Law 1463 2011

Original Language Title: LEY 1463 de 2011

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ACT 1463 2011
(June 29)
Official Gazette No. 48116 of June 30, 2011 CONGRESS OF THE REPUBLIC

Through which the "Agreement between the Governments of the approved Republic of Colombia and the Federative Republic of Brazil for the establishment of the Zone of Special Regime Border for the towns of Tabatinga (Brazil) and Leticia (Colombia) ", signed in Bogotá, DC, this 19th day of September Jurisprudence 2008. Effective



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THE CONGRESS OF THE REPUBLIC
having regard to the text of the "Agreement between the Governments of the Republic of Colombia and the Federative Republic of Brazil for the establishment of the Border Area Special Regime for the towns of Tabatinga (Brazil) and Leticia (Colombia) ", signed in Bogotá, DC, this 19th day of September 2008.
(to be transliterated: faithful copy of the full text of the aforementioned international instruments attached).
196 bill number 2009 SENATE
through which the "Agreement between the Governments of the Republic of Colombia and the Federative Republic of Brazil for the establishment of the Border Zone Special Regime for approving the towns of Tabatinga (Brazil) and Leticia (Colombia) ", signed in Bogotá, DC, this 19th day of September 2008.
the Congress
having regard to the text of the" Agreement between the governments of the Republic of Colombia and the Federative Republic of Brazil for the establishment of the Zone of Special Regime Border for the towns of Tabatinga (Brazil) and Leticia (Colombia) ", signed in Bogotá, DC, on the 19th day of the month
September 2008. (to be transliterated: true and complete copy of the original text in Castilian the Agreement, certified by the Coordinator of the Treaties of the Legal Office of the Ministry of Foreign Affairs, which comprises attached six (6) pages, document rests in the archives of the Legal Office of the Ministry of Foreign Affairs). EXPLANATORY STATEMENT

Honorable Senators and Representatives:
On behalf of the Government, and in accordance with Articles 150, paragraph 16, 189 paragraph 2 and 224 of the Constitution of Colombia, presented the honorable Congress of the Republic the bill, through which the "Agreement between the Governments of the Republic of Colombia and the Federative Republic of Brazil for the Establishment of the area of ​​Special Regime Border for the towns of Tabatinga (Brazil approved ) and Leticia (Colombia) ", signed in Bogotá, DC, this 19th day of September 2008.
1. Leticia-Tabatinga integration
The cities of Leticia and Tabatinga make up almost one city with an urban agglomeration of approximately 78 thousand inhabitants. Both cities are located on the left bank of the Amazon river and there is a free movement of goods and people despite the international border that separates them legally. Both Leticia and Tabatinga
are the main centers of location of economic activities, the largest population centers and service provider centers of their respective national regions.
Economic activities are based primarily on artisanal fishing and trading activities. The latter occurs in larger scale in Leticia where a considerable number of commercial establishments. Other important economic activities revolve around military presence in both cities, tourism activities and the provision of services, particularly transport.
Given the international boundary of these two cities, two airports, two ports on the Amazon River, two power generation plants and two treatment systems and water purification.
2. Background The Commission Neighbourhood
Colombo-Brazilian was formed and regulated by Decree 711 of April 16, 1993, in development of the recommendations made by the presidents of both countries in the Presidential Statement of 3 September 1991, which it aims to develop cooperation and joint projects development and boost economic and border matters in the following areas: transport and infrastructure, environment and development, physical integration and social development.
Currently, the Commission Colombo-Brazilian neighborhood is made up of the subcommittee on border integration and development, the subcommission of economic and trade issues, and work group environment.

In the framework of the IX Meeting of the Neighborhood Commission, held on 5 and 6 October 2006 in Bogotá, it was agreed that governments level the issue of trade integration between Leticia-Tabatinga work. In addition, the formation of a technical working group that would provide recommendations on how to advance this regional integration was agreed. I
In Business Development Office held in Leticia on 30 and 31 January 2008 organized by the Ministry of Commerce, Industry and Tourism, the main obstacles to regional development and to improve the competitiveness of Leticia was identified. In the table of foreign trade and customs, in bilateral agreements with neighboring countries, identified as regional that problem:
"Colombia and Brazil have signed several bilateral and multilateral treaties, in which the two States have expressed their will give priority to the interests of its Amazonian border populations, however, after decades of its validity, the entities of the two states under the rule of their respective nationalism and institutional zeal have endeavored to assert their relevant national laws to the detriment of regional interests in this shared border area, generating uncertainty and unrest among its people ".
Within this business office it agreed that the Foreign Ministry would study in concert with the regional sectors Project Bilateral Agreement for the Integration and Development of Leticia and Tabatinga Municipalities, presented by the Chamber of Commerce of Amazonas the Colombian Foreign Ministry, in compliance with the provisions of the Tenth Meeting of the Committee of neighborhood and Integration Colombo-Brazilian, on 12 November 2007 in the city of Sao Paulo (Brazil) and would advance the necessary steps to achieve signing of this Agreement by the two States.
In the framework of the official visit of Brazilian President Luiz Inacio Lula Mr. da Silva on July 19, 2008, the Presidents gave a new impetus to this issue, giving a period of 30 days to conclude negotiations and sign the Agreement.
After two meetings with the Brazilian authorities to negotiate the terms of the Agreement, in the framework of the XI meeting of the Neighborhood Commission-Brazilian Colombo on September 19, 2008 the Agreement between the Governments of the Republic was signed of Colombia and the Federative Republic of Brazil for the Establishment of the Special Regime Border area for the towns of Tabatinga (Brazil) and Leticia (Colombia).
3. Interests in Negotiating
Colombia Colombian law by Decree 2685 of 1999 in Title XIII sets out the conditions for the Special Zone Customs Regime of Leticia, which indicates that goods imported by Leticia, Puerto Nariño and Tarapaca for use and consumption in the area, are exempt from customs duties, requirements and import licensing. For those operations that exceed $ 1,000 US dollars, they must submit a simplified import declaration.
In this regard, Colombia allows the entry of goods for use and consumption in the region only with the invoice or simplified declaration and the goods are free from payment of customs duties and VAT payment. Since products bought in Leticia do not have the same conditions for entry to Tabatinga, it was necessary to standardize the requirements are in the area.
In addition, the control entities apply national regulations which may create difficulties at border trade given the specificity of the area, which is sought to achieve mutual recognition between the control entities.
4. negotiated conditions
The Agreement between the Governments of the Republic of Colombia and the Federative Republic of Brazil for the Establishment of the Border Area Special Regime between the towns of Tabatinga (Brazil) and Leticia (Colombia) was signed on 19 September 2008. This Agreement aims the development of the border region and facilitating border trade in these two locations.
This regime applies to goods that are consumed or sold in these locations free of taxes, registration, license, authorization or certification, except those laid down by internal regulations.
For goods for marketing, they are beneficiaries of this scheme persons authorized to conduct business operations as stipulated for this purpose in domestic law and must be established in the towns of Leticia and Tabatinga.

For these goods a free trade records, licenses, visas, certificates or authorizations, except those which by internal rules apply to the entire national territory will apply. Customs clearance will be simplified. Only the commercial invoice, which must be agreed between the Parties to facilitate customs control and supervision is required.
For the payment of taxes payable in accordance with domestic law, which are not exempt under this scheme, it shall submit a consolidated monthly customs declaration.
In addition, it was agreed that to facilitate trade in the region, mutual recognition of certificates of control entities in the area, which has place the commercial operation will be sought.
As for goods for consumption in the area are benefiting from the scheme persons domiciled in the border towns and the goods must be intended for use and household consumption compatible to their needs and which do not disclose their type, volume or quantity, a shopping destination. To enter the rest of the country should implement the provisions contained in the internal regulations of each Party.
The entry and exit of goods are not subject to the presentation of any document other than the invoice or tax note.
For the entire regime contemplated that the goods are free under its protection in the case of Colombia of all customs duties and in the case of Brazil, incidents of federal taxes in foreign trade operations.
By the foregoing, the Government, through the Minister of Foreign Affairs and the Minister of Commerce, Industry and Tourism requests the Honorable Congress to approve the "Agreement between the Governments of the Republic of Colombia and of the Federative Republic of Brazil for the establishment of the area of ​​Special Regime for Border Cities in Tabatinga (Brazil) and Leticia (Colombia) ", signed in Bogotá, DC, this 19th day of September 2008. || | of the honorable congressmen,
the Minister of Foreign Affairs Jaime Bermudez
.
The Minister of Commerce, Industry and Tourism, Luis Guillermo Plata Paez


LAW 424 1998 (January 13)
why monitoring international agreements signed by Colombia is ordered .

The Congress of Colombia DECREES: Article 1.
. The National Government through the Foreign Ministry presented annually to the Second Committee on Foreign Affairs of the Senate and House, and within the first thirty calendar days after the legislative session that begins each July 20, a detailed report on how they are fulfilling and developing the existing international agreements signed by Colombia with other States. Article 2.
. Each branch of the National Government responsible for implementing international treaties within their competence and require reciprocity in them, will communicate the relevant information to the Ministry of Foreign Affairs and east to the Second Committees.
Article 3o. The full text of this law shall be annexed to each and every one of the international conventions that the Ministry of Foreign Affairs present to Congress.
Article 4o. This law governs from its promulgation.
The President of the honorable Senate.
Amilkar Acosta Medina.
The Secretary General of the honorable Senate, Pedro Pumarejo
Vega.
The President of the honorable House of Representatives, Carlos Ardila
Ballesteros.
The Secretary General of the honorable House of Representatives,
Diego Vivas Tafur.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota, DC, 13 January 1998.

Ernesto Samper Pizano Minister of Foreign Affairs, Emma Mejia Velez
Maria.
AGREEMENT BETWEEN THE GOVERNMENTS THE REPUBLIC OF COLOMBIA AND THE FEDERAL REPUBLIC OF BRAZIL FOR THE ESTABLISHMENT OF THE AREA OF SPECIAL REGIME FOR BORDER TOWNS Tabatinga (Brazil) and LETICIA (COLOMBIA)
The Government of the Republic of Colombia
and
the Government of the Federative Republic of Brazil,
Considering the commitment to the development of the border region and the desirability of establishing a special regime facilitation of border trade for the towns of Tabatinga ( Brazil) and Leticia (Colombia), DECIDE
:
Take special trade regime for the referred localities to continue described.

CHAPTER I. GENERAL PROVISIONS.
ARTICLE 1o.

1. The special arrangements established by this Agreement applies to trade in goods between the border towns of Tabatinga (Brazil) and Leticia (Colombia) for consumption or marketing exclusivity in the area.
2. Border areas that the 1st paragraph refers to correspond to the geographical boundaries of the urban area, of each of the towns, as stated in the internal regulations of each Party.

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CHAPTER II.
PROVISIONS APPLICABLE TO TRADE.
Article 2.
.
The beneficiaries of Border Trade Facilitation regime established in this chapter persons authorized to do business under the domestic law of each Party and regularly established in the border towns mentioned in article 1, to act on trade, registered by the Customs Administration with jurisdiction over the location of the establishment, in the manner prescribed by it.

