Panama, January 7, 2020. For the fifth consecutive year, Morgan & Morgan has contributed with Doing Business 2020, a publication that summarizes regulations that enhance business activity across 190 economies.
The following attorneys of the firm received a “Certificate of Appreciation” for their valuable contribution:
The report, which was published by the World Bank Group, is is available for download here.
Panama, January 6, 2020. Morgan & Morgan is pleased to announce the promotion of Aristides Anguizola to the partnership of the firm. The designation of Mr. Anguizola comes to reinforce the firm´s already robust Corporate Law team.
Mr. Anguizola has concentrated his practice in mining and has significant experience providing legal support for mineral exploration and mine development and finance. He is often involved advising clients in transactions related to corporate and commercial, project finance and development, mergers and acquisitions, banking law, capital markets, and regulatory work.
With almost ten years of experience as a corporate lawyer, Mr. Anguizola has acted as co-counsel on complex mega-projects such as Cobre Panama, the most significant private sector investment in the country; Metro de Panama, the most important public infrastructure project under development in Panama; and Metro Bus, the public bus rapid system for Panama City. Recently, he was part of the team that advised the Ministry of Public Works on the drafting and approval of the new law for public-private partnerships (PPPs).
Before joining Morgan & Morgan, Mr. Anguizola gained experience as a summer associate in McConnell Valdes LLC, San Juan, Puerto Rico. He also worked as a summer associate in Greenberg Traurig LLP, Washington D.C., U.S.A., dealing with the Government Affairs Practice Group to lobby the U.S.-Panama Trade Promotion Agreement.
Mr. Anguizola contributed as a writer in some publications such as the Panama Chapter of Doing Business (a project of the World Bank Group), and the Panama Chapter of Chambers & Partners´ Insolvency and Mining guides.
Panama, December 16, 2019. Morgan & Morgan repeated as a leading Panamanian firm in The Legal 500 – Latin America Guide. Banking and Finance, Corporate and M&A, Dispute Resolution, Intellectual Property, Offshore and Shipping earned the top-tier rankings.
In addition, five lawyers of the firm received recommendations:
Panama, November 25, 2019. Partners Carlos Ernesto González Ramírez (Antitrust & Competition), Inocencio Galindo (Banking & Finance), and Francisco Arias (Corporate and M&A) have been included at LACCA Approved 2020, a selection of Latin American leading lawyers in specific areas of law.
Approved lawyers have been personally recommended by members of LACCA, who are all general counsel from the top multinationals and private companies across the region.
More information on http://laccanet.com/approved/.
Morgan & Morgan received top-tier rankings in the international directory IFLR1000, a guide that analyzes the work of lawyers in the financial and corporate transactional area.
In addition, five lawyers of the firm are listed as leading professionals:
- Aristides Anguizola – Rising Star
- Francisco Arias – Highly Regarded
- Carlos Ernesto González Ramírez – Highly Regarded
- Inocencio Galindo – Highly Regarded
Meet them at Here.
London, October 3, 2019. Luis G. Raven, partner in the Shipping and Admiralty Litigation Department of Morgan & Morgan, participated in The International Maritime Law Seminar (IMLS), an annual event that takes place in the City of London and seeks to provide in-depth analysis and discussion of current legal topics critical to the marine industry.
More than 250 maritime executives and attorneys attended the seminar presented under the moderation of representatives of more than 15 leading law firms from five different continents. Mr. Raven participated in the panel discussion titled “Issues and Solutions Arising from IMO 2020 ULSFO Requirements” and he focused on the steps being taken in Panama to guarantee MARPOL Annex VI’s implementation and enforcement.
With this new legal initiative, the taxpayers have the opportunity to clear tax debts without interests, surcharges and fines and to file forms past due without penalties.
Those managed by the Revenues General Directorate
What does the tax amnesty refer to?
- Condonation of:
Tax Amnesty Term
|If paid||Condonation %|
|by Nov 30||100%|
|By Dec 31st||95%|
|By Jan 31st||90%|
|By Feb 28th||85%|
Reports due to the DGI can be filed until Dec 31st, 2019 without triggering a fine:
- Donations Report
- NGO´s Report
- Form 03
- Form 40 on Retirement Fund
- Form F-41 insurance companies
- Form 42 interests certification
- Form 43 Purchases Report
- Credit Cards sales Report F-44
- F930 Transfer Pricing Report
- Remittances Abroad Report for SEM and Panama Pacifico Companies.
