6. TOURISM

B. Bilateral Sectoral Agreements

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1. Acuerdo Complementario de Cooperación Turística (Complementary Agreement on Tourism Cooperation between the Government of the Republic of Colombia and the Government of the Republic of Costa Rica)

DATE: March 15, 1996

MEMBERS: Colombia and Costa Rica

Summary of Provisions

Objective:
Article I: With the purpose to consolidate the tourism between both countries and strengthen the integration and the mutual knowledge of their culture and ways of life, the Parties will promote and implement programs of tourism cooperation, in conformity with the internal tourism objectives and policies, and the economic, technical and financial availabilities, within the limit established by their internal legislation.

Article II: According to what was said in the previous Article, the Parties will stimulate and facilitate the development of programs and projects on tourism cooperation, through the following:

1. Transference of technologies and technical assistance.

2. Exchange of employees and experts in tourism, with the purpose of obtaining mutual assistance and achieving a greater understanding regarding the tourism infrastructure and plant, as well as the management of tourism resources of each country.

3. Exchange of information and documentation.

4. Design, study and execution of technical projects, defining for each specific project the commitments and obligation of technical, administrative and financial nature.

5. Entrepreneurial exchanges and business rounds to facilitate the design and commercialization of binational tourism products, as well as the participation in seminars, conferences and vacations.

Institutional Support:
Article III: The Ministries in the area in each country will be responsible for the execution of this Agreement, and will develop the following activities:

1. Supervision, follow-up and analysis of the application of this Agreement to promote the measures considered necessary, with the purpose to achieve the correct application of cooperation between the two Parties.

2. Determine and evaluate the priority sectors for the implementation of specific projects of tourism cooperation.

3. Propose programs for tourism cooperation.

Entry into Force, Duration and Modification:
Article IV: This Agreement will enter into force on the day of its signature, will be valid for five years and may be automatically renewed for equal periods, unless one of the Parties terminates the Agreement in writing, through its respective entities, and with at least six months of anticipation. The Agreement may also be modified under mutual agreement through diplomatic channels. The termination of the Agreement will not affect the realization of the programs that were timely presented during the Agreement’s period of operation, unless the Parties agree to the contrary.

2. Convenio de Cooperación Turística (Agreement on Tourism Cooperation between the Government of the Republic of Chile and the Government of the Republic of Colombia)

DATE: May 9, 1995

MEMBERS: Colombia and Chile

Summary of Provisions

Tourism Offices:
Article I: In conformity with the internal legislation of each country, official offices of tourism representation may be established and operated in the territory of the other Party, in charge of promoting tourism exchange, with no rights to exercise any activity of a commercial nature.Both Parties will grant facilities for the installation and functioning of such offices, in conformity with their respective national legislation.

Development of Tourism Industry and Infrastructure
Article II : 

1. The Parties, in conformity with their internal legislation, will facilitate and encourage activities related to the provision of tourism services such as: travel agencies, tourism dealers and operators, chains of hotels, airlines and maritime companies, mainly, with no harm to any other which may generate reciprocal tourism between both countries.

2. The Parties agree to facilitate the exchange of employees and experts in tourism within their possibilities, with the purpose to obtain a greater understanding of the tourism infrastructures of each country and to be able to clearly define the fields in which receiving assistance and transference of technology is advantageous. 

Investment:
Article IV: Both Parties will promote and facilitate, according to their possibilities and their respective internal legislation, the investment of Colombian, Chilean or Colombian and Chilean combined capitals, in their respective tourism sectors.

Tourism Investigation and Empowerment
Article VI:

1. The Parties will encourage their respective experts to exchange technical information and/or documentation in the following fields:

a) Systems and methods to enable and/or up-to-date faculty and instructors on technical issues, with particular attention to procedures for tourism and hotel administration and operation.

b) Fellowships for faculty, instructor and students.

c) Study programs to enable persons providing tourism services.

d) Study programs for hotel management schools.

e) Occupational profiles of tourism enterprises.

2. Each Party will take actions which facilitate the cooperation between professionals of both countries, with the purpose to increase the level of their tourism technical experts and promote the investigation and study of joint cases on issues of common interest.

