WT/REG314/1  
15 July 2015  
(15-3633)  Page: 1/56  
Committee on Regional Trade Agreements   
 
 FACTUAL PRESENTATION 
FREE TRADE AGREEMENT BETWEEN THE UNITED STATES AND COLOMBIA 
(GOODS AND SERVICES) 
Report by the Secretariat 
This report, prepared for the consideratio n of the Free Trade Agreement between the 
United States and Colombia, has been drawn up by the WTO Secretariat on its own 
responsibility and in full consultation with the Parties. The factual presentation 
reproduces as closely as possible the terminology used in the Agreement and in the comments provided and does not imply offi cial endorsement or acceptance by the 
Secretariat of such terminology. The report has been drawn up in accordance with the 
rules and procedures contained in the Decision for a Transparency Mechanism for 
Regional Trade Agreements (WT/L/671) and thus does not imply any value judgement by the Secretariat regarding the contents of the Agreement. 
Any technical questions arising from this report may be addressed to Denby Probst 
(tel: +41 22 739 5847). Any statistical questions arising from this report may be addressed to Rowena Cabos (tel: +41 22 739 5185). 
 
 WT/REG314/1 
 
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  TABLE OF CONTENTS 
Page 
1   TRADE ENVIRONMENT ................................................................................................. 4  
1.1   Overview .................................................................................................................. 4  
1.2   Merchand ise trade ..................................................................................................... 4  
1.3   Trade in servic es and inve stment ................................................................................. 6  
2   CHARACTERISTIC ELEMEN TS OF THE AG REEMENT ...................................................... 8  
2.1   Background  Information ............................................................................................. 8  
3   PROVISIONS ON TRADE IN GOODS ........................................................................... 10  
3.1   National Treatment ................................................................................................... 10 
3.2   Import duties and charges,  and quantitative  restrict ions ................................................ 10 
3.2.1   Tariff elimination ................................................................................................... 10 
3.2.2   Non-tari ff measures ............................................................................................... 13 
3.2.3   Special provisions .................................................................................................. 14 
3.3   Rules of origin .......................................................................................................... 14 
3.4   Export duties and charges,  and quantitative  restrictions ................................................. 15 
3.4.1   Duties and taxes .................................................................................................... 15 
3.4.2   Fees and charges ................................................................................................... 15 
3.4.3   Export restrictions ................................................................................................. 15 
3.5   Regulatory provisions on trade in goods ....................................................................... 16 
3.5.1   Standards ............................................................................................................. 16 
3.5.1.1   Sanitary and phytosanitary measures .................................................................... 16 
3.5.1.2   Technical barriers to trade .................................................................................... 16 
3.5.2   Safeguard mechanisms ........................................................................................... 17 
3.5.2.1   Global safeguards ............................................................................................... 17 
3.5.2.2   Bilateral safeguards ............................................................................................. 17 
3.5.2.3   Textile sa feguard me asures .................................................................................. 17 
3.5.2.4   Agricultural  safeguard measures ........................................................................... 17 
3.5.3   Anti-dumping and countervailing measures ............................................................... 18 
3.5.4   Customs-re lated procedures .................................................................................... 18 
3.5.5   Competition, designated monopolies and state enterprises ........................................... 19 
3.6   Sector-specific provis ions on trad e in goods ................................................................. 19 
3.6.1   Agriculture ............................................................................................................ 19 
3.6.1.1   TRQs ................................................................................................................. 19 
3.6.1.2   Sugar mechanism ............................................................................................... 20 
3.6.1.3   Export subsidies.................................................................................................. 20 
3.6.1.4   Other ............................................................................................................... . 20 
3.6.2   Textiles and Apparel ............................................................................................... 20 
4   PROVISIONS ON TRADE IN SERVICES AND IN VESTMENT ......................................... 21  
4.1   Scope and definitions ................................................................................................ 21 
4.2   Denial of benefits ..................................................................................................... 21 WT/REG314/1 
 
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  4.3   General provisions on trade in services and investment .................................................. 22 
4.3.1   Mark et acce ss ....................................................................................................... 22 
4.3.2   National treatment and MFN .................................................................................... 22 
4.3.3   Local presence ...................................................................................................... 23 
4.3.4   Movement of  natural persons .................................................................................. 23 
4.3.5   Other provisio ns on Inve stment ............................................................................... 24 
4.4   Liberalization commitments ........................................................................................ 24 
4.4.1   Unit ed States ........................................................................................................ 24 
4.4.2   Colombia ..............................................................................................................  27 
4.5   Regulatory provisions ................................................................................................ 29 
4.5.1   Domestic regulation ............................................................................................... 29 
4.5.2   Recognition ........................................................................................................... 29 
4.5.3   Subsidies .............................................................................................................. 29 
4.5.4   Safeguards ........................................................................................................... 30 
4.6   Commitments in  Selected Sectors ............................................................................... 30 
4.6.1   Financial Services .................................................................................................. 30 
4.6.1.1   Cross-border trad e in financia l services .................................................................. 30 
4.6.1.2   Specific Financ ial Services Commitments ................................................................ 30 
4.6.1.3   Non-conforming measures .................................................................................... 31 
4.6.2   Telecommunications ............................................................................................... 33 
4.6.3   Express De livery Services ....................................................................................... 34 
4.6.4   Professi onal serv ices .............................................................................................. 34 
5   GENERAL PROVISIONS  OF THE AGREEMENT ............................................................. 35  
5.1   Transparency and Anti-Corruption ............................................................................... 35 
5.2   Exceptions ............................................................................................................... 35 
5.3   Accession and withdrawal .......................................................................................... 35 
5.4   Institutio nal framework ............................................................................................. 35 
5.5   Disput e settlement ................................................................................................... 35 
5.6   Relationship with other agr eements concluded by the Parties .......................................... 37 
5.7   Government  procurement .......................................................................................... 38 
5.8   Intellectual property rights ......................................................................................... 39 
5.9   Other ...................................................................................................................... 39 
5.9.1   Electronic Commerce .............................................................................................. 39 
5.9.2   Labour ................................................................................................................ . 39 
5.9.3   En vironment ......................................................................................................... 40 
5.9.4   Understanding on biodiver sity and traditio nal knowledge ............................................. 40 
ANNEX 1 ....................................................................................................................... . 41 
ANNEX 2 ....................................................................................................................... . 48 
ANNEX 3 ....................................................................................................................... . 54 
 WT/REG314/1 
 
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Key Facts 
 
Parties to the Agreement:  Colombia and the United States  
 
Date of Signature:  22 November 2006; amended on 28 
June 2007 
 
Date of Entry into Force:  15 May 2012 
 
Date of Notification:   8 May 2012  
 
Full implementation:  1 January 2030  
 
 
1  TRADE ENVIRONMENT 
1.1  Overview 
1.1.  The United States-Colombia Trade Pr omotion Agreement (CTPA or hereinafter the 
Agreement) is the 8th free trade agreement entered into by Colombia and the 13th entered into by 
the United States and covers the trade of goods and services.1 In terms of US-Colombia trade 
relations, it supersedes the long-standing unilateral preferential regimes offered to Colombian 
products entering the United States pursuant to the Generalized System of Preferences (GSP), Andean Trade Preference Act (ATPA), and the An dean Trade Promotion and Drug Eradication Act 
(ATPDEA). The FTA creates a permanent reciprocal  two-way trading relationship between the two 
parties.  
1.2.  The Parties to the Agreement are quite differe nt in the size of their economies and their role 
in world trade. The United States is Colombia's leading trade partner (both imports and exports) 
but Colombia is a relatively small supplier of goods and services to the U.S. market. In 2014, 
Colombia was the 19th largest supplier of imports to the United States. In 2013, the GDP of Colombia was US$378 billion while th at of the United States was more than 40 times larger, at 
US$16,800 billion. The United States ranks first in world services trade and merchandise trade 
imports (second in exports), while Colombia ranks 49th in world merchandise trade imports 
(55
th in exports) and 59th in services imports (70th in exports).2 
1.2  Merchandise trade 
1.3.  Trends in world trade and between the Pa rties of the Agreement are shown in Chart 1.1. 
Overall, the Parties have generally seen gradual increases in world imports and exports and from 
the other Party in recent year with the except ion of the 2009 economic downturn when imports 
and exports declined, and in 2013-14 when Colomb ian exports declined to the world and to the 
United States. While Colombian exports to the United States have grown significantly since 2009, there was a marked decline in 2013-14 due to decl ining oil output and exports, the main product 
exported to the United States. Colombia maintained  a growing trade surplus with the United States 
until 2014 when this turned to a deficit due to declining oil exports; the United States' 
longstanding trade deficit with Colombia turned positive for the first time in 2014 for the same reasons. 
 
  
 
                                               
1 As notified to the WTO. 
2 WTO Statistics Database. WT/REG314/1 
 
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  Chart 1.1 United States and Colombia: Merc handise bilateral trade and with world, 2000-
2014 
02040
010203040506070
2000 2002 2004 2006 2008 2010 2012 2014B. Colombia 2000-2014
(US$ Billion)
Imports from United States (Right Axis)
Exports to United States (Right Axis)
Total Imports
Total Exports
020406080100
05001,0001,5002,0002,5003,000
2000 2002 2004 2006 2008 2010 2012 2014A. United States 2000-2014
(US$ Billion)
Imports from Colombia (Right Axis)
Exports to Colombia (Right Axis)
Total Imports
Total Exports
 
Source: UNSD, Comtrade and Global  Trade Atlas (GTA) databases. 
1.4.  The product composition of merchandise trade between the Parties and the world for the past 
three years is shown in Chart 1.2. Colombian global exports are dominated by the minerals 
(energy) sector which is also the dominant U.S. import from Colombia. U.S. global imports are 
more balanced with machinery outpacing minerals (energy). Machinery also accounts for approximately one-fourth of U.S. exports, and it also accounts for Colombia's second largest 
category of imports from the United States. Colo mbian-U.S. trade is dominated by raw material 
exports from Colombia to the United States, and fi nished good exports from the United States to 
Colombia. WT/REG314/1 
 
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  Chart 1.2 United States and Colombia: pr oduct composition of merchandise trade, 
annual average (2012-2014) 
69121010
8United States' imports from Colombia (%)
27
17
128554333222United States' Global Imports (%)
45
325432226Colombia's Global Exports (%)
32
17
1596543324Colombia's imports from the United States 
(%)
23
14
14 11764443226Colombia's Global Imports(%)
24
16
10105555432927United States' Global Exports(%)Total: US$ 22 billion Total: US$2,357 billion
Total: US$ 60 billion Total: US$1,582 billionTotal:  US$ 58 billion
Total: US$ 16 billion
 
Source: UNSD Comtrade and Global  Trade Atlas (GTA) databases. 
 
1.5.  Table A1.1 shows the top U.S. imports from Colombia over the past four years. Crude oil was 
the dominant product imported by the United States; its volumes have grown significantly since 2008, albeit declining during 2013 and 2014. The other leading imports over the period were gold, 
petroleum oils, and coffee. There has been signific ant growth in gold imports since 2008, but these 
have also slightly declined during 2013 and 2014. For Colombia, Table A1.2 shows there the main imports from the United States are processed petroleum oils, followed by corn and airplanes. 
1.3  Trade in services and investment 
1.6.  The United States is the dominant player in  world services trade, ranking first in terms of 
both imports and exports, and accounting for 10% of world imports and over 14% of world exports 
in 2013. Colombia, on the other hand, accounts for a very small per cent of world services trade, 
accounting for less than 1% of world imports and exports.
3 The United States also maintains a 
growing trade surplus in services trade, which offsets its merchandise trade deficit. In 2014, US services exports amounted to US$686 billion, and imports amounted to US$454 billion, exhibiting 
a gradual growth over the period 2012-14. (Table  1.1). Colombian services exports amounted to 
US$7.1 billion and imports amounted to US$13.3 billion in 2014, showing slight increases each year during 2012-14. (Table 1.2). 
                                               
3 WTO Statistics Database. WT/REG314/1 
 
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  Table 1.1 Trade in commercial services  and investment with world, 2012-2014 
A. United States 
Unit: in million US$ 
Service Item World 
Exports Imports 
2012 2013 2014 2012 2013 2014 
Total commercial services 630,583  662,888  685,580  422,499 436,791 454,496  
Manufacturing services on 
physical inputs owned by 
others - - - - - - 
Maintenance and repair 
services n.i.e. 15,115  16,295  18,710  7,970 7,620 7,591  
Transport 83,592  87,267  90,237  85,029 90,754 94,410  
Travel 161,249  173,131  176,952  100,317 104,677 111,713  
Construction 3,154  2,590  - 3,253 2,651 - 
Insurance and pension services 16,534  16,096  16,729  53,203 50,454 49,313  
Financial services 76,605  84,066  88,417  16,975 18,683 19,658  
Charges for the use of intellectual property n.i.e. 125,492  129,178  132,653  39,502 39,015 41,939  
Telecommunications, 
computer, and 
information services 32,103  33,409  33,356  32,156 32,877 33,262  
Other business services 115,847  120,143  125,310  83,271 89,145 93,301  
Personal, cultural, and 
recreational services 891 714 - 823 914 - 
World 
Outward Inward 
2012 2013 2014 2012 2013 2014 
Total FDI stocks  5'249'539   6'349'512  -   3'923'969   4'935'167  -  
Total FDI flows  366'940   338'302  -  160'569   187'528  - 
- no available data  
Note: Based on BPM6. Source: WTO Statistics database and UNCTAD. 
1.7.  U.S. services trade is dominated by travel , charges for the use of intellectual property, and 
other business services in terms of exports; and travel, transport, and c and other business 
services in terms of imports. Colombia maintains a services trade deficit as imports outpaced 
exports in recent years. The commercial services trade of Colombia is dominated by travel and transportation services, in addition to other business services for imports.  
Table 1.2 Trade in commercial services  and investment with world, 2012-2014 
B. Colombia 
Unit: in million US$ 
Service item World 
Exports Imports 
2012 2013 2014 2012 2013 2014 
Total commercial services  6,335   6,772   7,100   12,097   12,668   13,300  
Manufacturing services on 
physical inputs owned by 
others   -  -  -   5  1  1 
Maintenance and repair 
services n.i.e.   41  51   22  22  14  18  
Transport  1,491  1,714   1,810   3,565   3,002  3,002  
Travel  3,460  3,611   4,136   3,626   3,941  4,708  
Construction   -  -  -  4  2  1 
Insurance and pension services   1  6   4  840  988  999  
Financial services   74  77  84  702  739  863 
Charges for the use of intellectual property n.i.e.   90  66   61  527  561  476  
Telecommunications, 
computer, and 
information services   352  272  193  468  558  538 
Other business services   743  793   707  2,241   2,715  2,562  WT/REG314/1 
 
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  Service item World 
Exports Imports 
2012 2013 2014 2012 2013 2014 
Personal, cultural, and 
recreational services   85  181  83  99  149  133 
  World 
Outward Inward 
2012 2013 2014 2012 2013 2014 
Total FDI stocks  31'351  39'003  -   112'069   127'895 -  
Total FDI flows - 606  7'652  -   15'529   16'772 -  
- no available data. 
Note: Based on BPM6. Source: WTO Statistics database and UNCTAD. 
1.8.  No data is available on bilateral commercial services transactions between Colombia and the 
United States. 
1.9.  Inward and outward foreign direct investment for Colombia has gradually increased during 
the last two years, with inward FDI stock signific antly outpacing outward FDI. (Table 1.2). Inward 
FDI reached US$128 billion and outward reached US$39 billion in 2013. 
1.10.  According to U.S. data, the United States direct foreign investment position in Colombia, on 
a historical cost basis, amounted to US$7.8 billion in 2013, an increase of 6.1% since 2012. The majority of this was in the mining sector (33%) followed by manufacturing (23%) and finance and 
insurance (12%) sectors.
4 
2  CHARACTERISTIC ELEMENTS OF THE AGREEMENT 2.1  Background Information 2.1.  The CTPA (the Agreement) entered into force on 15 May 2012.
5 The CTPA was originally 
signed by the United States and Colombia on 22 November 2006; however, in June 2007, the 
Parties reached agreement on several amendments, most notably on ILO labour rights, multilateral environmental agreements, and pharma ceutical intellectual property rights. Colombia 
approved the amendments to the Agreement on 30 October 2007, having already approved the 
original text on 14 June 2007. The United Stat es Congress approved the Agreement in October 
2011, and it was subsequently signed into law by the President on 21 October 2011.
6 Subsequent 
to the formal approval of the agreement by the Part ies, and before its entry into force, there have 
been ten side letters on ITA, SPS, IPR, Go vernment Procurement, and Services matters.7 
2.2.  The Parties notified the goods and services  aspects of the Agreement to the WTO on 8 May 
2012 as an agreement forming a free trade area under Article XXIV:7(a) of GATT 1994 and the 
Understanding on the Interpretation of Article XXIV of GATT 1994, and under GATS Article V:7(a) 
as an agreement liberalizing trade in services.8 The Agreement is comprised of 23 Chapters, three 
                                               
4 Bureau of Economic Analysis, International Economic Accounts. 
5 The CPTA emanated from a regional effort for a U.S.-Andean FTA, upon which after several rounds, 
failed to materialise. However, bilateral efforts cont inued with Peru and Colombia, resulting in their own 
bilateral FTAs with the United States. The CTPA is  modelled on previous US free-trade agreements, in 
particular the one with Peru. 
6 P.L. 112-42. 
7 Texts of the letters viewed at:  
https://ustr.gov/sites/default/files/uploads/agreements/fta/colombia/asset_upload_file336_10145.pdf  
https://ustr.gov/sites/default/files/uploads/agreements/fta/colombia/asset_upload_file745_10166.pdf  
https://ustr.gov/sites/default/files/uploads/agreements/fta/colombia/asset_upload_file740_10160.pdf  
https://ustr.gov/sites/default/files/uploads/agreements/fta/colombia/asset_upload_file544_10194.pdf  
https://ustr.gov/sites/default/files/uploads/agreements/fta/colombia/asset_upload_file426_10181.pdf  
https://ustr.gov/sites/default/files/uploads/agreements/fta/colombia/asset_upload_file741_10149.pdf  
https://ustr.gov/sites/default/files/uploads/agreements/fta/colombia/asset_upload_file68_10158.pdf  
https://ustr.gov/sites/default/files/uploads/agreements/fta/colombia/asset_upload_file491_10144.pdf  
https://ustr.gov/sites/default/files/uploads/agreements/fta/colombia/asset_upload_file44_10152.pdf  
https://ustr.gov/sites/default/files/uploads/agreements/fta/colombia/asset_upload_file604_10157.pdf  
8 WT/REG314/N/1. WT/REG314/1 
 
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  Annexes, and one Understanding.9 It also includes a number of side letters relating to various 
Chapters. The provisions of Article 23.1 state that the annexes, appendices, and footnotes constitute an integral part of the Agreement.  Many parts of the Agreement mirror WTO GATT, 
GATS, and TRIPs disciplines, and some provisions  go beyond WTO obligations. In addition the 
Agreement covers issues beyond the current multilateral framework, such as labour and 
competition policy. The main provisions governing goods are in Chapters 2 through 8; services aspects (including investment aspects, GATS mode  3) are mainly covered in Chapters 10 through 
12 plus 14. The Agreement also covers government  procurement, competition policy, electronic 
commerce, intellectual property rights, labour, environment, dispute settlement, transparency, 
and trade capacity building. (Table 2.1)  
Table 2.1 
Chapters, annexes and side letters of the Agreement 
Chapters and annexes Title/Description 
Preamble  
Chapter 1 Initial Provisions and General Definitions 
Chapter 2  National Treatment and Market Access for Goods 
Chapter 3  Textiles and Apparel 
Chapter 4 Rules of Origin and Origin Procedures 
Chapter 5 Customs Administration and Trade Facilitation 
Chapter 6 Sanitary and Phytosanitary Measures 
Chapter 7 Technical Barriers to Trade 
Chapter 8 Trade Remedies 
Chapter 9 Government Procurement 
Chapter 10 Investment 
Chapter 11 Cross-Border Trade in Services 
Chapter 12 Financ ial Services 
Chapter 13 Competition policy, Designated Monopolies, and State Enterprises 
Chapter 14 Telecommunications 
Chapter 15 Electronic Commerce 
Chapter 16 Intellectual Property Rights 
Chapter 17 Labor 
Chapter 18 Environment 
Chapter 19 Transparency 
Chapter 20 Administration of the Agreement and Trade Capacity Building 
Chapter 21 Dispute Settlement 
Chapter 22 Exceptions 
Chapter 23 Final provisions 
Annex I Non-conforming measures fo r services an d investment 
Annex II Non-conforming measures fo r services an d investment 
Annex III Non-conforming measures for financial services  
  
Understandings Understandings regarding fina ncial services and se rvices measures and 
biodiversity and traditional knowledge 
Side letters Three side letters on SPS  
 Two side letters on Government Procurement 
 One side letter on Services 
One side letter on ITA 
 Three side letters on Intellectual Property  
Source:  Free Trade Agreement between the United States and Colombia. 
                                               
9 The texts of the Agreement can be  found on the following websites: http://www.ustr .gov/trade-
agreements/free-trade-agreem ents/colombia-fta/final-text  and 
http://www.tlc.gov.co/pu blicaciones.php?id=727  WT/REG314/1 
 
