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LAW 1441
(February 23)
Official Journal No. 47.992 of 23 February 2011
CONGRESS OF THE REPUBLIC
By means of which the "Agreement on Cooperation and the Regime of Privileges and Immunities between the International Organization for Migration and the Government of the Republic of Colombia" is approved, made in Bogota at 5 days. month of May two thousand nine (2009).
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the Agreement on Cooperation and the Regime of Privileges and Immunities between the International Organization for Migration and the Government of the Republic of Colombia, " May two thousand nine (2009).
(To be transcribed: photocopy of the full text of the International Instruments mentioned).
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C.,
Approved. Submit to the Congress of the Republic for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Jaime Bermudez Merizalde.
DECRETA:
ARTICLE 1o. Approve the "Cooperation Agreement and Regime of Privileges and Immunities between the International Organization for Migration and the Government of the Republic of Colombia", done in Bogotá at 5 days of the month of May two thousand nine (2009).
ARTICLE 2o. In accordance with the provisions of Article 1 or the 7th Act of 1944, the "Cooperation and Privileges And Immunities" Agreement between the International Organization for Migrations and the Government of the Republic of Colombia ", made in Bogota at the 5 days of May of two thousand nine (2009), which by article 1 of this law is approved, will force the country from the date on which the link is perfected International relations with the United Nations
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
Armando Benedetti Villaneda.
The Secretary General of the honorable Senate of the Republic,
Emilio Ramon Otero Dajud.
The President of the honorable House of Representatives,
Carlos Alberto Zuluaga Diaz.
The Secretary General of the honorable House of Representatives,
Jesus Alfonso Rodriguez Camargo.
COLOMBIA-NATIONAL GOVERNMENT
Contact and comply.
Execute, subject to revision of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada in Bogotá, D. C., on February 23, 2011.
JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Government of the Republic of Colombia, on the one hand, and the International Organization for Migration (IOM), on the other hand,
Whereas on October 19, 1953, the Constitution of the Intergovernmental Committee for European Migration (CIME), the former designation of the International Organization for Migration (IOM), was adopted in Geneva, Switzerland. approved by the Congress of the Republic of Colombia by Law 13 of 1961, beginning the basic relations of cooperation between the International Agency and the Colombian State.
That on December 20, 1958, the Colombian Government and the Chief of the Mission of Liaison of the CIME signed the Agreement that entered into force on 1 January 1959, a regulation of relations, rights and obligations between Colombia and the Agency.
That on May 14, 1981, the Colombian Government and the Director of the CIME signed the Agreement on Privileges and Immunities of the Intergovernmental Committee for European Migration.
That by Law 50 of 1988, the Congress of the Republic of Colombia approved the amendments to the Constitution of the CIME, accepting the Constitution of the INTERNATIONAL ORGANIZATION FOR MIGRATIONS-IOM, which did not incorporate modifications to the Basic Agreement initially subscribed.
That IOM develops programs in Colombia in response to the priorities of the country and the government, in the framework of its mandate and its international experience, promoting the orderly flow of migratory movements in conditions of dignity and respect for the human rights of migrants. These principles are developed through activities to strengthen governmental and non-governmental Colombian institutions, technical cooperation and implementation of programs and projects within which they can be mentioned: (i) (ii) programmes of care for populations subject to forced migration and at risk from the situation of violence and the consequences generated by such a phenomenon during the emergency and Post-emergence; (iii) programmes and activities for the transfer to the country of human resources (iv) technical cooperation programs developed with the Colombian government in the field of migration policy and legislation, as well as in favor of strengthening its management capacity in migratory matters.
That the government attaches importance to the area of human resources and the need to ensure the availability of these resources in sufficient quantity and quality to give impetus to the country's economic and social process.
That there is a common will to intensify and expand cooperation between the Parties, in accordance with the dynamics of the development programs put into practice by the Colombian Government and the development of programs and activities carried out in the by the Agency.
That in the past and due to the increase in activities in the area of support by the IOM, in accordance with the third article of the Agreement signed between the CIME and the Colombian Government on 20 December 1958, and the Privileges and Immunities of the Intergovernmental Committee for Migration, signed on 14 May 1981, it is appropriate to update these Agreements in the light of the above changes.
Please conclude this Agreement:
For the purposes of this Agreement:
a) The expression "Body" refers to the INTERNATIONAL ORGANIZATION FOR MIGRATIONS, which is called "the IOM" for the purpose of this Agreement.
(b) The terms "local, property and assets" refer to the offices, equipment of the same and elements that are located in the Mission in Colombia of the IOM, anywhere in the country and that serve to fulfill the purposes of the Body.
(c) "Government" means the Government of the Republic of Colombia.
(d) "Permanent Representative" means the official in charge of the IOM Office.
(e) "International Organization of the IOM officials" means foreign officials who have been duly accredited by the Agency's Headquarters with employment contracts not less than one year and meet the requirements established in the internal legislation.
(f) "IOM officials" or "staff members" shall mean all staff of the IOM contracted in accordance with the Statutes and Regulations of Personnel of the International Organization for Migration, except for contracted by contract for the provision of services.
(g) "persons hired on a contract for the provision of services or consultancy" shall mean contractors, other than civil servants, to whom the IOM assigns the provision of services in the execution of cooperation programmes, by a time and work. The accreditation shall be accompanied by the contract for the provision of services or the document attesting to its link.
(h) "Cooperation programmes" shall mean the programmes of the country in which the IOM cooperates.
(i) "IOM Office" means the unit of organization through which the IOM cooperates in programs in the country, as well as the field offices established in the Colombian territory.
(j) "Parties" means the IOM and the Colombian Government.
(k) "official activities" shall mean the cooperation programmes and the tasks carried out within the humanitarian assistance programmes and projects developed by the IOM within the framework of its strategic objectives and its mandate.
The Agency enjoys legal status that enables it to contract, acquire, dispose of goods and conclude contracts related to the orbit of its functions, and to establish judicial and administrative procedures, when appropriate to the interests of justice.
ARTICLE III. OBJECTIVES OF THIS AGREEMENT.
The objectives of this Agreement are:
(a) Prestar, in accordance with the conditions to be agreed between the two Parties, the advice and collaboration that the Government requests in the field of migration policy, legislation, regulation and administration, as well as in data collection and processing, studies on labour availability, migratory mobility and their impact on the economic, environmental and social development of the country. According to this objective, the IOM will be able, among others, to support and advise the government on the formulation of policies related to the remittances of Colombian migrant workers abroad.
b) Contribute to cooperation actions aimed at addressing the issue of internal displacement, both in prevention, and in the care of the displaced population, in the strengthening of the capacity for institutional and National Displacement Information System in the country, taking into account also the receiving communities.
c) Develop programs to strengthen Colombian governmental and non-governmental institutions that develop activities framed in the numbers a) and b) of this article, through technical cooperation and implementation of programmes and projects.
d) To promote technical cooperation programs in the field of migration through which the following lines of action are developed:
-- Promote the voluntary return of Colombians abroad;
-- Support Colombia's participation in the multilateral forums for regional integration and cooperation, in which migration issues are addressed, such as the South American Migration Conference;
-- Facilitating the mobilization of immigrant families in order to promote their integration and establishment in the country, as well as fostering family reunification in the face of international migratory flows related to the population
-- Facilitating the development of qualified Colombian human resources through the granting of travel facilities to students, scholars, and experts from the country;
-- Promote and support legal labor migration policies in accordance with the agreements signed by Colombia;
-- Run programs in other areas of migration, such as migration and health, migration and gender, migration, and environment;
-- To contribute to the process of technification and improvement in the area of consular policy and migratory controls such as: the design of new procedures, the contribution of knowledge on new technologies for the elaboration of the documentation safe for citizens traveling outside of Colombia, training for officials, improving border controls, and updating legal regulations on immigration and passports;
-- Promote technical studies on internal and international migration and/or projects aimed at solving problems of population mobility, as well as support for the development of border areas;
-- Support the Administrative Department of Security-DAS- for the implementation in Colombia of projects on international migration;
-- Support programs of horizontal technical cooperation, South-South cooperation, triangular cooperation and exchange of qualified personnel with other countries of the region, in cooperation with the governments concerned and promote exchange of successful experiences;
-- Promote technical cooperation on migration issues, especially in the fields of legislation, policy, administration and information taking into account the current regional, subregional and border integration processes;
-- Support the conduct of studies on the phenomenon of the exodus of qualified national personnel, in order to determine their effects on the economic and social development of Colombia; and to formulate policies that counteract this phenomenon;
-- Carry out studies and establish links of cooperation with Colombian communities abroad in order to strengthen cultural, economic and political ties with the country;
-- Cooperate in the development of measures to address the phenomena presented by migratory mobility, and seek the integration of migrants into their new environment;
e) To promote and participate in projects for the creation and consolidation of transnational social networks that facilitate the linking of migrants to each other and their country of origin;
(f) Develop programs for community stabilization, social and economic integration, strengthening of peace, and reinsertion of uprooted people; especially of demobilized populations that have been taken over by the government's official programs.
