LAW 408 1997
Official Gazette No. 43164 of 31 October 1997
Through which approved "the Convention on the International Hydrographic Organization, IHO" signed in Monaco on 3 May 1967. Summary
THE CONGRESS OF COLOMBIA
having regard to the text of the "Convention on the International Hydrographic Organization, IHO" signed in Monaco on May 3, 1967.
(To be transliterated: photocopy of the text is attached full of that instrument, duly authenticated by the Head of the Legal Office, the Ministry of Foreign Affairs).
CONVENTION ON THE INTERNATIONAL HYDROGRAPHIC ORGANIZATION
The Governments Parties to this Convention.
Whereas the International Hydrographic Bureau was established at June 1921 to contribute to the global navigation easier and safer, improving nautical charts and documents;
Desiring to pursue on an intergovernmental basis their cooperation in hydrography;
Agreed as follows: Article I.
hereby established an International Hydrographic Organization, hereinafter called the Organization, based in Monaco is established.
The Organization has consultative and purely technical nature. Its purpose is to achieve:
a) The coordination of activities of national hydrographic services;
B) The greatest possible uniformity in nautical charts and documents;
C) The adoption of safe and effective for the implementation and operation of hydrographic survey methods;
D) The progress of science relating to hydrography and the techniques used for oceanographic surveys.
Members of the Organization are the Governments Parties to this Convention.
The Organization shall comprise:
- The International Hydrographic Conference, hereinafter referred to as the Conference;
- The International Hydrographic Bureau, hereinafter referred to as the Bureau, administrated by the Steering Committee.
The functions of the Conference are:
a) To give general directives on the functioning and work of the Organization;
B) Proceed to the election of the members of the Steering Committee and its Chairman;
C) examine the reports submitted by the Bureau;
D) decide on all proposals of a technical or administrative nature submitted by Member Governments or by the Bureau;
E) To approve the budget by a majority of two thirds of the Member Governments represented at the Conference;
F) adopt by a majority of two thirds of the Member Governments amendments to the General Regulations and Financial Regulations;
G) Take the prescribed in the preceding paragraph any other supplementary regulations most of which establishment may be necessary, particularly with regard to the conditions of service of the directors and staff of the Bureau.
1. The Conference shall consist of representatives of Member Governments. It shall hold regular meetings every five years. It may hold a special meeting at the request of a Member Government or of the Bureau, subject to approval of the majority of Member Governments.
2. The Conference will be convened by the Bureau six months in advance at least. Be attached to the call plans a provisional agenda.
3. The Conference shall elect its President and Vice President.
4. Each Member Government shall have one vote. However, in voting on matters that article 5 (b), each Government shall have a number of votes determined by a scale established in relation to the tonnage of their fleets concerns.
5. Conference decisions shall be taken by a simple majority of the Member Governments represented therein, except when the Convention provides other provisions. In case of a tie vote, the President is empowered to make a decision. In the case of a resolution which is to be incorporated into the repertoire of Technical Resolutions, the majority shall in any case, at least the concurring votes of one third of the Member Governments.
6. In the interval between conferences, the Bureau may consult by correspondence Member Governments on matters concerning the technical functioning of the Organization. The voting procedure shall conform to the provisions of paragraph 5 of this Article, the majority being calculated in this case, with respect to the entire membership of the Organization.
7. The Conference shall constitute its own Committees, including the Finance Committee referred to in article 7.
1. The control of the financial management of the organization will be headed by a Finance Committee on which each Member Government may be represented by one delegate.
2. The Commission shall meet on the occasion of meetings of the Conference. It may hold special meetings.
To achieve the objectives defined in the 2nd article, the Bureau shall, inter alia:
a) Establish a close and permanent association between national hydrographic services;.
B) To study any matters relating to hydrography and the allied sciences and techniques, and to collect the necessary documents;
C) Promote the exchange of nautical charts and documents between hydrographic offices of Member Governments;
D) To disseminate all useful documentation;
E) Provide advice and counsel you are requested, especially to countries whose hydrographic services are being created or development;
F) To encourage coordination of hydrographic surveys with subsequent oceanographic activities;
G) To extend and facilitate the application of oceanographic knowledge for the benefit of navigators;
H) To cooperate with international organizations and scientific institutions which have related objectives.
The Bureau shall consist of the Steering Committee and the technical and administrative personnel necessary to the Organization.
1. The Steering Committee shall administer the Bureau in accordance with the provisions of this Convention and its regulations and in accordance with the guidelines given by the Conference.
2. The Steering Committee shall consist of three members of different nationalities elected by the Conference, which further elect one of them to perform the duties of Chairman. The mandate of the Steering Committee is five years. If the vacancy of a Director in the interval between two Conferences, you can proceed to an election by correspondence as provided by the General Regulation.
3. The Chairman of the Steering Committee represent the Orga-nization.
The operating procedures of the Organization shall be defined by the General Rules and Financial Regulations are annexed to this Convention but do not form an integral part thereof.
The official languages of the Organization are French and English.
The Organization has legal personality and enjoys in the territory of each of its members, subject to the agreement of the Member Government concerned, such privileges and immunities as are necessary for the exercise of its functions and fulfill its objectives.
The expenses necessary for the functioning of the Organization shall be covered by:
a) The ordinary annual contributions of Member Governments according to a scale based on the tonnage of their fleets;
B) gifts, bequests, grants and other resources, with the approval of the Finance Committee.
Any Member Government which is in two-year delay in the payment of its contributions shall be denied all rights and benefits granted to Member Governments by the Convention and the regulations to pay their contributions due.
The budget of the Organization shall be prepared by the Steering Committee, reviewed by the Finance Committee and approved by the Conference.
