Act 1628 2013

Original Language Title: LEY 1628 de 2013

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ACT 1628 2013
(May 22)
Official Gazette No. 48798 of May 22, 2013

CONGRESS OF THE REPUBLIC
By means of which the "Framework Agreement of the Pacific Alliance" between the Republic of Colombia, the Republic of Chile, the United Mexican States and the Republic of Peru, signed in the city of Antofagasta, Chile approved on 6 June 2012. Effective Jurisprudence


THE CONGRESS OF THE REPUBLIC
having regard to the text of the "Framework Agreement of the Pacific Alliance" between the Republic of Colombia, the Republic of Chile, the United Mexican States and the Republic of Peru, signed in the city Antofagasta, Chile, on June 6, 2012.
(to be transliterated: true and complete copy in Spanish of the aforementioned international instrument, taken from the original resting on file with the Internal Working Group Treaty Treaty is attached Ministry of Foreign Affairs of Colombia, which consists of nine (9) pages.

BILL NUMBER through which the "Framework Agreement of the Pacific Alliance" signed in Paranal, Antofagasta is approved Republic of Chile, on June 6, 2012.
the Congress
through which the "Framework Agreement of the Pacific Alliance" signed in Paranal, Antofagasta, Republic of Chile is approved on 6 June 2012.
(to be transliterated: true and complete copy of the text is attached in Spanish international instrument aforementioned, taken from the original resting on file with the Internal Working Group of the Ministry of Foreign Treaties Affairs of Colombia, which consists of nine (9) pages.
FRAMEWORK AGREEMENT PACIFIC ALLIANCE.

PREAMBLE The Republic of Colombia, the Republic of Chile, the United Mexican States and the Republic of Peru, hereinafter referred to as "the Parties";
INSPIRED in the Presidential Declaration of Lima on April 28, 2011, for which the Pacific Alliance was established for the creation of an area of ​​deep integration, which seeks to progressively move towards the free movement of goods, services, capital and people;
TAKING INTO ACCOUNT the Presidential Statement of Mérida of 4 December 2011, in particular the commitment to sign a treaty establishing the Pacific Alliance;
CONVINCED that regional economic integration is one of the essential tools for States of Latin America to advance their sustainable economic and social development, promoting a better quality of life for their peoples and contributing to solving the problems that still afflict the region, such as poverty, exclusion and persistent social inequality;
DETERMINED to strengthen the different integration schemes in Latin America, as spaces for dialogue and convergence, aimed at promoting open regionalism, insert Parties effectively in the globalized world and linked to other initiatives regionalization;
AWARE that this integration process will be based on economic, trade and integration in force between the Parties to bilateral, regional and multilateral agreements, which should help to deepen their economic and trade relations;
REAFFIRMING the rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization (WTO), the Treaty of Montevideo 1980, as well as free trade agreements and integration between the Parties is established, the same They are offering an excellent platform that facilitates and promotes the integration of our economies; CONSIDERING the condition
Member Countries of the Andean Community of the Republic of Colombia and the Republic of Peru, and the commitments resulting therefrom for these States;
COMMITTED to offer operators a predictable legal framework for the development of trade in goods and services, and investment, in order to promote their active participation in economic and trade relations between the Parties;
RESOLVED to establish clear rules and mutual benefit between the Parties to foster the necessary conditions for further growth and diversification of trade flows, development and competitiveness of their economies;
CONVINCED of the importance of facilitating the free movement of persons between the Parties, as a mechanism that contributes to create better conditions for competitiveness and economic development;
CONSCIOUS of the need to promote international cooperation for economic development of the Parties and to improve their competitiveness;
CONSIDERING the progress of Parties in development and inclusive economic growth and strengthening of common democratic values ​​and principles;

REAFFIRMING as essential requirements for participation in the Pacific Alliance the rule of law and their constitutional orders, separation of the branches of government, and the promotion, protection, respect and guarantee human rights and fundamental freedoms;
CONFIRMING the desire to establish the Pacific Alliance as a space for dialogue and convergence as well as a mechanism for political dialogue and outreach to the Asia Pacific region; and
RESOLVED to reaffirm the special ties of friendship, solidarity and cooperation among their peoples.
AGREED as follows:
ARTICLE 1. CONSTITUTION OF THE PACIFIC ALLIANCE.
The Parties are the Pacific Alliance as an area of ​​regional integration.
ARTICLE 2. DEMOCRACY AND THE RULE OF LAW.
The Parties establish essential requirements for participation in the Pacific Alliance the following:
a) The rule of law, democracy and the respective constitutional order;
B) The separation of the branches of government; and
c) The protection, promotion, respect and guarantee human rights and fundamental freedoms.
ARTICLE 3. OBJECTIVES.
1. The Pacific Alliance has the following objectives:
a) Build, participatory and consensual, an area of ​​deep integration to move progressively towards the free movement of goods, services, capital and people way;
B) To promote further growth, development and competitiveness of the economies of the Parties, with a view to achieving greater well-being, overcoming socioeconomic inequality and social inclusion of its inhabitants; and
c) Become a joint political platform of economic and trade integration, and projection into the world, with special emphasis on the Asia Pacific.
2. To achieve the objectives outlined in this article will develop, among others, the following:
a) Liberalising trade in goods and services in order to consolidate a free trade area between the Parties;
B) Moving towards free movement of capital and investment promotion between the Parties;
C) Develop shares trade facilitation and customs matters;
D) To promote cooperation between migration and consular authorities and facilitate the movement of people and immigration transit through the territory of the Parties;
E) To coordinate the prevention and control of transnational organized crime to strengthen public security agencies and law enforcement of the Parties; and
f) contribute to the integration of the Parties through the development of cooperation mechanisms and promote Pacific Platform for Cooperation, signed in December 2011, in defined areas there.
ARTICLE 4. THE COUNCIL OF MINISTERS.
1. The Parties hereby establish the Council of Ministers, composed of the Ministers of Foreign Affairs and the Ministers responsible for Foreign Trade, or their designees.
2. The Council of Ministers shall have the following powers:
a) Adopt decisions to develop the objectives and specific actions provided for in this Framework Agreement and in presidential statements of the Pacific Alliance;
B) To ensure compliance and proper implementation of its decisions taken in accordance with paragraph a) of this section;
C) Periodically evaluate the results achieved in the implementation of its decisions taken in accordance with paragraph a) of this section;
D) Modify its decisions taken in accordance with paragraph a) of this paragraph, taking into account the objectives of the Pacific Alliance;
E) approve the programs of activities of the Pacific Alliance, with dates, venues and agenda of meetings;
F) Define the policy guidelines of the Pacific Alliance in its relations with third States or integration schemes;
G) Convene the High Level Group (HLG) established the Presidential Declaration of Lima, where it deems appropriate;
H) Establish working groups it considers appropriate for achieving the objectives and implementation of the actions of the Pacific Alliance; and
i) Take other actions and measures to ensure the achievement of the objectives of the Pacific Alliance.
3. The Council of Ministers shall establish its rules and procedures, and take its decisions in accordance with Article 5 (Approval of decisions and other agreements of the Pacific Alliance) of this Framework Agreement.
4. Regular meetings of the Council of Ministers will take place once a year and may convene special meetings at the request of either Party.

