Panama
Legal Consultants Balboa, Ancon, Principal street La Boca, Building 795A, Panama City Tel: (507) 6714-9326 |
| Panama
New Immigration Law REPUBLIC OF PANAMA EXECUTIVE BODY DECREE LAW No.3 (22 2008) it creates the National Immigration Service, the Immigration and Career dictates other provisions THE PRESIDENT OF THE REPUBLIC, In exercise of his constitutional and statutory powers specifically conferred upon it by the numeral 1 1 1 2008, after hearing the concept by the Council of Cabinet DECREES: TITLE I MIGRATION SINGLE CHAPTER PURPOSE AND SCOPE Article 1. This Decree-Law is designed to regulate the movement of migrant inflows and outflows of nationals and foreigners, the latter's stay in the national territory, establishing the requirements and procedures for acquiring Panamanian citizen by naturalization, and create the National Immigration Service and the Immigration Carrera, without prejudice to treaties, international conventions and integration agreements ratified by the Republic of Panama and special laws. Article 2. Is created the National Immigration Service, as an institution of public security and administration, the Ministry of Government and Justice, subject to immigration policy to be issued by the Executive and monitored by the Comptroller General of the Republic. The National Immigration Service will exercise its authority throughout the country and will have the organization, media and migratory sites within the facilities air, sea and land of the Republic. In discharging their duties, shall be guided by principles of law, order, efficiency, transparency, professionalism, discipline and simplification of procedures migration with strict adherence to human rights. Article 3. Under international agreements ratified by the Republic of Panama and the norms of international law, this Decree-Law shall not apply to: * 1. The diplomats and
consular officials or foreign missions, legations and their families,
duly accredited to the Republic of Panama. TITLE II AUTHORITIES MIGRATORY CHAPTER V NATIONAL SERVICE FOR MIGRATION Article 4. The National Immigration Service provides a public function security, administration, supervision, monitoring and implementation of migration policies to be issued by the Executive Branch, in accordance with the Decree Law, the r ~ eglamentos and standards related to the matter. Article 5. The National Immigration Service will operate uninterrupted throughout the country and will consist of officials appointed by the Director General of the National Immigration Service, in accordance with the rules of the Career Migration, in different offices or entry and exit points of the country, depending on their specialty, for the effective implementation of immigration control. The Director General of the National Immigration Service, subject to authorization by the Minister of Government and Justice, may establish addresses, departments and administrative units that are required for the proper functioning of the institution, subject to the provisions of the law. Article 6. The National Immigration Service has the following functions: * 1. Run migration policy
and ensure strict compliance with the current immigration legislation. Article 7. The National Immigration Service will ensure respect for the dignity and human rights. In the exercise of their duties, officials of the National Immigration Service will not run discrimination on grounds of nationality or social or economic status, or on the basis of disability, political beliefs, ethnicity, gender, language or religion. CHAPTER II ADVISORY COUNCIL ON MIGRATION Article 8. Introduction of an Immigration Advisory Council as a consultative and advisory body of the National Immigration Service, which shall consist of the following public servants or those who nominate them: * 1. The Minister of
Government and Justice, who shall preside. The Minister of Government and Justice may convene meetings of the Council with the right to vote to individuals or corporations or associations duly recognized by the Ministry of Government and Justice.The functions of the Advisory Council will be developed in the rules of this Decree-Law. CHAPTER III MIGRATION POLICY Article 9. Functions of the Minister of the Interior and Justice, in the field of migration policy, as follows: * 1. Develop and propose
to the Executive Body migration policies to guide the State in its
strategies demographic and population planning, for its adoption
when it deems necessary. CAPÍTULO IV CHAPTER IV DIRECTOR Y SUBDIRECTOR GENERAL DIRECTOR GENERAL AND ASSISTANT DIRECTOR Article 10. The Director and Deputy General public servants are free appointment and removal of the President. To be Director and Deputy Director General of the National Immigration Service, requires: * 1. Being a Panamanian
citizen. Article 11. Functions of the Director General of the National Immigration Service, the following: * 1. Direct, plan and
manage the National Immigration Service. Article 12. The Deputy Director General of the National Immigration Service shall perform the functions assigned to the Director General and replaced their temporary absences. CHAPTER V MIGRATORY FUNCTIONS OF DIPLOMATIC STAFF AND CONSULAR PANAMEÑO Article 13. Is authorized to diplomatic and consular personnel in the Republic of Panama, to perform functions migratory accordance with international agreements, the present Ordinance Act and its regulations. In the exercise of these responsibilities, diplomatic and consular officers shall: * 1. Receive, process
and issue visas to them filed by stakeholders, in the category of
non-resident and determined by the Executive Branch, through the
Ministry of Government and Justice, after complying with the requirements
and procedures. TITLE III CATEGORIES MIGRATORY CHAPTER V RANKING Article 14. Foreigners entering the country will be able to do so under the following immigration categories: * 1. No resident. The Executive Body regulate migratory categories and subcategories, the procedure, form and the conditions under which they are issued permits and visas, according to the principles of national security, health, public order and protection of rights and freedoms. Foreigners may opt to change immigration status after complying with the requirements set out in this Decree Law and its regulations, with the exceptions that they brought. Article 15. The Executive Branch shall regulate the conditions and requirements which must be met in order to implement each of these categories migratory and may create other migratory subcategories. CHAPTER II NON-RESIDENT Article 16. Resident is not an alien who enters occasionally in the national territory, which has no desire to take up residence in it or leaving his home of origin while in Panama, and must rely on their own financial means and appropriate for kept during their stay and leave the country on the expiration of the period allowed. In response to the purpose of entry to the country from abroad, a visa or permit non-resident will be granted in accordance with the following subcategories: * 1. Tourists. Those
who arrive in the country exclusively for recreational and other
activities in the regulation of this Decree Law, for a period of
not more than ninety days, without prejudice to the provisions of
international agreements ratified by Panama and the Republic of
the principles of reciprocity. Article 17. Foreigners who enter the country under the category of tourists, may request a change of immigration status, which you may be given an extension of up to sixty days to complete the documentation for the change in status, if they meet the requirements establish this Decree Law or regulation. CHAPTER III TEMPORARY RESIDENT Article 18. Temporary resident is abroad or their dependents who enter national territory for employment reasons, special political, educational, cultural, religious, humanitarian and family reunification and other subcategories, for a period of up to six years, except in cases where special laws and conventions establish distinct periods. The requirements, procedures, costs and changes in category will be established in the rules of this Decree Law. The term dependents, parents, spouse and children under eighteen. For children older than eighteen years until twenty five years, who may be called as a dependent, always studying on a regular basis and are under economic dependence on temporary resident, they issue a permit for a period of time, that in no case can be as high as this one. Article 19. Foreigners referred to the Cabinet Decree No. 363 of 1971 and Law No. 23 of 1977, for purposes of this Decree-Law, shall be treated under the category of temporary residents and migrant maintain the tax benefits and franchises tariff set their special laws. CHAPTER IV PERMANENT RESIDENT Article 20. Permanent resident alien who is entering the country for economic reasons and investment, special political, and demographic and other subcategories in the spirit established in the country, according to special policies adopted by the State, according to requirements, procedures and costs that will be established in the rules of this Decree-Law. Paragraph. The Rules of this Decree-Law shall be fixed the minimum amounts of pensions, pensions and investments, which should prove that foreigners apply to the immigration status of permanent resident. The Executive Branch shall review every two years to determine their suitability for the national and global economy, taking into account national interests. Article 21. Service National Migration accord to foreign applicants for migratory categories set out in this chapter, a temporary residence permit for two years, with their identification document. After this period, interested parties may request the stay, if they meet the requirements to the law and the regulations set. Article 22. Foreigners referred to the Act 9 of 1987, shall be treated for purposes of this Decree-Law in the category of permanent residents and keep the profits tax and tariff franchises set their special laws. CHAPTER V FOREIGNERS IN PROTECTION OF THE REPUBLIC OF PANAMA Article 23. Foreigners are under protection of the Republic of Panama, refugees, asylum seekers, stateless persons and persons under temporary humanitarian protection status, they join a large scale or individually to the country in search of temporary protection, while awaiting the return their country of origin or their resettlement in a third country. Recognition of this condition shall be subject to national law and international treaties ratified by the Republic of Panama. Article 24. Recognized as a refugee, asylee or stateless by the Republic of Panama, the National Immigration Service granted a temporary residence permit valid for one year, renewable for a similar period, provided that the competent authorities certifying that keeps this condition. The national commission of eligibility for the care of refugees granted a permit to be extended two months, to aliens who are under temporary humanitarian protection status. Foreigners who enjoy this status are exempted from payment of the deposit until the cessation of repatriation, lose that status or renounce it. Article 25. In the case of refugees, after application of the cessation clause Collectively, the Executive may waive the deposit repatriation. Article 26. Refugees, Asylum will have the same rights as temporary residents, including the right to work, subject to the existing labour law, the obligation to pay taxes and social security contributions under the same conditions as nationals, as well as the payment of migration services. The refugees may be exempt from requirements applicable to common residents and have the right to change their immigration status. Article 27. If that occurs resignation, termination, revocation or loss of refugee status, or stateless asylum, the competent authorities shall report such fact to the National Immigration Service. TITLE IV PERMAMENTE RESIDENT PERMIT AND TEMPORARY RESIDENT PERMAMENTE CHAPTER V COMMON REQUIREMENTS Article 28. Requesting permission temporary resident or permanent resident to be presented to the National Immigration Service must be filed by legal representative, in accordance with the requirements established for each category of visa or permission, except for one category that requested from the outside that category and applicable by virtue of education, which must meet the following common requirements: * 1. A copy of the passport
properly collated by Panamanian notary public, or accompanied by
certification of the diplomatic mission accredited in the country
and the corresponding authority in the place of issuance. When he
deems it necessary for security reasons, the National Immigration
