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Through Which The "who Framework Convention For Control Of Snuff", Done At Geneva, The Twenty (21) May Two Thousand And Three (2003) Is Approved

Original Language Title: Por medio de la cual se aprueba el "Convenio Marco de la OMS para el control del tabaco", hecho en Ginebra, el veintiuno (21) de mayo de dos mil tres (2003)

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LEY 1109 DE 2006

(December 27)

Official Journal No. 46.494 of 27 December 2006

CONGRESS OF THE REPUBLIC

By means of which the "WHO Framework Convention for Tobacco Control" is approved, made in Geneva, twenty-one (21) May of two thousand three (2003).

Vigency Notes Summary
Matches

COLOMBIA CONGRESS

Having seen the text of the "WHO Framework Convention for Tobacco Control", made in Geneva, twenty-one (21) of May two thousand three (2003), which to the letter says:

(To be transcribed: photocopy of the full text of the International Instrument mentioned).

WHO FRAMEWORK CONVENTION FOR TOBACCO CONTROL

PREAMBLE

The Parties to this Convention.

Determined to prioritize your right to protect public health,

Recognizing that the spread of the smoking epidemic is a worldwide problem with serious public health consequences, which requires the widest possible international cooperation and the participation of all countries in an effective, appropriate and comprehensive international response,

Taking into account the international community's concerns about the devastating health, social, economic and environmental consequences of tobacco use and tobacco smoke exposure worldwide,

Seriously concerned about increased consumption and production of cigarettes and other tobacco products around the world, particularly in developing countries, and the burden it imposes on families, the poor and in the national health systems,

Acknowledging that science has unequivocally demonstrated that tobacco use and exposure to tobacco smoke are causes of mortality, morbidity and disability, and that tobacco-related diseases do not appear immediately after the start of smoking or exposure to tobacco smoke, or to consume tobacco products in any other way,

Recognising further that cigarettes and some other tobacco-containing products are designed in a very sophisticated way in order to create and maintain dependency, which many of the compounds they contain and the smoke they produce are pharmacologically active, toxic, mutagenic and carcinogenic, and tobacco dependence is listed as a separate disorder in the major international classifications of diseases,

Recognizing also that there is clear scientific evidence that prenatal exposure to tobacco smoke generates adverse conditions for the child's health and development,

Deeply concerned by the significant increase in the number of smokers and tobacco users in other ways among children and adolescents worldwide, and particularly by the fact that it starts smoking at an increasingly early age,

Alarms by increasing the number of smokers of tobacco users in other ways among women and girls in the entire world and bearing in mind the need for full participation of women in all the levels of policy formulation and implementation, as well as the need for gender-specific tobacco control strategies,

Deeply concerned by the high number of members of indigenous people who smoke or otherwise consume tobacco,

Seriously concerned by the impact of all forms of advertising, promotion and sponsorship aimed at stimulating the consumption of tobacco products,

Recognizing that cooperative action is needed to eliminate all forms of illicit trafficking in cigarettes and other tobacco products, including smuggling, illicit manufacturing, and counterfeiting,

Recognising that tobacco control at all levels, and particularly in developing countries and countries with economies in transition, needs sufficient financial and technical resources adequate to the current and planned needs for tobacco control activities,

Recognizing the need to establish appropriate mechanisms to address the social and economic consequences that will have long-term success of tobacco demand reduction strategies,

Aware of the social and economic difficulties that tobacco control programs in some developing countries or economies in transition can generate in the medium and long term, and recognizing the need of technical assistance and financial assistance in the context of sustainable development strategies formulated at national level,

Aware of the valuable work on tobacco control by many States and highlighting the leadership of the World Health Organization and the efforts of other agencies and bodies in the the United Nations system, as well as other international and regional intergovernmental organizations in the establishment of tobacco control measures,

Highlighting the special contribution that non-governmental organizations and other members of civil society not affiliated with the tobacco industry, including organs of health professions, associations of women, young people, environmental and consumer advocates and health care and educational institutions have contributed to tobacco control activities at national and international level, as well as the decisive importance of their participation in national and international tobacco control activities,

Acknowledging the need to maintain vigilance in the face of any attempt by the tobacco industry to undermine or undermine tobacco control activities, and the need to be informed of the actions of the tobacco industry. tobacco industry which adversely affects tobacco control activities,

Remembering Article 12 of the International Covenant on Economic, Social and Cultural Rights, adopted by the United Nations General Assembly on December 16, 1966, in which it is stated that everyone has right to the highest possible level of physical and mental health,

Remembering also the preamble of the Constitution of the World Health Organization, in which it is stated that the enjoyment of the maximum degree of health that can be achieved is one of the fundamental rights of every human being without distinction of race, religion, political ideology or economic or social condition,

Decides to promote tobacco control measures based on current and relevant scientific, technical, and economic considerations,

Remembering that the Convention on the Elimination of All Forms of Discrimination against Women, adopted by the United Nations General Assembly on December 18, 1979, states that the Parties to that Convention shall take appropriate measures to eliminate discrimination against women in the field of medical care,

Remembering further that the Convention on the Rights of the Child, adopted by the United Nations General Assembly on 20 November 1989, states that the States Parties to the Convention recognize the right of the child to the highest possible level of health,

AGREED THE FOLLOWING:

PART I. INTRODUCTION.

ARTICLE 1. LIST OF EXPRESSIONS USED.

For the purposes of this Convention:

a) "illicit trade" is any practice or conduct prohibited by law, relating to the production, shipping, receipt, possession, distribution, sale or purchase, including any practice or conduct intended to facilitate such activity;

b) an "organization of regional economic integration" is an organization made up of sovereign states to which its Member States have transferred competence with respect to a variety of issues, including the faculty to make binding decisions for its Member States in relation to such matters;1

c) for "advertising and promotion of tobacco" means any form of communication, recommendation or commercial action for the purpose, effect or possible effect of directly or indirectly promoting a tobacco product or use of tobacco;

d) "tobacco control" includes various strategies for reducing supply, demand and harm in order to improve the health of the population by eliminating or reducing their consumption of tobacco products and their exposure to tobacco smoke;

e) the "tobacco industry" covers manufacturers, distributors, and importers of tobacco products;

(f) the expression "tobacco products" covers products prepared wholly or in part by using as raw material tobacco leaves and intended to be smoked, sucked, masseated or used as snuff;

g) by "tobacco sponsorship" means any form of contribution to any act, activity or individual for the purpose, effect or possible effect of directly or indirectly promoting a tobacco product or the use of tobacco.

