Measures:Decreto 309 of 2000, Art. 7
Description:Cross-Border Trade in Services
Any natural or juridical foreign person planning to undertake scientific research on biological diversity in the territory of Colombia must involve one or more Colombian researchers in the research or analysis of the results of such research.
For greater certainty, this measure does not require or prohibit foreign persons and Colombian researchers from reaching an agreement with respect to the rights in relation to the scientific research or analysis.
Sector:Business ServicesFishing
Subsector:Other Business ServicesFishing, aquaculture and service activities incidental to fishing
Industry Classification:CPC 882: Services incidental to fishingISIC Rev.3.1: 0501 – Fishing
Type of Reservation:National Treatment (Articles 803 and 902) Most Favored Nation Treatment (Article 903) Market Access (Article 904)
Measures:Decreto 2256 of 1991, Art. 27, 28 and 67Acuerdo 005 of 2003, Sección II and VII
Description:Investment and Cross-Border Trade in Services
Only Colombian nationals may engage in artisanal fishing. A foreign flagged vessel may obtain a permit and engage incommercial fishing and related activities in Colombian territorial waters only in association with a Colombian enterprise that owns a permit. In this case, 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.
Sector:Services Directly Incidental to the Exploration and Exploitation of Minerals and Hydrocarbons
Subsector:
Industry Classification:
Type of Reservation:Local Presence (Article 905)
Measures:Ley 685 of 2001, Art. 19 and 20Decreto legislativo 1056 of 1953, Art. 10Código de Comercio of 1971, Art. 471 and 474
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.
These requirements do not apply to service suppliers engaged in those services for less than one year.
Sector:Business Services
Subsector:Other Business Services
Industry Classification:CPC 873: Investigation and security
Type of Reservation:National Treatment (Articles 803 and 902)Market Access (Article 904)Local Presence (Article 905)
Measures:Decreto 356 of 1994, Art. 8, 12, 23 and 25
Description:Investment and Cross-Border Trade in Services
Only an enterprise organized under Colombian law as a limited liability company or a private security and surveillance services cooperative (1) may provide private security and surveillance services in Colombia. Partners or members of such enterprises must be Colombian nationals.
Enterprises established prior to February 11, 1994 with foreign members or foreign capital may not increase the participation of foreign members. Cooperatives organized before that date may retain their juridical form.
Sector:Business Services
Subsector:Professional Services - Travel agents and Tourism
Industry Classification:
Type of Reservation:National Treatment (Article 902) Local Presence (Article 905)
Measures:Ley 32 of 1990, Art. 5Decreto 502 of 1997, Art. 1-7
Description:Cross-Border Trade in Services
Foreign nationals must be domiciled in Colombia to provide travel and tourism agent services within the territory of Colombia.
For greater certainty, this reservation does not apply to tour guide services, nor does it affect the cross-border supply of services as defined in Article 913.
Sector:Notary and Registrar Public Services
Subsector:
Industry Classification:
Type of Reservation:National Treatment (Article 902) Market Access (Article 904)
Measures:Decreto ley 960 of 1970, Art. 123, 124, 126, 127 and 132Decreto ley 1250 of 1970, Art. 60
Description:Cross-Border Trade in Services
Only Colombian nationals may be notaries and/or registrars. The establishment of new notaries is subject to an economicneeds test that takes into account the population of the area of interest, the necessity of the services, and access to means of communication facilities, among other factors.
Sector:Domiciliary Public Services
Subsector:
Industry Classification:
Type of Reservation:National Treatment (Article 803)Market Access (Article 904)Local Presence (Article 905)
Measures:Ley 142 of 1994, Artículos 1, 17, 18, 19 and 23Código de comercio, Art. 471 and 472
Description:Investment and Cross-Border Trade in Services
A domiciliary public service enterprise, must be organized under the Empresas de Servicios Públicos (E.S.P.) regime, must be domiciled in Colombia and organized under Colombian law as a share company (sociedad por acciones). The requirement to be organized as a share company does not apply to a decentralized entity that takes the form of a commercial and industrial enterprise of the State.
For purposes of this entry, domiciliary public services include the provision of water, sewage, refuse disposal, electric power, combustible gas distribution, and basic public-switched telephone services (PSTN) and any activities supplemental thereto. Activities supplemental to basic public-switched telephone services means long-distance public telephone and fixed wireless local loop telephone services in rural areas, but does not include commercial mobile telephone services.
An enterprise in which a locally organized community holds a controlling interest shall be given a preference over enterprises with otherwise equivalent bids in the granting of a concession or license for the provision of domiciliary public services to that community.
Sector:Electrical Power
Subsector:
Industry Classification:
Type of Reservation:Market Access (Article 904)
Measures:Ley 143 of 1994, Art. 74
Description:Cross-Border Trade in Services
Only enterprises organized under Colombian law, on or after
12 July 1994, to supply electrical power may engage in marketing of electrical power (comercialización) and any of the following activities:
- generation,
- distribution, or
- transmission of electrical power; except that no enterprise may engage in more than one of these three activities at the same time.
Sector:Custom Services
Subsector:
Industry Classification:
Type of Reservation:Local Presence (Article 905)
Measures:Decreto 2685 of 1999, Art. 74 and 76
Description:Cross-Border Trade in Services
In order to perform customs intermediation, intermediation for postal services (“intermediación para servicios postales”) and mensajeria especializada (2) (including express delivery), deposit of merchandise, transportation of merchandise under the customs control, or international cargo services, or to act as Permanent Customs Users (“Usuarios Aduaneros Permanentes”) or Highly Exporting Users (“UsuariosAltamente Exportadores”), a person must be domiciled in Colombia or have a domiciled representative legally responsible for their activities in Colombia.
Sector:Postal and Mensajería Especializada Services
Subsector:
Industry Classification:
Type of Reservation:Local Presence (Article 905)
Measures:Decreto 229 of 1995, Art. 14 and Art. 17 numeral 2
Description:Cross-Border Trade in Services
Only juridical persons organized under Colombian law may supply postal services and “mensajería especializada” (as defined in I-COL-16) in Colombia.
Sector:Communication Services
Subsector:Telecommunication Services
Industry Classification:
Type of Reservation:National Treatment (Article 902) Market Access (Article 904) Local Presence (Article 905)
Measures:Ley 671 of 2001Decreto 1616 of 2003, Art. 13 and 16Decreto 2542 of 1997, Art. 2Decreto 2926 of 2005, Art. 2Decreto 2870 de 2007, Título II (Art. 3-7)
Description:Cross-Border Trade in Services
Only enterprises organized under Colombian law may receive concessions for the supply of telecommunications services within Colombia.
For greater certainty, Colombia may grant licenses to enterprises to provide long distance basic switched telecommunications services on less favorable terms, with respect only to payment and duration, than those provided to Colombia Telecomunicaciones S.A. E.S.P. under article 2 of Decreto 2542 de 1997, articles 13 and 16 of Decreto 1616 de2003 and Decreto 2926 de 2005.
Sector:Waste-Related Services
Subsector:
Industry Classification
Type of Reservation:National Treatment (Article 803)
Measures:Decreto 2080 of 2000, Art. 6
Description:Investment
Foreign investment is not permitted in activities related to the processing, disposition, and disposal of toxic, hazardous or radioactive waste not produced in Colombia.
Sector:Transport Services
Subsector:
Industry Classification:
Type of Reservation:Local Presence (Article 905)
Measures:Ley 336 of 1996, Art. 9 and 10Decreto 149 of 1999, Art. 5
Description:Cross-Border Trade in Services
Suppliers of public transportation services within the territory of Colombia must be enterprises organized under Colombian law and domiciled in Colombia.
Only foreign enterprises with an agent or representative domiciled in Colombia and legally responsible for their activities in Colombia may supply multimodal transportation of cargo within and from the territory of Colombia.
Sector:Transport Services
Subsector:Maritime TransportationFluvial Transportation
Industry Classification:CPC 72: Water transport services
Type of Reservation:National Treatment (Article 902) Local Presence (Article 905)
Measures:Decreto 804 of 2001, Art. 2 and 4 numeral 4Código de Comercio of 1971, Art. 1455Decreto Ley 2324 of 1984, Art. 99, 101 and 124Ley 658 of 2001, Art. 11Decreto 1597 of 1998, Art. 23
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.
The maritime and fluvial public service of pilotage on Colombian territorial waters may only be performed by Colombian nationals.
In Colombian flag vessels and foreign-flagged vessels (except those relating to fishing) that operate in Colombian jurisdictional waters for a period of time longer than six months, continuous or discontinuous, from the date of the issuing of the respective permit, the captain, officials and at least 80 per cent of the rest of the crew must be Colombians.
Sector:Port Services
Subsector:
Industry Classification:
Type of Reservation:National Treatment (Article 902) Market Access (Article 904) Local Presence (Article 905)
Measures:Ley 1 of 1991, Art. 5.20 and Art. 6Decreto 1423 of 1989, Art. 38
Description:Cross-Border Trade in Services
The holders of a concession to supply port services must be organized under Colombian law as a corporation (sociedad anónima) whose corporate objective is the construction, and maintenance of ports, and their administration.
Only Colombian flag vessels may supply port services in maritime areas under the jurisdiction of Colombia. However, in exceptional cases, the Dirección General Marítima may authorize supply of such services by foreign flag vessels if no Colombian flag vessels have the capacity to supply such service. The authorization will be issued for a period of six months, but may be extended to a maximum total period of one year.
Annex II. Headnote
1.The Schedule of a Party sets out, pursuant to Article 809 (Investment - Non- Conforming Measures) and Article 906 (Cross-Border Trade in Services - Non- Conforming Measures), the reservations taken by that Party with respect to specific sectors, sub-sectors or activities for which it may maintain existing, or adopt new or more restrictive measures that do not conform with obligations imposed by:
- a. Articles 803, 902 (National Treatment - Investment, Cross-Border Trade in Services);
- b. Articles 804, 903 (Most-Favoured-Nation Treatment - Investment, Cross-Border Trade in Services);
- c. Article 905 ( Cross-Border Trade in Services - Local Presence);
- d. Article 807 (Investment - Performance Requirements);
- e. Article 808 (Investment - Senior Management and Boards of Directors); or
- f. Article 904 (Cross-Border Trade in Services - Market Access).
2. Each reservation sets out the following elements:
- a. Sector refers to the general sector in which the reservation is taken;
- b. Sub-Sector refers to the specific sector in which the reservation is taken;
- c. Industry Classification refers, where applicable, to the activity covered by the reservation according to domestic industry classification codes;
- d. Type of Reservation specifies the obligation referred to in paragraph 1 for which a reservation is taken;
- e. Description sets out the scope of the sector, sub-sector or activities covered by the reservation; and
- f. Existing Measures identifies, for transparency purposes, existing measures that apply to the sector, sub-sector or activities covered by the reservation.
3.In the interpretation of a reservation, all elements of the reservation, with the exception of Industry Classification, shall be considered. The Description element shall prevail over all other elements.
4. For purposes of this Annex:CPC means Central Product Classification (CPC) numbers as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 77, Provisional Central Product Classification, 1991; andSIC means Standard Industrial Classification (SIC) numbers as set out in Statistics Canada, Standard Industrial Classification, fourth edition, 1980.
Annex II. Schedule of Canada
Sector:Aboriginal Affairs
Sub-sector:
Industry Classification:
Type of Reservation:National Treatment (Articles 803, 902)Most-Favoured-Nation Treatment (Articles 804, 903)Local Presence (Article 905)Performance Requirements (Article 807)Senior Management and Boards of Directors (Article 808)
Description:Cross-Border Trade in Services and Investment
Canada reserves the right to adopt or maintain any measure denying investors of Colombia and their investments, or service providers of Colombia, any rights or preferences provided to aboriginal peoples.
Existing Measures:Constitution Act, 1982, being Schedule B of the Canada Act 1982 (U.K.), 1982, c. 11
Sectors:All sectors
Sub-sector:
Industry Classification:
Type of Reservation:National Treatment (Article 803)