Panama comes down hard on sanction-evading ships with de-flagging

The Panama Maritime Authority (PMA) on Wednesday (30 September) announced that, after an internal investigation, it will automatically cancel the registration of any vessel found to be involved in illicit activities or that changes its flag in order to evade sanctions. 

This clarification follows the recent inclusion of seven Panamanian-flagged vessels on the list of the Office of Foreign Assets Control (OFAC).

Panama has adopted a series of strategies to reduce the inclusion of vessels on sanctions lists, including:

Panama has adopted a series of strategies to reduce the inclusion of vessels on sanctions lists, including:

• The monitoring and control section was moved to a protection department that is more aligned with its functions. The Control and Monitoring section was moved from the Department of Navigation and Maritime Safety to the Maritime Ship Protection Department, given its close relationship with international sanctions activities and the surveillance of the merchant fleet.
• In September 2024, the “Panama Flag Precheck Process” was published, a circular that establishes prerequisites for flagging and that allows due diligence to be carried out on the vessel, its owner and its operator.
• Panama signed the Registry Information Exchange Agreement (RISC) to prevent a ship from moving from one registry to another, seeking to commit some type of illicit activity or trying to evade compliance with imposed sanctions.

The General Directorate of Merchant Marine of the AMP is evaluating additional strategic measures that allow for the expeditious cancellation of the Panamanian flag of vessels with proven links to activities that go against national interests, international instruments or the shipping industry in general.

There are legal mechanisms used to cancel the registration of vessels included in sanctions lists, such as the one described in Article 49 of the General Merchant Marine Law 57, which establishes the causes for automatic cancellations, such as the use of the vessel for smuggling, illegal trade and piracy, among other crimes.

The Panamanian Shipping Registry will not negotiate with anyone who wants to use it improperly and will apply the established legal mechanisms to be able to act according to due process and legal certainty.

In January, it was reported that a group of US senators called PMA to investigate and de-flag tankers that are violating US sanctions on the Iranian oil trade. 

Citing data from United Against Nuclear Iran (UANI), the letter from the senators to PMA, stated that of the nearly 400 vessels they believe are aiding Iran, the letter reports that nearly half (189) are flagged in Panama.

Photo credit: Luis Gonzalez on Unsplash
Published: 3 October, 2024