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TWELFTH
ANDEAN PRESIDENTIAL COUNCIL
ACT OF LIMA
The Presidents
of Bolivia, Colombia, Ecuador, Venezuela,
and Peru met in Lima on June 9 and 10, 2000
at the Twelfth Andean Presidential Council.
During the
meeting they placed their commitment to
Andean integration on record and expressed
their conviction that its intensification
would contribute substantially to the
efforts of the countries to cope with their
development needs and to attain a dynamic
and profitable position on the international
scene.
At the same
time, they reasserted the Community’s choice
of an open regionalism, which has given the
process the necessary flexibility to develop
a Latin American-oriented regional and
hemispheric strategy within the world
economy. This strategy has made it possible
to increase Andean trade, while also
improving the potential for national and
Community links with other countries and
country blocs.
In this
connection, they underscored with
considerable satisfaction the joint
negotiation being advanced by the Andean
Community under a single spokesmanship with
regard to the Free Trade Area of the
Americas and the conclusion of trade
negotiations with Brazil and Argentina in
the context of the framework agreement
signed by the Community countries with
Mercosur. They also reaffirmed their
willingness to strengthen their relations
with the European Union and other blocs.
They expressed
their pleasure at the celebration of the
30th anniversary of the Andean Development
Corporation, the Andean integration movement’s
financial branch and one of the most
important and prestigious institutions in
Latin America, which that plays a basic role
in the financing of the Member Countries’
economic and social development.
The
commitments adopted at the Eleventh Andean
Presidential Council of Cartagena were
reaffirmed in their entirety: formation of
the Andean Common Market, implementation of
the Common Foreign Policy, development of a
social agenda, and execution of a Community
policy on border integration and development,
together with action aimed at harmonizing
and attaining macroeconomic targets.
With those
purposes in mind, the Presidents adopted the
following:
GUIDELINES:
I.
ESTABLISHMENT OF THE ANDEAN COMMON MARKET
1. The
Andean Council of Foreign Ministers will
exercise the political leadership, in
coordination with the Andean Community
Commission in the case of trade and
investment matters, in forming the Andean
Common Market, as a space for the free
circulation of goods, services, capital,
and people, which is geared towards
improving human development in the Member
Countries and strengthening their
competitive position in the world economy.
2. In
accordance with the commitment made at the
Eleventh Andean Presidential Council, the
Andean Common Market should be operational
no later than December 31, 2005.
3. The
Member Countries will accordingly carry
out an agenda of specific objectives and
actions established at the Meetings of the
Andean Presidential Council and subject to
annual scheduling. The results will be
evaluated at the regular meetings of the
Andean Council of Foreign Ministers
sitting in enlarged session.
4. The
Common Market will be advanced through the
progressive adoption of commitments under
an overall approach with an appropriate
level of political cooperation.
5. In the
case of the unimpeded circulation of goods,
priority will be placed on consolidating
the free trade area, effectively removing
non-tariff barriers, and perfecting its
operation by adopting complementary
economic and commercial disciplines. The
perfected Customs Union must be in place
by 2005.
6. As for
the free circulation of services, Decision
439 will be implemented in the terms and
with the deadlines specified.
7. The
unimpeded circulation of capital, for its
part, will be achieved through cooperation
and concerted efforts among the national
organizations operating in that sector.
Removal of barriers to the movement of
capital is essential if the Andean Common
Market is to operate and grow.
8. The free
circulation of people will be addressed
progressively by adjusting national
provisions to the unique features of the
traffic in businessmen, students, tourists,
and citizens at large in the respective
border regions.
9. Inasmuch
as the construction of the Andean Common
Market also calls for the progressive
harmonization of macroeconomic policies
among the Member States, national
authorities should take the necessary
steps to accomplish this.
10.
Complementary cooperation and integration
efforts are needed in order for the Andean
Common Market to operate fully. These
include harmonizing commercial laws and
regulations, setting up mechanisms for
legal and police cooperation on civil and
criminal matters, and establishing
mechanisms to reinforce control and
supervision in all areas. The Foreign
Ministries must take the necessary action
in this regard.
11. The
Attachment to this Guideline lists the
specific objectives for the next twelve
months and the actions that must be taken
in the medium term to have an operational
Andean Common Market in place by the year
2005.
12. Without
detriment to the previous Guideline, other
actions can be taken for the cited
purposes.
II. EXECUTION
OF THE COMMON FOREIGN POLICY
13. The
start-up of the Common Foreign Policy has
revealed the potential created by the
joint efforts of the Member Countries in
the regional, hemispheric, and global
spheres. We have obtained important
results from executing that policy, which
underscore the need to continue building
up our concerted efforts in international
political and economic forums, as well as
the Andean Community’s relations with its
principal interlocutors.
It is in
this connection that we express our
pleasure at the signing of Decisions 475
and 476 and charge the Andean Council of
Foreign Ministers and the Andean Community
Commission to continue carrying out the
actions and negotiations prioritized in
the Common Foreign Policy working agenda.
We
instructed the Andean Council of Foreign
Ministers to lay down policy guidelines
and identify specific actions for
cooperation among the Member Countries in
fighting the worldwide problems of drugs
and corruption more intensely, reinforcing
security and confidence-building measures,
and furthering the effective protection of
human rights and the practice of democracy
in the Andean subregion.
Andean
Community negotiations with other
countries and country blocs must be
conducted under the principle of open
regionalism and be situated within the
context and priorities of Andean Common
Foreign Policy.
14. Given
their situation and the need to safeguard
their interests, we must join efforts to
defend the interests of Andean Communities
that have settled outside the region for
one reason or another when their human
rights, individual guarantees, or rights
under internationally recognized labor
provisions are threatened, and protect
them against any racist or xenophobic acts.
Consular
authorities must therefore immediately
embark upon a cooperation program for
exchanging experiences and broadening the
coverage of consular services that protect
Andean citizens by integrating those
services, whenever possible and necessary,
and communicate to the authorities of the
country of residence of our Andean
compatriots the concern of the Andean
countries regarding the observance of the
rights to which those people are entitled.
III.
IMPLEMENTATION OF THE SOCIAL AGENDA
15. In
light of the important contribution
integration is called upon to make to our
efforts to contribute to our countries’
social progress and notwithstanding any
actions that may be taken for that purpose
under the leadership of the Andean Council
of Foreign Ministers, the institutions
belonging to the Andean Integration System
must submit to that Council for approval
by the next meeting of the Andean
Presidential Council, a program of
specific activities that can be carried
out within their respective areas of
jurisdiction for the purpose of
consolidating Andean integration and
helping to develop the Andean Social
Agenda, particularly the agenda for
implementation in the border regions.
16. We
wish to emphasize the work done by the
Andean Science and Technology Committee,
in particular the creation of the Data
Bank on Research and Development Projects
and the design of the Community Action
Program on Science and Technology PACYT-2000.
In this regard, we consider it necessary
to entrust the responsible national
authorities with continuing the efforts to
attain a steady international influence in
order to attract the cooperation of
agencies and other institutions
specialized in the funding of such
projects.
17. Aware
of the need to continue moving ahead with
the actions entrusted to the Ministries of
Labor in the context of the Andean Social
Agenda agreed upon at the Eleventh Meeting
of the Andean Presidential Council, we
decided to establish the Advisory Council
of Labor Ministers, which will submit the
results of its efforts to the Andean
Council of Foreign Ministers.
18. Given
the importance to the subregion’s health,
of the Andean Epidemiological Surveillance
and Emergency and Disaster Coordination
Network, recently mobilized in response to
natural disasters in Colombia and
Venezuela, we instructed the Hipólito
Unanue Convention to jointly establish,
with the Andean Community General
Secretariat and the Andean Development
Corporation, mechanisms for the expansion
and technological development of that
network so that it will be equipped to
meet the health challenges posed by the
twenty-first century,
IV. OTHER
ASPECTS OF THE INTEGRATION PROCESS
19. The guidelines and
provisions emanating from the Andean
Council of Foreign Ministers call for the
execution of programs to develop the
Border Integration Regions. Those programs
will be prepared with the support of the
General Secretariat and any financial
assistance that may be obtained from the
CAF, IDB, and other cooperating
institutions or countries. To help in
setting up those programs, the Data Bank
on Border Development Projects will be
established in the General Secretariat
with IDB and CAF support. The Regional
Consultative Group will study the
resulting projects in order to define a
strategy for their financing.
20. In light of the
importance of physical integration within
the Andean subregional space and of the
need to advance toward the implementation
of a Community Physical Integration Policy,
we instructed the Andean Development
Corporation (CAF) and the Andean Community
General Secretariat to make a study that
will allow the Andean Council of Foreign
Ministers to draw up that policy during
the second half of this year.
V.
SPECIAL MEETING OF THE ANDEAN PRESIDENTIAL
COUNCIL
We
decided that the Andean Presidential
Council would hold a special meeting in
November or December 2000 to implement the
agreements reached at the Eleventh Andean
Presidential Council in Cartagena for
addressing the following issues:
- The future of the
Andean Community’s political integration.
- Evaluation and
coordination of foreign policy actions.
- Treatment of the "volatile
capital" problem.
- Follow-up of the Andean
Social Agenda.
In
testimony of which, we sign this Act on June
tenth of the year two thousand.
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(Signed)
HUGO
BANZER SUAREZ
President of the Republic
of Bolivia
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(Signed)
ANDRES
PASTRANA ARANGO
President of the Republic
Of Colombia |
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(Signed)
GUSTAVO
NOBOA BEJARANO
President of the Republic
of Ecuador |
(Signed)
ALBERTO
FUJIMORI FUJIMORI
President of the Republic
of Peru |
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(Signed)
HUGO
CHAVEZ FRIAS
President of the Bolivarian Republic
Of Venezuela |
APPENDIX 1
INDICATIVE
ACTIONS FOR THE FORMATION OF THE
ANDEAN COMMON MARKET
In
building the Andean Common Market, the
Member Countries will execute the following
program of illustrative actions, which will
be subject to periodic review:
I. PERFECTION OF THE TRADE IN
GOODS
A.
Removal of Barriers
1.
Perfect the working of the Andean
Agricultural Health System by developing
Community provisions, improving national
bodies with jurisdiction in that area,
and encouraging them to establish closer
relations with each other.
2.
Develop Andean provisions to ensure that
national systems of standardization,
conformity verification, and metrology,
together with product control and
surveillance practices, comply with that
System and do not constitute obstacles
to trade.
3. Take
measures to harmonize and facilitate
customs procedures.
B. Andean Common
Agricultural Policy
1. Adopt and carry out
an Andean Common Agricultural Policy.
C. Common
External Tariff
1.
Design and adopt a Common External
Tariff (CET) in order to perfect the
customs union.
D.
Smuggling and other customs crimes
1.
Perfect the procedures and system for
exchanging information in the fight
against smuggling and other customs
crimes, on the basis of the Decision
adopted.
II. PERFECTION
OF THE TRADE IN SERVICES
A.
Liberalization of Services
1.
Ensure the complete liberalization of
services and the growth of intra-Community
trade in services.
B.
Transportation
1. Perfect and
implement the Community transportation
policy.
III. UNIMPEDED
MOVEMENT OF CAPITAL
1. Remove
barriers to the movement of capital within
the Andean Community.
2. Adopt
a system of cooperation between Member
Country Stock Exchanges.
IV. FREE
CIRCULATION OF PEOPLE
A.
Free circulation
1.
Accept the use of a National
Identification Document as the only
requirement for the free circulation of
people from one Community country to
another, starting with Andean tourists.
2. Set up an
integrated subregional identification
system for standardizing national
identification documents.
3. Establish
mechanisms to facilitate residency and
the acceptance of job offers.
4. Approve common
provisions on labor, retirement, health,
and job safety.
5. Approve the right
to residency.
V.
HARMONIZATION OF MACROECONOMIC POLICIES
1. Define
and implement criteria for macroeconomic
harmonization.
2. Study
a mechanism for stabilizing economic
crises.
VI. BORDER
INTEGRATION AND DEVELODPMENT
1. Create a Multilateral
Fund for Border Integration Projects.
2. Promote programs for
developing border integration regions
created in the Andean Community.
3. Develop and perfect
the Andean Community Data Bank on Projects
and promote the adoption of mechanisms for
executing projects approved by the
competent authorities.
VII. OTHER ACTIONS
COMPLEMENTARY TO THE INTEGRATION PROCESS
A. Civil
Area
1.
Speed-up and streamline the system of
cross-border notification or transfer of
legal or extra-legal documents.
2. Take
measures to obtain cooperation in
collecting evidence.
3.
Facilitate the acceptance and execution
of verdicts on civil and commercial
matters.
4.
Promote the compatibility of provisions
applicable in the Member States to
conflicts over laws and jurisdictions.
B. Criminal Area
1. Facilitate the
creation of an Andean Legal Network
consisting of points of legal contact
among the Member Countries.
2. Adopt an Andean
Framework Agreement on the Transfer of
Condemned Persons from one Member
Country to another.
C.
Commercial Area
1.
Harmonize commercial legislation,
particularly that referring to Business
Associations.
D.
Police Area
1. Approve measures
for cooperation and joint initiatives on
matters such as the training and
exchange of officials, use of equipment,
and scientific police investigation.
2. Promote
interlinkage agreements between
competent authorities.
3. Create an
integrated subregional network on the
investigation and documentation of
organized crime and the preparation of
the pertinent statistics.
APPENDIX 2
2000-2001
ACTION PROGRAM FOR THE ESTABLISHMENT OF
THE COMMON MARKET
I. PERFECTION OF THE
TRADE IN GOODS
A. Removal of Barriers
1. Adopt a provision
for the mutual acceptance of quality
certifications based on the suitability
of the systems for evaluating conformity.
2. Take measures to
simplify customs procedures.
3. Harmonize health
legislation.
4. Conduct a Community
program to improve competitiveness in
production by taking advantage of
economic complementarities among Member
Countries.
B.
Andean Policy on Competition
1. Amend the
provisions on dumping and subsidies for
imports from non Member Countries of the
Andean Community.
2. Approve the
amendment of provisions to prevent or
correct distortions in competition
caused by practices in restraint of free
competition.
C.
Adopt a Community regime for Public Sector
Procurements.
D. Update the Community
Industrial Property Regime.
E. Common Andean
Agricultural Policy
1.
Adopt the Common Agricultural Policy.
F.
Common External Tariff
1. Complete the
studies for adoption of the CET covering
the Andean System of Price Ranges,
Special Customs Regimes, and anti-dumping
and countervailing duties. In doing so,
it is necessary to bear in mind the
multilateral commitments assumed by the
Member Countries and the negotiations
under way with third parties.
G.
Safeguards
1.
Conduct studies to evaluate the economic
impact of Andean safeguards, with a view
to their perfection, and draw up a
proposal for adopting a Community
agricultural safeguard mechanism
applicable to third parties.
II. PERFECTION OF THE
TRADE IN SERVICES
A. Liberalization of
Services
1. Complete the
inventory of restrictions on services
and adopt the corresponding regulatory
provisions.
B. Transportation
1.
Complete the inventory of measures that
are detrimental to the sector, with a
view to deregulating intra-Community
international sea transportation.
2. Establish
principles and criteria to facilitate
the cross-border flights of subregional
companies, so that aeronautical
authorities may bilaterally designate
the points of operation based on those
criteria.
3. Guarantee the
unimpeded circulation of vehicles
authorized to provide international road
transportation service in the Andean
Community by removing the restrictions
on free circulation.
4. Draw up Technical
Regulations on the Road Transportation
of Dangerous Cargoes.
5. Start studies for
developing a Community Policy on
Transportation by all modes.
6. Update the
Provisions for use of the Andean Road
System.
C. Telecommunications
and Information Technologies
1. Approve Community
Provisions on Electronic Trade.
2. Harmonize the
requirements for granting Authorized
Licenses and the procedures used by
Telecommunication Services for common
definitions.
3. Establish Community
standards for interconnecting Member
Countries.
4. Harmonize the use
of the Radio Spectrum, Numbering, and
Numerical Portability.
5. Set up Centers of
Excellence in the Andean Community.
6. Allocate Satellite
Broadcasting and Satellite Fixed Service
Plans.
7. Approve a Program
to promote the Global Information
Society.
D. Financial Services
1. Draw up and adopt
the Decision to Harmonize and Liberalize
Financial Services.
E. Professional Services
1. Adopt the timetable
for accepting professional licenses.
III. FREE
CAPITAL MOVEMENTS
1.
Complete the studies for establishing a
Cooperation System of Member Country Stock
and Commodity Exchanges.
IV. FREE
CIRCULATION OF PEOPLE
1. Accept each Member
Country’s national identification
documents at the Community level.
2. Prepare an inventory
of obstacles and barriers to the unimpeded
circulation of persons between Member
Countries and their residency.
3. Harmonize migratory
requirements for students, businessmen,
investors, and artists.
4. Make a comparative
study of the Member Countries’ socio-labor
legislation.
V. MACROECONOMIC POLICY
HARMONIZATION
1. Identify conditions
that will make it possible to design a
process for harmonizing Member Country
macroeconomic targets.
2. Develop a Common
Regime for Promoting and Protecting
Investments.
3. Draft a proposal for
updating the Decision on double taxation.
VI. BORDER
INTEGRATION AND DEVELOPMENT
1. Approve a Community
provision on Border Integration Regions.
2. Set up Binational
Centers for Border Service.
VII. OTHER
ACTIONS COMPLEMENTARY TO THE INTEGRATION
PROCESS
1. Approve framework
agreements on civil matters and letters
rogatory.
2. Adopt an Andean
Framework Agreement on judicial assistance
in criminal matters.
3. Approve an Andean
Framework Agreement on extradition between
Member Countries.
4. Create an Andean
Police Network to reinforce cooperation in
the fight against drugs, the slave trade,
organized crime, and the trade in stolen
vehicles.
5. Strive to harmonize
provisions, particularly for fighting
organized crime.
6. Adopt mechanisms for
cooperation between polices forces and
other specialized services with coercive
functions, in crime prevention, placement,
and investigation operations.
7. Reinforce police
cooperation in the processing and exchange
of pertinent information.
APPENDIX 3
2000-2001
MINIMUM
COMPLEMENTARY WORK PROGRAM FOR THE
INTEGRATION PROCESS
I.
ENVIRONMENTAL CONSERVATION
1. Convene a meeting of
high-level national environmental
authorities in order to conclude
activities oriented towards the adoption
of a strategy on environmental
conservation and sustainable development.
II.
MISCELLANEOUS MATTERS OF IMPORTANCE TO THE
INTEGRATION PROCESS
1. Perfect the Community
strategy for negotiation with the FTAA.
2. Prepare a program of
specific actions to be taken by Andean
Integration System bodies and institutions
to reinforce the integration process and
the Common Market.
3. Design and execute a
program to boost the competitiveness and
complementarity of Andean production
sectors and to help develop new business
in the service sector.
4. Promote strategic
alliances for defining an Entrepreneurial
Promotion Program that would exert an
influence in countries and regions that
have signed commercial and cooperation
agreements with the Andean Community.
5. Intensify the
Community Action Program on Science and
Technology, thereby permitting the growth
of internally generated science, the
promotion of technological innovation, and
the enhancement of public and private
institution efficiency by establishing
international cooperation agreements and
arrangements for that purpose.
6. Disseminate the
challenges and accomplishments of
integration among the Andean nations in
order to create an integration culture,
using the available media for that purpose.
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