Countries › Colombia › Guide › 12. Sectors › Ports in Colombia: port companies, port concessions over beaches and tidal land, the application and opposition process, 20 year terms, guarantees, fees and reversion

Ports in Colombia: port companies, port concessions over beaches and tidal land, the application and opposition process, 20 year terms, guarantees, fees and reversion

Last verified: 2026-10-27 · Status: Stable

Public and private investors may build and run ports in Colombia, but only a port company (sociedad portuaria, always a sociedad anónima) can hold the concession needed to occupy beaches, tidal land and adjoining public zones, granted by the Agencia Nacional de Infraestructura or, on the Magdalena river, Cormagdalena. The application is published for two months of oppositions and competing proposals, authorities give opinions, and the conditions resolution is due within five months of filing; concessions run 20 years as a rule, extendable once by up to 20 more and exceptionally longer to recover investment. Applicants post a seriousness guarantee and concessionaires a performance guarantee of at least 3 percent of the investment plan (never under 100 monthly minimum wages), pay a consideration split 80/20 between the Nation and the port municipality, and hand over all fixed works free at the end.

USD figures use the TRM (tasa representativa del mercado) of COP 3,157.94 per US dollar, valid 27 October 2026, from the official TRM series published by the Superintendencia Financiera on the national open data portal. Conversions are for orientation only.

Key facts

General term of a port concession	20 yearsLey 1 de 1991 art. 8, as of 2026-10-27 · in force
Deadline for the resolution setting concession conditions, from the application	5 monthsLey 1 de 1991 art. 12; Decreto 1079 de 2015 art. 2.2.3.3.1.6, as of 2026-10-27 · in force
Window for oppositions and alternative proposals after publication	2 monthsLey 1 de 1991 art. 10, as of 2026-10-27 · in force
Performance guarantee, share of the approved investment plan	3 %Decreto 1079 de 2015 art. 2.2.3.3.7.5, as of 2026-10-27 · in force
Share of the public zone consideration paid to the port municipality	20 %Ley 1 de 1991 art. 7 (Ley 856 de 2003 art. 1), as of 2026-10-27 · in force

The rule

1. The creation, maintenance and continuous, efficient operation of ports is of public interest. Public entities and private companies may set up port companies to build, maintain and operate ports, terminals and wharves and provide all port services. No one may be required to join an association or union, or to hold a permit, to work for a port company, and port companies are not obliged to adopt tariffs that do not cover their costs, depreciation and a fair return to shareholders, though they may not keep profits from restrictive practices.Ley 1 de 1991, Estatuto de Puertos Marítimos, Art. 1, 1991-01-11 official text · verified 2026-10-27

2. A port concession is an administrative contract by which the Nation lets a port company occupy and use, temporarily and exclusively, beaches, tidal land and adjoining zones to build and operate a port, in exchange for a consideration to the Nation and the municipality or district. Port companies are sociedades anónimas with private, public or mixed capital whose purpose is investing in, building, maintaining and administering ports, and they may also provide loading, unloading, storage and related services. Only port companies may hold port concessions.Ley 1 de 1991, Art. 5 num. 5.2 and 5.20; art. 6, 1991-01-11 official text · verified 2026-10-27

3. The State grants port concessions and related procedures through the Agencia Nacional de Infraestructura (ANI) and, within its jurisdiction, the Corporación Autónoma Regional del Río Grande de la Magdalena (Cormagdalena).Decreto 1079 de 2015 (compiling Decreto 474 de 2015 art. 2), Art. 2.2.3.3.2, 2015-05-26 official text · verified 2026-10-27

4. The application proves the applicant's legal existence (the applicant need not yet be a port company but must state its intention to form one with the other prospective partners and their contributions), defines the location, boundaries and area, describes the project, its technical specifications, operation and cargo, states whether it will serve the public, and guarantees that a port company will be formed and the works started and finished on a set schedule. Within two months of the last publication anyone with an interest may oppose or file an alternative proposal; the mayor, environmental, maritime, customs and other authorities are then asked for opinions within 20 days.Ley 1 de 1991, Art. 9 and art. 10, 1991-01-11 official text · verified 2026-10-27

