Act 1664 2013

Original Language Title: LEY 1664 de 2013

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ACT 1664 2013
(July 16)
Official Gazette No. 48853 of July 16, 2013 CONGRESS OF THE REPUBLIC

Through which the "Agreement between the Government of the approved Republic of Colombia and the Government of the Federative Republic of Brazil on Residence Permit, Work Study for National Border Brazilian and Colombian border towns between Related Party ", signed in Brasilia on September 1, 2010. Effective Decisions
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THE CONGRESS OF THE REPUBLIC
having regard to the text of the "Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Residence Permit, Study and Work for Brazilian and Colombian National Border between Related Party Locations Border ", signed in Brasilia on September 1, 2010.
(to be transliterated: true and complete copy in Castilian aforementioned international instrument, taken from the original text lies in the Archives of the address is attached International Legal Affairs of the Ministry of Foreign Affairs, which consists of six (6) pages).
DRAFT LAW NUMBER 33 OF 2012
through which the "Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Residence Permit, Study and Work for approving Brazilian and Colombian national Border between related border towns ", signed in Brasilia on September 1, 2010.
the Congress
having regard to the text of the" Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Residence Permit, Work Study for National Border Brazilian and Colombian border towns between Related Party ", signed in Brasilia on September 1, 2010.
(To be transliterated: true and complete copy in Castilian international instrument aforementioned, taken from the original text lies in the Archives of the Department of International Legal Affairs, Ministry of Foreign Affairs, which consists of six (6) pages is attached) .
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL ON RESIDENCY PERMIT, STUDY AND WORK FOR NATIONAL AND COLOMBIAN BORDER BETWEEN BRAZILIAN BORDER TOWNS RELATED.
The Government of the Republic of Colombia and
The Government of the Federative Republic of Brazil (hereinafter referred to as the Parties)
Considering the historic ties of fraternal friendship between the two nations;
Recognizing that the borders that bind the two countries are elements of integration between their peoples;
Reaffirming the desire to agree on common solutions with a view to strengthening the integration process between the Parties;
Stressing the importance of considering such solutions on legal instruments for cooperation in areas of common interest, such as the movement of people and migration control;
They resolve to conclude this Agreement, as follows: ARTICLE I.
residence permit, study and work.
1. Nationals of each of the Parties, residents in border towns Related Party listed in Annex Related-border localities, may be granted permission for:
a) Residence in Border Town Linked located in the territory of the other Party ;
B) Free exercise of work, trade or profession in accordance with the laws applicable to nationals of the Party where it is developed the activity, including as regards the training requirements for professional practice, enjoying equal labor and social protection rights; fulfilling the same job duties, social and tax arising from them security;
C) Assistance to local public or private education.
2. The rights in this article extend to retirees.

ARTICLE II. SPECIAL PAPER BORDER.
1. Individuals dealt with in Article I of this Agreement, may be awarded a Special Document Border.
2. The Special Document Fronterizo may be awarded two (2) years renewable for equal periods.
3. Possession of the Special Document Fronterizo does not exempt the use of national identity documents, established in other existing agreements between the two parties, and the use or issuance of visas proving another immigration status.

ARTICLE III. EXPEDITION.
1. Each Party shall indicate the competent authority for the issue of border Special Document and notify the other Party by diplomatic note.

2. Special Border in Document consist quality of border residents and the locality in which the holder is authorized to carry out the activities provided for in this Agreement.
3. The Special Document Fronterizo residence permits exclusively within the territorial limits of the Town Border Linked accordance with the provisions of paragraph a) of paragraph 1 of Article I of this Agreement.
4. For the issue of Special Document Fronterizo the following requirements shall be met:
a) passport or other valid ID supported by the Parties in other existing agreements;
B) Proof of residence in one of the locations contained in the Annex to this Agreement;
C) Certificate of criminal records issued by the competent authority of the place of residence in the last five (5) years;
D) Two size 3 x 4 and recent color photographs;
E) Proof of payment of the value of the special document border, whose value and update will be reported by each Party by diplomatic note, and other specific rates.
5. By administrative agreement between the competent authorities determined by the Parties and communicated through diplomatic channels, it may be specified or modify the list of documents set out in paragraph 4 of Article III.
6. In the case of minors, the request of the Special Document Fronterizo be formalized by representation or assistance, in accordance with the rules governing the matter in each of the Parties, with the full requirements of paragraph 4 Article III, except the certificate of no criminal record of paragraph 4, letter c).
7. No person may benefit from this Agreement who have suffered criminal conviction or were subjected to criminal proceedings Parties or abroad, and who had not fully complied with the criminal conviction.
8. It empowers the bodies responsible granting the status of border to the individual who has fully served the sentence imposed on either Party.
9. For the granting of the Special Document Fronterizo documents written in Spanish or Portuguese they will also be accepted by both Parties.

ARTICLE IV. CANCELLATION.
1. The Special Document Border will be canceled at any time that happens any of the following circumstances:
a) Loss of nationality of a Party;
B) fraud or use of false documents for granted;
C) Obtaining other immigration status; or
d) perform the activities under this Agreement, outside the territorial limits set out in Annex.
2. Cancellation entails the withdrawal of the Special Document Fronterizo by the issuing authority.
3. The Parties may establish other causes cancellation of the Special Document Border, through an exchange of diplomatic notes.
ARTICLE V. OTHER AGREEMENTS.
1. This Agreement does not alter any rights or obligations established by other agreements and treaties in force.
2. This Agreement is no obstacle to the application, the Related Border Localities covering, other treaties and agreements.
3. This Agreement shall not apply to those places that are not expressly set out in its Annex to Related border towns, under the provisions of paragraph 1 of Article VI.

ARTICLE VI. ANNEX LINKED border towns.
1. The list of Related border towns and the respective links for the implementation of this Agreement is contained in the Annex, it may be extended or reduced through exchange of letters between the Parties, with antecedence of ninety (90) days.
2. The extension of the list set out in Annex depend on the agreement on the matter made by the Parties. The extension may see all or part of the rights contained in Article 3 I.
. The Parties may at any time in its discretion suspend or terminate the application of this Agreement at any of the border towns Linked in Annex, by diplomatic note with at least thirty (30) days. Cancellation or suspension also includes any of the paragraphs of Article I of this Agreement.
4. Suspension or termination does not affect the validity of the Border Special documents already issued and the exercise of the originating activities or granted permissions.

ARTICLE VII. VALIDITY.
This Agreement shall enter into force thirty (30) days from the date of receipt of the second diplomatic note by which the Parties compliance with internal requirements are reported for entry into force.

ARTICLE VIII. COMPLAINT.
This Agreement may be terminated by either Party, by written communication, through diplomatic channels, with a minimum of ninety (90) days.
ARTICLE IX. DISPUTE.
Any disputes concerning the interpretation and application of this Agreement shall be settled through diplomatic channels.
Done in Brasilia on September 1, 2010, in two original copies in the Spanish and Portuguese languages, both texts being equally authentic.
For the Government of the Republic of Colombia, Maria Angela Holguin
,
Minister of Foreign Affairs.
For the Government of the Federative Republic of Brazil, Celso Amorim
,
Minister of Foreign Affairs. ANNEX

LOCALITIES LINKED ratio Linking Border Locations
1. Leticia (Colombia) to Tabatinga (Brazil)
THE PACT COORDINATOR WORKING GROUP INTERNAL TREATY OF THE DIRECTION OF INTERNATIONAL LEGAL AFFAIRS MINISTRY OF FOREIGN AFFAIRS TO CERTIFY
:
That text reproduction above it is true and complete copy of the "Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on residence permit, Work Study for National Border Brazilian and Colombian between related border towns" signed in Brasilia on 1 September 2010.
Given in Bogotá, DC, twelve (15) days of March, two thousand twelve (2012).
The Internal Working Group Coordinator Treaty. Directorate of International Legal Affairs, Alejandra Valencia
Gartner. EXPLANATORY STATEMENT

