Bill 307.

Summary.

The bill establishes a framework to promote, protect, and develop Panamanian crafts as an expression of cultural heritage, in accordance with the Constitution of the Republic. It recognizes artisans as bearers of traditional knowledge and amends the definitions of craft activity, handicrafts, craft enterprise, master artisan, workshop, certificates, and identity card. It distinguishes handicrafts from mass-produced industrial goods and craft-style handwork; it also defines artisanal food products and promotional items, which must indicate their place of origin. Enterprises registered in the micro, small, and medium-sized enterprise registry that receive benefits under Law 33 of 2000 would have to join the National Registry of Artisans (Registro Nacional de Artesanos) after the 2-year period provided for in the text has elapsed.

The National Directorate of Handicrafts (Dirección Nacional de Artesanías) would coordinate, provide training, promote, regulate, and oversee the display and sale of handicrafts. It could penalize the presentation of non-craft products as handicrafts. The Interinstitutional Commission on Handicrafts (Comisión Interinstitucional de Artesanías) would include representatives of the National Customs Authority (Autoridad Nacional de Aduanas), the Ministry of Commerce and Industries (Ministerio de Comercio e Industrias), and the craft sector. The bill sets rules for convening its meetings, quorum, voting, alternates, and technical secretariat, and assigns it the evaluation of programs and projects connected with the registry.

The National Registry of Artisans would operate as a department of the National Directorate of Handicrafts and issue accreditations. Registration would be required to access the law’s benefits. Applicants would demonstrate their technique in person before experts; recognition as a master artisan could begin upon application or on the authorities’ own initiative. Craft enterprises would have to make and sell their own products manufactured in the Republic of Panama, without acting as intermediaries or selling industrial or resale goods. Registration would last 5 years and require renewal, which could also be initiated by the authorities. The Directorate could inspect the information declared. An evaluation committee would assess demonstrations for initial accreditation or the addition of craft categories, with monthly sessions, participation by a master artisan or expert, and training for unsuccessful applicants. The accreditation certificate would be issued free of charge at the interested party’s request.

Registered persons would have to report changes to their records, including cessation of activity, within 3 months. Grounds for cancellation would be added for using an identity card to obtain space as an organizer without selling one’s own products and for lending a credential to third parties. Registration would allow inclusion in the directory and participation in fairs and events. Artisans registered as individuals could voluntarily join the Social Security Fund (Caja de Seguro Social) under the contribution conditions described in the bill.

To promote direct sales, the Directorate would coordinate measures with tourism, export, local, and indigenous regional authorities. Entities and organizations providing craft training would have to coordinate it in advance with the Directorate and use accredited master artisans. The directory would be published through official electronic channels. The Panama Tourism Authority (Autoridad de Turismo de Panamá) would include handicrafts in its plans and campaigns. Periodic exhibitions would be organized across the provinces, with designated spaces for artisans; the National Handicrafts Fair would be held once a year. Competitions for registered persons are also provided for. The Certificate of Authorship could be used to initiate procedures before the Directorate General of the Industrial Property Registry (Dirección General del Registro de la Propiedad Industrial).

Artisans would have to carry their identity card, certificate, or proof of renewal when practicing their craft. A certificate of origin would establish authorship of a specific piece, and a register of individual signatures or marks would be kept. The bill restricts imports of handicrafts, souvenirs, and imitations of traditional objects and dress, requires the foreign origin of goods to be visibly identified, and prohibits the importation of imitations of the sombrero pintado and its improper use. The National Customs Authority would report seizures. The State and artisans would develop sustainable practices for obtaining and using natural raw materials.

The Directorate would receive complaints, investigate, and impose penalties through reasoned decisions. Fines range from 500 balboas (B/.500.00) to 5,000 balboas (B/. 5,000.00), and from 5,001 balboas (8/.5,001.00) to 10,000 balboas (8/. 10,000.00), depending on the offense. Repeat offenses could lead to cancellation of registration or a request to cancel the business operating notice. The Ministry of Culture’s Enforcement Court (Juzgado Ejecutor) would collect the fines, which would be allocated to training and the conservation of raw materials. The Ministry of Economy and Finance (Ministerio de Economía y Finanzas) would provide for budgetary resources. The text calls for implementing regulations within 6 months, a consolidated text prepared by the National Assembly (Asamblea Nacional), the repeal of Law 23 of 1997, and entry into force upon publication in the Official Gazette.

By its subject matter, the bill concerns the Ministry of Culture, the National Directorate of Handicrafts, the National Registry of Artisans, the Interinstitutional Commission on Handicrafts, the National Customs Authority, the Ministry of Commerce and Industries, the Panama Tourism Authority, the Social Security Fund, the Ministry of Economy and Finance, and the National Assembly. It may also be of interest to artisans, craft organizations and enterprises, merchants, importers, tourism operators, training providers, and communities that use natural raw materials.