Bill 410.

Summary.

The bill proposes to regulate lobbying by making public efforts to influence decisions by public officials. Lobbying before state entities and branches would be permitted during working hours only for license holders. Before the Judicial Branch (Órgano Judicial) and the Public Prosecution Service (Ministerio Público), meetings could concern only administrative matters and could not address issues that might affect judicial decisions. Information shared at lobbying meetings would be public, and the National Authority for Transparency and Access to Information (Autoridad Nacional de Transparencia y Acceso a la Información) would publish a register identifying participants, professional groups, associations, and institutions. The bill defines lobbying, lobbyist, meeting, public register, and covered public official, who must report information arising from meetings they grant.

Those reporting duties would reach the listed officials, including Executive Branch authorities, members of boards connected with public funds or institutions, local authorities, legislators, judges, prosecutors, and magistrates of the Supreme Court of Justice (Corte Suprema de Justicia), Electoral Tribunal (Tribunal Electoral), Court of Accounts (Tribunal de Cuentas), Tax Administrative Tribunal (Tribunal Administrativo Tributario), and Public Service Administrative Tribunal (Tribunal Administrativo de la Función Pública). Covered lobbying concerns decisions on administrative acts, laws, National Assembly (Asamblea Nacional) agreements, contracts, and public policies, including efforts to prevent their adoption. Subject to the stated conditions, exclusions cover statements at public events, requests for the status of proceedings, information requested by authorities, certain submissions in proceedings, contracted advisory work, and appearances before National Assembly committees; the latter must be recorded.

Lobbyists would have to observe honesty, transparency, and regard for the social interest. They would identify those they represent, disclose whether they are paid, identify whoever hired them, provide accurate information, follow the authority’s ethics rules, protect confidential information obtained through their work, and file reports every six months. They could not donate money or goods to public officials. To obtain a license, Panamanian applicants would submit identification, contact details, a client list, a sworn declaration of conflicts of interest, and the specified criminal record certificates. Requirements would be updated annually or when additional clients are represented. The Authority for Transparency and Access to Information (Autoridad de Transparencia y Acceso a la Información) would grant the license by resolution and issue an identification card; registration and the card would be renewed every five (5) years. A conflict of interest would prevent a meeting with the affected official. The bill bars, among others, foreign persons, public officials, recipients of public funds, persons convicted of intentional offenses, certain relatives of covered officials, and state contractors from acting as lobbyists.

The authority would supply entities with the list of registered lobbyists and administer a centralized website for meeting requests. The receiving entity could accept or reject a request or set another date. The public register, available online and in physical form subject to personal data protection under Law 81 of March 26, 2019, would include participants, objectives, ultimate beneficiaries, documents, expenses, gifts, and meeting details. The authority would prepare forms, issue credentials, establish administrative penalties, and, where warranted, report offenses to the Public Prosecution Service. Following an investigation, it could permanently cancel a license on the specified grounds and fine public officials up to fifty percent (50%) of their monthly salary; the procedure would follow Law 33 of 2013. The National Authority for Transparency and Access to Information would prepare a mandatory public manual of good lobbying practices. The bill would repeal Resolution No. 3 of September 2, 1998, governing lobbying before the Legislative Assembly (Asamblea Legislativa), and take effect the day after its promulgation in the Official Gazette.

In the Republic of Panama (República de Panamá), these provisions concern the transparency authorities, the National Assembly, the Judicial Branch, and the Public Prosecution Service, as well as representatives of professional groups, associations, companies, and other interest groups seeking to influence public decisions.