LAW 138 1994
Official Gazette No. 41,389, June 14, 1994
Whereby the quota for the promotion of agro-industry Oil Palm is established and the Fund is Development of Palmero. Summary
CONGRESS OF COLOMBIA DECREES
ARTICLE 1o. AGRIBUSINESS OF PALM OIL. For the purposes of this law it is recognized by Agribusiness Oil Palm agricultural activity which aims cultivation, harvesting and benefit of its fruit until: palm kernel oil, palm oil and its fractions.
PARÁGRAFO. Within this concept is understood by:
a) palm oil. Elaeis belonging to the genre of which are known mainly plant Palmácea two (2) species: E. guineensis and E. oleifera;
B) Benefit. The process to which the palm fruit is submitted for palm oil and crude palm oil;
C) Palm oil. The product obtained by maceration or extraction mesocarpio, or soft pulp of the fruit of the oil palm, which can be raw, semi-refined or refined; their fractions are: olein and palm stearin;
D) Palmiste. It is the hard white seed or kernel of the fruit of the oil palm. Fractions are oil and palm kernel cake.
. FEE. Establécese Fee for Agribusiness Development of Palm Oil as a contribution of parafiscal dues, which is assigned to the special account called Palmero Development Fund.
ARTICLE 3. PALMERO DEVELOPMENT FUND. Believe Fund Palmero Development to manage resources from the collection of the fee for the Development of Agribusiness of the Palm Oil and which will stick to the policy guidelines of the Ministry of Agriculture for the development of the agricultural sector. The proceeds of the fee will be promoting a special account under the name Palmero Development Fund exclusively destined to the fulfillment of the objectives of this law.
ARTICLE 4. OF SUBJECTS OF THE QUOTA. Any natural or legal person who benefits palm fruit self-employed, is subject to the quota for the Promotion of Agribusiness of the Palm Oil.
For maquila contracts or contracts of similar agro-processing, the subject of the quota for the Promotion of Agribusiness of the Palm Oil is the natural or legal person responsible maquilas or agro processing contracts Similar.
The 5th ITEM. PERCENTAGE OF THE QUOTA. Fee for Agribusiness Development of Palm Oil will be 1% of the price of each kilogram of palm kernel and crude palm oil extracted. Editor's Notes
. The quota on palm kernel and crude palm oil extracted will be settled based on the reference prices for the next half point before 30 June and December of each year the Ministry of Agriculture 31. PARAGRAPH 2.
. From the effective date of this law and until the Ministry of Agriculture promulgated the reference prices for the next six months, the quota on palm oil and crude palm oil extracted will be settled based on a reference price which will set the same Ministry and which shall take effect from the effective date of this law until June 30 this year.
ARTICLE 6o. RETENTION AND PAYMENT FEE. They are Retainers Fee for Agribusiness Development of Palm Oil palm fruit who benefit, either by itself or through third parties. Retention herein provided shall be made when making the benefit of the fruit.
The retainer account for the deductions made in separate accounts and accounts must deposit the money share in the national account Palmero Development Fund, within the first two weeks following the retention schedule.
ARTICLE 7. PURPOSE OF THE QUOTA. Fee revenue for Agribusiness Promotion of Oil Palm apply to obtain the following purposes:
a) To support research programs on the development and adaptation of technologies that help improve efficiency of oil palm plantations and its benefit;
B) A research on the genetic improvement of oil palm materials;
C) A research 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 oil and its fractions;
E) To investigate and promote the nutritional attributes of palm oil, palm oil and its by-products;
F) to support outreach and promotion of research results and applications and uses of the products and by the cultivation of oil palm;
G) To support oil palm growers in developing marketing infrastructure necessary general interest to producers, which contributes to regulate the market of the product, to improve marketing, reduce costs and facilitate their access to export markets;
H) To promote exports of palm kernel oil, palm oil and its by-products;
I) A support mechanisms for stabilizing export prices for palm kernel, palm oil and its by-products, which have the support of the farmers and the national government;
J) To support other activities and programs of general interest for Agribusiness of the Palm Oil contribute to its strengthening.
Article 8. ALLOCATION A CENIPALMA. Fee resources for the Promotion of Agribusiness of the Palm Oil to promote research, dissemination and promotion of technologies, will be allocated to the Research Center for Oil Palm, Cenipalma.
PARÁGRAFO. Resources received by Cenipalma be used in specific research projects in palm oil in return for the resources provided by the Joint Research Corporation, created for the purpose by the National Government.
Article 9. MANAGEMENT AGENCY. The Government, through the Ministry of Agriculture, contracted with the National Federation of Palm Growers Oil, Fedepalma, administration Fund Palmero Development and the collection of the fee for the Development of Agribusiness of the Palm Oil.
PARÁGRAFO. The management contract will last for 10 years and renewable, it will be available with regard to resource management, the definition and implementation of programs and projects, powers and prohibitions of the administering entity and other requirements and conditions required for compliance with the legal objectives and the consideration of the administration of the quota, whose value is 10% of the collection. The consideration of the administration of the quota will cause monthly.
ARTICLE 10 OF THE STEERING COMMITTEE. 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 oil palm growers. Government representatives will be the Minister of Agriculture or his delegate, who will preside and the Minister of Foreign Trade or his delegate.
PARÁGRAFO. Representatives of oil palm growers should be practicing, either personally or on behalf of a legal entity, engaged in this activity for a period not less than two (2) years. These representatives shall be appointed by the National Congress of Oil Palm Growers giving representation to all palm areas of the country and may not be elected simultaneously on the Board of the Federation. The period of the representatives of the growers will be two (2) years and may be reappointed.
ARTICLE 11. FUNCTIONS OF THE STEERING COMMITTEE. The Steering Committee of the Fund shall have the following functions:
a) approve the annual budget of income and expenses of the Fund submitted by Fedepalma, prior approval of the Ministry of Agriculture;
B) To approve the investments from the Fund should carry out Fedepalma union and other entities origin serving the oil palm;
C) To ensure the sound and efficient management of the Fund by Fedepalma. Editor's Notes
ARTICLE 12. FUND BUDGET. Fedepalma, based on the programs and projects approved by the National Congress of Oil Palm Growers, shall, before 1o. October, the investment plan and expenditure for the next financial year. This plan can only be implemented after the approval of the Steering Committee of the Fund.
ARTICLE 13. OTHER RESOURCES FUND. The Fund Palmero Development may receive and channel resources from internal and external credit entered into by the Ministry of Agriculture, aimed at meeting the objectives that sets this law, as well as contributions and investments of the National Treasury and natural and legal persons, domestic and foreign, for the same purpose.
ARTICLE 14 OF FISCAL CONTROL. Subsequent Fiscal Control on investment of resources Palmero Development Fund, will be exercised by the Comptroller General of the Republic, in accordance with the relevant rules and regulations appropriate to the nature of the Fund and administering body.
ARTICLE 15. COST REDUCTIONS. To natural or legal persons under the quota for the Promotion of Agro-Industry of Oil Palm entitled to that they accept the costs of production of crude palm oil and palm kernel in its statement of income and complementary must be in good standing in respect of the share; for this purpose shall keep in its accounting documents proving the withholding and payment of the fee and the certificate issued by the administrator Palmero Development Fund.
ARTICLE 16. SANCTIONS BY THE SUBJECT AND RETAINING. The national government will impose fines and penalties on the subject of the quota and retainers, who fulfill their obligations in this matter in accordance with the rules of the Tax Code that are applicable.
ARTICLE 17. INSPECTION AND SURVEILLANCE. The entity administering the Fund and the collection of the fee may make inspection visits to the ledgers of the subjects of the quota and / or natural and legal retenedoras share people as appropriate to ensure due payment promotion fee under this law.
ARTICLE 18. ELIMINATION OF QUOTA AND LIQUIDATION OF THE FUND. The resources of the Fund Palmero Development at the time of liquidation shall be borne by the Ministry of Agriculture and its management should be contracted by the Ministry with a professional body of the agricultural sector to ensure their use in programs and advocacy agro-industry oil palm.
ARTICLE 19. THE EFFECTIVENESS OF LAW. This Act shall come into force from its promulgation.
The President of the honorable Senate of the Republic, JORGE RAMON ELIAS
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable Chamber of Representatives, Francisco Jose Jattin
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Bogota, DC, on June 9, 1994.
César Gaviria Trujillo Minister of Finance and Public Credit, RUDOLF HOMMES
The Minister of Agriculture, JOSÉ ANTONIO OCAMPO