Law Promoting the Film Industry

Key Laws

Law Promoting the Film Industry

The Film La w, besides promoting a strong f ilm indus - try will place the Dominican Republic in a position to co-produce, distribute and compete with other markets in the region, stimulate domestic and foreign investment in this line.
 
It will also develop training facilities for audiovisual creation and contribute to the conservation, preservation and dissemination of the heritage of moving images as generating means of its own collective imaginary and as an expression of our national identity.
 
FILM LAW
 
WHEREAS FIRST: Article 101 of the Constitution of the Dominican Republic provides that “all artistic and historical wealth of the country whoever the owner, will be part of the cultural heritage of the nation and is under the protection of the state” and that also the aforementioned constitutional text states that the law shall establish whatever is appropriate for the conservation and protection of this heritage;
 
SECOND CONSIDERING: That the 41-00 Act gives the Secretary of State for Culture legitimate capacity of execution and implementation of policies, plans, programs and projects of cultural development and liaison with public and private institutions both nationally and internationally;
 
WHEREAS THIRD: That the film and audiovisual activity is a cultural expression and identity generates social impact while cultural industry represents special economic characteristics;
 
CONSIDERING FOURTH: That it is imperative to stimulate the development, production, dissemination and preservation of Dominican films, including independent media, as a means for cultural diversity and as productive industrial activity and high economic potential;
 
WHEREAS FIFTH: without the right incentiv es and state support national film production is of high economic and technical complexity and faces deep structural barriers, affecting their competitiveness with other audiovisual products domestically and abroad;
 
CONSIDERING SIXTH: That the territory of the Dominican Republic is a privileged strategic position should be promoted as a setting for filming of domestic and foreign films, so that it contributes to the national economy and to boost foreign investment in the country.
 
VIEW: The Constitution of the Dominican Republic;
 
SEEN: La w No.11-92 of Ma y 16, 1992, whic h estab - lished the Tax Code;
 
SEEN: Law No.41-00 of 28 June 2000, which creates the Ministry of Culture;
 
SEEN: La w No. 318 of 14 J une 1968 on the Cultural Heritage of the Nation;
 
SEEN: Law No. 65-00 on Copyright, of 21 August 2000;
 
SEEN: Law No. 98-03, dated J une 17, 2003, whic h creates the Export and Investment Center of the Dominican Republic (CEI-RD);
 
HAS PASSED THE FOLLOWING LAW:
 
CHAPTER I DEFINITIONS
 
Article 1. Definitions. For the purposes of this law means: 1. Cinematographic Activity in the Dominican Republic. Conjunction of the concepts of national cinematography and film industry.
 
2. National Cinematography. Set of public and private actions that interrelate to bring forward the artistic and industrial development of audiovisual creation and production and national cinema and promote their development, production, dissemination, access by national and international community as well as conservation and preservation.
 
3. Cinematographic Co-production. Film work is carried out by two (2) or more producers. Production and co-production of films can be developed by natural or legal persons.
 
Cinematographic works co-produced with another country provided they meet the requirements of this article and those with Dominican participation in the manner provided for in international treaties in force for the country, are considered for purposes of this Act as a Dominican film work. The foregoing is without prejudice to be treated as nationals in the other co-producer country and without prejudice of nationality which must be presented at international festivals, according to agreements between the respective co-producers.
 
4. Distributor. Natural and legal person engaged in the marketing of rights to exhibit films in any media.
 
5. Merchandiser. Natural and legal person who is responsible for operating a movie theater, as owner, lessee, licensee or any other form that confers such a right.
 
6. Cinematographic Industry. Cultural industry that interrelates moments and production activities of goods and services in the audiovisual field of cinema, especially the creation, development, production, distribution and exhibition, and goods and services there interrelate, regardless of their nationality.
 
7. Dominican Feature Film Work. Which carried as a sin - gle production, or even a co-production with foreign participation, incorporate at least the following requirements: a) That the Dominican capital invested is not less than 20% of its budget.
 
b) Involving at least one Dominican producer.
 
c) It must have a minimum of Dominican artistic participation, as follows:
 
- The director of the cinematographic work, or - One (1) main actor, or - One (1) Supporting Actor and at least two (2) of the following persons: Director of Photography; artistic or Scenography Director; Author of the scenario or script; Author of music; Cartoonist, whether it is a live design; Editor and Sound Designer.
 
Stakeholder involvement is not required, if the type of genre of film work does not require it. d) It must have a minimum technical participation of Dominicans, at least four (4) of the following positions: Soundman, Cameraman; Assistant Camera; lighting; continuo; Mixer, Makeup Artist; costume designer; Air freshener; Cast coach.
 
e) Duration of seventy (70) minutes or more for theaters and other windows, or fifty-two (52) minutes at least if it is done for television.
 
For purposes of this law, the following terms are considered similar: “Dominican feature film”; “Dominican film”; “Dominican feature film work.”
 
8. Cinematographic Work Dominican Short Film. Which carried as a single production, or even a co-production with foreign participation, incorporate at least the following requirements: a) That the Dominican capital invested is not less than 20% of its budget.
 
b) Involve at least one Dominican producer.
 
c) It must have a minimum of Dominican artistic participation, as follows:
 
- The director of the cinematographic work, or One (1) main actor, or One (1) Supporting Actor and at least two (2) of the following people: director of Photography; artistic or scenography Director; Author of the scenario or script; author of music; cartoonist, whether it is a lively design; editor and sound designer.
 
Stakeholder involvement is not required, if the type of genre of film work does not require it.
 
d) It must have a minimum technical participation of Dominicans, at least four (4) of the following positions: soundman; cameraman; assistant camera; lighting; continuo; mixer, makeup artist; costume designer; air freshener; cast coach.
 
e) Maximum duration of twenty-five (25) minutes for cinema and other windows.
 
For purposes of this law the following terms are considered similar: “Dominican feature film”; “Dominican film”; “Dominican feature film work.”
 
9. Cinematographic Works. In line with the law of copyright, is all work relating to real or imaginary facts, expressed by a series of related images. This, which gives the sensation of movement, with or without sound, intended essentially to be shown across devices appropriate or any other means of projection or communication of image and sound, regardless of the nature or characteristics of the support material that contains technology that allows the attachment of images or sounds and the means used to reproduction or communication.
 
They are regarded as new works for film, video, DVD, compact disc, or any other physical support, by digital, analog or any other invented in the future for the same purpose.
 
The film work includes the above items and material support that allows attachment.
 
For purposes of this law, the terms “cinematographic work”, “cinematograph film”, “film” or “movie film” are analogous.
 
10. Foreign Film. Which is not eligible to be considered as a Dominican cinematographic work.
 
First paragraph. The terms used in this law are understood in their expressed sense or, alternatively, in the sense film set in treaties in force for the country, or international understanding of common acceptance.
 
Second paragraph. It is understood as medium film, which gathering equal conditions of participation artistic, technical and economic to those provided in the case of feature film and short film has an intermediate duration between one another.
 
11. Production only. Film work is carried out by a single producer.
 
12. Unitholders, agents or sectors of the film industry. Producers, distributors, exhibitors or any other natural or legal person performing similar actions, or creative, artistic, authorial processes, technical, or correlated directly with this cultural industry.
 
13. Producer. Under the terms of the Law on Copyright is the natural or legal person who assumes the financial and organizational responsibility for the implementation of the cinematographic work.
 
14. Cinema room. Local open to the public, equipped with a projection screen that by paying a price or any other form of negotiation, confer the right to admission to the screening of films in any medium. This concept is analogous to “screen” or “showroom”.
 
CHAPTER II OBJECTIVE AND GENERAL PURPOSE OF THE LAW
 
Article 2. Purpose. This law aims to promote a progressive, harmonious and equitable development of national cinematography and generally promote the film industry in the Dominican Republic.
 
