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Colaboradores en esta edición José Javier Rivera Dayra Castañedas Giovana Miranda Karen Fábrega Lucila Rivas Rafael Fernández Lara Javier Said Acuña Mariela de Sanjur


Giovana del C. Miranda

Fotografía - Mariela De Sedas de Sanjur Roberto Ramos Diseño y Portada: Virginia Medina

Legislación y Economía

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The choice of Chief Justice of the Supreme Court


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The new law governing the National and International Commercial Arbitration in Panama, places our country from one of the most developed in this area in the region. CHARACTHER OF THE YEAR FAMOUS QUOTES OF NELSON MANDELA


CONSULT, DOCTRINE AND JURISPRUDENCE lthough late, the police jurisdiction is removed







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The choice of Chief Justice of the Supreme Court


José Javier Rivera - Abogado

t beginning of 2014 the nine judges comprising the full Supreme Court must make a momentous decision for the country that have an impact on public trust and thus affect the perception of political stability and legal certainty. The sequence of events that has characterized the presidency of Judge Alejandro Moncada Luna is undoubtedly one of the worst consequences of the administration after military dictatorship justice. I remember when in 1990 President Endara was forced to remove the judges of this collegiate body, except Judge Rodrigo Molina, for their connection to a regime that collapsed the building of democracy, considered in the popular jargon that country had a “Deluxe Court” because there was a choice of lawyers for that high office incorruptible path. The weak democracy that we have built since that date, has had on the Supreme Court, an eloquent example of an evil intrusion of politics and some exceptions, the administrations that followed the President Endara haven’t had the vision of statesmen and therefore, have considered this organ of the state as a kind of appendix to the Executive Branch in an overlapping intervention thinking and more recently a quasi-judiciary submission to the Executive. The Citizens Alliance for Justice, the Bar Association and the Panamanian Association of Business Executives have been released analysis of deteriorating administration of justice, in particular the total lack of accountability by the President of the collegial body, who incidentally is the one with the largest number of unresolved cases and the highest number of justified complaints about failures or legislative initiatives that are against road with the proper administration of justice. Even public have also been allegations of abuse of authority or of proven mistakes raised by various judges of the Supreme Court against the President of the Court of the State.

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We live in a time in which to make matters worse, there is a kind of polarization in the Supreme Court which implies the existence of two blocks representing respectively the current party administration and previous administration, which may lead to a kind of paralysis on the decision to choose a president of Supreme Court who enjoys public acceptance and passage offers confidence to voters, in the sense that the Supreme Court will not be electoral umpire. I think there are some judges who have the profile to fill this gaping hole that has characterized the presidency of Alejandro Moncada Luna the Supreme Court and therefore can create conditions to strengthen the concept of legal certainty which is essential in a democracy, it may seem contradictory, I think some glimpses in recent pronouncements of the Court, which are being analyzed in this latest issue of our magazine for the year 2013, give us some hope that the mess of the last two years can be corrected with nobility and standing in the right place the national interest against the ambition of the temporary occupant of the palace of the herons. Congratulations, if common sense and sense of homeland illuminate the judges for accountability prevail and leave current sectarianism. Dawn and see...

The new law governing the National and International Commercial Arbitration in Panama, places our country from one of the most developed in this area in the region.


Dayra Castañedas - Abogada

n 12 December 2013, was approved on third reading the law governing the National and International Commercial Arbitration in Panama, by National Assembly, after several years of hard work of the committee responsible for drafting the document in order to devise a law consonant with the changes in the arbitral institution, while retaining essential features of arbitration.

regulation, that provides legal certainty and confidence. Would take too long to highlight each of the rules contained in the new law, which we consider innovative and beneficial to the arbitral practice, but among all of them can highlight the following most important: When a dispute is decided on a national or international arbitration and in Article 2, is indicated. “The arbitration is international if the parties to an arbitration agreement have , at the time of The new law of national and international arbitration, the conclusion of that agreement, their places of business in places our country among those considered develo- different States, or when one of the following places is situaped in this area. For this regulation is taken as reference ted outside the State in which the parties have their places: the guidelines of the United Nations Commission on International Trade Law (UNCITRAL) and the Rules of a. The place of arbitration, if this has been determined in the Arbitration of the International Chamber of Commer- arbitration agreement or under the arbitration agreement; ce (ICC). Were also considered arbitration laws used by countries with advanced experience in international ar- b. The place of performance of a substantial part of the bitration as Spain, France, Peru, Mexico and Costa Rica. obligations of the business relationship or the place with which the subject of the dispute is most closely related, or In addition to the contribution by all members of the committee that consisted of Katherine Gonzalez Arro- c. The parties have expressly agreed that the subject matter cha, Mario Fabrega, Liliana Sanchez, Rinee Juliao, She- of the arbitration agreement relates to more than one State; yla Castillo, Esteban López, José Javier Rivera and myself, contributions and recommendations were also d. The subject matter of the arbitration involves provision received number of prominent national lawyers with of services, sale or disposal of property or transfer of capital experience in arbitration, some judges of the Supreme that occur offshore or cross-border effects. If a party has Court and recognized experts in the field internationally. more than one place, place of business is that which has the closest relationship to arbitration agreement; If a party has One of the main objectives of this law is to provide a mo- no accommodation will be made to his habitual residence. “ dern national and international law, eliminating failures or gaps warned in Decree Law 5 of 1999, after several years The arbitration shall be national if the court is headquarof implementation. Similarly guarantee investors a current tered within the territory of the Republic of Panama and 7. Legislación y Economía - Diciembre 2013

arbitration does not fall within any of the above assumptions. The new law defines concepts such as arbitration, electronic communication, Panamanian State, Post data, Arbitral Tribunal, Judicial Court, Fourth General Affairs Division, International Arbitration Award, National Arbitration Award, among others. Sets a clear limit on the scope of judicial intervention in matters governed by this law, so that the courts of arbitration act independently.

suspension or modification of that interim measure, if necessary. Listed reasons for refusing recognition or enforcement of interim measures and preliminary orders granted by arbitral tribunals based arbitration abroad.

A provision concerning the rebellion of one of the parties, when notified of the application and no reply, stating that this fact shouldn’t be considered as acceptance of the applicant’s arguments, but the process will not The Act states that the arbitration agreement is one whe- be also added the presence of defaulting party. As for reby the parties to submit their dispute or certain disputes the making of the award and termination of proceewhich have arisen or may arise between them in respect dings, different terms are set, previously established. of a defined legal, contractual or non-contractual relationship. Note that arbitration agreement may take the for- In international arbitration, the dispute should be decimula of an arbitration clause in a contract or in the form ded and reported within the time limit set by parties, the of an arbitration agreement. It shows that the agreement applicable arbitral rules or, failing that, by Arbitral Tribumust be in writing, but as an important change in the nal and domestic arbitration, unless otherwise agreed by law, states that the agreement means writing if it is con- parties, time of providing the final award shall not exceed a tained in a document signed by the parties or in an ex- term of two (2) months from closing arguments presented change of letters, telex, telegrams, emails or other means by parties. The term for issuing the ruling, may be extenof electronic communication record of the agreement. ded by the Arbitral Tribunal for an additional term of up to two (2) months in view of the complexity of the case. Importantly, the reference in a contract to a document With the announcement of the award is concerned, arbitral containing the arbitration clause constitutes an arbitra- tribunal shall decide on an award or as many partial awards tion agreement in writing, provided that the reference is unless otherwise agreed by the parties deemed necessary. such as to make that clause part of the contract. It also states that the adoption of pre-arbitration injunctions, The deadline for correction and interpretation of award exare not incompatible with the arbitration agreement or tends that term counting from thirty (30) days following be construed as a waiver of that arbitration agreement. the date of notification of award days, concept of enlightenment is also modified, since the agreement of parties, of The law’s profile to be something completely new, is in- them you can ask the court to give an interpretation of a troduced as well as the grounds for unavailable, making specific point or part of the award. This regardless of the it clear that arbitrators are not public servants. Grounds correction can order the parts, by miscalculation, clerifor disqualification of arbitrators and the procedure to cal or typographical errors or any errors of similar nature. resolve are also contemplated. A chapter to the issue of interim measures and preliminary orders is intended as The Court may of its own motion to correct the award, a faculty that has the tribunal to order these measures, only by miscalculation, clerical or typographical errors or provided that the parties have not agreed otherwise. The any errors of similar nature. Additionally, states, explicitly, conditions that applicant must file the injunction to jus- that the judge will not rule on annulment the merits of the tify the same, giving court the power to deny shouldn’t dispute or qualify the motivation or the reasons stated by be convinced of the urgency of the measure are set. the Court, so it is expressly stated that the appeal be resolved by declaring the validity or annulment of the award. Precautionary measures or preliminary injunction ordered by an arbitral tribunal whose place of arbitration is Regarding the procedure for the enforcement of awards, in the Republic of Panama and in the event that judicial specifically the possibility of filing an appeal is excluded assistance is required are considered binding, must be from decisions of the judge at this stage. Regarding recogexecuted immediately by competent court when so re- nition and enforcement of international awards are recogquested. The party seeking or has obtained recognition nized and enforced in Panama under the Convention on or enforcement of an injunction or order by a court pre- Recognition and Enforcement of Foreign Arbitral Awards liminary promptly inform the court of any termination, adopted in New York in 1958, the Inter-American Con8. Legislación y Economía - Diciembre 2013

vention on International Arbitration adopted in Panama in 1975 and any other treaty on recognition and enforcement of an international arbitral award. Given the above, it is envisioned that the new arbitration law gives Panama the qualities of a favorable country to international arbitration. We hope that the law is sanctioned by the Executive, for publication, since the same one will begin to apply following day in the day of promulgation, which needs that users of the same one have knowledge of content and scope.   L&E

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FAMOUS QUOTES OF NELSON MANDELA “Poverty is not natural. It is created by man and can overcome and eradicated by the actions humans. And eradicating poverty is not a gesture of charity. It is an act of justice. “ “We must use time wisely and realize that is always the right time to do things right. “ “I’m just an ordinary man that circumstances became an extraordinary leader. “

“Let freedom reign. The sun never sets on so glorious a human achievement. “ Deja que la libertad reine. El sol nunca se pone sobre tan glorioso logro humano.

