Key Benefits:
1664 OF 2013
(July 16)
Official Journal No. 48,853 of 16 July 2013
CONGRESS OF THE REPUBLIC
By means of which the "Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Residence, Study and Work for the Brazilian Border Nationals is approved" Colombians among the Border Localities Linked ", signed in Brasilia on September 1, 2010.
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, Study and Work Permit for Brazilian and Colombian Border Nationals between the Border Localities Linked ", signed in Brasilia on September 1, 2010.
(To be transcribed: A faithful and complete photocopy is attached in Spanish of the precious international instrument, taken from the original text that rests in the Archives of the Directorate of International Legal Affairs of the Ministry of Relations Exterior, which consists of six (6) folios).
BILL NUMBER 33 OF 2012
by means of which the "Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Residence, Study and Work for Nationals" is approved Brazilian and Colombian Borders between the Border Localities Linked ", signed in Brasilia on September 1, 2010.
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, Study and Work Permit for Brazilian and Colombian Border Nationals between the Border Localities Linked ", signed in Brasilia on September 1, 2010.
(To be transcribed: A faithful and complete photocopy is attached in Spanish of the precious international instrument, taken from the original text that rests in the Archives of the Directorate of International Legal Affairs of the Ministry of Relations Exterior, which consists of six (6) folios).
The Government of the Republic of Colombia and
The Government of the Federative Republic of Brazil (hereinafter referred to as the Parties)
Considering the historical bonds of friendship between the two nations;
Recognizing that the borders between the two countries constitute elements of integration among their populations;
reaffirming the desire to agree on common solutions to strengthen the process of integration between the Parties;
Highlighting the importance of considering such solutions in legal instruments of cooperation in areas of common interest, such as the movement of persons and migratory control;
Resolve to conclude this Agreement, according to the following terms:
ARTICLE I. RESIDENCE, STUDY, AND WORK PERMIT.
1. Nationals of each Party, resident in the Linked Border Locations listed in the Annex of Linked Border Locations, may be granted permission to:
(a) Residency in the Linked Border Town situated 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 the activity is carried out, including as regards training requirements for the professional exercise, enjoying equal employment and social protection rights and fulfilling the same social security and tax obligations as those conferred on them;
c) Assistance to public or private education establishments.
2. The rights set forth in this article extend to retirees and pensioners.
ARTICLE II. BORDER SPECIAL DOCUMENT.
1. Individuals who are dealing with Article I of this Agreement may be granted a Special Border Document.
2. The Border Special Document may be granted for two years (2) extendable for equal periods.
3. The possession of the Special Border Document does not exempt from the use of national identity documents, established in other agreements in force between the two Parties, as well as the use or issuance of visas that credit other immigration status.
1. Each Party shall indicate the competent authority for the issue of the Border Special Document and communicate it to the other Party by Diplomatic Note.
2. The Border Special Document shall include the quality of the border resident and the locality in which the holder shall be authorised to carry out the activities provided for in this Agreement.
3. The Border Special Document permits residence, exclusively within the territorial limits of the Linked Border Town, in accordance with the provisions of the Article 1 (a) of the href="ley_1664_2013.html#I"> I of this Agreement.
4. The following requirements shall be required for the issue of the Special Border Document:
a) Passport or other valid identity document admitted by the Parties to other existing agreements;
b) Proof of residence, in any of the localities listed in the Annex to this Agreement;
c) Certificate of judicial background, issued by the competent authority of the places of residence in the last five (5) years;
d) Two photographs size 3 x 4 in color and recent;
(e) Proof of payment of the value corresponding to the border special document, the value and update of which shall be reported by each Party by Diplomatic Note, and other specific fees.
5. By means of an administrative agreement between the competent authorities determined by the Parties and communicated through diplomatic channels, the list of documents set out in Article 4 (4) may be specified or amended. href="ley_1664_2013.html#III"> III.
6. In the case of minors, the application of the Special Border Document shall be formalised by means of representation or assistance, in accordance with the rules governing the matter in each of the Parties, with the full of the requirements of the Article III4, except the judicial history certificate of the number 4, literal c).
