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Construction Materials

Descripción de alcance del subsector

¿Qué es el subsector Materiales de Construcción?

El sector de Materiales de Construcción incluye operaciones de fabricación de materiales e insumos para el sector de la construcción. Algunos de los materiales necesarios para esta actividad son: cemento, yeso, cal, vidrio, caucho y plástico, herramientas, productos metálicos, de cerámica, piedra, barro y otros.

Descripción del trámite y procedimientos administrativos

¿Por qué invertir en el subsector de Materiales de Construcción?

Colombia en la actualidad tiene una amplia red empresarial para la fabricación de materiales de construcción, con aproximadamente 28 mil empresas. Así mismo, tiene la participación de empresas minoristas y mayoristas que están en la capacidad de abastecer el mercado local e internacional. El país cuenta con una oferta de materiales de construcción diversificada, donde se destacan productos como: hierro y acero, cemento, productos metálicos, vidrio, productos de cerámica y madera, entre otros.

Existe un potencial de crecimiento en el subsector de materiales de construcción debido al incremento de las actividades de construcción para los proyectos de obra residencial y no residencial. Estos dos tipos de construcción representan el 50% del valor del subsector.

Por otro lado, es importante destacar que en el país existe una alta demanda de materiales de construcción gracias al desarrollo de proyectos de infraestructura. En la actualidad Colombia se encuentra desarrollando proyectos férreos, aeropuertos y proyectos viales.

Se proyecta que para el año 2023, el sector de la construcción crecerá un 9%, “se iniciará la construcción de 189.000 nuevas viviendas, de la cuales 133.000 serán Vivienda de Interés Social” y, por tanto, se ratifica como uno se los subsectores más importantes en el desarrollo social y económico del país.

Administrative steps

1 - Apply for an atmospheric emission permit for stationary sources

If your company's activity is going to generate atmospheric emissions above the levels stipulated by law, you must obtain a permit from the corresponding CAR (Regional Autonomous Corporation), so that a person or company can carry out air emissions within the permissible limits established in the environmental regulations.

Requirements

What do I need to apply for a permit?

1. Complete the Single National Fixed Source Air Emissions Permit Form

2. Deliver the certificate of existence and legal representation for legal persons, issued within the month immediately before the submission of the application, and a photocopy of the identification document in case of being natural persons.

3. Present the duly granted Power of Attorney, when acting by proxy.

4. Prove the certificate of freedom and tradition issued within the month immediately preceding the submission of the application; or document proving the possession or possession of the applicant, or presenting the lease, accommodate if applicable.

5. It must have the concept of land use of the establishment, work, or activity, issued by the competent municipal or district authority, or failing that, the public or official documents containing rules and plans, or official publications, which support and prove the compatibility between the activity or projected work and the permitted use of the land.

6. Basic weather information of the area affected by emissions.

7. Make a description of the works you execute or will execute:

a. Location of the facilities, the area, or the work.

b. Description of the works, processes, and activities of production, maintenance, treatment, storage, or disposal that generate the emissions and plans that these descriptions require.

c. Flowchart with indication and characterization of the emission points to the air, location, and quantity of the points of discharge to the air.

d. Description and drawings of ducts, chimneys, or scattered fountains, and an indication of their materials, measurements, and technical characteristics.

e. Projected date of commencement of activities, or projected dates of commencement and completion of works, works, or activities, in the case of transitional emissions.

f. Technical information on planned or current production, expansion projects, and five (5) year production projections.

8. Carry out the technical study to evaluate the emissions of your combustion or production processes; Information on the consumption of combustible raw materials or other materials used shall also be attached.

9. Deliver the design of existing or projected air emission control systems, their location, and engineering report.

10. Carry out the technical study of dispersion as information in projects for oil refineries, cement factories, chemical and petrochemical plants, steel mills, controlled open burns in agro-industrial activities, and thermoelectric plants.

11. Submit the IE-1 Emission Status Report, which applies to cement, steel, refineries, and thermoelectric plants.

Steps

What are the steps to follow once I have all the documents?

1. Gather the above documents

2. File the documents

3. Verify and notify regarding the procedure initiation order before the competent authority.

4. Submit additional information, if required.

5. Make the payment for the evaluation.

6. Receive the visit of the representative of the CAR (Regional Autonomous Corporation).

Virtuality

Where can I go?

Acquire information on how to manage some steps virtually through the Integrated Window for Environmental Procedures VITAL and the Regional Autonomous Corporations (CAR).

Costs

What is the cost of this procedure?

The cost is established in Resolution 1140 of June 1, 2022 "By which the rates for the collection of evaluation and monitoring services of licenses, permits, concessions, authorizations and other instruments of environmental control and management are fixed.

Time

How long does this procedure take?

85 business days

Regulations

What regulations must I comply with?

Agreement 23 of 2009 (Article 2 numeral 14 and articles 4, 13-15.)

