ISSN-1726-1477 EDICIÓN MARZO-15
DISMINUYEN LAS EMISIONES DE CARBONO EN LOS BOSQUES DEL MUNDO
ÉTICA Y FIDEICOMISO PANAMÁ YA TIENE SU MINISTERIO DE AMBIENTE JOSÉ DOLORES MOSCOTE: ¿RESURGE LA CORRUPCIÓN? www.rbc.com.pa
PRECURSOR DEL CONSTITUCIONALISMO
VETAN LEY DE ESTACIONAMIENTOS
Consejo Editorial
Colaboradores en esta edición José Javier Rivera J. Sergio Rodríguez Azuero
José Javier Rivera J. Giovana del C. Miranda G.
Rafael Fernández Lara Giovana del C. Miranda G. Augusto García Maybé Mendieta Anna Marissa Admadé Yhestryll Mccree Milena Vergara
Portada y Diagramación: Virginia Medina
Alexander Canto
Fotografía: Mariela De Sedas de Sanjur
Mariela de Sanjur
Albin Rodríguez Nadia Chang ÁREAS DE PRÁCTICA
IMPUESTOS - CONTRATACIÓN PÚBLICA - PROPIEDAD INTELECTUAL REGISTRO SANITARIO LITIGIOS, ARBITRAJE Y MEDIACIÓN DERECHO MARÍTIMO - ABANDERAMIENTO DE NAVES - DERECHO LABORAL ASUNTOS MIGRATORIOS - SOCIEDADES - APERTURA DE NEGOCIOS FUNDACIONES DE INTERÉS PRIVADO - CONTRATOS, FIDEICOMISOS ASESORÍA BURSÁTIL - SERVICIOS NOTARIALES Y REGISTRO - AMBIENTAL LEYES ANTIMONOPOLIOS TELECOMUNICACIONES
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CONTENIDO 6. 8. 12. 13. 14. 14. 14. 15. 16. 19. 20. 23. 24.
EDITORIAL DOES CORRUPTION RE-ARISE?
INVITED WRITTER ETHICS AND TRUST
NORMS OF INTEREST INCENTIVES TO TOURISM ARE REGULATED PUBLIC INFRASTRUCTURE COORDINATING UNIT GOVERNING ADVERTISING DISPLAYS HOURS NON-EXISTENT NATIONAL DIRECTION OF AGRICULTURAL SAFETY NEW DIRECTION IN THE MITRADEL PANAMA HAS A VICE MINISTRY OF MULTILATERAL AFFAIRS AND COOPERATION BILL FOR FREE PARKING WAS OBJECTED MATCHING OF TAXES ON ALCOHOLIC BEVERAGES DRAFT LAW PRESENTED AGAINST MONEY LAUNDERING, TERRORIST FINANCING AND FINANCING OF PROLIFERATION OF WEAPONS OF MASS DESTRUCTION
CONSULT DOCTRINE & JURISPRUDENCE THE FINAL ACTS AND PREPARATORY ACTIONS OR PROCEEDINGS ARE DIFFERENT BUT BOTH HAVE THE ADMINISTRATIVE CHARACTER
POLITICS THE GOOD EX-PRESIDENTS ARE REWARDED BY HIS PEOPLES
CONTENIDO 27. 29. 30. 33. 35. 36. 38. 39. 41.
43. 46. 48.
PANAMANIAN ECONOMY MONTHLY ECONOMIC ACTIVITY INDEX, JANUARY 2015
ECONOMÍA MUNDIAL
FISCAL AND TAX COOPERATION IS KEY FOR FINANCING DEVELOPMENT THE IMF ANALYZES HOW TO TAKE ADVANTAGE OF INTERNATIONAL TRADE TO PROMOTE GROWTH CARBON EMISSIONS FROM FOREST FALLS BY 25% BETWEEN 2001 AND 2015 COMPOUND OF MAIN INDICATORS (CLI), OECD, MARCH 2015 IBERO-AMERICAN ARBITRATION CENTRE (ICAR) IS CREATED
ENVIRONMENTAL CAPSULE THE NATIONAL AUTHORITY OF THE ENVIRONMENT IS RAISED TO CATEGORY OF MINISTRY
ILLUSTRIOUS PANAMANIANS BIOGRAPHY OF JOSE DOLORES MOSCOTE
EDUCATIONAL CAPSULE REALITIES OF EDUCATIONAL FIELD
FASHION ELEMENTS THAT MAKE A GOOD TAILOR SUIT
SPORTS CAPSULE CULTURAL CAPSULE
EDITORIAL ¿RESURGE LA CORRUPCIÓN?
P
anamanian citizenship has given point to various corruption scandals that are aired on Public Prosecutor, Comptroller General of the Republic, Supreme Court and Prosecutor of Auditors tracking. It’s obvious that during the government of Ricardo Martinelli was all business: from construction contracts and supply in the PAN, through visas of citizens from China, India and other countries, to lease helicopters or the mega works that undermined public finances. Both the central government how on Social Security, Tocumen Airport and other airports such as Colón and Rio Hato, among others, premiums were evident.
By: José Javier Rivera - Attorney jj.rivera@rbc.com.pa
frame the performance of these servers within the framework of ethics and respect for the law. Some examples: 1. Resistance to the affidavit of assets: a hard time getting a clear, forceful and constitutional obligation (Article 304 of the Constitution) was attenA scandal reveals daily at least. ded pristine and voluntarily by high officials of However, common sense would indicate that cu- this government. rrent government should be cured in health, on certain vices of robust power emanating from the 2. Nepotism: this habit of appointing relatives executive branch, be it individually exercised by within the scope of the institution itself, has prolithe president or jointly with respective ministers ferated since beginning of this five years, and has of each portfolio, or collegially in the Cabinet. often been defended to the hilt, and corrections have only appeared when the citizenry has claiPraxis is showing us, however, that is not, as it med vehemently. has been individual and collective resistance to
6.
EDITORIAL 3.Direct Contracts: no squeamishness, entities such as the Ministry of Education, the Cabinet, the PAN, and more recently the Institute of Agricultural Marketing (IMA) have attempted or direct contracts have been awarded to various issues such as kit education; Cabinet Resolution 25 Tuesday February 3, 2015, approving direct contracting by exceptional procedure between the Ministry of Public Works and the company Cemento Bayano, SA and approves the signing of the Contract AL-8.1.15, for the rehabilitation of New Mexico Highway 2 - the Chungal, amounting five million three hundred and thirty-eight thousand six hundred eighteen with 24/100 DOLLARS (B/. 5,338,618.24); purchases of goods and services without competing for the invitation system granted even some of the defendants in contracts executed during previous administration; have been awarded over 80 contracts related entities former major league Carlos Lee, using the mechanism shameful friends.
Housing, Ministry of Health, Tocumen Airport, Authority of Tourism, Ministry of Social Development, Panama Maritime Authority (AMP) and other entities whose holders have maintained a passive attitude to clear cases of corruption, embezzlement, unjustified enrichment, money laundering and crimes of criminal conspiracy. Coordinated action and an esprit de corps is not perceived to punish these people whether former officials or businessmen who committed a robbery during the five years. The most recent Institute of Agricultural Marketing (IMA) case, which has shown is that both allied government, as President of the Republic himself popular party has acted timid way in pursuit of these irregularities affecting again image of the country. What is certain is that time of the loggerhead homeland correspond to the story, and that the public will not tolerate warm hands suggestions or much less inconsistent with the rule of law.
4. The failure of certain state agencies in combating corruption: is not sustainable after having The Public Prosecutor has the final say and spent more than eight months since the beginning can’t be back to these samples misuse of power. of this government like of Frank De Lima, Omar L&E Castillo, Federico Suarez, Gioconda de Bianchini, Giselle Burillo Saiz, Franklin Vergara, Salomón It will dawn and see... Shamah, Roberto Henriquez, Jimmy Papdimitriu, Juan Carlos Pino, Jose Raul Mulino, Yasmina Pimentel, Luis Cucalón, Alberto Vallarino, Ricardo Francolini Arosemena, Maria Cristina Gonzalez, Gabriel Btesh, Felipe Virzi, Ricardo Martinelli son, Luis Enrique Martinelli, Mario Martinelli, Roberto Linares and others; haven’t been cited by allegations emanating respectively from Ministry of Public Works, Ministry of Finance, Ministry of
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INVITED WRITTER
A
ETHICS AND TRUST
gain, in this pleasant and beautiful city of Panama, I have the honor to address to a select audience on the occasion of the inauguration of Trust Alliance offices in this country. At the time of our relationships, if we look the same in the long term despite the tensions generated by international ratings around which our governments dialogue and for which we can only express our hope that resolved with talent and fortune for the good of both countries. Speaking tonight rediscovering so many friendly faces, I remember several years ago when, newly created Superintendency of Banks of Panama, a meeting called by our Superintendent of Banks of the time with the participation of the Superintendents of all countries of the Andino Group was organized in Bogotá, where and as an academic subject that never gets old and reappears from time to time, desirability of maintaining a system of specialized banks or rather opt for multibanca systems in a debate that one thinks is anachronistic was discussed and useless but is revived when crises show that the extension of banking to certain operations or loss of control by authorities on surrogate operations that make other agents, may severely compromise the system stability.
By: Sergio Rodríguez Azuero rbcweb@rbc.com.pa
the financial systems, although this remains important, not how we should change them when necessary but remember that major gaps and concerns that must be answered by regulators and system operators are linked more to the man with structures it manages. In other words, what seems important is to see how we turn way his eyes to the man for it, adopting parameters of socially acceptable behavior, is able to manage in a transparent and honest financial businesses that are put in their hands. And in this formative process and social requirement must use our best efforts.
