Whereby The Agreement Establishing The Association Of Caribbean States, Signed In Cartagena De Indias On July 24, 1994 Approved

Original Language Title: Por la cual se aprueba el Convenio Constitutivo de la Asociación de los Estados del Caribe, suscrito en Cartagena de Indias el 24 de julio de 1994

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LAW 216 1995
(November 8)
Official Gazette, No. 42,738, of March 7, 1996
Through which the "Agreement Establishing the Association of Caribbean States" is approved , signed in Cartagena de Indias on 24 July 1994. Summary

Term Notes
THE CONGRESS OF COLOMBIA,
having regard to the text of the "Agreement Establishing the Association of Caribbean States" signed in Cartagena de Indias on 24 July 1994.

Agreement Establishing the Association of Caribbean States.

PREAMBLE The Contracting States:
Committed to start a new era, characterized by a strengthening cooperation and cultural, economic, political, scientific, social and technological relations among themselves.
Convinced that strengthening cooperation among the States, Countries and Territories of the Caribbean, based on their geographical proximity and historical ties, contribute to the future cultural, economic and social development of their peoples transcending their separateness of the past.
Aware of the need for a timely and effective response to the challenges and opportunities posed by globalization of the international economy and the progressive liberalization of hemispheric trade relations.
Unwilling to promote, consolidate and strengthen the process of regional cooperation and integration in the Caribbean, to establish an enhanced economic space that will contribute to increasing competitiveness in international markets and facilitate active and coordinated participation by the region in the multilateral forums.
Aware of the huge disparity in size, population and levels of development among the States, Countries and Territories of the Caribbean.
Committed to the continued promotion, consolidation and strengthening, among others, the principles of democracy, state of law, respect for sovereignty, territorial integrity of states and right to self-determination of peoples, equal opportunities and respect for human rights, as the basis for strengthening the friendly relations between the peoples of the Caribbean.
Recognizing the importance of the Caribbean Sea as a common asset of the Caribbean people, the role it has played in their history and their potential to operate as a unifying element in their development.
Convinced of the vital importance of preserving the environment of the region and, in particular, shared responsibility in preserving the ecological integrity of the Caribbean Sea, by mobilizing the collective capabilities of their peoples in developing and exploiting their resources sustainably and in line with the environment, to improve the quality of life for present and future generations of Caribbean peoples.
Recalling the decision by the Conference of Heads of Government of the Caribbean Community at its Special Meeting in Port of Spain, Trinidad and Tobago, in October 1992 to establish the Association of Caribbean States as a global framework for adoption of common positions among the States, Countries and Territories of the Caribbean.
Recalling also the Second Ministerial Conference of Caricom and Central America, held in Kingston, Jamaica, in May 1993, in which the Ministers of both sub-regions welcomed the proposal of the Caribbean Community to establish the Association of Caribbean States Caribbean in order to promote economic integration and cooperation in the region.
Recalling further the Summit of the Presidents of the Group of Three with the Heads of State and Government of the Caricom and Vice President of Suriname, held in Port of Spain, Trinidad and Tobago, in October 1993, which was reiterated the commitment to establish the Association of Caribbean States.
Agreed as follows: ARTICLE 1o
. DEFINITIONS.
In this Convention:
"Association" means the Association of Caribbean States established in accordance with Article II.
"Agreement" means the Agreement Establishing the Association.
"Meeting of Heads of State or Government" means the Meeting of Heads of State or Government that Article VI concerns.
"Member State" means a State mentioned in Article IV 1 which is a party to this agreement.
"Associate Member" means a political entity mentioned in Article IV 2.
"Council of Ministers" means the Council of Ministers of the Association, stablished in Article VII.
"Observers" means the entities referred to in Article V and admitted as such to the Association.
"Secretariat" means the Secretariat of the Association established by article VII.

"Secretary General" means the Secretary General of the Association.
"Social Partners" means non-governmental organizations or other entities which are broadly representative of wide interests of the States, Countries and Territories of the recognized and accepted as such by the Council of Ministers region.
Article 2.
. ESTABLISHMENT. By this Agreement the Association of Caribbean States, an organization of States, Countries and Territories of the Caribbean having the nature, purposes and functions specified in this Convention is established.

ARTICLE 3. NATURE, PURPOSE AND FUNCTIONS.
1. The Association is an organization for consultation, cooperation and concerted action whose purpose is to identify and promote the implementation of policies and programs:
a) To strengthen, utilize and develop the collective capabilities of the Caribbean to achieve sustained development in the cultural, economic, social, scientific and technological;
B) Develop the potential of the Caribbean Sea through interaction among Member States and with third countries;
C) To promote an expanded trade and investment with opportunities for cooperation and coordination and, as to increase the benefits to the peoples of the Caribbean resources and assets of the region's economic space, including the Caribbean Sea;
D) Establish, consolidate and augment, as appropriate, institutional structures and cooperative arrangements responsive to the diversity of cultural identities, developmental needs and normative systems within the region.
2. In order to achieve the purposes set out in paragraph 1 of this Article, the Association shall promote gradually and progressively among its members the following activities:
a) economic integration, including trade liberalization, investment, the transportation and other related areas;
B) Discussion of issues of common interest for the purpose of facilitating active and coordinated participation by the region in multilateral fora;
C) The formulation and implementation of policies and programs for cooperation in the areas mentioned in paragraph 1 (a) of this article;
D) The preservation of the environment and conservation of natural resources in the region, including the Caribbean Sea;
E) The strengthening of friendly relations between the peoples and governments of the Caribbean;
F) consultation, cooperation and concerted action in other areas to be agreed.

ARTICLE 4. MEMBERS.
1. The Association shall be open to the participation of the Caribbean states listed in Annex 1 of this Convention. These states have the right to participate in discussions and vote at meetings of the Ministerial Council and Special Committees of the Association.
2. The Association shall be open to participation as Associate Members of the States, Countries and Territories of the Caribbean listed in Annex II of this Agreement. Associate Members shall have the right to intervene in discussions and vote at meetings of the Cabinet and Special Committees on matters that affect them directly, falling within their constitutional competence. The Council shall conclude agreements with the State, country or territory concerned. These agreements establish the terms and conditions under which Associate Members may participate and vote at meetings of the Ministerial Council and Special Committees.
3. Founding Members of the Association States referred to in paragraph 1 of this Article to sign and ratify the Convention before its entry into force and during the first year of operation.

The 5th ITEM. OBSERVERS. Observers may be admitted to the Association on terms and conditions defined by the Council of Ministers. Observers may be admitted from among the States, Countries and Territories listed in Annexes I and II of this Convention. In addition, any other State, Country, Territory, or any organization applying to participate in the Association as an observer, may be granted that category as determined by the Council of Ministers.

ARTICLE 6o. THE MEETING OF HEADS OF STATE OR GOVERNMENT.
1. Any Head of State or Government of a Member State may propose the convening of a meeting of Heads of State or Government. The Secretary General shall convene the meeting after consultation with Member States.
2. The Council of Ministers may, if deemed appropriate, propose the convening of a meeting of Heads of State or Government.

3. When the decision to convene a meeting of Heads of State or Government, the Council of Ministers will convene preparatory meetings is taken.

ARTICLE 7. PERMANENT BODIES OF THE ASSOCIATION.
A) The Council of Ministers, and
b) The Secretariat: The following permanent organs of the Association are established by this Convention.

