TNAG-1040-FCO40-1290-Future-of-Hong-Kong-1981 — Page 130

1.

UNBLADOR ALT

ARTICLE XII

A SEA-LEVEL CANAL OR

A THIRD LANE OF LOCKS

THE UNITED STATES OF AMERICA AND THE REPUBLIC OF PANAMA RECOGNIZE THAT A SEA-LEVEL CANAL MAY BE IMPORT AUT FOR INTERNATIONAL NAVIGATION IN THE FUTURE. CON SE QUENTLY, DURING THE DURATION OF THIS TREATY, BOTH PART IES COMMIT THEMSELVES 10 STUDY JOINTLY THE FEASI- BILITY OF A SEA-LEVEL CANAL IN THE REPUBLIC OF PANAMA, AND IN THE EVENT THEY DETERMINE THAT SUCH A WATERWAY IS NECESSARY, THEY SHALL NEGOTIATE TERMS, .AGREEABLE TO BOTH PART IES, FOR ITS CONSTRUCTION.

2. THE UNITED STATES OF AMERICA AND THE REPUBLIC OF PANAMA AGREE ON THE FOLLOWING:

(A) NO NEW INTEROCEANIC CANAL SHALL BE

CONSTRUCTED IN THE TERRITORY OF THE REPUBLIC OF PANAMA DURING THE DURATION OF THIS TREATY, EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF THIS TREATY, OR AS THE TWO PARTIES MAY OTHERWISE AGREE; AND

(B) DURING THE DURATION OF THIS TREATY, THE

UNITED STATES OF AMERICA SHALL NOT NEGOTIATE WITH THIRD STATES FOR THE RIGHT TO CONSTRUCT AN INTEROCEANIC CANAL ON ANY OF HER ROUTE IN THE WESTERN HEMISPHERE, EXCEPT AS THE TWO PART IES MAY OTHERWISE AGREE.

3. THE REPUBLIC OF PANAMA GRANTS TO THE UNITED STATES OF AMERICA THE RIGHT TO ADD A THIRD LANE OF LOCKS TO THE EXISTING PANAMA CANAL. THIS RIGHT MAY BE EXERCISED AT ANY TIME DURING THE DURATION OF THIS TREAT Y, PROVIDED THAT THE UNITED STATES OF AMERICA HAS DELIVERED TO THE REPUBLIC OF PANAMA COPIES OF THE PLANS FOR SUCH CONSTRUCTION.

4. IN THE EVENT THE UNITED STATES OF AMERICA EXERCISES THE RIGHT GRANTED IN PARAGRAPH 3 ABOVE 1 IT MAY USE FOR THAT PURPOSE, IN ADDITION TO THE AREAS OT HERWISE MADE AVAILABLE TO THE UNITED STATES OF AMERICA PURSUANT TO THIS TREATY, SUCH OTHER AREAS AS THE TWO PARTIES MAY AGREE UPON. THE TERMS AND COND IT IONS APPLICABLE TO CANAL OPERATING AREAS MADE AVAILABLE BY THE REPUBLIC OF PANAMA FOR THE USE OF THE UNITED STATES OF AMERICA PURSUANT TO ART ICLE III OF THIS TREATY SHALL APPLY IN A SIMILAR MANNER TO SUCH ADDITIONAL AREAS.

5. IN THE CONSTRUCTION OF THE AFORESAID WORKS, THE UNITED STATES OF AMERICA SHALL NOT USE NUCLEAR EXCAVATION TECHNIQUES WITHOUT THE PREVIOUS CONSENT OF THE REPUBLIC OF PANAMA.

ARTICLE XIII

PROPERTY TRANSFER AND ECONOMIC PARTICIPATION

BY THE REPUBLIC OF PANAMA

1. UPON TERMINATION OF THIS TREATY, THE REPUBLIC OF PANAMA SHALL ASSUME TOTAL RESPONSIBILITY FOR THE MANAGEMENT, OPERATION, AND MAINTENANCE OF THE PANAMA CANAL, WHICH SHALL BE TURNED OVER IN OPERATING CONDITION AND FREE OF LIENS AND DEBIS, EXCEPT AS THE TWO PARTIES MAY OT HERWISE AGREE.

: