The Conference shall hold regular sessions every three years at the request of the Committee. It shall also meet at any other time in extraordinary session, when convened by the latter to deal with questions of its specific competence.
The Conference shall meet and take decisions with the presence of all member countries.
Article 35.
The Committee is the permanent body of the Association and shall have the following powers and duties:
a. To promote the conclusion of regional scope agreements, under the terms of article 6 of the present Treaty and, for that purpose, to convene governmental meetings at least once a year with the following aims:
i. Give continuity to the activities of the new integration process;
ii. Evaluate and guide the operation of the process;
iii. Analyze and promote measures to attain more advanced mechanisms of integration; and
iv. Undertake sectoral and multisectoral negotiations with the participation of all member countries in order to reach regional scope agreements basically referred to tariff cuts;
b. To adopt the measures necessary to implement the present Treaty and all its supplementary rules;
c. To regulate the present Treaty;
d. To perform the tasks entrusted to it by the Council and the Conference;
e. To adopt the annual work program of the Association and its annual budget;
f. To fix the contributions of member countries to the Association budget;
g. To adopt, as proposed by the Secretary-General, the structure of the Secretariat;
h. To convene the Council and the Conference;
i. To represent the Association before third parties;
j. To commend studies to the Secretariat;
k. To submit recommendations to the Council and the Conference;
l. To present reports on its activities to the Council;
m. To propose formulae to solve issues brought forth by member countries claiming non-observance of some of the rules or principles of the present Treaty;
n. To multilaterally assess partial agreements as may be drawn up by the countries under the terms of article 25 of the present Treaty;
ñ. To declare the compatibility of partial agreements to be drawn up by member countries under the terms of article 27 of the present Treaty;
o. To create auxiliary bodies;
p. To adopts its own Rules of Procedure; and
q. To take care of business of common interest not falling within the competence of the other bodies of the Association.
Article 36.
The Committee shall be composed of a Permanent Representative of each member country with the right to one vote.
Each Permanent Representative shall have a Deputy.
Article 37.
The Committee shall meet and adopt resolutions with the presence of two thirds of the member countries' Representatives.
Article 38.
The Secretariat shall be headed by a Secretary-General and composed of technical and administrative staff.
The Secretary-General shall hold office for a period of three years and may be re-elected for an equal term.
The Secretary-General shall act in such capacity with respect to all the political bodies of the Association.
The Secretariat shall have the following powers and duties:
a. To submit proposals to the corresponding Association bodies, through, the Committee, leading towards a better accomplishment of the objectives and duties of the Association;
b. To carry out the necessary studies to fulfill its technical duties and those entrusted to it by the Council, the Conference and the Committee, and to perform the other activities provided for in the annual work program;
c. To carry out studies and actions leading to proposals to member countries, through their Permanent Representatives, regarding conclusion of the agreements foreseen by the present Treaty, within the guide-lines established by the Council and the Conference;
d. To represent the Association before international economic organization and institutions in order to deal with questions of common interest;
e. To administer the Association assets and represent it for such purposes in public and private law acts and contracts;
f. To request technical advice and cooperation of individuals and national and international organizations;
g. To propose the creation of auxiliary bodies to the Committee;
h. To process and furnish member countries, in a systematic and updated manner, statistical information and data on foreign trade regulation systems of member countries in order to facilitate the preparation and carrying out of negotiations within the various Association mechanisms, as well as the further utilization of the respective concessions;
i. To analyze on its own initiative, for all countries, or at the request of the Committee, compliance of agreed commitments, and evaluate legal provisions of member countries which directly or indirectly alter concessions granted;
j. To call meetings of non-governmental auxiliary bodies and coordinate their operation;
k. To periodically evaluate the progress of the integration process and permanently follow up the activities undertaken by the Association and the commitments resulting from the agreements achieved within in framework of same;
l. To organize and put into operation an Economic Promotion Unit for relatively less developed countries and carry out actions to obtain technical and financial resources, as well as studies and projects to comply with the promotion program. At the same time, to draw up an annual report on the advantages obtained from the system in favour of the relatively less developed countries;
m. To prepare the Association's expenditure budget, for approval by the Committee, as well as such subsequent reforms which might be necessary;
n. To prepare and present to the Committee the draft annual work programs;
ñ. To engage, admit and dismiss technical and administrative staff, in accordance with the regulations ruling its structure;
o. To comply with requests received from any of the political bodies of the Association; and
p. To present an annual report to the Committee on the results of the application of the present Treaty and the legal provisions derived therefrom.
