Key Benefits:
LAW 1746 OF 2014
(December 26)
Official Journal No. 49.376 of 26 December 2014
CONGRESS OF THE REPUBLIC
By means of which the "Additional Protocol to the Framework Agreement of the Pacific Alliance" is approved, signed in Cartagena de Indias, Republic of Colombia, on February 10, 2014.
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.
(To be transcribed: A faithful and complete copy of the Spanish text of the Protocol is attached, in optical, certified by the Coordinator of the Internal Working Group of the Treaties of the Directorate of International Legal Affairs of the Ministry of Foreign relations, a document that rests in the archives of this Ministry and consists of three thousand four hundred and forty-five (3,445) folios).
LAW PROJECT
by means of which the "Additional Protocol to the Framework Agreement of the Pacific Alliance" is approved, signed in Cartagena de Indias, Republic of Colombia, on February 10, 2014.
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 February 10, 2014.
(To be transcribed: A faithful and complete copy of the Spanish text of the Protocol is attached, in optical, certified by the Coordinator of the Internal Working Group of the Treaties of the Directorate of International Legal Affairs of the Ministry of Foreign relations, a document that rests in the archives of this Ministry and consists of three thousand four hundred and forty-five (3,445) folios.
This bill consists of thirty-eight (38) folios and a CD.
ADDITIONAL PROTOCOL TO THE PACIFIC ALLIANCE FRAMEWORK AGREEMENT.
www.imprenta.gov.co>
Honorable Senators and Representatives:
On behalf of the National Government, and in compliance with the provisions of Articles 150 numeral 16, 189 numeral 2 and 224 of the Political Constitution of Colombia, we have the honor to present to the honorable Congress of the Republic the bill by means of which the Additional Protocol to the Pacific Alliance Framework Agreement, signed in Cartagena de Indias, Republic of Colombia on 10 February 2014.
The bill of approval submitted for consideration by the honorable Congress of the Republic is intended to approve the "Additional Protocol to the Pacific Alliance Framework Agreement", 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 toward the free mobility of goods, services, capital and people, as well as to promote the growth and competitiveness of the Parties and become a platform for the world to be projected.
The objectives and areas of work of this mechanism show that the PA is more than a trade agreement, it is an integral and focused initiative not only in the increase of trade, but in the full economic and social development of the Member States. This integration mechanism is based on the existing trade and integration agreements between the Parties, seeking to deepen these commitments in order to achieve the long-term objectives proposed by the mechanism.
The Protocol is part of the bilateral agreements between the four economies, harmonises and unifies the rules of the game in order to deepen and facilitate trade between the four States, but even more importantly, the commitments agreed upon in this agreement. respond to the new challenges posed by international trade. This Protocol on commercial matters provides for disciplines that allow the accumulation of the origin of goods between the Parties and in this way expands the possibilities for the insertion of our economy in regional and global value chains, the More effective means of taking advantage of existing trade agreements, making inroads into new markets, strengthening industry and increasing competitiveness.
The AP is a mechanism of economic articulation, 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 constituted formally and legally on June 6, 2012, with the subscription of the "Pacific Partnership Framework Agreement", hereinafter the Framework Agreement.
The PA more than a trade agreement, it is a process of deep integration in economic matters with countries with which we already had trade agreements in place more than two decades ago (Chile 1993, Mexico 1995, Peru 1969/1997). This differentiation is fundamental, since the idea of the PA is integral and focused not only on the increase of trade, but on the full economic and social development of the Member States.
The main objective of the PA is to create a deep integration area that will promote greater growth, development and competitiveness of the participating economies, through the progressive pursuit of the free movement of goods, services, capital and people.
This mechanism has been constituted 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 foreign policy. Colombia. For the country, the AP is a fundamental axis of its internationalization strategy, particularly in the Asia-Pacific region.
The Protocol was signed in Cartagena in February 2014 and constitutes the instrument through which the existing free trade between the Member States is deepened and the existing bilateral agreements are modernised by introducing some new ones in which Colombia has great interest.
This Protocol is a determining instrument for advancing the objectives of deep integration, including driving the greatest growth, development and competitiveness of the economies of the States Parties, which in the medium and long term seeks to achieve greater social inclusion and to overcome inequality, as set out in the Framework Agreement.
order to achieve these objectives, the Member States of the PA have committed themselves to developing actions aimed at advancing the consolidation of a free trade area, facilitating and promoting trade, promoting the cooperation between authorities and develop cooperation mechanisms that will allow greater use of the intra-Alliance trade.
This explanatory statement presents the importance of the Protocol in the number three, pointing out the strategic relevance of this agreement, the representativeness of the economies that have signed this protocol, and the importance for Colombia of this protocol. initiative. Subsequently, in section four, it is exposed to the competence in the negotiation of these types of agreements, followed by a section on the way in which the Protocol responds to the aims and principles established in the National Constitution. For its part, section six recounts the valuable participation of representatives of civil society in the course of negotiations and how contributions from various entities enriched the Colombian position. Finally, Section 7 details the content of the Protocol, pointing out the object and benefits of the articulated agreement between the four States.
III. IMPORTANCE OF THE ADDITIONAL PROTOCOL TO THE PACIFIC ALLIANCE FRAMEWORK AGREEMENT.
A) Strategic importance
i) Colombia's strategy in the globalized economy
The integration of economies and their growing internationalization are phenomena in which Colombia is an active protagonist. In 1991, Colombia had trade agreements with countries representing 0.5% of global GDP and an access to a population of 60 million. In 2002, there were only deep trade agreements with the countries of the Andean Community (CAN), with Mexico and Venezuela (G3); that is, with only five of our main trading partners.
The following agreements were concluded in the development of the internationalization policy: Economic Complementation Agreement signed between the States Parties of Mercosur and the 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 Agreement on Economic Complementation for the Establishment of an Expanded Economic Area between Colombia and Chile -ACE 24-of 6 December 1993), was signed on 27 November 2006 and entered into force on 8 May 2009.
The Free Trade Agreement between the Republic of Colombia and the Republics of El Salvador, Guatemala and Honduras (Central American Triangle) was signed on August 9, 2007; with Guatemala entered into force on November 12, 2009, with El Salvador. Salvador on February 1, 2010 and with Honduras on March 27, 2010. The Free Trade Agreement between Colombia and two of the Member States of the European Free Trade Association (EFTA) or EFTA, Switzerland and Liechtenstein entered into force on 1 July 2011. While the negotiations were conducted in conjunction with the four EFTA Member States (Switzerland, Liechtenstein, Norway and Iceland), the implementation of the Agreement requires the ratification by the Parliament of each country. This condition has generated different developments in each country: Switzerland ratified the Agreement on 29 October 2009, Liechtenstein on 26 November 2009, Iceland on 16 May 2014 and Norway on 19 June 2014.
The FTA with Canada has been in effect since 15 August 2011 and the Economic and Productive Complementarity Agreement with the Republic of Venezuela is in force since October 2012.
Moreover, the Trade Agreement between the Republic of Colombia and the United States of America entered into force on 15 May 2012.
In a timely manner, the Protocol contributes to the development of Colombia's insertion strategy in the world economy, thanks to the fact that it allows the participation of our productive apparatus in regional and global value chains. The above means that our entrepreneurs will have the opportunity to be suppliers of intermediate goods for the assembly and distribution of final goods in other countries, and opens the opportunity for our market to receive inputs from our AP partners to be processed locally and exported to the region.
The strategy of internationalization of the economy has been complemented with the policy of making use of the trade agreements, which implements the Center for the Use of CAFTA; the policy of promotion of the exports of tourism and the investment, in charge of Proexport; financing strategies of the companies through Bancoldex, Finagro and the National Fund of Guarantees; policies of promotion and business development, such as the Program of Productive Transformation (PTP) that seeks, through public-private partnerships, to strengthen the productive apparatus of Colombia, and Innpulsa that encourages innovation and high impact entrepreneurship to support and promote business growth. All these programs and entities act in a coordinated way to make the most of the opportunities that open up in new markets.
This is how a positive macroeconomic environment such as Colombia, with a variety of trade agreements and an active business development policy, has created a favorable environment for increasing domestic and foreign investment. According to Bank of the Republic figures in the first quarter of 2014, foreign direct investment (FDI) flows were recorded in Colombia for USD 3.408 billion. The mining and quarrying sector received 23% of this investment, followed by the manufacturing sector (20%), the transport, storage and communications sector, and the oil sector (each with 19% share in the total).
At the end of 2013, FDI was recorded at USD 16.354 billion (8% and 12% higher than the value recorded in 2012 and 2011, respectively) and a cumulative investment since 1994 of USD 124.397 billion. The target sectors of the investments received by Colombia were: natural resources sector (basically oil industry) with USD 4,909 million (30% share on total) and USD 2.977 million in the mining industry (18%), the Services 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 a development with equity" is deployed the government's strategy on agreements international. Within the component of international integration and trade facilitation, the economic integration strategy is fundamental. It is stated that the subscription of last generation commercial agreements leads to a stable environment in the legal, which allows to increase the commercial and investment activity, both domestic and foreign.
In the National Development Plan 2010-2014 "Prosperity for All", in Chapter VII -Socarries transversal of democratic prosperity-in literal B) on International Relevance, the productive insertion in the markets International trade agreements are defined in the context of the negotiations, implementation and administration of international trade agreements.
It is also mentioned that the implementation of this strategy will allow the removal of the tariff and non-tariff barriers faced by Colombian exporters, and the integration of international value chains. It also mentions the importance of defining clear rules with priority partners in aspects related to trade in goods and services, in order to promote and facilitate trade.
It also mentions the National Development Plan that in the effort to diversify export destinations it 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 that are being developed within the framework of the PA are part of this strategic approach to Asia, especially if we take into account that one of the objectives of this regional integration mechanism is " to become a platform for projection to the world with special emphasis on the Asia-Pacific. "
Another of the strategic guidelines set out in the aforementioned National Development Plan is to strengthen geostrategic relations that will help to promote integration and development. Under this point, the geographic and thematic diversification is considered to be the guideline, seeking new opportunities for Colombian entrepreneurs, aspects to which the AP clearly responds and in particular this Protocol.
iii) Strategic Plan of the Ministry of Commerce, Industry and Tourism
The Sectoral Strategic Plan-PES 2011-2014, identified the following axes that underpin the Protocol: (i) internationalisation of the economy, with the aim of increasing and diversifying the external trade in goods and services and foreign direct investment flows; (ii) business development, aimed at generating an enabling environment for Colombia can strengthen its productive structure of goods and services, make it competitive and innovative, and also contribute to the generation of formal and sustainable jobs; and iii) Colombia's World Class Tourist destination, through sustainable development and the improvement of regional competitiveness.
B) Economic Importance of the Pacific Alliance
The AP has become the center of attention of the countries of the Western Hemisphere that they consider to be attractive and interesting to establish relations with the Latin American market. In addition, the period of "democratic maturity" that has been presented in the four countries is highlighted, evidenced in achievements such as poverty reduction and especially improvement in governance and institutional aspects. While it does not imply that the democracies of the countries are perfect, there is a growing recognition that their stability, moderation, commitment to resolve differences and conflicts, make this bloc of countries stand out above other economies in the region, as well as other emerging economies in the rest of the world.
In the particular case of Colombia, precisely the worldwide recognition of the peace process, which is expected to strengthen the country's democratic system, generates international confidence and expectation in terms of economic opportunities. would bring to the country the end of the armed conflict.[1]
-Economic Characterization of the Pacific Alliance
-- Production
The AP's Gross Domestic Product (GDP) overall reached 2.1 trillion dollars in 2013, accounting for approximately 35% of total GDP in Latin America and the Caribbean. If the GDP of each of the Member States of this integration mechanism is revised, Mexico presented in 2013 the highest level of production with a GDP of US$ 1.3 billion (59% of the total of the AP), followed by Colombia with US$ 382 billion (18%), Chile with US$ 277 billion (13 percent) and Peru with US$ 207 billion (10 percent).
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 international financial crisis. According to the International Monetary Fund (IMF), between 2012 and 2013, growth of 1.1%, 4.3%, 4.2% and 5% were recorded for Mexico, Colombia, Chile and Peru, respectively.
-- Inflation and unemployment
Overall, the AP states presented inflation of 2.6% that has remained at moderate levels for more than four years and an unemployment rate that has steadily declined since 2009, reaching 6.8% in 2013. Average inflation in the last five years stood at 3.1%, while the average unemployment rate reached 7.8% (see Chart 1) Discrimination by Member States, in 2013, Mexico presented the highest inflation with 3.9%, while Colombia presented the higher level of unemployment with 9.6%, but with a marked downward trend.
Graph 1. Pacific Alliance inflation and unemployment
Source: IMF. OEE MinCIT calculations.
-Pacific Alliance Foreign Trade[2]
Overall, the AP recorded total exports to the world of US$ 538.3 billion for 2013 and imports reached US$ 541.7 billion. This total represents about 50% of Latin America's trade, and if we add to this that the commercial dynamics have been presented on a par with consistent economic growth and controlled inflation, we have as a result the PA is a block that stands out for its relevance and potentiality, not only in Latin America but in the world.
In 2013, the main export lines were crude oil oils (13.1% share in 2013), tourism cars (6.0%), copper minerals and their concentrates (4.8%) and refined copper and copper alloys (4.0%).
On the side of imports, the main products were oil oils (not including crude oils) (7.6% share in 2013), parts for vehicles (4.1%), telephones (3.8%), passenger cars (2.8%), electronic circuits integrated (2.5%) and data processing machines (2.3%) (See Graph 2).
Chart 2. Top Pacific Alliance trade products with the rest of the world
Source: WITS-COMTRADE. OEE MinCIT calculations.
By countries, Chile registered in 2013 exports for US$ 77,367 million and imports worth US$ 79,607 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 the total exported, respectively. The main import products were oil oils, including crude oil (16.8% in the total of 2013), automobiles (5.0%), vehicles for the transport of goods (2.9%), telephone equipment (2.8%), and petroleum gases. (2.2%).
In 2013, Mexico added $380.123 billion in exports and imports of US$ 381.21 billion, the largest in the AP. In 2013, the main export products of this country were crude oil oils (11.3% in the total of 2013), passenger cars (8.5%), parts for vehicles (5.4%), telephone equipment (4.7%), vehicles for transport goods (4.6%) and machines for data processing (4.6%). Imports, in the same period, had the main products (non-crude oil) oils (6.6%), vehicle parts (5.4%), telephone equipment (4.0%), electronic integrated circuits (3.5%) and parts for monitors. and projectors (2.5%).
For its part, Peru's exports reached US$ 41,872 million in 2013, while imports reached US$ 43.357 million. Peru in 2013, had as its main export products to gold (19.2% of total in 2013), copper minerals (18.2%), crude oil oils (7.9%), refined copper and copper alloys (5.0%), oil gas (3.8%), and flours of copper. fish (3.3%). The main import products were crude oil oils, both raw and non-crude (15.1% of the total in 2013), followed by passenger cars (4.1%), vehicles for the transport of goods (3.6%) and the telephony (2.9%).
Colombia, recorded in 2013 exports worth US$ 58.823 million, while its imports amounted to US$ 59.381 million. The main export products in 2013 were: crude oil oils and non-crude oils (54.4% of total in 2013), coal (10.6%), gold (3.8%) and coffee (3.3%). Imports were mainly divided between petroleum oils, not crude (10.7%), tourism cars (4.7%), telephony devices (3.9%), aircraft (3.4%) and automatic data processors (3.0%). The Colombian trade balance stood at US$ 2.2 billion.
In the export structure of 2013, China and the rest of Asia are important recipients of products sold abroad by the four countries, especially Chile, Colombia and Peru, representing 46.2%, 15.6% and 29.7% of total exports. of exports, respectively. Nevertheless, the United States is the main partner of Colombia and Mexico with 31% and 79% of the total exports of each one (see Chart 3).
The European Union is an equally important partner for the four countries, receiving 16.4% of Peru's exports, 14.6% of Chile's total exports, 15.7% of Colombia and 5.2% of Mexico. On the other hand, the South American market accounted for 16%, 15%, 16% and 5% respectively.
Chart 3. Export destinations for Pacific Alliance countries
Source: Chile, Mexico and Peru: WITS-COMTRADE. Colombia: DANE-DIAN. OEE MinCIT calculations.
-- Services exports
With regard to trade in services, it is important to note that in general Latin America and in particular the Member States of the PA, represent a very interesting market for the exportable offer of Colombia in services for our affinity. cultural, language and the favorable geographical location.
Services exports reached US$ 12.8 billion in Chile in 2013, 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 Graph 4).
Graph 4. Export of services for Pacific Alliance countries
Data to 2012.
Source: WTO. OEE MinCIT calculations.
In terms of service imports, these reached US$ 16 billion in Chile in 2013, 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 Colombia's bilateral trade with the Pacific Alliance
For Colombia, the AP member states represent a market of 168 million inhabitants and constitute a group of economies that grew on average 5.3% in 2012 and 3.7% in 2013[3] and presented an unemployment rate of less than 7% in 2012. 2013.
Within Colombia's total trade, the AP accounted for 6.3% of exports in 2013 and 12.2% of imports[4] (see Table 1).
Table 1. Participation of the intra-Alliance trade within the total in 2013
Source: Chile, Mexico and Peru: WITS-COMTRADE; Colombia: DANE-DIAN. OEE MinCIT calculations.
For 2013, our country had exports of US$ 3.709 billion to the rest of the AP and imports of US$ 7.27 billion, for a trade balance of -3.274 billion dollars (see Table 2). This deficit was less than US$ 152.6 million compared to that recorded in 2012 when it reached US$ 3,426 million, with exports to Mexico that recorded better behavior that allowed the deficit with this country to be reduce by US$ 963 million.
However, 37% of the imports from Mexico correspond to goods not produced in Colombia. And almost half (46%) of the total purchases in that country correspond to inputs and capital goods that allow the domestic industry provision and have the tools to transform raw materials that are eventually exported to other markets or sold on the domestic market.
Table 2. Colombia's bilateral trade with Pacific Alliance countries in 2012 and 2013
Source: DANE-DIAN. OEE MinCIT calculations.
In 2013, the largest exports were made to Chile, reaching US$ 1,571 million, or 42.4% of the total exported to the AP.
Chile is a market of great interest to our entrepreneurs, which is evident in that for 2013, industrial exports to Chile grew 10.5% over the previous year. In the last year our country gained participation in this market, reaching 0.9% of the total industrial imports from Chile, after the participation was about 0.75% between 2005 and 2012. We particularly emphasize that the products of the basic industry and the automotive industry presented positive variations in their sales to the Chilean market.
In order of importance, exports to Peru continued with $1.273 billion, representing 34.3 percent of exports to the AP. This market that has been of traditional importance for Colombia, is a prominent buyer of products of basic chemistry, soaps, cosmetics and machinery, demonstrating that it is a destination of interest for our goods with added value.
Finally, sales to Mexico reached US$ 864 million, or 23.3% of the total. With this market there was an increase in sales of both agricultural and industrial goods in the period 2012-2013 and it stands out that our entrepreneurs sell goods from the automotive sector, basic chemistry, garments, soaps and cosmetics.
Between 2009 and 2013, the main export products to our PA partners were crude oil oils (20.8% on average bilateral trade), coal, hedged and derivatives (14.4%), sugar (5.7%), propylene polymers (3.0%), tourism cars (2.9%) and medicines (2.5%).
For its part, imports from the AP came mainly from Mexico, with a value of $5.496 million, representing 75.6% of the total; imports from Chile followed, with US$ 903 million, 12.4%; and About $870 million in Peru, 12% (millions of CIF dollars).
The main products imported from these three markets were monitors and projectors (9.3% on average bilateral trade), tourism cars (6.7%), oil (non-crude) oils (5.9%), tractors (4.8%), vehicles for the transport of goods (4.0%) and telephone equipment (3.6%).
Graph 5. Colombia Trade with Pacific Alliance-Main Products
Source: DANE-DIAN. OEE MinCIT calculations.
-The Pacific Alliance, a big investor in Colombia
The four AP states represent about 47 percent of FDI that reached Latin America in 2013 with $85.488 billion. FDI is 32% directed to the natural resources sector, 39% to the manufacturing sector and 27% to the service sector[5]. The bloc as a whole received from the rest of the world, between 2008 and 2013, Foreign Direct Investment for US$ 387.279 billion. Mexico and Chile were the largest recipients of this investment with US$ 148.265 million and US$ 116.375 million in total, respectively. It is followed by Colombia with US$ 70.186 million, and Peru, with US$ 52,454 million[6].
The investment of the AP States in the world, between 2008 and 2013, totaled US$ 182,885 million. In this period, Chile and Mexico were the main investors, with US$ 79,350 million and US$ 73,854 million, respectively, followed by Colombia (US$28.077 million) and Peru (US$1,604 million).
In these years, for the AP states investment flows abroad are typically less than those it receives from the rest of the world, which highlights the importance of investment for the development of countries.
The clear rules and the legal stability that the trade protocol reaffirms will facilitate the increase of foreign direct investment, while this factor added to the possibility of access to an expanded market. The most dynamic economies in Latin America, which in turn have an important network of trade agreements with third countries, will turn the PA into a magnet for the attraction of FDI from countries that are not part of this bloc. integration.
Chart 6. Foreign Direct Investment in Pacific Alliance
Source: UNCTAD. OEE MinCIT calculations.
As far as Colombia is concerned, the PA states represent an important investment destination, while being relevant as an investment source for the country. In Graph 7, investment flows are observed to the AP as a whole, from 2010 to 2013, year to year and total.
Graph 7. Colombia investment flows[7]
Source: Banco de la República. OEE MinCIT calculations.
In total, between 2010 and 2013 in Colombia, foreign direct investment flows (FDI) were received from the AP for US$ 6.147 million. For 2013, the FDI flows of the AP states in Colombia accounted for 6.1% of the total, which amounted to one billion dollars. For their part, Colombian investment flows to the AP countries reached US$ 6 billion in total between 2010 and 2013; by 2013 these flows accounted for 17.6% of total Colombian investment abroad.
The records of the Bank of the Republic of Foreign Investment of the PA in our country point out that in the period 2001-2012 the real estate sector and the financial sector accumulated the largest part of the investment, followed by the trade and industry.
C) Commercial Protocol Content and Featured Results
While in section seven of this explanatory statement the content of each of the chapters that make up this Protocol is detailed and references are made to the benefits that each of these chapters offers, they are presented below. some of the most outstanding results and the opportunities offered by this agreement for the Colombian economy.
The Protocol signed in Cartagena contains 19 chapters,[8] several of which were already regulated bilaterally between States, with varying degrees of depth. This agreement seeks to extend and take advantage of the already existing free trade between the members and also modernizes existing bilateral agreements by introducing some new issues in which Colombia has great interest.
currently, about 92 percent of the goods that Colombia trades with the AP are already circulating without paying a tariff. Thanks to the liberalization of the old-data trade, the markets of the PA are those to which a good part of our exportable offer is directed with high added value and intensive in the generation of jobs like for example automobiles (AP represents 58% of the total exported-US$ 313 million in 2013), plastics (AP accounts for 20% of the total exported-US$ 324 million in 2013), paper and its articles (AP accounts for 27% of the total exported-US$ 178 million in 2013), and cosmetics (AP accounts for 38% of total exported-US$ 204 million in 2013).
The Protocol deepens these market access commitments. For example, in trade in goods in the bilateral with Chile, Colombia did not have free access to that market in 41 products and in the case of Mexico Colombia did not have free tariff access in 413 subheadings (3% of the tariff universe) in AP almost the all of these goods are included in the release programme and the others are excluded (sugar and some sugar products).
Taking into account the advanced state of bilateral relations in terms of tariff relief, AP's greatest achievement is that it introduces a fundamental element to compete in a globalized world of production: the possibility of accumulating the origin of the goods between the four States. For example, today a garment made in any region of Colombia that wants to be sold without paying a tariff in Mexico must be manufactured with fabrics produced exclusively in Colombia or in Mexico (except for certain exceptions). If the garment wants to be sold in Chile the material must be originating in Colombia or Chile, and so on. This situation introduces serious inefficiencies in our productive apparatus that must select supplier countries carefully depending on where it wants to export, increasing production costs and reducing competitiveness.
The PA solves this problem and allows intermediate goods and inputs from any PA State to be incorporated into the final good for export to any of the Member States. This is a true expanded market that responds to modern production schemes and allows Colombia to insert itself into regional and global value chains.
It is also important to highlight the results obtained in the following areas:
- Rules of Origin: In addition to the possibility of accumulating the origin within the PA, as mentioned above, clear, unified and balanced rules of origin were agreed to serve the interests of Colombian producers. On the other hand, there is a mechanism for scarce supply for the textile/clothing sector that did not exist with Peru and Chile and the process of granting the existing waiver in the case of Mexico is being processed. This achievement is essential to ensure the supply of non-produced inputs to the manufacturing industry in Colombia, which generates about 416 thousand jobs (2013).
- Public Procurement: It is a new chapter with Peru and improved in the face of the negotiated with Mexico in the bilateral agreement, which will allow Colombian companies to bid in Peru on an equal footing with local companies and facilitate hiring with the Mexican government thanks to the greater transparency required by the agreement. It is worth mentioning that today there is great interest from Colombian investors in Peru who are trying to bid in that country and are facing difficulties because they do not have a public purchasing chapter in force.
The AP's public procurement negotiation 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 possibility of accumulating origin with the other AP members to tender with the state in either Party. Transparency rules are established in the information available to companies, which will make it easier to access the market in Mexico where information was scarce and confusing. The States acquired work commitments to improve the access of SMEs to the public procurement of other AP members and in general to cooperate in the use of opportunities jointly. It should not be forgotten that Colombia reserves the possibility to open tenders only for Colombian SMEs.
- Sanitary and Phytosanitary Measures (MSF): Updates and improves the MSF chapters established in the bilateral in a single common chapter. An instance of technical queries is created that must be addressed in 45 days. In the event that a satisfactory solution is not achieved, the agreement's dispute settlement mechanism is activated. The MSF committee will meet for the first time 90 days after the entry into force and then at least once a year. The committee should present a progress report to the Council of Ministers and issues that will not be resolved.
It is established that the States must accept the self-declarations of the health authorities of the other Members, in the area of regionalization. In addition, it was defined that the Parties shall apply the accelerated risk assessment procedure, recognized by international bodies, which implies a reduction in the time and procedures necessary to obtain eligibility for another country AP. Additionally, the Parties are obliged to, once the risk assessment process is initiated, inform the time taken and the steps that the process will take, thus promoting transparency.
- Technical Barriers to Trade (OTC): A single OTC chapter is established for the PA States and several provisions of the OTC chapters of the existing trade agreements between Colombia and the Member States are updated. AP. The TBT chapter establishes a new legal framework that will make it easier to access Colombian products to the other states of the AP.
- Trade Facilitation: There was no chapter of facilitation in the FTA with Mexico. Under the provisions of this chapter, customs formalities are simplified and streamlined, and the Parties undertake to dispatch the goods within 48 hours after arrival. States are obliged to implement advance resolutions to provide certainty to users on tariff classification and assessment and origin criteria. Similarly, mechanisms are established for customs authorities to share information to prevent and combat violations of customs legislation.
States committed to work on the interoperability of single-contact points, on the issue of digital certificates of origin and on the mutual recognition of authorised economic operators, which will further contribute to the agility and ease of foreign trade operations.
- Financial Services: This chapter, which does not exist in bilateral with Chile, provides legal certainty for cross-border providers and investors in the financial sector. This is of particular importance in protecting Colombian companies now that Colombia has become an important investor in the Latin American financial sector. It should be borne in mind that the powers of governments to regulate the sector are safeguarded.
- Maritime Services: In this chapter which is new with all the AP States, cooperation mechanisms are established to facilitate the shipping of goods and their related services between the Parties, as well as to seek an improvement of the logistical competitiveness of the Member States. Some highlights of the provisions of this chapter include non-discriminatory treatment of ships in ports and the recognition of ship and crew documents between Member States.
- Dispute Settlement Mechanism: The legal system of the PA coexists with the legal provisions of the other agreements between the Member States, and the AP legislation does not repeal or modify the rights and obligations of the other bilateral, regional and multilateral agreements. It should be mentioned that in the agreed chapter there are two new provisions, aimed at resolving in a more agile way and expeditious the possible controversies that arise.
The first is that the scope for dealing with cases of urgency is expanded in an important way, because any controversy arising from agricultural matters will be dealt with as an urgent case. In this respect, each time the inconvenience or non-compliance with any obligation concerning agricultural products, the cases will be dealt with as cases of urgency, that is to say that the deadlines will be halved.
The second initiative that emerged in the chapter is the participation of the Administrative Commission. Where the Party consulted has not responded to the request for consultations or where the Parties have not yet reached this stage, the Parties do not reach an agreement, and by consensus agree to go to the Commission, they may request their written intervention. This intervention would work as the participation of a third party to whom the Parties can go to ask for their good offices in order to settle the controversy.
-Sectors with greater potential
Colombia's geographic position will allow the country to become an AP pivot, mainly for the trade in value-added goods that depends heavily on logistics (transportation times and costs). Being in the heart of the PA makes Colombia an attractive investment destination for companies from third countries that want to take advantage of the largest market in Latin America (209 million inhabitants with average GDP per capita almost US$ 15 thousand).
The simple studies of potentiality show that the greatest benefits of the PA will be seen in the agro-industry sector: galletheria and bakery, chocolate, oilseeds, pet food, beef and beef-once you have sanitary access- poultry-eggs-and dairy.
Similarly, after a few years two of the most important products of the Colombian offer, coffee and bananas, they will be able to enter free of duty to Mexico, the largest market of AP and of which they are currently excluded.
The potential of the AP for Colombia in commercial matters, goes beyond traditional exports and mineral-energy goods, highlighting manufactured products with higher added value, as is the case for drugs, insecticides, confectionery products, palm oil and palm kernels, coffee products, tampons and diapers, paper, cardboard and printed matter, among others.
Likewise, the business sector has manifested offensive interest in the automotive, textile and clothing industry, cosmetics and personal care products, mainly due to the best rules of origin and advances in regulatory harmonization in the these sectors.
Our cultural, language and geographical location also facilitates the service sector's exports to the AP. Within the Colombian export offer, potential software has been identified in Peru, Mexico and Chile; from graphic communication services to Mexico, from engineering services to Peru and Chile. As a whole, the above services correspond to professional services which were prioritized in the negotiation of the Framework Agreement.
-Productive Encadenments
In addition to the potential identified in particular sectors, the deepening of the AP's trade relations and the possibility of accumulating origin will allow the economic bloc to strengthen to gain greater access to large markets. By means of different geographical areas: precisely in the Pacific, the Asian markets, mainly China; the Atlantic and the Pacific to the United States and Canada, and the Atlantic to the European Union.
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 among the strongest in the region. The provisions negotiated in the Protocol may allow the PA to strengthen in the export of agro-industrial products, light manufactures, electronic items and components, and locally assembled data processing.
For the case of chains with Peru, nine possibilities have been identified to enter China and Japan, mainly, in the following glycerol products for dyes and cordels and polyethylene ropes and Colombian polypropylene for Peruvian point garments and plastic containers to pack asparagus and Peruvian fishery products (Colombia provides the input and Peru processes because it already has FTA signed with several Asian states).
In terms of chain links with Chile, nine other cases have been identified for the conquest of the Asian Pacific to enter China, Japan, Australia and New Zealand in the following sectors: China: fresh and dry pineapples, Japan: Food preparations for compots, jellies and jams; glass containers; Australia: mixtures for cosmetics, paper-making inputs and multilayer cardboard; New Zealand: Plastic packaging.
In the case of the Mexican market, chaining opportunities to access new segments of the U.S. market are mainly in parts for cellular and auto parts.
IV. COMPETENCE TO NEGOTIATE ADDITIONAL PROTOCOL TO THE PACIFIC ALLIANCE FRAMEWORK AGREEMENT.
A) Constitutional powers of the executive and the legislature and the Constitutional Court in the field of international trade negotiations
Article 9or the Colombian Constitution provides that "the's foreign relations are based on national sovereignty, on respect for self-determination." of the peoples and in the recognition of the principles of international law accepted by Colombia".
Also, article 226 states that the State " will promote the internationalization of economic relations ... on the basis of equity, reciprocity and national convenience, " and article 227 says the state "It will promote economic integration ... with the 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 public power (legislative, executive and judicial), and determines that they are integrated by organs with separate functions, which must be collaborate harmoniously with each other to achieve its purposes[9].
In the matter of international agreements, Article 150 of the Constitution assigns to the Congress of the Republic the function of approving or improving the agreements that the National Government has concluded. as the issue of the general rules on the basis of which the National Government must regulate foreign trade.[10] For its part, Article 189 (numerals 2 and 259) of the letter The Constitution attributes to the President of the Republic such regulation and assigns the direction of international relations and the conclusion of Agreements with other States and international law entities.[11]
It follows from the foregoing that in the field of international negotiations, the functions of the Congress of the Republic and the President are expressly identified, are independent and are in harmony: the President directs the international relations and conclude international agreements, and the Congress approves or improves the agreements concluded by the Government, through the issuance of approving laws.
The Constitutional Court has referred to this issue by pointing out the following:
-The negotiation, adoption and presidential confirmation of the text of the Agreement:
On previous occasions, the Court has taken up the criteria to guide the examination of the exercise of powers in the field of negotiation and the conclusion of international agreements, both in the light of Colombia's internal law as well as the international law of the Agreements. Thus, in Sentences C-477 of 1992 and C-204 of 1993, on this topic he expressed:
" corresponds to the President of the Republic, in his capacity as Head of State, the function of directing the international relations of Colombia, appointing the diplomatic agents and holding with other States or entities of International law agreements or conventions to be submitted for approval by the Congress. "
So, the President of the Republic, in his capacity as Head of State, has exclusive competence for the conclusion of the International Agreements:
But, of course, this does not imply that all the essential steps for the conclusion of the international agreements-which are complex acts-must be carried out by the President of the Republic in a direct way, for, "Such an idea would considerably hinder the handling of international relations and the constitutional purpose of promoting them in the terms provided for by the Preamble and the articles" would be impracticable. href="policy_constitution_1991_pr007.html#226"> 226 and 227 already mentioned in the Letter. Please note that, under the terms of Article 9or Ibidem, the State's external relations are based on the recognition of the principles of international law accepted by Colombia ".[12] (Underline underlined).
As the sentence expresses, the conclusion of an agreement is a complex act that requires the concurrence of several actions in the head of the three branches. In fact, it is up to the President, the negotiation and the conclusion of the agreement, to the Congress to approve it by issuing a law, and to the Constitutional Court to exercise the prior control of the constitutionality of the law approval of the Agreement as the international instrument itself.
In addition to the above, and in connection with congressional competence on this issue, article 217 of Law 5a of 1992[13] states that the legislature may approve, prove, request reservations or postpone the entry into force of the Agreement. The Constitutional Court declared this article constitutional and made the following clarifications in which the independence of the functions of each branch in the field of international negotiations is reiterated:
" However, the Court states that Congress may exercise that power as long as those statements do not amount to a true modification of the text of the Agreement, since in such an event the Legislative Assembly would be invading the executive's orbit of action. Indeed, if the Congress, when approving an agreement, makes a statement that instead of specifying the meaning of a clause or restricting its scope, on the contrary, it extends or overflows it, it would actually be modifying the terms of the Agreement. It would not be a question of declarations, but of amendments to the text of the Agreement which are rightly prohibited by the Rules of Congress (Article 217 Law 5th of 1992). In such an event, the Congress would be violating the Constitution, since it is the Government that is responsible for directing international relations and holding with other States and entities of international law, agreements and agreements that will be submitted to the Congress. approval of the Congress (C. P., article 189 ord. 2) '. [14]
In conclusion, the President and the Congress have independent but concurrent functions in the field of international agreements, being the negotiation and subscription of the President of the Republic. For its part, it is up to the Constitutional Court to exercise control of the constitutionality of the Agreement and its approval law.
On the other hand, the Ministry of Commerce, Industry and Tourism, under the development of Article 2or (General Functions) of Decree number 210 of 2003, is responsible for " To promote the country's trade relations abroad and to preside over the Colombian delegations in the international trade negotiations that the country will be negotiating. (Underlined out of text).
With a view to instrumentalizing this function, the Ministry of Commerce, Industry and Tourism (MinCIT) issued Decree No. 4712 of 2007 "for regulating some procedural aspects of international trade negotiations." Chapter I of this rule gives the regulatory framework of the Negotiating Team, that is, its conformation (article 1), its actions (article 2o), the coordination of the team and the appointment of a chief negotiator (article 3o), as well as the different thematic committees that compose it (Article 4).
In compliance with this decree, the MinCIT coordinates the formation of the negotiating team, which is exclusively composed of public servants and individuals in the exercise of public functions designated by the different entities. of the executive branch of the national order.
All team members actively participate in the formation of the country's negotiating position, and in addition they must defend throughout the negotiation process the objectives, interests and strategies that make up this position.
Similarly, the aforementioned decree regulates in detail the manner in which Colombia's negotiating position is formed with the concurrence of the different agencies of the Colombian Government (Chapter II), the participation of the authorities departmental, municipal and district (Chapter III); as well as civil society participation in the negotiation process (Chapter IV).
A) Principles of Equity, Equality, Reciprocity and National Convenience enshrined in the Political Constitution:
To initiate the analysis of the principles enshrined in the Constitution that materialize with the subscription of the Additional Protocol in comment, it is pertinent to refer to the article 150 16, article 226 and article 227 of the Political Constitution, which enshrine the principles of equity, reciprocity and convenience national as guiding the negotiation of agreements international, including commercial content, as is the "Additional Protocol to the Pacific Alliance Framework Agreement. These principles constitute the basis on which commercial agreements are based that the country has negotiated, as evidenced below:
Equity
The principle of equity in international commercial content agreements has been the subject of a ruling by the Constitutional Court. In accordance with the terms of this Corporation, the recognition of differences in the levels of development of the economies of the States Parties to a free trade agreement or economic integration agreement materializes, for example, with deadlines. different rates of relief according to the levels of sensitivity and development of economic sectors within each country. This is reflected in an asymmetrical treatment that seeks to mitigate the economic effects that certain sectors of the country may experience. This has been taken into consideration in the Protocol presented today to the honorable Congress of the Republic.
The Constitutional Court has established that bilateral and multilateral agreements in which the benefits are only for one of the States Parties cannot be conceived in our order; or that certain concessions operate in favor of a State and to the detriment of another. On the contrary, under the principle of equity, international trade agreements should allow the mutual benefit of States Parties[15] in terms of material justice for the purposes of achieving a certain level of real equality. between the Parties. On this basis, the Government has proceeded to follow the parameters established throughout the negotiation process of this instrument.
On the other hand, while there are no concrete definitions of jurisprudential origin of the principle of equity, it is possible to conclude from the case-law that this notion is close to that of reciprocity, and in the particular context of this Protocol, they are complementary and inseparable from one another. The above is evidenced by the judgment in Case C-864 of 2006, M. P., Dr. Rodrigo Escobar Gil, in which the Constitutional Court refers to the principle of reciprocity as follows:
In relation to the principle of reciprocity provided for in the same Superior precept, it is appropriate to note that the obligations assumed by the States Parties under this Agreement of Economic Complementation are mutual correspondence and do not bring an unfavorable or inequitable condition for any of them[16]. Precisely, the clear, unequivocal and timely determination of the conditions and requirements to qualify the origin of a product or service as 'originating' or 'precedent' of the Member States, as provided for in Article 12 and in the Annex IV of the said Agreement is an essential element in guaranteeing the said principle of reciprocity, since it prevents the granting of tariff preferences to goods from countries other than signatories which are not granting any benefit. commercial ". (The underscores are not of the text).
A weighted reading of the agreement in the light of what the Constitutional Court has set out on the principle of equity, in the particular case, makes it possible to state that the Protocol fully complies with the requirements of the Political Constitution of Colombia, because they advocate precisely for the development of the country through an alliance of economic complementarity, while recognizing the asymmetries and generating specific mechanisms for overcoming them, with a marked interest in social welfare.
Reciprocity
As already mentioned, reciprocity has an intimate relationship with the principle of equity. Under the agreement, international trade agreements should enable the mutual benefit of the States Parties. No bilateral and multilateral agreements can be devised in which the benefits are for one of the States alone; or that the whole of the concessions operate in favour of one State and to the detriment of another.
It is important to emphasize that what must be reciprocal and equitable according to the Constitution is the international agreement seen integrally, which is why it would not be conducive to analyze the fulfillment of the principles from isolated clauses. For example in Judgment C-564 of 1992, the Constitutional Court indicated that:
" (...) Reciprocity must be understood in two ways, a strict one, which is explained as the requirement of advantages to give concessions. In its broad acceptance, which can be described as "multilateralized reciprocity", it is accepted that all preference will be extended to all participants, thus creating a mutually beneficial relationship between each of the participants (...) ".
Thus, according to the criteria of the Constitutional Court mentioned above, in the international agreements concluded by Colombia, a system of mutual concessions and correspondences must be developed, thus ensuring that the obligations agreed upon are reciprocal and imperative compliance for the Parties.[17] The Protocol retakes the principle of reciprocity, as the obligations assumed preserve a mutual correspondence and do not bring about an unfavorable or inequitable condition for either Party.
National Convenience
By virtue of the principle of national convenience also enshrined in articles 150 (numeral 16), 226 and 227 of the Political Constitution, the internationalization of the country's relations must be promoted by the Government in consultation with the Nation's own interests, and those who appeal to the benefit and general interest.
Free trade agreements are important pieces to achieve sustained economic growth, needed to reduce unemployment and poverty. The Protocol, which has the character of a free trade agreement, along with the other agreements of this kind that have been negotiated by Colombia, contribute to improving and leveraging the economic growth that the country is seeking through the expansion of the trade and the attraction of foreign investment.
Since the 2002-2006 Development Plan, approved by the Congress of the Republic, the country initiated an active process that seeks to build commercial relations based on free trade agreements that guarantee clear, permanent rules. and real and effective access of our products to the international market.
In the C-309 statement of 2007 (M. P., Dr. Marco Gerardo Monroy Cabra), the Court conceptualized that the adoption of these types of agreements in itself responded to a dynamic imposed at the world level and that therefore integration:
" (...) is appropriate to the purposes of the Political Charter and coincident with the purposes assigned to the State. In these circumstances, it is necessary to reiterate what the Constitutional Court has said as it warns that the economic development of the nations is moving towards integration, as this seems to be the only possible scenario of the market of the future. "
When referring to the principle of national convenience, the Constitutional Court in Judgment C-864 of 2006 (M. P., Dr. Rodrigo Escobar Gil), expressed the following:
" Similarly, it argues that the present international instrument abides by the principles of equity, reciprocity and national , set out in the article 226 of the Constitution and which-in accordance with the settled case law of this Corporation-must inform the work of promoting international economic relations, which implies that the obligations established through these documents are reciprocal and that both the government and the Congress have concluded that the Nation will benefit from the Agreement" (underlined outside the text).
The Protocol, in addition to complying with these general objectives and objectives, is highly desirable for Colombia as it will facilitate the consolidation of trade relations with the states that integrate this mechanism of deep integration, as explains throughout this document.
B) The Additional Protocol to the Pacific Alliance Framework Agreement complies with the constitutional mandate to promote the internationalization of economic and trade relations
The Protocol is compatible with the constitutional mandates that imposes on the State the duty to promote the internationalization of economic and trade relations by the conclusion of Economic Integration Agreements.
The 1991 Political Constitution promotes the integration of Colombia with other states. The Constitutional Court has referred to the issue as follows:
"Article 226 of the Constitution expressly commits the State in promoting" the internationalisation of political, economic, social and ecological relations " on the basis of equity, reciprocity and national convenience, "while 227 authorizes" economic, social and political integration with other nations. "[18
Subsequently in 2009 Judgment C-446[19] where the constitutionality of Law 1241 of 2008 was analyzed by means of which the Agreement of Free Trade concluded between the Republic of Colombia and the Republics of El Salvador, Guatemala and Honduras, the Court said:
"As far as economic and commercial integration is concerned, Article 226 of the Constitution commits the Colombian State to the promotion of" the internationalization of political, economic, social and ecological relations " while article 227 authorizes 'economic, social and political integration with other nations'. This means a mandate of action in favour of the economic internationalisation resulting from the need imposed by the world order to promote this type of trade relations, which prevents countries from withdrawing on their own, at risk. to fall into an 'ostracism' that makes them a kind of pariahs of international society. In this order of ideas, the internationalization of economic relations becomes a necessary fact for the survival and development of states that transcends ideologies and political programs. "
As is evident from the previous text, the Political Constitution and the Court emphasize the importance for the State of directing its international relations in order to consolidate the economic and commercial integration of the country. It is clear that this materializes mainly through the effective conclusion and implementation of international agreements, which are the legal instrument through which integration processes are promoted.
The Protocol also allows for the deepening of trade relations with the Latin American countries that are part of the Protocol. This is one of the guidelines of the country's foreign policy, embodied in the Political Charter itself. The Constitutional Court has highlighted in several pronouncements the importance of the celebration of treaties that allow the integration of Colombia into the Latin American and Caribbean community, in respect of which it has pointed out that the previous " (...) is concrete: (i) in the second paragraph of article 9or which states that Colombia's foreign policy will be oriented towards Latin American and Caribbean integration and (ii) the article 227 when setting the State will promote economic, social and political integration in a special way with the countries of Latin America and the Caribbean, to such an extent that it even authorizes the conclusion of treaties aimed at the creation of supranational bodies for forming a Latin American community of nations "[20].
After reviewing its pronouncements on the matter, the Court found that it exists:
" an undoubted determination of the constitutional jurisprudence to admit the validity of all those treaties, conventions or agreements that are oriented to promote forms of integration of different countries Latin America and the Caribbean. This recognition has led to the declaration of the constitutionality of international instruments which include regulation on economic, scientific, social and other matters, and which additionally provide for the most different forms of set the integration "[21].
In the same sense, the 2002 C-581 Statement noted that:
" (...) the purposes stated in the initial part of the Agreement under study are in accordance with the Charter, as the need to strengthen and deepen the process of Latin American integration and to create areas of free trade on the basis of sub-regional and bilateral agreements for countries to advance in their economic and social development, it is perfectly compatible with the mandate of Article 9or Superior according to which ' ... the Colombia's foreign policy will be oriented toward Latin American integration and from the Caribbean (...)
The material content of the Agreement also complies with the Basic Law, as long as the establishment of tariff preferences and provisions relating to the prohibition of imposing or imposing restrictions, origin, national treatment, customs valuation, anti-dumping or countervailing measures meets the criteria of equity, equality and reciprocity in line with the provisions of Article 227 It imposes on the State to promote economic integration with Latin America under those same criteria " [22].
According to the above, the Protocol is a reflection of this yearning for the 1991 Constitution to insert Colombia into a globalized economy, through agreements that expand markets and promote economic development in Colombia. country.
C) The Additional Protocol to the Pacific Partnership Framework Agreement is an international instrument suitable for the fulfilment of the essential aims of the Social State of Law
The Protocol is an international instrument suitable for making effective the essential aims of the Social State of Law, as it contributes to promoting general prosperity (article 2or C. P.) and improving the quality of life of the population (article 366 C.P.).
From this perspective, general prosperity as an essential end of the rule of law, corresponds to the obligation of the State to promote the well-being of the entire population. This essential end of the State is intimately linked to the objective that should guide the conclusion of international agreements of free trade and economic integration by Colombia to seek the improvement of the living conditions of all the Colombians. In that sense, the Constitutional Court has stated the following:
" OurCharter fully interprets the obligation to make the improvement of the quality of life of the associates, a central purpose of the Colombian State. Thus, the Preamble and Articles 1or and 2or higher, provide for the validity of a fair order in which the rights of the persons are found protected by the authorities and respected by other citizens. In the same way, the Constitution places a special emphasis on the role of the State in the economy, through the law, so that through different actions, a better quality of life is sought (...) "
Later, in the C-178 1995 Statement (M. P., Dr. Fabio Moron Diaz) the Constitutional Court stated the following when referring to the essential aims of the State in the field of international trade agreements:
" Examined the content of the Agreement approved by Law 172 of 1994, it is found that the rules of organization, operation, purpose and programmatic objectives of a international agreement linking the Colombian State, within the aforementioned framework of multilateral regulations constituted by the Montevideo and GATT Agreements and now of the WTO, to two friendly and neighboring powers, as wants to be part of the Latin American community of nations; in addition, in quite a few The present instrument of international law is in accordance with the provisions of the Political Charter, since, in any case, the agreement in the policies of internationalisation and modernization of the economy is in conformity with the provisions of the Political Charter. as the contribution to the expansion of world trade, the development and deepening of coordinated action and economic relations between countries and the impetus of Latin American integration to strengthen friendship, solidarity and cooperation among peoples, harmonious development, expansion of world trade, and the international cooperation, creating new employment opportunities, improving working conditions and living standards, safeguarding public welfare, as well as ensuring a predictable business framework for the planning of activities The European Commission, in its report on the development of the European Community's energy policy, will be able to support the efforts of the European Union to promote the development of the European Community's economic and social policy. transparency and more favoured nation, are committed which are fully supported in provisions of the Constitution, not only in the part of the constitutional values that appear in the Preamble of the Political Charter, but in that of the essential ends of the State and in the economic and social rights of the people. " (Underlined by outside the text).
In the C-309 statement of 2007 (M. P., Dr. Marco Gerardo Monroy Cabra), the Constitutional Court ruled by saying that a free trade agreement:
" (...) finds foundation in article 2or the Political Charter which enshrines as an essential end of the State the promotion of general prosperity. In addition, it responds to the commitment contained in Article 333 of the Charter that assigns to the State the role of stimulating business development, when it is not directly linked to the promotion of the productivity, competitiveness and harmonious development of the regions (article 334 C. P.).
In sum, the instrument under study allows the country's economic integration in response to a growing need imposed by global dynamics, integration that is appropriate for the purposes of the Political Charter and matched to the purposes assigned to the State. In these circumstances, it is necessary to reiterate what the Constitutional Court has said as it warns that the economic development of the nations is moving towards integration, as this seems to be the only possible scenario of the market of the future" (Underlined by outside the text).
According to what is expressed, it is evident that the Protocol promotes the State's essential purpose of promoting general prosperity, as it is an instrument of economic integration that responds to the global dynamics of celebrating this kind of agreements for strengthen the country's productive and commercial channels and increase foreign investment in order to improve the exportable supply and promote free economic competition, which favors the aforementioned essential end of the State.
Policies to conclude trade agreements help to foster a development cycle based on increased trade flows, which increases the demand for domestic products, generating a high impact on the market. generation of new jobs, in the well-being of the population and in the reduction of poverty.
Additionally, the Protocol seeks to protect consumers, guaranteeing the quality of imported products and lower prices. In this context, the Protocol includes chapters on Technical Standards (Technical Barriers to Trade) and Sanitary and Phytosanitary Measures, which provide for the proper balance between the effective access of goods in relation to the the need and the duty of the authorities to ensure the quality and safety of these goods.
On the other hand, by promoting the elimination of tariffs, the free exchange of goods and services, and the promotion of free competition, the Protocol makes it easier for the consumer to have access to a greater supply of better quality goods and services. at a lower price, thus extending the possibilities for consumers to opt for the good or service they consider best to meet their own needs.
By establishing mechanisms for the protection and promotion of foreign investment, the Protocol seeks to increase the capital flows that the country receives from abroad. This, together with the existing regulation for the inflow of these capital flows, guarantees the increase of private investment in projects relevant to achieving general prosperity and allows to boost the investments of the country in the other States that make up the PA.
According to the foregoing, the Protocol is adjusted to Article 2or the Constitution, as it seeks to ensure the effectiveness of the principles, rights and duties enshrined in the Constitution. Political Constitution in respect of the fulfilment of the essential aims of the Social State of Law.
D) The Additional Protocol to the Pacific Alliance Framework Agreement was celebrated as a manifestation of Colombia's national sovereignty
Article 9or the Political Constitution expresses that international relations must be based on national sovereignty and on the principle of self-determination of peoples. The Constitutional Court, in Judgment C-1189 of 2000 (M. P. Carlos Gaviria Diaz) understands "sovereignty" as the independence to exercise within a territory and its inhabitants, the functions of the State. A manifestation of these functions is the ability to conduct foreign relations and conclude international agreements in accordance with the principles of equity, reciprocity and national convenience. Sets the above statement:
" According to Article 9or the Constitution, Colombia's foreign relations find one of its foundations in the principle of national sovereignty, which was enshrined in the Charter of the United Nations (Article 2.1) as one of the essential foundations of the inter-state order. Scholars of the subject often cite the definition that was made of such a principle in the arbitration award of the case of the Isle of Palmas, in which it was said that "sovereignty", in international relations, means " ", and as such, consists in the ability to exercise, within a given territory and on its inhabitants, the " functions of a State (...)
Now, as the International Court of Justice has specified in the case of the Strait of Corfu, this principle confers rights on states, but it also imposes clear and precise international obligations on them, including which excels at respecting the sovereignty of the other nations, in all its dimension. This elementary correspondence between rights and obligations, finds echo in articles 9or and 226 of the Political Charter, under which the foreign relations of the Colombian State must be pursued by the principles of reciprocity and equity, among. " (Underlined by outside the text).
In later case law, the Constitutional Court pointed out that the concept of sovereignty has evolved in parallel 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, and particularly on the conclusion of international agreements, the Court said that sovereignty emanates the capacity of states to engage in the international arena. In other words, international agreements are a manifestation of the sovereign power of states:
" The content and limits of the principle of sovereignty have been evolving in tandem with the development of international relations and the needs of the international community. (...)
Thus, sovereignty in a legal sense confers rights and obligations for states, who enjoy autonomy and independence for the regulation of their internal affairs, and can accept freely, without impositions In their capacity as equal subjects of the international community, foreign obligations aimed at peaceful coexistence and the strengthening of relations of cooperation and mutual assistance. Sovereignty is therefore not a power to ignore international law, however great the economic or war capacity of a state, but the exercise of full and exclusive powers, without interference from other states. This has consequences in different areas, such as the relationship between the principle of the supremacy of the Constitution, the expression of sovereignty, and respect for international law. "[23]
According to the foregoing, it is concluded that the Protocol is an express manifestation of national sovereignty, by virtue of which States Parties, are internationally obliged to comply with the reciprocal duties and obligations of the Signed agreement, in accordance with article 9or the Political Constitution.
VI. TRANSPARENCY AND PARTICIPATION OF CIVIL SOCIETY IN THE NEGOTIATION PROCESS.
The government is proposing a broad participation of all sectors of civil society in the course of the negotiations on international agreements, in compliance with the postulates of representative democracy (articles 1or and 2or the Political Constitution).
In this same line, Decree No. 4712 of 2007, regulates some procedural aspects of the negotiations, such as the operation of the Negotiating Team, the process of building Colombia's negotiating position, the involvement of civil society and the duty of information in the negotiations.
Article 9o of the aforementioned decree states that "theof Commerce, Industry and Tourism will promote the participation of civil society in the negotiation process" and that " it will design the appropriate mechanisms for receiving and analyze the contributions and observations of civil society".
From the definition of the country's interests in each of the topics under negotiation, Colombia's negotiating position is constructed in these processes, consulting and interacting with the different actors of civil society.
Following these principles, from the start of the Protocol negotiations, the Government established as one of the pillars of the negotiations transparency and the facilitation of information to civil society and the private sector. Colombia.
This is why, under the leadership of the Ministry of Commerce, Industry and Tourism and the Ministry of Foreign Affairs, various calls and reports were made to the private sector and civil society in general, on the state of the situation and progress of the whole process of negotiation of the Protocol, with the aim of collecting their interests and building a position with the national interest. To achieve this purpose, prior and subsequent meetings were held after the negotiation rounds that took place in the framework of the meetings of the High Level Group[24] (GAN) of the AP.
During this process, the Deputy Foreign Trade Ministers held 22 general meetings with the private sector, in which more than 300 participants participated. In these meetings the progress of the negotiations was reported and a careful note was taken of the requests from the various economic sectors. The following table shows the detail of these meetings:
PRIVATE SECTOR BRIEFINGS
ADDITIONAL PROTOCOL OF THE PACIFIC ALLIANCE, YEARS 2011-2013
| REUNION | THE DATE OF THE REUNION | REPORT TYPE | PLACE | REPORT DATE | No. OF WIZARDS |
| III GAN | September 12 2011 | Post-Round Meeting | Bogota | September 16, 2011 | 18 |
| IV GAN | November 4 2011 | Pre-Round Meeting | Bogota | 30 September 2011 | 17 |
| IV GAN | November 4 2011 | Post-Round Meeting | Bogota | November 17, 2011 | 25 |
| VI GAN | May 4 2012 | Post-Round Meeting | Bogota | May 11, 2012 | 16 |
| VII GAN | 23 and 24 August 2012 | Pre-Round Meeting | Bogota | June 12, 2012 | 19 |
| VII GAN | 23 and 24 August 2012 | Post-Round Meeting | Bogota | September 5, 2012 | 19 |
| IX GAN | 15 and 16 October 2012 | Post-Round Meeting | Bogota | October 19, 2012 | 18 |
| XI GAN | 19 and 20 December 2012 | Pre-Round Meeting | Bogota | December 12, 2012 | 21 |
| XI GAN | 19 and 20 December 2012 | Meeting during the Round | Cali | December 19, 2012 | 10 |
| XI GAN | 19 and 20 December 2012 | Meeting during the Round | Cali | December 20, 2012 | 7 |
| XIV GAN | 11 and 12 April 2013 | Meeting during the Round | Mexico City | April 9, 2013 | 6 |
| XIV GAN | 11 and 12 April 2013 | Meeting during the Round | Mexico City | April 10, 2013 | 6 |
| XIV GAN | 11 and 12 April 2013 | Post-Round Meeting | Bogota | April 19, 2013 | 21 |
| XV GAN | 8, 9, and May 10, 2013 | Meeting during the Round | Santiago | May 9, 2013 | 4 |
| XV GAN | 8, 9, and May 10, 2013 | Post-Round Meeting | Bogota | May 17, 2013 | 19 |
| GAN | 19, 20, and June 21 2013 | Meeting during the Round | Lima | June 19, 2013 | 3 |
| GAN | 30, July 31, 1o, and 2 August 2013 | Meeting during the Round | Cartagena | July 31, 2013 | 5 |
| GAN | 30, July 31, 1o, and 2 August 2013 | Meeting during the Round | Cartagena | 1o August 2013 | 9 |
| GAN | 30, July 31, 1o, and 2 August 2013 | Meeting during the Round | Cartagena | August 2, 2013 | 9 |
| GAN | 30, July 31, 1o, and 2 August 2013 | Meeting during the Round | Cartagena | August 2, 2013 | 8 |
| REUNION | THE DATE OF THE REUNION | REPORT TYPE | PLACE | REPORT DATE | No. OF WIZARDS |
| GAN | 30, July 31, 1o, and 2 August 2013 | Post Round Meeting | Bogota | August 21, 2013 | 17 |
| IX MINISTERIAL MEETING | August 26 2013 | Post Round Meeting-Report Business Negotiations Close | Bogota | September 9, 2013 | 32 |
| TOTAL ASSISTANTS | 309 | ||||
Additional to these 22 mass meetings, the negotiators of each chapter also convened regular meetings with representatives of the private sector interested in each of the chapters, the progress was reported and the suggested recommendations for an appropriate balance sheet in the negotiations. A total of 36 sectoral meetings were held as follows:
SUMMARY THEMATIC MEETINGS
| Total meetings | |
| Access to Markets | 9 |
| Rules | 7 |
| and Phytosanitary Measures | 1 |
| Barriers to Commerce | 8 |
| Trade Facilitation and Customs Cooperation | 5 |
| Services and Investment | 4 |
| Public Procurement | 2 |
| TOTAL | 36 |
In the case of the agricultural sector, several representatives of the businessmen worked and were invited to carry out a joint work with the Ministry to define the sensitive products and the treatment they should receive.
Likewise, the Ministry participated actively in the political control debates cited by the Congress of the Republic related to the negotiations of the Protocol, as well as in conferences, forums and academic events convened from the sector private, in order to contribute elements to the construction of the national debate on the negotiation of the Protocol. One-off consultations were answered from Acopplastics, the SAC, Andigraf, Asocana, Fedegan, Fenavi, Asogreas, among others on these negotiations and their results.
On the other hand, with the objective of creating a parliamentary oversight mechanism and counting on the contributions of the Congressmen during the negotiation process, on February 13, 2013 in Peru the Presidents of the Chambers of Representatives or of the Parliament of the four States signed a declaration confirming their commitment to this process of integration. In the same way, on May 6, 2013 in Bogota, Colombia, the Presidents of the Congresses of Colombia, Roy Barreras, of Chile, Jorge Pizarro, and of Peru, Victor Isla, as well as the vice president of the Mexican Senate, Senator José Rosas Aispuro, signed an agreement for the creation of the Inter-Parliamentary Commission of the Pacific Alliance, whose installation was held on July 11 and 12, 2013 in Chile.
On the other hand, given the interest to enhance the benefits of the PA, in August 2012 representatives of the private sector of the four Member States created on their own initiative the Business Council of the Pacific Alliance (CEAP). The objective of this council is to contribute elements that, from the perspective of the entrepreneurs, contribute to align the work agenda of the PA with the expectations, needs and challenges of the private sector, in view of the process of integration between the four States and third markets, particularly with the Asia-Pacific Region.
On 10 February 2014, the CEAP submitted to the Presidents of the four States a proposal to advance the PA in areas such as (i) Tax Approval; (ii) Financial Integration; (iii) Public Procurement; (iv) entrepreneurship and innovation; (v) education; (vi) harmonization of technical standards; (vii) certification of the health authorities of the countries of the AP; (viii) Interoperability of the Single Contact Points of External Trade (VUCE); (ix) productive chains; (x) competitiveness logistics. The creation of the CEAP has allowed additional meetings with the private sector, the PA has maintained a constant dialogue with the private sector.
To strengthen dialogue with entrepreneurs, the AP created the Committee of Experts, which is responsible for analyzing the proposals of the Business Council, in order to determine the best way to implement the aforementioned proposals, which coincide with the targets drawn by the States.
Finally, it should be noted that this integration mechanism has generated great interest in civil society. To date, the Association of Women of the Pacific Alliance, the National Network of Entrepreneurship known as "Emprende Colombia", and the Association of Entrepreneurs of Latin America (ASELA), have been created, among other initiatives. Memoranda of understanding have also been signed between the Chambers of Commerce of the capitals of the States and the Confederations of Chambers of Commerce of the States also work together, as well as the associations of entrepreneurs and the Chinese and Japanese Chambers of each of the AP States, seeking to strengthen the business ties between the States Parties, as well as to promote and promote trade, investment and competitiveness in our countries.
From academia, it is important to keep in mind that universities and research centers are creating professorships on the PA and working to actively link with this integration process. Also, the National Assembly of Rectors of Peru (ANR), the Colombian Association of Universities (ASCUN), the National Association of Universities and Institutions of Higher Education of Mexico (ANUIES) and the Council of Rectors of Universities Chilenas (CRUCH) signed an agreement to take advantage of the benefits of this integration process and to move quickly in the processes that concern education, human development and the transformation of society.
Additionally, it is remarkable that diverse entities and think tanks have developed studies that highlight the potential and achievements of the AP, presenting the opportunities offered by this mechanism and pointing out its future challenges. For example, the Bertelsmann Foundation launched the study "The Pacific Pumas: a model for emerging markets" that has been widely accepted in non-governmental organizations and academia. The BBVA Bank has also produced several analyses of the macroeconomic, commercial and social policy situation of the Member States, which has been a reference in the financial and business sector.
