LAW 47 OF 1993
Official Gazette No. 40763 of February 19, 1993
Whereby special rules for the organization and operation of the San Andrés Archipelago Department are held, Providencia and Santa Catalina. Summary
THE CONGRESS OF COLOMBIA DECREES: CHAPTER I.
GENERAL PROVISIONS ARTICLE 1o. PURPOSE OF THE LAW. This Act aims to provide the Archipelago Department of San Andres, Providencia and Santa Catalina a special status that allows its development within the framework set by the Constitution, in view of their geographical, cultural, social and economic conditions.
. NATURE. The San Andrés and Providencia Department, is a territorial entity created by the Constitution and as such, enjoys autonomy in the management of its interests within the limits of the Constitution and the Law; with the right to govern by their own authorities; exercise the corresponding powers; participate in national income; manage their resources and establish the taxes necessary for the performance of their duties.
ARTICLE 3. SHAPING THE TERRITORY. The territory of the Archipelago Department of San Andres, Providencia and Santa Catalina, shall consist of the islands of San Andres, Providencia and Santa Catalina, Keys Alburqueque, East Southeast, Roncador, Serrana, Quitasueño, Bajo Nuevo, Banks Serranilla and Alicia and other islands, islets, keys, headlands, banks and reefs that make up the former Special Municipality of San Andres and Providencia.
ARTICLE 4. FUNCTIONS. The functions of the Archipelago Department of San Andres, Providencia and Santa Catalina are as follows:
a) As a territorial entity: Exercise accordance with the principles of coordination; competition and subsidiarity the powers conferred on local authorities and especially the Archipelago Department of San Andres, Providencia and Santa Catalina;
B) As Department: exercise independently the administration of sectional matters, planning and promoting economic and social development within its territory; as well as coordination functions complementarity of municipal action, mediation between the national government and the municipality and provision of services determined by the Constitution and laws;
C) As free trade area: exercise management functions, coordination, control and regulation of entry and exit of imported goods into the territory of the Department, in accordance with the provisions of the Law, without prejudice to which the law assigned to the Directorate General of Customs and in accordance with the agreements referred to Article 18 of this Law;
D) exercise special functions in administrative immigration, control of population density, land use regulation, disposal of property, preservation of the environment, fiscal control, foreign trade , changes, financial and economic development, established by law;
E) Participate in the development and coordinating the implementation of national plans and programs of economic and social development, public works and tourism adequacy and financial infrastructure, which is related to the department;
F) Adopt Law according to the plans and programs of economic and social development, public works and adequacy of financial infrastructure the department;
G) Overtaking directly with neighboring local authorities of neighboring countries in the same level of cooperation and integration programs aimed at promoting community development, including trade and preservation of the environment;
H) To adopt and develop the necessary measures for achieving the conservation and preservation of natural resources and environment department;
I) Comply with regulatory functions, administration, coordination and control of tourism that develops in the territory of the department, through the modernization of tourism infrastructure;
J) To ensure the preservation and promotion of Raizal native culture through the creation and implementation of provisions aimed at protecting the cultural, tangible and intangible heritage department;
K) To exercise administrative functions, coordination and complementarity of municipal action;
L) Perform such other functions and provide the services that the Constitution and the Law.
The 5th ITEM. SPECIAL REGIME DEPARTMENTAL. The Archipelago Department of San Andres, Providencia and Santa Catalina is subject to special regulations, administrative, control of population density, regulation of land use, disposal of property, preservation of the environment, immigration , fiscal, foreign trade, exchange, financial and economic development, determined by this and other laws.
CHAPTER II. HERITAGE
ARTICLE 6o. HERITAGE. The heritage of the Archipelago Department of San Andres, Providencia and Santa Catalina will be composed of:
a) movable and immovable property, rights and obligations making up the heritage of the Special Municipality of San Andres and Providencia;
B) property, income and revenue established in the Constitution and the Law for departments;
C) Income transfers and income established in the Constitution and the Law for the municipalities, while the Departmental Assembly decides on its creation on the island of San Andres, without prejudice to those assigned to the Municipality of Providencia;
D) Income and contributions to establish ordinances development of laws;
E) Contributions and transfers to be included in the national budget for the Department Archipelago;
F) Income and contributions established by a special way to the Archipelago Department of San Andres, Providencia and Santa Catalina;
G) National earmarked revenues assigned to the Special Municipality of San Andres and Providencia by, previous laws, in implementation of Article 359, paragraph three of the Constitution;
H) movable and immovable property acquired under the law;
I) Other income assigned by the law.
