Act 942 2005

Original Language Title: LEY 942 de 2005

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ACT 942 OF 2005
(February 8)
Official Gazette No. 45816 of February 8, 2005
Through which the "Tourism Cooperation Agreement is approved between the Government of the Republic of Colombia and the Government of the Republic of Peru ", signed in Bogotá, DC, at twenty (26) days of November, two thousand and two (2002).
THE CONGRESS OF THE REPUBLIC
having regard to the text of the "Agreement on Tourism Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Peru", signed in Bogotá, DC, at twenty (26) days of November, two thousand and two (2002), which reads:
(to be transcri to: photocopy of the full text of that instrument is attached).
BILL NUMBER 208 OF 2004
through which the "Tourism Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Peru", signed in Bogotá is approved , DC, at twenty (26) days of November, two thousand and two (2002).
THE CONGRESS OF THE REPUBLIC
having regard to the text of the "Agreement on Tourism Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Peru", signed in Bogotá, DC, at twenty (26) days of November, two thousand and two (2002), which reads:
(to be transliterated: photocopy of the full text of that instrument is attached).
«
COOPERATION AGREEMENT BETWEEN TOURISM GOVERNMENT OF THE REPUBLIC OF COLOMBIA
AND THE GOVERNMENT OF THE REPUBLIC OF PERU
The Government of the Republic of Colombia and the Government of the Republic of Peru in hereinafter referred to as "the Parties";
Emphasizing its willingness to expand cooperation in a spirit of fairness and support for common interests;
Considering the importance of expanding cooperation in the tourism field and ensuring that it is as fruitful as possible; with the aim of achieving greater and better coordination and integration of efforts by each country in this field.
Convinced of the importance of tourism to achieve better economic and social development and raise the living standards of populations, as well as the advantages that mutual cooperation is for the two countries and wishing to intensify their tourism relations .
Aware that the efforts that both parties made to support each other, will impact favorably on the growth of tourist flows between the two countries and strengthen trade relations between them.
In order to strengthen tourism between the two countries and strengthen integration and mutual knowledge of the culture and lifestyles, the Parties shall promote and will launch tourism cooperation programs in accordance with its objectives and internal tourism policies and economic, technical and financial resources within the limit that marks them domestic law.
Agreed as follows: ARTICLE 1o
. The Parties shall encourage and facilitate the development of programs and projects for tourism cooperation through:
1. Reciprocal technology transfer and technical assistance related to the development of tourism.
2. Exchange of technicians and experts in tourism.
3. Exchange of information and tourist brochures.
4. Design, study and implementation of tourism projects, defining for each specific project commitments and obligations of technical, administrative and financial.
5. business exchanges and negotiations to facilitate the design and marketing of bi-national tourism products, as well as participation in seminars, conferences and fairs.
Article 2.
. The Parties shall encourage their respective tourism experts to exchange technical information and / or documentation in areas such as:
systems, methods, plans and actions for training and / or updating professionals and instructors on technical matters related to tourism.
Evaluation and analysis of environmental and cultural tourism and protection and conservation of natural and cultural resources of interest impacts.
Tourism planning.
Tourism promotion.
Promotion of tourism investments.
Quality and tourist safety.
Archaeological tourism.
Tourism legislation.

ARTICLE 3. The Parties shall exchange information on plans and training actions in tourism, in order to improve the training of its technical staff and specialize contact with tourists.


ARTICLE 4. The Parties agree to cooperate in the training activities of the staff employed in the tourism sector through training, exchange of experts and advisory services.

The 5th ITEM. The Parties shall encourage collaboration in implementing tourism research programs on issues of mutual interest, both through universities and research centers and agencies.

ARTICLE 6o. Parties will be given maximum facilities to the territory of each can carry out tourism promotion campaigns, encouraging the gastronomic, cultural, craft, music, folk festivals and events and exchange.

ARTICLE 7. The Parties shall closely coordinate the necessary actions to increase tourist flows in both countries, granting each other the maximum facilities for entry and stay of tourists in accordance with the laws in force in each country.

Article 8. The Parties shall encourage relevant entities to optimization of air transport services in order to increase tourist flows.

Article 9. The parties make the necessary efforts to provide the financial support required to fulfill the objectives of this agreement.

ARTICLE 10. The conditions of participation of Parties for exchanges to be established on the basis of this Convention shall:
The sending Party bears the costs of international air transport and the Party receiving assumes overhead corresponding to the stay, accommodation, meals and local transportation.
This prior compliance with internal budgetary requirements.

ARTICLE 11. The parties will advance joint programs to prevent sexual tourism, especially with minors.

