Law 10 of 1992
Official Gazette No. 40508 of 21 July 1992.
Through which the Convention establishing the Customs Cooperation Council, signed in approving Brussels on 15 December 1950 Summary
THE CONGRESS OF COLOMBIA
having regard to the text of the Convention creating the Customs Cooperation Council, signed in Brussels on 15 December 1950, which reads:
"AGREEMENT TO CREATE THE COOPERATION COUNCIL ADUANERA.
Signed in Brussels on 15 December 1950.
the signatory governments of this Convention, considering it is advisable to ensure the highest degree of harmony and uniformity in their customs systems and especially the study of inherent problems the development and progress of customs technique and customs legislation related to it, convinced that it will benefit from international trade to promote cooperation between Governments in these matters, taking into account technical and economic factors involved in them; they have agreed as follows: ARTICLE 1o one
Customs Cooperation Council hereinafter called "the Council" is created
ARTICLE 2. a) the members of the Council:...
( i) the Contracting Parties to this Convention (or Convention);
(Ii) The Government of any separate customs territory with respect to its external commercial relations which has been commissioned by the Contracting Party of the official responsibility of diplomatic relations of that territory and whose admission to membership by other is approved by the Council.
B) Any Government of a previous separate customs territory, Member of the Council under paragraph (a), (ii) cease to be a Member of the Board by giving notice to the Council of retirement by the Contracting Party to be responsible the official responsibility of their diplomatic relations.
C) Each member of the Council shall appoint one delegate and one or more alternate delegates to represent him on the Board. These delegates may be assisted by advisers (or advisors).
D) The Council may admit into its midst, as observers, representatives of non-member countries or international organizations.
ARTICLE 3. The Council shall be responsible for:
a) Studying all matters relating to customs cooperation which the Contracting Parties have agreed to promote in accordance with the general objectives of this Convention;
B) examine the technical aspects of customs systems as well as the economic factors related thereto with a view to proposing to its Members practical means to achieve the highest degree of harmony and uniformity;
C) To prepare draft Conventions and amendments to Conventions and recommend the adoption of the Governments concerned;
D) make recommendations to ensure uniform interpretation and application of the agreements concluded as a result of their work the same as the Conventions related to the nomenclature for the classification of goods in customs tariffs and the Convention on the customs value of goods prepared by the Study Group of the European Customs Union, and for that purpose, fulfill the functions expressly assigned by the provisions of these Conventions;
E) Make recommendations as a conciliatory body for adjustment or settlement of disputes arising in connection with the interpretation or application of the agreements mentioned in the previous paragraph d) in accordance with the provisions of such agreements; interested parties may by mutual agreement, commit in advance to accept the recommendations of the Council;
F) Ensure dissemination of information related to technical regulations and customs;
G) On its own initiative or at the request provide the Governments concerned, information or advice on customs matters within the general objectives of this Convention and make recommendations thereon;
H) Cooperate with other intergovernmental organizations in relation to matters within its competence.
ARTICLE 4. Council Members provide to its request, information and documentation necessary for the performance of their duties stating however that no member of the Council may be forced to disclose confidential information, the disclosure of which would prevent the application of its legislation or which otherwise is contrary to public interest or would prejudice the legitimate commercial interests of any public or private company.
The 5th ITEM. The Council shall be assisted by a Permanent Technical Committee and a Secretary General.
A) The Council shall elect annually among the delegates its President and at least two Vice-Presidents;
B) its rules of procedure shall be established by a majority of two thirds of its members;
C) Nomenclature Committee in accordance with the provisions of the Convention on Nomenclature for the classification of goods in customs tariffs will be established, the same as a Valuation Committee (or evaluation) as stipulated by the provisions of Convention on the value (or value) of the goods to customs. You can also create other committees as it deems necessary for the implementation of the agreements referred to in Article III d), or for any other purpose within its competence;
D) It shall determine the tasks to be assigned to the Permanent Technical Committee and the powers (or powers) delegated to it;
E) approve the annual budget, control expenses and deliver to the Secretary General the necessary information regarding their finances.
A) The Council's headquarters will be established in Brussels;
B) The Council, the Permanent Technical Committee and any committees established by the Council may meet in a place other than the seat of the Council, if it so decides;
C) The Council shall meet at least twice a year; The first meeting will take place no later than three months after the entry into force of this Convention.