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ARTICLE 2. RELATIONSHIP BETWEEN THIS CONVENTION AND OTHER AGREEMENTS AND LEGAL INSTRUMENTS

1. In order to better protect human health, Parties are encouraged to implement measures that go beyond the provisions of this Convention and their protocols, and nothing in these instruments will prevent a Party from imposing stricter requirements than are compatible with their provisions and in accordance with international law.

1.  Where appropriate, the term 'national' shall refer to regional economic integration organisations.

2. The provisions of the Convention and its Protocols shall in no way affect the right of the Parties to conclude bilateral or multilateral agreements, including regional or subregional agreements, on matters relating to the Convention and its protocols or additional questions, provided that such agreements are compatible with their obligations established by this Convention and its protocols. The Parties concerned shall notify those agreements to the Conference of the Parties through the Secretariat.

PART II. OBJECTIVE, BASIC PRINCIPLES AND GENERAL OBLIGATIONS.

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ARTICLE 3. OBJECTIVE.

The aim of this Convention and its protocols is to protect present and future generations from the devastating health, social, environmental and economic consequences of tobacco consumption and tobacco smoke exposure. providing a framework for tobacco control measures to be implemented by the Parties at national, regional and international levels in order to reduce the prevalence of tobacco use and exposure to tobacco smoke in a continuous and substantial manner. tobacco.

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ARTICLE 4. BASIC PRINCIPLES

In order to achieve the objectives of the Convention and its protocols and to implement its provisions, the Parties shall be guided, inter alia, by the following principles:

1. All must be informed of the health consequences, the addictive nature and the deadly threat of tobacco use and exposure to tobacco smoke, and legislative measures must be taken at the appropriate level of government, executive, administrative or other measures to protect all people from tobacco smoke.

2. A strong political commitment is required to establish and support, at national, regional and international level, comprehensive multi-sectoral measures and coordinated responses, taking into account the following:

a) the need to adopt measures to protect all people from exposure to tobacco smoke;

b) the need to adopt measures to prevent the onset, promotion and support of abandonment and to achieve a reduction in the consumption of tobacco products in any of its forms;

c) the need to adopt measures to promote the participation of indigenous people and communities in the development, implementation and evaluation of tobacco control programs that are socially and culturally appropriate for your needs and perspectives; and

d) the need to take steps to ensure that, when developing strategies for tobacco control, the risks specifically related to gender are taken into account.

3. International cooperation, in particular the transfer of technology, knowledge and financial assistance, as well as the provision of specialist advice, with the aim of establishing and implementing effective tobacco control programmes taking into account local cultural, social, economic, political and legal factors is an important element of this Convention.

4. Comprehensive multi-sectoral measures and responses to reduce the consumption of all tobacco products should be adopted at national, regional and international level in order to prevent, in accordance with the principles of public health, the incidence of of diseases, premature disability and mortality due to tobacco use and exposure to tobacco smoke.

5. Liability issues, as determined by each Party in its jurisdiction, are an important aspect of total tobacco control.

6. The importance of technical and financial assistance should be recognised and addressed in order to help make the economic transition to growers and workers whose livelihoods are severely affected as a result of the control of tobacco, in Parties that are developing countries and in those with economies in transition, and this should be done in the context of national sustainable development strategies.

7. The involvement of civil society is essential in order to achieve the objective of the Convention and its protocols.

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ARTICLE 5. GENERAL OBLIGATIONS

1. Each Party shall develop, implement, regularly update and review comprehensive national multi-sectoral tobacco control strategies, plans and programmes in accordance with the provisions of this Convention and the protocols to which it is has been adhered.

2. To that end, each Party, according to its capacity:

a) will establish or strengthen and fund a national coordinating mechanism or coordination centers for tobacco control; and

b) shall adopt and implement legislative, executive, administrative and/or other effective measures and shall cooperate, as appropriate, with other Parties in the development of appropriate policies to prevent and reduce consumption of tobacco, nicotine addiction and exposure to tobacco smoke.

3. In establishing and implementing their public health policies relating to tobacco control, the Parties shall act in a manner that protects such policies against the commercial interests and other vested interests of the tobacco industry. compliance with national legislation.

4. The Parties shall cooperate in the formulation of proposals on measures, procedures and guidelines for the implementation of the Convention and the protocols to which they have acceded.

5. The Parties shall cooperate as appropriate with international and regional intergovernmental organizations and other bodies competent to achieve the objectives of the Convention and the protocols to which they have acceded.

6. The Parties shall, in accordance with the means and resources at their disposal, cooperate in order to obtain financial resources to effectively implement the Convention through bilateral and multilateral financing mechanisms.

PART III. MEASURES RELATING TO THE REDUCTION OF THE DEMAND FOR TOBACCO.

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ARTICLE 6. MEASURES RELATED TO PRICES AND TAXES TO REDUCE THE DEMAND FOR TOBACCO

1. The Parties recognise that measures related to prices and taxes are an effective and important means for different sectors of the population, in particular young people, to reduce their tobacco consumption.

2. Without prejudice to the sovereign right of the Parties to decide and establish their own tax policy, each Party shall take into account its national health objectives as regards tobacco control and shall, as appropriate, adopt or maintain measures such as: the following:

a) apply to tobacco products tax policies and, if applicable, pricing policies to contribute to the achievement of health goals aimed at reducing tobacco consumption; and

b) prohibit or restrict, as appropriate, the sale and/or importation of duty-free and duty free tobacco products by international travelers.

3. In accordance with Article 21, in their regular reports to the Conference of the Parties, they shall communicate the tax rates applied to tobacco products and trends in the consumption of such products.

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ARTICLE 7. NON-PRICING MEASURES TO REDUCE THE DEMAND FOR TOBACCO

The Parties recognize that non-price-related comprehensive measures are an effective and important means of reducing tobacco consumption. Each Party shall adopt and implement legislative, executive, administrative or other effective measures which are necessary for the fulfilment of its obligations under Articles 8 to 13 and shall cooperate with the other Parties as appropriate, directly or through the competent international bodies, with a view to their compliance. The Conference of the Parties shall propose appropriate guidelines for the implementation of the provisions of those Articles.