Finally, to contribute to the socialization of the integration process, the web page of the AP www.alianzapacifico.net was created, which since the inclusion of the counter has received more than 157,000 visits. Facebook twitter accounts (@A_delpacifico and Pacific Alliance/Pacific Alliance) were opened and today there are more than 4,300 followers on Facebook and more than 15,400 followers on Twitter.
VII. ADDITIONAL PROTOCOL CONTENT.
The Protocol negotiated between the member states of the Pacific Alliance (Colombia, Chile, Mexico, and Peru) is a comprehensive, comprehensive agreement that includes several aspects of trade in goods, services, and investment. In this sense, the agreement includes, in addition to the Preamble, the following chapters:
1. Initial Provisions
2. General Definitions
3. Access to markets
4. Source rules and procedures related to the source
5. Trade facilitation and Customs Cooperation
6. Sanitary and Phytosanitary Measures
7. Technical barriers to trade
8. Public Procurement
9. Cross-border Trade in Services
10. Investment
11. Financial Services
12. Maritime Services
13. E-commerce
14. Telecommunications
15. Transparency
16. Protocol administration
17. Solution of Differences
18. Exceptions
19. Final Provisions
Below is the content, objective and main benefits for Colombia in each of the chapters that make up the Agreement.
PREAMBLE
i) Objective
Delineate the general principles that guided the negotiation, as well as the objectives that the Parties seek to achieve with the subscription of the Protocol.
ii) Content
This text consists of 14 guiding verbs in the form of entries that contain the general principles that guided the negotiation, as well as the objectives that the Parties seek to achieve with the subscription of the Protocol, within which they stand out Among others, the spirit of closer ties of friendship, solidarity and cooperation and the will to strengthen regional integration.
INITIAL provisions.
i) Objective:
Provisions determining the legal scope of the international agreement, its relationship to other international agreements, and the way in which the rules of the Additional Protocol are to be interpreted.
ii) Major Benefits for Colombia
It was possible to establish the free trade area, and to affirm the obligations and rights under the WTO Agreement as well as the coexistence of the rights and obligations provided for in the Additional Protocol with those provided for in the other commitments International trade in the Colombian State.
iii) Content
The creation of the free trade zone, relations with other international agreements, the rules of interpretation of the Additional Protocol, and the commitment to adopt measures for compliance with the Additional Protocol.
Chapter I consists of 4 items:
| Article | Description | |
| Article 1.1: Setting Free Trade Zone. | By this provision the Parties establish a free trade area, in accordance with the respective WTO rules. | |
| Article | Description | |
| Article 1.2: Relation to other International Agreements. | The Additional Protocol coexists with other international agreements on the same subject between the Parties of the Pacific Alliance and the obligations and rights established at the WTO, as in others, are confirmed. agreements in which a Party and at least one other Party are parties. | |
| Article 1.3: Interpretation of Additional Protocol | The Additional Protocol shall be applied and construed in the light of the objectives, principles and other recitals of the Preamble and in accordance with the applicable rules of international law. | |
| Article 1.4: Additional Protocol Observance |
GENERAL PROVISIONS.
i) Objective
Set general definitions with concepts to be applied throughout the Additional Protocol and specific definitions for each Party applicable to it.
ii) Major Benefits for Colombia
Legal security on the definition, scope and scope of terms that are essential for the implementation of the Additional Protocol.
iii) Content
General definitions and specific definition for each Party. The first article contains 29 general definitions and the second article provides a specific definition for each Party.
The chapter consists of 2 items:
| Article | Description | |
| Article 2.1: General Definitions | Contains the definitions or terms concepts applicable to all chapters of the Additional Protocol unless something else is specified in this. | |
| Article 2.2: Specific Definition | Contains the applicable definitions or terminology for each Party to all chapters of the Protocol unless something other than this is specified. |
ACCESS TO MARKETS.
The chapter on market access establishes disciplines and the tariff treatment for the marketing of products originating in the Pacific Alliance Member States contained in Annex 3.4, in the terms, scope and arrangements laid down therein.
The negotiation on tariff relief has departed from the disciplines and commitments established in the existing bilateral agreements. With Peru there is currently free trade since the mid-1990s.
With Chile there is also free trade since the mid-1990s, although it applies the variable component of the price range for some agricultural products. With Mexico only about 400 subheadings do not have free tariff access on a bilateral basis.
i) Objective
This chapter has the objective of gaining access to the respective agricultural and industrial goods markets of the Pacific Alliance Members, through tariff preferences for the current and potential exportable supply, as well as the dismantling non-tariff measures which may in an unjustified manner affect trade flows.
ii) Major Benefits for Colombia
For the definition of tariff relief, the existing sensitivities and special treatment needs were taken into account.
It was also established that only those products that are in this framework of tariff-free negotiation will be able to accumulate origin. Those goods that are included in relief periods will only accumulate origin once they are free of duty.
92% of the common tariff items between the Alliance countries once the Protocol is in force will be granted free tariff access. This percentage of lines reflects the group of products that have free access in the existing bilateral agreements with the countries of the Alliance, which generally collect all industrial products and products from the agricultural sector. which were not considered as sensitive by countries such as live animals, flowers, chocolates, bakery products (biscuits, barks, bread), some fruits and vegetables and their preparations, among others.
The remaining 8% includes products in which countries agreed to relief periods ranging from 3 years to 17 years and the special treatment defined for sugar and related products. This 8% mainly consists of the following sectors: poultry farming, fishing, some vegetables, some fruits, rice, oils, food preparations, maize, pork.
-Individual offers from each country
Chile Offer
-- Start of the relief year: 2014
-- Final Year of Relief: 2020
-- Longer term of relief: 7 years
| Category | No. Subheadings | % |
| Immediate | 7,607 | 97.7% |
| Other deadlines | 150 | 1,9% |
| Exclusions | 28 | 0.4% |
| Total subheadings | 7,785 | 100,0% |
97% of Chile's total tariff universe will obtain free tariff access once the Agreement is in force. In this group are mainly agricultural products such as live animals, beef and pork, flowers, fruits and vegetables, coffee, cereals, oilseeds, confectionery and chocolate, food preparations, spirits, pet food and tobacco. The industrial sector is fully in free access.
In terms of 2 and 7 years, products such as meat and chicken pieces, prawns, dairy, leeks, garlic, beans, wheat, corn, potatoes prepared, this group represents 1.9% of the tariff universe.
The excluded products are sugar and some sugar products.
Colombia Offering
-- Start of the relief year: 2014
-- End Year of Relief: 2030
-- Longer term of relief: 17 years included 12 years of grace
| Category | No. Subheadings | % |
| Immediate | 7.182 | 96,4% |
| Other deadlines | 239 | 3,2% |
| Exclusions | 33 | 0.4% |
| Total subheadings | 7.454 | 100,0% |
96.4% of Colombia's total tariff universe will obtain free tariff access once the Agreement is in force. In this group are mainly agricultural products such as live animals, flowers, fruits and vegetables, wheat, barley, confectionery and chocolate, food preparations, spirits, tobacco and cigarettes. The industrial sector is fully in free access.
Products such as meat and preparations of cattle, pork and poultry, dairy, eggs, peas, beans, coffee and their preparations, corn, rice, oilseeds, chocolates, preparations for infant feeding are found in terms of 3 to 17 years. rum, vodka, whisky, pet food this group represents 3.2% of the tariff universe.
Additionally, within this same group are products with a differential treatment for Mexico, which includes longer-term relief periods than those agreed with Chile and Peru. The most relevant products in this category are:
-- Beef: 10 years included 5 years of grace.
-- Pork: 5 years of linear and 5 years of grace.
-- Liquid milk: 10 years.
-- Milk powder: 7 and 10 years.
-- Papa: 15 years.
-- Cebolla: 15 years.
-- Bean: 17 years.
-- Pina: 10 years.
-- Corn and flour: 17 years included 12 grace.
-- Tobacco: 15 years.
The excluded products are sugar and some sugar products.
Mexico Offer:
-- Start of the relief year: 2014
-- End Year of Relief: 2030
-- Longer term of relief: 17 years included 12 years of grace
| Category | No. Subheadings | % |
| Immediate | 11,776 | 96,0% |
| Other deadlines | 454 | 3,7% |
| Exclusions | 33 | 0.3% |
| Total subheadings | 12,263 | 100,0% |
96% of Mexico's total tariff universe will obtain free tariff access once the Agreement is in force. In this group are mainly agricultural products such as live animals, whey, eggs, flowers, fruits and vegetables, cereals and flours, oilseeds, confectionery and chocolate, food preparations, spirits, tobacco and cigarettes. The industrial sector is mostly in free access.
In terms of 3 and 17 years, products such as beef and preparations of cattle, pork and poultry, dairy, onions, potatoes, asparagus, beans, pineapples, mangoes, orange, avocados, grapes, papayas, apples, strawberries, coffee, corn, rice, potatoes prepared are found. chocolate, milk, rum, blond tobacco, wooden boards, shoes, bicycles and toys for children. This group represents 3.7% of the tariff universe.
The excluded products are sugar and some sugar products.
Peru Offering
-- Start of the relief year: 2014
-- End Year of Relief: 2025
-- Longer term of relief: 12 years
| Category | No. Subheadings | % |
| Immediate | 7.423 | 98,3% |
| Other deadlines | 97 | 1.3% |
| Exclusions | 34 | 0.5% |
| Total subheadings | 7,554 | 100,0% |
98.3% of Peru's total tariff universe will obtain free tariff access once the Agreement is in force. In this group are mainly agricultural products such as live animals, beef and pork, flowers, fruits and vegetables, coffee, cereals, oilseeds, confectionery and chocolate, food preparations, spirits, pet food and tobacco. The industrial sector is fully in free access.
In terms of 2 and 12 years, products such as meat and chicken, milk, cheese, and rice are found to be 1.3% of the tariff universe.
The excluded products are sugar and some sugar products.
iii) Chapter content
| Article | Description |
Section A: Definitions and Scope of Application
| Article 3.1: Definitions | define concepts related to the chapter of market access. |
| Article 3.2: Scope |
Section B: National Deal
| Article 3.3: National Deal | ensures that the imported goods will be granted the same treatment as is granted to domestic goods. Member countries may also keep exceptions to this provision. In the case of Colombia, it will be able to maintain measures such as those related to the application of taxes on alcoholic beverages. |
C: Tariff Removal
| 3.4: Tariff Removal | In addition, consultations are permitted to improve the tariff conditions for market access to originating goods. Colombia may apply the System of Price Franges established in Decision No 371 of 1994 of the Commission of the Andean Community and its modifications for sugar and sugar products. |
| Article 3.5: Customs Valuation |
Section D: Non-tariff measures
| Article 3.6: Import and Export Restrictions | The Parties shall not apply restrictions or prohibitions on imports or exports, other than those provided for in Article XI of the GATT 1994 and their interpretative notes. Colombia will be able to maintain the measures related to the coffee contribution and the emeralds. |
| Article 3.7: Other Measures | The measures likely to affect the placing on the market of goods shall be notified to the Parties within 60 days prior to their implementation and shall not undermine this agreement. |
| Article 3.8: Import Licenses | Import licences or permits shall be granted and issued within the maximum period of 20 working days from the date on which the importing Party receives the application, in accordance with the legislation governing them. Upon entry into force of this Additional Protocol, each Party shall notify any existing import licensing procedure. |
| Article 3.9: Cargas and administrative formalities | Rights and charges may be charged, as provided for in Article 8 of the GATT, provided that they represent the cost of the services provided and do not generate additional protection. In addition, the updated information on the subject should be made available to commercial operators, preferably via the Internet. |
| Article 3.10: Taxes and other export loads | The Parties undertake not to adopt or maintain taxes, levies or other burdens on exports. Colombia will be able to apply the contributions paid by coffee producers and the exporters of emeralds. |
Section E: Special Regiments
| Article 3.11: Exempt Customs Tariffs | Countries incorporate the rights and obligations under the WTO Grant Agreement. |
| 3.12: Temporary Admission of Goods | The permanence of this customs procedure is authorized, clearly stating what kind of goods can be temporarily admitted free of tariffs in bilateral trade. It allows the extension of the deadline and the application of penalties for non-compliance in accordance with national law. Conditions are laid down for temporary admission, allowing: (i) to adopt mechanisms to facilitate the dispatch of the goods; (ii) the goods to be exported by a customs port other than the port for which it was admitted; (iii) to exempt from the responsibility for exporting to the responsible person if it demonstrates with satisfactory evidence the reason for its non-export. |
| Article 3.13: Reimported Goods after Repair or Alter | The conditions for the application of this customs procedure permitting re-entry into the customs territory, goods which have been temporarily exported to the other Party, to be repaired or altered. |
Section F: Agriculture
| Article 3.15: Scope | Applies to the measures taken by the Parties in relation to trade in agricultural goods by the definition of Annex I to the Agreement on Agriculture. |
| Article 3.16: Agricultural export subsidies | No Party may adopt, maintain or reintroduce export subsidies on any agricultural commodity destined for the territory of another Party. For more certainty, should a Party come to the dispute settlement mechanism set out in Chapter XVII (Dispute Settlement) for a measure incompatible with the obligation provided for in this paragraph, the time-limits of the Article 17.21 (Cases of Urgency). |
Section G: Market Access Committee
| Article 3.17: Commodity Trading Committee | Functions: -Monitor the implementation and implementation of the chapter. -Address barriers to trade in particular those related to non-tariff measures. -Make relevant recommendations in the matter of their competence to the Free Trade Commission. -Coordinate the exchange of information on trade in goods between the Parties. -Consult and manage any differences that may arise between the Parties in matters relating to the classification of goods under the Harmonized System. -Set ad hoc working groups with specific commands. |
| and Stubs | Annex 3.3: Domestic treatment and restrictions on import and export. Annex 3.10: Export taxes. Countries ' lists of relief. |
SOURCE RULES AND PROCEDURES RELATED TO THE SOURCE.
i) Objective
The chapter of rules of origin aims to define the criteria for the qualification of the originating goods that will benefit from the preferential tariff treatment agreed between the Parties. In this way, the goods may be wholly obtained in the territory of the Parties or made from originating and/or non-originating materials provided that they comply with the conditions agreed in the Specific Requirements of Origin.
In order to achieve the proposed objective, clear rules have been developed, the use of inputs from the region has been foreseen and the promotion of accumulation among its partners.
ii) Major Benefits for Colombia
-- The main added value of the Pacific Alliance Agreement is the establishment of a new integration scheme through an extended mechanism of accumulation between the Parties, favoring the generation of strategic alliances between the two countries. producers and entrepreneurs, in order to diversify products and markets. In this way all the raw materials of the four countries, incorporated in the final good, will be considered as originating.
-- A specific requirement of unique origin will be agreed for trade between the countries that make up the Alliance, thus facilitating the development of operations in the region.
-- Clearly defines the production conditions that the goods must meet to be considered as originating in the Parties and thus access the benefits of the agreement.
-- Allows for the complementarity between the Member States in the use of raw materials for the production of final goods that will be exported using the agreed preferences, promoting the formation of chains production by complying with rules of origin that facilitate accumulation and increase competitiveness to take advantage of new markets.
-- The incorporation of inputs from third countries is permitted in the event that there is insufficient supply on the territory of the Parties, complying with the processes of elaboration or transformation established in the Agreement.
-- It has a mechanism of limited supply for the textile sector, which allows the Parties to supply third-party supplies, for which there is no supply in the region. This mechanism offers a greater coverage in inputs and an agile procedure to respond to requests for immunity from users.
-- The competent authorities are identified for the issuance of certificates of origin and for the verification of origin, in order to have clarity of the roles to be played by the entities in the management and administration of the source.
iii) Content
The source rules and procedures chapter related to the source 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) origin and instructional, Abasto Escase Committee).
| Article | Description |
Section A: Source Rules
| Definitions (Article 4.1) | For the purposes of the chapter, concepts related to the Rules of Origin and related procedures are defined the Origin and indicate the competent authorities for issuing certificates of origin and verification of origin. |
| Criteria (Articles 4.2, 4.3) | Precise the source qualification criteria for the goods: -Totally obtained; -Goods made from materials that qualify as originating; or -Goods made from non-originating materials, complying with the specific requirements of origin. |
| Other Criteria for Source Rating (Articles 4.5, 4.6, 4.7, 4.9, 4.10 and 4.14) | This group of articles includes additional criteria for qualification and source determination such as: -For intermediate materials, non-originating materials contained in such material are not taken into account. -The indirect materials listed in Article 4.1 shall be considered as originating. -Minimum operations that do not confer origin are described. -When the tariff classification change is not met, a 10% flexibility of de minimis is established to incorporate non-originating materials on the FOB value of the commodity. For the textile and clothing sector, the percentage is set on the weight of the goods. -The conditions and the way of determining origin are laid down, when consumable materials and goods are used. -Conditions are set to consider a game or assortment as originating. |
| accumulation (Article 4.8) | Indicates that materials originating in one or more Parties and production performed in one or more Parties shall be considered originating in the territory of the Party which uses such material or which carries out the production of the goods. Cumulation applies if the customs duty on the goods is 0% on all Parties. |
| Treatment for accessories, packaging, packaging material. (Articles 4.11, 4.12, 4.13) | Conditions for accessories, spare parts, tools and materials are determined or information, conditions for packaging and packaging materials, as well as the conditions of packaging and containers accompanying the goods. |
| Content Value (Article 4.4) | It is established that the regional content value of a commodity will be calculated on the basis of the FOB value or the cost net, at the choice of the producer or exporter of the goods and the method of calculating it is established. |
Section B: Source-Related Procedures
| Transit and Transboard (Article 4.15) | For a commodity to retain its originating status, it must have been issued directly from the exporting Party to the importing, with the possibility of transit in a non-Party country, provided that it is not the subject of any operation outside the territory of the Parties, except the loading, unloading, fractionation or other necessary to maintain the goods and remain under customs control in the territory of the non-Party country. |
| Expositions (Article 4.16) | Original merchandise may be displayed in a non-Party country and access to the tariff treatment preferential condition provided that it has remained under customs control and is accompanied by a certificate of origin. |
| Certification (Articles 4.17, 4.18, 4.19, 4.20, 4.21) | States that an importer may request preferential tariff treatment based on a Certificate of written or electronic origin issued by the competent authority of the exporting country, which shall be valid for one year, may be issued a duplicate in the case of theft, loss or destruction and further indicates the cases in which it must not be submitted. The possibility of invoicing by an operator of a non-Party State is included, indicating in the certificate of origin. |
| Obligations (Articles 4.22, 4.24, 4.25) | The obligations of the exporter and the importer are established when applying for the tariff treatment preferential. In this respect, the obligation to keep the documents for a term of five years is included. |
| Customs Tariffs (Article 4.23) | When the importer has not applied for preferential treatment, he may do so no later than one year after the date of the import. |
| and Procedures for Source Verification (Article 4.26) | The procedure for performing queries and for source verification is set. |
| Sanctions (Article 4.27) | Each Party shall impose criminal, civil or administrative penalties for the violation of its legislation and provisions of the Source chapter. |
| (Article 4.28) | It is established that Parties may request confidentiality in the information. |
| Review and Impeachment (Article 4.29) | An independent administrative review of the instance or the official who has issued the administrative act and a judicial review may be carried out. |
| Committees (Articles 4.30, 4.31, 4.32) | Set: -The Committee of Rules of Origin and Procedures Related to the Origin, Facilitation of Trade and Customs Cooperation and the functions of the same. -The Abasto Escase Committee and the criteria for its operation. |
| Specific Requirements (Annex 4.2) | The interpretative general notes are set and the specific requirements of origin for the tariff universe are set. |
| Certificate of Origin and Instructive (Annex 4.17) | The certificate of origin format and the instructional format are set for processing. |
| Abasto Escase Committee (CEA) (Annex 4.31) | The CEA Members, functions, types of waiver and information required, procedure for the waiver request are indicated. An appendix is included with the information of the materials requested for waiver and another with the representatives of the CEA. |
FACILITATION OF TRADE AND CUSTOMS COOPERATION.
i) Objectives
Achieve the strengthening of customs through the implementation of more efficient and agile customs procedures, as an instrument to facilitate the free mobility of goods and the commercial exchange between Colombia and the other Member States of the Pacific Alliance, contributing to the reduction of costs for exporters and importers.
Agree to the establishment of provisions on Customs Cooperation and Mutual Assistance to allow for the timely exchange of information between the customs administrations of the Parties, following international standards, the mechanisms for security, prevention and control of fraud and operations against customs legislation.
ii) Major Benefits for Colombia
-Facilitation of trade through the rapid dispatch of goods, through the implementation of simplified, agile and reliable customs procedures.
-Contributes to support the modernization of customs procedures and therefore the strengthening of the customs authority (DIAN), who will be the main entity in charge of effectively executing the commitments acquired in the negotiation.
-Allows importers, in accordance with their legislation, to remove the goods from their customs, before and without prejudice to the final determination by their customs authorities regarding customs duties, taxes and charges that they are applicable.
-Administration of trade without papers: possibility of filing and accepting the customs declaration electronically.
-Coordination between the entities involved at the border to carry out the physical inspections of the goods at the same time and place, which represents for the customs users reductions of time.
-Use of profiles and selectivity criteria for the orientation of the resources to the control of goods of high risk profile and fast dispatch of the goods qualified as low risk.
-Provide users with the possibility to appeal the decisions of the Customs Administration at the administrative and judicial level.
-At the request of the user, issue of advance resolutions by the customs administration in matters of tariff classification, criteria of qualification of origin and criteria of customs valuation. This is a fundamental element for trade facilitation, as it provides certainty to the user on the development of the operation and eliminates the discretion of the customs officer, while ensuring compliance with the provisions customs.
