SARLAFT & SAGRILAFT Compliance in Colombia

## Money Laundering and Financing of Terrorism Risk Management System The Money Laundering and Terrorist Financing Risk Management System (SARLAFT) is a crucial tool for companies in Colombia. Designed to prevent and mitigate the risks associated with money laundering and terrorist financing, SARLAFT has become an essential component for regulatory compliance in the country. This article provides a detailed guide to SARLAFT, addressing its importance, key components, implementation and benefits for Colombian companies. ### What is SARLAFT? SARLAFT is a comprehensive system that seeks to identify, evaluate, monitor and control the risks associated with money laundering and terrorist financing in organizations. This system is mandatory for several entities in Colombia, including banks, insurance companies, brokerage firms, and companies that handle significant resources. Implementing SARLAFT not only helps to comply with legal regulations, but also protects companies from possible sanctions and reputational damage. ### Importance of SARLAFT in the Colombian Business Context ### Regulatory Compliance Compliance with regulations related to money laundering and terrorist financing is essential to avoid legal and financial sanctions. The Superintendencia Financiera de Colombia and other regulatory entities impose strict requirements for the implementation of SARLAFT, and non-compliance can result in significant fines and loss of operating licenses. ### Reputation Protection Companies that are perceived to be involved in illegal activities may suffer irreparable damage to their reputation. The implementation of an effective SARLAFT system demonstrates an organization’s commitment to ethics and legality, enhancing the confidence of customers, investors and other stakeholders. ### Fraud Prevention A well-implemented SARLAFT allows companies to detect and prevent suspicious and fraudulent activities, thus protecting their resources and minimizing financial risks. ### Key Components of SARLAFT ### Risk Identification and Assessment Risk identification is the first step in the implementation of SARLAFT. Companies should evaluate their operations and determine which areas are most vulnerable to money laundering and terrorist financing activities. This includes the review of customers, products, services and distribution channels. ### Policies and Procedures Developing clear policies and procedures is fundamental to risk management. These policies must be specific, detailed and aligned with current legal regulations. Including due diligence procedures, continuous monitoring and suspicious activity reporting is crucial to the success of the system. ### Training and Awareness Ongoing staff training is essential to ensure the effectiveness of SARLAFT. Employees must be aware of the risks, know the company’s policies, and know how to identify and report suspicious activity. ### Monitoring and Reporting Constant monitoring of the company’s transactions and activities allows early detection of irregularities. Organizations must have technological systems that facilitate data analysis and the generation of reports for the corresponding authorities.  ### Implementation of SARLAFT in your Company ### Initial Diagnosis The first step to implement SARLAFT is to perform an initial diagnosis to identify the risk areas and the specific needs of the company. This diagnosis should be carried out by experts in regulatory compliance and risk management. ### System Design Based on the initial diagnosis, a SARLAFT system should be designed that includes policies, procedures and appropriate technological tools. It is important that this design is customized to meet the particularities of each company. ### Implementation and Training Once the system has been designed, it is implemented. This includes the configuration of technology systems, documentation of policies and procedures, and training of the personnel involved. ### Continuous Monitoring Ongoing monitoring is essential to ensure the effectiveness of SARLAFT. Companies must conduct periodic audits and system updates to adapt to new regulations and changes in the risk environment. ### Benefits of SARLAFT for Colombian Companies ### Improved Risk Management Implementing SARLAFT allows companies to better manage the risks associated with money laundering and terrorist financing, reducing the likelihood of penalties and financial losses. ### Increasing Stakeholder Confidence An effective SARLAFT system improves the perception of the company among customers, suppliers, investors and other stakeholders, strengthening business relationships and attracting new business opportunities. ### Compliance with International Standards In addition to complying with national regulations, a good SARLAFT system helps companies to align with international regulations, facilitating their expansion and operations in global markets. ## Conclusions SARLAFT is an indispensable tool for companies in Colombia, not only to comply with legal regulations, but also to protect their reputation and financial resources. Implementing an effective SARLAFT system requires a comprehensive approach that includes risk identification and assessment, development of policies and procedures, staff training and ongoing monitoring. The benefits of a well-implemented SARLAFT are significant, improving risk management and increasing stakeholder confidence. ## Cybergraphy 1. [Financial Superintendency of Colombia](https://www.superfinanciera.gov.co/) 2. [Financial Information and Analysis Unit (UIAF)](https://www.uiaf.gov.co/) 3. [Bank of the Republic of Colombia](https://www.banrep.gov.co/en) 4. [Ministry of Finance and Public Credit of Colombia](https://www.minhacienda.gov.co/) [If you need more information, Contact Us!](https://serviciolegal.com.co/en/contact-us)

Colombia is a strategic country for many companies in the world, and with this in mind, a series of benefits of foreign investment in Colombia have been developed for companies to take advantage of. Colombia is a country with many opportunities for growth, both internally and externally. Its great location, policies, diversity and great labor force make it the perfect place to invest in different industrial sectors with great growth possibilities. Against this backdrop, the national government has developed a series of benefits of foreign investment in Colombia for companies, which we will present in this blog. ## It has a strategic and privileged location The first of the benefits of foreign investment in Colombia for companies is about the location of the country, a great attraction if you as a company want to connect with other countries in the Americas. Colombia has access to two important maritime areas that connect the countries, the Caribbean Sea and the Pacific Ocean. This is especially attractive for maritime import processes, as it facilitates the transport of goods arriving in the country, and from there they can be sent to other destinations. Speaking of destinations, Colombia connects with the main cities in the Americas in an average of 6 hours by air, a great benefit if you wish to carry out operations by air. ## Large free zones Free trade zones are a great attraction for companies, since they give them certain privileges in the execution of their work activities within the country. Free trade zones are areas within the country that have a series of special regulations that have a positive impact on the company’s bidding activity. Among the benefits of free trade zones in Colombia are. * Special 20% income tax rate (outside a free trade zone, this tax is 35% in 2022). * Goods entering these zones are exempt from taxes (VAT). * In turn, purchases made by companies in free trade zones of raw materials, inputs or finished goods from tax zones in the country are exempt from taxes. * Companies can sell their products from free trade zones to third countries. * Goods entering the free zones may remain in them indefinitely.  ## Multiple tax benefits Another of the benefits of foreign investment in Colombia for companies, and the one that attracts the most attention, is the possibility of acquiring multiple tax benefits. Foreign capital is highly valued in Colombia, which is why it has developed a series of tax benefits that allow investors to grow within our country. Mega investments, in particular, have the following benefits as long as they are made between January 1, 2020 and January 1, 2024: 1. Enjoy a 27% income tax rate. 2. To be exempt from excise tax on dividends and wealth tax. 3. Be able to depreciate its assets over a minimum period of two years, regardless of the useful life of the asset. 4. To be able to sign tax stability contracts, which allows the state to guarantee the investor the validity of the aforementioned benefits. ## In conclusion These benefits of foreign investment in Colombia for companies are really attractive and represent a great opportunity for growth for both the country and the company. Also remember that, if you register the investments made in our country before the International Exchange Department of the Banco de la República, and these exceed 650 Minimum Legal Wages in Force, it allows you to access the [ **resident visa** ](https://serviciolegal.com.co/en/services/inmigration-law) (R). So foreign investors, take advantage of these benefits and take Colombia as a destination to grow.

The fiscal area refers to everything related to taxation and revenue collection for the State. It includes tax legislation and regulations, as well as compliance with tax obligations by companies and individuals. It is relevant because taxes are an important source of revenue for the State and are essential to finance public services, infrastructure and social programs. In addition, compliance with tax obligations is a legal duty that must be fulfilled by both companies and individuals, and non-compliance can lead to penalties and fines by the tax authorities. ## Companies and individuals may require legal consulting in the tax area for several reasons: **Interpretation of tax legislation:** Tax legislation can be complex and may vary from jurisdiction to jurisdiction. Legal consulting helps companies and individuals understand the tax laws and regulations applicable to their specific situation. **Tax burden optimization:** Tax consultants can help companies and individuals identify legal opportunities to reduce their tax burden, such as tax deductions, tax incentives or more efficient tax structures. **Tax planning:** Tax consultants can design appropriate tax strategies and planning to minimize risks and avoid future tax compliance issues. **Tax compliance:** Companies and individuals must file accurate and timely tax returns. Legal consulting can ensure that all requirements are met and avoid penalties for omissions or errors in reporting. **Representation before tax authorities:** In case of tax audits or inspections, tax consultants can represent companies or individuals before the tax authorities, protecting their rights and interests during the process. **Update on changes in tax laws:** Tax laws may change over time. Legal consulting allows companies and individuals to stay informed about the latest updates and adjust their strategies accordingly. In summary, legal consulting in the tax area is important to ensure proper compliance with tax obligations, avoid penalties and fines, optimize the tax burden and plan efficient and legal tax strategies. Tax consultants, generally attorneys specializing in tax law, have the knowledge and experience necessary to provide advice and representation in tax matters, ensuring compliance with regulations and protecting the interests of their clients. ## Cybergraphy <https://mexico.unir.net/derecho/noticias/que-es-derecho-fiscal/>