Article 3. Character of the film industry. For its direct associated character to the cultural heritage of the nation, to the formation of collective identity and economic interests and social goals of the state, the film industry is of public and social interest.
 
Article 4. General Purpose. The general purpose of the State in the field of film industry in the Dominican Republic are:
 
1. To promote a sustained and dynamic growth of the film industry and the film industry in the country.
 
2. Make any specific means of production among members return sectors of film and audiovisual industry to their common activity, stimulate domestic and foreign investment in the productive sector of goods and services in the cultural industry and facilitate film management.
 
3. To contribute by all means at the disposal of industrial and artistic development of national cinematography, cultural protection of the nation and cultural diversity through national cinematography, as well as conservation, preservation and dissemination of national film and generating own imagination and collective memory and as a means of expression of national identity in the country and in the international arena.
 
4. Promote the national territory and installed or to be installed cinematographic services, in order to attract the filming and production of domestic and foreign films and, in general, the production of audiovisual works in the country.
 
5. Develop training facilities for audiovisual creation, as well as reading and understanding of audiovisual content and concepts, under the objective of promoting critical and creative approach facing this kind of cultural contents and their relationships with social life.
 
Article 5. Compliance with General Purpose. The general purpose of the State in the field of film industry in the Dominican Republic are met by all national authorities concerned and in particular through the Secretaries of State in the cultural, educational, technological and economic, as well as the authorities competent territorial. Article 6. Instruments of public action. To achieve the aims and objectives set out in Article 4, the state must develop by this law and by regulations and relevant policies and measures the following instruments:
 
1. Articulation and restructuring of public administration entities related to the film industry, and establishment of the bodies necessary for the purpose of strengthening such activity.
 
2. Channeling funds generated by existing taxes on goods and film services, to the same sector as established in this law.
 
3. Setting tax incentive arrangements for the film industry in the Dominican Republic and to national and foreign investment in it.
 
4. Facilitation of procedures in customs and administrative field, and setting a special tariff regime for the processes of national film production and foreign films in the Dominican territory.
 
5. Facilitating and encouraging the import of raw materials, capital, equipment, procurement of services related to the film industry and installation in the country of companies and technical services with cinematographic activity.
 
6. Support for the establishment of a Film Commission to actively work in facilitating the processes interrelated in audiovisual production in the Dominican territory.
 
7. Promotion of means to allow the film industry to access the credit system and incentives for businesses and industries.
 
8. Promotion of educational and training plans consistent with the purposes of this law.
 
9. Establishment of a National Information System and Film Registry.
 
CHAPTER III FILM PROMOTION FUND
 
Article 7. Creation. Creation of Film Promotion Fund (FONPROCINE), administered by the Ministry of Culture through the National F ilm (DINAC).
 
Article 8. Resources FONPROCINE: The Motion Picture Promotion Fund has the f ollowing resources:
 
1. The amount of national taxes on the ticket booth or entrance fees to pay showroom exhibitors and be collected by the appropriate entities.
 
All revenue raised by this tax type is appropriate in each annual term and intended to FONPROCINE.
 
2. 100% of the revenue from the tax on the Transfer of Industrialized Goods and Services (ITBIS) on sales and movie rental establishments engaged in this business, or any other tax replacing it.
 
3. 100% of the revenue from the tax on the Transfer of Industrialized Goods and Services (ITBIS) for product sales within cinemas, or any other tax replacing it.
 
4. Resources from operations, financial performance, sale or liquidation of investments and other resources generated, capitalized or reserved by the FONPROCINE. 5. Donations, national or international transfers and contributions received in cash.
 
6. The sanctions imposed under this law.
 
7. Resources for the registration of rights and Dominican Registration Information System Cinematographic (SIRECINE) in accordance with this Law.
 
