LAW 638 OF 2001

(January 4)

Official Journal No 44.281 of 4 January 2001

By means of which the "Additional Protocol between the Republic of Colombia and the Kingdom of Spain is approved, amending the Convention of Nationality of twenty-seven (27) of June of one thousand nine hundred and seventy-nine (1979)", signed in Santa Fe de Bogota, D.C., on fourteen (14) September of a thousand nine hundred and ninety-eight (1998) and the "Exchange of Letters between the two Governments that corrects the title and the first paragraph of the preamble of the Protocol", of the twenty-seven (27) of September nine hundred and ninety-nine (1999).

COLOMBIA CONGRESS

Having regard to the text of the "Additional Protocol between the Republic of Colombia and the Kingdom of Spain Amending the Convention of Nationality of Twenty-Seven (27) of June of a thousand nine hundred and seventy-nine (1979)," signed in Santa Fe de Bogota, D. C., the Fourteen (14) September of a thousand nine hundred and ninety-eight (1998), and the "Exchange of Letters between the two Governments correcting the title and the first paragraph of the preamble of the Protocol" of the twenty-seven (27) September of a thousand nine hundred and ninety-nine (1999).

(To be transcribed: photocopy of the full text of the International Instrument and the exchange of notes mentioned).

"ADDITIONAL PROTOCOL BETWEEN THE REPUBLIC OF COLOMBIA AND THE KINGDOM OF SPAIN BY AMENDING THE DOUBLE NATIONALITY CONVENTION OF TWENTY-SEVEN (27) JUNE OF A THOUSAND NINE HUNDRED AND SEVENTY-NINE (1979)"

The Republic of Colombia and The Kingdom of Spain

Guided by the desire to revise certain provisions of the Double Nationality Convention between the Republic of Colombia and the Kingdom of Spain of June 27, 1979.

Whereas it is necessary to adapt it to the new situations that have occurred and taking into account that the Colombian Constitution and the Spanish Civil Code, admit that Colombians in Spain and the Spanish in Colombia can to acquire Colombian and Spanish nationality without being obliged to renounce nationality of origin.

Taking into account the provisions of Article 8o. of the Convention, have agreed as follows:

ARTICLE 1o. RIGHTS AND GUARANTEES. No Colombian by birth or Spanish of origin by the fact of acquiring the nationality of the other Party and residing in the territory of the other Party, shall lose the power to exercise in the territory of the adopted State, the rights arising from the exercise of their nationality of origin.

Colombian citizens by birth and Spaniards of origin, who have obtained the nationality of the other Party, prior to the validity of this Protocol, in accordance with the provisions of the Convention of Nationality signed on 27 January In June 1979, they may recover their civil and political rights, following a written statement to the Consul or the competent authority designated for the purpose. This situation shall be made known by diplomatic means to the other Party.

ARTICLE 2o. FORMALITIES. The person who holds the Colombian and Spanish nationality shall not be able to express to the authorities of the adopted State, his nationality of origin. It shall also not be able to state to the authorities of the State of which its adopted nationality is national by birth.

ARTICLE 3o. RELATIONSHIP TO THE NATIONALITY CONVENTION. The principles contained in the Convention of Nationality which are contrary to the will of this Amending Protocol shall be construed as repealed. Otherwise it shall be deemed to be in force.

ARTICLE 4. VALIDITY. This Protocol shall enter into force on the first day of the second month following that in which both Parties communicate that the internal procedures provided for in the legislation of both countries have been completed and shall have the same validity as the Convention of which it is a party.

Signed 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.

By the Republic of Colombia

GUILLERMO FERNANDEZ DE SOTO

The Foreign Minister

By the Kingdom of Spain "a.r"

FERNANDO VILLALONGA

The Secretary of State for International Cooperation

and for Iberoamerica,

DM/OJ. 019868

Santa Fe de Bogota, D. C., July 26, 1999

Excellent Lord Minister:

I have the honor to address your Excellency with reference to the "Additional Protocol between the Republic of Colombia and the Kingdom of Spain, modifying the Double Nationality Convention" of June 27, 1979, signed in Santa Fe de Bogota, D.C., the 14 September 1998.

In this regard, it has been noted that the official title of the 1979 Convention is the "Nationality Convention" and not the "Double Nationality Convention", as it appears in the authentic version of the Protocol. It is therefore necessary to make a correction to the authentic text of the Protocol, in accordance with the procedure laid down in Article 79 (1) (b) of the Vienna Convention on the Law of the Treaties of 1969.

To His Excellency the Lord

D. Abel Matutes Juan,

Minister of Foreign Affairs

of the Kingdom of Spain

Madrid.

To this effect, I have the honor of proposing to your Excellency to correct the title of the aforementioned international instrument to say " Additional Protocol between the Republic of Colombia and the Kingdom of Spain, modifying the Convention of Nationality '. I therefore propose that the first paragraph of the preamble be corrected, so that it says 'Guided by the desire to revise certain provisions of the Convention of Nationality between the Republic of Colombia and the Kingdom of Spain of 27 June 1979'.

would like to thank Your Excellency for making me aware of the compliance of the Government of the Kingdom of Spain with the previous proposal, in which case, this note and the answer that will be sent to me will constitute a formal agreement on the matter, which shall enter into force in accordance with the provisions of Article 4or of that Protocol.

