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Contemporary Practice of the United States Relating to International Law
Published online by Cambridge University Press: 27 February 2017
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- Copyright © American Society of International Law 1988
References
1 For a summary of the indictments, see Dept. of Justice news release, Feb. 5, 1988, also in Dept. of State File No. P88 0056–1708.
2 See Situation in Panama: Hearings Before the Subcomm. on Western Hemisphere Affairs of the Senate Comm. on Foreign Relations, 99th Cong., 2d Sess. (1986). See in particular id. at 38–43, reprinted in American Foreign Policy: Current Documents, 1986, at 792–95.
3 See Dept. St. Bull., No. 2127, October 1987, at 11, 13. For a further statutory prohibition on assistance to Panama, see p. 574 infra.
4 On Feb. 25 and 26, 1988, the White House issued statements reiterating the “unqualified support of the United States for civilian constitutional rule in Panama.” See 24 Weekly Comp. Pres. Doc. 263, 265 (Feb. 29, 1988). See also the statement of Ambassador Richard T. McCormack, U.S. Permanent Representative to the Organization of American States, Feb. 27, 1988, before a Special Session of its Permanent Council, OEA/Ser.G, CP/Acta 729/88 (1988).
5 For the text, see Dept. of State File No. P88 0058-1104.
6 Id. Nos. P88 0059-0376 and P88 0059-0373. The certification related to and included all gold, silver, currency, credits, deposits, securities, choses in action, and any other form of property, the proceeds thereof, and any right, title, or interest therein, theretofore or thereafter received by any Federal Reserve bank or insured bank, from or for the account of the Government of Panama or any of its agencies or instrumentalities, including Banco Nacional de Panama, as its fiscal agent. The certification encompassed the following premises: that Panama is a foreign state recognized by the United States Government; that Ambassador Sosa is its Ambassador to the United States and is recognized by the Secretary of State as its accredited representative; that Ambassador Sosa had certified to the Secretary of State in the note dated Mar. 2, 1988, referred to in the text supra, his full control and authority to receive, control, and dispose of any and all such property, and that the Secretary of State accepted and recognized Ambassador Sosa’s full power and authority in these respects.
On Apr. 1, 1988, Acting Secretary of State Whitehead delegated his authority to make section 25(b) certifications with respect to Panama to the Assistant Secretary of State for Inter-American Affairs, effective Apr. 4, 1988. 53 Fed. Reg. 12,092 (1988).
7 No. 88 Civ. 1427 (LFM) (S.D.N.Y. Mar. 2, 1988).
8 See Republic of Panama v. Republic Nat’l Bank of New York, 681 F.Supp. 1066 (S.D.N. Y. 1988). See also Republic of Panama v. Citizens & S. Int’l Bank, 682 F.Supp. 1544 (S.D. Fla. 1988); Republic of Panama v. First Nat’l Bank of Boston, No. 88–0518–H (D. Mass.) (in which District Judge Edward F. Harrington granted a temporary restraining order on Mar. 3, 1988; the case was settled prior to a hearing on the application for a preliminary injunction and dismissed on Mar. 11, 1988).
9 IRS Bull., No. 1988–16, Apr. 18, 1988, at 27–28.
1 24 UST 564, TIAS No. 7570 (entered into force for the United States Jan. 26, 1973).
2 Dept. of State Files L/T. On May 20, President Reagan forwarded the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation to the Senate for advice and consent to ratification. S. Treaty Doc. No. 19, 100th Cong., 2d Sess. (1988).
For the Convention on Offenses and Certain Other Acts Committed on Board Aircraft, done Sept. 14, 1963, see 20 UST 2941, TIAS No. 6768, 704 UNTS 219. For the Convention for the Suppression of Unlawful Seizure of Aircraft, done Dec. 16, 1970, see 22 UST 1641, TIAS No. 7192.
1 Anti-Drug Abuse Act of 1986, Pub. L. No. 99-570, §2005, 100 Stat. 3207, 3207–61–63 (1986) (codified at 22 U.S.C. §2291(h)(2)(A)).
2 53 Fed. Reg. 11,487 (1988).
3 Proclamation No. 5779, id. at 9,850, dated Mar. 23, 1988, denied until further notice the preferential tariff treatment afforded under the Generalized System of Preferences and the Caribbean Basin Economic Recovery Act to articles otherwise eligible for such treatment that are imported from Panama.
The President’s action was undertaken pursuant to §802(a) under title VIII of the Trade Act of 1974, 19 U.S.C. §2492(a), as added by title IX (Denial of Trade Benefits to Uncooperative Major Drug Producing or Drug-Transit Countries) of the Anti-Drug Abuse Act of 1986, supra note 1, 100 Stat. 3207–164. The provisions of title VIII, known as the Narcotics Control Trade Act, authorize restrictive tariff treatment to be given products of uncooperative major producing or drug–transit countries. Under §803 of the Trade Act of 1974, as added by Pub. L. No. 99–570, no allocation may be made of any limitation imposed on the quantity of sugar (that may be imported into the United States) to any country having a government that is involved in the trade of illicit narcotics or that is failing to cooperate with the United States in narcotics enforcement activities as defined in §802(b), as determined by the President.
4 24 Weekly Comp. Pres. Doc. 328 (Mar. 14, 1988).
5 53 Fed. Reg. 12,134–35 (1988).
6 See p. 567 supra.
7 Pub. L. No. 100–202, §101(e), 101 Stat. 1329-131 (1987).
8 Reprinted in 1 House Comm. on Foreign Affairs and Senate Comm. on Foreign Relations, 101st Cong., 2d Sess., Legislation on Foreign Relations Through 1987, at 546–47 (Jt. Comm. Print 1988).
9 Id. at 547–48.
10 These included payments by individuals other than income tax payments (individuals who make their own social security payments may continue to do so); travel–related payments by individuals, including departure fees and ticket taxes, or by U.S. firms in connection with the provision of travel services to individuals, e.g., landing fees and fuel; payments for postal services and for telephone, telegraph and other telecommunication services; payments for utilities including electricity, water and similar municipal services; payments of indirect taxes (i.e., those normally collected in the purchase of goods and services such as sales and excise taxes) and certain administrative fees paid in connection with basic business activity (Treasury regulations to be issued will specify which administrative fees can be paid).
11 Dept. of the Treasury news release, Apr. 30, 1988, Dept. of State File No. P88 0063–0941.
For the Panamanian Transaction Regulations, see 53 Fed. Reg. 20,565 (1988).
1 Res. IWC/39/24 and IWC/39/45, International Whaling Commission, Chairman’s Report of the 39th Meeting, 22–26 June 1987, Apps. 1 and 4 (1987).
2 Dept. of State, Exec. Secretariat Log No. 8804258, attachment. See also U.S. Whaling Policy, Dept. of State, Gist, October 1987.
On the postal vote, see IWC Circular Communications, Dec. 22, 1987, and Feb. 15, 1988, IWC Refs. RG/VJH/16800 and RG/VJH/16891, respectively.
3 24 Weekly Comp. Pres. Doc. 438 (Apr. 11, 1988).
4 106 S.Ct. 2860 (1986), rev’g American Cetacean Soc’y v. Baldrige, 604 F.Supp. 1398 (D.D.C.), 604 F.Supp. 1411 (D.D.C.), 768 F.2d 426 (D.C. Cir. 1985).
5 See 79 AJIL 434 (1985).
6 106 S.Ct. at 2871.