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#157. The Convention of July 14, 1970 Between the United States and Nicaragua Terminating the 1914 Bryan-Chamorro Treaty Upon Entry Into Force on April 25, 1971*

NICARAGUA

Nicaraguan Canal Route: Termination of
Convention of August 5, 1914

Convention signed at Managua July 14, 1970;

Ratification advised by the Senate of the United States of America February 17, 1971;

Ratified by the President of the United States of America February 26, 1971;

Ratified by Nicaragua August 10, 1970;

Ratifications exchanged at Managua April 25, 1971;

Proclaimed by the President of the United States of America June 7, 1971;

Entered into force April 25, 1971.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

CONSIDERING THAT:

A PROCLAMATION

The convention between the United States of America and the Republic of Nicaragua for the termination of the convention respecting a Nicaraguan canal route signed at Washington on August 5, 1914, was signed at Managua on July 14, 1970, the original of which convention is annexed hereto;

The Senate of the United States of America by its resolution of February 17, 1971, two-thirds of the Senators present concurring therein, gave its advice and consent to the ratification of the convention;

The convention was duly ratified by the President of the United States of America on February 26, 1971, and was duly ratified on the part of the Republic of Nicaragua;

It is provided in Article III of the convention that the convention shall enter into force on the day on which the instruments of ratification are exchanged;

The instruments of ratification of the convention were duly exchanged on April 25, 1971;

TIAS 7120

*United States Treaties and Other International Agreements, Vol. 22, Part 1, 1971, pp. 663-665.

Now, THEREFORE, I, Richard Nixon, President of the United States of America, proclaim and make public the convention of July 14, 1970 between the United States of America and the Republic of Nicaragua to the end that it shall be observed and fulfilled with good faith on and after April 25, 1971, by the United States of America and by the citizens of the United States of America and all other persons subject to the jurisdiction thereof.

IN TESTIMONY WHEREOF, I have signed this proclamation and caused the Seal of the United States of America to be affixed.

DONE at the city of Washington this seventh day of June in the year of our Lord one thousand nine hundred seventy-one [SEAL] and of the Independence of the United States of America the one hundred ninety-fifth.

By the President:

JOHN N. IRWIN II

Acting Secretary of State

RICHARD NIXON

CONVENTION BETWEEN THE GOVERNMENT OF THE
UNITED STATES OF AMERICA AND THE GOVERN-
MENT OF THE REPUBLIC OF NICARAGUA

The Government of the United States of America and the Government of Nicaragua, desirous of further strengthening the traditional bonds of friendship and cooperation long existing between their two countries, have reexamined the Convention respecting a Nicaragua canal route, signed at Washington on August 5, 1914, ['] in the light of present circumstances and needs and have concluded that the interests of both nations will best be served by terminating the Convention in all its provisions. To this end, the two Governments have agreed to the following articles:

ARTICLE I

Upon the entry into force of the present Convention, the Convention between the United States of America and the Republic of Nicaragua respecting a Nicaraguan canal route, which was signed at Washington on August 5, 1914, shall terminate.

'TS 624; 39 Stat. 1661.

96-673 O 77-91

ARTICLE II

As a consequence of the termination of the Washington Convention of August 5, 1914, all the rights and options that the 1914 Convention accorded to the Government of the United States of America shall cease to have effect as of the date this convention enters into force.

ARTICLE III

The present Convention shall be ratified in accordance with the constitutional requirements of the contracting parties, and instruments of ratification shall be exchanged at the city of Managua as soon as possible. The present Convention shall enter into force on the day on which the instruments of ratification are exchanged. In WITNESS WHEREOF the respective plenipotentiaries have signed the present convention. DONE in duplicate, in the English and Spanish languages, both equally authentic, at the city of Managua this fourteenth day of July, one thousand nine hundred and seventy.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: POR EL GOBIERNO DE LOS ESTADOS UNIDOS DE AMERICA: MALCOLM R. BARNEBEY

Malcolm R. Barnebey

Charge d'Affaires a.i. of the United States of America Encargado de Negocios a.i. de los Estados Unidos de América

FOR THE GOVERNMENT OF THE REPUBLIC OF NICARAGUA: POR EL GOBIERNO DE LA REPUBLICA DE NICARAGUA:

LORENZO GUERRERO

Lorenzo Guerrero

Minister of Foreign Affairs of Nicaragua
Ministro de Relaciones Exteriores de Nicaragua

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of Representatives That the United States Maintain Its Sovereignty and Jurisdiction Over the Panama Canal Zone, September 22 and 23, 1971*

PANAMA CANAL, 1971

WEDNESDAY, SEPTEMBER 22, 1971

HOUSE OF REPRESENTATIVES,
COMMITTEE ON FOREIGN AFFAIRS,

SUBCOMMITTEE ON INTER-AMERICAN AFFAIRS,

Washington, D.C.

The subcommittee met at 2 p.m., in room 2200, Rayburn House Office Building, Hon. Dante B. Fascell (chairman of the subcommittee) presiding.

Mr. FASCELL. The subcommittee will please come to order.

The United States is presently negotiating a new treaty governing the control and operation of one of the world's most important waterways-the Panama Canal.

For 57 years, the canal has provided immense economic benefits to the United States, Panama, and the entire world. In times of war and crisis, it has also given us important military flexibility.

Over the years since the original treaty between the United States and Panama for construction of the canal, the United States, in response to Panamanian requests, has modified the original treaty two times by treaty. While relations between our two countries are necesIsarily close and generally friendly, there remains a good deal of conflict and controversy over the canal. In the belief that these problems, if left unresolved, might permanently embitter relations between our two countries and in order to provide for needed new canal capacity, President Johnson agreed to negotiate a new treaty with Panama. While draft agreements were signed, they were never submitted for ratification in either country.

Last December, the Atlantic-Pacific Interoceanic Canal Study Commission recommended that the United States construct a new sea level canal in Panama 10 miles west of the present canal site. Following this recommendation, President Nixon decided to reopen talks with Panama on a new basic treaty governing U.S. canal rights.

While the House of Representatives does not have a direct voice in approval of treaties, many Members of Congress feel that the canal is so vital to U.S. interests that we should not give up a single right in the Canal Zone. The breadth and depth of this concern is evidenced by the fact that 88 Members have introduced 42 House resolutions to express the sense of the House of Representatives that the U.S. maintain its Sovereignty and jurisdiction over the Panama Canal Zone.

The subcommittee is meeting today to consider the resolutions and to hear from our distinguished colleagues on this subject.

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Panama Canal, 1971: Hearings Before the Subcommittee on Inter-American Affairs of the House Committee on Foreign Affairs, 92nd Congress, 1st Session, 1971, p. 1. KF27.F646 1971.

Talks With Panama, November 1971*

PANAMA CANAL TREATY NEGOTIATIONS

MONDAY, NOVEMBER 29, 1971

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON THE PANAMA CANAL,

COMMITTEE ON MERCHANT MARINE AND FISHERIES,

Washington, D.C.

The subcommittee met pursuant to call at 10:10 a.m., in room 1334, Longworth Office Building, Hon. John M. Murphy presiding. Mr. MURPHY. The subcommittee will come to order.

Today, this subcommittee begins hearings on the Panama Canal in an effort to determine where the United States stands with the Republic of Panama on current and future issues which are of vital importance to both countries. There are negotiations currently going on between the two countries over our future course of action. Because these negotiations are, perforce, confidential, and because they are so important to our respective futures, speculation has been rampant in both countries over their eventual outcome, and over the treaty document itself.

Rumors have blown out of proportion the nature of certain aspects of our current talks with the Panamanians. Anti-American elements in Panama have accused Panamanian negotiators of "giving in" to the "collossus of the North". On the other hand, reports have appeared in the American press to the effect that U.S. negotiators are surrendering American "sovereignty" and, in the process, the future livelihood of American citizens in the zone and, indeed, the future of the United States in Latin America.

The purpose of these hearings is to calm what I perceive is a growing sense of fear on the part of citizens and officials of both nations over imagined "wrongs" that are more fancy than fact.

I truly believe that the interests of both of our countries are the

same.

I believe that a mutual bond of interest and friendship can both be served and maintained by solving our differences openly and frankly rather than by the inflammatory rhetoric that has recently surfaced.

This subcommittee has the obligation and duty to do everything possible under its mandate to guarantee the continued operation of the canal in the best interests of the United States. On the other hand, we must give equal cognizance to the fact that Panama has been our partner in the canal enterprise for almost 70 years. And while arguments have arisen during the years of U.S.-Panama collaboration on the Isthmus, and political issues have sometimes led to hostile street action against the United States, in a larger sense the governments have collaborated through the years to the benefit of both.

*Panama Canal Treaty Negotiations: Hearings Before the Subcommittee on Panama Canal of the House Committee on Merchant Marine and Fisheries, 92nd Congress, 1971-1972, pp. 1-17. KF27.M475 1971, Serial No. 92 30. See Serial No. 92-30A for the Addendum. See also Report on Activities During the 92nd Congress of the Committee on Merchant Marine and Fisheries, House Report No. 92-1629, 92nd Congress, 2nd Session, 1973, pp.

19-45.

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