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	<title>Superintendence of Industry and Commerce &#8211; Finance Colombia</title>
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	<description>Connecting Colombia to the global capital markets, analysts, economists, investors, and executives that matter</description>
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	<title>Superintendence of Industry and Commerce &#8211; Finance Colombia</title>
	<link>https://www.financecolombia.com</link>
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	<item>
		<title>Colombia Orders Immediate, Definitive Closure of Worldcoin Operations</title>
		<link>https://www.financecolombia.com/colombia-orders-immediate-definitive-closure-of-worldcoin-operations/</link>
		
		<dc:creator><![CDATA[Loren Moss]]></dc:creator>
		<pubDate>Tue, 28 Oct 2025 15:58:59 +0000</pubDate>
				<category><![CDATA[BFSI - Financial Services]]></category>
		<category><![CDATA[ICT]]></category>
		<category><![CDATA[biometric data]]></category>
		<category><![CDATA[ChatGPT]]></category>
		<category><![CDATA[colombia]]></category>
		<category><![CDATA[cryptocurrency]]></category>
		<category><![CDATA[data protection]]></category>
		<category><![CDATA[iris scan]]></category>
		<category><![CDATA[OpenAI]]></category>
		<category><![CDATA[Orb]]></category>
		<category><![CDATA[Resolution 78798]]></category>
		<category><![CDATA[sam altman]]></category>
		<category><![CDATA[SIC]]></category>
		<category><![CDATA[Superintendence of Industry and Commerce]]></category>
		<category><![CDATA[tools for humanity]]></category>
		<category><![CDATA[Tools for Humanity Corporation]]></category>
		<category><![CDATA[World Foundation]]></category>
		<category><![CDATA[worldcoin]]></category>
		<category><![CDATA[Worldcoin Foundation]]></category>
		<guid isPermaLink="false">https://www.financecolombia.com/?p=36595</guid>

					<description><![CDATA[The foundation and company were founded by tech billionaire Sam Altman, and pay people small amounts of cryptocurrency to scan their eyes and create a unique, identifiable record....]]></description>
										<content:encoded><![CDATA[<p>Colombia&#8217;s <a href="https://www.sic.gov.co/" target="_blank" rel="noopener">Superintendence of Industry and Commerce (SIC)</a>, the country&#8217;s data protection and market regulator, has ordered the &#8220;immediate and definitive closure&#8221; of all data processing operations in Colombia for <a href="https://www.google.com/search?q=https://worldcoin.org/the-worldcoin-foundation" target="_blank" rel="noopener">World Foundation</a> (formerly Worldcoin Foundation) and <a href="https://www.toolsforhumanity.com/" target="_blank" rel="noopener">Tools for Humanity Corporation</a>.</p>
<p>The sanction, detailed in Resolution 78798 of October 3, 2025, concludes a seven-month investigation into the companies&#8217; practice of collecting sensitive biometric data from thousands of Colombians.</p>
<p>The companies began operations in Colombia in the first half of 2024, deploying &#8220;Orb&#8221; devices to capture biometric images of individuals&#8217; irises. This data was used to create a &#8220;World ID&#8221; and, according to the SIC, was obtained by offering economic compensation.</p>
<p>President Gustavo Petro commented on the sanction via his account on the social network X: “Excellent. In Colombia, the right to <i>habeas data</i> exists. You own your data. Sensitive data like the iris of the eyes cannot be handed over simply for money, without knowledge of the use that will be given to it. For this practice, the operations of these companies were closed.&#8221;</p>
<p>The SIC investigation determined that this <i>quid pro quo</i>—offering money for biometric data—invalidated the legality of the consent obtained. The agency found that the economic incentive &#8220;conditioned the will&#8221; of data holders, preventing them from making a &#8220;free, spontaneous, or voluntary&#8221; decision as required by Colombian law.</p>
<p>The agency labeled the resulting consent an &#8220;uninformed and premature decision&#8221;.</p>
<h3>SIC Findings and Legal Basis</h3>
<p>The 76-page resolution details multiple, cascading violations of Colombia&#8217;s Statutory Law 1581 of 2012, which governs the constitutional right to <i>habeas data</i>, or the right of citizens to control their personal information.</p>
<p>Under Colombian law, biometric data, such as an iris scan, is classified as &#8220;sensitive data&#8221;. The processing of such data is expressly prohibited by default, with narrow exceptions, such as obtaining explicit, prior, and informed authorization from the user.</p>
<p>The SIC&#8217;s Directorate of Personal Data Protection Investigations found that the companies failed to meet this standard on several fronts:</p>
<ul>
<li><strong>No Legal Authorization:</strong> The investigation concluded that the authorization formats used did not comply with the &#8220;principle of liberty&#8221; and other legal requirements. For example, several forms and processes presented to users were in English, not in Spanish, Colombia&#8217;s official language.</li>
<li><strong>Inadequate Policies:</strong> The companies’ data treatment policies were not adapted to Colombian law. The SIC noted that while Worldcoin’s policies included &#8220;adendas&#8221; (addendums) with specific, often stricter, rules for regions like the European Union, Japan, Argentina, and Peru, no such addendum was created for Colombia.</li>
<li><strong>Insufficient Security Measures:</strong> The resolution states that the companies failed to demonstrate &#8220;appropriate and effective&#8221; security measures for the sensitive data collected. The company&#8217;s 2021 Information Security Policy did not specifically cover the processing of biometric data.</li>
<li><strong>Lack of Transparency:</strong> The SIC found that Worldcoin failed to inform users about its Secure Multi-Party Computation (SMPC) protocol, a system where iris codes are fragmented and stored by third parties. This protocol was not disclosed in consent forms until December 2024, despite being in use since May 2024. The agency also raised concerns about the security risks and oversight of the third parties (including universities and other companies) storing these data fragments.</li>
<li><strong>Incomplete Data Deletion:</strong> The regulator found that the companies&#8217; consent forms informed users that their &#8220;iris code&#8221; or &#8220;proof of singularity&#8221; would <i>not</i> be deleted, even if the user requested the deletion of their images. The SIC argued this proves the data is never fully suppressed, as it must be retained to check for duplicate registrations, a fact not clearly communicated to users.</li>
</ul>
<blockquote><p>The foundation and company were founded by tech billionaire Sam Altman, and pay people small amounts of cryptocurrency to scan their eyes and create a unique, identifiable record. Some find this extremely creepy and say it takes advantage of the poor &amp; gullible. Altman is also the CEO of <a href="https://openai.com/">OpenAI,</a> maker of <a href="https://chatgpt.com/">ChatGPT.</a></p></blockquote>
<h2>The Sanction and Company Response</h2>
<p>The SIC&#8217;s resolution imposes two primary actions:</p>
<p><strong>Immediate and Definitive Closure:</strong> An order for the &#8220;immediate and definitive closure&#8221; of any operation in Colombia that involves the treatment of personal data.</p>
<p><strong>Data Suppression:</strong> An order for World Foundation and Tools for Humanity to &#8220;suppress&#8221; all sensitive personal data, including all iris codes, from all databases, repositories, or servers where they are stored. This applies to all data collected in Colombia since the beginning of their operations.</p>
<p>The companies are required to submit a report from an external entity certifying the complete elimination of this data within one month of the resolution being executed.</p>
<p><strong>World Foundation Response</strong></p>
<p>In an official statement, World Foundation announced it would pursue legal appeals against the sanction. The company described the resolution as &#8220;preliminary and of the first instance&#8221; and asserted that its legal appeals &#8220;have a suspensive effect,&#8221; which it claims allows it to &#8220;continue operating in a normal and legal manner.&#8221;</p>
<p>The company contended that the SIC&#8217;s findings are &#8220;incomplete&#8221; and &#8220;based on outdated policies and technologies.&#8221;</p>
<p>World Foundation also clarified its position, stating that it does not store biometric data and that user consent is &#8220;confirmed at multiple stages&#8221; of the verification process. It further stated that the Worldcoin token is &#8220;additional and is completely separate from the verification process.&#8221;</p>
<p>The company said it hopes to establish an &#8220;open dialogue with the SIC to clarify how this important technology works.&#8221;</p>
<p>The SIC&#8217;s resolution also noted that the companies&#8217; legal counsel had previously attempted to nullify the administrative proceeding, alleging &#8220;improper notification&#8221; of the initial investigation. The SIC rejected these motions, ruling that the companies had already responded to official inquiries using the same email addresses, thereby constituting &#8220;notification by conclusive conduct&#8221;.</p>
<p><iframe style="border: var(--border-1) solid #CCC; border-width: 1px; margin-bottom: 5px; max-width: 100%;" src="https://www.slideshare.net/slideshow/embed_code/key/ouTmXAUIw2ypcj" width="610" height="515" frameborder="0" marginwidth="0" marginheight="0" scrolling="no" allowfullscreen="allowfullscreen"></iframe></p>
<div style="margin-bottom: 5px;"><strong><a title="251017-resolucion-78798-3-octubre-2025-pdf" href="https://es.slideshare.net/slideshow/251017-resolucion-78798-3-octubre-2025-pdf/283881234" target="_blank" rel="noopener">251017-resolucion-78798-3-octubre-2025-pdf</a></strong>from <strong><a href="https://www.slideshare.net/LorenMoss" target="_blank" rel="noopener">Loren Moss</a></strong></div>
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		<item>
		<title>Telecom Complaints in Colombia Fell 26.7% In The 2nd Half of 2024</title>
		<link>https://www.financecolombia.com/telecom-complaints-in-colombia-fell-26-7-in-the-2nd-half-of-2024/</link>
		
