2024-07-03 14:45:35
The Office of the Attorney General has sent its objections to the Ministry of Commerce, Industry and Tourism regarding the draft decree that establishes a ban on coal exports to Israel.
This communication was made through the Delegate for Environmental, Mining, Energy and Agrarian Affairs, after the National Government announced the suspension of these exports until the attacks against the civilian population in Gaza cease.
Reduction of royalties
The watchdog has noted that thermal coal exports to Israel represent annual revenues of 650 billion pesos in royalties, taxes and contributions, of which 100 billion go directly to the departments of La Guajira and Cesar. However, the draft decree does not include a technical analysis of how the cost of what the Colombian State will stop receiving in royalties generated while the conflict in the Gaza Strip lasts will be assumed.
Unsuitable measure
Although the Colombian State has the power to intervene in the economy to guarantee a supreme common good, the Attorney General’s Office considers that the draft decree is not an appropriate measure to achieve this goal. The suitability of the measure must be based on a legitimate objective that must be urgently achieved, which is not evident in this case.
Lack of guarantee of effectiveness
The decree argues that the measure is necessary because there is no other alternative to achieve its objective. However, the Attorney General’s Office points out that there is no technical demonstration that ensures that the suspension of coal exports to Israel would lead to compliance with the decisions of the International Court of Justice and the United Nations Security Council.
You may be interested in: Non-mining exports grew 5.5% in the last 18 years
Risk of unlawful harm
The draft decree could be declared null and void due to false motivation, according to the Attorney General’s Office, since the reasons invoked are contrary to reality and are neither proportional nor reasonable.
Non-compliance with the free trade agreement with Israel
The unjustified measure to ban the export of coal to Israel could lead to risks of non-compliance with the free trade agreement between Colombia and Israel, approved by Congress in 2017 and in force since 2020.
Opposed to the normative basis
The project invokes Article 259 of the current National Development Plan, which allows the government to adopt restrictive or promotional trade measures for reasons of national security, food sovereignty and protection of industry and the market. However, the Attorney General’s Office argues that the export ban does not guarantee any of these reasons and, on the contrary, affects free industry and trade, putting at risk the fundamental rights to private initiative and freedom of enterprise.
You can readR: Dairy sector under pressure, duel between producers and industrialists