Service, may require the applicant to certify the authenticity of
the passport. Article 29. Are exempt from payment of deposit repatriation, religious, students, married with Panamanian people under twelve years of age and those who are available by special laws. Article 30. Regulation of this Decree-Law shall determine the requirements and special procedures for each category and subcategories migratory under this title, as well as the exoneration established in the previous article. CHAPTER II CANCELLATION OF VISAS OR PERMISSIONS MIGRATORY Article 31. The Director General of the National Immigration Service may cancel the residence or stay in the national territory, the non-resident alien, temporary or permanent resident in any of their migratory subcategories, for the following reasons: * 1. Using the sole
purpose of marriage to a citizen, to obtain their residence. Article 32. The National Immigration Service deported to foreigners they have been cancelled for non-resident visa or permit temporary or permanent resident in the Republic of Panama, except in those cases where the law provides otherwise. CHAPTER III PROVISIONS TO THE PREVIOUS CHAPTERS Article 33. The National Immigration Service and members of the police services may require any alien, on a mandatory basis, the submission of documentation that demonstrates their entry and immigration status in the country. In appropriate cases, the police services abroad to make available to the National Immigration Service, which will assume its custody. Article 34. The National Immigration Service will check the applications for temporary or permanent residents, in a period not exceeding sixty days. The applicant is entitled to be given proof of its handling relevant while deciding its application. In the event that an application detects incomplete or defective, will be granted a period of fifteen working days from the notification to remedy. Paragraph transient. From the first year in which enters into force on this Decree Law, if not taken a decision within the term set forth in this article, the application shall be deemed approved in favor of the applicant. Article 35. For reasons of security and public order sectors Security, the Public Ministry and the judicial authorities should communicate immediately, the National Immigration Service on the existence of investigations or legal proceedings in which it appears involved a foreigner , which must indicate the alleged offence, the precautionary measures against him and ordered his release, as well as the results obtained. For purposes of the provisions of the preceding paragraph, the National Immigration Service will create the technological tools and formalise the conventions and protocols necessary with the institutions involved, in order to safeguard the information provided in accordance with the law. TITLE V REGISTRATION EXTRANJERÍA SINGLE CHAPTER CREATION Article 36. Introduction of an Alien Registration, which will contain all the information from abroad that applied to the categories of migrant residents temporarily or permanently, as set out in this Decree Law, who will be identified with an allocation numerical standing. This register will be administered by the National Immigration Service. The Electoral Tribunal, which will serve for all legal purposes both in their public and private relationships. To that end, the Director of the National Immigration Service conclude interagency agreements as may be necessary to give effect to this measure. The information contained in the Foreign Registration is confidential. However, it may be supplied from abroad, or at the request of a competent authority under a judicial inquiry or tax. Article 37. Any foreigner is required to report any changes in the information it has supplied to the Register of Aliens within no more than thirty calendar days, counted from the day it is the cause that motivated this change. For purposes of personal notifications, the National Immigration Service will be valid home reported that appears in the Register of Aliens. TITLE VI IMMIGRATION CONTROL CHAPTER V TICKETS AND OUTPUT Article 38. Immigration control will be exercised by the National Immigration Service, under this Decree Law and its regulations, with attachment to the immigration policy established by the Executive. Article 39. Nationals to leave the country must present a passport valid or safe conduct and comply with other requirements of this Decree-Law. The National Immigration Service keep a record of migration control of minors, which included their identities, the country of destination, the identification of the person responsible and the authority. Article 40. Output from the national territory of any minor or foreign Panamanian who is under any category migration will be allowed in the following cases: * 1. If it is accompanied
by her father and mother. Excluded from this provision, the minors foreign non-resident. Article 41. Immigration authorities located at entry and exit prevent the entry or exit of foreigners, and the departure of nationals, where there is an order to that effect issued by a competent authority. Article 42. Alien who has engaged in a breach or violation of the immigration law, you can not leave the country without having cancelled a financial penalty. They do not have the financial resources to comply with the sanction imposed, it shall proceed with his deportation. Article 43. Subject to the existing international conventions on the Panama Republic, for entering the national territory, aliens must meet the following requirements: * 1. Log entry and exit
