Key Benefits:
LAW 1721 OF 2014
(June 27)
Official Journal No. 49.195 of 27 June 2014
CONGRESS OF THE REPUBLIC
By means of which the "Framework Agreement of the Pacific Alliance", signed in Paranal, Antofagasta, Republic of Chile, is approved on June 6, 2012.
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Pacific Alliance Framework Agreement", between the Republic of Colombia, the Republic of Chile, the United Mexican States and the Republic of Peru, signed in the city of Paranal, Antofagasta, Chile, on 6 June 2012.
(To be transcribed: Full and faithful photocopy of the text in Spanish of the Agreement, certified by the Coordinator of the Internal Working Group of Treaties of the International Legal Affairs Directorate of the Ministry of Relations Exteriors, a document that rests in the archives of that Ministry and consists of five (5) folios).
BILL NUMBER
By means of which the "Framework Agreement of the Pacific Alliance", in Paranal, Antofagasta, Republic of Chile, is approved on June 6, 2012.
The Congress of the Republic
Viewed the text of the "Pacific Alliance Framework Agreement", signed in Paranal, Antofagasta, Republic of Chile, on June 6, 2012.
(To be transcribed: Full and faithful photocopy of the text in Spanish of the Agreement, certified by the Coordinator of the Internal Working Group of Treaties of the International Legal Affairs Directorate of the Ministry of Relations Exteriors, a document that rests in the archives of that Ministry and consists of five (5) folios).
This bill consists of twenty-one (21) 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.
The Parties constitute the Pacific Alliance as an area of regional integration.
ARTICLE 2. DEMOCRACY AND RULE OF LAW.
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.
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.
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 (Approval of decisions and other agreements of the Pacific Alliance), of this Agreement Frame.
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.
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
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.
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.
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.
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.
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
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
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.
This Framework Agreement shall enter into force sixty (60) days after the date of deposit of the last instrument of ratification of the Parties.
The Government of Colombia will act as a Depositary of this Framework Agreement.
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.
1. This Framework Agreement shall have an indefinite effect.
2. This Agreement may be denounced by either Party by written notification to the Depositary, which shall communicate such denunciation to the other Parties.
3. The denunciation shall take effect after the expiry of the period of six (6) months from the date on which the notification has been received by the Depositary.
At the time of the entry into force of this Framework Agreement, the Republic of Panama and the Republic of Costa Rica are part of the Pacific Alliance as Observer States.
Subscribe in Paranal, Antofagasta, Republic of Chile, on June 6, 2012, in an original original in the Spanish language remaining in the custody of the Depositary, which will provide duly authenticated copies of the present Framework Agreement to all Parties.
The undersigned Coordinator of the Internal Working Group of the Treaties 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 of the text of the "Framework Agreement of the Pacific Alliance", signed in Paranal, Antofagasta, Republic of Chile, on June 6, 2012, which is based on the files of the Internal Legal Affairs Directorate of the International Legal Affairs Directorate of this Ministry and consists of five (5) Folios.
Dada in Bogotá, D. C., at twenty-nine (29) days of the month of April two thousand fourteen (2014).
The Treaty Work Internal Group Coordinator,
MARIA ALEJANDRA ENCINALES JARAMILLO.
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, we have the honor to present to the honorable Congress of the Republic the bill, by means of which it is approved the Pacific Alliance Framework Agreement, subscribed in Paranal, Antofagasta, Republic of Chile, on 6 June 2012.
This Agreement was previously approved by the Congress of the Republic by Law 1628 of May 22, 2013 and put to the consideration of the Constitutional Court, which by Judgment number C- 258 of 2014 on April 23, 2014, stated inexequable the treaty's approval law. The Court's decision was motivated by the finding of a procedural defect that I consider to be insubsable, related to the principle of advertising. According to the entity, the publication of articles 16, article 17 and the signatures of the corresponding heads of state were omitted from the Congress Gazette .
The explanatory statement explained below explains the object of the Framework Agreement of the Pacific Alliance, which is submitted again to the Congress of the Republic, and analyzes the importance of this mechanism to promote the interest of the national, contribute to economic development in the country and contribute to the prosperity of Colombians.
This explanatory statement consists of six parts: the first part describes the object of the approving law; the second part contains a general introduction to the subject, with the background and the context at the regional level; the third part reviews the importance for Colombia of belonging to the Alliance at the political, commercial and economic level, and the expectations and achievements of the Pacific Alliance; the fourth describes the characteristics and main elements of the Framework Agreement of the Alliance of This is a very important issue for the European Parliament, which is the subject of the European Parliament's resolution. substantive constitutional requirements during the negotiation and subscription of the Framework Agreement of the Pacific Alliance. Finally, the conclusions are presented.
The bill of approval submitted for consideration by the honorable Congress of the Republic is intended to approve the "Agreement of the Pacific Alliance," signed in Paranal, Antofagasta, Republic of Mexico. of Chile, on 6 June 2012.
The Framework Agreement of the Pacific Alliance, which is the subject of this bill, is necessary to give it an integral application to the parameters, institutional architecture, and rules that govern the political, economic, and political articulation process. cooperation between Chile, Colombia, Mexico and Peru within the framework of the Pacific Alliance.
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.
With the entry into force of the Framework Agreement of the Pacific Alliance, results will be consolidated that will allow the implementation of screening strategies in Asia Pacific, a priority component of the country's international insertion strategy.
2.1. Background
In communication of October 14, 2010, sent by then-President Alan Garcia to President Juan Manuel Santos, Peru proposed an initiative aimed at making Panama, Colombia, Ecuador, Peru and Chile a "deep integration area." 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 then President of Chile, Sebastián Piñera, summoned the Presidents of Peru, Colombia and Mexico to a meeting to discuss how to strengthen their relationship through deep integration. At that time, the four states 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. To this end, at the first Summit of the Pacific Alliance, held in Lima on April 28, 2011, the Presidents of Peru, Colombia, Chile and Mexico instructed their Ministers of Commerce and Foreign Affairs to draft a draft agreement. Framework on the basis of the approval of the existing free trade agreements.
The process of drafting a Framework Agreement culminated in Paranal, Antofagasta, Republic of 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 States and the other, with the need to seek convergence in the progress achieved between the existing trade agreements between the Member States, enabling the Alliance to be a permanent setting for dialogue on matters of interest to the Member States. members.
In the dimension of deepening integration, it had to be defined which areas the deep integration zone would cover. This process was followed by three Presidential Summits held in Lima, Peru, on April 28, 2011, in Merida, Mexico, on December 4, 2011, in Paranal, Antofagasta, Republic of Chile, on June 6, 2012, as well as a Virtual Summit on March 5, 2012. The summits were preceded by meetings of the High Level Group, an instance of the Vice-Ministers of Foreign Affairs and Foreign Trade of the Member States, as well as meetings of technical teams of governments. As a result, the prioritized integration areas were:
A. Movement of business people and facilitation for immigration transit.
B. Trade and integration, including trade facilitation and customs cooperation.
C. Services and capital, including the ability to integrate stock exchanges, and
D. Cooperation and dispute settlement mechanisms.
A. Movement of business people and facilitation for migratory transit, including cooperation between immigration and consular authorities
The main objective is to facilitate the migratory transit and the free movement of tourist and business visitors. In this area, the possible scenarios have been examined to advance the abolition of visas for tourists, businessmen, business persons and other subjects who are beneficiaries of each State of the Pacific Alliance. Among other issues, progress has been made in the implementation of a cooperation and information exchange scheme on migration flows to detect problems associated with border security in time.
B. Trade and integration including trade facilitation and customs cooperation
This group consists of four subgroups:
-- Health measures: The objective is to advance the processes of health eligibility, cooperation mechanisms, transparency and good practices, in order to avoid unnecessary obstacles to trade.
-- Trade facilitation and customs cooperation: States agreed to work on the issues of paperless trade, single trade points, authorized economic operator and advance resolutions. In customs cooperation, it was agreed to work with the Inter-American Development Bank (IDB) to carry out an analysis of the existing cooperation and mutual assistance agreements, with a view to identifying areas of work and projects of common interest. which may include observer states. This project is currently running.
-- Technical standards: The aim is to prevent unjustified barriers to trade from being imposed, arguing for technical regulations.
-- Tariff disgravitation: Currently, 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, the objective in this area is to advance in the source accumulation between the parties and the insertion of the members into value chains.
C. Services and capital, including the ability to integrate stock exchanges
The goal is to position the Pacific Alliance internationally as an attractive destination for foreign direct investment and trade in services and to increase investment flows and trade in services between the countries of the Pacific. Alliance and among these with the rest of the world.
D. Cooperation
Five large thematic areas were identified that frame the discussions:
-- Pymes
-- Climate change
-- Academic Mobility
-- Competitiveness
-- Tourism
2.3. The Pacific Alliance in the context of the region
Other similar initiatives have been brought forward in the region both within the framework of the ALADI and within the Latin American Pacific Arc Forum (ARCO)[1] that aim to create convergence spaces for the network of agreements. Trade that exists in the region and greater integration. While these initiatives do not have the degree of depth to which the Pacific Alliance points, they are not incompatible with it either.
The Pacific Alliance initiative has similar objectives to those that the ARCO Forum has pursued: to integrate the Latin American countries of the Pacific Rim and to strengthen their ties with those of the Asia Pacific. To achieve this, the ARCO Forum has worked on 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. For their part, Chile, Peru, Colombia and Mexico make up a more homogeneous group in the Pacific Alliance, which is better able to advance integration, given their common economic interests.
In the framework of the ALADI, the Member States 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 States 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 TO BELONG 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 the productive factors and incorporate new technologies into the national productive apparatus[2]. One of the fundamental pillars of this strategy is to advance Latin American integration in the face of insertion into the global market, particularly with the states that make up the Asia Pacific.
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 the States. which make up the Pacific Alliance.
The Framework Agreement that is submitted to its consideration is an instrument framed 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, this agreement constitutes an institutional framework that strengthens the relations between the states that make up the Pacific Alliance. Its entry into force will make it possible to take advantage of the opportunities arising from joint work in the various areas of this deep integration project. Additionally, the Framework Agreement will formalize the existence of an integration process that already presents concrete results, and is projected to the Asia Pacific, a strategic and priority zone of Colombia's external relations.
In addition, the Pacific Alliance is an open and flexible process, with clear, pragmatic and consistent goals with the development model and national foreign policy, through which Colombia's role as a driving force will be strengthened. integration in the region. Similarly, the Alliance between the most dynamic and relevant economies in Latin America enhances Colombia's chances of successful relations with the world.
3.2. Reaches this deep integration initiative
This is an Integral Alliance, which includes among the themes in which integration is to be deepened, joint and coordinated actions for the promotion of exports from the group of states that make it up, attracting investment foreign direct, increased trade within the region, cooperation in areas such as climate change research, student mobility, tourism promotion and fiscal transparency.
The Alliance has also sought to ensure that entrepreneurs, entrepreneurs and citizens benefit from deep integration. For this purpose it has been sought that the relevant authorities work on the exchange of experiences and information to strengthen small and medium enterprises (SMEs), work on the development of initiatives on entrepreneurship and innovation, as well as establishing channels of dialogue with entrepreneurs to know their proposals and concerns in the face of economic development and the business environment.
Equally, the ambition of the Alliance is complemented by the mandates given by the Presidents during successive summits, including the 8th Summit held in February 2014 in Cartagena, where new areas of work were opened on exchange of information on the market for agricultural inputs with a view to the reduction of their prices, mechanisms for sharing experiences in the control of the market for medicinal products, the creation of a fund for the development of infrastructure, programs to promote the culture of the States of the Alliance, promotion of policies public for sports promotion, among others.
All of these Pacific Alliance work areas are designed to directly and in the short term benefit citizens, either directly or through the elimination of visas and scholarships, or by promoting greater growth, development and better public policies such as the case of work on innovation, entrepreneurship and infrastructure development.
