Water, a big tempest is brewing

Today, 25 April the National government sent it’s team to Boquete for a public hearing on the new water law. The Mayor was there, the governor was there, many other local elected officials were there as were hundreds of residents. The meeting started late, as usual, and bilingual The lights went out as when power was restored the English part of the presentation was snipped out.

IMG_1319

The presentation done in powerpoint was to the point. Panama has a water crisis and the government wants to fix it. My concern about this being a packaging for resale to a private company was addressed early by pointing to a line I missed in the proposed law, curiously under article one, free standing.

“Paragraph: The National Authority for Drinking Water and Sanitation not be privatized.”

The audience was vocal and clear, they want no part of the law. I spent some time after the meeting with Rodrigo Marciacq discussing why the objections are so forceful. This is a quick summary of why.

In essence the people of Boquete want to continue to control their own water. They have no confidence in the national government. They believe this is a power grab and we will all be losers if Panama City has control of local water supplies. They point to the failure of IDAAN to provide water nationally and question if a new administration of a new department can do any better. They believe the focus will be on the Capital and we will pay more for worse service.

I have asked Rodrigo and the Mayor to address the Tuesday meeting on 30 April on the issue, in English. I will have a confirmation of this tomorrow.

 

 


Royston Knight, again

I was notified by a local attorney, Julio Espinosa Brown, that he has filed still another criminal complaint against Roy Knight. Here is a link to information about the previous claim, LINK.

“Three weeks ago we filed a complaint for real estate fraud and for sales of a corporation that does not exist against ROYSTON MARTIN KNIGHT and MARIA JULIA GIRON HERNANDEZ (Roy engineer) for the sum of $90,000.00 local D.A.

Facts: Roy and his engineer sold to my clients some lots at the beach of Puerto Armuelles for the sum $90,000.00, after a little research we realized that the lots do not exist and no corporation of Roy´s owned those lots.

My clients deposited the money in the accounts that Roy has or had in USA.”

Roy bought his way out of the last complaint, which was remarkably similar, by paying the amount he was alleged to steal. Since he is in Panama and this a a criminal fraud complaint,  he is guilty until proven innocent or pays the claimants, who can then drop the proceedings.

Royston Knight

Do business with Roy at your own risk, he has many claims against him by unwary expats who allege he bilked them of hundreds of thousands of dollars.

If you have a claim against Roy you might want to contact Julio he has gotten blood out of this turnip  before.

JULIO CÉSAR ESPINOSA BROWN, ESQ.
ABOGADO
Edificio Don Alejo, Oficina No. 8
(Edificio de la Caja de Ahorros y El Constructor),
Boquete, Chiriquí, República Panamá,
Télefax (507) 720-2941 y Móvil (507) 6677-5077
Skype: juliojulio19741


TCM: Rainelda Mata-Kelly, a legal update

Rainelda Mata-Kelly made trip to Boquete to provide our community with an update on some of the changes in immigration law and in a long question and answer period clarified many other issues for people.

I am going to attempt to summarize.

If you are looking for a Visa she recommended two options as best today. The Pensionado visa if you are retired, do not want to work and can show a pension of $1,000 a month for yourself and another $250 for a dependent.

The other option is a creation of this government and allows anyone from forty seven different countries to put $5000 in a bank account and apply for a visa that includes a work permit. This is the winner right now, no income requirement, work permit and permanent resident status in about six months. Rainelda pointed out the rules on this visa are cloudy and interpretation might vary with a new director of immigration, but for now this is a great option.

She emphasized the current need for an FBI report for US citizens and the fact they are rejecting people with arrests, even if never convicted of a crime.

If you are a pensionado and want a Cedula E she recommended getting one. She is going to confirm that the costs have not increased from the $60 government fee. Under the current interpretation of the law Pensionados with five years residency and a Cedula E , can request citizenship. In response to a question she did point out that you are required to renounce your prior citizenship when accepting Panamanian citizenship and the impact of that will vary depending upon your original citizenship.

The question came up about the email circulated by News.boquete from a local law firm saying bearer shares are going away by 2016. Rainelda said there is discussion of a change in law due to international pressures but no law has been introduced into the legislator and nothing has changed at this time. The law may or may not change in the future. Her advice was that she does not recommend bearer shares to her clients but if you have them, the fear of an uncertain change to the law is not reason to do anything now; wait.

In response to questions she discussed the use of Private interest foundations for protecting assets and how they differ from Trusts and corporations in Panama. If you do have a Private Interest Foundation be aware the Tasa Unica, the annual fee to the government for the Foundation has be raised from $300 to $400. The rate of $300 remains the same for corporations.

