Panamá Perfil del Miembro
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Examen de las políticas comerciales
Último Examen de las Políticas Comerciales (Informe de la Secretaría de la OMC) WT/TPR/S/421/Rev.1
A. Importación prohibiciones, restricciones y licencias de importación
3.43.
The import (or export) of goods harmful to the environment and human, animal or plant health or which conflict with the security of the State and the financial economic system, and others determined by special regulations or laws (Article 99 of Decree-Law No. 1 of 13 February 2008), is prohibited. The Executive is responsible for determining those goods the import (or export) of which is to be prohibited, restricted or controlled. The list of restricted or prohibited imports has not changed since the last review (Table 3.8). The import of the following products is prohibited: counterfeit coins and tools for minting coins; falsely labelled alcoholic beverages and medicines; indecent or morally offensive printed publications; and non-original products that imitate the workmanship of traditional products of the indigenous peoples.[143]
3.44.
Panama also imposes restrictions to comply with the commitments the country has undertaken as a signatory of various international agreements/conventions (Box 3.4).
3.45.
During 2014-21, imports of certain products were prohibited for plant and animal health reasons (Table 3.9). Source: Information provided by the authorities.
3.46.
Panama continues to use import licences; according to the authorities, the system has not changed substantially since 2014. In 2020, Panama informed the WTO Committee on Import Licensing that the information submitted in 2004 concerning its licensing system remained valid.[144] As notified to the WTO, the system has two types of import licence: automatic licences used for statistical purposes and non-automatic licences to administer tariff quotas.[145]
3.47.
According to the information provided by the Panamanian authorities in the context of this review, automatic licences are used to import products subject to plant and animal health measures.[146] The Executive Directorate of Agricultural Quarantine (DECA) of the Ministry of Agricultural Development (MIDA) is responsible for issuing plant and animal health import (and export) and transit licences.[147]
3.48.
Automatic licences may be processed at any time of the year and are free of charge, although the application must be made before the goods arrive at the port. Licences must be obtained before the import declaration is definitively registered. In some cases, they can be obtained through SIGA. According to the authorities, if the goods arrive at the port without the licence having been processed, they will be returned to their origin or destroyed. Licences are usually issued in 24-48 hours. They are valid for a period of 60 days from the date of issue, and this period can be extended. Licences are non-transferable, but their non-use is not penalized.
3.49.
In addition to automatic import licences or animal health import licences, seeds imported for sowing are subject to a prior import permit to confirm the quantity of seeds actually imported. Panama considers this information important when assessing whether there is an excess or shortage of imported seed of a particular species.
3.50.
Non-automatic licences are used to administer MFN and preferential tariff quotas.[148] These licences are issued on a random basis, through a draw, and applications for the permits may come from both nationals and foreigners. At least 21 days before the start of a draw, a notice is published in three editions of two newspapers on different days, providing detailed information on the products, tariff items, delivery times, quota volume, number of lots into which the total quota shall be divided, the validity period of the import licence, the tariff payable, the state of the products, sanitary requirements and eligibility conditions (buyers and sellers). Once allocated, tariff quotas are not transferable. If a quota is not allocated, in whole or in part, for a specific period, the corresponding quantity may be added to the quota for the period immediately following that specific period. This rule of accumulation applies for periods within the same year, but for not more than two periods. To ensure that the goods are actually imported, a sum equal to 20% of the quoted price must be deposited. Applications must be processed within 21 days of the announcement of the opening of quotas. Once a licence has been received, the minimum time for import is 72 hours. The licence is valid for a period of 60 days from the date of issue; this period may be extended at the request of the applicant (section 4.1).
3.51.
In 2019, Panama introduced a temporary tariff of 0% for 60,000 quintals of onions due to shortages of onions of national origin.[149] The Potato and Onion Agri-Food Chain was responsible for establishing the percentage of participation of the importers concerned, in accordance with the competitiveness pact of 10 July 2019 and the national onion purchase register.
3.52.
Importers may lodge administrative appeals against decisions of the bodies responsible for granting permits. During the period 2014-20, no importer lodged an appeal.
B. Exportación prohibiciones y restricciones
3.71.
Panamanian legislation allows exports, as well as imports, to be prohibited or otherwise restricted in order to preserve fauna, flora or cultural, historical and archaeological heritage. The same applies to staple goods when there is a shortage of such products and to any products stipulated by the Executive on the basis of the country's economic interests.[176] Panama also restricts exports in order to comply with the commitments adopted under international agreements.
3.72.
Exports of wood from natural forests or extracted from water reservoirs are regulated in Panama.[177] The prohibition on the export of this type of wood in stumps is in force; only samples may be exported to investigate the potential for exploitation (export) of the wood.[178] An application must be made to the Ministry of the Environment to export these samples. Primary processing and treatment are a requirement for their export. Moreover, timber species must come from sustainable forest plantations certified by the Ministry to be eligible for export.[179] In 2015, the export of Cocobolo wood was prohibited.[180]
3.73.
Exports of sea cucumber are also prohibited; Panama does not permit the extraction, possession or sale of sea cucumber.[181]
3.74.
In addition to the requirements or certificates that may be determined by the destination country, a special procedure (permits or certifications) may be required for certain exports. However, the authorities do not consider these permits or certifications to constitute export licences. The products subject to these procedures are primarily marine products (Table 3.10).
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