Text of the Canada–Panama Free trade agreement – Annex I: Reservations for existing measures – Schedule of Panama
Sector:
All Sectors
Sub-sector:
Retail Sales
Industry Classification:
Type of Reservation:
National Treatment (Article 9.04)
Senior Management and Boards of Directors (Article 9.08)
Measures:
Article 293 of the 1972 Constitution
Articles 4, 7 and 16 of Executive Decree 35 of May 24, 1996
Description: Investment
- Only the following persons may own a retail business in Panama:
- a Panamanian national by birth;
- a natural person who, on the date of entry into force of the 1972 Constitution, was a naturalized Panamanian national, the spouse of a Panamanian national or a natural person who had a child with a Panamanian national;
- a natural person who has been a naturalized Panamanian national for at least 3 years;
- a foreign national or a juridical person organized under the domestic law of a foreign country that owned a lawful retail business in Panama on the date of entry into force of the 1972 Constitution; and
- a juridical person, whether organized under the domestic law of Panama or another country, if ownership of that person is held by a natural person described in subparagraph (a), (b), (c) or (d), as set out in paragraph 5 of Article 293 of the 1972 Constitution.
- However, a foreign national not authorized to own a retail business may participate in those companies that sell products manufactured by those companies.
Sector:
Real Property
Sub-sector:
Industry Classification:
Type of Reservation:
National Treatment (Article 9.04)
Measures:
Articles 290 and 291 of the 1972 Constitution
Description: Investment
- A foreign government, foreign official or foreign state enterprise may not own real property in Panama, except property used for an embassy.
- A foreign national, or enterprise organized under the laws of Panama owned entirely or partially by foreign nationals, may not own real property within 10 kilometers of Panama’s borders.
Sector:
Public Utilities
Sub-sector:
Industry Classification:
Type of Reservation:
National Treatment (Article 9.04)
Measures:
Article 285 of the 1972 Constitution
Description: Investment
The majority of the capital of a private enterprise engaged in public utilities that operate in Panama shall be owned by a Panamanian person, except where provided by domestic law.
Sector:
All Sectors
Sub-sector:
Industry Classification:
Type of Reservation:
National Treatment (Article 10.03)
Senior Management and Boards of Directors (Article 9.08)
Measures:
Article 322 of the 1972 Constitution
Articles 13, 14 and 86 of Law No. 19 of June 11, 1997
Description: Investment and Cross-Border Trade in Services
- Preference is given to a Panamanian national over a foreign national for contractual positions in the Panama Canal Authority. A foreign national may be hired instead of a Panamanian national, provided that the position is difficult to fill and that all channels for hiring a qualified Panamanian national have been exhausted and that it is authorized by the Canal Authority Administrator. If the only applicants for a position with the Panama Canal Authority are foreign nationals, preference is given to a foreign national with a Panamanian spouse or a foreign national who has lived in Panama for 10 consecutive years.
- Only a Panamanian national can be a director of the Panama Canal Authority.
Sector:
Artistic Activities
Sub-sector:
Musicians and Artists
Industry Classification:
CPC 9619 Other Entertainment Services
CPC 96191 Theatrical Producer, Singer Group, Band and Orchestra Entertainment Services
Type of Reservation:
National Treatment (Article 10.03)
Measures:
Article 1 of Law No. 10 of January 8, 1974
Article 1 of Executive Decree No. 38 of August 12, 1985
Description: Cross-Border Trade in Services
- An employer who hires a foreign orchestra or musical group is required to hire a Panamanian orchestra or musical group to perform at each one of the locations where the foreign orchestra or musical group performs. This obligation exists for the duration of the foreign orchestra or musical group’s contract. This Panamanian orchestra or musical group must receive at least the amount of USD 1,000.00 per performance. Each member of the group must receive no less than USD 60.00 of this amount.
- A Panamanian artist performing alongside a foreign artist must be hired on the same terms and with the same professional considerations. This applies but is not limited to promotions, publicity and advertising related to the event, regardless of the media used.
- The hiring of a foreign artist for promotions, or the charitable donation or exchange of the services or works of a foreign artist, will only be approved if it does not adversely affect or displace a Panamanian artist. In any case, the hiring must be submitted for evaluation by an expert to determine the value of the service and work provided for the purpose of paying union fees and dues.
