LAW 674 OF 2001

(July 30)

Official Journal No. 44.503 of 30 July 2001

by means of which the "Cooperation Agreement for the Prevention, Control and Repression of the Washing of Assets derived from any illicit activity between the Government of the Republic of Colombia and the Government of the Republic of Colombia" is approved. Dominican Republic ", done in Santo Domingo, on June 27, 1998.

COLOMBIA CONGRESS

Having regard to the text of the "Cooperation Agreement for the Prevention, Control and Repression of the laundering of assets derived from any illicit activity between the Government of the Republic of Colombia and the Government of the Dominican Republic" made in Santo Sunday, June 27, 1998, which to the letter reads:

(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).

" COOPERATION AGREEMENT FOR THE PREVENTION, CONTROL AND REPRESSION OF THE LAUNDERING OF ASSETS ARISING FROM ANY ILLICIT ACTIVITY BETWEEN THE GOVERNMENT

FROM THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE DOMINICAN REPUBLIC

The Government of the Republic of Colombia and the Government of the Dominican Republic, hereinafter referred to as the Parties;

Aware that asset laundering is a criminal conduct that has acquired an international scope for its characteristics that requires the cooperation of States to address it effectively;

That the transnational nature of this activity requires the adoption of joint actions by the States in order to eradicate them;

Recognizing that an effective way to combat organized crime is to deprive it of the economic returns obtained by its criminal activities;

Convinced of the need to strengthen mutual cooperation to combat the laundering of assets derived from any illicit conduct;

Taking into account the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of December 20, 1988;

In observance of the norms and principles of international law, and of the constitutional norms of each of the Parties,

You have agreed to the following:

ARTICLE I. DEFINITIONS. For the purposes of this Agreement, it is understood by:

1. 'Transaction information' means the information or records that a financial institution carries, as well as the reports it draws up on cash-fund transactions that exceed the amount established by the competent authority of the financial institution; each Party.

2. "Financial Institution": In the Dominican Republic it comprises commercial banks, savings and loans associations, development banks, commercial financial corporations, commercial finance corporations, natural or legal persons engaged in the brokering or brokering securities or securities, exchange agents, exchange of cheques or other types of marketable securities and any other entity which, by the nature of its operations, acts as such under the law in force.

For the purposes of this agreement you will extend your application to any other economic activity related to:

(a) Insurance companies and reinsurers and insurance brokerage;

b) Sale or transfer of real estate or any other property;

c) Casinos and other gaming-related operations.

In the Republic of Colombia it includes credit institutions-banks, financial corporations, savings and housing corporations and commercial finance companies-financial services companies, capitalization companies, cooperative bodies of a higher degree of financial character and any other entity which, by the nature of its operations, acts as such under the law in force.

For the purposes of this Agreement, public market players such as stock exchanges, stock exchange agents, securities independent commissions, investment fund managers, central bank managers of securities securities, securities qualifiers; as well as brokerage houses in the sale of foreign exchange or exchange houses, to savings and credit cooperatives, casinos, gambling houses and gambling, persons engaged in foreign trade activities, insurance and reinsurance undertakings, insurance and reinsurance intermediaries, the measures of the Present Agreement.

As well as the others that the parties determine by mutual agreement by exchange of diplomatic notes.

3. "illicit activity" means any activity defined unequivocally by the law of the Parties as a generator of a criminal sanction.

4. "Goods" means any asset of any kind, body or incorporated, movable or immovable, tangible or intangible, and documents or legal instruments that credit the property or other rights to such assets.

5. "Product of the offence": All either derived or obtained directly or indirectly from the commission of a crime or the equivalent of such property.

6. "Confiscation or Confiscation" means any firm measure taken by a competent court or authority, which results in the extinguishing of the right to domain over assets, products or instruments of the offence of laundering of assets.

7. "Provisional measures" or "Embargo, preventive sequestration or seizure of property": Temporary prohibition to transfer, convert, dispose of or mobilise goods or temporary custody or control of goods, by order issued by an authority competent.

ARTICLE II. SCOPE OF THE AGREEMENT. The Parties undertake to establish a mechanism for cooperation and mutual assistance for the following purposes:

1. To prevent, control and repress the laundering of assets through the activities carried out by the financial institutions, as defined in Article 1. numeral 2. of this Agreement.