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  3  PROVISIONS ON TRADE IN GOODS 
3.1  National Treatment 3.1.  Article 2.2 provides for national treatm ent on goods as per Article III of GATT 1994 by 
incorporation of Article III and its interpretive notes as an integral part of this Agreement. The 
provisions go further to clarify that national treatment at a regional level of government means 
treatment no less favourable than the most favourable treatment that regional level of government accords to any like, directly competitive, or subs titutable goods of the Party of which it forms a 
part. 
3.2.  Annex 2.2 provides specific exceptions to national treatment provisions (as well as the 
provisions on import and export restrictions, discussed below), including, in the case of Colombia, for measures relating to the taxation of alcoholic beverages until four years after the date of entry 
into force of the Agreement (i.e., by May 15, 2016) and actions authorised by the WTO Dispute 
Settlement Body, and, for the United States, for measures and amendments to the Merchant Marine Act of 1920, the Passenger Vessel Act, and 46 U.S.C. 12108, and actions authorised by the 
WTO Dispute Settlement Body. 
3.2  Import duties and charges,  and quantitative restrictions 
3.2.1  Tariff elimination 
3.3.  Article 2.3 and its Annex provide for the gradual elimination of most tariffs in the respective 
tariff schedules of the Parties. According to the schedule listed in Annex 2.3 and the General Notes 
to the Schedules, there are nine different possible staging categories for the United States and 20 
for Colombia. In addition to the category of i mmediately duty-free upon implementation, many of 
the duties will be removed in equal annual reduct ions over a period of years, and some other 
duties will be subject to non-linear phase outs and maintained at a certain level for a period of time before being reduced or eliminated. The fi rst tariff reduction occurred upon the entry into 
force of the Agreement, and subsequent tariff reductions will occur on 1 January of each 
successive year. The provisions of Article 2.3 also allow for acceleration of the elimination of duties after notification, consultation, and agreement. A tariff can be raised to the level in the schedule 
following a unilateral reduction or as authorised by the WTO Dispute Settlement Body. 
3.4.  The Agreement provides that duties on nearly  all products will be eliminated upon entry into 
force of the Agreement or reduced over a maximum period of 17 years for the United States and a maximum period of 19 years for Colombia. At entry into force of the Agreement in 2012, the 
United States eliminated tariffs on 6,422 lines for imports from Colombia, in addition to those 
already duty free on an MFN basis (3,866 lines).
10 Following 10 years of implementation by 2021, 
an additional 41 lines are to become duty free for imports from Colombia. The United States will 
not eliminate all tariffs by the end of implementa tion, as out-of-quota tariffs on sugar and sugar-
containing products will remain in place. The tariff rate quota for sugar and sugar-containing products grows annually by 750 metric tons continually. These concern 48 tariff lines in HS 
chapters 12, 17, 18, 19, and 21. While 62.7% of  Colombian exports achieved duty-free status 
upon the entry into force, it is noted that the majority of Colombian exports benefitted from U.S. preference programmes before the Agreement came  into force and the Agreement strengthened 
that treatment. Colombia provided MFN duty-fr ee treatment for 264 lines prior to the Agreements 
entry into force in 2012.
11 Upon entry into force of the Agreement, it increased duty-free 
treatment for the United States by 5,368 lines. By 2021 it is expected to have liberalized 7,406 lines or 99.1% of its tariff lines which will increa se to 100% by the end of implementation in 2030. 
(Table 3.1 and Table 3.2). 
3.5.  The 48 U.S. tariff lines not achieving full du ty or quota elimination are all subject to the sugar 
TRQ. (see Subsection 3.6.1.1 below on TRQs) In essence, if the quota levels are not exceeded, the 
product enters duty-free. However, if the qu ota quantity is exceeded, the MFN rates are 
                                               
10 The United States' MFN applied tariff at the HS 8-digit level contains 10,511 lines of which 9,365 
(89.1%) is subject to ad valorem  rates of duty. Of the remaining lines, 685 have specific rates of duty, 307 
compound rates and 7 lines have mixed rate s of duty; 147 have other rates of duty. 
11 Colombia's MFN applied tariff at the HS 8-digit level contains 7,454 lines of which 7,295 (97.9%) 
carry ad valorem  rates of duty. 159 lines carry other rates of duty. WT/REG314/1 
 
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  applicable. The sugar TRQ, unlike all the other TRQs, is never eliminated after a period of time, 
however it does continue to grow each year. Chart 3.1 below therefore shows only the out of 
quota duty rates applicable to sugar imports from Colombia which are equivalent to the MFN duty and which Colombian above the quota exports to the United States would be subject to. 
Table 3.1 Tariff elimination commitments under the Agreement and corresponding 
average trade 
A. United States 
Duty phase-out 
period Number of 
lines % of total lines 
in United 
States' tariff 
schedule Value of United 
States' imports from 
Colombia 
(2011-2013) in 
million US$ % of United 
States' total 
imports from 
Colombia 
2011-2013 
MFN duty free (2012)  3,866 36.8 6,985.6 31.1 
2012 6,423 61.1 15,422.9 68.8 
2016 2 0.0   
2021 39 0.4 0.1 0.0 
2022 10 0.1   
2026 121 1.2 1.4 0.0 
2027 2 0.0   
Remain dutiable 48 0.5 20.2 0.1 
Total 10,511 100.0 22,430.2 100.0 
Note: Based on the HS 2012 nomenclature. 
Source:  WTO estimates based on data provid ed by the United States and the WTO-IDB. 
Table 3.2 Tariff elimination commitments under the Agreement and corresponding 
average trade 
B. Colombia 
Duty phase-out 
period Number of 
lines % of total lines 
in Colombia's 
tariff schedule Value of Colombia's 
imports from United 
States 
(2011-2013) in 
million US$ % of 
Colombia's 
total imports 
from United 
States 
2011-2013 
MFN duty free (2012)  264 3.5 1,489.5 10.2 
2012 5,368 72.0 7,062.9 48.2 
2014 1 0.0 0.1 0.0 
2016 577 7.7 826.6 5.6 
2018 63 0.8 243.9 1.7 
2019 3 0.0 6.6 0.0 
2020 2 0.0 0.4 0.0 
2021 1,128 15.1 4,797.4 32.7 
2022 6 0.1 0.4 0.0 
2023 9 0.1 153.0 1.0 
2026 24 0.3 16.4 0.1 
2029 4 0.1 13.7 0.1 
2030 5 0.1 45.3 0.3 
Total 7,454 100.0 14,656.3 100.0 
Note:  Based on the HS 2012 nomenclature. 
Source:  WTO estimates based on data provided by Colombia the WTO-IDB. 
3.6.  In addition to the tariff elimination prov ided for in Chapter 2 for products of the United 
States, Colombia has agreed to further MFN tariff elimination pursuant to the provisions of a side 
letter. The letter contains a commitment from Colombia to become a full participant to the WTO Information Technology Agreement (ITA) by 31 December 2007, thus agreeing to eliminate tariffs on certain IT products in the WTO on an MFN ba sis. According to a document from the WTO ITA 
Committee, Colombia became a participant to the WTO ITA on 1 May 2012.
12 
3.7.  The average MFN tariff for the United States is 4.7% with the highest average tariffs in the 
footwear (XII), prepared foods (IV), and animal pr oducts (I) sections. (Table 3.3) These are also 
the sections where staging is typically the longes t as well, with duty elimination in 2021 or 2026 
                                               
12 G/IT/1/Rev.46. WT/REG314/1 
 
- 12 - 
 
  for some tariff lines. Duty elimination in 2026 also occurs for four tariff lines of vegetable products 
(II) and animal or vegetable fats and oils (III). With the exception of footwear and five textile tariffs, all tariffs being gradually eliminated are agricultural products. As 97.9% of the tariffs were eliminated upon implementation, most HS sections are currently duty free. Furthermore, these 
average MFN tariffs are overstated in the case of application to Colombia due to longstanding 
preferential access. 
Table 3.3 United States: Tariff eliminat ion under the Agreement, by HS section
 
HS 
section MFN 
average % Total No. 
of lines MFN duty-
free 
(2012) Number of new duty-free lines 
under the Agreement No. of 
lines 
remaining 
dutiable Avg. Final 
Tariff 
(Dutiable) 
% 
2012 2016 2021 2022 2026 2027 
I 7.7 569 251 233  8 7 7    
II 3.9 558 150 403  1  3  1  
III 3.4 69 17 51    1    
IV 11.5 677 152 418  7 3 47 2 48 20.1 
V 0.6 204 154 50        
VI 3.5 1714 530 1184        
VII 3.7 375 86 289        
VIII 4.3 220 42 178        
IX 2.4 240 138 102        
X 0.0 275 275         
XI 9.0 1592 211 1376 2 3      
XII 13.4 195 35 140  20      
XIII 5.2 298 99 199        
XIV 3.0 105 48 57        
XV 1.9 988 536 452        
XVI 1.7 1346 696 650        
XVII 2.4 252 131 121        
XVIII 2.9 512 170 342        
XIX 1.9 33 18 15        
XX 3.6 282 120 162        
XXI 0.0 7 7         
Total 4.7 10511 3866 6422 2 39 10 58 2 49 19.7 
Note: For the calculation of averages, specific duties are excluded and the ad valorem  parts of alternate 
rates are included. At the MFN level, Ad-Valorem Eq uivalents (AVEs) were used for the calculation.  
 Based on the HS 2012 nomenclature. 
Source:  WTO estimates based on data  provided by the United States. 
 
3.8.  Colombia's average MFN tariff is almost double that of the United States, at 8.7%. The 
highest average tariffs are in the animal products (I), animal or vegetable fats and oils (III), and 
works of Article (XXI) sections. The longest staged elimination of duties is for vegetable products 
(II), prepared foods (IV), and animal products (I), with staging to 2029 or 2030. Upon implementation of the Agreement, Colombia eliminat ed all duties in the textiles (XI) section. A 
significant number of tariffs will achiev e duty-free status in 2021. (Table 3.4) 
Table 3.4 Colombia: Tariff elimination under the Agreement, by HS section 
HS 
section MFN 
avg 
% Total 
No. 
of 
lines MFN 
duty-
free 
(2012) Number of duty-free lines under the Agreement 
2012 2014 2016 2018 2019 2020 2021 2022 2023 2026 2029 2030 
I 19.9 413   286 1 76       28 4   15 3   
II 13.2 427   386   15   1   14   6     5 
III 15.5 66   31   34       1           
IV 14.0 310   235   37   2 2 19 2 3 9 1   
V 5.0 193 1 161   1       3           
VI 5.0 1,416 173 1029   31 4     179           
VII 7.5 315 8 150   4 53     100           
VIII 8.9 78   72           6           WT/REG314/1 
 
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  HS 
section MFN 
avg 
% Total 
No. 
of 
lines MFN 
duty-
free 
(2012) Number of duty-free lines under the Agreement 
2012 2014 2016 2018 2019 2020 2021 2022 2023 2026 2029 2030 
IX 7.5 108   45   35       28           
X 8.1 197 14 63   93       27           
XI 10.2 933 1 932                       
XII 13.5 55   26           29           
XIII 7.8 167   87   8       72           
XIV 7.1 59   42   3       14           
XV 6.3 718 18 425   85       190           
XVI 6.0 1,231 35 910   88 6     192           
XVII 12.2 246 12 101   44       89           
XVIII 5.7 282 2 262   7       11           
XIX 14.9 69   68           1           
XX 13.2 164   54   16       94           
XXI 15.0 7   3           4           
Total 8.7 7,454  264 5,368 1 577 63 3 2 1128  6 9 24 4 5 
Note: For the calculation of averages, specific duties are excluded and the ad valorem  parts of alternate 
rates are included.  
 Based on the HS 2012 nomenclature. 
Source:  WTO estimates based on data provided by Colombia. 
Chart 3.1 United States: Average of  dutiable rates, by HS Chapter 
051015202530
17 18 19 21HS Chapter
MFN PreferentialAverage rate of duty (%)  
 
Note: For tariff lines subject to TRQs only the ou t-of-quota duty is included in the tariff-related 
calculations; for the calculation of averag es, specific rates are excluded an the ad valorem  parts of 
alternate rates are included. 
Source: WTO Secretariat estimates base d on data provided by Colombia. 
3.2.2  Non-tariff measures 
3.9.  Articles 2.8, 2.9, and 2.10 provide commitments for the Parties on import restrictions, import 
licensing, and administrative fees and formalities. These provisions follow and reinforce the WTO GATT provisions on these subjects, i.e. Articles  VIII and XI of GATT 1994 and the WTO Import 
Licensing Agreement. Article 2.8 directly incorporates the Article XI of GATT 1994 into the 
Agreement and provides further understanding on th e prohibition of import price requirements and WT/REG314/1 
 
- 14 - 
 
  import licensing conditioned on the fulfilment of a performance requirement. Article 2.9 on import 
licensing reinforces the Parties' commitments under the Import Licensing Agreement and contains a provision on notifying existing import licensing procedures to the other Party. The provisions on administrative fees and formalities (Article 2.10) mirror the provisions of Article VIII:1(a). In 
addition, there is a provision that no Party may require consular transactions, including related 
fees and each Party shall publish on the internet a current list of fees and charges it imposes on 
imports. The United States also undertakes a commitment to eliminate its Merchandise Processing 
Fee for originating goods of Colombia. 
3.10.  Annex 2.2 provides that Article 2.8 shall not apply to certain measures, including, for 
Colombia, measures relating to the taxation of alcoholic beverages; controls on the import of used and imperfect goods, remainings, scraps, wastes, and residues; and controls on the import of 
automotive vehicles, including used vehicles and new vehicles whose import occurs more than two 
years following their date of production. For the United States, Annex 2.2 covers certain measures, 
including renewal or amendment, under the Merchant Marine Act of 1920 and Passenger Vessel 
Act. In addition, Article 2.8 (like Article 2.2, di scussed in paragraph 3.2 above) does not apply with 
respect to actions by either country authoriz ed by the WTO Dispute Settlement Body (see 
Subsection 3.4.3 for Annex 2.2 provisions applicable to exports). 
3.2.3  Special provisions 
3.11.  In addition to provisions on tariffs and non-tariff measures, Chapter 2 also provides for 
other commitments on temporary admission of good s, waiver of customs duties, goods re-entered 
after repair or alteration, and duty-free entry of commercial samples of negligible value and 
printed advertising materials. Article 2.4 prohibits a Party from waiving customs duties when the 
waiver is conditioned on the fulfilment of a performance requirement. For the temporary admission of goods, goods re-entered after repair or altera tion, and duty-free entry of commercial samples of 
negligible value and printed advertising materials, the Agreement provides that these shall be 
granted duty-free entry provided they  meet the criteria outlined in Articles 2.5, 2.6, or 2.7, as 
appropriate. 
3.12.  In addition, Article 2.12 provides for the recognition of certain products as "distinctive 
products". This provision requires Colombia to recognize Bourbon Whisky and Tennessee Whisky as distinctive products of the United States. Thus, Colombia shall not permit the sale of any product as Bourbon Whisky or Tennessee Whisky unless it has been manufactured in the United 
States in accordance with the relevant U.S. laws and regulations. Article 2.12 allows for 
consideration of designation of other distinctive products upon the request of a Party. 
3.3  Rules of origin 
3.13.  Rules of origin are outlined in Chapter 4 of the Agreement for most products, however 
specific rules of origin for textile and apparel are contained in Annex 3-A of Chapter 3.
13 The 
agreement provides for four main methods to confer origin: a) wholly obtained criteria, b) specific 
rules through change in tariff classification, c) regional value content methodology, and d) 
produced entirely in the territory of one or the other party exclusively from originating materials. The goods can be originating goods if they qual ify through any one of the above four methods. 
3.14.  Annex 4.1 provides for the specific rules of origin that are applicable through the tariff shift 
method or for the regional value content method. The specific rules are delineated by HS section, 
chapter, heading, or sub-heading. In addition to the product specific information by change in tariff heading and regional value content percentages, the Annex also contains a note on 
quantitative limitations for the treatment of non-originating Arabica coffee beans as originating 
goods. Annex 3-A contains similar information for specific rules of origin pertaining to textile and apparel goods. 
3.15.  The regional value content methodology is described in Article 4.2 and provides two 
alternative methods to calculate regional value content: a) method based on value of non-originating materials, also known as the "build-d own method", and b) method based on value of 
                                               
13 Annex 3-A covers rules of origin for products of HS Chapters 42, 50 through 63, 66, 70, and 94. WT/REG314/1 
 
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  originating materials, also known as the "bui ld-up method". However, for automotive goods14, a 
third method is used, known as the "net cost method". The three formulas for calculating the regional value content are defined in Article 4.2. 
3.16.  The other articles in the Rules of Origin chapter set out rules for valuing materials for 
determining RVC, accumulation, transit and transhipment, and de minimis . The rules for valuing 
the materials use three different methods depe nding on whether the material was imported, 
acquired by the producer in the territory where good is produced, or for materials that are self-
produced. The rules for de minimus  provide for a non-originating good to be originating if the 
value of all non-originating materials do not exceed  10% of the adjusted value of the good. A list 
of certain exceptions to the de minimus  rule is provided in Annex 4.6, which concerns only 
agricultural, and textile and apparel goods. 
3.17.  Specific rules or exceptions are also set out in the articles for certain types of goods, 
i.e., fungible goods and materials; sets of goods; accessories, spare parts, and tools; packaging materials and containers for retail sale; indirect materials used in production; and packing 
materials and containers for shipment. Section B of Chapter 4 sets out procedural aspects, i.e. 
claims for preferential treatment, exceptions, reco rd keeping requirements, verification, obligations 
relating to importations, obligations relating to exportations, common guidelines, and 
implementation. 
3.18.  Article 3.3 and Annex 3.3 provide specific rules of origin for certain textile and apparel 
products in addition to the general rules in Chapter 4.
15 Annex 3-C provides two basic methods of 
origin—meeting one of the four rules applicable to the textile article or the tariff-shift method as 
outlined in the Annex. The rules comprise the "yarn forward" principle which the United States 
generally uses to confer origin for textile items, i.e. the yarn, fabric, and garment all must be originating. In addition, the rules allow for the use of certain non-originating goods listed in the 
Short-Supply List Annex when it has been dete rmined that the items are not available in 
commercial quantities in a timely manner. The list currently has 18 textile items or categories of items, and the provisions of Article 3.3.5-7 allow for items to be added to the list. Article3.3 also 
provides special rules for de minimus , treatment of sets, treatment nylon filament yarn, and 
handmade or traditional folklore goods. 
3.4  Export duties and charges,  and quantitative restrictions 
3.4.1  Duties and taxes 
3.19.  The provisions of Article 2.11 prohibit any duties, taxes, or other charges on the export of 
any product to the territory of the other Party unless similar such charges are also applied for goods destined for domestic consumption. However, Colombia has some exceptions to this 
pursuant to Annex 2.11 and therefore the provisions  of Article 2.11 do not apply to contributions 
required on the export of coffee or emeralds. 
3.4.2  Fees and charges 
3.20.  The provisions of Article 2.10 require each  Party to make available through the internet a 
current list of fees and charges it imposes with respect to exportation. Furthermore, this Article requires each Party, in accordance with Article VIII:1(a) of GATT 1994, to ensure that fees or charges imposed on or in connection with exportation are limited in amount to the approximate 
cost of services rendered and do not constitute an indirect protection or taxation for fiscal 
purposes. 
3.4.3  Export restrictions 
3.21.  Article 2.8 incorporates rules on export restrictions. It incorporates Article XI of GATT 1994 
a s  a n  i n t e g r a l  p a r t  o f  t h e  A g r e e m e n t ,  t h u s  n o  P a r t y  m a y  a d o p t  o r  m a i n t a i n  a n y  p r o h i b i t i o n  o r  
                                               
14 HS headings and sub-headings: 8407.31 through 8407.34 (engines), 8408.20 (diesel engines for 
vehicles), 84.09 (parts of engines) 87.01 through 87.05 (motor vehicles), 87.06 (chassis), 87.07 (bodies), and 
87.08 (motor vehicle parts). 
15 The provisions of Chapter 3 do not apply to thos e textile items listed in Annex 3-C, see Textiles 
section for more details. WT/REG314/1 
 
- 16 - 
 
  restriction on the exportation or sale for export of any good destined for the territory of the other 
Party. Article 2.8.2 goes further to proscribe that it is the Parties understanding that the provisions of Article XI of GATT 1994 prohibit the Parties from adopting or maintaining export price requirements, except as permitted in count ervailing and antidumping duty orders and 
undertakings, and voluntary export restraints inconsistent with Article VI of GATT 1994, as 
implemented under Article 18 of the SCM Agreemen t and Article 8.1 of the AD Agreement. In the 
case of a Party maintaining an export restriction on goods exported to a non-Party, the provisions 
of Article 2.8.4 allow conditions to be put in place to prevent re-exportation to a non-Party. 
3.22.  Annex 2.2 provides exceptions for both Parties with respect to the export restriction 
provisions of Article 2.8, including, for Colombia, for certain measures related to the export of coffee and, for the United States, for controls on the export of logs of all species. 
3.5  Regulatory provisions on trade in goods 
3.5.1  Standards 3.5.1.1  Sanitary and phytosanitary measures 
3.23.  The provisions on SPS are contained in Chapter 6 of the Agreement and contain three main 
elements: reaffirmation of the Party's rights and obligations under the WTO SPS Agreement, no recourse to dispute settlement under the Agreem ent for SPS matters, and the establishment of a 
Standing Committee on Sanitary and Phytosanitary Matters. The objectives of the Standing 
Committee are to enhance each Party's implementation of the WTO SPS Agreement; protect human, animal, or plant life or health; enhance consultation and co-operation between the Parties on SPS matters; and address measures affecting trade between the Parties. 
3.5.1.2  Technical barriers to trade 
3.24.  Similar to the provisions on SPS, Chapter 7, concerning TBT matters contains the Parties' 
reaffirmation of their rights and obligations under the TBT Agreement and establishes a Committee 
on Technical Barriers to Trade. However, the TB T provisions go further and establish rules on 
conformity assessment, technical regulations, trade facilitation, transparency, and information exchange. The Chapter on TBT provisions does not apply to SPS measures nor to technical 
specification prepared by government bodies  for their own production or consumption 
requirements. 
3.25.  The provisions on TBT trade facilitation en vision initiatives on co-operation on regulatory 
issues, such as convergence; alignment with international standards; reliance on a supplier's 
declaration of conformity, recognition and acce ptance of results of conformity assessment 
procedures, and the use of accreditation to qualify conformity assessment bodies.  
3.26.  On the issue of conformity assessment, the Parties recognize that a range of mechanisms 
exists to facilitate the acceptance of results of conformity assessment procedures in the territory of 
the other party and they agree to intensify thei r exchange of information on these and other 
similar mechanisms. When a Party accredits, approves, licences, or otherwise recognises 
conformity assessment bodies in the territory of the other Party, it will do so on terms no less 
favourable than those it accords to those bodies on its own territory. 
3.27.  The transparency provisions allow for the persons on each Party to participate in the 
development of its standards, technical regulati ons, and conformity assessment procedures on 
terms no less favourable than those accorded its own persons. Furthermore, in order to enhance 
awareness and transparency, when Parties make a noti fication under Articles 2.9, 3.2, 5.6, or 7.2 
of the WTO TBT Agreement, they will include addi tional information on the objective and rationale 
for the measure and simultaneously inform the other Party of its notification. WT/REG314/1 
 
