Legal Guide 1 Protection to Foreign Investment.pdf
This document provides an overview of the legal protections for foreign investment in Colombia. It notes that the Colombian constitution grants equal treatment to foreign and domestic investment. Colombia has also ratified many international investment agreements and double taxation agreements to protect foreign investors and ensure fair treatment. The key principles of Colombia's foreign investment regime are equal treatment, universality, automaticity, and stability. The document provides details on the content and protections typically found in Colombia's international investment agreements and double taxation agreements.
This document provides an overview of the legal protections for foreign investment in Colombia. It notes that the Colombian constitution grants equal treatment to foreign and domestic investment. Colombia has also ratified numerous international investment agreements and double taxation agreements to protect foreign investors and ensure fair treatment. The key principles of Colombia's foreign investment regime are equal treatment, universality, automaticity, and stability. The document provides details on the content and protections typically included in Colombia's international investment agreements and double taxation agreements.
This document is a legal guide for doing business in Colombia that was prepared in March 2019. It provides an overview of Colombia's foreign exchange regime and regulations. The key points covered include:
- Colombia has a flexible foreign exchange regime regulated by the Central Bank, with oversight from other agencies depending on the transaction type.
- There is a foreign exchange market for transactions like foreign investment, imports/exports, loans, and derivatives, which must be reported to the Central Bank. Other transactions occur in the non-regulated free market.
- Foreign investment includes direct investment like acquiring company shares/quotas and indirect investment like portfolio investments. Both entering and exiting investments must be registered.
- The guide outlines the forms
This document provides an overview and introduction to doing business in Colombia, including protections for foreign investment. Some key points:
1. Colombia provides strong legal protections for foreign investment, including equal treatment under the constitution, protections in international investment agreements, and guarantees around expropriation and free transfers.
2. Foreign direct investment is permitted in all sectors with few exceptions and generally does not require prior authorization, only registration for statistical purposes.
3. Colombia has signed numerous trade agreements and double taxation agreements to reduce barriers and incentivize investment, ensuring access to over 1.5 billion consumers and preventing double taxation.
4. The introduction provides context on Colombia's economy and growth rates in recent decades as well as
This document provides an overview and introduction to doing business in Colombia. It summarizes key aspects of foreign investment protection and regulations in Colombia. Some of the main points covered include:
1) Colombia provides strong legal protections for foreign investment, including equal treatment under the law as local investments and prohibitions on expropriation without compensation.
2) The country has signed numerous international investment agreements and double taxation treaties to encourage foreign investment and reduce business costs.
3) Foreign investment is permitted in most sectors and does not require prior authorization in most cases. Investments must be registered for statistical purposes.
4) Protections include national treatment, most favored nation treatment, and guarantees around repatriating profits
This document provides an overview of investment law and policy for LLM students. It begins by defining investment and distinguishing between domestic and foreign investment. It notes that while there is no single definition, investment generally refers to the expenditure of assets to generate profits. The document then examines Ethiopia's investment proclamation and its definitions. It also discusses different theories of foreign direct investment, including the classical, dependency, and middle path theories. Finally, it analyzes sources of international investment law such as treaties, customs, and judicial decisions, with a focus on the growing importance of bilateral investment treaties.
This document provides an overview of foreign investment in the energy sectors of Bolivia and Ecuador. It discusses how both countries initially liberalized their economies and energy laws in the 1980s-1990s to attract foreign investment and partnerships in oil/gas projects. However, in the late 1990s/2000s, both experienced a rise in resource nationalism as left-wing governments sought greater state control over natural resources. This led to disputes between investors and the states and cases at ICSID. The document examines the cycle of resource nationalism and how international investment law aims to balance state sovereignty and investor protections.
Brendan Berne, Australian Department of Foreign Affairs and Trade, 2014 ASEAN...
This presentation by Brendan Berne was made at the session on "Investment policy reform and regional integration" during the 2nd ASEAN-OECD Investment Policy Conference held on 10-11 December 2014.
Find out more at: http://www.oecd.org/daf/inv/investment-policy/2014-asean-oecd-investment-policy-conference.htm
This document provides a summary of Colombia's foreign investment laws and policies:
1. Colombia protects foreign investment through its constitution and international agreements. Foreign investors have the same rights as domestic investors and are protected from discrimination.