CHAPTER III. REGIME DEPARTMENTAL
ARTICLE 7. DEPARTAMENTAL management integration. The administration of the department shall be exercised by the Departmental Assembly and the Interior Department.
Article 8. EXERCISE OF MUNICIPAL FUNCTIONS. The departmental administration San Andrés and Providencia, through the Governor and the Departmental Assembly shall perform the functions referred to in article 4 is concerned. of this Act and also the municipalities, while they are not created on the island of San Andres, developing the constitutional principle of subsidiarity.
The exercise of the functions referred to in this article will be to the creation of the municipalities that may be applicable; within the territory of the island of San Andres and in strict compliance with the relevant legal provisions.
Article 9. Departmental Assembly. The Departmental Assembly is an elected administrative body within the Department Archipelago of San Andres, Providencia and Santa Catalina. Editor's Notes
The National Electoral Board, following the concept of the Zoning Commission, determine circles for the election of deputies of the Departmental Assembly, ensuring representation of the communities of North End, La Loma, San Luis, Providencia and Santa Catalina, developing the provisions of Article 299 of the Constitution.
PARAGRAFO. The fees of the deputies of the Departmental Assembly, its system of incompatibility and disabilities and the session will be determined by law.
ARTICLE 10. FUNCTIONS OF THE ASSEMBLY DEPARTAMENTAL. The functions of the Departmental Assembly, in addition to those established by Article 300 of the Constitution and general laws for departments, the following:
a) Regulate the special provisions for the department in administrative matters, immigration, control of population density, land use regulation, disposal of real estate, environmental preservation and economic development, as determined by law;
B) Regulate the provisions on taxation, foreign trade, exchange and financial determined by law, without prejudice to the powers in this area determine the Constitution and other laws;
C) Issue provisions relating to the implementation of plans and programs of economic and social development, public works and adequacy of financial infrastructure the department;
D) Issue provisions related to the achievement of the conservation and preservation of natural resources and environment department;
E) Issue provisions aimed at modernization of tourism infrastructure of the department;
F) To make rules relating to the protection of cultural, tangible and intangible heritage department;
G) Any other set by the Constitution and laws.
ARTICLE 11. SPECIAL ROLE. It is special feature of the Departmental Assembly formulation and regulation of the necessary measures to comply with the following objectives:
a) Adequacy of departmental administrative system under the new departmental needs;
B) The efficient delivery of public services of energy, water, sewage and telecommunications;
C) Implementation of programs for the modernization of social services, education, housing, health and recreation.
ARTICLE 12. THE GOVERNOR. He is the head of the local branch administration, legal department representative and agent of the President of the Republic for the maintenance of public order, for the implementation of general economic policy and matters agreed with the department's Office through agreements.
ARTICLE 13. POWERS OF THE GOVERNOR. The powers of the Governor, in addition to those set out in Article 305 of the Constitution and other rules governing the departmental system, the following:
a) timely submit to the Departmental Assembly draft ordinance for the development of the special provisions, administrative, immigration, control of population density, land use regulation, disposal of real estate, environmental preservation and economic development, established by law;
B) timely submit to the Departmental Assembly draft ordinances for the development of provisions on taxation, foreign trade, exchange and financial determined by law, without prejudice to the powers in this matter, assign Constitution and other laws;
C) timely submit to the Departmental Assembly draft ordinance related to the implementation of plans and programs for economic and social development, public works and adequacy of financial infrastructure the department;
D) To promote and implement measures to achieve conservation and preservation of natural resources and environment department;
E) timely submit to the Departmental Assembly draft ordinance aimed at achieving the modernization of tourism infrastructure of the department;
F) Tend protection of native and native islander culture, language, development, maintenance, dissemination and preservation;
G) Other functions assigned by the Constitution and laws.
