By Which It Approves The "treaty On Maritime Delimitation Between The Republic Of Colombia And Jamaica" Signed In Kingston On November 12, 1993

Original Language Title: Por medio de la cual se aprueba el "Tratado sobre delimitación marítima entre la República de Colombia y Jamaica", suscrito en Kingston el 12 de noviembre de 1993

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1993 ACT 90

(December 10)

Official Journal No. 41.132., December 10, 1993.

By means of which the " Treaty on maritime delimitation between

is approved

the Republic of Colombia and Jamaica, " signed in Kingston on November 12, 1993.

COLOMBIA CONGRESS

Having regard to the text of the "Treaty on maritime delimitation between the Republic of Colombia and Jamaica", signed in Kingston on 12 November 1993, which reads:

TREATY ON MARITIME DELIMITATION BETWEEN

THE REPUBLIC OF COLOMBIA AND JAMAICA

The Government of the Republic of Colombia and the Government of Jamaica,

Considering the traditional friendly ties between the two countries;

Recognizing the interest of both States in considering matters relating to the rational exploitation, management and conservation of their maritime areas, including the exploitation of living resources;

Recognising the interest both States have in concluding a Treaty on Maritime Delimitation;

Taking into account recent developments in the Law of the Sea;

Eager to delimit maritime areas between the two countries on the basis of mutual respect, equality of sovereignty and relevant principles of international law;

Have agreed to the following:

ARTICLE 1o. The maritime border between the Republic of Colombia and Jamaica is constituted by geodesic lines drawn between the following points:

Latitude (North) Length (West)

1. 14ø 29 '37 "78ø 38' 00"

2. 14ø 15 '00 "78ø 19' 30"

3. 14ø 05 '00 "77ø 40' 00"

4. 14ø 44 '10 "74ø 30' 50"

5. From point 4 the line of delimitation continues along a geodesic line in the direction of another point with cordenadas 15º 02 '00 "N 73º 27' 30" W, as far as the line of delimitation between Colombia and Haiti is intercepted by the line of delimitation that be agreed between Jamaica and Haiti.

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ARTICLE 2o. Where deposits or fields of hydrocarbons or natural gas are found on both sides of the line of delimitation laid down in Article 1o., they shall be operated in such a way as to the volumes of the resources extracted from those deposits or fields are proportional to the volume of the deposits or fields located on each side of the delimitation line.

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ARTICLE 3o.

1. Pending the determination of the jurisdictional boundaries between the Parties in the designated area below, the Parties agree to establish in this area a zone of joint administration, control, exploration and exploitation of living and non-living resources, in forward called "Common Regime Area";

a) The Common Regime Area is established by the figure described by the lines that join the following points in the order in which they are mentioned. The lines linking the points indicated will be geodesic lines unless specifically stated otherwise.

Longitude Latitude Point

(North) (West)

1. 16ø 04 '15 "79ø 50' 32"

2. 16ø 04 '15 "79ø 29' 20"

3. 16ø 10 '10 "79ø 29' 20"

4. 16ø 10 '10 "79ø 16' 40"

5. 16ø 04 '15 "79ø 16' 40"

6. 16ø 04 '15 "78ø 25' 50"

7. 15ø 36 '00 "78ø 25' 50"

8. 15ø 36 '00 "78ø 38' 00"

9. 14ø 29 '37 "78ø 38' 00"

10. 15ø 30 '10 "79ø 56' 00"

11. 15ø 46 '00 "80ø 03' 55"

The boundary of the Common Regime Area continues along the 12 nautical mile radius arc, measured from a point in 15º 47 '50 "N 79º 51' 20" W, passing to the West of the Serranilla Keys to the point 15º 58 '40 "N 79º 56' 40" W. is then closed by a geodesic line to point 1.

(b) The Area of the Common Regime excludes the sea area between the keys of the Serranilla bank within the outer circle of 12 nautical miles of radius measured from the point 15º 47 '50 "N 79º 51' 20" W in such a way that Pass through points 15º 46 '00 "N 80º 03' 55" W and 15º 58 '40 "N 79º 56' 40" W.

(c) The Common Regime Area also excludes the sea area comprised around the Lower New Keys within the outer circle of the outer circle of 12 nautical miles of radius measured from point 15º 51 '00 "N 78º 38' 00" W.

2. In the Area of Common Regime the Parties may carry out the following activities:

(a) The exploration of the area and the economic exploitation of the natural resources, both living and non-living, of the suprayacent waters to the bed and the bed and the subsoil of the sea, and other activities for the economic exploration and exploitation of the Area of Common Regime.

b) The establishment and use of artificial, facilities and structures.

c) Marine scientific research.

d) The protection and preservation of the marine environment.

e) The conservation of living resources.

(f) The measures authorised by this Treaty or those that may otherwise be agreed by the Parties to ensure compliance and enforcement of the regime established by this Treaty.

3. Activities relating to the exploration and exploitation of non-living resources as well as those referred to in ordinal (c) and (d) of number 2 shall be carried out on joint bases agreed by both Parties.

