Key Benefits:
579 OF 2000
(May 8)
Official Journal No 44.003 of 13 May 2000
By means of which the "Convention between the United States of America and the Republic of Costa Rica for the Establishment of an Inter-American Tropical Tuna Commission" is approved, made in Washington thirty-one (31) of May a thousand nine hundred and forty-nine (1949).
COLOMBIA CONGRESS
Having regard to the text of the "Convention between the United States of America and the Republic of Costa Rica for the Establishment of an Inter-American Commission for Tropical Tuna", made in Washington on 30 May and one (31) May of a thousand nine hundred forty and nine (1949), 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 BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC
COSTA RICA FOR SETTING UP A COMMISSION
TROPICAL TUNA INTER-AMERICAN
The United States of America and the Republic of Costa Rica, taking into consideration their common interest in maintaining the population of yellow and pretty fin tuna and other species of fish fishing for tuna vessels in the Pacific Eastern, which on the occasion of constant exploitation has become matters of common interest, and eager to cooperate in the compilation and interpretation of reliable data that facilitate the maintenance of the populations of these fishes at a level that allow a continuous use maximum year after year, have agreed to a convention for these purposes and with this object they have named the following Plenipotentiaries:
The President of the United States of America:
James E. Webb, Acting Secretary of State
Wilber M. Chapman, Special Assistant Secretary of State.
The President of the Government of Costa Rica:
Mario A. Esquivel, Ambassador Extraordinary and Plenipontenciary of Costa Rica.
Jorge Hazera, Counsellor of the Embassy of Costa Rica, who having exchanged their respective full powers, which were found in due form, have agreed on the following:
1. The High Contracting Parties agree to establish and maintain a Joint Committee to be called the Inter-American Tropical Tuna Commission, which will be called the Commission, which will carry out the objectives of this Convention. The Commission shall be composed of national sections each consisting of one and up to four members appointed by the governments of the respective High Contracting Parties.
2. The Commission shall submit annually to the government of each of the High Contracting Parties a report on its investigations and conclusions with the recommendations of the case and shall also inform the governments, whenever it considers it. appropriate, in respect of any matter related to the purposes of this Convention.
3. Each of the High Contracting Parties shall determine and pay the costs incurred by its respective section.
The joint expenditure incurred by the Commission shall be covered by the High Contracting Parties by contributions in the form and proportion recommended by the Commission and approved by the High Contracting Parties. The proportion of joint expenditure to be paid by each of the High Contracting Parties shall be related to the share of total fisheries from fisheries covered by this Convention and used by each of the High Contracting Parties.
4. Both the general plan of annual activities and the budget of joint expenditure shall be recommended by the Commission and subject to the approval of the High Contracting Parties.
5. The Commission shall agree on the most appropriate place or places for its seat.
6. The Commission shall meet at least once a year and at the request of one or the other of the national sections. The date and place of the first session shall be determined by agreement of the High Contracting Parties.
7. In its first session, the Commission will elect a president and a secretary from the various national sections. The president and the secretary will hold their posts for the term of one year. In subsequent years, the election of the president and the secretary, of the national sections, shall be carried out in such a way that the president and the secretary are of a different nationality and that each of the following shall be provided for each of the following: the High Contracting Parties the opportunity to be represented in these positions.
8. Each national section shall be entitled to one vote. The agreements, resolutions, recommendations and publications of the Commission shall be approved by unanimity of votes.
9. The Commission may adopt the statutes or regulations to hold its meetings and may, as circumstances require, amend them.
10. The Commission may take the personnel necessary for the performance of its duties and duties.
11. Each of the High Contracting Parties may establish an advisory committee for its respective section, which shall be composed of persons well versed in the common problems of tuna fishing. Each of the advisory committees shall be invited to attend the public meetings of the Commission.
12. The Commission may hold public hearings and each national section may also hold public hearings in its own country.
13. The Commission shall appoint a Director of Investigations, who shall be a competent technician, who shall be responsible to the Commission and may be withdrawn by it at its discretion. Subject to the instructions of the Commission and with the approval of the Commission, the Director of Investigations shall be responsible for:
a) preparing research plans and budgets for the Commission;
(b) authorise the disbursement of funds for the joint expenditure of the Commission;
(c) to bear accounts of the funds for the joint expenditure of the Commission;
(d) appoint and direct the technical staff as well as the other employees necessary for the performance of the tasks of the Commission;
e) to arrange cooperation with other bodies or persons in accordance with paragraph 16 of this article;
(f) coordinating the work of the Commission with those of the bodies and persons whose cooperation has been concluded;
g) preparing administrative, scientific and other reports for the Commission;
h) to play every other role that the Commission entrusts to you.
14. The official languages of the Commission shall be English and Spanish and the members of the Commission may use one or other of these languages in the course of the sessions. Whenever requested, it will be translated from one language to another. The minutes, official documents and publications of the Commission shall be made in both languages; but the official correspondence of the Commission, at the discretion of the Registrar, may be written in one or the other of the two languages.
15. Each national section shall have the right to obtain certified copies of any documents belonging to the Commission, except that the Commission shall adopt regulations, which may subsequently amend, to protect the confidential nature of the statistics for each of the fishing operations and the operations of each of the undertakings.
16. The Commission may, in the performance of its duties and duties, request the technical and scientific services and information of the official entities of the High Contracting Parties, those of any international institution or organization, or private, or those of any particular.
ARTICLE II. The Commission shall perform the following functions and duties:
1. Carry out research on the abundance, biology, biometrics and ecology of the yellow fin tuna (Neothunnus) and pretty (Katsuwonus) waters of the Eastern Pacific waters fishing by nationals of the High Contracting Parties, such as also of the kinds of fish that are generally used as bait in tuna fishing, especially sardine and other kinds of fish fishing for tuna vessels; and likewise on the effects of natural factors and action of the man in the abundance of fish stocks that sustain all these fisheries.
