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Background Notes For Colombia

U.S. Department of State

Background Notes: Colombia, March 1998

Released by the Bureau of Inter-American Affairs.

OFFICIAL NAME: Republic of Colombia

PROFILE

Geography

Area: 1.2 million sq. km. (440,000 sq. mi.); about the size of Texas, New Mexico, and Arkansas combined; fourth-largest country in South America.
Cities: Capital--Santa fe de Bogota (pop. about 6 million). Other major cities--Medellin, Cali, Barranquilla, Cartagena.
Terrain: Flat coastal areas, three rugged parallel mountain chains, central highlands, and flat eastern grasslands with extensive coastlines on the Pacific Ocean and Caribbean Sea.
Climate: Tropical on coast and eastern plains, cooler in highlands.

People

Nationality: Noun and adjective--Colombian(s).
Population: 37 million.
Annual growth rate: 1.7%.
Religion: Roman Catholic 95%.
Language: Spanish.
Education: Years compulsory--9. Attendance--80% of children enter school. Only five years of primary school are offered in rural areas. Literacy--93% in urban areas, 67% in rural areas.
Health: Infant mortality rate--37/1,000. Life expectancy--men 67 yrs., women 72 yrs.

Government

Type: Republic.
Independence: July 20, 1810.
Constitution: 1991.
Branches: Executive--president (chief of state and head of government). Legislative--Bicameral Congress. Judicial--Supreme Court, Constitutional Court, Council of State.
Administrative divisions: 32 departments; Santa fe de Bogota, capital district.
Major political parties: Liberal Party, Social Conservative Party, Democratic Alliance/M-19 (AD/M-19), Patriotic Union (UP).
Suffrage: Universal age 18 and over.

Economy ( 1996)

GDP: $86 billion.
Annual growth rate: 2.1%.
Per capita GDP: $2,225.
Natural resources: Coal, petroleum, natural gas, iron ore, nickel, gold, silver, copper, platinum, emeralds.
Agriculture (10% of GDP): Products--coffee, bananas, cut flowers, cotton, sugar cane, livestock, rice, corn, tobacco, potatoes, soybeans, sorghum. Cultivated land--3% of total land area.
Manufacturing (19% of GDP): Types--textiles and garments, chemicals, metal products, cement, cardboard containers, plastic resins and manufactures, beverages.
Other sectors (by percentage of GDP): Financial services--10%. Community, social, and personal services--14%. Retailing, restaurants and hotels--11.3%. Transportation, storage, and communications services--9%. Mining and quarrying--3%. Construction and public works--3.6%. Electricity, gas, and water--1%.
Trade: Exports--$10.6 billion: petroleum, coffee, coal, ferronickel, bananas, flowers, chemicals and pharmaceuticals, textiles and garments, gold, sugar, cardboard containers, printed matter, cement, plastic resins and manufactures, emeralds. Major markets--U.S. ( 39%), Germany, Netherlands, Japan. Imports--$12.8 1 billion: machinery/equipment, grains, chemicals, transportation equipment, mineral products, consumer products, metals/metal products, plastic/rubber, paper products, aircraft, oil and gas industry equipment and supplies. Major suppliers--U.S. ( 40% %), Venezuela, Japan, Germany, Panama.
Exchange rate: 1,335 Colombian Pesos=U.S.$1. ( March 1998)

PEOPLE

Colombia is the third-most populous country in Latin America, after Brazil and Mexico. Movement from rural to urban areas has been heavy. The urban population increased from 57% of the total population in 1951 to about 74% by 1994. The nine eastern departments, constituting about 54% of Colombia's area, have less than 3% of the population and a density of fewer than one person per square kilometer (two persons per sq. mi.). Thirty cities have 100,000 or more inhabitants. Residents of the high Andes Mountains must cope with sometimes deadly volcanic activity--more than 20,000 died in the 1985 eruption of the Nevada del Ruiz Volcano near the town of Armero in Tolima Department. The Galeras Volcano near Pasto (Narino Department) is active and under observation by the Colombian Government.

The ethnic diversity in Colombia is a result of the intermingling of indigenous Indians, Spanish colonists, and African slaves. Today, only about 1% of the people can be identified as fully Indian on the basis of language and customs. Few foreigners have immigrated to Colombia, compared to several other South American countries.

HISTORY

During the pre-Columbian period, the area now known as Colombia was inhabited by Indians, mostly primitive hunters or nomadic farmers. The Chibchas, who lived in the Bogota region, dominated the various Indian groups.

Spaniards first sailed along the north coast of Colombia as early as 1500, but the first permanent settlement, at Santa Marta, was not established until 1525. In 1549, the area was established as a Spanish colony with the capital at Santa fe de Bogota. In 1717, Bogota became the capital of the viceroyalty of New Granada, which included what is now Venezuela, Ecuador, and Panama. The city became one of the principal administrative centers of the Spanish possessions in the New World, along with Lima and Mexico City.

On July 20, 1810, the citizens of Bogota created the first representative council to defy Spanish authority. Total independence was proclaimed in 1813, and in 1819 the Republic of Greater Colombia was formed.

The Republic

After the defeat of the Spanish army, the republic included all the territory of the former viceroyalty. Simon Bolivar was elected its first President and Francisco de Paula Santander, Vice President. Two political parties that grew out of conflicts between the followers of Bolivar and Santander, the Conservatives and the Liberals, have dominated Colombian politics. Bolivar's supporters, who later formed the nucleus of the Conservative Party, advocated a strong centralized government, alliance with the Roman Catholic Church, and a limited franchise. Santander's followers, forerunners of the Liberals, wanted a decentralized government, state rather than church control over education and other civil matters, and a broadened suffrage.

Throughout the 19th and early 20th centuries, each party held the presidency for roughly equal periods of time. Colombia, unlike many Latin American countries, maintained a tradition of civilian government and regular, free elections. The military has seized power only three times in Colombia's history: in 1830, when Ecuador and Venezuela withdrew from the republic (Panama did not become independent until 1903); in 1854; and in 1953-57. In the first two instances, civilian rule was restored within a year.

Notwithstanding the country's commitment to democratic institutions, Colombia's history has been characterized by periods of widespread, violent conflict. Two civil wars resulted from bitter rivalry between the Conservative and Liberal Parties. The War of a Thousand Days (1899-1902) cost an estimated 100,000 lives, and up to 300,000 people perished during "La violencia" (The Violence) of the late 1940s and 1950s.

A military coup in 1953 brought Gen. Gustavo Rojas Pinilla to power. Initially, Rojas enjoyed considerable popular support, due largely to his success in reducing "La violencia." When he did not restore democratic rule, however, he was overthrown by the military in 1957 with the backing of both political parties, and a provisional government was installed.

The National Front

In July 1957, former Conservative President Laureano Gomez (1950-53) and former Liberal President Alberto Lleras Camargo (1945-46) issued the "Declaration of Sitges," in which they proposed a "National Front" whereby the Liberal and Conservative parties would jointly govern. Through regular elections, the presidency would alternate between the two parties every four years; the parties also would have parity in all other elective and appointive offices.

The National Front ended "La violencia." National Front administrations instituted far-reaching social and economic reforms in keeping with the Alliance for Progress, an inter-American program of economic assistance which began in 1961 with major financial backing by the United States.

Although the parity system established by the Sitges agreement was terminated in 1978, the 1886 Colombian constitution, which was in effect until 1991, required that the losing political party be given adequate and equitable participation in the government. Although the 1991 constitution does not have that requirement, subsequent governments have included opposition parties in the government.

Post-National Front Years

The National Front ended in 1974, having made efforts to resolve problems of inflation, unemployment, and inequitable income distribution while cutting government expenses. Between 1978 and 1982, the government focused on ending the limited, but persistent, Cuban-backed insurgency that sought to undermine Colombia's traditional democratic system. The success of the government's efforts enabled it to lift the state-of-siege decree that had been in effect for most of the previous 30 years.

In 1984, President Belisario Betancur, a Conservative who won 47% of the popular vote, negotiated a cease-fire that included the release of many guerrillas imprisoned during the effort to overpower the insurgents. The cease-fire began to unravel when Democratic Alliance/M-19 (AD/M-19) guerrillas resumed fighting in 1985.

