ACT 397 OF 1997
Official Gazette No. 43102 of August 7, 1997
Whereby Articles 70, 71 and 72 and other related articles of the Constitution are developed and rules on cultural heritage, poultices and encouragement to culture dictate, the Ministry of culture is created and move some units. Summary
THE CONGRESS OF COLOMBIA,
DECREES: TITLE I.
FUNDAMENTAL PRINCIPLES AND DEFINITIONS ARTICLE 1o. FUNDAMENTAL PRINCIPLES AND DEFINITIONS OF THIS LAW. This law is based on the following fundamental principles and definitions:
1. Culture is the set of distinctive spiritual, material, intellectual and emotional features that characterize human groups and comprising, beyond the arts and literature, lifestyles, human rights, value systems, traditions and beliefs.
2. Culture, in its various manifestations, is the basis of nationality and activity of Colombian society as a whole, and individually and collectively process generated by the Colombians. Such statements are an integral part of the identity and Colombian culture.
3. The State will promote and stimulate the processes, projects and cultural activities within a framework of recognition and respect for diversity and cultural diversity of the Colombian nation.
4. In any case the State shall exercise censorship over the form and content of ideological and artistic achievements and cultural projects.
5. It is the obligation of the State and people assess, protect and spread the Cultural Heritage of the Nation.
6. The State guarantees ethnic and linguistic, black communities and island groups and indigenous peoples the right to preserve, enrich and disseminate their identity and cultural heritage, to generate the knowledge of them according to their own traditions and to benefit from an education to ensure these rights.
The Colombian State recognizes the specificity of Caribbean culture and provide special protection to its various expressions. Effective Jurisprudence
7. The State shall protect the Castilian as the official language of Colombia and languages of indigenous peoples and black and island communities in their territories. Likewise, it promotes strengthening of Amerindian and Creole languages spoken in the country and undertake to respect and recognition of them in the rest of society.
8. Economic and social development should be articulated closely with the cultural, scientific and technological development. The National Development Plan will take into account the National Culture Plan formulated by the Government. Public resources invested in cultural activities will, for all legal purposes, the character of public social spending.
9. Respect for human rights, coexistence, solidarity, interculturality, pluralism and tolerance are fundamental cultural values and essential basis of a culture of peace.
10. The State guarantees free research and encourage research talent within the parameters of quality, academic rigor and coherence.
11. The State shall promote the creation, expansion and improvement of artistic and cultural infrastructure and ensure access of all Colombians to it.
12. The State shall promote the interaction of national culture with universal culture.
13. The State, in formulating its cultural policy, will consider both the creator, the manager and the recipient of culture and guarantee access of Colombians to demonstrations, cultural goods and services on equal opportunities, giving special treatment to limited persons physical, sensory and psychically, the elderly, children and youth and the neediest social sectors.
. THE ROLE OF THE STATE IN CONNECTION WITH THE CULTURE. The functions and services of the State in relation to culture will be met in accordance with the provisions of the preceding article, given that the primary objective of the state policy on the matter are the preservation of the Cultural Heritage of the Nation and support and encouraging individuals, communities and institutions to develop or promote artistic and cultural expressions in local, regional and national levels.
ARTICLE 3o. The Ministry of Culture will coordinate state action for the formation of the new citizen as established by Articles 1. 18 of Law 188 of 1995, National Development Plan.
CULTURAL HERITAGE OF THE NATION
. INTEGRATION OF CULTURAL HERITAGE OF THE NATION. The cultural heritage of the Nation consists of all material goods, intangible manifestations, products and representations of culture which are an expression of Colombian, such as the Spanish language nationality, languages and dialects of indigenous communities, black and creoles, tradition, ancestral knowledge, cultural landscape, customs and habits, as well as material goods furniture nature and property that are held, among others, special historical, artistic, scientific, aesthetic interest symbolic in areas such as plastics, architectural, urban, archaeological, linguistic, sound, musical, audiovisual, film, testimonial, documentary, literary, bibliographic, museological or anthropological.
A) Objectives of state policy regarding the cultural heritage of the nation. State policy in relation to the cultural heritage of the nation will have as main objectives the preservation, protection, restoration, conservation, sustainability and dissemination of the same, in order to serve as a witness to the national cultural identity, both in the present and in the future.
To achieve the objectives mentioned in the preceding paragraph, the development plans of local authorities and plans of communities, social groups and population incorporated these should be harmonized in cultural matters with the Ten-Year Plan culture and the National Development Plan and allocate resources for the preservation, conservation, restoration, conservation, sustainability and dissemination of cultural heritage;
B) Application of this law. This law defines a special safeguard measures, protection, sustainability, disclosure and encouragement for cultural heritage assets of the nation that are declared as cultural assets in the case of material goods and the statements included in the Representative List of World Heritage Intangible Cultural accordance with the evaluation criteria and requirements regulating the entire national territory for the Ministry of Culture.
The declaration of a material well as of cultural interest, or the inclusion of a demonstration on the Representative List of Intangible Cultural Heritage is the administrative act by which, subject to compliance with the procedure provided in this Act, the national authority or territorial, indigenous or community councils of black communities authorities, according to their skills, determine that a good or manifestation of the cultural heritage of the Nation is sheltered by the Special Regime for Protection or safeguard provisions of this law.
The declaration of cultural interest may well fall on a material particular, or to a particular collection or set in which case the declaration shall contain appropriate measures to keep them as an indivisible unit.
Are considered as cultural assets of the national, departmental, district, municipal, or indigenous or black communities that treats the Law 70 of 1993 territories fields and therefore are subject to the respective regime such, material goods declared as monuments, conservation areas historical, archaeological or architectural, historical sites, or other names that prior to the enactment of this law, have been subject to such undertaking by the competent authorities, or have been incorporated to land management plans.
