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Act 898 2004

Original Language Title: LEY 898 de 2004

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898 OF 2004

(July 21)

Official Journal No. 45.618 of 23 July 2004

PUBLIC POWER-LEGISLATIVE BRANCH

By means of which the "Inter-American Convention against Terrorism" is approved, signed in the city of Bridgetown, Barbados, the three (3) of June two thousand two (2002), in the Thirty-second Regular Session of the General Assembly of the Organization of American States.

Vigency Notes Summary

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the Inter-American Convention against Terrorism, signed in the city of Bridgetown, Barbados, on three (3) June of two thousand two (2002), at the 30th Regular Session of the General Assembly of the Organization of American States, which to the letter says:

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

2003 LAW PROJECT 206 SENT

By means of which the Inter-American Convention against Terrorism is approved, signed in the city of Bridgetown, Barbados, the three (3) of June two thousand two (2002), in the Thirty-second Regular Session of the General Assembly of the Organization of American States.

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the Inter-American Convention against Terrorism, signed in the city of Bridgetown, Barbados, on three (3) June of two thousand two (2002), at the 30th Regular Session of the General Assembly of the Organization of American States, which to the letter says:

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

INTER-AMERICAN CONVENTION AGAINST TERRORISM INTERAMERICAN CONVENTION AGAINST TERRORISM CONVINÇÃO INTERAMERICANA CONTRA O TERRORISM CONVENTION INTERAMÉRICAINE CONTRE LE TERRORISME

" INTER-AMERICAN CONVENTION AGAINST TERRORISM

THE STATES PART IN THIS CONVENTION,

BEARING IN MIND the purposes and principles of the Charter of the Organization of American States and the Charter of the United Nations;

CONSIDERING that terrorism constitutes a serious threat to democratic values and to international peace and security and is a cause of deep concern for all Member States;

REAFFIRMING the need to adopt effective measures in the inter-American system to prevent, punish, and eliminate terrorism through broader cooperation;

RECOGNISING that serious economic damage to states that may result from terrorist acts are one of the factors that underline the need for cooperation and urgent efforts to eradicate terrorism;

REAFFIRMING the commitment of States to prevent, combat, punish and eliminate terrorism; and

TAKING INTO ACCOUNT resolution RC.23/RES. 1/01 rev. 1 corr. 1, "Strengthening hemispheric cooperation to prevent, combat, and eliminate terrorism," adopted at the Twenty-Third Meeting of Consultation of Foreign Ministers,

AGREED THE FOLLOWING:

ARTICLE 1o. OBJECT AND PURPOSE.

This Convention aims to prevent, punish and eliminate terrorism. To this end, the States Parties undertake to take the necessary measures and to strengthen cooperation between them, in accordance with the provisions of this Convention.

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ARTICLE 2o. APPLICABLE INTERNATIONAL INSTRUMENTS.

1. For the purposes of this Convention, "crime" means those established in the following international instruments:

(a) Convention for the Suppression of Illicit Aircraft Seizure, signed at The Hague on 16 December 1970;

(b) Convention for the Suppression of Illicit Acts against the Security of Civil Aviation, signed in Montreal on 23 September 1971.

(c) Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, approved by the United Nations General Assembly on 14 December 1973;

(d) International Convention against the taking of hostages, adopted by the United Nations General Assembly on 17 December 1979;

(e) Conventions on the physical protection of nuclear materials, signed in Vienna on 3 March 1980;

f) Protocol on the repression of unlawful acts of violence at airports providing services to international civil aviation, complementary to the Convention for the Suppression of Illicit Acts against the Security of Civil Aviation, signed in Montreal on 24 February 1988;

g) Convention for the Suppression of Illicit Acts against the Safety of Maritime Navigation, done at Rome on 10 March 1988;

(h) Protocol for the repression of unlawful acts against the security of fixed platforms located on the continental shelf, made in Rome on 10 March 1988;

(i) International Convention for the Suppression of Terrorist Bombings, Approved by the General Assembly of the United Nations on 15 December 1997;

(j) International Convention for the Suppression of the Financing of Terrorism, approved by the United Nations General Assembly on 9 December 1999.