3.3. Economic and commercial importance
The weight of the four states 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 is the right path to ensure higher investment volumes, increased trade exchange and sustained and vigorous economic growth.
The four states that make up the bloc for the year 2013 represent about 216 million inhabitants (equivalent to the population of Brazil) and generate a gross domestic product (GDP) of USD2.2 billion, equivalent to 38% of the total American population. Latin and the Caribbean, with a per capita GDP of USD13,542.
In terms of unemployment and inflation, the average for 2013 of the four states was 6.8% and 2.7%, respectively. The rate of GDP growth in the four states was 3.6% in 2013. The above reflects not only their macroeconomic stability but the market's annual capacity and expansion.
COMPARATIVE ECONOMIC INDICATORS-YEAR 2013
| Country | Population-Millions of Hab. | Surface- km2 | GDP Currents-USD Billions | GDP Per capita-USD | GDP | World Exports-USD | World Imports-USD Million | |||
| Chile | 18 | 756.093 | 277 | 19.105 | 4.1% | 6.0% | 1.8% | 76,684 | 74,568 | |
| Colombia | 47 | 1.141.748 | 8.025 | 4.3% | 9.8% | 2.0% | 58.822 | 56.620 | ||
| Mexico | 121 | 1.972.550 | 1.241 | 15,932 | 1.1% | 4.9% | 3.9% | 380.189 | 381,210 | |
| Peru | 30 | 1.285.215 | 177 | 11.106 | 5.0% | 6.5% | 2.9% | 41,826 | 42.191 | |
| Total AP | 216 | 5.155,606 | 2.186 | 557.521 | 554.589 | |||||
| Average | 13,542 | 3.6% | 6.8% | 2.7% | 139,380 | 138,647 | ||||
Source: AP Countries Central Banks.
Colombia, Chile, Mexico and Peru generated half of the region's foreign trade in 2012: USD 533 billion in exports Extra AP and USD 527 billion in imports Extra AP[3] and are close to USD 71,000 millions in FDI.
These four states 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 88% of the investment that reached the 11 countries of the Arco Forum.
However, the participation of states that make up the Pacific Alliance bloc in global investment flows remains low, in 2012, the Pacific Alliance received 5% of global investment.
The projections indicate that the member states of the Pacific Alliance will continue to present sustained economic growth between 3.5% and 5%. Likewise, the large quantity of raw materials available in the Latin American States has benefited the production and export of manufactured products in Mexico and Chile. Particularly Chilean exports to the Asian states, which reached 31% of their total exports in 2013[4].
3.4. Achievements and perspectives of the Pacific Alliance
the last three years have been held in the framework of the Alliance of the Pacific VIII Presidential Summits, 10 meetings of Ministers of Commerce and Foreign Ministers, 23 meetings of Vice-Ministers, and 15 meetings of the more than 14 technical groups. This intensity in the exchanges demonstrates the level of priority that the initiative has for Colombia and also the interest of the Pacific Alliance States in advancing and generating concrete results in the integration process. The following are described the most important achievements so far in the different areas covered by the mechanism. All this work and the very existence of the Pacific Alliance will be formalized by the entry into force of this Framework Agreement, which is now being considered by the Congress of the Republic.
Movement of people:
-- Mexico, as of November 2012, eliminated the visa requirement for nationals of Colombia and Peru who travel to Mexico as "Visitors Without Permission to Perform Remunerated Activities for up to 180 days."
-- In the same way, Peru abolished business visas for nationals of the three states of the Pacific Alliance.
-- Memoranda of understanding have been signed between the States to allow the use of Embassies and Consulates in third countries, in the development of the objectives of deep integration raised in the Pacific Alliance.
Cooperation
-- The objective of the Working Group is to promote cooperation and exchange of experiences in tools that foster trade and investment flows, as well as productivity, competitiveness and economic development among our States. The aim is to promote compliance with the best practices and international standards in these areas.
