Panama: Professionele diensten
From Handelswijzer Midden-Amerika
Features
Panama has no general law regulating the supply of professional services. The various
professions have their own regulations and are organized in special technical or professional
associations. Formally speaking, under the law, for most of these professions Panamanian nationality
is a prerequisite.
Panama has signed the Protocol to the General Treaty on Central American Integration (Guatemala Protocol) of 29 October 1993 under which the parties agreed to harmonize their legislation in order to allow the free exercise of university-level professions in any country in the region. By mid-2007, however, this Protocol had not been ratified by Panama's Legislative Assembly.
Panamanian professionals possessing a qualification or diploma from a foreign university must have it revalidated, depending on the course, by the University of Panama or the Technological Institute. All documents required for the revalidation procedure must be authenticated by the Panamanian diplomatic or consular authorities accredited to the country of origin and by Panama's Foreign Ministry. The various technical and professional associations are also empowered to set a revalidation examination in order to evaluate the applicant's knowledge.
If a qualification or diploma has been obtained from a university with which the University of Panama or the Technological Institute has an international agreement, no revalidation examination is required and revalidation is automatic. In mid-2007, the two aforementioned Panamanian institutions had agreements on mutual recognition of university qualifications (international agreement) with universities in Brazil, Colombia, Cuba, Ecuador, El Salvador, Mexico, Nicaragua, Peru, Spain and Venezuela.
Legal services
A certificate of competence issued by the Supreme Court of Justice is required in order to act as an attorney. The following requirements must be met in order to obtain the certificate: the applicant must be a Panamanian national and have a professional law qualification awarded by a university recognized and established in Panama or by a foreign university whose diploma has already been revalidated by the University of Panama. The Supreme Court of Justice has 15 days in which to issue or refuse the certificate. Under the specific terms of international agreements, however, foreign attorneys may provide consultancy services exclusively in relation to international law, and in the legislation of the jurisdiction in which the foreign attorney is qualified. Consultancy services may not include appearance before the tribunals, courts or judicial authorities in Panama.
Law may not be practised through public limited companies. Legal companies must be in the form of a partnership and established by qualified attorneys in Panama.
Under the GATS, Panama made full specific commitments guaranteeing market access and national treatment for the supply of consultancy services on international law, although it did not bind commitments on the supply of such services through the presence of natural persons in Panama. It did not accept commitments relating to legal services other than consultancy on international law.
Accounting services
Law No. 57 of 1 September 1978 regulates the profession of certified public accountant in Panama. In order to engage in this profession, a licence issued by the Junta Técnica de Contabilidad – JTC (Accountancy Technical Council), appointed by the Executive, is required. The following criteria must be met in order to obtain a licence: the applicant must be a Panamanian national and be in possession of a university qualification with specialization in accountancy awarded by a Panamanian university authorized by the State or by a foreign university recognized by the University of Panama. The JTC must grant a licence within a maximum term of 30 days or reject the application giving the reasons. A request for review of the decision may be made to the JTC itself and an appeal lodged with the Ministry of Trade and Industry.
The JTC may grant special permits for the purpose of carrying out professional acts, except the power to attest to the authenticity of documents, to foreign professionals in the following cases: a professional from a country that gives Panamanian nationals reciprocal treatment; internal auditors employed by foreign companies with subsidiaries established in Panama or international organizations under public international law; if it can be proved that no Panamanian professionals were available at that particular time; or professionals married to Panamanian nationals or with over ten years' residence in Panama.
Only certified public accountants properly licensed in Panama may set up companies to provide accounting services. Such companies are allowed to enter into partnerships with foreign firms.
Under the GATS, Panama undertook to allow Panamanian companies to conclude agreements in order to coordinate practice of the profession of certified public accountant at the international level and to add the name of foreign firms to their letterheads. Professional acts that include the power to attest to the authenticity of documents are restricted to Panamanian certified public accountants. Panama did not bind commitments on any mode of supply other than commercial presence.
Engineering and architectural services
A certificate of competence issued by the Junta Técnica de Ingeniería y Arquitectura (Engineering and Architecture Technical Council), chaired by the President of the Sociedad Panameña de Ingenieros y Arquitectos – SPIA (Panamanian Society of Engineers and Architects) is required in order to exercise the profession of engineer or architect. The following criteria must be met in order to obtain a certificate: the applicant must be a Panamanian national or a foreign national married to a Panamanian or with children of Panamanian nationality, or the national of a country that allows the profession to be exercised by Panamanian nationals on a reciprocal basis: a qualification in the area concerned awarded by a Panamanian university or by a foreign university whose academic competence has been recognized by the University of Panama. Law No. 15 of 26 January 1959, which regulates the profession, does not lay down any time-limit for issuing a certificate of competence, but the authorities have indicated that in practice the procedure takes approximately one month.
Unless they are the subject of international treaties signed by the Executive, engineering and architectural works can only be carried out by companies domiciled in Panama and duly registered with the Technical Council and those responsible for the works must be professionals licensed in Panama.
Under the GATS, Panama made commitments on the supply of engineering and architectural services, including urban planning and landscape architecture. It did not bind commitments for modes of supply 1 and 2, but undertook to allow the commercial presence of foreign companies provided that the persons responsible for the works were properly licensed professionals. Panama also undertook to allow the employment of foreign architects provided that it was proven to the Technical Council that no suitable Panamanian professionals were available to provide the service. If a foreign architect is employed for a period exceeding 12 months, the hiring company must train a Panamanian professional to replace the foreigner at the end of his contract.
Bron: Organization of American State's Foreign Trade Information System (SICE)
