Description: Cross Border Trade in Services and Investment.
1. In contracting service suppliers, the owner of a vessel registered in Panama engaged in international service shall give preference to crew of Panamanian nationality, spouses of Panamanian nationals, or a parent of a Panamanian child resident in Panama.
2. Placement agencies established in Panama shall preferably hire crew members of Panamanian nationality, or foreigners married to nationals, or with Panamanian children residing and domiciled in Panama.
3. The Panamanian vessels of internal service that request an operation license to render launching services, provisioning of provisions to vessels and transportation of fuel for the supplying of vessels in which it is required to operate vessels and the owner or bareboat charterer of such vessels is a company, the latter must prove that the percentage of the holders of shares or final beneficiaries of the legal entity owned by Panamanians is not less than 75% of the total of the issued and outstanding shares.
4. In case the owner of such vessels is a natural person, he/she must be of Panamanian nationality.
5. The crew of Panamanian fishing vessels of international or inland service and of Panamanian vessels of inland service that provide complementary services to maritime transportation destined to attend the cargo, the vessel, the crew, the passengers or the maritime or port facilities must have a percentage of not less than 90% of Panamanian nationality.
18. Sector: Transportation Services
Subsector: Air Transportation Services
Obligations Concerned: Article 10.3 (National Treatment)
Measures: Article 79 of Law No. 21 of January 29, 2003, regulated by Executive Decree No. 542 of November 24, 2005.
Description: Investment
1. Only Panamanian nationals whose base of operations is in Panama may hold an operating certificate to provide air transportation services in Panama.
2. In order to obtain the certificate referred to in paragraph 1, the Panamanian company must prove before the Civil Aeronautics Authority that the substantial ownership and effective control of the company corresponds to Panamanian nationals. Not less than 51% of the subscribed and paid-up capital of a company must be represented in registered shares in the name of Panamanian nationals.
3. For internal transportation, the percentage referred to in paragraph 2 shall be at least 60%.
4. During the validity of the certificate referred to in paragraph 1, the holder shall maintain the minimum percentage of ownership in the name of a Panamanian national, as specified in paragraphs 2 or 3.
19. Sector: Specialized Air Services
Subsector:
Obligations Concerned: Article 9.4 (Market Access) Article 9.5 (National Treatment)
Measures: Articles 43 and 45 of Law No. 21 of January 29, 2003, as amended by Article 13 of Law No. 89 of December 1, 2010.
Articles 2 and 3 of Law No. 89 of December 1, 2010
Description: Cross Border Trade in Services
1. Panamanian airlines must hire Panamanian pilots, notwithstanding national airlines that meet the conditions set forth in Article 2 of Law 89 of 2010 may maintain foreign pilots as technicians, not exceeding 15% applied only to the total number of its workers in the Republic of Panama.
2. Only Panamanian nationals may exercise functions attached to the aeronautical technical personnel and technical crew. If there are not enough Panamanian nationals to provide such services, the Ministry of Labor and Labor Development may authorize the temporary exercise by foreign personnel up to 15% of the total number of workers of the airlines that require it.
3. Likewise, companies engaged in commercial aviation activities and that due to their level of advanced technology require specialized and trained technical personnel may hire foreign workers under the terms of Law 89, provided that the lack or insufficiency of such human resource among Panamanian citizens is proven.
4. For the purposes of this reservation, aeronautical technical personnel are understood to be those who perform functions related to air navigation, as well as those who perform functions related to air navigation, as well as those who perform functions related to air navigation, as well as to the operation of aircrafts and airports, and technical crew means the aircraft commander, the co-pilot and the flight engineer.
20. Sector: Publications
Obligations Concerned: Article 10.3 (National Treatment) Article 10.6 (Senior Executives and Boards of Directors)
Measures: Article 9 of Law No. 67 of September 19, 1978.
Description: Investment
1. The following applies to an enterprise that produces a printed publication that is part of the Panamanian media, such as a newspaper or magazine:
(a) a Panamanian national must own, directly or indirectly, 100% of the ownership of the enterprise, and.
(b) the managers of the company, including its publishers, editors-in-chief, deputy directors and assistant managers must be Panamanian nationals.
21. Sector: Corporate Services
Subsector: Professional Services - Legal Services
Obligations Concerned: Articles 9.5 (National Treatment) and 10.3 (National Treatment) Article 10.6 (Senior Executives and Boards of Directors)
Measures: Articles 3 and 16 of Law No. 9 of 18 April 1984
Description: Cross-Border Trade in Services and Investment
1. Only a Panamanian national who has a certificate of fitness issued by the Supreme Court of Justice may practice law in Panama.
2. Law firms may be established only by attorneys admitted to practice law in Panama.
3. Notwithstanding the provisions of paragraphs 1 and 2, if permitted by the express terms of an international agreement, a lawyer who is a foreign national may provide advice on international law and the law of the jurisdiction in which such lawyer is licensed to practice. However, such foreign lawyer may not act in the territory of Panama before one of the bodies referred to in subparagraph 4(a).
4. For purposes of this reservation, the practice of law in Panama includes:
(a) judicial representation before civil, criminal, labor, child protection, electoral, administrative or maritime courts;
(b) the rendering of legal advice, verbal or written;
(c) drafting legal documents and contracts; and
(d) any other activity that requires a license to practice law in Panama.
5. However, to the extent permitted by the express terms of international conventions, a foreign lawyer may give advice with respect to the law of the jurisdiction in which he or she is licensed to practice. This advice does not include representation before tribunals, courts, or judicial, administrative or maritime authorities in the territory of Panama.
6. Panama agrees that nationals of Mexico who are licensed to practice law in Mexico may supply the cross-border services described in the preceding paragraph, subject to the restriction set out in that paragraph, and may establish such services, subject to that restriction.
22. Sector: Business Services
Subsector: Professional Services
Obligations Concerned: Article 9.3 (Most-Favored-Nation Treatment) Article 9.5 (National Treatment) Article 9.6 (Local Presence)
Measures: Articles 4, 7, 9 and 10 of Law No. 57 of September 1978, certified public accountants
Article 3 of Law No. 7 of April 14, 1981, Economists.
Articles 32, 33 and 34 of Resolution No. 168 of July 25, 1988, approving the Regulations of the Technical Council of Economics.
Articles 9 to 11 of Law No. 67 of September 19, 1978, journalistic profession.
Article 4 of Law No. 21 of June 16, 2005, public relations specialist.
Article 5 of Law 55 of December 3, 2002, recognizing the practice of the profession of psychology.
Article 55 of Law No. 51 of December 28, 2005, on the professional and technical health care career ladder.
Articles 2 and 3 of Law No. 1 of January 3, 1996, sociology.
Article 3 of Law No. 17 of July 23, 1981, social workers.
Article 3 of Law No. 20 of October 9, 1984, regulating the profession of library sciences.
Article 2141 of Law No. 59 of July 31, 1998, amending the name of Title XVII and Articles 2140, 2141 and 2142 of the Administrative Code, and revoking Article 13 of Law No. 33 of 1984 on authorized public translators.
Book VIII, adopted by Resolutions JD-012 of February 20, 2009 and JD-046 of November 25, 2010, on licenses to aeronautical personnel not belonging to the crew.
Article 44 of Decree-Law 1 of 2008, on the license of customs broker agent.
Articles 3 and 4 of Decree-Law No. 6 of July 8, 1999, on real estate brokers
Article 198 of Law No. 23 of July 15, 1997, which approves the WTO Agreement; the Protocol of Accession of Panama to said Agreement, including its annexes and schedules of commitments, which adjusts the national legislation to the international standards and
enacts other provisions on commodity brokers.
Articles 2, 3 and 4 of Law No. 22 of January 30, 1961, related to the provision of professional agricultural services.
Articles 4 and 16 of Cabinet Decree No. 362 of November 26, 1969, nutritionists and dieticians.
Article 5 of Law No. 34 of October 9, 1980, phonoaudiologists and speech and language therapists, and audiometrists or audiological technicians
Articles 1 and 8 of Law No. 3 of January 11, 1983, veterinarians.
