Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain measures to ensure that, where the Government of Colombia finds that Colombian audiovisual content is not readily available to Colombian consumers, access to Colombian audiovisual content programming through interactive audio and/or video services is not unreasonably denied to Colombian consumers.
12. Sector: Professional Services
Type of Reservation: National Treatment (Article 15.2) Most-Favored-Nation Treatment (Article 15.3) Market Access (Article 15.4) Local Presence (Article 15.5)
Description: Cross Border Trade in Services
Colombia reserves the right to adopt or maintain any measure that allows a professional who is a national of the other Party to practice only to the extent that the Party where such professional practices offers treatment consistent with the obligations referred to in this tab to Colombian nationals in the processes and requirements for authorization, licensing or certification to practice such profession. Notwithstanding the foregoing, Colombia shall allow professionals who were practicing in its territory prior to the entry into force of this Agreement, in accordance with Colombian regulations, to continue to practice in accordance with existing laws.
For the purposes of this measure, the Party in which the professionals practice is the territory within which the professional obtained his or her professional license to practice and has practiced most of the time during the last twelve months.
This measure does not apply to a country that has a bilateral agreement in force with Colombia on the recognition of professional degrees.
13. Sector: Land and River Transportation
Type of Reservation: Most-Favored-Nation Treatment (Article 10.04).
Description: Cross Border Trade in Services
Colombia reserves the right to adopt or maintain any measure that grants different treatment to countries under any bilateral or multilateral international agreement signed after the date of entry into force of this Agreement on land and river transport services.
14. Sector: Sales and Marketing of Air Transportation Services.
Type of Reservation: National Treatment (Articles 14.3 and 15.2). Market Access (Article 15.4) Local Presence (Article 15.5)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure on commissions and/or payments applied by carriers to travel agents and intermediaries in general.
15. Sector: All sectors
Type of Reservation: National Treatment (Article 14.3)
Description: Investment
Colombia reserves the right to adopt any measure for reasons of public order in accordance with Article 100 of the Political Constitution of Colombia (1991), provided that:
(a) be applied in accordance with the procedural requirements established in the Political Constitution of Colombia (1991) and the rules that regulate it, such as the requirements established in Articles 213, 214 and 215 of the Political Constitution of Colombia (1991) and in Law 137 of 1994;
(b) is not applied in an arbitrary and unjustified manner;
(d) does not constitute a disguised restriction on investment; and
(e) necessary and proportional to the objectives it seeks to achieve.
Annex II. PANAMA
1. Sector: Social Services
Type of Reservation: National Treatment (Articles 14.3 and 15.2). Most-Favored-Nation Treatment (Articles 14.4 and 15.3) Local Presence (Article 15.5) Performance Requirements (Article 14.6) Senior Executives and Boards of Directors (Article 14.7) Market Access (Article 15.4)
Description: Investment and Cross-Border Trade in Services
Panama reserves the right to adopt or maintain measures for the provision of law enforcement and prison services, as well as the following services, to the extent that they are social services that are established or maintained for reasons of public interest: pensions and unemployment insurance, social security or insurance, social security, social welfare, public education, public training, health care and child care.
2. Sector: Indigenous and Minority Populations
Type of Reservation: National Treatment (Articles 14.3 and 15.2). Most-Favored-Nation Treatment (Articles 14.4 and 15.3) Local Presence (Article 15.5) Performance Requirements (Article 14.6) Senior Executives and Boards of Directors (Article 14.7)
Description: Investment and Cross-Border Trade in Services
Panama reserves the right to adopt or maintain measures that deny foreign investors and their investments, or foreign service suppliers, a right or preference granted to socially or economically disadvantaged minorities and indigenous populations in its reserve areas.
