Key Benefits:
946 OF 2005
(February 17)
Official Journal No. 45.829 of 21 February 2005
By means of which the "Mutual Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil to Combat the Trafficking of Committed Aircraft in Activities" is approved. Transnational Illicit ", held in Cartagena de Indias, seven (7) November of a thousand nine hundred and ninety-seven (1997).
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Mutual Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil to Combat Trafficking in Aircraft Engaged in Illicit Activities" Transnational ", held in Cartagena de Indias, the seven (7) November of a thousand nine hundred and ninety-seven (1997), which to the letter says:
(To be transcribed: photocopy of the full text of the International Instrument mentioned).
2004 BILL NUMBER 204
by means of which the "Mutual Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil to Combat the Trafficking of Aircraft Committed to Transnational Illicit Activities, held in Cartagena de Indias, seven (7) November of a thousand nine hundred and ninety-seven (1997).
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Mutual Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil to Combat Trafficking in Aircraft Engaged in Illicit Activities" Transnational ", held in Cartagena de Indias, seven (7) November of a thousand nine hundred and ninety-seven (1997).
(To be transcribed: photocopy of the full text of the International Instrument mentioned).
MUTUAL COOPERATION AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL TO COMBAT THE TRAFFICKING OF AIRCRAFT ENGAGED IN TRANSNATIONAL ILLICIT ACTIVITIES
The Government of the Republic of Colombia and the Government of the Federative Republic of Brazil (hereinafter referred to as "Parties")
Convinced that the trafficking of aircraft allegedly involved in transnational illicit activities, particularly the smuggling of weapons and ammunition and drug trafficking, is a problem affecting the communities of both countries. countries,
Recognizing that the fight against this problem must be carried out through concerted and harmonious activities,
Interested in fostering mutual collaboration in this regard,
Agree to the following:
1. The Parties undertake joint efforts to combat the trafficking of aircraft allegedly engaged in transnational illicit activities, which are deployed and operated by their respective air spaces. The Contracting Parties shall exchange information relevant to the previous objective, with the intention of increasing the effectiveness and broadening the purpose of bilateral cooperation. Such cooperation, which shall be governed by this Agreement, may cover the following activities by both signatory governments:
a) Exchange of strategic-oper-ational information;
b) Specialist technical or operational training;
c) Supply of human resources and equipment to be used for specific programs in the area mentioned above, and
d) Mutual technical assistance.
2. The financial and human material resources necessary for the implementation of specific programmes under this Agreement shall, if necessary and in each case, be defined by the Contracting Parties by means of complementary Conventions.
1. In accordance with the respective internal legislation, the Contracting Parties shall take appropriate measures to:
a) Control the traffic of aircraft moving in the respective air spaces;
b) To intensify the exchange of information and experience related to the fight against aircraft involved in transnational illicit activities.
2. The Parties shall exchange the relevant information for the above objectives, seeking to increase the effectiveness of bilateral cooperation.
1. The Air Force of the Parties to this Agreement shall establish work programmes for periods of two (2) years. These work programmes will provide for objectives, specific quantifiable targets and a timetable for the implementation of activities where appropriate.
2. The import taxes or tax rights to which the materials and equipment provided in the scope of this agreement may be subject and as a result of their execution shall be the sole responsibility of the Government which receives them, the which shall take appropriate measures for its exemption.
The Government of the Republic of Colombia designates as coordinator of its participation to the General Staff of the Colombian Air Force and the Brazilian Government appoints as coordinator of its participation in the implementation of this Agreement to the State Major of Aeronautics.
With the intention of achieving the objectives of this Agreement and at the request of one of the Parties, representatives of the Parties shall meet periodically to:
a) Evaluate the effectiveness of the action programs;
b) Recommend to the respective governments annual programs with specific objectives to be developed in the scope of this Agreement and implemented through bilateral cooperation;
c) Examine any matter relating to the implementation and enforcement of this Agreement, and
d) Submit recommendations to their respective governments, which they consider relevant to the best implementation of this Agreement.
All activities resulting from this Agreement shall be developed in accordance with the laws and regulations in force in each of the Parties.
1. Each Party shall notify the other Party of compliance with the requirements of the respective domestic legislation for the Agreement to enter into force. This Agreement shall enter into force on the date of receipt of the last of those notifications
2. The denunciation of this Agreement shall not affect the validity of any of the programs established prior to the denunciation, which shall continue to be executed until its termination.
Celebrated in Cartagena de Indias, on November 7, thousand nine hundred and ninety-seven, in two original copies in the Spanish and Portuguese languages, both texts being equally authentic.
By the Colombian Government,
(Unreadable Signature).
By the Government of the Federative Republic of Brazil,
(Unreadable Signature).
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 1, 1998
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ERNESTO SAMPER PIZANO
The Foreign Minister,
(FDO.) CAMILO REYES RODRIGUEZ.
