After just over two months (June 8) of announcing that would suspend the export of coal to Israel, Due to the military offensive of the Jewish State in the Gaza Strip, this Sunday, August 17, it was announced the official decree confirming President Gustavo Petro’s decision.
This is decree 1047 of August 14, 2024, “which establishes a ban on coal exports to Israel“The document was signed by President Petro and the Ministers of Foreign Affairs, Finance and Commerce, and the Vice Minister of Mines and Energy.
(See: Brazilian productivity displaces Colombian livestock exports).
The decree has four articles. The first explicitly speaks of the prohibition of exports: “Exports to the State of Israel of thermal coal (coal), classified under tariff subheading 2701.12.00.10, are prohibited.“.
The second article explains the restrictions of the decision and the cases in which the export ban will not apply, which are three:
1. The goods which, prior to the entry into force of this decree, are covered by a Request for Authorization to Ship duly submitted and accepted by the Dian, or by a Merchandise Movement Form duly authorized by the operator user.
2. International Marketing Companiesl authorized entities that, prior to the entry into force of this decree, had issued the Certificate to the Supplier.
3. Perfected legal transactions until the entry into force of this decree, which generate a consolidated legal situation or a legitimate expectation.
(See: Colombian agricultural exports to the US have grown by 78% since the signing of the FTA).
Gustavo Petro
Article 3 talks about the mechanisms “to prove legitimate expectations or consolidated legal status” and explains that “For the purposes of the provisions of numeral 3 of article 2 of this decree, the following procedure will be carried out prior to the presentation of the Boarding Authorization Request:“:
1. Presentation and reception. The documents that prove the circumstances referred to in numeral 3 of article 2 must be filed by the exporter with the Ministry of Commerce, Industry and Tourism. In this sense, and in order to prove said legitimate expectation or consolidated legal situation and to obtain an export authorization, the interested party must present a copy of the contracts, invoices, purchase orders or similar or homologous documents that demonstrate the legal transactions completed until April 30, 2024.
(See: Colombia ‘pulled the rug out from under’ China in exporting 17 products to the US).
2. Verification by the competent authorities. The Ministry of Commerce, Industry and Tourism, the National Mining Agency and the Dian will verify, among other aspects, the existence of legitimate expectations or consolidated legal situation with a view to authorizing the export in accordance with the regulations that the Ministry of Commerce, Industry and Tourism issues for such purposes.
3. Evaluation and recognition. The Ministry of Commerce, Industry and Tourism, based on the verification provided for in the previous section, will notify the exporter whether or not legal transactions completed up to April 30, 2024 are recognized.
4. Export. The recognition of the legitimate expectation or consolidated legal situation issued by the Ministry of Commerce, Industry and Tourism, acts as a mandatory supporting document for the presentation and acceptance of the Boarding Authorization Request, in accordance with the provisions of article 177 of Decree 1165 of 2019.
Finally, Article 4 of the decree explains that The measure will come into effect after five calendar days, “counted from the day following the date of its publication in the Official Journal,” and will remain in force until the orders of provisional measures issued by the International Court of Justice are complied with in the process of “Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)“.
(See: Exports fell 2.9% in the first half of the year due to lower fuel sales).
Once the decree was known, President Petro commented on his social network account X that “Colombian coal is used to make bombs to kill Palestinian children“.
Colombia’s relationship with Israel in recent months
On June 8, Petro reported on social media that “Coal exports to Israel until it stops genocide“, referring to the conflict in the Gaza Strip.
Petro, who has already described as “genocida” to the government of Prime Minister Benjamin Netanyahu, and in May the severance of relations with Israel. It also halted purchases of Israeli weapons.
(See: In two years of government, goals in agriculture and trade show opposite figures).
PORTFOLIO
