Unperfected Treaty No. A–10
Reciprocal Trade Agreement Between the United States of America and the Republic of Colombia, Signed at Washington, December 15, 193329
The President of the United States of America and the President of the Republic of Colombia, desiring to promote trade between the two countries, have arrived at the following reciprocal agreement.
Article I
Articles the growth, produce or manufacture of the United States of America, enumerated or described in Schedule One annexed hereto30 and made a part of this agreement, shall, when imported into the Republic of Colombia, be exempt from customs duties in excess of those set forth in the said schedule. For purposes of this article customs duties are understood to include only charges indicated in the tariff schedule and the respective modifications thereof.
No other or higher duties, taxes, fees, or charges of whatever denomination, other than customs duties, shall be imposed on the importation into the Republic of Colombia of articles the growth, produce or manufacture of the United States of America enumerated or described in Schedule One, than those imposed on the day of the signature of this agreement.
Article II
Articles the growth, produce or manufacture of the Republic of Colombia enumerated or described in Schedule Two annexed hereto30 and made a part of this agreement, shall, when imported into the United States of America, be exempt from all customs duties and import charges. The provisions of this article shall not apply to coffee imported into Puerto Rico.
Article III
The provisions of this agreement shall not apply to such special duties as are or may be required by laws of either Contracting Party to be assessed on importations which are not properly marked to indicate their origin, nor to such special duties as may be required by such laws to be assessed on importations which have been sold at less than the foreign market value, or, in the absence of such value, than the cost of production in the country of origin: Provided, however, [Page 250] that no provision regarding the application of special duties to articles sold at less than the foreign market value, or the cost of production in Colombia shall apply to unroasted coffee originating in the Republic of Colombia and imported into the United States of America.
Article IV
All articles the growth, produce, or manufacture of either Contracting Party after importation into the territory of the other Party shall be exempt from any national or federal taxes or charges other or higher than those payable on like articles of national origin.
Articles the growth, produce or manufacture of the United States of America enumerated or described in Schedule One annexed hereto, shall be exempt from any internal taxes or charges imposed by any Department or Municipality of the Republic of Colombia other or higher than those imposed on like articles of national origin: Provided, however, that this provision shall not apply to those articles the growth, produce or manufacture of the United States of America included in Schedule One which are also enumerated or described in Schedule Three annexed hereto32 and made a part of this agreement. Reciprocally, those articles the growth, produce or manufacture of the Republic of Colombia enumerated or described in Schedule Two annexed hereto, shall, after importation into the United States of America, be exempt from any internal excise or consumption taxes affecting interstate or foreign commerce, other or higher than those imposed on like articles of national origin.
All articles the growth, produce or manufacture of the United States of America enumerated or described in Schedule One annexed hereto shall, after importation into the Republic of Colombia, be exempt from all national and from all Departmental or Municipal taxes or charges other or higher than those in force on the day of the signature of this agreement; and all articles the growth, produce or manufacture of the Republic of Colombia enumerated or described in Schedule Two, shall, after importation into the United States of America, be exempt from all federal excise or consumption taxes; and from all State or Municipal excise or consumption taxes affecting interstate or foreign commerce, other or higher than those in force on the day of the signature of this agreement. However, if any Municipality, Department or State of either Contracting Party has not in force on the day of the signature of this agreement a tax or charge equal to that in force in another Municipality, Department or State of the same Party, said Municipality, Department or State may establish or increase such tax or charge provided that such tax or charge [Page 251] when so established or increased does not exceed the highest tax or charge in force on the day of the signature of this agreement in another Municipality, Department or State of the respective Party.
It is understood that the provisions of the second and third paragraphs of this article apply to any internal excise or consumption taxes imposed within the United States of America which are or may be subject to statutory control by the Federal government in the exercise of its constitutional powers.
In so far as rates and charges for transportation services within either country are imposed or controlled by the respective Contracting Party, goods which are grown, produced, or manufactured in the territory of either of the two countries shall pay within the territory of the other country transportation rates and charges which are not discriminatory as compared with the rates and charges on like goods of domestic origin transported under like circumstances and conditions.
Article V
No prohibition or restriction on importations shall be imposed by either Contracting Party on articles the growth, produce or manufacture of the other Party with respect to which obligations have been assumed under Articles I and II, respectively, of this agreement: Provided, That the foregoing provision shall not apply to prohibitions or restrictions relating to public security; imposed on moral or humanitarian grounds; designed to protect human, animal, or plant life; or applying to prison-made goods and goods the product of forced labor.
