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Ports in Panama: AMP concessions and operating licences under Ley 56 de 2008, the 2026 Balboa and Cristóbal ruling and transitional operators

Last verified: 2026-10-29 · Status: Changing

Ports and maritime services are granted by the Autoridad Marítima de Panamá (AMP): concessions by contract for up to 20 years, extendable once for an equal term, and operating licences for auxiliary services for up to 10 years. The State keeps ownership of conceded assets, and vessel based auxiliary services in Panamanian waters need at least 75 percent Panamanian shareholders. On 29 January 2026 the Supreme Court struck down the Panama Ports Company contract for Balboa and Cristóbal and its 2021 extension; the Cabinet then approved 18 month transitional concessions to APMT Panamá and TIL Panamá.

Panama's currency, the balboa (B/.), is at par with the US dollar, which circulates as legal tender; the Superintendencia de Bancos states that the balboa's value is on a par with the US dollar (checked 29 October 2026). USD figures therefore equal the balboa figures.

Key facts

Maximum initial term of a port concession20 yearsLey 56 de 2008 art. 38, as of 2026-10-29 · in force
Maximum term of a maritime services operating licence10 yearsLey 56 de 2008 art. 45, as of 2026-10-29 · in force
Minimum Panamanian shareholding for vessel based auxiliary maritime services75 %Ley 56 de 2008 art. 43 per Ley 266 de 2021, as of 2026-10-29 · in force
Term of the 2026 transitional concessions for Balboa and Cristóbal18 monthsResoluciones de Gabinete 4 and 5 de 2026, as of 2026-10-29 · in force

The rule

1. Anyone wishing to build, run and manage a seaport submits a proposal to AMP describing the area and expansion, the maritime manoeuvring area, initial investment and timetable, the port activity, an outline environmental impact study and financial standing; after a preliminary review AMP sets a term for the full file, including proven developer experience where relevant.Ley 56 de 6 de agosto de 2008, General de Puertos, art. 19, 2008-08-06 official text · verified 2026-10-29
2. Concessions are granted by contract; operating licences by administrative resolution. Before any concession or licence procedure the applicant pays an inspection fee set by the AMP Board. Concession contracts may be raised to contract laws when the investment and economic impact justify it.Ley 56 de 2008, arts. 26, 27 and 36, 2008-08-06 official text · verified 2026-10-29
3. The State keeps ownership of conceded assets: the concessionaire gets only use and exploitation, cannot obtain title over improvements built on the area, and the Public Registry must reject any title that includes AMP conceded assets.Ley 56 de 2008, art. 29, 2008-08-06 official text · verified 2026-10-29
4. Concessions run for up to 20 years and may be extended at the concessionaire's request for up to the original term, applying in the last fifth of the term and at least one year before expiry; AMP is not bound to extend on the same terms.
Example: A 20 year concession signed in 2027 must request extension between 2043 and 2046. / Same timing; no fee is fixed in the law.Ley 56 de 2008, art. 38, 2008-08-06 official text · verified 2026-10-29
5. Operating licences for maritime services to ships, cargo or passengers last up to 10 years, renewable for an equal period if obligations and charges are met, are non transferable, and must be obtained from AMP before filing the Aviso de Operación.Ley 56 de 2008, arts. 45, 46 and 47, 2008-08-06 official text · verified 2026-10-29
6. A company seeking an operating licence for auxiliary maritime services using vessels in Panamanian waters must show that at least 75 percent of its shareholders are Panamanian nationals and the rest are nationals of countries that do not discriminate against Panamanians (a reciprocal rule); an individual applicant must be Panamanian, and the vessel must belong to the applicant or a qualifying Panamanian person. International shipping lines and their affiliates are excluded when the service involves floating equipment.Ley 56 de 2008 art. 43 as worded by Ley 266 de 2021 art. 63 (earlier by Ley 4 de 2015), art. 43, 2021-12-23 official text · verified 2026-10-29 · changed: Ley 266 de 2021 rewrote art. 43, adding the 75 percent Panamanian shareholding rule for vessel based auxiliary services.
7. The Supreme Court Plenary, in a ruling of 29 January 2026, declared unconstitutional Ley 5 de 16 de enero de 1997, which approved the Panama Ports Company concession contract for the container, ro ro, passenger, bulk and general cargo terminals at Balboa and Cristóbal, together with its addenda and its extension. The full ruling appears in Gaceta Oficial 30468.Fallo del Pleno de la Corte Suprema de Justicia de 29 de enero de 2026 (Gaceta Oficial 30468), comunicado, 2026-01-29 official text · verified 2026-10-29 · changed: 29 January 2026: Panama Ports Company contract law and its 2021 extension declared unconstitutional.
8. The Cabinet approved, by exceptional procedure, transitional concession contracts between AMP and APMT Panamá, S.A. for Balboa and TIL Panamá, S.A. for Cristóbal, each for up to 18 months, with economic consideration from the concessionaire of US$26,100,000 and US$15,800,000.
Cost to do it: Consideration paid to the State: US$26.1 million (Balboa) and US$15.8 million (Cristóbal).
Example: B/.41,900,000 combined for up to 18 months. / US$41,900,000 combined.Resoluciones de Gabinete 4 and 5 de 23 de febrero de 2026 (Gaceta Oficial 30468-C), titles, 2026-02-23 official text · verified 2026-10-29

Worked example

  • A tug operator owned 60 percent by a foreign group cannot obtain an AMP operating licence for towing in Panamanian waters; it would need 75 percent Panamanian shareholders under art. 43.
  • A logistics company building a bulk terminal can get a 20 year concession plus one extension of up to 20 years, but never title to the land or quays.

Step by step

  1. Pay the AMP inspection fee and submit the port proposal or licence application.
  2. Complete the environmental impact study and the full technical and financial file within AMP's deadline.
  3. Negotiate the concession contract (Contraloría endorsement applies to State contracts) or receive the licence resolution.
  4. File the Aviso de Operación only after the AMP licence is issued.

Common traps

  • Contract laws are not immune: the 2023 Cobre Panamá and 2026 Balboa and Cristóbal rulings show the Supreme Court can strike down approved contracts.
  • Extensions are not automatic and can come on new terms.
  • Foreign owned groups need a Panamanian majority structure for vessel based auxiliary services.

Sources

Related pages

Related: Panama country profile · live dashboard · central bank and release calendar · our posts on X

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