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Act 894 2004

Original Language Title: LEY 894 de 2004

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894 OF 2004

(July 21)

Official Journal No. 45.618 of 23 July 2004

PUBLIC POWER-LEGISLATIVE BRANCH

By means of which the "Agreement between the Government of the Republic of Ecuador and the Government of the Republic of Colombia on Fairs and Border Events", signed in the city of Quito, the twenty-nine (29) of September, is approved. of the year two thousand (2000).

Vigency Notes Summary

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the Agreement between the Government of the Republic of Ecuador and the Government of the Republic of Colombia on Fairs and Border Events, signed in the city of Quito, on 29 September of the year two thousand (2000), which to the letter reads:

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

2003 LAW 211 PROJECT

By means of which the "Agreement between the Government of the Republic of Ecuador and the Government of the Republic of Colombia on Fairs and Border Events", signed in the city of Quito, the twenty-nine (29) of September of the year two thousand (2000).

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the Agreement between the Government of the Republic of Ecuador and the Government of the Republic of Colombia on Fairs and Border Events, signed in the city of Quito, on 29 September of the year two thousand (2000), which to the letter reads:

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

" AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ECUADOR AND THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA ON BORDER FAIRS AND EVENTS

Generalities

ARTICLE 1o. This agreement establishes the arrangements for the holding of border fairs and events to be held in the Ecuadorian-Colombian Border Integration Zone.

The scope of this agreement will include the Ecuadorian provinces of Esmeraldas, Carchi, Imbabura, Napo, Sucumbios, Orellana, and Manabi; the Colombian departments of Amazonas, Cauca, Huila, Narino, and Putumayo.

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ARTICLE 2o. The Parties recognize as fairs and border events those activities that aim to contribute to the development of the Border Integration Zone, mainly for the promotion of trade and tourism, which are carried out in accordance with the customs legislation in force in each of the Parties.

CHAPTER I.

OF BORDER FAIRS.

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ARTICLE 3o. For the purposes of this Chapter, it is understood by:

a) Fairgrounds: It is the enclosure whose physical space provides security for the due control of the goods destined for these activities;

b) Sale to the Detal: This is done during the fair in the direct form of the exhibitor to the consumer or final user prior to the fulfillment of the customs rules, the same one that will be done in units or small volumes destined to the consumption of use personal or family, in quantities, classes and amounts to be fixed by the customs authority of each Party;

c) Wholesale sale: This is the one that is carried out during the fair in the direct form of the exhibitor to the consumer or end user and whose goods, due to its characteristics, volume and amount, can only be delivered to the respective buyers to the completion of the fair, after completion of the corresponding nationalization procedure;

d) Fair Sale Document: It is the document that protects the transaction or sale of goods at the fairs and will be issued by the exhibition-seller of the goods. This document will be the invoice or proof of sale, and

e) The exhibitor: It is the natural or legal person who on occasion of the celebration of a fair of binational border character, acquires by contractual link with the administrator, the quality of exhibitor.

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ARTICLE 4. The border fairs are those activities that aim to promote the reciprocal trade of products originating in the territory of the Parties.

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ARTICLE 5o. The border fairs will be authorized by the entity or corresponding official entities, which in the case of Ecuador will be in charge of the Ministry of Foreign Trade, Industrialization and Fisheries; in the case of Colombia, they will be in charge of the Ministry of Foreign Trade and the Directorate of Taxation and National Customs.

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ARTICLE 6o. To perform a border fair the administrator or organizers must meet the following requirements:

(a) Dispose of the corresponding authorization granted by the official entity of the country where the border fair is held;

b) Contar with an internal regulation approved by the corresponding official entity; and

c) Dispose of a properly conditioned enclosed enclosure.

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ARTICLE 7o. The internal rules of border fairs shall contain provisions on the following matters:

a) Denomination, objectives and character of the fair;

b) Administration;

c) Organization: Determination of areas or premises of exhibition, fixing of rates of lease of the "stands" or premises, fixing of the rates of income of the public to the fairgrounds, conditions of participation of the exhibitors, and

d) Security checks and services for exhibitors and public assistants.

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ARTICLE 8. The length of time for border fairs will be determined in each case by the national entity of the country hosting the event, which will not exceed 15 calendar days.

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ARTICLE 9o. They may be organizers of border fairs:

a) Business guilds and legally constituted associations;

(b) Ferial companies incorporated in the host country;

c) Private organizations promoting legally constituted exports;

d) Public entities; and

e) The official representations of both countries.

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ARTICLE 10. The organizers of the border fairs will be responsible for:

a) Request the respective authorization at least three months in advance;

b) Velar by the normal development of the fair;

c) Ensure compliance with laws and regulations as well as the proper implementation of this Agreement;

d) Elaborate the format of the sales document, for transactions within the fairgrounds, in accordance with the Andean regulations and the national legislation of the host country, and

e) Present the report and results of the border fair by attaching the respective economic balance to the official entities referred to in Article 5or, within the 30 calendar days following the date Completion of the fair.

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ARTICLE 11. Natural or legal persons constituted on the territory of any of the Parties may be exhibitors, who will present to the organizers the lists of goods that will lead to the fair, specifying the volume, value, and origin of the fair.

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ARTICLE 12. Exhibiters will be able to temporarily import the following merchandise into the fairgrounds:

(a) Goods originating in any of the Parties, covered by their respective Certificates of Origin, duly issued in accordance with the rules of origin established by the Commission of the Andean Community.

-Products for human consumption in all its forms, accompanied by corresponding health certificates issued by the respective agencies of the country's host country.

-Plants, animals and agricultural products not prohibited or restricted from importing and/or exporting, provided that they are accompanied by their respective official certificates or animal health certificates of the country of origin, complying with the requirements required by the national health protection body.

-Drug and biological products for human and veterinary use.

-Food for animals and pesticides accompanied by their free sales certificates.

The procedure for the entry of the goods shall be that established in accordance with the health rules in force, in accordance with the provisions laid down in the Andean regulations, and

b) The following goods for free use, consumption or distribution inside the fairgrounds:

-Samples with no commercial value.

-Imprisoners, catalogues and other advertising material.

-Materials for the decoration, maintenance and endowment of the pavilions.

-Items intended exclusively for experimental demonstration purposes within the enclosure, which are destroyed or consumed upon such demonstration.

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ARTICLE 13. For the temporary importation of goods, the exhibitors must present to the customs authority of the host country:

(a) Registration or import licence to cover the goods, where appropriate;

b) Commercial Invoice;

c) Knowledge of boarding, transport or air guide, as appropriate;

d) Certificate of Origin, for the goods referred to in literal (a) of article 12;

(e) Health, plant health, animal health or free sales certificate, where appropriate;

f) Packaging list, when it occurs;

g) Exhibitor Constance granted by the fair organizer, and

(h) Other that according to the nature of the goods are of general requirement in the host country.

The exhibitors shall pay or guarantee the payment of the import duties and other taxes corresponding to the total value of the goods to be imported.

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ARTICLE 14. The income of the goods that during the eye inspection or physical recognition would not be allowed to be not in the list of products presented.

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ARTICLE 15. Any merchandise from the other Party that enters the fairgrounds for exhibition and sale, will have its due letterhead indicating the name of the consignee, the name of the border fair and the location where it will be developed.

The entry of such goods shall be carried out only by border crossings, ports and airports authorised by the Parties.

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ARTICLE 16. Once the official entity of the host country has authorized the holding of the fair, they may temporarily enter goods up to 15 calendar days before the date of its inauguration.

The customs authorities shall apply the necessary measures to facilitate the control of the goods.

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ARTICLE 17. At the time of the reissue or re-export of the unsold goods, the settlement of the taxes applicable to the goods sold shall be carried out.

For the purposes set out in this Article and in the last paragraph of Article 13, the customs authorities of the host country shall apply the tariff preferences in force between the Parties.

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ARTICLE 18. For sales to the detal display-sellers will grant buyers the respective sales document.

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ARTICLE 19. Only the removal of the goods from the wholesale sale will be permitted when the border fair has been completed, prior to the payment of the tariff charges and other corresponding taxes of compliance with the Andean regulations and the national legislation of the host country. In this case, the seller will extend the sale document, in accordance with the rules of the country where the fair is held.

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ARTICLE 20. Exhibiters will have up to 15 calendar days counted from the day following the closing date of the border fair, for the final reissue or import of those items. goods destined for the fair which have not been placed on the market. After that period, the goods shall be legally abandoned and national legislation shall apply.

CHAPTER II.

OF BORDER EVENTS.

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ARTICLE 21. Border events are cultural, educational, scientific, artistic, and non-commercial activities that contribute to the development of the Border Integration Zone.

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ARTICLE 22. For the conduct of a border event, authorization is required from the national entity of the country hosting the event. In the case of Ecuador, it is the responsibility of the Ministry of Foreign Trade, Industrialization and Fisheries to authorize the holding of events. In the case of Colombia, it corresponds to the respective municipal mayor's office.

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ARTICLE 23. To perform a border event the administrator or organizers must meet the following requirements:

a) Dispose of the corresponding authorization granted by the official entity of the country where the border fair is held, and

(b) An internal regulation approved by the relevant official entity shall be provided.

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ARTICLE 24. The internal rules of border events shall contain provisions on the following matters:

a) Denomination, objectives, and character of the event;

b) Administration;

c) Organization, determination of areas or premises of presentations or exhibition; fixing of rates of lease of the "stands" or premises, fixing of the rates of income of the public to the venue of the event, of being the case and conditions of participation, and

d) Security checks and services for participants and public assistant.

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ARTICLE 25. The length of time of the border events shall be determined in each case by the national entity of the Country hosting the event, which shall not exceed 15 days of the day.

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ARTICLE 26. They may be organizers of border events:

(a) Cultural, educational, scientific, artistic and sports institutions and associations with legal status;

b) legally constituted guilds and associations;

c) Event companies legally incorporated in the host country;

d) Public entities, and

e) The official representations of both countries.

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ARTICLE 27. The organizers of the border events will be responsible for:

a) Request the respective authorization for at least 30 calendar days in advance;

b) Vellar by the normal event development;

c) Ensure compliance with laws and regulations as well as the proper implementation of this agreement;

d) Grant constances to participants, and

e) Submit the report on the performance and results of the event, within 30 calendar days following the date of its completion, to the competent authority of the host country.

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ARTICLE 28. Goods intended to serve the specific purpose of the event that determines its short stay in the country may be temporarily imported.

For the temporary importation of goods for cultural, educational, scientific, artistic or sporting events, the lodging of a guarantee shall not be required.

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ARTICLE 29. Finished the border event, participants from the other country will re-export the goods and if they become definitive import, they will have to pay the charges corresponding.

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ARTICLE 30. Goods and goods to be imported shall be entered exclusively through the border crossings, ports and airports authorized by the Parties.

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ARTICLE 31. Once the official entity of the host country has authorized the holding of the event, the goods and goods referred to in Article 28, up to 15 calendar days before the date of its inauguration.

The customs authorities shall apply the measures of the case in order to facilitate the control of the goods.

CHAPTER III.

IO PROVISIONS.

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ARTICLE 32. The authorities of migration, customs, police, transit, transportation, agricultural health, tourism, health and culture will provide the necessary facilities for the entry and transit of people, goods, vehicles, ships and aircraft to trade fairs and border events.

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ARTICLE 33. The entry and transit of persons, vehicles, ships and aircraft carrying goods destined for trade fairs or border events shall be governed by the conventions in force on the matter between the Parties, Andean regulations and national law of the host country.

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ARTICLE 34. The customs authority of the host country may extend the period of stay of the goods that entered the trade fairs and border events, for reasons of fortuitous case or force majeure, until when Remove or resolve obstacles or even when they are enabled to return.

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ARTICLE 35. No provision of this Agreement shall be construed as an impediment to the adoption and enforcement of measures for the protection of the national heritage of artistic value, historical, archaeological or cultural of both Parties.

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ARTICLE 36. The Parties may review this Agreement, at the request of any of them, in order to improve their implementation and ensure the achievement of the objectives set out in this Agreement.

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ARTICLE 37. This Agreement shall enter into force on the date of the exchange of the ratifications, and shall have an indefinite validity, unless otherwise expressly provided by any of the Parties. less, three months in advance.

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ARTICLE 38. Leave without effect, as of the date of entry into force of this instrument, the Agreement on the Regime of Fairs and Border Events signed on April 18, 1990.

In faith of which, the Parties subscribe to this Agreement in unity of act, in two copies of identical literal tenor, in the city of Quito, on September 29, 2000.

By the Government of the Republic of Ecuador,

The Minister of Foreign Affairs,

HEINZ MOELLER FREILE.

By the Government of the Republic of Colombia

The Foreign Minister,

GUILLERMO FERNANDEZ DE SOTO ".

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Bogotá, D. C., March 5, 2002.

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

(Fdo.) ANDRES PASTRANA ARANGO

The Minister of Foreign Affairs (Fdo.),

GUILLERMO FERNANDEZ DE SOTO.

DECRETA:

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ARTICLE 1o. Approve the Agreement between the Government of the Republic of Ecuador and the Government of the Republic of Colombia on Fairs and Border Events, signed in the city of Quito, the twenty-nine (29) of September of the year two thousand (2000).

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ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the Agreement between the Government of the Republic of Ecuador and the Government of the Republic of Colombia on Fairs and Events Border, signed in the city of Quito, the twenty-nine (29) of September of the year two thousand (2000), which by article 1 of this law is approved, will force the country from the date on which the international link with respect to it is perfected.

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

Dada en Bogotá, D. C., a los ...

Presented to the honorable Congress of the Republic by the undersigned Ministers of Foreign Affairs and Trade, Industry and Tourism.

The Foreign Minister,

CAROLINA BOAT I SAKSON.

The Minister of Commerce, Industry and Tourism,

JORGE BOTERO ANGLE.

REASON EXPOSURE

Honorable Senators and Representatives:

On behalf of the National Government and in compliance with the provisions of Articles 150 numeral 16 and 189 numeral 2 of the Constitution Policy of the Republic of Colombia, we present to the honorable Congress of the Republic the Draft Law through which the Agreement between the Government of the Republic of Ecuador and the Government of the Republic of Colombia is approved The following are translated excerpts from the Internet versions of Quito El Comercio and Guayaquil El Universo in Spanish on 22 March: September of the year two thousand (2000).

I. PREVIOUS CONSIDERATIONS

One of the main objectives of Colombian foreign policy is the diversification and deepening of its political, economic, cultural, technical, scientific and educational relations in the bilateral and multilateral fields, with the aim of to achieve a broader trade, to achieve a greater international presence, to promote in a real way the insertion of Colombia into the economic, scientific, educational, technical and cultural dynamics, within the framework of international organizations, The Andean Community of Nations and, giving special attention to the different subjects of occupies the bilateral agenda with the bordering countries.

The process of economic integration devised through the Cartagena Agreement seeks primarily for member countries to achieve harmonious and balanced development, accelerate their growth and achieve the formation of a common market.

Likewise, the Cartagena Agreement seeks to reduce external vulnerability and improve the position of member countries in the international economic context, strengthen subregional solidarity and reduce existing differences in development between them.

This process of economic integration aims to go beyond the purely commercial aspects; it also seeks to achieve a persistent improvement in the living standards of the inhabitants of the sub-region. For this reason, all the initiatives that the various countries propose to improve the economic, artistic, sports and cultural expression of their inhabitants are welcome.

One of these initiatives is reflected in the Agreement on Ferries and Border Events, signed by the Colombian and Ecuadorian Governments on September 29, 2000, which, in this opportunity, is submitted to the Republic, since this international instrument seeks to highlight all those activities aimed at contributing to the development of the Colombo-Ecuadorian Border Integration Zone, mainly for the promotion of trade and tourism, establishing favorable conditions for the realization of fairs and other events, such as with regard to the temporary importation of goods from one country to another and their use, consumption or free distribution within the fairgrounds.

II. MAIN ASPECTS COVERED BY THE CONVENTION

According to Article 1o, the scope of the Agreement is limited to the Colombo-Ecuadorian border integration zone, which includes the Ecuadorian provinces of Esmeraldas, Carchi, Imbabura, Napo, Sucumbios, Orellana, and Manabi; and the Colombian departments of Amazonas, Cauca, Huila, Narino, and Putumayo. Its purpose is to contribute to the development of this area to promote trade and tourism (article 2or).

Article 3or deals with a set of definitions, which allows you to establish the scope of the terms used in the instrument and facilitate the execution of the instrument.

In Article 5or, the Parties designate the authorities responsible for issuing the authorization for the conduct of border fairs. Items 6or, 7, or 8or reference the requirements that trade fair administrators or organizers must meet, the content of the regulations of these and the duration of the same, respectively.

In articles 9or 10, it is determined who may be the organizers of the fairs and their responsibility for the development of the fairs.

Items 12 and 13 generally point to the type of goods or products that can be temporarily imported into the fairgrounds, requirements, and procedure for their importation into the territory of the Party where the fair is held, as well as the payment of the import duties for those goods.

As soon as the Agreement enters into force, in light of its 16, 17 and 18articles, the event's host country authorities will apply the measures necessary to facilitate the control of the goods, the clearance of the taxes applicable to those which are the subject of re-export because they have not been sold, and the time limit for the exhibitors to withdraw them from the host territory from the event to the end of the event.

Finally, Chapter II contains provisions concerning the competent authorities of the two countries to authorize the holding of events of a cultural, educational, cient, artistic and sporting character; on the necessary requirements for its implementation, as regards the rules of procedure of the event and the length of time; the persons who may be their organisers and their responsibility for the event; as well as the customs treatment for admission and the departure of goods or equipment necessary for their realization and those that are converted on definitive import.

For the above considerations, the National Government, through the Minister of Foreign Affairs and the Minister of Commerce, Industry and Tourism, requests the honorable National Congress to approve the Agreement between the Government of the Republic of Ecuador and the Government of the Republic of Colombia on Fairs and Border Events, signed in the city of Quito, the twenty-nine (29) September of the year two thousand (2000).

Of the honorable Senators and Representatives,

The Foreign Minister,

CAROLINA BOAT ISAKSON.

The Minister of Commerce, Industry and Tourism,

JORGE BOTERO ANGLE.

1998 Law 424

(January 13)

By which the international conventions signed by Colombia are ordered to follow.

COLOMBIA CONGRESS

DECRETA:

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ARTICLE 1o. The National Government through the Foreign Ministry will submit annually to the Senate and Chamber of Foreign Relations Committees, and within the first thirty days of the the legislative period beginning every July 20, a detailed report on how the existing International Conventions signed by Colombia with other States are being complied with and developed.

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ARTICLE 2o. Each dependency of the National Government charged with implementing the International Treaties of its competence and requiring reciprocity in them, will transfer the relevant information to the Ministry Foreign and East Relations, to the Commissions Seconds.

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ARTICLE 3o. The full text of this law shall be incorporated as an annex to any and all International Conventions that the Minister of Foreign Affairs presents to the Congress.

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ARTICLE 4. This law governs from its enactment.

The President of the honorable Senate of the Republic,

AMYLKAR ACOSTA MEDINA.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

CARLOS SQUIRLA BALLESTEROS.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

PUBLISH AND EXECUTE.

Dada en Santa Fe de Bogota, D. C., on January 13, 1998.

ERNESTO SAMPER PIZANO

The Foreign Minister,

MARIA EMMA MEJIA VELEZ.

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Bogotá, D. C., March 5, 2002

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 Government of the Republic of Ecuador and the Government of the Republic of Colombia on Fairs and Border Events, signed in the city of Quito, the twenty-nine (29) of September of the year two thousand (2000).

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ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the Agreement between the Government of the Republic of Ecuador and the Government of the Republic of Colombia on Fairs and Events Border, signed in the city of Quito, the twenty-nine (29) of September of the year two thousand (2000), which by article 1 of this law is approved, will force the country from the date on which the international link with respect to it is perfected.

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