Article VI
Unless otherwise provided under constitutional requirements, no administrative ruling by either Contracting Party effecting advances in duties or charges applicable to imports, from the territory of the other Party, shall become operative until at least thirty days after public notice thereof in the usual official manner. The provisions of this article do not apply to administrative orders imposing antidumping duties, relating to sanitation or public safety, or giving effect to judicial or customs courts’ decisions.
Article VII
It is agreed that the United States of America and the Republic of Colombia will grant each other unconditional and unrestricted most-favored-nation treatment in all matters concerning customs duties and subsidiary charges of every kind and in the method of levying duties, and, further, in all matters concerning the rules, formalities [Page 252] and charges imposed in connection with the clearing of goods through the customs.
Accordingly, natural or manufactured products having their origin in either of the countries shall in no case be subject, in regard to the matters referred to above, to any duties, taxes or charges other or higher, or to any rules or formalities other or more burdensome, than those to which the like products having their origin in any third country are or may hereafter be subject.
Similarly, natural or manufactured products exported from the territory of either Party and consigned to the territory of the other shall in no case be subject with respect to exportation and in regard to the above-mentioned matters, to any duties, taxes or charges other or higher, or to any rules or formalities other or more burdensome, than those to which the like products when consigned to the territory of any other country are or may hereafter be subject.
Any advantage, favor, privilege or immunity which has been or may hereafter be granted by either country in regard to the abovementioned matters, to a natural or manufactured product originating in any other country or consigned to the territory of any other country shall be accorded immediately and without compensation to the like product originating in or consigned to the territory of the other Party.
Without prejudice to the provisions of Article V of this agreement, neither Party shall establish any prohibition or maintain any restriction on imports from the territory of the other which is not applied to the importation of any like article originating in any other country. Without prejudice to the provisions of Article V of this agreement, any abolition of an import prohibition or restriction which may be granted even temporarily by either of the Parties in favor of an article of a third country shall be applied immediately and unconditionally to the like article originating in the territory of the other Party.
In the event of rations or quotas being established by either Party for the importation of any article otherwise restricted or prohibited, it is agreed, without prejudice to the provisions of Article V, that in the allocation of the quantity of restricted goods which may be authorized for importation, the other Party will be granted a share equivalent to the proportion of the trade which it would normally enjoy.
Nevertheless, the advantages now accorded or which may hereafter be accorded to other adjacent countries in order to facilitate frontier traffic, and advantages resulting from a customs union which may be concluded by either country shall be excepted from the operation of this article; and this article shall not apply to police or sanitary regulations or to the commerce of the United States of America with the [Page 253] Republic of Cuba, or to commerce between the United States of America and the Panama Canal Zone, the Philippine Islands, or any territory or possession of the United States of America or to the commerce of the territories and possessions of the United States of America with one another.
Subject to the reservations set forth in the preceding paragraph the provisions of this article shall apply to articles the growth, produce or manufacture of any region under the sovereignty or authority of either Party imported from or exported to any region under the sovereignty or authority of the other Party. It is understood, however, that the provisions of this paragraph do not apply to the Panama Canal Zone.
Article VIII
Except as provided in Article VII the provisions of this agreement shall not apply to the Philippine Islands, the Virgin Islands, American Samoa, the Island of Guam, nor to the Panama Canal Zone.
Article IX
Nothing in this agreement shall be construed in any wise to affect any of the provisions of the treaty signed at Bogotá, April 6, 1914, by the United States of America and the Republic of Colombia.33
Article X
The two Contracting Parties declare that the purpose of this agreement is to grant mutual and reciprocal concessions and advantages for the promotion of commercial relations between the two countries; and that each and every one of the provisions contained herein shall be complied with and interpreted in accordance with this spirit and intention.
Article XI
The present agreement shall come into force on the day on which the President of the United States of America and the President of the Republic of Colombia shall have notified each other that all the legislative and administrative steps necessary for the strict fulfillment of all of the provisions of this agreement have been taken. The present agreement shall remain in effect for two years from the day on which it shall have become operative. It is agreed that if either of the parties does not inform the other in writing on six months’ prior notice of its intention to terminate this agreement, it shall continue in effect until six months from the day upon which one of the Parties [Page 254] shall have informed the other in writing of its intention to terminate it.
In witness whereof the respective Plenipotentiaries have signed this agreement and have affixed their seals hereto.
Done in duplicate, in the English and Spanish languages, both authentic, at the City of Washington, this 15th day of December, 1933.
For the President of the Republic of Colombia: