The Association of Advertising Producers (ASAP) has written an open letter to the Foreigners Regional Registration Officer (FRRO), through which it urges the latter to state a clear definition regarding the type of employment visa for international crews visiting India for advertising filming purposes.

In a letter obtained by Manifest, the FRRO had directed a letter to ASAP and four other bodies - Indian Film and TV Producers Council, The Film and TV Producers Guild of India, Western India Film Producers Association, and Indian Motion Pictures Producers Association, to desist from employing or engaging casting crew or any production tasks for cinematic films, feature films, documentaries, web series and advertising films. The circular added that production houses are required to maintain records of all foreign nationals employed and ensure that they have the appropriate documentation including a valid visa for the intended purpose. The letter added that legal repercussions will be for those production houses that don't follow.

However, according to ASAP's open letter, which has been signed by its general secretary Cyrus Pagdiwala and its president, Swadha Kulkarni, that there's an absence of a clear definition regarding the type of employment for international film crews visiting India for advertising filming purposes. 

Here's a copy of the open letter:

"This ambiguity significantly hinders our ability to provide clear guidance to our members. It is crucial to distinguish between two categories of foreign nationals who visit India for filming advertising projects: Foreigners hired as freelance crew for local Indian projects. Foreigners, who bring projects to India, thereby contributing valuable foreign exchange. Advertising production often necessitates a rapid turnaround, compelling us to hire foreign crew on short notice. Under current visa regulations, foreign crew hired for local advertising filming are required to apply for a J Visa. This visa not only involves a lengthy processing time but also demands extensive paperwork. Consequently, local producers often have no alternative but to instruct the hired foreign crew to apply for business or tourist visas. It is important to note that crews hired to work on commercials for airing in India do not take back any footage that would in any way harm India culturally or bring disrepute, as might be the case with a documentary. Therefore, the crew comes to India purely for work purposes and should be treated accordingly. The J visa, in this case, is a misstep that dissuades the exchange of talent. For the second category, the lengthy visa process serves as a significant deterrent, discouraging foreign crews from selecting India as their filming destination. This not only results in a loss of foreign exchange for the government but also adversely affects India's reputation as a favourable filming location. Moreover, the crews and units coming to shoot a commercial for foreign clients already go through the process of script and location approvals, etc., from the I&B Ministry and the MHA. The enforcement of Section 11 of the Foreigners Act, 1946, and Clause 10 of the Foreigners Order, 1948, exacerbates the challenges faced by the advertising production industry, which is already struggling to survive. Given the current situation of our industry and the protracted visa application process for foreign crew, we are left with limited options but to take our chances until the relevant ministry addresses our concerns and provides a viable solution. We urgently request your intervention to expedite the process and simplify the requirements for foreign film crews, thereby supporting the advertising production industry and enhancing India's appeal as a premier filming destination."