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Regulations to promote the use of green and blue hydrogen in Colombia were adopted
Through Decree 1476 of 2022, issued by the Ministry of Mines and Energy, rules were adopted to establish the mechanisms, conditions, and incentives to promote local development, innovation, research, production, storage, transportation, distribution and use of hydrogen, whose destination is the provision of public electricity service, energy storage, and decarbonization of sectors such as transportation, gas, hydrocarbons, mining and industry.
This regulation is part of the process of energy transition and dynamization of energy market, within the framework of provisions of Law 2099 of 2021, which seeks, among others, the economic reactivation of the country, and the strengthening of public utilities of electricity and fuel gas. Finally, the decree empowers the use of exploratory regulatory mechanisms for innovative business models, through sandbox projects.
Modifications to the rules of collective investment funds
By means of Decree 1387 of 2022, the Ministry of Finance and Public Credit modified the regulation on the minimum amount of participations in Collective Investment Funds and authorized the participation of certain entities in the capital of national or international parent companies resulting from the integration of stock exchanges. From now on, the active collective investment funds must have a minimum equity defined in the respective regulation, which may not be less than the equivalent of thirty-nine thousand five hundred (39,500) Tax Value Units (“UVT”).
On the other hand, the Superintendence of Finance was empowered to grant a term of sixty (60) days, extendable for thirthy (30) adittional days, to the fund management company, in the events in which there is a reduction of the minimum equity due to extraordinary, unforeseen, or unforeseeable market circumstances, to remedy such events.
New agreement of the ANH1 for the administration of contracts
By means of Agreement 5 of 2022, the National Hydrocarbons Agency (hereinafter, "ANH") delivered guidelines for the administration of contracts for hydrocarbon exploration and production activities, which includes technical evaluation contracts, hydrocarbon exploration and exploitation contracts, hydrocarbon agreements, and other contracts or agreements whose purpose is the exploration and production of hydrocarbons. Such guidelines are applicable to management, execution, termination, liquidation, and supervision of the contracts entered into with the ANH for the aforementioned activities.
1 Spanish Acronym for National Hydrocarbons Agency
This is how the registry of non-paying child support debtors will operate
The Ministry of Information, Technologies and Communications, (hereinafter, "MinTic2"), issued Decree 1310 of 2022, which regulates the operation of the registry of non-paying child support debtors (Spanish Acronym - REDAM). This registry was created through Law 2097 of 2021 as a mechanism to guarantee the compliance of child-support obligations, in it, the data of people who owe at least three maintenance installments will be registered.
The consequences of the inscription in the registry include the inability to contract with the State, and/or the impossibility to hold public and popularly elected positions until the obligations are fulfilled, the impediment to leave the country and to carry out migratory procedures before the colombian migration authorities, and the referral to credit, financial and commercial risk centers. Additionally, a REDAM certificate will be required to dispose of movable or immovable property subject to registration, applying for loans or renewals before banking or financing entities.
The regulation also defines the persons and entities that may consult the databases, the procedure for the provision of information, the time of permanence of the information, the responsibilities and duties of the operator and of the source of information, the exclusion of authorization of the data owner, and the special rules for the treatment of such data.
2 Spanish Acronym for Ministry of information, technologies and communications.
The registry of hematopoietic progenitor cell (CPH) donors is created.
The President of the Republic sanctioned Law 2253 of 2022, by means of which the Official National Public Registry of Hematopoietic Progenitor Cell Donors (RNDCPH) is created, whose main objective is to facilitate the search for donors of this type of cells and their connection with recipient patients who require them. The RNDCPH must be created within 2 years, will be operated by the National Institute of Health (INS), and must have measures to guarantee the confidentiality of donor and recipient information in each phase.
Additionally, it will be articulated with the National Registry of Donors, with the other existing registries in the country and with international registries of the same nature, with the purpose of allowing the exchange of information, management of donations, transportation of biologicals, authorization procedures and other necessary formalities for the international donation process.