2014 (December 26)
Official Gazette No. 49376 of December 26, 2014 CONGRESS OF THE REPUBLIC
Through which the "Additional Protocol approved the Framework Agreement Pacific Alliance ", signed in Cartagena de Indias, Republic of Colombia, on 10 February 2014. Effective Jurisprudence
THE CONGRESS OF THE REPUBLIC
having regard to the text of the "Additional Protocol to the Framework Agreement of the Pacific Alliance", signed in Cartagena de Indias, Republic of Colombia, on 10 February 2014.
(For be transcribed: true and complete copy of the Spanish text of the Protocol is attached in optical media, certified by the Coordinator of the Internal Working Group Treaty of the Directorate of International Legal Affairs, Ministry of Foreign Affairs document is on file this Ministry and consists of three thousand four hundred forty-five (3445) pages). BILL
through which the "Additional Protocol to the Framework Agreement of the Pacific Alliance" approved, signed in Cartagena de Indias, Republic of Colombia, on 10 February 2014.
having regard to the text of the "Additional Protocol to the Framework Agreement of the Pacific Alliance", signed in Cartagena de Indias, Republic of Colombia, on 10 February 2014.
(to be transcribed: true and complete copy of the Spanish text of the Protocol is attached in optical media, certified by the Coordinator of the Internal Working Group Treaty of the Directorate of International Legal Affairs, Ministry of Foreign Affairs, document rests in the archives of the Ministry and it consists of three thousand four hundred forty-five (3,445)
folios this bill consists of thirty-eight (38) pages and a CD
ADDITIONAL PROTOCOL tO THE AGREEMENT UNDER THE PACIFIC ALLIANCE... | EXPLANATORY MEMORANDUM ||
Honorable Senators and Representatives.
on behalf of the Government, and in compliance with the provisions of articles 150, paragraph 16, 189 paragraph 2 and 224 of the Constitution of Colombia we have the honor to submit for consideration by the honorable Congress the bill through which the "additional Protocol to the Framework Agreement of the Pacific Alliance", signed in Cartagena de Indias, Republic of Colombia 10 approved February 2014. I
. PURPOSE OF THE LAW.
The draft under consideration by the honorable Congress approving law aims approval "Additional Protocol to the Framework Agreement of the Pacific Alliance", hereinafter the Protocol.
The Pacific Alliance (AP) is a process of deep integration among four of the most dynamic economies in Latin America and the Caribbean, which seeks to move towards the free movement of goods, services, capital and people, as well as boost growth and competitiveness of the Parties and become a platform projection to the world.
The objectives and work areas of this mechanism shows that the AP is more than a trade agreement, is a comprehensive and focused not only on increasing trade, but in the full economic and social development of Member States initiative. This integration mechanism is based on trade and integration agreements in force between the Parties, seeking to deepen these commitments to achieve the goals of long-term mechanism has been proposed.
The Protocol of bilateral agreements between the four economies, harmonizes and unifies the rules to enhance and facilitate trade between the four states, but more importantly, the commitments made in this agreement meet the new challenges international trade poses. The Protocol on trade includes disciplines that enable accumulate the origin of goods between the Parties and thus expands the possibilities for the integration of our economy into regional and global value chains, the most effective way to take advantage of existing trade agreements, enter new markets, strengthen industry and increase competitiveness.
The AP is a mechanism of economic coordination, cooperation and integration initially between the Republic of Chile, the Republic of Colombia, the United Mexican States and the Republic of Peru, established in April 2011 and formally constituted and legally on June 6, 2012, with the signing of the "Framework Agreement of the Pacific Alliance", hereinafter Framework Agreement.
The AP more than a trade agreement, is a process of deep integration in economic matters with countries with which trade agreements already in force had more than two decades (Chile 1993, Mexico 1995, Peru 1969/1997) ago. That distinction is critical because the idea of the AP is comprehensive and focused not only on increasing trade, but in the full economic and social development of Member States.
The main objective of the AP is to form an area of deep integration to boost further growth, development and competitiveness of participating economies through progressive search for the free movement of goods, services, capital and people.
This mechanism has been established as one of the most innovative integration strategies in Latin America, being an open and flexible process, with clear, pragmatic and consistent goals with the development model and Colombian foreign policy. For the country, the AP is a cornerstone of its internationalization strategy, particularly in the Asia Pacific region.
The Protocol was signed in Cartagena in February 2014 and is the instrument by which the existing free trade deepens between Member States and bilateral agreements are modernized introducing some new topics that Colombia has great interest.
This Protocol is a decisive advance the goals of deep integration, including foster further growth, development and competitiveness of the economies of the States Parties instrument, which in the medium and long term seeks to lead to greater social inclusion and overcoming inequality, as is stated in the Framework Agreement.
To achieve these objectives, the AP Member States have committed to develop actions to advance the consolidation of a free trade area, facilitate and promote trade, promote cooperation between authorities and develop mechanisms cooperation to enable better use of Intra-Alliance trade.
This explanatory memorandum presents in paragraph three the importance of the Protocol, noting the strategic importance of this agreement, the representativeness of the signatories of this protocol economies and the importance for Colombia of this initiative. Subsequently, in section four it exposed on competition in negotiating such agreements, followed by a section on how the Protocol responds to the purposes and principles established in the Constitution. For its part, section six gives an account on the valuable participation of representatives of civil society during the negotiations and how the contributions from various organizations enriched the Colombian position. Finally, section seven detailing the content of the Protocol, stating the purpose and benefits of articulated agreed between the four states.
III. IMPORTANCE OF ADDITIONAL PROTOCOL TO THE AGREEMENT UNDER THE PACIFIC ALLIANCE.
A) Strategic importance
i) Strategy for Colombia in the global economy
The integration of economies and increasing globalization are phenomena in which Colombia is active protagonist. In 1991, Colombia had trade agreements with countries representing 0.5% of world GDP and access to a population of 60 million. In 2002, it only had deep trade agreements with the countries of the Andean Community (CAN), with Mexico and Venezuela (G3); that is, with just five of our major trading partners.
In the development of the internationalization policy the following agreements were concluded: Economic Complementation Agreement signed by the States Parties of MERCOSUR and Member States of the Andean Community (in force since 2005); Free Trade Agreement between the Republic of Colombia and the Republic of Chile (Additional Protocol to the Economic Complementation Agreement for the Establishment of an Expanded Economic Area between Colombia and Chile -ACE 24-, of December 6, 1993), was signed on November 27, 2006 and entered into force on May 8, 2009.
The Free Trade Agreement between the Republic of Colombia and the Republics of El Salvador, Guatemala and Honduras (Northern Triangle Central) was signed on August 9, 2007; with Guatemala entered into force on 12 November 2009, with El Salvador on February 1, 2010 and Honduras on March 27, 2010. On July 1, 2011 came into force the Free Trade Agreement between Colombia and two of Member States of the European Free Trade Association (EFTA) or EFTA, Switzerland and Liechtenstein. While trading was developed in conjunction with the four Member States of EFTA (Switzerland, Liechtenstein, Norway and Iceland), the implementation of the Agreement requires ratification by the parliament of each country. This condition has generated different progress in each country: Switzerland ratified the Agreement on 29 October 2009, Liechtenstein on 26 November 2009, Iceland on May 16, 2014 and Norway on 19 June 2014. The FTA
with Canada is in force since 15 August 2011 and since October 2012 is in effect the Agreement on Economic and Productive Complementarity with the Republic of Venezuela.
Moreover, the Trade Agreement between the Republic of Colombia and the United States of America entered into force on 15 May 2012.
Punctually, the Protocol contributes to the development of the strategy of insertion of Colombia in the global economy, by allowing the participation of our production in regional and global value chains. This means that our entrepreneurs will have the opportunity to be suppliers of intermediate goods for assembly and distribution of final goods in other countries, and opens the opportunity for our market receives input from our partners in the AP to be processed locally and exported to the region.
The strategy of internationalization of the economy has been complemented by the use policy of trade agreements, which implements the Achievement Center FTAs; the policy of export promotion tourism and investment, by Proexport; financing strategies of companies through BANCOLDEX, Finagro and the National Guarantee Fund; promotion policies and business, such as the Productive Transformation Program (PTP) which seeks, through public-private partnerships, strengthen the productive apparatus of Colombia, and Innpulsa that encourages innovation and entrepreneurship high impact to support development and promote business growth. All these programs and entities act in a coordinated way to make the most of the opportunities available in new markets.
This is how a positive macroeconomic environment as having Colombia, with a variety of trade agreements and a policy of active business development, has created a favorable environment for increased domestic and foreign investment. According to figures from the Bank of the Republic in the first quarter of 2014, foreign direct investment (FDI) were recorded in Colombia for $ 3,408 million. The sector of mining and quarrying received 23% of this investment, followed by manufacturing (20%), the sector of transport, storage and communications, and the oil sector (each with 19% share of the total).
At the end of 2013 FDI was recorded by USD 16,354 million (8% and 12% higher than the value recorded in 2012 and 2011, respectively) and a cumulative investment since 1994 of USD 124,397 million. The sectors of investment destination received by Colombia were: natural resources (primarily oil industry) with USD 4,909 million (30% share of total) and USD 2,977 million in the mining industry (18%) sector, the service sector with USD 5,591 million (34%) and the manufacturing sector with USD 2,586 million (16%).
Ii) Implementation of the National Development Plan
In the Development Plan 2006-2010 "Community State: Development for All", in Chapter IV, "High and Sustained Growth: the condition for equitable development" the government's strategy is deployed in international agreements. Within the component of international integration and trade facilitation, economic integration strategy is critical. It is stated that the signing of trade agreements art favors a stable environment in the legal, enabling increased business and investment, both domestic and foreign.
In the 2010-2014 National Development Plan "Prosperity for All", in Chapter VII transverse Support pieces of democratically prosperity in section B) on the International Match, productive insertion is set out in international markets, and within this the respective strategic guidelines, one of which is the negotiation, implementation and administration of international trade agreements are defined.
It is mentioned also that the implementation of this strategy will allow the removal of tariff and non-tariff barriers faced by Colombian exporters, and integration into international value chains. It also mentions the importance of defining clear rules with priority partners in related to trade in goods and services, ways to encourage and facilitate exchanges.
It also mentions the National Development Plan in the effort to diversify export destinations will be essential to develop a strategy for the Asia-Pacific coordinated by the Foreign Ministry and the Ministry of Commerce, Industry and Tourism. The initiatives developed within the framework of the AP are part of this strategic approach to Asia, especially if we consider that one of the objectives of this regional integration mechanism is "to become a platform projection to the world with special emphasis on Asia-Pacific ".
Another strategic guidelines established in the aforementioned National Development Plan is to strengthen the geostrategic relationships that help drive integration and development. Under this point, it is considered that the geographic and thematic diversification set the tone, seeking new opportunities for Colombian entrepreneurs, aspects that clearly answers the AP and specifically this Protocol.
Iii) Strategic Plan of the Ministry of Commerce, Industry and Tourism Sector Strategic Plan
The - PES 2011-2014, identified the following areas that support the Protocol: i) internationalization of the economy, with the aim of increasing and diversify foreign trade in goods and services and flows of foreign direct investment; ii) business development, aimed to create an enabling environment for Colombia to strengthen its production structure of goods and services that become competitive and innovative, and also contributes to the generation of formal employment and sustainable environment; and iii) Colombia World Class tourist destination, through sustainable development and improving regional competitiveness.
B) Economic importance of the Pacific Alliance
The AP has become the focus of Western Hemisphere countries they see as attractive and interesting establish relations with the Latin American market. In addition, the period of "democratic maturity" that has been presented in the four countries, as evidenced by achievements such as reducing poverty and especially the improvement in aspects of governance and institutions, which although does not imply highlights that democracies countries are perfect, increasingly have greater recognition that stability, moderation, commitment to resolving differences and conflicts, make this bloc of countries stand out above other economies in the region, as well as other emerging economies rest of the world.
In the case of Colombia, precisely the worldwide recognition of the peace process, which is expected to strengthen the democratic system in the country, builds confidence and international expectations regarding the economic opportunities that would bring the country to the armed conflict. 
- Economic characterization of the Pacific Alliance
Production Gross Domestic Product (GDP) of the AP, reached together in 2013 2.1 billion, representing approximately 35 % of total GDP in Latin America and the Caribbean. If GDP of each of the Member States of this integration mechanism is reviewed, Mexico introduced in 2013 the highest level of production with a GDP of US $ 1.3 billion (59% of total AP), followed by Colombia with US $ 382 billion (18%), Chile with US $ 277 billion (13%) and Peru with US $ 207 billion (10%).
The GDP of all Member States has been showing a recovery for the start of the 2010s, following the fall of 2009 caused by the global financial crisis. According to the estimate by the International Monetary Fund (IMF), between 2012 and 2013, a growth of 1.1%, 4.3%, 4.2% and 5% for Mexico, Colombia, Chile and Peru it was registered respectively.
- Inflation and unemployment
Overall, the states of the AP showed a 2.6% inflation has remained at moderate levels for more than four years and an unemployment rate that has declined steadily since 2009, reaching 6.8% in 2013. average inflation in the last five years stood at 3.1%, while the average unemployment reached 7.8% (see Chart 1) Discriminating by Member States, in 2013, Mexico had the highest inflation 3.9% while Colombia had the highest unemployment rate with 9.6%, but with a marked downward trend.
Graph 1. Inflation and unemployment Pacific Alliance
Source: IMF. MinCIT OEE calculations.
- Foreign trade of the Pacific Alliance 
Overall, the AP reported for 2013 total exports to the world of US $ 538.3 billion and imports reached US $ 541.7 billion . This total represents about 50% of trade in Latin America, and if you add that the commercial dynamics has been presented on par with consistent economic growth and levels of controlled inflation, the result is that the AP is a block it stands out for its relevance and potential, not only in Latin America but in the world.
In 2013, the main export items were crude oil (13.1% share in 2013), motor cars (6.0%), copper ores and concentrates (4.8%) and refined copper and copper alloys (4.0%).
On the side of imports, the main products were petroleum oils (excluding crude oil) (7.6% share in 2013), parts for vehicles (4.1%), mobile (3.8%) , motor cars (2.8%), electronic integrated circuits (2.5%) and data processing machines (2.3%) (see Figure 2).
Figure 2. Major trading products Pacific Alliance with the rest of the world
Source: WITS-COMTRADE. MinCIT OEE calculations.
By country, Chile in 2013 recorded exports of US $ 77,367 million and imports US $ 79,607 worth million. In 2013, its main export products were refined copper and copper alloys, and copper ores, with a share of 24.4% and 22.2% in export, respectively the total. The main imports were petroleum oils, including crude oil (16.8% in all of 2013), automobiles (5.0%), vehicles for the transport of goods (2.9%), telephony equipment (2.8%) and gas oil (2.2%).
In 2013, Mexico joined exports worth US $ 380,123 million and imports of US $ 381,210 million, the largest in the AP. In 2013, the main export products of the country were crude oil (11.3% in total 2013), motor cars (8.5%), parts for vehicles (5.4%), appliances telephony (4.7%), vehicles for transport of goods (4.6%) and data processing machines (4.6%). Imports in the same period as the main products were oils (not crude) oil (6.6%), parts for vehicles (5.4%), telephone equipment (4.0%), integrated circuits electronic (3.5%) and parts for monitors and projectors (2.5%).
For its part, Peru's exports in 2013 totaled US $ 41,872 million, while imports reached US $ 43,357 million. Peru in 2013, had as its main export products to gold (19.2% of the total in 2013), copper ores (18.2%), crude petroleum oils (7.9%), refined copper and copper alloys (5.0%), gas oil (3.8%) and fishmeal (3.3%). The main imports were crude oil, both raw and not raw (15.1% of the total in 2013), followed by motor cars (4.1%), vehicles for the transport of goods (3.6 %) and telephony equipment (2.9%).
Colombia, recorded in 2013 exports worth US $ 58,823 million, while imports amounted to US $ 59,381 million. The main products of exports in 2013 were: crude oil and oil than crude oil (54.4% of the total in 2013), coal (10.6%), gold (3.8%) and coffee (3.3% ). Imports are mainly divided between petroleum oils, not crude (10.7%), motor cars (4.7%), telephony equipment (3.9%), aircraft (3.4%) and automatic processors data (3.0%). Colombian trade balance was US $ 2.2 billion.
In the structure of exports of 2013, China and the rest of Asia are important recipients of the products sold abroad by the four countries, especially Chile, Colombia and Peru, representing 46.2%, 15.6 % and 29.7% of total exports, respectively. However, the United States is the main partner of Colombia and Mexico with 31% and 79% of total exports of each (see Figure 3).
The European Union is an equally important partner for the four countries, receiving 16.4% of Peru's exports, 14.6% of total exports from Chile, 15.7% of Colombia and 5.2% of Mexico. Moreover, the market in South America accounted for 16%, 15%, 16% and 5% respectively.
Figure 3. Export Destinations for Pacific Alliance countries
Source: Chile, Mexico and Peru: WITS-COMTRADE. Colombia: DANE DIAN. MinCIT OEE calculations.
Services Exports Regarding trade in services, it is important to note that Latin America in general and especially the Member States of the AP, represent a very interesting market for the exportable supply of services for our Colombia cultural affinity, language and favorable geographical location.
Services exports in 2013 reached US $ 12.8 billion in Chile, US $ 5.8 billion in Colombia, US $ 19.6 billion in Mexico, and US $ 5.8 billion in Peru.
The main services exported by these countries in these periods were: transport (53% of the total in Chile, 28% in Colombia and 24% in Peru) and travel (18% in Chile, 45% in Colombia, 79% in Mexico and 52% in Peru) (see Figure 4).
Figure 4. Export of services for Pacific Alliance countries
2012. Data Source: WTO. MinCIT OEE calculations.
As imports of services, these amounted in 2013 to US $ 16 billion in Chile, US $ 11.1 billion in Colombia, US $ 31.6 billion in Mexico and US $ 7.7 billion in Peru. The main imported services are those for transport, travel and business services.
- Importance of bilateral trade in Colombia with the Pacific Alliance
For Colombia, the Member States of the AP represent a market of 168 million people and constitute a group of economies grew by an average 5.3% 2012 and 3.7% in 2013  and presented an unemployment rate below 7% in 2013. within the total
trade in Colombia, the AP in 2013 represented 6.3% of exports and 12 , 2% of imports  (see Table 1).
Table 1. Participation of intra-Alliance in total in 2013
Source: Chile, Mexico and Peru: WITS-COMTRADE; Colombia: DANE-DIAN. MinCIT OEE calculations.
By 2013, our country had a $ 3,709 US exports million towards the other countries of the AP and imports of US $ 7,270 million, for a trade balance -3,274 million (see Table 2). This deficit was lower in US $ 152.6 million compared to that recorded in 2012 when it reached US $ 3,426 million, with exports to Mexico which registered a better performance which allowed the deficit with China was reduced by US $ 963 million.
However, 37% of imports from Mexico corresponds to goods not produced in Colombia. and almost half (46%) of total purchases in that country relate to inputs and capital goods that allow the domestic industry provisioned and have the tools to transform raw materials that eventually exported to other markets or sold on the domestic market.
Table 2. Colombia bilateral trade with countries of the Pacific Alliance in 2012 and 2013
Source: DANE-DIAN. MinCIT OEE calculations.
In 2013, the highest exports to Chile had reached US $ 1,571 million, ie 42.4% of total exports to the AP.
Chile is a market of great interest to our business, which is evidence that by 2013, industrial exports to Chile grew 10.5% over the previous year. In the last year our country gained share in this market, accounting for 0.9% of total industrial imports from Chile, then between 2005 and 2012 the share was around 0.75%. Particularly we highlight the products of basic industry and the automotive industry recorded positive changes in sales to the Chilean market.
In order of importance, they continued exports to Peru with US $ 1,273 million, representing 34.3% of exports to the AP. This market has been of traditional importance for Colombia, it is a leading buyer of basic chemical products, soaps, cosmetics and machinery, showing that it is a destination of interest to our value-added goods.
Finally, sales to Mexico totaled US $ 864 million, ie 23.3% of the total. With this market an increase in sales of both agricultural and industrial goods in the period 2012-2013 was presented and stresses that our entrepreneurs sell the automotive sector goods, basic chemicals, clothing, soaps and cosmetics.
Between 2009 and 2013, the main export products to our partners in the AP were crude oil (20.8% on average of total bilateral trade), coal, hard coal and derivatives (14.4%), sugar (5.7%), propylene polymers (3.0%), motor cars (2.9%) and drugs (2.5%).
Meanwhile, imports from the AP came mainly from Mexico, with a value of 5,496 million, representing 75.6% of the total; followed imports from Chile, with US $ 903 million, 12.4%; and near those of Peru with US $ 870 million, 12% (CIF million dollars).
The main products imported from these three markets were monitors and projectors (9.3% on average of total bilateral trade), motor cars (6.7%), oil (not crude) oil (5.9% ), tractors (4.8%), vehicles for the transport of goods (4.0%) and telephony equipment (3.6%).
Figure 5. Trade in Colombia with Pacific Alliance - Major Products
Source: DANE-DIAN. MinCIT OEE calculations.
- The Pacific Alliance, a major investor in Colombia
The four states of the AP represent about 47% of FDI in 2013 came to Latin America with US $ 85,488 million. FDI is directed by 32% to natural resources sector to the manufacturing sector 39% and 27% in the service sector . The whole block received from the rest of the world, between 2008 and 2013, Foreign Direct Investment by US $ 387,279 million. Mexico and Chile were the largest recipients of this investment with US $ 148,265 US $ 116,375 million million total, respectively. It is followed by Colombia with US $ 70,186 million and Peru, with US $ 52.454 million .
The investment of the States of the AP in the world, between 2008 and 2013, it totaled US $ 182,885 million. During this period, Chile and Mexico were the main investors, with US $ 79,350 and US $ 73,854 million million, respectively, followed by Colombia (US $ 28,077 million) and Peru (US $ 1,604 million).
In recent years, for the States of the AP the investment flows abroad are typically less than those received from the rest of the world, highlighting the importance of investment for developing countries.
Clear rules and legal stability that reaffirms the trade protocol will facilitate increased FDI Intra-Alliance, while this factor coupled with the ability to access an expanded market made up of the most dynamic economies in Latin America , which in turn have an important network of trade agreements with third countries, the AP become a magnet for attracting FDI from countries that are not part of this integration bloc.
Figure 6. Foreign Direct Investment in Pacific Alliance
Source: UNCTAD. MinCIT OEE calculations.
With regard to Colombia, the States of the AP represent a major destination for investment, while they are important as a source of investment for the country. In Figure 7 investment flows to the AP observed together between 2010 and 2013, year to year and totals.
Figure 7. Colombia investment flows 
Source: Bank of the Republic. MinCIT OEE calculations.
Total, between 2010 and 2013 in Colombia were received from the AP flows of Foreign Direct Investment (FDI) of US $ 6,147 million. For 2013, FDI flows from the States of the AP in Colombia accounted for 6.1% of the total, amounting to one billion dollars. Meanwhile, Colombian flows to the countries of the AP total investment reached between 2010 and 2013 the US $ 6 billion; 2013 these flows accounted for 17.6% of total Colombian investment abroad.
Records Bank of the Republic of foreign investment in our country the AP show that in the period 2001-2012 the real estate sector and the financial sector accounted for most investment, followed by the commerce and industry sector.
C) Contents of Trade Protocol and outstanding results
While section seven of this preamble the content of each of the chapters of this Protocol and reference to the benefits that each of these chapters offers, then made detailed some of presents the most prominent and opportunities offered by this agreement to the Colombian economy results.
The Protocol was signed in Cartagena contains 19 chapters,  several of which were already regulated bilaterally between states, with varying degrees of depth. Through this agreement seeks to extend and make better use of the existing free trade among members and also modernizes existing bilateral agreements introducing some new topics that Colombia has great interest.
Currently around 92% of the goods traded Colombia and the United AP circulate without paying tariffs. Thanks to the liberalization of trade in old data, markets the AP are those that most of our exports is directed with high added value and intensive employment generation such as automobiles (AP represents 58% of total exports - US $ 313 million in 2013), plastics (AP represents 20% of total exports - US $ 324 million in 2013), paper and articles thereof (AP represents 27% of total exports - US $ 178 million in 2013), and cosmetics (AP represents 38% of total exports - US $ 204 million in 2013).
The Protocol deepens these commitments on market access. For example, trade in goods in bilateral with Chile, Colombia did not have free access to the market on 41 products and in the case of Mexico Colombia did not have tariff free access in 413 subheadings (3% of the tariff) in AP almost all those goods are included in the release program and others are excluded (sugar and some sugar products).
Given the advanced state of bilateral relations in the tariff reduction, AP greatest achievement is that it introduces a fundamental to compete in a world of globalized production element: the possibility of accumulating the origin of goods between four States. For example, today a garment manufactured from any region of Colombia who wants to be sold without paying tariffs in Mexico must be made of fabrics produced solely in Colombia or Mexico (with some exceptions). If the garment wants to be sold in Chile the material must originate in Colombia or Chile, and so on. This situation introduces serious inefficiencies in our production countries must carefully select suppliers depending on where you want to export, increasing production costs and reducing competitiveness.
The AP solves this problem and allows intermediate goods and inputs of any State of the AP in the final well be incorporated to export to any of the Member States. This is a true expanded market that responds to modern production schemes and allows Colombia inserted into regional and global value chains.
It is also important to note the results in the following areas:
- Rules of origin: In addition to the possibility of accumulating the origin within the PA, as mentioned above, clear rules of origin were agreed, unified and balanced to serve the interests of Colombian producers. On the other hand, a short-supply mechanism for the textile / clothing that did not exist Peru and Chile and the procedure for granting the existing exemption in the case of Mexico is streamlined set. This achievement is essential to ensure the provision of non-produced for the clothing industry in Colombia, which generates about 416,000 jobs (2013) inputs.
- Public procurement: is a new chapter with Peru and improved against it negotiated with Mexico in the bilateral agreement, which will allow Colombian companies tender in Peru on equal footing with local businesses and facilitate contracting with the Mexican government through greater transparency required by the agreement. It is worth mentioning that today great interest in Peru Colombian investors who are trying to tender in that country and are facing difficulties because of not having a chapter on public procurement in force is recorded.
Negotiation procurement of AP consolidates access to a market of US $ 70 billion (5 times the size of the Colombian market), for domestic companies, through provisions such as the ability to accumulate origin with others AP members to bid with the state in either Party. transparency rules set out in the information available to businesses which will facilitate market access to Mexico where information was scarce and confusing. States acquired work commitments to improve access of SMEs to public procurement of other members AP and generally to cooperate in seizing opportunities together. One should not forget that Colombia reserves the possibility of opening tenders only for Colombian SMEs.
- Sanitary and Phytosanitary Measures (SPS): Updates and improves SPS chapters established in bilateral in one common chapter. an instance of technical questions that must be addressed in 45 days is created. If a satisfactory solution is not reached the dispute settlement mechanism of the agreement is activated. The SPS committee will meet for the first time 90 days after the effective date and then at least once a year. The committee must submit to the Cabinet a progress report and addressed issues fail.
It is established that states must accept self-declarations from the health authorities of the other Members, on regionalization. Additionally it was determined that the Parties shall apply the accelerated procedure risk assessment, recognized by international organizations, which implies a reduction in the time and formalities necessary for admissibility AP to another country. In addition, the Parties undertake, once you start the process of risk assessment, report the time it will take and the steps which will take the process, thereby promoting transparency.
- Technical Barriers to Trade (TBT): a single chapter of OTC States PA is established and several provisions of Chapters OTC existing trade agreements between Colombia and Member States of AP are updated. By TBT chapter a new legal framework to facilitate access of Colombians to the other states of the AP products is instituted.
- Trade facilitation: No had a facilitation chapter in the FTA with Mexico. Under the provisions of this chapter are simplified and streamline customs procedures and the Parties undertake to clear the goods within 48 hours after arrival. The State undertakes to implement advance rulings to give certainty to users on tariff classification and valuation and origin. Similarly, mechanisms for the customs authorities to share information to prevent and combat violations of customs laws are established.
States pledged to work on the interoperability of the PSCs, in issuing digital certificates of origin and mutual recognition of AEO, which will further contribute to the agility and ease of operations foreign trade.
- Financial services: This chapter, which does not exist in the bilateral with Chile, provides legal certainty to cross-border lenders and investors in the financial sector. This is especially important to protect Colombian companies now that Colombia has become a major investor in the Latin American financial sector. Keep in mind that the powers are safeguarded prudential powers of governments to regulate the sector.
- Maritime Services: This chapter is new with all the AP states, cooperation mechanisms are established to facilitate the carriage of goods and related services between the Parties, and seek improvement of logistics competitiveness Member states. Some highlights of the provisions of this chapter include non-discriminatory treatment of ships in ports and recognition of documents of ships and crew between Member States.
- Dispute Resolution Mechanism: The legal system of the AP coexists with the legal provisions of other agreements between Member States, so that the legislation does not abrogate AP or modify the rights and obligations of other bilateral agreements, regional and multilateral. It should be mentioned that in chapter agreed two new provisions aimed at resolving more agile and expeditious manner possible dispute.
The first is that the scope for handling emergencies expands significantly, since any dispute on matters of agricultural nature, shall be treated as an emergency. In this regard, whenever the inconvenience or breach of any obligation concerning agricultural products, cases are processed as urgent cases, ie that deadlines will be reduced by half.
The second initiative that emerged in the chapter is the participation of the Administrative Commission. When the requested Party had not responded to the request for consultations or even when having come to this stage, the parties do not reach an agreement, consensus and agree to attend the Commission may request his intervention in writing. This intervention would work as the participation of a third party to whom the parties can come asking their good offices to settle the dispute.
Sectors with the greatest potential Colombia's geographic position will allow the country to become a pivot of the AP, mainly for trade in value-added goods which relies heavily on logistics (transport time and costs ). Being in the heart of the AP makes Colombia an attractive investment destination for companies from third countries who want to take advantage of the expanded market largest Latin America (209 million people with average per capita GDP of nearly US $ 15 thousand).
Simple studies of potential yield the greatest benefits of the AP will be in the agribusiness sector: biscuits and bakery, chocolate, oil, pet food, beef, once you have access sanitario-, poultry farming - eggs- and dairy products.
Similarly, after a few years, two of the most important products of the Colombian offer, coffee and bananas, may enter Mexico tariff-free, the largest market in AP and which are currently excluded .
The potential of the PA to Colombia in trade, beyond traditional exports and mining and energy goods, highlighting manufactured and higher value-added products, such as in the case of drugs, insecticides, confectionery , palm oil and palm kernel oil, coffee products, tampons and diapers, paper, cardboard and printed, among others.
Similarly, the business sector has expressed interest offensive in the automotive industry, textiles and apparel, cosmetics and personal care products, mainly for the best rules of origin and progress on regulatory harmonization in these sectors.
Our cultural affinity, language and geographic location also facilitates exports to AP services sector. Within the export supply of Colombia it has identified potential in software in Peru, Mexico and Chile; graphic services to Mexico, engineering services to Peru and Chile communication. Taken together, the above services are professional services which were prioritized in negotiating the Framework Agreement.
Productive chains addition to the potential identified in particular sectors, deepening trade relations between the PA and the possibility of accumulating origin will strengthen the economic bloc to gain greater access to larger markets through various areas geographical: precisely by the Pacific Asian markets, especially China; the Atlantic and the Pacific to the United States and Canada, and the Atlantic to the European Union.
The strengthening of regional production chains will contribute to the positioning of this integration mechanism, taking advantage of the economic strength of the Member States that stand out within the strongest in the region. The provisions negotiated in the Protocol may allow the AP to strengthen in the export of agro-industrial products, light manufacturing, products and electronic components, data processing and assembled locally.
In the case of chains with Peru they have identified nine chances to enter China and Japan, mainly in the following glycerol for dyes and cordage and ropes of polyethylene and polypropylene Colombian Peruvian confections point and plastic containers pack asparagus and Peruvian fishing products (Colombia and Peru provides the input process because it already has FTAs with several Asian States).
As for linkages with Chile, to conquer the Asian Pacific have identified nine other cases to enter China, Japan, Australia and New Zealand in the following sectors: China: fresh and dried pineapples, Japan: food preparations for compotes , jellies and jams; glass containers; Australia: mixtures for cosmetics, supplies for making paper and cardboard multilayers; New Zealand: Plastic packaging.
In the case of the Mexican market, chaining opportunities to access new market segments US are mainly in parts for mobile phones and auto parts.
IV. COMPETENCE TO NEGOTIATE THE ADDITIONAL PROTOCOL TO THE AGREEMENT UNDER THE PACIFIC ALLIANCE.
A) constitutional powers of the executive and the legislature and the Constitutional Court in international trade negotiations
The article 9 of the Constitution of Colombia provides that "the State's foreign relations are based on national sovereignty, in respect for self-determination and recognition of the principles accepted by Colombia "international law.
Furthermore, Article 226 stipulates that the State "shall promote the internationalization of relations (...) economic (...) on the basis of equality, reciprocity and national interest" and Article 227 says that the State "shall promote economic integration (...) with other nations and especially with the countries of Latin America and the Caribbean through the conclusion of Agreements (...) on the basis of equity, equality and reciprocity (...) ".
For its part, Article 113 establishes the branches of government (legislative, executive and judicial), and determines that they are composed of bodies with separate functions that must work harmoniously together to achieve its aims  .
In terms of international agreements, Article 150 of the Constitution assigns to Congress the role to approve or disapprove the agreements concluded by the National Government and the issuance of general rules based on which the Government national should regulate foreign trade.  For its part, Article 189 (paragraphs 2 and 259) of the charter gives the President of the Republic such regulation and assigns the management of international relations and the conclusion of agreements with other States and entities of international law. [11 ]
From the above it follows that in international negotiations, the functions of the Congress and the President are specifically identified, are independent and harmonically concur: President directs international relations and concludes international agreements, and Congress approves or disapproves the agreements concluded by the Government, through the issue of approving laws.
The Constitutional Court has addressed this issue stating the following:
- Negotiation, adoption and presidential confirmation of the text of the Agreement:
On previous occasions this Court has dealt with setting the criteria to guide the discussion about the valid exercise of powers in negotiation and conclusion of international agreements, both in light of Colombian domestic law and international law agreements. Thus, in Judgments C-477 and C-204 1992 1993 on this topic he said:
"by the President of the Republic, in his capacity as Head of State, the lead role in the international relations of Colombia, appoint diplomatic agents and celebrate with other States or international law entities or agreements to be submitted for congressional approval. "
So, the President of the Republic, in his capacity as Head of State, has exclusive competence for the conclusion of international agreements:
But, of course, this does not imply that all steps necessary for the conclusion of international agreements, which are acts complex- be borne by the President of the Republic in the form direct, therefore, such an idea take hold, considerably trabaría handling international relations and the constitutional purpose of promoting them in the terms provided today by the Preamble and articles 226 and 227 of the Charter aforementioned would be impracticable. Bear in mind, moreover, that the wording of article 9 Ibid, foreign relations of the State are based on the recognition of the principles of Colombia accepted by international law. " (Emphasis added).
As expressed by the sentence, the conclusion of an agreement is a complex act that requires the concurrence of several performances at the head of the three branches. Indeed, it is up to the President, the negotiation and conclusion of the agreement to Congress approval thereof by issuing a law, and the Constitutional Court to exercise prior control of constitutionality of both the law approving the Agreement as the instrument itself international.
Addition to the above, and in relation to the competence of the Congress on this issue, Article 217 of the Law 5a 1992  states that the legislature may approve, disapprove, or request reservations postpone the entry into force of Agreement. The Constitutional Court declared constitutional this article and made the following clarifications on the independence of the functions of each branch in international negotiations is reiterated:
"However, the Court states that Congress can exercise this power provided when those statements do not amount to a real change in the text of the Agreement, since in such an event the Legislature would be invading the sphere of action of the Executive. Indeed, if Congress, in approving an agreement, made a statement rather than clarify the meaning of a clause or restrict its scope, on the contrary, it expands or overflows, would actually modifying the terms of the Agreement. It would not be then statements but amendments to the text of the Agreement that reason are prohibited by the Regulations of Congress (Article 217 Act 5 of 1992). In such event the Congress would violate the Constitution, since it is the Government that is responsible for directing international relations and celebrate with other States and entities of international law, agreements and agreements subject to the approval of the Congress (CP Article 189 ord . 2)". 
In conclusion, the President and Congress have separate but concurrent functions in international agreements, with the negotiation and signing of competence of the President of the Republic. Meanwhile, the Constitutional Court must carry out judicial review of the Agreement and its passing law.
Moreover, the Ministry of Commerce, Industry and Tourism, in development of article 2 (General Functions) of Decree No. 210 of 2003, is responsible for "Promoting trade relations of the country abroad and chair the delegations of Colombia in international trade negotiations forward the country. (Emphasis added).
With a view to instrumentalize this function, the Ministry of Commerce, Industry and Tourism (MinCIT) issued Decree No. 4712 of 2007 "by which some procedural aspects of international trade negotiations are regulated". In Chapter I of this standard the regulatory framework of the negotiating team, ie, its conformation (article 1), its actions (Article 2), the coordination team and the appointment of a chief negotiator (article 3), is granted and as the different thematic committees that comprise (article 4).
In compliance with this decree, the MinCIT coordinates the establishment of the negotiating team-which is composed entirely of public and private servers in the exercise of public functions appointed by the various entities of the executive branch of national-order.
All team members are actively involved in shaping the country's negotiating position, and additionally must defend throughout the negotiation process objectives, interests and strategies which make up this position.
Similarly, the decree regulates in detail how Colombia's negotiating position with the concurrence of the different agencies of the Colombian Government (Chapter II) is formed, the participation of departmental, municipal and district (Chapter III ); and the participation of civil society in the negotiation process (Chapter IV).
V. ADDITIONAL PROTOCOL TO THE AGREEMENT UNDER THE PACIFIC ALLIANCE AS DEVELOPMENT GOALS AND constitutional principles.
A) Principles of equity, equality, reciprocity and national enshrined in the Constitution:
To start the analysis of the principles enshrined in the Constitution that materialize with the signing of the Additional Protocol in question, it is appropriate to refer to Article 150, paragraph 16, Article 226 and Article 227 of the Constitution, enshrining the principles equality, reciprocity and national interest as guiding negotiations of international agreements, including commercial content, such as the "Additional Protocol to the Framework Agreement of the Pacific Alliance. These principles form the basis on which the trade agreements that the country has negotiated are based, as evidenced below: Equity
The principle of equity in international trade agreements content has been ruling by the Constitutional Court. According to the statement by the Corporation, the recognition of differences in levels of development of the economies of the States Parties on a free trade agreement or economic integration is embodied, for example, with different periods of relief under the levels of sensitivity and development of economic sectors within each country. This is reflected in an asymmetric treatment that seeks to mitigate the economic effects that may experience certain sectors. This has been taken into consideration in the Protocol submitted today for consideration by the honorable Congress.
You established the Constitutional Court can not be conceived in our legal bilateral and multilateral agreements to which the benefits are only one of the States Parties; or operate certain concessions in favor of a State and to the detriment of another. By contrast, under the principle of equity, international trade agreements must allow mutual benefit of States Parties  in terms of material justice for the purpose of achieving a certain level of real equality between the Parties. On this fundamental, the Government has proceeded following established parameters throughout the negotiation process of this instrument.
On the other hand, although no concrete definitions of jurisprudential origin of the principle of equity, we can conclude from the case law that this notion is close to that of reciprocity, and in the particular context of this Protocol are complementary and inseparable the one another. This is evidenced in Judgment C-864 of 2006, MP, Dr. Rodrigo Escobar Gil, in which the Constitutional Court refers to the principle of reciprocity as follows:
"In relation to the principle of reciprocity provisions Superior in the same provision, it should be noted that the obligations assumed by States Parties under this Agreement of Economic Complementation keep a mutual correspondence and do not bring an unfavorable or unequal condition for any of them . Indeed, the clear, unambiguous and timely determination of the conditions and requirements to qualify the origin of a product or service as "original" or "precedent" of the Member States, as provided for in Article 12 and Annex IV of that Agreement is essential to ensure that principle of reciprocity element because thereby prevents tariff preferences granted to goods from countries other signatories that are not granting any commercial benefit ". (Underlined are not the text).
A weighted reading of the agreement in the light of the comments made by the Constitutional Court on the principle of equity, in the particular case, suggests that the Protocol complies fully with the requirements in this regard emanate from the Constitution of Colombia therefore advocate precisely because the country's development through an alliance of economic complementarity, while recognizing asymmetries and creating specific mechanisms for overcoming them, with a strong interest in social welfare. Reciprocity
As already mentioned, reciprocity has an intimate relationship with the principle of equity. Under it, international trade agreements must allow mutual benefit of States Parties. You can not conceive of bilateral and multilateral agreements to which the benefits are for only one of the States; or all the concessions operate in favor of a State and to the detriment of another.
It is important to emphasize that what must be reciprocal and equitable under the Constitution is the international agreement fully seen, why not be conducive analyze compliance with the principles from isolated clauses. For example in Judgment C-564 of 1992, the Constitutional Court stated that:
"(...) The reciprocity should be understood in two ways, one strict, explained as the requirement of advantages in order to give concessions. In its broadest sense, which can be termed as "multilateralised reciprocity", it is accepted that any preference be extended to all participants, creating a mutually beneficial relationship between each of the participants (...) ".
So things and at the discretion of the Constitutional Court cited above, in international agreements concluded Colombia a system of mutual concessions and maps must be developed, ensuring that obligations are reciprocal and agreed compliance mandatory for Parties.  The Protocol adopts the principle of reciprocity, since the obligations assumed preserve a mutual correspondence and do not bring an unfavorable or unequal condition for any Party. National Convenience
Under the principle of national interest also enshrined in Articles 150 (paragraph 16), 226 and 227 of the Constitution, the internationalization of the country's relations should be promoted by the government at interest Nation own, and those that appeal to the profit and general interest.
Free trade agreements are important pieces to achieve sustained economic growth necessary to reduce unemployment and poverty. The Protocol, which has the character of free trade agreement, along with other agreements of this kind that have been negotiated by Colombia, helping to improve and leverage economic growth seeking the country by expanding trade and attracting foreign investment.
From the Development Plan 2002-2006, approved by the Congress, the country began an active process that seeks to build business relationships founded on the basis of free trade agreements to ensure clear, permanent rules and real access and effective products to the international market.
