Multinational Anti-Drug Center Agreement Between the Republic of Panama and the United States, drafted December 23, 1997.¹

Article I Establishment and Purpose:

The government of the Republic of Panama will establish a Multinational Anti-Drug Center (CLN) to constitute a forum that will facilitate communication and assure effective cooperation against illegal narcotics trafficking and other related crimes. The participants in the CLN will include the government of the Republic of Panama, the government of the United States and other States that may become part of the agreement (henceforth referred to as "the parties").

Article II Organization:

1. A CLN Council will be established, staffed by the Ministers of Foreign Relations of each party to the agreement or whomever the parties designate, to formulate the general policies necessary for the functioning, administration, and objectives of the CLN. Each member of the Council will designate a substitute in case of a necessary absence. The Council will establish its own regulations and decisions will be made by consensus.

2. A Permanent Committee of Representatives of the CLN will be established, which, under the administration of the CLN Council, will be responsible for the coordination and administration of the daily activities of the CLN and of the Executive Secretary, in accordance with Article IX. Members of the Permanent Committee will be chosen by each government taking into account relevant experience in the objectives of the CLN. The Permanent Committee will elect a president and a vice-president from its members. The Permanent Committee can execute its tasks with a two-thirds quorum of its members, and all decisions will be made by consensus. The Permanent Committee will adopt other necessary procedural regulations. The Permanent Committee will report its activities to the CLN Council on an annual basis, or as requested.

3. The government of the Republic of Panama will confer upon the Executive Secretary of the CLN the necessary legal capacity to carry out its functions. In particular, the ability to hire, acquire and transfer immovable goods or personnel, and initiate judicial processes. The daily activities of the Executive Secretary of the CLN will be directed by an executive secretary assigned and instructed by the Permanent Committee. The executive secretary will perform other duties assigned by the Permanent Committee and will be supported by a team provided by the Committee, in accordance with Article IX.

4. The CLN, the Council, the Permanent Committee and the Executive Secretary will possess civil immunity from Panamanian Courts in order to carry out their functions and to achieve their objectives.

Article III Functions (duties, goals):

1. The CLN will be a regional coordination and training center. It will be authorized to carry out two general functions:

a) To facilitate the gathering and exchange of information in support of regional counternarcotics efforts; and

b) To provide personnel training in the proper skills and knowledge of regional counternarcotics efforts.

2. The CLN will include three components:

a) An Information Office, that will coordinate obtainment, analysis, and disclosure of information regarding drug trafficking and related crimes (as is described in Article IV); and

b) A Training Institute which will provide training in the fight against drug production, consumption, and trafficking, and execution of the law (as is described in Article V);

c) A Permanent Committee for Community Affairs to forge policies related to community standards, eligibility and access to CLN personnel housing and their dependents (as described in Article VI)

3. The CLN will not be authorized to constitute its own multinational anti-narcotics force.

Article IV Information Directorate:

1. The Information Directorate will be authorized to carry out duties of support of the CLN, such as:

a) Obtainment, analysis, and disclosure of information relevant to the counternarcotics effort to the parties to the agreement;

b) Monitoring and detection of the trafficking of narcotics and illegal psychotropic substances;

c) Monitoring and detection of illicit shipments of precursor chemicals; and

d) Monitoring and detection of activities related to money laundering.

2. Each party will be responsible for the integrity, security and safeguard of its own information support system and will be able to share corresponding information with the other parties, in accordance with internal laws and procedures. All parties will be notified of the information exchange agreements which take place between two or more of them.

Article V Training Institute:

The training institute will be authorized to provide expert training of personnel assigned duties related with the execution of counternarcotics laws and especially the following:

1. Professional education and technical training of personnel responsible for the administration and execution of the law, such as district attorneys, police, security personnel, judges, customs personnel; of investigative techniques experts, obtainment of evidence and other tactics of support and compliance with the law; techniques and procedures implemented to combat the production, distribution and trafficking of illegal narcotics and related illicit activities.

