LAW 43 OF 1993
Official Gazette No. 40735 of 1 February 1993
Through which the rules governing the acquisition, renunciation, loss and recovery of established Colombian nationality; seventh paragraph of Article 40 of the Constitution is developed and other provisions. Summary
THE CONGRESS OF COLOMBIA,
DECREES: CHAPTER I.
ARTICLE 1o. They are Colombian nationals in accordance with Article 96 of the Constitution:
1. By birth:
a. The natives of Colombia, one of two conditions: that the parent have been natives or Colombian nationals or, being children of foreigners, a parent is domiciled in the Republic at the time of birth;
B. The children of a Colombian father or mother who were born abroad and then domiciliaran land in the Republic.
2. For adoption:
a. Foreigners who apply for and obtain a certificate of naturalization under this Act;
B. Latin American and Caribbean by birth domiciled in Colombia with government authorization and in accordance with the law and the principle of reciprocity, request to be registered as Colombians in the municipality where they reside;
C. Members of indigenous peoples who share border areas, with application of the principle of reciprocity according to public treaties for that purpose are held and duly perfected.
COLOMBIAN NATIONALITY BY BIRTH.
. REQUIREMENTS FOR THE ACQUISITION OF COLOMBIAN NATIONALITY BY BIRTH. Colombia are natural born within the limits of the national territory as was indicated in Article 101 of the Constitution, or in places assimilated from outside the national territory in accordance with international treaties or international custom.
For children born abroad, the Colombian nationality of the father or mother is defined in the light of the principle of dual nationality according to which "the quality of Colombian nationality is not lost by the acquisition of another nationality".
By domicile it is the residence in Colombia together with the intention of remaining in the country in accordance with the relevant provisions of the Civil Code.
ARTICLE 3. TEST OF NATIONALITY. For all legal purposes will be considered as evidence of Colombian nationality, citizenship card for over eighteen (18) years, the identity card for over fourteen (14) years and under eighteen (18) years or the birth certificate for children under fourteen (14) years, issued under the organization and direction of the National civil registry, accompanied by proof of address as appropriate.
PARÁGRAFO. However, people who have met the conditions set out in Article 96 of the Constitution to be Colombian by birth and has not been issued with documents proving nationality, in accordance with what is stated in this article may, only for purposes renounce Colombian nationality, by submitting an application accompanied by documentation that permits a finding that the person is a Colombian national and compliance with the requirements of the said article of the Constitution. Effective Notes
COLOMBIAN NATIONALITY BY ADOPTION.
ARTICLE 4. DEFINITION AND COMPETITION. Naturalization is a sovereign and discretionary act of the President of the Republic, under which Colombian nationality who request it and meet the requirements for this purpose have the Constitution and laws is granted. The President of the Republic hear applications for naturalization, recovery of Colombian nationality and cases of resignation. These functions may be delegated to the Ministry of Foreign Affairs.
The 5th ITEM. REQUIREMENTS FOR THE ACQUISITION OF COLOMBIAN NATIONALITY BY ADOPTION. You may be issued only Charter of Nature or Registration Resolution:
to paragraph a) of paragraph 2 of Article 96 of the Constitution that during the five (5) years immediately preceding the date of filing of the application have been domiciled in the country as regards continuous and abroad resident visa holder. In the event that foreign mentioned are married, or are permanent co-Colombian national, or have Colombian children, the term of continuous residence is reduced to two (2) years. Effective Jurisprudence
A Latin American and Caribbean by birth who during the immediately preceding the date of filing of the application year, have been domiciled in the country on an ongoing basis, taking into account the principle of reciprocity by international treaties. Effective Jurisprudence
The children of foreigners born in the Colombian territory to which no state recognizes their nationality, proof of nationality is the birth certificate without requirement of domicile. However, it is necessary that foreign parents accredited certification through the diplomatic mission of their country of origin that that country does not grant citizenship from parent to child by blood. PARAGRAPH 1.
. The above provisions shall apply without prejudice to what is established thereon nationality in international treaties in which Colombia is a party. PARAGRAPH 2.
