Panama* PROFILE CONTENTS }} INTRODUCTION2 LEGAL AND REGULATORY 4 TAXATION6 BANKING13 PAYMENT INSTRUMENTS 14 PAYMENT SYSTEMS 16 CASH MANAGEMENT 17 ELECTRONIC BANKING 19 TRADE FINANCE 20 USEFUL CONTACTS 22 * Guides specifically designed for treasury managers offering a detailed picture of the banking and cash management arrangements for an extensive range of locations. Please note the information is of a general nature only and is subject to change. It does not constitute financial, legal, tax or other professional advice. Country Profile PANAMA INTRODUCTION }} General Capital/Other major cities: Area: Population: Languages: Currency: Country telephone code: Weekend: National holidays: Source: www.goodbusinessday.com. Business hours: Banking hours: Panama City/David, Colón 75,420km2 3.61m Spanish (official), English Panamanian balboa (PAB), US dollar (USD) 507 Saturday and Sunday 2nd half 2015 — 3–5, 10, 28 Nov, 8, 25 Dec 2016 — 1, 9 Jan, 8–10 Feb, 24, 25 Mar, 2 May, 3–5, 10, 28 Nov, 8, 26 Dec 08:00–17:00 (Mon–Fri) 08:00–15:00 (Mon–Fri), 09:00–12:00 (Sat) Note: some branches operate until 15:00 (Saturday) and 14:00–18:00 (Sunday). Stock exchange: Leading share index: Bolsa de Valores de Panamá (BVP) BVPSI Government Legislature }}Presidential republic with a unicameral National Assembly (Asamblea Nacional). }}National Assembly – 71 members elected to serve five-year terms. }}The president is directly elected every five years. Head of state and political leader }}Juan Carlos Varela, president (head of state and government) since 1 July 2014. Sectoral distribution of GDP (% of GDP) Agriculture 3.7% Industry 17.9% Services 78.4% (2013 estimate) Please note that the information contained in this document is of a general nature only and is subject to change whether for economic, political, social or other reasons. It is not intended to be comprehensive and does not constitute financial, legal, tax or other professional advice on which you should rely. Accordingly if you are planning any business activity in the country or taking, or refraining from any action on the basis of the information in this document, you must obtain your own independent professional advice. The materials contained in this document were assembled in March 2015 (unless otherwise dated) and were based on the law enforceable and information available at that time. We make no representations, warranties or guarantees (express or implied) that the information in this document is complete, accurate or up to date. We will not be liable for any liabilities arising under or in connection with the use of, or any reliance on, this document or the information contained within it. 2 return to Profile Contents Country Profile PANAMA Economy 2009 2010 2011 2012 2013 Exchange rate* (PAB/USD)** 1.0000 1.0000 1.0000 1.0000 0.42 0.28 0.30 0.25 Interest rate (MMR)** (%) Unemployment (%) 2014 2015 Q2 Q3 Q4 Year Q4 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 0.81 1.12 0.79 0.80 0.90 NA 6.4 NA 5.0 NA NA NA NA NA NA NA Consumer inflation*** (%) + 2.4 + 3.5 + 5.9 + 5.7 + 4.0 + 3.3 + 2.3 + 1.7 + 2.6 + 0.2 GDP volume growth*** (%) + 3.9 + 7.5 + 10.9 + 10.8 NA NA NA NA NA NA GDP (PAB m) 24,163 27,053 31,320 35,938 NA – – – NA – GDP (USD m) 24,163 27,053 31,320 35,938 NA – – – NA – 6,675 7,351 8,374 9,457 NA – – – NA – – 1.2 – 11.9 – 16.8 – 10.1 NA – – – NA – GDP per capita (USD) BoP (goods/services/income) as % GDP * Official rate. ** Period average. *** Year on year. Sources: IMF, International Financial Statistics, May 2015 and 2014 Yearbook; and World DataBank. Country credit rating Fitch Ratings rates Panama for issuer default as: Term Local currency rating Foreign currency rating Short – F3 Long BBB BBB Long-term rating outlook Stable Source: www.fitchratings.com, June 2015. 3 return to Profile Contents Country Profile PANAMA LEGAL AND REGULATORY }} Central bank }}Panama has no central bank. The state-owned Banco Nacional de Panamá serves as a repository for public-sector funds and is the government’s official banker and treasurer, as well as the country’s national clearing house. Bank supervision }}The Banking Superintendency supervises the banking sector within Panama. Resident/non-resident status }}A company is resident if it is incorporated under Panamanian law or if its central management and control is exercised in Panama. The following factors indicate that a company is managed and controlled in Panama: }}Decisions that affect the direction or management of the company are made at board meetings in Panama; }}All or most of the members of the board of directors (or equivalent governing body) have delegated their management or administrative responsibilities to third parties that exercise these responsibilities in Panama; and }}The company’s headquarters that conducts business activities or provides support to other companies is located in Panama, regardless of the source of its income. Bank accounts }}Foreign exchange accounts and domestic currency (PAB) accounts can be held by residents both domestically and abroad. Resident domestic currency accounts are convertible into foreign currency. }}Non-resident bank accounts are permitted in foreign and domestic (PAB) currency. Non-resident domestic currency accounts are convertible into foreign currency. }}Interest can be offered on current accounts. }}Overdraft facilities are available to residents and non-residents. Reporting }}General transaction information is sent to the General Controller for balance of payments purposes. However, detailed statistical information on transactions is not required. }}Income and expenditure on a client’s account is used by the General Controller to ascertain the capital of and payments to/from the current account, while the client’s structure of patrimonial participation is used to determine the levels of direct foreign investment. }}Deposits exceeding USD 10,000 on residents’ accounts held abroad must be accompanied by information detailing the party effecting the transaction and the source of the funds. 