The Republic of Panama declares that the Canal, as an international transit waterway,
shall be permanently neutral in accordance with the regime established in this Treaty.
The same regime of neutrality shall apply to any other international waterway that
may be built either partially or wholly in the territory of the Republic of Panama.
The Republic of Panama declares the neutrality of the Canal in order that both in
time of peace and in time of war it shall remain secure and open to peaceful transit
by the vessels of all nations on terms of entire equality, so that there will be no
discrimination against any nation, or its citizens or subjects, concerning the conditions
or charges of transit, or for any other reason, and so that the Canal, and therefore
the Isthmus of Panama, shall not be the target of reprisals in any armed conflict
between other nations of the world. The foregoing shall be subject to the following
requirements:
-
(a) Payment of tolls and other charges for transit and ancillary services, provided they
have been fixed in conformity with the provisions of Article III (c);
-
(b) Compliance with applicable rules and regulations, provided such rules and regulations
are applied in conformity with the provisions of Article III;
-
(c) The requirement that transiting vessels commit no acts of hostility while in the Canal;
and
-
(d) Such other conditions and restrictions as are established by this Treaty.
-
2 For the purposes of his Treaty, the terms “Canal,” “vessel of war,” “auxiliary vessel,”
“internal operation,” “armament” and “inspection” shall have the meanings assigned
them in Annex A to this Treaty.
The United States of America and the Republic of Panama agree to maintain the regime
of neutrality established in this Treaty, which shall be maintained in order that
the Canal shall remain permanently neutral, notwithstanding the termination of any
other treaties entered into by the two Contracting Parties.
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.
-
1 In recognition of the important contributions of the United States of America and
of the Republic of Panama to the construction, operation, maintenance, and protection
and defense of the Canal, vessels of war and auxiliary vessels of those nations shall,
notwithstanding any other provisions of this Treaty, be entitled to transit the Canal
irrespective of their internal operation, means of propulsion, origin, destination,
armament or cargo carried. Such vessels of war and auxiliary vessels will be entitled
to transit the Canal expeditiously.
-
2 The United States of America, so long as it has responsibility for the operation of
the Canal, may continue to provide the Republic of Colombia toll-free transit through
the Canal for its troops, vessels and materials of war. Thereafter, the Republic of
Panama may provide the Republic of Colombia and the Republic of Costa Rica with the
right of toll-free transit.
-
1 The United States of America and the Republic of Panama shall jointly sponsor a resolution
in the Organization of American States opening to accession by all States of the world
the Protocol to this Treaty whereby all the signatories will adhere to the objectives of this Treaty, agreeing
to respect the regime of neutrality set forth herein.
This Treaty shall be subject to ratification in accordance with the constitutional
procedures of the two Parties. The instruments of ratification of this Treaty shall
be exchanged at Panama at the same time as the instruments of ratification of the
Panama Canal Treaty, signed this date, are exchanged. This Treaty shall enter into
force, simultaneously with the Panama Canal Treaty, six calendar months from the date
of the exchange of the instruments of ratification.