Immigration Regime

GUÍA PARA INVERTIR EN BOGOTÁ
2015
Guide to
INVEST IN
BOGOTA
2015
1
GUIDE TO
INVEST IN
BOGOTA
2015
Original texts
Araújo Ibarra & Asociados
Editing
Invest in Bogota
Design and Layout
Invest in Bogota
2015
GUÍA PARA INVERTIR EN BOGOTÁ
2015
CONTENTS
4.
I. IMMIGRATION REGIME
7.
II. CREATING A COMPANY
29.
V. FOREIGN INVESTMENT IN
COLOMBIA
a. Countries whose citizens do not
require a temporary visitor’s visa.
b. Types of visas.
c. Visa application process.
d. Institutions where visa
applications can be filed.
e. Foreigner’s identity card.
f. Applicable legal framework.
15.
III BANKING RELATIONS
a. Types of corporate entities.
b. Procedure for establishing a
company and subsequent
activities.
c. Branch of a foreign company.
d. Investor assistance programs.
e. Related institutions.
f. Applicable legal framework.
19.
IV. TAX REGIME
a. Foreign investment registration.
b. Foreign exchange rights granted
by the registry of the investment.
c. Types of investment.
d. Types of foreign investment in
Colombia.
e. Kinds of Colombian investment in
foreign countries.
f. Principles of the foreign investment
regime.
g. Applicable legal framework.
38.
VII. VII. FOREIGN EXCHANGE
REGIME
a. Introduction to the Colombian
financial system.
b. Related entities.
c. Bank accounts.
d. References.
a. National taxes.
b. Departmental taxes.
c. Municipal taxes.
d. References.
a. Relevant concepts.
b. Sanctions.
c. Related entities.
d. Applicable legal framework.
33.
VI. INCENTIVES TO FOREIGN
INVESTMENT
a. Duty-free zones regime.
b. Fiscal incentives.
c. Plan Vallejo.
d. Applicable legal framework.
41.
VIII. PURCHASE AND LEASING
OF REAL ESTATE
a. General information on purchase
of real estate.
b. General information on leasing
of real estate.
48.
IX. LABOR REGIME
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GUIDE TO INVEST IN BOGOTA
2015
IMMIGRATION REGIME
a.
COUNTRIES WHOSE CITIZENS DO NOT REQUIRE
A TEMPORARY VISITOR’S VISA
The starting point for people who intend to enter Colombia without wanting
to remain in the country but whose aim is to engage in sports or cultural
activities; seminars, conferences, symposiums or exhibitions; courses,
studies (that do not surpass an academic semester); medical treatment; job
interviews and the establishment of commercial or corporative contacts is to
verify whether they belong to a country whose citizens are not required to
have a temporary visitor’s visa.
I.
IMMIGRATION REGIME
This chapter describes the policies
laid down by the Ministry of Foreign
Relations, which regulate the entrance
and departure of foreigners visiting the
country. It lists the countries whose
citizens do not require a visitor’s visa to
enter Colombia, as well as the different
categories of current visas and the
procedures required for those who
wish to undertake a commercial or
business activity in the country.
One should bear in mind that in these cases there must be no working link
with Colombia and permission to enter the country is granted for up to 90
calendar days from the entry date on the immigration stamp in the passport,
within the same year.