## SAT Minsalud: what it is and why it matters The **Transactional Affiliation System (SAT)** of the **Ministry of Health and Social Protection of Colombia** is the official digital platform for **health affiliation, updates, and EPS transfers** through the **Mi Seguridad Social** portal. Although designed to **streamline processes** and ensure continuity, it is now widely reported as a **source of rights violations**. Citizens across Colombia have faced **irregular EPS transfers** in SAT **without their consent**, amounting to **identity theft and digital fraud**. ## Illustrative case in Medellín: irregular transfer in SAT In Medellín, a member of **EPS Sura** and his **90-year-old dependent** were **irregularly transferred to EPS Salud Total** via SAT. The system falsely recorded that the user himself requested the transfer, which never happened. This situation involved: - **Identity theft.** - **Unauthorized use of sensitive personal data.** - **Violation of privacy and digital security.** - **Falsification of official electronic records.** The case was reported to the **Prosecutor’s Office, the National Superintendency of Health, and the Office of the Inspector General (Procuraduría)**. However, to date, no effective action has been taken, leaving the users unprotected. ### Rights violated in this case - **Personal data protection** (Law 1581 of 2012). - **Right to health and life**, due to the risk of interrupted treatments. - **Right to due process**, with an administrative act carried out without consent. - **Right to privacy and human dignity.** - **Right to social security.** This example shows how **SAT has become a platform that violates citizens’ rights** due to weak security and oversight.  ## Legal framework regulating SAT - **Decree 2353 of 2015:** Creates SAT as a single affiliation system. - **Decree 780 of 2016 (DUR Health):** Establishes continuity and transfer rules. - **Resolution 768 of 2018:** Defines SAT’s operational conditions. - **Resolution 1128 of 2020:** Prohibits irregular transfers and reinforces data protection. Despite this legal framework, **irregular transfers and identity fraud cases** remain a serious problem. ## SAT and data protection risks The Ministry of Health claims its systems are certified under **ISO 27001**. In practice, however, multiple citizens have reported: - **Non-consensual transfers** carried out through SAT. - Lack of transparency on how these transfers occur. - Exposure of personal data to **cybercrime and fraud risks**. Instead of protecting users, SAT has turned into a **risk for privacy and health rights**. ## Who can reverse an irregular transfer in SAT? It is essential to clarify: - **EPS cannot reverse transfers.** - The **only entity authorized to reverse an irregular transfer is the Ministry of Health through SAT**. - To proceed, the Ministry requires the user to **submit a copy of the criminal complaint filed with the Prosecutor’s Office** for crimes such as **identity theft, computer fraud, and misuse of personal data**. This means victims must take both **administrative and criminal action** for a transfer to be reversed. ## Legal and administrative actions in case of irregular transfer ### 1. Verify and collect evidence - Check your affiliation status on **Mi Seguridad Social**. - Save **screenshots and official certificates**. ### 2. Notify your EPS - Inform both the origin and destination EPS. - EPS cannot reverse transfers but must ensure **continuity of services** while the case is resolved. ### 3. File a criminal complaint - Report to the **Prosecutor’s Office** for **identity theft, computer fraud, and data misuse**. - Attach a copy of the complaint to the Ministry of Health request. ### 4. Request reversal from the Ministry of Health – SAT - File a **PQRD** (petition, complaint, or request) with the Ministry of Health. - Attach the criminal complaint and request reversal of the irregular transfer. ### 5. File a complaint with the Inspector General’s Office - Submit a **disciplinary complaint** against public officials who may have been negligent or complicit. - The **Procuraduría** can investigate and sanction public servants for **negligence, abuse of authority, or corruption**. ### 6. Complaint before the Superintendency of Health - File a formal complaint so the **Supersalud** oversees the Ministry’s handling of the case. ### 7. Constitutional protection (tutela) - If your health or life is at imminent risk, file a **tutela action** so a judge orders immediate reversal and continuity of treatment.  ## Frequently asked questions (FAQ) **1. What is SAT in Colombia?** It is the official platform for health affiliation and EPS transfers. **2. What risks exist in SAT?** Irregular EPS transfers, identity theft, and misuse of personal data. **3. Who can reverse an irregular transfer?** Only the **Ministry of Health**, and only after a **criminal complaint** is filed. **4. What rights are violated in an irregular transfer?** Health, life, privacy, personal data, due process, human dignity, and social security. **5. What should a victim do?** - Gather evidence. - Notify EPS. - File a criminal complaint. - Request reversal from the Ministry. - File complaints with Supersalud and Procuraduría. - File tutela if urgent. **6. Can EPS reverse transfers?** No, EPS have no legal authority. Only the Ministry of Health through SAT can reverse them. ## Conclusion The **SAT platform**, intended to improve efficiency, has become a **system that violates fundamental rights**. Cases like the one in Medellín show that without strong oversight, citizens face serious risks to their health, dignity, and security. *Consult with an expert lawyer in SAT, health, and data protection to guarantee your rights against irregular transfers and identity theft.*