2. When depositing its instrument of ratification to this Convention, the State which is not part of one or more of the international instruments listed in paragraph 1 of this Article may declare that, in the application of this Convention to that State Party shall not be deemed to be included in that paragraph. The declaration shall cease in effect if the instrument enters into force for that State Party, which shall notify the depositary of this fact.

3. Where a State Party ceases to be a party to one of the international instruments listed in paragraph 1 of this Article, it may make a statement in respect of that instrument, as provided for in paragraph 2 of this Article.

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ARTICLE 3o. INTERNAL MEASURES.

Each State Party, in accordance with its constitutional provisions, shall endeavour to be part of the international instruments listed in Article 2or of which it is not yet a party and to adopt the measures necessary for the effective implementation of these measures, including the establishment in their domestic law of penalties for the offences referred to therein.

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ARTICLE 4. MEASURES TO PREVENT, COMBAT AND ERADICATE TERRORIST FINANCING.

1. Each State Party shall, to the extent that it has not done so, establish a legal and administrative regime to prevent, combat and eradicate the financing of terrorism and to achieve effective international cooperation in this respect. must include:

(a) A broad internal regulatory and supervisory regime for banc, other financial institutions and other entities considered particularly susceptible to being used to finance terrorist activities. This scheme will highlight requirements relating to customer identification, record keeping and communications of suspicious or unusual transactions;

(b) Measures for the detection and surveillance of cross-border movements of cash, bearer-negotiable instruments and other relevant securities movements. These measures shall be subject to safeguards to ensure the proper use of information and shall not prevent the legitimate movement of capital;

(c) Measures to ensure that the competent authorities engaged in combating crimes established in the international instruments listed in Article 2o have the capacity to cooperate and exchange information at national and international levels; in accordance with the conditions laid down in domestic law. To this end, each State Party shall establish and maintain a financial intelligence unit serving as a national center for the collection, analysis and dissemination of relevant information on money laundering and terrorist financing. Each State Party shall inform the Secretary-General of the Organization of American States of the designated authority as its financial intelligence unit.

2. For the purposes of applying paragraph 1 of this Article, States Parties shall use as guidelines the recommendations developed by regional or international specialised entities, in particular the Financial Action Group. International (FATF) and, where appropriate, the Inter-American Drug Abuse Control Commission (CICAD), the Caribbean Financial Action Group (GAFIC) and the South American Financial Action Task Force (GAFISUD).

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ARTICLE 5o. SEIZURE AND CONFISCATION OF FUNDS OR OTHER ASSETS.

1. Each State Party shall, in accordance with the procedures laid down in its domestic law, take the necessary measures to identify, freeze, seize and, where appropriate, confiscate the funds or other goods constituting the a product of the commission or intended to finance or have provided or financed the commission of any of the offences established in the international instruments listed in Article 2or of the Convention.

2. The measures referred to in paragraph 1 shall be applicable in respect of offences committed both within and outside the jurisdiction of the State Party.

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ARTICLE 6o. MONEY LAUNDERING DETERMINANTS.

1. Each State Party shall take the necessary measures to ensure that its criminal law relating to the crime of money laundering includes crimes established in the international instruments listed as determining crimes of money laundering. in article 2or this Convention.

The money laundering determinants referred to in paragraph 1o shall include those committed both within and outside the jurisdiction of the State Party.

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ARTICLE 7o. BORDER COOPERATION.

1. Member States shall, in accordance with their respective internal legal and administrative arrangements, promote cooperation and exchange of information in order to improve border and customs control measures to detect and prevent the international movement of terrorists and the trafficking of arms or other materials intended to support terrorist activities.

2. In this regard, they shall promote cooperation and exchange of information to improve their controls on the issuance of travel and identity documents and to prevent their falsification, illegal alteration or fraudulent use.

