Draft bill 130.

Summary.

The draft bill proposes a territorial distribution of resources from the Panama Canal’s annual contributions to the National Treasury (Tesoro Nacional). It prioritizes public investment in roads, infrastructure, education, health and waste disposal, and provides for a direct financial benefit to the population after the regional investment cycle. It creates the Sustainable Investment and Citizen Development System (SISTEMA DE INVERSIÓN SOSTENIBLE Y DESARROLLO CIUDADANO, SISDEC) as a fund separate from the National Treasury. Its allocation would be calculated from the annual contribution after deducting legally established subsidies included in the budget for the immediately preceding fiscal year. The Ministry of Economy and Finance (Ministerio de Economía y Finanzas) would deposit the balance each year in an account at the National Bank of Panama (Banco Nacional de Panamá). The resources would be immune from attachment, inalienable and restricted to the stated purposes.

The fund would be administered through a trust: the Ministry of Economy and Finance would act for the State as settlor, the National Bank of Panama as trustee, and the regions and citizens as beneficiaries. The trust agreement would define transfers, project selection and financing, training, direct distribution of funds, periodic reports, external audits and supervision by the Office of the Comptroller General of the Republic (Controlaría General de la República). The ministry would set investment directions, while the bank would hold the resources and account for their use. The bill creates the Central Project Secretariat (SECRETARÍA CENTRAL DE PROYECTOS, SECPRO) to manage the assets and approve annual regional plans aligned with the General State Budget. Its board would include public officials and representatives of the Chamber of Commerce and Industries of Panama, the Panamanian Chamber of Construction and the National Council of Private Enterprise. The bill sets appointment requirements and requires annual sworn declarations of interests and assets before the Office of the Comptroller General of the Republic (Contraloría General de la República) and the Transparency and Access to Information Authority (Autoridad de Transparencia y Acceso a la Información). Failure to file would result in immediate removal and administrative penalties.

The Executive Secretariat would coordinate personnel, plans, works, inspections, disbursements and monitoring. The Planning Department (DEPARTAMENTO DE PLANIFICACIÓN, DEPLA) would identify and design projects through consultation with local governments, provincial and comarca authorities, communities, civil society and productive sectors. Its economic component would be administered by the Investment Attraction and Export Promotion Authority (Autoridad para la Atracción de Inversiones y la Promoción de Exportaciones); its technical component would include planning professionals and hold weekly meetings. The Mayor’s Office (Alcaldía) would coordinate projects with the technical team and represent Community Boards (Juntas Comunales) and Local Development Boards (Juntas de Desarrollo Locales). Consultation would also involve Rural Water and Aqueduct Boards (Juntas de Agua y Acueductos Rurales) and Indigenous authorities. Projects would be coordinated with local governments under Law 66 of 2015 (Ley 66 de 2015), while preserving their autonomy.

For investment planning, the territory would be divided into four regions: Bocas del Toro, Chiriquí, Comarca Ngabe Buglé and Comarca Naso Tjer Di; Coclé, Herrera, Los Santos and Veraguas; Colón and Panamá Oeste; and Provincia de Panamá, Comarca Guna Yala, Darién, Comarca Emberá-Wounaan, Wargandí and Madugandí. The principal allocation would proceed sequentially, one region per year. Projects would cover productive, social and environmental infrastructure, health, education, training, agroindustry, tourism, technology and small and medium-sized enterprises.

In the fifth year after entry into force and every subsequent five-year period, after the regional cycle and training programs, part of the available funds would finance a uniform dividend for Panamanians over eighteen (18) years of age on the electoral roll. SECPRO would determine the amount, and the National Bank would make payments through the authorized methods. Before distribution, free, progressive and voluntary training would address interpersonal skills, finance, entrepreneurship, economics and civic participation. The draft bill preserves Title XIV of the Political Constitution of the Republic (Constitución Política de la República) and the autonomy of the Panama Canal Authority (Autoridad del Canal de Panamá). It provides precedence over conflicting rules in the specified matters, requires the Executive Branch to issue regulations within one hundred and twenty (120) days, and sets commencement for January 1 of the fiscal year following promulgation. Its provisions concern fiscal and local authorities, public banking, construction, health and education services, waste management, agroindustry and tourism.