TNAG-1040-FCO40-1290-Future-of-Hong-Kong-1981 — Page 128

UNULIWA I

13. THE UNITED STATES OF AMERICA WILL PROVIDE AN APPROPRIATE EARLY OPTIONAL RETIREMENT PROGRAM FOR ALL PERSONS EMPLOYED BY THE PANAMA CANAL COMPANY OR CANAL ZONE, GOVERNMENT IMMEDIATELY PRIOR TO THE ENTRY INT O FORCE OF THIS TREATY. IN THIS REGARD TAKING INTO ACCOUNT THE UNIQUE CIRCUMSTANCES CREATED BY THE PROVISIONS OF THIS TREATY, INCLUDING ITS DURATION, AND THEIR EFFECT UPON SUCH EMPLOYEES, THE UNITED STATES OF AMERICA SHALL, WITH RESPECT TO THEM:

(A) DETERMINE THAT CONDITIONS EXIST WHICH INVOKE APPLICABLE UNITED STATES LAW PERMITTING EARLY RET IREMENT ANNUITIES AND APPLY SUCH LAW FOR A SUBSTAN - TIAL PERIOD OF THE DURATION OF THE TREATY;

(8) SEEK SPECIAL LEGISLATION TO PROVIDE MORE LIBEPAL ENTITLEMENT TO, AND CALCULATION OF, RET IREMENT ANNUITIES THAN IS CURRENTLY PROVIDED FOR BY LAW.

1

ARTICLE XI

PROVISIONS FOR THE TRANSITION PERIOD

1. THE REPUBLIC OF PANAMA SHALL REASSUME PLENAR Y JURISDICTION OVER THE FORMER CANAL ZONE UPON ENTRY INT O FORCE OF THIS TREATY AND IN ACCORDANCE WITH ITS TERMS. IN ORDER TO PROVIDE FOR AN ORDERLY TRANSITION TO THE FULL APPLICATION OF THE JURISDICTIONAL ARRANGE - MENTS ESTABLISHED BY THIS TREATY AND RELATED AGREE - MENTS, THE PROVISIONS OF THIS ARTICLE SHALL BECOME APPLICABLE UPON THE DATE THIS TREATY ENTERS INTO FORCE, AND SHALL REMAIN IN EFFECT FOR THIRTY CALENDAR MONT HS. THE AUTHORITY GRANTED IN THIS ARTICLE TO THE UNITED STATES OF AMERICA FOR THIS TRANSITION PERIOD SHALL SUPPLEMENT, AND IS NOT INTENDED 10 LIMIT, THE FULL APPLICATION AND EFFECT OF THE RIGHTS AND AUTHORITY

GRANTED TO THE UNITED STATES OF AMERICA EL SEWHERE IN THIS TREATY AND IN RELATED AGREEMENTS.

2. DURING THIS TRANSITION PERIOD, THE CRIMINAL AND CIVIL LAWS OF THE UNITED STATES OF AMERICA SHALL APPLY CONCURRENTLY WITH THOSE OF THE REPUBLIC OF PANAMA IN CERTAIN OF THE AREAS AND INSTALLATIONS MADE AVAILABLE FOR THE USE OF THE UNITED STATES OF AMER ICA PURSUANT TO THIS TREATY, IN ACCORDANCE WITH THE FOLLOWING PROVISIONS:

(A) THE REPUBLIC OF PANAMA PERMITS THE AUTHOR IT IES OF THE UNITED STATES OF AMERICA TO HAVE THE PRIMARY RIGHT TO EXERCISE CRIMINAL JURISDICT IO N OVER UNITED STATES CITIZEN EMPLOYEES OF THE PANAMA CANAL COMMISSION AND THEIR DEPENDENTS, AND MEMBERS OF THE UNITED STATES FORCES AND CIVILIAN COMPONENT AND THEIR DEPENDENTS, IN THE FOLLOWING CASES:

(I) FOR ANY OFFENSE COMMITTED DURING THE TRANSITION PERIOD WITHIN SUCH AREAS AND INSTALLATIONS, AN D

(II) FOR ANY OFFENSE COMMITTED PRIOR TOTO

THAT PERIOD IN THE FORMER CANAL ZONE.

THE REPUBLIC OF PANAMA SHALL HAVE THE PRIMARY

RIGHT TO EXERCISE JURISDICTION OVER ALL OTHER OF- FENSES COMMITTED BY SUCH PERSONS, EXCEPT AS OTHERWISE PROVIDED IN THIS TREATY AND RELATED AGREEMENTS OR AS MAY BE OTHERWISE AGREED.

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