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Through Which The "agreement Establishing The Advisory Centre On Wto Affairs Is Established", Made In Seattle, Was Approved On November 30, 1999

Original Language Title: Por medio de la cual se aprueba el "Acuerdo por el que se establece el Centro de Asesoría Legal en Asuntos OMC", hecho en Seattle, el 30 de noviembre de 1999

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LAW 639 OF 2001

(January 4)

Official Journal No 44.281 of 4 January 2001

By means of which the "Agreement establishing the Center for Legal Counsel in WTO Matters" is approved, made in Seattle, on November 30, 1999.

Vigency Notes Summary

COLOMBIA CONGRESS

Having regard to the text of the "Agreement establishing the Center for Legal Counsel in WTO Matters", made in Seattle on November 30, 1999.

(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).

® AGREEMENT ESTABLISHING THE CENTER OF

LEGAL ADVICE ON WTO AFFAIRS

Parties to this Agreement

-noting that with the Agreement establishing the World Trade Organization (WTO) a complex legal system and procedures developed for the settlement of differences were created;

-Taking note of the fact that developing countries, including those with the least developed countries, and countries with economies in transition, have limited knowledge about WTO rules and differences management. complex trade, and that their ability to equip themselves with such knowledge imposes severe financial and institutional obligations;

-Aware that an appropriate balance between the rights and obligations arising from the Agreement establishing the WTO will only be maintained if all its Members fully understand the rights and obligations of the WTO. They can and can use the WTO dispute settlement procedures on a level playing field;

-Also aware that the credibility and acceptability of WTO dispute settlement procedures can only be guaranteed if all WTO Members can participate effectively in the WTO;

-Resolved therefore to create a system of legal training, expertise and advice on matters related to WTO rules, quickly accessible to developing countries and in particular the least developed ones, and the countries with economies in transition.

Decide the following:

ARTICLE 1o. ESTABLISHMENT OF A LEGAL ADVISORY CENTER ON WTO AFFAIRS. This Agreement establishes the Center for Legal Counsel in Matters related to WTO rules (hereinafter referred to as the "Center").

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ARTICLE 2o. OBJECTIVES AND FUNCTIONS OF THE CENTER.

1. The aim of the Centre is to provide training, support and legal advice on matters related to WTO rules and dispute settlement procedures, to developing countries and to the least-developed countries. The European Union is a major partner in the European Union.

2. The Centre shall for this purpose:

-Provide legal advice on matters related to WTO rules;

-Provide support to parties and third parties in WTO dispute settlement procedures;

-To train government officials on matters related to WTO regulations through WTO law and case law seminars, internships and other appropriate means; and

-Play any other role entrusted to you by the General Assembly.

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ARTICLE 3o. CENTER STRUCTURE.

1. The Center shall have a General Assembly, a Board of Directors and an Executive Director.

2. The General Assembly shall be composed of representatives of the Members of the Centre and representatives of the developing countries listed in Annex III to this Agreement. The General Assembly shall meet at least twice a year for:

-Evaluate the Center's work;

-Choose the Board of Directors;

-Adopt regulations proposed by the Board of Directors;

-Adopt the annual budget proposed by the Board of Directors, and

-Perform the duties assigned to you in other articles of this Agreement.

The General Assembly will adopt its procedural rules.

3. The Board of Directors shall consist of four members, a representative of the least developed countries and an Executive Director. Persons forming part of the Board of Directors shall be responsible for their personal capacity and shall be chosen for their professional qualifications in the field of WTO law or international trade development and relations.

4. The General Assembly shall appoint the members of the Board of Directors and the representative of the least developed countries. The director is part of the Board of Directors ex officio. The group of Members listed in Annex I and the three groups of Members listed in Annex II to this Agreement may each propose a candidate to the Board of Directors for designation by the General Assembly. The least developed countries listed in Annex III to this Agreement may nominate their representative to the Board of Directors for designation by the General Assembly.

5. The Board shall report to the General Assembly. The Board of Directors shall meet the frequency required for:

-Make the necessary decisions for the Center to operate effectively and efficiently, in accordance with this Agreement;

-Prepare the Center's annual budget for approval by the General Assembly;

-Examine appeals submitted by Members who have been denied support in a dispute settlement procedure;

-Monitor the management of the Center trust fund;

-Name an external auditor;

-Name the Executive Director in consultation with Members;

-Propose to the General Assembly the adoption of rules on:

-Board procedures;

-The duties and conditions of service of the Executive Director, the staff of the Center and the consultants who contract the Center;

-The Management and Investment Policy of the Center Trust Fund;

-Perform the functions assigned to it in accordance with other provisions of this Agreement.

