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PRESCRIBING REGULATIONS GOVERNING THE PASSAGE AND CONTROL OF VESSELS THROUGH THE PANAMA CANAL IN ANY WAP IN WHICH THE UNITED STATES IS NEUTRAL

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MEEREAS the treaties of the United States, in any war in which the United States is a neutral, impose on the United States certain obligations to both neutral and belligerent nations;

AND WHEREAS the treaties of the United States, in any war in which the United States is a neutral, require that the United States exert all the vigilance within their power to carry out their obligations as a neutral;

AND WHEREAS treaties of the United states require that the Panama Canal shall be free and open, on terms of entire equality, to the vessels of commerce and of war of all nations observing the rules laid down in Article 3 of the so-called Hay-Pauncefote treaty concluded between the United States and Great Britain, November 18, 1901 ;

NOW, THEREFORE, by virtue of the authority vested in me by section 5 of the Panama Canal Act, approved August 24, 1912 (ch. 390, soc. 5, 37 Stat. 562), as amended by the act of July 5, 1932 (ch. 425, 47 Stat. 578), I hereby prescribe the following regulations governing the passage and control of vessels through the Panama Canal or any part thereof, including the locks and approaches thereto, in any war in which the United States is a neutral;

1. Whenever considered necessary, in the opinion of the Governor of the Panama Canal, to prevent damage or injury to vessels or to prevent damage or injury to the Canal or its appurtenances, or to secure the observance of the rules, regulations, rights, or obligations of the United States, the Canal authorities may at any time, as a condition precedent to transit of the Canal, inspect any vessel, belligerent or neutral, other than a public vossel, including its crew and cargo, and, for and during the passage through the Canal, place armed guards thereon, and take full possession and control of such vessel and remove there from the officers and crew thereof and all other persons not specially authorized by the Canal authorities to go or remain on board thereof during such passage.

2. A public vessel of a belligerent or neutral nation shall be permitted to pass through the Canal only after her commanding officer has given written assurance to the authorities of the Panama Canal that the rules, regulations, and treaties of the United States will be faithfully observed.

The foregoing regulations are in addition to the "Rules and Regulations for the Operation and · Navigation of the Panama Canal and Approaches The reto, including all Waters under its Jurisdiction" prescribed by Executive Order No. 4314 of Sep tember 25, 1925, as amended, and the provisions of proclamations and executive orders pertaining to the Canal Zone issued in conformity with the laws and treaties of the United Statos.

FRANKLIN D. ROOSEVELT

THE WHITE HOUSE,

September 5, 1939

(No. 8234)

EXECUTI VE ORDER

REGULATIONS GOVERNING THE ENTRANCE OF FOREIGN AND DOMESTIC AIRCRAFT INTO THE CANAL ZONE, AND NAVIGATION THEREIN

By virtue of and pursuant to the authority vestod in me by section 14 of title 2 of the Canal Zone Code, as amended by the act of July 9, 1937, 50 Stat. 486 (U.S.C., title 48, sec. 1314a), I hereby prescribe the following regulations governing the entrance of foreign and domestic aircraft into the Canal Zone, and navigation of such aircraft within the Canal Zone.

SEC. 1. Canal Zone set apart as military airspace reservation. The airspace above the Canal Zone, including the territorial waters within the three-mile marine boundary at each end of the Canal, 1s hereby set apart as and declared to be a military airspace reservation, to be known as the "Canal Zone li litary Airspace Roservation."

SEC. 2. Unlawful navigation of aircraft in military airspace reservation. It shall be unlawful to navigate any foreign or done stic aircraft Into, within, or through the Canal Zone Military Airspace Reservation otherwise than in conformity with this Executive order: Provided, however, that none of the provisions of this order shall apply to military, naval, or other public aircraft of the United States.

