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Law 1570 2012

Original Language Title: LEY 1570 de 2012

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1570 OF 2012

(August 2)

Official Journal No. 48,510 of 2 August 2012

CONGRESS OF THE REPUBLIC

By means of which the "Inter-American Convention on International Radio Permit" adopted on June 8, 1995 in Montrouis, Republic of Haiti, and the "Protocol of Amendments to the Inter-American Convention" is approved. on the International Radio Fan Permit, adopted on 10 June 2003 in Santiago, Republic of Chile.

Effective Case-law

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the "Inter-American Convention on International Radio Permit", adopted on June 8, 1995 in Montrouis, Republic of Haiti, and the " Protocol of Amendments to the Convention Inter-American International Radio Permit ", adopted on June 10, 2003 in Santiago, Republic of Chile.

(To be transcribed: Full and faithful photocopy of the original text of the Convention is attached, a document that is based on the archives of the Treaty Area of the International Legal Affairs Directorate of the Ministry of Foreign Affairs).

INTER-AMERICAN AGREEMENT ON INTERNATIONAL RADIO FAN PERMISSION

Member States of the Inter-American Telecommunications Commission (CITEL),

Considering the spirit of the Charter of the Organization of American States (OAS), the provisions of the CITEL Statute and the provisions of the Radio Regulations of the International Telecommunication Union,

Convinced of the benefits of the Radioamateurs Service and in the interest of the Member States of the CITEL in which the citizens of a Member State who are authorized to exercise the Service of Fans in their country are allow the temporary exercise of the Fan Service in the territory of another CITEL Member State,

Have agreed to sign the following Convention for the use of an International Radio Fan Permit (IARP):

General Provisions

ARTICLE 1o.

1. Respecting national sovereignty over the use of radio spectrum within its jurisdiction, each State Party agrees to permit temporary operations of fan stations under its authority, to licensed persons with an IARP by another State Party, without further examination. States Parties may grant permits to operate in other States Parties, only to their citizens.

2. States Parties recognize the International Amateur Radio Permit (IARP) that is granted under the conditions specified in this Convention.

3. The only State Party that can impose taxes or taxes on the IARP is the State Party that issues them.

4. This Convention does not alter customs regulations on the transport of radio equipment across national borders.

Definitions

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ARTICLE 2o.

1. The expressions and terms used in this Convention will follow the definitions of the ITU Radio Regulations.

2. Amateur and amateur satellite services are radio communications services under Article 1 of the ITU Radio Regulations, which are governed by other provisions of the Radio Regulations, as well as by the national regulations of the States Parties.

3. The term "IARU" will mean the International Union of Radioamateurs.

Provisions Relating to International Radio Fan Permission (IARP)

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ARTICLE 3o.

1. The IARP shall be issued by the Administration of the country of its holder or, to the extent permitted by the domestic laws of the country issuing it, by delegated authorization, by the organization Member of the IARU of that State Party. The IARP shall conform to the standard format for that permit, contained in the Annex to this Convention.

2. The IARP shall be written in English, French, Portuguese and Spanish and in the official language of the State Party which issues it, if any.

3. The IARP shall not be valid for operation in the territory of the State Party that issues it, but only in other States Parties. It shall be valid for one year in the States Parties visited, but in no case shall its validity exceed the date of expiry of the national licence of the holder.

4. Radio amateurs who are solely holders of a temporary authorisation of operation in a foreign country shall not be beneficiaries of the provisions of this Convention.

5. The IARP will include the following information:

a) A statement that the document is issued in accordance with this Convention.

b) The name and postal address of the holder.

c) The call flag.

d) The name and address of the issuing authority.

e) The expiration date of the permit.

f) The country and date of issue.

g) The class of the IARP holder operator.

h) A declaration that the operation is allowed only on the bands specified by the visited State Party.

i) A statement that the holder of the permit must obey the regulations of the State Party visited.

j) The need for a notification, if required by the State Party visited, of the date, place and duration of the stay in that State Party.

6. The IARP will be issued in accordance with the following classes of operation authorization:

Class 1. For use of all frequency bands attributed to the services of fans and fans by satellite and specified by the country where the fan station is to operate. It shall be permitted only for those radio amateurs who have verified to their own Administration the knowledge of the Morse code in accordance with the requirements set out in the ITU Radio Regulations.

Class 2. This class allows the use of all frequency bands attributed to fan and fan services by satellite above 30 MHz and specified by the country where the fan station is to operate.

Terms of Use

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ARTICLE 4o.

1. A State Party may decline, suspend or cancel the operation of an IARP, in accordance with the law in force in that State.

