Key Benefits:
1185 OF 2008
(March 12)
Official Journal No. 46.929 of 12 March 2008
CONGRESS OF THE REPUBLIC
For which the 1997 Law 397 -General Law of Culture-is amended and added and other provisions are dictated.
COLOMBIA CONGRESS
DECRETA:
ARTICLE 1o. Amend article 4or Act 397 of 1997 which will remain as follows:
" Article 4or. Integration of the Nation's Cultural Heritage. 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 language Castellana, the 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 and immovable nature to which they are attributes, among others, special historical, 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 2o. Article 5or Act 397 of 1997 will remain as follows:
" Article 5or. National System of Cultural Heritage of the Nation. 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, for the goods and manifestations of the cultural heritage of the Nation, for the goods of cultural interest and their owners, users to any title and forks, for the manifestations incorporated to the Representative List of Intangible Cultural Heritage, for the whole of institutions and processes of institutional development, planning, information, and the public and private responsibilities and obligations, articulated with each other, that enable the protection, safeguarding, recovery, conservation, sustainability and dissemination of the Nation's cultural heritage.
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 3o. Article 6or Act 397 of 1997 will remain as follows:
" Article 6or. Archaeological Heritage. 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, make it possible to reconstruct and give to to know 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.
Pursuant to Articles 63 and 72 of the Political Constitution, the assets of the archaeological heritage belong to the Nation and are Inalienable, imprescriptible and inembargable.
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 4. Amend article 7or Law 397 of 1997 which will remain so:
" Article 7or. National Council of Cultural Heritage. As of the current 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 protection, protection and management of the cultural heritage of the nation.
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.
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 5o. Amend article 8or Act 397 of 1997 which will remain so:
"Article 8or. Procedure for the declaration of goods of cultural interest.
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.
Procedure
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 a recall of national monuments or goods of cultural interest carried out by the Ministry of Education, the recall shall be the responsibility of the Ministry of Culture. "
ARTICLE 6o. Amend article 10 of Law 397 of 1997 which will remain so:
"Article 10. Inembargability, printability, and inalienable. 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 7o. Article 11 of Law 397 of 1997 will remain so:
"Article 11. Special Protection Regime for Cultural Interest Goods. The material goods of cultural interest of public and private property shall 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. Intervention means any act that causes changes to the good of cultural interest or affects the state of the cultural interest. 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 be authorized by 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 Institute of Anthropology and History in accordance with the Archaeological Management Plan.
In addition, the intervention of a good of cultural interest in the territorial scope must have the authorization of the territorial entity that has made such a declaration.
The intervention may only be performed under the supervision of professionals in the field duly registered or accredited to the respective authority.
The intervention authorisation to be issued by the competent authority may not, in the case of immovable property, be replaced by any other type of authorisation 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 relevant authority shall approve its performance or, if appropriate, may request that the works comply 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 8o. Add article 11-1 to Act 397 of 1997, with the following content:
"Item 11-1. Intangible cultural heritage. The intangible cultural heritage is constituted, among others, by the manifestations, practices, uses, representations, expressions, knowledge, techniques and cultural spaces, that the communities and the groups recognize as part Member of the 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 9o. Article 14 of Law 397 of 1997 will remain so:
Article 14. Inventory of Cultural Heritage Assets and Cultural Interest Record. In relation to cultural heritage assets 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 10. Article 15 of Law 397 of 1997 will remain so:
Article 15. Of the faults against the Nation's cultural heritage. 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 ".
ARTICLE 11. Article 16 of Law 397 of 1997 will remain so:
Article 16. Of the compliance action on the cultural-interest goods. The effective enforcement of laws or administrative acts that are directly related to the protection and defense of the goods that make up the cultural patrimony of the Nation, may be demanded by any person through the the procedure laid down for compliance action in Law 393 of 1997 or in the provisions amending or replacing it.
ARTICLE 12. Add a paragraph to Article 40 of Law 397, 1997, with the following content:
"Paragraph. 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 to the non-profit-making entities, which have within their object the development of cultural activities, which the latter determines, by way of free transfer. "
ARTICLE 13. Add a paragraph to Article 49 of Law 397, 1997, with the following content:
"Paragraph. For the development of existing museums and the inventory and registration of their collections, the Ministry of Culture, through the National Museum, will deliver to the museums it determines, from computer equipment to the title of free transfer. "
ARTICLE 14. Amend article 56 of Law 397 of 1997, which will remain so:
Article 56. Stimulus to the Nation's cultural heritage. The owners of movable and immovable property declared to be of cultural interest, or the third parties who have applied for and obtained such a declaration, may deduct all the costs incurred in the preparation of the Plans. Special protection and for the maintenance and preservation of these goods even if they do not have a causal link with the production activity of income.
To be entitled to this benefit the interested persons must submit for approval from the Ministry of Culture or the territorial authority competent to carry out the declaratory in question, the draft Special Plan of Protection, the project of intervention or the adequacy of the movable or immovable property concerned.
