Description: Cross-Border Trade in Services
Only enterprises organized under Colombian law using Colombian flag vessels may supply maritime and fluvial transport services between two points within the territory of Colombia (cabotage).
All foreign-flagged vessels entering a Colombian port must have a representative legally responsible for their activities in Colombia and domiciled in Colombia.
Pilotage on Colombian territorial seas and rivers may only be performed by Colombian nationals.
Sector: Port Services
Obligations Concerned: National Treatment (Article 11.2) Local Presence (Article 11.5) Market Access (Article 11.4)
Level of Government: Central
Measures: Ley 1 de 1991, Art. 5.20 y Art. 6, Decreto 1423 de 1989, Art. 38
Description: Cross-Border Trade in Services
The holder of a concession to supply port services must be organized under Colombian law as a corporation (sociedad anónima) whose corporate objective is the construction, maintenance, and administration of ports. For greater certainty, measures relating to the landside aspects of port activities are subject to the application of Article 22.2 (Essential Security).
Only Colombian flag vessels may supply port services in Colombian waters. However, in exceptional cases, the Dirección General Marítima may authorize supply of such services by foreign flag vessels if no Colombian vessel has the capacity to supply such service. The authorization will be issued for six months, but may be extended up to one year.
Sector: Specialty Air Services
Obligations Concerned: Local Presence (Article 11.5) National Treatment (Article 11.2)
Level of Government: Central
Measures: Código de Comercio, Artículos 1795 y 1864
Description: Cross-Border Trade in Services
Only Colombian nationals or juridical persons organized under Colombian law and domiciled in Colombia may supply specialty air services within the territory of Colombia.
Only Colombian nationals or juridical persons organized under Colombian law may own and maintain real and effective control of an airplane registered to supply specialty air services in Colombia.
Annex II. Non-Conforming Measures for Services and Investment
Annex II. Explanatory Notes
1. The Schedule of a Party to this Annex sets out, pursuant to Articles 10.13 (Non-Conforming Measures) and 11.6 (Non-Conforming Measures), the specific sectors, subsectors, or activities for which that Party may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Article 10.3 or 11.2 (National Treatment);
(b) Article 10.4 or 11.3 (Most-Favored-Nation Treatment);
(c) Article 11.5 (Local Presence);
(d) Article 10.9 (Performance Requirements);
(e) Article 10.10 (Senior Management and Boards of Directors); or
(f) Article 11.4 (Market Access).
2. Each Schedule entry sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Obligations Concerned specifies the article(s) referred to in paragraph 1 that, pursuant to Articles 10.13.2 (Non-Conforming Measures) and 11.6.2 (Non-Conforming Measures), do not apply to the sectors, subsectors, or activities scheduled in the entry;
(c) Description sets out the scope of the sectors, subsectors, or activities covered by the entry; and
(d) Existing Measures identifies, for transparency purposes, existing measures that apply to the sectors, subsectors, or activities covered by the entry.
3. In accordance with Article 10.13.2 (Non-Conforming Measures) and 11.6.2 (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, subsectors, and activities identified in the Description element of that entry.
Annex II. Schedule of the United States
Sector: Communications
Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.3 and 11.2)
Description: Investment and Cross-Border Trade in Services
The United States reserves the right to adopt or maintain any measure that accords differential treatment to persons of other countries due to application of reciprocity measures or through international agreements involving sharing of the radio spectrum, guaranteeing market access, or national treatment with respect to the one-way satellite transmission of direct-to-home (DTH) and direct broadcasting satellite (DBS) television services and digital audio services.
Sector: Social Services
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)
Description: Investment and Cross-Border Trade in Services
The United States reserves the right to adopt or maintain any measure with respect to the provision of law enforcement and correctional services, and the following services to the extent they are social services established or maintained for a public purpose: income security or insurance, social security or insurance, social welfare, public education, public training, health, and child care.
Sector: Minority Affairs
Obligations Concerned: National Treatment (Articles 10.3 and 11.2) Local Presence (Article 11.5) Performance Requirements (Article 10.9) Senior Management and Boards of Directors (Article 10.10)
Description: Investment and Cross-Border Trade in Services
The United States reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities, including corporations organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act.
Existing Measures: Alaska Native Claims Settlement Act, 43 U.S.C. §§ 1601 et seq.
Sector: 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) Performance Requirements (Article 10.9) Senior Management and Boards of Directors (Article 10.10)
Description: Investment and Cross-Border Trade in Services
The United States reserves the right to adopt or maintain any measure relating to the provision of maritime transportation services and the operation of U.S.-flagged vessels, including the following:
(a) requirements for investment in, ownership and control of, and operation of vessels and other marine structures, including drill rigs, in maritime cabotage services, including maritime cabotage services performed in the domestic offshore trades, the coastwise trades, U.S. territorial waters, waters above the continental shelf, and in the inland waterways;
(b) requirements for investment in, ownership and control of, and operation of U.S.-flagged vessels in foreign trades;
(c) requirements for investment in, ownership or control of, and operation of vessels engaged in fishing and related activities in U.S. territorial waters and the Exclusive Economic Zone;
(d) requirements related to documenting a vessel under the U.S. flag;
(e) promotional programs, including tax benefits, available for shipowners, operators, and vessels meeting certain requirements;
(f) certification, licensing, and citizenship requirements for crew members on U.S.-flagged vessels;
(g) manning requirements for U.S.-flagged vessels;
(h) all matters under the jurisdiction of the Federal Maritime Commission;
(i) negotiation and implementation of bilateral and other international maritime agreements and understandings;
(j) limitations on longshore work performed by crew members;
(k) tonnage duties and light money assessments for entering U.S. waters; and
(l) certification, licensing, and citizenship requirements for pilots performing pilotage services in U.S. territorial waters.
The following activities are not included in this reservation. However, the treatment in (b) is conditional upon obtaining comparable market access in these sectors from Colombia:
(a) vessel construction and repair; and
(b) landside aspects of port activities, including operation and maintenance of docks; loading and unloading of vessels directly to or from land; marine cargo handling; operation and maintenance of piers; ship cleaning; stevedoring; transfer of cargo between vessels and trucks, trains, pipelines, and wharves; waterfront terminal operations; boat cleaning; canal operation; dismantling of vessels; operation of marine railways for drydocking; marine surveyors, except cargo; marine wrecking of vessels for scrap; and ship classification societies. For greater certainty, measures relating to the landside aspects of port activities are subject to the application of Article 22.2 (Essential Security).
Existing Measures: Merchant Marine Act of 1920, §§ 19 and 27, 46 U.S.C. App. § 876 and §§ 883 et seq.
Jones Act Waiver Statute, 64 Stat 1120, 46 U.S.C. App., note preceding Section 1
Shipping Act of 1916, 46 U.S.C. App. §§ 802 and 808
Merchant Marine Act of 1936, 46 U.S.C. App. §§ 1151 et seq., 1160-61, 1171 et seq., 1241(b), 1241-1, 1244, and 1271 et seq.
Merchant Ship Sales Act of 1946, 50 U.S.C. App. § 1738
46 U.S.C. App. §§ 121, 292, and 316
46 U.S.C. §§ 12101 et seq. and 31301 et seq. II-US-6
46 U.S.C. §§ 8904 and 31328(2)
Passenger Vessel Act, 46 U.S.C. App. § 289
42 U.S.C. §§ 9601 et seq.; 33 U.S.C. §§ 2701 et seq.; 33 U.S.C. §§ 1251 et seq.
46 U.S.C. §§ 3301 et seq., 3701 et seq., 8103, and 12107(b)
Shipping Act of 1984, 46 U.S.C. App. §§ 1708 and 1712
The Foreign Shipping Practices Act of 1988, 46 U.S.C. App. § 1710a
Merchant Marine Act, 1920, 46 U.S.C. App. §§ 861 et seq.
Shipping Act of 1984, 46 U.S.C. App. §§ 1701 et seq.