-Establishment of lines of action for the implementation, development and strengthening of the Authorized Economic Operator (AEO) in each of the member states of the Pacific Alliance, which will allow later work on the Establishment of compatible procedures among the OAS programs, which will guarantee progress in the mutual recognition agreements between the countries of the AP according to the " Normative Framework for Securing and Facilitating the Organization's Global Trade World Customs WCO ", improving in this way, the security and facilitation of the operations of external trade to the benefit of competitiveness and the growth of their economies.
-Identification and establishment of the requirements for interoperability between the Single Contact Points of Foreign Trade (VUCE) of the States Parties, which will enable the exchange of information in an agile and secure manner.
-Establishment of a framework for customs cooperation between the Parties, in particular on mutual assistance for the prevention and repression of operations contrary to the customs legislation of the Parties.
-Technical cooperation will promote the development, implementation, implementation and improvement of customs control and customs procedures.
-The information provided by the customs administration of a developing Party of customs mutual assistance is accepted as authentic in the other Party for judicial and administrative proceedings, without any additional processing of consularization, or apostille.
-Each Party may provide assistance on its own initiative in accordance with its laws, rules and other legal instruments, providing the information it deems necessary for the correct application of customs legislation.
-The duly authorized officials of a Party may, with the agreement of the requested authority and subject to the conditions, legislation and regulations established by the latter, be present in the offices of the requested Party, with the the purpose of obtaining relevant information in the context of an investigation aimed at establishing a customs infringement or possible operation contrary to customs legislation.
iii) Content
| ARTICLE | DESCRIPTION | |
| Article 5.1: Definitions | include the main definitions for chapter handling. | |
| Article 5.2: Confidentiality | The The exchange object information retains the nature it possesses, in particular the confidentiality of the information is guaranteed. |
SECTION A: Trade Facilitation
| Article 5.3: Publication | Through the publication of customs legislation and the procedures applied by members of the Pacific Alliance, the establishment of contact points for information and consultation, providing an opportunity for users to present observations. |
| 5.4: Dispatch of Goods | It shall be provided for the goods to be dispatched within 48 hours of arrival, as well as for the dispatch of the goods at the point of arrival without temporary transfer to deposits or other enclosures. |
| Article 5.5: Automation | The Members of the Pacific Alliance will strive to use information technology that makes the procedures for the dispatch of goods expedited and efficient. They will also make efforts to use international standards, in particular OMA standards. |
| Article 5.6: Administration or Risk Management | |
| Article 5.7: Quick Delivery Shipments | Separate and expedited customs procedures are provided for fast delivery shipments. |
| Article 5.8: Authorized Economic Operator Annex 5.8 | Members of the Pacific Alliance will encourage the implementation and strengthening of the Economic Operator programs Authorized (OAS) in accordance with the World Customs Organization's (WCO) Normative SAFE Framework. Likewise, the countries ' customs will promote the negotiations to reach agreements on mutual recognition of the OAS programs. |
| Article 5.9: Single Window of Foreign Trade. Annex 5.9 | States Parties will implement and enhance their Single Windows and work on their interoperability. |
| Article 5.10: Review and Impeachment | An instance of administrative review and judicial review is guaranteed. |
| Article 5.11: Sanctions | The Parties shall maintain measures to allow for the imposition of civil or administrative sanctions and, where appropriate, criminal penalties. |
| 5.12: Advance Resolutions | Customs users will be able to obtain advance decisions from customs on origin, valuation criteria, tariff classification and others to be agreed by the members. |
SECTION B: Mutual Cooperation and Assistance in Customs Matter
| Article 5.13: Application Scope | Register which is the scope of the section's provisions. |
| Article 5.14: Customs Cooperation | |
| Article 5.15: Mutual Assistance | The mutual assistance, shall include the exchange of information aimed at preventing, investigating and repressing operations which fail to comply with customs legislation. |
| Article 5.16: Form and content of Mutual Assistance requests | Determines the minimum information that requests for assistance should contain. |
| Article 5.17: Running Requests | Sets the terms and parameters that must be met to address mutual assistance requests. |
| 5.18: spontaneous assistance | Members should provide assistance on their own initiative, providing information in accordance with their legislation and regulations. |
| Article 5.19: Delivery and Communication | Adoption of measures for the delivery of documents and communications which are necessary for the facilitation of the information or arrangements required within the scope of the administrative assistance mutual. |
| Article 5.20: Exceptions to the obligation to provide mutual assistance | Relate to cases where mutual assistance can be denied or subject to compliance with certain conditions or requirements. |
| Article 5.21: Files, Documents, and other Materials | The documents provided under this section will not require additional certification, authentication, or any other type of formality provided by the customs administration for their probative validity and will be considered to be authentic and valid. |
| Article 5.22: Experts or Perits | A Party's delegated officials may be authorised to appear, in accordance with their national law, as experts or experts in administrative proceedings or legal proceedings. |
| Article 5.23: Costs | The customs administrations shall waive any claim for reimbursement of costs and/or expenses incurred in the execution of the applications provided for in this section, except for those related to experts or experts. |
| Article 5.24: Lack of Assistance | The term "mutual assistance" shall be understood to mean a lack of mutual assistance between customs administrations, repeated refusal or unjustified delay in the execution of an application and/or in the communication of its result. |
SANITARY AND PHYTOSANITARY MEASURES.
i) Objectives
The objectives of this Chapter are:
-- Protect human life and health, animal health and plant health, on the territory of the Parties;
-- Facilitate trade in products and by-products of animal, plant, sea and aquaculture origin, between the Parties;
-- Ensure that the sanitary and phytosanitary measures of a Party do not discriminate in an arbitrary or unjustifiable manner between the Parties in which identical or similar conditions prevail, nor between their own territory and that of the other Parties. Sanitary and phytosanitary measures shall not apply in such a way as to constitute a disguised restriction on international trade;
-- Ensure that the procedures, for the establishment of sanitary and phytosanitary measures between the Parties, are transparent, applied without undue delay and in a manner not less favourable to imported goods than for similar domestic goods, and
-- To provide the mechanisms and procedures for communication and cooperation to resolve, in an agile and timely manner, specific trade concerns related to the application of sanitary and phytosanitary measures among the Parts.
ii) Major Benefits for Colombia
-- In this Chapter, measures were agreed that will allow for progress in health eligibility processes in a reasonable time and with greater transparency, agile processes in regionalization, harmonization, equivalence, risk assessment, procedures control, inspection and approval;
-- In addition, the Parties reaffirm their commitments under the World Trade Organization's (WTO) MSF (Sanitary and Phytosanitary Measures) Agreement, taking as a reference the Codex guidelines, procedures and standards. Alimentarius, the International Plant Protection Convention (IPPC) and the World Organisation for Animal Health (OIE);
-- The above is of great relevance to Colombia, since it implies that the countries of the Alliance recognize the recommendations of these organisms in the field of pest or disease-free zones, zones of low prevalence of pests or diseases, and compartmentalization. This recognition of regionalization is favorable for Colombia as it implies the commitment of the Parties to apply an accelerated procedure according to the conditions laid down in the Guidelines for the promotion of the Practice of Article 6 of the SPS Agreement (G/SPS/48), as well as the recognition of self-declarations of free zones, areas or compartments or of low prevalence of pests or diseases when they have completed the application of the rules, international guidelines or recommendations, as a basis factor for initiating the application of such accelerated procedure;
-- An MSF Committee was created, which will be responsible for working on proposals on equivalence procedures, risk assessment, regionalization, control and inspection procedures in application of all the provisions of the Chapter and in addition programmes, activities to streamline the eligibility processes, in order to facilitate trade between the Parties;
-- Any dispute arising between the parties may be resolved in accordance with the dispute settlement mechanism (Article 17.5) of the Agreement.
iii) Content:
| Article | Description | |
| Article 6.1: Definitions | The Definitions in Annex A to the MSF Agreement are incorporated into this Chapter and shall form part of this Chapter, mutatis mutandis | |
| Article 6.2: Objectives | The objectives of this Chapter are: (a) Protect human life and health, animal health and plant health on the territory of the Parties; (b) Facilitate trade in products and by-products of animal, plant, sea and aquaculture origin, between the Parties; (c) Ensure that the sanitary and phytosanitary measures of a Party do not discriminate in an arbitrary or unjustifiable manner between the Parties in which identical or similar conditions prevail, or between their own territory and that of the other Parties. Sanitary and phytosanitary measures shall not apply in such a way as to constitute a disguised restriction on international trade; (d) Ensure that the procedures, for the establishment of sanitary and phytosanitary measures between the Parties, are transparent, applied without undue delay and in a manner not less favourable to imported goods than for similar domestic goods, and e) Provide mechanisms and procedures for communication and cooperation to resolve, in an agile and timely manner, specific commercial concerns related to the application of sanitary and phytosanitary measures among the Parts. |
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| Article | Description | |
| Article 6.3: Application Scope | ||
| Article 6.4: Rights and obligations | mutatis mutandis | |
| Article 6.5: Harmonization | 1. In addition to the provisions of Article 3 of the MSF Agreement, the Parties will work together to promote progress and negotiations at international level on issues of mutual interest in the field. 2. For such purposes, the Parties shall develop work plans through the Committee on Sanitary and Phytosanitary Measures set out in Article 6.14. |
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| Article 6.6: Equivalence | 1. In addition to the provisions of Article 4 of the MSF Agreement and the complementary decisions of its Committee, in addition to the international standards, guidelines and recommendations of the competent international organizations, each Party undertakes to to address in a timely manner the requests for equivalence of sanitary and phytosanitary measures submitted by any other Party. To this end, the Parties may agree on the applicable working methodology. 2. The Committee on Sanitary and Phytosanitary Measures in this Chapter may follow the implementation of this Article. |
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| Article 6.7: Risk Assessment | 1. In addition to the provisions of Article 5 of the SPS Agreement, where there is a need for an assessment of the risk of pests or diseases, the Parties shall treat it in an expeditious manner by applying the rules, guidelines and recommendations. international organisations responsible for international organisations. 2. When a Party requests the initiation of a risk assessment to another Party, the importing Party shall inform the exporting Party of the time and stages required to carry out the assessment. 3. Once the importing Party has concluded the risk assessment and decided that the trade may start or continue, it will take the necessary regulatory measures to initiate or continue trade within a reasonable time. 4. The Parties shall provide the opportunity to comment on the risk assessments they undertake in the manner determined by the importing Party. 5. Parties undertake to request the information strictly necessary to carry out the risk assessment. 6. An exporting Party may send scientific evidence, including mitigation proposals, to support the risk assessment process of the importing Party. 7. Without prejudice to the adoption of emergency measures, no Party shall stop the importation of goods from another Party only because the importing Party is carrying out a review of a risk assessment and whether it is the case of the measure. existing health and plant health, provided that the importing Party has allowed the import of that commodity at the time of initiation of such review. |
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| Article 6.8: Adaptation to Regional Conditions, and Recognition of Free Zones, Areas or Compartments or Low Prevalence of Pest Diseases | 1. In addition to the provisions of Article 6 of the SPS Agreement, the Parties undertake to apply a procedure for the assessment of a request for the recognition of free zones, areas or compartments or of low prevalence of pests or diseases. accelerated under the conditions set out in the Guidelines for Promoting the Practical Application of Article 6 of the MSF Agreement (G/SPS/48). 2. The Parties recognize the self-declarations of free zones, areas or compartments or of low prevalence of pests or diseases when they have completed the application of international standards, guidelines or recommendations, such as a a basis factor for initiating the application of an accelerated procedure, in accordance with the conditions set out in the Guidelines for the promotion of the practical application of Article 6 of the MSF Agreement (G/SPS/48). |
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| Article 6.9: Transparency and Information Exchange | 1. In addition to the provisions of Article 7o and Annex B of the SPS Agreement, the Parties shall: a) Recognize the exchange of information as a necessary mechanism for strengthening the management of sanitary and phytosanitary issues among them and will carry out actions that promote it; (b) Take into account the relevant guidance of the WTO MSF Committee; c) reaffirm their commitment to deliver and publish information related to the adoption or modification of sanitary and phytosanitary measures, and d) ratify their commitment to promote the use of the WTO electronic notification system. 2. In addition to the notifications to which they are required in accordance with the procedure laid down in Annex B to the MSF Agreement, the Parties shall notify: (a) Changes occurring in the field of animal health and food safety, such as the occurrence of exotic diseases, diseases listed by the World Organisation for Animal Health (hereinafter referred to as 'OIE'); and/or health alerts in food products within 24 hours of the diagnostic detection of the problem; |
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| b) Changes to be presented in the plant protection field, such as the occurrence of quarantine pests or the spread of pests under official control, within 72 hours of verification; (c) Outbreaks of diseases in which the consumption of imported food is scientifically proven as a cause; (d) the causes or reasons for which a commodity of the exporting Party is rejected, within a period of seven days, and e) The signatures authorized to issue the certificates and authorizations linked to the import, export and detail of authorized entry points. 3. The importing Party shall respond to requests from the exporting Party on the requirements and procedures it has in place to permit the access of a specific commodity or on the status of a process related to the access of such merchandise, within a reasonable time. 4. The Parties shall make public health and plant health regulations as well as final regulations through their respective official journals and/or Internet pages and must transmit them, preferably electronic means, to the notification and information services established in accordance with the MSF Agreement. Each Party shall ensure that the draft sanitary and phytosanitary regulations which it intends to adopt are subject to public consultation for a minimum period of 60 days. In the case of emergency situations and proposed measures facilitating trade or those whose content is in substance the same as that of an international standard, guideline or recommendation, the Parties may reduce or eliminate the time limit. to receive observations. 5. As far as possible and appropriate, the Party shall give a period of at least six months between the date of publication of a final regulation and the date of its entry into force, except in emergency situations and when the proposals to facilitate trade or their content is in substance the same as that of an international standard, guideline or recommendation. 6. In accordance with Article 5.8 of the MSF Agreement, where a Party has reason to believe that a sanitary or phytosanitary measure established or maintained by another Party restricts or may restrict its exports, and the measure does not is based on international standards, guidelines or recommendations, may request an explanation of the reasons for such a measure, which shall be answered in writing, as far as possible within a period not exceeding 30 days. 7. In the event of annual or semi-annual work programmes for sanitary and phytosanitary regulations, the Parties will make their best efforts to make them public knowledge through print or electronic publications. |
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| Article 6.10: Control, Inspection and Approval Procedures | In addition to the provisions of Article 8 and Annex C of the MSF Agreement, and the accompanying decisions taken by the WTO MSF Committee, in addition to the rules, guidelines and recommendations The Parties shall respond to requests for information on the control, inspection and approval procedures that have been established, as far as possible, within a period not longer than 45 days. | |
| Article 6.11: Verifications | 1. 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 programmes of the competent authority, covering, where appropriate, revisions to inspection, control and audit programmes, as well as visits to establishments. 2. The terms and conditions of verification visits shall be agreed upon by the Parties prior to their commencement. 3. Once the verification visit or enablement is made, the importing Party shall deliver to the exporting Party, the results and conclusions thereof, within a reasonable time after the visit. 4. The Parties shall not interrupt the trade of a previously authorized commodity, during the renewal of their authorization, solely on account of a delay in the importing Party to carry out the verification. 5. The costs resulting from verification visits shall be borne by the exporting Party, unless the Parties agree otherwise. |
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| Article 6.12: Cooperation and Technical Assistance | 1. The Parties agree to support the processes of cooperation and technical assistance for capacity-building in sanitary and phytosanitary matters for the purposes of: a) Promote and improve the implementation and implementation of this Chapter and the MSF Agreement; b) Strengthen their respective authorities responsible for the development and implementation of sanitary and phytosanitary measures; c) Support in the conduct of trade facilitation activities; d) Collaborate on the development and implementation of international standards, guidelines or recommendations, and if necessary, request the support of competent international organizations; e) Sharing non-confidential information that served as a basis for a Party in the development of a sanitary and phytosanitary measure; f) Collaborate, as far as possible, in health and phytosanitary emergency care, and |
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| Article | Description | |
g) Perform other cooperation and technical assistance activities that the Parties agree to.
| Article 6.13: Technical Queries | 1. 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 agreed modality (such as as in-person meetings, video conferences or others). 2. The Parties or Parties to which technical consultations have been requested shall set a date to meet with the applicant Party or Parties within 15 days of the request and shall make their best efforts to meet, in the agreed mode, within a maximum of 30 days. 3. Where the Parties have resorted to technical consultations in accordance with this Article, without satisfactory results, such consultations shall replace those provided for in Article 17.5 (Dispute Settlement), if so agreed by the Parties. Parts. |
| Article 6.14: Health and Phytosanitary Measures Committee | 1. 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 Party, with responsibility for health, 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 this Additional Protocol, for this meeting the Parties shall accredit their representatives. 4. The Committee shall establish in the first meeting its rules of procedure and operation. 5. The Committee shall meet at least once a year, unless the Parties agree otherwise, in person, by means of teleconference, video-conference or other means to ensure an appropriate level of functioning and extraordinary when the Parties so consider. 6. When the meetings are in person, they will be held alternately in the territory of each Party and it will be up to the host Party to organize the meeting. 7. The functions of the Committee shall be: a) Serve as a forum to discuss problems related to the development or implementation of sanitary or phytosanitary measures that affect or may affect trade between the Parties, to establish mutually acceptable solutions and to evaluate the progress in the implementation of these solutions; b) Promote, follow up and administer the implementation of the provisions of this Chapter; c) Follow up on technical queries; d) Agree, taking into consideration the relevant international standards, guidelines or recommendations developed by the WTO MSF Committee and the relevant international organisations, the procedures and deadlines for implementation Agile and practical: i) Recognition of equivalences; ii) The Risk Assessment Procedure; iii) Recognition of pest or disease-free areas or areas and areas or areas of poor pest or pest prevalence diseases; iv) Control, inspection and approval procedures; (v) Transparency obligations, and vi) Other procedures to be agreed by such Committee; e) Establish ad hoc technical working groups and determine their mandates, objectives, functions and deadlines to present the results of their work programs, as well as to serve as a forum for monitoring the commitments established in those programs; f) Consult on issues, positions and agendas for meetings of the WTO MSF Committee, the different Committees of the Codex Alimentarius; the International Plant Protection Convention; the OIE and other fora International and regional health and plant health measures; g) Establish cooperation and technical assistance programmes; (h) Exchange information on sanitary and phytosanitary measures, such as occurrence of incidents, change or introduction of regulations and rules of the Parties related to the matter, which may, directly or indirectly, affect trade in goods between the Parties; i) Create work programmes on regulatory cooperation for trade facilitation between the Parties; (j) Explore mechanisms in the field of application of sanitary and phytosanitary measures to promote the joint access of goods originating from the Parties to non-Parties; (k) Promote, as far as possible, the preparation of annual or semi-annual work programmes for sanitary and phytosanitary regulations for each Party; (l) Inform the Free Trade Commission on the implementation of this Chapter and make relevant recommendations regarding issues of its competence, and (m) Other functions that the Parties agree to, including those that the Free Trade Commission instructs. |
| Article 6.15: Competent Authorities and Contact Points | 1. 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, are indicated in Annex 6.15.2. 3. Parties shall report on any significant changes in the structure, organization and distribution of the responsibilities of their competent authorities or points of contact. |
TECHNICAL BARRIERS TO TRADE (OTC).
i) Objective
The chapter aims to increase and facilitate trade between the Parties in order to ensure the effective movement of goods and access to the markets of the Pacific Alliance countries.
In addition, it aims to promote the various mechanisms of cooperation in the disciplines referred to in the chapter and establishes the legal framework to ensure that the standards, technical regulations and procedures for conformity assessment, do not create unnecessary barriers to trade.
Additionally, given the particularities of the process of integration of the countries of the Pacific Alliance, the chapter of Technical Barriers to Trade seeks to deepen the integration and bilateral agreements between the Parties.
ii) Major Benefits for Colombia
-- As a single chapter for the Pacific Alliance countries was negotiated, Colombia managed to update and deepen several of the provisions contained in bilateral agreements on the same subject.
-- Cooperation mechanisms have been expanded in matters related to technical barriers to trade, which will make it easier for Colombia to benefit from the experience of countries with more advanced quality systems such as be the case of Mexico or Chile.
-- Likewise, some cooperation mechanisms are established to coordinate the participation of Pacific Alliance countries in international forums. This will make it possible to strengthen Colombia's presence in international standards forums.
-- Regarding the provisions related to conformity assessment procedures[25], Colombia managed to establish not only the various alternatives to promote the acceptance of conformity assessment results, It also strengthened the information mechanisms related to this issue. In this way, Colombia will have more information on the reasons why it rejects the acceptance of its results of conformity assessment in the other countries of the Pacific Alliance. Greater clarity on these procedures may mean an increase in the possibilities of entering the other markets of the Parties.
-- Because transparency obligations are deepened, mechanisms are expanded and improved through which the country will be able to learn about technical regulations and conformity assessment procedures to be issued in the other countries of the Pacific Alliance. In this regard, the country ensures the possibility of making comments and recommendations regarding technical regulations issued in other countries of the Pacific Alliance, in order to facilitate the entry of Colombian products. In addition, mechanisms for the direct participation of employers are established during the process of issuing technical regulations and conformity assessment procedures in other countries of the Alliance and a period of grace is provided for. at least six (6) months before the entry into force of any technical regulation or conformity assessment procedure issued by the Parties. These transparency mechanisms will allow for better preparation of Colombian exporters before entering any country of the Pacific Alliance.