In the Judgment C-309 of 2007 (MP, Dr. Marco Gerardo Monroy Cabra), the Court conceptualized that the adoption of such agreements itself responding to a dynamic imposed worldwide and therefore integration:
"(...) is adequate to the purposes of the Policy and Charter coincident with the purpose assigned to the State. Under these conditions, it is worth repeating what was said by the Constitutional Court to note that the economic development of nations moving towards integration, since this seems to be the only possible future market scenario. "
Referring to the principle of national interest, the Constitutional Court in Judgment C-864 of 2006 (MP, Dr. Rodrigo Escobar Gil), stated:
"Similarly, he argues that this international instrument complies the principles of equality, reciprocity and national, laid down in Article 226 of the Constitution and that in accordance with the established case law of this corporation- should inform the work of promoting international economic relations, which implies that the obligations through these documents are reciprocal and that both the government and the Congress have concluded that the nation will benefit from the agreement "(emphasis added).
The Protocol also conform to these goals and objectives, it is highly desirable to Colombia because it will facilitate the consolidation of trade relations with the member states of this mechanism of deep integration, as discussed throughout this document.
B) The Additional Protocol to the Framework Agreement of the Pacific Alliance meets the constitutional mandate to promote the internationalization of economic and trade relations
The Protocol is compatible with the constitutional mandates that the State imposes the duty to promote the internationalization of trade and economic relations by concluding agreements of economic integration.
The 1991 Constitution promotes the integration of Colombia with other states. The Constitutional Court has addressed the issue as follows:
"Article 226 of the Constitution expressly commits the State to promote" the internationalization of political, economic, social and ecological relations on the basis of equality, reciprocity and the national interest ", while the 227 authorizes the" economic, social and political integration with other nations. "
Later in the Judgment C-446 of 2009  where the constitutionality of Law 1241 of 2008 by which the Free Trade Agreement between the Republic of Colombia and the Republics of the approved analyzed Salvador, Guatemala and Honduras, said the Court:
"with regard to economic and trade integration, Article 226 of the Constitution commits the Colombian government in promoting" the internationalization of political, economic, social and ecological "while Article 227 authorizes 'economic, social and political integration with other nations'. This means a term of action for economic internationalization product of necessity imposed by the world order to promote this type of trade relations, which prevents countries retract on themselves, at the risk of falling into a 'ostracism turn them into a kind of pariah of international society. In that vein, the internationalization of economic relations becomes a fact necessary for the survival and development of the states that transcends ideologies and political agendas'. "
As follows from the previous text, the Constitution, and the Court made a special emphasis on the importance for the state conducting its international relations seeking to consolidate economic and trade integration of the country. It is clear that this is mainly implemented through the conclusion and effective implementation of international agreements, which are the legal instrument through which the integration processes are promoted.
The Protocol also allows the deepening of trade relations with Latin American countries that are parties thereto. This is one of the directions of foreign policy, embodied in the Charter Policy itself. The Constitutional Court has emphasized in several statements, the importance of concluding treaties that allow the integration of Colombia in the Latin American and Caribbean community, for which indicated that the above "(...) is specified: (i) the second paragraph of Article 9, which states that the foreign policy of Colombia will be oriented toward Latin American and Caribbean integration and (ii) in Article 227 which states that the State shall promote economic, social and political integration especially with countries Latin America and the Caribbean, to the point that even authorizes the conclusion of treaties aimed at the creation of supranational bodies to form a Latin American community of nations ".
After a review of his pronouncements on the matter, the Court found that there is:
"a definite determination of the consistent constitutional jurisprudence to admit the validity of those treaties, conventions or agreements that aim to promote forms of integration of different Latin American countries and the Caribbean. This recognition has led to declare the constitutionality of international instruments comprising regulation on economic, scientific, social and others, and which provide, in addition, the more different ways to set integration ".
In the same vein, the Judgment C-581 of 2002, said:
"(...) the purposes stated in the initial part of the agreement under study are amenable to Charter, since the need to strengthen and deepen the Latin American integration process and forming free trade areas based on subregional and bilateral agreements for countries to advance their economic and social development, is perfectly consistent with the mandate of article 9 Superior whereby '... Colombia's foreign policy will be geared toward Latin American and Caribbean integration (...)
the material content of the Agreement is also consistent with the Basic Law, since the establishment of tariff preferences and provisions concerning the prohibition of encumbrances or restrictions, rules of origin, national treatment, customs valuation, anti-dumping or countervailing based on criteria of equity, equality and reciprocity in accordance with Article 227 Superior imposed upon the State to promote economic integration with Latin America under the same criteria ".
According to the foregoing, the Protocol is a reflection of this desire of the 1991 Constitution to insert Colombia in a globalized economy, through agreements that expand markets and propitiate the economic development of the country.
C) The Additional Protocol to the Framework Agreement of the Pacific Alliance is an appropriate international instrument for the fulfillment of the essential purposes of Rule of Law
The Protocol is an ideal international instrument to give effect to the essential purposes of rule of law, as it helps to promote general prosperity (Article 2 CP) and improving the quality of life of the population (Article 366 CP).
From this perspective, the general prosperity as the essential objective of the rule of law, corresponds to the obligation of the State to promote the welfare of the entire population. This essential goal of the state is closely linked to the objective that should guide the conclusion of international agreements on free trade and economic integration by Colombia to seek the improvement of living conditions for all Colombians. In that sense, the Constitutional Court has stated the following:
"Our Political Charter interprets the obligation to fully improving the quality of life of the members, a central purpose of the Colombian state. Thus, the Preamble and Articles 1 and above the 2nd, provide for the enforcement of a just order in which the rights of individuals are protected by the authorities and respected by other citizens. Similarly, the Constitution makes a special emphasis on the auditor's role in the economy, through the law, so that through different actions, a better quality of life (...) be sought "|| | Later in the Judgment C-178 of 1995 (MP, Dr. Fabio Morón Díaz) the Constitutional Court stated the following in reference to the essential purposes of the State in international agreements of commercial content:
"examined the contents of Agreement approved by Law 172 of 1994, is that in it the rules of organization, operation, goals and program objectives of an agreement international character linking the Colombian State, within the above framework of regulations multilateral constituted are reported by Montevideo Agreements and GATT and now the WTO, to two friends and neighboring powers, whatever they are part of the Latin American community of nations; also quite general, and considered as a whole, this instrument of international law complies with the provisions of the Constitution, because in any case the coincidence in the policies of internationalization and modernization of the economy and the contribution to the expansion of world trade, development and deepening coordinated action and economic relations between the countries and boosting Latin American integration to strengthen friendship, solidarity and cooperation between peoples, the harmonious development and expansion world trade and international cooperation, create new employment opportunities, improve working conditions and living standards, safeguarding public welfare and ensure a predictable commercial framework for the planning of productive activities and investment, strengthen competitiveness of enterprises in world markets, the protection of intellectual property rights, promoting sustainable development and expressions of the principles of national treatment, transparency and most favored nation, are committed that are fully supported in provisions the Constitution, not only on the part of the constitutional values that appear in the Preamble to the Constitution, but of the essential purposes of the State and the economic and social rights of people. "(Underlining outside the text) .
In the Judgment C-309 of 2007 (MP, Dr. Marco Gerardo Monroy Cabra), the Constitutional Court ruled that an agreement stating free trade:
"(...) is based on article 2 of the Charter policy enshrined as essential end of the state to promote the general prosperity. It responds to the commitment contained in Article 333 of the Charter assigns to the State the role of stimulating business development, when it is not directly linked to promoting productivity, competitiveness and harmonious development of the regions (Article 334 CP).
In addition, the instrument under study allows the economic integration of the country in response to a growing need imposed by the global dynamics, integration that is appropriate to the purposes of the Policy and Charter coincident with the purpose assigned to the State. Under these conditions, it is worth repeating what was said by the Constitutional Court to note that the economic development of nations moving towards integration, since this seems to be the only possible future market scenario. "(Underlining outside the text).
According to the statement, it is clear that the Protocol promotes the essential purpose of the state to promote the general prosperity, being an instrument of economic integration with the global dynamics of holding this kind of agreements to strengthen productive channels and trade in the country and increase foreign investment to improve the export offer and promote free economic competition, which favors the aforementioned essential end of the state.
Policies to conclude agreements of a commercial nature help drive a cycle of development based on increasing trade flows, which increases the demand for domestic products, generating a high impact on the generation of new jobs, the welfare of the population and reducing poverty.
In addition, the Protocol seeks to protect consumers by ensuring the quality of imported products and lower prices for them. In that sense, the Protocol includes chapters on Technical Standards (TBT) and Sanitary and Phytosanitary Measures, which promote the right balance between effective access of goods in relation to the need and the obligation of authorities ensure the quality and safety of such goods.
Moreover, the propender by the elimination of tariffs, free exchange of goods and services and promote competition, the Protocol provides that the consumer has access to a wider range of goods and services of better quality and lower price , so that the chances of consumers opt for goods or services they deem best to meet their own needs expand.
Also, to establish mechanisms for protection and promotion of foreign investment, the Protocol seeks to increase capital flows received by the country from abroad. This, together with the existing regulations for the entry of such capital flows, ensures increased private investment in relevant projects to achieve overall prosperity and allows promote investment in the country in other states of the AP.
According to the above, the Protocol is to article 2 of the Constitution set, because it seeks to ensure the effectiveness of the principles, rights and duties enshrined in the Constitution with regard to the fulfillment of the essential purposes of the State social law.
D) The Additional Protocol to the Framework Agreement of the Pacific Alliance was celebrated as a manifestation of national sovereignty of Colombia
The article 9 of the Constitution states that international relations should be based on national sovereignty and the principle of self-determination. The Constitutional Court, in Judgment C-1189 2000 (MP Carlos Gaviria Díaz) understands the "sovereignty" as independence to exercise within a territory and its inhabitants, state functions. A demonstration of these features is the ability to conduct foreign relations and conclude international agreements in accordance with the principles of equality, reciprocity and national interest. Establishes that judgment:
"As provided by article 9 of the Constitution, Colombia's external relations are one of the foundations on the principle of national sovereignty, which was enshrined in the United Nations Charter (Article 2.1 ) as one of the essential foundations of interstate order. The scholars cite, very often, the definition of this principle was made in the arbitral award the case of the Island of Palmas, in which it was stated that "sovereignty" in international relations, means "independence" and as such, is entitled to exercise, within a certain territory and its inhabitants, the "functions of a State (...)
Now, as we said the International Court of Justice in the Corfu Channel case, that principle confers rights on States, but also imposes clear and precise international obligations, among which stands to respect the sovereignty of other nations, in all its dimensions. This elementary correspondence between rights and obligations, finds an echo in Articles 9 and 226 of the Constitution, under which the foreign relations of the Colombian state must be perneadas by the principles of reciprocity and equity, among others. "(Emphasis by outside the text).
In subsequent case law, the Constitutional Court stated that the concept of sovereignty has evolved along with the development of international relations between States. Sovereignty is no longer understood as an absolute concept but is a source of rights and obligations. In this regard, particularly on the conclusion of international agreements, the Court of sovereignty emanates the ability of States to commit internationally said. That is, international agreements are a manifestation of the sovereign power of states:
"The content and limits of the principle of sovereignty have evolved alongside the development of international relations and the needs of the international community. (...)
Understood, sovereignty in the legal sense confers rights and obligations for States, who enjoy autonomy and independence to regulate its internal affairs, and can accept freely without foreign impositions on their status as subjects equal of the international community, mutual obligations aimed at peaceful coexistence and strengthening of relations of cooperation and mutual aid. Therefore, sovereignty is not a power to disregard international law, however great economic or military capacity of a State, but the exercise of a full and exclusive powers, without interference from other states. This has implications in different areas, such as the relationship between the principle of the supremacy of the Constitution, an expression of sovereignty, and respect for international law. "
According to the above, it is concluded that Protocol is an express manifestation of national sovereignty, under which States Parties, including force internationally to meet the obligations and the reciprocal obligations of the agreement, adjusting to article 9 of the Constitution.
VI. TRANSPARENCY AND PARTICIPATION OF CIVIL SOCIETY IN THE NEGOTIATION PROCESS.
The Government aims for broad participation of all sectors of civil society in the course of negotiations of international agreements, in compliance with the principles of representative democracy (Articles 1 and 2 of the Political Constitution).
In the same vein, Decree No. 4712 of 2007, regulates certain procedural aspects of the negotiations, such as the operation of the negotiating team, the construction process of the negotiating position of Colombia, the participation of civil society and the duty of disclosure in the negotiations.
The article 9 of the decree provides that "the Ministry of Commerce, Industry and Tourism will promote the participation of civil society in the negotiation process" and that "design the appropriate mechanisms to receive and analyze the contributions and observations civil society".
From the definition of the country's interests in each of the topics under negotiation, bargaining position of Colombia in these processes is built, consulting and interacting with the different actors of civil society.
Following these principles, since the start of the negotiations of the Protocol, the Government established as one of the pillars of the negotiations transparency and provision of information to civil society and the Colombian private sector.
This is why, under the leadership of the Ministry of Commerce, Industry and Tourism and Ministry of Foreign Affairs, various calls and reports the private sector and civil society in general on the current status and progress were made the whole process of negotiation of the Protocol, with the aim of collecting their interests and build a position with the national interest. To achieve this purpose before and after the negotiation rounds that took place in the framework of meetings of the HLG  (GAN) PA meetings were held.
During this process, the Deputy Ministers of Foreign Trade, held 22 general meetings with the private sector, involving more than 300 attendees. At these meetings the progress of the negotiations were reported and careful note of the requests of the different economic sectors was taken. The following table shows a breakdown of these meetings is as follows: THE PRIVATE SECTOR BRIEFING
ADDITIONAL PROTOCOL MEETINGS OF THE ALLIANCE PACIFIC YEARS 2011-2013
REUNIÓNTIPO MEETING DATE DATE OF INFORMELUGAR INFORMENo.
III ATTENDANCE GAN12 September 2011Reunión Post RondaBogotá16 September 201118
IV GAN4 November 2011Reunión 201117 Pre RondaBogotá30 September
IV GAN4 November 2011Reunión Post RondaBogotá17 November
VI 201125 May GAN4 2012Reunión Post RondaBogotá11 May 201216
VII GAN23 and August 24 2012Reunión Pre RondaBogotá12 June 201219 GAN23
VII and August 24 2012Reunión Post RondaBogotá5 201219 September IX GAN15
and October 16 October 2012Reunión Post RondaBogotá19 201218
XI GAN19 and 20 December 2012Reunión Pre RondaBogotá12 December 201221
XI GAN19 and 20 December 2012Reunión during December RondaCali19 201210
XI GAN19 and 20 December 2012Reunión during RondaCali20 20127 December
GAN11 XIV and April 12 2013Reunión during RondaCiudad of México9 20136 April
GAN11 XIV and April 12 2013Reunión during RondaCiudad of Mexico 10 of 20136 April
XIV GAN11 and 12 April 2013Reunión Post RondaBogotá19 April GAN8 201,321
XV, 9 and 10 May 2013Reunión during Chile9 RondaSantiago of May 20134 GAN8
XV, 9 and 10 May 2013Reunión Post RondaBogotá17 May 201319 GAN19
XVII, 20 and 21 June 2013Reunión during June RondaLima19
XVIII GAN30 20133, July 31, 1st and August 2 2013Reunión during RondaCartagena31 of 20135 July
GAN30 XVIII, July 31, 1st and August 2 2013Reunión during August RondaCartagena1o
XVIII GAN30 20139, July 31, 1st and August 2 2013Reunión during August RondaCartagena2
XVIII GAN30 20139, July 31, 1st and August 2 2013Reunión during August RondaCartagena2
20138 REUNIÓNTIPO MEETING DATE DATE oF INFORMELUGAR INFORMENo. ATTENDANCE
XVIII GAN30, July 31, 1st and August 2 2013Reunión Post RondaBogotá21 August
201317 IX MEETING August MINISTERIAL26 2013Reunión Post Ronda - report comercialesBogotá9 close of business September 201332
ASISTENTES309 TOTAL addition to these 22 mass meetings, negotiators from each chapter also convened regular meetings with private sector representatives interested in each of the chapters, there was reported progress and note taking to achieve the suggested recommendations an appropriate balance in the negotiations. In total 36 sectoral meetings, were conducted as follows:
THEMED MEETINGS SUMMARY TemaTotal meetings
Mercados9 Access Rules origin.7
Fitosanitarias1 Sanitary Measures and Technical Barriers to Comercio8
Cooperation and Trade Facilitation Services and Inversión4 Aduanera5
Públicas2 Shopping TOTAL36
in the case of the agricultural sector, worked with various unions and employers' representatives were invited to perform work together with the Ministry to define sensitive products and the treatment they should receive.
Likewise, the Ministry actively participated in discussions of political control cited by the Congress related to the Protocol negotiations, as well as conferences, forums and academic events organized by the private sector, in order to provide the construction elements of the national debate on the negotiation of the Protocol. Acoplásticos hoc queries, the SAC, Andigraf, Asocaña, Fedegan, Fenavi, Asograsas, among others on these negotiations and their results were answered.
Moreover, with the aim of creating a mechanism of parliamentary oversight and have input from Congress during the negotiation process, the February 13, 2013 in Peru the Presidents of the Chambers of Representatives or Parliament the four states signed a declaration in which they reaffirmed their commitment to the integration process. Similarly, on May 6, 2013 in Bogota, Colombia, the Presidents of the Congress of Colombia, Roy Barreras, of Chile, Jorge Pizarro, and Peru, Victor Island, as well as the vice president of the Mexican Senate, Senator Jose Rosas Aispuro signed an agreement for the creation of the Interparliamentary Commission of the Pacific Alliance, whose installation was carried out on 11 and 12 July 2013 in Chile. I
Moreover, given the interest of augmenting the benefits of AP, in August 2012 private sector representatives of the four States members created their own initiative the Business Council of the Pacific Alliance (CEAP). This council aims to provide elements that from the perspective of employers, contribute to align the agenda of the AP with expectations, needs and challenges of the private sector, facing the process of integration between the four states and to third markets , particularly in the Asia-Pacific region.
On 10 February 2014, the CEAP presented to the Presidents of the four states a proposal to advance the AP in areas such as i) Approval Tax; ii) Financial Integration; iii) Public Procurement; iv) entrepreneurship and innovation; v) education; vi) harmonization of technical standards; vii) certification from the health authorities of the countries of AP; viii) Interoperability of International Trade Single Windows VUCE; ix) production chains; x) logistics competitiveness. The creation of CEAP has allowed additional meetings with the private sector, the AP has maintained a constant dialogue with the private sector.
To strengthen dialogue with employers, the AP created the committee of experts responsible for analyzing the proposals of the Business Council, in order to determine the best way to implement the above proposals, consistent with the goals set by the United .
Finally, it should be noted that this integration mechanism has generated great interest in civil society. To date, they have created the Association of Women of the Pacific Alliance, the National Network of Entrepreneurship known as "Embark Colombia" and the Association of Entrepreneurs of Latin America (ASELA), among other initiatives. have also signed memoranda of understanding between the Chambers of Commerce of the capitals of the states and the Confederation of Chambers of Commerce states also work together, as well as associations of entrepreneurs and Chinese Chambers and Japanese each State of the PA, seeking to strengthen business ties between the States Parties, and to promote and encourage trade, investment and competitiveness in our countries.
From the academy, it is important to note that universities and research centers are creating chairs on the AP and working to engage actively with this integration process. Likewise, the National Assembly of Rectors of Peru (ANR), the Colombian Association of Universities (ASCUN), the Anuies of Mexico (ANUIES) and the Council of Rectors of Chilean Universities (CRUCH) signed an agreement to reap the benefits of this integration process and make rapid progress on processes concerning education, human development and transformation of society.
In addition, it is noteworthy that various organizations and think tanks have produced studies that highlight the potential and achievements of the AP, presenting the opportunities offered by this mechanism and pointing to future challenges. For example, the Bertelsmann Foundation launched the study "The Pumas Pacific: a model for emerging markets" that has been widely accepted in non-governmental organizations and academia. Likewise, the BBVA Bank has developed various analyzes on the macroeconomic situation, trade and social policy of the Member States, which has been a leader in the financial and business sector.
Finally, to contribute to the socialization of the integration process the AP website www.alianzapacifico.net that since the inclusion of the counter has received more than 157,000 visits was created. facebook twitter accounts (@A_delpacifico and Pacific Alliance / Pacific Alliance) were opened and now has more than 4,300 followers on Facebook and over 15,400 followers on Twitter.
VII. CONTENTS OF ADDITIONAL PROTOCOL.
The Protocol negotiated between the Member States of the Pacific Alliance (Colombia, Chile, Mexico and Peru) is a comprehensive agreement last generation that includes various aspects of trade in goods, services and investment. In that sense, the agreement, in addition to the Preamble, includes the following chapters:
1. Initial Provisions
3 General Definitions.
Market access 4. Rules of Origin and procedures related to the origin
5. Trade Facilitation and Customs
6 Cooperation. Sanitary and Phytosanitary Measures
Technical Barriers to Trade in August.
9 Public Procurement. Cross-Border Services
11. Financial Services
12. Maritime Services
13. Electronic Commerce
Administration Protocol 17.
Dispute Settlement 18. Exceptions
19. Final Provisions
The contents, purpose and main benefits for Colombia in each of the chapters of the detailed agreement. PREAMBLE
Delineate the general principles guiding the negotiations, and the objectives that the Parties seek to achieve with the signing of the Protocol.
This text consists of 14 guiding verbs mode entries that contain the general principles guiding the negotiations, and the objectives that the Parties seek to achieve with the signing of the Protocol, in which They include among others the aim of strengthening the bonds of friendship, solidarity and cooperation and willingness to strengthen regional integration.