Exchange of Tourism Information and Statistics:
Article VII: Both Parties will exchange information about:

a) Their resources for tourism and the studies related to tourism and to the development plans for tourism in their respective countries.

b) Studies and investigations related to the tourism activity and periodical technical documentation, such as magazines and others.

c) The current legislation for the regulation of tourism activities, for the protection and conservation of the natural and cultural resources of a tourism interest, for the classification of hotel establishments and tourism enterprises and others.

World Tourism Organization:
Article VIII: 

1. The Parties will work based on the provisions of the World Tourism Organization to develop and promote the adoption of uniform models and recommended practices, which , if applied by the Governments, will facilitate tourism.

2. The Parties agree to grant reciprocal assistance on issues of cooperation and effective participation in the World Tourism Organization.

Consultations:
Article IX: This Agreement will develop through complementary Agreements. In order to follow, promote and evaluate its results, the Parties will establish a Working Group for the accomplishment of the objectives of this Agreement, which will consist of an equal number of representatives from both Parties, and of invited private members of the tourism sector.

Entry into Force, Duration, Modifications and Termination:
Article X:

1. This Agreement will enter into force once the last notification from one of the Parties to the other, communicating the fulfillment of the corresponding requirements for the internal approval, has been made.

2. This Agreement will have a duration of five years and will be automatically renewed for equal periods, unless one of the Parties show a desire to terminate the agreement through a diplomatic channel, with three months of anticipation.

3. This Agreement may be modified with the approval of the two Parties. The modifications will be formalized through an Exchange of Diplomatic Notes and will enter into force according to the procedure established in paragraph 1 of this Article.

4. The termination of this Agreement will not affect the programs and projects which have been formalized when it was in vigor, unless the Parties agree to a different way. 

3. Acuerdo de Constitución de la Comisión Binacional Colombo-Peruana de Turismo (Agreement for the Creation of the Binational Colombian-Peruvian Commission of Tourism)

DATE: July 12, 1994

MEMBERS: Colombia and Peru

Summary of Provisions

Taking into account that on April 24, 1988 the “Agreement on Tourism between Colombia’s National Tourism Corporation and Peru’s Fund for Tourism Promotion” was signed, which specifies areas for mutual assistance and support, tourism facilitation, promotion, investments and others, The Government of the Republic of Colombia and the Government of the Republic of Peru agree to:

Objective:
First Article: Constitute the Binational Colombian-Peruvian Commission of Tourism, consisting of representatives of the following national entities:

a) For the Republic of Colombia:

• Ministry of Foreign Relations
• Ministry of Economic Development
• Ministry of Transport
• Administrative Department of Safety
• Office of Taxes and National Customs
• National Tourism Corporation of Colombia
• Colombian Chamber of Tourism

b) For the Republic of Peru:

• Ministry of Foreign Relations
• Ministry of Industry, Tourism, Integration and International Commercial Negotiations
• Ministry of Transports, Communications, Housing and Construction
• Ministry of Economics and Finance
• Fund for Tourism Promotion of Peru
• National Chamber of Tourism

Commission’s Functions: 
Third Article: The functions of the Commission are:

1. Know the characteristics and problems of tourism, specially in the fields of tourism facilitation, transit of persons, vehicles and equipment, commercialization and others, to propose solutions to the different national entities with competence over the issues regarding the development of tourism.

2. Analyze, propose and design effective and agile procedures to facilitate the tourism flows between the Parties, in coordination with the national entities related to the promotion of tourism.

3. Propose to the competent entities of the countries, through the national entities responsible for tourism, actions and joint programs for the promotion of tourism, promotion and commercialization, qualification of human resource, horizontal cooperation and technical assistance.

4. Offer the cooperation and support demanded by the national tourism entities of the two countries.

5. Diffuse its activities and their results.

6. Coordinate its actions with the Committee on Tourism created within the framework of the Colombian-Peruvian Neighborhood and Integration Commission.

7. Watch over the application of the agreements and accords in vigor on tourism, migration, customs issues, transit, transport and other issues, which, because of their nature and coverage, apply to the tourism of the two countries, and inform the competent authorities of any detected failures.

8. Create its own regulations.

Entry into Force:
Seventh Article: This Agreement will enter into force on the day of its signature and any of the Parties may terminate it by communicating the other Party with six (6) months of anticipation. In this case, the actions already initiated will continue until their conclusion, and for this regard, this Agreement will be considered in vigor.

4. Convenio de Cooperación Turística (Agreement on Tourism Cooperation between the Government of the Republic of Colombia and the Government of Jamaica)

DATE: April 20, 1994

MEMBERS: Colombia and Jamaica

Summary of Provisions

Objective:
Article I: The Parties will promote and implement programs of tourism cooperation, in conformity with the objectives and priorities of their countries’ economic and social development, and the economic, technical and financial availabilities, within the limit established by their internal legislation.

Article II: According to what was said in the previous Article, the Parties will stimulate and facilitate the development of programs and projects on tourism cooperation, through the following:

1. Transference of technologies and supply of technical services.

2. Exchange of information and documentation.

3. Exchange of experts and scientists.

4. Mutual supply of training facilities at several levels.

Cooperation of International Agencies:
Article III: When the Parties considered it necessary for the execution or development of a specific project, they may request and use, under common agreement, the cooperation of an international agency.

Composite Commission:
Article IV: 

(a) The Parties will formulate joint programs about specific projects within the framework of this Agreement, through the Composite Commission.

(b) the specific modalities for each project, including the financial obligations, will be elaborated through complementary agreements.

Commission’s Functions:
Article VII: For the application of this present Instrument the Parties will constitute a Composite Commission coordinated by the respective Official Tourism Entities, which will have the following objectives:

1. Observe the fulfillment of this Agreement and its Programs;

2. Determine and evaluate the priority sectors for the implementation of specific cooperation projects;

3. Propose cooperation programs;

4. Evaluate the results of the execution of specific projects.

Entry into Force, Duration and Termination:
Article VIII: This Agreement will be subject to the constitutional procedures established in each country for its approval and will enter into force with the respective notifications in which the fulfillment of the internal legal procedures is communicated.

Its duration will be of five (5) years, automatically renewed for periods of one (1) year, unless one of the parties notifies the other in writing, with six (6) months of anticipation of the due date of the corresponding period, its intentions of terminating it.

This notification will not affect the development of the programs, in conformity with Article IV, unless the Parties decide otherwise.

5. Reglamento de Grupos Turísticos - Anexo al Convenio entre Colombia y el Ecuador sobre Tránsito de Personas, Vehículos, Embarcaciones Fluviales y Marítimas y Aeronaves (Regulations for Tourism Groups - Annex to the Agreement between Colombia and Ecuador on Traffic of Persons, Vehicles, River and Maritime Vessels, and Aircrafts)

DATE: April 7, 1994

MEMBERS: Colombia and Ecuador

Summary of Provisions

Travel across the Border:
Article 1: The vehicles, vessels or aircrafts transporting groups of tourists may approach any qualified point, port or airport of the territory of the other Party, within the Zone of Border Integration.

Article 2: The conductor will carry the following documents:

2.1 License;

2.2 Registration; and

2.3 Sole Document of Tourism.

Article 3: The conductor or captain will not transport persons or cargo which do not correspond to the group of tourists.

Binational Trip:
Article 4: The tourist will fill up the Migration Control Card supplied by the Tourism Operator.

Article 6: The Document of Temporary Boarding will be granted by the Consular Agent of the Country to be visited or by the delegated competent entity. The document will be valid for one year form its issuance and will qualify for multiple entrances, up to ninety (90) consecutive days within this same year.

Article 13: To obtain the Sole Document of Tourism, the tourism operator will present the following documents:

13.1 Operation License;

13.2 Insurance Policy of the Vehicle, including civil responsibilities for damages to the occupants and to third persons; and,

13.3 Description of the vessel or vehicle.

Article 14: The Sole Document of Tourism will be granted by the competent tourism authority, with no costs.

Article 15: The tourism operator may obtain the Sole Document of Tourism with up to thirty days of anticipation of the beginning of the trip.

Article 16: The Competent Authority on Tourism will grant the Sole Document of Tourism within twenty-four (24) hours of the reception of the request and its annexes.

Article 17: The operator will be responsible before the user and the National Competent Authorities of the Parties for non-completion and damages or losses.

Tourism Groups:
Article 19: For the purposes of this Regulation the definition of a Tourism Group is: a group consisting of five (5) or more persons, who travel in a closed circuit organized by an authorized Tourism Operator.

