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Guidelines of Performance of Foreign Artistes

APPLICATION PROCEDURES AND GUIDELINES AND REGULATIONS ON PERFORMANCE BY FOREIGN ARTISTES

A.  APPLICATION PROCEDURES

  1. The application is to be addressed to

    Chairperson
    Central Agency Committee of
    Application for Filming and Performance by Foreign Artistes (JK-PUSPAL)
    Ministry of Culture, Arts and Tourism Malaysia
    Division of Cultural and Arts Policy
    Aras 32, Menara Dato' Onn
    Putra World Trade Centre
    50694 KUALA LUMPUR
     
    Tel: (6) 03-26937111  Fax: (6) 03-26910941
  2. The following forms must be used in the application:
    Type of Form For the Following Purpose
    KKKP / PUSPAL / 02 Entertainment Show at Hotel and Commercial Premises
    KKKP / PUSPAL / 02(L) An extension of an Entertainment Show at Hotel and Commercial Premises
    KKKP / PUSPAL / 03 Concert/Theatre/Opera/Circus/Poem/Martial Arts/Magical Show
    KKKP / PUSPAL / 04 Album / Product Promotion
    KKKP / PUSPAL / 05 Visual Arts Activities
  3. Application forms can be obtained from the Division of Cultural and Arts Policy, Malaysian Ministry of Culture, Arts and Tourism or the Culture and Arts Offices in all states.
  4. An artiste must appoint a local event managing company to arrange for the Artistes performance in Malaysia.  However, in cases where a show  is held at a hotel and / or a commercial premise, the show can also be organized by the owner of the premise.
  5. For applications in Sabah and Sarawak which involved an event managing company and / or a hotel and commercial premise which operates in the state concerned, the application is to be submitted to JK-PUSPAL and a copy to the State concerned.

B. PROCEDURES AND TIME TAKEN TO PROCESS AN APPLICATION

  1. The secretariat is to prepare a verification letter to be considered by JK-PUSPAL.
  2. JK-PUSPAL holds a meeting to decide on a certain application.
  3. In a certain case, the applicant will be called for an interview by JK-PUSPAL.
  4. The applicant will be informed in writing of the outcome of the application.
  5. The minimum period for processing an application for Artistes performance is two (2) weeks (except for Sabah and Sarawak where the processing period for an application is at least three (3) weeks).

C. GUIDELINES AND REGULATIONS ON PERFORMANCE

  1. Category of Artist
    1.1 The Artistes are divided into the following categories:
    Category Type of Artist Type of Performance
    A Theatrical Artist A1 Songs
        A2 Musical
        A3 Dance
        A4 Concert
        A5 Theatre
        A6 Circus
        A7 Martial Arts
        A8 Poem
        A9 Promotion
        A10 Magical Show
    B Opera Artist B1 Buddhist Opera
        B2 Hindu Opera
        B3 Other Operas
    C Visual Arts Artistes C1 Show Promotion

    1.2 Category B Artistes include those artistes who were brought in individually based on the role that they play in the opera to assist the Local Artistes or an opera organization that exists in this country, except for Teochew Opera.

    1.3 Category B Artistes is considered on the basis of religion and custom, and this includes the Cantonese Opera, Hokkien Opera, Teochew Opera and Hindu Opera.

    1.4 The location of show for Category B Artistes is limited to either the Chinese or Hindu Temple.

  2. Time Period

    2.1 For Category A and C Artistes their period of stay and temporary work permit should not be more than three (03) months, except for artistes from ASEAN countries whose maximum period of stay is six (06) months including the extension period. For the purpose of album and product promotion the time for promotion must not be more than seven (07) days.

    2.2 The maximum period for Category B Artistes to be in Malaysia will depend on the type of opera:

    Type of Opera Period
    Cantonese Opera : 20 (twenty) days
    Hokkien Opera : 60 (sixty) days
    Teochew Opera : 160 (one-hundred and sixty) days
    Hindu Opera : 20 (twenty) days
  3. Number of Artistes

    3.1 For Category A, not more than 40 (forty) artistes can be involved at one time. However, leeway will be given according to the needs of the show.