by land, air or sea officially authorized. Article 44. Abroad will have an obligation, upon registration, to present his passport or travel document, as well as supplying to the owners or managers of hotels or places of accommodation, information about their stay and departure. In turn, the owners or managers of hotels and lodging places will be obliged to refer this information to the National Immigration Service, which implements automated procedures for collection. Article 45. Any alien who is present in the country must carry with them their identification and immigration document showing it to the relevant authority, when it is required. CHAPTER II AUTHORIZATION OF MULTIPLE ENTRY AND EXIT Article 46. Authorization of entry and exit is a multiple entry visa and leaving national territory, awarding the National Immigration Service or diplomatic or consular personnel authorized to perform functions migratory, non-resident aliens who request them. This visa will be granted on the basis of the provisions of this Decree-Law and its regulations, laws, treaties, conventions and agreements, ratified or approved by the Republic of Panama. Article 47. Authorization of multiple input and output to be issued in favour of a non-resident alien, it will be up to five years and recorded in the corresponding passport, without prejudice to establish otherwise. This authorization is not granted the right to remain in the country for a period greater than established by the Decree Law for this category. Article 48. At the request of an interested party, visa will be granted multiple entry and exit to a foreigner who is handling the change of status of a temporary resident permit to a permanent resident. Article 49. Visa entry and exit multiple allow its possessor enter and leave the national territory an unlimited number of times, while maintaining force. If the alien remains in the territory after the expiration of the term authorized, shall be subject to administrative penalties and monetary established in law and regulations, including the cancellation of visa. CHAPTER III ADMISSION OF NON CAUSALES Artículo 50. El Servicio Nacional de Migración podrá negar a cualquier extranjero su ingreso o tránsito por el país, así como revocarle la correspondiente visa o permiso, en los siguientes casos: * 1. Existence of an
order issued by competent authority that would prevent their entry. Article 51. Foreigners who are in any of the grounds mentioned in the previous article, will be returned to the port of embarkation. This decision does not allow any appeal. Article 52. The National Immigration Service will bear the registration of impediments issued by the appropriate authorities and will establish by regulation, procedures for receipt, maintenance and control. CHAPTER IV LABOUR MIGRATION Article 53. The National Immigration Service and the Ministry of Labour and Social Development will take the necessary mechanisms to effect that the immigration formalities of their powers, are conducted in a coordinated manner for better compliance with the laws and labor migration. Article 54. Employer, agent, broker or contractor of any kind need to occupy foreign workers, or receive professional services of a foreigner in the country, must comply with all obligations under this Decree Law, or other labor law relevant legal provisions. Article 55. Employer, agent, broker or contractor of any kind need to occupy foreign workers, or receive professional services of a foreigner in the country, you may be required to present documents attesting to their legal stay in the country and that is so authorised. Failure to comply with this requirement will entail punishment. Article 56. Employer, agent, contractor or any kind of intermediary who has hired a foreign worker or have received professional services of a foreigner, he must notify the National Immigration Service, in a period not exceeding twenty working days on the termination of the employment relationship or contract. Breach of this provision will generate the application of fines for the employer and / or abroad, subject to the National Immigration Service make effective deportation worker or professional. CHAPTER V IMMIGRATION MOVEMENT TRANSBOUNDARY OF INDIGENOUS PEOPLES Article 57. The State recognizes the existence on its territory for cross-border migratory movements and movements that do not constitute a mass influx, by the Panamanian indigenous ancestral home, their obligation to preserve and facilitate the passage of these innocent people, and from the Panamanian jurisdiction, as well as to protect them from threats related to the illegal trafficking of persons, drug trafficking and related crimes, terrorism, illegal trafficking in weapons, explosives and other criminal activities related to the ecosystem and predation illegal trafficking of species of flora and fauna in danger of extinction. Article 58. Administrative and traditional authorities are obliged to cooperate and coordinate with the National Immigration Service and other public institutions, in the supervision and control of the migratory movements of indigenous citizens. CHAPTER VI MIGRANT CONTROLS APPLICABLE TO TRANSPORT COMPANIES INTERNATIONAL Article 59. For the purposes of this Decree-Law, as a means of international transport company that, by air, land or sea, be devoted to the movement of persons and cargoes between two or more jurisdictions. Article 60. The National Immigration Service will inspect the means of international transportation of passengers or cargo, in order to verify compliance with the provisions of this Decree Law and its regulation. The international carrier has an obligation to ensure that its crew and passengers comply with the requirements established by this Order Act and its regulations. Article 61. Passengers whose entry is not allowed for violating the requirements of law and its regulations, will be returned to the port of embarkation, at the expense of international transportation company that transported and subject to fines imposed on them. All costs associated with remaining in the territory's national passenger Unsupported, will be covered by the carrier. Article 62. International transport companies will be obliged to provide the necessary cooperation to the National Immigration Service, which shall: * 1. Deliver with anticipation
to be established for each case, the list of passengers and / or
crew, with their credentials, travel documents and visas, as appropriate. Article 63. The National Immigration Service will be able to manage the immigration control through technological devices. The international transportation companies are required to provide any information related to migration control of entrances and exits of passengers and checklists corresponding to the National Immigration Service. The international transportation companies are required to take the necessary measures to carry out the interconnections that are required to comply with the requirements of the National Immigration Service, with regard to the administration of immigration control through technological devices. Article 64. Enterprises in international transportation, in case of desertion of crew members or the existence of stowaways, will be forced to transport them outside the national territory, to their cost, and shall cooperate with the competent authorities to identify and locate them. CHAPTER VII Deportation AND EXPULSION Article 65. The National Immigration Service ordered deported and prevented from entering the country by foreigners, for any of the following circumstances: * 1. Enter the country
