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.
Until 2013, the Quota applied to a distributor will be reduced to five point five percent (5.5%) if, during the immediately preceding year, the percentage of Colombian feature film titles it distributed for theaters or other exhibitors equaled or exceeded the percentage target established by the government.
Sector: Sound Broadcasting
Obligations Concerned: National Treatment (Article 13.3) Market Access (Article 13.5) Local Presence (Article 13.6)
Measures: Law 80 of 1993, Article 35 Law 74 of 1966, Article 7 Decree 1447 of 1995, Articles 7, 9 and 18.
Description: 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.
Sector: Television Broadcasting
Obligations Concerned: National Treatment (Articles 12.5 and 13.3) Performance Requirements (Article 12.9) Access to Markets (Article 13.5) Local Presence (Article 13.6)
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 48 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 open television services of national and local coverage for profit 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 paragraphs (a), (b) and (c) until January 31, 2009, after which date the minimum for those days and hours will be reduced to thirty percent (30%).
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.
Sector: Subscription television
Obligations Concerned: Performance Requirements (Article 12.9) Market Access (Article 13.5) Local Presence (Article 13.6)
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 nationally produced programming to which the providers of national free-to-air television services are obligated as described in the Open Television entry on pages 21 and 22 of this Annex. Colombia interprets Article 16 of Agreement 014 of 1997 as not requiring the 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 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 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.
Sector: Community Television
Obligations Concerned: Market Access (Article 13.5) Local Presence (Article 13.6)
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 six thousand (6000) associates or community members; and they must be offered under the modality of local access channels of closed networks.
Sector: Waste Disposal Services
Obligations Concerned: National Treatment (Annex 12.5)
Measures: Decree 2080 of 2000, Article 6
Description: Investment
Foreign investment is not allowed in activities related to the processing, disposal and disposal of toxic, hazardous or radioactive wastes not produced in the country.
Sector: Transportation
Obligations Concerned: Local Presence (Article 13.6)
Measures: Law 336 of 1996, Articles 9 and 10. Decree 149 of 1999, Article 5
Description: Cross-border trade in services
Providers of public transportation 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 transportation of cargo within and from the territory of Colombia.
Sector: Maritime and Inland Waterway Transport
Obligations Concerned: Performance Requirements (Article 12.9)
Measures: National Treatment (Article 13.3) Local Presence (Article 13.6)
Decree 804 of 2001, Articles 2 and 4 subsection 4 Code of Commerce of 1971, Article 1455 Decree 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 transportation services between two (2) points within Colombian territory (cabotage).
Every foreign flag vessel arriving at a Colombian port must have a representative legally responsible for its activities in Colombia and domiciled in Colombia.
Pilotage in Colombian territorial seas and rivers may only be performed by Colombian nationals.
In Colombian-registered vessels and foreign-flagged vessels (except fishing vessels) that operate in Colombian jurisdictional waters for a term of more than six (6) 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.
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, 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 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 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 shall be given for a term of six (6) months, but may be extended up to one (1) year.
Sector: Special Aerial Works
Obligations Concerned: National Treatment (Articles 12.5 and 13.3) Performance Requirements (Article 12.9) Most-Favored-Nation Treatment (Article 13.4) Local Presence (Article 13.6)
Measures: Code of Commerce, 1971, Articles 1795, 1803, 1804 and. 1864
Description: Investment and Cross-Border Trade in Services
Only Colombian nationals or legal entities legally constituted and domiciled in Colombia may provide special aerial work within Colombian territory.
Only Colombian nationals or legal entities 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 not less than ninety percent (90%) for its operation 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 I. Schedule of the Republic of El Salvador
Sector: All sectors
Obligations Concerned: National Treatment (Article 12.5) Most-Favored-Nation Treatment (Article 12.6)
Measures: Constitution of the Republic of El Salvador, Articles 95 and 109
Description: Investment
A foreign person may not own rural property, including a branch of a foreign person, if the person is a national of a country or is incorporated under the laws of a country that does not allow Salvadoran nationals to own rural property, except in the case of land for industrial establishments.
