7. FILM AND AUDIOVISUAL PRODUCTION

A. Sub-Regional Sectoral Agreements

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1. Convenio de Integración Iberoamericana (Agreement for the Ibero-American Integration of Cinematography)

DATE: November 11, 1989

MEMBERS: Argentina, Bolivia, Brazil, Colombia, Cuba, Ecuador, Mexico, Nicaragua, Panama, Peru, Spain, Venezuela

Summary of Provisions

Objective:
Article I: The purpose of this Agreement is to contribute to the cinematography development within the audiovisual space of the Ibero-American countries, and to their integration through an equal participation in the regional film and audiovisual production.

Article III: The Parties, in order to achieve this Agreement’s objective, will make the following efforts:

• support initiatives, through cinematography, for the cultural development of the people of the region;
• harmonize the Parties’ audiovisual and cinematography policies;
• resolve the region’s problems with film production, distribution and exhibition;
• preserve and promote the Parties’ cinematography product;
• enlarge the market for the cinematography production in any of its form of distribution, through the adoption in each of the countries of the region, of standards tending to the promotion and constitution of a Latin-American common market of cinematography.

Definition:
Article II: For the purposes of this Agreement a cinematography work is considered any registered audiovisual work, produced and distributed by any system, process or technology.

Institutional Infra-structure:
Article XVI: This Agreement establishes as its main agencies the Conference of Ibero-American Cinematography Authorities (CACI) and the Executive Secretariat of Ibero-American Cinematography (SECI). The Commissions mentioned in Article XXII are considered auxiliary agencies.

Article XVII: The Conference of Ibero-American Cinematography Authorities is the highest entity of the Agreement. It will consist by competent authorities in the issue, properly accredited through a diplomatic channel, according to the current legislation of each of the Member States. It will establish its internal regulations.

Article XVIII: The Conference will have the following functions: 

• formulate the general execution policy of the Agreement; 
• evaluate the results of its application; 
• accept the adhesion of new members; 
• study and propose modifications to this Agreement to the Member States; 
• approve resolutions which allow the implementation of what was established in this Agreement; 
• give the Executive Secretariat of Ibero-American Cinematography (SECI) instructions and standards for action; 
• designate the Executive Secretary of the Ibero-American Cinematography; 
• approve the annual budget presented by the Executive Secretariat of Ibero-American Cinematography (SECI); 
• establish mechanisms for the financing of the annual approved budget; 
• know and resolve all the other issues of common interest.

Article XX: The Executive Secretariat of Ibero-American Cinematography (SECI) is the executive and technical agency. It will be represented by the Executive Secretary designated by the Conference.

Article XXI: The Executive Secretariat will have the following functions: 

• follow the mandates by the Conference of Ibero-American Cinematography Authorities;
• inform the cinematography authorities of the Member States about the entry into force of this Agreement and the ratification or adhesion of new members; 
• elaborate its annual budget and present it to the Conference for its approval; execute the annual budget;
• recommend to the Conference formulas leading to a tighter cooperation between the Member States in the cinematography and audiovisual fields; 
• program the actions which will lead to more integration and establish the necessary procedures and deadlines; 
• elaborate projects of cooperation and mutual assistance; 
• inform the Conference about the results of the Resolutions adopted in previous meetings.

Article XXII: A Working Commission will operate in each of the Parties for the application of this Agreement, and it will be presided by the cinematography authority designated by its respective government.

Existing Bilateral Agreements:
Article XXIV: When there are existing bilateral agreements with more favorable provisions in the issues covered in the present Agreement, the Parties may invoke the ones they considered more advantageous.

Article XXV: This Agreement will not affect any of the bilateral agreements or commitments assumed between the Member States in the area of cinematography cooperation or coproduction.

Adhesion:
Article XXVI: This Agreement is open to the adhesion of any Ibero-American or Caribbean States or to States of Spanish or Portuguese language. 

Dispute Settlement:
Article XXVIII: The questions or controversies arising from the interpretation or application of this Agreement will be resolved by the Conference of Ibero-American Cinematography Authorities (CACI).

Entry into Force:
Article XXVII: Each Party will communicate through a diplomatic channel to the State where SECI’s headquarters are, the fulfillment of the internal legal procedures for the approval of this Agreement, and the Ministry of Foreign Relations of this country will notify the other Member Countries and the SECI.

Article XXIX: This Agreement will be subject to ratification and will enter into force when three (3) of the signatory States have deposited the Ratification Instrument under the terms of Article XXVII. For the other States it will enter into force after the respective Instrument of Adhesion has been deposited.

Denouncement:
Article XXX: Each of the Parties may denounce this Agreement at any moment through notification to the Depositary using a diplomatic channel. The denouncement will have effects for the interested Party six (6) months after this notification has been received.

2. Acuerdo para la Creación del Mercado Común Cinematográfico Latinoamericano (Agreement for the Creation of The Latin American Common Market of Cinematography)

DATE: November 11, 1989

MEMBERS: Argentina, Brazil, Cuba, Dominican Republic, Ecuador, Mexico, Nicaragua, Panama, Peru, Venezuela

Summary of Provisions

Objective:
Article I: The objective of the Latin American Common Market of Cinematography will be the implementation of a multilateral participation system of exhibition spaces for the cinematography work certified as national by the signatory States of this Agreement, with the purpose of widening the market possibilities of such countries and protect the links of cultural unity between the people of Ibero-America and the Caribbean.

Article IV: Each Member State of this Agreement will have the right to an annual participation of four(4) national cinematographic works with a duration of no less than seventy (70) minutes, which will be admitted in the Latin American Common Market of Cinematography. This participation may be increased by common agreement between the Members. The Members may also sign bilateral agreements to achieve a higher participation than the one established here.

Definition:
Article II: For the purposes of this Agreement a cinematography work is considered any registered audiovisual work, produced and distributed by any system, process or technology.

National Treatment:
Article VII: The cinematography authority of each exhibiting country will annually notify the Executive Secretariat of Ibero-American Cinematography (SECI) the list of cinematography work of producer countries receiving the benefits of a national cinematography work.

Article VIII: It is understood that the cinematography work participating in the Latin American Common Market of Cinematography will be considered in each Member State as national for the effects of their distribution and exhibition by any means, and, consequently, will enjoy the increased benefits and all rights regarding exhibition spaces, screen, exhibition and distribution quotas, and other prerogatives conferred by the national law of each Member State, with the exception of incentives granted by the governments to national films.

Entry into Force:
Article IX: This Agreement will be subject to ratification. It will enter into force when at least three (3) of the signatory States have deposited the Ratification Instrument before the Executive Secretariat of Ibero-American Cinematography (SECI).

Adhesion:
Article X: This Agreement will be open to the adhesion of the Ibero-American States participating in the Agreement for the Ibero-American Cinematography Integration. The adhesion will take place through the deposit of the respective Instrument before the Executive Secretariat of Ibero-American Cinematography (SECI).

Denouncement:
Article XI: Any of the Parties may denounce this Agreement at any moment through a written notification to the SECI.

The denouncement will be effective for the interested Party one (1) year after the notification has been received by the Executive Secretariat of Ibero-American Cinematography (SECI).

Dispute Settlement:
Article XII: The questions or controversies arising for the interpretation or execution of this Agreement between two or more countries, will be resolved by the SECI.

3. Acuerdo Latinoamericano de Coproducción Cinematográfica (Latin American Agreement on Film and Audiovisual Co-Production) 

DATE: November 11, 1989

MEMBERS: Argentina, Brazil, Cuba, Dominican Republic, Ecuador, Mexico, Nicaragua, Panama, Peru, Venezuela

Summary of Provisions

Definitions:
Article I: The Parties understand as “cinematography work of co-production” the work carried by two or more producers of two or more Member countries of this Agreement, in any format and means, of any duration, based on a coproduction contract, stipulated between the coproducer enterprises in conformity with the provisions of this Agreement and properly registered before the competent authorities of each country. 

Article II: For the purposes of this Agreement a cinematography work is considered any registered audiovisual work, produced and distributed by any system, process or technology.

National Treatment:
Article III: The cinematography work undertaken in co-production in conformity with the established in this Agreement will be considered national by the competent authorities of each co-producer country. This work will benefit from the anticipated advantages for the national cinematography work by the provisions of the current law in each co-producer country.

Transparency:
Article XV: The competent authorities of the coproducer countries will give each other information of a technical and financial nature relating to the coproductions carried under this Agreement.

Entry into Force:
Article XVI: This Agreement will be subject to ratification. It will enter into force when at least three (3) of the signatory States have deposited the Ratification Instrument before the Executive Secretariat of Iber-American Cinematography (SECI).

Adhesion:
Article XVII: This Agreement will be open to the adhesion of the Ibero-American States which participating in the Agreement for the Ibero-American Integration of Cinematography. The adhesion will take place through the deposit of the respective instrument before the Executive Secretariat of Iber-American Cinematography (SECI).

Denouncement:
Article XVIII: Any of the Parties may denounce this Agreement at any moment through a written notification to the Executive Secretariat of Ibero-American Cinematography (SECI). The denouncement will be effective for the interested Party one (1) year after the notification has been received by the Executive Secretariat of Ibero-American Cinematography (SECI) and given the previous fulfillment of the obligations contracted under this Agreement by the denouncing country.

Dispute Settlement:
Article XIX: The Executive Secretariat of Ibero-American Cinematography (SECI) will have the attribution of watching over the execution of this Agreement, examining the questions or controversies arising from its application, and mediating in case of conflict.

Modifications:
Article XX: Modifications may be proposed through the Executive Secretariat of Ibero-American Cinematography (SECI) as one or many of the Member States wish to do so, to be considered by the Conference of Ibero-American Cinematography Authorities (CACI) and approved through a diplomatic channel.

Proportions:
Article V: 

1. In the co-production of cinematography work, the proportion of each of the co-producers’ respective contributions shall not be inferior to 20%.

2. The cinematography work carried under this Agreement may not have a participation of non-member countries higher than 30%, and the co-producer with the biggest participation shall be one of the Member Countries.