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Act 1511 2012

Original Language Title: LEY 1511 de 2012

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ACT 1511

(February 6)

Official Journal No. 48.335 of 6 February 2012

CONGRESS OF THE REPUBLIC

By means of which the "Constitutive Act of the Association of Ibero-American States for the Development of the National Libraries of the Countries of Ibero-America-Abinia-" is approved, signed in Lima, 12 days of the month of One thousand nine hundred and ninety-nine.

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THE CONGRESS OF THE REPUBLIC

Having regard to the text of the "Constitutive Act of the Association of Ibero-American States for the Development of the National Libraries of the Countries of Ibero-America-Abinia-", signed in Lima, on the twelve days of October of a thousand nine hundred and ninety-five and nine.

(To be transcribed: photocopy of the full text of the above International Instruments is attached).

CONSTITUTIVE ACT OF THE ASSOCIATION OF IBERO-AMERICAN STATES FOR THE DEVELOPMENT OF THE NATIONAL LIBRARIES OF THE COUNTRIES OF IBERO-AMERICA-ABINIA-

States Parties to this Act,

CONSIDERING:

1. That the Ibero-American States constitute a cultural community that is expressed mainly in two related languages, Spanish and Portuguese, and has, therefore, convergences of interests in the defense of its cultural acervos and in the need of integrate efforts for common goals.

2. That there is a cultural heritage of high significance in the funds deposited in national libraries, which must be organized, preserved and disseminated so that their extensive use contributes more effectively to the development and integration of the Latin American nations.

3. That national libraries have common purposes, derived from their nature and their leadership roles in the field of library policy and the conservation of the bibliographic heritage.

4. That there is a determination to look for solutions to common problems through joint and coordinated actions.

5. That since 1989, when the Association of National Libraries of Ibero-America-Abinia-is created in Mexico with the character of non-profit civil association, the directors of the national libraries of the region, or their representatives, have Annual meetings to coordinate actions for cooperation and exchange of experiences and knowledge, which have been implemented in regional projects and in the improvement of the national library members of the Association.

6. That the experience accumulated during these years has led the Abinia members to examine the need to change the character of the institution's civil partnership for one that corresponds best with its legal nature, scope and purpose, interest that has been endorsed by their respective governments;

Have agreed to:

ARTICLE I.

It is the Association of Ibero-American States for the Development of National Libraries of the Countries of Ibero-America-Abinia-, with the legal personality necessary to meet the objectives set out in this Act.

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ARTICLE II.

The headquarters of the Association will be in the country designated by the General Assembly and in that country the Executive Secretariat will operate. However, in the opinion of the Commission and by a favourable vote of two-thirds of its members, it may be recommended that the seat be moved temporarily or permanently to another country by means of a subscription to the relevant Protocol. Modification.

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ARTICLE III.

The Association will have the following objectives:

a) Collect and maintain up-to-date and retrospective information on the Ibero-American National Libraries.

b) Make the necessary steps to raise awareness of the significance and importance of the bibliographic and documentary heritage of the member countries.

c) Adopt policies, strategies, standards, and training programs for the preservation of national library collections.

d) Adopt compatible technical standards, which ensure bibliographic control, facilitate the exchange of materials and information and the automation of information systems.

e) Develop sources of national and regional references that encourage research, study, and exchange of information.

f) Link to national libraries with other libraries, as well as existing networks and information systems.

g) Disclosing collections through catalogues, editions, and exhibitions.

h) Support educational and training programs in services oriented to the updating and improvement of the human resources of national libraries, as well as training of users.

i) Interchanging experiences and conducting joint research on problems inherent in national libraries.

j) Provide technical assistance to members who request it.

k) Manage the procurement of financial, material and human resources that contribute to the consolidation and modernization of the collections and services of national libraries and to enable the implementation of cooperative programs.

(l) Conduct any other activity that the Parties decide, by common agreement, to carry out in compliance with the purposes of this Act.

Of the members of the Association.

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ARTICLE IV.

Members of the Association may be members of the Ibero-American States that sign and ratify the Association Act, in accordance with the procedure laid down in the articles nineteenth, href="ley_1511_2012.html#20"> 20th, twenty first , and twenty second of this Act.

