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Energy & Climate Change

Colombia

With over 450 lawyers, the CMS Energy and Climate Change practice is one of the world’s largest. We provide crucial advice to governments and businesses as they engage with the challenge of climate change and shape their responses to it.

Since the 1980s we have led the way in designing and implementing modern energy markets around the world.

The Colombian energy sector is very complex and entails significant regulatory and contractual challenges that may vary depending on whether it relates to electricity –with different regulations for the activities of energy generation, transmission, commercialization and distribution –, the mining sector, oil and gas or renewable energy generation.

CMS advises both the Colombian Government and private investors in the structuring, design and implementation of energy projects.

The firm has played a significant role in shaping the legal framework for the energy industry in Colombia with a key participation in the creation of the Fund for Non-Conventional Energy and Efficient Energy Management (FENOGE), the first public fund created exclusively to finance unconventional energy sources and efficient energy management programs in the country.

Moreover, the firm acted as lead counsel to the Colombian Government– Ministry of Mines and Energy and the National Hydrocarbons Agency (ANH), in the design, drafting and implementation of the new Offshore exploration and production contract that is currently in force in Colombia.

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21/04/2021
BRI - View from LatAm
China’s Belt and Road Ini­ti­at­ive (BRI) is where some of the key is­sues of our time in­ter­sect, in­clud­ing glob­al­isa­tion, sus­tain­ab­il­ity, the mod­ern­isa­tion of in­fra­struc­ture, new tech­no­logy and health­care. But it also marks the con­ver­gence of some ser­i­ous con­cerns, such as en­vir­on­ment­al pro­tec­tion, in­ter­na­tion­al debt, the Cov­id-19 pan­dem­ic and, in­creas­ingly, geo­pol­it­ic­al ten­sions between the US and China.Our new re­port shows that sen­ti­ment to­wards BRI in Lat­in Amer­ica re­mains re­l­at­ively pos­it­ive, des­pite such head­winds. From the in­volve­ment of Chinese busi­nesses in Panama Canal ports to Chinese in­vest­ments in lith­i­um min­ing and re­new­able en­ergy, trans-Pa­cific con­nec­tions between Lat­in Amer­ic­an eco­nom­ies and China’s Asi­an power­house con­tin­ue to grow.China’s am­bi­tions to ad­vance Belt and Road co­oper­a­tion high­light the po­ten­tial for BRI to help na­tions in Lat­in Amer­ica bridge the re­gion’s massive in­fra­struc­ture gap and re­cov­er from the ter­rible dam­age of the pan­dem­ic, as well as of­fer­ing many new op­por­tun­it­ies for re­gion­al busi­nesses and in­vestors. 
15/04/2021
Law and reg­u­la­tion of con­sequen­tial dam­ages clauses in the en­ergy sec­tor...
1. Do the words “con­sequen­tial loss” have a giv­en mean­ing in law? No. The words “con­sequen­tial loss” have no giv­en or re­cog­nised mean­ing in Colom­bi­an law. It is not even found in the Civil Colom­bi­an...
22/04/2021
What does Chin­a's Belt and Road Ini­ti­at­ive mean for Lat­in Amer­ica?
The Belt and Road Ini­ti­at­ive (BRI) is China’s in­fra­struc­ture and fin­an­cing ini­ti­at­ive, de­vel­op­ing glob­al land and sea trade routes around the world. Many Lat­in Amer­ic­an na­tions have signed agree­ments...
18/12/2020
Re­new­able en­ergy law and reg­u­la­tion in Colom­bia
1. Brief over­view of the re­new­ables sec­tor Colom­bia is rich in re­new­able en­ergy sources. Some 70% of the coun­try’s primary en­ergy sup­ply comes from hy­dro­power. However, des­pite its plen­ti­ful hy­dro­power...
03/08/2020
Cli­mate change tax­a­tion re­forms and in­cent­ives in Colom­bia
1. Has your coun­try rat­i­fied the Par­is Agree­ment?  Yes, Colom­bia has rat­i­fied the Par­is Agree­ment. The rat­i­fic­a­tion of the agree­ment took place on Ju­ly 12th, 2018, when the Colom­bi­an am­bas­sad­or de­pos­ited...
29/07/2020
CMS En­ergy & Cli­mate Change Glob­al Ex­per­i­ence
 With more than 450 en­ergy and cli­mate change law­yers, in­clud­ing over 100 part­ners, the CMS En­ergy and Cli­mate Change prac­tice is one of the largest of its kind in the world. Led from its Lon­don centre of ex­cel­lence, the prac­tice works across 75 of­fices glob­ally.CMS teams now work in every corner of the sec­tor across the globe to help it meet the de­mands of cli­mate change, tech­no­lo­gic­al dis­rup­tion, urb­an­isa­tion in de­vel­op­ing eco­nom­ies, so­cial con­cerns and polit­ic­al agen­das.Be­low you will find some of our ex­per­i­ence across the globe. Please get in touch with our ex­perts in your jur­is­dic­tion.Please also see our Hot Top­ics for the En­ergy Trans­ition pub­lic­a­tion.
29/07/2020
Hot Top­ics for the En­ergy Trans­ition
With more than 450 en­ergy and cli­mate change law­yers, in­clud­ing over 100 part­ners, the CMS En­ergy and Cli­mate Change prac­tice is one of the largest of its kind in the world. Led from its centres of ex­cel­lence such as Lon­don and Ab­er­deen, the prac­tice works across 75 of­fices glob­ally.Our early work in design­ing and im­ple­ment­ing mod­ern en­ergy mar­kets and sub­sequently guid­ing the sec­tor in the push to de­car­bon­isa­tion means CMS is not only a trans­ac­tion­al or pro­ject ad­viser to the sec­tor, but uniquely placed to help shape its present and fu­ture. We can help by giv­ing you our ad­vice and com­pre­hens­ive know­ledge on the top­ics lis­ted be­low.Please also see our CMS En­ergy Glob­al Ex­per­i­ence pub­lic­a­tion.
15/05/2020
Trans­it­ory meas­ures ad­op­ted by the Na­tion­al Hy­dro­car­bon Agency dur­ing COV­ID-19
The Na­tion­al Hy­dro­car­bon Agency (“ANH”) is­sued the Acuerdo 002 de 2020 (the “Agree­ment”) of April 7th by means of which it es­tab­lishes trans­it­ory meas­ures to mit­ig­ate the ad­verse ef­fects of COV­ID-19...
18/03/2020
Tax Bul­let­in No.20
We share our Tax Bul­let­in No. 20 from Feb­ru­ary 2020, with the latest de­cisions and opin­ions re­leased by the Coun­cil of State and the Tax Au­thor­ity, in con­nec­tion with na­tion­al and loc­al taxes, and tax...
18/02/2020
Tax Bul­let­in No. 19
We share our Tax Bul­let­in No. 19 from Janu­ary 2020, with the latest de­cisions and opin­ions re­leased by the Coun­cil of State and the Tax Au­thor­ity, in con­nec­tion with na­tion­al and loc­al taxes, and tax...
20/01/2020
Tax Bul­let­in No. 18
We share our Tax Bul­let­in No. 18 from Decem­ber 2019, with the latest changes in­tro­duced by Law 2010 of 2019 (“tax re­form”), re­cently en­acted by the Colom­bi­an Con­gress. Law 2010 reen­acts most of the...
13/12/2019
Tax Bul­let­in No. 17
We share our Tax Bul­let­in No. 17 from Novem­ber 2019, with the latest de­cisions and opin­ions re­leased by the Coun­cil of State and the Tax Au­thor­ity, in con­nec­tion with na­tion­al and loc­al taxes, and tax...