ARTICLE 3
  Approval of Projects
1.
Audiovisual Co-productions shall require, prior to the commencement of shooting, approval of both the Competent Authorities.
2.
Approvals are granted under their respective national laws, shall be in writing and shall specify the conditions upon which the approval is granted. None of the co-producers shall be linked by common management, ownership or control, save to the extent that such links are inherent in the making of the Audiovisual Co-production itself.
3.
In considering proposals for the making of an Audiovisual Co-production, both Competent Authorities shall apply the rules and principles set out in this Agreement as well as in its Annex, with due regard for their respective policies and guidelines.
   

ARTICLE 4

  Contributions
1.
For each Audiovisual Co-production:
a.
the performing, technical, craft and creative participation of the Co-producers; and
b.
the production expenditure of the Co-producer in the Republic of India or in the Federative Republic of Brazil
 
shall be in reasonable proportion to their respective financial contributions and as mutually decided by both the Co-producers.
2.
Both the financial contribution, and the managerial, performing, technical, craft and creative participation of each Co-producer shall account for at least 20% (twenty per cent) of the total budget of the Audiovisual Co-production.
3.
Notwithstanding the contribution and participation rules set out in paragraphs 1 and 2 of this Article, in exceptional cases both Competent Authorities may approve Audiovisual Co-productions where:
a.
the contribution by one Co-producer is limited to the provision of finance only, in which case the proposed finance-only contribution shall be 20% (twenty per cent) or more of the total budget of the Audiovisual Co-production; or
b.
despite falling outside the contribution rules, the Competent Authorities consider that the project would further the objectives of this Agreement and should be approved accordingly.
4.
Subject to the specific conditions and limits laid down in laws and regulations in force in the Contracting 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 Audiovisual Work.
   

ARTICLE 5

  Third Country Co-Productions
1.

Where either the Republic of India or the Federative Republic of Brazil maintains with a third country an Audiovisual Co-production agreement, the Competent Authorities may approve a project for an Audiovisual Co-production

under this Agreement that is to be made in conjunction with a co-producer from that third country.

2.
Approvals under this Article shall be limited to proposals in which the contribution of the third country co-producer is no greater than the lesser of the individual contributions of the Brazilian and Indian Co-producers.
   

ARTICLE 6

  Participants
1. The screenwriters, the director, actors and other artistic and technical personnel participating in an Audiovisual Co-production shall be:
a. as regards the Republic of India,
  i.) nationals/citizens of Republic of India; and
  ii.) permanent residents of India.
b. as regards the Federative Republic of Brazil,
  i.) nationals/citizens of the Federative Republic of Brazil; and
  ii.) permanent residents of Brazil.
c. in cases in which there is a third co-producer,
  i.) nationals/citizens of the third co-producer’s country; and
  ii.) permanent residents of the third co-producer’s country.
2.
Participants in an Audiovisual Co-production as defined in this Article must at all times throughout the production retain their national status, and may not acquire or lose such status at any point during the course of production activity.
3.
In exceptional cases, both Competent Authorities may approve Audiovisual Works
a.
where script or financing dictate the engagement of performers from other countries; and
b.

where artistic or financing reasons dictate the engagement of technical personnel from other countries.

 
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