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Act 1671 2013

Original Language Title: LEY 1671 de 2013

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1671 OF 2013

(July 16)

Official Journal No. 48,853 of 16 July 2013

CONGRESS OF THE REPUBLIC

By means of which the "Amendment of Article VI and paragraph A of Article XIV of the Statute of the International Atomic Energy Agency" are approved, approved by the General Conference of the International Energy Agency Atomic, on 1 October 1999, by means of resolutions GC (43) /RES/19 and GC (43) /RES/8, respectively.

Effective Case-law

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the "Amendment of Article VI and paragraph A of Article XIV of the Statute of the International Atomic Energy Agency", approved by the General Conference of the International Atomic Energy Agency, on 1 October 1999, by Resolutions GC (43) /RES/19 and GC (43) /RES/8, respectively.

(To be transcribed: A faithful and complete photocopy of the text in Spanish is attached to the required amendments, taken from the original that is based on the file of the Internal Working Group of the Treaties of the Ministry of Foreign Affairs of Colombia, the which consists of nine (9) folios.

AMENDMENT OF ARTICLE XIV OF THE STATUTE OF THE INTERNATIONAL ATOMIC ENERGY AGENCY

In the first sentence of paragraph (a) of Article XIV, replace the word "yearly" with the word "biennial".

On behalf of the Director General of the International Atomic Energy Agency, I, Larry D. Johnnson, Director of the Legal Division of the Secretariat, hereby certify that the text appearing in supra, of which the versions in the Arabic, Chinese, Spanish, French, English and Russian languages are equally authentic, it is the amendment of Article XIV of the Statute of the Body approved by the General Conference on October 1, 1999 in accordance with the provisions of paragraph (i) of the (c) of Article XVIII of the Staff Regulations.

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The Director-General of the International Atomic Energy Agency welcomes the Ministers of Foreign Affairs of the Member States and has the honour to send them a certified copy of the text of an amendment to Article VI of the Statute of the International Atomic Energy Agency, which was adopted by the General Conference on 1 October 1999, in Resolution GC (43) /RES/19, which also includes a copy. Acceptance of the amendment shall be formalised by the deposit of an instrument of acceptance with the Depositary Government, i.e. the Government of the United States of America.

The Director-General of the International Atomic Energy Agency takes this opportunity to reiterate to the Foreign Ministers of the Member States the security of their highest consideration and esteem.

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AMENDMENT TO ARTICLE VI OF THE STATUTE

Resolution passed on October 1, 1999, at the 9th Plenary Session

The General Conference,

a) Remembering its decision GC (42) /DEC/L0, in which the Board of Governors was asked, among other things, to present a report on a final formula on the amendment of Article VI of the Statute and all resolutions and decisions previous on the topic;

b) Having examined the proposed amendment to Article VI of the Statute presented by Japan in accordance with paragraph A of Article XVIII of the Statute, contained in Annex 1 to the document GC (42 )/19:

c) Having also examined the proposal for amendment of the Japanese amendment submitted by Slovenia in accordance with paragraph A of Article XVIII of the Statute, contained in document GC (43 )/12;

d) Having also considered the report and recommendations of the Board of Governors contained in document GC (43 )/12, which constitutes the observations of the Board on the modification of the aforementioned Japanese proposal proposed by Slovenia;

e) Having also considered the Board's observations on the Japanese proposal for the aforementioned Article VI amendment;

1. Approves The Proposed Amendment Proposed By Slovenia To The Amendment Of Article VI Proposed By Japan.

2. Approves the amendment proposed by Japan, as amended as indicated in paragraph 1o of the operative part and subsequently amended, amending Article VI of the Statute of the Agency as follows:

I. Replace paragraph A of Article VI of the Agency Statute with the following:

" A. The Board of Governors will be integrated as follows:

1. The outgoing Board of Governors shall appoint to the Board the eighteen members most advanced in the technology of atomic energy, including the production of basic materials, distributing the designated posts as follows: between the regions mentioned below:

North America 2

Latin America 2

Western Europe 4

Eastern Europe 2

Africa 2

Middle East and South Asia 2

Southeast Asia and the Pacific 1

Far East 3

2. The General Conference will elect to be part of the Board of Governors:

(a) Twenty-two members, having due regard to the fair representation on the Board, as a whole, of the members of the regions listed in paragraph 1 of paragraph A of this Article, so that the Board shall always include in this category to:

Four Representatives of the Latin American Region,

Four Representatives of the Western Europe Region,

Three Representatives of the Eastern European Region,

Five Representatives of the Africa Region,

Three Representatives of the Middle East and South Asia Region,

Two Representatives from the Southeast Asia and Pacific Region, and a Representative from the Far East Region.

b) Two more members from among the following regions:

Western Europe.

Eastern Europe.

