rijk/verdrag/verdrag-tussen-de-regering-van-het-koninkrijk-der-nederlanden-en-de-regering-van/BWBV0007082

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Indonesië inzake audiovisuele coproductie	BWBV0007082	verdrag	geldend	2026-02-04	https://wetten.overheid.nl/BWBV0007082	Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Indonesië inzake audiovisuele coproductie

Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Indonesië inzake audiovisuele coproductie

Artikel 1

For the purposes of this Agreement:

a) 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; b) 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 c) 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.

Artikel 2

1.

The Competent Authorities responsible for the implementation of this Agreement are:

a) a) in the case of the Government of the Republic of Indonesia: the Ministry of Culture; and b) b) in the case of the Government of the Kingdom of the Netherlands: the Netherlands Film Fund.

2. The Parties shall inform each other in writing in the event that their Competent Authority changes.

3. The Competent Authorities shall designate coproductions to which this Agreement applies.

Artikel 3

1. The Audiovisual works that are coproduced within the scope of this Agreement shall be designated by the Competent Authorities as national audiovisual works, in accordance with the applicable laws and regulations in the territories of each of the Parties.

2. The coproducers of audiovisual works that are coproduced within the scope of this Agreement shall be granted access to support and other financial benefits in the territory of each of the Parties in accordance with their national laws and regulations.

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.

4. The benefits intended by this Agreement for coproduced audiovisual works shall be granted to coproducers that are considered to operate as properly equipped technical and financial entities and to have sufficient professional qualifications and experience. The Parties shall inform each other via their Competent Authorities regarding this designation.

Artikel 4

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.

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.

Artikel 5

1. The Audiovisual works that are coproduced within the scope of this Agreement must receive provisional approval from the respective Competent Authorities before they go into production. Coproducers are responsible to provide any documentation required by the Competent Authorities to complete their provisional approval processes.

2. The Audiovisual works that are coproduced within the scope of this Agreement must be made in accordance with the terms of the provisional approval given by the Competent Authorities.

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).

4. In determining both provisional and final approval, the Competent Authorities shall apply the Annex to this Agreement to coproduced audiovisual works.

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.

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.

7. In relation to Indonesia, a coproduced audiovisual work will be recognized as having completed the provisional approval process once the Indonesian Competent Authority has issued Tanda Pendaftaran Produksi Film (TPPF).

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.

Artikel 6

With joint written approval by the Competent Authorities, a third-party coproducer may participate in coproducing a co-audiovisual work under this Agreement.

Artikel 7

1. The Indonesian coproducer is responsible for applying for coproduction status in Indonesia and endeavours to ensure the coproduced audiovisual work complies with the requirements of the Indonesian Competent Authority for granting coproduction status.

2. The Dutch coproducer is responsible for applying for coproduction status in the Netherlands and endeavours to ensure the coproduced audiovisual work complies with the requirements of the Netherlands Competent Authority for granting coproduction status.

3. Any third party coproducer shall fulfil all required conditions relating to coproduction status to produce an audiovisual work under the terms of the coproduction agreement.

Artikel 8

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.

2. Every coproducer shall make an effective artistic and technical contribution and comply with the respective conditions of each Party.

3. The participation of the minority coproducer shall encompass both artistic and technical positions in accordance with the proportion of its contribution.

Artikel 9

1.

Major artistic and technical positions in a coproduced audiovisual work shall be held by persons from the following categories:

a. a. With regard to the Republic of Indonesia:

        1.
        persons having the Indonesian nationality.

1. 1.   persons having the Indonesian nationality.
      

b. b. With regard to the Kingdom of the Netherlands:

        1.
        persons holding the Dutch nationality; or
      
      
        2.
        persons permanently residing in the part of the Kingdom of the Netherlands referred to in Article 20(2); or
      
      
        3.
        persons holding the nationality of another Member State of the European Union; or
      
      
        4.
        persons holding the nationality of another state that is party to the Agreement on the European Economic Area of 2 May, 1992.

1. 1.   persons holding the Dutch nationality; or
      

2. 2.   persons permanently residing in the part of the Kingdom of the Netherlands referred to in Article 20(2); or
      

3. 3.   persons holding the nationality of another Member State of the European Union; or
      

4. 4.   persons holding the nationality of another state that is party to the Agreement on the European Economic Area of 2 May, 1992.
      

2. A coproduced audiovisual work shall originate from one of the Parties. The proportion of main artists and technicians originating from each of the Parties shall be negotiated by the coproducers before the audiovisual work is submitted to the Competent Authorities of both Parties for provisional approval.

3. Persons who do not fall to the categories described in paragraph (1) shall only be accepted in major artistic and technical positions as described in paragraph 1 subject to the written approval of both Competent Authorities, taking into account the requirements of the audiovisual work.

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).

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.

6. The original soundtrack of every coproduced audiovisual work shall be made in one of the official languages of either one of the Parties or in any combination of the permitted languages. The soundtrack may contain dialogue in other languages if the script so demands.

Artikel 10

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.

Artikel 11

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.

Artikel 12

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.

2. For the purpose of assessment and evaluation, the Competent Authorities of the Parties shall establish a recapitulative list of all subsidies and financing sources.

Artikel 13

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.

Artikel 14

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.

Artikel 15

1. The Competent Authorities agree to use their best efforts and the means available to strengthen cooperation with regard to film production, and to enhance the distribution and promotion of coproduced audiovisual works in their territories.

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.

3. The agreement between the coproducers shall provide for arrangements with regard to the revenues derived from international sales and distribution of audiovisual works coproduced within the scope of this Agreement.

4. The majority coproducer is primarily responsible for the presentation in film festivals of audiovisual works coproduced within the scope of this Agreement, unless otherwise agreed by the coproducers.

Artikel 16

1. The Annex to this Agreement forms an integral part of this Agreement and shall be read in conjunction with the provisions of this Agreement.

2. The Competent Authorities shall jointly decide on detailed arrangements, within the framework of this Agreement, to facilitate the implementation and application of this Agreement.

Artikel 17

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.

2. Any amendment of the Agreement shall be agreed between the Parties based on evaluation. Such amendment shall be done through an exchange of notes between the Parties through diplomatic channels and shall enter into force in accordance with the terms specified in Article 20.

Artikel 18

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.

Artikel 19

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.

Artikel 20

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.

2. Regarding the Kingdom of the Netherlands, this Agreement shall apply to the European part of the Netherlands.

Artikel 21

1. This Agreement is concluded for an indefinite period of time, unless terminated in accordance with paragraph 2 of this Article.

2. This Agreement may be terminated by either Party by giving six (6) months’ written notice in advance through diplomatic channels to the other Party of its intention to terminate it.

3. An audiovisual work made under this Agreement which is completed after the termination of this Agreement shall be treated as a coproduced audiovisual work and its coproducers will accordingly be entitled to all the benefits provided for in this Agreement.