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Colombia’s commercial and legal landscape presents distinct challenges for businesses and individuals navigating cross-border matters with the United States. For those seeking guidance on US-Colombia commercial questions, Law Offices of SRIS, P.C. offers US-licensed counsel with established connections to Colombian legal professionals, including our Pereira location. Atchuthan Sriskandarajah, Esq., the firm’s Owner and Founder, is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and has prepared this resource on US-Colombia commercial law considerations. Whether your matter involves contract enforcement, business formation with Colombian counterparties, or understanding how US and Colombian commercial frameworks intersect, our firm provides US-side legal counsel while maintaining relationships with Colombian-licensed practitioners who address Colombian-law dimensions. For a consultation on your US-Colombia commercial matter, reach Law Offices of SRIS, P.C. at (888) 437-7747.
US-Colombia Commercial Practice: What This Covers
Cross-border commercial practice between the United States and Colombia involves navigating two distinct legal systems — US federal and state law on one side, and Colombia’s civil-law framework rooted in the Colombian Civil Code of 1887 on the other. This practice area encompasses a range of matters where US and Colombian commercial interests intersect: cross-border contract drafting and enforcement, foreign direct investment structuring, compliance with US statutes such as the Foreign Corrupt Practices Act (FCPA) alongside Colombia’s Estatuto Anticorrupción (Law 1474 of 2011), international arbitration under the New York Convention (to which both the US and Colombia are contracting states), and commercial dispute resolution spanning both jurisdictions. Colombia’s accession to the OECD in 2020 and its network of free trade agreements — including the US-Colombia Trade Promotion Agreement — have deepened the commercial integration that gives rise to these cross-border legal needs.
The firm’s US-licensed attorneys address the American-law dimensions: drafting contract provisions under applicable US state law, evaluating FCPA compliance obligations for US persons and entities under 15 U.S.C. § 78dd-1 et seq., structuring US-based investment vehicles, and representing clients in US-side arbitration or litigation. For Colombian-law matters — corporate formation under Colombian law, registration with Colombian chambers of commerce, Colombian tax and regulatory compliance — the firm collaborates with Colombian-licensed practitioners. A marriage validly contracted in Colombia is presumptively recognized in US courts under the lex loci celebrationis doctrine, subject to narrow public-policy exceptions — an illustration of how private international law doctrines bridge the two systems in commercial as well as family contexts.
How Mr. Sris and the Firm Approach Colombia-Related Commercial Matters
Law Offices of SRIS, P.C. approaches every US-Colombia commercial matter with a clear jurisdictional division: US-licensed attorneys handle the US-law components, and Colombian-licensed practitioners handle the Colombian-law components. This division is not merely administrative — it is fundamental to the ethical practice of law across borders and reflects the firm’s compliance with US bar rules governing unauthorized practice of law. Mr. Sriskandarajah, admitted in five US jurisdictions, serves as the responsible US attorney for all US-substantive legal work. For Colombian-law dimensions, the firm maintains relationships with practitioners admitted by the Consejo Superior de la Judicatura in Colombia. Eric Duport Jaramillo, admitted to practice law in Colombia and not admitted in any US state bar, serves as a liaison for the firm’s Colombia-related commercial matters, drawing on his background as former Executive President of the Pereira Chamber of Commerce and former Minister Counselor at the Embassy of Colombia to the European Union. His practice with the firm is limited to matters of Colombian law and to serving as a liaison for international clients with US-licensed attorneys.
When a client’s matter requires Colombian-law representation today, the firm connects the client with an appropriate Colombian-licensed attorney. When the matter involves US law — contract enforcement in US courts, FCPA compliance for US entities, US visa and immigration considerations for business personnel, or US-side arbitration — Mr. Sriskandarajah and the firm’s US-licensed Of Counsel attorneys provide direct representation. This collaborative model respects the jurisdictional boundaries that define cross-border legal practice while giving clients a coordinated point of contact for matters that span both countries. The firm’s location in Pereira, Colombia, by appointment only, facilitates in-person coordination with Colombian practitioners and clients, though all US legal services are provided from the firm’s US locations.
About Mr. Sris and the Firm’s Colombia Commercial Practice
Mr. Sris, former prosecutor, founded Law Offices of SRIS, P.C. in 1997. Admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, he serves as the Owner and Managing Attorney of the firm. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), the bill that became the 2019 revision to Va. Code § 20-107.3(g). His background includes extensive experience in litigation and cross-border practice, serving an international clientele from the firm’s US locations. The firm’s Colombia-related commercial practice draws on his US legal credentials and the firm’s established relationships with Colombian practitioners, including Eric Duport Jaramillo, who is licensed in Colombia and not admitted in any US state bar. Mr. Duport Jaramillo’s practice with Law Offices of SRIS, P.C. is limited to matters of Colombian law and to serving as a liaison for international clients with US-licensed attorneys at the firm.
