Bill 251.

Summary.

The bill establishes a fee participation scheme for consular services performed by public servants and personnel paid by the Panamanian state. It covers commercial, navigation and other services and provides for uniform fees regardless of rank, without treating them as additional salary. Work in consulates is placed on the same footing as work performed in Panama. Covered personnel include consuls, administrative staff and representatives of public institutions such as the Panama Maritime Authority (Autoridad Marítima de Panamá). Additional payment for duties inherent in their positions is prohibited.

For commercial services subject to the tariffs in Article 425 of the Tax Code (Código Fiscal), consular personnel and the consul may receive no more than five percent (5%) of total annual sums after the consulate’s operating expenses are paid. In Merchant Marine consular offices, the ceiling is ten percent (10%) for navigation services, merchant crews, maritime labor, and vessel registration and records. Personnel of public institution offices hired exclusively for those tasks would receive half the share allotted to consular personnel.

The bill excludes positions unrelated to maritime duties from Merchant Marine offices and removes personnel designated as assistant registrars from the consular payroll, without reassignment. It allows up to three (3) months to terminate the employment of Panamanian personnel and return them to Panama, and up to two (2) months to terminate foreign personnel, subject to the Labor Code (Código Laboral) or international agreements. For notarial services, it sets a maximum share of two percent (2%) and prohibits tariff increases. Personnel described as exempt from accountability within Panama, or as having another nationality, are excluded from revenue sharing. Unpaid personnel may participate if they demonstrate involvement in providing the service. The Judicial Branch (Órgano Judicial) may decide whether to set shares for judicial services.

Each office would report monthly collections, their distribution and individual shares to the Office of the Comptroller General of the Republic (Contraloría General de la República) and the Ministry of Foreign Affairs (Ministerio de Relaciones Exteriores), and, where applicable, to the Panama Maritime Authority, without prejudice to Article 482 of the Tax Code. Failure to report would bar the office or consul from receiving a share at year end. Remaining collections and commissions would be deposited with the National Treasury (Tesoro Nacional) for state investment. An accounting report would go to the Comptroller General and the Ministry of Economy and Finance (Ministerio de Economía y Finanzas), with a copy to the National Bank of Panama (Banco Nacional de Panamá). Implementing rules would address international accountability, transparency and open government.

The scheme would remain effective through June 30, 2029; from July 1, 2029, these consular fees could no longer be received. The bill repeals six named instruments and conflicting provisions, treats noncompliance as a breach of duties by the responsible consul and the relevant directorate of the Ministry of Foreign Affairs, and provides for commencement upon publication in the Official Gazette. Its subject matter concerns these public bodies, the Judicial Branch, and the commercial, navigation and maritime labor sectors.