Law 366 of 1997
Official Gazette No. 43.004 of March 17, 1997
Whereby the liquidation, retention, collection, distribution and transfers of income derived from the exploitation is regulated precious metals and other provisions. Summary
THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. Buyers, smelters and processors of precious metals settled and will retain the revenues provided by law deriving from the exploitation of them at the time that they receive or acquire and pay.
The National Government will regulate the liquidation, retention, collection, distribution and transfer of income from the exploitation of gold, silver, platinum and polymetallic concentrates for export.
. The municipalities of precious metals producers keep a register of holdings that are made in their jurisdiction and natural or legal persons engaged in the extraction and marketing.
The municipality may suspend operations or activities of persons engaged in the extraction and marketing of precious metals that does not have the registration set forth herein.
This log is distinct from the provisions of Chapter XXI of Decree 2655 of 1988, or the regulation replacing it and in no case confer mining rights over exploited areas.
ARTICLE 3. Each miner or trader declared in the sales form that serves as support for the settlement and collection of revenues provided by law derived from the exploitation of precious metals under oath that means provided by signing the form, the exact origin of the precious material. Copies of the form will be delivered to the municipality of origin of the metal, one of which shall be sent to the Ministry of Mines and Energy.
These forms once filled out before the respective municipal authorities for certification and its display will be a condition for withholding ordered in this law practice.
ARTICLE 4. No public entity may allocate resources to stimulate Treasury or benefit directly or through an intermediary operators and dealers in precious metals in order to testify on the origin or source of the precious mineral.
The 5th ITEM. Hereby added to Chapter One of Title III of the Criminal Code the following article to be incorporated as a crime against public property:
"Article 139A public servant and / or official who treasure allocate resources to stimulate or benefit directly or. through an intermediary operators and dealers in precious metals in order to testify on the origin or source of the precious mineral, be liable to imprisonment of two to ten years, a fine of one hundred to five hundred minimum monthly wages and shall be disqualified performance of public functions. Likewise, in the judgment shall be ordered to reinstate for the public treasury the sums paid.
the same penalty shall be incurred by receiving the same purpose the resources of the treasury or who declare production of precious metals in favor producer different municipalities. "
ARTICLE 6o. The Ministry of Mines and Energy will collect, distribute, and transfer income derived from the exploitation of gold, silver, platinum and polymetallic concentrates destined for export.
If it is found that the municipality indicated by the mining there are no holdings of precious metals, or there it is found that the metals were not extracted in the municipality declared, the collected revenues are distributed among all municipalities in the country to appear producers in the relationship of the Ministry of Mines and Energy, which in turn will destine to investments for environmental protection.
ARTICLE 7. Is empowered to municipal mayors to take all designed to verify the amounts of mineral production, the basis for the settlement of income derived from the exploitation of precious metals and to verify the origin of them so that their declaration is to ensure necessary measures for producers municipalities, for which they may be inspected periodically or permanently production of the respective holdings, set the checkpoint and inspect accounting books, among others.
Article 8. Control over the liquidation, retention, collection, distribution and transfer of income under the law derived from the exploitation of gold, silver, platinum and concentrates polymetallic destined for export, will be in charge of the Special Administrative Unit the Directorate General of Customs tax, for which apply, as appropriate, rules on supervision, termination, penalties, discussion and enforced collection of taxes embodied in the tax Code.
Article 9. Effective Jurisprudence
Article 10. This Law governs from the date of its publication and repeals the rules that are contrary.
The President of the honorable Senate. LUIS FERNANDO LONDOÑO CAPURRO
The Secretary General, PUMAREJO VEGA PEDRO
The President of the honorable House of Representatives, GIOVANNY LAMBOGLIA MAZZILLI
DIEGO VIVAS TAFUR
Republic of Colombia - National Government
published and execute.
Given in Santa Fe de Bogota, DC, 12 March 1997.
Ernesto Samper Pizano Minister of Finance and Public Credit, José Antonio Ocampo Gaviria
The Minister of Mines and Energy, RODRIGO VILLAMIZAR