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Through Which The "amendment To The Convention Of The World Customs Organization" Approved By The Customs Cooperation Council, Brussels, 30 June 2007 Approved

Original Language Title: Por medio de la cual se aprueba la "Enmienda a la Convención de la Organización Mundial de Aduanas" aprobada por el Consejo de Cooperación Aduanera, Bruselas, 30 de junio de 2007

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LAW 1714 OF 2014

(April 22)

Official Journal No. 49.130 of 22 April 2014

CONGRESS OF THE REPUBLIC

By means of which the "Amendment to the Convention of the World Customs Organization" was approved by the Customs Cooperation Council, Brussels, 30 June 2007.

Effective Case-law

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the "Amendment to the Convention of the World Customs Organization", approved by the Customs Cooperation Council, Brussels, 30 June 2007.

(To be transcribed: Official translation of the copy certified by the depositary of the Amendment, certified by the Coordinator of the Internal Working Group of the Treaties of the Ministry of International Legal Affairs of the Ministry of Foreign Relations, a document that is based on the files of that Ministry.)

LAW PROJECT

by means of which the "Amendment to the Convention of the World Customs Organization" approved by the Customs Cooperation Council, Brussels, 30 June 2007.

The Congress of the Republic

Having regard to the text of the "Amendment to the Convention of the World Customs Organization", approved by the Customs Cooperation Council, Brussels, 30 June 2007.

(To be transcribed: Official translation of the copy certified by the depositary of the Amendment, certified by the Coordinator of the Internal Working Group of the Treaties of the Ministry of International Legal Affairs of the Ministry of Foreign Relations, a document that is based on the files of that Ministry.)

Recommendation by the Customs Cooperation Council1

Referred to Convention Modification that

a Customs Cooperation

(June 30, 2007)

The Customs Cooperation Council,

RECOGNISING the increasingly important role of Customs and Economic Unions in world affairs and in particular in the field of trade,

NOTING that some Customs or Economic Unions are active participants in the Organization's work,

RECOGNIZING the legitimate desire of a Customs or Economic Union that this participation has a formal basis by becoming a member of the Organization and the possibility for others to do so in the future,

TAKING INTO ACCOUNT that for a Customs or Economic Union to be a Member, an amendment should be made to the Convention establishing a Customs Cooperation Council,

TAKING INTO ACCOUNT also the provisions of Article XX of the Convention which establishes a Customs Cooperation Council in reference to the amendment of the Convention,

RECOMMENDS all Contracting Parties to the Convention, which establishes a Customs Cooperation Council, to make the following modifications to it:

Modify Article VIII (a) of the Convention, so that it remains:

ARTICLE VIII

(a) With the exception of Customs or Economic Union Members for whom the Council shall adopt the specific provisions, each Member of the Council shall be entitled to one vote, unless a Member has no vote in any matter related to the interpretation, application or modification of any of the conventions referred to in Article III (d) that is in force and is not applicable to that Member.

Introducing a new sub-paragraph (d) in Article XVIII of the Convention, so that it remains:

ARTICLE XVIII

(a) The Government of any State which is not a signatory to this Convention may accede to it from 1 April 1951.

(b) The instruments of accession shall be entered before the Ministry of Foreign Affairs of Belgium, which shall notify each such consignment to all the signatory and acceding governments, as well as to the Secretary-General.

(c) This Convention shall enter into force for any acceding Government at the time of entry of its instrument of accession, but not before it enters into force, in accordance with Article XVII paragraph (a).

(d) Any Economic or Customs Union may, in accordance with previous paragraphs (a), (b) and (c), be a Contracting Party to this Convention. Any application by a Customs or Economic Union to be a Contracting Party shall first be submitted to the Council for approval. For the purposes of this Convention, 'Customs or Economic Union', it refers to a Union constituted and composed of States which have the competence to adopt its own rules which are binding on those States in respect of the matters governing this Convention and which have competence to make decisions in accordance with their internal procedures for accessing this Convention.

REQUESTS the Contracting Parties to the Convention establishing a Customs Cooperation Council to accept this recommendation to notify in writing their acceptance to the Belgian Ministry of Foreign Affairs.

CHANGING THE CONVENTION ESTABLISHING A CUSTOMS COOPERATION COUNCIL

Modify Article VIII (a) of the Convention, so that it remains:

1. Article VIII (a) of the Convention is hereby amended as follows:

(a) With the exception of Customs or Economic Union Members for whom the Council shall adopt specific provisions, each Member of the Council shall be entitled to one vote, unless a Member has no vote on any matter relating to the interpretation, application or amendment of any of the conventions referred to in Article III (d) that is in force and is not applicable to that Member.

2. After Article XVIII (c) of the Convention, a new sub-paragraph (d) is added to the following:

(d) Any Economic or Customs Union may, in accordance with previous paragraphs (a), (b) and (c), be a Contracting Party to this Convention. Any application by a Customs or Economic Union to be a Contracting Party shall first be submitted to the Council for approval. For the purposes of this Convention, 'Customs or Economic Union', it refers to a Union constituted and composed of States which have the competence to adopt its own rules which are binding on those States in respect of the matters governing this Convention and which have the competence to take decisions in accordance with their internal procedures, in order to accede to this Convention.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., 14 June 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 "Amendment to the Convention of the World Customs Organization " approved by the Council of Customs Cooperation, Brussels, June 30, 2007.

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Amendment to the Convention of the World Customs Organization" approved by the Customs Cooperation Council, Brussels, 30 June 2007, which by The article first of this law is approved, will force the country 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 Finance and Public Credit.

The Foreign Minister,

MARIA ANGELA HOLGUIN HANG.

The Minister of Finance and Public Credit,

MAURICIO CÁRDENAS SANTAMARIA.

