Colombian Foreign Ministry Defends Passport Contract After Inspector General Sues for Annulment

Colombia’s Ministry of Foreign Affairs (Cancillería) has issued a detailed response to a lawsuit filed by the Procuraduría General de la Nación, the nation’s highest administrative oversight and disciplinary body, which seeks to nullify a $1.3 trillion COP (approx. $325 million USD) agreement for the production of national passports. In a formal statement, the ministry maintained that the legal challenge does not halt the execution of the contract and assured the public that passport services will not be disrupted.

The lawsuit, submitted to the Administrative Tribunal of Cundinamarca, demands the “absolute nullity” of the inter-administrative agreement signed on July 18. The contract partners include the Cancillería (Foreign Ministry), Colombia’s Imprenta Nacional (National Mint), and Portugal’s state-owned mint, the Imprensa Nacional-Casa da Moeda (INCM).

The Procuraduría, led by Gregorio Eljach Pacheco, argues that the agreement violates Colombian public contracting law. The primary objections cited are the failure to conduct a competitive public bidding process and the direct adjudication of the contract. The oversight body also alleges that the agreement does not meet the legal requirements for such a partnership, stating that the foreign entity, INCM, contributed only 21% of the project’s total value, significantly below the legally mandated 50% minimum financing. The lawsuit requests the court to compel the Portuguese mint to return all funds it has received under the challenged agreement.

In its public communiqué, the Foreign Ministry clarified that it had not, at the time of the release, been formally notified by the court of the lawsuit’s admission. The ministry stressed that the filing represents the beginning of a legal process and is not a verdict against the contract’s legitimacy.

“The existence of a control measure, in this case a lawsuit, in no way prevents the continued execution of the projects, plans, and programs related to the issuance of the new passport model,” the ministry’s statement reads. It further added, “To date, there is no ruling against the Colombian Foreign Ministry that would make it impossible to move forward with the production process of new passports for Colombia.”

The Cancillería has confirmed its intent to mount a full legal defense through its juridical division once formally served. The judicial process will unfold in two stages, beginning at the Administrative Tribunal of Cundinamarca and potentially advancing to the Council of State, Colombia’s highest court for administrative matters.

President Gustavo Petro has publicly distanced himself from the Procuraduría’s legal action. Commenting on the social media platform X, the president stated, “I completely disagree with the Procurador on this issue. The country has the right for its printing press to be able to make its citizens’ identification documents because intimate data should not be in private hands.”

This legal challenge is the latest chapter in a controversy that began in 2023 when then-Foreign Minister Álvaro Leyva suspended a public tender for the passport contract. Leyva cited concerns over a lack of competition, which appeared to favor the long-standing provider, Thomas Greg & Sons, a company that had produced Colombia’s passports for the preceding 17 years. Following that suspension, the government pursued the current direct agreement with the Imprenta Nacional and INCM.

The Procuraduría had previously initiated disciplinary investigations into alleged irregularities surrounding the implementation of the new passport model. These investigations include former Foreign Minister Rosa Villavicencio and her predecessors, Laura Sarabia and Luis Gilberto Murillo, as well as the former chief of staff for the presidency, Alfredo Saade.

The Foreign Ministry has sought to quell public concern over passport availability, stating that contingency plans are in effect and that a pre-existing contract ensures the continuous supply of passport booklets. “We give a piece of tranquility to the public,” the ministry stated, assuring that there “is not, nor will there be, a shortage.”

Headline Photo: Imprenta Nacional de Colombia. Photo credit: Imprenta Nacional de Colombia/Facebook.