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1605 OF 2012
(December 21)
Official Journal No. 48,651 of 21 December 2012
CONGRESS OF THE REPUBLIC
By means of which the "Agreement between the Republic of Colombia and the Organization for the Prohibition of the Chemical Weapons on the Privileges and Immunities of the OPCW" is approved, made in The Hague on September 12, 2006.
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Agreement between the Republic of Colombia and the Organization for the Prohibition of Chemical Weapons on the Privileges and Immunities of the OPCW", made in The Hague on 12 September 2006.
(To be transcribed: A faithful and complete photocopy is attached in Spanish of the agreement, which consists of twelve (12) folios, certified by the Director of International Legal Affairs of the Ministry of Foreign Affairs, a document that rests in the files of that Ministry).
AGREEMENT BETWEEN THE REPUBLIC OF COLOMBIA AND THE ORGANIZATION FOR THE PROHIBITION OF CHEMICAL WEAPONS ON THE PRIVILEGES AND IMMUNITIES OF THE OPCW
Whereas, pursuant to the provisions of paragraph 48 of Article VIII of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, the OPCW shall enjoy in the territory of each State Party and any other place under the jurisdiction or control of that State of the legal capacity and privileges and immunities necessary for the exercise of its functions;
Whereas, pursuant to the provisions of paragraph 49 of Article VIII of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, the delegates of the States, Parties, together with their alternates and advisers, the representatives appointed to the Executive Council together with their alternates and advisers, the Director General and the staff of the Organization shall enjoy the privileges and immunities necessary for the exercise independent of its functions in relation to the OPCW;
Whereas, by way of derogation from paragraphs 48 and 49 of Article VIII of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, Privileges and Immunities to be provided by the Director-General and the staff of the Secretariat during the performance of verification activities shall be as set out in Section B of Part II of the Annex on verification;
Whereas, pursuant to the provisions of paragraph 50 of Article VIII of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, Legal Capacity and Privileges and immunities mentioned above must be defined in agreements concluded between the Organization and the States Parties,
Now, therefore, the Organization for the Prohibition of Chemical Weapons and the Republic of Colombia have agreed to the following:
In this Agreement:
(a) The term "Convention" means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on its Destruction of 13 January 1993;
(b) The term "OPCW" means the Organization for the Prohibition of Chemical Weapons, established pursuant to paragraph 1 of Article VIII of the Convention;
(c) The term "Director General" means the Director General referred to in paragraph 41 of Article VIII of the Convention or, in his absence, the Acting Director General;
(d) The expression "OPCW" officials shall designate the Director General and all staff members of the OPCW Secretariat;
e) The term "State Party" designates the State that is a party to this agreement;
(f) The term "States Parties" designates States Parties to the Convention;
g) The expression "Representatives of the States Parties" designates the accredited heads of the delegations of the States Parties to the Conference of the States Parties or to the Executive Council or to the delegate at other meetings of the OPCW;
(h) The term "experts" means persons who, on a personal basis, perform missions on behalf of the OPCW, are part of their bodies, or act in any way as advisers at the request of the OPCW;
i) The expression "meetings convened by the OPCW" means any meeting of any of the OPCW's subsidiary organs or organs, or any international conferences or other meetings convened by the OPCW;
(j) The term "assets" means all assets, funds and other assets belonging to the OPCW or which are in its possession, or which the OPCW administers in the performance of its functions under the Convention, as well as all revenue from the OPCW;
k) The expression "archives of the OPCW" means in its entirety the records, correspondence, documents, manuscripts, computer and broadcast data, photographs, films, video recordings and recordings (a) the law of the OPCW or any of its officials in the performance of its official functions, as well as any other material which the Director General and the State Party may agree with. OPCW files;
1) The expression "local OPCW" means buildings, or parts of the building, and the associated land, if any, used for the purposes of the OPCW, including those referred to in paragraph 11 (b) of Part II of the Annex on the verification of the Convention.
ARTICLE 2o. LEGAL PERSONALITY.
The OPCW will have full legal personality. In particular, it will be capable of:
a) hire;
b) acquire and dispose of movable and immovable property;
c) take legal action and act on them.
ARTICLE 3o. OPCW PRIVILEGES AND IMMUNITIES.