Honorable Senators and Representatives:
On behalf of the Government, and in accordance with Articles 150, paragraph 16, 189 paragraph 2 and 224 of the Constitution of Colombia, presented for consideration by the honorable Congress, the bill through which the "Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Residence Permit, Work Study for National Border Brazilian is approved and Colombian border towns between Related Party ", signed in Brasilia on September 1, 2010.
As a priority of its foreign policy, Colombia supports initiatives which foster greater political, economic and social integration, especially with the states of Latin America and the Caribbean.
Under this guidance, the country has implemented various mechanisms to strengthen neighborly relations, considering the political, social and economic importance of the countries with which they share borders and demand coordinated actions of internal and the binational agreement.
As a special mechanism, neighborhood committees have opened a space for participation and intersectoral have allowed the strengthening of bilateral relations in the social, commercial, development, cultural, transport infrastructure and energy, among others.
In consideration of the foregoing, Colombia and Brazil have been working within the framework of the Neighborhood and Integration Commission on consular issues of great importance for the development of borders, as the agreement in question. This Commission was established by Decree No. 711 dated April 16, 1993, following the recommendations made by the Presidents in the Presidential Declaration of September 3, 1991 in Brazil, as appropriate means of promoting cooperation between the two nations and advise and propose actions to promote and increase the Colombian-Brazilian relations;
In the Neighborhood Commission have considered matters of great importance, namely cooperation projects and joint development, bilateral economic dynamics and border, transport and infrastructure, environment and development, and border issues related to physical integration and social development.
It should be noted that in the above statement, Colombia expressed the importance of prioritizing the search for viable ways to achieve the development of border regions with a view to achieving integration with its neighbors, through the use of the mechanism in which the definition and implementation of joint programs of short and medium term for enhancing the complementarity of economies and geographical proximity, to achieve greater international presence and a greater rapprochement between peoples is facilitated.

Accordingly, the Eleventh Plenary Meeting of the Neighborhood and Integration Commission Colombo-Brazilian of 19 September 2008, the importance of progress in the signing of the agreement in question, as a necessary tool to encourage recognized development of localities linked to the receipt of fellow countrymen who are interested in residence, study and work and lead to improve the quality of life in these locations.
The Parties also consider that close cooperation contributes to integration elements among their populations, promoting the solution of common problems with a view to strengthening integration and bilateral relations.
Now the international instrument provides that permission be recognized, subject to compliance with the requirements Colombians linked to the Brazilian national localities for:
a) residence in the linked sites;
B) Free exercise of work, trade or profession in accordance with the laws, they apply to nationals of the Party where it is developed the activity, including as regards the training requirements for professional practice, enjoying equal labor rights and social protection and fulfilling the same job duties, social and tax security emanating from it;
C) Assistance to local public or private education.
This Agreement is the result of a negotiation process that primarily emphasizes the interest of the National Government in its subscription in which delegates from various entities participated for projection.
The main elements included in the Agreement are summarized below:
- Preamble: Reference is made, in general terms, to strengthening integration processes between the two countries.
- Structure: 9 items that make assembling the same meaning of the Agreement are established so that Article I does relation to the residence permit, study and work, Article II to border special documents, Article III expedition, Article IV of the cancellation, Article V other agreements, Article VI of the Annex to related border towns, Article VII to the force, Article VIII of the complaint and Article IX to the dispute.
Article II sets out what will be the document that is generated once the application is approved to Brazilian Colombian national who meets the requirements set out in Article III, in which the documents required for issuing the document relate special Border, including the passport or other valid ID supported by the Parties in other existing agreements, proof of residence in any of the locations listed in Annex, the certificate of no criminal record issued by the competent authority is places of residence in the last five years, photographs and proof of payment of the amount referred to document whose value reported by each Party by diplomatic note and other specific rates.
Is likewise clearly established events that will lead to the cancellation of the special document border such as loss of nationality of a Party, fraud or use of false documents for granting, obtaining other status migration or exercise activities under this Agreement, the limits set out therein.
This basic structure of the Agreement referred to in Article VI of Annex related border towns, which in any case can be extended through exchange of diplomatic notes between the Parties and may cancel the implementation of the Agreement through diplomatic channels.
Finally, Articles VII to IX contain the corresponding final clauses to force, termination and dispute resolution, which states that the Agreement shall enter into force thirty days after receipt of the second diplomatic note by the Parties which compliance with internal requirements are communicated; to be notified by the same diplomatic channels the Agreement is terminated, and that disputes be settled by this means in matters of interpretation and implementation of the Agreement.
The Agreement that this time is submitted for consideration by the honorable Congress is a valuable instrument adopted by the Parties, within the framework of border integration processes.

