First of all, Commercial Sexual Exploitation of Children and Adolescents (ESCNNA) in the context of travel and tourism is a conduct that is classified by the Penal Code in the following terms: “Anyone who directs, organizes or promotes tourist activities that include the sexual use of minors will incur a prison sentence of four (4) to eight (8) years. The penalty will be increased by half when the conduct is carried out with a minor under twelve (12) years of age.”

In turn, Law 679 of 2001 “By means of which a statute is issued to prevent and counteract exploitation, pornography and sexual tourism with minors, in development of article 44 of the Constitution,” establishes the following points on the subject:

Tourist service providers will refrain from offering plans for sexual exploitation of minors in tourist programs. They must also adopt measures to prevent their employees or intermediaries from offering sexual contact with minors (Art. 16).

Travel and Tourism Agencies must include in their advertising information on the legal consequences of the sexual exploitation and abuse of minors in the country (Art. 17).

The Ministry of Commerce, Industry and Tourism inspects and controls tourism promotion activities in order to prevent prostitution and sexual abuse of minors and will sanction the providers of tourist services involved (Art. 18).

Tourist Service Providers will be administratively sanctioned for the following conduct (Art. 19)

Using advertising that suggests the provision of sexual tourist services with minors.

Providing information to tourists about places where sexual services are provided with minors.

Driving tourists to establishments where sexual services are provided with minors or driving minors to places where tourists are staying, even on the high seas.

Renting vehicles or using tourist routes for the purposes of prostitution or sexual abuse of minors.

Allowing entry of minors to establishments for prostitution purposes.

The sanctions that can be imposed for carrying out any of the above conducts are (Art. 20)

Fine of up to 300 SMLMV.

Suspension of the RNT for up to 90 calendar days.

Cancellation of the RNT, which will imply the prohibition of carrying out tourist activities for 5 years.

They cannot be beneficiaries of the Certificate of Tourist Development.

The National Police is granted surveillance and control functions against this crime.

On the other hand, Law 1336 of 2009 "By means of which Law 679 of 2001 is added to and strengthened, on the fight against exploitation, pornography and sexual tourism with children and adolescents", establishes the following points:

Providers of tourist services must adopt a code of conduct that promotes prevention policies and avoids the sexual exploitation of minors. These codes must be posted in public places and updated when necessary. The Ministry of Commerce, Industry and Tourism will coordinate, in conjunction with the representative bodies of the sector, a model for said codes (Art. 1).

The Ministry of Commerce, Industry and Tourism, district and municipal authorities will ensure compliance with the codes of conduct.

In order to register or renew the RNT, Tourist Service Providers are required to adhere to the code of conduct (Art. 5).

Tourist Service Providers must participate with the Ministry of Commerce, Industry and Tourism in awareness and information strategies on sexual tourism with minors (Art. 6).

Tourist Service Providers will collaborate, through their programs to promote tourist plans, in the dissemination of prevention campaigns against sexual exploitation with minors, when requested by the Ministry or the ICBF.

Pursuant to the previous mandate, the Ministry of Commerce, Industry and Tourism issued Resolution 3840 of 2009 “By which it establishes the Code of Conduct contemplated in article 1 of Law 1336 of July 21, 2009 and dictates other provisions”, which indicates that:

Providers of tourist services will adopt a Code of Conduct, which must be complied with by directors and all employees and will incorporate at least the following control measures:

Not to offer plans for sexual exploitation of minors in tourist promotion programs.

Not to give information to tourists about places where commercial sexual exploitation of minors is coordinated or practiced.

Not to drive tourists to places where commercial sexual exploitation of minors is practiced, as well as drive them to the places where tourists are staying.

Not to provide vehicles or tourist routes for the purpose of sexual exploitation or abuse.