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ACT 172 OF 1994
(December 20)
Official Journal No. 41,671 bis of 5 January 1995
By means of which the Free Trade Agreement between the Governments of the United Mexican States, the Republic of Colombia and the Republic of Venezuela, signed in Cartagena de Indias on June 13, 1994, is approved.
1 of Law 1457 of 2011, hereafter: >
"Free Trade Agreement between the United Mexican States and the Republic of Colombia"
THE CONGRESS OF COLOMBIA,
Having regard to the Text of the Free Trade Agreement between the Governments of the United Mexican States, the Republic of Colombia and the Republic of Venezuela,
signed in Cartagena de Indias on June 13, 1994.
FREE TRADE TREATY BETWEEN THE REPUBLIC OF COLOMBIA,
THE REPUBLIC OF VENEZUELA AND THE UNITED STATES 1994
INDEX
Preamble
Chapter I. Initial Provisions
Chapter II. General definitions
Chapter III. National treatment and access of goods to the market
Chapter IV. Automotive sector
Chapter V. Agricultural sector and plant health and animal health measures
Chapter VI. Source rules
Chapter VII. Customs procedures
Chapter VIII. Safeguards
Chapter IX. Unfair international trade practices
Chapter X. General principles on trade in services
Chapter XI. Telecommunications
Chapter XII. Financial services
Chapter XIII. Temporary entry of business people
Chapter XIV. Technical standards
Chapter XV. Public sector purchases
Chapter XVI. Policy on State-owned enterprises
Chapter XVII. Investment
Chapter XVIII. Intellectual property
Chapter XIX. Dispute settlement
Chapter XX. Administration of the Treaty
Chapter XXI. Transparency
Chapter XXII. Exceptions
Chapter XXIII. Final provisions
PREAMBLE
The governments of the Republic of Colombia, the Republic of Venezuela and the United Mexican States,
CONSIDERING
The condition of their countries of Contracting Parties to the General Agreement on Tariffs and Trade (GATT) and the commitments that they derive from them.
The condition of their member countries of the Latin American Integration Association (ALADI) and the commitments that they derive from them, as well as the willingness to strengthen the Association as a convergence center for the Latin America.
The condition that Colombia and Venezuela have of member countries of the Cartagena Agreement and the commitments that they derive from them.
The coincidence in the policies of internationalization and modernization of the economies of their countries, as well as their decision to contribute to the expansion of world trade.
The priority of deepening economic relations between their countries and the decision to promote the process of Latin American integration.
DECIDED TO
To strengthen the special ties of friendship, solidarity and cooperation among their peoples.
Contribute to the harmonious development, expansion of world trade and the expansion of international cooperation.
Create an expanded and secure market for goods and services produced in their territories.
Reduce distortions in trade.
Set clear and mutually beneficial rules for their trade exchange.
Ensure a predictable business framework for the planning of productive activities and investment.
To strengthen the competitiveness of your companies in world markets.
Encourage innovation and creativity by protecting intellectual property rights.
Create new job opportunities, improve working conditions and living standards in their respective territories.
Preserve its ability to safeguard public welfare.
Promote sustainable development.
To encourage the coordinated action of the Parties in international economic forums, in particular those related to the processes of Latin American integration.
Encourage the dynamic participation of the various economic actors, in particular the private sector, in efforts to deepen economic relations between the Parties and to develop and maximise the possibilities of their joint presence in international markets.
CELEBRATE THIS FREE TRADE AGREEMENT
In accordance with the GATT and with the character of the Agreement on the Partial Scope of Economic Complementation in accordance with the provisions of the Treaty of Montevideo 1980 and Resolution 2 of the Council of Foreign Ministers of the Parties contracting of that treaty.
INITIAL provisions.
1. The objectives of this treaty, specifically developed through its principles and rules, including those of national treatment, most favoured nation treatment and transparency, are as follows:
a) To stimulate the expansion and diversification of trade between the Parties;
b) Eliminate barriers to trade and facilitate the movement of goods and services between the Parties;
c) Promote conditions of fair competition in trade between the Parties;
d) substantially increase investment opportunities in the territories of the Parties;
e) Protecting and enforcing intellectual property rights;
f) Establish guidelines for further cooperation between the Parties, as well as at the regional and multilateral level aimed at extending and enhancing the benefits of this treaty;
g) Create effective procedures for the implementation and enforcement of this treaty, for their joint administration and for settlement of disputes;
h) To foster equitable relations between the Parties by recognizing differential treatments for the categories of countries established in the ALADI.
2. The Parties shall interpret and apply the provisions of this Treaty in the light of the objectives set out in paragraph 1. and in accordance with applicable international law rules.
ARTICLE 1-02. RELATIONSHIP TO OTHER INTERNATIONAL TREATIES.
1. The Parties confirm the rights and obligations in force between them under the GATT, the Treaty of Montevideo 1980 and other international treaties and agreements ratified by them.
2. In the event of incompatibility between the provisions of the treaties and agreements referred to in paragraph 1. and the provisions of this treaty, those of this treaty will prevail to the extent of incompatibility.
ARTICLE 1-03. RELATIONS BETWEEN COLOMBIA AND VENEZUELA.
1. Chapters III, IV, V, Section A, VI, VIII, IX, XVI and XVIII shall not govern between Colombia and Venezuela.
2. The chapters not covered by paragraph 1. shall apply between Colombia and Venezuela, without prejudice to the obligations arising out of the legal order of the Cartagena Agreement.
3. Paragraphs 1o. and 2o. do not affect the rights that Mexico may have under this treaty.
ARTICLE 1-04. COMPLIANCE WITH THE TREATY. Each Party shall ensure, in accordance with its constitutional provisions, compliance with the provisions of this treaty in its territory at central or federal, state or departmental, and municipal, except in cases where this treaty provides otherwise.
ARTICLE 1-05. SUCCESSION OF TREATIES. Any reference to another treaty or international agreement shall be understood to be in the same terms as any treaty or successor agreement to which all Parties are party.
GENERAL DEFINITIONS.
ARTICLE 2-01. DEFINITIONS OF GENERAL APPLICATION. For the purposes of this Treaty, unless otherwise specified, the following definitions shall apply:
Well of a Party. National products as understood in the GATT, those goods that the Parties agree to, and includes the original goods; a good of one Party may incorporate materials from other countries.
