U.S. Department of the Interior Office of Insular Affairs
Compact Text posted on this Website is provided as a courtesy.
For the official version of the Compact, please consult U.S. public law or the U.S. Government Printing Office.
COMPACT OF FREE ASSOCIATION ACT OF 1985
U.S. PUBLIC LAW 99-239 - JAN. 14, 1986
[courtesy of RMI Government]
U.S. Public Law 99-239
99th Congress
Joint Resolution
To approve the "Compact of Free Association", and for other purposes.
PREAMBLE
THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENTS
OF THE MARSHALL ISLANDS AND THE FEDERATED STATES OF MICRONESIA,
Affirming that their Governments and their relationships
as Governments are founded upon respect for human rights and fundamental
freedoms for all, and that the peoples of the Trust Territory
of the Pacific Islands have the right to enjoy self-government;
and
Affirming the common interests of the United States
of America and the peoples of the Trust Territory of the Pacific
Islands in creating close and mutually beneficial relationships
through three free and voluntary associations of their respective
Governments; and
Affirming the interest of the Government of the United
States in promoting the economic advancement and self-sufficiency
of the peoples of the Trust Territory of the Pacific Islands;
and
Recognizing that their previous relationship has been
based upon the International Trusteeship System of the United
Nations Charter, and in particular Article 76 of the Charter;
and that pursuant to Article 76 of the Charter, the peoples of
the Trust Territory have progressively developed their institutions
of self-government, and that in the exercise of their sovereign
right to self-determination they have, through their freely-expressed
wishes, adopted Constitutions appropriate to their particular
circumstances; and
Recognizing their common desire to terminate the Trusteeship
and establish three new government-to-government relationships
each of which is in accordance with a new political status based
on the freely-expressed wishes of peoples of the Trust Territory
of the Pacific Islands and appropriate to their particular circumstances;
and
Recognizing that the peoples of the Trust Territory
of the Pacific Islands have and retain their sovereignty and their
sovereign right to self-determination and the inherent right to
adopt and amend their own Constitutions and forms of government
and that the approval of the entry of their respective Governments
into this Compact of Free Association by the peoples of the Trust
Territory of the Pacific Islands constitutes an exercise of their
sovereign right to self-determination;
NOW, THEREFORE, AGREE to enter into relationships of free association
which provide a full measure of self-government for the peoples
of the Marshall Islands and the Federated States of Micronesia;
and
FURTHER AGREE that the relationships of free association derive
from and are as set forth in this Compact; and that, during such
relationships of free association, the respective rights and responsibilities
of the Government of the United States and the Governments of
the freely associated states of the Marshall Islands and the Federated
States of Micronesia in regard to these relationships of free
association derive from and are as set forth in this Compact.
TITLE ONE
GOVERNMENTAL RELATIONS
Article I
Self-Government
Section 111
The peoples of the Marshall Islands and the Federated States
of Micronesia, acting through the Governments established under
their respective Constitutions, are self-governing.
Article II
Foreign Affairs
Section 121
(a) The Governments of the Marshall Islands and the Federated
States of Micronesia have the capacity to conduct foreign affairs
and shall do so in their own name and right, except as otherwise
provided in this Compact.
(b) The foreign affairs capacity of the Governments of the
Marshall Islands and the Federated States of Micronesia includes:
(1) the conduct of foreign affairs relating to law of the
sea and marine resources matters, including the harvesting, conservation,
exploration or exploitation of living and non-living resources
from the sea, seabed or subsoil to the full extent recognized
under international law;
(2) the conduct of their commercial, diplomatic, consular,
economic, trade, banking, postal, civil aviation, communications,
and cultural relations, including negotiations for the receipt
of developmental loans and grants and the conclusion of arrangements
with other governments and international and intergovernmental
organizations, including any matters specially benefiting their
individual citizens.
(c) The Government of the United States recognizes that the
Governments of the Marshall Islands and the Federated States of
Micronesia have the capacity to enter into, in their own name
and right, treaties and other international agreements with governments
and regional and international organizations.
(d) In the conduct of their foreign affairs, the Governments
of the Marshall Islands and the Federated States of Micronesia
confirm that they shall act in accordance with principles of international
law and shall settle their international disputes by peaceful
means.
Section 122
The Government of the United States shall support applications
by the Governments of the Marshall Islands and the Federated States
of Micronesia for membership or other participation in regional
or international organizations as may be mutually agreed. The
Government of the United States agrees to accept for training
and instruction at the Foreign Service Institute, established
under 22 U.S.C. 4021, citizens of the Marshall Islands and the
Federated States of Micronesia. The qualifications of candidates
for such training and instruction and all other terms and conditions
of participation by citizens of the Marshall Islands and the Federated
States of Micronesia in Foreign Service Institute programs shall
be as mutually agreed between the Government of the United States
and the Governments of the Marshall Islands and the Federated
States of Micronesia.
Section 123
(a) In recognition of the authority and responsibility of the
Government of the United States under Title Three, the Governments
of the Marshall Islands and the Federated States of Micronesia
shall consult, in the conduct of their foreign affairs, with the
Government of the United States.
(b) In recognition of the respective foreign affairs capacities
of the Governments of the Marshall Islands and the Federated States
of Micronesia, the Government of the United States, in the conduct
of its foreign affairs, shall consult with the Government of the
Marshall Islands or the Federated States of Micronesia on matters
which the Government of the United States regards as relating
to or affecting any such Government.
Section 124
The Government of the United States may assist or act on behalf
of the Government of the Marshall Islands or the Federated States
of Micronesia in the area of foreign affairs as may be requested
and mutually agreed from time to time. The Government of the United
States shall not be responsible to third parties for the actions
of the Government of the Marshall Islands or the Federated States
of Micronesia undertaken with the assistance or through the agency
of the Government of the United States pursuant to this Section
unless expressly agreed.
Section 125
The Government of the United States shall not be responsible
for nor obligated by any actions taken by the Government of the
Marshall Islands or the Federated States of Micronesia in the
area of foreign affairs, except as may from time to time be expressly
agreed.
Section 126
At the request of the Government of the Marshall Islands or
the Federated States of Micronesia and subject to the consent
of the receiving state, the Government of the United States shall
extend consular assistance on the same basis as for citizens of
the United States to citizens of the Marshall Islands and the
Federated States of Micronesia for travel outside the Marshall
Islands and the Federated States of Micronesia, the United States
and its territories and possessions.
Section 127
Except as otherwise provided in this Compact or its related
agreements, all obligations, responsibilities, rights and benefits
of the Government of the United States as Administering Authority
which have resulted from the application pursuant to the Trusteeship
Agreement of any treaty or other international agreement to the
Trust Territory of the Pacific Islands on the day preceding the
effective date of this Compact are no longer assumed and enjoyed
by the Government of the United States.
Article III
Communications
Section 131
(a) The Governments of the Marshall Islands and the Federated
States of Micronesia have full authority and responsibility to
regulate their respective domestic and foreign communications,
and the Government of the United States shall provide communications
assistance in accordance with the terms of a separate agreement
which shall come into effect simultaneously with this Compact,
and such agreement shall remain in effect until such time as any
election is made pursuant to Section 131(b) and which shall provide
for the following:
(1) the Government of the United States remains the sole administration
entitled to make notification to the International Frequency
Registration Board of the International Telecommunications Union
of frequency assignments to radio communications stations respectively
in the Marshall Islands and the Federated States of Micronesia;
and to submit to the International Frequency Registration Board
seasonal schedules for the broadcasting stations respectively
in the Marshall Islands and the Federated States of Micronesia
in the bands allocated exclusively to the broadcasting service
between 5,950 and 26,100 kHz and in any other additional frequency
bands that may be allocated to use by high frequency broadcasting
stations; and
(2) the United States Federal Communications Commission has
jurisdiction, pursuant to the Communications Act of 1934, 47
U.S.C. 151 et. seq., and the Communications Satellite Act of
1962, 47 U.S.C. 721 et. seq., over all domestic and foreign communications
services furnished by means of satellite earth terminal stations
where such stations are owned or operated by United States common
carriers and are located in the Marshall Islands or the Federated
States of Micronesia.