- Others which establish a fine for late filing
Apply with the payment of 25% of the debt and the remaining portion is cancelled no later than June30th of 2020 and the % of interests, surcharges and fines condoned depends on the month the payment arrangement is executed.
Use of the Benefit in the Law
The interested party must communicate his interest either in person, through a POA or by means of the eTax2.0.
Panama, October 7, 2019. Maria Eugenia Brenes, associate in the Intellectual Property Department of Morgan & Morgan, contributed with the Panama Chapter of Patents 2020, a publication that covers common issues in patent laws and regulations, in 36 jurisdictions.
The complete publication can be found here.
For the past few decades, Panama has established public-private partnerships (“PPPs”) in projects as diverse as toll roads, water treatment plants, ports, telecommunications networks and the generation and distribution of electricity. These projects, however, have been created and managed under either a general (and, for current-day standards, insufficient) concessions law dating back to 1988; industry-specific (and, sometimes, project-specific) legislation enacted in the mid-to-late-90’s; or the general public procurement law enacted in 2006. In recent years, framework PPP legislation was discussed by the National Assembly, only to be voted down in 2011. It was then considered again at various points between 2014 and 2018, although never formally given any debate before the legislature. In the meantime, a 2017 study commissioned by the Inter-American Development Bank and conducted by The Economist Intelligence Unit, ranked Panama 18th (out of 19 countries listed, with only Venezuela lagging behind), in terms of PPP regulatory frameworks in the region.
In light of these circumstances, the Panamanian Government took a decisive step forward in developing an updated (and more comprehensive) PPP legislative framework, as a means to: a) provide an option for developing major infrastructure projects without compromising the Government’s indebtedness levels, b) encourage private investment and job creation, and c) strengthen Panama’s competitive position vis-à-vis other Latin American countries (many of which enacted successful PPP legislation long ago). On July 31, 2019, barely a month after taking office, the Administration of President Laurentino Cortizo submitted a framework PPP bill before the National Assembly. On September 11, 2019, the Assembly passed the bill, which is now only pending signature by the President and publication in the Official Gazette in order to be enacted into law.
The new law will provide a much-needed regulatory and institutional framework in order to allow for the development of major projects without requiring substantial short-term disbursements of public funds.
The new legislation seeks to attract capital from private investors who, at the same time, will bring forth their experience, know-how, equipment, technologies and technical and financial capabilities to the fore. These resources will be used in order to “create, develop, improve, operate and / or maintain public infrastructure for the provision of public services.” Thus, the PPP law both allows and requires the private sector to develop, finance, build, operate and maintain – for an amount of time specified in the corresponding contract – projects geared to provide public services (e.g., roads, bridges, subway lines, electric transmission lines, etc.). The law provides for a maximum contract length of 30 years (which can be extended for up to 10 additional years). Thus, the idea is for the State to enter into long-term partnerships with investors that have the requisite experience to not only build, but also operate and maintain these projects, meeting the service and quality standards established in the RFP documents as well as the PPP contract.
The institutional framework for PPPs is also an innovation of the new law since – unlike the existing public procurement and administrative concession laws – PPP contracts involve not only the contracting government entity and the PPP contractor, but also three new government entities:
- A Governing Body (the Ente Rector), comprised by the Minister of the Presidency (who will preside over it), the Minister of Public Works, the Minister of Economy and Finance, the Minister of Commerce and Industries and the Minister of Foreign Affairs. In addition, the Comptroller General of the Republic, although not granted voting rights within the Ente Rector, will nonetheless be a part of it and entitled to voice her/his opinion at meetings. Among other functions, the Ente Rector will authorize the drafting of technical reports on projects that may be subject to implementation as PPPs, the approval for projects to be designed as PPPs and of the RFP documents (including the draft PPP agreement), as well as approving any changes to the PPP contract once it is in force;
- A National PPP Secretariat, serving under the Ministry of the Presidency and whose functions include – among others – providing technical and operational support to the Ente Rector, as well as developing the criteria for selecting PPP projects, the guidelines for assigning risks and granting of guarantees, as well as the guidelines for the design of the RFP documents and model PPP contracts; and
- An Advisory Committee, made up of four members of the business sector, two members of the academic sector and two representatives of organized labor. The Advisory Committee can recommend potential PPP projects to the Ente Rector, through the National PPP Secretariat.
Prior to the PPP bidding process, preliminary studies must be carried out based on six eligibility elements established in the law (social benefits, economic cost-benefit analysis, risk allocation, service indicators, feasibility studies, as well as environmental and legal aspects). The Contracting Public Entity must then prepare a technical report, subject to the opinion and observations of the National PPP Secretariat, which must then be sent to the Ente Rector, so that it can decide whether the project will be bid out as a PPP project.
Projects with a value of less than fifteen million dollars cannot be tendered as PPP’s, except in the case of municipal projects, in which case the criteria for granting exceptions will be further developed in the regulations that will be issued after the law comes into effect. Furthermore, projects cannot be implemented as PPP’s in any of the following cases: a) if existing commitments under government contracts then in force exceed 30% of actual investments in the previous year, b) if existing commitments in the following five years – under contracts then in force – exceed 30% of the projected investment of the contracting public entity, pursuant to the Government’s Five-Year Investment Plan in the respective fiscal years, or c) the total cumulative present value of existing commitments of the Non-Financial Public Sector in PPP contracts exceeds 7% of gross domestic product.
The selection of PPP contractors will be carried out under objective criteria, since the contract will be awarded to the bidder that meets the mandatory requirements and submits the best economic offer. In addition, there are clear limits on the amounts and time periods for which PPP contracts can be modified. These provisions seek to eliminate subjective factors in awarding PPP projects, as well as avoiding overly expensive addenda to PPP contracts.
In order to facilitate financing structures – either through syndicated credit facilities or through capital markets – the law provides for the option (or, in case the project is partially funded through government subsidies or contributions, the obligation) for the assets involved in the project to be placed into a trust to be managed by a trustee that is licensed in Panama. This will further inoculate the projects and their related assets should the contractor face liabilities vis-à-vis third parties throughout the duration of the contract.
Finally, the grounds for disqualification currently included in the existing public procurement law are toughened, as these will disqualify bidders for a 10-year period, rather than the 5-year period established under the public procurement law.
It is important to bear in mind that the PPP law does exclude certain services and institutions from contracting under the PPP framework. Namely, the State-owned water company, the Panama Canal Authority, the Social Security Administration and the governmental financial entities and regulators, may not contract for any work or service under the PPP law. Furthermore, public health, education and public safety services cannot be contracted by any government entity under a PPP structure. Time will tell if – once PPPs begin to be implemented under the new law – the political climate will allow the excluded entities and/or services into the fold.
All in all, the new law is an important milestone in bringing Panama’s PPP regulatory framework in line with those of other Latin American countries, which will hopefully usher in a new era of success in major infrastructure investment.
Resolution No. 17405 of August 29th, 2019.
As of September 4TH, 2019, The National Immigration Authority (hereinafter “SNM” for its acronym in Spanish) established new requirements to request Rehabilitation of Permanent Residence Permits (hereinafter “Rehabilitation”) for foreigners, who have remained outside of Panama for more than two (2) years and up to six (6) years.
- Foreigners to whom SNM has canceled their permanent residence permit for been absent of Panama for more than two (2) years and up to six (6) years, can request the restitution of their permanent residence permit through the Rehabilitation process, with simplified requirements.
- Previously, to request Rehabilitation, the foreigner had to submit (i) all the requirements of the immigration category previously approved, duly updated; and (ii) an affidavit given before Public Notary stating the reason why the person was absent from Panama.
- Resolution No. 17405 of August 29th, 2019 provides that Rehabilitation can be requested with the following documents:
- Copy of the permanent residence permit resolution or copy of the permanent resident card issued by SNM.
- Copy of the passport’s data page and registration stamp.
- Copy of the permanent resident card issued by the Electoral Tribunal duly authenticated.
- Affidavit given before Public Notary, stating the reasons why the person was absent from Panama.
- Power of attorney.
- The following time limit are established (i) thirty (30) business days to request Rehabilitation, which will be counted from the date of entry to Panama; and (ii) up to six (6) years of absent from Panama. After these terms Rehabilitation cannot be requested.
- Exceptions: Rehabilitation cannot be requested for foreigners, who have obtained (i) a permanent residence permit by Panama-Italy Treaty; or (ii) a temporary resident permit by “Crisol de Raza” and Extraordinary Regularization Process.