ACT 197 OF 1995
Official Gazette No. 41,928, of July 12, 1995
Through which the Agreement between the Government of the Republic of Colombia and the World Programme approved Food, WFP, United Nations, signed on July 21, 1994 Summary
CONGRESS OF COLOMBIA DECREES
having regard to the text of the "Agreement between the Government of the Republic of Colombia and the World Food Programme, WFP, United Nations" signed on July 21
1994. AGREEMENT BETWEEN THE GOVERNMENT oF THE REPUBLIC oF COLOMBIA
AND THE WORLD FOOD PROGRAMME UNITED NATIONS.
The Government of the Republic of Colombia, hereinafter "the Government" and the World the "WFP" Food Program of the United Nations on.
Considering Resolution No. 1496 (XV) of the United Nations General Assembly and Resolution No. 832 (XXXII) of the United Nations Economic and Social Council,
Considering the report and joint proposals of the Secretary General United Nations and the director General of FAO "on economic development through food assistance" and "on procedures and provisions for multilateral use of food surpluses"
Whereas by Resolution 1714 (XVI) of the General Assembly United Nations approved dated December 19, 1961, and Resolution No. 1/61 of the FAO Conference, adopted on 24 November 1961 the World Food Programme was established as an instrument for the implementation of projects socio-economic development in all countries of the world through the provision of food assistance,
Considering the desirability of a triangular cooperation between the Government of Colombia, WFP, and other countries in Latin America and the Caribbean, by generating resources through monetization of WFP commodities for use in supporting socio-economic development projects in Latin America and the Caribbean.
Given that the Agricultural Marketing Institute, Idema has experience in monetization of wheat through the National Agricultural Exchange and can meet the requirements for this purpose, have decided to conclude this Agreement.
ARTICLE 1o. GENERAL OBJECTIVE. This Agreement has the general objective to establish the necessary legal links that allow the execution of operations of triangular cooperation between Colombia, WFP and other countries in Latin America and the Caribbean, in order to support these countries in their efforts to encourage their populations in the implementation of activities aimed at socio-economic development.
. SPECIFIC GOAL. Cooperation between the Government and WFP under this Agreement shall be effected by the execution of triangular operations. This cooperation aims to generate resources through monetization of WFP products that can be transferred to other countries in Latin America and the Caribbean, in order to support socioeconomic development projects and emergency operations WFP run or implements in those regions.
ARTICLE 3. MECHANISMS AND PROCEDURES FOR COMPLETION OF THE OPERATION. Subject to prior consultations with the Government, WFP will coordinate and prepare, together with the competent government entity, the program of the quantities of wheat grain or other products that can be delivered semi-annually or annually by WFP, without causing trauma to the Internal market.
Fulfilled the above requirement, WFP delivered to Idema in Colombian port, the quantities of wheat grain or other products that have been previously scheduled, for which a contract between Idema and WFP will be signed. The contract will be properly set forth the following procedures, in accordance with current conditions in Colombia for the import and export of cereals the precise limit to import quantities, the parameters set by the domestic sector policy Cereal, all aspects costs and expenses demanded nationalization operations, storage and marketing, port receipt, administration and others that could take place. The price will be governed by the domestic market price at the time of the sale of the product in the country.
For approved projects and future projects will proceed as follows:
A) Projects approved. These projects are those that have been approved by the Policy Committee and food aid programs of the World Food Programme. The triangular operation will, with the participation of the Government of Colombia generating resources for transfer to other countries in Latin America and the Caribbean in order to implement approved projects. In this case, WFP and recipient governments undertake to give due recognition to Colombia for their participation in the triangular operation;
B) New projects. From the initial stages of formulating WFP projects in which triangular operations contemplated with the participation of the Government of Colombia WFP will consult in due time before the Government for its interest in participating in this process. In this case, the WFP will provide the opportunity required within the procedures and bodies established for that purpose.
Government involvement in this process will identify opportunities for horizontal cooperation in areas for which Colombia has established cooperation policies.
ARTICLE 4. RESPONSIBILITIES.
1. It is the responsibility of WFP:
a) Inform the Government, with due notice, quantities and qualities scheduled for release would be shipped;
B) Expedite shipments of wheat or other products covered by the shipping documents and other documents required by the government to allow its download, nationalization and marketing in the country;
C) cover costs that might arise as a result of the procedures set out in Article III of this Agreement. Shipping documents and other required documents indicated as consignee to WFP Country Director in Colombia, who in turn, will endorse the Idema.
