The National Mining Agency published Resolution 614 of December 22, 2020, by means of which it establishes the criteria for evaluating economic capacity, the conditions for the modification of applications for mining proposals with differential requirements for small-scale miners and beneficiaries of the return of areas and set forth the terms of reference for the submission of the technical annex to such proposals (the "Resolution"). 

The Resolution is built upon Article 2.2.5.4.1.2.1 of Decree 1378 of 2020, which sets the need to establish the differential criteria to determine the economic capacity of the small-scale miners and the beneficiaries of the return of areas, the estimated investment, as well as to adopt the terms of reference of the Minimum Exploration Program and the labor and environmental suitability, for the granting of these concession contracts. 

Thus, the Resolution states, among other things, that

• The submission of documents and studies corresponding to exploration, construction and assembly and exploitation activities must be endorsed by professional geologists, mining engineers and/or licensed geological engineers, as the case may be, in accordance with the provisions governing these professions.
• Titles can commence in exploration stage or in exploration stage with  early exploitation. Different requirements are set for each situation.

In case of concession contracts that start in the exploration stage, the economic capacity will be measured against the investment to be made by the applicant, in accordance with the provisions of the mining authority in the Minimum Differential Exploration Program. 

And, in the case of concession contracts that starts in the exploration stage with early exploitation, the economic capacity will be measured against the investment to be made by the applicant within the first three (3) years of anticipated exploitation. 

• The applicants of mining proposals, mining legalizations and/or Special Reserve Areas that wish to change their modality of request for the one of mining proposals with differential requirements must fulfill certain conditions established in the Resolution, among others: (i) that the application is submitted within the second month following the entry into operation of the module for presentation of proposals for concession contracts with differential requirements; (ii) that the applicant complies with the requirements for small scale mining set forth in article 2.2.5.4.1.1.3 of Decree 1073 of 2015; (iii) that no substantive decision has been issued in the initial process; and (iv) that the area initially requested does not exceed one hundred (100) hectares.

The Resolution also establishes that the module for the filing of mining proposals with differential requirements will be available on February 28, 2021, and instructions will be provided on the National Mining Agency's website. 

For more information on the individuals or companies that can apply for mining proposals with differential requirements, please visit the following link: https://bu.com.co/es/noticias/criterios-diferenciales-para-pequena-mineria 

To see the Resolution, please go to the following link: https://www.anm.gov.co/sites/default/files/resolucion-614-del-22-diciembre-2020.pdf