 
 RESTRICTED  WORLD TRADE  
ORGANIZATION  S/WPDR/W/29 
7 July 2004 
 
 (04-2920) 
Working Party on Domestic Regulation  Original:  Spanish  
  
 
COMMUNICATION FROM COLOMBIA 
 
Examples of Measures Relating to Administrative Procedures
 
for Obtaining Visas or Entry Permits  
 
 
 The following communication from the delegati on of Colombia, dated 5 July 2004, is being 
circulated to members of the Work ing Party on Domestic Regulation. 
 
_______________ 
 
 
I. GENERAL 
1. The private sector in Colombia has identifie d administrative measures relating to procedures 
for obtaining and renewing visas or entry permits as the main obstacle to trade.  The surveys 
conducted by the public and private sectors lead to the conclusion that most of these measures make it 
difficult, or indeed impossible, for Colombian ente rprises to compete in international markets, and 
therefore constitute barriers to trade.  This direc tly affects trade in services supplied through the four 
modes recognized under the GATS. 
2. Various studies show that administrative procedures relating to migration affect any trade that 
requires the movement of natural pe rsons from one territory to another.   The type of persons affected 
in Colombia include, inter alia :  (i) business visitors who need to travel frequently to make or monitor 
their investments, persons involved in pre- and pos t-sales services, persons travelling to trade fairs 
and business meetings;  (ii)  intra-corporate transfer ees, such as auditors, lawyers, and support staff 
needed to deal with matters relating to employ ees linked to Colombian enterprises located abroad, 
technical assistance for maintenance and repair of m achinery, trainees;  (iii) contract suppliers and 
independent professionals offering professional and t echnical services in the areas of engineering, 
architecture, auditing, advertising, consulting, et c.  Singers, painters, writers and sportsmen and 
sportswomen supplying recreational, cultural and sporting services have also been affected. 
3. In recent discussions on the subject of trade and migration1 and negotiating proposals 
submitted to the Special Session of the Council for Trade in Services, it has been recognized that 
administrative measures relating to procedures for ob taining visas or entry perm its for natural persons 
providing services constitute one of the main ob stacles and undermine the value of existing 
commitments.  These proposals mention that the problem has a variety of sources, such as procedural delays, the complexity of the formalities, high costs,  lack of transparency, etc.  Matters are made 
worse by excessive discretionality and the failure of  migration policies to draw a clear distinction 
between temporary movement and permanent immigration.   
                                                     
 
1 Symposium on the Movement of Natural Persons (Mode 4) under the GATS, 11 and 12 April 2002; 
Expert Meeting on Mode 4, UNCTAD, 29-31 July 2003;  Seminar on Trade and Migration organized by the 
OECD, the IOM and the World Bank, 12-14 November 2003. S/WPDR/W/29 
Page 2  
 
 4. In many cases, we are dealing with regulatory issues that can be tackled through different 
approaches.  Certain Members have suggested different alternatives
2 for finding effective solutions to 
the problem, the aim being to ensure that the comm itments of Members in the area of market access 
are not rendered meaningless by the existence of pro cedures that are lacking in objective criteria and 
transparency and that are more burdensome than necessary. 
5. In order to stimulate discussions relating to administrative procedures, we have provided, in 
Section II below, a series of examples of regulatory measures relating to the procedures for processing and obtaining visas or entry permits for service suppliers.  
II. EXAMPLES OF MEASURES RELATING TO ADMINISTRATIVE PROCEDURES 
IN CONNECTION WITH VISA APPLICATIONS AND THE FORMALITIES FOR 
OBTAINING VISAS OR ENTRY PERMITS  
6. What follows is a series of examples of admi nistrative measures imposed by the immigration 
authorities for the issuance of visas or entry permits .  These examples are the result of a detailed study 
of cases provided by Colombian companies and service suppliers that face formalities of this kind on 
a daily basis, incur considerable expense, and c onfront obstacles which often make their business 
impossible.  The examples cover such elements as visa processing time, application fees, documents, 
requirements and conditions for visa applica tion, publication of formalities, etc. 
7. To facilitate discussion, the examples are grouped together as follows: 
• Application requirements and procedures  
• Necessary documentation 
• Processing time and length of stay 
• Application fees 
• Administration  
 8. Application requirements and procedures:  
• Applications must be  submitted personally. 
 
• A prior appointment is required.  Appoi ntments are granted up to eight months 
following the submission of the application.  
 
• Once the application has been received, a personal interview is  required before a 
reply can be given.  
 
• Visas are processed in the capital only. 
 
• The passport is retained during processing (i n some cases, passports remain up to two 
months in the Consulate).  This requirement prevents the applicant from going on other business trips.   
 
• Visas will only be granted/renewed if the applicant has visas from other countries.  
 
                                                     
 
2 Communication from India (S/CSS/W/12) of 24 November 2000;  Communication from a group of 
developing countries (TN/S/W/14);  Review of Progress as Established in Paragraph 15 of the Guidelines and 
Procedures for Negotiations on Trade in Services (TN/S/W/19).  S/WPDR/W/29 
 Page 3 
 
 
 9. Necessary documentation: 
• Each visa application requires, inter alia , an employment certificate, a copy of the 
salary statement, bank statements, police record, educational certificates and qualifications, etc.  Originals of the documents must be presented. 
 
• Applicants must provide hotel reservations and original air tickets.  Obtaining the 
originals of these documents means paying for them without any certainty that the visa will be granted.  
 
• There is a lack of transparency in the publication of the documentation required and 
relevant information.  
 
• The documents and procedures for renewing a visa are the same as those for 
obtaining a visa for the first time.  
 10. Processing time and length of stay: 
• The processing time is excessively long.  It can take up to three months to receive a 
reply once the papers have been submitted.   In cases requiring a prior appointment, it 
can take even longer - up to one year.  
 
• Authorized length of stay is very limited (one month).  
 
• No multiple visas are granted. 
 11. Application fees: 
• Visa application fees are high, perhaps higher than the approximate value of the 
services rendered.  The applicant pays the equivalent of up to US$160 for each application, an amount which is not refunded if the visa is denied.  
 
• Given the complexity of the process, the applicant will inevitably have to pay 
additional costs, such as travel to the capital, hotel reservations, etc.  
 
12. Administration: 
• Absence of pre-established procedures and lack  of predictability in the administration 
of procedures. 
 
• Lack of transparency in the procedures for obtaining visas or entry permits. 
 
III. GATS PROVISIONS RELATING TO ADMINISTRATIVE PROCEDURES 
13. In examining the above examples, it might be usef ul to take account of certain provisions of 
the GATS in order to help focus our discussions and find effective solutions to the problems.  
• Colombia recognizes and attaches great importance to the right of Members to 
regulate and to introduce new regulations on the supply of services within their territories in order to meet national policy objectives. 
 S/WPDR/W/29 
Page 4  
 
 • Nevertheless, there are specific cases in  which, though the intentions may be 
legitimate, regulations could be app lied in such a way as to undermine the 
commitments that have been negotiated.  Consequently, the various elements of 
Article VI  of the GATS are important to this analysis.  On the one hand, paragraph 1 
seeks the full implementation of the co mmitments assumed and stipulates that 
Members shall ensure that all measures of general application affecting trade in 
services are administered in a reasonable, objective and impartial manner.  At the same time, paragraph 4 is intended to address the trade-restrictiveness and burdensome nature of measures to ensure that they do not become unnecessary barriers to trade in services and undermine the liberalization of trade in services 
undertaken by Members.  
 
• The Annex on Movement of Natural Persons  Supplying Services under the Agreement  
contains elements which clarify and supplement the provisions of the Agreement as regards the scope of services supplied under Mode 4.  Colombia does not question the 
full right of governments to regulate the entr y or temporary stay of natural persons in 
their territory and the exclusion from the sc ope of the Agreement of any measure that 
affects the permanent access of persons to the labour market.  However, with respect 
to measures of a temporary nature, th e Annex establishes, among others, one 
fundamental element that is relevant to our discussions, namely the limitation of the 
regulatory capacity of governments to a pply measures which in no case nullify or 
impair the benefits accruing to any Member.  
 
14. Colombia is not questioning the actual fact of requiring a visa.  Its main concern revolves 
around the administrative procedures involved in applying for and obtaining a visa or entry permit, to the extent that they constitute trade barriers whic h could nullify or impair the benefits accruing to a 
Member. 
IV. CONCLUSIONS AND ISSUES TO BE CONSIDERED IN THE FUTURE 
15. The above considerations lead to the conc lusion that the introduction of burdensome 
administrative measures can result in trade barriers that prevent service suppliers from handling, in a 
prompt and efficient manner, offers and business trip s abroad.  This, in its turn, leads to loss of 
business and a consequent decrease in trade in services.   
16. The WTO services negotiations provide us with the opportunity to address certain substantive 
and procedural issues in this conn ection.  This is why Colombia has tabled negotiating proposals in 
the framework of the ongoing negotiations, and in specific requests to its trading partners
3, has 
stressed the need to find effectiv e solutions aimed at facilitating trad e in services and ensuring the full 
implementation of specific commitments made.   
17. In the case of goods, the multilateral system has recognized the need to establish disciplines 
to facilitate the flow of products.  Thus, Articles V, VIII and X of the GATT lay down a set of legal 
rules aimed at streamlining procedures and minimising the costs associated with exports and imports 
of goods.  As regards services, the GATS establishes a number of important principles, for example Article III, IV, VI and XVIII and the Annex on Natural Persons Supplying Services Under the 
Agreement, which should be taken into consider ation in these discussions.  Other WTO agreements 
probably also address issues that coul d be relevant to these discussions.   
                                                     
 
3 Communication from a group of developing countries, TN/S/W/14, of 3 July 2003;  specific requests 
submitted to 13 of Colombia's trading partners.  S/WPDR/W/29 
 Page 5 
 
 
 18. In order to contribute to the debate rega rding the development of disciplines under 
Article VI:4, we have provided below a series of questions aimed at stimulating and focusing our 
discussions: 
(a) Is there a relationship between the admini strative procedures pertaining to visas and 
possible disciplines under Article VI:4?  
(b) Which of the above examples could be described as measures covered by 
Article VI:4, and which coul d be covered by Articles XVI and XVII of the GATS?  
Which of these measures could be classified as measures of the two types? 
(c) According to a Secretariat document, licensing procedures are "administrative 
procedures relating to the submission and pr ocessing of an application for a licence, 
covering such matters as time-frames for th e processing of a licence, and the number 
of documents and the amount of informa tion required in the application for a 
licence".4  Bearing this in mind, do Members consider that visa procedures could be 
covered by this definition?  
(d) If not, do Members consider that they could be covered by any other item in 
Article VI:4, for example qualification procedures? 
(e) Are there any other GATS provisions that could cover visa procedures?  Perhaps 
Articles III, VI:1, VI:5 or VI:6? 
(f) Certain Members may consider that some of these measures are not covered by 
Article VI:4, by Articles XVI and XVII, or indeed by other GATS provisions.  If so, and bearing in mind that certain measures c onstitute restrictions on trade, would it not 
be useful to exchange views as to where it would be most appropriate to address 
them?   
(g) Lastly, we must ask ourselves whether it is  possible to develop less burdensome but 
equally effective regulations in order to  attain the objective that has been set. 
__________ 
                                                     
 
4 Note by the Secretariat, document S/WPPS/W/9 of 11 September 1996. 