Article 8. THE COUNCIL OF MINISTERS.
1. The Council of Ministers, made up of representatives of Member States as stipulated in Article X, is the principal organ of policy and direction of the Association, in the context of the purposes and functions set out in Article III of this Agreement.
2. The Council of Ministers may call, in accordance with the rules of procedures set out in Article XI and as often as it deems appropriate, special meetings of the Council of Ministers to consider the issues and matters under consideration.
3. The Council of Ministers may, initially on an ad hoc basis, all those special committees as it deems necessary to assist it in the performance of their duties. The Council of Ministers shall establish and determine the composition and terms of reference of the following special committees:
a) The Committee on Trade Development and External Economic Relations;
B) The Committee for the Protection and Conservation of the Environment and the Caribbean Sea;
C) The Committee on Natural Resources;
D) The Committee on Science, Technology, Health, Education and Culture, and
e) The Committee on Budget and Administration.
4. In his work, the Special Committees referred to in paragraph 3 may request and take into account the views of the "social actors" recognized in Article IX (d).

Article 9. FUNCTIONS OF THE COUNCIL OF MINISTERS. Consistent with the functions and activities of the Association set out in Article III (2) of this Agreement, the Council of Ministers:
a) determine the actions, policies and programs of the Association;
B) consider and approve the biennial work program and budget of the Association;
C) consider and decide on applications for aspiring Member State, Associate or Observer of the Association;
D) Determine what "social actors" it recognizes and accepts and define their roles;
E) Appoint the Secretary General and other senior officials of the Secretariat considers necessary;
F) Establish bylaws and guidelines that govern the functioning of the Association;
G) approve the regulations that govern the operation of the Secretariat;
H) authorize the negotiation and conclusion, by the Secretary General, of agreements with third parties, institutions or groups of States and other entities, in accordance with the requirements demanded by the progress of the work of the Association;
I) recommend and / or adopt amendments to the Convention proposed by Member States in accordance with Article XVIII;
J) decide on the interpretation of this Convention;
K) Perform such other functions as determined by the meeting of Heads of State or Government.

ARTICLE 10. COMPOSITION OF THE COUNCIL OF MINISTERS.
1. The Member States of the Association shall designate a Minister and an alternate to represent them before the Council of Ministers. The Minister or his deputy may be assisted by advisers.
2. Each Member State shall notify the Secretariat on behalf of the Minister designated to represent him before the Council of Ministers, and the name of the person designated as the alternate. In the absence of the designated Minister, the alternate take full representation inherent to the holder.

ARTICLE 11. RULES OF PROCEDURE OF THE COUNCIL OF MINISTERS.
1. Subject to the provisions of this Article, the Council of Ministers shall establish its own rules of procedure.
2. The meetings will be led by a president who will be elected among the representatives of Member States. At the first meeting, the Council of Ministers shall elect the President who hold office for one year. Thereafter the Presidency will follow a rotation system in accordance with the procedural rules referred to in paragraph 1 of this Article.
3. The Council of Ministers will hold a regular annual meeting will be held normally at the seat of the Association. The President of the Council shall convene special meetings if so requested at least two thirds of the member states.

4. Subject to the provisions of this paragraph and Article XII (2), the Council of Ministers decide by consensus matters ... for consideration. Procedural matters shall be decided by the vote of two-thirds of the members present and voting. The classification of matters as either substantive or procedural, should be made by a majority of two thirds of the delegates present. In any case, not be considered as a procedural matter that has a bearing on the decision to substantive matters.

ARTICLE 12. BUDGET.
1. The Cabinet considered and approved the amendments it deems necessary, the draft Budget of the Association submitted to it by the Committee on Budget and Administration.
2. The vote on the final budget figure must be preceded by a vote on each of the budget items. Each budget item must be approved by a majority of three fourths of the votes of delegates present and voting. The total budget of the Association shall be approved by consensus of delegates present.
3. The budget of the association ... every two years and subject to annual review. If not approved the Budget of the Association in a given year, the budget of the previous biennium shall remain in force, and all Members and Associate Members will continue to make the same contributions the previous biennium.
4. Contributions from Member States to the Budget of the Association shall be made in the proportions determined by the Council of Ministers.

ARTICLE 13. SPECIAL FUND. The Cabinet also establish a special fund for the purpose of supporting programs of technical cooperation and related research consistent with the purposes and objectives of the Association. Also determine the general framework of programs to be supported with the Special Fund. The specific activities to be carried out within this framework will be stipulated by the Committee on Trade Development and External Economic Relations with the assistance of the Secretariat. The Special Fund shall constitute resources on a voluntary basis to provide Member States, non members or other entities.

ARTICLE 14. SECRETARIAT.
1. The Secretariat shall comprise a Secretary General and the number of officials that the Cabinet deems appropriate. In addition to the powers and faculties attributed to him, by and under this Convention, the Secretary General shall be the chief administrative officer of the Association.
2. The Secretary General shall be elected on rotation basis for a period of four years, under the terms and conditions as may be determined by the Council of Ministers.
3. The Secretary-General shall act in his capacity as such, at all meetings of the Cabinet and the Special Committees of the Association and submit an annual report on the activities of the same to the Council of Ministers.
4. In carrying out its functions, the Secretary-General and his staff shall not seek or receive instructions from any government of a Member or from any other authority external to the Association State. They shall refrain from any action that would negatively affect their quality of officer of the Association and be responsible only to it.
5. The staff of the Secretariat shall be appointed by the Secretary General, in accordance with standards established by the Council of Ministers. The fundamental criterion to be followed for the appointment of staff is the need to ensure the highest standards of efficiency, competence and integrity. In the recruitment of staff, due attention should be paid to the principles of geographical distribution and linguistic representation on equal terms.
6. Member States undertake to respect the exclusively international character of the responsibilities of the Secretary General and his team, and not to influence them in the performance of their duties.
7. The Council of Ministers adopt regulations to govern the operation of the Secretariat.

ARTICLE 15. FUNCTIONS OF THE SECRETARIAT.
1. In addition to the duties that may be assigned by the Council of Ministers, the Secretariat shall perform in order to achieve the objectives of the Association the following functions:
a) assist the Council of Ministers and the Special Committees of the Association in the development and implementing its policies and programs;
B) maintain contact with other sub-regional, regional and international organizations;

C) design, organize and conduct or, where applicable, request studies on integration issues, notably on trade, investment and economic and social development;
D) collect, store and disseminate information among Member States and Associate Members and, if so decided by the Council of Ministers, other relevant entities;
E) support meetings of the Ministerial Council and Special Committees of the Association and take appropriate action on the decisions emanating from such meetings;
F) coordinating under the work program of the Association, the activities of donor agencies and national, regional and international institutions;
G) prepare the draft budget of the Association, which will be considered by the Committee on Budget and Administration every two years to be submitted for consideration and, where appropriate, approval by the Council of Ministers.
2. In the exercise of its functions, the Secretariat concluded cooperation agreements and take advantage of the facilities of the existing integration organizations in the region.

ARTICLE 16. LEGAL CAPACITY.
1. The Association shall have full international legal personality.
2. Each Member and Associate Member States shall provide the Association in its territory, the most extensive legal capacity accorded to legal persons under their national legislation. The Secretary General shall be the legal representative of the Association.
3. Members and Associate Members agree to take all necessary action to enforce in its territory the provisions of this article, of which promptly inform the Secretariat.

ARTICLE 17. Privileges and Immunities.
1. The privileges and immunities recognized and granted by Member States and Associate Members of the Association shall be set out in a Protocol to this Convention.
2. The Association shall conclude a Headquarters Agreement with the Government of the Member State where it is located, on the privileges and immunities recognized and granted to the Association.

ARTICLE 18. GENERAL COMMITMENT TO IMPLEMENTATION. The Member States of the Association shall take all appropriate and relevant to comply with the provisions arising from this Agreement. Member States shall facilitate the achievement of the objectives of the Association.

ARTICLE 19. LANGUAGES OF THE ASSOCIATION. Association languages ​​are Spanish, French and English.