CHAPTER I. INITIAL PROVISIONS.
provisions which determine the legal scope of the international agreement, their relationship with other international agreements and how they should interpret the rules of the Additional Protocol.
Ii) Key benefits for Colombia
It was possible to establish the free trade zone, and affirm the rights and obligations under the WTO Agreement and the coexistence of rights and obligations under the Additional Protocol to the expected in other international trade commitments of the Colombian state.
The creation of the free trade area, relations with other international agreements, the rules of interpretation of the Additional Protocol and the commitment to adopt measures for the implementation of the Additional Protocol.
Chapter I consists of 4 items:
ArtículoDescripción Article 1.1: Establishment of the Free Zone Comercio.Mediante this provision Parties establish a free trade area in accordance with the relevant WTO rules.
ArtículoDescripción Article 1.2: Relation to Other Agreements internacionales.El Additional Protocol coexists with other international agreements on the same subject between the Parties of the Pacific Alliance and the obligations and rights established both in the WTO are confirmed, as in other agreements in which one party and at least one other Party are parties.
Article 1.3: Interpretation of AdicionalEl Protocol Additional Protocol is implemented and interpreted in the light of the objectives, principles and other recitals in the preamble and in accordance with the applicable rules of international law.
Article 1.4: Enforcement of AdicionalLas Protocol Parties undertake to adopt the necessary measures to comply with the Protocol in their respective territories and at all levels of government measures.
I) Objective To establish general definitions
concepts to be applied throughout the Additional Protocol and specific definitions apply to the same party.
Ii) Key benefits for Colombia
Legal certainty on the definition, scope and extent of terms that are essential for the implementation of the Additional Protocol.
Contents General definitions and specific definition for each Party. The first article contains general definitions 29 and the second article a specific definition for each Party.
The chapter consists of 2 items:
Article 2.1: Definitions GeneralesContiene definitions of terms or concepts applicable to all chapters of the Additional Protocol unless otherwise specified in this.
Article 2.2: Definition EspecíficaContiene definitions or terminology applicable to each party to all chapters of the Protocol unless otherwise specified in this.
The chapter establishes disciplines market access and tariff treatment for the marketing of products originating in the Member States of the Pacific Alliance contained in Annex 3.4, in the terms, scope and modalities set out therein.
The negotiations on tariff reduction came from the disciplines and commitments in bilateral agreements. In Peru there is currently free trade since the mid-nineties.
In Chile there is also free trade since the mid-nineties, but applies the variable component of the price band for some agricultural products. With Mexico only about 400 tariff subheadings have free access bilaterally.
This chapter is objetico to gain access to the respective markets for agricultural and industrial goods Members of the Pacific Alliance, through tariff preferences for current and potential exportable supply and the dismantling of non-tariff measures unjustifiably may affect trade flows.
Ii) Key benefits for Colombia
For the definition of tariff reduction took into account the sensitivities and needs special treatment.
It also established that only those products that are in this framework of free negotiation of tariffs may accumulate origin. Goods that are included in tariff reduction periods only accumulate origin once they are duty free.
92% of the common tariff lines between the Alliance countries once it enters into force of the Protocol will retain or gain tariff-free access. This percentage of lines reflects the group of products having free access in existing bilateral agreements with countries of the Alliance, which generally collect all industrial products and those products in the agricultural field that were not considered sensitive by countries such as live animals, flowers, chocolates, baked goods (cookies, waffles, bread), some fruits and vegetables and preparations, among others.
The remaining 8%, collects the products in which countries agreed tariff reduction periods ranging from 3 years to 17 years and the special treatment defined for sugar and related products. This 8% mainly includes the following sectors: poultry, fish, some vegetables, some fruits, rice, oils, food preparations, corn, pork.
- Offers individual country
Chile Offer - start Year of relief:
2014 - Final Year of relief:
2020 - staging longest period 7
CategoríaNo years. Inmediata7.60797,7% subheadings%
Other plazos1501,9% Exclusiones280,4% Total subpartidas7.785100,0%
97% of the tariff universe of Chile will get tariff free access once the Agreement enters into force. In this group they are mainly agricultural products and live animals, beef and pork, flowers, fruits and vegetables, coffee, cereals, oil, confectionery and chocolate, prepared foods, liquor, pet food and snuff. The industrial sector is totally free access.
In terms of 2 and 7 years they include products like meat and chicken pieces, shrimp, milk, leeks, garlic, beans, wheat, corn, prepared potatoes, this group represents 1.9% of the tariff.
The excluded products are sugar and some sugar products.
Offer Colombia - start Year of relief:
2014 - Final Year of relief:
2030 - staging longest period: 17 years including 12 years grace
CategoríaNo. Inmediata7.18296,4% subheadings%
Other plazos2393,2% Exclusiones330,4%
Total subpartidas7.454100,0% 96.4% of total tariff universe Colombia will obtain tariff free access once the Agreement enters into force. In this group they are mainly agricultural products and live animals, flowers, fruits and vegetables, wheat, barley, chocolate and confectionery, food preparations, liquor, snuff and cigarette. The industrial sector is totally free access.
In terms of 3 to 17 years as meat products and preparations of bovine, pork and poultry, dairy, eggs, peas, beans, coffee and preparations, corn, rice, oil, chocolates, preparations for infant use are , rum, vodka, whiskey, pet food this group represents 3.2% of the tariff.
Additionally, within this group are products for Mexico differential treatment which includes tariff reduction periods longer than those agreed with Chile and Peru. The most important products in this category are:
- Beef: 10 years including 5 grace.
- Pork: 5 straight years and 5 years of grace.
- Fluid milk: 10 years.
- Powdered milk: 7 and 10 years.
- Pope: 15 years.
- Onion: 15 years.
- Beans: 17 years.
- Pineapple: 10 years.
- Corn and flour: 17 years including 12 grace.
- Snuff: 15 years.
The excluded products are sugar and some sugar products. Mexico Offer
- start Year of relief:
2014 - Final Year of relief:
2030 - staging longest period: 17 years including 12 years grace || | CategoríaNo. Inmediata11.77696,0% subheadings%
Other plazos4543,7% Exclusiones330,3% Total subpartidas12.263100,0%
96% of the total tariff universe of Mexico will get tariff free access once the Agreement enters into force. In this group they are mainly agricultural products and live animals, whey, eggs, flowers, fruits and vegetables, cereals and flour, oil, and chocolate confectionery, food preparations, liquor, snuff and cigarettes. The industrial sector is mostly free access.
In terms of 3 and 17 are products like meat and preparations of bovine, pork and poultry, dairy, onions, potatoes, asparagus, beans, pineapples, mangoes, oranges, avocados, grapes, papayas, apples, strawberries, coffee, corn, rice, prepared potatoes, chocolates, milk formula, rum, snuff blond, wooden boards, footwear, bicycles and toys. This group represents 3.7% of the tariff.
The excluded products are sugar and some sugar products.
Offer Peru - start Year of relief:
2014 - Final Year of relief:
2025 - staging longest period: 12 years
CategoríaNo. Inmediata7.42398,3% subheadings%
Other plazos971,3% Exclusiones340,5%
Total subpartidas7.554100,0% 98.3% of total tariff universe Peru get tariff-free access once the Agreement enters into force. In this group they are mainly agricultural products and live animals, beef and pork, flowers, fruits and vegetables, coffee, cereals, oil, confectionery and chocolate, prepared foods, liquor, pet food and snuff. The industrial sector is totally free access.
In terms of 2 to 12 years are products like meat and pieces of chicken, milk, cheese and rice this group represents 1.3% of the tariff.
The excluded products are sugar and some sugar products.
Iii) Chapter Contents
ArtículoDescripción Section A: Definitions and Scope
Article 3.1: DefinicionesSe define concepts related to the chapter on market access.
Article 3.2: Scope of aplicaciónLas disciplines apply to trade in goods between the Parties.
National Treatment Article 3.3: Treatment NacionalSe ensures that imported goods will be granted the same treatment is granted to goods nacionales.Asimismo, members may maintain exceptions to this provision. In the case of Colombia may maintain measures such as those related to taxation of alcoholic beverages. Section C
Tariff Elimination Article 3.4: Elimination ArancelariaNinguna Party may increase any existing customs duty, or adopt any new customs duty, on originarias.Adicionalmente goods are allowed to consult with a view to improving conditions market access tariff on goods originarias.Colombia may apply the Price Band System established in Decision No. 371 of 1994 of the Commission of the Andean Community and its amendments for sugar and sugar products.
Article 3.5: AduaneraLos Rating customs valuation principles applied to trade between the Parties shall be governed by the provisions of the Customs Valuation Agreement of the WTO. To this end, the Customs Valuation Agreement is incorporated into this Agreement and is an integral part thereof, mutatis mutandis.
Section D: Non-Tariff Measures
Article 3.6: Import Restrictions and ExportaciónLas Parties shall not apply restrictions or prohibitions on imports or exports, except as provided in Article XI of the GATT 1994 and its interpretative notes. Colombia may maintain the measures related to the contribution coffee and emeralds.
Article 3.7: Other medidasLas measures that may affect the marketing of goods shall be notified to the Parties within 60 days prior to their implementation and can not undermine this agreement.
Article 3.8: Licenses ImportaciónSe reaffirm the rights and obligations of the Agreement on Import Licensing WTO. The import licenses or permits shall be granted and issued within a maximum period of 20 working days from the date on which the importing Party receives the request, according to the legislation that regulates them. Upon entry into force of the Additional Protocol, each Party shall notify any procedure existing import licensing.
Article 3.9: Loads and formalities administrativasSe may collect fees and charges as set out in Article 8 of the GATT, as long as these represent the cost of services rendered and do not generate additional protection. In addition, it shall make available to commercial operators, the updated information on the subject, preferably via the Internet.
Article 3.10: Taxes and other charges to exportaciónLas Parties undertake not to adopt or maintain taxes, duties or other charges on exports. Colombia may apply the contributions paid by coffee producers and exporters of emeralds.
Section E: Special schemes
Article 3.11: Tariff Exemption AduanerosNinguna Party may adopt, expand, extend or condition explicitly or implicitly a tariff exemption to the fulfillment of a performance requirement. The countries include the rights and obligations arising under the Agreement on Subsidies WTO.
Article 3.12: Temporary Admission of MercancíasSe authorizes the permanence of this customs procedure, stating clearly what kind of goods can be admitted temporarily free of duty in bilateral trade. It allows to extend the deadline and sanctions for non-compliance in accordance with national legislation. conditions for temporary admission are set, allowing: i) adopt mechanisms to facilitate the clearance of goods; (Ii) that the goods be exported through a customs port other than for which he was admitted; (Iii) exempt from responsibility for export to the person responsible if it proves satisfactory evidence why its not export.
Article 3.13: Goods Re-entered after Repair or AlteraciónSe determine the conditions for the application of this customs procedure allowing re-enter the customs territory, goods which have been temporarily exported to the other Party for repair or alteration.
Section F: Agriculture Article 3.15
: ÁmbitoSe applies to measures adopted by the Parties concerning trade in agricultural goods defined in Annex I of the Agreement on Agriculture.
Article 3.16: Export Subsidies agrícolasNinguna Party may adopt, maintain or reintroduce export subsidies on any agricultural good destined for the territory of another Party. For greater certainty, if a Party go to the mechanism of dispute settlement in Chapter XVII (Dispute Settlement) for a measure inconsistent with the obligation under this paragraph, the terms of Article 17.21 (Cases of Emergency shall apply ).
Section G: Market Access Committee
Article 3.17: MercancíasFunciones Trade Committee: - Monitoring the implementation and application of capítulo.- Addressing barriers to trade especially those related to measures not make recommendations arancelarias.- relevant to the matters within its competence to the Commission on Free Comercio.- coordinate information exchange trade in goods between the parties: Parties View and manage any differences that may arise between the Parties on matters related to the classification of goods under Armonizado.- System Establish ad hoc working groups with specific mandates.
Annexes and apéndicesAnexo 3.3: National Treatment and import restrictions and exportación.Anexo 3.10: Taxes staging exportación.Listas countries.
RULES OF ORIGIN AND PROCEDURES RELATED TO ORIGIN.
The rules of origin chapter aims to define the qualification criteria of originating goods that benefit from preferential tariff treatment agreed between the Parties. Thus, the goods can be fully obtained in the territory of the Parties or made from materials originating and / or originating provided they comply with the conditions agreed in the Specific Requirements of Origin.
In order to achieve this objective, clear rules have been developed, there is provided the use of inputs in the region and promoting accumulation among its members.
Ii) Key benefits for Colombia
- The main value added of the Agreement of the Pacific Alliance, is the establishment of a new integration scheme through a mechanism of extended cumulation between the Parties, favoring the creation of partnerships strategic between producers and entrepreneurs, in order to diversify products and markets. This will consider all raw materials originating from the four countries, incorporated into the final good.
- A specific requirement of origin apply only to trade between the countries of the Alliance, thus facilitating the development of operations in the region is agreed.
- Clearly define the production conditions to be met to be considered originating goods of the Parties and thus access the benefits of the agreement.
- You can count on the complementarity between Member States in the use of raw materials for the production of final goods to be exported using the agreed preferences, promoting the creation of productive chains by complying with rules of origin to facilitate accumulation and increase competitiveness to tap new markets.
- The incorporation of inputs from third countries if there is insufficient supply in the territory of the Parties, meeting processes working or processing in the Agreement is permitted.
- It has a little expeditious mechanism for the textile sector, which allows Parties to source inputs from third parties, which are not available with supply supply in the region. This mechanism provides greater coverage in inputs and agile to respond to requests made by users waiver procedure.
- Are identified by the competent authorities for issuing certificates of origin and verification of origin, in order to have clarity of the roles to be played by entities in the management and administration of the chapter of origin.
Contents Chapter of origin rules and procedures relating to the origin consists of two sections (Section A: Rules of Origin, Section B: Procedures related to the origin) and three Annexes (Specific requirements of origin Certificate of origin and instructive, Short Supply Committee).
ArtículoDescripción Section A: Rules of Origin
Definitions (Article 4.1) For the purposes of this chapter, concepts related to the Rules of Origin and procedures related to the origin and the competent authorities indicated defined for issuing certificates of origin and verification of origin.
Origin Criteria (Articles 4.2, 4.3) Accurate qualification criteria of origin of goods: - wholly obtained; - Goods made from materials that qualify as originating; o- goods made from non-originating materials, meeting the specific requirements of origin.
Other criteria for qualification of Origin (Articles 4.5, 4.6, 4.7, 4.9, 4.10 and 4.14) This group of items includes additional criteria for qualification and determination of origin: - For intermediate materials, not taking into account the non-originating materials contained in that material.- indirect materials listed in Article 4.1, shall be deemed originarios.- minimal operations that do not confer origin.- When not meet the change in tariff classification is described herein, establishes a flexibility of 10% de minimis to incorporate non-originating materials on the FOB value of the goods. For the textile and clothing sector, the percentage is established on the weight of the goods. - The conditions and how to determine the source are provided, where materials and fungible goods are used. - The conditions are set to consider a set or assortment as originating.
Accumulation (Article 4.8) indicates that the materials originating in one or more Parties and the production made in one or more Parties, shall be considered originating in the territory of the Party uses such material or making the production of the goods. The accumulation applies if the Customs Tariff of the goods is 0% in all Parties. Treatment
accessories, packaging, packaging material. (Articles 4.11, 4.12, 4.13) conditions for accessories, spare parts, tools and instructional materials or information, conditions for packaging and packaging materials, as well as conditions of packaging and containers that accompany the goods are determined.
Regional Value Content (Article 4.4) states that the regional value content of a good shall be calculated on the basis of FOB value or net cost, choice of the producer or exporter of the merchandise and the manner set to calculate.
Section B: Related to the Origin
Transit and Transshipment (Section 4.15) For a commodity retains its original character Procedures must have been issued directly from the exporting Party to the importing, with the possibility of transit in a non-Party, provided it is not subject to any operation outside the territory of the Parties, other than loading, unloading, fractionation or other goods necessary to maintain and remain under customs control on the territory of non-Party.
Exhibitions (Article 4.16) The original goods may be subject to display in a non-Party and access the preferential tariff treatment provided has remained under customs control and is accompanied by a certificate of origin.
Certificate of Origin (Articles 4.17, 4.18, 4.19, 4.20, 4.21) states that an importer may claim preferential tariff treatment based on a written or electronic certificate origin issued by the competent authority of the exporting country, which will be valid a year, it may issue a duplicate in case of theft, loss or destruction and cases in which should not be presented additionally indicated. the possibility of billing by an operator of a non-Party, indicating in the certificate of origin is included.
Obligations (Articles 4.22, 4.24, 4.25) the obligations of the exporter and importer are established when claims preferential tariff treatment. In this regard, the obligation to keep records for a term of five years included. Return
Tariffs (Article 4.23) When the importer has not requested preferential treatment may be performed no later than one year after the date of importation.
Consultations and Procedures for the Verification of Origin (Article 4.26) establishes the procedure for consultation and verification of origin.
Sanctions (Article 4.27) Each Party shall provide for penal, civil or administrative sanctions for the violation of its laws and provisions of the Chapter of origin.
Confidentiality (Article 4.28) It is established that the parties may request confidential information.
Review and Appeal (Article 4.29) may be an independent administrative review of the instance or the official who issued the administrative act and judicial review.
Committees (Articles 4.30, 4.31, 4.32) are established: - The Committee on Rules of Origin and Procedures Related to the Origin, Trade Facilitation and Customs Cooperation and functions. - The Committee Short Supply and criteria for operation.
Chapter Annexes Specific Requirements of Origin (Annex 4.2) General interpretative notes are established and specific requirements of origin for tariff items set out.
Certificate of Origin and Instructions (Annex 4.17) the format of certificate of origin and the instructions for filling out is established.
Short Supply Committee (CEA) (Annex 4.31) Members of the CEA, functions, types and waiver required information, procedure for the waiver application are indicated. an appendix with information the material requested for exemption and another with representatives of the CEA is included.
CHAPTER V. TRADE FACILITATION AND CUSTOMS COOPERATION.
I) Achieve Objectives
strengthening customs through the implementation of more efficient and streamlined customs procedures, as a tool to facilitate the free movement of goods and trade between Colombia and the other Member States Pacific Alliance, contributing to reduced costs for exporters and importers.
Agree on the establishment of provisions on Customs Cooperation and Mutual Assistance that allow the timely exchange of information between customs administrations of the Parties, following international standards, improving security mechanisms, prevention and fight against fraud and operations contrary to customs legislation.
Ii) Key benefits for Colombia
- Trade facilitation through the rapid clearance of goods through the implementation of simplified, agile and reliable customs procedures.
- Contributes to support the modernization of customs procedures and thus strengthening the customs authority (DIAN), who will be the main entity responsible for implementing effectively the commitments made in the negotiations.
- Allows importers, in accordance with its laws, withdraw goods from customs before and without prejudice to the final determination by its customs authority of customs duties, taxes and charges are applicable.
- Paperless Trade Administration: possibility to submit and accept the customs declaration electronically.
- Coordination among the agencies involved in border to perform physical inspections of the goods at the same time and place, accounting for customs users time reductions.
- Using profiles and selection criteria for targeting resources to the control of goods high risk profile and rapid clearance of goods classified as low risk.
- Provide users the possibility to appeal decisions of the Customs Administration in the administrative and judicial levels.
- At the request of the user, issuing advance rulings by the customs administration in tariff classification, qualification criteria of origin and customs valuation criteria. This is a key element of trade facilitation, because the user provides certainty about the development of the operation and eliminates the discretion of the customs official, while ensuring compliance with customs regulations.
- Establishing lines of action for the implementation, development and strengthening (AEO) AEO in each of the Member States of the Pacific Alliance, which allows then to work on establishing procedures compatible between programs OAS to ensure progress in mutual recognition agreements between the countries of the AP according to the "Framework of Standards to Secure and Facilitate Global Trade of the World Customs Organization WCO", thus improving the security and facilitation of foreign trade to benefit the competitiveness and growth of their economies.
- Identification and establishment of the requirements for interoperability between Foreign Trade Single Windows (VUCE) of States Parties, allowing the exchange of information in a flexible and secure.
- Establishing a framework for customs cooperation between the Parties, in particular on mutual assistance for the prevention and suppression of operations in breach of customs legislation of the Parties.
- With technical cooperation it will promote the development, implementation, application and improvement of customs control and customs procedures.
- The information provided by the customs administration of a Party to the development of customs mutual assistance is accepted as authentic in the other Party for judicial and administrative procedures, without any additional processing of consularization, or apostille.
- Each Party may provide assistance on its own initiative in accordance with their laws, rules and other legal instruments, providing the information it deems necessary for the correct application of customs legislation.
- Duly authorized officials of a Party may, with the agreement of the required and subject to the conditions, laws and regulations established by the latter authority, be present in the offices of the requested Party, in order to obtain information relevant in the context of a research aimed at finding a customs violation or possible operation in breach of customs legislation.
ARTÍCULODESCRIPCIÓN Article 5.1: DefinicionesSe include definitions for key management chapter.
Article 5.2: ConfidencialidadLa information exchanged possessing nature preserves, including the confidentiality of it is guaranteed.
Trade Facilitation Article 5.3: PublicaciónA through the publication of customs legislation and procedures applied by members of the Pacific Alliance, the establishment of contact points for information and consultation, providing opportunity users to submit comments.
Article 5.4: Office of mercancíasLos member countries undertake to adopt and maintain simplified procedures for the efficient release of goods. He will tend to the goods are shipped within 48 hours upon arrival, as well as the clearance of goods at the point of arrival without temporary transfer to warehouses or other facilities.
