LAW 155 1994
Official Gazette No. 41,461, July 27, 1994
Through which the Latin American Coproduction Agreement, signed in Caracas on November 11 approved. Summary
THE CONGRESS OF COLOMBIA,
having regard to the text of the Latin American Film Co-production Agreement, signed in Caracas on November 11, 1989, which reads:
"Ibero-American Coproduction Agreement" Effective Notes
The signatory States to this Agreement, Members of Cinematographic Integration Agreement Iberoamericana.
Aware that the film industry should contribute to the cultural development of the region and its identity;
Convinced of the need to promote the film and audiovisual development of the region and especially of those countries with insufficient infrastructure;
In order to contribute to the effective development of the film community of Member States;
Have agreed as follows: ARTICLE 1o
. The parties understand by "films co-produced" to those in any medium and format of any length, by two or more producers of two or more member countries of this agreement based on a co-production contract stipulated purpose in accordance with the provisions of this Agreement between the co-producing companies and duly registered with the competent authorities in each country.
. For the purpose of this Agreement is found film work that audiovisual character, recorded, produced and disseminated by any system, process or technology.
ARTICLE 3. Cinematographic works co-produced in accordance with the provisions of this Agreement, shall be considered as nationals by the competent authorities of each co-producer country and enjoy full rights to the benefits and tax incentives that are applicable to the film industry, who are in force or they could be enacted in each country. These advantages and tax incentives will be granted only to the producer of the country that grants them.
Notwithstanding the foregoing, this Agreement shall not affect any other aspect of the tax laws of the signatory States or agreements to avoid double taxation signed between signatory states. Effective Notes
ARTICLE 4. To enjoy the benefits of this Agreement, the co-producers must comply with the requirements of the rules of procedure, set out in Annex "A" of this Agreement and are considered as part of it.
The 5th ITEM. 1. In co-production of cinematographic works the proportion of the respective contributions of each of the co-producers may vary from twenty (20) to eighty percent (80%) per film.
2. Cinematographic works under this Agreement may not have a stake greater than thirty percent (30%) of non-member countries necessarily the majority co-producer must be one of the member countries.
To have a non-member country co-producer of the Agreement, the participation of the member countries may not be less than ten percent (10%), and most can not exceed seventy percent (70%) of the cost total production.
According to the regulations for that purpose develop the CACI, the SECI examine the conditions of admission of these case-by-case cinematographic works.
3. In the case of multilateral co-productions in which one or a co-producers cooperate artistically and technically while one or more others only participate financially, the percentage share of this or the latter may not be less than ten percent (10%), not more than twenty-five percent (25%) of the total cost of production.
4. The contributions of minority co-producer members should include mandatory forms an effective technical and artistic. The contribution of each co-producing country in creative staff, technicians and actors, should be proportional to their investment. Exceptionally they may be admitted expenses agreed by the competent authorities of each member country.
5. The contribution of each country include at least one element considered creative, an actor or actress in a leading role, an actor or actress in supporting role and a qualified technician. The actor or actress in a leading role may be replaced by two qualified technicians.
It is understood by creative staff people who have the quality (authors, screenwriters or adapters, directors, composers) and the chief editor, director of photography, artistic director and chief sound. The contribution of each of these creative elements will be considered individually. Effective Notes
ARTICLE 6o. The parties undertake to:
a) cinematographic works co-produced in accordance with Article I of this Agreement are carried out with Nacionale professionals or residents of Member States;
B) That the directors of such co-productions are nationals or residents of Member States or co-producers of Latin America, the Caribbean and other countries of Spanish or Portuguese;
C) The director is the highest artistic and creative authority in the co-production;
D) co-productions under this Agreement, respect the cultural identity of each co-producer country in any language spoken in the region.
1. The development of negative processes in post-production will be performed in any of the Member States or co-producers. Exceptionally, and with the agreement of the co-producers it may be performed in other countries.
2. Printing or reproducing copies shall be made in compliance with the laws of each country.
3 Each co-producer shall be entitled to the dupes, duplicates and copies required.
4. The majority co-producer will be responsible for the custody of the original picture and sound, unless the co-production contract specify other modalities.
5. The dupes, duplicates and copies referred to in this article may be made by any existing method.
6. When the co-production takes place between countries with different languages, there will be versions that the co-producers agree accordance with the laws of each country.
Article 8. In principle, each co-producer country the benefits of the operation will be reserved in its own territory. Any other contractual arrangement require prior approval of the competent authorities of each co-producer country.
