Law 2250 of 2022

Country / jurisdiction: Colombia · Year: 2022 · Status: In force · Level: National · Type: Voluntary

Law 2250 of 2022 establishes a special framework for the legalisation and formalisation of the traditional mining sector in Colombia. The law defines the sector and outlines a pathway to its protection, integration and participation in the formal economy through legal and financial instruments. Additional provisions are established for the sector regarding environmental standards and due diligence across the supply chain.

Under Article 2, traditional mining is defined as those activities carried out by natural or legal persons or groups that exploit state-owned mines without a title registered in the National Mining Registry and a minimum presence in a mining exploitation area of at least 10 years from the promulgation of the law.

In accordance with Article 4 , such persons are required to file an application to begin the legalisation and formalisation process under the Comprehensive Mining Management System. Upon filing, traditional miners will be exempt from criminal charges for unauthorised mining under the Permament Directive 2014 of the Ministry of Defense.

Article 8 of the law creates the Mine Development Fund, a special fund for mining development under the Ministry of Mines and Energy which will provide economic resources, financial and technical assistance, research and business development strategies to the legal mining industry and to subsistence and small or medium sized miners in the process of formalisation. The Mine Development Fund may receive, administer, contract, manage and allocate national and international resources for the financing of mining activities, independently, in coordination or in association with companies and public or private entities. At least 60% of the Fund's resources must be allocated to small-scale mining operations.

Article 17 sets requirements for the purchase, sale and export of gold, silver, platinum, tantalum, tin or tungsten. The traders of these minerals must apply the due diligence guidelines of supply or origin established by the Ministry of Mines and Energy and must submit annual reports regarding due diligence.

Article 20 makes provisions for productive alternatives for small scale and subsistence miners who, for social or economic reasons, cannot continue their operations. The Ministry of Mines and Energy will co-operate with other public entities to provide re-training processes and the promotion of micro-enterprises and family businesses for economic development.

Official source: https://www.suin-juriscol.gov.co/viewDocument.asp?ruta=Leyes/30044431