Key Benefits:
1262 OF 2008
(December 26)
Official Journal No. 47.214 of 26 December 2008
CONGRESS OF THE REPUBLIC
By means of which the "Protocol of amendment to the Latin American Agreement on Film Coproduction", signed in Bogotá, D. C., is approved on July 14, 2006.
COLOMBIA CONGRESS
Having regard to the text of the " Protocol of Amendment to the Latin American Film Coproduction Agreement, signed in Bogotá, D. C., on July 14, 2006, which reads:
(To be transferred: photocopy of the full text of the International Instrument mentioned).
LATIN AMERICAN FILM CO-PRODUCTION AGREEMENT PROTOCOL
States Parties to the Latin American Film Coproduction Agreement:
CONSCIOUS of the need to strengthen and expand the film and audiovisual development of the Ibero-American countries;
I note that the Conference of Film Authorities of Latin America, at its 9th Ordinary Meeting, held in the city of Madrid, the Kingdom of Spain, on 19 and 20 June 2000, approved the introduction of certain amendments to the Latin American Film Coproduction Agreement, signed in the city of Caracas, on November 11, 1989;
It also takes into account that the co-production of cinematographic and audiovisual material under the Agreement does not include only Latin American countries, but also extends to the Iberian States which are, or are to be, parties. Contracting Agreement;
Have agreed to make certain amendments to the Latin American Film Co-Production Agreement (hereinafter referred to as "the Agreement"), and for these purposes they have resolved to conclude the following Protocol of Amendment to the said Instrument International:
The Title of the Agreement is amended in the following terms:
"Ibero-American Film Coproduction Agreement"
Article III of the Agreement is amended in the following terms:
" cinematographic works carried out in co-production in accordance with the provisions of this Agreement shall be considered as national by the competent authorities of each co-producer country and shall enjoy the full right of the advantages and incentives (i) the Commission's position on the application of Article 1 (1) of Regulation (EU) No. 1 of the European Union of the European Union; These tax advantages and incentives will be granted only to the producer in the country that grants them.
Without prejudice to the foregoing, this Agreement shall not affect any other aspect of the tax legislation of the signatory States or the conventions to prevent double taxation between signatory States. "
Article V of the Agreement is amended in the following terms:
" 1. In the 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. The cinematographic works carried out under this Agreement may not be more than thirty per cent (30%) of non-member countries and the majority co-producer must necessarily be one of the member countries.
For a non-member country co-producer of the Agreement, the participation of the member countries shall not be less than 10% (10%), and the largest share shall not exceed 70% (70%) of the total cost of production.
According to the regulation to be prepared by the CACI for this purpose, the SECI will examine the conditions of admission of these cinematographic works on a case-by-case basis.
3. In the case of multilateral co-productions in which one or more co-producers cooperate in artistic and technical cooperation while the other or others are only financially involved, the percentage of participation of the latter or the latter may not be less than 10%. (10%), not more than 25% (25%) of the total cost of production.
4. The contributions of the minority co-producers should include an effective technical and artistic participation. The contribution of each co-producer country in creative personnel, in technicians and in actors, should be proportional to its investment. Exceptionally, the competent authorities of each Member State may accept erogations.
5. The contribution of each country shall include at least one element considered as creative, an actor or actress in the lead role, an actor or actress in secondary role and a qualified technician. The lead actor or actress may be replaced by two qualified technicians.
It is understood by creative personnel to the people who have the quality of author (authors, writers or adaptors, directors, composers) as well as the chief assembler, the director of photography, the artistic director and the head of sound. The contribution of each of these creative elements will be considered individually. "
An article is added following Article XIV with the following wording:
" By way of derogation from the foregoing provisions of this Agreement, bipartite co-productions of films may be admitted, which meet the following conditions:
1. Having a recognised technical quality and artistic value; these characteristics must be verified by the competent authorities.
2. Be of a cost equal to the amount determined by the film authorities of each country at the time.
3. To accept a minority shareholding which may be limited to the financial sphere, under the co-production contract, without being less than 10% (10%), and not more than 25% (25%). Exceptionally, the competent authorities may approve percentages of financial participation in excess of that indicated.
4. To meet the conditions laid down for the granting of nationality by the current legislation of the majority country.
5. Include in the co-production contract provisions relating to the distribution of revenue.
The benefit of bipartite co-production shall be granted only to each of these works after authorisation, on a case-by-case basis, by the competent authorities.
In these cases, the benefit of the co-production will only be effective, in the country of which the minority co-producer is originating, when a new film, of majority participation of that country, has been admitted by the competent authorities. for the benefit of co-production under the terms of this Agreement.
The financial contributions made by one party and another must be, in all these films, globally balanced within four (4) years. "
Article XX of the Agreement is amended in the following terms:
" Article XXI
At the will of one or more of the Member States, modifications may be proposed to this Agreement, through the SECI, to be considered by the Conference of Film Authorities of Ibero-America (CACI) and approved by the diplomatic ".
Articles XV, XVI, XVII, XVIII, XIX and XX of the Agreement shall be read as XVI, XVII, XVIII, XIX, XX and XXI, respectively.
Annex A to the Agreement is amended as follows:
" EXECUTION PROCEDURE RULES
For the application of the Ibero-American Film Coproduction Agreement the following rules are established:
1. Applications for admission of cinematographic co-production under this Agreement, as well as the relevant co-production contract, shall be lodged at the same time with the competent authorities of the co-producing countries at least 40 (40). days before the start of the shoot. A copy of these documents shall be deposited with the SECI.
2. Such requests shall be accompanied by the following documentation in the language of the country concerned:
2.l. Documents certifying the legal ownership of the copyright of the work to be performed.
2.2. Script and synopsis.
2.3. Co-production contract indicating:
a) Co-production title;
b) Identification of the Contracting Co-producers;
c) Identification of the author of the script or the adapter, if the work of another literary source has been extracted;
d) Identification of director, nationality and residence. A replacement clause is allowed to prevent replacement if necessary;
e) Budget by items in the currency to be determined by the co-producers, reflecting the percentage of each producer's participation that must correspond to the financial valuation of their technical and artistic contributions;
f) Financial plan, including the amount, characteristics and origin of contributions from each co-producer;
g) Distribution of collections and distribution of markets, media, or a combination thereof;
h) Date for the start of the shoot and its termination;
(i) Clause detailing the respective shares of co-producers in excess and lower expenses, which in principle will be proportional to their respective contributions;
j) Clause indicating the measures to be taken if one of the parties fails to comply with its commitments, or if the competent authorities of any of the countries refuse to grant the requested benefits;
(k) Clause providing for the distribution of ownership of copyright, on a basis commensurate with the respective contributions of the co-producers;
1) List of creative and technical staff indicating nationality and category of their work, and in the case of artists, nationality, roles to be interpreted, category and duration of the work;
m) Production programming, indicating locations and job plan;
3. The replacement of a co-producer shall be permitted only in exceptional cases, subject to notification to the competent authorities of the co-producing countries and to the SECI.
4. Any amendments to the original contract may be notified to the competent authorities of each co-producer country and to the SECI.
5. Once the co-production has been completed, the respective government authorities will proceed to verify the documents, in order to verify compliance with the conditions of this Agreement, the corresponding regulations and the contract respective. This will enable the Certificate of Nationality to be awarded. "
This Amendment Protocol may be signed by those member countries of the Latin American Film Coproduction Agreement.
The original of this Protocol, whose texts in Spanish and Portuguese are equally authentic, shall be deposited at the headquarters of the SECI, which shall send certified copies to the member countries of the Agreement for ratification or accession.
The instruments of ratification or accession will be deposited in the Country Headquarters of the SECI, which will communicate to the member countries each deposit and the date of the same.
This Protocol shall enter into force when eight (8) of the signatory countries have made the deposit of the Instrument of Ratification in the terms of the previous Article. For the other States this Protocol shall enter into force from the date of the deposit of the respective Instrument for Ratification or Accession.
This Protocol, upon entry into force, shall be deemed to be an integral part of the Agreement.
IN FE OF THE CUAL, the undersigned Plenipotentiaries, duly authorized, sign this Protocol of Amendment to the Latin American Agreement of Film Coproduction on behalf of their respective governments, in the city of Bogota, Colombia, on July 14, 2006.
CERTIFICATE
WHO SUBSCRIBES, Luis Enrique Girón Brito, Interim Executive Secretary of the Ibero-American Cinematography, certifies that the accompanying text, identified with the seal of the Executive Secretariat of the Ibero-American Film and Composite of six (6) Folios, contains the Protocol of Amendment to the Latin American Agreement of Film Coproduction, signed on the fourteen days of July of two thousand six, in the city of Bogotá, Republic of Colombia.
In Caracas, on the twentieth day of July, two thousand six.
Luis Enrique Giron Brito,
Executive Secretary (I) of Ibero-American Cinematography (SECI).
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 30, 2007
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Fernando Araujo Perdomo.
DECRETA:
Article 1o. Approve the "Protocol of Amendment to the Latin American Film Co-Production Agreement", signed in Bogotá, D. C., on July 14, 2006.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the " Protocol of Amendment to the Latin American Film Co-Production Agreement, signed in Bogotá, D. C., on July 14 2006, which is approved by Article 1 of this Law, shall be binding on 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 Minister of Foreign Affairs and the Minister of Culture.
The Foreign Minister,
Fernando Araujo Perdomo.
The Minister of Culture,
Paula Marcela Moreno.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 30, 2007
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Fernando Araujo Perdomo.
DECRETA:
Article 1o. Approve the "Protocol of Amendment to the Latin American Film Co-Production Agreement", signed in Bogotá, D. C., on July 14, 2006.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the " Protocol of Amendment to the Latin American Film Co-Production Agreement, signed in Bogotá, D. C., on July 14 2006, which is approved by Article 1 of this Law, shall be binding on 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,
HERNAN FRANCISCO ANDRADE SERRANO.
The Secretary General of the honorable Senate of the Republic,
EMILIO OTERO DAJUD.
The President of the honorable House of Representatives,
GERMAN MALE COTRINO.
The Secretary General of the honorable House of Representatives,
JESUS ALFONSO RODRIGUEZ CAMARGO.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute, upon revision of the Constitutional Court, in accordance with Article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., at 26 December 2008
ALVARO URIBE VELEZ
The Foreign Minister,
JAIME BERMUDEZ MERIZALDE.
The Minister of Culture,
PAULA MARCELA MORENO ZAPATA.
