Magazine L&E September 2014

Page 1

TRIBUTARY ASPECTS OF THE CONTENTIOUS ADMINISTRATIVE

THE DIVERSIONS OF PROGRAM OF NATIONAL HELP (PAN)

THE FESTIVAL OF MEJORANA” IN GUARARÉ

#SolidarityTies

PROMOTED BY THE FIRST LADY’S OFFICE AS PART OF CAMPAIGN AGAINST CANCER PREVENTION

ISSN1726-1477 EDICIÓN SEPTIEMBRE

www.rbc.com.pa


Colaboradores en esta edición José Javier Rivera Rafael Fernández Lara Elizabeth Fragela Ruiz Maybé Mendieta Giovana del Carmen Miranda Milena Vergara Albin Rodríguez Nadia Chang Mariela de Sanjur

CONSEJO EDITORIAL José Javier Rivera

Giovana del C. Miranda

Portada y Diagramación: Virginia Medina Fotografía - Mariela De Sedas de Sanjur


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CONTENT Editorial 6. THE DIVERSIONS OF PROGRAM OF NATIONAL HELP (PAN) Invited Writer 8. LEGAL CONSIDERATIONS CONCERNING THE BILL No. 61 WHICH ARE ADOPTED BY PUBLIC POLICY EDUCATION COMPREHENSIVE CARE AND HEALTH PROMOTION.

Norms of Interest 12. MAY NOT SELL ALCOHOL IN RUG STORES 12. COLONIES, PERFUMES AND TOILET WATERS ARE TEMPORARILY EXCLUDED FROM HEALTH RECORD

12. ADDITIONAL INCENTIVE FOR SHIPS THAT REGISTER IN THE MERCHANT MARINE IN PANAMA

13. PREVENTION AND CONTROL OF NOT TRANSMISSIBLE DISEASES Consult, Doctrine y Jurisprudence 14. TRIBUTARY ASPECTS OF THE CONTENTIOUS ADMINISTRATIVE Polític 25. MEMBERS OF THE NATIONAL ASSEMBLY THAT WERE ELECTED PRESIDENT OF THE REPUBLIC


CONTENT Panamenian Economy 27. COMMENT ON CONSUMER PRICE INDEX NATIONAL URBAN: AUGUST 2014

28. IMPORTANCE OF TECHNICAL STANDARIZATION IN THE PANAMANIAN ECONOMY 30. MONTHLY ECONOMIC INDICATORS MAIN: JANUARY - JULY 2013-14 COMMENTS

34. FOREIGN DIRECT INVESTMENT ADDITIONAL INCREASE TO 2,575 MILLION World Economy 35. FAO TABLE OF FOOD PRICES FELL TO LOWEST LEVEL IN FOUR YEARS 37. CHINA ECONOMY WILL GROW OVER THE FORECAST 37. LATIN AMERICA GROW BELOW 2% IN 2014 38. DIRECTOR GENERAL OF THE ILO CELEBRATES G20 AMBITIOUS COMMITMENT TO PROMOTE DECENT WORK

Tips for goods dress 40. TRENDS 2014 SPORTS JACKETS AND BLAZERS Sports Capsule 43. PANAMA TO FACE MEXICO ON OCTOBER 12 QUERETARO Cultural Capsule 45. THE FESTIVAL OF MEJORANA” IN GUARARÉ 47. #LazosSolidarios


THE DIVERSIONS OF PROGRAM OF NATIONAL HELP (PAN)

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hen the Program of Social Assistance (PAS) and the Emergency Social Fund (FES) under Ministry of the Presidency in May 1990, in the midst of the aftermath of American invasion that defeated General Noriega was established, fixed the general objectives of this program among which are the following: a) Make efforts by the State to the attention of social urgency alive the country. b) Create jobs. c) Provide income opportunities to the population, with emphasis on the poor and marginalized groups, in order to meet their basic needs. d) Strengthen the capacity of self-management of informal sectors of the economy and the neediest groups. e) Contribute to the expansion and improvement of economic and social infrastructure. f) To promote and strengthen the management capacity of Non-Governmental Organizations that targets socioeconomic development. g) Strengthen structures of local governments to increase their capacity to meet community needs. Note that the PAS Board consisted of the following persons: a) The President, who shall preside. b) Minister of the Presidency. c) Minister of Planning and Economic Policy. d) Minister of Health. e) Minister of Education. f) Minister of Housing. g) Minister of Labor and Social Welfare. h) Minister of Trade and Industry. i) Five Panamanian citizens who are not public officials, 6. Legislación y Economía - Septiembre 2014

José Javier Rivera - Abogado jjrivera@rbc.com.pa

recognized qualifications, chosen sectors related to objectives of the Social Action Program (PAS), appointed by the President, and who shall serve pro bono. Clearly, this program was structured on the basis of a temporal life, as it was meant to resolve a crisis resulting from isolation that forces loyal to Noriega placed the country, to be relevant to remember that the end of Noriega dictatorship, American companies were forced by their government to pay no tribute to the Republic of Panama. With the passage of time and by eliminating the circuital items from deputies in the government of Mireya Moscoso, emerged a leak that was the restoration of these items through a costume tailored to the Social Investment Fund (FIS) was called and now changed the name, but not in the way, and is called National Assistance Program (PAN) as Executive Decree 690 of July 22, 2010. Much contrast between the original idea Guillermo En-


dara Galimany statesman who conceived in their government this entity in order to obtain support of governments and institutions in order to undertake the major tasks of rebuilding a democracy that had been virtually extinct in the early 80, compared to the current conception of the so-called National Assistance Program (PAN), which as all citizens have seen and heard, was used to obviously violate Article 136 of the Constitution which requires authorities to ensure freedom and honesty of the vote.

circuital negotiated items, items for Members, meeting budgets, infrastructure and a whole criminal structure that represents an embarrassment for the business class.

In the case of the Ministry of Education backpacks, nutritional biscuits were purchased, school repairs were made with funds from this entity at prices that were exorbitant. Also many businessmen made huge profits with bags of food, household items, tools, materials, and other agricultural inputs required for the construction, instruments and other products for starting a business or pretending to.

None of this means that not prosecute those who have committed serious illegal participating national funds as purchasers of goods or providers of these goods and services at the expense of the national treasury. No excuses, no time to lose in this decent task that claim the country.

In considering this Executive Decree No. 90 of 22 July 2010 and its amendment contained in Executive Decree No. 6 of 17 January 2011, it plain that this Executive Order is not only unconstitutional because it violates provisions on national budget on responsibilities of the Ministers of State referred to in Article 184, and public Indeed, with direct participation of the then Pre- procurement rules of section 266, but also violates laws sident Ricardo Martinelli Berrocal, came through relating to the functions of ministries such as Ministry the PAN, direct and indirect government support of Public Works, Ministry of Education, Ministry Social candidates for elected office, the government par- Development and Ministry of Economy, among others. ty of followers through the use of PAN resources. Beyond this strictly legal development, practical reaIt’s common knowledge the billions that were used by this lity after the Martinelli government makes it mandaentity, also in violation of Article 266 of the Constitution tory that President Varela, in his capacity as first servant executing works, making purchases, contracting services, of the state, to attend to the deeper meaning of this ho“with funds allocated to PAN” using procedures other than norable distinction that has made the country to eracompetitive bidding, particularly invitation directly or dicate once and for all this organization, with the pricontractor selection process, companies of the same eco- mary objective to prevent further wasting National nomic group, lacking qualifications, experience, address, Treasury through contracts and other businesses that best and in many cases individuals with shell companies. are in violation of the most elementary rules of ethics.

We can’t allow that within 5 years, current Congress and Many of the acquisitions were made in one day by dividing the other candidates are proposing to use the PAN for puramount without any consideration of the cost and investment. poses of political propaganda and other scroundels. The Comptroller General’s Office was co-participant of this The country is aware of the commitment embezzlement and irresponsible has been the role of Natio- of President Varela in this topic. L&E nal Bank of Panama which allowed the circulation of funds items arising from the PAN and went to community boards and from these accounts were made million-dollar transactions, funds to companies that didn’t even have home or cell Dawn and will see  and National Bank failed its fiduciary duty as custodian of state resources and allowed the smuggling of state assets turned. It’s noteworthy that business associations such as Chamber of Commerce, the National Council of Private Enterprise hasn’t been publicly stated requesting immediate repeal of this program as constitutional, legal and budgetary vices that have a capital loss suffered unprecedented damage in the country and particular; regarding employers who have obtained such illicit profits in this 7. Legislación y Economía - Septiembre 2014


LEGAL CONSIDERATIONS CONCERNING THE BILL NO. 61 WHICH ARE ADOPTED BY PUBLIC POLICY EDUCATION COMPREHENSIVE CARE AND HEALTH PROMOTION

O

Lic. Elizabeth Fraguela Ruiz rbcweb@rbc.com.pa

n August 28 Deputy Crispiano Adames Na- this nature covering such sensitive matters such as the sex varro, presented to the Committee on Labor, Health and education and attention to sexual and reproductive health. Social Development Bill which are taken by Public Policy integrated education, care and health promotion. Public policies are “all activities of the institutions of government, acting directly or through agents that are inIn the preamble of that preliminary stage, to be con- tended to have a certain influence on the lives of citizens.” sidered to elaborate public policies is analyzed. The bill was adopted by which Public Policy at our discre1. Data provided by the Comptroller General of the Repu- tion suffers from 1) A structured formulation should inclublic estimating that more than 75% of children born each de a series of steps as setting the political agenda, defining year in Panama make it out of a stable union problems and how to address them, the forecast, setting objectives and selecting option as a viable option; 2) The im2. One in five pregnant women is a teenager. 70% of paplementation, which is nothing more than putting theory rents of these creatures is more than 20 years old. into practice and 3) Evaluation and continuity or change is only measuring the desired purposes. (Domingo Ruiz Ló3. AIDS is the third leading cause of death for young peo- pez and Carlos Eduardo Ayala Chains, What is public poliple 15 to 24 years. cy? IUS Law Review, University of Latin America, Mexico). It’s a reality we can’t ignore the problem that is growing increasingly in Panama with our children and adolescents and the necessity to meet immediately responsibly and effectively.

SCOPE

The bill has sparked a controversy. The core of the problem However, it is important to note legal tools that wish to imple- is not that sexual and reproductive rights are invoked, but ment to manage to diminish or eradicate rates teen pregnancy that they can claim to legitimize any behavior, especially and sexually transmitted infections in both youth and adults. when it comes to matters of childhood and adolescence It is important to analyze the proposed rules and the implications for our legal system, so it is essential to determine the scope of this project. PUBLIC POLICIES Article 2 Scope. It is appropriate to outline a definition of public policy to analyze not only from a legal standpoint, but in terms of This Act must be applied at national level in all establisthe design of public policy the feasibility of a project of hments basic general education, media, university, government and individuals; and in all local public health 8. Legislación y Economía - Septiembre 2014


system, including the Social Security and non-governmental and private NGOs providing health services. Importantly, the project aims to cover two topics, one is what health and other education. sexuales como explotación sexual comercial de menores, en la cual el “ejercicio responsable de la sexualidad” pueda convertirse en una herramienta de personas inescrupulosas dedicadas a la prostitución de menores de edad.

175 of the Penal Code), excluding other form of sexual crimes as commercial sexual exploitation of children, in which the “responsible exercise of sexuality” can become a tool of unscrupulous people engaged in prostitution old.

