Catastrophic Cooperative Agreements (Chile) - Full Text Of The Norm

Original Language Title: ACUERDOS COOPERACION EN MATERIA DE CATASTROFES (CHILE) - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
ACUERDOS Law 25.240 Approve the Agreement signed with the Republic of Chile on Cooperation in the Field of Catastrophes.

Sanctioned: December 29, 1999.

Enacted: January 21, 2000.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Appropriate the agreement between the ARGENTINA REPUBLIC and the CHILE REPUBLIC on COOPERATION IN CATASTROFES, signed in Santiago .REPUBLICA DE CHILE., on 8 August 1997, which consists of DOCE (12) articles, whose authenticated photocopy is part of this law.

ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VETH DAYS OF THE MONTH DECEMBER OF THE YEAR NEW AND NEW.

Registered under No. 25.240 el

PASCUAL RAFAEL. Luis Flores Allende. . Mario L. Pontaquarto.

Agreed

ENTRE

THE ARGENTINA REPUBLIC

And

THE CHILE REPUBLIC

ON THE

COOPERATION IN MATERIA

CATASTROFES

The Government of the Argentine Republic and the Government of the Republic of Chile, henceforth "the Parties",

I'm ignoring your excellent relationships;

DESEANING to strengthen such relationships;

INCLUDING the mutual interest in promoting mutual cooperation in the field of disasters;

COMPROMETIENDOSE to promote the development of the aforementioned cooperation;

Recalling the Final Declaration of the Sixth Ibero-American Summit of Heads of State and Government, Viña del Mar, 11 November 1996, in particular its point No. 39, which refers to the establishment of the Ibero-American Association of Civil Protection and Defence Agencies and the promotion of cooperation in this area;

CONSIDERING that the spirit of solidarity and good-neighbourliness between the two States is manifested in the event of disasters and that this spirit can be strengthened through ways that enable it to act more effectively and quickly;

They agreed on the following:

ARTICLE 1

DEFINITION OF TERMINOS

For the purposes of this Agreement:

1. . "castrophe" means any fact thus qualified by the Party that requires assistance either of natural origin or caused by man that, by its characteristics, can cause serious damage to life, health, essential services or property of the population or the environment.

2. todos By "relevant organizations" all organisms are understood that, under the domestic law of the Parties, they have the competence to intervene in the event of a catastrophe. The Parties shall communicate in a reciprocal and timely manner any modifications to this effect. The respective Ministries of Foreign Affairs shall act as focal points.

3. . All actions aimed at preventing, preventing or mitigating the effects of a catastrophe are understood by "disastrous actions".

ARTICLE 2

COOPERATION OBJECT

The Parties, through their competent bodies, shall cooperate with each other in the actions they undertake in their respective territories in the event of a catastrophe. Such cooperation shall be carried out in the following areas:

1. . Exchange of information for the prevention of disasters or their damage.

2. . Sharing information and experiences on actions in case of catastrophe.

3. . Exchange of technology information applicable to disasters.

4. . Design and development of programs, projects and joint contingency plans for the event of disasters.

5. . Joint planning on mitigation and operational coordination against common risk scenarios.

6. de Mutual collaboration in disaster actions by:

(a) Use of staff and means of one Party at the request of the other.

(b) Use of means of technical and logistical support at the disposal of one Party at the request of the other, for catastrophes occurring in the territory of the Party.

(c) Provision of food and medication required by the other Party and other necessary elements to mitigate damage caused by a catastrophe.

ARTICLE 3

COMMISSION MIXTA

For the purposes of the application of the rules of this Agreement, a Joint Commission shall be established, consisting of representatives of the competent bodies of the Parties and chaired by officials of both Ministries of Foreign Affairs.

The Joint Commission will have as its function the coordination of the activities defined in Article 2, as well as the follow-up of the joint activities established or agreed by the Commission.

The Mixed Commission will sit alternately in Buenos Aires and Santiago and will be chaired by the highest ranking official of the host State of the meeting or, failing that, by the highest senior in office.

ARTICLE 4

PROCEDURES IN CATASTROFE CASE

In the event of a catastrophe, the following procedure for the implementation of this Agreement shall be observed:

1. La The Party in whose territory the catastrophe has occurred shall communicate the fact by diplomatic means to the other and request its assistance. Upon receipt of the notification, the other Party shall promptly provide for the intervention of the competent agencies.

2. Todas All communications and requests for assistance to be issued by the Parties shall be channelled through the respective Ministries of Foreign Affairs.

3. . The above is without prejudice to the existing channels of information of Gendarmería Nacional Argentina and Carabineros de Chile, pursuant to Articles VI and VII of the "Agreement between the Argentine Republic and the Republic of Chile for the Cooperation between National Gendarmerie Argentina and Carabineros de Chile", signed in Buenos Aires on August 2, 1991.

ARTICLE 5

PROCEDURES AGAINST THE PERSONAL OF A PART IN THE TERRITORY OF THE OTHER

The following procedure shall be observed for the entry of the staff of the competent bodies of a Party which must intervene in the event of a catastrophe in the territory of the other party:

1. La The sending Party shall notify the place, date and time of entry of its staff by diplomatic means and shall specify:

(a) Name, category, functions and identity card of members of their staff.

(b) Agency or agencies to which they belong.

(c) Description and quantity of technical means of support and other objects to facilitate the performance of your mission, which will be referred to the territory of the receiving Party.

2. . Once the staff members of the sending Party have arrived in the territory of the receiving Party, the Party shall seek the fastest compliance with the entry formalities and facilitate the entry procedures of the objects referred to in item (a) of the preceding subparagraph.

3. . The elements described in paragraph 1 (c), upon their entry into the territory of the receiving Party, shall be exempt from all types of customs duties, taxes or related charges.

4. . In the event of a catastrophe that occurred in the territory of a Party and access to the affected area only possible through the passage through the territory of the other, the procedures provided for in this Article shall apply.

ARTICLE 6

FINANCING OF ACTIVITIES OF THE PART

Unless otherwise agreed, the costs arising from the activities of the staff of the sending Party shall be distributed as follows:

1. . The transfer costs will be borne by the sending Party.

2. . The costs associated with the staff stay will be borne by the receiving Party.

3. . The costs associated with the maintenance and operation of the technical means used will be shared equally.

ARTICLE 7

PREVISIONS FOR THE CASE OF EMPLEMENTATION OF MEASURES TO THE ARMED FORCES AND SECURITY OF THE ARGENTINA REPUBLIC AND THE NATIONAL DEFENDMENT OF THE CHILE REPUBLIC

If the nature of the actions, in the event of a catastrophe, the use of personnel or means belonging to the Armed and Security Forces of Argentina or the National Defence of Chile must be observed as follows:

1. . The staff of the sending Party may not be engaged for any reason in the tasks of maintaining the public order of the receiving Party, or participating in the implementation of extraordinary administrative measures that involve the suspension or restriction of constitutionally guaranteed rights by the Parties.

2. . The custody and security of the staff of the sending Party shall be carried out by the receiving Party.

3. Los The staff of the sending Party shall only seek instructions from the relevant agencies of the receiving Party in relation to their collaborative activities in the event of disasters, maintaining for the rest their operational structure, command relationship and disciplinary regime in accordance with the provisions of their laws and regulations.

4. . When only means of the Armed Forces of Argentina or Chile are used, they will be the Joint Chiefs of Staff of the Armed Forces of the Argentine Republic or of the National Defence of the Republic of Chile, those responsible for assuming responsibility for the coordination of their employment, without prejudice to the responsibilities that compete the other bodies involved.

5. . When the means of Gendarmería Nacional Argentina and Carabineros de Chile are employed, the respective Mandos will be responsible for the coordination of their employment.

ARTICLE 8

PRIVILEGES AND INMUNITIES

During their stay in the territory of the receiving Party on the occasion of the development of the mission, the personnel of the sending Party shall enjoy the following privileges and immunities:

1. . Personal inviolability, except for serious crimes.

2. . Immunity of jurisdiction in criminal, civil and administrative matters, including executing immunity and exemption from the obligation to testify. Such immunity shall not extend to acts committed outside the performance of the mission.

3. . Exemption of all personal or real taxes and taxes, national or local, with the exception of indirect taxes normally included in the price of goods or services.

4. . Exemption of all types of customs duties, taxes or related charges of objects intended for personal use during the development of the mission. They should, however, be fully re-exported to the departure of the territory of the receiving Party.

5. . Exemption of inspection of personal baggage, unless there are substantial grounds to assume that it contains objects not included in the exemptions referred to in paragraph 4 of this Article, or objects whose import and export is prohibited by the laws of the receiving Party or subject to its quarantine regulations. In this case the inspection must be carried out in the presence of the person concerned and as quickly as possible.

Staff members of the sending Party shall enjoy such privileges and immunities from the time of their entry into the territory of the receiving Party until their departure.

The provisions shall not apply to acts other than the provision of assistance or, in the case of civil or administrative actions, to intentional misconduct or gross negligence.

Staff of the sending State have the duty to respect the laws and regulations of the receiving State. Staff of the sending State shall refrain from carrying out political or other activities incompatible with such laws or the provisions of this Agreement.

ARTICLE 9

RESPONSIBILITY FOR ILICITES

The sending Party shall be responsible for all wrongful acts which directly result from the actions of its staff in the conduct of the actions in the event of a catastrophe.

ARTICLE 10

PROCEDURES IN CONTROVERSIA CASE

Any dispute arising from the interpretation or application of the rules of this Agreement that may arise between the Parties shall be resolved through the procedures provided for in Articles 4th, 5th and 6th and Annex 1 of the Treaty of Peace and Friendship of 1984.

ARTICLE 11

IN VIGOR

This Agreement shall enter into force sixty (60) days after the date on which the Parties have proceeded to the exchange of the respective instruments of ratification.

ARTICLE 12

VIGENCE

This Agreement shall last for a period of ten years and shall, at its expiry, be automatically renewed for another ten years, unless a Party declares it, by notification to the other in advance not less than one year. In this situation, actions in the event of a catastrophe that is ongoing will not be suspended or interrupted by the end of the period.

HEAR in Santiago, Chile on the eight days of the month of August, a thousand nine hundred and ninety-seven, in two original copies in Spanish, being both equally authentic texts.