ARTICLE 14. ELECTION OF GOVERNOR. To be elected Governor of the Archipelago Department of San Andres, Providencia and Santa Catalina, is in addition to certain required by law, he is born in the territory of the department or be a resident of the department under his control standards population density and have residence therein for more than ten (10) years of age prior to the election date.
His regime of incompatibilities and disqualifications shall be as determined by law. Effective Jurisprudence
REGIME BUDGET, TAX AND CUSTOMS
budgeting. The Departmental Assembly, at the initiative of the Governor, issue the organic standards of the departmental budget and the annual budget of revenues and expenses, according to the Constitution and the law.
Corresponds to the Departmental Assembly in the exercise of their duties, the issue of the rules relating to the implementation and regulation of taxes, fees and surcharges previously defined in the law, with specific destination for the San Andres Archipelago Department , Providencia and Santa Catalina, following the principles of fairness, neutrality, simplicity and price calculation consult the real capacity to pay of taxpayers.
CUSTOMS REGIME ARTICLE 16. FOREIGN EXCHANGE. The Archipelago Department of San Andres, Providencia and Santa Catalina customs and exchange will have a free port regime.
Foreign goods entering the territory of the department will continue to be taxed at the existing tax of ten percent (10%) on the CIF value, which will be received, managed and controlled by the Department Archipelago of San Andres, Providencia and Santa Catalina.
CLAUSE 1. This assessment may be amended by the Departmental Assembly, at the initiative of the Governor, when market conditions so require.
PARAGRAPH 2. Excepted from the previous assessment foodstuffs, construction materials, machinery and components intended for the provision of public services in the archipelago, machinery, equipment and spare parts intended to promote local industry and activity fishing, power plants in non-commercial quantities, drugs, ships to transport common or mixed freight and passenger providing service regular route to San Andrés and Providencia and foreign goods arriving in transit future for shipment to foreign ports.
EXTRAJERAS goods. Passengers may carry foreign goods from the departmental territory, the rest of the country as baggage or cargo, according to the existing legal regime.
ARTICLE 18. CUSTOMS AND CONTROL IN OPERATIONS DEPARTMENT ARCHIPELAGO. The Directorate of National Customs may make agreements with the Department Archipelago of San Andres, Providencia and Santa Catalina which will support the implementation by the Department of certain customs operations and control, within the territory of their jurisdiction, pursuant of the delegations granted the aforementioned address and under the agreed clarifications about it. Effective Jurisprudence
ARTICLE 19. CONTRIBUTION TO USE OF PUBLIC INFRASTRUCTURE TOURISM. Create the contribution for the use of public tourist infrastructure that must be paid by tourists and temporary residents of the Archipelago Department of San Andres, Providencia and Santa Catalina, without prejudice to the application of the provisions governing to local authorities.
The transport company will be responsible for collecting this tax and submit it to the regional authorities within the first five days of each month, by presenting the relationship of the tickets sold, to or from the Department Archipelago, determining the number the ticket and the passenger's name.
PARAGRAFO. Failure to comply with the provision in this article will result in the imposition of successive fines of up to 100 minimum monthly wages, without prejudice to the criminal and administrative penalties that may be applicable.
ARTICLE 20. AMOUNT AND DESTINATION OF TAX FOR USE PUBLIC INFRASTRUCTURE TOURISM. The Departmental Assembly shall determine the amount of the contribution provided for in the preceding article, according to the residence time of people and activity that is to be developed in the department. The revenues earned from the contribution provided for in the previous article specifically earmarked for the implementation of the rules related to the improvement, maintenance, adaptation and modernization of public tourism infrastructure of the department and the preservation of natural resources.
ARTICLE 21. PROPERTY TAX. In the liquidation of property tax may be considered additional factors that define the respective competent authorities.
