(A) the costs of operating and maintaining
the Panama Canal;
(B) the competitive position of the -use of the
Canal in relation to other means of transportation;
(C) the interests of both Parties in maintaining their domestic fleets;
(D) the impact of such an adjustment on. the
various geographical areas of each ofih e two Parties;
and
(E) the interests of both Parties in maximizing
their international commerce.
The United States of America and the Republic of Panama shall cooperate in exchanging information necessary for the consideration of such factors.
(2) The agreement 'to maintain the regime of
neutrality established in this Treaty' in Article IV of the Treaty means that either of the two Parties to the Treaty may, in accordance with its constitutional processes, take unilateral action to defend the Panama Canal against any threat, as determined by the Party taking such action.
(3) The determination of 'need or emergency' for the purpose of any vessel of war or auxiliary vessel of the
United States of America or the Republic of Panama going to the head of the line of vessels in order to transit the Panama Canal rapidly shall be made by the nation operating such vessel.

TIAS 10029