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Why Cauchero Development Fund Is Created, Rules For Collection And Administration Sets And Other Provisions Are Created

Original Language Title: Por la cual se crea el Fondo de Fomento Cauchero, se establecen normas para su recaudo y administración y se crean otras disposiciones

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LAW 686 OF 2001

(August 15)

Official Journal No 44.522 of 18 August 2001

by which the Cauchero Development Fund is created, rules are established for

your collection and administration and other provisions are created.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

TITLE I.

OF THE BASIC RULE.

ARTICLE 1o. OBJECT. This law aims to establish the Cauchera Development quota and the main definitions of the bases for its collection, administration, and destination, in order to ensure the optimal development of the Cauchero Subsector.

TITLE II.

OF THE SUBSECTOR DEFINITION.

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ARTICLE 2o. OF THE AGRONOMY OF RUBBER. 1 of Law 1758 of 2015. The new text is as follows: > For the purposes of this law Heveiculture is recognized as a component of the agricultural and forestry sector of the country, which aims at the cultivation, harvesting and the benefit of natural rubber latex (Hevea brasiliensis).

PARAGRAFO. Within this concept understand by:

a) Caucho: the tree belonging to the genus Hevea and the species Brasiliensis;

b) Rayado: the process to which the stem of the rubber tree is submitted for the production of latex;

c) Collection: process by which the latex or the field clot is removed and leads to the place where it will be benefited;

d) Benefit: process to which the latex or field clot is subjected to obtain different raw materials of natural rubber, such as: latex, preserved latex, centrifuged latex, creamed latex, ripple, foil, smoked sheet, TSR20, TSR10, TSR5, TSRL, Crepe and Special Cauchos;

(e) Heveicultor: natural or legal person who has as activities the establishment, the maintenance, the use of rubber plantations and the benefit of the latex produced by the trees. This term is used as a synonym for cauchero.

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TITLE III.

OF THE CAUCHERA PROMOTION QUOTA.

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ARTICLE 3o. FROM THE CUOTA. Set up the Cauchera Fomento Cuota, as a Parafiscal contribution, whose collection will be assigned to the special account called the Cauchero Development Fund.

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ARTICLE 4. OF THE RATE. 2 of Law 1758 of 2015. The new text is as follows: > The Cauchero Fomento Cuota will be one per cent (1%) of the sale of kilogram or litre, as appropriate to dry or liquid natural rubber.

PARAGRAFO 1o. For the above purposes, the Ministry of Agriculture and Rural Development shall, by 31 June and before 31 December of each year, point out the reference price of kg or litre before 31 June of each year. at the national level of each of the raw materials being produced, on the basis of which the settlement of the captive promotion quotas shall be carried out during the immediately following six months.

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TITLE IV.

THE CAUCHERO PROMOTION FUND.

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ARTICLE 5o. THE CAUCHERO PROMOTION FUND " created the Cauchero Development Fund for the management of resources from the collection of the Cuota for the Promotion of Rubber, which will be based on the policy guidelines of the Ministry of Agriculture for development of the agricultural sector.

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ARTICLE 6o. OF THE SUBJECTS OF THE QUOTA. 3 of Law 1758 of 2015. The new text is as follows: > It is the subject of the Cauter of the Cauchero Development every natural or legal person who benefits the latex or the field clot, coming from the rubber trees, either to market it or to use it in processes agroindustrial or industrial.

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TITLE V.

OF QUOTA RETENTION.

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ARTICLE 7o. Of the RETAINERS. They are retainers of the Cauchera Fomento Cuota, natural or legal persons who commercialize the respective products for industrial processing or their sale on the domestic or international market, according to the regulations that the National Government will issue for the effect.

PARAGRAFO. 4 of Act 1758 of 2015. The new text is as follows: > The holders of the Cauchera Fomento Cuota will be required to move the total of the quota held in the previous month within the calendar month. The retainer shall account for the deductions made in separate accounts of its accounts and shall record the money in the account of the Fund for the Cauchero Development Fund, within the first half of the calendar month following that of the holding.

