711F.1914/8–2947: Telegram
The Acting Secretary of State to the United States Delegation to the Inter-American Conference for the Maintenance of Continental Peace and Security
130. To Armour from Wright. Dept strongly recommends Secretary brief Senator Vandenberg45 on status defense sites negotiations with [Page 915] Panama. In view controversy over expiration date 1942 agreement, desirability making new agreement effective urgently, and fact that only Congress action needed to fulfill US obligations under agreement is appropriation funds for War Department, either earmarked or general, for rental payment, Dept hopes contemplated agreement can become effective as executive agreement without treaty procedure. However, most important that questions on that point not hinder signing agreement.
Advisable obtain Vandenberg reaction because during 1943 hearings Senate Foreign Relations Committee on matters affecting relations with Panama Dept criticized for not sending 1942 defense agreement to Senate as treaty. Committee was concerned particularly over language 1942 agreement expressly requiring approval by Panamanian National Assembly without any reference to Senate approval. Language 1942 agreement was justifiable because Panamanian Constitution specifically requires National Assembly approval of every agreement made by executive authority.
Contemplated agreement provides for bringing into force by notification of approval from each government to the other, leaving each free to take action deemed necessary before giving notification. This permits approval agreement by Panamanian National Assembly pursuant constitutional requirement and likewise makes it possible, if subsequently found necessary, to submit agreement for Senate approval before notification. Accordingly agreement can be signed without express commitment on national procedure to be taken before notification.
Proposed agreement will commit US Govt to certain financial obligations to Panama in annual rentals for sites obtained. Although no reference in agreement to need for appropriations, contemplated that 1942 procedure of payment through War Department appropriations will be followed. Agreement intended give effect US rights and obligations regarding defense Panama Canal under treaties 1903 and 1936 with Panama. US Obligations can be fulfilled under appropriate legislation. Dept believes agreement can properly be entered into without treaty procedure. However, discussion this matter need not be obstacle to signing agreement since national procedure prior to notification left open by agreement. [Wright.]
- Senator Arthur H. Vandenberg, Chairman, Senate Foreign Relations Committee, and a member of the Delegation to the Conference meeting in Rio de Janeiro.↩