7. It will not be possible to benefit from this Agreement who would have suffered criminal conviction or be subject to criminal proceedings in the Parties or abroad, and who would not have fully complied with the criminal conviction imposed.
8. The responsible bodies are empowered to grant border status to the individual who has fully complied with the sentence imposed on either Party.
9. Documents drawn up in Spanish or Portuguese shall also be accepted by both Parties for the granting of the Special Border Document.
1. The Border Special Document shall be cancelled at any opportunity in any of the following circumstances:
a) Loss of nationality of one of the Parties;
b) Fraud or use of false documents for granting;
c) Getting another migration status; or
d) For exercising the activities provided for in this Agreement, outside the territorial limits set out in the Annex.
2. Cancellation leads to the withdrawal of the Special Border Document by the issuing authority.
3. The Parties may establish other causes of cancellation of the Special Border Document by means of exchange of Diplomatic Notes.
1. This Agreement does not alter rights or obligations established by other agreements and treaties in force.
2. This Agreement is not an obstacle to the application of other treaties and agreements in force in the related Border Localities.
3. This Agreement shall not apply to localities not expressly listed in their Annex to Linked Border Locations, as provided for in Article VI1).
ARTICLE VI. ANNEX OF RELATED BORDER LOCALITIES.
1. The list of Border Locations Linked and the respective links for the application of this Agreement is the one in the Annex, which may be extended or reduced by exchange of Notes between the Parties, with background Ninety (90) days.
2. The extension of the list set out in the Annex shall depend on the agreement of the Parties on the matter. The extension may cover all or part of the rights provided for in Article I.
3. The Parties may at any time and at their discretion suspend or cancel the application of this Agreement in any of the Border Locations Linked in the Annex, by means of a Diplomatic Note at an advance of thirty (30) days. The cancellation or suspension also includes any of the numerals of the article I of this Agreement.
4. The suspension or cancellation does not affect the validity of the Border Special Documents already issued, as well as the exercise of the activities originated or the permits granted.
This Agreement shall enter into force thirty (30) days from the date of receipt of the second Diplomatic Note by means of which the Parties notify each other of compliance with the internal requirements for entry into force.
This Agreement may be denounced by any of the Parties, by means of written communication, transmitted by diplomatic means, at a minimum notice of ninety (90) days.
ARTICLE IX. DISPUTE RESOLUTION
Any dispute relating to the interpretation and application of this Agreement shall be settled by diplomatic means.
Given in Brasilia, on September 1, 2010, in two original copies, in the Spanish and Portuguese languages, both texts being equally authentic.
By the Government of the Republic of Colombia,
Maria Angela Holguin,
Minister of Foreign Affairs.
By the Government of the Federative Republic of Brazil,
Celso Amorim,
Minister of Foreign Affairs.
LINKED LOCALITIES ANNEX
Border Localities Link Link
1. Leticia (Colombia) to Tabatinga (Brazil)
THE UNDERSIGNED COORDINATOR OF THE INTERNAL WORKING GROUP OF TREATIES OF THE INTERNATIONAL LEGAL AFFAIRS DIRECTORATE OF THE MINISTRY OF FOREIGN AFFAIRS,
CERTIFIES:
What, the reproduction of the text above is a faithful and complete copy of the " Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on the Permit of Residence, Study and Work for the Nationals Brazilian and Colombian Borders between the Border Locations Linked ", signed in Brasilia on September 1, 2010.
Dada in Bogotá, D. C., at twelve (15) days of the month of March of two thousand twelve (2012).
The Internal Working Group of Treaties. Directorate for International Legal Affairs,
Alejandra Valencia Gartner.
EXPLANATORY STATEMENT
Honorable Senators and Representatives:
On behalf of the National Government, and in compliance with articles 150 numeral 16, 189 numeral 2 and 224 of the Political Constitution of Colombia, we present to the honorable Congress of the Republic, the Bill by means of which the " Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Permit to Residency, Study and Work for the Brazilian and Colombian Border Nationals among the Border Localities Linked ", signed in Brasilia on September 1, 2010.
As a priority of its foreign policy, Colombia supports initiatives that promote greater political, economic and social integration, especially with the Latin American and Caribbean states.
Under this guidance, the country has implemented different mechanisms to strengthen the neighbourhood relations, considering the political, social and economic importance of the countries with which borders are shared and which demand the coordination of internal actions and binational concertation.
As a special mechanism, the Neighbourhood Committees have opened a space for cross-sector participation and have allowed the strengthening of bilateral relations in the social, commercial, development, cultural, and infrastructure fields. of transport and energy, among others.
In consideration of the above, Colombia and Brazil have been working within the framework of the Committee on Neighbourhood and Integration on consular issues of great importance for the development of borders, such as the Agreement that we are dealing with. This Commission was established by Decree number 711 of 16 April 1993, following the recommendations made by the Presidents in the Presidential Declaration of September 3, 1991 in Brazil, as a suitable means to promote the cooperation between the two nations and to advise and propose actions aimed at promoting and increasing the colombo-brasilenas;
The Neighbourhood Commission has considered matters of great relevance, namely: cooperation and joint development projects, bilateral and border economic dynamics, transport and infrastructure, environment and development, and issues (i) border controls related to physical integration and social development.
El Tiempo] It is important to point out that, in the precise declaration, Colombia expressed the importance of prioritizing the search for viable formulas to achieve the development of border regions with a view to achieving integration with its neighbors, the use of the mechanism to facilitate the definition and implementation of joint short and medium-term programmes to enhance the complementarity of the economies and the geographical vicinity, in order to achieve a greater presence international and closer relations between the peoples.
Consequently, at the 11th Plenary Meeting of the Colombo-Brazilian Neighbourhood and Integration Commission on 19 September 2008, the importance of advancing in the subscription of the Agreement, as a necessary instrument for the to encourage the development of localities linked to the reception of connationals who have an interest in residence, study and work, and to improve the quality of life in these localities.
The Parties also consider that close cooperation contributes to the creation of elements of integration among their populations, promoting the solution of common problems with a view to strengthening integration and relations. binational.
Now, the international instrument provides that the permit will be recognized, with the requirements of the Colombian nationals to Brazilian nationals of the related localities, to be met, to:
a) Residency in the related localities;
b) Free exercise of work, trade or profession in accordance with the laws, applicable to nationals of the Party where the activity is carried out, including as regards training requirements for the professional exercise, enjoying equal employment and social protection rights and fulfilling the same social security and social security obligations as they do;
c) Assistance to public or private education establishments.
This Agreement is the result of a negotiation process that mainly highlights the interest of the National Government in its subscription, in which delegates from various entities participated for its projection.
The main elements included in the Agreement are summarized below:
-- Preamble: Reference, in general terms, to strengthening integration processes between the two countries.
-- Structure: 9 articles are established that manage to congregate the very sense of the Agreement, so the article I relates to the residence, study and work permit, the Article II to the border special documents, the article III to the expedition, the article IV to the cancellation, the article V to other agreements, the article VI to the attached border localities attachment, article VII to the effective, article VIII to the complaint, and the article IX to the dispute resolution.
Article II states what the document that is generated once the Colombian national's request for Brazil meets the requirements set out in the article III, which relates the documents required for the issue of the Special Border Document, including the passport or other valid identity document admitted by the Parties to other documents Agreements in force, proof of residence in any of the localities listed in the Annex, the certificate of a judicial record issued by the competent authority of the places of residence in the last five years, photographs and proof of payment of the value corresponding to the document referred to, the value of which is reported by each Party Diplomatic and other specific fees.
The events that will result in the cancellation of the special border document such as the loss of nationality of one of the Parties, the fraud or the use of false documents for their granting, are also clearly established. to obtain another immigration status or to pursue activities provided for in this Agreement, outside the limits established therein.
This basic structure of the Agreement provides for in Article VI the Annex of related border localities, which in any case can be extended through the exchange of Diplomatic Notes between the Parties and may cancel the application of the Agreement by diplomatic means.
Finally, items VII to IX contain the corresponding final clauses for validity, denunciation, and dispute settlement, in which it is noted that the Agreement will enter In force thirty days after the receipt of the second diplomatic note by means of which the Parties communicate the fulfilment of the internal requirements; that the denunciation of the Agreement will be notified by the same diplomatic way, and that the disputes will be settled by that means in matters of interpretation and application of the Agreement.
The Agreement that this time is subject to the consideration of the honorable Congress of the Republic constitutes a valuable instrument adopted by the Parties, within the framework of the processes of border integration.
El Tiempo] It is for this reason that the National Government has decided to submit this opportunity to the legislative body for approval, as part of the measures that the Colombian State must take to ensure the diversification of the bilateral agenda and the strengthening relations with our neighbors, in this case with Brazil.
For the reasons set out above, and as a consequence of constitutional norms that develop integration, particularly the Preamble and article 9or, the National Government, through the Minister of Foreign Relations and the Minister of Labor, request the honorable Congress of the Republic to approve the " Agreement between the Republic of Colombia and the Government of the Federative Republic of Brazil on Residence Permit, Study and Work for Brazilian and Colombian Border Nationals among the Localities Related Border ", signed by the Ministers of Foreign Affairs on 1 September 2010.
Of the honorable Senators and Representatives,
The Foreign Minister,
Maria Angela Holguin Cuellar.
The Minister of Labor,
Rafael Pardo Rueda.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 19, 2011
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) JUAN MANUEL SANTOS CALDERÓN
The Deputy Minister of Multilateral Affairs, in charge of the functions of the Office of the Minister of Foreign Affairs,
(Fdo.) Patti Londono Jaramillo.
DECRETA:
Article 1o. Approve the " Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Residence, Study and Work Permit for Brazilian and Colombian Border Nationals between the Related Border Locations ", signed in Brasilia on September 1, 2010.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the " Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Residence, Study and Work Permit for Brazilian and Colombian Border Nationals between the Border Localities Linked ", signed in Brasilia on September 1, 2010, which by article 1o of this law is approved, will force the country from the date on which it is perfect the international link with respect to it.
Article 3o. This law governs from the date of its publication.
Dada en Bogotá, D. C., a los ...
Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of Labor.
The Foreign Minister,
Maria Angela Holguin Cuellar.
The Minister of Labor,
Rafael Pardo Rueda.
1998 424 LAW
(January 13)
by which the follow-up to the international conventions signed by Colombia is ordered.
The Congress of Colombia
DECRETA:
Article 1o. The National Government through the Foreign Ministry will submit annually to the Senate and Senate Foreign Relations Committees, and within the first thirty days of the legislative period, which begins every 20 years. July, a detailed report on how the existing International Conventions signed by Colombia with other States are being complied with and developed.
Article 2o. Each dependency of the National Government responsible for implementing the International Treaties of its competence and requiring reciprocity in them, will transfer the relevant information to the Ministry of Foreign Affairs and the Ministry of Foreign Affairs. Second.
Article 3o. The full text of this law shall be incorporated as an annex to any and all International Conventions that the Ministry of Foreign Affairs presents to the Congress.
Article 4o. This law governs from its enactment.
The President of the honorable Senate of the Republic,
Amylkar Acosta Medina.
The Secretary General of the honorable Senate of the Republic,
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.
COLOMBIA-NATIONAL GOVERNMENT
Publish and execute.
Dada en Santa Fe de Bogota, D. C., on January 13, 1998.
ERNESTO SAMPER PIZANO
The Foreign Minister,
Maria Emma Mejia Velez.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 19, 2011
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) JUAN MANUEL SANTOS CALDERÓN
The Deputy Minister of Multilateral Affairs, in charge of the functions of the Office of the Minister of Foreign Affairs,
(Fdo.) Patti Londono Jaramillo.
DECRETA:
ARTICLE 1o. Approve the " Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Residence, Study and Work Permit for the Brazilian and Colombian Border Nationals between the Border Localities Linked ", signed in Brasilia on September 1, 2010.
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the " Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on Residence, Study and Work Permit for the Brazilian and Colombian Border Nationals between the Border Localities Linked ", signed in Brasilia on September 1, 2010, which is approved by article 1 of this law, It will oblige the country from the date on which the international link is improved with respect to the same.
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, subject to revision of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., 16 July 2013
JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of Labor,
RAFAEL PARDO WHEEL.