1. The OPCW and its assets, whatever the place in which they are located and whoever holds them, shall enjoy immunity from any jurisdiction, except to the extent that in any particular case the OPCW has expressly renounced this immunity. It is understood, however, that no waiver of immunity will be extended to any enforceable measure.
2. The premises of the OPCW shall be inviolable. The assets of the OPCW, whatever the place in which they are located and whoever has them in their possession, shall enjoy immunity from registration, requisition, confiscation, expropriation and any other form of interference, whether by executive action, administrative, judicial or legislative.
3. The OPCW files will be inviolable wherever they are found.
4. be subject to audit, regulation or moratoria of any kind:
(a) the OPCW may have funds, gold or foreign exchange of all kinds and hold accounts in any currency;
(b) the OPCW may freely transfer its funds, securities, gold and foreign currency to or outside the State Party to any other country or other country, or within the State Party, and convert to any other currency any currency held by it.
5. In the exercise of the rights conferred upon it pursuant to paragraph 4 of this Article, the OPCW shall pay due attention to any request of the Government of the State Party, in so far as it considers it possible to take such action. requirements without detriment to their own interests.
6. The OPCW and its assets shall be exempt:
(a) of any direct tax; however, it is understood that the OPCW will not claim any exemption from taxes which, in fact, do not constitute a remuneration for public services;
(b) customs duties and prohibitions and restrictions on imports and exports in respect of articles imported or exported by the OPCW for official use; however, it is understood that the articles imported with such exemption do not shall be sold in the State Party, but in accordance with conditions agreed with the State Party;
(c) customs duties and prohibitions and restrictions on the import and export of their publications.
7. While the OPCW will not, in principle, claim the exemption of consumer rights, nor of taxes on the sale of movable and immovable property, in the price to be paid, when the OPCW carries out, for its official use, important purchases of goods taxed or taxable with such duties or taxes, the State Party shall, whenever possible, adopt the relevant administrative provisions for the remission or reimbursement of the amount corresponding to those duties or taxes.
ARTICLE 4. FACILITIES AND IMMUNITIES IN THE FIELD OF COMMUNICATIONS AND PUBLICATIONS.
1. The OPCW shall enjoy for its official communications, in the territory of the State Party and as long as it is compatible with any international conventions, regulations and agreements that the State Party has concluded, of a treatment no less favourable to the Government of the State Party to any other Government, including its diplomatic missions, in respect of the priorities, tariffs and taxes applicable to postal and telecommunications correspondence, such as also to press charges for information intended for the media social.
2. Official correspondence and other official communications of the OPCW shall not be subject to censorship. The OPCW shall have the right to make use of keys and to dispatch and receive correspondence and other official communications either by post or in sealed bags, which shall enjoy the same immunities and privileges as are granted to the OPCW. post and diplomatic bags.
None of the provisions of this paragraph may be construed as prohibiting the adoption of appropriate security measures, to be determined by agreement between the State Party and the OPCW.
3. The State Party recognizes the right to publish and to carry out radio broadcasts freely within the territory of the State Party for the purposes specified in the Convention.
4. All official communications addressed to the OPCW, as well as those from the OPCW, whatever the means or form of their transmission, shall be inviolable. Such inviolability shall be extended, without the following enumeration being limited, to publications, fixed and animated images, videos, films, sound recordings and software.
ARTICLE 5o. REPRESENTATIVES OF THE STATES PARTIES.
1. Without prejudice to any other privileges and immunities which they enjoy as long as they exercise their functions and during their travels to the place of the meeting and return, the representatives of the States Parties to the meetings convened by the OPCW, as well as Alternates, advisers, technical experts and secretaries of their delegations shall enjoy the following privileges and immunities:
a) immunity from detention or personal arrest;
(b) immunity from any jurisdiction in respect of all acts executed while exercising their official functions, including their words and writings; such immunity shall remain when the persons concerned have ceased the performance of their duties; functions;
c) inviolability of all papers, documents and other official materials;
d) the right to make use of keys and to dispatch or receive documents, correspondence or other official material by post or in sealed bags;
e) exemption, for themselves and for their spouses or permanent partners, of any restrictive measures in the field of immigration, of the formalities for the registration of foreign nationals of national service obligations while visiting the State Party or transit through the exercise of their duties;
(f) the same franchises, in the field of monetary and exchange restrictions, which are granted to representatives of foreign governments on temporary official mission;
(g) the same immunities and allowances as regards personal luggage, which are granted to members of diplomatic missions of a similar rank.
2. Where the imposition of any charge depends on the residence, the periods during which the persons designated in paragraph 1 of this Article are located in the territory of the State shall not be regarded as periods of residence. Part for the exercise of their duties.
3. Privileges and immunities shall not be granted to persons designated in paragraph 1 of this Article for their personal benefit, but in order to ensure their independence in the exercise of their functions related to the OPCW. All persons enjoying such privileges and immunities are obliged to comply with all other effects of the laws and regulations of the State Party.
4. The provisions of paragraphs 1 and 2 of this Article shall not apply to persons who are nationals of the State Party.
1. In the execution of the verification activities, the Director General and the staff of the Secretariat, including the experts authorised during the investigations of the alleged use of chemical weapons referred to in paragraphs 7o and 8o of Part XI of the Annex on verification of the Convention, shall enjoy, pursuant to Article VIII, paragraph 51 of the Convention and the privileges and immunities set forth in Section B of Part II of the Annex on the Verification of the Convention or when they are in transit through the territory of non-inspected States Parties, of privileges and Immunities referred to in paragraph 12 of Part II of the same Annex.
2. As regards other activities related to the objectives and purposes of the Convention, the officials of the OPCW:
(a) shall enjoy immunity from detention or personal arrest and kidnapping or forfeiture of their personal luggage;
(b) shall have immunity from jurisdiction in respect of all acts performed by them on an official basis, including their words and writings;
(c) shall enjoy the inviolability of all papers, documents and official material, subject to the provisions of the Convention;
(d) shall enjoy, in the field of taxes on the salaries and emoluments of the OPCW, equal exemptions as those enjoyed by United Nations officials, and in equal conditions;
(e) shall be exempt, either as their spouses or permanent partners, from any restrictive measures in the field of immigration and the formalities for registration of foreigners;
(f) in times of international crisis, they shall enjoy, as well as their spouses or permanent partners, the same repatriation facilities as officials of diplomatic missions of a similar rank;
(g) shall enjoy, in matters of exchange facilities, the same privileges as officials of diplomatic missions of a similar rank.
3. OPCW officials shall be exempt from any national service obligation, provided that such exemption is limited, in respect of the nationals of the State Party, to the officials of the OPCW who, by reason of their duties, have been included in the a list prepared by the Director-General of the OPCW and approved by the State Party. Where other OPCW officials are called upon to provide a national service by the State Party, the State Party shall, at the request of the OPCW, extend the extension to the appeal of such officials as may be necessary to prevent the interruption of the an essential service.
4. In addition to the privileges and immunities specified in paragraphs 1, 2 and 3 of this Article, the Director-General of the OPCW shall enjoy, as well as his or her spouse or permanent partner, the privileges, immunities, exemptions and facilities which are granted in accordance with international law to diplomatic envoys and their spouses or permanent partners. The same privileges, immunities, exemptions and facilities shall also be granted to the senior OPCW official acting on behalf of the Director-General.
5. Privileges and immunities are conferred on OPCW officials in the interest of the OPCW and not on their personal gain. All persons enjoying such privileges and immunities are obliged to comply with all other effects of the laws and regulations of the State Party. The OPCW will have the right and the duty to waive the immunity granted to any OPCW official in all cases where, in his view, immunity would impede the course of justice and that it could be waived without prejudice to the law of the OPCW. the interests of the OPCW.
6. The OPCW shall at all times cooperate with the competent authorities of the State Party to facilitate the proper administration of justice, ensure compliance with the police regulations and prevent any abuse in connection with privileges, immunities and facilities referred to in this Article.
1. The experts shall be granted the privileges and immunities listed below, to the extent necessary to enable them to carry out their duties effectively, including during travel related to those tasks:
(a) immunity from detention and arrest of experts, and inspection, abduction or confiscation of your personal luggage;
(b) immunity from jurisdiction of any kind in respect of their verbal or written statements, in the performance of their official duties; such immunity shall remain, even if the persons concerned have ceased to perform official functions for the purposes of OPCW;
c) inviolability of all documents, documents and official material;
(d) the right, for the purposes of any communication with the OPCW, to use keys and to dispatch or receive written letters, correspondence via mail or sealed bags;
e) the same facilities with regard to restrictions on currency and exchange that are recognized by representatives of foreign governments on a temporary official mission.
