By Which The General Tourism Law Is Issued And Dictate Other Provisions

Original Language Title: Por la cual se expide la Ley General de Turismo y se dictan otras disposiciones

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300 OF 1996

(July 26)

Official Journal No. 42,845, July 30, 1996

For which the General Law of Tourism is issued and other provisions are dictated.

Vigency Notes Summary

THE CONGRESS OF THE REPUBLIC

DECRETA:

TITLE I.

GENERAL PROVISIONS AND PROVISIONS.

ARTICLE 1o. IMPORTANCE OF THE TOURISM INDUSTRY.

2 of Law 1558 of 2012. The new text is as follows: > Tourism is an essential industry for the development of the country and in particular of the different territorial entities and it fulfils a social function. As an industry, the charges applicable to providers of tourist services in tax matters will be those that correspond to industrial or commercial activity if it is more favourable to them. The State shall give special protection to it because of its importance for national development.

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ARTICLE 2o. PRINCIPLES. 3 of Law 1558 of 2012. The new text is as follows: > It is the guiding principles of the tourist activity:

1. Concertation. By virtue of which the decisions and activities of the sector will be socialized in agreements to assume responsibilities, efforts and resources among the different agents committed, both from the state sector and the national private sector international for the achievement of the common objectives that will benefit tourism.

Communities are in part and subject to consultation in decision-making processes in circumstances that warrant it, for this purpose will be brought to the prior free and informed consent as a legal instrument adjusted to the framework United Nations International.

2. Coordination. By virtue of which public entities in the tourism sector will act in a coordinated manner in the exercise of their functions.

3. Decentralisation. By virtue of which tourist activity is the responsibility of the different levels of the State in their areas of competence.

4. Planning. By virtue of which the tourism activities will be developed according to the tourism sector plan, which will be part of the national development plan.

5. Freedom of enterprise. By virtue of which, and in accordance with the provisions of article 333 of the Political Constitution, tourism is a free-initiative, free-access and free-initiative services industry competence, subject to the requirements laid down in the law and its regulatory standards. Tourism authorities at national and territorial levels will preserve the free market, open and fair competition, as well as freedom of enterprise within a regulatory framework of suitability, responsibility and balanced relationship with the users.

6. Promotion. By virtue of which the State will protect and give priority to the integral development of tourist activities, recreational activities and in general, everything related to this activity throughout the national territory.

7. Facilitation. By virtue of which the various bodies directly or indirectly linked to tourism, will simplify and pave the way for the procedures and processes which the higher tourism council identifies as obstacles to the development of the tourism.

8. Social, economic and cultural development. Tourism in accordance with Article 52 of the Political Constitution is a social and economic right of persons given their contribution to integral development in the use of free time and in the revalorization of the cultural identity of the communities.

9. Sustainable development. Tourism is developed in harmony with natural and cultural resources in order to guarantee its benefits to future generations. The determination of cargo capacity is a fundamental element of the application of this principle. Sustainable development is implemented in three basic axes: environment, society and economy.

10. Quality. By virtue of which, it is a priority to optimize the quality of destinations and tourism services in all their areas, in order to increase the competitiveness of the destination and to meet domestic and international demand.

11. Competitiveness. By virtue of which, the development of tourism requires the necessary conditions for the continuous improvement of the tourism industry, so that through the increase of the demand it generates wealth and encourages the investment of capital national and foreign.

12. Accessibility. Under which, it is the duty of the tourism sector to promote according to Article 13 of the Political Constitution, the elimination of barriers that prevent the use and enjoyment of tourist activity by all sectors of society, encouraging the equalization of opportunities.

13. Consumer protection. With a view to the development of tourism, the consumer will be subject to specific protection by public and private entities.

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ARTICLE 3o. CONFORMATION OF THE TOURISM SECTOR. 39 of Law 1558 of 2012 >

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ARTICLE 4. FROM THE VICEMINISTERIUM OF TOURISM. 32 of Decree 219 of 2000 >.

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ARTICLE 5o. FUNCTIONS OF THE VICE-MINISTER. 32 of Decree 219 of 2000 >.

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ARTICLE 6o. TOURISM STRATEGY ADDRESS. 32 of Decree 219 of 2000 >.

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ARTICLE 7o. OPERATIONAL ADDRESS. 32 of Decree 219 of 2000 >.

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ARTICLE 8o. HIGHER COUNCIL OF TOURISM. 32 of Decree 219 of 2000 >.

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ARTICLE 9o. COMPETENCIES. 32 of Decree 219 of 2000 >.

