Politics

Panama Issues New Conflict-of-Interest Rules

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Panama Issues New Conflict-of-Interest Rules
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Panama has issued regulations governing declarations of private interests and the handling of conflicts of interest in public service, establishing procedures under a law adopted more than four years ago.

Executive Decree 77, published on October 27, implements Law 316 of August 2022. The National Authority for Transparency and Access to Information, known as ANTAI, confirmed that the regulation takes effect 90 days after publication.

The framework concerns circumstances in which private relationships, business interests or other personal activities could interfere with public responsibilities.

According to Nexo’s review of the decree, disclosure obligations cover designated public officials, people associated with companies awarded public tenders exceeding $50,000, and directors of nongovernmental organizations receiving state resources.

For covered contractors, the requirements extend to directors, shareholders, authorized representatives and ultimate beneficial owners—the people who ultimately own or control a company.

Declarations include information about professional and financial activities, relationships with state contractors and interests in companies, foundations and trusts in Panama or abroad, Nexo reported.

ANTAI says the regulation establishes mechanisms to prevent, identify and manage conflicts, alongside the responsibilities of the relevant oversight bodies.

The official text also provides for investigations initiated by ANTAI, requested by a superior or prompted by a complaint. Certain officials remain subject to special investigative procedures established by the Constitution or other legislation.

ANTAI must maintain a register of final sanctions and publish guidance to help covered individuals identify possible conflicts.

The October decree establishes implementation rules for the existing law. Its publication does not itself demonstrate that declarations have been submitted, verified or acted upon.

Sources: ANTAI, Official Gazette