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Colombia extended again and for 4 months of the suspension to remove the San Jose

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Updated:12/06/2019 03:52h

Colombia extended again, and by four months the provisional suspension of the process of selection to extract the Spanish galleon San Jose, sunk by English privateers off the coast of Cartagena in the EIGHTEENTH century.

Within four months, he began to count the 10 June 2019, with what the authorities should take a decision before October 10, according to a press release of the Ministry of Culture.

The colombian Government had already extended for three months the previous term to hire the company that will extract the San Jose to the fear involving losing national heritage, especially because of “the possibility that the payment to the contractor will be made through the delivery of parts extracted from the galleon”.

Before that decision, the Ministry of Culture explains that the last 19th of march it started a process of consultation with the Council of State, which was also referred to the Secretariat’s Legal the Presidency of the Republic for the examination and approval of the mining project.

In addition, consider that it is “prudent to delve into legal concepts on the subject”, especially “given the impossibility of bringing forward the query to the Consultation Room of the Civil Service of the State Council”.

For this reason, the Ministry will request support to the National Agency of Defence Legal in the State, since “there are no precedents in jurisprudence, or doctrinal about the particular” why postpone for four months the decision.

When the Government decided to defer in march of last year for three months the decision believed that if they handed over parts of San Jose to the contractor would be part of the history of Colombia to remain “dispersed by the antique dealers of the world and it would be an unacceptable precedent for the rescue of future ships“.

The finding of the San Jose was announced in November 2015 by the previous colombian president, Juan Manuel Santos, whose Government launched a call for tenders with foreign companies to extract the wreck from the bottom of the sea, which included a percentage of the valuable load of precious metals, which carried the vessel as part payment for that work.

The Government of Ivan Duque, the successor of Saints in the Presidency, has been delayed on several occasions, the deadlines for the hiring of the company that will recover the galeon.

Colombia has a law, the 1675 July 30, 2013, which aims to “protect, highlight and recover the Cultural Heritage Submerged“.

According to this law, are part of that heritage any remains that are in the waters of colombia, including “the species náufragas constituted by the ships or naval artifacts and their endowment, their remains, or parts, envelopes or items lying within these, whatever their nature or state, and whatever the cause of the dive, sinking or wrecking”.

This law sets out, however, that “are not considered to be cultural heritage submerged” to the “commercial loading constituted by materials in their rough state, whatever their origin, such as pearls, corals, precious and semi precious stones, sands and woods”, as well as the “goods furniture series that would have had exchange value or tax, such as coins and bullion”.

In addition, it includes the possibility of forming a public-private alliance for that, a company treasure hunt to recover the wreck and get a compensation of “up to 50 % of the value of the goods (in this case, in the galleon) that do not constitute cultural heritage of the nation.”

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