Colombia and its definition of PEP

The notion of a politically exposed person is a reality in prevention regulations in most countries. This generality is due to the influence of the FATF and its drive for cooperation between governments. Thanks to this reformist effort, each country defines its own concept of a public official, and this article analyzes the case of Colombia.

Colombia, like other Latin American countries such as Guatemala, Argentina or Mexico; also implements specific regulations for politically exposed persons. The key regulatory instrument in Colombia to understand the concept of a politically exposed person is Decree 830 of 2021.

This Decree establishes two key points. First, it thoroughly develops the definition of PEP in Colombia by listing and classifying the positions considered as PEP in the Andean country. Secondly, it implements an obligation for Politically Exposed Persons.

Typically, obligations are imposed on entities that must apply the preventive regulations, not on PEPs. Colombia changes this, requiring Politically Exposed Persons to declare their PEP status to obligated entities during due diligence processes. Additionally, they must also declare the names and other details of their family members and associates.

Furthermore, this regulation also creates a public and accessible list of Politically Exposed Persons, managed by the Administrative Department of Public Service. The regulation requires public entities to notify the Public Employment Information and Management System of individuals and/or contractors who meet the PEP criteria.

The PEP status will be maintained for an additional 2 years from the “resignation, dismissal, or declaration of the termination of the appointment, or any other form of disassociation, or termination of the contract.”

List of PEPs in Colombia

First, before proceeding with the list of positions, the regulation establishes a standard definition of PEP, as the list of positions is merely illustrative.

It states that PEPs are “public servants of any nomenclature and classification system of national and territorial public administration, when they are assigned or delegated functions of: issuing regulations, general management, institutional policy formulation and adoption of plans, programs, and projects, direct handling of state assets, funds, or values, administration of justice or sanctioning administrative authority, and individuals responsible for managing resources in political movements or parties.”

The list of positions that are considered PEP according to Colombian regulations is as follows:

1. President of the Republic, Vice President of the Republic, advisors, directors, and deputy directors of administrative departments, ministers, and deputy ministers.
2. General Secretaries, Treasurers, Financial Directors of (i) Ministries, (ii) Administrative Departments, and (iii) Superintendencies or their equivalents.
3. Presidents, Directors, Managers, General Secretaries, Treasurers, Financial Directors of: (i) Public Institutions, (ii) Special Administrative Units, (iii) Public Utility Companies, (iv) State Social Enterprises, (v) State Industrial and Commercial Enterprises, and (vi) Mixed Economy Companies.
4. Superintendents and Deputy Superintendents.
5. Generals of the Armed Forces and the National Police, Inspectors of the National Police, as well as Officers and Non-Commissioned Officers authorized to order expenditures or commit resources of public institutions.
6. Governors, Mayors, Deputies, Councilors, Treasurers, Financial Directors, and General Secretaries of: (i) Governor’s Offices, (ii) Mayor’s Offices, (iii) Municipal and District Councils, and (iv) Departmental Assemblies.
7. Senators, Representatives to the House, General Secretaries, secretaries of the permanent constitutional commissions of the Congress of the Republic, and Administrative Directors of the Senate and House of Representatives.
8. Manager and Co-directors of the Bank of the Republic.
9. Directors and budget administrators of Regional Autonomous Corporations.
10. National Civil Service Commissioners, Commissioners of the Energy and Gas Regulatory Commission, of the Potable Water and Basic Sanitation Regulatory Commission, and of the Communications Regulatory Commission.
11. Magistrates, Assistant Magistrates of High Courts and Tribunals, Judges of the Republic, Attorney General of the Nation, Deputy Attorney General of the Nation, Delegates and Directors of the Attorney General’s Office.
12. Comptroller General of the Republic, Deputy Comptroller General of the Republic, Delegate Comptrollers, Territorial Comptrollers, National Accountant General, Attorney General of the Nation, Deputy Attorney General of the Nation, Delegate Attorneys, Ombudsman, Deputy Ombudsman, Delegate Defenders, and Auditor General of the Republic.
13. Treasurers and expenditure administrators of High Courts and Tribunals, Attorney General’s Office, Comptroller General’s Office, Attorney General’s Office, Ombudsman’s Office, National Accountant General’s Office, and the Auditor General’s Office.
14. Magistrates of the National Electoral Council, National Civil Registrar, and Deputy Registrars.
15. Notaries and Urban Curators.
16. Expenditure administrators of public universities.
17. Legal representatives, presidents, directors, and treasurers of political parties and movements, and other forms of political association recognized by law.
18. Trustors of autonomous estates or trusts managing public funds.

• Website of the Ministry of Public Service of the Republic of Colombia
• Website of the Presidency of the Republic of Colombia
• Website of the House of Representatives of the Republic of Colombia
• Website of the Constitutional Court of the Republic of Colombia
• Website of the Assembly of the Department of Arauca
• Website of the Departmental Assembly of Choco
• Website of the Navy of the Republic of Colombia