Article 5.5: AutomatizaciónLos members of the Pacific Alliance shall endeavor to use information technology that expedites and efficient procedures for the clearance of goods. They also make efforts to use international standards, particularly those of the WCO.
Article 5.6: Administration and Management RiesgoLos systems of the member countries of the Pacific Alliance is managed in accordance with risk management criteria. Control activities focusing on goods with high risk profile and rapid clearance of goods classified as low risk.
Article 5.7: Delivery Shipments Rapidase provides separate and expedited for express shipments customs procedures.
Article 5.8: AutorizadoAnexo members of the Pacific Alliance 5.8Los Economic Operator promote the implementation and strengthening of programs (AEO) AEO in accordance with the SAFE Framework of the World Customs Organization (WCO). Similarly, countries customs promote negotiations for mutual recognition of AEO programs.
Article 5.9: Trade Single Window Exterior.Anexo 5.9Los States Parties implement and will enhance its PSCs and work on interoperability.
Article 5.10: Review and ImpugnaciónSe guarantees a level of administrative review and judicial review.
Article 5.11: SancionesLas Parties shall maintain measures that allow the imposition of civil or administrative penalties and, where appropriate, criminal sanctions.
Article 5.12: Resolutions AnticipadasLos customs users may obtain advance rulings on customs origin criteria of valuation, tariff classification and other members agree.
SECTION B: Cooperation and Mutual Assistance in Customs Matters
Article 5.13: Scope of AplicaciónRegistra what the scope of the provisions of the section.
Article 5.14: Cooperation AduaneraLa cooperation will include the exchange of information, legislation, and best practices in customs matters, as well as the exchange of experiences, training and any kind of technical support.
Article 5.15: MutuaLa Assistance mutual assistance shall include the exchange of information aimed at the prevention, investigation and prosecution of operations in breach of customs legislation.
Section 5.16: Form and content of requests for assistance MutuaDetermina the minimum information to be contained in requests for assistance.
Article 5.17: Implementation of SolicitudesEstablece the terms and parameters that must be met to respond to requests for mutual assistance.
Article 5.18: EspontáneaLos assistance should assist members own initiative, providing information in accordance with its laws and regulations.
Article 5.19: Delivery and ComunicaciónAdopción measures for delivery of documents and notices that are necessary for the provision of information or the required steps within the scope of implementation of mutual administrative assistance.
Article 5.20: Exceptions to the obligation to provide assistance mutuaRelaciona cases in which mutual assistance may refuse or be subject to compliance with certain conditions or requirements.
Article 5.21: Files, Documents and other MaterialesLos documents provided under this section shall have no probative value for additional certification, authentication or any other formality than that provided by the customs administration and will be considered as authentic and valid .
Article 5.22: Experts PeritosLos delegates or officials of a Party may be authorized to appear, in accordance with their national law, as expert or experts in administrative or judicial proceedings.
Article 5.23: CostosLas customs administrations waive any claim for reimbursement of costs and / or expenses incurred in the execution of applications under this section, except those related to the expert or experts.
Article 5.24: Lack of AsistenciaSe mean lack of mutual assistance between customs administrations, the repeated refusal or undue delay in the execution of an application and / or communication of the result.
Sanitary and Phytosanitary Measures.
Objectives The objectives of this Chapter are:
- Protecting life and human health, animal health and plant health, in the territory of the Parties;
- Facilitate trade of products and byproducts of animal, vegetable, sea and aquaculture, between the Parties;
- Ensure that sanitary and phytosanitary measures of a Party not discriminate arbitrarily or unjustifiably between Parties where identical or similar conditions prevail, including between their own territory and that of the other Parties. Sanitary and phytosanitary measures are not applied so as to constitute a disguised restriction on international trade;
- Ensure that procedures for the establishment of sanitary and phytosanitary measures between the parties, are transparent, are applied without undue delay and in no less favorable manner for imported goods than for similar domestic goods, and || | - Provide mechanisms and procedures for communication and cooperation to solve, in a fast and timely, specific trade concerns related to the application of sanitary and phytosanitary measures between the Parties.
Ii) Key benefits for Colombia
- In this Chapter, measures that will advance health processes admissibility in reasonable time and with greater transparency, streamlined processes in regionalization, harmonization, equivalence, risk assessment procedures were agreed control, inspection and approval;
- In addition, the Parties reaffirm their commitments under the SPS Agreement (SPS) of the World Trade Organization (WTO), with reference to the guidelines, procedures and standards of the Codex Alimentarius, the International Convention Plant Protection (IPPC) and the World Organisation for Animal Health (OIE);
- This is of great importance for Colombia, it implies that the countries of the Alliance, recognizing the recommendations of these bodies regarding pest- or disease, areas of low prevalence of pests or diseases and compartmentalisation areas. This recognition of regionalization is favorable for Colombia because it implies the commitment of the Parties to apply an accelerated procedure in accordance with the conditions set out in the Guidelines to promote the practical application of Article 6 of the SPS Agreement (G / SPS / 48) and recognition of the self-declared areas, areas or compartments free or low prevalence of pests or diseases when they have given implementation to the implementation of standards, guidelines or recommendations as a basis factor to start the application of the accelerated procedure;
- An SPS Committee, which will work on proposals on equivalence procedures, risk assessment, regionalization, control and inspection procedures on implementation of all provisions of the Chapter and also programs, activities, was created to streamline admissibility processes, in order to facilitate trade between the Parties;
- Any dispute between the parties may be resolved in accordance with the provisions of the Dispute Settlement mechanism (Article 17.5) of the Agreement.
ArtículoDescripción Article 6.1: DefinicionesLas definitions in Annex A of the SPS Agreement are incorporated into this Chapter and be part of the same, mutatis mutandis.
Article 6.2: ObjetivosLos objectives of this Chapter are: a) To protect life and human health, animal health and plant health, in the territory of the Parties; b) To facilitate trade in products and by-products of animal origin , vegetable, sea and aquaculture, between the Parties; c) to ensure that sanitary and phytosanitary measures of a Party shall not discriminate arbitrarily or unjustifiably between the Parties to prevail identical or similar conditions, including between their own territory and that of the other Parties. Sanitary and phytosanitary measures are not applied in a manner that constitutes a disguised restriction on international trade; d) Ensure that procedures for the establishment of sanitary and phytosanitary measures between the parties, be transparent, be implemented without undue delay and a basis no less favorable to imports than to like domestic goods, and e) Provide mechanisms and procedures for communication and cooperation to solve, in a fast and timely, specific trade concerns related to the application of sanitary and phytosanitary measures between the Parties goods.
ArtículoDescripción Article 6.3: Scope of AplicaciónEl this Chapter applies to all sanitary and phytosanitary measures of the Parties, in accordance with the SPS Agreement, which may, directly or indirectly, affect trade in goods between the Parties.
Article 6.4: Rights and obligacionesLas Parties incorporated into this Chapter their rights and obligations under the SPS Agreement, mutatis mutandis.
Article 6.5: Armonización1. In addition to the provisions of article 3 of the SPS Agreement, the Parties will work together to promote each other and to international developments and negotiations on issues of mutual interest in the materia.2. To this end, the Parties shall develop work plans through the Committee on Sanitary and Phytosanitary Measures established in Article 6.14.
Article 6.6: Equivalencia1. In addition to the provisions of article 4 of the SPS Agreement and the complementary decisions of the Committee, in addition to the standards, guidelines and recommendations of the competent international organizations, each Party undertakes to meet timely requests equivalence of sanitary measures and phytosanitary filed by any other party. To this end, the Parties may agree on the work methodology aplicable.2. The Committee on Sanitary and Phytosanitary Measures of this Chapter may monitor the application of this article.
Article 6.7: Evaluation of risk1. In addition to the provisions of article 5 of the SPS Agreement, when there is need for a risk assessment of pests or diseases, the Parties expeditiously attend applying the standards, guidelines and recommendations of international organizations competentes.2. When a Party requests the start of a risk assessment to another Party, the importing Party informs the exporting Party on deadline and needed to perform the evaluation.3 stages. Once the importing Party has completed the risk assessment and decided that trade can start or continue, this will take regulatory measures necessary to start or continue trading in a razonable.4 term. The Parties will provide the opportunity to submit comments on the risk assessments performed in the manner to be determined by the importadora.5 Party. The Parties undertake to request the information strictly necessary for evaluation of risk.6. An exporting Party may submit scientific evidence, including mitigation proposals to support the risk assessment process Part importadora.7. Without prejudice to the adoption of emergency measures, no party will stop importing goods from another Party solely because the importing Party is conducting a review of a risk assessment and if any of the existing SPS measure, provided that the importing Party has allowed the import of such goods when starting the review.
Article 6.8: Adaptation to Regional Conditions and recognition zones, areas or compartments free or low pest prevalence or diseases1. In addition to the provisions of Article 6 of the SPS Agreement to evaluate an application for recognition of zones, areas or free or low prevalence of pests or diseases compartments, the Parties undertake to apply an accelerated procedure in accordance with the conditions set out in the guidelines to promote the practical application of Article 6 of the SPS (G / SPS / 48) .2 Agreement. The Parties recognize the self statements, areas or compartments free or low prevalence of pests or diseases when they have given implementation to the implementation of standards, guidelines or recommendations as a basis factor to start the implementation of an accelerated procedure, in accordance with the conditions set out in the Guidelines to promote the practical application of Article 6 of the SPS Agreement (G / SPS / 48).
Article 6.9: Transparency and Exchange of information 1. In addition to the provisions of article 7 and Annex B of the SPS Agreement, the Parties shall: a) recognize the exchange of information as necessary for strengthening the management of sanitary and phytosanitary issues including mechanism and perform actions that promote b) Take into account the relevant guidance of the SPS Committee of the WTO; c) reaffirm their commitment to deliver and publish information related to the adoption or amendment of sanitary and phytosanitary measures, and d) Ratify their commitment to promote the use of the system electronic notification of OMC.2. In addition to the notifications are required in accordance with the procedure provided in Annex B of the SPS Agreement, the Parties shall notify: a) Changes occurring in the field of animal health and food, such safety as the onset of disease exotic, those diseases listed by the World Organisation for Animal health (hereinafter referred to as "OIE") and / or health warnings on food products within 24 hours to the diagnostic detection of the problem;
B) Changes that occur in the phytosanitary field such as the appearance of quarantine pests or spread of pests under official control, within 72 hours after verification; c) Outbreaks of diseases in which scientifically shown to cause consumption of imported food; d) the causes or reasons why a good of the exporting Party is rejected, within seven days, e) authorized to issue certificates and related authorizations firms the import, export and detail points autorizados.3 income. The importing Party shall respond to requests from the exporting Party on the requirements and procedures that have established to allow access of a specific commodity or the status of a process related to access of such goods in a razonable.4 term. Parties should make public the draft SPS regulations and final regulations through their respective officers newspapers and / or websites and should transmit, preferably electronically, to notification services and information established in accordance with the SPS Agreement. Each Party shall ensure that the draft SPS regulations and intend to be subject to public consultation for a minimum period of 60 days. In the case of emergency situations and the proposed measures to facilitate trade or those whose content is substantially the same as that of a standard, guideline or recommendation, Parties may reduce or eliminate the period for receiving observaciones.5. To the extent feasible and appropriate, the Party shall provide a period of at least six months from the date of publication of a final rule and its entry into force, except in emergency situations and when the proposed measures facilitate trade or its content is substantially the same as that of a standard, guideline or recommendation. 6. In terms of the provisions of Article 5.8 of the SPS Agreement, when a Party has reason to believe that an established or maintained by another Party SPS measure restricts or may restrict its exports and the measure is not based on international standards, guidelines or recommendations, may request an explanation of the reasons for this measure, which must be answered in writing, as far as possible within a period not exceeding 30 days.7. If there are annual or biannual programs of work sanitary and phytosanitary regulations, the Parties will make their best efforts to make them publicly available through printed or electronic publications.
Article 6.10: Control Procedures, Inspection and AprobaciónAdicionalmente as provided in Article 8 and Annex C of the SPS Agreement, and complementary decisions taken by the SPS Committee of the WTO, in addition to the standards, guidelines and recommendations international, Parties shall respond to requests for information on the procedures of control, inspection and approval have established, as far as possible, within no more than 45 days.
Article 6.11: Verificaciones1. The importing Party may assess the competent authority of the exporting Party and its inspection and control systems. This may include an assessment of the control programs of the competent authority, covering, where appropriate, revisions inspection programs, control and audit, as well as visits to establecimientos.2. The terms and conditions of the verification visits will be agreed by the Parties prior to inicio.3. Once the verification visit or rating, the importing Party shall provide to the exporting Party, results and conclusions of this, within a reasonable time after making the visita.4. The Parties will not disrupt trade in a previously licensed merchandise during the process of renewal of its authorization solely because of a delay in the importing Party to carry out the verificación.5. The expenses arising from the verification visits shall be borne by the exporting Party, I unless the parties agree otherwise.
Article 6.12: Cooperation and Technical Assistance1. The Parties agree to support the processes of cooperation and technical assistance for capacity building in SPS purposes of materials: a) To promote and enhance the application and implementation of this Chapter and the SPS Agreement; b) To strengthen their respective authorities the development and application of sanitary and phytosanitary measures; c) Assist in the implementation of activities for trade facilitation; d) Assist in the development and implementation of standards, guidelines or recommendations and if applicable, request the support of the relevant international organizations; e) Share non-confidential information that was the basis for a Party in the development of an SPS measure; f) Collaborate, as far as possible, in the care of sanitary and phytosanitary emergencies, and ArtículoDescripción
g) Perform other activities of cooperation and technical assistance agreed by the Parties.
Article 6.13: Consultations Técnicas1. The Parties may hold technical consultations on specific trade concerns related to the application of sanitary and phytosanitary measures, to seek mutually acceptable solutions through the modality agreed upon (such as in-person meetings, videoconferencing or other). 2. The Parties or which have requested them holding technical consultations should set a date to meet with the requesting Parties or, within 15 days of the request and make their best efforts to meet, in the modality agreed, within a maximum period of 30 days.3. Where the Parties have resorted to technical consultations in accordance with this article, without satisfactory results, such consultations replace those provided for in Article 17.5 (Dispute Settlement), if agreed to by the Parties.
Article 6.14: Committee on Sanitary and Fitosanitarias1. The Parties shall establish a Committee on Sanitary and Phytosanitary Measures (hereinafter referred to as the "Committee"). 2. The Committee shall be composed of representatives of each of the Parties with responsibility for sanitary, phytosanitary and food safety issues, as set out in Article 6.15.3. The first meeting of the Committee shall be held no later than 90 days after the entry into force of the Additional Protocol, Parties to this meeting credited to their representantes.4. The Committee established at the first meeting rules of procedure and funcionamiento.5. The Committee shall meet at least once a year, unless the parties agree otherwise, in person, by teleconference, videoconference, or through other means ensuring an appropriate level of performance and extraordinary as the Parties deem . 6. When you are face meetings, will be held alternately in the territory of each Party and the Party headquarters shall organize reunión.7. The functions of the Committee shall: a) Serve as a forum to discuss issues related to the development or application of sanitary and phytosanitary measures that affect or may affect trade between the Parties, to establish mutually acceptable solutions and evaluate progress in the implementation of said solutions; b) to promote, monitor and manage the implementation of the provisions of this Chapter; c) monitoring technical consultations; d) Agree, taking into consideration the standards, guidelines or recommendations developed by the Committee MSF WTO and relevant international organizations, procedures and deadlines for the practical and agile implementation of: i) recognition of equivalence; ii) the risk assessment procedure; iii) Recognition of areas or zones free of pests or diseases and areas or areas of low prevalence of pests or diseases; iv) Control, inspection and approval; v) The obligations of transparency, yvi) Other procedures agreed by the Committee e) Establish technical panels ad hoc working and determine their mandates, objectives, tasks and deadlines to submit the results of their work programs and provide a forum to monitor the commitments made in these programs; f) consult on issues, positions and agendas for meetings of the WTO SPS Committee, the various Codex Alimentarius Committees; the International Plant Protection Convention; OIE and other international and regional forums on sanitary and phytosanitary measures; g) Establish programs of cooperation and technical assistance; h) Exchange information on sanitary and phytosanitary, such as occurrences of incidents, change or introduction of regulations and standards of the Parties related to the subject, which may, directly or indirectly measures affect trade in goods between the Parties; i ) Create work programs on regulatory cooperation to facilitate trade between the Parties; j) Explore mechanisms in the field of application of sanitary and phytosanitary measures designed to promote the set of goods originating in the Parties access to non-Parties k) promote, to the extent possible, the development of programs of annual or biannual work of sanitary and phytosanitary regulations of each Party; l) Inform the Free Trade Commission on the implementation of this Chapter and make appropriate recommendations on to matters within its competence, ym) Other functions that the Parties agree, including those that instruct the Free Trade Commission.
Article 6.15: Competent Authorities and Points of contacto1. The competent authorities responsible for implementing the measures referred to in this Chapter are listed in Annex 6.15.1. 2. The contact points responsible for communication between the Parties under this Additional Protocol, listed in Annex 6.15.2. 3. The Parties shall inform about any significant change in the structure, organization and distribution of responsibilities of their competent authorities and contact points.
Technical Barriers to Trade (TBT).
The main chapter is to increase and facilitate trade between the Parties, in order to ensure the effective movement of goods and access to the markets of the countries of the Pacific Alliance objective.
In addition, this aims to promote the various cooperation mechanisms in the disciplines covered by Chapter and the legal framework is established to ensure that standards, technical regulations and procedures conformity assessment do not create unnecessary obstacles to trade.
In addition, given the particularities of the integration process of the countries of the Pacific Alliance, the chapter on Technical Barriers to Trade seeks to deepen integration and existing bilateral agreements between the Parties.
Ii) Key benefits for Colombia
- As a single chapter was negotiated for the countries of the Pacific Alliance, Colombia managed to update and deepen several of the provisions contained in bilateral agreements on the same matter.
- Mechanisms for cooperation on matters related to technical barriers to trade were expanded, making it easier to Colombia to benefit from the experience of countries with the most advanced systems of quality as might be the case in Mexico or Chile.
- Also some cooperation mechanisms are established in order to coordinate the participation of the countries of the Pacific Alliance in international forums. This will strengthen the presence of Colombia in international standardization forums.
- As for the provisions relating to procedures conformity assessment , Colombia managed to establish not only the various alternatives to promote acceptance of results of conformity assessment, but also strengthened mechanisms information related to this topic. In this way, Colombia will have more information on the reasons why the acceptance of results of conformity assessment in other countries of the Pacific Alliance is rejected. Clarity on these procedures may mean increased chances of entering other markets of the Parties.
- Because transparency obligations deepen, expand and improve the mechanisms through which the country can learn about technical regulations and procedures conformity assessment issued in other countries of the Alliance from Pacific. In this sense, the country ensures the possibility to make comments and recommendations on technical regulations issued in other countries of the Pacific Alliance, in order to facilitate the entry of Colombian products. In addition, mechanisms of direct participation of entrepreneurs are established during the process of issuing technical regulations and procedures conformity assessment in other countries of the Alliance and a grace period of at least six (6) is contemplated months before the effective date of any technical regulation or procedure of conformity assessment issued by the Parties. These transparency mechanisms allow better preparation Colombian exporters before entering any country of the Pacific Alliance.
- They expand and develop in detail the functions of the Committee on Technical Barriers to Trade, which will serve instance to defend the country's interests and deepen trade relations of Colombia within the framework of the Pacific Alliance.
ArtículoDescripción Article 7.2: Scope of AplicaciónEl Chapter shall apply to the preparation, adoption and application of all standards, technical regulations and procedures conformity assessment, including those related to metrology, which they could affect trade in goods. Excepted from the scope of chapter public procurement and sanitary and phytosanitary measures.
Article 7.3: Incorporation of OTC.Se TBT Agreement provides that the WTO Agreement is incorporated into and forms part of the chapter on Technical Barriers to Trade, mutatis mutandis
Article 7.4: Standards Internacionales.Se specifically provides that to determine whether there is an international standard, guide or recommendation for the issuance of technical regulations and procedures conformity assessment, the principles established in the decisions and recommendations adopted by the Committee on technical Barriers to Trade from January 1 shall apply 1995.
Article 7.5: Cooperation and Facilitation ComercioSe will seek to identify, develop and promote trade facilitating initiatives concerning technical regulations, standards and procedures of conformity assessment, taking into account the relevant experience of Parties in other bilateral agreements, regional or multilateral agreements that are appropriate. Among other cooperation initiatives include the following: - Intensifying joint cooperation to increase awareness and understanding of their respective systems .-- To promote the compatibility or equivalence of technical regulations and procedures conformity assessment.
- Use accreditation as a tool to recognize bodies conformity assessment established in the territory of the other Parties in accordance with internationally accepted practices and standards, as well as cooperation through mutual recognition agreements. - Encourage the convergence or harmonization with international standards, and - recognize and accept the results of the assessment procedures conformidad.Adicionalmente, the parties recognize the existence of mechanisms that allow greater regulatory consistency and that in turn help eliminate unnecessary technical barriers to trade. Such mechanisms may include: i) exchange of information; ii) promoting the use of good regulatory practices to improve the efficiency and effectiveness of standards, technical regulations and procedures conformity assessment; iii) advice and technical assistance; and iv) regulatory dialogue, among others. In addition, several provisions designed to encourage the exchange of information between the countries of the Pacific Alliance and the commitment to promote coordination among them to participate in international fora on standards set included.
