Panama's Supreme Court to Rule on Ports Concession

The Supreme Court of Panama is set to rule on the constitutionality of a ports concession contract, amidst debates on foreign investment's impact on national interests.


The Supreme Court of Justice must rule on an unconstitutionality lawsuit related to the concession. Attorney Luis Gómez has stated that there are elements of unconstitutionality in the contract signed between the State and Panama Port, a lawsuit that is currently in the Supreme Court of Justice. If the ruling declares the concession unconstitutional, the buyers would have to renegotiate with the Panamanian State.

Following the announcement of the transaction, the Government of Panama issued a statement indicating that this is an agreement between private companies, but that it will ensure compliance with all local regulations and laws before the Panama Maritime Authority (AMP) makes a decision on the concession. Furthermore, the statement emphasized that the General Comptroller of the Republic continues with the auditing process of Panama Ports Company, and that its conclusions will be decisive in the government's position regarding the relationship with the new concessionaire.

The sale of the port concession has generated debate in Panama, where the presence of foreign investments in strategic infrastructure is a matter of national and international interest.

Maritime expert Carlos Ernesto González De La Lastra stated that the constant statements from former U.S. President Donald Trump likely aimed to pressure the conclusion of the sale of the port concession in Panama, suggesting that negotiations were already underway. González De La Lastra recalled that Trump stated on several occasions that the Panama Canal was "taken by the Chinese", thereby exerting pressure on the Panamanian government.

The former U.S. president's statements were followed by messages from officials and legislators in the U.S. Congress and Senate, who insisted on the alleged Chinese influence and the danger it posed to the stability of the Panama Canal and U.S. trade.

The transaction involves BlackRock Inc., Global Infrastructure Partners, and Terminal Investment Limited, who agreed with CK Hutchison Holdings Limited to purchase their stake in the port concession in Panama. González De La Lastra explained that, due to the nature of the concession, the Panamanian government must approve the transaction for it to proceed legally.