Key Benefits:
1120 OF 2006
(December 28)
Official Journal No. 46.496 of 29 December 2006
CONGRESS OF THE REPUBLIC
By means of which the "Convention between the Government of the Republic of Colombia and the Government of the Russian Federation on Cooperation and Mutual Assistance between its Customs Authorities" is approved, signed in Moscow to the Twenty-eight (28) days of the month of April 2004.
COLOMBIA CONGRESS
Having regard to the text of the "Convention between the Government of the Republic of Colombia and the Government of the Russian Federation on Mutual Assistance and Cooperation between its Customs", signed in Moscow at the twenty-eight (28) days of the month of April 2004, which to the letter reads:
(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 RUSSIAN FEDERATION ON COOPERATION AND MUTUAL ASSISTANCE BETWEEN ITS CUSTOMS AUTHORITIES
THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND
THE GOVERNMENT OF THE RUSSIAN FEDERATION,
HEREINAFTER REFERRED TO AS THE "PARTS",
Whereas Mutual Cooperation and Assistance among its Customs Authorities encourages the bilateral development of economic and trade relations;
Whereas violations of customs legislation harm the economic and commercial interests of their countries;
Whereas the illicit trafficking of narcotic drugs and psychotropic substances constitutes a danger to public health and to society
Considering the importance of ensuring the correct collection of customs duties, taxes and other levies on the import and export of goods, and the proper implementation of the prohibitions, restrictions and control of the revenue and exit from goods;
Whereas illicit arms trafficking constitutes a danger to society;
Convinced that actions to prevent violations of customs legislation and efforts to ensure the correct collection of customs duties, taxes and other charges may be more effective through cooperation and thus Mutual assistance among its Customs Authorities;
Taking into account the Recommendation of the Customs Cooperation Council on Mutual Assistance of 5 December 1953;
Taking into account also the provisions of the Single Convention on Narcotic Drugs, made in New York on 31 March 1961, the Convention on Psychotropic Substances, signed in Vienna on 21 February 1971 and the Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances, signed in Vienna on 20 December 1988, all of which were held within the framework of the United Nations;
AGREE THE FOLLOWING:
For the purposes of this convention, the terms used have the following meaning:
1. "Customs Legislation". The set of laws or regulations applied by the Customs Authorities, concerning imports, exports and transit of goods and other customs procedures, as well as their modes of payment, are related to customs duties, taxes and other charges, or the prohibition, restriction or control measures.
2. "Violations." Any violation of customs legislation, as well as any attempt to violate such legislation, as defined in the internal legislation of each of the Parties.
3. "Customs Authorities":
In the Republic of Colombia: the Special Administrative Unit of National Customs and Taxation;
In the Russian Federation: the State Customs Committee of the Russian Federation.
ARTICLE 2. SCOPE OF THE CONVENTION.
1. The 'Parties', in accordance with the provisions of this Convention, shall be within the framework of their Customs Authorities:
a. Adopt measures to facilitate and streamline the movement of goods;
b. Collaborate with each other for the prevention, investigation and repression of violations of customs legislation;
c. At the request of the Customs Authority of one of the Parties, the Customs Authority of the other Party shall provide information necessary for the implementation and enforcement of customs legislation;
d. Cooperate in the search, development and study of new customs procedures, personnel training and exchange of specialists and other issues that may require joint actions;
e. They shall ensure the harmony and uniformity of their customs procedures, the improvement of customs techniques, as well as the solution of problems related to the application and enforcement of customs rules.
2. The cooperation referred to in subparagraphs (b) and (c) of the first paragraph of this Article may be provided for in any action, whether judicial or administrative.
3. Mutual cooperation within the framework of this Convention shall be complied with in accordance with the laws in force in the territory of the requested Party and within its jurisdiction and its possibilities.
4. No clause of this Convention shall be interpreted in such a way as to limit mutual collaboration, which is currently in force between the Parties.
ARTICLE 3. STREAMLINING OF CUSTOMS PROCEDURES.
1. The Customs Authorities shall, with mutual consent, take the necessary measures to facilitate customs procedures to assist and expedite the movement of goods between the territories of both Parties.
