ACT 191 OF 1995
(June 23) 41,903
Official Journal of 23 June 1995.
By which provisions are dictated Border Zones. Summary
THE CONGRESS OF COLOMBIA,
DECREES: CHAPTER I.
PURPOSE OF THE LAW ARTICLE 1o. In the application of Articles 285, 289 and 337 of the Constitution of Colombia, this Act is to establish a special regime for the border areas in order to promote and facilitate their economic, social, scientific, technological development and cultural.
. State action in the border areas should be directed primarily to achieve the following objectives:
Protection of Human Rights, improving the quality of life and satisfaction of basic needs of the communities in the border areas .
Strengthening the processes of integration and cooperation that advances Colombia with neighboring countries and removing obstacles and artificial barriers to the natural interaction of border communities, inspired by criteria of reciprocity.
Creating the necessary conditions for economic development of the border areas, especially through the adoption of special regimes in transportation, tax law, foreign investment, labor and social, commercial and customs security conditions.
Construction and improvement of infrastructure requiring Border Zones for their development and for their integration into the national and international economy.
Provision of services required for border integration and development of economic, social and cultural rights, such as transportation, telecommunications, electricity, drinking water and basic sanitation, education and health activities.
Preservation and sustainable use of natural resources and the environment.
Improving the quality of education and training of human resources that requires border development.
Institutional Strengthening Border Territorial Entities and State agencies operating in the border areas.
Seek cooperation with neighboring countries for the exchange of legal evidence, integration of police, investigative and security in order to combat international crime organizations.
PARÁGRAFO. To achieve the above objectives Colombia treaties or conventions held to be the case with neighboring countries.
ARTICLE 3. In order to improve the quality of life of black and indigenous communities located in the border areas, the state will support the initiatives of these communities and their authorities, concerning the activities and programs promoting human resources development institutional, research, strengthening and development of technologies or transfers of appropriate socio-economic development and cultural and environmentally sustainable use of natural resources technologies.
CHAPTER II. DEFINITIONS
ARTICLE 4. For the purposes of this Act, shall be construed as:
a) Border Zones. Those municipalities, special districts of the Border, adjacent departments within the limits of the Republic of Colombia, and those whose economic and social activities the direct influence of border phenomenon is noticed;
B) Special Units border development. Those municipalities, special districts and metropolitan areas belonging to the border areas, where it is essential to create special conditions for economic and social development by facilitating integration with border communities in neighboring countries, the establishment of activities production, the exchange of goods and services and the free movement of people and vehicles;
C) Areas of border integration. Those areas of the border departments whose geographical, environmental, cultural and / or socio-economic characteristics, advise planning and joint action by border authorities, which in agreement with the neighboring country, actions which agreed to promote be advanced its development and strengthen bilateral and international exchange.
The 5th ITEM. The National Government will determine the border areas, the Special Units Border Development and, by agreement with neighboring countries Border Integration Zones and in the case of indigenous territories determination will be made after consultation with the authorities of the communities and in accordance with the provisions of Law 21 of 1991.
In each department Fronterizo there will be at least a Special Border Development Unit, which may be comprised of one or more municipalities and / or special districts.
ARTICLE 6o. The National Government will take the necessary measures to ensure the implementation of the agreements with neighboring countries regarding the Border Integration Zones, may partially transfer certain powers to bodies under those conventions they come to create, in accordance with paragraph 16 Article 150 of the Constitution.
REGIME cooperation and integration
ARTICLE 7. Governors and Mayors Departments and Border Municipalities, previously authorized by the departmental assemblies and municipal councils, as the case may be held with the relevant authorities of the neighboring local authorities in the neighboring country, the same level, agreements of cooperation and integration aimed to promote in the border areas, community development, public services and environmental preservation within the competence of the respective territorial and inspired by criteria of reciprocity and / or national interest entities. PARAGRAPH 1.
. Mayors authorization to hold conventions which this article refers, must be ratified by the Departmental Assembly at the request of the Council of the respective border municipality. PARAGRAPH 2.
. Among the agreements of cooperation and integration which this article refers to, it will give special attention to the requests made by the authorities of indigenous communities and between them may enter into agreements to consider the case within the scope of its powers. PARAGRAPH 3.
