Sector: Business Services
Obligations Concerned: National Treatment (Article 11.2) Local Presence (Article 11.5)
Level of Government: Central
Measures: Export Trading Company Act of 1982, 15 U.S.C. §§ 4011-4021 15 C.F.R. Part 325
Description: Cross-Border Trade in Services
Title III of the Export Trading Company Act of 1982 authorizes the Secretary of Commerce to issue “certificates of review” with respect to export conduct. The Act provides for the issuance of a certificate of review where the Secretary determines, and the Attorney General concurs, that the export conduct specified in an application will not have the anticompetitive effects proscribed by the Act. A certificate of review limits the liability under federal and state antitrust laws in engaging in the export conduct certified. Only a “person” as defined by the Act can apply for a certificate of review. “Person” means “an individual who is a resident of the United States; a partnership that is created under and exists pursuant to the laws of any State or of the United States; a State or local government entity; a corporation, whether organized as a profit or nonprofit corporation, that is created under and exists pursuant to the laws of any State or of the United States; or any association or combination, by contract or other arrangement, between such persons.” A foreign national or enterprise may receive the protection provided by a certificate of review by becoming a “member” of a qualified applicant. The regulations define “member” to mean “an entity (U.S. or foreign) that is seeking protection under the certificate with the applicant. A member may be a partner in a partnership or a joint venture; a shareholder of a corporation; or a participant in an association, cooperative, or other form of profit or nonprofit organization or relationship, by contract or other arrangement.”
Sector: Business Services
Obligations Concerned: National Treatment (Article 11.2) Local Presence (Article 11.5)
Level of Government: Central
Measures: Export Administration Act of 1979, as amended, 50 U.S.C. App. §§ 2401-2420 International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-1706 Export Administration Regulations, 15 C.F.R. Parts 730-774
Description: Cross-Border Trade in Services
With some limited exceptions, exports and re-exports of commodities, software, and technology subject to the Export Administration Regulations require a license from the Bureau of Industry and Security, U.S. Department of Commerce (BIS). Certain activities of U.S. persons, wherever located, also require a license from BIS. An application for a license must be made by a person in the United States. In addition, release of controlled technology to a foreign national in the United States is deemed to be an export to the home country of the foreign national and requires the same written authorization from BIS as an export from the territory of the United States.
Sector: Mining
Obligations Concerned: National Treatment (Article 10.3) Most-Favored-Nation Treatment (Article 10.4)
Level of Government: Central
Measures: Mineral Lands Leasing Act of 1920, 30 U.S.C. Chapter 3A 10 U.S.C. § 7435
Description: Investment Under the Mineral Lands Leasing Act of 1920, aliens and foreign corporations may not acquire rights-of-way for oil or gas pipelines, or pipelines carrying products refined from oil and gas, across on-shore federal lands or acquire leases or interests in certain minerals on on-shore federal lands, such as coal or oil. Non-U.S. citizens may own a 100 percent interest in a domestic corporation that acquires a right-of-way for oil or gas pipelines across on-shore federal lands, or that acquires a lease to develop mineral resources on on-shore federal lands, unless the foreign investor’s home country denies similar or like privileges for the mineral or access in question to U.S. citizens or corporations, as compared with the privileges it accords to its own citizens or corporations or to the citizens or corporations of other countries (30 U.S.C. §§ 181, 185(a)). Nationalization is not considered to be denial of similar or like privileges. Foreign citizens, or corporations controlled by them, are restricted from obtaining access to federal leases on Naval Petroleum Reserves if the laws, customs, or regulations of their country deny the privilege of leasing public lands to citizens or corporations of the United States (10 U.S.C. § 7435).
Sector: All Sectors
Obligations Concerned: National Treatment (Article 10.3) Most-Favored-Nation Treatment (Article 10.4)
Level of Government: Central
Measures: 22 U.S.C. §§ 2194 and 2198(c)
Description: Investment
The Overseas Private Investment Corporation insurance and loan guarantees are not available to certain aliens, foreign enterprises, or foreign-controlled domestic enterprises.
