Key Benefits:
969 OF 2005
(July 13)
Official Journal No. 45.970 of 15 July 2005
By means of which the "Convention of Technical, Scientific and Technological Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Honduras" is approved, signed by the city of Bogota, D.C., on 12 July. November 2003.
subscribed in the city of Bogotá, D. C., on November 12, 2003.
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Convention of Technical, Scientific and Technological Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Honduras", signed in the city of Bogotá, D. C., on 12 November 2003, which to the letter says:
(To be transcribed: photocopy of the full text of the international instrument mentioned).
2004 BILL NUMBER 89
by means of which the "Convention of Technical, Scientific and Technological Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Honduras" is approved, signed in the city of Bogotá, D. C., on 12 July. November 2003.
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Convention of Technical, Scientific and Technological Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Honduras", signed in the city of Bogotá, D. C., on 12 November 2003, which to the letter says:
(To be transcribed: photocopy of the full text of the international instrument mentioned).
TECHNICAL, SCIENTIFIC AND TECHNOLOGICAL COOPERATION AGREEMENT 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 to as the Parties;
Encouraged by the desire to strengthen the bonds of friendship and cooperation in both countries, 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 nations;
Highlighting the need to foster, concretize and modernize the technical, scientific and technological infrastructure of the two countries;
You have agreed to the following:
The purpose of this instrument is to establish the general conditions governing technical, scientific and technological cooperation, agreed by the Parties on specific projects defined through complementary agreements, Notes or Programmes as defined by the Parties, in the Joint Committee on Article VI.
The Parties in defining the areas of cooperation in specific projects and programmes, will take particular account, which will respond to similar criteria with the promotion of Peace and International Security, the promotion of respect for Human Rights, Sustainable Development and Strengthening Democracy.
ARTICLE II. AREAS OF COOPERATION.
The Parties establish the following areas of cooperation, and those that are mutually agreed, which may be extended in the future by common agreement.
Education, State Modernization and State Management; Agricultural and Agroindustry; Women and Gender; Health; Tourism; Citizen Participation; Microenterprise.
The execution of projects or programs of technical, scientific and technological cooperation shall be carried out under the mode of shared costs, defined in the specific instrument concerned. The Parties may request, by common agreement, the participation of third countries and/or international bodies, both for financing and for the implementation of programmes and projects, arising from the cooperation arrangements referred to in Article 3. each case.
ARTICLE IV. ENTITIES RESPONSIBLE FOR COOPERATION.
As Responsible Entities for the fulfilment of the terms of this Convention:
-The Colombian Party appoints the Ministry of Foreign Affairs and the Colombian Agency for International Cooperation, ACCI.
-The Honduran Party appoints the "Technical and International Cooperation Secretariat, SETCO".
ARTICLE V. MODES OF COOPERATION.
For the purposes of this Convention, technical and scientific cooperation between the Parties may assume the following modalities:
-Exchange of specialists, professionals, researchers and university professors.
-Studies and research.
-Receiving experts.
-Training and internships in institutions of recognized prestige and level of excellence.
-Exchange of scientific and technological information.
-Grant of scholarships for studies of professional specialization and intermediate studies of technical training.
-Comprehensive projects.
-Sending equipment and material needed for the execution of specific projects.
-Any other cooperative activity that is agreed between the Parties.
ARTICLE VI. SCOPE, OPERATION, AND INSTRUMENTATION.
1. A Joint Committee on Technical and Scientific Cooperation is hereby established as an instance of the operation and implementation of the cooperation between Colombia and Honduras, which is made up of the entities responsible referred to in Article IV, and other representatives and experts deemed necessary by the institutions.
the Joint Commission will be chaired by the International Cooperation Directorate of the Ministry of Foreign Affairs in conjunction with the Colombian Agency for International Cooperation, ACCI, in the case of Colombia, and by the Technical Secretariat and International Cooperation, SETCO, in the case of Honduras.
2. The specific projects will be identified and prepared in accordance with the procedures established in each country, and will be presented in the Framework of the Joint Cooperation Commission.
3. The Joint Committee shall fulfil the following tasks:
-Determine and analyze priority fields, in which specific technical and scientific cooperation programs and projects can be carried out.
-Propose and coordinate concrete activities, projects and actions, in relation to the objectives of this Convention, and define the means necessary for its implementation and evaluation.
-Identify new sectors and areas of cooperation.
-Find the appropriate means to prevent difficulties that may arise in the fields covered by this Convention.
-Control, monitor, evaluate activities and formulate recommendations and modifications necessary to ensure compliance with the proposed objectives.
-Encourage the implementation of the results achieved in the course of cooperation.
-Report to the Parties on recommendations for the expansion of exchanges and diversification of cooperation.
-Define and approve a bi-annual work programme, including specific projects, implementing agents and sources of funding.
4. In order to review bilateral cooperation and to prepare joint committees, evaluation and monitoring meetings will be held annually. These meetings will be a review exercise on the progress of cooperation projects and programs, which will be carried out individually in both the Republic of Colombia and the Republic of Honduras under the responsibility of from:
-The representatives of the International Cooperation Directorate of the Ministry of Foreign Affairs; of the Colombian Agency for International Cooperation, ACCI, and of the Colombian technical institutions and representatives of the Embassy of the Republic of Honduras in Bogotá, of a Party.
-The representatives of the Technical Secretariat and International Cooperation, SETCO, Honduras and public entities that the Honperena Party considers convenient and the representatives of the Embassy of Colombia, in Tegucigalpa, of another Party.
-The results of the Evaluation and Monitoring Meetings will be recorded in a Minutes to be sent to the entities responsible for the cooperation, to serve as an evaluation instrument and for coordination in the preparation of the future Joint Commissions.
5. The Joint Committee will meet in the Republic of Colombia and the Republic of Honduras every two years.
Without prejudice to the foregoing paragraph, the Parties may convene, by common agreement and when deemed necessary by extraordinary meetings of the Joint Committee.
ARTICLE VII. INSTRUMENTS AND MEANS FOR THE IMPLEMENTATION OF COOPERATION.
In order to facilitate the achievement of the objectives of the cooperation provided for in this Convention, each Party may conclude Complementary Conventions without prejudice to the provisions of Article II of this Convention.
In that Complementary Convention the executing entities of each project will be designated.
ARTICLE VIII. OF THE EXPERTS, IMPEDIMENTS, PRIVILEGES AND IMMUNITIES.
Staff who are officially involved in cooperation projects shall be subject to the provisions of this Convention and may not engage in any activity other than their duties or receive any remuneration outside the provisions of this Convention. by the Parties.
The Parties shall grant to the technical or technical officials dispatched by the Government of either Party, within the framework of this Convention, not to be nationals or foreigners, residing in the country, in addition to privileges and exemptions. for officials or experts, respectively, contains the United Nations Convention on Privileges and Immunities on 13 February 1946, the following facilities:
(a) obtaining the corresponding visa for the expert or technical officer and the members of his family who are under his or her direct dependency and who live with him for the term of his mission, extendable for a reasonable period of time, so that make appropriate arrangements for your departure from the country;
(b) Identification document referring to the special protection and support granted to them by the Government of the receiving State;
c) Waiver of the payment of customs tax for the income and departure of the country of domestic menaje. The equipment and material necessary for the implementation of the projects shall also be exempt from such taxes.
ARTICLE IX. DISPUTE RESOLUTION ON THE INTERPRETATION AND APPLICATION OF THE CONVENTION.
The rules of this Convention shall be interpreted in accordance with the provisions laid down in Articles 31 and 32 of the "1969 Vienna Convention on the Law of Treaties", in force for both Parties and the discrepancies which may arise from the interpretation or application of this Instrument, shall be resolved by the Parties, by any means of peaceful settlement of disputes under international law.
This Convention will replace from the date of its entry into force, the "Convention of Technical and Scientific Cooperation, between the Republic of Colombia and the Republic of Honduras," signed in Bogota on March 4, 1980.
ARTICLE XI. DURATION AND DURATION.
This Convention shall enter into force on the date of the Exchange of the Instruments of Ratification once the legal and constitutional requirements have been fulfilled in each of the Parties.
This Convention shall be for a period of five (5) years and shall be automatically renewed for equal periods, if neither of the Parties expresses in writing its wish not to extend it, at least six months before the date of termination of the respective period.
Any Party may denounce this Convention by written notification, which shall take effect six (6) months after the date of receipt of the relevant Note. Projects or cooperation programmes which are in progress shall continue to be implemented until their termination or up to the date the Parties agree.
Subscribed in the city of Bogotá, D. C., on November 12, fingers thousand three (2003), in two original copies in Spanish, both texts being equally valid.
