(e) the ability of the Arbitral Tribunal to seek information, technical advice and expert opinions; and
(f) the protection of confidential information.
2. An Arbitral Tribunal shall adopt its decisions by consensus. In the event that, an Arbitral Tribunal is unable to reach consensus, it shall adopt its decisions by majority vote.
3. The venue for the proceedings of the Arbitral Tribunal shall be decided by mutual agreement between the Parties. If the Parties are unable to reach an agreement, the venue shall be Bogota D.C. if the complaining Party is Israel and Jerusalem if the complaining Party is Colombia.
4. There shall be no ex parte communications with the Arbitral Tribunal concerning matters under its consideration.
5. The award of the Arbitral Tribunal shall be set out in a written report issued to the Parties. The award shall include the findings and reasoning thereof, recommendations and/or rulings, as the case may be, and shall exclude payment of monetary compensation.
6. The Arbitral Tribunal shall allow the Parties 14 days to review the draft of the original award prior to its finalization and shall include a discussion of any comments by the Parties in its original award.
7. The Arbitral Tribunal shall issue to the Parties its original award on the dispute referred to it within 90 days after its establishment. When the Arbitral Tribunal considers that it cannot issue its original award within 90 days, it shall inform the Parties in writing of the reasons for the delay and shall indicate the estimated period of time within which it will issue its award. Under no circumstances shall the award be issued later than 120 days after the date of establishment of the Arbitral Tribunal.
8. In cases of urgency, including those involving perishable or seasonal goods, the Arbitral Tribunal shall make every effort to issue its original award within 45 days from the date of its establishment. Under no circumstances shall the award be issued later than 75 days after the establishment of the Arbitral Tribunal. The Arbitral Tribunal shall give a preliminary ruling within 10 days of its establishment, on whether it deems the case to be urgent.
9. The award shall be final and binding on the Parties.
10. Unless otherwise agreed by the Parties, the award of the Arbitral Tribunal may be made publically available within 10 days after it is issued to the Parties, subject to the protection of confidential information.
Article 12.14. SUSPENSION AND TERMINATION OF PROCEEDINGS
1. Where the Parties agree, the Arbitral Tribunal may suspend its work at any time for a period not exceeding 12 months from the date of such agreement. If the work of the Arbitral Tribunal has been suspended for more than 12 months, the authority for establishment of the tribunal shall lapse unless the Parties agree otherwise.
2. The Parties may agree to terminate the proceedings of an Arbitral Tribunal established under this Chapter, in the event that a mutually satisfactory solution to the dispute has been found.
3. Suspension or termination of the proceedings shall not prejudice the right of the Parties to request the establishment of an Arbitral Tribunal on the same measure at a later time.
4, Before the Arbitral Tribunal issues its award, it may at any stage of the proceedings propose to the Parties that the dispute be settled amicably.
Article 12.15. IMPLEMENTATION OF THE AWARD AND COMPENSATION
1. The Party complained against shall take all necessary measures to comply with the award of the Arbitral Tribunal without undue delay.
2. Within 30 days from the issuance of the award, the Party complained against shall notify the complaining Party of the following:
(a) the measures it intends to implement in order to comply with the award; and
(b) the period of time required to comply with the award.
3. In case of disagreements between the Parties on the proposed period of time for compliance pursuant to paragraph 2(b), the complaining Party may request the original Arbitral Tribunal, which issued the original award (hereinafter referred to as "original Arbitral Tribunal"), to establish the reasonable time period to comply with the award. The Arbitral Tribunal shall issue its award within 40 days from the submission of the request.
4, In case the original Arbitral Tribunal, or any of its members, is not available, the procedures established in Article 12.10 shall apply. The award shall be issued within 45 days from the date of establishment of the new Arbitral Tribunal.
5. In arbitral proceedings pursuant to paragraphs 3 or 4 of this Article, a guideline for the Arbitral Tribunal should be that the reasonable period of time to implement the award should not exceed 15 months from the date on which the award was issued.
6. Before the end of the period of time for compliance with the award, the Party complained against shall notify the other Party of the implementing measures that it has adopted in order to comply with the award.
7. If the Party complained against considers it impracticable to comply with the award, it may notify the complaining Party thereof, within 30 days from the issuance of the award, and offer compensation. Such compensation agreed upon by the Parties, shall be temporary and shall be provided until the Party complained against complies with the award.
8. If no agreement on compensation is reached within 15 days after such an offer is notified, the Party complained against shall comply with the award.
Article 12.16. NON-IMPLEMENTATION AND SUSPENSION OF BENEFITS
1. If the Party complained against:
(a) fails to comply with an award within the period of time for compliance pursuant to Article 12.15; or
(b) fails to comply with an agreement on compensation pursuant to Article 12.15.7; or
(c) fails to comply with a decision pursuant to Article 12.17.1(a) and Article 12.17.2;
the complaining Party shall be entitled to suspend benefits under this Agreement equivalent to those affected by the measure the Arbitral Tribunal has found to violate this Agreement, subject to the following paragraphs.
2. The suspension of benefits shall not be applied during the course of the proceedings initiated pursuant to Article 12.17. 1(a).
3. The complaining Party shall notify the Party complained against and the Joint Committee of the benefits which it intends to suspend, the grounds for such suspension and the date on which the suspension will take effect, no later than 45 days before such date.
4. In considering which benefits to suspend under paragraph 1, the complaining Party should first seek to suspend the application of benefits in the same sector or sectors as those affected by the measure or other matter that the Arbitral Tribunal has found to be inconsistent with this Agreement or to have caused nullification or impairment. In case the complaining Party considers that it is impracticable or ineffective to suspend benefits in the same sector or sectors, it may suspend benefits in other sectors.
5. The suspension of benefits shall be temporary and be applied by the complaining Party, only:
(a) until the measure found to violate this Agreement has been withdrawn or amended so as to comply with the original award and with the provisions of this Agreement; or
(b) until an Arbitral Tribunal decides that the compliance measure is compatible with the award and with the provisions of this Agreement; or
(c) until the Parties have otherwise settled the dispute.
In these cases the suspension of benefits shall be terminated in accordance with the procedures set forth in paragraph 6.
6. To terminate a suspension of benefits, the Party complained against shall notify the complaining Party of any measure adopted to comply with the original award and the provisions of this Agreement or of its compliance with the agreement on compensation. Such notification shall be accompanied by a request to terminate the suspension of benefits.
(a) In the event of disagreement between the Parties with respect to the existence or conformity of the notified measure with this Agreement and the original award or in the event of a disagreement as to the compliance with the agreement on compensation, within 60 days from the date of the notification, either Party may refer the matter under Article 12.17.1(a) to the original Arbitral Tribunal to determine consistency of such measure with this Agreement and the original award or to determine compliance with the agreement on compensation. If pursuant to Article 12.17.1(a), the Arbitral Tribunal determines that the notified measure is consistent with the Agreement and the original award or determines there has been compliance with the agreement on compensation, the suspension of benefits shall be terminated.
(b) In the event there is no disagreement between the Parties as to the conformity of the notified measure with this Agreement and the original award or as to the compliance with the agreement on compensation, the suspension of benefits shall be terminated within 30 days from the date of such notification.
(c) In the case that the Parties have settled a dispute, the suspension of benefits shall be terminated on the date agreed to by the Parties.
Article 12.17. REVIEW OF COMPLIANCE AND REVIEW OF SUSPENSION OF BENEFITS
1. In case of disagreement between the Parties with respect to:
(a) the existence or conformity with the provisions of this Agreement and the original award of measures taken by the Party complained against to comply with this Agreement and the original award or with respect to compliance with the agreement on compensation; and/or
(b) whether the level of benefits that the complaining Party has proposed to suspend or has suspended pursuant to Article 12.16 is manifestly excessive,
either Party may refer the matter to the original Arbitral Tribunal.
2. An Arbitral Tribunal under paragraph 1 shall issue its award within 30 days after the matter has been referred to it where the request concerns either paragraph 1(a) or 1(b) only, and within 50 days, where the request concerns both paragraphs.
3. In case the original Arbitration Tribunal, or any of its members, is not available, the procedures established in Article 12.10 shall apply. The award shall be issued within the period provided for in paragraph 2, from the date of establishment of the new Arbitral Tribunal.
Article 12.18. TIME FRAMES
All time frames stipulated in this Chapter may be reduced, waived or extended by mutual agreement of the Parties
Article 12.19. REMUNERATION AND EXPENSES
The remuneration and expenses of the Arbitral Tribunal shall be borne in equal parts by the Parties in accordance with Annex 12-A. All other expenses not specified in Annex 12-A shall be borne by the Party incurring those expenses.
Article 12.20. REQUEST FOR CLARIFICATION OF AN AWARD
1. Within 10 days after the issuance of an award, a Party may submit a written request to the Arbitral Tribunal for clarification of any determinations or recommendations in the award that the Party considers ambiguous. The Arbitral Tribunal shall respond to the request within 10 days after the presentation of such request.
2. The submission of a request pursuant to paragraph 1 shall not affect the time periods referred to in Article 12.15 and Article 12.16 unless the Arbitral Tribunal decides otherwise.
Chapter 13. INSTITUTIONAL PROVISIONS
Article 13.1. ESTABLISHMENT OF THE JOINT COMMITTEE
1. The Parties hereby establish the Joint Committee, comprising representatives of both Parties. The principal representative of each Party shall be the cabinet-level officer or Minister primarily responsible for international trade, or a person designated by the cabinet- level officer or Minister.
2. The Joint Committee shall be co-chaired by a representative of the Ministry of Trade, Industry and Tourism ("Ministerio de Comercio, Industria y Turismo") on the Colombian side, and by a representative of the Ministry of Economy on the Israeli side, or their successors.
Article 13.2. PROCEDURES OF THE JOINT COMMITTEE
1. The Joint Committee shall meet once every two years. In addition, special meetings shall be convened upon a written request of either Party.
2. The Joint Committee shall meet alternately in Bogotd and Jerusalem, unless the Parties agree otherwise.
3. All decisions of the Joint Committee shall be taken by mutual agreement.
4, The Joint Committee shall adopt its own rules of procedure, as well as its meeting schedule and the agenda for its meetings.
Article 13.3. FUNCTIONS OF THE JOINT COMMITTEE
1. The Joint Committee shall be responsible for the administration of this Agreement and shall ensure its proper implementation.
2. The Joint Committee shall: (a) supervise and facilitate the operation of this Agreement and the correct application of its provisions, and consider other ways to attain its general objectives;
(b) evaluate the results obtained from the application of this Agreement, in particular the evolution of trade and economic relations between the Parties;
(c) supervise the work of all Subcommittees, working groups and specialized bodies, established under this Agreement and recommend any necessary action;
(d) evaluate and adopt decisions as envisaged in this Agreement regarding any subject matter which is referred to it by any Subcommittee, working group and specialized body established under this Agreement;
(e) supervise the further development of this Agreement;
(f) keep under review the possibility of further removal of obstacles to trade between the Parties;
(g) without prejudice to Chapter 12 (Dispute Settlement) and other provisions of this Agreement, explore the most appropriate way to prevent or solve any difficulty that may arise in relation to issues covered by this Agreement; and
(h) consider any other matters of interest relating to this Agreement.
The Joint Committee may:
(a) agree to the initiation of negotiations, with the aim of deepening the liberalisation already achieved in sectors covered by this Agreement;
(b) recommend to the Parties to adopt any amendment or modification to the provisions of this Agreement. Any such amendment or modification shall enter into force in accordance with the procedure set forth in Article 15.3 (Final Provisions);
(c) modify by a Joint Committee decision:
(i) the Schedules to Annex 2-B (Preferential Treatment for Agricultural Goods), with the purposes of adding one or more goods excluded in the Schedule of a Party;
(ii) the phase-out periods established in the Tariff Elimination Schedules, with the purposes of accelerating the tariff reduction;
(iii) the specific rules of origin established in Annex 3-A (Product Specific Rules of Origin), Certificate of Origin contained in Annex 3-B (Certificate of Origin), Procedures for the Issuance of Electronic Certificates of Origin in Annex 3-D (Procedures For The Issuance of Electronic Certificates of Origin), Invoice Declaration contained in Annex 3-C (Invoice Declaration), Procedures for the Issuance of Paper Certificates of Origin in Annex 3-E (Procedures For The Issuance of Paper Certificates of Origin), Exemptions to Article 3.12 in Annex 3-F (Exemption to the Principle of Territoriality);
(iv) the procuring entities listed in Annex 9-A (List of Commitments); and
(v) the Rules of Procedure for Arbitral Tribunal Proceedings established in Annex 12-A and the Code of Conduct established in Annex12-B.
Each Party shall implement, subject to the completion of its applicable internal legal procedures and upon notification of such, any modification referred to in this subparagraph, within such period as the Parties may agree;
(d) adopt interpretations of the provisions of this Agreement. Such interpretations shall be taken into consideration by an Arbitral Tribunal established under Chapter 12 (Dispute Settlement). However, interpretations adopted by the Joint Committee shall not constitute an amendment or modification to the provisions of this Agreement; and
(e) take such other action in the exercise of its functions as the Parties may agree. 4. For the purposes of this Article, the Parties shall exchange information and at the request of either Party, shall hold consultations within the Joint Committee.
Article 13.4. ESTABLISHMENT OF SUBCOMMITTEES, WORKING GROUPS AND SPECIALIZED BODIES:
1. The Parties hereby establish the following Subcommittees:
(a) Subcommittee on Market Access;
(b) Subcommittee on Technical Barriers to Trade;
(c) Subcommittee on Customs, Trade Facilitation and Rules of Origin;
(d) Subcommittee on Government Procurement;
(e) Subcommittee on Sanitary and Phytosanitary Matters;
and working groups and specialized bodies as referred to in this Agreement.
2. Any Subcommittee, working group or specialized body, established under this Agreement shall comprise representatives from the State of Israel and the Republic of Colombia.
3. The respective scope of competence and duties of the Subcommittees provided for in this Agreement are defined in the relevant provisions of each Chapter.
4. The Joint Committee may establish other Subcommittees, working groups, or any other specialised bodies and delegate responsibilities to them in order to assist it in the performance of its tasks. For that purpose, the Joint Committee shall determine the composition, duties and rules of procedure of such Subcommittees, working groups or specialised bodies.
5. The Subcommittees, working groups and specialised bodies shall inform the Joint Committee, sufficiently in advance, of their schedule of meetings and of the agenda of those meetings. The Subcommittees, working groups and specialized bodies, shall submit summaries of their meetings to the Joint Committee.
Article 13.5. FREE TRADE AGREEMENT COORDINATORS
1. Each Party shall appoint a free trade agreement coordinator.
2. The coordinators shall:
(a) work jointly to develop agendas;
(b) make other preparations for the Joint Committee meetings;
(c) follow-up on the Joint Committee's decisions as appropriate;
(d) act as contact points to facilitate communication between the Parties on any matter covered by this Agreement, unless otherwise provided for in this Agreement;
(e) receive any notifications and information submitted under this Agreement, unless otherwise provided for in this Agreement; and
(f) assist the Joint Committee in any other matter referred to them by the Joint Committee.
3. The coordinators of this Agreement may meet as necessary.
Chapter 14. EXCEPTIONS
Article 14. GENERAL EXCEPTIONS
1. For purposes of this Agreement Article XX of GATT 1994 and its Interpretative Notes are incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal, or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources.