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ARTICLE 8. PROTECTION AGAINST EXPOSURE TO TOBACCO SMOKE

1. The Parties recognise that science has unequivocally demonstrated that exposure to tobacco smoke is a cause of mortality, morbidity and disability.

2. Each Party shall adopt and implement, in areas of existing national jurisdiction and in accordance with national law, legislative, executive, administrative and/or other effective measures to protect against exposure to tobacco smoke. in indoor workplaces, public transport facilities, closed public places and, as appropriate, other public places, and will actively promote the adoption and implementation of such measures at other jurisdictional levels.

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ARTICLE 9. REGULATION OF THE CONTENT OF TOBACCO PRODUCTS

The Conference of the Parties, in consultation with the competent international bodies, shall propose guidelines on the analysis and measurement of the content and emissions of tobacco products and on the regulation of such content and emissions. Each Party shall adopt and implement legislative, executive and administrative measures or other effective measures approved by the competent national authorities to implement such analyses and measurements and that regulation.

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ARTICLE 10. REGULATION OF THE DISCLOSURE OF INFORMATION ON TOBACCO PRODUCTS

Each Party shall adopt and implement, in accordance with its national law, legislative, executive, administrative or other effective measures to require manufacturers and importers of tobacco products to disclose to the authorities information on the content and emissions of tobacco products. Each Party shall also adopt and implement effective measures to disclose to the public the information relating to the toxic components of tobacco products and the emissions they may produce.

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ARTICLE 11. PACKAGING AND LABELING OF TOBACCO PRODUCTS

1. Each Party shall, within a period of three years from the entry into force of the Convention for that Party, adopt and implement in accordance with its national legislation effective measures to achieve the following:

(a) that in the packages and labels of tobacco products a tobacco product is not promoted in a false, misleading or misleading way or that it can mislead with respect to its characteristics, health effects, risks or emissions, and no term of use is made of any term, descriptive, factory or trade marks, figurative or other signs having the direct or indirect effect of creating the false impression that a particular tobacco product is less harmful than others, e.g. expressions such as "low tar content", "lightweight", "ultra light" or "soft"; and

b) that health warnings describing the harmful effects of tobacco use are also included in all packages and packaging of tobacco products and in all packaging and external labelling of tobacco products. other appropriate messages may be included. Such warnings and messages:

i) shall be approved by the competent national authorities;

ii) will be rotating;

iii) will be large, clear, visible, and readable;

iv) should occupy 50% or more of the main exposed surfaces and in no case less than 30% of the main surfaces exposed;

v) may consist of images or pictograms, or include them.

2. All packages and packaging of tobacco products and any packaging and external labeling thereof, in addition to the warnings specified in paragraph 1(b) of this article, shall contain information on the relevant components of tobacco products and of their emissions in accordance with the provisions defined by the national authorities.

3. Each Party shall require that the warnings and textual information specified in paragraphs 1(b) and 2 of this Article are included in all packages and packaging of tobacco products and in all packaging and labelling external to them in their language or main languages.

4. For the purposes of this Article, the expression 'external packaging and labelling' in relation to tobacco products applies to all packaging and labelling used in the retail sale of the product.

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ARTICLE 12. EDUCATION, COMMUNICATION, TRAINING AND PUBLIC AWARENESS

Each Party will promote and strengthen public awareness of tobacco control issues by using all available communication tools appropriately. To this end, each Party shall adopt and implement legislative, executive, administrative or other effective measures to promote the following:

a) broad access to comprehensive and effective education and public awareness programs on the health risks of tobacco use and tobacco smoke exposure, including their properties addictive;

b) the public's awareness of the risks to health caused by tobacco use and exposure to tobacco smoke, as well as the benefits of smoking cessation and the use of tobacco. life without tobacco, as specified in paragraph 2 or Article 14;

c) public access, in accordance with national law, to a wide variety of information on the tobacco industry that is of interest to the objective of this Convention;

d) effective and appropriate programmes of training or awareness raising and awareness-raising on tobacco control aimed at people such as health professionals, community workers, social workers, communication professionals, educators, policy makers, administrators and other stakeholders;

e) the awareness and participation of public and private bodies and non-governmental organisations not associated with the tobacco industry in the elaboration and implementation of cross-sectoral programmes and strategies control of tobacco; and

f) public knowledge and access to information about the adverse health, economic and environmental consequences of tobacco production and consumption.

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ARTICLE 13. ADVERTISEMENT, PROMOTION AND SPONSORSHIP OF TOBACCO

1. The Parties recognise that a total ban on advertising, promotion and sponsorship would reduce the consumption of tobacco products.

2. Each Party shall, in accordance with its constitution or constitutional principles, prohibit all forms of advertising, promotion and sponsorship of tobacco. This prohibition shall include, in accordance with the legal environment and the technical means available to the Party concerned, a total ban on cross-border advertising, promotion and sponsorship originating in its territory. In this respect, each Party shall, within five years of the entry into force of the Convention for the Party concerned, adopt legislative, executive, administrative or other appropriate measures and shall report accordingly. compliance with Article 21.

3. The Party which is not in a position to proceed to a total ban due to the provisions of its constitution or its constitutional principles shall apply restrictions to all forms of tobacco advertising, promotion and sponsorship. Such restrictions shall be purchased in accordance with the legal environment and the technical means available to the Party concerned, the restriction or a total ban on advertising, promotion and sponsorship originating in its territory. have cross-border effects. In this respect, each Party shall take legislative, executive, administrative or other appropriate measures and shall report accordingly in accordance with Article 21.

4. At least, and in accordance with its constitution or constitutional principles, each Party shall:

a) will prohibit all forms of tobacco advertising, promotion and sponsorship that promote a tobacco product by any means that is false, misleading or misleading in any other way or that may create an erroneous impression with respect to its characteristics, health effects, risks or emissions;

b) shall require that all tobacco advertising and, as appropriate, its promotion and sponsorship, be accompanied by a warning or a health message or other relevant type;

c) will restrict the use of direct or indirect incentives that encourage the purchase of tobacco products by the population;

d) will require, if it has not adopted a total ban, that the expenditure incurred by the tobacco industry in advertising, promotion and sponsorship activities not yet be disclosed to the competent government authorities prohibited. Those authorities may decide that those figures, subject to the provisions of national law, shall be made available to the public and to the Conference of the Parties in accordance with Article 21;

e) will proceed within five years to a total ban or, if the Party cannot impose a total ban due to its constitution or constitutional principles, to the restriction of advertising, promotion and sponsorship by radio, television, print media and, as appropriate, other means, such as the Internet; and

f) shall prohibit or, if the Party may not impose the prohibition due to its constitution or constitutional principles, restrict the sponsorship of international events and activities or of participants in the by tobacco companies.

5. The Parties are encouraged to implement measures that go beyond the obligations set out in paragraph 4.

6. The Parties shall cooperate in the development of technologies and other means necessary to facilitate the elimination of cross-border advertising.

7. Parties which have prohibited certain forms of tobacco advertising, promotion and sponsorship shall have the sovereign right to prohibit the forms of cross-border advertising, promotion and sponsorship of tobacco products which penetrate their territory, as well as imposing the same penalties provided for on advertising, promotion and sponsorship originating in its territory, in accordance with national law. This paragraph does not endorse or endorse any particular sanction.

8. The Parties shall consider the development of a protocol establishing appropriate measures requiring international collaboration to prohibit completely cross-border advertising, promotion and sponsorship.

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ARTICLE 14. MEASURES TO REDUCE DEMAND RELATED TO TOBACCO DEPENDENCE AND ABANDONMENT

1. Each Party shall develop and disseminate appropriate, comprehensive and integrated guidelines, based on scientific evidence and best practices, taking into account national circumstances and priorities, and adopt effective measures to promote the abandonment of tobacco use and the proper treatment of tobacco dependence.

2. To this end, each Party shall endeavour to:

a) devise and implement effective programs to promote the abandonment of tobacco consumption in places such as educational institutions, health units, workplaces, and sports environments;

b) incorporate the diagnosis and treatment of tobacco dependence and tobacco cessation counseling services in national health and education programs, plans and strategies, with the participation of health professionals, community workers and social workers, as appropriate;

c) establish in health and rehabilitation centers diagnostic programs, counseling, prevention, and treatment of tobacco dependence; and

d) collaborate with other Parties to facilitate the accessibility and affordability of tobacco dependency treatments, including pharmaceutical products, in accordance with Article 22. These products and their components may be used in cough, products used to administer medicines and diagnostic means where appropriate.

PART IV. MEASURES RELATING TO THE REDUCTION OF THE SUPPLY OF TOBACCO.

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ARTICLE 15. ILLICIT TRADE IN TOBACCO PRODUCTS

1. The Parties recognise that the elimination of all forms of illicit trade in tobacco products, such as smuggling, illicit manufacturing and counterfeiting, and the development and implementation of such forms of trade in tobacco products, Sub-regional, regional and global agreements are essential components of tobacco control.

2. Each Party shall adopt and implement legislative, executive, administrative or other effective measures to ensure that all packages or packages of tobacco products and any external packaging of tobacco products bear an indication that it helps the Parties to determine the origin of tobacco products and, in accordance with national legislation and relevant bilateral or multilateral agreements, assist Parties in determining the point of diversion and monitoring, documenting and controlling the movement of tobacco products and their legal status. In addition, each Party:

a) will require all packages and packaging of tobacco products for retail and wholesale use to be sold on its internal market to bear the statement: " Authorized sale only on (insert the the name of the country or subnational, regional or federal unit) ", or any other useful indication on which the final destination appears or which helps the authorities to determine whether the sale of the product in the country is legally authorised internal market; and

b) will examine, as appropriate, the possibility of establishing a practical monitoring and location regime that would give more guarantees to the distribution system and assist in the investigation of illicit trade.

3. Each Party shall require that the information or particulars to be packaged in accordance with paragraph 2 of this Article appear in legible form and/or in the language or languages of the country.

4. With a view to eliminating the illicit trade in tobacco products, each Party:

a) will track cross-border trade in tobacco products, including illicit trade, gather data on the particular issue and exchange information between customs, tax and other authorities. authorities, as appropriate and in accordance with relevant national legislation and relevant bilateral or multilateral agreements;

b) will enact or strengthen legislation with appropriate sanctions and resources, against illicit trade in tobacco products, including counterfeit and contraband cigarettes;

c) will take appropriate measures to ensure that all counterfeit and counterfeit cigarettes and tobacco products and all manufacturing equipment and these that have been seized are destroyed by applying methods. harmless to the environment where feasible, or disposed of in accordance with national legislation;

(d) shall adopt and implement measures to monitor, document and control the storage and distribution of tobacco products that are or are deployed in their jurisdiction under the suspension of taxes or rights; and

e) shall take the necessary measures to enable the seizure of the proceeds from the illicit trade in tobacco products.

5. The information collected in accordance with paragraphs 4(a) and 4(d) of this Article shall be transmitted, as appropriate, in a comprehensive manner by the Parties in their periodic reports to the Conference of the Parties, in accordance with Article 21.

6. The Parties shall promote, as appropriate and in accordance with national law, cooperation between national bodies, as well as between relevant regional and international intergovernmental organisations, as regards investigations, judicial proceedings and proceedings with a view to eliminating the illicit trade in tobacco products. Particular attention will be paid to cooperation at regional and sub-regional level to combat the illicit trade in tobacco products.

7. Each Party shall endeavour to adopt and implement additional measures, such as the issuing of licences, where appropriate, to control or regulate the production and distribution of tobacco products in order to prevent illicit trade.

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ARTICLE 16. SALES TO MINORS AND MINORS

1. Each Party shall adopt and apply at the appropriate governmental level legislative, executive, administrative or other effective measures to prohibit the sale of tobacco products to minors who determine domestic law, national legislation or to those under the age of 18. Those measures may consist of

following:

a) require that all sellers of tobacco products indicate, in a clear and prominent notice located within their premises, the prohibition of the sale of tobacco products to minors and, in case of doubt, request that each tobacco buyer demonstrate that he has reached the age of majority;

b) prohibit tobacco products for sale from being directly accessible, such as on store shelves;

c) prohibit the manufacture and sale of sweets, snacks, toys, and other objects that have the form of tobacco products and may be attractive to minors; and

d) ensure that tobacco vending machines under their jurisdiction are not accessible to minors and do not promote the sale of tobacco products to minors.

