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Executive Summary LAW No. 41 of 24th August 2007 SPECIAL ...

Executive Summary LAW No. 41 of 24th August 2007 SPECIAL ...

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The company with license <strong>of</strong> a ROMC will be able to hire especial foreign employees to<br />

occupy manager, high and medium level positions required for its operation, pursuant<br />

to what is established in the Labor Code for companies whose transactions are<br />

performed, consumed or have their desired effects outside the Republic <strong>of</strong> Panama, but<br />

it will not apply for these employee’s dependants who will have to obtain the<br />

corresponding permissions pursuant to the effective provisions.<br />

The personnel <strong>of</strong> company with license <strong>of</strong> a ROMC granted with this type <strong>of</strong> visa will<br />

not be able to do other lucrative activities different from the ones performed in the<br />

ROMC.<br />

Furthermore, the personnel <strong>of</strong> company with license <strong>of</strong> a ROMC will be in exempted for<br />

a single time, at the moment <strong>of</strong> the movement to Panama, <strong>of</strong> payment <strong>of</strong> import tariffs<br />

for personal domestic use objects or <strong>of</strong> its dependants. If the personnel decides to leave<br />

the national territory before three years from the exempted import will have to show<br />

pro<strong>of</strong> <strong>of</strong> the re-exporting <strong>of</strong> these objects, unless he properly demonstrate to competent<br />

State employees that the introduced object are unsuitable or have been sold previous<br />

payment <strong>of</strong> established import taxes.<br />

As long as the personnel <strong>of</strong> the ROMC is temporarily in Panama and does not request<br />

his permanent residence will not be obliged to the obligatory affiliation to the Social<br />

Security Authority. These foreign employees must have private medical insurance for<br />

them and for its dependants. The multinational company will be responsible for this<br />

coverage.<br />

SANCTIONS<br />

Any action or omission that transgresses or violates the provisions established in this<br />

Law or the provisions issued in conformity with the same, or those resulting from the<br />

respective licenses will be assumed as an infraction subject to be sanctioned by the<br />

Technical Secretariat. Among these violations we can mention the following:<br />

1. The multinational company granted with a license <strong>of</strong> a ROMC which carries out,<br />

in the national territory, different activities from the authorized by its license,<br />

without fulfillment <strong>of</strong> what it is established in this Law its license will be<br />

cancelled and will have to pay a fine <strong>of</strong> an equivalent <strong>of</strong> three times the incomes<br />

not perceived by the Nation because <strong>of</strong> the fiscal exonerations stated in this Law.<br />

2. The employees who enter the national territory protected by this Law and<br />

remain in Panama without certainly working in the company with a license <strong>of</strong> a<br />

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