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Panama

Retail_Trading_Status

Allowed-Unregulated Unknown
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Analysis ID
#88
Version
Archived
Created
2025-04-12 06:45
Workflow Stage
Live

Executive Summary

Panama currently permits retail cryptocurrency trading in an Allowed-UnRegulated environment. While there is no specific legal framework prohibiting individuals from engaging with crypto assets, nor is there a comprehensive regulatory regime designed for cryptocurrency activities. Past efforts to regulate, such as Bill No. 697, were ultimately unsuccessful due to AML/CFT concerns and legal challenges. A new draft bill is currently under review in the National Assembly, however, the current status remains 'Allowed-UnRegulated'.

Key Pillars

  • Primary Regulator Approach: The Superintendency of Banks (SBP) and the Superintendence of the Securities Market (SMV) have stated that cryptocurrencies fall outside their regulatory competence.
  • Core Compliance Requirements: General financial laws, particularly those concerning AML/KYC, may apply to businesses involved in crypto activities, but the government does not impose specific AML or KYC requirements for crypto businesses.
  • Licensing/Registration: A license is not required to carry out cryptocurrency-related activities.

Landmark Laws

  • Bill No. 697 (April 2022): Aimed to regulate the commercialization and use of crypto assets, permit their use as a means of payment, regulate VASPs, and allow tax payments in crypto. Partially vetoed in June 2022, amended in October 2022, referred to the Supreme Court in January 2023, and declared unconstitutional in July 2023.

Considerations

  • Cryptocurrencies are not considered legal currency or securities by the Superintendency of Banks (SBP) and the Superintendence of the Securities Market (SMV).
  • Panama's territorial tax system, which generally does not tax foreign-sourced income, makes it attractive for international crypto traders.
  • Despite the lack of regulation, individuals and legal entities in Panama can freely agree to use crypto assets as a means of payment for any legal transaction.
  • Panamanian banks have reportedly been hesitant to open accounts for companies whose primary business involves cryptocurrencies, citing risks and potential issues with correspondent banks.

Notes

  • In 2018, the Superintendency of Banks (SBP) and the Superintendency of the Securities Market (SMV) stated that cryptocurrencies fall outside their regulatory competence.
  • The Supreme Court declared Bill No. 697 unconstitutional in July 2023 based on procedural grounds.
  • A new draft bill was introduced in late March 2025, aiming to recognize cryptocurrencies as valid payment methods, establish licensing for VASPs, enforce KYC/AML compliance, and promote blockchain use in public administration.
  • There are conflicting views on whether specific governmental AML/KYC requirements are imposed for crypto activities, with some sources suggesting no specific requirements, while others note that existing stringent AML/KYC requirements may still apply.

Detailed Explanation

Panama permits retail cryptocurrency trading but lacks a specific regulatory framework. While individuals can buy, sell, and hold cryptocurrencies, there are no dedicated laws governing crypto activities or Virtual Asset Service Providers (VASPs). Historically, Bill No. 697, passed by the National Assembly in April 2022, aimed to regulate crypto commercialization, allow its use for payments (even taxes), and regulate VASPs. However, President Cortizo partially vetoed the bill in June 2022 due to AML/CFT concerns related to FATF recommendations. Although the National Assembly overrode this veto and amended the bill in October 2022, President Cortizo referred the revised law to the Supreme Court in January 2023. The Supreme Court declared the law unconstitutional in July 2023, citing procedural irregularities in the amendments, thus reverting Panama to its previously unregulated state. Key financial regulators, the Superintendency of Banks (SBP) and the Superintendence of the Securities Market (SMV), stated in 2018 that cryptocurrencies fall outside their regulatory competence and are not considered legal currency or securities. This absence of specific regulations places crypto operations in a legal "grey area." While no explicit crypto regulations exist, general financial laws, especially those related to AML/KYC, may apply to businesses involved in crypto. Law firms and consultants suggest that exchange and wallet service providers could be subject to Panama's AML/KYC requirements, creating uncertainty. Some sources, however, state that the government does not impose specific AML/KYC requirements for crypto activities but recommends compliance with regulations in jurisdictions where the companies operate. The SBP expects regulated financial institutions to exercise due diligence concerning crypto transactions to prevent illicit activities. Banks in Panama are reportedly hesitant to open accounts for crypto-related businesses due to associated risks. Despite the lack of regulation and associated risks, individuals and legal entities can use crypto assets as payment for legal transactions. Panama's territorial tax system is attractive to international crypto traders because foreign-sourced income is generally not taxed. A new draft bill was introduced in late March 2025 aiming to recognize cryptocurrencies as voluntary payment methods, establish licensing for VASPs under the Financial Analysis Unit (UAF), enforce KYC/AML compliance per FATF standards, and promote blockchain use in public administration. This bill is currently under review and not yet enacted. Therefore, the current status remains Allowed-UnRegulated.