-- The functions of the Technical Barriers to Trade Committee are expanded and developed in detail, which will serve as an instance to defend the country's interests and deepen Colombia's trade relations within the framework of the Pacific.
iii) Content
| Article | Description | |
| Article 7.2: Application Scope | ||
| Article 7.3: Uncorporation of the OTC Agreement. | It is established that the WTO TBT Agreement is incorporated and forms an integral part of the Technical Barriers to Trade chapter, mutatis mutandis | |
| Article 7.4: International Standards. | ||
| Article 7.5: Trade Cooperation and Facilitation | It will be sought to identify, develop and promote initiatives facilitating trade in relation to technical regulations, standards and procedures for conformity assessment, taking into account the respective experience of the Parties in other bilateral, regional or Multilateral agreements that are appropriate. Other cooperation initiatives include the following: -- Intensify joint cooperation to increase knowledge and understanding of their respective systems. -- Promote compatibility or equivalence of technical regulations and conformity assessment procedures. |
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| Use accreditation as a tool to recognize compliance assessment bodies established in the territory of the other Parties in accordance with internationally accepted practices and standards, as well as cooperation through mutual recognition agreements. -- Favor convergence or harmonization with international standards, and -- Recognize and accept the results of conformity assessment procedures. In addition, the Parties recognize the existence of mechanisms that allow for greater regulatory coherence and in turn help eliminate unnecessary technical barriers to trade. Such mechanisms may consist of: (i) exchange of information; (ii) promotion of the use of good regulatory practices to improve the efficiency and effectiveness of standards, technical regulations and conformity assessment procedures; (iii) advice and technical assistance; and (iv) regulatory dialogue, among others. In addition, several provisions were included aimed at encouraging the exchange of information among the countries of the Pacific Alliance and establishing a commitment to promote coordination among them to participate in international forums. on standardisation. |
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| Article 7.6: Technical Regulations | The obligation to explain the reasons why a technical regulation of either Party is not accepted as equivalent is established. | |
| 7.7: Conformity Assessment | -- Voluntary agreements between the conformity assessment bodies of the territory of the Parties. -- Agreements of mutual acceptance of the results of conformity assessment, with respect to specific technical regulations. -- Accreditation procedures to qualify conformity assessment bodies. -- Government approval or designation of conformity assessment bodies. -- Recognition of conformity assessment results practiced in the territory of other Parties. -- Acceptance of the importing Party of the supplier's declaration of conformity. Giving scope to the above, the Parties shall: (i) exchange information relating to the mechanisms referred to above; (ii) explain the reasons for not accepting the results of the conformity assessment procedures; (iii) certify, approve, authorise or recognise the bodies for assessing the conformity of the territory of the other Parties, in terms not less favourable than those granted to nationals and, where this does not occur, shall explain the reasons for their rejection; (iv) consider favourably negotiating Mutual recognition agreements of the results of their respective procedures (v) the possibility of requesting information on matters relating to the results of the assessment of the results of the evaluation of the results of the evaluation of the results of the evaluation of the conformity. |
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| Article 7.8: Transparency | In How much the transparency commitments the article in commented includes the following: -- Parties shall be directly notified of their draft technical regulations and conformity assessment procedures (including those deemed to be of an urgent nature); -- Pacific Alliance States should be notified even of technical regulations and conformity assessment procedures that are based on relevant international standards. -- The Parties shall respond to comments received from other Parties during the consultation period stipulated in the notification and shall make their responses to the Parties available to the other countries of the Pacific Alliance. significant comments. -- Pacific Alliance States should make available to the public, on a centralized website, information on projects, technical regulations and conformity assessment procedures. -- It will also be possible for interested parties from the other Parties to participate directly in the internal procedures concerning the development of technical regulations and conformity assessment procedures, in the same terms as they are done by the nationals of each Party. -- A minimum of sixty (60) days is set for the Parties to submit comments against the technical regulations and conformity assessment procedures of the other Parties. -- It is defined as "prudential term", before the entry into force of any technical regulations, a term of six (6) months. -- The possibility of sharing the annual plans for standardization and technical regulations is contemplated. |
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| Article 7.9: Technical Barriers to Commerce Committee | A Committee of Technical Barriers to Trade is created whose main function will be to implement and manage the chapter. In addition, the following functions are established: -- To increase cooperation for the elaboration and improvement of standards, technical regulations and conformity assessment procedures. -- Facilitate sectoral cooperation between government entities, as well as the process of Mutual Recognition Agreements and the equivalence of technical regulations. -- Exchange information about work on non-governmental, regional, and multilateral forums involved in activities related to standards, technical regulations, and conformity assessment procedures. -- Review the chapter in light of any development under the WTO TBT Agreement and if necessary, make recommendations to amend it. -- To establish, if necessary, working groups for the treatment of specific subjects related to the chapter and to the WTO TBT Agreement. -- Establish mechanisms for the expedited acceptance of compliance assessment certificates. -- Consider favorably any proposal from a specific sector to deepen cooperation under the chapter. |
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| 7.10: Exchange of Information | ||
| 7.11: Implementation Attachments. | ||
| 7.12: Technical Queries | ||
| Annex 7.9: Technical Barriers to Commerce Committee | The Technical Barriers to Trade Committee 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, by the Directorate of Regulation of the Ministry of Commerce, Industry and Tourism, or its successor; -- In the case of Mexico, by the General Directorate of International Trade Rules of the Secretariat of Economy, or its successor, and -- In the case of Peru, by the Ministry of Foreign Trade and Tourism, or its successor. |
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The process of transparency and participation of civil society was permanent and for this purpose, meetings were usually called before and after each round.
Additionally, it should be noted that during the rounds that were held in the Pacific Alliance countries, the corresponding reports were also made for the case of the Technical Barriers to Trade table.
In addition, the negotiating team of the Technical Barriers to Trade chapter presented its progress in the general meetings organized and coordinated by the Deputy Minister of Foreign Trade of the Ministry of Trade and Industry. Tourism.
During these meetings the participants were exposed to the progress of the negotiations and detailed in their moment the general and particular aspects of the provisions that were being discussed.
PUBLIC PROCUREMENT.
i) Objective
This chapter aims to provide all providers interested in participating in public procurement processes, transparency rules and non-discrimination principles which will be applied to the level of public procurement. central, sub-central and other special entities, municipal and government enterprises identified in the lists of each Party.
ii) Major benefits for Colombia
-- The largest public procurement market in the region is created, with an estimated value of US$ 70 billion (more than twice the Brazilian federal market, which is estimated at US$ 30 billion)[26].
-- Value chains can be created that will allow to overcome the obstacles of scale and experience, which are typical of the public procurement markets.
-- Colombian suppliers will have access to hiring in high-growth sectors in the countries of the Alliance, such as:
-Utilities
-Oil and energy companies
-Health and education systems
-Public work sector
-Housing sector.
-- Guarantees the reciprocal application of national treatment in addition to transparency and due process commitments, in order to obtain a timely procedure for the Parties.
-- The Chapter includes commitments on issues such as the advertising of hiring, the use of electronic means, different modalities of hiring, and impeachment proceedings which guarantee an effective and timely process.
-- Commitments on cooperation were agreed in order to achieve a better understanding of the different public procurement systems for the countries of the Alliance.
-- Looking in particular to achieve the participation of MSMEs, which contribute to economic growth and employment through the exchange of experiences and information, development and use of electronic means of communication in systems public tenders and the strengthening of institutional capacities.
El Comercio] -- We agree on commitments with Peru that go beyond the national treatment that is held within the framework of the Andean Community, by including the market for goods and establishing rules of transparency and due process. In fact, in Peru, Colombian suppliers already participate in public works contracts, transportation, energy, gas, among others. This Chapter is expected to increase that participation.
-- With Mexico, the commitments entered into in the bilateral agreement are complementary. It is estimated that only the Mexican market is US$ 52 billion, and Colombian suppliers have great interest in the pharmaceutical sector, among others.
-- With Chile, this Chapter enhances the legal security of suppliers. The size of its public procurement market is estimated to be US$ 11.7 billion. It is a country in which our suppliers have won tenders in business such as the provision of uniforms to the Chilean army.
-- Provisions are laid out that are intended because all Colombian proposers compete in the selection procedures on an equal footing, under the parameters of transparency, and in care of reasonable deadlines.
iii) Content
The Chapter consists of 24 Articles and 1 Annex (8.2), which contain the commitments on the procurement process, the entities, goods and services covered, as well as the particular exceptions of each Party.
| Article | Description | |
| Article 8.1: Definitions | Sets the definitions of concepts that are recursively used throughout this chapter. | |
| Article 8o: Application Scope | ||
| Article 8.3: General Principles | Indicates the general principles of national treatment, non-discrimination, and rules of origin that apply to all hirings covered. | |
| Article 8.4: Special Compensatory Conditions | It is determined that an entity will not be able to impose special countervailing conditions during the process of public procurement. | |
| Article 8.5: Valuation | Sets an entity's commitments when calculating the value of a public procurement for the purpose of determining whether it is a covered public procurement. | |
| Article 8.6: Technical Specifications | It is established that entities may not apply technical specifications or assessment procedures for the purpose or effect of creating an obstacle to trade between the Parties. | |
| Article 8.7: Publication of Public Procurement Measures | The Parties undertake to publish in a timely manner the measures governing public procurement, as well as their modifications is an electronic means listed in Annex 8.2. | |
| Article 8.8: Public Procurement Notice | Sets out the situations in which entities must publish a planned procurement notice and planned procurement notice as well as their respective content through means that offer no access discriminatory. | |
| Article 8.9: Hiring Procedures | Sets the general rule of award through open procedures, and other procedures will be used whenever an entity does not discriminate or protect national providers. | |
| Article 8.10: Pashes for Presentation of Offerings | The terms and terms that must be met in the procurement processes are agreed, taking into account the nature and complexity of public procurement. | |
| Article 8.11: Hiring Documents | ||
| Article 8.12: Conditions to Participate | Determines the limits that the contracting entities have to fix the conditions for the participation of bidders in the tenders. | |
| Article 8.13: Treatment of Offers and Contract Award | The equal and impartial treatment of the entities to the different offers in the public procurement processes, as well as the conditions of the offer so that it can be adjudicated. | |
| Article 8.14: Information about Adjudications | The publication commitments on the award of a contract are set, in addition the entity will point out the reasons for the non-selection of the other offers. | |
| Article 8.15: Integrity in Public Procurement Practices | It is established that the Parties shall ensure the existence of even criminal administrative penalties in order to prevent corruption or conflicts of interest within the procurement procedure. public. | |
| Article 8.16: Impeachment Procedures | The Parties establish a procedure of administrative or judicial review with the relevant authority, which will review the impeachment proceedings. | |
| Article 8.17: Use of Electronic Media | Notes that the Parties shall endeavour to make public procurement covered by electronic means in compliance with certain commitments such as the security and integrity of the requests for tenders. | |
| Article 8.18: Modifications and Rectifications | ||
| Article 8.19: Unusable Information | Provides to the Parties, entities and authorities commitments not to disclose certain information that may harm legitimate commercial interests. | |
| Article 8.20: Exceptions | Identifies cases where this chapter does not apply. | |
| Article 8.21. Facilitation of the Participation of Micro, Small and Medium Enterprises | The importance and commitment to the SMEs in the participation of public procurement and the preferential treatment they will receive. | |
| Article 8.22: Cooperation | ||
| Article 8.23: Public Procurement Committee | ||
| 8.24: Future Negotiations | The possibility of future negotiations on this chapter is established in order to extend the coverage and in case Party grants a non-Party supplier, greater access to its procurement market the public granted to the suppliers of the other Parties in accordance with the present Additional Protocol. | |
| Annex 8.2 | Section A: Entities Central or Federal level of Government of the Parties. Section B: Subcentral or Subfederal Level Entities of Government of the Parties. Section C: Other Covered Entities of the Parties. Section D: Goods of the Parties. Section E: Services of the Parties. Section F: Building Services of the Parties. Section G: General Notes and Derogations of the Parties. Section H: Thresholds Section I: Value of the Threshold Section J: Publications. |
CROSS-BORDER SERVICES TRADE.
i) Objective
Establish clear and enforceable disciplines that facilitate access, operation, and development of services across the border, through the elimination of local measures that may have distortive or discriminatory effects of trade.
ii) Major benefits for Colombia
-- With this chapter expected to strengthen the conditions of certainty and transparency to service providers in the four countries.
-- Facilitation of the export of services in a cross-border manner, i.e. from Colombia to the other countries of the Alliance, either through the physical displacement of the provider or consumer, or without the need for it.
-- Generation of commercial opportunities for all natural persons or companies that can sell their services from Colombia without the need to move or install in Mexico, Chile or Peru.
-- Opportunity to increase the export potential of Professional Services in the Spanish-speaking market.
-- The Chapter grants the possibility that the agencies responsible for issuing temporary licenses in each of the Parties will develop procedures for the temporary licensing of professional service providers from the other Part.
-- Colombia maintained the discretion to support the services sectors in general, and in particular, current measures and future spaces were maintained to promote the sectors of services reserved in other trade agreements.
iii) Content
The Chapter consists of 16 articles, an Annex on Professional Services, and two Annexes of Disconforming Measures (Annex I and Annex II).
| Article | Description | |
| Article 9.1: Definitions | define the most important concepts for the Chapter: cross-border trade in services, a part service provider, specialised air services, automated booking system services, professional services, sales and marketing of air transport services. | |
| Article 9.2: Application Scope | It also explicitly states issues that are not covered by the Chapter, namely: financial services and public procurement for being covered in other parts of the agreement, regular and non-regular air services, subsidies, services provided in the exercise of government powers, access to the labour market and migration issues. |
|
| Article 9.3: National Deal | The Parties must provide similar treatment to a service provider in any of the other countries, which is granted to their own suppliers, provided that the circumstances under which the services are provided are similar. | |
| Article 9.4: Most Favoured Nation Deal | ||
| Article 9.5 Local Presence | For To be able to provide a cross-border service to Mexico, Chile and Peru, none of these countries will be able to demand from Colombia that their service providers establish or maintain representative offices or any other form of company in their territories, nor do they impose conditions of residence for such end. | |
| Article 9.6: Access to Markets | ||
| Article 9.7: Discompliant Measures | ||
| Article 9.8: Transparency | The commitment complements the obligations of Chapter XVI "Transparency", in so far as the Parties strive to establish or maintain mechanisms for addressing regulation-related consultations, to respond to comments made prior to the issuance of a regulation, and to give reasonable time between the modifications, the entry into force of the regulations, and the reporting of changes to the attachments of disagreeable measures. | |
| Article 9.9: National Regulations | ||
| Article 9.10: Mutual Recognition | Leave the possibility that the competent authorities of each Party may recognize the titles and licenses of the service providers of the other Party through unilateral recognitions, or the negotiation of mutual recognition of licences, certificates, professional qualifications and accreditations granted in any service activity. | |
| Article 9.11: Subsidies | It is established that the Parties will exchange information on subsidies and other forms related to trade in services and will welcome the results of Article XV of the General Agreement on Trade in Services (GATS) of the World Trade Organization (WTO). | |
| 9.12: Complementary Services | ||
| Article 9.13: Transfers and Payments | ||
| Article 9.14: Service Trade Statistics | The Parties will encourage competent authorities to exchange information and methodologies of service trade statistics. | |
| Article 9.15: Services Subcommittee | A Service Sub-Committee is created within the framework of the Joint Committee set up in Article 10.33 in charge of the implementation and administration of the Investment Chapters and Transfrontier Services with the objective of discussing related matters and of interest to the Parties through the exchange of information and cooperation on services. | |
| 9.16: Denial of Benefits | ||
| Annex 9.10: Professional Services | Through this Annex the Parties undertake to encourage their professional bodies to develop standards and criteria, mutually acceptable, for the granting of licences and certificates to professional service providers. Similarly, it sets out the rules and criteria that could be considered when negotiating a mutual recognition agreement, emphasizing the granting of temporary licenses for professional engineering services. | |
| Annex I | Existing measures in the national legislation of each country which is contrary to the principles of liberalisation and which are intended to be retained. | |
| Annex II | Sectors, subsectors, or activities of services on which the country may adopt any type of future regulation without violating the commitments made under the Agreement. |
INVERSION.
i) Objective
Establish a fair and transparent legal framework that promotes investment through the creation of a stable and predictable environment that protects the investor, its investment and related flows, eliminating obstacles to investments from the other Parties (Pacific Alliance States). The 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 for treatment of Investment; Section B includes the latest developments adopted by the countries of the Pacific Alliance in relation to the settlement of disputes between investors and the State; and a Section C that includes complementary matters and last-generation clauses or commitments in the International Investment Agreements that respond to the growth and development needs of the countries of the Pacific Alliance and to a large extent the commitments already made between the four countries in terms of investment.
ii) Major benefits for Colombia
-- Fair and transparent legal framework. A framework of protection standards and express benefits is established in the Chapter, in such a way that the States Parties create optimal conditions for the development of investment activities.
-- International investment protection standards are established that give confidence to investors in other Parties to enter the market of other States or to expand their existing investments.
-- Better climate for investment. This will result in higher levels of investment from Colombia in the countries of the Pacific Alliance and Colombia in Chile, Peru and Mexico.
-- favorable environment. One of the indirect benefits is the consolidation in the time of the agreed treatments as it is a commitment of public international law that is maintained regardless of the changes of government.
-- Substantial reduction of the non-commercial risk of the investor and protection of investments by Colombians in the countries of the Alliance.
-- Establishing an area of deep integration that seeks to move progressively toward the goal of achieving the free movement of goods, services, investments, and people in the Pacific Alliance region.
iii) Content: The Chapter consists of 33 Articles and 6 Attachments
| Article | Description |
Section A
| Article 10.1: Definitions | establishes the definition of those terms that are relevant to this Chapter, within which it is worth highlighting investment, investment covered, an investor in one Party, among others. | |
| Article 10.2: Application Scope | ||
| Article 10.3: Relation to Other Chapters | Sets the prevalence of another Chapter when there is incompatibility with the Investment Chapter to the extent of incompatibility. | |
| Article | Description | |
| Article 10.4: National Deal | It also provides the same treatment to investors and foreign investment as investors and domestic investments. Non-discrimination. | |
| Article 10.5: Most Favoured Nation Deal | It is based on the principle of equality and aims to prevent discrimination against investors from other parties against investors or investments by third-country investors. The procedure for the settlement of investor-state disputes is excepted. | |
| Article 10.6: Minimum Treatment Level | Extends to investments covered in a deal in line with customary international law, including "fair and equitable treatment" and "full protection and security". | |
| Article 10.7: Treatment in contention case | ||
| Article 10.8: Performance Requirements | Its purpose is to prevent certain conditions to the establishment and the free activity of the company of the investors. | |
| Article 10.9: Top Executives and Boards | Seeks to prevent nationality conditions for senior executives within the companies covered by the Chapter. But it leaves open the possibility that boards may have conditions of residence or nationality, provided that this does not affect the control that the investor may have on his investment. | |
| Article 10.10: Discompliant Measures | Creates the possibility that the Parties exclude from the application of the Additional Protocol certain agreed obligations, those rules, programs, sectors or areas that are of national interest. | |
| Article 10.11: Transfers | The State investment recipient undertakes to allow the transfer, without undue delay, of all amounts related to an investment, such as the contributions of initial capital, profits and dividends, the product of the sale Total or partial investment, loan payments, etc. However, exceptions are maintained in certain cases which were dealt with in the General Exceptions Chapter of the Additional Protocol Article 18.6 Temporary Safeguarding Measures. | |
| 10.12: expropriation and Compensation | It establishes the obligation for States Parties not to expropriate in an illegal manner, but always in accordance with established procedures, this is, for reasons of public utility, in a non-discriminatory manner, by means of payment of a compensation according to the fair value of the investment market, and with attachment to due process. It is clarified that the issue of a compulsory licence does not constitute an expropriation in accordance with the TRIPS Agreement. | |
| 10.13: Denial of Benefits | Creates the possibility that a Party may refrain from extending the benefits of the Chapter to certain investments or investors, when they are controlled or owned by investors from a third country or country that denies, and the company does not have substantial commercial activities in the territory of the Part of where she claims to be originally. | |
| Article 10.14: Special Forcing and Information Requirements | Gives the possibility of requiring special formalities for the establishment of an investment or for its administration, as well as routine information regarding investment, and also of a confidential nature in accordance with national legislation, without this going against the obligations of the Chapter. |
Section B. Dispute Settlement between a Party and an Investor from another Party.
