Key Benefits:
517 OF 1999
(August 4)
Official Journal 43,656, 5 August 1999
By means of which the "Cooperation Agreement for the Prevention, Control and Repression of the laundering of assets derived from any illicit activity between the Government of the Republic of Colombia and the Government of the Republic of Colombia" is approved. Republic of Paraguay ", made in Santa Fe de Bogota, D. C., thirty-one (31) of July of one thousand nine hundred and ninety-seven (1997).
COLOMBIA CONGRESS
Having regard to the text of the "Cooperation Agreement for the Prevention, Control and Repression of the Laundering of Assets derived from any illicit activity between the Government of the Republic of Colombia and the Government of the Republic of Paraguay", made in Santa Faith of Bogotá, D. C., thirty-one (31) of July 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).
Cooperation Agreement for the Prevention, Control and Repression of the Laundering of Assets derived from any illicit activity between the Government of the Republic of Colombia and the Government of the Republic of Paraguay
The Government of the Republic of Colombia and the Government of the Republic of Paraguay, hereinafter referred to as the Parties,
Aware that the laundering of assets is a criminal conduct that has acquired an international scope for its characteristics that requires the cooperation of the States to deal effectively with it;
What, the transnational nature of this activity requires the adoption of joint actions by the States in order to eradicate them;
Recognizing that an effective way to combat organized crime is to deprive it of the economic returns obtained by its criminal activities;
Convinced of the need to strengthen mutual cooperation to combat the laundering of assets derived from any illicit conduct;
In observance of the norms and principles of international law, and of the constitutional norms of each of the Parties,
You have agreed to the following:
ARTICLE 1o. DEFINITIONS. For the purposes of this Agreement, it is understood by:
1. 'Transaction information' means the information or records that a financial institution carries, as well as the reports it draws up on cash-fund transactions that exceed the amount established by the competent authority of the financial institution; each Party.
2. "Financial Institution": In the Republic of Paraguay, it comprises any agent, branch agency or office located in the national territory, of any bank, in currency or exchange houses, cheques, broker or agent of securities or other financial institutions, in accordance with Law No 417/73 "General of Banks and Financial Entities"; Law number 489/95 "Organic of the Central Bank of Paraguay" and its regulations and Law No 94/91 "of the Capital Market".
In the Republic of Colombia includes credit institutions-banks, financial corporations, savings and housing corporations and commercial financing companies-financial services companies, capitalization companies and higher-grade cooperative bodies of a financial nature.
For the purposes of this Agreement, public market players such as stock exchanges, stock exchange agents, securities independent commissions, investment fund managers, central bank managers of securities securities, securities qualifiers; as well as brokerage houses in the sale of foreign exchange or exchange houses, to savings and credit cooperatives, casinos, gambling houses and gambling, persons engaged in foreign trade activities, insurance and reinsurance undertakings, insurance and reinsurance intermediaries, the measures of the This Agreement, as well as to the other Parties to the Agreement, shall be determined by common agreement.
3. "illicit activity" means any activity defined unequivocally by the law of the Parties as a generator of a criminal sanction.
4. "Goods" means any asset of any body or incorporated, movable or immovable, tangible or intangible, and any legal documents or instruments that credit the property or other rights to such assets.
5. "Product of the offence": All either derived or obtained directly or indirectly from the commission of a crime or the equivalent of such property.
6. 'Final measure' or 'Neglect' means any measure in law adopted by a competent court or authority, which results in the extinguishing of the right to domain over assets, products or instruments of the offence of laundering of assets.
7. "Precautionary measures" or "Embargo, preventive abduction or seizure of property": Temporary prohibition to transfer, convert, dispose or mobilize goods or temporary custody or control of goods, by a command issued by an authority competent.
ARTICLE 2o. SCOPE OF THE AGREEMENT. The Parties undertake to establish a mechanism for cooperation and mutual assistance for the following purposes:
1. To prevent, control and repress the laundering of assets through the activities carried out by the financial institutions, as referred to in Article I numeral 2 of this Agreement.
2. Prevent, control and repress the laundering of assets through the international marketing of goods, services or technology transfer.
3. Prevent, control and repress the laundering of assets through the physical mobilization of capital, from or to its territorial borders.