Group achievements and management
| Mobility Platform and Academica | Since 2013 3 calls have been made for the academic mobility platform through which a total of 444 have been awarded, as well: Chile-156 scholarships (109 undergraduate and 18 postgraduate); Colombia-80 scholarships (71 undergraduate and 9 postgraduate); Mexico 127 scholarships (109 Undergraduate and 18 postgraduate); and Peru-81 scholarships (76 undergraduate and 5 postgraduate). | ||
| Fund | On May 22, 2013, the "Agreement for the Establishment of the Cooperation Fund of the Pacific Alliance," where the creation of a cooperation fund that will be constituted by the annual contributions of the 4 countries, as well as possible contributions from the third parties. The initial contribution for the first year will be $250,000 USD per country, which can be increased annually. This agreement that already completed the internal procedures for ratification in the other countries is pending approval in the Colombian Congress. | ||
| Other Projects | Proposal for developing a project on sports diplomacy: Goal, sport promotion and the exchange of best public policies in the field, emphasizing the participation of children and young people. | ||
| consumption project: Goal, cooperation in public policy to direct economies towards environmental sustainability and contribute to the competitiveness of our countries. | |||
| Project on Culture: Objective, a joint culture program that contributes to the global projection of the Alliance of Pacific. | |||
| Volunteering: Objective, share experiences on this issue of impact on the social cohesion of young people Alliance. | |||
| Research Network on Climate Change: Goal, formulate and develop a follow-up project, mitigation and prevention of climate change and its impact on the region. | |||
-- The project was developed: "Synergy among the countries of the Pacific Alliance for the improvement of the competitiveness of the MSMEs", in which the governments of each Member State exchanged support programs applied to these companies. As a result of this initiative, the programs "Red Mover to Mexico" and "Chile Atends" have been a starting point for Colombia in the creation of the National Entrepreneurship Network known as "Emprende Colombia".
Tourism
-- A tourism cooperation agreement was signed at the end of August 2012, the aim of which is to strengthen and develop cooperation relations based on the design of initiatives that seek to increase the flows between participants, with emphasis on adventure and nature tourism; sports tourism, sun and beach tourism, culture tourism and organized tourism for groups; tourism of events and conventions.
the States have worked on the joint promotion of their tourist destinations, which will benefit Colombia by attracting an outstanding number of tourists who already visit Mexico, Chile or Peru. In 2013 the number of tourists visiting the Pacific Alliance countries amounted to 33 million people who had Mexico as their main destination.
Trade and integration:
-- The Pacific Alliance states signed the Additional Protocol to the Framework Agreement, last February 10 in Cartagena. This Protocol contains the outcome of the negotiations on the trade of the Pacific Alliance and will be considered by the Congress of the Republic at an early date. Some of the commitments arising from the trade protocol are as follows:
-Tariff Weighty: Currently the level of depth in the free trade of goods is high among the States of the Pacific Alliance. For the case of Colombia, free trade agreements have already existed with Mexico (since 1995), with Chile (since 1993) and with Peru in the framework of the Andean Community (since 1969-1997) and 95.2% of the tariff universe. The trade protocol of the Alliance, which is not the subject of this bill, proposes the elimination of the duties of a remaining 4.4% of the Colombian tariff universe, with the objective of approaching the free movement of goods within the framework of the mechanism.
-Rules of origin: The objective is to achieve greater access of goods through a source chapter that contains more flexible and clear rules, which make it easier for the productive sectors to access the preferences agreed in the framework of the Pacific Alliance. Also, to take advantage of the supply of raw materials in the region and thus to promote the accumulation between the Parties, in order to generate productive chains and to promote the integration of Colombia into regional and global chains of value.
-Health measures: The objective is to advance the processes of health eligibility and to deepen the disciplines (regionalization, harmonization, equivalence, risk assessment, transparency, MSF Committee) to improve standards and standards for health access between the Alliance States and against third countries. It is also contemplated to develop mechanisms of technical cooperation that will allow Colombia to incorporate better practices from the health systems of the other member states of the Alliance, in order to raise our standard and power comply with the requirements of more demanding markets.