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ARTICLE 10. TOURIST FACILITATION TIPS. 32 of Decree 219 of 2000 >.

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ARTICLE 11. TOURISM TRAINING COMMITTEE. 32 of Decree 219 of 2000 >.

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TITLE II.

OF DECENTRALIZATION OF FUNCTIONS.

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ARTICLE 12. FORMULATION OF TOURISM POLICY AND PLANNING. For the purposes of this Law, the Ministry of Economic Development will formulate the Government's policy on tourism and will exercise the planning activities in harmony with the interests of the regions and territorial entities.

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ARTICLE 13. SUPPORT FOR DECENTRALISATION. The Ministry of Economic Development will support the decentralization of tourism, so that the competition of territorial entities in tourism matters is exercised in accordance with the principles of coordination, concurrency and subsidiarity. Article 288 of the National Constitution provides. For this purpose it shall establish technical assistance and advisory programmes for territorial entities.

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ARTICLE 14. REGIONAL HARMONY. The Departments, the Districts, the Municipalities, the Indigenous Territories, as well as the regions and provinces to which the law disclaims the character of territorial entities, will exercise their constitutional and legal functions. This is the first time that the European Parliament has been able to make a statement on the issue of tourism, in a coordinated and harmonious manner, subject to higher standards and the guidelines of the National Tourism Policy, in order to ensure a unified, rational and coherent management of tourism.

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ARTICLE 15. INSTITUTIONAL AGREEMENTS. With the aim of harmonizing the general policy of tourism with regional ones, the Ministry of Economic Development may sign agreements with the territorial entities for the implementation of the plans and programmes. agreed, allocating resources and responsibilities.

TITLE III.

TOURISM SECTOR PLANNING.

CHAPTER I.

OF THE NATIONAL DEVELOPMENT PLAN AND THE TOURISM SECTOR PLAN.

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ARTICLE 16. ELABORATION OF THE TOURISM SECTOR PLAN. The Ministry of Economic Development, following the procedure established by article 339 of the Political Constitution for the elaboration of the National Development Plan, will prepare the Tourism Sector Plan in coordination with the National Planning Department and the territorial entities, which will be part of the National Development Plan, after approval of the Conpes.

The Plan project will be presented to the Superior Council of Tourism for its concept.

The Tourism Sector Plan will contain elements to strengthen the sector's competitiveness, so that tourism finds favorable conditions for its development in the social, economic, cultural and environmental fields.

The territorial participation in the elaboration of the Tourism Sector Plan, will follow the same mechanism established in article 9or. 1 of Law 152 of 1994, for the formation of the National Planning Council.

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ARTICLE 17. DEPARTMENTAL, DISTRICT AND MUNICIPAL DEVELOPMENT SECTORAL PLANS. It is the responsibility of the Departments, the Regions, the Capital District of Santa Fe de Bogota, the Districts and Municipalities and the indigenous communities, the development of Sectoral Tourism Development Plans in their respective jurisdiction, based on this Law.

CHAPTER II.

AREAS OF PRIORITY TOURISM DEVELOPMENT AND TOURISM RESOURCES.

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ARTICLE 18. PRIORITY TOURISM DEVELOPMENT. 35 of Law 1558 of 2012. The new text is as follows: > The District or Municipal Councils prior to the approval of the Ministry of Commerce, Industry and Tourism or at the request of this Ministry, in exercise of the powers indicated in the article 313 numeral 7 of the Political Constitution, will determine the Priority Tourist Development Zones, which will produce the following effects:

1. The use of soil to ensure the priority development of tourism activities. The tourist use will take precedence over any other use that is later decreed on such areas, and that it is not compatible with the tourist activity.

2. Local support in the provision of these areas of public services and basic infrastructure, according to district or municipal master plans.

PARAGRAFO 1o. Pursuant to article 32, numeral 7 of Act 136 of 1994, District or Municipal Councils, may establish exemptions on taxes of their competence in the areas of priority tourism development.

PARAGRAFO 2o. The Ministry of Commerce, Industry and Tourism and the National Tourism Fund, will support with promotion and competitiveness actions the areas declared by the District and Municipal Councils as Zones of Priority Tourist Development.

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ARTICLE 19. TOURIST FREE ZONES. The Tourist Free Zones will continue to be governed by Decree 2131 of 1991, except for the provisions of the following articles.

