IIA

Calendar No. 399

106TH CONGRESS

1ST SESSION S. J. RES. 37

Urging the President to negotiate a new base rights agreement with the

Government of Panama in order for United States Armed Forces to

be stationed in Panama after December 31, 1999.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 4, 1999

Mr. SMITH of New Hampshire introduced the following joint resolution; which

was read the first time

NOVEMBER 5, 1999

Read the second time and placed on the calendar

JOINT RESOLUTION

Urging the President to negotiate a new base rights agreement with the Government of Panama in order for

United States Armed Forces to be stationed in Panama

after December 31, 1999.

Whereas the Panama Canal remains a vital economic and

strategic asset to the United States, its allies, and the

world;

Whereas the United States has maintained a military presence in Panama since Panama gained its independence in

1903, ensuring the protection of the Canal and its unfettered operations;
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•SJ 37 PCS

Whereas the United States Armed Forces have depended

upon the Panama Canal for rapid transit in times of

global conflict, including during World War II, the Korean War, the Vietnam War, the Cuban Missile Crisis,

and the Persian Gulf War;

Whereas the 1977 Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal provides that

Panama and the United States have the joint responsibility to ensure that the Panama Canal will remain open

and secure, and provides that each signatory, in accordance with their constitutional processes, shall defend the

Canal against any threat to its neutrality and shall have

the right to act against threats against the peaceful transit of vessels through the Canal;

Whereas the Government of Panama, in the bilateral Protocol

of Exchange of instruments of ratification, agreed to consider negotiating future arrangements or agreements to

maintain military forces necessary to fulfill the responsibility of both signatories to maintain the neutrality of the

Canal;

Whereas the common interests of Panama and the United

States have produced close relations between the two nations and a shared interest in protecting the Canal and

its operations;

Whereas public opinion surveys in Panama consistently demonstrate that an estimated 70 percent of the people of

Panama support a continued United States military presence in Panama;

Whereas Panama and the United States are both confronting

growing problems with illegal drug trafficking, money

laundering, and narcoterrorism in the Western Hemi-
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•SJ 37 PCS

sphere, and those problems threaten peace and security

in the region;

Whereas facilities now utilized by the United States Armed

Forces in Panama are essential to the coordination of

any counter-narcotic efforts in the region;

Whereas the Revolutionary Armed Forces of Colombia

(FARC), a narco-trafficking terrorist organization, is operating from Panamanian territory and poses a risk to

the security of Panama and to the stability of Latin

America;

Whereas the former United States Ambassador to Panama

and others have protested the lack of transparency and

the unorthodox bidding process in the granting of leases

for the port facilities at Balboa and Cristobal in 1997

during the Administration of former Panamanian President Balladares; and

Whereas the passage of Panama Law Number 5 and the

lease agreements for the port facilities at Balboa and

Cristobal, because of reputed affiliations between the

leaseholder and the People’s Republic of China and the

People’s Liberation Army, have created concern about

the future security of the Canal and its continued unfettered operations and the future disposition of United

States facilities in Panama: Now, therefore, be it

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,That

3 it is the sense of Congress that—

4 (1) the President should negotiate a new base

5 rights agreement with the newly inaugurated Gov6 ernment of Panama—
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1 (A) to permit stationing of United States

2 Armed Forces in Panama beyond December 31,

3 1999; and

4 (B) to ensure that the Panama Canal re5 mains open, secure, and neutral, consistent with

6 the Panama Canal Treaty, the Treaty Con7 cerning the Permanent Neutrality and Oper8 ation of the Panama Canal, and the resolutions

9 of ratification thereto;

10 (2) the President should ensure that United

11 States military facilities which could be utilized for

12 stationing of United States Armed Forces shall be

13 fully maintained and secured if the Government of

14 Panama is willing to enter into good faith negotia15 tions for a continued United States military pres16 ence; and

17 (3) the President should consult with Congress

18 throughout the negotiations described in paragraph

19 (1).

Calendar No. 399

106TH CONGRESS

1ST SESSION S. J. RES. 37

JOINT RESOLUTION

Urging the President to negotiate a new base rights

agreement with the Government of Panama inorder for United States Armed Forces to be stationed in Panama after December 31, 1999.

NOVEMBER 5, 1999

Read the second time and placed on the calendar