PSA Panama operates since 2010

Since the beginning of PSA Panama, we have operated the port under a concession awarded by the State of Panama. Generally, concessions are a legal framework that the State of Panama has granted to several port operators located in the former Canal Zone.

However, despite the social and legal license of PSA Panama, some businessmen and politicians have tried to intervene against this concession to advance different interests. In this space, we will expose the resolved complaints and other actions that we are implementing to shield the port operation in these cases.

PSA Panamá - Camarón Legislativo

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Gantry Cranes

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RTG Cranes

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RMG Cranes

1000+

Collaborators

615

Million

Investment

History of PSA Panama

Timeline

June - 2008

The National Assembly awards the concession to operate the Port in Rodman

Through Law 36 of June 19, 2008, the National Assembly approves the Concession Contract between PSA and the Panamanian State, which authorizes PSA to operate the Port in Rodman.


December - 2010

PSA begins operations

The terminal began operating in 2010, receiving supplies, including iron material, utilized for the expansion of the Panama Canal.

Fuente de la imagen: PSA Panama


December - 2013

PSA informs the Panamanian State of its expansion plans

PSA announces its interest in expanding the operation and adding an additional area of 31 hectares for this purpose.

Fuente de la imagen: Capital Financiero


December - 2013

AMP requests carrying out the PSA application

The Maritime Authority of Panama (AMP) requests the Unidad Administrativa de Bienes Revertidos of the MEF to carry out the necessary procedures to transfer to the AMP the area that would be assigned to the PSA concession.

Fuente de la imagen: La Estrella de Panamá


March - 2014

Agreement between AMP and PSA

AMP and PSA agree to celebrate a Contract Law for the construction and operation of a port terminal, with previous approval from the General Comptroller and of the National Assembly.

Fuente de la imagen: AMP website


April - 2014

Cabinet Council approves Contract Law between AMP and PSA

The Cabinet Council approves through Resolution No. 58 of April 8, 2014 the contract between AMP and PSA, and authorizes the Secretariat of the Presidency to present the bill before the National Assembly, once the Comptroller's Office endorses it.

Fuente de la imagen: Tu Política


June - 2014

General Comptroller reports on concession validity to PIMPSA

The Comptroller's Office informs the AMP that the area under concession to PSA, is still under concession to PIMPSA (former concessionaire of the land). Accordingly, the addendum process must be completed first with PIMPSA to release the assets and then grant them to PSA.

Fuente de la imagen: Panamá Today


June - 2014

Comptroller General makes request to the MEF

The Comptroller's Office, requests the Ministry of Economy and Finance to complete the addendum process with PIMPSA to grant the concession to PSA.

Fuente de la imagen: D Panamá News


October - 2014

Contract Law is endorsed by the Comptroller General

On October 28, the Comptroller's Office endorses the Contract Law A 2005-2014 between the Panamanian State and PSA.

Fuente de la imagen: TVN Noticias


November - 2014

Cabinet Council gives authorization to the Secretariat of the Presidency

The Cabinet authorizes the Minister of the Secretariat of the Presidency to propose to the National Assembly, the bill that approves the Contract A 2005-2014 between the Panamanian State and PSA.

Fuente de la imagen: BL Es News


January - 2015

Approval of the National Assembly

The legislative body, approves in first debate, the Project Law N ° 122 which approves the Contract A 2005-2014 between the Panamanian State and PSA.

Fuente de la imagen: Panama Today


February - 2015

Enactment of Law 2 of 2015

On February 10, Law 2 is passed approving the Contract A 2005-2014, signed between the Panamanian State and PSA.

Fuente de la imagen: Critica


April - 2015

Concession contract between ACP and PSA

ACP and PSA enter into a concession contract on an area adjacent to the land given in concession by the Panamanian State, at the Rodman Base.

Fuente de la imagen: La Estrella de Panamá


April - 2015

A lawsuit is filled with the Attorney General's Office

The lawyer and politician, Miguel Antonio Bernal questions the validity of the MEF resolution which assigns the AMP the use and administration of certain lands to celebrate the Contract Law with PSA. The Anti-Corruption Office, requested the provisional dismissal of the case, which was later confirmed by the Eleventh Criminal Court of Panama.

Fuente de la imagen: TVN Noticias


May - 2015

Expansion of the PSA terminal

PSA began the expansion of the terminal to increase the number of vessels and the cargo volume.