Sector:
Tourism and Travel-related Services
Sub-sector:
Travel Agencies and Tour Operator Services
Industry Classification:
CPC 7471 Travel Agency and Tour Operator Services
Type of Reservation:
National Treatment (Articles 9.04 and 10.03)
Measures:
Article 2 of Law No. 73 of December 22, 1976
Description: Investment and Cross-Border Trade in Services
To engage in the business of Travel Agency in the territory of Panama, a supplier must meet the criteria set out in this Annex at pages I-PA-1 to I-PA-2. A natural person engaged in this business in the territory of Panama must be a Panamanian national.
Sector:
Communications
Sub-sector:
Services of Transmission of Radio and Television Programs
Industry Classification:
CPC 9613 Radio and Television Services
Type of Reservation:
National Treatment (Articles 9.04 and 10.03)
Most-Favoured-Nation Treatment (Article 10.04)
Senior Management and Boards of Directors (Article 9.08)
Measures:
Article 285 of the 1972 Constitution
Articles 14 and 25 of Law No. 24 of June 30, 1999
Articles 152 and 161 of Executive Decree No. 189 of August 13, 1999
Description: Investment and Cross-Border Trade in Services
- A concession to operate a public radio or public television station in Panama may be granted to a natural person or to an enterprise. In the case of a natural person, the concessionaire must be a Panamanian national. In the case of an enterprise, at least 65% of the shares of the concessionaire must be owned by a Panamanian national.
- Each senior manager and director of an enterprise operating a public radio or public television station must be a Panamanian national.
- Under no circumstances may a foreign government or a foreign state enterprise supply, by itself or through a third party, public radio or public television services or hold a controlling interest, directly or indirectly, in an enterprise that supplies those services.
- A concessionaire of a public radio or public television service may not broadcast an advertisement originating within Panama containing an announcement made by an announcer who does not have a licence issued by the National Authority of Public Services. That licence may only be obtained by a Panamanian national or a national of a country that has granted reciprocal rights to Panamanian nationals.
- For greater certainty, this reservation is without prejudice to Article 23.06 (Exceptions – Cultural Industries).
Sector:
Communications
Sub-sector:
Telecommunication Services
Industry Classification:
CPC 752 Telecommunication Services
Type of Reservation:
National Treatment (Article 9.04)
Measure:
Article 21 of Law No. 31 of February 8, 1996
Description: Investment
An enterprise that is directly or indirectly owned or controlled by a foreign government or in which a foreign government is a partner may not supply telecommunications services in the territory of Panama.
Sector:
Education
Industry Classification:
CPC 92 Education Services
Type of Reservation:
National Treatment (Article 10.03)
Level of Government:
Central
Measure:
Article 100 of the 1972 Constitution
Description: Cross-Border Trade in Services
Only a Panamanian national may teach Panamanian history and civic education in the territory of Panama.
Sector:
Electrical Energy
Sub-sector:
Industry Classification:
CPC 171 Electrical Energy
Type of Reservation:
Market Access (Article 10.05)
Measures:
Articles 32, 45 and 46 of Law No. 6 of February 3, 1997
Description: Cross-Border Trade in Services
- Electric power transmission services in the territory of Panama may be supplied only by the Government of Panama.
- Electric power distribution services in the territory of Panama will be supplied by 3 enterprises for a period of 15 years, under concessions granted by theNational Authority of Public Services. This period started on October 22, 1998.
Sector:
Crude Petroleum, Hydrocarbons and Natural Gas
Sub-sector:
Industry Classification:
CPC 120 Crude Petroleum and Natural Gas
Type of Reservation:
Local Presence (Article 10.06)
Performance Requirements (Article 9.06)
Measures:
Articles 21, 26 and 71 of Law No. 8 of June 16, 1987
Description: Investment and Cross-Border Trade in Services
- If a contractor is a foreign juridical person, it must establish itself or open a branch in the Republic of Panama. Contractors may apply for an exemption from import tax on machinery, equipment, spare parts and other articles necessary for carrying out the activities required by their respective contracts. That exemption may be granted if the articles are of acceptable quality and competitive price, as determined by the Ministry of Commerce and Industries, and are not produced in Panama.
- A contractor or subcontractor may acquire a good or contract service from abroad if:
- that good or service is not available in Panama; or
- the good or service available in Panama does not fulfill the normal specifications required by the industry, as determined by the National Directorate of Hydrocarbons of the Ministry of Commerce and Industries.
Sector:
Operation of Mines
Sub-sector:
Extraction of Non-metallic, Metallic (Except Precious Minerals) Minerals, Precious Alluvial Minerals, Precious Non-Alluvial Minerals, Fuel Minerals (Except Hydrocarbons) and Reserve Minerals and Related Services
Industry Classification:
CPC 14 Metal Ores
CPC 15 Stone, Sand and Clay
CPC 16 Other Minerals
Type of Reservation:
National Treatment (Articles 9.04 and 10.03)
Performance Requirements (Article 9.06)
Measures:
Articles 4, 5, 130, 131, 132 and 135 of Decree Law No. 23 of August 22, 1963
Article 11 of Law No. 3 of January 28, 1988
Description: Investment and Cross-Border Trade in Services
- A foreign government, foreign state enterprise, or juridical person in which there is direct or indirect participation of any foreign government, may not:
- obtain a mining concession;
- directly or indirectly, be a contractor for mining operations;
- operate or benefit from a mining concession; or
- acquire, possess or retain, for use in mining operations in Panama, equipment or material without previous and special authorization issued through a Decree of the President of the Republic signed by all members of Cabinet.
- Panama will give preference to Panamanian nationals for positions in all phases of mining operations, in accordance with the Labor Code.
- The holder of a mining concession and a contractor engaged in mining operations may employ a foreign national as an executive, scientific or technical expert if:
- employing the foreign national is necessary for the efficient development of the mining operations; and
- foreign nationals constitute less than 25% of the number of persons employed, and the salaries that foreign nationals receive amount to less than 25% of total salaries:
- for the holder of a mining concession when engaged in mining operations covered by extraction, benefit or transport concessions, and
- for a contractor when carrying out mining operations.
- The Directorate General of Mining Resources will establish the terms and conditions under which foreign persons may be employed in the mining industry.
Sector:
Exploration and Exploitation of Non-Metallic Minerals Used as Construction, Ceramic, Refractory and Metallurgical Materials
Sub-sector:
Industry Classification:
CPC 15 Stone, Sand and Clay
CPC 16 Other Minerals
Type of Reservation:
National Treatment (Article 9.04)
Measures:
Article 3 of Law No. 109 of October 8, 1973
Article 7 of Law No. 32 of February 9, 1996
Description: Investment
- Only a Panamanian national or an enterprise of Panama may obtain, directly or indirectly, a contract for the exploration and exploitation of limestone, sand, quarry stone, tufa, clay, gravel, debris, feldspar, plaster and other non-metallic minerals.
- The following may not obtain, operate or benefit from a contract referred to in paragraph 1, directly or indirectly:
- a foreign government or state enterprise; or
- a juridical person in which a foreign government has direct or indirect participation, unless the Executive Branch decides otherwise on the request of the interested juridical person.
Sector:
Fishing
Sub-sector:
Fishes and Other Fishing Products
Industry Classification:
CPC 04 Fish and Other Fishing Products
Type of Reservation:
National Treatment (Articles 9.04)
Performance Requirements (Article 9.06)
Measures:
Article 286 of Law No. 8 (the Fiscal Code of the Republic of Panama) of January 27, 1956
Law No. 20 of August 11, 1994
Articles 5 and 6 of Decree Law No. 17 of July 9, 1959
Article 1 of Decree No. 116 of November 26, 1980
Article 3 of Executive Decree No. 124 of November 8, 1990
Articles 4 and 7 of Executive Decree No. 38 of June 15, 1992
Article 1 of Decree No. 71 of October 20, 1992
Administrative Resolution 003 of January 7, 2004
Description: Investment
- Only a person of Panama may sell for consumption in Panama fish caught in the territory of Panama.
- Only a Panamanian-built vessel may engage in commercial or industrial shrimp fishing in the territory of Panama.
- A vessel with a capacity of less than 150 tons may only fish for tuna in the territory of Panama if it is owned by a person of Panama.
- Only a vessel owned by a person of Panama may obtain a licence for coastal (manual) fishing.
- Only a Panamanian-flagged vessel that is at least 75% owned by a person of Panama and that is engaged in international tuna trade within the territory of Panama may obtain a tuna fishing licence for a preferential fee.
