2. Highlights of the IPR
• The role of FDI in Colombia’s economic development
• Colombia’s adherence to the OECD Declaration on International
Investment
• Colombia and the OECD National Treatment Instrument
• Colombia and the OECD Guidelines for MNEs
• Colombia’s Policy Framework for Investment (PFI)
• Investment Framework for Green Growth
3. FDI in Colombia
• 4-year National Development Plan has FDI target - USD 13 billion in 2014
• Main sectors: Oil (24%), Mining & quarrying (21%), Manufacturing (20%),
financial services (13%);
• Main sources: USA (23% of stock); Panama (12%), Spain (11%);
• Privatisation contributed to a significant increase in private investment;
• Government aims to increase impact on jobs and infrastructure.
4. Colombia’s adherence to the OECD Declaration on International Investment
• Colombia is the 43rd adherent to the OECD Declaration on International
Investment and Multinational Enterprises;
• Supports an open investment environment & encourages responsible
investment by MNEs;
• Commitment to treat foreign and domestic investors equally and to
promote responsible business conduct;
• Colombia benefits from similar assurance from adherents to treat its
investors abroad fairly – relevant given the increase in OFDI;
• Adherents encourage their MNEs to operate responsibly in Colombia;
• Establishment by Colombia of a National Contact Point responsible for
promoting observance of the OECD Guidelines for Multinational
Enterprises;
• Strong stakeholder support for reform process.
5. Findings from the IPR: The National Treatment Instrument (NTI)
• Non-discrimination & equal treatment of investors embodied in
Colombia’s Political Constitution (1991), national treatment and MFN in
recent FTAs;
• Limited number of restrictions, and no trans-sectoral exceptions to NT,
some sectoral limitations (television broadcasting and fisheries);
• Notable openness in transport, telecoms & financial services, foreign
investors have equal access to government procurement, no exceptions
to NT for official aids, subsidies or tax matters;
• Some measures – for security reasons (eg landownership in border areas,
private security services) and generally in some sectors (some media,
public monopolies in production, import & export of liquors, gambling) -
to be notified for transparency.
6. 0.050
0.100
0.250
0.000
0.150
0.200
0.300
0.350
0.400
0.450
a
n
i
h
C
b
r
A
i
d
u
a
S
a
i
s
e
o
d
n
I
a
i
d
n
I
n
p
a
J
*Preliminary scores
d
n
l
a
Z
w
e
N
d
n
a
l
e
c
I
o
c
i
x
e
M
*
n
a
d
r
o
J
a
s
i
n
u
T
a
i
s
u
R
d
n
a
C
a
e
r
o
K
n
t
s
h
k
z
a
K
i
l
a
r
t
s
u
A
l
e
a
r
s
I
e
n
i
a
r
k
U
d
n
a
l
o
P
u
r
e
P
a
i
r
t
s
u
A
a
i
l
g
n
o
M
s
a
S
d
e
t
i
n
U
l
i
z
a
r
B
d
n
a
l
r
e
z
t
i
w
S
c
i
l
b
u
p
e
R
z
g
r
y
K
y
a
w
r
o
N
y
e
k
r
u
T
m
n
e
D
k
r
a
e
l
i
h
C
c
r
o
M
Closed 1; Open
i
v
t
a
L
t
p
y
g
E
Closed = =1; Open = 0 = 0
m
o
g
K
d
e
t
i
n
U
d
n
a
l
e
r
I
n
d
e
w
S
i
l
b
u
p
R
h
c
e
z
C
a
c
i
r
f
A
h
t
u
o
S
y
l
a
t
I
y
r
a
g
n
u
H
c
i
b
u
p
e
R
k
a
v
o
l
S
e
c
n
a
r
F
n
a
u
h
t
i
L
m
u
i
g
l
e
B
c
e
r
G
a
i
t
n
e
g
r
A
regimes according to the OECD FDI Restrictiveness Index
a
i
b
m
l
o
C
y
n
a
m
r
e
G
a
i
n
o
t
s
E
n
i
a
p
S
2012 FDI Regulatory Restrictiveness Index
d
a
l
n
i
F
Colombia ranks among the countries with the most open investment
s
d
n
a
l
r
h
t
e
N
i
n
a
m
o
R
a
i
n
e
v
o
l
S
l
a
g
u
t
r
o
P
OECD average
NON-OECD average
g
r
o
b
m
e
x
u
L
7. Responsible Business Conduct policies – MNE Guidelines
• No explicit RBC policy but numerous initiatives: corporate tools &
guidance, more companies taking CR measures in labour & environment;
Government has adopted a National Policy on Integrated Human Rights &
Humanitarian Law (2011), ratified 60 ILO Conventions;
• Measures to tackle informality & unemployment (Law on Formalising
Labour and Employment Generation, 2010), to encourage collective
bargaining, to strengthen workers’ protection (Public Safety Act ,2011);
• Party to all major environmental agreements (incl. UNFCCC, Kyoto),
environmental licensing ;
• Anti-corruption steps include the Anti-Corruption Statute (2011) – in
November 2011 the OECD Council invited Colombia to participate in the
OECD Working Group on Bribery and its accession to the OECD
Convention on Combating Bribery;
• Colombia will establish a National Contact Point (in MTIT) to oversee the
application of the MNE Guidelines – part of commitment to Declaration.
8. Colombia’s Policy Framework for Investment (PFI)
Party to ICSID, no case
of investor-state dispute
Domestic legislation at
times stricter than WTO
requirements
Improved regulatory FW,
quality of feasibility
studies, pricing certainty,
bidding conditions Concluded 8 bilateral
IIAs since 2005
• Investment Policy
• Investment Promotion & Facilitation
• Trade Policy
• Infrastructure
No complaints from
investors and all
investment incentives are
Colombia is a top-ten
granted to domestic &
foreign investors alike
business reformer
globally
9. Investment Framework for Green Growth
• Commitment to ensure economic growth and environmental protection
are mutually supportive;
• Measures include:
– strengthening the capacity of environmental authorities - creation of the
Ministry of Environment and Sustainable Development & co-ordinating
mechanisms);
– “green” investment incentives;
– promoting sustainable use of Colombia’s biodiversity;
• Good use of CDM (total of 154 approved projects);
• Low Carbon Development Strategy – promote growth in sectors with
lower greenhouse emissions;
• LCDS seeks to tap new financing options, transfer of clean technologies
and incentives for voluntary corporate environmental performance
improvements.
10. Thank you
Mike PFISTER, OECD Investment Division
Mike.Pfister@oecd.org
Tel: +33.1.45.24.84.48
www.oecd.org/daf/investment