2. It is the responsibility of Idema:
a) The receipt and port nationalization of products delivered by WFP;
B) Monetizing products through the Agricultural Commodity Exchange;
C) The surrender of the reports and the corresponding settlements of such sale, WFP;
D) The transfer of resources to WFP, to the account established for that purpose with a local bank.
3. It is the responsibility of the Government to provide WFP facilities and privileges necessary to perform according to the current exchange regulations, foreign exchange and Ia transfer them to WFP headquarters for further transfer to the countries of Latin America and the Caribbean where socio-economic development projects that have been agreed jointly between the Colombian government and WFP run.
Likewise, the Government will provide WFP facilities and privileges required for the nationalization of their cargoes.
When delivery is wheat or other cereals, selling them without exception must meet the requirements of internal agreements approved by the Government to ensure protection to the domestic industry.
The 5th ITEM. DISPUTE.
Any dispute concerning the interpretation or implementation of this Agreement can not be settled through direct negotiations between the parties, it will be subject to the procedures for peaceful settlement under international law.
Nothing in this Agreement shall entail waiver WFP to any privileges and immunities enjoyment, nor its acceptance of the jurisdiction of domestic courts of any State with respect to disputes arising under that Agreement.
ARTICLE 6o. PROVISIONAL APPLICATION, ENTRY INTO FORCE AND DURATION.
1. This Agreement shall apply provisionally from the date of signature. This provisional application shall terminate at the time that one of the parties notifies the other of its attention not become party to the Agreement and also terminate if its entry into definitive force, under the terms of the 2nd paragraph of this article occurs.
2. This Agreement shall enter into force definitively when the parties notify each other of compliance with legal requirements.
3. This Agreement shall remain in force for a period of three (3) years and is automatically renewed for an equal period, unless one of the parties to communicate to the other its intention to terminate, with advance notice of six (6) months with respect to the date of the last renewal.
In witness whereof, the undersigned, being duly appointed representatives of the Government of Colombia and the World Food Programme, have signed this Agreement, in the city of Bogota, at twenty (21) days of July in 1994 (1994).
For the Government of the Republic of Colombia,
Noemi Sanin DE RUBIO, Minister of Foreign Affairs
For the World Food Programme, VALDIVIA
GERMAN ALTAMIRANO, Representative
The undersigned Head of the Legal Office
Ministry of Foreign Affairs DECLARES
that this reproduction is faithful copy taken from the original of the "Agreement between the Government of the Republic of Colombia and the World Food Programme, WFP, United Nations" signed in Bogota on July 21, 1994, which lies in the files of the Legal Office of the Ministry.
Given in Bogota, DC, at seventeen (17) days
of August in 1994 (1994).
Chief Legal Office,
VARELA HECTOR ADOLFO Sintura.
Public Power Executive Branch - President of the Republic
Santafe de Bogota, DC, October 4, 1994. Approved
. Submit to the consideration of the honorable
National Congress for constitutional purposes.
(Sgd.) Ernesto Samper Pizano
The Minister of Foreign Affairs,
(Sgd.) RODRIGO PARDO GARCÍA. DECREES
ARTICLE 1o. To approve the "Agreement between the Government of the Republic of Colombia and the World Food Programme, WFP, United Nations," irmado on 21 July 1994.
ARTICLE 2o. In accordance with the provisions of article 1. 7a Act. 1944, the "Agreement between the Government of the Republic of Colombia and the World Food Programme, WFP, United Nations" signed on July 21, 1994, that article 1 of this Act is approved, it will force the country from the date the international link regarding the same is perfected.
ARTICLE 3. This law applies from the date of publication.
The President of the honorable Senate, GUILLERMO JUAN ANGEL MEJIA
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives
BENEDETTI ALVARO VARGAS.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communication and publication. Run
prior review by the Constitutional Court
accordance with Article 241-10 of the Constitution.
Given in Bogota, DC, 12 July 1995.
Ernesto Samper Pizano Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA.
The Minister of Agriculture and Rural Development,
GAMARRA ANTONIO HERNÁNDEZ.