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STATEMENT AND DISPOSITION OF CLAIMS FILED WITH THE JOINT COMMISSION-Continued.

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5. Colon Corridor and Certain Other Corridors Panama 1950.

PAGE

397

401

411

Other agreements affecting boundaries. In addition to those set out below, under this heading "Boundaries", the following, all set out elsewhere in this Appendix, contain provisions affecting or relating to boundaries:

1. Convention for the Construction of a Ship Canal, Panama, Nov. 18, 1903. See App. III, Canal Construction and Rights.

2 General Treaty of Friendship and Cooperation, Panama, March 2, 1936. See App. IX, General Relations.

3. Treaty of Mutual Understanding and Cooperation, Panama, January 25, 1955. See App. IX, General Relations.

See, also, note under section 1 of Title 2, Canal Zone Code.

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PROVISIONAL BOUNDARY AGREEMENT'

(DAVIS ARIAS AGREEMENT)

INFORMAL PROVISIONAL DELIMITATION OF THE
BOUNDARIES OF THE CANAL ZONE

(See 1904 Ann. Rept. 78 and 91-93)

Signed at Panama June 15, 1904

(Senate Doc. No. 401, 59th Cong., 2d Sess., Vol. III, p. 2300)

SECTIONS

1. Limits of Canal Zone; provisional

acceptance.

2. Limits of city and harbor of Panama; provisional acceptance. 3. Limits and harbor of Colon; provisional acceptance.

4. Special agreements respecting delimitation of auxiliary lands or waters.

5. Employment of Panamanian citizens resident in Republic.

[§ 1] Whereas, By the terms and provisions of Article 11 of the Convention for the Construction of an Interoceanic Canal between the United States of America and the Republic of Panama, signed

'This agreement avas superseded by the Boundary Convention of September 2, 1914. See § 31 et seq., post. See, also, note under section 1 of Title 2, Canal Zone Code.

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by the representatives of the two nations on November 18, 1903, the ratifications of which were exchanged at Washington on the 26th day of February, 1904, the United States acquired the right of use, occupation, and perpetual control, from and after the said 26th day of February, 1904, in and over the Canal Zone and other lands, waters and islands named in said Article II of the Convention aforesaid, and

Whereas, It has not yet been, and is not now, practicable to make a complete, definite, and exact location of the precise boundaries of all the territory ceded to the United States by the terms and provisions of said Article II of said Convention, and

Whereas, The successful completion of the work of construction of the Interoceanic Canal across the Isthmus of Panama is of transcendent importance to the United States, to the Republic of Panama, and to the people of the world, and

Whereas, In order that said work of construction of said Interoceanic Canal may be systematically prosecuted, and in order that a Government for the Canal Zone created by the terms and provisions of said Article II of said Convention may be successfully organized and carried forward, it is necessary that the extent and boundaries of the territory ceded to the Government of the United States by the Government of the Republic of Panama under the terms and provisions of said Convention shall be provisionally determined and agreed upon,

Now Therefore, General George W. Davis, Governor of the Panama Canal Zone, acting for and on behalf of the Government of the said Zone, and Senor Don Tomas Arias, Secretary of State of the Republic of Panama, and Senor Don Ramon Valdes Lopez, Attorney General of said Republic, jointly acting for and on hehaif of the Government of said Republic of Panama, having agreed that the Government of the Republic of Panama has delivered, and the Government of the United States has received, and had, on the 19th day of May, 1904, received, for its use, occupation, and control, the Isthmian Canal Zone described in said Article II of the aforesaid Convention for the Construction of an Interoceanic Canal, including lands and waters in the said Zone, lands under water, islands in said Zone, and the islands of Perico, Naos, Culebra and Flamenco, do make this further

For Art. II of the 1903 Convention, see App. III, § 63.

PROVISIONAL BOUNDARY AGREE.

AGREEMENT.

1904 App. II [§ 4]

[§ 2] Sec. 1. The limits of the Canal Zone, including lands under water and islands ceded, but not including the cities and harbors of Colon and Panama, delivery of which lands, waters and islands has been made by Panama, and possession of which has been taken by the United States, are indicated and shown on the attached map (marked "A"), signed by the parties to this Agreement, as accurately as it is possible to indicate on a map with the existing information respecting the topography of the region traversed by the Canal, by a heavy red line crossed with black, and drawn at the uniform distance by scale of five statute miles on each side of the middle line of the Canal, and said indicated boundary, or line of division, between the territory ceded by the Republic of Panama to the United States for Canal purposes and the adjoining or abutting lands of the Republic of Panama is provisionally accepted, and will be strictly observed by the two Governments until the limits or boundaries of the said Zone, waters and islands shall be definitely and finally marked, fixed and determined.

[s 3] Sec. 2. The limits of the city and harbor of Panama, as indicated and shown by a heavy red line crossed with black on the attached map (marked "B"), and as described on the paper attached to the said map, both of which are signed by the parties to this Agreement, are provisionally accepted and will be strictly observed by the two Governments until the true and definite line of division between the Canal Zone and its waters, on the one hand, and the city of Panama and its harbor, on the other, shall be finally surveyed, marked off, fixed and determined. PROVIDED, that the outer or marine boundary of the harbor of Panama shall, as soon as practicable, be agreed upon and marked with buoys or other monuments.

[§ 4] Sec. 3. The limits of the city and harbor of Colon, as indicated and shown by a heavy red line crossed with black on the attached map (marked "C"), and as described in a paper attached to said map, both of which are signed by the parties to this Agreement, are provisionally accepted and will be strictly observed by the two Governments until the true and definite line of division between the Canal Zone and its waters, on the one hand, and the

The map referred to was not reproduced. Presumably, it will be found with the original agreement.

'Same as footnote 3, ante.

"Same as footnote 3, ante.

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