. The Ministry of Foreign Affairs will provide the assistance required by Departments and Border Municipalities for the proper exercise of this competition and, in all cases, should be consulted.
Article 8. The State shall protect traditional knowledge associated with genetic resources that indigenous and local communities have developed in the border areas. Similarly any use made of them, will be done with the consent of these communities and shall include equitable remuneration benefits that result in the strengthening of indigenous peoples.
Article 9. The areas that make up the national parks system may not be subject to subtractions. In areas of national forest reserve and other natural reserves located in the border areas with current environmental regulations, as well as specific regulations for the protection of indigenous and black communities will apply.
In the buffer zones of the National Park System located in border areas will be developed with the participation of the authorities and culturally appropriate indigenous and black communities involved, production and environmental models and credit programs, promotion will be established and training for effect. Effective Notes
ARTICLE 10. In the border areas with special environmental and cultural features, the Government will take steps to regulate the processes of colonization in order to protect the cultural development of indigenous and local communities measures and preservation enviroment.
The Ministry of the Environment, will give priority to solving the problems related to the environment and the preservation and exploitation of natural resources in the Area, in accordance with the provisions of binational agreements.
ARTICLE 11. According to current regulations on the subject and through programs to support small and medium enterprises and micro-enterprises, the IFI support in working capital requirements and capital goods such companies, when they are preferentially located in border areas.
PARÁGRAFO. The Government, prior authorization of the Board of the Bank of the Republic, establish credit lines under special conditions for the agricultural sector. Effective Jurisprudence
ARTICLE 12. Handicrafts Colombia, the DRI Fund, the IFI and INPA allocate resources investment and credit to finance initiatives presented by the associative forms of small farmers, microentrepreneurs, indigenous communities, black communities and households concerning the promotion of productive activities, crafts, fishing and agricultural development in the border areas.
investments of any nature that are ahead in the border areas must respect the environment, social interest, ethnic diversity and cultural and archaeological heritage of the nation. In the case of investments in indigenous territories and black communities intercultural management regulations in consultation with the pobladoras communities and the Ministry of Government will be prepared.
ARTICLE 14. In the border areas, small businesses and other companies benefiting from this Act incentives and tax exemptions should take into account in their employment relationship physically disabled residents in these areas.
ARTICLE 15. According to current regulations on the subject and previous regulations for the purpose by the Ministry of Finance and Public Credit, is authorized to departments where the Special Units Border Development are to issue bonds Border Development (BDF), these bonds may be part of the investment portfolio of the General Treasury of the Nation in accordance with the regulations put forth by the National Government.
The proceeds from Border Development Bonds be used to finance plans and programs of industrial and commercial infrastructure in the Special Units Border Development.
ARTICLE 16. According to the rules governing the issuance of bonds of local authorities and decentralized, under reciprocal agreements with neighboring countries, is hereby authorized to departments where the Special Units are for Border Development issuing bonds in foreign currency.
ARTICLE 17. The introduction exclusively for consumption within the Special Units of Border Development, goods originating from neighboring countries will require free sale certificate of country of origin, sanitary registration approved by the competent national authorities, when necessary, which may delegate their execution in the respective health authority of the department where the Special Border Development Units are located.
ARTICLE 18. According to the conveniences to finance the Border Departments where the Special Units Border Development and application of the relevant Governor may be, prior authorization of the Departmental Assembly, the Government reduced by up to fifty percent (50%) percentage based on which the excise tax on spirits, beer is charged, and other domestically produced drinks are subject to payment of the levy. In this event
departments may regulate the mechanisms that maintain the fiscal balance, the Government will create and regulate Compensation Tax Fund, so that departments ensure balance on the income of that tax.
PARÁGRAFO. Reducing tax referred to in this article shall apply only to products for consumption in the border areas of the respective department.
In the departments and municipalities located in border areas, the Ministry of Mines and Energy will be the distribution function of liquid fuels, which are exempt from VAT, import duty and national excise tax on gasoline and diesel fuel. Effective Notes
In developing this function, the Ministry of Mines and Energy is responsible for fuel distribution in certain territories, either by importing fuel from the neighboring country or attending supply with fuels produced in Colombia. The maximum amount to be distributed will be established by the Ministry of Mines and Energy - Directorate of Hydrocarbons, or his substitute, who may assign or contract wholly or partly with wholesalers and third party distributors, import, transport, storage, distribution or sale of fuels.
