ACT 591 OF 2000
Official Gazette No. 44,079, of July 12, 2000
Through which the "Trade Agreement between the Government of the Republic of Colombia and the Government approved of the Republic of Ivory Coast ", made in Abidjan on day three (3) November in 1997 (1997). Summary
THE CONGRESS OF COLOMBIA
having regard to the text of the "Trade Agreement between the Government of the Republic of Colombia and the Government of the Republic of Ivory Coast", made in Abidjan on day three (3) of November, nineteen ninety-seven (1997).
(To be transliterated: photocopy of the full text of that instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs is attached).
TRADE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA
AND THE GOVERNMENT OF THE REPUBLIC OF IVORY COAST
The Government of the Republic of Côte d'Ivoire and the Government of the Republic of Colombia (which referred to herein as "Contracting Parties"), with the desire to develop the traditional friendly relations between the two countries on the basis of equality and mutual benefits, and compliance with international trade rules defined by the International Trade Organization (WTO) have agreed as follows: CHAPTER I.
TRADE IN GOODS AND SERVICES.
Article I. The Contracting Parties undertake to enhance trade cooperation within the framework of the provisions of this agreement and the laws and regulations in force in their respective countries.
ARTICLE II. Each of the Contracting Parties as a member of the World Trade Organization grant the other the most- favored in the field of trade and economic cooperation nation, especially as regards:
- The tariffs and taxes on imports and exports including methods for collection of these taxes and duties.
- The provisions relating to customs arrangements, transit, unloading and warehousing of goods.
- Modes of payment and transfers.
- Regulations on the sale, purchase, transport, distribution and use of goods on the domestic market.
ARTICLE III. The provisions of this agreement shall not apply to:
- advantages, concessions and exemptions arising from the current or future membership of one of the two countries, a free trade area, a customs union and their participation in multilateral economic integration agreements or common market.
- Advantages, concessions and exemptions granted or to be granted to neighboring countries to facilitate border trade.
ARTICLE IV. Trade in goods and services performed under this agreement shall be made on the basis of commercial contracts between natural or legal persons who are legally authorized to carry out foreign trade activities in the Republic of Colombia and the Republic of Ivory Coast.
These natural or legal persons in all cases assume full responsibility for their business transactions, in accordance with the laws and regulations in each of the two countries.
are considered as originating in each of the Contracting Parties:
- Products able to obtain a certificate of origin in accordance with the laws and regulations relating to origin in force in each of the two countries .
The services provided by a natural or legal person installed in countries Parties to this agreement.
ARTICLE VI. Each of the Contracting Parties shall apply the clause Most Favored Nation to the other Party vessels flying their flags, with respect to any matter relating to navigation and 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 generated bilateral trade in goods and taking action seeking to develop shipping in both countries.
ARTICLE VII. Payments relating to trade in goods and services performed under this agreement and the other admitted in accordance with laws, regulations and provisions of the Exchange Control force in each of the two Contracting Parties payments shall be made in freely convertible currency.
ARTICLE VIII. The Contracting Parties undertake to adopt the necessary measures to boost its global trade relations.
In this sense, they will strive to guide their transactions increasingly toward buying manufactured or semi-manufactured products of the other country, without prejudice to the exchange of other products.
Between economic operators.
Article IX. The Contracting Parties agree that support and facilitate e1 sustained development and diversification of trade and economic cooperation between their agencies, companies or other structures within the framework of laws, statutes and regulations in force in their respective countries.
Article X. In order to achieve the objectives set by Article IX quoted above; the fields of commercial and individual cooperation shall cover, inter alia:
a) Creating and managing industrial and commercial joint ventures;
B) Exchange of economic and commercial information;
C) Exchange of experts, specialists and consultants in the commercial and economic field;
D) Provision of facilities for training and consultation;
E) Any other form of cooperation concluded between the two Contracting Parties.
ARTICLE XI. The implementation of major projects of trade and economic cooperation under Article X referred to above, will be subject to specific programs, other than agreements and contracts between the Contracting Parties, in accordance with the laws in force in the two countries.
Article XII. In order to encourage trade between the two countries, each Contracting Party shall authorize the organization of fairs and exhibitions by enterprises and firms of the other State in its territory, while respecting their national legislation, and grant all possible facilities for the performance of the same.
To encourage the development of mutual trade relations, each of the contracting parties favor the participation of the other party in international fairs and exhibitions to be held in their territory.
Article XIII. Notwithstanding the provisions of Article II of this Agreement and in the framework of existing laws in both countries for Temporary Import, the Contracting Parties undertake to suspend taxes and duties on:
a) samples goods intended exclusively for advertising and propaganda;
B) Goods and articles intended for fairs and exhibitions provided that such goods are re-exported or objects;
C) Goods and articles intended for tests and experiments;
D) Tools and machines for assembly of stands at fairs and exhibitions;
E) Tools and imported by technicians to assemble, manufacture, repair and end objects;
F) imported containers for filling purposes, as well as the packaging material imported products.
The tools and objects above, they may not be sold.
Article XIV. In order to promote further development of trade between the two countries, the Contracting Parties shall encourage the organization of conferences and symposiums for economic operators and officials linked to foreign trade activities.
CHAPTER III. DISPUTE RESOLUTION
SECTION I. COMMERCIAL CONTRACTS.
Article XV. Disputes arising from contracts concluded within the framework of this agreement shall be settled in accordance with the provisions of such contracts, as stipulated in paragraph 2 of Article IV of the agreement.
INTERPRETATION AND IMPLEMENTATION OF THE AGREEMENT.
Article XVI. Any dispute between the Contracting Parties concerning the interpretation or implementation of the provisions of this agreement shall be resolved satisfactorily by the Joint Commission provided for in Chapter IV below cited. Failing that, they shall be submitted, if requested by one of the parties to an arbitration tribunal composed of three members.
Each party shall appoint one arbitrator. The two arbitrators so chosen appoint a presiding arbitrator, who shall be a citizen of a third country.
IMPLEMENTATION OF THE AGREEMENT.
Article XVII. For the implementation of this agreement, a Joint Trade Commission, composed of representatives of the Contracting Parties is created.
This Joint Commission shall meet every two (2) years, alternately in the Republic of Côte d'Ivoire and the Republic of Colombia, to discuss the proper implementation of the provisions of this agreement.
The Joint Commission will propose to both States to take the necessary measures for the development and diversification of their trade.
The 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 Ivory Coast, the Ministry of Commerce.
Article XVIII. This agreement shall be valid for a period of three years and renewable automatically each year, unless written complaint lodged by one of the Contracting Parties with three months notice before its expiration.
In the event of termination, the route completed and executory contracts between natural or legal persons of the Republic of Colombia and natural or legal persons of the Republic of Côte d'Ivoire, shall, until its completion, governed by the provisions of this agreement.
Article XIX. Notwithstanding the provisions of Article XVIII cited above, either Contracting Party may, by motivated and transmitted by appropriate diplomatic channels, present to the other party a request for modification or revision of this agreement notice.
Article XX. This Agreement shall enter into force on the date of 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 its expiry, to all the obligations under the contracts concluded during its term, and which have not been executed at the time of expiry.
Done in Abidjan, on November 3, 1997 in two original copies in the French and Spanish languages, both texts being equally authentic.
For the Government of the Republic of Côte d'Ivoire,
For the Government of the Republic of Colombia,
Carlos Lemos Simmonds, Vice President
The undersigned Head of the Legal Office of the Ministry of Foreign Affairs DECLARES
That this reproduction is faithful copy taken from the original text, in Spanish, the "Trade Agreement between the Government of the Republic of Colombia and the Government of the Republic of Ivory Coast ", made in Abidjan on November 3, 1997, a document that is on file in the Legal Office of the Ministry.
Given in Santa Fe de Bogota, DC, eight (8) days of the month of June in 1999 (1999).
Chief Legal Office,
VARELA HECTOR ADOLFO Sintura. RAMA
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC, July 9, 1999. Approved
. Undergo consideration of the honorable National Congress for constitutional purposes.
The Andres Pastrana Foreign Minister,
(Sgd.) Guillermo Fernandez de Soto
ARTICLE 1o. Approval of the "Trade Agreement between the Government of the Republic of Colombia and the Government of the Republic of Ivory Coast", made in Abidjan on day three (3) November in 1997 (1997).
. In accordance with the provisions of article 1. 7a Act. 1944, the "Trade Agreement between the Government of the Republic of Colombia and the Government of the Republic of Ivory Coast", made in Abidjan on day three (3) November in 1997 (1997), which the first article of this law is passed, it will force the country from the date the international link is perfect therefrom.
ARTICLE 3. This law applies from the date of publication.
The President of the honorable Senate,
MIGUEL VIDAL PINEDO.
The Secretary General of the honorable Senate of the Republic, Manuel Enríquez Rosero
The President of the honorable House of Representatives, Nancy Patricia Gutiérrez
The Secretary General of the honorable House of Representatives,
GUSTAVO BUSTAMANTE Moratto.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
communicated and published. Run
prior review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Santa Fe de Bogota, DC, on July 11, 2000.
Andres Pastrana Minister of Foreign Affairs,
Guillermo Fernandez de Soto.
The Deputy Minister of Foreign Trade, in charge of the functions of
Office of the Minister of Foreign Trade,
ANGELA MARIA OROZCO GÓMEZ.