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Canada-Colombia Free Trade Agreement

Annex II - Colombia

Sector:
Certain Sectors

Subsector:

Industry Classification:

Type of Reservation:
Market Access (Article 904)

Description:
Cross-Border Trade in Services

Colombia reserves the right to adopt or maintain any measure in the following sectors:

For greater certainty, no measure shall be inconsistent with Colombia’s obligations under Article XVI of GATS.

Existing Measures:

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Sector:
All Sectors

Subsector:

Industry Classification:

Type of Reservation:
National Treatment (Article 803)

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:

Existing Measures:

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Sectors:
All Sectors

Subsector:

Industry Classification:

Type of Reservation:
Most Favoured Nation Treatment (Articles 804, 903)

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:

Existing Measures:

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Sector:
Social Services

Subsector:

Industry Classification:

Type of Reservation:
National Treatment (Articles 803 and 902)
Most Favoured Nation Treatment (Articles 804 and 903)
Market Access (Article 904)
Local Presence (Article 905)
Performance Requirements (Article 807)
Senior Management and Board of Directors (Article 808)

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.

Existing Measures:

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Sector:
Issues Related to Minorities and Ethnic Groups

Subsector:

Industry Classification:

Type of Reservation:
National Treatment (Articles 803 and 902)
Most Favoured Nation Treatment (Articles 804 and 903)
Market Access (Article 904)
Local Presence (Article 905)
Performance Requirements (Article 807)
Senior Management and Board of Directors (Article 808)

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 Constitución Política 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:

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Sector:
Traditional Expressions

Subsector:

Industry Classification:

Type of Reservation:
National Treatment (Articles 803 and 902)

Description:
Investment and Cross-Border Trade in Services

Colombia reserves the right to adopt or maintain any measure according rights or preferences to local communities with respect to the support and development of expressions relating to intangible cultural heritage declared pursuant to Resolución No. 0168 de 2005

This intangible cultural heritage includes but is not limited to:

Existing Measures:

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Sector:
Business Services

Subsector:
Professional Services Excluding Accountants and Travel Agents

Industry Classification:

Type of Reservation:
National Treatment (Article 902)
Market Access (Article 904)
Local Presence (Article 905)

Description:
Cross-Border Trade in Services

Colombia reserves the right to adopt or maintain any measure that would allow a professional, other than an accountant or travel agent, who is a national of Canada, to practice only to the extent that the government of the province or territory in which that professional conducts his or her primary practice affords treatment consistent with the obligations referenced in this reservation to a Colombian national who otherwise satisfies the relevant authorization, licensing, or certification requirements to practice that profession. Notwithstanding the preceding sentence, Colombia shall permit such professionals who were practicing in its territory prior to the date of entry into force of this Agreement in accordance with Colombian law to continue practicing in accordance with the existing law.

For purposes of this reservation, the province or territory in which a professional conducts his or her primary practice is the province or territory within which the professional was licensed to practice and actually practiced most frequently in the preceding 12 month period.

Existing Measures:

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Sector:
Transport Services

Subsector:
Road Transport
River Transport

Industry Classification:
CPC 71: Land transport services
CPC 722: Transport services non-seagoing vessels

Type of Reservation:
Most Favored Nation Treatment (Article 903)

Description:
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 signed after the date of entry into force of this Agreement involving road and river transport services.

Existing Measures:

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Sectors:
All

Subsector:

Industry Classification:

Type of Reservation:
National Treatment (Article 902)
Most Favored Nation Treatment (Article 903)
Market Access (Article 904)
Local Presence (Article 905)

Description:
Cross-Border Trade in Services

Colombia reserves the right to maintain or adopt any measure affecting the supply of a service provided in the exercise of governmental authority.

A “service supplied in the exercise of governmental authority” means a service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers.

Existing Measures:

Date Modified: