459 OF 1998
Official Journal No. 43,360, dated August 11, 1998
By means of which the Trade Agreement between the Government of the Republic of Colombia and the Russian Federation is approved, made in Cartagena on 18 October 1995.
Having regard to the text of the "Trade Agreement between the Government of the Republic of Colombia and the Russian Federation", made in Cartagena at 10 and eight (18) days of October, one thousand nine hundred and ninety-five (1995), which the letter says:
(To be transcribed: photocopies of the full text of the International Instrument mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).
" TRADE CONVENTION BETWEEN THE GOVERNMENT OF THE REPUBLIC
FROM COLOMBIA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION
The Government of the Republic of Colombia and the Government of the Russian Federation, hereinafter referred to as "the Contracting Parties", encouraged by the common spirit to develop and strengthen trade relations between the two countries, on the the principles of respect for national sovereignty, equal rights and mutual benefit,
The following have been agreed:
ARTICLE 1o. The Contracting Parties, within the framework of the laws in force in each country, and in accordance with the provisions of this Convention, shall encourage and strengthen the development of the exchange trade between the two countries.
1. The Contracting Parties shall grant each other the treatment of the most favoured nation in the trade aspects, in particular as regards:
(a) Customs duties and taxes of any kind that are applied with respect to imports and exports, including procedures for collecting such taxes and duties;
b) Payment procedures and the transfer of such payments;
(c) Rules and formalities concerning the import and export of goods, including those in the customs procedure, transit, storage and transhipment;
(d) Rules concerning the sale, purchase, transportation, distribution, conservation and employment of goods in the internal market;
e) The navigation of the merchant fleet.
2. Each Contracting Party shall grant the non-discriminatory regime to the other Party in respect of the application of quantitative restrictions and the issuing of licences in respect of the importation of goods from the territory of one of the Contracting Parties and intended for the territory of the other Contracting Party.
(a) For each of the Contracting Parties due to their participation in a customs union, free trade zone or conventions on regional integration;
b) To neighbouring countries in order to facilitate border trade;
c) For each of the Contracting Parties to the developing countries, in accordance with the General Agreement on Tariffs and Trade, GATT and other international agreements;
(d) By the Russian Federation to the Member States of the Commonwealth of Independent States and to other States which previously integrated the Union of Soviet Socialist Republics.
ARTICLE 4. The import and export transactions of goods and services shall be carried out in accordance with the respective regulations governing each country, on the basis of agreements and contracts. concluded between Colombian and Russian legal and natural persons on the basis of the usual trading conditions and international prices for similar goods.
ARTICLE 5o. The payments resulting from the concerted transactions under this agreement will be made in freely convertible currency, in accordance with the currency rules in force in each country.
ARTICLE 6o. Each Contracting Party shall grant the other party the exemption from customs duties on goods entering its territory to be exhibited at trade fairs and exhibitions, in the form of temporary import.
ARTICLE 7o. The Contracting Parties shall encourage and facilitate the participation of Colombian and Russian entities, organizations, firms and businessmen in fairs and exhibitions, held in the Republic of Colombia or the Russian Federation, in accordance with the laws and rules in force in each country.
ARTICLE 8. The competent authorities of each of the Contracting Parties shall, in accordance with the laws in force in each country, allow the constitution of commercial represtions of legal persons of the another country in its territory and will do everything possible to ensure conditions favourable to its activity in the framework of the laws in force.
ARTICLE 9o. The provisions of this Convention do not limit the right of each Contracting Party to take the measures of prohibition or limitation of the import, export or transit of goods, if the same measures apply in the same circumstances to any other country and are directed to: the protection of national security, social morality, the life and health of man, animals and plants, the protection of the industrial, commercial and intellectual property, the application of regulations to operations with gold and silver or the protection of national artistic, historical or archaeological wealth.
ARTICLE 10. The Contracting Parties agree to hold mutual consultations on the implementation and strengthening of trade relations between the two countries and to analyze other issues related to implementation. practice of this Convention. Such consultations may be held within the framework of the Colombian-Russian intergovernmental commission for economic and commercial and scientific-technical cooperation or in meetings between the representatives of the Contracting Parties. For this purpose, the commission or representatives of the Contracting Parties shall meet when they consider it necessary to take the appropriate measures and to draw up proposals to be submitted to the competent authorities of each of the Contracting Parties. the Contracting Parties. Meetings shall be held alternately in the capital of each country. Representatives of the state and private sectors may participate in such meetings.
ARTICLE 11. Any disputes arising from the interpretation or application of this Convention shall be settled by direct negotiations between the Contracting Parties. Disputes arising from contracts concluded within the framework of this Convention shall be settled in accordance with the provisions of those contracts.
ARTICLE 12. This Convention shall be subject to approval in accordance with the internal procedures of each Party and shall enter into force on the date of receipt of the last note in which the compliance with those requirements.
On the date of the entry into force of this Convention, it will replace the relations between the Republic of Colombia and the Russian Federation to the Trade Agreement between the Republic of Colombia and the Union of Soviet Socialist Republics, signed on June 3, 1968.
ARTICLE 13. This Convention shall last three (3) years and shall be automatically extended for periods of one (1) year, unless one of the Parties expresses in writing to the other its intention to give it. (6) months prior to the date of expiry of the contract.
The termination or denunciation of this Convention shall not affect the continuation and fulfillment of the commercial operations and contracts that are being implemented.
Made in the city of Cartagena at the 18 days of the month of October of a thousand nine hundred and ninety-five (1995) in two originals, each in Spanish and in Russian language, having both texts the same value.
By the Government of the Republic of Colombia,
By the Government of the Russian Federation,
The undersigned Head of the Legal Office
from the Ministry of Foreign Affairs,
That the present reproduction is faithful photocopy taken from the original text in Spanish of the "Trade Agreement between the Government of the Republic of Colombia and the Government of the Russian Federation", made in the city of Cartagena at the eighteen (18) October of the month of October of a thousand nine hundred and ninety-five (1995), a document that rests in the archives of the Legal Office of this Ministry.
Dada en Santa Fe de Bogotá, D. C., at thirteen (13) days of the month of March 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., March 14, 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,
ARTICLE 1o. Approve the "Trade Agreement between the Government of the Republic of Colombia and the Russian Federation", made in Cartagena, at ten and eight (18) days of the month of October of a thousand nine hundred and ninety-five (1995).
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Trade Agreement between the Government of the Republic of Colombia and the Russian Federation", made in Cartagena, at 10 and eight (18) days of the month of October of a thousand nine hundred and ninety-five (1995), as per Article 1. of this law, it will oblige the country from the date on which the international link with respect to it 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,
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, D. C., 4 August 1998.
ERNESTO SAMPER PIZANO
CAMILO REYES RODRIGUEZ.
The Foreign Minister,
CARLOS EDUARDO RONDEROS TORRES.
The Minister of Foreign Trade,