471 OF 1998

(August 5)

Official Journal No 43,360 of 11 August 1998

By means of which the "Convention on the obtaining of food abroad" is approved, made in New York, twenty (20) of June of a thousand nine hundred and fifty-six (1956).

COLOMBIA CONGRESS

Having seen the text of the "Convention on obtaining food abroad", made in New York, the twenty (20) of June of a thousand nine hundred and fifty-six (1956), 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).

UNITED NATIONS CONFERENCE

ABOUT THE OBLIGATION TO GIVE FOOD

FOOD PROCUREMENT CONVENTION

ON FOREIGN

" CONVENTION ON OBTAINING FOOD

IN FOREIGN PREAMBLE

Whereas it is urgent to solve the humanitarian problem caused by the situation of people without resources who have the right to obtain food from others who are abroad,

Whereas the exercise abroad of actions on the provision of food or the execution abroad of decisions concerning the obligation to provide food raises serious legal and practical difficulties,

Willing to establish the means to address this problem and address the above difficulties,

The Contracting Parties have agreed to the following:

ARTICLE 1o. SCOPE OF THE CONVENTION.

1. The purpose of this Convention is to provide a person, hereinafter referred to as the applicant, who is in the territory of one of the Contracting Parties, to obtain the food which he claims to be entitled to receive from another person, called the defendant, which is subject to the jurisdiction of another Contracting Party. This purpose shall be pursued through the services of bodies hereinafter referred to as 'Intermediary Authorities' and ' Intermediary Institutions

.

2. The legal means referred to in this Convention shall be additional to any other means which may be used in accordance with national law or international law, and shall not replace them.

ARTICLE 2o. DESIGNATION OF ORGANISMS.

1. At the time of deposit of the instrument of ratification or accession, each Contracting Party shall designate one or more judicial or administrative authorities to exercise the functions of the Remitting Authorities on its territory.

2. At the time of deposit of the instrument of ratification or accession, each Contracting Party shall designate a public or private body to carry out the functions of an intermediary institution on its territory.

3. Each Contracting Party shall without delay communicate to the Secretary-General of the United Nations the designations made in accordance with paragraphs 1 and 2 and any amendments thereto.

4. The sending authorities and the intermediary institutions may communicate directly with the Remitent Authorities and the intermediary institutions of the other Contracting Parties.

ARTICLE 3o. REQUEST TO THE SENDING AUTHORITY.

1. Where the claimant is in the territory of one of the Contracting Parties, hereinafter referred to as the State of the Claimant, and the defendant is subject to the jurisdiction of another Contracting Party, which shall be called the State of the Respondent, the he may first submit an application to the Sender Authority of his State for the purpose of obtaining food from the defendant.

2. Each Contracting Party shall inform the Secretary-General of the evidence normally required by the law of the State of the Intermediate Institution to justify the claim for the provision of food, in the manner in which the evidence is be submitted to be admissible and any other requirement to be satisfied in accordance with that law.

3. The application shall be accompanied by all relevant documents, including, if necessary, a power authorising the intermediary institution to act on behalf of the claimant or to appoint a third party to that object. A photograph of the complainant shall also be accompanied and, if possible, a photograph of the defendant.

4. The Sending Authority shall take the measures at its disposal to ensure compliance with the requirements laid down by the law of the State of the Intermediate Institution. Without prejudice to the provisions of that law, the application shall express:

(a) The name and surname of the claimant, his address, date of birth, nationality and occupation, and, where applicable, the name and address of his legal representative;

(b) The name and surname of the defendant and, in so far as they are known to the claimant, their addresses during the last five years, their date of birth, nationality and occupation;

(c) A detailed statement of the grounds on which the applicant's claim and the object of the applicant are based and any other relevant information, such as those relating to the economic and family situation of the claimant and the defendant.

ARTICLE 4. TRANSMISSION OF DOCUMENTS.

1. The Sending Authority shall transmit the documents to the Intermediary Institution of the State of the defendant, unless it considers that the application has not been made in good faith.

2. Before transmitting these documents, the Sender Authority shall ensure that they meet the requirements in accordance with the law of the requesting State.

3. The sending authority may inform the intermediary institution of its opinion on the merits of the applicant's claim and recommend that it be granted free legal aid and an exemption from costs.

ARTICLE 5o. TRANSMISSION OF JUDGMENTS AND OTHER LEGAL ACTS.

1. The sending authority shall, at the request of the claimant and in accordance with the provisions of Article 4, transmit any provisional or final decision or any other legal act which has intervened in the food matters in favour of the claimant in a competent court of any of the Contracting Parties, and, if necessary and possible, a copy of the actions in which that decision has been taken.

2. The decisions and legal acts referred to in the preceding paragraph may be transmitted to replace or supplement the documents referred to in Article 3or.