on an irregular basis, except as otherwise provided in special laws. Article 66. The National Immigration Service, before ordering the deportation, shall: * 1. Checking the existence
of facts that motivate them. The resolution ordering the deportation must be notified personally. Article 67. Against resolution ordering the deportation comes complaint, which will be awarded in the suspensive effect and this resource will be exhausted towards government. Article 68. The National Immigration Service may authorize the voluntary return from abroad, in cases prescribed by law, provided that he or a third person to assume the costs of return. Article 69. Alien who has been deported can not enter the country within five to ten years, counted from the date of execution of his deportation. Once accomplished this period, the alien may request the Director General of the National Immigration Service to lift the lockout, who will evaluate that request for approval or disapproval. This penalty will be extended indefinitely, in cases where the foreign circumventing the extent and stay illegally or reenter the country without permission. Article 70. Aliens deported, with the permission of income, can only return to the country after lifted preventing his deportation and being reimbursed to the state the costs of their deportation. Article 71. The National Immigration Service may expel the alien: * 1. Make advocating
crime or incite racial hatred, religious, cultural or political. Article 72. Aliens expelled for one of the reasons mentioned in the previous article, will not be able to return home. Anyone who reenter will be forwarded to the competent authority for the proceedings or, failing that, will be expelled from a final and permanent. Article 73. Resolution ordering the expulsion must be notified personally. Against it comes complaint, which will be awarded in restitutive effect and this resource will be exhausted towards government. TITLE VII FUND AND MIGRATION SPECIAL FUND FOR DEVELOPMENT OF HUMAN RESOURCE CHAPTER V TRUST FUND FOR MIGRATION Article 74. Trust Fund was created for Migration, whose assets shall consist of: * 1. Existing resources
in the Return Fund held in the special account of the National Bank
of Panama. Article 75. Heritage Trust Fund will be used to cover Migration: * 1. Investment projects
aimed at optimizing and increasing consistently and permanent, quality
and coverage of immigration on the national territory and abroad. Article 76. The National Immigration Service will be required to maintain the Trust Fund for Migration deposited in the National Bank of Panama or the Savings Bank. Article 77. Administration and the use of the Trust Fund for Migration will be subject to regulations that, in effect, dictate the Executive and the control of the Comptroller General of the Republic. CHAPTER II SPECIAL FUND FOR DEVELOPMENT OF HUMAN RESOURCE Article 78. Was created, on a permanent basis, the Special Fund for the Development of Human Resources, which will be used to give incentives for productivity of the staff of the institution according to their merit, responsibilities and compliance in their duties and for those officers serving in areas of difficult access. Article 79. This fund will comprise ten percent of the fines generated by violations of the standards migratory deposited in the National Bank of Panama or the Savings Bank. Article 80. Administration and the use of the Special Fund for the Development of Human Resources will be subject to regulations that, in effect, dictate the Executive and the control of the Comptroller General of the Republic. PART VIII PROTECTION OF VICTIMS SINGLE CHAPTER PROTECTION AND PREVENTION MEASURES Article 81. The National Immigration Service will ensure compliance with the rules in force in the Republic of Panama, in terms of prevention and suppression of crimes of human trafficking and smuggling of migrants. In the exercise of his functions, contribute to the prevention and suppression of facts related to illegal activities such as kidnapping, transnational organized crime, drug trafficking, money laundering and related crimes, terrorism and its financing, illegal trafficking in weapons and explosives, diversion of dual-use goods for illicit purposes, as well as the illegal possession and proliferation of weapons of mass destruction. A foreigner who incurred, facilitates or promotes or is involved in the commission of the above cases, will be subject to a penalty of expulsion, without prejudice to any penalties that may apply. At regular or irregular migrant cooperate in shedding light on illegal activities related above, shall be subject to the protection and prevention measures migratory administrative decree established in this Act and its regulations. Article 82. Is created unit that provides assistance to victims of trafficking, which will respond in a comprehensive manner to those regular or irregular migrants who are witnesses or victims of crimes related to trafficking in persons and / or trafficking of migrants, especially people minors, in coordination with the competent authorities. Individuals who qualify for this condition receive treatment migratory protection until the situation is defined or determined by the competent authorities. The State, through the relevant institutions, protect the privacy and identity of the witness or victim, providing confidentiality in judicial proceedings. Article 83. The National Immigration Service will promote the implementation of the following preventive measures: * 1. Educational campaigns
and awareness to prevent people from becoming victims of crimes
