Complementary Protocol (Colombia) - Full Text Of The Norm

Original Language Title: PROTOCOLOS PROTOCOLO COMPLEMENTARIO (COLOMBIA) - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
PROTOCOL Law 25.667 Approve the Supplementary Protocol to the Convention on Cooperation in the Prevention of the Indebted Use of Narcotic Drugs and Psychotropic Substances signed with the Republic of Colombia on 28 April 1988. Sanctioned: October 9, 2002. Promulgated: October 30, 2002.

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

ARTICLE 1 Appropriate the COMPLEMENTARY PROTOCOL of the Convention on Cooperation in the Prevention of the USE OF STUFACIENTS AND PSYCHOTROPIC SUBSTANCES ENTRE THE ARGENTINA REPUBLIC AND THE COLOMBIA REPUBLIC of 28 April 1988, signed in Buenos Aires, on 12 October 2000,

ARTICLE 2 Contact the national executive branch.

DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, ON 9 OCT 2002.

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EDUARDO O. CHANGE. . JUAN C. MAQUEDA. . Eduardo D. Rollano. . Juan C. Oyarzún.

PROTOCOL COMPLEMENTARY OF THE CONVENTION ON COOPERATION IN MATERIA OF PREVENTION OF THE INDEBIDO USE OF STUFACIENTS AND PSYCHOTROPIC SUBSTANCES BETWEEN THE ARGENTINA REPUBLIC AND THE COLOMBIA REPUBLIC OF 28 APRIL 1988

The Argentine Republic and the Republic of Colombia, henceforth referred to as the Parties.

Bearing in mind the spirit and framework of the Convention on Cooperation in the Prevention of the Indebted Use of Narcotic Drugs and Psychotropic Substances held between the Argentine Republic and the Republic of Colombia in the city of Bogotá, on 28 April 1988.

Considering the commitments made by both States as parties to the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

Reiterating the principles enshrined in the Anti-Drug Strategy in the Hemisphere, adopted by the Inter-American Commission on Drug Abuse Control, on 8 December 1996,

Recognizing the provisions of the Model Regulations for the Control of Chemical Substances used in the Illicit Manufacturing of Narcotic Drugs and Psychotropic Substances of the Inter-American Drug Abuse Control Commission (CICAD).

Fully convinced that the global problem of illicit drugs requires comprehensive and balanced treatment under the principle of co-responsibility on the part of all the world ' s nations.

Taking into account their respective domestic legal systems.

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ARTICLE I

APPLICATION

The Parties shall cooperate in the prevention, control and suppression of the activities of the illicit production, manufacture, trafficking, distribution and sale of narcotic drugs and psychotropic, natural and synthetic substances and their related crimes, including the control and control of chemical substances, through their respective competent national agencies and services.

ARTICLE II

COMMISSION MIXTA

The Joint Commission established in the Convention on Cooperation in the Prevention of the Indebted Use of Narcotic Drugs and Psychotropic Substances between the Argentine Republic and the Republic of Colombia of 1988 will be composed in addition to the Ministries of Foreign Affairs by the Authorities designated in Article VII.

The Commission will be responsible for the follow-up to the commitments made through this Supplementary Protocol, identify the difficulties observed in its implementation in submitting settlement proposals and will foster cooperation between the parties in order to ensure their agility and efficiency, without prejudice to the other assigned functions.

The Commission shall have the power to invite other Authorities.

ARTICLE III

INTERCHANGE OF INFORMATION

1. To the extent permitted by its domestic legal system, Parties shall exchange information on:

1.1 Policies, programmes, legislation in force on all manifestations of the phenomenon of illicit drugs;

1.2 Actions taken with respect to all manifestations of the phenomenon of illicit drugs, indicating that they have been advanced as a result of the assistance provided for in this Supplementary Protocol;

1.3 Illicit trafficking in narcotic drugs, psychotropic substances and chemicals, as well as other conduct described in paragraph 1 of article 3 of the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, Parties shall exchange information on:

The alleged offenders involved in these activities;

Their methods of action, and

The routes used

1.4 The results obtained in the research and processes developed by the respective Designated Authorities.

2. They are particularly committed to using their own means, and where appropriate, they will use those provided by CICAD (RETCOD) and INTERPOL for the exchange of unjudicial information.

ARTICLE IV

INDAGATIONS AND COORDINATE ACTIONS

1. Parties, provided that they do not contravene their domestic law, shall assist in planning and organizing coordinated research actions against the illicit production, trafficking, sale and distribution of narcotic drugs, psychotropic substances and chemicals and their related crimes. For the execution of operations resulting from the assistance provided for in this article, the Designated Authorities of each Party shall not exercise authority in the territory of the other Party.

2. In order to improve the cooperation provided for in this Supplementary Protocol, the Parties shall consider the appointment of liaison officers, an event in which their Designated Authorities shall jointly define the profile and functions to be performed.

3. This Supplementary Protocol shall not affect the rights and commitments arising from other existing international instruments between the Parties.

ARTICLE V

INFORMATION RESERVE

1. Any information communicated in any manner shall be confidential or reserved in accordance with the domestic law of each Party.

2. The information obtained shall be used only for the purposes of this Supplementary Protocol. In the event that one of the parties requires it for other purposes, it shall previously have the written authorization of the other Party and shall be subject to the restrictions imposed by it, in accordance with its domestic law.

