Delays in Customs Procedures, Followed by Prohibited Importation of Cosmetics, Toiletries, and Medicines

[Bonnie]

Bochinche or not, it certainly makes sense. Thanks a lot. I have yet to hear from the U.S. Embassy.

[Keith Woolford]

The Minister of Health has been around since June 2016.

The crackdown on imports through couriers was triggered by overzealous purchasers bringing in large quantities of unregistered cosmetics for resale.

Edited August 16, 2017 by Keith Woolford

[Jim Bondoux]

Well, I purposely didn't mention the gender of the said high energy new director, but it is not the same as that of the Minister who is Dr. Miguel Mayo....

[Keith Woolford]

This August 10th Telemetro article and interview with the Director of Pharmacy and Medications, Lisbeth Tristan de Brea, explains the Ministry's position on cosmetic products.

http://www.telemetro.com/nacionales/Minsa-permitira-cosmeticos-personal-comprados_0_1052594924.html

Edited August 16, 2017 by Keith Woolford

[Bonnie]

Okay. I understand that the Embassy has responded individually to at least one person who brought this matter to their attention. I therefore wrote today and asked if the Embassy intended to provide a copy of the guidelines obtained from MINSA to the Wardens and/or to issue a Message regarding it. After exchange of a couple of emails, here is the final response:

Ms. Williams,

At this time, we feel that it would be better to provide information on a case-by-case basis. They may change in the future, but right now we feel that this is the best approach. I am sorry to hear that you have been swamped with inquiries, and I would ask that you refer anyone with questions to the ACS inbox and we will do our best to answer them as quickly as possible. That should be easier now that we have some guidance from MINSA. We sincerely appreciate your continued assistance and we do not want our wardens to be overwhelmed with questions, so please refer them to the ACS inbox

Regards,

Thomas Hayes

Vice Consul

American Citizens Services/Federal Benefits

Unidad de Asistencia a Ciudadanos Estadounidenses/Beneficios Federales

 

Again, the email address is panama-acs@state.gov. The phone number is 317-5000.

[Keith Woolford]

Oh well, bully for them Bonnie, you certainly made the effort.

It seems they would rather put out the usual doublespeak on a singular basis.

 

Edited August 18, 2017 by Keith Woolford

[Woody]

2 hours ago, Keith Woolford said:

Oh well, bully for them Bonnie, you certainly made the effort.

It seems they would rather put out the usual doublespeak on a singular basis.

 

I put the Embassy message into google translate:

 

[Susan Frank]

i am also using, as an alternative to mailboxes etc., a company which does not open boxes, remove my packing slip nor asks for any paperwork from me.  

cosmetics & supplements have both arrived quickly & without scrutiny.

maybe a large corporation/franchise as mailboxes etc. has more obligation to adhere to govt. guidelines?

 

[Bonnie]

Although I have no firsthand information about this, common sense tells me that everything that comes in must go through Customs. If some packages are treated differently than others, the first thing that comes to mind is bribery. Does anyone know exactly how this works?

[Susan Frank]

bonnie ~ do you still recommend we write emails to the embassy?

[Bonnie]

6 hours ago, Susan Frank said:

bonnie ~ do you still recommend we write emails to the embassy?

Absolutely. They want to hear from individuals, not wardens.

[Bud]

An update here.

I've been working with both our warden (Bonnie) and the ACS section of the US Embassy in PC. I recently received a two page document (see below download link) from the US Consulate. My view is that we are not making much forward progress on the matter of bringing in medical supplies, prescriptions, etc., without paperwork hassles and delays.

I will say that so far none of my medical supplies have been detained or delayed. I seem to be rather lucky, ... so far, that is.

Thank you to Bonnie for busting her seams trying to help us. My observation/conclusion is that the consular staff are pushing the wardens aside and wanting to take control, but doing so with the mindset of supporting the new MINSA procedures. It should be the other way around.

MINSA requirements for drug and cosmetic importation.pdf

[Bonnie]

Thanks for posting this, Bud. The ACS section had asked that I not, saying they preferred to deal one-on-one with anyone affected by the drug and cosmetic regulation. I don't understand this and have argued against it. I begged them to issue a message to U.S. expats explaining as best they can the known parameters of this regulation. I therefore appreciate Bud stepping forward and providing what assistance the guidelines offer.

These guidelines don't offer much. They don't distinguish clearly between the requirements for drugs and for cosmetics, for example. I know it's dangerous to assume anything, but I have to think that the prescription requirement is only for drugs. It does specifically require a prescription only from a Panamanian doctor, not also from the prescribing doctor back home. That's a relief. I believe that once the required paperwork is completed, the courier companies will use the same paperwork for subsequent orders, and I don't think that generally there will be problems. But "generally" is the operative word here. There is still the uncertainty element. A misguided customs employee still could halt or delay the delivery of medically necessary supplies. If there are drugs or other medical supplies that you simply must get from abroad, my advice is to stay well ahead of the game, given the risk.

[Bud]

5 hours ago, Bud said:

An update here.

I've been working with both our warden (Bonnie) and the ACS section of the US Embassy in PC. I recently received a two page document (see below download link) from the US Consulate. My view is that we are not making much forward progress on the matter of bringing in medical supplies, prescriptions, etc., without paperwork hassles and delays.

I will say that so far none of my medical supplies have been detained or delayed. I seem to be rather lucky, ... so far, that is.

Thank you to Bonnie for busting her seams trying to help us. My observation/conclusion is that the consular staff are pushing the wardens aside and wanting to take control, but doing so with the mindset of supporting the new MINSA procedures. It should be the other way around.

MINSA requirements for drug and cosmetic importation.pdf

 

Giving a bit of a hint as to why I am working with various US government agencies/departments, and elected officials. Highlighted text below is of my doing.

 

Quote

U.S.- Panama Trade Promotion Agreement

The United States—Panama Trade Promotion Agreement (TPA) entered into force on October 31, 2012.  The TPA is a comprehensive free trade agreement that provides elimination of tariffs and removes barriers to U.S. services, including financial services.  It also includes important disciplines relating to customs administration and trade facilitation, technical barriers to trade, government procurement, investment, telecommunications, electronics commerce, intellectual property rights, and labor and environmental protection.

Highlights of the U.S.-Panama TPA

New Opportunities for U.S. Workers, Manufacturers, Farmers, and Ranchers
Over 87 percent of U.S. exports of consumer and industrial products to Panama became duty-free upon entry-into-force, with remaining tariffs phased out over ten years.  U.S. products that gained immediate duty-free access includes information technology equipment, agricultural and construction equipment, aircraft and parts, medical and scientific equipment, environmental products, pharmaceuticals, fertilizers, and agro-chemicals.  Nearly 56 percent of U.S. agricultural exports became duty-free upon entry-into-force, with most remaining tariffs phased out over 15 years.  Panama eliminated duties on high-quality beef, frozen turkeys, soybeans, soybean meal, crude soybean and corn oils, almost all fruit and fruit products, wheat, peanuts, whey, cotton, and many processed products.  The TPA also provides duty-free access for specified volumes of standard grade beef cuts, chicken leg quarters, pork, corn, rice, and dairy products through tariff rate quotas. Read more here. 

 

A Level Playing Field for U.S. Investors and U.S. Services Providers
The TPA ensures that U.S. companies in Panama are protected against discriminatory or unlawful treatment, and provides a neutral and transparent mechanism for settlement of investment disputes.  Panama’s TPA commitments cover Panama’s dynamic services sectors—accounting for roughly 70 percent of Panama’s economy—far more comprehensively than its WTO commitments under the General Agreement on Trade in Services.  This coverage includes priority areas such as financial, telecommunications, computer, distribution, express delivery, energy, environmental, and professional services. 

 

Commitments to Protect Labor Rights and the Environment
The TPA commits both Parties to adopt and maintain in their laws and practice the five fundamental labor rights as stated in the 1998 ILO Declaration on Fundamental Principles and Rights to Work.  Both Parties are also required to effectively enforce – and may not waive – labor laws related to fundamental labor rights.  Both Parties also committed to effectively enforce their own domestic environmental laws and adopt, maintain, and implement laws, regulations, and all other measures to fulfill their obligations under covered multilateral environmental agreements.  All obligations in the labor and environment chapters are subject to the same dispute settlement procedures and enforcement mechanisms as the TPA’s commercial obligations.

Above quoted text is taken directly from the website for the Office of the United States Trade Representative at https://ustr.gov/trade-agreements/free-trade-agreements/panama-tpa.

See also http://www.trade.gov/fta/panama/, among many other website links.

[Marcelyn]

On 8/23/2017 at 7:10 AM, Bud said:

An update here.