		<dc:creator><![CDATA[Editorial Staff]]></dc:creator>
		<pubDate>Sun, 15 Jun 2025 00:35:31 +0000</pubDate>
				<category><![CDATA[ICT]]></category>
		<category><![CDATA[Claudia Ximena Bustamante]]></category>
		<category><![CDATA[colombia]]></category>
		<category><![CDATA[communications regulatory commission]]></category>
		<category><![CDATA[crc]]></category>
		<category><![CDATA[Data Flash]]></category>
		<category><![CDATA[internet]]></category>
		<category><![CDATA[PQRS]]></category>
		<category><![CDATA[subscription television]]></category>
		<category><![CDATA[Superintendence of Industry and Commerce]]></category>
		<category><![CDATA[telephony]]></category>
		<guid isPermaLink="false">https://www.financecolombia.com/?p=34655</guid>

					<description><![CDATA[77.2% of the complaints were filed through traditional channels such as telephone lines and physical offices....]]></description>
										<content:encoded><![CDATA[<p>The <a href="https://www.crcom.gov.co/en">Communications Regulatory Commission (CRC)</a> has presented a data flash on complaints in communications services, a detailed analysis of the behavior of requests, complaints, claims, and requests (PQRS) made by users of internet, telephony, subscription television, and postal services in Colombia during the fourth quarter of 2024.</p>
<p>This report consolidates key information to evaluate the quality of telecommunications (internet, telephony, and subscription television) and postal services, to know the level of user satisfaction as well as the problems and the main causes of non-conformity, as a key tool for the supervision and regulation of companies in the sector.</p>
<p>According to the analysis, during the second half of 2024, 2.01 million complaints were registered regarding telecommunications services, which represents a decrease of 26.7% compared to the same period in 2023 and an annual reduction of 32.9% compared to the total for 2023.</p>
<p>77.2% of the complaints were filed through traditional channels such as telephone lines and physical offices, while 22.8% were managed through digital means such as websites, social networks, and messaging applications.</p>
<p>The number of complaints per 100 accesses, for telecommunications services, was:</p>
<ul>
<li>Fixed internet: 3.16</li>
<li>Mobile telephony: 0.3</li>
<li>Subscription TV: 0.57</li>
<li>Fixed telephony: 0.75</li>
<li>Mobile internet: 0.3, the latter being the only one with an increase in complaints: +52% compared to the second half of 2023.</li>
</ul>
<p>The main causes of disagreement identified were the unavailability of the service, errors in billing, and unjustified charges or discounts, common to all the services evaluated.</p>
<p>The report also analyzes the behavior of decisions in the different instances of attention, identifying that 78% of the PQRS were resolved in favor of users in the first instance, while 67% were resolved in a second instance, by the <a href="https://sedeelectronica.sic.gov.co/">Superintendence of Industry and Commerce</a>.</p>
<p>In terms of complaints in the postal service, during 2024, 103 million postal shipments were reported, of which 645,000 PQRS were generated, which is equivalent to 0.63% of the total shipments. The service with the highest number of complaints was express courier (95.5%), followed by mail (2.5%) and money orders (2%). The main typologies were requests for information (55.02%) and non-compliance with delivery times (22.38%).</p>
<p>“From the CRC, we will continue to monitor the behavior of complaints in the communications sector, to identify opportunities for improvement, strengthen the protection of users&#8217; rights, and promote better quality in the provision of services,” said Claudia Ximena Bustamante, commissioner and executive director of the CRC.</p>
<p style="text-align: right;">Photo credit: albertoadan from Pixabay.</p>
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		<title>Ecopetrol &#038; its CEO Ricardo Roa Ensnared In Helicopter Contract Scandal</title>
		<link>https://www.financecolombia.com/ecopetrol-its-ceo-ricardo-ensnared-in-helicopter-contract-scandal/</link>
		
		<dc:creator><![CDATA[Editorial Staff]]></dc:creator>
		<pubDate>Tue, 13 May 2025 12:02:59 +0000</pubDate>
				<category><![CDATA[Energy]]></category>
		<category><![CDATA[Law, Justice & Peace]]></category>
		<category><![CDATA[2022 presidential campaign]]></category>
		<category><![CDATA[corruption]]></category>
		<category><![CDATA[ct+i]]></category>
		<category><![CDATA[cucuta]]></category>
		<category><![CDATA[Danilo Romero]]></category>
		<category><![CDATA[ecopetrol]]></category>
		<category><![CDATA[Fiscalía General de la Nación]]></category>
		<category><![CDATA[Gustavo Petro]]></category>
		<category><![CDATA[Helicol]]></category>
		<category><![CDATA[Helistar S.A.S]]></category>
		<category><![CDATA[Julián Quintana]]></category>
		<category><![CDATA[Milton Cabeza Peñaranda]]></category>
		<category><![CDATA[oil]]></category>
		<category><![CDATA[Paz de Ariporo]]></category>
		<category><![CDATA[Ricardo Roa]]></category>
		<category><![CDATA[Soracá]]></category>
		<category><![CDATA[Superintendence of Industry and Commerce]]></category>
		<guid isPermaLink="false">https://www.financecolombia.com/?p=33952</guid>

					<description><![CDATA[In addition to the investigation into his role in the presidential campaign and  appointment of the president of ISA, Roa is also allegedly implicated in a corruption scandal at Ecopetrol...]]></description>
										<content:encoded><![CDATA[<p>Ricardo Roa, current president of Colombian state-controlled oil company Ecopetrol (NYSE: EC) and former campaign manager for President Gustavo Petro, is now embroiled in a major scandal surrounding a helicopter transport contract. A formal complaint filed with the Office of the Attorney General of Colombia alleges the existence of a rigged bidding process, tailor-made contract terms, and a corruption scheme within Ecopetrol that Roa perpetuated.</p>
<p>The alleged corruption model dates back to 2011 when Ecopetrol centralized its air transport provider selection. Since then, <a href="https://helistaraviacion.com/">Helistar S.A.S</a>. has continuously secured five-year contracts, with changing requirements seemingly adjusted to match its aging fleet. For example, while aircraft were originally required to be no older than five years, the 2022 bidding allowed for 20-year-old helicopters—a shift allegedly made to accommodate Helistar. The complaint highlights the company’s enduring ties to political figures close to President Petro, including Milton Cabeza Peñaranda, Helistar’s legal representative, and the Cabeza family’s connection to Danilo Romero, a political ally of Petro.</p>
<blockquote><p>This now makes 3 major scandals for Roa, with the ISA presidential appointment, and President Gustavo Petro&#8217;s campaign finance irregularities.</p></blockquote>
<p>Ecopetrol launched a bidding process to select air transport providers for the company and its subsidiaries, including Cenit and Ocensa, on August 16, 2023—four months after Roa assumed Ecopetrol’s presidency. Although the company led the design and strategy of the process, the subsidiaries retained the authority to finalize contracts. The complaint argues that only six Colombian companies were invited to participate and that submission deadlines were extremely short, sidelining potential competitors.</p>
<p>Bidders had less than a month to prepare, with proposals due on October 9, 2023, and operations expected to start by November 1. Many companies withdrew due to the tight timeline and the impractical requirement to upgrade their fleets within days. As Ecopetrol <a href="https://www.ecopetrol.com.co/wps/portal/Home/es/noticias/detalle/ecopetrol-informa-resultado-contratacion-servicio-helicopteros">announced</a>, the contract was officially signed on August 29, 2024, and divided into two parts: The majority of the demand went to Helistar for operations in Cúcuta and Soracá, while a smaller part went to <a href="https://helicol.com.co/">Helicol</a> for the Paz de Ariporo base.</p>
<p>However, seven months later, Ecopetrol abruptly canceled Helicol’s contract, citing technical and documentation shortcomings, and reassigned its share to Helistar. Helicol, represented by lawyer Julián Quintana, former director of the Technical Investigation Team (CTI, by its acronym in Spanish) of the Office of the Attorney General of Colombia, filed a criminal complaint accusing Roa and Cabeza of collusion, anti-competitive practices, and corruption. They alleged that a former Helistar employee, then working at Cenit, was involved in the decision-making process that led to Helicol’s removal. They also challenged the validity of inspection reports and the criteria used to terminate the contract.</p>
<p>The complaint also mentions a private lunch between Roa and Orlando Cabeza—the alleged true owner of Helistar—hosted at Danilo Romero’s apartment. Though officially denied, the event underscores alleged ties between Helistar and Colombia’s political elite, connections that an inquiry made by local website <a href="https://www.lasillavacia.com/silla-nacional/los-vinculos-del-multimillonario-de-helistar-con-el-circulo-intimo-de-petro/">La Silla Vacia</a> also suggests. Documents referred in the complaint link Orlando Cabeza to past drug trafficking operations, raising further concerns about his hidden involvement.</p>
<p>&#8220;We will denounce the alleged mafia within Ecopetrol dedicated to directing air transport contracts. Ricardo Roa must explain to the authorities how they decapitate bidders to benefit a well-off contractor,&#8221; Quintana said on <a href="https://x.com/julianquintanat/status/1899828808934416645">X</a> before sending the 53-page complaint. The document also accuses Helistar of submitting falsified pilot certifications and failing to meet the minimum 300 flight-hour requirement. As of May 8, 2024, Colombia’s Superintendency of Industry and Commerce formally charged Ecopetrol, its subsidiaries, and Helistar for allegedly directing contracts unfairly from 2011 to 2023.</p>
<p>This is just one of several investigations involving Ricardo Roa. He is also under scrutiny for his role in financing Gustavo Petro’s presidential campaign and for irregularities in the appointment of Jorge Carrillo as president of ISA. While Colombia’s National Electoral Council has temporarily frozen its investigation into Petro’s campaign financing, the judicial pressure on Roa continues to mount.</p>
<p style="text-align: right;">Headline photo: Colombian President Gustavo Petro with Ricardo Roa (photo: ANH)</p>
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		<title>Allegations Surface Against Worldcoin for Targeting Vulnerable Populations in Colombia for Iris Scans</title>
		<link>https://www.financecolombia.com/allegations-surface-against-worldcoin-for-targeting-vulnerable-populations-in-colombia-for-iris-scans/</link>
		
		<dc:creator><![CDATA[Loren Moss]]></dc:creator>
		<pubDate>Thu, 29 Aug 2024 18:13:09 +0000</pubDate>
				<category><![CDATA[Law, Justice & Peace]]></category>
		<category><![CDATA[biometric data]]></category>
		<category><![CDATA[colombia]]></category>
		<category><![CDATA[data privacy]]></category>
		<category><![CDATA[iris scan]]></category>
		<category><![CDATA[Superintendence of Industry and Commerce]]></category>
		<category><![CDATA[worldcoin]]></category>
		<guid isPermaLink="false">https://www.financecolombia.com/?p=30870</guid>

					<description><![CDATA[The ethical implications of Worldcoin targeting such vulnerable populations have drawn widespread criticism....]]></description>
										<content:encoded><![CDATA[<p>US-based <a href="https://worldcoin.org/">Worldcoin</a> is facing scrutiny in Colombia over its practice of collecting biometric data from vulnerable individuals, including street dwellers and migrants. The firm allegedly offers payments of approximately 40,000 pesos ($10) in exchange for scanning their iris. The practice, has sparked ethical and legal concerns, leading the Colombian <a href="https://sedeelectronica.sic.gov.co/">Superintendence of Industry and Commerce (SIC)</a> to launch an investigation into potential violations of the country&#8217;s data protection laws.</p>
<p>Local leaders and merchants have raised alarms, claiming that those recruited are often in dire economic circumstances, which has amplified the controversy surrounding the firm’s activities. Worldcoin justifies its actions by claiming the initiative aims to create a unique global digital identity to prevent online identity fraud. However, the ethical implications of targeting such vulnerable populations have drawn widespread criticism.</p>
<p>If found in violation, Worldcoin may face significant penalties, including the suspension of its operations in Colombia. The case also underscores the need for stringent regulations governing the collection and use of biometric data, particularly from at-risk groups. The controversy has attracted international attention, with similar practices by the company being scrutinized in multiple countries.</p>
<p>This case highlights the broader issue of how emerging technologies can exploit vulnerable populations under the guise of innovation, raising important questions about consent, privacy, and the responsibilities of tech companies operating in global markets.</p>
<p style="text-align: right;">Image by TechCrunch &#8211; https://www.flickr.com/photos/techcrunch/53486715793/, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=148326018</p>
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		<title>Cartagena Opens New Center to Promote Responsible Tourism</title>
		<link>https://www.financecolombia.com/cartagena-opens-new-center-to-promote-responsible-tourism/</link>
		
		<dc:creator><![CDATA[Editorial Staff]]></dc:creator>
		<pubDate>Tue, 02 Apr 2024 05:25:16 +0000</pubDate>
				<category><![CDATA[PressRelease - Edited & Rewritten From Contributed Information Submitted to Finance Colombia]]></category>
		<category><![CDATA[Travel & Hospitality]]></category>
		<category><![CDATA[arturo bravo]]></category>
		<category><![CDATA[cartagena]]></category>
		<category><![CDATA[Corpoturismo]]></category>
		<category><![CDATA[Germán Umaña Mendoz]]></category>
		<category><![CDATA[MinCIT]]></category>
		<category><![CDATA[SIC]]></category>
		<category><![CDATA[Superintendence of Industry and Commerce]]></category>
		<category><![CDATA[Tourism]]></category>
		<category><![CDATA[Walled City]]></category>
		<guid isPermaLink="false">https://www.financecolombia.com/?p=29854</guid>

					<description><![CDATA[The new initiative will promote responsible tourism in the city and work to ensure local communities are receiving fair value for their work....]]></description>
										<content:encoded><![CDATA[<p>In an effort to promote responsible tourism development in Cartagena&#8217;s historic center and surrounding areas, the iconic Colombian coastal city has opened a new tourism center.</p>
<p>Known as the Casa del Consumidor Turista, and newly opened in March, this hub will serve as a center for various stakeholders to provide information to tourists, promote fair trade, and protect vulnerable populations who may be negatively affected by tourism, among other services.</p>
<p>The new location grew out of the combined efforts from Colombian Ministry of Commerce, Industry, and Tourism (MinCIT), the Superintendence of Industry and Commerce (SIC), and the Cartagena Tourism Corporation (Corpoturismo), which chose March as the time to open in the lead-up to the high-traffic Semana Santa week in the largely Catholic nation.</p>
<p>The new initiative is &#8220;part of a comprehensive strategy to promote responsible tourism in the city, where visitors have access to quality experiences and local communities find pathways to dignify their work,&#8221; said Commerce Minister Germán Umaña Mendoz when announcing the initiative.</p>
<p>The Casa del Consumidor Turista, which is located on the first floor of the district mayor&#8217;s office within the historic Walled City, will also work toward similar goals carried out by Cartagena&#8217;s existing Visitor Service Centers and devote resources to help resolve disputes and infractions related to tourism.</p>
<p>Arturo Bravo, Colombia&#8217;s deputy minister of tourism, added that they will continue to work to &#8220;attract events that promote the city with ethical tourism and the protect the cultural and natural heritage.&#8221;</p>
<p style="text-align: right;"><em>(Photo credit: MinCIT)</em></p>
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		<title>Grupo Aval Will Pay $80 Million USD to Resolve Odebrecht Investigations by US and Colombian Authorities</title>
		<link>https://www.financecolombia.com/grupo-aval-will-pay-80-million-usd-to-resolve-odebrecht-investigations-by-us-and-colombian-authorities/</link>
		
		<dc:creator><![CDATA[Gustavo Mejia]]></dc:creator>
		<pubDate>Wed, 23 Aug 2023 04:24:32 +0000</pubDate>
				<category><![CDATA[BFSI - Financial Services]]></category>
		<category><![CDATA[Law, Justice & Peace]]></category>
		<category><![CDATA[Accusation Committee]]></category>
		<category><![CDATA[brazil]]></category>
		<category><![CDATA[Bribery]]></category>
		<category><![CDATA[congress]]></category>
		<category><![CDATA[Corficolombiana]]></category>
		<category><![CDATA[Fiscalia]]></category>
		<category><![CDATA[grupo aval]]></category>
		<category><![CDATA[Gustavo Petro]]></category>
		<category><![CDATA[José Elías Melo]]></category>
		<category><![CDATA[juan manuel santos]]></category>
		<category><![CDATA[Luis Carlos Sarmiento Angulo]]></category>
		<category><![CDATA[Nestor Humberto Martinez]]></category>
		<category><![CDATA[Norte deNorth of Santander]]></category>
		<category><![CDATA[Odebrecht]]></category>
		<category><![CDATA[Óscar Iván Zuluaga]]></category>
		<category><![CDATA[procuraduria]]></category>
		<category><![CDATA[Roberto Prieto]]></category>
		<category><![CDATA[Ruta del Sol 2]]></category>
		<category><![CDATA[Superintendence of Industry and Commerce]]></category>
		<category><![CDATA[us department of justice]]></category>
		<guid isPermaLink="false">https://www.financecolombia.com/?p=27887</guid>

					<description><![CDATA[The resolution brings an end to the long-running corruption and bribery saga surrounding Corficolombiana and Odebrecht's illicit attempts to gain favor with officials overseeing the Ruta del Sol 2 highway project....]]></description>
										<content:encoded><![CDATA[<p><span style="font-weight: 400;"><a href="https://www.corficolombiana.com/" target="_blank" rel="noopener">Corficolombiana</a>, a Colombian financial services company majority-owned and controlled by <a href="https://www.grupoaval.com/" target="_blank" rel="noopener">Grupo Aval</a>, will pay more than $80 million USD to resolve bribery investigations related to the region-wide Odebrecht scandal being conducted by authorities in both the United States and Colombia.</span></p>
<blockquote><p>Photo: Colombian Attorney General Francisco Barbosa Delgado speaks to the press after the resolution was announced. (Credit: Fiscalía)</p></blockquote>
<p><span style="font-weight: 400;">According to the <a href="https://www.justice.gov/" target="_blank" rel="noopener">US Department of Justice</a> (DOJ), which announced the resolution of the charges earlier this month, Corficolombiana “conspired” with disgraced Brazilian construction giant Odebrecht to make illicit payments of more than $23 million USD to win favor with Colombian officials involved in the Ruta del Sol 2 highway project.</span></p>
<p><span style="font-weight: 400;">Specifically, between 2012 and 2015, the two firms were attempting to win a contract to build a 328-mile stretch of this major roadway that would be built in the northeast department of Norte de Santander, revealed the US investigators.</span></p>
<h3>Resolving the Odebrecht Investigation</h3>
<p><span style="font-weight: 400;">In resolving the investigation, the financial group acknowledged, as a whole, having carried out </span><a href="https://www.lasillavacia.com/historias/silla-nacional/grupo-aval-paga-la-factura-por-su-corrupcion-y-protege-a-sus-cabezas/"><span style="font-weight: 400;">illicit actions in conjunction with Odebrecht</span></a>,<span style="font-weight: 400;"> and Corficolombiana agreed to </span><a href="https://www.valoraanalitik.com/2023/08/11/razones-del-pago-que-haran-grupo-aval-y-corficolombiana-en-estados-unidos/"><span style="font-weight: 400;">withdraw its appeals</span></a><span style="font-weight: 400;"> against charges from Colombia’s Superintendence of Industry and Commerce (SIC). It also committed to continue collaborating with both US and Colombian authorities for the next three years in their fight against corruption and economic malpractices.  </span></p>
<p><span style="font-weight: 400;">Additionally, the DOJ agreed to substantially reduce the initial fine of $40 million USD that had previously been sought, per reports.</span></p>
<p><span style="font-weight: 400;">Grupo Aval released a press statement highlighting that it was not the subject of the US DOJ charges, nor accusations from the US Securities and Exchange Commission (SEC), while noting that the resolution focused on “actions taken by a former Corficolombiana executive” and that both it and Corficolombiana have been working to improve controls since the revelation.</span></p>
<p><span style="font-weight: 400;">“The DOJ and SEC recognized Corficolombiana’s and Grupo Aval’s extensive cooperation with the investigations and that, in the many years since the events occurred, Corficolombiana and Grupo Aval have enhanced their compliance programs and internal controls,” stated Grupo Aval. </span></p>
<p><span style="font-weight: 400;">It added that, “Corficolombiana and Grupo Aval consider this painful chapter closed, insisting on their commitment to the highest ethical standards and the continuous strengthening of their control environment.”</span></p>
<h3><b>The Rotten Tentacles of Odebrecht Spread Wider</b></h3>
<p><span style="font-weight: 400;">On the heels of the Grupo Aval settlement, Colombian Attorney General Francisco Barbosa announced from Washington that Luis Fernando Andrade, former head of the National Infrastructure Agency (ANI), </span><a href="https://www.fiscalia.gov.co/colombia/noticias/fiscalia-llama-a-imputacion-de-cargos-a-33-personas-entre-funcionarios-y-exfuncionarios-de-la-ani-dentro-del-caso-odebrecht-por-presuntas-irregularidades-en-6-otrosies-de-ruta-del-sol-ii/"><span style="font-weight: 400;">had been indicted</span></a><span style="font-weight: 400;">, along with 33 past and present government officials plus dozens more individuals, for their role in the Odebrecht scandal.</span></p>
<p>These two major developments represent just the latest in a near-decade-long scandal that has rocked the entire hemisphere.</p>
<p>Since its illicit activities came to light last decade, the scope and reach of Odebrecht&#8217;s corruption has only continued to be uncovered. <span style="font-weight: 400;">The Brazil-based conglomerate, which has arms in sectors from construction and infrastructure to real estate and transportation, paid some $788 million USD in kickbacks for more than 100 public construction projects in 11 Latin American countries, as well as in Angola and Mozambique in Africa, according to official figures compiled by </span><span style="font-weight: 400;">German outlet <a href="https://www.dw.com/es/la-cadena-de-corrupci%C3%B3n-de-odebrecht-los-casos-m%C3%A1s-destacados-en-am%C3%A9rica-latina/a-46367480" target="_blank" rel="noopener">Deutsche Welle</a></span>.</p>
<p><span style="font-weight: 400;">The enormity and duration of the scandal has only exacerbated the entire region&#8217;s outrage against corruption, which costs Latin America </span><span style="font-weight: 400;">around $140 billion USD each year — or some 3% of regional gross domestic product (GDP) — according to Global Financial Integrity, a specialized consulting firm.</span></p>
<h3>The Ongoing Political Fallout in Colombia</h3>
<p>Beyond the national anger toward corporate sector corruption, <span style="font-weight: 400;">in Colombia, Odebrecht illegal activities have stained some of the highest-ranking politicians, including the 2014 campaigns of both former President Juan Manuel Santos and the candidate he defeated, Óscar Iván Zuluaga, who currently faces criminal charges before the court.</span></p>
<p><span style="font-weight: 400;">Despite Santos </span><a href="https://www.lasillavacia.com/historias/silla-nacional/cerrados-los-casos-contra-santos,-a%C3%BAn-tiene-cabos-sueltos-con-la-corrupta-odebrecht/"><span style="font-weight: 400;">not being implicated</span></a><span style="font-weight: 400;"> by the House of Representatives’ accusation committee, by a vote of six to three, the </span><a href="https://www.swissinfo.ch/spa/odebrecht-colombia_caso-odebrecht--inhabilitan-y-multan-a-exgerente-de-la-campa%C3%B1a-de-juan-manuel-santos/48568604"><span style="font-weight: 400;">Procuraduría recently disqualified Roberto Prieto</span></a><span style="font-weight: 400;">, the manager of his 2014 campaign, from holding office or contracting with the state for 12 years due to charges that he submitted false reports to the National Electoral Council (CNE) about contributions from the Brazilian multinational Odebrecht.</span></p>
<p><span style="font-weight: 400;">The attorney general also last month </span><a href="https://www.financecolombia.com/oscar-zuluaga-charged-with-fraud-in-campaign-finance-fallout-from-odebrecht-scandal/"><span style="font-weight: 400;">indicted former Zuluaga</span></a><span style="font-weight: 400;">, the hand-picked candidate of powerful former President Álvaro Uribe, for falsifying a private document, procedural fraud, and illicit enrichment of individuals.</span></p>
<p><span style="font-weight: 400;">While former attorney general Nestor Humberto Martínez has not faced justice, his reputation has been greatly stained as then-head of the nation&#8217;s prosecution arm — in addition to his former ties to Grupo Aval. </span><span>In response to the recent settlement announcement, Colombian President Gustavo Petro publicly chastised his political rival Martínez and described his ties with the Grupo Aval as </span><a href="https://twitter.com/petrogustavo/status/1690719562839228417?s=20"><span>an “incestuous relationship”</span></a><span> that in the end “prevented a transparent trial in the case and the discovery of those bribed, who are currently senior political leaders.”</span></p>
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		<title>Colombian Minister of Transportation Speaks Out On Viva Situation, Government Actions</title>
		<link>https://www.financecolombia.com/colombian-minister-of-transportation-speaks-out-on-viva-situation-government-actions/</link>
		
		<dc:creator><![CDATA[Loren Moss]]></dc:creator>
		<pubDate>Thu, 02 Mar 2023 18:12:21 +0000</pubDate>
				<category><![CDATA[Travel & Hospitality]]></category>
		<category><![CDATA[aerocivil]]></category>
		<category><![CDATA[argentina]]></category>
		<category><![CDATA[avianca]]></category>
		<category><![CDATA[colombia]]></category>
		<category><![CDATA[Gustavo Petro]]></category>
		<category><![CDATA[gustavo petrol civil aviation]]></category>
		<category><![CDATA[Ministry of Transportation]]></category>
		<category><![CDATA[Ombudsman]]></category>
		<category><![CDATA[peru]]></category>
		<category><![CDATA[riohacha]]></category>
		<category><![CDATA[san andres]]></category>
		<category><![CDATA[santa marta]]></category>
		<category><![CDATA[SIC]]></category>
		<category><![CDATA[Superintendence of Industry and Commerce]]></category>
		<category><![CDATA[Viva]]></category>
		<category><![CDATA[Viva Air]]></category>
		<guid isPermaLink="false">https://www.financecolombia.com/?p=26106</guid>

					<description><![CDATA[Government inspectors took evidence from Viva &#038; Avianca offices, while Avianca's CEO &#038; General Counsel left the country....]]></description>
										<content:encoded><![CDATA[<p>After Colombian low cost carrier <a href="https://www.vivaair.com/co/es">Viva </a>ceased operations leaving thousands unemployed and tens of thousands of travelers stranded, Colombian government officials had an urgent meeting on Thursday to ascertain the situation and determine appropriate steps on the part of the government. Afterwards, they held a press conference to summarize discussions for the public. Finance Colombia presents the transcripts below.</p>
<p><strong> </strong><strong>Guillermo Reyes:</strong> Good afternoon everyone, in the meeting held with the Mr. President of the Republic, the Director of Civil Aviation, the superintendents of Industry and Commerce of <a href="https://www.mintransporte.gov.co/">Transportation,</a> the vice-minister of Infrastructure, the presidential adviser, and the delegated superintendent for the consumer protection, we can say that we arrived to the following conclusions that we share with all of the Colombian people.</p>
<p>In the first place, we made a revision aimed, as arranged by the Mr. President of the Republic, at how the state, the national government, must guarantee as its priority the protection of the over 460.000 passengers in tickets and reservations that have been acquired in this year 2023. For the month of March alone we have over 230.000 tickets already acquired by passengers, and it&#8217;s one of the main focus points considered in this meeting.</p>
<p>In the second place, the “World Power Government of Life,” the Government of Change, President Gustavo Petro restates that his priority is the protection of the rights of users and workers of aerial transportation, in this case, the Viva airline.</p>
<p>In the third place, in this sense, <a href="https://www.aerocivil.gov.co/">the Civil Aviation</a>, the Superintendence of Industry and Commerce, and the superintendence of Transportation, will continue to evaluate the measures that each, on the exercise of their respective powers, must take to protect the aforementioned rights.</p>
<p>In fourth place, the <a href="https://www.sic.gov.co/">Superintendence of Industry and Commerce</a> is at this moment in 19 airports of the national territory, where there have been difficulties with passengers that have not been able to fly because of Viva&#8217;s decision, offering an orientation to all affected passengers. And through the exercise of its jurisdictional functions, in the following hours will begin to proclaim the first verdicts about the requests of these affected passengers, as well as the precautionary measures that may consist of the rearrangement of passengers in other airlines, refund of the money spent in tickets, and the guarantee of providing food and lodging to these passengers while they are moved to a flight offered by other airlines in response of Viva&#8217;s suspension of flights.</p>
<p>In fifth place, today the superintendence of Transportation has initiated and communicated to the public opinion an administrative investigation against Viva, dictating an administrative order to go through with the obligations generated by the contract of transportation, as part of the protection of users&#8217; rights, for which they have been given three days to fulfill. In the same vein, this superintendence will push forward for the rest of the proceedings to take place.</p>
<p>Sixth, Civil Aviation will continue its process of revision of integration as solicited by airlines Avianca and Viva within the due administrative process, and with a clear proposition for the protection of users of aerial transport, and the over 1700 workers of Viva airline. The line of our President, of our Government of Change, is the protection of users and the protection of workers.</p>
<p>Seventh, we will continue the task of accommodating, as was arranged yesterday when the director of Civil Aviation put together and integrated the position of unified command, comprised of the management of said entity, and the representatives of the different airlines, in all available offers, so all available seats in those airlines may be taken by passengers of Viva. Today we will concentrate on the critical focus points, where Civil Aviation is already taking immediate measures, in particular the air terminals of Santa Marta, Ríohacha, and San Andrés. The position of unified command will be giving in the following hours the available measures and flights. Yesterday, out of more than 17.000 passengers, over 10.000 were moved to different flights and managed to get to their destinations.</p>
<p>Finally, this Minister, in virtue of the faculties of intervention as mentioned in article 32 of the law 1340 of 2009 with competition rules, warns that we are considering the option of taking measures, as many as necessary, so aviation market players are committed to continuing to operate in conditions that benefit the users of aerial transport. They are the necessary actions that may, if needed, reach intervention in the market, to protect the users and guarantee the conditions of balance and efficiency of the market of aerial transportation. Mister Director.</p>
<p><strong>Roberto Bossa:</strong> Thank you very much, everyone. Once again I apologize to the passengers for a situation that was induced and surprising for Civil Aviation. As well said by the Mr. Minister, this is an act of government authority among all the authorities here present. The authority of competence and consumer protection, the superintendence of Transportation and Civil Aviation, within their jurisdictions.</p>
<p>In this vein, Civil Aviation has arranged a Permanent Emergency Committee, or PMU, where requests are being met and all events to move passengers are being coordinated, for all those affected in this situation we are facing today. Like yesterday, we count on the collaboration and compromise of both the airports and aerial transports to achieve this goal, as we managed to evacuate the affected parties to Argentina, Peru, and we are doing the same with a series of national airports. The size of the fleets offered may change in some instances, to ensure greater seat availability for operators in some destinations, to be able to transport the people waiting to get to their destinations at this moment.</p>
<p>Likewise, it is an action of authority from the government, the complete authority, as said by the Minister, from its capacity to intervene in the market, and the Constitution that protects markets and allows these state actions, and the Civil Aviation, in this case, attending each airport; with special gratitude to the SIC that has placed permanent consulting in airports so each passenger present can be advised in their respective demands, and this way offer a rapid verdict. So they can solve, individually if they wish, each of the situations and will be moved shortly.</p>
<p>The superintendence of transportation has helped and has been with us in airports, and has been with us in the requirements and the measures it has been exercising, both with Viva and the entire sector, so it can move forward in the solution of this crisis. Likewise, the Ombudsman Office, Home Office with its management, and everything related to the efforts of the local mayors and governors to serve the affected community. This is an immense mobilization in solidarity with the passengers, elucidating they are not alone, and that in each airport, all these authorities in cooperation are protecting their rights, finding solutions, or offering relief in whatever they may need to deal with the situation that the country and the aerial transport is facing today.</p>
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		<title>Colombian Government Fines Abbott Laboratories’ Lafrancol Unit For Price Gouging</title>
		<link>https://www.financecolombia.com/colombian-government-fines-abbott-laboratories-lafrancol-unit-for-price-gouging/</link>
		
		<dc:creator><![CDATA[Loren Moss]]></dc:creator>
		<pubDate>Tue, 05 Apr 2022 00:25:26 +0000</pubDate>
				<category><![CDATA[Corporate Responsibility, Giving]]></category>
		<category><![CDATA[Food, Health & Agriculture]]></category>
		<category><![CDATA[Law, Justice & Peace]]></category>
		<category><![CDATA[abbot labs]]></category>
		<category><![CDATA[abbot lobs]]></category>
		<category><![CDATA[Abbott Laboratories]]></category>
		<category><![CDATA[abbott labs]]></category>
		<category><![CDATA[abt]]></category>
		<category><![CDATA[atelit]]></category>
		<category><![CDATA[betaplex]]></category>
		<category><![CDATA[circular 4]]></category>
		<category><![CDATA[colombia]]></category>
		<category><![CDATA[disgrasil]]></category>
		<category><![CDATA[drugtech]]></category>
		<category><![CDATA[furoate]]></category>
		<category><![CDATA[laboratorio franco colombiano]]></category>
		<category><![CDATA[lafigin]]></category>
		<category><![CDATA[Lafrancol]]></category>
		<category><![CDATA[lafrancol sas]]></category>
		<category><![CDATA[lafrancol.com]]></category>
		<category><![CDATA[lukast]]></category>
		<category><![CDATA[montelukast]]></category>
		<category><![CDATA[National Commission on Prices of Medicines and Medical Devices]]></category>
		<category><![CDATA[normolip]]></category>
		<category><![CDATA[nyse]]></category>
		<category><![CDATA[nyse: abt]]></category>
		<category><![CDATA[price gouging]]></category>
		<category><![CDATA[rhinobudex]]></category>
		<category><![CDATA[SIC]]></category>
		<category><![CDATA[Superintendence of Industry and Commerce]]></category>
		<category><![CDATA[valcote]]></category>
		<category><![CDATA[valsartan]]></category>
		<category><![CDATA[valtan]]></category>
		<guid isPermaLink="false">https://www.financecolombia.com/?p=24243</guid>

