Legal Nature

 

NATURE AND RESOURCES OF AUTONOMOUS PATRIMONY NATIONAL TOURISM FUND

 

The Tourism Promotion Fund (Fondo de Promoción Turística) was created through Law 300 of 1996, Article 42 as an instrument to manage resources from Parafiscal Contributions for the Promotion of Tourism.
 
Subsequently, Article 40 of Law 1450 of 2011 established the Tourism Promotion Fund as an instrument to manage resources from parafiscal contributions for the promotion of tourism subject to the tourism policy guidelines set forth by the Ministry of Commerce, Industry and Tourism (MinCIT), whereby the Fund’s private procurement regime was established from such date, i.e. it is governed by the Civil Code, Code of Commerce and its Procurement Manual.
 
Furthermore, the name of Tourism Promotion Fund was changed through Law 1558 of 2012 to National Tourism Fund (Fondo Nacional del Turismo - FONTUR) and it was incorporated as an autonomous patrimony. Thus, its administration and spokesmanship was assumed by Fiduciaria Colombiana de Comercio Exterior S.A. – FIDUCOLDEX S.A. trust corporation. For this purpose, Business Trust Agreement No. 137 of 2013 was entered into by and between the Ministry of Commerce, Industry and Tourism and the above-mentioned trust corporation, which took over the Fund’s administration and spokesmanship as of September 1, 2013.
 
Moreover, Article 22 of the aforementioned law set forth that real estate seized or impounded as a result of their connection with proceedings related to drug trafficking, unlawful enrichment, money laundering and related crimes, as well as real estate owned by the former National Tourism Corporation (Corporación Nacional de Turismo), currently the MinCIT, would be managed or sold by the National Tourism Fund.
 
Finally, it is worth noting that Decree 2125 of 2012, Article 1 ratifies Fondo Nacional de Turismo - FONTUR’s capacity to manage real estate entering into concession agreements, leasing agreements, loan-for-use agreements, hotel management agreements, amongst others, or any other contractual figure useful for tourism exploitation purposes.
 
Most of the resources in Fondo Nacional de Turismo - FONTUR’s autonomous patrimony are public resources, provided that they are acquired, without limitation, as follows:
 
I. Transfers from the Country’s General Budget through the MinCIT.
 
II. Tourism tax.
 
III. Fines charged to touristic service providers.
 
IV. Resources from economic exploitation of assets formerly owned by the National Tourism Corporation, in terms of the regulations issued by the MinCIT for such purpose.
 
V. Financial yields arising from the management of the above items.
 
VI. Parafiscal contributions to tourism.
 
These resources are accessed by submitting projects suitable for the tourism promotion, marketing, competitiveness and infrastructure lines provided by FONTUR’s Manual for Resource Allocation and Project Submission; and they undergo a process of drafting, evaluation, approval and implementation, as follows:
 
a. Filing Stage
 
· Filed: Initiative or project with MinCIT relevance; MinCIT files it at Fiducoldex and it is received by FONTUR to begin its drafting stage.
 
b. Drafting Stage:
 
· Under drafting: Project within the working days for structuring, request for adjustments and/or clarification of information.
 
· Drafted: The project has been structured and meets the requirements of FONTUR’s Manual for Resource Allocation and Project Submission.
 
· Returned: Project that does not meet the requirements of FONTUR’s Manual for Resource Allocation and Project Submission or fails to meet the drafting deadlines and documents required from the bidder.
 
· Removed: Project removed by the bidder.
 
c. Evaluation Stage
 
· Under pre-feasibility: Project within the working days for technical, legal and budget evaluation.
 
· Pre-feasible: Project that meets the technical, legal and budget evaluation parameters.
 
· Not pre-feasible: Project that does not meet the technical, legal and budget evaluation parameters.
 
FONTUR´s Internal Project Committee: This committee determines the feasibility of projects to be submitted for approval before the Steering Committee. It is made up by the Vice-Minister of Tourism and the General Manager of the National Tourism Fund.
 
· Feasible: The decision of the Internal Project Committee members on the projects that may be submitted for consideration before the Steering Committee, pursuant to the analysis of information presented in the Word document and Template of each project.
 
· Non-Feasible: The decision of the Internal Project Committee members on the projects that will NOT be submitted for consideration before the Steering Committee, pursuant to the analysis of information presented in the Word document and Template of each project.
 
· Postponed: The decision of the Internal Project Committee on the projects that require adjustments, clarifying and/or complementary information.
 
· Removed: Project removed by the bidder.
 
d. Stage of Steering Committee´s Approval:
 
 
FONTUR’s Steering Committee is formed under the provisions of Decree 2094 of 2015, Article 2.2.4.2.7.1. and it will have seven members, as follows:
 
1. Ministry of Commerce, Industry and Tourism or its delegate.
 
2. Vice-Minister of Commerce, Industry and Tourism.
 
3. Procolombia’s President who may delegate the Vice-Minister of Commerce, Industry and Tourism.
 
4. Four representatives of union organizations that provide parafiscal contributions.
 
FONTUR’s Steering Committee will have the following duties:
 
1. Approve FONTUR’s annual budget of income and expenditure submitted by its Management Body, upon approval by the MinCIT.
 
2. Approve the investments and projects to be implemented by the Management Body using FONTUR resources to fulfill its management contract.
 
3. Ensure proper and efficient management of FONTUR by the Management Body.
 
In the approval stage, projects submitted before the Committee may undergo the following phases:
 
· Approved project: Project selected by FONTUR’s Committee to grant co-financing resources; the term APPROVED will be included in the evaluation sheet of this project and,
 
subsequently, FONTUR shall notify the Steering Committee’s decision in writing to the bidder, specifying the co-financing approved and the process to follow.
 
· Approved project subject to adjustments: The decision of FONTUR’s Steering Committee on the projects that require adjustments, clarifying and/or complementary information. Once the adjustments have been fulfilled, the project will be approved.
 
· Postponed project: The decision of FONTUR’s Steering Committee on the projects that require adjustments, clarifying and/or complementary information.
 
· Not approved project: The decision of FONTUR’s Steering Committee on the projects that do not meet the requirements of FONTUR’s Manual for Resource Allocation and Project Submission or projects where the bidder does not accept or respond to the requested adjustments or clarifications within the term provided. FONTUR will notify the bidder in writing about this decision.