Wednesday, September 03, 2008

Should You Use an Offshore Corporation?

Asset Protection for Everyone: Secrets to Legally Safeguarding Your Hard-Earned Money, Home & Business by Roland Frasier is a handy guide for those starting in asset protection planning.

One of its chapters has this questionnaire which is very useful to determine if one's assets are large enough to justify the expense which going offshore involves.

QUICK QUIZ – SHOULD YOU USE A FOREIGN CORPORATION IN YOUR PLAN

  1. Do you have liquid assets of more than $ 100,000? ______ Yes _______No

  1. Are you prepared to spend $ 10,000 or more to set up and implement a foreign corporations and nominees, if any? ______ Yes _______No

  1. Are you prepared to spend $ 1.500 - $ 5.000 per year to maintain your foreign corporations and nominees, if any? ______ Yes _______No

  1. Are you willing to file all of the necessary documents with the Internal Revenue Service when establishing the foreign component to your asset protection plan? ______ Yes _______No

  2. Are you willing to accept the risk of having your assets in stable but uninsured banks? ______ Yes _______No

6. Can you afford to wait 10 – 15 days to access your foreign representatives for signatures on documents and the like? ______ Yes _______No

7. Can you afford to wait for U.S. checks or wires to be processed through to your foreign accounts (10-15 days)? ______ Yes _______No

8. Are you willing to periodically travel to the country where you will incorporate your foreign corporation? ______ Yes _______No

9. Are you willing to prepare the extra tax returns and filings associated with having a foreign corporation? ______ Yes _______No

10. Are you comfortable with an aggressive tax and asset protection strategy?

______ Yes _______No

Scoring: Unless you answered yes to all ten of the questions above, a foreign corporation is probably not right for you. People who use foreign corporations for asset protection planning and tax reduction must be willing to take and defend an aggressive tax position with the Internal Revenue Service. They must be willing to complete all reporting and compliance filings when the corporation is created and as it continues to operate. Delays of ten to fifteen days are common when dealing with overseas banks and representatives. If you aren’t comfortable with or can’t afford to have such delays, you should avoid the use of foreign corporation.

However, for those who can deal with the extra complications of having a foreign corporation, the tax reduction and asset protection benefits can be substantial. While no plan is ever completely risk free, plans that use foreign corporations do offer the greatest protection for your assets.



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Monday, August 18, 2008

New Panama City taxi rates

In our previous posting Panama city taxi rates will be raised we informed about the new Panama City taxi rates. With their publication this August 14 in the Official Gazette, the rates are effective.
If you are good at finding your way in a map and have a good sense of direction, you can print these maps and download the gazette to fully understand the rates.

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Saturday, August 16, 2008

New Regulations for Immigration Law are enacted

Minimum amounts for investment visas are increased

As announced in a previous posting, regulations for Immigration Law were being drafted. Executive Decree 320 of 2008 was published this week and gives the fine print for the Immigration Law enacted in early 2008.

Effective August 26, the main changes from current practice would be:

- Tourists may remain in the country only for 90 days, with only those with an original period under 90 days being able to ask for an extension to complete the 90 days when justified (Art. 21),
- Foreign workers within the 10% maximum must have a salary of US$850 monthly to apply for residency and work permit (Art. 79), up from US$500,
- Foreign executives representing foreign multinationals under the WTO Marrakech-round visas must have a salary of US$1000 monthly to apply for residency and work permit (Art. 92), up from US$500,
- Investor permanent visas may only be granted after having asked for three 2-year temporary visas for a total of 6 years (Art. 95),
- Agricultural visa minimum investment is raised to US$60,000 (Art. 96), up from no minimum,
- Forestry temporary visa minimum investment is raised to US$60,000, up from US$40,000, with an additional requirement of 10 hectares purchased (Art. 100),
- Forestry permanent visa minimum investment is doubled to US$80,000, with an additional requirement of 20 hectares purchased (Art. 180),
- Small-business investor visa is eliminated,
- Macro-business investor visa minimum investment is raised to US$160,000, up from US$100,000, with an additional requirement of 5 Panamanian full-time workers (Art. 185, 188),
- Self-solvency investor visa minimum investment is increased to US$300,000, up from US$100,000, left in Panama bank account for 3 years (Art. 192).
- Self-solvency investor visa minimum investment alternatives include also real estate for which at least US$300,000 is paid for, free of mortgage (Art. 193) or a mixture of a 3-year deposit and mortgage-free real estate up to a combined minimum of US$300,000 (Art. 194),
- Self-solvency investor visa real estate may be held under a Private Foundation which founder or beneficiary is the applicant,
- The minimum return on a Panama National Bank CD for the Rentista visa is increased to US$2,000 monthly, up from US$750 (Art. 196),
- Pensionado minimum income is raised to US$1,000, up from US$500, or a mixture of US$100,000 in directly-held Panama real estate (Art. 200 - it does not specify if the property is free of mortgage),
- Pictures must show the face of the applicant (no full burkha pictures) (Art. 245),
- Tourists must enter with passport having no less than 3 months of duration (Art. 255),
- Multiple-entry permits may be issued for up to 5 years, up form 2 years (Art. 262).

The final text of the 2008 Immigration Regulations and Law can be downloaded in PDF files (Yahoo registration required):
http://groups.yahoo.com/group/Live_in_Panama/files/ED320_08Migracion.pdf
http://groups.yahoo.com/group/Live_in_Panama/files/DLey3_08Migracion.pdf

More about the new Panama Immigration Law in:
"Collapse" at Immigration offices
30-day countdown to new Immigration law requirements
Immigration and Visas
Regulations for Immigration Law are being drafted
2008 Immigration Law finally published

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Thursday, August 07, 2008

"Collapse" at Immigration offices


Long lines are filmed by the TVN News crew at Immigration, with 20 days to go until the entry in force of the new Immigration law. Applicants waited from 5AM until 1PM under 90 degree temperatures to file their paperwork.

This lady complained that "peddling of influences" occurs in the granting of numbers for applicants to be served at Immigration. Only 40 applicants are served for some of the procedures.

Video in http://mypanamalawyer.blogspot.com/2001/01/collapse-at-immigration-offices-videos.html



Revulú en Migración 08/06/2008

Castalia Pascual














A mediados de este mes de agosto entrará en vigencia la nueva ley de migracion. . esto ha ocasionado que el numero de tramites se triplique provocando largas filas en la Direccion de Migracion que con el tiempo se han quedado chicas.



Ver Video


Tuesday, August 05, 2008

Bar Association announces malpractice cases

The Honor Tribunal of the Panama Bar Association published an ad serving several lawyers about the malpractice cases against them. Service had to be made through a newspaper because the lawyers could not be located or refused to be served in person.
The Bar Association website a list of attorneys found by the Honor Tribunal as guilty of ethics violations and recommended for their disbarment or suspension by the Supreme Court, as well as a list of attorneys in good standing with bar dues.




Edictos de la Gaceta Oficial No. 25962
Gaceta No. 25962 lunes, 21 de enero de 2008


TRIBUNAL DE HONOR
COLEGIO NACIONAL DE ABOGADOS
Edicto Emplazatorio No.02- 24-10-2007

El Tribunal de Honor del Colegio Nacional de Abogados, ordena la notificación por edicto de los siguientes abogados denunciados por supuestas faltas a la ética, los cuales no le ha podido surtir la notificación personalmente:

MANUEL E. CAJAR, DENUNCIA PRESENTADA POR: JOSE ANTONIO ALVAREZ

GASTON GARRIDO, DENUNCIA PRESENTADA POR: CARLOS MARIO ZAPATA AREIZA

CARLOS ARTURO DE LA ROSA, DENUNCIA PRESENTADA POR: ALVARO GOMEZ GOMEZ

CESAR GUARDIA, DENUNCIA PRESENTADA POR: MIRANY DE RAMIREZ

LEONEL URRIOLA CASTILLO, DENUNCIA PRESENTADA POR: HERMELINDA VALDES.