2. Foreign investment is permitted in all sectors except national defense, security, and toxic waste. Some private industries have foreign ownership limits.
3. Colombia has signed numerous investment protection agreements and double taxation treaties to encourage investment and ensure investors are not subject to double taxation. It is also a member of investment protection organizations.
Legal guide to do business in Colombia 01ProColombia
This document provides a summary of the key protections and considerations for foreign investment in Colombia according to its legal framework:
1. Colombia's constitution grants equal treatment to foreign and domestic investment, and its network of international investment agreements and free trade agreements guarantee fair treatment of foreign investment.
2. Foreign investment is permitted in all economic sectors with few exceptions, and generally does not require prior authorization beyond registration with the Central Bank for statistical purposes.
3. Colombia has over 60 bilateral investment treaties and free trade agreements that help protect foreign investors and provide access to other markets, as well as double taxation agreements that help reduce tax burdens.
This document provides a summary of the key protections and considerations for foreign investment in Colombia according to its legal framework:
1. Colombia's constitution grants equal treatment to foreign and domestic investment, and its network of international investment agreements and free trade agreements guarantee fair treatment of foreign investment.
2. Foreign investment is permitted in all economic sectors with few exceptions, and generally does not require prior authorization beyond registration with the Central Bank for statistical purposes.
3. Colombia has over 60 bilateral investment treaties and free trade agreements that help avoid double taxation and ensure access to over 1.5 billion global consumers for foreign investors.
Legal Guide 1 Protection to Foreign Investment.pdfProColombia
This document provides an overview of the legal protections for foreign investment in Colombia. It notes that the Colombian constitution grants equal treatment to foreign and domestic investment. Colombia has also ratified many international investment agreements and double taxation agreements to protect foreign investors and ensure fair treatment. The key principles of Colombia's foreign investment regime are equal treatment, universality, automaticity, and stability. The document provides details on the content and protections typically found in Colombia's international investment agreements and double taxation agreements.
Legal Guide to do Business in Colombia.pdfProColombia
This document provides an overview of the legal protections for foreign investment in Colombia. It notes that the Colombian constitution grants equal treatment to foreign and domestic investment. Colombia has also ratified numerous international investment agreements and double taxation agreements to protect foreign investors and ensure fair treatment. The key principles of Colombia's foreign investment regime are equal treatment, universality, automaticity, and stability. The document provides details on the content and protections typically included in Colombia's international investment agreements and double taxation agreements.
This document is a legal guide for doing business in Colombia that was prepared in March 2019. It provides an overview of Colombia's foreign exchange regime and regulations. The key points covered include:
- Colombia has a flexible foreign exchange regime regulated by the Central Bank, with oversight from other agencies depending on the transaction type.
- There is a foreign exchange market for transactions like foreign investment, imports/exports, loans, and derivatives, which must be reported to the Central Bank. Other transactions occur in the non-regulated free market.
- Foreign investment includes direct investment like acquiring company shares/quotas and indirect investment like portfolio investments. Both entering and exiting investments must be registered.
- The guide outlines the forms
Legal Guide 1 Protection to Foreign InvestmentProColombia
This document provides an overview and introduction to doing business in Colombia, including protections for foreign investment. Some key points:
1. Colombia provides strong legal protections for foreign investment, including equal treatment under the constitution, protections in international investment agreements, and guarantees around expropriation and free transfers.
2. Foreign direct investment is permitted in all sectors with few exceptions and generally does not require prior authorization, only registration for statistical purposes.
3. Colombia has signed numerous trade agreements and double taxation agreements to reduce barriers and incentivize investment, ensuring access to over 1.5 billion consumers and preventing double taxation.
4. The introduction provides context on Colombia's economy and growth rates in recent decades as well as
This document provides an overview and introduction to doing business in Colombia. It summarizes key aspects of foreign investment protection and regulations in Colombia. Some of the main points covered include:
1) Colombia provides strong legal protections for foreign investment, including equal treatment under the law as local investments and prohibitions on expropriation without compensation.
