Key Benefits:
LAW 1463 OF 2011
(June 29)
Official Journal No. 48.116 of 30 June 2011
CONGRESS OF THE REPUBLIC
By means of which the "Agreement between the Governments of the Republic of Colombia and the Federative Republic of Brazil for the Establishment of the Border Special Regime Zone for the Localities of Tabatinga" is approved (Brazil) and Leticia (Colombia) ", signed in Bogotá, D. C., at 19 days of the month of September 2008.
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 Special Regime Zone for the localities of Tabatinga (Brazil) and Leticia (Colombia)", signed in Bogotá, D. C., at 19 days of the month of September 2008.
(To be transcribed: A faithful photocopy of the full text of the above International Instruments is attached).
SENATE BILL NUMBER 196 OF 2009 SENATE
by means of which the " Agreement between the Governments of the Republic of Colombia and the Federative Republic of Brazil for the Establishment of the Border Special Regime Zone for the Localities of Tabatinga (Brazil) and Leticia (Colombia) ", signed in Bogotá, D. C., at 19 days of the month of September 2008.
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 Special Regime Zone for the localities of Tabatinga (Brazil) and Leticia (Colombia)", signed in Bogotá, D. C., at 19 days of the month of September 2008.
(To be transcribed: A faithful and complete photocopy of the original text in Spanish of the Agreement, certified by the Coordinator of the Area of Treaties of the Office of Legal Counsel of the Ministry of Foreign Affairs, which consists of 6 (6) Folios, a document which is based on the Archives of the Legal Office of the Ministry of Foreign
.REASON EXPOSURE
Honorable Senators and Representatives:
On behalf of the National Government, and in compliance with articles 150 numeral 16, 189 numeral 2, and 224 of the Political Constitution of Colombia, we present to the honorable Congress of the Republic the Bill, by means of which the " Agreement between the Governments of the the Republic of Colombia and the Federative Republic of Brazil for the Establishment of the Regime Zone Border Special for the localities of Tabatinga (Brazil) and Leticia (Colombia) ", signed in Bogotá, D. C., at 19 days of the month of September 2008.
1. Leticia-Tabatinga Integration
The cities of Leticia and Tabatinga make up practically a single 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 limit that legally separates them.
Both Leticia and Tabatinga are the main centres for the location of economic activities, the largest population centres and service providers in their respective national regions.
Economic activities are primarily based on artisanal fishing and trade activities. The latter is given on a larger scale in Leticia where there is a considerable number of commercial establishments. Other important economic activities revolve around the military presence in both cities, tourism activities and the provision of services, particularly transport.
Given the international limit of these two cities, there are two airports, two ports on the Amazon River, two power generation plants and two water treatment and water treatment systems.
2. Background
The Colombo-Brazilian Neighborhood Commission was established and regulation by Decree 711 of April 16, 1993, in the development of the recommendations made by the Presidents of both countries in the Presidential Declaration of 3 September 1991, which aims to develop cooperation and joint development projects, as well as to energize economic and border areas in the following areas: transport and infrastructure, environment and development, integration physical and social development.
Currently, the Colombo-Brazilian Neighborhood Commission is made up of the sub-committee on border integration and development, the subcommittee on economic and trade affairs, and the environmental working group.
In the framework of the Ninth Meeting of the Neighborhood Commission, held on October 5 and 6, 2006, in Bogota, it was agreed that the issue of trade integration between Leticia-Tabatinga will be worked on at the level of governments. In addition, it was agreed to form a technical working group that will provide recommendations on how to advance this regional integration.
In development of the I Business Consulting held in Leticia on January 30 and 31, 2008 organized by the Ministry of Commerce, Industry and Tourism, identified the main obstacles to regional development and to improve the Leticia's competitiveness. At the table of foreign trade and customs, in terms of bilateral agreements with the neighboring countries, it was identified as regional problems that:
" Colombia and Brazil have signed several bilateral and multilateral treaties, in which the two states have expressed their willingness to give priority to the interests of their Amazon border populations, however, After decades of its validity, the entities of the two States, under the empire of their corresponding nationalism and institutional zeal have been engaged in making their corresponding national legislations prevail to the detriment of the interests regional of this shared border area, creating uncertainty and discomfort between their townspeople. "
Within this business office it was agreed that the Ministry of Foreign Affairs would study in a concerted manner with regional sectors the Project of Bilateral Agreement for the Integration and Development of the Leticia Municipalities and Tabatinga, presented by the Chamber of Commerce of the Amazon to the Colombian Foreign Ministry, in compliance with the provisions of the X Meeting of the Commission on Neighborhood and Integration Colombo-Brazil, held on November 12, 2007 in the city of São Paulo. Paulo (Brazil) and, it would advance the necessary steps to obtain the subscription this Agreement by the two States.
