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Panama Tourism Incentive Law
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REPUBLIC OF
PANAMA
LAW No.8
(June 14, 1994)
"WHEREBY TOURIST ACTIVITIES ARE
PROMOTED IN THE REPUBLIC OF PANAMA"
I. Objectives y Definitions
II. Tourist Activities
III. Incentives and Benefits
IV. National Tourism Registry
V. Duties
VI. Penalties
VII. Concessions for Tourist
Development
VIII. Final Provisions
THE PANAMA LEGISLATIVE ASSEMBLY
DECREES:
CHAPTER I
OBJECTIVES AND DEFINITIONS
Article 1. The objective of this Law
is to establish a simple, prompt,
and rational process to develop
tourism activities in the Republic
of Panama; grant incentives and
benefits to persons engaging in
tourist activities; adopt the
necessary mechanisms for the public
and private sectors to join and
coordinate their efforts in the area
of tourism; and promote tourism in
Panama.
Article 2. The Executive Branch,
through the Panama Government
Tourism, shall assist the private
sector by facilitating and
expediting the required processing
to establish and develop the tourist
activities covered by this Law
through the Executive Branch, other
units of the Government of
Panama and municipalities.
Article 3. Tourism is hereby
declared a public service industry,
and one of national interest.
Article 4. For the purposes of this
Law, a tourist offering is
understood to mean any commercial
activity for the purpose of
encouraging the stay of tourists in
the country, and developing domestic
tourism.
Tourist
entrerprises are defined as follows:
Hotel: An establishment whose
entire structure is used for public
lodging, and has been built and
especially equipped to furnish
continuous lodging services and, as
a general rule, meals to its guests,
as well as other related services
such a s reception services, a
lobby, public telephone,
and daily cleaning rooms and its
other service units. The incentives
set forth in this Law are available
for golf or tennis courts, sauna
baths, gyms, discotheques,
restaurants, discotheques, and other
activities connected with
investments in hotel facilities.
Motel: A tourist lodging
establishment located in rural
areas, or near beaches or roads, for
the purpose of providing lodging and
meals for a price to motorists.
Apartment
Hotel: A building for rental or
lease to domestic or foreign
tourists, equipped with the required
furniture and provided with daily
cleaning service and individual
kitchen facilities for guests to
prepare their own meals.
Cabins: A group of individual
structures for lodging in rural
areas, beaches, beach resorts, and
ecotourism areas.
Time-Shares: An ownership mode
whereby a co-owner or co-owners of a
property destined for public tourist
lodging manage same under a contract
granting rights of use to various
parties, during different periods of
the year.
Tourist Horizontal Property Regime:
An ownership mode where by the all
the units of a building destined to
a tourist lodging are owned by
different owners.
Camping sites: An area destined to
the exploitation of ecotourism,
equipped with restrooms, potable
water, and first aid materials.
Restaurant: A commercial
establishment engaged in the sale of
meals and beverages, with a minimum
investment in infraestructure, not
including the cost of the land, of
one hundred thousand balboas (US$
120,000.00) in the metropolitan
area, and minimum of twenty thousand
balboas (US$ 20,000.00) in the rest
of the Republic of Panama.
Theme Park: One with an
easily identifiable image, in wich a
theme ranging from history to
fantasy and even the world of the
future, is developed within
well-defined areas.
Bed and Breakfast: A tourist
facility operated by an individual
or family adjacent the owner's home
or rooms. A small establishments
that renders personalized service
and home-cooked meals to guests, its
architecture is typical of that
which prevails in the area.
Inn: A lodging facility for
travelers at a tourist site, where
visitors may obtain self-service
lodging and meal.
Convention Center: A facility
adequately equipped to hold
conferences; meetings; or
technological, cultural, and tourist
events; where clerical and
simultaneous interpreting services
into several languages are
available, and several events may be
held concurrently.
CHAPTER II
TOURIST ACTIVITIES
Article 5. The incentives and
benefits provided under this Law are
available to natural persons or
companies engaged in tourist
activities as defined herein, who
are registered at the National
Registry of Tourism (Registro
Nacional de Turismo).