SEC. 3. Authorization for entrance of aircraft into the Canal Zone Military Airspace Reservation, and navigation therein. Aircraft, foreign or domestic, shall be navigated into, wi thin, or through the Canal Zone Military Airspace Reservation only wder and in compliance with an authorization granted after the effective date of this order (a) by the Civil Aeronautics Authority in the case of civil aircraft, and (b) by the Secretary of State in the case of all other aircraft. Such authorization shall be granted only after consultation with the Secretary of War, and shall be subject to the further rules and regulations contained in or issued under this order, as well as those applicable generally to the entrance of aircraft into, and their navigation within or through, the Canal Zone Military Airspace Reservation. Application for such authorization shall be made (a) to the Civil Aeronautics Authority for flights by domestic civil aircraft, and (b) to the Secretary of State for flights by all other air

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craft. All applications shall, wloss otherwise directed by the Secretary of State or the Civil Aeronautics Authority, so far as either has jurisdiction with respect to particular classes of flights under this order, and with the agreement of the Secretary of War, set forth (a) the name, nationality, and address of the owner and of the pilot of the aircraft, (b) the make, model, and type of aircraft and information as to the registration thereof, (c) the registration marks displayed on the aircraft, (d) the names and nationalities of all persons aboard the aircraft, including passengers and crew, (e) the itinerary of the flight, (f) the purpose of the flight, (8) the expected time of arrival and duration of the stop within the Canal Zone, and (h) a statement as to firearms and cameras, if any, to be carried. In case any persons on board the aircraft, including passengers and crew, are in any way connected, either directly or indirectly, with the civil, military, or naval services of any foreigo nation, in addition to designating such persons by name and nationality, the application shall contain a statement showing their connection with such service.

SEC. 4. Aircraft operated by and transporting only citizens of the United States or its possessions. Aircraft operated by and transporting only persons who are citizens of the United States or its possessions, for which authorization has been granted under provisions of this order to be navigated into, within, or through the Canal Zone Military Airspace Reservation, shall nevertheless not be so navigatod into, within, or through such reservation wloss the following conditions, or such of them as have not been specifically waived in each case as provided in section 6 hereof, are complied with:

(a) Prior to departure from the last point of landing before reaching the Canal Zone, the porson in responsible charge of the aircraft shall notify the Governor of The Panama Canal, hereinafter reforred to as the "Governor", preferably by radio, of the probable time of arrival and the cruising altitude and speed.

(b) Such aircraft shall onter the Canal Zone \ilitary Airspace Reservation via the prescribed routo for private aircraft, and shall follow said route to, and land at, the landing area designated by the Governor, and such aircraft shall not pass through the said airspace reservation without so landing therein.

(c) Immediately after landing in the Canal Zone, the pilot of the aircraft shall report to the Aeronautical Inspector of The Panama Canal for instructions, and shall observe the instructions received,

(a) All such aircraft shall have all cameras carried therein sealed before taking off from the last point of landing prior to arrival at the Canal Zone Military Airspace Reservation, and all such cameras must remain under seal while within the said roservation.

(e) Without the authorization of the Governor, no arms, ammmitions, or explosives, except small arms, shall be carried aboard such aircraft.

(f) While within the Canal Zone Military Airspace Reservation, all aircraft shall be navigatod in conformity with instructions or authorization of the Governor.

SEC. 5. Aircraft operated by or transporting persons who are not citizens of the United States or of its possessions. Aircraft operated by or transporting persons who are not citizens of the United Statos or its possessions, for which authorization has been granted under provisions of this ordor to be navigated into, within, or through the Canal Zone Military Airspace Reservation, shall nevertheless not be so na vi gated into, within, or through said reservation wloss the following conditions, or such of them as have not boen specifically waived in each case as provided in section 6 hereof, are complied with for each flight of such aircraft:

(a) The term "flight" as used herein shall signify one or a number of aircraft under the command of or in responsible charge of a single person.

(b) Not over twelve aircraft shall be included in one flight.

(c) Prior to departure from the last point of landing before reaching the Canal Zone, the commander or the person in responsible charge of the flight shall notify the Governor, preferably by radio, of the probable time of arrival and the cruising altitude and speed.

(a) The plight shall approach the Canal Zone following commercial air lanes to a rendezvous point, outside of the Canal Zone, designated by the Governor and announced by him to the Secretary of Stato or the Civil Aeronautics Authority.

(o) On approaching the Canal Zone, the flight shall be mot at the rondezvous by an offioial escort of aircraft from the Canal Zone and shall be escorted from the rendezvous point via a route prescribed by the escorting aircraft to a landing area in the Canal Zone. All such aircraft entering the Canal Zone Military Airspace Reservation shall land in the Canal Zone at the landing area designated by the Governor, and no aircraft shall pass through the said airspace reservation without so landing thoroin.

(f) Immediately after landing in the Canal Zone, the commander or the person in responsible charge of the flight shall report to the Aeronautical Inspector of The Panama Canal for instructions, and shall observe the instructions received.

(8) A similar procedure with escort shall be required in leaving the Canal Zone.