Fuente de la imagen: La Estrella de Panamá


July - 2015

Seeking annulment of Contract A 2005-2014

Alexis Zuleta, former Director of Public Tenders, filed a lawsuit before the Third Chamber of the Supreme Court to annul Contract A-2005-2014, arguing that the AMP didn´t offer a public tender procedure to grant the concession. The Supreme Court ruled in favor of PSA and the case was dismissed, since the concession law doesn´t require a public tender to grant a concession.

Fuente de la imagen: Diario Las Américas


February - 2016

Unconstitutionality lawsuit Presented

Zuleta files a new complaint before the nine judges of the Supreme Court, declaring that the provisions of the Contract Law violated articles of the National Constitution, stating that the National Assembly exceeded its power by approving a contract where the State is a participant. The Supreme Court requested an opinion from the Office of the Comptroller General, which confirmed that the law followed all the required steps and the Assembly only has the right to approve or reject it. The Supreme Court ruled in favor of PSA, stating that the Law Contract is constitutional.

Fuente de la imagen: Agencia EFE


September - 2016

Crispiano Adames urges to repeal Law 2 of 2015

Crispiano Adames, PRD deputy of the National Assembly, introduces Draft Bill No. 39 to repeal Law 2 of February 10, 2015, arguing that the Contract Law was not fully discussed in the Assembly. The Economic Affairs Committee did not discuss the Draft Bill during the last legislative term and it expired.

Fuente de la imagen: Metro Libre


October - 2016

Bill is introduced to repeal Law 2 of February 10, 2015

Irving Ríos, deputy of the National Assembly for the PRD party, introduces Bill No. 81 to repeal Law 2 of February 10, 2015. This project expired since the Economic Affairs Committee did not discuss it.

Fuente de la imagen: Tu Política


March - 2017

Lawyer points out the Contract Law is unconstitutional

Zuleta filed a lawsuit before the Supreme Court stating that the Contract Law has unconstitutional clauses since PSA is entitled to charge commercial rates and decide prices for any importer / exporter to use the terminal. The Attorney General stated that no clause can be understood as a privilege given that the company is providing a service within a commercial framework in a country of free competition. The Supreme Court ruled in favor of PSA, declaring that the clauses of the Contract Law are not unconstitutional.

Fuente de la imagen: La Prensa


July - 2017

Attorneys requested an adjudication investigation

The attorneys Guillermo Cochez and Víctor Martínez filed a complaint with the Attorney General of the Criminal Office to request that the process of awarding the previous and current concession in the Rodman area be investigated, also pointing out a supposed association between PIMPSA and PSA. The case was dismissed considering the allegations used were already tried in previous cases, therefore the Criminal Office dismissed the complaint.

Fuente de la imagen: Elclick.news


August - 2017

Unconstitutionality lawsuit filed

Cochez and Martínez filed an unconstitutionality lawsuit with the Supreme Court, alleging that PSA acquired ownership of a part of national land and that PSA has relations with the State of Singapore. Likewise, they argued that in the Contract Law, a concession is granted to a company in which a foreign government maintains economic interests.

Fuente de la imagen: Judicial Authority


April - 2018

Roberto Ayala introduces "camarón legislativo"

On April 19, 2018, while the Assembly debated Draft Bill No. 53 related to commercial activities in residential areas, the legislator Roberto Ayala, member of the PRD, introduced in this bill, an article that repeals the Contract Law of PSA and the bill was approved by the Assembly without any debate. Article 148 of the Assembly's internal regulation manual stipulates that an unrelated provision is not allowed to be incorporated into a law.

Fuente de la imagen: TVN Noticias


May - 2018

Veto of Bill 53 of 2018

On May 29, 2018, President Juan Carlos Varela vetoed Bill 53 of 2018, which repealed the PSA port concession by objecting, among others, to article 6 of said bill that repealed Law 2 of 2015. The Presidency of the Republic explained that the Constitution, in its Article 276, prohibits the Assembly from issuing laws that repeal or modify income contemplated in the General Budget of the State.

Fuente de la imagen: TVN Noticias


Octubre - 2018

La Comisión de Comercio rechaza el Proyecto de Ley 715

The Supreme Court released a Resolution establishing that they will not admit the unconstitutionality claim submitted jointly by Cochez and Martinez in July 2017. The Resolution was published on October 1, 2018.

Fuente de la imagen: Crítica