Laws and Incentives

Created in 2001 by Provisional Measure 2228-1, ANCINE – Agência Nacional do Cinema is a regulatory agency responsible for promoting, regulating and supervising the cinema and audiovisual market in Brazil. It is a special autarchy, linked to the Ministry of Tourism, with headquarters and jurisdiction in the Federal District, and Head Office in Rio de Janeiro.

ANCINE is managed on a collegiate basis by a board approved by the Senate, composed of a CEO and three directors, and operates in all links in the sector's production chain, encouraging private investment so that more national and independent audiovisual products are available. seen by an increasing number of Brazilians.

According to the ANCINE Strategic Map 2020-2023, the Agency's mission is to promote a balanced regulatory environment and develop the Brazilian audiovisual sector for the benefit of society.

LOCALIZATION:

Headquarters Office – Brasília:

Adress: SAUS, Quadra 06, Bloco E, CEP. 7070-940 (Edifício Sede da ANATEL) 6º andar – Ala Sul.

Opening hours: Monday to Friday, from 9 am to 6 pm (face-to-face service with prior appointment).

Central Office – Rio de janeiro:

Adress: Avenida Graça Aranha, 35 – Centro – Rio de Janeiro – RJ – CEP. 20002-030.

Opening hours: Monday to Friday, from 9 am to 6 pm (face-to-face service with prior appointment).

According to Article 7 of MP 2228-1, ANCINE has the following powers:

I - implement the national film promotion policy, defined in the form of art. 3rd;

II - to inspect the compliance with the legislation referring to the national and foreign cinematographic and videophonographic activity in the different market segments, in the form of the regulation;

III - promote the fight against piracy of audiovisual works;

IV - apply fines and sanctions, in accordance with the law;

V - regulate, in accordance with the law, activities to promote and protect the national film and video phonographic industry, safeguarding the free expression of thought, creation, expression and information;

VI - to coordinate governmental actions and activities related to the cinematographic and videophonographic industry, subject to the competences of the Ministries of Culture and Communications;

VII - articulate with the competent bodies of the federated entities with a view to optimizing the achievement of their objectives;

VIII - manage programs and mechanisms to promote the national cinematographic and videophonographic industry;

IX - establish criteria for the application of funding and funding resources to the national cinematographic and videophonographic industry;

X - promote the participation of national cinematographic and videophonographic works in international festivals;

XI - approve and control the execution of co-production, production, distribution, exhibition and technical infrastructure projects to be carried out with public resources and tax incentives, subject to the powers of the Ministries of Culture and Communications;

XII - provide Brazilian Product Certificates to cinematographic and videophonographic works;

XIII - provide Certificates of Registration of production, co-production, distribution, licensing, assignment of rights to explore, broadcast and exhibit cinematographic and videophonographic works;

XIV - manage the information system for monitoring the activities of the cinematographic and videophonographic industry in its various means of production, distribution, exhibition and dissemination;

XV - to coordinate with bodies and entities aimed at promoting the production, programming and distribution of cinematographic and videophonographic works from Mercosur member states and other members of the international community;

XVI - provide technical and administrative support to the Superior Council of Cinema;

XVII - update, in line with technological developments, the definitions referred to in art. 1 of this Provisional Measure.

XVIII - regulate and supervise compliance with the principles of audiovisual communication with conditioned access, programming, packaging and advertising obligations and restrictions on the total and voting capital of producers and programmers established by the law that provides for audiovisual communication with conditioned access;

XIX - prepare and make public a work plan as an instrument for evaluating the administrative performance of the body and its performance, establishing the parameters for its administration, as well as the indicators that allow to objectively quantify its periodic evaluation, including in relation to resources applied to the promotion of audiovisual production; (Included by Law No. 12,485 of 2011)

XX - send an annual report of its activities to the Ministry of Culture and, through the Presidency of the Republic, to the National Congress; (Included by Law No. 12,485 of 2011)

XXI - make a commitment from the interested parties to adjust their conduct to the legal requirements within the scope of their competence, under the terms of § 6 of art. 5 of Law No. 7,347, of July 24, 1985. (Included by Law No. 12,485, of 2011)

XXII – promote interaction with film and audiovisual administrations of Mercosur member states and other members of the international community, with a view to achieving objectives of common interest; and (Wording provided by Law No. 12,599 of 2012)

XXIII - establish criteria and administrative procedures to guarantee the principle of reciprocity in Brazilian territory in relation to the conditions of production and exploitation of Brazilian audiovisual works in foreign territories. (Wording provided by Law No. 12,599 of 2012)

The Audiovisual Sectorial Fund (FSA) is a fund intended for the articulated development of the entire production chain of audiovisual activity in Brazil. Created by Law No. 11,437, of December 28, 2006, and regulated by Decree No. 6,299, of December 12, 2007, the FSA is a specific programming category of the National Culture Fund (FNC).

The FSA is a landmark in the public policy of promoting the cinematographic and audiovisual industry in the country, as it innovates in terms of forms of state stimulus and the scope of its action. This is because the FSA includes activities associated with the various segments of the sector's production chain – production, distribution/marketing, exhibition, and service infrastructure – through the use of different financial instruments, such as investments, financing and non-reimbursable support.

Among its main objectives, we highlight the increase in cooperation between the various economic agents, the expansion and diversification of the infrastructure of services and exhibition halls, the sustained growth of the market share of national content, and the development of new means of diffusion. of Brazilian audiovisual production.

The actions of the Audiovisual Sectorial Fund will observe the following guidelines and strategic objectives, approved by its Management Committee (Resolution No. 222, of 09/09/2021):

Guidelines:

I - Ensure the equalization of the budgetary and financial situation of the FSA.

II - Increase the financial return of the FSA.

III - Mitigate the risks of FSA investments.

IV - Promote the development of all links in the chain.

Strategic objectives:

I - Promote the presence of national production in all market segments and its access by Brazilian society;

II - Boost the economic growth of the Brazilian audiovisual sector;

III - Stimulate the international insertion of the Brazilian audiovisual sector;

IV - To promote the regionalization of the promotion of the Brazilian audiovisual sector;

V - Stimulate the qualification of audiovisual production