The National Government issued Decree 1044 of August 5, 2026, which amends article 2.17.2.5.1.1. of Decree 1068 of 2015 and modifies the rules applicable to the registration of international investments.
The main change consists of eliminating the maximum six (6) month period that previously applied to registering with the Banco de la República changes in the holders, the purpose or the receiving company of an investment, as well as cancellations of international investments.
Registration at any time
With the amendment incorporated in the decree, investors or their attorneys-in-fact may file with the Banco de la República at any time the registration declaration for:
- Initial or additional investments.
- Changes in the holders of the investment.
- Changes in the purpose of the investment.
- Changes in the receiving company.
- Cancellation of investments.
Receiving companies may likewise file, at any time, the registration declaration for initial or additional investments, their changes, and the cancellation of their investors’ investments.
One of the main sources of foreign exchange violations is eliminated
The Decree notes that non-compliance with the six-month term gave rise to penalties of up to 200% of the amount of the proven foreign exchange violation, in accordance with article 3 of Decree-Law 1746 of 1991.
According to the information cited in the decree, obtained from the 2025 statistics of the Foreign Exchange Regime Group of the Superintendency of Companies, 90% of all foreign exchange violations known to that entity corresponded to lateness in completing registration procedures subject to a term.
The Government notes that, consequently, it was necessary to harmonize the term applicable to the registration of substitutions and cancellations with the registration regime for international investments without foreign-currency channeling, and to allow these operations to also be registered at any time.
What changes for investors?
The new procedure establishes that foreign capital investors and residents who make investments abroad must register the investments in accordance with the procedure established by the Banco de la República. The declaration may be filed at any time, directly or through the entities determined by the Banco de la República.
The registration will cover initial or additional investments, their modifications and the corresponding cancellations.
For international investments made in foreign currency, the foreign exchange declaration corresponding to the channeling through the foreign exchange market will serve as the registration declaration. For investments without foreign-currency channeling through the foreign exchange market, registration must be carried out in accordance with the procedures established by the Banco de la República.
The amendment does not eliminate tax obligations
The Decree expressly establishes that this amendment does not affect the formal tax obligations of investors related to the income tax return for a change in the ownership of the foreign investment and indirect transfers.
The DIAN may also require the investor or their attorney-in-fact to provide evidence of registration with the Banco de la República for purposes of the subsequent control of compliance with tax obligations.
Sanction proceedings in progress
The Decree also incorporates a provision related to the principle of favorability. As of its entry into force, in foreign exchange administrative sanction proceedings that are in progress, the modifications introduced by the new rule must be taken into account for the relevant purposes.
Entry into force
Decree 1044 of 2026, of August 5, 2026, establishes that it takes effect the day after its publication in the Official Gazette, that is, on August 6, 2026, and it amended article 2.17.2.5.1.1. of Decree 1068 of 2015.
What should companies review?
Companies with international investments should review:
- Investments with changes in their holders.
- Changes in the purpose of the investments.
- Changes in the receiving companies.
- Investments that must be cancelled.
- Foreign exchange sanction proceedings currently in progress.
- Evidence of the registration of investments with the Banco de la República.
The elimination of the six (6) month period significantly changes the management of the foreign exchange registration of these operations and reduces the exposure associated exclusively with the expiry of that term.