2. Preparation of training programs for equipment operation and maintenance, in addition to training in other areas for which such skills may be required.

3. Operation of training facilities specializing in information gathering, police tactics and techniques, river operations, ground operations, repair of small boats, including the equipment referred to in Annexes A and B of this agreement, and other areas as required.

Article VI Community Affairs:

The Permanent Committee for Community Affairs will be authorized to establish and review policies related to community standards, eligibility and equitable access to housing available to personnel and their dependents, assigned to CLN by the parties. These responsibilities will include:

1. Revision of CLN community support functions and operation and maintenance of housing units available to personnel and their dependents, assigned to CLN by the parties;

2. The appointment of a director and assistant director for community affairs who is to be chosen from within the members of the Permanent Committee, to review the daily CLN community support functions;

3. The appointment of an executive agent for facilities management, whose responsibility will be to guarantee the application of standards for operation and maintenance of housing units available to personnel and their dependents; and

4. The resolution of complaints brought about by personnel assigned by the parties to CLN, and their dependents, in relation to assignment or maintenance of housing units and to compliance with community standards.

Article VII Facilities:

In order for CLN to successfully carry out its functions to fight drug trafficking and other functions and activities described in Article IX, the government of the Republic of Panama:

1. Will make available to CLN, without interference, the use of facilities in the Howard area, in the Galeta antenna center, in the Corozal communications complex; the use of Howard’s airstrip, as well as access, without interference, to port facilities agreed upon (the location of these is identified in Annex B) and any additional facilities agreed upon by the parties.

2. Will take the necessary measures to prevent any activities in the coastal areas adjacent to Kobbe and Venado beaches which may interfere with the communications equipment of CLN and with the operation of aircraft or Howard’s airstrip.

3. Will adopt the necessary measures to prevent the development of activities that might interfere technically with communications within a radius of 1,800 meters (6,000 feet) from the main antenna in Galeta and the operations center in Corozal. Likewise, it will prohibit the construction of heavy industry or any other facility of possible high voltage electric emissions, within a radius of 3,200 meters (10,500 feet) from the main antenna in Galeta and the operations center in Corozal.

4. Will maintain open the R-12 highway from Coco Solo to Galeta island and will allow its continuous use by authorized parties; and

5. Will guarantee, in accordance with Article III, the necessary coordination between CLN activities and private commercial operations that may develop in neighboring areas, that are located on the west side of the airstrip or in any other place and that use such airstrip, to assure that CLN activities will have priority of access to the shared areas.

Article VIII Security and Access:

The government of Panama will possess primary responsibility for the physical security of the CLN, which is defined as those facilities associated with those referred to in article VII, in addition to the personnel and the equipment available to the CLN. To fulfill such responsibility, the government of Panama will take the necessary measures with relation to the land, territorial waters and air space adjacent to the CLN or its surroundings. The government of Panama will be able, in agreement with one or more parties, to select specific facilities for which responsibility for security, use and access will belong exclusively to one of the parties, or will be shared.

Article IX Contribution of Participating States:

In order to fulfill the objectives of the CLN, each party must provide equipment, supplies, and civil and military personnel authorized by the government and with the corresponding allowance. The parties will be able to enter into cooperation agreements, such as financial covenants and operation, services, administration; physical security and other supporting matters within the CLN, as is deemed pertinent. The parties will be able to decide, unanimously, other financing mechanisms for the CLN's functioning.

Article X Utilization of Resources:

None of the parties will initiate any action against the sovereignty or territorial integrity of the Republic of Panama. Activities taking place in other countries in the region and originating in the CLN will be carried out at the request or with the consent of the country where they are realized. The government of Panama grants its consent to the parties to use its equipment and personnel for CLN support and other activities in the Republic of Panama or in the region, such as search and rescue, training, logistic support and assistance in disasters. The parties will discuss, as needed, the related activities listed above or any other activities related with the CLN in which the parties participate in the Republic of Panama or in the region, as required by the government of the Republic of Panama, such activities will not be carried out in or from Panama’s territory.