Also, they are considered as cultural assets of national archaeological heritage assets;
C) Property of Cultural Heritage of the Nation. The assets of the cultural heritage of the nation, as well as cultural assets belong, as appropriate, to the nation, public entities of any order or natural or legal persons of private law.
The assets that comprise the archaeological heritage belong to the nation and are governed by special rules on the subject.
PARÁGRAFO. The right of churches and religious denominations of owning the cultural heritage they have created, acquired or resources under their legitimate possession. Similarly, the nature and purpose of such religious goods are protected, which may not be hindered or impeded by their cultural value.
When Under Article 15 of Law 133 of 1994, the State through the Ministry of Culture, held with the respective churches and religious denominations, conventions for the protection of this heritage and to the effective implementation of the Special Protection Regime if they had been declared of cultural interest, including restrictions on their sale and exports and measures for inventory, conservation, restoration, study and exhibition. Effective Notes
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The 5th ARTICLE. NATIONAL SYSTEM OF CULTURAL HERITAGE OF THE NATION. The National System of Cultural Heritage of the Nation is constituted by all public institutions of national and territorial level that have responsibility for cultural heritage of the nation, for goods and manifestations of the cultural heritage of the nation, for the property of interest cultural and their owners, beneficial owners to any title and forks, by the demonstrations incorporated into the Representative List of Intangible Cultural Heritage by the set of instances and institutional development processes, planning, information, and skills and public obligations and particular, hinged together, which enable the protection, safeguard, recovery, conservation, sustainability and dissemination of cultural heritage of the nation.
Are public entities of the National System of Cultural Heritage of the Nation, the Ministry of Culture, the Colombian Institute of Anthropology and History, the General Archive of the Nation, the Instituto Caro y Cuervo, the National Council of Cultural Heritage, the Departmental and District councils of Cultural heritage and, in general, state entities at national and regional level to develop, fund, promote or carry out activities related to the cultural heritage of the nation.
The National System of Cultural Heritage will be coordinated by the Ministry of Culture, for which it will set the general policies and issue technical and administrative regulations, which must abide by entities and individuals that make up that system. Effective Notes
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. ARCHAEOLOGICAL HERITAGE. The archaeological heritage includes those vestiges product of human activity and those organic and inorganic moieties by the methods and techniques of archeology and related sciences, allow rebuilding and publicize the origins and socio-cultural paths past and ensure their conservation and restoration. For the preservation of goods under the paleontological heritage the same instruments established for the archaeological heritage shall apply.
In accordance with Articles 63 and 72 of the Constitution, property of archaeological heritage they belong to the Nation and are inalienable and indefeasible.
The Colombian Institute of Anthropology and History, ICANH, may authorize natural or legal persons to exercise ownership of assets of archaeological heritage, provided that they comply with the registration obligations, management and security of such property determined the Institute.
Private holders of archaeological property must register. Failure to register within a maximum period of 5 years from the effective date of this law is grounds for confiscation under Decree 833 of 2002, without prejudice to other grounds established there.
The ICANH is the competent institution in the country regarding the management of archaeological heritage. This may declare protected areas where there are goods described in paragraph 1st this article and approve the respective Archaeological Management Plan, declaration does not affect land ownership.
Matches PARAGRAPH 1.
. Who accidentally find real members of the archaeological heritage must immediately notify the Colombian Institute of Anthropology and History or civil authority or nearest policing, which have an obligation to report the fact that entity, within twenty-four (24) following the meeting hours.
Meetings of property belonging to the archaeological heritage carried out in the course of archaeological excavations and explorations authorized, they will be reported to the Colombian Institute of Anthropology and History, in the manner provided in the corresponding authorization.
Receiving the information, the Colombian Institute of Anthropology and History, define the measures applicable for adequate protection of property belonging to the archaeological heritage and coordinate with the relevant local authorities. If necessary suspend immediately the activities that gave rise to meet those goods, it may be referred to law enforcement, which will provide immediate competition. PARAGRAPH 2.
. The archaeological heritage is governed exclusively by the provisions of this article, by Decree 833 of 2002, and the provisions of this law that expressly included. Effective Notes
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Article 7. NATIONAL COUNCIL OF CULTURAL HERITAGE. From the effective date of this law, the National Monuments Council will be called National Council of Cultural Heritage and the body responsible for advising the Government regarding the safeguarding, protection and management of cultural heritage of the nation.
A) Integration of the National Council of Cultural Heritage. The National Council of Cultural Heritage will be composed as follows:
1. The Minister of Culture or his delegate, who will preside.
2. The Minister of Commerce, Industry and Tourism or his delegate.
3. The Minister of Environment, Housing and Territorial Development or his delegate.
4. The Dean of the Faculty of Arts of the National University of Colombia or his delegate.
5. The President of the Colombian Academy of History or his delegate.
6. The President of the Colombian Academy of Language or his delegate.
7. The President of the Colombian Society of Architects or his delegate.
8. A representative of the universities that have departments in charge of the study of cultural heritage.
9. Three (3) distinguished experts in the field of safeguarding or conservation of cultural heritage designated by the Minister of Culture.
10. The Director of the Colombian Institute of Anthropology and History or his delegate.
11. The Director of the Instituto Caro y Cuervo or his delegate.
12. The Director of Heritage of the Ministry of Culture, who will participate in the sessions with voice but no vote and exercise the Technical Secretariat of the National Council of Cultural Heritage.
