397 OF 1997
Official Journal No. 43102 of 7 August 1997
By which items 70, 71 , and 72 and others are developed Articles concordant with the Political Constitution and rules on cultural heritage, foments and stimuli to culture, the Ministry of Culture is created and some dependencies are transferred.
THE CONGRESS OF COLOMBIA,
FUNDAMENTAL PRINCIPLES AND DEFINITIONS
ARTICLE 1o. OF THE 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 traits that characterize human groups and which includes, beyond the arts and letters, ways of life, human rights, value systems, traditions and beliefs.
2. Culture, in its various manifestations, is the foundation of the nationality and activity of Colombian society as a whole, as a process generated individually and collectively by Colombians. These manifestations constitute an integral part of Colombian identity and culture.
3. The State will promote and stimulate the processes, projects and cultural activities in a framework of recognition and respect for the diversity and cultural variety of the Colombian Nation.
4. In no case shall the State exercise censorship over the ideological and artistic form and content of cultural achievements and projects.
5. It is the obligation of the State and the people to value, protect and disseminate the Cultural Heritage of the Nation.
6. The State guarantees to the ethnic and linguistic groups, the black and the indigenous communities and the indigenous peoples the right to preserve, enrich and disseminate their identity and cultural heritage, to generate the knowledge of them according to their traditions and to benefit from an education that ensures these rights.
The Colombian State recognizes the specificity of the Caribbean culture and will give special protection to its various expressions.
7. The State will protect Spanish as the official language of Colombia and the languages of indigenous peoples and black and root communities in their territories. Likewise, it will promote the strengthening of the Amerindian and Creole languages spoken in the national territory and will be committed to the respect and recognition of these in the rest of society.
8. Economic and social development must be closely linked to cultural, scientific and technological development. The National Development Plan will take into account the National Plan of Culture that the Government will formulate. Public resources invested in cultural activities will have, for all legal purposes, the character of social public expenditure.
9. Respect for human rights, coexistence, solidarity, inter-culturality, pluralism and tolerance are fundamental cultural values and an essential basis for a culture of peace.
10. The State will guarantee free research and foster research talent within the parameters of quality, rigor and academic coherence.
11. The State will encourage the creation, expansion and adaptation of artistic and cultural infrastructure and guarantee the access of all Colombians to it.
12. The State will promote the interaction of national culture with the universal culture.
13. The State, in formulating its cultural policy, will take into account both the creator, the manager and the recipient of the culture and will guarantee the access of the Colombians to the manifestations, goods and cultural services on equal opportunities, granting special treatment to physically, sensorial and syquically limited persons, aged, children and youth and the social sectors most in need.
ARTICLE 2o. THE ROLE OF THE STATE IN RELATION TO CULTURE. The functions and services of the State in relation to culture shall be fulfilled in accordance with the provisions of the previous Article, taking into account that the primary objective of the policy State on the subject are the preservation of the Cultural Heritage of the Nation and the support and encouragement to the people, communities and institutions that develop or promote the artistic and cultural expressions in the local, regional and national.
NATION ' S CULTURAL HERITAGE
ARTICLE 4. INTEGRATION OF THE NATION ' S CULTURAL HERITAGE. 1 of Law 1185 of 2008. The new text is as follows: > The cultural heritage of the Nation is constituted by all material goods, immaterial manifestations, products and representations of culture that are expression of Colombian nationality, such as the Spanish language, languages and dialects of indigenous, black and creole communities, tradition, ancestral knowledge, cultural landscape, customs and habits, as well as material goods of a movable nature and property which is attributed to them, inter alia, special historical interest, artistic, scientific, aesthetic or symbolic in areas such as plastic, architectural, urban, archaeological, linguistic, sound, musical, audiovisual, film, testimonial, documentary, literary, bibliographic, museological or anthropological.
(a) Objectives of state policy in relation to the cultural heritage of the Nation. State policy regarding the cultural heritage of the Nation will have as main objectives the safeguard, protection, recovery, conservation, sustainability and dissemination of the same, with the purpose of serving as a testimony of the national cultural identity, both in the present and in the future.
In order to achieve the objectives of the previous paragraph, the plans for the development of the territorial entities and the plans of the communities, social and population groups incorporated therein, must be harmonized in the field of cultural with the Decennial Plan of Culture and with the National Development Plan and will allocate resources for the safeguarding, conservation, recovery, protection, sustainability and dissemination of cultural heritage;
b) Application of this law. This law defines a special regime of safeguard, protection, sustainability, disclosure and encouragement for the goods of the cultural heritage of the Nation that are declared as goods of cultural interest in the case of material goods and for the events included in the Representative List of Intangible Cultural Heritage, in accordance with the assessment criteria and the requirements that the Ministry of Culture rules for the entire national territory.
The declaratory of a material good as of cultural interest, or the inclusion of a manifestation in the Representative List of Intangible Cultural Heritage is the administrative act by which, prior to the planned procedure in this law, the national authority or the territorial, indigenous or community councils of the Afro-descendant communities, according to their competences, determine that a good or manifestation of the cultural patrimony of the Nation remains covered by the Special Protection or Safeguarding Regime provided for in this Regulation law.
The declaratory of cultural interest may be placed on a particular material or on a particular collection or case in which the declaratory shall contain the appropriate measures to preserve them as an indivisible unit.
They are considered to be of cultural interest in the national, departmental, district, municipal, or indigenous territories or the black communities in which Law 70 of 1993 is dealt with and, in Consequently, the materials declared as monuments, historical conservation areas, archaeological or architectural, historical sets, or other denominations which, prior to the enactment of this law, have been the subject of such a declaration by the competent authorities, or been incorporated into the territorial planning plans.
Likewise, the goods of the archaeological heritage are considered to be of national cultural interest;
c) Property of the Nation's Cultural Heritage. The assets of the cultural heritage of the Nation, as well as the goods of cultural interest may belong, as the case may be, to the Nation, to public entities of any order or to natural or legal persons in private law.
