G/LIC/Q/COL/3  
6 May 2014  
(14-2780)  Page: 1/2  
Committee on Import Licensing  Original: Spanish  
 
  IMPORT LICENSING SY STEM OF COLOMBIA 
REPLIES OF COLOMBIA TO THE QUES TIONS FROM THE UNITED STATES 
The following communication, dated 11 April 2014, is being circulated at the request 
of the delegation of Colombia. 
 
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 Colombia thanks the United States for its ques tions and wishes to make the following reply. 
 
The goods classified in the tariff lines indicated in Article 1 of Decree 2261 of 2012 
(8429.11.00.00, 8429.19.00.00, 8429.51.00.00, 8429.52.00.00, 8429.59.00.00, 8431.41.00.00, 8431.42.00.00 and 8905.10.00.00) are subject to no n-automatic licensing regardless of whether 
they are new or used. These licences are approved  only if the use or destination of the goods 
to be imported is explicitly indicated and the importer can show that he has an import authorization, which is issued by the Directorate of Taxes and National Customs after checking 
that specific requirements have been fulfilled. 
 It should be mentioned that the authorities ar e currently reviewing the content of Decree 2261. 
The Government of Colombia will notify any changes that are made in good time in accordance 
with its undertakings under the Agreement on Import Licensing Procedures. 
 Does Colombia intend to include a discu ssion of Decree 2261 in its Article 7.3 
notification, which is due 30 September 20 14? While this decree was not mentioned 
in Colombia's 2013 Annual 7.3 Questionnaire response, we would like to see the Decree referenced in Colombia's response to the upcoming Article 7.3 Questionnaire? 
 
Colombia wishes to point out that the basis for the updating of the 2013 annual questionnaire is Decree 925 of 9 May 2013 "establishing provisions governing applications for registration and import licences". This Decree was notified under the symbol G/LIC/N/3/COL/3. 
 
Decree 925 of 2013 includes in its Annex 1 the tariff lines that fell within the non-automatic licensing ("prior licensing") regime for the machinery covered by Decree 2261 of 2012. 
 
On the procedural side, we wish to stress that Articles 17, 19 and 25 of Decree 925 refer to the requirements, permits or authorizations that must be obtained by applicants 
for the corresponding licence so that the competent authority can analyse and decide whether 
to approve or refuse them. The questionnaire does not contain a specific question that would have given rise to mentioning the authorization required at the time of submitting a licence application in order to import the heavy machinery used in mining, as provided for in Article 2 of Decree 2261. 
 
Lastly, Colombia wishes to repeat that the measure in question is currently being reviewed.  
The United States would like to understand how Colombia justifies the use 
of non-automatic import licenses to seek to  solve its concerns regarding illegal mining, 
in light of the provision(s) of the Import Licensing Agreement. Are there measures that 
could effectively address this problem, othe r than border measures that can restrict 
legitimate trade? Has Colombia cons idered any alternative approaches? 
 G/LIC/Q/COL/3 
- 2 - 
  The Government of Colombia issued Decree 2261 of 2013 in order to take targeted short-term 
action to regulate, register and control imports of machinery used in mining as well as additional measures for the prevention and control of illegal mining and related activities. However, it is important to mention that for Colombia the problem of illegal mining is not confined 
to the scope of Decree 2261, nor is this its sole ef fort to combat a problem that results in factors 
such as a serious threat to the environment and the serious threat to national security owing 
to the development of the underground economy that finances criminal and terrorist activities. 
 
On the contrary, this problem is being addressed comprehensively in the Andean region itself, as is clearly reflected by Decision 774 of 30 July 2012 of the Andean Council of Ministers of Foreign Affairs, "Andean Policy to combat illegal mining". This policy is aimed at optimizing the control 
and monitoring of the importation, exportation, transport, processing, marketing and any other 
type of transaction, within the Andean region and with other countries, of mineral ores and their products coming from illegal mining, as well as the machinery, equipment, inputs 
and hydrocarbons that can be used in illegal mining, inter alia . 
 Pursuant to that Decision, member countries undertook to strengthen control and traceability 
mechanisms for machinery, hydrocarbons, equipment and inputs used in mining as well as mining 
end products. It also urged them to adopt legislative, administrative and operational measures needed to ensure the prevention and control of  illegal mining, in particular for the purpose 
of controlling and supervising the importation, exportation, transport, distribution and sale 
of machinery, parts and accessories, equipment and chemical inputs and hydrocarbons that 
can be used in illegal mining.  
Are there domestic producers of the goods covered by Decree 2261? If so, are those 
domestic producers subject to measures  intended to prevent illegal mining? 
 
Colombia confirms that there is no domestic production of the goods covered by Decree 2261, 
and that for most of the tariff subheadings involved the current applied tariff is 0%, precisely because they are capital goods that are not manufactured in Colombia. The controls established under Decree 2261 are not aimed at protecting domestic industry. 
 
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