2) The country has signed numerous international investment agreements and double taxation treaties to encourage foreign investment and reduce business costs.
3) Foreign investment is permitted in most sectors and does not require prior authorization in most cases. Investments must be registered for statistical purposes.
4) Protections include national treatment, most favored nation treatment, and guarantees around repatriating profits
This document provides an overview of investment law and policy for LLM students. It begins by defining investment and distinguishing between domestic and foreign investment. It notes that while there is no single definition, investment generally refers to the expenditure of assets to generate profits. The document then examines Ethiopia's investment proclamation and its definitions. It also discusses different theories of foreign direct investment, including the classical, dependency, and middle path theories. Finally, it analyzes sources of international investment law such as treaties, customs, and judicial decisions, with a focus on the growing importance of bilateral investment treaties.
This document provides an overview of foreign investment in the energy sectors of Bolivia and Ecuador. It discusses how both countries initially liberalized their economies and energy laws in the 1980s-1990s to attract foreign investment and partnerships in oil/gas projects. However, in the late 1990s/2000s, both experienced a rise in resource nationalism as left-wing governments sought greater state control over natural resources. This led to disputes between investors and the states and cases at ICSID. The document examines the cycle of resource nationalism and how international investment law aims to balance state sovereignty and investor protections.
This presentation by Brendan Berne was made at the session on "Investment policy reform and regional integration" during the 2nd ASEAN-OECD Investment Policy Conference held on 10-11 December 2014.
Find out more at: http://www.oecd.org/daf/inv/investment-policy/2014-asean-oecd-investment-policy-conference.htm
1. International investment law has historically curbed the regulatory freedom of host states by expanding protections for foreign investors through principles like international minimum standard of treatment, national treatment, and most-favored-nation treatment.
2. This has limited host states' ability to regulate in the public interest and fulfill their obligations to their own citizens.
3. The document proposes recognizing a "national minimum standard of protection for host states" based on concepts of social contract and human rights law, to establish a baseline ability for host states to protect their citizens from corporate harms and fulfill their democratic mandates.
Legal guide to do business in Colombia 09ProColombia
This document is a 2021 legal guide for doing business in Colombia published by ProColombia. It provides an overview of Colombia's laws and regulations across various topics relevant for foreign investors, including intellectual property. The guide notes recent changes to Colombia's copyright laws and incentives for audiovisual productions. It also outlines five important things for investors to know about intellectual property protection in Colombia, such as trademarks requiring registration, patent requirements, and Colombia's participation in international intellectual property agreements.
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Generally, when Ecuador receives a notification of controversy, almost everything is lost. It is urgent to establish a system of early warnings of investor-State controversies.
Consulta pública sobre as modalidades de protecção do investimento e ISDS em ...Cláudio Carneiro
The document discusses the EU's objectives and approach regarding investment protection provisions in TTIP in several areas:
1. The scope of provisions aims to protect investments made legally while avoiding "shell" companies. The EU wants to define investors as having substantial business activities in the territory.
2. Non-discrimination provisions ensure foreign and domestic investors are treated equally. The EU seeks to apply these standards after establishment but allow some pre-establishment exceptions in limited sectors.
3. The right to regulate confirms states' ability to achieve public policy goals through non-discriminatory measures, even if they negatively impact investments. The EU clarifies terms like "fair and equitable treatment" and "indirect expropriation."
This document provides a summary of key aspects of government procurement in Colombia:
1. Government contracting in Colombia requires objectivity, free competition, transparency and other constitutional principles. Foreign bidders can participate without restriction and may receive national treatment under certain trade agreements.
2. All individuals and legal persons wishing to bid, including foreigners, must register in the Unique Registry of Proponents (RUP), except foreign entities without a Colombian domicile or branch. Bidders must provide bid and performance bonds with some exceptions.
3. Private initiatives can submit public-private partnership projects, with economic support from public entities not exceeding 30% of the budget for investment projects. Non-profit entities can also contract with
International Exchange Regime in ColombiaProColombia
The document discusses Colombia's foreign exchange regime and international investment regulations. Some key points:
1. Colombia has a regulated foreign exchange regime overseen by the Central Bank, with reporting requirements for certain exchange operations like foreign investment, imports/exports, loans, and derivatives.
