VZCZCXYZ0000
RR RUEHWEB

DE RUEHZP #0373/01 1272323
ZNR UUUUU ZZH
R 072323Z MAY 09
FM AMEMBASSY PANAMA
TO RUEHC/SECSTATE WASHDC 3365
INFO RUCPDOC/DEPT OF COMMERCE WASHDC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHDC
RUMIAAA/HQ USSOUTHCOM MIAMI FL
RHEHAAA/WHITE HOUSE WASHDC

UNCLAS PANAMA 000373 
 
SENSITIVE 
SIPDIS 
 
WHSC PLEASE PASS TO USTR AUSTR EISSENSTAT 
 
E.O. 12958: N/A 
TAGS: ECON EFIN EFTA ETRD PGOV PM PREL SNAR
SUBJECT: MARTINELLI'S U.S. AMBASSADOR-DESIGNATE SUPPORTS 
TIEA COMMITMENT 
 
REF: PANAMA 367 
 
¶1. (SBU) Summary.  Jaime Aleman, President-elect Martinelli's 
Ambassador-designate to Washington, told Ambassador 
Stephenson today (May 7) that Martinelli would support 
initiation of Tax Information Exchange Agreement (TIEA) 
negotiations with the United States soon as part of Panama's 
2002 and 2009 OECD commitments, so long as it is not billed 
as a quid pro quo for the U.S.-Panama Free Trade Agreement 
(FTA) and contains restrictions such as exchange by request 
only and a bar on triangulation of information.  Aleman also 
confirmed that Martinelli supports the Torrijos 
Administration (reftel) carrying forth labor and bearer 
shares legislation as part of the GOP's efforts to secure 
passage of the FTA.  Post believes, and Aleman appeared to 
confirm, that the Torrijos government is in the best position 
to deliver those reforms, especially changes to labor laws 
and regulations.  Ambassador Stephenson emphasized that time 
is tight on achieving an FTA and suggested that the 
Martinelli camp issue a clarifying press statement on its 
willingness to consider a TIEA.   "We have to do this (a 
TIEA); it is in our interest," Aleman said, noting that at 
this point he was still speaking personally. End summary. 
 
¶2. (SBU) Ambassador Stephenson hosted a lunch at her 
residence on May 7 for President Elect Martinelli's 
Ambassador Designate to Washington, lawyer and power broker 
Jaime Aleman, and Martinelli's campaign economic advisor and 
prospective Vice Minister of Economy and Finance Frank De 
Lima.  DCM Gilmour and EconCouns also attended. Aleman's 
younger brother, Jose Miguel Aleman, served as Foreign 
Minister during the Moscoso Administration. Jaime Aleman, as 
Minister of Government and Justice under President Delvalle 
in 1988, signed the decree dismissing Manuel Noriega as Head 
of the Armed Forces and was forced into exile in Miami.  He 
is a graduate of Georgetown Preparatory School, Notre Dame 
(BA in Economics) and Duke (JD).  Frank De Lima is a dual 
U.S.-Panamanian citizen, a Boston University graduate, and 
most recently held a management position in Martinelli's 
supermarket firm and  advisory position in his campaign. 
 
¶3. (SBU)  On the issue of a TIEA, Aleman said, "We have to do 
this, it is part of our commitment." In addition, he noted 
that holding out would be futile.  Aleman also mentioned that 
entering into TIEAs did not hinder other offshore banking 
centers and was aware of the OECD's guideline for 12 TIEAs as 
a basis for jurisdictions that had implemented the 
internationally agreed tax standard.  He ridiculed 
application of Panama's retaliatory Ley de Retorcion as 
"insane - if it is applied, down goes the Canal expansion 
...," and called holdouts "dinosaurs."  Aleman, however, 
mentioned that publicizing a TIEA as a quid pro quo for the 
Administration's FTA support was not acceptable and noted 
that Panama would protect its interests by insisting on 
exchange of information by request only (as opposed to an 
automatic exchange) and a bar on the triangulation of 
information (sharing with third parties).  Aleman also 
confirmed that Martinelli had accepted the Torrijos endgame 
(reftel) and would not interfere with the current President's 
efforts to pass labor reforms and bearer share regulation as 
a precursor to passage of an FTA by the U.S. Congress.  He 
appeared very comfortable with the Torrijos government 
carrying responsibility on these matters, especially changes 
to Panama's labor laws and regulations. 
 
¶4. (SBU)  Ambassador Stephenson emphasized that timing is 
tight on achieving an FTA and suggested that the Martinelli 
camp issue a clarifying press statement soonest on its 
willingness to consider a TIEA - apart from the FTA.  She 
noted that prior press statements by Martinelli  and other 
officials were causing confusion in Washington.  Aleman 
replied that passage of the FTA remained Martinelli's highest 
priority and that he would convey this advice to the 
President-elect.  Significantly, Aleman revealed that he had 
asked Yavel Francis, currently Panama's Ambassador to the 
United Nations, to serve as his DCM. Francis was the 
indispensable leader of the inaugural Pathways to Prosperity 
Ministerial in Panama in December.  She also had served as an 
advisor on tax haven issues in the Foreign Ministry.  Aleman 
added that the Minister of Economy and Finance (and Frank De 
Lima's boss) would be Alberto Vallarino, who shared an 
interest in meeting OECD standards on transparency. 
 
¶5. (SBU) Comment. The lunch was striking in that Aleman 
needed no convincing on the necessity of committing to 
negotiating a TIEA shortly. Almost as if he were reading our 
talking points, he noted that a TIEA combined with bearer 
shares regulation was essential to the continued growth of 
Panama's emerging economy based on maintaining foreign 
investment flows.  Aleman's voice is powerful and 
encouraging.  Nonetheless, resistance to a TIEA will continue 
in some quarters.  Most importantly, reaching an FTA will 
take close coordination with both the outgoing Torrijos and 
incoming Martinelli administrations. Torrijos' center-left 
PRD party is far and away in the better position to deliver 
labor reforms and bearer share regulation.  A TIEA - apart 
from an FTA - must be sensitively negotiated with 
President-elect Martinelli. End comment. 
STEPHENSON