-Trade facilitation and customs cooperation: The objective is to establish measures at the customs level to facilitate the movement of goods. It will also establish measures at the level of customs cooperation to allow the exchange of information between customs, in order to prevent illicit activities. The activities carried out within the Alliance have led to greater interaction between customs authorities and increased exchanges of information to facilitate trade formalities.
-Technical barriers to trade: The goal is to obtain effective access to the other markets of the Alliance by eliminating unnecessary barriers to trade. Similarly, the elimination of these barriers within the Alliance could mean greater access and projection of Colombia to third markets.
-- On the other hand, understanding the importance of technical norms and regulations in international trade, the States decided to initiate work to improve the compatibility between the regulatory systems, sharing experiences and good practices. This has led to the rapprochement between authorities: an Inter-Agency Agreement on Cooperation between the four health authorities of the States of the Alliance was signed on 20 June 2013, which will promote the elimination of obstacles and the facilitation of trade, with an emphasis on protecting the health of the inhabitants of the Alliance.
Services and investment:
-- In October 2012, the Joint Committee on Services and Investment initiated activities, which allows interaction with the private sector to identify actions and adopt measures that contribute to the improvement of the investment climate and the trade in services in the Pacific Alliance. The activities started by launching a strategy to disseminate the benefits and functions of the Committee with the private sector through the Business Council of the Pacific Alliance and the establishment of contact points in each State.
External Binding
-- The Technical Group on External Relations was not created in order to design a structured strategy to develop the relationship of the Pacific Alliance with the 30 Observer States (currently) that will allow for a permanent dialogue and fruitful to promote the objectives of this integration mechanism. The linkage with the Observer States will be developed in the pillars of the mechanism: free movement of goods, services, people and capital and the pillar of cooperation that includes the areas of science and technology, education, infrastructure, environment and SMEs.
-- Following the mandate of the Foreign Ministers, it was decided as a strategy of engagement to hold meetings with each of the observers in different stages. The first meeting took place between 7 and 8 April 2014 in Lima, Peru; with Australia, Canada, Korea, China, Spain, the United States, France, Japan and New Zealand, and priority areas of work and cooperation with these countries were defined. States.
Pymes:
-- Highlighting the importance of small and medium-sized enterprises as engines of economic growth and job creation, the Alliance has fostered exchanges of experiences and good practices in public policy for SMEs. Equally, it has worked on identifying support mechanisms to ensure that these companies benefit from the opportunities offered by the Pacific Alliance and international markets.
Promotion of the Pacific Alliance:
Through a joint effort, the promotion agencies of the four Pacific Alliance States[5] [1] seek to promote the initiative through intra-alliance and third-party promotional activities. commercial, foreign direct investment and tourism, as well as the establishment of joint commercial offices abroad and supporting the initiatives of the Business Council of the Pacific Alliance.
-- In 2012, the agencies held seven joint seminars in areas of common interest, attended by 710 entrepreneurs, joint promotion activities at international fairs (such as Fine Foods in India, Sial in France and Sabores de la Alliance in Mexico).
-- Under the Pro Tempore Presidency of Colombia, during 2013, 33 joint promotion events were developed in trade and investment that impacted approximately 5,178 entrepreneurs in 22 markets. Twenty-four of them were trade or investment opportunities seminars (there were 2,583 entrepreneurs in 18 countries). Additionally, the following activities were performed:
Promotion Activities 2013
| Business Forums attended around 573 entrepreneurs | I Business Meeting of the Pacific Alliance in the framework of the 7th Summit of Heads of State in Cali. It had the participation of 334 CEOs from 14 countries. |
| Pacific Alliance Business Forum: In the framework of the UN General Assembly in N. Y. 239 U.S. CEOs were assisted. | |
| I Forum for Entrepreneurship and Innovation LAB 4 +, with the participation of 40 internationally renowned exhibitors, 12 venture capital institutions and one group of 60 entrepreneurs from the four countries. | |
| A macro-wheel of business | With the participation of 722 of the Alliance countries, of which 486 were exporters and 236 buyers. |
| About 3,800 business appointments developed | |
| The shutdown left a positive report of intra-alliance business expectations of approximately USD$ 116 million exceeding the target initially set. was USD $80 million. | |
| Other Activities | Activating in Peruvian Supermarkets- promotion of the food and tourism products of the 3 countries in 8 Vivanda supermarkets. |
| Production of the investment and tourism promotion commercials that were launched on the US network CNN, within the framework of the Business Forum of New York. | |
| Production of the Cartilla of Opportunities in Trade and Investment: "Pacific Alliance: Integration, Growth and Opportunities" in English, German, Mandarin and | |
-- Colombia participated with the other member states of the Pacific Alliance, at the business forum organized by the promotion agencies in New York City in the framework of the United Nations General Assembly in September. of 2013.