I take the opportunity to reiterate to your Excellency the assurances of my highest and distinguished consideration.

The Deputy Foreign Minister, charged with the duties of the Minister's Office,

Maria Fernanda Campo Saavedra.

Madrid, 27 September 1999

Excellent lady:

I have the honor to address your Excellency with reference to the Additional Protocol between the Republic of Colombia and the Kingdom of Spain, amending the Double Nationality Convention of June 27, 1979 and to acknowledge receipt of your letter of July 26, 1999, which reads as follows:

" To His Excellency the Lord

D. ABEL MATUTES JUAN

Minister of Foreign Affairs

of the Kingdom of Spain

Madrid

Excellent Minister:

I have the honor to address your Excellency with reference to the "Additional Protocol between the Republic of Colombia and the Kingdom of Spain, modifying the Double Nationality Convention" of June 27, 1979, signed in Santa Fe de Bogota, D.C., on 14 September 1998.

In this regard, it has been noted that the official title of the 1979 Convention is the "Nationality Convention" and not the "Double Nationality Convention", as it appears in the authentic version of the Protocol. It is therefore necessary to make a correction to the authentic text of the Protocol, by means of the procedure laid down in Article 79, number 1, literal (b), of the Vienna Convention on the Law of the Treaties of 1969.For this purpose, I have the To propose to your Excellency to correct the title of the aforementioned international instrument to say "Additional Protocol between the Republic of Colombia and the Kingdom of Spain, modifying the Convention of Nationality". I therefore propose that the first paragraph of the preamble be corrected, so that it says 'Guided by the desire to revise certain provisions of the Convention of Nationality between the Republic of Colombia and the Kingdom of Spain of 27 June 1979'.

would like to thank Your Excellency for making me aware of the compliance of the Government of the Kingdom of Spain with the previous proposal, in which case, this note and the answer that will be sent to me will constitute a formal agreement on the matter, which shall enter into force in accordance with the provisions of Article 4or of that Protocol.

I take the opportunity to reiterate to your Excellency the assurances of my highest and distinguished consideration.

Maria Fernanda Campo Saavedra,

Deputy Foreign Minister,

Responsible for the Office of the Minister's Office. "

have the honour to inform you that Spain is in line with the foregoing and therefore its note of 26 July 1999 and this reply note, constitute a formal agreement on the matter, which will enter into force in accordance with the set out in Article 4or the said Protocol.

I take the opportunity to reiterate to your Excellency the assurances of my highest and distinguished consideration.

ABEL MATUTES JUAN

Minister of Foreign Affairs

To the Excelentisima Mrs.

Doctor MARIA FERNANDA CAMPO SAAVEDRA

Deputy Foreign Minister,

In charge of the duties of the Office of the Minister.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Santa Fe de Bogota, D. C., July 9, 1999

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

(Fdo.) ANDRES PASTRANA ARANGO

(Fdo.) GUILLERMO FERNANDEZ DE SOTO

The Foreign Minister

DECRETA:

ARTICLE 1o. Approve the "Additional Protocol between the Republic of Colombia and the Kingdom of Spain by amending the Convention of Nationality of twenty-seven (27) June of one thousand nine hundred and seventy-nine (1979)", signed in Santa Fe de Bogota, D.C., on fourteen (14) September of a thousand nine hundred and ninety-eight (1998), and the "Exchange of Letters between the two Governments that corrects the title and the first paragraph of the preamble of the Protocol", of the twenty-seven (27) of September thousand nine hundred and ninety-nine (1999).

ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a.  In 1944, the "Additional Protocol between the Republic of Colombia and the Kingdom of Spain Amending the Convention of the Nationality of Twenty-Seven (27) of June of one thousand nine hundred and seventy-nine (1979)", signed in Santa Fe de Bogota, D. C., on the fourteenth (14) September of a thousand nine hundred and ninety-eight (1998) and the "Exchange of Letters between the two Governments which corrects the title and the first paragraph of the preamble of the Protocol", of twenty-seven (27) September of a thousand nine hundred and ninety-nine (1999), which by 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.

MARIO URIBE ESCOBAR

The President of the honorable Senate of the Republic

MANUEL ENRIQUEZ ROSERO

The Secretary General of the honorable Senate of the Republic

BASILIO VILLAMIZAR TRUJILLO

The President of the Honourable House of Representatives

ANGELINO LIZANO RIVERA

The Secretary General of the Honourable House of Representatives

COLOMBIA-NATIONAL GOVERNMENT

COMMUNICATE AND COMPLY

Execute, upon revision of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.

Dada en Bogotá, D. C., 4 January 2001.

ANDRES PASTRANA ARANGO

GUILLERMO FERNANDEZ DE SOTO

The Foreign Minister