3. Such measures shall be carried out without prejudice to international commitments applicable to the free movement of persons and to trade facilitation.

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ARTICLE 8o. COOPERATION BETWEEN COMPETENT LAW ENFORCEMENT AUTHORITIES.

States Parties will cooperate closely, in accordance with their respective internal legal and administrative systems, in order to strengthen effective law enforcement and to combat crimes established in international instruments. listed in article 2or. In this respect, they shall establish and improve, if necessary, the channels of communication between their competent authorities in order to facilitate the secure and rapid exchange of information on all aspects of the offences established in the international instruments listed in Article 2 of this Convention.

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ARTICLE 9o. MUTUAL LEGAL ASSISTANCE.

States Parties shall provide each other with the broadest and most expeditious legal assistance in relation to the prevention, investigation and prosecution of crimes established in the international instruments listed in Article 2or processes related to them, in accordance with applicable international agreements. In the absence of such agreements, States Parties shall provide such assistance expeditiously in accordance with their domestic law.

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ARTICLE 10. TRANSFER OF PERSONS IN CUSTODY.

1. The person who is being detained or serving time in the territory of a State Party and whose presence is requested in another State Party for the purpose of providing evidence or identification or to assist in obtaining necessary evidence for the investigation or prosecution of offences established in the international instruments listed in Article 2or may be transferred if the following conditions are met:

a) The person freely gives their consent, once informed, and

b) Both States agree, subject to the conditions they deem appropriate;

2. For the purposes of this Article:

(a) The State to which the person is transferred shall be authorised and obliged to keep it in detention, unless the State from which it was transferred requests or otherwise authorizes;

(b) The State to which the person is transferred shall without delay comply with its obligation to return it to the custody of the State from which it was transferred as agreed in advance or otherwise by the competent authorities of both States;

(c) The State to which the person is transferred may not require the State from which it was transferred to initiate extradition procedures for its return;

(d) Account shall be taken of the time taken by the person in the State to whom he has been transferred for the purpose of discounting the penalty to be fulfilled in the State from which he was transferred.

3. Unless the State Party from which a person is to be transferred in accordance with this Article agrees, that person, regardless of nationality, shall not be prosecuted, detained or subjected to any other restrictions of his or her nationality. personal freedom in the territory of the State to which it is transferred in relation to acts or convictions prior to its departure from the territory of the State from which it was transferred.

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ARTICLE 11. INAPPLICABILITY OF THE POLITICAL CRIME EXCEPTION.

For purposes of extradition or mutual legal assistance, none of the crimes established in the international instruments listed in Article 2or shall be deemed to be a political offence or a related offence with a political offence or a crime inspired by political motives. Accordingly, an application for extradition or mutual legal assistance may not be refused for the sole reason that it relates to a political offence or to a related offence with a political offence or an offence inspired by political motives.

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ARTICLE 12. DENIAL OF REFUGEE STATUS.

Each State Party shall take the appropriate measures, in accordance with the relevant provisions of domestic and international law, to ensure that the refugee status is not recognized to the persons in respect of which the reasonable grounds to consider that they have committed a crime established in the international instruments listed in Article 2o of this Convention.

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ARTICLE 13. REFUSAL OF ASYLUM.

Each State Party shall take the appropriate measures, in accordance with the relevant provisions of domestic and international law, in order to ensure that asylum is not granted to persons for whom there are reasonable grounds for consider that they have committed a crime established in the international instruments listed in Article 2or of this Convention.

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ARTICLE 14. NON-DISCRIMINATION.

None of the provisions of this Convention shall be construed as the imposition of an obligation to provide mutual legal assistance if the requested State Party has reasonable grounds to believe that the request has been made with the purpose of prosecuting or punishing a person on the grounds of race, religion, nationality, ethnic origin or political opinion or whether the application would cause injury to the situation of that person for any of these reasons.

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ARTICLE 15. HUMAN RIGHTS.

1. The measures taken by the States Parties in accordance with this Convention shall be carried out with full respect for the rule of law, human rights and fundamental freedoms.

