Marketers of Minerals: Single Registry of Marketers of Minerals ("RUCOM")
by Brigard & Urrutia
The Law 1450 of 2011 by means of which it was issued the National Development Plan for the period 2011-2014 provided in its article 112 the creation of a Single Registry of Marketers of Minerals ("RUCOM" by its acronyms in Spanish), which is managed by the National Mining Agency ("ANM" by its acronyms in Spanish) in order to control the marketing of minerals in Colombia. The RUCOM was created pursuant to Decree 2637 of December 17, 2012, as amended by the Decree 0705 of April 12, 2013 and Decree 35 of January 13, 2014.
The RUCOM, which has been in operation since the January 12, 2014, through an online platform implemented by the ANM provides information on the agents authorized to market and sell minerals, as well as the titleholders of said minerals. The purpose of the RUCOM is to offer transparency and control to the marketing activity of minerals in Colombia.
In accordance with regulations in force, the following persons must enroll in RUCOM:
Titleholders of mining rights that are in phase of exploitation having the required environmental authorization or licenses.
Marketers of minerals, i.e. any individual or legal entity performing, on a regular basis, the purchase and sale of minerals to transform, process, distribute, commercialize, export or consume them.
Manufacturers of jewelry using precious minerals as raw material.
It is important to note that the individuals or legal entities marketing manufactured products for jewelry and occasional users of minerals do not have the obligation to enroll in the RUCOM.
Once submitted the application for registration in the online platform of RUCOM accompanied by the information legally required, the ANM will evaluate and validate said information with the Colombian Confederation of Chambers of Commerce ("CONFECĂMARAS" by its acronyms in Spanish) and with the National Directorate of Taxes and Customs ("DIAN" by its acronyms in Spanish). If it is appropriate, the ANM shall issue the corresponding within the following three (3) months.
As of January 1, 2015, the authorities may proceed to the seizure of the minerals that are marketed without compliance with the registry with RUCOM.
Should you have any question or require assistance in this matter, please do not hesitate to contact us.