| Article 10.15: Queries and Negotiation | Sets the direct fix period, starts with a written request, gives the name and address of the plaintiff, the violations to the Chapter, and a brief description of the facts that the start of queries is based on. These consultations have a period of 6 months extendable. |
| Article 10.16: Submitting a claim to arbitration | The arbitration forums are established where the investor can make a complaint and the time limits for accessing these mechanisms, the need to exhaust the consultation period and three months before submitting the complaint to arbitration. The requirements are the violation of an obligation of Section A and as an effect of this, damages to the investment. The notice of intent must contain the name and address of the plaintiff, the provisions violated, grounds of fact and law, the repair sought and the appointment of its arbitrator. |
| Article 10.17: Consent of each Party to Arbitration. | Consent is established for any claim arising from 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 Party | A period of three years is set as the limit for the investor to be able to bring a dispute to arbitration as well as the obligation not to have submitted the same controversy to another forum, whether national or international. |
| Article 10.19: Selection of Referees | The composition and structure of the arbitral tribunals and the qualities, knowledge and experience of the arbitrators, as well as the powers of the Secretary-General as the appointing authority, are established. |
| Article 10.20 Realization of Arbitration | Rules on the place of arbitration, on jurisdiction, participation of third parties, preliminary objections, precautionary measures and formalities of the award are established. |
| Article 10.21: Transparency in arbitral procedures | The obligation to make available to the other States and the public all the documentation submitted by the plaintiff, the defendant and the court produced. The hearings shall be public and the exceptions to transparency shall be determined as confidential information or for reasons of essential security, and internal legislation and the way in which such information is presented. |
| Article 10.22: Applicable Law | |
| Article 10.23: Interpretation of Disconforming Measures Attachments | A procedure is established for the decision of the Commission when a question is addressed in the Annexes I or II of Disagreeable Measures. |
| Article 10.24: Expert Reports | It is established that if necessary, a court may appoint experts or receive reports from experts, especially for environmental, health, safety, labour or other scientific matters when they have been raised by Challenger party. |
| 10.25: Build Up Procedures | A special procedure is created to jointly settle all claims that different investors will present in relation to the same facts and the same cause. |
| Article 10.26: Lauds | establish the characteristics of the awards and the topics on which they can be delivered, as well as the requirements for their implementation. |
| Article 10.27: Document Delivery | The place to do the notifications and other documents is set according to Annex 10.27 |
C. Complementary Provisions
| Article 10.28: Relation to Other Sections | It is established that this Section will not be subject to the Investor-State Dispute Settlement Mechanism, as well as State-State Dispute Settlement. |
| Article 10.29: Promotion of Investments | The importance of promoting investments through Investment Promotion Agencies is highlighted. |
| Article 10.30: Social Responsibility Policies | |
| Article 10.31: Investment and measures on health, environment and other regulatory objectives | It states that it is not appropriate to promote investment by lowering standards in these matters. Maintains the State's ability to take action in accordance with the Chapter so that the investment is assumed taking into account health, environmental and other regulatory objectives. |
| Article 10.32: Implementation | establishes that the Parties will consult annually on the implementation of the Chapter and use of the Chapter by the Private Sector. |
| Article 10.33: Joint Committee on Investment and Services | A Joint Committee is created in charge of the implementation and administration of the Investment Chapters and Transfrontier Services with the objective of discussing related matters and of interest to the Parties to through the exchange of information and cooperation on these issues. |
Attachments
| Annex 10.6: Common International Law. | Clear the concept on International Common Law. | |
| Annex 10.11: Transfers | Clarifies application of articles of transfers in bilateral relations with Chile. The cross-cutting exceptions are dealt with in General Exceptions Article 18.6. | |
| 10.12: expropriation | provides an examination of what a court may consider to decide whether there is an indirect expropriation. It clarifies the faculty that the State has to take measures to protect legitimate public welfare objectives without this being considered expropriation. | |
| Annex 10.27: Delivery of documents to a Party under Section B | The names of the entities and addresses where the notifications of the Investor-State dispute settlement mechanism can be filed. | |
| Article | Description | |
| Annex on Decree-Law 600 of Chile | It is clarified that Decree-Law 600 establishes a voluntary and special regime for investment in Chile and that the obligations contained in the Chapter are not applicable to such a regime. | |
| Annex on Differences Solution Exclusions Mexico | It is clarified that the resolutions of the National Commission on Foreign Investments, established in the existing measures 2 and 3 of the List of Mexico in Annex I, shall not be subject to the mechanisms of dispute settlement-State-State or State-State. |
FINANCIAL SERVICES.
i) Objective
Establish clear and enforceable disciplines that facilitate access, establishment, operation, and-in some cases-trade in services in a cross-border manner, through the elimination of local measures that may affect the development of financial activity in the territory of either Party.
ii) Major Benefits for Colombia
-- Consolidation of an opening level by Chile, Mexico and Peru that will allow Colombia to strengthen itself to be an export platform for financial services to those markets.
-- Facilitation of the export of some financial services in a cross-border manner, i.e. from and to Colombia, to Chile, Mexico or Peru, either through the physical displacement of the provider or consumer, or without the need for it.
-- Facilitation of payments and transfers through better relations between financial institutions in the countries, or the direct establishment of Colombian companies in the territory of the other countries of the Alliance.
-- Colombia maintained the discretion to maintain some measures and protect sensitive sectors (e. g. social security) as well as general exceptions to implement prudential measures to ensure the stability and solvency of the financial sector.
iii) Content
The Chapter consists of 21 articles and four Annexes that deepen the treatments agreed upon.
| Article | ||
| 11.1. Definitions | The most important concepts for the Chapter are defined including self-regulated entity, cross-border trade of financial services, investment, financial service, new financial service, etc. | |
| 11.2. Application Scope | States that the Chapter applies to financial institutions, investors in financial institutions, and the cross-border trade in financial services. Likewise, it establishes the relationship between this Chapter, the Foreign Investment Chapter, and the Transfrontier Trade Chapter. It is indicated that this chapter does not apply to measures relating to public retirement or retirement plans or to social security schemes. |
|
| 11.3. National Treatment | The article establishes an obligation for Parties to grant financial institutions, investors in the area the financial services providers of the other Party, a treatment similar to that granted to their own institutions, investors, or to their own companies providing financial services, provided that the circumstances are similar. | |
| 11.4. Most Favored Nation | The Parties undertake to grant financial institutions, investors, or financial services providers of the other Party providing the best treatment to institutions, investors, and suppliers of any third country, provided the circumstances are similar. | |
| 11.5. Right of Establishment | The commitment to allow the establishment or acquisition of a financial institution is created, without any type of numerical restriction or requirement of a specific type in a legal form; although the Parties reserve the possibility of imposing particular conditions for the provision of financial services. | |
| 11.6. Cross-border Trade | The Parties undertake to permit the provision of the specialized financial services incorporated in the Annex 11-6 under the preferential conditions set out in the article of National Treatment. | |
| 11.7. New Financial Services | The commitment to allow the financial institutions of the other Party to supply a new one is created financial service without requiring additional legislative developments, provided that the same authorisation was given to local financial institutions. | |
| 11.8. Treatment of Certain Information | With this article the Parties undertake to keep financial businesses confidential and accounts of individual customers, and information that would prevent compliance with the legislation, affect the public interest, or damage the legitimate commercial interests of certain undertakings. | |
| 11.9. Senior Executives and Boards of Directors | The commitment not to require a specific nationality for essential or senior staff is created executives of a financial institution. Also that of requiring some residence for the members of the board of a financial institution, this requirement does not affect the control over the company. | |
| 11.10. Disagreeable Measures | The Chapter provides for the possibility to derogate from the principles of liberalization, provided that In the form of Measures Disconforming to Annex III. Exceptions may be maintained for National Treatment, Most Favoured Nation Treatment, Establishment Law, Cross Border Trade, and Senior Executives and Boards of Directors. Annex III has two parts, those existing at the time of the negotiation, and the future reserves which give the States the power to establish specific sectors, subsectors or financial activities where certain discretionalities in the face of agreed liberalisation principles. | |
| 11.11. Exceptions | The Parties agree on the importance of maintaining discretion in relation to the implementation of Prudential Measures for the protection of the financial sector, its investors, and its users. It also provides for the possibility of preventing or limiting transfers by means of measures of fair, non-discriminatory, and in good faith. | |
| 11.12. Recognition and Harmonization | Parties may recognize prudential measures taken by another Party or by a country not Party by way of of unilateral recognition, or by harmonisation or by means of an agreement or agreement. | |
| 11.13. Transparency and Management of Certain Measures | seeks to promote transparency in regulation and policies that govern institutions and financial service providers, through the early publication of future regulations, the opportunity to comment on regulatory changes, the publication of requirements, information on the status of applications for necessary approval for the provision of financial services, inter alia. | |
| 11.14. Self-regulated entities | The Parties undertake to ensure that the treatment of a membership self-regulatory entity the financial institution of the other Party shall be treated in accordance with the provisions of the agreed National Treatment and Most Favoured Nation. | |
| 11.15. Payment and Compensation Systems | The agreed National Deal must also be extended to the access necessary to use the Payment Systems and Compensation administered by public entities. | |
| 11.16. Specific Commitments | Each Party establishes its specific commitments in Annex 11.16. | |
| 11.17. Data Processing | Parties allow data transfer by financial institutions, subject to authorization prior to the relevant regulator or authority, where required, and to ensure compliance with the Party's personal data protection regulations from where the information is transferred. | |
| 11.18. Financial Services Committee | A Financial Services Committee is created composed of representatives from each Party. The Committee's objective is to supervise the implementation of the Chapter, to consider any matter related to the financial services that the Parties refer to, and to participate in the procedures for Dispute Settlement on the subject, among others. | |
| 11.19. Queries | The Parties established a commitment to engage in consultations, and give due consideration, to discuss any issues related to measures affecting the trade in financial services. The officials who will participate in the consultations are set out in Annex 11.18. | |
| 11.20. Dispute settlement | An additional and specialized procedure is established to be followed, when the difference in question is Chapter XVII "Dispute Settlement" relates to Financial Services. Within the aspects that are developed, additional conditions of suitability for the panelists of a financial controversy are found. | |
| 11.21. Disputes between a Party and an Investor from another Party | A special and prior procedure for the establishment of an arbitral tribunal for the settlement of investment disputes in financial institutions, which complements the Investor Dispute Settlement System-State of Chapter X "Investment". | |
| Annex 11.6. Cross-border Trade | Specific services that can be delivered in a cross-border manner under the article are included 11.6., for Sectors: Insurance and Insurance Services; and Banking Services and other Financial Services. | |
| 11-16. Specific Commitments | Specific commitments on Non-discriminatory Investment and Treatment Advisory investors from the other Parties. | |
| Annex 11-18. Authorities Responsible for Financial Services | Each Party states which authorities are responsible for the services and financial institutions. | |
| Annex III | Collect the measures existing in the national legislation of each country which are contrary to the principles of liberalisation and which are intended to be retained, such as the sectors, sub-sectors or service activities on which the country may adopt any type of Future regulations without violating the commitments made under the terms of the Treaty of the Pacific Alliance protocol. |
MARITIME SERVICES.
i) Objective
Establish facilitation, cooperation and transparency mechanisms to increase the productivity and efficiency of the maritime and related services sector.
ii) Major Benefits for Colombia
-- Pacific Alliance countries will be able to gradually bring forward mechanisms to strengthen the competitiveness of this sector.
-- Stable national treatment for maritime service providers among Alliance countries.
iii) Content
This Chapter consists of 12 items.
| Article | ||
| Article 12.1. Definitions | The most important concepts for the Chapter are defined including ship of a Party, recognized organization, supplier of maritime transport services, related services of maritime transport. | |
| Article 12.2. Scope of Application | Covers measures affecting international shipping services and related services to shipping provided by a service provider of another Party. | |
| Article 12.3.Transport Participation | Cooperation mechanisms will be established to adopt best practices in order to foster a continuously improving maritime transport facilitation environment. | |
| Article 12.4.Treatment | The Parties shall give to the ships of another Party no less favorable in ports, than that which gives to their own ships with respect to the free access, permanence and departure of the ports, the use of the harbour facilities and all the facilities guaranteed by the latter in connection with commercial and shipping operations, for ships, their crew and cargo. | |
| Article 12.Agents and Representatives | Maritime service providers may establish representations in the territories of the other Parties. | |
| Article 12.6.Documentation of the Ships | The Parties shall recognize the travel documents of a vessel of another Party issued by the competent authority of the Party or by a recognized international organization. | |
| Article 12.7: Recognition of Crew Travel Documents from a Party | The Parties shall recognize as the travel documents of the crew of a ship of a Party the existing passport and/or marine book. They also undertake to give a treatment no less favourable than to nationals of the Party receiving the vessel. | |
| 12.7: Jurisdiction | The disputes arising between a shipowner of a Party and a member of the crew of another Party shall be settled by the competent authorities of the Party whose flag the vessel belongs to. | |
| Article 12.9: Electronic Information Exchange | The authorities will strive to maintain cross-border flows of information, as an essential element to promote a dynamic maritime service environment. | |
| Article 12.10: Competitiveness in the Maritime Sector | The Parties will work on joint strategies such as, regional maritime transport facilitation, development of logistics chains, facilitation of multimodal transport, among others, to improve the competitiveness and the deep integration of the region. | |
| Article 12.11: Cooperation | works jointly on mechanisms to reduce barriers to maritime transport services, share information and experience, exchange of students, among other cooperation activities to help the efficiency of the maritime transport sector maritime and related services. | |
| Article 12.12: Points of Contact |
E-TRADE.
i) Objective
Encourage the development of e-commerce by providing security guarantees for users and avoiding unnecessary barriers to trade.
ii) Major Benefits for Colombia
-- No customs duties, fees, fees or any other charges shall be imposed on the import or export of digital products transmitted by electronic means.
-- The chapter will enable the growth of e-commerce by the mechanism of cooperation, measures to protect consumers from fraudulent and misleading commercial practices in electronic commerce, and the protection of personal information.
iii) Content
This chapter consists of 14 articles, as follows:
| Article | ||
| 13.1: Definitions | For the purposes of the Chapter is defined: trade made by electronic means, trade administration documents, personal information, interoperability, unsolicited electronic messages, and digital products. | |
| 13.2: Scope of Application | Applies to measures affecting the electronic transactions of goods and services, subject to the provisions relevant to the Investment and Services. | |
| Article 13.3: General Provisions | ||
| 13.4: Customs duties | No customs duties, fees, tariffs or any other charge on the import or export of products shall be imposed digital. | |
| Article 13.5: Transparency | The Parties undertake to publish regulations, procedures and general application administrative decisions that relate to e-commerce. | |
| Article 13.6: Consumer Protection | ||
| Article 13.7: Unpaper Commerce Administration | Parties shall endeavour to accept electronically filed trade administration documents as the legal equivalent of the paper version of such documents. | |
| Article 13.8. Protection of Personal Information | The Parties may adopt measures necessary for the protection of personal information of the users participating in the electronic commerce. | |
| Article 13.9. Non-Requested Electronic Business Messages | Parties will take or maintain measures to protect users from messages unsolicited commercial electronics. | |
| Article 13.10. Authentication and Digital Certificates | No Party may adopt or maintain legislation on electronic authentication, which prevents the parties to a transaction made by electronic means, have the opportunity to prove to the relevant judicial or administrative authorities, that such electronic transaction meets the authentication requirements established by its legislation. | |
| Article 13.11. Cross-border Information Flow | The Parties undertake to deepen this topic further to this topic negotiation. | |
| Article 13.12. Cooperation | We will work together to encourage and facilitate the use of electronic commerce, highlighting the main elements that affect this type of commerce. | |
| Article 13.13. Chapter Administration | The Parties will work to achieve the objectives of this chapter by using different means. | |
| Article 13.14. Relationship to other Chapters | In the event of an incompatibility between this Chapter and another Chapter, the other Chapter shall prevail in the measure of incompatibility. |
TELECOMMUNICATIONS.
i) Objective
The telecommunications chapter aims to regulate and facilitate the access and use of public telecommunications networks or services among public telecommunications service providers, to establish obligations for telecommunications important suppliers and to promote free competition in the sector between the countries of the Alliance.
ii) Major Benefits for Colombia
-- Access and use of telecommunications utility networks under affordable and non-discriminatory conditions for the provision of their services.
-- Transparency in procedures, authorizations, scarce resource allocation, dispute resolution, and interconnection with important vendors.
-- Opportunity to break into new markets for the provision of services, based on the use of telecommunications networks.
-- National treatment guarantees for providers of public telecommunications networks and services; competitive safeguards measures that prevent the use of anti-competitive practices.
iii) Content
The telecommunications chapter consists of 23 articles and an annex for rural telephone providers in Peru.
| 14.1. Definitions | For the purposes of this agreement you define: authorization, leased circuits, collocation, essential facilities, interconnection, reference interconnection offer, standard interconnection offer, regulatory body, cost-oriented, major supplier, numerical portability, important supplier, among others relevant to the content of the chapter. |
| Article 14.2. Application | The scope of the Chapter is specified, which covers the related measures with the access and use of public telecommunications networks and services, those related to obligations of providers of telecommunications networks and public services and other measures. Likewise, it is clarified that it is not covered by the chapter, measures related to radio or television broadcasting and distribution. |
| Article 14.3. Access to and Use of Public Telecommunications Networks or Services | Companies in the other Party are guaranteed access and use to networks or public telecommunications services offered on the territory of the Party under reasonable and non-discriminatory terms and conditions. |
| Article 14.4. Pipeline | This obligation is on the important suppliers of the territory of each Party so that the interconnection is guaranteed to the suppliers of the other Party at any economic and technically feasible point in its network under non-discriminatory terms, conditions and tariffs. Additionally, the different mechanisms available to achieve an interconnection agreement with important vendors are established. |
| Article 14.5. Numeric Portability | Numerical portability will be guaranteed in a timely manner and in reasonable terms and conditions and not discrimination. For Colombia, this obligation applies only to mobile telephony services. |
| Article 14.6. Access to Phone Numbers | To ensure that the telecommunications public service providers of the other Parties are provide non-discriminatory access to telephone numbers. |
| Article 14.7. Competitive Safeguards | The Parties undertake to have measures to prevent significant suppliers in their territory from being able to to conduct practices that go against free competition. |
| Article 14.8. Pipeline with Important Providers | Obligations to ensure interconnection with important suppliers are established by (a) means of general terms and conditions, mechanisms for requesting interconnection, mechanisms for the interconnection procedures and the availability of basic interconnection offers. |
| Article 14.9. Treatment of Important Providers | It is guaranteed that important suppliers will grant a treatment no less favourable than the granted to its subsidiaries, affiliates or non-affiliated suppliers. |
| Article 14.10. Resale | The Parties undertake to ensure that important suppliers offer resale services on reasonable terms and conditions and not |
| Article 14.11. Disaggregation of Network Elements | Telecommunications regulatory bodies will have the power to require that suppliers important in its territory to provide access to the elements of the network in a disaggregated manner. |
| Article 14.12. Leased Circuit Pricing Supply and Fixation | It will be ensured that important suppliers supply companies from the other Parts leased in terms, conditions and tariffs that are reasonable and non-discriminatory. |
| Article 14.13. Collocation | Important providers will be guaranteed to supply the physical co-location of the equipment needed to interconnect or access the disaggregated network elements. |
| Article 14.14. Access to Posts, Pipeline, Pipeline and Pass Rights | It will be ensured that important suppliers provide access to their posts, pipelines, Own-pass rights or conduits or controlled by such important suppliers to the public telecommunications service providers of the other Parties. |
| 14.15: Independent Regulatory Bodies | The independence of regulatory bodies is ensured in the issue of decisions and regulations you issue. |
| Article 14.16. Authorities | When a provider of public telecommunications networks or services is required to license, grant, permit, register and any other authorisation to provide public telecommunications services, the Parties should ensure that the criteria and procedures laid down for obtaining such authorisation are public, as well as the response of the request in time established. |
| Article 14.17. Attribution, Allocation, and Use of Esscases | Countries can manage the attribution and use of scarce resources telecommunications in an objective, timely, transparent and non-discriminatory manner. This administration does not imply a breach of the market access obligations of the service cross-border trade chapter. |
| Article 14.18. Universal Service | Each Party has the autonomy to define the type of universal service obligations. |
| Article 14.19. Transparency | The Parties undertake to make available to the public the measures relating to public networks or services telecommunications, regulation of the regulatory body, tariffs for end users, and other relevant information for providers of public telecommunications services. |
| Article 14.20. Roaming International | The Parties will promote competition in international roaming tariffs. |
| Article 14.21. Flexibility in the Choice of Technologies | Flexibility is provided for public telecommunications service providers choose the technologies necessary for the provision of their services, subject to the requirements necessary to satisfy legitimate public policy interests. |
| Article 14.22. Telecom Controversies solution | The suppliers in each Party will be able to go to their regulatory body to fix disputes related to the provisions of article 14.3 to 14.14 of this chapter. Suppliers have the right to use review and judicial review mechanisms on decisions or decisions of the regulatory body. |
| Article 14.23: Relation to Other Chapters |
TRANSPARENCY.
i) Objective
Contribute to facilitating the timely knowledge of administrative rules, procedures and resolutions related to matters addressed by the Additional Protocol and provides for the existence of administrative procedures governed by principles and non-discriminatory rules that ensure due process and give legal certainty to the actions of the Administration.
ii) Major Benefits for Colombia
In the area of transparency, clear rules have been achieved to ensure, throughout the implementation and implementation of the Protocol, legal certainty and transparency between the administrative decisions of the Parties.
iii) Content
The chapter consists of 6 items and 1 Attachment:
| Article | Description | |
| Article 15.1. Definitions | Consets the general application administrative resolution definition, applicable to this chapter exclusively. | |
| Article 15.2. Points of Contact | Sets the obligation for the parties to designate a point of contact to facilitate and receive all communications, notifications and information provided by them, on any matter covered by the Protocol. | |
| Article 15.3. Publication | Sets the Parties ' obligations to publish their rules and procedures and administrative enforcement resolutions general related to the disciplines regulated in the Protocol. | |
| Article 15.4. Reporting and Reporting | Sets up a mechanism for reporting and providing information between Parties that ensure a smooth exchange of information relating to any internal arrangements which may affect the matters covered by the Protocol. | |
| Article 15.5. Administrative Procedures | Sets procedure principles and guidelines to ensure due process within the framework of administrative procedures in respect of persons, goods or services of the Parties. | |
| Article 15.6. Review and Appeal | Guarantees that administrative decision review mechanisms exist in the territory of the Parties, when necessary for their correction, which are set out in matters covered by the Additional Protocol taking due process into account. |
ANNEX
| Annex 15.2. Points of Contact | For the purposes of Article 15.2, the contact points are designated in each of the Parties. |
ADMINISTRATION OF THE PROTOCOL.
i) Objective
The Chapter of Administration of the Additional Protocol to the Framework Agreement of the Pacific Alliance creates the Free Trade Commission as the main administration of the international instrument and the Committees, Subcommittees and Groups are indicated. of the work that make up the institutionalization of the Protocol.
ii) Content
The chapter consists of 2 articles and 2 Annexes:
| Article | Description | |
| 16.1. The Free Trade Commission | The Free Trade Commission is created, the way it will be integrated is defined, the rules on periodicity and the chair of the meetings. | |
| Article 16.2. Functions of the Free Trade Commission | Sets out the functions of the Free Trade Commission and the powers it has for contribute to the achievement of the objectives of the Protocol. |
| Annex 16.1. Members of the Free Trade Commission | Previews the way the Free Trade Commission is integrated. For the case of Colombia, he is the Minister of Commerce, Industry and Tourism. |
| Annex 16.2. Committees, Subcommittees and Working Groups | This annex sets out the list of committees, subcommittees and working groups provided for in this annex. The protocol will help the implementation and proper functioning of the Protocol and submit reports and recommendations to the Free Trade Commission. |
DIFFERENCES SOLUTION.
i) Objectives
-- Contar with a mechanism for resolving disputes on the application and interpretation of the provisions of the Additional Protocol that ensures compliance with the obligations contained therein.
