458 OF 1998

(August 4)

Official Journal No 43,360 of 11 August 1998

By means of which the "Amending Protocol to the Andean Subregional Integration Agreement (Cartagena Agreement of 1997)" is approved, made in the city of Quito, Ecuador, the twenty-five (25) of June of a thousand nine hundred seven (1997).

COLOMBIA CONGRESS

Having regard to the text of the "Amending Protocol to the Andean Subregional Integration Agreement (Cartagena Agreement of 1997)", made in the city of Quito, Ecuador, the twenty-five (25) of June of a thousand nine hundred and ninety-seven (1997), which to the letter says:

(To be transcribed: photocopy of the full text of the aforementioned International Instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).

" AMENDING PROTOCOL TO THE ANDEAN SUBREGIONAL INTEGRATION AGREEMENT (CARTAGENA AGREEMENT 1997)

The governments of Bolivia, Colombia, Ecuador, Peru and Venezuela;

By means of their duly authorized plenipotentiary representatives, the following modifications to the Andean Subregional Integration Agreement (Cartagena Agreement):

ARTICLE 1o. In item 2o. replace the expression "gross domestic product" instead of "gross territorial product".

ARTICLE 2o. Replace Article 3o. by the following text:

" Article 3o. In order to achieve the objectives of this Agreement, the following mechanisms and measures shall be used:

a) Deepening integration with other regional economic blocs and relating to extra-regional schemes in the political, social and economic-trade areas;

b) The gradual harmonisation of economic and social policies and the approximation of national laws in the relevant areas;

c) Joint programming, intensification of the sub-regional industrialization process and the implementation of industrial programmes and other forms of industrial integration;

d) A programme for the liberation of trade more advanced than the commitments arising from the Treaty of Montevideo 1980;

e) A Common External Tariff;

f) Programs to accelerate the development of the agricultural and agroindustrial sectors;

g) channeling internal and external resources to the sub-region to provide financing for investments that are needed in the integration process;

h) Programs in the field of services and the release of intra-regional trade in services;

i) Physical integration; and,

j) preferential treatment in favor of Bolivia and Ecuador.

In addition to the mechanisms set out above, the following programmes and actions for economic and social cooperation will be carried out in a concerted manner:

a) Programs aimed at boosting scientific and technological development;

b) Actions in the field of border integration;

c) Programs in the area of tourism;

(d) Actions for the exploitation and conservation of natural resources and the environment;

e) Social development programs; and,

f) Actions in the field of social communication. "

ARTICLE 3o. Remove literal c) from article 26.

ARTICLE 4. Incorporate the following chapter to the Agreement, following the current Chapter II:

" CHAPTER

External relations

Article .. The Andean Council of Foreign Ministers will formulate the common foreign policy for matters of subregional interest. To this end, they will engage in joint political positions that will allow effective community participation in international political forums and organizations.

Article .. The Andean Council of Foreign Ministers and the Commission of the Andean Community will define and undertake a Community strategy aimed at deepening integration with the other regional and regional economic blocs. relationship with extraregional schemes, in the political, social and economic-commercial fields.

Article .. In order to achieve the objective set out in this Chapter, the Andean Council of Foreign Ministers and the Commission of the Andean Community shall, inter alia, use the following measures:

a) Strengthen community participation in international, multilateral, hemispheric, and regional economic and trade forums;

b) Coordinate joint negotiations of the Andean Community with other integration processes or with third countries or groups of countries; and,

c) To instruct the General Secretariat to carry out research, studies and actions to achieve the objective and measures provided for in this Chapter. "

ARTICLE 5o. Add the following literal, following the current literal c) of the current article 51:

"c) Intrasubregional liberation program of services".

ARTICLE 6o. Replace the current article 52 with the following text:

" Article .. The Andean Community will have a common regime on treatment of foreign capital and, among others, on trademarks, patents, licenses and royalties. "

ARTICLE 7o. Replace the current item 53 with the following text:

" Article .. The Andean Community will have a uniform regime to which the Andean multinational companies will be subject. "

ARTICLE 8o. Delete the current article 60.

ARTICLE 9o. In the current article 62 replace the first paragraph with the following text:

" Article .. The Industrial Complementation Conventions shall aim to promote industrial specialisation among the Member Countries and may be concluded and executed by two or more of them. These Conventions must be approved by the Commission. "

ARTICLE 10. Delete the current article 63.

