1995 ACT 197
Official Journal No. 41,928 of 12 July 1995
By means of which the Agreement between the Government of the Republic of Colombia and the World Food Program, WFP, of the United Nations, signed on 21 July 1994, is approved
THE CONGRESS OF COLOMBIA,
Having regard to the text of the "Agreement between the Government of the Republic of Colombia and the World Food Program, WFP, of the United Nations", signed on 21 July 1994.
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC
OF COLOMBIA AND THE WORLD PROGRAM
FOOD OF THE UNITED NATIONS.
The Government of the Republic of Colombia, hereinafter "The Government" and the United Nations World Food Programme onwards the "WFP".
Whereas Resolution number 1496 (XV) of the United Nations General Assembly and Resolution number 832 (XXXII) of the Economic and Social Council of the United Nations,
Considering the report and joint proposals of the Secretary-General of the United Nations and the Director-General of FAO on economic development through food assistance "and" on procedures and provisions for employment multilateral food surpluses ",
Whereas by Resolution 1714 (XVI) of the United Nations General Assembly adopted on 19 December 1961, and Resolution number 1/61 of the FAO Conference, adopted on 24 November 1961, the World Food Programme as an instrument for the implementation of socio-economic development projects in all countries of the world through the provision of food assistance,
Considering the desirability of a triangular cooperation between the Government of Colombia, the WFP, and other countries of Latin America and the Caribbean, by generating resources through the monetization of WFP products for use in Support for socio-economic development projects in Latin American and Caribbean countries.
Considering that the Agricultural Marketing Institute, Iidema, has experience in monetization of wheat through the National Agricultural Exchange and that it can meet the requirements required for this purpose, they have resolved to celebrate the present Agreement.
ARTICLE 1o. GENERAL OBJECTIVE. This Agreement aims to establish the necessary legal links to enable the execution of triangular cooperation operations between Colombia, the WFP and other countries of Latin America and the Caribbean, with the to support these countries in their efforts to encourage their populations to carry out activities aimed at their socio-economic development.
ARTICLE 2o. SPECIFIC OBJECTIVE. The cooperation between the Government and the WFP provided for in this Agreement shall be carried out by means of triangular operations. This cooperation aims to generate resources through the monetization of PMA products that can be transferred to other countries of Latin America and the Caribbean, in order to support projects of socioeconomic development and operations of The WFP will implement or implement in these regions.
ARTICLE 3o. MECHANISMS AND PROCEDURES FOR THE IMPLEMENTATION OF THE OPERATION. Subject to prior consultations with the Government, the WFP shall coordinate and prepare, in conjunction with the competent government entity, the programme of the quantities of wheat or other wheat products which can be delivered semi-annually or annually by the WFP, without causing injury to the internal market.
Fulfilled the above requirement, the WFP will deliver to the Idema, in Colombian port, the quantities of wheat in grain or other products that have been previously programmed, for which a contract will be signed between the Idema and the WFP. In this contract, the following procedures will be duly stipulated, in accordance with the conditions in force in Colombia for the import and export of cereals: the precise limit to the quantities imported, the parameters fixed by the internal sectoral policy for cereals, all aspects related to costs and expenses that demand the operations of nationalization, storage and marketing, receipt in port, administration and others to take place. The price shall be governed by the price of the domestic market at the time of the sale of the product in the country.
In the case of approved projects and future projects we will proceed as follows:
a) Projects approved. These projects are the ones that have been approved by the World Food Program's Food Aid Policy and Program Committee. The triangular operation will allow, with the participation of the Government of Colombia, the generation of resources for its transfer to other countries of Latin America and the Caribbean in order to implement the approved projects. In this case the PMA and the recipient governments undertake to give due recognition to Colombia for their participation in the triangular operation;
b) New projects. From the initial stages of the PMA's project formulation process, in which triangular operations are envisaged with the participation of the Government of Colombia, the WFP will consult with the Government in advance of its interest in participating in the project. in this process. In this case the WFP will provide the required opportunity within the procedures and instances established for this purpose.
The government's participation in this process will allow it to identify opportunities for horizontal cooperation in areas for which Colombia has established its cooperation policies.
1. It will be the responsibility of WFP:
a) Inform the Government, with due anticipation, the quantities and qualities scheduled for dispatch that would be shipped;
(b) To issue shipments of wheat or other products, covered by the shipping documents and other documents required by the Government, to permit their discharge, nationalization and marketing in the country;
(c) Cover the costs to be incurred as a result of the procedures laid down in Article III of this Agreement. The shipping documents and other documents required shall indicate to the Director of the WFP in Colombia, who in turn, shall endorse them to the Idema.
2. It will be the responsibility of the Idema:
a) The receipt and nationalisation in port of the products delivered by the WFP;
b) The monetization of products through the Agricultural Exchange;
(c) The surrender of the reports and the corresponding liquidations of such sale to the WFP;
d) The transfer of resources to the WFP, to the account that for this purpose is established with a local bank.
3. It shall be the responsibility of the Government to provide the WFP with the facilities and prerogatives necessary to carry out, in accordance with current currency regulations, the exchange of foreign currency and the transfer thereof to the headquarters of the WFP, for later transfer to the countries of Latin America and the Caribbean in which the socio-economic development projects that have been jointly agreed between the Colombian Government and the WFP are implemented.
The government will also provide the WFP with the facilities and prerogatives required for the nationalization of its shipments.
When the delivery is of wheat or other cereals, the sale of the same, without exception, must meet the requirements laid down in the internal agreements approved by the Government to guarantee the protection of the national industry.
Any dispute concerning the interpretation or implementation of this Agreement which cannot be resolved by direct negotiations between the parties shall be subject to the procedures for peaceful settlement provided for in international law.
Nothing in this Agreement shall imply the waiver of the PMA to any privileges and immunities that it enjoys, nor its acceptance of the jurisdiction of the internal courts of any State, with respect to disputes arising out of This Agreement.
1. This Agreement shall apply provisionally from the time of its signature. This provisional application shall end at the time when one of the parties notifies the other of its attention not to become party to the Agreement and shall also terminate if its entry into force is made, in the words of paragraph 2 of the Article.
2. This Agreement shall enter into force as soon as the parties notify each other of the fulfilment of the necessary legal requirements.
3. This Agreement shall remain in force for a term of three (3) years and shall be automatically renewed for an equal term, unless one of the parties informs the other of its intention to denounce it, in advance of six (6) months with as to the date of its last renewal.
In testimony to the foregoing, the undersigned, duly appointed as representatives of the Government of Colombia and the World Food Program, subscribe to this Agreement, in the city of Santafe of Bogota, at the twenty-one (21) days of the month of July of a thousand nine hundred and ninety-four (1994).
By the Government of the Republic of Colombia,
NOEMI SANIN DE RUBIO,
Minister of Foreign Affairs.
By the World Food Program,
GERMAN VALDIVIA ALTAMIRANO,
The undersigned Head of the Legal Office
from the Ministry of Foreign Affairs,
That the present reproduction is faithful photocopy taken from the original of the "Agreement between the Government of the Republic of Colombia and the World Food Program, PMA, of the United Nations", signed in Bogotá, on 21 July 1994, which rests on the archives of the Legal Office of this Ministry.
Dada en Santafe de Bogota, D. C., at seventeen (17) days
of the month of August of a thousand nine hundred and ninety-four (1994).
Chief Legal Office,
HECTOR ADOLFO SINTURA VARELA.
Executive Branch of the Public Power-Presidency of the Republic
Santafe de Bogota, D. C., October 4, 1994.
Approved. Submit to the honorable consideration
National Congress for Constitutional Effects.
(Fdo.) ERNESTO SAMPER PIZANO
The Foreign Minister,
(Fdo.) RODRIGO PARDO GARCIA.
ARTICLE 1o. Approve the "Agreement between the Government of the Republic of Colombia and the World Food Program, WFP, of the United Nations", which was signed on 21 July 1994.
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Agreement between the Government of the Republic of Colombia and the World Food Program, WFP, of the United Nations", signed on 21 July 1994, which is approved by Article 1 of this Law, will force the country from the date on to improve the international link with respect to the same.
ARTICLE 3o. This law applies as of the date of its publication.
The President of the honorable Senate of the Republic,
JUAN GUILLERMO ANGEL MEJIA.
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
ALVARO BENEDETTI VARGAS.
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR.
Contact and post.
Execute previous Constitutional Court review
pursuant to Article 241-10 of the Political Constitution.
Dada en Santafe de Bogota, D. C., 12 July 1995.
ERNESTO SAMPER PIZANO
The Foreign Minister,
RODRIGO PARDO GARCIA-PENA.
The Minister of Agriculture and Rural Development,
ANTONIO HERNANDEZ GAMARRA.