    3.2 For Category B, the maximum number of Artistes for each application by each sponsor at a particular time is:

    Type of Opera Number of Artistes
    Cantonese Opera : 05 (five) artistes
    Hokkien Opera : 15 (fifteen) artistes
    Teochew Opera : 40 (forty) artistes
    Hindu Opera : 05 (five) artistes

    3.3 For Category C, the maximum number of Artistes for each application by each sponsor is four (04).

    3.4 At least 30% of the technical staff should consist of Malaysian citizens.

  4. Preview and Supervision

    4.1 JK-PUSPAL can make preview to a show and/ or pre-listening either live or recorded using a video-tape/video CD / cassette a condition before an approval is given.

    4.2 JK-PUSPAL has the right to 10 free tickets or entry pass to a certain show for monitoring purposes.

    4.3 For a show that is conducted at a hotel / commercial premise, a letter of approval which is produced by JK-PUSPAL must be displayed at a place that can be seen and read by the public.

  5. The Basis For Consideration And Approval Of A Particular Application

    5.1 All considerations and supports are made based on the objective of the show, whether it is meant for business, or an arts performance for charity purposes, or for a purpose that is related to the religion and the custom.

    5.2 If the performance is meant for charity, or for a certain fund which is allowed by the government, the collection must be allotted to the said fund based on the regulations made by the Government and agreed by the sponsor and the beneficiary of the contribution.

    5.3 Every application is subjected to the following code of ethics:

    • 5.3.1 Artistes are strongly prohibited from behaving improperly such as jumping about, shouting about or throwing something on the stage or at the audience.
    • 5.3.2 Artistes are strongly prohibited from acting or saying things which have sexual innuendos, which include the way they dance, hug and kiss the audience or committing the like among themselves.
    • 5.3.3 Artistes are strongly prohibited from saying or doing things which can be interpreted as an act of attracting attention to or idolizing a particular society or religion in the context of polarization which can affect the political situation and stability of the country.
    • 5.3.4 Artistes are strongly prohibited from performing nude or stripping, be they clothes or trousers or sarong, which can make obvious their skin while performing.
    • 5.3.5 Every Artist is required to observe the following dress code:
      • i. A female Artist must cover herself from the top of her breast to the knee.
      • ii. A male Artist must cover himself from the chest to the knee.
      • iii. A female Artist who performs belly dancing ("Bollywood") style and Middle Eastern dance) must cover the exposed part of the body (that is, the stomach) with at least a net-type material which has a design.
    • 5.3.6 An Artist must look neat and clean for the whole period of the show. The clothe must not have any obscene wording or picture on it. It must also not have any motive on 'drug' and other negative elements.

  6. The Basis For Consideration Of An Application For An Extension

    An application for an extension of a show will be considered on the following basis:

    • 6.1 No complaints or negative reports have been received from any parties on the Artist or his/her performance or the sponsor for the performance which was approved before.
    • 6.2 An application for extension for a period which exceeds three (03) months is meant for Artistes from ASEAN countries only.
    • 6.3 An application for extension for Artistes from non-ASEAN countries can only be considered for a period which is less than three (03) months, and this is subject to the specific needs of the outlet where the Artistes concerned are working.
  7. Special Terms

    7.1 Concert

    • 7.1.1 The audience must be 18 (eighteen) and above.
    • 7.1.2 Audience who are 18 (eighteen) and below must be accompanied by their parents or an adult.

    7.2 Concert and Theatre

    • 7.2.1 The audience is not allowed to smoke and bring, show and drink alcohol or liquor during the show including during the break.
    • 7.2.2 A company which is directly related to a certain cigarette or liquor company can be the sponsor of a show with the permission and approval of the Ministry, with the condition that their logo will not be displayed. Words which have "liquor" and "cigarette" connotations are not to be used in all languages.
    • 7.2.3 The sale of alcoholic drinks and cigarettes at the show premise is strongly prohibited at least five (05) hours before a show, during a show, and at least three (03) hours after a show.
    • 7.2.4 Audience who are suspected of being drunk or losing control due to a certain drug are not allowed to watch the show.

    7.3 Album Promotion

    • 7.3.1 The second and consecutive application by the same artist for the same album can only be made after a cooling period of at least three (03) months after the date of promotion of the album concerned.

  8. Terms which are Imposed on Sponsors, Employers and Artistes

    8.1 Artistes who intend to perform a show must be considered to be of international standard by the Malaysian Ministry of Culture, Arts and Tourism.

    8.2 For the entry of Artistes in Category A1 and A2, at least 1/5 of the overall activity must make up of Malay songs. For example, if there are five songs in a show, one of them must be a Malay song.

    8.3 Artistes who are brought in for a particular performance must not be allowed to perform for another sponsor at the same period of time, except when their contract with the previous sponsor has expired. The overall period of the Artistes entry must not exceed the maximum period allowed.

    8.4 An Artist is also not allowed to record his/her performance with any parties for commercial purposes.

    8.5 The sponsor who terminated their contract with an Artist before the contract expires, and / or change Artist, would have to inform the matter to JK-PUSPAL and get the permission of JK-PUSPAL before doing so.

    8.6 The sponsor must give JK-PUSPAL the space and room for monitoring. Failure to do so can lead to future applications by the sponsor be turned-down.

  9. Special Terms for Entertainment Show at a Hotel and Commercial Premise

    9.1 An applicant for an entertainment show at a hotel and commercial premise must observe the following regulations on the use of a show outlet:

    • 9.1.1 One Outlet for Performance
      • 9.1.1.1 Shows performed in this outlet must be conducted on rotational basis between a Local Artist and a Foreign Artist.
      • 9.1.1.2 A foreign artist can perform for three (03) months and this is followed by a performance by a local artist in the next three (03) months.
      • 9.1.1.3 A joint performance can be arranged, that is 45 minutes performance by a Foreign Artist and the next 45 minutes by a Local Artist or a show which joined the performance of both Local and Foreign Artistes.
    • 9.1.2 Two Outlets for Performance

      One of the outlets is to be used by a Local Artist for the whole year while the other outlet can be used by a Foreign Artist.

    • 9.1.3 Three Outlets for Performance
      • 9.1.3.1 One of the outlets is to be used by a Local Artist for the whole year while the other outlet can be used by a Foreign Artist.
      • 9.1.3.2 The third outlet is to be used on rotational basis by a Local Artist for three (03) months and followed by a Foreign Artist in the next three (03) months.
    • 9.1.4 More than Three Outlets for Performance
      • 9.1.4.1 Two of the outlets is to be used permanently by a Local Artist.
      • 9.1.4.2 The third outlet can be used by a Foreign Artist for the whole year.
      • 9.1.4.3 The rest of the outlets can be used on rotational basis by a Local and Foreign Artist.

    9.2 Artist Movement

    An Artist who moves from one hotel / commercial premise to another hotel / commercial premise due to expiry of contract or termination of contract or ended his/her contract must go through a cooling period which lasted for a month except when he /she obtained the permission of JK-PUSPAL.

    9.3 Artist Movement Within a Group

    The expiry date of the contract of a new member of a group who replaces an ex-artist of the group must be the same as the expiry date of the contract of the ex-artist concerned.

    9.4 Local Artist

    A Local Artist must be a member of an association which is recognized by the Government and the quality of his /her performance is verified by the Ministry of Culture, Arts and Tourism Malaysia.

    9.5 Social Obligations of Sponsors

    • 9.5.1 Every performance must be clean and must not contain obscene, bad and dirty stories and language which go against the positive values of the Malaysian society, the country's laws and the five Tenets.
    • 9.5.2 The approved date and place must be observed in every performance. Permission from JK-PUSPAL must be obtained prior to any changes in the date and place of show.
    • 9.5.3 The sponsor must, at all times, give priority to particularly the safety of the audience and the surrounding in general.
    • 9.5.4 For a concert, circus and martial arts show the sponsor is required to get further approval from the Malaysian Royal Police Force for security reason before a show is held.
    • 9.5.5 If a show is cancelled, the sponsor is responsible for paying back the audience the price of the ticket bought.
    • 9.5.6 The sponsor is responsible for ensuring that the above regulations and the general rules are observed for the whole of the show period.

D. APPLICATION APPROVAL AND ISSUANCE OF VISITOR'S VISA/ PASS

  1. An application will only be approved after it was agreed by JK-PUSPAL.
  2. The decision to issue Visitor's Visa / Pass for any application which has been verified by JK-PUSPAL must fulfill the terms and conditions given by the Immigration Department Malaysia.

E. CANCELLATION OF APPROVAL

Take note that the Government can revoke an approval for a performance at any time when it is considered as necessary without having to give explanations for the action.

F. AMMENDMENTS

The information in Procedures for Application, Guidelines and Application Procedures for Performance by Foreign Artistes are subject to amendments.

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