(f) the same immunities and facilities in respect of their personal baggage as officials of similar rank of diplomatic missions are recognized.
2. Privileges and immunities are given to experts in the interest of the OPCW and not to their personal gain. All persons enjoying such privileges and immunities are obliged to comply with all other effects of the laws and regulations of the State Party. The OPCW will have the right and the duty to waive the immunity of any expert in all cases where, in his opinion, immunity would impede the course of justice and that it could be waived without prejudice to the interests of the OPCW.
1. If the State Party considers that there has been abuse of a privilege or immunity granted by this agreement, consultations shall be held between the State Party and the OPCW in order to determine whether such abuse has occurred and, if so, to seek to avoid such abuse. their repetition. If such consultations do not provide a satisfactory outcome for the State Party and the OPCW, the question of determining whether there has been abuse of a privilege or immunity shall be resolved in accordance with a procedure in accordance with Article
2. Persons referred to in Articles 6or 7or shall not be obliged by the territorial authorities to leave the territory of the State Party, for reasons of activities made by them on an official basis. However, in the event that any of these persons abuse the privileges of activities outside their official functions, the Government of the State Party may compel him to leave the State, provided that the territorial authorities have ordered the abandonment of the country with the prior approval of the Ministry of Foreign Affairs of the State Party, approval that will only be granted after consultation with the Director General of the OPCW. Where an expulsion procedure is initiated against the person, the Director-General of the OPCW shall have the right to intervene by the person in the proceedings against the person.
ARTICLE 9o. TRAVEL DOCUMENTS AND VISAS.
1. The State Party shall recognize and accept as valid documents the laissez-passer of the United Nations issued to officials of the OPCW, for the performance of tasks related to the Convention, in accordance with the special arrangements of the OPCW. The Director General shall notify the State Party of the relevant administrative provisions of the OPCW.
2. The State Party shall take all necessary measures to facilitate the entry and stay on its territory of the persons referred to in Articles 5or, 6or href="ley_1605_2012.html#7"> 7or precedents and will not place any impediments to the departure of their territory from the same, regardless of their nationality, and ensure that they do not confront impediments during their transit to the place where their official or return activities or functions and shall provide them with any protection required during transit.
3. Applications for visas and transit visas (where necessary) submitted by the persons referred to in Articles 5or, 6or 7or, accompanied by a certificate stating that they travel in official functions, will be attended as quickly as possible to enable those people to perform their functions effectively. In addition, these people will be given facilities to travel quickly.
4. The Director-General, the Director or the Deputy Directors-General and other OPCW officials, travelling in official capacity, shall enjoy the same travel facilities as officials of similar rank in diplomatic missions.
5. For the purposes of the development of verification activities, visas are issued in accordance with paragraph 10 of Part II of Section B of the Annex on the Verification of the Convention.
ARTICLE 10. DISPUTE RESOLUTION.
1. The OPCW shall provide for appropriate procedures for the solution of:
(a) the disputes arising out of contracts, or other private law disputes in which the OPCW is a party;
(b) disputes involving an official of the OPCW or an expert who, by reason of his official position, enjoys immunity, if the OPCW has not waived such immunity in accordance with the provisions of paragraph 5 of Article 6or paragraph 2 of article 7 of this agreement.
2. Any difference in the interpretation or application of this agreement which is not settled amicably shall be submitted to a court composed of three arbitrators, which shall issue a final award at the request of any of the parties to the agreement. controversy. Each party shall appoint an arbitrator. The third arbitrator, who will preside over the tribunal, will be chosen by the other two referees.
3. If one of the parties has not designated an arbitrator or taken steps to do so within two months following the request of the other party, the other party may request the President of the International Court of Justice to make such a designation.
4. If the first two arbitrators do not agree on the choice of the third arbitrator within two months following their appointment, either party may request the President of the International Court of Justice to do so. such designation.
5. The court will conduct its proceedings in accordance with the Rules of the Permanent Court of Arbitration for optional use in arbitration for international organizations and states, in force on the date of entry into force of the present agreement.
6. The court will take its decision by a majority of votes. Such a decision will be decisive and binding on the parties to the dispute.