2. Nothing in this Convention shall be construed as undermining other rights and obligations of States and persons in accordance with international law in particular the Charter of the United Nations, the Charter of the Organization of American States, international humanitarian law, international human rights law and international refugee law.

3. Any person who is in detention or in respect of which any measure is taken or is in accordance with this Convention shall be guaranteed a fair treatment, including the enjoyment of all rights and guarantees in accordance with the Convention. legislation of the State in whose territory it is located and the relevant provisions of international law.

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ARTICLE 16. Training.

1. States Parties shall promote technical cooperation and training programs at national, bilateral, subregional, and regional levels and within the framework of the Organization of American States to strengthen the national institutions responsible for compliance with the obligations arising out of this Convention.

2. Likewise, the States Parties shall promote, as appropriate, technical cooperation and training programs with other regional and international organizations that carry out activities related to the purposes of this Convention.

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ARTICLE 17. COOPERATION THROUGH THE ORGANIZATION OF AMERICAN STATES.

States Parties shall foster the widest cooperation in the field of the relevant organs of the Organization of American States, including the Inter-American Committee against Terrorism (CICTE), in matters relating to the subject and the purposes of this Convention.

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ARTICLE 18. QUERY BETWEEN THE PARTS.

1. Member States shall hold regular consultation meetings, as appropriate, with a view to facilitating:

a) The full implementation of this Convention, including the consideration of matters of interest related to it identified by the States Parties; and

b) The exchange of information and experiences on effective ways and methods to prevent, detect, investigate and punish terrorism.

2. The Secretary-General shall convene a consultation meeting of the States Parties after receiving the tenth instrument of ratification. Without prejudice to this, the States Parties may carry out the consultations they consider appropriate.

3. States Parties may request the relevant organs of the Organization of American States, including CICTE, to facilitate the consultations referred to in the preceding paragraphs and to provide other forms of assistance in respect of the application. of this Convention.

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ARTICLE 19. EXERCISE OF JURISDICTION.

Nothing in this Convention shall entitle a State Party to exercise its jurisdiction in the territory of another State Party or to perform in the functions that are exclusively reserved for the authorities of that other State. Part by its internal law.

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ARTICLE 20. DEPOSITARY.

The original instrument of this Convention, whose texts in Spanish, French, English and Portuguese are equally authentic, shall be deposited with the General Secretariat of the Organization of American States.

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ARTICLE 21. SIGNATURE AND RATIFICATION.

1. This Convention is open for signature by all Member States of the Organization of American States.

2. This Convention is subject to ratification by the signatory States in accordance with their respective constitutional procedures. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.

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ARTICLE 22. ENTRY INTO FORCE.

1. This Convention shall enter into force on the 30th day from the date on which the sixth instrument of ratification of the Convention has been deposited with the General Secretariat of the Organization of American States.

2. For each State ratifying the Convention after the deposit of the sixth instrument of ratification, the Convention shall enter into force on the thirtieth day after the date on which that State has deposited the relevant instrument.

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ARTICLE 23. COMPLAINT.

1. Any State Party may denounce this Convention by written notification to the Secretary General of the Organization of American States. The complaint shall take effect one year after the date on which the notification has been received by the Secretary-General of the Organization.

2. Such a complaint shall not affect any request for information or assistance made during the period of validity of the Convention for the reporting State.

Organization of American States

Washington, D. C.

General Secretariat

I certify that the attached document, is a faithful and accurate copy of the authentic texts in Spanish, English, Portuguese and French of the Inter-American Convention against Terrorism, signed in the city of Bridgetown, Barbados, on June 3, 2002, in Thirty-second Regular Session of the General Assembly, and that the signed texts of these originals are deposited with the General Secretariat of the Organization of American States. This certification is issued at the request of the Permanent Mission of Colombia to the Organization of American States.

June 18, 2002.

Jean Michel Arrighi

Director

Department of International Law.

District of Columbia: SS

Subscribed and Swon to before me this 18 day of June 2002.