LUIS DE LEON ARIAS, DENUNCIA PRESENTADA POR: CELMA MONCADA DE GUERRA

JOSE ANTONIO MONCADA, DENUNCIA PRESENTADO POR: SILVYA TAM DE LOWE

LOURDES RÍOS DE VALLARINO, DENUNCIA PRESENTADA POR: LOURDES CASTILLO R.

MANUEL E. CAJAR, DENUNCIA PRESENTADA POR: EDITH MARIELA JIMENEZ

LUIS STAMP K, DENUNCIA PRESENTADO POR: ELISEO ALVAREZ

GILBERTO TORREROS, DENUNCIA PRESENTADA POR: FELIPE FERNANDEZ

ALEJANDRO WATSON, DENUNCIA PRESENTADA POR: TOMAS RAFAEL DURFEE

PEDRO MORENO GONZALEZ, DENUNCIA PRESENTADA POR: VIOLETA SOTO

DARIO MONTERO, DENUNCIA PRESENTADA POR: ALEJANDRO CALVO

AMEGLIO MONCADA, DENUNCIA PRESENTADA POR: RODRIGO VELARDE

HUMBERTO MOSQUERA, DENUNCIA PRESENTADA POR: VIRGILIO QUIÑONES Y OTRO

NITIDO SOSA LÓPEZ, DENUNCIA PRESENTADA POR: ROGELIO VERGARA

PEDRO MORENO GONZALEZ, DENUNCIA PRESENTADA POR: JUAN LOBON

BENJAMIN ARIAS GORDON, DENUNCIA PRESENTADA POR: ELBA C. SANCHEZ

MIGUEL WATTS, DENUNCIA PRESENTADA POR: OMAR ENRIQUE WEVER

GUILLERMO SERRANO F., DENUNCIA PRESENTADA POR: MANUEL RÍOS G. Y OTRO

RAFAEL SANTAMARÍA DENUNCIA PPRESENTADA POR LEONIDAS DE GONZALEZ

MIGUEL WATTS, DENUNCIA PRESENTADA POR: OMAR ENRIQUE WEVER

MANUEL DE J. BECERRA Q., DENUNCIA PRESENTADA POR: ARISTIDES HASSAN POLO

VELVIT SALMON, DENUNCIA PRESENTADA POR: MARTA E. MORENO DE PINEDA

JUAN ANTONIO MORALES, DENUNCIA PRESENTADA POR: REYES SALDAÑA CASTILLO

HECTOR LOPEZ, DENUNCIA PRESENTADA POR: FELIX HUMBERTO ANTINORI

RAUL OSSA, DENUNCIA PRESENTADA POR: EDILBERTO KOOCSSY

JORGE ALBERTO CASTILLO, DENUNCIA PRESENTADA POR: EDUARDO ENRIQUE MARTINEZ

EVA LORENTZ, DENUNCIA PRESENTADA POR: LAUREANO ORREGO

CRISTOBAL DELGADO, DENUNCIA PRESENTADA POR: AUGUSTO ROGELIO DELGADO

HUMBERTO MOSQUERA, DENUNCIA PRESENTADA POR: INOCENCIO ORTIZ

ARMANDO RAMOS RODRIGUEZ, DENUNCIA PRESENTADA POR: EFREN BARRIOS

AGUSTIN BURKE, DENUNCIA PRESENTADA POR: GILBERTO ALEJANDRO ROBINSON

JORGE ALBERTO CASTILLO, DENUNCIA PRESENTADA POR: JOSE MAURICIO ACEVEDO MARIN

VICTOR SAMANIEGO, DENUNCIA PRESENTADA POR: ANTONINA BALLESTEROS

JUAN ALVEO, DENUNCIA PRESENTADA POR: JUAN ELIAS GONZALEZ PEREZ

HELBERT PEREA, DENUNCIA PRESENTADA POR: JUANA SANCHEZ DE SINGH

OSCAR AMADO HERNANDEZ CASTILLO, DENUNCIA PRESENTADA POR: RUBEN DARIO JIMENEZ

FELIPE GONZALEZ, DENUNCIA PRESENTADA POR: CARLOS BONILLA LARA

ROBERTO JOHNSON, DENUNCIA PRESENTADA POR: RAFAELA ALMONTE

MARCIAL CUADRA FEDEE, DENUNCIA PRESENTADA POR: EDUARDO ENRIQUES NAVARRO

ABDULKHABEER MUHAMMED, DENUNCIA PRESENTADA POR: VERNA BECKFORD

HUMBERTO MOSQUERA, DENUNCIA PRESENTADA POR: HECTOR BETHANCOURT

ABNER ALVAREZ, DENUNCIA PRESENTADA POR: JUSTO PASTOR BUSTAMANTE

SAMUEL MARIN, DENUNCIA PRESENTADA POR: ISAAC JHACOB DE GRACIA AYALA

EVA ARGENTINA LORENTZ FRANCO, DENUNCIA PRESENTADA POR: OCTAVIO CAMILO BARUCO

NODIER SANTIAGO QUINTERO, DENUNCIA PRESENTADA POR: JULISSA SATILLO ADAMES

JORGE SERRACIN, DENUNCIA PRESENTADA POR: MARLEN MENDOZA DETHORNE

PABLO DIAZ y JORGE MASTROLINARDO, DENUNCIA PRESENTADA POR: NELSON ESQUIVEL PERALTA

DANIEL HENDERSON MORA, DENUNCIA PRESENTADA POR: MANUEL REBERTE

UBALDO IVAN SAMANIEGO DENUNCIA PRESENTADA POR: RICARDO LEMUS CALDERON

XIOMARA VALLARINO y ABDIEL ARTEAGA, DENUNCIA PRESENTADA POR: ANDREW WATSON MC CARTHY

LUIS DE LEON ARIAS, DENUNCIA PRESENTADA POR: CELMA MONCADA

JOSE LUIS GARCÍA, DENUNCIA PRESENTADA POR: EMMA GONZALEZ

ROBERTO JOHONSON, DENUNCIA PRESENTADA POR: DENNIS E. BRAY

DILIA ESTELA CORNEJO MENESES PRESENTADA POR: EDWIN APARICIO

LUIS ALFONSO PALACIOS PRESENTADA POR: DORIS SORIANO DE PINILLA

Copia de este edicto será fijado de manera visible en el Colegio Nacional de Abogados y publicado por una sola vez en la gaceta oficial.

Se advierte a los abogados denunciados, que de conformidad con el artículo 16F del Reglamento Interno del Tribunal de Honor, la notificación se entenderá hecha transcurridos 30 días de la publicación en gaceta oficial del presente edicto.

TRIBUNAL DE HONOR

Lic. Miguel Antonio Bernal
Presidente

Lic. Antonio Loaiza Batista
Secretario




More information in
Bar Association continues prosecution of malpractice cases

Saturday, July 26, 2008

30-day countdown to new Immigration law requirements



In case you are still thinking about which visa to apply for, the Panama Immigration Spanish version has a handy reminder that "Effective August 26, 2008, [Law] Decree 6 of February 22, 2008, will be in force". The English version has not been updated since early 2007.

This means that in 30 days minimum investment and solvency requirements are likely to have been doubled and several visa categories (including the Rentista second passport) will have been eliminated.

* They forgot to word "Law"

More about the new Panama Immigration Law in:
Immigration and Visas
Regulations for Immigration Law are being drafted
2008 Immigration Law finally published
New draft Panama Immigration Law slows down.

Saturday, July 05, 2008

Levin - Obama Bill seeks to end confidentiality of US corporations

Panama attorneys are required by Panama "know-your-customer" laws to keep confidential files on who are the beneficiaries of the corporations, private foundations and trusts for which they provide resident agent services. However, the information can only be released to Panama prosecutors when a criminal investigation is conducted by the authorities or when assisting foreign authorities in non-civil cases.

When said KYC laws were enacted back in 1994, Panama attorneys warned the authorities that the bad guys would only head for Delaware, Nevada and Wyoming, where incorporators sell corporations online in 24 hours to anybody with a number from a stolen credit card and a mail drop to receive the corporate papers. In the end it was good for the Panama incorporation business because it served to weed out bad clients and improve the financial center.

13 years later, Senator Levin proved right this prediction by sentencing that "criminals are hiding behind U.S. corporations while committing all sorts of crimes -- from terrorism to money laundering, fraud and tax evasion."

Senators Obama, Levin and others have sponsored the "Incorporation Transparency and Law Enforcement Assistance Act" which is not making Resident Agents in the US very happy. The bill would be the equivalent of submitting shareholder records of privately-held corporations to the Public Registry.



Transparency bill draws mixed reactions

Group official says measure to have secretaries of state keep records of businessowners' identities impedes business


A spokesman for Nevada registered agents, who make their living filing incorporation papers for businesses, says a bill that would require states to keep corporate ownership records is the worst legislation imaginable.

But other state officials reacted differently to the Incorporation Transparency and Law Enforcement Assistance Act, which Democratic presidential candidate Barack Obama, Sen. Carl Levin, D-Mich., and Sen. Norm Coleman, R-Minn., introduced Thursday.

...

The bill would require secretaries of state to maintain records of the identities of owners of private corporations and limited liability companies. Although states could keep the owners' names confidential from the public, state officials would be required to provide the records in response to a law enforcement agency's subpoena or summons.

"Criminals are hiding behind U.S. corporations while committing all sorts of crimes -- from terrorism to money laundering, fraud and tax evasion," Levin said. "The bill we are introducing today will strike a blow against corporate secrecy, strengthen law enforcement, and curb the misuse of U.S. corporations."

Levin is chairman of the Senate Permanent Subcommittee for Investigations, which in November 2006 challenged officials of Nevada and Delaware about laws that allow corporate owners to hide their identities.

Critics of the bill call the measure unnecessary government intrusion into the investments of businesspeople who are legitimate.

"This is a huge impediment to new business," Derek Rowley, president of the Nevada Registered Agent Association, said in an e-mail. "In our current economic times, I can't imagine a worse idea."

....

Rowley lambasted the bill.

"It surprises me that Senator Levin is introducing this bill at this time, given the fact that the National Association of Secretaries of State has adopted a series of recommendations that we feel offer a very reasonable solution if they were instituted consistently in all the states," Rowley said in an e-mail. "Senator Levin is introducing this bill as though the states have been completely unresponsive, and that simply isn't the case."

The registered agent association worked with the Nevada secretary of state's office to help lawmakers adopt legislation for dealing with the same issue, he said.

The new Nevada law provides that law enforcement can request ownership records from corporations and LLCs. If the company fails to respond, the secretary of state can dissolve the corporation.

Rowley thinks the federal bill goes too far.

"(The Levin bill) mandates the disclosure of 'beneficial ownership' of all corporations and LLCs in the U.S.," he said, "a feat that is technically impossible."

Contact reporter John G. Edwards at jedwards@ reviewjournal.com or 702-383-0420.

Full text in http://www.lvrj.com/business/18544189.html

Full text of Bill http://thomas.loc.gov/cgi-bin/query/z?c110:S.2956:

Obama Joins Levin and Coleman to Introduce Bill to Stop Misuse of U.S. Companies http://obama.senate.gov/press/080501-obama_joins_lev/

Summary of Incorporation Transparency and Law Enforcement Assistance Act http://levin.senate.gov/newsroom/release.cfm?id=297089

UCLA Prof says bill "burdens states and legitimate businesses" http://www.businessassociationsblog.com/lawandbusiness/comments/the_incorporation_transparency_and_law_enforcement_assistance_act/

Vote for/against the bill http://www.washingtonwatch.com/bills/show/110_SN_2956.html





Saturday, June 28, 2008

Panama Online Gambling Regulation

After being shut out of the U.S. market last year with the Unlawful Internet Gambling Enforcement Act (UIGEA), companies such as UK's Partygaming (PRTY.L) and Austria's Bwin (BWIN.BE) continue operating legally, even getting funds from investors in the London Stock Exchange and looking forward to customers in emerging markets of China and India. Representatives Barney Frank and Ron Paul introduced H.R.5767 which would stop its implementation but approval will not discourage others doing business outside of the U.S.

The Inter-American Trade Report, October 2003, has a short summary of the regulation for online games in Panama.



PANAMA: Online Gambling Regulation

Panama regulated online gambling operations this past February via Resolution 065 of the Games Control Board (Junta de Control de Juegos). Although under the Constitution gambling is a state monopoly, local jurisprudence has upheld the power of the State to grant concessions to operate said activities on its behalf to private companies. Online casinos would be exempt from Panama income taxes, since Panama taxes only local-source income and the Regulation allows online transactions only with users from outside of Panama.

Online gambling operations must prove economic solvency and previous related experience, and upon granting of the license must pay a US$10,000 fee and a yearly US$20,000 license.

Operators must comply with money-laundering regulations and notify the Financial Analysis Unit of any suspicious transactions above US$10,000. An account must be maintained to guarantee payment to winners. Infringements are subject to a fine ranging from US$1,000 to US$50,000.

By Alvaro Aguilar
Gaceta Oficial, Feb. 3, 2003
http://www.natlaw.com/panama/topical/ec/ecomm.htm


Keywords: online gaming, casino, gambling

Thursday, June 19, 2008

Getting a Job in Panama as a Foreigner


This is a frequent question I get. If you google getting a job in Panama, you will read that for foreigners without a work permit finding a job has to do with personal contact as much as (or more than) having a US degree.

Panama is a great place to be an entrepreneur if your clients are located worldwide - not as good place to be an employee of a Panama company. If you think about being a "salaryman" in Panama, the call center at Dell always needs young insomniacs at US$600/month.

Most companies feel that US or European workers will come with expectations of a stateside salary which will create jealousies from local staff which performs the same work. Branches of US multinationals are usually manned by an expat send from headquarters who does not want another English-speaking stateside young mind to steal away his thunder. Many Panama companies are privately-held and prefer to hire an incompetent relative over a smart finance wiz from Wharton. UN, STRI, embassies and other international organizations or NGOs usually tailor their hiring ads in order to favor a friend they want to hire ("International Relations graduate with 13.5 years of experience with a government organization and 3.25 years working in a European country").
Foreign professionals will find that Panama-owned companies are unwilling to go through the work permit hassle unless they feel they really need somebody (MBA in finance, bilingual accounting and occasionally marketing) or are really needed because of a short supply (all Civil Engineering and Port-related degrees - and now even Geology experts). By law, companies cannot hire more than 10% of their staff as foreigners so they think twice about their hiring.

Needless to say, fluency in Spanish is helpful, a work permit is crucial. Thinking about moving to Panama with a family and then finding a job - as some have suggested by email - is not prudent. Things to do which are not guaranteed to get a foreigner a job but certainly do not hurt:

- Send resumes in SPANISH and English to Panama alumni. Your college's alumni office should have their addresses. Pay a Spanish translator to proofread the Spanish version. Most Panamanian alumni may have aced their written exams in the US but are more comfortable with a resume in Spanish.

- List your resume with Panama headhunters registered in http://www.panamcham.com/business_center/business_directory.asp?cat=H14 and Panama websites like www.mastrabajo.com Specify that you are willing to pay all expenses of your relocation, work permit and visa.

- Read the 2 leading business weeklies in Panama: http://www.martesfinanciero.com and http://panama.capitalfinanciero.com Not only do they give you most of the hard realities on Panama business, the new, progressive companies and they also have job surveys every so often.

- If you can afford it, enroll in a good Panama MBA program http://www.latintrade.com/resources/MBA%20Ratings%20Oct07%20eng2.pdf . Locals who are currently working with Panama companies attend there. Even better, enroll with Thunderbird or another school popular with Latin execs to start a networking process BEFORE relocating.





Back when Latpro was just a free conference list and before they started charging for their website services, its founder Eric Shannon circulated a very revealing email about how HR people at multinationals think, when going abroad:

Subject: Managing Your International Career Forum Synopsis
Date: Thu,16 Oct 1997 08:31:49-0400
From: Eric Shannon eshan@one.net
To: “Latco list(E-mail)”latco@psg.com

This email contains a synopsis of “Managing Your International Career” a forum held September 22, 1997 by the Global Business Association of New York City.

