Act 318 1996

Original Language Title: LEY 318 de 1996

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1996 LAW 318

(September 20)

Official Journal No. 42,884 of 24 September 1996

By which mechanisms are established for the management of financial resources for the fulfillment of international financial commitments, the Colombian Agency for International Cooperation is created and other provisions for the promotion of international cooperation.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

CHAPTER I.

FUND OF INTERNATIONAL FINANCIAL ORGANIZATIONS

ARTICLE 1o. Create the Fund of international financial organizations, Fofi, as a special account of the Ministry of Finance and Public Credit, without legal status, with the exclusive object of fulfilling the payment commitments for the membership of the international financial organizations of which Colombia is a party in accordance with the law.

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ARTICLE 2o. The fund of international financial organizations will have the following resources:

1. The appropriate sums in the General Budget of the Nation, and

2. Any other income obtained from any title authorized by the law.

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ARTICLE 3o. The resources of the fund of international financial organizations will be used to meet payment commitments as members of multinational financial organizations, including payments to the Fund. International Monetary Fund not to be carried out in charge of international reserves, such as contribution to capital or as contributions to its resources.

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ARTICLE 4. The management of the expenditure of the resources of the fund of international financial organizations and the administration of the same, will be carried out through the Ministry of Finance and Public Credit.

CHAPTER II.

COLOMBIAN INTERNATIONAL COOPERATION AGENCY

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ARTICLE 5o. 1o. of Decree 1320 of 1999. Attachment as modified by Article 2or. of Decree 1540 of 2003. View Notes of Vigency > Create the "Colombian Agency for National Cooperation" as a public establishment of the national order assigned to the National Department of Planning, with legal status, own patrimony and administrative autonomy.

PARAGRAFO 1o. Suprimase of the National Planning Department, the Special International Technical Cooperation Division-Decti.

The National Government will define the incorporation of the agency created under this law, two officials currently assigned to the Decti.

PARAGRAFO 2o. The deletion of the Special International Technical Cooperation Division will be held once approved by the National Government, the agency's statutes.

Vigency Notes
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ARTICLE 6o. The Colombian Agency for International Cooperation will have as its essential object the coordination, administration and promotion of all international, technical and financial cooperation, repayable, received and granted by the country in the form of official development aid for public entities, as well as the resources to be obtained as a result of debt forgiveness operations with a content nature social or environmental.

PARAGRAFO. In cases where the Agency for International Cooperation requires the government to approve and to grant cooperation to a private sector entity, such requests for cooperation shall be channeled. also through the agency.

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ARTICLE 7o. Under the previous provision, all entities in the State are required to channel all requests for international cooperation through the Colombian agency of international cooperation.

PARAGRAFO. The agency's board of directors may derogate from the obligation laid down in this Article.

In any case, the entities covered by this type of exception will be coordinated for the relevant purposes, by the cooperation agency and will maintain with this a permanent flow of information.

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ARTICLE 8. The Colombian Agency for International Cooperation will act under the guidelines established by its board of directors, and will comply with the following general functions:

1. Coordinate and articulate all non-reimbursable international, technical and financial cooperation actions received and granted by the country referred to in Article 6or. of this law.

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2. Support national, central and decentralised institutions in the preparation of non-refundable plans, programmes and projects for international technical or financial cooperation.

3. Support local and regional authorities in the preparation of non-refundable plans, programmes and projects for international technical or financial cooperation.

4. To coordinate the requests for international technical or financial cooperation that are not reimbursable for non-governmental organizations and civil society organizations, in the face of international instances of official character in the international cooperation which requires the endorsement or the non-objection of the National Government.

5. Provide the necessary assistance for the creation or strengthening of international cooperation offices in the public sector.

6. Establish in conjunction with the Foreign Ministry and the Colombian diplomatic representations abroad, contacts with potential contributors and recipients of international cooperation.

7. To carry out the technical and logistical organisation of preparatory meetings and joint committees dealing with the subject of non-refundable technical or financial international cooperation, subject to the definition of all aspects relating to foreign policy by the Foreign Ministry.

8. To support the Foreign Ministry in the negotiation processes of the international framework agreements or agreements in the area of cooperation.

9. To negotiate, with the cooperation of the Foreign Ministry, the complementary agreements of international cooperation, technical or financial non-reimbursable, derivatives or not of the framework agreements referred to in the previous numeral.

10. To study with precise observance of the valuation methodologies established by the board of directors, the plans, programs and projects of technical and financial cooperation not reimbursable to be presented by the national institutions through the committee established in article 16 of this Law.

