Audio-Visual Co-Production Agreement Between The Republic of India And The People’s Republic of Bangladesh
Government of The Republic of India and the Government of the People’s Republic of Bangladesh (hereinafter referred to as the “the Parties”)
SEEKING to improve cooperation between the two countries in the audiovisual field and aware of the contribution which co-production can make to the development of the audiovisual industry.
DESIROUS of promoting and facilitating the coproduction of films between the two countries, and the development of their cultural and economic exchanges and immediate Co-Production of a
“Documentary Film on Bangladesh Liberation War in 1971”.
CONVINCED that these exchanges shall contribute to improving relation and economic exchanges between the two countries
HAVE AGREED AS FOLLOWS –
Article 1
Definitions
In this Agreement, unless the Agreement otherwise requires –
(i) On behalf of the Government of the Republic of India, Ministry of Information and Broadcasting; and
(ii) On behalf of the Government of the People’s Republic of Bangladesh, Ministry of Information.
Article 2
Recognition as a National Film and Entitlement to Benefits
Article 3
Temporary Entry into the Country
Article 4
Participants
(a) As regards the Republic of India, they shall be –
(i) Nationals/Citizens of the Republic of India or
(ii) entities which are established and/or incorporated in India
(b) As regards the People’s Republic of Bangladesh, they shall be-
(i) Nationals/Citizens of the People’s Republic of Bangladesh or
(ii) entities which are established and/or incorporated in Bangladesh.
Article 5
Contribution
Notwithstanding the provisions of this Agreement and in the interest of bilateral co-productions, even those films which are produced in one of the two countries and where the minority contribution is limited to financial investment, may be granted co-production status according to the co-production agreement. In such a case, the minority contribution may not be less than 20% (twenty per cent) of the final total cost of the film.
Article 6
Conditions for obtaining Co-production status
(a) the granting of approvals of an application for Approved Co-production status;
(b) the withdrawal of Approved Co-production status;
(c) any other matters that the Parties consider desirable.
(a) how applications are to be made to the Competent Authority; and
(b) the operation and interpretation of this Agreement
(a) how the Competent Authority proposes to make decisions on applications for the grant of Approved Co-production status, and
(b) factors it will take into account while exercising any discretion conferred on it by this Agreement.
Article 7
Film Negatives and Languages
Article 8
Minority and majority contribution in the case of multilateral co-productions
Subject to the specific conditions and limits laid down in laws and regulations in force in the Parties, in the case of multilateral co-productions, the minority contribution may not be less than 10% (ten per cent) and the majority contribution may not exceed 70% (seventy per cent) of the total cost of the film.
Article 9
Balanced contribution
Article 10
Joint Commission
Article 11
Entry in International Film Festivals
Article 12
Credits
A co-production film and the promotional materials associated with it shall include either a credit title indicating that the film is “an official Indian-Bangladesh Co-production” or “an official Bangladesh- Indian Coproduction”.
Article 13
Amendment
This Co-production Agreement may be amended by the mutual written consent of the Parties through the exchange of notes between the Parties through the diplomatic channel.
Article 14
Settlement of Disputes
Any dispute arising out of the interpretation or implementation of this Agreement shall be settled consensually through consultation and negotiation between the Parties.
Article 15
Entry into Force, Duration and Termination of the Agreement
Done at New Delhi on this 8th day of April 2017 in two originals in the English language.
For the Republic of India For the People’s Republic of Bangladesh
Foreign Secretary
Secretary, Ministry of Information
ANNEXURE
Procedures
General Provisions
Applications for any benefits under this Agreement in aid of any co-production must be submitted simultaneously to the Competent Authorities at least sixty (60) days before filming begins. The Competent Authorities of the country of which the majority coproducer or another co-producer indicated by the coproducers is a citizen shall convey their decision to the Competent Authorities of the other country within thirty (30) days of the submission of the complete documentation listed below. Again within thirty (30) days, the Competent Authorities of the other country shall convey their decision to the Competent Authorities of the first country and to the co-producer appointed by the co-producers.
Applications should be supported by the following documents in the official language of both countries –
b) The name of the author of the screenplay or of the person who adapted the screenplay, if it is based on literary sources,
c) The name of the director,
d) A synopsis,
e) A budget plan,
f) A financial plan, stating the financial input of the co-producers,
g) A clause defining the division of revenues and markets,
h) A clause setting forth a share in the copyright in proportion to the input of individual coproducers, as per intellectual property (IP) right laws.
i) A clause describing what to do if the budget is exceeded,
j) A clause describing the measures to be taken if one of the co-producers does not discharge its obligations,
k) A clause setting forth the rules governing financial settlements if any co-producer fails to provide the financial contribution agreed upon in the co-production contract,
l) A clause confirming that the acceptance of a co-production does not imply any production will be distributed in the Parties,
m) A clause obligating the majority co-producer to take out an insurance policy providing cover at least against “all production risks” and “all production risks connected with original
materials.”
n) The date on which filming commences.
o) Release of the Co-production film must be done on the same date in the contracting countries.
IMPORTANT PROVISIONS FOR INDIAN PARTY
In addition, an application addressed to the Indian Ministry of Information and Broadcasting (MIB), should be accompanied by four copies of the screenplay and film synopsis together with a
processing fee of US$ 225 payable to Pay & Accounts Officer, Ministry of Information & Broadcasting or for the amount as may be revised from time to time. If the film is to be shot wholly or partly in the Republic of India, the co-producers must provide the Indian Embassy in the Republic of Bangladesh and Ministry of Information & Broadcasting with the following information –
Within three weeks of receipt of the required set of documents, the Ministry of Information & Broadcasting will send the appropriate filming permit to all co-producers and the Competent Authorities in the other country. A longer period for issuing the filming permit may be required if filming is to take place in some restricted areas.
Permission to film in the Republic of India may be dependent upon the following conditions –
IMPORTANT PROVISIONS FOR BANGLADESH PARTY
In addition, an application addressed to the Ministry of Information, Government of the People’s Republic of Bangladesh should be accompanied by four copies of the screenplay and film synopsis together with a processing fee of US$ 225 payable to relevant Officer in the Ministry of Information or for the amount as may be revised from time to time. If the film is to be shot wholly or partly in the People’s Republic of Bangladesh, the co-producers must provide the Bangladesh High Commission in India and Ministry of Information with the following information –
Permission to film in the People’s Republic of Bangladesh may be dependent upon the following conditions –
CONCLUDING PROVISIONS
The Competent Authorities may ask for any additional documents or information which they consider essential in order to consider an application for a coproduction.
The final screenplay (with script) should be presented to the Competent Authorities prior to the start of filming.
Amendments, including a change of co-producer, may be made to the original co-production contract. However, any amendments must be submitted to the Competent Authorities for approval before the coproduction is completed. A change of co-producer is permissible only in exceptional circumstances, and for reasons considered by the Competent Authorities to be satisfactory. The Competent Authorities shall inform each other of the decisions they have reached
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