2. The regime distinguishes between transactions that must go through the foreign exchange market versus the non-regulated free market. Foreign direct investment must be registered with the Central Bank.
3. Updates to foreign investment registrations and certain corporate changes like substitutions or cancellations must be reported to the Central Bank within 12 months. Colombia aims to attract more foreign investment and has regulations supporting it.
The document discusses key provisions of bilateral investment treaties (BITs) including:
1. Definitions of "investor" and "investment" that determine the scope of protection. Broad definitions extend more protection but with less regulatory flexibility for host states.
2. Standards of treatment like National Treatment, Minimum Standard of Treatment, and Expropriation and how their interpretations have implications.
3. Other provisions like Umbrella Clauses, Stabilization Clauses, and Investor-State Dispute Resolution that influence the balance of investor protections versus host state sovereignty.
The summary outlines some of the main features that distinguish the "Admission Clause Model" and "Right of Establishment Model" in
Similar to LEGAL GUIDE PROTECTION TO FOREIGN INVESTMENT (20)
Las zonas francas constituyen un elemento clave para el desarrollo económico de Colombia, ofreciendo un entorno propicio para la generación de empleo, la atracción de inversión extranjera y el impulso a la competitividad empresarial. En estos espacios, se crean numerosas oportunidades que fomentan el crecimiento y el progreso de diversas industrias, contribuyendo significativamente al desarrollo regional. Al proporcionar incentivos fiscales y aduaneros, así como una infraestructura adecuada, las zonas francas se posicionan como motores de crecimiento que dinamizan la economía y promueven la integración de Colombia con los mercados globales.
De esta manera ProColombia y la Cámara de Usuarios de Zonas Francas de la ANDI han elaborado el Directorio de Zonas Francas con el fin de ofrecer información detallada y actualizada de la oferta de las zonas francas en Colombia, con el fin de contar con una herramienta clave para la toma de decisiones empresariales. Esperamos que esta publicación sea de interés y valor para todos nuestros aliados.
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2. This document reflects the valid Colombian
legislation at the date of its development and it seeks
to provide general and basic information of the
Colombian law. This message does not represent or
replace legal counsel of a specific or particular
matter. Such legal counsel must be obtained from
specialized legal services. To that effect, we suggest
that you contact any of the law firms that can be
found in the Investor’s Services Directory located in
the webpage of ProColombia
LEGAL
GUIDE
TO DOING BUSINESS
IN COLOMBIA
www.procolombia.co
4. The Colombian Constitution grants equal treatment
to foreign investment and local investment, except
in specific cases.
1.
2. Colombia has several International Investment
Agreements, as well as Double Taxation
Agreements (“DTA”), showing the country’s
commitment to promote and protect international
investments.
3. FDI is allowed in most sectors, excepting national
defense and security, and the processing and
disposal of toxic, hazardous, or radioactive waste
not originated in the country. There are also some
restrictions on land property and corporations’
capital control in some strategic industries.
FDI does not require a previous authorization by
national authorities, except in specific cases. FDI
must be registered before the Colombia Central
Bank. Said registration is required for statistical
and control purposes.
4.
Chapter 1
Foreign investment plays a key role in the
Colombian economy. For this reason, having a
clear and efficient regulatory framework, in
accordance with international standards,
becomes the best way to attract permanent high
value-added investments.
The five (5) main aspects a foreign investor
should bear in mind regarding FDI in Colombia:
PROTECTION
TO FOREIGN
INVESTMENT
04
5. Colombian domestic law establishes an FDI regimen based on four (4) fundamental principles:
(i) Equal treatment (iii) No prior authorization
(iv) Flexibility
The Colombian Constitution states that foreign nationals
and citizens share identical rights with Colombian
nationals for investment purposes.
As a general rule, FDI in Colombia does not require
prior authorization, except in the insurance, finance,
mining and hydrocarbon sectors, which may require,
for certain cases, prior authorization or recognition by
relevant authorities (e.g. the Colombian Financial
Superintendence or the Ministry of Mines and Energy).
