Back to Analyses

Panama

Retail_Trading_Status

Gray-Zone High Confidence
Edit
Analysis ID
#755
Version
Archived
Created
2025-12-12 04:59
Workflow Stage
Step 1

Executive Summary

Retail cryptocurrency trading in Panama operates in a legal gray zone; while not explicitly banned, it lacks a finalized regulatory framework following the Supreme Court's unconstitutionality ruling on the previous 'Crypto Bill' (Bill 697). A new legislative effort, Bill No. 247, was introduced in 2025 to regulate Virtual Asset Service Providers (VASPs) and align with FATF standards, but it remains a draft under review. Consequently, no VASP licensing regime exists, and while citizens can freely trade under the constitutional principle of 'monetary freedom,' crypto businesses face significant banking access challenges and operate without specific oversight.

Key Pillars

Superintendency of Banks of Panama (SBP) - Issues risk warnings and oversees banking access for crypto firms
Superintendency of the Securities Market (SMV) - Clarifies that crypto assets are not securities under current law
Financial Analysis Unit (UAF) - Monitors AML compliance, though specific VASP reporting obligations are pending legislation
National Assembly - Currently reviewing Bill No. 247 to establish a formal licensing regime

Landmark Laws

Bill No. 697 (Crypto Law) (Bill 697)
- A comprehensive bill passed in 2022 to regulate crypto use and taxation. It was partially vetoed by the President and later declared unconstitutional by the Supreme Court in 2023 due to separation of powers violations.
- Source

Bill No. 247 (Draft Crypto Law) (Bill 247)
- Introduced in 2025, this draft bill aims to establish a licensing regime for VASPs, mandate FATF-aligned AML/KYC standards, and recognize crypto as a valid payment method. It is currently under legislative review.

Constitution of Panama (Article 262) - Enacted: 1972-10-11
- Establishes 'monetary freedom,' allowing parties to agree on any currency for payment, which provides the legal basis for unregulated crypto use.
- Source

Considerations

Banking Access: Banks are highly risk-averse and often refuse accounts to crypto businesses due to lack of regulation and correspondent banking fears.
Taxation: Panama follows a territorial tax system; capital gains from crypto derived from foreign sources are generally tax-exempt.
Legal Uncertainty: The voiding of Bill 697 leaves the sector without specific consumer protections or corporate clarity until Bill 247 passes.
FATF Compliance: Panama is under pressure to regulate VASPs (Recommendation 15) to avoid re-listing on the FATF gray list.

Notes

Panama's territorial tax system makes it highly attractive for individual crypto investors despite the regulatory uncertainty, as foreign-sourced capital gains are typically tax-free. However, the lack of banking rails is a major practical hurdle.

Remaining Uncertainties

  • Timeline for the final approval and enactment of Bill No. 247.
  • Specific capital requirements and license fees under the proposed new regime.
  • Whether the new law will retroactively apply to existing crypto businesses operating in the gray zone.

Full Analysis Report

As of December 2025, the regulatory status of cryptocurrency in Panama is best classified as a 'Gray-Zone.' This designation stems from the absence of a finalized legal framework despite active legislative attempts and a vibrant, albeit unregulated, market. The primary governing principle remains the country's constitutional 'monetary freedom,' which permits the use of any currency agreed upon by parties. This allows retail trading and the operation of exchanges to proceed legally, but without the protections or clarity of a formal licensing regime.

The regulatory landscape was significantly shaped by the failure of Bill No. 697. Originally passed by the National Assembly in April 2022, the bill sought to make Panama a crypto hub by regulating use, taxation, and DAO operations. However, President Laurentino Cortizo partially vetoed the bill in June 2022, citing Anti-Money Laundering (AML) concerns. The saga concluded in mid-2023 when the Supreme Court of Justice declared the bill unconstitutional, ruling that it violated separation of powers by imposing administrative duties on the executive branch without proper coordination. This ruling effectively reset the regulatory clock to zero.

In response to the legislative void and international pressure from the Financial Action Task Force (FATF), a new proposal, Bill No. 247, was introduced in 2025. This draft legislation aims to correct the constitutional flaws of its predecessor while establishing a clear licensing framework for Virtual Asset Service Providers (VASPs) under the Financial Analysis Unit (UAF). It proposes mandatory AML/KYC protocols and defines crypto assets' legal standing. However, as of late 2025, this bill remains in the legislative process and has not yet been enacted, leaving the sector in a continued state of limbo.

Operationally, this 'Gray-Zone' status presents a mixed environment for retail traders and businesses. While individuals can freely buy, sell, and hold assets, local crypto businesses struggle with basic infrastructure, particularly banking. The Superintendency of Banks of Panama (SBP) has maintained a cautious stance, issuing circulars that warn of risks and clarifying that crypto is not legal tender. Consequently, many local banks refuse to open accounts for crypto-related entities, forcing them to rely on offshore banking or peer-to-peer settlement networks. Until Bill 247 is passed and implemented, Panama remains a jurisdiction of high potential but significant regulatory uncertainty.

Source Evidence

Primary and secondary sources cited in this analysis

Supreme Court Ruling on Bill 697 primary (official_government)
2023-07-14

"The court's order... declares the entire proposed law unconstitutional."

"The activity of exchange, investment, buying and selling... of Bitcoin or any other instrument of equal category, does not have a specific regulation."

1972-10-11

"There is no forced tender currency in the Republic."

2023-07-19

"Judges agree draft law has unconstitutional provisions and was improperly passed."

"The latest legislative initiative — Bill No. 247, introduced in 2025 — seeks to address Panama's current lack of a comprehensive legal framework... However, the bill is still under discussion."

Web Sources (5)

Sources discovered via web search grounding

Search queries used (5)
  • is cryptocurrency legal in Panama 2025
  • Panama crypto regulation status 2024 2025
  • Panama crypto law unconstitutional
  • Panama Supreme Court ruling crypto bill 697
  • Superintendencia de Bancos de Panamá criptomonedas circular 2024
forbes.com

https://www.forbes.com/sites/digital-assets/2025/07/31/panama-crypto-law-aims-to-make-the-country-a-bitcoin-hub/

lightspark.com

https://www.lightspark.com/knowledge/is-crypto-legal-in-panama

legalnodes.com

https://www.legalnodes.com/article/panama-crypto-regulations-insights-for-web3-founders-in-2025

shuftipro.com

https://shuftipro.com/news/panamas-supreme-court-to-declare-cryptocurrency-legislation/

tokenminds.co

https://tokenminds.co/blog/token-sales/panama-crypto-license

Reviews

No reviews yet

Submit Review

Challenge: Disagree with the analysis | Approval: Confirm it's correct | Refinement: Suggest improvements