Integrated Border Controls (Chile) - Full Text Of The Rule

Original Language Title: TRATADOS CONTROLES INTEGRADOS DE FRONTERA (CHILE) - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
TREATY Law 25.229 Approve the Treaty on Integrated Border Controls, signed with the Republic of Chile. Sanctioned: November 1999. Promulgated: December 1999.

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

Article 1 Appropriate the TREATY BETWEEN THE ARGENTINA REPUBLIC AND THE CHILE REPUBLIC ON INTEGRADOS DE FRONTERA, signed in Santiago RE CHILE REPUBLIC . on 8 August 1997, which consists of VEINTICINCO (25) articles, whose authenticated photocopy is part of this law.

Art. 2o o Contact the national executive branch.

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

_

ALBERTO R. PIERRI. . EDUARDO MENEM. . Esther H. Pereyra Arandía de Pérez Pardo. . Juan C. Oyarzún.

TREATY

ENTRE

THE ARGENTINA REPUBLIC

and

THE CHILE REPUBLIC

ON THE

INTEGRATE CONTROL OF FRONTERA

The Argentine Republic and the Republic of Chile, henceforth known as the Parties;

ANNIMADAS of the desire to make further progress in the framework of physical integration between the two States;

PROPOSED to create favourable conditions for facilitating border transit of persons and trafficking in goods;

RECOGNIZING that the regulation of integrated border controls can serve the objective improvement, in agile and modern way, of the general conditions of transit and border traffic,

_

CHAPTER I: DEFINITIONS

ARTICLE 1

For the purposes of this Treaty, it is understood that:

(a) Control: The application of all legal, regulatory and administrative provisions of the two States, relating to the passage of the border by persons, as well as the entry, exit and traffic of baggage, goods, cargo, vehicles and other goods by the authorized points of the border.

(b) Integrated Control: The activity carried out in one or more places, using compatible and similar administrative and operational procedures in a sequential manner and, where possible, simultaneously, by the officials of the various agencies of both States involved in the Control.

(c) Enabled border point: Place of link between the two States, legally authorized for the entry and discharge of persons, goods and means of transport of persons and cargoes, and for all types of customs operations.

(d) Country: The country in whose territory the Integrated Control Area is located.

(e) Lebanon: The other State.

(f) Area of Integrated Control: The part of the territory of the Headquarters Country, including the Route and the Recruits in which the Integrated Control is carried out, where the officials of the Limítrofe Country are enabled to carry out the Control.

(g) Recruitments: Set of movable and immovable property affections to the Integrated Control Area.

(h) Route: Land route between the Recintos and the international border line between the Headquarters and the Limítrophe Country, in which the control of the Security will correspond to the competent officers of the Headquarters Country.

(i) Officer: Person, regardless of category, belonging to a monitoring agency.

(j) Libration: Act by which the officers assigned to the Integrated Control authorize the persons concerned to dispose of the documents vehicles, goods or any other object subject to such Control.

(k) Coordinating Agency: Agency determined by each State responsible for administrative coordination in the Integrated Control Area.

CHAPTER II: OF GENERAL PROVISIONS REFERRED TO CONTROLS.

ARTICLE 2

In order to simplify and accelerate the formalities relating to the control activity to be carried out on their common border, the Parties may establish Recintos within the framework of this Treaty, either on one side of the border line, overlapping the international boundary or on both sides of the border.

The establishment, transfer, modification or deletion of Claims shall be subject to Agreements for the exchange of Notes between the two States, which shall delimit the Areas of Integrated Control.

Article 3

In the Area of Integrated Control, each country ' s staff shall exercise their control functions as defined in article 1 (a).

The legal, regulatory and administrative provisions in the field of customs, migration, health and transport of the Limtrophe Country relating to the Control shall be applicable and shall have full effect in the Area of Integrated Control, being understood that the jurisdiction and competence of the organs and officials of the neighbouring Country shall be deemed to be extended to this area.

The country is obliged to cooperate in the full exercise of all the legal, regulatory and administrative powers of the officials of the country Limítrofe, in particular those relating to the transfer, as soon as possible and without further processing of persons and goods to the international limit, for the purpose of submitting them to the laws and jurisdiction of the Tribunals of the latter State, as appropriate.

Staff members of both States shall assist in the development of their respective functions in the Area, with a view to preventing and investigating violations of existing provisions, and should communicate, on their own or at the request of a party, any information that may be of interest.

ARTICLE 4

The control of the country of departure in the Integrated Control Area will culminate before the control of the country of entry.

The legal, regulatory and administrative provisions of the country of entry shall be applicable at the time of the commencement of its operations and, in turn, the officers of the country of departure shall not be able to resume the control of persons and property that has been disposed of, except in the case of extraordinary situations and the consent of the authorities of both Parties expressed through the respective coordinating agencies.

ARTICLE 5o

The goods from one of the two countries, which are rejected by the officials of the other during the relevant control or which, after that, are returned to the country of origin at the request of the person responsible for them, shall not be subject to the rules concerning the export or the controls of the other country.

Returns to the country of departure, persons or goods that have been rejected by the officials of the country of entry, or whose departures from the neighbouring country have been by the officials of this country, cannot be prevented.

ARTICLE 6

National border control agencies may propose agreements to their Foreign Ministry in order to facilitate the implementation of this Treaty, without prejudice to the specific agreements on operational matters and security that may be concluded within their respective competences.

CHAPTER III: OF THE PERCEPTION OF TASSE AND OTHER GRAVENT TRIBUTES.

ARTICLE 7

The agencies of each State are empowered to receive, in the Area of Integrated Control, the amount of taxes, fees and other charges, in accordance with their respective laws in force.

The collections received by the neighbouring country shall be transferred and transferred, directly and freely, by the competent agencies of that State

CHAPTER IV: OFFICERS AND ADMINISTRATIVE COORDINATION

ARTICLE 8

The authorities of the Headquarters Country shall grant the officers of the Limtrophe Country, for the exercise of their functions, similar protection and assistance to their own officials.

Article 9

The Integrated Control Area Coordinating Agencies shall exchange the full payroll of the staff of the agencies involved in the Integrated Control Area, immediately communicating any changes introduced to the Area.

Also, the competent authorities of the Headquarters Country reserve the right to request the counterpart authorities of the Limtrophe Country, the replacement of any staff member of the latter State, who performs functions in the Integrated Control Area, where there are justified reasons for this.

10th Article

Staff members of the Limtrophe Country shall be authorized to enter the Integrated Control Area and address the site of their Service, with the simple justification of their identity and position, through the display of the corresponding accreditation document.

11th Article

Officials of the Limtrophe Country shall carry their national uniforms in the Headquarters Country, if any, or a visible sign identifying them.

12th Article

Officials not included in the payroll referred to in article 9 of the preceding article and persons from the Limítrofe Country linked to international transit of persons, international trafficking in goods, and means of transport, shall be authorized to circulate within the Integrated Control Area, with the sole accreditation of their position, function or activity.

13th Article

The staff of service providers, state or private, will also be authorized to circulate within the Integrated Control Area, with the sole accreditation of their quality as such, provided that they carry with them their tools and the material necessary for the performance of their work.

CHAPTER V: OF DELITOS AND INFRACTIONS COMMITTED BY THE OFFICERS IN THE INTEGRATED CONTROL AREAS.

14th Article

Staff members of the Lebanese Country who violate their own country ' s legislation in the Integrated Control Area, in exercise or on the basis of their functions, shall be subject to the Courts of their State and judged by their laws. To that end, the third paragraph of Article 3 would also apply.

CHAPTER VI:

15th Article

The Route is an integral part of the Integrated Control Area.

ARTICLE 16

Persons who transit in vehicles that have been controlled in the Integrated Control Funds by the officials of both States and who are headed for the Route to the Limtrophe Country may not acquire or introduce in such vehicles food, goods, animals or cargo of any nature during the journey to the international limit.

Persons who transit through the road, as well as goods, food, animals or cargo of any nature that are not directed to the Limtrophe Country, shall not be controlled in the Integrated Control Claims by the officials of both countries, and shall be excluded from the provision of the preceding paragraph, without prejudice to the verification provided in the following paragraph.

In order to comply with this provision, the verification carried out on the route by the Services of the country Limítrofe will be carried out in coordination with the officials of the country, without prejudice to the security control that falls exclusively within the country, which is obliged to provide the support required by the officials of the country.

Article 17

In the event of a violation of the provisions of Article 16 above, the authorities of the Headquarters Country shall seize the species by their competent officials and adopt the appropriate legal procedure for those responsible.

Article 18

Any dispute that arises between the officials of both countries regarding the application of the provisions of the preceding Article, and which cannot be resolved in common by both Coordinating Agencies, shall be raised to the consideration of the Governments.

CHAPTER VII: OF RECENTS, MATERIALS, EQUIPMENTS AND WEEKS FOR THE EXERCISE OF FUNTIONS

19th Article

Recintos are an integral part of the Integrated Control Area.

Article 20

The Headquarters Country will make available to the Services of the Limítrofe Country the Recintos where the Control will take place.

ARTICLE 21

The Agreements referred to in Article 2, paragraph 2, shall also establish:

(a) The construction and maintenance costs of the buildings of the Headquarters Country;

(b) General services may be agreed upon by a mechanism for sharing or compensating expenses;

(c) The times in which the inmates will attend, and

(d) Other aspects that are deemed necessary.

ARTICLE 22o

The Headquarters Country shall authorize, free of charge, the installation and maintenance, by the competent Services of the Limtrophe Country, of the telecommunications apparatus necessary for the operation of the Recintos that occupy the Services of the latter State, its connection with the corresponding facilities of the Limtrophe Country, as well as the exchange of direct communications from its different units, either with the Services of the Country Headquarters, with the Country Headquarters or the Country.

ARTICLE 23

The materials necessary for the performance of the Staff of the Limtrophe Country in the Home Country due to their Service shall be divided into two categories:

(a) those consumed by use, and

(b) those not consumed by use.

Materials in category (a), shall be exempt from any kind of restrictions of an economic nature, of rights, fees, taxes and/or charges of any kind to the import of the Country. Its import will be formalized by a simple list of goods, subscribed and approved by the corresponding Customs of the Limítrophe Country and approved by the corresponding Customs of the Headquarters Country.

Materials in category (b), which by their nature may be re-exported, shall apply to the special temporary admission regime. This special regime will be formalized by a list subscribed and approved by the appropriate Customs of the Limtrophe Country and approved by the appropriate Customs of the Headquarters Country. The re-export of the materials may be requested at any time by the neighbouring country.

CHAPTER VIII: VIGENCE AND DURATION

24th Article

This Treaty shall enter into force on the first day of the month following the date of the last notification by which the Parties have communicated compliance with their internal constitutional requirements for approval.

Article 25

This Treaty shall have an indefinite duration. It may be denounced by any Party, and the complaint shall enter into force 6 (six) months after the receipt by the other Party of its notification made by the diplomatic channel.

Made in Santiago, August 8, 1997, in two originals, both equally authentic.