ARTICLE 3o. PREVENTIVE AND CONTROL MEASURES FOR THE FINANCIAL AND STOCK MARKET.
1. The Parties shall ensure that financial institutions subject to their national laws, retain and report relevant information to each transaction subject to control, and in particular any suspicious transactions made by any of its clients.
2. The Parties shall encourage financial institutions, in accordance with their internal rules, to establish mechanisms of customer knowledge and economic activity, as well as the volume, frequency and characteristics of their transactions. financial.
3. The Parties may consider the establishment of financial information networks, the objective of which shall be to cooperate with the authorities responsible for investigating the operations of the laundering of assets.
4. The Parties shall provide the most extensive technical cooperation on the most effective methods and mechanisms to prevent, detect, control, investigate and sanction acts of laundering of assets carried out through the financial sector.
1. The Parties shall take appropriate measures to ensure that their inhabitants cooperate with both national and foreign authorities for the prevention of laundering through the international marketing of goods, services and transfers. of technology, dsesde or to the territory of one of the Parties.
2. The Parties shall exercise special control over the activities of producers and traders of goods, services and technology transfer, which may be used to launder goods or assets of illicit origin, from or to the territory of one of the Parties.
3. The Parties shall establish the necessary controls to ensure that the persons or undertakings which export or import goods, services and technology transfer from or to the territory of one of them adopt appropriate mechanisms for know their clients, as well as to ensure that they do not make payments with money of illicit origin.
4. The Parties shall take appropriate measures to ensure that the business and persons importing or exporting goods, services and technology transfer to or from the territory of one of the Parties immediately report to the Parties. competent authorities of the Parties, any information that may lead to the suspicion that these activities are being used for the laundering of assets.
5. The trade secret or reserve shall only be enforceable in accordance with the internal legislation of each Party.
6. The Parties shall provide the most extensive technical cooperation on the most effective methods and mechanisms to prevent, detect, control, investigate and punish acts of laundering of assets carried out through international marketing of goods, services and technology transfer.
ARTICLE 5o. PREVENTION AND CONTROL MEASURES FOR THE PHYSICAL MOBILISATION OF CAPITAL.
1. The arts shall take the necessary measures to carry out checks on the mobilisation of cash, travellers ' cheques, payment orders and other means which may be used to transfer resources from the territory of a Party to the territory of the other.
2. The checks referred to in this Article may consist of documentary evidence reflecting the movement of the species described in the numeral 1 of this Article, where their value exceeds the amounts laid down by the authority. competent of each Party, including the date, amount, port or entry point, and the name and identification of the person or persons carrying out the respective operation.
3. The Parties shall provide the most extensive technical cooperation on the most effective methods and mechanisms to prevent, detect, control, investigate and punish acts of laundering of assets arising from the physical movement of capital.
ARTICLE 6o. CENTRAL AUTHORITIES.
1. Each Party shall designate a Central Authority responsible for submitting and receiving the applications constituting the subject matter of this Agreement.
2. To this end, the Central Authorities shall communicate directly to each other and shall forward the requests to their competent authorities.
ARTICLE 7o. INTERCHANGE OF INFORMATION.
1. In accordance with the terms of this Agreement, the Parties shall provide assistance for the smooth and secure exchange of financial, exchange and commercial information in order to detect and monitor the alleged operations of washing.
2. For this purpose, direct communication shall be established between the Central Authorities of each State, Party, in order to obtain and supply such information in accordance with its domestic law.
3. When the Requesting Party requests this type of assistance for the purposes of a judicial investigation, the Central Authorities shall request cooperation from the Competent Authorities to obtain and provide the information requested.
The competent authorities shall be the judicial authorities of both Parties.
ARTICLE 8o. MUTUAL JUDICIAL COOPERATION AND ASSISTANCE.
1. In accordance with the terms of this Agreement, the Parties shall assist each other in the exchange of evidence and conduct of judicial proceedings that may be used in the respective investigations, prosecutions or prosecutions. the offence of laundering of assets. Such assistance shall include, inter alia:
a) Localization and identification of persons and goods or their equivalents;
b) Notification of judicial acts;
c) Issuance of documents and information on financial transactions subject to control;
d) Execution of home records and judicial inspections;
e) Reception of testimonials and execution of expertise;
f) Citation and voluntary transfer of persons as imputed, witnesses or experts;
g) Embargo, kidnapping and confiscation of property;
h) Any other form of assistance, provided that the legislation of the Required Party permits.
