May, 27 2009, 02:06pm EDT
For Immediate Release
Contact:
Phone: (202) 223-4975,Email:,coha@coha.org
Free Trade With Panama: Some Winners and Some Losers
-Will the pact work for the average Panamanian and what’s in it for the elite and U.S. Agro-Industry
WASHINGTON
convened in order to address a number of controversial issues that have
sprung up regarding the pending U.S. free trade agreement (FTA) with
Panama. Following the hearing, U.S. Trade Representative for Western
Hemisphere Affairs Everett Eissenstat announced that President Obama
would consult with U.S. lawmakers before sending the controversial FTA
to Congress for approval.
In early March, the Office of the U.S. Trade Representative (USTR)
issued a statement of intent, indicating that it would move on the
pending Panama Free Trade Agreement "relatively quickly." However, a
number of road blocks, including strong U.S. labor opposition and
concerns over Panama's classification as a tax haven, are currently
holding up the FTA's ratification in the U.S. Congress.
The Free Trade Agreement, which has been re-branded as a "Trade
Promotion Agreement (TPC)," in order to distance itself from the
controversy surrounding other FTAs, was signed by the Bush
administration on June 28, 2007. The accord was passed by Panama's
assembly the following month, in what some have called a rushed and
non-transparent process. Critics attacked the legislation on grounds
that no Spanish version of the agreement had been made available, and
that members of civil society who were known to be opposed to the pact
were not given adequate time to review and comment on the text. The
opposition within Panama has been made up of a mixed bag of labor
unions, farmer groups, leftist politicians and progressive church
voices, who, according to one Panamanian reporter, developed their own
meaning for the acronym TPC: "Todo Panama Colonizado" (All of Panama
Colonized).
Nevertheless, both the Torrijos government and now the
president-elect of Panama, Ricardo Martinelli, have been pushing hard
to get the agreement ratified before those who oppose the trade pact on
human rights grounds are able to block its passage on the Hill.
Torrijos has expressed his desire to see the accord passed before he
leaves office on July 1. While some trade specialists are convinced
that the U.S.-Panama FTA will pass the U.S. Congress, a number of
highly regarded analysts think to the contrary. According to Eric
Jackson of Panama News, "I would expect this treaty to die,
but I also expect talks about a new proposal to eventually take place
between the Obama and Martinelli administrations. Those would not be
easy negotiations."
The Panamanian government has insisted that none of the issues
holding up the FTA in Congress are, in its eyes, legitimate concerns.
Talking with Reuters, Martinelli's top economic advisor Frank de Lima
claimed that the "perception that Panama is a tax haven is totally
false." He went on to assert that Panama respects labor rights and
collective bargaining. However, a growing body of evidence increasingly
points to the contrary.
Panama's Phantom Economy
For decades, Panama has adjusted its laws and regulations in order to
ensure that its 'business climate' is one of the most competitive in
the world. On the other hand, critics maintain that such regulation
offers a number of opportunities for foreign companies interested in
dodging fair taxes, exploiting malleable labor regulations, and taking
advantage of shrouded financial transparency. Panama's level of Foreign
Direct Investment (FDI) has skyrocketed since legislation was passed in
1992 which established "Export Processing Zones (EPZs)" in a number of
locations across the country. Companies from all over the world are
welcome to establish factories in these zones for "light manufacturing,
assembly, high technology, and specialized and general services."
Companies operating there are exempt from all taxation on imports and
exports, sales tax, and imports on capital and assets. In addition,
EPZs are free from all restrictive national labor and immigration
standards. Instead, they are allowed to operate under provisions which
are "more favorable [to foreign companies] than the current Panamanian
Labor Code."
Since Public Citizen released a report in April 2009
highlighting the country's banking secrecy rules and lax financial
regulations, there has been much circulation in the media concerning
Panama's status as a top tax haven. All foreign corporations conducting
business in Panama are exempt from national taxes, making the country a
"100 percent tax haven," according to the report. It comes as no
surprise that over 350,000 foreign-registered companies nominally
operate from Panama, and $25 billion of U.S. investment already has
been sunk into the country, according to the U.S. State Department.