A vicious attack on the Palace of Justice in Bogota by the AD/M-19 on November 6-7, 1985, shocked Colombia and the entire world. Of the 115 people killed, 11 were Supreme Court justices. Although the government and the Revolutionary Armed Forces of Colombia (FARC), the largest guerrilla group, renewed their truce in March 1986, peace with the AD/M-19 and dissident factions of other guerrilla groups seemed remote as Betancur left office.

The next administrations had to contend with both the guerrillas and the narcotics traffickers, who operated with relative impunity within Colombia. Narco-terrorists assassinated three presidential candidates before Cesar Gaviria Trujillo was elected in 1990. With the death of Medellin cartel leader Pablo Escobar in December 1993, indiscriminate acts of violence associated with that organization have abated.

GOVERNMENT

President Ernesto Samper assumed office in August 1994. Samper vowed to continue many of the economic and foreign policy goals of the Gaviria Administration, while also placing greater emphasis on addressing social inequities and eliminating poverty. However, Samper's political crisis relating to contributions from drug traffickers to his 1994 presidential campaign diverted attention away from these social programs, thus slowing, and in some cases, halting progress.

The new constitution, enacted on July 4, 1991, strengthened the administration of justice with the introduction of an accusatorial system which replaced the previous Napoleonic Code system. Other significant reforms under the new constitution provide for civil divorce, dual nationality, the election of a vice president, and the election of departmental governors. The constitution expanded citizens' basic rights, including that of "tutela," under which an immediate court action can be requested by an individual if he feels his constitutional rights are being violated and if there is no other legal recourse.

The national government has separate executive, legislative, and judicial branches. The President is elected for a four-year term and cannot be reelected. The 1991 constitution reestablished the position of Vice President, who is elected on the same ticket as the president. By law, the vice president will succeed in the event of the president's resignation, illness, or death. The first Vice President, Humberto De La Calle Lombana, took office on August 7, 1994. He subsequently resigned in September 1996 in protest of Samper's management of the government and narco-links, and was replaced by Carlos Lemos Simmonds.

Colombia's bicameral Congress consists of a 102-member Senate and a 161-member House of Representatives. Senators are elected on the basis of a nationwide ballot, while representatives are elected on a regional basis. The country's capital is considered a separate region and elects its own representatives. Members may be reelected indefinitely, and, unlike the previous system, there are no longer alternate Congressmen. Congress meets twice a year, and the president has the power to call it into special session when needed.

Principal Government Officials

President--Ernesto SAMPER Pizano
Vice President--Carlos LEMOS Simmonds
Minister of Foreign Relations--Camilo REYES Rodriguez (interim)
Ambassador to the U.S.--Juan Carlos ESGUERRA Portacarrero
Ambassador to the OAS--Carlos Holmes TRUJILLO Garcia
Ambassador to the UN--Julio LONDONO Paredes

Colombia maintains an embassy in the United States at 2118 Leroy Place NW, Washington, DC 20008 (tel. 202-387-8338). Colombian consulates are located in Atlanta, Boston, Chicago, Detroit, Houston, Los Angeles, Miami, New Orleans, New York, San Francisco, San Juan, Tampa, and Washington.

DEFENSE

Colombia's Ministry of Defense, charged with the country's internal and external defense and security, has an army, navy (which includes a coast guard), air force, and national police under the leadership of a civilian Minister of Defense. The armed forces number about 235,000 uniformed personnel: 145,000 military and 90,000 police. Many Colombian military personnel have received training in the United States or in U.S. military schools in Panama. The United States has provided equipment to the Colombian military through the military assistance program and foreign military sales. Narcotics decertification in 1996 forced a temporary halt to U.S. military assistance programs, except for those related to counter-narcotics. On August 1, 1997, the U.S. and Colombia signed an End Use Monitoring (EUM) memorandum of understanding which stipulates that U.S. counternarcotics assistance to the Colombian military is conditioned on human rights screening of proposed recipient units.

ECONOMY

Colombia, under the leadership of President Cesar Gaviria Trujillo, undertook a profound economic reform program in 1990-94 that opened up its economy to international trade and investment. The Gaviria Government pursued prudent fiscal, exchange rate, and monetary policies and implemented sweeping changes in the areas of finance, labor, exchange rates, and trade. These measures were largely responsible for the sustained economic growth enjoyed by Colombia during this period; 3.3% average GDP growth during 1990-93, and a robust 5.3% in 1995. Upon taking office in August 1994, President Samper promised to continue many of the programs contained in Gaviria's "apertura," or economic liberalization program. While the Samper Administration has not undermined "apertura," it also has not pushed it forward. Privatization has slowed under the Samper Government.

Political stability questions stemming from allegations that Samper accepted drug money in his presidential campaign have affected the economy. Samper has made repeated concessions in labor disputes by acceding to workers' demands, including inflationary wage increases. This led the private sector in 1997 to abandon the "Social Pact for Productivity, Prices and Wages," a program instituted in 1995 in which the economy's major players (government, private sector, and labor) agreed to exercise discipline over wages and prices to keep inflation in check. Continued internal security problems stemming from Colombia's civil conflict also affect economic growth.

In 1996, the Colombian economy produced real growth of 2.1%, down from the 5.3% recorded in 1995. Economic performance in 1996 owed its strength largely to the 7.7% growth in the mining and hydrocarbons sector and a 9.9% growth in the services sector. Exports grew only slightly, from $10.2 billion 1995 to $10.6 billion in 1996. Unemployment rose to 11.3% by the end of 1996, its highest level in almost 10 years. The trade deficit of $2.2 billion was compensated for by capital flows in the form of foreign direct investment and private sector borrowing.

Colombia's 1996 foreign exchange reserves were approximately $9.9 billion. The Government of Colombia failed to bring inflation in at the 17.6% % target for 1996, with a year-end inflation rate of 21.6%, up from 1995's figure of 19.3%.

Colombia is the only major Latin American country which did not have to reschedule its external debt during the debt crisis of the 1980s. The nation paid both principal and interest to its foreign creditors. Today it enjoys one of the highest credit ratings in the region.

Colombia's total foreign debt was approximately $28 billion in 1996. With a strong net international reserves position ($9.9 billion at the end of 1996), Colombia has successfully reentered the international capital markets in Europe, Japan, and the United States.

Mining and Energy

Colombia is well-endowed with minerals and energy resources. It has the largest coal reserves in Latin America and is second to Brazil in hydroelectric potential. Estimates of oil reserves in 1995 were 3.1 billion barrels, equal to about 3.3% of the world total. It also possesses significant amounts of ferronickel, gold, silver, platinum, and emeralds.

The discovery of 2 billion barrels of high-quality oil at the Cusiana and Cupiagua fields, about 125 miles east of Bogota, assures Colombia's crude oil self-sufficiency until well into the next decade. Production from those fields is expected to reach 1 million barrels per day (b/d) by the year 2000. However, refining capacity cannot satisfy domestic demand, so some refined products, especially gasoline, must be imported. Plans for the construction of a new refinery are under development.

Total crude oil production averages 620,000 b/d; about 184,000 b/d were exported. The Government of Colombia has come under pressure for the stringency of its association contracts for the exploration and production of Colombia's oil.

Colombia has 6.6 billion tons of proven coal reserves and its coal production totaled 21.7 million metric tons (mt) in 1995. Production from El Cerrejon, the world's largest open pit coal mine, located on Colombia's Guajira Peninsula, accounted for 65% of that amount. Colombia's exports of 18.4 million mt of steam coal in 1994 made it the world's fourth-largest exporter of this commodity. Coal exports are expected to reach 25 million tons in 1996, and private and public investment in Colombia's coal fields and related infrastructure projects are expected to enable the country to export about 35 million mt at the beginning of the next decade.

While Colombia has vast hydroelectric potential, a prolonged drought in 1992 forced severe electrical rationing throughout the country until mid-1993. The consequences of the drought on electricity-generating capacity has caused the government to commission the construction or upgrading of 10 thermoelectric power plants. Half will be coal-fired, half will be fired by natural gas. The government has also begun awarding bids for the construction of a natural gas pipeline system that will extend from the country's large gas fields to its major population centers. Plans call for the completion of this project, which will make natural gas available to millions of Colombian households, by the middle of the next decade.