3. The procedure provided for in Article 6or. may include, in accordance with the law of the State of the defendant, the exequatur or registration, or an action based on the decision transmitted pursuant to paragraph 1.

ARTICLE 6o. FUNCTIONS OF THE INTERMEDIARY INSTITUTION.

1. The intermediary institution, acting within the powers conferred upon it by the claimant, shall take all appropriate measures to obtain the payment of food, including by transaction, and may, if necessary, initiate and continue to a food action and enforce any judgment, decision or other legal act.

2. The intermediary institution shall have the sender authority properly informed. If you can't act, you'll let you know the reasons for it and return the documentation to you.

3. Notwithstanding any provision of this Convention, the law applicable to the resolution of food stocks and any matter arising on the occasion thereof shall be the law of the State of the defendant, including international private law of that State.

ARTICLE 7o. EXHORTOS. If the laws of the two interested Contracting Parties admit exhorts, the following provisions shall apply:

(a) The court that is aware of the food action may send exhorts for further evidence, documentary or other evidence, to the competent court of the other Contracting Party or any other authority or institution designated by the Party. Contractor in whose territory the EEW is to be completed;

(b) In order for the Parties to be able to assist or be represented in this proceeding, the requested authority must inform the intermediary institution, the corresponding Sender Authority and the defendant, the date and place of the the requested measures are to be carried out;

(c) The exhorts must be completed with due diligence; and if, within four months of receipt of an appeal by the requested authority, the requested authority has not acted, the reasons for the delay or the delay must be communicated to the requesting authority. the lack of compliance;

d) The processing of the EEW shall not result in the reimbursement of rights or costs of any kind;

e) Only the process of the EEW may be denied:

1. If the document's authenticity has not been established.

2. If the Contracting Party in whose territory the EEW is to be deligated, it judges that the processing of the latter would undermine its sovereignty or its security.

ARTICLE 8o. AMENDMENT OF JUDICIAL DECISIONS. The provisions of this Convention shall apply to requests for the modification of court decisions on the provision of food.

ARTICLE 9o. EXEMPTIONS AND FACILITIES.

1. In the procedures governed by this Convention, the applicants shall enjoy the same treatment and the same exemptions from the costs and costs granted by the law of the State in which the procedure is carried out to their nationals or to their residents.

2. It shall not be imposed on the applicants, on their status as foreign nationals or on the absence of residence, security, payment or deposit to ensure the payment of costs or any other charges.

3. The sending authorities and the intermediary institutions shall not receive remuneration of any kind for the services provided in accordance with this convention.

ARTICLE 10. TRANSFERS OF FUNDS. The Contracting Party whose legislation imposes restrictions on the transfer of funds abroad shall give the highest priority to the transfer of funds intended for the payment of food or to cover the costs of the procedures provided for in this convention are to be carried out.

ARTICLE 11.  CLAUSE RELATING TO FEDERAL STATES.

For federal or non-unit states, the following provisions apply:

(a) As regards the articles of this convention whose application depends on the legislative action of the federal legislative power, the obligations of the federal government shall, in this measure, be the same as those of the non-State Parties. federal;

(b) Regarding the articles of this convention whose application depends on the legislative action of each of the constituent States, provinces or cantons which, under the constitutional regime of the federation, are not obliged to adopt legislative measures, the federal government, as soon as possible and with a favourable recommendation, communicate the text of those articles to the competent authorities of the States, provinces or cantons;

(c) Any federal State Party to this Convention shall provide, at the request of any other Contracting Party which has been transmitted to it by the Secretary-General, a summary of the legislation and practices in force in the the federation and its constituent entities with respect to a particular provision of the convention, indicating to what extent, by legislative or other action, such a provision has been applied.

ARTICLE 12. TERRITORIAL APPLICATION. The provisions of this Convention shall apply equally to all non-autonomous or in trust territories and to all other territories for whose international relations a Party is responsible A Contracting Party, unless such Contracting Party, when ratifying or acceding to the Convention, has declared that it shall not apply to certain territory or territories under such conditions. Any Contracting Party which has made such a declaration may at any later time extend the application of the convention to the territory or territories thus excluded or to any of them, by notifying the Secretary-General.

ARTICLE 13. SIGNATURE, RATIFICATION AND ACCESSION.

1. This Convention shall be open until 31 December 1956 to the signature of any Member of the United Nations, of any Member State which is a party to the Statute of the International Court of Justice or a member of a body specialised, and any other non-member state which has been invited by the Economic and Social Council to participate in the convention.

2. This convention shall be ratified. The instruments of ratification shall be deposited with the Secretary-General.

3. Any of the states referred to in paragraph 1 of this Article may accede to this Convention at any time. the instruments of accession shall be deposited with the Secretary-General.

