Customs Violations in Latin America - Panama

This is the first in a series of Loss Prevention Articles specifically dealing with Customs Violations in various Latin American countries. In the future, we will be addressing other noteworthy jurisdictions in the region.

PRELIMINARY CONSIDERATIONS:

• The legal framework for customs matters in Panama is set forth by Law 30 of 8 December 1984 and its amendments (the "Law"); Decree-Law 1 of 13 February 2008; all applicable international treaties subscribed by Panama regarding custom matters and foreign commerce; and resolutions issued by National Customs Authority ("ANA), an autonomous regulatory entity overseen by the Ministry of Economics and Finance.
• Before a vessel departs a foreign port bound for Panama, ANA must be notified of its schedule and cargo manifest. This is accomplished through the National Information System for Commerce and Safe Transportation, and the Panamanian Integrated System for Exterior Commerce ("SICE").
• All cargo entering into Panamanian territory must be declared before ANA, regardless of whether said cargo is subject to the payment of tributes or taxes.

CUSTOM VIOLATIONS UNDER PANAMANIAN REGULATIONS:

• Pursuant to Law, customs violations fall into two (2) categories depending on the legal valuation of the offense, and these may be considered regulatory offenses or criminal offenses.

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