2. Each Party shall prohibit or promote the prohibition of the free distribution of tobacco products to the public and especially to minors.

3. Each Party shall seek to prohibit the sale of loose cigarettes or small packages that make those products more affordable to minors.

4. The Parties recognise that, in order to be more effective, measures aimed at preventing the sale of tobacco products to minors should, where appropriate, be applied in conjunction with other provisions provided for in this Convention.

5. When signing, ratifying, accepting or approving this Convention or acceding to it, or at any later time, any Party may indicate by a written declaration that it undertakes to prohibit the introduction of tobacco vending machines within their jurisdiction or, as appropriate, to completely prohibit tobacco vending machines. The Depositary shall distribute to all Parties to the Convention the declarations made in accordance with this Article.

6. Each Party shall adopt and implement legislative, executive, administrative or other effective measures, including sanctions against vendors and distributors, to ensure compliance with the obligations set out in paragraphs 1. to 5 of this Article.

7. Each Party should adopt and implement, as appropriate, legislative, executive, administrative or other effective measures to prohibit the sale of tobacco products by persons of a lower age than that laid down in domestic legislation, the national legislation or by less than 18 years of age.

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ARTICLE 17. SUPPORTING ECONOMICALLY VIABLE ALTERNATIVE ACTIVITIES

The Parties, in cooperation with each other and with the relevant international and regional intergovernmental organizations, shall promote economically viable alternatives for workers, growers and eventually, the small tobacco vendors.

PART V. PROTECTION OF THE ENVIRONMENT.

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ARTICLE 18. PROTECTION OF THE ENVIRONMENT AND HEALTH OF PEOPLE

In compliance with their obligations under this Convention, the Parties agree to pay due attention to the environmental protection and health of persons in relation to the environment as regards the cultivation of tobacco and the manufacture of tobacco products, in their respective territories.

PART VI. ISSUES RELATING TO LIABILITY.

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ARTICLE 19. RESPONSIBILITY

1. For the purposes of tobacco control, the Parties shall consider the adoption of legislative measures or the promotion of their existing laws, where necessary, in order to address criminal and civil liability, including compensation where appropriate.

2. The Parties shall cooperate with each other in the exchange of information through the Conference of the Parties, in accordance with Article 21, namely:

a) information, in accordance with paragraph 3 (a) of Article 20, on the health effects of tobacco products consumption and tobacco smoke exposure; and

b) information on current legislation and regulations and on relevant case law.

3. The Parties, as appropriate and as agreed to each other, within the limits of national laws, policies and legal practices, as well as applicable treaties, shall be mutually assisted in the proceedings. judicial matters relating to civil and criminal liability in a manner consistent with this Convention.

4. The Convention shall not affect the Parties ' rights of access to the courts of the other Parties, where such rights exist, or limit them in any way.

5. The Conference of the Parties may consider, if possible, at an early stage, taking into account ongoing work in relevant international fora, issues related to liability, including international approaches appropriate to such matters and appropriate means to support the Parties, upon request, in their legislative or other activities in accordance with this Article.

PART VII. TECHNICAL AND SCIENTIFIC COOPERATION AND INFORMATION COMMUNICATION.

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ARTICLE 20. RESEARCH, SURVEILLANCE AND EXCHANGE OF INFORMATION

1. The Parties undertake to develop and promote national research and to coordinate regional and international research programmes on tobacco control. To that end, each Party:

a) shall initiate, directly or through international and regional intergovernmental organizations and other competent bodies, scientific investigations and evaluations, cooperate in them and promote and encourage research to address the determinants and consequences of tobacco use and exposure to tobacco smoke and research to identify alternative crops; and

b) will promote and strengthen, with the support of international and regional intergovernmental organizations and other competent bodies, training and support for all those engaged in activities of control of tobacco, including research, implementation and evaluation.

2. The Parties shall establish, as appropriate, national, regional and global surveillance programmes of the magnitude, guidelines, determinants and consequences of tobacco consumption and tobacco smoke exposure. To this end, the Parties shall integrate tobacco monitoring programmes into national, regional and global health surveillance programmes so that data can be collated and analysed at regional and international level, as appropriate.

3. The Parties recognise the importance of financial and technical assistance from international and regional intergovernmental organisations and other bodies. Each Party shall endeavour:

a) progressively establish a national system for the epidemiological surveillance of tobacco consumption and related social, economic and health indicators;

b) cooperate with international and regional intergovernmental organizations and other competent bodies, including governmental and non-governmental bodies, in the regional and global monitoring of tobacco and in the exchange of information on the indicators specified in paragraph 3 (a) of this Article; and

c) cooperate with the World Health Organization in the development of guidelines or general procedures to define the collection, analysis and dissemination of surveillance data related to the tobacco.

4. The Parties shall, in accordance with national law, promote and facilitate the exchange of scientific, technical, socio-economic, commercial and legal information in the public domain, as well as information on the practices of the tobacco industry. and on the cultivation of tobacco, which is relevant to this Convention, and in so doing shall take into account and address the special needs of Parties that are developing countries or have economies in transition. Each Party shall endeavour:

a) establish progressively and maintain an updated database on tobacco control laws and regulations and, as appropriate, information on their application, as well as on relevant case-law, and cooperate in the development of tobacco control programmes at regional and global level;

b) compile progressively and update data from national surveillance programs, in accordance with paragraph 3 (a) of this Article; and

c) cooperate with competent international organizations to progressively establish and maintain a global system in order to gather regularly and disseminate information on tobacco production and manufacturing; and on the activities of the tobacco industry which have an impact on this Convention or on national tobacco control activities.

5. The Parties shall be required to operate in regional and international intergovernmental organizations and in the financial and development institutions to which they belong, in order to encourage and encourage the provision of technical and financial resources to the Secretariat of the Convention to assist Parties that are developing countries or have economies in transition to meet their commitments to surveillance, research and exchange of information.