Best Regards,

Eric Shannon
Latin America’s Professional Network (LATPRO)
For more information about LATPRO, send a blank email to index@mailer.mindexchange.com or visit our web site: http://www.latpro.com

KF = Korn Ferry
CX = CONEX / Intersearch
WMB = West Merchant Bank

WHAT IS THE TYPICAL PROFILE OF THE CANDIDATE YOU ARE LOOKING FOR IN LATIN AMERICAN?

Both KF and CX are “agressively seeking” Spanish speaking candidates. In the last six months CX finds Information Technology to be the hottest market. KF agrees but says recruitment for these positions is a “local issue”. KF says Mexico is a “hot market”, Venezuela is coming back nicely, Brazil office is expanding rapidly while Argentina is flat. The major drivers are multinationals and some large indigenous family conglomerates.

WMB emphasizes that they are mostly sending infrastructure people to Latin America – technology and intranet specialists.

All the panellist agreed that they prefer to hire foreign nationals (locals) over US citizens for foreign assignments. They emphasized several times that the corporation will always choose the fastest, most efficient, cheapest alternative. A foreign national with a “western education” is always their first choice.

WMB- Doesn’t like to hire US citizens in foreign countries because in this situation they are paid as locals and find themselves sitting next to another American from headquarters who makes more money.
Goldman Sachs VP disagreed, has no problems making these hires.

The panellists report that Americans with foreign MBA’s are not at a disadvantage with their US educated counterparts and they also view the executive MBA no differently than the full time MBA.

When they do send US citizens on foreign assignments they look for mentor / teacher types who can more easily train locals to replace themselves

WHAT IS THE BEST WAY TO GET A FOREIGN ASSIGMENT?

CX remarks that a good way to get an international assignment is to attend an international MBA program such as Thunderbird’s, MIBS, or pepperdidine’s. Recruiters tend to gravitate to their alumni networks particularly the more organized ones. WMB agrees; “strong alumni networks play a key role in our recruiting”.

KF says the best way to get overseas is to go to work for a company with revenues of 10 billion or more in a domestic assignment and lobby persistently for an expatriate assignment. WMB agrees and mentions that they generally don’t send anyone overseas who doesn’t have several years experience with the company.

KF- Be careful picking your international assignment as the general manager of operations in a small country, you may be forgotten- “Vince Who???” Have an exit strategy or end up in a job you had ten years ago when you get back. Try to negotiate your next job when they promote you. Even if you do this, the person you negotiated your career path with may have been axed when you get back!

HOW DO YOU FEEL ABOUT A CANDIDATE WHO HAS SPENT SIX MONTHS OR A YEAR TRAVELING THE WORLD?

AM- I like it, sometimes companies are looking for that types of person. My boss however would say he doesn’t like it. Companies look heavily at the chronology of your resume.

KF- This is a very serious issue with a man – if his career is substantive or if he has been job seeking, it isn’t so bad. Unemployment or consulting gaps are OK but travelling is a serious question mark for me.

WMB – If you haven’t been laid off in financial services you lack experience.

HOW DO YOU LOOK AT A CANDIDATE WITH OVERSEAS GOVERNMENT EXPERIENCE BUT NO CORPORATE EXPERIENCE?

AM – If the person has the skills the client is looking for and there is chemistry between the candidate and the client and the company is flexible – no problem. The search is always steered by what the client says.

KF – this person should look into opportunities with the consulting companies.

Monday, June 09, 2008

U.S.-Panama Trade Promotion Agreement - New York Farmers Will Benefit

You are here: Home / Publications / FAS Fact Sheets / U.S.-Panama Trade Promotion Agreement / New York
FACT SHEET:
U.S.-Panama Trade Promotion Agreement - New York Farmers Will Benefit

November 2007

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The U.S.-Panama Trade Promotion Agreement eliminates tariffs and other barriers on most U.S. goods, increasing export opportunities for agricultural products important to New York. With immediate elimination of duties on over 60 percent of current U.S. trade, this agreement changes the one-way street of duty-free access currently enjoyed by most Panamanian exports into a two-way street benefiting both countries. The American Farm Bureau strongly supports the agreement, predicting widespread gains for U.S. agriculture exceeding $190 million per year.

New York's exports to all countries, estimated at $671 million in 2006, supported about 7,900 jobs, on and off the farm. These export sales make an important contribution to the New York farm economy which had total cash receipts of $3.5 billion in 2006.

Dairy. The dairy industry accounted for 46 percent of the state's farm cash receipts with earnings of $1.6 billion in 2006. New York is the nation's third largest exporter of dairy products. Dairy farmers will benefit from the Panama agreement.
  • U.S. exporters will have immediate duty-free access to nine preferential dairy tariff-rate quotas (TRQs) with a combined total of 3,986 tons. These include 2,625 tons of skim milk powder, 728 tons of cheese, 263 tons of ice cream, and 370 tons of other dairy products. These quantities will grow by 4 or 5 percent each year and the over-quota tariffs for these TRQs, which range from 15 percent for ice cream to 50 percent for milk powders, will be phased out in 15 to 17 years.
  • U.S. dairy exporters will continue to have access to the global TRQs for 3,830 tons of milk powder and 3,782 tons of cheese that are part of Panama's World Trade Organization commitments.
  • Panama will eliminate its 30-percent tariff on dried whey products immediately. The tariffs on most other dairy products, which currently face duties as high as 140 percent, will be phased out over 15 years.
  • In addition, Panama has already implemented our December 2006 bilateral agreement on sanitary and phytosanitary (SPS) measures and technical standards by recognizing the equivalence of the U.S. food safety systems for processed foods, including dairy products, and by streamlining its product registration system for packaged foods. This will allow U.S. food processors to export dairy products to Panama without burdensome paper work and without having each facility and shipment inspected by Panamanian authorities.
  • The National Milk Producers Association supports the Agreement, noting that "Panama imports nearly half its dairy products, and the U.S. stands to become a larger supplier once the FTA is finalized."

  • Fruits. The fresh and processed fruit industry is important to the state. Apple growers along earn $204 million a year. New York's apple producers will benefit from this agreement.
  • Panama will eliminate its tariffs on nearly all fresh and processed fruits immediately.
  • Following are examples of fruit products of importance for New York that will be duty-free immediately (the currently applied tariff is indicated in parentheses): apples (2 percent), concentrated apple juice (Free), and concentrated grape juice (15 percent).
  • Panama will phase out its 15-percent tariffs on single-strength apple and grape juices in 12 and 15 years, respectively.

  • Beef. New York's cattle and calf industry is the state's fourth largest source of farm cash receipts with sales of $157 million in 2006. The industry will benefit from the Panama FTA.
  • Panama will immediately eliminate its 30-percent duty on beef products of most importance to the U.S. beef industry--prime and choice cuts. Panama's tariffs on other cuts of beef will be phased out over 15 years.
  • The 10-percent tariff on beef tongues and livers will be eliminated in 5 years, and the 15-percent tariffs on other edible offal will be eliminated immediately.
  • Panama has already implemented our December 2006 bilateral agreement on SPS measures, reopening its market to U.S. beef by bringing its import requirements related to BSE into compliance with international standards.
  • Panama also accepted the equivalence of the U.S. meat inspection system, which allows U.S. inspectors to certify beef for export to Panama without having each facility and shipment inspected by Panamanian authorities.

  • Vegetables. New York exported an estimated $67 million in fresh and processed vegetables in 2006. Potato and other vegetable growers will benefit from this agreement.
  • Panama will eliminate its tariffs on nearly all frozen and processed vegetables immediately. The tariff faced by U.S. exporters for these products currently is 15 percent.
  • The tariffs for most fresh vegetables will be eliminated in 10-15 years.
  • Panama will provide immediate duty-free access within a preferential TRQ for frozen precooked French fries that starts at 3,640 tons and grows each year by 4 percent. The 20-percent over-quota tariff will be eliminated in 5 years.
  • Panama will eliminate its 15-percent tariff on potato chips immediately and the tariffs on potato flakes (15 percent) and other potato preparations (as high as 54 percent) will be phased out in 5 to 10 years. Panama will also establish a 765-ton duty-free preferential TRQ for fresh potatoes that will grow each year by 2 percent.
  • Panama will eliminate its 15 percent tariffs on frozen and canned sweet corn immediately.

  • Wines. As a leading U.S. producer and exporter of wines, New York wine producers will benefit from this agreement.
  • Panama's tariff on still wine is 15 percent. Under the agreement, the tariff on bottled table wine will be eliminated immediately while tariffs on all other wine categories will be phased out within 5 years.

  • Back to the
    U.S.–Panama Trade Promotion Agreement


    More information in:
    http://www.uspanamatrade.org/ Text of the Agreement and more links
    http://www.export.gov/fta/panama/panama_tpa_statedata.asp State Export Data
    http://ffas.usda.gov/info/factsheets/Panama/us-PanamaTPAfactsheets.asp Benefits to Agriculture by State

    Keywords: Free Trade Agreement, PAFTA, Trade Promotion Agreement

    Thursday, May 29, 2008

    Movement at former Ice Tower construction site

    A building crane is being set up and work continues at the site of the former Ice Tower. The builders of the former project refunded the down-payments to prospective buyers or consigned the deposits with local courts in order to wind-up the former project.



    Ice Tower Reader




    Sunday, May 25, 2008

    Regulations for Immigration Law are being drafted

    Draft regulations for the Immmigration Law Decree 3 of 2008 are being circulated for comments. The regulations are meant to compile our requirements into a single document and avoid differing interpretations by government officials. Among the main changes from current practice would be:

    - Applicants only have 10 business days after placing of a notice to remedy any defect in their documents,
    - The Immigration Consultive Commission (formerly National Security Commission) is authorized again to impose nationality quotas for residency,
    - Tourists deemed "personna non grata" may be denied entry on a non-discriminatory basis,
    - Tourists may remain in the country for 90 days, renewable for 60 days when justified,
    - Foreign workers must have a salary between US$1,000 and US$1,500 monthly to apply for
    residency and work permit, up from US$500,
    - Investor visas may only be requested by one applicant per company,
    - Forestry visa minimum investment is doubled to US$80,000,
    - Small-business investor visa is eliminated,
    - Macro-business investor visa minimum investment is doubled to US$200,000,
    - Self-solvency investor visa minimum investment is increased to US$350,000 left in deposit for 4 years.


    The categories for temporary resident visas are named in Spanish as follows:
    1. Por razones laborales
    * Permiso de residencia temporal a contratado por el gobierno nacional o entidades autónomas o semiautónomas.
    * Permiso de residencia temporal a contratado por empresas contratadas por el gobierno nacional.
    * Permiso de residencia temporal bajo Resolución de Ministerio de Trabajo dentro del 10% del
    personal panameño contratado por la empresa.
    * Permiso de residencia temporal dentro del 15% del personal especializado tales como gerente,
    personal de confianza, técnico o experto
    * Permiso de residente temporal en calidad de Ejecutivo de Zona Libre
    * Permiso de migrante remunerado desde el exterior
    * Permiso de residencia temporal miembro de prensa escrita o televisiva internacional
    * Permiso de residencia temporal de Acuerdo de Marrakech
    2. Por políticas especiales
    * Permiso de residencia temporal de productor, actor, técnico de cine y televisión
    * Permiso de residencia temporal por Convenio de la Ciudad de Saber
    * Permiso de residencia temporal por la Autoridad del Canal de Panamá
    * Permiso de residencia temporal del Ärea Económica especial del Panamá-Pacífico
    * Permiso de residencia temporal dentro de Zonas Procesadoras para la exportación
    * Permiso de residencia temporal por Servicios en Centro de Llamadas (Call Center)
    * Permiso de residencia temporal en calidad de ejecutivos de compañías internacionales
    * Permiso de residente temporal en calidad de migrantes que laboren en Empresas Multinacionales
    3. Por razones de educación, cultura y salud
    * Permiso de residencia temporal para en calidad de migrante que se someterán a tratamientos medicos
    * Permiso de residencia temporal para en calidad de investigadores y científicos
    * Permiso de residencia temporal en calidad de estudiantes
    4. Permiso de residencia temporal en calidad de religiosos, misioneros y misiones humanitarias
    * Permiso de residente temporal en calidad de misionero, religioso al servicio de la iglesia católica y ortodoxa
    * Permiso de residente temporal en calidad de misionero laico al servicio de la iglesia católica y ortodoxa
    * Permiso de residente temporal en calidad de estudiante para ser religioso
    * Permiso de visitante temporal en calidad de misionero religioso basado en el artículo 35 de la Constitución Nacional
    * Permiso de visitante temporal a extranjeros que ingresen por Asistencia Humanitaria Internacional.
    5. Permiso de residencia temporal de dependiente de un residente temporal.


    The categories for permanent resident visas are named in Spanish as follows:

    1. Por razones económicas
    * Permisos de Inversionista
    * Permiso de Solvencia Económica Propia
    * Permiso de Pensionado o Jubilado
    * Permiso de Rentista Retirado
    2. Por políticas especiales
    * Permiso para migrante que inviertan en empresas contratadas por Autoridad del Canal de Panamá
    * Permiso para migrante que inviertan empresas que se encuentran en el Área Económica Especial Panamá-Pacífico
    * Permiso para migrante de promotoras u operadoras de Zonas Procesadoras para la Exportación o empresas que se encuentran dentro de esas zonas.
    * Permiso para migrante que inviertan en Call Center
    * Permiso para migrantes que inviertan en la Industria Cinematográfica
    3. Por razones demográficas
    * Permiso bajo Sistemas de Cuotas
    * Permiso de Reunificación Familiar
    4. Por Convenios Internacionales


    The information comes from a draft, so it is subject to changes before its enactment.


    Tuesday, May 20, 2008

    Government under energy-saving schedule


    The Panamanian Government has enacted a decree whereby effective May 19 government workers will work non-stop from 7:30 AM to 1:30 PM. Workers of government-owned public utilities will continue with the normal schedule.

    For Immigration, this translates into a special schedule:
    Visa applications, extensions and multiple-entry filings will be received ONLY on MONDAY, WEDNESDAY and THURSDAYS 7 AM to 11:30 AM
    Consultations will only be provided on THURSDAYS.
    All entry to the public will end at 12:00 PM.

    The usual queue for a limited number of applications will be outside the Immigration office at 6AM.

    "Y las sonrisas, esas son gratis!"

    Saturday, May 10, 2008

    Latin America’s First “Branded City” Planned for Panama Gold Coast

    FOR IMMEDIATE RELEASE

    December 3rd, 2007

    Latin America’s First “Branded City” Planned for Panama Gold Coast

    Meneren Corporation, a US-based international project development/project management company today announced that it expects to resume completion of the detailed master plan for a 3,000 Hectare waterfront community along the Gold Coast of Panama, in Cocle Province.

    The preliminary master plan for this new community was crafted by internationally recognized North American master planning firms in 2006. It provided for 10,000 residential units situated on a series of golf courses, fresh and salt water marina’s, and an equestrian center.

    The incorporation of a Village Center, with commercial and retail space, an Ecological Center, several resort hotels, casino’s and spa’s, combine to create what is called a “Branded City” in booming overseas markets. Branded Cities have been very successful because their Developers have the ability to plan, design and build a fully sustainable community from the ground up. Grand Panama, as it is being called, will have an ultimate population of 25,000 and provide post-construction employment for an estimated 5,000 Panamanian’s.

    Grand Panama, will be designed and constructed using important “Sustainable Development” principles. Meneren Corporation was previously selected by the United Nations to complete a specialized development master plan to protect one of the most sensitive ecological treasures in the Eastern Hemisphere, and Meneren hopes to make Grand Panama one of the “greenest” large scale projects in the America’s—something that the people of Panama can be especially proud of.

    Meneren Corporation and its technical team have global experience in planning commercial marina’s and commercial cruise terminals, and believe that integrating a “mega-yacht” harbor into the Grand Panama master plan will benefit locals and international visitors to Panama and the region.

    The initial master plan effort for Grand Panama was suspended when the land which had been sold to Grand Panama International Ltd, Meneren’s Client, became entangled in one of the most contentious Probate Court disputes in Panama’s history. After a year and a half of intimidating charges and counter charges between the Legatees and the Executor of the estate, Meneren is now hoping that the land purchase can be allowed to go forward by the Panama’s courts in order to finalize the master plan and Government permitting process over the next months.

    Point of Contact: Bill Tolbert, 1-303-221-3369

    Full text in http://www.meneren.com/news.htm

    Grand Panama Project



    (For 2008 PDF Presentation,
    Click Here
    )
    2007 Powerpoint







    .

    Tuesday, May 06, 2008

    Merchant accounts provide new way to get dollars

    While most of the world economy is fleeing from the dollar to the euro and other economies, Venezuelans are opening credit card merchant accounts with banks in Panama and the Netherland Antilles to provide dollars to other Venezuelan nationals and making up to 20% in fees for that.

    Venezuelans taking circuitous route to get dollars



    WILLEMSTAD, Curaçao: Stroll down Columbustraat. Enter the smoke-filled lobby of the San Marco Hotel Casino. Proceed up one flight of stairs to the front desk. Dial room 106. Bring a credit card issued in Venezuela.

    In a desperate quest to get their hands on American dollars, Venezuelans are flocking to this island in the Netherlands Antilles to take part in this elaborate backroom scheme and dozens of others like it to get around currency controls imposed by the government of President Hugo Chávez....

    Trying to slow capital flight, Venezuela limits its citizens to $5,000 in annual credit card purchases abroad. That is 10,750 bolivars, at the official exchange rate of 2.15 to the dollar. But at the prevailing black-market rate of 4.5 to the dollar, the amount more than doubles to 22,500 bolivars.

    Seizing on that gap, some Venezuelans began coming to Curaçao's casinos last year and using their credit cards to buy chips. They then played a few hands and cashed in the chips for dollars, which circulate here along with guilders. But the casinos soon prohibited them from buying chips with their cards, because so few of the people were actually using the chips to gamble.

    Middlemen then moved in, organizing trips for Venezuelans and charging a 20 percent commission for cash advances at the office of a merchant, like the travel agency in Room 106 of the San Marco Hotel. The middleman and merchant divide the $1,000 commission, leaving the Venezuelan with $4,000 in cash.

    With a wink and a nod from local banks that process the transactions, the middlemen dummy up receipts, often for expensive electronic items, offering the travelers an alibi in case they are audited by back in Venezuela by bureaucrats loyal to Chávez.

    Full text in http://www.iht.com/articles/2008/03/12/america/journal.php?page=1


    Willemstad Journal

    Island’s Treasure, the Dollar, Lures Venezuelans

    By SIMON ROMERO
    Published: March 13, 2008

    ...Some Venezuelans hold the dollars as a hedge against economic uncertainty, while others exchange them back in Venezuela for bolívars at the black-market rate, for a profit. The merchants get hefty commissions for swiping credit cards.

    And in an illustration of where some of Venezuela’s oil wealth is going, some middlemen have accumulated fortunes. “I made $300,000 in December alone,” said Roberto, 31, a middleman who would not give his full name out of concern of being identified as a profiteer.

    Full text in http://www.nytimes.com/2008/03/13/world/americas/13curacao.html

    Monday, April 28, 2008

    Monaco With Bananas

    Forbes.com

    Richard C. Morais 05.05.08, 12:00 AM ET

    Who needs Liechtenstein or the isle of Jersey? We've got a lovely tax haven right in this hemisphere
    In 2005 Alexandre and Aude de Beaulieu, Parisians in commodities trading and public relations, picked up stakes and flew to the Republic of Panama. For $60,000 they bought, renovated and equipped a shop in Casco Viejo, a decrepit Panama City neighborhood that was filled with squatters but so architecturally unique it is a Unesco World Heritage site. Their business: gourmet ice cream, with flavors like cinnamon and basil.
    "Everyone told us we were crazy," says Alexandre. By which they meant that the entrepreneurs should set up shop closer to home. But France's thicket of taxes, regulations and restrictions on hiring and firing workers scared them away. "Panama is like California 20 years ago. Everyone I know is building something--a newspaper, a development. It's very uplifting."
    The De Beaulieus' ice cream parlor, called Granclément, furnished with family heirlooms and antique scoopers, has got glowing writeups in the Financial Times and numerous local papers. When FORBES visited the shop in February, a European film crew was shooting Granclément for a travelogue to be aired on KLM flights. Down the cobblestone lane construction workers were restoring a crumbling palace as a five-star hotel, while the latest James Bond flick was being filmed in a nearby square.
    Granclément is busy enough to generate maybe $150,000 a year in revenue, a good take in a country where shop clerks earn $4,000 in salary and benefits. So these 36-year-old self-starters and their four young children are on their way to becoming wealthy. This year the De Beaulieus will add supermarket distribution and a shop among the Miami-style high-rises and malls getting built in the modern banking quarter across the bay.
    ...
    America's recent exit was in some ways the real birth of Panama. This lively backwater--famous mostly for flying maritime flags of convenience and hosting dodgy finance--seems to have found its voice. Democratically elected governments have clamped down (somewhat) on corruption, signed several free trade agreements (the U.S. Congress has yet to ratify a 2007 deal with Panama) and instituted tax and social reforms.
    Meantime, even as the U.S. pulled up its drawbridge to many foreigners after the Sept. 11 attacks, its dollar was the standard for Panama, which (until lately, at least) has found the currency bulwark an additional attraction for some of those same itinerants.
    Result: Panama's GDP has been compounding at 7% these last five years. "Something's happened," says Joseph Harari, director of Panama's Credicorp (nyse: BAP - news - people ) Bank and an executive board member at the Wharton School in Philadelphia. "We've always had very liberal tax laws. But we also use the U.S. dollar to run our economy. It all helped."

    Panama's corporate tax rate is 30% and is levied on local income only. The U.S.' 35% federal corporate tax burden is, in contrast, the second highest in the world and is applied to global income. Caterpillar (nyse: CAT - news - people ), Procter & Gamble (nyse: PG - news - people ) and Hewlett-Packard (nyse: HPQ - news - people ) have all recently announced significant investments in Panama. The personal income tax, capped at 27%, is also limited; the De Beaulieus, for example, don't pay Panamanian taxes on their French investments, which face high levies at home.

    Between the glass towers of HSBC and BNP Paribas, South Beach-quality apartment complexes emerge from every weed-choked lot, turning Panama City's skyline into a porcupine of cranes. New developments are granted tax holidays for 10 to 20 years. On the seaside Avenue Balboa, famed interior designer Philippe Starck is filling a 56-floor tower; Panamanian and Colombian partners have teamed up with Donald Trump to build the 68-story Trump Ocean Club International Hotel & Tower, financed by a $220 million bond offering.
    According to one report 35 towers of over 20 floors are in construction. Besides the danger of overbuilding, there are stress signs of too-rapid growth: brownouts from an overtaxed electricity grid, a Third World sewage system under the First World high-rises. Filth is still pumped into the bay. The government says it is working on sewerage improvements.
    Of course, the newly arriving affluent also want high culture and good health care. Frank O. Gehry is designing Panama's museum of biodiversity; Hospital Punta Pacifica is the recently opened affiliate of Johns Hopkins Medicine International.
    The old Howard U.S. Air Force Base is a 20-minute drive from downtown Panama City. Dotted with ugly barracks, this 3,500-acre property is still oddly elegant, with rolling lawns and hills, reminiscent of an African savanna, interspersed with flowering rain forest. Europe's London & Regional Properties, with partners, recently won the contract for Howard.
    The plan, says Dan R. Marcus, an American developer who just arrived to run the project, is to build 12 million square feet of commercial space alongside 20,000 housing units, all woven together in a "holistic way." Houses will be integrated into the lush forest; on hand, everything from fire stations to chic restaurants. A free trade zone grants Howard-based firms generous VAT to income tax breaks.
    Backstopping all this glamour and hype are the canal and related ports. Some 14,000 ships a year make their way through the 50-mile link, paying a fee of up to $313,000. In 2006 Panamanians voted to build an additional set of locks, for $5.3 billion, that in 2014 will double capacity and finally allow modern and much larger container ships to pass through.
    ...
    Still, Panama has juice. At the dated but busy Veneto Casino, South American men line the bar, sipping beer and watching a soccer match. Gamblers pull the slots as hookers work the house. There's a lot of money sloshing around, and there will be more of it.
    Full text in :http://www.forbes.com/forbes/2008/0505/096.html



    International
    America's Loss, Panama's Gain
    Richard C. Morais 05.05.08, 12:00 AM ET

    Abraham Suchar is a 38-year-old Venezuelan who migrated to the U.S. and made good money in the Los Angeles construction boom of the late 1990s before hitting up against the real estate bust in Florida these last couple of years. Meanwhile, his childhood friend Roberto Molko, who married into a prominent Panamanian family, was down in Central America making a killing flipping apartments.

    "Florida is now famous among Latin Americans for little fortunes. You come with a big fortune, and you leave with a little one," says Suchar.

    So Suchar has joined his old friend in Panama, building office space. "With all the issues happening in the U.S., I have more of a chance to make a living here," he says. "And the quality of life is much better.

    "Two maids and a driver in Panama cost you $1,000 a month," he added. His Danish wife and their daughters have yet to be convinced.

    But January was Suchar's first month in Panama full time, and in that month the partners presold $17 million worth of real estate to Venezuelans fleeing Hugo Chávez socialism. Panama has low crime, says Molko; its clients are escaping the "kidnapping, robberies and assaults" routine back home.

    The U.S. is losing out, too. Sandra Snyder, an American who has written the hot-selling starter's guide Living in Panama (TanToes SA, 2007), says Sept. 11 has been the excuse for the U.S. government to soak foreigners for $130 to consider a visa application. "Imagine what that means to a middle-class family, with four kids, wanting to take a shopping trip to the U.S. or visit Disney," she says.

    So Latin America's arrivistes are bypassing the U.S. and heading instead to balmy Panama, where $5 and a 30-second visa form gets you waved into a country in which nearly all the top boutique brands are waiting for you in the marble-filled MultiPlaza Pacific Mall.


    Full text in : http://www.forbes.com/2008/04/20/panama-taxes-monaco-biz-cz_rm_0505panama.html

    Trump Tower is protected from IP litigation

    Newland International Properties Corp. (BVP: NEWL) has filed a US$200,000 bond with a Panama City circuit court to prevent damages from a possible lawsuit by the Jumeirah Group - owners of the sail-shaped Burj Al-Arab hotel in Dubai. The order also bars Jumeirah from continuing to send disparaging notes to Panama city permit authorities. This protective order is allowed by Judicial Code when there is a reasonable fear of damages from an unfounded lawsuit.

    Law 15 of 1994 on Copyright does protect architectural designs. However, the law also states that the architect is the owner of the design, not the builder who is merely granted a license. Newland declared to the media that it received the plans from Upper Deck Properties. According to the original prospectus filed with the Panama Stock Exchange, Upper Deck is an affiliate of Newland. The original design was prepared by Colombian architects Arias, Serna & Saravia (an affiliate of Newland) for Upper Deck, which also has 2 members in the Newland board:

    En el 2006, nosotros adquirimos el esquema arquitectónico preliminar para el proyecto del Trump Ocean Club de Upper Deck Properties, S.A. o “Upper Deck”, nuestra afiliada. Este esquema arquitectónico básico y preliminar fue originalmente preparado por Arias, Serna & Saravia, nuestra afiliada, e incluye los diseños y mercánica básicos para el proyecto y sus detalles arquitectónicos y especificaciones. (page 63) Upper Deck, una sociedad comercial incorporada de acuerdo a las leyes de Costa Rica y nuestra afiliada, contrató a Arias, Serna & Saravia, su afiliada, para el desarrollo de los planos y especificaciones del Trump Ocean Club en base a un contrato principal para diseño arquitectónico fechado al 30 de agosto de 2005. Subsecuentemente, nosotros adquirimos de Upper Deck los planos y especificaciones por el esquema básico y proyecto arquitectónico preliminar de Trump Ocean Club, en base a un contrato de compra venta de planos y especificaciones fechado al 3 de febrero de 2006.(80) Nuestra junta directiva esta integrada por 3 miembros, uno designado por Roger Khafif y dos elegidos por Upper Deck. (85)

    Newland has not listed the matter as a material event in their Panama Stock Exchange NEWL listing.

    More in http://mensual.prensa.com/mensual/contenido/2008/04/28/hoy/herald/1335288.html
    .

    Sunday, April 27, 2008

    Liechtenstein foundations become less atractive with secrecy breach

    Modern private foundations (Stiftungs) are a
    creation of Liechtenstein, a small Principality
    nestled between two neutral countries of
    Switzerland and Austria. Along with the
    Establishement (Anstalt), Liechtenstein provides
    structures which are used to hold assets in bank
    accounts protected by legal confidentiality.

    Early 2008 has shaken the confidence of the
    confidentiality in Liechtenstein with the sale by
    two bank officials of the names of bank account
    holders to taxx authorities of Germany, Spain,
    Portugal and - according to Der Spiegel - even
    the U.S. http://www.spiegel.de/international/business/0,1518,537640,00.html

    Former LGT-Liechtenstein Landesbank bank official
    Heinrich Kieber
    <http://www.spiegel.de/international/business//international/business/0,1518,535768,00.html>sold
    a DVDs to the German Financial Intellegence
    agents for close to €5 million ($7.4
    million). Spanish investigators were after
    Kieber for a 1996 fraudulent real estate deal in
    Barcelona, which had earned Kieber 600,000 Swiss
    francs ($553,000). He apparently fled to
    Argentina before returning to Liechtenstein,
    where he began working for LGT Bank in April
    2001. More than half of the investors and about
    3,100 foundations and establishments on the DVDs
    are from abroad. Some are part of organized crime
    in the Balkans and in Russia, including both
    well-known and relatively unknown companies.

    Unlike in Germany, where foundations serve a
    specific not-for-profit purpose , the law in
    Liechtenstein and Panama allows the founders of a
    foundation to benefit themselves and their
    dependents. Tax rates for foundations in
    Liechtenstein are also very low and are exempt
    from property, earned income and profit taxes.
    Only an annual capital tax needs to be paid,
    which amounts to 0.1 percent of the paid capital
    or 1,000 Swiss francs (620 euro/$904), whichever
    is greater. For capital valued between 2 million
    Swiss francs and 10 million Swiss francs, the tax
    rate is 0.075 percent. Capital valued above 10
    million Swiss francs is taxed at a rate of 0.05
    percent. Liechtenstein foundations are
    available for US$3,000, while Panama Foundations
    are available for US$950 and not taxed on income
    from non-Panama activities (including interest from Panama bank accounts).

    German tax authorities have no problem with
    interest made in Liechtenstein as long as it is
    declared in tax filings. To keep the money hidden
    from German financial officials , according to
    the DSTG, many people start foundations using a
    name that doesn't identify the founder and
    entrust the foundation's management to a trustee.
    According to DSTG estimates, within
    Liechtenstein's 160 sq km, there are roughly
    80,000 letterbox companies , many of which share
    an official address with many foundations. To
    hide even more tracks from the tax investigators,
    the foundation's capital can be deposited in a Swiss bank account.

    Switzerland and especially Liechtenstein have
    very strict bank secrecy . This is supposedly
    part of Liechtenstein's "basic attitude and
    tradition," as the country's Web site says.
    Financial institutions in Liechtenstein strictly
    reject all requests for account information even
    from German tax investigators.

    It remains to be seen how long secrecy
    last. Just before the Kieber debacle, the
    Liechtenstein government announced
    <http://www.liechtenstein.li/en/eliechtenstein_main_sites/portal_fuerstentum_liechtenstein/fl-staat-staat/fl-staat-aussenpolitik/fl-staat-aussenpolitik-aktuell/fl-staat-aussenpolitik-aktuell-presse.htm?&show=15&pmid=94536>amendements
    to the foundation law to be circulated for consultations.


    RELATED SPIEGEL ONLINE LINKS

    *

    <http://www.spiegel.de/international/business//fotostrecke/0,5538,29291,00.html>Photo
    Gallery: Cloak and Dagger Dealings in the
    <http://www.spiegel.de/international/business//fotostrecke/0,5538,29291,00.html>Alps

    *

    <http://www.spiegel.de/international/business//international/germany/0,1518,537139,00.html>The
    World From Berlin: 'The Tax Scandal Has Reached a New Level' (02/22/2008)

    *

    <http://www.spiegel.de/international/business//international/business/0,1518,536777,00.html>The
    Liechtenstein Affair: German Banks Suspected of
    Helping Clients Evade Taxes (02/21/2008)

    *

    <http://www.spiegel.de/international/business//international/europe/0,1518,536299,00.html>The
    Mouse That Roared: Liechtenstein Furious at Germany Over Tax Probe (02/19/2008)

    *

    <http://www.spiegel.de/international/business//international/business/0,1518,535768,00.html>Massive
    Tax Evasion Scandal in Germany: The Liechtenstein Connection (02/16/2008)

    *

    <http://www.spiegel.de/international/europe//international/business/0,1518,535230,00.html>Raid
    on Zumwinkel's Home and Office: Authorities
    Investigating Deutsche Post CEO for Tax Evasion (02/14/2008)

    Liechtenstein bank shares tumble as German
    authorities carry out more tax raids

    http://www.iht.com/articles/2008/02/18/business/18raidsfw.php .

    Liechtenstein agrees to change Foundation law

    http://www.liechtenstein.li/en/fl-portal-aktuell?newsid=15879

    Wednesday, April 23, 2008

    Panama city taxi rates will be raised

    New taxi rates will be in force once they are published in the Official Gazette. The zone
    system is expanded to include neighborhoods of Clayton and those along Transisthmian and Panamerican Highway.

    Panama City has around 19 thousand taxis - none of which seem to be available during a rainstorm.


    Taxistas cumplen su sueño

    http://mensual.prensa.com/mensual/contenido/2008/03/05/hoy/panorama/1285421.html

    Friday, April 18, 2008

    Austria banks and Panama foundation enhance confidentiality

    Austria - in the middle of Europe - provides a degree of banking secrecy which is granted by a Banking Law with the same rank as the Constitution. Unlike other financial centers - like Switzerland - which are more widely known as havens and therefore subject to higher scrutiny, Austria is known as a neutral country, headquarters to several United Nations offices. Bank accounts held by non-Austrians are not subject to Austrian taxes. Account owners can get the best of both worlds by opening Austrian bank accounts under the name of a Panama foundation, trust or corporation. Universal banks have also specialized investment staff to help with the purchase of foreign securities.
    Austrian authorities have pledged their continuing support of secrecy, despite multilateral actions such as the OECD black lists and the EU Tax Savings Directive.



    Austria: Bank´s Duty of Confidentiality by Michael Kutschera, Thomas Schirmer and Alexander Kramer Austrian law expressly recognises and protects a bank's duty of confidentiality (sometimes referred to as 'bank secrecy') with respect to information received by or relating to its customers. This duty is primarily governed by s 38(1) to (4) (scope and exceptions) and s 101 (criminal liability) of the Banking Act (BWG) and supplemented by several provisions of a procedural nature such as the Revenues Penal Code and the Criminal Procedure Code.
    Section 38(5) of the BWG, a provision of constitutional law, affords special protection to the provisions of s 38(1) to (4) of the BWG by stipulating that an amendment of these provisions requires - similar to an amendment of a provision of constitutional law - a quorum of at least 50% and a majority of two-thirds of the deputies to the National Counsel (Nationalrat, the more powerful of Austria's two Houses of Parliament).1
    Since 1 January 1994, the provisions on bank secrecy were partly amended, in particular with regard to money laundering, as Austrian law and banking practice initially permitted the opening of anonymous accounts in certain cases. In order to avoid the abuse of the Austrian banking system for the purpose of money laundering, Austrian banks in 1989 agreed on the wording of a uniform declaration, according to which each bank voluntarily undertook a number of duties to prevent such abuse.2 These duties were expanded by another declaration on additional duties of diligence in 1992, the compliance with which still was voluntary. .... The bank's duty of confidentiality Section 38(1) of the BWG reads: 'The credit institutions, their shareholders, organ members, employees, as well as persons otherwise becoming active for the credit institutions, are prohibited from disclosing or exploiting secrets which were entrusted to, or to which access was made available for, them on the basis of the business relationship with clients or on the basis of s 75 (3)5 hereof exclusively (Bank Secrecy). If, in the conduct of their official activities, organs of public authorities or of the Austrian National Bank, receive information which is subject to the Bank Secrecy, they shall maintain the Bank Secrecy as an official secret from which they may be released only in one of the cases set forth in s 38 (2). The duty of confidentiality applies without limit as to time.' Full text in http://www.mondaq.com/article.asp?articleid=31351

    Austrian 1920 Constitution Article 10 [Federal Legislation and Execution] (1) The Federation has powers of legislation and execution in the following matters: 5. the monetary, credit, stock exchange and banking system; the weights and measures, standards, and hallmark system Article 20 [Administration] (3) All functionaries entrusted with administrative duties of Federation, States, and Counties are, except for differing regulations by law, pledged to secrecy about all facts of which they have obtained knowledge exclusively from their official activity and whose concealment is enjoined by the public interest or that of the parties concerned. Official secrecy does not exist for functionaries appointed by a popular representative body if it expressly asks for such information. Full text in http://www.servat.unibe.ch/icl/au00000_.html

    Chancellor defends Austrian banking secrecy
    Chancellor Alfred Gusenbauer has defended Austrian banking secrecy before the beginning of the EU summit in Brussels on the EU's Lisbon strategy for economic growth and employment. He said that such secrecy was good for Austria as a financial location and gave the country and its people an advantage. He added that Austria was ready to cooperate with other countries on the issue of tax-evasion but that it wouldn't make sense "to sacrifice" a good arrangement like banking secrecy because of that crime, which occurred in all countries. He said that he didn't know if the summit would discuss banking secrecy, which wasn't on its agenda. March 14th, 2008 http://www.austriantimes.at/index.php?c=2&id=4143

    Bank secrecy is sacred in Austria
    Both SPÖ Chancellor Alfred Gusenbauer and ÖVP Vice Chancellor and Finance Minister Wilhelm Molterer have said that there is no need to change the Austrian bank-secrecy system in the wake of the revelation of widespread tax-evasion in Germany through use of personal foundations in Liechtenstein. Gusenbauer and Molterer claimed that the Austrian system conformed to relevant EU regulations. Molterer added that Austrian law on foundations and taxes differed significantly from Liechtenstein law in those areas and that bank secrecy would not apply in criminal proceedings. The FPÖ and the BZÖ are also opposed to changes in the Austrian bank-secrecy system. FPÖ finance spokesman Lutz Weinzinger declared that "bank secrecy is a core value in Austria and part of the country's business culture" but hastened to add that he was "no friend" of tax-evasion. BZÖ national councillor Veit Schalle added that foreign access to information about Austrian accounts would be an unacceptable assault on Austrian sovereignty and would massively damage the country as a financial location. The Greens are the only party that supports changes. They said that they would consider a parliamentary initiative in that regard if the German scandal spilled over into Austria. Austrian banks are also opposed to any changes in the Austrian system. Austria is on the Organisation for Cooperation and Development (OECD)'s black list for its failure to implement an EU-wide requirement for registration of capital gains. The OECD, the German finance ministry and the NGO ATTAC (Association for the Taxation of Financial Transactions for the Aid of Citizens) have all called for better clarification of tax-evasion in Austria. February 21st, 2008 http://www.austriantimes.at/index.php?c=2&id=3470