“No one is born hating another person for the color of their skin, or their origin, or religion. “

“Never, never and never again I should be that this beautiful land experience the oppression of one person by another. “

“People must learn to hate, and if they can learn to hate, too, be taught to love, love comes more naturally to the human heart than its opposite. “

“There is nothing like returning to a place that hasn’t changed, to realize how much you’ve changed you. “

“Education is the most powerful weapon to change the world. “ “The major glory is never to fall down, but to get up always. “ “I LIKE THE FRIENDS WHO HAVE INDEPENDENT THOUGHTS because they are in the habit of making yourself see the problems from all the angles. “ “My dearest dream is to a free and democratic society which we can all live in harmony and with equal opportunities. “

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“Death is something inevitable. When a man has done what he considers his duty to his people and his country, he can rest in peace. “ “I think I have made that effort and that, therefore, I will sleep for eternity. “



he Authority of Public Services by Resolution AN No. 590-ADM December 13, 2013 set monthly fee for year 2014 to cover costs of operation and maintenance of the implementation of number portability in three cents of Balboa for each number assigned active. In this context, it was established that the fixed monthly rate will apply for fixed and mobile networks as of January 1, 2014. On the other hand, the dealers of mobile cellular telephony (107), Personal Communications Services (PCS 107) and Telecommunication Service Basic Local (101) was ordered to be to apply the fixed rate according to the procedure billing and Collection approved by the ASEP. L&E



n November 26, 2013 was issued Resolution No. 201-16511 by the National Revenue Authority, for which specifications relating to the extraction was established and sent ANIP, the information contained in each audit report of fiscal equipment that is subject to replacement by reason of exhaustion, as follows: 1. For the purpose of replacing the Audit Report tax equipment by reason of exhaustion, authorized prosecution team transferor must extract the information by generating the encrypted XML. 2. The XML file must be recorded on a compact disk or other magnetic media as determined and sent to the Billing Department ANIP accompanied by a signed note indicating the registration number of tax equipment, RUC and address of the user. L&E

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Giovana Miranda - Abogada

12. Legislación y Economía - Diciembre 2013


s of December 12, 2013, you can skip to leave the country under national or international requirement to authenticate notarized authorization letter from the other parent age when the airport both parents are and be present before the official of National Immigration Service shall certify the parent firm released comparing it to the card or personal identity and requesting that the fingerprint printed on the document is provided. Mentioned before has its foundation in Law 13 of December 10, 2013, published in Official Gazette 27,431. We believe successful change in the immigration laws regarding departure of minors and to be established as an exception, since before the reform the child couldn’t get out but the notarized letter was presented and the fact that both parents were in the airport didn’t change the situation. However, we should expect if indeed the law is implemented properly in comment. L&E



nder the presentation of Judge Hernán De León Batista, Chamber I of Civil Resources met Cassation against the judgment of 30 August 2010, issued by the First Superior Court of Justice confirms Judgement No.93 of 6 November 2007 Seventeenth Circuit Civil Court in the ordinary process brought by CEMENTO BAYANO, S.A. and DISTRIBUIDORA DE CEMENTO, S.A. against INGENIERA CONSULTORIA Y PROMOCIONES, S.A. (INCONPROSA) and COMPAÑÍA NACIONAL DE SEGUROS, S.A. (CONASE). As a brief summary of the facts of the dispute, the plaintiffs held companies with INCONPROSA a contract for the supply of building materials, for the defendants to undertake renovations of a hospital for the Ministry of Health, in order to manage and obtain credit facilities CONASE INCONPROSA to orders issued a bond to guarantee the obligation in CEMENTO BAYANO, S.A. and DISTRIBUIDORA DE CEMENTO, S.A. After the work, nor INCONPROSA as principal debtor or CONSASE as surety for payment of materials supplied for the public work, knowing that hadn’t paid to the applicant by materials supplied, received money from the 10% retained the Ministry Health at beginning of work, nor the Ministry of Health as the owner and contractor for the work, the applicants canceled the value of materials sold on credit, which were incorporated into the work, the amount of B/.195,174.94 . The first instance decision, declared unproven except for lack of standing assayed by representatives CONASE; tested except absence of the obligation invoked by CONSASE denies the declarations sought by the applicants, not having participated actively and effective in established periods and practice to provide evidence to support his request, for costs in favor of CONASE by B/.35,353.78. Both parties announced timely and sustained Appeal, and pronounced the First Superior Court through the judgment of August 30, 2010, modifying, stating unproven except for absence of the obligation invoked by the proven and declares CONSASE requests one and two of the plain13. Legislación y Economía - Diciembre 2013

tiffs, which was subsequently appealed by both parties. Regarding the cassation appeal filed by the procurators CONASE, allege infringement of substantive rules of law in respect of direct violation, based on three grounds, namely that the First Superior Court directly violates the law, making extensive the contract of guarantee to people who aren’t part of the contractual relationship, concluding erroneously declare unproven exception of no obligation. The Civil Court to be tested for the reason given and the reasons that support it, discard charges appeal, it is the same contract of guarantee which includes suppliers and to make contractual part, although not part of the contractual relationship and benefits of the bond, which generates an obligating the insurance effect, therefore, the applicants are fully empowered to take any action to win back the obligation breached. Regarding the appeal brought by applicants, the infringement of substantive rules of law in respect of legal error is invoked as to the weighing of evidence, based on four grounds, namely that committed the mistake of assessment of a report by the Ministry of Health and policies by defendant for contract and other documents confirming existence and knowledge of the breach of INCOPRONSA, CONASE suppliers, or give a correct value to guarantee contract, or the documents containing claims made by plaintiffs to CONASE on the issued securities. Forward by the Civil Chamber analysis regarding the cassation appeal of the applicants to operate this causal background is necessary that the test is weighted in the judgment impugned on appeal, and in this case, Superior Court not made a specific mention of having examined the evidence identified by the appellant, which is noted as the rest from the evidence was insufficient to determine the conditions, amount, among other aspects of the contract . The Board considered that the content documents of the Health Ministry report, the process followed by INCO-

PRONSA to CONASE, claim to CONASE and expert reports of the claims made and bonds, pay no merit to consider that there is non-compliance of INCONPROSA with suppliers. However, the document containing the claim made to CONASE on bail, showed that the applicants had requested that the outstanding obligations covered by the policy issued will be honored, therefore, the insurer was fully aware of that non-compliance by the contractor, the applicants making the claim within the period of validity of the policy, in addition to using certified public accountant certification reflects the amount owed, which gives public faith of the transaction. Basically, the decision of the Civil Court, delved into the document containing the contract of guarantee, where the guarantor, ie CONASE, pay in full the amounts that the contractor will owe to suppliers of materials incorporated in the work, just as it was stipulated that the surety pay after submitted invoices, purchase orders, payroll and other items that verify that the material was supplied for the work and also that the claims could be made to the surety, ie CONSASE , which was an important piece of evidence taken into account by the Civil Court to grant the claim sought by the plaintiffs. In principle, our Civil Code indicates that contracts have the force of law between parties and executed according to the wording of the same, and that document was contemplated, although the applicants hadn’t signed the document, shows its ability to operate against default of Contractor, and ex-

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pressly stated that the surety, must pay providers directly. Therefore, the Board resolved Civil Cassation Judgment of August 30, 2010 issued by the First Superior Court and modified the Case No.93 November 6, 2007 in the Circuit Civil Court declaring Seventeenth unproven except lack legitimation and lack of obligation assayed by CONSASE and access the claims made by the applicants, jointly condemning the defendants to the cancellation of the debt and the costs of prosecution, a decision considerated successful, according to the principles of sound and equity. L&E



ecently the Supreme Court of Justice, under the presentation of Judge Jerónimo Mejía declared unconstitutional Article 1 of Law 74 of 29 October 2010 amending Article 127 of Act 18 of 1997, which was as follows: failure to be Interesting due to society, despite the insistence of various sectors requiring resolution. But in our country so that action is taken only when tragedies happen. Two people had to die, and cause injury to others that he put a brake on power enjoyed by the members of the National Police. It is only a slogan “protect and serve”. The lawsuit was filed by attorney Carlos Herrera Morán; within the constitutional provisions are cited as violated Articles 4,17,19 and 310 of the Constitution, which states: Article 4: ma abides by

“The Republic of Panathe rules of international law.”

