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The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
ARTICLE 1 Appropriate the COOPERATION AND MUTUAL ASSISTANCE AGREEMENTS INTERAMERICAN PORTUARIAN AUTHORITIES, adopted in Santo Domingo .REPUBLICA DOMINICA el on December 5, 2001, which consists of VEINTISIETE (27) articles, whose authenticated photocopy is part of this law. ARTICLE 2 Contact the national executive branch.AT THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, ON 5 NOVEMBER 2003.
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EDUARDO O. CHANGE. . JOSE L. GIOJA. . Eduardo D. Rollano. . Juan Estrada.
COOPERATION AND MUST ASSISTANCE AGREEMENT OF INTERAMERICAN PORTUARY AUTHORITIES
Santo Domingo (DOMINICAN REPUBLIC)
5 December 2001
COOPERATION AND MUST ASSISTANCE AGREEMENT OF INTERAMERICAN PORTUARY AUTHORITIES
PREAMBULO
THE MEMBER STATES OF THE INTER-AMERICAN COMMISSION OF PUERTS (IPU),
CONSIDERING:
That the Charter of the Organization of American States (OAS) establishes as one of its central objectives the promotion, through cooperative action, of the eco-comic, social and cultural development of its member States;
That the Inter-American Commission on Ports of the Inter-American Council for Integral Development (CIDI) of the Organization of American States has as its fundamental objective to serve as a permanent inter-American forum of the member States of the OAS for the strengthening of hemispheric cooperation for the development of the port sector, with the active participation and collaboration of the private sector, and implements its activities taking into account the priorities of the Strategic Plan for Solidarity Cooperation of CIDI;
That the Inter-American Port Conference, the predecessor of the CIP., at its 8th meeting, held in San Pedro Sula, Honduras in 1993, approved Resolution CIES/PUERTOS/ Res. 4 (VIII-93), by which it recommended that member States adopt a system of cooperation and mutual assistance between the inter-American port authorities. That for that purpose, the Technical Secretariat submitted in 1994 a draft Agreement to the Standing Technical Committee of Ports, and that, after studying and reviewing it, at its seventeenth meeting held in Barbados in June of 1995, it adopted resolution COM/PUERTOS/Res. 10 (XVII-95), which approved the draft Agreement on Mutual Cooperation and Assistance between the Inter-American Harbour Authorities, entrusting it to the Technical Secretariat;
That economic openness, trade liberalization, economic integration processes and the modernization of the public administration that the inter-American countries live, make the transfer of experiences and the exchange of ideas and methodologies among them require expedited procedures, mutual support and implementation of the macroeconomic changes that the world is experiencing and that, likewise, encourage cooperation, as a basic tool that strengthens inter-American relations,
That the member states are aware of the need to modernize and adapt the inter-American port systems, in order to have flexible, fast, safe and economic services that facilitate international trade, so they have resolved to unify their efforts, opening up various alternatives of cooperation that allow them to accelerate the processes of modernization, for which it is necessary to establish a framework regulation that is deemed appropriate to be governed by the rules of the following "Portue of Cooperation and Mut Assistance"
CHAPTER I
DEFINITIONS
Article 1. For the purposes of the Agreement, the following definitions should be kept in mind:
a. National Port Authority: the government agency of the member states responsible for administering, supervising or coordinating the national harbour system.
b. Port Administration: the public or private agency responsible for the administration of a port or a set of ports in a member State.
c. Member States: all those who are part of the Organization of American States (OAS).
d. States Parties: all those who have consented to be bound by this Agreement, having expressed their consent in accordance with any of the procedures provided for in Article 21, as required by their respective laws.
e. Commission: the Inter-American Commission on OAS Ports.
f. Executive Committee: the policy-making body of the Commission.
g. IPF Secretariat: OAS General Secretariat Unit, responsible for providing the IPF with the services provided for in the IPF Regulation, approved by ICID.
CHAPTER II
OBJECTIVES AND ACTION CHANGE
Article 2. The Agreement is aimed at promoting cooperation and mutual assistance in all areas of port-making; those aimed at helping member States to have modern, flexible, economically productive, efficient, fast and secure port systems; and at facilitating the adoption of an inter-American port policy compatible with inter-American integration efforts and processes.
Article 3. The Agreement covers all areas of port work related to policy, standardization, administration, investments, tariff, automation, marketing, operations, security, environment, human resources and other topics related to port modernization.
CHAPTER III
GENERAL MODALITIES OF THE COOPERATION AND MUTUAL ASSISTANCE
Article 4. The cooperation and mutual assistance of the Agreement shall be provided through the exchange of information and documentation, direct technical assistance, and the training and training of staff.
Article 5. The States Parties, through it. National Port Authority shall designate a Liaison Office and a Liaison Officer responsible for the implementation of the Agreement. This information will be provided or in writing to the IPF Secretariat for regular compilation and distribution between the liaison offices of States Parties.
CHAPTER IV
INFORMATION AND DOCUMENTATION
Article 6. The States Parties shall collect and maintain an ongoing compendium of information and documentation on the areas of port work.
Article 7. States Parties shall promote a permanent exchange of the compendium of port information and documentation.
Article 8. The States Parties shall submit annually to the IPF Secretariat the compendium of information and documentation in the areas of the harbour making, which shall be of public use in order to make it subject to their budget availability, be regularly disclosed and published. Likewise, with such information and documentation, the CIP Secretariat must form an Inter-American Harbour Data Bank. All States Parties shall have direct access to the data bank upon written request to the IPF Secretariat.