Article 7.6: TécnicosSe Regulations establishes the obligation to explain the reasons why a technical regulation of either Party as equivalent is not accepted.
Article 7.7: Evaluation of ConformidadSe includes a commitment to the effect that the Parties make compatible, to the greatest possible extent, in accordance with international standards and with the provisions of the chapter on Technical Barriers to Trade, procedures conformity assessment. Voluntary agreements between agencies conformity assessment of the territory of the Parties .-- Agreements on mutual acceptance of the results of conformity assessment, technical regulations concerning -: to effect the following mechanisms were included, among others, Procedures .-- specific accreditation to qualify bodies conformity assessment .-- Approval or governmental agencies designation of conformity assessment .-- recognition of the results of conformity assessment performed in the territory of the Acceptance .-- other parts of the importing Party of the supplier's declaration of conformity. Overtaking the foregoing, the Parties: i) exchange information related to the above mechanisms; ii) explain the reasons for not accepting the results of the procedures of conformity assessment; iii) certify, approve, authorize or recognize bodies conformity assessment of the territory of the other Parties, on terms no less favorable than those granted to nationals, and when this happens, explain the reasons for their rejection; iv) consider favorably negotiate MRAs of the results of their respective procedures for conformity assessment and equally and in the event that no negotiations begin, they should explain the reasons; v) the possibility of requesting information on matters related to the results of conformity assessment is established.
Article 7.8: the commitments on transparency TransparenciaEn the article in question includes the following: - The Parties shall directly notified its proposed technical regulations and procedures conformity assessment (including those considered urgent); - The states of the Pacific Alliance should be reported even those draft technical regulations and procedures conformity assessment that are based on relevant international standards. - The Parties shall respond to the comments received from other parties during the consultation period specified in the notice and it shall make available to the other countries of the Pacific Alliance its responses to significant comments. - The states of the Pacific Alliance should it make available to the public, in a centralized Internet page, information on projects, technical regulations and procedures conformity assessment .-- It will also allow interested persons of the other parties directly involved in the internal procedures relating to the development of technical regulations and procedures conformity assessment in the same terms as nationals of each Party. - A period of sixty (60) days is established at least for Parties to submit comments against technical regulations and procedures conformity assessment of other Parties .-- is defined to be understood as "reasonable period" before the entry into force of any technical regulation, a term of six (6) months .-- the possibility of sharing the annual plans for standardization and technical regulations is contemplated.
Article 7.9: Committee on Technical Barriers to ComercioSe creates a Committee on Technical Barriers to Trade whose main function is to implement and manage chapter. In addition, establishing, among others, the following functions: - Increase cooperation for the development and improvement of standards, technical regulations and procedures conformity assessment .-- facilitate sectoral cooperation between governmental entities, as well as the process of MRAs and equivalence of technical regulations .-- exchange information on the work done in non-governmental, regional and multilateral fora engaged in activities related to standards, technical regulations and conformity assessment procedures .-- activities Check chapter in light of any developments under the TBT Agreement of the WTO and, if necessary, make recommendations to modify .-- Establish, if necessary, working groups to treat specific matters related to the chapter and the Agreement WTO TBT. - Establish mechanisms for the speedy acceptance of certificates of conformity assessment .-- favorably consider any proposal for a specific sector to deepen cooperation under Chapter.
Article 7.10: Exchange of InformaciónLas Parties shall endeavor to exchange information or any explanation concerning the provisions of Chapter no later than sixty (60) days. the commitment to ensure that the answers to the requirements of the Parties are made within thirty (30) days after the request was included.
Article 7.11: Annexes Implementación.Las Parties may negotiate annexes to deepen disciplines chapter on Technical Barriers to Trade, which will be an integral part thereof.
Article 7.12: Consultations TécnicasLas Parties should consider promptly and positively any request from another Party for consultations on specific trade concerns related to the implementation of the chapter. Similarly, by agreement between them, these consultations may take the place of the consultations referred to Article 17.5 of the agreement.
Annex 7.9: Committee on Technical Barriers to ComercioEl Committee on Technical Barriers to Trade will be coordinated as follows: - In the case of Chile, by the Directorate General of International Economic Relations of the Ministry of Foreign Affairs, or its successor ; - in the case of Colombia, the Regulation Department of the Ministry of Commerce, Industry and Tourism, or its successor; - in the case of Mexico, by the Directorate General Rules of International Trade of the Ministry of Economy, or its successor, and-- in the case of Peru, the Ministry of Foreign Trade and Tourism, or its successor.
The process of transparency and participation of civil society was permanent and for this purpose, usually convened meetings before and after each round.
In addition, it is noteworthy that during rounds that took place in the countries of the Pacific Alliance also the corresponding reports in the case of the table of Technical Barriers to Trade were made.
In addition, the negotiating team of the chapter on Technical Barriers to Trade presented its progress in the general meetings organized and coordinated by the Deputy Minister and Deputy Minister of Foreign Trade of the Ministry of Commerce, Industry and Tourism.
During these meetings participants were presented the progress of negotiations and detailed at the time the general and specific provisions were being discussed aspects.
This chapter aims, providing all suppliers interested in participating in public procurement processes, rules of transparency and non-discrimination principles which will be applied to entities of the central level, sub and other special entities, municipal and government companies mentioned in lists of each of the Parties.
Ii) Key benefits for Colombia
- the market's largest public procurement in the region is created, with an estimated value of US $ 70 billion (more than twice the federal Brazilian market, which is estimated at US $ 30 billion) .
- You can create value chains that will overcome the obstacles of scale and experience that are unique to public procurement markets.
- Colombian suppliers have access to hiring in high-growth sectors in the countries of the Alliance, such as:
Utilities - Oil and energy companies
- Health systems and education
public works sector - housing sector.
- Guaranteed reciprocal application of national treatment commitments in addition to transparency and due process in order to obtain an appropriate procedure for the Parties.
- Chapter includes commitments on issues such as recruitment advertising, the use of electronic means, different forms of procurement and challenge procedures which ensure effective and timely process.
- Commitments were agreed on cooperation in order to achieve a better understanding of the different procurement systems for countries in the Alliance.
- Is sought in particular to involve MSMEs, which contribute to economic growth and employment through the exchange of experience and information, development and use of electronic media in public procurement systems and strengthening institutional capacity building.
- Peru commitments that go beyond the national treatment is within the framework of the Andean Community, to include the goods market and establish rules of transparency and due process were agreed. In fact, in Peru Colombian suppliers already involved in public works, transport, energy, gas procurement, among others. This Chapter is expected to increase that participation.
- With Mexico, the commitments have to complement the bilateral agreement. It is estimated that only the Mexican market is US $ 52 billion, and Colombian suppliers have a vested interest in the pharmaceutical sector, among others.
- In Chile, this Chapter improve legal security providers. It is estimated that the size of its public procurement market is US $ 11.7 billion. It is a country where our suppliers have won bids in business and the provision of the Chilean army uniforms.
- Tend provisions are established for all Colombians bidders competing in the selection procedures on an equal basis, within the parameters of transparency, and in response to reasonable time limits.
Contents Chapter consists of 24 articles and one annex (8.2) containing commitments on the hiring process, entities, goods and services covered, and the particular exceptions of each Party.
ArtículoDescripción Article 8.1: DefinicionesEstablece definitions of concepts that are used repeatedly throughout this chapter.
Article 8th: Scope AplicaciónEstablece measures that a Party adopts regarding covered procurement, and provisions not covered by the chapter.
Article 8.3: Principles GeneralesIndica the general principles of national treatment, non-discrimination, and rules of origin that apply to all procurements covered.
Article 8.4: Offsets EspecialesSe determines that an entity may not impose offsets during a procurement process.
Article 8.5: ValoraciónEstablece commitments of an entity when calculating the value of a procurement for the purpose of determining whether it is a covered procurement.
Article 8.6: Specifications TécnicasSe states that entities may not apply technical specifications or evaluation procedures with the purpose or effect of creating an obstacle to trade between the Parties.
Article 8.7: Publication of Procurement Measures Parties undertake post them to publish timely measures regulating public procurement, and any amendments thereto is an electronic medium listed in Annex 8.2.
Article 8.8: Dealing Notice PúblicaEstablece situations in which entities should publish a notice of intended procurement and recruitment notice planned and their respective content through means which offer non-discriminatory access.
Article 8.9: Procedures ContrataciónEstablece the general rule for the award through open procedures, and other procedures will be used whenever an entity does not discriminate or to protect domestic suppliers.
Article 8.10: Deadlines for Submission of OfertasSe agree deadlines and terms to be met in procurement processes, taking into account the nature and complexity of the procurement.
Article 8.11: Documents ContrataciónLa contracting entity must provide all necessary information providers that allow you to participate in the procurement process, also indicates the descriptions must contain the documents.
Article 8.12: Conditions for ParticiparDetermina limits with the contracting entities to set the conditions for participation of bidders in tenders.
Article 8.13: Treatment of Tenders and Award of ContratosSe establishes equal and impartial treatment granted to the various entities deals in procurement processes, as well as the specific conditions of the offer for it to be awarded.
Article 8.14: Information on the commitments set AdjudicacionesSe publication on the award of a contract also the entity shall state the reasons for non selection of other bids.
Article 8.15: Integrity in Procurement Practices Publicase states that the Parties shall ensure the existence of even criminal administrative sanctions in order to prevent corruption or conflicts of interest in the procurement procedure.
Article 8.16: Procedures ImpugnaciónLas Parties establish a procedure for administrative or judicial review with the appropriate authority, which will review the challenge procedure.
Article 8.17: Using Media ElectrónicosSeñala the Parties shall endeavor to make procurement covered by electronic means complying with certain commitments such as security and the integrity of requests for bids.
Article 8.18: Modifications and RectificacionesSe set the parameters in the event that the Parties seek modify their lists contained in Annex 8.2 comply with certain provisions.
Article 8.19: Information not DivulgableEstablece Parties, entities and commitments authorities nondisclosure of certain information which could harm the legitimate commercial interests.
Article 8.20: ExcepcionesIdentifica Where this Chapter does not apply.
Article 8.21. Facilitating the Participation of Micro, Small and Medium EmpresasSe recognizes the importance and commitment to the participation of MSMEs in government procurement and preferential treatment they receive.
Article 8.22: CooperaciónEstablece commitments for entities and entrepreneurs of the Parties can more knowledge and information generated and thus achieve a better understanding of their respective government procurement systems.
Article 8.23: Publicase Recruitment Committee establishes the Committee on Government Procurement and their functions are indicated.
Article 8.24: Negotiations FuturasSe establishes the possibility of future negotiations on this chapter in order to expand coverage and if that Party accords to suppliers of a non-Party, greater access to its public procurement market accorded to suppliers of the other Parties under this Additional Protocol.
8.2Sección Annex A: Central Level Entities Federal Government or the Partes.Sección B: Entities Subcentral sub-federal level or Government of the Parties. Section C: Other Covered Entities of the Parties. Section D: Goods Party. Section E: Services of the Parties. Section F: Construction Services Party. Section G: General Notes and Derogations of the Parties. Section H: UmbralesSección I: Value of UmbralesSección J: Publications.
CROSS-BORDER TRADE SERVICES.
Establish clear and enforceable disciplines to facilitate access, operation, and development of cross-border services way through the elimination of local measures that could have distorting or discriminatory effects of trade .
Ii) Key benefits for Colombia
- This chapter is expected to strengthen the conditions of certainty and transparency to service providers of the four countries.
- Facilitation of export of services across borders, ie from Colombia to other countries of the Alliance, either through physical movement of the provider or consumer, or without it.
- Trade opportunities for those individuals or companies that can sell their services from Colombia without having to travel or settle in Mexico, Chile or Peru.
- Opportunity to increase the export potential of Professional Services in the Spanish-speaking market.
- Chapter gives the possibility that the bodies responsible for issuing temporary in each of the Parties licenses, develop procedures for the temporary licensing of professional service providers of the other Party.
- Colombia maintained the discretion to support service sectors in general and in particular measures current and future spaces remained to promote the services sectors reserved in other trade agreements.
Contents Chapter consists of 16 articles, an Annex on Professional Services, and two annexes Conforming Measures (Annex I and Annex II).
ArtículoDescripción Article 9.1: DefinicionesSe define the most important concepts for Chapter: trade in services, the service provider of a Party, specialty air services, automated reservation systems, professional services, sales and marketing air transport services.
Article 9.2: Scope of AplicaciónEl Chapter applies to measures adopted or maintained by a Party affecting cross-border trade of services provided by service providers of another Party. Within the descriptive list of such measures, including those affecting they include: production, distribution, marketing, sale and delivery of a service; the purchase or use of, or payment for, a service; access to and use of distribution systems, transport or telecommunications networks and services related to the provision of a service; the presence on its territory of a service provider of another Party; and the provision of a bond or other form of financial security as a condition for the provision of a servicio.También explicitly indicates the topics that are not covered by Chapter, namely financial services and public procurement to be covered elsewhere the agreement, scheduled and non-scheduled air services, subsidies, services supplied in the exercise of governmental authority, access to the labor market and migration issues.
Article 9.3: Treatment NacionalLas parties must give similar to a service provider of any of the other countries treatment than that which is granted to its own suppliers, whenever circumstances under which the services rendered are similar .
Article 9.4: Nation Treatment FavorecidaA service providers Colombia should be granted, at least, the same treatment as other countries in Alliance granted to service providers of any other country not party to this Agreement, provided that the circumstances are similar.
Article 9.5 Presence LocalPara to provide a service across borders to Mexico, Chile and Peru, none of these countries Colombia may require that their service providers establishing or maintaining representative offices or any other form of business in their territories nor impose conditions of residence for that purpose.
Article 9.6: Access to MercadosLos Alliance countries may not impose any numerical restriction, expressed as maximum thresholds, the number of service providers, the total value of service transactions, the number of service operations, or number of employees that a service provider Colombia considers necessary to provide a service. Additionally, this discipline states that may not require a service provider to be constituted Colombia under a specific type of legal entity, or to be associated with local companies to supply the service.
Article 9.7: Measures DisconformesEl Chapter is considering exceptions to the principles of liberalization, provided they are entered in the form of annexes of nonconforming measures. These annexes are two: Annex I which includes all the existing measures at the time of negotiation, and Annex II are future reservations that give states the power to establish sectors, subsectors or activities where certain discretions are reserved front agreed to the principles of liberalization.
Article 9.8: Transparency Commitment complements the obligations of Chapter XVI "Transparency", to the extent that the Parties shall endeavor to establish and maintain mechanisms for consultations related to the regulation, respond to comments made before the issuance of a regulation, and give reasonable time between changes, the entry into force of regulations and reporting changes made in the annexes of nonconforming measures.
Article 9.9: Regulation NacionalSeñala the right to regulate by the Parties, provided that not nullify or impair commitments; that the criteria for issuing regulations must be objective and not more burdensome than necessary; and proceedings before the application for permits, licenses and qualifications for the provision of services are established.
Article 9.10: Recognition MutuoDeja the possibility that the competent authorities of each Party may recognize qualifications and licensing service providers of the other Party through unilateral recognition, or the negotiation of mutual recognition of licenses, certifications, professional and accreditations granted in any service activity titles.
Article 9.11: SubsidiosSe provides that the parties shall exchange information on subsidies and other trade-related services and forms welcome the results of Article XV of the General Agreement on Trade in Services (GATS) of the World Trade Organization (WTO ). Article 9.12
Services ComplementariosLas Parties shall endeavor to publish, update and exchange information on their service providers they deem relevant, with the aim of promoting the creation of value chains in the business sector.
Article 9.13: Transfers and PagosLas Parties undertake to remove obstacles to payments and transfers for the provision of services and expressly limit the reasons that limit or delay transfers when done for legal reasons. This commitment is limited to Mexico, Peru and Colombia and may be extended to Chile, if this country grants equivalent treatment in another trade agreement.
Article 9.14: Trade Statistics ServiciosLas Parties shall encourage the competent authorities to exchange information and methodologies trade in services statistics.
Article 9.15: ServiciosSe Subcommittee Subcommittee creates a service under the Joint Committee set up under Article 10.33 in charge of the implementation and administration of Chapters Investment and Cross-Border Services in order to discuss related matters of interest to Parties through the exchange of information and cooperation on issues of services.
Article 9.16: Denial of BeneficiosSe set the grounds for a party is not obliged to grant or maintain the benefits of the Chapter to service providers from other Parties, provided prior notification.
Annex 9.10: Services ProfesionalesA through this Annex, the Parties undertake to encourage their professionals to develop standards and criteria mutually acceptable for the granting of licenses and certificates to professional service providers bodies. Similarly, it sets out the rules and criteria that could be considered when negotiating an agreement of mutual recognition, emphasizing the temporary licensing for professional engineering services.
Annex IMedidas existing in the national legislation of each country that are contrary to the principles of liberalization and that you want to keep.
Annex IISectores, sub-sectors or service activities on which the country may adopt any regulation in the future without violating their commitments under the Agreement.
CHAPTER X. INVESTMENT.
Objective To establish a fair and transparent legal framework that promotes investment through the creation of a stable and predictable environment that protects the investor, his investment and related flows, eliminating barriers to investment from the other Parties (States Pacific Alliance). Chapter facilitates foreign investment in the conditions of entry and establishment.
This chapter is divided into three sections A, B and C, each dedicated to the following topics: Section A includes definitions and standards of treatment for Investment; Section B includes the latest developments adopted by the countries of the Pacific Alliance in connection with the settlement of disputes between investors and the state; and Section C which includes additional materials and clauses or commitments last generation in International Investment Agreements that meet the needs of growth and development of countries of the Pacific Alliance and highly complementary existing commitments between the four countries on investment.
Ii) Key benefits for Colombia
- fair and transparent legal framework. a framework of standards of protection and express benefits in Chapter, so states that States Parties create optimal conditions for the development of investment activities conditions.
- Investment that give confidence to investors of the other Parties to enter the market of other states or expand their existing investments international protection standards are established.
- Better investment climate. Which will result in higher levels of investment in Colombia in the countries of the Pacific Alliance and Colombia in Chile, Peru and Mexico.
- Enabling environment. One of the indirect benefits is consolidation at the time of the agreed treatment because it is a commitment of public international law is maintained regardless of changes in government.
- Substantial reduction of non-commercial risk of the investor and investment protection of Colombians in the countries of the Alliance.
- Establishment of an area of deep integration that seeks gradual progress towards the goal of achieving free movement of goods, services, investment and people in the region of the Pacific Alliance.
Iii) Contents: Chapter consists of 33 articles and 6 Annexes ArtículoDescripción
Article 10.1 Section A: DefinicionesSe establishes the definition of those terms that are relevant to this chapter, within which it investment worth noting, covered investment, investor of a Party, among others.
Article 10.2: Scope AplicaciónEl chapter applies to both existing investments such as those made after the entry into force of the Additional Protocol. Does not apply to prior to entry into force, or measures covered by the Financial Services Chapter disputes. State retains the power to establish monopolies and states that the Chapter applies state enterprises or other entities are exercising any regulatory, administrative or other governmental authority delegated.
Article 10.3: Relation to Other CapítulosEstablece the prevalence of other Chapter when there is incompatibility with the Investment Chapter to the extent of the inconsistency.
ArtículoDescripción Article 10.4: Treatment NacionalSe gives the same treatment to investors and foreign investment covers that investors and domestic investment. Nondiscrimination.
Article 10.5: Nation Treatment FavorecidaSe based on the principle of equality and aims to prevent discrimination against investors of the other Parties against investors or investments of investors of third States. the settlement procedure investor-state dispute are exempted.
Article 10.6: Minimum Standard of TratoExtiende to covered investments treatment in accordance with customary international law, including "fair and equitable treatment" and "full protection and security".
Article 10.7: Treatment for contiendaObligación to grant non-discriminatory treatment to investors of the other Parties and their investments, with respect to investors and domestic investments or third countries, if the receiving State take investment measures relating to losses suffered by investments due to armed conflict or civil strife.
Article 10.8: Requirements DesempeñoSu purpose is to prevent some conditions on the establishment and the free activity of company investors.
Article 10.9: Senior Management and Boards prevent DirectivasBusca has conditionings of nationality for senior executives within companies covered by Chapter. But leaves open the possibility that boards can have conditions of residence or nationality, as long as this does not affect the control that the investor may have about your investment.
Article 10.10: Measures disconformesCrea the possibility that parties excluded from the application of the Additional Protocol agreed some obligations, those rules, programs, sectors or areas that are of national interest.
Article 10.11: receiving the investment TransferenciasEl State undertakes to allow the transfer, without undue delay, of all amounts related to an investment, such as initial capital contributions, profits and dividends, the proceeds from the total or partial sale of the investment, loan payments, etc. However, exceptions are kept in certain cases that were discussed in Chapter General exceptions Article 18.6 of the Additional Protocol temporary safeguard measures.
Article 10.12 Expropriation and CompensaciónEstablece the obligation on States Parties not to expropriate illegally, but always in line with established procedures, that is, for reasons of public utility in a non-discriminatory manner, by paying a compensation according to the fair market value of the investment, and adherence to due process. It is clarified that the issuance of a compulsory license does not constitute an expropriation under the TRIPS Agreement.
Article 10.13: Denial of BeneficiosCrea the possibility that a party may refrain from extending the benefits of Chapter certain investments or investors, when these are controlled or owned by investors of a third country or the country that denies, and the company has no substantial business activities in the territory of the Party which claims to be original.