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ARTICLE 3.
Commercial operations conducted by persons in the manner provided in article 2 shall enjoy the simplified system, consisting of:
a) Waiver of registration or license and any other visa authorization or certification, except for the application of health, plant health, animal health and environmental regulations in force. These commercial operations will not be exempt from the inspection of the supervisory authorities, when deemed necessary.
B) simplified customs clearance in import and export made based only on the commercial invoice or tax note, whenever possible emitted by electronic means, the content must be agreed between the contracting parties, to facilitate control and customs control.
C) Presentation of consolidated customs declaration and payment of any taxes and other recurring import duties or export on a monthly basis, bringing together all tax bills or notes of the company, in the period, and other elements necessary to the determination of the applicable taxes according to the laws of each Party;
D) Exemption from the submission of the certificate for preferential treatment agreed in the framework of trade agreements origin.
E) The customs declaration referred the letter "c" will be presented by the importer or exporter enabled until the fifth day of the month following the completion of the operation, comprising the steps of import or export made under the scheme in the immediately preceding month.
F) In accordance with the provisions of the domestic law of each Party, no payment of tax, customs duty or other costs being incurred, may be required prior to the date specified in the letter "e".

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ARTICLE 4.
1. The customs authorities of both parties, by agreement, establish penalties for people who violate the conditions and requirements of this regime, without prejudice to the application of other penalties provided for in the legislation of each signatory party, within no more than three (3) months after its entry into force. Effective Jurisprudence



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The 5th ITEM.
1. The Parties undertake to seek harmonization of conditions and formal requirements and the procedure for registration in the scheme, the content of information and other measures to ensure its implementation within a period not exceeding three (3) months its entry into force.
2. The customs administrations of the parties may provide to each other information on registered in the scheme, and exchange statistical and fiscal intelligence operations carried out in the scope of this Agreement information.
CHAPTER III.
PROVISIONS APPLICABLE TO THE CONSUMER.

ARTICLE 6o.
The beneficiaries of the scheme established in this chapter persons domiciled in border areas, as they are defined in article 1.

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ARTICLE 7.
For goods entering the area to the rest of the country, they must apply the provisions of existing national legislation of each Party.

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Article 8.
The procedure referred to in Article 6 applies to articles for use and consumption of family residing in the border towns this Agreement shall, consistent with their needs and since they do not reveal, by type, volume or amount, shopping destination.

Article 9.

The entry and exit of goods or products referred to in this chapter are not subject to registration or declaration of import or export must be accompanied by commercial invoice or tax notice issued whenever possible by electronic means, and provided by the commercial establishment regularly established and located in one of the border towns which this Agreement relates.

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ARTICLE 10. Persons who violate the conditions of this chapter shall be subject to the application of the penalties provided for in the legislation of each Party.

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CHAPTER IV.
Taxation.


ARTICLE 11. The merchandise marketed under the scheme shall be exempt from payment:
a) in the case of Brazil, incidents of federal taxes on foreign trade operations; and
b) in the case of Colombia, of customs duties.

CHAPTER V. FINAL PROVISIONS.


ARTICLE 12. Entry and exit of goods that require authorization of other organs involved in foreign trade operations shall be instructed with the consent of these, which may be effected on the commercial invoice itself.


ARTICLE 13. The regime set forth in this Agreement does not apply to the goods or species of fauna and flora whose import or export is banned or controlled under national legislation of each of the Parties.


ARTICLE 14. The goods traded under this regime which they were found outside the border areas defined in article 1, subject to treatment or penalties under national legislation of each Party.


ARTICLE 15. The merchandise covered by this Agreement may be sent to other locations of the signatory parties for repair and / or maintenance, in accordance with its regulations.


ARTICLE 16. The Parties shall agree, goods shall not be eligible under this scheme, within the period prescribed in article 5.
ARTICLE 17.

The regime established in this Agreement shall be reevaluated periodically, as may be agreed by the signatories, in a period not exceeding two (2) years, in what refers to the adequacy of the reality of local economies, including as regards the possible introduction of value limits for the use of the simplified procedure.

ARTICLE 18. DISPUTE.
Any dispute concerning the interpretation or implementation of this Agreement shall be settled by the contracting parties through diplomatic channels.

