ACT 462 OF 1998
Official Journal No 43360 of 11 August 1998
Through which the "Agreement between the Government of the Republic of Colombia and
approved United Kingdom of Great Britain and Ireland
North on mutual assistance in criminal matters ", made in London on eleven (11) February
of in 1997 (1997). Summary
THE CONGRESS OF COLOMBIA
having regard to the text of the "Agreement between the Government of the Republic of Colombia and the United Kingdom of Great Britain and Ireland North on mutual assistance in criminal matters", made in London on eleven (11 ) February in 1997 (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 attached External relationships).
"Agreement between the Government of the Republic of Colombia and the United Kingdom of Great Britain and Ireland North on mutual assistance in criminal matters
The Government of the United Kingdom of Great Britain and Ireland North and the Government of the Republic of Colombia,
Desiring to provide the widest measure to promote mutual legal assistance in the investigation, freezing, seizure and confiscation of proceeds and instruments of crime, have agreed as follows
ARTICLE 1o. AREA OF APPLICATION.
1. The Parties, in accordance with this Agreement, mutual assistance shall be provided in investigations and proceedings in respect of all types of offenses, including the tracing, freezing or seizure and confiscation of proceeds and instruments of all kinds of crimes.
2. This agreement shall not apply when the request for assistance refers to a violation.
. DEFINITIONS. For the purposes of this agreement:
a) "Confiscation" means the permanent deprivation of property, proceeds or instruments of crime, by decision of a court or other competent authority;
B) "Instrument of crime" means any property used or intended to be used for the commission of a crime;
C) "Proceeds of crime" means any property derived from or obtained, directly or indirectly, by any person of committing a crime, or the equivalent value of goods;
D) "Property" means assets of any kind, tangible or intangible, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such assets;
E) "freezing or seizure of property" means temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property by order issued by a court or by a competent authority.
ARTICLE 3. CENTRAL AUTHORITIES.
1. Requests for assistance under this agreement must be made through the central authorities of the Parties.
2. In the United Kingdom the central authority is the Home Office. With regard to requests for assistance sent to Colombia, the central authority is the Attorney General's Office; in relation to requests for judicial assistance made by Colombia the central authority is the Attorney General's Office or the Ministry of Justice and Law.
ARTICLE 4. CONTENT REQUIREMENTS.
1. Requests for assistance must be made in writing. Under urgent circumstances or where otherwise permitted by the Requested Party, requests may be made by fax transmission or by any other electronic method but must be confirmed in writing as soon as possible.
2. Requests for assistance shall include a statement concerning the following aspects:
a) Determination of the competent authority conducting the investigation or proceedings to which the request relates;
B) Questions to investigation or legal proceedings, including the facts and the relevant legal provisions concerns;
C) The purpose of the requirement and the type of assistance requested;
D) Details of any particular procedure or requirement that the Requesting Party wishes to be followed;
E) Any time limit within which compliance with the request is desired;
F) The identity, nationality and location of the person or persons who are under investigation or proceedings;
G) With regard to the specific facts evidence on which the questioning will be based, in addition to any other available information facilitating the location of the witness.
3. If the Requested Party considers that the information contained in a request is not sufficient to deal with, that Party may request that additional information be provided.
The 5th ITEM. PERFORMANCE REQUIREMENTS.
1. A request shall be executed to the extent that it is compatible and allows the domestic law of the Requested Party in accordance with any requirements specified in the application.
2. The Requested Party shall promptly inform the Requesting Party of any circumstances that are likely to cause a significant delay in responding to the request.
3. The Requested Party shall promptly inform the requesting Party of the decision of the Requested Party not to comply in whole or in part with a request for assistance and the reason for that decision.
4. The Requesting Party shall promptly inform the Requested Party of any circumstances which may affect the request or its execution or which may make it inappropriate to proceed with resulting compliance.
ARTICLE 6o. REFUSAL OF ASSISTANCE.
1. Assistance may be refused if:
a) the requested Party considers that compliance with the request, if granted, would seriously impair its sovereignty, security, national interest or other essential interest; or if
b) The provision of the assistance sought could prejudice an investigation or proceeding in the territory of the Requested Party, the safety of any person or impose an excessive burden on the resources of that Party; or if
c) The requested action contravenes the principles of law of the Requested Party or the fundamental rights enshrined in the Requested Party; or if
d) The request relates to conduct in the territory of the requesting country, for which the person has been finally acquitted or pardoned; or
e) The request relates to a confiscation order that has already been executed; or
f) The conduct that is the subject of formal notice does not constitute an offense under the law of both Parties.
2. Before refusing to grant a request for assistance, the Requested Party shall consider whether assistance may be granted subject to the conditions it deems necessary. The Requesting Party may accept assistance subject to the conditions imposed by the Requested Party.
ARTICLE 7. BOOK AND LIMITATION ON USE OF INFORMATION AND TESTS.
1. The Requested Party shall keep in reserve in the terms requested by the Requesting Party the request for assistance, its contents and any documents that serve as justification, and the fact of granting such assistance except to the extent that disclosure is necessary to execute the request. If the request can not be executed without lifting the reserve, the Requested Party shall inform the Requesting Party of the conditions under which the requirement may be executed without lifting the reservation. The Requesting Party shall then determine the extent you want to give the request to be executed.
2. The Requesting Party shall keep confidential any evidence and information provided by the Requested Party if they have been applied, except to the extent that disclosure is necessary for the investigation or proceeding described in the request.
3. The Requesting Party shall not use for purposes other than those stated in the request evidence or information obtained as a result thereof, without the prior consent of the Requested Party.
Article 8. INFORMATION AND TESTS.
1. Parties may request information and evidence for the purpose of an investigation or judicial proceedings.
2. The assistance may be provided under this article it comprises the following, without being limited thereto:
a) Provide information and documents or copies thereof for the purpose of an investigation or legal proceedings in the territory of the Requesting Party;
B) The taking of evidence or statements of witnesses or other persons, produce documents, make records or collect other evidence for transmission to the Requesting Party;
C) Search, seizing and delivering to the Requesting Party, temporarily or permanently, as appropriate, any test and provide information that may require the Requesting Party concerning the place of seizure, the circumstances surrounding it and the subsequent custody of the material seized prior to delivery.
3. The Requested Party may postpone the delivery of the goods or evidence requested if they are required for criminal or civil proceedings in their territory. The Requested Party shall, upon request, certified copies of documents.
4. When required by the Requested Party, the Requesting Party shall return the goods and evidence provided under this item when no longer needed for the purpose for which they were provided.
Article 9. INTERIM MEASURES.
1. Without prejudice to the provisions of Article 5 (l) and in accordance with the provisions of this article, a Party may request the other to obtain an order for the purpose of previously freeze or seize goods to ensure that they are available for the execution of a final order of forfeiture.
2. A request made under this article shall include:
a) (i) A copy of any order freezing or seizure;
(Ii) In the case of a request from the Republic of Colombia, a certificate stating that it has initiated a preliminary investigation, or an instruction has begun, and that in any case, a resolution has been issued ordering a seizure, preventive, or confiscating funds;
B) A summary of the facts of the case including a description of the offense, where and when, a reference to the relevant legal provisions was committed;
C) To the extent possible, a description of the property in respect of which freezing or seizure is sought or considered are available for freezing, or seizure, and its relationship with the person against whom started or will start legal proceedings;
D) Where applicable, a statement of the amount you want to freeze or seize, and the basis of calculation of that amount;
E) Where appropriate, a statement of the estimated time it will take before the case is referred to trial and before it can give final judgment.
3. The Requesting Party shall inform the Requested Party of any changes in the calculation of time referred to in paragraph 2) e) above and in doing so, it indicates likewise the legal proceedings stage has been reached. Each Party shall promptly inform the other of any appeal or decision taken embargo or seizure requested or taken.
4. The Requested Party may impose a condition limiting the duration of the measure. The Requested Party shall promptly notify the Requesting Party of any such condition, and the basics of it.
5. Any request shall be executed only in accordance with domestic law of the Requested Party and in particular, in observance of the rights of any individual who may be affected by its implementation.
ARTICLE 10. EXECUTION OF forfeitures.
1. If the request for a confiscation order is made, the Requested Party may, subject to the provisions of Article 5 (1) of this Agreement:
a) Run an order issued by the judicial authority of the requesting Party for confiscating the proceeds or instruments of crime; or
b) Undertake a procedure for their judicial authorities may proffer a confiscation order in accordance with its domestic law.
2. In case of a request from Colombia the application shall be accompanied by a copy of the order, certified by a competent judicial officer or by the central authority, and shall contain information indicating:
a) That the order or conviction, as appropriate duly be enforceable;
B) that the order can be executed on the territory of the Requesting Party;
C) When appropriate, property available for enforcement or the property in respect of which assistance is sought, stating the relationship between that property and the person against whom the order was issued;
D) Where appropriate, and where known, the legitimate interests in property that has any person other than the person against whom the order was issued;
E) Where applicable, the sum to be obtained as a result of such assistance.
3. In the case of a request from the United Kingdom, the request must be accompanied by:
a) A copy of the confiscation order handed down by a competent authority;
B) Evidence supporting the basis on which the confiscation order was issued;
C) A description and location of the property and the property related to the execution of a request for confiscation;
D) Any other information that may assist the process in Colombia.
4. Where the law of the Requested Party is not permitted to make a request in full, the Requested Party shall give effect to the extent permitted.
5. The Requested Party may request additional information or evidence in order to carry out the request.
6. Any request shall be executed only in accordance with domestic law of the Requested Party and, in particular, in observance of the rights of any individual who may be affected by its implementation.
7. To agree with the Requesting Party how to share the value of confiscated property pursuant to this article and in accordance with the procedure laid down in Article 5.5 b) ii) of the Convention of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic substances of 1988 of which both countries are parties, the Requested Party shall make special consideration the degree of cooperation provided by the Requesting Party.
To comply with the provisions of this paragraph, the Parties may conclude supplementary agreements.
ARTICLE 11. INTEREST ON PROPERTY. Under the provisions of this Agreement, the Requested State shall determine by law the necessary measures to protect the interests of third parties in good faith on goods that have been seized.
Any person affected by an order of lien, seizure or confiscation person may file an appeal with the competent authority in the Requested State for removal or variation of such order.
ARTICLE 12. LIABILITY FOR DAMAGES. A Party shall not be liable for damages arising from acts or omissions of the authorities of the other Party in the formulation or execution of a request.
ARTICLE 13 EXPENSES
. The Requested Party shall bear any costs arising within its territory as a result of an action to be performed under the request of the Requesting Party. Extraordinary expenses are subject to special agreement between the Parties.
ARTICLE 14. LANGUAGE. Unless the parties have agreed otherwise in a particular case, requests in accordance with Articles 8o., On the 9th. and 10 and supporting documents shall be written in the language of the Requesting Party and shall be accompanied by a translation into the language of the Requested Party.
ARTICLE 15 AUTHENTICATION. Without prejudice to Article 10 (2), documents and evidence certified by a central authority shall not require further certification of validity, authentication or legalization for the purposes of this agreement.
ARTICLE 16. TERRITORIAL APPLICATION. This agreement shall apply:
a) With respect to the United Kingdom:
i) to England and Wales, Scotland and Northern Ireland; and
ii) to any territory for whose international relations it is responsible for the UK and that this agreement has been extended, subject to any modifications agreed by the Parties. Such extension may be terminated by either Party by written notice to the other through diplomatic channels six months' notice;
B) With respect to Colombia, the entire national territory.
ARTICLE 17. DISPUTE.
1. Any dispute arising from a request shall be resolved by consultation between the central authorities.
2. Any dispute between the Parties concerning the interpretation or application of this agreement shall be resolved by consultation between the Parties through diplomatic channels.
ARTICLE 18. COMPATIBILITY WITH OTHER TREATIES, AGREEMENTS OR OTHER FORMS OF COOPERATION. The assistance provided in this Agreement shall not prevent each Party shall assist the other under the provisions of other international agreements to which they are parties. This agreement does not prevent the Parties the possibility of developing other forms of cooperation in accordance with their respective legal systems.
ARTICLE 19. FINAL PROVISIONS.
1. Each Party shall notify the other Party when completion of the constitutional procedures required by its laws for this agreement enters into force. The agreement shall enter into force thirty (30) days from the date of the last notification.
2. This agreement may be terminated by either party by notice to the other through diplomatic channels. It shall be terminated within six months from the date of receipt of such notification. Requests for assistance made in the reporting period of the agreement will be handled by the Requested Party before the termination of the agreement.
In witness whereof, the undersigned, being duly authorized by their respective Governments, have signed this agreement.
Done in duplicate in London on the 11th day of February 1997 in English and Castilian languages, both texts being equally authentic.
For the Government of the Republic of Colombia, Maria Emma Mejia
For the Government of the United Kingdom of Great Britain and Ireland Northern
(Illegible signatures) »
The undersigned Head of the Legal Office of the Ministry of Foreign Affairs DECLARES
That this reproduction is faithful copy taken from the original Spanish text of the" Agreement between the Government of the Republic of Colombia and the United Kingdom of Great Britain and Northern Ireland on mutual assistance in criminal matters ", made in London on eleven (11) of February in 1997 (1997), document rests in the archives of the Legal Office of the Ministry.
Given in Santa Fe de Bogota, DC, at eighteen (18) days of the month of June in 1997 (1997).
VARELA HECTOR ADOLFO Sintura.
Chief Legal Office, RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC, June 4, 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 "Agreement between the Government of the Republic of Colombia and the United Kingdom of Great Britain and Northern Ireland on mutual assistance in criminal matters", made in London on eleven (11) of February in 1997 (1997) . Article 2.
. In accordance with the provisions of article 1. 7a Act. 1944, the "Agreement between the Government of the Republic of Colombia and the United Kingdom of Great Britain and Northern Ireland on mutual assistance in criminal matters", made in London on eleven (11) of February in 1997 ( 1997), which article 1. 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.
Amylkar ACOSTA MEDINA.
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, DC, on August 4, 1998.
Ernesto Samper Pizano Camilo Reyes Rodriguez.
The Minister of Foreign Affairs, Almabeatriz
The Minister of Justice and Law,