ACT 458 OF 1998
Official Journal No 43360 of 11 August 1998
Through which the "Protocol amending the Andean Subregional Integration Agreement (Cartagena Agreement approved 1997) ", made in the city of Quito, Ecuador, twenty-five (25) June in 1997 (1997). Summary
THE CONGRESS OF COLOMBIA
having regard to the text of the "Protocol Amending the Andean Subregional Integration Agreement (Cartagena Agreement of 1997)", made in the city of Quito, Ecuador, twenty-five (25) June thousand nineteen ninety-seven (1997), which reads:
(to be transliterated: photocopy of the full text of that instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs is attached).
'PROTOCOL AMENDING THE AGREEMENT Andean Subregional Integration (CARTAGENA AGREEMENT 1997)
The governments of Bolivia, Colombia, Ecuador, Peru and Venezuela;
They agree, through their duly authorized plenipotentiary representatives, the following amendments to the Andean Subregional Integration Agreement (Cartagena Agreement):
ARTICLE 1o. In the 2nd article. replace the term "gross domestic product" instead of "gross national product".
. Replace article 3. by the following:.
"Article 3. To achieve the objectives of this Agreement will be used, among others, the following mechanisms and measures:
a) Deepening of integration with other regional economic blocs and relationship with extra-regional schemes in the political, social, economic and commercial fields;
b) the gradual harmonization of economic and social policies and the approximation of national legislation in relevant fields;
c) joint programming, intensification of subregional industrialization process and the execution of industrial programs and other forms of industrial integration;
d) a release program more advanced than the commitments under the 1980 Montevideo Treaty trade;
e) An External Tariff common;
f) Programmes to accelerate the development of the agricultural and agro-industrial sectors;
g) the channeling of internal and external resources to the subregion to provide financing necessary investments in the integration process;
H) programs in the field of services and release of intra-subregional trade in services;
I) Physical integration; and
j) Preferential treatment for Bolivia and Ecuador.
In addition to the aforementioned mechanisms will be advanced, in concert, the following programs and actions of economic and social cooperation:
a) aimed at promoting scientific and technological development;
B) Actions in the field of border integration;
C) Programs in the area of tourism;
D) Actions for the use and conservation of natural resources and the environment;
E) Social development programs; and
f) Actions in the field of social communication. "
ARTICLE 3. Dispose paragraph c) of Article 26. ARTICLE 4
. Get into the Agreement the following chapter then the current Chapter II:
external relations Article .. the Andean Council of foreign Ministers, formulate a common foreign policy, for matters of subregional interest. To this end, they coordinate joint political positions that will enable effective community participation in international forums and political organizations.
Article .. The Andean Council of Foreign Ministers and the Commission of the Andean Community, define and launch a Community strategy aimed at deepening integration with other regional economic blocs and relations with extra schemes in the political, social, economic and commercial fields.
Article .. To achieve the objective set out in this chapter, the Andean Council of Foreign Ministers and the Commission of the Andean Community will employ, among others, the following measures:
a) Strengthen community participation in economic and trade, international, multilateral, hemispheric and regional forums;
B) Coordinate joint Andean Community negotiations with other integration processes or with third countries or groups of countries; and
c) instruct research, studies and actions to the General Secretariat to achieve the objective and the measures provided for in this chapter. "
the 5th ITEM. Add the following literal, then the current literal c) of the current Article 51:
"C) Program intrasubregional liberalization of services".
ARTICLE 6o. Replace present Article 52 by the following: ". Article .. The Andean Community shall have a common regime on the treatment of foreign capital and, among others, on trademarks, patents, licenses and royalties"
ARTICLE 7. Replace present Article 53 by the following:
"Article .. The Andean Community shall have a uniform regime that must abide by Andean multinational companies."
Article 8. Delete the current Article 60.
Article 9. In the current Article 62 the first paragraph replace by the following:
"Article .. The Industrial Complementation Agreements, shall promote industrial specialization among the Member Countries and may be entered into and carried by two or more of them . Such agreements must be approved by the Commission. "
Article 10. Article 63. Delete existing
ARTICLE 11. Replace present Article 71 by the following:
"Article .. The goods release program is intended to eliminate levies and restrictions of all kinds that affect the importation of products originating in the territory of any Member Country. "
ARTICLE 12. Delete the existing Articles 76, 77, 78, 79, 80, 81, 82 and 83.
