711F.1914/2–747: Telegram

The Secretary of State to the Embassy in Panama

confidential
us urgent

51. Dept considers this Govt’s interests would be sufficiently protected by executive agreement as outlined Emb’s first question Embtel 65 Feb 7. As regards second question Dept’s opinion is that accompanying exchange of notes would be equally binding provided sentence is inserted in notes specifically referring to agreement and stating that notes form integral part thereof. Dept would agree to non-publication of accompanying notes if Panamanian officials consider that point vitally important but would feel it necessary to include notes with agreement in submission to UN Secretariat under Article 102 of UN Charter.14 Publication by UN would follow as a routine matter. Routine publication would be given by Dept several months after signature, but no press release would be made.

While Dept considers US would be legally protected on defense sites by executive agreement, question arises as to whether agreement entered into by Pres of Panama would be similarly binding legally on his Govt. Study of Panamanian constitution appears to indicate agreement would have to be submitted to National Assembly for consideration. Dept requests clarification this point by Emb and notification to Dept before Emb proceeds further with plans for possible executive agreement. Dept also desires Emb’s opinion on whether agreement negotiated while Panama is still in state of war would be equally binding under peacetime conditions.

If executive agreement should be decided on as preferable to treaty, Emb is directed to advise Dept as soon as that decision taken in order that prior to signature Congressional leaders may be advised informally of reasons for choice.

Marshall
  1. Department of State Treaty Series No. 993.