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tion, such parts of the coast line and of the lands and islands 2 adjacent thereto as are necessary for this purpose, including the construction and maintenance of breakwaters, dikes, jetties, embankments, coaling stations, docks and other appropriate 5 works, and the United States undertakes the construction and 6 maintenance of such works and will bear all the expense thereof. 7 The ports when established are declared free, and their demarcations shall be clearly and definitely defined.

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9 To give effect to this Article, the United States will give 10 special attention and care to the maintenance of works for drain11 age, sanitary and healthful purposes along the line of the canal, 12 and its dependencies, in order to prevent the invasion of epi13 demics or of securing their prompt suppression should they appear. With this end in view the United States will organize 15 hospitals along the line of the canal, and will suitably supply or 16 cause to be supplied the towns of Panama and Colon with the necessary aqueducts and drainage works, in order to prevent their becoming centers of infection on account of their proximity to the canal.

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The Government of Colombia will secure for the United States or its nominees the lands and rights that may be required in the towns of Panama and Colon to effect the improvements above referred to, and the Government of the United States or its nom24 inees shall be authorized to impose and collect equitable water 25 rates, during fifty years for the service rendered; but on the expiration of said term the use of the water shall be free for the inhabitants of Panama and Colon, except to the extent that may be necessary for the operation and maintenance of said water system, including reservoirs, aqueducts, hydrants, supply service, 30 drainage and other works.

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ARTICLE VI.

The Republic of Colombia agrees that it will not cede or lease to any foreign Government any of its islands or harbors within or adjacent to the Bay of Panama, nor on the Atlantic Coast of 35 Colombia, between the Atrato River and the western boundary 36 of the Department of Panama, for the purpose of establishing fortifications, naval or coaling stations, military posts, docks or

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1 other works that might interfere with the construction, mainte

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nance, operation, protection, safety, and free use of the canal and 3 auxiliary works. In order to enable Colombia to comply with 4 this stipulation, the Government of the United States agrees to 5 give Colombia the material support that may be required in order to prevent the occupation of said islands and ports, guaranteeing 7 there the sovereignty, independence and integrity of Colombia.

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ARTICLE VII.

9 The Republic of Colombia includes in the foregoing grant the 10 right without obstacle, cost, or impediment, to such control, con11 sumption and general utilization in any manner found necessary by 12 the United States to the exercise by it of the grants to, and rights 13 conferred upon it by this Treaty, the waters of the Chagres River and other streams, lakes and lagoons, of all non-navigable waters, 15 natural and artificial, and also to navigate all rivers, streams, lakes 16 and other navigable water-ways, within the jurisdiction and under 17 the dominion of the Republic of Colombia, in the Department 18 of Panama, within or without said zone, as may be necessary or 19 desirable for the construction, maintenance and operation of the 20 canal and its auxiliary canals and other works, and without tolls or 21 charges of any kind; and to raise and lower the levels of the waters, and to deflect them, and to impound any such waters and to overflow any lands necessary for the due exercise of such grants and rights to the United States; and to rectify, construct and improve the navigation of any such rivers, streams, lakes and 26 lagoons at the sole cost of the United States; but any such water27 ways so made by the United States may be used by citizens of Colombia free of tolls or other charges. And the United States 29 shall have the right to use without cost, any water, stone, clay, 30 earth or other minerals belonging to Colombia on the public 31 domain that may be needed by it.

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All damages caused to private land owners by inundation or by 33 the deviation of water courses, or in other ways, arising out of 34 the construction or operation of the canal, shall in each case be 35 appraised and settled by a joint commission appointed by the 36 Governments of the United States and Colombia, but the cost of 37 the indemnities so agreed upon shall be borne solely by the 38 United States.

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ARTICLE VIII.

The Government of Colombia declares free for all time the ports

at either entrance of the Canal, including Panama and Colon and 4 the waters thereof in such manner that there shall not be collected 5 by the Government of Colombia custom house tolls, tonnage, 6 anchorage, light-house, wharf, pilot, or quarantine dues, nor any 7 other charges or taxes of any kind shall be levied or imposed by the Government of Colombia upon any vessel using or passing 9 through the Canal or belonging to or employed by the United 10 States, directly or indirectly, in connection with the construction, maintenance and operation of the main work or its auxiliaries, or 12 upon the cargo, officers, crew, or passengers of any such vessels; 13 it being the intent of this convention that all vessels and their cargoes, crews, and passengers, shall be permitted to use and pass through the Canal and the ports leading thereto, subject to no other demands or impositions than such tolls and charges as may be imposed by the United States for the use of the Canal and other works. It being understood that such tolls and charges 19 shall be governed by the provisions of Article XVI.

