Date sent:        Sat, 07 Feb 1998 12:22:34 -0600
From:             Michael Novick <mnovickttt@pop.igc.apc.org>

This strikes me as the recolonization of Panama or the "canal zone" under
the pretext of fighting the drug war.--MN
 

From pmanews@panama.c-com.net  Sat Feb  7 08:21:09 1998
Subject: long but important document... analysis will come later
Status: RO

Text of the draft anti-drug center proposal
translated by Eric Jackson

Agreement between the Government of the Republic of Panama and the
Government of the United States of America with regard to the Multinational
Center to Fight Against Drug Trafficking
        The government of the Republic of Panama and the government of the
United States of America:
        Affirming that their cooperation is founded upon mutual respect for
each other's sovereignty and equality;
        Recognizing that there exists a mutual interest in controlling the
production, trafficking and consumption of drugs, since these activities
affect the regional effort to maintain a hemisphere where peace, democracy
and sustainable economic development prevail;
        Sharing the firm conviction that illegal traffic in drugs
represents a scourge that endangers not only life but also the moral fiber
of our peoples and constitutes a true threat to world security;
        Taking into account that both nations are signatories of the 1988
United Nations Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances and are committed to collaborate to comply with
these arrangements;
        Recognizing that Panama's strategic location facilitates regional
efforts against traffic in illegal narcotics;
        Recognizing, moreover, that there are important contributions by
other countries in the region to the efforts to fight against drug
trafficking that develop from Panama, and with the aim of promoting their
uninterrupted participation in these efforts once the Center to Fight
Against Drug Trafficking is established;
        Reaffirming the promise to do everything within their capacity to
promote the continuous participation of other countries, within and outside
of the region, in the efforts against drug trafficking with a view that
they adhere to this accord within the shortest possible time;
        Bearing in mind that international cooperation is an essential
element to confront this global threat;
        The following is agreed:
ARTICLE I: ESTABLISHMENT AND PURPOSE
        The government of the Republic of Panama shall establish a
Multinational Center to Fight Against Drug Trafficking (CLN), in order to
create a forum that facilitates communication and assures effective
cooperation against illegal drug trafficking and related crimes. The
participants in the CLN shall include the government of the Republic of
Panama, the government of the United States of America and other states
that are parties to this accord (hereafter denominated "the parties").
ARTICLE II: ORGANIZATION
        1. There shall be established a CLN Council composed of the foreign
affairs ministers of each party or their delegates, which shall formulate
the general policies necessary for the functioning, administration and
objectives of the CLN. Each member of the Council shall designate an
alternate who shall replace him or her during absences. This Council shall
establish its own rules and its decisions shall be taken by consensus.
        2. There shall be established a Permanent Committee of CLN
Representatives, which, under the general direction of the CLN Council,
shall be responsible for guaranteeing the coordination and administration
of the CLN's daily activities and those of its General Secretariat, in
conformance with the arrangements in Article IX. Each member of the
Permanent Committee shall be chosen by its government, paying particular
attention to his or her experience in the functions that the CLN shall
carry out. The Permanent Committee shall elect a president and a
vice-president from among its members. The Permanent Committee shall carry
out its tasks with a quorum of two-thirds of its members, and the decisions
shall be made by consensus. The Permanent Committee shall adopt other rules
of procedure that become necessary. The Permanent Committee shall make a
report of its activities to the CLN Council annually, or when this is
requested of it.
        3. The Government of the Republic of Panama shall, subject to its
constitutional and legislative requirements, confer upon the CLN Executive
Secretariat the legal capacity necessary for the exercise of its functions,
in particular, the capacities to contract, acquire and dispose of real or
personal property, and initiate judicial proceedings. The CLN Executive
Secretariat shall be directed in its daily activities by an executive
secretary, who shall be designated by the Permanent Committee, from which
he or she shall receive instructions. The executive secretary shall carry
out other functions that shall be assigned by the Permanent Committee and
shall be supported by the team that it supplies, in conformity with Article
IX.
