Panama’s Ministry of the Presidency has issued Executive Decree 245 on November 21, 2022, directing the prompt removal of vessels from the Panama Ship Registry if there are reasonable grounds to believe they are linked to Illegal, Unregulated, and Unreported Fishing activities (IUU), as determined by the Panama Maritime Authority (AMP)’s Directorate General of Merchant Marine. This action is in compliance with Panama’s commitments under the United Nations Convention on the Law of the Sea (UNCLOS).
The decree outlines several measures, including the cancellation of vessels involved in IUU activities, the annulment of navigation-related documents, the denial of ongoing procedures at the Panama Maritime Authority, and the immediate cancellation of Panama-flagged vessels found to be engaged in IUU. Additionally, if a vessel subject to cancellation has mortgages registered, the Directorate General of Merchant Marine will notify and proceed with their cancellation.
The resolution emphasizes the necessity of this legal instrument to strengthen the performance of the Panama Ship Registry. Rafael Cigarruista, director general of the Merchant Marine, states that this aligns with actions already taken for due diligence, purging of the registry, and compliance of the Panamanian fleet.
The Decree explicitly prohibits the registration of vessels linked to IUU in the Merchant Marine of the Republic of Panama. It also restricts ship-to-ship transfers involving Panama-flagged vessels with those whose registrations have been canceled due to IUU activities. Owners, operators, charterers, captains, and crew of Panama-flagged vessels are forbidden from engaging in trade acts through such vessels or any transactions with vessels linked to IUU. Panamanian nationals, persons subject to Panamanian jurisdiction, and entities incorporated within the jurisdiction are prohibited from conducting or supporting business with vessels whose registrations have been canceled by the Panama Maritime Authority’s Directorate of Merchant Marine.
The Executive Decree highlights the role of the Aquatic Resources Authority of Panama (ARAP) as the governing body to ensure compliance and enforcement of national fisheries and aquaculture laws. ARAP is tasked with regulating, promoting, and implementing measures for the rational, sustainable, and responsible use of aquatic resources.
Flor Torrijos, ARAP’s Administrator, states that the decree aligns with President Laurentino Cortizo’s policy of “zero tolerance for illegal, unreported, and unregulated fishing.” The objective is to cleanse the registry of vessels identified as violators or belonging to economic groups described as INDRN.
With the enactment of Executive Decree No. 245 on November 21, 2022, the Panamanian Government affirms its commitment to being a guarantor of the State policy of Zero Tolerance to Unreported and Unregulated fishing.