Mr. Sriskandarajah is not admitted to practice Colombian law. The firm does not currently provide legal representation in Colombia. If your matter requires Colombian-law representation today, you should consult an attorney admitted by the Consejo Superior de la Judicatura. If you would like to be notified when the firm engages Of Counsel in Colombia for direct Colombian-law representation, you may contact the firm through the channels listed on this page. Until then, this page is offered as general legal information by a US-admitted attorney — it is not legal advice and does not constitute legal representation under Colombian law. For US-side commercial counsel on your Colombia-connected matter, reach the firm at (888) 437-7747.
Frequently Asked Questions
Do I need both a US-licensed attorney and a Colombian-licensed attorney for my cross-border commercial matter?
Yes, in most cross-border commercial matters involving both the US and Colombia, you will need separate counsel for each jurisdiction’s legal issues. A US-licensed attorney cannot practice Colombian law, and a Colombian-licensed attorney cannot practice US law. Law Offices of SRIS, P.C. provides US-side counsel through Mr. Sriskandarajah and the firm’s US-licensed Of Counsel attorneys, while collaborating with Colombian-licensed practitioners for Colombian-law matters. This dual-counsel approach ensures each aspect of your matter receives competent representation under the applicable jurisdiction’s laws and professional conduct rules. The firm coordinates between the two sides so clients have a streamlined experience.
What is the FCPA and how does it affect US-Colombia business transactions?
The Foreign Corrupt Practices Act (FCPA), codified at 15 U.S.C. § 78dd-1 et seq., prohibits US persons and entities from making corrupt payments to foreign officials to obtain or retain business. The FCPA’s anti-bribery provisions apply to US issuers, domestic concerns, and certain foreign persons acting in US territory. It also imposes books-and-records and internal-controls requirements on issuers. Colombia has its own anti-corruption framework under the Estatuto Anticorrupción (Law 1474 of 2011) and related statutes. A US-Colombia commercial transaction may implicate both regimes simultaneously. Criminal penalties for FCPA violations are set under 15 U.S.C. § 78ff, which provides for up to five years imprisonment per anti-bribery violation for individuals. The firm advises US clients on FCPA compliance in their Colombia-related operations; Colombian-law anti-corruption compliance requires separate Colombian counsel.
How are US-Colombia commercial disputes typically resolved?
US-Colombia commercial disputes may be resolved through litigation in US or Colombian courts, or through international arbitration under the New York Convention, to which both countries are contracting states. The appropriate forum depends on the parties’ contract, the nature of the dispute, and considerations of enforceability. The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards facilitates enforcement of arbitral awards across borders. For litigation, US courts apply principles of comity and forum non conveniens when asked to hear disputes with Colombian connections. Choice-of-forum and choice-of-law clauses in cross-border contracts are critical — they determine which country’s courts or arbitration rules govern, and which country’s substantive law applies. The firm advises on these clauses and represents clients in US-side litigation and arbitration.
What should I consider when forming a US entity with Colombian owners or investors?
Forming a US business entity with Colombian ownership involves US entity selection, tax structuring under the US-Colombia tax treaty framework, and compliance with both US and Colombian reporting obligations. The US-Colombia Trade Promotion Agreement provides certain protections and obligations for cross-border investment. Entity choice — corporation, LLC, partnership — affects US tax treatment, liability exposure, and reporting requirements. Colombian owners may also have obligations under Colombian law regarding foreign investments. The firm advises on US-side entity formation, operating agreements, and regulatory compliance. Colombian-law advice — including Colombian tax implications and registration of foreign investment with Colombian authorities — requires separate Colombian counsel. The firm coordinates with Colombian practitioners to address both sides of the transaction.
Can a Colombian judgment be enforced in the United States?
Colombian judgments are not automatically enforceable in US courts; enforcement requires a separate action under the applicable US state’s foreign-judgment recognition statute or the common-law principles of comity. Many US states have adopted the Uniform Foreign-Country Money Judgments Recognition Act, which provides a statutory framework for recognition. US courts will generally recognize a Colombian judgment if the Colombian court had jurisdiction, the proceedings were fundamentally fair, and enforcement does not violate US public policy. The process is not automatic — the judgment creditor must file a recognition action in the appropriate US court. The firm handles US-side judgment recognition actions. Colombian-law questions about the validity or finality of the underlying Colombian judgment require consultation with Colombian-licensed counsel.
What role does the US-Colombia Trade Promotion Agreement play in commercial practice?
The US-Colombia Trade Promotion Agreement (TPA), in force since 2012, eliminates tariffs on most goods traded between the two countries and establishes protections for cross-border investment, intellectual property, and services trade. For businesses operating across both markets, the TPA affects customs classification, rules of origin, investment protections, and government procurement access. The agreement also includes labor and environmental provisions that may affect compliance obligations for certain industries. The firm advises on US-side TPA compliance and trade-remedy matters. Colombian-law tariff, customs, and regulatory questions require separate Colombian counsel. For a consultation on how the TPA affects your specific US-Colombia business operations, contact Law Offices of SRIS, P.C. at (888) 437-7747.