1996 (September 13)
Official Gazette No. 42,880 of September 18, 1996
Through which the "Interpretative Protocol of Article 44 of the Treaty of Montevideo 1980" was approved. Summary
REPUBLIC CONGRESS DECREES:
Having regard to the "Interpretative Protocol of Article 44 of the Treaty of Montevideo 1980", made in the city of Cartagena de Indias, Colombia, on June 13, 1994, the text it is as follows:
"INTERPRETATIVE PROTOCOL ARTICLE 44 oF tHE TREATY oF MONTEVIDEO
the Ministers of Foreign Affairs of Argentina, the Republic of Bolivia, the Republic of Colombia, the Republic of Chile, the Republic of Ecuador, the United Mexican States, the Republic of Paraguay, the Republic of Peru, the Eastern Republic of Uruguay and the Republic of Venezuela, and Plenipotentiary of the Federative Republic of Brazil | || AGREED: ARTICLE 1o
in accordance with the provisions of Article 44 of the 1980 Montevideo Treaty, member countries that grant advantages, favors, exemptions, immunities or privileges to products originating in or destined for any other member country. or member, decisions or agreements not foreseen in the Treaty itself or in the Cartagena Agreement shall extend such treatment immediately and unconditionally to the other member countries of the Association form.
. Without prejudice to the provisions of the preceding article, the members that are part of the agreements that article refers may request the Committee of Representatives, the temporary suspension of its obligations under Article 44 of the Treaty of Montevideo 1980, providing the foundations that support your request.
ARTICLE 3. When requesting suspension the second article and the purpose of maintaining the balance of rights and obligations under the previously concluded agreements under the Treaty of Montevideo 1980, refers to the petitioner assume the commitment of:
a) develop bilateral negotiations with other member countries, so that the concessions granted to those countries remain at a general level no less favorable to trade than that provided for in the agreements under the 1980 Montevideo Treaty, preexisting the entry into force of the agreements which the first article refers to.
These negotiations will be requested so founded the country sitting affected, in order to receive compensation substantially equivalent to the loss of trade under the preferences granted instruments not foreseen in the Treaty of Montevideo 1980 | || for this purpose, the country concerned in negotiations, it shall notify the requesting country of the suspension and the Committee of Representatives.
Unless the parties agree to a longer term, negotiations shall begin within thirty days from the respective application and must be completed within one hundred twenty days started. All the negotiations shall not exceed twenty-four months. At the request of the parties involved, the Committee of Representatives may extend this period.
Offsets in favor of less developed countries relative ALADI should note particularly the provisions of the 1980 Montevideo Treaty on differential and more favorable treatment to those countries recognized.
B) Negotiate the application to other member countries that have fulfilled the obligation to eliminate non-tariff barriers within the framework of the Association, the most favorable treatment accorded to a third country in instruments not foreseen in the 1980 Montevideo Treaty, on non-tariff restrictions.
C) Negotiate with member countries that request, the adoption of rules of origin, including qualification criteria, certification procedures, verification and / or control- if the rules of origin agreed in the Agreements referred to in Article I, contains more favorable general or specific treatments, both in exports and imports, that existing under the 1980 Montevideo Treaty
ARTICLE 4. Completed negotiations the third article, with satisfactory results for the parties, the country requesting negotiations give its positive vote in favor of the final suspension at the time that the Committee of Representatives to consider such suspension.
If the outcome of the negotiations is considered insufficient, the affected country to restore the balance of rights and obligations arising out of the 1980 Montevideo Treaty and of the agreements concluded under the said Treaty, the Committee of Representatives shall appoint the members of a panel, in consultation with the countries concerned, for the purposes of determining whether the compensation offered is sufficient.
A) The Group shall, within sixty days of its constitution, if the compensation offered is sufficient, in which case the country concerned will give its positive vote in favor of the final suspension at the time that the Committee of Representatives consider the suspension.
B) If within sixty days of its constitution, the Panel considers that the compensation offered during negotiations is not enough, determined that in his judgment is, and the amount by which the affected country may suspend substantially equivalent concessions.
I) If the country requesting the suspension to the second article refers to access, within thirty days, to provide compensation in accordance with the Panel's determination, the country concerned shall grant its vote positive in favor of the final suspension at the time that the Committee of Representatives to consider the suspension.
Ii) Otherwise, the affected country may withdraw substantially equivalent concessions to the compensation determined by the Panel and may vote against the suspension requested in the Committee of Representatives.
The 5th ITEM. The suspension requested in accordance with Article second, will lead to the following treatments:
a) In the event that no country appears, within one hundred twenty days, it intends to apply for negotiations, This Representatives committee granted the suspension sought in final form for a period of five years, renewable for a further period not exceeding five years.
B) In the event that any country requesting negotiations the suspension will be granted conditionally by the Committee of Representatives for a term of five years.
At the end of bilateral negotiations of the country requesting suspension under Article second with member countries expressed their intention to negotiate, the Committee of Representatives granted the definitive suspension, with the affirmative vote of two thirds of the member countries for which governed this Protocol.
ARTICLE 6o. Representatives Committee will monitor the implementation of each suspension granted under the terms of this Protocol and will submit an annual report to Council of Ministers of the Association report.
ARTICLE 7. This Protocol adopted by the Council of Ministers, with the affirmative vote of two thirds of the members countries without negative feedback, enter into force for the member countries to ratify it, in accordance with their respective constitutional procedures, at the time it is deposited with the General Secretariat of the eighth instrument of ratification.
IN WITNESS WHEREOF, the Ministers of Foreign Affairs and the plenipotentiaries have signed this Protocol in the city of Cartagena de Indias, Colombia, on the thirteenth day of June in 1994, in one original in the Spanish and Portuguese languages, both texts being equally authentic and which shall be the depositary the General Secretariat of the Association.
For the Governments of the Republics of Argentina, Bolivia, Federative of Brazil, Colombia, Chile, Ecuador, United States of Mexico, Paraguay, Peru, Uruguay Oriental, Venezuela.
EXECUTIVE BRANCH PUBLIC POWER
PRESIDENCY OF THE REPUBLIC Santa Fe de Bogota, DC
Approved submit yourself for consideration by the 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 "Protocol on the Interpretation of Article 44 of the 1980 Montevideo Treaty" signed in Cartagena de Indias, Colombia, on June 13, 1994, which is inserted authenticated.
ARTICLE 2A. In accordance with the provisions of article 1. 7a Act. 1944, the "Protocol on the Interpretation of Article 44 of the Treaty of Montevideo 1980", made in the city of Cartagena de Indias, Colombia, on June 13, 1994, that article 1. this law passed, will force the country from the date the international link regarding the same is perfected.
ARTICLE 3A. This Law governs from the date of publication.
The President of the honorable Senate,
LUIS FERNANDO LONDOÑO CAPURRO.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives, GIOVANNY
The President 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 Santa Fe de Bogota, DC, 13 September 1996.
Ernesto Samper Pizano.
The Foreign Minister, Maria Emma Mejia
The Minister of Foreign Trade,
MORRIS HARF MEYER