Draft bill 26.

Summary.

The draft bill seeks to revise the selection requirements for directors, deputy directors general, administrators general, and board members of the National Land Administration Authority (Autoridad Nacional de Administración de Tierras), the Panama Tourism Authority (Autoridad de Turismo de Panamá), the National Highway Company (Empresa Nacional de Autopista CENA), the Agricultural Marketing Institute (Instituto de Mercadeo Agropecuario), the National Charity Lottery (Loteria Nacional de Beneficencia), and the Public Registry (Registro Público). Its objectives include requiring academic and professional qualifications, promoting selection on merit, strengthening transparency in appointments, and reducing discretion. It links the updating of the legal framework to the Political Constitution of the Republic of Panama and international standards.

By amending Law 59 of 2010, it requires the administrator general and deputy administrator general for land administration to be Panamanian nationals, at least 30 years old, university graduates, of proven integrity, and experienced in public administration, land administration, cadastre, or agrarian matters. It excludes anyone with a final conviction for an intentional offense or an offense against public administration. It also bars specified family relationships with national authorities, members of the National Land Council (Consejo Nacional de Tierras), and between the 2 officeholders. For the Panama Tourism Authority, it amends Decree-Law 4 of 2008: it requires applicants to be at least 30 years old, Panamanian nationals, and holders of a bachelor's degree in one of the listed disciplines; it excludes those convicted of an intentional offense, those who are bankrupt or insolvent, those related to the President or Vice President, and those with a financial interest that creates a conflict of interest involving activities regulated by the authority.

In Law 76 of 2010, the draft bill redefines the requirements for ENA's director or general manager. It requires a relevant university degree, 10 years of professional experience, at least 5 of them in specified management, supervisory, or advisory roles, use of ENA's main services, and recognized integrity. It excludes persons with specified convictions, conflicts involving contractors or concessionaires, or the family or marital relationships identified in the provision. The appointee would have to submit a sworn declaration of interests before appointment. The reference to convictions includes decisions by a competent authority in the Republic of Panama or another country.

It adds grounds for removing the directors identified in Article 7 of that law, including incapacity, conviction, failure to meet the requirements, lack of integrity, and repeated absence from board meetings. The Executive Branch or the Board of Directors could request removal, the latter by a vote of 4 members; the Office of the Comptroller General of the Republic (Contraloría General de la República) could also request it on grounds of lack of integrity. It refers to the procedure in Article 290 of the Judicial Code and allows a motion for reconsideration within 5 days of notification. It repeals Article 10 of Law 76 of November 15, 2010.

It also requires ENA's internal auditor to be a Panamanian national, of proven integrity, to hold a university degree in accounting, to have 10 years of experience, and to have none of the specified convictions. It assigns the auditor internal audits and investigations, management recommendations, and direct reporting to the Board of Directors, which could appoint, suspend, or remove the auditor; it preserves the functions of the Office of the Comptroller General of the Republic.

Under the amendment to Law 70 of 1975, the director general of the Agricultural Marketing Institute would be appointed by the Executive Branch with prior approval from the National Assembly (Asamblea Nacional) and would have to meet the stated requirements concerning age, education, integrity, absence of conflicts and family relationships, and criminal record. The addition to Law 3 of 1999 sets nationality, minimum age of 25, education, and 5 years of sector experience requirements for certain board members, with exclusions based on criminal record, family relationships, and conflicts of interest. The amendment to Cabinet Decree 224 of 1969 establishes requirements concerning a minimum age of 30, education, criminal record, financial solvency, family relationships, and conflicts of interest for the director and deputy director of the National Charity Lottery. These provisions could be relevant to the named entities and the land, tourism, highway, transportation, agricultural marketing, and lottery sectors.