DECRETA:
ARTICLE 1o. Approve the " Mutual Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil to Combat the Trafficking of Committed Aircraft in Transnational Illicit Activities ", held in Cartagena de Indias, seven (7) November of a thousand nine hundred and ninety-seven (1997).
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the " Mutual Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil In order to combat the Traffic in Committed Aircraft in Transnational Illicit Activities, held in Cartagena de Indias, seven (7) November of a thousand nine hundred and ninety-seven (1997), which is approved by Article 1 of this Law, will force the the country from the date on which the international link with respect to it is improved.
ARTICLE 3o. This law governs from the date of its publication.
Dada en Bogotá, D. C., a ...
Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of National Defense.
The Foreign Minister,
CAROLINA BOAT ISAKSON.
The Minister of National Defense,
JORGE ALBERTO URIBE ECHAVARRIA.
EXPLANATORY STATEMENT
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 bill through which the "Agreement of Mutual Cooperation between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil is approved" combat the Traffic in Committed Aircraft in Illicit Activities Transnational ", held in Cartagena de Indias, seven (7) November of a thousand nine hundred and ninety-seven (1997).
I. Previous considerations
In the framework of the Defense and Democratic Security policy, the government has launched a national and international offensive in the fight against the illicit trafficking of drugs and weapons, ammunition and explosives.
As stated in the document of the Defense and Democratic Security Policy, "all spaces that allow the financing, movement and action of terrorist organizations must be closed through cooperation." without delay and without obstacles. " Drug trafficking is undoubtedly one of the most important means of funding for organizations outside the law.
In addition, the drug business and the trafficking of arms, ammunition and explosives are two important threats to the institutions and, in general, to national security. bilateral to strengthen the fight against these crimes.
Within the Strategic Objectives established in the Defense and Democratic Security Policy, the "elimination of illicit drug trade" is established as one of the goals to be achieved in order to achieve the ultimate goal of the The policy is the strengthening of the rule of law throughout the territory. The fight against the air traffic of drugs and inputs is one of the specific objectives outlined for the fulfillment of the national strategic objective.
currently, terrorism, drug trafficking, and related crimes, especially the illicit trafficking of weapons and explosives, as well as the laundering of assets, together with heinous transnational crimes, constitute the main threats to the Hemispheric security.
Bilateral relations
There are several bilateral agreements currently in place between the governments of Colombia and Brazil, which constitute an important legal framework, as they establish mechanisms and procedures for carrying out joint actions. prevention and repression of illicit trafficking in narcotic drugs and psychotropic substances, chemical precursors, and judicial assistance in criminal matters. Such instruments include the following:
Reciprocal Assistance Agreement for the Prevention, Control and Repressure of the Illicit Use and Trafficking of Narcotic Drugs and Psychotropic Substances, signed in Bogota, on March 12, 1981.
Agreement on Judicial Cooperation Complementary to the Bilateral Agreement on Reciprocal Assistance for the Prevention, Control and Repressure of the Illicit Use and Trafficking of Narcotic Drugs and Psychotropic Substances, signed in Brasilia on 3 September 1991.
Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil to Prevent Precursors and Essential Chemical Substances for the Processing of Narcotic Drugs and Substances Sicotropicas, held in Cartagena on 7 November 1997.
Agreement on Judicial Cooperation and Mutual Assistance in Criminal Matters, signed in Cartagena de Indias on November 7, 1997.
On March 7, 2003, a few months after the inauguration of the current President of the Federative Republic of Brazil, in a meeting held between the Presidents of Colombia and Brazil, in Brasilia, the presidents expressed their interest in " coordinating in the bilateral sphere, efforts to combat terrorism and organized crime. "
At the initiative of the Colombian Government, on March 12, 2003, the Foreign Ministers and Ministers of Defense of the Andean countries, plus Panama and Brazil, met in Bogota to discuss the different concepts of regional security. identify their main threats and coordinate actions against these threats.
In this meeting, terrorism, drug trafficking and related crimes (illicit trafficking in arms, explosives and chemical precursors and money laundering) were clearly and unanimously established as the main threat to security and stability. the region, making it necessary for all possible cooperation and coordination between States to deal effectively with it.
On July 24, 2003, the first meeting of the Colombia-Brazil Working Group was held for the repression of Criminality and Terrorism. During the meeting, in addition to highlighting the need to strengthen border security on both land and river, the importance of strengthening cooperation for the suppression of illicit air traffic was highlighted.
Analysis and importance of the agreement
The agreement aims to strengthen the fight against aircraft allegedly involved in transnational illicit activities, in particular the smuggling of arms and ammunition, and drug trafficking.
Article 1 of the Agreement establishes as basic cooperation lines the exchange of information of a strategic nature, technical training or specialized operational, supply of equipment and human resources to be used in specific programmes in the area mentioned above and mutual technical assistance.
Cooperation is based on full respect for sovereignty, which establishes the commitment for each country to fight the illicit trafficking of aircraft allegedly engaged in transnational illicit activities in their respective countries. territories, increasing air traffic controls and intensifying the exchange of information and experience related to the fight against aircraft allegedly involved in transnational illicit activities.
In Article III of the Agreement, it is established that in the development of the commitments acquired, work programmes must be carried out every two years, programmes that must include objectives, quantifiable specific goals and a timetable for the execution of the activities to be the case. It further provides that in order to achieve the objectives of the Agreement, at the request of either Party, periodic evaluation and monitoring meetings may be held, and to make recommendations on specific plans to be developed and on how to improve the implementation of the Agreement.
El Salvador] The agreement that this opportunity presents to the honorable Congress of the Republic is of particular importance, because it is precisely the border zones that are the meeting points of the networks that the crime organizations use. The United States has also been involved in the fight against drug trafficking. Hence the importance of countries with a common border maintaining an adequate level of cooperation and coordination among their security forces in border areas in order to combat these crimes.
The particular case of the border area between Colombia and Brazil is a good example of the need to strengthen bilateral cooperation. This border is a permanent stage of the entry of weapons destined for the Colombian terrorist organizations, as well as the illegal drugs that in many cases are exchanged for the weapons acquired by these organizations. Although illegal traffic is primarily a river on this border, the air routes are widely used because the thickness and density of the Amazon forest limit the possibility of using land routes.
Final Conclusions
El Tiempo] The current situation in which the Colombian conflict is going through and this government's unflagging commitment to the fight against the illicit production and trafficking of narcotic drugs and psychotropic substances make it necessary to approve this Agreement, which, in addition to being a political show of the neighboring country's commitment to the joint fight against transnational illicit air traffic, is a fundamental tool in operational matters for its effective implementation.
the Government believes that the approval of this bill will be fundamental because it will formally establish cooperation mechanisms and promote coordinated actions between the competent forces of both countries in the fight against the various manifestations of transnational criminality.
Colombia shares with Brazil an extensive border area of 1,645 kilometers, both governments have been making important coordination to join efforts to provide security in this extensive border area, as well as for to strengthen the fight against illicit trafficking in narcotic drugs, precursors, psychotropic substances and weapons.
strengthening of cooperation in the air field is an essential tool that will allow more decisive action against transnational illicit activities, which results in a strengthening of the fight against terrorism and one of its main forms of financing: drug trafficking.
For the reasons outlined above, the National Government through the Minister of Foreign Affairs and the Minister of National Defense, requests the honorable National Congress to approve the " Mutual Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil to Combat the Trafficking of Aircraft Engaged in Transnational Illicit Activities, held in Cartagena de Indias, seven (7) November of a thousand nine hundred and ninety-five and seven (1997).
Of the honorable Senators and Representatives,
CAROLINA BOAT ISAKSON,
Minister of Foreign Affairs;
JORGE ALBERTO URIBE ECHAVARRIA,
Minister of National Defense.
ACT 424 OF 1998
(January 13)
By which we order the follow-up to the international agreements
signed by Colombia.
COLOMBIA CONGRESS
DECRETA:
ARTICLE 1o. The National Government through the Foreign Ministry will submit annually to the Senate and Senate Foreign Relations Committees, and within the first thirty calendar days After 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.
ARTICLE 2o. Each dependency of the National Government charged with implementing the Internal Treaties of its jurisdiction and requiring reciprocity in them, will transfer the relevant information to the Ministry of Foreign Affairs and East, to the Commissions Seconds.
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.
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.
REPUBLIC OF COLOMBLA-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
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 1, 1998
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ERNESTO SAMPER PIZANO
The Foreign Minister,
(FDO.) CAMILO REYES RODRIGUEZ.
DECRETA:
ARTICLE 1o. Approve the " Mutual Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil to Combat the Trafficking of Committed Aircraft in Transnational Illicit Activities ", held in Cartagena de Indias, seven (7) November of a thousand nine hundred and ninety-seven (1997).
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the " Mutual Cooperation Agreement between the Government of the Republic of Colombia and the Government of the Federal Republic of Brazil to combat the Traffic of Aircraft Committed in Transnational Illicit Activities, held in Cartagena de Indias, seven (7) November of a thousand nine hundred and ninety-seven (1997), which is approved by article 1 of this law, shall be binding on the country from the date on which the international link with respect to the country is perfected.
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
LUIS HUMBERTO GOMEZ GALLO.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
CORRALES JATTIN ZULEMA.
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 February 17, 2005.
ALVARO URIBE VELEZ
The Foreign Minister,
CAROLINA BOAT ISAKSON.
The Commander General of the Military Forces, in charge of the functions of the Office of the Minister of National Defense,
GENERAL CARLOS ALBERTO OSPINA OVALLE.