5. The Council of Ministers will meet with the presence of all parties.

ITEM 5. APPROVAL OF DECISIONS AND OTHER AGREEMENTS PACIFIC ALLIANCE.
The decisions of the Cabinet and other agreements in the area of ​​the Pacific Alliance be taken by consensus and may consider different treatments and / or modalities for achieving the objectives of the Pacific Alliance.
ARTICLE 6. NATURE OF DECISIONS AND OTHER AGREEMENTS PACIFIC ALLIANCE.
The decisions of the Cabinet and other resolutions adopted in the area of ​​the Pacific Alliance, in implementing this Framework Agreement shall be an integral part of the law of the Pacific Alliance.
ARTICLE 7. THE PRESIDENCY pro tempore.
1. The Presidency Pro Tempore of the Pacific Alliance will be held successively by each of the Parties, in alphabetical order, for annual periods beginning in January.
2. The powers of the Presidency Pro Tempore:
a) organize and host the meeting of Presidents;
B) Coordinate the meetings of the Cabinet and the GAN of the Pacific Alliance;
C) Maintain records of minutes of meetings and other documents;
D) To submit to the Council of Ministers the programs of activities of the Pacific Alliance, with dates, venues and agenda of meetings;
E) Represent the Pacific Alliance in matters and acts of common interest, on behalf of the Parties; and
f) exercise the other powers expressly conferred by the Council of Ministers.
ARTICLE 8. RELATION TO OTHER AGREEMENTS.
The decisions of the Cabinet and other resolutions adopted in the area of ​​the Pacific Alliance will not replace or modify the economic, trade and integration of bilateral, regional or multilateral agreements between the Parties.
ARTICLE 9. RELATIONS WITH THIRD.
1. The Pacific Alliance will promote initiatives and guidelines for action on issues of regional or international interest and will seek to consolidate mechanisms linking with States and international organizations.
2. Prior decision of the Council of Ministers, international organizations can support and contribute to achieving the objectives of the Pacific Alliance. ARTICLE 10.
OBSERVER STATES.
1. States requesting their participation as observer states of the Pacific Alliance, may be accepted with the unanimous approval of the Council of Ministers.
2. When granting observer status in favor of an applicant State, the Council of Ministers will define the conditions of their participation.
ARTICLE 11. ACCESSION OF NEW statements.
1. This Framework Agreement shall be open to accession by States that request and have in place a free trade agreement with each of the Parties. Acceptance of accession shall be subject to the unanimous approval of the Council of Ministers.
2. The Framework Agreement shall enter into force for the acceding State sixty (60) days from the date of deposit of the instrument of accession.
ARTICLE 12. DISPUTE.
1. The Parties shall make every attempt, through consultations or other means, to achieve a satisfactory solution to any dispute concerning the interpretation or application of the provisions of this Framework Agreement.
2. No later than six (6) months from the date of signing of this Framework Agreement, the Parties shall enter into negotiations of a system of dispute settlement applicable to decisions of the Cabinet and other agreements in the field of Pacific alliance.
ARTICLE 13. ENTRY INTO FORCE.
This Framework Agreement shall enter into force sixty (60) days after the date of deposit of the last instrument of ratification of the Parties.
ARTICLE 14. DEPOSITARY.
The Government of Colombia shall act as Depositary of this Framework Agreement.
ARTICLE 15. AMENDMENTS.
1. Any Party may propose amendments to this Framework Agreement. The proposed amendments will be communicated to the Presidency Pro Tempore that notify the other Parties for consideration by the Council of Ministers.
2. The amendments adopted by the Council of Ministers will take effect following the procedure laid down in Article 13 (Entry into Force) and constitute an integral part of this Framework Agreement.

ARTICLE 16. duration and termination.
1. This Framework Agreement shall be valid indefinitely.
EXPLANATORY STATEMENT.
Honorable Senators and Representatives:

On behalf of the Government, and in compliance with the provisions of Articles 150, paragraph 16, 189 paragraph 2 and 224 of the Constitution of Colombia, I have the honor to submit for consideration by the honorable Congress the draft law whereby the "Framework Agreement of the Pacific Alliance" between the Republic of Colombia, the Republic of Chile, the United Mexican States and the Republic of Peru, signed in the city of Antofagasta, Chile is approved, 6
June 2012. This preamble consists of six parts. The first part describes the purpose of the Law Approving the second contains a general introduction to the subject, with background and context at the regional level. The third part outlines the importance for Colombia of belonging to the Alliance's political, commercial and economic level, the relations of Colombia with other countries that are members and the expectations of the Pacific Alliance. The fourth describes the main elements of the Framework Agreement of the Pacific Alliance, with its objective and themes are discussed therein. The fifth is the fulfillment of constitutional requirements for substantive negotiation and signing of the Framework Agreement of the Pacific Alliance. Finally, the conclusions are presented.
1. Purpose of the Act
The draft under consideration by the honorable Congress approving law aims approval of the Framework Agreement of the Pacific Alliance, signed by the United Mexican States, the Republic of Colombia, the Republic Chile and the Republic of Peru.
The Framework Agreement of the Pacific Alliance purpose of this draft law approving necessary to give full implementation to parameters, institutional architecture and rules that will govern the process of political, economic coordination and cooperation between Chile, Colombia, Mexico and Peru within the framework of the Pacific Alliance.
2. Introduction
The Pacific Alliance is a mechanism of political, economic and cooperation and integration between Chile, Colombia, Mexico and Peru articulation, established in April 2011, and formally and legally constituted on June 6, 2012, with the signing of the Framework Agreement of the Pacific Alliance.
The objective of the Pacific Alliance is to form an area of ​​deep integration to boost further growth, development and competitiveness of participating economies through progressive search for the free movement of goods, services, capital and people.
The Pacific Alliance is one of the most innovative integration strategies in which Colombia participates, being an open and flexible process, with clear, pragmatic and consistent goals with model development and national foreign policy. For Colombia, the Pacific Alliance is a cornerstone of its internationalization strategy, particularly in the Asia Pacific region.
It is expected that with the entry into force of the Framework Agreement of the Pacific Alliance, a stage which would allow a period not exceeding one year, defining and implementing the strategy in Asia Pacific projection starts, priority component in the strategy of international relevance in the country. It is also clear that in the context of the Pacific Alliance will be a deepening of the strategic partnership with the other partners, and thus strengthen the role of Colombia as the articulator of integration processes and as a promoter of insertion strategy together on the international stage.

2.1 Background In a communication dated October 14, 2010, sent by President Alan Garcia President Juan Manuel Santos, Peru raised an initiative with a view to Panama, Colombia, Ecuador, Peru and Chile formed an "area deep integration ", in which full freedom for the movement of goods, services, capital and persons is ensured.
Later in the Iberoamerican Summit in Mar del Plata, on 3 and 4 December 2010, the President of Chile (Sebastian Pinera) invites the presidents of Peru, Colombia and Mexico to a meeting to discuss how to strengthen their relationship through deep integration. At that time, the four countries agreed on a Ministerial meeting to define a roadmap of the work done to publicize the initiative.

One of the first issues to be determined was the founding institutional framework of the Pacific Alliance, prepared on the basis of the approval of existing free trade agreements between member countries. To this end, within the framework of the first Summit of the Pacific Alliance, held in Lima on April 28, 2011, the Presidents of Peru, Colombia, Chile and Mexico instructed their Ministers of Foreign Affairs and Trade to develop a draft Framework Agreement on the basis of the approval of existing free trade agreements.
The process of developing a Framework Agreement culminated in Paranal, Antofagasta, Chile, on June 6, 2012, with the signing of the Framework Agreement of the Pacific Alliance, which is submitted for consideration by the honorable Congress the Republic, through this approval bill.
2.2 The Pacific Alliance as integration initiative
In the process of constitution of the Pacific Alliance was a matter to define the scope and level of ambition of the initiative, which has at least two dimensions: one related to deepening the current degree of integration among member countries and other, related to the need to seek convergence on the progress achieved between existing trade agreements between member countries.
In the dimension of depth which areas should be defined to encompass an area of ​​deep integration. While in principle the concept of deep integration covers many areas as possible, it is also clear that some are more easily achievable than others, or have clearer effects on economic matters.
After three presidential summits held in Lima, Peru, on April 28, 2011, in Merida, Mexico on December 4, 2011, at Paranal, Antofagasta, Chile, on June 6, 2012, as well as a Summit virtual on March 5, 2012, which have been preceded by rounds of meetings of the High Level Group, temporary instance composed of the Deputy Ministers of Foreign Affairs and Foreign Trade of the member countries, as well as technical equipment, areas prioritized integration are:
- movement of business people and for migratory transit facilitation.
- Trade and integration, including trade facilitation and customs cooperation.
- Services and capital, including the possibility of integrating the stock exchanges; and
- Cooperation and dispute settlement mechanisms.
Movement of business people and transit facilitation for immigration, including cooperation between immigration and consular authorities.
The main objective is to facilitate transit migration and free movement of business persons. It is examining possible scenarios for progress on the issue of abolition of visas for businessmen and other subjects beneficiaries of each country of the Pacific Alliance. Among other issues, the possibility of establishing a framework for cooperation and exchange of information on migration flows to detect any problems associated with border security arises.
Trade and integration including trade facilitation and customs cooperation.
This group consists of five sub-groups:
- Sanitary Measures: The objective is to advance health eligibility processes, mechanisms of cooperation, transparency and good practice, in order to avoid unnecessary barriers to trade.
- Trade facilitation and customs cooperation: Countries agreed roadmap for paperless trade issues, one-stop shop, authorized economic operator and advance rulings. Customs cooperation will work with the Inter-American Development Bank (IDB), for an analysis of the existing agreements of cooperation and mutual assistance with a view to identifying what issues would work.
- Technical standards: The objective is to prevent unjustified barriers to trade imposed by arguing reasons of technical regulations.
- Tariff Elimination: The objective is to advance the cumulation of origin between the parties. It should be noted that currently, the level of depth in the area of ​​goods is high, to the extent that much of the trade in goods is already liberalized, with some exceptions.
Services and capital, including the possibility of integrating the stock exchanges.
The aim is to position the Pacific Alliance as an attractive destination for investment and trade in services and increasing investment flows and trade in services between the countries of the Alliance and between the rest of the world.
Cooperation.
We have identified major thematic areas to be discussed:
- SMEs.
- Climate change.

