Originally from:
Doing Business in Colombia - 2nd Edition - Hardcover
Doing Business in Colombia - 2nd Edition - Electronic
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Chapter 10
Energy and Gas
In the course of most recent years, the energy and gas sector has gained
importance at the international and domestic level. In Colombia, the
growing awareness of the need to have an efficient energetic matrix has
motivated several structural and regulatory reforms, which in turn have
reflected in multiple plans and programs for the rationalization of energy
consumption and mass utilization of gas.
I. THE ENERGY SECTOR
The regulatory framework used for development of the electric sector in
Colombia originates on the Colombian Constitution, which establishes the duty
of the state to ensure efficiency in the rendering of public services. For this
purpose, the state has made sure there is freedom and competition in these areas
through admittance of private concurrence in this sector of the economy and
effort has been placed on the regulatory role of the government, particularly
regarding activities of possible monopolistic nature.
In this manner, Colombian legislation has determined that the state must
abstain from getting involved in activities that, due to their nature, are to be
developed by the private sector. Therefore, participation of the state in
productive activities must be limited to those in which private initiative has
proven insufficient or where such involvement is not profitable and as a
consequence private investment has avoided participation, or in areas in
which state participation is socially necessary.
The Ministry of Mines and Energy is the most relevant entity in the
energetic sector of Colombia and as a component of said Ministry the Unit
for Planning of Energy and Mining (UPME) is responsible for the study and
assessment of present and future energy requirements and their
corresponding supply scenarios, as well as for the preparation of the
National Energy Plan and the Expansion Plan of the Energy Sector.
About the Firm:
Cavelier Abogados, a Colombian law firm established in 1953 that combines experience and innovation and stands out as a leading advisor in Latin America in several fields of the law. Using the most modern legal infrastructure and technology, the firm offers clients a strategic partnership for business development with legal services in Colombia and overseas countries. The strength of Cavelier Abogados lies in its Intellectual Property Law and Business Law areas, but the firm is also strong in Corporate Law, Financial Law, Foreign Investment Law, Tax Law and Mining and Hydrocarbons Law. Besides occupying prominent places in the top rankings of law publishers, the firm employs several university professors and authors of books on the practice areas of the firm. Cavelier Abogados also has a network of 469 correspondents in 143 countries. It was also one of the first Colombian law firms to have its own Code of Ethics, which contains higher standards of conduct compared to local legislation. The firm uses a multidisciplinary approach to find creative, prudent and value generating business solutions that optimize clients' return on investment while minimizing risks.
About the Contributors:
Natalia Tobón-Franco is a Lawyer from Universidad de los Andes
(Bogota, Colombia) with an L.L.M. in Intellectual Property Law from
Franklin Pierce Law Center (New Hampshire, U.S.A.); a Professor and
Author of several books and articles on Copyright Law, Freedom of Speech
and Entertainment Law; and an Associate Attorney at Cavelier Abogados.
Eduardo Varela-Pezzano is a Lawyer and Specialist in Intellectual
Property Law from Universidad del Rosario (Bogota, Colombia); an
Intellectual Property Law Professor at Universidad del Rosario; an Author
of several books and articles on Freedom of Speech, Patent, Trademark,
Copyright and Entertainment Law; and an Associate Attorney at Cavelier
Abogados.