The goods that make up the archaeological heritage belong to the Nation and are governed by the special rules on the matter.
PARAGRAFO. The right of churches and religious confessions to be owners of the cultural heritage that they have created, acquired with their resources or that are under their rightful possession is recognized. Likewise, the nature and religious purpose of these goods are protected, which cannot be hindered or impeded by their cultural value.
Under the terms of Article 15 of Law 133 of 1994, the State through the Ministry of Culture, will celebrate with the corresponding churches and religious confessions, conventions for the protection of this heritage and for the effective implementation of the Special Protection Regime when they have been declared as cultural interest, including restrictions on their disposal and export and measures for their inventory, conservation, restoration, study and exposure.
ARTICLE 5o. NATIONAL SYSTEM OF CULTURAL HERITAGE OF THE NATION. 2 of Law 1185 of 2008. The new text is as follows: > The National System of Cultural Heritage of the Nation is constituted by the set of public authorities of the national and territorial level that exercise competences on the cultural patrimony of the Nation, Goods and manifestations of the cultural heritage of the Nation, for the goods of cultural interest and their owners, usufrutuarios to any title and forks, for the manifestations incorporated in the Representative List of Cultural Heritage Immaterial, by the set of instances and processes of institutional development, planning, information, and public and private responsibilities and obligations, which are articulated to each other, enabling the protection, safeguarding, recovery, conservation, sustainability and dissemination of the cultural heritage of the Nation.
They 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 Caro and Cuervo Institute, the National Council of Cultural Heritage, the Departmental and District Councils of Cultural Heritage and, in general, the State entities that at national and territorial level develop, finance, encourage or execute 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 general policies and dictate technical and administrative norms, to which the entities and persons that make up the same system.
ARTICLE 6o. ARCHAEOLOGICAL HERITAGE. 3 of Law 1185 of 2008. The new text is as follows: > The archaeological heritage includes those traces of human activity and those organic and inorganic remains which, by means of the methods and techniques of archaeology and other related sciences, allow to reconstruct and publicise the origins and the past socio-cultural trajectories and guarantee their conservation and restoration. For the preservation of the property belonging to the paleontological patrimony the same instruments established for the archaeological heritage will apply.
The Colombian Institute of Anthropology and History, ICANH, may authorize natural or legal persons to exercise the possession of the assets of the archaeological heritage, provided that they comply with the obligations of registration, management and security of such assets as determined by the Institute.
Private holders of archaeological assets must register them. The lack of registration within a maximum of 5 years after the validity of this law constitutes a cause of confiscation in accordance with Decree 833 of 2002, without prejudice to the other causes established there.
The ICANH is the competent institution in the national territory regarding the management of the archaeological heritage. This may declare protected areas in which there are goods described in paragraph 1 of this article and approve the respective Archaeological Management Plan, which does not affect the ownership of the soil.
PARAGRAFO 1o. Who in a fortuitous manner finds assets belonging to the archaeological heritage, must give immediate notice to the Colombian Institute of Anthropology and History or the nearest civil or police authority, the which have the obligation to report the event to the entity within 24 hours of the meeting.
The meetings of property belonging to the archaeological heritage that are carried out in the course of excavations or authorized archaeological explorations, will be reported to the Colombian Institute of Anthropology and History, in the form foreseen in the corresponding authority.
Received the information, the Colombian Institute of Anthropology and History, will define the applicable measures for an adequate protection of the property belonging to the archaeological patrimony and coordinate the relevant with the local authorities. If it is necessary to suspend immediately the activities that gave rise to the meeting of those goods, the public force may be present, which shall give its immediate contest.
PARAGRAFO 2o. The archaeological heritage is governed exclusively by the provisions of this article, by Decree 833 of 2002, and by the provisions of this law that expressly include it.
ARTICLE 7o. NATIONAL COUNCIL OF CULTURAL HERITAGE. 4 of Law 1185 of 2008. The new text is as follows: > From the time of the present law, the Council of National Monuments will be called the National Council of Cultural Heritage, and will be the body responsible for advising the National Government on the safeguarding, protecting and managing the nation's cultural heritage.
a) Integration of the National Council of Cultural Heritage. The National Cultural Heritage Council will be integrated as follows:
1. The Minister of Culture or his delegate, who will chair it.
2. The Minister for Trade, 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 responsible for the study of cultural heritage.
9. Three (3) distinguished experts in the field of safeguarding or preserving the 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 Caro and Cuervo Institute or his delegate.
12. The Director of Heritage of the Ministry of Culture, who will participate in the sessions with voice but without vote and will exercise the Technical Secretariat of the National Council of Cultural Heritage.
13. 76 of Decree 763 of 2009. The new text is as follows: > The Director of the General File of the Nation or its delegate.
The National Government will establish the functions of the National Council of Cultural Heritage and regulate what is relevant to the session, period, quorum and fees of the members of the National Cultural Heritage Councils, as well as related to the Technical secretariats of the same and their functions. Similarly, it will be able, by decree, to expand the representation of other state entities or private sectors, for the purpose of having experts in the integral management of the cultural heritage of material and immaterial character;
b) Department of Cultural Heritage Councils. Create the Department of Cultural Heritage Councils in each of the departments, which will comply with the cultural heritage of the territorial area and the cultural assets of the departmental, municipal, and the indigenous territories and the black communities concerned by Law 70 of 1993, functions analogous to the National Council of Cultural Heritage;
c) District Councils of Cultural Heritage. Create the District Councils of Cultural Heritage in each of the Districts, which will respect the cultural heritage and cultural assets of the district, functions analogous to the National Council of Heritage Cultural.
PARAGRAFO 1o. The composition of the Departmental and District Councils of Cultural Heritage will be defined by the departmental and district authorities, as the case may be. For the purpose, the characteristics of the cultural heritage in the respective Department or District will be considered and participation will be given to experts in the field of the movable and immovable heritage, in that of the intangible cultural heritage, and to the public entities and academic institutions specializing in these fields. In any event, where in a given territorial jurisdiction there are settled indigenous or black communities, at least one representative of the indigenous or black communities shall be involved.