(b) without the authorization of the Governor, no arms, aummition, or explosives, except small arms, shall be carried aboard such aircraft.

(1) All such aircraft shall have all cameras carried therein sealed before taking off from the last point of landing prior to arrival at the Canal Zone Military Airspace Reservation, and all such cameras must remain under seal while within the said reservation.

(3) While within the Canal Zone Military Airspace Reservation, all aircraft shall be navigated in conformity with instructions or authorization of the Governor.

SEC. 6. Waiver of application of certain sections of order. The Seoretary of State or the Civil Aeronautics Authority, 80 far as either has jurisdiction with respect to particular classes of flights under this order, and with the agreement of the Secretary of War, may waive the application of all or any part of the provisions of sections 2, 3, and 4 of this order.

SEC. 7. Authority of Governor to administer order and make detailed regulations. Except as otherwise specifically provided herein, the provisions of this order shall be administered and enforced by the Governor, and the Governor is hereby authorized to make such detailed regulations as may be necessary

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to carry into effect the provisions of this order.

SEC. 8. Punishment for violations. Any person who shall violate any of the provisions of this order shall be punishable, as provided in section 144 of title 2 of the Canal Zone Code, supra, by a fine of not more than 3500, or by imprisonment in jail for not more than one year, or by both.

SEC. 9. Order subject to prior order and proclamation; revocation of prior orders and regulations. The provisions of this order shall be administered subject to the provisions of Executive Order No. 0232 0 September 5, 1932, entitled "Control of the Panama Canal and the Canal 2one", and the provisions of Procle.nation No. 2350 of September 5, 1939, entitled "Prescribing Regulations Concerning Neutrality in the Canal Zone." Executive Order No. 4971 of September 23, 1928, designatin the Secretary of State to receive and pass upon all applications for the privilege of operatine commercial aircraft between the Canal Zone and foreign countries, is hereby revoked; and all other Executive orders and all regulations of the Secretary of State are hereby revoked in so far as and to the extent that they are in conflict with this order.

SEC. 10. Effective date. This order shall take effect ninety days after the date hereof.

FRANKLIN D. ROOSEVELT

THE WIITE HOUSE,

September 12, 1939

(No. 8251)

EXECUTIVE ON DER

AIENDIENT OF SECTION 6 OF EXECUTIVE OF DER No. 3251 OF SEPTEMBER 12, 1959, PPESCPIBING REGULATIONS GOVERNING THE ENTFANCE OF FOREIGN AND DOMESTIC AIRCHI.FT INTO THE CANAL ZONE, AND NAVIGATION TEEREIN

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By virtue of and pursuant to the authority vested in me by section 14 of title 2 of the Canal Zone Code, as amended by the act of July 9, 1937, 50 Stat. 436 (U.S.C., title 48, sec. 1514a), it is hereby ordered that section 6 of Executive Order No. 8251 of September 12, 1959, prescribing ropulations governing the entrance of foreign and domestic aircraft into the Canal Zone, and navigation therein, be, and it is hereby, anended to read as follows:

"SEC. 6. Waiver of application of certain sections of order. The Secretary oł State or the Civil Aeronautics Authority, so far as either has jurisdiction with respect to particular classes of flights under this order, and with the acrecment of the Secretary of War, may waive the application of all or any part of the provisions of sections 2, 3, 4, and 5 of this order."

FRNILIN D. ROOSEVELT

THE VITE HOUSE,

October 16, 1939.

(No. 8271)

EXECUTIVE ORDER

N.ENDEENT OF EXECUTIVE ORDER NO. 8234 OF SEFTENBUR 5, 1959, PPESCPIBINREGLÁTICNS CON RING TE PASSAGE AND CONTROL OF VESSELS THROUGH THE PANAMA CANAL IN ANY IAR IN IICII TIIE UIITED STATES IS NEUTHAL

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By virtue of the authority vested in me by section 9 of title 2 of the Canal Zone Code, approved June 19, 1934, Executive Order No. 8234 of September 5, 1939, prescribing regulations governing the passage and control of vessels through the Panama Canal in any war in which the United States is neutral, is hereby amended by adding thereto, immediately following paragraph numbered 2 thereof, a new paragraph numbered 3 reading as follows:

"3. Possession of cameras on board vessels; photo ra; hinc from vessels. While on board any vessel in transit throuch the Panana Canal, no person shalTTA) have or remain in possession of any camera, or (b) make any photograph, sketch, picture, drawin, map, or graphical representation of any of the locks of the Panama Canal, or of any portion of any such lock, or of any area within or adjacent to any such lock, or of any object or structure within or upon any such area, without first obtairing the permission of the Governor of The Panana Canal, and promptly subruittinɛ the product obtained to the Governor for such action as he may deem necessary. The master of every vessel that transits the Fanana Canal (a) shell prior to the beginning of each transit cause all cameras on board such vessel, or vhich are brought on board by embarking passengers, or otherwise, to be collected and delivered to him, and shall retain the said cameras in his possession, in a secure and inaccessible place, until the disembarkation of the original possessors thereof or imtil the transit throuch the Canel is completed, and (b) shall during such transit take such further action, in cooperation with the Canal authorities, as may be necessary to prevent the making, by any person on board such vessel in the waters of the Canal Zone, of any photograph, sketch, picture, drawing, map, or graphical representation which is forbidden by this paraçraph; but these provi sions shall not apply with respect to any person who has obtained permission as provided in this paragraph. Any person who shall violete any provision of this paragraph shall be punishable as provided in section 9 of title 2 of the Canal Zone Code."

FRANKLIN D. ROOSEVELT
THE ITE HOUSE,
March 25, 1940

(No. 0332)

EXECUTIVE ORDER

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AMENDMENT OF RULE 120 OF EXECUTIVE ORDER NO. 4314 OF SEPTELIBER 25, 1925, ESTABLISHING RULES GOVERNING NAVIGATION OF THE PANAMA CANAL AND ADJACENT WATERS AND THE EXCLUSION OF PERSONS FROM THE CANAL

ZONE, AS AMENDED BY EXECUTIVE OR DER No. 5065 OF FEBRUARY 28, 1939

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By virtue of the authority vested in me by soction 141 of title 2 of the Canal Zone Code, approved June 19, 1934, Rule 120 of Executive Order No. 4314 of September 25, 1925, establishing rules governing navigation of the Panama Canal and adjacent waters and the exclusion of persons from the Canal Zone, as amended by Executive Order No. 5065 of February 28, 1929, is hereby further amended to read as follows:

"Rule 120. Classes of persons excluded and deported. All persons of the following-described classes are hereby forbidden to enter, remain upon, or pass over any part of the Canal Zone, and the Governor of the Panama Canal is hereby authorized, in his discretion, to deport such persons when found within the Canal Zone:

(a) Insane persons and persons who have had one or more attacks of insanity at any prior time.

(b) Idiots, imbeciles, feeble-minded persons, epileptics, and persons of constitutional psychopathio inferiority.

(c) Persons afflicted with a loath some, or dangerous, contagious disease.

(a) Persons who have been convicted of, or admit having committed, a felony or other crime or misdemeanor. involving moral turpitude.

(e) Professional beccars, paupers, and persons who are likely to become public charges.
if) Anarchists, and persons whose purpose it is to incite insurrection.
(€) Persons of notoriously bad character.

(h) Persons who engage in any strike in the Canal Zone directed against the Government of the United States or any of its agencies, or who engage in inciting or attempting to incite other persons to engage in any such strike.

(i) Persons who engage in, or incite or attempt to incite other per sons to engage in, any strike in the Canal Zone which, although not directed against the Government of the United States or any of its agencies, will result in obstructing, impeding, delaying, or interfering with the operation, maintenance, sanitation, government, or protection of the Panama Canal and the Canal Zone or the observance, safeguarding, and enforcement in the Canal Zone of the neutrality of the United States or the strengthening within the Canal Zone of the national defense.

(j) Any other persons who se presence, in the judgment of the Governor, would be a menace to the public health or welfare of the Canal Zone, or would tend to create public disorder or obstruct the operation, maintenance, sanitation, government, or protection of the Panama Canal or Canal Zone :

Provided, however, that the provisions of this Rule shall be subject (1) to the provisions of section 142 of title 2 of the Canal Zone Code, as amended by section 7 of the act of June 24, 1936, 49 Stat. 1905, (2) to the provisions of Rule 127 of the said Executive Order No. 4314 of September 25, 1925, relative to passage through the Canal Zone by excluded or deported persons, and (3) to the pertinent provisions of the General Treaty proclaimed July 27, 1939, between the United States and the Republic of Panama .

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FRANKLIN D. ROOSEVELT

TIE W!I'TE HOUSE,

May 22, 1940

(No. 8417)

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