3. The provisions of the preceding paragraph shall not impede the use of information in the context of judicial actions initiated by the Parties as a result of the illicit trafficking of narcotic drugs and psychotropic substances and their related offences. The use of such information and its results shall be communicated to the other Party.

ARTICLE VI

CONTROL AND FISCALIZATION OF WHOLE SUBSTANCES:

1. For the purposes of this Supplementary Protocol, any substance or mixture of chemicals used in the process of the illicit extraction, synthesis or manufacture of narcotic drugs and/or psychotropic substances of both natural and synthetic origin shall be understood by chemicals.

2. The Parties shall initiate consultations to identify and define, in accordance with their domestic legislation and common agreement within a period of one hundred and twenty (120) days, chemicals and mixtures of substances, taking into account in their countries the trends in illicit trafficking in such substances for the manufacture of narcotic drugs and/or psychotropic substances. Parties may periodically review and update the List of Substances.

3. Each time the parties of common agreement add chemicals or mixtures of substances to the List of Substances, they will confirm it by means of Diplomatic Notes. The requested Party shall have a term of three (3) months to express in writing the acceptance or refusal of the proposal for addition to the List of Substances. The Parties shall use diplomatic channels for this purpose.

4. The Parties shall cooperate with each other to ensure the control and monitoring of any transaction of chemicals on the List of Substances. They shall also inform the other Party of such operations where there are substantial grounds for believing that chemicals may be or are being diverted.

5. Parties shall verify that any transaction of chemicals is accompanied by all relevant documentation.

6. The Parties, through the Designated Authorities and to the extent of their possibilities, shall exchange information to identify suspicious transactions and only in cases indicating that chemicals may be diverted to the illicit manufacture of narcotic drugs and psychotropic substances, shall report the following:

6.1.- Amount of the chemical subject of the transaction, expressed in the decimal metric system;

6.2.- Name, address, telephone, fax, customers and activity of the intervening in the transaction.

6.3.- Transit routes of chemicals previously established to be used by those involved in the transaction;

6.4.- Chemical substances that are in transit through the territory of one of the Parties when directed to the territory of the other Party;

6.5.- Statistical data available regarding the supply and demand of chemicals.

6.6.- Any other data considered of interest

7. The Parties shall verify that any transaction of chemicals is accompanied by all documentation required by their domestic order.

8. The Designated Authority that receives from the other Party information on suspicious transactions shall verify through the Designated Authorities, the recipient or final consignee of the chemicals, in order to confirm that the chemicals will be used for legal purposes.

9. Chemicals will be identified with the names and classifications contained in the World Customs Organization (WCO) Harmonized Designation and Coding System. This system will also be used in statistical records and documents related to any customs transaction.

10. The Parties shall, in accordance with their domestic legal system and to the extent of their possibilities, report on authorizations, licences or permits granted, rejected or relocated in respect of transactions as well as on means of payment in which suspicious transactions of trade in chemicals have been made or have been carried out in order to make it available to the administrative or criminal investigations and proceedings initiated by the competent authorities of the other Party.

11. The Designated Authority of one Party may request the Designated Authority of the other, where there are substantial grounds for believing that chemicals may be or are being diverted, information on persons and organizations involved in the production, sale, import, export, re-export, distribution, transport and storage of chemicals. The requested Party shall respond to these requests, to the extent permitted by its domestic legal system.

12. The Parties through the Designated Authorities shall also share information and disclose the results obtained in the investigations and administrative or criminal proceedings initiated by the respective authorities, to the extent permitted by their domestic legal system. They shall also report on the interdiction activities that have been advanced as a result of mutual cooperation under this Supplementary Protocol.

13. The Designated Authority of one Party shall, prior to its submission, notify the Designated Authority of the other of any export or re-export operation of chemical substances under this Supplementary Protocol in the manner provided for in article 12, paragraph 10 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988.

Once this notification has been received, the importing Party shall confirm the possibility of shipment.

ARTICLE VII

DISIGNED AUTHORITIES

The Argentine Republic designates the Ministry of Justice and the Law to implement the provisions of this Supplementary Protocol. The Parties shall notify by diplomatic means of any modification in the designation of the authorities.

ARTICLE VIII

FINAL PROVISIONS

The Convention on Cooperation in the Prevention of the Indebted Use of Narcotic Drugs and Psychotropic Substances held between the Argentine Republic and the Republic of Colombia in the city of Bogotá on 28 April 1988 remains in force between the Parties in all that has not been modified by this Supplementary Protocol.

Any dispute arising on the interpretation or application of this Supplementary Protocol shall be resolved by the Parties through diplomatic channels and by means of settlement of disputes established in International Law.

This Supplementary Protocol may be denounced by either Party by notification to the other by diplomatic means. Its validity shall cease within six months of the date of receipt of such notification.

Applications that have been submitted at the time of denunciation of this Supplementary Protocol shall continue their proceedings without being affected by such denunciation.

The present Supplementary Protocol shall enter into force at thirty (30) days from the date of receipt of the last diplomatic note in which the Parties communicate compliance with the procedures required by their respective domestic legal systems.

SUSCRIPTION in the city of Buenos Aires, at 12 (12) days of the month of October of the year two thousand, in two original copies in Spanish, equally authentic.

(Signed)

For the Argentine Republic

ADALBERTO RODRIGUEZ GLAVARINI

Minister for Foreign Affairs, International Trade and Worship

(Signed)

For the Republic of Colombia

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Deputy Minister for Foreign Affairs