PARAGRAFO 2o. To the Councils sessions in this article you can be invited with a voice but without a vote, the public officials and the other people that you consider convenient.
TRANSIENT TRANSIENT. The Departments and/or Districts will have six months to comply with the provisions of this article, which are counted from the enactment of the law.
ARTICLE 8o. PROCEDURE FOR THE DECLARATION OF GOODS OF CULTURAL INTEREST. 5 of Law 1185 of 2008. The new text is as follows: >
a) The Ministry of Culture, prior to the favorable concept of the National Council of Cultural Heritage, is responsible for the declaration and the handling of the cultural assets of the national sphere.
They are goods of cultural interest of the national scope declared as such by the law, the Ministry of Culture or the General Archive of the Nation, in terms of their competence, in reason of the special interest that the good magazine for the community in all the national territory;
b] The territorial entities, based on the principles of decentralization, autonomy and participation, are responsible for the declaration and the handling of the goods of cultural interest in the departmental, county, and municipal areas. Indigenous territories and the black communities in which it deals with Law 70 of 1993, through the governorships, municipal governments or respective authorities, prior to the favorable concept of the corresponding Departmental Council of Cultural heritage, or the District Council of Cultural Heritage in the case of districts.
Are goods of cultural interest in the area of the respective territorial jurisdiction declared as such by the departmental, district, municipal, indigenous territories and those of the black communities in question The Law 70 of 1993, in the field of its competences, in reason of the special interest that the good magazine for the community in a determined territorial division.
Goods of cultural interest in the departmental, district, municipal, indigenous territories, and black communities that are dealt with by Law 70 in 1993 can be declared as property of interest. cultural of the national scope by the Ministry of Culture in the form provided in the literal a) of this article, in coordination with the respective Departmental Council or District of Cultural Heritage, on the values of the good in question.
the principle of coordination between the national, departmental, county and municipal levels, the indigenous territories, and those of the black communities in which it deals will be applied for the declaration and the handling of the goods of cultural interest. Law 70 of 1993.
The declaratory of the goods of cultural interest will serve the following procedure, both in the national and territorial order:
1. The good in question shall be included in an Indicative List of Candidates for Goods of Cultural Interest by the competent authority to carry out the declaratory.
2. Based on the list of the previous number, the competent authority for the declaratory shall define whether the good requires a Special Management and Protection Plan.
3. Once the procedure described in the previous two numerals, the National Council of Cultural Heritage in respect of the goods of the national scope, or the respective Departmental or District Council of Cultural Heritage, as the case, has been fulfilled, will issue its concept on the declaratory and the Special Management and Protection Plan if it requires it.
4. If the concept of the respective Council of Cultural Heritage is favourable, the authority shall carry out the declaration and shall approve the Special Management and Protection Plan if it is required.
PARAGRAFO 1o. In case the declaratory of this article is dealt with private or private initiative it will follow the same procedure, in which case the particular applicant will present the respective Plan Special Management and Protection if this is required, and this will be reviewed by the respective Cultural Heritage Council.
PARAGRAFO 2o. Revocation. The revocation of the act of declaratory of goods of cultural interest shall be the responsibility of the authority which issued it, prior to the favourable concept of the respective Council of Cultural Heritage, in the case where the goods have lost their values. which gave rise to the declaratory. In the case of the revocation of the declaration of national monuments or property of cultural interest carried out by the Ministry of Education, the recall shall be the responsibility of the Ministry of Culture.
ARTICLE 9o. OF THE SUBMERGED CULTURAL HERITAGE. 23 of Law 1675 of 2013 >
ARTICLE 10. INEMBARGABILITY, IMPRESSIONABILITY AND INVIOLABILITY. 6 of Law 1185 of 2008. The new text is as follows: > Goods of cultural interest owned by public entities, are inembargable, imprinted and inalienable.
PARAGRAFO 1o. The Ministry of Culture will authorize, in exceptional cases, the disposal or loan of cultural interest of the national scope between public entities. The municipal governments, governorships, and authorities of the indigenous territories and the black communities that are dealing with Law 70 of 1993, will be responsible for implementing the provisions of this paragraph in respect of the goods of cultural interest declared by them.
The authorities mentioned in this paragraph may authorize public entities owning cultural interest to give them in comodato to private non-profit entities of recognized suitability, up to the end of five (5) years extendable subject to the provisions of article 355 of the Political Constitution, to conclude interadministrative and association agreements in the form provided for in articles 95 and 96 of Law 489 of 1998 or in the rules that modify or replace them, and in general, to conclude any type of contract, including the concession contract, that involves the delivery of such goods to individuals, always that any of the modalities used is directed to provide and guarantee the necessary for the protection, recovery, conservation, sustainability and disclosure of the same, without affecting their inalienable, imprecibility and inembargability.
ARTICLE 11. SPECIAL REGIME FOR THE PROTECTION OF CULTURAL PROPERTY. 7 of Law 1185 of 2008. The new text is as follows: > Material goods of public and private cultural interest will be subject to the following Special Protection Regime:
1. Special Management and Protection Plan. The declaratory of a good as of cultural interest will incorporate the Special Plan of Management and Protection -PEMP-, when required in accordance with what is defined in this law. PEMP is the instrument of cultural heritage management through which the necessary actions are established to ensure its protection and sustainability over time.
For real estate, the affected area, the area of influence, the permitted level of intervention, the management conditions and the disclosure plan will be established that will ensure community support for the conservation of these goods.
For movable property, the property or set of assets, the characteristics of the space where they are located, the permitted level of intervention, the conditions of management and the disclosure plan that will ensure the community support to the conservation of these goods.
The Ministry of Culture will regulate the content and requirements of the Special Plans for the Management and Protection for the entire national territory and will point out, in such regulations, that goods of cultural interest of the Nation, of the declared prior to the issuance of this law, they require the adoption of the said Plan and the deadline to do so.
1.1. When a cultural interest of the departmental, district, municipal, indigenous territories and those of the black communities that deals with the Law 70 of 1993 is declared well of cultural interest The Ministry of Culture, the Special Plan of Management and Protection, if required, must be approved by the Ministry of Culture, who will be able to attend to possible suggestions made by the competent authorities to carry out declaratory in the territorial scope.
1.2. Incorporation into the Register of Public Instruments. The authority carrying out the declaratory of a property of cultural interest shall inform the relevant Office of the Register of Public Instruments for the purpose of incorporating the entry into the real estate registry corresponding. Also, the annotation on the existence of the Special Management and Protection Plan applicable to the building shall be incorporated if such plan is required.
Similarly, it will be reported in the event that the revocation of the declaratory is produced in the terms of this law. This type of registration will have no cost.
1.3. Incorporation of the Special Plans of Management and Protection to the plans of territorial planning. The Special Plans for the Management and Protection of Real Estate shall be incorporated by the territorial authorities in their respective territorial planning plans. The PEMP may limit the aspects relating to the use and buildability of the property declared of cultural interest and its area of influence even if the Territorial Order Plan has already been approved by the respective territorial authority.
1.4. Archaeological Management Plan. When the declarations of protected areas referred to in Article 6or of this Title are carried out, a Special Protection Plan to be called shall be approved by the Colombian Institute of Anthropology and History. Archaeological Management Plan, which will indicate the characteristics of the site and its area of influence, and incorporate the guidelines for protection, management, dissemination and sustainability of the site.
In the projects of construction of transport networks of hydrocarbons, mining, reservoirs, road infrastructure, as well as other projects and works that require environmental licensing, registers or equivalent authorizations to the authority As a prerequisite for their granting, a program of preventive archaeology must be developed and a Plan of Archaeological Management must be presented to the Colombian Institute of Anthropology and History without the approval of which the work.
1.5. Prevalence of the rules on the conservation, preservation and use of the areas and buildings considered as cultural heritage of the Nation. In accordance with the provisions of Article 10 (10 (2) and Article (2 of Law 388 of 1997 or the rules replacing them, the provisions on conservation, the preservation and use of areas and buildings of cultural interest are standards of higher hierarchy when preparing, adopting, modifying or adjusting the Territorial Order Plans of municipalities and districts.
2. Intervention. 212 of Decree 19 of 2012. The new text is as follows: > By intervention it is understood any act that causes changes to the good of cultural interest or that affects the state of the same. Includes, for example, acts of conservation, restoration, recovery, removal, demolition, dismemberment, displacement or subdivision, and shall be carried out in accordance with the Special Plan of Management and Protection if this is required.
The intervention of a good of cultural interest at the national level must have the authorization of the Ministry of Culture or the General Archive of the Nation, as the case may be. For the archaeological heritage, this authorization is the responsibility of the Colombian government of Anthropology and History in accordance with the Archaeological Management Plan.
Likewise, the intervention of a good of cultural interest of the territorial scope must have the authorization of the territorial entity that has carried out the declaration.
The intervention can only be carried out under the direction of professionals who are suitable in this field. The authorization to intervene to be issued by the competent authority may not, in the case of immovable property, be replaced by any other type of authorization or licence which may be issued to other public authorities in the field of property urbanistics.
Who intends to carry out a work in buildings located in the area of influence or that are adjacent to a property declared of cultural interest, must inform the authority that has made the respective declaratory. In accordance with the nature of the works and the impact it may have on the property of cultural interest, the corresponding authority shall approve its performance or, if this is the case, may request that the same be in accordance with the Special Management Plan and Protection that would have been approved for that building.
The granting of any kind of license by environmental, territorial, or any other entity that involves the carrying out of material actions on buildings declared as of cultural interest, must ensure compliance with the Special Management and Protection Plan if it has been approved.
3. Export. The export of movable property of cultural interest shall be prohibited. However, the Ministry of Culture, in relation to the movable property of cultural interest of the national scope, the Colombian Institute of Anthropology and History regarding the archaeological assets and the General Archive of the Nation with respect to the documentary and archival goods, may authorise their temporary export, for a period not exceeding three (3) years, for the sole purpose of being displayed to the public or scientifically studied.
Dealing with goods of cultural interest from the territorial scope, with the exclusion of archaeological assets, this authorization will be in charge of the municipal governments and the governorates, as appropriate.
The authorization may be granted up to the term of three (3) years extendable for once, in the case of exchange programs between national and foreign state entities.
The Ministry of Culture and other public entities will make every effort to repatriate cultural assets that have been illegally extracted from Colombian territory.
3.1. Temporary export of movable property of diplomats. The Ministry of Culture may authorize the temporary export of movable property of cultural interest owned by Colombian diplomats accredited abroad, or of movable property destined for public exhibition in the headquarters of the diplomatic representations of the Republic of Colombia, for which they shall constitute a bank guarantee or insurance company, as laid down in the Customs Statute.
3.2. Freight forwarders, customs brokerage companies, storage companies and mail companies. Freight forwarders, customs brokerage companies, storage companies and mail companies, as well as any other export formalities, by air, sea and land, are under the obligation to inform their users about the requirements and procedures for the export of archaeological goods and other cultural interests.
The Ministry of Culture shall regulate for the entire national territory the procedure and requirements necessary for the temporary export of this type of goods, without prejudice to customs regulations.
In order to have access to any stimulus, tax benefit, export authorization or any other that comes from public authority on goods of cultural interest, it must be accredited by its owner or by its legitimate holder in the case the archaeological heritage, compliance with the provisions of this article as appropriate, as well as the performance of the corresponding register ".
4. Disposal. The person who intends to dispose of a piece of furniture of cultural interest must first offer it to the authority which has carried out the respective declaratory, which may exercise a first option of acquisition, in conditions not less favourable to those in which the private individuals would be acquired and prior. This first option may be exercised by any State entity, according to the coordination of the authority that the declaratory has carried out for the purpose.
The transfer of domain to any title of private property of cultural interest shall be communicated by the acquirer to the authority which has declared it as such and within a period not longer than the following six (6) months of the respective legal business.