g) Establish programs and campaigns to promote the human rights of migrants and in particular for prevention and institutional strengthening for the fight against trafficking in Persons and Illicit Trafficking in Migrants;
h) Formulate measures to control the problem both in the detection of networks of treatment and care and assistance to victims, to help them in their social reintegration and rehabilitation;
i) Formulate timely humanitarian responses to sudden migratory flows and assist homeless migrants, as well as support border development efforts when required;
j) Examine any other initiative that may lead to the realization of activities or assistance of mutual interest or in coordination with other organizations in the field of migration.
4.1 IOM commits to:
(a) Maintain close contact with the offices that the Government designates for the normal development of the IOM's programs, and compliance with the objectives of this Agreement. It will also maintain adequate services with the necessary personnel to ensure the planning, development and operation of the IOM programs for the benefit of Colombia, to the extent of the available resources. The organisation of these services will be determined by the IOM and the officials responsible for them will be appointed by the IOM, in line with the Government's priorities.
b) Establish and have an office in the country to facilitate the execution of cooperation programs as well as field offices to fully develop their different programs, when they become amerite, and in the framework of the available resources. The opening of field offices will be previously informed and concerted with the Government.
(c) To be in accordance with the conditions to be agreed between the two Parties, the advice and collaboration that the Government requests in the field of policy, legislation, regulation and administration, regarding migration and human resources, as well as data collection and processing, studies on labour availability, migratory mobility and their impact on the country's economic and social development.
d) Maintain a close and constant relationship with public and private entities in the country with the purpose of assisting them, in their application, in the determination and satisfaction of specific needs of qualified human resources, according to the objectives of this Agreement.
e) To disseminate in collaboration and with the consent of the competent Colombian authorities, information on the characteristics of the country in the socio-economic, cultural, labor and institutional aspects and the one that is deemed necessary and appropriate for the achievement of the objectives of this Agreement.
f) Take necessary measures to recruit, select and transfer the required qualified human resources to the country, with the consent of the Colombian Government and in accordance with the relevant laws and regulations and the objectives to this Agreement.
g) To study jointly with the Government the measures that are deemed necessary to facilitate and achieve the integration of immigrants and their families into the country.
h) Support through technical assistance and project implementation, in the measure of available resources, the policies of the Colombian State in terms of: internally displaced persons, disengaged children of illegal armed groups, stabilization Community and the strengthening of peace, reintegration of uprooted people, trafficking in persons and illegal trafficking of migrants, migratory information systems, development of border areas, migration and health, family remittances, gender and migration, populations at risk, regional conferences on migration, labour migration, proposals and actions to ensure that labour migration becomes an instrument of development, support for fellows and assistance to nationals abroad, as well as assist the National Commission for Reparation and Reconciliation and in general projects designed to put in place mechanisms and instruments that promote the integral development of the regions from the productive, urban and rural vocations, the territorial market, their competitiveness and their economic, social and environmental sustainability.
i) Cooperate and grant facilities to the extent of the available resources, for the reception, assistance, temporary accommodation and transport of the immigrants until their final destination in the country, according to the conditions that they are established between the two Parties.
j) Observe and respect the laws in force, uses and customs of the country, as well as the internal affairs of the Republic of Colombia, and adjust its performance to the precepts contained in this Agreement.
k) Acquire a liability insurance policy for damages caused to third parties by any vehicle owned by the Agency, and ensure that the officials of the Agency who enjoy immunities constitute an insurance policy liability for damages caused to third parties in a vehicle of their property.
4.2 The IOM may, in accordance with the procedure set out in paragraph 4.5 of this Article, assign to its Office in Colombia officials, Mission experts and persons providing services on behalf of the Agency it considers necessary to support cooperation programmes and other activities in relation to:
(a) The preparation, examination, monitoring and evaluation of cooperation programmes;
(b) The dispatch, receipt, distribution or identification of supplies, equipment and other materials provided by the IOM;
c) Advice to the Government on the progress of cooperation programmes;
(d) Any other matters related to the implementation of this Agreement.
4.3 The technical equipment, materials and inputs provided by the IOM will be maintained on their property until their transfer is made in accordance with the policies determined for this purpose by the IOM or its donors.
4.4 The consultants providing the IOM will carry out all activities aimed at transferring their knowledge, technologies and experiences to the national staff in order to train them in their methods, techniques and professional practices and in the principles in which they are founded.
4.5 The IOM will accredit its international category officials, Mission experts and persons providing services on behalf of IOM to the National Government. The IOM shall also notify the Government of the termination of its tasks in the Mission.
ARTICLE V. GOVERNMENT COMMITMENTS.
5.1 Government commits to:
a) Maintain close contact with the IOM in order to ensure its consistent and consistent support for the programmes and activities agreed between the Government and the Agency.
b) Provide the offices of the IOM Mission in Colombia and its officials with the appropriate facilities and assistance for the normal performance of their activities, agreeing for the Permanent Representative the same privileges and status as enjoy the other Heads of Mission or Representatives of the International Organizations accredited in Colombia.
c) Provide security and protection to IOM offices and their officials, especially when public order conditions warrant it.
(d) Facilitate cooperation between the Government and the IOM with a view to achieving the objectives of this Agreement.
e) To run through the competent authorities of the government at home and abroad, visa applications to enter the country. In the case of experts transferred by the IOM, the process shall be carried out by the Directorate-General of the Protocol, and in the case of immigrants covered by programmes designed by the IOM and endorsed by the Government, the Agency shall request in writing, the corresponding visas, which will be issued after compliance with the regulatory framework established in the country. In the same way, the registration of these persons will be made before the immigration control authorities, in order to obtain the respective Cedula de Extranjería.
(f) Facilitating the processing of requests for reduced fares to be submitted for consideration by the aeronautical authority, the air carriers operating in the country, for the operation of the IOM programs to and from Colombia, within the Aeronautical policies of the country.
g) To study jointly with the IOM the measures that are deemed necessary to facilitate and achieve the integration of immigrants and their families into the country.
(h) Adopt the necessary provisions for the effective implementation of this Agreement both in the country and through its Diplomatic Missions and Consular Offices abroad and to keep these Representations informed. activities of the IOM in Colombia.
5.2 In accordance with national law, the Government shall grant to the IOM the permits and authorizations required for the importation of the supplies, equipment and other material necessary for the achievement of the objectives. established pursuant to this Agreement. Supplies, equipment and other material intended for cooperation programmes or other official activities related to the fulfilment of the objectives of the IOM shall not be subject to direct taxes, taxes on the added value, indirect taxes, fees and contributions, provided that they are in accordance with the provisions of the Andean Community Commission and national legislation.
5.3 The government will adopt the appropriate administrative provisions to make the direct exemption or the return of direct or indirect taxes payable as part of the price of supplies and equipment that will be effective. are acquired in the country for cooperation programmes or other official activities. It is understood that the IOM will assign high priority to the purchase in the country of supplies, equipment and other material that meet its requirements in terms of quality, price and date of delivery, the above according to the national regulations in the material.