FDI in Colombia must be registered before the
Colombian Central Bank (“Banco de la República” in
Spanish) for statistical and control purposes.
Foreign investors may freely determine the destination
of their investments, as well as transfer their returns
abroad, make reinvestments in the country or even
dispose of or liquidate their investments. There are no
capital control measures in Colombia. However, the
government may impose them when the country’s
international reserves are equivalent to less than three
(3) months of imports.
(ii) Universality
Foreign investment is allowed in all sectors of the
economy except for the following: (i) activities related to
defense and national security, and (ii) processing and
disposal of toxic, hazardous, or radioactive waste not
originated in the country.
Colombia has sectoral restrictions to foreign ownership
that relate to television broadcasting services and the
fishing industry. For national security reasons, FDI is
prohibited for the following activities: land acquisition
near borders; manufacture, possession, use and
commercial exploitation of nuclear, biological, and
chemical weapons. FDI is also restricted in Private
Security and Surveillance Services with weapons.
Colombia also imposes limitations with respect to
corporate organization and trust personnel in maritime
transportation, journalism and radio broadcasting
services. The Colombian State maintains a public
monopoly in respect to gambling and liquors.
05
6. 1.1. International Investment Agreements
To establish an optimal investment environment,
Colombia has negotiated and ratified International
Investment Agreements (“IIAs”), which are mainly found
in Bilateral Investment Treaties (“BITs”), or in investment
chapters contained in FTAs.
IIAs create a fair and coherent legal framework that
establishes the minimum standards of protection to
foreign investors that decide to conduct FDI in Colombia.
IIAs also provide said standards of protection to
Colombian investors that invest in jurisdictions covered by
these international instruments.
Although the content of IIAs has evolved since the first
generation of IIA was ratified in Colombia, generally
these types of instruments include the following clauses:
06
- National Treatment
Foreign investors and investments are granted a
treatment no less favorable than that granted to
national investors and their investments in similar
circumstances.
- Most-Favored-Nation (MFN)
Foreign investors and investments are accorded the
same privileges granted by any contracting party to
investors of any other country and/or their
investments. MFN varies depending on the IIA.
Modern IIA models usually qualify this standard of
protection in such a way that it does not generate
imbalances in the protection granted.
- Minimum Standard of Treatment
Investors and investments are granted a Minimum
Standard of Treatment which includes the Fair and
Equitable Treatment (“FET”), and full protection and
security standards in accordance with the principles
of customary international law. Fair and equitable
treatment refers to a non-arbitrary or discriminatory
treatment, which is in accordance with the principle
of due process. On the other hand, full protection
and security refer to the physical protection which is
granted by the State to its own nationals.
The minimum standard of treatment guarantee does
not diminish the regulatory power of the State in
strategic sectors for the nation such as health,
defense and environmental protection.
- Prohibition of Expropriation Without
Compensation
Under this standard of protection, expropriation
may only take place for public purposes, in a
non-discriminatory way and in accordance with
due process of law, including a prompt, adequate,
and effective compensation. IIAs normally
incorporate two types of expropriation: i) direct
expropriation, where an investment is nationalized
or otherwise directly expropriated through the title
transfer or outright seizure, and ii) indirect
expropriation, where an action or a series of
actions by a State has an equivalent effect to direct
expropriation not including a formal transfer of title
or outright seizure.
- Free Transfer of resources
Under this provision, the State commits itself to
allow foreign investors to transfer freely investments,
IIAs have clauses that establish the temporal conditions
for an investment to be covered under the Treaty's
standards. As a rule, IIAs cover investments made before
the entry into force of the treaty, but exclude disputes
initiated before that date.
» Time frame of IIAs
IIAs include precise definitions of what does or does not
constitute an investment and who is considered a covered
investor, whether natural or legal persons. Specifically in
the first case, the rules on dual nationality and effective
nationality have a very important role when deciding to
activate the protection of the IIA.
» Covered Investment and Investors
Although each IIA has its own particularities, this section
contains the standards of protection that the Colombian
State generally guarantees for the protection of foreign
investments.
