Type of reservation: Local Presence (Article 15.5)
Measures: Law 1369 of 2009, Article 4
Description: Cross Border Trade in Services
Only legal entities legally incorporated in Colombia may provide postal and specialized courier services (as defined in tab 15) in Colombia.
17. Sector: Telecommunications Services
Type of reservation: National Treatment (Article 15.2) Local Presence (Article 15.5).
Measures: Law 671 of 2001, Decree 1616 of 2003, Articles 13 and 16 Decree 2542 of 1997, Article 2, Decree 2926 of 2005, Article 2, Decree 2870 of 2007, Title II (Arts. 3 to 7)
Description: Cross Border Trade in Services
Only companies legally incorporated in Colombia may receive concessions for the provision of telecommunications services in Colombia.
Colombia may grant licenses for the provision of long distance basic public switched public telephony service on less favorable terms, only with respect to payment and duration, than those granted to Colombia Telecomunicaciones S.A. E.S.P. in accordance with the provisions of Article 2 of Decree 2542 of 1997, Articles 13 and 16 of Decree 1616 of 2003 and Decree 2926 of 2005.
18. Sector: Cinematography
Type of reserve: Performance Requirements (Article 14.6). National Treatment (Article 15.2)
Measures: Law 814 of 2003, Articles 5, 14, 15, 18 and 19.
Description: Investment and Cross-Border Trade in Services
The exhibition or distribution of foreign films is subject to the Film Development Fee which is established at eight point five percent (8.5%) of the monthly net income derived from such exhibition or distribution.
The fee charged to the exhibitor shall be reduced to two point twenty-five percent (2.25%) when the exhibition of foreign films is presented together with a national short film.
The Quota applied to a distributor will be decreased to five point five percent (5.5%) until 2013 provided that during the immediately preceding year, the percentage of Colombian feature film titles it distributed to theaters or other exhibitors equaled or exceeded the percentage goal established by the government.
19. Sector: Sound Broadcasting
Type of reservation: National Treatment (Articles 14.3 and 15.2) Market Access (Article 15.4) Local Presence (Article 15.5) Senior Executives and Boards of Directors (Article 14.7)
Measures: Law 80 of 1993, Article 35 Law 74 of 1966, Article 7 Decree 1447 of 1995, Articles 7, 9 and 18.
Description: Investment and Cross-Border Trade in Services
Concessions to provide radio broadcasting services may only be granted to Colombian nationals or to legal entities legally incorporated in Colombia. The number of concessions for the provision of radio broadcasting services is subject to an economic necessity test that applies criteria established by law.
Directors of news or journalistic programs must be Colombian nationals.
20. Sector: Television Broadcasting Audiovisual production services
Type of reservation: National Treatment (Articles 14.3 and 15.2). Performance Requirements (Article 14.6) Market Access (Article 15.4) Local Presence (Article 15.5)
Measures: Law 014 of 1991, Article 37, Law 680 of 2001, Articles 1 and 4, Law 335 of 1996, Articles 13 and 24, Law 182 of 1995, Article 37 numeral 3, Articles 47 and 47, and Agreement 002 of 1995, Article 10 Paragraph Agreement 023 of 1997, Article 8 Paragraph Agreement 024 of 1997, Articles 6 and 9 Agreement 020 of 1997, Articles 3 and 4
Description: Investment and Cross-Border Trade in Services
Only Colombian nationals or legal entities legally incorporated in Colombia may obtain concessions to provide broadcast television services.
To obtain a concession for a privately operated national channel providing free-to-air television services, a legal entity must be organized as a corporation.
The number of concessions for the provision of national and local for-profit broadcast television services is subject to an economic necessity test in accordance with the criteria established by law.
Foreign capital in any open television concession company is limited to forty percent (40%).
National television Providers (operators and concessionaires of slots) of national free-to-air television services must broadcast on each channel nationally produced programming as follows:
(a) a minimum of seventy percent (70%) between 19:00 hours and 22:30 hours;
(b) a minimum of fifty percent (50%) between 22:30 hours and 24:00 hours;
(c) a minimum of fifty percent (50%) between 10:00 a.m. and 7:00 p.m.; and
(d) a minimum of fifty percent (50%) for Saturdays, Sundays and holidays during the hours described in (a), (b) and (c).
Regional and local television
Regional television may only be provided by state-owned entities.
Regional and local free-to-air television service providers must broadcast on each channel a minimum of fifty percent (50%) of nationally produced programming.
21. Sector: Subscription television Audiovisual production services
Type of reservation: Performance Requirements (Article 14.6). Market Access (Article 15.4) Local Presence (Article 15.5)
Measures: Law 680 of 2001. Articles 4 and 11, Law 182 of 1995, Article 42, Agreement 014 of 1997, Articles 14, 16 and 30 Law 335 of 1996, Article 8, Agreement 032 of 1998, Articles 7 and 9
Description: Investment and Cross-Border Trade in Services
Only legal entities legally incorporated in Colombia may provide subscription television service. Such legal entities must make available to subscribers the reception, at no additional cost, of Colombian national, regional and municipal open television channels available in the authorized coverage area. The transmission of regional and municipal channels will be subject to the technical capacity of the subscription television operator.
Satellite television service providers are only obliged to include in their basic programming the transmission of public interest channels of the Colombian State. When rebroadcasting programming of an open television channel subject to domestic content quota, the subscription television service provider may not modify the content of the original signal.
Subscription television, not including satellite
The concessionaire of the subscription television service that transmits commercials other than those of origin must comply with the minimum percentages of national production programming to which the providers of national open television services are obliged as described in the entry of Open Television of tab 20. Colombia interprets Article 16 of Agreement 014 of 1997 as not requiring providers of subscription television services to comply with minimum percentages of nationally produced programming when commercials are inserted into programming outside the territory of Colombia. Colombia shall continue to apply this interpretation, subject to Article 15.6.1(c) (Nonconforming Measures).
There will be no restrictions on the number of subscription television concessions at the zonal, municipal and district levels once the current concessions at these levels expire and in no case beyond October 31, 2011.
Cable television service providers must produce and broadcast in Colombia a minimum of one hour of such programming daily, between 6:00 p.m. and midnight.
22. Sector: Community Television
Type of reservation: Market Access (Article 15.4) Local Presence (Article 15.5)
Measures: Law 182 of 1995, Article 37 numeral 4. Agreement 006 of 1999, Articles 3 and 4
Description: Cross Border Trade in Services
Community television services may only be provided by communities organized and legally constituted in Colombia as foundations, cooperatives, associations or corporations governed by civil law.
For greater certainty, these services have restrictions regarding coverage area, number and type of channels; they may be offered to no more than 6,000 members or community members; and they must be offered under the modality of local access channels of closed networks.
23. Sector: Toxic waste processing, disposal and disposal services.
Type of reservation: National Treatment (Article 14.3)
Measures: Decree 2080 of 2000, Article 6
Description: Investment
Foreign investment is not allowed in activities related to the processing, disposal and elimination of toxic, hazardous or radioactive waste not produced in Colombia.
24. Sector: Transportation
Type of reservation: Local presence (Article 15.5)
Measures: Law 336 of 1996, Articles 9 and 10. Decree 149 of 1999, Article 5
Description: Cross Border Trade in Services
Suppliers of public transportation services within the Colombian territory must be companies legally incorporated and domiciled in Colombia.
Only foreign companies that have an agent or representative domiciled and legally responsible for their activities in Colombia may provide multimodal cargo transportation services within and from the territory of Colombia.
25. Sector: Maritime and Inland Waterway Transport
Type of reservation: Performance Requirements (Article 14.6) Senior Executives and Boards of Directors (Article 14.7) National Treatment (Article 15.2) Local Presence (Article 15.5)
Measures: Decree 804 of 2001, Articles 2 and 4 subsection 4 ,Code of Commerce of 1971, Article 1455, Decree Law 2324 of 1984, Articles 99, 101 and 124, Law 658 of 2001, Article 11, Decree 1597 of 1988, Article 23.
Description: Investment and Cross-Border Trade in Services
Only companies legally incorporated in Colombia using Colombian flag vessels may provide public maritime and river transport services between two points within Colombian territory (cabotage).
Every foreign flag vessel arriving at a Colombian port must have a representative domiciled and legally responsible for its activities in Colombia.
The public maritime and fluvial pilotage service in Colombian territorial waters shall be provided only by Colombian nationals.
In Colombian-registered vessels and foreign-flagged vessels (except fishing vessels) operating in Colombian jurisdictional waters for a term longer than six continuous or discontinuous months from the date of issuance of the respective permit, the captain, officers and at least eighty percent (80%) of the rest of the crew must be Colombian nationals.
26. Sector: Port Services
Type of reservation: National Treatment (Article 15.2) Market Access (Article 15.4) Local Presence (Article 15.5)
Measures: Law 1 of 1991, Articles 5.20 and 6. Decree 1423 of 1989, Article 38
Description: Cross Border Trade in Services
The holders of a concession to provide port services must be legally constituted in Colombia as a corporation, whose corporate purpose is the construction, maintenance and administration of ports.
Only Colombian flag vessels may provide port services in Colombian jurisdictional maritime areas. However, in exceptional cases, the General Maritime Directorate may authorize the rendering of such services by foreign flag vessels if there are no Colombian flag vessels capable of rendering the service. The authorization will be given fora term of six 6 months, but may be extended up to a maximum total period of one year.
27. Sector: Air Services
Type of reservation: National Treatment (Article 14.3) Performance Requirements (Article 14.6)
Measures: Code of Commerce, 1971, Articles 1795, 1803 and 1804.
Description: Investment
Only Colombian nationals or legal entities legally constituted in Colombia may own and have real and effective control of any aircraft registered to provide commercial air services in Colombia.
Any air services company that has established an agency or branch in Colombia must employ Colombian workers in a proportion of not less than ninety percent (90%) for its operation in Colombia.
