Key Benefits:
ACT 1556
(July 9)
Official Journal No. 48.486 of 9 July 2012
CONGRESS OF THE REPUBLIC
For which the national territory is promoted as a scenario for the shooting of cinematographic works.
COLOMBIA CONGRESS
DECRETA
GENERAL PROVISIONS.
ARTICLE 1o. OBJECT. This law aims to promote the cinematographic activity of Colombia, promoting the national territory as an element of cultural heritage for the filming of audiovisual and through these, the tourist activity and the promoting the image of the country, as well as the development of our film industry.
The above, concurrently with the purposes outlined by Law 397 of 1997 and 814 of 2003 regarding the cultural industry of cinema, all within the framework of a public policy designed for the development of the film sector, associated with the essential aims of the State.
ARTICLE 2o. DEFINITIONS. For the purposes of this law the following definitions apply:
1. National film work. It will be the one that meets the requirements set out in the 2009 Decrees 358 and 763 and the rules that modify them and establish equivalences on the same.
2. Foreign film work. That which, being a film work according to national provisions, does not meet the requirements to be considered as a national film work.
3. Film services. Specialised activities directly related to the pre-production, production and post-production of cinematographic works, including artistic and technical services, provided by natural or legal persons resident or resident in Colombia in the country.
4. Film services company. Legally constituted companies in Colombia, the object of which is the provision of cinematographic services, registered in the Register of the Prestors of the Cinémorphic Services of the Ministry of Culture.
PARAGRAFO. Films produced for the sole purpose of being broadcast on television or media other than the cinema screen may be included for the purposes of this law in the concept of cinematographic work according to the parameters established by the Filmic Colombia Promotion Committee, which deals with article 6or this law.
FILMIC FUND COLOMBIA.
ARTICLE 3o. COLOMBIAN FILMIC FUND. Create the Colombian Filmic Fund (FFC), as a special account of the Ministry of Commerce, Industry and Tourism, whose resources are constituted by
1. Those assigned to it annually in the national budget.
2. Derivatives of the financial and operating income of the Filmic Fund Colombia (FFC).
3. The product of the sale or liquidation of your investments.
4. Donations, transfers and contributions in money you receive.
5. The contributions of international cooperation.
PARAGRAFO 1o. The managing entity of the Filmic Fund Colombia (FFC) may constitute autonomous assets, subject to the authorization of the Filmica Colombia Promotion Committee, which deals with the article 6or this law.
PARAGRAFO 2o. The allocation of the National Budget allocated annually for the Colombian Filmic Fund (FFC) will not affect the fiscal ceilings established in the budget rules and are considered an addition to the budget. of the Ministry of Trade, Industry and Tourism.
PARAGRAFO 3o. Pursuant to article 267 of the Political Constitution, the Comptroller General of the Republic shall exercise fiscal control over the Fund's resources. Filmic Colombia (FFC).
ARTICLE 4. MANAGEMENT AND EXECUTION OF RESOURCES FROM THE FILMIC COLOMBIA FUND (FFC). The Ministry of Commerce, Industry and Tourism will manage and implement the resources of the Colombian Filmic Fund (FFC) through an administrative entity that, at the choice of the Ministry of Commerce, Industry and Tourism, may be a fiduciary entity or the Joint Motion Picture Promotion Fund-Proimages Colombia, created by Law 397 of 1997.
ARTICLE 5o. DESTINATION OF RESOURCES FROM THE FILMIC COLOMBIA FUND (FFC). The resources of the Filmic Fund Colombia (FFC) will be used for the following lines of promotion of the national territory as a space for the development of cinematographic activities:
1. Payment of the consideration provided for in Article 8or of this law, generated in the contracts concluded with the film producers.
2. Payment of administrative costs according to the contract or agreement that is concluded for the management and execution of the Filmic Fund Colombia (FFC).
3. Investment in promotion activities in Colombia as a location for filming.
ARTICLE 6o. COLOMBIAN PROMOTION COMMITTEE. Create the Colombian Film Promotion Committee (CPFC), as a management board of the Colombian Filmic Fund (FFC), which will be in charge of it:
1. Approve the resource allocation manual and the hiring manual by which the managing entity of the Filmic Fund Colombia (FFC) should be followed.
2. Approve the administration and control expense budget.
3. Approve the filming projects in Colombia and the conclusion of the corresponding contracts between the administrator and the film producer.
4. Approve projects for the promotion of national territory for the development of cinematographic activities and location of filming and decide on its implementation.
5. Approve your own regulation.
ARTICLE 7o. INTEGRATION OF THE FILM PROMOTION COMMITTEE COLOMBIA. The Committee shall be composed of:
1. The Minister of Commerce, Industry and Tourism, who will chair it.
2. The Minister of Culture.
3. The President of Proexport.
4. Two representatives with a broad background in the film sector, appointed by the President of the Republic.
5. The representative of the producers in the National Council of Motion Picture Arts and Culture (CNACC).
6. The Director of Cinematography at the Ministry of Culture.
PARAGRAFO 1o. Ministers will be able to delegate their representation to a deputy minister and the Minister of Commerce, Industry and Tourism in the Deputy Minister of Tourism. Other members may not delegate their participation.
PARAGRAFO 2o. In the absence of the Minister of Trade, Industry and Tourism, he will preside over the Minister of Culture and in the absence of these, he will preside the Deputy Minister of Tourism of the Ministry of Commerce, Industry and Tourism. In any event, the Committee shall not be able to meet without the participation of the Ministry of Trade, Industry and Tourism or the Ministry of Culture.
PARAGRAFO 3o. The Director of the Joint Motion Picture Promotion Fund-Proimages Colombia will have the quality of permanent assistant and will participate in a voice but without a vote.
PARAGRAFO 4o. The members of the Committee will not be able to access the resources of the Filmic Fund Colombia (FFC).
FILMING COLOMBIA CONTRACTS AND THEIR DELIVERY.
ARTICLE 8o. FILMING CONTRACTS COLOMBIA. The managing body of the Filmic Fund Colombia (FFC), once approved the project of filming in Colombia by the Committee Promotion Filmica Colombia (CPFC) will celebrate the respective Colombian Filming Contracts, with the resources of the Filmic Fund Colombia (FFC), with the legal persons who in the condition of film producers go to perform the total or partial filming of cinematographic works in Colombian territory, prior to the fulfillment of the requirements set in the resource allocation manual.
PARAGRAFO. Only projects can be approved when the film producer will invest in its production in Colombian territory at least one thousand eight hundred current monthly legal minimum wages (1,800 smlmv), resources to be managed through a trust managed by a trust company monitored by the Financial Superintendency, which constitutes and pays the respective producer.
ARTICLE 9o. CONTRAPRESTACIÓN. The companies producing cinematographic works, totally or partially rolled within the Colombian territory that will celebrate the Filmation Colombia Contracts, will have a consideration equivalent to forty percent (40%) the value of the costs incurred in the country for the use of cinematographic services contracted with Colombian companies for cinematographic services and twenty percent (20%) of the value of expenses in hotels, food and transport, provided that the conditions set out in the allocation manual are met resources.
PARAGRAFO 1o. In the case of companies producing national cinematographic works, they may or may not perform the hiring through Colombian film service companies.
PARAGRAFO 2o. The film holder or producer must ensure integrally to the staff who work in the country, the rights and social benefits enshrined in the legislation
ARTICLE 10. RECOGNITION AND PAYMENT OF CONSIDERATION. The production companies will be recognized for the consideration that the previous article deals with the Filmation Colombia Agreement signed in the terms established in this law, when complete the production or post-production commitments of the film in Colombia. For these purposes, the production company will present to the Committee Promotion Filmica Colombia (CPFC), through the managing entity of the Filmic Fund Colombia (FFC), a request for recognition of the consideration based on the expenses performed in the country, attaching the documents to be established in the resource allocation manual.
ARTICLE 11. EXTERNAL AUDIT. The Managing Entity of the Filmic Fund Colombia (FFC), once verified the performance of the contractual obligations and the requirements established in this law, previous favorable concept of the external audit Contracted by the producer, will process the respective refund.
ARTICLE 12. RESPONSIBILITIES. If, by any means, it is possible to establish the total or partial origin of the payment of the consideration, they will be jointly and severally liable for the fact that the production company, the service companies Film in accordance with the certificates issued and the external audit firm which issued the favourable concept on the origin of the consideration.
ARTICLE 13. NATIONAL PROJECTS. The national cinematographic works of production or co-production may choose to request access to the promotion mechanisms established in this law, or those provided for in Law 814 of 2003, without both being able to compete. The instances designated in those laws will set conditions for the resources of one and another system to be fully independent.
FINAL PROVISIONS.
ARTICLE 14. FOREIGN ARTISTIC AND TECHNICAL PARTICIPATION. The revenue collected by non-resident artists, technicians and production personnel in the country, when there is no contract and no payments in the country, shall be understood as foreign source income. generated by their participation in foreign films with the certification issued by the Cinematography Directorate of the Ministry of Culture, that said project is registered in the film register.
ARTICLE 15. FILM REGISTER. The Cinematography Directorate of the Ministry of Culture will adapt its system of film records in a way that incorporates the issues that this law deals with.
ARTICLE 16. SPECIAL VISAS FOR FILM TALENT. The Ministry of Foreign Affairs must have a special regime for the entry of artistic, technical and foreign production personnel in order to carry out production projects foreign films without the need for the issuance of work visas. Accreditation of a health care service will be required during its stay in the country.
ARTICLE 17. FACILITATION OF FORMALITIES. The filming of audiovisual works in public spaces or in public areas is not considered a public show. Consequently, they shall not apply to the permits granted for the purpose in the field of territorial entities, the requirements, documents or, in general, the forecasts required for the performance of spectacles. public.
The territorial entities through municipal and district governorships or municipal governments, in the development of principles of elimination of formalities, must have a unified permit that integrates all those authorizations or requirements in the case of audiovisual filming in public spaces or in public goods under its jurisdiction.
ARTICLE 18. EFFECTIVE AND REPEALED. This law governs from its publication and up to the end of ten (10) years and repeals all provisions that are contrary to it.
The President of the honorable Senate of the Republic,
JUAN MANUEL CORZO ROMAN.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
SIMON GAVIRIA MUNOZ.
The Secretary General of the honorable House of Representatives,
JESUS ALFONSO RODRIGUEZ CAMARGO.
COLOMBIA-NATIONAL GOVERNMENT
Publish and comply.
Dada in Bogotá, D. C., on July 9, 2012.
JUAN MANUEL SANTOS CALDERÓN
The Deputy Foreign Minister, charged with the duties of the Foreign Relations Minister's Office,
MONICA LANZETTA MUTIS.
The Deputy Minister General of the Ministry of Finance and Public Credit, charged with the duties of the Office of the Minister of Finance and Public Credit,
GERMAN MAPLE ZAPATA.
The Deputy Minister of Business Development of the Ministry of Commerce, Industry and Tourism, charged with the Duties of the Office of the Minister of Commerce, Industry and Tourism,
CARLOS ANDRÉS DE HART PINTO.
The Minister of Culture,
MARIANA GARCES CÓRDOBA.