8. Any other resource that is allocated from the state budget.
 
Paragraph One: The bodies of control and supervision of the State shall exercise control and supervision over the management of resources FONPROCINE. Article 9. Destination FONPROCINE. FONPROCINE resources are used for the following purposes:
 
1. To promote, encourage and develop educational plans and training programs in film and other areas related to law aspects.
 
2. Creation, development, production, promotion and dissemination of national cinematography and educational activities.
 
Similarly, you can set the obligation to repay the incentives granted against the success achieved at the box office, recovered after the entire Dominican respective budget invested in the film; these sums in his case revert to FONPROCINE.
 
3. Conservation and preservation of the Dominican film and audiovisual memory, and that universal of particular cultural value, including the procurement of goods and supplies needed for adequate funding and action for conservation and preservation through specialized bodies or organs.
 
4. Loans to lower interest rates and preferential conditions through financial institutions, bound for the creation and production of national films, installation or provision of infrastructure cinemas and film exhibition, or establishment in the country film processing laboratories, studios and other infrastructure related to the film industry.
 
5. Support for the system of guarantees required for the production of Dominican films in credit institutions. 6. Research in the field of film activity, so that it can contribute to the establishment of national policies in the field, and incentives for training in different areas of filmmaking.
 
7. Actions against the violation of the copyright in the marketing, distribution and exhibition of films. 8. Conformation of Dominican Information System and Film Registry (SIRECINE).
 
Article 10. Limit the Spurs of FONPROCINE. No Dominican cinematographic work can receive stimuli from FONPROCINE which together exceed 70% of the Dominican budget in the film, according to budget limits that generally and modifiable form, set the Intersectoral Council for the Promotion of Cinematographic Activity in the Dominican Republic and without prejudice to the additional costs that the producer freely assume.
 
Article 11. Exceptions to FONPROCINE Resources. FONPROCINE’s resources not allocated in any case to soap operas unless a film version intended to be shown in movie theaters, or be used for the administrator or bodies related to its management act as co-producers of films is performed.
 
Paragraph: Excluded from the application of this Article, soap operas involving a version previously exhibited in movie theaters.
 
Article 12. Use, assignment and management of resources FONPROCINE. The direction of FONPROCINE regarding decisions on the use, allocation and management of resources is in charge of the Intersectoral Council for the Promotion of Cinematographic Activity (CIPAC) in the Dominican Republic, whose composition and functions established in this law.
 
CHAPTER IV REGIME ENCOURAGING CINEMATOGRAPHIC ACTIVITY IN THE DOMINICAN REPUBLIC
 
Article 13. Tax Incentive for Investment in the National Cinematography. Legal entities that invest in cash on film projects of Dominican films previously approved by the National Film Office (DINAC) shall be entitled to deduct or calculate one hundred percent (100%) of the actual value invested for purposes of calculating the income tax charge for the taxable period in which the investment is made.
 
Paragraph: In the case of donations received, they will be deductible up to five percent (5%) of net taxable income for the year, in accordance with the provisions of the Dominican Tax Code.
 
First paragraph. To exercise the provisions of this article the National Film must issue a Certificate of Cinematographic Investment, in the case of investments in projects, which will be negotiable securities to the public order in the market.
 
Second paragraph. If donations to FONPROCINE Certificates of Cinematographic Donation should be issued by the Secretary of State for Culture.
 
Paragraph Three: Under no circumstances should support or resources granted by FONPROCINE be considered as investment incentives to the respective project. Article 14. Tax Incentive for Reinvestment in the film industry. For a period of ten (10) years from the effective date of this law, the income of producers, distributors of Dominican films in the country or abroad, and exhibitors, which is capitalized or book to develop new products or investments in the film industry, will be exempt up to 50% of the value of income tax.
 
Article 15. Incentives Establishment of new cinemas. It is declared of special interest to the State establishing cinemas throughout the country.
 