-- Ensure that the Parties have prior instances of the establishment of the Arbitration Panel, in order to reach a mutually accepted solution.
-- Ensure due process to the Parties.
-- To prevent the formation of the Arbitration Panel from relying solely on the will of the Parties and to establish a mechanism to permit the appointment and establishment of the arbitration panel in an expeditious manner.
-- Ensure that the Arbitration Panel has rules and standards in its procedures, which guarantee the objectivity and good judgment of the panelists.
-- Contar with a procedure that does not require the prior agreement of the Parties for the development of its stages.
ii) Major Benefits for Colombia
-- Clear and expeditious procedures to address the claims that Colombia may have regarding the application of the Protocol by the other Parties to it, and mechanisms that promote compliance with the decisions that are taken as a result of these procedures.
-- Alternative mechanisms for dispute resolution: good offices, reconciliation and mediation.
-- An instance of queries to resolve disputes before proceeding to the panel.
iii) Content
Chapter XVII consists of 24 items and 1 attachment
| Article | Description | |
| Article 17.1. Definitions | Defining terms for the effects of chapter 17 | |
| Article 17.2. General Provisions | Seek to reach agreements on the interpretation and application of the Protocol and make efforts to achieve mutually satisfactory solutions. The chapter seeks to provide an effective, efficient and transparent process of resolving differences that may arise in respect of the rights and obligations provided for in the Protocol. | |
| Article 17.3. Application Scope | Delineas the subjects or issues to which you apply the dispute resolution mechanism. | |
| Article 17.4. Choice of Forum | Allows the Parties to choose the forum where the dispute will lead to the Protocol, at the WTO or in the any other party to which the Party is a party; however, once elected, the selected forum applies to the exclusion of any other. | |
| Article 17.5. Queries | Sets how queries are performed between the Parties (queried and queried). | |
| Article 17.6. Intervention by the Free Trade Commission | Sets out the conditions and functions of the Free Trade Commission to seek mechanisms in order to the Parties to the dispute reach a mutually satisfactory solution. | |
| Article 17.7. Establishment of an Arbitration Tribunal | Determines the basis on which an arbitral tribunal may be constituted. | |
| Article 17.8. Participation of a Third Party | Sets out the conditions for a Party to the Protocol to participate as a third party in Arbitration procedure. | |
| Article 17.9. Plurality of Parties | Preves the possibility for Parties to act together as a Claimant Party in a proceeding arbitration. | |
| Article 17.10. Build up of Procedures | Whenever possible arbitrate procedures may be accumulated when treated for the same measure and on the basis of the same law grounds. | |
| Article 17.11. Reference terms of the Arbitration Tribunal | Contains the mandate that the Arbitration Court will have, unless the Parties agree to something different. | |
| Article 17.12. Referee requirements | Sets out the professional qualities that referees must meet. | |
| Article 17.13. Selection of the Arbitration Tribunal | Determines the procedure concerning the selection of the arbitrators and the President of the Court Arbitration. | |
| Article 17.14. Rules of Procedure of the Arbitration Courts | Enunciations that the Free Trade Commission will establish the Rules of Procedure that shall govern any arbitral tribunal. The latter may establish, in consultation with the Parties, additional procedural rules that do not conflict with the provisions of Chapter XVII. | |
| Article 17.15. Arbitration Project of the Arbitration Tribunal | Determines the elements to be contained in the award project, and the time limits within which They must be notified to the Parties in the dispute and give them the opportunity to comment. | |
| Article 17.16. Final Ruling of the Arbitration Tribunal | Preves that the final award must be made within 30 days of the notice of the project and determines the legal nature of the award. | |
| Article 17.17. Request for Clarification of the Arbitration Laute | Regulates the procedure by which a Party to the difference may apply to the Court Arbitration, clarification of the Arbitration Award. | |
| Article 17.18. Procedure Suspension and Termination | Sets the conditions for the Parties to the deferred to suspend or give for terminated the arbitral proceedings. | |
| Article 17.19. Enforcement of the Arbitration Tribunal's Laute | Allows the Parties to the dispute to reach agreements on compliance with the award in the terms provided for in that award. | |
| Article 17.20. Compensation or Benefit Suspension | Sets the requirements and criteria that must be considered for the establishment of mutually acceptable compensation until the difference is settled. It also provides for the requirements that the complaining Party may initiate the suspension of benefit and other obligations under the Additional Protocol that a Party proceeds to suspend the benefits to the Party that has failed to comply. | |
| Article 17.21. Cases of Urgency | Provides that in cases of urgency the deadlines provided for in the chapter will be reduced by half, unless established something other than the same. | |
| Article 17.22. Compliance and Suspension of Benefits Review | Sets the way a panel can review if compliance with the Award or rule on the level of suspension of benefits. | |
| Article 17.23. Good Trades, Reconciliation and Mediation | States that alternative dispute resolution mechanisms can be used in any time if there is agreement between the Parties on the difference and also, that either Party may suspend or terminate them. | |
| Article 17.24. Administration of the Dispute Settlement Procedures | You have each Party designate a permanent office to provide administrative support to the arbitral tribunals and execute other functions under instruction of the Free Trade Commission. |
ANNEX
| Annex 17.3. Cancellation and Impairment | Provides that a Party may use the dispute settlement mechanism when, under the application of a measure which does not contravene the Protocol, considers that the benefits which it could reasonably have expected in respect of specific cases are cancelled or undermined. |
EXCEPTIONS.
i) Objective
The Exceptions chapter regulates topics that allow you to exempt certain topics from the application of the Additional Protocol.
ii) Major Benefits for Colombia
The exceptions make it possible to justify the adoption of measures that may eventually be considered incompatible with the obligations of the Additional Protocol under certain policy objectives.
iii) Content
The chapter consists of 6 items and 1 Attachment:
| Article | Description | |
| Article 18.1. General Exceptions | Mutatis mutandis , GATT and XIV articles of the GATS are incorporated mutatis mutandis, for chapters in particular. | |
| Article 18.2. Public Order | Indicates that in terms of investment, the Parties understand that no measure can be interpreted to prevent the adoption of measures to preserve public order, provided that they do not constitute an arbitrary or unjustified means of discrimination. | |
| Article 18.3. Essential Security | This exception allows Parties to depart from the obligations of the Protocol in those cases where they are affected or threatened their essential security interests. | |
| Article 18.4. Tax Measures | regulates how tax measures are excluded from the disciplines of the Additional Protocol. | |
| Article 18.5. Disclosure of Information | Preves that the provisions of the Protocol cannot be interpreted in the sense of obliging a Party to provide or give access to a certain type of confidential information. | |
| Article 18.6. Temporary Safeguarding Measures | This exception allows Parties to adopt or maintain restrictive measures, subject to the conditions laid down in that provision, in relation to the trade in goods and services and the payments and movements of capital. |
ANNEX
| 18-A | Contains clarifications on the application of exceptions for Peru with other counterparties. |
FINAL PROVISIONS.
i) Objective
Regular the operation of the Protocol as a treaty under international public law.
ii) Major Benefits for Colombia
In the chapter of the Final Provisions, rules are entered that give certainty to the authorities and traders of trade, on the entry into force, the validity and the accession to the Protocol, among other aspects.
Because of the importance of the issue, taking into account recent statements by the Constitutional Court, it is necessary to make a specific reference to Article 19.3 of the Protocol, which contains a clause of provisional application in favor of Colombia, the which provides that our country "give provisional application to this Additional Protocol prior to its entry into force, in accordance with its domestic law and international law."
The Vienna Convention on the Law of the Treaties allows for the provisional application of the Treaties, provided that this is expressly provided for or that the intention of the Parties to allow it is clearly deduced.
In terms of domestic law, Article 224 of the Political Constitution provides that the provisional application of the treaties fits when the treaties " area nature economic and commercial and have been agreed in the field of international bodies so provided.
In this regard, the Constitutional Court in judgment C-280/14, of May 8, 2014 (M.P. Luis Guillermo Guerrero Pérez), interpreted the aforementioned requirements. This interpretation was subsequently repeated, by judgment C-335/14 of 4 June 2014 (M.P. Gabriel Eduardo Mendoza Martelo).
The provisional application clause is not incompatible with the Constitution, as it has to comply with domestic law and international law for the purposes of its interpretation and application, in the above terms.
iii) Content
Chapter 19 consists of 8 articles:
| Article | Description | |
| Article 19.1. Attachments, Appendices, and Notes to the Footer | Sets that attachments, stubs, and footnotes are an integral part of the Protocol. | |
| Article 19.2. Depositary | Preves that the Republic of Colombia will be the Depositary of the Protocol. | |
| Article 19.3. Entry into force | Regulate the way the Protocol will enter into force and provides for the possibility for the Republic of Colombia to give it provisional application, subject to its domestic law and international law. | |
| Article 19.4. Amendments | Regulates how amendments can be made to the Treaty. | |
| Article 19.5. WTO Agreement Amendments | Sets out the procedure to be followed in the event that any provision of the Agreement is amended the WTO that the Parties have incorporated into the Protocol. | |
| Article 19.6. Complaint | Regulates how the Parties may denounce the Protocol and the effects of such denunciation. | |
| Article 19.7. Adherence | Preves that the Protocol's Accession will take effect 60 days after the date of the deposit of the adhesion. | |
| Article 19.8. Reservations | States that the Protocol will not be able to be subject to reservations. |
For the National Government, it is pleasing to present to the honorable Congress of the Republic the Bill, by means of which the "Additional Protocol to the Framework Agreement of the Pacific Alliance" is approved, signed in Cartagena de Indias, Republic of Colombia, on February 10, 2014. As has been described throughout this explanatory statement, the Pacific Alliance is a mechanism of deep integration among the four most successful economies in Latin America and poses a comprehensive vision of economic development and improvement. of the quality of life of the inhabitants of the Member States. In particular, this bill will allow it to apply to the trade area of the Pacific Alliance, which simplifies the rules of trade that Colombian companies must comply with when they export to markets to which they are headed. part of the country's value added exportable offer. The approval and implementation of this Protocol will result in greater opportunities for the Colombian productive apparatus, greater economic growth and job creation and will contribute to the prosperity and well-being of the Colombian population.
For the reasons outlined above, the National Government, through the Deputy Minister of Foreign Affairs in charge of the Office of the Foreign Minister, the Minister of Finance and Public Credit, the Minister of Foreign Affairs of Agriculture and Rural Development and the Minister of Commerce, Industry and Tourism, requests the honorable Congress of the Republic, approve the bill, by means of which the " Additional Protocol to the Framework Agreement of the Pacific Alliance ", signed in Cartagena de Indias, Republic of Colombia, 10 February 2014.
Of the honorable Senators and Representatives,
The Coordinator of the Internal Legal Affairs Directorate of the International Legal Affairs Directorate of the Ministry of Foreign Affairs of the Republic of Colombia
CERTIFIES:
That the reproduction of the text that works on the compact disc (CD) accompanying this project is a faithful and complete copy of the original of the 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, a document that rests on the archives of the Internal Working Group of the Treaties of the Directorate of International Legal Affairs of this Ministry.
Dada in Bogotá, D. C., at twenty-eight (28) days of the month of August of two thousand fourteen (2014).
(January 13)
by which the follow-up to the international conventions signed by Colombia is ordered.
The Congress of Colombia
DECRETA:
Item 1or. The National Government through the Foreign Ministry will submit annually to the Senate and Senate Foreign Relations Committees, and within the first thirty days of the legislative period, which begins every 20 years. July, a detailed report on how the existing International Conventions signed by Colombia with other States are being complied with and developed.
Article 2or. Each dependency of the National Government responsible for implementing the International Treaties of its competence and requiring reciprocity in them, will transfer the relevant information to the Ministry of Foreign Affairs and the Ministry of Foreign Affairs. Second.
Item 3or. The full text of this law shall be incorporated as an annex to any and all International Conventions that the Ministry of Foreign Affairs presents to the Congress.
Article 4or. This law governs from its enactment.
The President of the honorable Senate of the Republic,
AMYLKAR ACOSTA MEDINA.
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
CARLOS SQUIRLA BALLESTEROS.
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR.
COLOMBIA-NATIONAL GOVERNMENT
Publish and execute.
Dada en Santa Fe de Bogota, D. C., on January 13, 1998.
ERNESTO SAMPER PIZANO
The Foreign Minister,
MARIA EMMA MEJIA VELEZ
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., 1 September 2014
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
(Fdo.) Maria Angela Holguin Cuellar.
DECRETA:
ARTICLE 1o. Approve the "Additional Protocol to the Framework Agreement of the Pacific Alliance," signed in Cartagena de Indias, Republic of Colombia, on February 10, 2014.
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Additional Protocol to the Framework Agreement of the Pacific Alliance", signed in Cartagena de Indias, Republic of Colombia, on 10 February 2014, which by article 1or this law is approved, will force the Republic of Colombia from the date on which the international link with respect to it is perfected.
ARTICLE 3o. This law governs from the date of its publication.
Dada en Bogotá, D. C., a ...
Presented to the honorable Congress of the Republic by the Deputy Minister of Foreign Affairs in charge of the functions of the Office of the Minister of Foreign Affairs, the Minister of Finance and Public Credit, the Minister of Agriculture and Rural Development and the Minister for Trade, Industry and Tourism.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., 1 September 2014
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
(Fdo.) Maria Angela Holguin Cuellar.
DECRETA:
ARTICLE 1o. Approve the "Additional Protocol to the Framework Agreement of the Pacific Alliance," signed in Cartagena de Indias, Republic of Colombia, on February 10, 2014.
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Additional Protocol to the Framework Agreement of the Pacific Alliance", signed in Cartagena de Indias, Republic of Colombia, on 10 February 2014, which by article 1or this law is approved, will force the Republic of Colombia from the date on which the international link with respect to it is perfected.
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
JOSÉ DAVID NAME CARDOZO.
The Secretary General of the honorable Senate of the Republic,
GREGORIO ELJACH PACHECO.
The President of the honorable House of Representatives,
FABIO RAUL AMIN SALEME.
The Secretary General of the honorable House of Representatives,
JORGE HUMBERTO MANTILLA SERRANO.
COLOMBIA-NATIONAL GOVERNMENT
Publish and comply.
Dada in Bogotá, D. C., at December 26, 2014.
JUAN MANUEL SANTOS CALDERÓN
The Deputy Foreign Minister of the Ministry of Foreign Affairs, in charge of the functions of the Foreign Minister's office,
PATTI LONDONO JARAMILLO.
The Minister of Finance and Public Credit,
MAURICIO CÁRDENAS SANTAMARIA.
The Minister of Agriculture and Rural Development,
AURELIO IRAGORRI VALENCIA.
The Minister of Commerce, Industry and Tourism,
CECILIA ALVEZ-CORREA GLEN.
* * *
| 1 | George, S. (2014). The Pacific Pumas. An emerging model for emerging markets. Washington D. C.: Bertelsmann Foundation. |
| 2 | Not enough information is available for Peru in 2013, so the Alliance totals are presented in 2012. |
| 3 | Information taken from the IMF's World Economic Outlook for April 2014. |
| 4 | DANE source-DIAN. |
| 5 | Sources: UNCTAD and CEPAL. |
| 6 | Source: UNCTAD. |
| 7 | Notes the Bank of the Republic: " A negative flow means that repayments of capital are greater than the new investment. " |
| 8 | Trade and integration: 1. Access to markets, 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 trade in services, 7 Financial services, 8 Telecommunications, 9 E-commerce, 10 Maritime services, 11. Investment. Other Disciplines: 12 Public Procurement, 13 Initial Provisions, 14 General Definitions, 15 Exceptions, 16 Additional Protocol Administration, 17 Transparency, 18 Dispute Settlement and 19 Final Provisions. |
| 9 | Article 113 (C. P.) They are Ramas of the Public Power, the legislative, the executive, and the judicial. In addition to the constituent bodies, there are others, autonomous and independent, for the fulfilment of the other functions of the State. The different organs of the State have separate functions but collaborate harmoniously for the realization of their ends. |
| 10 | Numerals 16 and 19 literal b). |
| 11 | Article 189. Numeral 2: Direct international relations; numeral 25: Name diplomatic and consular agents, receive the respective agents, and celebrate with other States and entities international law Agreements or conventions to be submitted to the approval of the Congress ". |
| 12 | Constitutional Court. C-045 statement from 1994. M. P. Hernando Herrera Vergara. |
| 13 | " CONDITIONS IN YOUR PROCESSING. Proposals for non-approval, postponement or reservation may be submitted in respect of International Agreements and Conventions. |
| The text of the Agreements cannot be amended. | |
| The reservation proposals may only be made to the Agreements and Conventions that provide for this possibility, or whose content allows it to be accepted. These proposals, as well as those for postponement, will follow the arrangements for amendments in the ordinary legislative process. | |
| The competent Commissions will raise to the plenary, in accordance with the general rules, reasoned proposals on whether or not to access the requested authority ". | |
| 14 | Constitutional Court. C-176 statement of April 12, 1994. M. P. Alejandro Martínez Caballero. |
| 15 | Constitutional Court. C-564 statement from 1992. M. P. Eduardo Cifuentes Muñoz. |
| 16 | This Corporation, among others, has been pronounced in the Statement C-492 1998. M. Fabio Moron Diaz. Quote from the 2006 C-864 statement. |
| 17 | An example of the practical application of this principle is referred to in the Statement C-864 2006, the Constitutional Court said as follows: " In relation to the principle of reciprocity provided for in the same Superior precept, it is appropriate to note that the obligations assumed by the States Parties to This Agreement of Economic Complementation is a mutual correspondence and do not bring with them an unfavourable or inequitable condition for any of them. Precisely, the clear, unequivocal and timely determination of the conditions and requirements to qualify the origin of a product or service as "originating" or "precedent" of the Member States, as provided for in Article 12 and in the Annex IV of the said Agreement is an essential element in guaranteeing the said principle of reciprocity, since it prevents the granting of tariff preferences to goods from countries other than signatories which are not granting any benefit. commercial ". |
| 18 | C-309 statement 2007 (M. P., Dr. Marco Gerardo Monroy Cabra). |
| 19 | C-446 statement from 2009 (M. P. Mauricio González Cuervo). |
| 20 | C-303 statement , 2012, April 25, 2012, M. P. Mauricio González Cuervo, Revision of the Constitutionality of Law 1463 of June 29, 20011 "By means of which the" Agreement between the Governments of the Republic of Colombia and the Federal Republic of Brazil for the establishment of the Special Regime Zone Border for the localities of Tabatinga (Brazil) and Leticia (Colombia) ", signed in Bogotá, D. C., at the 19 days of the month of September 2008". |
| 21 | Ibidem. |
| 22 | C-581 statement , 2002, July 30, 2002, M. P. Clara Inés Vargas Hernández, when examining the constitutionality of Law 722 of December 24, 2001 by means of which the Agreement of the partial scope of complementation is approved Economic No. 48 between the Government of the Republic of Argentina and the Governments of the Republics of Colombia, Ecuador, Peru and Venezuela, member countries of the Andean community". |
| 23 | Constitutional Court. Statement C-621 of 2001. M. P., Dr. Manuel José Cepeda. |
| 24 | The GAN is made up of the Vice-Ministers of Foreign Trade and Relations External of the four member countries and it is a function to monitor the progress of the technical groups, to evaluate new areas in which it can continue to advance and to prepare a proposal for the projection and external relations with others regional bodies or groups, in particular the Asia Pacific. |
| 25 | Compliance assessment procedures are the mechanisms through which is determined whether or not a particular product complies with a specific technical regulation. |
| 26 | Reports of Trade Policy Examinations of the WTO Secretariat: www.wto.org. |
