1997 ACT 385

(July 11)

Official Journal No. 43085 of 16 July 1997

By which the profession of the Naval Engineer and related professions is regulated in the national territory.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. For the purposes of this law, it is understood by the exercise of the professions of Naval Engineering and related, everything related to research, study, planning, counseling, execution, repair, operation and operation of the activities related to both sea and river vessels; study of the natural processes of the seas and rivers and the management and organization of the public and private enterprises related to the activities sea and/or river, among others.

ARTICLE 2o. Understand by Naval Engineering the profession that studies and projects the own systems of maritime and river vessels; and of the corresponding land facilities, participating in the planning and management of their design, construction, installation, maintenance and operation.

ARTICLE 3o. For the purposes of this law, they are considered as branches or related professions of Naval Engineering, the following:

-Physical and Chemical Oceanographers.

-Maritime Administrators and Administration Sciences professionals who perform their profession in the naval and maritime environment.

-Naval Architects.

-Marine Biologists.

-Marine Geologists.

-Ocean Engineers and others with specialty in Sea Sciences.

ARTICLE 4.. They are activities of the Naval Engineering and related professions, among others:

(a) Studies and projections of the systems of maritime and river vessels and related land facilities;

b) Planning and direction of craft design;

c) Construction, repair, maintenance, and operation of ships;

d) Study and investigation of all physical, natural and characteristic processes of the seas, rivers, coastlines and riverbanks and their adjacent and altamar areas;

e) Planning, organization and direction of public and private maritime and river activities in the logistic and administrative field.

ARTICLE 5o. To exercise the profession of Naval Engineering or the end of the profession in the territory of the Republic of Colombia, you must have:

(a) Professional title issued by a university approved by the Ministry of National Education or by a foreign university duly recognized by a competent Colombian authority;

(b) Professional registration issued by the Professional Council corresponding to the specialties authorized in this Law, in accordance with the regulations determined by the Government. The registration plate thus issued is presumed to be authentic.

PARAGRAFO. In the Possession Act you will be aware of the number of the registration number and of the Professional Council that would have issued it, as well as the specialty of the possesionate.

ARTICLE 6o. Only the registration of a Naval Engineer or a related professional may be issued in favor of the holder of the respective title, granted by university, institute or higher education level school. with the proper authorization of the National Government, for this purpose.

A Naval Engineer or Profession may be issued to the holder of the respective degree awarded by university, higher education level school or foreign institute, when they meet the following requirements:

(a) To the application for the issue of the registration with a basis in title granted by country with which Colombia has treaty of exchange of titles, the interested party shall be governed by the terms established in the respective convention or treaty;

b) To the application for the issue of the registration with a basis in title granted by country with which Colombia has no treaty of exchange of titles, the interested party must attach all the evidence that the National Government requires for the effect.

PARAGRAFO. In none of the cases referred to in this article, non-formal education titles will be recognized.

ARTICLE 7o. In the activities and works performed by the Naval Engineers and Finnish Professionals, the participation of foreign professionals will be regulated by the Ministry of Labor.

ARTICLE 8. Any work related to the exercise of the Naval Engineering or related professions should be directed according to the case, by Naval Engineer or afin professional, whose registration corresponds to the specialty (a) professional or

ARTICLE 9o. When in the position of expert or specialist, the opinion understands technical questions of the Naval Engineering or related professions, in any of its branches, will be entrusted to professionals with registration, depending on the subject matter.

ARTICLE 10. The Colombian Association of Naval Engineers and Finnish Professionals, Acinpa, will participate in the National Professional Council of Engineering and Architecture and in the National Professional Councils and Sectionals of the Specialties that Acinpa covers, and will collaborate with them in the surveillance of the lawful exercise of the professionals and report to the competent authorities the violations that are presented.

ARTICLE 11. The exercise of the Naval Engineering and related professions will be carried out in entities and organizations of the State, Companies of Mixed Economy and private sector companies.

ARTICLE 12. The faults against the professional ethics in which the Naval Engineers and Finnish Professionals incur, will be sanctioned by the Professional Councils of each specialty, without prejudice to the laws in force and the provisions in this article.