5.4 The Government will recognise the free provision of intellectual property rights, patent rights, copyright and related rights for discoveries, inventions, projects, research, publications or works made by IOM officials or consultants who have been transferred to it, both in Colombia and in other countries.
5.5 The Government and the IOM will consult each other on the publication and dissemination of results and other information derived from the Technical Cooperation programmes, which may be useful to other countries and to the IOM itself.
ARTICLE VI. PRIVILEGES AND IMMUNITIES OF THE BODY.
6.1 In its capacity as an International Body, the IOM shall enjoy in the territory of the Republic of Colombia all privileges and immunities granted to the United Nations Organization and its Specialized Agencies by the Government, those laid down in the rules and rules of international customary law applicable, and those laid down in this Agreement.
6.2 Mission Offices in Colombia are inviolable. The authorities of the Republic of Colombia may only enter them to exercise official functions with the consent or at the request of the IOM Representative and under the conditions approved by the IOM. The Office of the Mission of the IOM in Colombia comprises the grounds and buildings that "the Agency" arrives or acquires, and that have been informed and agreed in advance with the General Direction of the Protocol of the Ministry of Foreign Affairs of Colombia.
6.3 The IOM, its assets and assets in any part of the territory, fully identified by the IOM to the competent authority, shall enjoy immunity in respect of any judicial and administrative proceedings, and shall not be subject to registration, review, audit, embargoes, awards, precautionary or enforcement measures provided that such assets and assets are used in the development of the Agency's own activities.
6.4 The assets, enclosures, premises, files, dependencies, facilities and vehicles owned by the IOM and the documentation belonging to it shall be inviolable. All these places, the assets and assets of the IOM, wherever they may be, will enjoy immunity from searches, records, closures, requisitions, confiscations, expropriations and any other form of intervention, administrative, executive, judicial or legislative character.
6.5 The IOM will have the right to use codes or keys in their official correspondence, as well as to dispatch or receive it by mail or sealed bags, which will have the same privileges and immunities of the post and diplomatic bags. The Government of the Republic of Colombia recognizes the Agency, to the extent compatible with the provisions of the international conventions, regulations and agreements in which Colombia is part, as regards its postal communications, (a) to ensure that, in the light of the current situation, the Commission has taken the necessary measures to ensure that the Commission is in a position to take the necessary measures to ensure that the rules are not met. postal mail, telephone communications and other telecommunications services.
6.6 Agreed with national legislation, IOM, as well as its assets and assets, income, income and other resources for the fulfillment of its objectives, contracts, as well as the acquisition of goods and services will be exempt from:
(a) All taxes of a national direct or indirect nature and contributions, except those that are generated on particular services.
(b) Customs duties or equivalent charges and any other national tax, fee, contribution or payment for service, prohibitions and restrictions on goods imported for official use.
(c) Customs duties and charges that may affect the export of their publications, goods or articles.
6.7 The IOM will not act as a withholding agent, although this does not imply that the beneficiaries of the income are exempt from taxes in Colombia and that they fulfill the formal obligations inherent in this condition.
6.8 For the purposes of this agreement and exclusively to meet expenses for its operation and objectives, the IOM may execute the following operations:
a) Introduce in the Colombian territory or acquire within it, own, convert to any currency and transfer to the outside money, securities or securities in gold or foreign currency in accordance with the rules in force in the Republic of Colombia the time of each operation, under the same conditions as the Government grants to the United Nations Agencies and other International Organizations of the same rank.
b) Take your accounts and financial statements in any currency or accounting system.
ARTICLE VII. STAFF PRIVILEGES AND IMMUNITIES.
7.1 The Permanent Representative and the international officials of the IOM office accredited in Colombia, as agreed by the IOM and the Government, will have the same privileges and immunities as the Government grants to other officials International organizations accredited in Colombia, who enjoy immunity from jurisdiction in respect of all acts performed by them on an official basis. To this end, the name of the Permanent Representative of the IOM and the Deputy Permanent Representative shall be included in the list of officials of International Organizations.
7.2 Without prejudice to the previous paragraph, foreign officials of international category of IOM, officially accredited to the Directorate General of the Protocol of the Ministry of Foreign Affairs of Colombia, who are engaged in exclusively to the tasks of the IOM and are paid in full by the IOM:
(a) They shall be immune against any administrative or judicial process with respect to the acts they perform and the expressions they issue through any means in the performance of their duties.
b) They will be exempt from taxes on their work income paid by the IOM.
(c) They shall be exempt from the provision of military service.
d) They will be immune both as well as their spouse and minor children, from all immigration restrictions and foreign registrations.
e) They and their spouse and minor children will be given the same repatriation facilities in times of international crisis, which are enjoyed by the Diplomatic Officials.
f) They will have the right to import, free of rights, their furniture and personal effects according to the rules in force for the officials and experts of International Organizations.
g) They will be agreed on the international movement of funds, equal to those enjoyed by officials of equivalent category belonging to the Diplomatic Missions accredited to the Government.
h) They may sell in the country the vehicles that they import for use in the conditions that are agreed with the government, up to the amount of the quotas authorized by installation or year of stay, which will not be less favorable to the established ones for United Nations Agencies and other International Organizations.
i) In general, they will enjoy the same treatment that the government grants to the members of the staff of similar rank of the United Nations Agencies.
7.3 The spouse, minor children of the Permanent Representative of the IOM and the Deputy Permanent Representative duly accredited to the Government of the Republic of Colombia shall enjoy the same immunities and privileges of the members of the families of officials of other United Nations agencies under the conditions and with the provisos laid down in their respect in the 1946 New York Convention on the Privileges and Immunities of the United Nations and in the Customary International Law.
7.4 Staff contracted in accordance with the IOM Staff Regulations and Regulations shall enjoy the same treatment as the Government grants to members of staff of similar rank who work with the United Nations Agencies. In particular, they shall have immunity from any administrative or judicial proceedings in respect of the acts they carry out and the expressions they issue through any means in the performance of their duties.
7.5 Staff hired locally and remunerated for hours, and persons hired on a contract for the provision of services, or consulting, shall not benefit from the privileges and immunities of this Agreement and shall be governed by the laws of the colombian
7.6 The privileges and immunities are granted to IOM officials to safeguard their independence in the exercise of their activities and exclusively in the interest of the Agency.
7.7 The IOM will collaborate permanently with the competent authorities of the country to facilitate the proper and timely administration of justice, ensure compliance with laws, ordinances and regulations of transit, police and health, and to prevent any abuse that may arise with regard to the application of the privileges and immunities set out in this Agreement.
ARTICLE VIII. WAIVER OF IMMUNITIES AND PRIVILEGES.
Without prejudice to the provisions of this Agreement, the Director General of the IOM may waive the immunities and privileges recognized by the Colombian Government to the Agency or its Officials. Renunciation must always be expressed.
ARTICLE IX. TRAVEL FACILITIES.
9.1 Agreed with the national legislation, the Government shall take all necessary measures to facilitate the entry, residence or stay in the country and the departure of its territory, to the following persons who are required to carry out activities related to official IOM affairs:
(a) The non-national staff of the IOM and their family members, whose applications for Visa shall be addressed and resolved by the competent authorities of the Government with the greatest possible dispatch and speed;
(b) The advisers who must carry out mission in the country on behalf of the IOM, without regard to their nationalities;
c) Foreign officials of international category of IOM, whatever the existing relations between their respective countries and Colombia. During their stay in the country, they will enjoy inviolability in any document, immunity from any judicial or administrative proceedings related to any act executed or expressed through any means in the country. exercise of their functions;
(d) In the area of airport charges, IOM officials and members of their board of directors who enter and leave the Colombian territory will have the same treatment as the officials of the United Nations Agencies.
ARTICLE X. REPRESENTATION OF THE ORGANIZATION.