ARTICLE 20 RELATION TO OTHER AGREEMENTS AND MECHANISMS.
1. None of the provisions of this Convention shall be interpreted as prejudicing the rights and obligations of the Parties under other agreements. Likewise, the provisions of this Agreement shall not affect existing mechanisms for cooperation, coordination and consultation.
2. In the context of this Convention, Member States may undertake initiatives and conclude integration agreements among themselves, provided they are consistent with the purposes and functions of this Convention. Any agreement or initiative may be open to accession by any other Member State with the opportunity to participate and so wishes.

ARTICLE 21. AUTHENTIC TEXT. This Agreement shall be drawn up in Spanish, French and English. Each of the texts is equally authentic.
ARTICLE 22.
SUBSCRIPTION. This Agreement shall be open for subscription from July 24, 1994, by any State, Country and Territory referred to in Article IV.

ARTICLE 23. RATIFICATION. This Agreement shall be subject to ratification by the States, Countries and Territories signatories referred to in Article IV in accordance with their respective constitutional processes.

ARTICLE 24. REGISTRATION. The Convention shall be registered with the Secretariat of the Organization of the United Nations in accordance with Article 102 of the Charter of the organization.

ARTICLE 25. DEPOSITARY. The instruments of ratification shall be deposited with the Government of the Republic of Colombia, who shall send duly authenticated copies to the Ministries of Foreign Affairs of the Member States and the relevant authorities of Associate Members.

ARTICLE 26. ENTRY INTO FORCE. This Agreement shall enter into force when two thirds of the States referred to in Article IV (1) have deposited their instruments of ratification.


ARTICLE 27. ACCESSION. After its entry into force, this Convention shall be open for accession by the States, Countries and Territories mentioned in Article IV. Accession shall be effected by the deposit of an instrument of accession with the Government of the Republic of Colombia which shall inform the Member States and Associate Members. This Agreement shall enter into force for the States, Countries and Territories to adhere to it, thirty days after the deposit of its instrument of accession.

ARTICLE 28. AMENDMENTS. This Agreement may be amended by agreement, by consensus of the Meeting of Heads of State or Government or the Council of Ministers. Such amendments shall enter into force thirty days after ratification by at least two thirds of the Member States.

ARTICLE 29 INTERPRETATION AND DISPUTE SETTLEMENT. Any doubts or disputes that may arise between Members of the Association, relating to the interpretation or application of this Convention which can not resolve the parties involved, shall be resolved by the Council of Ministers.

ARTICLE 30. duration and termination.
1. This Agreement shall be valid indefinitely.
2. Any Contracting Party may terminate this Agreement at any time. The withdrawal shall take effect one year after the date of receipt by the depositary of formal notice of termination. The complaint will not void the commitments made by the denouncing Party under this Convention during the period prior to the complaint. The Convention shall remain in force for the other Parties, provided that not less than two thirds of the States referred to in Article IV (1) continue to be Parties.

