Proposed Bill to Halt the Transfer of the Panamanian Canal on December 1, 1999

ACTION: Read & Pass on to your Congressmen

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October 17,1999

To all American Patriots;

The members of the Independent American Party of Utah are quite concerned with the projected loss to our nation of the Panama Canal. We feel that there are many reasons for the Treaties transferring control of the Canal to Panama to be repealed. We have detailed these reasons in the following proposed Bill. Please study these reasons and then contact your Representative and Senators asking them to sponsor or co-sponsor legislation repealing the Carter - Torrijos treaties.

United States control of the Canal in Panama is vital to our national security. The Panama Canal need not be lost. This battle can be won, and control of the Panama Canal can be retained. Please study our reasons for the repeal of the 1977 treaties and then send or give this material to every Patriot that you know, and ask them to do the same. We will create a huge groundswell of popular support for those Senators and Congressmen who support retaining control of the Panama Canal. We only ask that you send the material unchanged and give credit to the source.

We are sending this information to over 50 patriotic organizations nationwide, asking for their help in publicizing this proposed bill with their members. Please send it to every patriotic organization that you know. We will be praying for you as you support the repealing of the Carter - Torrijos treaties.

Sincerely,

Will Christensen Utah State Chairman Independent American Party

 

_________________________________________________

H.R.______ as introduced in the House, October ___ 1999 _________________________________________________

106th CONGRESS 1st Session

H. R. ______

_____________________________________

IN THE HOUSE OF REPRESENTATIVES

October __, 1999 Mr. __________________ introduced the following bill; which was referred to the Committee _____________________________________

A BILL To repeal the 1977 Senate ratification (with reservations) of the treaties signed by President Carter known as the Panama Canal Treaty and The Neutrality Treaty, to affirm the validity of the Hay-Bunau-Varilla Treaty of 1903 as the Law of the Land for all officers and agents of the United States government, and to provide an appropriation for the officers of the United States to resume control and operation of the Panama Canal effective December 1, 1999.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE

This act may be cited as the American Coastal Defense Act of 1999.

SECTION 2. FINDINGS.

Congress makes the following findings: (1) In 1880, almost 25 years before the United States completed the canal in Panama, President Rutherford B. Hayes told the Senate that the Canal . . . "would be the great ocean thoroughfare between our Atlantic and Pacific shores and virtually a part of the coast of the United States."

(2) The 1903 Hay - Bunau - Varilla Treaty between the governments of Panama and the United States conveyed to the United States "in perpetuity" a ten-mile wide strip of land and waterway across the isthmus for construction of a canal.

(3) The 1903 Hay - Bunau - Varilla Treaty specifies that at no future point in time the United States be required to cede or give up control and maintenance of the Panama Canal Zone.

(4) The Hay-Bunau-Varilla Treaty of 1903 is still in force since, by the Constitution, treaties must be repealed by both houses of congress. The House of Representatives has not repealed the Hay-Bunau-Varilla Treaty of 1903.

(5) The two more recent treaties between Panama and the United States (negotiated by Carter and Torrijos) are fatally flawed by the fact that the United States Senate did not ratify the same version of the treaties agreed to by Carter and Torrijos and signed by Torrijos.

(6) Article IV, Section 3 of the United States Constitution requires that both the House of Representatives and the Senate concur in the disposition of United States property. The United States purchased the Canal Zone from Panama in 1903. The House of Representatives has not voted on any legislation to dispose of the Panama Canal Zone or the Panama Canal.

(7) The Panama Canal remains a critical and strategic facility for world peace and world trade.

(8) For 96 years the government of the United States has faithfully and unfailingly exercised its prerogatives over the Panama Canal Zone with the intent of world peace, fair trade, and good will among nations.

(9) The Potential abdication of The United States of its duties over the Panama Canal will create a void which will likely be filled by governments and entities which are hostile to the traditional peaceful role which the world expects of a custodian of the Panama Canal Zone.

(10) The Peoples Republic of China is poised to fill a void to be created by the abdication of control of the Panama Canal by the United States.

(11) The Peoples Republic of China has recently threatened the United States with nuclear strikes over issues related to Taiwan, and thereby demonstrated its determination to use fear and blackmail to further its aggressive agenda.

(12) There is strong evidence that the Peoples Republic of China would use the Panama Canal Zone to establish a nuclear presence for itself in the Western Hemisphere.

(13 The Senate ratified a radically different and conflicting treaty from the one Panama ratified, notably the addition of the DeConcini Reservation in the United States version. The De Concini Reservation recognizes the right of the United States to use military force to keep the canal open, with or without Panama's consent. Panama did not accept the DeConcini Reservation.

(14) Panama Law No. 5, Article 2.8 authorizes Hutchinson Whampoa, a Hong Kong Corporation with strong ties to COSCO, the merchant marine arm of the People's Liberation Army, to "transfer Contract rights" to any third party "registered" in Panama. This list includes Iraq, Iran, Libya, and of course Communist China.

(15) Panama Law No. 5, Article 2.10c grants Hutchinson Whampoa the "right" to operate piloting services, tugs and work boats, which in combination with Article 2.12i, which guarantees Hutchinson Whampoa the "right" to designate their own Canal pilots, change the rules for boarding vessels, etc., thereby effectively giving their agents control of which ships are allowed to pass through the Canal.

(16) Panama Law No. 5, Article 2.11d violates the guarantee of "expedited treatment" of U.S. warships agreed to in Article VI and Amendment (2) of the Panama Neutrality Treaty by denying use of such facilities if such use would interfere with Hutchinson Whampoa's operations.

(17) Panama Law No. 5, Article 2.10e grants Hutchinson Whampoa the "right to control Diablo Road and Gaillard Avenue as private roads instead of public roads, thereby cutting off access to strategic areas of the Canal.

(18) Panama Law No. 5, Article 2.1 grants Hutchinson Whampoa the option of controlling Diablo (town site) and Telfers Island, the latter a potential monitoring site for Galeta Island. The strategic U.S. communications station on the Atlantic side, could allow Communist China to spy on the United States.

(19) Panama Law No. 5, Article 2.12a grants Hutchinson Whampoa priority to all piers, including private piers, at Balboa and Cristobal, plus an operating area at Albrook Air Force Station. (Will the Chinese j-11 attack aircraft use the operating area in the future?)

(20) There are strong sentiments within Panama for the United States to retain its control and duties as custodian of the Panama Canal Zone.

(21) Panama Law No. 5 violates Article No. 274 of the Panamanian Constitution which requires a plebiscite on Panama Canal matters. No plebiscite was held.

(22) The Panama Constitution requires that the Panamanian President sign all treaties. Demetrio Lakas, President of Panama at the time of the signing, didn't sign either the US version or the Panamanian version of the 1977 treaties.

(23) Panama's Legislative Assembly's Law No. 5 violates various provisions of the Carter-Torrijos agreements.

SECTION 3. REPEAL

The treaties signed by President Carter and Omar Torrijos in 1977, known as the Panama Canal Treaty and The Neutrality Treaty, as ratified by the Senate with "reservations" are hereby repealed in total, and any and all of their provisions are declared null, void, invalid, and of no effect.

SECTION 4 REAFFIRMATION

The validity of the Hay-Bunau-Varilla Treaty of 1903 is hereby affirmed and declared to be the ruling document for implementation by all officers and agents of the United States government.

SECTION 5. APPROPRIATION

An appropriation of $100,000,000 (one hundred million dollars) is hereby made for the officers and agents of the United States government to resume its obligations under the Hay-Bunau-Varilla Treaty of 1903 and resume operation of the Panama Canal.

SECTION 6. EFFECTIVE DATE

The repeal of the 1977 Senate ratification of the Panama Canal Treaty and The Neutrality Treaty, and the resumption of control and operation of the Panama Canal by officers and agents of the United States government shall take effect December 1, 1999.

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