Customs valuation code. The Agreement on the application of Article VII of the General Agreement on Tariffs and Trade, including its interpretative notes.
Commission. The Administrative Commission established in accordance with Article 20-01.
Communication. Written official communication or notification.
Days. Continuous, calendar, or natural days.
Company. Any entity constituted or organized in accordance with applicable law, whether or not for profit and whether it is private or governmental, including companies, foundations, companies, branches, trusts, shares, sole proprietors, co-investments or other partnerships. Nothing in this treaty shall be understood as requiring a Party to grant or recognize legal personality to entities that do not comply with the law of that Party.
State Enterprise. A company that is owned by a Party or that is under its control through participation in the share capital.
Existing. That exists on the date of entry into force of this treaty.
Import tax. Any taxes or duties on imports and any charges of any kind applied in relation to the importation of goods, including any form of taxation or additional charge to imports, except:
(a) Any charge equivalent to an internal tax established in accordance with Article III: 2 of the GATT with respect to similar goods, direct competitors or substitutes of the Party, or with respect to goods from which it is manufactured or fully or partially produced the imported goods;
(b) Any anti-dumping or countervailing duty or countervailing duty to be applied in accordance with the laws of a Party;
c) Any right or other charge related to the import, proportional to the cost of the services provided; and
(d) Any premium offered or raised on imported goods, derived from any tender system, with respect to the administration of quantitative restrictions on imports or of quotas or quotas of tariff preference.
Measure. Any law, regulation, procedure, administrative or practice provision, among others, adopted by a Party.
National. A natural or natural person who has the nationality of a Party in accordance with its legislation. The term shall be understood to extend equally to persons who, in accordance with the legislation of that Party, have the status of permanent residents in the territory of that Party.
Originating That complies with the rules of origin set forth in Chapter VI.
Part. Any State in respect of which this treaty has entered into force.
Exporting Party. The Party from whose territory a good or service is exported.
Importing part. The Party to whose territory a good or service is imported.
Person. A natural or natural person, or a business.
Relief program. The set in Annex 1o. to item 3-04.
Protocol. A protocol annexed to this treaty, whose provisions have the same hierarchy and mandatory force as those of this treaty.
Resolution. Decision or resolution of an authority.
Harmonized System. The Harmonized Commodity Designation and Coding System, including the General Classification Rules and their explanatory notes.
NATIONAL TREATMENT AND ACCESS OF GOODS TO THE MARKET.
DEFINITIONS.
ARTICLE 3-01. DEFINITIONS. For the purposes of this Chapter:
FOB. Free on board (LAB).
Tariff Fraction. An eight-or ten-digit Harmonized System tariff classification code.
Shows no commercial value. Goods representative of a class of goods already produced or of a model of goods whose production is projected. It does not include identical goods imported by a single person or referred to a single consignee in such quantity as taken globally, which constitutes an ordinary import subject to the payment of import taxes.
Used. Those goods that at the time of their import present signs of wear or disluence for use; those that, even if they have not been used, have a considerable time since their manufacture; the balances, Imperfect, second and waste.
SCOPE AND NATIONAL TREATMENT
ARTICLE 3-02. APPLICATION. This Chapter applies to trade in goods of the Parties, except in cases where this treaty provides otherwise.
1. Each Party shall grant national treatment to the goods of another Party in accordance with Article III of the GATT, including its interpretative notes. For this purpose, Article III of the GATT and its interpretative notes are incorporated into this Treaty and are an integral part of it.
2. The provisions of paragraph 1. means, in respect of a state or department, or a municipality, a treatment no less favourable than the most favourable treatment of that State or department, or municipality to grant any similar goods, direct or substitute competitors, according to the case, of the Party of which it is an integral part.
3. Paragraphs 1o. and 2o. do not apply to the measures set out in the Annex to this Article.
IMPORT TAXES.
ARTICLE 3-04. IMPORT TAX RELIEF.
1. Unless otherwise provided for in this Treaty, no Party may increase any existing import duties or adopt any new import duties on originating goods.
2. Unless otherwise provided for in this Treaty, each Party shall progressively eliminate its import duties on originating goods as set out in Annex 1. to this article.
3. Paragraphs 1o. and 2o. of this article do not pretend:
(a) To prohibit a Party from increasing an import tax on goods originating at a level not higher than that laid down in the Disgravitation Programme, where that Party had previously reduced that import duty unilaterally at a lower level than that set in that program;
b) Prevent a Party from increasing an import tax on originating goods when that increase is authorized as a result of a GATT dispute settlement procedure between those Parties;
(c) Prevent a Party from creating a new tariff breakdown or breakdown, provided that the import tax applicable to the originating goods concerned is not greater than that applicable to the tariff code broken down or unfolded.
4. Unless otherwise provided, this treaty incorporates the previously negotiated tariff preferences between the Parties, the regional tariff preference (PAR) for the tariff universe and the extension of the PAR between Mexico and Venezuela, in the form as shown in Annex 1o. to this article. As of the entry into force of this treaty, the negotiated or granted preferences between the Parties previously within the framework of the ALADI are without effect.
5. For the purposes of the relief of import taxes in accordance with this Article, the rates or tariff rates of transition shall be approximate downwards, at least to the nearest tenth percentage or, if the tariff rate is expressed in currency units, at least .001 closer to the official monetary unit of the Party.
6. In addition to the provisions of Annex 2o. to this Article, at the request of any Party, the Commission shall consult in order to examine the possibility of accelerating the relief of import taxes for one or more goods or to include one or more goods in the Degravitation Program and shall the parties to the relevant recommendations. Once the corresponding legal requirements have been met, the accelerated relief of import taxes on a good that is achieved for two or more Parties, will prevail over any import tax or period of relief for that either between those Parties. The inclusion of goods in the Disgravitation Program that is achieved between two or more Parties shall begin to govern for those goods between those Parties once the corresponding legal procedures are complied with.
ARTICLE 3-05. CUSTOMS VALUATION.
1. Except as set out in the Annex to this Article, the customs value of an imported goods shall be determined in accordance with the principles of the Customs Valuation Code.
2. The taxable base on which import taxes shall apply to goods imported from another Party shall not be the value of a commodity produced in the territory of the importing Party, nor an arbitrary or fictitious value.
3. In accordance with Article 13 of the Customs Valuation Code, if, in the course of determining the customs value of imported goods, it is necessary to delay the definitive determination of that value, the importer may withdraw it from the If, when required, it provides a sufficient guarantee in the form of a security or, if the importer chooses, by another means of guarantee provided for in the legislation of the Party. The guarantee shall cover the payment of the taxes to which the goods may be permanently subject.
4. Each Party shall establish the appropriate documentation to prove that the customs value is correct, which shall not be greater than that which can reasonably be requested in order to comply with the provisions of Article VII of the GATT.
5. The security to be granted under the terms of paragraph 3. shall be released within a period not exceeding 20 working days from the date on which the importer gives the customs authority the appropriate documentation, unless the customs authority itself has initiated the exercise of its powers; check or verification.
6. Each Party may, in accordance with paragraph 3., determine the goods imported from another Party which shall be subject to the guarantee referred to above where the customs value declared by the importer is lower than the estimated price determined by the customs authority of the importing Party based on a background of previously obtained and analysed transaction values.
7. Before adopting the estimated price referred to in paragraph 6, the Party shall inform the other Parties of the description of the good, its tariff fraction, the estimated price it intends to establish and the reasons for the adoption of the measure.
8. The Parties understand that the estimated price referred to in paragraph 6o. will not be considered as the base price for determining import taxes.
ARTICLE 3-06. TEMPORARY IMPORT OF GOODS.
1. Each Party shall authorise the temporary importation free of import duty or suspension of the payment of the import tax, at least to the goods listed below, which are imported from another Party, irrespective of their origin and which the territory of the importing Party is available similar goods, direct competitors or substitutes:
(a) Professional equipment necessary for the pursuit of the business, trade or profession of a person of business:
b) Press equipment or for air transmission of radio or television signals and film equipment;
(c) Goods imported for sporting purposes or intended for display or demonstration including components, auxiliary appliances and accessories, and
d) Commercial samples and advertising films.
2. Unless otherwise provided for in this Treaty, each Party may hold the temporary importation free of import duty or suspension of payment of the import duty, of the type referred to in paragraph 1 (a), (b) or (c), to any other party. of the following conditions, without any additional conditions being adopted:
(a) That are introduced by natural or legal persons legally established in the Party, or by nationals of another Party;
b) That the property is used exclusively by the person who enters temporarily or under his personal supervision, in the performance of his or her activity, trade or profession;
(c) That the property is not the object of sale or lease or is transferred in any other form as long as it remains on its territory;
(d) that the temporary importation is guaranteed by a security or other guarantee that does not exceed 110% of the charges that would be caused by the definitive importation of the goods, which will be released at the time of re-exportation;
e) That the good is susceptible to identification when re-exported;
(f) that the property is reexported to the person's exit or within a reasonable period of time for the purpose of the temporary importation, which shall in no case exceed six months extendable to nine months;
g) That the good is imported in amounts not greater than reasonable according to the intended use, and
h) That the good is re-exported in the same way it was imported.
3. Unless otherwise provided for in this Treaty, the Parties may subject either the temporary importation free of import duty or suspension of the payment of the import duty, of the type referred to in paragraph 1 (d) to any of the above. the following conditions, without any additional conditions being adopted:
a) That the property is only imported for the purposes of obtaining orders for goods or services that are supplied from territory of another Party or from another country that is not a Party;
b) That the property is not the object of sale or lease and is used only for demonstration or display as long as it remains on its territory;
c) That the property is susceptible to identification when re-exported;
(d) that the property is reexported within a period reasonably corresponding to the purpose of the temporary importation, which may not exceed in any case six months extendable to nine months, and
e) That the good is imported in amounts not greater than reasonable according to the intended use.
4. Where a property is temporarily imported free of import duty in accordance with paragraph 1. does not comply with any of the conditions that a Party imposes in accordance with paragraph 2. and 3o., that Party may require payment of import taxes and any other charges that would be caused by the definitive importation of the goods.
ARTICLE 3-07. IMPORT OF SAMPLES WITH NO COMMERCIAL VALUE. Each Party shall authorise the free import of import duty on samples with no commercial value originating in another Party.
ARTICLE 3-08. TEMPORARY FLEXIBILITY LEVELS FOR CERTAIN GOODS CLASSIFIED IN CHAPTERS 51 TO 63 OF THE HARMONISED SYSTEM. Until 31 December 1999, the Parties referred to in the Annex to this Article shall grant the goods classified in the Chapters 51 to 63 of the Harmonized System that comply with the provisions of Article 6-19, the preferential treatment corresponding to originating goods established in the Degravitation Program, compliance with the provisions of that Annex.
ARTICLE 3-08 BIS. LEVELS OF FLEXIBILITY FOR CERTAIN GOODS CLASSIFIED IN CHAPTER 72 OF THE HARMONISED SYSTEM. 3, as set out in Annex 2, of Law 1457 of 2011. The new text is as follows: > The Parties shall grant preferential tariff treatment to certain goods classified in Chapter 72 of the Harmonized System, in accordance with the provisions set out in the Annex to this Article.
NON-TARIFF MEASURES.
ARTICLE 3-09. IMPORT AND EXPORT RESTRICTIONS.
1. Unless otherwise provided for in this Treaty, no Party may adopt or maintain any prohibition or restriction on the import of any goods from another Party or on the export or sale for export of any goods destined for territory of another Party, except as provided for in Article XI of the GATT, including its interpretative notes. For this purpose, Article XI of the GATT and its interpretative notes are incorporated into this Treaty and are an integral part of it.
2. The Parties understand that the rights and obligations of the GATT incorporated in paragraph 1. prohibit, in all circumstances in which any other restriction is concerned, the establishment of minimum export and import prices, except as permitted for the application of sanctions and undertakings in the field of anti-dumping duties and quotas or countervailing duties.
3. In cases where a Party adopts or maintains a prohibition or restriction on the importation of goods from a country other than a Party or the export of goods destined for a country that is not a Party, no provision of this Treaty shall be interpret in the sense of preventing you:
(a) Limit or prohibit the importation of the goods of the country other than a Party, from territory of another Party, or
(b) Require as a condition for the export of the goods to another Party's territory that they are not re-exported directly or indirectly to the non-Party country without being processed or manufactured in the territory of the other Party which results in a substantial change in the value, form or use of the same or the production of another good.
4. In the event that a Party adopts or maintains a prohibition or restriction on the importation of a good from a country other than a Party, at the request of either Party, they shall consult with the aim of minimizing interference or distortion. undue on the pricing, marketing and distribution mechanisms elsewhere.
