1018 OF 2006

(February 28)

Official Journal No. 46.196 of 28 February 2006

CONGRESS OF THE REPUBLIC

896 of 2004, " By means of which the Convention between the Government of the Republic of Colombia and the Government of the Republic of Bolivia for the Recovery of Cultural Property and Other Specific Stolen, Imported or Illegally exported, subscribed in the city of La Paz, at twenty (20) days of the month of August of the year two thousand one (2001)) ">

By means of which the " agreement between the government of the Republic of Colombia and the government of the Republic of Bolivia for the recovery of cultural and other specific stolen, imported or exported goods is approved ", subscribed in the city of Peace, at twenty (20) days of the month of August of the year two thousand one (2001).

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the "Convention between the Government of the Republic of Colombia and the Government of the Republic of Bolivia for the Recovery of Cultural Goods and Other Specific Stolen, Imported Or Illegally Exported", subscribed in the city of La Paz, at twenty (20) days of the month of August of the year two thousand one (2001), which to the letter says:

(To be transcribed: photocopy of the full text of the international instrument mentioned).

BILL NUMBER 212 OF 2003

By means of which the " agreement between the government of the Republic of Colombia and the government of the Republic of Bolivia for the recovery of cultural and other specific stolen, imported or exported goods is approved ", subscribed in the city of Peace, at twenty (20) days of the month of August of the year two thousand one (2001).

The Congress of the Republic

Having regard to the text of the Convention between the Government of the Republic of Colombia and the Government of the Republic of Bolivia for the recovery of cultural goods and other specific stolen, imported or illicitly exported, subscribed to in the city of La Peace, at twenty (20) days of the month of August of the year two thousand one (2001), which to the letter says:

(To be transcribed: photocopy of the full text of the international instrument mentioned).

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE REPUBLIC OF BOLIVIA FOR THE RECOVERY OF CULTURAL GOODS AND OTHER SPECIFIC STOLEN, IMPORTED OR ILLEGALLY EXPORTED

The Republic of Colombia and the Republic of Bolivia, hereinafter referred to as the "Parties",

Recognizing the importance of protecting the cultural heritage of both countries;

Taking into account other international mechanisms for the defence of cultural heritage, such as the 1970 Unesco Convention on measures to be taken to prohibit and prevent the illicit import, export and transfer of goods And Decision 460 on the protection and recovery of cultural objects of the archaeological, historical, ethnological, paleontological and artistic heritage of the Andean Community;

Recognizing that the importation, export or illicit transfer of cultural goods constitutes a serious injury to the preservation and preservation of the Cultural Heritage, irreversibly affecting the historical legacy of both nations, basis of their identities;

Admitting that the collaboration between the two States Parties for the recovery of cultural and other specific stolen, imported, exported or illicitly transferred constitutes one of the most effective means to protect and recognize the the right owner of each nation on their respective cultural assets;

Wishing to establish common rules for the recovery of cultural goods, in cases where they have been stolen, imported, exported or transferred illicitly;

You have agreed to the following:

ARTICLE I

1. Both States Parties undertake to prohibit and prevent the entry into their respective territories, of cultural goods and other specific ones from the other Contracting Party.

2. Only those cultural and heritage goods that have the respective certification and express permission of the Parties may be temporarily accepted by any of the States Parties, in accordance with the legal provisions of each Party. country.

3. Where the receiving State shows the absence of the certified authorization and expresses in the cultural goods imported and unlawfully transferred, it shall denounce the State of origin of the goods, proceeding to its immediate preventive seizure.

4. For the purposes of this Convention, they are referred to as 'heritage cultural property and other specific assets' to which the national laws of each country are set out in an unlimitative and non-limiting manner.

5. For the purposes of this Convention, cultural goods shall be understood as such:

(a) Archaeological objects from the pre-Columbian cultures of both countries, including architectural elements, sculptures, ceramic pieces, metal works, textiles and other material evidence of human activity or fragments of these;

(b) Paleontological objects and collections whether they are classified and certified of origin by either Party or not;

c) The objects or fragments of pieces of art, of religious and/or profane worship of the colonial and republican era protected by the legislation of both countries;

d) Documents from official archives of central, state, regional, departmental, prefectural, municipal and other public entities in accordance with the laws of each party, which are of property of these or religious organisations in favour of which both governments are empowered to act;

e) Antiquities such as coins, inscriptions and engraved stamps of any time and that the respective countries consider as members of their cultural heritage;

f) Goods of artistic interest such as paintings, paintings, drawings made entirely by hand on any medium or in any material, and the production of original statuesque and sculpture art in any material, recorded, stamped and original lithographs;

g) Rare and incunable manuscripts, books, documents and publications of historical, artistic, scientific, literary, etc., are loose or in collections;

h) Postal seals, tax stamps, and similar loose analogues in collections;

i) Files and phonographic, photographic and cinematographic material, held by official or private entities, protected by the legislation of each country;

j) Furniture and/or furniture including instruments of music of historical and cultural interest, with a 50-year age;

k) Ethnological material of ceremonial and utilitarian use as tissues, plumary art and others;

6. Also included are the cultural and documentary goods of private property that each State Party considers and which are protected by the national legislation of each Party, on which the respective valuation must be carried out, inventory and registration with competent entities.

