The Ministry of Health (hereinafter “MINSA” for its acronym in Spanish) through Executive Decree No. 804 of July 22, 2021 (hereinafter the “Decree”), modifies the requirements to entry to Panama, applicable to Panamanian, residents, or foreigners during the State of National Emergency, as follow:
NEW RULES APPLICABLE FROM JULY 23, 2021.
- Digital Health Sworn Affidavit.Any Panamanian, resident, or foreigner who enters Panama must provide, prior to boarding, a Digital Health Sworn Affidavit, with a negative Covid-19 test up to 72 hours before leaving their country.
- Passengers coming from countries with High Epidemiological Risk with vaccines.Any Panamanian, resident or foreigner coming from, who have stayed or transited, in the last 15 days, through countries identified as High Risk, will be exempted from the 3-day quarantine and do not have to take the Covid-19 test upon entry to Panama if they have:
- A negative Covid-19 Test (PCR or Antigen) up to 72 hours and;
- A Card o Digital Certification with the complete immunization scheme with vaccines approved by WHO, EMA and FDA, with the last dose applied at least 14 days before entry to Panama.
- Passengers coming from countries with High Epidemiological Risk without vaccines.If the passenger does not have a complete Covid-19 vaccination card or if the last doses was applied less than 14 days before entry to Panama, he/she must:
- Take a Covid-19 test upon arrival to Panama,
- Do a 72-hours of quarantine at home if the passenger is a Panamanian or resident, at the discretion of the authority, and if the passenger is a foreigner without immigration process in Panama the quarantine must be done at a hotel for non-Covid-19 travelers, free cost or in an authorized hotel at the passenger expense with prior hotel reservation.
- Take a third Covid-19 test after the 72-hours of quarantine. If the results are negative the quarantine will end and if the results are positive the passenger must do a 14-day isolation at their home if the passenger is a Panamanian or resident, at the discretion of the authority, and if the passenger is a foreigner without immigration process in Panama, the quarantine must be done at an authorized hotel at the passenger expense with prior hotel reservation.
- Passengers coming from countries with Low Epidemiological Risk.Any Panamanian, resident or foreigner coming from countries identified as Low Risk, who has a negative Covid-19 test (PCR or Antigen) up to 72 hours before entry to Panama will be exempted of the 3-days quarantine and the Covid-19 test upon arrival to Panama.
NEW RULES APPLICABLE FROM AUGUST 9, 2021.
- Foreigner passengers without immigration process and without vaccines coming from countries with High Epidemiological Risk.Any foreigner without immigration process in Panama coming from countries identified as High Risk, in the last 15 days, who does not have a complete Covid-19 vaccination card or if the last doses was applied less than 14 days before entry to Panama, must:
- Take a Covid-19 test upon arrival to Panama,
- Take a Covid-19 test upon arrival to Panama,
- Take a third Covid-19 test after the 72-hours of quarantine. If the results are negative the quarantine will end and if they are positive the passenger must do a 14-day isolation at their home if the passenger is a Panamanian or resident, at the discretion of the authority, and if the passenger is a foreigner without immigration process in Panama, the quarantine must be done at an authorized hotel at the passenger expense with prior hotel reservation.
- Passenger with positive Covid-19 test coming from countries with High Epidemiological Risk.If the Covid-19 Test taking upon arrival to Panama has a positive result the passenger coming from, who have stated or transited in the last 15 days, through countries identified as High Risk, must do a 14-days isolation at home if the passenger is a Panamanian or resident and if the passenger is a foreigner without immigration process in Panama the quarantine must be done at an authorized hotel at the passenger expense with prior hotel reservation.
- MINSA retains the authority to randomly carry out Covid-19 test for any incoming passenger who enter Panama at the passenger expense.
- This Decree will take effect from its promulgation.
- Previously, the exemption of the 3-day quarantine and the Covid-19 molecular test upon arrival to Panama, was only for Panamanians or residents who had the complete requirements. Now this measure is extended to foreigners without immigration process in Panama.
- The exemption of the 3-days quarantine is maintained for any passenger coming from countries identified as Low Epidemiological Risk.
- The validity of the Covid-19 test for entry to Panama is extended up to 72 hours. Before it had a maximum of 48 hours of validity.
- From August 9, 2021, the 72-hours of quarantine doing by a foreigner must take place in an authorized hotel at the passenger expense. Previously, this quarantine could be done in a hotel for non-Covid-19 travelers at free cost.