The Ministry of Culture will regulate the application of the provisions of this article, for the safeguarding and dissemination of the manifestations of intangible cultural heritage, in consideration to the fact that it has no individual owner. "
ARTICLE 15. Modify the number 10 corresponding to the conformation of the Departmental Councils of Culture, of article 60 of Law 397 of 1997, which will be so:
"10. A representative of each of the artistic and cultural sectors. "
ARTICLE 16. Add a paragraph 2o to article 62 of Law 397 of 1997, with the following content:
"Paragraph 2o. The governorates and the Districts will be able to create the Departmental and District Councils of Arts and Culture, in each of the artistic and cultural manifestations.
These Councils will be advisors to departmental and district entities, for policies, plans and programs in their respective area. Its composition, functions, session regime and technical secretariat shall be governed by the general rules for the National Councils of Arts and Culture. "
ARTICLE 17. FILM CLASSIFICATION COMMITTEE. Create the Film Classification Committee as an organ attached to the Ministry of Culture, which is responsible for advising the National Government on the matter.
ARTICLE 18. INTEGRATION OF THE FILM CLASSIFICATION COMMITTEE. The Film Classification Committee shall be integrated as follows:
A film expert.
A lawyer.
A psychologist.
A representative of the Family Parents Associations.
An academic sector representative.
PARAGRAFO. The members of the Committee shall be appointed by the Minister of Culture, in accordance with the regulations they issue for the purpose.
ARTICLE 19. PERIOD AND REMUNERATION OF THE MEMBERS OF THE FILM CLASSIFICATION COMMITTEE. The members of the Film Classification Committee shall be appointed for periods of two (2) years.
The Ministry of Culture will set the remuneration of the members of the Classification Committee and make the budget appropriations to pay for their payment.
ARTICLE 20. ROLE OF THE FILM CLASSIFICATION COMMITTEE. They are functions of the Film Classification Committee:
1. Prepare the film classification system taking into account the age of the viewers. The Ministry of Culture, through the Cinematography Directorate, will approve this system.
2. Propose modifications to the film classification system when deemed necessary.
3. Decide on the classification of each film.
ARTICLE 21. TERM FOR THE CLASSIFICATION OF FILMS. Films must be classified by the Committee within fifteen (15) days following their display to the Committee. If the Committee within that term does not make any determination, the film shall be deemed to be suitable for more than 12 (12) years and shall be entitled to display it.
Against the decisions of the Committee on the Classification of Films, a replacement and an appeal for an appeal to the Ministry of Culture, the Cinematography Directorate, which must be filed within five (5) working days following the notification of the classification. If the Committee does not resolve the replenishment facility within ten (10) business days following its interposition, the latter shall be deemed to be denied and the appeal shall be filed with the Ministry of Culture.
ARTICLE 22. FILM EXHIBITION. No film may be passed in movie theaters or sites open to the public, without prior authorization from the Film Classification Committee.
It is excepted from the previous ban, the exhibition of films at film festivals, provided that the producers, distributors or organizers register them in the Ministry of Culture, Cinematography, with fifteen (15) days of anticipation at least.
ARTICLE 23. MOVIE EXHIBITOR OBLIGATIONS. Movie exhibitors are required to:
1. Refrain from publicly displaying films that have not been classified by the Committee.
2. Refrain from displaying in the same show films of different classifications or accompanying them of advances or documentaries that do not match the classification of the same, unless the show is announced with the classification or age major.
3. Prevent the entry to the film shows of persons under the age indicated in the respective classification.
4. Refrain from using misleading advertising means, such as announcing a film with a different classification than the one set by the Committee.
ARTICLE 24. SANTIONS. Exhibiters who are in violation of the provisions of Articles 22 and 23 of this Law shall be imposed according to the seriousness of the infringement fines of thirty (30) to Fifty (50) monthly minimum legal wages in force.
PARAGRAFO. In case of recidivism, it will also impose temporary closure of the room for up to six (6) months. Similarly, exhibits that violate the provisions of the provisions may be suspended.
The sanctions referred to in this article will continue to be the responsibility of the mayors, with the previous favorable concept of the Ministry of Culture.
ARTICLE 25. SCENES DELETION IMPROVENANCE. The Movie Classification Committee will not be able to order the deletion of certain scenes.
ARTICLE 26. VALIDITY AND REPEAL. This law governs from the date of its enactment, repeals articles 3o, 6o, 8o, 9o, 11, 13, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34 of Law 163 of 1959; Articles 151 to 159 of Decree-Law 1355 of 1970; amends articles 1o to 9o of Decree-Law 2055 of 1970; amends Title II of the Act 397 of 1997, except for items 9or, 12 and 13, and modify and add 40, 49, 56, 60 and 62 of the 1997 397 Act.
The President of the honorable Senate of the Republic,
NANCY PATRICIA GUTIERREZ CASTANEDA.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
OSCAR GROVE PALACIO.
The Secretary General (E.) of the honourable House of Representatives,
JESUS ALFONSO RODRIGUEZ CAMARGO.
COLOMBIA-NATIONAL GOVERNMENT
Publish and execute.
Dada en Bogotá, D. C., a 12 de marzo de 2008.
ALVARO URIBE VELEZ
The Minister of Finance and Public Credit,
OSCAR IVAN ZULUAGA ESCOBAR.
The Minister of Culture,
PAULA MARCELA MORENO ZAPATA