Article 16. Exonerations in Construction of Theater. Natural or legal persons who invest capital in the construction of cinemas in the country indicated in this article, are exempt hundred percent (100%) of income tax over a period of fifteen (15) years for the concept of the revenue generated by the respective rooms. Article 17. Exemptions of Areas. Just as in the previous article are exonerated in the following areas:
 
1. National and municipal taxes collected for issuing building permits, including acts of buying property for a period of five (5) years from the effective date of this law. 2. Import duties and other taxes, such as taxes, fees, surcharges, including the Tax on the Transfer of Industrialized Goods and Services (ITBIS), applicable on equipment, materials and furniture that are necessary for the first equipment and operation of the theater that were, in a period of five (5) years from the effective date of this law.
 
Paragraph: The Executive Power regulates this incentive; it is not compatible with the provisions of Article 18. Article 18. Reinstatement of ITBIS. The VAT paid by foreigners who enter the country covered by the single permit for filming in Dominican territory in accordance with the provisions of this law, are entitled to a refund of one hundred percent (100%) of the VAT paid on the acquisition of goods and services in the country, after accreditation of the national Film (DINAC) the costs incurred in the process.
 
Article 19. Tax exemption. They are exempt from income tax the income from natural or legal persons domiciled in the Dominican Republic to provide technical services for filming in the preceding article refers to. Article 20. Incentive to the establishment of film or recording studios. Natural or legal persons established film studios and recording of films in the country enjoy an exemption of one hundred percent (100%) from payment of tax on income earned on his holding for a period of fifteen (15) years from the effective date of this law. Paragraph: For a period of five (5) years from the effective date of this law may be imported duty free capital goods required for purposes of the provisions of this article. Article 21. National Customs to Import Feature Films Rights. Media materials and copies of Dominican films that are imported into the country must pay taxes, duties or customs duties, exclusively on the appraised value of the respective support material. The foregoing notwithstanding that they may be sheltered by any other applicable rules including payment of such rights.
 
Article 22. Temporary Importation of equipment and goods. With the national single permit to film issued by the National Film Office (DINAC) can temporarily imported into the country for a term of six (6) months, extendable to another therefore, and in accordance with the requirements in the field, teams and consumables or otherwise, necessary for filming, provided that all imported goods are re-exported thus at the end of the term. Article 23. Streamlining Procedures. The customs authorities should give urgent nature to imports required for the filming of movies that only have the national permission to shoot.
 
CHAPTER V INTERSECTORAL COUNCIL FOR THE PROMOTION OF CINEMATOGRAPHIC ACTIVITY IN THE DOMINICAN REPUBLIC
 
Article 24.Creation of the Council. The Multisectoral Council for the Promotion of Cinematographic Activity in the Dominican Republic (CIPAC), which functions as the highest organ of the National Film (DINAC) is created.
 
Article 25. The CIPAC is composed as follows: 1. The Secretary of State for Culture or his delegate of the Secretariat of State, who will preside. 2. The Executive Director of the Export and Investment Center (CEI-RD).
 
3. The Director of National F ilm -DINAC-
 
4. The Director General of PROINDUSTRIA.
 
5. Five (5) representatives with extensive experience in the Dominican cinematographic or audiovisual sector, appointed by the executive branch, which will be people representing the following sectors: producers, exhibitors, distributors, directors and film technicians. First Paragraph: The members of CIPAC established in paragraph 5 shall serve without remuneration for a period of two (2) years, non-renewable for the same position.
 
Second paragraph: Members of CIPAC personally or related corporate entities cannot access privately to any stimuli or support from FONPROCINE.
 
Article 26. Duties of the CIPAC. CIPAC performs the following functions:
 
1. Direct the FONPROCINE and allocate their resources as provided in this law.
 
2. Establish the budget of income and expenses for each annual FONPROCINE force and decide on its adaptation.
 
3. Establish, within two (2) months of each year by an act of a general nature, activities, percentages, amounts, limits, patterns, lines of expenditures for each year within the parameters established in this law and other requirements and necessary to grant incentives with FONPROCINE resources in the f ollowing y ear.
 
