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Colombia - Israel FTA (2013)
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1. This Agreement shall be valid for an indefinite period.

2. Any Party may withdraw from this Agreement by means of a written Diplomatic Note to the other Party. Such withdrawal shall become effective six months after the date of receipt of such notification by the other Party.

Article 15.5. MODIFICATIONS TO THE WTO AGREEMENT

The Parties understand that any provision of the WTO Agreement incorporated into this Agreement, is incorporated with any amendments which have entered into force at the time such provision is applied.

Conclusion

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

Done in Jerusalem, Israel, on ,____________ which corresponds to the _____ day of ______in the year _________ in the Hebrew calendar, in two original copies, each in the Hebrew, Spanish and English languages, all texts being equally authentic. In case of divergence of interpretation or any discrepancies, the English text shall prevail.

For the Government of the Republic of Colombia

For the Government of the State of Israel 

Attachments

Exchange of Letters

S-DM-20-012096

REPUBLIC OF COLOMBIA

MINISTRY OF FOREIGN AFFAIRS

Bogotá, April 27, 2020

Your Excellency:

I have the honor to address Your Excellency with the purpose of referring to the "Free Trade Agreement between the Republic of Colombia and the State of Israel', made in Jerusalem on September 30, 2013 (hereinafter, the "Free Trade Agreement").

In this regard, as the Israeli authorities are aware, the Colombian Constitutional Court in its Decision C-254/19 dated June 6, 2019, by which it declared the Free Trade Agreement constitutional, ordered the President of the Republic that, if in exercise of his constitutional competence to direct international relations he decided to ratify this treaty, he should take the necessary steps to promote the adoption of a joint interpretative declaration with the representative of the State of Israel regarding the conditions indicated in the second to fourth resolutions of the aforementioned decision.

In accordance with the foregoing, the Government of the Republic of Colombia submits for consideration and approval of your Government the following interpretative declaration to the Free Trade Agreement:

"Taking into account Article 31 of the Vienna Convention on the Law of Treaties, done at Vienna on May 23, 1969, and in connection with the conclusion of the Free Trade Agreement between the Republic of Colombia and the State of Israel, done at Jerusalem on September 30, 2013, /the Parties have reached the following joint understanding vis-à-vis Chapter 10 of the Agreement:

1. Protection of Investments

The Republic of Colombia reserves the right not to deny its own investors treatment no less favorable than that provided to investors and covered investments of other nationalities.

2. Most-Favored-Nation Treatment

In connection with Article 10.5 and without prejudice to Article 10.5.3:

Substantive provisions contained in other international investment treaties and other trade agreements that are not accompanied by measures that are adopted or maintained by a Party pursuant to those provisions shall not in themselves constitute "treatment" and thus shall not give rise to a breach of this Article.

3. Reasonable Expectations

In relation to Article 10. 7.3(b):

For greater certainty, determining whether an investor's investment-based expectation is reasonable will depend, to the extent relevant, on factors such as whether the Government provided the investor with binding, written assurances and the nature and extent of government regulation or potential government regulation in the respective sector."

In this regard, I would be grateful to Your Excellency to confirm whether the terms of the above proposed interpretative statement are acceptable to your Government.

I take this opportunity to renew to Your Excellency the assurances of my highest and distinguished consideration.

His Excellency Mr. ISRAEL KATZ

Minister of Foreign Affairs of the State of Israel

Jerusalem

MINISTER OF FOREIGN AFFAIRS

Jerusalem, May 25, 2020

Your Excellency,

I have the honor to address your Excellency, in order to refer to your note no. S-DM-20-012096, dated to April 27, 2020, regarding the Interpretative Declaration to the Free Trade Agreement between the State of Israel, and the Republic of Colombia, done in Jerusalem, on September 30th, 2013.

In this regard, I confirm that the terms of the Declaration are acceptable to the Govemment of the State of Israel.

I avail myself of this opportunity to renew to your Excellency the assurances of my highest consideration.

Gabi Ashkenazi

Minister of Foreign Affairs

Previous page Page 11
  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Section   A INITIAL PROVISIONS 1
  • Article   1.1 ESTABLISHMENT OF a FREE TRADE AREA 1
  • Article   1.2 RELATION TO OTHER AGREEMENTS 1
  • Article   1.3 OBJECTIVES OF THE AGREEMENT 1
  • Article   1.4 EXTENT OF OBLIGATIONS 1
  • Section   B GENERAL DEFINITIONS 1
  • Article   1.5 GENERAL DEFINITIONS 1
  • Chapter   2 MARKET ACCESS FOR GOODS 1
  • Section   A COMMON PROVISIONS 1
  • Article   2.1 SCOPE OF APPLICATION 1
  • Article   2 CLASSIFICATION AND VALUATION OF GOODS 1
  • Article   2.3 NATIONAL TREATMENT 1
  • Article   2.4 RESTRICTIONS TO SAFEGUARD THE BALANCE OF PAYMENTS 1
  • Article   2.5 TEMPORARY ADMISSION OF GOODS 1
  • Article   2.6 GOODS RE-ENTERED AFTER REPAIR OR ALTERATION 1
  • Article   2.7 DUTY-FREE ENTRY OF COMMERCIAL SAMPLES OF NEGLIGIBLE VALUE AND PRINTED ADVERTISING MATERIALS 1
  • Article   2.8 FEES AND OTHER CHARGES 1
  • Article   2.9 IMPORT LICENSING PROCEDURES 1
  • Article   2.10 RULES OF ORIGIN AND COOPERATION BETWEEN THE CUSTOMS ADMINISTRATIONS 1
  • Article   2.11 CUSTOMS DUTIES ON EXPORTS 1
  • Article   2 IMPORT AND EXPORT RESTRICTIONS 1
  • Article   2 SUBCOMMITTEE ON MARKET ACCESS 1
  • Section   B INDUSTRIAL GOODS 2
  • Article   2 ELIMINATION OF CUSTOMS DUTIES 2
  • Section   C AGRICULTURAL GOODS 2
  • Article   2.15 SCOPE 2
  • Article   2.16 PREFERENTIAL TREATMENT FOR AGRICULTURAL GOODS 2
  • Article   2.17 ADMINISTRATION AND IMPLEMENTATION OF TARIFF-RATE QUOTAS 2
  • Article   2.18 PRICE BAND SYSTEM 2
  • Article   2 EXPORT SUBSIDIES AND OTHER EQUIVALENT EFFECT MEASURES 2
  • Chapter   3 RULES OF ORIGIN 2
  • Article   3.1 DEFINITIONS 2
  • Article   3.2 GENERAL REQUIREMENTS 2
  • Article   3.3 ACCUMULATION OF ORIGIN 2
  • Article   3.4 WHOLLY OBTAINED PRODUCTS 2
  • Article   3.5 SUFFICIENTLY WORKED OR PROCESSED PRODUCTS 2
  • Article   3.6 MINOR PROCESSING OPERATIONS 2
  • Article   3.7 UNIT OF QUALIFICATION 2
  • Article   3.8 ACCOUNTING SEGREGATION 2
  • Article   3.9 ACCESSORIES, SPARE PARTS AND TOOLS 2
  • Article   3.10 SETS 2
  • Article   3.11 NEUTRAL ELEMENTS 2
  • Article   3.12 PRINCIPLE OF TERRITORIALITY 2
  • Article   3.13 DIRECT TRANSPORT 2
  • Article   3.14 EXHIBITIONS 2
  • Article   3.15 GENERAL REQUIREMENTS FOR PROOF OF ORIGIN 3
  • Article   3.16 PROCEDURES FOR THE ISSUANCE OF CERTIFICATES OF ORIGIN 3
  • Article   3.17 CERTIFICATES OF ORIGIN ISSUED RETROSPECTIVELY 3
  • Article   3.18 DUPLICATE CERTIFICATES OF ORIGIN 3
  • Article   3.19 CONDITIONS FOR MAKING OUT AN INVOICE DECLARATION 3
