2010 Government Information Office Directions for Funding Flagship and Strategic Motion Pictures Produced Domestically
Promulgated by the Government Information Office in
Decree Xin Ying IV No. 0990520229Z on February 26, 2010
Article 1 Goal
These Directions have been specially formulated by the Government Information Office (hereinafter referred to as “the GIO”) to encourage the production of domestically produced motion pictures of both cultural/artistic and commercial value.
Article 2 Application period
The application procedure via which to receive funding this year for flagship and strategic motion pictures produced domestically (hereinafter referred to as “funded films”) shall be carried out in two phases:
1. First phase: March 1-31, 2010
2. Second phase: September 1-30, 2010
Article 3 Ratio and amount of funding
The amount of funding for each successful application shall not exceed 30 percent of the estimated total production costs for the specified film. The GIO may also assist applicants with loan financing or investment from the National Development Fund.
Article 4 Qualifications
Applicants shall be a motion picture production enterprise registered in accordance with Republic of China (ROC) law. For films that are co-produced by ROC motion picture production enterprises, the enterprises involved shall submit a joint application.
Applications made by motion picture production enterprises that had received funding in previous years, but whose funding qualifications had been nullified by the GIO, will not be accepted if the nullification is still in force.
An applicant’s net assets shall not have been negative, nor shall it have a record of non-sufficient funds, within the past year.
Article 5 Requirements
To qualify for funding, a film shall:
1. Abide by the conditions by which a “domestically produced motion picture” is defined in Article 1 of the Criteria Differentiating Domestically Produced Motion Pictures, Domestic Motion Pictures and Foreign Motion Pictures
2. Have estimated total production costs in excess of NT$100 million for flagship films and in excess of NT$60 million for strategic films
3. Have over half of its directors in possession of an ROC national identification card
4. Require the director(s) of the film to be funded to have previously completed the filming and production of strategically targeted, domestically produced funded films; feature-length and short films that have received support from the Guidance Fund; and films funded in accordance with the 2008, 2009 and 2010 GIO Directions for Subsidizing the Marketing, Screening and Production of Domestically Produced Motion Pictures and Awards for Box-office Success. These films must also have obtained a screening license. However, the above conditions shall not apply if the film to be funded is the same one that has obtained funding as per the above Directions.
5. Not be filmed entirely overseas
6. Have a “general audience (G),” “parental guidance suggested (PG)” or “parents strongly cautioned (PG-12)” rating
7. Be at least 75 minutes in length and principally in an officially recognized language
8. Have a film gauge that meets one of the following specifications:
a. Filmed in 35 mm format or Super 16 mm format or higher; duplicates are to be in 35 mm format
b. Where digital camcorders are used for filming, duplicates shall be produced in 35 mm format or made into digital cinema files for screening
9. Have some post-production work for the film carried out domestically, with all duplicates for use in domestic screening being developed and printed domestically
10. Not have obtained a screening license prior to the GIO’s promulgation of the list of films that are to receive first-phase funding if the film plan is submitted during the first phase. Those films for which an application is made and a film plan submitted during the second phase shall not have obtained a screening license prior to the GIO’s promulgation of the list of films that are to receive second-phase funding.
11. Not have received any other production funding from the GIO with the identical or similar storyboard or script. However, this shall not apply to films that have obtained funding in conjunction with the 2008, 2009 and 2010 GIO Directions for Subsidizing the Marketing, Screening and Production of Domestically Produced Motion Pictures and Awards for Box-office Success
12. Not have received production funding or investment from foundations supported by the GIO
13. Not have received funding equal to or greater than 50 percent of the film’s total production costs from government agencies or foundations that received start-up capital from the government
Article 6 Application form and film plan
To apply for funding, applicants shall submit 15 copies each of a completed application form and a film plan to the GIO.