RIGHT TO SEX EDUCATION

The right to education is a right of every minor as part of their development and their life in the society. The controversy of this project is not on the need for SEXUAL AND REPRODUCTIVE RIGHTS education on a topic essential to life, but the approach or approaches that can be given to children on sexuality. see; As mentioned above, the problem is not guarantee se- Let’s xual and reproductive rights, but the extent they have on the population of minors. Analyze the most rele- Article 7 The right to comprehensive sexuality education vant items that may come in contrast to our legal system. All people are granted the right to access to comprehensive sexuality education, including all stages of the huArticle 6 on the exercise of sexuality provides: man life cycle, allowing the welfare, development and full Article 6 recognizes the right of individuals to exerci- exercise of sexuality, responsible and informed manner. se their sexuality responsibly, respecting its integrity and dignity and not be subjected to any form of abuse, tor- The State should promote ethical and scientific guidance and ture, mutilation or sexual violence so that they can live information about sexuality and reproduction, simple, precia healthy sexuality and appropriate to their physical and se, accurate, and appropriate to each stage of human psychopsychological age as a source of expression of a compre- logical life cycle, based on a healthy and balanced affectivity. hensive and harmonious development of his personality. Article 8: Comprehensive Sexuality Education. These rights can’t undermine the res- It will be mandatory to include comprehensive sexuality ponsible exercise of parental authority. education in the curriculum of all educational levels and It’s the duty of the State with the involvement of or- individual officers of the Republic of Panama. Scientific ganized society, design, implement, monitor and eva- education will be not sexist to promote equality, fairness luate public policies that guarantee and promote this and respect between men and women and considering the right, plans, programs, projects and actions necessary emotional, biological, physiological and ethical aspects for that purpose, especially those that ensure informa- One of the main objectives of the bill is to establish: “[...] the tion , education and access to quality services for all peo- mandatory comprehensive sexuality education in the curriple with a holistic approach that respects human dignity. culum of all educational levels public and private. Education will be scientific, non-sexist, promoting equality, fairness What most worries in this article is the reference to that ever- and respect between men and women and considering the yone can exercise their sexuality, when in our legal system emotional, biological, physiological and ethical aspects “ . the term person refers to all individuals of the human species (Article 38 of the civil code) so this article applies also minors. However, none of the articles of that draft law do inThis article mentions that even though this right shall not pre- volve parents as holders of the right to education of judice the responsible exercise of parental authority, if it can be their children, and their right to say what kind of sex undermined when the child by choice make use of this right. education their children receive is respected according to their moral beliefs and religious.. The ConstituSimilarly it’s antagonistic, the exercise of responsible sexua- tion of the Republic of Panama, Article 59 provides that: lity of a person under age when our criminal law the age “Art. 59: Parental authority is the set of duof consent for sex is 18 years old. Thus, even with the ties and rights of parents regarding their children. minor’s consent, any sexual relationship of a minor must be investigated by the competent authority, either in the Parents are obliged to support, educate and protect their form of criminal rape or statutory rape. (Article 174 and children to receive a proper upbringing and proper physical 9. Legislación y Economía - Septiembre 2014


and spiritual development, and to respect and assist them. The law shall regulate the exercise of parental authority in accordance with the public interest and welfare of the children “ Furthermore Article 91 of the Constitution of the Republic of Panama guarantees the right of parents to actively participate in the educational process of their children, constitutional law is not respected in the draft Law No.61.

appropriate to each physiological stage of human life cycle” of the preamble can be inferred that there is no clarity about what the initiative comprises age groups each stage therefore included within the population group “adolescents” to minors between 10 and 19 years, when psychological studies can prove that there are different levels of biological, psychological and emotional development in this age range, a suitable accompaniment Art.91: Everyone has the right to education and a responsibi- of parents being necessary for comprehensive sex edulity to educate. The state organizes and directs the public ser- cation that not only teaches exercise sexuality “freely” vice of national education and guarantees parents the right but promotes a genuine affection and commitment. to participate in the educational process of their children. Education is based in science and use its methods, proTYPES OF SERVICE AND RIGHT TO motes growth and dissemination, and apply the results CONFIDECIALITY to ensure the development of the individual and the family, as affirmation and strengthening of the Pana- This range of sexual and reproductive rights through the legal manian nation as a cultural community and political . framework described above, come within reach of our chilEducation is democratic and founded on principles of human solidarity and social justice. Similarly Article 94 of the Constitution enshrines the right to freedom of education. Art.94: guaranteed freedom of education and the right to establish private schools subject to the Act recognizes the State may intervene in private educational institutions for national and social purposes of culture and meet them intellectual, moral, civic and physical training of students.

dren and teenagers, so that is recognized by the State the right of young people to freely make decisions to kindly on sexuality, as well as receive services and methods of birth control.

Article 9 Types of Service The right of every person to receive counseling, guidance and comprehensive care with warmth and quality in all aspects of sexual and reproductive health. In the case of minors, service provider will emphasize importance of family communication. The State should ensure and guarantee, entire population, Public education is provided by formal agencies and access to quality sexual and reproductive health, to promote private education is provided by private entities. overall health and help you recover. These services are approEducational institutions, whether public or private, are open priate for the needs of women and men across the life cycle. to all students, regardless of race, social status, political beliefs, religion or nature of the union of their parents or guardians. Article 12: Decide on offspring The law shall regulate both pu- The right of individuals to make free and informed decisions blic education and private education. about childbearing, which means they can decide responsiThis right is also protected by international treaties, which are binding on the Government of Panama and is also set out in Articles 18.4 Covenant on Civil and Political Rights, 13.3 Covenant on Economic, Social and Cultural Rights and Articles 14.2 and 14.3 of the Convention on the Rights of Child.

bly whether or not to have children, the number of son or daughter and spacing in accordance with current standards.

Article 22 Right to confidentiality Users of public and private services the right to confidentiality of information regarding your health sexual and reproductive health is recognized. For defenders and promoters of these rights confidentiality is crucial preventive strategy.

From the foregoing, if at present in official establishments and individuals in Panama, material or approach on sexuality that violates principles or beliefs of the child’s parents, by this law no right of parents to object ensures or submit their ob- That is why we can see how a reinterpretation of children’s jections if violate same principles or moral or religious values. rights, when observations committee establishes the rights of children given that “in the context of the rights of adolesSimilarly, although the bill proposes a sex education “[...] cent health and development of States parties need to ensure certain specific legal provisions are guaranteed under 10. Legislación y Economía - Septiembre 2014


domestic law, including the minimum age of sexual consent and the possibility of receiving medical treatment without consent d parents. “(Committee on the Rights of the Child in 33rd session of 19 May 2003, General Comment No.4)

Conclusions I believe that it is feasible that our country made progress in terms of the issues addressed above, but must be done with responsibility and respect for the values and principles of the people, and specifically to the maturity of the children. This project involves the inclusion of concepts considered binding legislation contrary to International Law of Human Rights, and responds to a reinterpretation on Children’s Rights. The State may not impose education, much less private institutions where education pays to ensure that parents prefer their children. On the subject of education, the State has a subsidiary role regarding the rights of parents. It is important to address this problem, however corporal education taught in the classroom must not only respond to biological criteria but criteria values education, proactive, that doesn’t create a remedy to risky sexual behavior of the child, but motivate behavioral transformation that takes a different course than the diseases or pregnancy prematurely. L&E

11. Legislación y Economía - Septiembre 2014


MAY NOT SELL ALCOHOL IN RUG STORES

COLONIES, PERFUMES AND TOILET WATERS ARE TEMPORARILY EXCLUDED FROM HEALTH RECORD

Giovana del C. Miranda G. - Abogada giovana.miranda@rbc.com.pa

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as recently approved Law 17 of September 12, 2014 which added provisions to the Act 1 of 2001 on medicines and other products for human health, to prohibit the sale or collection of alcoholic beverages in retail outlets.

Law 17 in its central part prohibits for collection and / or sale of alcoholic beverages on the formulary drug stores that share physical space with another shop. On the other hand states that such drinks must not be visible to the customer of the drug store, as well as local licensed drug store, has a total ban on sale and sale of alcoholic beverages. Violation of this prohibition will constitute a serious offense and will be punished according to the provisions of the Act. However the of enactment,

Act shall take effect ninety ie, from December 23, 2014.

days

Giovana del C. Miranda G. - Abogada giovana.miranda@rbc.com.pa

M

ediante Resolución No. 878 de 11 de septiembre de 2014 emitida por el Ministerio de Salud se exime del Registro Sanitario a las colonias, aguas de tocador y perfumes por el término de un año.

Se ha establecido que los interesados en importación, distribución y comercialización en el territorio de la República de Panama de colonias, aguas de tocador y perfumes, tendrán un año a partir del 22 de septiembre fecha en que se promulga la Resolución No. 878 para obtener el Registro Sanitario de los productos antes referidos. L&E

L&E

PREVENTION AND CONTROL OF NOT TRANSMISSIBLE DISEASES

Giovana del C. Miranda G. - Abogada giovana.miranda@rbc.com.pa

B

y Executive Order No. 1510 of September 19, 2014, National Strategy for Prevention and Integral Control of Not Transmissible Diseases and their risk factors is established.

Similarly, the National Intersectoral Commission for the Prevention and Control of Not Transmissible Diseases, which will aim to advise authorities on inter-and cross-actions for promotion, prevention, control, care, rehabilitation and care was created palliatives of chronic non-communicable diseases and their risk factors. Under the Executive Order, also created the National Program

12. Legislación y Economía - Septiembre 2014

on Not Transmissible order to reduce the prevalence of risk factors, disability, morbidity and deaths associated diseases. It will be up to the Department of Public Health to adopt the Strategic Prevention Plan for the year 2014-2019, which consist of six cross such as: 1 Públicas.2 Policy. Monitoring and Information. 3 Health Promotion and Disease Prevention. 4 Early detection, timely treatment and rehabilitation. 5. Research. 6 Monitoring and evaluation. L&E


ADDITIONAL INCENTIVE FOR SHIPS THAT REGISTER IN THE MERCHANT MARINE IN PANAMA

T

Giovana del C. Miranda G. - Abogada giovana.miranda@rbc.com.pa

he Directorate General of Merchant Marine issued Resolution No. 106-66-DGMM of September 17, 2014 for which an additional exemption for a period of two years granted up to 100% on all ships that register with the Panamanian Merchant Marine until December 31, 2015, provided always that accredit being registered in the Merchant Marine.

Within this context, by Resolution No. 106-65-DGM of September 17, 2014 exemption to all those newly built vessels that fall under the Panamanian Merchant Marine from 25 September 2014 until 31 spread December 2015 In this sense, it was established that the waiver applies to all those newly built vessels with a tonnage of more than 10,000 GRT GRT and whose construction has The exemptions referred to, fall upon: 1 Registration been performed in shipyards in Japan, Hong Kong, Law. 2 Annual rate consular. 3 Rate of accident investiga- China, Singapore, Korea South, Taiwan and others. tion. 4 inspection and 5 fee rate from 0.03% per net ton. On the other hand, for the benefit of the waiver must meet In case the new construction ships don’t meet the recertain requirements such as: 1 Have been enrolled in the quirements set forth in the foregoing shall be granted Panamanian merchant marine. 2 Having a greater tonnage a waiver of 35% and the rate of registration and annual of 10,000 GRT GRT. 3 Less than 10 years of construction. consular fee and additional 15% when it is shown that 4. not detained by any governing state control of ports. part of an economic group enrolled in the national fleet. Ships that register must be kept for five (5) years registered in the Merchant Marine and if they retire before the date shall pay the fees and discounted rates. It will be up to the Department of Registration of Ships directly apply exemptions referred to in this Resolution and Merchant Marine Directorate shall establish parameters for granting the waiver.

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L&E


TRIBUTARY ASPECTS OF THE CONTENTIOUS ADMINISTRATIVE

A

introductory title should do some conceptual notes on the tax issue, as well as become one of the most important revenue, represents a decrease of private sector resources to meet public needs. Besides the fact of true condition and therefore odious not only subject to an administrative control, but the constitutional control, as our Constitution stipulates. You also need to raise in this Congress is one of the few opportunities available to public sector representatives to listen, loud, an approach that seeks to place a litigant in the local context which are major difficulties of the taxpayer in the tax authorities in our country and considers some of the Treasury-taxpayer relationship which have gone through a break detriment of taxpayers.

Maybé Mendieta - Abogada maybe.mendieta@rbc.com.pa

LEGAL NATURE OF TAXES IN PANAMANIAN LAW A introductory title should do some conceptual notes on the tax issue, as well as become one of the most important revenue, represents a decrease of private sector resources to meet public needs. Besides the fact of true condition and therefore odious not only subject to an administrative control, but the constitutional control, as our Constitution stipulates.

You also need to raise in this Congress is one of the few opportunities available to public sector representatives to listen, loud, an approach that seeks to place a litigant in the local context which are major difficulties of the taxpayer in the tax authorities in our country and considers some of the Treasury-taxpayer relationship The exhibition will cover the following topics: which have gone through a break detriment of taxpayers.

1. Legal nature of the taxes under Panamanian law. 2. Limitations of Tax Power. 3. The tax administrative act and importance of motivation. 4. Some features of tax administrative procedure. 5. The Tax Tribunal. 6. Administrative Tax. 7. Some recent decisions of the plenary and the Third Chamber of the Supreme Court that are important for this Congress.