Means of Transport:
Article 20: The transport of Groups of Tourists may be carried in one only or in combined means of transport.

Insurance Policy:
Article 22: The Insurance Policy will cover, according to the cases, the Parties’ territories or the Zone of Border Integration, and will be valid for the round trip or for a determined period of time.

Consultations:
Article 25: The Ministries of Foreign Relations will clear, in common agreement, the consultations or doubts arising from the interpretation of this Regulation.

Modifications:
Article 27: The reforms to this Regulation will take place under mutual agreement, given previous coordination among the National Competent Authorities and through the exchange of Notes.

Entry into Force:
Article 28: This Regulation will enter into force thirty (30) days after its signature.

6. Acuerdo Complementario de Cooperación Técnica en Materia Turística (Complementary Agreement of Technical Cooperation on Tourism Matters between the Government of the Republic of Colombia and the Government of the Republic of Argentina)

DATE: February 22, 1994

MEMBERS: Colombia and Argentina

Summary of Provisions

Objective:
Article 1: The Parties commit to keep a close relationship in the field of tourism through their Official Competent Entities, which will be responsible for the execution of this Agreement.

Article 2: The Parties, within the possibilities of their internal legislation, will reciprocally grant maximum facilities for the increase in the tourism between both countries.

Article 3: The Parties, through their Official Tourism Entities, will exchange technical information regarding their programs and projects, as well as the current legal regimes, on tourism and related issues.

Investment:
Article 4: Both Parties will promote and facilitate, according to their possibilities, the investment of Argentine, Colombian or Argentine and Colombian combined capitals, in their respective tourism sectors.

Articles 5 to 11 cover the following issues: formation of specialized professional human resources; granting of scholarships to pursue technical courses on tourism; exchange of experts on tourism; tourism promotion and publicity; visits of specialists; and support to market investigations in the territory of the other Party.

Regional Integration in the Field of Tourism:
Article 12: The Parties will exchange information on their experiences in processes of regional integration in the field of Tourism.

International Organizations of Tourism:
Article 14: The Parties will notify and will seek common positions in face of the problems being considered by international tourism organizations, of which both countries are members.

Private Sector:
Article 14: The Parties, through their Official Tourism Entities, will promote the development of relations between their private enterprises of tourism and the elaboration of programs of exchange between them.

Composite Commission:
Article 15: The Parties will constitute a Composite Commission consisting of technical employees of the Official Tourism Entities, which will be in charge of carrying and assuring reciprocal consultations referred to in this Agreement, as well as on other tourism issues to be considered. The meetings will be called through a diplomatic channel at the request on any of the Parties.

Amendments:
Article 16: This Agreement can be amended with the consent of the Parties, at the request of any of them.

Entry into Force, Duration and Termination:
Article 17: This Agreement will enter into force on the date of its signature and will have a duration of five years, automatically renewable for periods of one year, unless one of the Parties decides to terminate the agreement, notifying the other Party with six months of anticipation of the termination date, in which case the programs and projects under execution and agreed during the period of validity, will not be affected.

7. Convenio de Cooperación entre la Corporación Nacional de Turismo y el Instituto Guatemalteco de Turismo (Cooperation Agreement between the National Tourism Corporation of Colombia and the Guatemalan Institute of Tourism)

DATE: August 5, 1991

MEMBERS: Colombia and Guatemala

Summary of Provisions

Technical and Experiences Exchange:
First Article: The Parties will advance a permanent program of informational exchange of documents and studies, technologies and experiences, specially in tourism technical areas such as: planning, development, national and international investment policies and mechanisms, human resources qualification, promotion and market, among others areas.

This bilateral cooperation will also comprise the exchange and visit of experts and/or specialists in such issues, and the definition of other means and instruments considered viable and convenient according to the interests and necessities of the Parties.

Tourism Facilitation:
Second Article: The Contracting Parties commit to reciprocally promote wider facilities for the tourism increase between the two countries, for that taking actions directed to maintain or improve the adequate migration, customs and commercial conditions to facilitate the air operation of regular and/or special flights deriving from the displacement of tourists between the two countries, and to improve services and define special tariffs to motivate the displacement of travelers.

Tourism Promotion:
Third Article: The Parties will grant maximum facilities in order to make possible actions and campaigns for tourism promotion of the other Party in their territory.

Working Group:
Fourth Article: For the accomplishment of this Agreement, the Parties will establish a Working Group consisting of an equal number of representatives of both countries, with the purpose to evaluate the development of actions of tourism cooperation contemplated under this Agreement. Members of the private tourism sector may be invited to participate in the Working Group as an important element for the achievement of the agreed objectives.

Modifications:
Sixth Article: If modifications to this Agreement are requested, the Parties shall formalize them through written communications.

Entry into Force, Duration and Termination:
Seventh Article: This Agreement will enter into force on the date of its signature and will have an initial duration of five (5) years, automatically renewable for an indefinite period of time, unless one of the Parties communicates it is against it with an anticipation of six months.

8. Acuerdo de Alcance Parcial Suscrito entre Bolivia y Uruguay, en el area de Turismo - ALADI/AAP/A14TM/1 - 10/16/86 (Partial Agreement signed by Bolivia and Uruguay in the area of Tourism - ALADI/AAP/A14TM/1)

DATE: October 16, 1986

MEMBERS: Bolivia and Uruguay

Summary of Provisions

Objective:
Article 1: This Agreement seeks to establish favorable conditions for the tourism increase between the two countries, with the purpose to contribute to expand the knowledge of their people through their history, culture and geography.

Cooperation:
Article 2: The signatory countries will promote and support the actions by the public as well as the private sector, which allow an effective diffusion and promotion, in their respective territories, of the tourism patrimony of each country, as well as the coordination of joint activities in third countries, on topics of common interest.

Article 3: The official tourism entities of both countries will meet periodically with the purpose of analyzing and convening cooperation programs in the following aspects:

a) promotion of Plans of Cultural and Social Tourism for the organization of collective trips of investigators, faculty, students and groups interested in the culture of the signatory countries;

b) technical cooperation with private economic operators for the promotion and organization of exchange programs;

c) organization of seminars or courses to improve the formation of technicians and specialized national personnel;

d) sponsorship of contests on historic, cultural and geographic topics of both countries;

e) information exchange on national provision regarding tourism, as well as planning and execution of local tourism projects;

f) reciprocal remittance of material on tourism diffusion (pamphlets, films, videos, slides, etc.);

g) study of special measures to facilitate the increase of reciprocal tourism, with the purpose to propose them to their respective Governments;

h) promotion and support of aero-commercial actions in order to achieve an effective link between both countries and the organization of their corresponding tourism facilities.

Technical Assistance:
Article 4: The signatory countries commit to take actions of horizontal cooperation, in order to take advantage of the technical and operative capacity acquired in different tourism areas.

Article 5: The Government of the Oriental Republic of Uruguay, at the request of the Government of Bolivia, will supply technical assistance for the Ministry of Tourism’s services, sending Uruguayan experts to the Bolivian Institute of Tourism, for assistance in issues which will be determined through the exchange of Verbal Notes.

For the realization of this kind of technical assistance, it will be requested, jointly, the financial cooperation of the Latin American Integration Association (ALADI).

Evaluation and Revision:
Article 7: Every two years, from the date of entry into force of this Agreement, the signatory countries will jointly observe its pace in order to evaluate the obtained results and, if it is the case, agree to widen or modify the Agreement.

Article 8: The commitments derived from the revision and the resulting adjustments shall be formalized through the signature of Additional Protocols.

Adhesion:
Article 9: This Agreement will be open to the adhesion of the other members of the Association, through negotiation.

Convergence:
Article 11: The signatory countries will seek to carry negotiations with the other members of the Association, with the purpose of determining the possibility of pursuing the progressive multilateralization of the agreements contained in the present instrument.

Entry into Force and Duration:
Article 12: This Agreement will enter into force on October 1, 1986, and will have a duration of six years, automatically renewable for equal periods, unless one of the signatory countries opposes its extension with one year of anticipation of its expiration.

Denouncement:
Article 13: Any country signing this Agreement may denounce it after participating in it for two years. For such it will notify its decision to the other signatory countries with sixty days of anticipation of the deposit of the respective instrument before the General Secretariat of the Association.

Article 14: Once the denouncement has been formalized through the deposit of the respective instrument before the General Secretariat, all acquired rights and contracted obligations because of this Agreement will automatically cease for the denouncing country.