TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12990
Supplemental Memorandum Between the
UNITED STATES OF AMERICA
Signed at Washington October 28, 1998
NOTE BY THE DEPARTMENT OF STATE
Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—
“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”
Supplemental memorandum signed
at Washington October 28, 1998;
Entered into force October 28, 1998.
THROUGH WHICH MECHANISMS ARE ESTABLISHED FOR IMPLEMENTING
THE JULY 24, 1990, MEMORANDUM OF UNDERSTANDING
BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA
CONCERNING THE TRANSFER OF FORFEITED ASSETS
I. STATEMENT OF PURPOSE
This Memorandum is designed to provide specific guidelines for the transfer -- pursuant
to the July 24, 1990, Memorandum of Understanding between the Government of the United
States of America and the Government of the Republic of Colombia ("1990 MOU") -- of
forfeited assets or proceeds derived from illicit narcotics trafficking or any other crime related
to this activity.
The July 24, 1990, Memorandum of Understanding authorized the United States of
America to transfer to the Republic of Colombia (hereinafter "the Parties") assets that the
United States of America forfeits with the assistance of the Republic of Colombia. That
Memorandum recognized the desire of the Parties to "improve the effectiveness of law
enforcement in both countries related to the suppression of narcotics trafficking, and the
investigation, prosecution, and forfeiture of property and proceeds of narcotics trafficking."
This document supplements the 1990 MOU by providing specific mechanisms for the
transfer by the United States of America of forfeited assets, with the objective of facilitating
the coordination and review by the Parties of the delivery of these assets and their effective use
and administration by the Republic of Colombia in the fight against illicit drug trafficking and
The provisions of this document establish the mechanisms, to the extent permitted by
the internal laws of the Parties, to be employed for the transfer of forfeited assets pursuant to
the July 24, 1990, agreement, until such time as an agreement can be reached providing for
reciprocal sharing of assets from forfeitures achieved by either of the Parties.
The Parties remain committed to presenting, negotiating and concluding a Bilateral
International Cooperation Agreement about seizure, forfeiture, and sharing of assets that is
reciprocal in nature.
II. GUIDELINES FOR THE USE OF SHARED ASSETS
In order to promote the most effective use of transferred assets, the Parties shall
establish a Bilateral Committee comprised of high level officials representing the Colombian
Ministerio de Justicia y del Derecho, Ministerio de Hacienda y Crédito Publico, Fiscalia
General de la Nación, Policia Nacional (DIJIN), Dirección de Impuestos y Aduanas Nacionales
(DIAN), Instituto Nacional Penitenciario y Carcelario (INPEC), Departamento Administrativo
de Seguridad (DAS), Dirección Nacional de Estupefacientes, and the United States
Departments of Justice and Treasury; to determine what anti-narcotic trafficking projects and
initiatives should be funded with assets to be transferred to Colombia as the result of the
forfeiture by the United States of America of property derived from the illicit traffic of
narcotics or any other crime related to that activity.
The Bilateral Committee shall designate a written List of specific law enforcement
projects for the Colombian entities covered in this document. The List of Bilateral Committee-
Approved Projects is to include descriptions of the proposals for each project enumerated to be
financed with forfeited assets.
In the course of their implementation, the projects may be revised by reformulations
agreed to by the Parties, without prejudice to the mechanisms established herein for the
purposes of accounting, auditing, maintenance, and sustainment.
The Parties accept that projects financed with transferred assets pursuant to the 1990
MOU shall be used solely and exclusively by the entities contained in this document for the
purpose of implementing the projects previously agreed upon and approved by the Bilateral
Committee. These Colombian entities are: the Ministerio de Justicia y del Derecho, the
Ministerio de Hacienda y Crédito Publico, the Fiscalia General de la Nación, the Policia
Nacional (DIJIN), the Dirección de Impuestos y Aduanas Nacionales (DIAN), the Instituto
Nacional Penitenciario y Carcelario (INPEC), the Departamento Administrativo de Seguridad
(DAS), and the Dirección Nacional de Estupefacientes.
III. GUIDELINES FOR RECORD MAINTENANCE, REPORTING, AND REVIEW
OF PROJECTS FINANCED WITH TRANSFERRED ASSETS
The Ministerio de Justicia y del Derecho of the Republic of Colombia is responsible for
the monitoring and evaluation of the projects authorized and approved by the Bilateral
Committee. In addition, the Ministerio de Justicia y del Derecho is responsible for presenting
the periodic reports of the development, progress and termination of said projects. These
reports shall serve as the basis for keeping the Bilateral Committee informed about the
development of the projects according to their specified terms. These reports from the
Ministerio de Justicia y del Derecho will be presented to the Bilateral Committee within 30
days of the first transfer following the signing of this document and, thereafter, every three
months on the first day of each month.
The Ministerio de Justicia y del Derecho is to maintain monthly statements identifying
the date, case, and value of each transfer, and specifying the projects funded. These statements
also shall include the amount and date of any payment or further disbursement of funds
transferred to the entities identified in this document, as well as the name, address, and
telephone of all persons, businesses or entities to which such payments or disbursements were
made. In addition, the statements shall indicate the value of the balance remaining from each
transfer from the United States of America. These monthly statements shall be included in the
quarterly reports presented to the Bilateral Committee.
In order to facilitate the preparation of the required records and to ensure their
consistent creation and preservation, the Parties understand that a portion constituting not less
than U.S.$100,000 of the first funds to be transferred under these guidelines shall be designated
for the purpose of hiring such personnel and procuring such equipment as may be necessary to
prepare, create, and preserve records of the projects for which shared assets are used and to
determine the effectiveness of the projects. Upon the approval of the Bilateral Committee, the
Ministerio de Justicia y del Derecho may designate additional shared funds to be allocated for
this purpose, as may become necessary. Should these accounting mechanisms reveal a surplus
balance, the same shall be distributed proportionally among the Colombian entities identified
in this document.
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IV. GUIDELINES FOR TRANSFER OF ASSETS
Once the United States of America and the Republic of Colombia have agreed upon the
projects and initiatives to be funded, the Government of the United States of America may
transfer to the Government of the Republic of Colombia, in accordance with the internal laws
and policies of both countries, funds, services, or property representing an equitable share of
property forfeited with the assistance of Colombian authorities. At the time of the transfer of
any such assets, the authorities transferring and receiving the property shall inform the Bilateral
Committee of the transfers.
The United States of America may, at its discretion, choose to transfer the assets in
installments following the Bilateral Committee's receipt and review of the periodic statements
and reports prepared by the Ministerio de Justicia y del Derecho.
The Parties acknowledge that the United States of America may suspend the transfer of
all or part of such assets as may be required by United States law or policy, or to the extent that
the projects to be funded are determined to be ineffective, or in the event that the Bilateral
Committee does not receive adequate information to conduct its reviews.
This document establishes the procedures to implement the 1990 MOU and to promote
mutual assistance between the Governments of the United States of America and Colombia.
The parties understand that the present document does not affect other areas of
cooperation that currently exist between the two countries. As a result, its clauses do not create
rights in any private person and is not intended to benefit third parties.
This Memorandum shall enter into force on the date of signature by both parties.
Done in duplicate, at Washington, D.C. in the English and Spanish languages, both
texts being equally authentic, this 28th day of October of 1998.
FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA
FOR THE GOVERNMENT OF
THE REPUBLIC OF COLOMBIA