        4. The CLN, the Council, the Permanent Committee and the Executive
Secretariat shall enjoy the civil immunity in Panamanian courts necessary
to exercise their functions and accomplish their purposes. The Permanent
Committee can only renounce this immunity with respect to a particular
subject, expressed in writing.
ARTICLE III: FUNCTIONS
        1. The CLN shall be a regional coordination and training center. It
shall be authorized to carry out two general functions:
        a) To facilitate the storage and exchange of information which
supports the regional anti-narcotics effort; and
        b) To instruct personnel in skills and knowledge that shall be
adequate for the regional anti-narcotics effort.
        2. The CLN shall include three components:
        a) An Information Office, which shall coordinate the gathering,
analysis and disclosure of information related to drug trafficking and
related crimes (such as are described in Article IV);
        b) A Training Institute, which shall provide instruction in the
fight against the production, consumption and trafficking of drugs, and in
compliance with the law (such as is described in Article V); and
        c) A Permanent Committee for Community Affairs, which shall
establish policies about community standards, eligibility and access to the
dwellings assigned to CLN personnel and their dependents (such as described
in Article IV).
        3. The CLN is not authorized to constitute multinational
anti-narcotics forces as such.
ARTICLE IV: INFORMATION OFFICE
        1. The Information Office shall be authorized to carry out tasks
that support the CLN, such as:
        a) Gathering, analysis and disclosure among the parties of
information related to the anti-narcotics effort;
        b) Detection and monitoring of traffic in narcotics and illegal
psychotropic substances;
        c) Detection and monitoring of illicit shipments of precursor
chemicals; and
        d) Detection and monitoring of activities related to money
laundering.
        2. Every party shall be responsible for the integrity, security and
safekeeping of its own information support system, and can share with other
parties its information, in conformity with its laws and internal
procedures. All the parties shall be notified of the agreements to exchange
information which two or more parties reach.
ARTICLE V: TRAINING INSTITUTE
        The Training Institute shall be authorized to execute technical
training programs for personnel whose jobs relate to the application of
anti-narcotics laws, especially the following:
        1. Professional education and technical training of:
        a) The parties' personnel responsible for the administration and
application of the law, such as prosecutors, police, security personnel,
judges, customs personnel;
        b) Judicial detectives in investigative techniques, evidence
gathering and other tactics to support and comply with the law; and
        c) techniques and procedures used to combat the production,
distribution and trafficking in illegal narcotics and connected illicit
activities and associations;
        2. Preparation of teaching plans for the use and maintenance of
equipment, as well as plans for training in other areas where it may be
required; and
        3. Operation of training installations specialized in the
collection of information, police tactics and techniques, fluvial
operations, terrestrial operations and small boat repair, including those
installations that are referred to in Annexes A and B of this agreement,
and other areas as are required.
ARTICLE VI: COMMUNITY AFFAIRS
        The Permanent Committee for Community Affairs shall be authorized
to establish and revise policies about community standards, eligibility and
equal access to the houses provided to the personnel whom the parties
assign to the CLN, and their dependents. These responsibilities shall
include:
        1. Oversight of the CLN community's support functions and the
operation and maintenance of the houses provided to the personnel whom the
parties assign to the CLN, and their dependents;
        2. The nomination of a director and sub-director for community
affairs who shall be chosen from among the members of the Permanent
Committee, to oversee the daily tasks of support to the CLN community;
        3. The nomination of an executive agent for the administration of
the installations, who shall have the responsibility of guaranteeing that
the standards of operation and maintenance of the houses provided to the
personnel and their dependents; and
        4. The resolution of disputes submitted by personnel assigned by
the parties to the CLN, and their dependents, about the assignment or
maintenance of the houses and to compliance with community standards.
