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13043 Panama - Agreement Concerning the Use of Corozal Cemetery


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13043

 

 

CEMETERY

 

 

 

Agreement Between the
UNITED STATES OF AMERICA
and PANAMA

 

 

Signed at Panama City June 11, 1999

 

 

 

 


 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

PANAMA

Cemetery

Agreement signed at Panama City June 11, 1999;
Entered into force June 27, 2000.

AGREEMENT BETWEEN THE GOVERNMENT OF THE
UNITED STATES OF AMERICA
AND THE GOVERNMENT OF THE REPUBLIC OF
PANAMA CONCERNING USE OF THE
COROZAL CEMETERY
The Government of the United States of America and
the Government of the Republic of Panama (hereinafter
also, "the Parties"), in consideration of the significant
historic value of the Corozal Cemetery, located in
Panamanian territory, and in light of the spiritual
significance of the fact in those grounds lie the remains of
persons who worked in Panama at different times and
whose memory constitutes the patrimony of numerous
families in both countries, have agreed to the following:
1. The Republic of Panama, for the purpose of
preserving the cemetery's historic and spiritual
attributes, makes available to the United States of
America the exclusive use of the parcel of land of the
Corozal area described in detail in the maps set forth in
the Annex to this Agreement. This parcel of land, known
as "The Corozal American Cemetery" or "the Corozal
American Cemetery and Memorial", is hereinafter referred
to as "the Area".
2. For the purposes of this Agreement, the United
States of America designates as the authority responsible
for administration of the cemetery the specialized civil
organization known as the "American Battle Monuments
Commission", which is the institution charged with the
maintenance of United States historic cemeteries abroad,
or any other succeeding institution (hereafter, "the
Designated Authority").
3. For the purposes of providing adequate care and
maintenance for the cemetery, the United States of
America may erect tombstones and surrounding walls,
build roads, or inside trails or sidewalks, construct
commemorative monuments, streets, utilities, and
buildings necessary for providing adequate care and
maintenance for the cemetery, and in general, adopt the
NOTE: Maps will not be printed in this publication. These Maps are filed in the archives of
the Department of State.
necessary measures for the beautification and
maintenance of the Area. Installations that were present
before entry into force of this Agreement shall be
respected, and proposals for future installations other
than those authorized by this Agreement shall be
examined by the Republic of Panama and the Embassy of
the United States.
4. The Republic of Panama shall grant the United
States of America access to all public services necessary
for the use of the Area. The terms and conditions for
such use, prices, interest rates, and tariffs shall not be.
discriminatory nor shall they exceed those applicable to
the official institutions of the Republic of Panama.
5. It is understood that the intended use for the
Area requires respect and dignity. Consequently, the
Republic of Panama shall prohibit the building of
structures of any sort, or the performance of temporary
or permanent activities, if such structure or activity
would be incompatible with the nature or aesthetics of
the Area. Likewise, the Republic of Panama shall
prohibit the establishment of private or public easements
or other encumbrances that could affect or obstruct the
use for which the Area is intended.
6. Third parties shall not be permitted to use any
part of the Area. If the entire Area or any part thereof
ceases to be used for the purpose stipulated in this
Agreement, use of the Area will revert to the Republic of
Panama.
7. The United States of America may inhume or
exhume bodies of United States citizens and their
dependents. The following persons shall be considered
dependents of United States citizens:
a) Persons who, before entry into force of this
Agreement, have reserved parcels of land in the Area;
b) Persons who have close relatives interred in
the Area; and
c) Other persons, as determined by the
Designated Authority.
8. The United States of America shall adopt the
necessary measures to avoid public health risks in
connection with the transfer of mortal remains to be
interred in the Area or relocated in any other installation,
as well as, in general, in regard to compliance with the
responsibilities set forth in this Agreement.
9. Inhumations, exhumations, and transfers shall
be exempt from fiscal charges by the Republic of Panama.
Similarly, use the Area, non-removable improvements
made in the Area, and articles, materials, equipment and
other personal property (regardless of whether they are of
national or foreign origin) used by the United States of
America in furtherance of this Agreement, shall be free of
direct or indirect taxes or charges. This exemption shall
also apply to firms hired for the provisions of a service
directly related to the administration of the Corozal
American Cemetery, but only with regards to such
service. In these cases, the right of the Republic of
Panama to retain or collect taxes that may have been
paid, or may be due by, third parties with respect to acts
preceding the contracted service shall remain unaffected.
10. U.S. nationals designated by the United States
of America as responsible for the execution of this
Agreement, as well as their dependents, shall be accorded
privileges and immunities equivalent to those of the
administrative and technical personnel of the United
States Embassy.
11. The terms, conditions and requirements for the
hiring of Panamanian nationals by the United States of
America for purposes of this Agreements shall conform to
the labor provisions of the Republic of Panama.
12. Since the Area is part of the territory of the
Republic of Panama, such Area and its installations shall
be under the Panamanian flag. However, as a symbol of
tribute to the historic nature of the cemetery, the United
States flag may be displayed alongside the Panamanian
flag, but the Panamanian flag shall occupy the position
of honor. The representatives designated by the Parties
for this purpose shall agree on the manner in which the
flags shall be displayed in instances of national
mourning.
13. Any difference that may arise in relation to the
interpretation of this Agreement shall be resolved by the
Parties through the diplomatic channel.
14. This Agreement shall enter into force once both
Parties have notified each other through the diplomatic
channel that their respective domestic processes for
approval or ratification, as applicable, of the Agreement
have been completed. The Agreement may be terminated
by mutual consent of the Parties.
Done at Panama City, on the 11th day of June of 1999,
in the Spanish and English languages, both texts being
equally authentic.
FOR THE GOVERNMENT OF
THE UNITED STATES OF
AMERICA
FOR THE GOVERNMENT OF
THE REPUBLIC OF PANAMA
SIMON FERRO EDGAR SPENCE HERRERA
Ambassador to Panama Viceminister of Foreign
Relations



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