Article XI Control of Resources

All civil and military personnel, resources and equipment assigned to the CLN by one of the parties will be maintained at all times under the authority of that State, unless otherwise agreed. Any recommendation or decision relating to the appointment or use of personnel or resources intended to execute the objectives of this agreement or any other, will require approval by the party providing such resources.

Article XII Living Conditions of Participating States Personnel:

The government of the Republic of Panama will ensure that all areas and facilities linked to the CLN receive the needed services to guarantee the security, protection and health of residents, including public security, public services, waste management, and fire prevention services. The government of the Republic of Panama will authorize each party to provide services or facilities in support of the community to ensure personnel welfare. Particular commercial services provided by one party will be made available to all CLN personnel, except when such services or facilities are subsidized by the providing party.

Article XIII Legal Status:

The government of the Republic of Panama will negotiate agreements with each party associated with the migratory and legal status of the members and their dependents located in the Republic of Panama in support of the CLN. If the government of the Republic of Panama gives favorable treatment with respect to criminal jurisdiction to members of any of the parties or their dependents, the same treatment will be applied equally to the members and dependents of the other parties.

Article XIV Applicable Laws

The government of the Republic of Panama will not expedite, adopt, or execute any law, decree, rule or international covenant, or take any action which involves regulation or interferes with the exercise, by any other party, any right guaranteed by this agreement or any other related agreement.

Article XV Conflict Resolution

Any disagreement related with the application, execution, or interpretation of this agreement will be solved through negotiation between interested parties, without right of appeal to any foreign entity or jurisdiction, except in agreed upon cases.

Article XVII Incorporation

States committed to the principles set out in the preamble of this agreement, and forming party to it, will be incorporated into the agreement when invited by the parties by unanimous decision. Incorporation will be realized within the time limit and terms established by the parties.

Article XVIII Applicability

1. This agreement will come into effect when the governments of Panama and the United States have been mutually notified, by diplomatic memorandum, that all internal requirements for applicability have been met.
2. Once this agreement has entered into effect, any State invited to participate in it can accept this agreement in accordance with the terms and conditions previously adopted by the other parties, in compliance with the laws of that State, and once the necessary steps have been taken to carry out the obligations under this agreement with the government of Panama.

Article XIX Duration

This agreement will be maintained in effect for 12 years, beginning on the date that it is entered into effect. From then on, it can be extended for fixed periods of five years, as decided by the parties.

Article XX Cancellation

Any party will be able to terminate participation in this agreement after is has been in effect for 12 years, by diplomatic memorandum, directed to the other parties, with a minimum one year notice in advance from the expiration of this agreement. If the government of the Republic of Panama withdraws from this agreement, all obligations under it will cease, including any obligation to supply facilities to the CLN, in accordance with Article VII. When notified of Panama’s withdrawal from this agreement, the other parties will consult to consider the possible relocation of the CLN.

Article XXI Other Agreements:

No part of this agreement will be interpreted in ways which restrict or limit the rights and obligations of the parties and their agencies, in accordance with any other bilateral or multilateral treaties or agreements presently in effect between them.

Article XXII Flags:

1. The Council of Delegates will design and adopt a flag that will symbolize the combined multilateral effort against illegal narcotics trafficking.
2. In recognition of the August 1997 Convention of the Organization of American States on the displaying of flags, each party’s flag shall fly as a whole in the main offices of the CLN. The CLN’s flag will occupy the central position and the other countries’ flags, which will be of the same size, will fly at the same height in a line or semicircle displayed in alphabetical order according to the Spanish name of each party. The national flags shall be hoisted at all times. In the event of the death of a Head of State or Government of any of the parties, the party can request authorization from the Permanent Committee to display the CLN flag at half mast for one day.
3. Each party’s national flag can be displayed inside the building and work areas they occupy.

Source:

¹ "Panamá Concede "Excesivas Responsabilidades" a Washington en el CMLN: México," Excelsior, January 27, 1998, February 1998 <http://www.excelsior.com.mx/9801/980127/exe03.html>.