Summary.
The bill amends the functions of the National Directorate of Agricultural Quarantine (Dirección Nacional de Cuarentena Agropecuaria) within the Ministry of Agricultural Development (Ministerio de Desarrollo Agropecuario), as set out in Article 51 of Law 23 of July 15, 1997. The technical measures it may apply include sampling, laboratory analysis, detention, treatment, isolation, post-entry quarantine, rejection, return to the country of origin, re-export, seizure, destruction and release into the environment, in accordance with applicable laws. When any of these measures must be applied, the importer or owner would bear the expense.
For the performance of treatments, the bill provides that the Quarantine Directorate (Dirección de Cuarentena) would either carry them out directly or authorize specialized nongovernmental organizations duly registered in the Republic of Panama (República de Panamá) to work jointly with it. Their participation would be subject to the Directorate’s regulation and oversight and to the technical and sanitary requirements established by the Ministry of Agricultural Development.
The bill also amends Article 55 of Law 23 of 1997. Revenue collected for services provided by the Executive Directorate of Agricultural Quarantine (Dirección Ejecutiva de Cuarentena Agropecuaria) would enter a common fund outside the State’s single treasury account system and administered directly by that Directorate. The fund could be operated in coordination with a national or international nongovernmental organization with an established record and proven experience in the region. Revenue from these services would be used exclusively to cover expenses associated with providing them.
The fund’s administrative, financial, accounting and legal systems and controls would be established jointly by the Ministry of Agricultural Development, through the Executive Directorate of Agricultural Quarantine, and the relevant nongovernmental organization. The provision addresses verifiable management of resources, mandatory annual settlements, budget execution and accountability. It further provides for the Ministry to establish financial, accounting and legal systems and controls under its own parameters for the service’s operating expenses, whether the service is provided through the Directorate or with the nongovernmental organization, with the corresponding annual settlements. The funds would be subject to the Ministry’s internal audit rules and to oversight and control by the Office of the Comptroller General of the Republic (Contraloría General de la República). The Executive Directorate of Agricultural Quarantine would have to comply with procedures for legalizing foreign public documents.
The bill provides for entry into force on the day following promulgation in the Official Gazette and reiterates the amendments to Articles 51 and 55. Its provisions concern the Ministry of Agricultural Development, its quarantine offices and the Office of the Comptroller General of the Republic; they could affect importers, owners of goods subject to quarantine measures and nongovernmental organizations participating in the services.
What it proposes.
- Implementation of technical agricultural quarantine measures.
- Costs of treatments and other measures applied.
- Administration and oversight of revenue from quarantine services.
Who it would affect.
- Agricultural quarantine offices within the Ministry of Agricultural Development.
- Importers and owners subject to technical measures.
- Specialized nongovernmental organizations participating in treatments or fund operations.
Key points.
- Adds provisions on technical agricultural quarantine measures to Article 51 of Law 23 of July 15, 1997.Art. 1
- Assigns the costs of necessary technical measures to the importer or owner.Art. 1
- Allows specialized, registered nongovernmental organizations to participate jointly in treatments under the Quarantine Directorate’s regulation and oversight.Art. 1
- Places revenue from quarantine services in a common fund administered by the Executive Directorate of Agricultural Quarantine outside the State’s single treasury account system.Art. 2
- Restricts use of the revenue to service costs and permits coordination with a nongovernmental organization to operate the fund.Art. 2
- Provides for controls, annual settlements, internal audits and oversight of the funds by the Office of the Comptroller General of the Republic.Art. 2
- Requires the Executive Directorate of Agricultural Quarantine to comply with procedures for legalizing foreign public documents.Art. 2
- Sets entry into force for the day after promulgation in the Official Gazette and reiterates the amendments to Articles 51 and 55.Arts. 3-4