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1 The Defense and Neutrality of the Panama Canal under the New Treaties 1 (1977)

handle is hein.usfed/dnpc0001 and id is 1 raw text is: The Depa'' ,,_rtment1o 'i~iI~iz~D~1I~ ir'tirlentUIVE RSITY OIF,CALIORI N1DEG of State _A 3 1822 02179 0241 SpeialReport No. 37 November 1977 Bureau of Public Affairs Office of Media Services The Defense and Neutrality of the Panama Canal Under the New Treaties The new Panama Canal Treaty and the Treaty Concerning the Permanent Neutrality and Opera- tion of the Panama Canal provide the framework for the United States permanently to protect the security of the Panama Canal and to assure its operation in accordance with the general principle of transit by the vessels of all nations on a non- discriminatory basis. The arrangements under which the United States will assure the security and neutrality of the Canal are in two forms: those which apply until 2000, while the United States operates, maintains and defends the Canal, and those which apply permanently thereafter. Panama Canal Treaty The arrangements in the Panama Canal Treaty for the protection and defense of the Canal until 2000 are based on the concept of a combined defense with Panama. However, under Article IV of the Treaty, the United States assumes primary responsibility to protect and defend the Canal throughout the period of United States operation of it. Panama has agreed further in Article IV that the United States may act unilaterally against a threat to the Canal from any source.* While the United States has undertaken in Article IV to attempt to maintain its military force in Panama at a level no greater than that in the Canal Zone at the entry into force of the Treaty (at present *Each party shall actin accordance with its constitu- tional processes, to meet the danger resulting from an armed attack or other actions which threaten the security of the Panama Canal or of ships transiting it. approximately 9300), the United States may in- crease that force as it deems necessary for the defense of the Canal. In addition, the Treaty and its related agreements grant to the United States the rights until the year 2000 to use the specified defense sites and military installations necessary for the protection and defense of the Canal. Article IV further provides for close coordina- tion and cooperation between the United States Forces and the Panamanian National Guard. This will be carried out through the military Combined Board established in the Treaty. It is anticipated that during the Treaty term the Panamanian Forces will assume an increasing degree of operational responsibility in the combined plans the Combined Board will develop for Canal defense. Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal Assurance of permanent access to the Canal for the United States after 1999 is provided by the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal (Neutrality Treaty). This Treaty enters into force simulta- neously with the Panama Canal Treaty and does not terminate regardless of the termination of any other treaty or agreement between the two coun- tries. The United States and Panama, during their respective periods as Canal operator, must operate the Canal in accordance with the regime of neu- trality which is established in the Treaty. Thus, after 2000, Panama is obligated to the United States to afford access to the Canal to United States vessels, in accordance with these same provi-