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Act 559 2000

Original Language Title: LEY 559 de 2000

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559 OF 2000

(February 2)

Official Journal No 43,883 of 7 February 2000

COLOMBIA CONGRESS

By means of which the "Convention on the Prerogatives and Immunities of the Agency for the Prohibition of Nuclear Weapons in Latin America (Odiaper)" is approved, made in Mexico City, D. F., twenty-three (23) of December of a thousand nine hundred and sixty-nine (1969).

Vigency Notes Summary

Having regard to the text of the "Convention on the Prerogatives and Immunities of the Agency for the Prohibition of Nuclear Weapons in Latin America (Odiaper)", made in Mexico City, D. F., the twenty-three (23) of December of a thousand nine hundred Sixty-nine (1969), 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).

® CONVENTION ON THE PREROGATIVES AND IMMUNITIES OF THE BODY FOR THE

PROSCRIPTION OF NUCLEAR WEAPONS IN LATIN AMERICA (OPANAL)

Contracting Parties,

Whereas on 12 February 1967 the Member States of the Preparatory Commission for the Denuclearization of Latin America unanimously approved the Treaty for the Prohibition of Nuclear Weapons in Latin America (Treaty of Tlatelolco).

Whereas Article 22 of the Treaty of Tlatelolco established that the Agency for the Prohibition of Nuclear Weapons in Latin America (Odiaper), hereinafter referred to as "the Agency", shall enjoy in the territory of each of the contracting parties, the legal capacity and the prerogatives and immunities necessary for the exercise of their functions and the fulfilment of their purposes, agree to the following:

ARTICLE 1o. LEGAL PERSONALITY. The Agency shall have legal personality and, in particular, the capacity to conclude all kinds of acts and contracts permitted by the laws of the respective State and may intervene in any judicial or administrative action in defence of their interests.

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ARTICLE 2o. BIES. 1. The Agency and its assets in any part and in the possession of any person shall have immunity from any legal proceedings, with the exception of cases where he expressly renounces that immunity. It is understood, however, that such a waiver will not apply to any enforceable judicial measure.

2. The premises of the Agency shall be inviolable. The goods of the Agency wherever: may be found and in the power of whoever it is, shall enjoy immunity from trespass, requisition, confiscation and expropriation and against any other form of interference, whether of an executive nature, administrative, judicial or legislative.

3. The archives of the Agency and, in general, all documents belonging to him or found in his possession, shall be inviolable wherever they are.

4. Without being affected by any fiscal ordinances, regulations or moratoriums of a nature:

(a) The Agency may have current funds or foreign exchange of any kind and bear its accounts in any currency;

(b) The Agency shall be free to transfer its current funds or currencies from one country to another or within any country, and to convert to any other currency the one held in custody.

5. In the exercise of its rights under the preceding paragraph, the Agency shall pay due attention to any representation of the governments of any member as far as such representations are deemed to be taken into account without the interests of the Agency.

6. The Agency and its assets shall be exempt:

(a) Of any direct contribution; however, it is understood that the Agency will not be able to claim any exemption for contributions which, in fact, constitute remuneration for public services;

(b) Customs duties, prohibitions and restrictions with respect to articles that import or export for official use. It is understood, however, that the articles that are imported free of rights will not be sold in the country where they are imported but according to the conditions to be agreed with the authorities of that country;

(c) Customs duties, prohibitions and restrictions on the import and export of their publications.

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ARTICLE 3o. COMMUNICATIONS FACILITIES. 1. The Agency shall enjoy, in the territory of each of its members, for its official communications, communication facilities no less favourable than those agreed by the Government of that member or any other Government, including diplomatic missions, with regard to priorities, contributions and taxes on correspondence, cables, telegrams, radiograms, telephotos, telephones, and other communications, as well as press charges for information material intended for to the press and radio. No censorship shall be applied to the correspondence or other official communications of the Agency.

2. The Agency shall enjoy the right to use keys and to dispatch and receive their correspondence, whether by swindle or valija, which shall enjoy the same immunities and privileges as those granted to swindles and diplomatic bags.