There was a lot more but I failed to take notes. :)

For more information contact Rainelda Mata-Kelly

Telephone:
(Int. access code+507) 216-9299
Fax:
(Int. access code+507) 216-9298
Mobile phone:
(Int. access code+507) 6618-0515
e-mail:
rmk@mata-kelly.com Website: www.mata-kelly.com
Office Address:
Suites 406-407, 4th Floor, Tower B, Torres de las Americas, Punta Pacifica, Panama City, Rep. of Panama.
Mailing Address:
P.O. BOX 0818-00534, Panama City, Republic of Panama

 


More news about Coacecss Cooperative

“The director of the Panamanian Autonomous Cooperative, Ana Giselle de Vallarino said they intervened Cooperative Credit Union of Workers of the Social Security Fund to protect the money of the partners.

Vallarino said that from December 1 at 8 am Christmas savings were delivered.

The intervener Martha Luna yesterday filed a criminal complaint against former manager, the Board for alleged financial crimes and Vallarino as there is sufficient evidence to support the complaint even against the Credit Committee.

Vallarino said that since 2010 had been sanctioned COACECSS for violating  laws to prevent money laundering, and had found that flexible handling of preferred accounts to third parties, payment of high fees (more than a million dollars) to companies by “referring clients” best interest rates on loans to people who were not members and wasteful resources branch openings, which caused more than $ 40,000 in losses.

The director said that despite IPACOOP who sought a rapprochement with the Board, it never came and they never apologized.”

(My translation so please don’t take it to court)

TVN Television

 

 


A COACECSS Update

I wrote about the Credit Union COACECSS in the past to inform people that the government agency that regulates Cooperatives intervened in COACECSS due to irregularities.

The people who were selling expats on investments in COACECSS at the Tuesday Market discounted the event as a “Administrative Intervention”.

“To that end, you can be assured that these are some of the facts regarding Credit Union funds:

This is an “Administrative Intervention” and as such by definition, in no way involved the immediate financial health or solvency of the Credit Union
· The credit union will continue to honor all interest payments in both certificates of deposit and Money Market savings accounts,
· The credit union has the solvency to pay all principal amounts of certificates of deposit when matured and if requested.

Clients funds are not in jeopardy. Hopefully, whatever needs correcting will be done soon, and things will return to normal. For this reason, a decision has been made by this group of Americans, to supply information on this situation on an “as asked” basis, rather than make a company statement.

All is well. And all was well, but needed a few minor adjustments. You are promised to be kept informed, and please keep in touch with us.”

This comment from Jim is below this post, LINK

On Nov 6 2012 the auditors posted this on the COACECSS Web site.

LINK to complete document above.

I do not have the language ability to do a precise translation, if someone can it would be appreciated.  I believe the essence is they will make every effort to pay their account holders.  They were trying to keep the whole deal quiet to avoid panic. They are trying to do what they can to keep open the Cooperative and avoid bankruptcy.

Two of the measures they are taking:

1.  To stop account closings for a while.
2.  When they pay the Christmas accounts, they will deduct any passed due financial responsability the person has.

There are a few loans that haven’t been paid as of yet so they are trying to collect the money, somehow.

In other words the Cooperative is trying to avoid bankruptcy, the issues are real and fiscal.

Today there is an article in La Prensa, LINK in English. It appears that the people being accused of mismanagement are trying to regain control.

This quote is from Capital Newspaper. Full text in Spanish is at this link.

“Referring to the case of  Coacecss operated since June 28, the official (of Ipacoop the auditing agency) explained that one of the problems was that COACESS paid high interest funds with fixed term rates to 9%, while placing these funds in the banks earning interest at 2%.

The directors of this cooperative have also questioned the fact that the intervener has purchased bonds totaling more than $ 20 million, an operation “unusual” that this organization had never done.

Roses Vallarino said that what is sought is that liquid funds were not placed in an interest earning loans of up to 4%, which remain liquid assets because they can sell at the time that these resources are required.
Another issue that remains is related to savings of Christmas, which could amount to about $ 8 million and although it has been announced that will be delivered on the first of December, the director of IPACOOP said “we are working on that evaluation, because It’s useless to meet commitments today, not in January can not be met with other commitments. ”
He stressed that the cooperative has suffered much and detected the payment of over $ 1,000,000 in commissions to companies related funds and identified many foreign funds, without the measures taken to meet the client.” (Emphasis added by me for those who invested through Offshore CD Network, they earned a lot of money)

If you are one of the people who have money invested in COACECSS you should make further inquiries to protect your “safe” investment. You were told no credit union in Panama has ever failed, according to the auditors at Ipacoop, they are doing what they can to maintain that record.