I've been working with both our warden (Bonnie) and the ACS section of the US Embassy in PC. I recently received a two page document (see below download link) from the US Consulate. My view is that we are not making much forward progress on the matter of bringing in medical supplies, prescriptions, etc., without paperwork hassles and delays.

I will say that so far none of my medical supplies have been detained or delayed. I seem to be rather lucky, ... so far, that is.

Thank you to Bonnie for busting her seams trying to help us. My observation/conclusion is that the consular staff are pushing the wardens aside and wanting to take control, but doing so with the mindset of supporting the new MINSA procedures. It should be the other way around.

MINSA requirements for drug and cosmetic importation.pdf

Good news. Just received my US prescriptions. Package was not opened but was held in Customs for three (3) weeks. No additional paperwork required.

[Roger B]

5 hours ago, Marcelyn said:

Good news. Just received my US prescriptions. Package was not opened but was held in Customs for three (3) weeks. No additional paperwork required.

Hi Marcelyn

I am not sure but you should ask your freight/courier service.  I think this can be faster if you provide in advance some documents like invoice, etc.  Once they land in Panama the process with customs will be fast and easy.

[Marcelyn]

Thanks, Roger.

Marcelyn

[Susan Frank]

16 hours ago, Roger B said:

Hi Marcelyn

I am not sure but you should ask your freight/courier service.  I think this can be faster if you provide in advance some documents like invoice, etc.  Once they land in Panama the process with customs will be fast and easy.

congrats marcelyn!   what a relief.

i have ordered some OTC's & sent my forward company the invoice as a heads up.  

the package arrived in miami on august 8 & still there. 

hopefully i will be seeing my order soon.

xo

s

[Brundageba]

Vitamins arrive but seem to come slowly and sometimes require invoice.  I order 6 months at a time because I get a better price.  That may be the hold up....the thought being I might be opening up a vitamin shop.  I just plan ahead

[Brundageba]

Customs still at work examining my eyebrow pencil.  I ordered two items the end of July: one eyebrow pencil, one pair of arch supports.  For over 2 months they have been in customs !  MBE assures me they will arrive ( that was over a week ago)   Well they have not arrived.  Customs must apparently give more scrutiny to the invoice as well as potential hazards the items could pose to Panama.

 I have written to Velkys at MBE to instruct customs:  "Throw the lethal eyebrow pencil away and mail me my arch supports !  I can live without the eyebrow pencil but my feet are killing me." 

Some things I just can not understand...and this is one.

ALISON

OK ok I can see how an eyebrow pencil could be dangerous:

Edited September 12, 2017 by Brundageba

[Brundageba]

UPDATE
I am told because the package arrived in customs at the time the law was changed it must remain there.   The package can not be separated.  So I can not have my request to discard the cosmetic item and send the arch supports honored.  This is not acceptable

Alison

[Deborah]

Damn - saw this too late.  Just got back from a short trip to Los Angeles where my 2 bags sailed through.  I had no idea I could make a killing on eyebrow pencils and arch supports or I would have stocked up.  Sorry Alison.

[Bonnie]

17 hours ago, Brundageba said:

UPDATE
I am told because the package arrived in customs at the time the law was changed it must remain there.   The package can not be separated.  So I can not have my request to discard the cosmetic item and send the arch supports honored.  This is not acceptable

Alison

Just as I suspected, the administration of this appears to be wildly inconsistent. As a test, I ordered a tube of lipstick about three weeks ago. It was in Boquete and available to me within nine days. (MBE is my forwarder too, Alison.)

Edited September 13, 2017 by Bonnie

[Brundageba]

I fail to understand the rationale for the prohibition in the first place.  What could be the harm in having a cosmetic item sent here???  Does MINSA seriously feel they are protecting the public?   Ok so my eyebrow pencil could be a harmful item....  I instructed them to throw it away and send the arch supports.  Why can't they do that with my permission?  It seems to me the only rationale is to make trouble for MBE and it's customers. ( my own conspiracy theory)

Alison

[Bonnie]

I've seen no real justification for this, but I don't believe it has much if anything to do with safety, Alison. It's more likely about commerce. The drug and cosmetic industries suspect or have reason to believe that people are bringing stuff into the country to sell in direct competition with them. There was some issue of "fake" viagra that Keith pointed out earlier, but this shouldn't impact cosmetics at all and drugs very little. Any way you look at it, it seems to me, it's overkill. And then there's the issue of inconsistent enforcement so that no one knows what to expect.