10.1 The IOM shall exercise its functions of technical cooperation and other official activities through its Office in the country, which shall be headed by a resident official appointed by the Director-General of the IOM, and who shall have his The office of the IOM in Colombia.
10.2 Will be the principal functions of the resident official designated by the Director General for Colombia:
a) Represent the Director-General before the national authorities and serve the channel of communication between the Government and the IOM, in any case related to the Technical Cooperation Programmes in the country;
b) Coordinate the IOM's technical and scientific cooperation activities and operations;
c) Fulfill the other functions and tasks conducive to the best fulfillment of the purposes and purposes of the IOM in general and the country in particular.
ARTICLE XI. ENTRY INTO FORCE, DURATION.
This Agreement shall enter into force once the Parties notify each other that they have complied with the internal requirements of rigour, and the Agreement between the Government of the Republic of Colombia and the Intergovernmental Committee for the European Migration-CIME of 20 December 1958 and the Agreement on Privileges and Immunities of the Intergovernmental Committee for European Migration, signed by the parties on 14 May 1981. In the event of obstacles to the smooth development of this Agreement, the Parties shall have the option of entering into consultations by written notification, which may be held at (30) days after their request, with a view to analysing and search for solutions of understanding on them.
ARTICLE XII. JOINT COMMITMENTS OF THE PARTIES.
12.1 The government and the IOM will be able to establish the coordination system that is necessary to facilitate the implementation of the programmes. Where deemed relevant, the Agency shall inform the Government, through the Ministry of Foreign Affairs, of any claim that may be made by third parties against the Agency, its staff or officials.
12.2 The Parties may request by common agreement the participation of third countries and International Organizations for both the financing and the implementation of programs and projects that arise from the cooperation activities contemplated in the this Agreement.
13.1 After a period of three years from the date of entry into force of the Agreement, either Party may denounce the Agreement, upon written notification, given six months in advance.
13.2 Without prejudice to the foregoing, the projects or programmes initiated or presented on the basis of this Agreement and which are in progress at the time of the denunciation shall continue to be executed until their normal conclusion, unless the Parts of common agreement provide otherwise.
ARTICLE XIV. DISPUTE RESOLUTION.
Any dispute which may arise between the Parties concerning the interpretation or application of this Agreement shall be settled by direct negotiations between them. In the event that these negotiations are not successful, the dispute will be subjected to the remaining means of peaceful resolution recognized by international law.
ARTICLE XV. RESPONSIBLE INSTANCES.
As responsible instances for compliance with the terms of this Agreement:
-- The Colombian side appoints the Foreign Ministry.
-- The Agency appoints the Permanent Representative in Colombia.
ARTICLE XVI. GENERAL PROVISIONS.
16.1 The Ministry of Foreign Affairs of Colombia will grant an identification document to the international officials of the Agency duly accredited.
It shall be resolved by the Parties in accordance with the relevant resolutions or decisions of the competent organs of the IOM and the constitutional and legal norms of the country. Each Party shall examine with all attention and support any proposal made by the other Party under this Article.
Made in Bogota, 5 days in May of two thousand nine (2009), in two equally authentic copies.
By the Government of the Republic of Colombia,
JAIME BERMUDEZ MERIZALDE,
Minister of Foreign Affairs.
By IOM,
WILLIAM L. SWING,
Director General.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., September 14, 2009.
Approved. Submit to the Congress of the Republic for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Jaime Bermudez Merizalde.
DECRETA:
Article 1o. I approved the Agreement on Cooperation and the Regime of Privileges and Immunities between the International Organization for Migration and the Government of the Republic of Colombia, " made in Bogota at the 5-day May two-month period. mil nine (2009).
Article 2o. In accordance with the provisions of Article 1 of Law 7a of 1944, the " Cooperation Agreement and Regime of Privileges and Immunities between the International Organization for Migration and the Government of the Republic of Colombia ", made in Bogota at 5 days of May of two thousand nine (2009), which is approved by article 1 of this law, will force the country from the date on which the international link with respect to it is perfected.
Article 3o. This law applies 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.
JAIME BERMUDEZ MERIZALDE,
Minister of Foreign Affairs.