Sector:
Activities Related to Fishing
Sub-sector:
Industry Classification:
CPC 04 Fish and Other Fishing Products
Type of Reservation:
Local Presence (Article 10.06)
Measures:
Articles 1 and 4 of Executive Decree No. 12 of April 17, 1991
Articles 4 and 7 of Executive Decree No. 38 of June 15, 1992
Description: Cross-Border Trade in Services
- An industrial enterprise in the business of storing or selling shrimp or other marine species must locate its facilities in the Vacamonte Fishing Port, in the District of Arraijan, unless the facilities are located where farming operations occur.
- International tuna fishing vessels must use the services of legal shipping agencies domiciled in Panama in order to obtain a licence to fish for tuna in waters under Panamanian jurisdiction.
Sector:
Guard Services
Sub-sector:
Private Security Agencies
Industry Classification:
CPC 87305 Guard Services
Type of Reservation:
National Treatment (Articles 9.04 and 10.03)
Senior Management and Boards of Directors (Article 9.08)
Measures:
Articles 4 and 10 of Executive Decree No. 21 of January 31, 1992
Article 1 of Executive Decree No. 22 of January 31, 1992
Description: Investment and Cross-Border Trade in Services
- The owner of a security company must be a Panamanian national.
- In order to be a member of the board of directors, a person must meet the criteria for ownership of a retail business described in this Annex at pages I-PA-1 to I-PA-2.
- Only a Panamanian national may hold the position of head of security or security guards in the territory of Panama. Foreign nationals engaged by a security company in the territory of Panama must obtain prior authorization from the Panamanian government.
Sector:
Advertising Services
Sub-sector:
Advertising Activities
Industry Classification:
CPC 871 Advertising Services
Type of Reservation:
National Treatment (Article 10.03)
Measures:
Article 152 of Executive Decree No. 189 of August 13, 1999
Article 1 of Executive Decree No. 273 of November 17, 1999
Description: Cross-Border Trade in Services
- The use of advertising announcements for television and cinematography produced in foreign countries whose voices band has been dubbed by Panamanians possessing an announcer’s licence, is only permitted if a fee is paid for the period of transmission, projection and use.
- For greater certainty, this reservation is without prejudice to Article 23.06 (Exceptions – Cultural Industries).
Sector:
Maritime Transport
Sub-sector:
Pilotage
Industry Classification:
CPC 72 Water Transport Services
Type of Reservation:
National Treatment (Article 10.03)
Measure:
Article 6 of Accord No. 006-95 of May 31, 1995
Description: Cross-Border Trade in Services
Only a Panamanian national may be an apprentice pilot.
Sector:
Maritime Transport
Sub-sector:
Industry Classification:
CPC 72 Water Transport Services
CPC 872 Placement and Supply Services of Personnel
Type of Reservation:
National Treatment (10.03)
Local Presence (10.06)
Measures:
Articles 4, 15 and 18 of Decree Law No. 8 of February 26, 1998
Description: Cross-Border Trade in Services
- When engaging contractual service suppliers, the owner of a Panamanian-registered vessel dedicated to international service must give preference to a Panamanian national, spouse of a Panamanian national and a parent of a Panamanian child residing in Panama.
- Associations of shipbuilders and Panamanian shipping companies will grant scholarships and facilities for training or qualification courses to a Panamanian national, a foreign spouse of a Panamanian national or a parent of a Panamanian child.
- A foreign manning company operating in Panama must designate a Panamanian national residing in Panama registered with the Mercantile Registry to act as a representative of the company in all judicial, extra-judicial and administrative matters.
Sector:
Transport
Sub-sector:
Air Transport Services
Industry Classification:
CPC 7121-7122 Passenger Transportation
CPC 7123 Freight Transportation
Type of Reservation:
National Treatment (Article 9.04)
Measures:
Article 79 of Law No. 21 of January 29, 2003
Description: Investment
- Only a person of Panama with a base of operations in Panama may hold a certificate of exploitation to supply air transportation services in Panama.
- To obtain a certificate referred to in paragraph 1, an enterprise of Panama must also establish before the Civil Aviation Authority that the substantial property and effective control of the enterprise is owned by a Panamanian national. For example, at least 51% of the subscribed and paid-in capital of a society is represented with nominative stocks owned by a Panamanian national.
