127. Instruction From the Acting Secretary of State to the Embassy in Panama1
SUBJECT
- Acquisition of Radar Stations in Panama
The interest of the Army in obtaining two hill-top areas in Panama for radar stations for the defense of the Canal, reported by the Embassy in its telegram No. 64 of September 16,2 is the subject of a letter addressed to the Department on October 19 by the Department of the Army.3 A copy of this letter is attached for the information of the Embassy. (OSA, C&R Control No. 4170.)
The Embassy will note that the request of the Caribbean Command for negotiations for the use of these stations has been approved by the Department of the Army. It is, of course, unfortunate that the need for these stations could not have been foreseen in time for inclusion in the recent negotiations with Panama which culminated in the treaty signed last January. The Department of the Army states that the original planning for this program was based upon the utilization of stations within the Canal Zone but that subsequent studies have shown the greater desirability of stations outside the Zone for the reasons stated in the first paragraph of the attached letter.
The Department concurs in the opinion of the Department of the Army that a request for the use of these stations in perpetuity would meet with strong opposition in Panama. Moreover, the Department of the Army considers that the rapid pace of developments in weapons and concepts of defense make unnecessary a request for the use of these stations in perpetuity. The Department, therefore, concurs in the recommendation that these stations be obtained on the same terms as the grant of the Rio Hato area in the 1955 Treaty, [Page 261] that is, for a period of fifteen years subject to extension thereafter as agreed to by the two Governments. Article VIII of the 1955 Treaty contains additional terms of occupancy and the Embassy should consult with CINCARIB with a view to determining which of those terms may be pertinent and necessary in connection with these new stations. The requested authority to construct necessary access roads with power, cable and water line rights of way may present difficulties. This was one of the thorniest problems encountered in the 1947 defense sites negotiations.4
In view of the very generous treatment accorded Panama under the Treaty of 1955, and of the fact that the defenses of the Canal are not only a mutual concern of the Republic of Panama but also afford protection to Panama City as well, the Department believes that Panama should be asked to grant the use of these stations without cost to this Government, if the lands in question are public lands. If, however, the Government of Panama should find it necessary to extinguish private titles in order to make these lands available, consideration might be given by this Government to reimbursing the Government of Panama to this extent. However, this possibility should not be mentioned at this time to the Government of Panama and if private land titles are found to be involved, the Embassy should report this fact at once to the Department.
The request for these stations and related rights undoubtedly will not be welcomed by the Government of Panama. Nevertheless, it is precisely this type of unforeseen contingency which was provided for in Article II of the 1936 Treaty5 and it is upon this Article that the request should be based. The Article provides full and sufficient grounds for the request and under it Panama is obligated to agree.
The Embassy is requested to initiate conversations at once with the Government of Panama for the use of these two stations, on the terms indicated above and in the attached letter. The Embassy should, of course, work in close collaboration with the Canal Zone authorities in this matter and should keep the Department fully informed of the course of the negotiations.
The Department desires that the term “defense sites” be studiously avoided in all references to this subject. The expression “radar [Page 262] stations” not only is more accurate but is free of the unhappy connotations of the former term in Panama.6
- Source: Department of State, Central Files, 611.1913/10–1955. Secret. Drafted by Sowash on October 28 and approved by Newbegin.↩
- In telegram 64, Ambassador Harrington recommended that he be authorized to approach Panamanian Foreign Minister Alberto Boyd with a view to obtaining the use of lands required by the Department of the Army for radar sites. (Ibid., 611.1913/9–1655) Harrington was appointed Ambassador to Panama on July 27; he presented his credentials to the Panamanian Government on August 30.↩
- In this letter to Holland, George H. Roderick, Assistant Secretary of the Army for Civil–Military Affairs, stated “currently approved Army programs provide for the deployment of a Surface to Air Guided Missile Battalion (Nike) to the Caribbean Command during Fiscal Year 1957.” He stated further that Lieutenant General William H. Harrison, USA, Commander in Chief, Caribbean (CINCARIB), had requested that authority be obtained from the Panamanian Government to establish two radar sites on a permanent basis in the Republic of Panama.↩
- For documentation, see Foreign Relations, 1947, vol. vii, pp. 881 ff. The text of the proposed Defense Sites Agreement of 1947, signed but not ratified, is Ibid., pp. 932–941.↩
- For text of the treaty, see 53 Stat. 1807.↩
- On November 29, Ambassador Harrington presented an aide-mémoire to Panamanian Foreign Minister Boyd which formally requested that the United States be granted sites in Panama for radar equipment to be used in connection with the installation of Nike defenses in the Canal Zone.↩