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Inexequible - Through Which Approves The Convention On The Marking Of Plastic Explosives For The Purpose Of Detection, Done At Montreal, The First (1St) Of March Of Thousands Nine Hundred Ninety And One (1991)

Original Language Title: INEXEQUIBLE - Por medio de la cual se aprueba el Convenio sobre la Marcación de Explosivos Plásticos para los fines de Detección, hecho en Montreal, el primero (1°) de marzo de mil novecientos noventa y uno (1991)

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831 OF 2003

(July 10)

Official Journal No. 45,248 of 14 July 2003

PUBLIC POWER-LEGISLATIVE BRANCH

By means of which the Convention on the Marking of Plastic Explosives is approved for the purposes of Detection, made in Montreal, the first (1st) of March of a thousand nine hundred and ninety-one (1991).

Vigency Notes Summary

THE CONGRESS OF THE REPUBLIC

Having regard to the text of the "Convention on the Marcac ion of Plastic Explosives for the purposes of Detection, made in Montreal, the first (1 °) of March of a thousand nine hundred and ninety-one (1991)", which to the letter reads:

(To be transcribed: photocopy of the full text of the International Instrument mentioned).

SENATE BILL NUMBER 222 OF 2002 SENATE

by means of which the "Convention on the Marking of Plastic Explosives for the purposes of Detection, made in Montreal" is approved, the first (1st) of March of a thousand nine hundred and ninety-one (1991).

The Congress of the Republic

Having regard to the text of the Convention on the Marking of Plastic Explosives for the purposes of Detection, made in Montreal, the first (1st) of March of a thousand nine hundred and ninety-one (1991), which to the letter says:

(To be transcribed: photocopy of the full text of the International Instrument mentioned).

" CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES

FOR DETECTION PURPOSES

States Parties to this Convention,

Aware of the repercussions of acts of terrorism on international security;

Expressing deep concern over terrorist acts aimed at destroying aircraft, other means of transport and other targets;

Concerned about the fact that plastic explosives have been used to commit such terrorist acts;

Whereas the marking of such explosives for the purposes of detection would significantly contribute to the prevention of such illegal acts;

Recognising that in order to deter such unlawful acts an international instrument requiring States to take appropriate measures to ensure that plastic explosives are properly marked is urgently needed;

Whereas United Nations Security Council Resolution 635 of 14 June 1989 and UN General Assembly Resolution 44/29 of 4 December 1989, in which the Aviation Organization is urged to International Civil to intensify its work to establish an international regime of plastic or sheet explosive marking to detect its presence;

Having presented Resolution A27-8 adopted unanimously by the 27th session of the Assembly of the International Civil Aviation Organization, which supported the preparation of a new instrument with maximum priority and preponderant international legal framework for the placing of marks on plastic or sheet explosives to facilitate their detection;

Taking note with satisfaction of the role played by the International Civil Aviation Organization Council in the preparation of the Convention, as well as its willingness to assume functions related to its implementation;

The following have been agreed:

ARTICLE I. FOR THE PURPOSES OF THIS CONVENTION. :

1. 'Explosives' means explosive products commonly known as 'plastic explosives', including explosives in the form of a flexible or elastic sheet, described in the Technical Annex to this Convention.

2. 'Detection agent' means the substance described in the Technical Annex to this Convention and which is inserted into an explosive in order to be able to detect them.

3. 'Marking' means the introduction into the explosive of a detection agent in accordance with the Technical Annex to this Convention.

4. "Manufacturing" means any process, including reprocessing, which results in explosives.

5. "Duly authorised military devices" includes, without the list being exhaustive, cartridges, bombs, projectiles, mines, missiles, rockets, hollow loads, grenades and drillers manufactured exclusively for military or police purposes compliance with the laws and regulations of the State Party concerned.

6. 'producer State' means any State in the territory of which plastic explosives are manufactured.

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ARTICLE II.

Each State Party shall take the necessary and effective measures to prohibit and prevent the manufacture in its territory of unmarked explosives.

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ARTICLE III.

l. Each State Party shall take the necessary and effective measures to prohibit and prevent entry or exit from its territory of unmarked explosives.

2. The preceding paragraph shall not apply to posting for purposes other than incompatible with the objectives of this Convention, by the authorities of a State Party carrying out military or police functions, without marking that they are under the control of that State party in accordance with Article IV, paragraph 1.

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ARTICLE IV.

1. Each State Party shall take the necessary measures to exercise strict and effective control over the holding or transfer of the holding of unmarked explosives which have been manufactured or introduced into its territory before the entry into force of this Agreement. of this Convention in order to prevent its seizure or use for purposes incompatible with the objectives of this Convention.

2. Each State Party shall take the necessary measures to ensure that all stocks of the explosives referred to in paragraph 1 of this Article which are not held by the authorities of that State carrying out military or police functions shall be destroy or consume for purposes which are not incompatible with the objectives of this Convention, are permanently marked or processed into inert substances within three years of the entry into force of this Convention in respect of that State.

3. Each State Party shall take the necessary measures to ensure that all stocks of the explosives referred to in paragraph 1 of this Article are held by the authorities of that State carrying out military or police functions and not they are incorporated as an integral part of the duly authorised military artifacts, for which they are destroyed or consumed for purposes other than incompatible with the objectives of this Convention, which are permanently marked or transformed into inert substances, within 15 years of the entry into force of this Convention in respect of the that State.

4. Each State Party shall take the necessary measures to destroy, as soon as possible, in its territory, the unmarked explosives discovered therein and which are not mentioned in the preceding paragraphs of this Article, other than the stocks of unmarked explosives held by the authorities of that State carrying out military or police functions and incorporated as an integral part of the duly authorised military devices, on the date of entry into force of the this Convention with respect to that State.

5. Each State Party shall take the necessary measures to exercise strict and effective control over the holding and transfer of possession of the explosives referred to in paragraph II of Part I of the Technical Annex to this Convention. to avoid their seizure or use for purposes incompatible with the objectives of this Convention.

6. Each State Party shall take the necessary measures to destroy as soon as possible, on its territory, unmarked explosives manufactured after the entry into force of this Convention in respect of that State which is not incorporated as specified in this Convention. in point (d) of paragraph II of Part I of the Technical Annex to this Convention and the explosives without marking that they no longer fall within any other paragraph of that paragraph II.

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ARTICLE V.

l. This Convention establishes the International Technical Commission on Explosives (hereinafter referred to as 'the Commission'), consisting of no less than fifteen or more than 19 members appointed by the Council of the Civil Aviation Organisation. International (hereinafter referred to as "the Council"), from among the candidates proposed by the States Parties to this Convention.

2. The members of the Commission shall be experts who have direct and solid experience in the manufacture or detection of explosives or explosives research.

3. The members of the Commission shall provide services for a period of three years and may be subject to a new appointment.

4. The sessions of the Commission shall be convened at least once a year at the headquarters of the International Civil Aviation Organization or at the places and dates determined or approved by the Council.

5. The Commission shall adopt its rules of procedure, subject to the approval of the Council.

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ARTICLE VI.

l. The Commission shall assess the development of the technique in the manufacture, marking and detection of explosives.

2. The Commission, through the Council, shall communicate its conclusions to the States Parties and to the international bodies concerned.

3. Whenever necessary, the Commission shall make recommendations to the Council for the amendment of the Technical Annex to this Convention. The Commission will seek to adopt by consensus its decisions on these recommendations. In the absence of consensus, the Commission shall adopt these decisions by a two-thirds majority of its members.

4. The Council may, on a recommendation from the Commission, propose to the States Parties amendments to the Technical Annex to this Convention.

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ARTICLE VII.

1. Any State party may transmit to the Council its comments within 90 days of the date of notification of a proposal to amend the Technical Annex to this Convention. The Council shall communicate these comments to the Commission as soon as possible for examination by the Council. The Council shall invite any State Party to comment or object to the proposed amendment to consult the Commission.

2. The Commission shall examine the views of the States Parties made in accordance with the preceding paragraph and report to the Council. The Council, after examining the Commission's report and taking into account the nature of the amendment and the comments of the States parties, including the producer States, may propose the amendment to all States Parties for their adoption.

3. If the proposed amendment has not been objected to by five or more States parties by a written notification to the Council within 90 days of the date of notification of the amendment by the Council, it shall be deemed to have been It shall be adopted and shall enter into force one hundred and eighty days later or after any other period laid down in the proposed amendment to the States Parties which have not expressly objected to it.

4. States Parties which have expressly objected to the proposed amendment may subsequently, by depositing an instrument of acceptance or approval, express their consent to be bound by the amendment.

