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TRADE AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND [1970] INTSer 8

TRADE AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND
THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA

Bogota, 14 July 1970

The Government of India and the Government of the Republic of Colombia;

REAFFIRMING the traditional ties of friendship existing between their peoples;

ACTUATED by common desire to facilitate and raise to the highest possible level commercial and cooperative relations between the two countries;

HAVE agreed as follows :

Article I

The Contracting Parties shall contribute by all means at their disposal to increase trade between both countries in accordance with their respective laws and regulations on foreign trade and exchange.

Article II

Each Contracting Party agrees to grant to the other Party the maximum facilities possible, for the import into its territory of the natural and manufactured products originating in the territory of the other Party, and for the export of its own products to the territory of the other Party. For this purpose, the Contracting Parties will periodically exchange lists of goods available for export from the two countries and will give wide publicity to such lists.

Article III

The Contracting Parties shall grant each other in all matters relating to trade, treatment no less favourable than that granted or which may be granted to any third country.

Article IV

The treatment referred to in Article III will be applied in all matters relating to customs duties and taxes, internal taxation and any other taxes on the transformation, circulation and consumption of imported goods. It will also be applied to administrative proceedings rights of any kind appraisement systems of grant of treatment, concessions or payments of foreign exchange regulation of traffic, transportation and distribution.

Article V

The provisions of Article III and IV shall not apply :

(a) to the advantages and facilities resulting from a customs union or a free trade area which any of the Contracting Parties has joined or may join;

(b) to the advantages and facilities that the Republic of Colombia grants or may grant in the future of its bordering countries as well as those which are being granted or may be granted in the future to a country or a group of countries as a result of original and sub-regional economic arrangements;

(c) to the advantages and facilities accorded by India to certain countries until the date of this Agreement;

(d) to the advantages and facilities that India grants or may grant in the future to an adjoining country for the importation in its territory of agricultural and industrial commodities as well as for the exportation of agricultural and industrial products originating in the territories of the parties in favour of those adjoining countries as well as those which are being granted or may be granted inthe future to a country or group of countries as a result of regional or sub-regional economic arrangements; and

(e) to the advantages and facilities that one of the Contracting Parties grants or may grant in the future by virtue of multilateral economic arrangements designed to liberalise conditions of international commerce.

The exceptions provided for in this Article shall be governed by the obligations undertaken by either Contracting Party under treaties or international arrangements to which both India and Colombia are parties.

Article VI

The Contracting Parties will not take any discriminatory measures which result in an increase in the prices of goods traded between two countries.

Article VII

The export of Colombian goods to India and Indian goods to the Republic of Colombia shall be subject to the prevailing export and foreign exchange regulations in each exporting country at the time.

The import of Indian goods into the Republic of Colombia and Colombian goods into India shall be subject to the prevailing import and foreign exchange regulations in each importing country at the time.

Article VIII

The execution of commercial contracts made in accordance with the provisions of this Agreement shall not involve the responsibility of either Government or of other persons, physical or juridical, except when they are parties to such contracts.

Article IX

With due regard to Colombian Legislation, Indian citizens and juridical persons shall enjoy in respect of the protection of their persons andproperties and same treatment as is accorded to the citizens and juridical persons of any other country, for the exercise of their commercial activities in the teritory of the Republic of Colombia either directly or through their appointed representatives subject to the same conditions that such activities are allowed by Colombian laws and regulations.

Article X

With due regard to Indian legislation, Colombian citizens and juridical persons shall enjoy in respect of the protection of their personal properties, the same treatment as is accorded to citizens and juridical persons of any other countries, for the exercise of their commercial activities in the territory of India, either directly or through their appointed representatives subject to the same conditions that such activities are allowed by Indian laws and regulations.

Article XI

Subject to laws and regulations in force in both countries, the merchant ships belonging to either of the two Contracting Parties shall enjoy, in respect of all matters relating to navigation,free entry into the ports, open to foreign trade, use of port facilities, loading and unloading dues, taxes and other facilities, a treatment in no way less favourable than the treatment accordeed to ships of any other foreign country except that any concessions accorded to ships engaged in the internal coastal trade of either party shall not be available under this Article to the other Party.

Article XII

Both Contracting Parties considering that the existence of adequate and economic shipping facilities is an indispensable element in the promotion of trade exchanges between the two countries, agree to take all possible measures to promote fruitful co-operation between the two countries in shipping matters.

Article XIII

The Contracting Parties shall enter into consultation periodically and give all consideration to suggestions that may be made for the balanced development, diversification and expansion of commerce.

Article XIV

This Agrement shall come into force on the date of exchange of the Instruments of Ratification which shall take place in the city of New Delhi.

Article XV

This Agrement shall remain in force for a period of three years. In case neither Government has given to the other Government at least ninety (90) daysí notice of its intention to terminate the Agreement before the expiry of the aforesaid three-year period it shall continue in force for successive periods of one (1) year at a time. The Government of either Contracting Party may give to the othr at least ninety (90) days before the expiration of one of the aforesaid periods, notice of intention to terminate the Agreement.

DONE in Bogota on the 14th July, of the year 1970 in triplicate, in Hindi, English and the Spanish languages, all the three texts being equally authentic.

Sd/- Sd/-
For and on behalf of the For and on behalf of the
Government of India Government of Colombia


India Bilateral

Ministry of External Affairs, India


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