BOLIVIA'S BILATERAL FRAMEWORK AGREEMENT PROPOSAL

UNCLAS SECTION 01 OF 05 LA PAZ 000766 SENSITIVE SIPDIS PASS TO USTR BHARMAN PASS TO ONDCP PWARD E.O. 12958 TAGS: PGOV PREL PHUM EAID ODIP OPDC OEXC SNAR BL SUBJECT: BOLIVIA'S BILATERAL FRAMEWORK AGREEMENT PROPOSAL ¶1. (SBU) Paragraph two contains the Embassy La Paz translation of the proposed Framework Agreement presented by the Bolivian Government for consideration at the May 20-21 bilateral dialogue. A point of clarification in Article III, Section 1: the Bolivian Government intends "State to State" to exclusively mean U.S. Government to the executive branch of the Bolivian National Government. ¶2. (SBU) -------------- Begin Text: -------------- Framework Agreement for Mutually Respectful Bilateral Relations between the Plurinational State of Bolivia and the Government of the United States of America PREAMBLE The Governments of the Plurinational State of Bolivia and of the United States of America, expressing their decision to re-launch their bilateral relations in the 21st century; Considering that complementariness between the peoples is essential to promote world peace and sustainable development; Reaffirming the principle of equality of rights between the States; Recognizing that between the two countries there are economic and social asymmetries that require differentiated treatments; Convinced that the political dialogue between Governments contributes to establishing spaces for agreement that respect different visions; Reiterating our shared responsibility in the fight against narcotics trafficking; Committed with the strengthening of our trade relations; The Governments of the Plurinational State of Bolivia and of the United States of America, hereinafter the Parties, agree on the following: ARTICLE I PRINCIPLES The principles governing this Framework Agreement are: ¶1. Unrestricted respect for the sovereignty, territorial integrity and inviolability of the States; ¶2. Respect for the Rule of Law and the internal legal order established fundamentally by the Political Constitution of the Plurinational State of Bolivia and by the Constitution of the United States of America; ¶3. Full respect for the free determination of the peoples; ¶4. Non-interference in internal affairs; ¶5. Full recognition to the legally elected Governments who represent the State Parties; ¶6. Absolute respect for fundamental rights and human rights; ¶7. Respect for the diversity of political, economic, social and cultural approaches; ¶8. Promotion of peace and non-violence; ¶9. Social justice for an equitable development; ¶10. Harmony with the nature for a sustainable development. ARTICLE II SCOPE AND OBJECTIVES LA PAZ 00000766 002 OF 005 The scope of this Framework Agreement refers to political dialogue, shared responsibility in the fight against the narcotics trafficking, cooperation, and trade strengthening between the Parties. The objectives of this Framework Agreement are: ¶1. To strengthen and deepen the bilateral relations within the framework of the aforementioned principles; ¶2. To promote the human, economic and cultural development in harmony with nature; ¶3. To work for the reduction of economic and social asymmetries between the Parties; ¶4. To strengthen the trade relations between the Parties; ¶5. To strengthen the fight against the narcotics trafficking within the framework of shared responsibility between the parties; ¶6. To promote all the necessary actions for the effective compliance with the Extradition Treaty in effect between the parties. ARTICLE III GUIDELINES ¶1. All cooperation actions between the parties will be carried out from State to State; ¶2. All cooperation actions must reinforce the national development strategies and the operation frameworks of the Parties; ¶3. The cooperation will be aligned with the norms, priorities, systems and procedures of the receiving Party, conducting its programs and projects within the policies and strategies of its development plans; ¶4. The receiving State will define the public, private, mixed or non-governmental organizations that will manage and/or implement the agreed cooperation actions; ¶5. In order to reach the maximum possible performance of cooperation actions, duplicity of efforts must be eliminated by rationalizing donor activities; ¶6. All cooperation actions with resources provided by the donor Party must be previously channeled, coordinated, and authorized by the Government of Receiving Party for such actions to be not considered interference in internal affairs; ¶7. All information relating to cooperation actions through public, private, mixed, or non-governmental organizations will be transparent, of public domain, and fully accessible by anyone requesting such access; ¶8. The establishment and application of internal regulation, oversight, and control norms on the cooperation actions is an exclusive faculty of receiving Party. ARTICLE IV AREAS OF COOPERATION The cooperation areas will include the actions that contribute to: ¶1. Human development: education, health, poverty, basic services, migration; ¶2. Economic development: production, employment, infrastructure, energy, science, and technology; ¶3. Harmony with the nature: climate change, environment, pollution, risk management; ¶4. Development of the cultures: cultural patrimony, cultural literacy, inter-culturalism; ARTICLE V MEANS The implementation of cooperation will be implemented by means of specific agreements in the different areas identified in Article IV and will implemented by means of programs and projects, technical and financial assistance, scholarships, studies, education, exchange of information and technical knowledge, research, infrastructure LA PAZ 00000766 003 OF 005 development, transference