The new tourism investments that will be made in the Archipelago Departments of San Andres and Providencia, Amazonas and Vichada, will have the benefits that are granted to investments in tourist free zones, prior to the approval of the The Ministry of Foreign Trade and Economic Development, in compliance with the same requirements as for the declaration of the Tourist Free Zone, establishes Decree 2131 of 1991.

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ARTICLE 20. DECLARATION OF DECLARATION. For the purposes of the Declaratory of the Tourist Free Zone, the corresponding Resolution must be signed by the Ministers of Foreign Trade and Economic Development.

The Ministry of Economic Development will be part of the Committee of Free Tourism Zones that will be in agreement with the aim of determining the policy of promotion, operation and control of the same.

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ARTICLE 21. COMMITTEE OF FREE ZONES. The Committee of Free Zones referred to in the Social Security Development Plan, adopted by article 2, of Law 188 of 1995 will be composed of:

1. The Minister of Foreign Trade, who will preside over him and will be able to delegate his representation to the Deputy Minister.

2. The Minister for Economic Development or his delegate.

3. The Minister of Finance or his delegate.

4. The Director of the National Tax and Customs Directorate, DIAN or his delegate.

5. The Director of the National Planning Department or its delegate.

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ARTICLE 22. FUNCTIONS OF THE COMMITTEE OF FREE ZONES. The Committee of Free Zones shall have, inter alia, the following functions:

1. To study and issue a concept on applications for a free zone submitted for consideration by the Ministry of Foreign Trade.

2. To analyze and propose the policies of operation and promotion of the free zones and the mechanisms of control.

3. To issue a concept on requests for extension or reduction of free zones.

PARAGRAFO 1o. For the purpose of coordinating actions with the private sector, the Committee of Free Zones will be able to meet periodically with industry entrepreneurs.

PARAGRAFO 2o. The Free Zones Committee will give its own rules.

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ARTICLE 23. TOURISM RESOURCES. The Ministry of Economic Development, after consulting the Superior Council of Tourism, may request the District or Municipal Councils to declare it as public utility resources those urban areas or rural, plazas, roads, monuments, buildings and others to be developed subject to special plans, acquired by the State or preserved, restored or rebuilt.

PARAGRAFO 1o. Only tourist resources can be declared in the indigenous territories and in the black communities, with the consent of the respective communities that traditionally inhabit them. agreement with the mechanisms outlined by the Law for this purpose.

PARAGRAFO 2o. The Ministry of Economic Development will draw up a tourism inventory of the country that allows the identification of tourist resources, within a period not exceeding six months from the date of the present law. This inventory will serve as a basis for defining the promotion programmes to be undertaken.

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ARTICLE 24. EFFECTS OF THE DECLARATION OF A TOURIST RESOURCE. The declaration of a tourist resource issued by the competent authority shall have the following effects:

1. The object of the declaratory shall be particularly affected by its exploitation as a national or regional tourist attraction, with priority being used for other purposes other than tourism.

2. Where the object of the declaration is public, it shall have a programme and a budget for reconstruction, restoration and conservation in charge of the budget of the territorial entity in whose jurisdiction it is located. In case the declaration of tourist resources has been requested by the Ministry of Economic Development, the resources for its reconstruction, restoration and conservation will be in charge of the National Budget, for which the Ministry of Economic Development will manage the enrollment of the project in the National Investment Projects Bank and its approval by the National Planning Department. The acts of declaratory of tourist resources shall indicate the authority or entity entrusted with the administration and conservation of the object of the declaration. Pursuant to this Law, the administration and exploitation of public goods which are the subject of a declaration of a tourist resource may be delegated to private individuals by way of contracting or granting.

CHAPTER III.

OF THE TOURIST TOLL.

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ARTICLE 25. TOURIST TOLL. In accordance with article 313 of the Political Constitution, authorize the Municipal Councils of those municipalities with less than a hundred thousand inhabitants, who have great historical value, It is also necessary to establish a tourist toll, in accordance with the regulations that the respective Municipal Council will issue for the purpose. Such a toll may be established at the access to the respective tourist sites.

The Municipal Councils will be able to exercise the authorization granted to them by this article, a favorable concept issued by Colcultura, the Ministry of Economic Development, the Higher Council of Tourism and the Ministry of Finance and Credit Public.

The fee to be set for the toll may not exceed a statutory minimum daily wage per vehicle for public or commercial use and means minimum legal daily wage per vehicle of particular use.

The resources to be collected for the toll established in this article, will be part of the revenue and expenditure budget of the municipality and must be used exclusively for cleaning and ornato works or that lead to the preservation or improve the historical sites, buildings and monuments of the municipality.

