Key Benefits:
1628 OF 2013
(May 22)
Official Journal No. 48.798 of 22 May 2013
CONGRESS OF THE REPUBLIC
C-258-14 >
By means of which the "Framework Agreement of the Pacific Alliance" is approved, 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, the June 6, 2012.
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 of Antofagasta, Chile, on June 6, 2012.
(To be transcribed: A faithful and complete photocopy is attached in Spanish of the precious international instrument, taken from the original that rests in the file of the Internal Working Group of the Treaty of Treaties of the Ministry of Foreign Affairs Colombia, which consists of nine (9) folios.
BILL NUMBER
by means of which the "Pacific Alliance Framework Agreement" in Paranal, Antofagasta, Republic of Chile, is approved on June 6, 2012.
The Congress of the Republic
by means of which the "Pacific Alliance Framework Agreement" is approved, signed in Paranal, Antofagasta, Republic of Chile, on June 6, 2012.
(To be transcribed: A faithful and complete photocopy of the Spanish text of the precious international instrument is attached, taken from the original that is based on the file of the Internal Working Group of the Treaties of the Ministry of Foreign Affairs Colombia, which consists of nine (9) folios.
PACIFIC ALLIANCE FRAMEWORK AGREEMENT.
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 Lima Presidential Declaration of April 28, 2011, for which the Pacific Alliance was established for the formation of an area of deep integration, which seeks to progressively advance towards the free movement of goods, services, capital and persons;
TAKING INTO ACCOUNT the Merida Presidential Declaration of December 4, 2011, in particular, the commitment to sign a treaty establishing the Pacific Alliance;
CONVINCED that regional economic integration is one of the essential instruments for Latin American states to advance in their sustainable economic and social development, promoting better quality of life. living for their peoples and contributing to solving the problems that still affect the region, such as poverty, exclusion and persistent social inequality;
DECIDED to strengthen the different integration schemes in Latin America, as spaces for concertation and convergence, aimed at fostering open regionalism, which inserts the Parties efficiently in the world and link them to other regionalisation initiatives;
CONSCIOUS that this integration process will be based on the existing economic, trade and integration agreements between the Parties at bilateral, regional and multilateral levels, and which should contribute to deepening their economic and commercial relations;
REAFFIRMING the rights and obligations arising from the Marrakesh Agreement establishing the World Trade Organization (WTO), the Treaty of Montevideo 1980, as well as the free trade and integration between the Parties, which provide an excellent platform for facilitating and facilitating the integration of our economies;
CONSIDERING the status of Member Countries of the Andean Community of the Republic of Colombia and the Republic of Peru, and the commitments that derive from it for these States;
COMMITTED to provide economic operators with a predictable legal framework for the development of trade in goods and services, and investment, in order to facilitate their active participation in economic and Trade between the Parties;
DECIDED to establish clear and mutually beneficial rules between the Parties, which will provide the necessary conditions for further growth and diversification of trade, development and competitiveness in their economies;
CONVINCED of the importance of facilitating the free movement of people between the Parties, as a mechanism that helps create better conditions for competitiveness and economic development;
CONSCIOUS of the need to boost international cooperation for the economic development of the Parties and for the improvement of their competitive capacity;
CONSIDERING the progress of the Parties on the development and inclusive economic growth and the strengthening of common democratic values and principles;
REAFFIRMING as essential requirements for participation in the Pacific Alliance the validity of the rule of law and the respective constitutional orders, the separation of the Powers of the State, and the promotion, protection, respect and guarantee of human rights and fundamental freedoms;
CONFIRMING the willingness to constitute the Pacific Alliance as a space for consultation and convergence, as well as a mechanism for political dialogue and projection towards the Asia-Pacific region; and
RESOLVED to reaffirm the special ties of friendship, solidarity and cooperation among their peoples.
AGREE the following:
ARTICLE 1. CONSTITUTION OF THE PACIFIC ALLIANCE. C-258-14 >
The Parties constitute the Pacific Alliance as an area of regional integration.
ARTICLE 2. DEMOCRACY AND RULE OF LAW. C-258-14 >
Parties establish as essential requirements for participation in the Pacific Alliance as follows:
(a) The validity of the rule of law, of democracy and of the respective constitutional orders;
b) Separation of the Powers of the State; and
c) The protection, promotion, respect and guarantee of human rights and fundamental freedoms.
ARTICLE 3. GOALS. C-258-14 >
1. The Pacific Alliance has the following objectives:
a) Building, in a participatory and consensual manner, an area of deep integration to move progressively towards the free movement of goods, services, capital and people;
b) Promoting greater growth, development and competitiveness of the economies of the Parties, with a view to achieving greater welfare, overcoming socio-economic inequality and the social inclusion of its inhabitants; and
c) Become a platform of political articulation, economic and commercial integration, and projection to the world, with special emphasis on the Asia Pacific.
2. To achieve the objectives set out in this article, the following actions will be developed:
(a) Liberalize the commercial exchange of goods and services, with a view to consolidating a free trade area between the Parties;
b) Advancing towards the free movement of capital and the promotion of investments between the Parties;
c) Develop trade facilitation and customs issues;
d) Promote cooperation between migratory and consular authorities and facilitate the movement of persons and migratory transit on the territory of the Parties;
e) Coordinate the prevention and containment of transnational organized crime to strengthen the public security and justice authorities of the Parties; and
f) Contribute to the integration of the Parties through the development of cooperation mechanisms and to promote the Pacific Cooperation Platform, signed in December 2011, in the areas defined therein.
ARTICLE 4. THE COUNCIL OF MINISTERS. C-258-14 >
1. The Parties establish the Council of Ministers, composed of the Ministers of Foreign Affairs and the Ministers responsible for Foreign Trade, or by whom they appoint.