14. Legislación y Economía - Septiembre 2014

The

exhibition

will

cover

the

following

topics:

1. Legal nature of the taxes under Panamanian law. 2. Limitations of Tax Power. 3. The tax administrative act and importance of motivation. 4. Some features of tax administrative procedure. 5. The Tax Tribunal. 6. Administrative Tax. 7. Some recent decisions of the plenary and the Third Chamber of the Supreme Court that are important for this Congress.


tivities to foreign in general. ... “ Emphasis added. It states that all are equal before the law. TherefoLIMITATIONS ON TAX AUTHORITY re, all must contribute to the maintenance of puTaxes are economic benefits required by the State, blic burdens, with the characteristic that implicitly in exercise of power to tax. This taxing power is ens- take this obligation notes universality and equality. doesn’t refer to the numerical equahrined in our Constitution in the following articles: It “but equality before situations.” Article 159, paragraph 10, states the legisla- lity, tive function and provides the power to tax: “... Set national taxes and contributions, income and Principle of Legal Reserve: government monopolies to attend public services.” The principle of legal reserve relates to matArticle 242, paragraph 5, establis- ters that must be take the form of law. hes the function of the Municipal Council The establishment of taxes constitutes legal reserve, since only “... The adoption or elimination of taxes, le- such establishment must normative instrument called Law. vies, duties or charges under the Act.” It is necessary to clarify that municipal councils can only tax This principle is enshrined in the Constitution of Paactivities authorized by law and which are not taxed by the state. nama, in its Article 52, which states the following lines: The limits of this power of taxation of the Sta- Article 52: “No one is obliged to pay contribution or te are also enshrined in our Constitution, known tax, as are not legally established and whose collecas Constitutional Principles of Tax Law. Within tion is not made in the manner prescribed by the laws.” these constitutional principles, we can mention: Note that the express language of Article 52 seems to exPrinciple of Equality: clude the Principle of Legality rates, since this tax doesn’t appear in the article. However, the jurisprudence of the “Article 19 NC. Shall be no privileges or discrimi- Supreme Court has filled this gap by repeated interprenation based on race, birth, disability, social class, tations in the sense of establishing that the fee is a tax sex, religion or political opinion” Emphasis added. that requires compliance with the principle of legality. “Article 20 NC: Panamanians and foreigners are equal before the law, but this may, for reasons of work, health, In recent ruling by the full Supreme Court June 11, 2014 it was morals, public safety and national economy, subject to noted that only through a Formal Act, ie that which emanates special conditions, or deny the exercise of certain ac- from the legislative branch, can be created as tributes rates. tivities to foreign in general. ... “ Emphasis added. Likewise, the State may not receive entries It states that all are equal before the law. Therefo- that aren’t established by law for taxes, as stire, all must contribute to the maintenance of pu- pulated in Article 278 of the Constitution: entries that aren’t establisblic burdens, with the characteristic that implicitly “...No take this obligation notes universality and equality. hed by law for taxes shall be collected.. “ It doesn’t refer to the numerical equaof Taxable Capacity. lity, “but equality before situations.” Principle It’s related to the principle of equality. It states that the burden should be proportionally related to the taxable capacity of the individual. Is ensPrinciple of Equality: hrined in Article 264 of the Constitution, which states: “Article 19 NC. Shall be no privileges or discrimi- “Article 264: The law shall, to the extent possible within nation based on race, birth, disability, social class, the need to arbitrate public funds and protect domessex, religion or political opinion” Emphasis added. tic production, all major tax contributor in direct proportion to their economic capacity.” Emphasis added. “Article 20 NC: Panamanians and foreigners are equal of non-confiscatory. before the law, but this may, for reasons of work, health, Principle 30 NC: No death penalty, eximorals, public safety and national economy, subject to Article le, or confiscation of property. Emphasis added. special conditions, or deny the exercise of certain acThere confiscation when the tax rate reaches or exceeds the income generated by the taxpayer, which goes against 15. Legislación y Economía - Septiembre 2014


the principle of ability to pay, which clearly states that notify and register and publish it also, when applicable.” the taxpayer should be taxed in proportion to income. Emphasis added. In response to the above rules, we can see clearly that the Tax Administration to rule on an application or request of ADMINISTRATIVE TAX ACT AND THE a taxpayer, through an administrative act (decision), which IMPORTANCE OF MOTIVATION must meet a number of legal requirements: competition, Within our legal system there is a rule governing the Gene- object, purpose, cause, motivation, procedures and forms. ral Administrative Procedure, Law No. 38 of July 31, 2000. In our view, all of the requirements or elements of the adThis legislation, specifically article 201 defines se- ministrative act, has gained importance in recent times veral terms applied by the Act and its regulations, motivation is perhaps the most important requirement for within which is the definition of administrative action. the taxpayer, especially in cases of rejection of an applicaIn this regard, Article 201, paragraph 1, defines admi- tion, because it indicates the reasons and legal principles by nistrative action as the “declaration or agreement issued which the Administration has estimated that the application will held in accordance with law, by a public authority or or the approval of the order. Not the same as the Adminisbody exercising an administrative function of the state, tration, either first or second instance, it merely communito create, modify, transmit or terminate a legal relation- cate its decision to the taxpayer notice of events, situations ship in some aspect is governed by administrative law. “ and rules of law that have been informed to give judgment. We can say that the administrative acts are manifestations of the Administration will tend to generate legal effects. In this particular case, it is important to note that Fiscal Administrative Procedures contained in the Seventh Book of the Tax Code of the Republic of Panama, refers to the administrative act issued by the Tax Administration and the contents. In this vein, Articles 1192 and 1193 of the Tax Code regulates matters related to the subject matter, requiring: “Article 1192 In any request duly processed and fall a resolution shall terminate the instance of the business in question.” Emphasis added. Article 1193 The decisions issued in fiscal administrative business shall specify: 1. Agency or official that issued, place and date of issuance; 2. Name of the applicant and be subject upon which the resolution; 3. Clear statement of the facts on which the decision is based; 4. Reasons for the decision and relevant quote from the legal provisions applicable; 5. Operative part, which specifically decide the question; and, 6. The signature of the official who issued the order and 16. Legislación y Economía - Septiembre 2014

Also Article 1239 of the Tax Code authorizes taxpayer to petition Tax Administration exact relationship and details of the object on which decision was issued, which shall be delivered to taxpayer within five (5) days after such application; Hence need to motivate the administrative act to taxpayer is demonstrated. However, the reality is that Tax Administration doesn’t render the report in time and meanwhile term for the appeal is not interrupted because of failure of Administration. The motivation of the administrative act is very important because it allows the taxpayer to be able to defend established legal channels. In this regard the Third Chamber of Administrative Litigation of Supreme Court of Justice of the Republic of Panama by fault January 30, 2009 has agreed with provisions of prevailing doctrine: “… 1. Lack of motivation of the act: … In this framework, motivation of an administrative act must indicate facts budgets, this position consistent with the doctrine, which said: “Motivating administrative act is redirect the decision contained therein to a rule of law which authorizes such decision or whose application arises. Therefore motivate an act necessary to fix, first, the facts of which are considered part and to include such offenses in the course of a rule, and, secondly, to reason as such legal rule imposes the resolution adopted in the operative part of the act.” (Eduardo Garcia and Thomas Enterría Ramón Fer-


nández, “Administrative Law Course”, Volume I, Editorial Civitas, Madrid, 1997, p 556.) (Underlined by the Board) “... Motivation or justification for the decision is a statement of what circumstances of fact and law that have led to the emanation of the act (16) are, and what is contained within it’s usually called, recitals (17). constitutes, therefore, budgets and reasons for the act, its factual and legal grounds to argue that the Administration understands the legitimacy and appropriateness of their decision. … Motivation expressed succinctly whichever is the record, reasons that induce issue the act and if declararen impusieren or obligations for the managed the legal basis. Motivation can’t involve referral proposals, opinions or previous resolutions. (Dromi, Roberto, “The Administrative Procedure” Fareso Printing, S.A, 1999, city of Argentina. P. 72-73) (The underlined by the Board).”

which aren’t foreign tax administrative processes by express mandate of Article 1193 of the Tax Code and by Law No. . 38 of 2000, review what externship by the Third Chamber: 3.1 Motivation of the Administrative Act, referred to in Law No. 38 of 2000 In the glossary of Law No. 38 of 2000, Article 201, paragraph 1, is expressed in an exhaustive manner that one of the elements of the administrative act is the motivation, understanding of all the factors of fact and law for the decision.

“Article 201: The following terms used in this Law and its regulations, must be understood under this glossary: 1 Administrative Act. Statement issued or agreement will held in accordance with law, by a public authority or body exercising an administrative function of the state, to create, modify, transmit or extinguish a legal relationIt should be noted that recently the Third Chamber of the ship in some aspect is governed by administrative law. Court, under the presentation of Judge Victor Benavides, issued the judgment on March 25, 2014, in the Adminis- All administrative act should be formed respecting its trative Complaint Full Jurisdiction Litigation initiated by essential elements: the company LOGISTICS, SA, through which straightens the act of the Administrative Tax Court, the Court before Jurisdiction, unless it is delegated or where replacement; which appeals are resolved against decisions issued by Tax object, which should be illegal and physically possible; Administration, while conducting important points about purpose, which must be consistent with the legal system the principles that should govern procedures in tax matters. and not cover other various public and private purposes, the legal relationship in question; cause related to the facts, At the core of its considerations, the Third Chamber noted history and applicable law; motivation, understanding of that in the proceedings conducted by Tax Administration, all the factors of fact and law for the decision; procedure, consideration, must Tax Due Process, noting that Article which involves the completion of the procedures provided 201, paragraph 31, of Law No. 38 of 31 July 2000 (Gene- by law and arising implicit for issue; and form, must be ral administrative Procedure), Due Process is defined as: made in writing, except as provided by law, expressly indica“Article 201: The following terms used in this Law and ting the ... “(underlining and highlighting, is the Chamber) its regulations, must be understood under this glossary: Jurisdiction, unless it is delegated or where replacement; … object, which should be illegal and physically possible; pur31 Compliance with the constitutional and statutory pro- pose, which must be consistent with the legal system and cedural requirements, including budgets outlined in Arti- not cover other various public and private purposes, legal cle 32 of the Constitution: right to be tried in accordan- relationship in question; cause related to the facts, history ce with legal procedures (given the right to a hearing or a and applicable law; motivation, understanding of all the hearing to the parties concerned, the right to propose and factors of fact and law for the decision; procedure, which examine evidence, the right to claim and the right to use) involves the completion of the procedures provided by law and the right not to be tried more than once for the same and arising implicit for issue; and form, must be made in criminal case, policing, disciplinary or administrative. writing, except as provided by law, expressly indicating … .” the ... “(underlining and highlighting, is the Chamber) Clearly this definition solves two (2) issues namely the relationship with the subject of legality in administrative proceedings; In turn, Article 38 of our Administrative Procedure Act and undoubted connection with guarantee of due process. provides: “When public bodies must resolve a large number In this latest failure March 25, 2014, the Third Chamber of homogeneous records, establish a summary procedure also stressed the need for motivation of administrative acts management through printed forms and other documents 17. Legislación y Economía - Septiembre 2014


to enable the rapid dispatch of business and may be used, they are identical reasons and grounds for the decisions, types or series thereof, provided that the basic reasons for the decision to be exposed, not the guarantee of due process and free exercise of the legal profession is injured. “ Similarly, Article 154 of this Act, has elements to be observed by the administration, following adoption of the decision on merits, such as the acceptance of reports or opinions. … ” 3.2 Motivation of the Tax Administration Act, No. 13 in Agreement July 5, 2011 Development of standards by Law No. 38 of 2000, previously arranged has been conceived by the full Tax Tribunal, by Agreement No. 13 of 5 July 2011, published in Official Gazette No. 26, 831-A July 19, 2011, in which it was resolved to approve the summary of the rules of procedure of the Tax Tribunal, like specialized in tax matters Entity. . . . In this regard, the Board appreciates the 13 Agreement No. 5 July 2011, states with pristine clarity, motivation of administrative acts in Articles 59, 66 and 67, which regulate how and when materials must be subject of motivation. Let’s see: “Article 59 Grounds Probation rating. Tribunal shall reasonably in deciding examination of evidence and merit which they belong.” (Emphasis added) Upon termination of the process referred to in Articles 65 to 68, and in a timely manner, in Articles 66 and 67 of the Agreement, specifically, is commanded motivate administrative acts issued by this Entity Tax. Tuition Look at this, in the last paragraph of Article 66 of the Agreement in question, the acceptance of expert opinion or report, will assist the Tax Court used the same, to encourage the resolution that solves an instance.

3. Those who are separated from approach taken in previous performances of the same nature; and 4. When so expressly provided by law. “(Emphasis by the Chamber).

“Article 66 Content of the Resolution. Resolution to decide the appeal, resolve all issues raised by the appellant and those derived from the record, which are essential to issue a legally appropriate decision without involving impair the condition of appellant. Acceptance of reports or opinions will provide motivation to the resolution, when they enter the text from it. (emphasis added) Similarly, Article 67 of Agreement No. 13 of 5 July 2011, prescribes limited to, the acts which should be motivated. The text of this provision reads: “Article 67 Acts to be motivated. Be motivated, with brief reference to the facts and legal arguments, the following acts:

Judgment analyzed, it clearly states that motivation involves the obligation of the TAT to explain and support all elements were considered in a particular case, to arrive at a certain conclusion, which necessarily must refer to tests, surveys, hearings and any other circumstances on the record and are of importance in determining whether you attend or not entitled to a taxpayer.