11. Administer and follow up on plans, programs and projects of international technical and financial cooperation not repayable by the country.

12. Prepare the plans, programmes and projects of horizontal or triangular cooperation that the country wishes to carry out.

13. Promote and advance the horizontal or triangular cooperation actions approved by its board of directors.

14. To be the entity of forced channeling of all the programs and projects that the country, through the public entities, present before the international cooperators.

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ARTICLE 9o. The management and administration of the Colombian international cooperation agency will be in charge of a board of directors and a director general.

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ARTICLE 10. As of the validity of this Law, the National Council of National Cooperation, created by Decree 1347 of August 10, 1995, is transformed into a board of directors of the Colombian Agency of International cooperation.

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ARTICLE 11. The Board of Directors of the Colombian Agency for International Cooperation will be composed of:

1. The Director or Deputy Director of the National Department of Planning, who will chair it.

2. The Minister or Deputy Minister for External Relations.

3. The Minister or the Deputy Minister of the Interior, who will act as spokesman for the territorial authorities.

4. A representative of the President of the Republic.

5. The Director of Colciencias.

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ARTICLE 12. Any of the members of the board of directors may propose that in the deliberations they participate without the right to vote, the representatives of other national institutions related to the matter, the executive secretaries of the binational neighbourhood commissions or specialists linked to the entities whose activities are being studied or are of interest to the board.

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ARTICLE 13. The functions of the board of directors of the Colombian agency for international cooperation shall be as of the validity of this Law as follows:

1. To fix the general Iineations that guide the non-refundable technical and financial international cooperation that the country grants or receives, referred to in Article 6or. of this Law.

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2. Define the priorities of non-refundable technical and financial international cooperation that the country wishes to receive.

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3. To study and approve the plans, programs and projects of international technical or financial cooperation that the country wishes to receive, presented to its consideration by the direction of the Colombian agency of international cooperation.

4. To study and approve the projects and cooperation actions that the country wishes to grant to countries of similar or lower level of development, presented to their consideration by the direction of the Colombian agency of international cooperation and by to define the use of the resources of the international cooperation and assistance fund.

5. Adopt the statutes, the internal administrative structure and the personnel plant of the Colombian agency for international cooperation, which will require the approval of the National Government for its validity.

6. Dictate the rules of procedure and establish the manual of functions.

7. Define the administrative policy of the Colombian Agency for International Cooperation and approve its plans and programs.

8. Delegate duties to the Director General of the Colombian Agency for International Cooperation, in accordance with the statutory provisions.

9. Adopt the annual revenue, expenditure and investment budget in accordance with the current budgetary provisions.

10. Approve the acquisition or disposal of the real estate of the Colombian agency for international cooperation.

11. Adopt the methodologies and procedures to be observed by the relevant agencies of the agency in order to carry out the study referred to in the 8o numeral. of article 8or. and the following number 8o. of this article.

12. Set exceptions to the mandatory rule contained in article 7or. of this Law.

13. The others who assign the law to it, the statutes or are in accordance with its nature.

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ARTICLE 14. The Colombian Agency for International Cooperation will have a director general, who will be a free agent for the President of the Republic.

For the exercise of the charge you must credit the following professional requirements:

1. Have a minimum postgraduate professional degree at the master level.

2. Demonstrate a minimum of five (5) years of professional experience, preferably in the area of international cooperation.

3. Have oral and written domain of the English language and/or other language of international relations.

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ARTICLE 15. The director of the Colombian Agency for International Cooperation, will have the following functions:

1. Direct, control and coordinate the administrative action of the agency and exercise its legal representation.

2. Prepare the draft rules of procedure and manual of agency functions and submit them to the approval of the board of directors.

3. Comply with and enforce the decisions and rules issued by the board of directors.

4. To issue the acts and to conclude the contracts, subject to the authorization of the board of directors, when the formality is required in accordance with the law or the statutes.

5. Submit for the final consideration of the Board of Directors and in accordance with the assessment and prior recommendation made by the competent agency in the agency, the plans, programs and projects of technical and financial cooperation reimbursable the country wishes to receive or grant.

6. Delegate to agency officials the exercise of some of their functions in accordance with the authorizations granted to the agency by the Board of Directors in accordance with the laws and regulations in force.

7. Exercise the functions delegated by the board of directors.

8. To order the expenditure of the International Cooperation and Assistance Fund, prior to the authorization of the use by the board of the Colombian agency of international cooperation, in accordance with the article 13, numeral 1o. and 24 of this Act.