- 17 - 
 
  3.5.2  Safeguard mechanisms 
3.5.2.1  Global safeguards 3.28.  The Agreement, in Article 8.6, provides th at each party retains its rights and obligations 
under Article XIX of GATT 1994 and under the WTO Safeguards Agreement. No other rights or 
obligations are conferred on the Parties except that a Party invoking a safeguard measure may 
exclude imports of the other Party if such imports are not a substantial cause of serious injury or threat thereof. Furthermore, a party cannot simultaneously apply a global safeguard measure and 
a bilateral safeguard meas ure on the same good. 
3.5.2.2  Bilateral safeguards 3.29.  Chapter 8 of the agreement provides for safeguard measures, and in particular a bilateral 
safeguard mechanism. The safeguard measure can only be applied during the transition period
16, if 
an originating good is being imported into the Party's territory in such increased quantities and 
under such conditions as to constitute a substantial cause of serious injury, or threat thereof. There are two options for the type of safeguar d remedy: a) suspension of the further rate 
reduction for the duty provided in the Agreement, or  b) increase the rate of duty to a level not to 
exceed the lesser of the either the MFN applied rate  of duty in effect at the time the measure is 
applied or in effect on the day preceding the entry into force of the Agreement. Similar to the WTO 
Safeguards Agreement, a safeguard measure under the Agreement cannot be applied against an 
originating good of another Party when the Party's share of imports in the importing Party does not exceed 3%. 
3.30.  There are certain rules or procedures to follow if a Party proceeds with the invocation of a 
safeguard measure. There is the requirement to notify and consult if a party initiates a safeguard 
proceeding, makes a finding of injury, or takes a decision to apply or extend a safeguard measure. The investigation for a safeguard measure must take place by the Party's competent authorities 
and in accordance with Articles 3 and 4.2(c) of the WTO Safeguards Agreement. The safeguard 
measure is also time limited. It may not be maintained a) beyond the transition period, b) for a p e r i o d  e x c e e d i n g  2  y e a r s ,  e x c e p t  t h a t  i t  m a y  b e  e x t e n d e d  f o r  u p  t o  t w o  y e a r s  u n d e r  c e r t a i n  
conditions, and c) if no longer necessary to prevent or remedy serious injury and facilitate 
adjustment. And finally, a Party that applies a safeguard measure must provide mutually agreed trade liberalizing compensation in the form of concessions having substantially equivalent trade effects. 
3.5.2.3  Textile safeguard measures 
3.31.  The textile safeguard mechanism (Article 3.1) allows for a safeguard to be put in place only 
during the transition period and only if the good is being imported into the territory in such 
increased quantities to cause serious damage, or actual threat thereof, to a domestic industry 
producing a like or directly competitive good. The safeguard to be applied is the lesser of the MFN applied duty in effect at the time the measure is applied, or the MFN applied rate in effect on the 
date of entry into force of the Agreement. Certain procedural aspects also apply, such as the 
investigation by a competent authority and written notice. A Party applying a safeguard measure may do so only for two years with a possible extension of one year, and a safeguard measure can only be applied once to the same good. Furthermor e, the Party must also provide compensation in 
the form of concessions offering subs tantially equivalent trade effects. 
3.5.2.4  Agricultural safeguard measures 3.32.  Article 2.18 provides for safeguard mechanism for certain agricultural products as listed for 
each Party in Annex 2.18. The safeguard can be applied when imports exceed a certain trigger 
level which is described as a per cent of the TRQ level. (Table 3.5 and Table 3.6). 
                                               
16 The transition period is the 10-year period beginning on the date of entry into force of the 
Agreement; except for any good outlined in the Schedule to Annex 2.3 that has a transition period to eliminate its tariff that is more than 10 years, than th e longer tariff elimination period would apply. WT/REG314/1 
 
- 18 - 
 
  3.33.  When a safeguard is applied, certain provisions apply. First, certain limits cannot be 
exceeded. The sum of the additional safeguard du ty and any other customs duty shall not exceed 
the lesser of: a) the base tariff provided in the schedule, b) the MFN rate in effect on the day 
preceding the Agreement's entry into force, c) the prevailing MFN rate, or d) the level of duty in 
subparagraph 2(c) of Appendix I to Colombia's schedule. Second, an agricultural safeguard cannot 
be applied at the same time as a global or bilateral safeguard. And finally, an agricultural safeguard can only be applied until the end of the calendar year in which it is imposed. Certain 
procedural aspects apply with respect to the agricultural safeguards as well. 
Table 3.5 Agricultural safeguards for Co lombia: products and trigger levels, and 
maximum duration of tariff increase 
Product  Tariff line Trigger 
Level Increase by max 
100%  75%  50% 
of the difference of applicable 
rates MFN 
rate 
2012 
Standard quality 
beef  02012000.B, 
02013000.B, 02022000.B, 02023000.B  140% of 
TRQ  2012-
2015 2016-2018 2019-
2020 80% 
Spent fowl 
(chickens)  02071100.A, 
02071200.A 130% of 
TRQ  2012-
2017 2018-2023 2024-
2028 45% 
Chicken leg 
quarters  02071300.A, 
02071400.A, 16023200.A  130% of 
TRQ  2012-
2017 2018-2023 2024-
2028 70-
164% 
Dried beans  07133190, 
07133290, 
07133391, 
07133392, 
07133399, 
07133991, 
07133992, 07133999  130% of 
TRQ  2012-
2014 2015-2017 2018-
2020 60% 
Rice 10061090, 
10062000, 10063000, 10064000 120% of 
TRQ  2012-
2017 2018-2023 2024-
2029 80% 
Source: United States Colombia Free Trade Agreement and information provided by the authorities.  
Table 3.6 Agricultural safeguards by the Unit ed States: products and trigger levels, and 
maximum duration of tariff increase 
Product  Tariff line Trigger 
Level Increase by max MFN rate 
2012 100%         75% 50% 
of the difference of applicable 
rates 
Beef 02011050, 02012080, 
02013080, 02021050, 02022080, 02023080   140% of 
TRQ  2012-2015 2016-2018 2019-2020 26.4% 
Source: United States Colombia Free Trade Agreement and information provided by the authorities. 
 
3.5.3  Anti-dumping and countervailing measures 
3.34.  Article 8 to Chapter 8 covers antidumping and countervailing measures. These provisions 
provide that each party retains its rights and obligations under the WTO Agreement, and no 
provision of the FTA, including the chapter on Di spute Settlement, shall be construed as imposing 
any rights or obligations on the Parties with respect antidumping or countervailing duty measures. 
3.5.4  Customs-related procedures 3.35.  Chapter 5 of the Agreement covers customs administration and trade facilitation. Some of 
the provisions of the Chapter expand upon Articles  V, VIII, and X of GATT 1994, some of which is 
now contained in the WTO Trade Facilitation Agreement. Article 5.1 covers publication, especially publication on the internet of customs laws, re gulations, and procedures. Articles 5.2 and 5.3 
cover the expedited release of goods through the use of automation or information technology. It 
is foreseen that the Parties would provide for the release of goods within a period no greater than WT/REG314/1 
 
- 19 - 
 
  that required to ensure compliance with its cust oms laws, and to the extent possible release goods 
within 48 hours of arrival. The expedition of cu stoms procedures is further strengthened through 
Article 5.7 which provides special procedures for express shipments. In the case of Colombia, Colombia was granted a two-year transition period, that is, by 15 May 2014, to apply the express 
shipment provisions. 
3.36.  The Chapter also provides for the establishment of risk management systems for customs 
clearance, advance rulings, and co-operation. The co-operation provisions are aimed at enhancing 
compliance, improving the operation of the Agreem ent, and facilitating trade. Procedural aspects 
of customs are included with provisions for review and appeal, confidentiality, and penalties.  
3.37.  Certain provisions of this Chapter will be gradually implemented for Colombia. There is a 
one-year implementation period after entry into force for provisions on the release of goods 
(Article 5.2); a two-year implementation period for publishing laws and regulations on the internet 
(Article 5.1.1), designating inquiry points and procedures (Article 5.1.2), and express shipments (Article 5.7); and a three-year implementation period for advance rulings (Article 5.10).
17 
3.5.5  Competition, designated monopolies and state enterprises 
3.38.  The objectives of Chapter 13 on compet ition policy, designated monopolies, and state 
enterprises are to proscribe certain conduct on these subjects to help secure the benefits of the 
Agreement. Article 13.2 on competition law and anticompetitive business conduct sets out that 
each Party shall adopt or maintain national laws on competition that proscribe anticompetitive business conduct and that they shall maintain th e authority responsible for the enforcement of 
their competition laws. With respect to enforc ement, additional provisions protect against 
discrimination and there are procedures for review, right to be heard, and to present evidence.  
3.39.  The provisions of Article 13.5 and 13.6 recognize the rights of the Parties to have 
designated monopolies and state enterprises, but also that they should not operate in a manner 
that creates obstacles to trade and investment. Thus, the Parties should ensure that such 
enterprises act in a way that is not inconsistent with the rights and obligations under the Agreement and that they provide non-discriminatory treatment.  
3.40.  Article 13.4 creates a working group to promote greater understanding, communication, and 
cooperation between the Parties with respect to ma tters covered by this Chapter. The Chapter also 
has provisions on transparency and information re quests, differences in pricing, and cooperation. 
To address specific matters that arise concerning  the issues of this Chapter, a provision on 
consultations is provided; the main provisions of this Chapter on competition law and 
anticompetitive business conduct, cooperation, co nsultations and working group are not subject to 
the dispute settlement procedures. 
3.6  Sector-specific provisions on trade in goods 
3.6.1  Agriculture 3.41.  Chapter 2, Section G, contains provisions specific to agriculture, as defined by the WTO 
Agreement on Agriculture, and additional provisions  are also found in each Party's Appendix I. The 
provisions on agriculture include TRQ administ ration, export subsides, export state trading 
enterprises, agricultural safeguard mechanism (discussed in Subsection 3.5.2), sugar compensation mechanism, consultations on chicken, and a committee on agricultural trade. 
3.6.1.1  TRQs 
3.42.  Each Party has specified its agricultural TRQ provisions in its Appendix I to the Schedules in 
Annex 2.3. For the United States, there are 8 quota categories (beef, butter, cheese, fluid milk and 
cream, ice cream, processed dairy products, sugar, and tobacco) and for Colombia there are 19 
(beef, variety meats, spent fowl, chicken leg quarters, milk powder, yogurt, butter, cheese, processed dairy products, ice cream, dried beans, yellow corn, white corn, sorghum, glucose, pet 
food, animal feeds, rice, and crude soybean oil. Any quantity of goods imported under a TRQ under 
                                               
17 Date as from date of entry into force of the Agreement. WT/REG314/1 
 
- 20 - 
 
  this Agreement will not be counted toward the in -quota amount of any tariff-rate quota provided 
elsewhere in its national tariff schedule. Appendix I for each party sets out the rates of duty and quantity limits by year. Annex 3, Tables A3.1 and A3.2, contain additional details on TRQs. 
3.43.  Article 2.15 covers TRQ administration and implementation. It reinforces applicable WTO 
provisions on this matter, in particular Ar ticle XIII of GATT 1994 and the Import Licensing 
Agreement. Furthermore, the Parties shall ensure that their procedures for administering TRQs are transparent, made available to the public, timely, non-discriminatory, responsive to market 
conditions, and minimally burdensome to trade. Certain aspects shall not be undertaken by the 
Parties with respect to TRQ administration: allocating any portion to a producer group, conditioning access on purchase of domestic production, limiting access only to processors, including food aid or non-commercial shipments in the TRQ quantity, and conditioning application 
for a TRQ on the re-export of an agricultural pr oduct. Furthermore, only government authorities 
are allowed to administer TRQs and each party shall make every effort to administer TRQs in a manner that allows importers to fully utilise them. 
3.6.1.2  Sugar mechanism 
3.44.  A special provision on sugar products is provided for in Article 2.19 which gives the United 
States the option to compensate Colombia's su gar exporters in lieu of providing duty-free 
treatment pursuant to the provisions of Appendix I. The compensation shall be equivalent to the 
estimated economic rents the exporters would have  obtained on the exports. The United States 
shall make a notification at least 90 days before it exercises this option and shall enter into consultations if necessary. 
3.6.1.3  Export subsidies 
3.45.  The provisions of Article 2.16 on export su bsidies for agricultural goods express the Party's 
objective for the multilateral elimination of expo rt subsidies under the WTO. Furthermore, export 
subsidies on agricultural goods destined for the territory of the other Party are prohibited under 
Article 2.16.2. An exception is provided in Article 2.16.3 in cases where a non-Party exports subsidized goods to a Party, and a Party may agree to adopt measures to counter the effect of the 
non-Party subsidized agricultural product. 
3.46.  With respect to export state trading enterprises, the Parties agree to work toward an 
agreement on export state trading enterprises in th e WTO that eliminates restrictions on the right 
to export, eliminates special financing granted to state trading enterprises that export significant 
shares of such goods, and ensures greater tran sparency regarding the operation and maintenance 
of export state trading enterprises. 
3.6.1.4  Other 
3.47.  Appendix I contains additional commitments for Colombia on agricultural products. There is 
a parity clause providing that equal tariff treatmen t be provided to the agricultural goods of the 
United States if Colombia provides lower duties pursuant to a preferential arrangement undertaken 
after February 2006. Furthermore, Colombia agr ees to not apply any price band system on 
agricultural goods from the United States. 
3.6.2  Textiles and Apparel 3.48.  Chapter 3 provides special provisions for textile and apparel articles. For the purposes of 
this Chapter, textiles and apparel are define d as those covered under the WTO Agreement on 
Textiles and Clothing, with the exception of those listed in Annex 3-C.
18 There are four main 
provisions of Chapter 3—the textile safeguard measure, customs cooperation and verification of 
origin; rules of origin, origin procedures, and related matter; and a committee on textile and 
apparel trade matters. The textile safeguard measures are discussion in Subsection 3.5.2.3, and the textile rules of origin are discussed in Section 3.3.  
                                               
18 Annex 3-C lists 15 6-digit HS catego ries of products, including some footwear, hat, straps, and belts. WT/REG314/1 
 
- 21 - 
 
  3.49.  Article 3.2 provides for cooperation between  the Parties on enforcement, circumvention, and 
ensuring the accuracy of claims of origin. For the purposes of cooperation, a Party may request the exporting Party to conduct a verification to determine the accuracy of a claim of origin, or that an exporter or producer is complying with applicable customs laws or regulations. A Party may 
request technical or other assistance when implementing this Article. Article 3.4 establishes a 
Committee on Textile and Apparel Trade Matters to consider any matter arising under this Chapter. 
4  PROVISIONS ON TRADE IN SERVICES AND INVESTMENT 
4.1  Scope and definitions 4.1.  The provisions for trade in services are mainly covered in Chapter 11, cross-border trade in 
services, however separate chapters exist for financial services (Chapter 12) and 
telecommunications (Chapter 14). Chapter 10 covers investment provisions, including 
investor-state dispute settlement (see Subsection 4.3.5). For purposes of the Agreement, cross-border trade in services covers the supply of a service: 
a. From the territory of one Party into the territory of another Party; 
b. In the territory of one Party by a person of that Party to a person of another Party; or 
c. By a national of a Party in the territory of another Party. 
4.2.  Furthermore, Article 11.1 clarifies that it covers the production, distribution, marketing, sale 
and delivery of a service; the purchase or  use of, or payment for a service; the  access to and use 
of distribution, transport, or telecommunications networks and services in connection with the supply of a service; the presence in its territory  of a service supplier of another Party; and the 
provision of a bond or other form of financial se curity as a condition for the supply of a service. 
4.3.  The provisions of Chapter 11 on cross-border trade in services do not apply to financial 
services (except as provided in Article 11.1.4(a )); government procurement; air services, except 
for specialty air services and aircraft repair and maintenance services when an aircraft is 
withdrawn from service; and subsidies or grants . With respect to subsides and grants, this 
exclusion does not exist in the GATS and is subj ect to an understanding between the Parties in 
Annex 11-A relating to cases where a fund is esta blished to promote development of a particular 
service. While Chapter 11 covers cross-border trade, there is comparability with the GATS, but on the other hand certain sectors are not directly comparable due to differences in scope, e.g. air transport services. 
4.4.  The provisions on cross-border trade in services covers measures adopted or maintained by 
central, regional, or local governments or authorities. It also covers non-governmental bodies if they have been delegated power from the gove rnment. The commitments on trade in services 
follows a "negative list" approach, in which certain sectors or measures are indicated in Annex I or 
II for each party as non-conforming, otherwise sectors or sub-sectors are presumed to be open to supply from persons of the other Party. 
4.2  Denial of benefits 
4.5.  Article 11.11 (services) and Article 10.12 (investment) cover denial of benefits. The 
provisions of denial of benefits for services and investments contain nearly identical text except that for investments, the denial of benefits covers not only the enterprise in question but also to 
its investments. A Party may deny benefits to an enterprise that is owned or controlled by persons 
of a non-Party, if the denying Party a) does not maintain diplomatic relations with the non-Party, or b) adopts or maintains measures with respect to the non-Party (including a person of a 
non-Party) that prohibit transactions or that would be violated or circumvented if the benefits were 
accorded. Furthermore, denial of benefits is also possible when an enterprise has no substantial business activities in the territory of the other Party and the enterprise is owned or controlled by a 
non-Party or of the denying Party. For services, this provision is subject to the consultation 
provision of Article 21.4.  WT/REG314/1 
 
- 22 - 
 
  4.3  General provisions on trade in services and investment 
4.6.  General provisions on trade in services are in Chapter 11. However, unlike GATS, which 
applies to government procurement except for national treatment, market access, and MFN provisions, the cross-border services trade Chap ter excludes completely government procurement 
from its scope (however the Agreement contains a separate chapter on government procurement 
which includes services). Article 11.8 provides transparency commitments that go beyond the 
general transparency provisions of Chapter 19  of the Agreement and Article III of GATS, for 
example, by requiring the parties to establish mechanism to respond to enquiries from any 
interested persons, address in writing the reasons for not providing advance notice to comment, allow reasonable time between publication and the effective date (to the extent possible), and by requiring parties to address in writing comments received on their draft regulations. 
4.7.  Chapter 10 on investment covers, in Section A, investment matters including MFN, national 
treatment, and non-conforming measure provisions, in Section B, investor-state dispute settlement, and Section C, Definitions. The Chap ter 10 provisions apply to measures adopted or 
maintained by a Party relating to investors of another Party, and covered investments.
19 An 
investment is defined as every asset that an investor owns or controls, which has the characteristics of an investment, including characteristics such as the commitment of capital or 
other resources, the expectation of gain or profit, or the assumption of risk. Forms that an 
investment may take include an enterprise; shar es, stock, and other forms of equity; bonds, 
debentures, and other debt; futures, options, and other derivatives; turnkey, construction, 
management, production, concession and revenue-sharing contracts; intellectual property rights; 
licenses, authorizations, permits, and similar rights; and other tangible or intangible, movable or 
immovable property and related property rights such as leases, mortgages, liens, and pledges. The provisions of the investment Chapter pertain to GATS mode 3 services. In case of inconsistency 
between Chapter 10 and any other Chapter, the other Chapter will prevail (Article 10.2).  
4.8.  Non-conforming measures have been schedu led for services and investment, pursuant to the 
provisions of Article 10.13 for investment, and Article 11.6 for cross-border services. For 
investment, non-conforming measures may appl y for national treatment, MFN, performance 
requirements, and senior management and board of directors; and for services, national treatment, MFN, market access, and local presence. The Parties have listed their non-conforming measures in their respective parts of Annex I, for existing non-conforming measures subject to 
standstill and ratchet provisions, or Annex II, for sectors, subsectors, or activities for which the 
Parties wish to maintain existing non-conforming measures, or adopt new or more restrictive non-conforming measures. 
4.3.1  Market access 
4.9.  Under Article 11.4, market access provisions provide that no Party may adopt or maintain 
certain limitations or other measures on the supply of a service. The five limitations in the 
Agreement are the same as the first five outlined in GATS Article XVI:2, however the last market 
access provision in GATS, i.e. limitations on the participation of foreign capital, is not part of Article 11.4. However, foreign equity participation, GATS Art. XVI.2(f), is achieved by Article 10.3 on national treatment in the investment chapter. 
4.3.2  National treatment and MFN 
4.10.  The provisions of national treatment for se rvices are outlined in Article 11.2 and state that 
each Party shall provide the service suppliers of the other Party treatment no less favorable than it 
accords, in like circumstances, to its own service suppliers. Furthermore, with respect to regional 
levels of government, a similar text is provided in which the treatment provided by a regional level of government shall be no less favorable than the most favorable treatment accorded, in like 
circumstances, by that regional level of government to service suppliers of the Party of which it 
forms a part. 
                                               
19 With respect to Articles 10.9 and 10.11, the Chapter applies to all investments in the territory of the 
Party. WT/REG314/1 
 
- 23 - 
 
  4.11.  Most-favored-nation treatment is provided for in Article 11.3 and states that each Party 
shall accord to service suppliers of another Party treatment no less favorable than it accords, in like circumstances, to service suppliers of any other Party or any non-Party. 
4.12.  With regard to investment, Articles 10.3 and 10.4 cover national treatment and MFN 
treatment, respectively. National treatment provisions provide that each Party accord 
investors/covered investments of the other Party treatment no less favorable than it accords its own investors/investments with respect to the establishment, acquisition, expansion, 
management, conduct, operation, and sale or other disposition of investments in its territory. 
Furthermore with respect to a regional level of government, treatment no less favorable than the most favorable treatment accorded, in like circumstances, by the regional level of government to investors/investments of the Party of which it forms a part. 
4.13.  Article 10.4 on MFN treatment provides that each Party shall accord investors/covered 
investments treatment no less favorable than that it accords, in like circumstance, to investors/investments of any other Party or non-Party with respect to the establishment, 
acquisition, expansion, management, conduct, operation, and sale or other disposition of 
investments. 
4.3.3  Local presence 
4.14.  Article 11.5 covers local presence, whereby no Party may require a service supplier of 
another Party to establish or maintain a representative office or any form of enterprise, or to be resident, in its territory as a condition of cross-border supply. 
4.3.4  Movement of natural persons 
4.15.  There are no specific articles on the movement of natural persons. However, Article 11.1:5, 
notes that Chapter 11 does not impose any obligation on the other Party with respect to a national of the other Party seeking access to its employment  market or employed on a permanent basis in 
its territory. There are no rights conferred on nationals with respect to that access or employment. 
Article 11.1:7 states that no provision of the Agreement shall be construed to impose any obligation on a Party regarding its immigration measures, including admission or conditions of 
admission for temporary entry. Furthermore, Annex 11-C allows Colombia to maintain or renew 
certain limitations on the employment of specialty personnel and professionals.  
4.16.  Data from U.S. authorities on the movement of persons between the United States and 
Colombia during 2012-14 is provided in Table 4.1. The data show that the visas issued for 
business visitors during the period remained relatively unchanged by rising slightly in 2013 then 
subsequently declining in 2014. 
Table 4.1 Visa Issuances and entries of Colomb ian Nationals to the US territory, by type 
of visa
 
Type of Visa FY2012 FY2013 FY2014 
Issuances  Entries  Issuances  Entries Issuances Entries  
B-1 Business Visitorsa 626 70,232 763 74,288 685 .. 
E-1 Treaty Traders (includes family 
members) 70 555 70 605 84 .. 
E-2 Treaty Investors (includes 
family members) 179 1,352 220 1,437 322 .. 
H-1B Persons in Specialty 
Occupations 904 5,724 787 5,261 714 .. 
H-2B Temporary or Seasonal Non-
Agricultural Workers 0 17 5 15 6 .. 
J Persons Participating in an 
Exchange Visitor Program 4,271 5,660 4,069 5,831 4,271 .. 
L Intracompany Transferees 417 3,299 392 3,708 430 .. 
O-1 Individuals with Extraordinary 
Ability or Achievement 110 789 144 882 136 .. 
O-2 Persons Accompanying 
Individuals with Extraordinary Ability or Achievement 47 176 67 190 34 .. 
P-1 Athletes and Members of 625 1,314 627 1,297 439 .. WT/REG314/1 
 
- 24 - 
 
  Type of Visa FY2012 FY2013 FY2014 
Issuances  Entries  Issuances  Entries Issuances Entries  
Entertainment Groups 
P-2 Artists and Entertainers 
Participating in a Reciprocal Exchange Program 0 19 0 26 0 .. 
P-3 Artists and Entertainers 
Participating in a Culturally Unique 
Program 144 161 29 40 14 .. 
Q-1 Participants in an International 
Cultural Exchange Program 0 .. 2 4 3 .. 
Total 7,393 89,298  7,175 93,584 7,138 .. 
a The majority of visas issued to Colombian bu siness visitors are combined B-1/B-2 (Business 
Visitor/Tourism) visas. The numbers of these comb ined B-1/B-2 visas issued to Colombian nationals 
were: 312,371 in fiscal year 2012: 440,902 in fiscal year 2013; and 436,769 in fiscal year 2014. 
.. Not Available. 
Source: National Authorities.   
4.3.5  Other provisions on Investment 
4.17.  Other provisions in Section A concern rules on minimum standard of treatment, treatment 
in case of strife, expropriation and compensation, transfers, investment and environment, denial of benefits, performance requirements, senior management and boards of directors, and special formalities and information requirements. 
4.18.  Section B on investor-state dispute settlement allows for consultation and negotiation 
between the claimant and the respondent in cases of an investment dispute. In the event that a 
dispute cannot be settled through consultation and negotiation, the section provides procedures 
for arbitration of the dispute. Arbitration can be instituted when there has been a claim of breach 
of obligation under Section A, breach of an invest ment authorization, or breach of an investment 
agreement, and a loss or damage has occurred by  reason of the breach. The provisions on 
arbitration allow for four alternative routes for arbitration--ICSID Convention and ICSID Rules of 
Procedures for Arbitration Proceedings, ICSID Additional Facility Rules, UNCITRAL Arbitration Rules, or under any other agreed arbitration rules or institution. However, recourse to ICSID processes is conditional on the partie(s) having a relationship with those conventions. Much of 
Section B is dedicated to the specific procedural aspects of the arbitration such as submission, 
conduct, and transparency of arbitration processes. 
4.4  Liberalization commitments 
4.4.1  United States 
4.19.  Under the Agreement, the United States listed 11 reservations (at the national level) for 
existing measures, of which two are horizontal (Annex I). It also included one horizontal 
reservation at the sub-federal level, under which it schedules an exception for all existing 
non-conforming measures of all states, the District  of Colombia and Puerto Rico. The United States 
also listed six reservations for sectors or activities in which current or future non-confirming measures may be maintained or adopted: two horizontal, three sector-specific (for 
communications, social services and maritime transportation services) and one non-sector specific 
reservation for minority affairs (Annex II).  
4.20.  As concerns horizontal measures, the United States has removed its GATS horizontal 
restriction (modes 1-3) concerning the imposition of differential treatment of excise taxes at the 
federal level under the Agreement. The United St ates retains an MFN exemption (as in GATS) on 
the use of small business registration forms under the Agreement (except for Canadian issuers). 
The United States also reserves the right to adop t or maintain any measure (with respect to cross-
border services and investment) that grants differential treatment to countries under an existing international agreement in force or signed prior to the date of entry into force of the Agreement, as well as under any future agreement involving aviation, fisheries or maritime matters, including 
salvage.  WT/REG314/1 
 
- 25 - 
 
  4.21.  Compared to its GATS schedule, the United States' sector-specific commitments are broader 
and deeper. For instance, commitments in business services, communication services, environmental services, financial services, health related and social services, tourism and travel related services, and transport services are broa der under the Agreement. Table 4.2 compares the 
degree of liberalization by sector in the Agreement with that in the U.S. GATS schedule.
20 
Reservations at the sub-federal level that are included in the U.S. GATS Schedule are indicated in the Table. In the case of the Agreement, this  is not possible as sub-federal non-conforming 
measures are not listed (as noted above, the United States schedules an exception for all existing 
non-conforming measures of all states, the District of Colombia and Puerto Rico).  
4.22.  For business services, which are subject to  few restrictions in its GATS schedule, the 
United States expands sectoral coverage. Under communication services, postal services, 
uncommitted in GATS, have been fully liberalized,  however to the extent they are supplied by 
government authorities, they are not covered by the provisions of Chapter 11. The United States 
retains its ownership limitations on radio licences, while limitations on ownership of television 
licences listed in the U.S. GATS schedule have been removed under the Agreement. The United 
States has scheduled an Annex II reservation with respect to MFN in the communications sector. In distribution services, the limitations on whol esale and retail trade of alcoholic beverages, 
firearms and military equipment in the United States' GATS schedule have been removed under 
the Agreement, thus liberalizing trade in this sector. Education and environmental services
21 are 
fully liberalized under the Agreement, as are the tourism and travel, and recreational, cultural, and sporting service sectors. Transport services are generally improved in the Agreement compared to 
the GATS, with improvements seen in maritime, ai r, space, rail, road, pipeline and other auxiliary 
transport services. 
Table 4.2 United States: Sector-specific liberalization under the Agreement at the 
national level, excluding mode 4
 
Sectors (CPC Classification) GATS FTA 
Sectoral 
commitments 
(except as 
indicated in the 
horizontal 
commitments) Compared to the 
GATS, sectoral 
commitments  
(except as 
indicated in the 
FTA horizontal 
reservations) in 
the FTA are: Sector-
specific 
reservations 
(or 
provisions) 
specified in: 
1. Business services  Partial Improved Annex I 
A. Professional Services  Partial * Improved  
B. Computer and Related Services  Full Same  
C. Research and Development Services  No commitments Full  
D. Real Estate Services   Partial * Same  
E. Rental/Leasing Servic es without Operators  Partial Full  
F. Other Business Services   Partial * Improved  
2. Communication services  Partial Improved Annex I and 
II 
A. Postal services   No  commitments Improved  
B. Courier services   Full Same  
C. Telecommunication services  Partial Same a  
D. Audiovisual services Partial Same  
E. Other  No commitments Full  
3. Construction and related engineering 
services  Full Same --- 
A. General construction work for buildings  Full Same  
B. General construction wo rk for civil engineering  Full Same  
C. Installation and assembly work  Full Same  
D. Building completion and finishing work  Full Same  
E. Other   Full Same  
4. Distribution services  Partial Improved --- 
A. Commission agents' services  Full Full  
B. Wholesale trade services   Partial Full  
C. Retailing services    Partial Full  
                                               
20 Bearing in mind the inherent difficulties in comparing commitments scheduled using a positive versus 
negative list approach. 
21 Certain education services may, however, be subject to the Annex II reservation for Social Services. WT/REG314/1 
 
- 26 - 
 
  Sectors (CPC Classification) GATS FTA 
Sectoral 
commitments 
(except as 
indicated in the 
horizontal 
commitments) Compared to the 
GATS, sectoral 
commitments  
(except as 
indicated in the 
FTA horizontal 
reservations) in 
the FTA are: Sector-
specific 
reservations 
(or 
provisions) 
specified in: 
D. Franchising    Full Same  
E. Other  No commitments Full  
5. Education services  Partial Full --- 
A. Primary education services  No commitments Full  
B. Secondary education services  No commitments Full  
C. Higher education services   No commitments Full  
D. Adult education   Partial * Full  
E. Other education services   Partial * Full  
6. Environmental services  Partial Full --- 
A. Sewage services   Partial Full  
B. Refuse dispos al services   Partial Full  
C. Sanitation and similar services  Partial Full  
D. Other Partial Full  
7. Financial services Partial Improved Annex III 
A. All insurance and insu rance-related services  Partial * Improved  
B. Banking and other financial services Partial * Improved b  
C. Other  No commitments Full  
8. Health related and social services Partial Full --- 
A. Hospital services Partial * Full  
B. Other Human Health Servic es  No commitments Full  
C. Social Services   No commitments Full  
D. Other No commitments Full  
9. Tourism and travel related services  Partial Full --- 
A. Hotels and restaurants (incl. catering)  Full Same  
B. Travel agencies and to ur operators services  Partial Full  
C. Tourist guides services   Partial Full  
D. Other  Full Same  
10. Recreational and cultural and sporting 
services Partial Full --- 
A. Entertainment services  Full Same  
B. News agency services   Full Same  
C. Libraries, archives, mu seums and other cultural 
services Full Same  
D. Sporting and other recreational services  Partial Full   
E. Other  No commitments Full  
11. Transport services  Partial Improved Annex I and 
II 
A. Maritime Transport Services  No commitments Improved  
B. Internal Waterways Transport  No commitments Same   
C. Air Transport Services  Partial Improved c  
D. Space Transport   No commitments Full  
E. Rail Transport Services  Partial * Full  
F. Road Transport Services Partial * Full  
G. Pipeline Transport  No commitments Improved  
H. Services auxiliary to all modes of transport  Partial  Improved  
I. Other Transport Services No commitments Full  
12. Other services not included el sewhere  No commitments Full --- 
* Sub-federal level commitments under the GATS are not taken in consideration for this comparison. 
a It is noted that the reservation pertaining to sa tellite transmission of direct-to-home and direct 
broadcasting satellite television services and digital audio services ar e generally covered as 
audiovisual services under the GATS. However, as the Parties have indicated these as communications services, they are thus covered as such for the purposes of this table. 
b Due to the differences in approach, i.e. negative versus positive list, an exact comparison is not 
possible. 
c The improvement in air transport services is in  aircraft repair and maintenance services. Other 
aspects of air transport services cannot be compar ed due to differences in scope between the GATS 
and the Agreement. 
[ ] Pending clarification from the Parties. WT/REG314/1 
 
- 27 - 
 
  4.4.2  Colombia 
4.23.  Colombia has listed 27 non-conforming measures in its Annex I, four of these relate to all 
sectors while 22 concern a variety of specific sectors, mostly having restrictions on cross-border trade. Fourteen different measures are listed by Colombia in its Annex II, including nine involving 
all sectors or cross-sectoral issues, and five relating to sector specific reservations (social services, 
audiovisual/advertising services, audio/video services, road and river transport, and professional services).  
4.24.  While Colombia has improved liberalization under the FTA compared to its GATS 
commitments, there are a number of reservations for horizontal measures, sector-specific, and non-sector specific reservations for existing or future measures, as well as a general reservation 
that covers many sectors. This latter reservation, which has a GATS floor, allows Colombia to 
adopt or maintain any market access measure on investigation and security services; research and 
development services; services incidental to ener gy distribution; distribution, wholesale and retail 
service in sectors in which the government establishes a monopoly; education services; 
environmental services for a public purpose; he alth related and social services; professional 
services related to health; libraries, archives and museums; sporting and other recreational services; and transportation services (Annex II). 
4.25.  Colombia's horizontal commitments are generally broader compared to GATS although a 
number of restrictions remain. Under the Agreement, a judicial person, in order to obtain a concession from the Colombian government must establish a branch or other judicial form in Colombia; foreign investors may only make portfolio investments in securities in Colombia through 
a foreign capital investment fund; the sale of an interest in an existing State enterprise or 
governmental entity is also restricted; the director of a newspaper published in Colombia and focussing on Colombian politics must be a Colombian national; and the supply of services in the 
free port of San Andres, Providencia and Santa Catalina is reserved for persons with their main 
office in that region. In addition, the GATS reservations prohibiting foreign investment in waste disposal services and the acquisition by foreigners of land are maintained. Colombia reserves the 
right to adopt any measure for reasons of public order and reserves the right to adopt or maintain 
any measure that grants differential treatment to countries under an existing international agreement, as well as to countries under any curr ent or future international agreement involving 
aviation, fisheries and maritime matters, including salvage. 
4.26.  Colombia also has a number of reservations related to its heritage; these include issues 
related to minorities and ethnic groups, cultural  industries and activities, jewellery design, 
performing arts, music, visual arts, publishing, traditional expressions, and handicraft industries. 
These are generally cross-cutting issues covering cross border trade and investment restrictions 
and appear to not have a GATS equivalent. 
4.27.  Table 4.3 provides an overview of the liber alization by sector, as compared to Colombia's 
GATS commitments. In general, many sectors sh ow improvements over the GATS commitments, 
i.e. business, communication, construction, distri bution, environmental, financial, tourism, and 
transport services. For construction and engineerin g services, which are restricted under the GATS, 
are more liberalized. There are still some restrictions with respect to accounting services, but 
business services are also more liberalized. However, this is subject to a reservation on reciprocity, 
in which Colombia can restrict access if the relevant jurisdiction in the United States does not provide equivalent treatment. Distribution servic es are partially liberalized. In communication 
services, courier and other communication services, uncommitted under Colombia's GATS 
schedule, were liberalized. Postal services are subj ect to the requirement that only judicial persons 
organized under Colombian law may conduct these services. A number of sub-sectors in the 
recreational, cultural, and sporting sector; the education sector; and sub-sectors of transportation 
remain without commitments under the Agreement, like under GATS. WT/REG314/1 
 
- 28 - 
 
  Table 4.3 Colombia: Sector-specific liberaliz ation under the Agreement at the national 
level, excluding mode 4  
Sectors (CPC Classification) GATS FTA 
Sectoral 
commitments 
(except as 
indicated in the 
horizontal 
commitments) Compared to 
the GATS, 
sectoral 
commitments  
(except as 
indicated in the 
FTA horizontal 
reservations) in 
the FTA are: Sector-specific 
reservations  
(or provisions) 
specified in: 
1. Business services  Partial Improved Annex I and II 
A. Professional Services  Partial Improved  
B. Computer and Related Services  Partial Improved  
C. Research and Development Services  No commitments Improved  
D. Real Estate Services   No commitments Improved  
E. Rental/Leasing Servic es without Operators  Partial Improved  
F. Other Business Services   Partial Improved  
2. Communication services  Partial Improved Annex I and II 
A. Postal services   No  commitments Improved  
B. Courier services   No commitments Improved  
C. Telecommunication services  Partial Improved  
D. Audiovisual services No commitments Improved  
E. Other  No commitments Improved  
3. Construction and related engineering 
services  Partial Full  
A. General construction work for buildings  Partial Full  
B. General construction wo rk for civil engineering  Partial Full  
C. Installation and assembly work  Partial Full   
D. Building completion and finishing work  No commitments Full  
E. Other   Partial Full   
4. Distribution services  No commitments Improved Annex II 
A. Commission agents' services  No commitments Improved  
B. Wholesale trade services   No commitments Improved  
C. Retailing services    No commitments Improved  
D. Franchising    No commitments Improved  
E. Other  No commitments Improved  
5. Education services  No commitments Improved Annex II 
A. Primary education services  No commitments Same  
B. Secondary education services  No commitments Same  
C. Higher education services   No commitments Improved  
D. Adult education   No commitments Full  
E. Other education services   No commitments Full  
6. Environmental services  No commitments Improved Annex I and II 
A. Sewage services   No  commitments Improved  
B. Refuse dispos al services   No commitments Improved  
C. Sanitation and similar services  No commitments Improved  
D. Other No commitments Improved  
7. Financial services Partial Improved Annex III 
A. All insurance and insu rance-related services  Partial Improved  
B. Banking and other financial services Partial Improved  
C. Other  No commitments Improved  
8. Health related and social services No commitments Same Annex I and II 
A. Hospital services No commitments Same  
B. Other Human Health Servic es  No commitments Same  
C. Social Services   No commitments Same  
D. Other No commitments Same  
9. Tourism and travel related services  Partial Improved Annex I 
A. Hotels and restaurants (incl.  catering)  Partial Improved  
B. Travel agencies and to ur operators services  Partial Same  
C. Tourist guides services   No commitments Improved  
D. Other  No commitments Improved  
10. Recreational and cultural and sporting 
services No commitments Improved Annex I and II 
A. Entertainment services  No commitments Improved  
B. News agency services   No commitments Improved  WT/REG314/1 
 
- 29 - 
 
  Sectors (CPC Classification) GATS FTA 
Sectoral 
commitments 
(except as 
indicated in the 
horizontal 
commitments) Compared to 
the GATS, 
sectoral 
commitments  
(except as 
indicated in the 
FTA horizontal 
reservations) in 
the FTA are: Sector-specific 
reservations  
(or provisions) 
specified in: 
C. Libraries, archives, museums and other 
cultural services No commitments Same  
D. Sporting and other recreational services  No commitments Same  
E. Other  No commitments Same  
11. Transport services  No comm itments Improved Annex I and II 
A. Maritime Transport Services  No commitments Improved  
B. Internal Waterways Transpor t  No commitments Improved  
C. Air Transport Services  No commitments Improved  
D. Space Transport   No commitments Improved  
E. Rail Transport Services  No commitments Improved  
F. Road Transport Services No commitments Improved  
G. Pipeline Transport  No commitments Full  
H. Services auxiliary to all modes of transport  No commitments Improved  
I. Other Transport Services No commitments Full  
12. Other services not included  elsewhere  No commitments  Improved  
 
4.5  Regulatory provisions  
4.5.1  Domestic regulation 
4.28.  Article 11.7 is concerned with domestic regu lation. The provisions on this subject are similar 
to the GATS provisions (Article VI:3) and prov ide that the Party's competent authorities shall 
consider authorization for the supply of a service within a reasonable time and provide information 
concerning the status of the application. The meas ures on domestic regulation are not applicable 
to the non-conforming measures listed in the Annex II schedules. The Agreement makes provision 
for its future amendment should the negotiations on Article VI:4 of the GATS enter into effect, as 
well as any similar results undertaken in any other multilateral fora. However, unlike GATS 
Article VI.5, the Agreement does not provide fo r a nullification or impairment provision. 
4.29.  The domestic regulation provisions also recognize that qualifications and other requirements 
should not constitute unnecessary barriers to trade, as per GATS Article VI:4, and shall endeavor 
to ensure that the measures are based on objective and transparent criteria, not more 
burdensome than necessary, and are not in themselv es a restriction of the supply of the service. 
4.5.2  Recognition 
4.30.  The provisions on recognition in Article 11.9 largely mirror the GATS provisions as contained 
in GATS Article VII:1-3. Article 11.9:1 concerns itself with recognition (education, experience, requirements, licenses, or certifications) which may be achieved through harmonization or 
otherwise, and based on agreement, arrangement, or accorded autonomously. Article 11.9:3 is 
concerned with providing adequate opportunity for the other Party to also enter into such a recognition agreement, arrangement, or autonomous recognition process. The provisions of Article 11.9:4 prevent discrimination or disguised restrictions in recognition, i.e. recognition should 
not be accorded in a manner that would constitute discrimination between countries in the 
application of its standards or criteria for the authorization, licensing, or certification of services suppliers. Additionally, Article 11.9:2 does not allow automatic MFN application of recognition 
when a Party has accorded such recognition to a non-Party. See section on professional services 
for additional commitments regarding recognition. 
4.5.3  Subsidies 
4.31.  Pursuant to paragraph 4(d) of Article 11.1, provisions on cross-border trade in services do 
not apply to subsidies or grants provided by a Party including government supported loans, guarantees and insurance. WT/REG314/1 
 
