Decree 2542 of 1997, Art. 2
Decree 2926 of 2005, Art. 2
Description: Cross-border trade in services
Only companies legally incorporated in Colombia may receive concessions for the provision of telecommunications services in Colombia.
Until 31 July 2007, concessions for the routing of international long-distance traffic will be granted only to operators on the basis of their facilities and the number of concessions will be granted on the basis of an economic needs test.
For greater certainty, Colombia may grant licences for the provision of long-distance basic public switched telephone service on less favourable terms, with respect to payment and duration only, than those granted to Colombia Telecomunicaciones S.A. E.S.P. under Article 2 of Decree 2542 of 1997, Articles 13 and 16 of Decree 1616 of 2003 and Decree 2926 of 2005.
Sector: Cinematography
Subsector:
Obligations concerned:
National Treatment (Article 10.2) Performance Requirements (Article 9.6)
Measures: Law 814 of 2003, Art. 5, 14, 15 and 18.
Description: Investment and Cross-Border Trade in Services
The exhibition or distribution of foreign films is subject to the Film Development Fee, which is set at eight point five (8.5) percent of the monthly net income derived from such exhibition or distribution.
The Exhibitor's Fee shall be reduced by six point twenty-five (6.25) percentage points to two point twenty-five (2.25) percent when the exhibition of films is presented in conjunction with a national short film.
Until the year 2013, a distributor who, in the immediately preceding year, distributes for theatres a percentage of national films equal to or exceeding the government's established percentage of exhibition of national films for theatres or exhibition, will have his Quota for the following year reduced by three (3) percentage points to five point five (5.5) percent.
Sector: Radio broadcasting
Subsector:
Obligations concerned:
National Treatment (Article 10.2) Local Presence (Article 10.4) Market Access (Article 10.5)
Measures: Law 80 of 1993, Art. 35
Law 74 of 1966, Art. 7
Decree 1447 of 1995, Art. 7, 9 and 18.
Description: Cross-border trade in services
Concessions to provide sound broadcasting services may only be granted to Colombian nationals or to legal persons legally incorporated in Colombia. The number of concessions for the provision of radio broadcasting services is subject to an economic necessity test in accordance with the objective selection criteria provided for in the law.
Directors of news or journalistic programmes must be Colombian nationals.
Sector: Free-to-air television
Subsector:
Obligations concerned:
National Treatment (Articles 9.2 and 10.2) Local Presence (Article 10.4) Performance Requirements (Article 9.6) Market Access (Article 10.5)
Measures: Law 014 of 1991, Art. 37
Law 680 of 2001, Art. 1 and 4
Law 335 of 1996, Art. 13 and 24.
Law 182 of 1995, Art. 37 numeral 3, Art. 47 and Art. 48
Agreement 002 of 1995, Art. 10 Paragraph
Agreement 023 of 1997, Art. 8 Paragraph
Agreement 024 of 1997, Art. 6 and 9
Agreement 020 of 1997, Art. 3 and 4
Description: Investment and Cross-Border Trade in Services
Only Colombian nationals or legal persons legally constituted in Colombia may obtain concessions to provide free-to-air television services.
The concessionaires of privately operated national channels must be organised as joint stock companies.
The number of concessions for the provision of national and local for-profit free-to-air television services is subject to an economic needs test in accordance with the objective selection criteria set out in the law.
Foreign capital in free-to-air television concession companies is limited to forty (40) per cent.
National Television
National free-to-air television service providers (operators and concessionaires of slots) shall broadcast on each channel nationally produced programming as follows:
1) a minimum of seventy (70) percent between 19:00 hours and 22:30 hours (triple A);
2) a minimum of fifty (50) percent between 22:30 hours and 24:00 hours;
3) a minimum of fifty (50) percent between the hours of 10:00 a.m. and 7:00 p.m;
4) a minimum of fifty (50) percent for Saturdays, Sundays and holidays during the hours described in subparagraphs 1, 2 and 3 until 31 January 2009, after which date the minimum for those days and hours shall be reduced to thirty (30) percent.
Regional and local television
The television regional only can be provided by State-owned entities.
Regional and local free-to-air television service providers shall broadcast on each channel a minimum of fifty
(50) per cent nationally produced programming.
Sector: Pay-TV
Subsector:
Obligations concerned:
Market Access (Article 10.5) Local Presence (Article 10.4) Performance Requirements (Article 9.6)
Measures: Law 680 of 2001. Art. 4 and 11
Law 182 of 1995, Art. 42
Agreement 014 of 1997 Art.14, 16 & 30
Law 335 of 1996, Art. 8
Agreement 032 of 1998, Art. 7 and 9
Description: Investment and Cross-Border Trade in Services
Only legal entities legally constituted in Colombia may provide subscription television service guaranteeing subscribers reception without additional costs of Colombian national, regional and municipal free-to-air television channels available in the authorised coverage area. The transmission of regional and municipal channels will be subject to the technical capacity of the pay television operator.
Satellite television service providers are only obliged to maintain within their basic programming the transmission of the State's public interest channels. Any domestic content quota imposed on free-to-air channels subject to a retransmission requirement is applied to the retransmitted channel respecting the original signal.
Subscription TV not including satellite
The subscription television service concessionaire that transmits commercials other than those of origin must comply with the percentages of nationally produced programming to which national free-to-air television service providers are obliged to comply as described in the previous tab. 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 into programming outside the territory of Colombia. Colombia will continue to apply this interpretation, subject to Article 10.6.1(c) (Nonconforming Measures).