(b) The Government of the Marshall Islands or the Federated
States of Micronesia may elect at any time to undertake the functions
enumerated in Section 131(a) and previously performed by the Government
of the United States. Upon such election, the Government of the
United States shall so notify the International Frequency Registration
Board and shall take such other actions as may be necessary to
transfer to the electing Government the notification authority
referred to in Section 131(a) and all rights deriving from the
previous exercise of any such notification authority by the Government
of the United States.
Section 132
The Governments of the Marshall Islands and the Federated States
of Micronesia shall permit the Government of the United States
to operate telecommunications services in the Marshall Islands
and the Federated States of Micronesia to the extent necessary
to fulfill the obligations of the Government of the United States
under this Compact in accordance with the terms of separate agreements
which shall come into effect simultaneously with this Compact.
Article IV
Immigration
Section 141
(a) Any person in the following categories may enter inter
lawfully engage in occupations, and establish residence as a non-immigrant
in the United States and its territories and possessions without
regard to paragraphs (14), (20), and (26) of section 212(a) of
the Immigration and Nationality Act, 8 U.S.C. 1182(a) (14), (20),
and (26):
(1) A person who, on the day preceding the effective date
of this Compact, is a citizen of the Trust Territory of the Pacific
Islands, as defined in Title 53 of the Trust Territory Code in
force on January 1, 1979, and has become a citizen of the Marshall
Islands or the Federated States of Micronesia;
(2) A person who acquires the citizenship of the Marshall
Islands or the Federated States of Micronesia at birth, on or
after the effective date of the respective Constitution;
(3) A naturalized citizen of the Marshall Islands or the Federated
States of Micronesia who has been an actual resident there for
not less than five years after attaining such naturalization
and who holds a certificate of actual residence; or
(4) A person entitled to citizenship in the Marshall Islands
by lineal descent whose name is included in a list to be furnished
by the Government of the Marshall Islands to the United States
Immigration and Naturalization Service and any descendants of
such persons, provided that such person holds a certificate of
lineal descent issued by the Government of the Marshall Islands.
Such persons shall be considered to have the permission of
the Attorney General of the United States to accept employment
in the United States.
(b) The right of such persons to establish habitual residence
in a territory or possession of the United States may, however,
be subjected to non-discriminatory limitations provided for:
(1) in statutes or regulations of the United States; or
(2) in those statutes or regulations of the territory or possession
concerned which are authorized by the laws of the United States.
(c) Section 141(a) does not confer on a citizen of the Marshall
Islands or the Federated States of Micronesia the right to establish
the residence necessary for naturalization under the Immigration
and Nationality Act, or to petition for benefits for alien relatives
under that Act. Section 141(a), however, shall not prevent a citizen
of the Marshall Islands or the Federated States of Micronesia
from otherwise acquiring such rights or lawful permanent resident
alien status in the United States.
Section 142
(a) Any citizen or national of the United States may enter
inter lawfully engage in occupations, and reside in the Marshall
Islands or the Federated States of Micronesia, subject to the
rights of those Governments to deny entry to or deport any such
citizen or national as an undesirable alien. A citizen or national
of the United States may establish habitual residence or domicile
in the Marshall Islands or the Federated States of Micronesia
only in accordance with the laws of the jurisdiction in which
habitual residence or domicile is sought.
(b) With respect to the subject matter of this Section, the
Government of the Marshall Islands or the Federated States of
Micronesia shall accord to citizens and nationals of the United
States treatment no less favorable than that accorded to citizens
of other countries; any denial of entry to or deportation of a
citizen or national of the United States as an undesirable alien
must be pursuant to reasonable statutory grounds.