Fanny Morejon,

Notary Public.

My Commission Expires 01/31/2004 ".

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Bogotá, D. C., July 30, 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 Inter-American Convention against Terrorism, signed in the city of Bridgetown, Barbados, the three (3) of June two thousand two (2002), in the Thirty-second Ordinary Period of Sessions of the General Assembly of the Organization of American States.

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ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the Inter-American Convention against Terrorism, signed in the city of Bridgetown, Barbados, the three (3) of June of two thousand two, (2002), in the thirty-second regular session of the General Assembly of the Organization of American States, which by article 1o of this law is approved, will force the country from the date on which the link is perfected international regarding the same.

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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 the Interior and Justice and Foreign Affairs.

The Minister of the Interior and Justice,

FERNANDO LONDOÑO HOYOS.

The Foreign Minister,

CAROLINA BOAT ISAKSON.

REASON EXPOSURE

Honorable Senators and Representatives:

On behalf of the National Government and in compliance with articles 150 numeral 16 and 189 numeral 2 of the Political Constitution of Colombia, We present to the Honorable Congress of the Republic the Draft Law through which the Inter-American Convention against Terrorism is approved, signed in the city of Bridgetown, Barbados, on June 3, 2002, in the 30th second regular session of the General Assembly of the Organization of American States, making significant progress in the adoption of concrete measures to combat terrorism in the American hemisphere.

The Colombian State is committed to the global campaign to fight international terrorism in all its manifestations and for that reason has been supporting the actions that the international community has judged relevant. undertake in a number of areas. Colombia had a constructive participation in the elaboration of this new multilateral legal instrument of regional character. We are also coordinating with neighbouring countries concrete actions aimed at responding to the challenges of terrorism.

The regrettable events of 11 September 2001 and Resolution 1373 (2001)-approved with our contribution as a member of the Security Council-have forced the National Government to carry out a detailed analysis of the available to address terrorism, finding that this Convention is an additional effort to improve and advance the new and perverse modalities of this crime.

With the approval of this Convention, the OAS is the first international organization to adopt a comprehensive instrument to combat terrorism after September 2001.

Colombian State, in its entirety, is willing to contribute, to the extent of its possibilities, in the worldwide campaign to fight international terrorism. We have pushed forward the thesis of shared responsibility in this fight, as has been done in the past on the issue of the global drug problem.

The adoption of this Convention enriches the policy document entitled "The Road to Peace and the Strategy against Terrorism", presented by the National Government on November 27, 2001. fundamental that are part of our Comprehensive Security Policy.

Generalities

There are multiple efforts that, within the regional framework, have sought to strengthen hemispheric cooperation to prevent, combat, and eliminate terrorism. We find recent records such as the Declaration of Lima to Prevent, Combat and Eliminate Terrorism and the Plan of Action for Hemispheric Cooperation to Prevent, Combat and Eliminate Terrorism, adopted in the framework of the First Inter-American Specialized Conference on Terrorism in Lima, Peru, in April 1996, as well as the Commitment of Mar del Plata, adopted at the Second Inter-American Specialized Conference on Terrorism in 1998 and the work of the Committee Inter-American Counter-Terrorism (CICTE), created by the OAS General Assembly in 1999.

Resolution RC. 23 /RES.1/01 rev. 1 corr. 1 "Strengthening of the Hemispheric Cooperation to Prevent, Combat and Eliminate Terrorism" of the 23rd Meeting of Consultation of the Ministers of Foreign Affairs, held on September 21, 2001, entrusted to the OAS Permanent Council the elaboration of a Draft Inter-American Convention against Terrorism, in which the threat that terrorism represents for democratic values and for international peace and security was once again remembered.

In this context, Colombia participated in the Working Group of the OAS Committee on Juridical and Political Affairs, in which the final text was negotiated, which was finally adopted by the aforementioned General Assembly.