Article 9. The contract referred to Article I the conditions relating to the distribution of markets between the co-producers, marketing, areas, liabilities, expenses, commissions, income and any other conditions deemed necessary will be established.
ARTICLE 10. It will be promoted with particular interest the realization of films of special artistic and cultural value among companies producing Member States of this Agreement.
1. Credits or titles of films made under this Agreement shall in their separate table, the character of co-production of the same and the name of the participating countries.
2. Unless the co-producers decide otherwise, cinematographic works co-produced will be presented at international festivals by the country of the majority co-producer or, in the case of equal financial participation, by the country's coproducer of which the director is a resident.
3. The awards, grants, incentives and other economic benefits that were granted to films, can be shared between the co-producers, according to the provisions of the co-production contract and legislation in each country.
4. All prize other than in cash, ie honorary award or trophy awarded by third countries to cinematographic works according to the rules established by this Agreement, shall be retained in trust by the majority co-producer, or as established by the co-production contract.
ARTICLE 12. In the event that a cinematographic work in co-production is exported to a country where imports of cinematographic works are subject to quotas or quotas:
a) The cinematographic work shall be charged in principle, the quota or share of the country whose participation is majority;
B) In the case of films that behave equal participation between countries, the cinematographic work the quota or quota of the country that has the greatest export potential will be allocated;
C) In case of difficulties, the cinematographic work the quota or share of co-producer country of which the director is a resident shall be charged;
D) If one of the co-producing countries enjoys unrestricted entry of its films into the importing country, made in co-production, they will be presented as co-producer for that country nationals to enjoy the corresponding benefits.
ARTICLE 13. The parties shall grant facilities for the movement and stay of artistic and technical personnel involved in co-produced films, in accordance with this Agreement. Also, facilities for temporary import and export in the co-producing countries necessary for the realization of co-productions material is granted, under current regulations in each country.
1. The transfer of foreign exchange generated by the co-production contract performance shall be in accordance with the laws in each country.
2. In addition to specifying the modes of payment and income distributions, any system may be agreed use or exchange of services, materials and products, which is the convenience of the co-producers.
exception to the preceding provisions of this Agreement may be admitted bipartite co-productions of films made, which meet the following conditions:
1. Having a recognized technical quality and artistic value; these characteristics must be identified by the competent authorities.
2. Being a cost equal to the amount determined by the film authorities in each country at the time.
3. Admitting a minority stake which may be limited to the financial sector, according to the co-production contract, but not less than ten percent (10%), not more than twenty-five percent (25%). Exceptionally, the competent authorities may approve rates higher than the indicated financial participation.
4. Gather the conditions set for the granting of nationality by law in the majority country.
5. Inclusion in co-production contract provisions on revenue sharing.
The benefits of bipartite co-production is only granted to each of these works after authorization given case by case basis by the competent authorities.
In these cases, the benefit of co-production will only be effective in the country of which the minority co-producer originates when a new movie majority stake in that country, has been accepted by the competent authorities to the benefit of the coproduction under the terms of this Agreement.
The financial contributions made by each side must be, in all those films, globally balanced within four (4) years. Effective Notes
ARTICLE 16. The competent authorities of the co-producing countries technical information and financial concerning co-productions under this Agreement shall be communicated. Effective Notes
ARTICLE 17. This Agreement is subject to ratification. It shall enter into force when at least three (3) of the signatory States have deposited with the Executive Secretariat of Ibero-American Cinematography (SECI) the Instrument of Ratification. Effective Notes
ARTICLE 18. This Agreement shall be open to the accession of Ibero-American States that are part of Cinematographic Integration Agreement Iberoamericana. Accession shall be effected by the deposit of the respective instrument with the SECI. Effective Notes
ARTICLE 19. Each of the parties may at any time denounce this Convention by written notification to the SECI.
This denunciation shall take effect for the party one (1) year after the date on which the notification is received by the SECI and subject to fulfillment of obligations by this Agreement by the complainant country. Effective Notes
ARTICLE 20. The Executive Secretary of the Ibero-American Cinematography (SECI) as assignment will ensure the implementation of this Agreement, consideration of doubts and Disputes your application and mediate in case of conflict. Effective Notes
will of one or more Member States may propose amendments to this Agreement, through the SECI, for consideration by the Conference of Latin American Film Authorities (CACI) and approved through diplomatic channels . Effective Notes
In witness whereof, the undersigned, being duly authorized thereto
signed this Agreement.
Made in Caracas, Venezuela, on the eleventh day of the month
November in 1989.
The Director of the National Institute of Cinematography,
For the Republic of Colombia,
The Minister of Communications,
ENRIQUE Danies CORNERS.
For the Republic of Cuba,
The President of the Cuban Institute of Art and Cinematographic Industry
Julio Garcia Espinosa.
For the Republic of Ecuador,
Ambassador Extraordinary and Plenipotentiary,
FRANCISCO MONTALVO HUERTAS.
For the United Mexican States,
Ambassador Extraordinary and Plenipotentiary,
ALEJANDRO SOBARZO Loaiza.
For the Republic of Nicaragua, Director General
Nicaraguan Film Institute (INCINE)
ORLANDO CASTILLO ESTRADA.
For the Republic of Panama,
The Director of the Department of Film
University of Panama,
For the Republic of Peru,
The Director General of Social Communication
National Institute of Social Communication,
ELVIRA THE BRIDGE BESACCIA.
For the Republic of Venezuela,
The charge of the Ministry of Development, IMELDA
In the Dominican Republic,
Ambassador Extraordinary and Plenipotentiary,
PABLO VELAZQUEZ Guidicelli.
For the Federative Republic of Brazil and Plenipotentiary, Ambassador Extraordinary
RENATO PRADO GUIMARAES.
RULES OF PROCEDURE FOR THE IMPLEMENTATION OF THE AGREEMENT IBEROAMERICAN Coproduction
For the implementation of the Ibero-American Coproduction Agreement, the following rules are established:
1. Applications for admission of cinematographic co-production under this Agreement and the corresponding coproduction contract shall be deposited with the competent authorities of the previously co-producers to start shooting the film work countries. Also, a copy of these documents to the SECI be deposited.
2. Such requests for admission of film co-production, must be accompanied by the following documents in the language of the country: 2.1
documents certifying legal ownership by the co-producers of the copyright of the work to be done, be it an original story or an adaptation.
2.2. The film script.
2.3. The co-production contract, which must specify:
a) The title of the project;
B) The name of the writers, their nationality and residence;
C) The director's name, nationality and residence;
D) The name of the protagonists, their nationality and residence;
E) Budget items in the currency determined by the co-producers;
F) the amount, characteristics and origin of the contributions of each co-producer;
G) The distribution and characteristics of revenues and market sharing.
H) An indication of the probable date for the start of filming of the cinematographic work and its completion.
3. Replacing co-producer for reasons recognized as valid by the other co-producers shall be notified to cinematographic authorities of the producing countries and SECI.
4. The changes possibly made to the original contract must be notified to the competent authorities of each country and the SECI co-producer.
5. Once completed coproduction respective governmental authorities shall provide the verification documents in order to verify compliance with the terms of this Agreement and the relevant regulations of the respective contract; done this, the respective authorities shall grant the Certificate of Nationality.
THE SIGNED UNDER SECRETARY OF LEGAL
MINISTRY OF FOREIGN AFFAIRS DECLARES:
That this reproduction is true and complete copy of the certificate text of "Latin American Coproduction Agreement" signed in Caracas Venezuela the November 11, 1989, which is on file in the Legal Secretariat of the Ministry. Given in Bogota to nine (9) days of March in 1992 (1992).
The Deputy Legal,
CLARA VARGAS DE LOSADA INÉS.
Executive Branch of Public Power, President of the Republic,
Bogota, DC, April 3, 1992. Approved
, submit for the consideration of honorable
National Congress for Constitutional effects.
The Minister of Foreign Affairs, Noemi Sanin
(Sgd.) César Gaviria Trujillo. DECREES
ARTICLE 1 A. Approval of the Latin American Coproduction Agreement, signed in Caracas on 11 November 1989.
ARTICLE 2 A. In accordance with the provisions of article 1. 7a Act. 1944, the Latin American Coproduction Agreement, signed in Caracas on November 11, 1989, that article 1. of this Act is approved, it will force the country from the date the international link is perfect.
ARTICLE 3 A. This Law governs from the date of publication.
The President of the honorable Senate of the Republic, JORGE RAMON ELIAS
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable Chamber of Representatives, Francisco Jose Jattin
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA-NATIONAL GOVERNMENT
communication, publication and execute.
After review by the Constitutional Court,
accordance with Article 241-10
of the Constitution.
Given in Bogota, DC, 25 July 1994.
César Gaviria Trujillo.
The Minister of Foreign Affairs, Noemi Sanin
The Minister of Communications, WILLIAM