Summary Points

Here's a bullet-point summary of the Retail Cryptocurrency Trading Status in Panama, based on the provided report:

I. Overall Regulatory Status:

  • Allowed-Unregulated: Retail trading of cryptocurrencies (buying, selling, holding) is permitted in Panama due to the absence of specific prohibitions. However, there is no comprehensive regulatory framework specifically designed for cryptocurrency activities or Virtual Asset Service Providers (VASPs).

II. Key Regulatory Bodies & Their Roles:

  • Superintendency of Banks (SBP):
    • Has stated (in non-binding opinions from 2018) that cryptocurrencies are outside its regulatory competence.
    • Expects regulated financial institutions to apply due diligence regarding crypto transactions to prevent illicit use.
  • Superintendence of the Securities Market (SMV):
    • Has stated (in non-binding opinions from 2018) that cryptocurrencies are not considered legal currency or securities.
    • Has stated that activities like crypto exchange do not constitute regulated FOREX activity.
  • Financial Analysis Unit (UAF):
    • Under the new draft bill, VASPs would be mandated to register with the UAF.

III. Important Legislation & Regulations:

  • Failed Bill No. 697 (April 2022):
    • Aimed to regulate crypto commercialization and use, permit crypto payments, regulate VASPs, and allow tax payments in crypto.
    • Partially vetoed by the President due to AML/CFT concerns.
    • Veto overridden by the National Assembly, but the revised law was referred to the Supreme Court.
    • Declared unconstitutional by the Supreme Court in July 2023 on procedural grounds.
  • New Draft Bill (March 2025):
    • Status: Under Review - Not Enacted
    • Aims to:
      • Recognize cryptocurrencies (BTC, ETH, stablecoins) as valid, voluntary payment methods.
      • Establish licensing requirements for VASPs.
      • Mandate KYC/AML compliance for VASPs in line with FATF standards.
      • Promote blockchain use in public administration.
  • General Financial Laws (AML/KYC):
    • May apply to businesses involved in crypto activities, creating a complex and uncertain landscape.
    • Some sources suggest no specific governmental AML/KYC requirements are imposed for crypto activities, but recommend companies implement internal policies to comply with regulations in the jurisdictions they serve.

IV. Requirements for Compliance:

  • AML/KYC:
    • While no specific crypto regulations exist, companies offering exchange or wallet services may be subject to Panama's existing stringent AML/KYC requirements.
    • Panamanian banks are reportedly hesitant to open accounts for crypto businesses due to risks and potential issues with correspondent banks.
    • Setting up formal structures like a Panama Foundation involves standard KYC/AML procedures.
  • Due Diligence:
    • Regulated financial institutions are expected to apply due diligence regarding crypto transactions to prevent illicit use.

V. Notable Restrictions or Limitations:

  • Lack of Specific Regulation: Crypto operations exist in a legal "grey area" due to the absence of specific regulations.
  • Hesitancy from Banks: Panamanian banks are reportedly hesitant to open accounts for companies whose primary business involves cryptocurrencies.
  • Consumer Protection: Lack of specific regulation leads to a lack of consumer protection mechanisms tailored to crypto assets.

VI. Recent Developments or Changes:

  • Failure of Bill No. 697: The Supreme Court's ruling against Bill No. 697 in July 2023 reverted Panama to an unregulated state.
  • Introduction of New Draft Bill (March 2025): A new bill is under review in the National Assembly, aiming to regulate cryptocurrencies and establish a legal framework for blockchain-based services.

Full Analysis Report

Report: Retail Cryptocurrency Trading Status in Panama

Date: April 12, 2025

Topic: Retail_Trading_Status

Description: Assess whether individual citizens and residents in the country are legally permitted to buy, sell, and hold cryptocurrencies. Detail the regulatory environment surrounding this activity (e.g., KYC/AML requirements imposed on platforms, general warnings issued).


1. Current Status: Allowed-UnRegulated

2. Detailed Narrative Explanation:

Panama currently permits retail trading (buying, selling, holding) of cryptocurrencies, but operates largely within an unregulated environment. There is no specific legal framework prohibiting individuals from engaging with crypto assets, nor is there a comprehensive regulatory regime specifically designed for cryptocurrency activities or Virtual Asset Service Providers (VASPs) like exchanges or wallet providers [4, 8, 18].

Historically, there have been significant attempts to regulate the sector. In April 2022, Panama's National Assembly passed Bill No. 697, which aimed to regulate the commercialization and use of crypto assets, permit their use as a means of payment between consenting parties, regulate VASPs, and even allow tax payments in crypto [15, 22]. However, President Laurentino Cortizo partially vetoed the bill in June 2022, primarily citing concerns that it did not adequately address Anti-Money Laundering (AML) and Counter-Financing of Terrorism (CFT) standards aligned with Financial Action Task Force (FATF) recommendations [10, 17, 23]. The National Assembly overrode the veto and passed an amended version in October 2022, but President Cortizo subsequently referred this revised law to the Supreme Court in January 2023 [10, 24]. In July 2023, the Supreme Court declared the entire proposed law unconstitutional, based on procedural grounds – specifically, that the legislature had improperly amended parts of the bill beyond the scope of the presidential objections [10].

As a result of this legislative failure, Panama reverted to its previous state of having no specific crypto regulations. Key financial regulators, the Superintendency of Banks (SBP) and the Superintendence of the Securities Market (SMV), have previously stated (in non-binding opinions from 2018) that cryptocurrencies fall outside their regulatory competence, are not considered legal currency or securities, and that activities like crypto exchange do not constitute regulated FOREX activity [4, 8]. This leaves crypto operations in a legal "grey area" [3, 18].

While specific crypto regulations are absent, general financial laws, particularly those concerning AML/KYC, may still apply to businesses involved in crypto activities. Law firms and consultants note that companies offering exchange or wallet services might be subject to Panama's existing stringent AML/KYC requirements, creating a complex and uncertain landscape for businesses [3, 4, 13]. Some sources suggest no specific governmental AML/KYC requirements are imposed for crypto activities, but recommend companies implement internal policies to comply with regulations in the jurisdictions they serve [6]. Setting up formal structures like a Panama Foundation, however, does involve standard KYC/AML procedures [19]. The SBP has also indicated that while crypto is outside its direct scope, it expects regulated financial institutions to apply due diligence regarding crypto transactions to prevent illicit use [16, 26]. Panamanian banks have reportedly been hesitant to open accounts for companies whose primary business involves cryptocurrencies, citing risks and potential issues with correspondent banks [28].

Despite the lack of regulation and associated risks (like lack of consumer protection) [3, 13, 21], individuals and legal entities in Panama can freely agree to use crypto assets as a means of payment for any legal transaction [2, 15, 17]. Panama's territorial tax system, which generally does not tax foreign-sourced income, makes it attractive for international crypto traders [3, 18].

Most recently, in late March 2025, reports emerged of a new draft bill being introduced or unveiled in the National Assembly [5, 9, 14]. This new proposal reportedly aims to:
* Recognize cryptocurrencies (like BTC, ETH, stablecoins) as valid, voluntary payment methods (not legal tender) between consenting parties.
* Establish licensing requirements for VASPs, mandating registration with Panama's Financial Analysis Unit (UAF).
* Enforce KYC/AML compliance for VASPs in line with international standards (FATF).
* Promote blockchain use in public administration.
This new bill is currently under review and has not been enacted into law [5, 9].

Therefore, the current status remains Allowed-UnRegulated. Retail trading is permitted by default due to the absence of prohibition, but it occurs without a specific regulatory framework, licensing, or consumer protection mechanisms tailored to crypto assets, although efforts to introduce regulation are ongoing.

