Key Benefits:
1155 OF 2007
(September 20)
Official Journal No. 46.757 of 20 September 2007
CONGRESS OF THE REPUBLIC
By means of which the "Convention between the Government of the Republic of Colombia and the Government of the Republic of India on Cooperation in Science and Technology", signed in Bogotá, is approved on 11 June 2005.
THE CONGRESS OF THE REPUBLIC
Having regard to the text "Convention between the Government of the Republic of Colombia and the Government of the Republic of India on Cooperation in Science and Technology", signed in Bogotá, on 11 June 2005.
(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 INDIA ON COOPERATION IN SCIENCE AND TECHNOLOGY
THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE REPUBLIC OF INDIA, hereinafter referred to as the Parties;
Wishing to strengthen the ties established between the two nations and to develop joint scientific and technological cooperation, as well as to promote social and economic development,
Recognizing the importance of Scientific and Technological Cooperation for both Parties and convinced of the mutual benefit of it for social and economic development,
Eager to stimulate such Technical Cooperation, especially in the field of Science and Technology,
Recognizing the need to foster and modernize the Technical and Scientific infrastructure in both nations, and
Considering that Scientific and Technological Cooperation will further strengthen the friendly relations that exist between Colombia and India.
HAVE AGREED THE FOLLOWING:
1. The Parties shall encourage the development of Technical and Scientific Cooperation between the two countries in the fields of Science and Technology on a basis of equality and mutual benefit and by common agreement shall define the areas for which the cooperation taking into account the achievements and experience of scientists and specialists in these areas.
2. The Parties shall take the necessary steps to undertake Scientific and Technological Cooperation between the two countries in accordance with this Convention and in accordance with the relevant legislation and the rules in force in both countries.
ARTICLE 2o. RESPONSIBLE ENTITIES.
The following are the entities responsible for fulfilling the commitments under this Convention:
The Colombian Party appoints the Ministry of Foreign Affairs and the Colombian Agency for International Cooperation, ACCI.
The Indian Party appoints the Science and Technology Department of the Ministry of Science and Technology.
ARTICLE 3o. MODALITIES OF COOPERATION.
Scientific and Technological Cooperation will be done under the following modes:
-- Exchange of experts, scientists and researchers for joint studies and projects of common interest.
-- Exchange of scientific and technical information and documentation.
-- Organization of conferences, seminars, exploratory missions, and other joint academic and scientific exchange mechanisms of interest to both Parties.
-- Joint identification of scientific and technical studies and problems, formulation and execution of research projects.
-- Grant of scholarships for short-term research or professional training on identified topics.
-- Exchange of technology for the development of joint cooperation projects and programs.
-- Strengthening cooperation between scientific, technical and academic institutions and the production sector of both countries.
-- Other forms of Scientific and Technological Cooperation that are agreed between the Parties.
ARTICLE 4. IMPLEMENTING THE CONVENTION.
This Convention will be implemented by running programs that periodically subscribe at least once every two years. These Cooperation Programmes (PDCs) shall indicate the extent, sectors and forms of cooperation, including financial terms and conditions.
For the implementation of this Convention, a Joint Committee on Scientific and Technological Cooperation will be set up, the formation of which will be determined by the responsible entities.
The function of the Joint Committee will be as follows:
a) Identify the cooperation fields;
b) Create favorable conditions for the implementation of the Convention;
c) Facilitate and support the implementation of joint programs and projects, and
d) To exchange experience resulting from bilateral scientific and technological cooperation and to examine proposals for their future development.
If necessary, the Joint Committee shall establish groups of permanent or ad hoc experts for individual areas of scientific and technological cooperation and shall recruit experts to support their work.
The Joint Committee shall hold meetings every two years in an alternate manner in the Republic of Colombia and in the Republic of India.
The Joint Committee shall adopt its own procedural rules.
ARTICLE 5o. INSTRUMENTS FOR UNDERTAKING COOPERATION.
In order to facilitate compliance with the objectives of Scientific and Technological Cooperation in accordance with the terms and conditions of this Convention, the Parties may conclude additional agreements without the detriment of the provisions of this Convention. The executing entities of each project will be specifically assigned under complementary agreements.
ARTICLE 6o. TEAM FOR RESEARCH.
The delivery of equipment and infrastructure support required for joint research and for pilot plant studies that are believed to be in development of this Convention will be done in the way the Parties agree on each individual case. The delivery of equipment and equipment from one country to another, occurring in the course of the implementation of this Convention shall be done in accordance with the terms and conditions to be agreed between the Parties.
ARTICLE 7o. PROMOTION AND EXCHANGE OF INFORMATION.
Parties must take the necessary steps to:
-- That the experience and know-how acquired as a result of the bilateral cooperation referred to in this Convention may contribute to the economic and social development of both nations.
-- Ensure the proper and effective care of intellectual property rights that result from, or are applied during the enforcement of cooperation activities to be established by this Convention, in accordance with laws national and applicable international treaties, of which the Parties are members.
-- Observe due confidentiality or the confidential nature of documents and information and any other information or products that are received, used or generated in accordance with this Convention.
-- To observe the laws and other provisions in force in both countries, as well as the relevant international commitments and rights and obligations agreed with respect to third parties, concerning the exchange of scientific and technological information obtained as a result of joint research projects.
-- Point out disclosure restrictions when considered relevant.
The travel expenses of experts, technicians and scientists between the two countries will be borne by the country that sends them, and the expenses of accommodation and maintenance and other minor expenses, such as local travel, transfers Internal and medical assistance shall be undertaken by the receiving party in accordance with mutually agreed terms and conditions between the Parties, prior to compliance with the internal requirements.
ARTICLE 9o. PRIVILEGES AND IMMUNITIES.
Staff who are officially involved in the Scientific and Technological Cooperation projects shall be subject to the conditions of this Convention and shall not be able to carry out any other activity that is inherent in their duties, or receive payment other than the stipulated, without prior authorization from both Parties.
Parties in accordance with relevant legislation and on a basis of reciprocity, in accordance with the provisions of the Vienna Convention on Diplomatic Relations of 1961, shall facilitate the facilities and privileges they require. international scientific and technological cooperation experts who are not citizens of the receiving country and who work in the development of the programmes and projects contained in this Convention.
Experts and other persons visiting the country of the other Party shall be subject, during their stay in that country, to the laws and regulations in force in that country and shall have at their disposal all the aid and facilities for compliance of the tasks entrusted to them, in accordance with the provisions of this Convention.
ARTICLE 10. DISPUTE SETTLEMENT.
Any difference or controversy related to the interpretation or implementation of this Convention shall be resolved by consultation between the parties through diplomatic channels.
This Convention may be amended or extended by written consent of the Parties, and such amendments or extensions approved shall enter into force once the procedures provided for in this Agreement have been completed. that the Convention enters into force, i.e. compliance with internal constitutional and legal requirements.
ARTICLE 12. VALIDITY AND TERMINATION.
This Convention shall enter into force, on the date of exchange of the instruments of ratification, once both Parties comply with constitutional and legal requirements.
This Convention will be valid for five years and will be automatically renewed for equal periods, unless one of the Parties notifies the other, through diplomatic channels, of its wish not to extend it, at least 6 months before the date of the Convention. the date on which the fixed period is met.
The termination of this Convention shall not affect the implementation of the programs, projects or activities that have already been agreed upon, which shall continue until their termination, unless the Parties agree otherwise.
In testimony of which, the following representatives duly authorized by their respective Governments sign this Convention.
Subscribe in Bogotá, Colombia at the eleven days of June 2005 in three originals each written in Hindi, Spanish and English being all equally authentic texts. In case of divergence as to their interpretation, the English text will prevail.
By the Colombian Government,
CAROLINA BOAT,
Minister of Foreign Affairs.
By the Government of India,
KAPIL SIBAL,
Minister of State for Science and Technology and Maritime Development.
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Bogotá, D. C., May 5, 2006
Approved. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Carolina Barco Isakson
DECRETA:
ARTICLE 1o. Approve the "Agreement between the Government of the Republic of Colombia and the Government of the Republic of India on Cooperation in Science and Technology", signed in Bogotá, on 11 June 2005.
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 India on Cooperation in Science and "Technology", signed in Bogota, on June 11, 2005, 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.
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
NANCY PATRICIA GUTIERREZ CASTANEDA.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
OSCAR GROVE PALACIO.
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, pursuant to article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., 20 September 2007.
ALVARO URIBE VELEZ.
The Foreign Minister,
FERNANDO ARAUJO PERDOMO.
