Key Benefits:
591 OF 2000
(July 11)
Official Journal No 44,079 of 12 July 2000
By means of which the "Trade Agreement between the Government of the Republic of Colombia and the Government of the Republic of Côte d' Ivoire" is approved, made in Abidjan on the three (3) of November of one thousand nine hundred and ninety-seven (1997).
COLOMBIA CONGRESS
Having regard to the text of the "Trade Agreement between the Government of the Republic of Colombia and the Government of the Republic of Côte d' Ivoire", made at Abidjan on the three (3) November of one thousand nine hundred and ninety-seven (1997).
(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).
TRADE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA
AND THE GOVERNMENT OF THE IVORY COAST REPUBLIC
The Government of the Republic of Côte d' Ivoire and the Government of the Republic of Colombia (referred to here as "Contracting Parties"), with the desire to develop the traditional friendly relations between the two countries on an equal footing and reciprocal advantages, and in compliance with the International Trade Organization (WTO) rules, have agreed as follows:
TRADE IN GOODS AND SERVICES.
ARTICLE I. The contracting parties undertake to increase trade cooperation within the framework of the provisions of this Agreement and the laws and regulations in force in the their respective countries.
ARTICLE II. Each of the Contracting Parties as a member of the World Trade Organization shall grant the other the most-favoured Nation treatment in the field of trade and cooperation. economic, in particular as regards:
-Tariffs and rates on import and export including methods of collection of these tariffs and charges.
-Provisions concerning customs, transit, unloading and wineging of goods.
-Payment modes and transfers.
-Regulations relating to the sale, purchase, transport, distribution and use of goods on the domestic market.
ARTICLE III. The provisions of this agreement will not apply to:
-Benefits, concessions and exemptions arising from the current or future membership of one of the two countries, a free trade area, a customs union, as well as their participation in multilateral economic integration agreements or common market.
-Benefits, concessions and exemptions granted or to be granted to the bordering countries to facilitate border trade.
ARTICLE IV. The exchange of goods and services carried out under this agreement shall be carried out on the basis of commercial contracts concluded between natural or legal persons, are legally authorized to carry out foreign trade activities in the Republic of Colombia and in the Republic of Côte d' Ivoire.
These natural or legal persons will in all cases assume the entire responsibility for their commercial transactions, in accordance with the laws and regulations in force in each of the two countries.
ARTICLE V. They are considered as originating in each Contracting Party:
-Products capable of obtaining a certificate of origin in accordance with the laws and regulations concerning the origin, in force in each of the two countries.
Services provided by a natural or legal person installed in the countries Parties to this Agreement.
ARTICLE VI. Each Contracting Party shall apply the Most Favoured Nation clause to vessels of the other Party that sail with its flags, in respect of any matter relating to the navigation and to the ship, access and use of port facilities.
The Contracting Parties undertake to cooperate in the development of closer ties in the fields of maritime transport of goods generated by bilateral trade and in the taking of measures that seek to develop maritime transport in both countries.
ARTICLE VII. Payments relating to the exchange of goods and services, carried out under this agreement, as well as the other payments admitted in accordance with the laws, regulations and provisions in the field In the case of a change in the currency of the currency,
currency shall be held in the currency of the currency of the currency.
ARTICLE VIII. The Contracting Parties undertake to adopt the necessary provisions to energize their global trade relations.
In this regard, they will strive to increasingly orient their transactions towards the purchase of manufactured or semi-manufactured products from the other country, without prejudice to the exchange of other products.
OF THE COOPERATION.
AMONG ECONOMIC OPERATORS.
ARTICLE IX. The Contracting Parties agree that they will facilitate and facilitate sustained development and diversification of trade as well as Economic Cooperation. between their bodies, undertakings or other structures within the framework of the laws, statutes and regulations in force in their respective countries.
ARTICLE X. With a view to achieving the objectives set out in Article IX above, the fields of commercial and individual cooperation shall, inter alia, refer to:
a) Creating and managing joint industrial and commercial enterprises;
b) Exchange of economic and commercial information;
c) Exchange of experts, specialists and advisors in the commercial and economic field;
d) Granting facilities for training and consultation;
e) Any other form of cooperation concluded between the two Contracting Parties.
ARTICLE XI. The implementation of the main commercial and economic cooperation projects referred to in Article X shall be the subject of precise programmes, other than agreements and contracts. carried out between the Contracting Parties in accordance with the laws in force in the two countries.
ARTICLE XII. In order to encourage commercial exchanges between the two countries, each Contracting Party shall authorize the organization of trade fairs and exhibitions by companies and firms of the other State in its territory. territory, in compliance with its national legislation, and shall grant all possible facilities for the implementation of such facilities.
To encourage the development of reciprocal trade relations, each of the contracting parties shall encourage the participation of the other party in the International Fairs and Exhibitions to be held in its territory.
ENTER ADMINISTRATIONS.
ARTICLE XIII. Notwithstanding the provisions of Article II of this Agreement and in the framework of the laws in force in both countries concerning Temporary Import, the Parties Contractors undertake to suspend customs duties and taxes on:
(a) Samples of goods intended exclusively for advertising and propaganda;
(b) Goods and objects intended for trade fairs and exhibitions on the condition that these goods or objects are re-exported;
c) Goods and objects for testing and experiments;
(d) Tools and machines for the assembly of stands at fairs and exhibitions;
e) Tools and objects imported by technicians to assemble, manufacture, repair and terminate;
f) The imported containers for filling purposes, as well as the packaging material for the imported products.
The tools and objects mentioned above cannot be sold.
ARTICLE XIV. With a view to further promoting the development of the commercial exchange between the two countries, the Contracting Parties will favor the organization of congresses and symposia aimed at the operators economic and civil servants linked to external trade activities.
DISPUTE RESOLUTION.
COMMERCIAL CONTRACTS.
ARTICLE XV. The disputes arising from contracts concluded within the framework of this agreement shall be resolved in accordance with the provisions of those contracts, as stipulates in paragraph 2 of the article IV of the agreement.
INTERPRETATION AND EXECUTION OF THE AGREEMENT.
ARTICLE XVI. The disputes arising between the Contracting Parties, on the interpretation or execution of the provisions of this Agreement, shall be resolved in a manner satisfactory by the Joint Committee provided for in Chapter IV below. Failing that, they shall be subject, if requested by one of the parties, to a three-member Court of Arbitration.
Each party will appoint an arbitrator. The two arbitrators so chosen shall appoint a presiding arbitrator, who shall be a citizen of a third country.
APPLICATION OF THE AGREEMENT.
ARTICLE XVII. For the application of this agreement, a Joint Commercial Commission, composed of representatives of the two Contracting Parties, is hereby established.
This Joint Committee shall meet every two (2) years, alternately in the Republic of Côte d' Ivoire and the Republic of Colombia, in order to examine the proper implementation of the provisions of this Agreement.
The Joint Commission will propose to both States to adopt the necessary measures for the development and diversification of their trade exchange.
This Commission may also meet in advance, at the request of one of the two Contracting Parties.
The Contracting Parties agree to designate as bodies responsible for the implementation of this Agreement, by the Republic of Colombia, the Ministry of Foreign Trade, and by the Republic of Côte d' Ivoire, to the Ministry of Trade.
ARTICLE XVIII. This agreement shall be valid for a period of three years and may be extended every year automatically, except written complaint filed by one of the Contracting Parties, with a prior notice of three years. months before maturity.
In the event of a complaint, the contracts concluded and on the way of execution, between the natural or legal persons of the Republic of Colombia and the natural or legal persons of the Republic of Côte d' Ivoire, shall be, until their complete realization, governed by the provisions of this Agreement.
ARTICLE XIX. Notwithstanding the provisions of Article XVIII above, one or another Contracting Party may, by reasoned notice and transmitted by appropriate diplomatic means, present to the other party a request for amendment or review of this agreement.
ARTICLE XX. This agreement shall enter into force on the day of the exchange of the Instruments of Ratification, in accordance with the constitutional procedures of each Contracting Party.
The provisions of this Agreement shall continue to apply after their expiration, to all obligations arising out of contracts concluded during their lifetime, and which have not been executed at the time of their expiration.
Made in Abidjan, on November 3, 1997 in two original copies, in French and Spanish languages, both texts being equally valid.
By the Government of the Republic of Côte d' Ivoire,
(Unreadable Signature).
By the Government of the Republic of Colombia,
CARLOS LEMOS SIMMONDS,
Vice President of the Republic.
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, in Spanish, of the "Trade Agreement between the Government of the Republic of Colombia and the Government of the Republic of Côte d' Ivoire", made in Abidjan on 3 November 1997, a document that is based on the archives of the Legal Office of this Ministry.
Dada en Santa Fe de Bogotá, D. C., at eight (8) days of the month of June of a thousand nine hundred and ninety-nine (1999).
the Chief Legal Officer,
HECTOR ADOLFO SYNTURA VARELA.
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Santa Fe de Bogota, D. C., July 9, 1999.
Approved. Submit to the honorable National Congress for the constitutional effects.
(Fdo.) ANDRES PASTRANA ARANGO
The Foreign Minister,
(Fdo.) GUILLERMO FERNANDEZ DE SOTO
DECRETA:
ARTICLE 1o. Approve the "Trade Agreement between the Government of the Republic of Colombia and the Government of the Republic of Côte d' Ivoire", made in Abidjan on the three (3) November of a thousand nine hundred and seven (1997).
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Trade Agreement between the Government of the Republic of Colombia and the Government of the Republic of Côte d' Ivoire", made in Abidjan on the three (3) November of the three hundred and ninety-seven (1997), which is the first article of the the 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 of the honorable Senate of the Republic,
MANUEL ENRIQUEZ ROSERO.
The President of the honorable House of Representatives,
NANCY PATRICIA GUTIERREZ CASTANEDA.
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., on 11 July 2000.
ANDRES PASTRANA ARANGO
The Foreign Minister,
GUILLERMO FERNANDEZ DE SOTO.
The Vice Minister of Foreign Trade, in charge of the functions of the
Foreign Trade Minister's Office,
ANGELA MARIA OROZCO GOMEZ.