2. The Council of Ministers shall have the following powers:
(a) Adopt decisions that develop the specific objectives and actions provided for in this Framework Agreement, as well as in the presidential declarations of the Pacific Alliance;
b) To ensure compliance and correct application of their decisions taken in accordance with the literal (a) of this numeral;
c) Evaluate periodically the results achieved in the implementation of their decisions taken in accordance with the literal (a) of this numeral;
d) Modify their decisions taken in accordance with the literal (a) of this numeral, taking into account the objectives of the Pacific Alliance;
e) Approving the activities of the Pacific Alliance, with dates, venues and agenda for meetings;
f) Define the political guidelines of the Pacific Alliance in its relationship with third countries or integration schemes;
g) Call on the High Level Group (GAN), established in the Lima Presidential Declaration, when it considers it appropriate;
h) Establish the working groups that it considers appropriate for the achievement of the objectives and the realization of the actions of the Pacific Alliance; and
i) Adopt 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 adopt its decisions in accordance with Article 5 (Decision-making and other agreements of the Pacific Alliance) of this Framework Agreement.
4. The ordinary meetings of the Council of Ministers shall take place once a year, and extraordinary meetings may be convened at the request of either Party.
5. The Council of Ministers shall meet with the presence of all Parties.
ARTICLE 5. APPROVAL OF DECISIONS AND OTHER AGREEMENTS OF THE PACIFIC ALLIANCE. C-258-14 >
The decisions of the Council of Ministers and other agreements in the field of the Pacific Alliance will be adopted by consensus and will be able to contemplate different treatments and/or modalities for the achievement of the objectives of the Pacific Alliance.
ARTICLE 6. NATURE OF THE DECISIONS AND OTHER AGREEMENTS OF THE PACIFIC ALLIANCE. C-258-14 >
The decisions of the Council of Ministers and other agreements adopted in the area of the Pacific Alliance, under the development of this Framework Agreement, will be an integral part of the legal system of the Pacific Alliance.
ARTICLE 7. THE PRESIDENCY PRO TEMPORE. C-258-14 >
1. The Pro Tempore Presidency of the Pacific Alliance will be held successively by each of the Parties, in alphabetical order, for annual periods initiated in January.
2. They are the privileges of the Pro Tempore Presidency:
a) Organize and host the Presidents meeting;
b) Coordinate meetings of the Council of Ministers and the GAN of the Pacific Alliance;
c) Maintain the record of the minutes of meetings and other documents;
d) To present to the Council of Ministers the activities of the Pacific Alliance, with dates, venues and agenda for the meetings;
e) Represent the Pacific Alliance on matters and acts of common interest, on behalf of the Parties; and
f) Exercise the other powers expressly conferred upon you by the Council of Ministers.
ARTICLE 8. RELATIONSHIP TO OTHER AGREEMENTS. C-258-14 >
The decisions of the Council of Ministers and other agreements adopted in the area of the Pacific Alliance will not replace or modify the existing bilateral, regional or multilateral economic, trade and integration agreements between the Parties.
ARTICLE 9. RELATIONSHIPS WITH THIRD PARTIES. C-258-14 >
1. The Pacific Alliance will promote initiatives and action guidelines on issues of regional or international interest and will seek to consolidate mechanisms of engagement with states and international organizations.
2. Upon decision of the Council of Ministers, international organizations may support and contribute to the achievement of the objectives of the Pacific Alliance.
ARTICLE 10. OBSERVER STATES. C-258-14 >
1. States requesting their participation as Observer States of the Pacific Alliance may be admitted with the unanimous approval of the Council of Ministers.
2. At the time of granting the status of Observer in favour of a requesting State, the Council of Ministers shall define the conditions for its participation.
ARTICLE 11. ACCESSION OF NEW STATES PARTY. C-258-14 >
1. This Framework Agreement shall be open to the accession of the States which so request and shall have in force a free trade agreement with each of the Parties. Acceptance of accession will 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. DIFFERENCES SOLUTION. C-258-14 >
1. The Parties shall make every effort, through consultations or other means, to reach a satisfactory solution, in any difference to the interpretation or application of the provisions of this Framework Agreement.
2. No later than six (6) months from the date of subscription of this Framework Agreement, the Parties shall enter into negotiations on a dispute settlement regime applicable to the decisions of the Council of Ministers and other agreements adopted in the the scope of the Pacific Alliance.
ARTICLE 13. ENTRY INTO FORCE. C-258-14 >
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. C-258-14 >
The Government of Colombia will act as a Depositary of this Framework Agreement.
ARTICLE 15. AMENDMENTS. C-258-14 >
1. Any Party may propose amendments to this Framework Agreement. The proposed amendments shall be communicated to the Chair Pro Tempore which shall notify them to the other Parties for consideration in the Council of Ministers.
2. Amendments approved by the Council of Ministers shall enter into force in accordance with the procedure laid down in Article 13 (Entry into Force) and shall constitute an integral part of this Framework Agreement.
ARTICLE 16. VALIDITY AND COMPLAINT. C-258-14 >
1. This Framework Agreement shall have an indefinite effect.
EXPLANATORY STATEMENT.
Honorable Senators and Representatives:
On behalf of the National Government, and in compliance with the provisions of Articles 150 numeral 16, 189 numeral 2 and 224 of the Political Constitution of Colombia, I have the honor to present to the honorable Congress of the Republic the bill by means of which the "Framework Agreement of the Pacific Alliance", between the Republic of Colombia, the Republic of of Chile, the United Mexican States and the Republic of Peru, signed in the city of Antofagasta, Chile, on June 6, 2012.
This explanatory statement consists of six parts. The first part describes the object of the Aprobative Law, the second part contains a general introduction to the subject, with the background and the context at the regional level. The third part describes the importance for Colombia of belonging to the Alliance at the political, commercial and economic level, the relationship of Colombia with the other countries that integrate it 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 the issues that are discussed in it. The fifth part addresses compliance with substantive constitutional requirements during the negotiation and subscription of the Pacific Alliance Framework Agreement. Finally, the conclusions are presented.
