In a move consistent with the position of President Petro’s government with the War in Gaza, the Colombian Ministry of Commerce, Industry and Tourism has published a decree prohibiting coal exports to Israel. This measure, detailed in the 2024 Decree, andestablishes a specific restriction on Coal and Briquettes (Coal) classified under tariff subheading 2701.12.00.10.
The initial article of the decree prohibits exports of Colombian coal to Israel. This prohibition is part of the provisional measures orders issued by the International Court of Justice in the context of the case on the application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel).
However, the decree establishes specific exceptions to this prohibition. It will not apply to:
- Goods that, before the entry into force of the decree, already have a Shipping Authorization Request accepted by the DIAN, or a Goods Movement Form authorized by the operator user.
- Authorized International Marketing Companies that have issued andl Certificate to the Supplier before the entry into force of the decree.
- Legal transactions perfected until April 30, 2024, that generate a legitimate expectation or a consolidated legal situation for the exporter.
To benefit from the exceptions, exporters must follow a specific procedure. The presentation of supporting documents, such as contracts, invoices, order or purchase orders, before the Ministry of Commerce, Industry and Tourism. Verification by the Ministry, the National Mining Agency and the DIAN, who will evaluate the existence of the legitimate expectation or consolidated legal situation. The notification by the Ministry to the exporter about the recognition of the perfected legal transactions. The use of said recognition as mandatory support for the Boarding Authorization Request.
The decree will come into force five calendar days after its publication in the Official Gazette and will remain in force until the provisional measures ordered by the International Court of Justice are fully complied with.
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