Of great importance is the existing international legal acquis in the fight against terrorism, both in the ten international instruments listed in Article 2o of the Inter-American Convention against Terrorism, and in the Convention to Prevent and Punish Acts of Terrorism. Configured in crimes against persons and related extortion when these are of international importance, adopted by the General Assembly of the OAS on February 2, 1971; the Convention on Infractions and certain other acts On board aircraft, adopted in Tokyo on 14 September 1963 and the Convention on the marking of plastic explosives for the End of Detection, adopted in Montreal on 1 March 1991.

It is in this context that the adoption, ratification and effective implementation of the Inter-American Convention against Terrorism strengthens and establishes new forms of regional cooperation against terrorism, as well as contributing to development. progressive and the codification of international law.

Major aspects regulated by the Convention

The Convention has a very simple structure and follows the model of the main existing treaties on combating terrorism. It consists of a total of 23 articles, of which 18 are of a substantive nature. These provisions can be distributed as follows:

-Preamble.

-General provisions and applicability (items 1or 3or).

-Measures in the fight against terrorist financing (articles 4or 6or).

-Cooperation, assistance, and training measures (items 7or 11 and 16 to 17).

-Special provisions (items 12 to 15).

-Final provisions (items 18 to 23).

The Convention aims to prevent, punish and eliminate terrorism, as well as strengthen the mechanisms of cooperation between the States Parties.

In your article 2or, the Convention lists as crimes those contained in 10 of the UN Conventions on Terrorismo1. It also directs States to criminalize and penalize in their laws the crimes covered by Article 2or, in accordance with their internal order.

Article 3or states that the States will strive to be part of the international instruments listed in Article 2o, a commitment that Colombia more than meets, as the National Government has presented to the consideration of the honorable Congress of the Republic those treaties of which we are not yet States Party.

However, the State that is not a party to any of these treaties can make a declaration that the Convention does not apply to it, as far as that treaty is concerned. This issue for Colombia is currently innocuous, since it is the will of the State to take part in all the international instruments in the fight against terrorism, for which the respective procedures are being brought forward. to the authorities concerned.

Article 4or provides for the inclusion of specific rules to prevent, combat and eradicate the financing of terrorism and to seek effective cooperation in the field. The rules call for the adoption of customer identification measures, record keeping, suspicious transaction reporting, detection and surveillance of relevant cross-border movements, creation or maintenance of intelligence units. The Financial Action Group of South America (GAFISUD), the Financial Action Group of the Caribbean (GAFIC), and when it is a member of the International Financial Action Group (FATF), the Financial Action Group of South America (GAFISUD). appropriate, the Inter-American Drug Abuse Control Commission (CICAD).

In Article 5or specifically, measures relating to the seizure and confiscation of goods that serve as a medium or are the product of the acts covered by the article 2or, in accordance with the procedures set out in the internal legislations.

Article 6or states that, those crimes contained in Article 2o already mentioned, are included in the internal legislation as crimes that determine the crime of money laundering.

Items 7or, 8, or 9or, refer to cooperation in the border area, to cooperation between competent authorities for the (a) the implementation of the law and mutual legal assistance, respectively, by inviting States Parties to promote cooperation and exchange of information in order to improve border and customs controls, controls on the emission of travel documents and identity, the channels of communication between the respective authorities in order to facilitate the secure and rapid exchange of information and the broad and expeditious legal assistance in relation to the prevention, investigation and prosecution of the offences listed in Article 2or, according to your internal legislation.

Article 10 sets out in detail the procedure for the transfer of persons in custody for the purpose of collaborating with judicial investigations for crimes covered by the Convention, provided that the person freely provides his or her consent, once informed, and both States agree.

It is important to highlight the provisions of Article 11, as it excludes the possibility of invoking as a political or related offence any of the offences of Article 2 of the Convention, for the purposes of extradition or mutual legal assistance.

Articles 12 and 13 provide that States will assess in detail the granting of refugee status and the right of asylum to avoid granting it to persons who may be involved in the commission of offences covered by the Convention.