Article 17: “The authorities of the Republic are institutional to protect the life, honor and property of its nationals wherever foreigners under their jurisdiction are already present, ensure the realization of the fundamental rights and individual and social duties and fulfill and enforce the Constitution and the Law.” Article 19: “There will be no immunity or privilege or discrimination because of race, birth, disability, social class, sex, religion, or political views.” Article 310: “The Republic of Panama will have no army.” The Attorney General’s Office issued by Vista concept No. 6 February 17, 2011, requesting a declaration that contested provision IS UNCONSTITUTIONAL and said: “With regard to the charge of violation of Article 19 of the Constitution which enshrines the principle of equality before the law, raised by the constitutional activator, Attorney believes that the contested effectively rule creates an unjustified inequality in favor of members of the National Police.” 15. Legislación y Economía - Diciembre 2013

There is no justification for the contested rule prevents the application of preventive detention of members of National Police, since they regard as individuals linked to the commission of a crime are equal before law, also prohibit the application of precautionary measures against members of the National Police created a procedural legal privilege that has the rest of the individual, which in the social field can inspire a privilege exists for this class of public servants, without forgetting the correlative risk that can be neglected the criminal process and its effects, which amount to sponsor impunity. The Court, upon entering into substance of the dispute said that fundamental rights represent values and principles of society and to have the rank of constitutional rules, they also have the power to set the infra-constitutional legislation. Accordingly, any rule of lower legal rank must comply at least with the essential and indispensable core of fundamental rights, since it is known that, as these aren’t absolute, may be restricted by law, but only in that measure does not exceed its essential core , ie not exceeding that part which constitutes the essence, the rationale, the fundamental right which, if disrupted, it denatures and does useless. Also pointed out that the reading of such rights reveals that the Panamanian society freedom, equality before the law, prohibition of discrimination and establishing privileges advocated on grounds of race, birth, disability, social class, sex, religion or political views, inviolability of the home and private communications , etc. Criminal law is, on one hand, as the Court points out the instrument under which criminal law, is, the vehicle that makes feasible the imposition of a penalty when you have met the requirements of rules is made criminal and criminal law, and the other is a guarantee through which state power is limited, to be punishable under any pretense of compliance with due process and respect for the guarantees and fundamental rights of the accused. The bodies such as the Armed Forces or National Police are institutions that contribute to the protection of fundamental rights. The Law, the legal rules governing the exercise of their functions, including the

National Police or Security Forces is obliged to follow legal protocol rigorously regulating the use of force bearing in mind that it has to be used with caution, when strictly necessary, rationally and in proportion of the circumstances, because it can affect and restrict fundamental rights and guarantees. Consequently, the use of force in a democratic constitutional state of law, is subject to strict canon of prudence and necessity, so that isn’t conceivable flexibility to those who are authorized to exercise force when strictly necessary, rationally and proportionately to the circumstances, set a discretion incompatible with such demands . Therefore privileges not fit in the use of force, as they may lead to arbitrariness. And the constitutional and democratic state doesn’t condone or communes with arbitrariness. Articles 2140 and 2152 of Judicial Code provide, respectively where appropriate custody and the formalities to be fulfilled to be able to order an arrest. Additional Article 2126 of that code provided in the second paragraph that “no one shall be subjected to precautionary measures if there is no significant evidence of responsibility against him. In light of these provisions, the conditions justifying preventive detention are: 1. The offense must have a minimum sentence of four years. 2. There is evidence proving the offense charged and linkage.

ty or punitive latter is associated with the first, authorize the limited exercise of force. In the first case of Article 1 declared unconstitutional what is being said is that “when members of the security forces use force while on duty, may not be arrested or suspended from office.” Being of service isn’t sufficient for members of security forces who have used force, have the privilege of being arrested or suspended from office, when an alleged crime committed and attend legal conditions justifying precautionary measures. In the second case, the aim is that members of the security forces, defendants, accused, charged or prosecuted for an offense related to the use of force and executed on duty couldn’t be arrested or suspended until complete the process of an enforceable judgment. Note that the provision doesn’t relate to the performance of a legal duty, but the duty. Experience has shown that some courts jurisdictional operators understood that members of the security forces can’t stop or suspend them if they have made use of force, understanding that, as we have seen, is incompatible with the values and principles Constitution that were above, so in order to safeguard and defend the Constitution it is advisable to declare unconstitutional all precept. REASONED VOTE OF JUSTICE HARRY DÍAZ

Judge Harry Diaz found in his reasoned vote that was due 3. There should be possibility of leakage or inat- expressly indicate that the declaration of unconstitutionatention to the process or risk of destruction of evi- lity of a rule which repealed earlier provisions, brings as dence or the accused might adversely affect the a consequence, these provisions shall recover its validity. life or health of another person or against himself. “This phenomenon as the revival of a law repealed” There4. Concur that although the above requirements isn’t fore the wording of Article 127 of Law 18 of 1997 stay with automatic detention, may be declared only when his previous writing, as follows: “When by reason of the all other precautionary measures prove inadequate. use of force, there is legal merit the custody of a member of National Police for the alleged commission of an offense 5. Exceptionally, it may order even if the minimum penalty executed in acts of service or performance of duty, the temof the offense charged is less than four years, when the ac- porary suspension of public office shall not be decreed that cused is a person who hasn’t fixed residence in the territory plays while a conviction is enacted and this is communicaand where it appears to the competent authority of life or ted to the appointing authority by the competent court. “ personal integrity is reasonably threatened a third person. OBSERVATIONS OF THE COLUMNIST: 6. Must be issued by competent authority duly reasoned diligence. 1. BASIC POLICE PROCEDURE MANUAL In this regard the Court stated that the power in all its manifestations, among which is the use of force should be limited and exercised rationally and proportionately. According to the constitutional basis that the State of Panama there are no absolute power rests. Hence the claim or the Panamanian government to protect socie16. Legislación y Economía - Diciembre 2013

Importantly, according to Police Procedure Manual approved in 2008, members of the National Police have the following prohibitions: 1. Hold for more than 24 hours a person detained without being brought before the competent authority.

2. Retain or detain a person for transfer to a police faci- lower controls to officers, or taking advantage of the position lity and then release without being checked your record to overpower and disrespect to other citizens. It is an undethrough the Office of DNIIP in lace with the PTJ now (DIJ) niable fact that the members of the National Police should not have special treatment when they become involved in 3. Log in (or residential properties) addresses of the people some type of criminal investigation from the performance without their consent or a warrant, except in the case of of a legal duty. What it is necessary to guarantee the integrity and honor will be made once the charges against him. relief to victims of crimes or disasters. The truth is that once these young recruits graduate, must have the full conviction that his duty is to serve the public, the uniform shouldn’t be an element of repression but of 5. Prevent apprehended communicate with family or trust and respect. The Constitution is clear in stating that there will be no exemptions or privileges and also all citilawyers. zens are equal before the law So we agreed on the uncons6. Participate in procedures and/or arrests have personal titutionality of Article 1 of Law No. 74. However, we are concerned that is so far the Court had the decency to isinterest. sue such an important and momentous decision that has staked fundamental guarantees involving serious violations 7. Filiation and photo shooting to minors. of human rights of these third parties. This indicates that 8. Arrest a person simply by pointing or written complaint only a democratic state, a right is not exclusive of the other, in this case should be taken to the guard room to be verified on the contrary, everyone should coexist harmoniously and can only be limited for reasons clearly stated in the legal 9. Use deadly force in a person who has shown no active rules, and limited even by the state itself and institutions created for this purpose. What must prevail is the respect resistance, no matter how serious the offense for human rights, including equality between partners. L&E 4. Verbally or physically mistreating citizens, especially if are detained or handcuffed.

10. Refer to people when exercising its functions reckless despot or swearing, profanity or denoting overconfidence. 2. OUR CONSIDERATIONS Social media reviews are just a reflection of what is happening within the organization as Security Agency since recruitment to display the same behavior in the exercise of their functions. The issue about benefits or guarantees or should not be members of the National Police, is complex and open various channels for discussion about the feasibility or otherwise of these prerogatives. To give an example, in principle to be a member of National Police requires compliance with certain requirements as to be of age, have no tattoos, a psychological evaluation, not have ear piercings, boarding pass, etc. Regarding the Institutional Protection Service (SPI), requirements are less and forms to belong to this “elite” security group, simply fill out a form delivered to the bus stops. From my point of view, problem starts with recruitment, requirements should be more stringent, precisely to prevent the soldiers from falling into the networks of organized crime and drug trafficking, and lately have been involved from the 17. Legislación y Economía - Diciembre 2013



y judgment of 23 December 2013, Third Chamber of Supreme Court of Justice of the Republic of Panama made a statement relating to the Complaint for Annulment of Administrative filed by ARÍSTIDES FIGUEROA, on behalf of CONSTANTINO GONZALEZ RODRIGUEZ, for that is declared void, illegal, Resolution No. AG-0072-2009 of February 3, 2009 issued by Minister on matters related to Environmental Conservation and General Manager of the National Environmental Authority.