- 30 - 
 
  4.5.4  Safeguards 
4.32.  There are no provisions on safeguards in trade in services in the Agreement. 4.6  Commitments in Selected Sectors 4.33.  The following services sectors appear as separate Chapters or Annexes to Chapters and 
provide additional obligations that go beyond the general services provisions of the Agreement. In 
addition, they may also be subject to non-conforming measures (see Section 4.4), although financial services has its own list of non-conforming measures (see Financial services, non-
conforming measures below). 
4.6.1  Financial Services 4.34.  Chapter 12 on financial services specifically covers financial institutions, investors and 
investments in financial institutions, and cross-border trade in financial services. Because of the 
overlap with services and investment, certain aspects of those chapters (Chapters 10 and 11) are 
incorporated directly into the financial services chapter, or partially incorporated dependent upon certain conditions being met. The provisions of Chapter 12 cover core obligations of the GATS, 
i.e. national treatment, market access, MFN; and contain both positive and a negative list 
approaches to specific sectors or sub-sectors. In addition, the Chapter covers commitments on transparency and administration, self-regulatory organizations, payment and clearing systems, 
new financial services, expedited availability of insurance services, and certain exceptions. A 
financial services committee is also established pursuant to Article 12.16. Articles 12.17, 12.18, and 12.19 are concerned with consultation and dispute settlement, including investment disputes. These provisions outline the relationship to other Chapters, in particular Chapter 21 (Dispute 
Settlement) and Chapter 10 (Investment), and the spec ific provisions or procedures that apply in 
the case of financial services when a dispute is invoked. The Chapter does not apply to measures adopted or maintained by a Party with respect to activities or services forming part of a public 
retirement plan or statutory system of social se curity. Annex 12.1.3(a) further elaborates on the 
understanding of the Parties with respect to public retirement plan/social security.  
4.6.1.1  Cross-border trade in financial services 
4.35.  Article 12.5 and its Annex provide commitments to permit persons located in its territory, 
and its nationals wherever located, to purchase financial services from cross-border financial service suppliers of the other Party located in the territory of the other Party, and also to permit, 
under terms and conditions that accord national tr eatment, cross-border financial service suppliers 
of the other Party to supply certain services. These services are specified in Annex 12.5.1.  
4.36.  For insurance and insurance-related services, cross-border supply includes insurance of 
risks relating to maritime shipping, commercial av iation, space launching and freight, and goods in 
international transit; reinsurance and retrocession; and insurance intermediation. Colombia's 
commitments to insurance risks and brokerage of su ch insurance risks shall be from effective four 
years after the entry into force of the Agreement or when it has adopted the necessary 
modifications to its legislation, whichever come s first. Under GATS, Colombia has cross-border 
supply unbound, except for insurance related to foreign trade operations, exclusively for external journeys, i.e. those which begin or end in a Colombian port. 
4.37.  For banking and other non-insurance financial services, the commitments cover the transfer 
of financial information, financial data processing and related software, and advisory and other 
auxiliary financial services, excluding intermediation.
22  
4.6.1.2  Specific Financ ial Services Commitments 
4.38.  Article 12.15 and its Annex provide for additional specific commitments on financial 
services. For the United States, specific commit ments are undertaken with respect to portfolio 
                                               
22 Credit reference analysis is also specifically excluded for Colombia. However, if Colombia allows credit 
reference and analysis to be suppli ed by cross-border financial suppliers after the date of entry of the 
Agreement, it shall accord national treatment to cross- border financial service supp liers of the other Party. WT/REG314/1 
 
- 31 - 
 
  management and insurance company branches. A financial institution outside US territory is 
allowed to provide investment advice and portfolio management23 services to a collective 
investment scheme in the United States, subject to the provisions of Articles 12.1 and 12.5.3. With 
respect to insurance company branches, the United States commits to work with the National 
Association of Insurance Commissioners in its review of certain states that do not allow initial entry 
of a non-U.S. insurance company as a branch to de termine if entry could be provided in the future. 
4.39.  Colombia has also undertaken specific commitments on portfolio management and 
insurance company branches, as well as for bank branches. The commitments for portfolio 
management are identical to those of the United States with the additional provision that this commitment becomes effective not later than four years after the entry into force of the Agreement. With respect to insurance branches, Colombia will allow insurance branches of the 
other Party to establish in its territory, no later than four years after the entry into force of the 
Agreement. As for the establishment of bank branches, a similar commitment is undertaken, with certain conditions such as capital assignment requirements and bank branch regulations being 
applicable. The Parties undertake positive commitments on cross-border consumption of insurance 
and insurance-related services and for the management of pension funds. 
4.6.1.3  Non-conforming measures  
4.40.  As with the other service sectors, the Agreement provides for the exclusion of certain 
sectors or sub-sectors of financial services for each Party in III. Certain restrictions on national treatment, MFN, market access, cr oss-border trade, or senior management and board of directors 
may apply to certain financial sectors at the central, regional, or local levels of government. The 
provisions on non-conforming measures apply to any existing non-conforming measure that is 
maintained by a Party; the continuation or prompt renewal of an existing non-conforming measure; and an amendment of an existing non-conforming measure. 
4.41.  The United States has fourteen such non-conforming measures listed for banking and other 
financial services and four for insurance (Table 4.4); and Colombia has four non-conforming measures for banking and other financial services, two for insurance, and one for all financial 
services (Table 4.5). 
Table 4.4 Non-conforming measures with re gard to financial services listed by the 
United States in Annex III
 
Sub-Sector Obligations Description 
Banking and other 
financial services (excluding insurance) SMBD All directors of a national bank must be U.S. citizens, except that the 
Comptroller of the Currency may waive the citizenship requirement for not more than a minority of the total number of directors. 
Banking and other 
financial services 
(excluding insurance) NT/MA Foreign ownership of Edge corporat ions is limited to foreign banks 
and U.S. subsidiaries of foreign banks, while domestic non-bank 
firms may own such corporations. 
Banking and other 
financial services (excluding insurance) NT/MA Federal and state laws do not perm it a credit union, savings bank, or 
savings association (both of the latter two entities may also be called thrift institutions) in the United States to be established through 
branches of corporations organize d under a foreign country's law. 
Banking and other 
financial services 
(excluding insurance) NT/MA In order to accept or maintain do mestic retail deposits of less than 
$100,000, a foreign bank must establish an insured banking 
subsidiary. This requirement does no t apply to a foreign bank branch 
that was engaged in insured deposi t-taking activities on December 
19, 1991. 
Banking and other 
financial services (excluding insurance) NT Foreign banks are required to regi ster as investment advisers under 
the Investment Advisers Act of 1940 to engage in securities advisory and investment management servic es in the United States, while 
domestic banks (or a separately identifiable department or division of the bank ) do not have to register unless 
they advise registered investment companies. The registration requirement involves reco rd maintenance, inspections, submission of 
reports and payment of a fee. 
                                               
23 Certain exclusions apply, i.e. custodial services, trustee services, and execution services. WT/REG314/1 
 
- 32 - 
 
  Sub-Sector Obligations Description 
Banking and other 
financial services 
(excluding insurance) NT Foreign banks cannot be members of the Federal Reserve System 
and, thus, may not vote for directors of a Federal Reserve Bank. 
Foreign-owned bank subsidiaries ar e not subject to this measure. 
Banking and other 
financial services (excluding insurance) MA The United States undertakes no commitment with respect to Article 
12.4(b) in relation to the expansion, via the establishment of a branch or the acquisition of one or more branches of a bank without acquisition of the entire bank, by a foreign bank into another state 
from its "home state," as that term is defined under applicable law. 
Except as provided elsewhere in this Schedule, such expansion shall be accorded on a national treatment basis in accordance with headnote 2(a). 
Banking and other 
financial services 
(excluding insurance) MA Interstate expansion by a foreign bank through the establishment of 
branches by merger with a bank located outside the "home state," 
as that term is defined under applic able law, of a foreign bank shall 
be accorded on a national treatment basis in accordance with 
headnote 2(a), except as provided elsewhere in this Schedule. 
Banking and other 
financial services (excluding insurance) NT/MA Establishment of a federal branch or agency by a foreign bank is not 
available in the following states that may prohibit establishment of a branch or agency by a foreign ba nk: a) Branches and agencies may 
be prohibited in Alabama, Kansas, Maryland, North Dakota, and Wyoming; b) Branches, but not ag encies, may be prohibited in 
Delaware, Florida, Georgia, Idaho, Louisiana, Mississippi, Missouri, 
Oklahoma, Texas, and West Virginia. Certain restrictio ns on fiduciary 
powers apply to federal agencies. 
Banking and other 
financial services 
(excluding insurance) MFN/MA The authority to act as a sole tr ustee of an indenture for a bond 
offering in the United States is  subject to a reciprocity test. 
Banking and other 
financial services (excluding insurance) MFN/MA Designation as a primary dealer in U.S. government debt securities 
is conditioned on reciprocity. 
Banking and other 
financial services 
(excluding insurance) MFN A broker-dealer registered under U.S.  law that has its principal place 
of business in Canada may maintain  its required reserves in a bank 
in Canada subject to the supervision of Canada. 
Banking and other 
financial services (excluding insurance) NT The United States may grant advantages, including but not limited to 
the following, to one or more of the Government-Sponsored 
Enterprises (GSEs) listed above: a) capital, reserves, and income of the GSE are exempt from certain 
taxation; b) securities issued by the GSE are exempt from 
registration and periodic report ing requirements under federal 
securities laws; c) the U.S. Treasury  may, in its discretion, purchase 
obligations issued by the GSE. 
Banking and other 
financial services 
(excluding insurance) NT/MFN/MA/S
MBD All existing non-conforming measures  of all states, the District of 
Columbia, and Puerto Rico. 
Insurance CB/NT Branches of foreign in surance companies are not permitted to 
provide surety bonds for U. S. Government contracts. 
Insurance CB/NT When more than 50 % of the value of a maritime vessel the hull of 
which was built under federally guaranteed mortgage funds is 
insured by a non-US insurer, the insured must demonstrate that the 
risk was first substantially offered in the U.S. market. 
Insurance NT/MFN/CB/S
MBD All existing non-conforming measures  of all states, the District of 
Columbia, and Puerto Rico. 
Insurance MA The United States reserves the right to adopt or maintain any 
measure that is not inconsistent with the United States' obligations 
under Article XVI of the GATS. 
Note: CB: Cross-border trade restriction; MA: Market access for financial institutions restriction; 
MFN: Restriction to MFN treatment; NT: National treatment restriction; SMBD: Restrictions affecting senior management and boards of directors. 
Source: The Free Trade Agreement between th e United States and Colombia, Annex III.  WT/REG314/1 
 
- 33 - 
 
  Table 4.5 Non-conforming measur es with regard to financial services listed by Colombia 
in Annex III  
Sector Obligations Description 
Banking and other 
financial services 
(excluding insurance) MA At least every 12 months during the five years after its establishment, 
a Sociedad Administradora de Fondos de Pensiones and a Sociedad 
Administradora de Fondos de  Pensiones y de Cesantía must offer 
shares of its capital stock to entities  of the social solidarity sector2 and 
to participants in and beneficiaries of  the public social security system 
(Régimen de Ahorro Indi vidual con Solidaridad ) so that they may 
subscribe to a total of at least 20%  of its capital stock. The same 
requirement applies with regard to increases in capital, but only with regard to the increase.  
Banking and other 
financial services 
(excluding 
insurance) NT/MA The sums of money subject to court or police order, including 
cauciones ,3 and funds consigned under le ases must be deposited in 
the Banco Agrario de Colombia. S.A. , which may derive a competitive 
advantage with respect to its overall operations from all or some 
portion of that exclusive right.  
Banking and other 
financial services (excluding insurance) NT Colombia may grant advantages or exclusive rights to the following 
financial entities: Fondo para el Financiamiento del Sector 
Agropecuario (FINAGRO) ; Banco Agrario de Colombia;Fondo Nacional 
de Garantías; Financiera Eléctrica Nacional (FEN);Financiera de Desarrollo Territorial (FINDETER);Fiduciaria La Previsora; Instituto Colombiano de Crédito Educativo y Estudios Técnicos en el Exterior (ICETEX);Banco de Comercio Exteri or (BANCOLDEX);Fondo Financiero 
de Proyectos de Desarrollo (FONADE). The advantages or exclusive 
rights may include, but are not limited to, the following: exemption from certain taxation;  
exemption from registration and peri odic reporting re quirements under 
federal securities laws; purchase by the government of Colombia, 
through any public entity of Colombia, of obligations issued by the entities listed above.  
Banking and other 
financial services 
(excluding 
insurance) MA The number of primary dealers in the debt securities of Colombia is 
limited to a certain number of fi nancial institutions, which can be 
varied from time to time.  
Insurance and 
insurance-related services MA The obligations of Colombia under Article 12.5.2 are limited to the 
provisions of Colombia's Annex 12.15(D). 
Insurance and 
insurance-related 
services NT A foreign national who has resided in Colombia for less than one year 
may not supply services in Colombia as an insurance agent.  
All MA Colombia reserves the right to adopt or maintain any measure 
requiring that financial institutions of another Party be constituted under the laws of Colombia.5 Th erefore, market access through 
branching is not permitted. This restriction is modified with respect to bank branches and insurance branches as provided in Colombia's Annex 12.15(B) and (C). 
Note: CB: Cross-border trade restriction; MA: Mark et access restriction; MFN: Restriction to MFN 
treatment; NT: National treatment restriction. 
Source: The Free Trade Agreement between th e United States and Colombia, Annex III. 
4.6.2  Telecommunications 
4.42.  Chapter 14 on telecommunications services applies to measures relating to access to and 
use of public communication services; measure relating to obligations of suppliers of public 
telecommunications services; other measures relati ng to public telecommunications networks or 
services; and measures relating to the supply of information services. Main provisions of the Chapter concern access to and use of public communication services, obligations relating to 
suppliers of public telecommunications services, and additional obligations for major suppliers of 
public telecommunications services. Major suppliers of public telecommunication services are defined as a supplier that has the ability to materially affect the terms of participation in the 
relevant market as a result of control over essentia l facilities or use of its position in the market. 
4.43.  The Party's shall ensure that enterprises of the other Party have access to and use of any 
public telecommunications service, including leased circuits, offered in its territory or across its WT/REG314/1 
 
- 34 - 
 
  borders, on reasonable and non-discriminatory terms and conditions. This provision of access is 
further clarified to ensure certain permitted access in certain areas, allow for security and confidentiality measures, and for the protection of privacy.  
4.44.  Obligations on all suppliers of public telecommunication services include provisions on 
interconnection, resale, number portability, and dialing parity. Additional obligations for major 
suppliers
24 include competitive safeguards, unbundling of network elements, co-location, 
provisioning and pricing of leased circuits servic es, access to poles, ducts, conduits, and rights-of-
way, and additional commitments on resale and interconnection. 
4.45.  Additional telecommunications provisions of Chapter 14 include commitments on submarine 
cable systems, conditions of supply of informat ion services, independent regularly bodies and 
government-owned telecommunications suppliers, universal service, licenses and other 
authorizations, allocation and use of scarce resources, enforcement, transparency, forbearance, 
flexibility in the choice of technologies, and resolution of telecommunications disputes. 
4.46.  The Chapter does not apply to measures that a Party adopts or maintains with respect to 
broadcast or cable distribution of radio or television programming, except to ensure that they have 
continued access to public telecommunications services. Furthermore, the provisions of Annex 14-A allow for the exemption of rural telephone suppliers for both the United States and 
Colombia under certain conditions. 
4.6.3  Express Delivery Services 4.47.  The Agreement contains, in Annex 11-D, specific provisions on express delivery services 
that are defined as the collection, transport, and delivery of documents, printed matter, parcels, 
goods, or other items on an expedited basis while tracking and maintaining control of these items 
throughout the supply of the service; however, they  do not include air transport services, services 
in the exercise of governmental authority, or maritime transport services.  
4.48.  The Parties agree to maintain at least the level market access for express delivery services 
provided on the date the Agreement was signed. Th ere are additional commitments that apply if a 
Party has a monopoly supplier of postal services. The provisions aim to prevent monopoly postal 
suppliers giving an advantage to their own or affiliated companies' express delivery suppliers 
through flow of revenues, and insure that monopoly  suppliers of postal services do not abuse their 
monopoly positions in violation of certain obligations under the Agreement or with respect to Article VIII of GATS. 
4.49.  An additional two provisions relate specifically to Colombia-- it is prohibited to use certain 
revenues to subsidise the supply express delivery services by the Government or a state enterprise; and if Colombia provides for the supply of universal postal services through a 
government entity, state enterprise, or by concession, it shall also provide for an independent 
authority to regulate the entity and services prov ided by the entity in competition with private 
suppliers. Colombia did not underta ke any commitments under GATS for postal or courier services. 
4.6.4  Professional services 
4.50.  Annex 11-B of Chapter 11 contains addition al provisions, beyond those of recognition of 
Article 11.9, for the licensing or certification of professional service suppliers. The Annex provides for the creation of a working group on profession al services that will, in particular, consider 
procedures for the development of mutual recogn ition arrangements among relevant professional 
bodies, consider the feasibility of developing mo del procedures for the licensing of professional 
service suppliers, and consider establishing a work program, in conjunction with relevant 
professional bodies, to develop procedures for the temporary licensing of engineers. 
                                               
24 Certain provisions of Article 14. 4 for major suppliers do not apply to major suppliers of commercial 
mobile services. WT/REG314/1 
 
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  5  GENERAL PROVISIONS OF THE AGREEMENT 
5.1  Transparency and Anti-Corruption 5.1.  The main transparency provisions are provid ed for in Chapter 19 of the Agreement, although 
many other chapters contain transparency or disclosure provisions in respect of specific trade 
issues. Chapter 19, Section A, on transparency provides for contact points to facilitate 
communication between the Parties; requires publication of laws, regulation, procedures, and administrative rulings on matters covered by the Agreement; provides for notification and 
provision of information; outlines criteria with respect to administrative procedures; and 
establishes administrative or judicial tribunals for the review or appeal of matters covered under the Agreement. Section B, on Anti-corruption matters, provides for the commitment to prevent and combat corruption, including bribery, in international trade and investment. The Parties agree 
to cooperate in international fora to combat corruption.  
5.2  Exceptions 5.2.  For the Chapters relating to trade in goods (Chapters 2 through 7) the WTO provisions of 
Article XX of GATT 1994 and its interpretive notes ar e made an integral part of the Agreement. A 
parallel situation exists for Chapters relating to services (Chapters 11, 14, and 15), in that Article XIV of the GATS is incorporated and made an integral part of the Agreement. Chapter 22, 
on exceptions, also provides exceptions for essent ial security, taxation measures, and disclosure of 
certain confidential business information. 
5.3  Accession and withdrawal 5.3.  Article 23.5 of the Agreement provides for th e accession of any country or group of countries, 
including, in particular, Latin American countries. Accession is subject to terms and conditions to 
be agreed between the acceding country(ies) and th e Parties, and follows approval in accordance 
with the legal requirements of the country(ies) and Parties. The Agreement may be terminated by 
either party by written notification (Article 23. 4), and the termination would become effective 6 
months after the date of notification. 
5.4  Institutional framework 
5.4.  Chapter 20 of the Agreement covers admini stration of the Agreement and trade capacity 
building. The main institutional arrangement is the establishment of a Free Trade Commission, comprising cabinet-level representatives of the Parties (or their designees). The Commission has general oversight and supervision of the Agreem ent and committees, councils and working groups, 
as well as having a role in solving disputes, and establishing remuneration and expenses for 
panellists. Article 20.2 establishes a free trade agreement coordinator for each Party to work jointly to develop agendas and make other preparations for Commission meetings and decisions. 
There are also Committees or working groups established under various chapters that form part of 
the overall institutional framework. 
5.5.  Section B of Chapter 20 establishes a Committee on Trade Capacity Building to seek the 
prioritization of trade capacity building projects, invite appropriate outside entities in the 
development and implementation of trade capaci ty building projects, work with committees or 
working groups in support of the development and implementation of trade capacity building 
projects, monitor and assess progress, and to report annually to the Commission. 
5.5  Dispute settlement 
5.6.  Chapter 21 of the Agreement concerns the procedures, scope, forum, and institutional 
arrangements for the settlement of disputes. The Parties shall make every attempt through co-
operation, consultation, and other means to arrive at  a mutually satisfactory resolution to agree on 
the interpretation and application of the Agr eement. The provisions apply wherever a Party 
considers that an actual or proposed measure is or would be inconsistent with the Agreement, 
another Party has otherwise failed to carry out their obligations under the Agreement, or a benefit WT/REG314/1 
 
- 36 - 
 
  the Party could have reasonably expected to accrue to it under Chapters 2, 3, 4, 9, 11, or 1625 is 
being nullified or impaired. Article 21.3 gives the Parties the choice of forum for the dispute; they can use the provisions of the Agreement, the WTO Agreement, or under another free trade agreement in which the disputing Parties are party to. Most of Chapter 21 is devoted to the 
procedures to be followed in case of a dispute,  which is summarised in Table 5.1. Section B of 
Chapter 21 concerns domestic proceedings and private commercial dispute settlement. 
Table 5.1 Synopsis of the Agreement's dispute settlement provisions  
 
 
  
 
 
                                               
25 Does not apply to a benefit under Chapter 11 or 16  if subject to an exception under Article 22.1. 
(Art. 1802)
(Art. 1809.4)-
-4)Consultations  (Art. 21.4 ) 
Referral to the Commission (Art. 21.5) 
Panel selection (Art. 21.9) 
Rules of procedure  (Art. 21.10 ) 
Panel examination  (Art. 21.13) 
Panel final report  (Art. 21.14) 60 or 15 days  
(perishable goods) 
Request for Arbitral Panel 
(Art. 21.6) 60 or 30 days  
(perishable goods) 
Max 36 da ys for com position  
Panel initial report to be sent 
to the Parties  (Art. 21.13) 120 da ys 
30 da ys 
Report becomes public   
(Art. 21.14) 15 da ys from Parties' release Implementation  
In agreement by the Parties (Art. 21.15) 
Non-implementation   
Negotiations on mutually acceptable 
compensation (Art. 21.16) 45 days from receipt of final report 
failure to reach  agreement 
Suspension of benefits  
(Art. 21.16) 
Compliance Review 
upon request from losing party  (Art. 21.17)  30 days from notice to suspend, or from the 
date of panel determination of level of benefits 
that may be suspended, whichever is later, 
unless the panel has determined compliance 
Five- year Review (Art. 21.18 ) 90 days from panel reconvention 
Monetary assessment (Art. 21.16)  
upon notice from the losing Party within: 
 30 days from notice of  suspension;  or 
 20 days from panel determination No sus pension 
Failure to pay monetary 
assessment WT/REG314/1 
 
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  5.6  Relationship with other agreements concluded by the Parties 
5.7.  Table 5.2 lists notified and non-notified RTAs in force to which the United States and 
Colombia are parties. 
Table 5.2 United States and Colombia: Pa rticipation in other RTAs (notified and 
non-notified in force), as of 1 June 2015 
RTA Name Date of 
entry into 
force Coverage GATT/WTO Notification 
Year WTO Provision 
United States 
United States - Panama 31-Oct-12 Goods & Services 2012 GATT Art. XXIV & GATS Art. V 
Republic of Korea - United States 15-Mar-12 Good s & Services 2012 GATT Art. XXIV & GATS Art. V 
United States - Peru 01-Feb-09 Goods & Services 2009 GATT Art. XXIV & GATS Art. V 
United States - Oman 01-Jan-09 Goods & Services 2009 GATT Art. XXIV & GATS Art. V 
United States - Bahrain 01-Aug-06 Goods & Services 2006 GATT Art. XXIV & GATS Art. V 
Dominican Republic - Central America 
- United States Free Trade Agreement 
(CAFTA-DR) 01-Mar-06 Goods & Services 2006 GATT Art. XXIV & GATS Art. V 
United States - Morocco 01-Jan-06 Goods & Services 2005 GATT Art. XXIV & GATS Art. V 
United States - Australia 01-Jan-05 Goods & Se rvices 2004 GATT Art. XXIV & GATS Art. V 
United States - Singapore 01-Jan-04 Goods & Services 2003 GATT Art. XXIV & GATS Art. V 
United States - Chile 01-Jan-04 Goods & Serv ices 2003 GATT Art. XXIV & GATS Art. V 
United States - Jordan 17-Dec-01 Goods & Services 2002 GATT Art. XXIV & GATS Art. V 
North American Free Trade Agreement 
(NAFTA) 01-Jan-94 Goods & Services 1993(G) 
1995(S) GATT Art. XXIV & GATS Art. V 
United States - Israel 19-Aug-85 Goods 1985 GATT Art. XXIV 
Colombia 
European Union - Colombia and Peru 01-Mar-13 Goods & Services 2013 GATT Art. XXIV & GATS Art. V 
Canada - Colombia 15-Aug-11 Goods & Services 2011 GATT Art. XXIV & GATS Art. V 
EFTA - Colombia 01-Jul-11 Goods & Services 2011 GATT Art. XXIV & GATS Art. V 
Colombia - Northern Triangle  
(El Salvador, Guatemala, Honduras) 12-Nov-09 Goods & Services 2012 GATT Art. XXIV & GATS Art. V 
Chile - Colombia 08-May-09 Goods & Services 2009 GATT Art. XXIV & GATS Art. V 
Colombia - Mexico 01-Jan-95 Goods & Services 2010 GATT Art. XXIV & GATS Art. V 
Global System of Trade Preferences 
among Developing Countries (GSTP) 19-Apr-89 Goods 1989 Enabling Clause 
Andean Community (CAN) 25-May-88 Goods 1990 Enabling Clause 
Latin American Integration Association 
(LAIA) 18-Mar-81 Goods 1982 Enabling Clause 
Colombia - Venezuela [LAIA, AAP.C Nº 
28] 19-Oct-12 Goods Not notified 
LAIA - Accession of Panama 03-May-12 Goods Not notified 
Andean Community  14-Dec-06 Services Not notified 
MERCOSUR - Andean Community 
(except Peru) [LAIA,AAP.CE N°59] 05-Jan-05 Goods & Services Not notified 
Colombia - Cuba [LAIA,AAP.CE N°49] 10-Jul-01 Goods Not notified 
Colombia - CARICOM [LAIA, 
AAP.A25TM N°31] 01-Jan-95 Goods Not notified 
Colombia - Panama [LAIA, AAP.A25TM 
N°29] 01-Jan-95 Goods Not notified 
LAIA - Seeds [AAP.AG N°2]    Goods Not notified 
LAIA - Cultural Goods [LAIA AR.CEYC 
N°7]   Goods Not notified 
LAIA - Preferences in favour of 
Ecuador [LAIA, AR.AM N°2]   Goods Not notified 
LAIA- Preferences in favour of 
Paraguay [LAIA, AR.AM N°3]   Goods Not notified 
LAIA - Preferences in favour of Bolivia 
[LAIA, AR.AM N°1]   Goods Not notified 
Source: WTO Secretariat. WT/REG314/1 
 
- 38 - 
 
  5.7  Government procurement 
5.8.  Government procurement provisions are co ntained in Chapter 9 of the Agreement and apply 
to any measure of a Party regarding a covered procurement. A covered procurement is a procurement of goods, services, or both: 
a. by any contractual means, including purchase, rental, or lease, with or without an option 
to buy, build-operate-transfer contracts, and public works concession contracts;  
b. for which the value, as estimated in accordance with paragraphs 9 and 10, as 
appropriate, equals or exceeds the relevant threshold in Annex 9.1;  
c. that is conducted by a procuring entity; and  
d. that is not excluded from coverage. 
5.9.  Certain provisions are specifically excluded from coverage, these are outlined in Table 5.3. 
Table 5.3 Chapter 9 exclusions
 
Items specifically excluded 
 
 Non-contractual agreements or any form of assistance that a Party, including a 
government enterprise, provides, including grants, loans, equity infusions, fiscal incentives, subsidies, guarantees, and cooperative agreements 
 Government provision of goods or services to persons or to regional or local level 
governments 
 Purchases for the direct purpose of providing foreign assistance 
 Purchases funded by international grants, loans, or other assistance, where the provision 
of such assistance is subject to conditions inconsistent with this Chapter 
 Acquisition of fiscal agency or depository se rvices, liquidation and management services 
for regulated financial institutions, and sale and distribution services for government debt; 
 Hiring of government employees and related employment measures 
 Procurement of banking, financial, or specialized services related to the incurring of public 
indebtedness or public debt management. 
Source:  Chapter 9 of the United Stat es Colombia Free Trade Agreement. 
 
5.10.  The Chapter contains the key principles of national treatment and non-discrimination, and also provisions on rules of origin, tendering procedures, publication, and offsets. There are detailed 
rules for tendering, including the use of selective tendering, limited tendering, and the use of 
multi-use lists. 
5.11.  The United States is party to the WTO Government Procurement Agreement (GPA), and 
Colombia has been an observer since February 1996. Annex 9.1 sets out the specific the coverage 
of government entities, thresholds that ar e applied and exclusions. The United States' 
commitments are similar to its GPA commitments in the list of covered entities and notes to the 
schedule. The thresholds for sub-central levels of government are also similar, although a direct 
comparison is difficult given the units are not directly comparable.
26 The coverage of sub-central 
levels of government, i.e., U.S. states, is significantly less in the Agreement compared to the GPA; there are commitments for eight states and Puerto  Rico in the Agreement, and 37 in the schedule 
to the revised GPA. For Colombia, the commitments in the Annex cover 27 entities at the federal 
level of government, 32 at the sub-central level, and 22 other covered entities, and three special covered entities. Each party excludes certain services sectors from coverage, as elaborated in 
Annex 9.1, Section F. For Colombia, certain serv ice sub-sectors in research and development, 
engineering and architectural, utilities, social services, printing services, and production of television programs are not covered by the proc urement provisions. The United States excludes 
certain services sub-sectors in research and development; maintenance, repair, modification, 
rebuilding and installation of goods/equipment; information processing and related 
                                               
26 The thresholds are reported in SDRs in the GPA and USD in the Agreement. WT/REG314/1 
 
- 39 - 
 
  telecommunications services (except for enhanced or value-added services); operation of 
government-owned facilities; utilities; and transportation, travel, and relocation services. 
5.8  Intellectual property rights 5.12.  Article 16.1 of Chapter 16 commits the Parties to ratify or accede to a number of 
international agreements, these are: Convention Relating to the Distribution of Programme-
Carrying Signals Transmitted by Satellite, Budapest  Treaty on the International Recognition of the 
Deposit of Microorganisms for the Purposes of Patent Procedure, WIPO Copyright Treaty, WIPO 
Performances and Phonograms Treaty, Patent Cooperation Treaty, Trademark Law Treaty, and 
International Convention for the Protection of New Varieties of Plants. In addition, the Parties should make reasonable efforts to ratify and accede to: Patent Law Treaty, Hague Agreement Concerning the International Registration of Industri al Designs, and Protocol Relating to the Madrid 
Agreement Concerning the International Registration of Marks.  
5.13.  The remaining 13 Articles cover general provisions, national treatment and transparency; 
enforcement aspects; and detailed provisions on many TRIPs subjects. The further elaboration on 
many WTO IP subjects, including trademarks, copyri ght, patents, geographical indications, domain 
names, and public health issues; often goes be yond WTO rules and commitments. For example, an 
electronic system is to be created for the registration of trademarks. 
5.14.  As concerns public health measures, Article 16.13 re-affirms the Parties commitment to the 
Declaration on the TRIPS Agreement and Public Health.  
5.9  Other 5.9.1  Electronic Commerce 
5.15.  Chapter 15 contains provisions on electronic commerce, including trade in digital products. 
The provisions of the chapter re-enforce the WTO moratorium on E-commerce in that no Party may apply customs duties, fees or other charges on the importation or exportation of digital 
products. However, the Agreement allows the Parties to impose internal taxes or other internal 
charges on domestic sales of digital products. The supply of services delivered electronically falls within the scope of those respective Chapters.
27 Article 15.3 provides for the non-discriminatory 
treatment of digital products, both in terms of discrimination against other like digital products and 
vis-à-vis the other Party or non-Parties to the Agreement. This provision is subject to the reservations taken under non-conforming measures  of Chapters 10, 11, and 12. Furthermore, the 
Parties shall endeavor to have a paperless trade administration whereby all documents would be 
available to the public in electronic form and trade administration documents would be submitted 
electronically. The Chapter also contains provisions on transparency, authentication, and consumer protection. 
5.9.2  Labour 
5.16.  The main provisions of Chapter 17 on Labour are the Parties reaffirmation of their 
obligations at the ILO, commitment to adopt and maintain in statutes and regulations and 
practices thereunder the fundamental labor rights as stated in the ILO Declaration on Fundamental 
Principles and Rights at Work and its Follow-Up (1998) (ILO Declaration), commitment to not waive or otherwise derogate from their labor laws, and commitment not to fail to effectively enforce their labor laws. With respect to enforcement of domestic labor laws, Article 17.4 provides 
for fair, equitable, and transparent proceedings before tribunals.  
5.17.  Chapter 17 also provides for the creation of a Labor Affairs Council to oversee the 
implementation of the provisions of the Ch apter and the Capacity Building Mechanism 
(Article 17.6), review progress, develop guidelines, prepare reports, and perform other functions 
as necessary. The provisions on labour are subject to the Agreement's dispute settlement 
procedures, provided that the Parties follow the provisions of Article 17.7 on cooperative labour 
consultations which require consultations before invoking the provisions of Chapter 21. 
                                               
27 Chapter 10 (Investment), Chapter 11 (Cross-Border Trade in Services), and Chapter 12 (Financial 
Services). WT/REG314/1 
 
- 40 - 
 
  5.9.3  Environment 
5.18.  The objectives of Chapter 18 on the environment are to contribute to the Parties' efforts to 
ensure that trade and environmental policies are mutually supportive, to promote the optimal use 
of resources in accordance with the objective of sustainable development, and to strive to 
strengthen the links between the Parties' trade and environmental policies and practices, which 
may take place through environmental cooperation and collaboration.  
5.19.  The provisions of Article 18.2 commit the Parties to adopt, maintain, and implement laws, 
regulations, and other measures to fulfil their obligations under the multilateral environmental 
agreements (MEAs).28 The list of covered multilateral agreements may be modified to include 
other multilateral environmental agreements. The Chapter contains a number of provisions on procedural matters and enforcement mechanisms. The Parties agree to strengthen their co-
operation on environmental issues and establis h an environmental affairs council to further 
consider and discuss = implementation of the Envi ronment Chapter. There are also provisions to 
promote public participation and public awarenes s of environmental laws and the commitment to 
promote and encourage conservation and sustainable use of biological diversity. 
5.9.4  Understanding on biodiver sity and traditional knowledge 
5.20.  The Parties recognize traditional knowledge and biodiversity and their potential contribution 
to cultural, economic, and social development. Fu rthermore, they recognize the importance of a) 
obtaining informed consent from the appropriate authority prior to accessing genetic resources under the control of such authority; b) equitably sharing the benefits arising from the use of traditional knowledge and genetic resources; and c) promoting quality patent examination to 
ensure the conditions of patentability are satisfied. Each Party shall seek ways to share information 
that may have a bearing on patentability based on  traditional knowledge or genetic resources by 
providing publically accessible databases that cont ain relevant information and an opportunity to 
cite to the appropriate examining authority information that may have a bearing on patentability. 
 
                                               
28 The MEAs are as follows: Convention on Internatio nal Trade in Endangered Species of Wild Fauna and 
Flora, Montreal Protocol on Substances that Deplet e the Ozone Layer, Protocol of 1978 Relating to the 
International Convention for the Prevention of Pollution from Ships, Convention on Wetlands of International 
Importance Especially as Waterfowl Habitat, Convention on the Conservation of Antarctic Marine Living 
Resources, International Convention for the Regulation of  Whaling, and Convention for the Establishment of an 
Inter-American Tropical Tuna Commission. WT/REG314/1 
 
- 41 - 
 
  ANNEX 1 
1. Table A1.1 shows the United States' main imports from Colombia, which are dominated by 
crude oil, gold, petroleum oils, and coffee. 
Table A1.1 Top 50 USA imports from Colomb ia at six digit HS sub-heading, 2012 - 2014  
HS 
Subheading Product Description 2012 2013 2014 USA's 
Average 
MFN Tariff 
2014 
270900 Petroleum oils and oils obtained from 
bituminous minerals, crude 16,054.06 14,189.72 10,533.38 0.08 
710812 Gold, incl. gold plated with platinum, 
unwrought, for non-monetary purposes 
(excl. gold in powder form) 2,874.62 1,976.08 1,353.74 2.05 
271019 Medium oils and preparations, of 
petroleum or bituminous minerals, not containing biodiesel, n.e.s. 1,214.78 927.10 975.40 1.91 
090111 Coffee (excl. roasted and decaffeinated) 837.74 893.87 1,095.59 0.00 
270112 Bituminous coal, whether or not 
pulverised, non-agglomerated 458.51 374.43 476.35 0.00 
060311 Fresh cut roses and buds, of a kind 
suitable for bouquets or for ornamental 
purposes 325.32 321.81 330.50 6.80 
080390 Fresh or dried bananas (excl. plantains) 240.26 242.11 202.82 0.00 
710813 Gold, incl. gold plated with platinum, in 
semi-manufactured forms, for non-
monetary purposes 44.56 219.60 374.79 1.37 
710391 Rubies, sapphires and emeralds, 
worked, whether or not graded, but not strung, mounted or set, rubies, sapphires and emeralds, worked, ungraded, temporarily strung for convenience of transport (excl. rubies, sapphires and emeralds, simply sawn or roughly shaped, imitation precious stones and semi-precious stones) 172.37 178.26 236.99 0.00 
270119 Coal, whether or not pulverised, non-
agglomerated (excl.  anthracite and 
bituminous coal) 167.21 165.35 225.11 0.00 
060319 Fresh cut flowers and buds, of a kind 
suitable for bouquets or for ornamental purposes (excl. ro ses, carnations, 
orchids, chrysanthemums and lilies) 163.03 169.32 174.38 6.40 
060314 Fresh cut chrysanthemums and buds, 
of a kind suitable for bouquets or for 
ornamental purposes 150.08 166.67 169.42 6.40 
060312 Fresh cut carnations and buds, of a kind 
suitable for bouquets or for ornamental purposes 94.95 90.77 83.15 4.80 
210111 Extracts, essences and concentrates, of 
coffee 97.53 90.61 71.60 0.00 
720260 Ferro-nickel 79.44 49.02 129.82 0.00 
711011 Platinum, unwrought or in powder form 56.91 68.25 54.46 0.00 
160414 Prepared or preserved tunas, skipjack 
and Atlantic bonito, whole or in pieces (excl. minced) 72.68 53.75 39.38 10.08 
761010 Doors, windows and their frames and 
thresholds for door, of aluminium (excl. 
door furniture) 31.35 44.22 75.08 5.70 WT/REG314/1 
 
- 42 - 
 
  HS 
Subheading Product Description 2012 2013 2014 USA's 
Average 
MFN Tariff 
2014 
271012 Light oils and preparations, of 
petroleum or bituminous minerals which >= 90% by volu me "incl. losses" 
distil at 210°C "ASTM D 86 method" (excl. containing biodiesel) 81.66 9.77 46.40 1.61 
080310 Fresh or dried plantains 46.00 48.32 40.24 0.70 
620342 Men's or boys' trousers, bib and brace 
overalls, breeches and shorts, of cotton (excl. knitted or cr ocheted, underpants 
and swimwear) 46.62 41.41 41.28 8.97 
090112 Decaffeinated coffee (excl. roasted) 34.55 27.56 53.49 0.00 
051199 Products of animal origin, n.e.s., dead 
animals, unfit for human consumption (excl. fish, crustaceans, molluscs or 
other aquatic invertebrates) 32.93 35.40 39.29 0.82 
392112 Plates, sheets, film, foil and strip, of 
cellular polymers of vinyl chloride, 
unworked or merely surface-worked or 
merely cut into squares or rectangles 
(excl. self-adhesive products, floor, wall 
and ceiling coverings of heading 3918 
and sterile surgical or dental adhesion 
barriers of subheading 3006.10.30) 33.36 33.57 35.98 5.63 
090121 Roasted coffee (excl. decaffeinated) 37.70 30.04 34.46 0.00 
730629 Casing and tubing of a kind used in 
drilling for oil or gas, welded, of flat-
rolled products of iron or steel, of an 
external diameter of <= 406,4 mm 
(excl. products of st ainless steel or of 
cast iron) 76.52 12.98 10.68 0.00 
030431 Fresh or chilled fillets of tilapia 
"Oreochromis spp." 23.86 34.78 37.70 0.00 
630260 Toilet linen and kitchen linen, of terry 
towelling or similar terry fabrics of 
cotton (excl. floorcloths, polishing 
cloths, dishcloths and dusters) 23.06 35.91 35.62 9.10 
170490 Sugar confectionery not containing 
cocoa, incl. white chocolate (excl. chewing gum) 32.92 30.01 29.18 11.91 
170114 Raw cane sugar, in solid form, not 
containing added flavouring or 
colouring matter (excl. cane sugar of 
1701 13) 21.17 20.91 34.32 20.50 
701090 Carboys, bottles, flasks, jars, pots, 
phials and other containers, of glass, of a kind used for the commercial conveyance or packing of goods, and preserving jars, of glass (excl. ampoules, glass inners for containers, with vacuum insulation, perfume atomizers, flasks, bottles etc. for 
atomizers) 27.13 9.98 38.52 1.93 
390410 Poly"vinyl chloride", in primary forms, 
not mixed with any other substances 27.79 21.34 24.46 6.50 
960200 Worked vegetable or mineral carving 
material and articles of these materials n.e.s; moulded or carved articles of wax, of paraffin, of stearin, of natural gums or natural resins or of modelling pastes, and other moulded or carved articles n.e.s; worked, unhardened gelatin, and articles of unhardened 
gelatin, n.e.s. 24.95 22.99 23.01 2.50 WT/REG314/1 
 