5. Paragraphs 1o. to 4th. shall not apply to the measures set out in the Annex to this Article.
ARTICLE 3-10. CUSTOMS DUTIES. No Party shall increase or establish any customs duty by way of the service provided by the customs office on originating goods and shall eliminate those duties on originating goods within the following 5 and a half years. to the entry into force of this treaty.
1. Subject to the provisions of this Article, no Party shall adopt or maintain a tax, levy or charge on the export of goods to the territory of another Party unless they are adopted or maintained for the purpose of export to the territory of all Member States. other Parties, and for that good, when it is intended for internal consumption.
2. Each Party may maintain or adopt a tax, levy or charge on the export of the goods of first necessity set out in Annex 1. of this article, to its ingredients, or to the goods of which those foodstuffs are derived, if that tax, charge or charge is adopted or maintained for the export of those goods to the territory of all other Parties, and is used:
a) For the benefits of an internal food assistance program that includes such food to be received only by consumers in the Party that applies that program, or
b) To ensure the availability of sufficient quantities of the food item for domestic consumption, or of sufficient quantities of its ingredients or of the goods of which these foodstuffs are derived for a processing industry national, when the domestic price of that food is kept below the world price as part of a government stabilization program, provided that such taxes, levies or charges do not have the effect of increasing the protection granted to that domestic industry, and are sustained only for the period necessary to maintain the integrity of that program.
3. By way of derogation from paragraph 1, each Party may adopt or maintain a tax, levy or charge on the export of any food into the territory of another Party if that tax, charge or charge is temporarily applied for relief a critical shortage of food. For the purpose of this paragraph, "temporarily" means up to one year, or a longer period agreed by all Parties.
4. Paragraph 1. shall not apply to the measures set out in Annex 2o. to this article.
ARTICLE 3-12. COUNTRY OF ORIGIN MARKING. The Annex to this Article shall apply to measures relating to the marking of the country of origin.
PUBLICATION AND COMMUNICATION.
ARTICLE 3-13. PUBLICATION AND COMMUNICATION.
1. No Party shall apply before its official publication any measure of a general nature which has the effect of increasing an import tax or other charge on the importation of goods from another Party or the export of goods. intended for another Party, or which imposes a new or more burdensome measure, restriction or prohibition for such imports or exports or for transfers of funds relating to them.
2. At the request of a Party, another Party shall identify in terms of the tariff fractions and the nomenclature corresponding to them under the Harmonized System, the measures, restrictions or prohibitions on the import or export of goods by reasons for national security, public health, preservation of flora or fauna, the environment, plant health and animal health standards, technical standards, labelling, international commitments, public order requirements or any other regulation.
SECTION F-IMPROVEMENT IN CONDITIONS OF ACCESS TO MARKET. 4, as set out in Annex 3, of Law 1457 of 2011 >
ARTICLE 3-14. IMPROVEMENT IN THE CONDITIONS OF ACCESS OF GOODS TO THE MARKET. 4, as set out in Annex 3, of Law 1457 of 2011. The new text is as follows: > At the request of any Party, the Commission shall review the possibility of improving market access conditions for one or more goods of the Parties and, where appropriate, shall adopt such improvements in accordance with the Article 20-01. Any improvement in the conditions of access adopted by the Commission shall prevail over the conditions of access previously established in the Treaty for that good or property.
Exceptions to article 3-03
Colombia Measures
1. Notwithstanding the provisions of Article 3-03, Colombia reserves the departmental monopoly of liquor production and the faculty of the departments of establishing taxes on the hospitalization of liquor from other departments or countries.
2. Article 3-03 shall not apply to measures taken by Colombia concerning the export or import of energy goods where they are necessary to ensure compliance with a constitutional provision.
3. For the purposes of paragraph 2, the energy goods described in paragraph 2o are considered as energy goods. Annex Section B to item 3-09.
Degravitation Program
1. Unless otherwise provided in this Annex or in any other part of this Treaty, each Party shall progressively eliminate its import duties on originating goods in ten equal stages, in accordance with the following:
a) The first reduction will take place on the 1st. of January 1995; and
(b) The residual import tax shall be eliminated in nine equal annual stages from 1. of July 1996, in such a way that these goods are free of import duties from 1 January 1996. of July 2004.
2. The allowance described in paragraph 1. shall be applied from the import tax specified in the "base rate" column of the list of each Party in the Degravitation Programme.
3. By way of derogation from paragraph 1. and unless otherwise provided for in this Treaty, the import tax applicable to goods originating in a tariff fraction marked with the code 'P' in the list of a Party to the Disgravitation Programme shall be the least between:
(a) The import tax resulting from the application of paragraphs 1. and 2o.; or
b) 4.4% ad valorem.
4. By way of derogation from paragraph 1. and unless otherwise provided for in this Treaty, the import tax applicable to goods originating in a tariff fraction marked with the code 'R' in the list of a Party to the Disgravitation Programme shall be less than between:
(a) The import tax resulting from the application of paragraphs 1. and 2o. from an import tax of 10% ad valorem; or
b) The import tax that is specified in the "base rate" column.
5. By way of derogation from paragraph 1. and unless otherwise provided for in this Treaty, the import tax applicable to goods originating in a tariff fraction marked with the code 'B' in the list of a Party to the Disgravitation Programme shall be abolished in five equal stages according to the following:
a) The first reduction will take place on the 1st. of January 1995; and
b) The residual import tax will be eliminated in four equal annual stages starting on 1. of July 1996, in such a way that these goods are free of import duty from 1 January 1996. of July 1999.
6. By way of derogation from the provisions of Article 3-04 and paragraphs 1. and 2., and in accordance with Article 5-04 and Annex 2o. to Article 3-04, a Party may adopt or maintain import taxes in accordance with its obligations and rights arising from the GATT, on goods covered by a tariff fraction identified by the code "EXCL" in the list of a Party in the Degravitation Programme until the date on which the contrary is agreed between the Parties in accordance with the provisions of this Treaty. For goods covered by a tariff fraction identified by the code "EXCL" and which, in accordance with the list of a Party in the Degravitation Program and paragraph 7o, is not identified with the code "PAR", the tariff preferences of paragraph 7o. shall be negotiated at the time the Parties agree to the application of Article 3-04 and paragraphs 1. and 2o. for such goods, unless the Parties determine otherwise.