» Protection Standards
1.1.1 Content of IIAs in force
7. DTA are international bilateral or multilateral treaties
to establish clear rules to avoid double taxation on
income and equity, which under the domestic
governing law, may be taxable in the same way in two
or more jurisdictions. The DTAs are negotiated under
principles of international public law, and promote
both cooperation against tax evasion, and trade
between countries.
DTAs also incentive FDI and Outward Foreign Direct
Investment by granting the following benefits:
1.2. Double Taxation Agreements (“DTA”)
returns, and the product of the liquidation or sale of the
investment and payments made as compensation,
among others.
As a general rule, free transfer of resources is granted
in accordance with domestic law. In any case, the
State reserves its right to limit or restrict transfers in
case of difficulties in the balance of payments, serious
macroeconomic difficulties, or threat thereof.
- Investor – State Dispute Settlement
Mechanism in IIAs
IIAs include a section for the settlement of disputes
between the investors and the State. This mechanism
grants the investor the possibility of filing a claim
against the State before international arbitration forum
for the violation of any of the provisions under an IIA.
It is important to note that the vast majority of IIAs
provide for amicable negotiation or dispute settlement
periods before an arbitration claim can be initiated.
i) Tax stability on the conditions for operations
between tax residents from two (2) different countries.
ii) Reduction of the effective and consolidated tax
burden via the application of reduced withholding
rates.
iii) Possibility to exempt a given income,
generally in the source country, to the extent that
there is not substantial economic presence in that
country by the foreign company.
DTAs usually cover income and, in some cases, equity
taxes. Indirect taxes such as Value Added Tax (“VAT”) or
municipal taxes, such as the turnover tax, are generally
not covered under these agreements1
.
Colombia is party to the Treaty establishing the
International Center for Settlement of Investment Disputes
("ICSID”) and the Multilateral Investment Guarantee
Agency (“MIGA”).
Each of these treaties constitutes an important instrument
for the international investment law system:
1.2. Colombia and International
Conventions on the Protection of Foreign
Investment
1
However, within the framework of the Andean Community (“CAN”, as for its acronym in Spanish), Decisions 599 and 600, as well as Decision 635
modifying them, through which it is intended to harmonize Substantial and Procedural Aspects of Value Added Tax, and selective excise taxes, within the
different CAN member countries.
07
The investor, determining whether a country is an
opportunity for its investments, besides considering the
expectation of profit return and risks, shall consider the
taxation impact for its investments. For this reason, DTAs
and the tax regimen constitute key factors in the investor’s
decision-making process.
Double taxation is caused normally because of
differences in the application of crucial concepts, such as
residency, source of the income, or from limitations in one
country to take the taxes paid in another country as a tax
credit or recognize certain foreign income as exempt.
Therefore, two (2) different countries may tax the same
income during the same period. To solve this, DTAs
establish common principles regarding equality in the
income distribution, promoting international operations.
In this sense, an indicator of the application of such
common principles between countries is the number of
DTAs in force, considering that these agreements
increase the profit levels for the investor and promote
legal certainty. Thus, nets of DTAs are an incentive for
FDI.
The DTA model of Colombia follows characteristics of the
Organization for the Economic Co-operation and
Development (“OECD”) model and the United Nations
(“UN”) model.
8. The ICSID, created under the auspices of the World Bank, is an international center specialized in dispute
resolution between investors and host states. Investors require being covered by a treaty, or another
international instrument, to bring claims against a State.
MIGA is a multilateral organization that provides protection to foreign investors in member countries against
non-commercial risks, such as riots and civil wars, exchange transfer restrictions and discriminatory
expropriations. The agency aims to provide services for foreign investors who invested in member developing
countries. Additionally, MIGA provides information about developing countries to support the investment
process from the earlier stages.
1.4. Trade Agreements, Agreements on the Reciprocal Promotion and Protection of
Investments, and Double Taxation Agreements Concluded or under Negotiation by
Colombia.
1.4.1 International Investment Agreements in Force, Signed or in Negotiation
1.4.1.1 In force²
Country Entry into Force Kind of Agreement
Mexico
Cuba
In force since 1995. Law 172 of
1994. Approved by decision C-178
of 1995. Decree 2676 of 2011 and
amending protocol Law 1457 of
2011. Approved by decision C-051
of 2012.