Of the organs of the Association.

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ARTICLE V.

They are organs of the Association:

a) The General Assembly

b) The Board of Directors

c) The Executive Secretariat.

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ARTICLE VI.

1. The General Assembly is the highest organ of the Association. It is made up of the directors of the national libraries as representatives of the Member States, duly accredited by diplomatic channels in accordance with the legislation in force in each of the Member States. Each Member State shall be entitled to one vote, also in each of its subsidiary bodies. The Assembly will have basic functions:

a) The formulation of policies and strategies aimed at the fulfillment of the goals of the Association;

b) The approval of the management of its administrators and the seat of the Association;

c) The election of the members of the Board of Directors and the Executive Secretary, as set out in the articles ninth and fifteenth respectively;

d) The approval of the Association's internal operating regulations;

e) The approval of annual budgets and accounts presented to you by the Board of Directors;

f) The approval of new projects and the examination of their development;

g) The choice of the place of the successive assemblies and any other activities and/or representations that the Assembly, in the opinion of the majority or at the request of the Board of Directors, considers necessary to assume or to be assigned to it in the present Minutes.

2. They may be invited to participate in the Assembly, as observers, representatives of international bodies and related institutions, which may present presentations of interest to the Association.

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ARTICLE VII.

The Presidency, organization and coordination of the Annual Assembly will be the responsibility of the Director of the National Library of the country where it is held. The General Assembly shall meet in an ordinary manner once a year, and in an extraordinary manner at the request of at least two-thirds of its members. The quorum for sessioning shall require two-thirds of its members and the decisions shall be taken with the favourable vote of half plus one of the members present. A record shall be drawn up of the meetings of the General Assembly which shall be signed by the members present in the sign of approval.

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ARTICLE VIII.

The General Assembly may establish permanent or temporary committees to develop work in specific areas. For the establishment of the committees referred to above, the Board of Directors shall select the programmes it considers to be a priority and shall submit to the consideration of the Assembly.

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ARTICLE IX.

1. The General Assembly shall appoint the Board of Directors to be composed of six members, from which a president, a vice-president and his four vowels shall be elected, who shall last two years in their duties and may be re-elected by a only for a new consecutive period. The Council shall be renewed by halves annually.

2. The quorum for sessioning shall require the presence of at least four of its members, including the President. Decisions shall be taken unanimously and in the absence thereof by the majority of votes of the members present. The President's vote would lead the draws. A record shall be drawn up of the meetings of the Board of Directors to be signed by the members present in the sign of approval. The Secretariat of the Board of Directors shall be the same as the Association.

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ARTICLE X.

These are the functions of the Board of Directors:

a) Comply and enforce the resolutions and recommendations of the General Assembly.

b) Agree on the directives that guide the activities of the Executive Secretariat.

c) Propose to the Assembly, for approval, the annual budgets of revenue and expenditure presented to it by the Executive Secretariat.

d) Evaluate the Executive Secretary's annual management report.

e) Receive progress reports on existing projects by the Executive Secretariat.

f) Propose to the Assembly the annual quota to be contributed by the Members for the holding of the Association, and the manner in which it shall be cancelled.

g) Monitor the management of the Executive Secretariat and the standing or temporary committees and report to the Assembly.

h) Know and present for Assembly approval grants, grants, loans, and other operations that compel the Association.

i) Propose projects and programs to the General Assembly for approval. In unforeseen cases, the Council shall decide on this matter, and shall inform the Assembly, ex post, for its ratification.

j) Find extraordinary funds for project finance.

k) Any other matter of common interest entrusted to you by the Assembly.

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ARTICLE XI.

The Board of Directors shall meet in an ordinary manner at least once a year and, in extraordinary form at the request of its President or three of its members.

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ARTICLE XII.

1. The President of the Board of Directors shall have the following powers:

a) Represent the Association or make it represent in international organizations or other instances.

b) Delegate the Chair to the Vice President in case of justified impediment.

c) Represent the Association legally.

d) Report to the General Assembly of the management of the Board of Directors.

e) Convocation Council and General Assembly meetings.

2. In the event of legal, administrative or personal impairment, it shall be for the Vice-President to assume the President's duties until the end of his term of office.

