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1 Such judicial tribunal or tribunals so established by the United 2 States shall have exclusive jurisdiction in said zone of all contro3 versies between citizens of the United States, and between citizens 4 of the United States and citizens of any foreign nation other than the Republic of Colombia; and of all controversies in any wise 6 growing out of or relating to the construction, maintenance or 7 operation of the canal, railway and other properties and works. III. The United States and Colombia engage jointly to establish 9 and maintain upon said zone, judicial tribunals having civil, crimi10 nal and admiralty jurisdiction and to be composed of jurists 11 appointed by the Governments of the United States and Colombia 12 in a manner hereafter to be agreed upon between said Govern13 ments, and which tribunals shall have jurisdiction of certain controversies hereinafter mentioned, and of all crimes, felonies and 15 misdemeanors committed within said zone, and of all cases arising 16 in admiralty, according to such laws and procedure as shall be 17 hereafter agreed upon and declared by the two governments. 18 Such joint judicial tribunal shall have exclusive jurisdiction in 19 said zone of all controversies between citizens of the United States 20 and citizens of Colombia, and between citizens of nations other 21 than Colombia or the United States; and also of all crimes, felo22 nies and misdemeanors committed within said zone, and of all 23 questions of admiralty arising therein.

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IV. The two Governments hereafter, and from time to time 25 as occasion arises, shall agree upon and establish the laws and 26 procedures which shall govern such joint judicial tribunal and 27 which shall be applicable to the persons and cases over which 28 such tribunal shall have jurisdiction, and also shall likewise 29 create the requisite officers and employees of such court and 30 establish their powers and duties; and further shall make 31 adequate provision by like agreement for the pursuit, capture, 32 imprisonment, detention and delivery within said zone of per33 sons charged with the commitment of crimes, felonies or mis34 demeanors without said zone; and for the pursuit, capture, 35 imprisonment, detention and delivery without said zone of 36 persons charged with the commitment of crimes, felonies and 37 misdemeanors within said zone.

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2. The works of the canal, the railways and their auxiliaries are 3 declared of public utility, and in consequence all areas of land 4 and water necessary for the construction, maintenance, and 5 operation of the canal and the other specified works may be 6 expropriated in conformity with the laws of Colombia, except that the indemnity shall be conclusively determined without 8 appeal, by a joint commission appointed by the Governments of Colombia and the United States.

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The indemnities awarded by the Commission for such expro11 priation shall be borne by the United States, but the appraisal of said lands and the assessment of damages shall be based upon their value before the commencement of the work upon the canal.

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ARTICLE XV.

The Republic of Colombia grants to the United States the use of all the ports of the Republic open to commerce as places of 17 refuge for any vessels employed in the canal enterprise, and for all vessels in distress having the right to pass through the canal 19 and wishing to anchor in said ports. Such vessels shall be exempt from anchorage and tonnage dues on the part of Colombia.

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ARTICLE XVI.

The canal, when constructed, and the entrance thereto shall be neutral in perpetuity, and shall be opened upon the terms 24 provided for by Section I of Article three of, and in conform25 ity with all the stipulations of, the treaty entered into by the Governments of the United States and Great Britain on November 18, 1901.

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ARTICLE XVII.

The Government of Colombia shall have the right to transport 30 over the canal its vessels, troops, and munitions of war at all times without paying charges of any kind. This exemption is to 32 be extended to the auxiliary railway for the transportation of 33 persons in the service of the Republic of Colombia or of the 34 Department of Panama, or of the police force charged with the 35 preservation of public order outside of said zone, as well as to their baggage, munitions of war and supplies.

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ARTICLE XVIII.

The United States shall have full power and authority to 3 establish and enforce regulations for the use of the canal, rail4 ways, and the entering ports and auxiliary works, and to fix rates of tolls and charges thereof, subject to the limitations 6 stated in Article XVI.

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ARTICLE XIX.

The rights and privileges granted to the United States by this 9 convention shall not affect the sovereignty of the Republic of 10 Colombia over the real estate that may be acquired by the United 11 States by reason of the transfer of the rights of the New Panama 12 Canal Company and the Panama Railroad Company lying outside 13 of the said canal zone.

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ARTICLE XX.