For collections declared of cultural interest, their dismemberment or the individual disposition of the goods that make up them may not be carried out without prior authorization from the authority that has made the declaration.
ARTICLE 11-1. INTANGIBLE CULTURAL HERITAGE. 8 of Law 1185 of 2008. The new text is as follows: > Intangible cultural heritage is constituted, among others, by the manifestations, practices, uses, representations, expressions, knowledge, techniques and cultural spaces, that communities and groups recognised as an integral part of their cultural heritage. This heritage generates feelings of identity and establishes links with collective memory. It is transmitted and recreated over time according to its environment, its interaction with nature and its 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 declaratory as well of cultural interest of the national scope in respect of the manifestations referred to in this article will 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 manifestation in the Representative List of Intangible Cultural Heritage, a Special Plan of Safeguarding aimed at strengthening, revitalizing, sustainability and promoting the respective cultural heritage will be approved. manifestation.
The Ministry of Culture will regulate the content and scope of the Special Safeguarding Plans for the entire national territory.
3. Identification. As a fundamental component for the knowledge, safeguarding and management of intangible cultural heritage, it is up to the Ministry of Culture, in coordination with the Colombian Institute of Anthropology and History, to define the tools for identification of the manifestations.
The identification of the manifestations referred to in this article will be done with the active participation of the communities.
4. Competence. The competence and management of the Representative List of Intangible Cultural Heritage corresponds to the Ministry of Culture in coordination with the Colombian Institute of Anthropology and History, and to the territorial entities as foreseen in the 8or this Title.
In any case, the inclusion of manifestations in the Representative List of Intangible Cultural Heritage must, as the case may be, be counted with the favorable prior concept of the National Council of Cultural Heritage, or of the respective Councils. Departmental or District of Cultural Heritage.
ARTICLE 12. FROM THE BIBLIOGRAPHIC, HEMEROGRAPHIC, DOCUMENTARY AND MOVING IMAGES HERITAGE. 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 for gathering, organizing, increasing, preserving, protecting, registering and disseminating the bibliographic, hemerographic and documentary heritage of the Nation, held in the different information media. Likewise, departmental and regional libraries, and municipal, district and departmental archives, may be the depositaries of their bibliographic, hemerographic and documentary heritage.
PARAGRAFO. The National Government, through the Ministry of Culture, will ensure the recovery, conservation and preservation of the Colombian heritage of moving images.
ARTICLE 13. RIGHTS OF ETHNIC GROUPS. Ethnic groups based in territories of archaeological wealth will retain the rights that they are effectively exercising on the archaeological heritage that is part of their cultural identity, for which have the technical assistance and advice of the Ministry of Culture.
In order to protect languages, traditions, uses and customs and knowledge, the State will guarantee the rights of collective authorship of ethnic groups, support the processes of ethnoeducation, and encourage the dissemination of its heritage through the means of communication.
ARTICLE 14. INVENTORY OF ASSETS OF CULTURAL HERITAGE AND RECORD OF CULTURAL ASSETS. 9 of Law 1185 of 2008. The new text is as follows: > In relation to the goods of cultural heritage and goods of cultural interest, the following obligations and competences are established:
1. Inventory of cultural heritage assets. As a fundamental component for the knowledge, protection and management of cultural heritage, it is up to the Ministry of Culture to define the tools and criteria for the formation of an inventory of the cultural heritage of the Nation, in coordination with local authorities. This inventory, by itself, does not generate any taxes on the good, or any burden on its owners, when there are any.
2. Register of goods of cultural interest. The Nation, through the Ministry of Culture and its assigned entities (Colombian Institute of Anthropology and History and General Archive of the Nation), as well as the territorial entities, will develop and keep an updated register of the goods of cultural interest in terms of their competences. The territorial entities, the Colombian Institute of Anthropology and History and the General Archive of the Nation, will forward annually to the Ministry of Culture, Directorate of Heritage, their respective registers in order to be incorporated into the National Register of Goods of Cultural Interest. The Ministry of Culture shall regulate the registration.
ARTICLE 15. OF THE FAULTS AGAINST THE CULTURAL HERITAGE OF THE NATION. 10 of Law 1185 of 2008. The new text is as follows: > People who violate the constitutional duty to protect the nation's cultural heritage will incur the following faults:
Those that constitute punishable conduct:
1. If the fault is made punishable by destruction, damage, illicit use, theft or reception of material goods of cultural interest, or by its illegal exploitation, in accordance with the provisions of Articles 156, 239, 241-13, 265, 266-4, and 447 of the 2000 Criminal Code Act 599, or modify or replace it is obligation to establish the respective criminal complaint and, if there is a flagrant, to place immediately the retained to orders of the nearest judicial police authority, without prejudice to impose the economic sanctions here intended.
Those that constitute administrative and/or disciplinary faults:
1. Export from the national customs territory goods of cultural interest without the authorization of the competent cultural authority, or remove them, remove them or hide them from customs intervention and control, or do not re-import them into the country within the term set in the temporary export authorization. In any of these events, pecuniary penalties will be imposed between five (5) to five hundred (500) minimum monthly legal wages in force.
The good of cultural interest that tries to export without the respective authorization, or exported without it, or that it is the object of the previous actions, will be seized and placed to orders of the Ministry of Culture, the ICANH in the case of the goods Archaeological, the General Archive of the Nation in the case of the archivist assets or the authority that has declared it as such, for the duration of the administrative sanctioning performance, at the end of which it will be decided if the good is seized in the final form and is left in the nation's power.
2. If the fault consists, either by action or by omission, in the construction, extension, modification, repair or demolition, total or partial, of a good of cultural interest, without the respective license, the penalties provided for in the article shall be imposed 66 of the 9th Act of 1989 and in Articles 103 and 104 of Law 388 of 1997, or in the rules that replace or modify them, increased by one hundred percent (100%), by the competent entity designated in that law.
3. If the lack consisted of advancing unauthorized explorations or excavations of archaeological goods, a fine of 200 (200) to five hundred (500) minimum monthly legal salaries in force by the Colombian Institute of Anthropology and History.