4 return to Profile Contents Country Profile PANAMA Exchange controls }}The Panamanian balboa (PAB) is Panama’s official currency. The US dollar (USD) is also legal tender in Panama and has been since 1904. The PAB is pegged to the USD at a rate of PAB 1 per USD 1. }}There are no exchange controls in Panama. }}Individuals importing or exporting in excess of USD 10,000 of its equivalent in cash are required to file a report with the Ministry of Economy and Finance’s customs offices. Anti-money laundering/counter-terrorist financing Supplied by BCL Burton Copeland (www.bcl.com). Data as at January 2015. }}Panama has implemented anti-money laundering legislation (Law No 41 of 2000; Law No 42 of 2000; Agreement No 9 of 2000; Law No 6 of 2002 (Financial Crimes); Law No 45 of 2003; Law No 50 of 2003; Law No 1 of 2004, Law 16 of 2005; Agreement No 12 of 2005; Law No 14 of 2007; Resolution 8 of October 2008; Law No 68 of 2009 and Law No 2 of 2011). }}Panama is a member of the Caribbean Financial Action Task Force (CFATF) and the South American Financial Action Task Force (GAFISUD) and has an action plan for implementing FATF-49 recommendations. Panama is also a member of the Group of International Finance Centre Supervisors (GIFCS) and the Organisation of American States/Inter-American Drug Abuse Control Commission (OAS/CICAD). }}Panama has established a financial intelligence unit (FIU), the Unidad de Analisis Financiero (UAF), which is a member of the Egmont Group. }}In June 2014, Panama made a high-level political commitment to work with the FATF and GAFISUD to address its ‘strategic AML/CTF deficiencies’. In its October 2014 public statement, the FATF acknowledged that these deficiencies remain and encouraged ‘Panama to continue implementing its action plan’. }}Account opening procedures require formal identification of the customer. }}Banks must keep a record of customers who regularly conduct transactions exceeding PAB 10,000. The record should include the type, number, volume and frequency of the banking operations, products or services that will later be reflected in the client’s account. If within a week successive deposits or withdrawals have exceeded PAB 10,000, these must also be reported. }}Trust companies must identify clients and beneficial owners. For trusts, judicial persons and corporations, the certificates of incorporation must be shown. Directors, officers, attorneys and legal representatives must also be identified to establish and identify the beneficial owners of the account. }}Insurance companies, reinsurance companies and casinos are exempt from the due diligence duties faced by other financial institutions. }}Financial institutions in the broadest sense are required to report to the UAF suspicious transactions and also currency transactions above USD 10,000. }}Individuals bringing in cash exceeding USD 10,000 into Panama must declare it to the customs authorities. }}All records and documents must be kept for at least five years. 5 return to Profile Contents Country Profile PANAMA TAXATION }} All tax information supplied by Deloitte Touche Tohmatsu (www.deloitte.com) and Deloitte Highlight, 2015. Resident/non-resident }}A company is resident if it is incorporated under Panamanian law or if its central management and control is exercised in Panama. The following factors indicate that a company is managed and controlled in Panama: }}Whether meetings of the members of the board of directors, in which decisions that affect the direction or management of the company are made, are carried in Panama; and }}Whether business activities or activities to support other companies are carried out from a headquarters located in Panama, regardless of the source of income. For purposes of determining tax residence, if all or most of the members of the board of directors or equivalent governing body have (legally or effectively) delegated their management or administrative responsibilities to third parties, the delegation is disregarded if the persons exercising such responsibilities are in Panama at the time of exercise. }}Any income produced from transactions carried out within the territory of the Republic of Panama is taxable. Income obtained from operations carried out abroad is not taxable in Panama. }}There are certain exemptions to this principle: for example, companies that are established in the Colon Free Zone are subject to a different set of rules that exempt them from the payment of income tax. Multinational companies under the Multinational Headquarter Regime will be generally tax-exempt and subject to special tax treatment. The following situations are also exempt: }}Interest and commission paid by banking institutions in Panama to international banks or financial institutions established abroad in connection with loans, bankers’ acceptances and any other debt instruments, even if the resources are utilised by the borrowing bank in the generation of productive assets in Panama; }}Interest paid to official or semi-official institutions of international bodies or of foreign governments; and }}Interest paid to foreign investors, provided that the capital on which this is paid is exclusively intended for housing projects for people of low income, as determined by the Housing and City Planning Institute, and that the loan is guaranteed by a foreign government or governmental institution. Tax authorities }}Ministry of Economy and Finance. }}Revenue General Office. }}Cadastral General Office. }}Customs General Office. Tax year/filing }}The tax year corresponds to the calendar year. However, exceptions to this rule may be approved by the tax authorities. }}Tax returns are due 90 days after the close of the fiscal year. However, tax regulations provide for a one-month extension to file an income tax return, but this extension is only provided for the submission of the tax return; the income tax due must be paid by 90 days after the close of the fiscal year. Any payments outstanding at the time of filing are subject to late interest charges and fines. 6 return to Profile Contents Country Profile PANAMA }}Additionally, companies must report an estimated income tax for the following year; such estimated income tax must be calculated in the tax return that is being filed. }}Estimated income tax should be paid in three instalments, the first one six months after the close of the fiscal year reported, the second and third instalments nine and 12 months respectively after the close of the fiscal year being reported (30 June, 30 September, 31 December). Such estimated income tax is calculated using the taxable income of the past year. Therefore this estimated tax should not be smaller than the income tax being reported in the year of declaration. This estimated income tax may be used as a credit against income tax of the next tax return, as this constitutes an advance payment. For example, in the income tax return for the 2014 fiscal period, the estimated income tax for the 2015 fiscal period will be calculated and paid in advance based on the taxable income generated for the 2014 fiscal period. Then, when preparing the 2015 income tax return, payments made in advance through the estimated income tax, should be included as a credit in this tax return. }}With the exception of companies operating in free zones, corporations with no Panamanian-source income are not required to file an income tax return. }}Consolidated returns are not permitted and each company must file a separate tax return. Corporate taxation }}Corporations, partnerships, branches of foreign corporations and any other entities that generate taxable income pay income tax on any profits or income produced within Panama. Income tax is also payable on the net income from sales made by Free Zone companies to entities or individuals domiciled within the fiscal territory of the Republic of Panama. }}Income that does not arise in, or is not derived from, Panama sources is not subject to tax in Panama. }}The general corporate income tax rate is 25%. }}Entities are also required to make an alternative calculation of taxable income for purposes of the Panamanian alternative minimum tax (CAIR), calculated on 1.17% of gross taxable revenue. The higher of the two calculations is generally considered the income tax liability for the year, subject to certain exceptions. The CAIR calculation is not required for companies with taxable revenue of less than USD 1.5 million. }}There is no surtax. }}The CAIR is assessed at the general rate of 1.17% of gross taxable income. A taxpayer can request that the CAIR not be applied when it has net operating losses or where the effective tax rate is higher than standard rate or the special rate. The request must be made to the tax authorities and must be accompanied by prescribed documentation. The authorities have discretion to grant an exemption from the CAIR for the period requested and three subsequent years. Companies whose taxable revenue is less than USD 1.5 million are not required to calculate the CAIR. }}Companies holding a notice of operations (all commercial and industrial businesses must have a notice to engage in business, unless they are specifically exempt) or otherwise carrying out business in Panama must withhold tax at a rate of 10% on dividends distributed out of domestic profits (20% in the case of bearer shares) and 5% on dividends on foreign-source profits or export profits. Companies located within Panama’s free trade zones (except for companies within the Howard (Panama-Pacific) Special 7 return to Profile Contents Country Profile PANAMA Economic Area) that require a notice of operations and licensed multinational headquarters (MHQ) companies must withhold a 5% tax on distributions. }}The subsequent distribution of dividends will not be taxed if tax has already been withheld at the 10% or 5% rate. }}If a corporation does not declare dividends in a particular year, it must pay a ‘retained earnings tax’, which is a deemed dividend tax, amounting to 10% (20% in the case of bearer shares) of 40% of its after-tax income. }}A 2% retained earnings tax is levied on profits distributed by a company established in a free trade zone or profits related to foreign-source income taxed at the 5% rate. }}The 10% dividend tax is imposed on all loans or advances granted by a company to its shareholders, regardless of the income source (20% in the case of bearer shares). }}Distributions (interest) paid or credited on cumulative preferred shares issued by companies do not result in dividend tax liability if certain requirements are met. }}There is no difference between the general taxation of a branch of a foreign entity and a local subsidiary; both are taxed on profits generated within Panama. The only difference