Article 10.14: Special Formalities and requirements InformaciónDa the possibility of requiring special formalities for the establishment of an investment or for administration and routine information regarding the investment, and also confidential in accordance with the law national, although this goes against the obligations of the Chapter.
Section B. Settlement of Disputes between a Party and an investor of another Party.
Article 10.15: Consultation and NegociaciónEstablece direct settlement period, begins with a written request, provide the name and address of the claimant, violations of the Chapter and a brief description of the facts that the start of consultations is based. These consultations have a term of 6 months renewable.
Article 10.16: Submission of a Claim to arbitrajeSe establish arbitration forums where the investor can file a claim and deadlines in order to access these mechanisms need to exhaust the consultation period and three months before submitting the claim to arbitration. The requirements are the violation of an obligation under Section A and as a result of this investment losses. The notice of intent must contain the name and address of the applicant, the violated provisions of fact and law, the relief sought and the appointment of an arbitrator.
Article 10.17: Consent of each Party to establish consent Arbitraje.Se for any claim arising out of the commitments of this Chapter to arbitration under any of the forums mentioned in the previous article.
Article 10.18 Conditions and limitations to the consent of each ParteSe establishes a three-year term as the deadline for the investor to take a dispute to arbitration and the obligation of not having submitted the same dispute to another forum, whether domestic or international.
Article 10.19: Selection of árbitrosSe establishes the composition and structure of arbitration courts and qualities, knowledge and experience of the arbitrators, and the powers of the Secretary General as appointing authority.
Article 10.20 ArbitrajeSe Realization establish rules on the place of arbitration, on jurisdiction, minority interest, preliminary objections, precautionary measures and formalities of the award.
Article 10.21: Transparency in arbitralesSe procedures established the obligation to make available to the other States and the public all the documentation submitted by the plaintiff, the defendant and produced by the court. Hearings shall be public and exceptions to transparency as confidential information or for reasons of essential security, and domestic legislation and the way of presenting such information are determined.
Article 10.22: AplicableSe law establishes the Additional Protocol applicable law, applicable international law and interpretations of the Free Trade Commission of the Additional Protocol.
Article 10.23: Interpretation of Annexes Measures DisconformesSe establishes procedures for Commission decision as a matter contained in Annexes I or II of Conforming Measures stand as a defense.
Article 10.24: Reports ExpertosSe states that if necessary, a court may appoint experts or receive reports from experts, especially for environmental, health, safety, labor or other scientific matters when they have been raised by disputing party.
Article 10.25: Accumulation of ProcedimientosSe creates a special procedure for the settlement of all claims together different investors present in relation to the same facts and the same cause.
Article 10.26: LaudosSe establish the characteristics of awards and issues about which you can pronounce and performance requirements thereof.
Article 10.27: Delivery of documents are therefore establishes the place to make notifications and other documents in accordance with Annex C. Section 10.27
Supplementary Provisions Article 10.28: Relationship with other SeccionesSe states that this section shall not be subject Settlement Mechanism of Investor-State, nor to Dispute Settlement State-State.
Article 10.29: Promotion of InversionesSe highlights the importance of promoting investment through Investment Promotion Agencies.
Article 10.30: Liability Policy SocialLas Parties recognize the importance of promoting their companies implement policies of sustainability and social responsibility and to promote the development of the country. They also encourage voluntarily incorporate corporate social responsibility standards that have been approved by the States. They include labor rights, environmental, human rights, fighting corruption among others. It is recognized implement the commitments of the OECD Guidelines for Multinational Enterprises.
Article 10.31: Investment and measures on health, environment and other objectives regulatoriosEstablece it is not appropriate to promote investment by reducing standards in these matters. State retains the power to take measures in accordance with Chapter for the investment to be undertaken considering interests related to health, environment and other regulatory goals.
Article 10.32: ImplementaciónEstablece that the Parties shall consult annually on the implementation and use Chapter Chapter by the private sector.
Article 10.33: Joint Committee on investment and a joint committee responsible for the implementation and administration of Chapters Investment and Cross-Border Services in order to discuss related matters of interest to the Parties through the exchange creates serviciosSe information and cooperation on these issues.
Annexes Annex 10.6: International Law Consuetudinario.Aclara the concept of customary international law.
Annex 10.11: application of articles TransferenciasAclara Transfers in bilateral relations with Chile. The cross exceptions are discussed in Article 18.6 General Exceptions.
Annex 10.12: ExpropiaciónSe establishes a test on what a court may consider in deciding whether there is indirect expropriation. the power of the state to take measures to protect legitimate public welfare objectives without this being considered expropriation is clarified.
Annex 10.27: Service of Documents on a Party under Section BSE given the names of entities and addresses where you can submit notifications dispute settlement mechanism Investor-State.
Annex ArtículoDescripción Decree Law 600 of ChileSe clarifies that Decree-Law 600 establishes a voluntary and special investment regime in Chile and that the obligations contained in Chapter do not apply to such a scheme.
Annex Exclusions DiferenciasMéxicoSe Settlement clarifies that the resolutions of the National Foreign Investment Commission, established in existing measures 2 and 3 of the Mexico List of Annex I shall not be subject to dispute settlement mechanisms Investor- State and State-State.
Establish clear and enforceable disciplines to facilitate access, establishment, operation, and in some cases, the cross-border services trade way, through the elimination of local measures that may affect development of financial activity in the territory of either Party.
Ii) Key benefits for Colombia
- Consolidation of opening level by Chile, Mexico and Peru important that enable Colombia strengthened to become an export platform of financial services to those markets.
- Facilitating the export of certain financial services across borders, ie from and to Colombia, to Chile, Mexico and Peru, either through physical movement of the provider or consumer, or without it.
- Facilitation payments and transfers through a better relationship between financial institutions of countries, or direct establishment of Colombian companies in the territory of the other countries of the Alliance.
- Colombia maintained the discretion to keep some measures and protect sensitive sectors (eg social security) general financial matters, as well as exceptions to implement Prudential Measures to ensure the stability and solvency of the financial sector.
Contents Chapter consists of 21 articles and four Annexes to deepen the agreed treatments.
ArtículoTema Article 11.1. DefinicionesSe define the most important concepts for Chapter including self-regulatory organization, border trade in financial services, investment, financial services, new financial service, etc.
Article 11.2. AplicaciónEstablece scope of that Chapter applies to financial institutions, investors in financial institutions and cross-border trade in financial services. It also establishes the relationship between this Chapter, Chapter Foreign Investment and Trade Chapter Transfronterizo.Se indicates that this chapter does not apply to measures relating to public retirement plans or retirement, or security systems Social.
Article 11.3. Treatment NacionalEl article establishes the obligation of the Parties to grant financial institutions, investors in the financial area and the companies providing financial services of the other Party treatment similar to that accorded to its own institutions, investors, or their own companies providing financial services, where circumstances are similar.
Article 11.4. Nation Treatment FavorecidaLas Parties undertake to give financial institutions, investors, or financial service providers of the other Party the best treatment that grant to institutions, investors, and suppliers of any third country, provided that the circumstances are similar.
Article 11.5. EstablecimientoSe right to make a commitment to allow the establishment or acquisition of a financial institution, without any numerical restriction or requirement of a specific type of legal form; although the parties the possibility of imposing special conditions for the provision of financial services are reserved.
Article 11.6.Comercio TransfronterizoLas Parties undertake to allow the provision of specialized financial services incorporated in Annex 11-6 under the preferential terms set forth in article National Treatment.
Services FinancierosSe creates a commitment to allow financial institutions of the other Party to supply a new financial service without requiring additional legislative developments, provided that its authorization be given to local financial institutions.
Article 11.8. Treatment of Certain InformaciónCon this article the Parties undertake to keep confidential the financial affairs and accounts of individual customers, and information that could prevent compliance with legislation affecting the public interest, or prejudice the legitimate commercial interests of particular enterprises.
Article 11.9. Senior Management and Boards DirectivasSe make a commitment not to require a specific nationality for essential staff or senior executives of a financial institution. Also require a residence for members of the board of a financial institution, this requirement does not affect control of the company.
Article 11.10. Chapter DisconformesEl measures envisages exceptions to the principles of liberalization, provided they are entered in Conforming Measures form in Annex III. Exceptions can be maintained for commitments National Treatment, Most Favored Nation Treatment, Law on Establishment Cross-Border Trade and Senior Management and Boards of Directors. Annex III has two parts, those existing at the time of negotiation measures, and future reservations that give states the power to establish sectors, sub-sectors or specific financial activities where certain discretions reserved against the principles agreed liberalization.
Article 11.11.ExcepcionesLas Parties agree the importance of maintaining discretion regarding the implementation of prudential measures to protect the financial sector, investors, and its users. Also the ability to prevent or limit transfers through measures, nondiscriminatory, equitable, and good faith is established.
Article 11.12.Reconocimiento and ArmonizaciónLas Party may recognize prudential measures taken by another Party or a non-Party by a unilateral recognition or harmonization or through an agreement or arrangement.
Article 11.13. Transparency and Administration of Certain Measures seeks to promote transparency in regulations and policies governing institutions and financial service providers through the early publication of future regulations, the opportunity to discuss regulatory changes, publishing requirements, information on the status of applications for approval necessary for the provision of financial services, among others.
Article 11.14. AutorreguladasLas entities Parties undertake to ensure that treatment a self-regulatory entity involved compulsory membership to the financial institution of the other Party within the precepts of the National Treatment and Most Favoured Nation agreed.
Article 11.15. Payment and Clearing Systems agreed National treatment must be extended to access needed to use the Compensation Payment Systems and managed by public entities.
Article 11.16. EspecíficosCada commitments Party sets its specific commitments in Annex 11.16.
Article 11.17. Processing DatosLas Parties allow the transfer of data by financial institutions, subject to prior authorization from the regulator or relevant authority, as required, and keeping compliance with the regulations of personal data protection of the Party from where it is transferred the information.
Article 11.18. FinancierosSe Services Committee creates a Financial Services Committee composed of representatives of each Party. The purpose of the Committee is to oversee the implementation of the Chapter, consider any matter relating to financial services to submit the Parties and Participate in Dispute Resolution procedures on the subject, among others.
Article 11.19. ConsultasLas Parties established a commitment to engage in consultations and give due consideration to discuss any topic related to measures affecting trade in financial services. Officials participating in the consultations are set out in Annex 11.18.
Article 11.20. ControversiasSe solution provides for an additional and specialized procedure to be followed when the difference in question in Chapter XVII "Dispute Settlement" relating to financial services. Among the aspects that are developed are additional eligibility conditions for the panelists of a dispute in financial matters.
Article 11.21. State Chapter - Disputes between a Party and an investor of another Party special and preliminary procedure for the establishment of an arbitration tribunal with a view to resolving investment disputes in financial institutions, which complements the System Dispute Settlement Investor is established X "investment".
Annex 11.6.Comercio TransfronterizoSe include specific services that can be provided for cross-border manner under Article 11.6, for the sectors: insurance and related insurance;. and Banking and Other Financial Services.
Annex 11-16.Compromisos EspecíficosSe establish specific commitments on investment advice and non-discriminatory treatment to investors of the other Parties.
Annex 11-18.Autoridades responsible for FinancierosCada Services Part sets out what the authorities responsible for the services and financial institutions are.
Annex IIIRecoge both measures existing in the national legislation of each country that are contrary to the principles of liberalization and you want to keep, such as sectors, sub-sectors or service activities on which the country may adopt any regulation future without violating the commitments under the protocol Pacific Alliance.
I) Objective To establish mechanisms
facilitation, cooperation and transparency in order to increase productivity and efficiency in the maritime and related services sector.
Ii) Key benefits for Colombia
- The countries of the Pacific Alliance will gradually advance mechanisms to strengthen the competitiveness of this sector.
- Is stable national treatment for providers of maritime services between the countries of the Alliance.
This chapter consists of 12 items.
ArtículoTema Article 12.1. DefinicionesSe define the most important concepts for Chapter including Party vessel, recognized organization, provider of shipping services, shipping related services.
Article 12.2. AplicaciónCubre scope of measures affecting services international shipping and related maritime transport services provided by a service provider of another Party.
Article 12.3.Participación in the Transport yourself establish cooperation mechanisms to adopt best practices in order to foster an environment of maritime transport facilitation continuous improvement.
Article 12.4.Trato Parties shall NacionalLas treatment no less favorable ports to vessels of the other Party than it accords to its own vessels with regard to free access, stay and departure ports, the use of port facilities and all the facilities guaranteed by this in connection with trade and navigation operations for ships, crew and cargo.
RepresentantesLos Article 12.Agentes and maritime service providers may establish representations in the territories of the other Parties.
Article 12.6.Reconocimiento Documentation BuquesLas Parties recognize the travel documents of a ship of another Party issued by the competent authority of the Party or by a recognized international organization.
Article 12.7: Recognition of travel documents of the crew of a ship in a ParteLas Parties shall recognize as travel documents of the crew of a vessel of a Party passport and / or marine current book. They also agree to provide treatment no less favorable than the nationals of the Party receiving the vessel.
Article 12.7: JurisdicciónLas disputes arising between an owner of a Party and member of the crew of another Party shall be resolved by the competent authorities of the Party whose flag the vessel belongs.
Article 12.9: Electronic Data Interchange InformaciónLas authorities shall endeavor to maintain cross-border flows of information as an essential element in fostering a vibrant environment of maritime services.
Article 12.10: Competitiveness in the MarítimoLa Parties Sector work on joint strategies such as facilitating regional maritime transport, development of logistics chains, multimodal transport facilitation, among others, to improve competitiveness and deep integration the region.
Article 12.11: CooperaciónSe working together on ways to reduce barriers to maritime transport services, share information and experiences, exchange students, among other cooperation activities that help the efficiency of maritime and related services sector.
Article 12.12: Points Contactto the implementation of this Chapter the respective contact points of each Part.
promote the development of e-commerce offering security guarantees for users and avoiding unnecessary barriers to trade.
Ii) Key benefits for Colombia
- No not impose customs duties, taxes, fees or other charges on the importation or exportation of digital products transmitted electronically.
- Chapter will promote the growth of electronic commerce by the mechanism of cooperation, measures to protect consumers from fraudulent and deceptive e-commerce business practices, and protection of personal information.
This chapter comprises 14 articles, like this:
ArtículoTema Article 13.1: DefinicionesPara purposes of Chapter defined: trade conducted electronically, trade administration documents, personal information, interoperability, unsolicited emails and digital products.
Article 13.2: Scope AplicaciónAplica to measures affecting electronic transactions of goods and services, subject to the relevant provisions of the e Investment and Services.
Article 13.3: Provisions GeneralesLas Parties recognize the importance of growth potential of e-commerce and relevant factors that may lead to confidence in users, facilitate electronic commerce, and to avoid unnecessary barriers to such trade.
Article 13.4: Rights AduanerosNo be imposed customs duties, taxes, fees or any other charges to the importation or exportation of digital products.
Article 13.5: TransparenciaLas Parties undertake to publish regulations, procedures and administrative rulings of general application that pertain to electronic commerce.
Article 13.6: Protection of ConsumidoresLos countries seek to exchange information and experiences on national systems for the protection of consumers involved in electronic commerce. Likewise, it may provide for evaluation of alternative dispute resolution mechanisms that are generated in electronic commerce.
Article 13.7: Trade Administration without papelLas Parties shall endeavor to accept trade administration documents submitted electronically as the legal equivalent of the paper version of such documents.
Article 13.8. Information Protection PersonalLas Parties may adopt necessary for the protection of personal information of users who participate in electronic commerce measures.
Article 13.9. Commercial electronic messages not SolicitadosLas Parties shall take or maintain measures to protect users from unsolicited commercial electronic messages.
Article 13.10. Authentication and DigitalesNinguna Certificates Party may adopt or maintain legislation for electronic authentication, which prevents the parties to a transaction by electronic means, have the opportunity to test before the judicial or administrative authority concerned that such electronic transaction meets the requirements established authentication by its law.
Article 13.11. Transborder flow InformaciónLas Parties undertake to elaborate on this theme later way this negotiation.
Article 13.12. CooperaciónSe work together to promote and facilitate the use of electronic commerce, highlighting the main elements affecting such trade.
Article 13.13. Administration CapítuloLas Parties shall work to achieve the objectives of this chapter by using different means.
Article 13.14. Relationship CapítulosEn case of an inconsistency between this Chapter and another Chapter, the other Chapter shall prevail to the extent of the inconsistency.
The telecommunications chapter aims to regulate and facilitate the access and use of networks or public telecommunications services between providers of public telecommunications services, obligations on major suppliers and encourage competition in the sector between countries of the Alliance.
Ii) Key benefits for Colombia
- Access and use of networks of public telecommunications services under affordable and non-discriminatory conditions for the provision of their services.
- Transparency in procedures, authorizations, allocation of scarce resources, dispute resolution, and interconnection with major suppliers.
- Opportunity to enter new markets for the provision of services based on the use of telecommunications networks.
- Guarantees national treatment for providers of networks and public telecommunications services; competitive safeguards measures that prevent the use of anticompetitive practices.
Contents Chapter telecommunications consists of 23 articles and an annex for rural telephony providers Peru.
ArtículosTema Article 14.1.DefinicionesPara purposes of this Agreement defined authorization, leased circuits, collocation, essential facilities, interconnection, interconnection offer reference standard interconnection offer, regulator, cost-oriented, a leading provider , number portability, a major supplier, among others relevant to the content of the chapter.
Article 14.2. AplicaciónSe field specifies the scope of the chapter, which covers measures relating to access to and use of networks and public telecommunications services, the obligations related to network providers and public telecommunications services and other measures. It also clarifies that is not covered by chapter, measures related to broadcasting and cable distribution of radio or television.
ArtículosTema Article 14.3. Access to and use of networks or services of TelecomunicacionesSe guarantees to companies of the other Party access and use networks or public telecommunications services offered in the territory of the Party under terms and reasonable and nondiscriminatory conditions.
Article 14.4. InterconexiónEsta obligation is on major suppliers of the territory of each Party so that interconnection is guaranteed to suppliers of the other Party in any economic and technically feasible point of its network under terms, conditions and non-discriminatory tariffs. Additionally, the various available mechanisms are established to achieve an interconnection agreement with major suppliers.
Article 14.5. NuméricaSe ensure portability number portability in a timely manner and on terms and reasonable and nondiscriminatory conditions. For Colombia this obligation only applies to mobile phone services.
Article 14.6. Access Numbers TeléfonoSe seek to ensure that providers of public telecommunications services of the other Party are afforded non-discriminatory access to telephone numbers.
Article 14.7. Safeguards CompetitivasLas Parties undertake to take measures to prevent major suppliers in its territory to engage in practices that go against free competition.
Article 14.8. Supplier ImportantesSe establish interconnection obligations to ensure interconnection with major suppliers through general terms and conditions, request for interconnection mechanisms, mechanisms of interconnection procedures and availability of basic interconnection offers.
Article 14.9. Treatment of Suppliers ImportantesSe ensures that important suppliers accord treatment no less favorable than that accorded to its subsidiaries, affiliates or unaffiliated suppliers.
Article 14.10. ReventaLas Parties undertake to major suppliers offer services on reasonable terms and resale and nondiscriminatory conditions.
Article 14.11. Disaggregating elements RedLos telecommunications regulatory agencies have the authority to require major suppliers in its territory provide access to network elements on an unbundled basis.
Article 14.12. Supply and Pricing Circuit ArrendadosSe ensure that major suppliers provide companies of the other Parties leased on terms, conditions and rates that are reasonable and non-discriminatory circuits.
Article 14.13. CoubicaciónSe ensure that major suppliers provide the physical collocation of equipment necessary for interconnection or access to unbundled network elements.
Article 14.14. Access to poles, ducts, conduits and rights he removed ensure that major suppliers provide access to poles, ducts, conduits and rights owned or controlled by such major suppliers of public telecommunications services suppliers of the other Parties step.
Article 14.15: Regulators IndependientesSe guarantees the independence of regulatory bodies in issuing decisions and regulations issued.
Article 14.16. AutorizacionesCuando it requires a supplier networks or public telecommunications services license, concession, permit, registration or other authorization to provide public telecommunications services, the parties should ensure that the criteria and procedures established for such authorization are public, and as respond to the request within the time set.
Article 14.17. Attribution, Allocation and Use of Resources EscasosLos countries can manage the allocation and use of scarce telecommunications resources in an objective, timely, transparent and non-discriminatory manner. This administration does not imply a breach of the obligations of market access chapter of border trade in services.
Article 14.18. Service UniversalCada Party has the autonomy to define the kind of universal service obligations.
Article 14.19. TransparenciaLas Parties undertake to make available to the public measures relating to networks or public telecommunications services, regulation of the regulatory body, tariffs for end users, and other relevant information to providers of public telecommunications services information.
Article 14.20. International Roaming The Parties shall promote competition in international roaming rates.
Article 14.21. Flexibility in the Choice of TecnologíasSe provides the flexibility for providers of public telecommunications services necessary to choose the delivery of their services, subject to requirements necessary to satisfy legitimate public policy interests technologies.
Article 14.22. Dispute About TelecomunicacionesLos providers of each Party may go to their regulatory body to resolve related to the provisions of Article 14.3 to 14.14 of this dispute capítulo.Los providers have the right to use mechanisms for review and judicial review of decisions or resolutions regulatory body.
Article 14.23: Relationship CapítulosFrente any inconsistency between this Chapter and another in this protocol, this chapter shall prevail.
contribute to facilitate the timely knowledge of rules, procedures and administrative rulings related to matters that treats the Additional Protocol and provides for the existence of administrative proceedings governed by principles and non-discriminatory rules to ensure due process and give legal certainty to the actions of the Administration.