of technology, use of new financial mechanisms, or by any other means agreed upon by the Parties. ARTICLE VI SHARED RESPONSIBILITY IN THE FIGHT AGAINST NARCOTICS TRAFFICKING On the basis of the principle of shared responsibility and of integrated, balanced and multilateral treatment, the Parties agree to work jointly in the fight against drug trafficking to prevent, combat, and reduce the production, trafficking, and use of illicit drugs. In this task, the Parties will mutually complement and coordinate their efforts with the neighboring Governments of the region, and with the specialized entities of UNASUR, O.A.S., the European Union, and the United Nations. The contribution of resources to be carried out within the framework of shared responsibility in the fight against narcotics trafficking will have to comply with the guidelines established in Article III. ARTICLE VII TRADE The Parties will foster the development and diversification of trade, especially of those goods that have higher value added through differentiated treatments that take into account the existing asymmetries between the Parties. The strengthening of asymmetric trade between the Parties will include activities of promotion, commercial facilitation, and negotiation of trade agreements within the framework of the legal order effective in each of the Parties. ARTICLE VIII MECHANISMS In order to implement this Framework Agreement, a Mechanism for Political Dialogue, a Mixed Commission for Cooperation, a Commission for Shared Responsibility in the Fight against Drug Trafficking, and a Commission for Trade Strengthening are created, which will meet alternatively in both countries, in dates to be decided through diplomatic channels. a) The Mechanism for Political Dialogue will be in charge of: ¶1. Analyzing the status of the bilateral relations and proposing the necessary steps for their strengthening; ¶2. Exchanging points of view on the hemispheric and international situation; ¶3. Addressing any other subjects that the Parties consider pertinent; ¶4. Solving the controversies that may arise in the bilateral relations and those relating to the interpretation or implementation of this Framework Agreement. The Mechanism for Political Dialogue will meet at least once every two years and, by agreement of both Parties, at the level of: 1) Chiefs of State, 2) Ministers, 3) Senior Officials. b) The Mixed Commission for Cooperation, to guarantee the application of Article III of this Framework Agreement, will be in charge of: ¶1. Identifying specific areas of cooperation; ¶2. Identifying programs and projects; ¶3. Defining resources allocation; ¶4. Identifying geographic action areas; ¶5. Considering tentative institutions to implement programs and projects; LA PAZ 00000766 004 OF 005 ¶6. Assessing the effective implementation of programs and projects; ¶7. Recommending necessary modifications for the fulfillment of programs and projects. The Mixed Commission will meet at least once every year and, by agreement of both Parties, at the level of: 1) Ministers, 2) Senior Officials. c) The Commission for Shared Responsibility in the Fight against Drug Trafficking, to guarantee the application of Article III of this Framework Agreement, will be in charge of: ¶1. Agreeing on the programs, projects and areas of action; ¶2. Defining the allocation of resources; ¶3. Considering the tentative institutions to implement the programs and projects; ¶4. Assessing the effective implementation of programs and projects; ¶5. Recommending necessary modifications for the fulfillment of programs and projects. The Commission for Shared Responsibility in the Fight against Drug Trafficking will meet at least once every year and, by agreement of both Parties, at the level of: 1) Ministers, 2) Senior Officials. d) The Commission for Trade Strengthening will be in charge of: ¶1. Identifying the actions that tend to strengthen commerce between the parties; ¶2. Promoting trade negotiations and agreements on the basis of a differentiated treatment that takes into account the existing asymmetries between the parties. The Commission for Trade Strengthening will meet at least once every year and, by agreement of both Parties, at the level of: 1) Ministers, 2) Senior Officials. ARTICLE IX VALIDITY, DENUNCIATION, AMENDMENTS, AND CONTROVERSIES ¶1. This Framework Agreement will become effective on the date each Party announces to the other the fulfillment of the internal legal requirements for such effect. ¶2. This Framework Agreement can be denounced by means of a diplomatic note by any of the Parties and its effects will cease six months after the denunciation. The programs and projects being implemented will not be affected by the denunciation, unless the Parties decide on the contrary. ¶3. This Framework Agreement can be amended or modified by the mutual consent of the Parties. The amendments or modifications will become effective once the requirements established in the domestic norms of each Party are met. ¶4. Any controversy regarding the interpretation or implementation of this Framework Agreement will be solved by means of negotiations between the Parties, through diplomatic channels. ARTICLE X FINAL PROVISION The agreements currently effective between the Parties will have to be adjusted to what is established by this Framework Agreement. This Framework Agreement, signed in the city of La Paz, on date ..........., in four original documents, two in Spanish and two in English, replaces any other similar agreement previously subscribed by the Parties. BY THE GOVERNMENT OF THE PLURINATIONAL STATE BOLIVIA LA PAZ 00000766 005 OF 005 BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA -------------- End Text -------------- URS