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ARTICLE 21. REPORTING AND SHARING INFORMATION

1. Each Party shall submit to the Conference of the Parties, through the Secretariat, regular reports on its implementation of the Convention, which should include the following:

a) information on legislative, executive, administrative or other measures taken to implement the Convention;

b) information, as appropriate, on any limitation or obstacle arising in the application of the Convention and on the measures taken to overcome these obstacles;

c) information, as appropriate, on financial or technical assistance provided or received for tobacco control activities;

d) information on the surveillance and investigation specified in Article 20; and

e) information as specified in Articles 6.3, 13.2, 13.3, 13.4 (d), 15.5, and 19.2.

2. The frequency and presentation of such reports from all Parties shall be determined by the Conference of the Parties. Each Party shall draw up its initial report within two years of the entry into force of this Convention for that Party.

3. The Conference of the Parties, in accordance with Articles 22 and 26, shall consider mechanisms to assist Parties that are developing countries or have economies in transition, at the request of those Parties, to meet their stipulated obligations. in this article.

4. The submission of reports and the exchange of information provided for in this Convention shall be subject to national law on confidentiality and privacy. The Parties shall, by common agreement, protect all confidential information exchanged.

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ARTICLE 22. SCIENTIFIC, TECHNICAL AND LEGAL COOPERATION AND PROVISION OF SPECIALIST ADVICE

1. The Parties shall cooperate directly or through the competent international bodies in order to strengthen their capacity to fulfil the obligations of this Convention, taking into account the needs of the Parties that are countries. in development or have economies in transition. Such cooperation shall promote the transfer of technical, scientific and legal expertise and technology, as decided by common agreement, with a view to establishing and strengthening national strategies, plans and programmes of control of tobacco intended, inter alia, to the following:

a) facilitate the development, transfer and acquisition of technology, knowledge, skills, capacity and technical competence related to tobacco control;

b) provide technical, scientific, legal and other advice in order to establish and strengthen national tobacco control strategies, plans and programmes, with a view to the implementation of the Convention by means of other things, the following:

i) helps, when requested, to create a sound legislative basis, as well as technical programs, in particular programs to prevent the onset of tobacco use, promotion of tobacco abandonment and protection against exposure to tobacco smoke;

ii) helps, as appropriate, tobacco workers to economically and legally develop appropriate alternative livelihoods that are economically and legally viable;

iii) helps, as appropriate, tobacco growers to effect the transition from agricultural production to alternative crops in an economically viable manner;

c) support appropriate training or awareness programmes for relevant personnel, as provided for in Article 12;

d) provide, as appropriate, the necessary material, equipment and supplies, as well as logistical support, for tobacco control strategies, plans and programs;

e) determine tobacco control methods, including comprehensive nicotine addiction treatment; and

f) promote, as appropriate, research aimed at improving the affordability of comprehensive nicotine addiction treatment.

2. The Conference of the Parties shall promote and facilitate the transfer of technical, scientific and legal expertise and technology with guaranteed financial support in accordance with Article 26.

PART VIII.  INSTITUTIONAL ARRANGEMENTS AND FINANCIAL RESOURCES.

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ARTICLE 23. CONFERENCE OF THE PARTIES

1. A Conference of the Parties is hereby established. The first meeting of the Conference of the Parties shall be convened by the World Health Organization not later than one year after the entry into force of this Convention. The Conference shall determine at its first meeting the place and dates of subsequent meetings to be held regularly.

2. Extraordinary meetings of the Conference of the Parties shall be held on occasions when deemed necessary by the Conference, or where any of the Parties so request in writing, provided that, within six months of the date of the application is communicated to the Parties by the Secretariat of the Convention, receiving the support of at least one third of the Parties.

3. The Conference of the Parties shall adopt by consensus its Rules of Procedure at its first meeting.

4. The Conference of the Parties shall adopt by consensus its rules of financial management, which shall also govern the financing of any subsidiary body it may establish, as well as the financial provisions governing the operation of the Secretariat. At each regular meeting, a budget for the financial year shall be adopted until the next regular meeting.

5. The Conference of the Parties shall regularly review the implementation of the Convention, take the necessary decisions to promote its effective implementation and may adopt protocols, annexes and amendments to the Convention in accordance with the provisions of the Convention. Articles 28, 29 and 33. To do this:

a) shall promote and facilitate the exchange of information in accordance with Articles 20 and 21;

b) shall promote and guide the establishment and periodic improvement of comparable data research and collection methodologies, in addition to those provided for in Article 20, which are relevant to the application of the Convention;

c) will promote, as appropriate, the development, implementation and evaluation of strategies, plans, programs, policies, legislation, and other measures;

d) shall consider reports submitted to it by the Parties in accordance with Article 21 and shall adopt regular reports on the implementation of the Convention;

e) shall promote and facilitate the mobilisation of financial resources for the implementation of the Convention in accordance with Article 26;

f) shall establish the subsidiary organs necessary to meet the objective of the Convention;

g) shall seek, where appropriate, the services, cooperation and information of the organizations and bodies of the United Nations system and other intergovernmental and non-governmental organizations and bodies competent and relevant international and regional as a means to strengthen the implementation of the Convention; and

h) shall consider other measures, as appropriate, to achieve the objective of the Convention, bearing in mind the experience gained in its implementation.

6. The Conference of the Parties shall establish the criteria for the participation of observers in their meetings.

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ARTICLE 24. SECRETARIAT

1. The Conference of the Parties shall appoint a permanent secretariat and shall adopt provisions for its operation. The Conference of the Parties shall endeavour to do this at its first meeting.

2. Until a permanent secretariat has been designated and established, the Secretariat functions of this Convention shall be the responsibility of the World Health Organization.

3. The functions of the Secretariat shall be as follows:

a) adopt provisions for meetings of the Conference of the Parties and any of its subsidiary bodies and provide them with the necessary services;

b) transmit the reports that you have received under the Convention;

c) provide support to the Parties, in particular to those in developing countries or to economies in transition, upon request, in the collection and transmission of the information required in accordance with the provisions of the Convention;

d) prepare reports on their activities under this Convention, following the guidance of the Conference of the Parties, and submit them to the Conference of the Parties;

e) ensure, under the guidance of the Conference of the Parties, the necessary coordination with international and regional intergovernmental organizations and other competent bodies;

f) to arrange, under the guidance of the Conference of the Parties, the administrative and contractual arrangements necessary for the effective exercise of their functions; and

g) to perform other secretarial functions specified in the Convention and in any of its protocols, and to be determined by the Conference of the Parties.

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ARTICLE 25. RELATIONS BETWEEN THE CONFERENCE OF THE PARTIES AND INTERGOVERNMENTAL ORGANIZATIONS

To provide technical and financial cooperation in order to achieve the objective of this Convention, the Conference of the Parties may request the cooperation of competent international and regional intergovernmental organizations, including financing and development institutions.

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ARTICLE 26. FINANCIAL RESOURCES

1. The Parties recognise the importance of financial resources for achieving the objective of this Convention.

2. Each Party shall provide financial support for its national activities aimed at achieving the objective of the Convention, in accordance with its national plans, priorities and programmes.

3. The Parties shall promote, as appropriate, the use of bilateral, regional, sub-regional and other multilateral channels to finance the development and strengthening of comprehensive multi-sectoral tobacco control programmes. Parties that are developing countries and those that have economies in transition. Therefore, economically viable alternatives to tobacco production, including crop diversification, should be addressed and supported in the context of national sustainable development strategies.

4. The Parties represented in regional and international intergovernmental organizations and relevant financial and development institutions shall encourage these entities to provide financial assistance to the Parties that are countries in development and those with economies in transition to assist them in fulfilling their obligations under this Convention, without limiting the rights of participation in those organisations.

5. The Parties agree to the following:

a) in order to assist the Parties in fulfilling their obligations under the Convention, they should be mobilised and used for the benefit of all Parties, in particular developing countries and countries with economies in transition, all relevant, existing or potential resources, whether financial, technical or otherwise, both public and private, available for tobacco control activities;

b) The Secretariat shall inform Parties that are developing countries and those with economies in transition, upon request, on available sources of financing to facilitate their compliance with their obligations under the Convention;

c) the Conference of the Parties to its first meeting shall examine existing and potential sources and mechanisms of assistance on the basis of a study conducted by the Secretariat and other relevant information; and consider their suitability; and

d) The results of this review will be taken into account by the Conference of the Parties in determining the need to improve existing mechanisms or establish a voluntary global fund or other mechanisms. appropriate financial resources to channel additional financial resources, as necessary, to Parties that are developing countries and to those with economies in transition to assist them in achieving the objectives of the Convention.

PART IX. DISPUTE SETTLEMENT.

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ARTICLE 27. DISPUTE RESOLUTION

1. If a dispute arises between two or more Parties with respect to the interpretation or application of this Convention, those Parties shall endeavour to resolve the dispute through diplomatic means through negotiation or any other peaceful means of their choice, for example good offices, mediation or conciliation. The failure to reach an agreement through good offices, mediation or conciliation will not exempt the Parties from the responsibility of continuing to try to resolve it.

2. By ratifying, accepting, approving or officially confirming the Convention, by joining it, or at any time thereafter, a State or regional economic integration organization may declare in writing to the Depositary that, in the event of Dispute not resolved in accordance with paragraph 1 of this Article, accepts as mandatory a special arbitration in accordance with the procedures to be adopted by consensus of the Conference of the Parties.

3. The provisions of this Article shall apply to all protocols and to the Parties to such protocols, unless otherwise provided for.

PART X. DEVELOPMENT OF THE CONVENTION.

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ARTICLE 28. AMENDMENTS TO THIS CONVENTION

1. Either Party may propose amendments to this Convention. Those amendments shall be examined by the Conference of the Parties.

2. Amendments to the Convention shall be adopted by the Conference of the Parties. The text of the draft amendment shall be communicated to the Parties by the Secretariat at least six months before the meeting at which its adoption is proposed. The Secretariat shall also communicate the draft amendments to the signatories to the Convention and, for information, to the Depositary.

3. The Parties shall make every effort to reach agreement by consensus on any proposed amendment to the Convention. If all possibilities of reaching a consensus agreement are exhausted, as a last resort the amendment will be adopted by a three-quarter majority of the Parties present and voters at the meeting. For the purposes of this Article, "Parties present and voters" means Parties present that cast a vote for or against. The Secretariat shall communicate any amendment adopted to the Depositary. The Depositary shall be made available to all Parties for acceptance.

4. The instruments of acceptance of the amendments shall be submitted to the Depositary. Amendments adopted in accordance with paragraph 3 of this Article shall enter into force for the Parties which have accepted them on the ninetieth day from the date on which the Depositary has received instruments of acceptance for the less than two thirds of the Parties to the Convention.

5. The amendments shall enter into force for the other Parties on the ninetieth day from the date on which the instrument of acceptance of the amendments in question has been submitted to the Depositary.

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ARTICLE 29. ADOPTION AND AMENDMENT OF THE ANNEXES TO THIS CONVENTION

1. The Annexes and amendments to this Convention shall be proposed, adopted and entered into force in accordance with the procedure laid down in Article 28.

2. The Annexes to the Convention shall form an integral part of the Convention and, unless otherwise expressly provided, any reference to the Convention shall at the same time be a reference to its Annexes.

3. Only lists, forms and other descriptive materials relating to procedural matters and scientific, technical or administrative aspects shall be included in the Annexes.

PART XI. FINAL PROVISIONS.

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ARTICLE 30. RESERVATIONS.

No reservations may be made to this Convention.

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ARTICLE 31.  COMPLAINT

1. At any time after a period of two years from the date of entry into force of the Convention for a Party, that Party may denounce the Convention, upon written notification to the Depositary.

2. The complaint shall take effect after a year from the date on which the Depositary has received the relevant notification or, at the later date, indicated in that notification.

3. The Party denouncing the Convention shall be deemed to have also denounced any protocol in which it is a Party.

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ARTICLE 32. VOTING RIGHTS

1. Subject to the provisions of paragraph 2 of this Article, each Party to the Convention shall have one vote.

2. Regional economic integration organisations shall exercise their right to vote with a number of votes equal to the number of their Member States which are Parties to the Convention in matters of their competence. Such organisations shall not exercise their right to vote if any of their Member States exercises their right, and vice versa.

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ARTICLE 33. PROTOCOLS.

1. Any Party may propose protocols. These proposals shall be examined by the Conference of the Parties.

2. The Conference of the Parties may adopt protocols to this Convention. When adopting such protocols, every effort must be made to reach a consensus. If all possibilities of reaching a consensus agreement are exhausted, as a last resort the protocol will be adopted by a three-quarter majority of the Parties present and voters at the meeting. For the purposes of this Article, "Parties present and voters" means Parties present that cast a vote for or against.

3. The text of any proposed protocol shall be communicated to the Parties by the Secretariat at least six months before the meeting at which it is to be proposed for adoption.

4. Only the Parties to the Convention may be Parties to a Protocol to the Convention.

5. Any Protocol to the Convention shall be binding only on the Parties to the Protocol in question. Only the Parties to a protocol may take decisions on matters exclusively related to the protocol in question.

6. The conditions for the entry into force of the Protocol shall be those laid down by that instrument.

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ARTICLE 34. FIRST.

This Convention shall be open to the signature of all Members of the World Health Organization, of any State other than a Member of the World Health Organization but a member of the United Nations, as well as of the regional economic integration organisations, at the headquarters of the World Health Organisation, in Geneva, from 16 June 2003 to 22 June 2003, and subsequently at the United Nations Headquarters in New York from 30 June 2003. June 2003 to June 29, 2004.

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ARTICLE 35. RATIFICATION, ACCEPTANCE, APPROVAL, OFFICIAL CONFIRMATION OR ACCESSION

1. The Convention shall be subject to the ratification, acceptance, approval or accession of the States and to the official confirmation or accession of the regional economic integration organisations. It shall be open for accession from the day following the date on which the Convention is closed to the signature. Instruments of ratification, acceptance, approval, official confirmation or accession shall be deposited with the Depositary.

2. Regional economic integration organisations which become Parties to the Convention without any of their Member States shall be subject to all the obligations incumbent upon them under the Convention. In the case of organisations which have one or more Member States which are Parties to the Convention, the organisation and its Member States shall determine their respective responsibility for the fulfilment of the obligations incumbent upon them under the Convention. of the Convention. In such cases, the organisation and the Member States may not exercise the rights conferred by the Convention at the same time.

3. Regional economic integration organisations shall express in their instruments of official confirmation or accession the extent of their competence with respect to the matters governed by the Convention. Those organisations shall also communicate to the Depositary any substantial modification within the scope of their competence and the Depositary shall in turn communicate it to the Parties.

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ARTICLE 36. ENTRY INTO FORCE.

1. This Convention shall enter into force on the ninetieth day from the date on which the 40th instrument of ratification, acceptance, approval, official confirmation or accession has been deposited with the Depositary.

2. For each State ratifying, accepting, approving the Convention or acceding to it after the conditions relating to the entry into force laid down in paragraph 1 of this Article have been satisfied, the Convention shall enter into force on the ninetieth day. counted from the date on which the State has deposited its instrument of ratification, acceptance, approval or accession.

3. For each regional economic integration organisation which deposits an instrument of official confirmation or accession, once the conditions relating to the entry into force provided for in paragraph 1 of this Article are satisfied, the Convention shall enter into force on the ninetieth day from the date on which the organisation has deposited its instrument of official confirmation or accession.

4. For the purposes of this Article, instruments deposited by a regional economic integration organisation shall not be considered as additional to those deposited by the Member States of that organisation.

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ARTICLE 37. DEPOSITARY.

The Secretary-General of the United Nations shall be the Depositary of the Convention, the amendments thereto, and the protocols and annexes approved in accordance with Articles 28, 29 and 33.

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ARTICLE 38. AUTHENTIC TEXTS.

The original of this Convention, whose Arabic, Chinese, Spanish, French, English, and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

IN TESTIMONY OF WHICH, the undersigned duly authorized for such purposes, have signed this Convention.

FACT in GENEVA, on the twenty-first day of May two thousand three.

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Bogotá, D. C., 1 October 2004

Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.

(Fdo.) ALVARO URIBE VELEZ

The Foreign Minister,

(FDO.) CAROLINA BOAT ISACKSON.

DECRETA:

Article 1o. I endorsed the "WHO Framework Convention for Tobacco Control", made in Geneva, the twenty-first (21) of May two thousand three (2003).

Article 2o. In accordance with the provisions of Article 1 of Law 7a of 1944, the "WHO Framework Convention for Tobacco Control", made in Geneva, the twenty-first (21) of May, two thousand three (2003), which by the first article 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.

Dada en Bogotá, D. C., a los ...

Presented to the honorable Congress of the Republic by the Minister of the Interior and Justice, the Minister of Foreign Affairs, the Minister of Agriculture and Rural Development, the Minister of Social Protection, the Minister of Trade, Industry and Tourism, the Minister of National Education and the Minister of Environment, Housing and Territorial Development.

The Minister of the Interior and Justice,

SABAS PRETELT DE LA VEGA.

The Foreign Minister,

CAROLINA BOAT ISACKSON.

The Minister of Agriculture and Rural Development,

ANDRES FELIPE ARIAS LEIVA.

The Minister of Social Protection,

DIEGO PALACIO BETANCOURT.

The Minister of Commerce, Industry and Tourism,

JORGE HUMBERTO BOTERO.

The Minister of National Education,

CECILIA MARIA VELEZ WHITE.

The Minister of Environment, Housing and Territorial Development,

SANDRA SUAREZ PEREZ.

EXECUTIVE BRANCH OF PUBLIC POWER

REPUBLIC OF THE REPUBLIC

Bogotá, D. C., 1 October 2004

Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.

(Fdo.) ALVARO URIBE VELEZ

The Foreign Minister,

(FDO.) CAROLINA BOAT ISACKSON.

DECRETA:

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ARTICLE 1o. Approve the "WHO Framework Convention for Tobacco Control", made in Geneva, the twenty-first (21) of May two thousand three (2003).

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ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7a of 1944, the "WHO Framework Convention for Tobacco Control", made in Geneva, the twenty-first (21) of May, two thousand three (2003), which by the article first of this Law is approved, will force the country from the date on which the international link with respect to it is perfected.

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