The film plan shall be completed in line with the requirements listed below. Where no relevant information is available for a particular item, this should be indicated by the words “No information available.” In all other cases, the following documentation shall be attached to the film plan in the following order:
1. A description of the current operations and track record (including awards, domestic box-office sales, revenues from overseas copyright sales and peripheral products for past films) of the applicant and, where applicable, of its foreign joint venture partner(s). Documents to be attached:
a. A photocopy of the applicant’s motion picture production enterprise license and company registration
b. A photocopy of the applicant’s balance sheet and profit and loss statement for each of the past three years (enterprises that have been in operation for less than three years shall provide documents for the period since the enterprise’s establishment)
c. Certification issued by clearing institutions or banks within one month prior to the application deadline certifying that the applicant(s) have not had non-sufficient funds within the past year
d. Where applicable, a photocopy of the joint venture agreement between the applicant and foreign joint venture partner(s). Partners shall abide by the regulations stipulated in Article 14.
2. A production plan covering the following items, with documentation as required under Item d:
a. Film details: Title, type, estimated length, objective or purpose of production, format, planned filming location(s) and preliminary production schedule; where filming has started prior to an application being made, progress on the film shall be communicated in the film plan
b. Production team [introduction to and work history of the producer(s), director(s), screenwriter(s), main actor(s) and creative and technical team members, as well as documentation of the awards won by and nationalities of the director(s) and main actor(s)]
c. A breakdown of estimated total production costs
d. Documentation:
(1) A photocopy of authorization from the screenwriter
(2) In the case of a screenplay adaptation, a copy of the original work and a written authorization from the copyright holder
(3) A photocopy of hiring contracts or agreements for production team members
(4) A photocopy of the ROC national identification card of directors meeting the terms of Subparagraph 3 of Article 5
(5) Documentation for director(s) meeting the terms of Subparagraph 4 of Article 5
(6) A photocopy of the ROC national identification card of main actors (leading and supporting actors) having ROC citizenship
3. A marketing plan covering the following items, with documentation as required under Item h:
a. Market positioning strategy, market analysis and target audience analysis
b. Distribution strategy, marketing plan and alliance(s) with other businesses
c. Details of the track record of the domestic distributor(s), preliminary screening schedule, marketing strategy and approach, estimated box-office sales and estimated revenues from copyright sales
d. Promotion strategy and approach for the international market, track record of the international distributor(s), plan for participating in international film festivals and estimated revenues from overseas copyright sales
e. A breakdown of estimated marketing and promotion costs
f. A breakdown of the film’s copyright transactions
g. Schedule for, and amount of, estimated returns
h. Documentation:
(1) A photocopy of the contract or agreement signed with the domestic distributor(s)
(2) A photocopy of the contract or agreement signed with the international distributor(s)
(3) Photocopies of contracts or agreements signed with domestic screening establishments
(4) Photocopies of contracts or agreements concerning film copyright sales
4. Fundraising plan for the film (including source(s) of funds, amount to be raised, proportion to be raised from each source and fundraising schedule), financial statement, financial risk management plan and photocopies of fundraising contracts
5. If the film’s director has received one or more of the following awards, photocopies of certifying documentation shall be attached:
a. First prize, second prize, jury prize or best director award for films competing in Class A or B film festivals as defined in the GIO’s Enforcement Directions Governing the Provision of Incentives and Guidance to the Motion Picture Industry and Industry Professionals Participating in International Film Festivals
b. First prize or best director award for films competing in Class C or D film festivals as defined in the Enforcement Directions Governing the Provision of Incentives and Guidance to the Motion Picture Industry and Industry Professionals Participating in International Film Festivals
6. Evaluation of the benefits the film will bring to, and a plan of the film’s contributions to, Taiwan’s film industry
7. The film script (including script synopsis and introduction to characters)
8. Other documents specified by the GIO
For film plans that do not conform to the terms of Article 5, or for application forms and film plans that are incomplete or that do not have the required documentation attached, the GIO may request that the applicant remedy this within a fixed period of time. Applications that have not been remedied within the specified time frame will not be considered by the GIO.