And years later in Asunción, on occasion of the meeting of COLAFI, referring to the relationship between ethics and trust, I remembered lessons of Greek phiAnd then I thought, as I have done on many occasions losophers who advocated the need to act well, that in my life, it was necessary to separate the libretto, the is, to act as the community expected to do it, not by main thing wasn’t to define how we should structure fear of punishment or for obtaining recognition, but
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PLUMA INVITADA
by the simple and pure satisfaction to behave properly. And they added that he is happy who acts, because they don’t require any exogenous element for supporting the satisfaction that he generates his own conduct. Well, if an activity involves being handled by people with absolute convictions, values and principles, able to act on their commitment to society and full compliance with the obligations assumed with its customers, rather than being deterred by sanctions or stimulated by awards, is the trustee.
that we recognize in our market. But also, with a first characteristic that distinguishes. It’s, without doubt, nation’s largest independent trust, meaning the fact that is not a subsidiary of a credit institution. Those who are no less deserving, no doubt, but to stand as independent features, often an alternative for those who want to have a remote credit intermediaries with which to do business entity, often structured or guarantee through trust products. The management developed over the years by Trust Alliance in a world not without problems, in a world full of risks and often where the trust is tested, has allowed him to overcome various situations particularly good sense, overcome natural life problems with judgment and dedication and resolve them carefully, offering today a picture delighted by the quality of its services, by the way that serves and
We therefore believe that the Trustees equipment should be linked more competent but at same time, the best human beings, knowing that in serving its primary function the cause, their conduct as trustees will be scored and evaluated with special zeal. That obligation in eligendo by shareholders and senior management is inescapable and its success the success of the company is supported by very much. Because fiducia is trust, because what is sold to the community is the message that can be deposited in hands of professional managers, their assets, hopes and dreams with the certainty that your instructions are followed. Because the trust as the owner manager acquires property outside large amplitude powers allowing it to be fulfilled executor of the tasks entrusted to it. Because in handling complex contractual relationships where involving many stakeholders with different interests and often conflicting, the Trustee is called to play a key role as guardian of the balance, ie, as a undoubted prestige it has acquired in our country. guarantor of that business development will be protected by Like the legitimate interests of all participants. Well, in a globalized world where realities of clients and family care companies, often spilling counHowever, as fiducia is trust and this is given to good ty boundaries and cultures of each country’s natural men, we have to celebrate jubilantly existence of a so- business, experience shows desirability and necessiciety like Trust Alliance makes these principles im- ty of mounting structures, subject to laws and reguportant part of their values, which has developed lations of various jurisdictions, conform harmonicaover the years a management of the highest quali- lly complex scheme suitable answers for clients who ty and built a portfolio of services the broader spec- need under new geographical and economic reality. trum Colombia, as it offers virtually every product
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PLUMA INVITADA
It’s not easy to manage from a single country, efficiency, some of their needs, currents and other particularly economic realities spilling or acknowledge existence of sophisticated. So without doubt, Alliance Trust may many actors and assets located in different countries. transfer part of their knowledge in many fields such important topics as real estate development in ColomTherefore, now foresee that combine expertise and bia has been transformed by the fiduciary experience. prestige of Trust Alliance well earned in Colombia and recognized, of course, on the outside, with As they say some of their slogans or mentioned in its physical and active presence in Panama, will be their presentations in the full range of services that a matter of many carats enrich the development of you have seen at the entrance to this room, or past viits portfolio with clear benefit to their customers. deo during the meeting, in the past in Colombia “was being built to sell” and for many years “sold to build”. Suffice it to note the growing increase of relations between the two countries, the presence in Pa- The introduction of concept of breakeven in real estate nama of many Colombian entrepreneurs in di- projects has been a provident contribution of a legal fifferent sectors such as construction and banking; nancial institution to good business practices, in an area respect and recognition that exist Panamanian fi- of such importance to countries and communities as nancial services including its prestigious law firms. real estate development and in particular the housing. And in his search, which ensures from pre presale units, I have no doubt that an entity such as Alliance will the trustee scheme plays a central role. And even if it draw best values and strengths of local bodies to esta- doesn’t require in any case this structure, there are many blish successful partnerships, true to its name, which forms of trust business that can be offered to the sector, will allow developmental find support from those who including management of the treasury of the project know better than anyone reality of business and local that surely gives investors and supervisory authorities. activities. The trust business in Colombia has experienced exceptional growth. One could say, without And what mechanisms such as trust assurance that hesitation, which is the fastest growing in financial such success has come to replace or supplement, larsector over past thirty years. Numbers are impressive. gely traditional figures as pledge or mortgage. That is Suffice it to say that the total value of assets managed frequent reference in comparative literature, but has in trust at the end of 2014 amounted to around 40% of known a particular development in countries like CoGDP, to demonstrate the importance it has reached. lombia. She has led to replace the frequent complex and cumbersome judicial process by a commercial But it is not only expressed quantitatively speaking. mechanism in which the goods may be sold at marQualitatively their achievement is equivalent that has ket prices and faster than at trial, helping to decongest been introduced into the culture of the business, ban- the courts. And, on the other hand, we could not fail king sector has understood that it is a formidable com- to mention the importance that Colombia has taken plement to many of its activities, not least because it’s the relationship between the trustee and the puthe thread that allows mooring and organize harmo- blic sector and in general all those who support the nically various contracts linked with an operation and development of infrastructure and major projects. financial consumer finds spaces for services previously seemed distant but now they approach and meet You could say without fear of contradiction, that
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PLUMA INVITADA
there is no transcendental project in Colombia, construction of a hydroelectric, a great highway, a pipeline or assembly of a gas plant, to cite a few examples, that doesn’t start over who is the trustee.
Finally, you will witness exception to bond with her, advantages of having the presence of a fiduciary as Alliance in Panama that not only brings the best of your experience but have talent to pick the best fruits of strengths and peculiarities of Panamanian finanMoreover, laws and regulations that regulate and sti- cial sector, utilizing and leveraging similar or complemulate creation of many long-term projects begin by assigning the management of resources trusts, as it happens today as advances that are delivered to the construction of public works. An additional field promising and linked to Panamanian culture is related to the use of fiduciary arrangements, in combination with other instruments, to provide customers estate planning, one of the most recognized needs for business families, which fills the region. The more required when its members have become world citizens often live in different jurisdictions and have multiple or different nationalities, who, as we anticipated, require global structures that must be harmonized and followed closely. Indeed, in the past we build ab aeternum armored structures, or so we thought, under other environments, but all that has changed given the varying regulatory regime that applies to them, especially on taxes and confidentiality.
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mentary figures as private foundations, the creativity of its bankers and lawyers, in general, the proximity to a community, we are sure, will bring many fruits of his outstanding expertise. To thank my finest hosts Alliance partners, the De Lima Group and Advent International and in particular its young and dynamic President, Dr. Luis Fernando GuzmĂĄn, his invitation to participate in this event and to all of you for your attendance and interest in listening, I predict every success and fortunes for the nascent entity. L&E
NORMS OF INTERST
I
INCENTIVES TO TOURISM ARE REGULATED
n 2012, Law 80 of 8 November 2012 laying down rules for incentives for the promotion of tourism in Panama, which states tourism as a priority and national interest dictates activity. Law 80 in question, establishes a special system of tax incentives for those companies or persons investing in the various tourist activities covered by Law 80 of 2012, in the District of Panama City and outside it and comprises: 1. Farm; 2. Accommodation and related services; 3. Nature or adventure; 4.Cultural or ethnic; 5. Scientific; 6. Cruises; 7. Coasts and beaches; 8. Business; 9. Sport fishing; 10. Events or conventions.
By: Giovana del C. Miranda G. - Attorney giovana.miranda@rbc.com.pa
tes of recognized interest or historical value. On the other hand, provides with regard to the deduction in the case of tourism investment, noting that the investor may be considered as deductible amounts invested in the restoration, maintenance or illumination of historic monuments, sites of recognized historic value, museums, theaters, cultural centers, craft markets, national park, nature trails in areas of tourism development. Likewise, we have established essential requirements for the deduction of investment spending and focus on:
Within this context, Article 13 provides incentives for investment in tourist sites, however it’s Ministry of Finance to regulate the procedures for the deductibility of expenditure on investment for funds invested in restoration, maintenance or lighting historical monuments, sites of recognized historic value, museums, theaters, cultural centers, craft markets, national park, nature trails in areas of tourism development. Based on the above indicated, Ministry of Economy issued Executive Decree No. 51 of 17 March 2015 published in the Official Gazette No. 27745-B which regulates Article 13 of Law 80 referred to in paragraphs above. 1. Certification issued by competent authority which Thus we have, that the Executive Decree provifinds that the works have been done is done. 2. Susdes for the purposes of applying standard definitainability of costs and expenses in the investment. tion of terms: Area of tourism development; certification; Certification of the Municipality; Finally, regulates matters relating to approval of the right to deduct investment spending, so that investor must submit to General Revenue; lighting; mainthe General Revenue recognition request deduction immetenance; Craft markets; Infras diately upon completion of the investment and entity must tructure works; Municipal and natioissue a resolution which approves the application submitted. nal parks; restoration; Ecological trails and siL&E
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NORMS OF INTEREST
PUBLIC INFRASTRUCTURE COORDINATING UNIT
W
ith approval of the Executive Decree No. 129 of March 19, 2015 the Public Infrastructure Coordinating Unit (PICU) under Ministry of Public Works to centralize and streamline the technical coordination tasks, bidding, supervision and execution of contracts is created design, construction, equipment and maintenance of public works and infrastructure projects as assigned by the Cabinet.
By: Giovana del C. Miranda G. - Attorney giovana.miranda@rbc.com.pa
government agencies and price list of references of public works, based on technical parameters and clear rules that increase transparency and competition of offers in bidding process works and projects.
In consideration, it was established that Government has initiated a process of re-engineering of state institutions to increase efficiency and transparency of public instiThe newly created unit, will be made by Vice Minister of Pu- tutions with RBM (Results Based Managing), hopefully blic Works and government representatives who are appoin- in effect this is one of the reasons for the creation of the ted for this purpose and will have a technical committee. unit and especially the changes look for and benefit of the Panamanian people, who have heard promises much. Among functions of the UCI are: L&E 1. Evaluate and pre-approve projects design and construction of public works, ensuring that they meet the technical requirements of each project. 2. To advise, plan, coordinate and implement all actions required for the preparation of terms of reference, specifications, acts of call and bidding processes for contracts with transparency and in accordance with applicable law. 3. Develop a monthly report of completion of public infrastructure. 4. Develop an annual operating plan maintenance of public infrastructure works to be submitted for consideration and approval of the Minister of Public Works. 5. Propose a contractor prequalification system of central
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NORMS OF INTEREST
GOVERNING ADVERTISING DISPLAYS HOURS By: Giovana del C. Miranda G. - Attorney giovana.miranda@rbc.com.pa
O
n February 10, 2015, Municipal Council of Panama issued the Agreement No. 42 24 published in the Official Gazette No. 27731 of March 3, 2015 by which the schedule for operation of advertising structures is established or digital, same advertisements which came into effect on March 4, 2015. States that any digital display advertising structure or outdoor advertising may only stay in operation from 6:00 am to 10:00 pm Sunday through Thursday and from 6:00 a.m. to 11:00 pm Friday and Saturday . Consequently, any operator is obliged to take the necessary measures to ensure compliance with the schedule previously discussed. Are exempt from complying with the schedule, structures or digital outdoor advertising screens located in the corridors. We think it’s good the initiative of Municipal Council to issue an agreement to regulate hours, since in effect structures or digital advertising screens operated at all times and in some places visual pollution that interfered with road traffic was evident. L&E
NON-EXISTENT NATIONAL DIRECTION OF AGRICULTURAL SAFETY By: Giovana del C. Miranda G. - Attorney giovana.miranda@rbc.com.pa
T
he Ministry of Public Security issued Executive Order No. 55 of 24 February 2015 whereby Executive Decree No. 23 of 2014 which created the National Food Security, the Directorate therefore has no legal life is repealed.