3. Sector: Panama Canal Related Matters
Type of Reservation: National Treatment (Articles 14.3 and 10.03). Local Presence (Article 15.5) Performance Requirements (Article 14.6) Senior Executives and Boards of Directors (Article 14.7) Market Access (Article 15.4)
Description: Investment and Cross-Border Trade in Services
1. Panama reserves the right to adopt or maintain measures related to the management, administration, operation, maintenance, conservation, modernization, exploitation, development or ownership of the Panama Canal and reverted areas that restrict the rights of foreign investors and service providers, maintenance, conservation, modernization, exploitation, development or ownership of the Panama Canal and the reverted areas that restrict the rights of foreign investors and service providers.
2. The Panama Canal includes the water route itself, as well as its anchorages, berths and entrances; maritime, lake and river lands and waters; locks; auxiliary dikes; piers; and water control structures.
3. Reverted areas include lands, buildings and facilities and other assets that have reverted to the Republic of Panama in accordance with the Panama Canal Treaty of 1977 and its Annexes (Torrijos-Carter Treaty).
4. Sector: State-owned enterprises
Type of Reservation: National Treatment (Article 14.3) Local Presence (Article 15.5) Performance Requirements (Article 14.6) Senior Executives and Boards of Directors (Article 14.7)
Description: Investment and Cross-Border Trade in Services
Panama, when selling or disposing of equity interests or assets of an existing state enterprise or existing governmental entity, reserves the right to prohibit or impose limitations on:
(a) the provision of services;
(b) the ownership of such interest or property; and
(c) the technical, financial and experience capacity of the owners of such interests or assets to control the foreign participation in any resulting enterprise.
In connection with the sale or other form of disposition, Panama may adopt or maintain any measure relating to the nationality of senior executives or members of the Board of Directors.
5. Sector: Construction Services
Type of Reservation: National Treatment (Article 15.2) Local Presence (Article 15.5)
Description: Cross Border Trade in Services
Panama reserves the right to adopt or maintain residency requirements, registration or other local presence obligations, or to require a financial guarantee if and when necessary to ensure compliance with Panamanian law and private contractual obligations.
6. Sector: Fisheries and Fisheries-Related Services
Type of Reservation: National Treatment (Articles 14.3 and 15.2). Most-Favored-Nation Treatment (Articles 14.4 and 15.3)
Description: Investment and Cross-Border Trade in Services
Panama reserves the right to adopt or maintain a measure related to the requirements to invest, acquire, control and operate vessels engaged in fishing and related activities in Panamanian jurisdictional waters.
7. Sector: All Sectors
Type of Reservation: Most-Favored-Nation Treatment (Articles 14.4 and 15,3).
Description: Investment and Cross-Border Trade in Services
1. Panama reserves the right to adopt or maintain measures that grant differential treatment to countries under a bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
2. Panama reserves the right to adopt or maintain measures that grant differential treatment to countries by virtue of a bilateral or multilateral international treaty in force or subscribed subsequent to the date of entry into force of this Agreement with respect to:
(a) aviation;
(b) fishing; or
(c) maritime affairs ; including salvage.
8. Sector: All Sectors
Type of Reservation: Market Access (Article 15.4)
Description: Cross Border Trade in Services
Panama reserves the right to adopt or maintain measures that are not inconsistent with Panama's obligations under Article XVI of the GATS.
Subject to the reservations in the list of Panama in Annex I tabs 9 (Electric Power), 25 and 26. (Telecommunications), 27 (Business Services) 28 (Community, Social and Personal Services) 29 (Communications Services) 30 (Ports and Airports).
9. Sector: Transportation Services
Type of Reservation: National Treatment (Articles 14.3 and 10.03). Local Presence (Article 10.06) Performance Requirements (Article 14.6) Senior Executives and Boards of Directors (Article 14.7) Market Access (Article 15.4)
Description: Investment and Cross-Border Trade in Services
1. Panama reserves the right to adopt or maintain measures restricting the supply of services and investment related to scheduled passenger transportation, other types of non-scheduled passenger transportation, and commercial freight vehicle rental services with operator, or bus terminal services.
2. Inland cabotage within Panama's borders is reserved for national carriers only.