ARTICLE VII: FACILITIES
        To permit the CLN to successfully carry out the functions of
fighting against drug traffic and other functions and activities that are
described in Article IX, the government of the Republic of Panama:
        1. Shall provide the CLN the use, without interference, of
facilities in the Howard area, in the Galeta antenna center, in the Corozal
communications complex; the use of the Howard airfield, as well as access,
without interference, to agreed port facilities (the location of which are
identifed in Annex B) and some additional facilities that shall be agreed
between the parties;
        2. Shall take the necessary measures to avoid activities along the
coast adjacent to Kobbe and Venado beaches that can interfere with the
CLN's communications and the operations of aircraft or the Howard airfield;
        3. Shall adopt the necessary measures to avoid, within a radius of
1,800 meters (6,000 feet from the coordinates 238393 UTM, transversal
Mercator projection) from Galeta's operating antenna and the Corozal
operations center, the development of activities that could technically
interfere with communications in those areas. In the same manner, it shall
prohibit the construction of heavy industry or any other facility that
produces high-voltage electrical emissions, within a radius of 3,200 meters
(10,500 feet) from Galeta's operating antenna and the Corozal operations
center, except as specifically agreed between the parties;
        4. Shall maintain open road R-12 from Coco Solo to Galeta Island
and shall permit its continuous use by parties authorized for this; and
        5. Shall guarantee, in conformity with that which has been
established in Article III, the necessary coordination between the CLN and
private commercial operations that develop in neighboring areas, which set
up on the west side of the airfield or in whatever location and use said
field, to ensure that the CLN's activities have priority of access to areas
of shared use.
ARTICLE VIII: SECURITY AND ACCESS
        The government of the Republic of Panama shall have the principal
responsibility for the CLN's physical security, which is defined as of
those associated facilities referred to in Article VII, as well as of the
personnel and equipment at the CLN's disposal. To comply with this
responsibility, the government of Panama shall take the necessary measures
with regard to lands, territorial waters and air space adjacent to the CLN
or its outlying areas. The government of the Republic of Panama may, by
common accord with one or more of the parties, designate specific
facilities for which responsiblity for security, use and access shall
belong exclusively to one of the parties, or facilities for which the
resposibility for security shall be shared.
ARTICLE IX: SUPPORT BY THE PARTICIPATING STATES
        With the aim of accomplishing the CLN's objectives, each party must
provide the equipment, the supplies and the civilian and military personnel
that its government authorizes, with the corresponding assignment of funds.
The parties may, among themselves, enter into cooperative agreements, such
as pacts on finances, and on operation, services, administration, physical
security, and other support matters within the CLN, as they are pertinent.
The parties may reach an accord, by unanimous vote, on other financing
mechanisms for the CLN's functioning.
        ARTICLE X: USE OF RESOURCES
        None of the parties shall undertake any action that attacks the
sovereignty or territorial integrity of the Republic of Panama. Activities
that are carried out in other countries of the region and have their
origins in the CLN shall be effected at the request of or with the consent
of the country where the same are realized. The government of the Republic
of Panama gives its consent for the parties to use its equipment and
personnel to support the CLN and in other activities in the Republic of
Panama or in the region, such as search and rescue, training, logistical
support and assistance in the event of disasters. The parties shall
consult, to the extent necessary, about the above-enumerated activities, or
whatever other type of activities related to the CLN in which the parties
participate, in the Republic of Panama or in the region and, at the request
of the government of the Republic of Panama, those activities shall not be
able to be realized in or from the territory of the Republic of Panama.
ARTICLE XI: CONTROL OF RESOURCES
        All civilian and military personnel, and the resources and
equipment assigned to the CLN by one of the parties, shall at all times be
kept under the authority of that state, unless something different is
agreed. Whatever recommendation or decision about the assignment or use of
personnel or resources destined to accomplish the ends of this agreement or
of any other related one, shall require the approval of the party that
supplied those resources.
ARTICLE XII: LIVING CONDITIONS FOR PERSONNEL
FROM PARTICIPATING STATES
The government of the Republic of Panama shall assure that all the areas
and facilities connected with the CLN receive the necessary services to
guarantee the safety, protection and health of the residents, including
public safety, public services, the elimination of wastes and fire
prevention services. The government of the Republic of Panama may authorize
each party to supply community support services and facilities to assure
the welfare of its personnel. Commercial services supplied by one party
shall be made available to the CLN personnel from every other party to this
accord, except in cases in which said services and facilities are
subsidized by the party that supplies them.
ARTICLE XIII: LEGAL STATUS
        The government of the Republic of Panama shall negotiate with each
party related agreements about the immigration and legal status of the
members of each party's national element, and their dependents, who shall
be in the Republic of Panama to support the CLN. If the government of the
Republic of Panama confers upon the members of whatever party's national
element, or upon their dependents, a more favorable treatment with respect
to criminal jursidiction than that provided to any of the other parties,
the more favorable treatment shall apply equally to the members of every
party's national element and dependents.
 ARTICLE XIV: APPLICABLE LAWS
        The government of Panama shall not issue, adopt or carry out any
law, decree, regulation or international convention, nor take any action
that implicitly regulates or interferes with the exercise, by any of the
other parties, of any right guaranteed under this agreement or another
agreement related to the same, or which is inconsistent with these.
ARTICLE XV: RESOLUTION OF CONFLICTS
        Any disagreement about the application, execution or interpretation
of this agreement, or of any other related to the same, shall be resolved
by means of negotiation among the interested parties, without the right to
appeal to any outside entity or jurisdiction, except in cases where it is
so agreed.
ARTICLE XVI: IMPLEMENTING ACCORDS
        In execution of that which has been agreed in this agreement, the
government of the Republic of Panama will sign with each party the
conventions necessary to accomplish the CLN's objectives and activities.
ARTICLE XVII: INCORPORATION OF NEW MEMBERS
        States committed to the principles expounded in the preamble of
this agreement, and that are not parties to it, may incorporate themselves
into the agreement by unanimous decision of the parties. Incorporation
shall be within the time limits and terms established by the parties.
ARTICLE XVIII: ENTRY INTO EFFECT
        1. This agreement shall become effective when the government of the
Republic of Panama and that of the United States have reciprocally notified
one another, by way of diplomatic note, that they have completed all of the
internal requirements for its entry into effect.
        2. After this agreement becomes effective, a state that has been
invited to participate in the same may deposit an instrument with the
government of the Republic of Panama accepting this agreement, in accord
with the terms and conditions previously adopted by the parties, in
observance of the laws of said state, and once it has taken the steps
necessary to carry out its obligations under this accord. The government of
the Republic of Panama shall notify all the parties that it has received
this instrument.
ARTICLE XIX: DURATION
        This agreement shall remain in effect for 12 years after the date
of its entry into effect. After that it may be extended for fixed periods
of five years, by decision of the parties.
ARTICLE XX: RESCISSION
        Any of the parties may terminate its participation in this
agreement, after the same has been in effect for 12 years, by means of a
diplomatic notice to all of the other parties, with a minimum of one year's
notice of the expiration of the period during which this agreement shall be
in effect. Upon the withdrawal of the Republic of Panama from this
agreement, its obligations under the same shall cease, including any
obligation to provide facilities to the CLN, in accordance with article
VII. Upon receipt of notification of withdrawal from this agreement by the
Republic of Panama, the other parties shall consult to consider aspects
related to the CLN's continued function in some other place.
ARTICLE XXI: OTHER AGREEMENTS
        Nothing in this agreement shall be interpreted in a way that
restricts or limits the rights and obligations of any of the parties and
its agencies to conform with any other treaties or bilateral or
multilateral agreements now in effect among themselves.
ARTICLE XXII: FLAGS
        1. The Council of Delegates shall design and adopt a flag, which
shall be the symbol of the multinational effort against illegal drug
trafficking.
        2. In recognition of the August 1997 Protocol of the Organization
of American States regarding the display of flags, the flags of all the
parties must fly together at the CLN's principal offices. The CLN's flag
shall occupy the central position and the national flags of the other
countries, which shall be of equal size, shall fly at the same height, in
line or in semicircle, displayed in Spanish alphabetical order according to
the name of each party. The national flags shall remain aloft at all times.