Reason has been delegated to the Office of Strategy and Monitoring of National Security, monitoring task in execution of functions in airport security. L&E
NEW DIRECTION IN THE MITRADEL By: Giovana del C. Miranda G. - Attorney giovana.miranda@rbc.com.pa
M
inistry of Labor and Workforce Development issued Resolution No. 1302015 DM of 11 March 2015 whereby the Regional Labor Directorate of North Panama is created with competence and jurisdiction in the corregimientos of Ernesto Córdoba, Las Cumbres, Alcalde Diaz and Chilibre. With the creation of this Directorate is expected to Ministry headquarters decongest; however, the amount is to be counted with qualified and trained personnel to respond to the law and not the whims of partisan politics. L&E
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NORMS OF INTEREST
PANAMA HAS A VICE MINISTRY OF MULTILATERAL AFFAIRS AND COOPERATION
B
y Law 5 of 12 March 2015 published in the Official Gazette 27738-A organic law of the Ministry of Foreign Affairs is modified and diplomatic and consular career and modifications fall within the following states: 1. Paragraph 7 of Article 3 covers functions, in the sense indicate that shall promote international cooperation to and from the Republic of Panama and coordinate with relevant government institutions planning, development and execution of the respective political restructuring . 2. Deputy Minister for Multilateral Affairs and Cooperation is created and who together with Vice Ministry of Foreign Affairs will work directly with the minister in the exercise of its functions and powers and assume corresponding responsibilities. 3. The Vice Ministry of Multilateral Affairs and Cooperation will of its functions to: a) Coordinate multilateral international relations and foreign policy at the multilateral level; b) In connection with sectorial ministries and coordinate, integrate and enhance international cooperation to and from the Republic of Panama public entities. 4. Article 8th developing generic functions that deputy ministers will be introduced namely: a) advise the Minister in the formulation and adoption of policies of the ministry in their own branches, as well as coordinating the administrative control of the Institution; b) Coordinate and monitor the activities of the areas that may be
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By: Giovana del C. Miranda G. - Attorney giovana.miranda@rbc.com.pa
assigned by the Minister to ensure the efficient performance of its functions and plans, programs and projects. c) Plan, coordinate, propose policies and guidelines draw, along with the Minister in relation to the effective performance of functions of the institution. 5. Article 15 which develops structure of the Ministry of Foreign Affairs, is modified as indicating that the higher organs of the ministry as will the office of Foreign Minister, Vice Minister of Foreign Affairs and Multilateral Affairs and Cooperation and General Secretary. Similarly, are part of the structure the technical, administrative and advisory units necessary for the performance of its functions and powers as well as the missions or offices Foreign Service established by the executive body. L&E
NORMS OF INTEREST
BILL FOR FREE PARKING WAS OBJECTED
B
y note of March 9, 2015, President of the Republic, Juan Carlos Varela, formally ruled on the Draft Law 10 of 2014 which amends and adds articles to Law 45 of 2007 and introducing measures on consumer rights the use of local parking lots and malls, adopted in Third Debate on 15 January this year. The document object Articles 2 and 5 unenforceable (ie, not viable) and disadvantages, and Articles 3 and 4 for inconvenience. Executive arguments focus essentially on three main issues: first, the constitutional right to private property; the second, the constitutional right of individuals to engage in economic activity and finally the power of the State to regulate both rights precisely depending on the duty to protect the public interest.
By: Anna Marissa AdmadĂŠ - Attorney anna.admade@rbc.com.pa
in Law 45 of 2007, which lays down rules on consumer protection and antitrust. 4. Rising prices delos private parking. 5. The obligations of the owners of parking: safety of persons and property, and strict liability. In this sense, and specifically, the objections are based on the following:
Articles 2 and 5 (disputed by unconstitutional and analysis of preamble of proposed ini- disadvantages) the Honorable Congressman Leandro Executive concludes that the measu- Article 2 of the project in question, gives consumers in claim to address the following topics: and users in general, the right to use free of charge, for a period of 3 hours, parking spaces for shops, clinics, hospitals and government offices, where they perform shopping, purchase goods or receive a service, except for hotel industry, giving your time to owners or managers, right to establish ne1. The scarcity of private parking. cessary control mechanisms to regulate this use. 2. Proceeds from the owners of shopping centers with It also establishes the right of the Staparking. te to regulate maximum price per minute over. 3. Impunity for violation of parking provisions contained Making an tiative by Avila, the re is rooted
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NORMS OF INTEREST On this, the Executive analyzes the scope of this provision, and esteem as a strictly formal limitation on the right to private property as a fundamental guarantee enshrined in the Constitution, therefore, to try to protect general interest, has used disproportionate means to limit reputed profits as excessive for owners and unfair to consumers, without analyzing the background elements lining problem and in the absence of necessary information to establish a standard for what is valued as “reasonable profit”, which would generate a significant impact on earnings of companies dedicated to these services.
3. Ban charge for fraction or rounding up, can the maximum price per minute regulate state. 4. Adopt mechanisms to allow consumers to pay only for the time of use, for which should allow a grace period for the time spent at the entrance and exit to the area. 5. Ensuring the safety of the area by video surveillance. 6. Hiring an insurance policy with coverage of not less than B / 25,000.00 to account for damage to vehicles in case of premises liability.
He added that the initiative doesn’t propose a solution to In this regard, the Executive considers necesstimulate the construction of additional parking to tho- sary to determine clearly in the Act, authority to se required by the rules of land use, or impose rules to fa- be responsible for setting price caps per minute. cilitate other forms of access to citizens who have no car. It also mentions that scope of the grace period reAt the same time, considers unfair equip the con- ferred to this article should be fixed by this Act.
dition of all establishments (commercial, government offices, hospitals, etc.) as it violates On the other hand, considers inconvenient obligation the constitutional right to non-discrimination. to have video surveillance, without regard to the diversity of circumstances in which the activity occurs.
With equal basis, Article 5 of the draft, which refers to the ability of municipalities to derogate from the obligation of gratitude, for technical reasons or imperative, underpinned by formal report is objected.
Also considers it necessary for protection of the policy is extended not only to vehicles but users themselves, and review the absence of objective parameters for determining scope and coverage of it.
Article 3 (objected for inconvenience) Finally, warns that the proposal excludes the premiArticle 3 of the contested initiative esta- ses currently engaged in renting parking spaces in geblishes the following rules units desig- neral, when referring exclusively to local hire full time. ned to offer rental services parking, full-time:
1. Advertise with 1.22m x 2.44m sign with reflective letters 20cm minimum, placed in a visible place, the service price and conditions. 2. Advise on the sign when 100% of extended parking charge.
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Article 4 (objected for inconvenience) This article refers to the ability of municipalities to establish and apply appropriate sanctions for violations of the Act, with regard to free parking lots. On the same, we see that the text should refer to Law 45 of 2007 consumer protection, it’s framework law to be modified, since incorrectly referred to the text itself constitutes the Act introduced the reforms.
NORMS OF INTEREST
Our considerations:
It’s then necessary to establish a space that brings together all stakeholders, in order to assess scope and limitations of this proposal, scope of which we note is After analysis of objections made by the Execu- national, and reach consensus to ensure protection of tive, you must perform the following notations: property and private investment, and consumer rights.
1. The right wing private property is a right to economic and social nature, and is intrinsically linked to the right to liberty and the rule of law, ie, democracy. It’s enshrined in our Constitution as a fundamental guarantee, and is restricted in the public or social interest. 2. The exercise of economic activities relate mainly to individuals. 3. The State guide, direct and regulate the exercise of economic activities by individuals and intervene in the right of property. However, to achieve a legitimate intervention, the legislature must regulate driving the common good, following principles of subsidiarity and the right to equality of individuals before the law, respecting the economic and social order, regardless of the Constitution policy. 4. The partial objection of a bill approved in Third Debate, by the Executive, results in their return to Second Debate, in order to formulate objections made. If considered by the Legislature’s objections, the bill is approved by two thirds of the legislators who make up the Assembly, the Executive shall sanction and promulgate unable to present new objections. Should no approval of this issue of Legislators, project will be rejected.
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The State shall simultaneously evaluate proposals to encourage construction of public parking lots, mainly in urban areas; analyze the suitability of laws which currently set the minimum number of parking spaces for commercial use, and ensuring the improvement of road systems, interconnection and transportation. L&E
NORMS OF INTEREST
MATCHING OF TAXES ON ALCOHOLIC BEVERAGES
O
By: Augusto García - Attorney augusto.garcia@rbc.com.pa
n March 20, 2015, was enacted Law 6 of 20 March 2015 amending articles of Act 45 of 1995 on Selective Consumption Tax on Certain Goods and Services (ISC) in the Official Gazette. Importantly, according to the preamble of this legislative initiative, when it was presented to National Assembly, it seeks to equalize the tax burden applicable to spirits and beer. Recall that by Act 15 of 2013, an amendment was introduced regarding the tax burden applicable to liqueurs, which is referenced to the alcoholic strength by volume contained in such drinks, however at that time beer was out of the application of this formula for calculating the tax.
Tax Applicable to Alcoholic Beverages. Law 6 of 20 March 2015 provides that tax on alcoholic beverages established in Law 45 of 1995 shall be four hundredths and medium (B/. 0.045) per degree of alcohol content per liter of beverage, made we consider simplifies determination of tax surcharges apply equally defined various alcoholic beverages. Thus the Selective Consumption Tax is equated with booze, which previously established differences in the applicable tax by reference to the price per liter of alcohol and the alcohol content by volume. It’s important to note that ISC is a tax which by its nature is immersed in the selling price of the products subject to this tax, which is why the impact on the trading price of each of the products listed previous lines will depend on the degree of alcohol content of these drinks.
Tax on Beer. Importantly, despite many changes that have taken place in Act 45 of 1995 which regulates the Selective Consumption Tax, ISC rate applicable to beer hadn’t been changed since the enactment. In this sense, Law 6 of 2015 amended Article 25 of Law 45 of 1995 establishing the ISC applies to beer volume is calculated by linear rate per degree of alcohol contained in each liter of
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beer produced domestically or imported, apply the same rate applicable to other alcoholic beverages, ie four and a half cents (B/. 0.045) per degree of alcohol content per liter of beverage.