In the framework of the official visit of the President of Brazil, Mr. Luiz Inácio Lula da Silva, on July 19, 2008, the Presidents gave a new impetus to this issue, giving a period of 30 days to conclude the negotiations and to sign the agreement. Agreement.
Following two meetings with the Brazilian authorities to negotiate the terms of the Agreement, within the framework of the 11th meeting of the Colombo-Brazilian Neighborhood Commission held on September 19, 2008, the Agreement between the Governments of the Republic of Colombia and the Federative Republic of Brazil for the Establishment of the Zone of Special Border Regime for the localities of Tabatinga (Brazil) and Leticia (Colombia).
3. Colombia's Interests in Negotiation
The Colombian legislation by Decree 2685 of 1999 in Title XIII establishes the conditions for the Special Customs Regime Area of Leticia, which indicates that for the goods to be imported By Leticia, Puerto Narino and Tarapaca for use and consumption in the area, they are exempt from the payment of customs taxes, requirements and import licenses. For those operations that exceed $1,000 US dollars, they must present a simplified import declaration.
In this sense, Colombia allows the entry of goods for use and consumption in the region only with the fiscal note or simplified declaration and the goods are free from the payment of customs taxes and the payment of VAT. Given that the products purchased in Leticia do not have the same conditions for entry to Tabatinga, it was necessary to approve the requirements that are in the area.
Additionally, the control entities apply the national regulations, which can create difficulties for the border trade given the specificity of the zone, for which it was sought to achieve mutual recognition among the entities of control.
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 Special Regime Zone between the localities of Tabatinga (Brazil) and Leticia (Colombia) was signed on 19 March. September 2008. This Agreement aims at the development of the border region and to facilitate border trade between these two localities.
This regime applies to goods that are consumed or marketed in these locations free of taxes, registration, license, authorization or certification, except those arranged by internal regulations.
For goods intended for marketing, persons entitled to carry out commercial transactions are beneficiaries of this scheme in accordance with the provisions for this purpose in domestic legislation and must be established in the localities of Leticia and Tabatinga.
For these goods, a free trade of records, licenses, visas, certifications or authorizations will be applied, except those that apply to the entire national territory. Customs clearance shall be simplified. Only the commercial invoice shall be required, which shall be agreed between the Parties in order to facilitate customs control and control.
For payment of taxes payable in accordance with domestic law, which are not exempt under this scheme, a consolidated monthly customs declaration must be submitted.
Additionally, it was agreed that in order to facilitate trade in the area, the mutual recognition of certifications of the control entities in the area, to which the commercial operation takes place, will be sought.
In terms of goods for consumption in the area, the beneficiaries of the regime are the persons domiciled in the border localities and the goods must be destined to the family use and consumption compatible with their needs and which not disclose for their type, volume or quantity, a commercial destination. For the entry to the rest of the national territory, the provisions contained in the internal regulations of each Party must be applied.
The income and departure of the goods are not subject to the presentation of any document except the commercial invoice or tax note.
For the entire regime it was contemplated that the goods under their protection are free in the case of Colombia of all customs taxes and in the case of Brazil, of the federal taxes incidents in foreign trade operations.
For the above considerations, the National Government, through the Minister of Foreign Affairs and the Minister of Commerce, Industry and Tourism, requests the Honorable Congress of the Republic to approve theAgreement between the Governments of the Republic of Colombia and the Federative Republic of Brazil for the establishment of the zone of Special Border Regime for the Localities of Tabatinga (Brazil) and Leticia (Colombia) ", signed in Bogotá, D. C., at 19 days of September 2008.
Of the honorable congressmen,
The Foreign Minister,
Jaime Bermudez Merizalde.
The Minister of Commerce, Industry and Tourism,
Luis Guillermo Plata Paez
1998 424 LAW
(January 13)
by which the follow-up to the international conventions signed by Colombia is ordered.
The Congress of Colombia
DECRETA:
Article 1o. The National Government through the Foreign Ministry will submit annually to the Senate and Senate Foreign Relations Committees, and within the first thirty days of the legislative period, which begins every 20 years. July, a detailed report on how the existing International Conventions signed by Colombia with other States are being complied with and developed.
Article 2o. Each dependency of the National Government responsible for implementing the International Treaties of its competence and requiring reciprocity in them, will transfer the relevant information to the Ministry of Foreign Affairs and the Ministry of Foreign Affairs. Second.
Article 3o. The full text of this law shall be incorporated as an annex to any and all International Conventions that the Ministry of Foreign Affairs presents to the Congress.
Article 4o. This law governs from its enactment.
The President of the honorable Senate of the Republic.
Amilkar Acosta Medina.
The Secretary General of the honorable Senate of the Republic,
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.
COLOMBIA-NATIONAL GOVERNMENT
Publish and execute.
Dada en Santa Fe de Bogota, D. C., on January 13, 1998.
ERNESTO SAMPER PIZANO
The Foreign Minister,
Maria Emma Mejia Velez.
AGREEMENT BETWEEN THE GOVERNMENTS OF THE REPUBLIC OF COLOMBIA AND THE FEDERAL REPUBLIC OF BRAZIL FOR THE ESTABLISHMENT OF THE BORDER SPECIAL REGIME AREA FOR THE LOCALITIES OF 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 border trade facilitation regime for the localities of Tabatinga (Brazil) and Leticia (Colombia),
DECIDE:
Adopt special trade regime for the aforementioned localities, to be further described.
GENERAL PROVISIONS.
1. The Special Regime established by this Agreement applies to the trade in goods between the border localities of Tabatinga (Brazil) and Leticia (Colombia) for exclusive consumption or marketing in the area.
2. The border localities referred to in paragraph 1 correspond to the geographical delimitation of the urban area, of each of the localities, as it consists in the internal normativity of each of the Parties.
TRADING RULES.
They will be beneficiaries of the Border Trade Facilitation regime established in this chapter, persons entitled to conduct business operations under the internal legislation of each Party and regularly established in the border localities referred to in Article 1, acting in trade, registered by the Customs Administration with jurisdiction over the locality of the establishment, in the form established by it.
Commercial operations carried out by persons in the form provided for in Article 2 shall enjoy the simplified scheme, consisting of:
(a) Dispensa of registration or license and of any other visa, authorization or certification, except the application of the sanitary, phytosanitary, animal and environmental standards in force. Such commercial operations shall not be exempt from the inspection of the control authorities where they are deemed necessary.
(b) Simplified customs clearance on import and export, carried out on the basis of only the commercial invoice or fiscal note, provided that it is possible by electronic means, the content of which shall be agreed between the signatory parties, to facilitate customs control and control.
(c) Presentation of a consolidated customs declaration and payment of any taxes and other recurring import or export duties on a monthly basis, together with all invoices or tax notes of the company, in the period, and other elements necessary for the determination of taxes payable in accordance with the legislation of each Party;
(d) Exemption from the presentation of the certificate of origin corresponding to the preferential treatment agreed in the framework of the trade agreements.
e) The customs declaration referred to in the 'c' literal shall be submitted by the importer or the approved exporter until the fifth day of the following month when the operation is carried out, including the import operations or export made under the scheme in the month immediately preceding it.
(f) In accordance with the internal legislation of each Party, no payment of taxes, customs duties or other expenses shall be required before the date specified in the literal "e".
1. The customs authorities of both parties shall, by common agreement, lay down penalties for persons who infringe the conditions and requirements of this scheme, without prejudice to the application of other penalties provided for in the legislation of each signatory party, within a period not longer than three (3) months of its entry into force.
1. The Parties undertake to seek the harmonization of the formal conditions and requirements and the procedure for registration in the Regime, the content of information and other providences to ensure the implementation of the same, within a period of time. greater than three (3) months of its entry into force.
2. The customs administrations of the signatory parties may provide information on those recorded in the scheme, as well as exchange of statistical and fiscal intelligence information on the operations carried out in the field of Present Agreement.
APPLICABLE TO CONSUMPTION.
Persons domiciled in the border localities, as defined in Article 1or.
, shall be beneficiaries of the Regime established in this chapter.
For the introduction of goods from the area to the rest of the national territory, the provisions contained in the current national regulations of each Party must be applied.
The Regime referred to in Article 6or applies to items for household use and consumption in the border localities referred to in this Agreement, compatible with their needs and from they do not disclose, by their type, volume or quantity, commercial destination.
The entry and exit of goods or products covered by this chapter shall not be subject to registration or declaration of import or export, and must be accompanied by commercial invoice or fiscal note, issued whenever possible by electronic means and supplied by the commercial establishment regularly established and located in one of the border localities referred to in this Agreement.
Persons who infringe the conditions of this Chapter shall be subject to the application of the penalties provided for in the legislation of each Party.
OF TAXATION.
