AUDIO- VISUAL CO-PRODUCTION AGREEMENT BETWEEN THE REPUBLIC OF INDIA AND THE REPUBLIC OF SOUTH AFRICA

AUDIO- VISUAL CO-PRODUCTION AGREEMENT BETWEEN

THE REPUBLIC OF INDIA

AND

THE REPUBLIC OF SOUTH AFRICA

The Government of the Republic of India and the Government of the Republic of South Africa (hereinafter jointly referred to as the Parties and separately as a Party );

SEEKING to improve cooperation between the two countries in the audiovisual field;

TAKING COGNISANCE of the contribution which Co-production can make to the development of the audio visual industry;

DESIREOUS of promoting and facilitating the Co-production of films between the two countries, and the development of their cultural and economic exchanges;

CONVINCED that these exchanges will contribute to improving relations between the two countries:

HEREBY AGREE as follows:

Article 1

Definitions

In this Agreement, unless the context otherwise requires:

(a) Co-Production means an audio visual work which is any record of a sequence of related images, irrespective of length, intended to be shown as a moving image through the use of devices, regardless of the medium of initial or subsequent fixation, and for public exhibition including film and video recordings, animation and documentaries for exploitation in theatres, television, DVD or any new forms of distribution and jointly invested in and produced by Co-producers in accordance with the terms of recognition given by the Competent Authorities of India and South Africa under this Agreement. New forms of audio- visual production shall be included in this Agreement through the Amendment procedure set out in Article 17.

(b) Co-producer means one or more nationals or legal entities of the Republic of India and one or more nationals or legal entities of the Republic of South Africa involved in the making of a Co-production film.

(c) Third party Co-producer means any individual or legal entity from another country with which the Republic of India or the Republic of South Africa maintain a film and audio- visual Co-production agreement as referred to under Article 6.

Article 2

Competent Authorities

The Competent Authorities, responsible for the implementation of this Agreement, shall be

(a) in the case of the Government of the Republic of India, the Ministry of Information and Broadcasting; and

(b) in the case of the Government of the Republic of South Africa, the National Film and Video Foundation.

Article 3

Recognition as a National Film and Entitlement to Benefits

(1) A Co-production film shall be entitled to all the benefits which are or may be accorded to national films by each of the Parties under the domestic law in force in their respective countries.

(2) A co-production film, contemplated in sub-Article (1), shall be entitled to claim all state support, privileges and benefits available to the film industry in their respective countries.

Article 4

Import of Equipment and Immigration Facilitation

(1) A Party shall, in accordance with the domestic law in force in its country, permit the temporary import and export of any equipment necessary for the production of an approved audio-visual Co-production.

(2) A Party, subject to the domestic law in force in its country regarding immigration requirement, permit any person employed in the making or promotion of an approved Co-production by the other Party to enter and remain in the country of the former Party during the making or promotion of the Co-production film.

Article 5

Participants

(1) Persons participating in the making of a Co-production film shall meet the following requirements:

(a) As regards the Republic of India, they shall be

(i) Nationals/Citizens of the Republic of India; or

(ii) Entities which are established or incorporated in the Republic of India.

(b) as regards the Republic of South Africa, they shall be

(i) Nationals/Citizens of the Republic of South Africa;

(ii) Permanent residents of the Republic of South Africa; or

(iii) Companies incorporated in the Republic of South Africa in terms of its domestic law.

(2) Participants contemplated in sub paragraphs (a) and (b) must at all relevant times throughout the Co-production film, retain their national status, and may not acquire or lose such status at any point during the course of production activity.

(3) Subject to the approval of the Competent Authorities of the Parties, participation of professionals who are not citizens of the countries of the Parties in a Co-production film may be permitted, but only in exceptional circumstances.

Article 6

Participation by third country

The Competent Authorities may approve a Co-production film involving, apart from Indian and South African Co-producers, other from third countries which are parties to an audiovisual Co-production agreement with at least one of the Parties.

Article 7

Contribution

Each Co-producer including, in the case of a third country Co-production film under Article 6, the third country Co-producer, shall have both a financial and a creative contribution each of not less than twenty per cent (20%) of the total financial and creative contribution for the Co-production film.

Article 8

Conditions for obtaining Co-production status

(1) Audio visual Co-productions shall require, prior to the commencement of its shooting, approval of the Competent Authorities of both Parties.

(2) Approvals contemplated in sub-Article (1) shall be granted in writing under the domestic law in force in the countries of the Parties, and shall specify the conditions under which the approval is granted.

(3) None of the Co-producers shall be linked by common management, ownership or control, save to the extent that such links are inherent in the making of the audio visual Co-production itself.

(4) In considering proposals for the making of an audio-visual Co-production, the Competent Authorities shall apply the rules and principles set out in this Agreement with due

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