Article 9. States Parties shall cooperate with each other, providing information and documentation, upon the written request of the Liaison Office of a State Party, designated under Article 5. The information and documentation provided by States Parties shall be of public use, unless the State making the submission makes provision otherwise.
CHAPTER V TECHNICAL ASSISTANCE
Article 10. States Parties shall provide direct technical assistance, assigning, for this purpose, national experts to carry out consultancies, consultancies, educational activities, to participate in special events, and to perform other forms of assistance in the different areas of the port. Conditions for direct technical assistance shall be established by specific agreements between the States Parties involved.
Article 11. The State Party wishing to obtain the provision of direct technical assistance from another State Party that is willing to provide it shall be communicated in written form, with sufficient anticipation and specifying the following information: (a) objective of direct technical assistance; (b) expected final product; (c) requirements and number of required experts; (d) place where technical assistance, duration and dates of the same shall be carried out; (e) provision of mobility and other terms; The State party which is willing to provide the required direct technical assistance undertakes to formally reply to the request within no longer than 30 calendar days of receipt of the request. States Parties, through the National Port Authority Liaison Offices, shall establish conditions for the cost of direct technical assistance.
Article 12. The States Parties undertake to send to the CIP Secretariat the vitae vitae of national port experts so that it establishes and maintains in force a Bank of Inter-American Port Experts Data. The information of this data bank will be available to States parties.
Article 13. The IPF Secretariat shall recommend to States parties, where required, the general rules and economic conditions that they shall govern in the implementation of these direct technical assistance activities, in order to ensure that they are realized at reasonable costs and within a spirit of cooperation and mutual assistance among States Parties.
Article 14. The IPF Secretariat shall, where necessary, request the cooperation in human, material and economic resources of regional and international cooperation agencies, both public and private, to develop and strengthen the direct technical assistance programmes required by States parties.
CHAPTER VI
Training and training of staff
Article 15. The training and training of the staff of the port area of the States Parties is one of the main forms of cooperation and mutual assistance, which will be carried out through courses, seminars, workshops, internships, practices in the workplaces, and other modalities on the areas of port work.
Article 16. The States Parties undertake to promote the development in their territories of training and training of port area staff at the regional and inter-American levels, to the extent of their possibilities.
Article 17. States Parties should give high priority to the training and training of their port staff in the activities organized by the IPF Secretariat, as well as in those activities carried out in other member States.
CHAPTER VII
NATIONAL AND SECRETARY-GENERAL OF THE IPF
Article 18. The National Port Authorities will provide the cooperation required to achieve the objectives of this Agreement. To this end, the Liaison Office shall, and through it, undertake to maintain a close link with the Harbour Administrations of your country, providing them with the relevant information of this Agreement, and to ensure faithful compliance with the provisions enshrined therein. They will also maintain a smooth communication with the Liaison Offices of the other States Parties and with the IPF Secretariat.
Article 19. The IPF Secretariat, in addition to the functions entrusted to it in the preceding articles, shall, in accordance with its budgetary possibilities, be the agency responsible for maintaining a permanent channel of communication with the National Port Authorities and the Liaison Offices of each State Party, and shall have the attribute of proposing modifications to the terms of cooperation and mutual assistance of this Agreement. The IPF Secretariat will also monitor and continue the implementation of this Agreement and the periodic review of its standards and results.
CHAPTER VIII
PROCEDURES TO BE PART IN THE AGREEMENT
Article 20. The present Agreement, after being adopted by the majority of member States at a plenary meeting of the Commission, will be open for signature by IPF Member States.
Article 21. In accordance with the provisions of their respective laws, Member States may become parties to this Agreement by:
a. The signature is not subject to ratification, acceptance, or approval;
b. signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval, or
c. Accession.
Ratification, acceptance, approval or accession shall be made by depositing the corresponding instrument in the General Secretariat of the Organization of American States, as Depositary.
Article 22. States Parties may make reservations to this Agreement at the time of signing, adopting, ratifying or acceding to it, provided that reservations are not incompatible with the object and purposes of the Agreement and are concerned with one or more specific provisions.
CHAPTER IX
MODIFICATION AND CONTROVERSAL SOLUTION
Article 23. Reforms to this Agreement may only be adopted at a plenary meeting of the Commission, with the consent of most States parties. The reforms shall enter into force in the same terms and in accordance with the procedures set out in article 21. Instruments containing the amendments shall be added as annexes to this Agreement.
Article 24 Any dispute arising in connection with the application or interpretation of this Agreement or in the implementation of the related activities shall be resolved by direct negotiation between the States Parties concerned. Disputes that cannot be resolved through direct negotiation shall be subject to the arbitral proceedings agreed upon by the States concerned.
CHAPTER X
IN VIGOR AND DURATION
Article 25. This Agreement shall enter into force on the thirtieth day from the date on which two States have become parties. As for the remaining States, it shall enter into force on the thirtieth day from the date on which States have consented in accordance with any of the modalities provided for in article 21.
Article 26. This Agreement shall govern indefinitely, but any State Party may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year of the complaint, the Agreement shall cease its effects on the reporting State, remaining to the other States Parties.
CHAPTER XI
DEPOSITE OF THE ORIGINAL INSTRUMENT
Article 27. The original instrument of this Agreement, whose Spanish, French, English and Portuguese texts are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall send a certified copy of its text for registration and publication to the General Secretariat of the United Nations, in accordance with Article 102 of its Charter. The General Secretariat of the Organization of American States shall notify the Member States of the IPF of the signatures, deposits of instruments of ratification, acceptance, approval, accession and denunciation and the reservations made to this Agreement, as well as the reforms thereto.
