Mining Law
- Due diligence.
- Advice on administrative proceedings before the National Mining Agency, regional offices and the Ministry of Mines and Energy.
- Assistance to the client during adjudication rounds.
- Legal assistance for transfers of mining rights.
- Drafting, negotiation and conclusion of agreements related to the sector.
- Legal advice on transactions related to the financing of infrastructure projects, international bids for acquisitions, settlement of infrastructure projects and negotiations of public concessions and reversals
- Representing of clients in mergers and acquisitions or “joint ventures” in the sector.
- Representation of clients in the selection of contractors and other bidding processes developed by the Colombian government, including structuring of projects, preparation of public tenders and due diligences.
- Assistance in the negotiation and conclusion of supply and transportations contracts.
- Prior consultations.
- Land restitution processes in mining projects.
- Advice on land management (easements, transfer of ownership rights, etc.).
- Advice on regulatory aspects of the Ministry of Mines and Energy.
Ministerial Resolution N° 40064 of 11 February 2022
Ministry of Energy and Mining
Ministerial Resolution N° 40064 of 11 February 2022
Considering that the Ministry of Mines and Energy has the power to encourage and formulate clear and direct policies concerning the mining and energy sector, they may declare different areas from the territory as reserves areas for mining and energy development. These declaratory help to define strategic areas for development activities for a term of 2 years, extendable for the same time and with the purpose of orderly managing renewable resources and the exploitation of fossil fuels ensuring the maximization of the resources. Based on these assessments, the National Mining Agency (ANM) and the National Hydrocarbons Agency have implemented several mechanisms to delimit these areas that can be exploited to explore and subtract hydrocarbons. These areas are known as Land Maps
In addition, Resolution 40064 delimits new areas of the territory for energy and mining development since these lands have a high potential in mining resources. In the same way, the Resolution resolves that, in these areas, there should be no proposals for a mining concession, exploration, and/or mining or hydrocarbon exploitation. These Lands, because of the resolution, are outside the National Mining Agency nor the National Hydrocarbons Agency’s supervision. The procedure states that, before the declaration of reserve areas, it is necessary (i) to coordinate and concurrence a soil analysis and (ii) the prior consultation in case it may need it.
After all the application of these criteria, the studied zone will be declared a reserved area that, later, maybe declared strategic zones for mining and energy development.
Attached is the link that refers to Resolution 40064 which contains the new areas declared strategic by the minister on February 11, 2022:
https://drive.google.com/file/d/1725Z_VZmcpUmmxPbOYdpWlJm8pVp94mj/view?usp=sharing
Ministry of Environment creates environmental mining seal
The Ministry of Environment and sustainable development has just issued Resolution 2210 of 2018, regulating the use of the Colombian environmental seal that seeks to create a differentiation for activities based on the exploitation and /or profit making of precious metals, which present a better environmental performance, encourage the domestic market of these metals, promote good practices in their exchange and provide verifiable information to the consumer, among others.
The seal is of a voluntary nature and is granted by a third party certification body to the products (gold, silver and platinum) obtained from the exploitation or profit making of precious metals. The National Agency of Environmental Licenses (ANLA) will be in charge of accrediting the certification bodies and exercising their surveillance.
The period of use of the seal will be of three years extendable upon compliance with certain requirements. To obtain the seal, a series of requirements must be met, including, among the main ones, that there is no use of mercury, that the solvents used do not affect the ozone layer, that the cyanide management protocols are followed, and that the machinery is not put to work on the riverbeds. In addition, the applicant should carry out investments in restoration or additional recovery and programs related to the environment.
The standard seeks to contribute in this way to the efficient use of renewable natural resources and the protection of health and the environment.
Mining Law 2017
- Título: Mining Law 2017
- Fecha de publicación: 2017
- Descripción de la publicación: The ICLG to: Mining Law covers common issues in mining laws and regulations – including the mechanics of acquisition of rights, foreign ownership and indigenous ownership requirements and restrictions, processing and beneficiation, transfer and encumbrance – in 32 jurisdictions.
- Editorial: GLOBAL LEGAL GROUP
- Autor: Gabriela Mancero
PM Lawyers among the best firms in the corporate sector Colombia
Chambers & Partners has published in its eighth edition, the guide on the legal services market for specialties and ranking of the best law firms in Colombia. This was the publication for Corporartivo / Mergers & Acquisitions where Mancero Peña Lawyers is part the select list this sector.
Band 4 | Peña Mancero Abogados
Basic facts about the department
– 1 partner
– 8 other qualified lawyers
What the team is known for Recognised team advising on corporate transactions involving international clients. Particular focus on foreign investment, spin-offs and M&A.
Strengths (Quotes mainly from clients)
“This is a firm with a very good quality of service that meets our expectations.”
What’s new Gemfields, Socodevi and Talleres Zitrón are among the firm’s new client wins.
Work highlights Representing Socodevi in the establishment of its Colombian branch and providing ongoing advice regarding its local operation.
Notable practitioners
Clients describe Gabriela Mancero as “very well-versed, particularly in joint ventures in the mining sector.” They add, “she is commercially savvy and provides succinct advice.”
Significant clients Office Depot, Neustar, Wildlife Conservation Society.
Getting the Deal Through – Mining 2014
- Título: Mining 2014
- Fecha de publicación: 2014
- Descripción de la publicación: Mining 2014, reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Mining 2014, (published in June 2014) For further information please visitwww.gettingthedealthrough.com.
- Editorial: Getting the Deal Through
- Autor: Gabriela Mancero
Getting The Deal Through – Mining Industry
MANCERO, Gabriela and Montoya Milton. “Mining Industry”, Colombia, Getting the Deal Through, Law Business Research ltd, 2012, (London) Pages 61 – 68.