ANNEX B PROTOCOL TO THE TREATY CONCERNING THE PERMANENT NEUTRALITY AND OPERATION OF THE PANAMA CANAL Whereas the maintenance of the neutrality of the Panama Canal is important not only to the commerce and security of the United States of America and the Republic of Panama, but to the peace and security of the Western Hemisphere and to the interests of world commerce as well; Whereas the regime of neutrality which the United States of America and the Republic of Panama have agreed to maintain will ensure permanent access to the Canal by vessels of all nations on the basis of entire equality; Whereas the said regime of effective neutrality shall constitute the best protection for the Canal and shall ensure the absence of any hostile act against it; The Contracting Parties to this Protocol have agreed upon the following: Article I The Contracting Parties hereby acknowledge the regime of permanent neutrality for the Canal established in the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal and associate themselves with its objectives. Article II The Contracting Parties agree to observe and respect the regime of permanent neutrality of the Canal in time of war as in time of peace, and to ensure that vessels of their registry strictly observe the applicable rules. Article III This Protocol shall be open to accession by all states of the world, and shall enter into force for each State at the time of deposit of its instrument of accession with the Secretary General of the Organization of American States. #186. Documents Associated With the 1977 Panama Canal Treaties* The Department of State Selected Documents No. 6B Documents Associated With the Panama Canal Treaties Bureau of Public Affairs Office of Media Services Contents DOCUMENTS IMPLEMENTING THE PANAMA CANAL TREATY 1 Agreement in Implementation of Article III of the Panama Canal Treaty Annex B Annex ( Agreement in Implementation of Article IV of the Panama Canal Treaty 17 Annex A 22 24 24 Agreed Minute 28 42 44 Annex B Annex A Maps of the Land and Water Areas for the Operation and Defense of the Panama Cina, Re- Exchange of Notes Relating to Postal Services Exchange of Notes Relating to Use of Commissary and Post Exchange Facilities Letter Describing Application of the Wholesale Price Index Referred to in Paragraph 4(A) of Letter Regarding Termination of Article XVII of the United States-Panama Air Transport OTHER DOCUMENTS 53 55 Agreement on Certam Activities of the United States of America in the Republic of Panama Lxchange of Notes Relating to Air Traffic Control Services Note Regarding the Establishment of the Panama Bureau of the United States Foreign Broad- 39 Ixchange of Notes Relating to the Gorgas Memorial Institute of Tropical and Preventive Medi- 61 Exchange of Notes Relating to Scientific Activities in Panama of the Smithsonian Tropica. 63 Ixchange of Notes Relating to Custodianship of the Barro Colorado Native Monument by the *Department of State, Bureau of Public Affairs. "Documents Associated With the Panama Canal Treaties," Selected Documents, No. 6B, Department of State Publication 8914. September 1977. DEPARTMENT OF STATE PUBLICATION 8914 Inter-American Series 113 Released September 1977 Office of Media Services DOCUMENTS IMPLEMENTING THE PANAMA CANAL TREATY Agreement in Implementation of Article III of the Panama Canal Treaty Whereas, pursuant to Article III of the Panama Canal Treaty, signed this date, the Republic of Panama, as territorial sovereign, grants to the United States of America the rights necessary to manage, operate, and maintain the Panama Canal, The United States of America and the Republic of Panama have agreed upon the following: ARTICLE I DEFINITIONS For the purposes of this Agreement it shall be understood that: 1. "Panama Canal Commission" (hereinafter referred to as "the Commission") means the agency or agencies of the Government of the United States responsible for carrying out the responsibilities and rights of the United States under the Panama Canal Treaty with respect to the management, operation, and maintenance of the Panama Canal. 2. "United States citizen employees" means (a) nationals of the United States, to whom United States passports have been issued, who are employed by the Commission and assigned for duty in the Republic of Panama (including employees of other civilian agencies of the United States who are on temporary duty with the Commission or are otherwise visiting the area on official business of the United States), and (b) other categories of persons which may be agreed upon by the two Parties. 3. "Dependents" means the spouse and children of United States citizen employees, and other relatives who depend on them for their subsistence and who habitually live with them under the same roof. ARTICLE II COORDINATING COMMITTEE 1. A Coordinating Committee shall be establishe upon the entry into force of this Agreement to be composed of one representative of the United State and one representative of the Republic of Panama & equal authority within the Committee, each of tho may have one or more deputies, on a parity bas 2. The Coordinating Committee shall perform the functions specifically indicated by the provis of this Agreement, and others entrusted to it “t both Governments concerning implementation í this Agreement. 