Article 1 of Cabinet Decree No. 196 of June 24, 1970, establishing the requirements to obtain a medical license to freely practice medicine and other related professions
Resolution No. 1 of January 26, 1987, by which the Technical Council of Health classifies acupuncture as a technique that may be practiced only by Panamanian medical and dental professionals.
Articles 3 and 4 of Executive Decree No. 32 of February 17, 1975, auxiliary of medicine.
Article 1 of Law No. 22 of February 9, 1956, dentistry.
Article 10 of Ministerial Decree No. 16 of January 22, 1969, regulating the career of resident physicians, interns, specialists and dentists, and creating the positions of General Practitioner and Specialist Physician.
Article 3 of Resolution No. 1 of March 14, 1983, which approves the Regulations for Specialties in Dentistry.
Articles 5 and 6 of Law No. 13 of May 15, 2006, on the practice of the profession of dental assistance technician.
Articles 37, 108, 197 and 198 of Law No. 66 of November 10, 1947, which approves the Sanitary Code.
Article 9 of Law No. 1 of January 6, 1954, concerning the profession of professional nurses, providing stability to such profession and regulating the pension of retired nurses.
Article 3 of Law No. 74 of September 19, 1978, Clinical Laboratory Personnel, as amended by Article 1 of Law No. 8 of April 25, 1983.
Article 4 of Law No. 48 of November 22, 1984, auxiliary and support personnel working in clinical laboratories governed by the Ministry of Health and the Social Security Reserve Fund and Foundation and regulating said profession.
Articles 7, 13 and 15 of Law No. 47 of November 22, 1984, physiotherapy or kinesiology.
Article 2 of Decree-Law No. 8 of April 20, 1967, chiropractor.
Article 6 of Law No. 42 of October 29, 1980, radiological medical technician, modified by Article 5 of Law No. 53 of September 18, 2009.
Article 6 of Law No. 13 of August 23, 1984, medical records and health statistics specialists employed by public health agencies, regulating their salary scale, and establishing other provisions (medical records assistants and health statistics specialists, medical records technicians and health statistics technicians).
Resolution No. 1 of April 15, 1985, orthopedic and nuclear medicine technicians.
Resolution No. 2 of June 1, 1987, neurophysiological technician, encephalogram technician, and electroneurography or evoked potential technician.
Article 6 of Law No. 36 of August 2, 2010, which recognizes the profession of occupational therapy.
Resolution No. 1 of February 8, 1988, occupational health technician.
Article 2 of Resolution No. 10 of March 24, 1992, respiratory therapy technician or respiratory inhalation therapy technician.
Article 3 of Resolution No. 19 of November 12, 1991, prosthetist-orthotist technician.
Article 2 of Resolution No. 7 of December 15, 1992, which regulates the practice of histology and the professions of histology assistant and cytology assistant.
Articles 5, 6 and 7 of Law No. 27 of May 22, 2009, which regulates the histology profession.
Article 2 of Resolution No. 50 of September 14, 1993, radiological health technician.
Article 2 of Resolution No. 1 of January 21, 1994, cardiovascular perfusion technician.
Article 2 of Resolution No. 2 of January 25, 1994, technician and auxiliary technician in medical information technology.
Article 2 of Resolution No. 4 of June 10, 1996, assistant medical radiologist technician.
Article 3 of Resolution No. 5 of June 10, 1996, by which the Ministry of Health recognizes the profession of emergency medical technician.
Article 3 of Resolution No. 1 of May 25, 1998, specialist in emergency surgery.
Article 3 of Resolution No. 2 of May 25, 1998, technician in human genetics.
Article 35 of Law No. 24 of January 29, 1963, which creates the Board of Directors of the National College of Pharmacists and regulates pharmaceutical establishments.
Articles 11 and 20 of Law No. 45 of August 7, 2001, chemist.
Article 5 of Law No. 4 of January 23, 1956, which creates the Technical Commission and regulates the professions of barber and cosmetologist, amended by Article 2 of Law No. 51 of January 31, 1963.