- For domestic transport, the percentage referred to in paragraph 2 is a minimum of 60%.
- During the validity of a certificate referred to in paragraph 1 the title holder must maintain the minimum percentage of ownership by a Panamanian national set out in paragraph 2 or 3.
Sector:
Transport Services
Sub-sector:
Air Transport Services
Industry Classification:
CPC 8868** Maintenance and Repair of Aircraft
CPC 746 Supporting Services for Air Transport
Type of Reservation:
National Treatment (Article 10.03)
Measures:
Article 45 of Law No. 21 of January 29, 2003
Description: Cross-Border Trade in Services
Only a Panamanian national may supply a service related to aircraft repair and maintenance. If there are not enough Panamanian nationals to supply that service, the Civil Aviation Authority may authorize the temporary hiring of a foreign national.
Sector:
Publishing
Sub-sector:
Classification:
Type of Reservation:
National Treatment (Article 9.04)
Senior Management and Boards of Directors (Article 9.08)
Measures:
Article 9 of Law No. 67 of September 19, 1978
Description: Investment
- The following applies to an enterprise producing a print publication that is part of the Panamanian communications mass media, such as a newspaper or magazine:
- a Panamanian national must directly or indirectly hold 100% of the ownership of the enterprise; and
- the managers of the enterprise, including its publishers, editors-in-chief, deputy directors and assistant managers, must be Panamanian nationals.
- For greater certainty, this reservation is without prejudice to Article 23.06 (Exceptions – Cultural Industries).
Sector:
Business Services
Sub-sector:
Professional Services
Industry Classification:
CPC 861 Legal Services
Type of Reservation:
National Treatment (Articles 9.04 and 10.03)
Senior Management and Boards of Directors (Article 9.08)
Measures:
Articles 3 and 16 of Law No. 9 of April 18, 1984
Description: Investment and Cross-Border Trade in Services
- Only a Panamanian national holding a certificate of qualification issued by the Supreme Court may practice law in Panama.
- Law partnerships may be established only by lawyers qualified to practice law in Panama.
- Notwithstanding paragraphs 1 and 2, if it is 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 that lawyer is licensed to practice. However, that foreign lawyer may not provide representation in the territory of Panama before a body listed in subparagraph 4(a).
- For purposes of this Reservation the practice of law in Panama includes:
- judicial representation before a civil, penal, labour, child welfare, electoral, administrative or maritime tribunal;
- rendering of verbal or written legal advice;
- drafting of legal documents and contracts; and
- any other activity that requires a licence to practice law in Panama.
Sector:
Business Services
Sub-sector:
Professional Services
Industry Classification:
Type of Reservation:
National Treatment (Article 10.03)
Most-Favoured-Nation Treatment (Article 10.04)
Local Presence (10.06)
Measures:
Articles 1 and 3 of Executive Order No. 257 of September 3, 1965, establishing implementing regulations for Law No. 15 of 1959, engineering and architecture
Article 4 of Law No. 53 of February 4, 1963, amending and supplementing Law No. 15 of January 26, 1959 and repealing Law No. 46 of April 30, 1941. Published in Official Gazette No. 14,811 of February 6, 1963, engineering and architecture
Articles 1, 2, 3, 4 and 24 of Law No. 15 of January 26, 1959, engineering and architecture
Articles 4, 7, 9 and 10 of Law No. 57 of September 1978, authorized public accountant
Article 3 of Law No. 7 of April 14, 1981, economist
Articles 32, 33 and 34 of Decision No. 168 of July 25, 1988, approving the Regulations of the Technical Economic Council
Articles 9 through 11 of Law No. 67 of September 19, 1978, journalism profession
Article 3 of Law No. 37 of October 22, 1980, public relations specialist
Article 2 of Law No. 56 of September 16, 1975, regulating psychology
Article 29-A of Executive Order No. 14 of August 27, 1954, the Law Establishing the Social Security Fund
Articles 2 and 3 of Law No. 1 of January 3, 1996, sociology
Article 3 of Law No. 17 of July 23, 1981, social worker
Article 3 of Law No. 20 of October 9, 1984, regulating the library sciences profession
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 repealing Article 13 of Law No. 33 of 1984
Article 1, Chapter 2 of Decision No. 036-JD of December 22, 1986, adopting the Licensing Regulations for Aeronautic Personnel
Article 642(a) of Fiscal Code of the Republic of Panama, approved by Law No. 8 of January 27, 1956, modified by Law No. 20 of August 11, 1994, which modifies certain Fiscal Code articles and adopts other provisions