In addition to tax incentives, Panamanian law also makes it easy for
multinational corporations to "cook the books." According to the Public Citizen
report, "Panama has one of the world's most restrictive information
exchange regimes," which allows the country to withhold information
even within the framework of a criminal investigation. Moreover,
extremely strict slander laws known as "Calumnia Y Injuria" rules can
be used to arrest journalists for reporting facts and figures, if they
do not reflect well on business interests. This lack of transparency,
coupled with a lenient regulatory system governing the country's
banking and financial sectors, enables corporations to "conceal their
financial losses and engage in off-balance sheet activities." Evidence
also links Panama's Colon Free Zone (CFZ) with trafficking of narcotics
and other illicit substances, in addition to off-shore activities
carried on by foreign corporations. Panama's CFZ, which is the second
largest free trade zone in the world, provides a centrally located
"transit area for drugs and related money laundering," activities
moving up through Mexico to its northern border, according to the
International Monetary Fund.
The illicit matters have grown even more controversial since the
G-20's recent conference decided to crack down on tax havens and step
up financial regulation as key steps toward global financial recovery.
Various U.S. government bodies estimate that closing global tax havens
would save U.S. taxpayers between $210 Billion and $1 Trillion over the
next decade.
A free trade agreement with Panama, argues Public Citizen,
would actually hinder efforts on the part of the US government to crack
down on tax evasion and money laundering in Panama. The proposed FTA
contains provisions that forbid cross-border regulations on financial
transactions between the U.S. and Panama, and would provide
subsidiaries operating in Panama enhanced "investor rights," enabling
them to challenge any attempt by the U.S. government to monitor or
limit financial transactions. In the words of Lori Wallach, director of
Global Trade Watch: "Members of Congress wouldn't vote to let AIG not
pay its taxes or to give Mexican drug lords a safe place to hide their
proceeds from selling drugs to our kids, but that's in essence what the
Panama FTA does."
Bad News for Labor
According to U.S. Trade Representative Ron Kirk, who has been straining
to get safe passage for the Panama trade measure during his short time
in this position, Panama has made "very good progress" on labor issues
hindering U.S. approval of a free trade agreement. Kirk and others
point to the fact that the agreement incorporates the policies of the
"New Trade Policy for the Americas (TPA)." This provision contains the
same labor and environmental protections which were added to the
recently enacted US-Peru FTA. However, in Peru such punative
protections failed to guard labor or the environment from being scaled
back and hassled as result of its FTA being enacted. Additionally, the
U.S. Labor Advisory Committee stated in its report that the labor
stipulations in the Panama FTA "will not protect the fundamental human
rights of workers in either country." Although the FTA makes reference
to the UN International Labor Organization's Fundamental Principles and
Rights at Work Declaration, it contains no provisions that would force
the signatories to strictly implement the UN's labor standards.
Further, the agreement does not prevent Panama from "weakening or
reducing the protections afforded in domestic labor laws" in any future
effort it may make to "encourage trade or investment."
The U.S.-Panama FTA contains only one enforceable labor provision: a
requirement for the government to adhere to its own labor laws.
Unfortunately, there is a significant canard involved in this language.
Panama's labor track record is not entirely clean; in August 2007 two
construction union members were assassinated while demonstrating for
worker rights. Furthermore, if existing labor laws are broken, the
FTA's "dispute settlement system," set in place to uphold these
standards, serves as little more than window-dressing. The maximum
government fine is capped at $15 million, which amounts to about
one-tenth of one percent of total US-Panama trade in 2006.
Additionally, these funds, in the unlikely circumstance that they ever
will be collected, are paid a "joint commission to improve labor rights
enforcement," which in turn could be easily funneled back into
Panamanian government's coffers.
Given that the Panamanian labor code does not even apply in Export
Processing Zones, and in conjunction with the fact that approximately
two-thirds of Panamanian workers operate in the informal economy, the
remedial power of any labor provisions that might be included in the
agreement would be severely limited. This FTA will ultimately exonerate
the signatories from meeting an acceptable human rights standard.
