The bill being discussed in Costa Rica basically seeks to extinguish the assets of organized crime, but there are those who claim that as proposed, it puts at risk the presumption of innocence of individuals.
The extinction of domain is a concept that in practice refers to seizing or confiscating assets linked to criminal activities, and then transferring them in favor of the State.
Adverse court decisions against companies, social and political conflicts and fiscal issues are some of the factors that are impeding the development of productive projects in Central American countries.
One of the latest court decisions affecting companies with investments in the region was that of Minera Petaquilla, in Panama. The contract that this company had signed with the Panamanian State was declared unconstitutional last week.
Following the transfer by Abdul Waked of Gese's majority shareholding to Fundación Publicando Historia, the Editorial Group's access restrictions to the United States financial system have been lifted.
From a statement by the US ambassador in Panama:
I and my Embassy colleagues in Panama congratulate all parties involved in the successful effort to reestablish unfettered access to markets and the financial system of the United States on behalf of the newspapers of the La Estrella de Panama and El Siglo Editorial Group (GESE).
The restrictions currently imposed on Guatemala in terms of air freedoms constitute a limiting factor to the competitiveness of its productive sectors.
EDITORIAL
In a recent webinar entitled "Open Skies Agreement and its Impact on Competitiveness"organized by Agexport, evidence was presented of the negative impact on Guatemala of having ratified only"... three of these freedoms(with the country only allowed to embark and disembark passengers and cargo in the state to which the airline belongs and at points within a reasonably direct route), and the limitations that this presents."
Aguilar Castillo Love is a leading international law firm with offices in Central America and Ecuador.
Organization that operates in Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama and Central America
Phone: (505) 2225 8748
In order to protect sources of employment the Panamanian government wants the US to grant permissions so that Waked Group companies can temporarily transact with US citizens and businesses.
From a statement issued by the Ministry of Economy and Finance (MEF):
Objective is to protect the jobs of Waked companies
Treasury Department has been asked to grant a license.
The identification of Grupo Waked in a money laundering network could result in significant changes in the representations of brands marketed in the country.
An article on Prensa.com cites Jorge Garcia Icaza, president of the Chamber of Commerce, Industries and Agriculture of Panama, who emphasized that restraint should excerised when dealing with the case in order to minimize damage which it is estimated could be caused, especially in relation to jobs in the companies under question.
Costa Rica and Guatemala are on the list of 23 countries that the US government considers necessary to monitor for violations of intellectual property rights.
On April 12, 2016, the Office of the US Trade Representative (USTR) released its 2016 Special 301 Report. The Special 301 Report is the result of an annual review of the state of intellectual property rights (IPR) protection and enforcement in U.S. trading partners around the world.
Legal tax engineering is a mandatory business practice for anyone who wants to be competitive in today's globalized world, and only those who are not entrepreneurs can afford to refuse to acknowledge this fact.
EDITORIAL
With the same firmness that we criticize businesspeople who evade taxes or bribe officials to get a contract, we must defend every business practice which is framed within the law to pursue the best use of available resources to generate wealth through the production of goods and services, which is what businesses do.
Competing with multinationals under DR-CAFTA requires companies to comply with all the necessary processes to protect their brands, processes and products.
The arrival of multinational companies in Central America competing in legal equality with local or regional firms as a result of DR-CAFTA, highlights gaps in legal implementation and best practices for business on issues such as the protection of trademarks and intellectual property.
The figure is an estimate made by the Intelligence Directorate in Costa Rica released by the US State Department, along with information that indicates a rise in criminal organizations based in the country, and little capacity to combat them.
Money laundering is a criminal activity that handles amounts that are difficult to measure. For example, the report "Illicit Financial Flows from Developing Countries: 2004-2013" by Global Financial Integrity says that during the aforementioned 10 year period, the flow of illicit money from Costa Rica exceeded $11 billion, that is about $1.1 billion a year.
The court ruling that imposed a 19 year prison sentence has forced a review of the projects being managed by the company in the region, where two projects which are underway in Panama alone, total $2.4 billion.
On March 8th the Brazilian justice system condemned Marcelo Odebrecht, former CEO of the largest Brazilian construction company, Odebrecht, to 19 years and 4 months in prison and to pay a fine of $35 million along with executives from the group for the payment of about $65 million in bribes to officials in the case of corruption in the state run oil company Petrobras, reported La Prensa. The ruling mentioned fraud in tenders, where bribes were also paid for the award of the works.
The event to be held in San Jose on 3 and 4 March will address issues such as implementation of digital markets, internet commerce and protection of intellectual property online.
The third International Congress on Electronic Commerce Laws will be held at the Bar Association of Costa Rica, and will address issues related to law in light of new commercial and financial relations being handled electronically.
Central America's fall into the hands of drug traffickers makes the following quote seem true: "Insanity is doing the same thing over and over again and expecting different results."
EDITORIAL
Although their rulers deny it, Central American countries are losing the war against drug traffickers. In some it is happening faster than in others, and in all of the nations on the isthmus violence associated with drug trafficking is growing, and it is becoming increasingly apparent that mafia power has infiltrated public institutions and private organizations, through bribery, and also through terror.
The unprecedented increase in violence in Costa Rica, once an oasis of peace in the region, is another sign of the failure of the traditional methods of fighting drugs.
EDITORIAL
More powerful than the Central American states, drug trafficking is on the rise not only in terms of an increased supply of drugs in the countries in the region, but through its permeation of institutions using the power of money and generating a growing culture of violence that is making Central America´s lack of a death penalty seem risible. Yes it does exist, but the worst part about it is that it is not institutionalized justice systems that implement it, but the mob bosses, pointing out -to ever younger executioners- the people who should be executed.