TABLE OF CONTENTS: 

• Context of the presidential announcement 
• Difference between denunciation and renegotiation 
• What is a treaty denunciation? 
• What does a renegotiation entail? 
• Required institutional procedures 
• Term and validity after the complaint 
• Status of the FTA between Colombia and Israel 
• Impact of the FTA with the United States 
• Opinions of guilds and experts 
• Economic risks and consequences 
• Key legal clauses 
• Diplomatic considerations 
• Policy recommendations 
• Conclusion 
• Glossary of terms 
• Frequently asked questions (FAQ) 
• Call to action (CTA) 

They explain that withdrawing from the trade agreement with Israel and renegotiating the agreements with Washington are separate processes, with legal and economic implications.

Following President Gustavo Petro's announcement that he will terminate the free trade agreement (FTA) with Israel and amend the current one with the United States, the Ministry of Commerce confirmed that it is already denouncing the former through a diplomatic note, while talks with Washington remain strictly confidential.

In response to the President's statements, unions and experts pointed out that the termination of a treaty cannot be immediate or discretionary. Javier Díaz, president of the National Association of Foreign Trade (Analdex), maintained that the head of state cannot “terminate” a FTA on his own.

"Current regulations state that this request must go through Congress for approval. If Congress decides to follow President Petro's lead, FTAs ​​have an additional six months' validity after their expiration," he argued.

According to Díaz, if the legislature approves the complaint, the agreement with Israel would remain in effect for almost the entire remainder of the current administration's term, which ends on August 7, 2026.

El FTA between Colombia and Israel It has been in force since August 11, 2020. Although it was signed in 2013 and approved by Congress in 2017, its final ratification was delayed by the pandemic. According to official figures, between January and July 2025, Colombian exports to Israel totaled $102,2 million, a 49% drop compared to the same period in 2024.

For the case of FTA with the United StatesDíaz recalled that any substantive modification requires the approval of the Colombian Congress and the participation of the U.S. legislature.

María Claudia Lacouture, president of the Colombian-American Chamber of Commerce (AmCham Colombia)He emphasized that any trade agreement can be reviewed and adjusted, but within its own institutional mechanisms. He also warned that an abrupt change could generate uncertainty for companies and affect Colombia's competitiveness in its main market.

Experts consulted point out that it is key to differentiate between two legal scenarios: the renegotiation and the denunciation of a treaty. Martín Ibarra, president of Araújo Ibarra International Business ConsultantsHe explained that “The act of denouncing a treaty, as well as its approval or rejection, are public acts”However, he emphasized that renegotiation requires complex diplomatic processes and the involvement of Congress.

"Renegotiation is one thing, which must go through internal procedures and, in the case of the United States, requires authorization from the U.S. Congress to open the fast track, and denunciation is quite another, which is a unilateral right provided for in the treaty and is embodied in a diplomatic notification," he explained.

Ibarra added that the termination clause with the United States establishes that either party may terminate the agreement with written notice, effective six months after its delivery.

For his part, former Minister of Commerce José Manuel Restrepo warned that a withdrawal from the FTA with the United States would have profound economic implications, as "this agreement is the most important one Colombia has; it accounts for nearly a third of our exports and generates approximately 500.000 direct jobs in sectors such as flowers, coffee, and bananas."

"Renegotiation, which must go through internal procedures and, in the case of the United States, requires authorization from the U.S. Congress to open the 'fast track,' is one thing; denunciation is quite another."

— Martín Ibarra, President of Araújo Ibarra International Business Consultants

To delve deeper into these topics and stay abreast of changes in the international trade sector, visit the Araújo Ibarra International Business Consultants website and subscribe to their newsletter. Go to Araújo Ibarra's website

Frequently Asked Questions (FAQ) 

1. Can the president terminate a FTA by decree?

No — denunciation of a treaty requires a legal mechanism, congressional approval, and must respect the deadlines established in the treaty. 

2. How long does a treaty remain in force after it is terminated?

Treaties typically provide for a residual validity of six months after receiving formal notification. 

3. What are the risks of denouncing the FTA with the US?

It could affect key exports (flowers, coffee, bananas), generate unemployment, and weaken Colombia's trade position. 

 4. What is the difference between renegotiating and denouncing a treaty?

To denounce is to end it; to renegotiate is to adjust it. Renegotiation requires diplomatic agreements, legislative participation, and more demanding procedures. 

 5. What role does Congress play in these agreements?

The Colombian Congress must approve any amendments or modifications. In the U.S., Congress also intervenes to authorize amendments and open negotiations. 

Glossary  

• TLC: Free Trade Agreement: an agreement between countries to reduce tariff barriers and promote trade. 

• Denunciation of a treaty: Formal act by which a country notifies its intention to terminate a treaty, in accordance with the agreed rules. 

• Renegotiation: Review and modification of the terms of an existing treaty without completely terminating it. 

• Residual validity: Period during which a treaty continues to apply after formal denunciation. 

• Fast track: Mechanism in the U.S. to expedite the approval of trade agreements by Congress. 

• International Trade: Exchange of goods, services and capital between countries. 

• Termination clause: Provision in a treaty that regulates how and when it may be legally terminated. 

• Legislative approval: Participation of Congress or parliamentary body in the ratification or modification of treaties. 

Note: This content was originally published in Weather printed version October 1, 2025.
Read the full article in the digital version here: https://www.eltiempo.com/buscar/