A company incorporated under Salvadoran law, whose majority capital is owned by foreign persons or whose partners are mostly foreigners, is subject to the preceding paragraph.
Sector: All sectors
Obligations Concerned: National Treatment (Article 12.5) Most-Favored-Nation Treatment (Article 12.6)
Measures: Constitution of the Republic of El Salvador, Articles 95 and 115
Investment Law, Legislative Decree 732, Article 7
Commercial Code, Article 6 Investment
Trade, industry and the provision of small services are the exclusive patrimony of Salvadorans by birth and natural Central Americans. Consequently, foreign investors will not have access to such activities.
A company incorporated under Salvadoran law, the majority of whose capital is foreign-owned, or the majority of whose partners are foreigners, may not establish a small company to engage in trade, industry and the provision of small services.
For purposes of this fact sheet, a small business is a business with a capitalization of not more than two hundred thousand United States dollars ($200,000).
Sector: All sectors
Obligations Concerned: National Treatment (Article 13.3) Most-Favored-Nation Treatment (Article 13.4)
Measures: Labor Code, Articles 7 and 10
Description: Cross-border trade in services
Every employer is obliged to integrate the personnel of his company with at least ninety percent (90%) of Salvadoran workers. In special circumstances, the Ministry of Labor and Social Security may authorize the employment of more foreigners when it is difficult or impossible to replace them with Salvadorans, and employers are obliged to train Salvadoran personnel under the supervision and control of said Ministry, for a period not exceeding five (5) years.
Sector: Cooperative production companies
Obligations Concerned: National Treatment (Article 12.5)
Measures: Regulations of the General Law of Cooperative Associations, Title VI, Chapter I, Article 84.
Description: Investment
In production cooperative associations, at least three fourths (3/4) of the number of associates must be Salvadoran.
For purposes of this non-conforming measure, a branch of a company that has not been incorporated under Salvadoran law is not considered a Salvadoran person.
For greater certainty, a cooperative production association exists to provide certain benefits to its members, including distribution, sales, administration and technical assistance. Its functions are not only economic but also social.
Sector: Shopping Centers and Establishments Free of Taxes
Obligations Concerned: National Treatment (Article 12.5)
Measures: Constitution of the Republic of El Salvador, Article 95.
Law for the Establishment of Free Stores in the Maritime Ports of El Salvador, Article 5
Description: Investment
Only Salvadoran nationals born in El Salvador and companies incorporated under Salvadoran law may apply for a permit to establish a duty-free commercial center or establishment in the seaports of El Salvador.
However, a company incorporated under Salvadoran law, the majority of whose capital is owned by foreigners or the majority of whose partners are foreigners, may not establish tax-free commercial centers or establishments in the seaports of El Salvador.
Sector: Air Services: Specialized Air Services
Obligations Concerned: National Treatment (Article 13.3) Most-Favored-Nation Treatment (Article 13.4)
Measures: Organic Law on Civil Aviation, Articles 5, 89 and 92.
Description: Cross-border trade in services
The provision of specialized air services requires prior authorization from the Civil Aviation Authority. The authorization of the Civil Aviation Authority is subject to reciprocity and must take into consideration the national air transportation policy.
Sector: Aircraft Repair and Service: Aircraft Repair and maintenance during which the aircraft is withdrawn from service and pilots of specialized air services
Obligations Concerned: National Treatment (Article 13.3) Most-Favored-Nation Treatment (Article 13.4)
Measures: Organic Law on Civil Aviation, Articles 39 and 40.
Description: Cross-border trade in services
El Salvador applies reciprocity requirements when recognizing or validating licenses, certificates and authorizations issued by foreign aeronautical authorities to:
(a) technical personnel providing repair and maintenance services during the period when the aircraft is removed from service; and
(b) pilots and other technical personnel providing specialized air services.