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TITLE VI.

OF THE SANTIONS.

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ARTICLE 8o. OF THE SANTIONS. 5 of Law 1758 of 2015. The new text is as follows: > The holders of the Cauchero Fomento Cuota that do not fulfill their obligations to collect the quota or not to transfer it in a timely manner to the managing body of the Cauchero Development Fund, will be made creditors to the Penalties set out below:

Assume and pay against your own estate the value of the fee left to raise. To pay moratorio interest on the amount no longer to be transferred for each month or fraction of month of delay in the payment.

PARAGRAFO. The managing entity of the Cauchero Development Fund will advance the respective administrative and jurisdictional processes for the collection of the moratorio fee and interest, when there is a place.

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TITLE VII.

OF THE ADMINISTRATION OF THE NATIONAL CAPTIVE PROMOTION FUND.

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ARTICLE 9o. OF THE MANAGEMENT BODY. 6 of Law 1758 of 2015. The new text is as follows: > The Ministry of Agriculture and Rural Development will contract with the Colombian Cauchera Confederation (CCC) the administration of the Cauchero Development Fund.

The contract will indicate to the managing entity what is related to the management of the Fund's resources, the criteria of strategic management and administration by objectives, the definition and establishment of programs and projects, the powers and prohibitions of the managing body, the term of the contract which shall be for ten (10) years and the other requirements and conditions required for the fulfilment of the objectives and shall determine that the value of the consideration by the administration and collected from the quota will be ten percent (10%) of the national collection.

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ARTICLE 10. FROM THE ACCOUNTABILITY. The managing entity of the Fund will render the corresponding accounts for the collection, management and investment of the resources, to the Comptroller General of the Republic.

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ARTICLE 11. OF THE ACTIVE. The assets that are acquired from the Fund's resources shall be incorporated into the Fund's special account. In each operation it shall be established that the goods acquired are part of the Fund.

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ARTICLE 12. SETTLEMENT. In the event that the settlement is settled, all of its assets, including funds from the Fund that are in cash or in banks, once the liabilities are cancelled, shall be delivered by the Ministry of Agriculture to a public entity or specialised private, in order to invest them in the same objectives as those set out in this law.

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ARTICLE 13. CONDITION FOR THE COLLECTION OF THE QUOTA. For the collection of the Cauchera Fomento Cuota established by this law, it is necessary that the contract between the Ministry of Agriculture and the administrative entity of the Background.

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ARTICLE 14. MONITORING OF THE FUND. The Ministry of Agriculture will make the evaluation, control and inspection of programs and projects that are developed with the resources of the quota. The managing body shall report semi-annually on the resources obtained and its investment.

The Ministry of Agriculture may verify these reports by inspecting the books and other documents that the managing body shall retain from the Fund's management.

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ARTICLE 15. THE INVESTMENT PLAN. The Fund's managing body shall annually draw up the investment and expenditure plan for programmes and projects for the following year in accordance with the needs and guidelines outlined in this law.

TITLE VIII.

OF THE OBJECTIVES OF THE CAUCHERO PROMOTION FUND.

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ARTICLE 16. PURPOSE OF THE QUOTA. 7 of Law 1758 of 2015. The new text is as follows: > The resources obtained by the Cuota de Fomento Cauchero will have the following purposes:

1. Research and adaptation of technologies that seek to improve the productivity, quality and competitiveness of natural rubber. Research on agronomic and phytosanitary problems affecting the plantations of rubber and genetic improvement, accompanied by the transfer of technology and dissemination of results to the rubber producers.

2. Technical assistance and technology transfer to the producers and technical assistants of rubber.

3. Promote the consumption of natural rubber, both inside and outside the country.

4. Marketing activities in and out of the country, stimulation for the formation of marketing companies, collection channels and distribution of rubber.

5. Train, collect and disseminate information that benefits the Cauchero Subsector of the Rubber Chain.

6. Plant protection programmes and projects.

7. To diversify the production of the rubber and environmental conservation units.

8. Support price stabilization mechanisms for natural rubber, which are supported by the farmers and the national government.

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TITLE IX.

OF THE ADDRESS COMMITTEE.

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ARTICLE 17. OF THE DIRECTIVE. 8 of Law 1758 of 2015. The new text is as follows: > The Cauchero Development Fund will have a Steering Committee composed of five (5) members: one (1) representative of the national government to be the Minister of Agriculture and Rural Development who will chair the Committee Manager or his delegate and four (4) representatives of the rubber growers, each with their respective alternate.

PARAGRAFO. The representatives of the growers, three (3) must be in exercise, either in a personal capacity or on behalf of a legal person, engaged in this activity for a period of no less than Three (3) years.

[El Nacional] These representatives will be appointed by the National Congress of Rubber Producers, representing all the country's rubber-tacked areas. The period of the growers ' representatives shall be two (2) years and may be re-elected. The fourth representative of the producers will be the Director of the Colombian Cauchera Confederation (CCC).

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ARTICLE 18. FUNCTIONS OF THE STEERING COMMITTEE. 9 of Law 1758 of 2015. The new text is as follows: > The Fund Steering Committee will have the following functions:

Approve the Fund's annual revenue and expenditure budget, presented by the managing body, after having been approved by the Ministry of Agriculture and Rural Development.

Approve investments that the Fund's resources must carry out with resources from the Fund and other entities in the service of the rubberners.

Ensure the proper and efficient management of the Fund by the managing body.

PARAGRAFO. The decisions taken by the Fund's Steering Committee on the budget, investment and expenditure of the resources collected by the Cauchera Development Fund will have to be given the approval of the Ministry of Agriculture and Rural Development.

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ARTICLE 19. FROM THE FUND BUDGET. 10 of Law 1758 of 2015. The new text is as follows: > The managing body, based on the programs and projects prioritized by the National Congress of Producers, will produce annually the investment and spending plan for the next annual financial year. This plan may only be implemented after approval of the Fund's Steering Committee.

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ARTICLE 20. OTHER RESOURCES OF THE FUND. The Cauchero Development Fund, may receive and channel internal and external credit resources that the Ministry of Agriculture subscribes for in order to meet the objectives set by this law, as well as contributions from the Ministry of Agriculture. investments of natural and legal persons, domestic and foreign for the same purpose, as well as financial returns.

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ARTICLE 21. subhead] The subsequent fiscal control over the investment of the resources of the Cauchero Development Fund will be exercised by the Comptroller General's Office, in accordance with the appropriate rules and regulations, appropriate to the nature of the Fund and its administrative body.

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ARTICLE 22. OF THE INSPECTION AND SURVEILLANCE. The managing body of the Fund and the collection of the quota may carry out inspection visits to the books of accounts of the subjects of the Cuota and/or the natural and legal persons holding the Fee as per the case to ensure due payment of the Fomento Fee provided for in that law.

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ARTICLE 23. ABOLITION OF THE FUND ' S QUOTA AND LIQUIDATION. The resources of the Cauchero Fomento Fund at the time of its liquidation, shall be carried out by the Ministry of Agriculture and its administration shall be contracted by the Ministry of Agriculture with an entity. Agricultural sector to guarantee its use in support programs and defense of rubber.

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ARTICLE 24. OF THE FORCE OF THE ACT. This law shall enter into force upon its promulgation.

The President of the honorable Senate of the Republic,

MARIO URIBE ESCOBAR.

The Secretary General of the honorable Senate of the Republic,

MANUEL ENRIQUEZ ROSERO.

The President of the honorable House of Representatives,

BASILIO VILLAMIZAR TRUJILLO.

The Secretary General of the honorable House of Representatives,

ANGELINO LIZANO RIVERA.

COLOMBIA-NATIONAL GOVERNMENT

PUBLISH AND COMPLY.

Dada in Bogotá, D. C., on August 15, 2001.

ANDRES PASTRANA ARANGO

The Minister of Finance and Public Credit,

JUAN MANUEL SANTOS CALDERÓN.

The Minister of Agriculture and Rural Development,

RODRIGO VILLALBA MOSQUERA.

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