Project LT-AMP-039Project LT-AMP-039

MODERNIZATION OF THE MODERNIZATION OF THE MERCHANT SHIPPING MERCHANT SHIPPING

LEGISLATIONLEGISLATION

Merchant Marine CommitteeMerchant Marine Committee

THE MARITIME CODETHE MARITIME CODE

Four separate laws regulating:Four separate laws regulating:

The Merchant MarineThe Merchant Marine

Port activitiesPort activities

The Substantive law The Substantive law (Commercial (Commercial Code) Code)

The Procedural lawThe Procedural law

Assessment of the Current Regulatory Assessment of the Current Regulatory FrameworkFramework

It preserves the basic elements that has allowed It preserves the basic elements that has allowed the development of our Merchant Marine to be the development of our Merchant Marine to be the largest in the world; the largest in the world;

It is extremely proliferous (integrated by over 65 It is extremely proliferous (integrated by over 65 principal pieces of legislation – laws, decrees, law principal pieces of legislation – laws, decrees, law decrees, executive decrees, etc.);decrees, executive decrees, etc.);

It is scattered (integrated by 197 Resolutions, 274 It is scattered (integrated by 197 Resolutions, 274 circulars, 29 memorandums, 51 directives, etc); circulars, 29 memorandums, 51 directives, etc);

In certain aspects it is outdated and contain In certain aspects it is outdated and contain inconsistencies;inconsistencies;

The date to day activities are complemented by The date to day activities are complemented by the development of certain administrative the development of certain administrative procedures that lack proper legal support. procedures that lack proper legal support.

Characteristics of the new ActCharacteristics of the new Act

In order to preserve the competitiveness of In order to preserve the competitiveness of Panama the new law must be:Panama the new law must be:

(a) flexible;(a) flexible;

(b) dynamic; (b) dynamic;

(c) adaptable to changes in the (c) adaptable to changes in the maritime industry; and,maritime industry; and,

(d) maintain an adequate (d) maintain an adequate balance of responsibility of all parties balance of responsibility of all parties involved.involved.

MisionMision

To propose the promulgation of a To propose the promulgation of a new law that would create an new law that would create an integral regulatory framework for the integral regulatory framework for the Merchant Marine of the Republic of Merchant Marine of the Republic of Panama balancing the needs of a Panama balancing the needs of a competitive maritime industry and competitive maritime industry and the international responsibility of the the international responsibility of the Republic.Republic.

Main Topic Covered by the ActMain Topic Covered by the Act

Registration of vessels under the Panama flag;Registration of vessels under the Panama flag; The special forms of registration (bareboat registration, The special forms of registration (bareboat registration,

temporal registration, registration of pleasure boats);temporal registration, registration of pleasure boats); The roles of the Consulates, Economic Commercial Offices The roles of the Consulates, Economic Commercial Offices

and other official representations of the Republic of Panama and other official representations of the Republic of Panama vested with maritime duties;vested with maritime duties;

Maritime Safety (inspections, casualties, etc.);Maritime Safety (inspections, casualties, etc.); Auxiliary Entities;Auxiliary Entities; Maritime Communications;Maritime Communications; Sanctions (to the vessel, to auxiliary entities, to the Sanctions (to the vessel, to auxiliary entities, to the

surveyors / inspectors).surveyors / inspectors). Registration incentives to reduce the age of the fleet, Registration incentives to reduce the age of the fleet,

promote the loyalty to the flag and to promote new promote the loyalty to the flag and to promote new registrations.registrations.

Highlights from the Shipowners Point of Highlights from the Shipowners Point of ViewView

The integral regulation of the procedure of registration of The integral regulation of the procedure of registration of vessel under the Panama flag;vessel under the Panama flag;

Introduction of additional tools to facilitate the transactions Introduction of additional tools to facilitate the transactions involving Panamanian registered vessels (new involving Panamanian registered vessels (new certifications, preliminary deletion certificates, etc);certifications, preliminary deletion certificates, etc);

The introduction of a new administrative procedure, with The introduction of a new administrative procedure, with the participation of the Shipowner, before sanctions are the participation of the Shipowner, before sanctions are imposed by the Panama Maritime Authority;imposed by the Panama Maritime Authority;

Incentives for new registrations;Incentives for new registrations; Greater flexibility to the AMP to accommodate the needs of Greater flexibility to the AMP to accommodate the needs of

the Maritime Industry and international regulations; the Maritime Industry and international regulations; Clear rules and procedures for the benefit of local and Clear rules and procedures for the benefit of local and

international users; and,international users; and, Has allowed a more interactive communication between the Has allowed a more interactive communication between the

private sector with the Panama Maritime Authority which private sector with the Panama Maritime Authority which undoubtedly will improve the quality of the services.undoubtedly will improve the quality of the services.

PERMANENT MEMBERS OF THE COMMITTEEPERMANENT MEMBERS OF THE COMMITTEEMeetings held: 82Meetings held: 82

Gicela R. de Kinkead – Gicela R. de Kinkead – PRIVATE SECTORPRIVATE SECTOR Francisco Augusto De León - Francisco Augusto De León - AMPAMP Jazmina Rovi – Jazmina Rovi – PRIVATE SECTORPRIVATE SECTOR Elena C. de Olmedo - Elena C. de Olmedo - AMPAMP María Teresa Díaz - María Teresa Díaz - PRIVATE SECTORPRIVATE SECTOR César Castillero Pereira - César Castillero Pereira - PRIVATE SECTORPRIVATE SECTOR Santiago Torrijos - Santiago Torrijos - PRIVATE SECTORPRIVATE SECTOR Marissa Moreno - Marissa Moreno - PRIVATE SECTORPRIVATE SECTOR Jorge Ramírez Arias – Jorge Ramírez Arias – PRIVATE SECTORPRIVATE SECTOR Fernando De Mena – Fernando De Mena – AMPAMP Nelly González Hernández – Nelly González Hernández – AMPAMP Alfonso Castillero – Alfonso Castillero – AMPAMP Fernando Solórzano – Fernando Solórzano – AMPAMP Gian Castillero Guiraud – Gian Castillero Guiraud – PRIVATE SECTORPRIVATE SECTOR Maribel Barreiro - Maribel Barreiro - AMPAMP

Thank youThank you