Article 7 Review panel and agenda
1. The review panel shall consist of 9 to 11 members, of whom some shall be GIO representatives and others will be academics and experts specializing in the film and television industries as well as finance. A GIO representative shall chair the panel. The approval or rejection of funding applications (hereinafter referred to as “applications”) and the amount of funding to be provided shall be decided on in a meeting. The panel shall hold meetings only when at least three-quarters of the panel members are present.
2. Review panel members shall adhere to the principles of impartiality and recusal. Prior to reviewing an application, panel members shall sign a statement declaring that they have no connection with the application to be reviewed and agreeing to keep all matters discussed confidential. The GIO may remove members from the panel if they act in violation of this statement. If it is proved that a panel member is connected to a funding application in any way, the GIO shall nullify the applicant’s funding qualifications.
3. Recommendations as to whether an application shall receive funding and how much funding it should receive shall have the approval of at least two-thirds of the review panel members. The recommendations must be approved by the GIO.
4. Recommendations for changes to be made on matters approved under the preceding subparagraph and matters that require the approval of the review panel as stipulated in Paragraph 2 of Article 12, Subparagraph 3 of Article 14, and Item b of Subparagraphs 1 and 2 in Paragraph 2 of Article 15 must have the approval of more than half of the review panel members. The relevant clause of Subparagraph 1 of this Article shall not apply.
5. Recommendations mentioned in the preceding subparagraph shall be approved by the GIO.
6. Panel members will not receive remuneration for services. However, review fees, attendee stipends and transportation fees may be granted in accordance with regulations.
Article 8 Contract with the GIO
A motion picture production enterprise that receives funding (hereinafter referred to as the “funding recipient”) shall sign a production contract with the GIO for the funded motion picture (hereinafter referred to as the “production contract”) within 12 months of the day the funding is approved. If this deadline is not met, the GIO shall revoke the funding approval it had previously granted the recipient. Details concerning the production contract shall be defined by the GIO separately from these Directions.
Article 9 Trust agreement
Funding recipients shall, within two months of signing a film production contract with the GIO, commission a trust facility to manage the awarded funding. The trust agreement shall be submitted to the GIO for approval prior to its signing. The signing of the trust agreement shall take place within one month of the agreement’s being approved by the GIO.
Article 10 Trust management
1. After a trust agreement has been signed, funding recipients shall apply to have the awarded funds released by the GIO by presenting a receipt detailing the amount of funding to be received, as well as documents certifying that trust management and verification fees have been paid. The GIO will release the funding to the trust facility in installments so that it may be transferred to the funding recipient in accordance with the trust agreement.
2. The conditions and procedure for paying out funds via the trust facility shall be in accordance with the trust agreement. Funding recipients shall apply for funding to be paid in installments and, when applying for each installment, shall provide the relevant documents as stipulated by the trust agreement. Installments may be paid only after the relevant documents have been verified by the trust facility, and may only be applied for once receipts accounting for the amount of funding paid in the previous installment have been presented and verified as valid expenditures. When applying for the release of an installment by the trust facility, funding recipients shall submit original receipts indicating the end to which expenses incurred were put. For expenses incurred abroad, photocopies of receipts (certified by an accountant in the country concerned and verified by Taiwan’s embassy or representative office in said country) may be submitted. Receipts from overseas shall be translated into Chinese and amounts converted into New Taiwan dollars.
3. The second-to-last installment of funding shall account for 30 percent of the total funding approved in the production contract; the dollar total of this installment, however, shall be adjusted according to the actual amount of funding to be granted as calculated in the settlement of accounts and approved by the GIO. This second-to-last installment shall be paid out in accordance with Article 12, which concerns the review and approval of funded films that are produced, and said payment shall be approved by the GIO.
4. The final installment shall account for 20 percent of the total funding approved in the production contract. The dollar total of this installment, however, shall be adjusted according to the actual amount of funding to be granted as calculated in the settlement of accounts and approved by the GIO. The final installment shall be paid out in accordance with Article 15, which concerns the completion of and settlement of accounts for film funding cases, and said payment shall be approved by the GIO.
