Act 318 1996

Original Language Title: LEY 318 de 1996

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ACT 318 OF 1996
(September 20)
Official Gazette No. 42,884 of September 24, 1996
By which mechanisms for the management of financial resources for the implementation of international financial commitments are established the Colombian International cooperation Agency is created and other arrangements for the promotion of international cooperation are issued. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES: CHAPTER I.

INTERNATIONAL FUND FINANCIAL
ARTICLE 1o. Believe Fund international financial organizations, Fofi, as a special account of the Ministry of Finance and Public Credit, without legal status, with the sole purpose to fulfill payment commitments by membership in international financial organizations of which Colombia is a party in accordance with the law.
Article 2.
. The background of international financial organizations will have the following resources:
1. Appropriate in the General Budget of the Nation sums, and
2. Other income obtained by any authorized by law Ia title.

ARTICLE 3. The fund's resources from international financial organizations will be used to meet payment obligations as members of multinational financial institutions, including payments to the International Monetary Fund that are not made under international reserves, such as a contribution to capital or as contributions their resources.

ARTICLE 4. The management expense fund resources from international financial organizations and the administration thereof, shall be made through the Ministry of Finance and Public Credit.
CHAPTER II.
COLOMBIAN INTERNATIONAL COOPERATION AGENCY Jurisprudence Effective


The 5th ITEM. Create the "Colombian Agency for lnternational Cooperation" as a public establishment of national order attached to the National Planning Department, with legal personality, its own assets and administrative autonomy. PARAGRAPH 1.
. Delete the National Planning Department, the Special Division of International Technical Cooperation - Decti.
The National Government will define the incorporation of the agency created under this law, two officials currently assigned to the Decti. PARAGRAPH 2.
. The abolition of the Special Division of International Technical Cooperation held once other led by the National Government approved the statutes of the agency. Effective Notes

Effective Jurisprudence


ARTICLE 6o. The Colombian Agency for International Cooperation will be as essential object the coordination, management and promotion of all international cooperation, technical and financial, non-refundable, receive and grant the country in the form of official development assistance aimed at public entities, as well as the resources obtained as a result of debt relief operations with social or environmental nature of content.
PARÁGRAFO. In cases in which the International Cooperation Agency requires the approval or non-objection from the government to approve and deliver cooperation to a private sector entity, such requests for cooperation they should also be channeled through the agency. Effective Jurisprudence


ARTICLE 7. Under the above arrangement, all state bodies are obliged to channel all requests for international cooperation through the Colombian International Cooperation Agency.
PARÁGRAFO. The board of the agency may waive consecrated in this article obligation.
In any case, sheltered by entities such exception will be coordinated for the relevant effects, agency cooperation and maintain this a permanent flow of information. Effective Jurisprudence


Article 8. The Colombian International Cooperation Agency will operate under guidelines established by its board, and will meet the following general features:
1. Coordinate and articulate all actions of international financial and technical cooperation grant received and granted the country to which Article 6 refers. of this law. Effective Jurisprudence


2. Support national institutions, central and decentralized level, in the preparation of plans, programs and projects of technical or financial nonrefundable international cooperation.
3. Support local authorities in the preparation of plans, programs and projects of technical or financial nonrefundable international cooperation.

4. Coordinate requests for technical and financial international cooperation grant submit requiring non-governmental organizations and civil society organizations, to international bodies of official capacity on international cooperation requiring the approval or non-objection of the National Government.
5. Provide necessary support for the creation or strengthening of international cooperation offices in the public sector.
6. Set in conjunction with the Colombian Foreign Ministry and diplomatic representations abroad, contacts with potential contributors and recipients of international cooperation.
7. Carry out the technical and logistical organization of the preparatory meetings and joint committees that deal with the subject of technical or financial international cooperation nonrefundable prior definition of all aspects of foreign policy by the Foreign Ministry.
8. Support the Foreign Ministry in the process of negotiating agreements under international treaties or cooperation.
9. Negotiate, with the cooperation of the Foreign Ministry, supplementary financial agreements international cooperation, technical or non-refundable, derivatives or not the framework agreements that the previous paragraph refers to.
10. Studying with precise observance of the valuation methodologies established by the board, plans, programs and projects of technical and financial cooperation grant submit national institutions through the committee established in Article 16 of this Law.
eleven. Manage and monitor plans, programs and projects of international technical and financial cooperation nonrefundable advance the country.
12. Prepare plans, programs and projects horizontal or triangular cooperation that the country may have.
13. Promote and advance horizontal actions or triangular cooperation approved by its board.
14. Being forced the entity channeling of all programs and projects that the country, through public entities, present to international donors. Effective Jurisprudence


Article 9. The management and administration of the Colombian International Cooperation Agency will be in charge of a board and a CEO. Effective Jurisprudence


ARTICLE 10. From the effective date of this Act mutate the National Council for lnternational Cooperation, created by Decree 1347 of August 10, 1995, on board of the Colombian International Cooperation Agency. Effective Jurisprudence


ARTICLE 11. The Board of Directors of the Colombian International Cooperation Agency shall consist of:
1. The Director or Deputy Director of the National Planning Department, who will preside.
2. The Minister or Deputy Minister of Foreign Affairs.
3. The Minister or the Deputy Minister of Interior, who will act as spokesman for the territorial entities.
4. A representative of the President of the Republic.
5. The Director of Colciencias. Effective Jurisprudence


ARTICLE 12. Any member of the board may propose that the deliberations without the right to vote, representatives of other national institutions related to the topic, the executive secretaries of the binational commissions neighborhood or specialists involved entities whose activities are under consideration or are of interest to the board. Effective Jurisprudence


ARTICLE 13. The functions of the board of the Colombian International Cooperation Agency will be from the effective date of this Act the following:
1. Iineamientos fix general guiding international technical and financial cooperation grant the country give or receive, to which Article 6 refers. of this Law. Jurisprudence Effective


2. Define priorities for international financial and technical cooperation grant the country to receive. Effective Jurisprudence


3. Review and approve the plans, programs and projects of technical or financial international cooperation grant the country to receive, submitted for consideration by the management of the Colombian International Cooperation Agency.
4. And approve projects and cooperation actions that the country wants to give countries with similar or lower level of development, submitted for consideration by the leadership of the Colombian International Cooperation Agency and therefore define the use of fund resources international cooperation and assistance.

5. Adopt the statutes, the internal administrative structure and the staffing of the Colombian International Cooperation Agency, an act that require for their validity the approval of the National Government.
6. Dictate the rules of procedure and set the manual functions.
7. Define the administrative policy of the Colombian Agency for International Cooperation and approve its plans and programs.
8. Delegate tasks to the CEO of the Colombian International Cooperation Agency, in accordance with the statutory provisions.
9. Adopt the annual budget of income, expenses and investments in accordance with the budgetary provisions.
10. Approve the acquisition or disposition of real property of the Colombian International Cooperation Agency.
11. Adopt methodologies and procedures to be observed by the relevant units of the agency to conduct the study that the 8th paragraph refers to. of Article 8. and the following paragraphs the 8th. of this article.
12. Set exceptions to the mandatory rule contained in article 7. of this Law.
13. The other duties assigned by the law, statutes or are consistent with its nature. Effective Jurisprudence


ARTICLE 14. The Colombian Agency for International Cooperation will have a CEO who is agent free appointment and removal of the President of the Republic.
To hold the office must prove the following professional requirements:
1. Have minimum professional degree graduate to master level.
2. Demonstrate a minimum of five (5) years of professional experience, preferably in the area of ​​international cooperation.
3. Having oral and written English language and / or other language of international relations. Effective Jurisprudence


ARTICLE 15. The director of the Colombian Agency for International Cooperation, will have the following features:
1. Direct, control and coordinate the administrative agency action and exercise their legal representation.
2. Prepare draft rules of procedure and manual functions of the agency and subject to the approval of the board.
3. Comply with and enforce the decisions and rules issued by the board.
4. Dictate acts and conclude contracts, prior approval of the board, when according to law or statute that formality is required.
5. Present for the final consideration of the board and in accordance with the valuation and upon the recommendation you made the competent department at the agency, plans, programs and projects of technical and financial cooperation grant that the country wishes to receive or grant.
6. Delegate agency officials exercising some of its functions in accordance with the authorizations granted for this purpose the board in accordance with the laws and regulations.
7. Exercise the functions delegated by the board.
8. Sort spending Cooperation Fund and International Assistance prior authorization of the use by the board of the Colombian International Cooperation Agency, in accordance with Article 13, paragraph 1o. and 24 of this Act.
9. The other duties assigned by law or statute. Effective Jurisprudence


ARTICLE 16. The Colombian International Cooperation Agency will have an intersectoral committee for international cooperation, established by Decree 1347 of August 10, 1995, and integrated from the effective date of this Act:
1. The Director of the Colombian Agency for International Cooperation, who will preside.
2. The heads of the offices of international technical cooperation of the Ministries, or their substitutes.
3. The heads of the offices of international technical cooperation DANE and Colciencias. Effective Notes

Effective Jurisprudence


ARTICLE 17. The Intersectoral Committee for International Cooperation, the instance will act as liaison and coordination of requests for cooperation made by the applicants entities of international cooperation. Effective Jurisprudence


ARTICLE 18. The Intersectoral Committee for International Cooperation will have as functions:
1. Study and analyze the sectoral programs for cooperation by the applicants international cooperation entities.
2. Study and analyze the profiles of international cooperation projects.
3. Formulate appropriate recommendations on the projects to which the previous numerals, and submit for consideration by the competent authorities to carry out the final assessment at the agency.

ARTICLE 19.
plans, projects and international cooperation programs will be offered to potential donors, exclusively by the Colombian International Cooperation Agency if they have previously been approved by the board.
The approval will proceed after the assessment that the board make the recommendations contained in the previous study that projects, plans and programs, corresponding to the Intersectoral Committee for International Cooperation and the competent agency at the agency, in accordance with Articles the 8th. and 18 of this Law. Jurisprudence Effective


CHAPTER III.
FUND AND INTERNATIONAL ASSISTANCE
COOPERATION
ARTICLE 20. Create the "Cooperation Fund and International Assistance" without legal status as a special account and the Colombian Agency for International Cooperation, in order to support the actions of technical and grant aid and international assistance that Colombia for other developing countries.

ARTICLE 21. Cooperation Fund International Assistance will have the following features:
1. Appropriate in the General Budget of the Nation sums. The annual minimum total amount shall be equal to (2,000) legal monthly minimum wage, an increase of as approved by the Congress through the General Budget Law of the Nation.
2. Donations to support cooperation among developing countries receive from bilateral and multilateral sources except those resources correspond to programs and cooperation projects in which the only beneficiary is Colombia.
3. General resources for triangular operations aimed at cooperation to developing third countries.
4. Other assets and resources, bound to this fund acquired in any manner, in accordance with the law.

ARTICLE 22. Resources Cooperation Fund and International Assistance be used to finance exclusively and in accordance with the priorities of the foreign policy and national convenience, programs, projects and activities of cooperation that Colombia later in other countries of similar or less developed, prior approval of the Board of the Colombian Agency for International Cooperation.

ARTICLE 23. The management and use of fund resources will be defined by the Board of Directors of the Colombian Agency for International Cooperation.
PARÁGRAFO. In any case, the decision of the Board of the Colombian Agency for International Cooperation, all or part of the fund's resources may be administered by Fonade.

ARTICLE 24. The Director of the Colombian Agency for International Cooperation will be spending the computer resources of the fund and will be responsible for the implementation and monitoring of its contracts with them.

ARTICLE 25. In addition to compliance with the provisions of fiscal control established for the implementation of resources from the national budget, the Colombian Agency for International Cooperation through its Board of Directors submitted to the Fourth Committees of the Congress, semiannually no later than the second half of March and the second half of September, the semi-annual work program and semiannual report execution.

ARTICLE 26. The National Government will make operations and budget transfers required for the accomplished implementation of this Act.

ARTICLE 27. This law applies from the date of its enactment, repealing the Decrees 1982 and 1347 2157 1995 and the rules that are contrary. Effective Notes

Legislation Previous


The President of the honorable Senate, JULIUS CAESAR
Tulena WAR.
The Secretary of the Senate of the Republic,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
Rodrigo Rivera Salazar.
The Secretary of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota, DC, 20 September 1996.
Ernesto Samper Pizano.
The Interior Minister Horacio Serpa Uribe
.
The Foreign Minister, Maria Emma Mejia
VÉLEZ.
The Minister of Finance and Public Credit, José Antonio Ocampo Gaviria




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