in the presence of a U.S. Government representative. While handing over the offender, they were to inform the command of the Force of the charges against the offender and present the command with a copy of the preliminary interrogation. The Force command was to carry out a detailed investigation and deliver a copy of the inquest to the Egyptian authorities. The Force command and the Egyptian authorities were to assist each other in carrying out all necessary investigations concerning offenses by members of the Force, including production of witnesses, collection and presentation of evidence, and seizure and handing over of items connected with the offense.

The Egyptian note provided further that members of the Force were not to be subject to the civil jurisdiction of Egyptian courts in matters related to their official functions. The members were permitted to wear the uniform and insignias of the U.S. Armed Forces when within the operation zones; outside such zones, they were to wear civilian clothing.

On June 11, 1974, the United States and Egypt reached an agreement through an exchange of letters concerning assistance in the salvage and removal of sunken vessels from the Suez Canal (TIAS 7859; 25 UST 1273; entered into force June 11, 1974.)

Paragraph 1 of the agreement defines the intended scope of U.S. assistance, the provision of which is explicitly made subject to the availability of funds and to the laws of the United States. The United States agreed to "effect the removal" from the Canal of those vessels and other objects designated in an annex, and of such other objects and hazards to navigation in the Canal, as might be subsequently agreed, which Egypt could not remove without assistance. Paragraph 2 sets forth the responsibilities of the Government of Egypt, particularly those supporting functions necessary to the efficient conduct of the operation.

Paragraph 3 states that the U.S. Navy is to carry out the actual operations, making use of such contractors as it deems necessary and advisable. The Suez Canal Authority is designated as the agency primarily responsible for carrying out the undertakings of the Government of Egypt under the agreement. Under Paragraph 4, the operations covered by the agreement are to be governed by the further terms and conditions set forth in the agreement established by the exchange of notes dated April 13 and 25, 1974, relating to the exercise of jurisdiction over the personnel carrying out the operations, possible claims arising out of such operations, and related matters.

Panama Canal

On February 7, 1974, a Joint Statement was issued by Secretary of State Henry A. Kissinger and Juan Antonio Tack, Minister of Foreign Affairs of the Republic of Panama, with respect to the Panama Canal. The Joint Statement included a set of principles to serve as guidelines for further negotiation on a new treaty on the Panama Canal.

The Joint Statement notes that the United States and Panama had been engaged in negotiations to conclude a new treaty. Such negotiations, said the Statement "were made possible by the Joint Declaration between the two countries of April 3, 1964, agreed to under the auspices of the Permanent Council of the Organization of American States acting provisionally as the Organ of Consultation." The Statement also noted that the new treaty "would abrogate the treaty existing since 1903 and its subsequent amendments, establishing the necessary conditions for a modern relationship between the two countries based on the most profound mutual respect." The principles agreed to by the United States and Panama are as follows:

1. The treaty of 1903 and its amendments will be abrogated by the conclusion of an entirely new interoceanic canal treaty.

2. The concept of perpetuity will be eliminated. The new treaty concerning the lock canal shall have a fixed termination date.

3. Termination of United States jurisdiction over Panamanian territory shall take place promptly in accordance with terms specified in the treaty.

4. The Panamanian territory in which the canal is situated shall be returned to the jurisdiction of the Republic of Panama. The Republic of Panama, in its capacity as territorial sovereign, shall grant to the United States of America, for the duration of the new interoceanic canal treaty and in accordance with what that treaty states, the right to use the lands, waters, and airspace which may be necessary for the operation, maintenance, protection and defense of the canal and the transit of ships.

5. The Republic of Panama shall have a just and equitable share of the benefits derived from the operation of the canal in its territory. It is recognized that the geographic position of its territory constitutes the principal resource of the Republic of Panama.

6. The Republic of Panama shall participate in the administration of the canal, in accordance with a procedure to be agreed upon in the treaty. The treaty shall also provide that Panama will assume total responsibility for the operation of the canal upon the termination of the treaty. The Republic of Panama shall grant to the United States of America the rights necessary to regulate the transit of ships through the canal, to operate, maintain, protect and defend the canal, and to undertake any other specific activity related to those ends, as may be agreed upon in the treaty.

7. The Republic of Panama shall participate with the United States of America in the protection and defense of the canal in accordance with what is agreed upon in the new treaty.

8. The United States of America and the Republic of Panama, recognizing the important services rendered by the interoceanic Panama Canal to international maritime traffic, and bearing in mind. the possibility that the present canal could become inadequate for said traffic, shall agree bilaterally on provisions for new projects which will enlarge canal capacity. Such provisions will be incorporated in the new treaty in accord with the concepts established in principle 2.

See Dept. of State News Release, Feb. 7, 1974; the Dept. of State Bulletin, Vol. LXX, No. 1809, Feb. 25, 1974, pp. 184-185. The 1903 Convention, signed at Washington Nov. 18, 1903, and entered into force Feb. 26, 1904, is at 33 Stat. 2232; TS 431; 10 Bevans 663. Various amendments thereto are in the treaty of Mar. 2, 1936 (53 Stat. 1807; TS 945) and the treaty of Jan. 25, 1955 (6 UST 2273; TIAS 3297). In the Joint Declaration of Apr. 3, 1964, the United States and Panama agreed to reestablish diplomatic relations and to designate without delay Special Ambassadors "with sufficient powers to seek the prompt elimination of the causes of conflict between the two countries, without limitations or preconditions of any kind." For the full text, see the Dept. of State Bulletin, Vol. L, No. 1296, Apr. 27, 1964, p. 656.

The Deepwater Port Act of 1974 (P.L. 93–627; approved January 3, 1975) establishes the legal framework for licensing the construction and operation of port facilities in waters beyond the territorial limits of the United States in order to transport petroleum supplies obtained from foreign sources. Many of the Act's provisions are important from the standpoint of international law.

Section 2 of the Act, on congressional purpose, provides:

Sec. 2. (a) It is declared to be the purposes of the Congress in this Act to

(1) authorize and regulate the location, ownership, construction, and operation of deepwater ports in waters beyond the territorial limits of the United States;

(2) provide for the protection of the marine and coastal environment to prevent or minimize any adverse impact which might occur as a consequence of the development of such ports;

(3) protect the interests of the United States and those of adjacent coastal States in the location, construction, and operation of deepwater ports; and

(4) protect the rights and responsibilities of States and communities to regulate growth, determine land use, and otherwise protect the environment in accordance with law.

(b) The Congress declares that nothing in this Act shall be construed to affect the legal status of the high seas, the superjacent airspace, or the seabed and subsoil, including the Continental Shelf.

Section 3, which provides definitions, defines the term "deepwater port" as "any fixed or floating manmade structures other than a vessel, or any group of such structures, located beyond the territorial sea and off the coast of the United States and which are used or intended for use as a port or terminal for the loading or unloading and further handling of oil for transportation to any State . . . . The term includes all associated components and equipment, including pipelines, pumping stations, service platforms, mooring buoys, and similar appurtenances to the extent they are located seaward of the high water mark . . . ."

Section 4 of the Act requires licensing for the ownership, construction and operation of deepwater ports, such ports to be used for the transshipment of oil destined primarily for locations within the United States. The Secretary of Transportation may issue a license provided that several determinations are made, among them determinations that the port "will be in the national interest and consistent with national security and other national policy goals and objectives, including energy sufficiency and environmental quality;" and that the port "will not unreasonably interfere with international navigation or other reasonable uses of the high seas, as defined by treaty, convention, or customary international law." The Secretary must also determine, inter alia, that the port will be so constructed and operated as to prevent or minimize adverse impact on the marine environment.

Section 6 of the Act, on environmental review criteria, requires the Secretary of Transportation to establish such criteria consistent with the National Environmental Policy Act. These criteria are to be used to evaluate a deepwater port as proposed in an application, including (1) the effect on the marine environment; (2) the effect on oceanographic currents and wave patterns; (3) the effect on alternate uses of the oceans and navigable waters, such as scientific study, fishing, and exploitation of other living and nonliving resources; (4) the potential dangers to a deepwater port from waves, winds, weather, and geological conditions, and the steps which can be taken to protect against or minimize such dangers; (5) effects of land-based developments related to deepwater port development; (6) the effect on human health and welfare; and (7) such other considerations as the Secretary deems necessary or appropriate.

Section 10 of the Act, dealing with marine environmental protection and navigational safety, provides:

Sec. 10. (a) Subject to recognized principles of international law, the Secretary shall prescribe by regulation and enforce procedures with respect to any deepwater port, including, but not limited to, rules governing vessel movement, loading and unloading procedures,

designation and marking of anchorage areas, maintenance, law enforcement, and the equipment, training, and maintenance required (A) to prevent pollution of the marine environment, (B) to clean up any pollutants which may be discharged, and (C) to otherwise prevent or minimize any adverse impact from the construction and operation of such deepwater port.

(b) The Secretary shall issue and enforce regulations with respect to lights and other warning devices, safety equipment, and other matters relating to the promotion of safety of life and property in any deepwater port and the waters adjacent thereto.

(c) The Secretary shall mark, for the protection of navigation, any component of a deepwater port whenever the licensee fails to mark such component in accordance with applicable regulations. The licensee shall pay the cost of such marking.

(d) (1) Subject to recognized principles of international law and after consultation with the Secretary of the Interior, the Secretary of Commerce, the Secretary of State, and the Secretary of Defense, the Secretary shall designate a zone of appropriate size around and including any deepwater port for the purpose of navigational safety. In such zone, no installations, structures, or uses will be permitted that are incompatible with the operation of the deepwater port. The Secretary shall by regulation define permitted activities within such zone. The Secretary shall, not later than 30 days after publication of notice pursuant to section 5 (c) of this Act, designate such safety zone with respect to any proposed deepwater port.

(2) In addition to any other regulations, the Secretary is authorized, in accordance with this subsection, to establish a safety zone to be effective during the period of construction of a deepwater port and to issue rules and regulations relating thereto.

Under section 11 the Secretary of State, in consultation with the Secretary of Transportation, shall "seek effective international action and cooperation in support of the policy and purposes of this Act and may formulate, present, or support specific proposals in the United Nations and other competent international organizations for the development of appropriate international rules and regulations relative to the construction, ownership, and operation of deepwater ports, with particular regard for measures that assure protection of such facilities. as well as the promotion of navigational safety in the vicinity thereof." Section 19 of the Act, dealing with the applicability of other laws to deepwater ports, provides, in pertinent part:

Sec. 19. (a) (1) The Constitution, laws, and treaties of the United States shall apply to a deepwater port licensed under this Act and to activities connected, associated, or potentially interfering with the use or operation of any such port, in the same manner as if such port were an area of exclusive Federal jurisdiction located within a State. Nothing in this Act shall be construed to relieve, exempt, or immunize any person from any other requirement imposed by Federal law, regulation, or treaty. Deepwater ports licensed under this