6. The Executive Director shall report to the Board of Directors and shall be invited to participate in all its meetings. The Executive Director shall:

-Manage the Center's ordinary activities;

-Contry, direct and dismiss the staff of the Center, in accordance with the Staff Regulations adopted by the General Assembly;

-Hire consultants and monitor their work;

-Submit to the Board and the General Assembly the statement of revenue and expenditure of the budget of the previous fiscal year, after independent audit; and

-Externally represent to the Center.

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ARTICLE 4. DECISION MAKING.

1. The General Assembly shall adopt decisions by consensus. Where the adoption of a proposal is considered at a meeting of the General Assembly, it shall be deemed to be adopted by consensus, provided that no formal objections have been raised during the meeting by any Member of the Centre or the Board of Directors. This provision shall also apply, mutatis mutandis, to the decisions of the Board of Directors.

2. When the President of the General Assembly or the Board of Directors determines that it is not possible to reach a consensus decision, he (the) President may decide to put the matter to a vote in the General Assembly. In that case, the General Assembly shall take a decision by a majority of four fifths of the Members present who vote. Each Member is entitled to one vote. During the meetings of the General Assembly, the simple majority of the Members of the Centre shall constitute the quorum necessary for a vote on any matter.

3. In the event of a decision on amendments, the procedures provided for in Article 11 (1 of this Agreement shall apply.

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ARTICLE 5o. FINANCIAL STRUCTURE OF THE CENTER.

1. A trust fund shall be established with contributions from the Members in accordance with the provisions of Article 6 (2or of this Agreement.

2. The Centre shall charge fees for the legal services provided, in accordance with the scale set out in Annex IV to this Agreement.

3. The annual budget of the Centre shall be financed by the revenue obtained by the trust fund, the fees charged for services provided by the Centre, and the voluntary contributions of governments, international organisations or private sector sponsors.

4.  The Centre shall have an external auditor.

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ARTICLE 6o. RIGHTS AND OBLIGATIONS OF MEMBERS.

1. Each Member State in development and each Member with a transitional economy listed in Annex II to this Agreement are entitled to use the services provided by the Centre in accordance with the regulations adopted by the Centre. General Assembly, and in accordance with the scale set out in Annex IV. Each Member has the right to request support during WTO dispute settlement procedures in any of the three official languages of the WTO.

2. Members who have adopted this Agreement shall pay without delay a single contribution to the Centre's trust fund and/or annual contributions during the first five years of operation, in accordance with the scale of contributions provided for in Annexes I and II to this Agreement. Members who adhere to this Agreement shall make contributions in accordance with the provisions of their instrument of accession.

3. Members shall pay without delay the fees for services provided by the Centre.

4. Where the Board of Directors determines that any Member has failed to fulfil any of the obligations under paragraphs 2 or 3 of this Article, it may decide to deprive it of the exercise of the rights referred to in paragraph 1 of this Article. Article.

5. No part of this Agreement shall be construed as implying that Members assume more financial responsibility than is derived from paragraphs 2 and 3 of this Article.

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ARTICLE 7o. RIGHTS OF THE LEAST DEVELOPED COUNTRIES. On request, the least developed countries listed in Annex III shall be entitled to the services offered by the Centre in accordance with the provisions of the regulations adopted by the Assembly. General and the scale of fees contained in Annex IV. Each of these countries will be able to request support in WTO dispute settlement procedures in any of the three official languages of the WTO.

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ARTICLE 8o. PRIORITIES IN SUPPORTING ATTRIBUTION DURING THE COURSE OF WTO DISPUTE SETTLEMENT PROCEDURES. If two countries entitled to receive support in WTO dispute settlement procedures are involved in the same procedure, such support shall be granted in accordance with the following priorities: first, the least developed countries; second, the Members who have accepted this Agreement; third, the Members who have acceded to this Agreement; to this Agreement. The General Assembly shall adopt a regulation on the provision of support in dispute settlement procedures, where it shall include these priorities.

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ARTICLE 9o. COOPERATION WITH OTHER INTERNATIONAL ORGANISATIONS. The Centre shall cooperate with the World Trade Organisation and other international organisations with a view to promoting the objectives of this Agreement.

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ARTICLE 10. LEGAL STATUS OF THE CENTRE.

1. The Centre shall have legal personality and shall be entitled, in particular, to recruit, acquire and dispose of movable and immovable property, and to establish legal procedures.

2. The Centre will be based in Geneva, Switzerland.

3. The Centre shall seek to conclude an agreement with the Swiss Confederation on the legal status, and the privileges and immunities to which it must enjoy. The President of the General Assembly may sign the agreement, after approval by the General Assembly. The agreement may stipulate that the Helvetic Confederation grants the Centre, its Executive Director and its staff, the legal status, privileges and immunities which the Helvetic Confederation grants to permanent diplomatic missions and their Members, or international organizations and their staff.

