FACILITATION OF HUMANITARIAN AIDWashington D.C.

DECEMBER 8 – 9 2010

BACKGROUND OF THE IDRL PROJECT IN COLOMBIA• Nov 2009: Visit of the IDRL Coordinator for the Americas to

Bogotá, in order to present the Working Plan for the IDRL project in Colombia to the Disaster Management authorities.

• December 2009: Workshop on Law of the Disasters: Using and improving the first to address the latter. Legislative Issues Related to Natural Disaster Management, held from 14 to 15 December 2009 in Bogotá, organized jointly by CRC, IFRC and OCHA DGR.

Participants:14 Governmental representatives (Disaster Management

authority, Custom’s, education, Ministry of Foreign Affairs, immigration, National Planning, National Army, etc.

5 representatives of Civil Society (OSSO, CRC, IFRC, Ecuador’s Red Cross

1 representative of INDECI-Peru2 representatives of intergovernmental organization (OCHA)

IDRL PROJECT IN COLOMBIA

PROJECT METHODOLOGY AND EXPECTED RESULTS

IMPORTANCE OF THE IDRL PROJECT IN COLOMBIA

Colombia is a state exposed to different risks of disaster, especially to those related to hydro-meteorological, seismic and volcanic nature.

The National Disaster Prevention and Management System has identified the following risks:

Flooding: natural phenomenon of high occurrence. It affects the 4 regions of the country, 23 of 32 departments and hundreds of municipalities.

Volcanic activity: Colombia has 20 active volcanoes, 6 of them are under permanent surveillance

Wildfires: A phenomenon that has increased recently, affecting protected Areas. Hurricanes: Possibility of occurrence in the Caribbean Region and the islands. Its effects

can be spread to other areas.Earthquakes: high-impact phenomenon. Affects the population and infrastructure.Tsunamis: Both the Caribbean and Pacific Coast are likely to be affected by this

phenomenon.Drought: It generates high-impact environmental problems.Mass movements: Cause serious damage to infrastructure.

Recently, Colombia has demanded the international cooperation aid to cope the flooding, caused by the niña phenomenon

FINDINGS IN THE COLOMBIAN CUSTOMS LAW

Guideline 17. 1

With regard to disaster relief and initial recovery goods and equipment exported or imported by, or on behalf of, assisting States and humanitarian organizations, originating, transit and affected States should:

a. Exempt them from all customs duties, taxes and governmental fees

b. Exempt them from all export, transit, and import restrictions

c. Simplify and minimize documentation requirements for export, transit and import

d. Permit re- exportation of any equipment or unused goods which the assisting stat or humanitarian organization owns and wishes to retain

The Customs Regulations (Decree 2685 of 1999) contains provisions to facilitate the entry of aid to victims of disasters or accidents through the figure called Urgent Delivery:

Article 204: Urgent delivery. The relevant authority may authorize without any prior processing, the urgent delivery to the importer of certain goods entering as aid for victims of disasters or accidents.Article 391: the aid for disaster victims has a preferential treatment and do not need to constitute a guarantee for tax payments

Comment: Note the main verb may. This means that there is a certain discretional power for the customs authority. It is recommended to coordinate in advance with the customs authority to avoid delays.

For urgent deliveries, the DIAN has accepted the presentation of manuscript documents with the information of the goods imported as humanitarian aid.

FINDINGS IN THE COLOMBIAN CUSTOMS LAW

FINDINGS IN THE COLOMBIAN CUSTOMS LAW

FINDINGS IN THE COLOMBIAN CUSTOMS LAW

• According to the authorities surveyed, the Customs Service is provided 24 hours a day, 7 days a week.

• Additionally, Article 6 of Decree 2685 of 1999 sets forth:

"[...] Contingency measures and procedures. The National Department of Taxes and Customs

have procedures to ensure continuous and uninterrupted delivery of Customs and control mechanisms [... ]. "

Guideline 17.2.b.With regard to disaster relief goods and equipment only, originating, transit and affected States should additionally:b. Arrange for inspection and release outside business hours and/or at a place other than a customs office,.

Guideline 23Affected States should endeavour to ensure, when necessary, that State-operated offices and services essential to the timely delivery of international disaster relief function outside of normal business hours.

ENTRY OF GOODS AND SPECIAL EQUIPMENTVEHICLES

The importation of used vehicles is not allowed in the Colombian legislation, due to the article 6 of the Industrial Agreement signed by Ecuador, Venezuela and Colombia on September 16, 1999.

A consistent interpretation of the customs provisions allows us to conclude that emergency vehicles could enter by urgent delivery importation and after 2 months they should apply for the temporary importation modality. The merchandise imported in this modality can only stay in the country for 6 months, extendable by the DIAN.

There is a special provision that allows the importation of used fire engines to Official or voluntary fire Corps Corps donated by public or private foreign entities no older than 20 years and with the approval of the competent authority, after a mechanical revision (Article 37 Law 769 of 2002 of the National Traffic Code with the amendments of the law 1281 of 2009).

TEMPORARY RECOGNITION OF PLATES AND DRIVERS LICENCES

• The National Traffic Code (Act 769 of 2007): Recognize the validity of foreign driving licenses of tourists and persons in transit.

• It also stipulates that foreign vehicles may travel in the territory during the time set by the DIAN and the DAS.

• One might ask what treatment would have a driver's license of a person who enters with a work permit.