4. The Parties shall not authorise third States and international organisations or vessels of such States and organisations to carry out any of the activities referred to in numeral 2. This does not prevent a Party from entering, or authorise, agreements for leases, licences, joint investments and technical assistance programmes, in order to facilitate the exercise of the rights referred to in numeral 2, in accordance with the procedures laid down in Article 4.

5. The Parties agree that in the Area of Common Regime each has jurisdiction over its nationals and ships flying its flag or over which it exercises administration and control, in accordance with international law.

In case a Party claims that nationals or vessels of the other have infringed or are in violation of the provisions of this Treaty or any of the measures taken by the Parties for its implementation, the Party that claims the violation You will need to address the other, to start consultations with a view to reaching a friendly solution within a 14-day term.

The receipt of the complaint, the Party to which it is addressed, shall, without prejudice to the consultations referred to in the preceding paragraph:

(a) In the case of a complaint concerning an infringement that has been committed, it will be ensured that the activities subject to the complaint are not repeated.

b) In the case of a complaint concerning an infringement being committed, it will ensure that the activities subject to the complaint are suspended.

6. The Parties agree to take measures to ensure that third-country nationals and ships comply with the regulations and measures adopted by them to implement the activities identified in the numeral 2.

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ARTICLE 4o.

1. The Parties agree to establish a joint commission, hereinafter referred to as "the Joint Commission", which shall develop the modalities for the implementation and implementation of the activities identified in the numeral 2 of the article 3, the measures adopted in accordance with Article 3 (6). and carry out any other function that may be assigned to it by the Parties for the purpose of implementing the provisions of this Treaty.

2. The Joint Commission shall be composed of a representative of each Party who may be assisted by the advisers deemed necessary.

3. The conclusions of the Joint Commission shall be adopted by consensus and shall only constitute recommendations for the Parties. Once adopted by the Parties, the conclusions of the Joint Commission shall be binding on them.

4. The Joint Commission shall commence its work immediately in force of this Treaty and shall, unless the Parties agree otherwise, conclude the tasks identified in the numeral 1 of this Article within six months from the beginning of the of your job.

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ARTICLE 5o. The geodetic Datum is based on the World Geodetic System (1984).

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ARTICLE 6o. Only for illustrative purposes, the delimitation line and the Common Regime Area are shown in the letter U.S. Defense Mapping Agency Chart 402 that is attached. In case of differences between the letter and the coordinates, the latter will prevail.

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ARTICLE 7o. Any dispute between the Parties on the interpretation or application of this Treaty shall be settled by agreement between the two countries, in accordance with the means of peaceful resolution of the International law disputes.

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ARTICLE 8o. This Treaty is subject to ratification.

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ARTICLE 9o. This Treaty will enter into force on the date of the exchange of the instruments of ratification.

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ARTICLE 10. Made in Spanish and English, both texts being equally authentic.

In faith of which the Foreign Ministers

of the two countries subscribe to this Treaty.

Made in Kingston on November 12, 1993.

By the Government of the Republic of Colombia,

NOEMI SANIN,

Minister of Foreign Affairs,

by the Government of Jamaica,

PAUL DOUGLAS ROBERTSON,

Minister of Foreign Affairs and Foreign Trade.

The undersigned Head of the Legal Office

of the Foreign Ministry.

NOTES:

This is a photocopy of the original text of the "Treaty on Maritime Delimitation between the Republic of Colombia and Jamaica", signed in Kingston, on 12 November 1993.

Dada en Santafe de Bogota, D.C., a los twenty-four

days of the month of November 1993.

The Head of the Legal Office,

HECTOR ADOLFO SINTURA VARELA.

Executive Branch of the Public Power-Presidency of the Republic

Approved. Submit to the honorable consideration

National Congress for Constitutional Effects.

(Fdo.) CESAR GAVIRIA TRUJILLO

The Foreign Minister,

(FDO.) NOEMI SANIN DE RUBIO.

DECRETA:

ARTICLE 1o. Approve the "Treaty on maritime delimitation between the Republic of Colombia and Jamaica", signed in Kingston, on 12 November 1993.

ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Treaty on delimitation between the Republic of Colombia and Jamaica", which, by the first article of this Law, is approved, will force the country from the date on which the international link with respect to it is perfected.

ARTICLE 3o. This Law governs from the date of its publication.

The President of the honorable Senate of the Republic,

JORGE RAMON ELIAS NADER.

The Secretary General of the Honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the Honorable House of Representatives,

JOSE JATTIN SAFAR.

The Secretary General of the Honorable House of Representatives,

DIEGO VIVAS TAFUR.

Republic of Colombia-National Government

Contact, publish, and execute.

Upon review by the Constitutional Court,

as provided for in Article 241-10

of the Political Constitution.

Dada en Santafe de Bogota, D.C., at ten (10) days

of the month of December of a thousand nine hundred and ninety-three (1993).

CESAR GAVIRIA TRUJILLO

The Foreign Minister,

NOEMI SANIN DE RUBIO.

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