Through Which The "agreement Between The Government Of The Republic Of Colombia And The Government Of The Federative Republic Of Brazil On Cooperation In Defense", Signed In Bogota On July 19, 2008 Is Approved

Original Language Title: Por medio de la cual se aprueba el "Acuerdo entre el Gobierno de la República de Colombia y el Gobierno de la República Federativa del Brasil sobre Cooperación en materia de la defensa", suscrito en Bogotá el 19 de julio de 2008

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1517 ACT OF 2012
(February 6)
Official Gazette No. 48335 of February 6, 2012 CONGRESS OF THE REPUBLIC

Through which the "Agreement between the Government of the approved Republic of Colombia and the Government of the Federative Republic of Brazil on Cooperation in defense ", signed in Bogota on July 19, 2008. Summary

Term Notes Effective Jurisprudence


THE CONGRESS OF THE REPUBLIC
having regard to the text of the "Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Cooperation in defense", signed in Bogota on July 19
2008. (to be transcribed: photocopy of the full text of these international instruments is attached).
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE REPUBLIC OF BRAZIL ON FEDERAL COOPERATION IN DEFENSE
The Government of the Republic of Colombia
and
The Government of the Republic Federal of Brazil,
(hereinafter referred to as the "Parties" and separately as "Party")
Sharing the understanding that mutual cooperation in the field of defense surely will improve the relationship between Parties;
Looking contribute to international peace and prosperity;
Recognizing the principles of sovereignty and non-interference in the areas of exclusive jurisdiction of States;
Aspiring and strengthen various forms of cooperation between the Parties, based on mutual study of matters of common interest,
agreed as follows: Article 1. Purpose
.
The cooperation between the Parties, governed by the principles of equality and reciprocity and common interest, while respecting national legislation and international obligations assumed, aims to:
a) promote cooperation between the Parties in matters relating to defense, with an emphasis on the areas of research, development, logistical support, aeronautical, naval and land industry as well as the acquisition of defense products and services;
B) share knowledge and experiences in the field of operations, use of military equipment from domestic and foreign origin and in compliance with international peacekeeping operations;
C) share knowledge in the areas of science and technology;
D) promote joint actions of training and military training, joint military exercises as well as the related exchange of information; and
e) cooperate in other areas on defense that may be of common interest.

ARTICLE 2. COOPERATION.
The cooperation between the Parties, in defense proceeds as follows:
a) mutual visits of high level delegations to civil and military entities;
B) meetings between equivalent defense institutions;
C) exchange of instructors and students of military institutions;
D) participation in theoretical and practical courses, workshops, seminars, conferences, debates and symposia in military institutions and civil entities of defense interest and mutual agreement between the Parties;
E) visits military aircraft and ships;
F) cultural and sporting events;
G) facilitate business initiatives related to materials and services that have to do with the area of ​​defense;
H) development and implementation of programs and projects of defense technology application, with the possibility of participation of military and civilian strategic interest to the Parties entities; and
i) other areas on defense that may be of common interest.

ARTICLE 3. FINANCIAL RESPONSIBILITIES.
1. In the absence invitation to the contrary, each Party shall be responsible for their expenses in accordance with legal regulations in force in each State, among others including:
a) transportation costs to and from the entry point of the host State;
B) expenditure on staff, including the costs of food and lodging;
C) expenses relating to medical, dental treatment, removal or evacuation of the sick, injured or deceased personnel; and
d) without prejudice described in paragraph "c" of this article the receiving Party shall provide medical treatment of diseases requiring emergency treatment staff sending Party during the development of activities in the field of bilateral cooperation programs in the field of defense in medical establishments of the Armed Forces and, if necessary, in other establishments leaving the sending Party responsible for the costs with the staff.

2. All activities within the scope of this Agreement shall be subject to the availability of financial resources of the Parties.

ARTICLE 4. LIABILITY.
1. A Party shall not institute any civil action against the other Party or against an accredited member of the Armed Forces of the other Party for damage caused in the exercise of activities which fall within the scope of this Agreement member. If originate dispute shall be settled in the manner provided in Article 8 of this Agreement.
2. When members of the armed forces of a Party to cause loss or damage to third parties for negligence, incompetence, negligence or intentionally, such Party shall be responsible for loss or damage under the terms of the law of the host State.
3. In terms of the national law of the host State, the Parties shall indemnify any damage caused to third parties by members of the Armed Forces, on the occasion of the execution of their official duties in terms of this Agreement.
4. If the military forces of both parties are responsible for loss or damage caused to third parties assume both jointly and severally responsible.

ARTICLE 5. INFORMATION SECURITY AND RESTRICTED MATERIAL.
1. The protection of information and reserved materials that are exchanged or generated within the scope of this Agreement shall be regulated between the Parties through an agreement for the protection of confidential information.
2. While the above Agreement to which the preceding paragraph will not enter into force, all information and materials reserved obtained or exchanged directly between the Parties, as well as information of common interest and obtained from other forms by each of the Parties, They will be protected in accordance with the following principles:
a) the recipient Party will not provide any government, national organization or third party entity, any equipment, technology or disseminate information and materials reserved obtained under this Agreement without the prior approval of the sending Party;
B) the receiving Party shall ranking equal degree of confidentiality attributed by the sending Party and, consequently, take the necessary protective measures;
C) information and reserved materials will be used only for the purpose for which they were released;
D) access to information and reserved materials is limited to persons who have a "need to know" and, in the case of confidential information classified as CONFIDENTIAL or higher, are with the right "Personal Security Credential" given by the respective competent authorities;
E) inform the parties, mutually, on changes in the degrees of classification of information and reserved materials; and
f) the receiving Party may not decrease the level of security classification or declassify classified information, received without the written authorization of the sending party.
3. The respective responsibilities and obligations of the Parties regarding security measures and protection of reserved materials will continue to apply notwithstanding the termination of this Agreement. Effective Jurisprudence


ARTICLE 6. SUPPLEMENTARY PROTOCOLS / AMENDMENTS / REVIEW / PROGRAMS.
1. Complementary Protocols may be signed in specific areas of defense cooperation, involving civil and military, under the terms of this Agreement and with the consent of the Parties entities.
2. Supplementary Protocols come to be negotiated between the Parties shall be prepared by the respective Ministries of Foreign Affairs, in close coordination with the Ministry of Defense of the Federative Republic of Brazil and the Ministry of Defense of the Republic of Colombia, limited to issues scope of implementation of this Agreement and in strict compliance with national legislation of the Parties.
3. This Agreement may be amended or revised with the consent of the Parties, by exchange of notes through diplomatic channels. Effective Jurisprudence


4. The start of trading of the Complementary Protocols amendments or revisions shall occur within 60 days after receipt of the last notification and take effect in accordance with the provisions of Article 10.

5. Programs of activities that will give affection to this Agreement and its Complementary Protocols will be developed and executed by authorized personnel of the Ministry of Defense of the Federative Republic of Brazil and the Ministry of National Defense of the Republic of Colombia, according to the interest that share, in close coordination with the respective Ministries of Foreign Affairs where applicable.

ARTICLE 7. APPLICATION.
1. The Parties agree to establish a working group with the aim of coordinating the activities of defense cooperation between the two parties.
2. The working group will consist of representatives from each of the Ministries of Defense and Foreign Ministries and, where applicable, other institutions of interest to the Parties.
3. The place and date for meetings of the working group defined by mutual agreement between the Parties, without prejudice to other existing bilateral mechanisms;

ARTICLE 8 SETTLEMENT OF DISPUTES.
Any dispute concerning the interpretation or application of this Agreement shall be settled through consultations and negotiations between the Parties through diplomatic channels.
ARTICLE 9.
duration and termination.
1. This Agreement shall remain in force until one of the Parties decides, at any time, terminate the Agreement.
2. The complaint shall be communicated to the other Party, in writing through diplomatic channels, producing effect ninety (90) days after receipt of the respective notification.
3. The denunciation shall not affect ongoing programs and activities under this Agreement, unless the Parties decide otherwise, in relation to a specific program or activity.

ARTICLE 10. ENTRY INTO FORCE.
This Agreement shall enter into force on the thirtieth (30th) day after the date of receipt of the last written notification through diplomatic channels, that were once the internal requirements for the entry into force of this Agreement.
In witness whereof, the representatives of the Parties have signed this agreement in two originals in the Spanish and Portuguese languages.
For the Government of the Republic Colombia
The Minister of National, Republic of Colombia Defense, Juan Manuel Santos
.
For the Government of the Federative Republic of Brazil
The Minister of Defense, Federal Republic of Brazil, Nelson Jobim
.
THE PACT COORDINATOR WORKING GROUP INTERNAL TREATY RELATIONS MANAGEMENT OF INTERNATIONAL LEGAL AFFAIRS MINISTRY OF AFFAIRS OF THE REPUBLIC OF COLOMBIA
CERTIFY: That
reproduction of text above is true and complete copy the Spanish-language version of the "Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Cooperation in Defense", signed in Bogotá, DC, nineteen (19) July two thousand and eight (2008), a document that is on file with the Internal Working Group Treaty Directorate of International Legal Affairs of the Ministry.
Given in Bogotá, DC, nine (15) days of March two thousand eleven (2011).
The Coordinator of Internal Working Group Treaty Directorate of International Legal Affairs, Alejandra Valencia
Gartner. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, May 5, 2009
authorized. Submit for consideration by the honorable Congress for constitutional purposes.
(Sgd.)
The Alvaro Uribe Foreign Minister,
(Sgd.) Jaime Bermudez.
DECREES: Article 1.
. To approve the "Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Cooperation in Defense", signed in Bogotá on 19 July 2008. Article 2.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Cooperation in Defense", signed in Bogota 19 July 2008, that article 1 of this law is approved, it will force the country from the date the international link is perfect therefrom.
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 National Defence.
The Minister of Foreign Affairs Maria Angela Holguin Cuellar
.
The Minister of National Defense, Rodrigo Rivera Salazar
.
EXECUTIVE BRANCH PUBLIC POWER
PRESIDENCY OF THE REPUBLIC

Bogotá, DC, May 5, 2009
authorized. Submit for consideration by the honorable Congress for constitutional purposes.
(Sgd.)
The Alvaro Uribe Foreign Minister,
(Sgd.) Jaime Bermudez. DECREES
:

ARTICLE 1o. To approve the "Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Cooperation in Defense", signed in Bogotá on 19 July 2008.
Article 2.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Cooperation in Defense", signed in Bogota 19 July 2008, that article 1 of this law is approved, it will force the country from the date the international link is perfect therefrom.

ARTICLE 3. This law applies from the date of publication.
The President of the honorable Senate,
JUAN MANUEL ROMAN CORZO.
The Secretary General of the honorable Senate,
EMILIO RAMÓN OTERO DAJUD.
The President of the honorable House of Representatives, Gaviria MUÑOZ SIMON
.
The Secretary General of the honorable House of Representatives,
JESUS ​​ALFONSO RODRÍGUEZ CAMARGO. REPUBLIC OF COLOMBIA

Contact NATIONAL GOVERNMENT AND ENFORCED.
Run, after review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Bogotá, DC, on February 6, 2012.

CALDERON JUAN MANUEL SANTOS Minister of Foreign Affairs Maria Angela Holguin
CUÉLLAR.
The Minister of National Defence
JUAN CARLOS BUENO FINCH.


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