3. The Coordinating Committee shall estabist its rules of procedure within the spirit of this Agr ment and may designate such subcommittees is may deem necessary for the fulfillment of its functions. 4. The Coordinating Committee shall be organımı so that it may meet promptly and at any time spor request of the representative of the United Sta or of the Republic of Panama. The Coordinatz Committee shall send periodic reports on its activite to the Governments of the United States and the Republic of Panama. 5. The Coordinating Committee shall refer ar matters which it has not been able to resolve to the two Governments for their consideration thend appropriate channels. ARTICLE III USE OF LAND AND WATER AREAS 1. Canal Operating Areas: With respect to th areas and installations described in paragrap of Annex A of this Agreement (hereinafter referre (b) The United States shall have the right to e any portion of the Canal operating areas for ilitary training, when such use is determined by e United States to be compatible with continued ficient operation of the Panama Canal. 2. Housing Areas: The areas and installations t forth in paragraph 2 of Annex A of this Agreement hereinafter referred to as "housing areas") shall dedicated to the primary purpose of housing nited States citizen employees and dependents. he housing areas shall be administered in accordance ith the regime of civil coordination established in rticle VI of this Agreement. 3. Accessory Facilities and Installations: The 'nited States may continue to use those accessory acilities or installations used in connection with the anagement, operation and maintenance of the 'anal on the date this Agreement enters into force, ut which are located outside the areas and installaons otherwise made available for the use of the nited States pursuant to the Panama Canal 'reaty. A description of such facilities is set forth in aragraph 3 of Annex A to this Agreement. The 'nited States, at its expense, may maintain, improve, eplace, expand or remove these facilities and instalations. The United States shall have unimpeded ccess to these and all other facilities and installations ised in connection with the management, operation, r maintenance of the Canal. 4. Anchorages: The United States shall have free ind unimpeded access to and use of the anchorages le-cribed in paragraph 4 of Annex A, for the purposes of exercising its rights and fulfilling its responsibilities concerning the movement and anchoring of vessels inder the Panama Canal Treaty and related agreenents. The United States may own, use, operate, espect, maintain or replace equipment, facilities and navigational aids in these areas. The United States -hall have the right to increase the size of the anchorages as may be necessary or convenient, within the areas described in paragraph 5 of Annex Å. 5. Special Areas: Those additional land and water areas set forth in paragraph 6 of Annex A are subject to the procedures set forth in Article IV of this Agreement in order that activities incompatible with the efficient management, operation, or maintenance of the Canal shall be precluded. 6. Annex A of this Agreement shall be examined every five years or by agreement between the two Parties, and shall be revised by exchange of notes or other instrument to reflect any agreed elimination or change in areas. The United States may notify the Republic of Panama at any time that the use of an area, or of a specified portion thereof, or other right granted by the Republic of Panama, is no longer required. Under such circumstances, such use or other right shall cease on the date determined by the two Parties. 7. (a) The United States may, at any time, remove from the Republic of Panama, or, in accordance with such conditions as may be agreed upon by the two Parties, dispose of in the Republic of Panama, any equipment, material, supplies or other removable property brought into, acquired or constructed in the Republic of Panama by or for the Commission. In case of disposal within the Republic of Panama, preference will be given to the Government of the Republic of Panama. (b) All equipment, installations, material, supplies or removable property left by the United States in an area made available under this Agreement beyond 90 days from the date the use of such area by the United States ceases shall, unless agreed otherwise by the two Parties, become the property of the Republic of Panama. 8. The Commission may employ watchmen to protect the security of selected installations within the area- made available for the use of the United States under this Agreement, it being understood that such installations do not include housing or other installations not devoted to the management, operation or maintenance of the Panama Canal. Such watchmen shall not have powers of arrest or other general police powers. They may, however, temporarily detain persons believed to be committing or to have just committed an offense against applicable laws or regulations, and shall promptly tran-fer custody to the appropriate police authorities. The Commission shall provide to the authorities of the Republic of Panama through the Coordinating Committee a list identifying the individuals employed by watchmen, and shall promptly notify the it as |