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Act 624 2000

Original Language Title: LEY 624 de 2000

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624 OF 2000

(November 23)

Official Journal No 44.240 of 27 November 2000

By means of which the "Agreement between the Republic of Colombia and the Kingdom of Spain on cooperation in the prevention of the misuse and control of the illicit trafficking of narcotic drugs and psychotropic substances" is approved, made in Santafe de Bogota, September fourteen (14) from one thousand nine hundred and ninety-eight (1998).

Vigency Notes Summary

COLOMBIA CONGRESS

Having regard to the text of the Agreement between the Republic of Colombia and the Kingdom of Spain on cooperation in the prevention of the misuse and control of the illicit trafficking of narcotic drugs and psychotropic substances, made in Santafe de Bogota, September 14, 1998.

(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).

" AGREEMENT BETWEEN THE REPUBLIC OF COLOMBIA AND THE KINGDOM OF SPAIN ON COOPERATION IN THE PREVENTION OF MISUSE AND CONTROL

ILLICIT TRAFFICKING IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

The Republic of Colombia and the Kingdom of Spain, hereinafter referred to as the Contracting Parties.

Aware that bilateral cooperation is essential to address problems arising from misuse and illicit drug trafficking;

Developing the provisions of the United Nations Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances, made in Vienna on 20 December 1988, hereinafter referred to as "the Convention";

Aware that the fight against the activities of production, manufacture, trafficking, distribution and illicit sale and misuse of narcotic drugs and psychotropic substances, and other behaviors described in the numeral 1 of article 3o. of the Convention, is a shared responsibility of the International Community which requires comprehensive and balanced treatment;

Wishing to protect the life and health of their respective peoples from the serious effects of the misuse of narcotic drugs and psychotropic substances;

Whereas in order to obtain effective results against the various manifestations of illicit trafficking in narcotic drugs and psychotropic substances and their related crimes, the permanent exchange of information with the aim of prevent, control and repress all manifestations of this illicit activity;

Wishing to cooperate through a bilateral agreement to the global objective of the prevention, control and elimination of the misuse and illicit trafficking of narcotic drugs and psychotropic substances;

Abiding by the legal and constitutional provisions of its Internal Law and respecting the principles of International Law;

The following have been agreed:

ARTICLE FIRST.  INSTRUMENTS OF COOPERATION. The Contracting Parties agree to develop the cooperation provided for in "the Convention" in order to prevent, control and repress the activities of production, manufacture, trafficking, distribution and illicit sale; misuse of narcotic drugs and psychotropic substances, through:

(a) The establishment of a permanent exchange of information and documentation, in order to identify persons or organizations linked to the illicit trafficking of narcotic drugs and psychotropic substances, and other conduct described in the Article 3o, paragraph 1 of "The Convention";

b) Technical assistance to support training programmes in the areas of expertise of each of the Contracting Parties, in order to improve the effectiveness of the results of the fight against all forms of illicit trafficking Narcotic drugs and psychotropic substances, which are understood to be the purpose of this Convention as set out in Article 1. of "the Convention";

(c) The authorisation of coordinated activities, provided that they do not contravene their domestic law, in order to conduct investigations against the illicit trafficking of narcotic drugs and psychotropic substances;

d) Technical and scientific assistance in the implementation of all projects and programmes, as well as the exchange of information on the prevention of the misuse of narcotic drugs and psychotropic substances, in assistance Social and health insurance and social reintegration.

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ARTICLE SECOND. TECHNICAL ASSISTANCE AND PREVENTION. The areas in which cooperation in the field of technical assistance and prevention of the misuse of narcotic drugs and psychotropic substances will be developed shall be:

1. The exchange of proposals for the development of experimental prevention and dishabituation programmes.

2. Selection of priority programmes in the field of prevention.

3. Development of general health promotion and education programs for the well-being of citizens and especially youth.

4. The exchange of information on policies and programs for the prevention and rehabilitation of addicts, current legislation, police investigation regarding the illicit trafficking of narcotic drugs and psychotropic substances and other behaviors described in the numeral 1 article 3. of "the Convention".

