127

129

131

133

Tolls for use of canal.

135

Neutrality of canal.

Rules for measurement of vessels.

201 Judiciary.

253

1.3

Subdivisions of Canal Zone. 1.4 Towns of the Canal Zone.

AUTHORITY: The provisions of § 1.1 issued under statutory authority vested in President and delegated to Secretary of Army by §§ 3.1, 3.2; § 1.2 issued under authority vested in Governor by 2 C.Z.C. 31, 33, 76A Stat. 7; §§ 1.3 and 1.4 issued under authority vested in the President by 2 C.Z.C. 3, 76A Stat. 7. SOURCE: The provisions of this Part 1 appear at 31 F.R. 12202, Sept. 16, 1966, unless otherwise noted.

NOTE: 1.3 and 1.4 contained in secs. 2, 3, and 4 of E.O. 7676, 2 F.R. 1579, July 26, 1937.

the following: admeasurement, quarantine, customs, and immigration.

"Canal authorities" includes the cognizant or appropriate official (s) of the Canal Zone Government or of the Panama Canal Company charged by law, regulation, or administrative assignment with the exercise of a particular duty, function or authority.

"Canal Zone" or "Zone", in a geographical sense, embraces the same land, land under water, and islands that are designated as such by 2 C.Z.C. 1, 2 (76A Stat. 7). The term also embraces the corridor referred to in 1 C.Z.C. 2 (76A Stat. 1), insofar as its inclusion in the term "Canal Zone" is consistent with 1 C.Z.C. 2.

"C.Z.C." or "Canal Zone Code" means the Canal Zone Code approved October 18, 1962 (76A Stat. 1), and includes any and all amendments thereto.

"Executive Secretary" includes the Executive Secretary of the Canal Zone Government, Deputy Executive Secretaries, Acting Executive Secretaries and Acting Deputy Executive Secretaries of such Government, as the case may be.

"Flammable” and “inflammable" have the same meaning.

"Governor" means the individual appointed by the President of the United States as Governor of the Canal Zone, pursuant to 2 C.Z.C. 32 (76A Stat. 7), or the authorized official duty acting as Governor during his absence or disability or in the event of a vacancy in the office of Governor, pursuant to § 3.21 (c). The Governor is ex officio President of the Panama Canal Company by law (2 C.Z.C. 64, 76A Stat. 11), and where the context so indicates, "Governor" may mean President, Panama Canal Company.

"Person", "whoever", or any equivalent term, includes a corporation, company, association, joint stock company, firm, partnership, and society, as well as an individual.

"Port Captain", if not specified, means the Port Captain, Balboa, or the Port Captain, Cristobal, as the case may be, or any person carrying out the functions of a port captain or his office in accordance with administrative authority duly assigned to him.

"Public vessel(s)" includes men-ofwar and other vessels operated by or for the Government of any nation in the performance of governmental, as distinguished from proprietary, functions.

"U.S.C." means the United States Code. "Vessel" or "ship" includes every description of water craft or artificial contrivance used, or capable of being used, as a means of transportation on water. § 1.2 Flag of Governor.

(a) The official flag of the Governor shall be made in two sizes, as follows: large flag, 6 ft. hoist, by 7 ft. 6 in. fly; small flag, 2 ft. hoist, by 2 ft. 6 in. fly. The body of the flag shall be dark blue. In the center of the flag shall be a white circle, the diameter of which shall be approximately one-half of the fly length of the flag. In the center of the circle, on each side of the flag, shall be the Seal of the Canal Zone, of which the following is a description: The seal consists of a shield, showing in base a Spanish galleon of the fifteenth century under full sail coming head on between two high banks, all purpure, the sky yellow with the glow of sunset; in the chief are the colors of the arms of the United States. Under the shield is the motto: "The land divided; the world united!"

(b) The flag of the Governor shall be used as follows:

(1) When the Governor is embarked in a boat for the purpose of making an official call, his flag shall be carried on a staff at the bow of the boat in which he is embarked; and

(2) While on board in his official capacity, or when taking passage on any Canal craft, his flag shall be carried at the mainmast head.

§ 1.3 Subdivisions of Canal Zone.

(a) The Canal Zone is divided into two subdivisions, one to be known as the Balboa Subdivision and the other as the Cristobal Subdivision.

(b) The Balboa Subdivision includes all that part of the Canal Zone which lies easterly of a line extended through the Canal Zone 5-mile boundary monument 40 on the eastern boundary, and monument 1482 (which is also a 100-foot contour monument) on the western boundary. Such line, extending through the monuments 40 and 1481⁄2 and bearing S. 39°46′ W. (true), crosses the Panama Railroad at a point 11 feet southerly from track-span bridge numbered 22-10, and crosses the Panama Canal at station 1339 plus 13 feet (which crossing point is 2721 feet northerly along the Tabernilla Reach from the Tabernilla P.I.) and is shown on Panama Canal drawing 610335, on file in the Office of the Governor.

(c) The Cristobal Subdivision includes all that part of the Canal Zone which lies westerly of the above-described line. § 1.4 Towns of the Canal Zone.

For the purposes of 2 C.Z.C. 3, 76A Stat. 7, and 3 C.Z.C. 81, 76A Stat. 54, the town of Balboa includes the town site of that name at the Pacific terminus of the Canal, and all other settlements within the Balboa Subdivision of the Canal Zone; and the town of Cristobal includes the town site of that name, and all other settlements within the Cristobal Subdivision of the Canal Zone

3.22 Military protection of the Canal Zone. 8.23 Consular officers for the Canal Zone. AUTHORITY: The provisions of §§ 3.1, 3.3 and 3.4 issued under authority vested in President by 3 U.S.C. 301; § 3.2 issued under authority vested in President by 2 C.Z.C. 31 and 62(b), 76A Stat. 7, 8; § 3.21 issued under supervisory authority vested in President by 2 C.Z.C. 31, 76A Stat. 7, and delegated to Secretary of Army by § 3.2; §3.22 issued under supervisory authority vested in President by 2 C.Z.C. 31 and as President and Commander in Chief of the Armed Forces; § 3.23 issued under authority vested in Governor by sec. 101(a) (9), 66 Stat. 166, as amended; 8 U.S.C. 1101(a) (9).

SOURCE: The provisions of this Part 3 appear at 31 F.R. 12203, Sept. 16, 1966, unless otherwise noted.

NOTE: 3.1-3.4 contained in E.O. 11305, 31 F.R. 12007, Sept. 12, 1966; § 3.22 contained in E.O. 10398, 17 F.R. 8647, Sept. 26, 1952.

Subpart A-Delegations of
Authority

§3.1 Delegations to Secretary of the Army.

(a) The Secretary of the Army shall exercise the powers vested in the President of the United States by the following provisions of the Canal Zone Code:

(1) 2 C.Z.C. 1331 (1), (2), and (3) (76A Stat. 46), relative to prescribing and amending regulations governing (i) the navigation of the harbors and other waters of the Canal Zone, (ii) the passage and control of vessels through the Canal or any part thereof, including the locks and approaches thereto, and (iii) pilotage in the Canal or the approaches thereto through the adjacent waters.

(2) 2 C.Z.C. 701 (76A Stat. 29), relative to prescribing and amending regulations governing aircraft, air navigation, air-navigation facilities, and aeronautical activities within the Canal Zone.

(3) 2 C.Z.C. 911 (76A Stat 36), relative to prescribing and amending regulations governing matters of health, sanitation, and quarantine for the Canal Zone.

(4) 2 C.Z.C. 1191 (76A Stat. 41), relative to prescribing and amending regulations governing the issuance and revocation of licenses to practice the healing art.

(5) 2 C.Z.C. 1441 (76A Stat. 49), relative to prescribing and amending regulations for levying, assessing, and col

lecting ad valorem, excise, license, and franchise taxes in the Canal Zone.