  • Article   3.20 VALIDITY OF PROOFS OF ORIGIN 3
  • Article   3.21 SUBMISSION OF PROOFS OF ORIGIN 3
  • Article   3.22 IMPORTATION BY INSTALLMENTS 3
  • Article   3.23 EXEMPTIONS FROM PROOFS OF ORIGIN 3
  • Article   3.24 SUPPORTING DOCUMENTS 3
  • Article   3.25 PRESERVATION OF PROOFS OF ORIGIN AND SUPPORTING DOCUMENTS 3
  • Article   3.26 DISCREPANCIES AND FORMAL ERRORS 3
  • Article   3.27 MUTUAL ASSISTANCE 3
  • Article   3.28 VERIFICATION OF PROOFS OF ORIGIN 3
  • Article   3.29 DISPUTE SETTLEMENT 3
  • Article   3.30 FREE ECONOMIC ZONES 3
  • Chapter   4 CUSTOMS PROCEDURES 3
  • Article   4.1 CUSTOMS COOPERATION 3
  • Article   4.2 TRADE FACILITATION 3
  • Article   4.3 RELEASE OF GOODS 3
  • Article   4.4 RISK MANAGEMENT 3
  • Article   4.5 TRANSPARENCY 3
  • Article   4.6 PAPERLESS CUSTOMS PROCEDURES 3
  • Article   4.7 ADVANCE RULINGS 3
  • Article   4.8 UNIFORM PROCEDURES 3
  • Article   4.9 AUTHORIZED ECONOMIC OPERATORS 3
  • Article   4.10 REVIEW AND APPEAL 3
  • Article   4.11 CONFIDENTIALITY 3
  • Article   4.12 SUBCOMMITTEE ON CUSTOMS, TRADE FACILITATION AND RULES OF ORIGIN 3
  • Chapter   5 TECHNICAL ASSISTANCE AND TRADE CAPACITY BUILDING 3
  • Article   5.1 OBJECTIVES 3
  • Article   5.2 SCOPE AND MEANS 4
  • Article   5.3 CONTACT POINTS FOR THE IMPLEMENTATION 4
  • Article   5.4 ADDITIONAL BILATERAL INSTRUMENTS 4
  • Chapter   6 SANITARY AND PHYTOSANITARY MEASURES 4
  • Article   6.1 OBJECTIVES 4
  • Article   6.2 GENERAL PROVISIONS 4
  • Article   6.3 TRANSPARENCY 4
  • Article   6.4 RISK ASSESSMENT 4
  • Article   6.5 ADAPTATION TO THE REGIONAL CONDITIONS 4
  • Article   6.6 INSPECTION AND APPROVAL PROCEDURES 4
  • Article   6.7 COMPETENT AUTHORITIES 4
  • Article   6.8 SUBCOMMITTEE ON SANITARY AND PHYTOSANITARY MATTERS 4
  • Article   6.9 CONTACT POINTS 4
  • Chapter   7 TECHNICAL BARRIERS TO TRADE 4
  • Article   7.1 OBJECTIVES 4
  • Article   7.2 GENERAL PROVISIONS 4
  • Article   7.3 DEFINITIONS 4
  • Article   7.4 SCOPE OF APPLICATION 4
  • Article   7.5 COOPERATION AND TRADE FACILITATION 4
  • Article   7.6 INTERNATIONAL STANDARDS 4
  • Article   7.7 TECHNICAL REGULATIONS 4
  • Article   7.8 CONFORMITY ASSESSMENT AND ACCREDITATION 4
  • Article   7.9 TRANSPARENCY 4
  • Article   7.10 INFORMATION EXCHANGE 4
  • Article   7.11 SUBCOMMITTEE ON TECHNICAL BARRIERS TO TRADE 5
  • Article   7 BORDER CONTROL AND MARKET SURVEILLANCE 5
  • Chapter   8 TRADE REMEDIES 5
  • Section   A BILATERAL SAFEGUARD MEASURES 5
  • Article   8.1 DEFINITIONS 5
  • Article   8.2 APPLICATION OF a BILATERAL SAFEGUARD MEASURE 5
  • Article   8.3 LIMITATIONS FOR APPLYING a BILATERAL SAFEGUARD MEASURE 5
  • Article   8.4 INVESTIGATION PROCEDURES 5
  • Article   8.5 PROVISIONAL BILATERAL SAFEGUARD MEASURES 5
  • Article   8.6 NOTIFICATIONS AND CONSULTATIONS 5
  • Section   B GLOBAL SAFEGUARD MEASURES 5
  • Article   8.7 IMPOSITION OF GLOBAL SAFEGUARD MEASURES 5
  • Section   C ANTIDUMPING AND COUNTERVAILING MEASURES 5
  • Article   8.8 ANTIDUMPING AND COUNTERVAILING MEASURES 5
  • Chapter   9 GOVERNMENT PROCUREMENT 5
  • Article   9. DEFINITIONS 5
  • Article   9.2 SCOPE 5
  • Article   9.3 SECURITY AND GENERAL EXCEPTIONS 5
  • Article   9.4 GENERAL PRINCIPLES 5
  • Article   9.5 INFORMATION ON THE PROCUREMENT SYSTEM 6
  • Article   9.6 PUBLICATION OF NOTICES 6
  • Article   9.7 CONDITIONS FOR PARTICIPATION 6
  • Article   9.8 REGISTRATION AND QUALIFICATION OF SUPPLIERS 6
  • Article   9.9 TIME LIMITS 6
  • Article   9.10 INFORMATION ON INTENDED PROCUREMENTS 6
  • Article   9.11 NEGOTIATION 6
  • Article   9.12 LIMITED TENDERING 6
  • Article   9.13 ELECTRONIC AUCTIONS 7
  • Article   9 TREATMENT OF TENDERS AND AWARDING OF CONTRACTS 7
  • Article   9 DISCLOSURE OF INFORMATION 7
  • Article   9.16 POST-AWARD INFORMATION 7
  • Article   9.17 DOMESTIC REVIEW PROCEDURES 7
  • Article   9.18 RECTIFICATIONS AND MODIFICATIONS TO COVERAGE 7
  • Article   9.19 SMALL AND MEDIUM ENTERPRISES'™ PARTICIPATION 7
  • Article   9.20 COOPERATION 7
  • Article   9.21 SUBCOMMITTEE ON GOVERNMENT PROCUREMENT 7
  • Article   9.22 FURTHER NEGOTIATIONS 7
  • Chapter   10 Investment 7
  • Article   10.1 DEFINITIONS 7
  • Article   10.2 SCOPE OF APPLICATION 7
  • Article   10.3 PROMOTION AND PROTECTION OF INVESTMENTS 7
  • Article   10.4 NATIONAL TREATMENT 7
  • Article   10.5 MOST-FAVORED-NATION 7
  • Article   10.6 FREE TRANSFERS 7
  • Article   10.7 EXPROPRIATION 8
  • Article   10.8 COMPENSATION FOR LOSSES 8
  • Article   10.9 SUBROGATION 8
  • Article   10.10 NON DEROGATION 8
  • Article   10.11 EXCEPTIONS 8
  • Article   10.12 SETTLEMENT OF DISPUTES BETWEEN a PARTY AND AN INVESTOR OF THE OTHER PARTY 8
  • Article   10.13 INSURANCE AND GUARANTEE 8
  • Article   10.14 INVESTMENT AND ENVIRONMENT 8
  • Article   10.15 RELATION TO OTHER CHAPTERS 8
  • Article   10.16 DURATION AND TERMINATION 8
  • ANNEX 10-A  PRESENTATION OF DOCUMENTS TO A PARTY 8
  • Chapter   11 TRADE IN SERVICES 8
  • Article   11.1 SCOPE AND COVERAGE 8
  • Article   11.2 DEFINITIONS 8
  • Article   11.3 MOST-FAVORED-NATION TREATMENT 8
  • Article   11.4 MARKET ACCESS 9
  • Article   11.5 NATIONAL TREATMENT 9
  • Article   11.6 ADDITIONAL COMMITMENTS 9
  • Article   11.7 DOMESTIC REGULATION 9
  • Article   11.8 RECOGNITION 9
  • Article   11.9 MOVEMENT OF NATURAL PERSONS 9