of trafficking or smuggling of migrants, especially minors. TITLE IX ADMINISTRATIVE VIOLATIONS AND PENALTIES CHAPTER V FINES AND IMPEDIMENTS OF ENTRY Article 84. Irregular migrant seek their voluntary return will have to pay a fine of fifty balboas for each month or fraction defeated month that has remained in this condition, it will establish a lockout that it will not be less than two years, or more than five years, and must leave the country within a period of seven calendar days, except in cases of force majeure duly confirmed. The irregular migrant who try marrying or having national Panamanian minor child, provided that demonstrates fulfil their duties of a spouse or parent, will pay a fine up to one thousand balboas and is exempt from lockout. Article 85. Irregular migrant will be placed at the orders of the Director General of the National Immigration Service, who will have a term of twenty-four hours to order the detention or release quit. If introducing their releases shows evidence that can meet the requirements to regularize their immigration status, will have the option to legalize their stay or leave the country at his own expense within a reasonable term which shall not be more than ten days calendar, without prejudice to any other penalties prescribed by law. Article 86. Alone may be exempt from the fines set out in this chapter, minors, persons with profound disabilities, the elderly eighty-five years, who are in abject poverty, for humanitarian reasons and suffering terminal illnesses. Article 87. Any foreigner who becomes immigration status as temporarily or permanently resident in the country, he is obliged to inform the National Immigration Service, the change of residence or changes in the information provided to the Register of Aliens. Those who do not abide by this obligation shall be fined one hundred balboas the first time; recidivism may lead to the cancellation of the residence permit and deportation of the national territory. Article 88. Failure to comply with the obligations contained in Chapter VI of Title VI of this Decree-Law shall be punished by a fine of eight hundred and ten thousand balboas balboas. In case of recidivism, the National Immigration Service communicated to the relevant authorities about this failure, in order to take action as it deems appropriate. If the failure of the air carrier of the provisions of this Decree-Law gives rise to a national or foreigner, to keep an impediment exit leaves the country, the fine may be up to twenty-five thousand balboas, without prejudice of criminal responsibility in such event. Article 89. Employers who retain identification papers, travel documents or passports of foreign workers who do not comply with the minimum requirements in the workplace, health and social security that drew national legislation, shall be punished by a fine of up to thousand balboas, the first time, in case of recurrence for up to five thousand balboas, without prejudice to any criminal liability which may apply. Article 90. Any other offence to this Decree Law is not established in this chapter, shall be punished with fine from one thousand to five thousand balboas balboas, depending on the gravity of the infringement. Article 91. Any foreigner is required to carry documentation that identifies you, if not, will be fined ten balboas. Article 92. The National Immigration Service has jurisdiction to enforce the compulsory collection of existing obligations to its credit, delinquencies in payment of fines, permits or damage to property owned by and, in general, any claim or liability in their favor. If the offender refuses to pay the fine, the Director General shall certify that the debt is enforceable, that based on it, initiate the process of compulsory jurisdiction. CHAPTER II HOSTELLING PREVENTIVOS Article 93. The National Immigration Service will create shelters preventive short stay to maintain, orders the institution to foreigners violating immigration laws. The regulation will develop the operation of these shelters preventive, standards and minimum services, ensuring respect for human rights. Only they can stay in people older than eighteen years of age. The minors will be placed under the protection of the Ministry of Social Development, and will be communicated to the diplomatic or consular representative of his country of origin or residence, if he proved he is in the Republic of Panama, or a friendly Government in the event that no what he is. Article 94. Aliens staying in a hostel preventive entitled to communicate with a lawyer, family and with the diplomatic or consular representatives of their country of origin or residence, if he proved he is in the Republic of Panama, or a friend in government If he is not. The National Immigration Service notify the consular or diplomatic representatives accredited in the Republic of Panama, the immigration status of migrants who are in those shelters. CHAPTER III STAY ORDER FOR JUSTICE Article 95. For warrant or competent authority, the National Immigration Service will stay conditional on the national territory, to those foreigners who have to appear at a judicial or administrative process for the term to have that authority. CHAPTER IV RESOURCES Article 96. Contrary to the resolutions issued by the Director General of the National Immigration Service, only the appropriate remedies for reconsideration with the Director General and the appeal to the Minister of Government and Justice, which was granted on suspensive effect and may be filed within five working days of notification, through legal representative. Against resolutions that establish and impose financial penalties deportation, the only appropriate remedy for reconsideration.Administrative procedures are not established in this decree law, it will take in accordance with the provisions of Law 38 of 2000. Article 97. Notices to the parties will be conducted by edict, which contain the expression of administrative process that has made the notification, the date and part of the resolution to be notified, and set the day after dictated the resolution of three working days. This edict will be added to the file with a statement of the date and time of its setting and desfijación, from the date and time of your desfijación shall be construed as references notification. Article 98. Permission to use electronic means for the notifications, in accordance with the established regulations of this Decree-Law. TITLE X RACE MIGRATION CHAPTER V ESTABLISHMENT AND ORGANIZATION Article 99. Is created for the Career Immigration officials of the National Immigration Service, with the aim of establishing a special