Summary.
The draft bill amends Article 6 of Law 90 of November 7, 2013, which authorizes the creation of Empresa Mercados Nacionales de la Cadena de Frío, S.A. and establishes its regulatory framework. The reproduced provision retains part of the list of Board members and addresses meetings and attendance allowances. It proposes that the Board meet once a month or when called by its chair, the general manager, or a majority of its principal members. Each member would receive a minimum allowance of three hundred fifty balboas (B/. 350.00) for each Board meeting attended. State ministers, general managers, and officials of the Comptroller’s Office (Contraloría) would receive no allowance for participating in the Board.
The amendment to Article 7 establishes qualifications for principal and alternate Board members. Candidates must be Panamanian nationals and at least twenty-five years old when appointed. They must hold a recognized university degree, at least at bachelor’s level, in one of the listed fields: Law, Business Administration or Compliance, Public Administration, Engineering, Accounting, or Finance. The provision also requires at least five years of professional experience and standing, together with at least five years in administrative positions involving responsibility, administration, and compliance in the public or private sector. Candidates could not have been convicted of the offenses specified in the article or disqualified from public office in the Republic of Panama or another country.
Article 7 also restricts ties to the director general, the president of the Republic, and other Board members, including spousal ties. It restricts links to affiliated or subsidiary companies or companies that contract with the State, as well as the involvement of relatives within the fourth degree of consanguinity or second degree of affinity in those activities. Members must submit a sworn asset declaration at the beginning and end of their term. Article 2 further adds Article 7-A to Law 90 of November 7, 2013. Under that provision, Board members may not hold an economic interest in companies or services that enter into contracts and offer obligations connected with the functions described in the law.
The National Assembly (Asamblea Nacional) would prepare a consolidated text of Law 90 of November 7, 2013 incorporating the proposed provisions, with continuous numbering beginning at Article 1 and elements of legislative drafting, and would order its publication in the Official Gazette. The draft bill reiterates the amendments to Articles 6 and 7 and the addition of Article 7-A. It provides that the resulting law would take effect on the day after its promulgation in the Official Gazette. Its subject matter relates to the National Assembly, the Comptroller’s Office, and the Republic of Panama, and may interest the agri-food market management, cold-chain, public administration, and state contracting sectors.
What it proposes.
- Board composition, meetings, and attendance allowances at Empresa Mercados Nacionales de la Cadena de Frío, S.A.
- Qualifications and restrictions for principal and alternate Board members.
- Directors’ conflicts of interest and sworn asset declarations.
Who it would affect.
- Principal and alternate members of the Board of Directors of Empresa Mercados Nacionales de la Cadena de Frío, S.A.
- Candidates for membership on that Board.
- State ministers, general managers, and officials of the Comptroller’s Office who participate in the Board.
Key points.
- The Board would meet monthly or when called by its chair, the general manager, or a majority of its principal members.Art. 1
- Each member would receive a minimum allowance of B/. 350.00 per meeting attended; state ministers, general managers, and Comptroller’s Office officials would be excluded.Art. 1
- Principal and alternate members would have to meet nationality, age, university education, and professional experience requirements.Art. 2
- The bill establishes disqualifications concerning convictions, exclusion from public office, personal relationships, and ties to companies involved in state contracting.Art. 2
- Members would submit a sworn asset declaration at the beginning and end of their term and could not hold the economic interests described in the new Article 7-A.Art. 2
- The National Assembly would prepare and order publication of a consolidated text of Law 90 of November 7, 2013, with continuous numbering and the proposed provisions.Art. 3
- The draft bill identifies the amendments to Articles 6 and 7 and the addition of Article 7-A, and sets commencement for the day after promulgation.Arts. 4-5