By the Government of the Republic of Colombia,
Carolina Barco,
Minister of Foreign Affairs.
By the Government of the Republic of Honduras,
Leonidas Rosa Bautista,
Foreign Secretary.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 22, 2004
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Carolina Barco Isakson.
DECRETA:
Article 1o. Approve the "Convention of Technical, Scientific and Technological Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Honduras", signed in the city of Bogotá, D. C., on November 12, 2003.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Convention of Technical, Scientific and Technological Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Honduras", signed in the city of Bogota, D. C., on November 12, 2003, which is approved by the first article of this law, will force the country from the date on which the international link with respect to it is perfected.
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.
The Foreign Minister,
Carolina Barco Isakson.
REASON EXPOSURE
Honorable Senators and Representatives:
El Tiempo] On behalf of the National Government and in compliance with Articles 150 (16), 189 (2) and 224 of the Colombian Political Constitution, I present to the honorable Congress of the Republic the Draft Law through which The "Convention of Technical, Scientific and Technological Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Honduras", signed in the city of Bogotá, D. C., is approved on 12 November 2003.
Background
Since the beginning of 2000, the need to update the Technical and Scientific Cooperation Agreement between the two countries was necessary, made in Bogota on March 4, 1980, and the Ambassador of Colombia in Honduras was instructed to start Talks with Honduran dignitaries on the conclusion of a new Convention on the subject that will replace the current one. Those were successfully completed in 2003.
This was how, at the First Meeting of the Joint 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, it was agreed to sign a new Convention of Technical and Scientific Cooperation, which would enable the relations of cooperation to be strengthened and the ties of friendship and neighbourliness between the two nations to be deepened.
Previous Considerations
The objective of signing a new agreement was that it would contain updated and realistic terms, consult the topics of the international agenda, and update the bilateral relations between Honduras and Colombia in the area of cooperation, establishing provisions on shared costs in the financing of projects, the introduction of a Joint Commission and an Agreement that provides for the guidelines that make the evaluation and monitoring meetings of the projects operable previously established. New modalities of cooperation were also incorporated through the sending of experts and a dispute settlement clause, which was not previously contemplated.
This Convention constitutes a unique framework for promoting the cooperation that has been developed with Honduras in the fields of environment, education and culture, justice, health, mines and energy, integration, and development. Community and tourism.
Cooperation, beyond presenting itself as an aid alternative, is, in the new international context, a mobilizer of knowledge, experiences and energies, and a new basis for bilateral and multilateral relations to be supported in effective solidarity, resulting in satisfactory results; hence the importance of reaching tangible and achievable agreements in the short term, leaving the strategies and the budgetary mechanisms established to guarantee a immediate implementation of the agreed upon.
To the developing countries it is up to them to push for new forms of joint work so that we can achieve true integration within the new world scenario to be in tune with modernity and in our case, with the prosperity of the peoples of America.
The Convention is part of a group of cooperation agreements that Colombia has been signing, with the aim of establishing new and appropriate cooperation bases, especially with the countries of South America, Central America and the Caribbean, in development of constitutional policies, and within the framework of principles that guide regional integration.
The clauses of this Convention establish reciprocal commitments and conditions for cooperation on the basis of balanced benefits and consideration, through which the Parties seek a fruitful exchange of techniques and science. for the mutual benefit of Colombia and Honduras.
This Convention maintains the spirit of Technical Cooperation between Developing Countries (CTPD), mapped out by the United Nations in the Buenos Aires Plan of Action of 1978, as an important instrument of solidarity and growth among countries. siblings.
Structure and importance of the convention
The Convention consists of a preamble and eleven articles.
In the Preamble, common expressions of good will between the Parties are recorded, in order to foster and stimulate the actions of cooperation, which have been carried out between the two countries.
The article first refers to the object or purpose of the Convention, establishing the general conditions governing Cooperation between the Parties; it is important to note that for the proper implementation of the Convention the Parties will sign agreements (a) a further study by the Joint Committee set up by Article VI of the Joint Committee.
The second article, in a timely manner, provides that cooperation will be provided in the areas of education, modernization and management of the State, agriculture, agro-industry, women and gender, health, tourism, citizen participation, and microenterprise. in addition, in those which the Parties may agree to.
The third article, referring to the financing, indicates, that the cooperation will be carried out under the mode of shared costs. It also provides that the Parties may, by common agreement, request the participation of third countries or international bodies for the financing of specific cooperation programmes or projects.
The fourth article records the entities designated by the Parties, responsible for the cooperation, which for the cas or Colombia are the Ministry of Foreign Affairs and the Agency for International Cooperation, ACCI.
The fifth article lists the modalities of cooperation between the Parties, including the exchange of specialists, professionals, researchers, training and internships, research and exchange studies. scientific and technical information.
Article 6 talks about the scope, operation and implementation of the Convention. It also defines the functions of the Joint Committee, which will have to assess and define the priority areas for cooperation. In addition, it is up to them to study, review and analyse the projects to be implemented under the Convention.
It was agreed that the Joint Commission will meet alternately every two years in Honduras and Colombia, respectively, on the officially agreed dates, leaving the possibility of carrying out evaluation and follow-up meetings to submit consideration of the Parties to specific projects of interest to the Parties.
Article 7 considers complementary agreements as instruments and means to be used for the implementation of Cooperation between the Parties, and in which implementing entities will be determined.
Article 8 refers to the fact that each of the Parties will grant the necessary facilities for the entry, permanence and departure of the personnel who are officially involved in the implementation of the cooperation projects or programs. is, the application of the privileges and immunities provided for in the United Nations Convention on Privileges and Immunities of 13 February 1946. It also refers to the obtaining of the visa, the identification document and the exemption from the payment of customs duty for the country's entry and exit as well as the domestic menaje of the experts.
Article 9 provides that the rules of the Convention shall be interpreted in accordance with Articles 31 and 32 of the Vienna Convention on the Law of the Treaties, and that any discrepancies which may arise from the interpretation or implementation of the Convention shall be resolved by the Parties by any means of peaceful settlement referred to in international law.
Article 10 deals with the updating of the Convention, in the sense that at the time of its entry into force, it will replace the "Convention of Technical and Scientific Cooperation of 4 March 1980, currently in force between the two countries". countries ".
Article eleventh refers to the validity and duration of the Convention, which shall enter into force on the date of the Exchange of Ratific Instruments, prior to the fulfilment of the constitutional requirements of each party, and which shall have a duration of five (5) years and shall be automatically renewed for equal periods, unless, at a time of six months before the end of that period, one of the parties expresses in writing to the other its intention to terminate it; The termination of the Convention does not affect the implementation of projects or programmes in progress.
In view of the above, the National Government, through the Minister of Foreign Affairs, requests the honorable Congress of the Republic to approve the " Convention of Technical, Scientific and Technological Cooperation between the Government of the Republic of Republic of Colombia and the Government of the Republic of Honduras, signed in the city of Bogotá, D. C., on 12 November 2003.
Of the honorable Congressmen,
The Foreign Minister,
Carolina Barco Isakson.
1998 Law 424
(January 13)
by which the follow-up to the international conventions signed by Colombia is ordered.
The Congress of Colombia
DECRETA:
Article 1o. The National Government through the Foreign Ministry will present annually to the Senate and House Foreign Relations Committees and within the first thirty calendar days after the legislative period beginning every 20 years. July, a detailed report on how the existing international agreements signed by Colombia with other States are being complied with and developed.
Article 2o. Each dependency of the National Government responsible for implementing the International Treaties of its competence and requiring reciprocity in them, will transfer the relevant information to the Ministry of Foreign Affairs and the latter to the Commissions Second.
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 4o. 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
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 22, 2004
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Carolina Barco Isakson.
DECRETA:
Article 1o. Approve the "Convention of Technical, Scientific and Technological Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Honduras", signed in the city of Bogotá, D. C., on November 12, 2003.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Convention of Technical, Scientific and Technological Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Honduras", signed in the city of Bogota, D. C., on November 12, 2003, which is approved by the first article of this law, will force the country from the date on which the international link with respect to it 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,
Zulema Jattin Corrales.
The Secretary General of the honorable House of Representatives,
Angelino Lizcano 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 July 13, 2005.
The Minister of the Interior and Justice, a delegate of presidential duties, in accordance with Decree number 2317 of 8 July 2005,
Sabas Pretelt de la Vega.
The Deputy Minister of Multilateral Affairs at the Ministry of Foreign Affairs, in charge of the functions of the Foreign Minister's office,
Jaime Giron Duarte
