Colombia International Trade in Legal Services

Is there legislation governing the legal sector

Decree 196 of 1971 (Statute for the Practice of Law)
Decree 1137 of 1971 (This Decree regulates some provisions of Decree 196 of 1971)
Law 1123 of 2007 (Disciplinary Code of the Legal Profession)

Under what title do lawyers practise?

Abogado (a) (attorney)

How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?

Under Colombian Law an individual must meet the following requirements in order to obtain the professional licence:
1) Have a law degree from a Colombian School of Law dully recognized by the Government.
Foreign lawyers can apply to obtain the professional licence by homologating his/her law degree. For that purpose the academic title obtained in a foreign University must be subject to an administrative proceeding carried out before the Colombian Ministry of Education in order to obtain recognition. In addition, the applicant must take several tests on local law.
2) To have legal residence in Colombia.
When requirements 1 and 2 are met, the applicant will be eligible for the registration before the National Registry of Attorneys (held by the Consejo Superior de la Judicatura).
The applicant must provide a copy of his/her ID and pay the official fees – currently approximately USD$27.
There is no expiry date for a Lawyer Professional License.

Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits

Holders of a professional licence are entitled to practice throughout the country.

Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction?

Under Article 24 of the Statute for the Practice of Law, the exercise of the legal profession is reserved to licensed lawyers. However there are some exceptions to this general rule, for instance: (i) arbitrators in international arbitration proceedings conducted in Colombia; (ii) arbitrators ruling on local arbitration proceedings related to disputes that not involve the use and interpretation of law (i.e. technical disputes, ex aequo et bono decisions);  (iv) individuals litigating their own causes as long as the claim’s value does not exceed the amount permitted by law (US $12.410 aprox.); (iii) Judges of Peace (“Jueces de Paz”).

The Colombian legal system does not provide the requirement to hold local nationality to be eligible to practise law, but legal residence in Colombia is required.
Arbitrators dealing with local arbitration proceedings must hold local nationality.

Lawyers in Colombia are not subject to restrictions on the legal form in which they can exercise the legal profession.

What other ethical or regulatory requirements must a licensed lawyer comply with? 

Articles 71, 72, 73 and 74 of the Colombian Code of Civil Procedure (duties of the attorneys, liability of the attorneys before their clients, general prohibition to act in bad faith -mala fe o temeridad-).

Do law firms need to receive a "license" (or permission/approval) to practice law?

Colombian law firms are not deemed to obtain a licence, permission or approval in order to “practise law”.
Partnerships constituted by licensed lawyers to practice law, must comply with the pertinent legal local requirements according to its nature, as any other commercial partnership.  

Which authority issues licences? Are there different authorities for individuals and firms? 

The “Consejo Superior de la Judicatura” is the national authority in charge of issuing licenses for individual lawyers. Firms are not required to obtain a licence to practise law. 

Is the jurisdiction a member of the WTO?

Colombia joined the WTO on April 30^th of 1995.

Has it made any commitments under GATS in legal services?

Colombia entered on the General Agreement on Trade in Services. 

Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries?

In addition to the customs union with the CAN-MERCOSUR, Colombia has executed Free Trade Agreements with EFTA, Mexico, El Salvador, Guatemala, Honduras, Chile, Canada, and USA.
Free Trade Agreements with Israel, South Korea and Costa Rica are pending for the pertinent approval in the Colombian Congress.
Furthermore, Colombia has signed different Special Commercial Agreements with Venezuela, Nicaragua, Peru and the EU (pending approval before the Constitutional Court of Colombia), and CARICOM.

Colombia's bilateral agreement with Mexico covers services in general. The parties of this agreement committed to recognize mutually professional licenses issued in their countries without any administrative procedure, however, this commitment is not yet in force. 
Agreements executed with EFTA, EU, Chile, Canada, USA, Cuba, Honduras, Salvador and Guatemala also cover services in general, but they do not eliminate the administrative proceeding necessary for the recognition of Professional Law Licences.
CARICOM does not include direct commitments on trade on services, but the parties of the agreement commit to negotiate on this regard.

Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements?

No

The Colombian legal market is only open to local firms and licensed lawyers that comply with the requirements indicated above. However, international law firms may carry out business in Colombia throughout the establishment of local partnerships or subsidiaries duly constituted and recognized by local authorities (Norton Rose, Holland & Knight, Garrigues, Baker & McKenzie, Cremades & Calvo – Sotelo are examples of foreign law firms that currently carry out business in Colombia).

Foreign lawyers are allowed to practice law in Colombia only if they obtain their Professional Licence before the Consejo Superior de la Judicatura.

Yes. The foreign lawyer will need to apply for a “Permission to Enter and Remain PIP-6” before the Special Administrative Unit Migración Colombia according to article 21 of the Decree 834 of 2013.

Under Colombian Law there is no requirement for a limited licence to establish and practise as a foreign legal consultant.

Not applicable

Not applicable

Foreign lawyers are able to practice law in Colombia only if they obtain their Professional Licence before the Consejo Superior de la Judicatura.

Can foreign lawyers requalify as local lawyers?

Foreign lawyers can requalify as local lawyers.

Can a foreign law firm obtain a licence to open an office?

Under Colombian law, firms do not require a “licence”. The Colombian legal market is permitted only for local firms and licensed lawyers that comply with the requirements set forth by local law. International law firms may carry out business in Colombia throughout the establishment of local partnerships or subsidiaries duly constituted and recognized by local authorities. Lawyers, who are members of those local partnerships or subsidiaries, and intending to practice law in Colombia, must hold a local professional licence.

Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc)

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

No.  However, foreign investments in the legal sector in Colombia would need to comply with local regulations.

Yes

Yes

Yes. But if the foreign lawyer intends to practice law in Colombia, he/she must hold a local professional licence.

National Registry of Attorneys website: http://gacetadelforo.ramajudicial.gov.co/gaceta_del_foro/
Ministry of Commerce, Industry and Tourism. Section of bilateral and multilateral agreements which offer special treatment in Colombia to businesses or individuals from particular countries:
http://www.mincit.gov.co/tlc/publicaciones.php?id=5398