3. Relevant Text Excerpts:

  • On the lack of specific regulation (Post-Bill 697 failure): "Consequently, Panama remains a grey market for cryptocurrencies, with no clear regulatory framework. Both the Superintendence of Banks of Panama (SBP) and the Superintendence of the Securities Market (SMV) have stated that they do not supervise cryptocurrencies, leaving crypto exchanges and wallets without a designated regulator." [18] (MK Fintech Partners, Oct 2024)
  • On regulatory stance: "There are no blockchain nor cryptocurrency specific regulations in Panama. The Superintendence of Banks (SBP) and Superintendence of the Securities Market (SMV) have pronounced themselves in non-binding manners. In 2018, the SBP communicated that cryptocurrencies are outside its competence... Also in 2018, the SMV issued an Opinion confirming that: (1) cryptocurrencies are not considered securities; (2) cryptocurrencies are not currencies... (3) that a license is not required to carry out cryptocurrency-related activities..." [4] (FABREGA MOLINO, Undated)
  • On the Supreme Court ruling: "Panama's supreme court has struck down a law designed to grant legal status to certain cryptocurrencies. The court's order, published on July 14, “declares the entire proposed law unconstitutional”, and accepts objections lodged by the country's president earlier this year." [10] (Central Banking, Jul 2023)
  • On permissibility for individuals/entities: "...any natural person located in the Republic of Panama, branches registered in Panama and legal entities organized in the Republic of Panama may freely agree on the use of cryptoassets... as a means of payment for any civil or commercial operation not prohibited by the laws of Panama." [2] (Legal Solutions Panamá, discussing the intent of the failed Bill 697, reflecting general principle)
  • On AML/KYC ambiguity: "Although there is no specific crypto regulation, any company engaging in cryptocurrency exchanges or offering wallet services may still be subject to Panama's stringent AML/KYC requirements. This can create a complex legal landscape for businesses, as they must navigate the existing financial rules while operating in a space that lacks clear guidance from regulatory authorities." [3] (Kraemer & Kraemer, Oct 2024)
  • Contrasting view on AML/KYC for crypto: "No AML/KYC Requirements: The government does not impose AML or KYC requirements for crypto businesses, allowing you to operate freely. However, we strongly recommend compliance with the laws of the countries you serve." [6] (Adam Smith legal/consulting firm, Undated website content)
  • On the new (March 2025) draft bill: "Panama has unveiled a new draft bill aimed at regulating cryptocurrencies and establishing a legal framework for blockchain-based services... Under the bill, cryptocurrencies like Bitcoin (BTC), Ethereum (ETH), and stablecoins are legally recognised as valid payment methods for goods, services, and debt settlements... The legislation also mandates licensing requirements for Virtual Asset Service Providers (VASPs)... The draft bill is now under review in the National Assembly, with potential amendments before a final vote." [5] (Digital Watch Observatory, Mar 30, 2025)
  • On the principle of legality: "For private individuals and also for Panamanian Legal Entities, there is a wide latitude to engage in activities not specifically prohibited by law, which inherently includes transactions and operations involving virtual assets." [26] (Pacífica Legal, Jun 14, 2024)

4. Source Links:

  • [2] Legal Solutions Panamá (Vertex AI Grounding): https://vertexaisearch.cloud.google.com/grounding-api-redirect/AWQVqAJpBTsR3nyfT3HUx2N0yMnIR9a6OIE6jGuD96lwYXCT9aCRO1ZGUwG0G1TQNwsLPdamv-i-wF48tm-WqkLn2_6DzsRNo-97hrHHkIOKU1bid-gWXyV6ufkbwwbyTf91ZBb76TW5hfN5nlY3CvceI8iPJl6Qv5kHwAlA (Note: Discusses failed Bill 697's intent)
  • [3] Kraemer & Kraemer (Vertex AI Grounding): https://vertexaisearch.cloud.google.com/grounding-api-redirect/AWQVqAKgDBzPAVBaGZkoWZlBnk6NIijWtBpd6ixCZiBtEELbUkNRyA6TfNYlWPYNSrQ30l4oGvFdLs-rtubG9jO5XQsB4B89ptmsAwIPVDdPtqLKITOb2WV2R7vd4ItMf-L8dVyMuN6zOThu4Uit5-z6y3gB7tw8L3jC8Kjfj97ioFquLD_5xc-9rqjehRc5fTjRP0wuLKE=
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