ARTICLE 22. EXCLUSION OF SALES TAX. The exclusion of the sales tax scheme applies to the following facts:
a) the sale within the territory of the Archipelago Department of goods produced in it;
B) Sales to the territory of the Archipelago Department of goods produced or imported into the rest of the country, which is credited with the corresponding bill of lading or airway bill;
C) The importation of goods or services to the territory of the Department Archipelago and sale within the same territory;
D) The provision of services or to the territory of the Department Archipelago.
CHAPTER V. THE PROTECTION OF NATURAL RESOURCES AND ENVIRONMENT
ARTICLE 23. BOARD FOR THE PROTECTION OF NATURAL RESOURCES AND ENVIRONMENTAL DEPARTMENT. Effective Notes
ARTICLE 24. INTEGRATION OF THE BOARD. The Board for Protection of Natural and Environmental Resources Department shall consist of the Governor of the Department who shall preside; the Secretary of Agriculture and Fisheries Department who will be the Secretary of the Board, the mayor of each municipality in the department, the Secretary of Planning Department, a representative of non-governmental organizations elected by its members; two representatives of the native community of San Andrés and a representative of the native community of Providence, chosen by popular election. Effective Jurisprudence
ARTICLE 25 ROLE OF THE BOARD FOR THE PROTECTION OF NATURAL RESOURCES AND ENVIRONMENTAL DEPARTMENT. It corresponds to the Governor through the Office for the Protection of Natural and Environmental Resources Department promotion and implementation of the necessary measures to direct conservation of all natural resources and environmental measures department.
PARAGRAFO. The Board for Protection of Natural and Environmental Resources in this article will also provide the function, if deemed appropriate, permits, licenses and concessions for the construction of all types of springs.
In no case may grant such permits concessions and licenses in the case of realization of hangars over the sea. Effective Jurisprudence
ARTICLE 26. SPECIAL NATURAL RESOURCES PROTECTION. Are subject to special protection all natural and environmental resources department and especially the following:
a) The continental shelf and the submarine shelf of the islands; of all minerals or substances which in veins, strata, masses or beds constitute deposits whose nature is different from the components of land, such as minerals from which metals and metalloids used in industry are taken;
B) The deposits of rock salt and salt formed by sea water;
C) Products derived from the decomposition of rocks;
D) mineral or organic deposits of materials that could be used as fertilizers;
E) solid mineral fuels, oil and all carbides of solid, liquid or gaseous;
F) The waters of the territorial seas and inland marine waters;
G) The lagoons and estuaries permanently and intermittently communicate with the sea;
H) Inland lakes of natural formation that are linked directly to constant currents;
I) The waters of streams and their direct or indirect tributaries;
K) other action as the laws or decrees.
ARTICLE 27. THE BEACHES. The beaches of the Department Archipelago and natural resources that make it up are public goods and thus have the characteristic of being inalienable and indefeasible.
ARTICLE 28 EXPLOITATION OF SAND AND OTHER RESOURCES OF THE BEACHES AND THE SEA. Under no circumstances may extract; transport, store, trade or use or natural objects coral sand beaches, coral or sea border the shores of the Department Archipelago.
The police department will impose successive fines of up to 200 minimum monthly wages and make the confiscation of the material to natural or legal persons who violate this provision.
ARTICLE 29. APPLICABLE SANCTIONS. The Office for the Protection of Natural and Environmental Resources Department will impose successive fines of up to 200 minimum monthly wages to natural or legal persons performing misuse, endanger or cause damage to natural and environmental Department resources.
SPECIAL ARTICLE 30. SANCTIONS. Departmental or municipal authorities not to execute the provisions of its competence determined for the protection of natural and environmental resources of the Department Archipelago will be punished with successive fines of up to 200 minimum monthly wages, without prejudice to the application of criminal sanctions and administrative It may be appropriate.
The Attorney General's Office will advance the relevant disciplinary procedures, may apply, depending on the seriousness of the offense, the penalties established in the 1982 Act and other regulations and related provisions.
REGIME AND TOURIST Economic Development
ARTICLE 31. PROMOTION. The provisions relating to the educational, industrial, agricultural, commercial, tourism development; to industrial and tourist free zones of goods and services related to the former Special Municipality of San Andres and Providencia, remain in force for the Archipelago Department of San Andres, Providencia and Santa Catalina.
