Summary.
The draft bill amends Article 6 of Law 51 of June 28, 2017, which governs road freight transport. It proposes that cargo originating in bonded warehouses, free zones, ports, special economic zones, airport zones, customs premises and other facilities controlled by the National Customs Authority of the Republic of Panama (Autoridad Nacional de Aduanas de la República de Panamá) may be moved only by duly authorized domestic carriers. The rule would cover overland transport within Panama and cargo intended for international overland transport.
The proposed Article 6-A would allow international carriers to transport international overland cargo to their country of origin if the cargo has been cleared for domestic circulation or is locally manufactured, and that country grants Panamanian carriers equal rights and conditions. If an unforeseen event, force majeure, accident, mechanical failure, emergency or another duly justified circumstance prevents the international carrier from continuing, a duly authorized and qualified domestic carrier must replace it. The competent authority must approve the replacement when applicable rules require it. Its sole purpose is to complete the originally authorized operation safely.
Article 6-B would prohibit transfers, transshipments, vehicle or carrier changes, assignments, deliveries and changes to documents intended to bring in an unqualified carrier, alter the declared or authorized operation, or impede traceability. This prohibition includes movements to other premises, warehouses and logistics centers, whether or not they are subject to customs control, when undertaken for those purposes. It covers changes to origin, destination or route; alterations to cargo movement declarations, international cargo manifests and other documents; and delivery of goods to third parties to evade the law, its regulations or applicable international agreements.
The same article would permit changes justified by customs control, inspection, safety, accidents, emergencies and other legally justified causes, provided they are not used to evade the rules or authorizations. It requires prior approval where applicable or, if obtaining it beforehand is materially impossible, documented notification within the period set by regulations. Each change must be recorded with its cause, date, time, location, carriers, vehicles, authority involved and supporting document, as applicable. Replacing a vehicle does not itself replace the carrier. Where a carrier must be replaced, the replacement must be domestic, legally qualified and bound by the operation’s substantive conditions.
Article 6-C would bar authorities from allowing changes where there are indications of an evasive purpose. It directs the Land Transit and Transportation Authority (Autoridad del Tránsito y Transporte Terrestre), Ministry of Public Security (Ministerio de Seguridad Pública), National Border Service (Servicio Nacional de Fronteras), National Police (Policía Nacional), National Customs Authority (Autoridad Nacional de Aduanas) and National Migration Service (Servicio Nacional de Migración) to verify, inspect, enforce and prevent violations within their respective powers. It provides for joint operations, roadside checks, and documentary and physical inspections at logistics, customs and border facilities.
Article 6-D provides for information sharing and interoperable systems linking goods, declarations, manifests, carriers, vehicles, drivers, premises, routes and destinations electronically. It requires changes during transit to be recorded, substantive alterations to be identifiable, and alerts to be generated for inconsistencies or potential violations. Public officials who fail to perform their inspection and control duties may incur administrative, civil or criminal liability. The Executive Branch (Órgano Ejecutivo) must issue regulations on technological and control mechanisms within six months after promulgation. The final provision confirms the amendments to Law 51 of June 28, 2017.
The provisions concern the named public authorities and could interest or affect domestic and international carriers, operators of ports, free zones, bonded warehouses and logistics centers, and parties moving goods by road in the Republic of Panama.
What it proposes.
- Road freight transport from bonded, customs and logistics facilities.
- Reciprocity in international overland transport.
- Carrier replacements, documentation and cargo traceability.
- Enforcement and information sharing among authorities.
Who it would affect.
- Authorized domestic carriers.
- International carriers.
- Operators and participants in cargo movements from the specified facilities.
- Authorities and public officials responsible for transport controls.
Key points.
- Reserves overland movement of cargo from the listed premises and facilities to authorized domestic carriers.Art. 1
- Conditions international cargo transport to the carrier’s country of origin on domestic clearance or local manufacture of the cargo and reciprocity.Art. 2
- Requires a qualified domestic carrier to replace an international carrier unable to continue an operation because of a justified circumstance.Art. 2
- Prohibits movements, replacements and documentary changes intended to involve unqualified carriers, alter an authorized operation or impede traceability.Art. 3
- Subjects justified changes to approval or notification, recording of relevant details and preservation of the operation’s substantive conditions.Art. 3
- Requires the named authorities to prevent evasive changes and allows joint operations and inspections.Art. 4
- Provides for interoperable systems, recording of changes and alerts, and liability for failure to perform inspection and control duties.Art. 5
- Directs the Executive Branch to regulate technological, documentary and enforcement mechanisms within six months after promulgation.Art. 6