Decree 2811 of 1974 (Article 73 - 76)

Law 99 of 1993 (Article 31)

Law 633 of 2000 (Article 96)

Law 962 of 2005 (Article 25)

Decree 1076 of 2015 (compiles Decree 948 of 1995) (Art. 2.2.5.1.7.1) (Regulatory Decree)

Decree 1076 of 2015 (compiles Decree 948 of 1995) (Art. 2.2.5.1.7.2) (Regulatory Decree)

Decree 1076 of 2015 (compiles Decree 948 of 1995) (Art. 2.2.5.1.7.9) (Regulatory Decree)

Resolution 619 of 1997 of the Ministry of Environment (Art. 1) (Administrative Act)

Resolution 1280 of 2010 (Article 1)

Resolution 2202 of 2006 (All)

Resolution 909 of 2008 (All)

2 - Apply for a groundwater exploration prospecting permit

This permit allows you to obtain the right to explore land for groundwater and its use.

Requirements

What do I need to apply for a permit?

1. You need a National Single Application Permit Form for Groundwater Prospecting and Exploration. Download the format.

2. Submit the map of the Agustín Codazzi Geographical Institute IGAC, (entity in charge of producing the official map and the basic cartography of Colombia), at scale 1: 10,000 indicating the location of the property and well.

3. Submit the technical document: in original form, including the information required in the National Single Application Permit Form for Prospecting and Exploration.

4. If acting through a legal representative, submit 1 copy of the general power of attorney or 1 original of the special power of attorney.

5. In case of not being the owner of the property, submit 1 copy of the appropriate proof of possession or tenancy of the property.

6. In case of being a holder of the property, present 1 original copy of the authorization of the owner or possessor of the property.

Steps

What are the steps to follow once I have all the documents?

1. Gather the documents and comply with the necessary requirements for the procedure.

2. File the documentation

3. Communicate and/or notify regarding the procedure initiation order.

4. Submit additional information, if required.

5. Make the payment for the evaluation.

6. Receive the visit

Virtuality

Where can I go?

It is possible to initiate, follow up and finalize the process online, through the Environmental Procedures Integral Window Online - VITAL (if applicable) and also before the Regional Autonomous Corporations (CAR). However, please note that a technical visit will be made.

Costs

What is the cost of this procedure?

The cost of the procedure will depend on the appraisal and/or liquidation, taking into account that the appraisal and/or follow-up rate, in accordance with the provisions of Article 96 of Law 633 of 2000, includes fees, travel expenses, travel expenses, and analysis and studies required by the Corporation to respond to the request.

Time

How long does this procedure take?

242 business days

Regulations

What regulations must I comply with?

Agreement 10 of 1989 (Articles 62-64)

Agreement 23 of 2009 (Article 2 numeral 4 and articles 4, 13 to 15.)

Decree 2811 of 1974 (Articles 51, 54, 56, 57, 149-154)

Single Regulatory Decree 1076 of 2015 (Book 2, Part 2, Title 3, Chapter 2, Section 16, Articles 2.2.3.2.16.4 - 2.2.3.2.16.12)

Law 633 of 2000 (Article 96)

Law 99 of 1993 (Articles 31, 66)

Resolution 1280 of 2010 (Articles 1-2)

Resolution 2202 of 2006 (All)

3 - Apply for a groundwater concesion

This procedure allows you to obtain the right to use or exploit groundwater, both on your own and other people's properties. Particularly.

Requirements

What do I need to apply for a permit?

1. Complete the Single National Groundwater Concession Application Form. Download the format

2. Present the document with information on the systems for the collection, derivation, conduction, restitution of surpluses, distribution, and drainage in original (s), as well as the document with the additional annotations on the investments, amount of these, and terms in which they are to be made.

3. Submit the final design of the well:1 Photocopy.

4. In case of acting through a legal representatitve:1 Copy(s) (general power of attorney), 1 Original copy(s) (special power of attorney)

5. In case of not being the owner of the property, suitable proof of possession or tenure of the property:1 Photocopy(s)

6. In case of being a holder of the property - authorization of the owner or holder of the property:1 Original copy(s)

7. For the provision of public services, census of users of the source from which the water concession is sought:1 Photocopy(s), and document indicating the details of the works:1 Original copy(s).

8. For machine cooling, description report of the washing operations:1 Original copy(s) and exact data on the quantity of water needed to cool the machines:1 Photocopy(s).

9. For energy use, complete project feasibility study:1 Original copy(s)

10. For industrial use, feasibility study of the industrial project:1 Original copy(s)

11. For mining and petroleum use, feasibility study of the industrial project:1 Original copy(s)

Steps

What are the steps to follow once I have all the documents?

1. Gather the documents

2. File the documentation

3. Communicate and/or notify regarding the procedure initiation order.

4. Submit additional information, if required.

5. Make the payment for the evaluation.

6. Receive the visit where the conditions of the water source, the beneficiary property, and other information provided by the applicant will be verified, under current environmental regulations.

Virtuality

Where can I go?

Costs

What is the cost of this procedure?

Time

How long does this procedure take?

Between 50 and 130 business days

Regulations

What regulations must I comply with?

Decree 2811 of 1974, (Articles 59 – 63, 68, and 151)

Single Regulatory Decree 1076 of 2015 (Book 2, Part 2, Title 3, Chapter 2, Section 10, Last-digit(s) 1, 10 11, 12, 13,14,15,16,17,18, 19, 2, 20, 3, 4, 5, 6, 7, 8,9, 21,)

Law 99 of 1993, (Title I, VI, VII, and VIII)

Law 633 of 2000, (Article 96)

Law 962 of 2005, (Article 25)

Resolution 2202 of 2006, (All)

Resolution 1280 of 2010, (Article 1)

Decree 1575 of 2007, (Article 28)

Single regulatory decree 1976 of 2015.

4 - Apply for a surface water concession

This procedure allows you to obtain the right to use or exploit public waters for: domestic supply, irrigation and forestry, watering places, industrial, thermal generation of electricity, mining and mineral processing, oil exploitation; injection for geothermal generation, hydroelectric generation, direct kinetic generation, aquaculture and fishing, recreation and sports, medicinal uses, and other mineral uses.

Requirements

What do I need to apply for a surface water concession?

1. Complete the Single National Surface Water Concession Request Form. Download the format

2. Present the document with information on the systems for the collection, derivation, conduction, restitution of surpluses, distribution, and drainage: 1 Original (s), as well as the document with the additional annotations on the investments, amount of these and term in which they are to be made.

3. In case of acting through a legal representatitve:1 Copy(s) (general power of attorney), 1 Original copy(s) (special power of attorney)

4. In case of not being the owner of the property, suitable proof of possession or tenure of the property:1 Photocopy(s)

5. For the provision of public services, census of users of the source from which it is intended to obtain the water concession:1 Photocopy(s), Additionally, the extension and number of properties or inhabitants that are projected to benefit, the term within which the service will be given and the regulations of this must be indicated.

6. For machine cooling, description report of the washing operations:1 Original copy(s) and exact data on the quantity of water needed to cool the machines:1 Photocopy(s).

7. For energy use, complete project feasibility study:1 Original copy(s)

8. For industrial use, feasibility study of the industrial project:1 Original copy(s)

9. For mining and petroleum use, feasibility study of the industrial project:1 Original copy(s)

Steps

What are the steps to follow once I have all the documents?

1. Gather the documents

2. File the documentation

3. Communicate and/or notify regarding the procedure initiation order.

4. Submit additional information, if required.

5. Make the payment for the evaluation.

6. Receive the visit Where the conditions of the water source, the beneficiary property, and other information provided by the applicant will be verified, under current environmental regulations.

Virtuality

Where can I go?

Costs

What is the cost of this procedure?

Time

How long does this procedure take?

Minimum 50 days - Maximum 130 business days

Regulations

What regulations must I comply with?

Decree 2811 of 1974, (Article 50-63, 77 - 163)

Decree 1575 of 2007, (Article 28)

Law 99 of 1993, (Title I, VI, VII, and VIII)

Law 633 of 2000, (Article 96)

Law 962 of 2005, (Article 25)

Law 99 of 1993 (Title I, VI, VII, and VIII)

Resolution 2202 of 2006, (All)

Resolution 1280 of 2010, (Article 1)

Single regulatory decree 1076 of 2015

5 - Apply for a permit to occupy watercourses, beaches and riverbeds.

This procedure corresponds to the permanent or transitory authorization for the construction of works that occupy the bed of a stream or water reservoir. It shall be required when the company's project requires works, requires discharges or crossings on beaches, riverbeds or beds.

Requirements

What do I need to apply for a permit?

1. Complete the Single National Application Form for the Occupation of Watercourses, Beaches and Beds. Download the format

2. Submit the location plan of the water source in the area of influence: 1 Photocopy(s)

3. Submit the plans and structural and hydraulic calculation reports of the necessary works for the collection, control, conduction, storage or use of the watercourse: 1 Photocopy(s)

4. In case of acting through a legal representatitve:1 Copy(s) (general power of attorney), 1 Original copy(s) (special power of attorney)

5. In case of being a holder of the property - authorization of the owner or holder of the property:1 Original copy(s)

Steps

What are the steps to follow once I have all the documents?

1. Gather the documents described in the requirements.

2. File the documentation

3. Communicate and/or notify regarding the procedure initiation order.

4. Submit additional information, if required.

5. Make the payment for the evaluation.

6. Receive the technical visit where it will be verified that the work or construction is occupying the channel that was requested.

Virtuality

Where can I go?

Costs

What is the cost of this procedure?

Time

How long does this procedure take?

The total time range to complete this procedure is a minimum of 150 days and a maximum of 360 calendar days.

Regulations

What regulations must I comply with?

Law 99 of 1993, (Articles 31, 66)

Agreement 10 of 1989, (Articles 107-111)

Agreement 23 of 2009, (Article 2 numeral 9 and articles 4, 13-15.)