Section 143
(a) The privileges set forth in Sections 141 and 142 shall
not apply to any person who takes an affirmative step to preserve
or acquire a citizenship or nationality other than that of the
Marshall Islands, the Federated States of Micronesia or the United
States.
(b) Every person having the privileges set forth in Sections
141 and 142 who possesses a citizenship or nationality other than
that of the Marshall Islands, the Federated States of Micronesia
or the United States ceases to have these privileges two years
after the effective date of this Compact, or within six months
after becoming 21 years of age, whichever comes later, unless
such person executes an oath of renunciation of that other citizenship
or nationality.
Section 144
(a) A citizen or national of the United States who, after notification
to the Government of the United States of an intention to employ
such person by the Government of the Marshall Islands or the Federated
States of Micronesia, commences employment with such Government
shall not be deprived of his United States nationality pursuant
to Section 349(a)(2) and (a)(4) of the Immigration and Nationality
Act, 8 U.S.C. 1481 (a)(2) and (a)(4).
(b) Upon such notification by the Government of the Marshall
Islands or the Federated States of Micronesia, the Government
of the United States may consult with or provide information to
the notifying Government concerning the prospective employee,
subject to the provisions of the Privacy Act, 5 U.S.C. 552a.
(c) The requirement of prior notification shall not apply to
those citizens or nationals of the United States who are employed
by the Government of the Marshall Islands or the Federated States
of Micronesia on the effective date of this Compact with respect
to the positions held by them at that time.
Article V
Representation
Section 151
Relations between the Government of the
United States and the Governments of the Federated States of Micronesia
and the Republic of the Marshall Islands shall be conducted in
accordance with the Vienna Convention on Diplomatic Relations.
In addition to diplomatic missions and representation, the Governments
may establish and maintain other offices and designate other representatives
on terms and in locations as may be mutually agreed.
Note: This section amended
effective Aug. 24, 1989. Previous text is available here.
Section 152
Note: This section deleted
by amendment effective Aug. 24, 1989. Previous text is available
here.
Section 153
(a) Any citizen or national of the United States who, after
consultation between the designating Government and the Government
of the United States, is designated by the Government of the Marshall
Islands or the Federated States of Micronesia as its agent, shall
enjoy exemption from the requirements of the laws of the United
States relating to the registration of foreign agents. The Government
of the United States shall promptly comply with a request for
consultation made by the prospective designating Government. During
the course of the consultation, the Government of the United States
may, in its discretion, and subject to the provisions of the Privacy
Act, 5 U.S.C. 552a, transmit such information concerning the prospective
designee as may be available to it to the prospective designating
Government.
(b) Any citizen or national of the United States may be employed
by the Government of the Marshall Islands or the Federated States
of Micronesia to represent to foreign governments, officers or
agents thereof the positions of the Government of the Marshall
Islands or the Federated States of Micronesia, without regard
to the provisions of 18 U.S.C. 953.
Article VI
Environmental Protection
Section 161
The Governments of the United States, the Marshall Islands
and the Federated States of Micronesia declare that it is their
policy to promote efforts to prevent or eliminate damage to the
environment and biosphere and to enrich understanding of the natural
resources of the Marshall Islands and the Federated States of
Micronesia. In order to carry out this policy, the Government
of the United States and the Governments of the Marshall Islands
and the Federated States of Micronesia agree to the following
mutual and reciprocal undertakings.
