Draft bill 269.

Summary.

The draft bill proposes adding to Title XIV of the Criminal Code (Código Penal), which concerns offenses against the legal personality of the State, a chapter on offenses against the legal and operational security of the Panama Canal. Its first article would establish that chapter, while the following articles set out the relevant conduct. The article specifying the amendments reiterates the addition of the chapter and Articles 439-A and 439-B to the Criminal Code.

Proposed Article 439-A would impose fifty (50) years’ imprisonment on a person who, by act or omission, fault, negligence or failure to observe a duty of care, consents to, yields, promises, commits to, authorizes, facilitates, incites, conspires, promotes or collaborates so that another person takes possession of territory assigned to the operation of the Panama Canal. That other person may be a natural or legal person governed by private or public law, or both. The seizure may be partial or total, material, virtual, computerized or telematic, and may occur through documents or through an in-person or physical act. The territory described includes the watershed, adjacent areas, and airspace, underground spaces and navigation areas used to enter and leave the locks of the interoceanic waterway.

Proposed Article 439-B would apply the preceding conduct to persons acting inside or outside the national territory, pursuant to Articles 19 and 20 of the Criminal Code. It would also treat actions by an offender conveyed through information in physical documents, telematic or virtual media, or social networks as a basis for initiating criminal prosecution. Covered forms of expression include speech, writing, gestures, symbols, icons, braille, sign language, signs, emoticons and other forms of communication understandable to people. The provision addresses communications that suggest, request, promote, initiate, conspire toward or urge the seizure or control of the Panama Canal, its administrative or operational jurisdiction, and areas adjoining its watershed. It refers to the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal and the Panama Canal Treaty, known as the Torrijos–Carter Treaties of September 7, 1977. It includes acts carried out directly or through another person, under verbal or legal authorization or through a civil or legal representative, from Panama (Panamá) or outside its continental territory, on land, in the air or water, underground or in outer space.

The draft bill provides that the proposed law would take effect on the day after its promulgation. Its subject matter concerns public authorities responsible for criminal prosecution and Panama Canal operations, as well as persons and entities involved in navigation, watershed management and communications.