Good morning. It is a real
pleasure to be in Ottawa to
present the Andean Community and
to jointly explore, with such a
distinguished audience,
opportunities to enhance our trade
and economic ties with Canada.
This year marks
the 30th Anniversary of the Andean
Community and there is much to
celebrate. The Andean Community
has made historic strides in these
30 years and especially during
this decade. The recent peace
agreement between two of our
Member States, Peru and Ecuador,
paves the way for future progress
in the integration process. Today,
I can confidently state that the
Andean Community is the most solid
and sophisticated integration
project in our hemisphere.
My presentation
will focus on the institutional
and legal framework of the Andean
Community and our perspectives for
the future. Nevertheless, I would
like to begin by highlighting some
of our most important achievements.
The Andean
Community's Main Accomplishments
Perhaps our
most important achievement is the
creation of a Free Trade Area.
Trade among the Andean countries
grew 300% between 1990 and 1998. A
unique feature of the trade within
the Andean Subregion is the heavy
predominance of manufactured goods,
which account for almost 90% of
the total.
In 1998, the
value of intra-Andean trade
exceeded 5 billion United States
dollars and there is evidence that
suggests that integration helped
ameliorate the effects of the
global economic crisis. For
instance, while Andean exports to
the rest of the world fell
dramatically in 1998, intra-Andean
trade remained stable.
Trade expansion
also has been accompanied by a
surge of foreign investment and
has given rise to significant
investment flows among the Member
States. Andean enterprises have
forged numerous strategic
alliances to take advantage of the
expanded market.
In addition to
the Free Trade Area, we are
consolidating our Common External
Tariff, which is currently applied
by the majority of our Member
States. Furthermore, we have
adopted common disciplines in such
diverse areas as intellectual
property, transportation,
competition, customs procedures,
rules of origin, sanitary measures,
technical standards, foreign
investment, among others.
These
achievements have been possible
largely because the Andean
Community also has a solid
institutional and legal framework.
The Andean Community's
Institutional and Legal Framework
The highest-level,
political body of the Andean
Community is the Andean
Presidential Council, comprised of
the Heads of States of the five
Member Countries. The Andean
Presidential Council oversees the
integration process and provides
political guidance by issuing
Directives.
The Andean
Council of Foreign Ministers and
the Andean Commission - comprised
of the Ministers of Trade and
Industry - are policymaking bodies.
They also legislate by adopting
laws, called Decisions, that are
directly and immediately
applicable throughout the five
Member States. Moreover, Andean
Decisions prevail over domestic
legislation.
The General
Secretariat is the executive body
of the Andean Community. As a
supranational body, it acts only
according to the interests of the
subregion as a whole. The General
Secretariat's responsibilities
include providing technical
assistance to the Member States,
issuing binding rules called
Resolutions, proposing draft
legislation to the Council of
Foreign Ministers and the
Commission, and ensuring
compliance with Andean Community
Law.
The judicial
body of the Andean Community is
the Andean Court of Justice. It is
comprised of one judge from each
Member State and it sits
permanently in Quito, Ecuador. The
Andean Court of Justice has
jurisdiction over two types of
claims: those alleging that a
Member State is violating Andean
Community Law and those seeking to
invalidate a Resolution or a
Decision.
Claims alleging
a violation may be filed by a
Member State or by the General
Secretariat. Private parties can
seek redress through the General
Secretariat. Prior to filing this
type of claim with the Andean
Court of Justice, the General
Secretariat must first issue an
administrative ruling. Those
claims alleging that a Resolution
or Decision is invalid may be
filed by a Member State, the
General Secretariat or directly by
private parties.
The Andean
Court of Justice plays another
important role. Whenever a
domestic court must apply Andean
Community Law, it must first
request the interpretation of the
Andean Court of Justice. This
ensures that Andean Community Law
is applied uniformly throughout
the five Member States.
Amendments to
the Andean Court of Justice's
Treaty, adopted under the
Cochabamba Protocol, will soon
enter in force. Among other things,
the amendments will expand the
Andean Court of Justice's
jurisdiction, they will create
arbitration procedures, and they
will allow private parties to
directly file claims alleging that
a Member State is violating Andean
Community Law.
Thanks to these
procedures, the Andean Community
is characterized by a high-degree
of legality and transparency. In
turn, this affords exporters and
importers the legal security that
their investments require.
The Andean
Community also includes the Andean
Parliament - its deliberative body,
the Andean Development Corporation
and the Latin American Reserve
Fund its financial institutions,
the Business and Labor Advisory
Councils, the Simon Bolivar Andean
University, and various Social
Agreements responsible for
promoting integration in specific
fields.
Looking Ahead
As we approach
the next millennium, the Andean
Community is setting new goals for
itself. The first goal is the
creation of an Andean Common
Market. This will require ensuring
the free movement of goods,
services, capital and labor.
We have already
agreed on the free movement of
goods. Also, last year the
Commission adopted a framework for
the liberalization of the trade in
services. Under this framework,
all services must be completely
liberalized by the year 2005. The
Andean Community is already
carrying out negotiations in
strategic sectors such as
financial and value-added
telecommunications services.
Discussions
regarding the movement of capital
and labor have already begun. With
respect to the movement of
capital, I want to highlight that
the Andean Advisory Council of
Ministers of Finance, Central Bank
Presidents, and Officials
Responsible for Economic Planning
has met twice to discuss the
harmonization of macroeconomic
policies. They will soon meet for
a third time to continue
discussions on this important
topic.
In addition to
moving toward a Common Market, we
also hope to launch a Common
Foreign Policy at the next
Presidential Summit that will take
place this upcoming May. In fact,
the Andean Council of Ministers of
Foreign Affairs has been working
intensely in this area and they
have already agreed on the general
principles and objectives.
We hope to move
swiftly in our trade negotiations
with other countries and economic
blocks. The Andean Community has
been participating actively in the
negotiations toward a Free Trade
Area of the Americas (FTAA). I
should note that in these
negotiations the five Andean
countries are participating as a
block with a single voice.
As you may be
aware, the Andean Community is
also negotiating as a block with
Mercosur. These negotiations are
very complex. However, the
situation has changed recently
when Brazil offered to negotiate
individually with the Andean
Community. We have accepted
Brazil's offer and have proposed
dates for an initial meeting. We
have also conveyed to Argentina,
Uruguay and Paraguay, our interest
in moving forward in the
negotiations with them as well.
It is also
important to stress the Andean
Community's commitment to a global
economic system that is open to
trade and investment. The Andean
countries are Members of the World
Trade Organization (WTO) and will
actively participate in future
multilateral trade negotiations
such as the Millennium Round.
The Trade and
Investment Arrangement currently
being discussed between the Andean
Community and Canada will provide
an appropriate framework to pursue
this goal.
I would like to
conclude by taking this
opportunity to pledge the General
Secretariat's full support for all
the initiatives that seek to
enhance trade and economic ties
between the Andean Community and
Canada.
Thank you.