7. By way of derogation from paragraph 6o., the following shall apply to goods originating in a tariff fraction identified with the code 'PAR' in the list of a Party to the Degravitation Programme:
(a) Mexico shall apply a tariff preference of 28% on that proportion of the current import tax that is expressed as a percentage of the customs value of the imported goods (ad valorem), but in no case on that proportion of the current import tax that is expressed in currency units per unit of measure; or
b) Colombia and Venezuela shall apply a tariff preference of 12% on that proportion of the current import tax which is expressed as a percentage of the customs value of the imported goods (ad valorem), but in no case on that proportion of the current import tax which is expressed in currency units per unit of measure.
8. By way of derogation from paragraph 1. and unless otherwise provided for in this Treaty, the import tax on motor vehicles originating in the tariff fractions marked with the code 'M' in the list of a Party to the Deportation Programme shall be Apply according to the following:
(a) Before 31 December 2006, as long as there is no agreement in the Automotive Sector Committee under Chapter IV, the import tax applicable to originating goods shall be that specified in the base rate column or, if the exists, the one specified in parentheses after the code "M" for each tariff fraction in the list of a Party in the Degravitation Program;
(b) Before 31 December 2006, and after that, where appropriate, there is agreement within the Automotive Sector Committee under Chapter IV, the import tax applicable to originating goods shall be eliminated in equal annual stages between the date of the date of the entry into force of the Agreement. after 1o. of January 1997 determining that committee and on 31 December 2006, from the base rate specified for each tariff fraction in the "base rate" column of the list of a Party in the Degravitation Program; and
c) From 1o. January 2007 such goods shall be free of import duty, unless the Parties agree to a longer period in accordance with Article 4-04.
9. The provisions of paragraph 8. shall not apply to originating goods other than automotive goods.
10. Without prejudice to Chapter VI, in cases where there is no equal treatment between the Parties for the same original goods, in order to determine the import tax applicable on a Party, the following shall apply: next:
(a) Colombia shall apply the provisions of this Annex in accordance with its list in the Program of Degravitation to the originating goods for which the last substantial production process, other than a minor processing;
(b) Venezuela shall apply the provisions of this Annex in accordance with its list in the Program of Degravitation to the originating goods for which the last substantial production process, other than a minor processing;
(c) Mexico shall apply the provisions of this Annex in accordance with the column "Colombia" of its list in the Program of Degravitation to the originating goods for which the last production process has been carried out in the territory of Colombia substantial, other than minor processing;
(d) Mexico shall apply the provisions of this Annex in accordance with the column "Venezuela" of its list in the Program of Degravitation to the original goods for which the last production process has been carried out in the territory of Venezuela substantial, other than minor processing.
11. For the purposes of paragraph 10, minor processing shall be the following:
a) Simple dilution in water or other substance that does not materially alter the characteristics of the good;
b) Cleaning, including removal of oxide, grease, paint or other coatings;
c) Application of preserving or decorative coating, including lubricants, preserving or decorative paint, or metallic coatings;
d) Cutting or roughing small amounts of surplus materials;
e) Download, load, or any other operation required to maintain good in good condition;
f) Packaging, repackaging, packaging, repackaging or filling of small-dose containers;
g) Test, mark, separate, or sort;
(h) ornamental or finishing operations incidental to the production of a textile product, the aim of which is to improve the commercial attractiveness or ease of care of a product, such as dyeing and printing, embroidery and application of engravings or marks, stitching of bends, folds or tweezers, washed in stone or in acid, permanent ironing, or stitching of accessories and ornaments.
12. For the purposes of paragraph 10, production shall be understood as set out in Article 6-01.
Section A
Colombia Relief List
(attached in separate volume)
Section Abis List of Relief for Colombia 2 of Law 1457 of 2011. See Annex 1 of Law 1475 of 2011 >
Section B
Mexico Relief List
(attached in separate volume)
Section B Bis List of Relief for Mexico 2 of Law 1457 of 2011. See Annex 1 of Law 1475 of 2011 >
Section C
Venezuela Relief List
(attached in separate volume)
1. Yes, the Parties agree on the rules of origin for goods classified under Item 39-03 of the Harmonised System as set out in Section C of the Annex to Article 6-19, they must agree on the timetable for relief for these goods, which may not exceed 10 years from the entry into force of this Treaty.
2. If Venezuela and Mexico reach an agreement with respect to the rules of origin applicable among them for goods classified in Chapters 50 to 63 of the Harmonized System as set out in Section B of the Annex to Article 6-19, must agree on the relief schedule for those goods, which may not exceed 10 years from the entry into force of this treaty.
Customs valuation
1. Colombia may assess a good imported from another Party for a period of five and a half years from the entry into force of this Treaty on the basis of official minimum prices established on the basis of:
(a) The prices of exclusive distributors or importers of the major brands, communicated to the National Customs and Tax Directorate; or
(b) International databases, international exchanges or specialised journals in the field, or other available public sources, where it is not possible to obtain the international prices of exclusive distributors or importers of the top marks.
2. For the purposes referred to in paragraph 1. the following requirements shall be met:
(a) That the prices determined in accordance with paragraph 1 (a) have been consulted in the country of export and certified by a chamber of commerce of the exporting country;
(b) The prices determined in accordance with paragraph 1 (a), (a) and (b)
i) They are obtained based on the average of the most recent quotes from the sources mentioned in paragraph 1o, literals a) and b);
ii) Be based on FOB port of boarding port, country of origin;
iii) Have been verified with reputable international sources;
c) To be published, through the National Tax and Customs Directorate of Colombia and through resolution; and
d) To be communicated to the other Parties, in advance, the official minimum prices that will enter into force for trade between the Parties.
Temporary flexibility levels for goods classified in Chapters 51 to 63 of the Harmonized System
1. Subject to compliance with the provisions of Section A of the Annex to Article 6-19, Mexico shall apply the preferential tariff rate corresponding to originating goods established in the Program of Degravitation to Goods classified in Chapters 51 to 60 of the Harmonized System produced in Colombia, up to the annual amounts specified below:
a) 1 million U.S. dollars from January 1 to thirty-one December 1995;
b) 1.5 million US dollars from January 1 to 30 and 1 December 1996;
c) $2 million from January 1 to thirty-one in December 1997;
d) $2.5 million from January 1 to thirty-one December 1998; and
e) $3 million from January 1 to thirty-one in December 1999.