- Academic mobility.
- Competitiveness.
- Tourism.
2.3 The Pacific Alliance in the context of the region are ongoing
similar initiatives in the region both in the framework of ALADI, as within the Forum of Latin American Pacific Arch (ARCO) [1], They aimed at creating spaces for the network convergence of trade agreements that exist in the region. While these initiatives do not address the degree of depth of the Pacific Alliance, nor are incompatible with it.
The initiative of the Pacific Alliance has similar objectives to those pursued by the ARCO Forum integrate the Latin American countries of the Pacific Rim and closer ties with the Asia Pacific. To achieve this, the ARC has been working on issues of trade convergence and integration; trade facilitation and logistics; promotion and protection of investments and cooperation for competitiveness.
However, ARCO advances have been limited, particularly in convergence and trade integration, by differences over the objectives and mechanisms to achieve it. Chile, Peru, Colombia and Mexico would form, in the Pacific Alliance, the most homogeneous group and that probably would be better able to advance this initiative.
In the framework of the ALADI member countries have made progress in the establishment of free trade areas and holding a series of bilateral or regional agreements that have deepened integration in goods, services and investment. Currently we advance in work towards the establishment of so-called "Free Trade Area". However, this initiative does not reach the degree of depth determined by the member countries of the Pacific Alliance.
The achievements by these integration processes are a capital obtained, whose defense and development become a central element from which to build any broader processes at the hemispheric and global levels.
3. Importance for Colombia of belonging to the Pacific Alliance
In the last decade, Colombia has successfully implemented a strategy of integration into the global economy, with the goal of maximizing the benefits of preferential access and a stable long-term supply of goods and services, attract more investment, achieve proper utilization of productive factors and incorporate new technologies to the national productive apparatus. [2] One of the fundamental pillars of this strategy is to advance Latin American integration facing the insertion in the global market, particularly with the countries of the Asia Pacific as a challenge in the medium term.
Aware of the importance of this challenge represents, Colombia has consistently wagered a process of deep regional integration on the basis of clear, stable and predictable rules governing relations between the countries of the Pacific Alliance.
The Framework Agreement is submitted for your consideration is merely an instrument in the process of internationalization of political and economic relations of Colombia, set to the constitutional mandates applicable. In this sense, the Framework Agreement formalizes the commitment of Colombia to regional integration and promoting trade relations in the Asia Pacific region. 3.1

political and strategic importance From a political and strategic view, the Framework Agreement plays an important role of cohesion among the countries of the Pacific Alliance; its entry into force will allow the use of the opportunities arising from this integration project. In addition, the Framework Agreement will achieve concrete results, which will facilitate shortly, the undertaking of joint action projection towards the Asia, strategic and priority area of ​​external relations of Colombia Pacific.
The results in trade, joint and coordinated action in promoting our exports and attracting investment, cooperation initiated for climate change research, student mobility and movement of people, among other topics that make up the catalog of issues to deepen indicate that this is an integral Alliance.

It should be noted that the consolidation of this block should be taken into consideration the population that forms the basis and purpose of the Alliance and based on it, have been identified further commitments, greater speed and new results. To do this, with the Pacific Alliance seeks to address the challenges that remain for the interaction of this population with the world: connectivity, the use of information technology, electrical interconnection, environmental protection.
Similarly, our business sectors have reacted with expectation before this project, but without fear, in the interest of strengthening networks of exchange and investment. 3.2

economic and trade importance weight of the four countries of the Pacific Alliance (Colombia, Chile, Mexico and Peru) is significant and its further sends an important signal to Latin America in terms of conviction regional integration and market opening is correct to ensure greater investments, greater trade and strong economic growth and sustained way.
The four countries that make up the block (Colombia, Chile, Mexico and Peru) represent about 206 million (equivalent to the population of Brazil) and generate a gross domestic product (GDP) of USD 1.9 billion , equivalent to 34% of all Latin America, with a GDP per inhabitant close to USD 13 billion.
As unemployment and inflation, the average for 2011 in the four countries was 7.7% and 4.2%, respectively. The growth rate of GDP in the four countries was 5.8%. This reflects not only macroeconomic stability but annual capacity and market expansion.

Colombia, Chile, Mexico and Peru in 2011 generated half of foreign trade in the region: USD 534 billion in exports and US $ 518 billion in imports and are recipients of nearly $ 48 billion in FDI.
These four countries are also the largest economies of the Latin American Pacific Rim, representing about 88% of GDP of the 11 economies combined. Pacific Alliance received in the last 5 years 89% of the investment reached 11 countries of the Arc.

However, the participation of the countries of the block of the Pacific Alliance in global investment flows remains low, in 2010, the Pacific Alliance received 4% of global investment.


Projections indicate that the member countries of the Pacific Alliance continue sustained economic growth between 3.5% and 5%. However, the large amount of raw material available in Latin American countries has benefited the production and export of manufactured in Mexico and Chile, including Chile's exports to countries in Asia products, which reached 50% of total exports in 2011 [3].
3.3 State of relations between the Member States of the Pacific Alliance
3.3.1 State of the bilateral relationship with Mexico

Exports In 2011, Colombian exports to Mexico grew by 11% , from USD 638 million to USD 705 million. In the period January-April 2012 exports reached USD 257 million, up 12% over the same period last year.

Imports In 2011 imports from Mexico Colombia registered an increase of 58% from USD 3,694 million to USD 5,849 million. In the period January-April 2012 imports reached USD 2.031 million, growing 27% over the same period last year. Trade balance

In the past four years the trade balance has presented a negative trend, being in deficit for Colombia. In 2011 a deficit of USD 5,144 million was presented. In the period January-April 2012 the trade balance is negative for Colombia at USD 1,774,000, with USD 1,366 in the same period last year.

Foreign Direct Investment (FDI)
In 2011 FDI flows to Mexico in Colombia was $ 80 million. Between 2003 and 2008 FDI grew representatively, from USD 19 million to USD 412 million.
The cumulative FDI from Mexico in Colombia between 1994 and 2008 reached USD 2,051 million. For 2011 he recorded a cumulative total of USD 861 million. As for the sectors that received the most FDI over the last six years include real estate (53%) and transport (41%).

The important value of FDI made Colombia in Mexico in 2011, which reached USD 1,620 million is highlighted.

Tourism

In 2002 some 25 million Mexicans entered our country tourists, a figure that has grown steadily to approximately 78,000 in 2011.
Currently, tourists from Mexico account for 5% of total tourists visit Colombia.
On the other hand, Colombian tourists who have been to Mexico increased from 26,000 to almost 102,000.
3.3.2
state of bilateral relations with Chile Exports

In 2011, Colombian exports to Chile grew by 103% from USD 1,086 million to USD 2,205 million. In the period January-April 2012 exports reached USD 796 million, growing 41% over the same period last year. Imports

In 2011 Colombian imports from Chile have increased 23%, from USD 688 million to USD 847 million. In the period January-April 2012 imports reached USD 291 million, up 10% over the same period last year. Trade balance

In the last four years (2008-2011) has reversed the trade balance, which is now surplus to Colombia. In 2011 it reached USD 1,358 million. In the period January-April 2012 the trade balance is positive for Colombia at USD 505 million, with USD 299 in the same period last year.

Foreign Direct Investment (FDI)
FDI from Chile in Colombia during 2011 was $ 583 million, the highest figure in recent years. With this record the accumulated reaches USD 1,097 million.

For its part, Colombia also made the highest value of investment in Chile in 2011 to record USD 1,369 million to reach a cumulative USD 1,758 million.
Tourism

In 2011 entered 56 thousand Chilean tourists to Colombia. Currently, tourists from Chile represent about 3.5% of total tourists visiting Colombia (1582118). For the same period, just over 53 thousand Colombians visited Chile.
3.3.3
state of bilateral relations with Peru Exports

In 2011, Colombian exports to Peru grew by 23% from USD 1,132 million to USD 1,397 million. In the period January-April 2012 exports reached USD 514 million, growing 12% over the same period last year.

Imports In 2011 imports from Peru Colombia recorded an increase of 31% from USD 755 million to USD 988 million. In the period January-April 2012 imports reached USD 288 million, down 8% compared to the same period last year. Trade balance

In the last three years (2009-2011) the trade balance has presented a positive trend growing. In 2011 a surplus of USD 370 million was presented.
In the period January-April 2012 the trade balance is positive for Colombia at $ 226 million, $ 146 million in the same period last year.

Foreign Direct Investment (FDI)
Peru's FDI in Colombia during 2011 recorded USD 19 million, the highest figure in recent years, with even 79% higher than the record of 2010 when it reached USD 11 millions. With this record, the accumulated reached USD 134 million.

For its part, Colombia also made the largest investment value in Peru in 2011 to record USD 794 million. This value is 159% higher than in 2010 (USD 307 million). The accumulated 2011 reached USD 1,982 million.
Tourism

In 2011 entered nearly 77 thousand Peruvians tourists to Colombia. Currently, tourists from Peru represent 5% of the total visiting Colombia (1582118). For the same period, 97 thousand Colombians visited Peru.

3.4 Outlook
Pacific Alliance is presented below for goods, services, investment and movement of people, the state of affairs of integration in the region and possible ways through which could complement the level of integration already achieved. Real

3.4.1 The level of depth of trade relations is high, to the extent that much of the property is already released or in process of being registered, with some exceptions.
Colombia does not grant tariff free access to Chile in 182 subheadings representing 2.4% of the tariff and record near USD 3,100 million imports from Colombia the world. These subheadings are subject to the price band mechanism and variable tariff applies to Chile. the fixed tariff does not apply.
This is mainly pork, poultry, dairy, rice, corn, oilseeds, sugar.


For its part, Chile does not grant tariff free access to Colombia in 41 subheadings subject to its price band (1% of the tariff). It is wheat and sugar.
Colombia does not grant tariff free access to Mexico in 361 subheadings representing 4.8% of the tariff and record near USD 3,500 million imports from Colombia the world. Some of these subheadings are subject to strip mechanism excluded or excluded prices but applies the (PAR) Regional Tariff Preference, and others are subject to quotas under the recent deepening of the Agreement.
This is mainly beef and pork, poultry, dairy, vegetables, bananas, coffee, wheat, rice, corn, oilseeds, sugar, food preparations, cotton.

For its part, Mexico does not grant free access on 413 tariff subheadings subject to partial or excluded from the Agreement (3% of the tariff) access. It is mainly beef and pork, poultry, dairy, vegetables, coffee, cereals, rice, oil, sugar, food preparations, cigarettes, cotton.
In different fields to tariff reduction, and complement effective access to markets beyond tariffs, advances could occur in:
- extended cumulation of origin between countries in the initiative with a view to export to third countries, achieving greater integration between the productive sectors of the participating countries, generating productive linkages by sector, in order to improve competitiveness from improved supply conditions. For this purpose must define the conditions for qualification, certification and verification of origin.
- Trade facilitation and customs administration to enable the speedy clearance of goods, exchange of information, cooperation between customs, customs automation, etc.
- Prevent sanitary measures and technical standards become unjustified barriers to bilateral trade. For this purpose, it is desirable to develop principles of transparency and equivalence, among others. 3.4.2

Services and investment flows investment and trade in services are crucial to the consolidation of deep integration pursued by the Pacific Alliance aspects.
Facilitate and promote trade in services among the countries of the Pacific Alliance is a significant step towards the joint achievement in the world market for trade in services. This sector is the one with higher levels of growth worldwide, being a generator of employment for excellence for our economies.
In this way the working group of services and capital has made progress in several initiatives aimed at facilitating and promoting investment and the provision of services in the region.
Progress on investment and services are evident in the following aspects:
- Completion of negotiating a chapter on electronic commerce. This text reflects the interest of the countries of the Alliance to strengthen, facilitate and promote the use of this type of trade, justified by the visible opportunities created by the increased use of information technologies to market goods and services. To this end, commitments such as the elimination of customs duties for digital products, transparency mechanisms, the need to adopt measures that provide confidence to consumers of electronic commerce to promote their use are established.
- Signing of Memorandum of Understanding by which the Joint Committee Joint Services and Investment, which aims to improve the investment climate and trade in services is formed, through exchange of information, promotion and cooperation on related topics and the identification and elimination of barriers to investment and trade in services in the countries of the Pacific Alliance.
- With the support of international organizations interested in supporting this integration process, relevant studies will be made to the lifting of trade barriers in professional services, value-added chains in services and barriers on investment.
- Additionally, the ability to update international investment agreements in force between the countries of the Alliance with commitments that include clauses studied art.
- Another aspect to highlight is the invitation to deepen the commitments on professional services, exploring the realization of agreements of mutual recognition of professional licenses. 3.4.3 Movement of persons