5. Technical assistance in the planning and implementation of research and training programmes aimed at exchanging knowledge on the activity of criminal organisations in all links of illicit trafficking in narcotic drugs and psychotropic substances and their related offences.

6. The conclusion, as far as possible, of seminars, conferences and courses of training and specialization on the subjects covered by this agreement.

7. The design of the role of the various therapeutic services in the supply of care and needs arising from them (detoxification services, outpatient centers, day centers, therapeutic communities, etc.).

8. The study and evaluation of experimental programs for a comprehensive approach to drug care.

9. The study and development of community awareness projects to support the reintegration of drug addicts.

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ARTICLE THIRD. CONTROL OF ILLICIT TRAFFIC.

1. Cooperation in the fight against illicit trafficking in narcotic drugs and psychotropic substances shall be carried out in accordance with the internal legislation of each Contracting Party, in particular by:

(a) The exchange of information, publications and statistical data regarding the illicit trafficking of drugs and psychotropic substances;

b) The periodic exchange of operational information of mutual interest with respect to specific facts, events and persons, allegedly involved in the illicit trafficking of drugs and psychotropic substances, their methods of action as well as money laundering from such traffic;

e) the exchange of information on means of transport, cargo, mail and other means, and on routes and techniques used for the illicit traffic of drugs in transit through the territory of one of the Contracting Parties, with a final destination to any of them, so that the competent authorities can take the necessary measures;

d) Technical support through the exchange of professionals to improve their training;

e) The provision of material and all types of media to improve the operability and effectiveness of professionals and technicians.

(f) the transmission of information, in so far as it is permitted by its national law, on the results obtained in the investigations and actions carried out by its competent authorities and on the interdiction activities which have been carried out; carried out as a result of the assistance provided for in this Convention.

2. The Contracting Parties, provided that the effectiveness of an operation against the illicit trafficking of narcotic drugs and psychotropic substances and related crimes so requires, shall carry out coordinated actions from the jurisdiction of each of the Contracting Parties. Parts.

3. In order to improve the cooperation provided for in this Agreement and in accordance with the provisions laid down in Article 9 (1) (a), of "the Convention", the Contracting Parties shall consider the designation of liaison officers, defining by common agreement the profile and the functions to be performed.

4. The Contracting Parties shall be in attendance to plan and organize coordinated actions against the illicit trafficking of narcotic drugs and psychotropic substances and their related crimes. For the implementation of the operations resulting from the assistance provided for in this Article, the competent authorities of each Contracting Party shall act only on their respective territory.

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ARTICLE FOURTH. IMPLEMENTATION OF THE COOPERATION ACTIVITIES. The exchange of information and other aspects mentioned above between the Contracting Parties shall be carried out through the responsible drug organs of both countries. The names of those authorities shall be communicated to each other through diplomatic notes.

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ARTICLE QUINTO. DEVELOPMENT OF THE COOPERATION AGREEMENT.

1. The competent authorities of the two Contracting Parties may, within the framework of their internal arrangements, negotiate the operational mechanisms necessary for the implementation of this Agreement.

2. Irrespective of the arrangements and detailed rules laid down in the preceding paragraph, the two Contracting Parties may, in so far as the national legal system of each State so permits, conclude the agreements on the laundering of capital and control to prevent the diversion of precursors and essential chemicals, which they consider relevant in accordance with the activities and purposes provided for in this Agreement.

SIXTH AGREEMENT. JOINT COMMITTEE ON DRUG COOPERATION. For the implementation of this Agreement, a Joint Spanish-Colombian Joint Commission shall be established, integrated by members appointed by the competent authorities of the two Contracting Parties.

They will form part of the Joint Commission of the Spanish side representatives of the Government Delegation for the National Plan on Drugs and the Ministry of Foreign Affairs of Spain and the Colombian side representatives of the Ministry of Foreign Relations, Ministry of Justice and Law, the Office of the Prosecutor General of the Nation and the National Narcotics Directorate.

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ARTICLE SEVENTH. FUNCTIONS OF THE JOINT COMMITTEE.

