Act 969 2005

Original Language Title: LEY 969 de 2005

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LAW 969 2005
(July 13)
Official Gazette No. 45970 of July 15, 2005
Through which the "Technical Cooperation Agreement, approved Science and Technology between the Government of the Republic of Colombia and the Government of the Republic of Honduras ", signed the Bogotá, DC ciudadde on 12 November 2003. Summary

Term Notes
Signed in the city of Bogotá, DC, on November 12, 2003.
THE CONGRESS OF THE REPUBLIC
having regard to the text of the "Agreement on Technical Cooperation, Science and Technology between the Government of the Republic of Colombia and the Government of the Republic of Honduras ", signed in Bogotá, DC, on November 12, 2003, which reads:
(to be transliterated: photocopy of the full text of the international instrument is attached mentioned). BILL NUMBER
2004
89 through which the "Agreement for Technical Cooperation, Science and Technology between the Government of the Republic of Colombia and the Government of the Republic of Honduras" is approved, signed in Bogota, DC, on November 12, 2003.
tHE CONGRESS oF tHE REPUBLIC
having regard to the text of the "Agreement on Technical Cooperation, Science and Technology between the Government of the Republic of Colombia and the Government of the Republic of Honduras ", signed in Bogotá, DC, on November 12, 2003, which reads:
(to be transliterated: photocopy of the full text of that instrument is attached).
Technical Cooperation Agreement, scientific and technological BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE REPUBLIC OF HONDURAS
The Government of the Republic of Colombia
and
The Government of the Republic of Honduras
hereinafter referred the Parties;
Desiring to strengthen in both countries the ties of friendship and cooperation and convinced of the many benefits derived from mutual collaboration;
Recognizing the importance of technical, scientific and technological cooperation represents for the intensification of actions in the economic and social order in both countries;
Stressing the need to promote, define and modernize the technical, scientific and technological infrastructure of the two countries;
Have agreed as follows: ARTICLE I. PURPOSE
.

This instrument aims to establish the general conditions governing the technical, scientific and technological cooperation, agreed by the Parties defined specific projects through supplementary agreements, exchanges of letters or programs defined by the Parties in Joint Commission referred to in article VI.
Parties to define areas of cooperation in specific projects and programs, shall, in particular, that they meet criteria related to the promotion of Peace and International Security, promoting respect for Human Rights, Sustainable development and strengthening democracy.

ARTICLE II. COOPERATION AREAS.

The Parties establish the following areas of cooperation, and to be defined by mutual agreement, which in the future may be extended by mutual agreement.
Education, State Modernization and Management of the State; Agriculture and Agro-industry; Women and Gender; Health; Tourism; Citizen participation; Microenterprise.

ARTICLE III. FINANCING.

The implementation of projects or programs of technical, scientific and technological cooperation, they will be made in the form of cost sharing, as defined in the appropriate specific instrument. Parties may request by mutual agreement, the participation of third countries and / or international organizations, both for funding and for the implementation of programs and projects arising from the modalities of cooperation envisaged in each case.

ARTICLE IV. RESPONSIBLE FOR COOPERATION ENTITIES.

As entities responsible for fulfilling the terms of this Agreement:
- The Colombian Party designates the Ministry of Foreign Affairs and the Colombian Agency for International Cooperation, ACCI.
- The Honduran Party designates the "Technical and International Cooperation Secretariat, SETCO".

ARTICLE V. FORMS OF COOPERATION.

For the purposes of this Agreement, technical and scientific cooperation between the Parties may take the following forms:
- Exchange of specialists, professionals, researchers and teachers universi-mers.
- Studies and Research.
- Reception of experts.
- Training and Internships in renowned institutions and level of excellence.
- Exchange of scientific and technological information.

- Granting scholarships for professional specialization and intermediate studies zation technical training.
- Integral projects.
- Sending and equipment necessary for the implementation of specific projects material.
- Any other cooperation activity that is agreed between the Parties.

ARTICLE VI. SCOPE, OPERATION AND INSTRUMENTATION.

