Agreement between the Government of the Kingdom of the Netherlands and the Government
of the Republic of Indonesia on audiovisual coproduction
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Preamble
The Government of the Kingdom of the Netherlands and the Government of the Republic
of Indonesia (hereinafter jointly referred to as “the Parties” and in singular as
a “Party”);
Referring to the Memorandum of Understanding between the Ministry of Education and
Culture of the Republic of Indonesia and the Ministry of Education, Culture, and Science
of the Netherlands in the field of culture signed in Jakarta on the thirteenth of
February 2017;
Seeking to enhance cooperation between the Parties in the audiovisual sector;
Desirous of expanding and facilitating the coproduction of audiovisual works that
may be conducive to the audiovisual industries of the Parties and to the development
of their cultural and economic exchanges;
Convinced that these exchanges will contribute to the enhancement of relations between
the Parties;
Article 1. Definitions
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For the purposes of this Agreement:
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a) “Audiovisual work” means: an aggregate of images or of images and sounds, embodied
in any material, including but not limited to, fiction films, documentaries, animation
films, and digital format productions, but not including items outside the scope of
the laws and regulations applicable to the audiovisual industry of either Party;
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b) “Coproducer” means: audiovisual production company of the Republic of Indonesia or
audiovisual production company of the Kingdom of the Netherlands involved in the making
of a coproduced audiovisual work, or, in relation to third-party coproductions under
Article 6, an audiovisual production company or individual not nationals of either Party; and
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c) “Coproduced audiovisual work” means: an audiovisual work made by one or more Indonesian
producers in conjunction with one or more Dutch producers through joint investment,
including coproduced audiovisual work with third-party as defined in Article 6.
Article 2. Competent Authorities
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Article 3. Recognition of National Audiovisual works and Entitlement to Benefits
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3 The Competent Authorities shall communicate to each other a list of national laws
and regulations applicable in their respective territories relating to support and
financial benefits for audiovisual works. If the related national laws or regulations
are changed, in whatever way, the Competent Authority of the Party in question undertakes
to communicate the contents of these changes to the Competent Authority of the other
Party.
Article 4. Requirements for Coproducers
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1 Production companies involved in a coproduced audiovisual work must be registered
in accordance with the laws and regulations of the relevant Party. In addition, individual
producers, production companies, and studios must obtain any permit required by the
Competent Authorities.
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2 Coproduced audiovisual works must be undertaken by film producers whose technical,
financial capacity, and professional experience satisfy the requirements of the respective
Competent Authorities’ approval processes.
Article 5. Approval of a Coproduced Audiovisual Work
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3 Upon completion of production, coproducers shall be responsible to submit to the Competent
Authorities the completed coproduced audiovisual work and any documentation required
by the Competent Authorities to enable the Competent Authorities to complete their
final approval processes before the coproduced audiovisual work receives the benefits
attached to final approval, pursuant to Article 3 (1) and (2).
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5 The Competent Authorities shall consult with each other to determine whether a project
complies with the provisions of this Agreement. Each Competent Authority, in deciding
whether to grant or refuse provisional or final approval, shall apply its own policies
and guidelines.
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6 When approving a coproduced audiovisual work, each Competent Authority may stipulate
conditions of approval designed to achieve the general aims and objectives of this
Agreement. In the event of a disagreement between the Competent Authorities about
whether approval should be granted or conditions stipulated, the project concerned
shall not be approved under this Agreement.
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8 In relation to the Netherlands, a coproduced audiovisual work will be recognized as
having completed the provisional approval process once the Dutch Competent Authority
provides written notification to the Dutch coproducer that provisional approval has
been granted. A coproduced audiovisual work will be recognized as having completed
the final approval process once the Dutch Competent Authority provides written notification
to the Dutch coproducer that final approval has been granted.
Article 6. Coproductions with Third Parties
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With joint written approval by the Competent Authorities, a third-party coproducer
may participate in coproducing a co-audiovisual work under this Agreement.
