Colombian Government legal measures during COVID-19

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April 15, 2020
One of the most important decisions was the declaration of the Economic, Social and Ecological Emergency through the Decree 417 of 2020, which allows the government to issue decrees with the force of a law.

Also the Decree 457 ordered preventive isolation from 0:00 a.m. on Wednesday, March 25th until, the recently extended date, April 26. This Decree limits the free movement of people and vehicles, and suspends domestic air transport. It also brings a list of 34 activities exceptions that can be carried out and indicates that cargo transport, storage and logistics for import and export cargo must be guaranteed.

 

Different rules have also been issued to guarantee the functioning of the Government through the use of technology. Presidential Directive 02 and specifically Decree 491 of 2020 adopts emergency measures to guarantee care and the provision of services by the public authorities. In order to avoid contact between people and promote social distancing, the authorities will ensure that they provide services in their charge through the modality of home office. The authorities will announce on their website the official communication and information channels through which they will provide their service. The activities that are strictly necessary to prevent, mitigate and attend the health emergency due to COVID-19, and those that guarantee the operation of the State may not suspend the provision of services in person.

 

Labor regulations have been issued as well. The Decree 488 of 2020 establishes that workers who have presented a decrease in their income may withdraw their unemployment aid. For granting vacations employers may notify employee one day in advance, likewise the employee may also request the vacation one day in advance. Employers are prohibited to force employees to take unpaid leave.

 

In regard to the Colombian Chemical Industry, in accordance with the Decree 410 of 2020, the imports of some healthcare product will have 0% tariff. Within these goods, we can find oxygen, wadding, gauze, medical gloves, garments, among others. A total of 18 tariff subheadings were deducted.

 

Moreover, restrictions were placed on exports and reexports of healthcare products, at least 20 tariff subheadings are prohibited since they are considered essential products for health care in Colombia. However, there are exceptions according to Resolution 445 and Memorandum 061 of DIAN, these regulations establishes the possibility of continuing with international trade operations when:

 

i) the product that is the object of the foreign trade operation is not on Annex 1 of Resolution 445, regardless of whether it appears in the list of Decree 462 of 2020.

 

ii) the product is in any of the exceptions of Resolution 445:Trade operations that are carried out under Special Import-Export Systems; the goods that, at the time of the entry into force of Decree 462 2020, have entered the port, airport, or authorized warehouse, destined for export; the goods that, at the time of the entry into force of Decree 462 of 2020, were being transported destined for export; the operations corresponding to consolidated legal situations, which derive from legal businesses that had been held prior to the entry into force of Decree 462 2020; the exporter has obtained the authorization of products that do not compromise the supply for the internal market, by the Foreign Trade Directorate of the Ministry of Trade, Industry and Tourism.

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