ARTICLE 13. Replace present Article 84 by the following:
"Article .. The Member Countries shall refrain from levies and restrictions of all imports of goods originating in the subregion."
ARTICLE 14. Delete the existing Articles 85, 86, 87 and 88.
ARTICLE 15. Get into the Agreement the following chapter after present Chapter V:
intrasubregional Trade in services Article .. The Commission of the Andean Community, a proposal from the General Secretariat , adopt a general framework of principles and rules for the release of intra-subregional trade in services
Article .. the general framework provided in the preceding Article shall apply to trade in services supplied through the following modes.:
a) from the territory of one Member into the territory of another Member Country;
b) in the territory of a Member Country to a consumer from another Member Country;
c) through the commercial presence of companies providing services of a Member in the territory of another Member Country;. and
d) natural persons of a Member in the territory of another Member Country
ARTICLE 16. Delete the current articles 92, 93 and 95.
ARTICLE 17. Replace present Article 98 by the following:
"Article .. the Member Countries undertake not unilaterally alter the duties of the Common External Tariff. Similarly, they undertake the necessary consultations within the Commission before acquiring tariff commitments with countries outside the subregion. The Commission, on a proposal from the General Secretariat and by decision rule on such consultations and determine the terms that must abide the tariff commitments. "
Article 18. Article 119f ) h) substitute the name of "Andean Reserve Fund" with "Latin American Reserve Fund"
ARTICLE 19. Delete the current articles 126, 127, 128, 130, 131 and 132.
. | || ARTICLE 20. Replace the existing Article 141 by the following:
"Article .. for the purposes of the provisions of the preceding article, the Andean Council of Foreign Ministers and the Commission, within their respective competences, shall programs to direct the joint external actions of the member countries, especially with regard to negotiations third countries and groups of countries in political, social, economic and commercial fields, as well as participation in forums and specialized agencies on matters linked to the international economy. "
ARTICLE 21. Add at the end of paragraph b) of the current Article 143 the expression "in particular those aimed at improving the competitiveness of the productive sectors."
ARTICLE 22. No article 147.
ARTICLE 23. Replace current paragraph b) of Article 148 by the following:
"b) Affirmation of cultural identity and training of citizens for the integration of Andean values;"
ARTICLE 24. After the current Article 148 merge into the Agreement the following article:
"Article .. For the purposes indicated in the preceding article, the respective ministers of the social area, in the form of enlarged Commission, adopted in the fields of Community interest:
a) educational programs designed to renew and improve the quality of basic education;
b) Programs that seek to diversify and raise the technical level and coverage of vocational training systems and job training;
c) Programs for the recognition of higher education qualifications Andean level, in order to facilitate the provision of professional services in the subregion;
d) popular participation programs aimed at the full integration of semi-rural areas and in the development process;
e) programs to promote social systems and support projects aimed at promoting the participation of small businesses and microenterprises and associative circuits associated enterprises in the enlarged economic space;
f) programs to promote initiatives aimed at protecting and welfare of the working population; and
g) policy harmonization programs in the fields of women's participation in economic activity; support and protection of children and family; . And attention to ethnic groups and local communities "
ARTICLE 25. Replace the existing Article 152 by the following:
" Article .. This Agreement shall enter into force when all Member Countries the signatories have deposited the instrument of ratification with the General Secretariat of the Andean Community.
This Agreement may not be signed with reservations and shall remain in effect indefinitely "
ARTICLE 26. Get into the Agreement the following chapter after Chapter XV.
Article .. a proposal from the Commission of the Andean Community, and after expression of will of the country concerned, the Andean Council of Foreign Ministers in enlarged meeting may grant the status of Associate Member in favor of a country that has been agreed with the Member Countries of the Andean Community, a free trade agreement.
