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Exchange of Notes between the Government of Canada and the Government of the People's Democratic Republic of Algeria constituting an Agreement to amend the Agreement of July 14, 1984 concerning Cinematographic Relations [1987] CATSer 18 (19 June 1987)

E102911 - CTS 1987 No. 2

EXCHANGE OF NOTES BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE PEOPLE'S DEMOCRATIC REPUBLIC OF ALGERIA CONSTITUTING AN AGREEMENT TO AMEND THE AGREEMENT OF JULY 14, 1984 CONCERNING CINEMATOGRAPHIC RELATIONS

I

The Minister of Communications of Canada to the Minister of Culture and Tourism of Algeria

OTTAWA, June 19, 1987

JLE-669

His Excellency Mr. Boualem Bessaïeh,
Minister of Culture and Tourism of the
People's Democratic Republic of Algeria

Excellency,

I have the honour to refer to the Agreement between the Government of Canada and the Government of the People's Democratic Republic of Algeria concerning cinematographic relations, signed on July 14, 1984⁽¹⁾ and to further discussions between representatives of our two Governments.

I have the further honour to propose that the Agreement be amended by deleting article I and replacing it by the following:

For the purposes of this Agreement, the word "co-production" includes projects of all lengths and all sizes, including animation and documentaries, produced on film, videotape recorder or videodisk, for distribution to theatres, on television, by videocassettes, videodisks or any other means.

If the foregoing provisions, which are equally authentic in English, French and Arabic, are acceptable to the Government of the People's Democratic Republic of Algeria, I have the honour to propose that this Note and your reply to that effect shall constitute an Agreement between our two Governments amending the Agreement of July 14, 1984 between Canada and the People's Democratic Republic of Algeria concerning cinematographic relations. The present Agreement will enter into force on the date of your reply.

In accordance with the provisions of Article XV of the Agreement, I have also the honour to attach herewith the rules of procedure for co-production as established by our respective representatives.

Accept, Excellency, the assurances of my highest consideration.

Minister of Communications

Flora MacDonald

II

The Minister of Culture and Tourism of the People's Republic of Algeria to the Minister of Communications of Canada

(Translation)

OTTAWA, June 19, 1987

The Honourable Flora MacDonald,
Minister of Communications of Canada

Dear Madam:

I have the honour to refer to your Note of June 19, 1987, respecting the amendment of the Agreement Concerning Cinematographic Relations between the Government of the People's Democratic Republic of Algeria and the Government of Canada, signed on July 14, 1984.

I am pleased to inform you that my Government accepts the provisions set forth in your Note and gives its consent to your proposal that your Note and this reply should constitute an Agreement between our two Governments effective June 19, 1987.

I also have the honour of acknowledging receipt of the rules of procedure for co-production, which you sent in the same envelope, as established jointly by our respective representatives and in accordance with Article XV of the Agreement Concerning Cinematographic Relations.

Accept, Madam, the assurances of my highest consideration.

Boualem Bessaïeh

Minister of Culture and Tourism

(Translation)

RULES OF PROCEDURE IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE XV OF THE AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE PEOPLE'S DEMOCRATIC REPUBLIC OF ALGERIA CONCERNING CINEMATOGRAPHIC RELATIONS SIGNED JULY 14, 1984

Applications for co-production benefits under the Agreement Concerning Cinematographic Relations must be made simultaneously to both administrations, at least thirty (30) days before the shooting of a cinematographic or video co-production begins. The administration of the country of which the majority co-producer is a national shall communicate its proposal to that of the minority co-producer within twenty (20) days of the submission of complete documentation as described below. The administration of the country of which the minority co-producer is a national shall thereupon communicate its decision within fourteen (14) days.

Documentation submitted in support of an application shall consist of the following items, drafted in French or English in the case of Canada, and in Arabic or French in the case of Algeria.

I. The final scenario.

II. A document providing proof that the copyright for the joint cinema or video production has been legally acquired.

III. One signed copy of the co-production contract.

This contract must include:

1. the title of the cinematographic or video co-production;

2. the name of the author of the original scenario, or the name of the author of the scenario or adaptation if it is drawn from a literary source;

3. the name of the director (a substitution clause is permitted to provide for his replacement if necessary);

4. the budget;

5. the financing plan;

6. the distribution of receipts and markets;

7. the respective shares of the co-producers in any over- or underexpenditure, which shares shall in principle be proportional to their respective contributions, although the minority co-producer's share in any overexpenditure may be limited to a lower percentage or to a fixed amount;

8. approval of a co-production proposal by the competent authorities of either country does not bind them to permit a public exhibition of the co-production;

9. a clause prescribing the measures to be taken where:

(a) after full consideration of the case, the competent authorities in either country refuse to grant the benefits applied for;

(b) the competent authorities prohibit the exhibition of the cinemato­graphic or video co-production in either country or its export to a third country;

(c) either party fails to fulfill its commitments;

10. the period when shooting of the cinematographic or video co-production is to begin;

11. a clause stipulating that the majority co-producer shall take out an insurance policy covering "all production risks" and "all original material risks".

IV. The distribution contract, where this has already been signed.

V. A list of the creative and technical personnel indicating their nationalities and, in the case of performers, the roles they are to play.

VI. The production schedules.

VII. A detailed budget indicating how expenses are to be shared between the two countries.

VIII. A synopsis.

The competent administrations of the two countries can demand any further documents and all other additional information deemed necessary.

In principle, the final shooting script (including the dialogue) should be submitted to the competent administrations prior to the commencement of shooting.

Amendments, including the replacement of a co-producer, may be made in the original contract but they must be submitted for approval by the competent administrations of both countries before the cinematographic or video co-production is finished.

The replacement of a co-producer may be allowed only in exceptional cases and for reasons declared valid by the competent administrations.

The competent administrations will keep each other informed of their decisions.