Merchandise marketed under the Scheme shall be exempt from payment:
a) in the case of Brazil, of the federal taxes incidents in foreign trade operations; and
b) in the case of Colombia, of customs taxes.
FINAL PROVISIONS.
The entry and exit of goods in need of authorization from other intervening organs in foreign trade operations must be instructed with the consent of the latter, which may be carried out on the commercial invoice itself.
The Regime established in this Agreement does not apply to the merchandise or species of fauna and flora whose import or export is prohibited or controlled under national law, from each Party.
Goods placed on the market under this Regime that are found outside the border localities defined in Article 1or, shall be subject to the treatment or penalties provided for in the national legislation of each Party.
The goods covered by this Agreement may be sent to other locations of the Parties to the Parties for the repair and/or maintenance, in accordance with their regulatory standards.
The Parties shall establish by common agreement, the goods that shall not be eligible under this Regime, within the time limit set out in Article 5or.
The Regime established in this Agreement shall be reassessed periodically, as agreed between the signatory parties, in a period not exceeding two (2) years, in terms of the adequacy of the local economies ' reality, (i) including the introduction of value limits for the use of the simplified procedure.
ARTICLE 18. DISPUTE RESOLUTION.
Any dispute related to the interpretation or implementation of this Agreement shall be resolved by the contracting parties by diplomatic means.
ARTICLE 19. ENTRY INTO EFFECT.
The Agreement shall enter into force 30 days from the date of receipt of the second diplomatic note by which one of the Parties informs the other of compliance with the internal requirements for entry into force.
Signed in Bogota, 19 days of the month of September 2008, in two originals, written in Portuguese and Spanish, both texts being equally identical.
By the Republic of Colombia
CAMILO REYES RODRIGUEZ,
Deputy Minister of Foreign Affairs, in charge of the Office of the Foreign Minister.
By the Federative Republic of Brazil
SAMUEL PINHEIRO GUIMARIES,
Secretary General of Foreign Relations.
THE COORDINATOR OF THE TREATY AREA OF THE OFFICE OF THE MINISTRY OF FOREIGN AFFAIRS
CERTIFIES:
That the reproduction of the text above is a faithful and complete photocopy of the original text in Spanish of the "Agreement between the Governments of the Republic of Colombia and the Federative Republic of Brazil for the Establishment of the Regime Zone" "border special for the localities of Tabatinga (Brazil) and Leticia (Colombia)", signed in Bogotá, D. C., at the 19 days of September 2008, which consists of six (6) folios, a document that rests in the archives of the Advisory Office Legal status of the Ministry of Foreign Affairs.
Dada en Bogotá, D. C., a twenty-seven (27) days of the month of August of two thousand nine (2009).
The Treaty Area Coordinator, Legal Advisory Office,
Margarita Eliana Manjarrez Herrera.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., September 14, 2009
Approved. Submit to consideration of 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 "between the Governments of the Republic of Colombia and the Federative Republic of Brazil for the Establishment of the Border Special Regime Zone for the localities of Tabatinga (Brazil) and Leticia (Colombia) ", signed in Bogotá, D. C., at 19 days of the month of September 2008.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "between the Governments of the Republic of Colombia and the Federative Republic of Brazil for the Establishment of the Special Regime Zone Border for the localities of Tabatinga (Brazil) and Leticia (Colombia) ", signed in Bogotá, D. C., on the 19th day of September 2008, which by the first article of this law is approved, will force the country from the date on which it is perfect the international link with respect to the same.
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 Commerce, Industry and Tourism.
The Foreign Minister,
Jaime Bermudez Merizalde.
The Minister of Commerce, Industry and Tourism,
Luis Guillermo Plata Paez.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., September 14, 2009
Approved. Submit to consideration of 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 "between the Governments of the Republic of Colombia and the Federative Republic of Brazil for the Establishment of the Border Special Regime Zone for the localities of Tabatinga (Brazil) and Leticia (Colombia) ", signed in Bogotá, D. C., at 19 days of the month of September 2008.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "between the Governments of the Republic of Colombia and the Federative Republic of Brazil for the Establishment of the Special Regime Zone Border for the localities of Tabatinga (Brazil) and Leticia (Colombia) ", signed in Bogotá, D. C., on the 19th day of September 2008, which by the first article of this law is approved, will force the country from the date on which it is perfect 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,
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
Communicate and comply.
Execute, upon review of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada in Bogotá, D. C., on June 29, 2011.
JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of Commerce, Industry and Tourism,
SERGIO DIAZGRANADOS GUIDA.