Article .. At the time of granting the status of Associate Member on a country, the Andean Council of Foreign Ministers and the Commission of the Andean Community, according to their respective powers, defined by decision and after hearing the opinion of the General Secretariat:
a) the bodies and institutions of the Andean Integration System which the Associate Member Country shall belong, and the conditions of their participation;
B) The mechanisms and measures of the Cartagena Agreement in which the Associate Member Country shall participate;
C) The rules to be applied in relations between the Associate Member Country and the other Member Countries and the way those relations shall be administered.
The aspects covered by this Article may be revised at any time, subject to the procedures and powers contained herein. "
ARTICLE 27. Delete the last paragraph of the current Article 155.
|| | ARTICLE 28. Delete the first, second and third transitional provisions
ARTICLE 29. Incorporate the following chapter of transitory provisions:
transitional provisions first.. Notwithstanding the provisions of Article 75 of the Cartagena Agreement, the Commission of the Andean Community, will define the terms of the liberalization program which will be applied to trade between Peru and the other Member Countries, in order to achieve the full functioning of the Andean Free Trade area no later than 31 December 2005. the Peru not obliged to apply the Common External Tariff, until the Commission has not decided the timing and modalities for the incorporation of Peru to this mechanism.
Second. Chapter on Associate Members and the first transitional provision will be implemented provisionally by the Member Countries, while carrying out the ratification procedures required by their respective national laws.
Tercera. The Andean Community Commission may establish an arbitration mechanism for settling disputes between Member Countries that the delivery of the General Secretariat. "
ARTICLE 30. Eliminate numbers 2 and 3 of Annex II of the Agreement .
ARTICLE 31. Eliminate Annex III of the Agreement.
ARTICLE 32. the Commission of the Andean Community, adopt by decision the consolidated text of the Andean Subregional Integration Agreement (Cartagena Agreement ) as amended by this Protocol, for which it made the necessary adjustments numbering of the articles.
Article 33. This protocol is called "Sucre Protocol" and enter into force when all Member Countries have deposited their instrument of ratification with the General Secretariat of the Andean Community.
Made in Quito, Ecuador, on the twenty day of June of the year in 1997, in five originals, all equally valid.
For the Government of Bolivia,
For the Government of Colombia,
For the Government of Ecuador,
For the Government of Peru,
(Illegible signature). "
For the Government of Venezuela,
The undersigned Head of the Legal Office of the Ministry of Foreign Affairs DECLARES
That this reproduction is faithful copy taken from the original text of the" Amending Protocol Agreement Andean Subregional Integration Agreement (Cartagena 1997), "made in the city of Quito, Ecuador, twenty-five (25) June in 1997 (1997), a document that is on file in the Office law of the Ministry.
Given in Santa Fe de Bogota, DC, two (2) days of the month of September in 1997 (1997).
VARELA HECTOR ADOLFO Sintura.
Chief Legal Office, RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC, September 18, 1997 Approved
. Submit to the consideration of the honorable National Congress for constitutional purposes.
Ernesto Samper Pizano (Sgd.) VÉLEZ Maria Emma Mejia.
The Minister of Foreign Affairs, DECREES
ARTICLE 1o. To approve the "Protocol Amending the Andean Subregional Integration Agreement (Cartagena Agreement of 1997)", made in the city of Quito, Ecuador, twenty-five (25) June in 1997 (1997). Article 2.
. In accordance with the provisions of article 1. 7a Act. 1944, the "Protocol amending the Agreement Andean Subregional Integration Agreement (Cartagena 1997)," made in the city of Quito, Ecuador, twenty-five (25) June in 1997 (1997), which Article 1o. this law passed, it will force the country from the date the international link is perfect therefrom.
ARTICLE 3. This law applies from the date of publication. MEDINA ACOSTA Amylkar
The President of the honorable Senate,
PUMAREJO PEDRO VEGA.
The Secretary General of the honorable Senate,
CARLOS ARDILA BALLESTEROS.
The President of the honorable House of Representatives, DIEGO VIVAS
The Secretary General of the honorable House of Representatives,
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communicated and published. Run
prior review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Santa Fe de Bogota, 4 August 1998.
Ernesto Samper Pizano Camilo Reyes Rodriguez.
The Minister of Foreign Affairs,
CARLOS EDUARDO TORRES RONDEROS.
The Minister of Foreign Trade,