Agriculture Markets and Rural Poverty
In addition to labor and tax issues, the FTA will inevitably have the
effect of slowly eroding the protections that Panama has worked to
maintain in its most vulnerable economic sectors. Due to a number of
existing regional trade agreements, Panamanian products already enter
the United States duty free. The pending FTA, according to the State
Department's Charles S. Shapiro, would simply "reduce [Panama's]
tariffs on products imported from the United States." Aware of the
dangers associated with the FTA's role in opening the country up to the
behemoth U.S. economy, Panama's negotiators were able to reserve some
protections for the country's developing sectors, specifically
agriculture. This relatively young sector not only employs 17% of the
country's labor force, but also supports 40% of the country's rural
population, according to the US Congressional Research Service. Thus,
the Panamanian government has argued that opening the country's markets
to U.S. agricultural goods, which are subsidized by the government and
produced on a much greater scale than its more protective partner,
would be "highly detrimental to the social structure of the rural
economy, leading to increased unemployment, poverty, and urban
migration."
Despite the fact that "agriculture was one of the most sensitive
issues for Panama," its officials failed to reach lasting and effective
compromises in order to protect their markets from U.S. incursion. The
FTA immediately eliminates tariffs on over 60 percent of U.S.
agricultural exports to Panama, with most remaining tariffs to be
gradually eliminated over a period of 15 years or less. Two key
products: locally-grown rice (which currently supplies over 90% of
Panama's domestic demand) and sugar (which presently accounts for a
third of Panama's agricultural exports, as well as 41percent of its
agricultural exports to the United States), will retain limited
protections in the short-term. However, as tariffs are slowly lifted
over a fixed period of years, Panama could lose the "relatively high
wage rates" that it currently enjoys in these sectors.
According to the congressional report, this phase-out period would
"buy time for Panama to develop its nontraditional export crops, such
as melons, palm oil, and pineapples, which some view as the future of
this sector." Unfortunately, these are precisely the crops that the
rest of Central America already exports to the U.S. at bottom-barrel
prices. Thus, Panama, under this new regime, would be forced to join
the regional 'race to the bottom' in order to ensure competitive prices
for its products on the global market. The impact on Panama's rural
poor could be debilitating. In addition, Panama's already spotty social
safety net stands to suffer as the global economic partnership
involving Panama develops. In a bid to attract foreign investment,
President-elect Martinelli has committed his government to "massive
infrastructure spending in partnership with foreign investors,"
according to Reuters. This spending is not likely to benefit the
approximately one third of Panama's population currently living below
the poverty line in the country's rural areas. Already, very little
public spending is allocated to this demographic. The World Bank has
identified sharp geographical inequities in health care and education
spending, which disproportionately benefits the urban upper and middle
classes far more than the rural poor and indigenous populations. This
trend will likely worsen with a free trade agreement that opens
Panama's agriculture markets to fierce competition and commits further
government revenue to the country's urban commercial centers.
In short, the U.S.-Panama free trade agreement inevitably will be a
bonanza for big business. It would contribute to the elimination of
many inconvenient hurdles that cut down on corporate profits, such as
labor regulations, taxes, and fair-minded market signposts. A far
larger portion of the population could lose out under the FTA including
those who benefit from these protections, such as workers in both
countries, poverty-stricken Panamanian farmers, and the American
taxpayer. As a battle between corporate interests and civil society
ensues in the U.S. Congress, a parallel struggle to sway public opinion
is taking place in the media. However, whichever way the decision
falls, a lasting solution to global economic ills is unlikely without a
fundamental shift in the way the United States conducts its business in
developing countries.
This analysis was prepared by Research Fellow Mary Tharin
May 27th, 2009
Founded in 1975, the Council on Hemispheric Affairs (COHA), a nonprofit, tax-exempt independent research and information organization, was established to promote the common interests of the hemisphere, raise the visibility of regional affairs and increase the importance of the inter-American relationship, as well as encourage the formulation of rational and constructive U.S. policies towards Latin America.
LATEST NEWS
'We Will Not Accept This Intimidation,' Mamdani Says of Trump Threat to Arrest Him
"That Trump included praise for Eric Adams in his authoritarian threats is unsurprising, but highlights the urgency of bringing an end to this mayor's time in City Hall," said the New York City mayoral candidate.
Jul 01, 2025
Democratic New York City mayoral candidate Zohran Mamdani made clear on Tuesday that he would not be intimidated by Republican U.S. President Donald Trump's threat to arrest him.
A journalist who falsely described Mamdani—a democratic socialist—as a "communist" asked Trump about the candidate's pledge not to cooperate with U.S. Immigration and Customs Enforcement (ICE), whose agents are working to carry out the president's promised mass deportations.
"Well then, we'll have to arrest him," said Trump, a former New Yorker who has taken aim at Mamdani since his victory in last Tuesday's Democratic primary. "Look, we don't need a communist in this country."
Mamdani, who currently serves in the New York State Assembly, was born in Uganda to Indian parents and moved to NYC as a child. He was naturalized as a U.S. citizen in 2018. Throughout his campaign, the 33-year-old has faced numerous Islamophobic attacks, and after his primary win, Congressman Andy Ogles (R-Tenn.) urged the Trump administration to target him with "denaturalization proceedings," in line with a broader effort at the Department of Justice (DOJ).
Trump said Tuesday that his administration would be watching Mamdani "very carefully." The president, a well-documented liar, added that "a lot of people are saying he's here illegally—you know, we're gonna look at everything... and ideally he's gonna turn out to be much less than a communist, but right now he's a communist, that's not a socialist."
Trump also blasted Congressman Alexandria Ocasio-Cortez (D-N.Y.), a supporter of Mamdani, and praised the city's current mayor, Eric Adams, who is seeking another term as an Independent. After Trump returned to office in January, the DOJ instructed prosecutors to drop federal corruption charges against Adams, triggering widespread outrage over the attempted "illegal quid pro quo," as some critics called it.
Responding to Trump's remarks in a lengthy statement, Mamdani said Tuesday that "the president of the United States just threatened to have me arrested, stripped of my citizenship, put in a detention camp, and deported. Not because I have broken any law, but because I will refuse to let ICE terrorize our city."
"His statements don't just represent an attack on our democracy but an attempt to send a message to every New Yorker who refuses to hide in the shadows: If you speak up, they will come for you," Mamdani continued. "We will not accept this intimidation."
"That Trump included praise for Eric Adams in his authoritarian threats is unsurprising, but highlights the urgency of bringing an end to this mayor's time in City Hall," he asserted, directing attention to the GOP budget bill advanced by the U.S. Senate on Tuesday.
Mamdani said that "at this very moment, when MAGA Republicans are attempting to destroy the social safety net, kick millions of New Yorkers off of healthcare, and enrich their billionaire donors at the expense of working families, it is a scandal that Eric Adams echoes this president's division, distraction, and hatred. Voters will resoundingly reject it in November."
In addition to Mamdani and Adams, the general election candidates are Republican Curtis Sliwa, Independent Jim Walden, and disgraced former New York Gov. Andrew Cuomo, who is now running as an Independent after losing the Democratic primary. According to results released Tuesday, Mamdani got 56% of the vote compared to Cuomo's 44%.
Keep ReadingShow Less
Senators Demand Answers About 'Reckless' Trump Admin Use of AI Social Security Chatbot
Artificial intelligence systems, the four senators argue, "represent a troubling pattern that if continued, would significantly impede Americans' ability" to access their benefits.
Jul 01, 2025
Four U.S. senators—three Democrats and Vermont Independent Bernie Sanders—demanded answers Tuesday from the Trump administration about its "reckless rollout" of artificial intelligence chatbot technology into phone systems "that have blocked people from accessing their earned Social Security benefits."
"These AI programs, which the agency deployed with little consultation with Congress, advocates, or other key stakeholders, appear to have been developed in haste and represent a troubling pattern that if continued, would significantly impede Americans' ability to access their Social Security and Supplemental Security Income (SSI) benefits," the senators said in a letter to Social Security Administration (SSA) Commissioner Frank Bisignano.
While Sanders, Senate Finance Committee Ranking Member Ron Wyden (Ore.), and Sens. Elizabeth Warren (Mass.) and Kirsten Gillibrand (N.Y.) acknowledged that "AI can be a helpful tool to simplify some workloads," they contended that artificial intelligence "is not a panacea for all challenges facing SSA."
The letter continues:
SSA is entrusted with ensuring accurate and timely payment of mtore than $1 trillion in Social Security and SSI benefit payments to over 73 million seniors, individuals with disabilities, and their families each year. Considering the agency's important mission, it is critical that SSA is responsibly deploying any technology system, including AI. For example, whether incorporating newer technology like generative AI to improve customer experience and increase efficiency or leveraging predictive AI to provide disability examiners support in the disability determination process, it is critical that SSA meaningfully engage stakeholders, including its customers and employees, the advocacy community, and members of Congress, throughout the entire process to avoid harm to claimants and beneficiaries.
"The agency's hasty AI rollouts on its national 1-800 number phone system and the phone system for its 1,200 field offices, which resulted in significant impediments for Americans simply trying to access their earned benefits, demonstrate our concern," the senators wrote. "In April, SSA announced it would be deploying an anti-fraud AI algorithm to verify the identity of callers seeking to file for benefits on its national 1-800 number, arguing—without providing any evidence—that its telephone service was rife with fraud."
"However," the lawmakers noted, "the proposal was scrapped shortly after implementation after the system found it identified two claims out of over 110,000 as potentially fraudulent. Moreover, the new program slowed claim processing by 25% and led to a 'degradation of public service.'"
The senators are asking Bisignano to:
- Provide a detailed description of the new AI-based chatbot, including how it determines whether it has successfully answered a caller's questions before hanging up;
- Describe which metrics is SSA using to determine whether this AI-based chatbot is successful at improving service delivery at the national 1-800 number;
- Explain the metrics SSA used to evaluate the successes or challenges of this AI-based chatbot before rolling it out nationwide to field offices;
- Disclose which stakeholders, especially those who represent beneficiaries and employees, were consulted pre- and post-deployment of this AI-based chatbot;
- Explain whether SSA is planning to procure, develop, or implement any new AI systems this year; and
- If the answer to the above question is yes, list and provide a detailed description of these AI systems.
The AI rollout is part of Bisignano's "technology agenda" to boost productivity at SSA amid staffing and other cuts implemented by the Trump administration and its Department of Government Efficiency, or DOGE. In February, SSA announced its intent to fire 7,000 workers, or about 12% of its historically low staff.
Many SSA staffers also resigned, including nearly half of the agency's senior executives. This has adversely affected SSA beneficiaries. An analysis published last week by the Center on Budget and Policy Priorities revealed that one SSA staff member must now serve 1,480 beneficiaries—over three times as many as in 1967.
Last week, Warren sent a letter to Bisignano—who one advocacy group described as "a Wall Street CEO with a long history of slashing the companies he runs to the bone"—accusing him of misleading the public about longer beneficiary wait times resulting from the Trump administration and DOGE taking a "chainsaw to Social Security."
Keep ReadingShow Less
House to Take Up GOP Megabill Serving 'Oil Company CEOs, Hedge Fund Donors, and Climate Deniers'
"Senate Republicans advanced the most anti-environment, anti-job, and anti-American bill in history," said one campaigner.
Jul 01, 2025
After U.S. Senate Republicans on Tuesday sent President Donald Trump's so-called "Big Beautiful Bill" back to the House of Representatives, defenders of the planet sounded the alarm on several provisions that remain in the massive budget reconciliation package.
"This is a vote that will live in infamy," said Greenpeace USA deputy climate program director John Noël after Vice President JD Vance broke a tie to advance the legislation. "This bill is what happens when a major political party, in the grips of a personality cult, teams up with oil company CEOs, hedge fund donors, and climate deniers. All you need to do is look at who benefits from actively undercutting the clean energy industry that is creating tens of thousands of jobs across political geographies."
"The megabill isn't about reform—it's about rewarding the superrich and doling out fossil fuel industry handouts, all while dismantling the social safety nets on which millions depend for stability," Noël added. "It is a bet against the future."
Although Sen. Mike Lee's (R-Utah) provision to force the sale of public lands as well as a proposed excise tax on wind and solar projects were removed, other controversial policies survived, including required onshore and offshore fossil fuel lease sales, mandates for timber harvesting, the recision of various Inflation Reduction Act funding, an end to a moratorium on new coal leasing, and attacks on clean energy.
"Make no mistake, while the Senate did not include a punitive new excise tax on wind and solar projects, the bill is still devastating for the clean energy transition," warned Union of Concerned Scientists (UCS) president Gretchen Goldman. "The bill would spike energy costs, threaten energy reliability, and strand hundreds of billions of dollars in clean energy and transportation investments along with the tens of thousands of domestic jobs that come with them. The provisions attacking clean energy and clean transportation are not about the budget, but rather Congress using the budget bill to boost fossil fuels by crushing these booming new industries."
Sierra Club executive director Ben Jealous declared that "today, Senate Republicans advanced the most anti-environment, anti-job, and anti-American bill in history."
"This shortsighted plan will put lives at risk, endanger our growing economy, and raise electricity rates on families and small businesses," he said. "The proposal expands drilling on public lands and in the Arctic, guts cost-cutting clean energy investments and the thousands of stable jobs they've created, and includes massive giveaways to corporate polluters and the very wealthiest Americans."
Jealous celebrated that public outrage led to the federal land sales and excise tax provisions getting axed, but added that "even with those important changes, a terrible bill is still a terrible bill, and this proposal fails the American people in every measure."
Margie Alt, director of the Climate Action Campaign, also highlighted how the legislation—if signed into law—will benefit rich individuals and corporations while causing working-class Americans to lose their jobs and pay higher energy bills.
"The Senate has turned its back on our clean energy future, raising our utility bills while mortgaging our health and environment to deliver massive tax breaks for billionaires," Alt said. She warned of job losses and increased climate pollution, meaning "kids will struggle with asthma and other respiratory problems. And, more people will suffer from devastating extreme weather catastrophes."
Manish Bapna, president of the Natural Resources Defense Council, similarly said that "with spiking power demand and rising bills, we need more clean, affordable American energy, but Senate Republicans just voted to kill jobs and deliver the largest utility bill increase in U.S. history."
"Every senator who voted for this bill chose tax cuts for the wealthiest over the rest of our health, pocketbooks, public lands and waters, and a safe climate," Bapna argued. "This is like Robin Hood in reverse. The very rich will get richer and the rest of us will have to pay the price."
After 27 hours, Republicans passed their Big Ugly Bill—a catastrophic assault on health care, food, and climate.They chose Trump and billionaires over families and our future.This fight isn't over. Now it’s the House’s turn to stop it.We can't agonize—we must organize.
[image or embed]
— Senator Ed Markey (@markey.senate.gov) July 1, 2025 at 1:22 PM
The bill not only "will race us toward climate catastrophe" while giving tax breaks to the wealthy, said Lisa Gilbert, co-president of the watchdog Public Citizen, it also "steals assistance from vulnerable Americans, the bill would supercharge Trump's barbaric mass deportation policy, and throw an extra $150 billion at Pentagon contractors."
"Any member of Congress with a conscience knows that this bill must not become law," she added. "It's time for the House to stand up to President Trump and vote against it."
The GOP-controlled House had already passed a version of the megabill before every Senate Republican but Sens. Susan Collins (Maine), Rand Paul (Ky.), and Thom Tillis (N.C.) advanced the latest edition on Tuesday. Now, the lower chamber's leaders plan to take up the new version in hopes of sending it to Trump's desk by his July 4 deadline.
"House members got it wrong the first time but have another chance now to do their jobs," said Goldman of UCS. "They must reject this bill, voting with their constituents in mind, not simply to avoid the ire of the president."
Keep ReadingShow Less
Most Popular