2. The customs authorities shall, by mutual consent, recognise unified forms applicable in the customs documentation in the Spanish and Russian languages.
ARTICLE 4. FORMS OF COOPERATION AND MUTUAL ASSISTANCE.
1. The customs authorities shall provide each other, on their own initiative or at the request of 'Party', with the information necessary in accordance with the clauses of this Convention.
2. The Customs Authorities:
a. Exchange experience related to their activities, and information on new means and methods used to commit violations of customs legislation,
b. They shall inform each other of changes in their customs legislation.
c. Exchange information on the technical means of control they use and the methods of their applications, and examine other issues of mutual interest;
ARTICLE 5. SURVEILLANCE OF PERSONS, GOODS AND MEANS OF TRANSPORT.
The Customs Authority of one of the Parties, on its own initiative or at the request of the Customs Authority of the other Party, shall exercise vigilance over:
a. Movements and in particular the entry and exit of their territories, of persons they have committed or, are suspected of committing violations of the customs legislation of the other "Party";
b. Movements of goods or means of payment, defined by the Customs Authority of the other Party as generators of significant illicit traffic to or from their territory, or on which such suspicion falls;
c. Any means of transport of which it is known to be used to commit violations against the customs legislation of the other 'Party' or on which such suspicion falls;
d. The places used to store goods susceptible to significant illicit traffic into the territory of the other Party.
ARTICLE 6. OTHER ASSISTANCE MECHANISMS.
Parties shall, in accordance with the domestic law of their States, consider the possibility of mutual use of other forms and methods of cooperation, including the method of controlled delivery, in the fight against illicit trafficking in merchandise.
The concrete ways and methods of using these mechanisms will be agreed upon by the "Parties" of the "Parties" for each individual case.
ARTICLE 7. MEASURES AGAINST THE ILLICIT TRAFFICKING OF VULNERABLE GOODS.
The customs authorities, upon request or on their own initiative and without delay, shall provide each other with all relevant information on the activities which constitute or appear to constitute a violation of the customs legislation in force in the the territory of the other Party, in the area of:
a. Movements of weapons, ammunition, explosives and explosive devices;
b. Movements of objects of art and antiques representing a significant historical, cultural or archaeological value for one of the Parties;
c. Movements of toxic goods as well as substances that are dangerous to the environment and public health and also substances that are under international special control;
d. Movement of goods subject to high taxes and/or customs duties;
e. Movements of strategic or special goods subject to tariff limitations.
The customs authorities of common agreement shall draw up the lists of goods provided for in this Article.
ARTICLE 8. INFORMATION DELIVERY.
1. The customs authorities shall, upon request or on their own initiative, provide information which may be useful in:
a. The collection of customs duties, taxes and other charges, in particular to determine the value of customs and the tariff classification of goods;
b. Observance of prohibitions and restrictions on imports, exports and transit of goods or their release from customs duties, taxes and other charges;
c. The application of national rules for determining the origin of goods;
d. The definition of the customs procedures under which the goods were placed on the occasion of their import or export.
2. If the Customs Authority consulted, does not have the information requested, it shall seek such information, acting on its own behalf and in accordance with the law of its country.
3. The customs authority of one of the Parties, upon request, or on its own initiative, shall provide the Customs Authority of the other Party with the following information:
a. On the legality of the export from the territory or importation into the territory of one of the "Parties" of goods imported into the territory or exported from the territory of the requested Customs Authority;
b. On natural or legal persons who have committed or are suspected of committing violations of the customs legislation of the other Party;
c. On goods that are, or may be, subject to considerable illicit traffic;
d. On means of transport and containers used, or suspected to be used to commit violations of the customs legislation in force in the territory of the other Party.
1. The Customs Authority of one of the Parties, either on its own initiative or at the request of the Customs Authority of the other Party, and in accordance with its internal legal order, shall provide the Customs Authority with reports, records of evidence or certified copies of documents, with information available on completed or planned activities constituting or likely to constitute a violation of the customs legislation in force in the territory of the other "Party".
2. For the purposes set out in this Convention, the information may also be supplied in electronic form. The documentation necessary for the interpretation or use of such information shall be transmitted simultaneously.
3. The original files and documents must only be requested in cases where the certified copies are insufficient and must be returned as soon as possible.
1. If the Customs Authority of a "Party" requires it, the Customs Authority of the other "Party" shall advance the official investigation concerning the operations which are, or appear to be contrary to, the customs legislation in force in the territory of the applicant 'Party'. The results of those investigations shall be communicated to the requesting Customs Authority.
2. These investigations shall be subject to the laws in force in the territory of the requested "Party", which shall advance the investigation, acting in its own name.
3. The Agents of the Customs Authority of a "Party", in special cases, with the agreement of the Customs Authority of the other "Party", may be present in the territory of the latter at the time when the violations of the legislation are investigated. in the territory of the requesting Party.
ARTICLE 11. PRESENCE OF VISITING AGENTS.
Where, by circumstances provided for in this Convention, agents of the Customs Authority of a "Party" are present in the territory of the other "Party", they shall provide evidence of their official powers. They shall not use uniforms, carry weapons, or have the right to take procedural action.
ARTICLE 12. EXPERTS AND WITNESSES.
If the Judicial or Administrative Authorities of a "Party" so require, in relation to violations of customs legislation that have been presented to them, the Customs Authority of the other "Party" may authorize its agents to be presented as experts or witnesses to the aforementioned Administrative or Judicial Authorities. The abovementioned agents shall provide evidence only on facts which they have established in the performance of their duties.
In the application for the provision of the same, it should be noted, in which case and in which character the official shall be present.
ARTICLE 13. USING INFORMATION AND DOCUMENTS.
1. The information, communications and documentation received under this Convention shall be used only for the purposes of this Convention. They may be communicated or used for other purposes only with the written consent of the Customs Authority which presents it.
2. Any request, information, expert report and any other communication, in any of its forms, subject to this Convention which was received by the Customs Authority of one of the Parties, shall be given the same confidentiality by the Receiving Customs Authority, which exists in your country for character information and similar content.
3. The customs authorities may use the information and documents received in accordance with this Convention as evidence for their protocols, minutes, records of evidence, as well as in judicial and administrative proceedings.
4. The use as evidence of such documentation and information in the courts, as well as their legal validity is determined in accordance with the internal legislation of the "Parties".
ARTICLE 14. EXCEPTIONS FROM THE OBLIGATION TO PROVIDE ASSISTANCE.
1. If the Customs Authority of one of the "Parties" considers that responding to the request would be detrimental to the sovereignty, security, public order or any other substantial interest of its State, it may refuse to provide, in whole or in partial, the collaboration requested under this Convention, or lend it subject to certain conditions or requirements.
Assistance may be denied in cases where compliance with the application leads to the violation of the internal legislation of the requested State of the "Party", or if the content of the application overflows the Present Convention.
2. If the assistance is denied, such a decision and its reasons shall be immediately substantiated and notified, and in writing to the requesting Customs Authority.
3. If the Customs Authority of one of the Parties requests assistance which it itself would not be able to provide, it shall notify this fact in the application. Compliance with the requested will be subject to the discretion of the requested Customs Authority.
ARTICLE 15. FORM AND CONTENT OF THE ASSISTANCE REQUEST.
1. Applications subject to this Convention shall be made in writing, annexed to the documents necessary for their fulfilment. Oral applications may be accepted where the urgency of the situation so requires, but must be immediately confirmed in writing.
2. Requests will include the following information:
a) The Customs Authority that makes the request;
b) Information requested;
c) Object and reason for the request;
d) Laws, regulations and other applicable legal instruments;
e) Indications, as accurate and complete as possible, about natural or legal persons who are the subject of investigations;
f) A summary of the most relevant facts.
3. Applications shall be submitted in the official language of the requested "Party" or in another language, as agreed by the "Parties".
4. If the application does not meet the formal requirements, its explanation or complementation may be required. In any case, the rules for handling the requested information should not be violated.
ARTICLE 16. TECHNICAL COLLABORATION.
Customs authorities will provide technical collaboration on customs matters, including:
a. Exchange of visits by customs officers with the aim of engaging with the technical means, used by both Customs Authorities;
b. Training and collaboration in the development of specialized customs officers ' practices;
c. Exchange of information and experience in the use of technical means of control;
d. Exchange of experts on customs matters;
e. Exchange of professional data, scientific and technical data related to legislation, regulations and customs procedures.
The costs related to compliance with the request will be supported by the requested customs authority, except for expenses to cancel the services of witnesses, experts and translators who are not public officials.
The reimbursement of expenses incurred in compliance with Article 16 of the Present Convention may be agreed between the Customs Authorities.
ARTICLE 18. DISPUTE RESOLUTION.
Disputes or discrepancies resulting from the application of this Convention or the interpretation of any of its articles shall be settled by direct negotiations between the Customs Authorities.
ARTICLE 19. IMPLEMENTING THE CONVENTION.
1. The assistance provided for in this Convention should be provided directly by the Customs Authorities, which will jointly define the concrete measures for their compliance.
2. Where compliance with the request for assistance goes beyond the competence of the required Customs Authority, it shall organise in the framework of its possibilities and in accordance with the internal legislation of its State, its compliance, together with the competent bodies of your State.
3. The customs authorities may establish direct channels of communication between their central and local bodies.
ARTICLE 20. TERRITORIAL APPLICABILITY.
This Convention shall apply in the customs territories of the States of both Parties.
ARTICLE 21. CONVENTION VALIDITY.
1. This Convention shall enter into force thirty days after the date of the last written notification, whereby the Parties shall notify each other of the completion of the internal procedures necessary for the entry into force of this Convention.
2. This Convention shall have an indefinite duration and may be denounced by any of the Parties, by means of a diplomatic written notification, which shall have its effects six (6) months after it has been received by the other Party.
3. Unless the Parties agree otherwise, the termination or denunciation of this Convention shall not affect the execution of the applications being processed.
Signed in Moscow at twenty-eight (28) days of April 2004 in two original texts, each in the Spanish and Russian languages, both texts being equally authentic.
By the Government of the Republic of Colombia
SHIP CAROLINA
Minister of Foreign Affairs
By the Government of the Russian Federation,
Ilegible,
Chairman of the State Customs Committee of the Russian Federation.
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Bogotá, D. C., May 4, 2005
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Minister of Foreign Affairs (Fdo.),
CAROLINA BOAT ISAKSON.
DECRETA:
Article 1o. I approved the Convention between the Government of the Republic of Colombia and the Government of the Russian Federation on Mutual Assistance and Cooperation between its Customs Authorities, signed in Moscow at the twenty-eight (28) days of the month of April 2004.
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 Russian Federation on Mutual Assistance and Cooperation between its Authorities Customs, signed in Moscow at twenty-eight (28) days of the month of April 2004, which by article 1 of this law is approved, 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 los ...
Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of Finance and Public Credit.
The Foreign Minister,
SHIP CAROLINA.
The Minister of Finance and Public Credit,
ALBERTO CARRASQUILLA.
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Bogotá, D. C., May 4, 2005
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Minister of Foreign Affairs (Fdo.),
CAROLINA BOAT ISAKSON.
DECRETA:
ARTICLE 1o. Approve the Convention between the Government of the Republic of Colombia and the Government of the Russian Federation on Mutual Assistance and Cooperation between its Authorities Customs, signed in Moscow at twenty-eight (28) days of the month of April 2004.
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 Russian Federation on Cooperation and Mutual Assistance among its Customs Authorities, signed in Moscow to the twenty-eight (28) days of April 2004, which by article 1o of this law is approved, will force the country from the the date of the completion of the international link with respect to the same.
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
DILIAN FRANCSCA TORO TORRES.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
ALFREDO APE NECK BAUTE.
The Secretary General of the honorable House of Representatives,
ANGELINO LIZANO RIVERA.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute, upon revision of the Constitutional Court, in accordance with article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., at December 28, 2006.
ALVARO URIBE VELEZ
The Deputy Minister for Multilateral Affairs, in charge of the functions of the Foreign Minister's office,
ADRIANA MEJIA HERNANDEZ.
The Minister of Finance and Public Credit,
ALBERTO CARRASQUILLA BARRIER