relates to the payment of dividend tax: branches must pay dividend tax at 10% of their taxable income less income tax. The withholding tax is considered final and is paid when the corresponding annual tax return is filed, even if the branch does not distribute profits to its head office. }}Losses incurred in a particular fiscal year may be carried forward for up to five years, with a maximum of 20% of the referred loss deductible per year. The deduction of 20% of the loss is further capped at 50% of the taxable income in each subsequent year, with the unutilised loss being permanently lost. The portion of that quota not deducted in a year cannot be deducted in subsequent years. Losses cannot be carried back. }}Various investment incentives provide lower tax rates or exemptions. The Howard (Panama-Pacific) Special Economic Area regime provides for tax exemptions for offshore services; gains from the sale or transfer of shares of companies established within the area; income from the transfer of goods and services between companies within the area and other free trade zones; income from the sale of goods or services to visitors and passengers while in transit to other countries or to vessels crossing through the Panama Canal or aircraft using authorised ports to overseas destinations; income from aviation and airport services; income from the manufacture of high-tech products; and income logistics and call centre services. }}In-bond manufacturing companies may import equipment and raw materials on a duty-free basis and subsequently export 100% of production, receiving a tax-free benefit. Such companies do not have to pay VAT on imports. }}Based on the territoriality principle, gains derived from ‘re-invoicing’ operations are deemed not to be derived in Panama, provided the merchandise being reinvoiced does not enter the Panamanian territory. }}Licensed MHQs are exempt from income tax on services provided to nonresident entities that do not derive Panama-source income, from dividend tax and from Panamanian VAT on export services provided to non-residents that do not generate taxable income in Panama. Foreign employees working in Panama for an MHQ are exempt from income tax on their wages and other remuneration that is not paid by the MHQ. }}A variety of tax incentives are granted to encourage investment in new projects and activities relating to tourist facilities, including an exemption from income tax, property tax, import taxes and other taxes, depending on the amount of 8 return to Profile Contents Country Profile PANAMA investment and location. The incentives will expire between 2016 and 2020. Incentives also are available in the Petroleum Free Trade Zones, Colon Free Trade Zone, etc. Financial instruments }}There are no specific tax rules for financial instruments. Interest and financing costs }}There are no specific tax rules regarding interest and financing costs. Foreign exchange }}There are no restrictions or controls for foreign exchange, other than reporting cash transactions above USD 10,000 in order to prevent money‑laundering and terrorist financing. Equity and debt capital, interest, dividends, branch profits, royalties and technical services fees can be remitted without any formalities other than the applicable taxes described elsewhere. Annual registration fee }}All companies registered in the Public Registry pay an annual tax of USD 300 and in subsequent years, except for Private Interest Foundations, which pay an annual tax of USD 350 and USD 400 in subsequent years. Advance tax ruling availability }}Advance pricing agreements are not issued by Panama’s tax authorities. Non‑binding opinions (on both the taxpayer and the tax administration) can be obtained from the tax administration. Annual licence tax }}All businesses operating in Panama pay an annual licence fee at a rate of 2% of their net worth. }}The maximum amount payable of is USD 60,000 and the minimum amount remains at USD 100. }}Companies that operate in the Colon Free Trade Zone or other free zone, including licensed MHQs and companies operating under special regimes relating to international awards for contractor selection (e.g. the Howard (Panama-Pacific) Special Economic Area) are not required to obtain a notice of operations. However, companies operating in the free zones are subject to an annual operations tax of 1% on the capital of the company (a minimum of USD 100 and a maximum of USD 50,000). Municipal taxes }}Municipalities may impose a tax on gross sales in an amount based on the type of activities carried out by a business. A business carrying on more than one business activity may be taxed on each activity. Municipal taxes, which are deductible, generally range from USD 10 to USD 2000 per month. Property taxes }}There is a progressive property tax based on the assessed value, with no tax payable on the first USD 30,000, and rates of 1.75–2.1% thereafter. }}Transfers of real property are subject to tax at a rate of 2% of the greater of the value in the deed of transfer or the cadastral value on the date of transfer. 