Crypto ATM / kiosk operator in Panama

No Crypto-Specific Licensing Regime: As of late 2023 / early 2024, there is no specific "virtual asset license" in Panama issued by a dedicated crypto regulator.

Be incorporated under Panamanian law (Public Registry).

Obtain a business license ("Aviso de Operación") from the Ministry of Commerce and Industries.

Primary Relevance: This is the most likely regulator to assert jurisdiction over virtual asset activities, mainly for AML/CFT compliance. Panama is a member of the Financial Action Task Force (FATF) and is committed to implementing its recommendations, which include regulating VASPs for AML/CFT purposes.

Applicability: Exchanges, custody providers, and payment processors dealing with virtual assets are highly likely to be considered "Designated Non-Financial Businesses and Professions" (DNFBPs) or fall under an extended interpretation of "financial activities" for AML purposes.

Requirement: While not a "license," these entities would need to register with the SSNF for AML/CFT oversight and comply with all associated requirements.

Regulatory Reference: Law 23 of 2015 (Ley 23 de 2015, que adopta medidas para prevenir el blanqueo de capitales, el financiamiento del terrorismo y el financiamiento de la proliferación de armas de destrucción masiva). This law designates certain entities as "obligated subjects" (sujetos obligados) for AML/CFT purposes. While it doesn't explicitly name "VASPs," its broad scope and subsequent interpretations can cover them.

Relevance: If the virtual asset is deemed a "security" under Panamanian law, then the SMV would have jurisdiction. This is a crucial distinction.

Requirement: A license as a broker-dealer, investment adviser, or other regulated entity under securities law might be required, depending on the specific service.

Requirement: A banking license or a license as a specific type of financial institution would be required, which is highly stringent.

Relevance: Less likely to directly regulate pure crypto activities unless they involve fiat currency in a way that resembles traditional banking or payment services.

No specific crypto VASP capital requirements.

General corporate capitalization requirements apply for company formation.

If classified under securities or banking laws, significant capital requirements would apply (e.g., millions for a bank, hundreds of thousands for certain securities brokers).

Law 23 of April 27, 2015 (Ley 23 de 27 de abril de 2015): This is the foundational AML/CFT law in Panama. It adopted measures to prevent money laundering, financing of terrorism, and financing of the proliferation of weapons of mass destruction. It established the Financial Analysis Unit (UAF) and defined "obligated subjects" (sujetos obligados), which, through subsequent interpretations and amendments, have come to include VASPs. This law sets general obligations for customer due diligence, suspicious transaction reporting, and record-keeping.

Law 1 of January 5, 2024 (Ley No. 1 de 5 de enero de 2024): This is the most crucial and recent piece of legislation specifically for virtual assets. It amends Law 23 of 2015 and other related laws to define virtual assets and virtual asset service providers (VASPs), establish a licensing and supervision regime, and explicitly subject VASPs to AML/CFT obligations under the supervision of the Superintendency of Banks of Panama (SBP). This law ensures Panama's compliance with FATF Recommendation 15 on new technologies and VASPs.

Superintendencia de Bancos de Panamá (SBP) - Superintendency of Banks of Panama:

Identification and Verification:

For Individuals: Obtaining and verifying the identity of the customer and beneficial owner (if different from the customer) using reliable, independent source documents, data, or information (e.g., government-issued ID, passport, proof of address).

For Legal Entities/Arrangements: Obtaining and verifying the legal name, legal form, proof of existence, powers that regulate and bind the entity, names of relevant persons (directors, partners), and the identity of beneficial owners (those ultimately owning or controlling more than a specified percentage, typically 10% or 25%).

Understanding the Purpose and Nature of the Business Relationship: Gathering information on the customer's financial activities, expected transaction types, and the source of funds/wealth.

Ongoing Monitoring: Continuously monitoring the business relationship and transactions to ensure consistency with the VASP's knowledge of the customer, their business, and risk profile. This includes scrutinizing complex, unusual large transactions, and all unusual patterns of transactions that have no apparent economic or lawful purpose.

Enhanced Due Diligence (EDD): Applying EDD measures for high-risk customers, business relationships, or transactions, which include:

Politically Exposed Persons (PEPs) and their family members and close associates.

Customers from high-risk jurisdictions identified by FATF or local authorities.

Transactions involving new or developing technologies that might favor anonymity.

High-value or complex transactions.

Obtaining additional information on the customer, beneficial owner, source of funds/wealth, and reasons for intended transactions.

Obtaining senior management approval for establishing or continuing high-risk relationships.

Increased frequency of monitoring.

Obligation to Report: VASPs are legally obligated to report any suspicious transaction or activity to the UAF, regardless of the amount. A transaction is suspicious if the VASP has reasonable grounds to suspect that it may be related to money laundering, terrorism financing, or other illicit activities.

No Tipping-Off: VASPs, their employees, and officers are prohibited from disclosing to the customer or any third party that an STR has been or will be submitted.

Duration: Records must typically be kept for at least five (5) years after the business relationship has ended or after the date of the transaction.

Evolving Regulatory Framework: Panama has been discussing comprehensive cryptocurrency regulation, most notably with Bill 697, which was partially vetoed in 2022. This lack of a clear, dedicated crypto legal framework means that enforcement would likely fall under existing general financial laws (e.g., anti-money laundering, fraud), making it harder to categorize specifically as "crypto enforcement."

Focus on AML/CFT: Panama was on the FATF grey list until October 2023, which heavily emphasized improving its Anti-Money Laundering and Counter-Financing of Terrorism (AML/CFT) regime. While this pressure indirectly affects crypto (as it's a known vector for financial crime), direct, high-profile enforcement actions against crypto entities with specific fines haven't been widely publicized as a result.

SBP Circulars and Statements on Crypto Risks:

Failed Cryptocurrency Law (Bill 697):