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August 26, 2024
2024-1602

Colombia prohibits coal exports to Israel

The Colombian Ministry of Commerce, Industry, and Tourism has issued Decree 1047 of 2024, imposing an immediate prohibition on coal exports to Israel.

With coal representing more than 90% of Colombia's exports to Israel, a significant economic impact is anticipated.

The established restriction will not apply with regard to:

  1. Goods that, before the decree's entry into force, are covered by (i) a Shipping Authorization Application duly submitted to and accepted by the Customs Authority or (ii) a Goods Movement Form duly authorized by the operator user of a Free Trade Zone
  2. International Trading Companies that, prior to the decree's entry into force, had issued a Certificate to the Supplier
  3. Legal transactions concluded before the decree's entry into force that support a consolidated legal situation1 or a legitimate expectation

The decree establishes a registry for those affected by the prohibition, allowing parties to demonstrate consolidated legal situations or legitimate expectations. The goal is to balance compliance with international obligations and the protection of private economic interests.

The measure includes a transitional period and will remain in force until Israel complies with certain interim measures of the International Court of Justice. Companies involved in the coal trade with Israel should take note of this prohibition and adjust their operations accordingly.

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Endnote

1 The concept of "consolidated legal situation" has been developed in Colombia by the Constitutional Court, which defines the concept as "a fully defined state of affairs in terms of its legal characteristics and effects, even if these effects have not yet ceased." The key difference between this concept and a mere expectation is that, in the former, there is certainty that the effects of the state of affairs in question will occur (if they have not already).

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Contact Information

For additional information concerning this Alert, please contact:

Ernst & Young S.A.S. Bogota

Published by NTD’s Tax Technical Knowledge Services group; Carolyn Wright, legal editor
 
 

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