5. If five or more States Parties have objected to the proposed amendment, the Council shall forward the amendment to the Commission for further examination.

6. If the proposed amendment has not been adopted in accordance with paragraph 3 of this Article, the Council may also convene a conference of all States Parties.

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ARTICLE VIII.

l. The States Parties shall, as far as possible, transmit to the Council the information to assist the Commission in carrying out its tasks in accordance with Article VI (I).

2. The States Parties shall keep the Council informed of the measures they have taken to comply with the provisions of this Convention. The Council shall communicate this information to all States Parties and to the international bodies concerned.

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ARTICLE IX.

The Council, in cooperation with the relevant States Parties and international bodies, shall take appropriate measures to facilitate the implementation of this Convention, including the provision of technical assistance and measures for the exchange of information. information related to technical advances in the field of marking and detection of explosives.

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ARTICLE X.

The Technical Annex to this Convention shall form an integral part thereof.

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ARTICLE XI.

l. Disputes arising between two or more States Parties with regard to the interpretation or application of this Convention and which cannot be settled by negotiations shall be subject to arbitration at the request of one of them. If, within six months from the date of submission of the request for arbitration, the Parties do not agree to agree on the form of the request, either Party may submit the dispute to the International Court of Justice, by means of an application filed in accordance with the Statute of the Court.

2. Any State Party may, at the time of signature, ratification, acceptance or approval of or accession to the Convention, declare that it is not considered bound by the preceding paragraph. The other Party shall not be bound by the preceding paragraph to any State party which has made such a reservation.

3. Any State Party which has made the reservation provided for in the preceding paragraph may withdraw it at any time by notification to the Depositary.

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ARTICLE XII.

With the exception of Article XI, this Convention may not be subject to reservations.

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ARTICLE XIII.

l. This Convention shall be open for signature in Montreal on 1 March 1991 from the States participating in the International Conference on Air Law held in Montreal from 12 February to 1 March 1991. After 1 March 1991, the Convention shall be open to the signature of all States at the Headquarters of the International Civil Aviation Organization in Montreal, until its entry into force in accordance with paragraph 3 of this Article. States which do not sign this Convention may accede to it at any time.

2. This Convention shall be subject to the ratification, acceptance, approval or accession of the States. The instruments of ratification, acceptance, approval or accession shall be deposited in the archives of the International Civil Aviation Organization, which is hereby designated as Depositary. When depositing its instrument of ratification, acceptance, approval or accession, each State shall declare whether or not it is a producer State.

3. This Convention shall enter into force on the sixtieth day after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession to the Depositary, provided that no less than five of those States have declared, in accordance with paragraph 2 of this Article, which are producer States. If thirty-five such instruments are deposited before five producing States deposit their instruments, this Convention shall enter into force on the sixtieth day after the date of deposit of the instrument of ratification, acceptance, approval or accession of the fifth producer State.

4. For other States, this Convention shall enter into force 60 days after the date of deposit of its instruments of ratification, acceptance, approval or accession.

5. As soon as this Convention enters into force, the Depositary shall register it in accordance with Article 102 of the Charter of the United Nations and in accordance with Article 83 of the Convention on International Civil Aviation (Chicago, 1944).

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ARTICLE XIV.

The Depositary shall immediately notify all Signatories and States Parties:

1. each signature of that Convention and the relevant date.

2. the deposit of any instrument of ratification, acceptance, approval or accession and the relevant date, expressly indicating whether the State has declared to be a producer State.

3. the date of entry into force of this Convention.

4. the date of entry into force of any amendment to this Convention or its Technical Annex.

5. any complaint made pursuant to Article XV, and

6. any declaration made in accordance with Article XI, paragraph 2.

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ARTICLE XV.

l. Any State Party may denounce this Convention by means of a written notification to the Depositary.

2. The denunciation shall take effect one hundred and eighty days after the date on which the Depositary receives the notification.

In testimony to which the plenipotentiaries who subscribe, duly authorized by their governments to do so, sign this Convention.

Made in Montreal, the first day of March of a thousand nine hundred and ninety-one, in an original, composed of five authentic texts in the Spanish, French, English, Russian and Arabic languages.

TECHNICAL ANNEX

PART 1: DESCRIPTION OF EXPLOSIVES

I. The explosives referred to in paragraph 1 of Article 1 of this Convention are those that:

a) Are formulated with one or more high explosives which in their pure form have a vapour pressure less than 10-4 Pa at a temperature of 25 °C;

b) Are formulated with a binder material, and

c) Are, as a mixture, malleable or flexible at normal room temperature.

II. The following explosives, even though meeting the description of explosives in paragraph I of this Part, shall not be considered to be explosives as long as they continue to be held or used for the purposes specified below or remain incorporated as there specified, namely those explosives that:

a) Are manufactured, or held, in limited quantities solely for use in duly authorized research development or testing of new or modified explosives;

b) Are manufactured, or held, in limited quantities solely for use in duly authorized training in explosives detection and/or development or testing of explosives detection equipment;

c) Are manufactured, or held, in limited quantities solely for duly authorized forensic science purposes, or

d) Are destined to be and are incorporated as an integral part of duly authorized military devices in the territory of the producer State within three years after the coming into force of this Convention in respect of that State. Such devices produced in this period of three years shall be deemed to be duly authorized military devices within paragraph 4 of Article IV of this Convention.

III. In this Part:

"Duly authorized" in paragraph II a), b) and c) means permitted according to the laws and regulations of the State Party concerned, and

"High explosives" include but are not restricted to cyclotetra-methylenetranitramine (HMX), pentaerythritol tetranitrate (PETN) and cyclotrimethylenetrintrinine (RDX).

PART 2: DETECTION AGENTS

A detection agent is any one of those substances set out in the following Table. Detection agents described in this Table are intended to be used to enhance the detection of explosives by vapour detection means. In each case, the introduction of a detection agent into an explosive shall be done in such a manner as to achieve homogeneous distribution in the finished product. The minimum concentration of a detection agent in the finished product at the time of manufacture shall be as shown in the said Table.

Table

Molecular Molecular Minimum

Name of detection agent formula weight concentration

Ethylene glycol dinitrate (EGDN) C2H4 (NO3) 2 152 0.2% by mass

2,3-Dimethyl-2,3-dinitrobutane (DMNB) C6H12 (NO2) 2 176 0.1% by mass

for-Mononitrotoluene (p-MNT) C7H7NO2 137 0.5% by mass

ortho-Mononitrotoluene (o-MNT) C7H7NO2 137 0.5% by mass

Any explosive which, as a result of its normal formulation, contains any of the designated detection agents at or above the required minimum concentration level shall be deemed to be marked.

CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES FOR THE PURPOSE OF DETECTION

done in Montreal on 1st March 1991

It is true and true copy.

Directorate of Legal Affairs.

INTERNATIONAL CIVIL AVIATION ORGANIZATION

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., January 3, 2002

Approved. Submit to the consideration of the honorable National Congress for constitutional effects.

(Fdo.) ANDRES PASTRANA ARANGO

The Foreign Minister,

(Fdo.) Guillermo Fernandez de Soto.

DECRETA:

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ARTICLE 1o. Approve the "Convention on the Marking of Plastic Explosives for the purposes of Detection, made in Montreal, the first (1 °) of March of a thousand nine hundred and ninety-one (1991)."

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ARTICLE 2o. In accordance with the provisions of Article 1 of the 7th Act of 1944, the " Convention on the Marking of Plastic Explosives for the Purposes of Detection, made in Montreal, the first (1 °) of March of a thousand nine hundred and ninety-one (1991) ", which by article 1 ° of this law are approved, shall force the country from the date on which the international ties with respect to the same are perfected.

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

The President of the honorable Senate of the Republic,

Luis Alfredo Ramos Botero.

The Secretary General of the honorable Senate of the Republic,

Emilio Ramon Otero Dajud.

The President of the honorable House of Representatives,

William Velez Mesa.

The Secretary General of the honorable House of Representatives,

Angelino Lizcano Rivera.

COLOMBIAN REPUBLIC-NATIONAL GOVERNMENT

Communicate and comply.

Execute a review of the Constitutional Court in accordance with Article 240-1 of the Political Constitution.

Dada en Bogotá, D. C., 10 July 2003.

ALVARO URIBE VELEZ

The Deputy Foreign Minister, in charge of the functions of the Office of the Minister of Foreign Affairs,

Clemency Forero Ucros.

The Minister of Transport,

Andres Uriel Gallego Henao.

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