Trade

Colombia's balance of trade showed a deficit of $2.2 billion in 1996, slightly better than the $2.5 billion deficit in 1995. Total imports reached $12.8 billion, while exports were $10.6 billion. Colombia's major exports continue to be coffee, petroleum, coal, nickel, gold, and non-traditional exports (e.g., cut flowers, semi-precious stones, sugar, and tropical fruits). Colombia's major trading partner in 1996 continued to be the United States, which took 39% of Colombia's exports and provided 40% of its imports. The EU and Japan remain important trading partners, as do Andean Pact partners, especially Venezuela. Diplomatic relations with a number of Pacific nations were established during the Gaviria Administration. Regular diplomatic exchanges with Japan, China, South Korea, and other Asian nations are designed to open these markets to Colombian products.

Foreign Investment

In 1991 and 1992, the government passed laws to stimulate foreign investment in nearly all sectors of the economy. The only activities closed to foreign direct investment are defense and national security, disposal of hazardous wastes, and real estate (the latter restriction to control money laundering). Colombia established a special entity--Coinvertir--to assist foreigners in making investments in the country. Colombia received $756 million in non-petroleum related foreign investment in 1995.

Major foreign investment projects underway include the $6 billion development of the Cusiana and Cupiagua oil fields, development of coal fields in the north of the country, and the recently concluded licensing for establishment of cellular telephone service. The United States accounted for 51.2% of the $6.5 billion stock of non-petroleum foreign direct investment in Colombia at the end of 1995.

On October 21, 1995, under the International Emergency Economic Powers Act (IEEPA), President Clinton signed an Executive Order barring U.S. entities from any commercial or financial transactions with four Colombian drug kingpins and with individuals and companies associated with the traffic in narcotics, as designated by the Secretary of the Treasury in consultation with the Secretary of State and the Attorney General. The list of designated individuals and companies is amended periodically and is maintained by the Office of Foreign Asset Control at the Department of the Treasury, tel. (202) 622-0077 (ask for Document #1900).

Industry and Agriculture

The most industrially diverse member of the five-nation Andean Pact, Colombia has four major industrial centers--Bogota, Medellin, Cali, and Barranquilla, each located in a distinct geographical region. Colombia's industries include textiles and clothing, leather products, processed foods and beverages, paper and paper products, chemicals and petrochemicals, cement, construction, iron and steel products, and metalworking.

Agriculture accounted for 10% of Colombia's GDP in 1996. Its diverse climate and topography permits the cultivation of a wide variety of crops. In addition, all regions yield forest products, ranging from tropical hardwoods in the hot country to pine and eucalyptus in the colder areas.

Cacao, sugar cane, coconuts, bananas, plantains, rice, cotton, tobacco, cassava, and most of the nation's beef cattle are produced in the hot regions from sea level to 1,000 meters elevation. The temperate regions--between 1,000 and 2,000 meters--are better suited for coffee; certain flowers; corn and other vegetables; and fruits such as citrus, pears, pineapples, and tomatoes. The cooler elevations--between 2,000 and 3,000 meters-- produce wheat, barley, potatoes, cold-climate vegetables, flowers, dairy cattle, and poultry.

Narcotics Cultivation and Control

Colombia is the world's leading supplier of refined cocaine and a growing supplier of heroin, especially to the United States. Colombia's territory is also the second-largest area under coca cultivation. Despite the death of Medellin cartel drug lord Pablo Escobar in 1993 and the arrests of major Cali cartel kingpins in 1995 and 1996, the Colombian drug cartels remain among the most sophisticated criminal organizations in the world. They control cocaine processing, international wholesale distribution chains, and markets.

Colombia is engaged in a broad range of narcotics control activities. Through aerial spraying of herbicide and manual eradication, Colombia has attempted to keep coca, opium poppy, and cannabis cultivations from expanding. The government has committed itself to the eradication of all illicit crops, interdiction of drug shipments, and financial controls to prevent money laundering.

Corruption and intimidation by traffickers complicate the drug-control efforts of many institutions of government. Despite a major overhaul of the Colombian judicial system as a result of the 1991 Constitution, changes have yet to produce successful prosecution of narcotics traffickers. Colombia passed a revised criminal procedures code in 1993 which permits traffickers to surrender and negotiate lenient sentences in return for cooperating with prosecutors. In December 1996 and February 1997, however, the Colombian Congress passed legislation to toughen sentencing, asset forfeiture, and money laundering penalties. In November 1997, the Colombian Congress amended the constitution to permit the extradition of Colombian nationals, albeit not retroactively--which could have the effect of shielding major traffickers from justice in the United States and other countries where they committed their crimes. The legislation is currently being reviewed by the Constitutional Court. The Colombian Government permits extradition of foreigners resident in Colombia.

On March 1, 1996 and again on February 28, 1997, President Clinton made the decision not to certify Colombia as fully cooperating with the U.S. or taking adequate steps on its own to meet the objectives of the 1988 UN Convention on drugs. The U.S. concluded that there was a lack of effort at the top levels of Colombia's government to push for legislative and judicial reforms to strengthen Colombian government institutions' ability to fight narco-trafficking. Under the certification legislation, the U.S. Government was required to halt non-humanitarian and non-counternarcotics aid to Colombia and to vote against loans to Colombia by certain multilateral development banks. U.S. law provides for the discretionary imposition of economic sanctions, which were not imposed.

On February 26, 1998, the President determined that the vital national interests of the United States require that U.S. assistance to Colombia be provided to meet the increasing challenges posed to counternarcotics efforts in Colombia. The President thus granted Colombia a national interests certification, which waives the restrictions of decertification and allows for broader U.S. engagement with Colombia in the fight against illegal narcotics.

Colombia, along with other drug producing and drug transit countries, will be reviewed for counter-narcotics performance again at by March 1, 1999 and each successive year.

FOREIGN RELATIONS

Colombia seeks diplomatic and commercial relations with all countries, regardless of their ideologies or political or economic systems. In the 1980s, it broadened its bilateral and multilateral relations, joining the Non-Aligned Movement--which it chairs 1994-1998, the Contadora Group, and the Group of Eight (now the Rio Group). In addition, Colombia has signed free trade agreements with Chile, Mexico, and Venezuela.

Colombia has traditionally played an active role in the UN, the Organization of American States, and their subsidiary agencies. Former President Gaviria became Secretary General of the OAS in September 1994. Colombia was a participant in the December 1994 Summit of the Americas and followed up on initiatives developed at the summit by hosting two post-summit Ministerial-level meetings on trade and science and technology.

Colombia regularly participates in international fora, including the Organization of American States' drug body (CICAD), on money laundering, chemical controls, and drug abuse prevention. While the Colombian Government ratified the 1988 UN convention on narcotics in 1994--the last of the Andean governments to do so--it took important reservations, notably to the anti-money-laundering measures, asset forfeiture and confiscation provisions, maritime interdiction, and extradition clauses. Some of these reservations have subsequently been withdrawn, most notably the reservation on extradition.

U.S.-COLOMBIAN RELATIONS

In 1822, the United States became one of the first countries to recognize the new republic and to establish a resident diplomatic mission. Today, about 22,000 U.S. citizens live in Colombia, most of them dual nationals. In 1995, over 102,000 American tourists visited Colombia.

The decertification announcement on March 1, 1996 occurred during the midst of a major political scandal in Colombia, linking President Samper to contributions by drug traffickers to his 1994 presidential campaign. The United States concluded that President Samper had undermined Colombian counter-narcotics efforts, and revoked Samper's U.S. tourist visa on July 11, 1996, in accordance with U.S. Immigration and Nationality Act (INA) provisions on narcotics trafficking. President Samper retains his diplomatic visa, which is not subject to the same INA regulations.

Despite the strain the visa revocation and decertification decisions placed on political relations, the U.S. and Colombian Governments have continued to cooperate and consult on bilateral issues. In 1995 and 1996, the U.S. and Colombia signed important agreements on environmental protection and civil aviation. The two countries have signed agreements on asset sharing and chemical control. In 1997, the U.S. and Colombia signed an important maritime shipboarding agreement to allow for search of suspected drug-running vessels. During the period 1988-1995, the United States provided approximately $691 million in assistance to Colombia. In 1996, U.S. assistance totaled $73.9 million. This funding supports Colombia's counter-narcotics efforts, such as arresting drug traffickers, seizing drugs and illegal processing facilities, and eradicating coca and opium poppy.