Middle East and South Asia.

c) One more member among those belonging to the following regions:

Latin America

Eastern Europe "

and,

II. Add, at the end of Article VI, the following new paragraph:

" K. The provisions of paragraph A of this Article, approved by the General Conference on 1 October 1999, shall enter into force if the requirements referred to in Article XVIII (C) have been met and the General Conference has taken place. confirmed a list of all the Member States of the Body approved by the Board, in both cases by ninety per cent of the members present and voters, in which each Member State is assigned to one of the regions referred to in the paragraph 1 of paragraph A of this Article. The Board will then be able to make changes to the list with the confirmation of the General Conference, supported in both cases by ninety percent of the members present and voters and only after a consensus has been reached on the proposed change in the regions to which this change is affected ".

3. Urges all Member States of the Agency to accept this amendment as soon as possible under their respective constitutional procedures, in accordance with the provisions of paragraph C (ii) of Article XVIII of the Treaty. Statute.

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4. Asks the Director General to report to the General Conference; at its 45th regular meeting, on the progress made towards the entry into force of this amendment.

AMENDMENT OF ARTICLE VI OF THE INTERNATIONAL ATOMIC ENERGY AGENCY STATUTE

I. Replace paragraph A of Article VI of the Agency Statute with the following:

" A. The Board of Governors will be integrated as follows:

1. The outgoing Board of Governors shall appoint to the Board the eighteen members most advanced in the technology of atomic energy, including the production of basic materials, distributing the designated posts as follows: between the regions mentioned below:

North America 2

Latin America 2

Western Europe 4

Eastern Europe 2

Africa 2

Middle East and South Asia 2

Southeast Asia and the Pacific 1

Far East 3

2. The General Conference will elect to be part of the Board of Governors:

(a) Twenty-two members, having due regard to the fair representation on the Board, as a whole, of the members of the regions listed in paragraph 1 of paragraph A of this Article; in order for the Board to always include in This category is four representatives of the Latin American region.

Four Representatives of the Western European Region.

Three Representatives of the Eastern European Region.

Five Representatives of the Africa Region.

Three Representatives of the Middle East and South Asia Region.

Two representatives from the Southeast Asia-Pacific region, and a representative from the Far East region.

b) Two more members from among the following regions:

Western Europe

Eastern Europe

Middle East and South Asia

c) One more member among those belonging to the following regions:

Latin America

Eastern Europe "

and,

II. Add, at the end of Article VI, the following new paragraph:

" K. The provisions of paragraph A of this Article, approved by the General Conference on 1 October 1999, shall enter into force if the requirements referred to in Article XVIII (C) have been met and the General Conference has taken place. confirmed a list of all the Member States of the Body approved by the Board, in both cases by ninety per cent of the members present and voters, in which each Member State is assigned to one of the regions referred to in the paragraph 1 of paragraph A of this Article. The Board will then be able to make changes to the list with the confirmation of the General Conference, supported in both cases by ninety percent of the members present and voters and only after a consensus has been reached on the proposed change in the regions to which this change is affected ".

On behalf of the Director General of the International Atomic Energy Agency, I, Larry D. Johnson, Director of the Legal Division of the Secretariat, hereby certify that the text appearing above, of which the language versions Arabic, Chinese, Spanish, French, English and Russian are equally authentic, it is the amendment of Article VI of the Statute of the Body approved by the General Conference of the Agency on October 1, 1999, in accordance with the provisions of the (i) paragraph C of Article XVIII of the Staff Regulations.

The Director-General of the International Atomic Energy Agency welcomes the Ministers of Foreign Affairs of the Member States and has the honour to send them a certified copy of the text of an amendment to paragraph A of the Article XIV of the Statute of the International Atomic Energy Agency, which was approved by the General Conference of the Agency on 1 October 1999, in Resolution GC (43) /RES/8 of which a copy is also attached. Acceptance of the amendment shall be formalised by the deposit of an instrument of acceptance with the Depositary Government, i.e. the Government of the United States of America.

The Director-General of the International Atomic Energy Agency takes this opportunity to reiterate to the Foreign Ministers of the Member States the security of their highest consideration and esteem.

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AMENDMENT OF PARAGRAPH A OF ARTICLE XIV OF THE STATUTE

Resolution passed on October 1, 1999, at the 9th Plenary Session

The General Conference.

Having examined the proposed amendment of paragraph A of Article XIV of the Statute of the Body presented by Slovenia, as set out in Annex 2 of the document GC (43 )/ 24 in accordance with paragraph A of Article XVIII of the Statute.

Having also examined the report and the recommendation of the Board of Governors on the proposed amendment contained in document GC (43 )/24, which constitutes the Board's observations on the amendment submitted in accordance with the paragraph 1) of Article XVIII of the Staff Regulations.

Approves the aforementioned amendment to replace the word "yearly" with the word "biennial" in the first sentence of paragraph A of Article XIV of the Statute.

THE COORDINATOR (E) OF THE INTERNAL TREATY WORKING GROUP 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 "Amendment of Article VI and Paragraph A of Article XIV of the Statute of the International Atomic Energy Agency", approved by the General Conference of the Agency International Atomic Energy Agency, on 1 October 1999, by means of Resolutions GC (43) /RES/19 and GC (43) /RES/8, respectively.

Dada in Bogotá, D.C., at twenty-six (30) days of the month of April two thousand twelve (2012).

Treaty Work Internal Group Coordinator (E.) Address of

International Legal Affairs,

LUCIA SOLANO RAMIREZ.

REASON EXPOSURE

Honorable Senators and Representatives:

On behalf of the National Government and in compliance with articles 150 numeral 16 and 189 numeral 2 and 224 of the Political Constitution of Colombia, presented to the Honorable Congress of the Republic the Bill, "by means of which the" Article VI and Article XIV (A) Amendment of the International Atomic Energy AgencyIAEA) Statute, approved by the General Conference of the International Atomic Energy Agency, on October 1, 1999, by Resolutions GC (43) /RES/19 and GC (43) /RES/8, respectively.

I. CONSIDERATIONS REGARDING THE PARTICIPATION OF THE REPUBLIC OF COLOMBIA IN THE STATUTE OF THE INTERNATIONAL ATOMIC ENERGY AGENCY

Colombia is a State Party to the International Atomic Energy Agency (IAEA) Statute, which was approved by Law 16 of 1960 and entered into force on September 30 of the same year.

By virtue of the precious international legal instrument, Colombia is a Member State of the IAEA, an independent universal organization of the United Nations, which is composed of 153 Member States and is in charge of seek to accelerate and increase the contribution of atomic energy to peace, health, and prosperity throughout the world.

This organization works primarily in three areas: safeguards and verification, reviewing that states use nuclear energy for peaceful purposes; physical and technological security nuclear, contributing to improved safety in order to protect nuclear and radioactive facilities and materials, as well as to care for human health and the environment and the civil energy applications nuclear, promoting the use of such energy in areas of vital importance to the socioeconomic development such as health, agriculture, hydrology, among others.

The Agency is composed of three bodies: the General Conference, composed of all the Member States; the Board of Governors, made up of 35 Member States, and the Secretariat, headed by the Director General, composed of six Departments (Managed; Nuclear Science and Applications; Nuclear Energy; Nuclear Safety; Technical Cooperation and Safeguards and Verification).

In October 1999, the 43rd Regular General Conference approved two amendments to the IAEA Statute, one to Article VI through Resolution GC (45) RES/19 and the other to Article XIV.A by Resolution GC (43) /RES/8. Comparative table of the Amendments is attached.

II. AMENDMENT TO THE VI-BOARD OF GOVERNORS

The Board of Governors is one of the regulatory bodies of the IAEA. Together with the General Conference, the Board is composed of 35 Member States distributed by regional groups (8 regions established in a period of division between the West and the East), in accordance with the provisions of Article VI of the Treaty. Statute.

This body is responsible for examining and making recommendations to the General Conference on IAEA accounts, the programme and the budget; examining applications for membership; approving the Safeguards Agreements and the publication of the IAEA Security Standards and has the responsibility to appoint the Director-General of the Agency with the approval of the General Conference.

This Amendment seeks to expand the number of Board of Governors members and to balance their composition geographically. The above, in order to reflect the changes that took place during the last decades in the international arena, among them: political evolution (ideological, balance of power, etc.), new scenarios of relationship and cooperation, peaceful developments in the nuclear area of several States, imbalances in participation in the Board by regions, the increase of developing Member States, the interests of new members, among other aspects.

This Amendment is based on the principle of sovereign equality and the condition of equitable geographical representation as set out in Article VI of the Statute.

According to Article XVIIIc (ii) of the Statute, for the entry into force of the amendment it is necessary that two thirds of all the members of the Agency accept it. However, according to the latest IAEA report, the amendment has only been ratified by 52 states.

It is highlighted that, through its decisions GC (47) /DEC/14, GC (49) /DEC/12, GC (50) /DEC/12 and GC (51) /DEC/13, the General Conference " encouragesMember States that have not yet accepted the amendment to do so as soon as possible. before, in accordance with their respective constitutional procedures, through their Decisions. "

III. AMENDMENT TO ARTICLE XIV.A-FINANCIAL PROVISIONS

By means of this amendment it is sought to achieve that the budget of the Agency is biennial and not annual as it is currently foreseen in the Statute. The above, in order to improve the effectiveness in the formulation, approval, implementation, monitoring and evaluation of the programs developed by the Member States; reduce the volume of documentation; increase the flexibility for the use of funds from programs that were not used during the first year in the second year of the biennium; to improve program coordination and resource planning with United Nations organizations as a result of the harmonization of cycles, among others.