1. The affecting individual rights; 2. Resources solvers; 18. Legislación y Economía - Septiembre 2014

Appreciate this Appellate Court that the resolution that resolves the appeal lacks these requirements and/or items prescribed by the Tax Administration (specializing in taxation), in its rules of procedure. (emphasis added) It’s appropriate for this court, bring up the important contribution of the native lawyer Elias Solis González, Secretary General of Administrative Tax Tribunal, having his article published in the edition of “El Panama America,” Journal of October 2, 2010, notes on motivation of administrative acts issued by this Court, inter alia, the following: “… The creation of the TAT imposes the obligation to remember that actions of tax authorities, which decide requests, requests or complaints from taxpayers, are properly motivated and grounded in law. … Is, to the extent that administrative actions are properly motivated, those affected may know clearly the criteria for applying the law set by the administration and properly support the action before the competent judicial body. On taxation experience has shown us that decisions of the tax authorities lack sufficient motivation for taxpayers generating a state of helplessness. Taxpayer unknown reason or reasons that serve to support the administrative decision, so to make use of their right of access to justice by bringing the resources or actions as provided by law doesn’t have sufficient evidence to expose the court jurisdictional arguments disproving criterion not outsourced Tax Administration.”

SOME CHARACTERISTICS OF THE TAX ADMINISTRATIVE PROCEDURE The administrative procedure is considered by Enrique Sayagués Laso as “a set of procedures and formalities to be observed by the Administration to develop their business.”


As mentioned in above lines, Law No. 38 of 2000 is that general administrative procedure; however, taxation has a special procedure contained in the Seventh Book of Tax Code of the Republic of Panama, but determining Act No. 38 of 2000, as a default rule. In light of the foregoing, in our administrative proceedings regime, usually start with the application or petition of administered; not to mention that Tax Administration has oversight powers in some cases result in administrative proceedings initiated by him.

“Article 1240-C. In formalizing the written appeal may not be made other than documents which are detailed below: 1. Be written post-date the claim was made in the first instance; and,

Practical tests

“Article 1240-D. In the second instance, appellant only admissible evidence which are in one of the following cases:

The tax administrative process includes the gathering of evidence, however, it should be noted that the special treatment provisions don’t establish that he should give them, so they must resort to extra regulation. Title IX of Law No. 38 of 2000, entitled “Of Tests” regulates the evidentiary phase within the administrative processes, specifically Articles 138 to 152. In Article 140 evidence can be adduced in an administrative process, namely exhaustive list: ... Documents serve as evidence, testimony, official inspection, exhibitory actions, expert opinions, reports, evidence, scientific means, photocopies or mechanical reproductions and documents sent by facsimile and any other rational element used to the formation of conviction of the officer, provided they aren’t expressly prohibited by law or are contrary to morality or public order.

2 The above, which has not previously been possible to acquire for reasons not attributable to the interested party, provided that any designation made timely file or place where the originals are located, or made the request and has not been delivered by the relevant entity. “

1 When had improperly denied admission by the officer of first instance. 2 When for any reason not attributable to applying the test, this wouldn’t have been admitted or had not been practiced in first instance; and 3 When a new fact any influence on the decision occurred after written record that the claim was made in first instance. “ Expert Evidence – Experts

Expert evidence is considered a form of evidence that provides assistance or collaborating with Administration to take action on issues that are of some technical or scientific nature upon which, judge is not an expert, For the test fax and copies, the respective public en- so that the purpose of an expert opinion is to provide tity shall ensure authenticity, comparing with the data or information that will serve to resolve the dispute. original within a reasonable time after receipt thereof, or by any other means it considers appropriate. This report must be prepared by an expert, as the expert in the said field, who will be the person who will provide It is also possible to establish whether or not a fact could the Authority with necessary knowledge of disputed facts. be done a certain way, proceed to its reconstruction. As for the date and time should be practicing evidence, Article As mentioned, expert must be an expert in a particu144 of Law No. 38 of 2000 provides that concerned authority lar field, and in some specific cases, should be a qualified shall, in time, place, date and time that is practiced thereof. professional, such as Certified Public Accountants (CPA). In this area it’s necessary to highlight absence of probation within the processes ventilated by tax authorities in case of a petition, application or appeal, as currently the Administration issues a decision without practicing forensic evidence and/or review the evidence adduced documentary; situation which, in some cases, has been extended to Administrative Tax Tribunal, who refers to the content of articles 1240-C and 1240-D, which read the following lines: 19. Legislación y Economía - Septiembre 2014

While the evidence is weighed according to rules of sound judgment (Article 145 of Law No. 38, 2000), it should be noted that in practice the administration is not giving value to the relevant expert opinions in few opportunities in practice of this evidence adduced by taxpayer is ordered, often leaving considering existence of certain other acts and even not considering validity of contracts. All of this highlights the ordeal have to spend taxpayer, both at first and second instance, to assert their rights before admi-


nistrative remedies, this, not to mention the high arrears in the have come to miss the record which demonstrates the heladministrative record with the Administration and Court. plessness that are taxpayers in general. They have also argued that the provision has been applied and therefore haven’t seProcessing of applications from taxpayers cured the respective Warnings unconstitutionality or illegaOur Tax Administration, currently represented by General lity also violating the Judicial Code and Law No. 38 of 2000. Directorate of Revenue (DGI) of the Ministry of Economy and Finance, under judgment of August 11, 2014 the Plenum Please note that the tax issue is incorporated to guaof Supreme Court, by which the law wasn’t unconstitutional rantees granted by Law No. 15 of 28 October 1977, . 24 of 8 April 2013, “which created the National Revenue by which the American Convention on Human Authority” is monitoring and collecting of taxes; therefore, Rights was adopted, as provided in Articles 8 and 25. is the authority to which are held tax-related paperwork. The taxpayer is entitled to due process where their procedural safeguards are respected among In the DGI carried out various procedures, which include, which are: documentary evidence, practice tests but are not limited to: and expert testimonials, an independent tribunal. • Requests for refund of tax. • Property Tax Exemptions. • Recognition of tax incentives. • Obtaining statements and history farms. • Getting good standing. • Submission of income. • Filing of Tax Transfer of Movable and Service Delivery (ITBMS). • Filing of Stamp Duty. • Submission of forms of capital gain, remittances abroad, etc. Each of the above steps has its requirements and procedures specific to the different sections that make up the DGI. It should be reiterated that there is a delay in the revision and analysis of the records, considering filing date thereof and the date of pronouncement of the Administration, in cases in which it was pronounced. Procedures that usually last two (2) months, today, are taking up to eighteen (18) months for the response obtained from the Tax Administration. This is necessary to improve it, so there must be a more expeditious action of the Administration, be aware that every day the number of applications, requests or appeals filed by taxpayers to this entity increases.

Judgment August 11, 2014 the Plenum of Supreme Court regarding the unconstitutionality lawsuit against Article 1, Paragraph 1 and Article 14 of Law No. 24 of 8 April 2013, which created the National Authority of Public Revenue. Considering it of interest, we wanted to share with you contents of judgment decreeing the unconstitutionality of Law No. 24 of 8 April 2013: A. Unconstitutional Accused Rules “Article 1: the National Revenue Authority (ANIP) was created as an autonomous state institution with national jurisdiction, legal status, own assets and administrative, functional and financial autonomy. The Authority shall consist of coated and all functions, powers and privileges granted by law to the Department of Revenue of Ministry of Economy and Finance. For all purposes, it is understood that National Revenue Authority succeeds to all its functions, duties and powers by law and others that are entered in favor of the Directorate General of Revenue of the Ministry of Economy and Finance. “

“Article 14: The National Revenue Manager will be the most official rank, to be appointed by the Regarding consultation is necessary to highlight Executive Branch for a period of seven years, the fact that the tax authorities do not promptly pu- and must be ratified by the National Assembly.” blished them and in most cases does not provide a timely response to the taxpayer or his advisor. B. Constitutional Infringed procedure and Concept of the Infraction. Moreover, the Tax Administration has violated the procedural safeguards of taxpayer, particularly where Warning un- Paragraph 5 and Paragraph 11 of Article 184 of the constitutionality or illegality under Article 206 of the Cons- Constitution: titution and refused to submit to the full Supreme Court and 20. Legislación y Economía - Septiembre 2014


• Eliminates constitutional authority and duty of the President to monitor collection and administration of national income; • Eliminates the constitutional authority and duty of the Minister of Economy and Finance d participate with the President of the Republic to monitor collection and administration of national income; given the unique role that new law gives the Ministry of Economy and Finance is to represent the National Revenue Manager at Cabinet Councils, with no other function (Article 3). • The Anip has approved regulations governing its operation and that since it is a public entity under direct supervision of the President of the Republic and Ministry of Economy and Finance, to be granted administrative autonomy is violating the constitutional rule of law. • When setting the exercise of National Revenue Manager within seven (7) years, is eliminating the constitutionally mandated authority assigned to each President to appoint during his tenure at the National Administrator of National Revenue. C. Concept of the Attorney General’s Office • Considered that Articles 1 and 14 of Law No. 24 of 2013 are not unconstitutional taking: a. With regard to Article 1: content analysis of articles 3, 6, 8, 10, 20 (exercised in accordance with the policy and guidance of the Executive Branch jurisdiction, execution of fiscal policies proposed by the Executive Body; ANIP shall consist of a Board Directive; Manager report to MEF on the administration and management of revocation of tax revenues of the Authority) of Law No. 24 of 2013 are clear from that even though Article 1 doesn’t legally bind the MEF ANIP through the guidelines established in the above laws, powers to monitor the collection and administration of national income required the Executive Branch in Article 184 of the NC are met.

Based on the principle of universality enshrined in Article 2566 of the Judicial Code, which reads the following lines: “Section 2566. In these matters the Court is not limited to studying the crossed position unconstitutional solely on the basis of texts cited in the complaint, but must examine it, comparing it with all the provisions of the Constitution as deems appropriate.” With regard to Article 1 of Law No. 24 of 2013: It takes as a reference the preamble to the Constitution: “With the ultimate aim of strengthening the Nation, ensure freedom, democracy and ensure institutional stability, exalting human dignity, promote social justice, general welfare and regional integration, and invoking the protection of God, do ordain the politics Constitution of the Republic of Panama. “ “This is a solemn declaration of purposes of the constituent, in which values and principles that guides the legal system of a nation are expressed.” Definition has been based on the doctrine and jurisprudence, according to which the Full Court, in 2012, was expressly established “when a law or articles lela, violate the purposes and principles set out in the preamble of the Constitution, the Constitutional Court decision should be declared unconstitutional the law. “ (Judgment of February 2, 2012 the Full Court). The constitutional preamble has normative value, being an integral part of the Constitution. • In light of the foregoing, the constitutional preamble is set to “ensure democracy and institutional stability.” In this sense, the House considers that any law or act that violates this principle becomes unconstitutional. • Creating the watchful Anip institutional stability protected in our Constitution.

• Law No. 24 of 2013 excludes the Executive Branch functions which are peculiar as guiding the central government of the state. “This organization divides and distorts b. As regards Article 14: nowhere in the Constitution the the unity and integrity of the Unitary State, which should appointment of heads, managers and directors of autono- not affect decentralization.” mous, semi-autonomous public entities and state enterprises for the same term of office of the President is limited, • A part of that authority assigned functions that are exbut appointment or designation of these charges is made clusive authority of the President of the Republic, Minister by the President, concluding that it is desirable in order to of Economy and Finance and hinders the work of Cabinet optimize the management of the entity at the time the fi- Council to grant roles to an autonomous entity whose xed period of seven (7) years of office to the Administrator. principal is not part of the executive branch ; usurping the functions of the President of the Republic with the partiD. Considerations and Decision of the Plenary cipation of the respective Minister, as indicated in Article 184 of the NC, thus breaking the institutional stability that 21. Legislación y Economía - Septiembre 2014


protects the preamble of the Constitution. • It has created an authority having Administrator has established a period of exercise you seven (7) years in violation of the authority assigned by paragraph 11 of Article 184 of the CN exceeding the period of the president himself, which could hinder plans for the collection of national revenues to see taken. • You are granted administrative autonomy to Anip, which implies a domain in tax matters by an entity to the detriment of the constitutional allocation granted to the President in conjunction with the Minister of Economy and Finance, to oversee the administration of national income and direct, regulate and inspect the performance of the utility. It is being unconstitutionally giving the ability to selfadminister without subordination to any other entity, President or Minister of Economy and Finance. • The administrative autonomy has been given to the Anip is “the possibility of a legal entity to perform its legal content itself without interference from third ...”, recommended by the IATTC which allows the possibility of creating the Authority with powers to finance its activities without relying for that Treasury and within the limits that the regulations indicate, and appropriate use of administrative resources for this purpose, violating paragraph 4 of Article 159, paragraph 7 of Article 184 and Articles 267 and 268 of the CN. • The Anip powers attributed to the judiciary as to confront paragraph 6 of Article 20 of Law No. 24 repealed, it appears that Directorate of International Taxation is given the responsibility to interpret Treaties or Conventions Tax signed by the Republic of Panama and develop applications for exchange of information required of foreign tax authorities. With regard to Article 14 of Law No. 24 of 2013: the period of seven (7) years, which shall remain designated by the Administrator, exceeds that Article 177 of the NC set to the President of the Republic. • This appointment is unconstitutional because a law can’t establish that the director of an autonomous entity as Anip appointed by the President in accordance with the provisions of the NC, extend his term beyond the duration the government itself that appointed and also the President would lose the ability to constitutionally granted appointment to the appointment of a director of such an institution, if it it were made by the president that preceded it. 22. Legislación y Economía - Septiembre 2014

