Bill 300.

Summary.

The bill seeks to protect and promote national handicraft production through controls on imported products that imitate or substitute for Panamanian handicrafts. It defines handicrafts by their manufacture within the national territory, the use of manual techniques and distinctive elements connected with cultural identity, folklore, traditions and history. It also defines handicraft activity, domestically produced goods, the handicraft industry, offenders, manual crafts, substitute products, handicraft workshops and conditional import restrictions. Handicraft activity includes production and direct sales by artisans, handicraft businesses and artisan organizations.

Art. 3 would prohibit imports into the Republic of Panama of products that imitate, substitute for, or directly compete with goods produced by artisans or made domestically. The prohibition covers articles whose form, design, use or cultural content could cause confusion with traditional Panamanian products, affect their sale or harm the economic activity of local artisans and producers. The article lists the covered products, including garments and accessories imitating polleras, molas, traditional motifs or Ngäbe Buglé elements; hats and braids made of plant fiber; baskets, bags, chácaras and motetes; wood, leather, ceramic and pottery articles; costume jewelry, tembleques, diablico masks and reproductions of national pre-Columbian ceramics. The list includes tagua seeds and makes exceptions for walking sticks used for medical purposes and specialized saddles for racehorses.

The Ministry of Culture (Ministerio de Cultura) would publish and update every two years the list of products whose importation is subject to control. Before each update, the bill requires participatory consultation with artisan guilds and associations and a technical assessment, following the citizen participation criteria set out in existing law. The Ministry of Culture and the National Customs Authority (Autoridad Nacional de Aduanas) would be responsible for inspection, oversight and enforcement of the proposed provisions.

Unauthorized importation of protected products would carry a fine of B/. 1,000.00 to B/. 10,000.00 balboas, according to repeat violations and the value of the goods, together with seizure and destruction of the goods under environmental criteria. The Ministry of Culture would maintain a Register of Offenders covering individuals and legal entities. The bill would repeal Law 21 of January 30, 1967 and any other conflicting provision. It directs the Executive Branch (Órgano Ejecutivo) to issue implementing regulations within a maximum of six months after promulgation and provides for entry into force one year after publication in the Official Gazette (Gaceta Oficial).

The public bodies connected with the bill are the Ministry of Culture, the National Customs Authority and the Executive Branch; the text is submitted to the National Assembly (Asamblea Nacional). Its provisions could concern artisans and their organizations, domestic producers, importers, merchants, and the garment, textile, leather, wood, plant fiber, ceramics, pottery and costume jewelry sectors.