5. Trust management fees are to be paid by the funding recipient.
6. The trust facility shall hire professionals (subject to prior approval by the GIO) to monitor the production progress of the funded film, inspect receipts for production costs and review applications for the release of funding installments. The funding recipient is responsible for all expenses incurred.
7. Management and verification fees mentioned in the preceding two subparagraphs may be included as production costs. Receipts for such fees concerning different installments shall be presented for verification and cancellation.
8. Any interest paid into the trust account shall be remitted to the GIO.
9. The trust facility shall submit statements of the funded film’s revenues and expenditures to the GIO at regular intervals.
Article 11 Production deadlines
The production of funded films shall be completed within 30 months of the day the production contract is signed. For animations, the allotted period shall be 36 months. Films must also have obtained screening licenses within this period.
Funding recipients who are unable to complete the funded film and obtain a screening license in the said period of time shall apply for an extension by submitting a written explanation one month prior to the production deadline. Though no limit will be applied to the number of extensions permitted, the total accumulated length of time allocated in the extensions shall not exceed six months.
Funding recipients who are unable to complete the film and obtain a screening license due to force majeure and causes beyond funding recipients’ reasonable control will not be subject to the constraints on the extension period stipulated in the preceding paragraph.
Force majeure as referred to in the preceding paragraph means natural disasters such as earthquake, fire, tsunami, volcanic eruption and those caused by wind, water, drought, frost or other weather event as well as emergencies such as insurrections, wars, epidemics and nuclear accidents.
Article 12 Film Review
On completing a funded film, funding recipients shall, within three months of obtaining a screening license and before commencing the film’s first-run commercial screening in domestic screening establishments, apply to the GIO for a review by submitting a review application form, a photocopy of the screening license (front and back sides), registration documents for motion picture industry professionals, a copy of the film and related documents verifying that the film conforms to Subparagraphs 1 and 2 of the following Paragraph. In cases where review documents are incomplete, the GIO shall request applicants to remedy this within a specified timeframe.
For complete applications, the GIO shall invite members of the review panel to review the film—keeping in mind the following considerations—and to report their recommendations to the GIO for approval:
1. Does the film conform to Article 5 and Subparagraph 4 of Article 14?
2. Do the title, format, synopsis, and the names of the production company, producer(s), director(s), screenwriter(s), main actor(s), cinematographer(s), soundtrack personnel, film editor(s), special effects personnel, art designer(s), stylist(s) and musician(s) conform to those provided in the production plan?
3. How is the quality of the production?
For films that do not pass the review stage, the GIO may ask applicants to revise their work within a specified timeframe and resubmit it for review. The total accumulated time for revisions may not exceed six months.
Article 13 Screening of funded films
Funded films shall, in accordance with Article 12, have a first-run commercial screening of approved content at domestic screening venues within nine months of passing the review stage. Funding recipients unable to meet this deadline shall apply to the GIO for an extension at least one month before the deadline. Extensions will be for a maximum of three months and may only be applied for once.
Funded films shall not be broadcast on cable, terrestrial or satellite television channels until three months after the date of their first commercial screening.
Article 14 Obligations for funding recipients
1. On completion of a funded film, total actual production expenditures for a flagship film shall be at least NT$100 million and for a strategic film, at least NT$60 million. Moreover, total actual production expenditures of these films shall be at least twice the amount of funding awarded by the GIO.
2. Funding recipients shall not commission the filming or production of the funded film to any other motion picture production enterprise(s). However, funding recipients may, upon approval by the GIO, produce the motion picture in a joint venture with a local or foreign motion picture production enterprise(s), or have the production undertaken by one or some of the recipients originally approved by the GIO.
3. If alterations are to be made, such as to the funded film’s title, format, synopsis, producer(s), director(s), screenwriter(s), main actor(s) cinematographer(s), soundtrack personnel, film editor(s), special effects personnel, art designer(s), stylist(s) or musician(s), funding recipients shall apply for permission by providing a written explanation and relevant certifying documents. Alterations may only be made with the agreement of the review panel and approval of the GIO.
4. The line “This film was made with 2010 Government Information Office Funding for Flagship and Strategic Motion Pictures Produced Domestically,” or words to the same effect, shall be included in the film’s opening or closing credits.
5. Funding recipients shall participate in promotional activities for local films held by the GIO and film festivals designated by the GIO.
6. Before concluding a settlement of accounts and the film funding case in line with Article 15, funding recipients must register as an enterprise member on the Taiwan Audio Video Interactive Service website (http://tavis.tw). Funding recipients must upload a trailer of the film to the TAVIS website. The trailer shall be in a digital audio-visual format, be less than 10 minutes long and have either a “G” or “PG” rating. Other materials (may include, but not limited to, music, posters and still photos, freeze-frames and stills from the movie) may also be uploaded to the site. The funding recipient shall provide written authorization granting the GIO, as well as to successor organizations that are granted responsibility for these Directions and matters concerning contracts for the production of funded films that come about as the result of changes to organic laws or regulations, the right to use the uploaded file and/or materials gratis and for an unlimited period of time for non-commercial reproduction, circulation, remakes, open transmission and public broadcasting and screening. Please refer to the TAVIS website for format(s) that may be uploaded.
7. The funding recipient shall provide written authorization granting the GIO, persons authorized by the GIO, foreign offices of the ROC as well as successor organizations that are granted responsibility for these Directions and matters concerning contracts for the production of funded films that come about as the result of changes to organic laws or regulations the right to use the film gratis six months after the date of its first commercial screening at ROC screening establishments for non-commercial public screenings and broadcasting as well as for reproduction, remakes (including, but not limited to, optical disk format and various language versions) or partial editing for the following purposes:
a. Public screenings, performances, oral presentations and exhibitions that are part of non-profit events
b. Non-profit public broadcasts, performances, oral presentations and exhibitions on terrestrial, cable and satellite television channels
c. Public transmission, performances, oral presentations and exhibitions on websites of the GIO and its foreign offices
The funding recipient shall provide the funded film in the format and within the timeframe specified by the GIO to be used gratis by the GIO as per the authorization specified in the preceding Paragraph.
8. Before concluding a settlement of accounts and the film funding case in line with Article 15, the funding recipient shall provide the Chinese Taipei Film Archive (CTFA) with two complimentary copies of the funded film for archiving and for promotional purposes. These film copies must be in the formats stipulated in Subparagraph 8 of Article 5 and must have passed through the review and approval stage described in Article 12. The funding recipient shall provide written authorization granting the CTFA, and any successor juridical body having responsibility for the CTFA’s business operations that comes into being as a result of changes to laws and regulations, the right to use the funded film gratis for an unlimited period of time starting six months after the date of the first commercial screening at domestic screening establishments. Said use shall include non-commercial public screenings, performances, oral presentations and open exhibitions, as well as reproduction, remakes (including, but not limited to, optical disk format and various language versions), or partial editing for the following purposes:
a. Public screenings, performances, oral presentations and exhibitions that are part of non-profit events
b. Non-profit public broadcasts, performances, oral presentations and exhibitions on terrestrial, cable and satellite television channels
c. Public transmission, performances, oral presentations and exhibitions on the websites of the aforementioned administrative organizations and foreign offices
9. Funded films shall take part in international film exhibitions under the country name of “Republic of China (Taiwan)” and the name of the funding recipient.
10. Documents provided to the GIO by funding recipients or documents from a trust facility undertaking Guidance Fund trust management and expense receipts may not be counterfeited, altered or forged.
11. Unless provided for by other regulations in these Directions, the identical or similar storyboard or script shall not receive other production subsidies from the GIO.
12. Before concluding a film funding case, the funding recipient must organize at least one campus-screening symposium on the funded film.
