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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LAW 90 OF 1993
(December 10)
Official Gazette No. 41,132., Dec. 10, 1993.
Through which approved the "Treaty on maritime delimitation between the Republic of Colombia
and Jamaica ", signed at Kingston on 12 November 1993. Summary

Term Notes
THE CONGRESS OF COLOMBIA
having regard to the text of the "Treaty on maritime delimitation between the Republic of Colombia and Jamaica", signed in Kingston on November 12, 1993, which reads:
TREATY MARITIME DELIMITATION bETWEEN tHE REPUBLIC oF COLOMBIA
and
JAMAICA the Government of the Republic of Colombia and the Government of Jamaica,
Considering the traditional ties of friendship existing between the two countries;
Recognizing the interest of both states to consider matters relating to the rational exploitation, management and conservation of its maritime areas, including the exploitation of living resources;
Recognizing the interest that both countries have in concluding a Treaty on Maritime Delimitation;
Given recent developments in the Law of the Sea;
Desiring to delimit the maritime areas between the two countries based on mutual respect, equal sovereignty and relevant principles of international law;
Have agreed as follows:

ARTICLE 1o. The maritime border between the Republic of Colombia and Jamaica is constituted by geodesic lines drawn between the following points:
Latitude (North) Longitude (West)
1. 14o 29 '37' 78 '38' 00 "
2. 14o 15 '00' 78 '19' 30 "
3. 14o 05 '00 "77o 40' 00"
4. 14o 44 '10 "74o 30' 50"
5. From point 4, the delimitation line continues along a geodesic line towards another point cordenadas 15 ° 02 '00 "N 73º 27' 30" W, as far as the delimitation line between Colombia and Haiti is intercepted by the delimitation line otherwise agreed between Jamaica and Haiti.
Article 2.
. Where deposits or fields of oil or natural gas are on both sides of the delimitation line established in article 1., Should be exploited so that the distribution of the volumes of the resource extracted from said deposits or fields is proportional the volume of deposits or fields located on each side of the delimitation line.

ARTICLE 3.
1. Until the jurisdictional boundaries between the Parties to the area designated below are determined, the Parties agree to establish therein a zone of joint management, control, exploration and exploitation of living and non- living resources, hereinafter called "Joint Regime Area ";
A) The Joint Regime Area, is established by the figure described by the lines connecting the following points in the order mentioned. The lines connecting the above points are geodesic lines unless specifically stated otherwise. Point Latitude Longitude

(North) (West)
1. 16o 04 '15' 79 '50' 32 "
2. 16o 04 '15' 79 '29' 20 "
3. 16o 10 '10' 79 '29' 20 "
4. 16o 10 '10' 79 '16' 40 "
5. 16o 04 '15' 79 '16' 40 "
6. 16o 04 '15' 78 '25' 50 "
7. 15o 36 '00' 78 '25' 50 "
8. 15o 36 '00' 78 '38' 00 "
9. 14o 29 '37' 78 '38' 00 "
10. 15o 30 '10 "79th 56' 00"
11. 15o 46 '00' 80 '03' 55 "
The limit of Joint Regime Area continues along the arc of radius 12 nautical miles, measured from a point at 15 ° 47 '50" N 79º 51' 20 "W , which pass west of the keys Serranilla to the point 15 ° 58 '40 "N 79º 56' 40" W. the figure is then closed by a geodesic to the point 1.
b) the Joint Regime area excludes the maritime area around the cays bank Serranilla inside the arc outer circle of 12 nautical miles radius measured from 15 ° 47 '50 "N 79º 51' 20" W point so as to pass through points 15º 46 '00 "N 80º 03' 55" W and 15 ° 58 '40 "N 79º 56' 40" W.
c) the Joint Regime area also excludes the maritime area around the cays of Bajo new within the arc of the outermost circle of 12 nautical miles radius measured from the point 15 ° 51 '00 "N 78º 38' 00" W.

