e) expenses resulting fram the packing and unpacking in the country of origin,o f) expenses with transportation of the artworks fram their place of origin to the headquarters of the BIENAL and vice-versa. ART 13 - The artworks must be dispatched to the following address: Fundação Bienal de São Paulo, Pavilhão Ciccillo Matarazzo, Parque Ibirapuera, Portão 3, São Paulo, SP, Brazil, thraugh the Port of Santos (when shipped), ar thraugh the Intemational Airport of Guarulhos ar Viracopos (when air freighted). ART 14 - Ali foreign artworks should have attached to them a filled-in custam form, even in case of free transportation. The bill of lading should include three copies of a list of the artworks. Description should include the artist's name, the title of the work, its measurements in metric system, its weight in kilos, its value, technique, and the indication that customs clearing will praceed in the Customs Warehouse set up at the headquarters of the BIENAL. ART 15 - When the artworks do not require special packing and unpacking, the labor expenses referring to these will be met by the BIENAL. ART 16 - Due to customs requirements, foreign artworks cannot remain in the country for more than 180 (one hundred and eighty) days, counting as of their arrival in Brazil. Sole Paragraph - If the term specified in the above mentioned item of this article is not observed, the BIENAL will absolutely not be held responsible for the maintenance, conservation and custody of the artworks.
CHAPTER 111 On Brazilian Participation ART 17 - Brazilian participation will consist of Brazilian artists ar foreign artists, presently residing in the country. ART 18 - The Curator of the BIENAL wil/ indica te the Brazilian participants. ART 19 - It behooves the participating artist to: a) forward the Participation Form, duly fil/ed in and accompanied by individual biographical and bibliographical summary, photographs and a presentation of the collection of the artworks ar, should be it the case, description and plan of installation, no later than May 31, 1994. This material will be used for the general catalogue and for the media and publicity of the BIENAL. Any delay in forwarding the Participation Form will automatically exclude the artist fram participating in the event and catalogue of the 22nd BISp,· b) forward the pieces to the address in Article 13 above, by August 30, 1994; c) to be personally present, ar authorize by praxya representa tive towards the BIENAL to, on the date and site previously appointed, supervise the unpacking of the crates/artworks, as well as the assure the praper repacking pracedures at the closing of the 22nd BISP, sign the pertinent records and minutes of the praceedings; d) pravide the apprapriate identification of the artwork to be exhibited, with adequa te labels; e) forward the individual biographical summary of a maximum of 1 (one) page with 20 (twenty) lines and 70 (seventy) strakes; f) report to the BIENAL the need for special
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facilities, packaging, unpacking and repacking of the artworks, before the term foreseen in item "a" of this article expires; g) insure the artworks fram their site of origin, during exhibition and their retum to the site of origin (forward a photocopy of insurance policy); ART 20. The artworks should be removed within 30 days starting on the closing of the 22nd BISP. Sole Paragraph - If the term specified in the above mentioned item is not observed the BIENAL will not be responsible for the maintenance, conservation and custody of the artworks.
expenses of the nationalization of the artwork. Sole Paragraph - A normal commission will be charged when the beneficiary of the donation is a third party. The beneficiary will also be fully responsible for the collection of any eventual taxes, as well as for the expenses of nationalization, as per Article 23 and 24 of the present Regulations.
Art. 21 - The sale of the artworks of the 22nd BISP will be conducted exclusively thraugh the Sales Department of the BIENAL and with the previous knowledge of the BIENAL Board of Directors.
ART 26 - The buyer must pravide directly to the Banco Central do Brasil (the Central Bank of Brazil) the respective remittance of amount due to the owner. Sole Paragraph - The artworks sold ar donated will only be delivered to the acquirer after the closing of the exhibition, as determined in the caput of this article and after the receipt by the BIENAL of its mediation fee, under terms of article 23 above. The final delivery of the artworks, moreover is subject to (i) the confirmation of receipt of amount due by the owner (ii) the completion of the process of nationalization of the artwork by the buyer next to the relevant authorities and (iii) proa f of payment of ali due taxes.
li) FORElGN ARTWORKS
//I. BRAZILlAN ARTWORKS
ART 22 - The artworks that are negotiable should be so described in the respective Participation Form, referred to in article 8 above. The price of the foreign artworks will be always the one declared in the customs clearance documents, subsequent alteration being forbidden.
ART 27 - The sales price of the Brazilian artworks will be that indicated by the artist in the Participation Form. This price cannot be altered ar amended, and should be determined in Reais using the IGPM readjustment reference on the Participation Form. Should this reference no longer be valid, the existing legal index should prevail. The valid reference date for the index and closing is the date of the letter of agreement. Paragraph 1 - It is henceforth certain and agreed upon, under the terms of the caput of this article, that the sales price, on the occasion of its payment shall always incur in the following deduction: (i) 10% (ten per cent) allocated to the BIENAL as fee for mediation and (ii) taxes on the sale of the artworks as well as costs and bank charges which may occur, these shall be paid directly by the buyer/beneficiary of the artwork. Paragraph 2 - Should for any reason the period of legal procedures be overextended, the buyer ar beneficiary wil/ be responsible for armourage and insurance fees for the respective artwork. Paragraph 3 - Only in case of donation of an artwork to a cultural organization legally recognized by the BIENAL will the beneficiary be exempt from the payment of the amount allocated to the BIENAL as per paragraph 1, item (i) if this article. The beneficiary however, is responsible for the payment of taxes and costs and bank charges, as per Paragraph 1, item (ii) above. Paragraph 4 - The artworks so/d ar donated will only be delivered by the BIENAL to the buyer/beneficiary after the closing of the exhibition, and after the payment and receipt by the artist ar representative of due price, fee charged by the BIENAL proof of payment of taxes and costs and charges specified in Paragraph 1 item (ii), as well as proof of the latter.
CHAPTER IV On The Sales I) ON THE JURISDICTlON
ART 23 - The following fees are to be deducted fram the sale price, as specified in the terms of previous articles, upon payment ar dispatch (i) 10% (ten percent) allocated to the BIENAL as mediation commission and (ii) taxes on the sale of the artwork, as well ali costs of handling and bank charges. ART 24 - Because ali foreign artworks are subject to taxation and nationalization costs, the buyer ar beneficiary has to be made aware of such costs and the closing should proceed with letter of agreement signed by ali parties. The letter of agreement will specify that: a) the buyer ar beneficiary will be fully responsible for the expenses of nationalization of the artworks as well as for eventual taxes; b) the amount charged for the taxation and nationalization costs wil/ be previously presented and made available for inquiries; c) the buyer will then pay the amount directly to the seller and the fee directly to the BIENAL as well as present the receipts and proof of payment of the above mentioned taxes and nationalization; d) the sale has to proceed up to the closing of the 22nd BISP, as the normal packing and re-exporting pracedures will be initiated by then. Should for any reason the period of nationalization pracedures be overextended, the buyer ar beneficiary will be responsible for armourage and insurance costs for the respective artwork. ART 25 - In case of donation of artworks to cultural entities, duly recognized by the BIENAL and being of cultural nature, the beneficiary shall be exempt fram payment of the fee allocated to the BIENAL as per article 23 item (i) above. The cultural entity remains fully responsible for the collection of taxes as well as the measures and
CHAPTER V On The General Rules ART 28 - The removal of the pieces in the
exhibition wil/ not be allowed before the closing of the 22nd BISP. ART 29 - Should any doubts arise as to the spelling of the artist's name, value, ar any other data relating to the artworks, the information given in the Participation Form will prevail. ART 30 - The BIENAL is unobligated fram any responsibility as to the nonparticipation of an artist in the 22nd BISP due to the non-observance of the terms and conditions established for the delivery, assembly and forwarding of the documentation and instructions related to the artworks. For the same reasons, the BIENAL will not be responsible for the omission of the artist's name ar of any other data fram the general catalogue of the 22nd BISP ar other publications that the BIENAL may release. ART 31 - For the purposes of these Regulations, in relation to payment, (including taxes), re-exportation and correspondence, the criteria of identification for Brazilian and foreign artworks will be owner's address. ART 32 - The artists participating in the 22nd BISP authorize the BIENAL to, free of any dues including author's right, photograph, film ar register, through various technical means of repraduction, the respective artworks exhibited in the 22nd BISP for purposes of publications and catalogues, posters, billboards, articles in specialized magazines, periodicals and the advertising of 22nd BISP. ART 33 - The electrical system at the BIENAL Pavilion is 110 single-phase volts ar 220 single-phase ar triple-phase volts (60HZ). The television system adopted in Brazil is PAL -M (60 HZ - 525 lines) ar NTSC, only for the reproduction of tapes using the VHS system. ART 34 - The signing of the Participation Form implies the full acceptance of these Regulations. ART 35 - The cases not contained within these Regulations will be judged by the BIENAL. São Paulo, September 1992 (Revised ~eptember 1994L FUNDAÇAO BIENAL DE SAO PAULO