• This alert law against the effectiveness of administrative functions, paragraph 12 of Article 159 of the NC. • This law creates an institutional imbalance in the MEF, in relation to other directions. • The Minister of Economy and Finance loses administrative and political control over Treasury account, hindering its annual accountability report has presented to the National Assembly, as it doesn’t have all the information required as head of the Ministry. (paragraph 8 of Article 161 of the Constitution). • Although it is not established in Panama unconstitutional by connection or by implication, the Court notes that the explanation of constitutional violation in this application, or encompasses operates similarly to the rest of the regulatory body of Law No. 24 of 2013 , dealing with the functions, organizational structure, economic and financial regime. • What happens when declared unconstitutional ANIP? Causes a loss of effect or void, giving the resurgence or revival of the old law. • Mauro Cappelletti, based on the Italian Constitution, “once pronounced the judgment of unconstitutionality, the relevant law is devoid of effects in general, neither more nor less than if he has been repealed by a subsequent law, and, on the contrary, recover its term legislation prior to the law unconstitutional.” • Article 37 of Civil Code refers only to repeal of the law, and not the declaration of unconstitutionality. • The judgments of unconstitutionality has no retroactive effect in the case of legal rules that are declared unconstitutional, as in this case. Therefore, those events held before the declaration of unconstitutionality of Law No. 24 of April 8, 2013, will not be affected by this judgment. • With this judgment, recover those rules governing force and gave legal support to the MEF DGI, as well as those who were surrogates, specifically the Cabinet Decree 109 of May 7, 1970, as amended.

Taxpayer Rights Taxpayers, in addition to their obligations, have rights against the Tax Administration. Since enactment of Law No. 8 of 15 March 2010, these rights


were compiled into a single statutory provision, without pre- each of the actions of the Administration. judice to other rights granted to taxpayers by our domestic law. Article 155 of Law No. 8 of 2010 provides: ADMINISTRATIVE TAX TRIBUNAL (TAT) Article 155 Constitute rights payers, among others, the Artículo 155. Constituyen derechos de gados tributarios, entre otros, los

of taxfollowing: los oblisiguientes:

1. Right to be treated with due respect and consideration by all the officials of the Tax Administration. 2. Right to be considered and treated as a compliant taxpayer of its obligations while not conclusive proof of the contrary is adduced. 3. Right to the actions of the tax authorities carried out so that it is less burdensome and distorting the ordinary course of the taxpayer, without affecting the priority right to the Directorate General of Revenue to perform the audit and warranty collection of the resulting tax if applicable. 4. Right to be assisted by his trusted advisors from the beginning of review or audit procedure initiated by the Tax Administration and observe during its entirety, including practice of the respective tests. 5. The right to know that it is being reviewed or audited by the tax authorities and to know the identity of the officials who are in charge of review or audit process, as well as to know the identity of their immediate superiors. 6. The right to have access to reports and actions made in the record of review or audit of which the taxpayer is subject. 7. Right to information provided to the tax authorities is kept private throughout the administrative and judicial proceedings, except as otherwise expressly provided by law. 8.Right to be reviewed or audited two (2) times for the same charge in the same period. Taxes where the taxpayer acts as withholding agent vehicles. 9. Right to seize him no computers or parts of computers during the review or audit, where there is a facility to provide DGI necessary information. The tax authorities may only copy relevant electronic documentation to tax. These rights will be respected taxpayers in 23. Legislación y Economía - Septiembre 2014

Tax Tribunal of Panama was created by Law No. 8 of 15 March 2010, Article 156. This is an Independent Tribunal of Second Instance, independent and specialized, with National jurisdiction to know appeals against the decisions of the General Revenue of the Ministry of Economy and Finance. Agreement No. 4 by twenty five (25) February, two thousand eleven (2011), it is set as the starting date of the work of the Court for purposes of compliance with the terms and procedures set by the Law 8 of March 15, 2010, the first day (1) June two thousand eleven (2011). The Tax Tribunal shall be competent to: 1. Hear and determine ultimate administrative appeals against decisions of the General Directorate of Provincial Revenue and Revenue Administrations at national level, which resolve claims returns of national taxes, except for customs; resolutions relating to additional assessments, fines and penalties resolutions; and any other administrative act that is directly related to the determination of taxes under the jurisdiction of such entities as true or presumptive. 2. Hear and resolve appeals against legal claims not related to the determination of tax liability. 3. Hear and resolve appeals against administrative acts or decisions which affect the rights of taxpayers and responsible. 4. Resolve appeals filed by taxpayers against actions or procedures that directly affect or violate the provisions of the Tax Code and / or other applicable tax legislation. 5. Solve avenue of appeal in Mediations, exceptions and incidents made as a result of the process of collection enforcement procedure completed before the Directorate General of Revenue. 6. Propose to the Minister of Economy and Finance regulations as may be necessary to overcome the deficiencies in tax legislation. 7. Uniform jurisprudence in matters within its competence.


Decisions rendered by the Administrative Tax Tribunal exhaust administrative remedies. The taxpayer may appeal to the administrative appeal as provided by law. In this regard, it should be noted that unlike other jurisdictions with administrative tribunals that are part of the Judicial Branch, Panama lacks them and therefore the next instance is the Supreme Court. In light of the foregoing, we are of the opinion that the Tax Tribunal should be part of the judiciary. L&E

24. Legislaci贸n y Econom铆a - Septiembre 2014


MEMBERS OF THE NATIONAL ASSEMBLY THAT WERE ELECTED PRESIDENT OF THE REPUBLIC

M

embership in the National Assembly (Senate in other countries), means to be part of the organ of state in more political democratic system of government. Members represent population through a mandate given by the people, representing the latter in proportion (polling stations). Members must reflect citizens in their diversity of opinion and regions, so that the latter becomes present in their decisions. In our political history some Panamanians deputies have been reelected several times so eminent political position, among which we can mention Jacinto López and León Pablo Othon; Juan B. Arias; Jorge Ruben Rosas; Aquilino Boyd; Elias Castillo; José Muñoz Molina; José Luis Varela Rodríguez, Sergio Gálvez and others.

Rafael Fernández Lara rbcweb@rbc.com.pa

came to the First Judicial while serving as First Designate (Vice President) during the short absence of the President, Dr. Belisario Porras, from May 6 through June 10, 1923.

-- The second case was that of Dr. Harmodio Arias Madrid, who was twice president before becoming president and was a member of the National Assembly of the Province of Panama between 1924 and 1928 in his first presidency presided over the Provisional Government from 2 until 15 January, 1931, after the nationalist revolution that January 2 when he was overthrown by coup the constitutional president, Ing. Florencio Harmodio Arosemena Guillen. The following year, in the elections of June 5, 1932, Dr. Harmodiu Arias Madrid was democratically elected ConsThis article takes its title because recently a known titutional President of the Republic by Liberal Doctrinal member of the National Assembly was asked in an in- Party for the period June 5, 1932 until October 1, 1936. terview if claims to be a candidate for Presidency of the Republic. Ignorance, or conceal their true intent in -- The third example is given by Don Enrique Adolfo Jithe future, replied that did not remember any depu- ménez Brin elected Constitutional President of the Rety who has become president of the Panamanian nation. public on 15 June 1945 by the National Constituent Assembly, exercising this office until August 7, 1948 Prior A way of teaching and to the ignorance of history in a large Enrique Jiménez Brin was deputy the National Assembly. percentage of the protagonists of our native policy, cases were: -- Rodolfo Enrique Chiari Robles was elected to Consti- -- As a fourth example we have Don Domingo Díaz Arotuent Assembly in 1904 by the Province of Cocle. He was semena, who was president on an interim basis in his also elected President by popular vote in the elections on capacity as first Designated (VP) in the absence of the September 2, 1924 by the National Liberal Party, called at owner, Dr. Harmodio Arias Madrid, during his trip to the time “Chiarista”, beginning his term from October 1, Washington, from 2 to 30 October 1933 was deputy to 1924 until the end of Prior to 1 October 1928, in 1912, the National Assembly by Liberal Party for the period while serving as Third Designate (Vice President), served 1932 to 1936 Later Don Domingo was favored by popuas President, on an interim basis, from 2 February to 6 lar vote as President of the Republic and served as such March 1912, during the leave of the President Pablo Aro- from 1 October 1948 until 28 July 1949, when he resigsemena , who fought unsuccessfully (at that time) to oc- ned for health reasons. Soon perish, the August 23, 1949. cupy the First Magistrate of the Nation. Also temporarily 25. Legislación y Economía - Septiembre 2014


-- The fifth case, Don Roberto Francisco Chiari Remon, was elected deputy to the National Assembly by the National Liberal Party for the period 1940 to 1944 he was interim president after the resignation of Dr. Daniel Chanis Pinzón between 20 and 24 November 1949 was elected democratically and not the Constitutional President. 33 of the Republic in the electoral contest held on May 8, 1960, beginning his term on October 1, 1960 until October 1, 1964.

Some national representatives weren’t elected, presidential candidates such as Francisco Arias Paredes (1932), Sergio González Ruiz (1948), José Isaac Fabrega (1948), Victor Florencio Goytía Alvarado (1956 and 1960), Norberto Navarro (1964), Carlos Iván Zúñiga Guardia (1984), David Samudio Avila (1968) and Balbina Herrera Arauz (2009).

While the elected political position of vice president of the republic seems to be the one that has often represented a -- The sixth case went to Don Marcos Aurelio Robles stepping stone to the subsequent election as president, the Mendez, the National Liberal Party, who was favored in most recent example is the current President, Juan Carlos elections conducted on May 10, 1964 to begin his term Varela, is established here that is not reduced the number on October 1, 1964 to finalize the October 1, 1968 Pre- of deputies of the National Assembly who became so faviously was elected deputy to the National Assembly mous in the elected President of the Republic and many by the National Liberal Party for the period 1948-1952. other deputies who tried and failed in their attempt. L&E -- The last example is that of Guillermo David, Endara Galimany who in the elections of May 10, 1964, was elected Deputy Alternate, but then requested and obtained the annulment of his credentials to protest the fraud that had been victims of his fellow Panamanian Party list. He was not elected President. 45 of the Republic of Panama, occupying that position since December 20, 1989 until September 1, 1994. After the election of President Guillermo Endara Galimany, none of the subsequent elected presidents (Ernesto Perez Balladares (1994), Mireya Moscoso Rodríguez (1999), Martín Torrijos Espino (2004), Ricardo Martinelli Berrocal (2009) and Juan Carlos Varela Rodríguez recently (2014)) was previously deputy to the National Assembly.

26. Legislación y Economía - Septiembre 2014


COMMENT ON CONSUMER PRICE INDEX NATIONAL URBAN: AUGUST 2014

C

onsumer Price Index (CPI) in August compared to July 2014, registered an increase of 0.1 percent in National Urban and 0.2 percent for districts of Panama and San Miguelito; while for Urban Rest, presented a decrease 0.1por percent.

Source: CGRP Contraloría General de la República de Panamá

In contrast, low-divisions Health 0.1 percent reflected by the decrease in prices of pharmaceutical products; Clothing and footwear 0.2 per cent, reduction in prices of footwear for women; Transportation 0.8 percent, driven by the decline in price of gasoline. Teaching division remained unchanged. Compared to August 2013, an increase of 2.1 percent was ob- Comparing the National Urban CPI July 2014, with its served in the National Urban, 2.2 percent in the districts of similar 2013, the following increases are shown: TeaPanama and San Miguelito and 1.8 percent in the Urban Rest. ching with 4.8 percent; Miscellaneous goods and services at 4.4 percent; Health with 4.1 percent; Furniture, houSo far this year, National Urban CPI showed a cumulative sehold equipment and routine maintenance of house 3.5 increase of 1.5 percent. percent; Recreation, entertainment and cultural services 1.8 percent; Housing, water, electricity and gas 1.7 perThe divisions showed increases above monthly average cent; Food and drinks 1.4 percent; Clothing and footin National Urban CPI for August were: Housing, water, wear 1.2 per cent and 1.0 per cent Transportation. L&E electricity and gas 1.2 percent, driven by higher prices of rental fees; Miscellaneous goods and services 0.3 percent, increase in personal care services; Food and drinks 0.2 percent, increase in the price of meals outside home and furniture, household equipment and routine maintenance of house 0.2 percent, due to increased ironing laundry.