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ARTICLE 11. AMENDMENTS, DENUNCIATION AND TERMINATION.

1. Any Member of the Center or Board may submit to the General Assembly a proposal to amend a provision of this Agreement. Proposals shall be notified without delay to Members. The General Assembly may submit the proposal to the Members for approval. The amendment shall enter into force on the 30th day following the date on which the Depositary receives the instruments of acceptance from all Members.

2. If the financial situation of the Centre requires it, any Member of the Centre or of the Board may submit to the General Assembly a proposal to amend the scale of contributions laid down in Annexes I and II to the General Assembly. This Agreement and the scale of fees provided for in Annex IV to this Agreement. This amendment shall enter into force from 30 successive days after the date on which the General Assembly has adopted it by a unanimous decision.

3. Paragraphs 1 and 2 of this Article are without prejudice to the obligation of the Board to amend Annexes II and IV in accordance with their respective notes.

4. Members may denounce this Agreement at any time by sending written notice to the Depositary, who shall in turn inform the Executive Director and the Members of the Center of such notification. The complaint shall be effective from 30 days after the date on which the Depositary has received the notification. The complaint shall have no effect on the obligation to pay the fees for services already provided by the Centre, in accordance with Article 6 (3or this Agreement. The Member who denounces the Agreement shall not be entitled to any reimbursement of his contributions to the Centre's trust fund.

5. The General Assembly may decide to terminate this Agreement. Upon termination, the goods of the Center shall be distributed among the present and past Members of the Center, in proportion to the total contributions of each Member to the trust fund and to the annual budget of the Center.

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ARTICLE 12. TRANSITIONAL PROVISIONS.

1. During its first five years of operation, the budget of the Centre shall be fed by annual contributions from the Members in accordance with Article 6 (2or this Agreement and Annex I thereto. During that period, the trust fund's appropriations and the fees received for services provided shall be allocated to the trust fund.

2. During the first five years of operation of the Centre, the Board of Directors shall have five members, and during the same period, the Members listed in Annex I to this Agreement may nominate two persons to the Board of Directors.

3. The denunciation of this Agreement by a Member shall not affect its obligation to pay its annual contributions during the first five years of operation, in accordance with Article 62) or This Agreement and Annex I thereto.

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ARTICLE 13. ACCESSION AND ENTRY INTO FORCE.

1. Any other State or customs territory listed in Annex I, II or III to this Agreement may become a Member of the Center accepting this Agreement, by signature, or signature subject to ratification, acceptance or approval during the The third WTO Ministerial Conference to be held in Seattle between 30 November and 3 December 1999, and subsequently, until 31 March 2000. The instrument of ratification, acceptance or approval shall be deposited by 30 September 2002 at the latest.

2. This Agreement shall enter into force on the 30th day following the following conditions:

-When the 20th instrument of ratification, acceptance or approval has been deposited, or signature not subject to ratification acceptance or approval; and

-When the total of the unique contributions to the trust fund of the Center that the States or customs territories that have accepted this Agreement have an obligation to pay, in accordance with Article 6or this Agreement and its Annexes I and II exceed $6 million from the United States; and

-When the total annual contributions that the States or customs territories that have accepted this Agreement have an obligation to pay, in accordance with Article 6 (2or of this Agreement and its Annex I, exceeds 3 million dollars from the United States.

3. For each of the Signatories of this Agreement which deposits its instrument of ratification, acceptance or approval, after the date on which the conditions laid down in Article 6or this Agreement, the Agreement shall enter into force on the 30th day following the date of deposit of the instrument of ratification, acceptance or (.).

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ARTICLE 14. RESERVATIONS. No reservations may be made with respect to any of the provisions of this Agreement.

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ARTICLE 15. ANNEXES. The Annexes to this Agreement form an integral part of this Agreement.

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ARTICLE 16. ACCESSION. Any Member of the WTO and any other State, or customs territory other than in the process of accession to the WTO, may become a Member of the Centre, adhering to this Agreement, in accordance with the conditions and requirements it has agreed to with the Center. The accessions shall be effective after the approval of the instrument of accession by the General Assembly. The General Assembly shall approve the instrument of accession, provided that the Board has established that the accession in question does not entail financial or operational problems for the Centre. This Agreement shall apply in respect of the Member of the WTO or the various customs territories or territories in the course of accession to the WTO, on the 30th day following the date of deposit of the instrument of accession.

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ARTICLE 17. DEPOSITARY AND REGISTRY.

1. This Agreement shall be deposited with the Kingdom of the Netherlands.

2. This Agreement shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations.

Done in Seattle, at thirty November of a thousand nine hundred and ninety-nine, in a single copy, and in the English, French and Spanish languages, each of the texts being equally authentic.

ANNEX I

COUNTRIES ' MINIMUM CONTRIBUTIONS

DEVELOPED MEMBERS

Note: If any Member deems it necessary, you may pay your contribution to the Trust Fund in equal annual instalments for the three years following the entry into force of this Agreement.

ANNEX II

MINIMUM CONTRIBUTIONS FROM DEVELOPING COUNTRIESAND MEMBERS OF ECONOMIES IN TRANSITION

The least developed countries listed in Annex III that have accepted this agreement. US$ 50,000

A. Pending the submission of the instrument of ratification.

Notes:

If any Member deems it necessary, it may pay its contribution to the Trust Fund in equal annual instalments over the four years following the entry into force of this Agreement.

The classification in Groups A, B, C in which the Member countries have been subdivided into this Annex is based on their share of world trade, with an upward correction reflecting their per capita income, as indicated in the next table. The share of participation in world trade was determined on the basis of the participation in world trade that the WTO used to determine the participation of its Members in WTO contributions. Per capita income is based on World Bank statistics. Taking into account these criteria and statistical sources, the Board of Directors shall examine the classification of the Members listed in this Annex at least once every five years and, if necessary, amend the classification for reflect changes that have occurred in the participation in world trade and in the per capita income of such Members.

Per capita GNP market share category

world

A > = 1.5% or Countries with revenue

High

B > = 0.15% and < Countries with revenue

C 1.5% or high media

< 0.15%

The provisions in article 7or. This Agreement and Annex IV thereto shall apply in the same way to the least developed countries listed in Annex III which have not accepted this Agreement and to the least developed countries listed in Annex III which they have accepted. the agreement.

The different States and customs territories listed in Annex II and which are not Members of the Centre may apply for support from the Centre in dispute settlement procedures at the WTO, and the fees provided for in the Annex must be paid. IV of this Agreement. Such support shall be granted on condition that no Member of the Centre is involved in the same case, or if any Member involved in the same case authorizes the Centre to provide support to such a State or customs territory. All other services will be provided exclusively to Members and to the least developed countries.

ANNEX III

LEAST ADVANCED COUNTRIES THAT ARE ENTITLED

TO THE CENTER SERVICES

*In course of accession to the WTO.

Note: Should the United Nations designate any country not listed in this Annex as a least-advanced country, the Board shall add it to the list in this Annex, provided that it is a WTO Member or has commenced a process of accession to the WTO. In the event that any country on the list is no longer considered as being in advance by the United Nations, it shall be deemed not to be a country listed in this Annex.

ANNEX IV

FEE SCALE FOR SERVICES

PROVIDED BY THE CENTER

Note: The Board may adjust the present scale of fees to reflect changes in the consumer price index in Switzerland.

IN WITNESS WHEREOF, the undersigned, duly authorized have signed this

Agreement.

EN FOI DE QUOI les soussignés, d-ment habilités, ont signé le Present Accord.

IN FE OF THE CUAL, the undersigned, duly authorized, have signed this agreement.

DONE at Seattle this thirtieth day of November one thousand nine hundred and

ninety-nine.

FAIT a Seattle, le trente novembre mille neuf cent quatre-vingt-dix-neuf.

FACT in Seattle, on the thirtieth of November of a thousand nine hundred and ninety-nine.

Authenticated copies of the original in three (3) languages.

Unreadable signature.

The undersigned Head of the Legal Office of the Ministry of Relations

Foreign,

NOTES:

That the present reproduction is a faithful copy of the text of the AGREEMENT ESTABLISHING THE WTO LEGAL ADVISORY CENTER, made in Seattle, on November 30, 1999, a document that is based on the archives of the Office Legal status of this Ministry.

Dada en Santa Fe de Bogotá, D. C., el quince (15)

of February 2000.

HECTOR ADOLFO SYNTURA VARELA

the Head Legal Office

EXECUTIVE BRANCH OF THE PUBLIC POWER-PRESIDENCY OF THE REPUBLIC

Santa Fe de Bogota, D. C., March 16, 2000

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 "Agreement establishing the Center for Legal Counsel in WTO Matters", made in Seattle, on November 30, 1999.

ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Agreement establishing the Center for Legal Counsel in WTO Matters", made in Seattle, on November 30, 1999, which, by article 1or this law, is approved, will force the country from the date of the date of its adoption. the international link with respect to the same.

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 House of Representatives

COLOMBIA-NATIONAL GOVERNMENT

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

COMMUNICATE AND COMPLY

Dada en Bogotá, D. C., 4 January 2001

ANDRES PASTRANA ARANGO

GUILLERMO FERNANDEZ DE SOTO

The Foreign Minister

SANTIAGO ROJAS ARROYO

The Vice Minister of Foreign Trade, in charge of the functions

del Despachode la Ministra de Comercio Exterior,

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