2. Prevent, control and repress the laundering of assets through the international marketing of goods, services or technology transfer.

3. Prevent, control and repress the laundering of assets through the physical mobilization of capital, from or to its territorial borders.

ARTICLE III. PREVENTIVE AND CONTROL MEASURES FOR THE FINANCIAL, STOCK MARKET AND OTHER SECTORS.

1. The Parties shall ensure that financial institutions subject to their national laws, retain and report relevant information to each transaction subject to control, and in particular any suspicious transactions made by any of its clients.

2. The Parties shall encourage financial institutions, in accordance with their internal rules, to establish mechanisms of customer knowledge and economic activity, as well as the volume, frequency and characteristics of their transactions. financial.

3. The Parties may consider the establishment of Financial Intelligence Units, the purpose of which shall be to cooperate with the authorities responsible for investigating the operations of the laundering of assets.

4. The Parties shall provide the most extensive technical cooperation, such as exchange of experience, training on the most effective methods and mechanisms to prevent, detect, control, investigate and sanction acts of asset laundering.

ARTICLE IV. MEASURES FOR THE PREVENTION AND CONTROL OF THE INTERNATIONAL MARKETING OF GOODS, SERVICES AND TECHNOLOGY TRANSFER.

1. The Parties shall take appropriate measures to ensure that natural and legal persons cooperate with the authorities, both domestic and foreign, for the prevention of laundering through the international marketing of goods, services and services. transfer of technology, from or to the territory of one of the Parties.

2. The Parties shall exercise special control over the activities of producers and traders of goods, services and technology transfer, which may be used to launder goods or assets of illicit origin, from or to the territory of one of the Parties.

3. The Parties shall establish the necessary controls to ensure that the persons or undertakings which export or import goods, services and technology transfer from or to the territory of one of them adopt appropriate mechanisms for know their clients, as well as to prevent them from making payments with money of illicit origin.

4. The Parties shall take appropriate measures to ensure that undertakings and persons importing or exporting goods, services and technology transfer from or to the territory of one of the Parties immediately report to the authorities. competent parties, any information that may lead to suspect that these activities are being used for the laundering of assets.

5. The trade secret or reserve shall only be enforceable in accordance with the internal legislation of each Party.

6. The Parties shall provide the most extensive technical cooperation on the most effective methods and mechanisms to prevent, detect, control, investigate and punish acts of laundering of assets carried out through international marketing of goods, services and technology transfer.

ARTICLE V. PREVENTION AND CONTROL MEASURES FOR THE PHYSICAL MOBILIZATION OF CAPITAL.

1. The Parties shall take the necessary measures to carry out controls on the mobilisation of cash, travellers ' cheques, payment orders and other means which may be used to transfer resources from the territory of a Party to the territory of the other.

2. The checks referred to in this Article may consist of documentary evidence reflecting the movement of the species described in the numeral 1 of this Article, where their value exceeds the amounts laid down by the authority. competent of each Party, including the date, amount, port or entry point, and the name and identification of the person or persons carrying out the respective operation.

3. The Part is the most extensive technical cooperation on the most effective methods and mechanisms to prevent, detect, control, investigate and sanction the acts of laundering of assets from the physical movement of capital.

ARTICLE VI. CENTRAL AUTHORITIES.

1. Each Party shall designate before the entry into force of this Agreement a Central Authority which is responsible for submitting and receiving the applications constituting the object of this Agreement.

2. To this end the Central Authorities shall communicate directly to each other and shall forward the requests to their competent authorities.

3. Once the Central Authorities have been designated, the Parties may communicate by diplomatic note the modification of that designation.

ARTICLE VII. INTERCHANGE OF INFORMATION.

1. In accordance with the terms of this Agreement, the Parties shall provide assistance for the smooth and secure exchange of financial, exchange and commercial information in order to detect and monitor the alleged operations of washing.

2. For this purpose, direct communication shall be established between the Central Authorities of each State Party in order to obtain and supply such information in accordance with its domestic law.

3. When the Requesting Party requests this type of assistance for the purposes of a judicial investigation, the Central Authorities shall request cooperation from the Competent Authorities to obtain and provide the information requested.

