Considering the issuance of Resolution No. 6185 of 2020, which revoked Resolutions 471 and 4985 of 2020, ANI reminded that the infrastructure projects are being reactivated in the middle of the health emergency declared by the Ministry of Health and Social Protection for COVID-19.
Therefore, considering the effects of the COVID-19 pandemic in the performance of the contracts for the development of infrastructure, including the measures taken by the National Government through Legislative Decrees and the measures taken by ANI, new rules have been established by ANI for the procedure of precontractual and contractual requests submitted by Originators, Concessionaires and Auditors regarding COVID-19.
Then, ANI set forth that any document that has a cause or origin the adoption of contractual measures to mitigate the effects of the COVID-19 pandemic (including the measures taken by ANI and the National Government), such as minutes, amendments, transaction agreements, Liability Exclusion Events, etc., that are generated in relation with a contract entered into with ANI or in relation to an structuring process of a private or public initiative PPP, must have the approval of the ANI’s Legal Vice-Presidency prior to its execution.
All of the above without prejudice to the corresponding procedures that the document must undertake in the different ANI committees before its execution.