New Law for Public-Private Partnerships

The National Assembly of Panama approved in first debate the bill establishing the Public-Private Partnership Regime.

Tuesday, August 20, 2019

On August 19, the Economy and Finance Commission approved in the first debate the project that seeks to regulate the contracts, generally long term, between the public and private sectors for the design, construction, repair, expansion, financing, operation, maintenance, administration and/or supply of projects and services such as roads, energy, telecommunications, public transportation, ports and water treatment, among others.

See "PPPs to Boost the Economy”" and "Construction: Optimism for PPP Regulation

The Assembly statement explains that "... This Regime incorporates experiences, knowledge, equipment, technology, technical and financial capabilities, measures risks and resources, in order to create, develop, improve, operate and/or maintain public infrastructure for the provision of public services.

Rafael Sabogne, Minister of Public Works, indicated that this project encourages private investment in the construction and development of public infrastructure works, so that it is not a total responsibility of the national treasury. The approval of this law would place Panama in an excellent position in investment grade.
The auditing firm BDO was in favor of the approval of this law, as confirmed by attorney Publio Cortés, as well as the Chamber of Commerce. However, members of the National Council of Workers are against the document, alluding that it is necessary to further study the project to verify whether it is actually beneficial to the population

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More on this topic

Public-Private Partnerships: Progress on the Bill

February 2020

The Special Commission on Infrastructure of the Costa Rican Assembly endorsed the bill that seeks to regulate the schemes for the development of public-private partnership projects.

The initiative, which has yet to go beyond the debate in the Legislative Plenary, establishes the processes and modalities for promoting private investment for the development of public infrastructure, public services and services related to these, applied research projects and/or technological innovation.

Free Way for PPP Law

September 2019

In Panama, in the third debate, the bill creating the Public-Private Association regime was approved, which in its latest version set limitations on companies accused of acts of corruption.

According to the text approved and awaiting the approval of the Executive, companies that are delinquent in the payment of fines for breach of contracts, will also have limitations to participate in these public concession model.

Panama: PPP Bill to Third Debate, but with Changes

September 2019

The removal of the disqualification from hiring natural and legal persons who have been sentenced for corruption is one of the most important changes made to the bill that creates the Public-Private Partnership Regime.

Although the bill has faced multiple obstacles, since a few days ago its discussion in the Assembly was suspended because workers and union sectors rejected the original bill, it was approved in the second debate, but with some changes.

PPP Law Discussion Suspended

August 2019

After the workers and union sectors rejected the bill creating the Public-Private Partnership Regime in Panama, the Assembly decided to suspend its discussion in the second debate.

Responding to the request to extend the period of consultations by a sector of the country, the plenary of the National Assembly suspended discussion of the second debate of Bill 12, which creates the Private Public Association Regime (APP) as a tool for the development of private sector investment, social and job creation, reported the government on August 27, 2019.

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