Key Benefits:
897 OF 2004
(July 21)
Official Journal No. 45.618 of 23 July 2004
PUBLIC POWER-LEGISLATIVE BRANCH
By means of which the " Audiovisual Co-Production Agreement between the Government of the Republic of Colombia and the Government of Canada, made and signed in the city of Bogotá, D. C., is approved, at ten (10) days of July two months. mil dos (2002).
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Audiovisual Co-Production Agreement between the Government of the Republic of Colombia and the Government of Canada", made and signed in the city of Bogotá, D. C., at ten (10) days of July two thousand two (2002).
(To be transcribed: photocopy of the full text of the international instrument mentioned).
LAW PROJECT 38 OF 2003 SENATED
By means of which the " Audiovisual Co-Production Agreement between the Government of the Republic of Colombia and the Government of Canada, made and signed in the city of Bogotá, D. C., is approved, at ten (10) days of July two months. mil dos (2002).
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Audiovisual Co-Production Agreement between the Government of the Republic of Colombia and the Government of Canada", made and signed in the city of Bogotá, D. C., at ten (10) days of July two thousand two (2002).
(To be transcribed: photocopy of the full text of the international instrument mentioned).
" AUDIOVISUAL CO-PRODUCTION AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF CANADA
The Government of the Republic of Colombia and the Government of Canada (hereinafter referred to as the "Parties"),
Whereas it is desirable to establish a framework for the development of their relations in the audiovisual field and, in particular, with regard to film, television and video co-productions
Aware of the contribution that quality co-productions can make to the expansion of their film, television and video production and distribution industries, as well as to the development of their cultural and cultural exchanges economic;
Convinced that these exchanges will contribute to closer relations between the two countries;
AGREED THE FOLLOWING:
1. For the purposes of this Agreement, the term "audiovisual co-production" means a project of any duration, including animation and documentary works produced in film, video or video, or in any other medium until now unknown, intended to be displayed in movie theaters, on television, videocasete, video disc or by any other means of diffusion. The new forms of audiovisual production and dissemination shall be included in this Agreement by means of exchange of letters.
2. Co-productions under this Agreement shall be approved by the following authorities (hereinafter referred to as the "Competent Authorities"):
In Colombia: the Ministry of Culture
In Canada: the Ministry of Canadian Heritage;
3. All co-productions proposed under this Agreement shall be produced and distributed in accordance with national laws and regulations in force in Colombia and Canada.
4. All co-productions made under this Agreement shall be considered to be all Fines as national productions in and for each of the two countries. Accordingly, such co-productions shall enjoy full rights of all the advantages resulting from the provisions relating to the film and video industries which are in force or which may be enacted in each country. Those advantages shall be granted only to the producer in the country granting them.
The benefits of this Agreement shall apply only to co-productions undertaken by producers who have a good technical organisation, sound financial support and a recognised professional experience.
1. The proportion of the respective contributions of the co-producers of the Parties may vary from 20% (20%) to 80% (80%) of the budget of each co-production.
2. Each co-producer must make a real technical and artistic contribution. In principle, the contribution of each one should be proportional to their investment.
1. The producers, writers and directors of the co-productions, as well as the technicians, actors and other personnel involved in the co-production, must be citizens or permanent residents of Colombia or Canada.
2. In the event that co-production so requires, the participation of actors other than those referred to in paragraph 1 may be permitted, subject to approval by the Competent Authorities of both countries.
1. Live action shoots and animation works such as storyboards, diagramming, key animations, intermediate and voice recording should, in principle, be developed alternately in Colombia and Canada.
2. The shooting of natural and outdoor decoration, both exterior and interior, in a country that does not participate in the co-production, can be authorized if the script or action so requires and if they are involved in the technical service of Colombian and Canadian.
3. The laboratory work will be performed either in Colombia or in Canada, unless it is technically impossible, in which case the Competent Authorities of both countries may authorize it to be carried out in a country that does not participate in the coproduction.
1. The competent authorities of both countries will also consider favourably the production of co-productions between Colombia, Canada and any other country to which Colombia or Canada are bound by an official coproduction agreement.
2. The proportion of any minority participation in a multi-party co-production shall not be less than 20% (20%) of the budget.
3. Each of the minority co-producers shall be obliged to make a real technical and artistic contribution.
1. The original sound band of each production will be performed in English, French or Spanish. Filming is allowed in a combination of two or all of those languages. If the script so requires, dialogues in other languages may be included in the co-production.
2. Each co-production will be doubled or subtitled in English, French or Spanish in Colombia or Canada, as the case may be. Any deviation from this principle should be approved by the Competent Authorities of both countries.
For the purposes of this Agreement, the production carried out in the framework of a twinning may be considered, with the approval of the Competent Authorities, as co-productions and enjoy the same advantages. By derogation from the provisions of Article III, in the case of a twinning, the reciprocal participation of the producers of the two countries may be limited to a simple financial contribution, without necessarily imply the exclusion of any artistic or technical contribution.
2. To be approved by the Competent Authorities, those productions must meet the following conditions:
(a) Comport a reciprocal investment and respect the general equilibrium at the level of the conditions for the distribution of the revenue of the co-producers in the production of the twinning;
b) Twinning productions must be distributed in Colombia and Canada under comparable conditions;
(c) twinned productions may be performed either simultaneously or consecutively, on the understanding that, in the latter case, the lapse between the completion of the first production and the start of the second production shall not exceed one (1) year.
1. Except in the cases provided for in the following paragraph, no less than two copies of the final material of protection and reproduction used in the production of all co-productions may be made. Each co-producer shall own a copy of that material and shall be entitled to use it, in accordance with the terms and conditions agreed between the co-producers, to make the necessary reproductions. In addition, each co-producer shall have the right of access to the original production material, in accordance with those terms and conditions.
2. At the request of both co-producers and subject to the approval of the Competent Authorities of both countries, only a copy of the final material of protection and reproduction will be made in the case of the qualified works of low-budget productions by the Competent Authorities. In such cases, the material shall be kept in the country of the majority co-producer. The minority co-producer shall have permanent access to such material to perform the necessary reproductions, in accordance with the terms and conditions agreed between the co-producers.
Subject to current legislation and regulations, each Party shall:
(a) Facilitate the entry and temporary residence in their respective territory to technical and artistic personnel, and to the actors hired by the co-producer of the other country for the purposes of co-production, and
b) Allow temporary entry and re-export of any equipment that is required for the purposes of co-production.
The distribution of revenue among co-producers should, in principle, be proportional to the financial contribution of each individual and be subject to the approval of the Competent Authorities of both countries.
The approval of a co-production project by the Competent Authorities of both countries does not commit any of them to guarantee to the co-producers the granting of a permit for the projection of the co-production carried out.
1. Where a co-production is exported to a country where the import of such works is subject to a quota system, the co-production shall be included in the quota of the Party:
a) Cuya participation is majority;
b) That has the best export possibilities, if the contributions of the two countries are equal;
c) From which the director is a citizen, if the application of literals a) and b) which antecedents presents difficulties.
2. By way of derogation from paragraph 1 above, if one of the co-producing countries is free to make its films freely available in the importing country, the co-productions made under this Agreement shall enjoy the full right of that possibility, to the the same title as the other national productions of the co-producer country concerned, provided that the latter agrees to its consent.
1. The co-productions must be presented with the mention "Coproduction Colombia-Canada" or "Coproduction Canada-Colombia", according to the country whose participation is majority or as the co-producers agree.
2. This indication shall be included in the credits, in all commercial advertising and promotional material, and during their presentation, and shall be treated in the same way as the two Parties.
In the case of presentations at international film festivals, unless co-producers agree otherwise, co-production will be entered by the country of the majority co-producer or, if the co-producers have the same share financial, by the country of which the director is a citizen.
The competent authorities of the two countries have jointly established the rules of procedure for co-productions, taking into account the legislation and regulations in force in Colombia and Canada. Those procedural rules are annexed to this Agreement.
No restrictions will be imposed on the import, distribution and display of Canadian film, television and video productions in Colombia, and Colombian film, television and video productions in Canada, other than those laid out in the legislation and regulations in force in each of these two countries.
1. For the duration of this Agreement, a general balance shall be sought with regard to the financial contribution, the participation of the artistic, technical and actors staff and the infrastructure (studies and laboratories), taking into account the characteristics of each country.
2. The competent authorities of the two countries shall examine as necessary the conditions for implementing this agreement in order to resolve any difficulties arising from its application. As necessary, they will recommend the modifications that it is necessary to adopt with a view to developing cooperation in the field of film and video in the best interests of both countries.
3. A Joint Commission is established to monitor the implementation of this Agreement. The Joint Committee shall determine whether the general balance has been achieved and, if not, determine the measures necessary to establish it. The meetings of the Joint Committee will be held in principle once every two years, on an alternate basis in each of the two countries. However, extraordinary meetings may be convened at the request of the Competent Authority of one or both of the countries, particularly in the case of major amendments to the legislation or regulations governing the film industry, television and video in either country, or when the implementation of this Agreement presents serious difficulties. The Joint Committee shall meet within six (6) months following the call by one of the Parties.
1. This Agreement shall enter into force when each Party has informed the other Party that it has completed its internal ratification process.
2. This Agreement will last for five (5) years from its entry into force and will be tacitly renewed for equal periods unless either Party notifies in writing its intention to terminate it six (6) months prior to the date of its entry into force. of its expiry.
3. Co-productions that have been approved by the Competent Authorities and are in progress at the time one of the Parties notifies their intention to terminate the Agreement, will continue to enjoy all the advantages of the Agreement until their completion is completed. After the expiry or termination of this Agreement, their conditions shall continue to apply in all matters relating to the liquidation of the proceeds of co-produced works.
IN FE OF THE CUAL, the undersigned, duly authorized by their respective Governments, have signed this Agreement.
FACT in two (2) copies of the same tenor in the city of Bogotá, D. C., at ten (10) days of the month of July two thousand two (2002).
By the Government of Canada,
Unreadable signature.
By the Colombian Government,
Unreadable signature.
ANNEX
PROCEDURE RULES
Applications for admission to the benefits of this Agreement for all co-production shall be addressed simultaneously to the two administrations, at least thirty (30) days before the start of the service.
The documentation that is presented in support of any request will include the following items, written in French or English for Canada, and in Spanish language for Colombia.
I. The final indent.
II. The synopsis.
III. Documents to establish that the ownership of the copyright of the co-production has been legally acquired.
IV. A co-production contract, signed by the two co-producers. That contract will behave:
1. The title of the coproduction.
2. The name of the scriptwriter or the adapter, if it is an issue inspired by a literary work.
3. The budget.
4. The funding plan.
5. A clause stipulating the distribution of cash, market, broadcast media, or a combination of these items.
6. A clause that determines the participation of each co-producer in cost overruns or potential economies.
7. A clause specifying that admission to the benefits arising from the Agreement will not compromise the government authorities of the two countries to grant a co-production exhibition permit.
8. A clause specifying the expected disposi tions:
(a) Where, after examining the file, the competent authorities of one of the two countries did not grant the requested admission;
(b) Where the competent authorities do not authorise the display of co-production in their country or their export to a third country;
c) In the case where one of the two co-producers does not respect their commitments.
9. A clause specifying that production will be covered by an insurance policy covering at least 'all risks to production' and 'all risks to the negative'.
10. A clause stipulating the distribution of ownership of copyright in proportion to the contribution of each of the co-producers.
V. Letters, contracts and other financial documents for all participants present in the financial structure.
VI. The list of artistic and technical personnel with an indication of their nationality and the roles attributed to the actors.
VII. The production schedule.
VIII. The detailed budget in which the costs to be incurred by each co-producer as well as the expenditure in a third country, if applicable, are specified.
The two competent authorities of the contracting parties may also request all documents and any additional details they deem necessary.
The two competent administrations of the Contracting Parties may also request all documents and any additional details they deem necessary.
In principle, the creative and technical distribution must be submitted to the competent administrators before the service is started.
Changes may be made to the original contract, including the replacement of a co-producer. However, such amendments shall be submitted for approval by the competent authorities of the Contracting Parties prior to the completion of the co-production. The replacement of a co-producer may only be admitted in exceptional circumstances and for reasons whose validity is recognised by the two competent authorities.
Competent administrations will inform each other of their decisions. "
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Bogotá, D. C., May 28, 2003
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects (signed)
ALVARO URIBE VELEZ
The Foreign Minister (signed),
CAROLINA BOAT ISAKSON.
DECRETA:
ARTICLE 1o. Approve the "Audiovisual Co-Production Agreement between the Government of the Republic of Colombia and the Government of Canada", made and signed in the city of Bogotá, D. C., at ten (10) days of the month of July of two thousand two (2002).
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Audiovisual Co-Production Agreement between the Government of the Republic of Colombia and the Government of Canada", made and signed in The city of Bogotá, D. C., at ten (10) days of July of two thousand two (2002), which by article 1 of this law is approved, will force the country from the date on which the international link with respect to it is perfected.
ARTICLE 3o. This law governs from the date of its publication.
Dada en Bogotá, D. C., a ....
Presented to the honorable Congress of the Republic by the undersigned Minister of Foreign Affairs and Minister of Culture.
The Foreign Minister,
CAROLINA BOAT ISAKSON.
The Minister of Culture,
MARIA CONSOLATION ARAUJO CASTRO.
REASON OSITION
Honorable Senators and Representatives:
On behalf of the National Government and in compliance with articles 150 numeral 16 and 189 numeral 2 of the Political Constitution of Colombia, we present to the Honorable Congress of the Republic the bill through which the Agreement of Audiovisual Co-Production between the Government of the Republic of Colombia and the Government of Canada is approved, made and signed in the City of Bogotá, D. C., at ten (10) days of July two thousand two (2002).
I. Previous considerations
Article 70 of the Political Constitution of 1991 establishes that culture in its various manifestations is the foundation of nationality and defines it as the duty of the State to promote development and the dissemination of cultural values. For his part, article 71 of the Political Charter states that the State will encourage people and institutions to promote cultural manifestations.
this sense, even in the midst of the economic difficulties that the country is going through, the National Government has been developing a policy of support for all sectors and cultural activities, including film activity, looking to allow our creators to concretize their works and projects. Such a policy of support is not limited to the purely financial aspect, but also seeks to expand the fields where creators can acquire resources and access different sources of aid, both professional and technical.
Example of the above is the initiative presented by the Ministry of Culture to the honorable Congress of the Republic in order to approve a bill aimed at strengthening and stimulating the Colombian film industry. an important step forward for the sector in terms of incentives and sustainability.
It is worth adding that Colombia has been an important point in the operation of some international organizations whose objectives are related to film production, such as the Conference of Film Authorities of Colombia. Ibero-America, CACI, and the Ibero-American Fund of Ibermedia Aid, a program that originates in a decision of the Ibero-American Summit of Heads of State and Government held in the year of 1997 in Margarita, Venezuela, and whose continuity was ratified by the Ibero-American Summit of Heads of State and Government held in Lima, Peru, in 2001. Our country has been part of both entities since the creation of them.
It is pertinent to highlight the fact that Canada has signed co-production treaties with more than 52 countries and therefore has a fundamental component of the production of film and television in the co-production. It is precisely this co-production scheme that facilitates the sharing of the high costs involved in the production of high quality works and with cultural sign.
II. Analysis and importance of the agreement
The agreement consists of a preamble, 19 articles, and an "Annex on Rules of Procedure".
The preamble sets out the reasons for the two governments to subscribe to the Agreement; highlighting that quality co-productions can contribute to the expansion of their film production and distribution industries, television and video, as well as the development of their cultural and economic exchanges.
Below are the articles whose provisions are considered to be of greater importance.
Article Iis highlighted, since it is defined as "audiovisual co-production", the authorities of each country competent to approve the co-productions that are carried out by virtue of the of the same, it is noted that the co-productions that are proposed, their production and distribution will be made in accordance with the laws in force in Colombia and Canada, and that such productions will be considered to all the purposes as national productions in and for each of the two countries.
Deserves to highlight the article IV, for it provides that the producers, writers and directors of the Coproductions, as well as the technicians, actors and other staff members who participate in the production must be citizens or permanent residents of Colombia or Canada; and that the participation of different actors will be subject to the approval of the Competent Authorities.
Articles V to IX refer to the alternate development in Colombia and Canada of live shoots, animation works and diagramming, among others; the possibility of co-productions with another country to which Colombia or Canada is bound by a co-production agreement; to the languages in which production will be carried out; to the contributions of the investment and the distribution of the income of the co-producers, to the copies of each production and its preservation.
Article X refers to the income facilities that the Parties to the Agreement will grant to the technical and artistic staff and the actors hired by the producer, as well as to the temporary income of the any equipment that is required for the purposes of production.
Article XIII regulates the export of works or productions, in the XIV , regarding the mention "Co-production, Colombia-Canada" or "Canada-Colombia" each time they are presented and that mention must be included in the credits and in all commercial advertising and promotional material during their presentation.
On the other hand, the article XVII deals with the general equilibrium with respect to the financial contribution, the participation of the artistic, technical and actors personnel and infrastructure; the competent authorities to resolve any difficulties arising from the implementation of the Agreement and to recommend amendments thereto; it also creates a Joint Commission to monitor the implementation of the Agreement.
On the other hand, by article XIX the form and date of entry into force of the Agreement, the term of duration and the conditions to which the productions in progress are submitted in the event in which it is The Agreement is terminated.
The Agreement contains an Annex called "Rules of Procedure" for applications for admission to the benefits of the Agreement.
III. Final conclusions
This Agreement allows the formation of an institutional framework that regulates the relations of cooperation within the film field between Canada and Colombia and contributes to strengthen the cultural exchange and inter-American solidarity.
The central objective of this Agreement is to allow Colombian film and television producers to share with their colleagues in Canada their financial, creative, technical and artistic resources to produce films and television programs that have the status of a national product in each of the two countries. All works under this Agreement shall be subject to approval by the competent authorities of each country.
It is, in the context of seeking greater horizons for our cinema, that it is necessary to comply with the internal constitutional procedure of the Agreement, in order to further improve the international link that ties our country with respect to it and thus take advantage of the benefits derived from it.
The present international instrument will be put into effect, both nations will have an important mechanism that will allow them to articulate the audiovisual industries of the two countries in order to stimulate the realization of works in a joint way and the same way to generate cultural, artistic and integration benefits.
Similarly, the instrument will give the green light to the performance of a Colombian-Canadian documentary film award that is being arranged between the Colombian Ministry of Culture and the Canadian Embassy in the framework of the celebration of the 50 years of diplomatic relations between the two countries.
Taking into account the above reasons, the National Government, through the Minister of Foreign Affairs and the Minister of Culture, requests the honourable National Congress to approve the Audiovisual Co-Production Agreement between the Government of the Republic of Colombia and the Government of Canada, made and signed in the city of Bogotá, D. C., at ten (10) days of July two thousand two (2002).
Of the honorable Senators and Representatives,
The Foreign Minister,
CAROLINA BOAT ISAKSON.
The Minister of Culture,
MARIA CONSOLATION ARAUJO CASTRO.
1998 Law 424
(January 13)
By which the international conventions signed by Colombia are ordered to follow.
COLOMBIA CONGRESS
DECRETA:
ARTICLE 1o. The National Government through the Foreign Ministry will submit annually to the Senate and Chamber of Foreign Relations Committees, and within the first thirty days of the the legislative period beginning every July 20, a detailed report on how the existing International Conventions signed by Colombia with other States are being complied with and developed.
ARTICLE 2o. Each dependency of the National Government charged with implementing the International Treaties of its competence and requiring reciprocity in them, will transfer the relevant information to the Ministry Foreign and East Relations, to the Commissions Seconds.
ARTICLE 3o. The full text of this law shall be incorporated as an annex to any and all International Conventions that the Ministry of Foreign Affairs presents to the Congress.
ARTICLE 4. This law governs from its enactment.
The President of the honorable Senate of the Republic.
AMYLKAR ACOSTA MEDINA.
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
CARLOS SQUIRLA BALLESTEROS.
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR.
COLOMBIA-NATIONAL GOVERNMENT
PUBLISH AND EXECUTE.
Dada en Santa Fe de Bogota, D. C., on January 13, 1998.
ERNESTO SAMPER PIZANO
The Foreign Minister,
MARIA EMMA MEJIA VELEZ.
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Bogotá, D. C., May 28, 2003
Approved. Submit to the consideration of the honorable National Congress for Constitutional Effects
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
CAROLINA BOAT ISAKSON.
DECRETA:
ARTICLE 1o. Approve the "Audiovisual Co-Production Agreement between the Government of the Republic of Colombia and the Government of Canada", made and signed in the city of Bogotá, D. C., at ten (10) days of the month of July of two thousand two (2002).
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Audiovisual Co-Production Agreement between the Government of the Republic of Colombia and the Government of Canada", done and signed In the city of Bogotá, D. C., at ten (10) days of July two thousand two (2002), which by article 1 of this law is approved, will force the country from the date on which the international link with respect to it is perfected.
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
GERMAN VARGAS LLERAS.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
ALONSO ACOSTA OSIO.
The Secretary General of the honorable House of Representatives,
ANGELINO LIZANO RIVERA.
COLOMBIA-NATIONAL GOVERNMENT
COMMUNICATE AND COMPLY.
Execute, upon revision of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., July 21, 2004.
ALVARO URIBE VELEZ
The Foreign Minister,
CAROLINA BOAT ISAKSON.
The Minister of Culture,
MARIA CONSOLATION ARAUJO CASTRO.