Resolution 2202 of 2006, (All)

Law 633 of 2000, (Article 96)

Decree 1541 of 1978, (Articles 87 - 97, 104 - 106, and 183 - 204)

Decree 2811 of 1974, (Articles 102 - 105 and 119 - 145)

Single Regulatory Decree 1076 of 2015 (Book 2, Part 2, Title 3, Chapter 2, Section 12, Article 2.2.3.2.12.1 - 2.2.3.2.12.1.3; Book 2, Part 2, Title 3, Chapter 2, Section 19, Articles 2.2.3.2.19.1 - 2.2.3.2.19.17)

Resolution 1280 of 2010, (Articles 1 - 2)

Resolution 1280 of 2010 (Articles 1 - 2)

6 - Apply for a waste water permit

This permit is requested to discharge wastewater into surface water sources, or into the soil associated with permeable rocky ground beneath the surface.

Requirements

What do I need to apply for a permit?

1. Complete the Single National Application Form for Water Waste Permit. Download the format

2. Submit the technical document (1) original copy(s), containing: the location, description of the system operation, technical memorandums and conceptual and basic engineering designs.

3. Submit the plan identifying the origin, quantity and geo-referenced location of the discharges to the water body or to the ground: 1 Photocopy(s)

4. Present the characterization of the original discharge (1)

5. Present the land use certificate: 1 Original copy(s)

6. Perform the environmental assessment of the discharge

7. Submit the Risk Management Plan for Discharge Management: 1 Original copy(s)

8. In case of acting through a legal representatitve:1 Copy(s) (general power of attorney), 1 Original copy(s) (special power of attorney)

9. In case of not being the owner of the property, suitable proof of possession or tenure of the property:1 Photocopy(s)

10. In case of being a holder of the property - authorization of the owner or holder of the property:1 Original copy(s)

Steps

What are the steps to follow once I have all the documents?

1. Gather the documents

2. File the documentation

3. Communicate and/or notify regarding the procedure initiation order.

4. Submit additional information, if required.

5. Make the payment for the evaluation.

6. Receive the visit

Virtuality

Where can I go?

Costs

What is the cost of this procedure?

Time

How long does this procedure take?

The minimum time will be 96 days and the maximum 240 business days

Regulations

What regulations must I comply with?

Decree 2811 of 1974, (Articles 5, 134 numeral e, 336)

Resolution 1514 of 2012, (Articles 1 - 6)

Resolution 1280 of 2010, (Articles 1 - 2)

Resolution 2202 of 2006, (Articles 1 - 5)

Resolution 631 of 2015, (All)

Agreement 23 of 2009, (Article 2 numeral 7 and article 4, 13-15)

Law 633 of 2000, (Article 96)

Decree 50 of 2018, (9,10)

Law 1955 of 2019, (Article 13)

Law 99 of 1993, (Articles 31 numeral 9, 66)

Single regulatory decree 1076 of 2015.

7 - Register in the Renewable Natural Resources Use Information System

The objective of this registry is to obtain standardized information on the use, exploitation, or affectation of renewable natural resources by the activities of the manufacturing sector.

Requirements

What do I need to apply for registration?

You need to complete the application for registration in the Single Environmental Registry

Steps

What are the steps to follow once I have all the documents?

1. Download and fill out Annex 2 of Resolution 1023 of 2010,

2. File the annex with the competent environmental authority where the establishment is located (CAR).

3. The Authority will have 15 working days to notify the user and password.

4. Enter and report, either through the IDEAM web portal or the Environmental Authority.

Note: Establishments with an environmental license or environmental management plan issued by the National Environmental Licensing Authority (ANLA) must apply for registration with ANLA.

Virtuality

Where can I go?

The interested party can register online through the Integral Window of Environmental Procedures Online - VITAL

Costs

What is the cost of this procedure?

No cost

Time

How long does this procedure take?

21 working days

Regulations

What regulations must I comply with?

Law 99 of 1993 (Article 5) (Ordinary Law)

Decree 2041 of 2014 (Article 48)

Resolution 1023 of 2010 of the Ministry of Environment (Article 3 and Article 4) (Administrative Act)

Resolution 941 of 2009

8 - Register in the hazardous waste generators registry.

If the activity to be developed in the country as a person or company generates waste or hazardous waste greater than 10,000 kilograms per month, you must register and obtain the registration of generators of waste or hazardous waste - RESPEL

This register will contribute to improving the knowledge of the problems associated with this type of waste, to plan the most appropriate management of them, and establish actions that contribute to the solution of this problem.

Requirements

What do I need to register?

Make the application for registration in the Hazardous Waste Generators Registry - RESPEL: 1 Original copy(s), before the competent environmental authority of the region where the operation is installed (CAR)

Steps

What steps must I follow?

1. Gather the documents and comply with the requirements for the process.

2. File the required documentation

Virtuality

Where can I go?

The interested party can register online, on the page of the Regional Autonomous Corporation CAR

Costs

What is the cost of this procedure?

No cost

Time

How long does this procedure take?

15 working days

Regulations

What regulations must I comply with?

Law 99 of 1993, (Article 31)

Law 1252 of 2008, (All)

Resolution 043 of 2007, (All)

Resolution 1280 of 2010, (Articles 1 – 7, annex 1 and 2)

Agreement 23 of 2009, (Article 2 numeral 20 and articles 4, 13-15.)