A) Each Board member shall have one vote; however no member may participate or vote on issues relating to the interpretation and application of the previous existing agreements, under Article III d), which are not applicable or on amendments relating to these agreements;
B) Except as provided in Article VI b), the Council's decisions shall be taken by a majority of two thirds of the members present and entitled to vote. The Council will not take any decision on any matter unless more than half of the members entitled to vote with respect to this matter are present.
A) The Council shall establish with the United organs and its subsidiaries and its specialized agencies, as well as any other appropriate intergovernmental body those to ensure better cooperation in achieving their respective tasks relationships.
B) The Council may make arrangements necessary to facilitate consultation and cooperation with interested non-governmental organizations in relevant matters within its competence.
a) The Permanent Technical Committee will consist of representatives of the Members of the Council. Each member of the Council may nominate one delegate and one or more alternates to represent them on the Committee. Representatives will be specialized in matters of customs officials technique. They may be assisted by experts.
B) The Permanent Technical Committee shall meet at least 4 times a year.
a) The Council shall appoint a Secretary General and a Deputy Secretary General whose functions, duties, administrative conditions and terms of their functions shall be determined by the Council;
B) The Secretary General shall appoint the administrative staff of the General Secretariat. Effective and staff regulations will be presented for approval by the Council.
a) Each member of the Council shall bear the expenses of its own delegation to the Council, the Permanent Technical Committee and the Committees established by the Council;
B) The expenses of the Council shall be paid by its members and distributed according to the scale set by the Council;
C) The Council may suspend the right to vote of any member who fails to pay its financial obligations within three months after being notified thereof;
D) Each Member of the Board paid in full the annual fee for the financial year during which he became a member of the Council, as well as the year during which the notification became effective retirement.
a) The Council shall enjoy in the territory of each of its Members of the legal capacity necessary for the exercise of their functions, as indicated in the Annex to this Convention;
B) The Council, the representatives of its Members, the advisers and experts appointed to second them, officials of the Council enjoy the privileges and immunities specified in the Annex;
C) Annex to this Convention shall integral part thereof and any reference to the Convention shall be considered or applied equally to this Annex.
Article 14. The Contracting Parties shall accept the provisions of the Protocol on the Study Group for the European Customs Union, opened for signature in Brussels on the same date of this Agreement.
To determine the scale (or scale) the contributions provided by Article XII b), the Council will consider the participation of its members in the study group.
ARTICLE 15. This Agreement is open for signature until March 31, 1951.
a) This Agreement shall be subject to ratification;
B) The instruments of ratification will be presented (or deposited) to the Ministry of Foreign Affairs of Belgium, which shall notify such deposit to all the signatory governments and affiliates as well as the Secretary General.
a) This Agreement shall enter into force after seven of the signatory Governments have deposited their instruments of ratification;
B) any signatory Government depositing (or present) its instrument of ratification subsequently, the Convention shall enter into force on the date of submission of its instrument of ratification.
a) The Government of any State not signatory to this Convention may accede to it as from 1. April 1951;
B) The instruments of accession will be presented (or deposited) to the Ministry of Foreign Affairs of Belgium which shall notify such deposit to all the signatory governments and affiliates, as well as the Secretary General;
C) This Agreement shall enter into force for any member government to the date of the deposit of its instrument of accession, but not before its entry into force in accordance with the provisions of Article XVII).
ARTICLE 19. This Agreement shall be of unlimited duration, but at any time after the expiration of five years from its entry into force under Article XVII a), any Contracting Party may withdraw from it. The withdrawal will be effective after one year after receipt of the notification of withdrawal by the Ministry of Foreign Affairs of Belgium. The Ministry of Belgium shall notify each withdrawal to all signatory governments and members (or members) as well as the Secretary General.
a) The Council may recommend (or suggest) Contracting Parties on amendments to this Convention;
B) Any Contracting Party accepting an amendment shall notify in writing their acceptance to the Ministry of Foreign Affairs of Belgium and the latter shall notify all signatory and acceding governments (or affiliates) as well as the Secretary-General on the receipt of notification acceptance;
C) An amendment shall enter into force three months after notifications of acceptance of all Contracting Parties have been received by the Ministry of Foreign Affairs of Belgium. When an amendment has been accepted by all Contracting Parties, the Ministry of Foreign Affairs of Belgium shall notify all signatory and acceding governments, as well as the Secretary General about such acceptance and the date of its entry into force;
D) After an amendment has entered into force, no Government may ratify or accede to this Convention unless it also accepts the amendment.
In witness whereof, the undersigned, being duly authorized by their respective Governments have signed this Agreement.
Done in Brussels on 15 December 1950 in English and French languages, both texts being equally authentic, in one original, which will be deposited in the archives of the Government of Belgium, which shall transmit certified copies to each one of the signatory and acceding governments.
For Germany: v. Maltzan.
For Belgium: Paul van Zeeland.
For Denmark: Bent Falkenstjerne.
For France: J. de Hauteclocque.
For Great Britain and Northern Ireland. JH Le Rougetel.
For Greece: Mr Capsalis.
For Iceland: Péter Benedktsson.
For Italy: Pasquale Diana.
For Luxembourg: Robert Als.
For Norway: Johan Georg Raeder.
For Netherlands: G. van Blokland Beelaerts.
For Portugal: Eduardo Vieira Litao.
For Sweden: G. Reuterskiold.
For Switzerland: For Turkey
ANNEX Legal Capacity, Privileges and Immunities of the Council.
ARTICLE 1o. DEFINITIONS.
Section I. For the purposes of this Annex:
(I) For the purposes of Article III, the words "property and assets" shall also apply to goods and administered by the Council in fulfilling its functional powers funds.
(Ii) For the purposes of Article V, the expression "representatives of Members" shall be deemed to include all representatives, alternates, advisers, technical experts and secretaries of delegations.
. LEGAL PERSONALITY.
The Council shall have legal personality. You have the ability to:
B) to acquire and dispose of movable and immovable property;
C) Litigation or initiate processes.
In these matters the Secretary shall act on behalf of the Council.
ARTICLE 3. PROPERTY, FUNDS AND ASSETS.
The Council, its property and assets, wherever they are located and by whomsoever held, shall enjoy immunity from jurisdiction, except in the case where it has waived in any particular case. However it is understood that the waiver shall not extend to any implementing measures.
Council facilities shall be inviolable.
Their property and assets, wherever they are located and by whomsoever held as may be exempt from requisitioning, registration, confiscation, expropriation and any other form of executive, administrative, judicial or legislative coercion.
The archives of the Council and in general all documents belonging to it, or held by it, shall be inviolable wherever that dwell located.
Without being limited (or restricted) by any control, regulation or financial moratorium:
a) The Council may hold currency of any kind and operate accounts no matter what currency;
B) The Council may freely transfer its funds from one country to another or within any country and convert any currency held by it into any other currency.
In the exercise of their rights granted under the previous section 6, the Council give due consideration to any representations made by any of its members and take effect such representations to the extent that it considers may do not be detrimental to their own interests.
The Council, its assets (or assets), income and other property shall be:
a) exempt from all direct taxes. It is understood however, that the Council will not claim exemption from taxes, which in fact constitute mere remuneration for public utility services;
B) exempt from all customs duties and prohibitions and restrictions on imports or exports relative to imported or exported by the Council for its official use. It is understood however, that articles imported under such exemption will not be sold in the country in which they were introduced, except under the conditions agreed by the Government of that country;
C) exempt from all customs duties and prohibitions or restrictions regarding their publications.
While the Council has not claimed, as a general rule, the exemption of indirect taxes (or consumption) tax and the sale of movable and immovable property, while made for official use, substantial purchases the price includes duties and taxes of this nature, Council members, whenever they were possible, make appropriate administrative arrangements with a view to the remission or return of the amount of these duties and taxes.
ARTICLE 4. Communications facilities.
The Council for its official communications enjoy in the territory of each of its members treatment no less favorable than that accorded by that Member to any other Government, including the latter's diplomatic mission, in terms of priorities, rates and taxes on mail, cables, telegrams, radiograms, telephotos, telephone and other communications, as well as on tariffs for information to the press and radio.
The official correspondence and other official communications of the Council shall not be subject to censorship.
This section shall in no way be interpreted as an impediment to the adoption of appropriate security precautions to be determined by agreement between the Council and any of its members.
The 5th ITEM. REPRESENTATIVES OF MEMBERS.
At meetings of the Council, the Permanent Technical Committee and of the Board Committees, representatives of its members shall enjoy the following privileges and immunities while performing their functions and during the course of their journeys to and from the place meeting:
a) immunity from personal arrest or detention and from seizure of their personal baggage, and with regard to words spoken or written in all acts done by them in their official capacity, immunity from jurisdiction;
B) inviolability of all papers and documents;
C) The right to use codes and to receive documents or correspondence by mail or bag;
D) exemption for themselves and their spouses with respect to all restrictive measures on immigration or alien registration requirements in the country in which they are visiting or through which they are passing on the occasion the performance of its functions;
E) the same facilities in respect of currency or exchange restrictions as agreed to representatives of foreign governments on temporary official missions;
F) The same immunities and facilities in respect of their personal baggage as agreed for members of diplomatic missions range (or category) comparable.