Alaska North Slope, 104 Pub. L. 58; 109 Stat. 557
Longshore restrictions and reciprocity, 8 U.S.C. §§ 1101 et seq.
Vessel escort provisions, Section 1119 of Pub. L. 106-554, as amended
Nicholson Act, 46 U.S.C. App. § 251
Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987, 46 U.S.C. § 2101 and 46 U.S.C. § 12108
43 U.S.C. § 1841
22 U.S.C. § 1980
Intercoastal Shipping Act, 46 U.S.C. App. § 843
46 U.S.C. § 9302, 46 U.S.C. § 8502; Agreement Governing the Operation of Pilotage on the Great Lakes, Exchange of Notes at Ottawa, August 23, 1978, and March 29, 1979, TIAS 9445
Magnuson Fishery Conservation and Management Act, 16 U.S.C. §§ 1801 et seq.
19 U.S.C. § 1466
North Pacific Anadramous Stocks Convention Act of 1972, P.L. 102-587; Oceans Act of 1992, Title VII
Tuna Convention Act, 16 U.S.C. §§ 951 et seq.
South Pacific Tuna Act of 1988, 16 U.S.C. §§ 973 et seq.
Northern Pacific Halibut Act of 1982, 16 U.S.C. §§ 773 et seq.
Atlantic Tunas Convention Act, 16 U.S.C. §§ 971 et seq.
Antarctic Marine Living Resources Convention Act of 1984, 16 U.S.C. §§ 2431 et seq.
Pacific Salmon Treaty Act of 1985, 16 U.S.C. §§ 3631 et seq.
American Fisheries Act, 46 U.S.C. § 12102(c) and 46 U.S.C. § 31322(a)
Sector: All
Obligations Concerned: Market Access (Article 11.4)
Description: Cross-Border Services
The United States reserves the right to adopt or maintain any measure that is not inconsistent with the United States’ obligations under Article XVI of the General Agreement on Trade in Services.
Sector: All
Obligations Concerned: Most-Favored-Nation Treatment (Articles 10.4 and 11.3)
Description: Investment and Cross-Border Trade in Services
The United States reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
The United States reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving:
(a) aviation;
(b) fisheries; or
(c) maritime matters, including salvage.
Annex II. Schedule of Colombia
Sector: Certain Sectors
Obligations Concerned: Market Access (Article 11.4)
Description: Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure in the following sectors:
(a) investigation and security services;
(b) research and development services;
(c) the establishment of exclusive areas for services incidental to energy distribution in order to ensure universal service;
(d) distribution, wholesale and retail services in sectors in which the government establishes a monopoly, pursuant to Article 336 of the Constitución Política de Colombia, with revenue to be dedicated for public or social services. As of the date of signing of this Agreement, Colombia has in place monopolies only with respect to liquor and games of chance;
(e) primary and secondary education services, and, with respect to higher education, requirements relating to the specific type of legal entity that may supply such services;
(f) environmental services established or maintained for a public purpose;
(g) health related and social services, and professional services related to health;
(h) libraries, archives and museums;
(i) sporting and other recreational services;
(j) the number of concessions and the total number of operations for road transportation passenger services; passenger and freight rail transportation services; pipeline transport; services auxiliary to all modes of transport, and other transport services.
For greater certainty, no measure shall be inconsistent with Colombia’s obligations under Article XVI of GATS.
Sector: All Sectors
Obligations Concerned: National Treatment (Article 10.3)
Description: Investment
Colombia reserves the right to adopt or maintain any measure related to ownership of real property by foreigners in border regions, national coasts, or insular territory of Colombia.
For purposes of this entry:
(a) border region means a zone of two (2) kilometers in width, parallel to the national border line;
(b) national coast means a zone of two (2) kilometers in width, parallel to the line of the highest tide; and
(c) insular territory means islands, islets, keys, headlands, and shoals that are part of the territory of Colombia.
Sector: All Sectors
Obligations Concerned: Most Favored Nation Treatment (Articles 10.4 and 11.3)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
Colombia reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving: