POSSIBILITY OF PANAMA PROCEEDING UNILATERALLY AND MILITARILY Senator CASE. Suppose Panama concluded that the neutrality of the canal had been jeopardized and we happened to disagree with them. It is my understanding that they, as would we in similar circumstances, could proceed unilaterally and militarily to assure that neutrality they felt had been jeopardized. Secretary VANCE. That is correct. Ambassador BUNKER. Yes. COULD PANAMA INVITE OTHER POWERS TO HELP MAINTAIN NEUTRALITY? Senator CASE. My question is: Could Panama in those circumstances invite other powers to assist them in maintaining that neutrality? Secretary VANCE. I don't think there is anything that specifically precludes it, except possibly the provision about other forces on its territory. Let me get that provisions. Senator CASE. You don't have to do it right now, but I think it is a question that it would be of great interest to have answered. Secretary VANCE. Here it is. This is article V of the neutrality treaty: After the termination of the Panama Canal Treaty, only the Republic of Panama shall operate the canal and maintain military forces, defense sites, and military installations within its national territory. Senator CASE. Would you think that that prevented the Panamanians from calling in some other country friendly to them to help them in maintaining neutrality, an obligation which they have and a right which they have under the continuing agreement? Secreary VANCE. I think it would raise a question, a question that would have to be raised with us. Senator CASE. I see. If you have anything further you wish to say in regard to that, I would be very happy to have you do it for the record. Secretary VANCE. Very well. ARE THERE AGREEMENTS COMMITTEE HAS NOT RECEIVED? Senator CASE. Mr. Linowitz, in answer to one question, I think it was Senator Glenn's, you made the statement that there are no agreements or understandings that have not already been made public or will be made public. Was there any particular importance to the latter part of your answer? Are there any agreements we have not already received? Ambassador LINOWITZ. Senator, I just was not sure that all the notes had been made public. That is why I was hedging. What I was trying to say was that everything that has been signed that will be made public already has been. I just want to be sure that I convey that. Senator CASE. To make us a little more easy in the matter, we would rather be assured before we vote on this that we have everything. Ambassador LINOWITZ. You will. I am told, Senator, that now everything has been sent to the committee. Senator CASE. I see. Thank you very much, indeed. The CHAIRMAN. Senator Baker, did you have anything further? Senator BAKER. Yes, Mr. Chairman. Thank you very much. Secretary VANCE. Mr. Chairman, I have a problem. I am supposed to be meeting with Secretary General Waldheim at 3 o'clock in New York, and I am afraid I am not going to be able to get there if I don't leave pretty soon. My colleagues can stay, though. PROVISIONS OF LAW SUPERSEDED BY TREATIES The CHAIRMAN. May I make one request of you, please? Would you provide, not now, but for the record, a list of all provi sions of law that will be superseded by these treaties if they are ratified? [The information referred to follows:] STATUTES TO BE AFFECTED BY THE PANAMA CANAL TREATY AND IMPLEMENTING LEGISLATION [Supplied by Department of State] I. PROVISIONS TO BE REPEALED BY LEGISLATION A number of existing provisions of law would be directly repealed through implementing legislation to be proposed by the Administration, to avoid inconsistencies with the new Panama Canal Treaty. Since the Administration is still considering the implementing legislation it will propose to the Congress, a definitive list cannot be compiled at this time. However, the following will be included within the statutes which would be repealed by that legislation: Panama Payments Appropriations The appropriation of an annual annuity payment to Panama was made in the Departments of State, Justice, and Commerce, The Judiciary, and Related Agencies Appropriation Act of 1974 (P.L. 93-162; 87 Stat. 636). This appropriation would be repealed and, in its place, the new Panama Canal Commission would be authorized to make payments to Panama directly from Canal operating revenues. 22 U.S.C. § 2778 (d) Makes applicable in the Canal Zone the licensing and related requirements of the Arms Export Control Act. 50 U.S.C. § 191, second paragraph Authorizes Governor of Canal Zone to regulate and seize foreign vessels during national emergencies. 50 U.S.C. § 191b Preserves other authorities of the Governor of the Canal Zone during periods of national emergencies. 2 Canal Zone Code §§ 1-3, 31-33, 333-334 These provisions relate to the establishment of the Canal Zone, Canal Zone Government, and geographic areas in the Canal Zone. 2 Canal Zone Code §§ 34-35 Authorizes the Governor to summon military assistance in Canal Zone, and the President to supercede civilian authority in the Canal Zone with martial law during national emergencies. 2 Canal Zone Code § 62(e) Directs that the Panama Canal Company make interest payments to the Treas ury (conforming amendments would also be made to delete references to these interest payments in sections 62(f), 70 and 72 of title 2, Canal Zone Code). 2 Canal Zone Code § 231 Relates to funds of the Canal Zone Government, which would be discontinued under the Treaty. 2 Canal Zone Code § 271 Relates to the authority of the Governor to settle claims arising from civil government in the Canal Zone. 2 Canal Zone Code § 371 Relates to the acquisition of buildings and equipment by the Canal Zone Government. 2 Canal Zone Code §§ 101-102 Relates to employment with the Canal Zone Government. 2 Canal Zone Code § 123 Concerns hours of work for telegraph operators and train dispatchers of the Panama Railroad, the operation of which would be assumed by Panama under the Treaty. 2 Canal Zone Code §147 Authorizes designation of positions which, for security reasons, must be filled with a U.S. citizen. 2 Canal Zone Code § 154 Requires that training programs be conducted without discrimination as to citizenship, which would be inconsistent with Treaty requirements concerning employment and training preferences for Panamanians. 3 Canal Zone Code § 144(d) and § 146. Establishes a ceiling of 25 percent on additional compensation authorized for employees. 3 Canal Zone Code §§ 5 (d), 7(d), and 45(d). Requires that certain court and related officials reside in the Canal Zone. 2 Canal Zone Code § 1331. Provisions relating to licensing of vessel operators and penalties for violations would be repealed as inconsistent with the limited U.S. jurisdiction under the Treaty. 6 Canal Zone Code §§ 5081-5092. Relates to authority of the Canal Zone Government (as opposed to the United States Government) to extradite persons to the Republic of Panama. II. PROVISIONS SUPERSEDED BY THE TREATY Many provisions of existing law would be clearly inconsistent with, and hence superseded by, the new Panama Canal Treaty. These provisions by and large relate to regulatory and other domestic governmental functions in the present Canal Zone that would no longer be exercised by the United States under the Treaty. Some of the provisions that would be superseded in whole or in part follows: 12 U.S.C. §§ 202 and 1748 (g); 15 U.S.C. §§ 78c(a)(16), 80a-2(a) (39), 80b-2 (a) (19), 1391 (12), 2052 (a) (10), 2203 (7) and 2301(15); 20 U.S.C. § 403 (a); 29 U.S.C. §§ 213 (ƒ), 302 (a) (9), 402(b) and 630 (i); 38 U.S.C. § 101 (20); and 42 U.S.C. §§ 2000e (i), 2021(n) and 5402 (12). These sections include the Canal Zone within the definition of the term "State" for purposes of provisions relating to or under the Bank Conservation Act, Armed Services housing mortgage insurance, the Secuities Exchange Act, the Investment Companies and Investment Advisers acts, the Motor Vehicle Safety Standards and Information acts, the Consumer Product Safety and Warranties acts, the Fire Prevention and Control legislation, the National Defense Education Act, grants to meet teacher shortages, the Welfare and Pension Plans Disclosure Act, the Labor-Management Reporting and Disclosure Act, age discrimination in employment water quality control, Veterans educational assistance, nurse training, Equal Employment Opportunity, the Atomic Energy Act, and the National Mobile Home Construction and Safety Standards Act. 8 U.S.C. § 1185 (d); 16 U.S.C. §§ 951(e) and 1362 (14): 33 U.S.C. §§ 1321 (a) (5), 1322 (a) (4) and 1402 (d); 42 U.S.C. § 2014 (bb); 50 U.S.C. §§ 47f (d), 82(a) and 782 (9). These sections include the Canal Zone in definitions of the term "United States" for purposes of provisions relating to travel control during national emergencies, Tuna Conventions, Marine Mammal Protection, oil pollution prevention and control, control of sewage from vessels, Ocean Dumping, the Atomic Energy Act, the Atomic Weapons Rewards Act, procurement of ships and materials during wartime, and the Subversive Activities Control Act. 10 U.S.C. §§ 594, 3392, 3845, 3851, 8381, 8392, 8845, 8851 and 8852. Air Force reserve officers serving as adjutants general to the Canal Zone Government. 10 U.S.C. §§ 269 (g), 270 (c), 672(b) and (d), 3364(g) and (j) and 3370(d). Authority of Governor of Canal Zone over members of National Guard. 19 U.S.C. § 1482 (ƒ). Certification of invoices by customs officers in Canal Zone. 32 U.S.C. § 109. Right to Canal Zone Government to maintain forces in addition to National Guard. 29 U.S.C. § 217. District Court of the Canal Zone to have jurisdiction to restrain violations of the Fair Labor Standards Act. 33 U.S.C. §§ 1321 (n), 1322 (m) and 1402(g). Jurisdiction of District Court of the Canal Zone over violations of provisions governing discharge of oil and other hazardous substances, on marine sanitation devices and on ocean dumping. 