Satellite television service providers are only obliged to include in their basic programming the transmission of Colombian State public interest channels. 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 subscription television service concessionaire that transmits commercials other than those of origin must comply with the minimum percentages of nationally produced programming to which the providers of national free-to-air television services are obliged, as described in the Open Television tab on pages 21 and 22 of this Annex. Colombia interprets Article 16 of Agreement 014 of 1997 as not requiring subscription television service providers to comply with minimum percentages of nationally produced programming when commercials are inserted in programming outside the territory of Colombia. Colombia shall continue to apply this interpretation, subject to Article 13.7(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 any event no later than 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.
Sector: Community Television
Obligations Concerned: Access to Markets (Article 13.5)
Local Presence (Article 13.6)
Measures: Law 182 of 1995, Art. 37 numeral 4.
Agreement 006 of 1999, Arts. 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 the area of coverage, number and type of channels; they may be offered to no more than 6000 associates or community members; and they must be offered under the modality of local access channels of closed networks.
Sector: Toxic Waste Processing, Disposal, and Disposal Services
Obligations Concerned: National Treatment (Article 12.2)
Measures: Decree 2080 of 2000, Art. 6
Description: Investment
Foreign investment is not allowed in activities related to the processing, disposal and elimination of toxic, hazardous or radioactive wastes not produced in Colombia.
Sector: Transportation
Obligations Concerned: Local Presence (Article 13.6)
Measures: Law 336 of 1996, Arts. 9 and 10.
Decree 149 of 1999, Art. 5
Description: Cross Border Trade in Services
Suppliers of public transportation services within Colombian territory must be companies legally incorporated and domiciled in Colombia.
Only foreign companies with an agent or representative domiciled and legally responsible for their activities in Colombia may supply multimodal cargo transportation services within and from Colombian territory.
Sector: Maritime and Fluvial Transportation
Obligations Concerned: Performance Requirements (Article 12.6)
Senior Executives and Boards of Directors (Article 12.5) National Treatment (Article 13.3)
Local Presence (Article 13.6)
Measures: Decree 804 of 2001, Arts. 2 9 and 4 clause 4 Code of Commerce of 1971, Art. 1455
Decree Law 2324 of 1984, Arts. 99, 101 9 and 124.
Law 658 of 2001, Art. 11
Decree 1597 of 1988, Art. 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 transportation services between two points within Colombian territory (cabotage).
Any 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 flag vessels (except fishing vessels) operating in Colombian jurisdictional waters for a term of more than six months, continuous or discontinuous from the date of issuance of the respective permit, the captain, officers and at least 80 percent of the rest of the crew must be Colombian nationals.
Sector: Port Services
Obligations Concerned: National Treatment (Article 13.3)
Market Access (Article 13.5) Local Presence (Article 13.6)
Measures: Law 1 of 1991, Arts. 5.20 and 6.
Decree 1423 of 1989, Art. 38.
Description: Cross-Border Trade in Services
Holders of a concession to provide port services must be legally incorporated 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 spaces. 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 for a term of six months, but may be extended up to a maximum total period of one year.
Sector: Air Services
Obligations Concerned: National Treatment (Article 12.2)
Performance Requirements (Article 12.6)
Measures: Commercial Code of 1971, Arts. 1795, 1803 and 1804
Description: Investment
Only Colombian nationals or legal persons 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 90 percent for its operation in Colombia.
Annex I. Schedule of Costa Rica
1. Sector: All Sectors
Obligations Concerned: Local Presence (Article 13.6)
Measures: Law No. 3284 of April 30, 1964 - Commercial Code - Article 226.
Law No. 218 of August 8, 1939 - Law of Associations - Article 16.
Executive Decree No. 29496-J of April 17, 2001 - Regulations to the Law of Associations - Article 34.
Description: Cross Border Trade of Services
Associations domiciled abroad that wish to operate in Costa Rica and foreign legal entities that have or wish to open branches in the territory of Costa Rica, are obliged to constitute and maintain in the country a general attorney-in-fact for the business of the branch.
2. Sector: All Sectors
Obligations Concerned: National Treatment (Articles 12.2 and 13.3) Access to Markets (Article 13.5) Local Presence (Article 13.6)
Measures: Law No. 6043 of March 2, 1977 - Law on the Maritime Terrestrial Zone - Chapters 2, 3 and 6 and Article 31.
Law No. 2825 of October 14, 1962- Land and Colonization Law (ITCO IDA) - Chapter 2.
Regulation No. 10 of April 28, 2008- Autonomous Regulation of Border Leases - Chapters 1 and 2.
Description: Investment and Cross Border Trade in Services.
A concession is required to carry out any type of development or activity in the maritime-terrestrial zone. (1) Such concession shall not be granted to or held by:
(a) foreigners who have not resided in the country for at least five years;
(b) companies with bearer shares;
(c) companies domiciled abroad;
(d) companies incorporated in the country solely by foreigners; or
(e) companies whose shares or capital quotas are owned in more than 50 percent by foreigners.
In the maritime-terrestrial zone, no concession shall be granted within the first 50 meters counted from the high tide line or in the area between the high tide line and the low tide line.
The following shall be considered inalienable and not subject to acquisition:
The land included in a zone of 2000 meters wide along the borders with Nicaragua and Panama, can be acquired by denouncement or possession, except those that are under private domain, with legitimate title. In the case of natural persons, in order to be a lessee of these lands, foreigners must demonstrate, by means of a certification issued by the General Directorate of Immigration and Foreigners, that they are within the category of permanent residents. In the case of juridical persons, whose capital stock belongs to foreign citizens in more than 50 percent, the requirement of permanent residence applies to the foreign owners.
3. Sector: All Sectors
Obligations Concerned: National Treatment (Articles 12.2 and 13.3) Access to Markets (Article 13.5) Local Presence (Article 13.6)
Measures: Law No. 7762 of April 14, 1998 - General Law of Concession of Public Works with Public Services - Chapter 4.
Description: Investment and Cross-Border Trade in Services.
For public works concession contracts and public works concession contracts with public services defined in accordance with Costa Rican law, in the event of a tie in the selection parameters under the cartel rules, the Costa Rican bid will win the bid over the foreign bid. The successful bidder is obliged to incorporate a national corporation with which the concession contract will be executed. Likewise, it will be jointly and severally liable with this corporation.
4. Sector: Professional Services
Obligations Concerned: National Treatment (Articles 12.2 and 13.3) Most-Favored-Nation Treatment (Articles 12.3 and 13.4) Market Access (Article 13.5) Local Presence (Article 13.6)
Measures: Law No. 7221 of April 6, 1991 - Organic Law of the College of Agronomists - Articles 5, 6, 8, 10, 15, 16, 18, 19, 20, 23, 24 and 25.
Executive Decree No. 22688-MAG-MIRENEM of November 22, 1993- General Regulations to the Organic Law of the College of Agronomists of Costa Rica - Articles 6, 7 and 9.
Executive Decree No. 29410-MAG of March 2, 2001- Regulations for the Registry of Appraisers - Appraisers of the College of Agronomists - Articles 6, 20 and 22.
Law No. 5230 of July 2, 1973- Organic Law of the College of Geologists of Costa Rica - Article 9.
Executive Decree No. 6419-MEIC of October 18, 1976- Regulations of the College of Geologists of Costa Rica - Articles 4, 5 and 37.
Law No. 15 of October 29, 1941- Organic Law of the College of Pharmacists - Articles 2, 9 and 10.
Executive Decree No. 3503 of February 6, 1974- General Organic Regulations or Internal Regulations of the College of Pharmacists of Costa Rica - Articles 2 and 6.
Regulation of Pharmaceutical Specialties of the College of Pharmacists of Costa Rica of October 27, 2010- Articles 4, 6, 9, 17 and 18.
Law No. 5784 of August 19, 1975- Organic Law of the College of Dental Surgeons of Costa Rica - Articles 2, 5, 6, 9, 10, 14 and 15.
Law No. 3663 of January 10, 1966- Organic Law of the Federated College of Engineers and Architects - Articles 5, 9, 11, 13, 14 and 52.
Executive Decree No. 3414-T of December 3, 1973- General Internal Regulations of the Federated College of Engineers and Architects of Costa Rica - Articles 1, 3, 7, 9, 54, 55 and 60.
Special Regulations of Incorporation of the Federated College of Engineers and Architects of Costa Rica of December 6, 1982 - Articles 7 and 8.
Law No. 1038 of August 19, 1947 - Law of Creation of the College of Public Accountants - Articles 3, 4, 12 and 15.
Executive Decree No. 13606-E of May 5, 1982- Regulations of the College of Public Accountants of Costa Rica - Articles 4, 5, 8, 10 and 30.
Regulation No.9 of May 25, 2010- Regulation of the Procedure and Requirements for Incorporation to the College of Public Accountants of Costa Rica - Article 3.
Law No. 3455 of November 14, 1964- Organic Law of the College of Veterinarians - Articles 2, 4, 5, 7 and 27.
Executive Decree No. 19184-MAG of July 10, 1989 - Regulations to the Organic Law of the College of Veterinarians - Articles 6, 7, 10, 11, 19 and 24.
Law No. 2343 of May 4, 1959 - Organic Law of the College of Nurses - Articles 2, 22, 23, 24 and 28.
Executive Decree No. 37286 of April 19, 2012- Regulations to the Organic Law of the College of Nurses of Costa Rica - Articles 1, 6, 7, 12, 13, 155 and 158.
Regulation No. 2044 of July 07, 2011- Regulation of Incorporation of the College of Nurses of Costa Rica - Article 11.
Law No. 7764 of April 17, 1998- Notarial Code - Articles 3 and 10.
Law No. 13 of October 28, 1941- Organic Law of the Bar Association - Articles 2, 6, 7, 8 and 18.
Executive Decree No. 20 of July 17, 1942- Internal Regulations of the Bar Association - Article 1.
Agreement No. 2008-45-034 of December 09, 2008- Manual of Incorporation of Law Graduates to the Bar Association - Articles 2, 7 and 8.
Law No. 1269 of March 2, 1951- Organic Law of the College of Private Accountants of Costa Rica - Articles 2 and 4.
Executive Decree No. 3022 of May 21, 1973- Regulations of the Organic Law of the College of Private Accountants of Costa Rica - Articles 5 and 39.
Regulation No. 90-1 of May 18, 2004- Regulations for the Procedures and Requirements for Incorporation to the College of Private Accountants of Costa Rica - Article 3.
Law No. 8412 of April 22, 2004- Organic Law of the College of Chemical Engineers and Related Professionals and Organic Law of the College of Chemists of Costa Rica - Articles 7, 16, 17, 18, 19, 20, 21, 61, 67, 77, 82, 83, 84, 86 and 92.
Executive Decree No. 34699-MINAE-S of April 15, 2008- Regulations to Title II of the Organic Law of the College of Chemical Engineers and Related Professionals and Organic Law of the College of Chemists of Costa Rica, Law No. 8412 of April 22, 2004, Regulations of the College of Chemists of Costa Rica - Articles 2, 3, 14, 15 and 16 and Chapter VI.
Executive Decree No. 35695-MINAET of May 25, 2009- Regulations to Title I of the Organic Law of the College of Chemical Engineers and Related Professionals of Costa Rica and Organic Law of the College of Chemists of Costa Rica, Law No. 8412 - Articles 1, 3, 6, 8, 13, 110, 111, 114, 115, 116, 117,118, 119, 121, 122, 123, 125, 128, 130, 145, 154, 155, 156, 158 and 161and Chapter XVII, Chapter XIX, Chapter XXI, Chapter XXIV.
Law No. 3019 of August 9, 1962- Organic Law of the College of Physicians and Surgeons - Articles 4, 5, 6 and 7.
Executive Decree No. 23110-S of March 22, 1994- Regulations to the Organic Law of the College of Physicians and Surgeons - Article 10.
Executive Decree No. 2613-SPSS of November 3, 1972- General Regulations to Authorize the Practice of Professionals of Dependent Branches of the Medical Sciences and Technicians in Medical and Surgical Matters - Articles 1 and 4.
Regulation No. 9 of September 19, 2012- Regulations for Technologists in Medical Sciences, authorized by the College of Physicians and Surgeons- Articles 4, 7 and 44.
Regulation No. 12 of February 12, 2007- Chapter of Professionals Related to Medical Sciences - Article 14.
Law No. 3838 of December 19, 1966- Organic Law of the College of Optometrists of Costa Rica - Articles 6 and 7.
Law No. 4420 of December 22, 1969- Organic Law of the College of Journalists of Costa Rica - Articles 2, 24, 25 and 27.
Executive Decree No. 32599 of June 13, 2005- Regulations of the College of Journalists of Costa Rica - Articles 1, 3, 47 and 48.
Law No. 7106 of November 4, 1988- Organic Law of the College of Professionals in Political Sciences and International Relations - Articles 26 and 29.
Executive Decree No. 19026-P of May 31, 1989- Regulations to the Organic Law of the College of Professionals in Political Science and International Relations - Articles 1, 10, 19, 21 and 22.
Law No. 4288 of December 20, 1968- Organic Law of the College of Biologists - Articles 6 and 7.
Executive Decree No. 39 of May 6, 1970- Regulations of the Organic Law of the College of Biologists of Costa Rica - Articles 10, 11, 16, 17, 18 and 19.
Law No. 5402 of April 30, 1974- Organic Law of the College of Librarians of Costa Rica - Article 5.
General Regulations of the College of Librarians of Costa Rica, approved at the Ordinary General Assembly of October 2, 1991 - Articles 12 and 17.
Law No. 7537 of August 22, 1995- Organic Law of the College of Professionals in Informatics and Computing - Articles 6 and 8.
Executive Decree No.35661-MICIT of November 18, 2009- General Regulations of the Organic Law of the College of Professionals in Informatics and Computing - Articles 1, 22 and 23.
Law No. 8142 of November 5, 2001- Law of Official Translations and Interpretations - Article 6.
Executive Decree No. 30167-RE of January 25, 2002- Regulations to the Law of Official Translations and Interpretations - Article 10.
Law No. 7105 of October 31, 1988- Organic Law of the College of Professionals in Economic Sciences - Articles 4, 6, 15, 19 and 20.
Executive Decree No. 20014-MEIC of September 19, 1990- General Regulations of the College of Professionals in Economic Sciences of Costa Rica - Articles 10, 14 and 17.
Regulation No. 77 of June 20, 2009- Admission Regulations of the College of Professionals in Economic Sciences of Costa Rica, - Articles 10, 12, 13 and 24.
Executive Decree No. 24686 of September 19, 1995- Regulation of Professional Audit of Consulting Entities - Articles 2 and 5.
Law No. 7503 of May 3, 1995- Organic Law of the College of Physicists - Articles 6 and 10.
Executive Decree No. 28035-MINAE-MICIT of April 14, 1999- Regulations to the Organic Law of the College of Physicists - Articles 6, 7, 10, 11, 18 and 21.
Law No. 8863 of September 18, 2010- Organic Law of the College of Guidance Professionals - Articles 3, 4, 8 and 10.
Law No. 6144 of November 28, 1977- Organic Law of the Professional Association of Psychologists of Costa Rica - Articles 4, 5, 6 and 7.
Regulations to the Organic Law of the Professional Association of Psychologists of Costa Rica, approved in session No. 3 of the Ordinary General Assembly of March 9, 1977.