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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 OF 2012

(February 6)

Official Journal No. 48.335 of 6 February 2012

CONGRESS OF THE REPUBLIC

By means of which the "Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Cooperation in the Field of Defense" is approved, signed in Bogota on 19 July 2008.

Vigency Notes Summary
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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 Defense Cooperation", signed in Bogotá on 19 July 2008.

(To be transcribed: photocopy of the full text of the above international instruments is attached).

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL ON DEFENSE COOPERATION

The Government of the Republic of Colombia

and

The Government of the Federative Republic of Brazil,

(hereafter referred to as "the Parties" and separately as "the Party"),

Sharing the understanding that mutual cooperation in the field of defense will surely improve the relationship between the Parties;

Seeking to contribute to international peace and prosperity;

Recognizing the principles of sovereignty and non-interference in the areas of exclusive jurisdiction of States; and

Aspiring to strengthen various forms of collaboration between the Parties, based on the mutual study of issues of common interest,

Agree to the following:

ARTICLE 1. OBJECT.

Cooperation between the Parties, governed by the principles of equality and reciprocity and common interest, respecting the respective national laws and the international obligations assumed, has as its objectives:

(a) to promote cooperation between the Parties in matters relating to defence, with an emphasis on the areas of research, development, logistical support, aeronautics, naval and land industry, as well as the acquisition of products and services defense;

b) share knowledge and experience acquired in the field of operations, use of military equipment of domestic and foreign origin, as well as in the fulfillment of international peacekeeping operations;

c) sharing knowledge in the areas of science and technology;

d) promote joint military training and training actions, combined military exercises as well as the corresponding exchange of information; and

e) to cooperate in other areas of defense that may be of common interest.

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ARTICLE 2. COOPERATION.

Cooperation between the Parties in the field of defense is developed 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 from military institutions;

(d) participation in theoretical and practical courses, courses, seminars, conferences, debates and symposia in military entities, as well as in civil entities of defense interest and mutual agreement between the Parties;

e) visits of aircraft and military vessels;

f) cultural and sporting events;

g) facilitating trade initiatives related to materials and services related to the area of defense;

h) implementation and development of defense technology application programs and projects, with the possibility of participation of military and civilian entities of strategic interest to the Parties; and

i) other areas of defense that may be of common interest.

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ARTICLE 3. FINANCIAL RESPONSIBILITIES.

1. If you do not provide an invitation to the contrary, each Party shall be liable for its expenses in accordance with the laws in force in each State, including:

a) transportation costs to and from the host State entry point;

b) expenses relating to your staff, including food and lodging expenses;

(c) expenses related to medical, dental, removal or evacuation of sick, injured or deceased staff; and

(d) without prejudice to the provisions of paragraph "c" of this Article, the receiving Party shall provide medical treatment of diseases requiring emergency treatment of the personnel of the sending Party during the development of activities in the scope of bilateral cooperation programs in the domain of defense in medical establishments of the Military Forces and, if necessary, in other establishments, the sending Party being responsible for the costs with such personnel.

2. All activities carried out under this Agreement shall be subject to the availability of financial resources of the Parties.

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ARTICLE 4. CIVIL LIABILITY.

1. A Party shall not institute any civil action against the other Party or against an accredited member of the Military Forces of the other Party for damages caused in the exercise of the activities under this Agreement. In the event of a dispute, it shall be settled in the manner provided for in Article 8 of this Convention.

2. When members of the Military Forces of one of the Parties cause loss or damage to third parties due to recklessness, negligence, negligence or intentionally, such Party shall be liable for the loss or damage in the terms of the current legislation of the Party. Host State.

3. In the terms of the national legislation of the host State, the Parties shall indemnify any damages caused to third parties by members of their Military 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 the losses or damages caused to third parties, they will assume both, jointly and severally, the responsibility.

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ARTICLE 5. SECURITY OF INFORMATION AND RESERVED MATERIAL.

1. The protection of information and reserved materials that are exchanged or generated in the scope of this Agreement shall be regulated between the Parties through an agreement for the protection of reserved information.

2. As long as the Agreement referred to in the preceding paragraph does not enter into force, all information and materials reserved or exchanged directly between the Parties, as well as information of common interest and obtained from other forms for each Party shall be protected according to the following principles:

(a) the receiving Party shall not provide any government, national organization or third party entity, any equipment, technology or broadcast information and reserved materials obtained under this Agreement, without the prior approval of the Party sender;

(b) the receiving Party shall carry out the classification of the same degree of confidentiality as that attributed by the sending Party and, consequently, take the necessary protective measures;

c) the information and materials reserved will be used only for the purpose for which they are released;

d) access to information and reserved materials is limited to persons who have "the need to know" and who, in the case of classified information classified as CONFIDENTIAL or superior, are with the appropriate " Security Credential Staff ' given by the respective competent authorities;

e) the parties shall report, in a mutual manner, on changes in the classification grades of the reserved information and materials; and

(f) the receiving Party may not decrease the degree of security classification or declassify the information reserved, received, without written permission from the sending party.