ARTICLE 31. RESERVATIONS. This Agreement admits no reservations.
Made in Cartagena de Indias, Republic of Colombia,
the July 24, 1994, in a single copy
in Spanish, French and English languages, each
texts being equally authentic. The original text shall be deposited
with the Government of the Republic of Colombia.
In witness whereof, the duly authorized representatives
signed this Convention:
For the Government of Antigua and Barbuda,
(illegible signature).
For the Government of the Commonwealth of The Bahamas,
(illegible signature).
For the Government of Barbados,
(illegible signature).
For the Government of Belize,
(illegible signature).
For the Government of the Republic of Colombia,
(illegible signature).
For the Government of the Republic of Costa Rica,
(illegible signature).
For the Government of the Republic of Cuba,
(illegible signature).
For the Government of the Commonwealth of Dominica,
(illegible signature).
For the Government of the Republic of El Salvador,
(illegible signature).
For the Government of the United Mexican States,
(illegible signature).
For the Government of Grenada,
(illegible signature).
For the Government of the Republic of Guatemala
(illegible signature).
For the Government of the Cooperative Republic of Guyana
(illegible signature).
For the Government of the Republic of Haiti,
(illegible signature).
For the Government of the Republic of Honduras,
(illegible signature).
For the Government of Jamaica,
(illegible signature).
For the Government of the Republic of Nicaragua,
(illegible signature).
For the Government of the Republic of Panama,
(illegible signature).
For the Government of the Dominican Republic,
(illegible signature).
For the Government of St. Kitts and Nevis,
(illegible signature).
For the Government of Saint Vincent and the Grenadines,
(illegible signature).
For the Government of Saint Lucia,
(illegible signature).
For the Government of Suriname,
(illegible signature)
For the Government of the Republic of Trinidad and Tobago,
(illegible signature).
For the Government of the Republic of Venezuela,
(illegible signature)
In addition to the above states, the following States, countries and territories have signed this Agreement under Article IV (2) and related XXII Associate Members of the Association;
For the Government of Anguilla,
(illegible signature).
For the Government of Bermuda,
(illegible signature).
For the Government of the Cayman Islands,
(illegible signature).
For the Government of Turks and Caicos Islands,
(illegible signature).
For the Government of the British Virgin Islands,
(illegible signature).
For the Government of Montserrat,
(illegible signature).
For the Government of the French Republic
(a title: Guadeloupe, French Guiana and Martinique)
(illegible signature).
For the Government of the Kingdom of the Netherlands
(Aruba and the Netherlands Antilles)
(illegible signature).

ANNEX I. List of States for which is open

Participation in the Association as Member States.

Antigua and Barbuda Barbados Belize


Colombia Costa Rica Cuba


Dominica El Salvador United Mexican States


Grenada Guatemala

Guyana Haiti Honduras


Jamaica Bahamas Panama Nicaragua


Dominican Republic St.
Kitts and Nevis Saint Vincent and the Grenadines Saint Lucia Suriname Trinidad and Tobago
Venezuela.
ANNEX II.
List of States and Territories for which participation is open
as Associate Members.

Anguilla Bermuda Cayman Islands Turks and Caicos Islands, British Virgin Islands

US Virgin Islands Montserrat


Puerto Rico French Republic (a title: Guadeloupe Guiana Martinique .
Kingdom of the Netherlands (Aruba and Netherlands Antilles)
the undersigned Head of the Legal Office
Ministry of Foreign Affairs DECLARES
:
That this reproduction is faithful copy taken from the original "Articles of Agreement of the Association of Caribbean States", signed in Cartagena de Indias, on July 24, 1994, which lies in the archives of the Legal Office of the Ministry.
Given in Santafe de Bogotá, DC, six (6) days of
December in 1994 (1994).
the Chief Legal Office,
VARELA HECTOR ADOLFO Sintura.
President the honorable House of Representatives, Rodrigo Rivera Salazar
.
the Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
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, 8 November 1995.

Ernesto Samper Pizano Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA.

Public Power Executive Branch.
Presidency of the Republic.
Bogota, DC, December 28, 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-PEÑA. DECREES
:

ITEM 1A. To approve the "Agreement Establishing the Association of Caribbean States" signed in Cartagena de Indias on 24 July 1994.

ARTICLE 2A. In accordance with the provisions of article 1. 7a Act. 1944, the "Agreement Establishing the Association of Caribbean States", signed in Cartagena de Indias on July 24, 1994, that the first article of this law is passed, will force the country from the fech that international link from the same is perfected.

ARTICLE 3A. This Law governs from the date of publication.
The President of the honorable Senate of the Republic (E.)
HERMIDA Jose Antonio Gomez.
The Secretary General of the Senate of the Republic,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
Rodrigo Rivera Salazar.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communication and publication. Run
prior review by the Constitutional Court in accordance with Article 241-10 of the Constitution.
Given in Bogota, DC, 8 November 1995.

Ernesto Samper Pizano Minister of Foreign Affairs,
RODRIGO PARDO GARCÍA-PEÑA.


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