9 return to Profile Contents Country Profile PANAMA Capital gains tax }}Capital gains derived from the sale of securities and negotiable instruments are subject to a 10% tax. The purchaser must withhold 5% of the sales price as an advance payment of income tax and remit that amount to the tax authorities. }}Gains from the sale or transfer of real property are considered capital gains. If the transaction giving rise to the gains is part of the taxpayer’s ordinary business, the gains are subject to the corporate tax rate; if the transaction is not part of the taxpayer’s ordinary business activities, the gains are taxed at a reduced rate of 10%. However, in the latter case, the purchaser must withhold 3% of the higher of the purchase price or the rateable value of the property as an advance payment of tax. Withholding tax (subject to tax treaties) Payments to: Resident companies Non-resident companies in non-taxtreaty country* Interest Dividends Royalties/fees 5% 0%/10%/5%/20% None 12.5%2 5%/10%/20%3 12.5%2 1 1. If not an ‘authorised financial institution’. 2. Being the 25% corporate tax rate on 50% of the remittance. 3. Dividends paid to a non-resident on nominal shares are subject to a 5% or 10% withholding tax, depending on the source of the dividends; the rate is 20% for bearer shares. * Panama has negotiated ten treaties. }}Services rendered from a non-resident entity to a resident in Panama are subject to withholding tax at a rate of 12.5%. }}Interest and commissions remitted overseas for loans or financing, as well as payments for services and royalties, are subject to withholding tax at a rate of 12.50% (50% of the interest is subject to the normal 25% corporate tax rate). }}Profit distributions made by resident entities are subject to a 10% dividend tax in the case of dividends paid out of domestic profits, or to a 5% dividend tax in case of dividends paid out of foreign-source profits. }}If the dividend distributed is less than 40% of post-tax profits, the amount on which the dividend tax is based is the difference between the dividend and 40% of post-tax profits in the case of domestic profits and 20% of post-tax profits in the case of foreign-source profits. }}The dividend tax at a rate of 20% applies to distributions made to holders of shares issued to the bearer. The subsequent distribution of such dividends will not be taxed if tax was already withheld at the 10% or 5% rate. }}Companies located in Panamanian free trade zones, except for certain companies in the Howard (Panama-Pacific) Special Economic Area and licensed multinational headquarters companies, must pay a 5% dividend tax on the distribution of profits, regardless of their source. The subsequent distribution of such dividends will not be taxed if tax was already withheld at the 10% or 5% rate. A 2% retained earnings tax is imposed on profits distributed by companies established in a free trade zone or related to foreign-source income that is taxed at the 5% rate. Tax treaties/tax information exchange agreements (TIEAs) }}Panama has exchange of information relationships with 25 jurisdictions through 16 double tax treaties and nine TIEAs. 10 return to Profile Contents Country Profile PANAMA Thin capitalisation }}There are no formal thin capitalisation rules. Transfer pricing }}Transactions between related companies must be valued according to the arm’s-length principle, applying the standards in the OECD guidelines. }}A transfer pricing study must include a comparative analysis of transactions carried out by independent parties, taking into account the operations, significant economic functions or activities, contractual terms, market characteristics and risks and commercial and business strategies. After making the comparative analysis, one of the five transfer pricing methods stated in Panamanian law must be selected. }}An annual disclosure statement of the operations with related parties must be submitted to the tax authorities within six months after the end of the fiscal year (deadline 30 June). }}The taxpayer has 45 days to provide the TP study, if requested to do so by the tax authorities. }}The tax authorities can make adjustments if the arm’s-length principle is not followed. Stamp duty }}Contracts documenting transactions not covered by VAT incur stamp duty at various rates depending on the type and value of the transaction, most commonly at USD 0.1 for each USD 100 (or less). Bank cheques incur stamp duty at USD 0.1 per cheque, which is charged to the client. }}The use of existing tax stamps was eliminated as of 31 December 2011; thereafter stamped paper and tax stamps are being issued by franking machines. Cash pooling }}Panama has no specific tax rules for cash pooling arrangements. Sales taxes/VAT/excise selective consumer tax (ISC) }}VAT (locally known as ITBMS) is levied on the sale of goods and provision of services except for intangibles. }}The standard VAT rate is 7%, with a special rate of 10% for alcohol and accommodation and 15% for tobacco. }}VAT exemption applies for food, medicine, medical services and crude oil. }}Registration is compulsory for businesses with monthly turnover exceeding USD 3,000 or annual turnover of USD 36,000. }}The excise tax (impuesto selectivo al consumo – ISC) is applied to non-essential goods and services. Financial transactions/banking services tax }}The annual progressive tax will be between USD 75,000 and USD 1 million for banking institutions holding a general licence that is based on total assets. International licence banks will pay a fixed tax of USD 75,000. Financial institutions pay a 2.5% annual tax on their capital as at 31 December. The top limit payable is USD 50,000. 