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The ports leading to the Canal, including Panama and Colon, also shall be free to the commerce of the world, and no duties or taxes shall be imposed, except upon merchandise destined to be 23 introduced for the consumption of the rest of the Republic of 24 Colombia, or the Department of Panama, and upon vessels touch25 ing at the ports of Colon and Panama and which do not cross the Canal.

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Though the said ports shall be free and open to all, the Govern28 ment of Colombia may establish in them such custom houses and 29 guards as Colombia may deem necessary to collect duties on 30 importations destined to other portions of Colombia and to prevent contraband trade. The United States shall have the right to 32 make use of the ports at the two extremities of the Canal includ33 ing Panama and Colon as places of anchorage, in order to make 34 repairs for loading, unloading, depositing, or transshipping car35 goes either in transit or destined for the service of the Canal and 36 other works.

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Any concessions or privileges granted by Colombia for the oper38 ation of light houses at Colon and Panama shall be subject to

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expropriation, indemnification and payment in the same manner as is provided by Article XIV in respect to the property therein 3 mentioned; but Colombia shall make no additional grant of any 4 such privilege nor change the status of any existing concession.

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ARTICLE IX.

There shall not be imposed any taxes, national, municipal, 7 departmental, or of any other class, upon the canal, the vessels 8 that may use it, tugs and other vessels employed in the service of 9 the canal, the railways and auxiliary works, store houses, work 10 shops, offices, quarters for laborers, factories of all kinds, ware11 houses, wharves, machinery and other works, property, and effects 12 appertaining to the canal or railroad or that may be necessary for 13 the service of the canal or railroad and their dependencies, 14 whether situated within the cities of Panama and Colon, or any 15 other place authorized by the provisions of this convention. Nor shall there be imposed contributions or charges of a per17 sonal character of whatever species upon officers, employees, 18 laborers, and other individuals in the service of the canal and its 19 dependencies.

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ARTICLE X.

It is agreed that telegraph and telephone lines, when established 22 for canal purposes, may also, under suitable regulations, be used 23 for public and private business in connection with the systems of 24 Colombia and the other American Republics and with the lines 25 of cable companies authorized to enter the ports and territories 26 of these Republics; but the official dispatches of the Government 27 of Colombia and the authorities of the Department of Panama 28 shall not pay for such service higher tolls than those required 29 from the officials in the service of the United States.

31 The Government of Colombia shall permit the immigration and 32 free access to the lands and workshops of the canal and its depend33 encies of all employees and workmen of whatever nationality 34 under contract to work upon or seeking employment or in any 35 wise connected with the said canal and its dependencies, with their 36 respective families, and all such persons shall be free and exempt 37 from the military service of the Republic of Colombia.

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ARTICLE XII.

The United States may import at any time into the said zone, 3 free of customs duties, imposts, taxes, or other charges, and with4 out any restriction, any and all vessels, dredges, engines, cars, 5 machinery, tools, explosives, materials, supplies, and other articles 6 necessary and convenient in the construction, maintenance and 7 operation of the canal and auxiliary works, also all provisions, 8 medicines, clothing, supplies and other things necessary and con9 venient for the officers, employees, workmen and laborers in the 10 service and employ of the United States and for their families. 11 If any such articles are disposed of for use without the zone 12 excepting Panama and Colon and within the territory of the 13 Republic, they shall be subject to the same import or other duties as like articles under the laws of Colombia or the ordinances of 15 the Department of Panama.

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ARTICLE XIII.

The United States shall have authority to protect and make 18 secure the canal, as well as railways and other auxiliary works 19 and dependencies, and to preserve order and discipline among the 20 laborers and other persons who may congregate in that region 21 and to make and enforce such police and sanitary regulations as 22 it may deem necessary to preserve order and public health 23 thereon, and to protect navigation and commerce through and 24 over said canal, railways and other works and dependencies from 25 interruption or damage.

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I. The Republic of Colombia may establish judicial tribunals 27 within said zone, for the determination, according to its laws and 28. judicial procedure, of certain controversies hereinafter mentioned. Such judicial tribunal or tribunals so established by the 30 Republic of Colombia shall have exclusive jurisdiction in said 31 zone of all controversies between citizens of the Republic of 32 Colombia, or between citizens of the Republic of Colombia and 33 citizens of any foreign nation other than the United States.

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II. Subject to the general sovereignty of Colombia over said 35 zone, the United States may establish judicial tribunals thereon, 36 which shall have jurisdiction of certain controversies hereinafter 37 mentioned to be determined according to the laws and judicial 38 procedure of the United States.

S. Doc. 456, 63–2– -5