1. The provisions of this Agreement should be interpreted taking into consideration the functions assigned to the OPCW by the Convention.
2. The provisions of this Agreement shall not restrict or prejudice in any way the privileges and immunities granted to ' the members of the inspection group in Part II of Section B of the Annex on the verification of the Convention, or privileges and immunities granted to the Director-General and the officials of the Secretariat of the OPCW in paragraph 51 of Article VIII of the Convention. The provisions of this agreement in themselves shall not apply in the sense that any of the provisions of the Convention or any of the rights or obligations that the OPCW might otherwise have, acquire or otherwise be revoked or repealed shall be revoked or repealed. assume.
1. This Agreement shall enter into force on the date on which a instrument of acceptance by the State Party is deposited with the Director General. It is understood that when the State Party deposits the instrument of acceptance it will be in a position, in accordance with its own legislation, to apply the conditions contained in this agreement.
2. This Agreement shall remain in force for as long as the State Party is a State Party to the Convention.
3. The OPCW and the State Party may conclude any additional agreements they deem necessary.
4. Consultations concerning the amendment of this Agreement shall be initiated at the request of the OPCW or the State Party. The introduction of any such amendment shall be made with the mutual consent expressed in a concerted agreement between the OPCW and the State Party.
Done in The Hague in duplicate, on September 12, 2006 in the English and Spanish languages, the text being equally authentic in each of these languages.
The Coordinator of the Internal Legal Affairs Directorate of the International Legal Affairs Directorate of the Ministry of Foreign Affairs 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 " Agreement between the Republic of Colombia and the Organization for the Prohibition of Chemical Weapons on Privileges and OPCW immunities ", made in The Hague, the twelve (12) September of two thousand six (2006), a document that rests in the archives of the Internal Working Group Treaties of the International Legal Affairs Directorate of this Ministry.
Dada in Bogotá, D. C., at two (1) days of the month of June 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., October 10, 2007
Authorized subject to the consideration of the honorable Congress of the Republic for the constitutional effects
(Fdo.) ALVARO URIBE VELEZ.
The Foreign Minister
(Fdo.) Fernando Araujo Perdomo.
DECRETA:
Article 1o. Approve the "Agreement between the Republic of Colombia and the Organization for the Prohibition of Chemical Weapons on the Privileges and Immunities of the OPCW", made in The Hague on September 12, 2006.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944,, the "Agreement between the Republic of Colombia and the Organization for the Prohibition of Chemical Weapons on the Privileges and Immunities of the OPCW", The Hague on 12 September 2006, which is hereby approved by Article 1 of this Law, shall bind 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 los ...
Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of Finance and Public Credit.
The Foreign Minister,
MARIA ANGELA HOLGUIN CUELLAR.
Minister of Finance and Public Credit,
JUAN CARLOS ECHEVERRY GARZON.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá D. C., October 10, 2007
Authorized subject to the consideration of the honorable Congress of the Republic for the constitutional effects
(Fdo.) Alvaro Uribe Velez.
The Foreign Minister
(Fdo.) Fernando Araujo Perdomo.
DECRETA:
ARTICLE 1o. Approve the "Agreement between the Republic of Colombia and the Organization for the Prohibition of Chemical Weapons on the Privileges and Immunities of the OPCW", made in The Hague on September 12, 2001. 2006.
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the " Agreement between the Republic of Colombia and the Organization for the Prohibition of Chemical Weapons on Privileges and Immunities of the OPCW ", made in The Hague on 12 September 2006, which is hereby approved by Article 1 of this Law, shall bind 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.
The President of the honorable Senate of the Republic,
MONTEALEGRE ROY BARREAS.
The Secretary General of the honorable Senate of the Republic,
GREGORIO ELJACH PACHECO.
The President of the honorable House of Representatives,
AUGUSTO POSADA SANCHEZ.
The Secretary General (E.) of the honourable House of Representatives,
Flor Marina Daza Ramírez.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute, subject to revision of the Constitutional Court, 241-10 of the Political Constitution.
Dada en Bogotá, D. C., at 21 December 2012.
JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of Finance and Public Credit,
MAURICIO CÁRDENAS SANTAMARIA.
The Minister of National Defense,
JOHN CARLOS PINZON BUENO.