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TITLE IV.

ECOTOURISM, ETHNOTOURISM, AGROTOURISM, AQUATURISM AND METROPOLITAN TOURISM.

UNIQUE CHAPTER.

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ARTICLE 26. DEFINITIONS. 4 of Law 1558 of 2012. The new text is as follows: >

1. Tourism. A set of activities carried out by people-tourists-during their travels and stays in places other than their usual surroundings, for purposes among others of leisure, culture, health, events, conventions or business.

According to the travel of travelers, tourism can be:

(a) Issuer tourism. The one performed by nationals abroad.

b) Domestic tourism. The one performed by the residents in the economic territory of the country.

c) Receptive Tourism. The one performed by non-residents, in the economic territory of the country.

d) Excursionist. Name hikers non-residents who do not enter the country with a different end to transit.

2. Tourist. Anyone who travels to a place other than their usual residence, who stays at least one night at the place he visits and whose main reason for travel is leisure, rest, occupation of free time, pilgrimages, health, or other different to an activity at the place of destination.

International tourists are also considered to be cruise passengers and Colombians resident abroad for a visit to Colombia.

3. Load capacity. It is the maximum number of people for the use of tourism that an area can support, ensuring maximum satisfaction for visitors and a minimum impact on natural and cultural resources.

This notion implies the existence of limits to use, determined by environmental, social and management factors that define environmental authority.

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ARTICLE 27. JURISDICTION AND JURISDICTION. Pursuant to the provisions of Law 99 of 1993, it is for the Ministry of the Environment, in coordination with the Ministry of Economic Development, to administer the The National Park System, which includes the National Natural Park System, will ensure its protection, conservation and regulation of its use and operation.

Therefore, whenever the ecotourism activities that are intended to be developed in the areas of the Natural National Park System, it will be these entities that define the viability of the projects, the services that will be offered, the allowed activities, load capacity, and operating mode.

PARAGRAFO. In those natural areas of reserve or special handling, other than the System of Parks that may have tourist use, the Ministry of the Environment will define, jointly with the authorities of tourism, the regulations, the services, rules, conventions and concessions of each case, according to the convenience and compatibility of these areas.

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ARTICLE 28. PLANNING. The development of ecotourism projects in the areas of the Natural National Park System must be subject to the planning procedures outlined by the Law. To this end, they should consider their development only in the areas planned as the zones of high intensity of use and general recreation area outside, according to the management plan or the master plan of the areas (with a vocation ecotourism.

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ARTICLE 29. PROMOTION OF ECOTOURISM, ETHNOTOURISM, AGROTOURISM, AQUATURISM AND METROPOLITAN TOURISM. The State will promote the development of ecotourism, ethnotourism, agrotourism, aquaturism and metropolitan tourism, for which the Sectoral Tourism Plan will have to contain guidelines and specific support programmes for these modalities, including programmes for the dissemination of the offer.

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ARTICLE 30. INSTITUTIONAL COORDINATION. The Tourism Sector Plan to be prepared by the Ministry of Economic Development should include aspects related to ecotourism, ethnotourism, agrotourism, aquaturism and metropolitan tourism for which must coordinate with the Ministry of the Environment.

The sectoral tourism development plans to be developed by the local authorities should include aspects related to ecotourism coordinated with the Regional Autonomous Corporations and/or Sustainable Development.

The constitution of committees at national and regional level will be promoted in order to achieve adequate institutional and cross-sectoral coordination to promote technical, educational, financial and training cooperation agreements related to the The theme of ecotourism, ethnotourism and agrotourism.

Through these committees, awareness among the decision-making bodies on the problems of the National Natural Park System and other areas of special management and forest reserve zones will be promoted. protection and conservation programmes.

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ARTICLE 31. SANTIONS. In case of violations of the system of the System of Natural National Parks, the procedure and the penalties imposed for these violations will be applied.

Likewise, whenever environmental violations occur in other areas of special management or reserve zones, the measures provided for in Law 99 of 1993, or in the provisions that reform or replace it, shall apply. This is without prejudice to the penalties applicable to the contravents of this Law.

TITLE V.

TOURISM OF SOCIAL INTEREST.

UNIQUE CHAPTER.

GENERAL ASPECTS.

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ARTICLE 32. TOURISM OF SOCIAL INTEREST. Definition. It is a public service promoted by the State with the purpose that persons of limited economic resources can access the exercise of their right to rest and the use of free time, through programs that allow them to carry out activities of healthy recreation, recreation, sport and cultural development under appropriate conditions of economy, security and comfort.