ARTICLE 14. ENTRY INTO FORCE.

1. This Convention shall enter into force on the 30th day following the date on which the deposit of the third instrument of ratification or accession has been made in accordance with the provisions of Article 13.

2. With respect to each of the States which ratify or accede to it after the deposit of the third instrument of ratification or accession, the Convention shall enter into force 30 days after the date on which that State deposits its instrument. of ratification or accession.

ARTICLE 15. COMPLAINT.

1. Any Contracting Party may denounce this Convention by notification to the Secretary-General. Such denunciation may also refer to all or some of the territories referred to in Article 12.

2. The complaint shall take effect one year after the date on which the Secretary-General receives the notification, except for cases that are being substantiated on the date on which such denunciation takes effect.

ARTICLE 16. SETTLEMENT OF DISPUTES. If a dispute arises between Contracting Parties regarding the interpretation or application of this Convention, and if such a dispute cannot be resolved by other means, it shall be submitted to the Court. International de Justicia. The dispute shall be brought before the Court by the notification of the commitment made by the Parties to the dispute, or unilaterally at the request of one of them.

ARTICLE 17. RESERVATIONS.

1. If a State makes a reservation concerning any article of this Convention at the time the instrument of ratification or accession is deposited, the Secretary-General shall communicate the text of the reservation to the other Contracting Parties and to all other States referred to in Article 13. Any Contracting Party which opposes the reservation may notify the Secretary-General within 90 days of the date of the communication, which does not accept such a reservation, and in such case the convention will not enter into force between the State which has objected to the reservation and the reservation it has made. Any State that subsequently adheres to the Convention may make such notification at the time of deposit of its instrument of accession.

2. Any Contracting Party may at any time withdraw a reservation it has previously made and shall notify the Secretary-General of this decision.

ARTICLE 18. RECIPROCITY. A Contracting Party may not invoke the provisions of this Convention in respect of another Contracting Party but to the extent that it is obliged to do so.

ARTICLE 19. GENERAL SECRETARY NOTIFICATIONS.

1. The Secretary-General shall notify all Member States of the United Nations and non-member States referred to in Article 13:

a) The communications provided for in paragraph 3 of article 2or.;

(b) The information received in accordance with paragraph 2 of Article 3or.;

c) Statements and notifications made in accordance with article 12;

d) Signatures, ratifications, and accessions made in accordance with article 13;

e) The date the Convention has entered into force in accordance with the provisions of paragraph 1 of Article 14;

f) Complaints made in accordance with article 1or. Paragraph 15;

g) Reservations and notifications made in accordance with article 17.

2. The Secretary-General shall also notify all Contracting Parties of the requests for review and the responses to them made in accordance with the provisions of Article 20.

ARTICLE 20. REVIEW.

1. Any Contracting Party may at any time request the revision of this Convention, by means of notification addressed to the Secretary-General.

2. The Secretary-General shall transmit such notification to each of the Contracting Parties and ask him to express within four months if he wishes to meet a conference to consider the proposed revision. If the majority of the Contracting Parties respond in an affirmative manner, the Conference shall be convened by the Secretary-General.

ARTICLE 21. original of this Convention, whose Spanish, Chinese, French, English and Russian texts are equally authentic, shall be deposited with the Secretary-General, who shall send certified copies in accordance with all States referred to in article 13".

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

NOTES:

That the present reproduction is faithful photocopy taken from the certified text of the "Convention on the obtaining of food abroad", made in New York, the twenty (20) of June of a thousand nine hundred and fifty-six (1956), a document that rests on the archives of the Legal Office of this Ministry.

Dada en Santa Fe de Bogotá, D. C., the first (1o.) of the month of September of a thousand nine hundred and ninety-seven (1997).

HECTOR ADOLFO SINTURA VARELA,

head Legal Office.

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Santa Fe de Bogota, D. C., 1o. of September 1997.

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

(Fdo.) ERNESTO SAMPER PIZANO

(Fdo.) CAMILO REYES RODRIGUEZ.

The Deputy Foreign Minister, in charge of the functions

from the Minister's Office,

DECRETA:

ARTICLE 1o. Approve the "Convention on the obtaining of food abroad", made in New York, the twenty (20) of June of a thousand nine hundred and fifty-six (1956).

ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Convention on the obtaining of food abroad", made in New York, the twenty (20) of June of a thousand nine hundred and fifty-six (1956), which by the first article of this law is approved, will force the country from the date on to improve the international link with respect to the same.

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., 5 August 1998.

ERNESTO SAMPER PIZANO

CAMILO REYES RODRIGUEZ.

The Foreign Minister,

ALMABEATRIZ RENGIFO LOPEZ.

The Minister of Justice and Law,