labour scheme based on the criteria of equity, merit, honesty, transparency, competence and efficiency. The requirements and procedures for appointments, promotions, transfers, suspensions and dismissals, will be established by the rules of this Decree-Law. Article 100. Income of public servants to the Career Immigration is conditional upon selection procedures depending on their ability, professional competence, merit, public morality, equality of opportunity and psycho-physical conditions, all of which are verified by instruments valid, appropriate and relevant measurement, previously established in the rules of this Decree-Law. Article 101. Service National Migration establish and maintain an updated manual occupational classes, as wage categories, grades and levels based on the duties and responsibilities, with a uniform nomenclature which identifies the minimum requirements for experience, education, knowledge, skills and abilities. CHAPTER II BASIC PRINCIPLES OF ACTION OF STAFF THE SERVICE OF MIGRATION Article 102. An official of the National Immigration Service should limit its action to the following basic principles: * 1. To ensure compliance
with the Constitution and the law. CHAPTER III RIGHTS, OBLIGATIONS AND PROHIBITIONS Article 103. Officials from the National Immigration Service are obliged to: * 1. Comply at all times
the duties required by this Decree Law and its regulations, as well
as to respect the dignity and human rights of all people. Article 104. Official of the National Immigration Service will be entitled to: * 1. To enjoy stability
in the performance of their duties. He may only be removed in accordance
with the causes identified in the present Ordinance Act and its
regulations. Article 105. Are prohibited from officials of the National Immigration Service: * 1. Failure to meet
the principles that govern the migration service. CHAPTER IV EDUCATION, TRAINING AND MIGRATION SPECIALIZATION Article 106. Created Academy Migration, which are aimed at ensuring staff of the National Immigration Service, under technical parameters, an overall plan for training, skills, expertise and professional competence, to be established by the Ministry of Government and Justice . To this end, promote conventions and agreements with higher education institutions, medium or technique, in order to raise the professional level of members of the National Immigration Service, through the ongoing exchange of scientific and technical knowledge. Article 107. Academy Immigration promote ethical values, moral and human, trying to professionalize the staff member National Immigration Service through courses, seminars, graduates and any other academic training, according to the needs of the institution. Likewise, it will implement a method of teacher evaluation, which will take place in its rules. Article 108. The Ministry of Government and Justice set up training centres and expertise for members of the National Immigration Service. TITLE XI NATIONAL SERVICE COORDINATION OF MIGRATION WITH OTHER PUBLIC INSTITUTIONS SINGLE CHAPTER MECHANISMS OF COOPERATION Article 109. Those places that are difficult to access or where, by its nature, there are no offices or officials of the National Immigration Service, authorizing the security forces, as an auxiliary organ to exercise immigration control under to training, the standards, guidelines and orders that may give him the National Immigration Service. Article 110. Aiming to ensure safe migration, the National Immigration Service will maintain a permanent and systematic relationship with levels of public safety and other state entities, and coordinate them with the activities that are required for the performance of their functions. Article 111. In order to achieve a mutual coordination, according to the previous article shall be allowed access to the knowledge bases that these entities deem appropriate, after an evaluation of the Director General. Article 112. The National Civil Registry must notify, the National Immigration Service, the registration of deaths of foreigners in a period not to exceed fifteen calendar days, so they can update their records. Article 113. The Ministry of Labour and Social Development transmit quarterly, the National Immigration Service, the lists of approved work permits, and denied cancelled, as well as copies of the respective resolutions, in order to keep the database of the institution. Article 114. Except as provided in this chapter, the National Immigration Service may establish other cooperation mechanisms, establishing administrative arrangements or agreements with other public sector institutions, for the faithful performance of their duties. PART XII PUBLICITY AND TRANSPARENCY O SINGLE CHAPTER MEASURES OF ADVERTISING AND TRANSPARENCY Article 115. The National Immigration Service will allow access to any information relating to its administration, except in the case of confidential information contained in personnel files and in the archives of the institution, or one that has been declared restricted access in Under national laws or international treaties and agreements in force in the Republic of Panama. Article 116. Without prejudice to the legal proceedings that require legal representation, interested parties may personally to pursue the application at the offices of the National Immigration Service. Article 117. The National Immigration Service will allow interested parties access to its information, which is not confidential or restricted through electronic means to be implemented to track their applications and requirements. PART XIII REQUIREMENTS AND PROCEDURES TO ACQUIRE THE NATIONALITY PANAMEÑA FOR NATURALIZATION CHAPTER V GENERAL PROVISIONS Article 118. Approval or denial of the application of the letter of nature is power by the Executive Branch, in response to that set Articles 10 and 12 of the Political Constitution of the Republic. Article 119. Matter for the President of the Republic hear applications for naturalization, through the Ministry of Government and Justice. CHAPTER II SUBMISSION OF APPLICATIONS Article 120. Request letter nature will be presented at the Ministry of Government and Justice and should include the following documents: * 1. Power and memorial
addressed to the President of the Republic, asking the Panamanian
nationality.The application must contain names of the petitioner,
as they appear on their birth certificates and their identification
document; age, sex, marital status, names of parents, number of
passport or identity card number of the Register of Aliens Place
of birth and nationality holding at the time of the request, complete
address of his residence, telephone numbers, as well as the affidavit
of the reason or reasons for the request, the resignation of national
origin or learned where appropriate and legal foundation that supports
it. Article 121. Fulfilled these requirements, the Ministry of Government and Justice or the person as he may delegate the function, admitted the application or ordered to make correction within thirty calendar days, counted from his presentation. Article 122. Once the application is admitted, will require the National Immigration Service report on the status of migration from abroad indicating that: * 1. Date of income
from abroad and post entry. Article 123. Received the report, the Ministry of Government and Justice analyze the request, and if those tests which lie in the dossier, warned that the alien does not meet the requirements, denied the request. If not, ask the Electoral Tribunal to conduct examinations for the general knowledge of the Spanish language and those relating to the history, geography and political and administrative organization of the Republic of Panama. The absence of the completion of the test will result in rejection of the petition. Article 124. Electoral Tribunal must disclose whether he conducted the test and, if so, the result of it, to the effect that the Ministry of Government and Justice can continue with the procedure. Article 125. Resolution denying the request for a letter nature brooks no recourse. CHAPTER III ISSUANCE OF THE LETTER OF NATURE Article 126. Where it is requested Panamanian citizen through naturalization, pursuant to the provisions of paragraphs 1 and 2 of Article 10 of the Constitution, the continued residence shall be computed from the resolution that grants residency to petitioner as a permanent resident. For purposes of the preceding paragraph, in the case of foreigners entering the country as a minor is, as a dependent of a permanent resident, for family reunification, he calculated the time from the date he obtained his capacity as permanent resident. Article 127. Fulfilled legal and formal requirements, the President may issue a letter nature requested. Any letter nature approved before being delivered and to be valid, requires that the person concerned will provide a certified check or management in the amount of six hundred balboas to the National Treasury. Article 128. Nature granted letter will be forwarded to the governor of the province where the naturalized for swearing. In the diligence of swearing, the Panamanian national naturalized manifest: * 1. To obey, perform
and defend the Constitution and national laws. Article 129. Accomplished the swearing referred to in the preceding article, the governor delivered a letter to the person concerned and nature will warn that must register with the National Civil Registry, in accordance with the Single Text of Act 31 of 25 July 2006 formalities without which no legal effect. Article 130. Where who refuses an application for naturalization or rescission, the renunciation of national origin or nationality who holds the petitioner will not be made. TITLE XIV TRANSITIONAL AND FINAL CHAPTER V DISPOSICIONES TRANSITORIAS PREHODNE Article 131. Applications for letter nature which are pending the entry into force of this Decree-Law shall be governed by the laws in force at the time of its introduction, except as provided in Article 126 of this Decree-Law. Article 132. Beginning with the entry into force of this Decree-Law, the National Directorate of Immigration and Naturalization is replaced, for all legal purposes, the National Immigration Service. Consequently, any law, document or process which designate part or the National Directorate of Immigration and Naturalization, will be interpreted to mean the National Immigration Service. The current administrative structure that has the National Directorate of Immigration and Naturalization will be maintained with all its functions, powers and privileges, pending approval of the new structure. Article 133. Movable and immovable property owned by the Nation, as well as personnel and budget and financial resources, including the assets and bank accounts at the time of entry into force of this Decree-Law are ready, possession or allocated to the National Directorate of Immigration and Naturalization, will be assigned, made available or delivered in possession of the National Immigration Service, as appropriate. Article 134. Immigration procedures initiated under the previous laws, will be processed under the rules set out therein, except as regards the means of rebuttal. Article 135. Alien who has entered the national territory and can not prove their staying in it, will have the opportunity to legalize their status or leave the country by their own means, in a period not exceeding six months after the enactment of this Decree-Law. CHAPTER II FINAL PROVISIONS Article 136. The Executive Branch, through the Ministry of Government and Justice, set fees and charges for services provided by the National Immigration Service. Article 137. The Ministry of Economy and Finance, once approved this Decree Law, should provide extraordinary items necessary for its implementation immediately. Article 138. The National Immigration Service, the Ministry of Labour and Social Development, the Ministry of Foreign Affairs and the Ministry of Commerce and Industry, coordinated by the Secretariat of Government Innovation at the Ministry of the Presidency, will carry out the necessary steps for automate the processing of immigration procedures to be determined by the National Immigration Service. Article 139. No later than one year after the entry into force of this Decree Law, permanent residents must have obtained the new identity card for such personal effects adoption of the Electoral Tribunal. Article 140. Any laws in reference to the right to personal identification card for foreigners, is understood to be referring to permanent resident card. Article 141. This Decree Law repealing Decree Law 16 of 1960, Decree Law 13 of 1965, Decree Law 38 1966, Act 8 of 1967, Act 23 of 1975, Act 23 of 1977, 22 of th |