Bill 359.

Summary.

The bill proposes to amend Article 26 of Decree Law 8 of 2006, which sets the qualifications for the offices of Director General and Deputy Director General. A person holding either office would have to be a Panamanian national and have reached thirty years of age. A person convicted by a competent authority of an intentional or negligent property-related offense, an offense connected with drug trafficking or money laundering, an electoral offense, or an offense against the Public Administration would be ineligible.

For education, the proposed provision would require a recognized university degree at no less than a Licenciatura level in Law, Public Administration, Economics or Finance, Human Resources, business management or a related field. It would also require at least five years of work experience in workforce training or in business or public management or administration. These qualifications would apply to both the Director General and the Deputy Director General, including the masculine and feminine forms used for each title in the Spanish text.

The proposed Article 26 would also bar a person from either office if they are connected to businesses or companies that contract with the State. The restriction would extend to a person whose relatives within the fourth degree of consanguinity or second degree of affinity are involved in those activities. It therefore addresses both the officeholder’s own connection with such businesses or companies and the participation of relatives within the specified degrees of kinship.

Within Article 1, the bill further proposes to add Article 26-A to Decree Law 8 of 2006. Headed “Conflict of interest,” the provision would prohibit the Director General and Deputy Director General from holding any economic interest in businesses or services that engage in contracting and offer obligations inherent to the functions described in the legislation. The rule applies to the holder of either office and concerns economic interests in the businesses or services described by the proposed article.

Article 2 states that the bill amends Article 26 and adds Article 26-A to Decree Law No. 8 of February 15, 2006, which restructures the vocational training, workforce training and business management training system and establishes other provisions. Article 3 provides that the proposed law would take effect on the day following its promulgation in the Official Gazette.

The bill concerns the public administration responsible for vocational training, workforce training and business management training, as well as the State in its role as a contracting party. Its provisions could affect applicants for the Director General and Deputy Director General posts, people holding those posts, relatives within the stated degrees of kinship, and the businesses, companies or services involved in the contracting activities described.