1. Object of the law
The bill approving the approval of the honorable Congress of the Republic is aimed at the approval of the Framework Agreement of the Pacific Alliance, signed by the United Mexican States, the Republic of Colombia, and the Republic of Chile and the Republic of Peru.
The Framework Agreement of the Pacific Alliance that is the subject of this bill is necessary to give full application to the parameters, institutional architecture, and rules that will govern the process of political, economic, and political articulation. of cooperation between Chile, Colombia, Mexico and Peru within the framework of the Pacific Alliance.
2. Introduction
The Pacific Alliance is a mechanism for political, economic, and cooperation and integration between Chile, Colombia, Mexico and Peru, established in April 2011, and formally and legally constituted on June 6, 2012, with the subscription to the Pacific Alliance Framework Agreement.
The objective of the Pacific Alliance is to create a deep integration area that will promote greater growth, development and competitiveness of the participating economies, through the progressive pursuit of the free movement of goods, services, capital and people.
The Pacific Alliance is one of the most innovative integration strategies in which Colombia participates, as it is an open and flexible process, with clear, pragmatic and consistent goals with the development model and policy. national. For Colombia, the Pacific Alliance is a fundamental axis of its internationalization strategy, particularly in the Asia Pacific region.
It is foreseeable that with the entry into force of the Framework Agreement of the Pacific Alliance, a stage of results will be initiated that will allow, within a period of no more than one year, to define and implement the strategy of screening in Asia Pacific, a component of the priority in the country's international relevance strategy. Likewise, it is clear that in the framework of the Pacific Alliance, a deepening of the strategic partnership with the other partners will be possible, thus strengthening the role of Colombia as an articulator of integration processes and as a driver of the joint insertion strategy on the international stage.
2.1 edent
In communication of October 14, 2010, sent by President Alan Garcia to President Juan Manuel Santos, Peru proposed an initiative aimed at making Panama, Colombia, Ecuador, Peru and Chile an "area of deep integration," in the ensuring full freedom for the movement of goods, services, capital and persons.
Later, at the Ibero-American Summit in Mar del Plata, on 3 and 4 December 2010, the President of Chile (Sebastián Piñera) summoned the Presidents of Peru, Colombia and Mexico to a meeting to discuss how to strengthen their relationship to through deep integration. At that time, the four countries agreed to a Ministerial meeting to define a roadmap of the work to be done to publicize the Initiative.
One of the first issues to be defined was the founding institutional framework of the Pacific Alliance, drawn up on the basis of the approval of the existing free trade agreements between the member countries. To this end, on 28 April 2011, the Presidents of Peru, Colombia, Chile and Mexico, in the framework of the first Summit of the Pacific Alliance, held in Lima, instructed their Ministers of Commerce and Foreign Affairs to prepare a draft Framework Agreement on the basis of the approval of existing free trade agreements.
The process of drafting 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 to the consideration of the honorable Congress of the Republic, by means of this bill of approval.
2.2 The Pacific Alliance as an integration initiative
In the process of establishing the Pacific Alliance, a matter to be defined was the scope and level of ambition of the initiative, which has at least two dimensions: one related to the deepening of the current degree of integration among the Member countries and, another, related to the need to seek convergence in the progress achieved between the trade agreements in force between member countries.
In the deepening dimension, it should be defined which areas should encompass a deep integration zone. While in principle the concept of deep integration encompasses as many areas as possible, it is also clear that some are more easily achievable than others, or have clearer economic effects.
After three Presidential Summits held in Lima, Peru, on April 28, 2011, in Merida, Mexico on December 4, 2011, in Paranal, Antofagasta, Chile, on June 6, 2012, as well as a Virtual Summit on March 5, 2012, which have been preceded by rounds of meetings of the High Level Group, a temporary body formed by the Deputy Foreign Trade and Foreign Trade Ministers of the Member States, as well as the technical teams, the areas of integration prioritized are:
-- Movement of business people and facilitation for immigration transit.
-- Trade and integration, including trade facilitation and customs cooperation.
-- Services and capital, including the ability to integrate stock exchanges; and
-- Differences solution cooperation and mechanisms.
Movement of business people and facilitation for immigration transit, including cooperation between immigration and consular authorities.
The main objective is to facilitate the migratory transit and the free movement of business people. It is a question of examining the possible scenarios for advancing the issue of visa removal for businessmen and other subjects who benefit from each country of the Pacific Alliance. Among other issues, it is possible to establish a scheme for cooperation and exchange of information on migratory flows in order to detect problems associated with border security in time.
Trade and integration including trade facilitation and customs cooperation.
This group consists of five subgroups:
-- Health measures: The goal is to advance health eligibility processes, cooperation mechanisms, transparency and good practices, in order to avoid unnecessary obstacles to trade.
-- Trade facilitation and customs cooperation: Countries agreed on the roadmap for paperless trade issues, one-stop shop, authorized economic operator and advance resolutions. In customs cooperation, the Inter-American Development Bank (IDB) will work for an analysis of the existing cooperation and mutual assistance agreements with a view to identifying the issues to be worked on.
-- Technical standards: The aim is to prevent unjustified barriers to trade from being imposed, arguing for technical regulatory reasons.
-- Tariff disgravitation: The goal is to advance the accumulation of origin between the parties. It should be noted that at present, the level of depth in the area of goods is high, to the extent that much of the trade in goods is already liberalised, except for certain exceptions.
Services and capital, including the ability to integrate stock exchanges.
The objective is to position the Pacific Alliance as an attractive destination for investment and trade in services and to increase investment flows and trade in services between the countries of the Alliance and between them with the rest of the world.
Cooperation.
Large subject areas have been identified to be discussed:
-- Pymes.
-- Climate change.
-- Academic mobility.
-- Competitiveness.
-- Tourism.