Article 6. For the purposes of this
Law, tourist promotion and
development activities are
understood to mean those that
effectively contribute to increase
of foreign visitors to the Republic
of Panama and the diversification of
tourist offerings in the country, as
well as any investment in
activities that encourage such an
increase in the number of visitors,
to wit:
1. The construction, furnishing,
renovation and operation of hotels,
motels, apartment hotels,
boardinghouse, inns, bed and
breakfasts, buildings under the
horizontal property regime that are
destined entirelyto public tourist
lodging, wether managed by their
co-owners or by third parties,
tourist time-share quarters, cabins,
camping sites for the exploitation
of ecotourism, and theme parks.
2. Construction, furnishing, the
building of access infrastructures,
renovation, and operation of
convention centers, shops for native
crafts of tourist interest,
recreational parks, zoos, tourist
resorts, ecotourism, and marinas.
3. Land, air, and maritime
transportation for passengers within
the Republic of Panama, mainly for
tourist.
4. Construction, furnishing and
operation of restaurants,
discotheques, and nightclubs
catering to tourists.
5. Construction, renovation,
restoration, remodeling, and
expansion of any real property for
commercial or residential use at
Historic Landmarks where these types
of activities are authorized. The
National Bureau of Historic
Oatrimony (Dirección Nacional de
Patrimonio Histórico) of the Panama
National Institute of Culture (Instituto
Nacional de Cultura) shall be the
agency in charge of authorizing and
regulating all matters pertaining to
any project performed to
preserve the historic value of such
landmarks.
6. The operation of tourist agencies
handling incoming tourism; devoted
entirely to such an activity.
7. Any company producing feature
films and international artistic or
sports events to be broadcast over
closed circuit television or abroad
by satellite, that include spot
promoting tourism in the Republic of
Panama prior to, during, or after
such events.
8. Any investment in the desing,
restoration, construction,
maintenance, and lighting of
historic landmarks, municipal parks,
national parks, or any other public
area under the direction of the
Panama Institute of Tourism (Instituto
Panameño de Turismo - IPAT), in
coordination with the National
Institute of Culture (Instituto
Nacional de Cultura - INAC).
Article 7. The right to claim
benefits under this Law is
recognized upon registration of a
company at the National Registry of
Tourism (Registro Nacional de
Turismo), and the issuance of a
certification by the Panama
Government Tourism Bureau (Instituto
Panameño de Turismo-IPAT),
specifying the
rights and duties of the party
entitled to such benefits.
CHAPTER III
INCENTIVES AND BENEFITS
Article 8. For the purpose of
ecounraging investment in new
projects and activities to offer
tourist facilities, the following
tax incentives are granted to
natural persons or companies covered
by the provisions of this Law.
(Modified by the Decree Law No.4 /
February 19, 1998)
1. Public Tourist Lodging:
The following incentives are granted
for the construction, furnishing,
and efficient development of the
public lodging establishments
covered by Article 6, 1, of this
Law, in which a minimum, not
including the cost of the land, of
three hundred thousand balboas (US$
50,000.00) if they are located in
the rest of the Republic of Panama,
except in the case of inns and bed
and breakfast, for which the minimum
investment shall be set by IPAT.
a. A twenty- (20) year, full
exoneration from import duties,
contributions , taxes, or fees of
any type or class, for the
introduction into Panama of any
materials, appliances, furniture,
equipment, vessels, and automotive
vehicles with a minimum capacity of
eight (8) pasengers. The latter must
be certified by IPAT as
indispensable for the regular
consuct of tourist activities. These
materials and equipment must be used
to build and furnish public lodging
establishments. This incentives
shall be granted provided these
items are not produced locally in
sufficient quantity or of the proper
quality. Any equipment a company may
bring into Panama for the purpose of
saving energy or providing the
necessary safety at the project area
shall also be exonerated. In the
case of ecotourism activities
covered by Article 6 of this Law,
the exoneration of four-wheel
traction vehicles with a minimum
capacity of five (5) passengers
shall be allowed.
b. A twenty (20) years exoneration
from real property tax, starting on
the date of registration of the
company at the National Registry of
Tourism (Registro Nacional de
Turismo). This exoneration shall
cover all real property owned by the
company, provided it is used in its
entirety for tourist activities.
c. Exoneration from any tax or
assessment on its capital.
d. Exoneration from warfare or any
fee for landing on piers, airports,
or heliports owned, built, or
repaired by the company. The
Government of Panama may use these
facilities free of charge.
e. Exemption from payment of income
tax on any interest earned by
creditors in operations for
investing in public lodging
establishments.
f. An annual rate of ten per cent
(10%) shall be for allowed real
property depreciation, not including
the cost of the land.
2. Investment in Historic
Landmarks:
The following incentives are granted
for the activities contemplated in
Article 6, 5 of this Law located
within Historic Landmarks, for which
the National Institute of Culture (Instituto
Nacional de Cultura-INAC) authorizes
the construction of projects with a
minimum investment of one hundred
thousand
dollars (US$100,000.00), not
including the cost of the land.
a. A ten (10) years exoneration from
real property tax on the land, and
thirty (30) years exoneration for
improvements to real property.
b. Exoneration from income tax on
the company 's profits during the
first five (5) years of operation of
the appropriate commercial activity.
After this period expires, the
company may deduct any losses as
expenses during the first three (3)
fiscal years following the fiscal
year in which such losses were
sustained.
c. A one time exoneration from
import duties on any equipment and
materials used in construction,
remodeling, and furnishing, provided
such items are not produced locally
in sufficient quantity or of the
proper quality, and that they are
not for sale to the general public.
Article 9. A natural person or
company may treat as fax deductible
any investment it makes in the
restoration, maintenance, or
lighting of Historic Landmarks,
municipal parks, national parks, or
public site; also, any investment
made in tourist promotion or
education considered by the Ministry
of Finance and Treasury in
coordination with IPAT; as
activities that encourage the
development of tourism.
Article 10. The following tax
incentive is granted to companies
engaged exclusively as operators of
incoming tourism in the Republic of
Panama: Exoneration, every three (3)
years, from import duties on
microbuses, limousines, vessels, and
their spare parts, provided they are
so certified by IPAT as
indispensable for the proper
operation of tourist services. Such
equipment may be resold upon payment
of the appropriate duties.
Article 11. Natural persons or
companies providing mass
transportation to tourists at
airports, piers, and hotels are
exonerated from import duties on
automotive vehicles exclusively
destined to tourist activities, as
approved by IPAT.
Article 12. Companies engaged in
restaurant, discotheque, or
nightclub activities that have been
certified by IPAT as beign of
tourist interes, in which a minimum
investment has been made, not
including the cost of the land, of
one hundred twenty thousand balboas
(US$ 120,000.00) if located in the
metropolitan area, and of a minimum
of twenty thousand balboas (US$
20,000.00) if located in the rest of
the territory of the Republic of
Panama, are exonerated for a period
of three (3) years as of the date of
their registration in the National
Tourism Regiatry (Registro Nacional
de Turismo), from import duties on
the materials, equipment, and
appliances used in the construction
and furnishing of such
establishments, provided they are
not produced locally, or are not
produced locally in sufficient
quantity or of the proper quality,
and are considered by IPAT as
important for the development of
such activities.
Article 13. The following benefits
are granted to any company
conducting activitie within the
territory of the Republic of Panama
for the filming of international
feature films or artistic, sports,
or any other type of international
events to be broadcast abroad, that
include spots promoting tourism in
the Republic of Panama prior to,
during, or at the end of such event.
1. Full exoneration from income tax
on profits from such event, unless a
tax paid in Panama is considered a
tax credit in the company's country
of origin.
2. Full exoneration from any
national tax on such events.
3 Temporary exoneration from any
import duty, contributions, tax,
charge, or fee on any type or class
of equipment, supplies, spare parts,
or technical material brought into
the Republic of Panama by
communications companies for the
broadcast of events to other
countries; or on all the material
used during the event, which shall
be reexportes upon completion of the
event.
4. Income tax exoneration to any
sportsmen, or national and foreign
artists participating in such
events.