DEMAND Through Resolution No. AG-0072-2009 of 3 February 2009, the National Environmental Authority (ANAM) hereby declare protected area to PANAMA BAY WETLAND with the overall goal of preserving and protecting existing ecosystems, promoting rational use of natural resources to maintain ecological and evolutionary processes, gene flow and diversity of flora and fauna. However, CONSTANTINO GONZALEZ RODRIGUEZ, through its Legal Attorney, submitted to the Third Chamber of the Supreme Court of Justice formally CONTENTIOUS ADMINISTRATIVE REVOCATION DEMAND, for the nullification of Resolution AG-0072-2009 is declared WITH 3 FEBRUARY 2009. The College Board by resolution of April 27, 2012, INTERIM SUSPENSION ORDER the effects of Resolution AG0072-2009 of 3 February 2009, using as legal basis Article 24 and Article 25 of Law No. 6 2002, because this action can affect the rights and interests considering that use of the land of people with land titles and ownership rights that are within the boundaries of what constitutes the protec18. Legislación y Economía - Diciembre 2013

ted area, implies the possible involvement of the interests and rights of a particular group. Subsequently, in May 2012 the said DEMAND CONTENTIOUS ADMINISTRATIVE REVOCATION supported and a copy thereof is sent to the National Environmental Authority (ANAM) to render a report explaining behavior. In this regard, the ANAM compiles a technical and legal count and summary of the dossier referred to as “administrative record of creating protected area”, which makes the proviso “that the public consultations and the existence of technical reports weren’t performed, by Management of protected Areas and Wildlife to substantiate the need for this protected area. “

THIRD PARTY INTERVENTION Within this administrative litigation petition for annulment have appeared to the process as third parties: Marviva, Audubon Society of Panama, Environmental Advocacy Center (CIAM), as well as the Association of Trial Panama Attorneys (AALPA) Foundation Lawyer Firm Rivera, Bolívar and Castañedas and Democratic Revolutionary Party (PRD). As stated by the Board, third in its opposition to the libel claim, contradict the arguments outlined and the right claimed by the plaintiff and denied the claims requested.

DISCLAIMERS OF ATTORNEY ADMINISTRATION Regarding the resolution ordering the admission of the claim of invalidity, the Solicitor General in Vista No. 384 of August 3, 2012, rejected arguments presented by the plaintiff and requested that the Board declare that it is legal to

Resolution No. AG-0072-2009 of 3 February 2009, in response to “to proceed to the formal declaration of a natural area as a protected area, you need not convene citizen participation, then, in addition to not affect the interests and rights of the community and it is a measure that serves a constitutional mandate, is a decision that finds support in studies, plans, projects already carried out on the area, and support the need to establish it as such, in pursuit of interest public and for the benefit of present and future generations.

of the population, resulting from the State’s duty to provide a healthy environment, free from contamination and suitable for sustainable human development. As for legality, the Board discussed the development of constitutional principles in environmental standards contained in:

After assorted procedural stages, the Board, under the presentation of Judge Victor Benavides, and with the approval of the judges and Luis Ramon Fabrega and Hernán De León, proceeds to solve demand in the background, after the following considerations:

- The Gulf of Montijo Wetland - Veraguas Province - annexed in1990; - The San San Pond Sak Wetland - Bocas del Toro - annexed in 1993; - Wetland Punta Patiño - Darien Province - annexed in 1993 and - Wetland Damani-Guariviara - Comarca Ngabe-Bugle annexed in 2010.

- Law No. 41 of July 1, 1998, General Environmental Law, renewed the importance of legitimizing those affected by damage to the environment; - Decree No. 2339 of June 14, 2012 issued by the Mayor Panama prohibits the use of the Panama Bay Wetland; LIFTING OF PROVISIONAL SUS- of - Law No. 5 of 2005, Penal Code, included in Title XVIII PENSION MEASURE of Book II “Crimes against the Environment.” The decision provides for the existence of institutions (courts and By Resolution of April 4, 2013, the Third Chamber of the prosecutors specialized in Environmental Matters, incluSupreme Court approved the request to lift the provisio- ding the Third Chamber of Administrative own), for the nal suspension measure the effects of Resolution AG- prosecution of environmental crimes and misdemeanors. 0072-2009 of February 11, 2009 issued by the Minister on Issues Related to Environmental Conservation and Ge- It also warns that the Republic of Panama abides by neral Manager of the National Environmental Authority. the rules of international law, namely the Convention on Wetlands of International Importance Especially as Waterfowl Habitat Convention, signed in 1971 in the PHASE OF ALLEGATIONS city of Ramsar, Iran, known as the Ramsar Convention (law 6 of January 3, 1989), is mandatory for the counBoth the plaintiff and third parties have exercised the right try and therefore for the Administration and managed. of argument, they referred to in Article 61 of Law No. 135 of 1943, replicating its position from its interventions are 2. The question about the Panama Bay Wetland formalized in this process, in the sense reiterate his declaration of illegality Resolution No. AG-0072-2009 and deThe Chamber conceptualized the term wetland under the clare the legal meaning of the contested act respectively. precept of the Ramsar Convention. Similarly, a study elaborates on the existence of other Wetlands recognized as COURT DECISION Ramsar sites, located in the Republic of Panama, being:

1. Constitutional and Legal Framework of Environmental Protection: The Third Chamber of the Court noted that the mean-Environmental Legal Protection originates in our Constitution, Title III entitled “Rights and Duties Individual and Social” specifically Chapter 7°, Articles 118 to 121 on the Ecological Regime Republic of Panama. It is noted that the Panamanian Constitution is one of the first in Latin America to raise constitutional, environmental concern, incorporating constitutional principles on fuzzy picture 19. Legislación y Economía - Diciembre 2013

This ruling addresses the issue of the Ramsar Convention: formation, mission, wise use, conservation and wetland resources. It also sets out the conditions to be met by the State to enter the list of Wetlands International Importance (Ramsar List-site), namely: “1. If is a particularly representative of the region in which it is located type.

2. Considering the flora and fauna, in any of the following cases: a) If it has a significant number of species or subspecies of plants or rare, vulnerable or dying animals, or a significant number of individuals of one or more of these species. b) If have a particular value for maintaining the genetic and ecological diversity of a region because of the richness and originality of its flora and its fauna. c) If have a special value as the habitat of plants or animals at a critical stage in their life cycle. d) If have a particular value for their species or endemic plant and animal communities. 3. In response specifically to waterfowl zone should be considered internationally important: a) If routinely houses 20,000 waterfowl. b) If regularly hosts a significant number of individuals belonging to particular groups of waterfowl and indicators of values, productivity or diversity of the wetland. c) If, in case you have population data, usually holds 1% of the individuals in a population of one species or subspecies of waterbirds.� 3. Examination of the Legality of the adduced Standards: Principle of Participation and Non-Regression Principle Environmental The decision includes the review and analysis of legal norms that have been considered plaintiff infringed. L&E

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In November 18, 1903 the Panama Canal Treaties were signed between United States of America and the fledgling Republic of Panama, the latter represented in this act, but not by a Panamanian by the French Phillipe Bunau Varilla. The agreement was quickly ratified by the Provisional Governing by Decree # 24 of December 2, 1903. The circumstances of the moment, even the very existence of the new republic, leading to the recognition of what was signed and from that moment one north is marked in the hearts and minds of all Panamanians, who for generations kept alive the unwavering desire to review and repeal the onerous treaty to consider the interests of the country and above all to eliminate the harmful effect clause in perpetuity. For many decades the relations between the two countries were generally friendly, although sometimes were neither friendly or cordial, the latter, among other reasons, by the arbitrary interpretations of the Isthmian canal treated by the authorities of the Canal Zone and the U.S. government itself and by the occasional presence of the Marines in the territory of the isthmus, which led to clashes with Panamanians. The history of our small republic as recorded incidents occurred in September 1908 between the Marines from Buffalo ship and national Panamanian that brought corollary death of an American and another wounded. This conflict led to the colossus of the north to the Panamanian government to demand compensation and, under pressure from the U.S. government, Panama was constrained to make an arrangement. Another clash between U.S. Marines and members of the Panamanian National Police occurred on 21. Legislación y Economía - Diciembre 2013


July 4, 1912 in a suburb called disreputable Cocoa Grove, whose scuffle resulted in a U.S. dead and 19 wounded. Also in 1912, on July 15, units of the Panamanian police attacked a group of drunken American soldiers, which meant that the Panamanian government to pay compensation to the U.S. government in October 1917. Our history books tell us about other engagements of a similar nature, which occurred on 23 January 1913 and May 1914. Also, on the night of February 13, 1915, during the carnival, when it became clear that U.S. Marines were worse offenders than victims. Also on April 2, 1915, in the terminal cities of Colon and Panama, generating tensions between the two states. Another shock, but otherwise, came up with the so-called ‘Inquilinary Movement’ in October 1925, when U.S. troops, at the request of the Panamanian government, occupied Panama City with the aim of maintaining public order, resulting in this action dead , injuries and arrests. During the various Panamanian government, some more, some less, in one way or another, remained and became tradition revisionist stance 1903 treaty and relations between the two nations, which sought United States of America correcting the injustices existing and unilateral interpretations, always complaining because the U.S. government discrimination against Panamanians, exhorting take solid foundation relations diplomatic understandings and mutual respect. Thus, the Panamanian people pushed for the December 22, 1947 the National Assembly unanimously rejected signing the agreement Filos-Hines on October 10, 1947 on defense sites

or bases agreement represented disadvantages for Panama. in order not having to fly the Panamanian flag next to her. On January 3, 1964 guidelines Governor of the Canal Zone In their search for the Republic of Panama to an agree- are flouted in the canal territory when the infamous Zonian ment fair and equitable advances timidly toward that goal police Carlton Bell, raised the American flag without being at the conclusion of the treaty of mutual understanding accompanied by Panama at the monument to the heroes of and known cooperation as a treaty Remon-Eisenhower, war in Gamboa, a civilian site. Four days later, on January which was ratified on March 15, 1955, after the death its 7, American high school students from Balboa challenge manager, the President Remon, in January of that year. their authorities and hoisted his flag in front of their school, without accompanying Panama. The next day, January 8, Unfortunately, this treaty also failed eliminating offen- the Public Council , composed of U.S. residents of the Canal sive and onerous conditions for national sentiment. Zone, unanimously support the performance of students The May 2, 1958, some brave students of the University and Zonian oppose comply with the order of the Governor. of Panama made the call Operation “Sovereignty”, which consisted of placing peacefully Panamanian flags, sin- That arrogant attitude and outdated anachronistic privileging the national anthem at various points in the Canal ged caste, in flagrant violation of the existing agreement is Zone, the area under control of the U.S. government. This heard by students of the National Institute of Panama. A initiative received wide acceptance in national opinion. group of about 200 students from the National Institute enter the Canal Zone, visit the Zonian authorities and obtaiOn November 3, 1959, some renowned Panamanian citi- ned permission to sing the national anthem of Panama and zens, including university and secondary school teachers raise the Panamanian flag next to the American in front and students, in a patriotic gesture, toured the streets of of Balboa High School. The schoolteachers reach an agreethe territory of Canal Zone peacefully without difficul- ment for a delegation of five students arrive to school on ties of any nature, flying the Panamanian flag. Later that Balboa and fulfill the mission for which they have received day, young Panamanians also hoisted the national flag in authorization. At school students waited about two thouthe Canal Zone, but they were evicted by the “Zonian” sand zonians students and parents, those who boo first and police, causing a scuffle between the two factions that then pounce on them, trying to snatch the Panamanian had as outcome 64 Panamanians wounded and five pri- flag and not do the tear and get trampled. In defending the soners in the Zonian police barracks and approximately schoolteachers, the Zonian police repels by beating them. 45 police officers and wounded American firefighters. Immediately the news spread along the boundary line, and As a result of these events, Panamanians insisted that they students, outraged by the insult to the national emblem, recognize a number of demands on the Canal Zone, bet- throw stones at Zonian. The reaction was swift. Thousands ween them should fly the Panamanian flag next to the U.S. of Panamanian students and civilians carrying some Pain that territory. After these tragic events and diplomatic namanian flags target the areas bordering the Canal area, protests against the Panamanian government, in Septem- and given the large number of angry Panamanians, Zonian ber 1960, near the end of the administration of U.S. Pre- police ask for help to the U.S. Army stationed in the Casident Dwight D. Eisenhower, authorized the Panama- nal Zone. The disproportionate confrontation in favor of nian flag was hoisted it in conjunction with the U.S. in the U.S. Army starts, and as the number of injuries and fathe Shaler Triangle in Balboa. More than two years later, talities, the President of the Republic of Panama, Roberto on January 7, 1963, both governments appointed a nego- Francisco Chiari, requested the military authorities of the tiating committee to discuss the issue. Subsequently, the Canal Zone to cease killing Panamanians. Your request is Governor of the Panama Canal Zone, reported that they not served. Panamanian President then announced that would hoist the Panamanian flag next to the U.S. in the en- the Republic of Panama breaks ties with the United States. tire territory of the Canal Zone, except military areas and on ships crossing the Panama Canal . The December 30, The conflagration continued for a few days and extends 1963, the Governor of the Canal Zone reported that the to the Province of Colon, where students and new shocks Panamanian flag would be hoisted with the American flag Panamanian nationals against U.S. troops begin. The inin parts of the Canal Zone from January 1, 1964, adding dignation of the people was so great that encompassed all that the American flag would not be hoisted on schools Panamanians without distinction of any kind, which meant run by the government of the Canal Zone, the perception that local businesses and Americans out of the channel, was that they preferred not to fly the U.S. flag in schools which were in the city were burned and resident Ameri22. Legislación y Economía - Diciembre 2013

cans in the city of Panama left their homes to be evacuated. Official final result of the bloody confrontation was 21 Panamanians and an average of four Americans killed in Panama and Colon and individual students and about 500 injured, many of whom were disabled as a result of their injuries. Unjustified U.S. aggression the defenseless people of Panama was internationally repudiated, and further deepened patriotism Panamanians and also opened diplomatic path to find a fairer treaty. Undoubtedly, these tragic events paved the way towards eliminating the perpetuity clause of the original treaty. Although imperfectly by the treaty of neutrality Panama signed as part of the Canal Treaty of 1977, the Panamanian territory reverted to Panama, the U.S. military bases were closed, the Isthmian Canal is operated and managed by Panamanians, and thereafter exercise our sovereignty over the entire national territory. 50 years after the events that concern us on January 9, 2014 met, the country once again remember with sorrow the loss of these young lives promise that safeguarded the honor of the Fatherland. The true heroes and patriots, they were the feisty youth who bravely faced the fire of a national army with courage and dignity, who joined a village to address the unequal struggle against the most powerful nation in the world, and left us a legacy a sovereign country. Their sacrifice will never be forgotten as the historical significance of these events is emblematic of the identity of our nation. L&E

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COMMENT ON CONSUMER PRICE INDEX NATIONAL URBAN: NOVEMBER 2013 Source: General Controllership of the Republic of Panama


he Consumer Price Index (CPI) in November, compared with October 2013, showed an increase of 0.1 percent in both the National Urban and for the districts of Panama and San Miguelito, while for the Other Urban recorded a decrease of 0.1 percent. Compared with November 2012, an increase of 3.8 percent for the National Urban districts of Panama and San Miguelito and Other Urban was observed. So far this year, the National Urban CPI showed a cumulative increase of 3.5 percent. The divisions showed increases in the National Urban CPI for November regarding October 2013, were as follows: Health with 0.2 percent, the increase in price of health insurance and hospitalization, Food and Drink and Furniture Team home and routine maintenance of house, both with 0.1 percent, driven by higher prices of food outside home and ironing service, laundry, respectively.

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However, increases in the CPI were partially offset by the following divisions: Housing, water, electricity and gas 0.1 percent, decline in the price of picture; Clothing and footwear and transport 0.2 percent, caused by decreasing prices in men’s shoes and gasoline in the usual order. Divisions of Recreation, entertainment and cultural services, education and various goods and services showed no variations. Comparing the National Urban CPI for November 2013, with equivalent of 2012, an increase of 3.8 percent, driven by the following divisions observes, Food and beverages 5.1 percent, health 5.0 percent, 5.2 percent tuition Furniture , household equipment and routine maintenance of house with 3.3 percent; Clothing and footwear 3.2 percent; Housing, water, electricity and gas and various goods and services both with 3.1 percent; Leisure, entertainment and culture services 2.8 percent , Transportation 1.7 percent. L&E



Source: América Economía


he Canal is renewed, the country goes: Panama City (5th) beat Buenos Aires (6th) and Rio de Janeiro (7th), driven by its strategic geographical location. Today is the free trade area with the second highest volume of trade, after Hong Kong. And as an international banking center, direct foreign investment reached $ 3,000 million in the past two years. All this meant that its economy grew 10.7% in 2012, rising two places in the ranking.

This Mexican city, despite the scene of violence that is imposed as an image, it also saves the other stories, innovation. Earocluster like, an idea supported by the state government of Nuevo Leon, which exemplifies the public, private and university collaboration to develop a complex industry: aerospace. Through the Technological Institute of Monterrey, Earocluster looking for this Mexican industry professionals to innovate in engineering, increasing the supply of aircraft components for the North American market.

