The Government of the Republic of India hereinafter referred to as “India”) and the Government of the Republic of Korea (hereinafter referred to as “Korea”) ; hereinafter individually referred to as the “Party” and jointly referred to as the “Parties”.
RECALLING Article 9.1 of the Comprehensive Economic Partnership Agreement between the Republic of Korea and the Republic of India (hereinafter referred to as “CEPA between Korea and India”) signed in Seoul on 7th August 2009, which recognizes the importance of audio-visual co-productions and envisages co-production agreements between the Parties in the audio-visual sector;
FURTHER RECALLING paragraph 2, Article 9.1 of the CEPA between Korea and India which stipulates that such an agreement is an integral part of the CEPA between Korea and India;
DESIRING to expand and facilitate the co-production of audio-visual works in the context of cultural cooperation between the Parties; and
CONVINCED that such cooperation will contribute to the facilitation of cultural and economic exchanges between the Parties;
HAVE AGREED as follows:
For the purposes of this Agreement:
(a) “Audio-visual co-production” means an audio-visual work such as films, animations and broadcasting programmes made by one or more co-producer(s) of a Party in cooperation with one or more co-producer(s) of the other Party (or in the case of a third country co-production under Article 5, with one or more co-producer(s) of a third country) which is approved by the competent authorities of each Party. New forms of audio-visual co-productions shall be included in this Agreement by an exchange of notes between the Parties.
(b) “Film” means a series of images or of images and sound, including animation and documentary productions, produced in any format, which is intended to be shown in a cinema.
(c) “Co-producer” means a national or juridical person of Korea or a national or juridical person of India involved in the making of an audio-visual co-production, or, in relation to Article 5, a national or juridical person of a third country;
(d) “Juridical person” means any legal entity duly constituted or otherwise organized under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association or society; and
(e) “National” means :
(i) for Korea, a Korean as defined in Article 2 of the Constitution of Korea and its laws; and
(ii) for India, a citizen of the Republic of India.
Approval of Audio-Visual Co-Productions
1.Applications for the making of an audio-visual co-production shall be submitted to the competent authorities of the Parties. The competent authorities may, subject to this Agreement and the laws and regulations of each Party, approve applications submitted to them prior to the commencement of the shooting for the making of an audio-visual co-production. Approvals granted by the competent authorities shall be in writing and may specify the conditions upon which the approval is granted.
2.When approving an audio-visual work as an audio-visual co-production, the competent authorities shall ensure that none of the co-producers shall be linked, directly or indirectly, through legal entities with common management, ownership or control, except to the extent that it is inherent in the making of the audio-visual co-production itself.
3.The competent authorities of the Parties may, to the extent possible under their laws and regulations, exchange all information concerning the approval, rejection, change or withdrawal of any application for the approval of an audio-visual co-production. In this context, the competent authorities of the Parties may ensure that an audio-visual work conforms to the provisions of this Agreement. Each competent authority, in deciding whether to approve or refuse an application, shall apply the relevant laws and regulations of that Party.
4.The competent authorities of the Parties may subject the audio-visual co-production to final approval upon completion of the audio-visual co-production and prior to its distribution.
5.The approval of an audio-visual work as an audio-visual co-production by the competent authorities, shall not bind the relevant authorities of either Party to permit the public exhibition or broadcast of the completed audio-visual co-production.
Entitlement to Benefits
Third Country Co-Productions
(a). where the script or financing dictates, the participation of restricted numbers of performers from other countries; and
(b). in exceptional circumstances, the participation of restricted numbers of technical personnel from other countries.
In accordance with its laws and regulations in force, each Party shall endeavour to facilitate the entry into and temporary stay in its respective territory of the artistic and technical personnel and performers from the other Party for the purpose of the audio-visual co-production.
Temporary Importation of Material and Equipment for the Purpose of Making an Audio-Visual Co-production
Notwithstanding the provisions of Chapter Two (Trade in Goods) in the CEPA between Korea and India, the Parties shall, in conformity with their respective laws and regulations, examine and endeavour to allow the temporary importation of the technical material and equipment necessary for the audio-visual co-production under this Agreement by the artistic and technical personnel and performers from the territory of a Party into the territory of the other Party.
An audio-visual co-production and the advertising and promotional material associated with it shall include either a credit title indicating that the audio-visual co-production is an “Official Korea-India Co-Production” or an “Official India-Korea Co-Production” or, where relevant, a credit which reflects the participation of Korea, India and the third country co-producer, according to the origin of the majority co-producer or in accordance with an agreement between the co-producers.
Institutional Mechanism Competent Authorities
(a) for Korea, the Ministry of Culture, Sports and Tourism/ the Korean Film Council (KOFIC) for films (including animation film) and the Korea Communications Commission for broadcasting programmes (including animation for broadcasting purposes), or their successors; and
(b) for India, the Ministry of Information and Broadcasting or its successor. Either Party may change its appointed competent authority by giving notice to the other Party through diplomatic channels. The change in the competent authority shall take effect 30 days after the notice has been received.
Non-Application of Dispute Settlement Provisions
Chapter Fourteen (Dispute Settlement) of the CEPA between Korea and India shall not apply to any matter or dispute arising under this Agreement. Any dispute arising out of the interpretation and implementation or application of any of the provisions of this Agreement shall be settled amicably through mutual discussions and dialogue between the Parties.
Entry into Force
This Agreement shall enter into force once the Parties have notified each other in writing that their respective necessary legal procedures for the entry into force of this Agreement have been completed. This Agreement shall enter into force on the latter date of these two notifications.
Duration and Termination