1. a Joint Commission on Scientific and Technical Cooperation, as Instance of operation and implementation of the cooperation between Colombia-Honduras, made by the responsible entities referred to in Article IV, and other representatives and experts deem necessary institutions is created.
The Joint Committee will be chaired by the Department of International Cooperation, Ministry of Foreign Affairs in conjunction with the Colombian Agency for International Cooperation, ACCI, in the case of Colombia, and the Technical and International Cooperation Secretariat, SETCO in the case of Honduras.
2. Specific projects will be identified and prepared following the procedures established in each country, and presented in the framework of the Joint Cooperation Committee.
3. The Joint Committee shall perform the following functions:
- Identify and analyze the priority areas in which they can carry out specific programs and projects of technical and scientific cooperation.
- Propose and coordinate activities, projects and specific actions in relation to the objectives of this Convention and define the means necessary for their implementation and evaluation.
- Identify new sectors and areas of cooperation.
- Search appropriate means to prevent any difficulties that may arise in the fields covered by this Convention.
- Control, monitor, evaluate activities and make recommendations and changes necessary to ensure compliance with the proposed objectives.
- Encourage the application of the results achieved in the course of cooperation.
- Report to the Parties on recommendations aimed at the expansion of trade and diversification of cooperation.
- Define and PASS ar a two-year work program that includes specific projects, executing agents and sources of funding.
4. In order to review bilateral cooperation and prepare joint committees, monitoring and evaluation meetings will be held annually. These meetings will review exercises on the progress of projects and cooperation programs, which will be held individually both in the Republic of Colombia and the Republic of Honduras under the responsibility of:
- Representatives Directorate of International Cooperation, Ministry of Foreign Affairs; of the Colombian Agency for International Cooperation ACCI, and the Colombian technical institutions and representatives of the Embassy of the Republic of Honduras in Bogotá, a Party.
- Representatives of the Technical Secretariat and International Cooperation, SETCO of Honduras and the Honduran public entities that Party deems it appropriate and representatives of the Embassy of Colombia in Tegucigalpa, of another Party.
- The results of the Meetings of Evaluation and Monitoring, will be noted in a memorandum to be sent to the entities responsible for cooperation, as tools for evaluation and coordination in the preparation of future Joint Commissions.
5. The Joint Commission shall meet every two years alternately in the Republic of Colombia and the Republic of Honduras.
Without prejudice to the provisions of the preceding paragraph, the Parties may be convened, by mutual agreement and when they deem it necessary extraordinary meetings of the Joint Commission.

ARTICLE VII. INSTRUMENTS AND MEANS FOR THE CONDUCT OF COOPERATION.

In order to facilitate the achievement of the objectives of cooperation stipulated in this Agreement, each of the Parties may conclude supplementary agreements subject to the provisions of Article II of this Agreement.
In this Supplementary Convention implementing entities of each project will be designated.

ARTICLE VIII. EXPERTS, IMPAIRED, privileges and immunities.

The personnel officially involved in the cooperation projects, shall be subject to the provisions of this Convention and may not engage in any activity unrelated to their functions or receive any remuneration outside those stipulated by the Parties.

The Parties shall accord to experts or technical officials of the Government of either Party, within the framework of this Agreement, other than nationals or foreigners resident in the country, in addition to the privileges and exemptions for officials or experts respectively, contained in the Convention on Privileges and Inmunidade s of February 13, 1946 of the United Nations, the following facilities:
a) obtaining the appropriate visa for the expert or technical officer and members of his family under their direct dependence and live with him by the end of the mission be extended for a reasonable period, to carry out the necessary arrangements for their departure;
B) identification document which refers to special protection and support granted to them by the Government of the receiving State is made;
C) Exemption from customs duty for entry and departure of household goods. Also they are exempt from such taxes and equipment necessary for the implementation of projects material.

ARTICLE IX. DISPUTE ON INTERPRETATION AND IMPLEMENTATION OF THE CONVENTION.

The rules of this Convention shall be construed in accordance with the provisions of Articles 31 and 32 of the "1969 Vienna Convention on the Law of Treaties", effective for both parties and discrepancies that may arise from the interpretation or application of this Instrument shall be resolved by the parties, by any means of peaceful settlement of disputes referred to in international law.

ARTICLE X. CONVENTION UPDATE.

The present Convention shall from the date of its entry into force, the "Agreement on Technical and Scientific Cooperation between the Republic of Colombia and the Republic of Honduras", signed in Bogota on March 4, 1980 | ||
ARTICLE XI. EFFECTIVE DATE AND DURATION.

This Agreement shall enter into force on the date of the exchange of the instruments of ratification, once they have fulfilled the constitutional and legal requirements in each of the Parties.
This agreement will last five (5) years and be automatically renewed for equal periods if neither of the Parties expressed in writing their wish not to do, with advance notice of at least six months from the date of termination of the respective period.
Either Party may terminate this Agreement by written notice, which shall take effect six (6) months after the date of receipt of the relevant Note. Projects or cooperation programs are ongoing, ose ejecutánd continue until terminated or until the date the Parties agree.
Done in the city of Bogotá, DC, on November 12 fingers thousand three (2003), in two original copies in Spanish, 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 Honduras,
Leonidas Rosa Bautista, Secretary of Foreign Affairs
. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, July 22, 2004
Approved. Submit to the consideration of the honorable National Congress for constitutional purposes.
(Sgd.)
The Alvaro Uribe Minister of Foreign Affairs,
(Sgd.) Carolina Barco Isakson.
DECREES: Article 1.
. Approval of the "Agreement on Technical Cooperation, Science and Technology between the Government of the Republic of Colombia and the Government of the Republic of Honduras", signed in Bogotá, DC, on 12 November 2003. Article 2.
. In accordance with Article 1 of the Law 7 of 1944, the "Agreement on Technical Cooperation, Science and Technology between the Government of the Republic of Colombia and the Government of the Republic of Honduras", signed in the city of Bogotá, DC, on November 12, 2003, that the first article of this law is passed, will force the country from the date the international link is perfect therefrom.
Article 3o. This law applies from the date of publication.
Given in Bogotá, DC, honorable
Presented to Congress by the Minister of Foreign Affairs.
The Minister of Foreign Affairs, Carolina Barco Isakson
. STATEMENT OF MOTIVES

Honorable Senators and Representatives:

On behalf of the Government and in compliance with Articles 150, paragraph 16, 189 paragraph 2 and 224 of the Constitution of Colombia, presented for consideration by the honorable Congress Bill through which approves the "Convention Technical Cooperation, Science and Technology between the Government of the Republic of Colombia and the Government of the Republic of Honduras", signed in Bogotá, DC, on 12 November 2003. Background
| || Since early 2000 he was the need to update the Agreement on Technical and Scientific Cooperation between the two countries, made in Bogota on March 4, 1980, and instructed the Ambassador of Colombia in Honduras to initiate discussions with aimed at concluding a new agreement on the matter to replace the current Honduran dignitaries. Those were successfully concluded in 2003.
That was how, in the first meeting of the Mixed Commission of Technical and Scientific Cooperation between Colombia and Honduras, held in the city of Tegucigalpa on 24 and 25 April 2003 between the two countries agreed to sign a new Agreement on Technical and Scientific Cooperation that would boost relations of cooperation and deepen the ties of friendship and neighborliness between the two countries. Preliminary considerations

The aim of signing a new agreement was that this contains updated and realistic terms, consult the themes of the international agenda and update bilateral relations between Honduras and Colombia on cooperation, establishing cost-sharing arrangements in financing projects, the introduction of a Joint Commission and an agreement that the guidelines do operable meetings evaluation and monitoring of projects previously established. New cooperation also joined by sending experts and dispute resolution clause, which was not previously provided.
The Convention provides a framework of singular importance to promoting cooperation that has been developed with Honduras in the areas of environment, education and culture, justice, health, mines and energy, integration and community development and tourism.
Cooperation beyond present itself as an alternative aid is in the new international context a mobilizer of knowledge, experience and energy, and a new basis for bilateral and multilateral relations rest on effective solidarity, resulting in satisfactory results; hence the importance of reaching tangible and achievable short-term arrangements established leaving defined strategies and budgetary mechanisms to ensure immediate implementation of the agreement.
Countries in developing their part, boost evas nu ways of working together so that we achieve a true integration into the new world scenario to be in tune with modernity and in our case, with the prosperity of the peoples from America.
The Convention is part of a group of cooperation agreements that Colombia has been signing, with the aim to establish new and appropriate basis for cooperation, especially with the countries of South America, Central America and the Caribbean, developing constitutional policies and within the framework of the principles that guide regional integration.
The provisions of this Agreement, establish reciprocal commitments and conditions for cooperation on the basis of performance and balanced consideration, by which the parties seek a fruitful exchange of technical and science for the mutual benefit of Colombia and Honduras.
This agreement maintains the spirit of Technical Cooperation among Developing Countries (TCDC), drawn up by the United Nations in the Plan of Action of Buenos Aires, 1978, as an important instrument of solidarity and growth among neighboring countries.
Structure and importance of the agreement
The Convention consists of a preamble and eleven articles.
The Preamble common expressions of goodwill are recorded between the Parties, to promote and encourage cooperation actions that have been carried out between the two countries.
The first article refers to the object or purpose of the Convention establishing the general conditions governing the cooperation between the Parties; being important to note that for the proper execution of the Parties will sign additional agreements previously studied by the Joint Committee established by Article VI thereof.