- Some of the countries or regions considered as High Epidemiological Risk are United Kingdom, Republic of South Africa, India, and South America’s countries.
Panama, July 22, 2021. Morgan & Morgan is pleased to announce that, for the sixth consecutive year, the firm´s Private Wealth Law practice group earned a top ranking (Band 1) in the 2021 Chambers Hight Net Worth Guide, a prestigious publication aimed at the international private wealth market and a key reference point of the world´s leading firms in terms of service excellence and reputation.
“Chambers quotes an important institutional client saying: “ I don´t think there is a law firm as excellent as them in Panama. If we have something in Panama, we always go to Morgan & Morgan. They are knowledgeable, they provide an excellent service to clients and they are good to work together with.”
Six of Morgan & Morgan’s attorneys were also distinguished with top rankings as Notable Practitioners in the above-mentioned guide:
Roberto Lewis Morgan, partner, (Band 1) is head of the practice and has a depth of expertise in wealth preservation and succession matters, including private foundations and corporate vehicles. A client commented to Chambers that he “is someone with a fantastic reputation. He is very good creating structures for clients and he is very, very clever” and is “the go-to lawyer for foundation matters.”
Raul Castro, partner, (Band 2) is an advisor to the Panamanian government regarding international tax matters, CRS and FATCA implementation. One market insider says to Chambers “He is a smart attorney with a very good insight into international matters. He is good at handling complex matters and is always coming up with creative solutions for clients.”
Luis Manzanares, partner, (Band 2) has substantial experience in wealth preservation matters, including tax and succession planning advice on investment funds, trusts, and private interest foundations. “Very knowledgeable on foreign trust issues. He is a very client-oriented and great to work with.” says one client to Chambers.
Luis Miguel Hincapie, partner, (Band 3) is regularly assisting the firm´s South American clientele, and oversees the firm´s business strategy in Asia with a special interest in China. “He has a lot of expertise on international matters, which makes him a great asset to have on your side. He can handle very sophisticated matters,” said one client to Chambers.
Fernando Boyd, partner, (Up and Coming) is recognized for his knowledge of Panamanian Corporate Law and has ample experience in the creation and administration of complex multi-client and multi-jurisdictional structures. “He is an awesome lawyer. He is very responsive, very on top of details and definitely somebody to watch,” said one client to Chambers.
Laura Barrios, senior associate, (Associates to Watch) is considered one of Panama´s most knowledgeable tax treaty and CRS and FATCA reporting expert in the region. “She is very smart and responsive. She is very knowledgeable on Panamanian legislation and guidance for private clients. A fantastic attorney.” says one client to Chambers.
Morgan & Morgan has a seasoned team of lawyers with vast experience in traditional wealth protection and management structures such as discretionary and non-discretionary trusts, private interest foundations and corporations. More than five years ago, the firm started a new practice led by a group of young lawyers with vast knowledge in modern and tax compliant structures tailored for high net worth individuals and families.
More information on this recognition is available here.
The Ministry of Public Security modifies once again the requirements to request the residence permit for foreigners from specific countries who maintain friendly professional, economic and investment relationship with the Republic of Panama.
The Ministry of Public Security through Executive Decree No. 226 of July 20, 2021 (hereinafter the “Decree”), modifies the requirements to obtain the residence for foreigners from specific countries who maintain friendly professional, economic and investment relationship with the Republic of Panama, commonly known as “residence permit as friendly nations”, as follows:
- The Republic of Peru is included in the list of countries whose citizens can apply for this residence permit.
- A new option is included, to request the residence permit as a holder of a Fixed Term Deposit.
- To request the residence permit as a holder of a Fixed Term Deposit, the applicant must provide a Bank certificate issued by a Bank with a general license in Panama, which certifies the existence of the deposit (i) with a value of no less than USD 200,000.00; (ii) free of encumbrances; and (iii) with a minimum validity of three (3) years.
- If including dependents, the applicant must provide the requirement indicated in the Executive Decree No. 320 of 2008 related to dependents of permanent residents.
- This Decree will enter into force on August 7, 2021.
- This residence permit will be granted in 2 stages. A first stage that grants a provisional residence permit of 2 years and a second stage that grants a permanent residence permit.
- This resident permit can be requested for (i) working reasons as employee of a Panamanian company, (ii) for investment reasons as owner of a real state in Panama (iii) for investment reasons as a holder of a Fixed Term Deposit.
- The applicants will have until August 6th, 2021 to apply for the residence permit as friendly nations with the current requirements that were stablished in the Executive Decree No. 416 of June 2012.
Morgan & Morgan appoints Mr. Alejandro E. Chevalier to its Litigation and Dispute Resolution practice.
Panama, July 15, 2021. Morgan & Morgan is pleased to announce the recent hiring of Mr. Alejandro E. Chevalier, as associate in the Litigation and Dispute Resolution team of the firm.
Prior to joining Morgan & Morgan, Mr. Chevalier worked as an International Attorney in the International Department of Akerman LLP (Miami, Florida). He also interned with the International Arbitration Department of Hogan Lovells US LLP (Miami, Florida). During this time, Mr. Chevalier mainly represented Latin American and European investors, multinational companies, and State agencies in a variety of cross-border disputes, including international commercial and investment arbitration proceedings under the arbitration rules of the ICC, UNCITRAL, FINRA, and the international branch of the AAA, the ICDR. He also represented international clients in the enforcement and setting-aside proceedings of arbitral awards, and in judgment domestication disputes before U.S. federal courts.
Notably, in June 2020, Mr. Chevalier participated as counsel in the longest virtual hearing ever hosted at the time by the International Centre for Settlement of Investment Disputes (ICSID). He is a member of the Panama Bar Association, Young ICCA, ICDR Young & International, ICC YAF, the NYU Alumni Association, and the Spanish Arbitration Club. In addition, he has authored several publications on legal, commercial, and political topics.
Mr. Chevalier obtained an LL.B. (Summa Cum Laude) from the School of Law of Universidad Santa Maria La Antigua in Panama; he also was awarded an academic scholarship to participate in the International Law Exchange Program at the Universidad Pontificia de Comillas ICADE-ICAI in Madrid, Spain; and obtained an LL.M. from the New York University School of Law, along with an Advanced Professional Certificate in Law and Business (APCLB) from the New York University Stern School of Business. Furthermore, Mr. Chevalier graduated from the University of Miami School of Law with an LL.M. in International Arbitration.
This recruitment comes to strengthen and reaffirm the position of Morgan & Morgan as Panama´s leading litigation and dispute resolution law firm.
Panama, July 14, 2021. Associate Maria Eugenia Brenes contributed with the Panama chapter of the Terralex Cross-Border Trademark Protection Guide, a publication produced by members from around the globe of Terralex. The guide serves as a tool to compare trademark regulations across multiple jurisdictions.
The Panama chapter can be read here.
It is with great sadness that we inform of the passing of our beloved founding partner Eduardo Morgan González on July 8 at the age of 84.
Man of letters and business, prestigious jurist, diplomat and politician, Mr. Eduardo Morgan was born in the city of David, Chiriqui, later moving to Panama City. He earned his bachelor’s degree (Summa Cum Laude) from the School of Law of the Universidad de Panamá (1961) and an LLM from Yale University School of Law, United States (1968); and devoted much of his life to the practice of law, which he alternated with outstanding forays into politics and the business world.
In the public sector, he was Minister of the Interior and Justice in 1968 and, in addition, personal envoy of the President of Panama to the government of Japan from 1979 to 1982. He was also ambassador of the Republic of Panama in Washington, D.C., United States, from 1996 to 1998. Currently he was President of the Center for Conflict Resolution in the Americas and the Caribbean. In addition, he was a member of the Board of Directors of the Panama-Israel Institute of Culture and President of the Panama-Argentina Association of Friends.
His exemplary professional career was recognized when he was awarded in 2008 the Medal of Honor for Merit “Don Justo Arosemena”, in recognition of his 25 years as an active member of the National Bar Association of Panama and his outstanding practice in the field of Law; that same year he received recognition from the Association of International Lawyers for his career in the field of law and for his permanent contribution to the development and protection of Panama as a banking and international service center, including the Colon Free Zone. He also received the “Dr. Eloy Benedetti” medal from the Curatorium of the Deanship of Law and Political Science of the Universidad de Panamá. This distinction was in honor of his successful public career, as well as for his constant defense of Panama as a platform for international services. In 2015, Mr. Morgan was honored with the “Universidad 2015” award. This great recognition was awarded by the Honorable Academic Council of the Universidad de Panamá. Dr. Morgan, who graduated in 1961 first in class of the Faculty of Law and Political Science of the Universidad de Panamá, was recognized for his extensive and successful career and for his valuable contributions in the field of law in our country.
He is also in possession of numerous distinctions, including: Orden del Sol Poniente, Orden de Mayo al Mérito, Medalla Dr. José Angel Noriega Perez and Medalla Jorge M. Arias, among others.
As a man of letters, Mr. Morgan, authored several publications such as “Los Recursos Contenciosos-Administrativos de Nulidad y de Plena Jurisdicción en el Derecho Panameño”, 1961; 2nd Edition, 1982; “The Panama Canal, Benefit and Control. A Policy Oriented Approach”, 1969; “The Future Sea Level Canal”, 1983: y “Memorias de una Embajada”, 2nd Edition, 1999 and countless articles of a legal, political, financial and current topics published in local and international media.
Along with his work as a lawyer and exploiting the relationships he established through his work as a diplomat, he dedicated much of his life to positioning Panama as a center of service and international business, drafting? and promoting legislature that today is central to the Panamanian economy such as:
- Law 58 of December 12, 2002, called the Retaliation Law, whose origin dates to 2001. The purpose of this law las to prevent companies from countries that had Panama blacklisted, to participate in the Panamá Canal Expansion.
- Law No. 41 of 2007, which creates a special regime for Headquarters of Multinational Companies in Panama. Since the creation of this Law, Panama offers an appropriate environment for foreign investment, making the country an important center of operation for multinationals corporations in the region.
- Law 51 of July 22, 2008, being Mr. Morgan´s most valuable contribution the proposal to include a chapter to turn Panama into a world center for the storage of data of foreign companies and international entities which was enthusiastically welcomed by the Trade Commission of the Nacional Assembly and by representatives of the Executive Branch responsible for the Bill.
He is survived by his wife Diana and a son and a daughter: Eduardo Enrique and Diana Gabriela. Eduardo Morgan Jr. leaves behind an extensive life of work, commitment, and love for his own.
The Ministry of Health modifies the requirements to enter into the country, applicable to Panamanian or residents coming from the United Kingdom, South Africa, India or South America.
The Ministry of Health (hereinafter “MINSA” for its acronym in Spanish) through Executive Decree No. 783 of June 18, 2021 (hereinafter the “Decree”), modifies the requirements to enter to Panama, applicable to Panamanian or residents coming from, who have stayed or transited through the United Kingdom, the Republic of South Africa, India or South America as follow:
- As of 12:01 a.m. on June 23, 2021, any Panamanian or resident in Panama with the corresponding documentation, coming from, who have stayed or transited through the United Kingdom, the Republic of South Africa, India or South America, during the last 15 days, will be exempted from the 3-day quarantine and the Covid-19 Molecular Test upon they arrival to Panama, if they provide the following documents:
- A negative result of the Covid-19 Test, with 48 hours of validity, issue by a certified laboratory or taking when entering the Tocumen International Airport.
- Card or Digital Certification of the complete immunization scheme with vaccines approved by WHO, EMA and FDA, with 14 days or more after the last dose.
- The Digital Vaccination Certificate can be obtained in the link www.panamadigital.gob.pa
- In case of not having the digital vaccination certificate, the traveler can attach in his sworn statement a copy of the vaccination card, upon his arrival to Panama.
- This Decree will take effect from its promulgation.
- Previously, anyone that came from the United Kingdom, the Republic of South Africa, India or South America, who enter to Panama, had to do a mandatory 3-day quarantine, despite their Covid-19 test results and their immigration status. However, now with this Decree, Panamanian and resident will be exempted from this measure, if they provide the requested documentation.
- With this Decree, Panamanian and resident will also be exempted from having to take a Covid-19 Molecular Test upon they arrival to Panama, if they provide the requested documentation.
- Passengers who enter to Panama as a tourist, coming from, have stayed or transited through the United Kingdom, the Republic of South Africa, India or South America during the last 15 days will need to (i) bring a negative PCR or Antigen test, no later than 48 hours prior to their arrival, (ii) take a Covid-19 Molecular Test upon their arrival to Panama, and (iii) do the 3-day mandatory quarantine, depending of the test results.
- This Decree modifies the articles 1 and 2 of the Executive Decree No. 589 of April 29, 2021.
Morgan & Morgan among the 100 companies with the Best Corporate Reputation in Panama, Social Responsibility and Good Governance in Panama
Panama, June 7, 2021. For the third consecutive year, the Corporate Reputation Business Monitor (MERCO) presented the Ranking of Companies 100, Leaders 75 and Social Responsibility and Good Governance 100, corresponding to business action in 2020, a year marked by the COVID-19 pandemic.