The competent authorities shall be the judicial authorities of both Parties.

ARTICLE VIII. MUTUAL JUDICIAL COOPERATION AND ASSISTANCE.

1. In accordance with the terms of this Agreement, the Parties shall assist each other in the exchange of evidence and conduct of judicial proceedings that may be used in the respective investigations, prosecutions or prosecutions. the offence of laundering of assets. Such assistance shall include, inter alia:

a) Localization and identification of persons and goods or their equivalents;

b) Notification of judicial acts;

c) Issuance of documents and information on financial transactions subject to control;

d) Execution of domestic records and judicial inspections;

e) Reception of testimonials and execution of expertise;

f) Citation and voluntary transfer of persons as witnesses or experts;

g) Embargo, seizure, confiscation of property and other precautionary measures;

h) Any other form of assistance, provided that the legislation of the Required Party permits.

2. The application for legal assistance shall be made in writing and shall contain:

(a) Name of the competent authority that is responsible for the investigation or the judicial procedure;

b) Purpose of the request and description of the assistance requested;

c) A brief summary of the matter being investigated or rinsed, attaching the text of the relevant legal provisions;

d) Detail and foundation of any special procedure that the Requesting Party wishes to be practiced;

e) Term within which the Requesting Party wants the request to be fulfilled;

(f) If applicable, the identity, nationality, residence or address of the person to be summoned or notified, if known, and the relationship that such person has with the investigation or process;

g) If applicable, the identity, nationality and residence or domicile of the person who is cited for the execution of evidence, if known;

h) The information available regarding the transactions that constitute the subject matter of the request for assistance, including, if the number of the account, amount, movement and average balance of the account, the name of the holder, the name and the name of the holder, and the location of the financial institution participating in the transaction and the date on which it took place.

3. Witnesses or experts of any nationality, who, on the basis of a summons, appear before the judicial authorities of the Requesting Party, may not be prosecuted, detained or subjected to any other restriction of their personal freedom in the territory of that Party by facts or convictions prior to its departure from the territory of the Required Party.

The warranty provided for in this Article shall cease when the witness or the person called to appear, having had the opportunity to leave the territory of the Requesting Party for fifteen (15) consecutive days, once his presence was no longer required by the judicial authorities, had remained in that territory, or had entered the territory again, after having abandoned it.

4. In case of urgency and if the legislation of the Redeemed Party permits, the request for assistance may be made via facsimile, telex or other equivalent means, and the original must be sent within fifteen (15) days.

5. The assistance shall be provided even if the fact that the Requesting Party is proceeding is not considered to be a crime for the Laundering of Assets by the law of the Redeemed Party.

However, for the execution of judicial inspections, requisitions, records and precautionary or definitive measures on goods, the assistance shall be provided only if the legislation of the Replaced Party provides for the crime of the Lavado of Assets made by which the applicant Party is based.

6. The competent authority of the Redeemed Party may defer compliance or condition a request for legal assistance if it considers that it hinders any ongoing investigation or judicial proceeding in that State.

7. The Requested Party may refuse the request for judicial assistance when it is contrary to its legal order, impedes a criminal action or process in progress or when it affects public order, sovereignty, national security or interests. fundamental public in this area. Such refusal shall be informed to the Requesting State by reasoned letter.

8. The Requesting Party may not use for any purpose other than that stated in the request for assistance, evidence or information obtained as a result of the request.

9. Expenditure incurred in the implementation of a request for assistance shall be borne by the Party, unless the Parties agree otherwise. Where substantial or extraordinary expenditure is required for this purpose, they shall be borne by the Requesting Party.

10. This Article shall be applied in a coordinated manner with other Agreements that the Parties may have on the matter.

ARTICLE IX. BANK RESERVE.

1. The Parties may not invoke banking secrecy in order to refuse to provide mutual legal assistance under this Agreement.

2. The Parties undertake not to use the information protected by the banking secrecy obtained under this Agreement for any purpose other than the content of the request for assistance.

ARTICLE X. PROVISIONAL MEASURES ON GOODS.

1. The competent authority of a Party, through the Central Authorities, may request the identification and/or adoption of provisional measures, on the instrument or proceeds of a crime, which are located in the territory of the the other Party.

When it comes to the identification of the proceeds of the crime, the Required Party will report the search result.

2. Once the proceeds of the crime have been identified, or in the case of the instrument of the offence, at the request of the Requesting Party, the Replaced Party, to the extent that its domestic law permits it to adopt the corresponding provisional measures on such goods.

3. A requirement under the preceding number must include:

a) A copy of the interim measure;

b) A summary of the facts of the case, including a description of the offence, where and when it was committed and a reference to the relevant legal provisions;

(c) Description of the goods in respect of which the provisional measure is intended to be carried out and its commercial value and its relation to the person against which it was initiated;

(d) An estimate of the sum to which the provisional measure is intended to be applied and the basis for the calculation of the measure.

ARTICLE XI. MEASURE OF CONFISCATION OR CONFISCATION OF PROPERTY. The Parties, in accordance with their domestic law, may cooperate in the enforcement of definitive measures on property, linked to the commission of an unlawful act in any of the Parts.

The Parties to the provisions of Article 5 of the United Nations Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances, of 20 December 1988, may agree on mechanisms to share goods seized or confiscated.

ARTICLE XII. PROTECTION OF THIRD-PARTY RIGHTS. The provisions of this Agreement shall not be construed as prejudice to the rights of third parties in good faith.

ARTICLE XIII. LEGALISATION OF DOCUMENTS AND CERTIFICATES. Documents from one of the Parties, which must be submitted in the territory of the other Party, which are processed through the Central Authorities, shall not require legalisation or any other analogous formality.

ARTICLE XIV. RELATIONSHIP TO OTHER CONVENTIONS AND AGREEMENTS. This Agreement shall not affect the rights and obligations arising from bilateral or multilateral agreements and agreements in force between the Parties.

ARTICLE XV. DISPUTE RESOLUTION, COMPLAINT AND ENTRY INTO FORCE.

1. Any doubt arising from an application will be resolved by consultation between the Central Authorities.

Any dispute arising out of the interpretation or application of this Agreement shall be resolved by the Parties through diplomatic channels and through the means of settlement of disputes established in international law.

2. This Agreement may be denounced by either Party by notification to it, or by diplomatic means. Its validity shall cease at six (6) months of the date of receipt of such notification. Requests for assistance made within this term, will be addressed by the Required Party.

3. This Agreement shall enter into force at thirty (30) days from the date of receipt of the last diplomatic note in which the Parties communicate compliance with the procedures required by their respective laws. constitutional.

In faith of which, the undersigned, duly authorized by their respective Governments, subscribe to this Agreement.

Made in Santo Domingo, Dominican Republic at twenty-seven (27) days of June 1998, in two copies in Spanish language, both texts equally valid and authentic.

By the Government of the Republic of Colombia,

The Foreign Minister,

Camilo Reyes Rodriguez.

By the Government of the Dominican Republic,

Secretary of State for Foreign Affairs,

Eduardo Latorre. "

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Santa Fe de Bogota, D. C., July 28, 1999.

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

(Fdo.) ANDRES PASTRANA ARANGO

The Deputy Minister of Foreign Affairs, in charge of the functions of the Minister's office,

(Fdo.) Maria Fernanda Campo Saavedra

DECRETA:

ARTICLE 1o. Approve the " Cooperation Agreement for the Prevention, Control and Repression of the Laundering of Assets derived from any illicit activity between the Government of the Republic of Colombia and the Government of the Dominican Republic ", made in Santo Domingo on June 27, 1998.

ARTICLE 2o. Pursuant to Article 10 of Law 7a of 1944, the " Cooperation Agreement for the Prevention, Control and Suppression of the Washing of Assets Derived From Any Illicit Activity between the Government of the Republic of Colombia and the Government of the Dominican Republic ", made in Santo Domingo on June 27, 1998, which, by the first article of this law, is approved, will force the country from the date on which the international link with respect to the same.

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., on July 30, 2001.

ANDRES PASTRANA ARANGO

The Foreign Minister,

GUILLERMO FERNANDEZ DE SOTO.

The Minister of Justice and Law,

ROMULO GONZALEZ TRUJILLO.