Naval Engineers and Finnish Professionals take on the company and the State a wide responsibility for the decisions, recommendations or proposals at the professional level that they perform and homologen with their signature and professional card number.

ARTICLE 13. Are the duties of Naval Engineers and Finnish Professionals:

a) Keep the respect, loyalty and honesty of your profession and the agremations to which you are affiliated;

b) Apply in a loyal, straight and dignified manner the philosophies, theories, concepts and technical and administrative principles, object of the profession;

c) Save professional discretion in all your concepts and information received, necessary for your professional work;

d) Attending with zealous diligence their professional duties;

e) Act with loyalty to your colleagues;

f) Always act with professional ethics;

g) Fully comply with the law of the profession.

ARTICLE 14. Constituency of Naval Engineer and Finnish Professionals:

a) The verification of the execution of any act that violates the duties contained in this law;

b) The illegal exercise of the Naval Engineer Profession and related professions;

c) Accept and run jobs for which it is not considered appropriate;

d) Do spoken or written advertising that is not limited to the name of the professional, his or her academic qualifications and specializations, positions and data relating to his or her professional address;

e) Issue judgments, certifications, reports, diagnoses, concepts, etc., based on non-truthful sources and/or with the purpose of favoring their own or third parties, to the detriment of others.

ARTICLE 15. The Naval Engineers and Finnish Professionals who are found to be in violation of the rules contained in these articles, will be punished with admonition, censorship, fine, suspension and exclusion, according to previous concept and opinion of the National Professional Council of the corresponding specialty:

a) The admonition consists of a written private care call that is made to the offender;

b) Censorship consists of a judgment that is made to the offender;

c) The fine consists of pecuniary penalty whose value will be regulated;

d) The suspension consists of the prohibition of the exercise of the profession for a term not less than two (2) months and a maximum of one (1) year;

e) Exclusion consists of the definitive prohibition of the exercise of the profession, which leads to the cancellation of the professional card:

PARAGRAFO. The amount of the fines will be directly proportional to the seriousness of the infringement and will correspond between one (1) to ten (10) minimum wages, under the concept of the National Professional Council of the respective specialty.

ARTICLE 16. The Professional of the Naval Engineering or Related Professions, which performs as an official employee and in the exercise of its charge violates any of the foregoing provisions or authorizes, facilitate, sponsor or cover the illegal exercise of the profession in any of its branches or specialties, without prejudice to the penalties applicable to it for the transgression of the criminal or police laws, in the absence of disciplinary action will sanction the suspension for the first time and with the dismissal in case of reoffending.

ARTICLE 17. The ethics rules that are set out in the preceding articles do not subsume any other unexpressed and that may result from the professional exercise in a correct and dignified manner.

ARTICLE 18. For the correct interpretation of the above rules, it should not be understood that everything is permitted as is not expressly prohibited, considering that they are general rules that tend to avoid failures against professional morale.

When situations do not fall within the above rules, they must be resolved by the Professional Councils of the respective Speciality, as long as they are of their competence.

ARTICLE 19. Recognize the Colombian Association of Naval and Professional Engineers "Acinpa" with legal status granted by the Mayor of Santa Fe de Bogota, District Capital by Resolution 211 of 13 April 1994, as the Technical Advisory Body of the Government for the issues and problems related to the Naval Engineering and Related Professions and Administrative Advisory Body on labour matters, related to these professions. Your concept will not be compulsory.

ARTICLE 20. The National Government by virtue of a regulatory decree of this law may define new areas specific to the activities of Naval engineers and Finnish Professionals, according to the changing needs of society.

ARTICLE 21. This law will be disseminated in all institutions of higher education that develop these professions, for incorporation of the respective Academic Pensum.

ARTICLE 22. This law governs from its enactment and repeals all provisions that are contrary to it.

The President of the honorable Senate of the Republic,

LUIS FERNANDO LONDONO CAPURRO.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

GIOVANNI LAMBOGLIA MAZZILLI.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Santa Fe de Bogota, D.C., on 11 July 1997.

ERNESTO SAMPER PIZANO

The Minister of National Defense,

GILBERTO ECHEVERRI MEJIA.

The Minister of National Education,

JAIME CHILD TEN.

The Minister of Labour and Social Security,

NESTOR IVAN MORENO ROJAS.