2. When the IARP holder is transmitting in the visited country, you must use the call flag prefix specified by the visited country and the country call flag of your license, separated by the word "stroke" or "/".

3. The holder of the IARP must transmit only on the frequencies authorized by the State Party visited and must comply with the regulations of the State Party visited.

Final Provisions

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ARTICLE 5o.

States Parties reserve the right to conclude supplementary agreements on procedures and modalities for the implementation of this Convention. However, such agreements may not be in contradiction with the provisions of this Convention. The States Parties shall bring to the attention of the General Secretariat of the Organization of American States the complementary agreements they conclude, and this Secretariat shall send an authentic copy of its text, for registration and publication, to the Secretariat. Secretariat of the United Nations, in accordance with Article 102 of its Charter, and the General Secretariat of the International Telecommunication Union.

ARTICLE 6o.

This Convention shall be open to the signature of the CITEL Member States.

ARTICLE 7o.

CITEL Member States may become Parties to this Convention by:

a) Signature not subject to ratification, acceptance, or approval;

b) Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval, or

c) Accession.

The ratification, acceptance, approval or accession shall be made by the deposit of the corresponding instrument in the General Secretariat of the Organization of American States, in its capacity as Depositary.

ARTICLE 8o.

Each State Party may make reservations to this Convention at the time of signature or deposit of an instrument of ratification, acceptance, approval or accession, provided that each reservation is subject to one or more specific provisions and is not incompatible with the objectives and purposes of this Convention.

ARTICLE 9o.

1. In the case of States Parties to this Convention and the Inter-American Convention on the Service of Fans ("Lima Convention"), this Convention prevails over the application of the "Lima Convention".

2. With the exception of paragraph 1 of this Article, this Convention shall not alter or affect any existing multilateral or bilateral agreement concerning the temporary operation in the Fans ' Service in the Member States of the CITEL.

ARTICLE 10.

This Convention shall enter into force on the 30th day from the date on which two States have become Parties thereto. As for the remaining States, it shall enter into force on the 30th day from the date on which the States have complied with the corresponding procedure provided for in Article 7.

ARTICLE 11.

This Convention shall govern indefinitely, but may be terminated by the consent of the States Parties. Any of the States Parties to this Convention may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year from the date of deposit of the instrument of denunciation, the Convention shall cease to have effect for the reporting State, remaining in force for the other States Parties.

ARTICLE 12.

The original instrument of this Convention, whose texts in Spanish, French, English and Portuguese are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall send an authentic copy of its text for registration and publication to the Secretariat of the United Nations, in accordance with Article 102 of its Charter, and to the General Secretariat of the International Telecommunication Union.

The General Secretariat of the Organization of American States shall notify the States Parties to this Convention of the signatures, deposits of instruments of ratification, acceptance, approval, accession and denunciation, and reserves that are formulate.

INTER-AMERICAN CONVENTION ON INTERNATIONAL RADIO FAN PERMISSION

ANNEX

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This permit is valid in the territories of all States Parties to the Inter-American Convention on International Permit of Radioamateurs (the Convention) with the exception of the territory of the State Party that issues it, for a period of one year of the date of issue, or the date of expiry of the national license, whichever occurs first, for the operation of radio amateur radio-amateur stations, according to the class specified on the last page of this permit.

image

It is understood that this permit does not affect in any way the obligation of the bearer to strictly observe the laws and regulations regarding the operation of radio amateur and radio station stations in the country in which the station is operated.

Page 3

Last Name 1

Names 2

Call 3 Flag

Place of birth 4

Date of birth 5

Permanent residence country 6

Address 7

City, state, or province 8

Operation authorization classes:

Class 1. For use of all frequency bands attributed to amateur and amateur services by satellite and specified by the country where the fan station is to operate. It shall be permitted only for those radio amateurs who have verified to their own Administration the knowledge of the Morse code in accordance with the requirements set out in the ITU Radio Regulations;

Class 2. This class allows the use of all frequency bands attributed to amateur and amateur satellite services above 30 MHz and specified by the country where the fan station is to operate.

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IMPORTANT WARNING TO HOLDERS

1) The International Radio Fans Permit (IARP) requires your signature on the line below your photograph.

2) Your valid radio fan license issued by your country's administration must accompany the IARP at all times.

3) Unless the country's regulations visited require otherwise, the station identification will be either (the country visited or the region's prefix), the word "bar" or "/" followed by the license call flag that accompanies the IARP.

4) The IARP is valid for one year from the date of issue of the present permit or the expiration of the national license, whichever occurs first.

5) A visited country may decline, suspend, or cancel the operation of an IARP.

6) Some countries may require you to notify in advance the date, place, and duration of their stay.

Organization of American States

Washington, D. C.