The fuel will be delivered exclusively to service stations and industrial marketers in the municipalities recognized as border areas, to be distributed to the fleet and large consumers consuming lower volumes to 100,000 gallons per month, in the manner prescribed under current provisions. The fuel distributed to large consumers in border areas does not enjoy the exemptions that the first paragraph of this article refers to.
Contracts transport fuels celebrate the Ministry of Mines and Energy, through the Directorate of Hydrocarbons, with wholesale distributors, retailers or third parties must expressly establish that these agents are obliged to deliver fuel directly at each service station and marketer of industrial vehicles and facilities that these serve, in accordance with the quotas allocated. PARAGRAPH 1.
. To forbid the production, importation, marketing, distribution, sale and consumption of leaded automotive gasoline in the national territory excluding the area served by the refinery Orito, Putumayo, according to regulations issued by the Government. PARAGRAPH 2.
. The Ministry of Mines and Energy will be responsible, with appropriate cost recovery, regulation and coordination of activities fuel distribution, for which plans must be established supply and may draw regulatory and tariff schemes that allow the development of the provisions of this Article, as well as working partner programs for those who exercise fuel distribution without compliance with legal standards conversion. PARAGRAPH 3.
. Establish a transition period until January 1, 2012, for the Ministry of Mines and Energy to assume the functions set forth in this Article, the period during which Ecopetrol SA and UPME continue in charge of the tasks on the matter came exercising, Ecopetrol SA and UPME sold to the Ministry of Mines and Energy, gratuitously, technological and logistical developments needed to perform these functions. Effective Notes
ARTICLE 20. Special Border Development Units, through the IFI, building national industrial parks and export and maquila process will be promoted through capital contributions and loans.
ARTICLE 21. Special Units Border Development Banks, financial corporations, commercial finance Entities and exchange agencies, can make buying and selling currencies in accordance with the authorizations and regulations to purpose by the Board of the Bank of the Republic. PARAGRAPH 1.
. Foreign trade operations conducted within the Special Border Development Units may be declared in the national currency or the neighboring country. Effective Jurisprudence
. It is the obligation of the Bank of the Republic quoted daily representative market rate of the currencies of neighboring countries. PARAGRAPH 3.
. Effective Jurisprudence
ARTICLE 22. The National Government shall authorize, through the IFI and other state institutions, credit lines for industrial restructuring and reconversion of companies in the Special Units Border Development.
ARTICLE 23. The installation of new companies and significant increases in companies established in the Special Border Development Units may be national, binational and multinational nature and subject to the following rules:
a) Importing capital goods not produced in the Andean subregion and for businesses in the primary, manufacturing and delivery of health services, transportation, engineering, hospitality, tourism, education and technology, will be exempt from tariffs for a term of five years from the enactment of this Act;
The Directorate of National Taxes and Customs recognize, in each case, the right to this exemption, in accordance with the regulations issued for that purpose by the Government;
B) shall be free to associate with foreign companies;
C) Assets introduced to these Special Border Development Units imported the rest of the national territory be subject to the ordinary rules and requirements applied to imports.
. For the purposes set out in this Act, means installing new company that it constitutes within five (5) years after the enactment of this Act, for which the employer must demonstrate to the Administration of Taxation respective the intend to settle in the respective unit, indicating the capital, the place of location and other requirements, by regulation, establish the Tax and Customs. They did not understand how those new companies that are already established and are subject to statutory reform for name change, owners or merging with other companies.
For the purposes set out in this Act is meant by significant expansions in established companies, those that are initiated within five (5) years following the enactment of this Act and which constitute an expansion project that means an increase in production capacity of at least fifty (50%) than it currently produces, which must be approved for the purpose of enjoying the exemptions under this Act, the Tax and Customs, after fulfilling the requirements established by regulation her. PARAGRAPH 2.
