Multilateral Treaties

[Treaty] *in Spanish only   [text in Spanish]

A-43: ECONOMIC AGREEMENT OF BOGOTA

ADOPTED AT: BOGOTA, COLOMBIA                                            
DATE: 05/02/48
CONF/ASSEM/MEETING: NINTH INTERNATIONAL CONFERENCE OF AMERICAN STATES           
INTO FORCE:   /  /  ,  WHEN TWO-THIRDS OF THE SIGNATORY STATES HAVE DEPOSITED THEIR INSTRUMENTS OF RATIFICATION, IN ACCORDANCE WITH ARTICLE 41 OF THE AGREEMENT
DEPOSITORY: GENERAL SECRETARIAT, OAS (ORIGINAL INSTRUMENT AND RATIFICATIONS)
TEXT: OAS, TREATY SERIES, NO. 21                                  
UN REGISTRATION:   /  /    No.         Vol.       
OBSERVATIONS:                         
                              

GENERAL INFORMATION OF THE TREATY: A-43
COUNTRY SIGNATURE RATIFICATION/ACCESSION DEPOSIT INFORMATION*
Antigua & Barbuda - - - -
Argentina 05/02/48 - - Yes
Bahamas - - - -
Barbados - - - -
Belize - - - -
Bolivia 05/02/48 - - -
Brazil 05/02/48 - - -
Canada - - - -
Chile 05/02/48 - - Yes
Colombia 05/02/48 - - Yes
Costa Rica 05/02/48 09/07/48 10/26/48 RA -
Cuba 05/02/48 - - Yes
Dominica - - - -
Dominican Republic 05/02/48 - - Yes
Ecuador 05/02/48 - - Yes
El Salvador 05/02/48 - - -
Grenada - - - -
Guatemala 05/02/48 - - Yes
Guyana - - - -
Haiti 05/02/48 - - -
Honduras 05/02/48 01/13/50 02/07/50 RA Yes
Jamaica - - - -
Mexico 05/02/48 - - Yes
Nicaragua 05/02/48 - - -
Panama 05/02/48 04/17/51 04/25/51 RA -
Paraguay 05/02/48 - - -
Peru 05/02/48 - - -
St. Kitts & Nevis - - - -
St. Lucia - - - -
St. Vincent & Grenadines - - - -
Suriname - - - -
Trinidad & Tobago - - - -
United States 05/02/48 - - Yes
Uruguay 05/02/48 - - Yes
Venezuela 05/02/48 - - Yes

*DECLARATIONS/RESERVATIONS/DENUNCIATIONS/WITHDRAWS

A-43. ECONOMIC AGREEMENT OF BOGOTA

1. Argentina:   

(Reservations made at the time of signature)                                                                              
   Argentina wishes to record in the Minutes that--as it stated in making known its vote on Article 25 of the Economic Agreement of Bogot� on the amendment proposed thereto by the Delegation of Mexico--it confirms the fact that it gave its approval to the above-mentioned text primarily with the understanding that text does not in any way indicate that international treaties or agreements
shall prevail over the constitutional texts of the American countries, nor that foreign capital investments shall be subject to any jurisdiction other than that of their own courts.  It further understands that the concepts expressed with regard to the above-mentioned article apply to all pertinent provisions of the
Agreement.

Argentina explains that its reservation to Article 37 refers exclusively to the latter part thereof, to the effect that there shall be no discriminations for reasons of health.  Argentina understands that this matter must obviously be subject to sanitary provisions in force in each country.

2. Colombia:

(Declaration and reservation made at the time of signature)

For the purposes of the provisions of Chapter VIII --Maritime Transport--of the Economic Agreement of Bogot�, the Delegations of Ecuador, Venezuela, and Colombia state that they consider the Flota Mercante Grancolombiana, S. A., as their national merchant marine because of the participation of capital of Ecuador, Venezuela, and Colombia in that enterprise, regardless of whether the vessels of the company fly the flag of Ecuador, Colombia, or Venezuela.

The Delegation of Colombia makes a reservation regarding clauses f) and g) of Article 32 of the Economic Agreement of Bogot�, as these concern points that were submitted for the consideration of the respective committee at the last moment, without time for study or consultation on the part of the Delegation.

3. Cuba:

(Declaration and reservation made at the time of signature) 

The Delegation of Cuba has voted affirmatively on Article 25 with the understanding that the last paragraph thereof, interpreted dogmatically, contains provisions in accordance with the Constitution of Cuba.

The Delegation of Cuba states that measures adopted as defense against discriminatory measures taken by other States are not themselves to be considered as discriminatory.

4. Chile:   

(Reservation made at the time of signature)  

The Delegation of Chile, in view of the declaration made by the Delegation of Ecuador at the meeting of subcommittee IV C held during the current month of April, on the application of certain discriminatory measures as a means of giving support to their national merchant marine,

DECLARES: 

That it wishes to record in the Minutes its opinion that certain governmental discriminations and restrictions exist in inter-American maritime commerce and that in its desire to bring about the elimination thereof, it reserves the right to make proposals and to participate in any other debates on this topic at future meetings of the American States.

5. Ecuador

(Declaration and reservations made at the time of signature)

For the purposes of the provisions of Chapter VIII --Maritime Transport--of the Economic Agreement of Bogot�, the Delegations of Ecuador, Venezuela, and Colombia state that they consider the Flota Mercante Grancolombiana, S. A., as their national merchant marine because of the participation of capital of Ecuador, Venezuela, and Colombia in that enterprise, regardless of whether the vessels of the company fly the flag of Ecuador, Colombia, or Venezuela.

The Delegation of Ecuador makes the following reservations at the time of signing the agreement:

First: The principle established in the third article, of facilitating access to trade under equal conditions, must be understood in harmony with Article 31, according to which preferential agreements are permitted for the purposes of economic development.

Second: Article 24 must not be understood in the sense of limiting the principle according to which foreign capital is subject to the national laws.

Third: Article 25 must be understood in the sense that the rule therein established must be subordinated to the constitutional provisions in force at the time of its application, and that it is exclusively within the jurisdiction of the courts of the country within which the expropriation takes place to determine, in accordance with the laws in force, everything relating to the
circumstances under which such expropriation must be carried out, the sum to be paid, and the means of executing such payment.

Fourth: Article 31 must be understood in the sense that preferences between Spanish-American States are permitted, either for economic reasons--due to the need for the development of their economies and because they belong to the same region--or because such preferences concern States united among themselves by special ties based on a community of language, origin, and culture.

Fifth: Article 35 must be understood in the sense that the discriminatory measures mentioned therein do not refer to the preferences that may well be granted by Spanish-American States for the development of their merchant marines, preferences the establishment of which Ecuador does not renounce.  Ecuador especially reserves to itself the right to consider as national
vessels those of the Flota Mercante Grancolombiana, S. A., regardless of whether they fly the flags of Venezuela, Colombia, or Panama.

6. United States:

(Reservations made at the time of signature)

The Delegation of the United States of America finds it necessary to enter a formal reservation to the second paragraph of Article 3 of the Economic Agreement of Bogot� referring  to  the relationship  between the  prices of primary products and manufactured products.

The Delegation of the United States of America finds it necessary to enter its formal reservations to Articles 30 and 31 of the Economic Agreement of Bogot�.

The Delegation of the United States of America finds it necessary, for the same reasons as those set forth in its reservation to the Charter of Social Guarantees approved at this Conference, to enter a formal reservation to subparagraphs f) and g)of Article 32 of the Economic Agreement of Bogot�.

7. Guatemala

(Reservations made at the time of signature)

The Delegation of Guatemala makes an express reservation to the last part of Article 25 in the sense that the principle established there should be subject to the constitutional rules in force in each country.

It also makes an express reservation regarding the third paragraph of Article 22, and the first paragraph of Article 24, insofar as they restrict the principle that aliens, as well as nationals, are subject to the laws and courts of the country.

8. Honduras

(Reservations made at the time of signature)

The Delegation of Honduras declares that it has voted affirmatively on Article 25 of the Economic Agreement of Bogot�, with the interpretation that the application of the last part of that article--like the application of the other parts thereof-- remains subject to the primacy of the National Political Constitution.

The Delegation of Honduras, in voting affirmatively on the article contained in Chapter IX--Freedom of Transit--does so with the reservation that freedom of transit cannot be established at present or in the very near future for merchandise that arrives at any of its Atlantic ports for transhipment across Honduran territory to another country, whether or not utilizing the Pacific ports of Honduras.

(Reservations made at the time of ratification)

With the reservations made at the time of signature.

9. Mexico

(Reservations made at the time of signature)

1. The Delegation of Mexico makes an express reservation to the last part of Article 25, to the effect that the principle established there should be subordinated to the constitutional laws of each country.

2. Although in agreement with the spirit of equity that inspires Article 22, paragraph 3, and the first paragraph of Article 24, the Delegation of Mexico at the same time makes an express reservation on the texts thereof, since, in their present wording, they could be interpreted as a limitation to the principle that
aliens, as well as nationals, are subject to the laws and courts of           
the country.

10. Dominican Republic:

(Reservation made at the time of signature)

The Delegation of the Dominican Republic makes express reservation to Article 31 on the ground that the procedures set forth in the Charter of Havana for preferential agreements did not serve as essential guide in its formulation, and since it may give rise to a policy of privileges at variance with the desire of the American people to offer one another mutual advantages.

11. Uruguay:

(Declaration made at the time of signature)

The Delegation of Uruguay understands that Chapter IV grants foreign capital entering its country no guarantee not already afforded it by constitutional provisions.  And, with regard to Article 25, it considers that the express reference to the constitution, in matters relative to the system of expropriation and payment therefor, is unnecessary, because constitutional provisions always govern the settlement of all situations, since all
inhabitants are subject to the jurisdiction of the national courts.

12. Venezuela:

(Declaration and reservations made at the time of signature)

For the purposes of the provisions of Chapter VIII --Maritime Transport--of the Economic Agreement of Bogot�, the Delegations of Ecuador, Venezuela, and Colombia state that they consider the Flota Mercante Grancolombiana, S. A., as their national merchant marine because of the participation of capital of Ecuador, Venezuela, and Colombia in that enterprise, regardless of whether the vessels of the company fly the flag of Ecuador, Colombia, or Venezuela.

The Delegation of Venezuela wishes to have it recorded in the Minutes that, in approving Chapter VIII of this Economic Agreement of Bogot�, and the annexed declaration, it did so with the assurance that the phrase "questions having to do with maritime transport" includes the problem relating to discriminatory practices and similar problems that appear in the maritime transport contracts
that the conferences or associations of ship owners have in use, as was expressly approved in the working group to which the study of this chapter was assigned.

It also understands that the foregoing sentence includes the study of the freight rates at present in effect and the means for ensuring that such rates be fair and equitable.

Venezuela makes an express reservation to Article 25 for the reasons set forth during the debate.  Regarding the rest of Chapter IV, it states that in no case will it admit the preeminence of international treaties or agreements over the text of its constitution, nor will it accept any jurisdiction for foreign
investments other than that of its own courts.

[Text of the Treaty] *in Spanish only