- 43 - 
 
  HS 
Subheading Product Description 2012 2013 2014 USA's 
Average 
MFN Tariff 
2014 
731210 Stranded wire, ropes and cables, of iron 
or steel (excl. electrically insulated 
products and twisted fencing wire and 
barbed wire) 18.61 18.02 23.33 0.00 
700719 Toughened "tempered" safety glass 
(excl. glass of size and shape suitable for incorporation in motor vehicles, aircraft, spacecraft, vessels and other vehicles, and lenses for spectacles and goggles, etc., and for clocks and watches) 16.51 22.72 19.36 5.00 
060420 Foliage, branches and other parts of 
plants, without flowers or flower buds, 
and grasses, mosses and lichens, being 
goods of a kind suitable for bouquets or 
for ornamental purposes, fresh 21.15 20.36 15.93 0.00 
170199 Cane or beet sugar and chemically pure 
sucrose, in solid form (excl. cane and beet sugar containing added flavouring 
or colouring and raw sugar) 30.21 3.41 23.39 10.30 
611030 Jerseys, pullovers, cardigans, 
waistcoats and similar articles, of man-
made fibres, knitted or crocheted (excl. 
wadded waistcoats) 15.15 22.19 17.85 15.33 
291814 Citric acid 14.17 14.56 23.14 6.00 
620462 Women's or girls' trousers, bib and 
brace overalls, breeches and shorts of 
cotton (excl. knitted or crocheted, 
panties and swimwear) 15.83 17.62 16.33 8.15 
380892 Fungicides (excl. goods of subheading 
3808.50) 15.31 14.89 18.13 3.37 
190590 Bread, pastry, cakes, biscuits and other 
bakers' wares, whether or not 
containing cocoa; communion wafers, 
empty cachets of a kind suitable for 
pharmaceutical use, sealing wafers, rice 
paper and similar products (excl. 
crispbread, gingerbread and the like, 
sweet biscuits, wa ffles, wafers not 
mentioned, rusks, toasted bread and 
similar toasted products) 14.35 14.89 16.44 2.25 
611241 Women's or girls' swimwear of 
synthetic fibres, knitted or crocheted 11.06 14.84 17.91 24.90 
690890 Glazed ceramic flags and paving, 
hearth or wall tiles; glazed ceramic 
mosaic cubes and the like, whether or 
not on a backing (excl. of siliceous 
fossil meals or similar siliceous earths, 
refractory ceramic goods, tiles specially 
adapted as table mats, ornamental 
articles, tiles specifically manufactured 
for stoves, tiles and cubes and the like 
the largest surface area of which is 
capable of being enclosed in a square of 
side of < 7 cm) 13.87 16.66 12.51 8.50 
392020 Plates, sheets, film, foil and strip, of 
non-cellular polymers of ethylene, not reinforced, laminated, supported or similarly combined with other materials, without backing, unworked or merely surface-worked or merely cut into squares or rectangles (excl. self-adhesive products, and floor, wall and ceiling coverings of heading 3918) 9.19 16.30 16.29 4.20 WT/REG314/1 
 
- 44 - 
 
  HS 
Subheading Product Description 2012 2013 2014 USA's 
Average 
MFN Tariff 
2014 
200899 Fruit and other edible parts of plants, 
prepared or preserved, whether or not 
containing added sugar or other 
sweetening matter or spirit (excl. 
prepared or preserved with vinegar, 
preserved with sugar but not laid in 
syrup, jams, fruit jellies, marmalades, 
fruit purée and pastes, obtained by 
cooking, and nuts, groundnuts and 
other seeds, pineappl es, citrus fruits, 
pears, apricots, cherries, peaches, 
strawberries, palm hearts and 
cranberries) 11.78 14.72 15.24 5.80 
290242 m-Xylene 11.84 15.52 14.05 0.00 
490199 Printed books, brochures and similar 
printed matter (excl. those in single 
sheets; dictionaries, encyclopaedias, 
periodicals and publications which are 
essentially devoted to advertising) 19.97 11.90 9.31 0.00 
210690 Food preparations, n.e.s. 16.66 11.49 11.73 14.89 
060315 Fresh cut lilies "Lilium spp." and buds, 
of a kind suitable for bouquets or for 
ornamental purposes 13.38 13.92 11.34 6.40 
 Total 23,974.65  20,899.91  17,408.87  
Note: Calculation of MFN averages includes 2013 AVEs. 
Source: UNSD Comtrade Database and TPR data. 
2. Table A1.2 shows Colombia's main imports from the United States, which are dominated by 
petroleum oils, corn, airplanes, and chemicals. 
Table A1.2 Top 50 Colombia imports from the Un ited States at six digit HS sub-heading, 
2012 - 2014  
HS 
Subheading Product Description 2012 2013 2014 Colombia's 
Average 
MFN Tariff 
2014 
271019 Medium oils and preparations, of 
petroleum or bituminous minerals, not containing biodiesel, n.e.s. 3,026.24 3,657.64 4,108.83 1.47 
271012 Light oils and preparations, of 
petroleum or bituminous minerals which 
>= 90% by volume "inc l. losses" distil 
at 210°C "ASTM D 86 method" (excl. 
containing biodiesel) 774.33 1,318.20 2,513.56 0.50 
100590 Maize (excl. seed for sowing) 61.84 166.68 891.80 18.33 
880240 Aeroplanes and other powered aircraft 
of an of an unladen weight > 15.000 kg 
(excl. helicopters and dirigibles) 199.42 590.71 164.10 0.00 
290321 Vinyl chloride "chloroethylene" 227.54 254.45 277.99 0.00 
100199 Wheat and meslin (excl. seed for 
sowing, and durum wheat) 140.41 227.61 217.44 10.00 
290250 Styrene 169.77 182.28 194.49 0.00 
880330 Parts of aeroplanes or helicopters, 
n.e.s. (excl. th ose for gliders) 141.65 170.44 204.89 0.00 
230400 Oilcake and other solid residues, 
whether or not ground or in the form of pellets, resulting fro m the extraction of 
soya-bean oil 91.65 181.53 209.19 15.00 
290122 Propene "propylene" 150.43 209.30 102.61 0.00 WT/REG314/1 
 
- 45 - 
 
  HS 
Subheading Product Description 2012 2013 2014 Colombia's 
Average 
MFN Tariff 
2014 
300490 Medicaments consisting of mixed or 
unmixed products for therapeutic or prophylactic purposes, put up in measured doses "incl.  those in the form 
of transdermal administration" or in forms or packings for retail sale (excl. medicaments containing antibiotics, medicaments containing hormones or 
steroids used as hormones, but not 
containing antibiotics, medicaments containing alkaloids or derivatives thereof but not containing hormones or antibiotics and medicaments containing provitamins, vitamins or derivatives thereof used as vitamins) 112.06 130.01 160.97 7.86 
870410 Dumpers for off-highway use 147.12 184.80 63.08 0.00 
390190 Polymers of ethylene, in primary forms 
(excl. polyethylene and ethylene-vinyl 
acetate copolymers) 105.19 117.73 136.06 0.00 
880212 Helicopters of an unladen weight > 
2.000 kg 38.94 294.08 20.38 0.00 
300210 Antisera and other blood fractions and 
immunological products, whether or not modified or obtained by means of 
biotechnological processes 104.15 118.83 95.75 0.00 
390120 Polyethylene with a specific gravity of 
>= 0,94, in primary forms 107.90 104.76 102.97 0.00 
870323 Motor cars and other motor vehicles 
principally designed for the transport of persons, incl. station wagons and racing cars, with spark-ignition internal combustion reciprocating piston engine 
of a cylinder capacity > 1.500 cm³ but 
<= 3.000 cm³ (excl. vehicles for the transport of persons on snow and other specially designed vehicles of subheading 8703.10) 66.08 121.89 120.33 35.00 
870324 Motor cars and other motor vehicles 
principally designed for the transport of 
persons, incl. station wagons and racing 
cars, with spark-ignition internal 
combustion reciprocating piston engine 
of a cylinder capacity > 3.000 cm³ 
(excl. vehicles for the transport of 
persons on snow and other specially 
designed vehicles of subheading 
8703.10) 69.32 100.14 125.32 35.00 
120190 Soya beans, whether or not broken 
(excl. seed for sowing) 93.03 64.48 126.80 15.00 
851762 Machines for the reception, conversion 
and transmission or regeneration of 
voice, images or other data, incl. 
switching and routing apparatus (excl. 
telephone sets, telephones for cellular 
networks or for other wireless 
networks) 89.47 79.69 107.28 3.33 
210690 Food preparations, n.e.s. 84.25 70.56 79.69 10.67 
020329 Frozen meat of swine (excl. carcases 
and half-carcases, and hams, shoulders 
and cuts thereof, with bone in) 36.87 71.17 123.79 20.00 
390110 Polyethylene with a specific gravity of < 
0,94, in primary forms 67.68 74.91 86.33 0.00 WT/REG314/1 
 
- 46 - 
 
  HS 
Subheading Product Description 2012 2013 2014 Colombia's 
Average 
MFN Tariff 
2014 
880230 Aeroplanes and other powered aircraft 
of an unladen weight > 2.000 kg but 
<= 15.000 kg (excl. helicopters and 
dirigibles) 75.32 59.49 77.45 0.00 
842952 Self-propelled mechanical shovels, 
excavators and shovel loaders, with a 360° revolving superstructure 95.88 66.22 49.90 0.00 
310530 Diammonium hydrogenorthophosphate 
"diammonium phosphate" (excl. that in 
tablets or similar forms, or in packages 
with a gross weight of <= 10 kg) 73.75 61.61 70.01 0.00 
230310 Residues of starch manufacture and 
similar residues 65.04 65.35 71.88 10.00 
843049 Boring or sinking machinery for boring 
earth or extracting minerals or ores, not 
self-propelled and no t hydraulic (excl. 
tunnelling machinery and hand-
operated tools) 101.21 67.58 31.46 5.00 
310540 Ammonium dihydrogenorthophosphate 
"monoammonium phosphate", whether or not mixed with diammonium hydrogenorthophosphate "diammonium phosphate" (excl. that in tablets or similar forms, or in packages with a gross weight of <= 10 kg) 64.52 60.03 75.25 0.00 
390690 Acrylic polymers, in primary forms 
(excl. poly"methyl methacrylate") 60.12 68.47 69.57 3.75 
901890 Instruments and appliances used in 
medical, surgical or veterinary sciences, n.e.s. 57.06 57.59 73.76 2.50 
100630 Semi-milled or wholly milled rice, 
whether or not polished or glazed 54.32 65.17 67.21 47.50 
382490 Chemical products and preparations of 
the chemical or allied industries, incl. those consisting of mixtures of natural 
products, n.e.s. 55.82 60.84 69.49 0.79 
848180 Appliances for pipe s, boiler shells, 
tanks, vats or the like (excl. pressure-
reducing valves, valves for the control 
of pneumatic power transmission, check 
"non-return" valves and safety or relief 
valves) 61.11 58.56 63.42 3.64 
520100 Cotton, neither carded nor combed 59.06 65.17 49.96 5.00 
843143 Parts for boring or sinking machinery of 
subheading 8430.41 or 8430.49, n.e.s. 86.53 40.29 45.79 2.50 
381190 Oxidation inhibitors, gum inhibitors, 
viscosity improvers, anti-corrosive preparations and other prepared additives for mineral oils, incl. gasoline, or for other liquids used for the same purposes as mineral oils (excl. anti-
knock preparations and oil lubricant additives) 48.20 59.92 63.76 5.00 
840999 Parts suitable for use solely or 
principally with compression-ignition 
internal combustion piston engine 
"diesel or semi-diesel engine", n.e.s. 62.04 52.82 55.34 0.83 
470321 Semi-bleached or bleached coniferous 
chemical wood pulp, soda or sulphate (excl. dissolving grades) 51.93 54.39 61.94 0.00 WT/REG314/1 
 
- 47 - 
 
  HS 
Subheading Product Description 2012 2013 2014 Colombia's 
Average 
MFN Tariff 
2014 
841370 Centrifugal pumps, power-driven (excl. 
those of subheading 8413.11 and 
8413.19, fuel, lubricating or cooling 
medium pumps for internal combustion 
piston engine and concrete pumps) 42.06 52.02 63.21 1.25 
843149 Parts of machinery of heading 8426, 
8429 and 8430, n.e.s. 53.96 52.07 43.26 0.00 
381121 Prepared additives for oil lubricants 
containing petroleum oil or bituminous 
mineral oil 50.95 44.86 48.98 3.33 
390720 Polyethers, in primary forms (excl. 
polyacetals and goods of 3002 10) 43.63 46.66 49.54 2.50 
847150 Processing units for automatic data-
processing machines, whether or not 
containing in the same housing one or 
two of the following types of unit: 
storage units, input units, output units 
(excl. those of heading 8471.41 or 
8471.49 and excl. peripheral units) 48.97 50.33 38.88 0.00 
841391 Parts of pumps for liquids, n.e.s. 42.10 39.80 46.23 1.25 
841480 Air pumps, air or other gas compressors 
and ventilating or recycling hoods 
incorporating a fan, whether or not 
fitted with filters, having a maximum 
horizontal side > 120 cm (excl. vacuum 
pumps, hand- or foot-operated air 
pumps, compressors for refrigerating 
equipment and air compressors 
mounted on a wheeled chassis for 
towing) 47.99 34.38 42.39 1.43 
390410 Poly"vinyl chloride", in primary forms, 
not mixed with any other substances 27.52 41.66 54.42 5.00 
300220 Vaccines for human medicine 34.88 78.90 5.66 0.00 
382200 Diagnostic or laboratory reagents on a 
backing, prepared diagnostic or laboratory reagents whether or not on a backing, and certified reference materials (excl. compound diagnostic reagents designed to be administered to the patient, blood-grouping reagents, animal blood prepared for therapeutic, prophylactic or diagnostic uses and vaccines, toxins, cultures of micro-organisms and similar products) 36.60 37.64 44.56 0.00 
841989 Machinery, plant or laboratory 
equipment, whether or not electrically 
heated, for the treatment of materials 
by a process involving a change of 
temperature such as heating, cooking, 
roasting, sterilising, pasteurising, 
steaming, evaporating, vaporising, 
condensing or cooling, n.e.s. (excl. 
machinery used for domestic purposes 
and furnaces, ovens and other 
equipment of heading 8514) 20.07 21.37 71.58 2.86 
 Total 7,625.97  9,955.10  11,738.55  
Note: Calculation of MFN averages only includes the ad valorem  duties. 
Source: WTO-IDB Database. WT/REG314/1 
 
- 48 - 
 
  ANNEX 2 
INDICATORS OF TRADE LIBERALIZATION UNDER THE AGREEMENT 
1. Tables A2.1 (United States) and A2.2 (Colombia) present the Parties' tariff elimination 
schedules by agricultural, non-agricultural and all products. In the case of the United States, the 
share of duty free lines increased from 36.8% over all on an MFN basis to 97.9% for imports from 
Colombia upon entry into force in 2012. The over all average duty fell from 4.7% to 0.4% for 
Colombian exporters (from 8.5% to 2.7% for agricultural products and from 4% to 0.1% for non-
agricultural products). Within 10 years of implem entation, in 2021, the share of duty free lines for 
Colombia will rise to 98.3% (89.2% for agriculture and 100% for non-agricultural products). By the end of implementation 99.5% of goods will be  duty free for Colombian exports, of which 100% 
for non-agriculture and 97% for agriculture.  
2. Colombia's duty free tariff lines increased from 9% to 11.5% for imports from the United 
States when the Agreement entered into force. Th e share of agricultural product tariff lines that 
became duty free rose from zero to 77.4% while the share of non-agricultural product tariff lines 
that became duty free for U.S. exports rose from 4.1%, on an MFN basis, to 75.3%. United States' 
exporters to Colombia faced an overall averag e duty of 2.8% compared to the MFN applied 
average of 8.7% at the time of entry into forc e (5.1% compared to 15.5% MFN for agricultural 
products and 2.4% compared to 7.6% for non-agriculture). By 2021 99.4% of tariff lines will be 
duty free, 95.4% for agricultural and 100% for non-agriculture goods. By the end of 
implementation in 2030, 100% of Colombia's tariffs will be duty free for United States' exports.   
Table A2.1 United States: Indicators of MFN tariff rates and preferential rates for 
imports from Colombia
 
Origin 
of 
goods Year ALL PRODUCTS Agricultural products a Non-agricultural products  
Average applied 
tariff Share 
of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share 
of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share 
of 
duty-
free 
tariff 
lines 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) 
MFN 2012 4.7 7.5 36.8 8.5 11.0 22.8 4.0 6.6 39.5 
Colombia 2012 0.4 54.2 97.9 2.7 60.9 88.2 0.1 27.2 99.7 
 2013 0.4 51.1 97.9 2.6 57.7 88.2 0.0 24.2 99.7 
 2014 0.4 47.9 97.9 2.4 54.5 88.2 0.0 21.1 99.7 
 2015 0.4 44.7 97.9 2.3 51.3 88.2 0.0 18.1 99.7 
 2016 0.3 41.3 97.9 2.1 47.8 88.3 0.0 15.1 99.7 
 2017 0.3 38.1 97.9 2.0 44.6 88.3 0.0 12.1 99.7 
 2018 0.3 34.9 97.9 1.8 41.3 88.3 0.0 9.0 99.7 
 2019 0.3 31.3 97.9 1.7 37.6 88.3 0.0 6.0 99.7 
 2020 0.2 28.1 97.9 1.5 34.3 88.3 0.0 3.0 99.7 
 2021 0.2 33.2 98.3 1.3 33.2 89.2 0.0 0.0 100.0 
 2022 0.2 29.7 98.4 1.2 29.7 89.8 0.0 0.0 100.0 
 2023 0.2 26.1 98.4 1.0 26.1 89.8 0.0 0.0 100.0 
 2024 0.1 22.6 98.4 0.9 22.6 89.8 0.0 0.0 100.0 
 2025 0.1 19.1 98.4 0.7 19.1 89.8 0.0 0.0 100.0 
 2026 0.1 19.7 99.5 0.6 19.7 97.0 0.0 0.0 100.0 
 2027 0.1 19.7 99.5 0.6 19.7 97.0 0.0 0.0 100.0 
a WTO Definition. 
Note: For the calculation of averages, specific duties are excluded and the ad valorem  parts of alternate 
rates are included. At the MFN level, Ad-Valorem Equivalents (AVEs) were us ed for the calculation. 
 Based on the HS 2012 nomenclature. 
Source:  WTO estimates based on data  provided by the United States.  WT/REG314/1 
 
- 49 - 
 
  Table A2.2 Colombia: Indicators of MFN tari ff rates and preferential rates for imports 
from the United States  
Origin 
of 
goods Year ALL PRODUCTS Agricultural products a Non-agricultural products 
Average applied 
tariff Share 
of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share 
of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share 
of 
duty-
free 
tariff 
lines 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) 
MFN 2012 8.7 9.0 3.5 15.5 15.5 0.0 7.6 7.9 4.1 
United 
States 2012 2.8 11.5 75.6 5.1 22.6 77.4 2.4 9.8 75.3 
 2013 2.6 10.8 75.6 4.4 19.5 77.4 2.3 9.5 75.3 
 2014 2.3 9.5 75.6 3.6 16.1 77.5 2.1 8.6 75.3 
 2015 1.9 7.8 75.6 2.8 12.6 77.5 1.8 7.1 75.3 
 2016 1.4 8.5 83.3 2.0 21.5 90.6 1.3 7.4 82.1 
 2017 1.2 7.1 83.3 1.8 18.8 90.6 1.1 6.1 82.1 
 2018 0.9 5.8 84.2 1.5 15.9 90.6 0.8 4.9 83.1 
 2019 0.6 4.1 84.2 1.2 13.3 90.9 0.5 3.3 83.1 
 2020 0.4 2.3 84.2 1.0 10.6 91.0 0.3 1.6 83.1 
 2021 0.1 14.9 99.4 0.7 14.9 95.4 0.0 0.0 100.0 
 2022 0.1 13.9 99.4 0.6 13.9 96.0 0.0 0.0 100.0 
 2023 0.1 14.3 99.6 0.5 14.3 96.8 0.0 0.0 100.0 
 2024 0.1 11.4 99.6 0.4 11.4 96.8 0.0 0.0 100.0 
 2025 0.0 8.4 99.6 0.3 8.4 96.8 0.0 0.0 100.0 
 2026 0.0 20.2 99.9 0.2 20.2 99.1 0.0 0.0 100.0 
 2027 0.0 14.9 99.9 0.1 14.9 99.1 0.0 0.0 100.0 
 2028 0.0 9.4 99.9 0.1 9.4 99.1 0.0 0.0 100.0 
 2029 0.0 6.2 99.9 0.0 6.2 99.5 0.0 0.0 100.0 
 2030 0.0 0.0 100.0 0.0 0.0 100.0 0.0 0.0 100.0 
a WTO Definition. 
Note: Tariff lines subject to in-quota ra tes are excluded in the computation. 
 Based on the HS 2012 nomenclature. 
Source: WTO estimates based on data provided by Colombia.  
3. Table A2.3 and A2.4 show market access opport unities for Colombia's top 25 exported goods 
in the United States and the United States' top 25 exported goods in Colombia. Colombia's top 25 exports to the United States which accounted for 82.6% of its global exports during 2011-2013 
covered 77 tariff lines. Of these, 19 lines were already duty free on an MFN basis in 2012. As a 
result of the entry into force of the Agreement an additional 54 were liberalized with one line to be 
liberalized in 2026. Three lines will remain dutiable (through tariff rate quotas) once the Agreement is fully implemented.  
Table A2.3 United States: Market acce ss opportunities under the agreement for 
Colombia's top 25 exports 
Colombia's top export products in 2011, 2012, 2013  Access Conditions to Un ited States' import 
markets  
MFN (2012)  Duty-free 
in 
No. of lines 
remaining 
dutiable  
HS number and description of the product  Share 
in 
global 
exports 
(%) Average 
MFN 
applied 
rate 
(%) No. of tariff 
lines  
2012 
2026 Duty-free 
Dutiable 
270900 Petroleum oils and oils obtained from 
bituminous minerals, crude 43.86  0.1  2 2   
270112 Bituminous coal, whether or not pulverised, 
non-agglomerated 12.15  0.0 1     
271019 Medium oils and preparations, of petroleum 
or bituminous minerals, not containing biodiesel, n.e.s. 4.80
 2.0  11 11   WT/REG314/1 
 