Article 14. All tourism publicity
material is exonerated from import
duties, provided it is distributed
free of charge, subject to
inspection by IPAT.
IPAT shall have a period of fifteen
(15) working days to approve or
object to the material to which
this article refers.
Article 15. Income derived from the
following activities is exonerated
from income tax:
1. The exploitation of vessels or
aircraft of registered in foreign
countries, if reciprocity is granted
there to Panamanian merchant marine
vessels or aircraft registered in
Panama, for income derived in such
countries;
2. The exploitation of vessels or
aircraft of any nationality by
foreign nationals residing in the
territory of the Republic of Panama,
provided the country of nationality
of the natural person or company, or
the country under whose laws the
company is chartered, grants an
equivalent exemption to companies
chartered under the laws of the
Republic of Panama, or to persons
who have established their domicile
in the Republic of Panama, by virtue
of the principle of reciprocity.
Article 16. The following tax
incentives are granted for the
construction, furnishing, building
of access infraestructures,
restoration, and operation of
convention centers, recreational
parks, zoos, tourist and ecotourism
resorts, and marinas:
1. A three (3) years exoneration
from import duties on materials and
equipment used in their construction
and furnishing, provided such items
are not for sale, are not produced
locally, and are considered by IPAT
as important for the development of
such activities.
2. A ten (10) years depreciation for
real property.
3. A twenty (20) years exoneration
from real property tax.
Article 17. At the request of IPAT,
the Panama Cabinet Council may
declare as Tourist Development Zones
of National Interest those areas
that meet the requirements as
special tourist development zone,
who meet the established minimum
investment, shall enjoy the
following tax
incentives:
1. A twenty (20) year full
exoneration from the payment of real
property tax on the land or any
improvements owned and being used
for tourist development activities.
2. A fifteen (15 years full
exoneration from the payment of
income tax on the company's
activities.
3 A twenty (20) years full
exoneration import duties,
contributions, or taxes, as well as
the sales tax (ITBM tax) on the
imported materials, equipment,
furniture, accessories, and spare
parts used to construct, renovate,
and furnish their establishments,
provided such items are not produced
locally, or are not produced in
sufficient quantity or of the proper
quality. For the purposes of this
Law the term "equipment" is
understood to mean vehicles with a
minimum capacity of 8
passengers, aircraft, helicopters,
minimum capacity of 8 passengers,
aircraft, helicopters, motorboats,
ships, or sports supplies used
exclusively for tourist activities.
4. A twenty (20) years exoneration
from duties, contributions, taxes,
or fees on the use to piers or
airports built by the company. The
Government of Panama may use these
facilities free of charges,
according to the appropriated
regulations.
5. A twenty (20) years exoneration
from the payment of income tax in
interest earned by creditors from
operations for investing in the
tourist activity being conducted.
Article 18. Any public tourist
lodging company or restaurant not
covered by the above articles, but
solely engaged in a tourist
activity; outside the metropolitan
area according to this Law shall
have the operation of being entitled
to a Tourism Employment Certificate
(Certificado de Empleo al
Turismo-CET) issued its name,
equivalent to twenty-one and a half
per cent (21.5%) of the gross
monthly payroll as of the
promulgation of this Law, provided
this gross monthly payroll does not
exceed four hundred dollars
(US$400.00). In the case of
restaurants, this option shall be
for a period of three (3)
years.
Article 19. CET's as contemplated in
this Law, shall be issued in
Panamanian currency by the Ministry
of Finance and Treasury, and may be
applied to the payment of income,
dividend, complementary, real
property, or sales taxes, as well as
import duties. These are nominal
certificates transferable by
endorsement. They are exempt from
all types of taxis, and may not earn
interest
Article 20. To be entitled to CET's,
companies must meet all the
requirements set forth in this Law.
CET's may be used six (6) months
after their date of issue, but not
within the same year of issue. They
shall be valid for a period of three
(3) years from their issue date.
Article 21. Wages of foreign
employees, or those for any
employment period of less than
twelve (12) months may not be
included in the payroll for the
purposes of calculating the CET's
established herein. Payroll control
procedures shall be established.
Article 22. Natural persons or
companies engaged in tourist
activities may use their vehicles to
transport their own materials,
furniture, or equipment. They may
also provide tourist transportation
service to their facilities, and to
and from airports and seaports.
Article 23. In order to encourage
investment and financing for the
development of the tourist industry
and the construction of hotels
outside the metropolitan area,
public tourist lodging companies may
issue nominal tourist investment
instruments until January 1st. 2000.
The following
incentive is granted to investors in
these instruments who are not
connected directly or indirectly
with public tourist lodging, are not
the result of the division of a
company into several companies, or
affiliates or subsidiaries of
tourist companies:
For income tax purposes, fifty per
cent (50%) of the amounts invested
by natural persons or companies in
the purchase of bonds, shares of
stock, or other nominal instruments
issued by tourist companies may be
considered as deductible expenses.
The Ministry of Finance and Treasury
(Ministerio de Hacienda y Tesoro)
shall regulate the application of
this article. Companies registered
with the National Tourism Registry (Registro
Nacional de Turismo) must register
any bonds, shares of stock, or other
financial instruments with Panama's
National Securities Commission, and
must issue them within the first
three (3) years from its
registration. A company issuing such
bonds, shares of stock, or other
nominal instruments may not redeem
them in any manner whatsoever for at
least ten (10) years. Any bonds or
instruments issued by a tourist
company shall be valid for a minimum
period of ten (10) years, and may
not be redeemed earlier. These
companies may not purchase their own
shares of stock, contributions, or
convertible bonds, and may not be
redeemed earlier. These companies
may not purchase their own shares of
stock, contributions, or convertible
bonds, and may not grant loans to
the holders of any such bonds,
shares of stock, or nominal
instruments; nor may they make use
of any other mode for the purchase
or payment of said financial
instruments for a minimum period of
ten (10) years.
Article 24. Tourist yachts calling
at ports in the Republic of Panama
whose stay does not exceed ninety
(90) days are exonerated from the
payment of any and all types of the
usual charges, taxes, or service
fees upon arrival or anchorage.
Customs authorities may only perform
their routine inspection duties. No
processing of documents by these
agencies shall be required. The
Executive Branch shall regulate his
provision.
CHAPTER IV
NATIONAL TOURISM REGISTRY
Article 25. The National Tourism
Registry (Registro Nacional de
Turismo) is hereby established under
IPAT Natural persons or companies
wishing to be covered by this
tourism incentive regime must
register in this Registry.
Article 26. Applicants must complete
a registration form obtainable from
IPAT for a fee
of ten dollars (US$10.00), with the
following information:
1. Applicant's name and surname,
nationality, and personal
identification number or passport
number. If the applicant is a
company, its business name, the
country where it is chartered, and
its Panama Public Registry (Registro
Público) registration entry data, as
well as the name address of its
legal representative.
2. The applicant's domicile or
address.
3. A detailed and precise
description of the tourist activity,
the applicant is conducting or will
conduct. In the case of a tourist
project with and initial investment
of more than
there hundred thousand dollars
(US$300,000.00), a feasibility
study, and the drawings and
technical studies required for and
justifying the project must be
submitted with the application.
4. The amount of the investment the
applicant has made or proposes to
make.
5. The number of jobs it proposes to
generate.
6. Any additional information
required by IPAT, according on the
nature of the proposed tourist
activity, as needed to evaluate the
merits of the application.
Article 27. The
registration form must be submitted
with a copy of the personal identity
card, or passport of the legal
representative, if a company. In the
latter case, a certification issued
by the Public Registry (Registro
Público) must also be submitted
stating that the company is a
registered and valid one, the name
of its Board members, its officers
and legal representative, the amount
of its capital and its term of
duration.
Article 28. The Board of Directors
of IPAT is the only body in charge
of approving the registration of
companies in the National Tourism
Registry (Registro Nacional de
Turismo) and issuing certifications
to that effect, stating the date in
which the company was registered at
the National Tourism Registry and
that it is thus entitled to benefits
under this Law. The General Manager
of IPAT shall sign these
certifications.
Article 29 . Upon receipt of the
registration form with the required
information and documentation, IPAT
has a period of not more than sixty
(60) calendar days to study the
technical, economic, legal and
tourism aspects of the proposed
project; and upon approval, to
register the company in the National
Tourism Registry and issue a
certification stating the date of
registration of the company in the
National Tourism Registry, and that
it is thus entitled to benefits
under this Law.
Projects involving National or
Historic Landmarks or wildlife
reserves under the National
Institute of Culture (Instituto
Nacional de Cultura-INAC) or the
National Institute of Renewable
Resources (Instituto Nacional de
Recursos Renovables - ANAM) require
a resolution issued within thirty
(30) calendar days, counted as of
the date of receipt of the project
documents.
CHAPTER V
DUTIES
Article 30. Any party seeking
benefits under this Law has the
following duties:
1. Actually make the investment in
the proposed tourist activities, as
shown on its application, and
maintain such an investment
throughout the period stipulated in
this Law.
2. Start the construction,
remodeling, refurbishing, or
restoration of the real property for
the proposed tourist activities
within a period of not more than six
(6) months counted as of the date of
registration in the National Tourism
Registry, unless a longer period is
required because of the nature of
the tourist activity, as determined
by IPAT.
3. Start rendering tourist services
within a period of not more than
three (3) years counted as of the
date of registration, unless a
longer period is required because of
the nature of the tourist activity,
as determined by IPAT.
4. Conduct tourist activities
according to the regulations issued
by IPAT.
5. Keep an accurate record of the
exonerated items available for the
competent officials of the Ministry
of Finance and Treasury, the
Ministry of Commerce and Industries,
and IPAT.
6. Post a performance bond in the
name of IPAT and the Office of the
Comptroller General of the Republic,
in an amount equivalent to one per
cent (1%) of the amount invested. In
no case may this bond be in excess
of three hundred thousand dollars
(US$300,000.00).
7. Comply with the ratio established
in the Labor Code for hiring
Panamanian citizens, except for the
experts and skilled technicians
deemed necessary, for which
authorization by the competent
Panamanian authorities is required.
8. Provide technical training to
Panamanian citizens and maintain
scholarships to train them abroad,
if such training is not available at
local industrial establishments or
schools.
9. Waive all rights to file claims
through diplomatic channels in the
event of differences or conflicts
with the Republic of Panama. Submit
said differences to the jurisdiction
of Panamanian tribunals.
CHAPTER VI
PENALTIES
Article 31. Noncompliance with the
duties described in Article 30 of
this Law shall cause the revocation
of the registration and forfeiture
of the bond, unless it is proven
that this noncompliance was due to
force major or a fortuitous event.
The revocation of a registration in
the National Tourism Registry may be
ordered by ordered by means of a
resolution issued by the Board of
Directors of IPAT, as notified to
the concerned party. Nonetheless,
any parties that consider themselves
affected may file and appeal with
the same authority for
reconsideration. The period to make
this appeal is of five (5) working
days counted as of the notice of the
resolution revoking the
registration.
Article 32. Any items imported under
this Law may not be sold or
transferred without first paying the
corresponding taxes or assessments,
calculated on the basis of the value
of the property at the time of its
sale or transfer. The sale or
transfer of imported items between
the companies covered by the
provisions of this Law only requires
the approval of the Ministry of
Finance and Treasury (Ministerio de
Hacienda y Tesoro). Except as
provided in this article, any person
importing items exonerated under
this Law, and selling, leasing,
transferring, disposing of or
otherwise giving them a use other
than that for which the exoneration
was granted shall be punished with a
fine equivalent to three times the
amount of the import duty due at the
time of the sale, lease, transfer,
or disposal of the items.
Article 33. Violators of the
provisions of this Law shall be
punished with a fine equivalent to
five (5) times the amount of the
benefit claimed, and the revocation
of any benefit to which they had
been entitled, in addition to any
other penalties under the Law.