We are pleased to announce that Morgan & Morgan was the only Panamanian law firm included in the four rankings as follows:
- Companies 100 – Corporate Reputation: Position # 49
- Companies 100 – Social Responsibility and Good Governance: Position # 26
- Leaders 75: Juan David Morgan G. # 12, Eduardo Morgan Jr. # 29
- Companies 30 – Most Engaged during the Pandemic (COVID-19): Position # 21
The rankings were also led by others renowned Panamanian companies such as Banco General, Riba Smith, Panama Canal Authority (ACP), Copa Airlines, Cervecería Nacional, Corporacion Medcom, Grupo Melo, Ricardo Pérez, Nestlé, Televisora Nacional (TVN), Metro de Panamá, and Global Bank, among others.
MERCO is a reputational evaluation instrument launched in 1999, which has a multistakeholder methodology made up of 25 evaluations and have become one of the main reference monitors worldwide. The study was carried out by Análisis e Investigación, the first Spanish market research institute, and the methodology for preparing the ranking of companies with the best reputation has been an independent application by KPMG in accordance with the ISAE2000 standard.
More information is available at:Resultados Merco Empresas, Líderes y Responsabilidad Social 2020.
Panama, June 3, 2021. Morgan & Morgan has been shortlisted as “Panama Litigation and Arbitration Firm of the Year” in the upcoming Benchmark Latin America Virtual Awards to be held on June 16, 2021. These awards aim to recognize the firms and litigators who have performed exceptionally at local and regional levels.
Likewise, our seasoned partner, Mr. Simon Tejeira Q., has been shortlisted as “Panama Litigator of the Year.”
For more information: Benchmark Latin America nominees.
Morgan & Morgan´s NGO (Fundamorgan) celebrates its twentieth-anniversary.
The Foundation was established to honor the memory of Eduardo Morgan Alvarez (1902-1988), founder of Morgan & Morgan, a self-taught lawyer by vocation who dedicated his life to the successful exercise of the law, to procure an equal access to justice and to serve his country.
Panama, June 1, 2021. Fundamorgan is a non-profit organization, legally constituted in the year 2000, which channels the social-community actions of Morgan & Morgan, MMG Bank, and other related companies, through two lines of action: Education and Access to Justice; with the aim of contributing to the buildup of a fairer society with a better quality of life for everyone.
Through the work of our “Access to Justice” axis, from the Community Legal Assistance Program, Fundamorgan provides free legal advice in criminal and family proceedings to women victims of domestic violence who generate less than $800 per month, thus contributing to SDG#5 (Gender Equality). Also, the foundation devotes great efforts to prevention strategies, building capabilities, and advocacy campaigns to promote women’s empowerment programs, access to justice and gender equity as tools for social change.
On the other hand, in the axis of “Education”, since 2014 Fundamorgan focuses its efforts on a citizenship program called “Responsible Citizenship and Human Rights” which promotes human rights in the youth population of Panama as a way to build responsible and participatory citizenship. We include workshops such as: personal dignity, respect for others and the community, a culture of democracy, and others which allows the transformation and improvement of institutions, governments, and the quality of life of its citizens.
Some of Fundamorgan´s achievements in the last 20 years:
- More than 3,500 legal proceedings in behalf of people who would otherwise not have been able to afford this service.
- Impacted more than 11,000 people through awareness-raising activities and discussions about how to recognize their rights as a woman and their families, and warnings about domestic violence, its beginnings and how to stop it.
- Through the Pro-Bono Program, we provide annually more than a thousand hours of free legal advice to various nonprofit organizations and in public interest projects.
- More than 12,000 young people benefited from the “Responsible Citizenship and Human Rights Program”.
- Awarded more than 30 Eduardo Morgan Alvarez Law Scholarships.
- Some of Fundamorgan´s distinctions in recent years:
- UNESCO selected the “Responsible Citizenship and Human Rights Program” as a good practice to promote a culture of coexistence for development.
- The Global Compact recognized the Community Legal Assistance Program as a Good Business Practice by the Sustainable Development Goals, specifically SDG 5: Gender Equality.
- Our programs have been recognized by The American Chamber of Commerce and Industry of Panama (PANAMCHAM) with their Sustainability Award for their unique characteristics.
For more information on this celebration, please visit www.fundamorgan.org/20.