13. The Director of the General Archive of the Nation or his delegate. Effective Notes
The National Government will establish the functions of the National Council of Cultural Heritage and regulate matters relevant to the regime session, period, quorum and fees of the members of these councils, as well as related technical secretariats of themselves and their functions . Similarly may, by decree, expand the representation of other state agencies or private sectors, in order to have experts in the comprehensive management of cultural heritage material and immaterial nature;
B) Departmental Councils of Cultural Heritage. Créanse Departmental Councils of Cultural Heritage in each of the departments, which comply with respect to the cultural heritage of the territory and objects of cultural interest, municipal, departmental level of indigenous territories and black communities that treats law 70 of 1993, similar to the National Council of Cultural Heritage functions;
C) District Councils of Cultural Heritage. Créanse the District Councils of Cultural Heritage in each of the districts, which will comply with respect to the cultural heritage and cultural assets of the district level, similar to the National Council of Cultural Heritage functions. PARAGRAPH 1.
. The composition of the Departmental and District Councils of Cultural Heritage will be defined by the departmental and district authorities, as appropriate. For this purpose is considered the characteristics of cultural heritage in the respective Department or District and participation will be experts in the field of movable and immovable heritage in the intangible cultural heritage, and public entities and specialized academic institutions in these fields. In any case, when in a certain territorial jurisdiction has settled indigenous or black communities, participation will be given at least one representative of the same. PARAGRAPH 2.
. The sessions of the Councils referred to in this article may be invited to speak but not vote, public officials and other persons that those fit.
PARÁGRAFO TRANSIENT. Departments and / or Districts have six months to comply with the provisions of this article, counted from the promulgation of the law. Effective Notes
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. PROCEDURE FOR THE DECLARATION OF INTEREST CULTURAL GOODS.
A) The Ministry of Culture, after approval of the National Council of Cultural Heritage, it is for the declaration and management of cultural assets the national level.
They are goods of cultural interest of national declared as such by the law, the Ministry of Culture or the General Archive of the Nation, in its competence, due to the special interest that good for the community magazine throughout the national territory;
B) A territorial entities, based on the principles of decentralization, autonomy and participation, it is up the declaration and management of cultural assets of departmental, district, municipal level, indigenous territories and black communities that treats the Law 70 of 1993, through the governors, mayors or respective authorities, after approval of the relevant Departmental Council of Cultural Heritage, or the district Council of Cultural Heritage in the case of the districts.
They are cultural assets the scope of the respective territorial jurisdiction declared as such by the departmental authorities, district, municipal, indigenous territories and black communities that treats the Law 70 of 1993, in the scope of its powers, because of the special interest magazine that good for the community in a particular territorial division.
The cultural assets of departmental, district, municipal level, indigenous territories and black communities that treats the Law 70 of 1993, may be declared as cultural assets of national level by the Ministry of Culture as provided in paragraph a) of this article, in coordination with the respective Departmental Council or District of Cultural Heritage, on the values of the good in question.
For the declaration and management of cultural assets the principle of coordination between the national, departmental, district and municipal levels, indigenous territories and black communities that treats the Law 70 shall apply procedure
1993. the declaration of cultural assets will address the following procedure, both at the national and territorial order:
1. The well in question be included on a Tentative List of Candidates Cultural Interest by the competent authority to make the declaration.
2. Based on the list in the preceding paragraph, the competent authority for the declaration will define whether it requires a Special Management Plan and Protection.
3. Once completed the procedure described in the preceding two paragraphs, the National Council of Cultural Heritage regarding the assets of the national, or the respective Department or District Council of Cultural Heritage, as appropriate, will issue its concept on the declaration and Plan special Management and Protection if good so requires.
4. If the concept of the respective Council of Cultural Heritage is favorable, the authority made the declaration and in the same act approve the Special Protection Management Plan and if this is requires. PARAGRAPH 1.
. Should the declaration referred to in this article arise private or individual initiative the same procedure, in which case the individual applicant shall submit the respective Special Management Plan and Protection if this was required will continue, and this will be subject to review respective Council of Cultural Heritage. PARAGRAPH 2.
. Recall. The revocation of the act of declaration of assets of cultural interest rate corresponds to the authority which issued it, after approval of the respective Council of Cultural Heritage, in the case where such goods have lost the values that gave rise to the declaration. In the case of the revocation of declarations of national monuments or cultural assets made by the Ministry of Education, the revocation responsibility of the Ministry of Culture. Effective Notes
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Article 9. UNDERWATER CULTURAL HERITAGE. Effective Notes
inembargabilidad, imprescriptible and inalienable. The cultural assets owned by public entities, are unalienable, imprescriptible and inalienable.
. The Ministry of Culture authorized, in exceptional cases, the sale or loan of cultural assets the national level between public entities. The mayors, governors and authorities of indigenous territories and black communities that treats the Law 70 of 1993, will be responsible for giving effect to the provisions of this paragraph with respect to cultural assets declared by them.
The authorities referred to in this paragraph may authorize public institutions owning cultural assets to give them lent to private non-profit recognized suitability, up by five (5) years, renewable subject to the provisions of Article 355 of the Constitution, celebrate interadministrativos and association agreements as provided in articles 95 and 96 of Law 489 of 1998 or the rules that modify or replace, and generally hold any kind contract, including concession, involving the supply of those goods to private persons, provided that any of the modalities to be used is directed to provide and guarantee necessary for the protection, restoration, conservation, sustainability and dissemination thereof, without affecting the inalienable, and indefeasible. Effective Notes
ARTICLE 11. SPECIAL SYSTEM FOR THE PROTECTION OF CULTURAL ASSETS INTEREST. Material goods of cultural interest of public and private property shall be subject to the following Special Protection Regime:
1. Special Plan Management and Protection. The declaration of a well as cultural attractions includes the Special Protection Management Plan and -PEMP-, when required in accordance with defined in this law. The MTSP is the management tool of cultural heritage by which the necessary measures to ensure their protection and sustainability over time actions are set.
For real estate the affected area will be established, the zone of influence, the allowed level of intervention, driving conditions and outreach plan that will ensure community support for the conservation of these goods.
Chattels For good or set of goods shall indicate the characteristics of the space where they are located, the permitted level of intervention, driving conditions and outreach plan that will ensure community support for the conservation of these goods.
The Ministry of Culture shall regulate for the entire national territory the content and requirements of Special Plans Management and Protection and indicate, in such regulation, which goods of cultural interest of the Nation, previously declared to the issuance of the this law requires adoption of the Plan and the deadline for doing so.
1.1. When a cultural interest of the departmental, district, municipal level, indigenous territories and black communities that treats the Law 70 of 1993 is declared of cultural interest national level by the Ministry of Culture, the Plan special Management and Protection, if requiriere, must be approved by the Ministry, who may attend any suggestions made by the competent authorities to make declarations in the territory.
1.2. Transposition Public Records. The authority the declaration of a property of cultural interest shall inform the appropriate Office of Public Records purpose of this note incorporates the relevant real estate registration sheet. Similarly, the note on the existence of the Special Protection Management Plan and applicable to the property will be incorporated, if such a plan was required. Similarly
it is informed in the event that the revocation of the declaration in the terms of this law occur. Such registrations will have no cost.
1.3. Incorporation of Special Plans Management and Protection of the land management plans. Special Plans Management and Protection relating to immovable property shall be incorporated by the territorial authorities in their land use plans. The MEWP can limit aspects of the use and buildable of immovable property declared of cultural interest and its area of influence although the Land Use Plan has already been approved by the respective territorial authority.
1.4. Archaeological Management Plan. When the declaration of protected areas dealt with in Article 6 of this Title are made, shall be approved by the Colombian Institute of Anthropology and History a Special Protection Plan that Management Plan Archaeological be called, which will indicate the characteristics of the site and its area of influence, and incorporate protection guidelines, management, dissemination and sustainability.
In construction projects of transport networks hydrocarbons, mining, dams, road infrastructure, as well as other projects and works that require environmental license, registration or equivalent authorization before the environmental authority, as a prerequisite to the granting must be drawn up a program of preventive archeology and must be presented to the Colombian Institute of Anthropology and History Archaeological Management Plan without whose approval may not pre-empt the work.
1.5. Prevalence of the rules on conservation, preservation and use of areas and buildings considered cultural heritage of the nation. In accordance with the provisions in paragraphs 2 of Article 10 and 4o of Article 28 of Law 388 of 1997 or the rules that replace the provisions on conservation, preservation and use of areas and buildings of cultural interest are standards higher hierarchy when develop, adopt, modify or adjust the Land Management Plans of municipalities and districts.
2. Intervention. By intervention means any act that causes changes of cultural interest or affecting the status. Includes, without limitation, acts of conservation, restoration, recovery, removal, demolition, dismemberment, displacement or subdivision, and shall be in accordance with the Special Protection Management Plan and if this were required.
The intervention of a cultural interest of national Ia must have authorization from the Ministry of Culture or the General Archive of the Nation Ia, as appropriate. For the archaeological heritage, this authorization responsibility of the Colombian Institute of Anthropology and History in accordance with the Archaeological Management Plan.
Likewise, the intervention of a cultural interest of the territory must have authorization Ia Ia territorial entity that has made such a declaration.
The intervention may only be carried out under the direction of qualified professionals in the art. The authorization of intervention to be issued Ia competent authority can not be replaced, in the case of real property, by any other kind of appropriate authorization or license issued to other public authorities on planning matters.
Whoever intends to perform a work in buildings located in the area of influence or are adjacent to a property declared of cultural interest, it must first inform Ia Ia authority which made respective declaration. According to the nature of the works and the impact it may have on the property of cultural interest, the corresponding authority adopt its realization or, if necessary, may request that they fit the Special Management Plan and Protection that it had been approved for that property.
The granting of any license class environmental, territorial authority for the curatorial or by any other entity involving the embodiment of material actions on property declared of cultural interest, must ensure compliance with the Special Plan Management and Protection if he has been approved. Effective Notes
3. Export. the export of movable property of cultural interest is prohibited. However, the Ministry of Culture, regarding movable property of cultural interest the national level, the Colombian Institute of Anthropology and History in respect of archaeological assets and the General Archive of the Nation regarding the documentary and archival assets, authorize temporary export for a period not exceeding three (3) years, with the sole purpose of being exhibited to the public or scientifically studied.
Case of cultural assets of the territory, excluding archaeological, this authorization will be in charge of the mayoralties and governorships, as appropriate.
The authorization may be granted up to a period of three (3) years, renewable once, in the case of exchange programs between domestic and foreign government entities.
The Ministry of Culture and other public entities, make all efforts to repatriate cultural assets that have been taken illegally from Colombia.
3.1. temporary export of movable property of diplomats. The Ministry of Culture may authorize the temporary export of movable cultural property interest of the diplomats of Colombia accredited abroad, or movable property for public display at the headquarters of the diplomatic missions of the Republic of Colombia, for which should be bank or insurance company guarantee, as set out in the Customs Regulations.
3.2. Freight forwarding, customs brokerage companies, warehousing and courier companies. Freight forwarders, companies customs brokerage, warehousing and courier companies and other performing export procedures, by air, sea and land, are obliged to inform their users about the requirements and procedures for the export of archaeological objects and other cultural attractions.
The Ministry of Culture shall regulate for the entire national territory with regard to the procedure and requirements for the temporary export of such goods, subject to the regulations in customs matters.
To access any stimulus, tax benefit, export license or any other public authority that comes from on cultural assets shall be demonstrated by its owner or the rightful holder in the case of archaeological heritage, compliance the provisions of this article as appropriate, and the performance of the corresponding record. "
4. Alienation. Who intends to dispose of an asset of cultural interest furniture must offer it first to the authority which made the respective declaration, which may exercise a first option to purchase on terms no less favorable conditions than those in which individuals acquire and prior appraisal. This first option may be exercised by any state entity, as to the effect coordination make the authority that has made the declaration.
Domain transfer title to any assets of cultural interest of private property by the purchaser should contact the authority which declared as such and in a period not exceeding six (6) months of the respective held legal business.
About collections declared of cultural interest dismemberment or individual disposition of property that form without prior authorization of the authority that has made the declaration may not be made. Effective Notes
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ARTICLE 11-1. INTANGIBLE CULTURAL HERITAGE. Intangible cultural heritage is made, among others, demonstrations, practices, practices, representations, expressions, knowledge, skills and cultural spaces that communities and groups recognize as an integral part of their cultural heritage. This heritage generates feelings of identity and establishes links with the collective memory. It is transmitted and recreated over time in response to their environment, their interaction with nature and their history and contributes to promoting respect for cultural diversity and human creativity.
1. Representative List of Intangible Cultural Heritage. The manifestations of intangible cultural heritage may be included in the Representative List of Intangible Cultural Heritage.
Any previous declaration of cultural interest as the national level regarding the events to which this article refers shall be incorporated into the Representative List of Intangible Cultural Heritage from the enactment of this law.
2. Safeguard Plan. With the inclusion of a cultural event on the Representative List of Intangible Cultural Heritage a Special Safeguard Plan aimed at strengthening, revitalization, sustainability and promotion of the respective demonstration will be approved.
The Ministry of Culture shall regulate for the entire national territory the content and scope of the Special Safeguard Plans.
3. ID. As a key component for knowledge management and safeguarding intangible cultural heritage, the Ministry of Culture, in coordination with the Colombian Institute of Anthropology and History, define the tools for identifying demonstrations.
The identification of the demonstrations referred to in this article to be done with the active participation of communities.
4. Competences. Competition and management of the Representative List of Intangible Cultural Heritage by the Ministry of Culture in coordination with the Colombian Institute of Anthropology and History, and local authorities as provided for in Article 8 of this Title.
In any case, the inclusion of demonstrations on the Representative List of Intangible Cultural Heritage, should have, as appropriate, with the prior favorable concept of the National Council of Cultural Heritage, or the respective Departmental Councils or District of Cultural Heritage . Effective Notes
ARTICLE 12 Bibliographic Heritage, newspaper archives, documentary and motion pictures. The Ministry of Culture and the Ministry of the Interior, through the National Library and the General Archive of the Nation, respectively, are the entities responsible to collect, organize, enhance, preserve, protect, record and disseminate the bibliographic heritage, hemerográfico and documentary of the Nation, held in different information media. Also, departmental and regional libraries, and municipal, district and departmental archives may be depositories of its bibliographic, newspaper archives and documentary heritage.
PARAGRAFO. The Government, through the Ministry of Culture, will ensure recovery, conservation and preservation of Colombian heritage of moving images.
ARTICLE 13. RIGHTS OF ETHNIC GROUPS. The ethnic groups settled in territories of archaeological wealth retain the rights that shall be effectively exerted on the archaeological heritage that is part of their cultural identity, for which they have the advice and technical assistance of the Ministry of Culture.
In order to protect languages, traditions, customs and knowledge, the State shall guarantee the rights of collective authorship of ethnic groups, support ethnic education processes, and encourage the dissemination of their heritage through media communication.
ARTICLE 14. PROPERTY INVENTORY OF CULTURAL HERITAGE AND REGISTRATION cultural assets. In relation to goods of cultural heritage and cultural assets, the following duties and powers are set:
1. Inventory of cultural heritage assets. As a key component for knowledge, protection and management of cultural heritage, the Ministry of Culture define the tools and criteria for the establishment of an inventory of cultural heritage of the nation, in coordination with local authorities. This inventory, by itself, does not generate any liens on the property, or any burden to their owners, where available.
2. Registration cultural assets. The Nation, through the Ministry of Culture and its affiliated entities (Colombian Institute of Anthropology and History and General Archive of the Nation) and local authorities, establish and maintain updated a register of cultural assets as of its powers. Local authorities, the Colombian Institute of Anthropology and History and the General Archive of the Nation, sent annually to the Ministry of Culture, Directorate of Heritage, their records in order to be incorporated into the National Register of Assets of Cultural Interest. The Ministry of Culture shall regulate concerning registration. Effective Notes
ARTICLE 15 OF THE OFFENSES AGAINST THE CULTURAL HERITAGE OF THE NATION. Persons who violate the constitutional duty to protect the cultural heritage of the Nation shall incur the following offenses:
constitute the punishable conduct:
1. If the failure is made punishable by the destruction, damage, misuse, theft or receiving of material goods of cultural interest, or illegal exploitation, in accordance with the provisions in Articles 156, 239, 241-13, 265, 266 -4 and 447 of Law 599 of 2000 criminal Code, or modify or replace that obligation is to establish the corresponding criminal complaint and, if any flagrante delicto, immediately place the orders retained authority nearest judicial police, without prejudice to impose economic sanctions envisaged here.
Those are administrative and / or disciplinary offenses:
1. Export from the national customs territory cultural assets without authorization from the competent cultural authority, or withdraw them, conceal or hide intervention and customs control, or not reimported into the country within the term established in the temporary export authorization. In any of these events financial penalties between five (5) to five hundred (500) monthly statutory minimum wages will be imposed.
The good of cultural interest to try exported without proper authorization, or exported without this, or is the subject of the above actions shall be seized and placed at the disposal of the Ministry of Culture, the ICANH in the case of archaeological objects the General Archive of the Nation in the case of archival goods or the authority which declared as such, for the term duration of the punitive administrative action, after which it will be decided whether the property is seized definitively and is held by the Nation.
2. If the failure is either by action or omission, in the construction, extension, alteration, repair or demolition of all or part of a cultural interest, without the appropriate license, the penalties will be imposed in Article 66 of Law 9 of 1989 and articles 103 and 104 of Law 388 of 1997, or rules that substitute or modify, increased by one hundred percent (100%), by the competent authority designated in that law.
3. If lack consist in forward scans or unauthorized excavation of archaeological property fine of two hundred (200) it will be imposed on (500) monthly statutory minimum wages by the Colombian Institute of Anthropology and History.
4. If the failure involves the intervention of a cultural interest without proper authorization as provided in paragraph 2 of Article 11 of this title, a fine of two hundred (200) it will be imposed on (500) monthly statutory minimum wages by the authority which made the respective declaration. The same penalty will incur who perform works on properties located in the area of influence or adjacent to a building of cultural interest without obtaining proper authorization, in accordance with the provisions in paragraph 2 of Article 11 of this title.
Also be subject to this fine architect or restorer who later intervention without proper authorization, increased by one hundred percent (100%).
The administrative authority which made the declaration of a well as of cultural interest may order the immediate suspension of the intervention ahead without proper authorization, for which the police authorities are obliged to provide immediate competition purposes to make effective the measure so ordered. In this case, will be decided in the course of the action on the imposition of the sanction on the obligation involved returning the well to its previous state, and / or the eventual lifting of the suspension ordered if the forecasts are met this law.
The provisions of this paragraph shall apply without prejudice to the competence of local authorities to impose sanctions and take action in cases of actions taken unlicensed real estate of cultural interest under what is stated in paragraph 2 same.
5. If against a lack of cultural interest it be by a public servant, she will be taken for very serious offense, pursuant to Law 734 of 2002 Single Disciplinary Code, or which replace or modify.
6. The assets of the archaeological heritage are forfeitable definitively by the Colombian Institute of Anthropology and History and will be restored to the nation, to the performance of any act of alienation, prescription or outlawed but by Article 72 of the Constitution, or to the occurrence of any of the events referred to in Article 19 of Decree 833 of 2002, by the procedure laid down in Article 20 of that decree.
You will find application in the case of goods seized archaeological heritage, as provided in Decree 833 of 2002 and other provisions that complement or modify. PARAGRAPH 1.
. The Ministry of Culture, the Colombian Institute of Anthropology and History, the General Archive of the Nation and territorial entities within its competence, are vested with policivas functions for the imposition and execution of measures, fines, definitive forfeitures and other penalties provided this law that are applicable to the case.
. To decide on the imposition of administrative penalties and / or disciplinary and administrative measures provided for in this Article shall forward the administrative action in line with other relevant Part and the Administrative Code. PARAGRAPH 3.
. Administrative occurrence of faults that have assets of Underwater Cultural Heritage will be sanctioned by the Colombian Institute of Anthropology and History (ICANH), such sanctions, as appropriate, shall be imposed between ten thousand (10,000) to one million (1,000,000) current legal minimum daily salty.
The Colombian Institute of Anthropology and History (ICANH) refrain from punishing legal persons whose workers or workers incurred in the administrative offense, unless it is proved the existence of gross negligence or fraud in the actions of those related to the facts constituting the missing. Whoever sanctioned
it is disabled for a period of twenty (20) years or authorizations for future exploration contracts, intervention or economic exploitation of this Law. This impediment applies both sanctioned as those companies of which this is a partner, officer, employee or member of the team involved in the respective authorized or contracted activity.
This is without prejudice to the relevant criminal prosecution or sanctions of competence of the General Maritime Directorate (Dimar). Effective Notes
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ARTICLE 16 OF COMPLIANCE ON ACTION OF INTEREST CULTURAL GOODS. Effective enforcement of the laws or administrative acts that are directly related to the protection and defense of the assets that comprise the cultural heritage of the nation, may be sued by anyone through the established procedure for enforcement action in Law 393 1997 or the provisions which modify or replace. Effective Notes
THE PROMOTION AND INCENTIVES TO creation, research and artistic and cultural activity
ARTICLE 17. THE PROMOTION. The government through the Ministry of Culture and local authorities, promote the arts in all its expressions and other expressive symbolic manifestations, as elements of dialogue, exchange, participation and as free and essential expression of human thought that builds in peaceful coexistence.
Concordant ARTICLE 18.
stimuli. The State, through the Ministry of Culture and local authorities, establish special incentives and promote the creation, artistic and cultural activity, research and strengthening of cultural expressions. For this purpose establish, among other programs, job, scholarships, annual awards, competitions, festivals, workshops for artistic training, support people and dedicated to cultural activities, fairs, exhibitions, mobile units cultural outreach groups, and grant incentives and special credits for outstanding artists, as well as members of local communities in the field of creation, implementation, testing, training and research individually and collectively in each of the following cultural expressions level:
a) visual Arts;
B) Musical Arts;
C) Performing Arts;
D) traditional cultural expressions, such as folklore, handicrafts, popular fiction and cultural memory of the various regions and communities in the country;
E) Audiovisual Arts;
F) Literary Arts;
G) Museums (Museology and Museography);
N) and others arising from the sociocultural evolution, previous concept of the Ministry of Culture.
ARTICLE 19. CUSTOMS REGULATIONS FOR CULTURAL EXCHANGE. In order to promote cultural exchange, señálase as general criteria, which must be held by the National Government for fixing the customs procedure, the removal of tariffs of temporary entry of cultural property or the adoption of measures to facilitate their entry into the country and exemption from customs duties and nationalization cultural assets that are acquired for any or recovered by a public entity.
dissemination and promotion. Where appropriate, the Ministry of Culture organize and promote without discrimination of any kind the dissemination and promotion of national cultural expressions of Colombians, participation in international festivals and other cultural events.
Likewise, the Ministry of Culture in coordination with the Ministry of Foreign Trade and the Ministry of Foreign Affairs, will promote the dissemination, promotion and marketing of expressions of Colombians abroad, without distinction of any kind.
PREFERENTIAL ARTICLE 21. RIGHT TO PUBLIC TELEVISION AND RADIO. The Ministry of Culture, as Inravisión partner, will own right at least ten hours a week for the dissemination of artistic and cultural activities. Effective Notes
ARTICLE 22. CULTURAL INFRASTRUCTURE. The State, through the Ministry of Culture and local authorities, define and implement leading concrete measures to stimulate the creation, operation and improvement of public spaces, fit for cultural activities and generally foster the infrastructure of cultural expressions required.
Be taken into account in cultural infrastructure projects the removal of architectural barriers to the free movement of the physically disabled and easy access for children and seniors.
PARAGRAFO 1o. The Co-financing Fund for Social Investment, FIS, co-finance with municipalities programs and projects of cultural infrastructure oriented towards ethnic groups poorest and most vulnerable population, according to the Constitution, Law 115 of 1994 and Decree 2132 1992. Effective Notes
PARAGRAFO 2o. Establishments that provide education services by levels and degrees will have infrastructure for the development of artistic and cultural activities, in accordance with article 141 of Law 115 of 1994.
The Ministry of Culture will co-finance structures artistic character and cultural, determine the criteria for proper and rational utilization for promotion and community participation and provide technical advice.
PARAGRAFO 3o. Institutions of public and private higher education must have infrastructure for the development of artistic and cultural, own or guarantee activities through agreements, appropriate to the student population providing educational services, within no more than five (5) years, which they can use credit lines established by Article 130 of Law 30 of 1992.
PARAGRAFO 4o. In accordance with the provisions in Chapter III of the 9th Act of 1989, the Ministry of Culture may advance directly or through local authorities or public entity receiving or linked, the process of voluntary alienation or expropriation of property effects of subparagraphs c) and f) of Article 10 of the same law.
PARAGRAFO 5O. The urban renewal projects referred to in Article 39 of the 9th Act of 1989 and new development projects to be approved after the effective date of this law refers, should provide infrastructure for the development of artistic and cultural activities, obeying the needs and trends of the community in its area of influence by the municipal councils.
HOUSES OF CULTURE. Effective Notes
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ARTICLE 24. LIBRARIES. National, departmental, district and municipal governments consolidate and develop the National Network of Public Libraries, coordinated by the Ministry of Culture, through the National Library, in order to promote the creation, promotion and strengthening of public libraries and mixed and complementary services through them are provided. To do this, they include every year in its budget needed to build, strengthen and sustain the highest number of public libraries in their respective jurisdictions games.
The Ministry of Culture, through the National Library, is the agency responsible for planning and policy formulation of public libraries and reading at the national level and to direct the National Network of Public Libraries. Effective Notes
ARTICLE 25. RESOURCES OF LAW 60 OF 1993 FOR CULTURAL ACTIVITIES. The municipalities allocated to cultural activities, primarily cultural centers and public libraries, at least two percent (2%) of the resources regulated in Article 22 paragraph 4o., Of Law 60 of 1993.
ARTICLE 26 OF CONVENTIONS. The Ministry of Culture will guide and support the governorates, municipal and district mayors and indigenous authorities in carrying out agreements with cultural institutions, non-profit organizations that promote art and culture, in order to rescue, defend and promote the national talent, democratize access of people to goods, services and forms of culture and art with an emphasis on children and youth, seniors and physical, mental and sensory disabilities; as well as strengthen cultural institutions and contribute to deepen their relationship with the community interacting.
ARTICLE 27. THE CREATOR. Creator means any person or group of persons generating cultural goods and products from the imagination, sensitivity and creativity.
The creative expressions, as free expression of human thought, generate identity, sense of belonging and enrich the cultural diversity of the country.
ARTICLE 28. THE CULTURAL FUND MANAGER. Promotes cultural within communities and organizations processes and institutions, through participation, democratization and decentralization of promoting cultural activity.
Coordinates as a permanent activity management actions, planning, monitoring and evaluation of plans, programs and projects of institutions and cultural organizations or community cultural events.
ARTICLE 29. TRAINING AND CULTURAL ARTISTIC. The State, through the Ministry of Culture and local authorities, promote training and technical and cultural training, cultural manager and administrator, to ensure administrative and cultural coordination with specialized nature. Also, it establishes agreements with universities and cultural centers for the same purpose.
The Ministry of Culture will establish agreements with public and private universities for training and specialization of creators in all expressions referred to in Article 16 of this Law.
The Ministry of Culture, in coordination with the Ministry of National Education, promoted in state universities, under the terms of Law 30 of 1992, creating top-level academic programs in the field of the arts, including dance-ballet and other performing arts.
ARTICLE 30. SOCIAL SECURITY AND CREATOR OF CULTURAL MANAGER. Effective Notes
ARTICLE 31. PENSION
LIFETIME FOR MANAGERS CREATORS AND CULTURE. Effective Notes
professionalisation of artists. The Ministry of Culture, in coordination with the Ministry of National Education, define the criteria, requirements and procedures, and perform appropriate actions to recognize the character of qualified professional artists who at the date of the adoption of this law, have the professional card issued by the Ministry of National Education, based in Decree 2166 of 1985.
PARAGRAFO. The Minister of Culture or his delegate will participate in the Advisory Council for the Professionalization of the Artist, established by Decree 2166 of 1985. Effective Jurisprudence
ARTICLE 33. COPYRIGHT. Copyright and related moral and property of authors, actors, directors and playwrights, are considered inalienable by the implications that these have for the social security of the artist. Effective Jurisprudence
ARTICLE 34. PARTICIPATION IN ROYALTIES. Actors, directors, playwrights, screenwriters, scriptwriters have the inalienable right to share royalties for reproduction of the work in which they act in accordance with the regulations of this law. Effective Jurisprudence
ARTICLE 35. EXCHANGE, THE INTERNATIONAL PROJECTION AND BORDERS. The State, through the Ministry of Culture, financed without distinction of any kind the international exchange with other countries as a means of qualification of national artists and the general public.