Ii) Key benefits for Colombia
In the area of transparency, clear rules that guarantee, throughout the implementation and application of the Protocol, legal certainty and transparency between the administrative decisions of the Parties were achieved.
Contents Chapter consists of 6 articles and 1 Annex:
ArtículoDescripción Article 15.1.DefinicionesConsagra the definition administrative ruling of general application, applicable to this chapter only.
Article 15.2.Puntos of ContactoEstablece the obligation of the parties to designate a contact point to facilitate and receive all communications, notifications and information provided by them, on any matter covered by the Protocol.
Article 15.3.PublicaciónEstablece the obligations of the Parties to publish their rules and procedures and administrative rulings of general application relating to the disciplines covered by the Protocol.
Article 15.4.Notificación and Supply InformaciónEstablece a mechanism for notification and provision of information between the parties to ensure a smooth exchange of information related to any internal arrangement that may affect matters covered by the Protocol.
Article 15.5. AdministrativosEstablece procedures principles and procedural guidelines aimed at ensuring due process in the framework of administrative procedures to particular persons, goods or services of the Parties.
Article 15.6.Revisión and ApelaciónGarantiza that exist in the territory of the mechanisms for review of administrative decisions, where necessary correction, which fall within covered by the Additional Protocol issues given due process Parties.
ANNEX Annex 15.2.Puntos of Contactto the purposes of Article 15.2, the contact points in each of the Parties are designated.
Administration Chapter of the Additional Protocol to the Framework Agreement of the Pacific Alliance creates the Free Trade Commission as the main body of management of the international instrument and Committees, Subcommittees and Working Groups indicate that make the institutional framework of the Protocol.
Contents Chapter consists of 2 articles and 2 Annexes:
Article 16.1.La Commission ArtículoDescripción Free ComercioSe creates the Free Trade Commission, how shall consist defined, the rules on periodicity and chairing meetings.
Article 16.2. Functions of the Commission of Free ComercioEstablece the functions of the Free Trade Commission and the powers it has to contribute to the achievement of the objectives of the Protocol.
ANNEXES Annex 16.1. Commission members Free ComercioPrevé how the Free Trade Commission is integrated. In the case of Colombia, it is the Minister of Commerce, Industry and Tourism.
Annex 16.2. Committees, subcommittees and workplace in this annex the list of committees, subcommittees and planned work throughout the Protocol establishing, whose act will promote the application and correct operation and submit reports and recommendations to the Commission Free trade.
- Have a mechanism for resolving disputes over interpretation and application of the provisions of the Additional Protocol to ensure compliance with the obligations contained therein.
- Ensure that Parties have prior to the establishment of the Arbitration Panel, in order to reach a mutually acceptable solution instances.
- Ensure Parties due process.
- Prevent the establishment of the Arbitration Panel rely solely on the will of the parties and establish a mechanism to appoint and constitute the panel expeditiously.
- Ensure that the Arbitration Panel count with rules and standards in its procedures, to ensure objectivity and good judgment of the panelists.
- Have a procedure that does not require the agreement of the Parties for the development of its stages.
Ii) Key benefits for Colombia
- clear and expeditious procedures to address the claims that Colombia may have on the implementation of the Protocol by the other parties thereto, and mechanisms to promote compliance with the decisions taken as a result of such procedures.
- Alternative dispute resolution mechanisms: good offices, conciliation and mediation.
- An instance of consultations aimed at resolving disputes before the start of proceedings before the panel.
Contents Chapter XVII consists of 24 articles and 1 Annex
ArtículoDescripción Article 17.1. DefinicionesDefinición of terms for the purposes of Chapter 17
Article 17.2. Provisions GeneralesProcurar agree on interpretation and application of the Protocol and make efforts to achieve mutually satisfactory solutions. The chapter seeks to provide effective, efficient and transparent process of resolution of disputes that may arise regarding the rights and obligations provided for in the Protocol.
Article 17.3.Ámbito of AplicaciónDelinea matters or matters to which it applies the dispute settlement mechanism.
Article 17.4. ForoPermite election of the Parties choose the forum where the dispute take the provisions of the Protocol, the WTO or any other of the Party are part; however, once elected, the forum selected applies to the exclusion of any other.
Article 17.5. ConsultasEstablece how to carry out consultations between the Parties (consultant and consulted).
Article 17.6. Intervention by the Commission on Free ComercioEstablece conditions and functions of the Free Trade Commission to seek mechanisms in pursuit of the Parties to the dispute reach a mutually satisfactory solution.
Article 17.7.Establecimiento a ArbitralDetermina Court bases on which can be constituted an arbitral tribunal.
Article 17.8. Participation of a Third ParteEstablece the conditions for a Party to the Protocol may participate as a third party in arbitration proceedings.
Article 17.9. Plurality of PartesPrevé the possibility that the parties act together as a complaining Party in an arbitration procedure.
Article 17.10. ProcedimientosSiempre accumulation possible arbitration proceedings may accumulate when it is treated the same extent and on the basis of the same legal basis.
Article 17.11. Terms of reference of the mandate ArbitralContiene Court shall have the Arbitral Tribunal, unless the parties agree otherwise.
Article 17.12. Requirements árbitrosEstablece professional qualities to be met by arbitrators.
Article 17.13. Selection of the Court ArbitralDetermina the procedure for the selection of arbitrators and the chairman of the Arbitral Tribunal.
Article 17.14. Rules of Procedure of the Court ArbitralesEnuncia the Free Trade Commission established the Rules of Procedure governing all arbitral tribunal. The latter may establish, in consultation with the Parties, supplementary rules of procedure that do not conflict with the provisions of Chapter XVII.
Article 17.15.Proyecto Award of ArbitralDetermina Court of items that must contain the draft award, and deadlines within which must be notified to the Parties to the dispute and gives them the possibility to submit comments latter.
Article 17.16. Final decision of the Court ArbitralPrevé the final award should be adopted within 30 days of notification of the draft award and determine the legal nature of it.
Article 17.17. Request for Clarification of the Award ArbitralRegula the procedure by which a party to the dispute may request the Arbitral Tribunal, clarification of the arbitration award.
Article 17.18. Suspension and Termination of ProcedimientoEstablece the conditions for the parties to the dispute may suspend or terminate the arbitration proceedings.
Article 17.19. Compliance with the Award of ArbitralPermite Court that the parties to the dispute reach agreements on the enforcement of the award in the terms provided in this award.
Article 17.20. BeneficiosEstablece compensation or suspension of requirements and criteria that must be taken into account for the establishment of a mutually acceptable compensation until the dispute is resolved. It also provides the requirements for the complaining Party may begin suspending benefits and other obligations under the Additional Protocol a Party to proceed with the suspension of benefits to the Party that has failed.
Article 17.21. UrgenciaDispone cases of emergency in the periods specified in chapter halved, unless other stated therein.
Article 17.22. Review of Compliance and Suspension of beneficiosEstablece how a panel can review if verified compliance with the decision or ruling on the level of suspension of benefits.
Article 17.23. Good Offices, Conciliation and MediaciónEstablece that alternative dispute resolution mechanisms can be used at any time if there is agreement between the parties to the dispute and also that any of the Parties may suspend or terminate.
Article 17.24. Managing Settlement Procedures DiferenciasDispone each Party to designate a permanent office to provide administrative support to the arbitral tribunals and perform other functions under instruction of the Free Trade Commission.
ANNEX Annex 17.3. Cancellation and MenoscaboContempla a Party may have recourse to dispute settlement mechanism when, under the application of a measure that does not contravene the Protocol, consider that nullify or impair the benefits that could reasonably have expected specifically regarding certain issues.
Exceptions Chapter regulates themes to exempt certain issues of implementation of the Additional Protocol.
Ii) Key benefits for Colombia
Exceptions may justify the adoption of measures that will eventually be considered incompatible regarding the obligations of the Additional Protocol, under certain policy objectives.
Contents Chapter consists of 6 articles and 1 Annex:
ArtículoDescripción Article 18.1. Exceptions GeneralesSe incorporate mutatis mutandis Articles XX GATT and XIV GATS, for a few chapters in particular.
Article 18.2. Order PúblicoIndica that in terms of investment, the Parties understand that no measure can be interpreted as preventing the adoption of measures to preserve public order, provided they do not constitute a means of arbitrary or unjustifiable discrimination.
Article 18.3. EsencialEsta security exception allows the parties to depart from the Protocol's obligations in cases where affected or threatened their essential security interests.
Article 18.4. TributariasRegula measures how are excluded from the disciplines of the Additional Protocol taxation measures.
Article 18.5.Divulgación of InformaciónPrevé that the provisions of the Protocol can not be interpreted as meaning require a Party to furnish or allow access to certain confidential information.
Article 18.6. Safeguard Measures TemporalesEsta exception allows the Parties to adopt or maintain restrictive measures, subject to the conditions provided for in that provision, concerning trade in goods and services and payments and capital movements.
ANNEX Annex 18-AContiene details on the application of exceptions to Peru with other counterparts.
regulate the operation of the Protocol as a treaty under public international law.
Ii) Key benefits for Colombia
Chapter Final Provisions of rules that give certainty to authorities and operators trading on the entry into force, validity and adherence to the Protocol, among other aspects are reported.
Because of the importance of the issue, taking into account recent rulings of the Constitutional Court, it is necessary to make a specific reference to Article 19.3 of the Protocol contains a clause for Colombia provisional application, which provides that our country "may give provisional application to the Additional Protocol before its entry into force in accordance with its domestic law and international law ".
Front of the latter, the Vienna Convention on the Law of Treaties allows the provisional application of the same, provided this is expressly provided or can be clearly infer the intention of the Parties to allow it.
As domestic law, Article 224 of the Constitution provides that the provisional application of treaties be when they "are of an economic and commercial nature and have been agreed in the field of international bodies so provide" .
In this regard, the Constitutional Court in Case C-280/14, of May 8, 2014 (MP Luis Guillermo Perez Guerrero), interpreted these requirements. That interpretation was reiterated later by judgment C-335/14, of June 4, 2014 (MP Gabriel Eduardo Mendoza Martelo).
The clause provisional application is not inconsistent with the Constitution, because it has to comply with domestic law and international law for the purposes of their interpretation and application in the terms referred to above.
Contents Chapter 19 consists of 8 items:
ArtículoDescripción Article 19.1. Annexes, Appendices and Footnotes of PáginaEstablece the annexes, appendices and footnotes notes are an integral part of the Protocol.
Article 19.2. I depositarioprevé that the Republic of Colombia shall be the Depositary of the Protocol.
Article 19.3. Entry into vigorRegula how will enter into force the Protocol and provides for the possibility for the Republic of Colombia to give provisional application, subject to its domestic law and international law.
Article 19.4. EnmiendasRegula how you can make amendments to the Treaty.
Article 19.5. Amendments to the Agreement on the OMCEstablece the procedure if it is modified any provision of the WTO Agreement that the Parties have incorporated the Protocol.
Article 19.6. DenunciaRegula how the Parties may withdraw from the Protocol and the effects of that complaint.
Article 19.7. I adhesiónprevé the Accession Protocol shall take effect 60 days after the date of deposit of the instrument of accession.
Article 19.8. ReservasEstablece the Protocol may not be subject to reservations.
For the National Government is pleased to present for consideration by the honorable Congress the bill, through which the "Additional Protocol to the Framework Agreement of the Pacific Alliance" is approved, signed in Cartagena de Indias, Republic of Colombia, on 10 February 2014. As described throughout this preamble, the Pacific Alliance is a mechanism of deep integration among the four most successful economies of Latin America and presents a comprehensive view of development economic and improving the quality of life of the inhabitants of the Member States. In particular, this bill will allow give effect to the commercial area of the Pacific Alliance, simplifying trade rules to be met by Colombian companies when exporting to markets that much of the exportable supply of value-added heads from the country. Approval and entry into force of this Protocol will result in greater opportunities for the Colombian productive apparatus, higher economic growth and job creation and contribute to the prosperity and welfare of the Colombian population.
For the above reasons, the Government, through the Deputy Foreign Minister in charge of the functions of the Office of the Minister of Foreign Affairs, the Minister of Finance, Minister of Agriculture and Rural Development and Minister of Commerce, Industry and Tourism requests the honorable Congress to approve the bill, through which the "additional Protocol to the Framework Agreement of the Pacific Alliance" is approved, signed in Cartagena de Indias, Republic of Colombia, on 10 February 2014.
of the honorable Senators and Representatives,
The Internal Working Group Treaty of the Directorate of International Legal Affairs, Ministry of Foreign Affairs of the Republic of Colombia CERTIFICA
That text reproduction work on compact disc ( CD) accompanying this project is a true and complete copy of the original text of the "additional Protocol to the Framework Agreement of the Pacific Alliance", signed in Cartagena de Indias, Republic of Colombia, on February 10, 2014, document rests on file with the Internal Working Group Treaty of international Legal Affairs Directorate of the Ministry.
Given in Bogotá, DC, at twenty (28) days of August two thousand fourteen (2014).
ACT 424 OF 1998 (January 13)
why tracking the international agreements signed by Colombia is ordered.
The Congress of Colombia DECREES: Article 1.
. The National Government through the Foreign Ministry presented annually to the Second Committee on Foreign Affairs of the Senate and House, and within the first thirty calendar days after the legislative session that begins each July 20, a detailed report on how they are fulfilling and developing the existing international agreements signed by Colombia with other States. Article 2.
. Each branch of the National Government responsible for implementing international treaties within their competence and require reciprocity in them, will communicate the relevant information to the Ministry of Foreign Affairs and east to the Second Committees.
Article 3o. The full text of this law shall be annexed to each and every one of the international conventions that the Ministry of Foreign Affairs present to Congress.
Article 4o. This law governs from its promulgation.
The President of the honorable Senate,
Amylkar ACOSTA MEDINA.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable Chamber of Representatives,
CARLOS ARDILA BALLESTEROS.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota, DC, 13 January 1998.
Ernesto Samper Pizano Minister of Foreign Affairs,
VÉLEZ Maria Emma Mejia EXECUTIVE BRANCH PUBLIC POWER | PRESIDENCY OF THE REPUBLIC ||
Bogotá, DC, September 1, 2014
authorized. Submit for consideration by the honorable Congress for constitutional purposes.
CALDERON JUAN MANUEL SANTOS Minister of Foreign Affairs,
(Sgd.) Maria Angela Holguin Cuellar.
ARTICLE 1o. To approve the "Additional Protocol to the Framework Agreement of the Pacific Alliance", signed in Cartagena de Indias, Republic of Colombia, on 10 February 2014.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Additional Protocol to the Framework Agreement of the Pacific Alliance", signed in Cartagena de Indias, Republic of Colombia, on February 10, 2014, that the article 1 of this law is passed, it will force the Republic of Colombia from the date on which the international link regarding the same is perfected.
ARTICLE 3. This law applies from the date of publication.
Given in Bogotá, DC, to ...
honorable Presented to Congress by the Deputy Foreign Minister in charge of the functions of the Office of the Minister of Foreign Affairs, the Minister of Finance and Public Credit, Minister of Agriculture and Rural Development and the Minister of Commerce, Industry and Tourism.
PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Bogotá, DC, September 1, 2014
authorized. Submit for consideration by the honorable Congress for constitutional purposes.
CALDERON JUAN MANUEL SANTOS Minister of Foreign Affairs,
(Sgd.) Maria Angela Holguin Cuellar. DECREES
ARTICLE 1o. To approve the "Additional Protocol to the Framework Agreement of the Pacific Alliance", signed in Cartagena de Indias, Republic of Colombia, on 10 February 2014.
. In accordance with the provisions of article 1 of Law 7 of 1944, the "Additional Protocol to the Framework Agreement of the Pacific Alliance", signed in Cartagena de Indias, Republic of Colombia, on February 10, 2014, that the article 1 of this law is passed, it will force the Republic of Colombia from the date on which the international link regarding the same is perfected.
ARTICLE 3. This law applies from the date of publication.
The President of the honorable Senate of the Republic, José David Name CARDOZO
The Secretary General of the honorable Senate,
GREGORIO Eljach PACHECO.
The President of the honorable House of Representatives, AMIN RAUL FABIO
The Secretary General of the honorable House of Representatives,
JORGE HUMBERTO SERRANO MANTILLA.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and enforced.
Given in Bogotá, DC, on December 26, 2014.
CALDERON JUAN MANUEL SANTOS Vice Minister of Foreign Affairs of the Ministry of Foreign Affairs, in charge of the functions of the office of the Minister of Foreign Affairs, PATTI
The Minister of Finance and Public Credit,
Mauricio Cárdenas Santa María.
The Minister of Agriculture and Rural Development,
Aurelio Iragorri Valencia.
The Minister of Commerce, Industry and Tourism CECILIA ALVAREZ-BELT
GLEN. * * *
1 George, S. (2014). The Pacific Pumas. An emerging model for emerging markets. Washington DC: Bertelsmann Foundation.
2 is not enough information to Peru in 2013, so the total of the Alliance presented 2012.
3 Information taken from the World Economic Outlook of the IMF corresponding to April 2014.
4 Source DANE-DIAN.
5 Sources: UNCTAD and ECLAC.
6 Source: UNCTAD.
7 indicates the Bank of the Republic: "A negative flow means that capital repayments are greater than the new investment."
8 Trade and Integration: 1. Market access, 2 Rules of Origin, 3 Sanitary and Phytosanitary Measures, 4 Trade facilitation and customs cooperation, 5 Technical Barriers to Trade. Services and Capital: 6 Cross Border Services, 7 Financial Services, 8 Telecommunications 9 E-Commerce 10 Marine Services 11. Investment. Other disciplines: 12 Public Procurement 13 Initial Provisions, General definitions 14, 15 Exceptions, 16 Administration of the Additional Protocol Transparency 17, 18 and Dispute Settlement 19 Final Provisions.
9 Article 113 (CP) are branches of public power, legislative, executive, and judicial. In addition to the organs within them there are others, autonomous and independent, for the fulfillment of the other functions of the state. The different organs of the State have separate functions but cooperate harmoniously to achieve its goals.
10 Numerals 16 and 19 literal b).
11 Article 189. Numeral 2: Leading international relations; numeral 25: Appoint diplomatic and consular agents, receiving the respective agents and celebrate with other States and entities of international law Agreements or agreements subject to the approval of Congress. "
12 Constitutional Court. Judgment C-045 MP Hernando Herrera 1994. Vergara.
13 "CONDITIONS IN YOUR STEP. They may be submitted no proposals for approval, deferral or reservation to agreements and conventions.
The text of the agreements can not be amended.
Booking Proposals may only be made to the agreements and conventions which provide for such possibility or the contents so admits. These proposals, as well as the deferral, follow the procedure established for the amendments in the ordinary legislative process.
The committees raise plenary, in accordance with the general rules, reasoned proposals on whether to grant or not the requested authorization. "
14 Constitutional Court. Judgment C-176 of 12 April 1994. Alejandro Martinez Caballero MP.
15 Constitutional Court. Judgment C-564 MP 1992. Eduardo Cifuentes Muñoz.
16 In this regard, this Court has ruled, inter alia, in the judgment C-492 1998. M. Fabio Morón Díaz. Quote Judgment C-864 2006.
17 An example of the practical application of this principle is referred to in the judgment C-864 of 2006, the Constitutional Court said: "In relation to the principle of reciprocity provided for in the same Superior provision, it should be noted that the obligations assumed by States Parties under this Agreement of Economic Complementation keep a mutual correspondence and do not bring an unfavorable or unequal condition for any of them. Indeed, the clear, unambiguous and timely determination of the conditions and requirements to qualify the origin of a product or service as "original" or "precedent" of Member States, as provided for in Article 12 and Annex IV of that Agreement is essential to ensure that principle of reciprocity element because thereby prevents tariff preferences granted to goods from countries other signatories that are not granting any commercial benefit ".
Judgment C-309 18 2007 (MP, Dr. Marco Gerardo Monroy Cabra).
Judgment C-446 19 2009 (MP Mauricio Gonzalez Cuervo).
20 Judgment C-303 of 2012 of April 25, 2012, MP Mauricio Gonzalez Cuervo, Review of Constitutionality of Law 1463 of 29 June 20011 Agreement between the Governments "Through which the approved" of the Republic of Colombia and the Federative Republic of Brazil for the establishment of the area of Special regime Fronterizo for the towns of Tabatinga (Brazil) and Leticia (Colombia) ", signed in Bogotá, DC, on the 19 th day of September 2008 ".
22 Judgment C-581 of 2002 of July 30, 2002, MP Clara Inés Vargas Hernández, in reviewing the constitutionality of Law 722 of December 24, 2001 by means of which the partial scope Agreement approved No. 48 economic complementation between the Government of Argentina and the Governments of the Republics of Colombia, Ecuador, Peru and Venezuela, members of the Andean community countries ".
23 Constitutional Court. Judgment C-621 of 2001 MP, Dr. Manuel José Cepeda.
24 The HLG is composed of the Deputy Ministers of Foreign Trade and Foreign Affairs of the four member countries and are designed to monitor progress of the technical groups, evaluate new areas in which they can move forward and prepare a proposal for planning and external relations with other organizations or regional groups, particularly the Asia Pacific.
25 procedures conformity assessment are the mechanisms by which it is determined whether a particular product complies or not with a specific technical regulation.
26 Tests Reports Trade Policy WTO Secretariat: www.wto.org.