Member Article

Once again the national government extended the preventive mandatory isolation in the national territory. By means the Decree 593, 2020 issued by the Ministry of Interior under the sanitary emergency caused by the Covi-19, the national government extended the current mandatory isolation from April 27 at 00:00 to May 11 at 00:00.

Pursuant to this Decree it is ordered to continue with the mandatory preventive isolation limiting the free circulation of individuals and vehicles. Nonetheless, there are added six new exceptions to this measures, some of the most important are: activities related with the construction sector; the manufacturing industry; the commercialization of accessories and spare parts from bicycles; the operation of games of chance, permanent bets and lottery; the operation of public parking lots; the reopening of family police stations and police inspections; activities related to appraisals and studies of titles for the constitution of guarantees before entities supervised by the Financial Superintendence; and the possibility for citizens between 18 and 60 years old to carry out physical activity in parks near their homes within the hours and instructions given by local governments for such purpose.

Based on the foregoing, under the new Decree are exempt of the mandatory preventive isolation measure the following activities:

1. Provide assistance or render health care services.

2. Acquire essential products, which are food, drinks, medicines, clinical devices, hygiene and cleaning products, and all the goods of ordinary consumption among the population. It is only admitted on individual per family can get out of its home to carry these activities.

3. Acquire banking, financial, notarial and public registry services; and the ones related with the operation of novel games of chance and territorial permanent bet, chance and lottery. For the acquisition of such services, it is admitted that only one person per family can get out of its home for these activities.

4. Take care or assist children, young people, adults over 70 years old, handicap people or people with any health issue that require special assistance. It is admitted that if such people need to get out of their home for any reason, they can be accompanied by one person.

5. Force majeure or fortuitous event.

6. The international medical missions and in general terms all the individuals that provide health care services.

7. The production, supply, storage, transport, commercialization and distribution of medicines, cleaning products, disinfectant products, and personal hygiene products for homes and hospitals, and clinical devices required for the provision of health care services. This include the operation of ongoing concerns require for the commercialization of such supplies.

8. Provide emergency services, including veterinary emergencies.

9. Provide funeral services.

10. The production, supply, storage, transportation, commercialization and distribution of: (i) raw materials for the manufacture of essential products, (ii) essential products, (iii) laboratory reagents, (iv) food and medicines for pets, and (v) other supplies require to respond to the emergency. This include the supply chain to produce these goods.

11. The sowing, harvesting, production, packaging, export, import, transport, storage, distribution and marketing of seeds, agricultural, fish, livestock and agrochemical products. As well as, animal feed and food processing center. This includes the logistic and transportation necessary for the development of such industry.

12. Provide on-site services for the commercialization of the essential products. In addition, such commercialization can be done though e-commerce platforms and delivery services.

13. Be a public employee or contractor, which work is required to prevent, mitigate and/or respond to the Covid-19 emergency and to guarantee the State activities.

14. Be part of a diplomatic mission in Colombia that need to develop any kind of activity to prevent, mitigate and/or respond to the Covid-19 emergency.

15. The Armed Forces or the National Police, and the security and defense entities of the State.

16. Develop any activity of public and private port services, only for the cargo transportation.

17. Activities related with maritime and river dredging activities.

18. The execution of transport infrastructure and public works, and the supply chain of materials and products related with its execution.

19. The execution of works related with building construction and legal guarantee activities over them, as well as the supply of materials required for these activities.

20. Intervention on any work or construction that cannot be suspended for technical stability risks, threat of collapse or that require structural reinforcement.

21. Build infrastructure to provide medical services, that is necessary to prevent, mitigate and/or respond to the Covid-19 emergency.

22. Activities needed for aeronautical operation. During the term of the extension of the preventive mandatory isolation the domestic flights continue suspended, except if there are for attend a humanitarian emergency, cargo transport, force majeure or fortuitous event.

23. The commercialization of products provided by restaurants services, only by means of the e-commerce platforms or its delivery services.

24. The hospitality activities, only to prevent, mitigate and/or respond to the Covid 19 emergency.

25. The correct working of the IT infrastructure.

26. The correct operation of call centers, support and data center services.

27. Provide private security services, security services on the prison facilities, and cleaning services in public buildings and common areas of the private buildings.

28. The operation, maintenance, storage and provision of: (i) public services, (ii) the logistic chain of supply for the import, export and supply of hydrocarbons, biofuels, natural gas, among others, and (iii) the logistic chain of the production, supply, import and export of minerals, and (iv) internet and telephone services.

29. Provide banking and financial services, operation of card payment, with the operation of novel games of chance and territorial permanent bet, chance and lottery, risk centers, transport of securities, notarial activities and the ones related with public registry and issuance of urbanistic licenses. The Superintendent of Notaries and Registry should determine the hours and shifts of the notaries and the public registry offices.

30. Provide postal services and couriers services, and work on media communication.

31. Supply and distribute essential products during the execution of any of the public programs from the government.

32. Religious activities related with public programs during the emergency, psychological or humanitarian assistance.

33. Work on any essential activity for the development of a private or public company, production facility or mine, that due to its nature and purpose cannot suspend its activities.

34. Guarantee the payment of salaries, social security obligations, or any other kind of fees for rending services.

35. Teachers or heads of public or private education institutions that require to move to carry certain activities to prevent, mitigate and/or respond to the Covid 19 emergency.

36. Necessary activities for the production, supply, storage, repair, maintenance, transport, marketing and distribution of textile, leather and clothing products, wood processing, manufacture of paper, cardboard and derived products and manufacture of chemicals, metals, electrical products, machinery and equipment. All the above-mentioned products must be commercialized through e-commerce platforms.

37. The development of physical activities and outdoor exercise of people in the age range of 18 to 60 years old, for a maximum period of one hour, following the biosafety protocols and instructions given by local governments for this purpose.

38. Activities related to appraisals of goods and the studies of titles, which purpose is constituting guarantees before entities controlled by the Colombian Superintendence of Finance.

39. Family police stations and police inspections. The users of these entities are also allowed to mobilize.

40. Activities related with the manufacture, repair, maintenance, purchase and sale of accessories and spare parts of bicycles.

41. The operation of public parking lots for vehicles.
    
    

Moreover, it is provided that all individuals that require to mobilize to carry out any of the activities covered under any of the exceptions must be fully identified and comply with the biosecurity protocols issued by the Ministry of Health and Social Protection. It is forbidden the consumption of acholic beverages in open spaces and ongoing concerns, during the term of the mandatory preventive isolation.

In addition, it is provided that all companies and entities from the public or private sector must encourage remote working among their employees or contractors during the term of the sanitary emergency.The local mayors and governors should take all the measures to comply with this regulation and the preventive mandatory isolation and guarantee the rights of the medical staff and other health care providers.

Finally, it is important to highlight that the violation of any of the measures provided for on this Decree may lead to the imposition of the following sanctions: (i) prison from 4 to 8 years for the commission of the offence of violation of health measures provided in the Colombian Criminal Code, and (ii) fines of up to 10,000 times the minimum daily wage. This Decree repeals Decrees 531 and 536, 2020.

DECREE 593 OF 2020