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LAW 641 OF 2001
(January 5)
Official Journal No 44.282 of 5 January 2001
By means of which the "Convention of Technical and Scientific Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Ecuador" is approved, made in Santa Fe de Bogota, D. C., on October 20, 1999.
COLOMBIA CONGRESS
Having regard to the text of the "Agreement of Technical and Scientific Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Ecuador", made in Santa Fe de Bogota, D.C., on 20 October 1999.
(To be transcribed: photocopy of the full text of the International Instrument mentioned).
TECHNICAL AND SCIENTIFIC COOPERATION AGREEMENT BETWEEN THE GOVERNMENT OF THE
REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE REPUBLIC OF ECUADOR
The Government of the Republic of Colombia
and
The Government of the Republic of Ecuador
Hereinafter referred to as the Parties
Encouraged by the desire to strengthen in both countries the bonds of friendship and cooperation and convinced of the multiple benefits arising from mutual collaboration;
Recognizing the importance that technical and scientific cooperation represents for the intensification of actions in the economic and social order in both nations;
Highlighting the need to foster, concretize and modernize the technical and scientific infrastructure of countries,
You have agreed to the following:
1. The objective of this Convention is to promote scientific and technical cooperation between the two countries by formulating and implementing programmes and projects in areas of common interest, in accordance with the priorities set out in their respective programmes. economic and social development strategies and policies. In order to achieve this objective, the Parties undertake to give new impetus to their cooperation actions, on the basis of the principles of mutual benefit, reciprocity, respect for sovereignty, non-intervention in internal affairs and policies of development in each country.
2. All programmes, specific projects and technical and scientific cooperation activities agreed by the Parties shall be implemented in accordance with the general provisions of this Convention and the rules established in each country.
ARTICLE 2o. RESPONSIBLE ENTITIES. As entities responsible for compliance with the terms of this Convention:
-The Colombian side appoints the Ministry of Foreign Affairs and the Colombian Agency for International Cooperation, ACCI.
-The Ecuadorian side appoints the Foreign Ministry and the Ecuadorian Foreign Cooperation Agency, AGECE.
ARTICLE 3o. implementation of the programmes defined in the framework of this Convention shall be carried out in the form of shared costs, without prejudice to any other that may lead to the objectives of such collaboration. For the implementation of the sectoral programmes and specific projects, the Parties may request, by common agreement, the participation of other sources of funding, where the Parties consider it relevant. (Bilateral and Multilateral).
ARTICLE 4. AREAS OF COOPERATION. The Parties establish the following areas of cooperation, without prejudice to extending them by common agreement in the future:
Education, health, agriculture, environment, science and technology, productive development (SMEs), decentralization and state reform, social security, justice, housing and urban development, mining, energy, justice, microenterprises, industry, trade and gender.
ARTICLE 5o. MODALITIES OF COOPERATION. For the purposes of this Convention, technical and scientific cooperation between the Parties may assume the following modalities:
-Exchange of specialists, professionals, researchers and university professors.
-Studies and research.
-Reception of Experts.
-Training and internships in institutions of recognized prestige and level of excellence.
-Exchange of scientific and technological information.
-Grant of scholarships for professional specialization studies and intermediate technical training studies.
-Consulting services station.
-Organization of seminars, workshops, courses and conferences.
-Comprehensive projects.
-Shipment of equipment and material needed for the execution of specific projects.
-Any other cooperative activity that is agreed between the Parties.
ARTICLE 6o. AGREEMENT SCOPE, OPERATION, AND INSTRUMENTATION.
1. The Parties shall establish a Joint Technical and Scientific Cooperation Commission, consisting of the entities responsible referred to in Article 2or other representatives and experts that the institutions consider necessary.
the Joint Commission will be chaired by the Directorate General of International Cooperation of the Ministry of Foreign Affairs in conjunction with the Colombian Agency for International Cooperation, ACCI, in the case of Colombia and the Ministry of Foreign Affairs. Foreign relations, in the case of Ecuador.
2. The specific projects will be identified and prepared in accordance with the procedures established in each country and will be presented in the Framework of the Joint Cooperation Committee.
3. The Joint Committee shall fulfil the following tasks:
-Analyze and determine the priority fields, in which specific technical, scientific cooperation programmes and projects can be carried out;
-Propose and coordinate concrete activities, projects and actions in relation to the objectives of this Convention and to define the means necessary for its implementation and evaluation;
-Identify new sectors and areas of cooperation;
-Find appropriate means to prevent difficulties that may arise in the fields covered by this Convention;
-Follow, monitor and evaluate activities and make recommendations and modifications necessary to ensure compliance with the proposed objectives;
-Encourage the implementation of the results achieved in the course of cooperation;
-Report to the Parties on the recommendations for the expansion of exchanges and the diversification of cooperation;
-Define and approve a biennial work program that includes specific projects, implementing agents, and sources of funding.
4. In order to review bilateral cooperation and to prepare the Joint Committees, follow-up and evaluation meetings will be held annually. These meetings will be review and evaluation exercises, which will be held in the Republic of Colombia and the Republic of Ecuador, separately. The Monitoring and Evaluation Meetings will be attended by:
-The representatives of the Ministry of Foreign Affairs, Directorate General of International Cooperation, the Colombian Agency for International Cooperation, ACCI, and the Colombian technical institutions and representatives of the Embassy of the Republic of Ecuador, in Santa Fe de Bogota, of a party;
-The representatives of the Ministry of Foreign Affairs, the Ecuadorian Agency of External Cooperation and other public entities that the Ecuadorian side considers convenient and the representatives of the Embassy of the Republic of Colombia Quito;
-The results of those Evaluation and Follow-up Meetings will be collected in a Minutes and will be exchanged, through diplomatic channels, to serve as an instrument of coordination for the preparation of the Joint Committees.
5. The Joint Committee will meet every two years in turn, in the Republic of Colombia and in the Republic of Ecuador.
Without prejudice to the foregoing paragraph, the Parties may convene extraordinary meetings of the Joint Committee, by mutual agreement and when deemed necessary.
ARTICLE 7o. INFORMATION EXCHANGE. Both Parties shall take the necessary measures to ensure that the technical experiences and knowledge acquired as a result of bilateral cooperation referred to in Articles 1or 5or contribute to the economic and social development of their respective countries.
Regarding the exchange of scientific and technological information obtained as a result of joint research projects, the laws and other provisions in force in both States, as well as the respective commitments, will be observed. and rights and obligations to be agreed in relation to third parties. The Parties may also point out, where appropriate, restrictions on their dissemination,
Research projects undertaken jointly by the Parties shall comply with the legal provisions on intellectual property referred to in the respective national laws.
ARTICLE 8o. INSTRUMENTS AND MEANS FOR THE IMPLEMENTATION OF COOPERATION. In order to facilitate the achievement of the objectives of the cooperation provided for in this Convention, each Party may conclude Complementary Conventions without prejudice to the provisions of this Convention. of the provisions of Article 2or of this Convention.
In this Supplementary Convention the executing entities of each project will be appointed.
ARTICLE 9o. OF EXPERTS, IMPEDIMENTS, PRIVILEGES AND IMMUNITIES. Staff who are officially involved in cooperation projects shall be subject to the provisions of this Convention and shall not be engaged in any activity other than their functions, or to receive remuneration outside the provisions of the provisions, without prior authorisation from both Parties.
The Parties shall grant to the technical or technical officials sent by the Government of either Party, within the framework of this Convention, not to be nationals or foreigners residing in the country, in addition to privileges and exemptions. for officials or experts, respectively, contains the United Nations Convention on Privileges and Immunities 13 February 1946, the following facilities:
(a) obtaining the corresponding visa for the official, expert or technician and the members of his family who are under his direct dependence and who live with him for the term of his mission, which can be extended for a reasonable period of time, make appropriate arrangements for your departure from the country;
(b) Identity document referring to the special protection and support granted to them by the Government of the receiving State;
c) Waiver of the payment of customs tax for the income and departure of the country of domestic menaje. The equipment and material necessary for the implementation of the projects shall also be exempt from such tax.
ARTICLE 10. SETTLEMENT OF DISPUTES. Any difference between the Contracting Parties concerning the interpretation or execution of this Convention shall be resolved by diplomatic means,
ARTICLE 11. ENTRY INTO FORCE. This Convention shall enter into force on the date of receipt of the last notification by which the Parties communicate, through diplomatic channels, that their respective constitutional requirements for this purpose have been been met.
ARTICLE 12. DURATION AND TERMINATION. This Convention shall be valid for five years, renewable automatically for similar periods, unless one of the Parties notifies the other, by a Diplomatic Note and with an advance of no less than six months his intention to give it finalized.
The termination of this Convention shall not affect the validity or execution of the agreed programmes, projects or activities, which shall continue until their completion, unless the parties agree otherwise.
ARTICLE 13. AMENDMENTS AND AMENDMENTS. This Convention may be amended or extended by mutual written agreement of the Contracting Parties; the agreed amendments or extensions shall enter into force after the same formalities as have been completed for the entry into force. in force of this Instrument, i.e. compliance with the internal constitutional and legal requirements.
With the entry into force of this Convention, the Basic Convention of Scientific and Technical Cooperation signed in the city of Quito, between the Government of the Republic of Colombia and the Government of the Republic of Ecuador, is replaced, October 1972.
Made in the city of Santa Fe de Bogota, D.C., at twenty (20) days of the month of October of a thousand nine hundred and ninety-nine (1999), in two original copies, both texts being equally authentic.
By the Government of the Republic of Colombia,
GUILLERMO FERNANDEZ DE SOTO
Minister of Foreign Affairs
By the Government of the Republic of Ecuador,
BENJAMIN ORTIZ BRENNAN
Minister of Foreign Affairs
The undersigned Head of the Legal Office of the Ministry of Foreign Affairs,
Note:
That the present reproduction is faithful copy taken from the original text of the "Convention of Technical and Scientific Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Ecuador", signed in Santa Fe de Bogota, D. C., the October 20, 1999, a document that rests in the archives of the Legal Office of this Ministry.
Dada en Santa Fe de Bogotá, D. C., the first (1o.) of February two thousand (2000).
HECTOR ADOLFO SYNTURA VARELA
The Head of the Legal Office
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, D. C., November 25, 1999.
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ANDRES PASTRANA ARANGO
(FDO.) MARIA FERNANDA CAMPO SAAVEDRA
The Deputy Minister of Foreign Affairs, commissioned
of the duties of the Minister's Office,
DECRETA:
ARTICLE 1o. Approve the "Agreement of Technical and Scientific Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Ecuador", made in Santa Fe de Bogota, D.C., on October 20, 1999.
ARTICLE 2o. In accordance with the provisions of Article 1o. of Law 7a. In 1944, the "Agreement of Technical and Scientific Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Ecuador", made in Santa Fe de Bogota, D.C., on October 20, 1999, which was href="ley_0641_2001.html#1"> 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 honorable House of Representative,
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., at 5 January 2001.
ANDRES PASTRANA ARANGO
GUILLERMO FERNANDEZ DE SOTO
The Foreign Minister