27. Legislación y Economía - Septiembre 2014


IMPORTANCE OF TECHNICAL STANDARIZATION IN THE PANAMANIAN ECONOMY

P

anama, a land renowned for its great beauty and according to the Lottery Magazine No. 182 January 1971 can’t help but mention the letter of Don Ernesto J. Castillero regarding origin of the name of our country that a personal opinion with humility to indicate that can compare with others, there is no more beautiful land in every way, than ours. Panama “Abundance of Butterflies”. To this great beauty is combined benefit of our geographical position has made us a country with high potential for the development of international trade. When I mention this potential, is hinting that it should be clear that this development that we hold today, is the result of a variety of efforts in public policies and decisions that have been structured and strengthening the development, which must be maintained, with full responsibility for the ongoing professionalization based on efficiency and effectiveness. As part of the required operating gear Department of Trade and Industry, is the Directorate General of Standards and Industrial Technology created by Law No. 2 of 11 February 1982, by which reforms are introduced to Articles 10 and 11 of Cabinet Decree 225 of July 16, 1969. In 1997, it’s approved in the Republic of Panama Law 23 of 1997, whereby the Marrakesh Agreement Establishing the World Trade Organization approved; Protocol adherence to Panama by Annexes and consequential commitments list, published in Official Gazette No. 23,340 of July 26, 1997 and the scope of the Directorate General of Standards and Industrial Technology is defined in Title II of Law 23 of July 15, 1997, provisions on Technical Standardization.

28. Legislación y Economía - Septiembre 2014

Cristina M. Torres Ubillús Jurist; Former Director General DGNTI.; Former Secretary General ICIM.; Former vice a.i. Commerce; Former vice a.i. Foreign Trade; Ex AUPSA adviser.

When we speak of Quality Standards, think immediately of the existence DGNTI also known as (COPANIT) is the national standards body of the Republic of Panama to the following organizations and is part of: - World Trade Organization; - International Organization for Standardization (ISO); - CODEX Alimentarius Commission (Being the focal point of the Republic of Panama.) - Panamanian Standards Commission (COPANT); - International Observer. We can say that is the entity responsible for establishing legal and technical parameters for Coordination, Development and Regulation Guidelines, Standards and Technical Regulations in national and international guidelines, acting in the preparation, adoption or approval of standards in the field of industry, trade and services and even being able to specifically mention Social Responsibility, ISO 26000 Panama having an iron stake from creating its mirror Committee in 2007 and achieving and even through request that rose before meeting Uruguayan entity Standardization that efforts from the beginning of creation, it was translated into Spanish by the significant percentage of people possess as a communication language, the Spanish language, which would be as part of the development of societies and their ongoing development nexus economic, social, political. We can define as Technical Standard structured documents and created to be used as efficient mechanisms safeguarding quality in any activity aimed at minimizing production and services including inefficiencies and unnecessary costs as well as risks that may result from any management. We


can say that there are three types of normative document: - Guides: normative documents are those that are not mandatory; - Standards: Application documents are normative requirement under those involved in business management; but not mandatory; - Technical regulations: regulatory documents mandatory.

It’s necessary to increase and strengthen the important work that evolves and responsibility should each day be applied as mandatory, use and record the development of technical standards to be developed in Panama, culture standardization and thus we can count with steps, giving of both consumption and absolutely efficient, effective services and case harmless or safe consumption of food for human consumption; above all faithful compliance with the comBoth guides and technical standards while not manda- mitments made by Panama to the Marrakesh Agreement. tory, can be made compulsory if the law regulating certain subject, whether in food, electricity or other material, placed as part of the legislation, and thus it becomes “Responsibility is the basis of development and sustainamandatory to use. It is noteworthy that there are also bility” quality standards in food under CODEX ALIMENTA- CTU RIUS which is part Panama through DGNTI focal point. L&E For the second time the Republic of Panama has just introduced the Trade Policy Review at the WTO 2014; the first was in 2008, being Chapter Standards of Quality of basic importance for existence of international trade platform and determining credibility with which our country has increased our development as an international trading center.

29. Legislación y Economía - Septiembre 2014


MONTHLY ECONOMIC INDICATORS MAIN: JANUARY - JULY 2013-14 COMMENTS

F

or January-July 2014, major monthly economic indicators showed favorable performance in production activities related to the country’s domestic demand, compared with their counterparts in 2013 were: chicken meat production, evaporated, condensed and powdered milk , tomato products, alcoholic beverages and soft drinks; consumption of electricity, water billing in the Republic; value of construction, additions and repairs; fuel sales; new car sales; Assets of Banking System; value of premiums; current revenues of the Central Government; recreation and employment contracts registered in the MITRADEL.

Source: CGRP Contraloría General de la República de Panamá

2. Electricity and water: a. Electricity: The hydraulic and thermal power generation, both decreased by 13.8 and 0.1 percent, respectively; on the contrary, the excess electricity generated by the Panama Canal Authority, increased by 123.7 percent.

The total electricity consumption had a positive change of 4.5 percent, highlighting residential customers 6.6 percent, 3.3 percent commercial, government 4.4 percent, other In turn, showed declines the sacrifice of cattcustomers at 15.3 percent and large clients in 7.8 percent. le and swine, power generation, production of rectified spirit and manufacture of gray cement. The total water turnover in the Republic rose by 4.2 percent, specifically, the commercial secFrom the compiled indicators related to the rest of the tor by 4.2 percent, industry at 4.2 percent, 4.7 perworld, presented positive sign in the weight exporcent residential and government at 0.7 percent. ted melon, shrimp, yellow fin tuna frozen and fresh fish fish fillet, raw sugar, and flour and fish oil; the number of rooms in hotels of the city of Panama, passen- 3. Construction: ger entry and living abroad expenses, port cargo movement, revenue and tonnage of the Panama Canal; Value of permits for construction, additions and reovernight stays and hotel occupancy rate in the city of Pa- pairs, reported positive variation of 20.8 percent, exnama and transit of vessels through the Canal decreased. celling in residential construction 12.9 percent and nonresidential 29.8 percent. At the district level the increases were: Panama with 24.9 percent, 181.3 per1. Manufacturing: cent, Arraijan 7.0 percent and grouped Chitre, Aguadulce, Santiago, David and La Chorrera, with 14.1 percent. Positive changes in the production of chicken meat by 8.6 percent, evaporated, condensed and powdered milk 6.9 Gray cement production was reduced by 8.5 percent, 5.7 percent alcohol and soft drinks 6.4 percent percent and the ready mix in 37.6 percent. were recorded. In turn, decreases were recorded in cattle slaughter at 6.1 percent and 1.8 percent pig; equally, producing 10.4 percent sugar, tomato products by 2.3 percent, 5.7 percent salt and rubbing alcohol in decreased 29.9 percent. 30. Legislación y Economía - Septiembre 2014


4. Internal trade:

percent, raw refine sugar 21.6 percent, and fish meal and oil 394.8 percent. Moreover, declines in petroleum products by 3.8 percent, banana 4.7 percent, Watermelon 5.3 pera. Sale of fuel for domestic consumption: cent, pineapple 26.9 percent, coffee 21.7 percent, clothing 42.8 percent, meat of cattle 7.9 percent were reported, cattle The sale of fuel for domestic consumption increased beef up 84.3 percent, and hides and skins by 12.5 percent. by 7.9 per cent, of these gasoline grew by 8.4 percent, mainly in the 95 octane 17.7 percent and low sulfur diesel at 22.0 percent. Meanwhile, the consumption of li- d. Colon Free Zone: quefied petroleum gas, rose by 8.9 percent; however, decreased consumption of bunker C at 48.1 percent. Data not available for the source to date.

b. New cars sales:

6. Hotels and entry of passengers:

The sale of new cars increased by 4.7 percent, especia- a. Hotels: lly segments: regular cars at 4.5 percent, luxury cars 11.9 percent, SUV’s 0.5 percent, minivans 19.7 per- La actividad hotelera en la ciudad de Panamá reporcent pickups 4.8 percent and buses in 56.5 percent. tó Incremento en el número de unidades de habitación en 2.4 por ciento, el promedio de cuartos ocuConversely, reduction was observed in the pa- pados en 4.0 por ciento; por otra parte, disminuyó el nel segments 4.0 percent and 1.0 percent trucks. promedio diario de pernoctaciones en 7.3 por ciento y el porcentaje de ocupación habitacional en 3.6 por ciento.

5. Foreign trade:

a. CIF value of imports of goods:

b. Check passenger residing abroad and expenses:

The entry of foreign residents passengers grew by 7.2 perThe total CIF value of exports of goods increased by 3.1 per cent, cent, influenced by an increased input of hikers in 11.2 of these consumer goods by 7.4 percent and intermediate ex- percent, 0.7 percent tourists, cruise passengers arriving on celled in 6.9 percent; however, capital goods fell by 6.9 percent. 4.2 percent, and direct transit and crew on 10.0 percent.

b. FOB value of exports of goods:

The

visitor

The FOB value of exports of goods increased by 0.1 percent and the property most representative were: shrimp 82.5 percent, yellow fin tuna, frozen, fresh fish and fish fillet 65.9 percent, raw sugar 24.4 percent, flour fish oil and 195.7 percent, and hides and skins 0.6 percent.

7. Transport:

spending

increased

by

4.8

percent.

Panama Canal indicators reported positive changes in toll revenues of 4.0 percent, net tons displaced 2.7 percent and volume of cargo transported by 6.9 percent, however, transit of vessels decreased by 1.1 percent .

Negative changes were also observed in petroleum products 27.8 percent, 4.0 percent banana, melon 18.2 Cargo movement at national port system inpercent, 4.8 percent watermelon, pineapple 27.0 per- creased by 5.2 percent in the period from cent, 22.0 percent coffee, clothing 47.4 percent, meat 5.5 January to July, projecting the bulk 11.3 percent. Cattle percent and cattle standing with 80.4 percent. Container throughput increased by 1.0 percent compared to the same period last year.

c. Weight of exports of goods:

The weight of exports of goods rose by 5.9 percent, 8. Financial Intermediation: highlighting the areas of: melon 10.3 percent, 65.5 percent shrimp, yellow fin tuna frozen and fresh fish, fish fillet 52.1 a. National Banking System: 31. Legislación y Economía - Septiembre 2014


Total assets of the Banking System totaled 6.5 per- 11. Other related: cent, highlighting the liquid assets 21.4 percent and loan portfolio by 2.6 percent. Total deposits rose by 6.3 a. Labor contracts registered in the MITRADEL: percent, helped by increased domestic 11.2 percent. Employment contracts registered in the MITRADEL Central Office showed positive variation of 5.2 percent and more specifically, of a giThe negotiated Balboas at the Panama Stock Exchan- ven work in 17.1 percent and 0.5 percent indefinite ge, volume grew by 33.0 percent, mainly primary market on 66.8 percent and 0.9 percent repurchases; conversely, Panama’s economy grows 6.2% in first half year low was reported in secondary market of 5.7 percent. Panama’s economy grew 6.2% in the first six months of

b. Stock market indicators:

2014, being at the Gross Domestic Product (GDP) in B/. The stock market, index measured BVPSI Stock Ex- 17,315.8 million, representing B/. 1,004.6 million over change decreased by 7.0 percent; however, turnover rose the added value recorded in the same period last year, by 45.0 percent and number of shares 186.2 percent. when it amounted to B/. 16,311.2 million, include reports from the National Institute of Statistics and Census c. Insurance: (INEC) of the Comptroller General of the Republic, reviewed by the Ministry of Economy and Finance (MEF). Value of written premiums increased by 10.4 percent, of which stood bouquets: individual life at 5.6 percent, 12.8 Given the generation of value added of the economy percent health, group life 5.9 percent multi-risk fire and in the first half of 2014, which exceeds B/. 1,004.6 mi6.2 percent, 9.9 car percent, other transport 4.6 percent, llion Measuring last year and growth rate that leads 46.8 percent technical branches and deposits by 9.0 per- the Directorate of Economic and Social Analysis of the cent. Gross claims incurred were increased by 7.0 percent. MEF, projected to the Panamanian economy could close the year 2014 with an expansion of 7% level that would lead economic dynamism in Latin America. d. Loans from the Agricultural Development

Bank:

INEC reports highlight that first half of 2014 economic acLoans from the Agricultural Development Bank decreased tivities such as fishing have renewed growth, construction by 15.5 percent, especially those aimed at the livestock 19.1 continues at forefront and therefore Mining. This technical percent, fishing 72.9 percent and agriculture 5.4 percent. point of MEF, the high consumption of materials such as sand and stone used for the production of concrete and cement; additionally, other sectors such as real estate activities remain 9. Public Sector Finances: very dynamic contributing to the Real GDP of the country.

a. Central Government Revenue:

In contrast, value of production of Hotels and Restaurants, Agriculture and Forestry, ElectriThe total current income of Central Government, amounted city, Gas and Water, was lower than last year. 2.7 percent. Of these, increased in 0.1 percent tax and non-tax at 12.7 percent. Indirect taxes, the collection of ITBMS sales Regarding the growth rate for first six months of this grew 11.4 percent and insurance premiums by 10.3 percent. year, the Department of Economic and Social Analysis concludes that the economic activity of the period In turn, direct taxes recorded negative variations in question was consonant with a year of election camof 5.3 percent and the income tax of 8.1 percent. paign, since diverted its course for some months. However, this level held the creation of new jobs and the10. Leisure activities: refore contributed to the welfare of the population. Net sales National Lottery giveaways grew by 6.3 percent. MEF considers other indicators that measure performan-

32. Legislación y Economía - Septiembre 2014


ce of some economic activities in Panama, showed robust performance, as in the case of Financial Intermediation. The net proceeds of National Banking System, joined B/. 616.8 million, a B/. 56.5 million more than last year; and bank deposits, grew B/. 61,895.2 million B/. 62,662.6 million, and this is a portfolio that is in very good health, for which the institution shown positive figures to INEC. As state policy, plan administration of President Juan Carlos Varela states that the mission of the current administration is putting the country’s wealth in the service of all Panamanians with fairness and transparency, supporting the private sector and foreign investment to improve the quality of life of Panamanians and that “Panama grows, grow for all.”L&E

33. Legislación y Economía - Septiembre 2014


FOREIGN DIRECT INVESTMENT ADDITIONAL INCREASE TO 2,575 MILLION

A

report by the Department of Economic and Social Analysis of the Ministry of Finance reports that additional foreign direct investment amounted to approximately 2000 Dollars 575 million during the first half of 2014, according to figures provided by the National Institute of Statistics and census (INEC) of the Comptroller General of the Republic.

