Agencia Nacional de Minería

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NORMATIVIDAD

 

BRIEF GUIDE TO INVEST IN MINING IN COLOMBIA

 

If you are interested in investing in the colombian mining sector, please consider the following aspects, without prejudice to specialized legal advice for each company and project.

 

HOW TO INVEST?

 

Colombia is governed by the freedom of enterprise principle and equal treatment of nationals and foreigners. Likewise, there is special protection of natural resources, especially in the case of extractive industries, a tax collection solid system (royalties) and control of Money Laundering and Financing of Terrorism. 

Given the foregoing, and although submitting a Concession Contract proposal in Colombia only requires a legal representative (Art. 58 Law 1564 of 2012), if you are going to start activities in Colombia you should consider implementing the following actions:

 

1. Have a company's branch or create a company

office

 

Companies in Colombia are constituted through Public Deed, which shall contain what is provided in the Commercial Code (Art. 110 of the Commercial Code) in any of the forms established by the Colombian legislation.

As an example we mentioned the most common:

• Public Limited Company
• Limited Liability Company
• Simplified Joint Stock Company


Said company shall be registered in the Chamber of Commerce corresponding to the Company's domicile and its corporate purpose must contemplate the realization of the activities described in the Colombian Code of Mines (Art. 2 Code of Colombian Mines Law 685 of 2001), this is, Exploration, Exploitation, Commercialization, among others. 

 

To obtain the mining concession contract, either through the submission of the Concession Contract Proposal (this procedure can be pre-empted in virtual form before the National Mining Agency at this link) or through the Assignment of a Title already registered, the applicant must consider that the general norms of the general contracting statute of the Colombian State are applicable (Law 80 of 1993), as far as capacity and the regime of inabilities and incompatibilities are concerned, and of course all those related to economic and technical capacity


2. Single Tax Registration (RUT, for its abbreviation in Spanish)

dian

 

Also, the company shall request the Single Tax Registration before the DIAN - Directorate of National Taxes and Customs (after opening a bank account in any of the financial market establishments authorized by the Financial Superintendency) which will assign a tax identification number (RUT) to it.


3. Foreign Exchange

mercado cambiario

 

Foreign Investment in Colombia must be channeled through the foreign exchange market intermediaries. This must be registered in the Central Bank of Colombia and grants rights such as the remittance of profits abroad, among others, to investors.


By meeting these requirements the legal entity may be subject to rights and obligations, including accounting obligations (having Financial Statements and comply with applicable accounting standards) and tax obligations (general and special for the economic activity performed).


The following are some of the registration forms:

 

  • Exchange declaration: for investment is in foreign currency.
  • Forms 11 and 12: Declaration of registration of international investments, or substitution of companies destined for the investment.
  • Form 11 A: when the substitution is derived from business reorganization.
  • Form 2: Registration of imports.
  • Form 5: Foreign Investment      


4. Mining Concession Contract

In order to carry out operations in the mining sector a Mining Concession Contract must be duly registered in the national mining registry (Article 14 Colombian Mining Code, Law 685 of 2001).


It is possible to obtain a Mining Concession Contract as follows:


• Through the submission of a proposal before the Mining Authority, the National Mining Agency (ANM). For the case of Antioquia, it is the Secretariat of Mines of the Department. The proposal should be parallel to the fulfillment of requirements in the current regulations (legal, economic and technical capacity, and environmental and labor suitability, among others).

 

Through the assignment of a registered mining title, after the approval of the authority granting the title. This assignment also requires registration in the mining registry, since there is novation in the concessionaire. Before submitting the proposal it is recommendable to request a Free Area Certificate, taking into account that in Colombia, in the case of mining activity, the following principle of law applies: "first-come, first-served". The proposal, which requires the acquisition of a PIN (online), will be analyzed by the granting authority (period during which it is required that the applicant submits additional documentation, under penalty of the declaration of withdrawal).

 

This analysis comprises aspects such as: 

 

1. Legal feasibility: related to the applicant's quality, with disabilities and incompatibilities, as well as its corporate purpose and legal representation, if of moral persons is concerned.


2. Economic feasibility: related to financial sufficiency, in order to advance the proposal in the area to be concessioned.


3. Technical feasibility: referred to the study of the requested area, Format A, which is the estimate of investments to be made and the plane.

 

Once accepted by the mining authority, the right to suscribe the Concession Contract is granted, which comprises the different stages of the Mining Cycle:

 stages of the mining cycle

 

The Concession Contract can have a maximum duration of up to 30 years, extendable for another 30 years, taking into account that each stage has a maximum in time for its realization. Obtaining the concession contract is subject to compliance with legal, economic and technical requirements, and to the presentation and fulfillment of a Social Management Plan, as well. 

 

5. Environmental requirements

 

parks

 

Colombian regulation contemplates areas that are excluded from mining with full rights (for environmental reasons) and other areas in which the activity is restricted.


Likewise, there are high standards in terms of environmental protection for activities that involve the use of non-renewable natural resources and there are regional authorities such as: Regional Environmental Corporations and the National Agency for Environmental Licenses (ANLA, for its abbreviation in Spanish). 

 

The applicant must comply with the environmental mining guide approved by the environmental authority to begin the exploration stage and will require the Environmental License granted by the competent authority to begin the construction and assembly phases, as well as the exploration phase.

 

6. Other social and territorial aspects

Before granting the concession contract or when going from one stage to another, the applicant must take into account other previous activities (carried out either by the authority granting the mining title, environmental authorities or the applicant itself, such as:


• Concertation with territorial authorities arrow circle green right


This is performed by the mining authority.  There must be clarity about whether or not there is compliance with the execution of mining activities, by the corresponding territorial authorities, where the project will be located. This is recorded in minutes that are available for consultation at the National Mining Agency (ANM).

 

Public Hearing with the Community  arrow circle green right

This is performed by the mining authority.  Before granting the title, the mining authority will socialize the project within the community impacted by it. At the same time, it is an opportunity for the community to exercise their participation rights.  This could translate into obtaining a social license that would allow the title holder to execute the project.

 

Prior Consultation  arrow circle green right

In compliance with the ILO conventions, the Prior Consultation should be carried out when a project affects an ethnic community's identity. The project owner will be in charge of implementing it in order to obtain the environmental license.


7. Considerations  arrow circle green right

Considering that the use of resources owned by the State, during the term of the contract the title holder will be subject to the payment of a surface rental fee (Exploration and Construction and Assemby stage). During the Exploitation stage, the contract will be subject to royalty payments, according to the pithead values established by the Mining and Energy Planning Unit (UPME, for its abbreviation in Spanish). In some contracts, depending on their nature, other conditions or additional considerations have been agreed upon.

 

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Informacion Agencia Nacional de Minería
NATIONAL MINING AGENCY

Avenida Calle 26 No. 59-51, Tower 4, Floors 8, 9 and 10

Phone number: (+57 1) 220 19 99 - Postal Code: 111321

Citizen service hours: Monday to Friday 7:30a.m. to 4:00p.m.

Bogota D.C. - Colombia

PROMOTION GROUP

Avenida Calle 26 No 59-51 Tower 4, Floor 9

Phone number: (+57 1) 220 1999 Ext. 5717-5705

Email: promocion@anm.gov.co

Service hours: Monday to Friday 7:30 a.m. to 4:00 p.m.