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ARTICLE 4. MEMBERS ' REPRESENTATIVES. 1. The representatives of the members in the main and subsidiary bodies, and the representatives of the conferences convened by the Agency, shall be agreed as long as they are performing their duties or are in transit to the place of meeting and on their return, the following prerogatives and immunities:

(a) Immunity of detention or personal arrest and seizure of personal baggage, or immunity against any judicial proceeding, in respect of all acts and expressions, whether oral or written, as long as they are performing their duties in such capacity;

b) Inviolability of any paper or document;

c) The right to use keys and receive documents and correspondence by scamper or sealed bag;

(d) Waiver with respect to the representatives and their spouses of any restriction of migration and registration of foreigners, of any service of a national nature in the country that they visit or through which they pass in the performance of their functions;

e) The same franchises agreed to the representatives of foreign governments on temporary official mission, as regards foreign currency restrictions;

(f) The same immunities and allowances as regards their personal luggage, agreed to the diplomatic agents, and also;

g) Other prerogatives, immunities and facilities compatible with the above, which are enjoyed by diplomatic agents, with the exception that they will not be able to claim exemption from customs duties on imported goods which are not part of your personal luggage, or sales tax and consumer rights.

2. In order to guarantee the representatives of the members in the main and subsidiary bodies of the Agency, and in the conferences convened by the Agency, freedom of speech and complete independence in the performance of its functions, the immunity from judicial proceedings, in respect of expressions whether oral or written, and all acts performed in the performance of their duties, shall continue to be agreed even if the persons concerned are no longer representatives of the members.

3. Where the application of any form of tax depends on residence, the periods in which the representatives of the members of the main and subsidiary bodies of the Agency, and of conferences convened by the Agency, remain in a country performing its duties shall not be considered for such purposes as periods of residence.

4. Members ' representatives shall be granted prerogatives or immunities not in their own interests but in order to safeguard their independence in the performance of their duties in relation to the Agency. Consequently, a member not only has the right but the obligation to waive the immunity of his representative, in any case where, according to his own discretion, immunity is hindering the course of justice, and when he can be waived without prejudice to the purposes for which immunity was granted.

5. The provisions of paragraphs 2, 3 and 4 shall not be invoked against the authorities of the State of which the person concerned is a national or has been or has been a representative.

6. The term "representative", used in this article, includes all representatives, as well as alternate representatives, advisors and experts.

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ARTICLE 5o. OFFICIALS. 1. The Secretary-General of the Agency shall determine the categories of officials to whom the provisions of this Article apply. It shall submit the list of these categories to the general conference and shall then be communicated periodically to the governments of all the members.

2. Officials of the Agency:

(a) They shall be immune from any judicial process in respect of written or spoken words and all acts executed, in their official character;

b) They will be immune, both as well as their spouses and children under age, from any restriction of migration and registration of foreigners;

c) They will be given to them, and their spouses and children of minors, the same repatriation facilities in times of international crisis, which diplomatic agents enjoy;

d) They may import, free of rights, their furniture and effects, on the occasion of their entry into the country to occupy their position.

3. Officials of the Agency, except in the country of nationality:

(a) Be exempt from taxes on salaries and emoluments paid by the Agency;

(b) They shall be exempt from any national service;

(c) They shall enjoy, as regards international movement, funds, allowances equal to those enjoyed by officials of equivalent status, belonging to diplomatic missions to the respective Government:

4. In addition to the prerogatives and immunities specified in the preceding two subparagraphs, the Secretary-General of the Agency and his or her spouse and minor children shall be agreed to the prerogatives and immunities, exemptions and facilities granted to them. diplomatic agents, in accordance with international law.

5. The prerogatives and immunities are granted to officials in the interest of the Agency and not to the benefit of the individuals themselves. The Secretary-General of the Agency shall have the right and the duty to waive the immunity of any official, in any event in which, according to his own discretion, immunity prevents the course of justice and may be waived without harm the interests of the Agency.

6. The Agency shall always cooperate with the competent authorities of the members in order to facilitate the proper administration of justice, ensure compliance with the police ordinances and prevent abuses in relation to the prerogatives, Immunities and facilities referred to in this Article.