4. Decide on the lines of annual charges, and set priorities according to the reality of the domestic film market.
 
5. To serve as a consultative and advisory body of the Ministry of Culture in matters pertaining to the determination of the Film Policy in the Dominican Republic. Article 27. Recruitment of expert committees. CIPAC can hire the services of expert committees for the selection and evaluation of projects that aim at obtaining FONPROCINE stimuli.
 
Article 28. Technical Secretariat and Logistics CIPAC. The Technical Secretariat and Logistics of CIPAC is in c harge of the National F ilm (DINAC).
 
CHAPTER VI THE NATIONAL FILM (DINAC)
 
Article 29. Functions of DINAC. DINAC has the following functions:
 
1. To promote cultural, artistic, industrial and commercial development of national cinematography and its conservation, preservation and dissemination.
 
2. To promote and ensure conditions of participation and competitiveness for Dominican cinematographic work, and adopt, if necessary intervention measures to ensure equitable participation of national cinematography and their producers in the income the movies report.
 
3. Provide boosts and incentives and supports as appropriations to be included in the national budget of income and expenses.
 
4. Sort the movie theaters, if necessary, by physical characteristics, prices and kind of films that exhibit. This classification should take into account factors relating to the type and quality of the projection, physical characteristics, prices and kind of films that exhibit. It is obliged to publicly announce exhibitor’s classification of the room and keep the assigned classification, unless changed under the conditions of such.
 
5. Ensure compliance with the constitutional, legal and regulatory provisions relating to film activity as well as proper operation and film service stations. 6. Maintain proper monitoring of FONPROCINE resources for the fulfillment of film policies.
 
7. Impose sanctions and fines to agents in the film activity according to the parameters defined in this law. 8. Issue, when required, the only national permission to shoot in any public place or the State throughout the national territory.
 
9. All state bodies at national and regional levels coordinate directly with the DINAC issuing the permit referred to in this paragraph, carried out in privately owned places which is not required when filming.
 
10. To promote filmmaking in the country and foreign exchange earnings for this item.
 
11. Coordinate with the SIRECINE, obtaining the necessary information on technical, artistic, and other professionals required in the process of film production and timely supply those who need this service.
 
12. Promote the creation of an adequate infrastructure for filming and technical processes in the country.
 
13. To provide legal, administrative, technical and financial advice, to producers of foreign films that require it.
 
SECTION I INFORMATION SYSTEM AND THE DOMINICAN FILM REGISTRY
 
Article 30. Registration Information System and Dominican Cinematography. Information System and Registry of Dominican F ilm, SIRECINE is established. Paragraph: SIRECINE is in charge of the National Film (DINAC).
 
Article 31. SIRECINE objectives. SIRECINE objectives are:
 
a) Maintain records and inf ormation on the agents or participants sectors of the film industry in the Dominican Republic;
 
b) Keep records on the marketing of works in different media or devices;
 
c) To keep a permanent record of attendance levels at movie theaters.
 
Article 32. Obligation to supply information. It is the obligation of the participating agents of the film industry to provide the information required for the purposes of the establishment and maintenance of SIRECINE. Paragraph: The information referred to in this article is confidential and may be considered only in relation to the general tasks of the rules on the matter.
 
Article 33. Registration of Motion Picture theaters . No room or site of public display of films ought to be opened and operated on national territory without prior registration with the DINAC works.
 
Paragraph I: Registration of exhibition rooms or sites, which this article refers to, must occur after the processing of permits and licenses required to the other competent public bodies.
 
Paragraph II: The records referred to in the present article, made prior to this law are valid. Article 34. Registration of Closures of theaters. It is the duty of the exhibitors and theater owners of film showings, to register closing of rooms.
 
Article 35. The producers, distributors, cinema operators and public authorities must provide DINAC, the latter dependency information required in connection with the marketing of films in the country, especially on the budgets of works, instead of deposit negative, access to benefits of any embodied nature rules in force in this law, assistance showrooms, number of domestic and foreign titles exhibited in the year and periods of exhibition of films for cinema.
 
Article 36. Rates by agents of the film industry for the items under this chapter may be established, taking into account the administrative costs required for the maintenance of SIRECINE.
 
Article 37. Minimum percentages displa y national titles. Sometimes, if the conditions of national cinematography so warrant, DINAC should lay down rules on minimum percentages of display national titles in theaters or any other means of exhibition or marketing of films, including open national television.
 
Paragraph One: This type of measure will be adopted only if necessary, within two (2) months of each year and in close consultation with the conditions of the national filmmaking, taking into consideration also the exhibition infrastructure existing in the country and averages or attendance figures in a way that is not carried to a point loss, and will govern for the next year when they are set.
 
Second paragraph: For the issuance of these mea - sures, agents or sectors of the film industry, especially producers, distributors and exhibitors, without force of concept.
 
Third paragraph: These measures may be differential, according to the territorial coverage of theaters, their classification, and potential levels of viewing public in municipalities with display infrastructure.
 
CHAPTER VII CONSERVATION AND DISSEMINATION OF NATIONAL CINEMATOGRAPHY
 
Article 38. Producer Obligation on All National Cinematographic Works. It is the obligation of the producer of any national cinematographic work that receives stimuli from FONPROCINE without prejudice to any other requirements determined by the CIPAC for the allocation of such stimuli, to transfer and deliver an original and unused copy to the Dominican Cinematheque. Such copy will be preserved as cultural heritage of the nation, and may be reproduced solely for conservation.
 
First Paragraph: With the reception of stimuli, the respective producer must be authorized according to the agreement that is designed to the effect that once past the term of eighteen (18) months from the first public showing of the film in theaters in the territory national, it can be displayed and generally communicated to the public by the State through the National Film (DINAC) or any entity replacing it up for the term of one (1) week. Similarly must authorize the cultural projection and dissemination of the work in festivals samples or national or international character in the country involved.
 
Paragraph Two: The supply of the material referred to in this article to replace or download any other legal obligation of filing or delivery of copies to the State for any other purpose.
 
Article 39. Audiovisual Training. With the aim of developing a critical and creative front of audiovisual content and skills for audiovisual creation, in the second cycle of the baseline and in cycles average reading it will be included in the curriculum with sufficient space for training methods and audiovisual creation in reading and understanding of audiovisual content and concepts.
 
CHAPTER VIII SANCTIONING REGIME
 
Article 40. Sanctions. The Ministry of Culture through the DINAC may impose, as applicable, the following sanctions:
 
1. Oral Reprimand.
 
2. Written warning.
 
3. Access Impediment to FONPROCINE funds .
 
4. Temporary closure of film projection rooms.
 
5. Fine between 50 and 150 minimum wages as applicable.
 
Article 41. Application of Sanctions. Administrative that Article 40 refers to sanctions are applied: 1. Violation of Article 29 Paragraph 8 and Article 37; 2. By no timely delivery of information required by the National Film Office (DINAC) producers, distributors or exhibitors. 3. For the pursuit of exhibition without prior registration. 4. Any other serious misconduct DINAC considers. Article 42. Competent Jurisdiction. The answers arising from the implementation and enforcement of the sanctions established by this law are known in accordance with the administrative litigation procedure.
 
Article 43. Sanctioning Procedure. The Sanctioning procedure, as appropriate, which this article refers to, must be established in the regulations under this Law. Article 44. Civil or criminal liability. Administrative sanctions that Article 40 refers to are applied without prejudice to civil or criminal liability arising from the actions taken.
 
CHAPTER IX FINAL PROVISIONS
 
Article 45. Regulations. The Executive Branch should dictate a period not less than ninety (90) days from the enactment of this Act, the relevant Regulation and the rules of operation of the Intersectoral Council for the Promotion of Cinematographic Activity (CIPAC).
 
Article 46. Validity. This law is effective from the date of its enactment and repeals any legislation contrary.