Article 7. Application for Coproduction Status
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Article 8. Contributions
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1 The proportion of the respective contributions of the coproducers of each Party to
a coproduced audiovisual work shall be no less than 20% (twenty percent) and no more
than 80% (eighty per cent) of the work’s total budget. If necessary, the Competent
Authorities may agree to different limits, subject to new minimum and maximum limits
of no less than 10% (ten percent) and no more than 90% (ninety percent), respectively.
Article 9. Participation, On-location Filming and Soundtrack
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4 A coproduction with one or more third parties can also be granted access to the benefits
provided for in this Agreement by the Competent Authorities on a case-by-case basis.
The proportion of the contributions from a third party to such a coproduction shall
be no less than 20% (twenty percent) of the audiovisual work's budget. If necessary,
the Competent Authorities may agree to different limits, subject to a minimum limit
of 10% (ten percent).
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5 Studio shoots and on-location shoots for a coproduced audiovisual work shall preferably
be done in studios or locations in the territory of one or both Parties. The Competent
Authorities of the Parties can agree, for artistic reasons, that an on-location shoot
will take place elsewhere if the script or the original setting of the audiovisual
work so demands.
Article 10. Import of Equipment
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Each of the Parties shall provide, in accordance with the domestic laws in force in
their territories, temporary admission of cinematographic and technical equipment
for the making of coproduced audiovisual works, free of import duties and taxes, subject
to the provision of security, until the equipment is exported.
Article 11. Immigration and Facilitation
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Each Party shall permit personnel of the other Party, who meet the requirements of
Article 9 (1), or personnel of a third party as referred to in Article 9 (3) and 9 (4), as the
case may be, to enter and remain in the Party’s territory for the purpose of making
or exploiting a coproduced audiovisual work, subject to the relevant laws in the respective
territories relating to entry and stay, including return.
Article 12. Assessment and Evaluation
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1 A general balance shall be maintained between the Parties with regard to actors’ performances,
artistic involvement, and financial and technical participation such as studios, laboratories,
and postproduction, originating from either Parties.
Article 13. Ownership
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In order to have access to the benefits provided for in this Agreement, the coproducers
shall jointly have the ownership of the tangible elements of the audiovisual work,
including the master recording and all other source materials of the coproduced audiovisual
work. Further, each coproducer shall have the right to make copies of the coproduced
audiovisual work for exploitation in its own territory. The audiovisual work material
shall be kept in a place mutually agreed upon by the coproducers, to which each coproducer
has access.
Article 14. Credits
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Credits, trailers, and all promotional material of audiovisual works coproduced within
the scope of this Agreement shall mention the audiovisual work’s status as an official
coproduction between the Republic of Indonesia and the Kingdom of the Netherlands,
or, where relevant, shall feature a credit reflecting the participation of the Republic
of Indonesia, the Kingdom of the Netherlands, and a third-party coproducing country.
Article 15. Film cooperation
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2 The Competent Authorities agree to use their best efforts and means available to generate
public awareness and publicity for the audiovisual works coproduced within the scope
of this Agreement, during national film festivals, film education programs, programs
to promote participation in film festivals, and other cultural events.
Article 16. Status of Annex
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Article 17. Amendment, Review and Evaluation
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1 The Competent Authorities shall supervise, review, and evaluate regularly the operation
of this Agreement, strive to resolve any difficulties in its implementation, and make
any proposals considered necessary for the effective implementation of this Agreement.
Article 18. International Obligations
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The provisions of this Agreement are without prejudice to other international obligations
of the Parties, including the obligations of the Kingdom of the Netherlands arising
from the laws and regulations of the European Union.
Article 19. Settlement of Disputes
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Any dispute between the Parties arising from the interpretation, application, or implementation
of the provisions of this Agreement shall be settled through consultation and negotiation
through diplomatic channels.
Article 20. Entry into Force
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1 This Agreement shall enter into force on the date of the last written notification
by one of the Parties to the other Party, through diplomatic channels, communicating
that the domestic requirements for the entry into effect have been met.
Article 21. Duration and Termination
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