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ARTICLE 6o. INSPECTORS AND EXPERTS ON MISSIONS OF THE BODY. 1. The inspectors and experts of the Agency (apart from the officials referred to in Article 5or.), in the performance of the Agency's missions, shall be granted the prerogatives and immunities that are necessary. for the independent exercise of their duties and, during the period of their missions, including the time required to carry out travel related to them. In particular, they shall be:

(a) Immunity of arrest and detention and the seizure of your personal luggage;

b) Immunity of any judicial action in respect of spoken or written words and their acts in the performance of their mission. This immunity from any legal action will continue even if the persons concerned have ceased to work on missions for the Agency;

c) Inviolability of all paper and document;

d) For the purposes of communicating with the Agency, the right to use keys and to receive papers or correspondence by swindle or sealed bags;

(e) In respect of currency or exchange regulations, except in the country of nationality, the same facilities as are provided to representatives of foreign governments on temporary official missions;

(f) The same immunities and facilities as regards their personal luggage, which are dispensed with the diplomatic agents;

g) Immunity, both as their spouses and children under age, of any restriction of migration and registration of foreigners.

2. The prerogatives and immunities are granted to inspectors and experts for the benefit of the Agency and not to the benefit of the individuals themselves. The Secretary-General of the Agency shall have the right and the duty to waive the immunity of any inspector or expert, in any event in which immunity prevents the course of justice from being prevented and may be waived without harm the interests of the Agency.

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ARTICLE 7o. DISPUTE SETTLEMENT. 1. The Agency shall take appropriate measures for the solution of:

(a) Controversies arising from contracts or other private law disputes in which the Agency is a party;

(b) Controversies in which an official of the Agency is involved, who, by reason of his official capacity, enjoys immunity, if the Secretary-General of the Agency has not renounced the immunity of that official.

2. Disputes arising out of the interpretation or application of this Convention may be referred to the International Court of Justice, unless, in a given case, the parties agree to use another solution. If a difference of opinion arises between the Body and a member, an advisory opinion may be sought on any related legal matter in accordance with Article 96 of the Charter of the United Nations and Article 65 of the Statute of the International Court of Justice. The opinion that the Court will issue will be accepted by the parties as decisive.

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ARTICLE 8o. FINAL PROVISIONS. 1. This Convention, once approved by the General Conference of the Agency, shall be open for signature by all Member States.

2. It shall enter into force for the Member States of the Body which subscribe to it on the date on which they deliver the respective instrument of ratification to the Secretary-General of the Agency.

3. The Secretary-General of the Agency shall inform all members of the deposit of each instrument of ratification.

Made in Mexico City, Federal District, at twenty-three days of the month of December of the year of a thousand nine hundred and sixty-nine:

AGENCY FOR THE PHOHIITION

OF NUCLEAR WEAPONS IN LATIN AMERICA

Convention on the Privileges and Immunities of the Agency for the

Prohibition of Nuclear Weapons in Latin America (OPANAL)

OFFICIAL DOCUMENTS OF THE GENERAL CONFERENCE

Resolution 9 (1)

Spanish and English

OPANAL

1979 ¯.

The Undersigned Head of the Legal Office of the Ministry of Relations

Colombia Foreign

NOTES:

That the present reproduction is a faithful photocopy taken from the original of the Official Documents of the General Conference of the Odiaper, Resolution 9 (I), of the " Convention on the Prerogatives and Immunities of the Agency for the Proscription of the Nuclear Weapons in Latin America (Odiaper) ", made in Mexico City, Federal District, twenty-three (23) December of one thousand nine hundred and sixty-nine (1969).

This authentication is issued in the city of Santa Fe de Bogota, D. C., at four (4) days of the month of March of a thousand nine hundred and ninety-nine (1999).

HECTOR ADOLFO SYNTURA VARELA

the Head Legal Office

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Santa Fe de Bogota, D. C., April 13, 1999

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

(Fdo.) ANDRES PASTRANA ARANGO

The Foreign Minister

DECRETA:

ARTICLE 1o. Approve the "Convention on the Prerogatives and Immunities of the Agency for the Proscription of Nuclear Weapons in Latin America (Odiaper)", made in Mexico City, Federal District, twenty-three (23) December of a thousand nine hundred and sixty-nine (1969).

ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Convention on the Prerogatives and Immunities of the Agency for the Proscription of Nuclear Weapons in Latin America (Odiaper)", made in Mexico City, Federal District, twenty-three (23) December of a thousand nine hundred and sixty-five years. nine (1969), as per article 1or. of this law will be approved, will force the country from the date on which the international link with respect to it is perfected.

ARTICLE 3o. This law applies as of the date of its publication.

MIGUEL PINEDO VIDAL

The President of the honorable Senate of the Republic

MANUEL ENRIQUEZ ROSERO

The Secretary General of the honorable Senate of the Republic

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