ARTICLE 11. Replace the current article 71 with the following:

" Article .. The purpose of the programme for the release of goods is to remove the charges and restrictions of any order which affect the importation of products originating in the territory of any Member Country. "

ARTICLE 12. Delete current items 76, 77, 78, 79, 80, 81, 82, and 83.

ARTICLE 13. Replace the current article 84 with the following text:

" Article .. Member Countries shall refrain from levying charges and introducing restrictions of any order on imports of goods originating in the sub-region. "

ARTICLE 14. Delete current items 85, 86, 87, and 88.

ARTICLE 15. Incorporate the following chapter to the Agreement, after the current Chapter V:

" CHAPTER

intrasubregional service trade

Article .. The Commission of the Andean Community, on a proposal from the General Secretariat, will adopt a general framework of principles and standards to achieve the release of intra-regional trade in services.

Article .. The general framework provided for in the previous Article shall apply to the trade in services supplied through the following modes of supply:

(a) From the territory of a Member Country to the territory of another Member Country;

(b) In the territory of a Member Country to a consumer of another Member Country;

(c) Through the commercial presence of service providers of a Member Country in the territory of another Member Country; and,

(d) By natural persons of a Member Country in the territory of another Member Country.

ARTICLE 16. Delete current items 92, 93, and 95.

ARTICLE 17. Replace the current article 98 with the following text:

" Article .. Member Countries undertake not to unilaterally alter the levies of the Common External Tariff. They also undertake to hold the necessary consultations within the Commission before they acquire tariff commitments with countries outside the sub-region. The Commission shall, on a proposal from the General Secretariat and by decision, decide on such consultations and shall fix the terms to which the tariff commitments shall be subject. "

ARTICLE 18. In Article 119, literals f) and h) replace the name of the "Andean Reserves Fund" with "Latin American Reserves Fund".

ARTICLE 19. Delete current items 126, 127, 128, 130, 131, and 132.

ARTICLE 20. Replace the current item 141 with the following text:

" Article .. For the purposes of the previous Article, the Andean Council of Foreign Ministers and the Commission, in accordance with their respective powers, shall adopt programmes to guide the joint external actions of the Member States, in particular with regard to the negotiations of third countries and groups of countries, in the political, social and economic-commercial fields, as well as for participation in forums and agencies specialised in matters linked to the economy international. "

ARTICLE 21. Add to the end of literal b) of the current article 143 the expression " in particular those conducive to improving the competitiveness of the different sectors ".

ARTICLE 22. Delete item 147.

ARTICLE 23. Replace the current literal b) in item 148 with the following text:

"b) affirmation of the cultural identity and formation of citizen values for the integration of the Andean area;"

ARTICLE 24. After the current Article 148 incorporate the following article:

" Article .. For the purposes indicated in the previous article, the respective ministers of the social area, under the form of the Extended Commission, shall adopt in the fields of Community interest:

a) Educational programs aimed at renewing and improving the quality of basic education;

(b) Programmes to diversify and raise the technical level and coverage of vocational training and training systems for the work;

(c) Programs for the recognition of higher education diplomas at the Andean level, in order to facilitate the provision of professional services in the sub-region;

d) Programs of popular participation, oriented towards the full incorporation of rural and semi-rural areas in the development process;

e) Programmes for the promotion of social support systems and projects, aimed at promoting the participation of small enterprises and micro-enterprises and associated associative enterprises in the enlarged economic area;

f) Programs to promote initiatives aimed at the protection and well-being of the working population; and,

g) Programmes for the harmonisation of policies in the fields of women's participation in economic activity; support and protection for children and the family; and, for the attention of ethnic groups and local communities. "

ARTICLE 25. Replace the current article 152 with the following:

" Article .. This Agreement shall enter into force when all the Member Countries that subscribe to it have deposited the respective instrument of ratification at the General Secretariat of the Andean Community.

This Agreement may not be subscribed to with reservations and will remain in effect for an indefinite period of time.

ARTICLE 26. Incorporate the following chapter, after the current Chapter XV:

" CHAPTER

Associated Members

Article .. On a proposal from the Commission of the Andean Community, and after demonstrating the will of the country concerned, the Andean Council of Foreign Ministers, in an enlarged meeting, may grant the status of an Associate Member in favor of a country that a free trade agreement has been agreed with the Member Countries of the Andean Community.

Article .. At the time of granting the status of an Associate Member in favour of a country, the Andean Council of Foreign Ministers and the Commission of the Andean Community, according to their respective powers, shall define by decision and hear the opinion of the General Secretariat:

(a) The organs and institutions of the Andean Integration System of which the Associate Member Country will be a party, as well as the conditions of its participation;

b) The mechanisms and measures of the Cartagena Agreement in which the Associate Member Country will participate;

(c) The rules to be applied in the relations between the Associate Member Country and the other Member Countries, as well as the way in which such relations will be administered.

The aspects provided for in this Article may be reviewed at any time, in accordance with the procedures and competences contained herein. "

ARTICLE 27. Delete the last paragraph of the current article 155.

ARTICLE 28. First, second, and third transitional provisions.

ARTICLE 29. Incorporate the following chapter of Transitional Provisions:

" CHAPTER

Transitional provisions

First. Notwithstanding Article 75 of the Cartagena Agreement, the Commission of the Andean Community shall define the terms of the release programme to be applied to trade between Peru and the other Member Countries in order to achieve the full operation of the Andean Free Trade Zone by 31 December 2005 at the latest. Peru will not be obliged to apply the Common External Tariff, until the Commission decides on the deadlines and modalities for the incorporation of Peru into this mechanism.

Second. The chapter on Associate Members and the first transitional provision shall be applied on a provisional basis by the Member Countries, while the ratification procedures required by the respective national laws are carried out.

Third. The Commission of the Andean Community may establish an arbitration mechanism for the settlement of disputes between member countries that persist in the delivery of the General Secretariat. "

ARTICLE 30. Delete numerals 2 and 3 of Annex II to the Agreement.

ARTICLE 31. Delete Annex III of the Agreement.

ARTICLE 32. The Commission of the Andean Community, will adopt by decision the only text ordered from the Treaty of Andean Subregional Integration (Cartagena Agreement) with the modifications introduced by the This Protocol shall make the necessary adjustments to the numbering of the articles.

ARTICLE 33. This protocol will be called "Protocol of Sucre" and will enter into force when all Member Countries have deposited the respective instrument of ratification in the General Secretariat of the Andean Community.

Made in the city of Quito, Ecuador, at twenty-five days of the month of June of the year of a thousand nine hundred and ninety-seven, in five originals, all of them equally valid.

(Unreadable Signature).

By the Government of Bolivia,

(Unreadable Signature).

By the Colombian Government,

(Unreadable Signature).

By the Government of Ecuador,

(Unreadable Signature).

By the Government of Peru,

(Unreadable Signature). "

By the Government of Venezuela,

The undersigned Head of the Legal Office of the Ministry of Foreign Affairs,

NOTES:

That the present reproduction is faithful photocopy taken from the original text of the "Amending Protocol to the Andean Subregional Integration Agreement (Cartagena Agreement of 1997)", made in the city of Quito, Ecuador, the twenty-five (25) of June One thousand nine hundred and ninety-seven (1997), a document that rests in the archives of the Legal Office of this Ministry.

Dada en Santa Fe de Bogotá, D. C., at two (2) days of the month of September of a thousand nine hundred and ninety-seven (1997).

HECTOR ADOLFO SYNTURA VARELA.

the Chief Legal Officer,

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Santa Fe de Bogota, D. C., September 18, 1997

Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.

(Fdo.) ERNESTO SAMPER PIZANO

(Fdo.) MARIA EMMA MEJIA VELEZ.

The Foreign Minister,

DECRETA:

ARTICLE 1o. Approve the "Amending Protocol to the Andean Subregional Integration Agreement (Cartagena Agreement of 1997)", made in the city of Quito, Ecuador, the twenty-five (25) of June of a thousand nine hundred and ninety-five seven (1997).

ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Amending Protocol to the Andean Subregional Integration Agreement (Cartagena Agreement of 1997)", made in the city of Quito, Ecuador, the twenty-five (25) of June of a thousand nine hundred and ninety-seven (1997), which by article 1o. of this law shall be adopted, shall bind the country from the date on which the international link with respect to the law is perfected.

ARTICLE 3o. This law governs from the date of its publication.

AMYLKAR ACOSTA MEDINA

The President of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The Secretary General of the honorable Senate of the Republic,

CARLOS SQUIRLA BALLESTEROS.

The President of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

The Secretary General of the honorable House of Representatives,

COLOMBIA-NATIONAL GOVERNMENT

COMMUNICATE AND PUBLISH.

Execute a review of the Constitutional Court in accordance with Article 241-10 of the Political Constitution.

Dada en Santa Fe de Bogota, 4 August 1998.

ERNESTO SAMPER PIZANO

CAMILO REYES RODRIGUEZ.

The Foreign Minister,

CARLOS EDUARDO RONDEROS TORRES.

The Minister of Foreign Trade,