At the time of publication of this Guide, the country whose
citizens do not require a visitor’s visa to enter Colombia are:
Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas,
Barbados, Belgium, Belize, Bhutan, Bolivia, Brazil, Brunei Darussalam,
Canada, Chile, Costa Rica, Croatia, Cyprus Czech Republic, Denmark,
Dominica, Dominican Republic, Ecuador, El Salvador, Estonia, Fiji, Finland,
France, Germany, Granada, Greece, Guatemala, Guyana, Honduras, Hong
Kong, Hungary, Iceland, Indonesia, Ireland, Israel, Italy Jamaica, Japan,
Latvia, Liechtenstein, Lithuania, Luxembourg, Malaysia, Malta, Marshall
Islands, Mexico, Micronesia, Monaco, Netherlands, New Zealand, Norway,
Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines Poland,
Portugal, Romania, Russian Federation, Saint Kitts and Nevis, Saint Vincent
and the Grenadines, Samoa, San Marino, Singapore, Slovakia, Slovenia,
Solomon Islands, South Africa, South Korea, Spain, St. Lucia, Suriname,
Sweden, Switzerland, Taiwan, Trinidad and Tobago, Turkey, United Arab
Emirates, United Kingdom of Great Britain and Northern Ireland, Uruguay,
USA, Vatican City, Venezuela.
b.
TYPES OF VISAS
Depending on the interests of a foreign visitor to the country, there are
different classes of visas, which allow them to enter the country.
Table 1.1 shows the NE Business Visas that can be issued by the Ministry
of Foreign Relations.
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GUIDE TO INVEST IN BOGOTA
2015
IMMIGRATION REGIME
For further information on the different classes of visas and the
rates charged at the time of application, one may consult the
official website of the Ministry of Foreign Relations
Table 1.1
Visa Categories
TYPE OF VISA
NE-1
Business Visa
DESCRIPTION
CONDITIONS
PRICE *
For individuals interested in
conducting commercial and
business activities, fostering
economic exchange, investing
and creating a company.
May be issued for up to three
(3) years for multiple entries
and for stays of up to one
hundred and eighty (180)
continuous or discontinuous
days per year.
NE-2
Business Visa
Individuals interested in
conducting business under the
context of Agreements and/or
Treaties (FTA and APPRI, Pacific
Alliance, etc.).
May be issued for up to four
(4) years for multiple reentries
and authorizes a stay of
up to two (2) continuous
or discontinuous years
throughout the period.
Study:
USD 50
Visa:
USD 220
NE-3
Business Visa
For heads or representatives
of a government foreign trade
desks to promote economic
or trade exchanges.
It may be issued for up to
four (4) years for multiple
reentries and authorizes
a stay of up to four (4)
continuous or discontinuous
years throughout the period.
Study:
USD 50
Visa:
USD 270
NE-4
Business Visa
For individuals who accredit
their status as: President or
higher management in a
multinational company, with
the purpose of investing and
establishing a company.
May be issued for up to five
(5) years for multiple
re-entries and for stays of
up to one hundred and
eighty (180) continuous or
discontinuous days per year.
Study:
USD 50
Visa:
USD 270
Study:
USD 50
Visa:
USD 370
* Price as of the date of publication of this guide.
The above visas, except for the NE-1 may have as beneficiaries the spouse,
permanent partner, parent and children under twenty-five (25) who are financially
dependent on the titleholder, with proof of the bond or relationship, or economic
dependence. When the son or daughter over twenty-five (25) is disabled and
unable to fend for her/himself, she/he will be holder of the visa as a beneficiary.
The occupation of such beneficiaries will be the home or as a student, no others
are authorized.
http://www.cancilleria.gov.co/services/colombia/visas
or the Colombian consulate nearest to where you live.
c.
VISA APPLICATION PROCESS
Visas are granted by the Colombian Ministry of Foreign Relations, either directly or
through Colombian consulates in other countries, although the first application
must be generally made outside of the country. The visa application must be
directly processed by the foreigner or the legal entity for whom the foreigner
works or his or her legal representative. It may also be handled by a proxy, who
must personally present her or himself at the respective office responsible for
issuing visas, with her or his identity document.
The general requirements for applying for a visa are as follows:
• Present passport or travel document, issued by an Authority or State
recognized by the Colombian Government, valid for at least one hundred
and eighty (180) days, in good condition and with at least two (2) blank pages.
Without prejudice to the provisions of current international treaties and
instruments, travel documents issued by the Organization of American States
(Organización de Estados Americanos – OEA), accepted by the Colombian
State, will be deemed valid.
