3. TRANSPORT 

3.5 Multimodal Transport

B. Bilateral Sectoral Agreements

 

1. Convenio entre Colombia y el Ecuador sobre Tránsito de Personas, Vehículos, Embarcaciones Fluviales y Marítimas y Aeronaves (Agreement between Colombia and Ecuador on the Traffic of Persons, Vehicles, River and Maritime Vessels, and Aircrafts)

DATE: April 18, 1990

MEMBERS: Colombia and Ecuador.

Summary of Provisions

Definitions (Chapter 1, Article 1): For the purposes of this Agreement, the following definitions are adopted: 

• CENAF (Centros Nacionales de Atención en Frontera): The National Centers of Attention in Borders are the group of offices and installations where inspections, checking, steps or dispatches - which indispensable for the exit of a country and entrance in another - take place; 
• Binational Traffic: traffic that takes place by land, water or air, from any point of the territory of a Party to any other point of another Party, except for the border integration zones, which are regulated by special provisions; 
• Regular Transport of Passengers: takes place by bus with route, destination and schedule that are pre-established by the competent national authorities; 
• Border Traffic: takes place form any point in the border integration zone of a Party to other point in the border integration zone of another Party;

Other definitions adopted:
Companion; Adhesive; Commercial Aircraft; Bus; Authorization to Set Sail; Admission Ticket ; Coach; Conductor; Document of Identity; Singular Document of Cargo; Singular Document of Temporal Admission; Singular Document of Passengers; Singular Document of Tourism; Vessel; Driving License; Flying License; Tourism Group List; Cargo Manifest; Registration; Passenger; Merchandise; Passport; Pilot, Captain or Patron; Plaque; Border Crossing; Port; Vehicle Return; Bordering Rivers; Migration Control Form; Taxi; Transship; Crew; Tourist; Vehicle; Abandoned Vehicle; Rented Vehicle; Freight Vehicle; Passengers Vehicle; Seized Vehicle; Instrument Vehicle; Official Vehicle; Private Vehicle; Stolen Vehicle; Tourism Vehicle; Border Visitor; Border Integration Zone; Zone for the Free Circulation of Vehicles.

Sections Two, Three, and Four cover the Binational Land, Maritime and Air Traffic, respectively. Sections Five, Six, Seven and Eight cover the Land, River, Maritime and Air Border traffic, respectively.

General Provisions (Section Ten, Chapter XXIII): Common Regulations for the Binational Traffic
Article 67: The control and presentation of documents, to any type of land transport, will take place in the CENAF and for one time only.

Chapter XXIV: Common Regulations for the Border Traffic

Article 69: The initial point and final destination of the land traffic will be within the Parties’ border integration zones, except for the exceptions contemplated by this Treaty or to which the Parties will agree upon subsequently.

Competent National Authorities:
Article 70: The competent national authorities will establish, in common agreement, the routes, schedules and frequencies of the regular land. River and maritime transport of passengers.

Article 71: The competent national authorities will establish, in common agreement, the characteristics, capacity and types of vehicle, vessels and aircrafts.

Article 72: The competent national authorities establish, in common agreement, a singular format for the Border Admission Ticket.

Article 73 (Insurance): The competent national authorities will require that the qualified enterprises to carry the regular transport of passengers, groups of tourists and cargo contract, before the beginning of the operations, an insurance policy to cover damages to conductors, pilots, crew, passengers, tourists, third persons and material damages, with validation for the border integration zones.

Reciprocity:
Article 76: The Parties will apply the principle of reciprocity, real and effective, to the regular transport of passengers in highways, rivers or seas.

On Customs, Migration and Sanitary Issues:
Article 81: The migration, customs, police, traffic, transport, health and tourism authorities of the CENAF will provide mutual assistance to better accomplish their functions and to facilitate the border traffic.

Settlement of Disputes:
Article 85: The complaints or disputes between natural or juridical persons of the Parties arising from the regular transport of passengers, groups of tourists or cargo, will be resolved by an Arbitrage Tribunal, designated by the Parties and subject to a special regulation.

Common Regulations to any Type of Traffic (Chapter XXV, Article 100): The competent national authorities will support and promote the formation of binational enterprises for the transport of passengers, groups of tourists and cargo in highways, rivers, sea or air.

Article 101: The competent national authorities of the Parties will adopt an uniform signaling system for land, maritime and river transport.

Entry into Force (Chapter XXVI, Article 105): The Agreement will enter into force when the Instruments of Ratification are exchanged.

Duration:
Article 106: This Agreement will have a duration of five years, renewable for equal periods.

Denouncement:
Article 107: Any of the Parties may denounce this Agreement through a written notification, which will have an effect ninety days after.

Note: 
Article 108: This Agreement substitutes the Agreement to Regulate the Traffic of Persons and Vehicles of October 14, 1977.