CHAPTER VII
CONCESSIONS FOR TOURIST DEVELOPMENT
Article 34. As recommended by the
Board of Directors of IPAT and ("1))
subject to ratification by the
Public Finance, Economic Planning
and Policy Committee of the
Legislative Assembly of the Republic
of Panama). The Executive Branch is
authorized to grant for tourist use
in accordance with IPAT Master Plan,
without affecting any preexisting
rights, periods of up to twenty (20)
years, concessions for islands
Government owned lands, lands
requiring fills, and areas for the
construction of marinas and piers
that the Government may decide to
devote to public tourist activity.
Article 35. Not withstanding the
provisions of the above article, any
concession contracts may be made for
a period of up to forty (40) years
in the case of projects whose
investment amount, economic impact
and job generating potential require
a longer contract term in the
judgement of the boards or Directors
of IPAT by means of a justified
resolution ("2) duly rafted by the
Public finance, Economic Planning
and Policy of the Legislative
Assembly of the Republic of Panama
whit the exemption of concession of
reverted property under the
jurisdiction of the Interoceanic
Region Authority, which in this case
is the organization in charges of
granting the appropriate
concessions.
Article 36. Noncompliance with the
period established for a concession
to develop authorized tourist
activities that authorized should
cause the revocation of the
concession. It is understood that in
this case any improvement built in
the area shall become property of
the Government at no-cost to it, not
with standing any penalties
applicable under the Law.
Article 37. The following is
required to apply for a concession:
1. Submission of the project budget,
its technical specifications, and
the appropriate project schedule;
2. Proof of payment of the required
fees;
3. A description of the type of
services to be rendered, and their
benefits to users,
4. Certifications establishing the
financial means and source of the
applicant's resources.
5. The applicant's experience in
similar projects.
The agency responsible for granting
a concession shall provide
continuous inspection service in all
stages of the project, in order to
ensure proper compliance with the
terms of the concession.
Article 38. Concessionaires or their
subcontracts, as the case may be,
shall comply with the approved
project schedule until completion of
the project. Noncompliance of the
schedule or the approved technical
specifications may cause the
administrative revocation of the
contract, forfeiture of the
performance bond posted, and
revocation of all rights under the
concession contract.
Article 39. Prior to declaring them
as finally awarded, any concessions
granted under this Law, including
their terms shall be published in
local newspapers for a period of
fifteen (15) consecutive days.
CHAPTER VIII
FINAL PROVISIONS
Article 40. The Government shall
consider native Indian territories
as tourist development zones, and
shall promote native and rural
cultures and traditions as tourist
attractions.
Article 41. (Transitory). Any
applications for contracts with the
Government of Panama being processed
on the date this Law is promulgated
may continue with the procedure
established in Cabinet Decree No.
102 of June 20, 1972, for the
purpose of obtaining the benefits
set forth in that Decree, which
shall remain in force only for such
purposes.
Article 42. (Transitory). Any
contracts for the operation of
tourist activities in force on the
date of promulgation of this Law are
valid until the expiration of their
respective terms. Nonetheless, if a
concessionaire wishes to make
additional investments, it must
apply for incentives under this Law
and meet its requirements.
Article 43. This Law supersedes Law
Decree No. 26 of September 27, 1967
as amended by Law No.81 of December
22, 1976; Cabinet Decree No.77 of
March 18, 1971; Cabinet Decree No.
102 of June 20, 1972 and any legal
provisions and regulations contrary
to it.
Article 44: This Law shall become
effective upon its promulgation.
PROMULGATE AND PUBLISH IT.
GIVEN IN PANAMA CITY,
ON THE 10 DAY OF THE MONTH OF MAY OF
NINETEEN HUNRDED AND NINETY FOUR.
THE PRESIDENT
ARTURO
VALLARINO
THE SECRETARY GENERAL
RUBÉN AROSEMENA VALDÉS
NATIONAL EXECUTIV BRANCH
PRESIDENCY OF THE REPUBLIC
PANAMÁ REPÚBLIC DE PANAMÁ,
14 OF JUNE OF 1994
GUILLERMO FORD BOYD
IN CHARGE OF THE PRESIDENCY OF THE
REPUBLIC
RICARDO A. FÁBREGA
MINISTRY OF COMMERCE AND INDUSTRIES
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