138 OF 1994
Official Journal No. 41.389, June 14, 1994
For which the quota for the promotion of the Agro-industry of the Palm of Oil is established and the Fund of the Development Palmero is created.
THE CONGRESS OF COLOMBIA,
ARTICLE 1o. For the purposes of this law it is recognized by Agroindustria de la Palma de Aceite the agricultural activity that has as its object the cultivation, the harvest and the benefit of its fruit until obtaining: palmiste, palm oil and its fractions.
PARAGRAFO. Within this concept, understand by:
a) Palm oil. The palmacea plant belonging to the genus elaeis of which two (2) species are mainly known: E. Guineensis and E. Oleifera;
b) Benefit. The process to which the fruit of the palm is subjected to obtain palm and crude palm oil;
c) Palm oil. The product obtained from the maceration or extraction of the mesocarp, pulp or soft part of the fruit of the oil palm, which may be crude, semi-refined or refined; its fractions are: oleina and palm stearin;
d) Palmiste. It is the hard and white seed or almond of the fruit of the oil palm. Their fractions are the oil and the palm kernel cake.
ARTICLE 2o. OF THE CUOTA. Establish the quota for the Promotion of the Agro-industry of the Palm of Oil, as a contribution of a parafiscal character, the perception of which will be assigned to the special account called the Fund of Palmero Promotion.
ARTICLE 3o. FROM THE PALMERO PROMOTION FUND. Create the Palmero Development Fund for the management of resources from the collection of the Cuota for the Promotion of the Agro-Industry of the Palm of Oil, and which will be based on the policy guidelines of the Ministry of Agriculture for the development of the agricultural sector. The product of the promotion fee shall be taken to a special account under the name of "Fomento Palmero" with exclusive destination to meet the objectives set out in this law.
ARTICLE 4. Of the QUOTA SUBJECTS. Any natural or legal person who benefits from palm for his own account, is subject to the quota for the Promotion of the Agro-Industry of the Palm of Oil.
In the case of maquila contracts or similar agro-industrial processing contracts, the subject of the quota for the Promotion of the Agro-Industry of the Palm of Oil, is the natural or legal person who commissions the maquila or the contracts of similar agro-industrial processing.
ARTICLE 5o. PERCENTAGE OF THE QUOTA. The Development Fee for the Agri-Industry of the Palm Oil will be 1% of the price of each kilogram of palm kernel and crude oil from palm extracted.
PARAGRAFO 1o. The quota on the palm kernel and the crude palm oil extracted will be settled on the basis of the reference prices which for the following half year indicate before 30 June and 31 December of each year the Ministry of Agriculture.
PARAGRAFO 2o. From the time of this law and until the Ministry of Agriculture promulgates the reference prices for the next six months, the quota on the palm kernel and the crude oil of palm extracted liquidated based on a reference price to be fixed by the same Ministry and which will govern from the time of this law until 30 June of this year.
ARTICLE 6o. OF THE RETENTION AND PAYMENT OF THE QUOTA. They are retainers of the Development Fee for the Agro-industry of the Palm of Oil who will benefit from palm, either for own account or from third parties. The intended retention shall be made at the time of the benefit of the fruit.
The retainer will account for the holds held in separate accounts of its accounts and must record the money of the quota in the national account of the Fund of Palmero, within the first fortnight of the calendar month following the of the hold.
ARTICLE 7o. PURPOSE OF THE QUOTA. The income of the Cuota for the Promotion of the Agro-Industry of the Palm of Oil will be applied to the obtaining of the following purposes:
a) To support research programs on the development and adaptation of technologies that contribute to improving the efficiency of oil palm crops and their benefit;
b) To research on the genetic improvement of oil palm materials;
c) To the investigation of the main agronomic problems affecting the cultivation of oil palm in Colombia;
d) To support research aimed at increasing and improving the use of palm oil, palm kernel oil and its fractions;
e) To investigate and promote the nutritional attributes of palm oil, palmiste and its byproducts;
f) To support programs for the dissemination and promotion of the results of research and applications and uses of the products and by-products of oil palm cultivation;
g) To support oil palm growers in the development of the necessary marketing infrastructure, of general interest to producers, which contributes to regulating the market of the product, to improve its marketing, their costs and to facilitate their access to export markets;
h) To promote exports of palm kernel, palm oil and its byproducts;
i) To support mechanisms of stabilization of export prices for palm kernel, palm oil and its byproducts, which are supported by palmicultors and the National Government;
j) To support other activities and programs of general interest for the Agro-industry of the Palm of Oil that contribute to its strengthening.
ARTICLE 8o. ALLOCATION OF RESOURCES TO CENIPALMA. The resources of the Cuota for the Promotion of the Agro-Industry of the Palm of Oil destined to promote the research, dissemination and promotion of technologies, will be assigned to the Research Center in Palma de Oil, Cenipalm.