Article 14 ensures that, in the case of the request for legal assistance, this is not considered to be an imposition, where there are reasonable grounds for believing that the request has been made on grounds of discrimination, as soon as they seek to prosecute or punish a person on the grounds of race, religion, nationality, ethnic origin or political opinion or that the fulfilment of the same causes any kind of harm for any of these reasons.

It is expressly and independently established, in Article 15, that the measures taken by the States Parties to this Convention shall be carried out with full respect for the rule of law, human rights, and fundamental freedoms, as a fundamental criterion for circumscribing the action of States in the fight against terrorism, invoking the Charter of the United Nations and the OAS, international humanitarian law, international law human rights and international refugee law.

The topic of training is included in the provisions of article 16, whose purpose is to strengthen the national institutions responsible for the implementation of the present Convention.

Article 17 enshrines the Inter-American Committee against Terrorism (CICTE) as a body to which hemispheric cooperation will be encouraged, including the one that is channeled through other organs Relevant to the Organization of American States.

The Consultation between the parties, contained in article 18, is established in order to implement this Convention and the exchange of information and experiences, in order to fulfill its aims.

Nothing in the Convention empowers a State Party to exercise its jurisdiction in the territory of another State Party, nor to exercise functions reserved to the authorities of the other State Party, as entered in the Article 19.

Finally, in Article 20 to 23 the so-called "final clauses" of the multilateral international conventions are enshrined. Following the usual wording in this type of provisions, aspects such as that of the depositary (article 20) are regulated; signature and ratification (article 21), entry into force (article 22) and the complaint (article 23).

The Convention shall enter into force on the 30th day from the date on which the sixth instrument of ratification has been deposited and as provided for in Article 22.

Final Considerations

The Convention that is submitted on this occasion to the consideration of the Congress of the Republic constitutes a valuable international legal instrument adopted by the States that are part of our hemisphere, in the framework of the fight against terrorism. It is therefore scarcely understandable that, after the events of 11 September 2001, both the General Assembly and the Permanent Council of the Organization of American States have vehemently insisted on the need for all States are part of the different treaties on terrorism, including the instrument included in this bill.

El Tiempo] It is for this reason that the National Government has decided to submit it on this occasion to the legislative body for its approval, as part of the measures that the Colombian State must take to join the global campaign to combat the phenomenon. international terrorism, in addition to the United Nations Security Council Resolution 1373 (2001). The Government is confident that this important instrument will have the approval of the honorable Legislative Chambers, so that in the near future our country will be able to become part of it, and, preferably, as one of the six countries through which the Convention can enter into force for the Continent.

For the reasons stated, the National Government, through its Interior and Justice and Foreign Affairs Ministers, requests the honorable Congress of the Republic to approve the Inter-American Convention against Terrorism, subscribed in the city of Bridgetown, Barbados, on June 3, 2002, at the thirty-second regular session of the General Assembly of the Organization of American States.

Of the honorable Congressmen,

The Minister of the Interior and Justice,

FERNANDO LONDOÑO HOYOS.

The Foreign Minister,

CAROLINA BOAT ISAKSON.

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 Ministry 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., July 30, 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 Inter-American Convention against Terrorism, signed in the city of Bridgetown, Barbados, on three (3) June of two thousand two (2002), in the thirty-second ordinary period of Sessions of the General Assembly of the Organization of American States.

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ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the Inter-American Convention against Terrorism, signed in the city of Bridgetown, Barbados, the three (3) of June of two thousand two (2002), at the thirty-second regular session of the General Assembly of the Organization of American States, which is approved by Article 1 of this Law, will force the country from the date on which the link is perfected international regarding the same.

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

The President of the honorable Senate of the Republic,

GERMAN VARGAS LLERAS.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

ALONSO ACOSTA OSIO.

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 en Bogotá, D. C., a 21 de julio de 2004.

ALVARO URIBE VELEZ

The Minister of the Interior and Justice,

SABAS PRETELT DE LA VEGA.

The Foreign Minister,

CAROLINA BOAT ISAKSON.

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