Measures to facilitate the movement of business visitors and other migratory qualities as professionals, technicians, traders and investors, including abolition of visas, immigration facilitation and implementation of projects that streamline migration flows at airports are planned.
Further advances in this area could be in:
- The movement of people without passport, which exists with Peru as a commitment of CAN, its viability could be evaluated with other countries.
- Strengthening cooperation and exchange of information between competent authorities in each country of the Alliance on issues related to migration and border security.
- Developing strategies consular facilitation.
4. Features Treaty
The Framework Agreement is a treaty establishing an international organization called 'Pacific Alliance "; defines its objectives and actions to be undertaken to achieve these objectives, it sets its bodies and the nature of the instruments adopted within it, allows the possibility of observer states, regulates the accession of new states, has how disputes between Member States will be resolved, it regulates the way may be amended and establishes rules about its entry into force and duration.
Also, they established their members as essential requirements for participation in it, the rule of law, democracy and constitutional order, separation of the branches of government and the protection, promotion, respect and guarantee of Human Rights and fundamental freedoms.
The Framework Agreement defines the Pacific Alliance as an area of ​​regional integration, with the following objectives:
- Build, participatory and consensual manner, an area of ​​deep integration to move progressively towards the free movement of goods , services, capital and people.
- To promote further growth, development and competitiveness of the economies of the Parties, with a view to achieving greater well-being, overcoming socioeconomic inequality and social inclusion of its inhabitants, and
- Becoming a platform for joint political, economic and trade integration and projection into the world, with special emphasis on the Asia Pacific.
The Alliance has a comprehensive agenda determined by the results already achieved in trade, joint and coordinated between agencies promoting exports and attracting investment, cooperation for research on climate change action, mobility student and movement of people.
- The Framework Agreement sets out the following actions by which, among others, the Alliance will seek to achieve its objectives:
- Liberalizing trade of goods and services in order to consolidate a free trade area between the parts.
- Moving towards free movement of capital and investment promotion between the Parties.
- Develop shares trade facilitation and customs matters.
- Promote cooperation between migration and consular authorities and facilitate the movement of people and immigration transit through the territory of the Parties.
- Coordinate the prevention and control of transnational organized crime to strengthen public security agencies and law enforcement of the Parties, and
- contribute to the integration of the Parties by developing mechanisms cooperation and promote Pacific cooperation Platform.
Also include the institutions of the Pacific Alliance under the Agreement through:
- The establishment of the Council of Ministers as the main body composed of the Ministers of Foreign Affairs and the Ministers responsible for Trade outside, with the task of adopting the decisions to develop the objectives and specific actions of the Framework Agreement and, in presidential statements of the Pacific Alliance.
- The figure of the President Pro Tempore of the Pacific Alliance, which will be held successively by each of the Parties, in alphabetical order, for annual periods beginning in January.
- The definition of the criteria for accession, by States that so request and have in place a free trade agreement with each of the Parties.
- Incorporation of the possibility of participation as an Observer State of the Pacific Alliance and the requirements for it.

The Framework Agreement is clear in establishing that this integration process will be based on economic, trade and integration in force between the Parties to bilateral, regional and multilateral agreements. In this sense, the Framework Agreement guarantees the permanence and continuity of existing integration processes, advancement and deepening of new agreements in development of various international trade agreements in force.
The figure of observer states evidence that the Pacific Alliance is an open process of integration, which seeks among other things, encourage the integration of all Latin American Pacific. Panama and Costa Rica joined the process of constitution of the Pacific Alliance and aspire to become members.
The accession of new members of the Alliance is subject to the effect of trade agreements between them and their current members. Costa Rica has trade agreements with Chile and Mexico and is awaiting legislative approval of the agreement with Peru. Similarly, in the Joint Declaration of the Presidents of Colombia and Costa Rica from June 15, 2012, it was established as a commercial priority begin the process of negotiating a Free Trade Agreement between the two countries, with a view to achieving a mutually satisfactory agreement by the end of 2012. Panama has free trade agreements with Chile and Peru and partial scope agreements with Colombia and Mexico. Currently negotiating a free trade agreement with Colombia.
Although not have initiated discussions on the "external" component of the Alliance, countries in the Asia Pacific region have expressed interest in the initiative, in which Colombia is seen as a potential partner for this process and can be appropriate approaches lead. The Association of Southeast Asian Nations (ASEAN), has raised the possibility of establishing mechanisms for regional dialogue. In this sense, the Framework Agreement sets the parameters for the incorporation of other countries in the region. Are important progress achieved so far, already the hemisphere and other countries outside the region have shown their interest in a relationship with the Alliance.
During the IV Presidential Summit of the Pacific Alliance was attended by Costa Rica and Panama as observers; Canada as a special guest and with representatives of Australia and Japan.
5. Compliance with substantive constitutional requirements during the negotiation and signing of the Framework Agreement of the Pacific Alliance
Negotiation Framework Agreement of the Pacific Alliance and its subsequent subscription were developed in accordance with the principles enshrined in the Constitution. It is from this perspective is to analyze the main constitutional principles on which the negotiation and subsequent signing of the Agreement was founded. 5.1
constitutional powers of the executive and legislative branches in international trade negotiations
The conclusion of international trade agreements is a complex act that requires the active participation of the three branches of government. In the first instance, paragraph 2 of Article 189 assigned to the Executive led by the President of the Republic the management of international relations and the authority to enter into treaties or agreements with other States and entities of international law, which are subject to Congressional approval [4]. In addition, paragraph 25 of Article 189 authorizes the President to modify tariffs, rates and other provisions related to customs and regulate foreign trade.
In a second instance, Article 150 assigns to Congress the role to approve or disapprove the agreements signed by the Executive as well as the issuance of general rules based on which the Government should regulate trade Exterior [5]. Finally, the Constitution also has the active participation of the Judicial branch of government. Clause 10 of Article 241 of the Constitution provides that the Constitutional Court rightful final decision on the constitutionality of international treaties and laws that approve.