Article 15 Concluding a film funding case and the settlement of accounts
Funding recipients shall, within 18 months of their funded film passing the review stage, apply to conclude the funding case by submitting not later than September 1, 2017 the following written reports and documents. Recipients may not apply for an extension of the aforementioned deadline for any reason.
1. A report on the effectiveness of the production plans (including pre- and post-production as well as personnel)
2. A report on the effectiveness of the marketing plans (including an examination of the marketing strategies, domestic and overseas box-office sales, domestic and overseas copyright sales derived from distribution, revenues from distribution and peripheral merchandise sales), along with documents certifying compliance with the stipulations of Paragraphs 1 and 2 of Article 13
3. A record of participation in as well as short listing and awards garnered at film festivals
4. An evaluation of the benefits the film will bring to, and a plan of the film’s contributions to, Taiwan’s film industry
5. A breakdown of total revenues and expenditures approved by a certified accountant along with a review report. Revenues are to include, but are not limited to, domestic and international box-office sales, financing, private-sector investment, government funding and investment, private-sector sponsorship, revenues derived from domestic and international copyright sales as well as earnings derived from the sale of peripheral merchandise. Expenditures are to include costs of production (covering eight categories: personnel, materials, design, production, transportation, lodging, meals and miscellaneous expenses, for each of which a detailed list of spending in each category is to be appended), distribution and advertising. For personnel expenses, copies of employee salary withholding certificates are to be attached along with each employee’s job title.
6. Documents issued by the trust facility certifying the settlement of accounts for production expenses for the feature film
7. A document issued by the CTFA verifying the receipt of two complimentary new copies of the film from the funding recipient
8. Written authorizations as stipulated in Subparagraphs 6 and 7 of Article 14 and a photocopy of the authorization document as stated in Subparagraph 8 of the same Article
9. Documents certifying that all copies of the film for use in domestic screening were developed and printed domestically
10. Records of campus-screening symposia held on the feature film (to include the time and place of the event, participating cast and crew members, seminar contents and photographs)
11. Other documents specified by the GIO
The GIO shall settle the accounts for funded films in accordance with the following two subparagraphs:
1. Settlement of accounts for flagship motion pictures
a. The actual total production expenditures for the flagship film must exceed NT$100 million and must be more than twice the amount of funding approved by the GIO.
b. Where actual total production expenditures for the flagship film, not including promotional and marketing expenses, reach NT$100 million, the GIO shall provide the funding as approved if it is less than 30 percent of the actual total production expenditures. However, where the actual total production expenditures for the film reach NT$100 million and the GIO-approved funding exceeds 30 percent of the actual total production expenditures, the actual funding ratio shall be agreed upon by the review panel and approved by the GIO. A new dollar amount for funding will then be fixed, and the production contract shall be revised. In either case, a breakdown of production expenditures certified by an accountant and documentation of the settlement of accounts for production expenses certified by a trust facility shall be provided. Where overage occurs, excess funds shall be returned to the GIO by the deadline specified by the GIO.
2. Settlement of accounts for strategic motion pictures
a. The actual total production expenditures for the strategic film must exceed NT$60 million and must be more than twice the amount of funding approved by the GIO.
b. Where actual total production expenditures for the flagship film, not including promotional and marketing expenses, reach NT$60 million, the GIO shall provide the funding as approved if it is less than 30 percent of the actual total production expenditures. However, where the actual total production expenditures for the film reach NT$60 million and the GIO-approved funding exceeds 30 percent of the actual total production expenditures, the actual funding ratio shall be agreed upon by the review panel and approved by the GIO. A new dollar amount for funding will then be fixed, and the production contract shall also be revised. In either case, a breakdown of production expenditures certified by an accountant and documentation of the settlement of accounts for production expenses certified by a trust facility shall be provided. Where overage occurs, excess funds shall be returned to the GIO by the deadline specified by the GIO.