  • Article   11.10 TRANSPARENCY 9
  • Article   11.11 MONOPOLIES AND EXCLUSIVE SERVICE SUPPLIERS 9
  • Article   11.12 BUSINESS PRACTICES 9
  • Article   11.13 PAYMENTS AND TRANSFERS 9
  • Article   11.14 RESTRICTIONS TO SAFEGUARD THE BALANCE-OF-PAYMENTS 9
  • Article   11.15 SCHEDULES OF SPECIFIC COMMITMENTS 9
  • Article   11.16 REVIEW 9
  • Article   11.17 ANNEXES 9
  • Chapter   12 DISPUTE SETTLEMENT 9
  • Article   12.1 OBJECTIVE 9
  • Article   12.2 SCOPE AND COVERAGE 9
  • Article   12.3 MUTUALLY AGREED SOLUTION 9
  • Article   12.4 CONSULTATIONS 9
  • Article   12.5 CONCILIATION 9
  • Article   12.6 MEDIATION 9
  • Article   12.7 CHOICE OF FORUM 9
  • Article   12.8 ROSTERS OF ARBITRATORS 9
  • Article   12.9 QUALIFICATION OF ARBITRATORS 9
  • Article   12.10 REQUEST FOR THE ESTABLISHMENT OF AN ARBITRAL TRIBUNAL 9
  • Article   12.11 COMPOSITION OF THE ARBITRAL TRIBUNAL 9
  • Article   12.12 FUNCTION OF ARBITRAL TRIBUNALS 9
  • Article   12.13 PROCEEDINGS OF ARBITRAL TRIBUNALS 9
  • Article   12.14 SUSPENSION AND TERMINATION OF PROCEEDINGS 10
  • Article   12.15 IMPLEMENTATION OF THE AWARD AND COMPENSATION 10
  • Article   12.16 NON-IMPLEMENTATION AND SUSPENSION OF BENEFITS 10
  • Article   12.17 REVIEW OF COMPLIANCE AND REVIEW OF SUSPENSION OF BENEFITS 10
  • Article   12.18 TIME FRAMES 10
  • Article   12.19 REMUNERATION AND EXPENSES 10
  • Article   12.20 REQUEST FOR CLARIFICATION OF AN AWARD 10
  • Chapter   13 INSTITUTIONAL PROVISIONS 10
  • Article   13.1 ESTABLISHMENT OF THE JOINT COMMITTEE 10
  • Article   13.2 PROCEDURES OF THE JOINT COMMITTEE 10
  • Article   13.3 FUNCTIONS OF THE JOINT COMMITTEE 10
  • Article   13.4 ESTABLISHMENT OF SUBCOMMITTEES, WORKING GROUPS AND SPECIALIZED BODIES: 10
  • Article   13.5 FREE TRADE AGREEMENT COORDINATORS 10
  • Chapter   14 EXCEPTIONS 10
  • Article   14 GENERAL EXCEPTIONS 10
  • Article   14.2 SECURITY EXCEPTIONS 10
  • Article   14.3 TAXATION 10
  • Article   14.4 LIMITATIONS ON IMPORTS 10
  • Article   14.5 DISCLOSURE OF INFORMATION 10
  • Chapter   15 FINAL PROVISIONS 10
  • Article   15.1 ANNEXES 10
  • Article   15.2 AMENDMENTS 10
  • Article   15.3 ENTRY INTO FORCE 10
  • Article   15.4 DURATION AND WITHDRAWAL 11
  • Article   15.5 MODIFICATIONS TO THE WTO AGREEMENT 11
  • Exchange of Letters 11
    • Name
    Colombia - Israel FTA (2013)
    PDF Link
    Colombia - Israel FTA (2013)
    Signed date
    30 / Sep / 2013
    Date into force
    11 / Aug / 2020
    Treaty type
    Other International Investment Agreements
    Origin language
    en,es
    Party ISO codes
    COL,ISR
    PDF
    PDF
    Original PDF
    Original PDF