economy

Top legal risks for American expatriates in Panama
by Richard Lehman, Attorney

Each year, more Americans are expatriating to Panama to enjoy the country's low cost of living and tropical lifestyle ---- but few realize the country's problematic judicial system puts many Americans in harm's way.

There is often very little recourse for American expatriates in the Panamanian justice system, as it is highly susceptible to bribery and political interference. There's also a very low threshold for filing aggressive legal actions against foreigners, such as arresting persons in advance of a hearing and trial, or attaching preventive injunctions to an individual's entire personal assets. This makes Americans extremely vulnerable in every civil case, regardless of its legitimacy.

International nonprofit groups have confirmed widespread corruption in the Panamanian government and judiciary. Transparency International ranks Panama 94th in the world in its 2007 Corruption Perceptions Index. The Heritage Foundation's 2008 Index of Economic Freedom gives Panama low ratings in two important categories: corruption (31-percent) and property rights (30-percent).

The top five legal risks facing expatriates in Panama are:

1. "Calumnia y Injuria" --- The country's infamous defamation law is open to liberal interpretation and widely misused.

2. "Preventive Injunctions" --- Attorneys can easily file injunctions to freeze personal assets with little due process.

3. "Ex Parte Proceedings" --- It is allowed for one party in a trial or civil suit to meet with judges and prosecutors without the presence of the opposing party and without notifying them in advance.

4. "Preventive Detention" --- Authorities can detain persons for long periods of time without due process.

5. "Corruption" --- Bribery, extortion and political interference are widespread.