In force since 1996. Law 245 of
1995. Approved by decision C-379
of 1996.
Free Trade Agreement with an
investment chapter.
Bilateral Investment Treaty
Chile
In force since May 8 of 2009. Law
1189 of 2008. Approved by
decision C-031 of 2009.
Free Trade Agreement with an
investment chapter.
EFTA
In force with: Switzerland and
Liechtenstein since July 1 of 2011.
Norway since September 1, 2014.
Iceland since October 1, 2014.
Law 1372 of 2010. Approved by
decision C-941 of 2010.
Free Trade Agreement with an
investment chapter.
Northern Triangle
(Guatemala, El Salvador
and Honduras)
In force with: Guatemala since
November 12 of 2009; El Salvador
since February 1 of 2010 and
Honduras since March 27, 2010.
Law 1241 of 2008. Approved by
decision C-446 of 2009.
Free Trade Agreement with an
investment chapter.
2
It is important to take into account that the agreements with EFTA and European Union do not include an investment chapter as deep as an IIA standard.
Nevertheless, considering that such agreements include some provisions regarding investments are listed in this table.
08
9. Country Entry into Force Kind of Agreement
Canada
United States
In force since August 15, 2011. Law
1363 of 2009. Approved by
decision C–608 of 2010.
In force since May 15, 2012. Law
1143 of 2007 and Law 1166 of
2007. Approved by decisions C-750
and 751 of 2008.
Free Trade Agreement with an
investment chapter.
Free Trade Agreement with an
investment chapter.
Spain
In force since September 22, 2007.
Law 1069 of 2006. Approved by
decision C–309 of 2007.
Bilateral Investment Treaty.
China
In force since July 2, 2012. Law
1462 of 2011. Approved by
decision C-199 of 2012.
Bilateral Investment Treaty.
India
In force since July 3, 2012. Law
1449 of 2011. Approved by
decision C-123 of 2012.
Bilateral Investment Treaty.
United Kingdom and
North Ireland
In force since October 10 of 2014.
Law 1464 of 2011. Approved by
decision C-169 of 2012.
Bilateral Investment Treaty.
Japan
In force since September 11, 2015.
Law 1720 of 2014. Approved by
decision C – 286 of 2015.
Bilateral Investment Treaty.
South Korea
In force since September 11, 2015.
Law 1720 of 2014. Approved by
decision C – 286 of 2015.
Free Trade Agreement with an
investment chapter.
Costa Rica
In force since August 1, 2016. Law
1763 of 2015. Decision C-157 by
2016.
Free Trade Agreement with an
investment chapter.
Pacific Alliance
(Additional Protocol)
In force since May 1, 2016. Law
1721 of June 27 of 2014. Decision
C-620 of 2015.
Commercial Protocol to the
Agreement of the Pacific Alliance
between Colombia, Chile, Mexico
and Peru.
Switzerland
In force since October 9, 2009. Law
1198 of 2008. Approved by
decision C–150 of 2009.
Bilateral Investment Treaty.
Peru
In force since December 30, 2010.
Law 1342 of 2009. Approved by
decision C-377 of 2010.
Bilateral Investment Treaty.
09
10. Colombia is negotiating BITs with: In addition to the DTAs listed below, Colombia has signed
agreements to avoid double taxation regarding income
tax and equity tax in the transport and/or maritime
navigation or air transportation with Germany,
Argentina, Brazil, Chile, United States, Italy, Panama and
Venezuela.
1.4.1.3. Current IIA Negotiations 1.4.2. Double Taxation Agreements
• Qatar.
• Kuwait: the negotiation with Kuwait is already
closed; and
• Investment Chapter in the Pacific Alliance to
incorporate Canada, Australia and New Zealand
as new members.
1.4.1.2. Subscribed
Country Status Kind of Agreement
Panama
Singapore
Signed on September 20, 2013.
Pending internal approval.
Signed on January 26, 2022.
Pending internal approval of the
Colombian Congress.
Free Trade Agreement with an
investment chapter.