PARAGRAFO. 13 of Law 1558 of 2012. The new text is as follows: > Understand by persons of limited economic resources those whose monthly family income is equal to or less than two (2) current monthly minimum statutory wages.

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ARTICLE 33. PROMOTION OF TOURISM OF SOCIAL INTEREST. 14 of Law 1558 of 2012. The new text is as follows: > For the purpose of being more inclusive and to guarantee the right to recreation, to the practice of sport and to the use of the free time enshrined in the article 52 of the Political Constitution, the State shall promote the development of tourism of social interest. To this end, the Viceministerium of Tourism, with the support and in coordination with the agencies and competent entities, will promote the constitution and operation of enterprises of the social sector, that aim to the provision of tourist services accessible to the least favoured population. It will also promote the combination of efforts to improve the attention and development of those places where it can be susceptible to raise its economic level of life, through the tourism industry, for this purpose the sectorial plan of tourism will have to contain guidelines and programmes to support tourism of social interest.

PARAGRAFO. An integral part of this sector will be the entities that develop recreation or social tourism activities, in particular the Family Compensation Boxes.

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ARTICLE 34. CO-FINANCING OF TOURISM OF SOCIAL INTEREST. Additional Article 2or. of Decree 2132 of 1992, which will be as follows:

The Fund for Social Investment Co-financing, FIS, will be the sole purpose of co-financing the implementation in a decentralised manner of programmes and projects presented by the territorial entities, including those providing for subsidies to the demand, in the field of health, education, culture, recreation, sports, use of the free time and attention of vulnerable groups of the population. Its resources may be used for investment programmes and projects and for operational expenditure in the initial stages of the respective programme and project, for the time to be determined in accordance with the regulations adopted by its Board of Directors. Priority will be given to programs and projects using the Demand Subsidy System; to those targeted at the poorest and most vulnerable population groups and to those who contemplate the constitution and development of autonomous entities, administrative and patrimonial services for the provision of education and health services.

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ARTICLE 35. OLDER ADULTS, PENSIONERS, PERSONS WITH DISABILITIES, YOUNG PEOPLE AND STUDENTS BELONGING TO STRATA 1 AND 2, AND IN PARTICULAR TO THE CHILDREN OF LEVELS I AND II OF SISBEN. 15 of Law 1558 of 2012. The new text is as follows: > The National Government will regulate the programs of services and special discounts in the field of tourism for the persons referred to in this article as long as they belong to the strata 1 and 2 and in special to the carnetizers of the levels I and II of the Sisben.

The National Government will promote the subscription of agreements with tourism service providers and Family Compensation Banks, through which appropriate prices and conditions will be determined, as well as packages that make it possible compliance with the objectives of this Article, for the benefit of this population.

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ARTICLE 36. YOUTH TOURISM. According to the Political Constitution, the National Government will support, with the Vice-Ministry of Youth, plans and projects aimed at promoting tourism for youth.

To this end, the National Government will allocate the necessary resources from the national budget.

PARAGRAFO. The Family Compensation Boxes will design recreation and tourism programs that involve the children and youth, for which they will be able to carry out agreements with public and private entities that allow them to use parks urban, youth hostels, communal houses, camping sites, campesstress schools and their own recreational and holiday infrastructure.

TITLE VI.

OF MARKETING, TOURISM PROMOTION AND INTERNATIONAL TOURISM COOPERATION.

CHAPTER I.

MARKETING AND TOURISM PROMOTION PLANS FOR DOMESTIC AND INTERNATIONAL TOURISM.

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ARTICLE 37. TOURISM PROMOTION PROGRAMS. It is for the Ministry of Economic Development, after consulting the Steering Committee of the Tourism Promotion Fund<1 >, to design the promotion policy and marketing of the country as a tourist destination and to advance the studies that serve as technical support for the decisions taken in this respect.

The execution of the promotion programs will be in charge of the Managing Entity of the Tourism Promotion Fund<1 >, according to the contracts that for the effect subscribe with the Ministry Economic Development and with the National Tourism Corporation *.

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ARTICLE 38. PROMOTION OFFICES ABROAD. The Ministry of Economic Development may conclude inter-administrative agreements with the Ministry of Foreign Trade, as well as with Proexport Colombia, so that through its Commercial and Representatives of its offices abroad can carry out research and promotion efforts, in order to increase tourist flows to Colombia. The expenses incurred in these promotional activities will be carried out by the Tourism Promotion Fund<1 >.

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