REGULATION ON CINEMA AND MUSIC ART SUBVENTION FUND
Resolution Number: 86/10898
Publication in Official Gazette: 4.9.1986/19211
Regulation on amending some of its articles and annexing an article and a paragraph to this regulation
Resolution Number: 87/11737
Publication in Official Gazette: 26.5.1987/19471
Objective-Scope, Organization of the Fund:
Objective and Scope:
The objective of this regulation is to show the principles and procedure about the use of the “Cinema and Music Art Subvention Fund”; which is established under the Ministry of Culture and Tourism with the aim of contributing the improvement of the cinema industry and music art, supporting the cinema and music workers and providing the introduction of the country, and about the collection of the revenue, expenditure to be made and giving credit.
The explanations of the phrases used in this regulation are as follows:
Ministry: Ministry of Culture and Tourism
Minister: Minister of Culture and Tourism
Fund: Cinema and Music Art Subvention Fund
Commission: Evaluation Commission
Organization of the Fund, Its Resources and Exception:
The revenues, received from the resources stated in the 10th article of law numbered 3257, shall be deposited to the “Cinema and Music Art Subvention Fund” account that shall be opened in the account of a State Bank determined by the Ministry, by related real or legal persons.
However, the board and the third persons shall not do a payment to the fund for the film, video, recorders, magnetic bands and similar works of art that shall be produced, imported or realized by co-production with native or foreign real and legal persons or by ordering, by the Turkish Radio and Television Company and/or the third persons in accordance with the Board publications.
Use of the Fund:
The distribution rate of the fund revenues and the first paragraph of article 4 have been amended.
“10% of the fund revenues that shall be collected in a state bank determined by the Ministry shall be used for non-profit aids, 40% for credits that shall be loaned by an intermediary bank, 10% for aids to be made for needy cinema and music artists, 30% for activities related with introduction of Turkey’s historic, cultural and natural wealth and 10% of them for receiving goods and service in order to carry out the duties given by the Law.”
The Minister is authorized to change these rates when necessary upon the proposal of Evaluation Commission.
Non-profit aid shall be made from the fund to the real and legal persons who produce or import the works of art that will realize the educative, instructive, culture spreading and transmitting, introductory functions-that introduce Turkey’s historic, cultural and natural wealth- of the cinema, video and music works of art.
Every year private specifications shall be prepared by the Ministry for these aids and they shall be declared to the public. The subject matter of the aid, number of works of art, quantity of the aid, principles of application, declaration date of the result and other matters shall be stated in the specification. The Ministry is entitled to make aids even if there is no application to the works of art appropriate to the specification.
Credits to be loaned from the Fund:
Sub paragraph (d) of Article 6 has been amended.
Credits with maximum 5 years-term can be given to the followings with the aim of inciting and supporting the producers who produce cinema, video and music works of art:
a) Projects of scenario and producing work of art,
b) Projects of studio, plateau and any kind of electronic and mechanic tools and materials to be used in these places of the real and legal persons who shall produce cinema, video and music works of art,
c) Projects that shall introduce our historic, cultural and tourism values inside and outside the country by mediums like film, video, record and audio cassettes,
d) Introduction projects on marketing the film, video and music works of art and projects of producing or importing raw film.
Necessary documents to receive a loan:
The persons, who want to realize the activities stated in article 6, are obliged to give the information and documents stated below to the Ministry with their projects.
a) Goals and objectives of the project,
b) Scenario of the work of art, if there is any,
c) Detailed cost account of the project, quantity of the requested credit and period of realization,
d) Lists of names of the places where the work of art shall be realized, artists who shall take part in the work of art and technical staff members and working program,
e) A short biography of the producer.
The followings shall be requested in the credits that shall be loaned to the persons who want to establish studio, plateau and laboratory;
a) Objective of the project,
b) Feasibility of the project and realization period,
c) Specialties of the tools and material to be bought and their pro forma invoice and cost report,
d) Quantity of the credit requested,
e) A short biography of the person demanding credit.
Cost and detailed information and document shall be requested from the projects that shall introduce our historic, cultural and tourism values inside and outside the country by mediums such as film, video, record, audiocassettes.
Aids to be made for needy cinema and music artists:
The role players, cameramen, directors, visual directors, scenarists, persons who make dubbing, composers, lyricists, arrangers, executors and artists playing a musical instrument in a film are obliged to have the conditions stated below:
a) To be from the Republic of Turkey citizenship or to have residence permit in Turkey,
b) To do artistry as a profession or to be well-known in the society by the works of art they have released
c) Not to be charged with disgraceful offences, offences committed against the State.
The needy artists can apply to the Ministry personally with the documents listed above besides a petition, however the related boards and establishments or other artists are also entitled to make an application on behalf of these persons. The evaluation commission is entitled to take aid decisions on one’s own account. The aids shall be realized by the commission after being evaluated in three-month period during the year. The commission can assemble at any time upon the invitation of the Chairman, without being restricted with three-month period. In cases of death and illness of the needy artists, the money aid determined by the commission shall be made from the fund without waiting for the period.
Introduction activities of Turkey’s historic, cultural and natural wealth:
It is necessary for the expenditures belonging to every kind of publication, production, film errors and these kinds of activities that shall be made by public institutions and establishments or real and legal persons with the aim of introducing Turkish history and culture and Turkey’s natural wealth inside and outside the country, to be met from the fund, projects to be prepared on this issue shall be given to the Ministry with the detailed feasibility reports. The necessary amount of expenditures of these projects that have been found appropriate at the end of the commission’s evaluation shall be met from the fund with the Minister’s approval.
Duties and Working Principles of the Evaluation Commission
The first and third paragraphs of article 10 have been amended.
The Evaluation Commission forms from the unit chairman responsible from the fund and two Ministry representatives, one film producer, one record producer and one artist that the Minister shall elect for 2 years period under the chairmanship of one under-secretary or one deputy under-secretary instructed by the Minister. The commission shall assemble with at least two third quorums and the decisions shall be taken with the two third quorum of the present. In case of equality of the votes, the Chairman’s party shall form the quorum.
“The Evaluation Commission shall assemble upon the invitation of the Chairman. The proposal of the Chairman can form sub commissions from commission and sub commission members with the approval of the Minister. The sub commissions shall be formed according to the characteristic of the subject matter and its resolutions shall be voted at the Evaluation commission. The secretarial work shall be carried out by the related Ministry unit. The duty of the related unit is to take the necessary measures for the commission studies to be carried out regularly and productively, prepare the agenda of the meetings, record the meeting minutes, provide the security of all information and documents of the meetings, carry out the transactions on fund accounts, invite the related bank representative to the meeting while the credit matter is being negotiated at times when necessary.”
The resolutions of the commission and sub commission come into force with the approval of the Minister.
Duties of the evaluation commission:
Sub-paragraph (a) of article 11 has been amended.
Duties of the evaluation commission are the followings:
a) To acknowledge the working program prepared by the related Ministry unit at the beginning of every year, to determine the rate of credit interests that shall be given by exceeding the bank credit limits and current interest rates,
b) To examine the applications belonging to the works of art that may be works of art which the non-profit aid shall be made and come to a resolution,
c) To examine the projects belonging to the credits to be given from the fund, determine the amount and period of the credit,
d) To examine the applications that shall be made for the aids to be made to the needy cinema and music artists, determine its amount,
To examine the given projects for the activities on introduction of Turkey’s history, culture and its natural wealth
To determine the amount of the payment for the execution of the appropriate activities.
The resolutions shall be stated in the meeting minute and the minutes shall be signed by the members present at the meeting.
Loaning credit by an intermediary state bank:
The term, pay back period, interest, bank commission and interest subvention of the credits to be loaned by the intervention of a State Bank, principles to be implemented in case of pay back or not paying back and opening time deposit shall be determined by a protocol, which shall be arranged between the Ministry and the bank.
A paragraph has been annexed to Article 13 official authorized to pass accounts.
The official authorized to pass accounts of the fund is the Minister. The Minister is entitled to transfer the authority to pass accounts to the under-secretary or deputy under-secretary in situations he finds necessary. The expenditure shall be made within a program appropriate to the objectives of the regulation.
The purchase of every kind of tools, material and service and expenditure related with these shall be determined according to the requirement, shall be approved by the Minister and shall be paid from the allowance saved from in the Fund.
The Revenue Expenditure Plan of the Fund:
The revenue and expenditure plan of the fund shall be prepared by the secretariat of the fund during December every year and it shall be presented to the inspection of the evaluation commission. The revenue-expenditure plan that has been acknowledged by the evaluation commission shall come into force by the approval of the Minister. The accounting year of the fund starts on the first day of January, ends on the last day of December.
The documents below shall be sent to the Prime Ministry High Control Board until the end of March following the fiscal year:
Detailed revenue statement
Detailed payment statement
Balance sheet and profit-loss statement
Expenditure documents on credits
The first account year of the fund starts on the date of the establishment of the fund and ends on the last day of that year’s December month.
This regulation comes into force on its publication date.
The Minister of Culture and Tourism carries out the provisions of this regulation.