Trade Development

Colombia is the United States' fourth-largest export market in Latin America (behind Mexico, Brazil, and Venezuela) and the twenty-fifth-largest market for U.S. products worldwide. In 1995, two-way merchandise trade between the United States and Colombia totaled $9 billion. The United States is Colombia's principal trading partner. Colombia benefits from duty-free entry (for a 10-year period, through 2001) for certain of its exports to the United States under the Andean Trade Preferences Act. Colombia improved protection of intellectual property rights through the adoption of three Andean Pact decisions in 1993 and 1994, but the U.S. remains concerned over deficiencies in licensing, patent regulations, and copyright protection.

The petroleum and natural gas, coal mining, chemical, and manufacturing industries attract the greatest U.S. investment interest. U.S. investment accounted for 51.2% ($3.3 billion) of the total $6.4 billion in foreign direct investment registered between 1967 and 1995. Worker rights and conditions in the U.S.-dominated sectors are superior to general working conditions. Examples include shorter-than-average working hours, higher wages, and compliance with health and safety standards above the national average.

Principal U.S. Embassy Officials

Ambassador--Curtis W. Kamman
Deputy Chief of Mission--Oliver P. Garza
Political and Economic Counselor--Joseph McBride
Consul General--Jean A. Louis
Commercial Counselor--Dorothy L. Lutter
Administrative Counselor--Roland W. Bullen
Defense Attache--Col. William C. Spracher
Agricultural Attache--Vacant
Public Affairs Officer (USIS)--Chris Filostat
Regional Security Officer--Seymour DeWitt
USAID Director--Carl Cira

The U.S. Embassy in Colombia is located at 22D Bis, No. 47-51, Bogota (tel: (571) 315-0811; fax: (571) 315-2196). The mailing address is APO AA 34038.

OTHER CONTACT INFORMATION:

U.S. Department of Commerce
Trade Information Center
International Trade Administration
14th and Constitution Avenue, NW
Washington, DC 20230
Tel: 800-USA-TRADE
Internet: http://www.ita.doc.gov

Colombian-American Chamber of Commerce
Calle 98, @2264, Oficina 1209
Apartado Aereo 8008
Bogota, Colombia
Tel: (571) 621-5042/7925/6838
Fax: (571) 612-6838
Email: 73050.3127@compuserve.com
(Chapters in Cali, Cartagena, Medellin)

TRAVEL AND BUSINESS INFORMATION

The U.S. Department of State's Consular Information Program provides Travel Warnings and Consular Information Sheets. Travel Warnings are issued when the State Department recommends that Americans avoid travel to a certain country. Consular Information Sheets exist for all countries and include information on immigration practices, currency regulations, health conditions, areas of instability, crime and security, political disturbances, and the addresses of the U.S. posts in the country.

Public Announcements are issued as a means to disseminate information quickly about terrorist threats and other relatively short-term conditions overseas which pose significant risks to the security of American travelers. Free copies of this information are available by calling the Bureau of Consular Affairs at 202-647-5225 or via the fax-on-demand system: 202-647-3000. Travel Warnings and Consular Information Sheets also are available on the Consular Affairs Internet home page: http://travel.state.gov and the Consular Affairs Bulletin Board (CABB). To access CABB, dial the modem number: (301-946-4400 (it will accommodate up to 33,600 bps), set terminal communications program to N-8-1 (no parity, 8 bits, 1 stop bit); and terminal emulation to VT100. The login is travel and the password is info (Note: Lower case is required). The CABB also carries international security information from the Overseas Security Advisory Council and Department's Bureau of Diplomatic Security. Consular Affairs Trips for Travelers publication series, which contain information on obtaining passports and planning a safe trip abroad, can be purchased from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-7954; telephone: 202-512-1800; fax 202-512-2250.

Emergency information concerning Americans traveling abroad may be obtained from the Office of Overseas Citizens Services at (202) 647-5225. For after-hours emergencies, Sundays and holidays, call 202-647-4000.

Passport Services information can be obtained by calling the 24-hour, 7-day a week automated system ($.35 per minute) or live operators 8 a.m. to 8 p.m. (EST) Monday-Friday ($1.05 per minute). The number is 1-900-225-5674 (TDD: 1-900-225-7778). Major credit card users (for a flat rate of $4.95) may call 1-888-362-8668 (TDD: 1-888-498-3648).

Travelers can check the latest health information with the U.S. Centers for Disease Control and Prevention in Atlanta, Georgia. A hotline at (404) 332-4559 gives the most recent health advisories, immunization recommendations or requirements, and advice on food and drinking water safety for regions and countries. A booklet entitled Health Information for International Travel (HHS publication number CDC-95-8280) is available from the U.S. Government Printing Office, Washington, DC 20402, tel. (202) 512-1800.

Information on travel conditions, visa requirements, currency and customs regulations, legal holidays, and other items of interest to travelers also may be obtained before your departure from a country's embassy and/or consulates in the U.S. (for this country, see "Principal Government Officials" listing in this publication).

U.S. citizens who are long-term visitors or traveling in dangerous areas are encouraged to register at the U.S. embassy upon arrival in a country (see "Principal U.S. Embassy Officials" listing in this publication). Registering with the embassy may help you to replace lost identity documents or help family members contact you in case of an emergency.

Further Electronic Information:

Department of State Foreign Affairs Network. Available on the Internet, DOSFAN provides timely, global access to official U.S. foreign policy information. Updated daily, DOSFAN includes Background Notes; Dispatch, the official magazine of U.S. foreign policy; daily press briefings; Country Commercial Guides; directories of key officers of foreign service posts; etc. DOSFAN's World Wide Web site is at http://www.state.gov.

U.S. Foreign Affairs on CD-ROM (USFAC). Published on an annual basis by the U.S. Department of State, USFAC archives information on the Department of State Foreign Affairs Network, and includes an array of official foreign policy information from 1990 to the present. Contact the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250-7954. To order, call (202) 512-1800 or fax (202) 512-2250.

National Trade Data Bank (NTDB). Operated by the U.S. Department of Commerce, the NTDB contains a wealth of trade-related information, including Country Commercial Guides. It is available on the Internet (www.stat-usa.gov) and on CD-ROM. Call the NTDB Help-Line at (202) 482-1986 for more information.

[end document]


Colombia History

  • Historical Setting


    Colombia Government

    Colombia Trade Bureau (PROEXPORT)

    Colombia's National Investment Promotion Agency (COINVERTIR)

    National Admistrative Department of Statistics (DANE)

    The Republic of Colombia Homepage A great source of information


    Colombia Business Law

    III. CORPORATE STRUCTURE

    A. CORPORATIONS

    • A corporation must be incorporated and operate with a minimum of five shareholders, and they are liable up to the amount of their respective contributions, represented by negotiable shares.
    • The direction and administration of corporations is performed through the general assembly of shareholders, constituted by the shareholders gathered in quorum as determined by the company's statutes. The general assembly must be held at least once a year.
    • At the time of the incorporation, at least 50 per cent of authorized capital must be subscribed and at least 33 per cent of subscribed capital must be paid.
    • Whenever further capitalization is required a corporation may issue shares or bonds convertible into shares. Shares sales may be effected at any time, except in special cases provided for in statutes. New shares may be offered at a price higher than their face value in order to increase equity.

    B. LIMITED COMPANIES

    • A limited company may be incorporated and operate with a minimum of two and a maximum of 25 partners, who are liable only up to the amount of their contributions.
    • The direction and administration of the company is performed by the board of partners, in which partners have as many votes as shares they own.
    • The capita l must be paid up completely at the time of incorporation and divide into shares of the same value, which may be assigned following the conditions foreseen in the company statutes and in law.

    C. BRANCHES OF FOREIGN COMPANIES

    • Foreign companies wishing to undertake permanent activities in Colombia must incorporate a branch in the country.
    • To incorporate a branch a notarial office is required in the municipality chosen as Colombian domicile in the country.
    • The incorporation record of the branch must detail the kind of business it wants to develop in the country, the amount of its authorized capital, and the location of its main offices in Colombia.

    D. OTHER PROCEDURES FOR STARTING UP IN COLOMBIA
    Either to set up a branch or to incorporate a company, once the public deed is raised at the notary’s office, the following procedures apply:

    • registration of the deed and documents evidencing accepts of appointments ( as required) in the mercantile register of the chamber of commerce of the place of domicile;
    • simultaneously, registration of the official books of the organization (minute books, general ledger, general journal etc.), at the Chamber of Commerce
    • application for a tax registration number from the tax authority, DIAN.
    • opening of a current account in the company’s name to deposit the foreign capital contribution;
    • registration of the investment at the international technical department of the Central Bank, within three months of making the investment (exceptionally, extensions may be requested for up to six months). Portfolio investments must be registered within thirty days of sale of currency through the exchange market.
    • If ownership of an investment, or the destination or receiving company of the investment funds are changed, this must be registered with the Central Bank.

    E. CONSORTIA

    • These are temporary associations of two or more individuals or corporations whose common interest in any one or several activities allows the conjunction of effort without forming a new corporation.
    • Consortium administration is conducted in any manner agreed by the associates.
    • The associates are liable jointly and with no limitation for every trading operation of the consortium and any provision intended to limit this liability will be considered not to have been written.
    • Consortia and temporary associations do not pay income tax, but each corporation in the consortium is a taxpayer and pays income and complementary taxes in relation to the portion of its income derived from the project.

    Copyright© 1998 COINVERTIR
    (Reproduced With Permission)


    Commercial Guide of Colombia

    Colombia Commercial Guide


    Treaties to which Colombia is a Member

    The Andean Group

    The Group of Three (G3)

    Colombia - Chile Free Trade Agreement

    Colombia - CARICOM Trade, Economic and Technological Agreement

    Colombia - Panama Partial-Scope Agreement

    Association of Caribbean States

    Colombia - Peru Agreement on Investment (Spanish only)

    GATT General Agreement on Tarrifs and Trade, 1947

    The Organization of American States

    Summary of the WTO

    WTOThe official site

    SELA - The Latin American Economic System

    Economic Commission for Latin America and the Caribbean (a commission of the United Nations)

    The United Nations


    Colombia Labor Law

    In general terms, the Colombian labor law is a flexible regime in aspects related with the form and termination of contracts, the determination of the working day and the payment. The regime is divided into two main sections, one regulating the relationship between employer and employee and the other between employers and unions. Foreign workers have the same rights as Colombian workers.

    A.     CONTRACTS:
     
    The law contains the minimum mandatory rights and guarantees of the employee. Therefore, when a contract of employment is made, no stipulations may be agreed contrary to these rights and guarantees, and the employee may not waive any benefits accorded to him by the law.
     

    1. Types of Contracts:

    A contract may be verbal or written - it is recommended that it be written. By its duration, it could be :

    1) Fixed term contract: the parties agree the term in advance, with no minimum but with a maximum of 3 years. It may be renewed any number of times, but the initial term and renewals must be expressed in writing. If 30 days before a contract expires neither party advises the other in writing of its intention not to renew, it is understood to be renewed for a time equal to the initial term. If the term is less than one year, it may only be renewed for three equal or lesser periods, at the end of which renewal may not be for less than one year.

    2) Indefinite term: If the parties do not agree to any fixed term, or the nature of the work required does not permit any such determination. A verbal contract is taken to be for indefinite term.

    3) Contract for specific work: the term is determined by the time required to complete a specific project or activity.

    4) Casual or temporary contract: used for casual labor or temporary work outside the normal course of the employer's activities, up to a maximum of one month.
     

    2. TRIAL PERIODS

    There is allowance for a trial period of up to two months during which the employer gauges the abilities of the employee and the employee assesses the conditions of work. The trial period must be expressed in writing, and during it, either party may terminate without notice and with no obligation to indemnify the other.
     

    3. TERMINATION

    A contract of employment may terminate, for the following reasons, amongst others:

    1. Death of the employee

    2. Expiration of the term of contract

    3. Completion of the work required

    4. Liquidation or closure of the company

    5. Suspension of activities by the employer for more than 120 days.

    6. Mutual agreement

    7. Resignation: the employee may terminate unilaterally by giving 30 days' notice. If that notice is not given, the employer may deduct the value of the notice period from benefits due to the employee at the time of severance.

    8. Dismissal with cause under Art. 62 of the Labor Code, invoked by either party.

    If the employer terminates without cause, the employee is entitled to indemnity, calculated within the following parameters:
     
     
     

  • Contract type
    Indemnity
    Fixed term  The balance of the contract
    For specific work The balance of the contract to completion, minimum 
    15 days
    Employees with less than a year's continuous service  45 days' salary
    Employees with 1-5 years' service  45 days plus 15 days per year after year 1 (or proportionally 
    for fractions of a year)
    Employees with 5-10 years service 45 days plus 20 days per year after year 1 (or proportionally 
    for fractions of a year)
    Employees with over 10 years' service  45 days plus 40 days for each year of service after 
    year 1 (or proportionally for a fraction of a year)

     
    B.    REMUNERATION SYSTEMS
     

    Law 50, dated 28th December 1990, introduced important changes in labor legislation. Today, there are two different systems for determining the remuneration and benefits of workers.
     

    1. ORDINARY

    It is a remuneration, in cash or kind, stipulated for the service performed (monthly amount), plus the amount of any overtime payments for night-time, Sunday or holiday working. There is also an obligation to pay minimum legal benefits, such as severance payments, interest on such payments, annual bonuses and vacation.
     

    2. INTEGRAL

    The parties agree on the payment of an integral salary, which in addition to compensating ordinary work, also pay in advance the total amount of overtime payments and legal benefits other than vacation pay. In no case the integral monthly salary can be lower than the equivalent of 10 months' legal minimum wages (MNMS), plus a benefit factor, which varies according to the type of company but which may not be lower than 30% of the basic remuneration.

    The NMMS is determined by the National Labor Council and established in law for all those working the statutory 48 hour week. Employee and employer are free to agree on salary, but never at a level lower than the NMMS or the minimum set in collective agreements or arbitration award. For 1997, the NMMS is Col$172,005 (about US$170). The advantage of the integral remuneration system for the employers, is that they are not obliged to pay any additional amount as legal benefits, because it is considered that the 30% benefit factor compensates for all such benefits in advance.
     

    C.    VACATIONS AND SOCIAL SECURITY

    Vacations:     All employees are entitled to 15 consecutive working days of paid vacation for each year of employment, or fewer days in proportion to time worked. In special cases, vacations may be replaced by financial compensation.

    Social Security:    The contributions to the social security are set al 13.3% of salary, of which three quarters must be paid by the employer and one quarter by the employee, plus an additional 1% payable by those whose income is equal to or higher than 4 NMMS. This payment covers old age pensions, widows' and disability pensions and indemnities.
     

    The pension system has a dual structure :

    a) Institute of Social Security (ISS). This entity pays the pension, based on the completion of 1000 weeks of contributions and a minimum retirement age (men: 60, women: 55)

    b) Private pension funds: In this system there is no minimum retirement age, since it is possible to start on any date on which the accrued amount in the individual savings account, its yield and the «retirement bond» guarantee a retirement payment equivalent at least 110% of the legal NMMS in effect.

    - In addition, employers must pay to the Family compensation Funds an amount equivalent to 9% of the monthly payroll.

    - The social security system includes a contribution equivalent to 10% of salary for health. The employer pays two thirds and the employee one third.
     

    D.     SOCIAL BENEFITS

    In the ordinary remuneration system, employers pay their employees benefits in addition to basic salary to attend to needs or cover risks entailed in their work.

    1. MANDATORY SERVICE BONUS

    There is a service bonus of 15 days' salary for each half year worked (or proportionally for each period of more than 3 months worked). The entitlement to the bonus is lost if the employee is dismissed with cause. Employers not established as companies are not required to pay this bonus.
     

    2. SEVERANCE PAY

    The employee receives «severance pay» upon termination of contract, as a means of subsequent subsistence. The payment is one month's salary for each year of service, and proportionally for the fraction of a year worked. Employees contracted after January 1, 1991 have their severance pay liquidated annually, as follows:

    At December 31, the employer calculates the accrual due to the employee, and proportionally for the fraction of a year. The resulting amount is deposited in the employee's name in a Severance Management Fund selected by the employee on or before February 14. The base salary used for calculation is the latest salary earned, unless there has been a variation in the last three months, in which case the average for the last year (or, all the time worked, if less) is the basis of calculation.
     