Sole Regulatory Decree 1076 of 2015. Articles: 2.2.6.1.6.2

9 - Request the subtraction feasibility assessment

The lifting of the legal figure of forest reserve must be obtained for an area defined for the development of economic activities declared by law as of public utility or social interest that involve the removal of forests or change in the use of soils or any other activity other than the rational use of forests.

Requirements

What do I need to request for the abduction feasibility assessment?

1. Submit a copy of the Identification Document

2. Submit an application document containing the following information:

· Name or business name

· Identification number

· Domicile and nationality

· Address

· Contact telephone number

· Email.

3. Submit the certificate issued by the Ministry of the Interior indicating the following additional entries:

· The presence or absence of ethnic communities

· The origin of prior consultation.

4. In case of acting under a proxy, the power of attorney must be present.

5. If applicable, have the oil association contract or the mining title that is granted and register in the National Mining Registry.

6. If applicable, present the original of the Act of protocolization of the prior consultation, also verify that it contains the additional annotations: Under Law 21 of 1991 and other regulations governing the matter.

7. If you are a legal entity, present the Certificate of existence and legal representation.

Steps

What steps to follow to obtain the subtraction feasibility assessment?

1. Gather the documents and meet the requirements for the process

2. File the documentation

3. Be Notified of the response

Virtuality

Where can I go?

You can obtain information and manage some steps virtually through the Integral Window of Environmental Procedures VITAL, however, the filing of the documents must be done face-to-face or by certified mail.

Costs

What is the cost of this procedure?

No cost

Time

How long does this process take?

85 business days

Note: The time to obtain the authorization may be longer when it is necessary to request more information or make technical visits.

Regulations

What regulations must I comply with?

Law 02 of 1959, (All)

Resolution 293 of 1998, (All)

Resolution 629 of 2012, (All)

Resolution 1526 of 2012, (All)

Resolution 763 of 2004, (All)

Resolution 871 of 2006, (All)

Resolution 1917 of 2011, (All)

Decree 2372 of 2010, (All)

Decree 2811 of 1974, (Article 210)

Decree 111 of 1959, (All)

Resolution 168 of 2013, (All)

Resolution 590 of 2018, (All)

10 - Request approval for the import and/or export of ozone depleting substances (ODS).

If you are going to import and/or export substances that damage the ozone layer, you must obtain approval from the Ministry of Environment and Sustainable Development - MADS.

Requirements

What do I need to apply for a permit?

1. Complete the required form.

2. Report the import or export components and specifications.

Steps

What are the steps to follow once I have all the documents?

1. Enter the Foreign Trade Single Window (VUCE). This is a practical tool where you can make your authorization requests.

2. File the documents

3. Wait for the approval response

Virtuality

Where can I go?

You can carry out this procedure before the Ministry of Environment and Sustainable Development (MINAMBIENTE), you can also obtain information and manage some steps virtually. Some procedures can be carried out at the Foreign Trade Single Window (VUCE).

Costs

What is the cost of this procedure?

No cost

Time

How long does this procedure take?

5 working days

Regulations

What regulations must I comply with?

Law 2811 of 1974.

Decree 1608 of 1979

Decree 1791 of 1996

Decree 1909 of 2000.

Resolution 1367 of 2000.

Decree 309 of 2000.

Resolution 454 of 2001.

Decree 1375 of 2013.

Decree 1376 of 2013.

Resolution 324 of 2015.

Circular 024 of 2016. ANNEX No. 05.

Decree 3573 of 2011.

Decree 0925 of 2013.

Decree 1076 of 2015.

Decree 2153 of 2016

Decree-Law 2106 of 2019.

Circular 018 of 2020. MINCIT.

11 - Request the anti-narcotics deficiency certificate (CCITE Certificate of Lack of Drug Trafficking Reports)

This is a document that certifies the absence of reports from national and international authorities for conduct related to drug trafficking and related crimes. Likewise, it authorizes natural or legal persons the handling controlled substances and/or chemical products.

Requirements

What do I need to get the certificate?

1. Have the Tax Identification Number NIT

2. Submit the documents of the legal representative and shareholders

3. Submit the documents of the principal and alternate board members, and of the partners who own a percentage equal to or greater than 20% of the share capital.

4. When the partners or legal representatives are legal persons, the Tax Identification Number (NIT) must be indicated or the document proving the existence and legal representation issued by the competent authority, with an issue date not exceeding three (3) months, must be provided.

5. If necessary, present a copy of the identity documents of your principal and alternate legal representative(s).

6. Present the Peace and save the payment of the procedure

7. Present the technical concept by the Ministry of Justice

Steps

What steps to follow?

1. Comply with the documentation and requirements previously listed.

2. Depending on each case, additional steps apply that must be followed:

a. For storage activities: explain what is the storage methodology, infrastructure, and equipment with its technical specifications, as well as the capacity documents of the equipment, list of potential customers, and quantities of substances and/or chemicals to be stored.

b. For buyer activities: Present the purchasing plan, purchase logistics, list of suppliers, and commercial presentation to acquire the substance and/or chemical.

c. For consumption activities: detail the quantities of controlled substances and/or chemical products used for each production process carried out or for each final product obtained.

d. For distribution activities: Detail the analysis of the demand and supply of the product, the distribution channels, the list of suppliers, the list of competitors and the list of potential customers with contact information, and the quantities of substances and chemical products to be delivered periodically to each of them.

e. For import activities: Describe each of the controlled substances or chemicals, as well as all the details of the import process.

f. For production activities: make a detailed description of the stages of the production process, the duration of each process, the number of monthly processes, the quantities to be obtained from controlled substances and/or chemicals, the technical specifications, and the photographic record of the equipment to be used.