Derived Income from the ISC on beer. The collected tax revenues from excise tax on beer Law 6 of 2015 states that 10% of this income will be allocated to the program Techos de Esperanza, 20% to the Disability, Old Age and Death of CSS exclusively for the Subsystem Defined Benefit, while 5% of these revenues will go to the Panamanian Sports Institute and the Centre for study and treatment of addictions Institute of Mental Health, respectively.
Other modifications. With the 2015 Law 6 other modifications to Excise Tax consumption among which the return of the collection of ISC in the case of goods imported by National Customs Authority are introduced. However in the case of domestic goods collection thereof shall be responsibility of Directorate General of Revenue of MEF. It’s worth remembering that through Act 50 of 2013 the collection of this tax had become responsibility of the then National Revenue Authority, a fact that generated controversy and difficulties for taxpayers at the time of payment of such tax in case of imported goods. L&E
NORMS OF INTEREST
DRAFT LAW PRESENTED AGAINST MONEY LAUNDERING, TERRORIST FINANCING AND FINANCING OF PROLIFERATION OF WEAPONS OF MASS DESTRUCTION
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n March 20, the Ministry of Economy and Finance took place in the Miramar Hotel, presentation of the draft law takes steps to prevent Money Laundering and Terrorism Financing and Financing Proliferation of Weapons Mass Destruction, where they attended associations and professionals in the public and private sectors, who are presented, the action plan of the same, as well as the FATF process, experiences FATF, the implications for private sector organizations and impact that generate the same in financial sector.
By: Yhestryll Mccree - Attorney yhestryll.mccree@rbc.com.pa
it turned out that only fully complied with forty FATF recommendations to combat money laundering, and thus entered the international gray list, for failing to comply with global standards.
Among consequences of appearing in the gray list are the risk of losing reputation, threats to the banking center, a country less attractive to foreign investment, the withdrawal of banks, views and extensive questioning of correspondent banks, closing accounts and increased costs of correspondent banks, affecting the investment Panama, through Act 42 of 2000, first established grade rating, higher financial cost, so Panama the legal framework for prevention of money laun- decided to fight this and use an action plan badering; subsequently to Law 50 of February 2, 2003, sed on the recommendations of the FATF LAT. was introduced to the Criminal Code terrorism as a new criminal offense, however with this bill Preven- Action plan includes preventive measures against tion of Terrorist Financing and additionally Finan- money laundering, terrorist financing and financing Proliferation of Mass Destruction weapons. cing proliferation of weapons of mass destruction, within which is updating regulations, then After fifteen years since the enactment of Law 42 incur the implementation, regulation, evaluate of 2000, our country is faced with high economic its effectiveness, so that Panama is always kept growth, in which the need to protect trade and up to date and meets international standards. services arises, therefore, by virtue of its international relations and signing of agreements with These assessments will provide an opportunity for different countries Panama, is subjected to an eva- Panama, reposition, being a leader in the region luation of the International Monetary Fund, which and obtain the support of international community.
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NORMS OF INTEREST The objectives of this bill, are as preven- rance and reinsurance companies, adjusters, etc. tion of money to identify and understand the risks and consequences, in addition to im- The nonfinancial required companies based in Paplementing controls to mitigate laundering. nama Pacifico Agency, Zona Franca Baru and free trade zones, Colon Free Zone, money remittance The scope of this bill composes a Presidential companies, casinos, developers, real estate agents Commission High Level (CPAN), which sets poli- and realtors are composed, companies engaged cy and monitors the action plan; Financial Analy- in the construction, transport companies exsis Unit (UAF), which participates as the national changes, pawn shops, companies engaged in the center for the collection and analysis of financial marketing of precious metals, lottery, post office, information that will feature, financial, human, money exchange, companies engaged in buying technical resources; Supervisory Bodies among and selling new and used cars, diamond exchanwhich are the Superintendency of Securities Mar- ge in Panama , agricultural development side. ket (SMV), the Superintendency of Banks (SBP), Panamanian Autonomous Cooperative Institute The Colon Free Zone is one of the sectors with (IPACOOP), the Insurance and Reinsurance of greatest impact of this bill, as set design conPanama (SSRP), plus the BDP Prevention, who trols to ensure reasonableness of its operations, are part of national coordination system, and identity of their counterparts in the chain of foanother of the most important actors are not re- reign trade, in addition to commercial detail exgulated entities Financial, the activities subject to porter, exporting country, port of shipment, etc., supervision by Professionals and Financial Obli- and agrees not to enter into transactions with gated subjects, their branches and subsidiaries. counterparties related to money laundering. The obligors and activities performed by professionals subject to supervision, make the required financial entities supervised by the Superintendency of Banks, which comprise: trust companies, finance companies, leasing companies or leasing, factoring companies; issuers or card processors debit, credit and prepaid, issuers of electronic means of payment and money. Also mentioned are supervised by the Superintendency of Securities among which are securities firms, mutual funds, investment managers, investment advisors, administrative services provider market and also supervised by the Superintendency of Insurance and Reinsurance and insurance brokers, insu-
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Activities carried out by professionals are comprised of attorneys, certified public accountants, external auditors, notaries are obliged especially when conducting purchases, money management, bank accounts, buying and legal persons providing the service provider registered address, acting for the law firm acting as proxy director, shareholder, resident agent, among other services. Note that in this draft between mechanisms of prevention and control requires due diligence for customer identification and verification of information, as well as updating records information and documentation, this
NORMS OF INTEREST is one of main obligations of the obligors. ties to report suspicious transactions, which are operations that can’t be justified or supported Another important point that highlights this against financial or transactional customer probill is that it sets the obligors out due diligen- file, or that operation could be related to moce in the event that customer is a Peps (Foreign ney laundering, Financing of Terrorism and or National) and especially check if the bene- Proliferation of Weapons of Mass Destruction. ficial owner is a politically exposed person, identify the source of their funds and assets. Additionally, training of the obligors, and staff compliance, risk, technoThe provision of services and operations conduc- logy, human resources is contemplated. ted entities shall apply under risk approach, leading to an assessment of services offered to cus- It also mentions that the supervisory agencies tomers, and geographic location that lends service shall impose administrative sanctions for violaand segmentation of customers, so that they can tions of the provisions. consider all the antecedents of customer transactions regardless of the amount and purposes Hopefully this bill, is discussed briefly, and comof service, and secure electronic data transfers. pliance with established GAFILAT agenda, as it is a very important issue, which goes hand in hand with Then there is the obligation of reporting enti- continued economic growth and development.
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CONSULT, DOCTRINE & JURISPRUDENCE THE FINAL ACTS AND PREPARATORY ACTIONS OR PROCEEDINGS ARE DIFFERENT BUT BOTH HAVE THE ADMINISTRATIVE CHARACTER
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By: Giovana del C. Miranda G. - Attorney giovana.miranda@rbc.com.pa
he Office of Administration, in consultation C-0915 of February 12, 2015 by which absolves the question posed by Governor of Los Santos in the sense of establishing “whether the act by which the Governors approved stamp or give permission to start some commercial activities identified in paragraphs 1 and 2 of Article 15, Executive Decree 26 of 12 July 2007, is an administrative act or administrative action.”
met standards that protect the activity will develop.”
In this regard, Mr. Attorney part noting that the approval or prior authorization must give the Governor of Province, where commercial establishments referred to in items mentioned one (occasional house accommodation) and 2 (home of appointment will be located or of occasion, night clubs, cabaret and other similar local) of Decree 26 of 2007, so that they can begin operations, is an administrative act, known as “preparatory act” or “pending”.
Raises, Attorney jurisprudence of the Third Administrative Chamber of Supreme Court, which has held that the difference between final acts and preparatory acts or process, highlighting the administrative nature of both.
Within this context that shouldn’t be confused approval or authorization of the Governor is a preparatory measure, with the final or definitive act that corresponds to the Notice of Operation. Add the Operation Notice that replaced commercial licenses can be considered the “process by which evidence that commercial or industrial activity that will exercise the accused has been duly informed the public administration is left, and includes a interested affidavit, which claims to have
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So that in this particular case, one of the preparatory acts which route to produce these effects is issued by respective Governor, giving approval or authorization, as it is one of regulated business activities within Article 2 the aforementioned Act 5 of 2007, regulated by Executive Decree No. 26 of 12 July 2007.
Concludes the Attorney noting that the act by which Governors stamped the approval or give prior approval to natural or legal persons to carry out commercial activities covered in paragraphs 1 and 2 of Article 15 of Executive Decree 26 of 2007, is an administrative act that the doctrine called “preparatory act” or “preparatory act” which is not contested before the Third Chamber of the Supreme Court, because it decides the main subject or background, as if it is the one that dictates the Ministry of Trade and Industry when confirms and issues the Notice of Operation and decides the main proceedings. L&E
POLITICS THE GOOD EX-PRESIDENTS
ARE REWARDED BY HIS PEOPLES
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By: Rafael Fernández Lara rbcweb@rbc.com.pa
he analysis, judgment and memory of the presidential administration of each agent requires time. I don’t mean to immediate reelection, which in much of Latin America has become a prevailing trend, event currently not covered by our national constitution, but those examples of rulers who in later periods, the very next presidential term having expired they sought the presidency of the republic participate in new elections and submitting to the scrutiny of sovereign popular will. Where the agent is characterized in the performance of command by executing wield great works devoted to the benefit of the nation, constituting an honest government in different spheres of administration, making decisions thinking about underclass, having a clear idea of government the main problems facing their country, resolve, proving his ability as a strategist and visionary, having the insight to understand the grief of his people without expecting any compensation when directed safely and convinced destiny of country, benefiting great majority with justice and equity, opinion of scholars will reward you with the best signs in annals of our history. In contrast, when the country has been a victim of the ruler and his government hasn’t thought about homeless classes, not exercised honestly administration, profiting at expense of people, leaving unresolved problems, citizens remember each and every one of its poor actions. While it’s true that often people have been deceived, the fact remains that also can recognize and remember that a
POLITICS good tree is known by its fruit good and evil by evil fruit tree. Finally, at 80 years old, he pretended to be a candidate for president of the republic in 1936 elecIn our historical political scene, few ex-presidents tions, however his presidential aspirations dewho were later rewarded for his people to choose clined 24 hours before election day. Despite this them to a new presidential term. Some have tried but retreat, won third place in that electoral process. circumstances of various kinds made them discard their presidential wishes. Such is the case of ex-pre- Finally, the three (3) times president died on August sidents Dr. Manuel Amador Guerrero (1904-1908), 28, 1942 at age of 85 years. Mr. Rodolfo Enrique Chiari Robles (1924-1928) and Lic. Guillermo Endara Galimany (1989-1994), who The other political leader honored by the electoral will ran in 2004 presidential election and came in second. after being president of the nation, was Dr. Arnulfo Arias Madrid, who, supported by four (4) Political parties and Moreover, the only two examples of ex-presidents their gift of being a man of great magnetism and irresisof the Republic were rewarded with a new choi- tible sympathy in the masses, was elected first president ce in their high positions, were first Dr. Belisario of the republic on June 2, 1940, with only 39 years old, Porras Barahona, who first ascended to presiden- and was overthrown October 9, 1941, following a coup. cy by far October 1, 1912 until October 1, 1916. Seven years later, Dr. Arias participates in the elections Dr. Porras took over presidency for the second time for of May 9, 1948 but, despite inclination of most of fabeing a first designated (Vice President), elected by the voring his candidacy, according to computation of naNational Assembly for the biennium 1918 to 1920. On tional elections jury Dr. Arias Madrid was the second 31 January 1920 he submitted his resignation as presi- to eliminate him 2,714 votes that secured the victory dent before the breast National Assembly deputies to of his opponent, Mr. Domingo DĂaz Arosemena. The run for president of the Republic in compliance with the difference of votes to finish final count between Diaz national constitution of 1904, according to which presi- Arosemena and Arias Madrid was only 1,116 votes. dents elected for a term of four years who aspire to a new period, had to resign 18 months before . The designated A year and half later, head of the then National Police, (vice) for president who aspire to a new nomination were Colonel Jose Antonio Remon Cantera, problems with forced to separate from office six (6) months in advance. members of Executive Branch, made the decision, on their own, to convene National Jury of Elections, whose Resignation of President Belisario Porras was brought be- members, as submissive and hasty, revised electoral profore the National Assembly and in the same act took pos- ceedings of the political process in 1948, and declared as session of the second presidential inauguration designa- real winner of the elections to Dr. Arnulfo Arias Madrid, ted Lefevre, who took over six (6) months prior to election. by a margin of 2,544 votes. The perception of population was always that Dr. Arias was the true winner of elecOn October 1, 1920, Dr. Belisario Porras Baraho- toral contest. Dr. Arias Madrid was unable to complena was elected president by a third different period, te his term, having been ousted again on May 9, 1951. this time by direct vote of his fellow citizens as a result of constitutional reform made by the Natio- After 15 years, having been president twice and afnal Assembly, reform that would take effect in 1920. ter being re-established their political rights, Dr. Arias Madrid is presented to 1964 election campaign
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POLITICS without allies, have convinced most voters, and faces the incumbent candidate, Don Marco Aurelio Robles, who was supported by eight political parties. Dr. Arias reached second place in elections characterized by irregularities and vitiated by a scandalous fraud. Again, former President Arnulfo Arias Madrid launches his presidential candidacy in 1968 electoral contest and gets the electoral victory for third time, taking office on October 1, 1968. At 11 days the high office, was again overthrown by a military coup. Sixteen years later, at 82 years old, taking advantage of democratic opening sponsored by the military as part of treaty commitments Panama Canal, three-time President Arnulfo Arias, presented at 6 election May 1984 and, judging by the opinion of not a few, lost a fraudulent election day versus qualified official candidate of that time. After this political incursion, Dr. Arias died in exile on August 10, 1988, at 87 years of age. These two cases illustrate the reward of his people for these former presidents of the Republic when aspired to occupy presidential chair again, their strengths and weaknesses.
cal accounts, was victim of electoral fraud. Only held presidency of the Republic for about three years. These two ex-presidents are examples of how largely democratic people attended thinking that both could continue contributing and improving the country, serving his country with sacrifice, no other interest than honorable, leaving their footprints to occupy the highest instance of return to power. When rulers are successful, inevitably currents of opinion that demand their return are created. In our political environment there is no legal impediments to keep some ex-presidents to aspire to a new president. However, when they come knocking on the doors of power, people will remember if their governments were characterized by their strong convictions, if there was foremost default on its election promises, and if there was integrity in the performance of their duties, if they were through the front door or if they began their withdrawal from scandals and allegations.
True leaders backed his people not resigned to disappear, especially those who often remain remembered by others as the best presidents with whom The three occasions when Dr. Belisario Porras served as constitutional president told the country, so they can provide the wealth added ten years, with the dignitary democratically elec- of experience that accumulated during his tenure. ted with more time in power throughout our republican history. In his fourth attempt, at age 80, came to power not Ultimately, it’s the sovereign people who has last word, because withdraws from race one (1) day before the vote. burying them in the trunk of oblivion, or rewarding or rewarding to choose them for another term. L&E Dr. Arnulfo Arias was elected president on three different occasions and in two additional elections in which participated, according to many histori-
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PANAMANIAN ECONOMY MONTHLY ECONOMIC ACTIVITY INDEX, JANUARY 2015
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he Monthly Economic Activity Index (IMAE) in the Republic, by January 2015, measured in terms of original series in 1996 prices, grew by 5.80 percent compared to the same period of 2014. All categories of economic activity showed positive behavior. The sectors with best performance were: fisheries, transport, storage and communications, construction, mining and quarrying, financial intermediation, hotels and restaurants, electricity and water, community activities, social and personal service and trade. Fishing activity continued to report positive rates due to the capture of species destined mainly for export. The operations of transport and communications sector showed a favorable trend, mainly in telecommunications, air transport and movement measured in TEU containers National Port System. Sectors of construction and mining and quarrying showed good pace, attributable in part to the contribution of the construction in the private sector; however, still influenced by the low-enlargement of the Canal and the completion of several large projects of state investment activities. Similarly, increased production of basic inputs such as cement, not, ready-mix concrete recorded, which continued to decline was recorded. Financial intermediation activity performed well both in banking and in the insurance business. Services offered in hotels and restaurants recorded positive rate, mainly due to the increased inflow of tourists, hikers, transit passengers and expenses of these during their stay in the country. The production of electricity and water increased due to higher electricity generation hydraulic and increased consumption billed electricity and potable water; however, decreased thermal power generation. Provision
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Source: CGRP
of fun and recreation reported positive results, mainly due to increase in revenues from gambling halls games of chance, especially type slot machines and horserace activities. Manufacturing industrial production increased related to food processing, manufacture of metal, plastic, paper and publishing activities and printing products activities. Not so, development of non-metal, textiles and chemicals. Activities with less dynamic, agricultural sector recorded an increase in production of milk, banana, vegetables and young cattle, pigs and poultry. On the contrary, fall was recorded in pineapple cultivation, mainly for export. The business has growth both in retail and in the local wholesale, but still influenced by the limitations in the Colon Free Zone. Some of services performed well were private education, demand for qualified personnel and health provided by the private sector. L&E
WORLD ECONOMY FISCAL AND TAX COOPERATION IS KEY FOR FINANCING DEVELOPMENT
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mproving domestic resource mobilization for development requires moving towards greater fiscal and tax cooperation to control evasion, avoidance and illicit flows through the enhancement of agreements and international coordination in taxation, noted authorities and experts following a two-day meeting on Financing for Development held at the ECLAC headquarters in Santiago, Chile. In the Regional Consultation of Latin America and the Caribbean on Financing for Development, ministers and officials from several countries in the region, as well as senior representatives of the United Nations and experts from international organizations and civil society, agreed to bring their proposals as a contribution regional to the Third International Conference on Financing for Development, to be held in July in Addis Ababa. There is expected to reach a global agreement that promotes the fulfillment of goals for post-2015 agenda development. According to those attending the meeting organized by the United Nations Economic Commission for Latin America and the Caribbean (ECLAC) and Government of Chile, while the private sector in financing the development is important, it requires incentives and public policies to guide the allocation of resources towards productive private financing. “The available resources should be prioritized to finance the most pressing needs of Latin America and the Caribbean and, in particular, aim at equality,” said Alicia Barcena, Executive Secretary of ECLAC at the close of the meeting. “This includes close the gaps in development in our region and fund infrastructure needs and social inclusion,” she added. Barcena stressed importance of the voice of Latin America and
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Source: CEPAL
the Caribbean is heard in international forums so that your vision is incorporated against the financing of development. With regard to evasion, explained that the rate of evasion of VAT in the region amounts to between 1% and 2% of GDP, ie the same as receives annually by way of Official Development Assistance (ODA). Furthermore, added that illicit flows in Latin America and the Caribbean reach US $ 150 billion, a figure that exceeds income of foreign direct investment, remittances duplicate resources and exceeds fourteen times ODA. The Under-Secretary-General for Economic and Social Affairs of the United Nations, Wu Hongbo, acknowledged that meeting was clearly established priorities for Latin America and the Caribbean in relation to funding framework for sustainable development. “Countries are responsible for their own economic and social development, but the international community should provide support, sufficient policy space and adequate global economic environment. Issues such as tax cooperation, the resolution of sovereign debt, fair trade regime and stability of international financial system, are critical for countries of the region elements”, said Wu. In its deliberations, delegates participating in Regional Consultation also relieved importance of including the gender perspective in this process and strengthen national and sub-regional benches developments. Hence the need for innovative funding mechanisms and new forms of cooperation, especially with the private sector, to complement traditional and allow to provide stable and predictable for developing countries financial flows adds. L&E
WORLD ECONOMY
THE IMF ANALYZES HOW TO TAKE ADVANTAGE OF INTERNATIONAL TRADE TO PROMOTE GROWTH
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Source: FMI
mid concerns about a “new mediocrity” in global We wanted to find out is whether this is a cyeconomy, international trade should be considered as a clical phenomenon (passenger) or sofundamental part of the stimulus plan of global growth mething more structural (permanent). over medium term, according to a new report from IMF Chensavasdijai: What we found is that about half of In the analysis of international trade which publishes the slowdown of foreign trade is due to cyclical facevery five years, IMF takes stock of the changes in this tors. But there are other reasons for a more structural area and describes critical issues for future work plan. nature, related to maturation of processes that led to rapid expansion of international trade in last two deThe renewed expansion of international trade, which cades; for example, emergence of global value chains. has lost momentum in recent years, could significantly affect the growth of individual countries There is growing end products -such as automobiand the global economy as a whole, the report says. les- that occur in a country with inputs from many others, thanks in part to elimination of trade baIn a talk with the IMF Survey, two of the authors’ -Mar- rriers and cheaper transport and communications tin Kaufman and Varapat Chensavasdijai, Department resulting from technological progress. When they of Strategy, Policy and Review of the IMF- speak of the appeared, these international value chains were imgrowth potential that encloses the reform of foreign portant sources of innovation in commercial field. trade and its catalytic effect on other structural reforms. As this mature business model in the participating countries in the process, and doesn’t contribute much to the IMF Survey: Why is slowing world trade? expansion of trade. The same applies to the entry of new members into the World Trade Organization (WTO). Kaufman: After the international financial cri- Moreover, efforts to advance multilateral trade posis, international trade slowed because there was licy have been arduous and slow. All these faca synchronized slowdown in the world economy. tors have played impetus to the expansion of trade. In subsequent years, there was a sharp recovery in trade, but in recent times that growth IMF Survey: Why is it so important to reactivate trahas been much slower than in the past. de growth in this environment of low global growth?