2. Compile and analyze reports related to present and past conditions and trends observed in fish stocks covered by this Convention.
3. To study and analyse reports on the systems and ways of maintaining and increasing the fish stocks covered by this Convention.
4. Carry out fishing and develop other activities both offshore and in waters under the jurisdiction of the High Contracting Parties, as required to achieve the purposes referred to in points 1, 2 and 3 of this Agreement. Article.
5. Recommend, on the basis of scientific research, the necessary joint action of the High Contracting Parties for the purpose of maintaining the fish stocks covered by this Convention at the level of abundance permitted by fishing constant maximum.
6. Compile statistics and all kinds of reports on fishing and fishing vessel operations and other reports on fishing for fish covered by this Convention, either by vessels or by persons engaged in fishing. this type of fishing.
7. Publish or disseminate, by other means, reports on the results of their investigations and any other reports that fall within the scope of this Convention, as well as scientific, statistical or other data relating to the with the fisheries maintained by the national High Contracting Parties for the fish covered by this Convention.
ARTICLE III. The High Contracting Parties agree to enact laws that are necessary to achieve the purposes of this Convention.
ARTICLE IV. Nothing stipulated in this Convention shall be construed as modifying any existing treaty or convention concerning the Eastern Pacific fisheries previously subscribed by one of the High Contracting Parties or as the exclusion of a High Contracting Party to enter into treaties or conventions with other States in relation to these fisheries, provided that their terms are not inconsistent with this Convention.
1. This Convention will be ratified and the instruments of ratification will be exchanged in Washington as soon as possible.
2. This Convention will enter into force on the date of the exchange of ratifications.
3. Any government whose nationals take part in the fishing operations covered by this Convention and who wishes to join it shall direct a communication to that effect to each of the High Contracting Parties. Upon receiving the unanimous consent of the High Contracting Parties to such accession, the government concerned shall deposit with the Government of the United States of America an instrument of accession in which the date of its validity shall be stipulated. The Government of the United States of America shall transmit a certified copy of the Convention to each of the governments wishing to accede to it. Each of the acceding governments shall have all the rights and obligations it grants and imposes this Convention as if it were one of its original signatories.
4. At any time after the expiry of ten years from the date of entry into force of this Convention, any of the High Contracting Parties may give notice of their intention to denounce it.
Such notification will take effect, in relation to the government that transmits it, one year after being received by the Government of the United States of America. After the expiry of that one-year period, the Convention shall remain in force only in relation to the remaining High Contracting Parties.
5. The Government of the United States of America shall inform the other High Contracting Parties of any instrument of accession and any notification of denunciation received.
IN FE OF THE CUAL the respective Plenipotentiaries sign this Convention.
FACT in Washington, in duplicate, in the English and Spanish languages, both texts of equal authenticity, on May 31, 1949.
For the United States of America:
By the United States of America:
Unreadable signatures.
For the Republic of Costa Rica:
By the Republic of Costa Rica:
Unreadable signatures.
I certify that the foregoing is a true copy of the United States depositary original of the convention between the United States of America and the Republic of Costa Rica for the establishment of an Interamerican Tropical Tuna Commission, done at Washington on May 31, 1949, in duplicate, in the English and Spanish languages, which original is deposited in the archives of the Government of the United States of America.
In testimony whereof, I, James A. Baker III, Secretary of State of the United States of America, have hereunto caused the seal of the department of State to be affixed and my name subscribed by the Authentication Officer of the said department, at the city of Washington, in the District of Columbia, this first day april, 1992.
Secretary of State
James A. Baker, III
By Authentication Officer,
Annie R. Maddup. "
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 between the United States of America and the Republic of Costa Rica for the Establishment of an Inter-American Tropical Tuna Commission", Washington thirty-one (31) of May, one thousand nine hundred and forty-nine (1949), a document that rests in the archives of the Legal Office of this Ministry.
Dada en Santa Fe de Bogotá, D. C., at nine (9) days of the month of October of a thousand nine hundred and ninety-seven (1997).
the Chief Legal Officer,
HECTOR ADOLFO SYNTURA VARELA.
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Santa Fe de Bogota, D. C., October 13, 1992.
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) CESAR GAVIRIA TRUJILLO
The Foreign Minister,
(Fdo.) NOEMI SANIN DE RUBIO.
DECRETA:
ARTICLE 1o. Approve the "Convention between the United States of America and the Republic of Costa Rica for the Establishment of an Inter-American Tropical Tuna Commission," made in Washington thirty-one (31) May a thousand nine hundred and forty-nine (1949).
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. 1944, the "Convention between the United States of America and the Republic of Costa Rica for the Establishment of an Inter-American Tropical Tuna Commission", made in Washington on thirty-one (31) May of a thousand nine hundred and forty-nine (1949), which by the first article of this law is approved, will force the country from the date on which the international link with respect to it is perfected.
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
MIGUEL PINEDO VIDAL.
The Secretary General Honourable Senate of the Republic,
MANUEL ENRIQUEZ ROSERO.
The President of the honorable House of Representatives,
ARMANDO POMARICO RAMOS.
The Secretary General of the honorable House of Representatives,
GUSTAVO BUSTAMANTE MORATTO.
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., 8 May 2000.
ANDRES PASTRANA ARANGO
The Foreign Minister,
GUILLERMO FERNANDEZ DE SOTO.
The Minister of Agriculture and Rural Development,
RODRIGO VILLALBA MOSQUERA.