The analysis of the constitutional text shows that in negotiation and conclusion of international treaties, the functions of the executive, legislative and judicial branch are clearly defined in the Constitution. This is how the President directs international relations and celebrated international treaties; Congress approves or disapproves the by issuing laws approving; and the Constitutional Court exercises prior control of constitutionality of both the law approving the Agreement and the international instrument.
In the case of the Framework Agreement of the Pacific Alliance, developing the constitutional powers of the executive, negotiations were directed and conducted by the National Government. Also, in compliance with the Constitution, the Framework Agreement was signed by the President of the Republic. Finally, in view of the constitutional role of Congress, the Executive submits to the Congress approving this draft law for approval of the Framework Agreement of the Pacific Alliance.
For the above considerations, the negotiation and subsequent signing of the Framework Agreement of the Pacific Alliance complies with the provisions of the Constitution for the processing of treaties or international agreements.
5.2 The Framework Agreement of the Pacific Alliance meets the constitutional mandate of internationalization of economic and trade relations
The Framework Agreement of the Pacific Alliance is a development of the constitutional mandates of internationalization of social relations, economic and ecological and economic, social and political integration of Colombia with other nations.
Article 226 of the Constitution stipulates head of state duty to promote economic, social and ecological relationships. Also Article 227 of the Constitution, set to head the State the duty to promote the economic, social and political integration, including integration with the countries of Latin America and the Caribbean. The Constitutional Court has interpreted the scope of these two provisions in the following terms:
"Article 226 of the Constitution expressly commits the state in promoting 'the internationalization of political, economic, social and ecological relations on the basis of equality, reciprocity and national interest 'while the 227 authorizes' economic, social and political integration with other nations' "[6].
Later in the Judgment C-155 of 2007 [7] the Court ordered the following:
"The Constitution of 1991 was no stranger to the integration of the Colombian State to international order. Thus, the Preamble and Articles 9 and 227 indicate that economic, social and political integration with other States will be promoted, (...).
Similarly ibídem Article 226 states that the State shall promote 'the internationalization of political, economic, social and ecological' (...) ".
The previous case law concerning possible to conclude that the Constitution commits the State to promote the internationalization of political and economic relations as well as in promoting integration processes in the political, economic and social fields. In addition, the Constitution recognizes that in the process of internationalization and integration of the economy with other nations is vital that the state can manage its international relations. In this context, international treaties and conventions are an ideal instrument for the full implementation of these commitments.
The Framework Agreement of the Pacific Alliance aims to consolidate an area of ​​political and economic regional integration, as deprende the wording of the 1st and 2nd articles of the Agreement. So, to promote political and economic integration among members of the Pacific Alliance, the Framework Agreement is a suitable for achieving the constitutional mandates of internationalization and integration of the Colombian economy instrument.
In addition, it is important that Member States of the Pacific Alliance are Latin American States, so that the Framework Agreement is a manifestation of the constitutional commitment of the State to promote economic and political integration with Latin American countries.
In this vein, the Framework Agreement is an express manifestation of the constitutional mandates that govern political, economic and social relations with other nations, particularly with Latin American nations.

5.3 The Agreement Pacific Alliance is an express manifestation of national sovereignty
The article 9 of the Constitution states that the State's foreign relations must be based on national sovereignty. The Constitutional Court Ruling C-1189 of 2000 (MP Carlos Gaviria Díaz) defines "sovereignty" as independence, the latter understood as the power to exercise, within a territory and its inhabitants, state functions.
In Judgment C-621 of 2001, the Constitutional Court said that in exercise of its sovereign power states can freely accept reciprocal obligations at the international level. In the words of the Constitutional Court:
"Understood, sovereignty in the legal sense confers rights and obligations for States, who enjoy autonomy and independence to regulate its internal affairs, and can accept freely, without foreign impositions, in his capacity as equal subjects of mutual obligations the international community aimed at peaceful coexistence and strengthening of relations of cooperation and mutual assistance "[8].
On the same occasion, the Constitutional Court was even more explicit in stating that international agreements that celebrates the state are a manifestation of its sovereignty. In this understanding, international commitments under these agreements constitute an "act of sovereignty":
In the modern and contemporary world, international legal balance assumes that domestic orders states are not absolute, as well as there is a general interest within each of them, also there is an international public interest, founded on the universal common good. It is this interest that seeks performed by the agreements or treaties held under the exercise of sovereignty, as attribute of each of the States: international engagement is thus an act of State sovereignty that is linked, that is, it is the expression of the independent will of each State seeking to commit as a legal entity at the international level.
The ability to exercise sovereignty expresses itself in the ability to compromise, and, obviously, to answer for it. In other words, the international agreement is, as has been said, a manifestation of state sovereignty, an exercise of sovereignty that results in international responsibility. If there is a man in the plane of responsibility on the basis of freedom, at the international level is no liability on the basis of the exercise of sovereignty, since the State agrees that it has exercised for self-determination. (...) "[9]. (Emphasis added).
Due to this, the Framework Agreement the Pacific Alliance is an express manifestation of national sovereignty, under which Peru, Chile, Colombia and Mexico undertake voluntarily and freely, to meet reciprocal obligations contained in the Agreement. Additionally, in the present case it should be noted that the Framework Agreement does not contain any obligation involving the transfer of sovereignty to a supranational body on matters of macroeconomic, sectoral policy or much less social. In this understanding, the Framework Agreement of the Pacific Alliance preserves the broad powers of the Colombian to lead and intervene in economic, political and social issues, in exercise of its sovereign power state.
For the above considerations, the Framework Agreement is based on national sovereignty in compliance with article 9 of the Constitution. CONCLUSIONS

The Pacific Alliance is an integration project between four Latin American countries, Colombia, Mexico, Chile and Peru, with a view to building an area of ​​deep integration for the movement of goods, services, capital and people and become a political, economic and trade and the world projection platform, with special emphasis on the Asia Pacific.
The Framework Agreement submitted for consideration by the honorable concrete Congress and enables the birth of an instrument of trade integration that links Latin America, which should be seen essentially as a historic opportunity to promote decentralized development of our countries through generation of regional economies in the areas of influence of the axes of integration and development.

The Framework Agreement object of this draft law approving the Treaty is necessary to give full implementation to parameters, institutional architecture and rules that will govern the process of political, economic coordination and cooperation between Chile, Colombia, Mexico and Peru in the framework of the Pacific Alliance.
The Alliance in any way replace but complements and drives these other initiatives aimed at creating areas of integration. This is open to the participation of those countries in the region who share the will to achieve the goals process.
With all trade negotiations, investment and integration with other economies in which Colombia progresses, it seeks to increase its commercial presence in the world, so that greater economic development through business and investment you can boost employment.
The weight of the four countries of the Pacific Alliance (Colombia, Chile, Mexico and Peru) is significant and its further sends an important signal to Latin America. Undoubtedly, this new block means a huge breakthrough in the economic integration of Latin America, and the opportunity to realize the commercial potential of these economies.
As a true integration is achieved it will be possible to position the countries of the Pacific Alliance as an attractive destination for global investment and join forces in pursuit of the Asia Pacific.
While it is true that in the field of trade in goods, integration is quite advanced, we must continue to deepen existing relationships and agreements in services and investment between countries. Also, the four countries should work on maximizing the benefits of foreign investment and international trade in services in the region for better growth and economic development.
In this context, the Government through the Minister of Foreign Affairs and the Minister of Commerce, Industry and Tourism requests the honorable Congress of the Republic approved the "Framework Agreement of the Pacific Alliance" between the United States Mexico, the Republic of Colombia, the Republic of Chile and the Republic of Peru, signed in the city of Antofagasta, Chile, on June 6, two thousand twelve.
Of the honorable Congressmen,
The Minister of Foreign Affairs Maria Angela Holguin Cuellar
.
The Minister of Commerce, Industry and Tourism, Sergio Diaz-Granados
Guida.
The Coordinator signed the Internal Working Group Treaty (E) of the Directorate of International Legal Affairs, Ministry of Foreign Affairs of the Republic of Colombia, CERTIFIES
:
That the reproduction of text above is true and complete copy of the original text of the "Framework Agreement of the Pacific Alliance" signed in Panama, Antofagasta, Republic of Chile, on June 6, two thousand twelve, a document that is on file with the Internal Working Group Treaty of the Department of International Legal Affairs of the Ministry.
Given in Bogotá, DC, on September 13, 2012.
The Coordinator of Internal Working Group of Treaties (e), Directorate of International Legal Affairs, LUCÍA
SOLANO RAMIREZ. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, July 19, 2012
authorized. Submit for consideration by the honorable Congress for constitutional purposes.
(Sgd.)
CALDERON JUAN MANUEL SANTOS Minister of Foreign Affairs,
(Sgd.) Maria Angela Holguin Cuellar.
DECREES.
Article 1o. To approve the "Framework Agreement of the Pacific Alliance" signed in Paranal, Antofagasta, Republic of Chile, on June 6, 2012.
Article 2o. In accordance with the provisions of article 1 of Law 7 of 1944, the "Framework Agreement of the Pacific Alliance" signed in Paranal, Antofagasta, Republic of Chile, on June 6, 2012, that article 1 of this bill is passed, it will force the Republic of Colombia from the date on which 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 Commerce, Industry and Tourism.
The Minister of Foreign Affairs Maria Angela Holguin
CUÉLLAR.
The Minister of Commerce, Industry and Tourism, Sergio Diaz-Granados
GUIDA. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, July 19, 2012
authorized. Submit for consideration by the honorable Congress for constitutional purposes.
(Sgd.) CALDERON JUAN MANUEL SANTOS

The Minister of Foreign Affairs,
(Sgd.) Maria Angela Holguin Cuellar.
DECREES.
Article 1o. To approve the "Framework Agreement of the Pacific Alliance" between the Republic of Colombia, the Republic of Chile, the United Mexican States and the Republic of Peru, signed in the city of Antofagasta, Chile, on 6 June 2012. | Article 2. ||. In accordance with the provisions of article 1 of Law 7 of 1944, the "Framework Agreement of the Pacific Alliance" between the Republic of Colombia, the Republic of Chile, the United Mexican States and the Republic of Peru, signed in the city of Antofagasta, Chile, on June 6, 2012, that article 1 of this law is passed, it will force the Republic of Colombia from the date on which the international link is perfect therefrom.
Article 3o. This law applies from the date of publication.
The President of the honorable Senate,
Roy Barreras Montealegre.
The Secretary General of the honorable Senate,
GREGORIO Eljach PACHECO.
The President of the honorable House of Representatives,
AUGUSTO POSADA SÁNCHEZ.
The Secretary General of the honorable House of Representatives,
JORGE HUMBERTO SERRANO MANTILLA.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
transmittal and enforcement. Run
prior review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Santiago de Cali, 22 May 2013.

CALDERON JUAN MANUEL SANTOS Minister of Foreign Affairs Maria Angela Holguin
CUÉLLAR.
The Minister of Commerce, Industry and Tourism, Sergio Diaz-Granados
GUIDA.

* * * 1. ARCO members are Chile, Peru, Ecuador Colombia, Panama, Nicaragua, Honduras, El Salvador, Costa Rica, Guatemala and Mexico.
2. National Development Plan 2010- 2014. Chapter VII. Transversal supports Democratic Prosperity. International relevance. productive integration into international markets, p.
509. 3. Center for Latin American Studies (CESLA); Latin American Economy: Trends Reports Colombia, Chile, Mexico and Peru from May to June 2012.
4. Article 189. Numeral 2. Direct international relations; numeral 25: Appoint diplomatic and consular agents, receiving the respective agents and celebrate with other States and entities of international law Agreements or agreements to be submitted for congressional approval.
5. Article 150, paragraphs 16 and 19 literal b) in addition to the above, and in relation to the competence of the Congress on this issue, Article 217 of Law 5 of 1992 or Organic Law of Congress, states that the legislature may approve, disapprove reservations or ask to postpone the entry into force of the Agreement.
6. Judgment C-309 of 2007 (MP Marco Gerardo Monroy Cabra).
7. Judgment C-155 of 2007 (MP Alvaro Tafur Galvis).
8. Constitutional court. Judgment C-621 MP 2001. Manuel José Cepeda.
9. Constitutional court. Judgment C-276 MP 1993. Dr. Vladimiro Naranjo Mesa.

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