Good omens, prior to the reopening of the Panama Canal in 2014. In the 2013 listing is no surprise that Miami is again the best city to do business. Good international appreciation of its economy, its social framework of peace and political and business infrastructure maintain their hierarchy. Nor have changes São Paulo in second place, third place in Santiago and Mexico City in the fourth, which remain prominent. New in the América Economía Ranking cities are betting greatness of other cities in the region. Especially cities located between the 14th and the 33rd, like Monterrey, Medellin and Porto Alegre. Stand out as centers of specialized investment systemically have opted for innovation, and distinctive competitive advantages. Although ups and downs in the rankings, highlight the bet on the future, especially in macroeconomic management.

Another example of innovation is Medellin (20th). Through its plan CTI (Science, Technology and Innovation) aims to reach by 2021 as a “city of knowledge”. For this, their focus is “to foster, promote and coordinate policies supporting research and scientific, technological and innovation development” in the words of John David Valderrama, executive director of the Agency for Cooperation and Investment of Medellin (ACI- Medellín) . The commitment includes promoting the creation and improvement of human resources. To this already have 5,000 scholarships related to science, technology and innovation and English.

Monterrey is the case (14th), in northern Mexico: include metalworking industries, appliance, automotive and IT, with good results regarding the best performances of the Mexican and U.S. economies, the main destination of export. This relationship between the two countries allows Monterrey count subsidiaries of companies like Siemens, Toyota, LG Electronics or Johnson & Johnson, and 10 of the 20 largest companies in Mexico, according to the Ministry of Economy of Mexico.

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Barranquilla (33th) is another example of improvement: rose two places in the ranking of American Economy. Located in the Colombian Atlantic, their progress is due to a plan to improve their land and port infrastructure, as well as a plan of human talent. The latter is done by the State Committee and Business University curricula linked to job relevance studies offered by the city. Cities are looking to increase their competitiveness through knowledge. The results we will see in our next rankings. The dice are thrown. L&E



Fuente: Web Telemetro

Grupo tractor Set of gram,

ext August 15, 2014, the Panama Canal almost a hundred years of serving the international trade and within this celebration ambitious Canal expansion, which will nearly triple the capacity of waterway is located. Unidos por el Canal, S.A. (GUPC) is the confor the design and construction of the Third Locks Project main Canal Expansion Proled by the Spanish Sacyr Vallehermoso.

The GUPC was awarded the expansion project, which began in 2007, for a total value of 5.250 million, while the contract for the construction of the new locks was worth about U.S. $ 3.118 million, billion less than the nearest other bidder. According to information provided in the Canal expansion program work 11,314 people, of which 7,506 are GUPC employees and 3,808 are outsourced, according to news data. In recent days much has questioned the financial capability GUPC, which states that the consortium would owe up to $ 150 million to contractors and subcontractors involved in the expansion of the waterway. The international impact of the expansion of the Canal, and began to feel, with millions of dollars in investments in dozens of ports that operated out of the Postpanamax vessels with a capacity of up to 12,600 containers. Within this context, it has to GUP submitted claims between Panama Canal Authority and the company for additional costs that exceed 1,300 billion according to data adds to the delay in completion of the work, which would delivered in June 2015 and not October 2014, as stipulated in the contract signed by the ACP and GUPC. Faced with these facts GUPC said in a statement that the main objective of the company is to complete the work of expansion of the waterway in the corresponding period for the international market and Panama use their new set of locks. They add that they have complied with the schedule submitted to the Authority of the Panama Canal (ACP) getting work already has more than 64% complete by the rumors about alleged pressure to recover the additional costs and refused, saying “all claims have

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been completed using the facilities of the contract. “ Meanwhile Jorge Quijano, ACP Administrator, said that the Panama Canal Authority, have the ability to take control of the construction of the third set of locks, if the contractor Grupo Unidos por el Canal (GUPC) decrease the rate of progress or halt the development of the work. Quijano also said he refused to negotiate with the GUPC any cost adjustment out of contract “because you can lose the warranty performance bond”, which adds $600 million by an insurer. The manager said the ACP would be the first to agree to make the additional payments that are justified and submitted by regulatory pathways, but said that is only manageable costs increased from 5% to 10%. However he said that GUPC will trust the “wisdom” to continue the work and respect the established channels for making complaints, Quijano said that ACP has “the right to practice and enable corrective mechanisms to complete the project.” In this regard the President of the Chamber of Commerce, Industries and Agriculture of Panama emphasized that the project must prevail as provided in the Contract and that any conflict should be resolved as media dispute resolution agreed by the contracting parties. The president of the Chamber of Commerce Industries and Agriculture of Panama stated that “We encourage all providers to meet the needs of this work by the importance for the international community and the State of Panama, and that transparency and healthy proceed of authorities of the Panama Canal, is widely known.” L&E


From the Expansion Observation Center in Colon, the audience is witness to history and the next 100 years the Canal while watching the construction of the new locks in the oinciding with the countdown to its cenAtlantic as part of the expansion of the waterway, one of tennial, the Panama Canal stands as the largest infrastructure projects in the early 21st century. one of the top destinations for 2014. CNN international chain included the PaAmid the tropical forest and located in a privileged 50 nama Canal on its list of “11 places to vimeters above the Panama Canal site, visitors have two sit in 2014.” The waterway is second major destinaviews of the waterway: first Gatun Lake, and on the tion for next year, after the FIFA World Cup in Brazil. other, the construction of the new locks in foreground. Fuente: ACP


As part of the celebration of its centennial, the Canal of Panama During visit to the center, public discovers the rich biodioffers its visitors several ways to discover this marvel of engiversity of Panama to explore its ecological path, and knows neering experience and live in the countdown to the August also about the canal expansion with the screening of a do15, 2014, when he met 100 years the opening of the waterway. cumentary. Other facilities include a restaurant with a view over Lake Gatun, a café, a children’s area and a souvenir shop.

Miraflores Visitor Center Located in the Miraflores Locks Visitor from here know the history, the present and the future of the track, which beyond connecting the Atlantic and Pacific oceans, joining the world wears a century.

Gatun Visitor Center

Only a few kilometers from Observation Center Expansion, the Panama Canal has in the Atlantic with the Gatun Visitor Center, the largest complex of waterway locks. Its observation deck immerses guests in the middle of the action of the transit of all kinds of vessels, from cruise ships Visitors are offered a new roof to enjoy a panora- to container as well as singular sailing to give adventurers mic view of the transit of ships through the Pana- around the world. Here visitors have a souvenir to take a ma Canal terrace. The center has a theater that pre- gift from your visit to the Panama Canal on its centennial. sents a 3D movie four showrooms, two cafeterias, a L&E souvenir shop and a restaurant overlooking the locks.

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he ILO reported today that unemployment has a low historical rate of 6.3% in Latin America and the Caribbean in 2013, although the labor situation is “worrisome” because the lack of economic dynamism has impacted labor market. The progress that has been recorded in the labor markets of the region during the last decade seems to have stalled and therefore need to redouble efforts to avoid having setbacks, highlights the ILO in its annual report 2013 Labor Overview. “The labor market isn’t negative, but it is worrying,” said ILO Regional Director for Latin America and the Caribbean, Elizabeth Tinoco, during presentation of the report in the Peruvian capital. “The region runs the risk of losing the opportunity to advance the creation of more and better jobs.” “The wages grow less than in previous years, informality isn’t reduced, productivity is increasing below the world average, and increased youth unemployment in urban areas,” said Tinoco. The Labor Overview this year says average urban unemployment rate for the region recorded a new low of 6.4% to 6.3% in a context of slowing economic growth. If the situation of modest growth rate extending to 2014, when according to forecasts could reach 3.1% or 3.2%, unemployment would remain at 6.3% next year.

However, added, we must continue to seek opportunities for behind the low percentage rate of 2013 there are people, in this case 14.8 million women and men seeking employment without success. The report warns that if region hopes to keep the unemployment rate below 7%, you must create at least 43.5 million new jobs through 2023. The Labor Overview 2013 also highlights that while unemployment has dropped, it is still necessary to improve quality of jobs. There are at least 130 million people who are employed but working in conditions of informality. The rate of non-agricultural informal sector hasn’t decreased and remains at 47.7%. To lose 5 percentage points, to 42.8%, the region should grow an average of 3.4% over next decade and 84% of new jobs that are created should be formal. With regard to wages, emphasizes that growth has dropped who had experienced previous year. Average wages increased 1% on average in the third quarter of 2013, down from 2.6% last year.

The minimum wage increased 2.6% in 2013, down from 6.9% in 2012, according to the available data for third quarter. The report also notes that there are at least 6.6 million unemployed youth. The youth unemployment rate in urban areas even experienced a slight increaThe slight decline in the rate of urban unemploy- se in regional average rising from 14.2% to 14.5%. ment wasn’t caused by an increase in the employment rate, which remained the same as last year at 55.7%, and rather was driven by a slight decline in the parti- “The difficult working conditions of young people must cipation rate the labor market from 59.6% to 59.5%. be addressed with policies that are specifically desigTinoco said that “low unemployment is always good news.” ned to produce more and better jobs, and enable them to aspire to a decent future,” said ILO Regional Director. The 2013 rate is the lowest since it began publishing this ILO It also emphasized that the participation rate of report 20 years ago, and is well below the 11.2% reached in 2003. women increased slightly for first time and reached 50% in the regional average. But way to 28. Legislación y Economía - Diciembre 2013

go on gender equality as there are still disadvantages compared to men, whose participation rate is 71.1%. More than half of unemployed in the region are women, 7.7 million compared to 7.1 million men. “The labor situation is challenging. Further efforts are needed to improve the quantity and quality of jobs. Employment is a key component of growth for domestic market strengthens and creates an environment conducive for productive development environment,” Tinoco said. She argued that it’s necessary to implement strategies that respond to the needs and specificities of each country.