According to Article XVIII.C (ii) of the Statute, for the entry into force of the required amendment, it is necessary for two thirds of all members of the Agency to accept it. According to the latest IAEA report, the amendment has only been ratified by 49 states.

It is noteworthy that the General Conference, by means of its Decisions GC (49) /DEC/13, GC (50) /DEC/11, GC (51) /DEC/14, GC (52) /DEC/9, GC (53) /DEC/11 and GC (54) /DEC/11 and GC (55) /DEC/10, " encourages and urges Member States that have not yet The Commission has proposed that the Commission should be able to take the view that the Commission is not in a position to accept the amendment. This would allow the Agency to adjust to the almost universal practice among the organizations of the United Nations system of biennial budgeting. "

IV. FINAL CONSIDERATIONS

Our State recognizes and respects IAEA verification work. For the above, and in compliance with the obligations under the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (Treaty of Tlatelolco) and the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), the Republic of Colombia maintains an Agreement for the application of safeguards in relation to those international instruments. As an aggregate of its commitment, Colombia has an Additional Protocol to the Safeguards Agreement.

Likewise, Colombia keeps a close and cooperative relationship with the Agency, in the framework of which our State receives technical-scientific cooperation for the peaceful application of nuclear energy in areas such as health, agriculture, hydrology, metrology and the formation of human capital, as well as in the field of nuclear safety and technology. In particular, it should be noted that only the last Cooperation Program for the biennium 2012-2013 includes seven National Projects for a million and a half dollars.

Additionally, there are other inter-regional cooperation projects with the IAEA, with the Regional Cooperation Agreement for the Promotion of Nuclear Science and Technology in Latin America and the Caribbean (ARCAL) and of a thematic nature, of which Colombia also benefits.

One more show of the close relationship was the visit of the current Director General of the IAEA, Ambassador Yukiya Amano, from 5 to 7 July 2011.

For the above reasons, and bearing in mind that the precise amendments will improve the functioning, the organic structure and the budget organization of the International Atomic Energy Agency (IAEA), the National Government, through the Minister of Foreign Affairs, presents to the Honorable Congress the " Article VI and Article XIV (A) Amendment of the International Atomic Energy AgencyIAEA) Statute, approved by the General Conference of the International Atomic Energy Agency, on October 1, 1999, by Resolutions GC (43) /RES/19 and GC (43) /RES/8, respectively.

Of the honorable Senators and Representatives,

The Foreign Minister,

Maria Angela Holguin Cuellar.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogota, D.C., May 17, 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. I approve the "Amendment of Article VI and Paragraph A of Article XIV of the Statute of the International Atomic Energy Agency", approved by the General Conference of the International Atomic Energy Agency, on October 1999, by means of the Resolutions GC (43) /RES/19 and GC (43) /RES/8, respectively.

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Amendment of Article VI and Paragraph A of Article XIV of the Statute of the International Atomic Energy Agency", approved by the Conference General of the International Atomic Energy Agency, on 1 October 1999, by means of Resolutions GC (43) /RES/19 and GC (43) /RES/8, respectively.

Article 3o. This law governs from the date of its publication.

Dada in Bogota, D.C., on May 17, 2012.

Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs.

The Foreign Minister,

Marito Angela Holguin Cuellar.

1998 424 LAW

(January 13)

by which international conventions are ordered to follow

subscribed by Colombia.

The Congress of Colombia

DECRETA:

Article. The National Government through the Foreign Ministry will present to the Senate and Chamber Foreign Relations Committees annually, and within the first thirty calendar days after 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; it will transfer the relevant information to the Ministry of Foreign Affairs and the latter, to the Commissions 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

Bogota, D.C., May 17, 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 "Article VI Amendment and Article XIV Paragraph A of the International Atomic Energy Agency Statute," approved by the General Conference of the International Atomic Energy Agency, on 1 October 1999, by means of Resolutions GC (43) /RES/19 and GC (43) /RES/8, respectively.

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ARTICLE 2o. In accordance with the provisions of Article 1 or the 7th Act of 1944, the " Article VI and Article XIV (A) Amendment of the International Atomic Energy AgencyIAEA) Statute, approved by the General Conference of the International Atomic Energy Agency, on October 1, 1999, by means of Resolutions GC (43) /RES/19 and GC (43) /RES/8, respectively, which, under Article 1 of this Act, is adopted, shall bind the country from the date on which the international link with respect to the law is perfected.

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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 in Bogota, D.C., 16 July 2013.

JUAN MANUEL SANTOS CALDERÓN

The Foreign Minister,

MARIA ANGELA HOLGUIN HANG.

The Minister of Mines and Energy,

FEDERICO RENGIFO VELEZ.

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