11 return to Profile Contents Country Profile PANAMA Payroll and social security taxes }}The following contributions are required: Contributions to: Employers Employees Social security 13.5% 9.75% Education tax 1.50% 1.25% }}There are no earnings limits on these contributions. }}The Social Security Institute provides health, maternity, disability, pensions and occupational accident cover. }}Companies pay 0.56–5.67% of the total payroll to cover workers’ compensation insurance. The rate paid depends on the degree of risk. 12 return to Profile Contents Country Profile PANAMA BANKING }} Major banks Total assets (USD millions) 31 December 2014 Bank Banco General 12,295 Banco Nacional de Panamá 9,546 Banco Lationamericano de Comercio Exterior 8,119 BAC International Bank 6,359 Global Bank Corporation 5,009 Sources: Superintendencia de Bancos de Panamá and www.accuity.com, March 2015. Overview }}Panama has established itself as a major offshore banking centre. The International Banking Centre hosts 80 banks with total assets of approximately USD 108.66 billion. }}Three types of licences are granted to banks in Panama by the Banking Superintendency: a general licence, which permits banks to operate in both domestic and international operations; an international licence, which permits banks to operate only in international operations, but permits operations in the national interbank market; and a representation licence granted to representative offices of foreign banks, which permits these banks only to carry out promotions of their services. }}Of the 80 banks currently operating in Panama, two are state owned (Banco Nacional de Panamá (BNP) and Caja de Ahorros), 50 have general licences and 28 have international licences. There are also 14 representative offices of foreign banks that are not authorised to do business in or from Panama. }}Foreign banks, including Bancolombia and Citibank, are active and prominent in Panama. BNP Paribas (Panama branch) and Israel’s Banco Leumi Le-Israel (Panamá) are currently undergoing a voluntary liquidation process. }}In August 2014, the Banking Superintendency ordered the compulsory liquidation of ES Bank (Panamá) a subsidiary of Portugal’s troubled Espirito Santo Financial Group. 13 return to Profile Contents Country Profile PANAMA PAYMENT INSTRUMENTS }} Cash }}Cash is an important payment medium in Panama, particularly for low-value retail transactions. Credit transfers }}Electronic credit transfers are used by the government and companies for salary, supplier and benefit payments. }}Credit transfers are batched and processed through ACH Directo. Funds are available to beneficiaries on T+1. Direct debits }}Direct debits are available in Panama and used for low-value recurring payments such as utility bills. }}Direct debits may be used for one-time or recurring payments, provided there is a signed authorisation in place. }}Direct debits are batched and processed through ACH Directo. Funds from direct debits are available to beneficiaries (originator) on T+1. }}The maximum amount for a direct debit transaction is USD 500,000. Cheques }}The cheque is an important cashless payment instrument in Panama and is used for both retail and commercial transactions. }}Cheques drawn on a bank and deposited by 15:00 at the same bank in the same or a different city are available on T+1. Cheques drawn on a bank and deposited by 15:00 at a different bank in the same or a different city are generally available to the beneficiary on a T+1 or T+2 basis. Card payments }}The use of payments cards in Panama has increased over the past decade. }}There are approximately 779,000 credit cards in circulation in Panama. }}Visa is the principal credit card brand issued in Panama, although MasterCard, American Express and Diners Club credit cards are also available. }}There were over 1800 ATMs and 30,000 POS terminals in Panama at the end of 2014. }}Sistema Clave, operated by Telered SA, is a shared ATM network with more than 40 participants (banks and cooperatives). There were more than 1800 Sistema Clave ATMs and an estimated one million Sistema Clave debit cardholders in Panama at the end of 2014. }}Sistema Clave processes Visa and MasterCard debit card payments. }}Telered has started to migrate to EMV standards for both payment cards and POS terminals. }}Electronic money schemes are available in Panama in the form of reloadable pre-paid cards. 14 return to Profile Contents Country Profile PANAMA Other payments }}Funds transfers within Panama can be made via a cashier’s cheque where a client goes to a bank branch and requests that funds be transferred to a beneficiary at another branch of the same bank. The beneficiary goes to the designated receiving branch location to receive the funds via cheque or cash. The beneficiary may or may not have an account at the receiving bank. }}Remittances from Panamanians residing in the USA are often sent to Panama through services such as MoneyGram and Western Union. }}Panama participates in the US FedGlobal ACH Payments. The service is a joint effort between the US FedACH and Panama’s ACH Directo. The service is used by the US government as a low-cost way to send pension payments to retired US military personnel living in Panama. 