Somos Loco, We are Crazy

Today, 28 November,  is Independence Day in Panama. However, this year the President of the Republic decided to move Panama’s birthday to Monday 26 November.   When the current government ran for office the slogan of the CD party was Somos Loco (We are Crazy), this month people agree. Panamanians I spoke to thought he was crazy, you cannot move a birthday.

Some people I spoke to today said even god was angry about the change which is why much of Panama suffered heavy rain and some areas like Colon flooded. Our mayor decided that since the parade on Sunday was literally a washout he would do it again, on a smaller scale, today. Today instead of all the national bands who were soaked to the bone on Sunday, only schools from Boquete are marching. This will end the 2012 season of the drums, until the Christmas parade if it happens this year.

I was in town as the preparations were being made and fled before it started. I don’t mind the noise, I don’t mind the traffic, I do wonder why the children need to miss still another day of school but that is my North American bias.

Boquete Independence Day parade 2011, last year

This year I missed the Independence Day Parade on the 25th. I understand Boquete was mobbed by bands and tourists from the entire country. I missed the parade because we were returning from Colon, which was flooding as we departed. I understand the parade was loud as usual and had all night discos, lots of sleepless partying people and hordes of cold wet tourists. The noise of these events is permitted in Boquete in the name of tradition and patriotism, but not all noise is permitted.

Yesterday I was told the mayor has instituted more noise enforcement. Now even on weekends the few venues still allowed live music must stop music at 10pm. Since 10pm is when most locals head out to party on weekends this allows only one or two venues for live music on weekends, La Cabana and the new Porotos bar across from Global Bank. I wonder how they gained permits when Mikes, Amigos and La Posada are now restricted.

Somos Loco applies not only the the CD but perhaps also to the local government that is doing all that is possible to eliminate entertainment venues for locals and tourists alike. I do not understand the motivation, but this will be a negative to tourism and quality of life in Boquete. Parades are culturally important, but places to recreate on weekends are even more important to the long term success of a tourism economy.

 

 


The Right to Bear Arms, in Panama

If you are a citizen or permanent resident of Panama you have the right to try to buy a gun.

I put this in the indefinite because if you can find a store that sells guns and actually has some inventory, you can buy the gun and request a license to carry the gun. I did this five years ago in Panama City and I want to share the experience. Today I needed to renew my license in David, so I can share that experience also.

Five years ago in Panama City a friend took me to gun store where I purchased a gun. They then collected urine for a drug test, did a psychological test, took copies of my carnet, passport, finger prints, money and then sent me off to have a blood sample taken for a DNA exemplar.

Then I waited six months for the call that I had a license and could go back to Panama and pick up the gun. Gun purchasing in Panama is not cash and carry. They take everything except your first born child including test firing your weapon and keeping a bullet for future comparison purposes.

My gun has never been discharged in anger but my license expires in December. Being my compulsive self I started to ask about the current procedure for renewal. One constant in Panama is that nothing is constant, they changed the law.

In addition addition to psychological testing you now need to show proficiency with the weapon by doing some serious range time, twenty-five hours. I decided to find a helping hand who could make it all happen with less pain and suffering.

Unlike other licenses in Panama do not wait until the last minute to renew your license for a weapon. Start this when you have 60 days left on your license. Email me for contact info for the man that can walk you through the entire process in two hours. Believe me it was worth the $30 he charges. That is in addition to the $100 for the government, the $30 for the psychologist and the $25 for the pistol range, total $185 for a renewal.

The one thing that they do not require is understanding the law regarding the use of a lethal weapon in Panama.

To appreciate this law and other criminal laws in Panama, understand that unlike most developed countries, in Panama if you are arrested for a crime, you are presumed guilty unless you can prove youself innocent.

The following is an unofficial translation of the law.

Acts of self-defense that the local courts may find justified are as follows:
The existence of an unjust aggression, actual or imminent.
Using a rational means to prevent or repel aggression.
Lack of sufficient provocation on the part of one who advocates or is defended
It is presumed to be acting reasonably in self-defense to repel an attack against you, when without your consent, a person has entered your residence, dwelling, house or room.

What this means is simple in explanation, but never simple if you are the person arrested.

The last, highlighted point first. IF YOU ARE IN THE PLACE YOU ARE LIVING, your home, a home you are house sitting, where you are residing and you act to defend yourself from a person who did not have your consent to enter the dwelling the burden shifts. You are presumed innocent unless proven otherwise. It does not cover your car, your front yard or someone you invited into your dwelling.

If this does not apply and you use lethal force, you need to prove the following.

There was agression against you, actual or imminent and you used a RATIONAL means to prevent or repel the aggression.

This section implies that you cannot use excessive force, you cannot shoot someone for hitting you with a fist, repelling a machete attack might be permissible since it is lethal force being met with lethal force. You also must show you or the person you defended did not provoke the attack. Note, the burden of all of this is on the person committing the act. You are presumed guilty if charged. Link

My advice, by a taser or some pepper spray and you will never face the issues that will happen if you shot someone. I, of course never seem to follow my own sagely advice.


The cedula arrived

The date I was given to pick up my Cedula in Boquete was 12 November. Being a realist and having lived in Panama for more than six years, I tried to resist my compulsive personality and hold off going to pick it up; I knew it would not be there. My self-control failed. I entered the Tribunal Electoral office in Boquete, near the library on the side street, at 10am.

I presented my receipt from Panama City and fully expected them to say come back at some indefinite time in the future, they didn’t they had the Cedula. The final act was them taking a finger print and the computer confirming I was the same person who gave finger prints in Panama City.

Is this the new Panama, efficient?

 

Cedula E less ID number

Next David to change auto registration and drivers license.


Open letter to new immigrants, you are welcome here but …

I want to be the first to say to the huddled masses who want to leave the United States after the Obama victory that you are welcome to join us in Boquete Panama. It might be helpful to understand some differences between the United States and Panama. Since I have no interest in selling you anything, you might find my perspective a contrast to the many people hustling Panama online. This post is intentionally negative, but it is also intentionally a contrast.

Panama is not part of the United States. I feel compelled to say that because I have read so many comments and questions on various Yahoo groups from people who are looking to immigrate here with families and find work in Panama. You will need a passport to enter Panama. Although English is widely spoken among educated Panamanians, the official language here is Spanish and you will need to speak Spanish to get a job or function efficiently almost anyplace outside of immigrant enclaves like Boquete.

As an American passport holder you can enter Panama as a tourist for six months and recycle that entry in one day by visiting Costa Rica. That policy can be changed and has been as little as 30 days in the past for tourists. Tourists cannot legally work in Panama. If you work as a tourist and are caught you will be fined and possibly deported. Tourists and retirees cannot work here without a work permit from the government and tourists and people with retirement visas cannot legally get work permits.

The laws are different here,  the government can create or change laws in days and they are in force as soon as recorded. Recent events have shown, when a law is very unpopular the people attempt to shut the country down until the law is repealed, they have succeeded several times recently.

Immigrants often learn the legal system is of no value to them, there are many corrupt lawyers and forget a malpractice suit, a lawyer will not sue another lawyer. Even if you can find one to file a lawsuit, he with the most wealth or best political connections will likely prevail in the lawsuit.

Many people buy property here. Too often people buy Right of Possession (ROP) property, only to discover others have claims on the land. The buyers might discover they own nothing but a document after a legal battle. You need a lawyer to make an intelligent purchase and need to hope the lawyer is honest. Just because the lawyer speaks English does not make them honest. You can buy titled property safely, most of the time but need to check on liens, tax liabilities etc before buying. There are no escrow services here and although I have heard of people selling title insurance I have never actually seen anyone benefit from Panama title insurance.

We have many English-speaking carpetbaggers here. Some of these people fled their criminal past in other countries and came to Panama because the laws on White Collar crimes like fraud are weak at best. You can buy a house from the honest Gringo and find out he never owned it. You will have little recourse and may have lost your investment.

If you are from the USA you will find your money is good here. The currency of Panama is the Balboa, but the Balboa only exists as coins, the paper currency here is the US dollar. That is convenient,  but if you believe the dollar is doomed, so is the Balboa. Unless the government decides to really upset the economy and change the currency; which they could do.

Domestic and farm labor is available and appears to be very inexpensive. However the labor laws in Panama are 99% skewed to the worker. An employee has Social Security of which you must pay a percentage. Employees are legally entitled to a month vacation each year and you need to pay decimo, a 13th month of wages each year. In essence an employee works eleven months and is paid for thirteen. You also need to pay severance after ninety days of employment, terminating an employee can be expensive . If you hire someone for $2 an hour, the real cost is closer to $2.80 without factoring in severance.