    3. INTERESTS ON SEVERANCE PAY

    Interest is paid directly to the employee at 10% p.a. on the severance accrued.
     

    4. SHOES AND CLOTHING

    Any employer with one or more permanent employees must provide those earning 2NMMS or less with a pair of shoes and working clothes every four months.
     

    5. TRANSPORT SUBSIDY

    All workers earning 2NMMS or less are entitled to the transport allowance set by the government. In 1997, is Col$17,5250 or about US$17.
     

    6. MATERNITY LEAVE

    Pregnant female employees are entitled to 12 weeks' leave at the time of delivery, with the salary they earned at the time of starting that leave. This leave is also available to mothers adopting a child under the age of 7, counting the age of the child from the date on which the adopted minor is delivered to her. The same leave is available to the unmarried adoptive parent who has no permanent companion. Pregnant female workers may reduce their leave to 11 weeks and transfer the remaining week to their husband or permanent companion at the time of delivery and subsequently. If the employee suffers an abortion or gives birth prematurely , she is entitled to 2-4 weeks of paid leave with the salary earned at the time leave begins. A female worker may not be dismissed because she is pregnant or a nursing mother.
     

    7. FAMILY SUBSIDY

    All companies must affiliate to a Family Cooperative, thus entitling the employee to receive health, training and recreational services, and cash subsidies for minor children. The employer pays over the equivalent of 9% of the payroll to the Cooperative to which it is affiliated, in the first ten days of each month. Of the total paid, 2% is passed to the National Training Service SENA, 3% to the family welfare institute ICBF and 3% is retained by the Cooperative's family subsidy fund.
     
     

    1.     UNIONS

    In Colombia, there is free right of association, protecting employers, employees and independent workers. A minimum of 25 employees, are required to form a workers' union, and a minimum of 5 independent employers to form a employers' union.
     

    2. COLLECTIVE BARGAINING

    Collective bargaining follows some formal stages defined by the law : it begins with the submission of claims, and a private negotiation within a term of 20 calendar days, which may be extended for a further 20 days. If there is an agreement, the Collective Agreement (unions) or Collective Pact (non unionized employees) is signed. If not, employees may call a strike or an Arbitration Tribunal, which is composed by 3 members, one appointed by the workers, one by the employer and the third by the first two. A strike may last for a maximum of 60 days, after which arbitration is mandatory. The tribunal's decision settles the conflict, and is binding on the parties, valid for two years.
     
     

    IV. CONTRACTING OF ALIENS

    Colombian and foreign firms with 10 or more employees may contract foreign employees who will enjoy the same rights as Colombians, up to the following maxim: Up to 10% of regular staff may be foreign, Up to 10% of specialist, qualified or management personnel may be foreign. To exceed this limit, the employer must get an authorization form the Ministry of Labor.

    Foreign citizens contracted to work in Colombia must obtain Temporary Visas, which is issued to a foreign citizen wishing to establish himself in Colombia on a non permanent basis and to engage in some work or technical activity under a contract of employment or service agreement. The visa is valid for 2 years and may be renewed for another 2 against submission of the extension of an existing contract or a new contract. The visa automatically expires if the foreigner leaves Colombia for more than 90 days. Applicants for Temporary Visas will need to provide the following documentation:

    • Application form
    • Valid passport
    • Original and copy of the contract of employment, including a clause that the contracting  party undertakes to repatriate the employee to his country of origin, signed by  the legal representative of the company and attested before a notary public.
    • Certificate of Incumbency of the Company not more than 3 months old.
    • A professional diploma or certificate demonstrating experience or suitability, or other professional accreditation.
    • A certificate from the Ministry of Labor showing that labor law requirements of proportionality of foreign employees are being respected.


    Colombia Environmental Law

    Colombia's Envirnomental Protection Laws by COINVERTIR in PDF format


    Colombia's Banking and Finance System

    In the early eighties the financial sector faced difficulties as a result of irregular management of some institutions which was worsened by the 1982 economic recession. Since then, authorities took several measures to restore savers’ confidence and to guarantee the system’s recovery. Regulations were useful in the past decade but as time went by, they became an obstacle for the development of the system, thereby increasing transaction costs.

    Financial deregulation in the nineties changed the sector’s features dramatically. State owned banks were sold to the private sector and some existing ones were bought by foreign investors. For example, in 1996 Banco Bilbao Vizcaya from Spain purchased 40% of the shares of Banco Ganadero, in a US$328 million deal. Likewise, Spanish Banco Santander acquired Bancoquia for US$228 million. In turn, Citibank and Bank of Boston, among others, established branches in the country. 

    Since the Colombian financial system remains small compared to other Latin American economies, the Government will implement additional measures to encourage capital markets. Although the regulatory framework continues to be tight, it provides one of the most reliable financial systems in Latin America. Soundness is the best word to describe the system. In 1996, among 200 Latin American institutions, six Colombian banks ranked among the top-10, as far as country-risk and quality of banking supervision.

    The possibility of new types of transactions and services are driving the sector’s performance in the nineties. Despite economic deceleration in the 1995-96 period, financial services continued growing above GDP at an average yearly rate of 4.3%. Non-performing loans, which reached 7.3% of the total in 1996, are declining and, as of August 1997, they amounted to less than 7%. In all, these figures are low compared to other economies in the region. In 1997 the financial sector grew 3.7% and a 3% growth rate is expected for 1998.

    The stock exchanges are small but they are developing rapidly. Shares went from representing less than 0.3% of GDP at the beginning of the nineties to over 1% in 1996. There are exchanges in Bogotá, Medellín and Cali, with a total of more than 300 companies listed. In the first half of 1997, transactions at the three stock exchanges increased 12.3% in peso terms, and 10% in dollar terms (the latter amounted to US$17.5 billion). An average of 2.4 million a day is traded on the Bogotá Stock Exchange (BSE). Market capitalization on the BSE exceeded US$16 billion. The BSE index grew nearly 30% in dollar terms in 1997, one of the highest among Latin American countries. In the first months of 1998 the shares market has been affected by expectations of higher devaluation and interest rates, and uncertainty towards the presidential elections. Analyst forecast a rebound of share prices in the second half of the year.

    Central bank of Colombia (Spanish only)


    Colombia Visas and Immigration

    There are two tipes of visas in Colombia : the resident and the temporary visas.

    A. RESIDENT VISAS

    Issued for indefinite term and multiple entries, for one of the following reasons: 1.Resident-Investor: for investors wishing to settle in Colombia, investing more than US$200,000. Registration of the investment in the Central Bank and passport or travel document are required.
    2. Resident - pensioner
    3.Resident- Colombian's relative
    4.Resident-Colombians by birth or adoption who have given up Colombian nationality or immigrants who have held an Immigrant visa for more than 5 years
    5. Resident Refugees

    B. TEMPORARY

    1. Temporary Preference Visas
    a. Service Visa. Issued to aliens entering Colombia as experts, under treaties or conventions for scientific or technological cooperation, technical assistance or cooperation programmes, or administrative officers of diplomatic, consular, or intergovernmental cooperation mis-sions. It is issued for the duration of the mission, for up to 2 years, renewable for further 2- year period.
    b.Diplomatic Visa. A Diplomatic Visa is issued for diplomats, consular officers and other holders of this class of passport. It is valid for up to 2 years, which can then be renewed for further two-year periods.
    c. Official Visa. Issued by the Protocol Division of the Foreign Ministry or the Chief Diplomatic Officer of a Colombian Mission abroad, to foreign holders of official or equivalent passports on official missions. Valid for the duration of the mission for up to one year, renewable for annual periods.

    2. Temporary-Courtesy Visa: Issued to those with special intellectual , professional, cultural, academic, scientific, political, business, commercial or social visitors entering on ex-change, programmes or related areas. The visa is issued by the Visas Division or Diplomatic and Consular mission, for the time required to complete the activity proposed, up to one year.

    3. Temporary-Business Visa: Issued to businessmen, entering the country on business, for up to three years renewable, and with multiple entries for up to 6 months on each visit.

    4. Temporary-Technical Assitance Visa: Issued to foreigners entering Colombia to assist public or private entities in technical services. It is valid for one year and commitment of the entity to pay all the repatriation costs is required.

    5.Temporary-Partner Visa: Issued for up to one year to the foreigner who has set up a company in Colombia. Certificate of incumbency of the company is required.