2.3 The Pacific Alliance in the context of the region
Other similar initiatives are underway in the region both within the framework of the ALADI, and within the Latin American Pacific Arc Forum (ARCO)[1], which aim to create convergence spaces for the network of agreements. Commercial that exist in the region. While these initiatives do not point to the degree of depth of the Pacific Alliance, they are not incompatible with it either.
The Pacific Alliance initiative has similar objectives to the ARCO Forum: to integrate the Latin American countries of the Pacific Rim and to strengthen their ties with those of the Asia Pacific. To achieve this, ARCO has been working on the issues of trade convergence and integration; facilitation of trade and logistics; promotion and protection of investments and cooperation for competitiveness.
However, the progress of ARCO has been limited, particularly in terms of convergence and trade integration, due to differences over the objectives and mechanisms to achieve this. Chile, Peru, Colombia and Mexico would make up the Pacific Alliance, the most homogeneous group and the one that would probably be better able to advance this initiative.
In the framework of the ALADI, member countries have made progress in the formation of free trade areas and in the conclusion of a series of bilateral or regional agreements that have deepened the integration of goods, services and investment. Currently, progress is being made towards the creation of the so-called "Free Trade Area". However, this initiative does not reach the level of depth set by the member countries of the Pacific Alliance.
The achievements achieved through these integration processes constitute a capital obtained, whose defense and improvement become a central element from which to build eventual broader processes, at the hemispheric level and
3. Importance for Colombia of belonging to the Pacific Alliance
In the last decade, Colombia has successfully implemented an insertion strategy in the global economy, with the aim of maximizing the benefits of stable and long-term preferential access to the supply of goods and services. attract more investments, achieve a correct use of productive factors and incorporate new technologies into the national productive apparatus.[2] One of the fundamental pillars of this strategy is to advance integration Latin America, with a view to its integration into the global market, particularly with the countries which make up the Asia Pacific as a medium-term challenge.
aware of the importance that this challenge represents, Colombia has consistently committed to a process of deep regional integration on the basis of clear, stable and predictable rules governing relations between countries. which make up the Pacific Alliance.
The Framework Agreement that is submitted to its consideration is nothing more than an instrument in the process of internationalization of Colombia's political and economic relations, adjusted to the applicable constitutional mandates. In this regard, the Framework Agreement formalizes Colombia's commitment to regional integration and the promotion of trade relations in the Asia-Pacific region.
3.1 Policy and strategic importance
from the political and strategic point of view, the Framework Agreement plays an important role in cohesion among the countries that make up the Pacific Alliance; its entry into force will make it possible to take advantage of the opportunities derived from this integration project. In addition, the Framework Agreement will make it possible to achieve concrete results, which will facilitate, in the short term, the joint action of projection towards the Asia-Pacific region, a strategic and priority area of the relationship.
Colombia's externalThe results in trade, of joint and coordinated action in the promotion of our exports and the attraction of investments, the cooperation initiated for the research in climate change, the student mobility and the movement of people, among other topics that integrate the catalogue of topics to be deepened, indicate that this is a comprehensive Alliance.
It should be emphasized that in the consolidation of this block the population that forms the base and the objective of this Alliance must be taken into consideration, and in the light of it, greater commitments, faster and new results have been identified. To this end, the Pacific Alliance seeks to address the challenges that persist for the interaction of this population with the world: connectivity, the use of information technologies, the electrical interconnection, the protection of environmental.
In the same way, our business sectors have reacted with expectation to this project, but without fear, with the interest of strengthening exchange and investment networks.
3.2 Economic and commercial importance
The weight of the four countries that make up the Pacific Alliance (Colombia, Chile, Mexico, and Peru) is significant and its improvement sends an important signal for Latin America in terms of the conviction that regional integration and the opening of markets is the right way to ensure higher investment volumes, increased trade exchange and sustained and vigorous economic growth.
The four countries that make up the bloc (Colombia, Chile, Mexico and Peru) account for about 206 million inhabitants (equivalent to the population of Brazil) and generate a gross domestic product (GDP) of USD 1.9 billion, equivalent to 34% of the Total Latin America, with a GDP per inhabitant close to USD 13 thousand.
In terms of unemployment and inflation, the average for 2011 of the four countries was 7.7% and 4.2%, respectively. The rate of GDP growth in the four countries was 5.8%. This reflects not only its macroeconomic stability but also the annual capacity and expansion of the market.
Colombia, Chile, Mexico and Peru generated in 2011 half of the region's foreign trade: USD 534 billion in exports and USD 518 billion in imports and are recipients of about USD 48 billion in FDI.
These four countries are also the largest economies of the Latin American Pacific Arc, accounting for about 88% of the total GDP of the 11 economies. In the last 5 years, the Pacific Alliance received 89% of the investment that reached the 11 countries of the Arc.
However, the participation of the countries that make up the Pacific Alliance bloc in global investment flows remains low, in 2010, the Pacific Alliance received 4% of the world's investment.
The projections indicate that the member countries of the Pacific Alliance will continue with 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 products in Mexico and Chile, in particular Chilean exports to Asian countries. which reached 50% of the total of its exports in 2011[3].
3.3 Status of relationships between Pacific Alliance Member States
3.3.1 Status of bilateral relationship with Mexico
Exports
in 2011, Colombian exports to Mexico registered an 11 percent increase, from USD 638 million to USD 705 million. In the January-April 2012 period, exports reached USD 257 million, growing 12% over the same period of the previous year.
Imports
In 2011, Colombian imports from Mexico increased by 58%, from USD 3.694 million to USD 5.849 million. In the January-April 2012 period, imports reached USD 2,031 million, growing 27% over the same period of the previous year.
Business Balance
In the last four years, the trade balance has shown a negative trend, being deficit for Colombia. A deficit of USD 5.144 billion was presented in 2011. In the period January-April 2012, the trade balance is negative for Colombia at USD 1,774 million, with USD 1,366 being in the same period of the previous year.
Foreign Direct Investment (FDI)
In 2011, the flow of FDI from Mexico in Colombia was USD 80 million. Between 2003 and 2008 FDI grew significantly from USD 19 million to USD 412 million.
The accumulated FDI of Mexico in Colombia between the years 1994 and 2008 reaches USD 2,051 million. For 2011, it registered a cumulative USD 861 million. As for the sectors that received the most FDI during the last six years, real estate (53%) and transport (41%) are highlighted.
The important value of FDI that Colombia made in Mexico in 2011, which reached USD 1,620 million, is highlighted.
Tourism
In 2002, about 25,000 Mexican tourists entered our country, a figure that has grown steadily to the estimated 78 thousand in 2011.
Currently, tourists from Mexico represent 5% of the total number of tourists visiting Colombia.
On the other hand, Colombian tourists who have gone to Mexico have gone from 26 thousand to almost 102 thousand.
3.3.2 Status of bilateral relationship with Chile
Exports
in 2011, Colombian exports to Chile registered a growth of 103 percent, from USD 1.086 billion to USD 2.205 billion. In the January-April 2012 period, exports reached USD 796 million, growing 41% over the same period of the previous year.
Imports
In 2011, Colombian imports from Chile increased by 23% from USD 688 million to USD 847 million. In the January-April 2012 period, imports reached USD 291 million, growing 10% over the same period of the previous year.
Business Balance
In the last four years (2008-2011) the trade balance has been reversed, with which it is now a surplus for Colombia. In 2011 it reached USD 1.358 billion. In the January-April 2012 period, the trade balance is positive for Colombia at USD 505 million, with USD 299 million in the same period of the previous year.
Foreign Direct Investment (FDI)
Chile's FDI in Colombia during 2011 was USD 583 million, the highest in recent years. With this record the accumulated reaches USD 1,097 million.
For its part, Colombia also made the highest investment value in Chile in 2011, registering USD 1.369 billion, to reach a cumulative USD 1,758 million.
Tourism
In 2011, 56 thousand Chilean tourists entered Colombia. Currently, tourists from Chile represent about 3.5% of the total number of tourists visiting Colombia (1,582,118). For the same period, just over 53 thousand Colombians visited Chile.
3.3.3 Status of bilateral relationship with Peru
Exports
in 2011, Colombian exports to Peru registered a 23 percent growth, from USD 1.132 billion to USD 1.397 billion. In the January-April 2012 period, exports reached USD 514 million, growing by 12% over the same period of the previous year.
Imports
In 2011, Colombian imports from Peru increased by 31% from USD 755 million to USD 988 million. In the January-April 2012 period, imports reached USD 288 million, falling by 8% over the same period of the previous year.
Business Balance
In the last three years (2009-2011) the trade balance has presented a growing positive trend. A surplus of USD 370 million was presented in 2011.
In the January-April period of 2012, the trade balance is positive for Colombia at USD 226 million, with USD 146 million in the same period of the previous year.
Foreign Direct Investment (FDI)
Peru's FDI in Colombia during 2011 recorded USD 19 million, the highest in recent years, even 79% higher than the 2010 record when it reached USD 11 million. With this record, the accumulated reached USD 134 million.
For its part, Colombia also made the highest investment value in Peru in 2011, registering USD 794 million. This value is 159% higher than that recorded in 2010 (USD 307 million). The accumulated in 2011 reached USD 1,982 million.
Tourism
In 2011, about 77 thousand Peruvian tourists entered Colombia. Currently, tourists from Peru represent 5% of the total they visit Colombia (1,582,118). For the same period, 97 thousand Colombians visited Peru.
3.4 Pacific Alliance Perspectives
The following presents, for goods, services, investment and movement of people, the state of the integration situation in the region and some possible ways through which it could complement the level of integration already achieved.
3.4.1 Assets
The depth level of business relationships is high, to the extent that a good portion of the goods are already released or in the process of being released, with some exceptions.
Colombia does not grant free tariff access to Chile in 182 subheadings that represent 2.4 percent of the tariff universe and record about USD 3.1 billion of Colombia's imports from the world. These subheadings are subject to the price range mechanism and the variable tariff is applied to Chile. The fixed tariff is not applied.
It's mainly pork, poultry, dairy, rice, corn, oilseeds, sugar.
For its part, Chile does not grant free tariff access to Colombia in 41 subheadings subject to its price slots (1% of the tariff universe). It's about wheat and sugar.
Colombia does not grant free tariff access to Mexico in 361 subheadings that represent 4.8% of the tariff universe and record about USD 3.5 billion of Colombia's imports from the world. Some of these subheadings are subject to the excluded price range mechanism, or excluded but applies the (PAR), Regional Tariff Preference, and others are subject to quotas under the recent deepening of the Agreement.
It 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 tariff access in 413 subheadings subject to partial or exclusive access to the Agreement (3% of the tariff universe). These are mainly beef and pork, poultry, dairy, vegetables, coffee, cereals, rice, oilseeds, sugar, food preparations, cigarettes, cotton.
In fields other than tariff relief, and which complement effective market access beyond tariffs, progress could be made in:
-- Extended cumulation of origin among the countries of the initiative with a view to exporting to third countries, achieving greater integration among the productive sectors of the participating countries, generating productive chains by sectors, in order to improve competitiveness on the basis of better supply conditions. For this purpose, the conditions for qualification, certification and verification of origin must be defined.
-- Facilitation of trade and customs administration that allow the agile dispatch of goods, exchange of information, cooperation between customs, customs automation, etc.
-- Prevent health measures and technical standards from becoming unjustified barriers to bilateral trade. For the purpose, it is desirable to develop principles of transparency and equivalence, among others.
3.4.2 Services and investments
Investment flows and trade in services are determining factors in the consolidation of the deep integration pursued by the Pacific Alliance.