1. The Joint Committee shall, in addition to those granted to it by the competent authorities, have the following

:

(a) Facilitate communication between the competent authorities of both countries in the field of application of this Agreement.

b) Propose to the competent authorities of both countries the conditions of cooperation in the matter referred to in Article 2or. to this Agreement;

(c) Propose to the competent authorities the administrative arrangements and rules referred to in this Agreement;

d) Track the implementation of the programmes and exchanges provided for in this Agreement.

2. The Joint Committee may set up working groups within its own body and may seek the cooperation of any other Ministerial Department or entity likely to assist it in its work, on the proposal of one of the Contracting Parties.

3. Irrespective of the meetings of the working parties, the Joint Committee shall meet at the request of one of the Contracting Parties two months in advance of the scheduled date of the meeting, except in exceptional cases where the meeting is to be held. immediate call for analysis of the work in progress, definition of guidelines and evaluation of the results obtained in the various fields of action.

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ARTICLE EIGHTH. ENTRY INTO FORCE. This Agreement shall enter into force from the 60 days from the date on which both parties are notified in writing, through diplomatic channels, of the completion of the necessary legal formalities in both States for this purpose. Each Contracting Party shall inform each other of the responsible authority authorised by each of them, which is responsible for the implementation of this Agreement.

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ARTICLE NINTH. VALIDITY. This agreement shall remain in force indefinitely unless it is reported by one of the Contracting Parties, which shall be communicated by diplomatic means to the other Contracting Party at a time of six months ' notice. Requests for assistance made during this term will be met by the Required Party.

Made in Santa Fe de Bogota, D. C., at fourteen (14) days of the month of September of a thousand nine hundred and ninety-eight (1998) in two identical copies, both texts being equally authentic.

For the Republic of Colombia, Minister of Foreign Affairs

GUILLERMO FERNANDEZ DE SOTO.

By the Kingdom of Spain, "a. r" Secretary of State for Cooperation

International and for Latin America,

FERNANDO VILLALONGA ".

The undersigned Head of the Legal Office of the Ministry of Foreign Affairs

NOTES:

That this reproduction is a faithful copy of the original text of the Agreement between the Republic of Colombia and the Kingdom of Spain on cooperation in the prevention of the misuse and control of illicit drug trafficking, and psychotropic substances, made in Santa Fe de Bogota, D. C., September 14, 1998, a document that rests in the archives of the Legal Office of this Ministry.

Dada en Santa Fe de Bogotá, D. C., el primero (1o.) de febrero de dos mil (2000).

the Chief Legal Officer,

HECTOR ADOLFO SYNTURA VARELA.

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Santa Fe de Bogota, D. C., February 14, 2000

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

(Fdo.) ANDRES PASTRANA ARANGO

The Foreign Minister,

(FDO.) GUILLERMO FERNANDEZ DE SOTO.

DECRETA:

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ARTICLE 1o. Approve the Agreement between the Republic of Colombia and the Kingdom of Spain on cooperation in the prevention of the misuse and control of illicit drug and substance trafficking psychotropic, made in Santa Fe de Bogota, D. C., September 14, 1998.

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ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. 1944, the Agreement between the Republic of Colombia and the Kingdom of Spain on cooperation in the prevention of the misuse and control of the illicit trafficking of narcotic drugs and psychotropic substances, made in Santa Fe de Bogota, D. C., September 14, 1998, as referred to in Article 1. 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.

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ARTICLE 3o. This law governs from the date of its publication.

The President of the honorable Senate of the Republic,

MARIO URIBE ESCOBAR.

The Secretary General of the honorable Senate of the Republic,

MANUEL ENRIQUEZ ROSERO.

The President of the honorable House of Representatives,

BASILIO VILLAMIZAR TRUJILLO.

The Secretary General of the honorable House of Representatives,

ANGELINO LIZANO RIVERA.

COLOMBIA-NATIONAL GOVERNMENT

COMMUNICATE AND COMPLY.

Execute, upon revision of the Constitutional Court, in accordance with article 241-10 of the Political Constitution.

Dada in Bogotá, D. C., at 23 November 2000.

ANDRES PASTRANA ARANGO

The Foreign Minister,

GUILLERMO FERNANDEZ DE SOTO.

The Minister of Justice and Law,

ROMULO GONZALEZ TRUJILLO.

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