Among other measures, the ILO recommends: • Create an enabling environment for sustainable enterprises that produce formal employment environment. • Strengthen labor institutions and social dialogue. • Design and implement timely active labor market policies. • Improve education and training for work. • To promote the formalization of both firms and labor relations. • Apply policies aimed at increasing productivity. “We can’t forget that employment is an essential tool for wealth redistribution and social clusion, fight against poverty and inequality tool,” stated the Regional Director of the ILO.

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tating that corruption is “public enemy number one” of developing countries, Jim Yong Kim, president of the World Bank Group, today described how the Bank Group is stepping up its fight against corruption and urged the partners and the private sector in the developing world are part of the solution. “In the developing world, corruption is public enemy number one,” Kim said, when you speak in a meeting conducted by the Integrity Vice Presidency, World Bank Sector dedicated to research and fight against corruption. “Never tolerate corruption and promise to do everything in our power to underpin our energetic struggle in this regard,” he added. Kim shared the dais with former World Bank President, James D. Wolfensohn, former president of the Federal Reserve of the United States, Paul Volcker, the president of Transparency International Huguette Labelle, and Philippine Finance Secretary Cesar V. Purisima. Notably was the Wolfensohn himself who declared publicly in 1996 that corruption is a “cancer” in what was the first time a World Bank president to speak openly about it.

“First, we must improve the way we share and apply knowledge on the formation of institutions with greater integrity, secondly, we must give more power to the people through the information and tools to make their government more effective and accountable and, thirdly, we found a global movement to prevail on corruption.” Kim announced that the World Bank Group will create a team that will bring together technical specialists in state law, public sector, financial management and governance, and public procurement. He stated that this “global good practice on management” will become the main feature of future initiatives to combat corruption.

In order to demonstrate how progress can be made in the fight against corruption, Kim gave specific examples of how the World Bank and its partners have worked on the problem. “When corruption threatened to derail a proposed energy crucial for the countries of southern Africa, the World Bank intervened and prevented to be given to misuse more than $ 6 billion. In Afghanistan we supported the Network for Integrity in Reconstruction, an instiKim described the harmful effects that corruption can tution that provided training to 980 people monitored have on developing countries. “Every dollar that a co- 281 infrastructure projects worth U.S. $ 247 million. “ rrupt official or a corrupt company takes to their pockets is a dollar that robs a pregnant woman who needs medi- In addition to government action against corruption, Kim urcal care, a child or children who deserve an education, or ged other partners to join the fight, including the private sector. communities that need water, roads and schools. Every doL&E llar is vital if we are to achieve our goals to eradicate extreme poverty by 2030 and promote shared prosperity. “ An important step to fight corruption and help more people to have a better life is to build institutions with greater integrity, said Kim, who described the three key elements of the approach of World Bank Group: 30. Legislación y Economía - Diciembre 2013



Source: CIAT he German Development Agency GIZ in collaboration with the Ministry of Finance and the Vice Ministry of Internal Administration and Systems Development Guatemala, held on 18 November in Antigua, Guatemala, a workshop on Environmental Accounting and Environmental Fiscal Reform, starting Guatemala experience, which is one of the first countries in Latin America that has implemented.

of this on the economy of a country. This translates into an essential element in determining how stable may be the economy and capacity needed to keep that economy. Furthermore, a representative of the World Bank, provided via online conference program Wealth Accounting and Valuation of Ecosystem Services - Waves, with resources for use in Latin America, as is the case of Peru and Costa Rica. The second day of the evening consisted of a talk called “Talk Show” and the “Fishbowl” method, through which participants and experts attending the main topic discussed, based on experience, concluding that the environment Accounts are of utmost importance because they measure existing environmental assets, allowing knowledge as the economy invests in the environment, how they should protect natural resources, and what is the interaction between the environment and the economy of a specific region, or all the surface of a given country.

The workshop was attended by officials from international organizations like World Bank and Central American Institute for Fiscal Studies - ICEFI, and national institutions such as the Association for Research and Social Studies - ASIES, the Ministry of Planning and Programming of the Presidency - SEGEPLAN, the Ministry of Energy, Ministry of Environment, the Comptroller General of Guatemala, and other national institutions in Guatemala. For the Inter-American Center of Tax Administrations CIAT participated Mr. Joerg Wisner, current Chief of the Next, the researcher Jaime Luis Carrera, University Rafael German Mission at CIAT, and Ms. Miranda Zoraya, Tech- Landivar of Guatemala, spoke about the so-called Integranical Assistant to the Director of Tax Studies and Research. ted Environmental Accounting System, noting that its importance is reflected in the measurement of the economy The first day of the morning began with introductory through market prices and production costs. He stressed chapter on Environmental, by Mr. Dr. Martin Nowack, that one of the most comprehensive ways of seeing the partner GIZ Germany, who explained to GDP as an indi- economy, which isn’t integrated in the environmental accator for the growth of the national economy Accounts. counts is by natural capital depletion and environmental It was noted that so far no one talks about a green GDP degradation. Also said the look on the chain of impact, inthat contributes to the welfare of the companies think cidence and political action, ie, as they relate to products about the future of their children. If we consider only that cause the production results and what the public the traditional GDP, false conclusions can be drawn, not impact to society. The desired aim is to improve the relasuitable to the environment. In addition, he referred to tionship between economy and environment. Explained an existing project in India and Peru on environmental regarding the System of National Accounts - SNA Guaaccounts and a GIZ project under the group in Rio +20. temala, through which you can make an analysis of the economic activities and the environment, thus allowing to Another issue that stand out, is the “Environmental Foot- make a combination between accounts and environment. print”, which was presented by Mr. Alejandro Callejas of Mexico. Mr. Callejas explained the importance and impact 31. Legislación y Economía - Diciembre 2013

Additionally, he attended Dr. Leiner Vargas, Costa Rica exhibitor and former ECLAC consultant, who said his country took the following priorities: 1. The State’s decision on how much to spend for the environment (state budget); 2. Forecasts tax expenditure, including green exemptions and, 3. The prioritization of sectors, such as agriculture sector. He ended his presentation by pointing out that this country was decided by the carbon tax, in order to promote renewable energy. Also indicated that another priority sector is public transport, since 70% of the population uses public transportation. This implies that we must take action in favor of public transport. Undoubtedly, this subject, whose primary objective aimed at the implementation and execution of an environmental tax reform, benefit not only the conservation of the natural resources of a country, but in improving the quality of life of its inhabitants and generations future, was only the beginning of a long road. L&E

32. Legislación y Economía - Diciembre 2013



he need for indicators and information describing the state of quality of water resources in the country, the workshop participants considered celebrating the National Environmental Authority (ANAM) and Latin American Network of Knowledge Centres Resource Management water (RALCEA). Lineth Arcia, Director of Quality Protection Environmental ANAM, said “it’s vital exchange of experiences with representatives of several countries that analyze the situation of watersheds and generate knowledge about their state.” The official stressed the need for better management of water resources, “not only in quality but also in quantity.” A workshop on the Application of Environmental Indicators for Comprehensive Evaluation of Water Resource attended by representatives of various institutions that have responsibilities to water resources, researchers and experts from Guatemala, Honduras, Chile and Portugal, which this week will include the situation watersheds, water production, use and maintenance of quality levels. Claudia Galleguillos, Fundación Chile, associated with body RALCEA considered that this workshop will be the beginning of a cooperative initiative between Panama and centers of excellence for water resources that are part of the network. She stressed the importance of implementing environmental indicators for more accurate and comprehensive assessment of water resources. The work program includes three days of exposure and review of different experiences, a working trip at the mouth of the river and end Chame a plenary discussion of the results of the information exchange. On the first working day, Monday, Ana Raquel Tuñón, head of the Laboratory of Water Quality ANAM, spoke about the policy platform for the management of water resources in the country and on the programs promoted by the institution to ensure water quality. The ANAM has been linked from the outset to agreements, declarations and protocols on water use for sustainable development. And management platform 33. Legislación y Economía - Diciembre 2013

includes 24 programs working with 112 performance indicators, environmental indicators 20 and 81 series statistics. RALCEA aims to promote public policies based on the scientific and technical knowledge within the water sector. This plans to promote South-South cooperation to support the establishment of a regional network of Latin American knowledge. The duration of the project, which began in the second half of 2010, is four years. L&E