2. Notwithstanding paragraph 1, for purposes of Chapters 10 (Investment) and 11 (Trade in Services), Article XIV of GATS is incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XTV(b) of GATS include environmental measures necessary to protect human, animal, or plant life or health. The Parties understand that the measures referred to in Article XIV(a) of GATS include measures aimed at maintaining internal public order.
Article 14.2. SECURITY EXCEPTIONS
Nothing in this Agreement, including measures affecting re-exports to non-Parties or re- imports from non-Parties, shall be construed:
(a) to require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or
(b) to preclude a Party from applying measures that it considers necessary for the fulfillment of its obligations under the United Nations Charter with respect to the maintenance or restoration of international peace or security, or for the protection of its own essential security interests, or in order to carry out obligations it has accepted for the purpose of maintaining international security.
Article 14.3. TAXATION
1. Except as set out in this Article, nothing in this Agreement shall apply to taxation measures.
2. Notwithstanding paragraph 1:
(a) Article 2.3 (National Treatment) shall apply to taxation measures to the same extent as does Article II of the GATT 1994 and its Interpretative Notes; and
(b) Article 2.11 (Customs Duties on Exports) shall apply to taxation measures.
3. Nothing in this Agreement shall be construed to prevent a Party from adopting or enforcing any measure which:
(a) aims at ensuring the effective and equitable imposition and collection of direct taxes;
(b) distinguishes in the application of the relevant provisions of domestic fiscal legislation, including those aimed at ensuring the imposition and collection of duties, between tax payers who are not in the same situation, in particular with regard to their place of residence or with regard to the place where their capital is invested; or
(c) aims at preventing the avoidance or evasion of taxes pursuant to tax conventions, tax provisions of other agreements, or domestic fiscal legislation.
4, Nothing in this Agreement shall affect the rights and obligations of either Party under any tax convention. In the event of any inconsistency between this Agreement and any tax convention, the convention shall prevail to the extent of the inconsistency.
5. For the purpose of this Article:
tax convention means conventions, agreements or arrangements relating wholly or mainly to taxation, including the avoidance of double taxation; and
taxes and taxation measures do not include:
(a) a customs duty as defined in Article 1.5 (General Definitions); and
(b) the measures listed in exceptions (b) and (c) of the definition of customs duty
in Article 1.5 (General Definitions).
Article 14.4. LIMITATIONS ON IMPORTS
The limitation on the importation of non-kosher meat to Israel shall not be considered as a measure in violation of this Agreement.
Article 14.5. DISCLOSURE OF INFORMATION
Nothing in this Agreement shall be construed to require a Party to furnish or allow access to confidential information the disclosure of which would impede law enforcement, or otherwise be contrary to public interest, or which would prejudice the legitimate commercial interests of individuals or of particular enterprises, public or private, including any service supplier as defined in Article 11.2 (Definitions).
Chapter 15. FINAL PROVISIONS
Article 15.1. ANNEXES
The Annexes to this Agreement and to its Chapters constitute an integral part of this Agreement.
Article 15.2. AMENDMENTS
1. The Parties may agree upon any amendments to this Agreement.
2. Amendments to this Agreement shall enter into force and constitute an integral part of this Agreement in accordance with the procedures set forth in Article 15.3.
Article 15.3. ENTRY INTO FORCE
1. This Agreement shall enter into force 60 days following the date of the latter Diplomatic Note by which the Parties notify each other that their internal legal procedures for the entry into force of the Agreement have been completed.
2. Without prejudice to paragraph 1, this Agreement may be provisionally applied. For such purpose, Israel may notify Colombia that it has completed its internal legal procedures for the entry into force of the Agreement and propose its provisional application. Colombia may also propose provisional application of the Agreement once Israel has completed its internal legal procedures. The Party that receives the proposal shall respond within 30 days. In case the proposal for provisional application is accepted, the Agreement shall be provisionally applied 60 days following the date of the acceptance notice. The proposal and acceptance notices will be made by Diplomatic Notes. The period of the provisional application shall terminate on the date this Agreement enters into force in accordance with paragraph 1.