Any dispute concerning the interpretation or application of this Convention which is not settled by negotiation or by the good offices of the Management Committee, shall be submitted, upon request of one of the parties in dispute to an arbitrator by the President of the International Court of Justice.
1. This Agreement shall be open in Monaco on 3 May 1967, and subsequently at the Legation of the Principality of Monaco in Paris from 1 June 1967 to December 31, 1967, for signature by any Government which, on 3 May 1967, participate in the work of the Bureau.
2. The Governments referred to in paragraph I above, may become Parties to this agreement:
a) signing it without reservation of ratification or approval, or
b) signing it subject to ratification or approval and then depositing an instrument of ratification or approval.
3. The instruments of ratification or approval shall be handed to the Legation of the Principality of Monaco in Paris to be deposited in the archives of the Government of the Principality of Monaco.
4. The Government of the Principality of Monaco shall inform the Governments referred to in paragraph I above and the Chairman of the Steering Committee of each signature and deposit of the instrument of ratification or approval.
1. This Agreement shall enter into force three months after the date on which twenty-eight Governments have become parties thereto in accordance with the provisions of paragraph 2 of Article XVIII.
2. The Government of the Principality of Monaco shall notify this date to all signatory Governments and the President of the Steering Committee.
Once you have entered into force, this agreement shall be open to accession by the Government of any maritime state which applies to the Government of the Principality of Monaco; specifying the tonnage of its fleet and with the approval of two thirds of Member Governments. Such approval shall be notified to the Government concerned by the Government of the Principality of Monaco. The agreement will enter into force for the Government of that State on the date on which it deposited its instrument of accession with the Government of the Principality of Monaco, which shall so inform all Member Governments and the President of the Steering Committee.
1. Any Contracting Party may propose amendments to this agreement.
2. The proposed amendments will be considered by the conference and shall take a decision to this effect by two-thirds majority of the Member Governments represented at the Conference. When the Conference has approved a proposed amendment, the Chairman of the Steering Committee asked the Government of the Principality of Monaco to submit it to all Contracting Parties.
3. The change will take effect for all Contracting Parties three months after the Government of the Principality of Monaco has received notifications of approval by two thirds of the contracting parties. That Government shall inform the Contracting Parties and the Chairman of the Steering Committee, specifying the date of entry into force of the amendment.
1. At the expiry of five years from the date of its entry into force, this Agreement may be terminated by either Contracting Party, notice of at least one year, by notification to the Government of the Principality of Monaco. The denunciation shall take effect on 1 January following the expiry of the notice and shall involve the abandonment by the Government concerned of all rights and benefits conferred by its membership of the Organization.
2. The Government of the Principality of Monaco shall inform the Contracting Parties and the President of the Steering Committee, a notice of denunciation received.
Once this Convention has entered into force, the Government of the Principality of Monaco proceed to registration with the Secretariat of the United Nations Organization, in accordance with Article 102 of the Charter of Nations You together.
In witness whereof, the undersigned, being duly authorized thereto, have signed this agreement.
In Monaco on May 3 from in 1967 day in a single copy in English and French, both texts being equally authentic; that copy shall be deposited in the archives of the Government of the Principality of Monaco and the latter transmit certified copies of the document to all signatories and Parties and Governments copies to the Chairman of the Steering Committee.
Note: By Decision No. 5, the XIII IH Conference approved a different system for the election of Directors. A new text of paragraph 2 of Article X of the Convention was approved. This amendment was referred to the Contracting Parties, in accordance with Article XXI of the Convention. On the date of publication of this edition, the majority of two thirds of the Member Governments or has yet been reached. The text adopted at the XIII Conference is included below, and replace the previous text if finally approval is achieved.
. "2 The Steering Committee shall consist of three Directors, one President and two other directors, each of different nationality, elected by the Conference. The Conference shall elect the President first and then the other two directors. The term of office of the Steering Committee shall be five years. If a director becomes vacant during the period between two Conferences may conduct an election by correspondence, as required by general regulations ".
The undersigned Head of the Legal Office
Ministry of Foreign Affairs DECLARES
That this reproduction is certified true copy taken from the text of the "Convention Concerning the International Hydrographic Organization" - OHI, signed in Monaco on May 3, 1967, which lies in the archives of the Legal Office of the Ministry.
Given in Santa Fe de Bogota, DC, on the twenty-nine (29)
day of July in 1996 (1996).
Chief Legal Office,
VARELA HECTOR ADOLFO Sintura. RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC
Approved. Submit to the consideration of the honorable
National Congress for constitutional purposes.
Fdo.). César Gaviria Trujillo
The Minister of Foreign Affairs,
(Sgd.) RUBIO Noemi Sanin. DECREES
ARTICLE 1o. Approval of "The Convention on the International Hydrographic Organization" -OHI-, signed in Monaco on 3 May 1967.
ARTICLE 2o. In accordance with the provisions of article 1. 7a Act 1944, -OHI-, signed in Monaco on May 3, 1967 "The Concerning the International Hydrographic Organization Convention"; that the first article of this law is approved, it will force the country from the date the international link is perfect therefrom.
ARTICLE 3o. This law applies from the date of publication.
The President of the honorable Senate,
Amylkar ACOSTA MEDINA.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable Chamber of Representatives,
CARLOS ARDILA BALLESTEROS.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communication and publication. Run
prior review by the Constitutional Court,
under Article 241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, on October 28, 1997
Ernesto Samper Pizano Minister of Foreign Affairs, EMMA MEJIA VELEZ MARIA
The Minister of National Defense, Gilberto Echeverri Mejía
The Minister of Environment,
Eduardo Verano de la Rosa.