2. Subject to compliance with the provisions of Section A of the Annex to Article 6-19, Mexico shall apply the preferential tariff rate corresponding to originating goods established in the Program of Degravitation to Goods classified in Chapters 61 to 63 of the Harmonized System produced in Colombia, up to the annual amounts specified below:
a) US $3 million from January 1 to thirty-one December 1995
b) 3.5 million US dollars from January 1 to thirty-one December 1996;
c) $4 million from January 1 to thirty-one in December 1997;
d) 4.5 million US dollars from January 1 to thirty-one December 1998; and
e) $5 million from January 1 to thirty-one in December 1999.
3. Provided that they comply with the provisions of Section A of the Annex to Article 6-19, Colombia shall apply the preferential tariff rate corresponding to originating goods established in the Program of Degravitation to the goods classified in the Chapters 51 to 60 of the Harmonized System produced in Mexico, up to the annual amounts specified below:
a) $1 million from January 1 to thirty-one December 1995
b) 1.5 million US dollars from January 1 to 30 and 1 December 1996;
c) $2 million from January 1 to thirty-one in December 1997;
d) $2.5 million from January 1 to thirty-one December 1998; and
e) $3 million from January 1 to thirty-one in December 1999.
4. Provided that they comply with the provisions of Section A of the Annex to Article 6-19, Colombia shall apply the preferential tariff rate corresponding to originating goods established in the Program of Degravitation to the goods classified in the Chapters 61 to 63 of the Harmonized System produced in Mexico, up to the annual amounts specified below:
a) US $3 million from January 1 to thirty-one December 1995
b) 3.5 million US dollars from January 1 to thirty-one December 1996;
c) $4 million from January 1 to thirty-one in December 1997;
d) 4.5 million US dollars from January 1 to thirty-one December 1998; and
e) $5 million from January 1 to thirty-one in December 1999.
5. Colombia and Mexico shall not allocate more than 20% of the total amount for each year referred to in paragraph 1. and 3o. to goods classified within the same heading of the Harmonised System.
6. As from 1 January 2000, the goods referred to in Article 3-08 shall comply with the corresponding rule of origin set out in the Annex to Article 6-03.
7. The Parties shall grant the tariff preferences provided for in the Degravitation Programme to the goods referred to in Article 3-08 which exceed the amounts determined in paragraphs 1 or 1. to the 4th. provided that they comply with the source-specific rule set in the Annex to Article 6-03.
LEVELS OF FLEXIBILITY FOR CERTAIN GOODS CLASSIFIED IN CHAPTER 72 OF THE HARMONISED SYSTEM.
3, as set out in Annex 2, of Law 1457 of 2011. The new text is as follows: >
1. From the entry into force of this Protocol, each Party shall grant to the goods classified in Chapter 72 of the Harmonized System listed below, produced in the territory of the other Party and imported into its territory, in accordance with the provisions of this Protocol. with the provisions of paragraph 2, the preferential tariff treatment laid down in the Detaxation Programme for the original goods, up to the amounts and time limits specified in the following table:
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2. If, for an annual period, at least 50% (50%) of the amount of the quota provided for that year is used, the annual quota amount shall be applied for the annual period with the increase indicated in the following column of the quota. table of this Annex as appropriate. Otherwise, the same amount of the quota will continue to apply.
3. If, in accordance with the conditions laid down in the preceding subparagraph, a Party reaches for one or more of the goods the amount of the quota set out in the column 'Annual quota with increase No 7' of the table in this Annex, the Commission shall review, request of that Party, the possibility to improve the conditions of access to the goods that reached that amount, according to Article 3-14 "Improvement in the conditions of access of goods to the market".
4. As long as the Commission does not agree to improvements in access to the goods referred to in the preceding subparagraph, the amount of the quota provided for in the column 'Annual quota with increase No 7' shall be maintained for the goods which have been reached in the table in this Annex. amount.
5. The importing Party of the goods listed in this Annex shall administer the amounts indicated therein under a first-in-time mechanism, first in law and in accordance with its legislation.
6. The importing Party shall inform the other Party of the amount used three months before the end of the annual period and in case it is determined that for one or more goods the adjustments shall be made in accordance with paragraph 2. corresponding administrative.
7. If at the time the importing Party submits the report referred to in the preceding paragraph, some goods do not comply with the provisions of paragraph 2o, the latter shall inform the other Party of the amount used within the first three months. of the following annual period and, if necessary, make the corresponding administrative adjustments.
8. For the purpose of granting the preferential tariff treatment referred to in Article 3-08 Bis in respect of the amounts set out in this Annex, the specific rules of origin shall be as follows:
Chapter 72 Foundry, Iron, and Steel
72.09-72.14 A change to heading 72.09 to 72.14 of any other item.
72.16-72.17 A change to heading 72.16 to 72.17 from any other item.
9. The goods listed in this Annex shall be subject to the provisions of Chapter VII.
Exceptions to Article 3-09
Section A
Colombia Measures
1. By way of derogation from Article 3-09, Colombia may adopt or maintain prohibitions or restrictions on the importation of used goods. However, Colombia will not prohibit or restrict the temporary importation of used goods, when imported to provide cross-border services according to Annex 2o. Article 10-02, or to comply with a contract according to Chapter XV, provided that the imported goods:
(a) They are necessary for the provision of the cross-border service or for the performance of the contract awarded to a supplier of another Party;
(b) be used exclusively by the service provider or by the supplier who complies with the contract or under his supervision;
(c) Do not be the object of sale, lease or loan as long as they remain in Colombia;
(d) Sean imported in quantities not exceeding what is necessary for the provision of the service or the performance of the contract;
e) Sean re-exported promptly to the conclusion of the service or contract;
(f) Cumplan with the other requirements applicable to the importation of such goods to the extent that such requirements are compatible with this treaty;
g) Cumplan with the other purposes set out in Article 3-06 of this Chapter.
2. Article 3-09 shall not apply to measures taken by Colombia regarding the export or import of energy goods where they are necessary to ensure compliance with a constitutional provision of Colombia.
3. For the purposes of the application of this Article, the energy goods described in paragraph 2o are considered as energy goods. of Section B of this Annex.
