On January 10, 2025, the Applicable Guidelines for the Control of the Export of Minerals (the “Guidelines”) by the Agency for Mining Control and Regulation (the “ARCOM”) were published in the Official Register, without prejudice to the requirements set forth in the “Regulations for the Control of Exports of Minerals” (the “Regulations”). The purpose of the Guidelines is to establish the additional requirements for obtaining the mineral export certificate for holders of mining rights. The most relevant aspects of the Guidelines are the following:
- Holders of mining rights must register their corporate and tax domicile with the Internal Revenue Service (the “SRI”) and must keep it updated. (Art. 5)
- At the time of applying for the export certificate, holders of mining rights must present the RUC certificate in force on the date of the application. If this changes, it must be informed to the ARCOM. (Art. 5)
- The information on the price, grades and quantity of the main and secondary mineral marketed must be detailed in the sales invoice in accordance with the details provided for in the Regulations and the resolutions of the SRI applicable to the mining sector. (art. 6)
- Through the computer system or the means determined by ARCOM (and annexes 1, 2 and 3 of the Guidelines), the details of the production certificate (art. 7) with an electronic signature by the holder of the mining rights, his legal representative or his representative (art. 8) must be filed.
- Laboratories and/or inspection bodies accredited by ARCOM must submit, through the computer system or the means determined by it, the detail of the Inspection Records (according to annexes 4, 5 and 6 of the Guidelines) (art. 9) with an electronic signature (art. 10).
- For the authorization of export of samples with no commercial value (whose customs value does not exceed 1 RBU and does not weigh more than 30 kg of concentrate or 2 200 kg of cores, rocks, sediments, etc.) for laboratory analysis, market studies, scientific and academic research, the respective “Export Certificate” is required by the Technical Director of Mining Audit and Economic Control, in accordance with the requirements of the Guidelines (Art. 13)
- It is possible to have 1 export per month and a maximum of 12 exports of samples with no commercial value per year. (art. 11) If samples with no commercial value exceed the value and weight limits, a report justifying the need for export must be submitted. (art. 12)
The general and transitional provisions provide as follows:
- As of the signing of the Guidelines, ARCOM will request from the SRI a monthly report on the update of the tax address of the holders of mining rights who are registered as exporters and sellers. (First General Provision).
- Export certificates will be valid for 30 days (fourth general provision).
- ARCOM will request the holders of mining rights to update the RUC, which must be notified for registration to the District Directorates at the Decentralized Level within 10 days, counted from the signing of the Guidelines.
For more information, please do not hesitate to contact us.
This bulletin contains a summary of legal developments of interest, and therefore cannot be considered as provided advice. If you have any questions, please contact the AVL Abogados team.
