Office of the Historian

711F.1914/2–747: Telegram

The Ambassador in Panama (Hines) to the Secretary of State

confidential
us urgent
Panamá, February 7, 1947—11 a.m.

65. Embtel 58, February 4. Foreign Office this morning presented its rough draft of proposed executive agreement on defense sites. As was expected, draft is basically different from draft “D”. Embassy and commanding general are now drafting counterproposal. In considering Panamanian proposal and draft “D” following questions have arisen upon which I would like to have the Dept’s advice:

(1)
Can defense sites needs satisfactorily be covered and can we sufficiently be legally protected by an executive agreement? Panamanians might wish to negotiate same without approval of National Assembly to which agreement might be submitted for information only.
(2)
Would the necessary accompanying exchange of notes signed at the same time be as binding as executive agreement itself (a) if notes are referred to in executive agreement; and (b) if not mentioned in executive agreement. The Panamanian proposal for a short basic document, the provision of which would be general in tone, would necessarily oblige us to insist on an exchange of notes to define in some detail our legal rights and jurisdiction. It is believed that Panama might desire not to publish accompanying notes. Please advise.

Hines