-- During 2014, it has continued with the development of activities that encourage exports, FDI and tourism to the States of the Alliance with the development of seminars and participating in more agro-industrial fairs. The following table shows a summary of the activities for 2014.
Promotion Activities 2014
| activities made until April 2014. | 11th Business Link, February 19-Osaka, Japan |
| Launch of the Pacific Alliance Joint Trade Office in Turkey | |
| ProMexico Global, March 25 and 26-Mexico | |
| activities to perform | 27 seminars business and investment opportunities in 18 markets. |
| 5 international agro-industry fairs and one of auto parts. | |
| II Business Macro-wheel in Puerto Vallarta (10 and 11 June) | |
| II LAB 4 + Forum, whose headquarters will be Colombia. | |
| Tour Operators of the Pacific Alliance (Turistica Turistica-ANATO) | |
| I Macrowheel of Tourism of the Pacific Alliance, whose headquarters will be Cali. | |
-- Agencies have opened a joint promotion office in Istanbul, Turkey, which has been working since mid-2013 and are bringing forward work for the opening of a second joint office in Morocco, Casablanca, which for Colombia It means positioning in strategic markets where there was no presence through commercial representations.
4. CHARACTERISTICS OF THE FRAMEWORK AGREEMENT.
The Agreement establishing the Pacific Alliance is an international treaty that provides a legal framework and institutionalizes the "Pacific Alliance"; it defines its objectives and the actions to be taken to achieve these objectives, The Council of the European Union, the Council of the European Union, the Council of the European Union, the Council of Europe, the European Parliament and the Council of the European Union, the European Parliament, the Council and the European Parliament, Member States, rules the way in which it may be amended and lays down rules on its entry into duration and duration.
Likewise, it establishes its members as essential requirements for participation in it, the validity of the rule of law, democracy and constitutional order, the separation of state powers 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 and cooperation. movement of people.
The Framework Agreement establishes the following actions by which, among others, the Alliance works in the pursuit of 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 advance 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 an 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 and flexible 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 Framework Agreement provides for the possibility and defines parameters for the development of relations with third parties and the incorporation of other States as observers.
The process of deep integration of the Alliance has drawn the attention of the international community. To date, 30 states on all continents have been accepted as observers in the Alliance[6], including states of the hemisphere and other extraregional, who have shown interest in learning about the activities that They carry out the work of the Alliance, as well as to engage in more dynamic relationships through cooperation mechanisms.
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, Mexico and Peru. The trade agreement with Colombia is signed and in the legislative process for internal approval. Panama has Free Trade Agreements with Chile and Peru and partial-scope agreements with Colombia and Mexico. Currently, the Free Trade Agreement with Colombia is signed and in the legislative process for internal approval.
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 was founded are to be analyzed.
5.1 Constitutional powers of the Executive and the Legislative Branch in the field of 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[7]. 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 foreign 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[8]. 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.
analysis of the constitutional text shows that the functions of the executive, the legislative branch and the judicial branch are clearly defined in the Political Constitution in the area of negotiation and the conclusion of international treaties. 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 Branch submits to the consideration of the Congress of the Republic the present bill of approval for the approval of the Framework Agreement of the Pacific Alliance.
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 complies with the constitutional mandate of the 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 States. 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 internationalisation of political, economic, social and ecological relations " on the basis of equity, reciprocity and national convenience, "while 227 authorizes" economic, social and political integration with the other nations "[9].
Later in the C-155 2007 Statement[10] 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 will be promoted with the other states, (...).
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 evidenced by the literal tenor of the articles 1or href="ley_1721_2014.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 the Latin American States.
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, reciprocal obligations aimed at peaceful coexistence and strengthening relations of cooperation and mutual aid "[11].
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. (...) "[12] (emphasis outside the 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 voluntarily and freely to meet 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.
The Pacific Alliance is a deep integration project between four Latin American states, Colombia, Mexico, Chile and Peru, with a view to building a deep integration area for the circulation of goods, services, capital and people. and become a political, economic and commercial platform and projection to the world, with special emphasis on the Asia Pacific.
The Framework Agreement presented again for consideration by the concrete Congress and allows the birth of a trade integration instrument linking Latin American States, which must be seen as an opportunity historical to promote the decentralized development of our States through the generation of regional economies in the areas of influence of the axes of integration and development.
The Framework Agreement that is the subject of this Draft Law of the Treaty is necessary in order 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 states in the region that share the principles of the Alliance and 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 states 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 block 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 Pacific Alliance States as an attractive destination for global investment and tourism and to join efforts in bringing the Asia Pacific closer together.
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 states. In addition, the four states 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 Pacifico", subscribed in Paranal, Antofagasta, Republic of Chile, on June 6, 2012.
Of the honorable Congressmen,
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 "Pacific Alliance Framework Agreement", 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 "Pacific Alliance Framework Agreement", signed in Paranal, Antofagasta, Republic of Chile, the 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.
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 Commerce, Industry and Tourism.
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 agreements signed by Colombia with other States are being complied with and developed.
Article 2or. Each dependency of the National Government responsible for executing 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 shall be incorporated as an annex to any and all International Conventions that the Ministry of Foreign Affairs presents to the Congress.
Article 4or. 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, 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 "Pacific Alliance Framework Agreement", 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 "Pacific Alliance Framework Agreement", signed in Paranal, Antofagasta, Republic of Chile, the 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,
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, subject to revision of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada in Bogotá, D. C., on June 27, 2014.
JUAN MANUEL SANTOS CALDERÓN
The Deputy Foreign Minister of the Ministry of Foreign Affairs, in charge of the functions of the Office of the Minister of Foreign Affairs,
PATTI LONDONO JARAMILLO.
The Minister of Commerce, Industry and Tourism,
SANTIAGO ROJAS ARROYO.
* * *
1. Members of the ARCO Forum 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 to the international markets, p. 509.
3. Source: OEE Profiles-Min-CIT.
4. Comtrade UN.
5. [1] ProChile, Proexport Colombia, ProMexico, and Properú.
6. The Alliance Observer States are: Australia, Canada, the United States, Costa Rica, Panama, El Salvador, Guatemala, Honduras, Dominican Republic, Ecuador, Paraguay, Uruguay, China, South Korea, Japan, New Zealand, Germany, Spain, France, The Netherlands, Italy, Portugal, United Kingdom, Switzerland and Turkey, India, Finland, Singapore, Israel and Morocco.
7. Article 189. Numeral 2: Direct international relations; numeral 25: Appoint diplomatic and consular agents, receive the respective agents, and celebrate with other States and entities governed by international law Agreements or conventions to be submitted for approval by the Congress. "
8. Item 150, numerals 16 and 19 literal b. In addition to the above, and in relation to the congressional competence in this matter, article 217 of the Law 5th of 1992 or the Organic Law of Congress, states that the Legislative Assembly may approve, prove, request reservations or to postpone the entry into force of the Agreement.
9. C-309 statement of 2007 (M. P. Marco Gerardo Monroy Cabra).
10. C-155 statement from 2007 (M. P. Alvaro Tafur Galvis).
11. Constitutional Court. Statement C-621 of 2001. M. P. Manuel José Cepeda.
12. Constitutional Court. C-276 statement from 1993. M. P. Doctor Vladimiro Naranjo Mesa.