15 return to Profile Contents Country Profile PANAMA PAYMENT SYSTEMS }} Type }}ACH Directo is operated by the privately owned Telered SA. Net settlement takes place each day in participants’ accounts at the Banco Nacional de Panamá, which serves as the national clearing and settlement agent in Panama (Cámara de Compensación de Panamá). The file structures and messages used by ACH Directo were developed in accordance with the operating rules and regulations of the National Automated Clearing House Association (NACHA) in the USA. }}Panama has one cheque clearing session per day in Panama City. Cheques received at the branches of banks located outside Panama City are delivered to each bank’s respective main branch in Panama City, where they are processed and sorted into cash letters. Around 06:00 EST (Eastern Standard Time) each business day, all of Panama’s banks exchange physical cheques (and return items) in Panama City. Net settlement takes place in participants’ accounts at the Banco Nacional de Panamá. Participants }}There are 40 participants (35 banks and five savings cooperatives) in ACH Directo. }}All deposit-taking financial institutions participate in the national cheque clearing house. Transaction types processed }}ACH Directo processes credit transfers such as payroll and vendor payments, as well as direct debit transactions. }}The national clearing house clears and settles cheques. Operating hours }}ACH Directo operates throughout the day. Participating banks must observe the specific input and processing deadlines established by ACH Directo. }}The cheque clearing house operates from 15:00 to 03:00 EST (Eastern Standard Time) to receive cheque presentment information. The physical exchange of cheques and net settlement takes place daily at 06:00 EST. Clearing cycle details }}ACH credits and debits submitted by participating banks to ACH Directo by 12:00 EST on T+0 are available to the beneficiary on T+1. Net settlement in participants’ accounts takes place at 06:00 on T+1. Funds are available to beneficiaries after 08:00 EST on T+1. }}Cheques drawn on banks in Panama clear within three business days. Net settlement in participants’ accounts takes place at 06:00 EST. Currency centre holidays* 2nd half 2015 2016 3–5, 10, 28 Nov, 8, 25 Dec 1, 9 Jan, 8–10 Feb, 25 Mar, 2 May, 3–5, 10, 28 Nov, 8, 26 Dec * Source: www.goodbusinessday.com. 16 return to Profile Contents Country Profile PANAMA CASH MANAGEMENT }} Domestic Notional pooling }}Pooling of cash (USD) may be done by holding companies and offshore finance companies. The latter often operate on a regional basis and serve as in-house banks, providing working capital financing to their subsidiaries. }}No specific legislation permitting notional pooling has been identified. Cash concentration }}Cash concentration in the form of zero balance accounts is permitted in Panama. Collections }}Because the mail system in Panama is not used for sending payments, many clients make their payments directly at a bank branch. The use of special deposit tickets or client codes allows the bank to capture remittance information about the payment at the time it is made. Remittance information is provided to the collecting company via electronic banking, file transfer or report. Some banks provide online payment and remittance information. }}Cobradores (private couriers or collection services) and/or sales persons are often used by companies to facilitate collections by delivering invoices and picking up payments from their clients. Cross-border }}Cross-border payments are routed via SWIFT and settled through accounts held with correspondent banks abroad. Lifting fees }}Fees are applied on funds transfers between resident and non-resident accounts. Short-term investments }}Interest can be earned on resident and non-resident current accounts. }}Time deposits (depósitos a plazo fijo) are available in PAB and USD, with maturities of one, three, six and 12 months. }}Certificates of deposit (certificados de depósito a plazo) are issued by banks in Panama. Foreign banks usually link their rates to Libor. }}Commercial paper (valores comerciales negociable – VCN) is available in Panama. VCNs are traded on the Panama stock exchange. }}Treasury bills are issued by the Ministry of Economy and Finance, with six, 12 and 18-month terms. }}Repurchase agreements are available for a range of maturities; 30, 90, 180 and 270-day terms are the most common. }}Money market funds are available in Panama. 17 return to Profile Contents Country Profile PANAMA Custody and securities settlement Information provided by www.globalcustody.net and www.latinclear.com, 2015. Depository }}Central Latinoamericana De Valores SA (Latinclear). }}Latinclear provides custody and administration services, international custody services (LatinClear has links with Clearstream and seven other central securities depositories in Central America), electronic clearing and settlement, account transfers, pledging, repo transactions, ISIN Code allocation (International Securities Identification Number), bonds/coupon redemptions and corporate actions: cash and stock dividends, stock splits and proxy voting. Settlement cycle }}T+3. 18 return to Profile Contents Country Profile PANAMA ELECTRONIC BANKING }} }}Electronic banking is available in Panama and offered by the country’s leading banks. }}There is no bank-independent electronic banking standard in Panama; each bank offers its own proprietary system for corporate banking purposes. }}Major banks in Panama offer internet-based electronic banking systems. Services available include balance and transaction reporting and payment initiation. }}Panama’s Law 51 addresses electronic documents and signatures. }}Internet banking is available in Panama. Services available include balance reporting and payment initiation. }}Panama had an internet penetration rate of 52.7% at the end of June 2014. }}Mobile banking is offered by Panama’s leading banks providing services such as balance reporting and payment initiation. }}There were an estimated 6.3 million mobile phone subscribers in Panama at the end of 2013, a penetration rate of 189.5%. 19 return to Profile Contents Country Profile PANAMA TRADE FINANCE }} Trading partners* Import Export USA 23.6%, China 6.4%, Costa Rica 4.6%, Mexico 4.4%. USA 20.2%, Canada 14.6%, Costa Rica 6.6%, Netherlands 5.9%, Sweden 4.8%, China 4.1%, Italy 4%. * The World Factbook 2013-14. Washington, DC: Central Intelligence Agency, 2013 (www.cia.gov/library/publications/the-world-factbook/index.html). Imports Documents }}In order to import goods into Panama, a commercial invoice (four copies in English or Spanish), which must include a full description of the imported goods, import declaration, bill of lading and, in certain cases, certificate of origin, are required. Licences }}Companies engaging in commercial or industrial activities require commercial or industrial licences and tax clearance certificates. }}Import permits for agricultural goods are issued by the Ministry of Agriculture. Taxes/tariffs and other fees }}Panama has established free trade agreements with Canada, Chile, Costa Rica, El Salvador, Guatemala, Nicaragua, Peru, Singapore, Taiwan, the USA and the European Free Trade Association (EFTA) member states (Iceland, Liechtenstein, Norway and Switzerland). It has also signed partial preferential agreements with Cuba, Colombia, Mexico and the Dominican Republic. }}Panama has signed free trade agreements with Colombia and Mexico and a partial preferential agreement with Trinidad & Tobago, but these agreements have not come into force yet. }}Tariffs are levied on imports ad valorem at 0%, 3%, 5%, 10% and 15%. }}Import tariffs applied exceed 15% in the case of motor cars (17%), sugar (50%) and numerous other food products (20–300% for some poultry). }}Imports into the Colon Free Zone (CFZ) and into Panama’s export-processing zones are exempt from duties. Prohibited imports }}A negative list (of products that may not be imported) is in operation. }}It is prohibited to import certain commodities into Panama, in order to protect public health, and for national security and moral reasons. 20 return to Profile Contents Country Profile PANAMA Exports Documents }}In order to export goods from Panama, a commercial invoice, export declaration, bill of lading and, in certain cases, certificate of origin are required. Licences }}Licences are not required for the majority of exports. Taxes/tariffs and other fees }}Export tariffs are applied to gold, silver, platinum, manganese, other minerals, scrap metal, pearls, rubber and unrefined sugar. }}Exports of products imported into the CFZ are exempt from customs procedures. }}Products exported from export-processing zones are also exempt from tax. }}Exports subject to taxes require an export authorisation from the Ministry of Finance. Prohibited exports }}A negative list (of products that may not be exported) is in operation. Financing imports and exports Imports }}There are no financing requirements for imports. Exports }}There are no financing requirements for exports. 21 return to Profile Contents Country Profile PANAMA USEFUL CONTACTS }} Banco Nacional de Panamá www.banconal.com.pa Leading banks: Banco General www.bgeneral.com BAC International Bank Banco Lationamericano de Comercio Exterior Banco Nacional de Panamá Global Bank Corporation www.bac.net/panama www.bladex.com www.banconal.com.pa www.globalbank.com.pa Banking Superintendency www.superbancos.gob.pa Banking Association of Panama www.asociacionbancaria.com Ministry of Economy and Finance www.mef.gob.pa Ministry of Commerce and Industry www.mici.gob.pa Panama Chamber of Commerce, Industry and Agriculture Business Panama Group www.panacamara.com www.businesspanama.com Bolsa de Valores de Panamá www.panabolsa.com This document is produced by HSBC Bank plc and members of the HSBC Group, together with their third-party contributor. It is not intended as an offer or solicitation for business to anyone in any jurisdiction. The information contained in this document is of a general nature only. It is not meant to be comprehensive and does not constitute financial, legal, tax or other professional advice. You should not act upon the information contained in this document without obtaining your own independent professional advice. The views and opinions expressed by the third-party contributor are their own and not necessarily those of HSBC. The information contained in this document has not been independently verified by HSBC. This document contains information relating to third parties. The information does not constitute any form of endorsement by these third parties of the products and/or services provided by HSBC or any form of cooperation between HSBC and the respective third parties. Under no circumstances will HSBC or the third-party contributor be liable for (i) the accuracy or sufficiency of this document or of any information, statement, assumption or projection contained in this document or any other written or oral information provided in connection with the same, or (ii) any loss or damage (whether direct, indirect, consequential or other) arising out of reliance upon this document or any opinion or statement made in this document. All efforts have been made to ensure that the information contained is current at the first date of publication. HSBC and the third-party contributor does not undertake, and is under no obligation, to provide any additional information, to update this document, to correct any inaccuracies or to remedy any errors or omissions. No part of this document may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of HSBC and the third-party contributor. Any products or services to be provided by HSBC in connection with the information contained in this document shall be subject to the terms of separate legally binding documentation. 22 return to Profile Contents
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