COLOMBIA

The Sixth Committee of the House of Representatives approved on December 14 the bill 19/2021 promoted by Diego Patiño Amariles (Liberal Party – opposition) that promotes the digitalization of the postal sector and electronic commerce in the country. The initiative, approved in the first debate, was ready to be voted on in the House of Representatives.

More details on the bill’s measures are provided below:

• Surveillance. The State shall be responsible for the surveillance, inspection and control of all postal operators with respect to their activity in order to ensure the adequate provision of the service. 

• Requirements for postal operators. All those interested in providing the express courier service must prove before the Ministry of Information and Communication Technologies (MinTIC) that they are a national or foreign legal entity legally established in Colombia and that their corporate purpose includes the provision of postal services.

• Registration of postal operators. Postal service providers must be registered and incorporated in the registry of postal operators. In addition, they must prove that their main corporate purpose is the provision of postal services and demonstrate and maintain a minimum capital stock of three thousand five hundred (3,500) legal monthly minimum wages in force. In addition, they must present the characteristics of the service to be provided (geographic area in which it will develop its activity, type of service to be provided, operational and technological structure, suitability and capacity to provide the postal service of payment). 

• Accreditation. The provision of postal payment services must be authorized by the Ministry of Information and Communication Technologies. 

• Postal services. The provision of express courier postal services is enabled in a general manner, including the authorization for the installation, expansion, modification, operation and exploitation of postal networks or infrastructure for the provision of express courier services. 

• Detailed technical plan. Express courier operators must submit a detailed plan on the technical specifications of the postal network they will implement to provide their services, together with the characteristics of the service and the operational structure they will use.

• License. Official Postal Operators must have a license to provide postal services for mail and international money orders. The MinTIC will conduct an objective selection procedure to verify compliance with the legal, financial and technical requirements and conditions.

• Free access to postal networks. Postal operators may use all or part of the postal networks of any other operator, provided that there is an agreement and the corresponding tariffs are paid, unless the operator of the network to be used demonstrates that it is technically unable to offer such access. 
• Graduation of Sanctions. The Ministry of Information Technologies and Communications will define sanctions in accordance with the Code of Administrative Procedure and Administrative Disputes, taking into account the economic capacity of the offender.