4. If the fault consists in the intervention of a good of cultural interest without the respective authorization in the form provided in the numeral 2 of article 11 of this title, a fine of two hundred (200) will be imposed Five hundred (500) monthly minimum legal salaries in force by the authority that would have made the respective declaratory. In the same sanction, it incurs who carries out works in buildings located in the area of influence or adjoining a building of cultural interest without obtaining the corresponding authorization, in accordance with the provisions of the numeral 2 of the 11 article of this title.
It will also be subject to this fine the architect or restaurateur who will proceed without the respective authorization, increased by one hundred percent (100%).
The administrative authority which would have carried out the declaration of a good as a cultural interest may order the immediate suspension of the intervention which is carried out without the respective authorization, for which the police authorities they are obliged to give their immediate tender for the purpose of making the measure so effective. In this case, it will be decided in the course of the action on the imposition of the sanction, on the obligation of the involved to return the good to its previous state, and/or on the eventual lifting of the ordered suspension if the forecasts are fulfilled of this law.
This number will apply without prejudice to the jurisdiction of the territorial authorities to impose sanctions and to take action in cases of actions which are carried out without a licence on immovable property of cultural interest by virtue of the number 2 of the same.
5. If the lack of cultural interest is carried out by a public servant, it shall be deemed to be very serious, in accordance with Law 734 of 2002 Single Disciplinary Code, or those that replace it or modify.
6. The assets of the archaeological patrimony are definitively seized by the Colombian Institute of Anthropology and History and will be restored to the Nation, in the face of any act of alienation, prescription or embargo prohibited by the Article 72 of the Political Constitution, or in the event of any of the events provided for in Article 19 of Decree 833 of 2002, by means of the procedure provided for in Article 20 of the same decree.
In the case of seized archaeological assets, it will be applied to the provisions of Decree 833 of 2002 and other provisions that supplement or modify it.
PARAGRAFO 1o. The Ministry of Culture, the Colombian Institute of Anthropology and History, the General Archive of the Nation and the territorial entities in their competence, have been invested with police functions to the imposition and enforcement of measures, fines, final seizures and other established penalties are the law, which are applicable as the case may be.
PARAGRAFO 2o. To decide on the imposition of administrative and/or disciplinary sanctions and the administrative measures provided for in this article, the administrative action in accordance with the Part First and other relevant of the Administrative Contentious Code.
PARAGRAFO 3o. 21 of Law 1675 of 2013. The new text is as follows: > Administrative faults that have an occurrence on the goods of the Submerged Cultural Heritage will be sanctioned by the Colombian Institute of Anthropology and History (Icanh). impose between ten thousand (10,000) up to one million (1,000,000) of daily legal minimum wage.
The Colombian Institute of Anthropology and History (Icanh) will refrain from sanctioning legal persons whose workers or operatives have incurred administrative misconduct, unless the existence of serious guilt or intent is demonstrated in the the actions of those related to the facts that constitute the fault.
Who is sanctioned will be disabled for a term of twenty (20) years for future authorizations or contracts for exploration, intervention or economic exploitation of this law. This impediment shall apply both to the sanctioned and to those companies of which it is a partner, manager, employee or member of the human team participating in the respective authorized or contracted activity.
The above, without prejudice to the relevant criminal actions or the competition sanctions of the Maritime Directorate-General (Dimar).
ARTICLE 16. OF THE ACTION OF COMPLIANCE ON GOODS OF CULTURAL INTEREST. 11 of Law 1185 of 2008. The new text is as follows: > Effective compliance with laws or administrative acts that are directly related to the protection and defense of the goods that make up the nation's cultural heritage, may be demanded by any person. person through the procedure established for the compliance action in Law 393 of 1997 or in the provisions that modify or replace it.
OF ENCOURAGEMENT AND ENCOURAGEMENT FOR CREATION, RESEARCH AND ARTISTIC AND CULTURAL ACTIVITY
ARTICLE 17. State, through the Ministry of Culture and territorial entities, will promote the arts in all its expressions and other expressive symbolic manifestations, as elements of dialogue, exchange, participation and as a free and primordial expression of the thought of the human being that builds in peaceful coexistence.
ARTICLE 18. The State, through the Ministry of Culture and territorial entities, will establish special stimuli and promote the creation, artistic and cultural activity, research and strengthening of the expressions cultural. For this purpose it will establish, among other programs, work bags, scholarships, annual awards, competitions, festivals, workshops of artistic training, support to people and groups dedicated to cultural activities, fairs, exhibitions, mobile units of cultural dissemination, and will provide incentives and special credits for outstanding artists, as well as for members of local communities in the field of creation, execution, experimentation, training and research at the level individual and collective in each of the following cultural expressions:
a) Plastic arts;
b) Music Arts;
c) Performing arts;
d) Traditional cultural expressions such as folklore, crafts, popular narrative and cultural memory of the various regions and communities of the country;
e) Audiovisual Arts;
f) Literary arts;
g) Museums (Museology and Museography);
n) And others arising from socio-cultural evolution, prior to the Ministry of Culture.
ARTICLE 19. CUSTOMS PROCEDURE FOR CULTURAL EXCHANGE. In order to promote cultural exchange, it should be noted as general criteria, to which the national government must be subject to the establishment of the customs procedure, the abolition of customs duties. temporary admission of cultural goods or the adoption of measures to facilitate their entry into the country and the exemption of customs duties and the nationalization of goods of cultural interest acquired for any title or recovered by an entity public.
ARTICLE 20. DISSEMINATION AND PROMOTION. According to the case, the Ministry of Culture will organize and promote, without distinction, the dissemination and national promotion of the 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 commercialization of the expressions of Colombians abroad, without There are no such distinctions.
ARTICLE 21. PREFERENTIAL RIGHT TO PUBLIC RADIO AND TELEVISION. The Ministry of Culture, as the partner of Inravisión, will have its own right at least ten hours a week for the dissemination of artistic and cultural activities.
ARTICLE 22. CULTURAL INFRASTRUCTURE. The State, through the Ministry of Culture and territorial entities, will define and implement concrete measures conducive to stimulating the creation, operation and improvement of public spaces, suitable for cultural activities and, in general, the infrastructure that cultural expressions require.
Cultural infrastructure projects will take into account the removal of architectural barriers that prevent the free movement of the physical disabled and the easy access of children and the elderly.
PARAGRAFO 1o. The Social Investment Co-financing Fund, FIS, will co-finance with municipalities programmes and cultural infrastructure projects geared towards the poorest ethnic groups of the population and In accordance with the Political Constitution, Law 115 of 1994 and Decree 2132 of 1992.
PARAGRAFO 2o. The establishments that offer education services by levels and degrees will have infrastructure for the development of artistic and cultural activities, in compliance with the article 141 of Law 115 of 1994.
The Ministry of Culture will be able to co-finance the structures of artistic and cultural character, determine the criteria for their proper and rational use for the purposes of promotion and community participation and provide technical advice.
PARAGRAFO 3o. Public and private higher education institutions must have infrastructure for the development of artistic and cultural activities, whether or not they are guaranteed by means of conventions, appropriate to the student population to which they provide the educational service, within a period not greater than five (5) years, for which they may use the lines of credit established by Article 130 of Law 30 of 1992.
PARAGRAFO 4o. Pursuant to Chapter III of Law 9a of 1989, the Ministry of Culture may advance directly or through the territorial entities or the beneficiary public entity or Article 10 of the same law, the process of voluntary disposal or expropriation of buildings for the purposes of subparagraphs (c) and (f) of Article 10 of the same law.
PARAGRAFO 5o. The urban renewal projects referred to in Article 39 of Law 9a of 1989 and the new urbanization projects that are approved from the time of the present law, shall include: infrastructure for the development of artistic and cultural activities, which obeys the needs and trends of the community in its area of influence according to the municipal councils.
ARTICLE 24. LIBRARIES. The national, departmental, county and municipal governments will consolidate and develop the National Public Library Network, coordinated by the Ministry of Culture, through the National Library, in order to promote the the creation, promotion and strengthening of public and mixed libraries and the complementary services provided by them. To this end, they will include all the years in their budget the necessary items to create, strengthen and sustain the largest number of public libraries in their respective jurisdictions.
The Ministry of Culture, through the National Library, is the organization responsible for planning and formulating the policy of public libraries and reading at national level and directing the National Public Library Network.
ARTICLE 25. RESOURCES OF LAW 60 OF 1993 FOR CULTURAL ACTIVITIES. The municipalities will assign to cultural activities, primarily houses of culture and public libraries, at least two percent (2%), of the resources regulated in the article 22 numeral 4, of Law 60 of 1993.
ARTICLE 26. OF THE Conventions. The Ministry of Culture will guide and support the governorships, municipal and district mayors and indigenous lobbyists in the implementation of agreements with non-profit cultural institutions that promote art. and culture, in order to rescue, defend and promote national talent, democratize people's access to goods, services and manifestations of culture and art with an emphasis on the children's and youth, the elderly and physical, mental and sensory disabilities, as well as consolidating cultural institutions and contribute to deepening their interacting relationship with the community.
ARTICLE 27. CREATOR. It is understood by creator any person or group of people who generate goods and cultural products from the imagination, the sensibility and the creativity.
Creative expressions, as free expression of human thought, generate identity, sense of belonging and enrich the cultural diversity of the country.
ARTICLE 28. CULTURAL MANAGER. Impresses cultural processes within communities and organizations and institutions, through the participation, democratization and decentralization of the promotion of cultural activity.
Coordinates as a permanent activity the actions of administration, planning, monitoring and evaluation of the plans, programs and projects of the cultural entities and organizations or of the community cultural events.
ARTICLE 29. ARTISTIC AND CULTURAL TRAINING. The State, through the Ministry of Culture and territorial entities, will encourage the technical and cultural training and training of the manager and the cultural administrator to ensure coordination Administrative and cultural matters with a specialised nature. It will also establish agreements with universities and cultural centers for the same purpose.
The Ministry of Culture will establish agreements with public and private universities for the training and specialization of creators in all the expressions referred to in article 16 of the present law.
The Ministry of Culture, in coordination with the Ministry of National Education, will promote in state universities, in the terms of Law 30 of 1992, the creation of higher-level academic programs in the field of arts, including dance-ballet and other performing arts.
ARTICLE 30. SOCIAL SECURITY OF THE CREATOR AND THE CULTURAL MANAGER. 24 of Law 797 of 2003 >
ARTICLE 31. LIFE PENSION FOR CREATORS AND MANAGERS OF CULTURE. 24 of Law 797 of 2003 >
ARTICLE 32. PROFESSIONALIZATION OF ARTISTS. The Ministry of Culture, in coordination with the Ministry of National Education, will define the criteria, requirements and procedures and will carry out the relevant actions to recognize the character of the professional entitled to the artists who, at the date of the approval of this law, have the professional card granted by the Ministry of National Education, based on Decree 2166 of 1985.
PARAGRAFO. The Minister of Culture or his delegate will participate in the Advisory Council for the Profession of the Artist, established according to Decree 2166 of 1985.
ARTICLE 33. COPYRIGHT. The copyright and moral and related rights of authors, actors, directors and playwrights are considered as inalienable by the implications they have for the social security of the artist.
ARTICLE 34. PARTICIPATION IN ROYALTIES. The actors, directors, playwrights, librettists, screenwriters will have the right to inalienable to the participation of royalties for reproduction of the the work in which they act, in accordance with the rules of this law.
ARTICLE 35. OF EXCHANGE, INTERNATIONAL PROJECTION AND BORDERS. The State, through the Ministry of Culture, will finance without distinction of any kind international exchange with other countries as a means of qualification of the artists and of citizenship in general.
