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Exchange of Notes constituting an Agreement between the Government of Canada and the Government of the French Republic amending the Agreement concerning Cinematographic Relations done in Ottawa on May 30, 1983, as amended by Exchanges of Notes done in Ottawa on February 8, 1989, on April 11, 1991, on September 8 1992 and on October 25, 1997 [2000] CATSer 6 (22 March 2000)

E103485 - CTS 2000 No. 7

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE FRENCH REPUBLIC AMENDING THE AGREEMENT CONCERNING CINEMATOGRAPHIC RELATIONS DONE IN OTTAWA ON MAY 30, 1983, AS AMENDED BY EXCHANGES OF NOTES DONE IN OTTAWA ON FEBRUARY 8, 1989, ON APRIL 11, 1991, ON SEPTEMBER 8, 1992 AND ON OCTOBER 25, 1997

I

The Director General, International and Intergovernmental Affairs, Canadian Heritage to the Ambassador of France in Canada

OTTAWA, January 21, 2000

H. E. Denis Michel Bertrand Bauchard
Ambassador
Embassy of the French Republic

Excellency,

I have the honour to refer to the Agreement between the Government of Canada and the Government of the Republic of France concerning Cinematographic Relations, done in Ottawa on May 30, 1983, as amended by Exchanges of Notes done in Ottawa on February 8, 1989, on April 11, 1991, on September 8, 1992 and on October 25, 1997.

At the meeting of the Joint Cinematographic Commission held in Cannes on May 19, 1998, representatives of our two countries agreed to amend this Agreements. I therefore have the honour to propose an amendment to this Agreement in accordance with the Annex to this Note.

If the proposed amendment is acceptable to the Government of France, I have the honour to propose that this Note and the attached Annex, which are authentic in English and French, and your Excellency's reply to that effect shall constitute an agreement between our two Governments amending the Agreement mentioned in the opening paragraph of this Note, which shall enter into force on the date of your reply.

Please accept, Excellency, the renewed assurances of my highest consideration.

Denny Gélinas

Director General
International and Intergovernmental Affairs
Canadian Heritage

ANNEX

Agreement between the Government of Canada and the Government of the Republic of France concerning Cinematographic Relations, done in Ottawa on May 30, 1983, as amended by Exchanges of Notes done in Ottawa on February 8, 1989, on April 11, 1991, on September 8, 1992 and on October 25, 1997

Article V shall be modified in the following manner:

1) Paragraph 3 of Article V shall be modified in the following manner:

"In the framework of productions developed in the French language, the percentage for minority participation can be reduced, without being less than (10) percent of the total cost of the production, when that production is more than 3.5 million dollars Canadian, or the equivalent in French francs."

2) Paragraph 4, which follows, shall be added to Article V:

"The minority co-producer shall be required to make an effective technical and creative contribution."

3) Paragraph 5, which follows, shall be added to Article V:

"In order to benefit from these provisions, it is agreed that the production should benefit from a distribution agreement or be assured television broadcasting in both countries."

4) Paragraph 6, which follows, shall be added to Article V:

"If it is determined that a general equilibrium as agreed to in Article 6.1 in the Agreement is not fulfilled, the competent authorities can decide, of a common accord, to take the necessary measures to remedy the disequilibrium."

This Annex forms an integral part of the Agreement and enters into force in the manner described in article XVIII of the Agreement.

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The Ambassador of France in Canada to the Director General, International and Intergovernmental Affairs, Canadian Heritage

(Translation)

EMBASSY OF FRANCE IN CANADA

March 22, 2000

Mr. Denny Gélinas
Director General
International and Intergovernmental Affairs
Canadian Heritage

Dear Director General:

I have received your letter dated January 21, which reads as follows:

"Excellency,

I have the honor to refer to the Agreement between the Government of Canada and the Government of the Republic of France concerning Cinematographic Relations, done at Ottawa on May 30, 1983, as amended by the exchange of Notes done at Ottawa on February 8, 1989, April 11, 1991, September 8, 1992, and October 25, 1997.

At the meeting of the joint cinematographic commission held in Cannes on May 19, 1998, representatives of our two countries agreed to amend the provisions of the Agreement. I have the honor to propose the amendments set out in the annex to this Note.

If these proposals are acceptable to the Government of the Republic of France, I have the honor to propose that this Note and the attached annex, which are authentic in English and French, and your reply to that effect, shall constitute an Agreement between our two governments amending the Agreement named in the first paragraph of this Note, which shall enter into force on the date of your reply.

Accept, Excellency, the expression of my highest consideration."

I have the honour of informing you of my approval of these proposals. In accordance with your Note, this Agreement between our two governments comes into force on today's date.

Accept, Mr. Director General, the expression of my highest consideration.

Denis Bauchard