ARTICLE II

1. At the express request of the competent authorities of the cultural administration of one of the Parties, the other shall use the legal means laid down in its public order to recover and return from its territory the property and specific cultural assets that have been stolen, imported, exported or unlawfully transferred from the territory of the requesting party.

2. As from the date of this Convention, orders for the recovery and return of cultural assets after accreditation of origin, authenticity and denunciation by the competent authorities shall be formalised by the channels. diplomats.

3. The costs inherent in the services intended for recovery and recovery referred to in the preceding number shall be borne by the required party.

ARTICLE III

1. The Parties shall inform the other of the theft of cultural goods that come to their knowledge, where there is reason to believe that such objects are likely to be introduced into international trade.

2. The Parties also undertake to exchange technical and legal information regarding cultural goods that are the subject of theft and/or illicit trafficking, as well as to train and disseminate such information to their respective authorities and police officers. ports, airports and borders, in order to facilitate their identification and enforcement of coercive prudential measures that correspond to each case.

3. The Parties undertake to exchange information aimed at identifying the subjects who, in the territory of each of them, have participated in the theft, import, export, illicit transfer and/or related criminal conduct.

4. For this purpose and on the basis of the police investigation carried out, it shall send to the other party sufficient descriptive information to permit the identification of the objects and also those who have participated in the theft, sale, import, illicit export and/or related criminal conduct, as well as the clarification of the operational mode used by criminals.

5. The Parties shall disseminate between their respective customs and police authorities of ports, airports, borders, information relating to cultural goods which have been the subject of theft and/or illicit trafficking, in order to facilitate their identification. and the application of the relevant precautionary measures.

6. The Parties also undertake to conduct internships and exchange information to update knowledge and coordinate bilateral activities in the adoption of measures to counter the illicit trade in cultural goods.

7. The Parties undertake to exchange information relating to goods which are free to circulate and which are not covered by the national protection regulations of each country, which will facilitate customs controls when entering or exit from each State Party.

8. Documents from one of the Parties which are to be filed in the territory of the other Party, which are processed by the competent authorities, shall not require authentication or any other similar formality.

ARTICLE IV

Both Contracting Parties agree to the total exemption of customs duties, in accordance with their domestic law, during the process of recovery and return of the cultural assets to the country of origin in application of the provisions of this Convention.

ARTICLE V

The Parties shall notify by diplomatic means the fulfilment of the internal legal requirements necessary for the entry into force of this Convention. The Convention shall enter into force after the second such notification has occurred.

ARTICLE VI

This Convention shall govern indefinitely. Either Party may report it by written notification to the other party, which shall enter into effect within 90 days of receipt of the latter. Without prejudice to the foregoing, applications initiated or submitted on the basis of this Convention and which are in progress at the time of the denunciation shall continue to be carried out until their normal conclusion, unless the Parties of the Common Deal with another thing.

Subscribed in the city of La Paz, on the twentieth day of August of the year two thousand one, in two original copies, both texts being equally authentic.

By the Government of the Republic of Colombia,

GUILLERMO FERNANDEZ DE SOTO,

Minister of Foreign Affairs.

By the Government of the Republic of Bolivia,

GUSTAVO FERNANDEZ SAAVEDRA,

Minister of Foreign Affairs and Cult.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., March 5, 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:

Article 1o. I approved the Convention between the Government of the Republic of Colombia and the Government of the Republic of Bolivia for the recovery of cultural and other specific stolen, imported or illicitly exported goods, City of La Paz, at twenty (20) days of the month of August of the year two thousand one (2001).

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the Convention between the Government of the Republic of Colombia and the Government of the Republic of Bolivia for the Recovery of Cultural and Other Specific Goods stolen, imported or exported illicitly, subscribed in the city of La Paz, at twenty (20) days of August of the year two thousand one (2001), which by the first article of this law is approved, will force the country from the date on which it is perfect the international link with respect to the same.

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 Ministries of Foreign Affairs and Culture.

The Foreign Minister,

CAROLINA BOAT ISAKSON.

The Minister of Culture,

MARIA CONSOLATION ARAUJO CASTRO.

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 Draft Law through which the CONVENTION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE REPUBLIC OF BOLIVIA FOR THE RECOVERY OF GOODS IS APPROVED CULTURAL AND OTHER SPECIFIC STOLEN, IMPORTED OR EXPORTED ILLICITLY the city of La Paz, at twenty (20) days of the month of August of the year two thousand one (2001).

The great variety of objects that make up the cultural heritage of each country are essential for the understanding of history and for the permanence of the collective memory of societies, a fundamental support of national identity.

These productions and their contexts are the true witnesses of the historical evolution of man, a valuable source of research and bond between the past, the present and the future.

However, it is a reality that these testimonies are being lost for many reasons, including the illicit trafficking, considered at the recent Summit of the Americas held in Quebec, as a threat multidimensional to the security of societies.

Governments have recognized the need to strengthen strategies to prevent the illicit trafficking of cultural goods and have committed themselves to actively cooperate, both at the national and international levels, to fight against this scourge.

Based on the principles of international cooperation, Unesco and ICOM have promoted the accession of multilateral and bilateral agreements that contribute to the protection of the cultural heritage of nations, constituted by the Existing cultural activities in their territory.

The Convention on the measures to be taken to prohibit and prevent the import, export and transfer of illicit property of cultural goods is the instrument, at international level, more effective in protecting goods cultural against the dangers that contribute to the impoverishment of the cultural heritage of the countries of origin.

Whereas bilateral cooperation contributes to the development and strengthening of the National Campaign against Illicit Trafficking in Cultural Property, promoted by the Colombian Ministry of Culture, where bilateral cooperation and Multilateral is fundamental to protect not only the patrimony of Colombia, but that of other countries.

passage] Given the above, the National Government, through its Foreign and Culture Ministers, requests the honorable Congress of the Republic to approve the AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF COLOMBIA. THE REPUBLIC OF BOLIVIA FOR THE RECOVERY OF CULTURAL GOODS AND OTHER SPECIFIC STOLEN, IMPORTED OR EXPORTED ILLICITLY, subscribed in the city of La Paz, at twenty (20) days of August of the year two thousand one (2001).

Of the honorable Congressmen,

The Foreign Minister,

CAROLINA BOAT ISAKSON.

The Minister of Culture,

MARIA CONSOLATION ARAUJO CASTRO.

ACT 424 OF 1998

(January 13)

by which follow up on the international
conventions signed by Colombia.

The Congress of Colombia

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 days of the legislative period, which begins every 20 years. July, 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 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 Ministry of Foreign Affairs. Second.

Article 3o. The full text of this law will be incorporated as an annex to each and every International Convention that the Ministry of Foreign Affairs presents to the Congress.

Article 4o. This law governs from its promulgation.

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 COLOMBIA
NATIONAL GOVERNMENT

Publish and execute.

Dada en Santa Fe de Bogotá, D. C., on January 13, 1998.

ERNESTO SAMPER PIZANO

The Foreign Minister,

MARIA EMMA MEJIA VELEZ.

Bogotá, D. C., June 9, 2003

Honorable Senator

LUIS ALFREDO RAMOS BOTERO

City

Honorable Senator.

Following instructions from the Board of the Second Committee of the Senate, I respectfully address you to inform you that to date the Secretariat of this Legislative Cell has not received the PONESTAS for the first debate of the following Draft laws, of which he has been appointed rapporteur, as follows:

number 211/03 Senate "By means of which the Agreement between the Government of the Republic of Ecuador and the Government of the Republic of Colombia on trade fairs and border events is approved", signed in the city of Quito, the twenty-nine (29) of September of the year two thousand (2000).

number 212/03 Senate " By means of which the Convention between the Government of the Republic of Colombia and the Government of the Republic of Bolivia for the recovery of cultural and other specific stolen, imported or exported goods is approved " subscribed in the city of La Paz, at twenty (20) days of the month of August of the year two thousand one (2001).

i would also like to remind you that the draft laws that have not received a discussion and approval in the first debate will be shelved in the course of the year. According to the Law 5th of 1992 and the Political Constitution of Colombia.

With my highest regard and respect.

Secretary General Commission Second Senate of the Republic,

FELIPE ORTIZ M.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

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:

ARTICLE 1o. Approve the " AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE REPUBLIC OF BOLIVIA FOR THE RECOVERY OF CULTURAL AND OTHER SPECIFIC STOLEN GOODS, IMPORTED OR EXPORTED ILLICITLY ", subscribed in the city of La Paz, at twenty (20) days of the month of August of the year two thousand one (2001).

ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the " AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE REPUBLIC OF BOLIVIA FOR THE RECOVERY OF CULTURAL GOODS AND OTHER SPECIFIC STOLEN, IMPORTED OR ILLICITLY EXPORTED ", subscribed in the city of La Paz, at twenty (20) days of the month of August of the year two thousand one (2001), which by article 1o of this law approves, will oblige 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,

BARBERI ' S CLAUDIA BLUM.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

JULY E. GALLARDO ARCHBOLD.

The Secretary General of the honorable House of Representatives,

ANGELINO LIZANO RIVERA.

COLOMBIA-NATIONAL GOVERNMENT

Communicate and comply.

Execute, upon review of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.

Dada en Bogotá, D. C., at 28 February 2006.

ALVARO URIBE VELEZ

The Deputy Minister of Foreign Affairs in charge of the office of the Foreign Minister,

CAMILO REYES RODRIGUEZ.