Annex I. PANAMA
1. Sector: Retail Trade
Type of Reservation: National Treatment (Article 14.3) Senior Executives and Boards of Directors (Article 14.7)
Measures: Article 293 of the 1972 Constitution Articles 5 and 10 of Law No. 5 of January 11, 2007 Article 12 of Executive Decree No. 26 of July 12, 2007
Description: Investment
1. Only the following persons may have a retail business in Panama:
(a) a Panamanian national by birth;
(b) anatural person who, at the date of the entry into force of the 1972 Constitution, was a naturalized Panamanian national, the spouse of a Panamanian national or a natural person who had a child with a Panamanian national;
(c) a natural person who has been a naturalized Panamanian national for at least 3 years;
(d) a foreign national or a foreign juridical person subject to the national legislation of a foreign country that had a legal retail trade business in Panama at the date of entry into force of the 1972 Constitution; and
(e) a juridical person, organized under the national legislation of Panama or of any other country, if the ownership of such person corresponds to a natural person included in subparagraphs (a), (b), (c) or (d), as provided in paragraph 5 of Article 293 of the 1972 Constitution.
2. However, a foreign national not authorized to engage in the retail trade business may participate in those companies that sell products manufactured by such companies.
2. Sector: Real Estate
Type of Reservation: National Treatment (Article 14.3)
Measures: Article 290 and 291 of the 1972 Constitution.
Description: Investment
1. No foreign government, foreign official or foreign state enterprise may own real property in Panama, except for those properties used as embassies.
2. A foreign national, or a foreign company incorporated under the laws of Panama and owned in whole or in part by foreign nationals, may not own real property within 10 kilometers of the borders of Panama.
3. Sector: Utilities
Type of Reservation: National Treatment (Article 14.3)
Measures: Article 285 of the 1972 Constitution.
Description: Investment
The majority of the capital of a private company participating in public utilities operating in Panama must be owned by a Panamanian person, except when permitted by national legislation.
4. Sector: All Sectors
Type of Reservation: National Treatment (Article 15.2) Senior Executives and Boards of Directors (Article 14.7)
Measures: Article 332 Oo the 1972 Constitution Articles 13, 14 and 86 of Law No. 19 of June 11, 2001. of 1997
Description: Investment and Cross-Border Trade in Services
1. Preference shall be given to Panamanian nationals over foreign nationals to fill contractual positions in the Panama Canal Authority. A foreign national may be hired instead of a Panamanian national, provided the position is difficult to fill and all means have been exhausted to hire a qualified Panamanian national, and the Panama Canal Authority Administrator has given his authorization. If the only applicants for a position in the Panama Canal Authority are foreign nationals, preference shall be given to a foreign national with a Panamanian spouse or a foreign national who has lived in Panama for 10 consecutive years.
2. Only a Panamanian national may be Director of the Panama Canal Authority.
5. Sector: Artistic Activities
Type of Reservation: National Treatment (Article 15.2)
Measures: Article 1 of Law No. 10 of January 8, 1974 Article 1 of Executive Decree No. 38 of August 12, 1985.
Description: Cross Border Trade in Services
1. Every employer that hires a foreign orchestra or musical group must hire a Panamanian orchestra or musical group to perform in each of the locations where the foreign orchestra or musical group performs. This obligation will be maintained throughout the duration of the contract of the foreign orchestra or musical group. This Panamanian orchestra or musical group shall receive at least the amount of B/.1,000.00 per performance. Each member of the group must receive an amount not less than B/. 60.00.
2. A Panamanian artist performing alongside a foreign artist must be contracted under equal conditions and with the same professional considerations. This applies, but is not limited to, promotions, publicity and advertisements related to the event, regardless of the medium used.
3. The hiring of a foreign artist for promotions, or the donation or charitable exchange of services or works of a foreign artist will be approved only if it does not adversely affect or displace a Panamanian artist. In any case, the hiring must be subject to an expert evaluation to determine the value of the service and work provided for the purpose of paying union dues and fees.
6. Sector: Communications
Type of Reservation: National Treatment (Articles 14.3 and 15.2). Most-Favored-Nation Treatment (Article 15.3) Senior Executives and Boards of Directors (Article 14.7)
Measures: Article 285 of the 1972 Constitution, Article 14 and 25 of Law No. 24 of June 30, 1999 Articles 152 and 161 of Executive Decree No. 189 of August 13, 1999.
Description: Investment and Cross-Border Trade in Services
1. A concession to operate a public radio or television station in Panama may be awarded to a natural person or a company. In the case of a natural person, the concessionaire must be a Panamanian national. In the case of a company, at least 65% of the shares of the concessionaire must be owned by Panamanian nationals.
2. Each of the senior executives and directors of a company operating a public radio or television station must be a Panamanian national.
3. Under no circumstances may a foreign government or foreign state enterprise supply, by itself or through a third party, public radio or television services or have a controlling interest, directly or indirectly, in an enterprise providing such services.
4. The concessionaire of a public radio or television service may not broadcast any type of advertising originating within Panama that contains an advertisement made by an advertiser that does not have a license issued by the National Authority of Public Services. Such license may only be obtained by a Panamanian national or by a national of another country that has granted reciprocal rights to Panamanian nationals.
7. Sector: Communications
Type of Reservation: National Treatment (Article 14.3)
Measures: Article 21 of Law No. 31 of February 8, 1996.
Description: Investment