3. The respective responsibilities and obligations of the Parties in respect of security measures and the protection of reserved materials shall continue to apply notwithstanding the termination of this Agreement.

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ARTICLE 6. SUPPLEMENTARY PROTOCOLS/AMENDMENTS/REVIEW/PROGRAMMES.

1. Complementary Protocols may be signed in specific areas of defense cooperation, involving civil and military entities, in the terms of this Agreement and with the consent of the Parties.

2. The Complementary Protocols 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 matters of scope of this Agreement and in strict compliance with the national legislation of the Parties.

3. This Agreement may be amended or revised with the consent of the Parties, by exchange of letters, through diplomatic channels.

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4. The start of negotiation of the Supplementary Protocols amendments or revisions shall occur within 60 days after the last notification has been received and shall enter into force in accordance with the provisions of Article 10.

5. The programs of activities that will give effect 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 Defense National of the Republic of Colombia, according to the interests that are shared, in close coordination with the respective Ministries of Foreign Affairs when applicable.

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ARTICLE 7. APPLICATION.

1. The Parties agree to establish a working group with the aim of coordinating the defence cooperation activities between the two Parties.

2. The working group shall be composed of representatives of each of the Ministries of Defence and of the Ministries of Foreign Affairs and, where applicable, of other institutions of interest to the Parties.

3. The place and date for the meetings of the working group shall be defined by common agreement between the Parties, without prejudice to other existing bilateral mechanisms;

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ARTICLE 8. DISPUTE RESOLUTION.

Any dispute regarding the interpretation or application of this Agreement will be settled through consultations and negotiations between the Parties, through diplomatic channels.

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ARTICLE 9. VALIDITY AND COMPLAINT.

1. This Agreement shall remain in force until one of the Parties decides, at any time, to report it.

2. The complaint must be communicated to the other Party, in writing and through diplomatic channels, producing effect ninety (90) days after the receipt of the respective notification.

3. The complaint shall not affect the programmes and activities under way under this Agreement, unless otherwise decided by the Parties, in relation to a specific programme or activity.

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ARTICLE 10. ENTRY INTO EFFECT.

This Agreement shall enter into force on the 30th day (30o) day after the date of receipt of the last notification, in writing and by diplomatic means, that the internal requirements necessary for the entry into force of this Agreement were met. this Agreement.

In faith of which, the representatives of the Parties sign this agreement, in two originals, in the Spanish and Portuguese languages.

By the Government of the Republic of Colombia

The Minister of National Defense, Republic of Colombia,

Juan Manuel Santos.

By the Government of the Federative Republic of Brazil

The Minister of Defense, Federative Republic of Brazil,

Nelson Jobim.

THE UNDERSIGNED COORDINATOR OF THE INTERNAL WORKING GROUP OF TREATIES OF THE DIRECTORATE OF INTERNATIONAL LEGAL AFFAIRS OF THE MINISTRY OF FOREIGN RELATIONS OF THE REPUBLIC OF COLOMBIA

CERTIFIES:

That the reproduction of the text above is a faithful and complete copy of 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 Matter of Defense ", signed in the city of Bogota, D. C., the nineteen (19) of July of two thousand eight (2008), document that rests in the archives of the Internal Working Group Treaties of the Directorate of International Legal Affairs This Ministry.

Dada en Bogotá, D. C., at nine (15) days of the month of March of two thousand eleven (2011).

The Coordinator of the Internal Working Group of the Treaties Directorate of International Legal Affairs,

Alejandra Valencia Gartner.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., May 5, 2009

Authorized. Submit to the consideration of 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 "Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Cooperation in the Field of Defense", signed in Bogotá on 19 July 2008.

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Cooperation in the Field of Defense", signed in Bogotá on 19 December July 2008, 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, and the Minister of National Defense.

The Foreign Minister,

Maria Angela Holguin Cuellar.

The Minister of National Defense,

Rodrigo Rivera Salazar.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., May 5, 2009

Authorized. Submit to the consideration of 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 "Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Cooperation in Defense Matters", signed in Bogotá on July 19, 2008.

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ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª 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 Matters", signed in Bogota on 19 July 2008, 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.

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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 National Defense,

JOHN CARLOS PINZON BUENO.

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