The Panama Government Publishes Details of the Memorandum of Understanding with the US assuring that it does not Violate Panama Sovereignty

The Ministry of Foreign Affairs shared a statement in which they conducted a ‘detailed analysis‘ of the memorandum of understanding signed on Wednesday, April 9, with the United States Secretary of Defense, Pete Hegseth.  The Foreign Ministry released the full document signed by the U.S. Secretary of Defense and the Panamanian Minister of Security, which states, according to the document:

• It does not infringe on our sovereignty and emphasizes mutual respect for the independence, sovereignty, and territorial integrity of both countries. Specifically, it establishes that all security facilities in Panamanian territory, including locations authorized for joint activities will remain Panamanian facilities.

This is established in point 1 of the memorandum, which reads: “With full respect for the sovereignty and laws of the Republic of Panama, and in close coordination with the Ministry of Public Security…“

They assert that this is reinforced in point 2, which states: “All security facilities located within the territory of the Republic of Panama, including authorized locations, designated facilities and areas, remain Panamanian facilities.”

In the statement, the government states that it is clear from what was agreed upon that Panama maintains complete control and ownership, reaffirming sovereignty throughout the national territory.

They go on to indicate that the memorandum states that:

• There will be no military bases, and it is also noted that the agreement is temporary: The agreement allows for the temporary presence of U.S. personnel and contractors for activities such as training, exercises, and security cooperation, but does not contemplate the establishment of permanent military bases. Furthermore, any improvements or construction on the facilities will be the property of the Government of Panama.

They go on to explain that when reading point 7 of the Memorandum of Understanding between the nations, it is clear that “U.S. personnel may be temporarily present in the territory of the Republic of Panama and with full respect for the Constitution of the Republic of Panama and Panamanian laws.”

“Authorized locations and designated facilities and areas will be for joint use by both participants.”

Along the same lines, they cite point 8, which they claim is clear and does not allow for interpretation, stating: “Once completed, all non-relocatable facilities constructed will become the property of the Government of the Republic of Panama …”

This Memorandum of Understanding is part of the legal and historical context of cooperation between the Republic of Panama and the United States in matters of security, including the conduct of joint exercises in Panamanian territory, in compliance with the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal of 1977,” they state.

All of these activities have been carried out without implying, at any time, the transfer of sovereignty, jurisdiction, or territorial rights by the Panamanian State.

• The Panamanian Ministry of Public Security maintains control and access at all times over security in authorized locations and has the authority to grant access to U.S. personnel as needed, thus ensuring Panamanian authority over these areas.

The Memorandum of Understanding is clear when it states in point 4 that “The Ministry of Public Security has the power to allow free access to the designated facilities and areas, and their use…”.

It continues in point 6 by emphasizing that “The Ministry of Public Security is primarily responsible for security at authorized locations.”

It ends in point 7 by stating that “… the Ministry of Public Security may access these areas with prior notification to U.S. personnel.“

• The Memorandum of Understanding limits compliance with the Political Constitution and Panamanian laws. This is clearly stated in the considerations at the top of the document, which reads: ” Whereas, pursuant to the arrangement between the Government of the Republic of Panama and the Government of the United States of America, U.S. personnel may be temporarily present in the territory of the Republic of Panama with full respect for the Constitution of the Republic of Panama and Panamanian laws.”
• This Memorandum of Understanding may be terminated unilaterally by the Republic of Panama by giving six months’ notice to the United States. This is clearly stated in point 19 of the document: “Either Participant may terminate this Memorandum at any time by giving six (6) months’ written notice to the other Participant of its intention to terminate it.”