Source: CGRP Contraloría General de la República de Panamá

reign investment totaled thousand 962.6 million of Dollars, while in 2013 they were a thousand 641.1 million of Dollars.

MEF report reveals that this increase is due to expansion of the domestic economy, which has also increased profits for local investment. Panama continues on the path of opportunities for investors, the report estimaThe number of additional foreign direct investment ted MEF and it will be strengthened even further to the is the highest in the last five years, and has avera- extent that the conclusion of one of the most iconic doged 514 million thousand per semester in the last five mestic investment approaches: the third set of locks. years, while last year 2000 were 42 million Dollars. The additional FDI comprises 780 million in shares and Notably, the growth of the economy during the other equity investments in companies engaged in manu- first half of this year is 6.2%, still one of the best letfacturing or service delivery, as well as a thousand 643.8 ters of Panama as a country of opportunities. L&E million in profits reinvested in other financial intermediation or transit of merchandise activities Colon Free Zone. As a result of these increased investments, according to INEC, during first half of this year, earnings or extra income from fo-

34. Legislación y Economía - Septiembre 2014


FAO TABLE OF FOOD PRICES FELL TO LOWEST LEVEL IN FOUR YEARS

T

Source: FAO

he FAO monthly index of food prices repor- However, rice away from general trend in grains with a prited another drop in August, continuing five months of de- ce increase in August, reflecting higher import demand, clines and reaching its lowest level since September 2010. reduced the expected release of reserves in Thailand, and unfavorable weather that affected some crops in Asia. The index averaged 196.6 points in August, representing a decrease of 7.3 points (3.6 percent) compared “There seems to be an ample supply of rice worldwide, with July. With the exception of meat, prices of all pro- but stocks are highly concentrated in a small number of ducts as measured by the index had significant declines. countries, and often in the hands of governments. This means that these countries can greatly influence world priDairy products headed this group, the FAO in- ces, to decide whether to allow or not these supplies reach dex for these products located at 200.8 points in Au- the market”, said FAO economist Concepcion Calpe. “He gust, down 25.3 points (11.2 percent) compared to added that Thailand is still limited-sales huge volume of July and 46.8 points (18,9 percent) compared to a year rice that are in their public stores has been one of the main ago. The reason is the abundance of supplies for ex- factors that have sustained world prices in recent months.” port, together with a reduction in demand for imports. Price drops also oils and sugar, but no meat prices Russia’s veto earlier this month on imports of dairy products from several countries helped to lower prices, while reducing imports of whole milk powder from China (the world’s largest importer) also contributed to the uncertainty in markets.

Price index of the FAO food is a weighted index based on trade, which measures prices of the five major food products in international markets, and includes sub-indices for prices of cereals, meat, dairy products , vegetable oils and sugar.

The price index of the FAO cereal stood at 182.5 points in Au- The index of vegetable oils stood at 166.6 points in August, down 2.8 points (1.5 percent) over the previous month gust, 14.5 points (8 percent) less than the previous and 24.2 points (11.7 percent) compared to August 2013. month and the lowest level since November 2009. Since 2014 another record year for wheat production, prices of basic grains continued to decline in August, reaching its lowest level since July 2010 also the nearly ideal growing conditions in main producing areas, and the abundant stocks have seen corn prices down to their lowest level in last 4 years. 35. Legislación y Economía - Septiembre 2014

Sugar Price Index averaged FAO 244.3 points last month, down 14.8 points (5.7 percent) compared to July, but still 2.2 points (1 percent) higher than a year ago. And for meat index was 207.3 points in Au-


gust, 2.5 points (1.2 percent) more than in July, El Niño on crops early next year have clouded forecasts but 25 points (14 percent) over the last year. in China, India, Indonesia, Philippines and Sri Lanka. Still, with 500.4 million tons, it is expected that world production of rice (milled equivaCereal harvest in 2014 increases projected at 14 million tons lent) exceeds the harvest of 2013 by 0.4 percent. Meanwhile, the FAO Advisory on supply and demand for cereals, also published today, has high expectations of the Organization for world cereal production in 2014 at 14 million tons. With 2 500 million ton (including rice in milled terms), new projection would be only 0.5 percent (13 million tons) less than record set last year.

In total, it is expected that volume of global stocks of all grains reach their highest levels in the last 15 years, as a result of two years of good harvests.

FAO now estimates that global grain stocks reach 616 million tons at the close of crop seasons in 2015 This means 12 million tons from previous forecast, and over 6 percent (37 million The most optimistic forecasts on wheat largely explain the tons) of inventory levels at the start of the 2014-15 season. upward revision of cereal production compared to last L&E month. Wheat production is expected to reach 716.5 million now tons, also just below the record crop last year. The latest forecasts indicate that wheat crops in China, the Russian Federation, Ukraine and the United States will be higher than expected. And production in Argentina, Brazil, China, EU, India and the Russian Federation has increased significantly, offsetting reductions in Australia, USA and especially Canada, where the most recent official forecast indicates a decrease of almost 10 million tons (26 percent). For rice, however, the production outlook worsened compared to July in about 3 million tons, reflecting a pattern of erratic rains and concern about the impact of

36. Legislación y Economía - Septiembre 2014


CHINA ECONOMY WILL GROW OVER THE FORECAST

LATIN AMERICA GROW BELOW 2% IN 2014

Source: América Económica

Source: América Económica

T

T

he director of the Department of Asia and the Pacific of the International Monetary Fund said estimate that China will achieve economic growth above 7% next year. So the IMF revised upwards its growth forecast for the country to be published in October from the estimate of 7.1% made ​​in July. re gave the

he International Monetary Fund (IMF) will lower growth prospects for Latin America and the Caribbean in 2014 to less than 2%, which “slowdown” is being seen in the region, especially in South America should be, wheexample of Brazil, Argentina and Venezuela.

He concluded that “have many tools to main- Thus, the downward trend of the Latin American economy tain the growth rate well above 7% next. L&E consolidates after years of sustained growth above 3%. L&E

37. Legislación y Economía - Septiembre 2014


DIRECTOR GENERAL OF THE ILO CELEBRATES G20 AMBITIOUS COMMITMENT TO PROMOTE DECENT WORK

T

he Director General of the International Labor Organization (ILO), Guy Ryder welcomed commitments made by the G20 ministers to resolve the global jobs crisis, during the closing ceremony of Ministerial Meeting of Labor and Employment in Melbourne, Australia.

Source: OIT

“A positive aspect of the G20 conclusions was the importance given to reducing informality and underemployment, and recognition that it is essential to reduce poverty and spur sustainable development,” said Ryder. “These problems are particularly challenging for emerging G20 economies.” He also noted that the Declaration recogni“G20 ministers undertook ambitious but essential com- zes the importance of safety and health at work, both to mitments to work towards the creation of more and bet- protect workers and to reduce the economic costs of octer jobs, which can boost economic recovery and avoid the cupational injuries. “I am pleased that the ILO was invidanger of falling into the trap of slow growth,” said Ryder. ted to play a central role in coordinating technical cooperation to improve security in the workplace,” he added. Now ministers, Labor and Employment should work together with the Ministers of Finance and other compo- “Ministers also recognized the importance of gender equanents of governments to ensure that measures designed lity and the need to increase the participation of women to improve employment opportunities and wages will be in the workplace. Also expressed a genuine and universal supported by macroeconomic and financial policies. “ concern for the youth employment crisis and the difficulties that women and young men to find a decent job that In their final Declaration, ministers expressed the need to reflects your abilities and aspirations faced, “said Ryder. create hundreds of millions of decent jobs that can lift out of poverty for working families and promote sustainable During the meeting, the Director General made a predevelopment. “To promote and create quality jobs, and ad- sentation on “Labor Markets G20: prospects, key chadress the economic and social consequences of unemploy- llenges and policy responses.” Presenting the Organiment, underemployment, inequality and social exclusion, zation for Economic Cooperation and Development are priorities for all our economies,” said the statement. (OECD) and the World Bank Group was based on a report prepared for the ministerial meeting of the ILO. “To reduce youth unemployment, stimulate demand and, in particular, to increase the participation and employ- The Director General also met with groups of intement of women, require high priority,” the statement said. raction of the business community (B20) and trade unions (L20), who held the appreciation of the work The annexes to Declaration set out more than 50 politi- of B20 and L20 by ministers and “the importance of socal commitments to create more and better jobs, inclu- cial dialogue for better labor market performance.” ding measures to promote youth employment, addressing informality and underemployment, improve the The ILO submitted a series of reports on emsafety of the workplace and to promote gender equality. ployment issues that were requested by the Australian presidency this year to inform minis38. Legislación y Economía - Septiembre 2014


terial discussions. “Achieving stronger growth by Promoting a more gender-balanced economy” (Achieve stronger through the promotion of a more balanced economic growth between men and women), developed jointly by the ILO OECD, the World Bank Group and the International Monetary Fund (IMF). The ILO has prepared two reports: Informality and the quality of employment in G20 countries (Informality and quality of jobs in the G20 countries) and Creating Safe and Healthy Workplaces for All (Create safe and healthy places for all jobs). L&E

39. Legislación y Economía - Septiembre 2014


TRENDS 2014 SPORTS JACKETS AND BLAZERS

B

efore discussing trends for this season in Jackets and blazers, I will give you some information about difference between Jacket and Blazers. Following requests that come to us every day, today we want to give a little light on one of the puzzles that involves one of our favorite pieces: blazer and/or jacket. 40. Legislaci贸n y Econom铆a - Septiembre 2014

Nadia Chang rbcweb@rbc.com.pa


Certainly, for most of you it is more usual to call everything jacket serves to shelter a little more, whether over a shirt, sweater or jacket. Although this is the purpose you want to achieve with this type of clothing, we know them all differently for several reasons:

Currently, this type of jacket is used for varied occasions wear. It is conceivable with different buttons, gold or not. Although it is a piece of sport combined with polo, it can also be part of a smart outfit combined with a tie and shirt. You can also wear with dark dress pants or more casual as jeans or Chinese.

The jacket, as we can know today has its roots in traditional tailoring (made by hand) of England. Later, he was exported to America where it started manufacturing and also known as "americana", arrived in Spain in the nineteenth century. Thus the English jacket model was developed in America with two buttons of which only the first fastened.

The blazer is a garment for use in men but has also broken into the woman's wardrobe as fashion item. They wear the blazer over the blouse or shirt and combined with trousers, jeans and even skirts.