3. Submit the application through the SICOQ Chemicals Control Information System platform

4. Make the corresponding payment

Virtuality

Where can I go?

You can obtain information and manage some steps virtually, however, you will get a notification in-person of the response. For more information, you can consult the Ministry of Justice (MINJUSTICIA)

Costs

What is the cost of this procedure?

Cost for natural persons with gross equity, legal persons with paid-up capital, or commercial establishments with related assets exceeding fifty (50) legal monthly minimum wages in force (SMMLV) is:

COP 541,937

Cost for natural persons with gross wealth, legal persons with paid-up capital, or commercial establishments with related assets for less than fifty (50) legal monthly minimum wages in force (SMMLV) is:

COP 361,038

Note: For more information contact the offices of the Sub directorate of Control and Control of Chemical and Narcotic Substances of the Ministry of Justice and Law

Time

How long does this process take?

60 business days

Regulations

What regulations must I comply with?

Resolution 0004 of 2020, (All articles)

Decree Law 2272 of 1991, (Articles 4, 5, and 7)

Decree 585 of 2018, (All Articles)

Decree 1069 of 2015, (Articles 2.2.2.1.5.1, 2.2.2.1.5.2, 2.2.2.1.6.4, 2.2.2.1.6.5)

Decree 1427 of 2017, (Article 23)

Decree 1073 of 2015, (Article 2.2.1.1.2.2.1.4)

Decree 2897 of 2011, (Article 20)

Law 812 of 2003, (Article 61)

Law 527 of 1999, (Articles 12,28,30)

Decree Law 019 of 2012, (Article 81)

Resolution 0008 of 2015, (All)

Law 30 of 1986, (All Articles)

Resolution 0001 of 2015, (Chapter 1: Article 2 Paragraph 1 and Article 4, Chapter 3: Article 12 - Paragraph 3)

Circular 001 of 2019, (All articles)

Resolution 002 of 2018, (All articles)

Circular 162 of 2021, (All Articles)

12 - Request the review of the fire protection system

Through this procedure you can obtain a technical concept on the fire protection system and human safety conditions.

Requirements

What do I need to apply for a fire protection system review?

1. Have the certificate of existence and legal representation

2. Payment of the ICA Tax (Industry and Commerce Tax)

Steps

What are the steps to follow once I have all the documents?

File the documents before the Official Fire Department, in order to request the review visit of the fire protection system.

Virtuality

Where can I go?

This procedure will be done in person at the Regional Fire Department. You can also obtain information about the process on the web or by telephone.

Costs

What is the cost of this procedure?

The price is determined according to the risk and area of the establishment according to the table mentioned in Resolution 0231 of 2021

Time

How long does this procedure take?

45 working days

Regulations

What regulations must I comply with?

Resolution 0231 of 2021, (All)

Resolution 0661 of 2014, (Article 203)

Law 1575 of 2012, (Article 42)

Law 1801 of 2016, (Article 2)

13 - Register your trademark with the Superintendence of Industry and Commerce

The purpose of this procedure is to register the company's trademark with the Superintendence of Industry and Commerce in Colombia (SIC).

Requirements

What do I need to apply for Trademark Registration?

1. Know what a trademark is and what you can register as a trademark in the Superintendence of Industry and Commerce

2. Consult the trademark history: Before applying you can consult about trademark history to know if there are similar or identical trademarks registered or in process, which hinder the registration of your trademark and prevent it from being denied because it has previously been registered by a third party. See more information through SIPI.

3. Classify the goods and/or services that will distinguish the mark and classify them according to the International Classification of Nice.

Note: The Nice International Classification is a classification of goods and services that applies to the registration of marks.

4. Apply electronically or physically through the SIPI Virtual Office of Industrial Property or at the Service Points.

5. Follow up on the procedure, remember that you must comply with a series of formal filing requirements, deadlines for the different procedures, publication in the official gazette, payment of fees, etc. You can find out about the current legal regulations (Decision 486 of 2000 and Single Circular of the Superintendence of Industry and Commerce, Title X) and follow up on the process, to avoid non-compliance with the established deadlines.

Stages of the registration of a trademark

STAGES	TERM
1. Submission of the application	Not Applicable
2. The application is admissible and assigned the filing date	Not Applicable
3. Formal examination	Not Applicable
3.1. If there is a formal error, the SIC issues a request, and a period is granted to correct it.	60 business days following notification.
4. The SIC orders the publication of the application in the Industrial Property Gazette	Not Applicable
5. A period is granted for interested third parties to oppose the application for registration.	30 business days following the date of publication.
6. An additional period of time is granted (if requested) to submit evidence to support the opposition.	30 business days after the deadline for oppositions.
7. The applicant is given a period of time to answer the opposition.	30 business days following notification of the opposition.
8. An additional period of time is granted (if requested) to submit evidence to support the opposition response.	30 business days after the deadline for oppositions.
9. The SIC carries out the substantive examination of the application and the opposition(s) – if applicable.	Not Applicable
10. Filing of the appeal against the decision of the SIC.	10 business days from the day following notification of the decision1.

