News
Tuesday 22nd October 2024.
October 21, 2024
Javier Cachafeiro Richa , investigated for the alleged commission of the crime of money laundering related to the National Aid Program (PAN) , reached a collaboration agreement with the Anti-Corruption Prosecutor’s Office of Descarga in which he agreed to provide relevant information.
In a note sent by the anti-corruption prosecutor for discharge, Edwin Juárez, to the second liquidator judge of criminal cases, Agueda Rentería, it is reported that, after the approval of the agreement on August 24, Cachafeiro agreed to participate as a witness for the prosecution in this case.
It is also detailed that Cachafeiro’s participation would be carried out through technological means and, for this, he provided an email address where he can be located.
The investigation dates back to 2015 into money movements obtained through the alleged payment of “bribes” and other irregularities in contracts and purchases made by the PAN.
On November 30, 2023, the High Court for the Liquidation of Criminal Cases overturned a ruling by the liquidated Fifteenth Criminal Court that issued an acquittal in favor of the 17 defendants and called them to trial for the crime of money laundering.
The investigation revealed that, through several companies, such as Inversiones Glora , Inversiones Alimac , Inversiones Harl and Grupo Piombino , sums of money were moved whose whereabouts are unknown. These funds belonged to the PAN.
Among those called to trial are Rafael Guardia Juárez (fugitive ), Loraine Brigitte Guardia Juárez and Jonathan Guardia Andrión (all children of the former director of the PAN, Rafael Guardia Jaén), who, according to the prosecution, created companies and cashed checks from PAN funds in an irregular manner, to acquire movable and immovable property.
In this case, the prosecution argued that the crime preceding the money laundering was embezzlement and that this was consummated through the awarding of contracts through the PAN, some of which were overpriced or not fully executed.
Irregularities in the management of PAN funds were one of the biggest scandals of the administration of former President Ricardo Martinelli (2009-2014), which led to nine investigations involving several former ministers and senior government officials.
Adolfo De Obarrio , former private secretary of former President Martinelli, was investigated in several of these cases, but has not appeared in any proceedings since leaving Panama, after being required by the Public Prosecutor’s Office.
The package of reforms presented by the Ministry of Economy and Finance (MEF) to change the Fiscal Social Responsibility (RSF) rule eliminated the rule of accumulation of the Panama Canal surpluses in the Panama Savings Fund (FAP).
Bill 138, which was approved in the first debate in the National Assembly, originally proposed eliminating the article that established that the FAP would receive contributions equivalent to 50% of the amount of contributions made by the waterway to the National Treasury, as long as the surpluses are greater than 2.5% of the gross domestic product (GDP).
However, the National Assembly’s Economic and Finance Committee dealt a setback to this plan when they reworded the bill, indicating that this point would be eliminated as proposed.
In exchange, they approved the suspension of the effects of the rule for fiscal years 2024, 2025 and 2026. That is, during those three years the FAP would not receive the contributions that correspond to it, if the project is approved in the third debate. The rule would be reinstated in 2027.
The president of the FAP board of directors, Mario Amaya, participated in the discussions of the fiscal law, indicating that they recognized the tight financial situation of the Government, so they had no objection to the suspension of the Canal’s contributions, but only for the next three years.
On Monday, October 21, the deputies heard their request, and it was thus reflected in the bill approved in the first debate.
Furthermore, the FAP also opposed the inclusion of an article that introduces discretion in the allocation of its assets, which could generate uncertainty about the fund’s future income.
The modification to the definition of “returns” presented in another article was also questioned, as it could prevent the capitalization of the fund. Amaya requested changes and the correction of these points.
Representative Patsy Lee, from the Popular Party, discussed the elimination of the regulation that allowed the Canal’s contributions and asked for explanations from the Vice Minister of Finance, Fausto Fernández De León, who said that it was necessary to suspend the regulation and reformulate it to adapt it to the current economic reality.
Fernández said that, following the same law and with the budget of the 2025 project, the FAP would have received between $120 million and $130 million, “which we would have had to contribute anyway, considering that we have a negative primary fiscal balance, where that money should be used to pay current bills and everything we have in arrears for a year.”
The official asked a question as a reflection and said: “If I owe money to everyone, how is it that I am saving?”
This situation of hardship, he stressed, “does not obviate the fact that we should continue saving, because that is part of all this financial reengineering that we are doing in the State in order to achieve financial sustainability and continue maintaining contributions to the FAP.”
In his opinion, the formula for calculations and the assumptions under which the FAP receives contributions are very restrictive.
The controversy surrounding the budget granted to the Autonomous University of Chiriquí (Unachi) continues to generate tensions, after authorities and teachers of the institution staged a demonstration on Monday, October 21, at its main headquarters.
The protest, which reflected growing concern about the future of the university, coincided with a meeting between law students and deputies, who listened to the concerns of the academic community.
On October 16, Unachi’s rector, Etelvina Medianero de Bonagas, sent a note to the Minister of Economy and Finance, Felipe Chapman, expressing her concern because the approved budget is considerably lower than that requested.