Article 39.
The Secretary-General shall be appointed by the Council.
Article 40.
In the performance of their duties, the head of the technical body, as well as the technical and administrative staff, shall not seed or receive instructions from any Government or national or international organizations. They shall refrain from any attitude not consistent with their character as international officers.
Article 41.
Member countries pledge themselves to respect the international nature of the duties of the Secretary-General and Secretariat staff or of its engaged experts and consultants, and to abstain from influencing them in the performance of their duties.
Article 42.
Auxiliary bodies shall be established for consultation, assessment and technical support. In particular, one body shall be set up composed of officers responsible for the integration policy of member countries.
At the same time, consultative auxiliary bodies shall be set up composed of representatives of the various sectors of economic activity of each one of the member countries.
Article 43.
The Council, the Conference and the Committee shall adopt their decisions by the affirmative vote of two thirds of the member countries.
Decisions on the following matters excepted from this general rule shall be adopted by a two-thirds affirmative vote, provided there is no negative vote:
a. Amendments or additions to the present Treaty;
b. Adoption of decisions corresponding to the higher governing policy of the integration process;
c. Adoption of decisions executing the results of multilateral negotiations to determine and deepen the regional tariff preference;
d. Adoption of decisions leading to give partial scope agreements a multilateral regional level;
e. Acceptance of accession of new member countries;
f. Regulation of the Treaty provisions;
g. Establishment of the percentages of member countries' contributions to the budget of the Association;
h. Adoption of corrective measures arising from the evaluations of the progress achieved within the integration process;
i. Authorization of a term of less than five years regarding obligations, in case of Treaty denouncement;
j. Adoption of guide-lines to be followed by the Association bodies in their tasks; and
k. Establishment of basic rules governing the relations of the Association with other regional associations, international organizations or agencies.
Abstention shall not mean a negative vote. Absence at the time of voting shall be interpreted as abstention.
The Council may eliminate subjects from this list of exceptions by the affirmative vote of two thirds of the member countries, provided there is no negative vote.
Chapter VII. General Provisions
Article 44.
Any advantages, favorable treatments, franchises, immunities and privileges which member countries apply to products originating from or bound to any other member country or non-member country, pursuant to decisions or agreements not foreseen in the present Treaty or the Cartagena Agreement, shall be immediately and unconditionally extended to the other member countries.
Article 45.
Any advantages, favorable treatments, franchises, immunities and privileges already granted or to be granted under agreements between member countries or between these and third countries to facilitate border traffic shall be exclusively applicable to the countries which sign or may have signed them.
Article 46.
As regards taxes, charges and other internal duties, products originating from the territory of a member country shall be entitled within the territory of the other member countries to a treatment not less favourable than that applied to similar national products.
Member countries shall adopt such steps as may be required to comply with the preceding provision, in accordance with their respective National Constitutions.
Article 47.
In the case of products included in the regional tariff preference or in regional or partial scope agreements which are not produced or will not be produced in substantial quantities in its territory, each member country shall endeavor to avoid that taxes or other internal measures applied result in annulment or reduction of any concession or advantage obtained by any member country as a result of the respective negotiations.
If a member country considers itself at a disadvantage by the measures contained in the preceding paragraph, it may resort to the Committee so that the situation raised may be examined and pertinent recommendations issued.
Article 48.
Within the territory of other member countries, capitals originating from member countries shall have the right to a treatment not less favorable than that granted to capitals coming from any other non-member country, notwithstanding the provisions set out in agreements which might be concluded on this matter by member countries under the terms of the present Treaty.
Article 49.
Member countries may establish supplementary rules on trade policy regulating, among other matters, the application of non-tariff restrictions, a system of origin, the adoption of safeguard clauses, export promotion systems and border traffic.
Article 50.
No provision under the present Treaty shall be interpreted as precluding the adoption and observance of measures regarding:
a) Protection of public morality;
b) Implementation of security laws and regulations;
c) Regulation of imports and exports of arms, munitions, and other war materials and, under exceptional circumstances, all other military equipments;
d) Protection of human, animal and plant life and health;
e) Imports and exports of gold and silver in bullion form;
f) Protection of national treasures of artistic, historical or archeological value; and
g) Exportation, use and consumption of nuclear materials, radioactive products or any other
Material used for the development and exploitation of nuclear energy.
Article 51.
Products imported and exported by any member country shall have the right to free transit throughout the territory of the other member countries, and be exclusively subject to payment of charges normally applicable for services rendered.