    6. Temporary-Interview Visa: Issued to the foreign citizen wishing to take part in a person-nel selection process.

    7. Temporary-Technical visitor: Issued to foreigners entering Colombia to perform urgent technical services to public or private entities.

    C. OBLIGATIONS OF ALIENS

    Holders of resident, immigrant and temporary visas valid for more than six months must register with the security police DAS within 30 days of entering the country. If the visa is issued in Colombia, registration must be effected within 30 days of issue; and in all cases, the holder must apply for and obtain an Alien ID Card.

    To obtain a residency card for foreigners, those holding a normal temporary working visa or a normal technical assistance visa should present a guarantee constituted by the employer in favor of DAS (Administrative Security Department), covering the repatriation costs of the worker to his country of residence or last stay upon termination of the contract or completion of service.

    Aliens are required to inform DAS of any change of address, domicile or activity within 30 calendar days of the change.

    D. OBLIGATIONS OF EMPLOYERS

    The employer of a foreigner must require presentation of the Alien ID Card and inform DAS of the engagement of the employee within 30 days of the foreigner starting work, and must advise DAS in writing within 30 days of termination of contract that the foreigner has left his employment.

    Copyright© 1998 COINVERTIR
    (Reproduced With Permission)


    Colombia's Foreign Investment Law

    COLOMBIA'S FOREIGN INVESTMENT REGIME: Colombia boasts a modern and competitive foreign investment framework established to attract and protect foreign capital. The three fundamental principles governing the legal investment framework are:

    • Equality: Foreign investments receive the same treatment as Colombian investments. Discriminatory conditions and treatments are forbidden.
    • Universality: Foreign investments are welcome in all sectors of the economy with only a few exceptions: areas relating to national security including defense; processing and disposal of toxic or radioactive waste not produced in Colombia; some areas relating to real estate.
    • Automatic: Investment rights are automatic. In a few cases, prior permission is required from:
      • The National Planning Department (DNP) in cases that are affected by international accords ratified by Colombia.
      • The Banking Superintendency in cases where an investor intends to acquire more than 10% of the outstanding stock of a financial institution; or in cases where an investor intends to incorporate or organize a financial institution; or in cases where a foreign investment fund wants to acquire more than 3% of the voting stock of a financial institution.

    FOREIGN INVESTMENT RELATED LEGISLATION

    • Colombian Foreign Exchange Regime: Colombia's foreign exchange regime is designed to meet the global demands of international commerce. The regime facilitates trade and investment by guaranteeing total freedom of currency inflows, the ability to open bank accounts abroad, and the ability to conduct a wide range of transactions in the open market.
    • Colombian Tax Regime: Colombia's tax law clearly explains the tax code applicable to all types of foreign investments (branch offices, subsidiaries, etc.) and investors (Colombian or foreign).
    • Colombian Labor Law: Colombia's labor law is flexible in terms of contract structures, salaries, and the termination of contracts. Although the Labor Code defines specific minimum standards with respect to worker rights, the code does not impair employer rights or freedoms.

    Copyright© 1998 COINVERTIR
    (Reproduced With Permission)

    
    
    A foreign investor is any non resident individual or corporate entity, who invests funds from abroad in Colombia. A foreign investor may hold up to 100% of the capital of a Colombian company.

    B. BASIC PRINCIPLES
    The three basic principles of Colombia's foreign investment legislation are:

    1. Equality:
    Foreign investment receives exactly the same treatment as Colombian investment, and discriminatory conditions and treatment are forbidden, unless in remittance matters, in which case a 7% tax has to be paid.

    2. Universality:
    Foreign investment is welcome in all economic sectors except for:

    • activities related to defense and national security;
    • the processing and disposal of toxic or radioactive waste not produced in Colombia;
    • real estate, unless the buildings sold are constructed by the same company; and
    • securitization of real estate, unless the investment is made through institutional funds providing foreign capital investment.
    3. Automaticity:
    Investment rights are automatic, and prior permission is only required in the following cases:

    a) From National Planning Department (DNP) Insurances and/or guarantees under international agreements ratified by Colombia, should the agreements require it.

    b) From the Banking Superintendency Any investment made with the intention of acquiring 10% or more of the outstanding stock of a financial institution, and investments in the incorporation or organization of a financial institution.

    Also for foreign investment funds, if the investment planned is designed to purchase more than 3% of the voting stock of a financial institution.

    C. TYPES OF FOREIGN INVESTMENT
    There are two types of foreign investment:
    1. Direct
    Capital contributions to companies incorporated in Colombia or nearly established, such as quotas, shares or other negotiable securities.
    2. Portfolio investment
    The purchase of shares and other securities marketable on the public securities market, through a foreign capital investment fund whose sole business is to effect this type of transaction. Foreign loans are not considered foreign investment.

    D. MODES OF FOREIGN INVESTMENT
    Foreign investments in companies incorporated or nearly established in Colombia may be effected in any of the following ways:
    1. Importation of machinery or other physical assets as non-reimbursable imports, whose value is contributed to the equity of the company.
    2. Importation of currency for peso investments made in order to contribute to a company 's equity or acquire rights or shares.
    3. Capital in kind (intangibles, such as technology, patents or trademarks).
    4. Capitalization of funds carrying remittance rights;
    5. Retained profits carrying remittance rights;
    6. Importation of capital for portfolio investment;
    7. Supplementary investments to the assigned capital of a branch;
    8. Importation of currency to purchase housing for foreign company executives or office premises for the company. The purchase of real estate by persons or corporations in a private capacity, is not considered foreign investment.

    E. REGISTRATION
    All foreign investment must be registered at the Central Bank within 3 months of making it, in order to enjoy exchange rights. An extension may be granted for up to 6 months.

    F. EXCHANGE RIGHTS
    All sums generated by the foreign investment are freely remittable, with no limits on amount or time. Remittance rights are formalized by registering the investment with the Central Bank. This law is not retroactive, and therefore the conditions under which an investment is registered cannot be subjected to any adverse change. All foreign investments entitle the investor to:
    1. Make regular remittances of all net profits in freely convertible currency;
    2. Reinvest profits or retain undistributed surpluses;
    3. Capitalize sums derived from the investment which carry remittance rights;
    4. Remit, in freely convertible currency, the proceeds of sale or liquidation of any company or portfolio investment, or any reduction of capital therein; Remittance and exchange operations are effected through the Colombian financial system.

    G. GENERAL REGIME FOR INVESTMENTS IN THE SECURITIES MARKET
    The market is supervised by the superintendency of securities. Foreign portfolio investments are made through investment funds whose only business is to make investments in the public securities market.

    The securities law makes a distinction between types of funds:

    a) Institutional funds
    Formed in Colombia or abroad by many individuals or corporations. An Institutional fund can also be one entity, if it is composed by shares. They may invest in shares and convertible bonds; or bonds and other securities issued by the State, provincial and public sector authorities, the Coffee National Fund and Colombian corporations.

    b) Individual funds
    These are the non-institutional investors. The may invest in shares and convertible bonds, and other credit instruments issued for terms of one year or more. A foreign investment fund may not acquire 10% or more of the outstanding voting stock of a company. In the case of omnibus funds, the top limit for holdings is 40% of voting stock outstanding. Yields, profits and the proceeds of sale of securities held may be automatically reinvested or remitted each time an investment is liquidated, at the discretion of the fund manager.

    H. TECHNOLOGY TRANSFER CONTRACTS
    Technology transfer contracts must be registered with the foreign trade bureau, INCOMEX. Registration is automatic if the following requirements are met: identification of the parties, identification of the way in which the imported technology is to be transferred, contract value of each item involved in the transfer, and term of validity of the agreement.

    I. INTERNATIONAL ARBITRATION
    Colombian law allows parties to agree that all the problems related with their contract should be solved by international arbitrators, provided that the parties live in different countries, or the most significant obligations within the contract are located in a country different from the parties’ residences, or the contested issue affects the interests of more than one country, or international trade interests are directly affected.