Article 16 Violation of these Directions
1. In the event of any of the following circumstances, the GIO shall revoke its funding approval (signed contracts may be nullified without notice, and any funding already distributed shall be returned unconditionally to the GIO and as indemnity, the GIO shall be paid 10 percent of the total amount of funding stated in the production contract):
a. Failure to comply with Subparagraphs 1, 3, 5, 6 or 7 of Article 5 for funded films that are to receive a first-run commercial screening
b. Certifying documents submitted in accordance with Paragraph 2 of Article 6 are determined to be false by the GIO
c. Failure to sign the trust contract by the deadline stipulated in Article 9
d. Failure to meet the stipulations of Article 11 regarding production deadlines
e. Failure to take remedial measures by the relevant deadline set by the GIO after having failed to submit documents for review in compliance with Paragraph 1 of Article 12, or having submitted incomplete documents after having been notified twice by the GIO
f. Failure to make revisions by the relevant deadline or to pass a second review after revisions have been made after having been notified by the GIO to revise the funded film under Paragraph 3 of Article 12
g. Violation of Paragraph 1 of Article 13
h. Violation of Paragraphs 3, 9 or 10 or the main clause of Paragraph 2 of Article 14
i. Violation of the production contract or trust agreement, not including violations punishable under these Directions and the terms of the trust agreement
j. Infringement by the funded film upon intellectual property rights as ruled by a court
k. Use of improper means to influence the impartiality of review panel members, as verified to be true
2. In the event of any of the following circumstances, the GIO shall revoke its funding approval (signed contracts may be nullified without notice and any funding already distributed shall be returned unconditionally to the GIO):
a. Violation of Paragraph 2 of Article 13
b. Violation of Subparagraph 6 or 11 of Article 14
c. Failure to take remedial measures by the relevant deadline set by the GIO after having failed to submit written reports and documents in compliance with Article 15, or having submitted incomplete reports or documents after having been notified twice by the GIO
d. Failure to pass the review for the conclusion of the funding case and the settlement of accounts as stipulated in Article 15.
e. Violation of Paragraph 2 of Article 15 concerning the settlement of accounts, where the actual total production costs of the funded flagship film are less than NT$100 million and less than twice the amount of funding approved by the GIO, or where the actual total production costs of the funded strategic film are less than NT$60 million and less than twice the amount of funding approved by the GIO, or where excess funds have not been returned to the GIO by the specified deadline
3. Recipients for whom the GIO has revoked its funding approval under the circumstances described in the preceding two subparagraphs shall not be allowed to apply for funding for flagship or strategic motion pictures produced domestically within two years from the date a contract has been terminated or funding qualifications have been revoked. Awarded funding must be returned to the GIO and payment made of any indemnity incurred. Applications for any GIO funding or incentives shall not be accepted from those who have not paid these amounts in full.
4. Each time funding recipients fail to have their funded films participate in promotional activities for local films held by the GIO and film festivals designated by the GIO in compliance with Subparagraph 5 of Article 14, they shall pay, as indemnity to the GIO, 5 percent of the amount of funding approved by the GIO. Applications for any GIO funding or incentives shall not be accepted from those who have not paid in full.
5. Funding recipients that fail to provide their funded films to the GIO by the deadline set and the format specified in Item 2 of Subparagraph 7 of Article 14 shall receive notification from the GIO instructing them when to deliver the films. Should they fail to meet this new deadline, they shall pay NT$1 million as indemnity to the GIO. Applications for any GIO funding or incentives shall not be accepted from those who have not paid this amount in full.
Article 17 Appended clauses take precedence
For any clause(s) appended to applications for funding approved by the GIO, the appended clause(s) shall take precedence over these Directions.
Article 18 Other
The GIO may terminate funding if the funding budget (not limited to the 2010 budget for funding flagship and strategic motion pictures produced domestically), due to reasons outside the control of the GIO, results in these Directions not being enforceable. Applicants or funding recipients shall not demand indemnity or reimbursement from the GIO.
The GIO shall answer any queries and have the final say on any unresolved issues arising from these Directions.
Note: In case of discrepancy between the Chinese and English versions of these Directions, the Chinese version shall prevail.