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ARTICLE XIII.

The Vice President will have the following attributions:

(a) In cases of absence or temporary impairment of the President, exercise his or her duties for the duration of absence and impairment.

b) If the impediment is permanent, assume as President for the period that is lacking for the conclusion of the ordinary mandate for which he was appointed. The General Assembly will appoint a new Vice President at its next regular meeting.

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ARTICLE XIV.

The Executive Secretariat is the management body of the Association and will be in charge of an Executive Secretary. The Executive Secretariat shall operate at the headquarters of the Association.

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ARTICLE XV.

The Executive Secretary of the Association shall be appointed by the General Assembly by a favorable vote of two-thirds of the members present. It will last for two consecutive years. Both for his re-election and for his replacement, a simple majority vote of the members present in the General Assembly will be required.

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ARTICLE XVI.

The Executive Secretary will have the following functions:

a) Coordinate the implementation of the activities of the Association.

b) Fulfill and enforce decisions emanating from the Board of Directors and the General Assembly.

c) Monitor project compliance.

d) Prepare the ordinary and extraordinary meetings of the General Assembly and the Board of Directors.

e) Develop the work plan and the annual revenue and expense budget.

f) Attend the General Assemblies and meetings of the Board of Directors.

g) Manage the procurement of funds to finance the operation of the Association and the projects approved by the Assembly.

(h) Promote a permanent exchange of information and the implementation of cooperation activities between the different national libraries of the Member States of the Association and serve as a liaison between the work committees and the libraries National of the Region.

i) Collect information on the national libraries of the Member States of the Association and keep it updated.

j) Exercise the treasury function.

k) Prepare each year the Association's memory and accounts.

l) Edit and distribute the Association's newsletter, with the periodicity it deems necessary.

m) Other functions assigned to you by the Board of Directors or the General Assembly.

From the Heritage of the Association.

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ARTICLE XVII.

The heritage of the Association shall consist of:

(a) The contribution of ordinary or extraordinary contributions from the Member States, in the manner proposed by the Board of Directors.

b) Contributions from public institutions, private institutions and international organizations.

c) Goods acquired by the Association for any title.

d) The product of activities that are developed for the purpose of fundraising.

Of the official languages of the Association.

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ARTICLE XVIII.

Spanish and Portuguese will be the official languages of the Association. Official documents shall be drawn up in both languages.

Effective

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ARTICLE XIX.

The depositary State of this Act shall be the host country of the Association.

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ARTICLE XX.

This Act shall be subject to ratification and shall enter into force when at least three of the signatory States have deposited the Instrument of Ratification with the Government of the host country of the Association. For States that deposit their Instrument after this date it shall enter into force from the date of the corresponding deposit. The Ministry of Foreign Affairs of the host country of the Association shall notify all signatory States of the receipt of the instruments of ratification, as well as the date of entry into force of this Act in accordance with this Agreement. Article.

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ARTICLE XXI.

This Act will be open to the accession of any Ibero-American State, after consulting the General Assembly of ABINIA. The Instruments of Accession shall be deposited with the Government of the host country of the Association. The Ministry of Foreign Affairs of the host country shall notify all Member States of the Association of the receipt of the Instruments of Accession.

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ARTICLE XXII.

This Act shall have an indefinite duration. Any Member State may denounce the Act by diplomatic notification to the Government of the Country in which the association is situated. This complaint shall be effective from six months after the date of receipt of the said notification by the host country.

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ARTICLE XXIII.

Any Member State may propose to the General Assembly amendments to this Act at least six months before the annual ordinary meeting. The amendments shall enter into force if they have been ratified by all Member States.

This Act consists of two copies in Spanish and Portuguese languages, both equally authentic.

Lima, at the twelve days of the month of October of a thousand nine hundred and ninety-nine.