There will be no restrictions on the number of pay-TV concessions at the zonal, municipal and district levels after the current concessions at these levels expire and in any case no later than 31 October 2011.
Pay-TV service providers must produce and broadcast in Colombia a minimum of one hour of such programming daily, between 18:00 and 24:00 hours.
Sector: Community television
Subsector:
Obligations concerned:
Local Presence (Article 10.4) Access to Markets (Article 10.5)
Measures: Law 182 of 1995, Art. 37 numeral 4.
Agreement 006 of 1999, Art. 3 and 4
Description: Cross-border trade in services
Community television services can only be provided by organised communities legally constituted in Colombia as foundations, cooperatives, associations or corporations governed by civil law.
For the sake of clarity, these services are provided with restrictions regarding the area of coverage, number and type of channels, number of partners and under the closed television modality.
Sector: Toxic waste processing, disposal and disposal services.
Subsector:
Obligations concerned:
National Treatment (Article 9.2)
Measures: Decree 2080 of 2000, Art. 6.
Description: Investment
Foreign investment is not allowed in activities related to the processing, disposal and disposal of toxic, hazardous or radioactive waste not produced in the country.
Sector: Transport
Subsector:
Obligations concerned:
Local Presence (Article 10.4)
Measures: Law 336 of 1996, Art. 9 and 10.
Decree 149 of 1999, Art. 5
Description: Cross-border trade in services
Providers of public transport services within the 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 provide multimodal cargo transport services within and from the territory of Colombia.
Sector: Maritime and inland waterway transport
Subsector:
Obligations concerned:
National Treatment (Article 10.2) Local Presence (Article 10.4)
Measures: Decree 804 of 2001, Art. 2 and 4 Item 4.
1971 Commercial Code Art. 1455 Decree Law 2324 of 1984, Art. 99, 101 and 124.
Law 658 of 2001, Art. 11
Decree 1597 of 1998, Art. 23.
Description: Cross-border trade in services
Only companies legally constituted in Colombia, using Colombian flag vessels, can provide the public service of maritime and river transport between two points within Colombian territory (cabotage).
All foreign flag vessels arriving at a Colombian port must have a representative domiciled and legally responsible for their 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 period of more than six continuous or discontinuous months from the date of issue of the respective permit, the captain, officers and at least eighty (80) per cent of the rest of the crew must be Colombian nationals.
Sector: Port Services
Subsector:
Obligations concerned:
National Treatment (Article 10.2) Local Presence (Article 10.4) Market Access (Article 10.5)
Measures: Law 1 of 1991, Art. 5.20 and Art. 6.
Decree 1423 of 1989, Art. 38.
Description: Cross-border trade in services
The holders of port concessions must be legally constituted in Colombia as a corporation, whose corporate purpose is to invest in 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 authorise the provision of such services with foreign flag vessels if there are no Colombian flag vessels capable of providing the service. The authorisation shall be given for a term of six (6) months, but may be extended up to a maximum total period of one (1) year.
Sector: Special aerial works
Subsector:
Obligations concerned:
National Treatment (Articles 9.2 and 10.2) Local Presence (Article 10.4)
Most Favoured Nation Treatment (Article 10.3)
Measurements: Commercial Code, Articles 1795, 1803, 1804 and 1864.
Description: Investment and Cross-Border Trade in Services
Only Colombian nationals or legal persons legally constituted and domiciled in Colombia may perform special aerial work within Colombian territory.
Only Colombian nationals or legal persons legally constituted in Colombia may own and have actual and effective control of any aircraft registered to provide special aerial work in Colombia.
Any special air services company that has established an agency or branch in Colombia must employ Colombian workers in a proportion of no less than ninety per cent for its operations in Colombia. This percentage shall not apply to foreign workers from a country that offers reciprocity to Colombian workers. The aeronautical authority may allow, for duly justified reasons and for the indispensable time, to disregard the limit of workers indicated.
Annex II . Explanatory Note
1. A Party's Schedule to this Annex indicates, in accordance with Articles 9.8 and 10.6 (Non-Conforming Measures), the sectors, sub-sectors, or specific activities for which that Party may maintain existing measures or adopt new or more restrictive measures that are inconsistent with the obligations imposed by:
(a) Articles 9.2 or 10.2 (National Treatment);
(b) Articles 9.3 or 10.3 (Most Favoured Nation Treatment);
(c) Article 10.4 (Local Presence);
(d) Article 10.5 (Market Access);
(e) Article 9.6 (Performance Requirements);
(f) Article 9.7 (Senior Executives and Boards of Directors).
2. Each tab in the Annex sets out the following elements:
(a) Sector refers to the sector for which the record has been made;
(b) Sub-sector refers to the specific sector for which the fiche has been made;
(c) Obligations concerned specifies the obligation(s) referred to in paragraph 1 that, under Articles 9.8.2 and 9.8.3, are
10.6.2 (Non-conforming Measures), does not apply to the sectors, sub-sectors or activities listed in the fiche;
(d) Description describes the coverage of the sectors, sub-sectors, or activities covered by the fiche; and
(e) Measures in force identifies, for transparency purposes, the measures in force that apply to the sectors, sub-sectors or activities covered by the fiche.