Non-conforming measures in the FTA with the United States, and general reservations of the FTA with the European Union for the protection of national cultural content and promotion of the access of national content

Ministry of Commerce, Industry and Tourism
Key objectives of the measure:

To safeguard the cultural industries through measures that ensure public incentives for domestic producers and promote access to national content, facing the implementation of the Free Trade Agreement with the United States and the Free Trade Agreement with the European Union.

Scope of the measure:
National, International
Nature of the measure:
Main feature of the measure:

Colombia reserves the right to adopt or maintain any measure granting preferential treatment to persons of any other country through any treaty between Colombia and that country which contains specific commitments in matters of cultural cooperation or co-production, with respect to cultural industries and activities.

Colombia may apply incentives for the promotion of cultural industries and activities, without violating the National Treatment and Most-Favored-Nation Treatment obligations of Chapter 10 on foreign investment.

Colombia reserves the right to adopt or maintain any measure conditioning the one-time or continuous delivery of government support for the development and production of jewelry, performing arts, music, visual arts and publishing, to the recipient reaching a given level or percentage of domestic creative content. These measures must be consistent with the WTO Agreement on Trade-Related Investment Measures.

Colombia reserves its right to take measures to facilitate access to Colombian audiovisual content through interactive audio and video services, when the government determines that this is not the case. These measures must be in line with the WTO General Agreement on Trade in Services (GATS). Annex II-COL-14 and 15 specify the conditions for the operation of one of these measures.

Also, to protect community television production and services, it is established that they can only be supplied by communities organized and legally constituted in Colombia as foundations, cooperatives, associations, or corporations governed by civil law. For greater certainty, these services have restrictions regarding the area of coverage, number and type of channels: they can be offered to no more than 6,000 associates or community members and must be offered in the form of closed-network local access channels.

Results expected through the implementation of the measure:

To maintain a steady production of national content, against the possible arrival of content and works from the United States as a consequence of the FTA, which has the objective of easing the barriers for the trade of goods and services.

Financial resources allocated to implement the measure:

Does not apply