. For purposes of this article understood that foreigners are domiciled when the national government issues them the respective Resident Visa. Therefore, the terms of address counted from the issuing of that visa. PARAGRAPH 3.
. In accordance with the provisions of Article 20 of the Pact of San José de Costa Rica, the Convention on the Rights of the Child and Article 93 of the Constitution, the children of foreigners born in Colombian territory to which no state them recognize the nationality, be Colombians and will not be required proof of residency, and in order to prove that no other state recognizes their nationality declaration of the diplomatic or consular mission of the State of the nationality of the parents is required. Effective Notes
ARTICLE 6o. INTERRUPTION OF ADDRESS. The absence of Colombia for a term not less than one (1) year, interrupts the period of continuous residence required by the preceding article.
Only the President of the Republic with the signature of the Minister of Foreign Affairs may reduce or waive the term of address in subparagraphs a) and b) of the previous article, when in his judgment it is considered a convenience to Colombia.
Also waive the requirements set forth in Article 9 of Law 43 of 1993, when in his judgment it deems convenience for Colombia. It exempted from this provision as stated in paragraphs 1 and 5 of that article. Effective Notes
ARTICLE 7. ENTRY AND STAY OF FOREIGNERS IN THE COUNTRY. The conditions of entry and stay of foreigners in the country, will be credited by the Administrative Department of Security, DAS.
Article 8. FILING. Requests for Nature Charter be submitted to the Ministry of Foreign Affairs or the Governorates. Applications for registration of Latin American and Caribbean by birth shall be made to the mayors of their homes or to the Ministry of Foreign Affairs. Applications submitted to the governors or the mayors will be forwarded to the Ministry of Foreign Affairs for its decision. Effective Notes
Article 9. DOCUMENTATION. For the issue of the Charter of Nature or resolution of Registration as Colombians by adoption abroad must submit the following documents:
Memorial addressed to the Minister of Foreign Affairs requesting Colombian nationality, with their respective motivation.
Accreditation satisfactory knowledge of the Castilian language, when he is not their mother tongue. For Indians who share border areas who speak one or more of the official indigenous languages of Colombia, it will not be required knowledge of the Castilian language. It is also exempted from this requirement prove to those who have completed high school or university in Colombia and people over sixty-five (65) years.
Accreditation basic knowledge of the Constitution of Colombia and general knowledge of national history and geography of Colombia. Exempted from this requirement prove to those who have completed high school or university in Colombia and people over sixty-five (65) years.
Accreditation profession, activity or trade practices in Colombia with a certificate issued by competent authority.
Accreditation by appropriate document, place and date of birth of the applicant.
Marriage Registry Office in Colombia valid if the applicant is married (a) with Colombian (o), or the judgment handed down by the family court judge to test the conformation of the marital union.
Birth registration of children born in Colombia, if applicable.
Photocopy of the certificate of Immigration. PARAGRAPH 1.
. The petitioner can not prove some of the requirements outlined in this article must accompany the application for naturalization a letter explaining the reasons preventing him from doing so, to the Ministry of Foreign Affairs who in his opinion deemed to authorize the submission of evidence extra case. PARAGRAPH 2.
. People who obtain Colombian citizenship define their military situation in accordance with national legislation, unless demonstrate that they have defined the situation under the law of their country of origin. PARAGRAPH 3.
. Knowledge tests can not be done with multiple-choice questions.
PARÁGRAFO 4o. If the alien loses knowledge tests, these may be repeated six (6) months after the date of submission of initial tests as long as the person concerned written notice to the Ministry of Foreign Affairs requesting repeat.
PARÁGRAFO 5O. According to the Ministry of Foreign Affairs it is you can make the applicant an interview by officials of the Legal Advisory Office (Area of nationality). Effective Notes
Article 9. BIS. THE EVALUATION COMMITTEE. Governors will organize an Evaluation Committee, which shall consist of the Secretary of Education and the Secretary or General Counsel, or their delegates, and a professor of Castilian of the highest category in the roster, which will be appointed by the Governor respective. Such Committee shall be as practice, foreigners applying for citizenship, tests on knowledge of Castilian language, of the Constitution of Colombia, Patria History and Geography of Colombia.
ITEM 10. REPORT ON THE APPLICANT. The Foreign Ministry official may request the relevant authority, the information needed to have complete knowledge about the history, activities of the applicant and other information relevant for the purposes of this law. The Ministry will ask the Administrative Department of Security, DAS, information on activities abroad, if this has no criminal record and any other information that the company considers important. In any case, the report shall contain the information you provide the respective International Office of Police, Interpol. The report submitted by the Administrative Department of Security, DAS and DIAN if any, will be reserved. In the event that the concept is not satisfactory, the Ministry of Foreign Affairs may, without further processing, to deny the application for citizenship. Effective Notes
ARTICLE 11. REVIEW OF DOCUMENTATION. The Ministry of Foreign Affairs shall review the documentation they do not meet the legal requirements, notify the applicant within the first two months following the date of receipt, to proceed to comply.
After six months from the date of receipt of documentation without the petitioner notified completed, it shall be presumed not interested in acquiring Colombian nationality. In this event the record to be ordered.
During the six months in the preceding paragraph the applicant may request in writing and once the extension of the term to complete the missing documents concerns.
ARTICLE 12. SUITABILITY, NOTIFICATION AND PUBLICATION. Revised documentation and all requirements convenience of nationalization will be analyzed and if it be the case Letter Nature or resolution be issued authorizing registration as Colombians by adoption.
The above shall be notified in accordance with the relevant rules. Once stocked notification, the applicant shall cancel the respective taxes and request publication in the Official Journal. Fulfilled the above Minister of Foreign Affairs sent to the original Governor of the Charter of Nature or authentic copy of the resolution Mayor accordingly.
ARTICLE 13. PLEDGE AND PROMISE FULFILLED THE CONSTITUTION AND LAW. It received by the respective Government Charter Hall Nature or the copy of the resolution authorizing the Governor or the Mayor, shall cite the person concerned to practice oath and registration.
In these proceedings the presence of the Governor or the Mayor will be required, and the person concerned. The petitioner protest solemnly swear or, if your religion does not allow him swear that as a Colombian by adoption shall be submitted and faithfully obey the Constitution and laws of the Republic of Colombia.
PARÁGRAFO. . In case of national interest, the oath may be taken by the President of the Republic or the Minister of Foreign Affairs. Effective Notes
ARTICLE 14. RIGHT TO PRESERVE YOUR Naturalized NATIONAL ORIGIN. Nationals by adoption are not required the renounce their nationality of origin or adoption.
PARÁGRAFO. If the nationalized are interested in giving up their nationality of origin or adoption, the Governor or the Mayor and the President or the Minister of Foreign Affairs shall record this fact in the act of oath. Effective Notes
ARTICLE 15. FILING AND REGISTRATION NATURALIZATION. Once the above requirements the Interior, the Mayor and the Minister of Foreign Affairs organized the file of the proceedings and the corresponding record in the terms established by the Government.
ARTICLE 16 OF IMPROVING THE BOND OF NATIONALITY. The naturalization of any person is issued Letter of authorization Nature or resolution shall apply only improved with:
a) Its publication in the Official Journal, which means complied requirement for payment of the corresponding rights and the cancellation of the respective taxes, and
b) provision of the oath or solemn protest if their religion does not allow him swear, and the inscription as appropriate.
PARÁGRAFO. Perfected the naturalization process, according to the report of the Interior or the respective Municipality, the Ministry of Foreign Affairs shall within one month that fact to the State of which the person is or was its national, the Administrative Department of Security, DAS and the National Civil Registry.
ARTICLE 17. EXTENSION OF NATIONALITY. Nationality by adoption may be extended to the minor children of a person who is granted nationality by adoption. From the above, shall be recorded in the text of the Charter of Nature or resolution of the respective authorization.
The request for extension of nationality shall be signed by those exercising parental authority in accordance with the law. PARAGRAPH 1.
. When the child who was issued the nationality reaches the age of majority may express their desire to continue being Colombian, paying only the oath set out in Article 13 of this Law before the consuls, crediting the Charter or resolution where it spread nationality, before the Governor or the Mayor, as appropriate, who will send copy of the oath to the Ministry of Foreign Affairs, the National Civil Registry and the Administrative Department of Security, DAS. PARAGRAPH 2.
. If within six (6) months following the fulfillment of adulthood months, the applicant has not expressed the desire to continue being Colombian, shall for this purpose and to provide the oath of a certificate of no criminal record or good the country which had been domiciled behavior.
ARTICLE 18. DENIAL OF NATURALIZATION. The President of the Republic, or by delegation of the Ministry of Foreign Affairs, may deny the nationalization by resolution, in which case only may submit a new application two years after the denial.
ARTICLE 19 OF THE REVOCATION OF LETTERS OF NATURE AND RESOLUTIONS OK. The President of the Republic or the Ministry of Foreign Affairs by proxy may revoke reasoned decision Letters of Nature or Resolutions issued authorization, where the person concerned has not complied, within six (6) months following its issue, with the requirements for the improvement of naturalization, unless there is just cause that has prevented him from fulfilling them.
The order to revoke a letter of Nature or resolution Authorization shall be notified to the person concerned and inform the Administrative Department of Security, DAS, the National Civil Registry and the State of which the person is or has been national.
ARTICLE 20 OF THE REVOCATION OF LETTERS OF NATURE AND RESOLUTIONS OK. Nature Letters of Authorization or resolutions issued by the President of the Republic or the Minister of Foreign Affairs by proxy, subject to nullity proceedings before the competent judicial authority in the following cases:
a) If they have issued under flawed evidence or documents of falsehood.
B) If the foreign nationalized had committed a crime in another country before moving to Colombia and that this will lead to extradition. PARAGRAPH 1.
. There shall be no provisional suspension of the Charter of Nature or resolution which revocation request. Effective Jurisprudence
. The authority must submit to the Ministry of Foreign Affairs within ten (10) days after its execution, a certified copy of the judgment declaring the nullity of the Charter of Nature or Resolution Authorization.
ARTICLE 21 OF REVOCATION REVOCATION OF ACTION REGARDING THE LETTERS OF NATURE AND RESOLUTIONS FOR APPROVAL OF ENTRY. It may be requested annulment of the Letters of Nature and Resolutions Authorization to be granted in the future and issued prior to the effective date of this Act. In both cases the action will have a shelf-life of 10 years counted from the date of issuance.
OF DUAL NATIONALITY.
ARTICLE 22. QUALITY NOT LOSE THE COLOMBIAN NATIONAL. The quality of Colombian nationality is not lost by the acquisition of another nationality.
National by birth Those who acquire another nationality will not lose civil and political rights recognized by the Constitution and the Colombian legislation.
Access to the performance of public functions and offices of national adoption they have another nationality may be limited under the terms provided in the Constitution and the law.
The Colombian national who holds dual citizenship in the country, be subject to the Constitution and laws of the Republic. Consequently, their entry and stay in the territory and its output should always be as Colombians, shall be identified as such in all civil and political acts. CHAPTER V.
SURRENDER AND LOSS OF COLOMBIAN NATIONALITY.
ARTICLE 23. WAIVER TO COLOMBIAN NATIONALITY. Colombian nationals have the right to renounce their nationality, which will be produced by a written statement submitted to the Ministry of Foreign Affairs or the Consulates of Colombia, which consist in a report, a copy will be sent to the National Civil Registry, the Administrative Department of Security, DAS and the Ministry of Foreign Affairs.
ARTICLE 24. LOSS OF NATIONALITY BY ADOPTION. Colombian citizenship is lost by resignation, for crimes against the existence and security of the state and the constitutional regime.
RECOVERY OF COLOMBIAN NATIONALITY.
ARTICLE 25. RECOVERY OF NATIONALITY. National by birth or adoption who lost Colombian nationality as a result of the application of Article 9o., Of the former Constitution and those who renounce it in accordance with the provisions of this Act may recover, formulating such a request sense to the Ministry of Foreign Affairs, the Consulates of Colombia or to the governorates, expressing willingness to support and abide by the Constitution and laws of the Republic. This is stated in a report that will be sent to the Ministry of Foreign Affairs, the National Civil Registry and the Administrative Department of Security, DAS.
. Those who have lost Colombian nationality as a result of the application of Article 9o., Of the previous Constitution, in making its request for recovery, may extend it to their minor children born in a foreign land so they can be Colombian by birth, once they fulfill the requirement of residence in Colombia. PARAGRAPH 2.
. Those who have been national adoption must have established their domicile in Colombia one year before proceeding to seek recovery of Colombian nationality and a certificate of good conduct and judicial records. PARAGRAPH 3.
. The official before whom the applications referred to in this article shall be submitted, resolved within five business days. If it is a consul, communicate its determination to the National Civil Registry, within three days of its decision. Effective Jurisprudence
COMMISSION FOR CITIZENSHIP MATTERS.
ARTICLE 26. CREATION - INTEGRATION. Hereby created a commission to matters composed of the following persons nationality:
-The Foreign Minister or his delegate who will preside.
Legal -The Deputy Minister of Foreign Affairs or his delegate.
-The Director of the Administrative Department of Security, DAS.
-A Member of the Second Committee of the Senate, elected by it.
-A Member of the Second Committee of the House, elected by it. -The
Congresswoman elected by the special indigenous constituency that has obtained the most votes in the last election.
Congresswoman -The highest number of votes obtained in the last election, deposited by Colombians living abroad.
-The National Civil Registrar or his delegate.
PARÁGRAFO TRANSIENT. Until Colombians living abroad elect their congressmen act on their behalf a delegate from residents associations Colombians abroad designated by the Foreign Ministry.
ARTICLE 27. FUNCTIONS OF THE COMMISSION FOR CITIZENSHIP MATTERS. The Commission for issues of nationality shall have the following functions:
I. Pay concept the Ministry of Foreign Affairs in cases that the Legal Secretariat to submit When there are two questions about the advisability of issuing Letter of Authorization Nature or resolution and in cases of revocation of these.
2. Conceptualizing on the use and origin of extra tests in the terms established by the Code of Civil Procedure, where the principal requested documentation the applicant is unable to bring you near.
3. Pay concept on the suitability of applications when reports of the Administrative Department of Security, DAS are unfavorable for the person concerned.
4. The others determined by the Ministry.
PERFORMANCE OF CERTAIN PUBLIC OFFICE FOR ADOPTION BY COLOMBIAN.
ARTICLE 28. RESTRICTIONS
for certain positions. Colombians by adoption can not access the performance of public office following:
1. President or Vice President (Articles 192 and 204 CN)
2. Senators of the Republic (Article 172 CN)
3. Judges of the Constitutional Court, Supreme Court, Superior Judicial Council (Articles 232 and 255 CN)
4. Attorney General's Office (Article 267 CN)
5. Members of the National Electoral Council and National Registrar of Civil Status (Articles 264 and 266 CN)
6. General Comptroller of the Republic. (Article 26 CN)
7. Attorney General's Office (Article 280 CN)
8. Minister of Foreign Affairs and Minister of National Defence.
9. Member of the Armed Forces as officers and NCOs.
10. Directors of intelligence agencies and security.
11. Those who by law.
ARTICLE 29. LIMITATIONS ON COLOMBIAN NATIONAL ADOPTION who hold dual citizenship. Colombian nationals by adoption who hold dual nationality, can not access the performance of the following functions or public office:
1. The references in the previous
2 item. Congressmen (Article 179, the 7th paragraph. CN)
three. Ministers and directors of administrative departments
OF CONCERNING THE IDENTITY DOCUMENTS, VISAS, PASSPORTS AND MILITARY SERVICE.
ARTICLE 30 OF ORDINARY PASSPORTS ISSUING OR BORDER TO CHILDREN UNDER PARENT COLOMBIAN born abroad. Consular officials of the Republic may issue ordinary or border passport to the minor children of parents or Colombian mother, born abroad, leaving the following note on page clarification of the corresponding book: "the issue of this passport does not imply recognition of Colombian nationality, nor it is proof of it. it is granted in consideration that the holder is a child of father (or mother) Colombian and may be a Colombian national by birth it meets the requirement to establish domicile in the national territory ".
ARTICLE 31 OF INTERIM PASSPORTS ISSUING THE CHILDREN OVER AGE OF PARENT COLOMBIAN born abroad. Consular officials of the Republic may issue temporary passports to the adult children of a Colombian father or mother, born abroad, valid only for travel to Colombia in order to define their nationality leaving the next entry in the page comments the corresponding pad.
"The issuance of this passport does not imply recognition of Colombian nationality, nor is proof of it. It is granted in consideration that the holder is a child of father (or mother) Colombian and Colombian by birth can be when it meets the requirement set domiciled in the national territory ".
CHAPTER X. OF THE IMPLEMENTATION OF THE SCHEME EXTRANJERIA.
ARTICLE 32 OF THE ISSUING VISAS RESIDENT OF THOSE WAIVED COLOMBIAN NATIONALITY BY ADOPTION COLOMBIAN BEING. Colombians by adoption who have acquired foreign nationality, renouncing his Colombian nationality in accordance with the provisions of this Act and their minor children born abroad may apply for a resident visa as a family of a Colombian national to fix his home in Colombia one year before proceeding to seek recovery of Colombian nationality.
PARÁGRAFO. Foreign residents in Colombia will not be required to make periodic filings with the authorities, unless either by court order or by express request of the competent administrative authorities in specific and duly justified cases.
ARTICLE 33 OF ISSUING VISAS TO RESIDENTS ABOUT COLOMBIAN NATIONALITY they resign BEING A COLOMBIAN BY BIRTH. Colombian by birth who have acquired foreign nationality, renouncing his Colombian nationality in accordance with the provisions of this Act may be established in the country indefinitely by obtaining a resident visa as a family of a Colombian national.
ARTICLE 34 OF MILITARY SERVICE FOR COLOMBIAN RESIDENTS ABROAD. Colombians living abroad will define their military situation in accordance with the provisions of the law in Colombia, through the appropriate consular authorities.
ARTICLE 35 OF MILITARY SERVICE FOR COLOMBIAN RESIDENTS HAVE DOUBLE CITIZENSHIP ABROAD. Colombians who have dual nationality resident abroad, define their military situation in accordance with the provisions of the legislation in force in Colombia, unless we have done overseas, which will be verified by a certificate issued by the competent foreign authorities.
ARTICLE 36 OF MILITARY SERVICE FOR COLOMBIAN RESIDENTS HAVE DOUBLE NATIONALITY IN COLOMBIA. Colombians who have dual nationality, resident in Colombia, define their military situation in accordance with the laws in the country, unless it has already been defined by the legislation of the country of their other nationality, which will be verified by a certificate issued by the respective foreign consulate accredited to the Government.
ARTICLE 37. DISCLOSURE OF THIS LAW. As of publication of this Act and for about a year, the Ministry of Foreign Affairs is obliged to implement a massive program of disclosures of the rules contained in the above articulated through press advertisements in newspapers from foreign countries, TV commercials and publication of brochures that will be distributed through embassies, consulates and associations accredited Colombian colonies abroad. Similarly such disclosure is made in Colombia through embassies and consulates accredited for foreigners who want to benefit.
PARÁGRAFO. During disclosure the previous article referred to the Ministry of Foreign Affairs submitted to the Second Committees of the Senate and House, a report on the implementation of the outreach program that includes coverage shows of support elements such as notices press, advertisements and brochures. Report that must be met at least twice during the stipulated time.
ARTICLE 38. EFFECTIVE DATE AND REPEALS. This Act governs from the date of its publication and repeals Laws 145 of 1988 and 22 Bis 1936; Decrees 2247 of 1983 and 1872 of 1991 and other provisions that are contrary. Effective Notes
The Secretary General of the Senate of the Republic,
PUMAREJO PEDRO VEGA.
The President of the Chamber of Representatives,
CÉSAR PÉREZ GARCÍA.
The Secretary General of the Chamber of Representatives, DIEGO VIVAS TAFUR
Republic of Colombia - National Government.
Published and execute.
Given in Bogotá DC, first (1)
February in 1993.
César Gaviria Trujillo.
The Minister of Foreign Affairs, Nohemi Sanin