Steps

What are the steps to follow once I have all the documents for the Trademark Registration?

1. Gather the required documentation

2. Make the payment

3. File the application

4. Attend the request for the formal review process of the documents attached with the application and the correction of the same, if necessary.

5. Take into account the response of oppositions (such oppositions are filed by whoever has a legitimate interest in invalidating the trademark registration, due to possible risk of confusion or association).

Virtuality

Where can I go?

You can initiate, follow up, pay and finalize the process by obtaining the documents through the website of the Superintendence of Industry and Commerce.

Costs

What is the cost of this procedure?

COP $ 1.626.500

Based on branded pricing rates that are updated annually and can be paid online or in person.

Time

How long does this procedure take?

Between 180 and 210 days

Note: Depending on whether the first instance decision is appealed or not, the time to obtain can vary between 12 and 18 months.

Regulations

What regulations must I comply with?

Decree 1074 of 2015, (Article 2.2.2.19.5.1)

International Standard 486 of 2000 (Articles 1 to 13, 134 to 189, 237)

Decree 4886 of 2011, (Article 18,19)

Circular 1 of 2001, (Title I, Chapter Six, 6.2 and Title X Chapter One, Chapter Three and Chapter Six)

Resolution 63360 of 2021, (Total)

14 - Apply for authorization of business integrations

This authorization will enable the investor to acquire control of one or several companies, to acquire control of one company in another existing company, or to create a new company in order to jointly develop activities.

The Colombian competition regime provides that business mergers or concentrations that meet certain conditions must be reported to the Superintendence of Industry and Commerce (SIC), which is the national competition protection authority.

The term business integration is broad and includes mergers, acquisitions, consolidations, joint ventures or other types of agreements or transactions whereby one company acquires control over another and competition in the market ceases, through the consolidation of two market players into one.

When the parties have a joint participation of less than 20% in the relevant market, the integration operation is understood to be automatically authorized by law. However, in any case it must be notified to the SIC before it is carried out, and the SIC reserves the right to review the factual assumptions taken into account by the parties.

When the parties have a joint participation of more than 20% in the relevant market, the transaction must be approved by the SIC in order to be carried out.

Requirements

What do I need to apply for business integration?

Business integrations must be reported to the SIC when the following assumptions are met:

1. Subjective assumption: The companies involved in the operation are engaged in the same economic activity (horizontal integration); or the companies involved in the operation are part of the same value chain (vertical integration).

2. Objective assumption: That the companies that comply with any of the subjective assumptions have had, jointly or individually, operating income exceeding 60,000 monthly legal minimum wages in the year immediately before the operation; or that the companies that comply with any of the subjective assumptions have had total assets, jointly or individually, higher or 60,000 monthly legal minimum wages in force, in the year, immediately preceding the operation.

3. Notification document

4. In case of having an approved power of attorney, please submit the powers of attorney and certificates of existence and legal representation of all the intervening companies.

Steps

What steps must I follow to apply for the integration of companies?

1. Gather the required documentation (pre-evaluation application and additional information if required).

2. Make the payment

3. File the application with the Superintendence of Industry and Commerce.

Virtuality

Where can I go?

You can initiate, follow up and finalize the procedure and/or service online through the website of the Superintendence of Industry and Commerce (SIC).

Costs

What is the cost of this procedure?

To submit a notification: COP 2,767,000.

To submit a pre-evaluation request: COP 14,998,000

If the SIC determines that the transaction presents competitive concerns, it is necessary to initiate Phase 2, which depending on the operating income or total assets of the parties that are in the process of integration, must assume higher rates ranging from COP 27,630,000 to COP 39,480,000.

Time

How long does this procedure take?

150 calendar days

Regulations

What regulations must I comply with?

Resolution 2751 of 2021

Resolution 77896 of 2020

Resolution 916 of 2022

Law 2010 of 2019, (Article 152)

Ley 1340 de 2009, (I, II, IV, V)

Decree Law 019 of 2012, (Articles 2, 156, 157)

Law 1437 of 2011, (1 to 31; articles 34, 35, 36, 39, 40, 41, 45, 56, 61, 62, 63, 64, 74 to 81, 84 to 89, and 91 to 97)

Decree 4886 of 2011, (Article 1, 3, 9)

Circular 1, 2018, (Chapter Second, Title VII)

Resolution 83304 of 2021

Decree 092 of 2022

15 - Register producers, importers and suppliers subject to the technical regulations supervised by the Superintendence of Industry and Commerce

Producers and importers of products (goods or services) subject to compliance with technical regulations whose control and surveillance corresponds to the Superintendence of Industry and Commerce must register in this procedure.

Requirements

What do I need to apply for the Register of Producers and/or Importers?

