22. Sector: Environmental Services
Subsector: Waste-Related Services
Obligations Concerned: National Treatment (Article 8.5)
Level of Government: Central
Measures: Decreto 119 of 2017, Art. 2.17.2.2.2.1, unified by Art. 2.17.2.2.3.1 of Decreto 1068 of 2015 (Single Regulation Decree of the Trade Sector).
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
23. Sector: Transport Services
Subsector: Transportation
Obligations Concerned: Local Presence (Article 9.5)
Level of Government: Central
Measures: Ley 336 of 1996, Arts. 9 and 10
Decreto 149 of 1999, Art. 5, unified by Art. 2.4.4.1.5 of Decreto 1079 of 2015 (Single Regulation Decree of the Transport Sector).
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 its activities in Colombia, may supply multimodal transportation of cargo within and from the territory of Colombia.
24. Sector: Transport Services
Subsector: Maritime and Fluvial Transportation
Obligations Concerned: Performance Requirements (Article 8.9) Senior Management and Board of Directors (Article 8.10) National Treatment (Article 9.3 and Article 8.5) Local Presence (Article 9.5)
Level of Government: Central
Measures: Decreto 804 of 2001, Arts. 2 and 4 inciso 4
Código de Comercio of 1971, Arts. 1455 and 1492
Decreto Ley 2324 of 1984, Arts. 99, 101 and 124
Ley 658 of 2001, Art. 11
Decreto 1597 of 1988, Art. 23, unified by Decreto 1079 of 2015 (Single Regulation Decree of the Transport Sector).
Description: Investment and 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). For greater certainty, this reservation applies to maritime activities of a commercial nature, including repositioning of empty containers.
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.
25. Sector: Port Services
Subsector:
Obligations Concerned: National Treatment (Article 9.3) Market Access (Article 9.6) Local Presence (Article 9.5)
Level of Government: Central
Measures: Ley 1 of 1991, Arts. 5.20 and 6
Decreto 1423 of 1989, Art. 38, unified by Decreto 1079 of 2015 (Single Regulation Decree of the Transport Sector).
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.
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.
26. Sector: Transport Services
Subsector: Air Services
Obligations Concerned: National Treatment (Article 8.5) Performance Requirements (Article 8.9)
Level of Government: Central
Measures: Código de Comercio de 1971, Arts. 1795, 1803 y 1804
Description: Investment
Only Colombian nationals or juridical persons organized under Colombian law may own and maintain real and effective control of an airplane registered to supply commercial air services in Colombia.
All air services companies established in Colombia as an agency or branch shall employ Colombian workers in a proportion of no less than 90 percent for their operation in Colombia
Annex II. COLOMBIA - EXPLANATORY NOTES
1. The Schedule of Colombia to this Annex sets out, pursuant to Articles 9.7 (Non- Conforming Measures) and 8.11 (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 8.5 (National Treatment) or 9.3 (National Treatment);
(b) Article 8.6 (Most-Favored Nation Treatment) or 9.4 (Most-Favored-Nation Treatment);
(c) Article 8.9 (Performance Requirements)
(d) Article 8.10 (Senior Management and Boards of Directors)
(e) Article 9.5 (Local Presence); or
(f) Article 9.6 (Market Access).
2. Each Schedule entry sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Subsector refers to the specific subsector for which the entry is made;
(c) Obligations Concerned specifies the article(s) referred to in paragraph 1 that, pursuant to Articles 9.7 (Non-Conforming Measures) and 8.11 (NonConforming Measures), do not apply to the sectors, subsectors or activities scheduled in the entry;
(d) Description sets out the scope of the sectors, subsectors, or activities covered by the entry; and
(e) Existing Measures identify, for a transparency purpose, the existing measures for sector, subsectors or activities covered by the entry.
3. In accordance with Articles 9.7 (Non-Conforming Measures) and 8.11 (NonConforming 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.
4. In the interpretation of a Schedule entry, all elements of the entry shall be considered equally. The Description element shall prevail over all other elements.
ANNEX II. SCHEDULE OF COLOMBIA
1. Sector: Certain Sectors
Subsector:
Obligations Concerned:
Market Access (Article 9.6)
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, the revenue of which is 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 gambling;
(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.
2. Sector: All Sectors
Subsector:
Obligations Concerned: National Treatment (Article 8.5)
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 reservation:
a) border region means a zone of two kilometers in width, parallel to the national border line;
b) national coast means a zone of two 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.
Existing Measures:
3. Sector: All Sectors
Subsector:
Obligations Concerned: Most Favored Nation Treatment (Article 8.6 and 9.4)
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:
(a) aviation;
(b) fisheries; and
(c) maritime matters, including salvage.
Existing Measures:
4. Sector: Social Services
Subsector:
Obligations Concerned: National Treatment (Article 8.5 and 9.3) Most Favored Nation Treatment (Article 8.6 and 9.4) Market Access (Article 9.6) Local Presence (Article 9.5) Performance Requirements (Article 8.9) Senior Management and Board of Directors (Article 8.10)
Description: Investment and Cross-Border Trade in Services
Colombia 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: social re-adaptation, income security or insurance, social security, social welfare, public training and education, health, and child care.
For greater certainty, the social security system (Sistema de Seguridad Social Integral) of Colombia is currently comprised of the following mandatory systems: pensions (Sistema General de Pensiones), health insurance (Sistema General de Seguridad Social en Salud), workers compensation (Sistema General de Riesgos Profesionales), and severance pay (Régimen de Cesantia y Auxilio de Cesantia).
Existing Measures:
5. Sector: Issues Related to Minorities and Ethnic Groups
Subsector:
Obligations Concerned: National Treatment (Article 8.5 and 9.3) Most Favored Nation Treatment (Article 8.6 and 9.4) Market Access (Article 9.6) Local Presence (Article 9.5) Performance Requirements (Article 8.9) Senior Management and Board of Directors (Article 8.10)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities and ethnic groups, including with respect to the communal lands held by ethnic groups in accordance with Art. 63 of the Constitucién Politica de Colombia. The ethnic groups in Colombia are: indigenous and ROM (gypsy) people, Afro-Colombian communities and the Raizal community of the Archipelago of San Andres, Providencia, and Santa Catalina.
Existing Measures:
6. Sector: Cultural Industries and Activities
Subsector:
Obligations Concerned: National Treatment (Article 8.5 and 9.3) Most Favored Nation Treatment (Article 8.6 and 9.4)
Description: Investment and Cross-Border Trade in Services
For purposes of this entry, the term "cultural industries and activities" means:
(a) publication, distribution, or sale of books, magazines, periodical publications, or printed or electronic newspapers, excluding the printing and typesetting of any of the foregoing;
(b) production, distribution, sale, or display of recordings of movies or videos;
(c) production, distribution, sale, or display of music recordings in audio or video format;
(d) production and presentation of performing arts;
(e) production and exhibition of visual arts;
(f) production, distribution, or sale of printed music scores or scores readable by machines;
(g) design, production, distribution, and sale of handicrafts;
(h) radiobroadcasts aimed at the public in general, as well as all radio, television, and cable television-related activities; satellite programming services; and broadcasting networks; or
(i) design and creation of advertising contents.
Colombia reserves the right to adopt or maintain any measure according preferential treatment to persons of any other country pursuant to any agreement between Colombia and such other country containing specific commitments regarding cultural cooperation or co- production in cultural industries and activities.
For greater certainty, articles 8.5 and 9.3 (National Treatment) and 8.6 and 9.4) (Most Favored Nation Treatment) do not apply to "government support" (1).
Colombia may adopt or maintain any measure that accords a person of another Party treatment equivalent to that accorded by that other Party to Colombian persons in the audiovisual, publishing, or music sector.
Existing Measures:
7. Sector: Jewelry
Design
Performing Arts
Music
Visual Arts
Audiovisuals