Key Benefits:
LAW 462
(August 4)
Official Journal No 43.360, 11 August 1998
By means of which the " Agreement between the Government of the Republic of
is approvedColombia and the United Kingdom of Great Britain and Northern Ireland on Mutual
assistance in criminal matters ", made in London on 11 February
of a thousand nine hundred and ninety-seven (1997).
COLOMBIA CONGRESS
Having regard to the 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 11 February of a thousand nine hundred and ninety-seven (1997), which to the letter says:
(To be transcribed: photocopy of the full text of the international instrument mentioned, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs).
" 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
The UK Government of Great Britain and Northern Ireland and the Government of the Republic of Colombia,
Wishing to provide the broadest measure to encourage mutual legal assistance for the investigation, seizure, seizure and confiscation of the proceeds and instrumentalities of the crime,
You have agreed to the following:
1. The Parties shall, in accordance with this Agreement, grant mutual assistance in investigations and judicial proceedings in respect of all kinds of punishable acts, including the search, seizure and seizure and confiscation of the product and the instruments of all kinds of crimes.
2. This agreement shall not apply where the request for assistance relates to a violation.
ARTICLE 2o. DEFINITIONS. For the purposes of this agreement:
(a) "Neglect" means the definitive deprivation of property, products or instruments of the offence, by decision of a court or other competent authority;
(b) "Instrument for Crime" means any good used or intended to be used, for the commission of a crime;
(c) "proceeds of crime" means goods of any kind derived or obtained, directly or indirectly, by any person, from the commission of a crime, or the equivalent value of such goods;
(d) "Goods" means assets of any kind, bodily or incorporated, movable or rooted, tangible or intangible, and documents or legal instruments that credit the property or other rights to such assets;
(e) "Preventive or seizure of property" means a temporary prohibition to transfer, convert, dispose or move goods, or temporary custody or control of goods by a court or authority issued by a court or by an authority competent.
ARTICLE 3o. CENTRAL AUTHORITIES.
1. The requirements 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. In relation to requests for assistance sent to Colombia, the Central Authority will be the Prosecutor General's Office; in relation to requests for judicial assistance from Colombia, the Central Authority will be the Prosecutor General's Office. Nation or the Ministry of Justice and Law.
ARTICLE 4. CONTENT OF THE REQUIREMENTS.
1. The requirements for assistance must be made in writing. Under circumstances of an urgent nature or in the event that it is permitted by the Require Party, applications may be made through a fax transmission or by any other electronic method but must be confirmed in writing to the as soon as possible.
2. The requirements for assistance shall include a statement concerning the following:
(a) Determination of the competent authority directing the investigation or the judicial procedure referred to in the request;
(b) The questions referred to in the investigation or the judicial procedure, including the facts and the relevant legal provisions;
c) The purpose of the request and the type of assistance requested;
d) The details of any particular procedure or requirement that the Requesting Party wants to follow;
e) Any time within which compliance with the requirement is desired;
(f) The identity, nationality and location of the person or persons who are the subject of the investigation or judicial procedure;
g) In relation to the testimonies the specific facts on which the interrogation will be based, in addition to any other information available to facilitate the location of the witness.
3. If the Redeemed Party considers that the information contained in a requirement is not sufficient to address it, that Party may require additional information to be provided to it.
ARTICLE 5o. EXECUTION OF REQUIREMENTS.
1. A requirement shall be enforced to the extent that it is compatible and so permits the internal right of the Required Party, in accordance with any requirement specified in the application.
2. The Required Party shall promptly inform the Requesting Party of any circumstances likely to cause a significant delay in the response to the requirement.
3. The Requested Party shall promptly inform the Requesting Party of the Desired Party's decision not to comply in whole or in part with a request for assistance and the reason for such a decision.
4. The Requesting Party shall promptly inform the Redeemed Party of any circumstances which may affect the requirement or its execution or which may cause it to be prevented from continuing with its compliance.
ARTICLE 6o. DENIAL OF ASSISTANCE.
1. Assistance may be refused if:
(a) The Redeemed Party considers that compliance with the requirement, if granted, would seriously undermine its sovereignty, security, national interest, or other fundamental interest
or(b) The provision of the assistance requested may prejudice an investigation or proceeding in the territory of the Replaced Party, the security of any person or impose an excessive burden on the resources of that Party
or(c) The requested action contravenes the principles of right of the Required Party or the fundamental guarantees enshrined in the Required Party
or(d) The requirement refers to conduct carried out in the territory of the Requesting country, in respect of which the person has been, finally, exonerated or pardoned; or
e) The requirement refers to a confiscation order that has already been executed; or
f) Conduct that is subject to a requirement does not constitute a crime under the law of both Parties.