Articles 4 and 5 of Law No. 15 of January 22, 2003, orthopedic technology and traumatology.
Article 5 of Resolution No. 3 of August 26, 2004, medical physics.
Article 17 of Law No. 19 of June 5, 2007, lifeguards in aquatic environment.
Article 3 of Law No. 49 of December 5, 2007, community developer.
Article 5 of Law No. 31 of June 3, 2008, emergency medical technicians and professionals.
Article 3 of Law No. 28 of May 22, 2008, early stimulation and family orientation.
Article 5 of Law No. 53 of August 5, 2008, respiratory therapist.
Article 5 of Law No. 17 of February 12, 2009, biological sciences.
Article 5 of Law No. 52 of September 18, 2009, technician and graduate in gerontology.
Article 5 of Law No. 51 of July 14, 2003, nuclear medicine technologist profession.
Article 89 of Executive Decree No. 82 of 2008, tourist guides.
Description: Cross Border Trade of Services
1. Only a Panamanian may practice as a health professional, agricultural sciences professional, barber, chemist, cosmetologist, customs broker, economist, journalist, librarian, public relations professional, real estate agent, social worker, sociologist, sociologist, sociologist, librarian, public relations professional, real estate, social worker, sociologist, public translator, speech and language therapist, and veterinarian.
However, foreigners may practice the following professions if the respective professional boards find that qualified Panamanians are not available: agricultural sciences, chemist, dietician, physician, medical technician, radiologist, nurse, nutritionist, dentist, and veterinarian.
2. Foreign journalists working as correspondents for wire services or other foreign media shall be accredited before the Technical Board of Journalism, and shall be allowed to practice based on the duration of their service contract. Any foreign journalist engaged in a temporary professional assignment will be issued, after registration before the Technical Board, a license to practice as a journalist temporarily in Panama. Reciprocity or residency requirements apply, as appropriate.
3. Foreigners wishing to provide tourist guide services, with the exception of specialized tourist services, must have more than 5 years of residence in the country and have filed at least 2 income tax returns with the National Revenue Authority.
23. Sector: Services rendered to Businesses
Subsector: Professional Services - Architects and Engineers
Obligations Concerned: Article 9.3 (Most-Favored-Nation Treatment) Article 9.5 (National Treatment) Article 9.6 (Local Presence)
Measures: Articles 1, 2, 3, 4 and 24 of Law No. 15 of January 26, 1959.
Article 4 of Law No. 53 of February 4, 1963
Articles 1 and 3 of Decree No. 257 of September 3, 1965.
Article 1 of Law No. 21 of June 20, 2007
Description: Cross Border Trade in Services
1. Only the holder of a certificate of suitability issued by the Technical Board of Engineers and Architects may work as an engineer or architect. The Technical Board may grant such certificate to:
(a) a Panamanian national;
(b) a foreign national married to a Panamanian national or who is the parent of a Panamanian child, or
(c) a foreign national who is authorized to practice in a jurisdiction that permits Panamanian nationals to practice as engineers or architects under the same conditions.
2. The Technical Board may also authorize a firm to hire an architect or engineer who is a foreign national for a period of up to 12 months if there are no Panamanians qualified to provide the service in question. In such a case, the firm must hire a qualified Panamanian national for the duration of the contract, who will replace the foreign national at the end of the contract.
3. Only a company registered with the Technical Board may provide engineering or architectural services in Panama. To register:
(a) the company must have its corporate domicile in Panama, unless an international agreement provides otherwise, and.
(b) the persons employed by the company who are responsible for supplying the services must be qualified to perform such services in Panama.
24. Sector: Communications Services
Subsector: Telecommunications Services
Obligations Concerned: Article 9.4 (Market Access)
Measures: Law No. 17 of 9 July 1991 Law No. 5 of 9 February 1995
Law No. 31 of February 8, 1996
Executive Decree No. 73 of April 9, 1997 Executive Decree No. 21 of 1996
Regulation JD-025 of December 12, 1996 Regulation JD-080 of April 10, 1997
Concession Contract No. 30-A of February 5, 1996 between the State and BSC (Bell South Panamá, S.A.)