Chapter VIII. Legal Status, Immunities and Privileges
Article 52.
The Association shall be endowed of complete legal status and specially of the capacity:
a. To contract;
b. To acquire such movable and immovable property indispensable to carry out its objectives and to dispose of it;
c. To file suits; and
d. To keep funds in any currency and effect the necessary transfers.
Article 53.
Representatives and other diplomatic officers of member countries accredited before the Association, as well as international officers and advisers of the Association, shall be endowed of diplomatic immunities and privileges and such other rights necessary for exercising their duties within the territory of member countries.
Member countries hereby pledge themselves to draw up within the shortest possible term an agreement aimed at regulating the contents of the proceeding paragraph, wherein such privileges and immunities shall be defined.
The Association shall draw up an agreement with the Government of the Eastern Republic of Uruguay in order to determine the privileges and immunities to which the Association, its bodies and its international officers and advisers shall be entitled.
Article 54.
The legal status of the Latin American Free Trade Association established by the Montevideo Treaty signed on 18 February 1960 shall continue, in all its effects, within the Latin American Integration Association. Therefore, from the date when the present Treaty enters into force, the rights and obligations of the Latin American Free Trade Association shall correspond to the Latin American Integration Association.
Chapter IX. Final Provisions
Article 55.
The present Treaty may not be signed with reservations, neither may these be received on the occasion of its ratification or accession.
Article 56.
The present Treaty shall be ratified by the signatory countries at the earliest possible term.
Article 57.
The present Treaty shall enter into force thirty days after the deposit of the third instrument of ratification as regards the first three countries to ratify it.
Concerning the other signatories, it shall enter into force on the thirtieth day following the deposit of the respective instrument of ratification and in the order in which such ratifications are deposited.
Instruments of ratification shall be deposited with the Government of the Eastern Republic of Uruguay, which shall report the date of deposit to the Governments of the signatory States of the present Treaty, as well as to those which have adhered thereto.
The Government of the Eastern Republic of Uruguay shall notify the date of enforcement of the present Treaty to the Government of each one of the signatory States.
Article 58.
Upon its entry into force, the present Treaty shall remain open for accession to those Latin American countries which may so request. Acceptance of such accessions shall be adopted by the Council.
The Treaty shall enter into force for the adherent country thirty days after the date of its admission.
Adherent countries shall on that date put in force the commitments resulting from the regional tariff preference as well as the regional scope agreements concluded prior t o the date of their accession.
Article 59.
The present Treaty provisions shall not affect the rights and obligations resulting from agreements signed by any of the signatory countries prior to the date of their enforcement.
Article 60.
The present Treaty provisions shall not affect the rights and obligations resulting from agreements signed by any of the signatory countries in the term between its signature and the date of its ratification. For countries which later become members of the Association, the provisions of this article refer to agreements signed prior to their incorporation.
However, each member country shall take the measures necessary to harmonize the provisions of the agreements in force with the objectives of the present Treaty.
Article 61.
Member countries may introduce amendments or additions to the present Treaty. These shall be executed in protocols to enter into force upon ratification by all member countries and deposit of the respective instruments, subject to other criteria established thereof.
Article 62.
The present Treaty shall have an indefinite duration.
Article 63.
Any member country wishing to with draw from the present Treaty shall report such intention to the other member countries during one of the Committee sessions, formally delivering the denouncement document to the Committee one year after the date of advice referred to above. Once such denouncement has been executed, all rights and obligations corresponding to its condition as a member country shall automatically cease for the denouncing Government.
Notwithstanding the above, rights and obligations resulting from the regional tariff preference shall continue to be effective for a period of five more years, except if, at the time of denouncement, the member countries agree to the contrary. The above term shall start as from the date the denouncement is executed.
With reference to rights and obligations resulting from regional and partial scope agreements, the situation of the denouncing member country shall adjust to the specific rules which may have been established in each agreement. Should these rules not exist, the general provision contained in the previous paragraph of the present article shall apply.
Article 64.
The present Treaty shall be known as the 1980 Montevideo Treaty.
Chapter X. Transitional Provisions
Article 65.
Pending ratification of the present Treaty by all signatory countries, as from the date of its enforcement by ratification of the first three countries, signatory countries which have not yet ratified shall be subject, both as regards their reciprocal relations and their relations with ratifying signatory countries, to the provisions of the legal structure of the Montevideo Treaty dated 18 February 1960, where appropriate, and specially to the resolutions adopted at the Meeting of the Council of Ministers of the Latin American Free Trade Association held on 12 August 1980.