In order to ensure the representatives of Council Members at meetings of the Council, the Permanent Technical Committee and committees of the Council complete freedom of speech and complete independence in the discharge of their functions, immunity jurisdiction with regard to words spoken or written and all acts performed by them in the performance of their duties, will remain even if the mandate agreed (or performance) of these people already finished.
The privileges and immunities shall be agreed for the representatives of members, not for the personal benefit of the same, but in order to safeguard full independence in the performance of their duties in relation to the Council. Consequently, a member will have not only the right but the duty to waive the immunity of its representatives in any case where, for consideration by the member, the immunity would impede the course of justice and where immunity could be waived without prejudice the purposes for which it was agreed.
The provisions of sections 12 and 13 do not apply to the authorities of the State to which the person belongs, or which is or has been a representative.
ARTICLE 6o. OFFICIALS OF THE COUNCIL.
The Council shall determine the categories of officials to which the provisions of this article apply.
The Secretary General shall inform the Members of the Council the names of the officials included in these categories.
a) shall enjoy immunity from jurisdiction for acts performed by them (promises regarding oral or written) in the performance of their functions and within the limits of its powers (competition) ;
B) shall be exempt from all taxes on salaries and emoluments paid to them by the Council;
C) not be submitted, together with their spouses and family members and dependents, restrictive immigration measures, or registration procedures for foreigners;
D) With respect to exchange facilities they enjoy the same privileges of members of diplomatic missions;
E) In times of international crisis shall like her spouse and their dependent family members (or charge), the same repatriation facilities as members of diplomatic missions of such category;
F) have the right to import duty free their furniture and effects occasion of his first taking office (charge) in the country concerned, and returning such effects and furniture free of tax to their country of residence to the termination of their duties.
Addition to the privileges and immunities provided in section 17, the Secretary General of the Council, both with regard to himself, his wife and children under 21, enjoy the privileges and immunities, exemptions and facilities agreed under international law to heads of diplomatic missions.
The Assistant Secretary General shall enjoy the privileges, immunities, exemptions and facilities agreed to diplomatic representatives of such category (or similar rank).
The privileges and immunities shall be accorded to officials solely for the benefit of the Council and not for personal gain. The Secretary General may and shall waive the immunity granted to an official in any case where in his opinion, the immunity would impede the course of justice and where immunity can be waived without prejudicing the interests of the Council. In the case of the Secretary General, the Council shall have the right to waive immunity.
ARTICLE 7. EXPERTS ON MISSION FOR THE COUNCIL.
Experts (other than officials referred to in Article VI) performing missions for the Council, they are granted them such privileges, immunities and facilities as may be necessary for the exercise of their functions during the period of their missions, including the time spent on journeys in connection with their missions, and
in particular they will be granted:
a) Immunity from personal arrest or detention and from seizure of their baggage;
B) Immunity from legal process with respect to acts performed by them and comprising oral or written promises in the exercise of their missions and within the limits of its powers or competence.
C) inviolability of all papers and documents.
The privileges, immunities and facilities are granted to experts in the interests of the Council and not for personal gain. The Secretary General may and shall waive the immunity granted to an expert in any case where in his opinion such immunity would impede the course of justice and in the case where it could be waived without prejudice to the interests of the Council.
Article 8. ABUSE OF PRIVILEGE.
Representatives of members at meetings of the Council, the Permanent Technical Committee and committees of the Council during the course of their duties and during their travel to destination or from the place of the meeting, as officials indicated in section 16 and section 20, it shall not be required to them by the territorial authorities to leave the country in which they are performing their duties due to any of the activities performed by them in their official capacity. However, in the case of abuse of privileges of residence committed by any such person within the activities carried on outside the official competition, he may be coerced to leave the country by the government of that country stating that:
(i ) representatives of Council members or persons who are entitled to diplomatic immunity under the terms of section 18 will not be coerced to leave the country, differently from that agreed in the diplomatic procedure applicable to the sent diplomats accredited to that country.
(Ii) In the case of an official to whom does not apply section 18, any expulsion decision will be taken without the approval of the Ministry of Foreign Affairs of the country concerned, approval shall be issued after consultation with the Secretary General of the Council; and if expulsion proceedings is brought against an official, the Secretary General of the Council shall have the right to intervene in that process on behalf of the person against whom it was established.