Chapter VIII

LAW No. 19
(of June 11, 1997)

Chapter VIII - Final Provisions

Article 122. There shall be extracontractual responsibility for damages to the Authority, its workers, or assets in accordance with common law.

The statute of limitations for the Authority and its workers to claim compensation for damages referred to in the previous paragraph shall be two years. In the case of damages to the Authority, this term shall begin on the date the damages were caused. In the case of damages to the workers, this term shall begin on the date the affected worker learned of said damages.

Should the criminal or administrative action for damages referred to in the previous paragraph be processed in due time, the statute of limitations on the legal action shall be effective on the date of the decision in the criminal action or administrative resolution, whichever the case may be.

For the civil claim to be allowed, it is not indispensable to subject it to the criminal jurisdiction of the courts.

Article 123. The Authority shall be domiciled in Panama City. The Authority may also maintain offices elsewhere in the Republic or in other countries for the sake of convenience.

Article 124. The Authority shall publish an official bulletin to announce the measures it has adopted. It shall include:

  1. The Regulations.
  2. The changes suggested for the tolls rates or the admeasurement system referenced in Article 9 of this Law.
  3. The measures adopted by the Board of Directors or the Administrator.

Article 125. The Authority shall have all the powers, rights, and privileges granted to the State by procedural laws in any judicial action to which it is a party.

Article 126. In no case may a provisional stay be decreed through an administrative action filed with the court against any action of the Authority; nor is it lawful to suspend any action of the Authority appealed under the protection of Constitutional guarantees.

Article 127. Any violation of the provisions of this Law or its Regulations concerning the rules of navigational safety in the Canal shall be punished by the Authority with a fine of up to One Million Balboas (B/.1,000,000). In determining the amount of the fine, the following shall be taken into consideration:

  1. Whether it is an individual or a legal entity.
  2. The nature of the violation and the gravity of the offense.
  3. Recidivism by the violator.
  4. Any mitigating or aggravating circumstances under which the violation was incurred.

The Regulations shall determine the classification of the offenses and the appropriate procedure.

The fines referenced in the present article will be imposed without precluding the civil or criminal responsibilities that may arise from the penalized actions.

Article 128. An unpaid fine shall be assessed a surcharge of one percent (1%) for every 10 working days of late payment. The Authority may collect the unpaid fine and any accumulated surcharges through an executory proceeding.

Chapter IX Temporary Provisions