It is for this reason that the Government has decided to submit this time to the legislative body for approval as part of the measures to be taken by the Colombian government to ensure the diversification of the bilateral agenda and strengthening relations with our neighbors, in this case with Brazil.
For these reasons, and as a result of constitutional rules implementing integration, particularly the Preamble and article 9, the National Government, through the Minister of Foreign Affairs and the Minister of Labour, ask the honorable Congress of the Republic approved the "Agreement between the Republic of Colombia and the Government of the Federative Republic of Brazil on Residence Permit, Work Study for National Border Brazilian and Colombian between related border towns", signed by the Ministers of Foreign Affairs on September 1, 2010.
of the honorable Senators and Representatives,
the Minister of Foreign Affairs Maria Angela Holguin Cuellar
.
The Labor Minister Rafael Pardo Rueda
. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, July 19, 2011
authorized. Submit to the consideration of the honorable Congress for constitutional purposes.
(Sgd.)
CALDERON JUAN MANUEL SANTOS Vice Minister of Multilateral Affairs, responsible for the functions of the Office of the Minister of Foreign Affairs,
(Sgd.) Patti Londoño Jaramillo.
DECREES: Article 1.
. To approve the "Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Residence Permit, Work Study for National Border Brazilian and Colombian between related border towns", signed in Brasilia on September 1 Article 2. 2010.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Residence Permit, Study and Work for Border Brazilian nationals and Colombians between related border towns ", signed in Brasilia on September 1, 2010, that article 1 of this law passed, will force the country from the date the international link regarding the same is perfected.
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 Labour.
The Minister of Foreign Affairs Maria Angela Holguin Cuellar
.
The Labor Minister Rafael Pardo Rueda
.

LAW 424 1998 (January 13)
why tracking the international agreements signed by Colombia is ordered.

The Congress of Colombia DECREES: Article 1.
. The National Government through the Foreign Ministry presented annually to the Second Committee on Foreign Affairs of the Senate and House, and within the first thirty calendar days after the legislative session that begins each July 20, a detailed report on how they are fulfilling and developing the existing international agreements signed by Colombia with other States. Article 2.
. Each branch of the National Government responsible for implementing international treaties within their competence and require reciprocity in them, will communicate the relevant information to the Ministry of Foreign Affairs and east to the Second Committees.
Article 3o. The full text of this law shall be annexed to each and every one of the international conventions that the Ministry of Foreign Affairs present to Congress.
Article 4o. This law governs from its promulgation.
The President of the honorable Senate,
Amylkar Acosta Medina.
The Secretary General of the honorable Senate, Pedro Pumarejo
Vega.
The President of the honorable House of Representatives, Carlos Ardila
Ballesteros.
The Secretary General of the honorable House of Representatives,
Diego Vivas Tafur.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota, DC, 13 January 1998.

Ernesto Samper Pizano Minister of Foreign Affairs, Emma Mejia Velez
Maria. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, July 19, 2011
authorized. Submit to the consideration of the honorable Congress for constitutional purposes.
(Sgd.) CALDERON JUAN MANUEL SANTOS

The Deputy Minister of Multilateral Affairs, responsible for the functions of the Office of the Minister of Foreign Affairs,
(Sgd.) Patti Londoño Jaramillo. DECREES
:

ARTICLE 1o. To approve the "Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Residence Permit, Work Study for National Border Brazilian and Colombian between related border towns", signed in Brasilia on September 1 2010
Article 2.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Residence Permit, Study and Work for Border Brazilian nationals and Colombians between related border towns ", signed in Brasilia on September 1, 2010, that article 1 of this law passed, will force the country from the date the international link regarding the same is perfected.

ARTICLE 3. 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, after review by the Constitutional Court, pursuant to Article 241-10 of the Constitution.
Given in Bogotá, DC, on July 16, 2013

CALDERON JUAN MANUEL SANTOS Minister of Foreign Affairs Maria Angela Holguin
CUÉLLAR.
The Minister of Labour,
RAFAEL PARDO RUEDA.

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