The second article, in a timely manner, provides that the cooperation will be implemented in the areas of education, State modernization and management, agriculture, agribusiness, women and gender, health, tourism, citizen participation and microenterprise, and besides, those that in the future the Parties agree.
The third article, based on the financing indicates that cooperation will be held in the form of cost sharing. It also provides that the parties may, by mutual agreement, request the participation of third countries or international funding for specific programs or projects of cooperation agencies.
The fourth article records the entities designated by the Parties, responsible for cooperation, which for Colombian cas or are the Ministry of Foreign Affairs and International Cooperation Agency, ACCI.
The fifth article lists the modalities of cooperation between the Parties, including the exchange of specialists, professionals, researchers highlighted; training and internships, research and exchange of scientific and technical information.
The sixth article speaks of the scope, operation and implementation of the Convention. Also it defines the functions of the Joint Commission, which should assess and define the priority areas of cooperation. In addition it corresponds, to study, review and analyze the projects to be implemented in developing the Convention.
It was agreed that the Joint Commission shall meet every two years alternately in Honduras and Colombia, respectively, on the dates officially agreed, leaving the possibility of carrying out evaluation and monitoring meetings for consideration of the Parties the projects that are of specific interest to the Parties. Article seventh
considers supplementary agreements as instruments and means to be used for the realization of the cooperation between the Parties, and in which the implementing entities are determined.
The eighth article, refers to each Party shall provide the necessary facilities for the entry, stay and departure of personnel officially involved in the implementation of projects or programs of cooperation, that is, the application the privileges and immunities provided in the Convention on privileges and immunities of the United Nations of 13 February 1946. it also refers to the visa, the identification and exemption from customs duty for in and out of the country and domestic utensils experts.
The ninth article provides that the rules of the Convention shall be construed in accordance with the provisions of Articles 31 and 32 of the Vienna Convention on the Law of Treaties, and the discrepancies that may arise from the interpretation or application of Convention shall be resolved by the Parties by any means of peaceful settlement provided for in international law.
The tenth article deals with the updating of the Convention, in the sense indicate that at the time of its entry into force, replace the "Agreement on Technical and Scientific Cooperation of March 4, 1980, now in force between the two countries ".
The eleventh article mentions the validity and duration of the Convention, which shall enter into force on the date of exchange of instruments ratific ation, subject to compliance with the constitutional requirements of each party, and it will last five (5) years and will be automatically renewed for equal periods unless that with six months prior to the end of that period, one party states in writing the other of its intention to terminate it; in any case, the termination of the Agreement does not affect the implementation of projects or ongoing programs.
Given the above, the Government, through the Minister of Foreign Affairs requests the honorable Congress to approve the "Agreement for Technical Cooperation, Science and Technology between the Government of the Republic of Colombia and the government of the Republic of Honduras ", signed in the city of Bogotá, DC, on November 12, 2003.
of the honorable Congressmen,
the Minister of Foreign Affairs, Carolina Barco Isakson
.

LAW 424 1998 (January 13)
why tracking 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 meeting and developing international conventions signed by Colombia with other states. Article 2.
. Each branch of the National Government 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 3o. 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 4o. This law governs from its promulgation.
The President of the honorable Senate,
Amylkar Acosta Medina.
The Secre tary-General of the honorable Senate, Pedro Pumarejo
Vega.
The President of the honorable House of Representatives, Carlos Ardila
Ballesteros.
The Secretary General of the honorable House of Representatives,
Diego Vivas Tafur.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota, DC, 13 January 1998.

Ernesto Samper Pizano Minister of Foreign Affairs, Emma Mejia Velez
Maria. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, July 22, 2004
Approved. Submit to the consideration of the honorable National Congress for constitutional purposes.
(Sgd.)
The Alvaro Uribe Minister of Foreign Affairs,
(Sgd.) Carolina Barco Isakson.
DECREES: Article 1.
. Approval of the "Agreement on Technical Cooperation, Science and Technology between the Government of the Republic of Colombia and the Government of the Republic of Honduras", signed in Bogotá, DC, on 12 November 2003. Article 2.
. In accordance with Article 1 of the Law 7 of 1944, the "Agreement on Technical Cooperation, Science and Technology between the Government of the Republic of Colombia and the Government of the Republic of Honduras", signed in the city of Bogotá, DC, on November 12, 2003, that the first article of this law is passed, will force the country from the date the international link is perfect therefrom.
Article 3o. 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, Ramon Emilio 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 July 13, 2005.
The Minister of Interior and Justice, delegatee of presidential duties, pursuant to Decree No. 2317 of July 8, 2005, Sabas Pretelt of
the Vega.
The Deputy Minister of Multilateral Affairs, Ministry of Foreign Affairs, in charge of the functions of the office of the Minister of Foreign Affairs, Jaime Giron Duarte



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