Facilitating and promoting trade in services between the Pacific Alliance countries is a significant step towards achieving joint exploitation in the global service trade market. This sector is the one with the highest levels of growth at the global level, being a job generator par excellence for our economies.
In this way, the Services and Capital Working Group has made progress in several initiatives focused on facilitating and promoting investment and the provision of services in the region.
The advances in investment and services are evident in the following aspects:
-- Culmination of the negotiation of an e-commerce chapter. This text reflects the interest of the countries of the Alliance in strengthening, facilitating and promoting the use of this type of trade, justified by the visible opportunities generated by the increase in the use of information technologies for 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 consumer confidence in electronic commerce to promote their usage.
-- Signature of the Memorandum of Understanding (MoU) for which the Joint Joint Committee on Services and Investment is formed, which aims to improve the investment climate and the trade in services, through information exchange, promotion and cooperation on related issues and the identification and elimination of barriers to investment and trade in services in the countries of the Pacific Alliance.
-- With the support of the international organizations interested in supporting this integration process, studies will be conducted corresponding to the lifting of obstacles in the trade of professional services, value chains added in services and obstacles in the field of investment.
-- Additionally, consideration is given to the possibility of updating existing international investment agreements between the countries of the Alliance with commitments that include state of the art clauses.
-- Another aspect to be highlighted is the invitation to deepen the commitments on professional services, exploring the realization of agreements for mutual recognition of professional licenses.
3.4.3 Movement of people
Measures are foreseen to facilitate the movement of business visitors and other migratory qualities such as professionals, technicians, traders and investors, including visa suppression, migration facilitation and project implementation. to speed up migration flows at airports.
Additional progress in this area could be given in:
-- The displacement of people without a passport, which exists with Peru as a commitment to the CAN, could be evaluated with the rest of the 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 consular facilitation strategies.
4. Treaty features
The Framework Agreement is a treaty establishing an international organization called the 'Pacific Alliance'; it defines its objectives and the actions to be taken to achieve these objectives, establishes its governing bodies and the nature of the instruments that are adopted within it, allows for the possibility of the observer states, regulates the accession of new States, provides for how the controversies between its Member States will be resolved, regulates the way in which may be amended and set rules about its entry into effect and duration.
Likewise, it establishes its members as essential requirements for the participation in it, the validity of the rule of law, democracy and constitutional order, the separation of the powers of the State 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:
-- To build, in a participatory and consensual way, an area of deep integration to move progressively towards the free movement of goods, services, capital and people.
-- To promote greater growth, development and competitiveness of the economies of the Parties, with a view to achieving greater welfare, overcoming socio-economic inequality and the social inclusion of its inhabitants, and
-- Becoming a platform of political articulation, economic and trade integration, and projection to the world, with special emphasis on the Asia Pacific.
The Alliance has a comprehensive agenda, determined by the results already achieved in the field of trade, of joint and coordinated action between the export promotion agencies and the attraction of investments, cooperation for the research on climate change, student mobility and the movement of people.
-- The Framework Agreement sets out the following actions by which, among others, the Alliance will seek to achieve its objectives:
-- Liberalize the commercial exchange of goods and services, with a view to consolidating a free trade zone between the Parties.
-- Moving towards the free movement of capital and the promotion of investments between the Parties.
-- Develop trade facilitation and customs issues.
-- Promote cooperation between migratory and consular authorities and facilitate the movement of persons and migratory transit on the territory of the Parties.
-- Coordinate the prevention and containment of transnational organized crime to strengthen the public security and justice authorities of the Parties, and
-- Contribute to the integration of the Parties through the development of cooperation mechanisms and to promote the Pacific Cooperation Platform.
Equally, it is important to highlight the institutionality of the Pacific Alliance provided for in the Agreement through:
-- The establishment of the Council of Ministers as the main body, consisting of the Foreign Ministers and the Ministers responsible for Foreign Trade, with the task of adopting the decisions that develop the objectives and specific actions provided for in the Framework Agreement, as well as in the presidential declarations of the Pacific Alliance.
-- The figure of the Pro Tempore Presidency of the Pacific Alliance, which will be held successively by each of the Parties, in alphabetical order, for annual periods initiated in January.
-- The definition of the accession criteria, by the States that so request and that have a free trade agreement with each of the Parties.
-- The incorporation of the possibility of participation as the Observer State of the Pacific Alliance and the requirements for it.
The Framework Agreement is clear to establish that this integration process will be based on the existing economic, trade and integration agreements between the Parties at bilateral, regional and multilateral levels. In this respect, the Framework Agreement guarantees the permanence and continuity of the existing integration processes, the advancement and deepening of the new agreements reached in the development of the various international trade agreements. in effect.
The figure of the Observer States shows that the Pacific Alliance is an open integration process, which seeks among others, to encourage the integration of the entire Latin American Pacific. Panama and Costa Rica accompanied 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 validity 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. In the same way, in the Joint Declaration of the Presidents of Colombia and Costa Rica of June 15, 2012, it was established as a commercial priority to initiate the process for the negotiation of a Free Trade Agreement between the two countries, with to achieve 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. He is currently negotiating a free trade agreement with Colombia.
Even when no discussions have been initiated on the "external" component of the Alliance, countries in the Asia-Pacific region have expressed their interest in the initiative, in which Colombia is seen as a potential interlocutor for this process and It may be convenient to lead the approaches. The Association of Southeast Asian Nations (ASEAN) has raised the possibility of establishing mechanisms for bi-regional dialogue. In this respect, the Framework Agreement sets out the parameters for the incorporation of other countries in the region. The progress made so far is important, which already countries in the hemisphere and other extraregional countries have shown their interest in a relationship with the Alliance.
During the 4th Presidential Summit of the Pacific Alliance, Costa Rica and Panama participated as observers; Canada as a special guest and with representatives from Australia and Japan.
5. Compliance with substantive constitutional requirements during the negotiation and subscription of the Pacific Alliance Framework Agreement
The negotiation of the Framework Agreement of the Pacific Alliance and its subsequent subscription were developed in accordance with the principles enshrined in the Political Constitution. It is from this perspective that the main constitutional principles on which the negotiation and subsequent subscription of the Agreement were founded are analyzed.
5.1 Constitutional Powers of the Executive and the Legislative Branch in International Trade Negotiations
The celebration of international trade agreements is a complex act that requires the active participation of all three branches of public power. In a first instance, the number 2 of the article 189 assigns to the Executive in the head of the President of the Republic the direction of the international relations and the faculty to celebrate treaties or agreements with other States and entities of international law, which shall be subject to the approval of the Congress[4]. In addition, the number 25 of article 189 empowers the President of the Republic to modify the tariffs, tariffs and other provisions concerning the customs regime and to regulate the external trade.
In a second instance, the article 150 assigns to the Congress of the Republic the function of approving or improving the agreements that the Executive has concluded, as well as the issuance of the general rules on the basis of which the National Government must regulate foreign trade[5]. Finally, the Political Constitution also has the active participation of the Judicial Branch of Public Power. Article 241 of the Political Constitution states that the Constitutional Court has to decide definitively on the exequability of the international and international treaties. the laws that approve them.
The analysis of the constitutional text shows that in terms of negotiation and the conclusion of international treaties, the functions of the Executive, Legislative and Judicial Branch are clearly defined in the Political Constitution. This is how the President directs international relations and celebrates international treaties; Congress approves or improves them by issuing approved laws; and the Constitutional Court exercises the prior control of constitutionality. both of the approval law of the Agreement and of the international instrument.
the case of the Framework Agreement of the Pacific Alliance, in the development of the constitutional powers of the Executive Branch, the negotiations were conducted and conducted by the National Government. Likewise, in compliance with the Political Constitution, the Framework Agreement was signed by the President of the Republic. Finally, in consideration of the constitutional function of the Congress, the Executive submits to the consideration of the Congress of the Republic the present bill of approval for the approval of the Framework Agreement of the Alliance of the Pacific.
For the above considerations, the negotiation and subsequent subscription of the Framework Agreement of the Pacific Alliance is in line with the provisions of the Political Constitution for the processing of international treaties or conventions.
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, economic and ecological relations and the economic, social and political integration of Colombia with other nations.
Article 226 of the Political Constitution establishes in the head of the State the duty to promote economic, social and ecological relations. Likewise, Article 227 of the Political Constitution establishes in the head of the State the duty to promote economic, social and political integration and, in particular, integration with the countries from 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 equity, reciprocity and national convenience 'while the 227 authorizes' economic, social and political integration with the other nations ' "[6
Later in the C-155 2007 Statement[7] the Court ordered the following:
" The Political Constitution of 1991 was not alien to the integration of the Colombian State into the international order. Thus, the Preamble and articles 9or and 227 point out that economic, social and political integration with the other States will be promoted, (...)
In the same sense, article 226 ibidem states that the State will promote the internationalization of political, economic, social and ecological relations. (...) ".
The previous jurisprudential references make it possible to conclude that the Political Constitution commits the State in promoting the internationalization of political and economic relations, as well as in the promotion of integration processes in the political, economic and social fields. In addition, the Political Constitution recognizes that in the process of internationalization and integration of the economy with other nations it is of vital importance that the State can direct its international relations. In this context, international treaties and conventions are an ideal instrument for the implementation of these commitments.
The Framework Agreement of the Pacific Alliance aims to consolidate an area of regional political and economic integration, as defined in the wording of Articles 1or href="ley_1628_2013.html#2"> 2or the Agreement. Thus, by promoting political and economic integration among the members of the Pacific Alliance, the Framework Agreement is an ideal instrument for the achievement of the constitutional mandates of internationalisation and integration of the Colombian economy.
Additionally, it is important to note that the Member States of the Pacific Alliance are Latin American States, so the Framework Agreement is a manifestation of the state's constitutional commitment to promote economic integration and policy with Latin American countries.
In this order of ideas, the Framework Agreement is an express manifestation of the constitutional mandates that govern political, economic and social relations with other nations, in particular with Latin American nations.
5.3 The Pacific Alliance Agreement is an express manifestation of national sovereignty
Article 9or the Political Constitution states that the state's foreign relations must be based on national sovereignty. The Constitutional Court in Judgment C-1189 of 2000 (M. P. Carlos Gaviria Díaz) defines "sovereignty" as independence, the latter understood as the power to exercise, within a territory and its inhabitants, the functions of the State.
In Judgment C-621 of 2001, the Constitutional Court specified that in exercising its sovereign power, States can freely accept reciprocal obligations at the international level. In the words of the Constitutional Court:
" Thus understood, sovereignty in legal sense confers rights and obligations for states, who enjoy autonomy and independence for the regulation of their internal affairs, and can accept freely, without impositions foreign, in their status as equal subjects of the international community, mutual obligations aimed at peaceful coexistence and the strengthening of relations of cooperation and mutual assistance "[8].
El Comercio] At the same time, the Constitutional Court was even more explicit in stating that the international agreements that the state celebrates are a manifestation of its sovereignty. In this understanding, the international commitments under these agreements constitute an "act of sovereignty":
In the modern and contemporary world, the international legal balance is part of the assumption that the internal orders of the States are not absolute, since there is a general interest in each of them, there is also an international general interest, founded on the universal common good. It is this interest that seeks to be carried out through the pacts or that are held under the exercise of sovereignty, as an attribute of each of the States: the international commitment is thus an act of sovereignty of the State that is linked, that is, is the expression of the independent will of each State that intends to commit itself as legal entity in the international plane
The ability to exercise sovereignty manifests itself precisely in the ability to engage, and, obviously, to respond to it. In other words, the international pact is, as has been said, a manifestation of the sovereignty of the state, an exercise of sovereignty that brings international responsibility as a consequence. If there is responsibility on the plane of man on the basis of freedom, on the international level there is responsibility for the exercise of sovereignty, because the State that commits itself has exercised its self-determination. (...) "[9]. (Emphasis outside text).
In view of the above, the Framework Agreement of the Pacific Alliance is an express manifestation of national sovereignty, under which Peru, Chile, Colombia and Mexico commit themselves, on a voluntary and free basis, to fulfilling their obligations. (a) the mutual recognition of the In addition, in the present case, it should be noted that the Framework Agreement does not contain any kind of obligation involving the transfer of sovereignty to a supra-state body on macroeconomic, sectoral or much less social. In this understanding, the Framework Agreement of the Pacific Alliance preserves the broad powers of the Colombian State to direct and intervene in economic, political and social matters, in the exercise of its sovereign power.
For the above considerations, the Framework Agreement is based on national sovereignty in compliance with Article 9or the Political Constitution.
CONCLUSIONS
The Pacific Alliance is a project of integration between four Latin American countries, Colombia, Mexico, Chile and Peru, with a view to building an area of deep integration for the circulation of goods, services, capital and people, and to become a political, economic and commercial platform and projection to the world, with special emphasis on the Asia Pacific.
The Framework Agreement presented for consideration by the honorable Congress and allows the birth of an instrument of trade integration linking Latin American countries, which must be seen essentially as a historic opportunity. to foster the decentralized development of our countries through the generation of regional economies in the areas of influence of integration and development axes.
The Framework Agreement which is the subject of this draft Treaty approving the Treaty is necessary to give full application to the parameters, institutional architecture and rules that will govern the process of political, economic and cooperation articulation. between Chile, Colombia, Mexico and Peru within the framework of the Pacific Alliance.
The Alliance in no way replaces but complements and drives these other initiatives that point to the creation of integration spaces. This is an open process for the participation of those countries in the region who share the will to achieve the goals.
With all the trade, investment and integration negotiations with other economies in which Colombia is moving forward, we are looking to increase its commercial presence in the world, so that the economic development through the business and the investment can be used to boost employment.
The weight of the four countries that make up the Pacific Alliance (Colombia, Chile, Mexico, and Peru) is significant and its improvement sends an important signal for Latin America. Undoubtedly, this new bloc represents an enormous advance in the economic integration of Latin America, and it is the opportunity to realize the commercial potential of these economies.
To the extent that 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 efforts in the search for the Asia Pacific.
While it is true that in the field of trade in goods, integration is quite advanced, we must continue to deepen the existing agreements and relationships in services and investment between countries. In addition, the four countries should work on maximizing the benefits of foreign investment and international trade in services in the region for better economic growth and development.
In this context, the National Government through the Minister of Foreign Affairs and the Minister of Commerce, Industry and Tourism, requests the honorable Congress of the Republic, to approve the "Agreement of the Alliance of Pacific " between the United Mexican States, 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 Foreign Minister,
Maria Angela Holguin Cuellar.
The Minister of Commerce, Industry and Tourism,
Sergio Diaz-Granados Guida.
The undersigned Coordinator of the Internal Working Group of Treaties (E.) 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 original text of the "Agreement of the Pacific Alliance" in Panama, Antofagasta, Republic of Chile, on June 6, two thousand twelve, document that is based on the files of the Internal Working Group of the Treaties of the Directorate of International Legal Affairs of this Ministry.
Dada in Bogotá, D. C., on September 13, 2012.
The Coordinator of the Internal Working Group on Treaties (e), Directorate of International Legal Affairs,
LUCIA SOLANO RAMIREZ.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 19, 2012
Authorized. Submit to consideration by the honorable Congress of the Republic for the constitutional effects.
(Fdo.) JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
(Fdo.) Maria Angela Holguin Cuellar.
DECRETA.
Article 1o. 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 7ª of 1944, the "Framework Agreement of the Pacific Alliance", signed in Paranal, Antofagasta, Republic of Chile, on June 6, 2012, as provided for in Article 1 of this Law the law is approved, it will force the Republic of Colombia 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 ...
Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of Commerce, Industry and Tourism.
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of Commerce, Industry and Tourism,
SERGIO DÍAZ-GRANADOS GUIDA.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 19, 2012
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
(Fdo.) Maria Angela Holguin Cuellar.
DECRETA.
Article 1o. 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 June 6 2012.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª 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, which is approved by article 1 of this law, will force the Republic of Colombia 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,
ROY MONTEALEGRE BARRIERS.
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 of the honorable House of Representatives,
JORGE HUMBERTO MANTILLA SERRANO.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute after review of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada en Santiago de Cali, 22 May 2013.
JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of Commerce, Industry and Tourism,
SERGIO DÍAZ-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. Transverse Supports of Democratic Prosperity. International relevance. Productive insertion into international markets, p. 509.
3. Latin American Studies Center (CESLA); Latin American Economy: Reports of Trends from Colombia, Chile, Mexico and Peru to May-June 2012.
4. Article 189. Numeral 2. Direct international relations; number 25: Appoint diplomatic and consular agents, receive the respective agents and hold with other States and entities international law Agreements or conventions to be submitted to the approval of the Congress.
5. Article 150, numerals 16 and 19 literal b) in addition to the above, and in relation to the congressional competence in this subject, article 217 of Law 5th of 1992 or Organic Law of the Congress, establishes that the legislature can approve, prove to ask for reservations or to postpone the entry into force of the Agreement.
6. C-309 statement of 2007 (M. P. Marco Gerardo Monroy Cabra).
7. C-155 statement from 2007 (M. P. Alvaro Tafur Galvis).
8. Constitutional Court. Statement C-621 of 2001. M. P. Manuel José Cepeda.
9. Constitutional Court. C-276 statement from 1993. M. P. Doctor Vladimiro Naranjo Mesa.
