Bill 66.

Summary.

The bill approves in full the convention between the Government of the Republic of Panama (Gobierno de la República de Panamá) and the Government of the French Republic (Gobierno de la República Francesa). The parties would provide assistance in proceedings concerning offenses punishable by the requesting party’s judicial authorities. The execution of arrest and extradition decisions, the enforcement of criminal sentences without prejudice to confiscation, and certain military offenses fall outside its scope. Assistance may be given even where the conduct is not an offense in the requested party, subject to limits on searches, seizures, confiscation and other coercive measures. Bank secrecy and differences in corporate criminal liability would not justify refusal. Assistance covers service of documents, evidence, tracing, appearances, transfers, measures concerning assets, videoconferencing, banking information and investigative techniques.

The requested party could refuse a request on grounds involving essential interests, a final decision concerning the same conduct, limitation periods, political offenses or confiscation unavailable under its law. It could not refuse solely because an offense is classified as fiscal or because tax, customs or foreign exchange rules differ. It could defer execution if an ongoing proceeding would be affected; before refusing or deferring, it would consider granting assistance subject to conditions and communicate the reasons for its decision. The Ministry of Government (Ministerio de Gobierno) and the Ministry of Justice (Ministerio de Justicia) would serve as Central Authorities. In the Republic of Panama (República de Panamá), the Public Prosecutor’s Office (Ministerio Público) would be a competent authority. Requests would identify the authority, facts, persons, measures and requested time limits. Written records, including electronic exchanges between Central Authorities, would be accepted, together with a translation into the requested party’s official language. Documents transmitted by competent authorities would require no legalization.

The convention addresses confidentiality of requests and confines use of information and evidence to the stated purpose unless the requested party authorizes another use. Measures would be executed under that party’s law, with regard to notified procedural deadlines and applicable safeguards. Supplementary requests and rules for serving judicial documents, proving service and locating persons or objects are also provided. Summonses to appear would be transmitted at least forty (40) days before the appearance date, unless the period is waived in urgent circumstances.

Witnesses and experts would be invited to appear voluntarily before the requesting party, with information about expenses and safeguards and without threats of sanctions for nonappearance. A summoned person would be protected against action concerning earlier matters outside the summons; that protection would end under the specified conditions after an uninterrupted period of fifteen (15) days. Temporary transfers of detained persons would require written consent and an agreement on their terms. The initial period would be up to one hundred and eighty (180) days; a reasoned extension request would be submitted no later than thirty (30) days before expiry. Detention would continue, and time spent detained after transfer would be credited.

The parties could cooperate on searches, seizures and enforcement of confiscation decisions under the requested party’s law. The convention governs tracing and preserving assets, possible restitution to victims or lawful owners, sale and expenses. As a rule, recovered property or amounts would be shared equally after the prescribed deductions; proceeds of corruption would be returned in full to the requesting party. It also sets conditions for testimony by videoconference, requests for banking information and transaction monitoring, and nondisclosure to customers and third parties of the transmission of banking data.

Controlled deliveries, undercover investigations and requests to intercept telecommunications are contemplated, subject to the requested party’s decisions and law. The convention allocates criminal responsibility and liability for damage caused by officials participating in the first two measures. It governs criminal record requests, communications about convictions, reports seeking the initiation of criminal proceedings and spontaneous exchanges of information. In proceedings initiated through such reports, it bars seeking or applying the death penalty or cruel and inhuman treatment. Transferred personal data would be subject to limited uses, security measures and effective legal remedies for exercising rights concerning the data.

The requested party would bear ordinary expenses, with specified exceptions borne by the requesting party and consultations on extraordinary costs. The Central Authorities would consult on implementation; disputes would be settled through diplomatic negotiations. The convention allows amendments, would apply to requests submitted after its entry into force, and sets the required notifications and termination procedure. The approving law would take effect upon promulgation. Its provisions concern the two governments’ justice and international cooperation authorities and could affect banks, fiduciary entities, witnesses, experts and persons involved in criminal proceedings.