PARAGRAFO. The resources received by CeniPalma can be used in specific oil palm research projects, as a counterpart to the resources provided by the Joint Research Corporations created for the purpose by the Government. National.
ARTICLE 9o. OF THE MANAGEMENT BODY. The National Government, through the Ministry of Agriculture, will contract with the National Federation of Palm Oil Growers, FedePalma, the administration of the Palmero Development Fund and the collection of the Cuota for the Promotion of the Agro-Industry of the Palm of Oil.
PARAGRAFO. The management contract shall have a duration of 10 years extendable and the management of the resources, the definition and implementation of programmes and projects, the powers and prohibitions of the managing body and the other requirements and conditions that are required for the fulfilment of the legal objectives, as well as the consideration of the administration of the quota, the value of which will be 10% of the collection. Consideration of quota administration will be caused monthly.
ARTICLE 10. Palmero Development Fund will have a Steering Committee composed of six (6) members: two (2) representatives of the National Government and four (4) representatives of the oil palm growers. The Minister of Agriculture or his delegate, who shall preside over him and the Minister of Foreign Trade or his delegate, shall be representatives of the National Government.
PARAGRAFO. The representatives of the growers shall be palmicultors in exercise either in a personal capacity or on behalf of a legal person engaged in this activity for a period of not less than two (2) years. These representatives will be appointed by the National Congress of Palm Oil Growers, representing all the palm trees of the country and will not be able to be elected simultaneously on the Board of Directors of the Federation. The growers ' representatives period will be two (2) years and may be re-elected.
ARTICLE 11. FUNCTIONS OF THE STEERING COMMITTEE. The Steering Committee of the Fund shall have the following functions:
(a) Approve the annual revenue and expenditure budget of the Fund presented by Fedepala, after having been approved by the Ministry of Agriculture;
b) Approve the investments that FedePalma and other entities of guild origin must carry out with the resources of the Fund;
c) Velar for the proper and efficient management of the Fund by FedePalma.
ARTICLE 12. FROM THE FUND ' S BUDGET. Fedepala, based on the programs and projects approved by the National Congress of Palm Oil Growers, will prepare, before 1o. October, the investment and expenditure plan for the next annual financial year. This plan can only be executed after approval of the Fund Steering Committee.
ARTICLE 13. OTHER RESOURCES OF THE FUND. The Palmero Development Fund will be able to receive and channel internal and external credit resources that the Ministry of Agriculture will sign, which are intended to meet the objectives set out in this law, as well as contributions from the Ministry of Agriculture. e investments of the National Treasury and natural and legal persons, domestic and foreign, for this same purpose.
ARTICLE 14. " OF THE FISCAL CONTROL. The subsequent Fiscal Control on the investment of the resources of the Fund of Palmero, will be exercised by the Comptroller General of the Republic, in accordance with the corresponding rules and regulations, appropriate to the nature of the Fund and its managing body.
ARTICLE 15. COST DEDUCTIONS. For natural or legal persons subject of the Cuota for the Promotion of the Agro-Industry of the Palm of Oil to have the right to accept the production costs in their income statement Crude palm oil and palm oil must be at peace and save for the purpose of the quota; for this purpose, the documents proving the retention and payment of the quota and the certificate issued by the administrator shall be kept in their accounts. of the Palmer Promotion Fund.
ARTICLE 16. SANCTIONS IN CHARGE OF THE SUBJECT AND THE RETAINER. The National Government shall impose fines and penalties on the subject of the quota and the retainers, who fail to fulfil their obligations in this matter in accordance with the rules of the Tax Statute that they are entitled to applicable.
ARTICLE 17. OF THE INSPECTION AND SURVEILLANCE. The managing body of the Fund and the collection of the quota may carry out inspection visits to the books of accounts of the holders of the quota and/or the natural and legal persons holding the quota. quota as per the case to ensure due payment of the incentive fee provided for in this law.
ARTICLE 18. ABOLITION OF THE FUND ' S QUOTA AND LIQUIDATION. The resources of the Palmero Development Fund at the time of its liquidation shall be borne by the Ministry of Agriculture and its administration shall be contracted by the Ministry of Agriculture with an entity. The organization of the agricultural sector to guarantee its use in support programs and defense of the oil palm industry.
ARTICLE 19. " OF THE VALIDITY OF THE LAW. This Law shall enter into force upon its promulgation.
The President of the honorable Senate of the Republic,
JORGE RAMON ELIAS NADER.
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
JOSE JATTIN SAFAR.
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR.
Publish and execute.
Dada en Santafe de Bogota, D.C., 9 June 1994.
CESAR GAVIRIA TRUJILLO
The Minister of Finance and Public Credit,
RUDOLF HOMMES RODRIGUEZ.
The Minister of Agriculture,
JOSE ANTONIO OCAMPO GAVIRIA.
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