Articles 3 and 4 of Executive Order No. 6 of July 8, 1999, real estate agent
Article 198 of Law No. 23 of July 15, 1997, approving the WTO Agreement; Panama’s Accession Protocol to this Agreement, including its annexes and schedules of commitments; adjusting internal legislation to international standards; and enacting other provisions
Articles 2, 3 and 4 of Law No. 22 of January 30, 1961, related to professional agricultural services
Articles 4 and 16 of Cabinet Decree No. 362 of November 26, 1969, nutritionist and dietician
Article 5 of Law No. 34 of October 9, 1980, phono-audiologist, speech and language therapist, and audiometrician or audiology technician
Articles 1 and 8 of Law No. 3 of January 11, 1983, veterinary medicine
Article 1 of Cabinet Decree No. 196 of June 24, 1970, establishing requirements to obtain a medical licence to freely practice medicine and other related professions
Decision No. 1 of January 26, 1987, by which the Technical Health Board classifies acupuncture as a technique that may only be practiced by medical and dental professionals in Panama
Articles 3 and 4 of Decree No. 32 of February 17, 1975, medical assistant
Article 1 of Law No. 22 of February 9, 1956, odontology
Article 10 of Cabinet Decree No. 16 of January 22, 1969, regulating medical interns, residents, specialists and odontologists and creating the positions of General Practitioner and Medical Consultant
Article 3 of Decision No. 1 of March 14, 1983, approving the Regulations for Odontological Specializations
Article 2 of Law No. 21 of August 12, 1994, dental assistant
Articles 37, 108, 197 and 198 of Law No. 66 of November 10, 1947, approving the Health Code
Article 9 of Law No. 1 of January 6, 1954, regarding the profession of licensed nurses, giving stability to this profession and regulating the pension for retired nurses
Article 3 of Law No. 74 of September 19, 1978, clinical laboratory worker
Article 4 of Law No. 48 of November 22, 1984, assistants and support personnel working in clinical laboratories run by the Ministry of Health and the Social Security Fund and Foundation and regulating this profession
Articles 7, 13 and 15 of Law No. 47 of November 22, 1984, physiotherapy and/or kinesthesiology
Article 2 of Decree Law No. 8 of April 20, 1967, chiropractor
Article 6 of Law No. 42 of October 29, 1980, medical radiology technician
Article 6 of Law No. 13 of August 23, 1984, specialists in medical records and health statistics who are employed by public health agencies, regulating their pay scale, and establishing other provisions (assistants to medical records and health statistics specialists, medical record technicians and health statistic technicians)
Decision No. 1 of April 15, 1985, orthopedic and nuclear medicine technicians
Decision No. 2 of June 1, 1987, neurophysiology technician, encephalographic technician, and electro-neurography or evoked potentials technician
Decision No. 1 of February 8, 1988, occupational health technician
Article 2 of Decision No. 10 of March 24, 1992, respiratory therapy technician or respiratory inhalotherapy technician
Article 3 of Decision No. 19 of November 12, 1991, prosthetic-orthotic technician
Article 2 of Decision No. 7 of December 15, 1992, regulating the practice of histology and the professions of histology assistant and cytology assistant
Article 2 of Decision No. 50 of September 14, 1993, radiological health technician
Article 2 of Decision No. 1 of January 21, 1994, cardiovascular perfusion technician
Article 2 of Decision No. 2 of January 25, 1994, technician and assistant technician in medical information technology
Article 2 of Decision No. 4 of June 10, 1996, assistant technician in medical radiology
Article 3 of Decision No. 5 of June 10, 1996, by which the Ministry of Health recognizes the profession of emergency medical technician
Article 3 of Decision No. 1 of May 25, 1998, specialist in emergency surgery
Article 3 of Decision No. 2 of May 25, 1998, technician in human genetics
Article 35 of Law No. 24 of January 29, 1963, creating the National Pharmaceutical Board and regulating 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, creating the Technical Commission and regulating the professions of barber and cosmetologist
Articles 4 and 5 of Law No. 15 of January 22, 2003, orthophedic 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, water lifesaving
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
Description: Cross-Border Trade in Services
A person practicing a profession listed in the Measures of this Reservation must be a Panamanian national.