    J. INTERNATIONAL AGREEMENTS PROTECTING FOREIGN INVESTMENTS
    Colombia has been a member of OPIC since 1985. OPIC was created to encourage U.S. investment in developing countries, and offers financing and insurance for investment projects, covering such risks as non-convertibility of currencies, expropriation and political violence. In 1986 Colombia also became a signatory to MIGA, in order to promote foreign capital flows. MIGA is a multilateral offering guarantees against non-commercial risks such as non-convertibility of currencies, discriminatory expropriation, war and civil disturbance. The Colombian Congress has ratified ICSID as a mean of access to international conciliation and arbitration regarding investments Finally, Colombia has signed bilateral investment treaties with the United Kingdom, Peru and Cuba.

    Copyright© 1998 COINVERTIR
    (Reproduced With Permission)


    Intellectual Property Rights In Colombia

    A. GENERAL PRINCIPLES

    • Copyright is considered to cover any work of a literary, artistic or scientific nature which may be reproduced or disclosed by any means. Computer software programs are legally protected in the same terms as literary works, whether operating systems or application programs.
    • The protection granted to literary and artistic works, interpretation and other productions, does not depend on any kind of formality, and therefore omission from the registry does not prevent the enjoyment or exercise of the rights recognized in the law.
    • By means of judicial procedures the copyright holder may obtain recognition and payment of respective indemnities or reparation for damage suffered. Penalties range between two to five years in prison and a fine range between five to twenty months' payment of the Legal minimum wage.
    • The patent holder may request a prejudice indemnity for indirect or consequential damages and loss of profits resulting from the usurpation.

    B. PATENTS

    • Patents are granted for inventions of products or procedures in any field of technology, provided that they are new inventions, have a significant level of inventiveness, and have the potential for industrial application and understanding by industry or any other productive enterprise, including services.
    • Patents are registered with the Superintendency of Industry and Trade at the Ministry of Economic Development. The patent right belongs to its inventor or his beneficiary, and is valid from 20 years from the date that the application is submitted and gives the holder the right to prevent third parties from exploiting the patented invention without his consent.

    C. TRADE MARKS

    • Any sign may be registered as a trade mark which is perceptible; sufficiently distinctive; capable of being distinguished in the marketplace from signs for identical or similar products or services belonging to someone else; and can be graphically represented. Trade mark registration is made with the Superintendency of Industry and Trade. It is granted for ten years, and may be renewed every 10 years.

    Copyright© 1998 COINVERTIR
    (Reproduced With Permission)


    Colombia Taxes

    Colombia's Tax Regime by COINVERTIR 1998


    General Economic Information of Colombia

    ECONOMIC INFORMATION

    According to international experts, Colombia has one of Latin America's most stable economies. Due to the implementation of orthodox, progressive and prudent economic policies, the Colombia economy is both balanced and healthy compared to that of its neighbors in the region. The following are a some of the principal considerations to be taken into account in any analysis of the Colombian economy.

    Since 1950, Colombia has enjoyed uninterrupted
    economic growth. In the '80's, Colombia experienced an average annual growth of 3.3% while the rest of Latin America was mired in the "lost decade."

    From 1990 to 1994, the GNP of Colombia grew annually at an average of 4.2%.

    Inflation in Colombia, compared to other that of other Latin American countries, is stable.

    Colombia is the only country in Latin America that has yet to renegotiate its foreign debt.

    Below are some economic figures about Colombia:

    Exchange Rates GNP GNP Growth
    December 1995 $987.7 = U$1

    December 1996 $1,005 = U$1

    July 1, 1997 $1,076.4 U$1

    1995: US$80,853 million

    1996: US$89,185 million

    1995: 5.3%

    1996: 3.0%

    GNP per Capita:

    1995: US$ 2,083

    1996: US$ 2,257

    Currency

    Peso Colombiano: 100 centavos

    Inflation

     Year Consumer Price Index   Producer Price Index
     1995  19.46%  15.40%
     1996  21.60%   14.50%
    Devaluation 1995 Minimum Wage (Month) 1997 Urban Labor Force
    Annual devaluation: 1.3%
    Mean devaluation: 13.6%
    $172,005 (US$160) 5,614,227
    (7 Principal Cities)

    EMPLOYMENT DISTRIBUTION

    AGRICULTURE  78,085
    SERVICES  1,541,496
    INDUSTRY  1,305,609
    SUBTOTAL  2,925,190
       
     TOTAL EMPLOYED
    (11 CITIES)
     6.215.000

    Unemployment (7 metropolitan areas)

    1995: 9.3%

    1996: 11.3%

    External National Debt:

    1995: US$ 24.650 million

    1996: US$ 26.150 million

    BALANCE OF PAYMENTS
    US$ Millions
     

    1994*

    1995*

    1996**

    I.CURRENT ACCOUNTS -3,263.3 -4,403.2 -4,802.9
    Commercial Balance -2,286.0 -2,693.6 -2,080.3
    Services (net) -1,839.6 -2,388.2 -3,211.5
    Transfers (net) 862.4 678.6 488.9
    II. CAPITAL ACCOUNTS 2,891.4 5,183.3 6,321.9
    Net Direct Investment 1,515.5 2,217.1 3,382.6
    Cash InvestmentsI 567.8 35.8 1,565.7
    External Debt 1,743.0 1,663.7 2,069.7
    Short Term Capital -899.2 1,355.1 -658.8
    Contributions from Int'l Organizations -35.6 -88.4 -37.3
    III. OTHER 505.0 457.7 -54.2
    IV. NET INTERNATIONAL RESERVE FLUCTUATION 133.1 322.4 1,573.2
    V. CURRENT ACCOUNT/GNP(%) -4.7 -5.4 -5.5

    * Preliminary

    ** Projected

    Source: Bank of the Republic - Management of
    Economic Studies

    http://www.banrep.gov.co/

    copyright ©1997 Proexport
    Design by URC de Colombia Ltda.
    All Rights Reserved
    (Reproduced With Permission)

    
    
    GDP GROWTH BY ECONOMIC SECTOR (% Change)  

    Sector 1990 1991 1992 1993 1994 1995 1996p 1997p 1998*
    I. Agriculture, livestock, fishery, forestry and hunting 5.83 4.16 -1.84 3.24 0.94 3.83 0.21 0.2 3.4
    a. Coffee 29.34 14.90 -0.50 -15.83 -11.68 13.76 -18.46 -5.3 3.5
    b. Agriculture excluding coffee 3.15 2.52 -2.21 6.72 2.79 2.41 2.97 0.8 3.4
    c. Agriculture and livestock 5.91 4.11 -1.97 3.47 1.10 3.57 0.60 0.2 3.4
    d. Fishing, forestry and hunting 3.85 5.50 1.30 -2.41 -3.05 10.87 -10.10 1.4 4.0
    II. Industry 2.40 0.53 3.44 2.91 3.72 2.59 -0.77 n/a n/a
    a. Coffee processing 21.87 -7.21 22.94 -16.91 -10.65 -11.58 8.70 5.7 10.0

    Manufacturing 

    excluding coffee processing

    1.95 2.06 1.90 4.78 3.20 4.23 -3.92 2.2 3.7
    c. Mining 5.92 -0.64 -3.88 -1.66 1.62 21.29 7.58 3.3 22.1
    d. Construction -13.07 0.25 7.26 18.20 19.23 1.89 0.34 0.4 2.5
    III. Services 3.97 2.52 4.74 5.00 7.53 6.39 4.71 n/a n/a
    a. Transportation and storage 1.74 2.42 5.78 4.45 5.54 3.39 1.50 3.0 4.5
    b. Communications 11.99 7.25 3.72 3.96 6.78 6.93 16.10 8.9 17.0
    c. Commerce, restaurants, hotels 2.82 0.43 2.55 9.14 6.08 8.00 -0.36 3.9 4.6
    d. Finance 9.29 6.18 4.07 6.38 18.77 11.79 5.83 4.1 4.6
    e. Housing rentals 2.90 3.53 2.92 4.00 6.10 2.00 3.20 3.0 3.0
    f. Personal services 2.65 3.90 0.88 2.89 6.49 5.63 7.10 7.4 7.5
    g. Government services 2.85 -0.32 12.52 0.20 2.74 6.97 10.90 3.9 -4.0
    h. Domestic services 2.00 2.01 1.99 2.40 2.39 2.40 1.79 2.1 3.0
    i. Electricity, gas and water 3.77 3.06 -5.80 14.03 6.16 4.45 2.82 3.5 3.0
    Less: Imputed banking services -3.36 9.30 -3.61 13.80