In case of the death of the head of state or government of any of the
parties, the same may request that the Permanent Committee authorize the
CLN flag to fly at half-staff for one day.
        3. The national flags of each party shall be displayed within the
buildings and work areas which the same occupies.

ANNEX A: DESIGNATED TRAINING AREAS AND FIRING RANGES
        1. This annex implements Articles V, VII and VIII of the agreement
between the government of the Republic of Panama and that of the United
States with regard to the Multinational Center to Fight Against Drug
Trafficking (CLN agreement).
        a) In conformity with that which is stipulated in the CLN
agreement, the government of the Republic of Panama has the principal
responsibility for external security, access and control of all of the
CLN's facilities, including the training areas and firing ranges.
        b) The government of the Republic of Panama is responsible, under
the arrangements of the CLN agreement and other agreements related to the
same, for guaranteeing that the CLN's Training Institute and the parties to
the CLN agreement shall have access to the training areas, to the firing
ranges and their facilities, as well as the outlying areas, access roads
and maneuver areas, in a fashion sufficient to satisfy the training
requirements established by the CLN Training Institute and the training
requirements of the members of the national elements that the parties to
the CLN agreement establish.
        c) The government of the Republic of Panama has determined,
moreover, that there exist sufficient synergies and economies of scale that
can be accomplished by the creation of training areas and multiple-function
firing ranges, and that the use of these areas can be shared by the
National Police of Panama, the National Maritime Service, other
governmental entities of the Republic of Panama, the CLN Training Institute
and the parties to the agreement.
        d) The government of the Republic of Panama has determined that the
responsibility for the administration, operation and maintenance of those
areas and firing ranges shall rest with the National Police of Panama. The
CLN Training Institute and the parties to the agreement that use these
facilities shall be responsible for reimbursing the National Police of
Panama, in proportional shares, for the costs of operation and maintenance
associated with the use of these facilities. When the CLN Training
Institute and the parties to the agreement that use these facilities finish
the use of the same, each party shall promptly begin actions designed to
remedy, where it is viable, any known, imminent and substantial subtantial
dangers to human life, health or safety resulting from the use of these
training areas and firing ranges, after the entry into effect of this
agreement. The responsibility to remediate the dangers that the CLN
Training Institute causes shall be shared among the participating parties,
based on considerations that shall be mutually determined.
        2. Functional requirements of the training areas and firing ranges:
        a) To satisfy the multiple training requirements stipulated in
paragraph 1 of this annex, and in the CLN agreement and others related to
the same, the government of the Republic of Panama shall be responsible for
providing, without any cost to the CLN or to the parties to the agreement,
training areas and firing ranges that satisfy the requirements that the CLN
Training Institute establishes, as well as those established by the parties
to the agreement. This shall include the provision of facilities in
sufficient fashion so as to permit the parties to maintain the professional
capacities of the individual members of their national elements.
        b) The parties to the CLN agreement shall adopt the procedures and
make the preparations that are necessary to comply with the requirements of
this annex.
        3. Use of the training areas and the firing ranges:
        a) The National Police of Panama shall establish procedures and
regulations regarding shared access to said facilities, in coordination
with the Permanent Committee of CLN Representatives. The safety of all
training areas and firing ranges shall be the responsibility of the users
of the same.
        b) Every party that uses the training areas and the firing ranges
shall be responsible for guaranteeing compliance with all applicable
international standards of aerial and maritime safety, and, in case it is
necessary, shall guarantee preliminary coordination of said activities with
the corresponding authorities. The CLN Training Institute and the parties
to the agreement shall provide the National Police of Panama with an annual
calendar of exercises programmed for the training areas and the firing
ranges, and shall coordinate necessary changes to the same.

ANNEX B: CLN FACILITIES
        1. This annex implements Article VII of the agreement between the
government of the Republic of Panama and that of the United States of
America with regard to the Multinational Center to Fight Against Drug
Trafficking.
        2. The facilities that the government of the Republic of Panama
places at the disposal of the CLN and of the parties to this agreement are
described in the following manner:
        a) Certain facilities on the old Howard Air Force Base, which
include buildings 1, 2, 4-7, 11, 34-36, 40, 42, 113, 115, 117, 119, 141,
145, 149, 151, 160, 164, 166, 174, 186, 192, 201, 204, 214, 218, 221, 222,
225-229, 231, 235-238, 241, 243-246, 248-250, 253, 255, 256, 261, 277, 300,
500, 519, 692, 693, 700, 702-712, 714-717, 722-724, 726, 734, 800, 875,
925, 959-962, 1000, 1160, 1162, 1250 and 10047; the buildings at the main
gate and the Veracruz gate; the industrial areas, the recreation facilities
and the open areas to the west of Andrews Boulevard, including, but not
limited to, the runway, the taxiway, the ramp, the tower, the airfield fuel
supply system and all the navigation symbols; other areas including the
drop zone southwest of the airfield; the stables, service buildings,
maintenance patios, open maintenance areas, recreation areas, the sports
fields between the northern extension of Mulvehill Avenue and Andrews
Boulevard, the Mitchum Avenue pool, and the softball complex south of
Howard Elementary School.
        b) Certain facilities on the old Farfan Naval Station, which
include buildings 6301, 6302, 6308, 6310, 6311, 6313, 6316, 6324, 6325,
6326 and the adjacent baseball field, 6327, 6330, 6334, 6362, 6385 and
6417.
        c) Certain facilities on the old Fort Kobbe, which include
buildings 313, 380-385, 388-390, 392, 394, 398, 399, 460, 461, 463-466,
468-470, 474, 494, 495, 500, 801-810, 812, 816, 818, 820, 833, 840, 841,
880, 1000-1004, 1009, 1010, 1020, 1021, 4008 and 4608; the "TEAMS"
engineering complex, the Harvest Bare complex bounded by Andrews Boulevard,
Pitcher Avenue, Foggin Street and Lamb Street, the open areas and sports
fields bounded by Andrews Boulevard, King Avenue, Newberry Avenue and Moths
Street.
        d) Certain facilities on the old Rodman Naval Base, including
buildings 2, 53, 54, 60, 95 and 668; the lot where building 59 (scheduled
to be demolished) is found; the floating docks; the pier wall, the
communications tower at San Juan Corner; and the use of piers 1, 2 and 3.
        The CLN shall have the principal right of use of pier 3 as well as
the use of piers 1 and 2 according to their availability.
        It is also agreed that the CLN and the parties to the agreement
shall have sufficient access to satisfy their requirements to use the boat
ramp and floating dock located north of pier 1.
        e) The old Panama Canal College, which includes buildings 980, 982
and 1030-1035, the football field, the baseball and softball fields and the
running track.
        f) The Galeta Island communications installation.
        g) The Corozal communications complex, which includes buildings
623, 624, 626, 627, 721, 741, 750 and the antenna area and the hardstand.
        h) Firing ranges and training areas to be determined in conformity
with Annex A.
        3. The following group of houses and outlying common areas,
including children's parks, shall be provide the CLN for the exclusive use
of the national elements of the parties to the agreement on the basis of
contractual considerations:
        a) The designated houses on the old Howard Air Force Base, which
include buildings 12-33, 37, 39, 41, 43, 46, 48, 50, 52-87, 89, 91-102,
104-111, 114, 116, 118, 121-136, 176-185, 187-191, 193-195, 197, 199, 545,
547, 549-568, 570, 572, 575-577, 585, 587-599, 601-649, 651-675, 1511-1521
and 1523-1563.
        b) The designated houses on the old Farfan Naval Station, which
include buildings 801-805, 807-844, 6303-6307, 6351 and 6352.
        c) The designated houses on the old Fort Kobbe, which include
buildings 300-310, 312, 314, 316-328, 330, 332, 350, 352, 354, 356,
360-367, 371, 373, 375, 377, 379, 391 and 400-450.
 

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