Generate Secretary

CERTIFICATION

Luis Toro Utillano, Principal Legal Officer of the Department of International Law of the Secretariat for Legal Affairs,

CERTIFY THAT,

1. Pursuant to Article 11f of the Charter of the Organization of American States, the General Secretariat of the Organization serves as the depositary of inter-American treaties and agreements, as well as the instruments of ratification of the Treaties. same.

2. The attached document, which consists of twenty-two pages, is a faithful and accurate copy of the authentic Spanish texts of the "Inter-American Convention on the International Permit for Radio Amateur", adopted on 8 June 1995 in Montrouis, Republic of Haiti. The signed texts of these originals are deposited with the General Secretariat of the Organization of American States.

This certification is issued at the request of the Permanent Representation of Colombia to the Organization of American States.

Washington, D. C., November 17, 2009.

The Chief Legal Officer in Charge of Treaties, Department of International Law,

LUIS TORO UTILLANO.

PROTOCOL OF AMENDMENTS TO THE INTER-AMERICAN CONVENTION ON INTERNATIONAL PERMISSION FOR RADIO AFICIONADO

THE MEMBER STATES OF THE ORGANIZATION OF AMERICAN STATES,

WHEREAS the European Conference of Postal and Telecommunications Administrations (CEPT) allows holders of the CEPT radio-amateur licence of any CEPT Member State that has applied CEPT Recommendation T/R 61-01 to operate temporarily in all other CEPT Member States which have applied such a Recommendation, without the need to obtain a license from these other States;

TAKING INTO ACCOUNT that the CEPT radio fan license is similar in its coverage and purpose to the International Radio Fan Permit ("IARP") granting and recognizing the States Parties to the Inter-American Convention on the International Permit of Radioaficionado ("Convention on the IARP");

KEEPING IN MIND that substantial benefits can be achieved with the reduction of logistical and administrative costs by allowing the radio operators to make headlines either from the CEPT or the IARP radio license. temporarily both in CEPT Member States and in the IARP States without having to obtain additional permits and without having to pay additional fees, taxes or fees;

WHEREAS the CEPT is authorized to compel its Member States to offer to radio operators of non-CEPT non-member States the same licensing exemptions and other related requirements as the holders of the CEPT. CEPT radio licence and which has expressed an interest in doing so in the case of the IARP holders of the States Parties to the IARP Convention who sign an agreement with the CEPT for that purpose;

HAVE AGREED THE FOLLOWING:

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ARTICLE I.

Articles 5 to 12 of the IARP Convention shall be converted into Articles 6 to 13, respectively.

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ARTICLE II.

The new Article 5 of the IARP Convention will stipulate the following:

Reciprocity with the Member States of the European Conference of Postal and Telecommunications Administrations

Article 5

Radio fans holding a radio amateur licence from a Member State of the European Conference of Postal and Telecommunications Administrations ('CEPT Radio Licence ') which has implemented the Recommendation T/R 61-01 of the European Conference of Postal and Telecommunications Administrations (CEPT) enjoy the same rights and privileges granted to the holders of the IARP as long as the CEPT gives all the holders of the IARP the same rights and privileges as the holders of the CEPT radio-amateur license. in the CEPT Member States which have implemented the Recommendation T/R 61-01. These rights and privileges granted on the basis of this Article shall be subject to the corresponding conditions laid down in the IARP Convention and in Recommendation T/R 61-01, respectively.

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ARTICLE III.

For purposes of the application of the new Article 5 of the IARP Convention as set out above in Article II of this Protocol, the term "IARR holders" refers only to the holders of the IARP of the States Parties to this Protocol. Protocol.

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ARTICLE IV.

States Parties to the IARP Convention may become States Parties to this Protocol by:

a. Your signature not subject to ratification, acceptance or approval;

b. SLI signature subject to ratification, acceptance or approval, followed by its ratification, acceptance or approval;

c. Accession.

The ratification, acceptance, approval or accession will be carried out by depositing the corresponding instrument in the General Secretariat of the Organization of American States, in their capacity as a depositary.

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ARTICLE V.

Each State may establish reservations with respect to this Protocol at the time of its signature, ratification, acceptance, approval or accession, provided that each reservation relates at least to a specific provision and is not incompatible with the objectives and purposes of the Convention.

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ARTICLE VI.

This Protocol shall enter into force on the 30th day from the date on which two States have become Parties to the Protocol. For the remaining States, the 30th day shall enter into force on the basis of their compliance with the arrangements described in Article IV.

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ARTICLE VII.

