§3612a — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The Commission can create and use an official corporate seal that courts will accept. The Board of Directors can make, change, and cancel bylaws to run the Commission’s business. The Commission can sue and be sued in its corporate name, but whether it can be sued is limited by Article VIII of the Panama Canal Treaty of 1977, section 3761 of this title, and other laws. Its employees’ pay generally cannot be attached or garnished except as allowed by section 5520a of title 5, sections 659, 661, and 662 of title 42, or other specific U.S. laws. The Commission does not have to pay interest on claims or judgments. The Commission can enter contracts, leases, and other deals. It decides what expenses are needed and how to pay them, following laws that apply to government corporations. It has the same priority as the United States for debts in bankruptcy. The Commission can appoint U.S. citizens abroad to act as notaries for its employees and their dependents; those notary appointments expire three months after the Canal Transfer Date unless ended earlier. Notarizations by those appointees count in the United States the same as if done by a U.S. notary, and the signer’s title with the signature is taken as proof that the signer is authorized. The Commission’s powers here are subject to the Panama Canal Treaty of 1977 and chapter 91 of title 31.

Title 22, §3612a

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)The Commission may adopt, alter, and use a corporate seal, which shall be judicially noticed.

(b)The Commission may by action of the Board of Directors adopt, amend, and repeal bylaws governing the conduct of its general business and the performance of the powers and duties granted to or imposed upon it by law.

(c)The Commission may sue and be sued in its corporate name, except that—

(1)the amenability of the Commission to suit is limited by Article VIII of the Panama Canal Treaty of 1977, section 3761 of this title, and otherwise by law;

(2)an attachment, garnishment, or similar process may not be issued against salaries or other moneys owed by the Commission to its employees except as provided by section 5520a of title 5 and section 659, 661, and 662 11 See References in Text note below. of title 42, or as otherwise specifically authorized by the laws of the United States; and

(3)the Commission is exempt from the payment of interest on claims and judgments.

(d)The Commission may enter into contracts, leases, agreements, or other transactions.

(e)The Commission—

(1)may determine the character of, and necessity for, its obligations and expenditures and the manner in which they shall be incurred, allowed, and paid; and

(2)may incur, allow, and pay its obligations and expenditures, subject to pertinent provisions of law generally applicable to Government corporations.

(f)The Commission shall have the priority of the Government of the United States in the payment of debts out of bankrupt estates.

(g)(1)The Commission may appoint any United States citizen to have the general powers of a notary public to perform, on behalf of Commission employees and their dependents outside the United States, any notarial act that a notary public is required or authorized to perform within the United States. Unless an earlier expiration is provided by the terms of the appointment, any such appointment shall expire three months after the Canal Transfer Date.

(2)Every notarial act performed by a person acting as a notary under paragraph (1) shall be as valid, and of like force and effect within the United States, as if executed by or before a duly authorized and competent notary public in the United States.

(3)The signature of any person acting as a notary under paragraph (1), when it appears with the title of that person’s office, is prima facie evidence that the signature is genuine, that the person holds the designated title, and that the person is authorized to perform a notarial act.

(h)The authority of the Commission under this section and section 3612b of this title is subject to the Panama Canal Treaty of 1977 and related agreements, and to chapter 91 of title 31.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 661 and 662 of title 42, referred to in subsec. (c)(2), were repealed by Pub. L. 104–193, title III, § 362(b)(1), Aug. 22, 1994, 110 Stat. 2246.

Amendments

1997—Subsec. (g). Pub. L. 105–85, § 3546(2), added subsec. (g). Former subsec. (g) redesignated (h). Subsec. (h). Pub. L. 105–85, § 3550(d)(3), made technical amendment to reference in original act which appears in text as reference to section 3612b of this title. Pub. L. 105–85, § 3546(1), redesignated subsec. (g) as (h).

§3612a General Powers of Commission