Guideline 18

The Affected States should grant temporary recognition to foreign registration and plates with regard to vehicles imported by assisting States and eligible assisting humanitarian organizations or on their behalf in disaster relief and initial recovery assistance.

ENTRY OF TELECOMMUNICATIONS EQUIPMENT

Guideline 18.2 The Affected States should waive

or expedite the granting of any applicable licences and reduce any other barriers to the use, import or export of telecommunications and information technology equipment by assisting States and assisting humanitarian organizations, or on their behalf, in disaster relief and initial recovery assistance.

Colombia is State Party to the Convention on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations, adopted in Tampere, Finland in 1998. Entered into force on July 12, 2008 after the deposit of the accession instrument on June 12, 2008.

Despite the fact that Colombia is State party to this convention, national authorities are not aware of their obligations towards this international instrument. Article 15 of Decree 919 of 1989 provides that the use of systems and the media during a disaster situation, shall be governed by regulations of the Ministry of Information Technology and Telecommunications.

Also, Law 1341, 2009 sets forth that in case of emergency, disaster or public emergency, network providers and telecommunications services should grant access for free to the national authorities.

ENTRY OF DANATED MEDICINES

Guideline 18.3

Originating, transit and affected States should reduce legal and administrative barriers to the exportation, transit, importation and re-exportation of medications and medical equipment by assisting States and eligible assisting humanitarian organizations, or on their behalf, in disaster relief and initial recovery assistance, to the extent consistent with public safety and international law.

Medicine donations are regulated by Decree 919 of 2004.

Medicine donations do not require previous sanitary registration but must meet several requirements and standards sets forth in the aforementioned Decree.

Persons interested in receiving a donation of medicines and medical devices must request prior authorization from INVIMA.For this purpose, the applicant must fill out the appropriate form.INVIMA within a period not exceeding five (5) days shall authorize or reject all or part of the donation.

There are medicines that can only be imported and exported by the National Drugs Fund (Resolution 1478 of 2006 MPS External Circular 60 of 2006 MCIT)Example: Morphine in all its presentations, opium, coca leaf, among others.

ENTRY OF DOGS

• In accordance with Resolution 3382, 2003, there is no quarantine for dogs (canis

familaris) and cats (Felis catus) .

However, the sanitary authority will practice a physical examination and issue a certificate of health inspection.

The dog’s owner must submit an international veterinary certificate attesting that the animal showed no clinical signs of rabies within 48 hours before traveling and current immunization records.

Guideline 18.4 Originating, transit and affected States

should consider whether normal requirements regarding fumigation and prohibitions and restrictions on food imports and exports by assisting States and eligible assisting humanitarian organizations in disaster relief operations can be modified or reduced.

FOOD IMPORTATION

•The requirements for food importation are set forth in Decree 3075 of 1997. •No specific provisions have been found in connection with the donation of food.•Art 55: All food imported into the country will have a prior sanitary authorization issued by the competent authority.

ENTRY OF HUMANITARIAN PERSONNEL

Guideline 16.1

With regard to disaster relief and initial recovery personnel of assisting States and eligible assisting humanitarian organizations, affected States should:

a. Grant visas and any necessary work permits, ideally without cost, renewable within their territory, for the time necessary to carry out disaster relief or initial recovery activities.

Decree 4000 of 2004 provides for the types of visas (for those nationalities that require it) and permits to enter and stay.Depending on the conditions and the application, in accordance with Article 30.7 there’s a temporary visa for volunteers who do not belong to a religious order, for a period of up to 2 years with multiple entries. Likewise Article 30. 1 establishes a temporary work visa.

Section 41.6 has a special temporary Visa for volunteers, NGO members or International organization members who come to the country to develop humanitarian aid ( for up to two years with multiple entries) There is also a form of technical visitor (art. 43) which may be granted for up to 180 days.

TAX EXEMPTIONS

Guideline 21

Affected States should provide exemptions to assisting States and eligible assisting humanitarian organizations from value-added and other taxes or duties directly associated with disaster relief and initial recovery assistance.

Law 788 of 2002 Article 96 provides the exemptions for donations from foreign governments or organizations:

Funds or donations from foreign countries covered by an international agreement are exempt from any tax, fee or contribution.A common utility certificate must be issued from the relevant authority in order to access to this exemptions

Decree 540 of 1994 develops this article

Note that this article applies to donations from foreign governments that are made pursuant to an intergovernmental agreement

LEGAL STRATEGY, HUMANITARIAN DIPLOMACY AND IRDL PROJECT

OBJECTIVES:

1.Achieve legal changes that ratify and consolidate benefits for the Colombian Red Cross2.Implement the IDRL guidelines and recommendations through mandatory regulations 3.Create mechanisms for monitoring, control and standards and legal obligations.4.Ensure that all members of the Colombian Red Cross, know and apply the local, national and international regulations.

EXPECTED RESULTS

1. Include in a bill proposition benefits for Colombian Red Cross Sectionals

2. Consolidate a collection of standards, laws and jurisprudence related to the Red Cross in order to reinforce its benefits.

3. Strengthen relationships with other entities that may help in the Red Cross management

4. Develop a bill to enhance benefits for the National Society and its divisions

LEGAL PLAN

• International arena

• National law

• Legal advice to

sectionals

• Special laws

HUMANITARIAN DIPLOMACY SCHEME

Enhance a safe and secure life

Promote social inclusion, a non violence culture and the peace

Save lives, protect livelihoods and support recuperation processes

PERSONPERSON

FAMILYFAMILYCOMMUNITCOMMUNIT

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Local

National

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