Section B
Mexico Measures
1. By way of derogation from Article 3-09, Mexico may adopt or maintain prohibitions or restrictions on the importation of used goods. However, Mexico will not prohibit or restrict the temporary importation of used goods, when imported to provide cross-border services according to Annex 2o. Article 10-02, or to comply with a contract according to Chapter XV, provided that the imported goods:
(a) They are necessary for the provision of the cross-border service or for the performance of the contract awarded to a supplier of another Party;
(b) be used exclusively by the service provider or by the supplier who complies with the contract or under his supervision;
(c) Not for sale, lease or loan while remaining in Mexico;
(d) Sean imported in quantities not exceeding what is necessary for the provision of the service or the performance of the contract;
e) Sean re-exported promptly to the conclusion of the service or contract;
(f) Cumplan with the other requirements applicable to the importation of such goods to the extent that such requirements are compatible with this treaty;
g) Cumplan with the other purposes set out in Article 3-06 of this Chapter.
2. By way of derogation from Article 3-09, Mexico may adopt or maintain prohibitions or restrictions on the importation of goods described in the following headings and subheadings of the Harmonised System:
The corresponding descriptions are provided for reference purposes only.
Item or subheading Description
27.07 Aceites and other products of the distillation of high temperature coal tar; similar products in which the aromatic constituents predominate in weights on non-aromatics.
27.09 Crude oil oils or bituminous minerals.
27.10 Oil or bituminous minerals oil, other than crude oils; preparations not elsewhere specified or included, containing by weight 70% or more of oil or of bituminous minerals, by weight that these oils constitute the base element.
27.11 Oil gas and other gaseous hydrocarbons.
27.12 Vaseline, paraffin, microcrystalline petroleum wax, "slack wax", ozokerite, lignite wax, peat wax and other mineral waxes and similar products obtained by synthesis or by other processes, whether or not coloured.
27.13 Oil, oil bitumen and other residues of petroleum oils or oils obtained from bituminous minerals.
27.14 Betunes and natural asphalts; bituminous slates and sands; asphaltites and asphaltic rocks.
2901.10 Saturated acyclic hydrocarbons.
3. By way of derogation from Article 3-09, Mexico may maintain prohibitions or restrictions on the import of goods described in the following headings or subheadings of the Harmonised System:
The corresponding descriptions are provided for reference purposes only.
Item or subheading Description
8407.34 Alternative piston engines of the type used for the propulsion of vehicles of Chapter 87, of a cylinder capacity exceeding 1,000 cubic centimetres.
8701.20 Tractors for semi-trailers.
87.02 nVehicles for the transport of ten or more people.
87.03 Tourism cars and other motor vehicles primarily designed for the transport of persons (except those of heading 8702), including vehicles of the family type ("Break" or "Station Wagon") and racing vehicles.
87.04 Vehicles for the carriage of goods.
8705.20 Car trucks for drilling or drilling.
8705.40 Revenant trucks.
87.06 Chassis of motor vehicles from 8701 to 8705, equipped with their engine.
Section C
Venezuela Measures
1. By way of derogation from Article 3-09, Venezuela may adopt or maintain prohibitions or restrictions on the importation of used goods. However, Venezuela will not prohibit or restrict the temporary importation of used goods, when imported to provide cross-border services according to Annex 2o. Article 10-02, or to comply with a contract according to Chapter XV, provided that the imported goods:
(a) They are necessary for the provision of the cross-border service or for the performance of the contract awarded to a supplier of another Party;
(b) be used exclusively by the service provider or by the supplier who complies with the contract or under his supervision;
(c) Do not be the object of sale, lease or loan while remaining in Venezuela;
(d) Sean imported in quantities not exceeding what is necessary for the provision of the service or the performance of the contract;
e) Sean re-exported promptly to the conclusion of the service or contract;
(f) Cumplan with the other requirements applicable to the importation of such goods to the extent that such requirements are compatible with this treaty;
g) Cumplan with the other purposes set out in Article 3-06 of this Chapter.
2. By way of derogation from Article 3-09, Venezuela may adopt or maintain prohibitions or restrictions on imports of the following items of the Harmonised System:
The corresponding descriptions are provided for reference purposes only.
Item Description
27.05 Coal, water, gas, and similar gas, excluding petroleum gas and other gaseous hydrocarbons.
27.06 Hulla, lignite, or peat and other mineral tarts, including dehydrated or unheaded, and reconstituted.
27.07 Aceites and other products of the distillation of high temperature coal tar; similar products in which the aromatic constituents predominate in weights on non-aromatics.
27.08 Brea and coke of pitch, coal tar or other mineral tar.
27.09 Crude oil oils or bituminous minerals.
27.10 Oil oils or oils obtained from bituminous minerals, other than crude oils; preparations not elsewhere specified or included, containing petroleum oil or bituminous minerals, by weight of 70% or more and in the that these oils constitute the base element.
27.11 Oil gas and other gaseous hydrocarbons.
27.12 Vaseline, paraffin, microcrystalline petroleum wax, "slack wax", ozokerite, lignite wax, peat wax and other mineral waxes and similar products obtained by synthesis or by other processes, whether or not coloured.
27.13 Oil, oil bitumen and other residues of petroleum oils or oils obtained from bituminous minerals.
27.14 Betunes and natural asphalts; bituminous slates and sands; asphaltites and asphaltic rocks.
27.15 Bituminous mixtures based on asphalt or bitumen, natural, petroleum bitumen, mineral tar, or pitch, mineral tar (for example: bituminous mastics and cutbacks).
First-need goods
Section A
Colombia's first need assets
For the purposes of paragraph 2o. Article 3-11, for Colombia, "goods of first necessity" means:
Vegetable oil
Rice
Arveja
Sugar
Coffee
Chicken Meat
Non-bone beef
Cabezone Onion
Onion in branch
Beer
Chocolate
Beans
Corn flour
Egg
Pasteurized Milk
Milk powder
Corn
Plant and animal butter
Panela
Papa
Pasta
Cheese
Salt
Tomato
Carrot
Section B
Mexico's first need assets
For the purposes of paragraph 2o. Article 3-11, for Mexico, "goods of first necessity" means:
Vegetable oil
Rice
Tuna in tin
White Sugar
Brown Sugar
Steak or beef pulp
Soluble coffee
Roasted Coffee
Ground Beef
Beer
Chile packaging
Chocolate powder
Chicken Concentrate
Bean
Popular Sweet Cookies
Salted cookies
Gelatins
Corn flour
Wheat Flour
Res liver
Oat flakes
Egg
cooked ham
Condensed milk
Milk powder
Milk powder for children
Evaporated milk
Pasteurized Milk
Plant Butter
Margarine
Mass of maize
Pan white
Box Bread
Pasta for soup
Tomato Pure
Bottled soft drinks
Back with bone
Salt
Sardine in tin
Corn Tortilla
Section C
Venezuela's first need assets
For the purposes of paragraph 2o. Article 3-11, for Venezuela, "goods of first necessity" means:
Flour or meal of wheat industrial and domestic use
Pasta
Rice
Corn flour
Canned Sardines
Milk powder
Pasteurized Milk
Whole and unpressed chicken
Chicken eggs
Pork Meat on Foot
Vegetable oil
Domestic Use Sugar
White Cheeses
Infant Formulas
Leguminous
Balanced Animal Feed
Coffee
Salt
Margarine
Fertilizers
Third and fourth category toilet paper
Medicines ..