					<description><![CDATA[The international pharma company was charging Colombians over 400% of the maximum legal price for several vital medicines....]]></description>
										<content:encoded><![CDATA[<p>Colombia’s corporate regulator, the <a href="https://www.sic.gov.co/slider/superindustria-multa-laboratorio-lafrancol-por-exceder-el-precio-de-venta-de-medicamentos">Superintendence of Industry and Commerce</a> at the end of March ruled that it has fined <em>the Laboratorio Franco Colombiano Lafrancol SAS</em> $1.25 billion pesos (approximately $333,451 US dollars) for exceeding the maximum sale price of many important medicines in Colombia, violating the provisions of Circular 4 of 2012 and Circular 4 of 2018 regulations set forth by the National Commission on Prices of Medicines and Medical Devices.</p>
<blockquote><p>The regulator said the international pharma company was charging Colombians over 400% of the maximum legal price for several vital medicines.</p></blockquote>
<p>It is important to note that many medicines deemed essential in Colombia are subsidized or paid for by public funds, giving the government a say in the pricing. A government investigation determined that Lafrancol was in fact marketing medicines paid for by public funds for up to 403.5% the maximum price set by government.</p>
<p>Lafrancol <a href="https://www.latam.abbott/about-us/abbott-in-latin-america.html">is owned </a>by global pharma firm Abbott Labs (NYSE: ABT), and has taken down its website. According to the internet archive, the Lafrancol site redirected to Abbott Labs as late as January 22 of this year, shortly before the price gouging charges were announced.</p>
<p>Finance Colombia reached out to Abbott Labs but as of press time has received no response.</p>
<h3>Drugs Lafrancol is accused of overcharging for in Colombia by the SIC:</h3>
<table style="height: 782px;" width="800">
<tbody>
<tr>
<td width="29%"><strong>Medicine</strong></td>
<td width="70%"><strong>Function</strong></td>
</tr>
<tr>
<td width="29%">Normolip nf</td>
<td width="70%">Treats very high levels of triglycerides</td>
</tr>
<tr>
<td width="29%">Disgrasil</td>
<td width="70%">Specific inhibitor of gastrointestinal lipases</td>
</tr>
<tr>
<td width="29%">Valsartan and Valtan</td>
<td width="70%">Control of high blood pressure</td>
</tr>
<tr>
<td width="29%">Rhinobudex</td>
<td width="70%">Prevent / relieve sneezing, runny nose, nasal polyps</td>
</tr>
<tr>
<td width="29%">Lukast</td>
<td width="70%">Used to prevent wheezing</td>
</tr>
<tr>
<td width="29%">Atelit</td>
<td width="70%">Treatment in acute coronary syndrome</td>
</tr>
<tr>
<td width="29%">Furoate</td>
<td width="70%">Local anti-allergic and anti-inflammatory action</td>
</tr>
<tr>
<td width="29%">Drugtech</td>
<td width="70%">Used as a serotonin and norepinephrine reuptake inhibitor</td>
</tr>
<tr>
<td width="29%">Valcote</td>
<td width="70%">Used as an alternative treatment of mania in bipolar disease</td>
</tr>
<tr>
<td width="29%">Montelukast</td>
<td width="70%">Used to improve asthma symptoms</td>
</tr>
<tr>
<td width="29%">Lafigin</td>
<td width="70%">Treats diseases such as epilepsy and bipolar disorder</td>
</tr>
<tr>
<td width="29%">Betaplex</td>
<td width="70%">Used as a treatment for high blood pressure</td>
</tr>
</tbody>
</table>
<p>&nbsp;</p>
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		<title>Avianca Loses Lawsuit By Woman Who Paid For Transatlantic 787 1st Class but Was Placed In A300 Economy</title>
		<link>https://www.financecolombia.com/avianca-loses-lawsuit-by-woman-who-paid-for-transatlantic-787-1st-class-but-was-placed-in-a300-economy/</link>
		
		<dc:creator><![CDATA[Loren Moss]]></dc:creator>
		<pubDate>Tue, 13 Jul 2021 17:43:11 +0000</pubDate>
				<category><![CDATA[Travel & Hospitality]]></category>
		<category><![CDATA[787]]></category>
		<category><![CDATA[a300]]></category>
		<category><![CDATA[airbus]]></category>
		<category><![CDATA[avh]]></category>
		<category><![CDATA[avianca]]></category>
		<category><![CDATA[bankrupt]]></category>
		<category><![CDATA[bankruptcy]]></category>
		<category><![CDATA[boeing]]></category>
		<category><![CDATA[bogotá]]></category>
		<category><![CDATA[business class]]></category>
		<category><![CDATA[cali]]></category>
		<category><![CDATA[casanova]]></category>
		<category><![CDATA[chapter 11]]></category>
		<category><![CDATA[colombia]]></category>
		<category><![CDATA[economy fair]]></category>
		<category><![CDATA[first class]]></category>
		<category><![CDATA[madrid]]></category>
		<category><![CDATA[pfavh]]></category>
		<category><![CDATA[SIC]]></category>
		<category><![CDATA[spain]]></category>
		<category><![CDATA[Superintendence of Industry and Commerce]]></category>
		<category><![CDATA[Superior Court of Bogota]]></category>
		<category><![CDATA[Supreme Court]]></category>
		<category><![CDATA[yesica lizeth casanova]]></category>
		<guid isPermaLink="false">https://www.financecolombia.com/?p=22666</guid>

					<description><![CDATA[Had the airline simply made Ms. Casanova whole, this case would not exist. However, the fact that Avianca chose to battle a $1,500 USD refund all the way to Colombia’s supreme court suggests a new, more hostile attitude towards the same passengers it once coddled....]]></description>
										<content:encoded><![CDATA[<p>It seems <a href="https://www.elcielohotel.com/suites?gclid=CjwKCAjw87SHBhBiEiwAukSeUSqUz81sn-jaS78XBSnrYsjb3NwgsPieSE1-zTsRSMftoipCiTG4FxoCYmcQAvD_BwE">Avianca is no longer the customer-centric airline it was a decade ago</a>. The Colombian airline, currently working through Chapter 11 bankruptcy in the US <a href="https://www.financecolombia.com/after-cutting-benefits-for-frequent-fliers-avianca-introduces-fares-with-no-checked-baggage-or-seat-selection/">has been cutting back on flyer benefits and amenities</a> while <a href="https://www.financecolombia.com/avianca-to-cram-24-more-seats-per-plane-amid-staggering-drops-in-net-income-passenger-traffic/">placing up to 24 more seats per plane i</a>n its workhorse Airbus A320s. But now, the airline has been sanctioned by the Colombian government for selling a traveler a first-class fare to Madrid, Spain on a widebody Boeing 787 (above photo) but placing her in economy class on a narrowbody Airbus A300.</p>
<p>Though the Boeing aircraft had to be pulled from service due to a maintenance directive, the airline neglected to inform the plaintiff, Ms. Yesica Lizeth Casanova in a timely manner and offer her a refund and other options. Rather, it kept her first class fare and then gave her a take-it-or-leave-it flight on the much smaller and spartan A300 without even a day&#8217;s prior notice.</p>
<p>The 10 hour flight took place on January 15 of last year. Casanova took her case to Colombia’s Superintendence of Industry and Commerce. On April 14, according to Colombian daily <em><a href="https://www.elespectador.com/judicial/mujer-le-gana-pleito-a-avianca-por-cambiarle-condiciones-de-vuelo-a-ultima-hora/">El Espectador</a></em>, the entity ruled in Casanova’s favor, granting her compensation of $5,973,000 Colombian pesos.</p>
<p>Rather than pay up, Avianca chose to fight, appealing the case to the Superior Court of Bogota, which also ruled in Casanova&#8217;s favor. Avianca could have just paid the modest amount (just over $1500 USD) and compensate Ms. Casanova, who clearly had suffered a “bait &amp; switch,” but it actually took the case to Colombia’s Supreme Court, who again ruled that the woman indeed had paid for but not received “the pleasant experience that Avianca offered through its website and the video it shows on its YouTube portal.”</p>
<h2>Avianca Responds</h2>
<p>Contacted by Finance Colombia for its side of the story, Avianca responded in writing, saying<em> &#8220;It is worth clarifying that in no way did the court&#8217;s decision impose a penalty on the airline. The company respects the decision made by the institution and calls for these cases to be analyzed in depth in order to be able to make assertive decisions for the parties. Likewise, Avianca reiterates its commitment to fulfilling its value proposition for passengers who decide to use an air service, which is adapted day by day to the needs of the market and its customers.&#8221;</em></p>
<h2>Analysis</h2>
<p>Had the airline simply made Ms. Casanova whole, this case would not exist. However, the fact that Avianca chose to battle a $1,500 USD refund all the way to Colombia’s supreme court suggests a new, more hostile attitude towards the same passengers it once coddled. Full-service airlines generally are expected to “go the extra nautical mile” for its highest value passengers, those willing to pay for 1<sup>st</sup> or business class. While all passengers deserve to be treated with decency and respect, it is especially puzzling why Avianca would risk such ill will with its most lucrative segment of travelers.</p>
<p>&nbsp;</p>
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		<title>72% Of All SIC Platform Complaints Against Airlines In Colombia Filed Against Avianca</title>
		<link>https://www.financecolombia.com/72-of-all-sic-platform-complaints-against-airlines-in-colombia-filed-against-avianca/</link>
		
		<dc:creator><![CDATA[Loren Moss]]></dc:creator>
		<pubDate>Sat, 20 Jun 2020 22:29:02 +0000</pubDate>
				<category><![CDATA[Travel & Hospitality]]></category>
		<category><![CDATA[aerorepublica]]></category>
		<category><![CDATA[airlines]]></category>
		<category><![CDATA[avianca]]></category>
		<category><![CDATA[aviation]]></category>
		<category><![CDATA[colombia]]></category>
		<category><![CDATA[complaints]]></category>
		<category><![CDATA[copa]]></category>
		<category><![CDATA[copa airlines]]></category>
		<category><![CDATA[disputes]]></category>
		<category><![CDATA[easyfly]]></category>
		<category><![CDATA[fast colombia]]></category>
		<category><![CDATA[latam]]></category>
		<category><![CDATA[mincomercio]]></category>
		<category><![CDATA[passenger rights]]></category>
		<category><![CDATA[SATENA]]></category>
		<category><![CDATA[SIC]]></category>
		<category><![CDATA[sica facilita]]></category>
		<category><![CDATA[Superintendence of Industry and Commerce]]></category>
		<category><![CDATA[superintendencia de industria y comercio]]></category>
		<category><![CDATA[traveler rights]]></category>
		<category><![CDATA[Viva Air]]></category>
		<guid isPermaLink="false">https://www.financecolombia.com/?p=20698</guid>

					<description><![CDATA[Colombian air travel passengers have battled with airlines over fare refunds more than any other complaint during the Coronavirus COVID-19 Pandemic, according to the Superintendence of Commerce....]]></description>
										<content:encoded><![CDATA[<p>According to data supplied by Colombia’s<em><a href="https://www.sic.gov.co/"> Superintendencia de Industria y Comercio,</a></em> or Superintendence of Industry and Commerce, Avianca led complaints by passengers during March, April &amp; May of 2020 via its <a href="https://sicfacilita.sic.gov.co/SICFacilita/index.xhtml">SIC FACILITA</a> dispute resolution platform with 315 formal complaints filed. LATAM was a far distant second with only 51 total complaints, Copa with 44, Easyfly with 21, and Satena only 5. Viva Air apparently had no complaints via the portal.</p>
<blockquote><p>Going into the Pandemic, it should be noted that Avianca was Colombia&#8217;s largest air carrier. Both Avianca &amp; LATAM are now in Chapter 11 Bankruptcy.</p></blockquote>
<p>On the other hand, Fast Colombia, S.A.S. the parent company of Viva Air led with 198 complaints outside of the platform, followed by Avianca with 89, Aerorepublica (Copa Airlines) with 60, and 96 total complaints for all other airlines.</p>
<p>Likely due to reduced traffic due to the pandemic, complaints were down 54% in March from the year before, and down 21.5% in April. Complaints were up 5.8% due apparently to disputes between passengers and carriers over refunds of prepaid airfares and change fees.</p>
<p>The Superintendence of Commerce issued a statement clarifying the procedures for travelers unhappy with airlines operating in Colombia.</p>
<ol>
<li>Travelers may denounce the airline before Colombia’s <a href="supertransporte.gov.co">Superintendence of Transportation </a>to begin an investigation leading to possible sanctions based on any irregularities found. This should only happen after first seeking redress with the Airline directly.</li>
<li>Once this is done, travelers may avail themselves of the SIC Facilita dispute conciliation tool that seeks to mediate an amicable solution. <a href="https://sicfacilita.sic.gov.co/SICFacilita/index.xhtml">(Click here).</a></li>
<li>The airline has 15 days to respond. If they don’t respond or the response is not satisfactory, passengers have the right to file an administrative suit with the Delegation of Judicial Affairs of the Superintendence of Commerce.</li>
</ol>
<div id="attachment_20701" style="width: 739px" class="wp-caption aligncenter"><a href="https://www.financecolombia.com/wp-content/uploads/2020/06/motivos.jpg"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-20701" class="wp-image-20701 size-large" src="https://www.financecolombia.com/wp-content/uploads/2020/06/motivos-729x450.jpg" alt="According to the Superintendence, 67.8% of the disputes during the period were over fare refunds." width="729" height="450" srcset="https://www.financecolombia.com/wp-content/uploads/2020/06/motivos-729x450.jpg 729w, https://www.financecolombia.com/wp-content/uploads/2020/06/motivos-777x480.jpg 777w, https://www.financecolombia.com/wp-content/uploads/2020/06/motivos-1555x960.jpg 1555w, https://www.financecolombia.com/wp-content/uploads/2020/06/motivos-405x250.jpg 405w, https://www.financecolombia.com/wp-content/uploads/2020/06/motivos-1536x948.jpg 1536w, https://www.financecolombia.com/wp-content/uploads/2020/06/motivos-768x474.jpg 768w, https://www.financecolombia.com/wp-content/uploads/2020/06/motivos-2048x1265.jpg 2048w, https://www.financecolombia.com/wp-content/uploads/2020/06/motivos-567x350.jpg 567w, https://www.financecolombia.com/wp-content/uploads/2020/06/motivos-200x124.jpg 200w, https://www.financecolombia.com/wp-content/uploads/2020/06/motivos.jpg 1600w" sizes="(max-width: 729px) 100vw, 729px" /></a><p id="caption-attachment-20701" class="wp-caption-text">According to the Superintendence, 67.8% of the disputes during the period were over fare refunds.</p></div>
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