The State, through the Ministry of Culture and the Ministry of Foreign Affairs, will promote and finance the establishment of specific cultural development programs in the international arena, with special treatment at the borders. The European Union must be able to take the necessary measures to ensure that it is
ARTICLE 36. CONTRACTS FOR THE DEVELOPMENT OF CULTURAL PROJECTS. For the purpose of fulfilling the functions related to the promotion and encouragement of the creation, research and artistic and cultural activity referred to in Title III, as well as the The Ministry of Culture will be able to conclude the modalities of contracts or agreements provided for in Decrees 393 and 591 of 1991, subject to the requirements laid down in the aforementioned regulations.
ARTICLE 37. FINANCING OF CULTURAL ACTIVITIES THROUGH THE IFI. Through the Institute of Industrial Development, IFI, and by performing credit operations to non-profit, or discount companies and entities through the system financial, cultural and artistic activities may be financed.
To achieve this objective, and in accordance with Article 253 number 3o, of Decree-Law 663 of 1993, the National Government will annually include in the national budget bills the resources necessary to finance the differential. between the rates of placement of the promotion loans, to projects and enterprises of the culture and the arts in all its manifestations, and the rates of the resources of the Institute of Industrial Development, IFI, which will carry out the operations has received the resources.
The Board of Directors of the Institute of Industrial Development, IFI, in coordination with the Ministry of Culture, will regulate the conditions of the operations referred to in this article.
In any case, the Institute of Industrial Development, IFI, will establish preferential conditions of access to these credits, taking into account the conomic capacity of the applicants.
ARTICLE 38. STAMP PROCULTURE. 1 of the Law 666 of 2001. The new text is as follows: > Authorize the departmental assemblies, district councils, and municipal councils to order the issuance of a "Proculture" stamp whose resources will be administered by the respective entity. territorial, to which it corresponds, the promotion and encouragement of culture, with destiny to projects in accordance with national and local plans of culture.
ARTICLE 38-1. 2 of the Law 666 of 2001. The new text is as follows: > The product of the stamp referred to in the previous article shall be used for:
1. Actions aimed at stimulating and promoting the creation, artistic and cultural activity, research and strengthening of the cultural expressions of the article 18 of Law 397 of 1997.
2. To stimulate the creation, operation and improvement of public spaces, suitable for the realization of cultural activities, to participate in the endowment of the different centers and cultural houses and, in general, to promote the infrastructure that cultural expressions require.
3. Encourage the technical and cultural training and training of the creator and the cultural manager.
4. Ten percent (10%) for social security of the creator and the cultural manager.
5. Support the different programs of cultural and artistic expression, as well as encourage and disseminate the arts in all their expressions and the other expressive symbolic manifestations of the article 17 of the Law 397 of 1997.
ARTICLE 38-2. 2 of the Law 666 of 2001. The new text is as follows: > Authorize the departmental assemblies, the district councils and the municipal councils to determine the characteristics, the operative event, the rates, the tax bases and the other matters concerning the compulsory use of the "Proculture" stamp on all operations carried out in its respective territorial entity.
PARAGRAFO. The ordinances and agreements that are issued by the departmental assemblies, the district councils and the municipal councils under the provisions of this law, shall be referred to for the knowledge of the National Government through the Ministry of Finance and Public Credit, Directorate General for Fiscal Support.
ARTICLE 38-3. 2 of the Law 666 of 2001. The new text is as follows: > The rate at which the various acts subject to the "Procultura" stamp are taxed may not be less than zero point five percent (0.5%), nor exceed two percent (2%) of the value of the fact subject to the lien.
ARTICLE 38-4. Liability. 211 of Decree 19 of 2012. The new text is as follows: > The obligation to carry out the collection of the stamp referred to in this Law shall be the responsibility of the departmental, district and municipal officials involved in the acts or acts subject to the charge. determined by the departmental ordinance or by the municipal or district agreements that are issued in accordance with this Law.
Failure to comply with this obligation will be sanctioned by the appropriate disciplinary authority. For the collection of the stamp, the territorial authorities may determine the mechanism to allow them greater control and administrative ease, with the possible use of virtual charges.
ARTICLE 38-5. 2 of the Law 666 of 2001. The new text is as follows: > The control over the collection and the investment of what is produced by the "Proculture" stamp will be exercised in the departments by the departmental contralories, in the districts by the district contralories and in the municipalities by municipal contralories or by the entity exercising their respective fiscal control over them.
ARTICLE 39. TAXES ON PUBLIC SPECTACLES AND SALES TAXES. For the exemptions enshrined in Article 75 of Law 2a of 1976, the following are added:
a) Folkloric dance companies or ensembles;
b) Contemporary music choral groups;
c) Soloists and instrumentalists of contemporary music and Colombian musical expressions;
d) Craft mills.
ARTICLE 40. THE IMPORTANCE OF CINEMA FOR SOCIETY. The State, through the Ministry of Culture, Economic Development, and Finance and Public Credit, will promote conservation, preservation and dissemination, as well as the artistic and industrial development of the Colombian cinematography as a generator of an imagination and a collective memory of its own and as a means of expression of our national identity.
PARAGRAFO. 12 of Act 1185 of 2008. The new text is as follows: > For the purposes of the dissemination of Colombian cinematography, the Ministry of Culture, through the Cinematography Directorate, will be able to deliver pedagogical and outreach materials to the public entities of the territorial order and non-profit entities, which have within their object the development of cultural activities, as determined by the latter, as a free transfer.
ARTICLE 41. OF THE INDUSTRIAL AND ARTISTIC ASPECT OF CINEMA. To achieve the harmonious development of our cinematography, the Ministry of Culture, in the development of the policies that trace, will be able to grant:
1. Special stimuli to film creation in its various stages.
2. Incentives and incentives for Colombian film productions and co-productions.
3. Stimuli and incentives for the exhibition and dissemination of Colombian cinematography.
4. Special stimuli for the preservation and preservation of the Colombian film memory and that universal of particular cultural value.
5. Special stimuli to the physical and technical infrastructure that allows the production, distribution and exhibition of cinematographic works.