There is the difference between blazer and blasier because, although the former is used most in the field and the second Until the nineteenth century it was usual for men dres- male to female, is currently difficult to find differences betsed tuxedo, a current jacket with tails, like the Levite. ween them. To differentiate we can build on several aspects. For riding and sport to more comfortably, was shortened. This fact gave rise to the sport jacket that was made • The etymological origin of words. Blazer is a transformain North America and ended up coming to Spain as di- tion of the Blasier word of French origin, which over time minutive chaqué. It thus has a similar to that of chinos changed the phoneme "si" with a "z". (named manufactured in China during World War II). • The fact that, generally, the term Blasier word accompaThis term whose birth took place to christen a product nied jacket. come out increasingly less used in Spain. However, in some territories both "americana" used as jacket itself. • The blazer is a garment for a more informal Blasier, and The blazer is a type of jacket that origi- thus allows the inclusion of more bright accessories like nated in the navy and some sportswear. straps, chains, studs, among others. Being as a dress jacket, differs from this by having a more casual cut and some differential accessories like metal You see, although sometimes we use these terms to designate buttons and patch pockets. Originally, it was used as a sport the same products, each has characteristics that make them coat resulting in a garment to be long lasting. It is often used different. We hope we have brought some light to the "trilogy" in institutional schools uniforms, airlines or yacht clubs. Now I'll talk about trends in Blazers and Jackets for this season There are mainly two known styles. Formerly, it was a cheer- The American jacket or blazer are garments that can neful colorful jacket, often lists was a precursor to the blazers. ver be lacking in the male wardrobe. They are perfect for The other style corresponds to a sea blue jacket. Finally, our climate and halftime, as they can be used as light and the name seems to have been to designate the second piece functional garment coat. The men's jacket is so versato which later was added the metal buttons, black above. tile it can take you from work to go to elegant events or for casual wear. The possibilities are endless, and can be combined with tweezers or suit pants, jeans, corduroys or Chinese. Men's fashion dare to bring up with shorts. The American style takes more this year is the slim fit, slightly shorter than in previous seasons and two buttons. This type of jacket is ideal for young, thin men, although his style really favors all kinds of figures. The lapels are being narrow, with tall cranes and classical form of V. The most original jackets can wear peak lapels, and for festive occasions, you can opt for a shawl lapels jacket type, such as the tuxedo. 41. Legislación y Economía - Septiembre 2014


Proposals leading designer menswear seen a lot of color: gray jackets, soft mustard color but especially blue. In sion or blazer buttons with cross type, out from other tones in perfect shades

2014 we have red, orange or American verthe blue stands in our climate.

The americanas are stamped another proposal of the season have original and colorful jackets with checks, stripes, etc for men who want to dress fashionably but still be stylish. Shirt and tie with jeans and T-shirt, chinos, shoes or sneakers, even with bow... there are a thousand ways to combine an americana male jacket or blazer. Take as warm clothes, to go to the office or to create a hipster look; you choosing a cut and color appropriate fashion and accessories, you're ready to splurge style. I hope you liked it and wait for the next article dealing trends for year-end holidays, which are good as they say in Panama just around the corner. L&E

42. Legislaci贸n y Econom铆a - Septiembre 2014


ANNOUNCEMENT OF THE SELECTION OF PANAMA

T

he national team coach Hernan Dario Gomez, called 13 legionaries for party preparation that will sustain our eleventh to its counterpart in Mexico on 12 October in the city of Queretaro. Highlighted in the call by Aníbal Gómez players Godoy, from Honved of Hungary, and Luis Henriquez, from Lech Poznan in Poland. Also return of Jose Calderon, goalkeeper of Deportivo Coatepeque Guatemalan league. The rest are players who were with Panama in the last Centralamerican Cup. The full list of legionaries is as follows: Goalkeepers 1. Óscar McFarlane (Pérez Zeledón, Costa Rica) 2. José Calderón (Deportivo Coatepeque, Guatemala) Defenses 3. Román Torres (Millonarios, Colombia) 4. Harold Cummings (Juan Aurich, Peru) 5. Roderick Miller (Mérida, Mexico) 6. Luis Henríquez (Lech Poznan, Polonia)

Albin Rodríguez albin.rodriguez@rbc.com.pa

Forwards 12. Roberto Nurse (Correcaminos UAT, México) 13. Blas Pérez (FC Dallas, USA) Jaime Penedo (LA Galaxy, USA), Adolfo Machado (Saprissa, CRC), Carlos Rodríguez (Fortaleza, CO) y Nicolás Muñoz (Isidro Metapán, SLV) are Legionnaires who were in Centralamerican Cup, but weren’t invited this time. Note that in this call was also called Spanish team defender Roberto Chen from Málaga FC, due to a crossed ligament injury that will keep him sidelined for six months. Called by the Mexican national team Goalkeepers Guillermo Ochoa ( Málaga ) Alfredo talavera ( Toluca ) Defenses Paul Aguilar (América) Miguel layún (América) Hugo Ayala (Tigres) Rodolfo Pizarro (Pachuca) Jorge Nilo (Tigres) Enrique Perez (Atlas) Oswaldo alanis (Santos) Miguel herrera (Pachuca) Luis Venegas (Atlas)

Middlemen 7. Gabriel Gómez (Sport Herediano, Costa Rica) 8. Aníbal Godoy (Honved, Hungría) 9. Armando Cooper (Godoy Cruz, Argentina) Middlemen 10. Rolando Escobar (Dep. Anzoátegui, Venezuela) Javier Güemes (Xolos) 11. Alberto Quintero (Mineros de Zacatecas, México) Alfonso González (Atlas) 43. Legislación y Economía - Septiembre 2014


Javier Aquino (Rayo vallecano) Héctor Herrera (Porto) Marcos Fabián (Cuz Azul) Antonio Ríos (Toluca) Forwards Erick Torres (Chivas USA) Javier Hernández (Real Madrid) Oribe Peralta (América) Javier Orozco (Santos) FIFA ranking position in September Panamá 55 México 16 It will be game not for heart because of what happened in the last tie which ended up losing in the final minutes with a goal by Chilean player Raúl Jiménez at the Aztec Stadium.

In the first part of the game came out with more intensity and could have scored twice, but the home keeper Juan Eliceiry opportunities thwarted two major interventions. That “tica” intensity had its reward in the 18th minute when a corner was ahead Gutiérrez’s goalkeeper to score a beautiful head goal. Alajuelense joy was short as five minutes after the canal team tied the match when he converted Moreno and another defensive unmarked off a jump side kick error. Before the break the Costa Rican international Patrick Pemberton saved his team to stop a point-blank header. In the first minutes of the restart both teams had chances paths, but it was 66 minutes when Alajuelense had the clearest sending the ball high after two headers in the Canal area. This result leads Alajuelense group 6 with 5 points, followed by Chorrillo FC and Cruz Azul tied with 4 units, but the Aztecs have a game.

Chemito Moreno loses Crown Panamanian players still have that thorn and The last champion of Panamanian boxing has fawould like to win this time in Querétaro. llen. Anselmo Chemito Moreno lost his super bantamweight championship of World Boxing Association It will be a strategist game as they have (WBA) technical decision at the end of sixth assault. two teams with experienced technicians. Juan Carlos Payano was his executioner, who came Chorrillo FC, removed from Concachampions out in good shape favored by the board of judThe Panamanian team Chorrillo FC drew 1-1 ges in the fight Arena held in Mesquite Texas, USA Thursday with Liga Deportiva Alajuelense of Cos- Payano suffered unintentional head butt, which ta Rica, in the fifth match day of the group stage of prevented him to fight after six rounds, so Luis the Champions League 2014-2015 CONCACAF. Pabon’s match referee stopped the fight for medical suggestions and technical decision rules went. With this result recorded at Maracana stadium in the The judges voted as follows on behalf of Payano: Alfredo Polancity of Panama, Alajuelense will be played in the last co voted 59-55, 58-56 Rafael Ramos and Cesar Ramos 58-56. game against Mexico’s Cruz Azul into the quarter-finals, Moreno carried the defense 13of his crown and is while Chorrillo FC says goodbye to the competition. the third time he is defeated in his career. The PanaThe goals of the match were scored by Sergio Moreno (23) manian dropped to a 35 wins, 3 losses and one draw.  L&E to Chorrillo FC and Kenner Gutiérrez (18) for Alajuelense.

44. Legislación y Economía - Septiembre 2014


“THE FESTIVAL OF MEJORANA” IN GUARARÉ Milena Vergara milena.vergara@rbc.com.pa

manifestations such as music, singing and dancing.

Mejorana is similar to a guitar but smaller instrument (about 60 cm, Depending on the manufacturer or requirements of performer). The strings are used in nylon marjoram (although before they were chicken gut), identical to the first three strings of the guitar. It’s made of engineered wood with a chisel. It can be done with different types of wood like cedar, cedar “The Festival of Mejorana” in Guararé is an event that hawthorn, the quira the frijolillo the jamaico and espavé. helps us cultivate, evaluate and sustain our most pre- Mejorana, typical of region of central provincious vernacular practices and make us feel the great va- ces of the Isthmus of Panama (Herrera, Los Sanlue of our folk culture and proud to be Panamanian. tos and Veraguas), its structure hasn’t any metal. A night of July 24, 1949, after several years that a chemical engineer named Manuel F. Zarate, keep in mind the old folklore and traditions of his people Guararé, decided to convene a meeting in the Bibiana Perez park people of this village, to propose the holding of a festival with ancient usage but in a more organized manner, leveraging the festivities of the Virgen de Las Mercedes, whom you pay homage. They suggested that it was selected the theme “Mejorana” because it contained a sufficient field in all its 45. Legislación y Economía - Septiembre 2014

After that meeting, in August of that year, a committee formed by Professor Manuel F. Zarate, Jose Nieves Angulo, Jose Saavedra and Don Justino Lopez G. issued a communiqué announcing that they had decided to hold a Guararé Folk Festival on the occasion of their patron saint called “Festival of Mejorana” which comes from the devotion of the people Guararé has paid to the Virgen de las Mercedes, whose image lies in the Parish of Guararé that as the story came to this land as a gift from King Charles V in the 1700s, two pious delivered to the Catholic faith. Along with the festivities of the Virgen de las Mercedes, every September Marjoram Festival “which gathers all those around the country who come year after year to enjoy all the events and performing folk dances performed


different folk delegations where our customs, traditions and typical costumes worthy of all regions is enhanced. On 23 September, the procession through main streets of the village is performed, followed on 24 the Mass held in honor of the patron. There are things that should be highlighted and making Mejorana Festival a unique event as it’s an event where no one can hear music that is not that of our regions, there no one will hear a reggae type music, salsa, etc., there only going to hear the beat of the drums, box, accordion, mejorna, tenths singing the chantey, singing, etc. and of course the evening events enlivened by traditional artists of our country. Additional to this bullfighting parade of carts which are designed based on our customs and traditions with which closes the Festival on Sunday marjoram are added. I encourage everyone to put on their agendas for next year for the month of September, the route to Guararé as one of your options for enjoying the scenery, nature, customs, dresses and folk roots, I assure you that will live moments of fun, healthy recreation and good atmosphere of warmth that characterizes the people of guarareño village and its surroundings. In conclusion I ask that while we celebrate the Festival of Mejorana, also reflect on the problem that attacks the area of Azuero right now as it is water pollution of La Villa River, we must be more careful and give greater importance nature that every day we destroy with our own hands more than anything affecting a resource so vital to humans. L&E

46. Legislación y Economía - Septiembre 2014


ARTISTS JOIN THE PROJECT “SOLIDARITY TIES” PROMOTED BY THE FIRST LADY’S OFFICE AS PART OF CAMPAIGN AGAINST CANCER PREVENTION Source: Despacho de la primera dama despachoprimeradama.gob.pa #LazosSolidarios, artists, workshop Articruz, First Lady Office, Municipality and other agencies working at full steam with love for this artistic and social project that is part of the Pink Ribbon campaign and Celeste for the month of October to Cancer Prevention it is a success achieving goals raise awareness to constantly examine and collect large donations to support the National Cancer Institute. Thanks to the artists Olga Sinclair, Kansuet, Cisco Merel, Camila Bernal (Remedios), Fernando Toledo, Gabriela Batista, Braulio Matos, Kantule, Manuel Ojeda, Marisabel Bazan, Rolo De Sedas, Andrea Arias, Diego Fabrega, Eduardo Navarro, Micky Fábrega for joining to be part of this initiative. Will continue to bring creative ideas to encourage art and culture as part of transforma¬ción tools of our beautiful country. Will continue to bring creative ideas to encourage art and culture as part of the transformation tools of our beautiful country. L&E

RBC Abogados

Rivera, Bolívar y Castañedas

@rbc_abogados

47. Legislación y Economía - Septiembre 2014


Alianzas alrededor del Mundo Mitrani, Caballero, Rosso Alba, Francia, Ojam & Ruiz Moreno-ARGENTINA Guevara & Gutiérrez S. C. Servicios Legales- BOLIVIA Machado Associados Advogados e Consultores- BRASIL DSN Consultants Inc- CANADÁ Lewin & Wills Abogados- COLOMBIA Rivera, Bolívar y Castañedas- PANAMÁ Espinosa & Asociados- CHILE Lawnetworker S.A. Asesores Legales- ECUADOR Peter Byrne & Associates- ESTADOS UNIDOS Machado Associados Advogados e Consultores- ESTADOS UNIDOS Ortiz, Sosa, Ysusi y Cía., S.C.- MËXICO Estudio Rubio Leguia Normand & Asociados- PERU Adsuar Muñiz Goyco Seda & Pérez-Ochoa, P.S.C.- PUERTO RICO Pellerano & Herrera- REPÚBLICA DOMINICANA Alvarado & Asociados- NICARAGUA Torres, Plaz & Araujo- VENEZUELA Facio & Cañas- COSTA RICA


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