• Attach copy of the main page of the valid passport with the personal data of
the bearer.
• Process the visa application electronically or personally before the issuing
office. In the case of artistic, sports or cultural groups, the visa application may
be processed by their representatives, specifying the data of each member of
the group.
• Attach the documents that accredit compliance with the specific requirements
according to the type of visa.
• Copy of the page of the passport that is stamped with the last stamp of entry
to or exit from Colombia, as applicable.
Once the visa is granted, it is indispensable for the foreigner to take note of the
privileges and restrictions of the same, which will govern her or his activities in
the country.
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GUIDE TO INVEST IN BOGOTA
2015
IMMIGRATION REGIME
d.
The validity of the foreigner’s identity card is the same
as the term of the visa itself. Holders of a resident´s visa
must renew it every five (5) years.
INSTITUTIONS WHERE VISA APPLICATIONS CAN BE FILED
The entity at which the procedure is undertaken is the office for the Coordination
of Visas and Immigration of the Ministry of Foreign Relations, when the person
is in Colombia; when, on the contrary, the person is abroad, the procedure is
undertaken at the consulates or consular sections of Colombian embassies.
Contact entity: Ministry of Foreign Relations (Ministerio de Relaciones Exteriores)
– Office for the Coordination of Visas and Immigration (Coordinación de Visas
e Inmigración): Telephone: 57 (1) - 3814000.
More detailed information about the requirements, as well as the
application forms, may be found at the following websites:
www.cancilleria.gov.co
www.gobiernoenlinea.gov.co, “Trámites” (Processing) section.
e.
FOREIGNER’S IDENTITY CARD
The foreigner’s identity card (cédula de extranjería) is an identity document
granted to foreigners who hold a visa whose term is longer than three
(3) months and to their beneficiaries, except in the case of visitor’s and
preferential (diplomatic, official and services) visas. Once it is obtained, it
allows foreigners to enter into contracts, undertake banking operations and
transactions and engage in procedures with entities, among other privileges.
According to Article 53 of Decree 019 of 2012, all foreign citizens who are
holders of a visa, except for the holders of a preferential and visitor’s visa
must be registered in the Foreigners Registry through the National System
for the Registration of Foreign Citizens, included on the website of the
Colombian Special Migration Administrative Unit. This registration must be
carried out within 15 calendar days as of their date of entry into the country,
or as of the date on which the visa was issued, if obtained while within the
national territory. This proceeding will be a requirement for the issuing of
the Foreigner’s Identification, which shall be requested at the Centers for the
Facilitation of Migration Services nationwide.
f.
APPLICABLE LEGAL FRAMEWORK
• Decree 019 of 2012
• Resolution 113 of 2012
• Resolution 562 of 2012
• Resolution 779 of 2012
• Decree 834 of 2013
• Resolution 1112 of 2013
• Resolution 4130 of 2013
• Resolution 501 of 2014
• Resolution 2223 of 2014
• Resolution 1036 of 2014
• Resolution 532 of 2015
Links to relevant institutions
Government Online (Gobierno en línea) - Portal of the
Colombian State (Portal del Estado Colombiano):
www.gobiernoenlinea.gov.co, “Trámites” (Processing) section.
Minisitry of Foreign Affairs - Ministerio de Relaciones Exteriores:
www.cancilleria.gov.co
Colombian Special Migration Administrative Unit:
www.migracioncolombia.gov.co
Warning
The information outlined in this chapter has been prepared on the
basis of the norms in effect at time of publication. However, they may be
modified by subsequent regulations. Thus, before applying for a visa, it is
recommended that the applicant verify the details of the visa requirements
and application with the government authorities, Colombian consulates
and specialists in the field.
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LABOR REGIME
GUIDE TO INVEST IN BOGOTA
2015
GUIDE TO
INVEST IN
BOGOTA
2015
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GUIDE TO INVEST IN BOGOTA
2015
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