If you are fleeing socialism, it is here already. In Panama the government owns the canal, a couple of banks, half of Cable & Wireless, a telephone company, a part of the electric utility, the Colon Free Trade Zone, part of the coast to coast oil pipeline and probably a lot more. Social Security provides not only a meager retirement income but medical care also. Your medicare, medicaid and with some exceptions your health insurance will not work here. If you have Tricare you can get reimbursed, but most US health insurance does not work here in Panama.

Despite any rumors to the contrary we have taxes in Panama. There is a 7% VAT on most purchases other than food, medicine and agricultural goods. There are import duties on almost everything and transporting goods from overseas is expensive. There are property taxes and although there are some exonerations, you need to be sure you actually have them or your tax bills will grow with penalties and interest. The liability might first be discovered when you try to sell your property. If you do work, there are also income taxes and Social Security taxes.

You can start a business and as long as you do not work in your own business unless you get a work permit. You can profit from your enterprise as a shareholder but if government inspectors find you working expect a hefty fine.

With all of the negative said, if you are careful and do not check your brains at the airport Panama is wonderful. Panama is a great place to live. I have been here more than six years and love it but it does require a reset of expectations and not everyone is willing to make the necessary changes. Too many people come and leave within two years, some with less than they had when they arrived, that is my reason for the splash of ice water.  This was a counterbalance to the sales pitches that are on most internet sites about Panama. Consider the changes you need to make to adjust to a new country, visit, rent and see if it for you before you sell your assets and buy your family a one way ticket.

 


The Cedula E, round two in the Capital

On Monday, Colon Day holiday I joined Will Wolff and Mari Ruiz on a drive from Boquete to Panama City. Mari had an appointment at the US Embassy to interview for a Visa and I wanted to do the next step on my path to getting a Cedula E for Extranjero.

Driving to Panama City at the end of a holiday weekend is not recommended. The traffic was awful it took us nine hours to get to the hotel.

At 8AM after a relaxed evening, I grabbed a taxi and went directly to the Tribunal Electoral. I did not return to Immigration even though they told me to go there first for a piece of paper, as I discovered it is not necessary.

I went up to the first floor which is actually the second floor, one above the Mezzanine to the same office of extranjero affairs that did not have my paperwork on my last trip. As often surprises me in Panama they remembered me and found the paperwork from Immigration, that saved me having to return to immigration.

While they were pulling paperwork out of various places I went to go check on the procedure to register a marriage. To do that you go up one more flight of stairs and there is a window for Extranjero affairs. To register your non Panamanian marriage you need a certified copy of your marriage license which has been apostilled, a copy of the same document translated by a licensed translator who has stamped and signed each page and a letter to the director, Magister Zoraida Sitton, in Spanish asking for the registration. There is no cost for the registration. Once you have registered your marriage in Panama you can only file for a divorce in Panama if you want Panama to honor the divorce.  If you need a local licensed translator I recommend Mitzi Claire Nash, she is great, if you email me I can provide her telephone number.

After learning all of the above, I returned to the Office of Extranjero Affairs on the first floor. They had all the papers ready but I needed two more copies of my Pensionado carnet and had to return to the ground floor to pay the $65 fee. I discovered a mobile copy center in the parking lot, they have a thriving business model.

Copy Center on Wheels

Twenty cents later I was able to go back into the office and pay the $65 fee at the cashier and take my receipt and copies back up the the first floor, that is really the second floor, the floor above the mezzanine, and turn them in.

I was then told to wait outside for about one hour, instead I went to the neighborhood McDonalds and ate a leisurely breakfast. When I did return about thirty minutes later the waiting area was full.

Hurry up and wait here

Once again I was surprised,  the clerk saw me through the glass door, came out and told me they would be ready for me in a few minutes; they were. In less than a hour,  I was downstairs being photographed, finger printed and smiling for the camera, the clerk there smiled for me too.

Smile and put your fingers on the imaging machine

Next step, my Cedula will be delivered to the Tribunal Electoral Office in Boquete on November 12.

Total time from entering the taxi to leaving the Tribunal Electoral, two hours; remarkable. I later found out it took Mari three hours to complete two interviews at the US Embassy to get her Visa.

I walked the two kilometers back to the hotel enjoying the tropical weather and rather self satisfied that I had navigated the bureaucracy on my own.  Once I have the Cedula I will start researching the process of getting nationalized for a passport.