The State, through the Ministry of Culture and the Ministry of Foreign Affairs, promote and finance the establishment of specific programs of cultural development at the international level, with special treatment in Colombian borders that allow affirmation, exchange and integration of cultures.
ARTICLE 36. CONTRACTS FOR DEVELOPMENT OF CULTURAL PROJECTS. For the proper fulfillment of the functions relating to the promotion and encouragement of creation, research and cultural and artistic referred to in Title III activity and assigned respect to the cultural heritage of the nation, the Ministry of Culture will celebrate the modalities of contracts or agreements under Decrees 393 and 591 of 1991, subject to the requirements of the aforementioned regulations.
ARTICLE 37. FINANCING OF CULTURAL ACTIVITIES THROUGH IFI. Through the Industrial Development Institute, IFI, and by conducting credit operations to companies and non-profit entities, or off through the financial system, they may be financed cultural and artistic activities.
To achieve this goal, and in accordance with Article 253 paragraph 3o., Of Decree Law 663 of 1993, the National Government will include annually in the bills of national budget resources needed to fund the differential between rates placement of development loans, to projects and enterprises of culture and the arts in all its manifestations, and rates of fundraising at the Institute of Industrial Development, IFI, which perform operations upon receipt of resources.
The Board of the Institute of Industrial Development, IFI, in coordination with the Ministry of Culture, regulate the conditions of the operations referred to in this article.
In any case, the Industrial Development Institute, IFI, establish preferential access to these loans, taking into account the capacity of applicants conomic. Effective Notes
ARTICLE 38. STAMP
Procultura. Authorize the departmental assemblies, district councils and municipal councils to order the issuance of a stamp "Procultura" whose resources will be managed by the respective local authority, which corresponds, promotion and encouragement of culture, with for projects in accordance with national and local plans culture. Effective Notes
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ARTICLE 38-1. The proceeds from the stamp to the previous article, will be used for:
1. Actions to encourage and promote the creation, artistic and cultural activity, research and strengthening of cultural expressions which Article 18 of Law 397 of 1997.
2. Stimulate the creation, operation and improvement of public spaces, fit for cultural activities, participate in the provision of the various centers and cultural houses and generally foster cultural expressions infrastructure required.
3. Promote training and technical and cultural training of the creative and cultural manager.
4. Ten percent (10%) social security for creative and cultural manager.
5. Support the various programs of cultural and artistic expression as well as promoting and preserving the arts in all its expressions and other expressive symbolic manifestations of which Article 17 of Law 397 of 1997 Notes Effective
ARTICLE 38-2. Authorize the departmental assemblies, district councils and municipal councils to determine the characteristics, the operative event, tariffs, tax bases and other matters relating to the compulsory use of the stamp "Procultura" in all operations undertaken in their respective territorial entity.
PARÁGRAFO. Ordinances and resolutions issued by the departmental assemblies, district councils and municipal councils in development of the provisions of this Law shall be referred to the knowledge of the National Government through the Ministry of Finance and Public Credit, General Support Fiscal. Effective Notes
ARTICLE 38-3. The rate with which different instruments subject to stamp taxed "Procultura" may not be less than zero point five percent (0.5%) nor exceed two percent (2%) of the value of the fact subject to tax. Effective Notes
ARTICLE 38-4. RESPONSIBILITY. The obligation to make the payment of Ia stamp referred to in this Law shall be the responsibility of departmental, district and municipal officials involved in acts or events subject to tax determined by Ia departmental ordinance or by municipal or district agreements issued in development of the present Law.
The breach of this obligation will be sanctioned by the corresponding disciplinary authority. For the collection of stamp Ia local authorities may determine the mechanism that allows them greater control and administrative ease, making it possible means of using virtual collections. Effective Notes
ARTICLE 38-5. Control over the collection and investment of that produced by the stamp "Procultura" will be exercised in the departments for departmental comptrollers in the districts by the district comptroller and municipalities by municipal comptrollers or entity who exercises the respective fiscal control. Effective Notes
ARTICLE 39. TAXES AND TAXES ON PUBLIC SHOWS SALES. At enshrined in Article 75 of the 2nd Act 1976 exemptions, he added the following:
a) Companies or groups of folk dance;
B) choral groups of contemporary music;
C) Soloists and instrumentalists of contemporary Colombian music and musical expressions;
D) craft fairs. Effective Jurisprudence
ARTICLE 40. IMPORTANCE OF CINEMA FOR THE COMPANY. The State, through the Ministry of Culture, Economic Development and Finance, will promote the conservation, preservation and dissemination, as well as the artistic and industrial development of Colombian cinema as a generator of imagination and own collective memory and as a means of expression of our national identity.
PARÁGRAFO. For purposes of disclosure of Colombian cinema, the Ministry of Culture, through the Directorate of Cinematography, you can deliver educational and outreach materials to public entities territorial order and entities, non-profit, having within their object the development of cultural activities, this determines, by way of free transfer. Effective Notes
ARTICLE 41 OF INDUSTRIAL AND ARTISTIC FILM ASPECT. To achieve harmonious development of our film industry, the Ministry of Culture, developing policies that trace, may grant:
1. special filmmaking at various stages stimuli.
2. Stimuli and incentives for Colombian film productions and co-productions.
3. Stimuli and incentives for display and dissemination of Colombian cinema.
4. Special incentives for conservation and preservation of the Colombian film and that universal memory of particular cultural value.
5. special incentives to physical and technical infrastructure for the production, distribution and exhibition of films.