1998 424 LAW

(January 13)

by which the follow-up to the international conventions signed by Colombia is ordered.

The Congress of Colombia

DECRETA:

Item 1or. 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 2or. 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.

Item 3or. The full text of this law will be incorporated as an annex to each and every International Convention that the Ministry of Foreign Affairs presents to the Congress.

Article 4or. This law governs from its promulgation.

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 SQUIRLA BALLESTEROS.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada en Santa Fe de Bogota, D. C., on January 13, 1998.

ERNESTO SAMPER PIZANO

The Foreign Minister,

MARIA EMMA MEJIA VELEZ.

EXPLANATORY STATEMENT

Points out article 189 numeral 2 of the Political Charter that: it is up to the President of the Republic " direct international relations. Appoint diplomatic and consular agents, receive the respective agents, and celebrate with other states and international law entities treaties or conventions to be submitted for approval by Congress.

For his part, article 224 of the Political Constitution prescribes that the treaties, for their improvement, require the approval of the Congress of the Republic and the examination of The Constitutional Court has exequated the issue. It also provides that the President of the Republic may give provisional application to the agreements of economic and commercial nature agreed upon in the framework of international organizations. It indicates the constitutional precept that in any case as soon as a treaty enters into force provisionally, it must be sent to the Congress for approval. If Congress does not approve it, the application of the Treaty will be suspended.

The Honorable Constitutional Court in Judgment C-012/04 has pointed out the conditions and requirements that the adoption of the Amendment to international treaties must fulfill as follows:

" The adoption of the amendment must be dealt with as if it were a convention, which means that the state must be represented for which the designated person must have full powers to do so. Likewise, the subsequent presidential confirmation that the consent of the amendment to the initial pact is expressed, and in the case of ours must be followed the subsequent approval procedure in the Congress and review in the Constitutional Court, in order for such modification to take effect and validity in the internal order. However, the State may express its consent by means of accession to the State, when the treaty itself provides for the procedure for any other State. This is enshrined in Article 11 of the Vienna Convention. "

Under these provisions the National Government has adhered to the " Convention establishing the Customs Cooperation Council, signed in Brussels on 15 December 1950, which was subject to the control of the Honorable Court. Constitutional in order to fulfill the procedure provided for in article 241 of the Political Constitution.

The aforementioned Convention was declared to be exequable under the Judgment C-563 of 1992, of the Honorable Constitutional Court.

Literal (c) Article XIX of the said treaty provides that an amendment shall enter into force three months after the notifications of acceptance of all the contracting parties have been received by the Ministry of Foreign Affairs of the Belgium, as a depositary and when an amendment has been accepted by all the contracting parties, the Belgian Foreign Ministry shall notify all the signatory and acceding governments, as well as the Secretariat General about such acceptance and the date of its entry into force.

By Note Verbal J4 No 08/00919, the Embassy of Belgium informed the Colombian Ministry of Foreign Affairs of the adoption, on 30 June 2007, of an amendment to the Convention establishing the Customs Cooperation Council.

The mentioned Amendment is intended to amend Articles VIII and XVIII to allow any Customs or Economic Union to become a contracting party to the Convention.

considers that the amendment guarantees the processes of integration of the States within the framework of international trade, and therefore for the purposes of complying with the constitutional procedure for the validity of the treaties referred to in Article 224 of the Political Charter, subject to consideration by the Honorable Congress of the Republic.

For the above considerations, the National Government, through the Minister of Foreign Affairs and the Minister of Finance and Public Credit, requests the Honorable Congress of the Republic to approve the " Amendment to the Convention of the World Customs Organization ", approved by the Customs Cooperation Council, Brussels, on 30 June 2007.

Honorable Senators and Representatives.

The Foreign Minister,

MARIA ANGELA HOLGUIN HANG.

The Minister of Finance and Public Credit,

MAURICIO CÁRDENAS SANTAMARIA.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., 14 June 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 "Amendment to the Convention of the World Customs Organization " approved by the Customs Cooperation Council, Brussels, June 30, 2007.

Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Amendment to the Convention of the World Customs Organization" approved by the Customs Cooperation Council, Brussels, 30 June 2007, which by The article first of this law is approved, will force the country 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 Finance and Public Credit.

The Foreign Minister,

MARIA ANGELA HOLGUIN HANG.

The Minister of Finance and Public Credit,

MAURICIO CÁRDENAS SANTAMARIA.

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., June 14, 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 "Amendment to the World Customs Organization Convention" approved by the Council of Customs Cooperation, Brussels, June 30, 2007.

Ir al inicio

ARTICLE 2o. In accordance with the provisions of Article 1 or the 7th Act of 1944, the "Amendment to the World Customs Organization Convention" approved by the Council of Customs Cooperation, Brussels, June 30, 2007, which is approved by the article first , will force the country from the date on which the international link with respect to it is perfected.

Ir al inicio

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

The President of the honorable Senate of the Republic,

JOHN FERNANDO CHRIST BUSTS.

The Secretary General of the honorable Senate of the Republic,

GREGORIO ELJACH PACHECO.

The President of the honorable House of Representatives,

HERNAN PENAGOS GIRALDO.

The Secretary General of the honorable House of Representatives,

JORGE HUMBERTO MANTILLA SERRANO.

COLOMBIA-NATIONAL GOVERNMENT

Communicate and comply.

Execute, upon revision of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.

Dada en Bogotá, D. C., a 22 de abril de 2014.

JUAN MANUEL SANTOS CALDERÓN

The Foreign Minister,

MARIA ANGELA HOLGUIN HANG.

The Minister of Finance and Public Credit,

MAURICIO CÁRDENAS SANTAMARIA.

Ir al inicio