Exceptions to Item 3-11
Section A
Colombia Measures
1. By way of derogation from Article 3-11, Colombia may maintain the mechanism of funds for the stabilization of agricultural and agricultural products.
2. Colombia may maintain taxes or charges on the export of goods described in the following items or tariff fractions:
The corresponding descriptions are provided for reference purpose only:
Partition or fraction Description
1701.11.10.00 Panela
09.01 Cafe
2701.12.00.10/90 Carbon
2709.00.00.00 Crude oil
2711.11.00.10/90 Natural gas
7202.600.00 Ferroniel
Section B
Mexico Measures
Mexico may maintain its current tax on the export of the goods described in tariff fraction 4001.30.02 of the Tariff of the General Export Tax Law for up to 10 years from the date of entry into force of this Treaty.
Source country markup
1. For the purposes of this Annex,
following definitions shall apply:End Buyer: The last person, who, in the importing party territory, acquires the good in the way it was imported. This buyer is not necessarily the user of the good.
Common container: The container in which the good arrives, usually to the final buyer.
2. Each Party may require that a good of another Party imported into its territory has a country of origin mark indicating the name of the country of origin to the final buyer of the good.
3. Each Party may require, among its general measures of consumer information, that an imported goods bear the country of origin mark in the manner prescribed for the goods of the importing Party.
4. By adopting, maintaining and implementing any measure on the country of origin marking each Party shall minimize the difficulties, costs and inconvenience that such a measure may cause to trade and industry of the other Parties.
5. Each Party:
(a) Accept any reasonable method of marking a good of another Party, such as the use of adhesive or pressure labels, marbetes or paint, which ensures that the mark can be viewed with the ordinary handling of the good or the container, which is be easily read and remain in the good until it reaches the final buyer unless it is intentionally withdrawn;
b) Eximitates the origin marking requirement to a good from another Party that;
i) Do not be able to be marked;
(ii) Cannot be marked prior to export to another Party's territory without damaging it;
(iii) It cannot be marked but at a cost that is substantial in relation to its customs value, so that its export to the territory of the Party is discouraged;
iv) Cannot be marked without material impairment of its performance or substantial deterioration of its appearance;
v) Be in a container marked in such a way that the origin of the good to the final buyer is reasonably indicated;
vi) Be raw material;
vii) is intended to be the subject of production on the territory of the importing Party, by the importer or on his behalf, in such a way as to result in the good becoming well of the importing Party;
viii) Due to its nature or the circumstances of its import, the final buyer can reasonably be aware of the country of origin, even if it is not marked;
ix) It has been produced at least twenty years before its importation;
x) It has been imported without the required mark and cannot be marked after but at a cost that is substantial in relation to its customs value, provided that the omission of the marking has not been intended to circumvent the country marking requirements source;
xi) is in transit, under warranty or at the disposal of the customs authority, for the purposes of its temporary importation free of tax or with suspension of payment of the same; or
xii) Be an original artwork.
6. With the exception of the goods described in paragraph 5 (b), number vi, vii, viii, ix, xi and xii, a Party may provide that where a property is exempt from a country of origin marking requirement, in accordance with paragraph 5 (b), the common external container is marked in such a way as to indicate the country of origin of the goods contained therein.
7. Each Party shall provide that:
(a) A common container that is either empty, disposable or not, will not require the marking of its country of origin, but it may be required that the container in which the common container is imported, be marked with the country of origin of its contents; and
b) A common container full, disposable or not, will not require the marking of its country of origin, but may be required to be marked with the name of the country of origin of its contents, unless its contents are already marked and the container can easily open for inspection, or the marking of the content is clearly visible through the container.
8. Whenever legally and administratively feasible, each Party shall allow the importer to mark a good of a Party after importing it, but before releasing it from the control or custody of the customs authorities, unless the importer has repeated infringements of the marking requirements of the country of origin of the Party and have previously been communicated to it that the goods must be marked prior to their import.
9. Each Party shall provide that, with the exception of importers to whom it has communicated in accordance with paragraph 8., no special charge or penalty shall be imposed for failure to comply with the marking requirements of that country of origin. Part, unless the goods are removed from the control or custody of the customs authorities without being properly marked, or have been affixed to marks which lead to error.
10. The Parties shall cooperate and consult with each other on matters related to this Annex, including additional exemptions from the country of origin marking requirement.
AUTOMOTIVE SECTOR.
ARTICLE 4-01. DEFINITIONS. For the purposes of this Chapter:
Ano-model: the period between the 1o. November of one year and 31 October of the following year.
Comprehensive buses: vehicles without chassis (frame) and with integrated bodywork, intended for the transport of more than 16 persons, including the driver, and which are classified under heading 8702 (buses self-supporting).
Auto Goods: The goods that are classified in Annexes 1 and 2 of Article 4-02.
Trucks and tractor-trailers of more than 15 tons of gross vehicle weight: vehicles with chassis (frame) for the transport of goods, with a gross vehicle weight of 15,000 kilograms or more and which are classified in the subheading 8701.20 or heading 8704.
Gross vehicle weight: The actual weight of the vehicle expressed in kilograms, added to the maximum load capacity according to the manufacturer's specifications and to that of its full fuel tank.
Used automotive vehicle: A vehicle:
a) Sold, leased, or borrowed;
b) Managed by more than:
i) 200 km, in the case of vehicles with a gross vehicle weight of less than five tonnes;
(ii) 2,000 km, in the case of vehicles of gross vehicle weight equal to or greater than five tonnes; or
c) Made prior to the current model year and at least 60 days after the date of its manufacture.