This Protocol shall have an indefinite effect, but may be terminated by agreement of the States Parties. Any of the States Parties to this Protocol may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year from the date of deposit of the instrument of denunciation, the Protocol shall cease to be effective for the reporting State, but shall remain in force for the other States Parties.

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ARTICLE VIII.

The original instrument of this Protocol, whose Spanish, French, English and Portuguese texts are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which shall send a certified copy of its text for registration and publication to the Secretariat of the United Nations, in accordance with Article 102 of its Charter, and to the General Secretariat of the International Telecommunication Union.

The General Secretariat of the Organization of American States shall notify the States Parties when it receives: the signatures, the deposits of instruments of ratification, acceptance, approval, accession and denunciation and of the reserves that are formulate.

FACT IN Santiago de Chile on June 10, two thousand three.

Organization of American States

Washington, D. C.

General Secretariat

CERTIFICATION

Luis Toro Utillano, Principal Legal Officer of the Department of International Law of the Secretariat for Legal Affairs,

CERTIFY THAT:

1. Pursuant to Article 11f of the Charter of the Organization of American States, the General Secretariat of the Organization serves as the depositary of inter-American treaties and agreements, as well as the instruments of ratification of the Treaties. same.

2. The accompanying document, which consists of 16 pages, is a faithful and accurate copy of the authentic Spanish texts of the Protocol of Amendments to the Inter-American Convention on International Amateur Radio Permit, adopted on 10 June 2003. in Santiago, Republic of Chile. The signed texts of these originals are deposited with the General Secretariat of the Organization of American States.

This certification is issued at the request of the Permanent Representation of Colombia to the Organization of American States.

Washington, D. C., November 17, 2009.

The Chief Legal Officer in Charge of Treaties, Department of International Law,

LUIS TORO UTILLANO.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., June 22, 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 "Inter-American Convention on International Radio Permit," adopted on June 8, 1995 in Montrouis, Republic of Haiti, and the " Protocol of Amendments to the Inter-American Convention on International Permit for Radioaficionado ", adopted on 10 June 2003 in Santiago, Republic of Chile.

Article 2o. In accordance with the provisions of Article 1 (1) of Law 7ª of 1944, the "Inter-American Convention on International Radio Permit," adopted on June 8, 1995 in Montrouis, Republic of Haiti, and the " Protocol of Amendments to the Inter-American Convention on the International Permit for Radioamateurs, adopted on 10 June 2003 in Santiago, Republic of Chile, which is approved by Article 1 of this Law, will force the country from the date on which the international link with respect to them.

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 Information and Communications Technologies.

The Foreign Minister,

MARIA ANGELA HOLGUIN HANG.

The Minister of Information and Communications Technologies,

DIEGO MOLANO VEGA.

BILL NUMBER 114 OF 2011

By means of which the "Inter-American Convention on International Radio Permit", adopted on June 8, 1995 in Montrouis, Republic of Haiti, and the " Protocol of Amendments to the Inter-American Convention on the International Permit for Radioaficionado, " adopted June 10, 2003 in Santiago, Chile, Republic of Chile.

The Congress of the Republic

Having regard to the text of the "Inter-American Convention on International Radio Permit," adopted on June 8, 1995 in Montrouis, Republic of Haiti, and the " Protocol of Amendments to the Inter-American Convention on International Permit ", adopted on 10 June 2003 in Santiago de Chile, Republic of Chile.

(To be transcribed: Full and faithful photocopy of the text is attached in the Spanish language of the Convention and the Protocol, certified by the Principal Legal Officer of the Department of International Law of the Secretariat of Legal Affairs of the Organization of American States, which consists of fifteen (15) Folios, a document that rests on the archives of the International Legal Affairs Directorate of the Ministry of Foreign Affairs.)

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., June 22, 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 "Inter-American Convention on International Radio Permit," adopted June 8, 1995 in Montrouis, Republic of Haiti, and the Protocol of Amendments to the Convention Inter-American International Radio Permit ", adopted on June 10, 2003 in Santiago, Republic of Chile.

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Inter-American Convention on International Radio Fan Permit," adopted June 8, 1995 in Montrouis, Republic of Haiti, and the "Protocol of Amendments to the Inter-American Convention on International Amateur Radio Permit," adopted June 10, 2003 in Santiago, Republic of Chile, which is approved by Article 1 of this Law, will force the country from the date on which the international link with respect to them is improved.

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, upon revision of the Constitutional Court, in accordance with Article 241-10 of the Political Constitution.

Dada en Bogotá, D. C., 2 August 2012.

JUAN MANUEL SANTOS CALDERÓN

The Foreign Minister,

MARIA ANGELA HOLGUIN HANG.

The Minister of Information and Communications Technologies,

DIEGO MOLANO VEGA.

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