- 50 - 
 
  Colombia's top export products in 2011, 2012, 2013  Access Conditions to Un ited States' import 
markets  
MFN (2012)  Duty-free 
in 
No. of lines 
remaining 
dutiable  
HS number and description of the product  Share 
in 
global 
exports 
(%) Average 
MFN 
applied 
rate 
(%) No. of tariff 
lines  
2012 
2026 Duty-free 
Dutiable 
710812 Gold, incl. gold plated with platinum, 
unwrought, for non-monetary purposes 
(excl. gold in powder form) 4.47 2.1 1 1 1   
090111 Coffee (excl. roasted and decaffeinated)  3.64 0.0 1     
271012 Light oils and preparations, of petroleum or 
bituminous minerals which >= 90% by 
volume "incl. losses" distil at 210°C "ASTM D 
86 method" (excl. containing biodiesel) 1.62 1.6  5 5   
720260 Ferro-nickel 1.36  0.0 1     
271020 Petroleum oils and oils obtained from 
bituminous minerals (other than crude) and 
preparations n.e.s. or included, containing 
by weight 70 % or more of petroleum oils or 
of oils obtained from bituminous minerals, 
these oils being the basic constituents of the 
preparations, containing biodiesel (excl. 
waste oils) 1.30 0.2  4 4   
080390 Fresh or dried bananas (excl. plantains)  1.08 0.0 1     
270400 Coke and semi-coke of coal, of lignite or of 
peat, whether or not agglomerated; retort 
carbon 0.84 0.0 1     
060319 Fresh cut flowers and buds, of a kind 
suitable for bouquets or for ornamental purposes (excl. roses, carnations, orchids, chrysanthemums and lilies) 0.78
 6.4  1 1   
271121 Natural gas in gaseous state 0.66 0.0 1     
170199 Cane or beet sugar and chemically pure 
sucrose, in solid form (excl. cane and beet 
sugar containing added flavouring or 
colouring and raw sugar) 0.65 32.4  2 1  1  
060311 Fresh cut roses and buds, of a kind suitable  
for bouquets or for ornamental purposes 0.63 6.8  1 1   
740400 Waste and scrap, of copper (excl. ingots or 
other similar unwrought shapes, of remelted copper waste and scrap, ashes and residues containing copper, and waste and scrap of 
primary cells, primary batteries and electric 
accumulators) 0.57
 0.0 2     
870323 Motor cars and other motor vehicles 
principally designed for the transport of 
persons, incl. station wagons and racing 
cars, with spark-ignition internal combustion 
reciprocating piston engine of a cylinder 
capacity > 1.500 cm³ but <= 3.000 cm³ 
(excl. vehicles for the transport of persons 
on snow and other specially designed 
vehicles of subheading 8703.10) 0.56 2.5  1 1   
390410 Poly"vinyl chloride", in primary forms, not 
mixed with any other substances 0.53 6.5  1 1   
390210 Polypropylene, in primary forms 0.48 6.5  1 1   
300490 Medicaments consisting of mixed or unmixed 
products for therapeutic or prophylactic 
purposes, put up in measured doses "incl. 
those in the form of transdermal administration" or in forms or packings for retail sale (excl. medicaments containing antibiotics, medicaments containing 
hormones or steroids used as hormones, but 
not containing antibiotics, medicaments containing alkaloids or derivatives thereof but not containing hormones or antibiotics and medicaments containing provitamins, 
vitamins or derivatives thereof used as 
vitamins) 0.47
 0.0 2     
210111 Extracts, essences and concentrates, of 
coffee 0.43 0.0 2     WT/REG314/1 
 
- 51 - 
 
  Colombia's top export products in 2011, 2012, 2013  Access Conditions to Un ited States' import 
markets  
MFN (2012)  Duty-free 
in 
No. of lines 
remaining 
dutiable  
HS number and description of the product  Share 
in 
global 
exports 
(%) Average 
MFN 
applied 
rate 
(%) No. of tariff 
lines  
2012 
2026 Duty-free 
Dutiable 
170490 Sugar confectionery not containing cocoa, 
incl. white chocolate (excl. chewing gum) 0.41 11.8 1 7 4 1 2  
060312 Fresh cut carnations and buds, of a kind 
suitable for bouquets or for ornamental 
purposes 0.39 4.8  2 2   
010229 Live cattle (excl. pure-bred for breeding)  0.35 0.2 1 1 1   
961900 Sanitary towels (pads) and tampons, 
napkins and napkin liners for babies, and 
similar articles, of any material 0.33 7.6 2 17 17   
710813 Gold, incl. gold plated with platinum, in 
semi-manufactured forms, for non-monetary 
purposes 0.30 1.4 2 1 1   
Total of above 82.65   19 58 54 1 3 
Note: Based on HS 2012 nomenclature. 
Source:  WTO estimates based on data provided by  the United States and UNSD, Comtrade database. 
4. The top 25 exports of the United States in the Colombian market accounted for 25.7% of its 
global exports during 2011-2013 and covered 99 lin es. Of these, one line was duty free on an MFN 
basis in 2012, with 53 liberalized in 2012 for Colombian exports. A further 12 and 28 lines are to 
be liberalized respectively in 2016 and 2021. The remaining five lines are to be liberalized by 
2023. 
Table A2.4 Colombia: Market access opport unities under the agreement for United 
States' top 25 exports  
United States' top export  products in 2011, 2012, 2013  Access Conditions to Colombia's import 
markets  
MFN (2012)  Duty-free in  
HS number and description of the product  Share 
in 
global 
exports 
(%) Average 
MFN 
applied 
rate 
(%) No. of 
tariff 
lines  
2012 
2016 
2021 
2023 Duty-
free 
Dutiable 
271019 Medium oils and preparations, of petroleum or 
bituminous minerals, not containing biodiesel, n.e.s. 3.92
 5.0  17 6 1 10   
710812 Gold, incl. gold plated with platinum, unwrought, 
for non-monetary purposes (excl. gold in powder 
form) 1.95 5.0  1  1   
271012 Light oils and preparations, of petroleum  or 
bituminous minerals which >= 90% by volume "incl. losses" distil at 210°C "ASTM D 86 method" (excl. containing biodiesel) 1.73
 5.0  10 5  5   
870323 Motor cars and other motor vehicles principally 
designed for the transport of persons, incl. station 
wagons and racing cars, with spark-ignition 
internal combustion reciprocating piston engine of 
a cylinder capacity > 1.500 cm³ but <= 3.000 
cm³ (excl. vehicles for the transport of persons on 
snow and other specially designed vehicles of 
subheading 8703.10) 1.45 35.0  4   4  
870324 Motor cars and other motor vehicles principally 
designed for the transport of persons, incl. station 
wagons and racing cars, with spark-ignition internal combustion reciprocating piston engine of a cylinder capacity > 3.000 cm³ (excl. vehicles for the transport of persons on snow and other 
specially designed vehicles of subheading 
8703.10) 1.34
 35.0  4 2  2   WT/REG314/1 
 
- 52 - 
 
  United States' top export  products in 2011, 2012, 2013  Access Conditions to Colombia's import 
markets  
MFN (2012)  Duty-free in  
HS number and description of the product  Share 
in 
global 
exports 
(%) Average 
MFN 
applied 
rate 
(%) No. of 
tariff 
lines  
2012 
2016 
2021 
2023 Duty-
free 
Dutiable 
300490 Medicaments consisting of mixed or unmixed 
products for therapeutic or prophylactic purposes, 
put up in measured doses "incl. those in the form 
of transdermal administration" or in forms or 
packings for retail sale (excl. medicaments 
containing antibiotics, medicaments containing 
hormones or steroids used as hormones, but not 
containing antibiotics, medicaments containing 
alkaloids or derivatives thereof but not containing 
hormones or antibiotics and medicaments 
containing provitamins, vitamins or derivatives 
thereof used as vitamins) 1.32 7.9  7 7    
120190 Soya beans, whether or not broken (excl. seed for 
sowing) 1.19 15.0  1 1    
710239 Diamonds, worked, but not mounted or set (excl. 
industrial diamonds) 1.16 5.0  1   1  
854231 Electronic integrated circuits as processors and 
controllers, whether or not combined with memories, converters, logic circuits, amplifiers, clock and timing circuits, or other circuits 1.10
 5.0  1 1    
851762 Machines for the reception, conversion and 
transmission or regeneration of voice, images or 
other data, incl. switching and routing apparatus 
(excl. telephone sets, telephones for cellular 
networks or for other wireless networks) 1.00 5.0  3 3    
271020 Petroleum oils and oils obtained from bituminous 
minerals (other than crude) and preparations n.e.s. or included, containing by weight 70 % or 
more of petroleum oils or of oils obtained from 
bituminous minerals, these oils being the basic constituents of the preparations, containing biodiesel (excl. waste oils) 0.99
 5.0  1   1   
847330 Parts and accessories of automatic data-
processing machines or for other machines of 
heading 8471, n.e.s. 0.96 5.0  1 1    
270112 Bituminous coal, whether or not pulverised, non-
agglomerated 0.88 5.0  2 2    
870899 Parts and accessories, for tractors, motor vehicles 
for the transport of ten or more persons, motor 
cars and other motor vehicles principally designed 
for the transport of persons, motor vehicles for the 
transport of goods and special purpose motor 
vehicles, n.e.s. 0.73 7.1  12 8 4   
901890 Instruments and appliances used in medical, 
surgical or veterinary sciences, n.e.s. 0.70 5.0  2 2    
100590 Maize (excl. seed for sowing) 0.64 18.3  6 1   5 
870829 Parts and accessories of bodies for tractors, motor 
vehicles for the transport of ten or more persons, 
motor cars and other motor vehicles principally designed for the transport of persons, motor vehicles for the transport of goods and special purpose motor vehicles (excl. bumpers and parts 
thereof and safety seat belts) 0.59
 9.2  6  6   
854239 Electronic integrated circuits (excl. such as 
processors, controllers, memories and amplifiers) 0.58 5.0  1 1    
870431 Motor vehicles for the transport of goods, with 
spark-ignition internal combustion piston engine, of a gross vehicle weight <= 5 t (excl. dumpers for off-highway use of subheading 8704.10 and special purpose motor vehicles of heading 8705) 0.52
 22.5  4   4   
100199 Wheat and meslin (excl. seed for sowing, and 
durum wheat) 0.51 10.0  3 3    
851712 Telephones for cellular networks "mobile 
telephones" or for other wireless networks 0.51 5.0  1 1    WT/REG314/1 
 
- 53 - 
 
  United States' top export  products in 2011, 2012, 2013  Access Conditions to Colombia's import 
markets  
MFN (2012)  Duty-free in  
HS number and description of the product  Share 
in 
global 
exports 
(%) Average 
MFN 
applied 
rate 
(%) No. of 
tariff 
lines  
2012 
2016 
2021 
2023 Duty-
free 
Dutiable 
711319 Articles of jewellery and parts thereof, of precious 
metal other than silver, whether or not plated or 
clad with precious metal (excl. articles > 100 
years old) 0.51 15.0  1   1  
720449 Waste and scrap of iron or steel (excl. slag, scale 
and other waste of the production of iron and steel; radioactive waste and scrap; fragments of pigs, blocks or other primary forms of pig iron or 
spiegeleisen; waste and scrap of cast iron, alloy 
steel or tinned iron or steel; turnings, shavings, chips, milling waste, sawdust, filings, trimmings and stampings; waste and scrap of primary cells, primary batteries and electric accumulators) 0.49
 0.0 1      
300210 Antisera and other blood fractions and 
immunological products, whether or not modified 
or obtained by means of biotechnological 
processes 0.46 5.0  8 8    
854232 Electronic integrated circuits as memories  0.45 5.0  1 1    
Total of above 25.68   1 98 53 12 28 5 
Note: Based on HS 2012 nomenclature. 
Source: WTO estimates based on data provided  by Colombia, and UNSD, Comtrade database. WT/REG314/1 
 
- 54 - 
 
  ANNEX 3 
Table A3.1 United States tariff-rate quotas in favour of Colombian suppliers under the 
Agreement, agricultural products  
HS tariff line code (description) Base rate 
(Average) Duty-free in-quota quantity  
(metric tons) In-
quota 
duty Date 
Duty 
Free 
Beef:  
0201.10.50, 0201.20.80, 0201.30.80, 0202.10.50, 0202.20.80, 0202.30.80 23.70% 5,250 rising to 7,757 in year 9,  
thereafter unlimited 0 2021 
Butter:  
0403.90.78, 0405.10.20, 0405.20.30, 
0405.90.20, 2106.90.26, 2106.90.36 $1.64/kga 2,200 rising to 5,187 in year 10,  
thereafter unlimited 0 2022 
Cheese:  
0406.10.08, 0406.10.18, 0406.10.28, 0406.10.38, 0406.10.48, 0406.10.58, 0406.10.68, 0406.10.78, 0406.10.88, 0406.20.28, 0406.20.33, 0406.20.39, 0406.20.48, 0406.20.53, 0406.20.63, 0406.20.67, 0406.20.71, 0406.20.75, 0406.20.79, 0406.20.83, 0406.20.87, 0406.20.91, 0406.30.18, 0406.30.28, 0406.30.38, 0406.30.48, 0406.30.53, 0406.30.63, 0406.30.67, 0406.30.71, 0406.30.75, 0406.30.79, 0406.30.83, 
0406.30.87, 0406.30.91, 0406.40.70, 
0406.90.12, 0406.90.18, 0406.90.32, 0406.90.37, 0406.90.42, 0406.90.48, 0406.90.54, 0406.90.68, 0406.90.74, 0406.90.78, 0406.90.84, 0406.90.88, 0406.90.92, 0406.90.94, 0406.90.97, 1901.90.36 $1.94/kg 5,060 rising to 17,468 in year 14,  
thereafter unlimited 0 2026 
Fluid Milk and Cream:  
0401.40.25, 0401.50.25, 0401.50.75, 
0403.90.16 $0.90/lt 110 rising to 259 in year 10,  
thereafter unlimited 0 2022 
Ice Cream:  
2105.00.20 $0.456/kg 
+ 15.4% 330 rising to 778 in year 10,  
thereafter unlimited 0 2022 
Processed Dairy Products:  
0402.29.50, 0402.99.90, 0403.10.50, 
0403.90.95, 0404.10.15, 0404.90.50, 
0405.20.70, 1517.90.60, 1704.90.58, 
1806.20.82, 1806.20.83, 1806.32.70, 
1806.32.80, 1806.90.08, 1806.90.10, 
1901.10.30, 1901.10.40, 1901.10.75, 
1901.10.85, 1901.20.15, 1901.20.50, 
1901.90.43, 1901.90.47, 2105.00.40, 
2106.90.09, 2106.90.66, 2106.90.87, 
2202.90.28 $0.51/kg + 
12.8% 2,200 rising to 7,595 in year 14,  
thereafter unlimited 0 2026 
Sugar:  
1701.12.50, 1701.13.50, 1701.14.50, 1701.91.30, 1701.91.48, 1701.91.58, 1701.99.50, 1702.20.28, 1702.30.28, 1702.40.28, 1702.60.28, 1702.90.20, 
1702.90.58, 1702.90.68, 1704.90.68, 
1704.90.78, 1806.10.15, 1806.10.28, 1806.10.38, 1806.10.55, 1806.10.75, 1806.20.73, 1806.20.77, 1806.20.94, 1806.20.98, 1806.90.39, 1806.90.49, 1806.90.59, 1901.20.25, 1901.20.35, 1901.20.60, 1901.20.70, 1901.90.54, 1901.90.58, 2101.12.38, 2101.12.48, 2101.12.58, 2101.20.38, 2101.20.48, 2101.20.58, 2103.90.78, 2106.90.46, 2106.90.72, 2106.90.76, 2106.90.80, 2106.90.91, 2106.90.94, 2106.90.97 $0.35/kg + 
7.8% 
b 50,000 rising to 60,500 in year 15,  
thereafter growing at 750 per year 0c .. WT/REG314/1 
 
- 55 - 
 
  HS tariff line code (description) Base rate 
(Average) Duty-free in-quota quantity  
(metric tons) In-
quota 
duty Date 
Duty 
Free 
Tobacco:  
2401.10.65, 2401.20.35, 2401.20.87, 
2401.30.70, 2403.19.90, 2403.91.47, 
2403.99.90 326.60% 4,200 rising to 7,920 in year 14,  
thereafter unlimited 0 2026 
a Plus ad valorem  component (7.0%) in the case of Butter Substitutes of 45% butterfat.  
b The ad valorem  component does not apply for Raw Sugar, Maple or Raw Sugar Syrup, and Cocoa 
Powder. 
c The duty free tariff treatment for Colombia shall be accorded to the lesser of (i) the aggregate 
quantity set out in for the given year, or (ii) a quantity equal to the amount by which Colombia's 
exports to all destinations exceeds its imports from all sources ("trade surplus") for goods classified 
under the following subheadings: HS1701.11 , HS1701.12, HS1701.91, HS1701.99, HS1702.40, and 
HS1702.60, except that Colombia's exports to the United States of goods classified under subheadings HS1701.11, HS1701.12, HS1701.91, and HS1701.99 and its imports of originating 
goods of the United States clas sified under HS1702.40 and HS1702.60 shall not be included in the 
calculation of its trade surplus. Colombia's trade surplus shall be calculated using the most recent 
annual data available. 
.. Not available.  
Source: WTO estimates, based on data provided by National Authorities.  
Table A3.2 Tariff-rate quotas maintained by Colombia on U.S. imports of agricultural products 
under the Agreement  
HS tariff line code (description) Base 
Rate 
(Avg.) Duty-free in-
quota quantity 
(metric tons) Out of quota 
Duty 
Staging 
category Date 
duty-
free 
Standard quality beef (other than high quality 
beef): 0201.20.00, 0201.30.00, 0202.20.00, 
0202.30.00  50.0% 2,100 rising to 
3,103 in year 9, thereafter unlimited V 2021 
Variety Meats:  
0206.10.00, 0206.21.00, 0206.22.00, 0206.29.00, 
0504.00.10, 0504.00.20, 0504.00.30  47.3% 4,642 rising to 
7,124 in year 9, 
thereafter unlimited V 2021 
Spent Fowl (Chickens):   
0207.11.00, 0207.12.00  42.5% 412 rising to 661 in 
year 17, thereafter unlimited BB 2029 
Chicken Leg Quarters:  
0207.13.00, 0207.14.00  117.2% 27,040 rising to 
50,645 in year 17, 
thereafter unlimited X 2029 
1602.32.10   Y 2029 
Milk Powder:  
0402.10.10, 0402.10.90, 0402.21.11, 0402.21.19, 
0402.21.91, 0402.21.99  30.8% 5,500 rising to 
18,987 in year 14, 
thereafter unlimited D 2026 
Yogurt:  
0403.10.00  18.7% 110 rising to 380 in 
year 14, thereafter unlimited D 2026 
Butter:  
0405.10.00, 0405.20.00, 0405.90.20, 0405.90.90  30% 550 rising to 1,297 
in year 10, 
thereafter unlimited T 2026 
Cheese:  
0406.10.00, 0406.20.00, 0406.30.00, 0406.40.00, 0406.90.40, 0406.90.50, 0406.90.60, 0406.90.90  26.3% 2,310 rising to 
7,975 in year 14, thereafter unlimited D 2026 
Processed Dairy Products:  
1901.10.10, 1901.10.91, 1901.10.99  18.7% 1,100 rising to 
3,797 in year 14, 
thereafter unlimited D 2026 
Ice Cream:  
2105.00.10, 2105.00.90  18.2% 330 rising to 778 in 
year 10, thereafter unlimited T 2026 
Dried Beans:  
0713.31.90, 0713.32.90, 0713.33.91, 0713.33.92, 
0713.33.99, 0713.34.90, 0713.35.90, 0713.39.91, 
0713.39.99  40.2% 15,750 rising 
to23,270 in year 9, 
thereafter unlimited W 2021 WT/REG314/1 
 
- 56 - 
 
  HS tariff line code (description) Base 
Rate 
(Avg.) Duty-free in-
quota quantity 
(metric tons) Out of quota 
Duty 
Staging 
category Date 
duty-
free 
Yellow Corn:  
1005.90.11  22.9% 2,100,000 rising to 
3,420,679 in year 11, thereafter unlimited N 2023 
White Corn:  
1005.90.12  18.3% 136,500 rising to 
222,344 in year 11, 
thereafter unlimited N 2023 
Sorghum: 
1007.90.00  22.9% 21,000 rising to 
34,207 in year 11, thereafter unlimited N 2023 
Glucose: 
1702.30.20, 1702.30.90  25.2% 10,500 rising to 
15,513 in year 9, 
thereafter unlimited C 2021 
Pet Food: 
2309.10.90  24.5% 8,640 rising to 
13,711 in year 7, thereafter unlimited L 2019 
Animal Feeds:  
2309.90.20, 2309.90.90  18.3% 194,250 rising to 
316,413 in year 11, 
thereafter unlimited N 2023 
Rice: 
1006.10.90, 1006.20.00, 1006.30.00, 1006.30.00, 1006.40.00  80.0% 79,000 rising to 
166,957 in year 18, thereafter unlimited Z 2030 
Crude Soybean Oil:  
1507.10.00  21.6% 31,200 rising to 
42,699 in year 9, 
thereafter unlimited C 2021 
Source: WTO estimates, based on data provided by National Authorities. 
 
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