Sector:
Business Services
Sub-sector:
Professional Services – Architects and Engineers
Industry Classification:
Type of Reservation:
National Treatment (Article 10.03)
Most-Favoured-Nation Treatment (Article 10.04)
Local Presence (Article 10.06)
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 257 of September 3, 1965
Description: Cross-Border Trade in Services
- Only a holder of a certificate of qualification issued by the Technical Board of Engineers and Architects may practice as an engineer or architect. The Technical Boardmay grant such a certificate to:
- a Panamanian national;
- a foreign national who is married to a Panamanian national or who is the parent of a child who is a Panamanian national; or
- a foreign national licensed to practice in a jurisdiction that allows Panamanian nationals to practice as engineers or architects under the same conditions.
- The Technical Board may also authorize an enterprise to contract with an architect or engineer who is a foreign national for up to 12 months if there is no Panamanian qualified to supply the service in question. In that case, the enterprise must employ a qualified Panamanian national during the period of the contract who will replace the foreign national when the contract ends.
- Only an enterprise registered with the Technical Board may supply engineering or architectural services in Panama. To register:
- the enterprise must have a corporate domicile in Panama, unless an international agreement provides otherwise; and
- the persons employed by the enterprise who are responsible for supplying the services must be qualified to perform those services in Panama.
Sector:
Telecommunication Services
Sub-sector:
Industry Classification:
Type of Reservation:
Market Access (10.05)
Measures:
Law No. 17 of July 9, 1991
Law No. 5 of February 9, 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 Panama, S.A.)
Concession Contract No. 309 of October 24, 1997 between the State and Cable Wireless Panama, S.A
Executive Decree No. 58 of May 12, 2008
Concession Contract No. 10-2008 of May 27, 2008 between the State and Digicel Panama, S.A.
Concession Contract No. 11-2008 of May 27, 2008 between the State and Claro Panama, S.A.
Description: Cross-Border Trade in Services
Cellular mobile telephone services are provided exclusively by four operators who have been granted concessions by the State.
Sector:
Telecommunication services
Sub-sector:
Industry Classification:
Type of Reservation:
Local Presence (Article 10.06)
Measures:
Law No. 31 of February 8, 1996
Executive Decree No. 73 of April 9, 1997
Description: Cross-Border Trade in Services
A telecommunication service supplied directly to users in Panama may only be supplied by a person domiciled in Panama.
Sector:
Trade Services; Hotel and Restaurant Services
Sub-sector:
Hotel and Restaurant Services
Industry Classification:
CPC 643 Beverage Serving Services for Consumption on the Premises
Type of Reservation:
Market Access (Article 10.05)
Measure:
Law No. 55 of July 10, 1973
Description: Cross-Border Trade in Services
A licence will not be granted for the operation of a bar in a district in Panama when the number of existing bars in that district exceeds the proportion of one per one thousand inhabitants, according to the latest official population census.
Sector:
Community, Social and Personal Services
Sub-sector:
Recreational, Cultural and Sporting Services
Classification:
CPC 96492 Gambling and Betting Services
Obligations Concerned:
Market Access (Article 10.05)
Level of Government:
Central
Measure:
Article 297 of the 1972 Constitution
Description: Cross-Border Trade in Services
Only the Government of Panama may operate games of luck and chance or other gambling activities in Panama.
Sector:
Communication Services
Sub-sector:
Postal Services
Industry Classification:
CPC 7511 Postal Services
Type of Reservation:
Market Access (Article 10.05)
Measures:
Article 301 of the Fiscal Code of the Republic of Panama approved by means of Law No. 8 of January 27, 1956, modified by Law No. 20 of August 11, 1994
Description: Cross-Border Trade in Services
Only the Government of Panama may operate postal services in Panama.
Sector:
Ports and Airports
Sub-sector:
Industry Classification:
Type of Reservation:
Market Access (Article 10.05)
Local Presence (Article 10.06)
Measures:
Decree Law No. 7 of February 10, 1998
Law No. 23 of January 29, 2003
Description: Cross-Border Trade in Services
The executive branch of the Government of Panama has the discretion to determine the number of concessions for national ports and airports and may require the concessionaire to appoint a legal representative in Panama.
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