On June 10, 2025, the Organic Law of National Solidarity was published in the Supplement to the Official Register number 56, which introduces relevant provisions for the mining sector, with implications for corporate organization, security and the criminal framework applicable to illicit activities. The highlights are summarized below:
- Restriction on S.A.S. for mining activities
A new article is incorporated into the Companies Law, establishing that simplified joint-stock companies (S.A.S.) may not carry out mining activities or activities linked to strategic sectors[1].
- Expanding the concept of military objectives
“Military objectives” are presumed to be those assets in which illegal activities such as illegal mining are carried out. This provision “authorizes law enforcement to use force legitimately” in such contexts, within the internal armed conflict[2].
- Mining crimes as related crimes in the internal armed conflict
Provisions of the Comprehensive Organic Criminal Code are amended to include crimes related to illegal mining as crimes related to the internal armed conflict[3]. Consequently, illegal mining offenses will be the competence of the specialized criminal court judges created under a reform to the Organic Code of the Judiciary[4].
These provisions reinforce the legal framework of state control over illegal mining activities and restrict the type of company allowed for legal operations in the sector.
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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.
[1] Eighth Reformatory Provision, Organic Law of National Solidarity.
[2] Article 13, Organic Law of National Solidarity.
[3] Second Reformatory Provision – Numeral 4, Organic Law of National Solidarity.
[4] Fifth Reformatory Provision, Organic Law of National Solidarity.