2. In the Joint Regime Area Parties may carry out the following activities:
a) The exploration of the area and the economic exploitation of non-living, of the waters superjacent to the bed and bedding natural resources both living and subsoil, and other activities for the economic exploitation and exploration of the Joint Regime Area.
b) the establishment and use of artificial, installations and structures.
C) Marine scientific research.
D) the protection and preservation of the marine environment.
E) The conservation of living resources.
F) The measures authorized by this Agreement or otherwise Parties may agree to ensure compliance and implementation of the system established by this treaty.
3. Those relating to the exploration and exploitation of non-living resources as well as those activities referred to ordinals c) and d) of paragraph 2, will be carried out on a joint basis agreed by both Parties.
4. Parties not authorize third States and international organizations or vessels of such States and organizations to carry out any of the activities referred to in section 2. This does not prevent a Party celebrate or authorize agreements for leases, licenses are concerned, joint investments and technical assistance programs, in order to facilitate the exercise of the rights referred to in paragraph 2, in accordance with the procedures set out in Article 4.
5. The Parties agree that the Joint Regime Area each has jurisdiction over its nationals and vessels flying their flag or over which it exercises management and control in accordance with international law.
If a party claims that nationals or vessels of the other have violated or are violating the provisions of this Agreement or any of the measures taken by Parties for implementation, the Party alleging the violation should be addressed to the other to initiate consultations with a view to reaching an amicable settlement within a period of 14 days.
Upon receipt of the complaint, the party to which it is addressed, it shall, without prejudice to the consultations which the preceding paragraph refers to:
a) In the case of a complaint concerning an infringement that has been committed, it will ensure that the activities subject of the complaint are not repeated.
B) In the case of a complaint concerning an infringement being committed, it will ensure that the activities complained of are suspended.
6. The Parties agree to adopt measures to ensure that nationals and vessels of third countries comply with regulations and measures taken by them to implement the activities specified in paragraph 2.

ARTICLE 4.
1. The Parties agree to establish a joint commission, hereinafter referred to as "The Joint Commission", which will develop the modalities for the implementation and execution of the activities listed in paragraph 2 of artícuulo 3, measures taken in accordance with paragraph Article 6 of the 3rd. and carry out any other duties as may be assigned by the Parties for the purpose of implementing the provisions of this Treaty.
2. The Joint Commission shall consist of one representative of each party it may be assisted by advisers considered necessary.
3. The conclusions of the Joint Committee shall be adopted by consensus and only constitute recommendations to the Parties. Once adopted by the Parties, the findings of the Joint Commission shall be binding on them.
4. The Joint Commission will begin its work immediately this Treaty enters into force and shall, unless the parties agree otherwise, conclude the tasks identified in paragraph 1 of this Article within six months from the beginning of their work.

The 5th ITEM. Geodetic datum is based on the World Geodetic System (1984).

ARTICLE 6o. for illustration purposes only, the delimitation line and the Joint Regime Area are shown in letter US Defense Mapping Agency Chart 402 annexed. In case of differences between the letter and the coordinates, the latter shall prevail.

ARTICLE 7. Any dispute between the Parties concerning the interpretation or application of this Agreement shall be resolved by agreement between the two countries in accordance with the means of peaceful settlement of disputes provided for in international law.

Article 8. This Treaty is subject to ratification.

Article 9. This Treaty shall enter into force on the date of exchange of instruments of ratification.

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

In witness whereof the
Foreign Ministers of the two countries have signed this Treaty.
Made in Kingston on 12 November 1993.
For 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

Chief Legal Office of the Ministry of Foreign Affairs. DECLARES
:
That this is a photocopy of the original text of the "Treaty on maritime delimitation between the Republic of Colombia and Jamaica", signed at Kingston on 12 November 1993. Given in Santa Fe
Bogota, DC, on the twenty
day of November 1993.
the Head of the Legal Office,
VARELA HECTOR ADOLFO Sintura.
Public Power Executive Branch - President of the Republic
Approved. Sométese for consideration by the honorable
National Congress for constitutional purposes.
(Sgd.) César Gaviria Trujillo
The Minister of Foreign Affairs,
(FDO.) RUBIO Noemi Sanin. DECREES
:
ARTICLE 1o. Approval of the "Maritime Delimitation Treaty between the Republic of Colombia and Jamaica", signed at Kingston on 12 November 1993.
ARTICLE 2o. In accordance with the provisions of article 1. 7a Act. 1944, the "Treaty on delimitation between the Republic of Colombia and Jamaica," which for the first article of this law is approved, it will force the country from the date the international link is perfect therefrom.
ARTICLE 3. This Law governs from the date of publication.
The President of the honorable Senate of the Republic, JORGE RAMON ELIAS
NADER.
The Secretary General of the Senate of the Republic,
PUMAREJO PEDRO VEGA.
The President of the Chamber of Representatives, Francisco Jose Jattin
SAFAR.
The Secretary General of the Chamber of Representatives, DIEGO VIVAS
TAFUR.
Republic of Colombia - National Government
Communicate, publish and execute.
After review by the Constitutional Court,
accordance with Article 241-10
of the Constitution.
Given in Bogota, DC, ten (10) days
of December in 1993 (1993).

César Gaviria Trujillo Minister of Foreign Affairs, Noemi Sanin
RUBIO.



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