Productos Quimicos Controlados

Article 4 of Resolution 1 of 2015 (the "Resolution") lists the substances and chemical products that are controlled by the Ministry of Justice and Law (the "Ministry"), as they may be used or intended, directly or indirectly, in the extraction, transformation, and refining of illicit drugs. Among these controlled substances and chemical products are Diesel, gasoline, sulfuric acid, sodium carbonate, among others.

The activities with controlled substances that are subject to control are: storage, purchase, consumption, distribution, importation, and production. Therefore, anyone intending to engage in any of these activities with a controlled substance or chemical product must obtain the corresponding authorizations from the Ministry and comply with all obligations of the subjects of control as set forth in the Resolution, as well as Decree 585 of 2018.

In the case of mixtures containing at least one controlled substance or chemical product, the Resolution establishes that anyone intending to engage in any of the controlled activities with such mixture must request a technical concept from the Ministry to determine whether the mixture is subject to control or not.

Regarding this matter, on February 23, 2024, the Ministry issued circular MJD-CIR24-0000017-GCSQ-30320, by means of which stipulated that if the sum of the weight percentages (w/w) of all controlled substances present in a mixture does not exceed 5% of the total, the mixture will not be subject to control. This means that the interested party will not need to request the technical concept from the Ministry or obtain the Certificate of Lack of Reports on Drug Trafficking - CCITE, for its handling. This exception will not apply to dilutions in water of any controlled substance and/or chemical product as well as all mixtures containing hydrochloric acid, sulfuric acid, acetic anhydride, or potassium permanganate, in any quantity. 

Finally, regarding the importation of controlled products or substances or their mixtures, Decree 925 of 2013 provides that the interested party must request an import registration from the Ministry of Commerce, Industry, and Tourism. This request must be submitted through the Single Foreign Trade Window ("VUCE") and must be accompanied by the Ministry's approval for the respective importation.

However, on March 21, 2024, the Ministry issued circular MJD-CIR24-0000020-SCF-30320, by means of which established that controlled substances or products or their mixtures used in the sectors of (i) fragrances and flavors; (ii) human medicinal products; and (iii) human food, are complex formulations, difficult to separate, and with low percentages of controlled chemical products. Therefore, they represent a low risk of diversion for illicit drug production, and as such, they will not require the Ministry's approval through VUCE for import registration. This is without prejudice to special requests that may require the mentioned approval due to their nature.

For more information on these circulars, please refer to the following links:

CIRCULAR No MJD-CIR24-0000017-GCSQ-30320 
CIRCULAR No MJD-CIR24-0000020-SCF-30320 

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