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WORLD ECONOMY Kaufman: The IMF has a focus on policies that are necessary to prevent medium-term global growth to stagnate in a “new mediocrity”. Trade, supplementing traditional structural reforms, is one focus; also can have a catalytic effect on other structural reforms. For this reason, we believe it is a fundamental component of the Global Agenda IMF’s Policy and one of the fundamental reforms needed to stimulate global growth over medium term. IMF Survey: What reforms help to stimulate trade? Kaufman: The low-income countries (and some emerging markets) have to focus on joining international trading system; ie, develop infrastructure, improve customs, creating a favorable business climate and strengthen policy frameworks and economic institutions to imprint predictability and c r e d i b i l i t y. But better integration with global trading system would also involve liberalization, which is to reduce obstacles. For advanced economies, this means focusing increasingly on investment, services and regulatory coherence. These are the new frontiers in the field of international trade policy. Ensure coherence of regulations is not an easy task because there concerns a single sector. Food is very different from safety of automotive and financial services. The process is complex, but benefits of expanding commercial border to the area of services and reducing trade costs-for each country individually and for world economy as a whole could be substantial.
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IMF Survey: The expansion of international value chains helped to stimulate growth of international trade in recent years. In your opinion, how will evolve these supply chains? Kaufmann: The international value chains that appeared in recent years grew organically. The first emerged in countries with a natural inclination to trade with each other; for example, global supply chain in North America, or Europe or Asia. For other countries to join international value chains, will require a shift in thinking on the role of trade on growth and development strategies. It’s not thinking of exporting goods, but in export tasks or parts of a final good that can provide significant local efficiency and worldwide. IMF Survey: Non-tariff measures are proposed as new form of protectionism. What are and why they are an important area of reform? Chensavasdijai: Non-tariff barriers play an increasingly important role. For example, countries have different requirements to ensure safety of cars or drugs. Here come into play often internal preferences; eg hygiene, food quality and safety. That’s what we call “non-tariff ” on international trade, and part of the problem lies in the lack of data because these barriers vary by country and are not recorded systematically barriers. We believe that there is a risk that some protectionist tendencies will take form of those measures, and lack mechanisms and institutions to prevent it. We must not stand idly against these new forms of protectionism. IMF Survey: The global trade negotiations were conducted in recent years, leaving a void filled other vehicles, such as preferential trade agreements, regional trade agreements and plurilateral agreements. The international trade agreements, do you still have relevance? Kaufman: Yes; the fact that the Agreement has been rea-
WORLD ECONOMY lized at Bali in December 2013 is positive. First, because it is showing a renewed commitment by international community and multilateral efforts WTO; and second, because it revived trade facilitation, which helps developing economies integrate into global trading system. It’s true that in recent times preferential agreements have been a very active channel. These initiatives provide an opportunity to promote international trade policy, which was staying stagnant, and allows countries to move at different speeds. These agreements are fine as long as the fragmentation of the system, operating in an open and transparent manner, and to finish acquiring multilateral dimensions is limited. But the best guarantee of inclusion is that there is also progress in multilateral level.
Kaufman: External experts highlighted the high quality of analytical work of IMF in this field and its relevance for policy. But analysis also see that there is scope for bilateral surveillance by IMF consider further this work. We have to keep doing an excellent analytical work to understand evolution of trade; we need to refine how this evolution is impacting countries; and therefore, we will update guidelines that we broadcast to technical staff of dimensions of trade have important macroeconomic and trade policy issues.
Policy on international trade has gained new momentum globally, and countries should take this into account. Instead of thinking about structural reforms in a world where commercial landscape doesn’t change, IMF and its member countries is the need to reconsider in this new context. In other words, if IMF Survey: Could you give us an idea of the monitoring anyone cares but growth is not thinking in interand analysis of international trade that will make the IMF? national trade, you are going to miss the train. L&E
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WORLD ECONOMY
CARBON EMISSIONS FROM FOREST FALLS BY 25% BETWEEN 2001 AND 2015
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otal carbon emissions from forests declined more than 25 percent between 2001 and 2015, mainly as a result of the slowdown in global deforestation rates, according to new estimates published by United Nations to Food and Agriculture Organization (FAO). Global emissions from deforestation fell from 3.9 to 2.9 gigatons (Gt) of carbon dioxide (CO2) per year in 2001-2015. Deforestation is defined as a change in land use from forest to other land uses. “It is encouraging that overall deforestation is declining and that some countries in all regions have shown impressive progress, as Costa Rica, Chile, Uruguay, Brazil, Cape Verde, Viet Nam, China, Philippines, Republic of Korea and Turkey, and others”, said the Director General of FAO, José Graziano da Silva. “I would urge all countries to share their experiences with other countries. Through South-South cooperation, FAO is ready to facilitate this collaboration and knowledge sharing.” The FAO stressed while, despite the overall reduction of carbon emissions from forests linked to reduced deforestation, emissions from forest degradation have increased significantly between 1990 and 2015, from 0.4 to 1.0 Gt of CO2 per year. Forest degradation is a reduction in the density of tree biomass by human or natural, such as logging, fires,
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Source: FAO
WORLD ECONOMY uprooting of trees by wind and other events causes. carbon sink is related to the growth of planted forests. FAO published these figures for the first time on International Forest Day, which is celebrated on March 21, 2015. The information comes from a larger study of FAO supported by the database on emissions from FAOSTAT and in 2015 Assessment of global forest resources (FRA), forthcoming in 2015 as one of the highlights of the XIV World Forestry Congress to be held in Durban. This will be the first time that this global event is organized in Africa, under auspices of the Government of South Africa, with more than 5,000 participants.
Developed countries still account for the bulk of estimated overall carbon sinks, with a share of 60 percent (2011-2015). This percentage, however, has declined from 65 percent (2001-2010), mainly due to lower creation of new forest plantations.
Developing countries account for 40 percent of the total remaining carbon sink. In terms of regions, Africa, Asia and Latin America and the Caribbean continued to emit more carbon than they absorb, although emissions in Africa and Manage forests in a sustainable manner to address Latin America declined between 1990 and 2015. Only impact of climate change Brazil accounts for over 50 percent of overall reduction Sustainable management of forests will result in re- Estimated carbon emissions between 2001 and 2015. ducing carbon emissions from forests and has a vital role to play in tackling the effects of climate Forests of Europe and North America functioned as net change, emphasized the Director General of FAO. sinks of carbon between 1990 and 2015 as they absorb more carbon than they emit, while Oceania showed no “Forests are crucial for carbon balance and contain clear trend in forest emissions over the same period. almost three quarters of total carbon in the atmosphere. Deforestation and forest degradation will in- Methodology crease the concentration of greenhouse gases and, The FAO analysis is based on national data submitted to in turn, growth of forests and trees absorb carbon the Organization by countries with land and air measudioxide, the main greenhouse emissions”, he added. rements. They aren’t directly comparable to measurements using only satellite images that, while useful, don’t Graziano da Silva also stressed the impor- capture certain forest types or stages of the growth cytant role of sustainable agriculture to redu- cle, and easily capture the dynamic changes of land use. ce pressure on forests, along with “implementation of the UN-REDD program to reduce For example, dry forests of Central Africa and Braemissions from deforestation and forest degradation.” zil have large spaces between trees, often have few leaves for much of the year, which makes them diffiThe imbalances between countries and regions cult to capture by remote sensing, and regular gatheCarbon sequestration by forests help counter, though ring activities in forests under management may not entirely, global emissions due to conversion of fo- be perceived as deforestation in satellite studies. L&E rests to other types of land use. Forests absorb and store additional two million tons of CO2 per year (2011-2015), excluding emissions from deforestation. Half of forest
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WORLD ECONOMY
COMPOUND OF MAIN INDICATORS (CLI), OECD, MARCH 2015
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he main composite indicators (CLIs), which are designed to anticipate turning points in economic activity relative to trend, pointing to a positive change in the momentum of growth in euro area and the momentum of stable growth on other more important and OECD area economies as a whole. In Germany, the CLI confirms positive shift in momentum tentatively was marked in the assessment last month. It has also improved the outlook for Italy and France, with CLIs now showing tentative signs of a positive change in momentum.
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Source: OCDE
Stable growth momentum is expected from most other major economies, including United States, United Kingdom, Canada, Japan, China and Brazil. In India, the CLI continues to indicate firming growth, while in Russia the CLI still points to a loss of growth momentum. L&E
WORLD ECONOMY
IBERO-AMERICAN ARBITRATION CENTRE (ICAR) IS CREATED
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By: José Javier Rivera - Attorney jj.rivera@rbc.com.pa
n March 19, 2015, in Buenos Aires, Argentina was created the Ibero-American Centre for Arbitration, whose initials are ICAR, constituted as a Civil Partnership nonprofit. The institute is the agreement of the Chambers and Business Organizations, Trade and Industry and Schools, Orders and major associations of lawyers in IberoAmerica driven by mandates of Plenary Meeting of Ministers of Justice of Ibero-American Countries in the 2010 and 2013 and the XX and XXII Ibero-American Summit of Heads of State and Government held in December 2010 in Argentina and in November 2012 in Cadiz, Spain, respectively. The role of the Ibero-American General Secretariat in momentum and support members: for this initiative was vital to creation of the Centre. a) Founders, who are those involved in the act of incorThis agreement was prepared by the “Framework poration of the association. Agreement on Partnership to promote the for- b) Number, which will be entering after establishment mation of a Ibero-American Centre for Arbitra- of the association. tion” signed in Brasilia (Brazil) on October 3, 2012. c) In honor those whose prestige or for having contributed significantly to dignity and development of the The aims of ICAR administer arbitrations, recon- association mode, creditors make that distinction. The ciliations and international trade and investment, appointment of honorary members will correspond to which will require mediation. Also, disseminate and the Assembly on the proposal of the Board. promote the culture and practice of arbitration, and the use of conciliation and mediation as methods Partners will cause low for any of the following causes: of resolving disputes, controversies or disputes. a) By voluntary resignation, communicated in writing to the General Secretariat. Within the association existed the following classes of
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WORLD ECONOMY b) Breach of financial obligations if it failed to meet more than four installments. They may be founders or number, those legal persons from Latin American countries (as the determined membership by the Ibero-American Summit of Heads of State and Government) with capacity to act with an interest in the development of the aims of the association and so request. Admission budget will question the condition of chambers and business organizations, trade and industry, or similar, as well as schools, orders or associations of lawyers individually or federated mode of the province, state, district or region question and bar associations and other entities or non-profit organizations and relevant to the purpose and object of the ICAR. Shall not be admitted as founding members or number individuals.
proposed arbitrators shall quota by country and specialty, with each country being submitted by agreement between its national partners. 5) Pay fees and ordinary and extraordinary contributions established by the Assembly. 6) Perform dissemination and support for the Centre to be decided. 7) Perform duties imposed by this statute, regulations and rules adopted by the Centre and the resolutions of the Assembly. The organizational structure of the Center include: 1) Assembly 2) Presidency 3) The General Secretariat. 4) Monitoring Body of the Arbitration Tribunal. 5) Audit Commission. 6) Directive Commission.
The partners have rights and obligations such as: The Association establishes its registered office in Madrid (Spain) and its main territory is the Ibero-Ameri1) Participate in meetings and vote. can countries. L&E 2) Being chosen for corporate bodies. 3) Receive documents that need to be known to those associated with necessary time for its consideration prior to meeting in study 4) Participate in preparation of lists of arbitrators. The
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ENVIRONMENTAL CAPSULE THE NATIONAL AUTHORITY OF THE ENVIRONMENT IS RAISED TO CATEGORY OF MINISTRY
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n order to incorporate the environmental variable in the decisions of the State, the President, in recent days, passed Law No. 8 of 25 March 2015 creating the Ministry of Environment.
By: Maybé Mendieta - Attorney maybe.mendieta@rbc.com.pa
One of figures who believes this law is coercive jurisdiction for recovery of sums owed to the institution and to allow compliance with sanctions imposed on those who fail to comply with environmental regulations; which implies appointment of executors judges, who may orThat Law No. 8 of 2015, published in Official Gazette No. der interim measures for recovery of such amounts. 27.749-B of March 27, 2015, includes the legal provisions for “environmental governance” generating some chan- Importantly consider the above, will give goverges concerning operation and functionality of previous ning body of environmental greater formality for Authority ; also amends provisions of the Act establis- the “environmental planning” and definition of pohing the Aquatic Resources Authority of Panama (Act licies and regulations in order to maintain ecologiNo. 44 of 2006), aimed at the protection, management, cal processes inherent to natural systems and preseruse and sustainable use of natural resources of the nation. ve biological, genetic and cultural diversity, as well as resources for sustainable use within the country. L&E The Ministry of Environment as governing body of environmental management and renewable natural resources maintained between its powers, implementation of the national policy environment and issuing resolutions, technical and administrative rules. However, it has new powers among which are: - Legislative initiative, as it may adopt and submit draft laws; within which highlights the Forest Act. - Improved identification of its budget, preparing the relevant proposals and consonant with the current situation of the institution; - Regulatory structures that make up the ministry through executive orders, ie regulation in conjunction with the Executive Branch; - Participation in the Cabinet.
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ILLUSTRIOUS PANAMANIANS BIOGRAPHY OF JOSE DOLORES MOSCOTE
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BIOGRAPHY
By: Milena Vergara - Secretary milena.vergara@rbc.com.pa
e was a great educator, a prominent jurist and Panamanian constitutionalist, who laid the foundations of the Panamanian national doctrine on the right. He was born in Cartagena de Indias in 1879, and studied, secondary and university, the University of Bolivar in that city. In 1900 he married Dona Ana Maria Brid Sotomayor, have five children: Graciela Adelaide (the oldest), Rafael Euthymius, Ana Luisa, Alicia Dolores, and Bertina (the younger).
(1931). o Guidelines for constitutional reform (1934). o Practical activities of the rural teacher (1936). o Constitutional Studies (1938). o Reason and bill the administrative court (1943). o Panamanian Constitutional Law (1943). o Draft constitution in partnership doctors Ricardo J. Alfaro and Eduardo Chiari (1945).
After receiving the degree of Doctor of Law and Political Science, University of Bolivia (Cartagena de Indias), travels to Panama where he settled since 1903.
In his writings he collaborated and directed some magazines and newspapers such as “El Tiempo”, “Journal of Panama”, “Journal of Public Instruction”, “New Magazine”, “Journal of the University”, etc.
Were numerous public officials who came to occupy, from Elementary Teacher; Professor of Secondary and University Education; Inspector General of Education; Vice Chancellor and Rector of the National Institute; Dean of the Faculty of Law of the University of Panama; General Dean of the University, etc. Along with Dr. Octavio Méndez Pereira organized the nascent University of Panama. For its cultural and educational work, he was honored by the Panamanian government and other foreign countries. He was also a leading member of the Panamanian Academy of Language and Colombian Academy of Jurisprudence. He wrote several books of a scientific and educational as: o Speeches and lectures (1916). o Idealistic Pages (1917). o Revival of natural law (translation) (1920). o Themes (1924). o Ideas and American political institutions (translation, 1931). o Introduction to the study of the constitution (1929). o An experience, six years rector at the National Institute
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In recognition of its work in promoting equitable access to education in Panama have created several institutions that bear his name, including: • José Dolores Moscote Institute (secondary school). • José Dolores Moscote and Narciso Garay library, in Bethania. • José Dolores Moscote auditorium at the University of Panama. His latest book was titled “Journey”. He died in Panama City on April 4, 1956. Their works and their strong influence on the thinking and Panamanian constitutional action, two extraordinary national jurists have externship praise to this illustrious figure. This is Dr. Jose Isaac Fabrega and Carlos Bolivar Pedreschi respectively quoted below: From the foreword written by José Isaac Fábrega of the thesis “The Constitutional Thought of Dr. Moscote”: “It is, without doubt, the main record of service of Dr. J.D.
PANAMEÑOS ILUSTRES Moscote was in that aspect could be synthetically defined as “the idea and Moscote action against the State”. Well that idea and that action were remarkably bold and eminently revolutionary. Moscote, with that rhythmic perseverance as he watched always those who followed him closely, lashed classical concepts, insisted in their rush, was becoming a deeply rooted opinion. And in that belligerent rebellion against the traditional and untouchable, scored a definitive victory today is evident in our Constitutional system and, particularly, in the new sense of our individual rights, the new concept of property rights in the emerging strength of Guarantee institutions in the popup reality of social rights. Dr. Moscote reviewed, thinking and acting, the Panamanian State in its basic structure, springs, and their purposes. And the state we now have on the ashlar of the 1946 Constitution, design and his work is very appreciable degree. I, who was his disciple for my enjoyment and my enjoyment and pride, attended the 1945 Convention Moscote ideas as north and numen. Carlos Bolivar Pedreschi, who was also his disciple - in much more recent times, of course - was the work of his thesis with the same ideas of Moscote. He worked on them firmly. And his efforts were crowned with success. “ From the introduction of the thesis “The Constitutional Thought of Dr. Moscote” prepared by Carlos Bolivar Pedreschi: “His teaching vocation was originally exploited in the training of teachers who would go to make room to culture throughout the country. This particular aspect of their contribution was mainly met at the National Institute educational center which became Rector. Subsequently, at the National Law School, his temperament began to be channeled into the training of lawyers who, armed with sufficient academic instruments were later to fill up some, the positions of the judiciary, and others, to switch between practice of law and political militancy. However, convinced of the social role that both men and institutions were called to meet, seemed limited direct action against the disciples and, in an effort to project its cultural influence to radio all of national life, alternated teachers with publicist activities. Actually, it would be more accurate to say that in the publication of works, Dr. Moscote found another way to express their temperamental predisposition educator. It was thus able to leave us, to cite only legal, works such as “Introduction to the study of the Constitution”, published in 1929 in connection with the silver jubilee of the Panamanian Constitution of 1904; “Orientation towards constitutional reform”, released in 1934 and shining argument on the need to update the philosophical principles on which the Panamanian State was based; “Constitutional Studies” published in 1938, short essay on the Consti-
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tution, Brazil and comments on the Draft Constitution of Mr. Fabian Velarde.; “The Panamanian Constitutional Law”, 1943, a kind of synthesis of his constitutional thinking with comments to the articles of our Constitution, 1941; “Guarantee Institutions”, published in 1943, exhibition on the protection, control of constitutionality and a d m i n ist r at ive courts; co-author of the first draft of the Constitution which, with slight variations, approved conventional 1946 and author of the preamble to the first draft was accompanied in question; eventually death surprises him at a time when preparing your comments to the Constitution of 1946, exegetical work and on which he could hardly advance the study of the first 18 articles of the Charter in question. In our country, among the elected Moscote find the doctor who, without fanfare and anonymously for many, formed awareness of the new responsibilities of the state and the new values should be directed to the realization of public activity. Touched great sensitivity, were his works that, in the legal field, better collected the institutional needs of our environment and better pulsed national sentiment. So, sensitive business that rare virtue, as it could become a real intellectual thermometer whose works could clearly read the moral and political temperature of the country. The above reasons, and others on which the brevity of an introduction doesn’t allow us to develop, are justified underpinning our desire to contribute, to the extent of our recognized limitations, the task-oriented prevent the memory of Dr. Moscote fall ostracized they have fallen of equal or superior merits, victims of the Phoenician philosophy that threatens to subvert the best of human thought.” L&E
EDUCATIONAL CAPSULE
REALITIES OF EDUCATIONAL FIELD
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ur schools are experiencing great difficulties in terms of infrastructure problems nationwide realities never ending, until the root needed to counteract such problems with measures are not taken. In recent days, in different media has been reported that many schools in the school district of Panama and the hinterland, have impaired their facilities because they haven’t been given due maintenance, grounds by which classes in these centers were one or two weeks after the day established by MEDUCA to start the school year. Such is the case of Jose Remon Cantera school; it’s amazing that this institution, located in a central area, have infrastructure problems in terms ceiling, plumbing, electrical, painting, among others, reason why classes began last March 24; is inadmissible that the authorities of MEDUCA both previous administrations, like the present, have not taken due importance to this issue that directly affects students, being a school that has more than 65 years after its construction, by thus needs continuous maintenance in the short and long term.
By: Alexander Canto - Teacher Education archivo2@rbc.com.pa
As in previous cases, the José Dolores Moscote school also initiated late classes, March 16 due to repairs electrical wiring systems, furniture, others were unfinished. Note that in this institution is undertaking the construction of two pavilions. On the other hand, students and teachers at the school Francisco Miranda area Felipillo class on strike for lack of chairs and desks. Some students said they have to teach stand and bathrooms are terrible conditions, as doesn’t have laboratories, and for that reason, calling for an immediate solution to remedy deficiencies afflicting the school and they face day by day; affecting the teaching process. Continuing the long list of complaints; also adds the College Ernesto T. Lefevre, located in Juan Diaz, who also made a stop classes, not having enough teachers. The Parita Education Center in the province of Herrera, was one of the schools that classes start two weeks later, because their infrastructures are not suitable for welfare of students.
These are just some of the cases that have been reported. Similarly should consider a point which is that Another of the schools located in the capital in complaints our students have the responsibility to care faby the poor condition of its facilities was the School of cilities school campuses, and contribute to conArts and Crafts Melchor Lasso De La Vega, where tea- serving resources provided for their education. chers together with students performed a militant 48hour strike to demand MEDUCA authorities immediate It begs the question then, students have a posolution as are rooms without light, broken roofs, labo- sitive attitude about care of their school. ratories do not work as well as bathrooms, among others. Something very strange happens in private schools, no
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EDUCATIONAL CAPSULE such problems is presented in terms of infrastructure, because organizational structure is totally different, their economic income, are not part of MEDUCA to perform the corresponding maintenance of schools, mostly depends on the parent club and the manager in charge of campus.
maged health needs, a focus of the classroom and other burning well give immediate solution to the problem.
Now the question what is the situation of many schools in the interior and inaccessible areas, which are worse comes we will be able MEDUCA the new The current government has created a coalition of public administration to resolve the serious problems fainfrastructure that seeks to centralize and streamline cing so many educational institutions; where reitechnical tasks, tender, monitoring, enforcement, cons- terate that the only ones affected are our students. truction, equipment and maintenance and other works or public infrastructure projects, with the creation of Another important aspect is not only infrastructure, this new drive unit, I think contribute a little to impro- but also count on the teaching resources and educave the situation in the college, but not 100%, because tional inputs necessary to have adequate equipment in that nationally we have about more than 3,000 educa- terms of technology, to facilitate the construction of new tional institutions, consider the coordinator of public knowledge, due to the constant changes emerging in our infrastructure unit doesn’t encompass the entire main- society, challenges to be faced in the best way possible. tenance of the same because in this new unit involves many aspects in terms of infrastructure, to which they Culminating on the importance of having appropriamust respond to public works, the various state institu- te points and motivators, ie have good infrastructutions, as assigned, and not to focus on a single project. re to further their education, where they can form their objectives and set goals and achieve high acadeTaking as reference the above, various problems pla- mic standards, contributing positively to improve the guing the student population, which has become a time future of our students throughout the country. L&E bomb, is aware of all that is a problem that is not new, but previous years, where none of the past administrations sought a concrete solution to improve the education system and which over the years have deteriorated for lack of maintenance of schools nationwide. Therefore MEDUCA to avoid these problems, should consider an entity exclusively for infrastructure area, where develop a work plan well structured and organized, operating throughout the year, which is paramount to address various problems, evaluate facilities of schools in a specific period, in this case it would be advisable later this year, not to disrupt classes and in turn can have the budget required to carry out the corresponding repairs of each institution holidays, besides this should be taken into account in providing a budget to schools as a fund to cover basic when required as for example when a da-
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FASHION
By: Nadia Chang - Strada Eleganza rbcweb@rbc.com.pa
Elements that make a good tailor suit
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his month will talk concisely about most important elements to consider when they wear a dress, or Suit. Are very important details that must be taken into consideration when buying and notching clothes, because it will determine how right will shine and how they should fall into each of the body parts.
MODA
So I can recommend: 1. NECK: Watch jacket and shirt neck, prevents wrinkles, it must be perfectly proportion of your neck. Note that the neck of the bag should go above the collar. If the neck of the sac doesn’t cover the tips of the collar means that the bag is too wide and it is not the right way to use it. 2. SHOULDERS: When you pass your hand over the sleeve, you should feel the edge (light) of the shoulder sack, but not the edge of your shoulder. 3. TABS: The flaps must fall without wrinkling chest forming a v. If the flaps open, your coat is guy and lose all proportion to your size.
Remember that your formal presence is one of the most important. The cuts of suits change according to the seasons and trends so choose at least two brands that you feel comfortable and takes care of all the details mentioned above to always see you in the best way possible.
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MODA 4. FIGURE: The sac must be closed without causing wrinkles in back. If wrinkles are vertical bag is too large, if wrinkles are horizontal bag is very small. When sac closes should be just enough space to mark your body in the best way. 5. LONG: The classic cut along the sack should reach (with stretched arm) to the knuckles or where the thumb of the hand ends. Seen from long pants and jacket to be the same to balance your figure. 6. POCKETS: If the sac has pockets on the sides or front, you must take care that don’t open or generate volume not necessary because only you will see wider in that area of the body. If the pockets are opened, the sac outgrown you.
7. LONG OF SLEEVE: This should fall approximately 10 cm above where the thumb of the hand ends, revealing an inch of shirt cuff. For a classic cut should not be seen cuff links or twins. 8. LONG OF TROUSERS: Consider a break before the light trousers for the back pants should fall just when the heel of the shoe begins. Taking into account the cut pants; the straight cut drop right heel, while the slightly narrower cut above and will fall short break for the front.
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SPORTS CAPSULE By: Albin Rodríguez albin.rodriguez@rbc.com.pa
BEACH SOCCER NATIONAL TEAM TRAVELS TO HIS CONCACAF’s FIRST WORLD PRE
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ith his mind set on reaching their first beach soccer world cup in his first participation, these players are willing to make history in this global pre in El Salvador since the tournament qualifies 2 teams for World Cup this year in Portugal. Uruguayan director Schubert Perez pointed them to face this tournament seriously though all are beginners and go with the clear objective. The national team worked for two and a half months prior to their participation in the pre world and the same form parties of the players who have worn the national team in futsal as Apolinar Gálvez and Edgar Rivas, as well as the football 11 as Francisco Portillo. Besides Perez and Campuzano, traveled Angelo Williams, goalkeeping coach; Arturo Bolvarán, props, and Luis Alfonso Garcia, team manager. L&E
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SPORTS CAPSULE
PANAMANIANS AND TICOS: CENTRAL AMERICAN CLASSIC
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By: Albin RodrĂguez albin.rodriguez@rbc.com.pa
peaking of rivalry to a Panamanian selection is talking about Costa Rica.
While it is true that Costa Rica has advantage in direct confrontation with Panama is concerned, it is also true that the advantage that at some point could exist between the two is getting narrower. Examples are the last ten games they have played both teams where stats indicate that Panama adds two victories, same as Costa Rica, and in total there are six draws. But hopefully this game is clean with good performances from both teams. Actual mind the selection of Panama is located at position 61 and the selection of Costa Rica at position 13. L&E
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VS
NATIONAL SENIOR BASEBALL CHAMPIONSHIP
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By: Albin RodrĂguez albin.rodriguez@rbc.com.pa
n this inaugural national baseball has been very competitive and well prepared as the province of Cocle and Herrera lteams atter has been the surprise because of its proven so far this tournament performance.
Also teams like Chiriqui, Panama Metro and Los Santos have shown good level. It is noteworthy that the champion team Bocas del Toro, had a very slow start losing their first three games, but ah known recover again being among the top three teams in the standings. Since starting the second round there qualified for the next round of qualifying that would be six teams like Chiriqui and Herrera, hopefully as finishes the first round teams. L&E
CULTURAL CAPSULE
By: Mariela de Sanjur mariela.sanjur@rbc.com.pa
Rivera , Bolivar and Casta単edas them Extends Congratulations to the Pro Faith Foundation In its 15 years Solidarity and driving Christian evangelization in Panama
Festival from Diablos Congo Portobelo
CÁPSULA CULTURAL
April Activities:
• Biomuseo until April 6 will be the temporary exhibition: Giants Sharks, tiny Camels. • The Seventh Summit of the Americas held from • MAC: Dark Looks until April 12 10 to 11 April in the ATLAPA Convention Center. • MAC: George Grosz: The Big NO to April 26 • Panama: It is on display until April 19 photo exhibition “Canal Expansion: From An Ocean • Secretary day, Sunday, April 26 Other”. Images of the renowned French artists Carole Pampoulie and Frédéric Bieth. • Earth Day: April 22 • Museum of Religious Art: have until April 2 a sample of crafts and religious art. • World Health Day: 7 April • Penonomé is celebrated on April 24 the 434 years of its foundation.
Theater: • Cabaret Nigths from 7 to 19 April Teatro ABA • Each Loco with its theme of April 9 to May 3 Teatro La Quadra. • Neither death separates us ABA Theatre until April 2 • Liric Night 2015, National Theatre April 23 • Anita Ex Orphan Teatro ABA up on 19 April • Open Couple every Tuesday and Wednesday April at the Bar Street Theatre Uruguay.
Exhibitions: • A veces Gris, a veces Blanco, exposición del artista Luis Carlos González en la Casa Góngora del 10 de abril al 2 de mayo.
Museums:
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Concerts: • Ruben Blades “Caminando” Tours Thanks and Goodbye, April 25 at Plaza Figali • A Night at the Opera, Opera Foundation organized by April 6, National Theatre • Biomuseo: Panama Cantus Choir will present the concert “A sunset serenade” which will be on Sunday March 29th at 5:00 pm. Suggested donation B/.10.00 for the benefit of public programs Biomuseo.
Ferias: • Week Latinoamericana Diamond & Jewelry, an event of buying diamonds and jewelry, under which he will officially open the first phase of the headquarters of the Diamond Exchange, a pioneer of its kind
CÁPSULA CULTURAL
in Latin America. The activity was held from 27th to April 30th and will feature a variety of jewelry and gemstones. • Capira Agricultural Fair from 16 to 19 April • Fair Expo-orchid in Boquete from March 27 to April 5 • International Fair of Azuero from April 23 to May 3 • Colón National Fair from 9 to 19 April
Sports: • Soccer: International/friendly Panama vs Costa Rica March 31 8:00 pm Rommel Fernandez • Ocean to Ocean, race insignia Creba since 1954. This year will be from 27 to 29 March. • Portobelo Extreme17th version2015: April 26 • Baseball: LXII Mayor Baseball National Championship “Roberto Bobby Prescott”
Conferences, lectures and workshops: • Leader Women with Vyanna Pereda Hotel Marriott April 22. L&E
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