Sector: Air Transportation
Obligations Concerned: National Treatment (Article10.3) Most-Favored-Nation Treatment (Article 10.4) Senior Management and Boards of Directors (Article 10.10)
Level of Government: Central
Measures: 49 U.S.C. Subtitle VII, Aviation Programs 14 C.F.R. Part 297 (foreign freight forwarders); 14 C.F.R. Part 380, Subpart E (registration of foreign (passenger) charter operators)
Description: Investment Only air carriers that are “citizens of the United States” may operate aircraft in domestic air service (cabotage) and may provide international scheduled and non-scheduled air service as U.S. air carriers. U.S. citizens also have blanket authority to engage in indirect air transportation activities (air freight forwarding and passenger charter activities other than as actual operators of the aircraft). In order to conduct such activities, non-U.S. citizens must obtain authority from the Department of Transportation. Applications for such authority may be rejected for reasons relating to the failure of effective reciprocity, or if the Department of Transportation finds that it is in the public interest to do so. Under 49 U.S.C. § 40102(a)(15), a citizen of the United States means an individual who is a U.S. citizen; a partnership in which each member is a U.S. citizen; or a U.S. corporation of which the president and at least two-thirds of the board of directors and other managing officers are U.S. citizens, which is under the actual control of U.S. citizens, and in which at least seventy-five percent of the voting interest in the corporation is owned or controlled by U.S. citizens.
Sector: Air Transportation
Obligations Concerned: National Treatment (Articles 10.3 and 11.2) Most-Favored-Nation Treatment (Articles 10.4 and 11.3) Local Presence (Article 11.5) Senior Management and Boards of Directors (Article 10.10)
Level of Government: Central
Measures: 49 U.S.C. Subtitle VII, Aviation Programs 49 U.S.C. § 41703 14 C.F.R. Part 375
Description: Cross-Border Trade in Services
1. Authorization from the Department of Transportation is required for the provision of specialty air services in the territory of the United States.*
Investment
2. “Foreign civil aircraft” require authority from the Department of Transportation to conduct specialty air services in the territory of the United States. In determining whether to grant a particular application, the Department will consider, among other factors, the extent to which the country of the applicant’s nationality accords U.S. civil aircraft operators effective reciprocity. “Foreign civil aircraft” are aircraft of foreign registry or aircraft of U.S. registry that are owned, controlled, or operated by persons who are not citizens or permanent residents of the United States (14 C.F.R. § 375.1). Under 49 U.S.C. § 40102(a)(15), a citizen of the United States means an individual who is a U.S. citizen; a partnership in which each member is a U.S. citizen; or a U.S. corporation of which the president and at least two-thirds of the board of directors and other managing officers are U.S. citizens, which is under the actual control of U.S. citizens, and in which at least seventy-five percent of the voting interest in the corporation is owned or controlled by U.S. citizens.
*A person of Colombia will be able to obtain such an authorization given Colombia’s acceptance of the U.S. definition of specialty air services in Chapter Eleven (Cross-Border Trade in Services).
Sector: Transportation Services – Customs Brokers
Obligations Concerned: National Treatment (Articles 10.3 and 11.2) Local Presence (Article 11.5)
Level of Government: Central
Measures: 19 U.S.C. §1641(b)
Description: Investment and Cross-Border Trade in Services
A customs broker’s license is required to conduct customs business on behalf of another person. Only U.S. citizens may obtain such a license. A corporation, association, or partnership established under the law of any state may receive a customs broker’s license if at least one officer of the corporation or association, or one member of the partnership, holds a valid customs broker’s license.
Sector: All Sectors
Obligations Concerned: National Treatment (Article 10.3) Most-Favored-Nation Treatment (Article 10.4)
Level of Government: Central
Measures: Securities Act of 1933, 15 U.S.C. §§ 77C(b), 77f, 77g, 77h, 77j, and 77s(a) 17 C.F.R. §§ 230.251 and 230.405 Securities Exchange Act of 1934, 15 U.S.C. 78l, 78m, 78o(d), and 78w(a) 17 C.F.R. § 240.12b-2
Description: Investment
Foreign firms, except for certain Canadian issuers, may not use the small business registration forms under the Securities Act of 1933 to register public offerings of securities or the small business registration forms under the Securities Exchange Act of 1934 to register a class of securities or file annual reports.
Sector: Communications – Radiocommunications
Obligations Concerned: National Treatment (Article 10.3) Level of Government: Central
Measures: 47 U.S.C. § 310 Foreign Participation Order 12 FCC Rcd 23891 (1997)
Description: Investment The United States reserves the right to restrict ownership of radio licenses in accordance with the above statutory and regulatory provisions. Radiocommunications consists of all communications by radio, including broadcasting.
Sector: Professional Services – Patent Attorneys, Patent Agents, and Other Practice before the Patent and Trademark Office
Obligations Concerned: National Treatment (Article 11.2) Most-Favored-Nation Treatment (Article 11.3) Local Presence (Article 11.5)
Level of Government: Central
Measures: 35 U.S.C. Chapter 3 (practice before the U.S. Patent and Trademark Office) 37 C.F.R. Part 10 (representation of others before the U.S. Patent and Trademark Office)
Description: Cross-Border Trade in Services
As a condition to be registered to practice for others before the U.S. Patent and Trademark Office (USPTO): (a) a patent attorney must be a U.S. citizen or an alien lawfully residing in the United States (37 C.F.R. § 10.6(a)); (b) a patent agent must be a U.S. citizen, an alien lawfully residing in the United States, or a non-resident who is registered to practice in a country that permits patent agents registered to practice before the USPTO to practice in that country; the latter is permitted to practice for the limited purpose of presenting and prosecuting patent applications of applicants located in the country in which he or she resides (37 C.F.R. § 10.6(c)); and (c) a practitioner in trademark and non-patent cases must be an attorney licensed in the United States, a “grandfathered” agent, an attorney licensed to practice in a country that accords equivalent treatment to attorneys licensed in the United States, or an agent registered to practice in such a country; the latter two are permitted to practice for the limited purpose of representing parties located in the country in which he or she resides (37 C.F.R. § 10.14(a)-(c)).
Sector: All Sectors
Obligations Concerned: National Treatment (Articles 10.3 and 11.2) Most-Favored-Nation Treatment (Articles 10.4 and 11.3) Local Presence (Article 11.5) Performance Requirements (Article 10.9) Senior Management and Boards of Directors (Article 10.10)
Level of Government: Regional
Measures: All existing non-conforming measures of all states of the United States, the District of Columbia, and Puerto Rico
Description: Investment and Cross-Border Trade in Services
Annex I. Schedule of Colombia
Sector: All Sectors
Obligations Concerned: Local Presence (Article 11.5)
Level of Government: Central
Measures: Código de Comercio, Art. 469, 471 y 474 de 1971
Description: Cross-Border Trade in Services
A juridical person organized under the laws of another country, and with its principal domicile in another country, must establish as a branch or other juridical form in Colombia in order to develop a concession obtained from the Colombian State.
Sector: All Sectors
Obligations Concerned: National Treatment (Article 10.3)
Level of Government: Central
Measures: Decreto 2080 de 2000, Art. 26 y 27
Description: Investment
A foreign investor may make portfolio investments in securities in Colombia only through a foreign capital investment fund (fondo de inversión de capital extranjero).
