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PANAMA

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Panama has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

PANAMA

Since May 1996, last amended in October 2012
Since February 1998

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Law No. 35 of 10 May 1996, on Industrial Property (Ley N° 35 de 10 de mayo de 1996 por la cual se dictan Disposiciones sobre la Propiedad Industrial)

Executive Decree No. 7 of 17 February 1998 regulating Law No. 35 of 10 May 1996, which lays down provisions on industrial property (Decreto Ejecutivo No. 7 de 17 de febrero de 1998 por el cual se reglamenta la Ley N° 35 de 10 de mayo de 1996, por la cual se dictan disposiciones sobre la Propiedad Industrial)
Law No. 35 establishes a framework for the protection of trade secrets. Title IV of the Industrial Property Law regulates commercial and trade secrets and provides for liability for breaches of these provisions. In addition, Title IV of Executive Decree No. 7 of 17 February 1998 further implements and elaborates the rules set out in Law No. 35.
Coverage Horizontal

PANAMA

Since August 2009

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Resolution AN No. 2848-Telco (Resolución AN No. 2848-Telco)
There is an obligation for passive infrastructure sharing in Panama to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements. As established by Art. 1 of the Resolution AN No. 2848-Telco and Annex A on Regulations for the installation, operation, and shared use of towers and/or structures that support telecommunications service antennas.
Coverage Telecommunications sector

PANAMA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom companies
The government owns 49% of the shares of Cable & Wireless Panama, S.A., a Panamanian telecom company governed by private law.
Coverage Telecommunications sector

PANAMA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Panama does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation to separate the accounts since 1997. Pursuant to Art. 86 of "Executive Decree No. 73, which implements Law No. 31 of 8 February 1996 on telecommunications regulation in Panama", telecommunications service concessionaires must submit audited financial statements to the Regulatory Authority within three months of the end of their fiscal year. Under Art. 86.1, concessionaires that provide more than one telecommunications service may comply by either maintaining separate accounts for each service, or maintaining separate accounts by type of service (Type A and Type B). In addition, concessionaires providing mobile cellular telephone services are required to maintain separate accounts for that service.
Coverage Telecommunications sector

PANAMA

Since February 1996, last amended in June 1999
Since April 1997
Since June 2018

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Law No. 31/1996, which Establishes Rules for the Regulation of Telecommunications in the Republic of Panama (La Ley No. 31/1996, por la cual se dictan normas para la regulación de las telecomunicaciones en la República de Panamá)

Executive Decree No. 73/1997, regulating Law No. 3/1996 on Telecommunications (Decreto Ejecutivo No. 73/1997, por el cual se reglamenta la Ley No. 3/1996 de Telecomunicaciones)

Law No. 36/2018 regulating Economic Concentrations in the Mobile Market (Ley No. 36/2018 que regula las concentraciones económicas del mercado móvil)
In Panama, the legal basis for telecommunications licensing is set out in Law No. 31 of 8 February 1996 (Telecommunications Law) and its principal implementing regulation, Executive Decree No. 73 of 9 April 1997, which operationalises the statutory framework. The Telecommunications Law governs the installation, operation, and provision of telecommunications networks and services through concessions and authorisations, and it allocates core supervisory and enforcement powers to the sector regulator, the National Authority for Public Services (ASEP).
The Law establishes a dual regulatory classification. Type A services may be granted by the State under temporary exclusivity or to a limited number of concessionaires (Art. 7(1)), whereas Type B services are generally provided under conditions of free competition (Art. 7(2)). Consistent with this classification, ASEP identifies Type A services, including personal communication services and mobile services, while Type B services encompass a broader range of activities, including, inter alia, basic international telecommunications and fixed and mobile radio communications, among others.
In addition, Art. 1 of Law No. 36 imposes sector-specific constraints on licensing in mobile telephony by limiting the number of concessions to operate mobile telephony services to three, thereby consolidating the market structure.
Coverage Telecommunications sector

PANAMA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Lack of signature of the WTO Telecom Reference Paper
Panama has not appended the WTO Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

PANAMA

Since June 2006, as amended in May 2020
Since September 2020, last amended in August 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Law No. 22, which regulates public procurement (Ley No. 22, que regula la contratación pública)

Executive Decree No. 439, which regulates Law No. 22 (Decreto Ejecutivo No. 439, que reglamenta la Ley No. 22)
Under Art. 13 of Law No. 22, when selecting contractors for the acquisition of goods and services, contracting entities in Panama are required to first consider the feasibility, availability, and quality of goods and services produced within the country. According to Art. 7 of Executive Decree No. 439, foreign companies wishing to participate in these selection procedures must reference any international agreements or treaties on reciprocity between their home country and Panama. Additionally, when contracting for goods and services, the tender documents must specify that the goods and services must be of national origin, production, manufacturing, or provision.
Coverage Horizontal

PANAMA

Since June 2006, last amended in May 2020
Since September 2020, last amended in August 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 22, which regulates public procurement (Ley No. 22, que regula la contratación pública)

Executive Decree No. 439, which regulates Law No. 22 (Decreto Ejecutivo No. 439, que reglamenta la Ley No. 22)
Art. 10 of Law No. 22 provides that the State must promote the competitive participation of micro, small and medium-sized enterprises in certain acts of contractor selection carried out by public institutions. Art. 88 of Executive Decree No. 439 further elaborates on the provision mentioned above, stating that in the case of minor procurement acts, the entity must select the proposal submitted by the micro or small enterprises, provided that it complies with the requirements and demands of the tender documents and the proposed price is not greater than 5 % in relation to the lowest price proposal submitted by another type of enterprise.
Coverage Horizontal

PANAMA

Reported in 2022, last reported in 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Lack of transparency and accountability in tenders
It is reported that transparency and accountability deficits persist in Panama’s government procurement practices. In 2020, Panama adopted Law 153 with the stated objective of modernising the public procurement framework and strengthening transparency. However, reported enforcement has remained uneven. A recurrent concern for foreign firms contracting with the Panamanian government is the delayed settlement of payments to suppliers and contractors. Investors also point to opaque procurement procedures, including instances where tender requirements are modified during the process, which raises concerns that bids may be structured to favour particular firms.
In addition, investors report corruption risks across levels of government and within the private sector, including alleged requests for kickbacks and the inflation of contract values by officials and intermediaries. Reports also allege that judges, mayors, legislators, and local officials have accepted bribes in connection with land titling and favourable rulings. Permitting and titling procedures are further described as lacking transparency, with civil servants allegedly soliciting payments at multiple stages.
Coverage Horizontal

PANAMA

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Panama is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 1997.
Coverage Horizontal

PANAMA

Reported in 2022, last reported in 2025

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Open environment for foreign investment
There are no foreign ownership limitations in sectors relevant to digital trade.
Coverage Horizontal
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ITA: [{"meta_value":"0.50"}]

PANAMA

ITA signatory? I II

PANAMA

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement Expansion Agreement (ITA II)
Panama is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods

PALESTINE

N/A

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
The State of Palestine lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal

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