Complete the registration form for producers, importers and suppliers subject to technical regulations before the Superintendence of Industry and Commerce.

Steps

What are the steps to follow once I have all the documents?

1. Gather the required documentation

2. File the application

Virtuality

Where can I go?

You can start the process, follow up and finalize it online through the website of the Superintendence of Industry and Commerce SIC with the option of registration of producers and importers.

Costs

What is the cost of this procedure?

No cost

Time

How long does this procedure take?

>1 working day

Regulations

¿Qué normatividad debo cumplir?

Ley 1480 de 2011 (Art. 17) (Ley ordinaria)

Ley 1480 de 2011 (Art. 46, numeral 3) (Ley ordinaria)

Ley 1480 de 2011 (Art. 53) (Ley ordinaria)

Decreto 1595 de 2015 (Art. 2.2.1.7.15.6) (Decreto Reglamentario)

Circular 1 de 2001 de la Superintendencia de Industria y Comercio, Título IV (Numeral 1.1) (Acto Administrativo)

16 - Apply for your patent at the Superintendence of Industry and Commerce.

As an investor you can obtain the Grant of a patent title by inventing a technical solution that brings benefit to mankind. Therefore, you could exclusively exploit this invention for a certain period of time.

Requirements

What do I need to apply for a Patent?

1. A form which is called a petition in the case of physical filing. In the case of online filing through SIPI (Virtual Intellectual Property Office), the user registers and enters the required information.

2. Summary.

3. Description of the invention.

4. The claims corresponding to the work specifications of the patent.

5. Figures or examples.

6. Proof of payment of the established rate (which changes every year).

7. If filing through an attorney, the power granted to the attorney must be submitted. The power of attorney does not require personal presentation, authentication or legalization and may be granted by means of a private document.

8. If the application is made by a company, it is not necessary to provide the certificate of existence and legal representation of the applicant legal entity. The SIC may consult the public records of the Certificates of Existence and Representation of the Chamber of Commerce.

9. Copy of the assignment contract or the contract under which the assignment is presumed when the applicant is not the inventor, for example: contract for the provision of services or work.

Steps

What are the steps to follow once I have all the documents?

1. Gather the required documentation

2. Make the payment

3. File the application

4. Attend the request for the formal review process of the documents attached with the application and the correction of the same, if necessary.

5. Take into account the response of oppositions

Virtuality

Where can I go?

You can initiate, follow up and finalize the procedure and/or service online through the website of the Superintendence of Industry and Commerce (SIC).

Costs

What is the cost of this procedure?

$1.363.000 COP

Note: PATENT-OF-INVENTION FEES - NATIONAL ONLINE APPLICATIONS

Time

How long does this procedure take?

The processing time will depend on the type of patent required to be obtained and can be between 24 and 36 months.

Regulations

What regulations must I comply with?

Resolution 59669 of 2020

Circular 1 of 2022, (Titles I and X)

Decree 1074 of 2015, (Section 1, 2,7, and 8 Chapter 19)

Decree 4886 of 2011, (Article 20)

International Standard 486 of 2000 (Articles 3 to 80, 163, 237 to 240, 271, 279, 280)

Resolution 63360 of 2021, (general)

17 - Register the industrial design

An Industrial Design Registry can protect the particular appearance of a product resulting from any meeting of lines or combination of colors, or from any two-dimensional or three-dimensional external shape, line, contour, configuration, texture, or material, without changing the purpose of said product, which is novel, that is, that the product is universally new, So it hasn't been released to the public.

Requirements

What do I need to apply for Industrial Design Registration?

Complete the form PI02-F02 - REGISTRATION OF INDUSTRIAL DESIGN that you can obtain at any of the authorized points of the SIC

2. Download the payment receipt for the corresponding amount to the SIC.

3. Drawings of the design (7 in total, divided as follows: six views, one for each side and one perspective). The design figures must not indicate measurements, sections or technical functions.

4. If the design is requested by a person other than the designer or by a company, an assignment of rights from the designer to the person or company requesting the design must be attached, in addition to the documents already mentioned.

5. If the applicant company or person is represented by an attorney in order to follow the procedure, a power given to the attorney must also be attached. The power of attorney does not require personal presentation, authentication or legalization and may be granted by means of a private document.

Steps

What are the steps to follow once I have all the documents?

1. Gather the required documentation

2. Make the payment

3. File the application

Virtuality

Where can I go?

This procedure can be carried out before the Superintendence of Industry and Commerce SIC, online. Please follow up and finalize the whole process.

Costs

What is the cost of this procedure?

$702.000.00 COP

Note: The cost may vary if the application is made online or physically, for more information contact the Superintendence of Industry and Commerce. (SIC)

Time

How long does this procedure take?

210 calendar days

Regulations

What regulations must I comply with?

Decree 4886 of 2011, (Article 20, numeral 8)

Decree 1074 of 2015, (Chapter 19)

Circulars 1 of 2001 (Titles I and X)

International Standard 486 of 2000 (Articles 4 to 11, 113 to 133)

Decree 2591 of 2000, (Articles 1 to 4, 13, 14, 24, 25)

Resolution 63360 of 2021, (general)