45 U.S.C. § 52. Liability of railroad carries to employees in the Canal Zone. 12 U.S.C. §§ 1752 (5), 1771(a) and (b) and 1772. State credit unions organized under the laws of the Canal Zone. 50 U.S.C. § 858. Applicability to Canal Zone of provisions requiring registration of persons trained in foreign espionage systems. 8 U.S.C. § 1101 (a) (9). Authority of Governor of Canal Zone to appoint consular officers. 47 U.S.C. § 606 (c). Authority of President to control radio communications in Canal Zone during national emergencies. 29 U.S.C. § 653 (a). Occupational Safety and Health Act applicable in Canal Zone. 26 U.S.C. § 7651 (4). Canal Zone treated as U.S. possession for purposes of tax collection and administration. 41 U.S.C. § 10(c). Establishes preferences for American materials and contractors in constructing public works in the Canal Zone. III. OTHER AFFECTED PROVISIONS There are a number of other provisions that would be continued, but modified by the implementing legislation in the light of the Treaty. Most of the changes would be accomplished by definitional enactments-for example by changing the terms "Panama Canal Company" and "Canal Zone Government" to read "Panama Canal Commission"; by having those references to the "Canal Zone" which apply to events after the Treaty takes effect be construed to mean areas in Panama used or regulated by the United States pursuant to the Treaty; and by conforming judicial and law enforcement functions to Treaty requirements (e.g., those under Article XI of the Treaty). Provisions affected by these or similar changes would include: 2. Canal Zone Code §§ 62 et seq., 291 et seq. and 411 et seq.; 5 U.S.C. § 305 (a) (7), 28 U.S.C. § 2680 (m); 31 U.S.C. §§ 82e and 841 et seq.-with respect to the new Panama Canal Commission, its financial management, tolls, and claims against the Commission. 5 U.S.C. §§ 5102 (a) (1) (vii) and (c) (12), 5342(a) (1) (G), 5348(b), 5504(a), 5541(e) (xii), 5583(b) (2), 5724a (a) (3) and (4), 5921(6) (B), 6301(2)(iv), 8131(d), 8138 (b), 8146, 8335 (e), 8701(a) (B) and (8901(1) (ii); and Canal Zone Code §§ 121 and 141 et seq.-with respect to employees of the United States in the Canal Zone. 5 U.S.C. § 7901(f); 24 U.S.C. § 196; 6 Canal Zone Code § 4784; and 7 Canal Zone Code § 2;-with respect to health programs for U.S. employees in the Canal Zone. 28 U.S.C. §§ 41, 569, 753 (a), 1821, 1863 (b) (2) and 1871; 2 U.S.C. § 130b; 18 U.S.C. §§ 14, 3183, 3241, and 4217; and titles 3-8 of Canal Zone Code- with respect to Court and law enforcement functions and the jurisdiction of the United States to apply civil and criminal laws during the 30-month transition period under Article XI of the Treaty. 8 U.S.C. § 1151 (a); 10 U.S.C. §§ 4342(a) (8), 6954 (a) (8) and 9342(a) (8); 19 U.S.C. § 126, 20 U.S.C. § 79 et seq.; 37 U.S.C. § 101; 39 U.S.C. § 3682; and 49 U.S.C. §§ 1156 and 1241(b) (1),—these sections relate to continuing U.S. laws such as those pertaining to general immigration from the Canal Zone and other parts of the Western Hemisphere, nomination of cadets to the service academies, imports from Panama and the Canal Zone, the biological area in Gatun Lake, armed forces provisions, mail sent to and from the Canal Zone, and the provision of air navigation and air traffic control services in both the Canal Zone and Republic of Panama. IV. The foregoing listings of statutes which would be affected by the Treaty are not exhaustive. There are also provisions in the United States Code and Statutes at Large which now apply territorially in the Canal Zone by virtue of the Zone's being considered a "territory or possession of the United States" for purposes of the application of those provisions. Those provisions will not apply to U.S. operations in Panama under the new Treaty. Secretary VANCE. Yes, indeed. We certainly will. Senator BAKER. Mr. Chairman, thank you very much. ORAL ASSURANCES CONCERNING INTERPRETATION On the point made by Ambassador Linowitz, as I remember, that all of the notes and documents have now been filed with the committee, I certainly don't dispute that and am glad for it. But I also recall the earlier statement that there were oral assurances that our interpretation of the neutrality treaty was in accordance with the testimony. here and not in accordance with the press conference in Panama on August 22. Is my recollection correct on that point? Ambassador LINOWITZ. The question was whether there were any. documents of any kind or any understandings of any kind having to do with the treaty which have not been made public or will not be made available. Senator BAKER. You are speaking of written understandings? Ambassador LINOWITZ. I will go beyond that. I did not understand that you were referring to conversations I might have had. The way this arose, the incident to which you refer, is when we became aware of Ambassador Escobar's statements in Panama, we called 1 |