ACT 686 OF 2001
Official Journal No 44522 of 18 August 2001
why Cauchero Development Fund is created, rules for
its collection and administration and other provisions are created. Summary
THE CONGRESS OF COLOMBIA DECREES: TITLE I.
ARTICLE 1o. OBJECT. This law aims to establish the quota of Development Cauchera and the main definitions of the bases for collection, management, and disposal, in order to ensure the optimal development of Subsector Cauchero.
DEFINITION OF SUBSECTOR.
. RUBBER agronomy. For purposes of this law it recognizes the Heveicultura as a component of the agricultural and forestry sector in the country, which aims to cultivation, harvesting and the benefit of natural rubber latex (Hevea brasiliensis).
PARÁGRAFO. Within this concept understood by:
a) Rubber tree belonging to the genus Hevea brasiliensis and species;
B) Striped: the process that stalk rubber tree for obtaining latex is subjected;
C) Collection: process by which the latex or field clot is removed and taken to the place where it will be benefited;
D) Benefit: process that latex or clot field is submitted for different raw materials natural rubber, such as latex, preserved latex, centrifuged latex, cremated, crushed stone, blade, smoked sheet, TSR20 , TSR10, TSR5, TSRL, Crepe and special Rubbers;
E) Heveicultor: natural or legal person whose activities the establishment, maintenance, exploitation of rubber plantations and the benefit of latex produced by the trees. This term is used synonymously with rubber tapper. Effective Notes
DEVELOPMENT FEE slingshot.
ARTICLE 3. FEE. Establécese Development Fee Cauchera as parafiscal contribution, whose collection will be assigned to the special account called the Development Fund Cauchero.
ARTICLE 4. FEE. Cauchero Development Fee shall be one percent (1%) from the sale of a kilogram or liter, as appropriate for dry or liquid natural rubber. PARAGRAPH 1.
. To this effect, the Ministry of Agriculture and Rural Development, will mark six months before June 31 and before December 31 of each year, the reference price of a kilogram or liter at the national level of each of the raw materials are occurring, based on which will be held settlement fees cauchero promotion during the immediately following semester. Effective Notes
DEVELOPMENT FUND Cauchero.
The 5th ITEM. Cauchero DEVELOPMENT FUND. Believe Cauchero Development Fund to manage resources from the collection of the fee for the Promotion of Rubber, which will stick to the policy guidelines of the Ministry of Agriculture for the development of the agricultural sector.
ARTICLE 6o. OF SUBJECTS OF THE QUOTA. It is the subject of the Development Fee Cauchero any natural or legal person who benefits latex or clot field, from rubber trees, either to sell it or to use in agro-industrial or industrial processes. Effective Notes
TITLE V. RETENTION OF THE QUOTA.
ARTICLE 7. Retainers. They are retainers Development Fee Cauchera, natural or legal persons who market the respective products for industrial processing or sale on the domestic or international market, according to the regulations for the purpose by the Government.
PARÁGRAFO. Retainers Fee Promotion Cauchera should move into the next calendar month the total amount withheld in the previous month. The retainer account for the deductions made in separate accounts and accounts must deposit the money in the account Cauchero Development Fund, within the first two weeks following the retention schedule. Effective Notes
Article 8. SANCTIONS. Retainers Fee Development Cauchero defaulting to raise the quota or not timely transfer it to the entity administering the Development Fund Cauchero, creditors will be made to the penalties provided below:
assume and pay against their own heritage value of the share left to collect. A pay default interest on the amount left to shift for each month or part month of delay in payment.
PARÁGRAFO. The entity administering the Development Fund Cauchero advance the administrative and jurisdictional respective, to collect the fee and penalty interest, when it any place. Effective Notes
ADMINISTRATION NATIONAL DEVELOPMENT FUND Cauchero.
Article 9. MANAGEMENT AGENCY. The Ministry of Agriculture and Rural Development Cauchera contract with the Colombian Confederation (CCC) administration Cauchero Development Fund.
The contract will point to the managing entity regarding the management of the Fund, criteria for strategic management and management by objectives, the definition and establishment of programs and projects, powers and prohibitions of the managing entity, the term the contract will be for ten (10) years and other requirements and conditions required for the fulfillment of the objectives and determine the value of the consideration for the administration and collection of the fee is ten percent (10%) the national collection. Effective Notes
ARTICLE 10 OF ACCOUNTABILITY. The entity administering the Fund will pay the accounts for the collection, management and investment of resources to the Office of the Comptroller General of Colombia.
ARTICLE 11 OF ASSETS. The assets acquired with the Fund, should be incorporated into the special account of it. In each operation should I be established that the purchased is part of the Fund.
ARTICLE 12. LIQUIDATION. If it is settled, all his property, including Fund monies that are in hand or on deposit, once canceled liabilities, will be delivered by the Ministry of Agriculture to a specialized public or private entity, to that invest in the same objectives to those established in this law.
ARTICLE 13. CONDITION FOR FEE REVENUES. So that it can be raised Cauchera Development Fee established by this law, it is necessary that the contract between the Ministry of Agriculture and the entity administering the Fund is in effect.
