Identifier
Created
Classification
Origin
09LAPAZ766
2009-05-29 12:02:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy La Paz
Cable title:  

BOLIVIA'S BILATERAL FRAMEWORK AGREEMENT PROPOSAL

Tags:  PGOV PREL PHUM EAID ODIP OPDC OEXC SNAR BL 
pdf how-to read a cable
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RHEFDIA/DIA WASHINGTON DC
RUEHLMC/MILLENNIUM CHALLENGE CORP
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

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)

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Begin Text:
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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

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