5. The conditions resolution, analysing the application, oppositions, alternative proposals and authority opinions, must be issued within five months of the application and sets the term, consideration, guarantees and environmental and operating conditions. Authorities may oppose it within ten business days, in which case the matter goes to the Consejo Nacional de Política Económica y Social (CONPES). The authority may also offer a concession on its own initiative by public notice and award it to the proposal that best meets the law's objectives.Ley 1 de 1991 art. 12 and 13; Decreto 1079 de 2015, Ley 1 art. 12 and 13; Decreto 1079 art. 2.2.3.3.1.6 and 2.2.3.3.1.7, 1991-01-11 official text · verified 2026-10-27

6. Concessions run 20 years as a general rule and may be extended for up to 20 more years; exceptionally the term may be longer, at the Government's discretion, if needed for the port company to recover its investment under reasonable operating conditions or to encourage public service. At the end, all buildings and fixtures habitually installed in the public use zones are transferred free to the Nation in good operating condition.Ley 1 de 1991 (struck and conditionally upheld wording per the Constitutional Court), Art. 8, 1991-01-11 official text · verified 2026-10-27

7. The Government sets in the port expansion plans the methodology for the consideration paid for exclusive temporary use of public zones and for use of existing infrastructure. The consideration for public zones goes 80 percent to the Nation through INVIAS and 20 percent to the municipality or district where the port operates, for social investment (in San Andrés, to the department); the consideration for infrastructure goes entirely to INVIAS.Ley 1 de 1991, art. 7 as amended by Ley 856 de 2003 art. 1, Art. 7, 1991-01-11 official text · verified 2026-10-27

8. The applicant's seriousness guarantee covers failure to form the port company, to sign the contract without just cause or to deliver the performance guarantee, is punitive, and may not be less than 3 percent of the proposed investment plan, valued in US dollars converted at the TRM; it lasts at least two years from filing and is extended up to two more if the concession has not been granted. The concessionaire's performance guarantee in maritime and river public zones covers the Nation, INVIAS, the transport superintendency and the port municipality for 3 percent of the approved investment plan, never below 100 legal monthly minimum wages, for the contract term plus six months.
Cost to do it: Seriousness guarantee of at least 3 percent of the proposed investment plan; performance guarantee of 3 percent of the approved investment plan, with a floor of 100 monthly minimum wages, plus premiums that vary by insurer or bank.
Example: A US$50 million investment plan is COP 157,897,000,000 at the TRM; 3 percent is COP 4,736,910,000. The floor of 100 minimum wages is COP 175,090,500 in 2026. / US$1,500,000 of guarantee on a US$50 million plan; the floor is about US$55,445.Decreto 1079 de 2015 (compiling Decreto 474 de 2015), Art. 2.2.3.3.7.4 and 2.2.3.3.7.5, 2015-05-26 official text · verified 2026-10-27

Step	Timing
File application with seriousness guarantee	Day 0
Oppositions and alternative proposals	Two months after the last publication
Authority opinions	20 days from the request
Conditions resolution	Within five months of filing
Authority opposition to the resolution	Ten business days, then CONPES
Concession term	20 years, one extension of up to 20, longer only exceptionally

Port concession timeline (Ley 1 de 1991; Decreto 1079 de 2015)

Step by step

Identify the grantor: the ANI, or Cormagdalena within its jurisdiction on the Magdalena river.
Prepare the application with the area plan, project description, cargo volumes, public or private service choice and the seriousness guarantee of at least 3 percent of the investment plan.
Plan for competing proposals during the two month window and for authority opinions.
Once the conditions resolution is issued, incorporate the port company as a sociedad anónima and deliver the performance guarantee before signing.
Model the consideration under the current expansion plan methodology and plan for free reversion of fixed works at the end.

Common traps

The law defines port companies as sociedades anónimas and only they may hold the concession; structuring the holder as a branch or another company type risks the grant.
Publication invites rivals: anyone can file an alternative proposal over your area within two months.
Extensions are capped at one period of up to 20 years (successive extensions were struck down); longer terms are exceptional and tied to investment recovery.
All fixed works in the public zone revert free to the Nation, so depreciation and financing must fit within the concession term.

Sources

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