Trade Agreement between
Singapore and Pacific Alliance with
an investment chapter.
Spain
Signed on September 16, 2021.
Pending internal approval of the
Colombian Congress.
Bilateral Investment Treaty.
Interpretive statement of the Bilateral
Investment Treaty currently in force.
United Emirates
Arab
Signed on November 12, 2017.
Pending internal approval of the
Colombian Congress.
Bilateral Investment Treaty.
Venezuela
Signed on February 3, 2023.
Pending internal approval of the
Colombian Congress.
Bilateral Investment Treaty.
Country Entry into Force Kind of Agreement
France
Israel
In force since October 14, 2020. Lay
1840 July 12, 2017. Decision
C-252 of 2019.
In force since August 11, 2020. Law
1841 July 12, 2017. Decision
C-254 of 2019.
Bilateral Investment Treaty.
Free Trade Agreement with an
investment chapter.
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11. 1.4.3. Double Taxation Agreements in Force
DTA Status Kind of Agreement
Colombia, Chile,
Peru, Mexico
Netherlands
Signed since October 14, 2017
Signed on February 16, 2022.
Pending of internal procedures for
its approval
Agreement to standardize the tax
treatment provided in the
agreements to avoid double
taxation. Signed among the States
parties to the Framework
Agreement of the Pacific Alliance.
Double Taxation Agreement
Luxembourg Signed on February 10 of 2022. Double Taxation Agreement
Brazil
Signed on August 5th, 2022.
Pending approval.
Double Taxation Agreement
DTA Status Kind of Agreement
Andean Community
of Nations
Spain
In force since January 1, 2005.
Decision 578 of the Andean
Community.
In force since October 23, 2008.
Law 1082 of 2006 Constitutionality
ruling C-383 of 2008.
Double Taxation Agreement
Double Taxation Agreement
Chile
In force since December 22, 2009.
Law 1261 of 2008 Constitutionality
ruling C-577 of 2009.
Double Taxation Agreement
Switzerland
In force since January 1, 2012. Law
1344 of 2009 Constitutionality
ruling C-460 of 2010.
Double Taxation Agreement
Canada
In force since June 12, 2012. Law
1459 of 2011. Constitutionality
ruling C-295 of 2012.
Double Taxation Agreement
Mexico
In force since August 1, 2013. Law
1568 of 2012 Constitutionality
ruling C-221 of 2013.
Double Taxation Agreement
South Korea
In force since July 3, 2014. Law
1667 of 2013 Constitutionality
ruling C-260 of 2014.
Double Taxation Agreement
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12. Colombia has also entered into Tax Information Exchange Agreements (“TIEA”). Colombia is part of the OECD’s Convention
on Mutual Administrative Assistance in Tax Matters, which currently covers approximately 108 jurisdictions. In addition,
Colombia has a TIEA with the United States, and has negotiated some TIEAs with other jurisdictions (e.g., Curacao and
Barbados). However, these former agreements are still being approved. In June 2017, Colombia entered the multilateral
instrument to prevent the erosion of tax bases and the transfer of benefits promoted by the OECD (hereinafter "MLI"), which
will modify most of the DTAs to which Colombia is party, establishing tougher requirements to access the benefits provided
in these Agreements.
DTA Status Kind of Agreement
Portugal
India
In force since January 30, 2015.
Law 1693 of 2013 Constitutionality
ruling C-667 of 2014. Signed
In force since July 7, 2014. Law
1668 of 2013. Constitutionality
ruling C-238 of 2014.
Double Taxation Agreement
Double Taxation Agreement
Czech Republic
In force since January 30, 2015.
Law 1690 of 2013 and decision
C-049/15
Double Taxation Agreement
United Kingdom
In force since December 2019. Law
1939, 2018. Decision C- 491/19.
Double Taxation Agreement
Italy
In force since January 1, 2022.
Law 2004, 2019. Decision C-
091/21.
Double Taxation Agreement
France
In force since January 1, 2022.
Law 2061, 2020. Decision C-
443/21.
Double Taxation Agreement
Japan In force since September 4, 2022.
Law 2095 of 2021.
Double Taxation Agreement
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