(6) 2 C.Z.C. 731 (76A Stat. 29) relative to prescribing and amending regulations relating to (i) the manufacture and sale of alcoholic beverages in the Canal Zone, and licenses and fees therefor, and (ii) the importation of alcoholic beverages into, and exportation thereof from, the Canal Zone.

(b) The Secretary of the Army, after consultation with the Secretary of State, shall exercise the powers vested in the President of the United States by 2 C.Z.C. 841 (76A Stat. 32), relative to making and amending regulations governing (1) the right of persons to enter, remain upon or pass over any part of the Canal Zone, and (2) the detention of persons entering the Canal Zone in violation of the regulations, and their return to the countries whence they came.

(c) The Secretary of the Army may redelegate to the Governor of the Canal Zone (hereafter in this subpart referred to as "the Governor") all or any designated portion of the powers delegated to the Secretary of the Army by § 3.1(a).

CROSS REFERENCE: Employment and compensation in the Canal Zone, see §§ 251.2 and 251.22 of this chapter.

§ 3.2 Secretary of the Army as representative of President.

(a) Pursuant to 2 C.Z.C. 31 and 62(b), respectively (76A Stat. 7 and 9), the Secretary of the Army is designated as the officer of the United States to supervise the administration of the Canal Zone Government by the Governor, and to act as "stockholder" of the Panama Canal Company.

(b) In performing his functions under § 3.2(a), the Secretary of the Army shall act as the direct representative of the President of the United States, and not in his capacity as head of the Department of the Army.

§ 3.3 Delegations to Governor.

(a) The Governor shall exercise the powers vested in the President of the United States by the following provisions of the Canal Zone Code:

(1) 2 C.Z.C. 1001 (76A Stat. 37), relative to making, publishing, enforcing, and amending rules and regulations for the use of public highways and roads in the Canal Zone, for the regulation, licensing, and taxing of the use and operation of all self-propelled vehicles using the public highways and roads, and for

the other matters referred to in 2 C.Z.C. 1001.

(2) 2 C.Z.C. 1002 (76A Stat. 37), relative to making mutual agreements with the Republic of Panama concerning (i) the reciprocal use of the public highways and roads of the Canal Zone and the Republic of Panama by self-propelled vehicles, (ii) taxes and license fees, and (iii) other matters of regulation to establish comity for the convenience of the residents of the two jurisdictions.

(3) 2 C.Z.C. 1134 (76A Stat. 39), relative to establishing the rate of interest borne by postal savings certificates.

(4) 2 C.Z.C. 1331(4) (76A Stat. 46), relative to prescribing and amending regulations governing the licensing of officers or other operators of vessels (including pilots of vessels and operators of motorboats) navigating the waters of the Canal Zone.

(5) 3 C.Z.C. 82 (76A Stat. 54, relative to (i) the appointment and removal of magistrates, and (ii) the appointment of relief magistrates and the assignment of a magistrate to another magistrate's court in the circumstances specified in 3 C.Z.C. 82.

(6) 3 C.Z.C. 86 (76A Stat. 55), relative to prescribing regulations governing the administration of magistrates' courts and prescribing (i) the duties of magistrates and constables, (ii) oaths and bonds, (iii) the times and places of holding magistrates' courts, and (iv) the disposition of fines, costs, and forfeitures.

(7) 6 C.Z.C. 1281 (76A Stat. 455), relative to prescribing and amending rules and regulations to assert and exercise the police power in the Canal Zone, or for any portion or division thereof, for the purpose of enforcing 6 C.Z.C. 1281 (a) declaring unlawful the engaging in or permitting any indecent or immoral conduct.

(b) The Governor's authority to exercise the powers enumerated in § 3.3(a) is subject to (1) the provisions of 2 C.Z.C. 34 (76A Stat. 8), (2) the supervision of the Secretary of the Army, and (3), in the case of § 3.3(a) (2), consultation with the ranking diplomatic officer of the United States accredited to the Republic of Panama.

(c) His authority under 2 C.Z.C. 31 and 33 (76A Stat. 7) to establish, alter, or discontinue military and naval reservations shall be exercised by the Governor (1) only with the approval of the Secretary of the Army in all cases, and

(2) also only after consultation with (i) the Secretary of the Navy in the case of Naval reservations and in the case of other reservations and bases concerning which the Department of the Navy may express an interest, (ii) the Secretary of the Air Force in the case of air-force bases and in the case of other reservations and bases concerning which the Department of the Air Force may express an interest, and (iii) both the Secretary of the Navy and the Secretary of the Air Force when they both have an interest.

§ 3.4 Scope of delegated powers; duty of Government personnel; construction.

(a) The Secretary of the Army may exercise the powers delegated or otherwise assigned to him by this subpart without approval, ratification, or other action by the President.

(b) The Governor may exercise the powers delegated to him by § 3.3(a), and any powers redelegated to him under §3.1 (c), (i) without approval, ratification, or other action by the President, and (ii), except to the extent inconsistent with § 3.3(b) (2) and except as the Secretary of the Army may otherwise provide in pursuance of § 3.1(c), without approval, ratification, or other action by the Secretary of the Army.

(c) All officers, officials, and employees of the United States, including disbursing, accounting, and auditing officers, shall give the same effect to any acts of those authorized under this subpart to exercise powers as if exercised by the President.

(d) This subpart does not limit or restrict the right of the President to exercise any power specified in this subpart.

(e) Unless inappropriate, references in this subpart to any statute or to any provision of any statute shall be deemed to include references thereto as amended from time to time.

(c) Unless the Secretary of the Army designates another person for the purpose, acts as Governor during the absence or disability of the Governor or if there is a vacancy in the office of Governor. § 3.22 Military protection of the Canal Zone.

(a) As between the Commander in Chief, United States Southern Command, and the Governor of the Canal Zone, the views of the former shall prevail with respect to determinations as to whether any aspect of the protection of the Canal Zone pertains to its military security, protection, and defense, as distinguished from the protection afforded by the civil authorities.

(b) Should the Governor of the Canal Zone disagree with a specific decision of the Commander in Chief, United States Southern Command, under this section, the Governor may, through the Secretary of the Army or through the Board of Directors of the Panama Canal Company, as may be appropriate, appeal the decision to the President of the United States. Pending any modification of the decision by the President pursuant to appeal, the decision shall remain binding and effective.

(c) This section shall remain in force until the termination of the emergency proclaimed by the President December 16, 1950 (Proc. 2914, 3 CFR, 1950 Supp.). § 3.23 Consular officers for the Canal

Zone.

(a) The Executive Secretary of the Canal Zone Government, the Deputy Executive Secretary, and the Assistant Executive Secretary are designated as "consular officers" for the purpose, in the case of aliens in the Canal Zone, of issuing immigrant or nonimmigrant visas under the Immigration and Nationality Act. 66 Stat. 163 (8 U.S.C. 1101 et seq.).

(b) The Shipping commissioner and deputy shipping commissioners of the Canal Zone Government are designated as "consular officers" for the purpose of issuing crew list visas in the Canal Zone.

5.82 5.83

Conditions and limitations.

Return of lands to Canal Zone Government.

AUTHORITY: The provisions of § 5.1 issued under authority vested in President by 2 C.Z.C. 331, 76A Stat. 25; § 5.2 issued under authority vested in President by sec. 1, 54 Stat. 724; 20 U.S.C. 79; §§ 5.21 to 5.83 issued under authority vested in Governor by 2 C.Z.C. 31, 33, 76A Stat. 7, as limited by President under § 3.3 (c) of this chapter.

SOURCE: The provisions of this Part 5 appear at 31 F.R. 12204, Sept. 16, 1966, unless otherwise noted.

NOTE: 5.1 contained in E.O. 1656, Dec. 5, 1912; § 5.2 contained in E.O. 8515, 5 F.R. 2857, Aug. 13, 1940.

§ 5.1

Subpart A-Public Lands

Acquisition by United States of title to land in Canal Zone.

All land and land under water within the limits of the Canal Zone, excepting that tract of land in the town of Cristo