Sector: All Sectors
Obligations Concerned: National Treatment (Article 10.3)
Level of Government: Central
Measures: Ley 226 de 1995, Art. 3 y 11
Description: Investment
If the Colombian State decides to sell all or part of its interest in an enterprise to a person other than a Colombian state enterprise or other Colombian government entity, it shall first offer such interest exclusively, and under the conditions established in article 11 of Ley 226 de 1995, to:
(a) current, pensioned, and former employees (other than former employees terminated for just cause) of the enterprise and of other enterprises owned or controlled by the enterprise;
(b) associations of employees and former employees of the enterprise;
(c) employee unions;
(d) federations and confederations of trade unions;
(e) employee funds (“fondos de empleados”);
(f) pension and severance funds; and
(g) cooperative entities (1)
Colombia does not reserve the right to control any subsequent transfer or other disposal of such interest.
Sector: All Sectors
Obligations Concerned: Local Presence (Article 11.5)
Level of Government: Central
Measures: Ley 915 de 2004, Art. 5
Description: Cross-Border Trade in Services
Only a person with its main office in the free port of San Andrés, Providencia, and Santa Catalina may supply services in that region.
For greater certainty, this measure does not affect the cross-supply of services as defined in Article 11.14.1 (a) and (b).
Sector: Accounting Services
Obligations Concerned: National Treatment (Article 11.2)
Local Presence (Article 11.5)
Level of Government: Central
Measures: Ley 43 de 1990, Art. 3 Par. 1, Resolución No. 160 de 2004, Art. 2 Parágrafo y Art. 6
Description: Cross-Border Trade in Services
Only persons registered with the Junta Central de Contadores may practice as accountants. A foreign national must have been domiciled continuously in Colombia for at least three years prior to the registration request and demonstrate accounting experience carried out in the territory of Colombia for a period of not less than one year. This experience may be acquired while engaging in public accounting studies or thereafter.
For natural persons, the term "domiciled" means being a resident of Colombia and having the intention of remaining in Colombia.
Sector: Research and Development Services
Obligations Concerned: National Treatment (Article 11.2)
Level of Government: Central
Measures: Decreto 309 de 2000, Art. 7
Description: Cross-Border Trade in Services
Any foreign person planning to undertake scientific research on biological diversity in the territory of Colombia must involve at least one Colombian researcher in the research or analysis of the results of such research.
For greater certainty, this measure does not address the rights of any person in relation to the scientific research or analysis.
Sector: Fishing and Services Related to Fishing
Obligations Concerned: National Treatment (Articles 10.3 and 11.2) Most Favored Nation Treatment (Article 11.3) Market Access (Article 11.4)
Level of Government: Central
Measures: Decreto 2256 de 1991, Art. 27, 28 y 67, Acuerdo 005 de 2003, Sección II y VII
Description: Investment and Cross-Border Trade in Services
Only Colombian nationals may engage in artisanal fishing.
A foreign-flagged vessel may engage in fishing and related activities in Colombian territorial waters only in association with a Colombian enterprise that owns a permit. The costs of the permit and fishing license are higher for foreign-flagged vessels than for Colombian-flagged vessels.
If the flag of a foreign-flagged vessel is that of a country that is a party to another bilateral agreement with Colombia, the terms of that other bilateral agreement shall determine whether or not the requirement to associate with a Colombian enterprise that owns a permit applies. (2)
Sector: Services Directly Incidental to the Exploration and Exploitation of Minerals and Hydrocarbons
Obligations Concerned: Local Presence (Article 11.5)
Level of Government: Central
Measures: Ley 685 de 2001, Art. 19 y 20, Decreto legislativo 1056 de 1953, Art. 10, Código de Comercio, Art. 471 y 474 de 1971
Description: Cross-Border Trade in Services
To supply services directly related to the exploration and exploitation of minerals and hydrocarbons in Colombia, a juridical person organized under the laws of a foreign country must establish a branch, affiliate company, or subsidiary in Colombia.
The previous paragraph does not apply to service suppliers engaged in those services for less than one year.
Sector: Private Security and Surveillance Services
Obligations Concerned: National Treatment (Articles 10.3 and 11.2) Market Access (Article 11.4) Local Presence (Article 11.5)