The Ministry of Mines and Energy published Decree 2234 of 2023, which adds a new section to the Decree 1073 of 2015 (“DUR”), with the purpose of regulating the procedures to determine the origin and traceability of minerals, record mining transactions, and implement necessary control tools.
This addition is made to regulate and control mining activity in Colombia, ensuring the lawful origin of minerals to prevent informal production and commercialization of minerals, and simultaneously promoting transparent transactions in the mineral supply chain in Colombia.
Among the provisions added to the DUR, we highlight the following:
- An online registration of mineral commercialization transactions is established as a traceability mechanism for operations, in order to validate their lawful origin and control their commercialization. This registration will be carried out through a technological platform designated by the mining authority.
- To determine the lawful origin of traded minerals, differential requirements are established considering the condition of those who commercialize, as follows:
- For beneficiaries of formalization mechanisms and mining titleholders in the exploitation stage: The mining authority will verify the production volumes declared by producers trough a system that will be implemented to verify the installed capacity of all mining production units.
Additionally, the authority will consult the information available in existing instruments such as Anna Mineria or equivalent platforms, validated work and development programs, environmental instruments, the Unique Registry of Mineral Traders (“RUCOM”), mining supervision tools, origin certificates, production control systems, online transaction records, production declaration forms, royalty payment records, as well as the Basic Mining Format.
- For subsistence mining: Authorized traders must validate that minerals come from subsistence activities through the RUCOM and the production declaration certificate. Additionally, a technological platform will be structured for traceability and to carry out the corresponding verifications.
- The mining authority is instructed to implement mechanisms to ensure the origin and traceability of minerals, for which it must:
- Integrate internal information systems.
- Implement tools to verify and control the production volumes of Authorized Mining producers.
- Establish parameters to validate the identity of said producers.
- Create tools to identify the quantity of commercialized minerals and the actors involved in the commercialization chain.
- Ensure the proper functioning of the online commercial transaction recording system.
- Allow interoperability and information exchange with other entities related to control and surveillance in the mining chain.
- The mining authority must strengthen collaborations with control and surveillance entities in mining activity to exchange information. This will be done through the following alternatives:
- Allowing the Ministry of Mines and Energy and other relevant entities to access to the platform.
- Ensuring that the platform complies with legal standards of transparency and access to information.
- Guaranteeing the reliability and updating of information.
- Implementing measures for information security.
- Having the necessary technical tools and infrastructure for information exchange.
- Conducting proper advertising and dissemination of the system to the involved actors in the mining chain.
- The mining authority will coordinate with the Colombian tax authority (“DIAN”) to obtain lists of artisanal miners with suspension or cancellation of the Unique Tax Registry.
This information will be sent to the local mayor's office to verify the renewal of the artisanal miner's registration on the Genesis platform and in the RUCOM. If DIAN suspends individuals or legal entities engaged in mineral exports, the mining authority will suspend their listing in the RUCOM.
Finally, when the mining authority detects excesses in the permitted production volumes in the RUCOM, it will suspend listing in the registry and notify DIAN to take the corresponding measures within its scope.
- Mining producers who are not obligated to issue invoices may request from the mineral trader a document supporting purchases made from individuals who are also not obliged to provide invoices, provided that this document is validated by DIAN according to the regulations established in Resolution 42 of 2020 and other related norms.
To learn more about Decree 2234 of 2023 follow the link.