ARTICLE 12. The Ministry of Economic Development of Colombia, through the Department of Tourism and the Ministry of Foreign Trade and Tourism of Peru, through the Vice Ministry of Tourism, will be responsible for the implementation of this Convention which will develop the following activities:
Supervision, monitoring and analysis of the application of this Convention to promote measures deemed necessary in order to achieve the correct implementation of cooperation between the two Parties.
Identification of priority sectors for specific projects of tourism cooperation.
Definition of tourism cooperation programs.
Evaluation of the results achieved.
Development of an Operational Plan for the implementation of this Convention.

ARTICLE 13. The Agreement Constitution of the Colombo-Peruvian Binational Commission of Tourism, signed in Lima on July 12, 1994, remain in force until the date of entry into force of this Agreement.

ARTICLE 14. Any dispute that may arise between the parties concerning the interpretation or application of this agreement shall be settled through direct negotiations between them. If these negotiations are not successful the dispute shall be submitted to the other means recognized by international law peaceful solution.

ARTICLE 15. This Agreement shall enter into force when the Parties have notified through the usual diplomatic channels compliance with their respective constitutional requirements for validity.

ARTICLE 16. This Agreement shall be valid for a period of five years and may be renewed automatically for equal periods, unless one of the parties terminates it in writing through their respective diplomatic mechanisms and so least three months before the expiration date.
It shall not affect the completion of cooperative actions that are running.

ARTICLE 17. This Agreement may be amended by mutual agreement between the Parties.
ARTICLE 18.
is signed in the city of Bogotá, DC, at twenty (26) days of November, two thousand and two (2002), in duplicate, in Castilian language, both being equally authentic.
For the Government of the Republic of Colombia,
CAROLINA BARCO,
Minister of Foreign Affairs.
For the Government of the Republic of Peru, BLIGHT WAGNER
ALLAN,
Foreign Minister. "
EXECUTIVE BRANCH PUBLIC POWER

PRESIDENCY OF THE REPUBLIC Bogotá, DC, June 20, 2003
Approved.
Submit to the consideration of the honorable National Congress for constitutional purposes.
(FDO.)
The Alvaro Uribe Minister of Foreign Affairs,
(FDO.) CAROLINA Barco Isakson.
DECREES
:

ARTICLE 1o. To approve the "Agreement on Tourism Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Peru", signed in Bogotá, DC, at twenty (26) days of the month of November in the year two thousand and two (2002).
Article 2.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Agreement on Tourism Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Peru", signed in the city of Bogotá, DC, twenty-six (26) days of November, two thousand and two (2002), that article 1 of this law is passed, it will force the country from the date the international link is perfect therefrom.
ARTICLE 3
This law applies from the date of publication.
Given in Bogotá, DC, to ...
honorable Presented to Congress signed by the Ministers of Foreign Affairs and Trade, Industry and Tourism.
The Minister of Foreign Affairs, Carolina Barco Isakson
.
The Minister of Commerce, Industry and Tourism Jorge Humberto Botero
ANGULO. STATEMENT OF MOTIVES

the bill through which the "Tourism Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Republic of Peru" is approved, signed in Bogotá , DC, at twenty (26) days of November, two thousand and two (2002). HONORABLE REPRESENTATIVES AND SENATORS
:
On behalf of the Government and in compliance with the provisions of Articles 150, paragraph 16 and 189, paragraph 2 of the Constitution of the Republic of Colombia, presented for consideration by the honorable Congress Republic the bill through which the "Convention Tourism Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Peru", signed in Bogotá, DC, at twenty-approved (26 ) day of November in the year two thousand and two (2002). PRELIMINARY CONSIDERATIONS

The governments of Colombia and Peru, based on the deep ties of friendship and cooperation that unite them; in order to strengthen common interests, especially to achieve better economic and social development and raise the living conditions of their populations, and aware that the growth of tourist traffic between the two countries will strengthen their trade relations, during the year 2002 started and further progress in negotiations aimed at the conc lusion of an instrument that, in line with current circumstances, establish bases or general conditions for mutual cooperation in the field of tourism and related areas. Thus it was that in November 2002, on the occasion of the official visit to Colombia Mr. Allan Wagner Tizon, Minister of Foreign Affairs of Peru, the Convention today submit for consideration by the honorable Congress was signed.
The global trend to establish more open markets as a result of processes of internationalization and globalization, requires the development of well-planned activities to consult a basic strategy to integrate the physical and spatial planning, market dynamics and technological support tourism.
So, this agreement constitutes an essential instrument to help achieve the goals that the Government has been promoting in international relations and foreign policy that tends to strengthen and consolidate the integration process which serves to increase the industry binational tourism and trade in general; and to enrich the knowledge of their territories landscape, traditions and cultures.
ANALYSIS AND IMPORTANCE OF THE CONVENTION
This Convention Tourism Cooperation seeks greater and better coordination and joint efforts undertaken jointly by the Parties in this field, encouraging active and coordinated participation of the different institutions involved. In this sense, such entities agree on tending to promote and stimulate the development of tourism between the two countries specific programs, by promoting cooperation in various aspects related to this industry and promoting advances in this sector will result in the greatest possible benefit for the tourism industry between the two countries.

This Agreement also allows for a greater understanding of tourism in each country and facilitate technology transfer, technical assistance, exchange of experiences, experts, information; business exchanges and negotiations to facilitate the design and marketing of bi-national tourism products, as well as participation in seminars, conferences and fairs, and design, study and implementation of tourism projects.
We note that Article 11 indicates that Parties will advance joint programs to prevent sexual tourism, especially with minors; which requires actions and / or procedures to protect the rights of minors and other persons who may be involved in this illegal practice and related adopted.
Another aspect worth highlighting is that the agreement, Article 12 provides for which authorities are responsible for implementation and indicates, among other things, that those authorities should determine the priority areas for the implementation of specific cooperation projects tour. This means, as previously noted, that the present international instrument, regulates generally the basis for cooperation between the two countries in the field, and for appropriate action becomes Nece sary then, the signing of agreements on projects identified or specific.
Furthermore, Article 14 determines the mode of settlement of disputes that may arise between the Parties concerning the interpretation or application of the Convention; in the sense that these will be resolved through direct negotiations between them, and if these are not successful, the dispute shall be submitted to the other means recognized by international law peaceful solution.
Finally, with the approval and entry into force of the Convention, the Parties will:
know the characteristics, evolution and trends of the tourism market between Colombia and Peru. Encourage
different areas of the tourism industry so that the tourism product is competitive in the global arena. Identify
tourism in the two countries.
Facilitate tourist flow between the two sides.
By the foregoing, the Government, through the Minister of Foreign Affairs and the Minister of Commerce, Industry and Tourism requests the honorable National Congress to approve the "Agreement on Tourism Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Peru ", signed in Bogotá, DC, at twenty (26) days of November two thousand and two (2002).
Of the honorable Senators and Representatives,
The Minister of Foreign Affairs, Carolina Barco Isakson
.
The Minister of Commerce, Industry and Tourism Jorge Humberto Botero
ANGULO.

LAW 424 1998 (January 13)
By which follow the international agreements signed by Colombia is ordered.

THE CONGRESS OF COLOMBIA DECREES:

ARTICLE 1o. The National Government through the Foreign Ministry presented annually to the Second Committee on Foreign Affairs of the Senate and House, and within the first thirty calendar days after the legislative session that begins each July 20, a detailed report on how they are fulfilling and developing the existing international agreements signed by Colombia with other States.
Article 2.
. Each national government agency responsible for implementing international treaties within their competence and require reciprocity in them, will communicate the relevant information to the Ministry of Foreign Affairs and east to the Second Committees.

ARTICLE 3. The full text of this law shall be annexed to each and every one of the international conventions that the Ministry of Foreign Affairs present to Congress.

ARTICLE 4. This law governs from its promulgation.
The President of the honorable Senate,
Amylkar ACOSTA MEDINA.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable Chamber of Representatives,
CARLOS ARDILA BALLESTEROS.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
COLOMBLA REPUBLIC - NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota, D, C., 13 January 1998.

Ernesto Samper Pizano Minister of Foreign Affairs, Maria Emma Mejia
VÉLEZ.
EXECUTIVE BRANCH PUBLIC POWER

Presidency of the Republic Bogotá, DC, June 20, 2003. Approved
.
Submit to the consideration of the honorable National Congress for constitutional purposes.

(FDO.)
The Alvaro Uribe Minister of Foreign Affairs,
(FDO.) CAROLINA Barco Isakson. DECREES
:

ARTICLE 1o. To approve the "Agreement on Tourism Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Peru", signed in Bogotá, DC, at twenty (26) days of the month of November in the year two thousand and two (2002).
Article 2.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Agreement on Tourism Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Peru", signed in the city of Bogotá, DC, twenty-six (26) days of November, two thousand and two (2002), that article 1 of this law is passed, it will force the country from the date the international link is perfect therefrom.

ARTICLE 3. This law applies from the date of publication.
The President of the honorable Senate,
Luis Humberto Gómez Gallo.
The Secretary General of the honorable Senate,
EMILIO RAMÓN OTERO DAJUD.
The President of the honorable House of Representatives, Zulema Jattin
Corrales.
The Secretary General of the honorable House of Representatives, ANGELINO
LIZCANO RIVERA.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
transmittal and enforcement.
Run, after review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Bogotá, DC, on February 8, 2005.

The Alvaro Uribe Foreign Minister, Carolina Barco Isakson
.

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