he share of Europe in world timber market declined in 2012 due to the economic downturn in the region, while North America and the Asia-Pacific region showed a rapid recovery in the same period, according to new data released today by FAO. The economic recovery in Europe, including the Russian Federation, slowed in 2012, timber production was reduced from 1 to 4 percent for most products compared to 2011. This trend is due to economic stagnation or recession in some countries in Western and Southern Europe in 2012. As a result, the demand for forest products has declined and European participation in the world market has fallen since 2011 an average of between 1-2 percent, depending on the product. Most stable markets in North America and Asia-Pacific While recovering from the recession in 2011, North America experienced a sharp increase in 2012 production of wood in roll and of serrated industrial wood (6 percent), while the production of wood panels increased by 2 percent compared to 2011. This was mainly due to the recovery of the housing market. At the same time, the pulp and paper industry continued to decline, reflecting the turnaround from print media to electronic media in recent years. The Asia-Pacific region continues to increase in importance as a producer and consumer of forest products, with China leading the way. Timber production in the region increased by 11 percent and boards by 6 percent compared with 2011. High demand for wood pellets Production of wood pellets has increased 10fold in last decade, mainly due to demand created by bioenergy policies and targets in Europe. The first data published so far on wood pellets, provided by FAO indicate that in 2012 the global pellet production reached 19 million tons, with about half of this total (9.3 million tonnes) sold internationally, compared to only 2 million tonnes a decade. Europe and North America account for nearly 34. Legislación y Economía - Diciembre 2013

all of the world production (66 and 31 percent respectively) and consumption of pellets (80 and 17 percent respectively). “Overall, the world market for wood products is on the road to recovery at different rates in different parts of the world,” said Eduardo Rojas-Briales, FAO Assistant Director-General at the head of the Forestry Department. “There are positive signs that the demand for wood products, especially those used in the bioenergy sector will grow over the next two years. Nevertheless, the magnitude and success of this recovery will ultimately depend on the health of the overall economy,” he added.   L&E



fter our disposal to qualify for World Cup to be held in Brazil in 2014, a number of important changes are coming in the National Soccer Team of Panama. Players who for many years as the Hawk Gómez, Luis Tejada, Pipe Baloy, Blas Perez, to name a few big names, by their seniority, no longer be part of a future process for the 2018 World Cup qualifier, so it will necessarily give way to a medley of younger players that seek to finally conquer our first qualification for being part of the 32 team contesting the World Cup.

had been in that position, now all members of the National Team tickets and would stay for the World Cup Brazil 2014.

It might be a bit hasty from and establish a long-term relationship with a Technical Director for the process towards the World 2018. Figure of an interim coach might be helpful, in case you later want to hire a coach who have recent experience in a tournament of this category (World 2014). The expectations that have been created with the National Team from Red Tide, through the media and all the paraphernalia that revolves around the To our fortune Panama has young players who have first participation of Panama in a World Cup claim that been forged at the national soccer and subsequently the appointment of a DT so that together with his team have been trying their luck with some teams overseas, doesn’t incur any improvisation, render accounts to the so we have people to go to relieving older. An equally Federation to the media and to a hobby that accompanies important challenge is to select the right person to di- Sele inside and outside the country in their sports fair. rect the destiny of the chosen. The Panamanian Soccer Federation has had approaches to technics Hernán No excuses of any kind. Panama and must be in a World Cup, Darío “The Bun” Gómez, José Eugenio “Cheche” Her- yet has not been achieved. The new DT takes office, that is their nandez and Eduardo Lara, as candidates for that office. primary mission. They have players with experience with the motivation and desire to attend the 2018 World Cup. There The early December caused a real surprise Pedro Cha- they finally do, because that country and the fans demand it. luja statements, president FEPAFUT when provided L&E statements to media, in the sense that the Federation hasn’t ruled Julio Dely Valdes to assume command of the National Soccer Team. Soccer is a sport that has cycles. From this perspective, Dely Valdés was against the national team came to an end when it failed in its objective to give the first qualification to the World Cup. The whole country witnessed the debacle of Panama to the United States, where we were 90 seconds to go to a playoff with New Zealand. In this same vein our soccer tragedy gave way to Mexico occupy that square and easily beat a 9-3 partial to New Zealand, which undoubtedly indicates that if Panama 35. Legislación y Economía - Diciembre 2013

Activities for the month of December: Mariela de Sanjur

Sweet Christmas 2013: The Cultural and Recreation Park Omar Torrijos held the ignition of the Christmas tree began in the city, organized by the Office of First Lady Martha Linares de Martinelli called Sweet Christmas 2013 program. The park will be decked until 6 January, with Christmas arrangements and lighting of all kinds. In this activity about five thousand toys and bags of food among low-income children were distributed. In turn daily cultural activities as was the Christmas Concert hosted by National Symphony Orchestra and Choir Musica Viva, presentations Pelao’s Salsa, Group Guitars and Araúz Violins among others. Sweet Christmas delivered during the month of Christmas gifts and food bags in addition Guna Yala Comarca in the provinces of Chiriquí, Herrera and Veraguas.

The Christmas Lights concert: The Embassy of the United States held in the Coastal Belt Lights Christmas Concert “Carols by Candlelight” which began with a parade of candles with the band of Colegio Moisés Castillo. Although entry to the concert it was free and open to the general public, funds were raised through donations, which will go to St. Thomas Hospital and Home Malambo..

Posadas in Panama: During December 14 to 22, were held in communities across the country traditional inns where adults and children enjoyed an atmosphere of love and camaraderie, but mostly prepared during this Advent with joy and prayer the coming of Jesus Christ. These organized by Father David Cosca that met on 21 December to hundreds of people in the coastal strip. 36. Legislación y Economía - Diciembre 2013

Donation Rivera, Bolívar and Castañedas: Every year the firm and its partners for several months donate a percentage of their wages and profits to raise funds and give the Epiphany, a smile to underprivileged children. The donation consists of toys, new clothes, baskets of candy and bags of dry food for their families later this year in a community of the District of Anton and for the third time in the company of Our Lady of Hope Church.

Activities for the month of January: Major fairs: • Fair of Flowers and Coffee to be held from 10 to 19 January in the District of Boquete, Chiriqui.

National Stadium game in which Metro will face Panama Chiriqui.

• Thousand Pollera Parade: on Saturday, January 11th held in the City of Tablas, Los Santos Province and will start at • Feria de San Sebastian Ocu from 15 to 20 January in Dis4:00 pm . To participate you can register from 9:00 am. trict Ocu, Herrera Province • International Fair in Chorrera: from January 22 in the District of Chorrera. • Fair Santa Fe de Veraguas: January 30 to February 2, in the District of Santa Fe, Veraguas.

Events: • National Youth Baseball Championship Caja de Ahorros Cup: Initiate in town on Friday January 3 at Rod Carew 37. Legislación y Economía - Diciembre 2013

• The Day After Festival: last from 10 to 12 January in Figali Plaza. • Discovery of the Pacific and the origins of globalization: temporary exhibition which takes place in Inter-Oceanic Canal Museum Panama until January 12, 2014. • 11th Panama Jazz Festival: will be held from 13 to 18 January at the Ateneo in City of Knowledge, Clayton at 8:00 pm. The festival is a benefit of the Danilo Perez Foundation and this year celebrates 100th anniversary of the Panama Canal.

• Snow White The Musical: Theater Circle on January 22.

grounds of the Church.

• Concert at Coronado Golf & Beach Resort: The National Youth Symphony Concert Association which will be presented on January 25 at 7:00 pm. Free and open to public.

• Chinese New Year: The January 31, 2014 begins the year 4712 according to the Chinese calendar is the year of the Horse.

• XXIII El Valle Musical Festival: January 25th at 8:00 pm at St. Joseph Church Valle de Anton, Cocle.

• Colorín Colorado, this story has begun: from 5 January to 23 February at the ABA Teathre.

• San Francisco of the Mountain Festival and Desserts Fair: the weekend of January 31 will be held in the

What children can do in vacations: • Musical Summer: Danilo Perez Foundation in the old town, to info@funda- information tel. 211-0272

• Label Courses by Cindy Pereira: • Swim Lessons - Kiwanis Sports City: or 317-0740 • Camp Panamanian Tennis Federation 2014: or 2325196 • Summer Course 2014. “Children and Youth Creativity” Ganexa/tel. 2239140 • Course Acting for Theatre - ABBA Theater tel. 260-6316. • Youth Summer USMA 2014: tel: 230-8246 • English Summer Camp: Technological University of Panama / Languages Centre tel . 560-3246/47 38. Legislación y Economía - Diciembre 2013

NUESTRO EQUIPO SOCIOS José Javier Rivera Irene Itzel Bolívar Cisneros Dayra A. Castañedas L. Javier Said Acuña R. César A. Rivera B.

ABOGADOS Pedro O. Bolívar C. Giovana del C. Miranda G. Maybe Mendieta G. Augusto C. García Lucila Rivas G. Karen Fábrega

Se prohíbe su reproducción total o parcial sin autorización escrita de Rivera, Bolívar y Castañedas

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

Magazine L&E December 2013  

L&E Magazine - December 2013

Magazine L&E December 2013  

L&E Magazine - December 2013