If by virtue of any existing treaty between the Republic of 16 Colombia and any third power, there may be any privilege or 17 concession relative to an interoceanic means of communication 18 which especially favors such third power, and which in any of its 19 terms may be incompatible with the terms of the present conven20 tion, the Republic of Colombia agrees to cancel or modify such 21 treaty in due form, for which purpose it shall give to the said 22 third power the requisite notification within the term of four 23 months from the date of the present convention, and in case the 24 existing treaty contains no clause permitting its modification or annulment, the Republic of Colombia agrees to procure its modification or annulment in such form that there shall not exist 27 any conflict with the stipulations of the present convention.

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ARTICLE XXI.

The rights and privileges granted by the Republic of Colombia 30 to the United States in the preceding Articles are understood to 31 be free of all anterior concessions or privileges to other Govern32 ments, corporations, syndicates or individuals, and consequently, 33 if there should arise any claims on account of the present con34 cessions and privileges or otherwise, the claimants shall resort to 35 the Government of Colombia and not to the United States for 36 any indemnity or compromise which may be required.

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2 The Republic of Colombia renounces and grants to the United 3 States the participation to which it might be entitled in the future 4 earnings of the canal under Article XV of the concessionary con

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tract with Lucien N. B. Wyse now owned by the New Panama 6 Canal Company and any and all other rights or claims of a pecun7 iary nature arising under or relating to said concession, or aris8 ing under or relating to the concessions to the Panama Railroad 9 Company or any extension or modification thereof; and it like10 wise renounces, confirms and grants to the United States, now and 11 hereafter, all the rights and property reserved in the said conces12 sions which otherwise would belong to Colombia at or before the 13 expiration of the terms of ninety-nine years of the concessions 14 granted to or held by the above mentioned party and companies, 15 and all right, title and interest which it now has or may hereafter 16 have, in and to the lands, canal, works, property and rights held 17 by the said companies under said concessions or otherwise, and 18 acquired or to be acquired by the United States from or through 19 the New Panama Canal Company, including any property and 20 rights which might or may in the future either by lapse of time, 21 forfeiture or otherwise, revert to the Republic of Colombia under any contracts of concessions, with said Wyse, the Universal 23 Panama Canal Company, the Panama Railroad Company and the 24 New Panama Canal Company.

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The aforesaid rights and property shall be and are free and 26 released from any present or reversionary interest in or claims 27 of Colombia and the title of the United States thereto upon con28 summation of the contemplated purchase by the United States 29 from the New Panama Canal Company, shall be absolute, so far as concerns the Republic of Colombia, excepting always the rights of Colombia specifically secured under this treaty.

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33 If it should become necessary at any time to employ armed 34 forces for the safety or protection of the canal, or of the ships 35 that make use of the same, or the railways and other works, the 36 Republic of Colombia agrees to provide the forces necessary for 37 such purpose, according to the circumstances of the case, but if

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the Government of Colombia cannot effectively comply with this 2 obligation, then, with the consent of or at the request of Colom3 bia, or of her Minister at Washington, or of the local authorities, 4 civil or military, the United States shall employ such force as may 5 be necessary for that sole purpose; and as soon as the necessity 6 shall have ceased will withdraw the forces so employed. Under 7 exceptional circumstances, however, on account of unforeseen or 8 imminent danger to said canal, railways and other works, or to 9 the lives and property of the persons employed upon the canal, 10 railways, and other works, the Government of the United States 11 is authorized to act in the interest of their protection, without the 12 necessity of obtaining the consent beforehand of the Government 13 of Colombia; and it shall give immediate advice of the measures 14 adopted for the purpose stated; and as soon as sufficient Colom15 bian forces shall arrive to attend to the indicated purpose, those of the United States shall retire.

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ARTICLE XXIV.

The Government of the United States agrees to complete the 19 construction of the preliminary works necessary, together with 20 all the auxiliary works, in the shortest time possible; and within 21 two years from the date of the exchange of ratification of this con22 vention the main works of the canal proper shall be commenced, 23 and it shall be opened to the traffic between the two oceans within 24 twelve years after such period of two years. In case, however, 25 that any difficulties or obstacles should arise in the construction 26 of the canal which are at present impossible to foresee, in con27 sideration of the good faith with which the Government of the 28 United States shall have proceeded, and the large amount of 29 money expended so far on the works and the nature of the diffi30 culties which may have arisen, the Government of Colombia will 31 prolong the terms stipulated in this Article up to twelve years more for the completion of the work of the canal.

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But in case the United States should, at any time, determine to make such canal practically a sea level canal, then such period 35 shall be extended for ten years further.

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