ARTICLE 14. FUND WATCH. The Ministry of Agriculture, will evaluate, control and inspection of programs and projects developed with the resources of the quota. The managing entity shall biannually to report on the funds obtained and investment.
The Ministry of Agriculture may verify such reports inspecting the books and other documents that the administering entity must keep management of the Fund.
ARTICLE 15. INVESTMENT PLAN. The entity administering the Fund annually prepare the investment plan and expenses for programs and projects for the following year in accordance with the requirements and guidelines outlined in this law.
OBJECTIVES DEVELOPMENT FUND Cauchero.
ARTICLE 16. PURPOSE OF THE QUOTA. The resources obtained from the Development Fee Cauchero, will have the following purposes:
1. Research and adaptation of technologies seeking improved productivity, quality and competitiveness of natural rubber. Research on agronomic and phytosanitary problems affecting rubber plantations and breeding, accompanied by technology transfer and dissemination of results to producers of rubber.
2. technical assistance and technology transfer to producers and technical assistants rubber.
3. Promote the consumption of natural rubber, inside and outside the country.
4. Marketing activities inside and outside the country, stimulation for the formation of trading companies, distribution channels and rubber collection.
5. Train, collect and disseminate information that will benefit Subsector Cauchero Chain Rubber.
6. Phytosanitary programs and projects.
7. Diversifying production of the rubber units and environmental conservation.
8. Support price stabilization mechanisms for natural rubber, which have the support of heveicultores and the national government. Effective Notes
ARTICLE 17 OF THE STEERING COMMITTEE. The Development Fund Cauchero will consist of five Steering Committee (5) members: one (1) representative of the national government will be the Minister of Agriculture and Rural Development who will chair the Steering Committee or its delegate and four (4) representatives rubber growers, each with its respective alternate.
PARÁGRAFO. The representatives of growers, three (3) must be rubber tappers in the exercise, either personally or on behalf of a legal entity, engaged in this activity for a period not less than three (3) years.
These representatives shall be appointed by the National Congress of Rubber Producers, giving representation to all parts of the country slingshots. The period of the representatives of the growers will be two (2) years and may be reappointed. The fourth representative of cough producers will be the Director of the Colombian Confederation Cauchera (CCC). Effective Notes
ARTICLE 18. FUNCTIONS OF THE STEERING COMMITTEE. The Steering Committee of the Fund shall have the following functions:
approve the annual budget of income and expenses of the Fund, presented by the managing entity, prior approval of the Ministry of Agriculture and Rural Development.
Approve investments from the Fund be carried out by the managing entity and other entities serving the rubber tappers.
Ensure the sound and efficient management of the Fund by the management entity.
PARÁGRAFO. The decisions of the Steering Committee of the Fund's budget, investment and expenditure of resources collected by way of Cauchera Development Fee, must have the approval of the Ministry of Agriculture and Rural Development. Effective Notes
ARTICLE 19. FUND BUDGET. The managing entity, based on the programs and projects prioritized by the National Congress of Producers, annually compile the investment plan and expenditure for the next financial year. This plan can only be implemented after approval by the Fund Steering Committee. Effective Notes
ARTICLE 20. OTHER RESOURCES FUND. The Development Fund Cauchero, may receive and channel resources from internal and external credit entered into by the Ministry of Agriculture, for the fulfillment of the objectives set by this law, as well as contributions and investments of individuals and legal entities, domestic and foreign the same purpose, as well as financial returns.
ARTICLE 21 OF FISCAL CONTROL. The subsequent fiscal control over the investment of resources Cauchero Development Fund, will exercise the Comptroller General of the Republic, in accordance with the relevant rules and regulations appropriate to the nature of the Fund and administering body.
ARTICLE 22. INSPECTION AND SURVEILLANCE. The entity administering the Fund and the collection of the fee may make inspection visits to the ledgers of the subjects of the fee and / or natural and legal retainer of the Fee persons as appropriate to ensure due payment Development fee provided for in that law.
ARTICLE 23. ELIMINATION OF QUOTA AND LIQUIDATION OF THE FUND. The Development Fund resources Cauchero at the time of liquidation will ,, by the Ministry of Agriculture and its management it should be contracted by the Ministry with a professional body of the agricultural sector to ensure their use in programs and advocacy rubber.
ARTICLE 24 OF THE EFFECTIVENESS OF LAW. This law will come into force from its promulgation.
The President of the honorable Senate,
MARIO URIBE ESCOBAR.
The Secretary General of the honorable Senate of the Republic, Manuel Enríquez Rosero
The President of the honorable House of Representatives,
BASILIO VILLAMIZAR TRUJILLO.
The Secretary General of the honorable House of Representatives, ANGELINO
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT PUBLISHED AND ENFORCED
Given in Bogotá, DC, 15 August 2001.
Andres Pastrana Minister of Finance and Public Credit, Juan Manuel Santos Calderon
The Minister of Agriculture and Rural Development, RODRIGO VILLALBA