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Energy & Climate Change

With more than 450 lawyers globally, including over 150 partners, the CMS Energy & 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, global geopolitics, economics and each specific country’s regulation and shape their responses to it.

The energy sector in Colombia is complex and entails significant regulatory and contractual challenges that vary depending on whether the matter relates to electricity -where regulations differ for generation, transmission, commercialization and distribution activities -, mining, oil and gas -where the applicable regulations depend on the specific activity to be developed within the supply chain- , or renewable energy generation.

CMS advises the Colombian Government and private companies, both domestic and foreign, in the structuring, design and implementation of energy projects. The Firm has played a significant role in shaping the legal framework of the energy industry in Colombia, having played key roles as advisor to the Ministry of Mines and Energy and the National Hydrocarbons Agency (ANH), among other agencies, on various critical matters for the country.

The Firm has participated in advice and support to clients in relation to the following matters:

  • Structuring and negotiation of complex petroleum projects, including:
  1. Incorporation of companies in the country;
  2. Award of blocks for oil and gas exploration and production;
  3. Drafting and negotiation of joint operating agreements (JOAs); 
  4. Structuring, drafting and negotiation of operation contracts (CPF construction, drilling services, EPCs, BOMTs, associated production services, etc), Farm Out and Farm In Agreements, among others;
  • Acquisition of participations in E&P contracts;
  • Structuring, acquisition, financing and regulatory advice related to electricity generation projects;
  • Negotiation of contracts for access to energy supply infrastructure, including midstream and downstream infrastructure;
  • Generation and self-generation energy projects, securing connection points and Power Purchase Agreements (PPAs). 


Renewable energy in Colombia
1. Introduction Due its high rainfall levels and abundance of water resources, Colombia has one of the cleanest electricity grids in the world. Nevertheless, achieving decarbonisation goals have been...
Colombia’s Hydrogen guide
CMS Next
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Investment opportunities that arise from the new procedure for allocating...
It is popularly known that at the moment of structuring and evaluating a power generation project, the definition of the capacity of interconnection to the system it of the utmost importance.  Every...
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...
Hydrogen law, regulations & strategy in Colombia
1. Current state of hydrogen projects in Colombia The hydrogen industry is emerging in Colombia, as it is expected to be one of the most relevant low-carbon alternative energy solutions in the following...
New ways towards the energy transition
Colombia is committed to advance in the energy transition, and, therefore, the Ministry of Mines and Energy, authorized the completion of eight new energy transmission projects, some of which will use...
Energy Transition Law - Main aspects and regulatory developments
On July 10th, 2021 the Congress of the Republic of Colombia enacted Law 2099 of 2021 (the "Energy Transition Law"), whereby specific articles of Laws 56 of 1981, 142 of 1994, 143 of 1994, and 1715 of...
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...
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...
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...
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...