9. The others who assign you the law or the statutes.

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ARTICLE 16. The Colombian Agency for International Cooperation will have an intersectoral committee of international cooperation, created by Decree 1347 of August 10, 1995, and integrated from the validity of this Act by:

1. The Director of the Colombian Agency for International Cooperation, who will chair him.

2. The heads of the international technical cooperation offices of the Ministries, or those who do their times.

3. The heads of the international technical cooperation offices of DANE and Colciencias.

Vigency Notes
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ARTICLE 17. The Inter-Sectoral Committee for International Cooperation will act as the instance of liaison and coordination of requests for cooperation, formulated by the cooperating entities "

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ARTICLE 18. The Intersectoral Committee on International Cooperation will have as functions:

1. To study and analyse the sectoral cooperation programmes presented by the international cooperation applicants.

2. Study and analyze the profiles of international cooperation projects.

3. Formulate the recommendations of the case on the projects to which the previous numerals refer, and present them to the competent authorities to carry out the final assessment in the agency.

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ARTICLE 19. The plans, projects and programs of international cooperation will be proposed to the potential cooperators, exclusively by the Colombian Agency of International Cooperation if previously have been approved by the board of directors.

The approval will proceed after the assessment that the board makes of the recommendations contained in the previous study that of the projects, plans and programs, corresponds to the Intersectoral Committee of International Cooperation and the competent in the agency, in accordance with Articles 8or. and 18 of this Act.

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CHAPTER III.

COOPERATION AND INTERNATIONAL ASSISTANCE FUND

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ARTICLE 20. Create the "International Cooperation and Assistance Fund", without legal status and as a special account of the Colombian Agency for International Cooperation, in order to support the actions of non-refundable technical and financial cooperation and international assistance to other developing countries.

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ARTICLE 21. The International Assistance Cooperation Fund will have the following resources:

1. The appropriate sums in the General Budget of the Nation. The minimum annual total amount will be the equivalent of (2,000) minimum monthly legal salaries, with an increase according to the approval of the Congress of the Republic through the General Budget Law of the Nation.

2. Donations that support cooperation among developing countries receive from bilateral and multilateral sources, except that these resources correspond to programs and cooperation projects in which the single beneficiary is Colombia.

3. General resources for triangular operations oriented towards cooperation towards third countries in development.

4. The other assets and resources which, for this fund, are acquired for any title, in accordance with the law.

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ARTICLE 22. The resources of the International Cooperation and Assistance Fund will be used to finance exclusively and in accordance with the priorities of foreign policy and national convenience, programs, projects and activities of cooperation that Colombia forward in other countries of similar or lesser degree of development, after approval of the Board of Directors of the Colombian Agency of International Cooperation.

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ARTICLE 23. The management and destination of the fund's resources will be defined by the Board of Directors of the Colombian Agency for International Cooperation.

PARAGRAFO. In any case, by decision of the Board of Directors of the Colombian Agency of International Cooperation, all or part of the resources of the fund, may be administered by Fonade.

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ARTICLE 24. The Director of the Colombian Agency for International Cooperation will be the computer for the expenditure of the fund's resources and will be responsible for the execution and control of the contracts he holds with the "

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ARTICLE 25. In addition to compliance with the tax control provisions established for the implementation of resources from the National Budget, the Colombian Agency for International Cooperation The Committee of the Representatives of the European Parliament, the Committee of the European People's Party, the Committee of the European People's Party, the Committee of the European People's Party, the Committee of the European People's Party, the Committee of the European People's half-yearly execution

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ARTICLE 26. The National Government shall carry out the operations and budget transfers that are required for the implementation of this Law.

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ARTICLE 27. 1o. and 2or. of Decree 1483 of 1997. The new text is as follows: > This law governs from the date of its enactment, repeals Decrees 2157 of 1982 and 1347 of 1995 and the rules that are contrary to it.

Vigency Notes
Previous Legislation

The President of the honorable Senate of the Republic,

JULIO CESAR GUERRA.

The Secretary of the Honourable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

RODRIGO RIVERA SALAZAR.

The Secretary of the Honourable House,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Santa Fe de Bogota, D.C., on 20 September 1996.

ERNESTO SAMPER PIZANO.

The Minister of the Interior,

HORACIO SERPA URIBE.

The Foreign Minister,

MARIA EMMA MEJIA VELEZ.

The Minister of Finance and Public Credit,

JOSE ANTONIO OCAMPO GAVIRIA

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