ARTICLE 19. ENTRY INTO FORCE.
The Agreement shall enter into force 30 days from the date of receipt of the second diplomatic note by which a Party informs the other compliance with internal requirements for its entry into force.
Signed in Bogotá, on the 19th day of September 2008 in two originals, written in Portuguese and Spanish, both equally authentic texts.
For the Republic of Colombia
Camilo Reyes Rodriguez,
Deputy Foreign Minister in charge of the functions of the Office of Minister of Foreign Affairs.
For the Federative Republic of Brazil
Samuel Pinheiro Guimaraes,
Secretary General of Foreign Affairs.
THE PACT OF TREATED AREA COORDINATOR OFFICE OF LEGAL ADVISOR MINISTRY OF FOREIGN AFFAIRS TO CERTIFY
:
That the reproduction of text above is true and complete copy of the original text in Castilian the "Agreement between the governments of the Republic of Colombia and the Federative Republic of Brazil for the establishment of the area of ​​border special regime for the towns of Tabatinga (Brazil) and Leticia (Colombia) ", signed in Bogotá, DC, on the 19th day of the month September 2008, which consists of six (6) pages, document is on file Legal Advisory Office of the Ministry of Foreign Affairs.
Given in Bogotá, DC, twenty-seven (27) days of August two thousand and nine (2009).
Treaty Area Coordinator, Office of General Counsel, Margarita Eliana Manjarrez
Herrera. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, September 14, 2009
Approved. Submit to the Congress of the Republic for constitutional purposes.
(Sgd.)
The Alvaro Uribe Foreign Minister
(Sgd.) Jaime Bermudez.
DECREES:

Article 1o. To approve the "Agreement between the Governments of the Republic of Colombia and the Federative Republic of Brazil for the establishment of the Zone Border Special Regime for the towns of Tabatinga (Brazil) and Leticia (Colombia)", signed in Bogotá, DC, on the 19th day of September 2008. Article 2.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Agreement between the Governments of the Republic of Colombia and the Federative Republic of Brazil for the establishment of the Zone of Special Regime Border for the towns of Tabatinga ( Brazil) and Leticia (Colombia) ", signed in Bogotá, DC, this 19th day of September 2008, that the first article of this law passed, will force the country from the date of perfect compared to the same international link.
Article 3o. This law applies from the date of publication.
Given in Bogotá, DC, honorable
Presented to Congress by the Minister of Foreign Affairs and the Minister of Commerce, Industry and Tourism.
The Minister of Foreign Affairs Jaime Bermudez
.
The Minister of Commerce, Industry and Tourism, Luis Guillermo Plata Paez
. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, September 14, 2009
Approved. Submit to the Congress of the Republic for constitutional purposes.
(Sgd.)
The Alvaro Uribe Foreign Minister
(Sgd.) Jaime Bermudez.
DECREES: Article 1.
. To approve the "Agreement between the Governments of the Republic of Colombia and the Federative Republic of Brazil for the establishment of the Zone Border Special Regime for the towns of Tabatinga (Brazil) and Leticia (Colombia)", signed in Bogotá, DC, on the 19th day of September 2008. Article 2.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Agreement between the Governments of the Republic of Colombia and the Federative Republic of Brazil for the establishment of the Zone of Special Regime Border for the towns of Tabatinga ( Brazil) and Leticia (Colombia) ", signed in Bogotá, DC, this 19th day of September 2008, that the first article of this law passed, will force the country from the date of perfect compared to the same international link.
Article 3o. This law applies from the date of publication.
The President of the honorable Senate, Armando Benedetti
Villaneda.
The Secretary General of the honorable Senate,
EMILIO RAMÓN OTERO DAJUD.
The President of the honorable Chamber of Representatives,
CARLOS ALBERTO DIAZ ZULUAGA.
The Secretary General of the honorable House of Representatives,
JESUS ​​ALFONSO RODRÍGUEZ CAMARGO.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
transmittal and enforcement.
Run, after review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Bogotá, DC, on June 29, 2011.

CALDERON JUAN MANUEL SANTOS Minister of Foreign Affairs Maria Angela Holguin
CUÉLLAR.
The Minister of Commerce, Industry and Tourism, Sergio Díaz-Granados Guida
GUIDA.


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