2. Before refusing to comply with the request for assistance, the Redeemed Party will consider whether it can grant assistance, subject to the conditions it deems necessary. The Requesting Party may accept the assistance subject to the conditions imposed by the Requested Party.
ARTICLE 7o. RESERVE AND LIMIT THE USE OF TESTS AND INFORMATION.
1. The Requested Party shall keep in reserve in the terms requested by the Requesting Party the request for assistance, its content and any document serving as justification, and the granting of such assistance, except to the extent that the disclosure is required to execute the requirement. If the order cannot be executed without the lifting of the reservation, the Requested Party must inform the Requesting Party of the conditions under which the order may be executed without the lifting of the reservation. The Requesting Party must then determine the extent to which you want to give the order that will be executed.
2. The Requesting Party shall keep in reserve, any evidence and information provided by the Required Party, if it has so requested, except to the extent that its disclosure is necessary for the investigation or judicial proceeding described in the requirement.
3. The Requesting Party shall not use for purposes other than those declared in the requirement of evidence or information obtained as a result of it, without the prior consent of the Required Party.
ARTICLE 8o. INFORMATION AND TESTS.
1. The Parties may request information and evidence for the purposes of an investigation or judicial proceeding.
2. The assistance which may be provided under this Article shall include the following aspects, without limitation:
(a) Provide information and documents or copies thereof for the purposes of an investigation or judicial proceeding in the territory of the Requesting Party;
b) Practice evidence or statements of witnesses or other persons, produce documents, record or collect other evidence for transmission to the Requesting Party;
c) Seek, seize and deliver to the Requesting Party, in a temporary or final manner, as the case may be, any evidence and provide the information that the Requesting Party may require regarding the place of seizure, the circumstances of the and the subsequent custody of the seized material prior to delivery.
3. The requested party may postpone the delivery of the requested good or test, if these are required for a criminal or civil judicial procedure in its territory. The Required Party shall provide certified copies of documents to the requested party.
4. When required by the Required Party, the Requesting Party shall return the goods and means of proof provided under this Article when it no longer needs them for the purpose for which they were provided.
1. Without prejudice to the provisions of Article 5(l) and in accordance with the provisions of this Article, one of the Parties may request the other Party to obtain an order for the purpose of prior or seize assets to ensure that they are available for the execution of a definitive confiscation order.
2. A requirement under this Article shall include:
a) (i) A copy of any preventive or seizure order;
(ii) In the case of a request from the Republic of Colombia, a certificate stating that a preliminary investigation has been initiated, or an instruction has begun, and that in any case, a resolution has been issued ordering a seizure, seizure, or seizure;
b) A summary of the facts of the case, including a description of the offence, where and when it was committed, a reference to the relevant legal provisions;
c) As far as possible, a description of the goods in respect of which the preventive seizure or seizure is sought, or considered to be available for the preventive seizure, or seizure, and their relationship with the person against which a judicial proceeding was initiated or initiated;
d) Where applicable, a statement of the sum to be seized or seized, and the basis of the calculation of that sum;
e) Where applicable, a statement of the time that is estimated to elapse before the case is referred to judgment and before the final judgment can be delivered.
3. The Requesting Party shall inform the Redear Party of any changes to the time calculation referred to in paragraph (2) (e) above and, in so doing, indicate the stage of judicial proceedings that have been reached. Each Party shall promptly inform the other of any appeal or decision taken with respect to the seizure or seizure requested or taken.
4. The Required Party may impose a condition that limits the duration of the measure. The Requested Party shall promptly notify the Requesting Party of any such status and the grounds of the request.
5. Any requirement shall be enforced only in accordance with the internal legislation of the Reloved Party and in particular, in observance of the rights of any individual who may be affected by his or her execution.
ARTICLE 10. EXECUTION OF CONFISCATION ORDERS.
1. If the order for a confiscation order is made, the Required Party may, without prejudice to the provisions of Article 5 (1) of this Agreement:
a) Execute an order issued by the Requesting Party's judicial authority to seize the proceeds or instrumentalities of the crime; or
b) Undertake a procedure to enable its competent judicial authorities to propose a confiscation order in accordance with its domestic law.
2. In the event 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 the conviction, where applicable, is duly enforceable;
b) That the order can be executed on the territory of the Requesting Party;
(c) Where applicable, the goods available for execution or the goods in respect of which assistance is sought, stating the relationship between those goods and the person against whom the order was issued;
(d) Where appropriate, and where known, the legitimate interests in the goods held by any person other than the person against whom the order was issued;
e) When applicable, the sum to be obtained as a result of such assistance.
3. In the case of a request from the United Kingdom, the requirement must be accompanied by:
(a) A copy of the confiscation order provided by a competent authority;
(b) The evidence to bear the basis on which the confiscation order was made;
(c) A description and location of the property and property related to the execution of a confiscation order;
d) Any other information that may help the process in Colombia.
4. Where the law of the Required Party does not permit a request to be made in its entirety, the Required Party will give effect to as far as is permitted.
5. The Required Party may request additional information or evidence in order to carry out the requirement.
6. Any request shall be executed only in accordance with the internal legislation of the Required Party and, in particular, in observance of the rights of any individual who may be affected by his or her execution.
7. To agree with the Requesting Party on how to share the value of the assets seized pursuant to this Article and in accordance with the procedure laid down in Article 5.5 (b) (ii) of the United Nations Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, of which both States are a Party, the Redeemed Party shall make a special consideration of the degree of cooperation provided by the Requesting Party.
In order to comply with this number, the Parties may conclude additional agreements.
ARTICLE 11. INTEREST ON THE PROPERTY. As provided for in this Agreement, the Requested State shall determine in accordance with its law the measures necessary to protect the interests of third persons in good faith on the goods that have been seized.
Any person affected by an order of seizure, seizure or seizure, may institute proceedings before the competent authority in the Requested State, for the elimination 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 an application.
ARTICLE 13. EXPENSES. The Required Party shall assume any costs arising within its territory as a result of any action taken pursuant to the Request of the Requesting Party. Extraordinary expenses shall be subject to special agreement between the Parties.
ARTICLE 14. LANGUAGE. Unless the Parties have otherwise agreed in a particular case, the requirements in accordance with Articles 8o., 9or. and 10, as well as the supporting documents shall be written in the language of the Requesting Party and shall be accompanied by a translation into the language of the Required Party.
ARTICLE 15. AUTHENTICATION. Without prejudice to Article 10 (2), the documents and evidence certified by the Central Authority shall not require any other certification of validity, authentication or legalization for purposes of this agreement.
ARTICLE 16. TERRITORIAL APPLICATION. This agreement will apply:
a) In relation to the United Kingdom:
i) To England and Wales, Scotland and Northern Ireland; and
(ii) to any territory of whose international relations the United Kingdom is responsible and to which this agreement has been extended, without prejudice to any modifications agreed by the Parties. Such extension may be denounced by either Party by written notification to the other Party through diplomatic channels six months in advance;
b) In relation to Colombia, to the entire national territory.
ARTICLE 17. DISPUTE RESOLUTION.
1. Any dispute arising from an application shall be settled by consultation between the central authorities.
2. Any dispute arising between the Parties, relating to the interpretation or application of this Agreement, shall be resolved by consultation between the Parties by diplomatic means.
ARTICLE 18. COMPATIBILITY WITH OTHER TREATIES, AGREEMENTS OR OTHER FORMS OF COOPERATION. The assistance provided for in this Agreement shall not prevent each Party from assisting the other Party under the provisions of other international agreements. of which they are parties. This agreement shall not prevent the Parties from developing other forms of cooperation in accordance with their respective legal systems.
1. Each Party shall notify the other Party when the constitutional procedures required by its laws have been complied with for this agreement to enter into force. The agreement shall enter into force at thirty (30) days from the date of the last notification.
2. This agreement may be denounced by either Party by way of notification to the other by diplomatic means. Its validity shall cease at six months from the date of receipt of such notification. Requests for assistance made within the reporting period of the agreement shall be addressed by the Redear Party prior to the termination of the agreement.
In faith of which, the undersigned, duly authorized by their respective governments, have signed this agreement.
Made in two copies in London at 11 days of February 1997 in the English and Spanish languages, both texts being equally authentic.
By the Government of the Republic of Colombia,
MARIA EMMA MEJIA VELEZ.
By the UK Government of Great Britain and Northern Ireland,
(Unreadable signatures). "
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 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", London the eleven (11) February of a 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 eighteen (18) days of the month of June 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., June 4, 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 "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 the eleven (11) February of a thousand nine hundred and ninety-seven (1997).
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 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 the eleven (11) of February of a thousand nine hundred and ninety-seven (1997), which by Article 1. 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, D. C., 4 August 1998.
ERNESTO SAMPER PIZANO
CAMILO REYES RODRIGUEZ.
The Foreign Minister,
ALMABEATRIZ RENGIFO LOPEZ.
The Minister of Justice and Law,