SUBSCRIBES, ESQUIA RUBIN DE CELIS NÚÑEZ, IN CHARGE OF THE LEGAL CONSULTANCY OF THE MINISTRY OF THE PEOPLE ' S POWER FOR FOREIGN RELATIONS OF THE BOLIVARIAN REPUBLIC OF VENEZUELA, CERTIFIES: " That the accompanying text, The constant of twenty-two (22) useful folios, is a faithful and accurate copy of the original of the "CONSTITUTIVE ACT OF THE ASSOCIATION OF IBERO-AMERICAN STATES FOR THE DEVELOPMENT OF THE NATIONAL LIBRARIES OF THE COUNTRIES OF IBEROAMERIA ABINIA", signed on October 12, 1999, in Lima, Peru. Certification issued in the city of Caracas, the first (1) day of the month of November 2007.

The head of the General Directorate of Legal Consultancy. Official Gazette number 38,688 dated May 22, 2007,

CELIS NUNEZ ' S RUBIN ESQUIA RUBIN.

THE COORDINATOR OF THE TREATY AREA OF THE INTERNATIONAL LEGAL AFFAIRS DIRECTORATE OF THE MINISTRY OF FOREIGN AFFAIRS

CERTIFIES:

That the reproduction of the text above is a faithful and complete photocopy of the text in Spanish of the "CONSTITUTIVE ACT OF THE ASSOCIATION OF IBERO-AMERICAN STATES FOR THE DEVELOPMENT OF THE NATIONAL LIBRARIES OF THE COUNTRIES OF LATIN AMERICA" -ABINIA-", signed in Lima, at the twelve days of October of a thousand nine hundred and ninety-nine; certified by the Legal Consultancy of the Ministry of the People's Power for Foreign Relations of the Bolivarian Republic of Venezuela, which consists of twelve (12) folios, a document that rests in the archives of the Directorate of Legal Affairs International of the Ministry of Foreign Affairs.

Dada in Bogotá, D. C., at twelve (12) days of the month of February two thousand ten (2010).

The Coordinated Area of Treaties, Directorate of International Legal Affairs,

MARGARITA ELIANA MANJARREZ HERRERA.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., March 5, 2010

Authorized. Submit to consideration by the honorable Congress of the Republic for the constitutional effects.

(Fdo.) ALVARO URIBE VELEZ

The Foreign Minister,

(Fdo.) Jaime Bermudez Merizalde.

DECRETA:

Article 1o. Approve the "Constitutional Act of the Association of Ibero-American States for the Development of the National Libraries of the Countries of Ibero-America-Abinia-", signed in Lima, on the twelve days of the month of October of a thousand nine hundred and ninety-five nine.

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Constitutive Act of the Association of Ibero-American States for the Development of the National Libraries of the Countries of Ibero-America-Abinia-", signed in Lima, Twelve days of the month of October of a thousand nine hundred and ninety-nine, which shall be approved by Article 1 of this law, shall be binding on the country from the date on which the international link with respect to it is perfected.

Article 3o. This law governs from the date of its publication.

Dada en Bogotá, D. C., a ...

Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of Culture.

The Foreign Minister,

Maria Angela Holguin Cuellar.

The Minister of Culture,

Mariana Garces Córdoba.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., March 5, 2010

Authorized. Submit to consideration by the honorable Congress of the Republic for the constitutional effects.

(Fdo.) ALVARO URIBE VELEZ

The Foreign Minister,

(Fdo.) Jaime Bermudez Merizalde.

DECRETA:

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ARTICLE 1o. approve the "Constitutional Act of the Association of Ibero-American States for the Development of the National Libraries of the Countries of Ibero-America-Abinia-", signed in Lima, 12 days ago. of the month of October of a thousand nine hundred and ninety-nine.

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ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Constitutive Act of the Association of Ibero-American States for the Development of National Libraries of Countries" of Ibero-America-Abinia-", signed in Lima, at the twelve days of the month of October of a thousand nine hundred and ninety-nine, which by article 1 of this law is approved, will force the country from the date on which the international link is perfected with respect to the same.

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ARTICLE 3o. This law governs from the date of its publication.

The President of the honorable Senate of the Republic,

JUAN MANUEL CORZO ROMAN.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

SIMON GAVIRIA MUNOZ.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Communicate 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 6, 2012.

JUAN MANUEL SANTOS CALDERÓN

The Foreign Minister,

MARIA ANGELA HOLGUIN HANG.

The Minister of Culture,

MARIANA GARCES CÓRDOBA.

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