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Switzerland

Audiovisual coproduction treaty between the government of Canada and the Swiss Federal Council

Dated November 3, 2023
Entered in effect August 1, 2024

Key points

Filing Deadline

Two months before the start of principal photography.

Eligible Work

A film, television, or video work (including a non-linear digital work) of any duration on any production support known or not yet known intended for exploitation.

Minimum Financial Contribution

Bipartite: 15%
Multipartite: 10%

Key Positions

Defined in Article 6, key positions shall be filled by one or more nationals from each of the coproducing States in reasonable proportion to the financial contributions of the producers.

One of those key positions may be filled by a non-party national.

In exceptional and duly justified cases, and upon mutual consent of the Parties through their respective administrative authorities, a second key position may be filled by a non-party national.

Participants

Every participant in a coproduction is a national from a coproducing State.

However, the participation of non-party nationals, for positions other than those identified in Article 6, may be allowed on the basis of the requirements of the coproduction and upon mutual consent of the Parties through their respective administrative authorities

Location and Technical Services

A coproduction shall be coproduced in the coproducing States.

The administrative authorities may, upon mutual consent, allow a work to be filmed in a non-party for storyline or creative purposes.

The administrative authorities may, upon mutual consent, allow technical services, including post-production, to be provided in one or more non-parties if the producers demonstrate that these services are unavailable in any of the coproducing States, and if the value of these services does not exceed 15% of the total production budget of the coproduction.

Proportionality: Financing, Expenditures, Rights, Revenues

The expenditures of a producer who is a national of the Parties committed in its own country and the expenditures associated with its creative and technical personnel (including key positions) committed in other countries and for which the producer is responsible shall in principle be proportional to the producer’s financial contribution.

The distribution of rights on the coproduction and revenues is, in principle, proportional to each producer’s financial contribution, and no less than the minimum financial contribution

Dubbing and Subtitling – Filming Language(s)

The original soundtrack of each coproduction shall be either in German, English, French, Italian or Romansch, or in the language of a third State, if applicable.

Dialogue in other languages may be included in the coproduction when the story requires.

Dubbing or subtitling in German, English, French, Italian or Romansch of each coproduction shall be performed in the coproducing States.

Distribution

Producers shall demonstrate the existence of a distribution or broadcasting commitment for the coproduction in Canada and in Switzerland and in any Third country (in the case of a multipartite coproduction).

Important

Following its entry into force on August 1st, 2024, the new Treaty repeals and replaces the Agreement on Film and Video Relations between the Government of Canada and the Swiss Federal Council, done at Berne, on October 22, 1987.

For a transition period of 6 months ending on February 1st, 2025
Producers whose project received a preliminary recommendation of coproduction status pursuant to the Agreement on Film and Video Relations between the Government of Canada and the Swiss Federal Council, may elect to continue receiving such benefits from the application of that Agreement, provided they inform both administrative authorities, in writing, before February 1st, 2025.

Resources

Treaty

Tools

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