2. The application for legal assistance shall be made in writing and shall contain:
(a) Name of the competent authority that is responsible for the investigation or the judicial procedure;
b) Purpose of the request and description of the assistance requested;
c) A brief summary of the matter being investigated or rinsed, attaching the text of the relevant legal provisions;
d) Detail and foundation of any special procedure that the Requesting Party wishes to be practiced;
e) Term within which the Requesting Party wants the request to be fulfilled;
(f) If applicable, the identity, nationality, residence or address of the person to be summoned or notified, if known, and the relationship that such person has with the investigation or process;
g) If applicable, the identity, nationality and residence or domicile of the person who is cited for the execution of evidence, if known;
h) The information available concerning the transactions constituting the subject matter of the request for assistance, including, if known, the account number, the name of the holder, the name and location of the financial institution participant in the transaction and the date on which it took place.
3. Witnesses or experts of any nationality, who, on the basis of a summons, appear before the judicial authorities of the Requesting Party, shall not be prosecuted, detained or subjected to any other restriction of their personal freedom in the territory of that Party by facts or convictions prior to its departure from the territory of the Required Party.
A person, irrespective of nationality, who expresses his consent in writing, to appear before the judicial authorities of the Requesting Party in order to answer for facts that are the subject of a process against him, and who voluntarily present, shall not be prosecuted, detained or subject to any other restriction of their personal freedom by facts or convictions prior to their departure from the territory of the Replaced Party, other than those specified in such citation.
The security provided for in this Article shall cease when the witness or expert or the person called to appear has had the opportunity to leave the territory of the Requesting Party for fifteen (15) consecutive days, once his/her the presence was no longer required by the judicial authorities, had remained in that territory or had entered it again, after having abandoned it.
4. In case of urgency and if the legislation of the Required Party permits, the request for assistance may be made via facsimile, telex or other equivalent means, and the original must be sent within thirty (30) days.
5. Assistance shall be provided even if the fact that the Requesting Party is proceeding is not considered as a crime of laundering of assets by the law of the Redeemed Party.
However, for the execution of judicial inspections, requisitions, records and precautionary or definitive measures on goods, the assistance will be provided only if the legislation of the Required Party provides for the crime of laundering of assets. made by which the applicant Party is based.
6. The competent authority of the Redeemed Party may defer compliance or condition a request for legal assistance if it considers that it hinders any ongoing investigation or judicial proceeding in that State.
7. The Requested Party may refuse the request for judicial assistance when it is contrary to its legal order, impedes a criminal action or process in progress or when it affects public order, sovereignty, national security or interests. fundamental public in this area. Such refusal shall be informed to the Requesting State by reasoned letter.
8. The Requesting Party may not use for any purpose other than that stated in the request for assistance, evidence or information obtained as a result of the request.
9. The expenses incurred in the execution of an application for assistance shall be borne by the Redear Party unless otherwise agreed by the Parties. Where substantial or extraordinary expenditure is required for this purpose, the Parties shall consult each other in order to determine the terms and conditions under which the application is to be complied with, as well as the manner in which they shall bear the costs.
1. The Parties may not invoke banking secrecy in order to refuse to provide mutual legal assistance under this Agreement.
2. The Parties undertake not to use the information protected by the banking secrecy obtained under this Agreement for any purpose other than the content of the request for assistance.
ARTICLE 10. PRECAUTIONARY MEASURES ON GOODS.
1. The competent authority of a Party, through the Central Authorities, may request, identify and/or adopt precautionary measures on the instrument or proceeds of a crime, which are located in the territory of the another Party.
When it comes to the identification of the proceeds of the crime, the Required Party will report the search result.
2. Once the proceeds of the crime have been identified, or in the case of the instrument of the offence, at the request of the Requesting Party, the Replaced Party, in so far as its internal legislation allows it to adopt the corresponding precautionary measures on such goods.
3. A requirement under the preceding number must include:
a) A copy of the precautionary measure,
b) A summary of the facts of the case, including a description of the offence, where and when it was committed and a reference to the relevant legal provisions;
(c) Description of the goods in respect of which the precautionary measure is intended to be carried out and its commercial value and its relation to the person against which it was initiated;
d) An estimate of the sum that is intended to apply the precautionary measure and the fundamentals of the calculation of the measure.
ARTICLE 11. MEASURE OF CONFISCATION OF PROPERTY. The Parties may, in accordance with their domestic law, cooperate in the enforcement of definitive measures on goods linked to the commission of an unlawful act in any of the Parties.
ARTICLE 12. PROTECTION OF THIRD-PARTY RIGHTS. The provisions of this Agreement shall not be construed as prejudice to the rights of third parties in good faith.
ARTICLE 13. LEGALISATION OF DOCUMENTS AND CERTIFICATES. Documents from one of the Parties, which must be submitted in the territory of the other Party, which are processed through the Central Authorities, shall not require legalisation or any other analogous formality.
ARTICLE 14. RELATIONSHIP TO OTHER CONVENTIONS AND AGREEMENTS. This Agreement shall not affect the rights and commitments arising from bilateral or multilateral agreements and agreements in force between the Parties.
ARTICLE 15. DISPUTE RESOLUTION, COMPLAINT AND ENTRY INTO FORCE.
1. Any doubt arising from an application will be resolved by consultation between the Central Authorities.
Any dispute arising out of the interpretation or application of this Agreement shall be resolved by the Parties through diplomatic channels and through the means of settlement of disputes established in international law.
2. This Agreement may be denounced by either Party by notification to the other Party through diplomatic channels. Its validity shall cease at six (6) months of the date of receipt of such notification. Requests for assistance, located within this term, will be addressed by the Required Party.
3. This Agreement shall enter into force at thirty (30) days from the date of receipt of the last diplomatic note in which the Parties communicate compliance with the procedures required by their respective laws. constitutional.
In faith of which, the undersigned, duly authorized by their respective Governments, subscribe to this Agreement.
Made in Santa Fe de Bogota, at thirty-one day of the month of July of a thousand nine hundred and ninety-seven, in two copies in Spanish, both texts equally valid and authentic.
By the Government of the Republic of Colombia,
MARIA EMMA MEJIA VELEZ,
Minister of Foreign Affairs.
By the Government of the Republic of Paraguay,
RUBEN MELGAREJO LANZONI,
Minister of Foreign Affairs.
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 " Cooperation Agreement for the Prevention, Control and Repression of the Laundering Of Assets Derived from any illicit activity between the Government of the Republic of Colombia and the Government of the Republic of Paraguay ", made in Santa Fe de Bogota, D. C., thirty-one (31) of July 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., ten (10) 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 10, 1997.
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.), ERNESTO SAMPER PIZANO
(Fdo.) CAMILO REYES RODRIGUEZ.
The Foreign Minister,
DECRETA:
ARTICLE 1o. Approve the "Cooperation Agreement for the Prevention, Control and Repression of the Laundering of Assets derived from any illicit activity between the Government of the Republic of Colombia and the Government of the Republic of Colombia". Republic of Paraguay ", made in Santa Fe de Bogota, D. C., thirty-one (31) of July of one thousand nine hundred and ninety-seven (1997).
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Cooperation Agreement for the Prevention, Control and Repression of the laundering of assets derived from any illicit activity between the Government of the Republic of Colombia and the Government of the Republic of Paraguay", made in Santa Fe de Bogotá, D.C., thirty-one (31) of July of a thousand nine hundred and ninety-seven (1997), as per 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.
FABIO VALENCIA COSSIO.
The President of the honorable Senate of the Republic,
MANUEL ENRIQUEZ ROSERO.
The Secretary General of the honorable Senate of the Republic,
EMILIO MARTINEZ ROSALES.
The President of the honorable House of Representatives,
GUSTAVO BUSTAMANTE MORATTO.
The Secretary General of the honorable House of Representatives,
COLOMBIA-NATIONAL GOVERNMENT
COMMUNICATE AND PUBLISH.
EXECUTE upon review of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada en Santa Fe de Bogota, D. C., 4 August 1999.
ANDRES PASTRANA ARANGO
GUILLERMO FERNANDEZ DE SOTO.
The Foreign Minister,
NESTOR HUMBERTO MARTINEZ NEIRA.
The Minister of the Interior, in charge of the office of the Office of the
Minister of Justice and Law,
