Summary.
The bill proposes adding automatic mechanisms to the Panama Emprende platform to check whether a declared economic activity is compatible with the land use designated for the stated location. The checks would apply to new applications and renewals of operating notices. The platform would incorporate current zoning and land use information through an updated digital catalogue linking economic activities to the applicable urban planning classifications. When an application or renewal is submitted, the system would check compatibility and allow immediate issuance of the notice if the uses are compatible. If it finds an incompatibility, it would generate alerts or observations and include alternatives or conditions for bringing the activity into compliance where technically feasible. Implementation would preserve the expedited nature of the procedure and impose no additional administrative burden on applicants.
Information supplied by an applicant would retain the status of a sworn declaration and remain subject to subsequent verification by the competent authorities. Municipalities would retain their zoning and land use planning powers and would supply and update the information needed for the system to operate. Community Boards (Juntas Comunales) could report possible incompatibilities to the competent authorities and request that the Ministry of Commerce and Industries (Ministerio de Comercio e Industrias) review an operating notice when they have reasonable, duly substantiated grounds. Upon receiving a request, the competent authority would follow the applicable administrative procedure and safeguard the notice holder’s right to be heard. If it establishes land use incompatibility or false information, it could order suspension or cancellation of the notice.
Personal data processed under these measures would be governed by current personal data protection legislation. Within a period not exceeding seis (6) meses, the Executive Branch (Órgano Ejecutivo) would establish mechanisms for interoperability, periodic information updates and the technological changes needed for implementation, in coordination with municipalities, land use planning authorities and the Community Boards. It would also issue implementing regulations at seis (6) meses after promulgation. The bill incorporates its provisions into the framework for issuing and renewing operating notices governed by Law 35 of 2015. It provides that those provisions would apply without prejudice to that law, Law 6 of 2006, Law 81 of 2019 and other related rules. The proposed law would take effect upon promulgation.
The bill assigns roles in the proposed procedures and checks to the Ministry of Commerce and Industries, the Executive Branch, municipalities, land use planning authorities and Community Boards. Its provisions could affect or be of interest to applicants seeking new or renewed operating notices, existing notice holders, and economic activities covered by the applicable urban planning classifications.
What it proposes.
- Land use checks for applications and renewals of operating notices.
- Exchange of zoning information through Panama Emprende.
- Subsequent checks and review of notices where incompatibility is suspected.
Who it would affect.
- Applicants for operating notices and renewals.
- Holders of operating notices.
- Municipalities and authorities responsible for zoning, land use planning and notice reviews.
Key points.
- Automatic land use checks would apply to both new applications and renewals of operating notices.Art. 1
- Panama Emprende would use an updated digital catalogue to check compatibility, issue compatible notices immediately and generate alerts when uses are incompatible.Art. 2
- Applicants’ statements would remain sworn declarations subject to subsequent checks; municipalities would supply and update information for the system.Art. 3
- Community Boards could request a substantiated review; the authority would process it while safeguarding the right to be heard and could suspend or cancel a notice if incompatibility or false information is established.Art. 3
- Personal data processing would follow current law, and the Executive Branch would establish interoperability, updating and technological mechanisms within a period not exceeding seis (6) meses.Art. 4
- The provisions would be incorporated into the framework of Law 35 of 2015 and apply without prejudice to that law, Law 6 of 2006, Law 81 of 2019 and related rules.Arts. 5-6
- The Executive Branch would issue implementing regulations at seis (6) meses after promulgation, and the proposed law would take effect upon promulgation.Arts. 7-8