. Companies generating electricity, eligible for the tariff exemption provided for in paragraph a) of this Article prior authorization of the Regulatory Commission of Energy and Gas (CREG). PARAGRAPH 3.
. For installation of new businesses which foster the improvement of infrastructure requiring Border Areas such as: the provision of electricity services, telecommunications, potable water, education and health. Special Border Development Units will promote their development. Governors of the departments where these units are located, after consultation with the National Planning Department may establish special and exceptional conditions for the creation, development and operations, with the appropriate authorization of the departmental assemblies.
ARTICLE 24. The Government may authorize the temporary import of vehicles, motorcycles and smaller river vessels licensed the neighboring country, residents in the Special Units of Border Development, when requested by them, after verification of their home in the respective Special Border Development Unit.
The National Government shall regulate the conditions, terms and requirements to be met for the granting of temporary import permission.
Motor vehicles, motorcycles and smaller river boats may travel only temporarily interned in the jurisdictions of the departments of Amazonas, Arauca, Cesar, Chocó, Guainía, Guajira, Nariño, Norte de Santander, Putumayo, Vaupes and Vichada, depending on the Special Unit of Border Development which has approved the respective temporary admission.
Motor vehicles, motorcycles and smaller riverboats, national or resident of the Special Units of Border Development, to circulate in the rest of the country shall be submitted to the customs provisions governing the import regime. Effective Jurisprudence
Exímese tax remittance for a term of five (5) years from the enactment of this Act, new goods companies established in the Special Units and Border Development existing making significant additions to these units as long as they are entitled to eighty percent (80%) or more of its production generated in the respective unit.
The Directorate of National Taxes and Customs recognize, in each case, the right to this exemption, in accordance with the regulations issued for that purpose by the Government.
ARTICLE 26. Dispose
collection of the tax off home and abroad by land and river ports in areas belonging to the Special Units Border Development.
hereby declared exempt from VAT human food and animal hygiene items and medicines for human and veterinary use, originating from neighboring countries with the Special Units Border Development always as intended exclusively for consumption the same, under the terms of Decree 470 of 1986
PARÁGRAFO. Exonérese VAT on all goods brought to the Department of Amazonas through the Colombo agreement - Peruvian force. Effective Notes
ARTICLE 28 Acquisitions of movable property and services by foreign visitors by electronic means and cash in commercial establishments located in special units Border Development Tax with valid card, in accordance with the regulations for the effect issued by the Government, shall be exempt from Sales Tax. Sales should be equal to or greater than ten (10) UVT and the maximum total exemption amount will be up to a value equal to one hundred (100) UVT, per person. Effective Notes
ARTICLE 29. The benefits granted by this Act to companies currently installed or to be installed in the future in the Border Zones and Special Border Development Units shall not apply to businesses involving the extraction, exploration or transportation of oil or gas.
ARTICLE 30. To authorize the Ministry of Foreign Affairs and Transportation to establish agreements with neighboring countries aiming at the transnational and cross-border transportation of passengers and goods by road and river. This service shall be provided by Colombian transporters neighboring country. legally constituted.
ARTICLE 31. The National Government shall arrange agreements with neighboring countries on customs and tariffs, in order to allow smooth implementation of emergency regimes on both sides of the border. CHAPTER V.
ARTICLE 32. Cooperation with neighboring countries in education will aim to ensure the inhabitants of the border areas the fundamental right to education; promote exchanges between educational institutions, students and educators at all levels; harmonize curricula and the recognition of degrees and diplomas that grant educational institutions and facilitate joint activities. to its purpose, between institutions of higher education.
The Ministry of Education will take the necessary measures to facilitate cooperation and integration agreements concerning, formal and informal formal education as well as providing education to the populations referred to in Title III of Law 115 1994
ARTICLE 33. The National Government, after the concept of the National Council of Higher Education, CESU, regulate and adopt the requirements for offering undergraduate and post-graduate Border Zones by agreement between institutions of Higher Education Colombia and neighboring countries.
PARÁGRAFO. To practice or University Chair is not required to approve the title thus obtained, as long as the institution of higher education in the neighboring country is duly approved by the State where it is located. It excluded from the above titles in health sciences and law.
ARTICLE 34. The National Government allocated annually in the budget of the Development Fund for Higher Education, FODESEP a game no less than 5,000 minimum monthly wages, bound for the modernization and strengthening of public institutions of higher education located in the border areas and to finance programs that advance together with the universities of neighboring countries.
ARTICLE 35. Public Universities to develop academic and research activities in the border areas, in use of its academic and research autonomy, and public or private entities whose purpose is connected to the border areas will be advisory bodies of State to achieve the objectives of this Act and the development of cooperation programs and integration with neighboring countries.
PARÁGRAFO. The Nation, the Departments and Border Municipalities, assigned resources in their respective budgets and concluded agreements they deem necessary to fulfill this advisory role.
ARTICLE 36. The Ministry of Education will give priority in the allocation of Law 21 of 1982 to projects aimed at the population of the border areas.
These resources may finance the construction, acquisition, repair and / or maintenance of infrastructure and equipment necessary for the provision of technical education, teacher training and special education service work.
ARTICLE 37. The School of Public Administration, ESAP, will adapt the programs later in the border areas to the training needs of public officials of departments and border towns, and those responsible for state action in the border areas.
CHAPTER VI. ADMINISTRATIVE MATTERS
ARTICLE 38. The Ministries, Administrative Departments and National Public Establishments related to foreign trade will open regional offices in the National Border Service Centers (CENAF).
ARTICLE 39. To fulfill the aims and objectives of this Act, the Foreign Trade Bank properly support the activities of international trade in border areas including the establishment of offices.
ARTICLE 40. The National Government for the purpose of inter-agency coordination will create a Presidential Council of Borders that depends on the Presidency of the Republic; the Presidential Council will receive and analyze the initiatives and actions related to border areas, will be permanent link between the public and private establishments, develop special plans for economic and social development for Border Zones and Special Units Border Development; this Ministry shall have the following functions: Effective Notes
A) Formulate together with the respective Ministries and other entities and agencies at the national, departmental and local level and in coordination with regional Corpes. the borders policy, social development programs and economic investment projects, ensuring the participation of the authorities and communities involved and their organizations;
B) promote actions for state agencies to implement the enforcement of this Act;
C) Coordinate actions with public and private entities, international cooperation and foreign for government compliance with this Act;
D) To promote the participation of communities, social organizations, indigenous black communities and Border authorities in binational commissions neighborhood; monitor and evaluate the development of the commitments arising therefrom;
E) To collect, promote and disseminate standards, programs and research related to border regime, in terms of fiscal, environmental, ethnic and foreign trade, border communities involving administrative aspects;
F) Address issues related to the problems of black communities and indigenous border, in coordination with local authorities and relevant administrative bodies;
G) Submit an annual report on the situation of the border areas and the fulfillment of the objectives set out in this Act;
H) To promote with neighboring countries bilateral agreements on a reciprocal basis to establish measures or procedures to facilitate obtaining dual citizenship to Indians in the border areas;
I) To ensure the participation of indigenous and black communities defined by Law 170/93 in the design and implementation of border policy;
J) other duties assigned by the National Government through regulatory decree, to be issued within a period of one year from the effective date of this Act.
ARTICLE 41. Create the Economic Modernization Fund for Border Areas, as a special account management, unincorporated within the administrative structure of the Presidential Council for Borders.
Article 42. Economic Resources Fund for the modernization of the border areas come from:
a. The contributions of the national budget;
B. Contributions and compensations received from the Border Zones and Territorial Units for Border Development;
C. Donations and other resources received in any capacity;
D. Other established.
PARÁGRAFO. The Presidential Adviser Border will seat on the National Council for Economic and Social Policy, Conpes.
ARTICLE 43. The municipalities of Maicao, Puerto Santander, Cucuta, Arauca, Puerto Carreno, San Miguel, Ipiales, Tumaco, Leticia, Puerto Inirida Mitu and developing border policy will have quality land ports and the national government the it will provide the necessary for its development after the effective date of this Act infrastructure.
ARTICLE 44. In implementation of Article 368 of the Constitution, the Nation, the Departments, Municipalities and Districts, subject to the provisions of other laws, provide in their annual budgets enough games to subsidize fares public utilities in the lower strata of the population in the border areas.