According to the rector, the approved figure amounts to 50 million balboas, 64% less than the 138 million requested by the university, and represents a 53% cut compared to the 2024 budget. The impact of this reduction, as stated in the letter, is devastating. The authorities emphasize that the budget allocated for 2025 covers only operating and running expenses, without allowing for investments in infrastructure, research or development.
While the protest was taking place in Chiriquí, students from the Faculty of Law of Unachi met with deputies of the National Assembly. Some of them were Betserai Richards and Jhonathan Vega, both from the Vamos coalition.
The university students expressed their concern about the budget of that university, while Richards said that there are issues within Unachi that need to be corrected, such as a bloated payroll and nepotism.
“The chancellor should be in jail,” said MP Betserai Richards.
The Office of the Comptroller General of the Republic of Panama reported the detection of several deceased persons who were still listed on the regular payroll of the State, covering different ministries.
The discovery was made possible by cross-referencing information with the Electoral Tribunal, the entity responsible for civil registration, identification and certification of civil status in the country.
In a statement, the Comptroller’s Office did not specify how many cases of this kind have been detected.
“As an immediate measure, the salary corresponding to the second half of October 2024 has been withheld for the identified cases,” the institution said.
Bill 139, which declares a moratorium for taxpayers, was approved in its first debate on Monday, October 21, by the National Assembly ‘s Economic and Finance Committee .
One of the key modifications that this project underwent was the elimination of the articles that proposed reforms to the Tax Procedure Code .
Several members of the committee expressed their disagreement with these articles because the Assembly closes its ordinary sessions on October 31, leaving them little time to debate a “complex issue.”
The chairman of the committee, Ronald De Gracia, agreed with his colleagues and proposed the elimination of articles 5, 6, 7, 8 and 9 of the project, which referred to the Tax Procedure Code .
Earlier, the Panamanian Institute of Tax Specialists (INSPAT) had sent a note to the Commission in which it expressed its disagreement with the reforms.
“We have made it clear that the issue concerning the Fiscal Code and the Tax Procedure Code must be addressed with the participation of all entities related to fiscal and tax matters and that there should be the disposition and time to do so so as not to harm the guarantees of taxpayers and, in turn, guarantee both the collection and the proper application of its provisions,” the institute stressed in the note.
The commission ultimately approved the bill with only the articles related to the moratorium. The initiative, presented by the Ministry of Economy and Finance, establishes a moratorium period until December 31, 2024 for the payment of interest and surcharges caused by Income Tax, Real Estate Tax, Tax on Notice of Operation, Tax on the Transfer of Personal Property and Provision of Services (ITBMS), Selective Consumption Tax (ISC) and the Single Rate for legal entities.
The Land Transport and Transit Authority (ATTT) has asked drivers of all digital passenger transport platforms to immediately remove any signs attached to vehicles providing this service.
On Monday, October 21, after a meeting between the ATTT and legal representatives of the inDrive platform in Panama, it was clarified that only taxis with an operating certificate are authorized to carry signs or stickers that identify their selective transportation service.
The ATTT warned that, starting October 28, 2024, any vehicle on the inDrive platform that continues to be labeled will be penalized.
The President of the Republic, José Raúl Mulino , was received this Monday, October 21, at the Elysee Palace by the French President Emmanuel Macron , who promised to collaborate so that Panama stops being part of the European Union tax lists .
Macron waited for Mulino at the entrance of the presidency, as part of official protocol. They took the obligatory photo and then entered the palace.
During the meeting, Macron was direct in pointing out that he is aware of the efforts that Panama has made to comply with international requirements on fiscal matters, the Presidency reported in a statement.
“France wants Panama to be removed from this tax list,” Macron said at the meeting.
Mulino thanked Macron for his gesture of support and invited him to visit the country. The French president accepted Mulino’s invitation to visit Panama in the second half of 2025, a visit that “would mark the historic relationship between the two countries.”
During the meeting, they also discussed commitments to biodiversity. Macron took the opportunity to propose to Mulino that she be a speaker at the third conference on the Oceans, which will take place in Nice in 2025.
They discussed the conflict in Ukraine and their position on the regime of Nicolás Maduro in Venezuela and the “lack of transparency” in the last elections.
The Director General of Revenue, Camilo Valdés; the Superintendent of Banks, Milton Ayón; the Foreign Minister, Javier Martínez-Acha; the Ambassador-designate in France, Miguel Antonio Bernal, and the President of the Action Group for International Financial Equality (GAFIPI), Carlos Raúl Moreno, also participated in this meeting.
Representing France were Aude de Amorim, French ambassador to Panama; Emmanuel Bonne, diplomatic adviser; Walid Fouque, advisor for America, Asia and Oceania; Anastasia Colosimo, communications adviser; Amélie Verdier, director general of public finances, and Jérome Audin, deputy director for Latin America and the Caribbean at the Ministry of Europe and Foreign Affairs.
The Panamanian president arrived in France on Sunday. Earlier, Mulino held a meeting with several representatives of leading companies.