Bill 155.

Summary.

Article 1 proposes to replace Article 51 of Law 23 of July 15, 1997, defining the duties of the Executive Directorate of Agricultural Quarantine (Dirección Ejecutiva de Cuarentena Agropecuaria). It would apply technical regulations (DGNTI) to imports of covered food and agricultural products and by-products at air terminals, seaports, border posts and other entry points, in coordination with the National Customs Authority (Autoridad Nacional de Aduana). It would also organize, oversee and carry out animal health and plant health activities concerning imports and exports of animals, plants, products and by-products, equipment previously used in agricultural production, agricultural chemicals and other goods for agricultural or animal use. Packaging, passengers’ baggage and postal packages would fall within that scope.

The Directorate would inspect and control agricultural quarantine at entry points and internal checkpoints. It would apply rules governing the movement of animals, plants and agricultural products within Panama for plant and animal health purposes, along with statutory import and export requirements. The bill would assign it responsibility for publicizing and enforcing quarantine provisions, coordinating with state agencies on measures issued by the national animal health and plant health directorates, and issuing plant health and animal health licenses for imports and goods in transit.

The same article would allow the Directorate to place security seals, maintain physical custody and order quarantine treatment of shipments being moved, transiting or transshipped when they pose a risk to animals or plants. It could inspect aircraft, ships and land vehicles entering the country and order their cleaning or disinfection. It would also apply technical measures provided for in existing laws, including sampling, laboratory analysis, detention, treatment, isolation, quarantine, rejection, return to the country of origin, re-export, confiscation and destruction. Importers or owners would bear the costs of those measures. The Directorate would also handle complaints, impose penalties, decide administrative appeals, recommend service fees to the Ministry of Agricultural Development (Ministerio de Desarrollo Agropecuario), and establish or reorganize quarantine areas.

Article 2 proposes to replace Article 56, requiring the Directorate to coordinate inspections and verification with the National Customs Authority (Autoridad Nacional de Aduanas). If it determines that food and agricultural products covered by technical regulations (DGNTI) fail to meet technical sanitary requirements, it would deny their entry into the national commercial territory regardless of origin. The provision refers to the World Trade Organization (Organización Mundial del Comercio) rules on technical barriers to trade and chapter 7 of the Trade Promotion Agreement between the United States and Panama, ratified by Law No. 53 of December 13, 2007. Article 3 identifies the amendments to Law No. 23 of July 15, 1997, which approves the Marrakesh Agreement and Panama’s Protocol of Accession; Article 4 sets commencement for the day after promulgation.

The bill concerns agricultural quarantine, customs and agricultural development authorities. Its provisions could affect importers, exporters, agricultural producers, carriers, and operators of ports, airports and border crossings.