ARTICLE 32. TRANSPORTATION. From the effective date of this law air and maritime transport, passenger and freight, national and international, to and from the Department Archipelago will operate in the form of open skies and seas.
DEPARTAMENTAL ARTICLE 33. BOARD OF FISHERIES AND AQUACULTURE. Create the Departmental Board of Fisheries and Aquaculture, on the delegation of functions in the Department Archipelago INPA.
The Board shall consist of the Governor of the Department Archipelago, who shall preside, the Secretary of Agriculture and Fisheries Department, the Director of the Office for the Protection of Natural and Environmental Resources Department, a representative of Artisanal Fishermen archipelago and a delegate of the National Institute of Fisheries and Agriculture. Effective Jurisprudence
ARTICLE 34. FUNCTIONS OF THE BOARD. The Board shall be responsible for granting authorizations, permits, patents, concessions and salvaconductos for the exercise of agriculture and research, extraction and marketing of natural resources in the border sea with the Department Archipelago, subject to the requirements provided by the National Institute of Fisheries and Agriculture, INPA, and those established by law.
ARTICLE 35. PURSUIT OF FISHING AND AQUACULTURE. No person shall perform or exercise aquaculture research, extractions and marketings of resources sea border with the department, without the prior permission granted by the Board that the previous article.
People who violate the provision referred to in this Article shall pay fines of up to 200 minimum monthly wages and return the proceeds.
PARAGRAFO. Except compliance with the requirement under this provision, artisanal and subsistence fishermen living in the Archipelago Department of San Andres, Providencia and Santa Catalina. Effective Jurisprudence
ARTICLE 36 PERMITS TO FOREIGNERS. Permits foreigners to carry out the activities mentioned in the previous article in boundary waters with the Department Archipelago, they must be filed before the Departmental Board of Fisheries and Aquaculture through competent international or national organizations, without prejudice provisions of existing international treaties. Effective Jurisprudence
ARTICLE 37. PAYMENT FOR FISHERIES. The Departmental Assembly, at the initiative of the Governor and prior opinion of the Departmental Board of Fisheries and Aquaculture, set rates and fees to be charged for fishing, with the exception of such payment to 0artesanales and subsistence fishers. Effective Jurisprudence
fishing systems. The extraction of fishery resources can only be made using arts and craft techniques permitted by the rules relating to the protection of natural resources and the environment.
Prohibits the use of fishing methods, such as nets, trammel nets, trawls or purse seine and dynamite in the territory of the department, and the "Longline" in areas for artisanal fisheries.
LANDING OF FISHERY RESOURCES. Set yourself a minimum of ten percent (10%) share of fishery resources must be landed in the archipelago territory for domestic consumption or marketing in it.
artisanal fisheries. The Departmental Board of Fisheries and Aquaculture will determine the areas of the archipelago to be allocated exclusively to artisanal fisheries.
ARTICLE 41. INTERNATIONAL FINANCIAL CENTER. Créase an International Financial Center in the Archipelago Department of San Andres, Providencia and Santa Catalina, whose operation shall regulate the national government.
Tax revenue producing operations International Financial Centre will be received by the Department Archipelago of San Andres, Providencia and Santa Catalina.
OF EDUCATION AND PROTECTION OF CULTURE
ARTICLE 42. LANGUAGE AND OFFICIAL LANGUAGE IN THE DEPARTMENT ARCHIPELAGO. They are officers in the Archipelago Department of San Andres, Providencia and Santa Catalina Castilian and English commonly spoken by the native communities of the archipelago. Effective Jurisprudence
ARTICLE 43. EDUCATION. The education provided in the territory of the Department Archipelago should be bilingual, Castilian and English with respect for traditional linguistic expressions of the natives of the archipelago. Effective Jurisprudence
PARAGRAFO. The Ministry of Education in coordination with the Ministry of Education Departmental implement the actions necessary to implement the bilingual education system and shall ensure that teachers of the archipelago gradually manage both languages. Effective Jurisprudence