(a) The Government of the United States:
(1) shall continue to apply the environmental controls in
effect on the day preceding the effective date of this Compact
to those of its continuing activities subject to Section 161(a)(2),
unless and until those controls are modified under Sections 161(a)(3)
and 161(a)(4);
(2) shall apply the National Environmental Policy Act of 1969,
83 Stat. 852, 42 U.S.C. 4321 et seq., to its activities
under the Compact and its related agreements as if the Marshall
Islands and the Federated States of Micronesia were the United
States;
(3) shall comply also, in the conduct of any activity requiring
the preparation of an Environmental Impact Statement under Section
161(a)(2), with standards substantively similar to those required
by the following laws of the United States, taking into account
the particular environments of the Marshall Islands and the Federated
States of Micronesia: the Endangered Species Act of 1973, 87
Stat, 884, 16 U.S.C. 1531 et seq.; the Clean Air
Act, 77 Stat. 392, 42 U,S,C. Supp. 7401 et seq.;
the Clean Water Act (Federal Water Pollution Control Act), 86
Stat. 896, 33 U.S.C. 1251 et seq.; the Ocean Dumping Act
(Title I of the Marine Protection, Research and Sanctuaries Act
of 1972), 86 Stat. 1053, 33 U.S.C. 1411 et seq.;
the Toxic Substances Control Act, 90 Stat. 2003, 15 U.S.C. 2601
et seq.; the Resources Conservation and Recovery Act of
1976, 90 Stat. 2796, 42 U.S.C. 6901 et seq.; and such
other environmental protection laws of the United States as may
be mutually agreed from time to time with the Government of the
Marshall Islands or the Federated States of Micronesia; and
(4) shall develop, prior to conducting any activity requiring
the preparation of an Environmental Impact Statement under Section
161(a)(2), appropriate mechanisms, including regulations or other
judicially reviewable standards and procedures, to regulate its
activities governed by Section 161(a)(3) in the Marshall Islands
and the Federated States of Micronesia in a manner appropriate
to the special governmental relationship set forth in this Compact.
The agencies of the Government of the United States designated
by law to administer the laws set forth in Section 161(a)(3)
shall participate as appropriate in the development of any regulation,
standard or procedure under this Section, and the Government
of the United States shall provide the affected Government of
the Marshall Islands or the Federated States of Micronesia with
the opportunity to comment during such development.
(b) The Governments of the Marshall Islands and the Federated
States of Micronesia shall develop standards and procedures to
protect their environments. As a reciprocal obligation to the
undertakings of the Government of the United States under this
Article, the Governments of the Marshall Islands and the Federated
States of Micronesia, taking into account their particular environments,
shall develop standards for environmental protection substantively
similar to those required of the Government of the United States
by Section 161(a)(3) prior to their conducting activities in the
Marshall Islands and the Federated States of Micronesia, respectively,
substantively equivalent to activities conducted there by the
Government of the United States and, as a further reciprocal obligation,
shall enforce those standards.
(c) Section 161(a), including any standard or procedure applicable
thereunder, and Section 161(b) may be modified or superseded in
whole or in part by agreement of the Government of the United
States and the Government of the Marshall Islands or the Federated
States of Micronesia.
(d) In the event that an Environmental Impact Statement is
no longer required under the laws of the United States for major
federal actions significantly affecting the quality of the human
environment, the regulatory regime established under Sections
161(a)(3) and 161(a)(4) shall continue to apply to such activities
of the Government of the United States until amended by mutual
agreement.
(e) The President of the United States may exempt any of the
activities of the Government of the United States under this Compact
and its related agreements from any environmental standard or
procedure which may be applicable under Sections 161(a)(3) and
161(a)(4) if the President determines it to be in the paramount
interest of the Government of the United States to do so, consistent
with Title Three of this Compact and the obligations of the Government
of the United States under international law. Prior to any decision
pursuant to this subsection, the views of the affected Government
of the Marshall Islands or the Federated States of Micronesia
shall be sought and considered to the extent practicable. If the
President grants such an exemption, to the extent practicable
a report with his reasons for granting such exemption shall be
given promptly to the affected Government.
(f) The laws of the United States referred to in Section 161(a)(3)
shall apply to the activities of the Government of the United
States under this Compact and its related agreements only to the
extent provided for in this Section.
Section 162
The Government of the Marshall Islands or the Federated States
of Micronesia may bring an action for judicial review of any administrative
agency action or any activity of the Government of the United
States pursuant to Sections 161(a), 161(d) or 161(e) or for enforcement
of the obligations of the Government of the United States arising
thereunder. The United States District Court for the District
of Hawaii and the United States District Court for the District
of Columbia shall have jurisdiction over such action or activity,
and over actions brought under Section 172(b) which relate to
the activities of the Government of the United States and its
officers and employees, governed by Section 161, provided that:
(a) such actions may only be civil actions for any appropriate
civil relief other than punitive damages against the Government
of the United States or, where required by law, its officers in
their official capacity; no criminal actions may arise under this
Section;
(b) actions brought pursuant to this Section may be initiated
only by the Government concerned;
(c) administrative agency actions arising under Section 161
shall be reviewed pursuant to the standard of judicial review
set forth in 5 U.S.C. 706;
(d) the District Court shall have jurisdiction to issue all
necessary processes, and the Government of the United States agrees
to submit itself to the jurisdiction of the court; decisions of
the District Court shall be reviewable in the United States Court
of Appeals for the Ninth Circuit or the United States Court of
Appeals for the District of Columbia, respectively, or in the
United States Supreme Court as provided by the laws of the United
States;
(e) the judicial remedy provided in this Section shall be the
exclusive remedy for the judicial review or enforcement of the
obligations of the Government of the United States under this
Article and actions brought under Section 172(b) which relate
to the activities of the Government of the United States and its
officers and employees governed by Section 161; and
(f) in actions pursuant to this Section, the Governments of
the Marshall Islands and the Federated States of Micronesia shall
be treated as if they were United States citizens.
Section 163
(a) For the purpose of gathering data necessary to study the
environmental effects of activities of the Government of the United
States subject to the requirements of this Article, the Governments
of the Marshall Islands and the Federated States of Micronesia
shall be granted access to facilities operated by the Government
of the United States in the Marshall Islands and the Federated
States of Micronesia, to the extent necessary for this purpose,
except to the extent such access would unreasonably interfere
with the exercise of the authority and responsibility of the Government
of the United States under Title Three.
(b) The Government of the United States, in turn, shall be
granted access to the Marshall Islands or the Federated States
of Micronesia for the purpose of gathering data necessary to discharge
its obligations under this Article, except to the extent such
access would unreasonably interfere with the exercise of the authority
and responsibility of the Government of the Marshall Islands or
the Federated States of Micronesia under Title One, and to the
extent necessary for this purpose shall be granted access to documents
and other information to the same extent similar access is provided
those Governments under the Freedom of Information Act, 5 U.S.C.
552.
(c) The Governments of the Marshall Islands and the Federated
States of Micronesia shall not impede efforts by the Government
of the United States to comply with applicable standards and procedures.
Article VII
General Legal Provisions
Section 171
Except as provided in this Compact or its related agreements,
the application of the laws of the United States to the Trust
Territory of the Pacific Islands by virtue of the Trusteeship
Agreement ceases with respect to the Marshall Islands and Agreement
ceases with respect to the Marshall Islands and the Federated
States of Micronesia as of the effective date of this Compact.
Section 172
(a) Every citizen of the Marshall Islands or the Federated
States of Micronesia who is not a resident of the United States
shall enjoy the rights and remedies under the laws of the United
States enjoyed by any non-resident alien.
(b) The Governments of the Marshall Islands and the Federated
States of Micronesia and every citizen of the Marshall Islands
or the Federated States of Micronesia shall be considered a "person"
within the meaning of the Freedom of Information Act, 5 U.S.C.
552, and of the judicial review provisions of the Administrative
Procedure Act, 5 U.S.C. 701-706, except that only the Government
of the Marshall Islands or the Federated States of Micronesia
may seek judicial review under the Administrative Procedure Act
or judicial enforcement under the Freedom of Information Act when
such judicial review or enforcement relates to the activities
of the Government of the United States governed by Sections 161
and 162.
Section 173
The Governments of the United States, the Marshall Islands
and the Federated States of Micronesia agree to adopt and enforce
such measures, consistent with this Compact and its related agreements,
as may be necessary to protect the personnel, property, installations,
services, programs and official archives and documents maintained
by the Government of the United States in the Marshall Islands
and the Federated States of Micronesia pursuant to this Compact
and its related agreements and by those Governments in the United
States pursuant to this Compact and its related agreements.
Section 174
Except as otherwise provided in this Compact and its related
agreements:
(a) The Governments of the Marshall Islands and the Federated
States of Micronesia shall be immune from the jurisdiction of
the courts of the United States, and the Government of the United
States shall be immune from the jurisdiction of the courts of
the Marshall Islands and the Federated States of Micronesia.
(b) The Government of the United States accepts responsibility
for and shall pay:
(1) any unpaid money judgment rendered by the High Court of
the Trust Territory of the Pacific Islands against the Government
of the Trust Territory of the Pacific Islands or the Government
of the United States with regard to any cause of action arising
as a result of acts or omissions of the Government of the Trust
Territory of the Pacific Islands or the Government of the United
States prior to the effective date of this Compact;
(2) any claim settled by the claimant and the Government of
the Trust Territory of the Pacific Islands but not paid as of
the effective date of this Compact; and
(3) settlement of any administrative claim or of any action
before a court of the Trust Territory of the Pacific Islands,
pending as of the effective date of this Compact, against the
Government of the Trust Territory of the Pacific Islands or the
Government of the United States, arising as a result of acts
or omissions of the Government of the Trust Territory of the
Pacific Islands or the Government of the United States.
(c) Any claim not referred to in Section 174(b) and arising
from an act or omission of the Government of the Trust Territory
of the Pacific Islands or the Government of the United States
prior to the effective date of this Compact shall be adjudicated
in the same manner as a claim adjudicated according to Section
174(d). In any claim against the Government of the Trust Territory
of the Pacific Islands, the Government of the United States shall
stand in the place of the Government of the Trust Territory of
the Pacific Islands. A judgment on any claim referred to in Section
174(b) or this subsection, not otherwise satisfied by the Government
of the United States, may be presented for certification to the
United States Court of Appeals for the Federal Circuit, or its
successor court, which shall have jurisdiction therefor, notwithstanding
the provisions of 28 U.S.C. 1502, and which court's decisions
shall be reviewable as provided by the laws of the United States.
The United States Court of Appeals for the Federal Circuit shall
certify such judgment, and order payment thereof, unless it finds,
after a hearing, that such judgment is manifestly erroneous as
to law or fact, or manifestly excessive. In either of such cases
the United States Court of Appeals for the Federal Circuit shall
have jurisdiction to modify such judgment.
(d) The Governments of the Marshall Islands and the Federated
States of Micronesia shall not be immune from the jurisdiction
of the courts of the United States, and the Government of the
United States shall not be immune from the jurisdiction of the
courts of the Marshall Islands and the Federated States of Micronesia
in any case in which the action is based on a commercial activity
of the defendant Government where the action is brought, or in
a case in which damages are sought for personal injury or death
or damage to or loss of property occurring where the action is
brought.
Section 175
A separate agreement, which shall come into effect simultaneously
with this Compact, shall be concluded between the Government of
the United States and the Governments of the Marshall Islands
and the Federated States of Micronesia regarding mutual assistance
and cooperation in law enforcement matters including the pursuit,
capture, imprisonment and extradition of fugitives from justice
and the transfer of prisoners. The separate agreement shall have
the force of law. In the United States, the laws of the United
States governing international extradition, including 18 U.S.C.
3184, 3186 and 3188-3195, shall be applicable to the extradition
of fugitives under the separate agreement, and the laws of the
United States governing the transfer of prisoners, including 18
U.S.C, 4100-4115, shall be applicable to the transfer of prisoners
under the separate agreement.
Section 176
The Governments of the Marshall Islands and the Federated States
of Micronesia confirm that final judgments in civil cases rendered
by any court of the Trust Territory of the Pacific Islands shall
continue in full force and effect, subject to the constitutional
power of the courts of the Marshall Islands and the Federated
States of Micronesia to grant relief from judgments in appropriate
cases.
Section 177
(a) The Government of the United States accepts the responsibility
for compensation owing to citizens of the Marshall Islands or
the Federated States of Micronesia for loss or damage to property
and person of the citizens of the Marshall Islands, the Federated
States of Micronesia or resulting from the nuclear testing program
which the Government of the United States conducted in the Northern
Marshall Islands between June 30, 1946, and August 18, 1958.
(b) The Government of the United States and the Government
of the Marshall Islands shall set forth in a separate agreement
provisions for the just and adequate settlement of all such claims
which have arisen in regard to the Marshall Islands and its citizens
and which have not as yet been compensated or which in the future
may arise, for the continued administration by the Government
of the United States of direct radiation related medical surveillance
and treatment programs and radiological monitoring activities
and for such additional programs and activities as may be mutually
agreed, and for the assumption by the Government of the Marshall
Islands of responsibility for enforcement of limitations on the
utilization of affected areas developed in cooperation with the
Government of the United States and for the assistance by the
Government of the United States in the exercise of such responsibility
as may be mutually agreed. This separate agreement shall come
into effect simultaneously with this Compact and shall remain
in effect in accordance with ifs own terms.
Section 178
(a) The federal agencies of the Government of the United States
which provide the services and related programs in the Marshall
Islands or the Federated States of Micronesia pursuant to Articles
II and III of Title Two are authorized to settle and pay tort
claims arising in the Marshall Islands or the Federated States
of Micronesia from the activities of such agencies or from the
acts or omissions of the employees of such agencies. Except as
provided in Section 178(b), the provisions of 28 U.S.C. 2672 and
31 U.S.C. 1304 shall apply exclusively to such administrative
settlements and payments.
(b) Claims under Section 178(a) which cannot be settled under
Section 178(a) shall be disposed of exclusively in accordance
with Article II of Title Four. Arbitration awards rendered pursuant
to this subsection shall be paid out of funds under 31 U.S.C.
1304.
(c) The Government of the United States and the Government
of the Marshall Islands or the Federated States of Micronesia
shall, in the separate agreements referred to in Section 232,
provide for:
(1) the administrative settlement of claims referred to in
Section 178(a), including designation of local agents in the
Marshall Islands and each State of the Federated States of Micronesia;
such agents to be empowered to accept, investigate and settle
such claims, in a timely manner, as provided in such separate
agreements; and
(2) arbitration, referred to in Section 178(b), in a timely
manner, at a site convenient to the claimant, in the event a
claim is not otherwise settled pursuant to Section 178(a).
The provisions of Section 174(d) shall not apply to claims
covered by this Section.
TITLE TWO
ECONOMIC RELATIONS
Article I
Grant Assistance
Section 211
(a) In order to assist the Governments of the Marshall Islands
and the Federated States of Micronesia in their efforts to advance
the economic self-sufficiency of their peoples and in recognition
of the special relationship that exists between them and the United
States, the Government of the United States shall provide on a
grant basis the following amounts:
(1) To the Government of the Marshall Islands, $26.1 million
annually for five years commencing on the effective date of this
Compact, $22.1 million annually for five years commencing on
the fifth anniversary of the effective date of this Compact,
and $19.1 million annually for five years commencing on the tenth
anniversary of this Compact. Over this fifteen year period, the
Government of the Marshall Islands shall dedicate an average
of no less than 40 percent of these amounts to the capital account
subject to provision for revision of this percentage incorporated
into the plan referred to in Section 211(b); and
(2) To the Government of the Federated States of Micronesia,
$60 million annually for five years commencing on the effective
date of this Compact, $51 million annually for five years commencing
on the fifth anniversary of the effective date of this Compact,
and $40 million annually for five years commencing on the tenth
anniversary of the effective date of this Compact. Over this
fifteen year period, the Government of the Federated States of
Micronesia shall dedicate an average of no less than 40 percent
of these amounts annually to the capital account subject to provision
for revision of this percentage incorporated into the plan referred
to in Section 211(b). To take into account the special nature
of the assistance, to be provided under this paragraph and Sections
212(b), 213(c), 214(c), 215(a)(3), 215(b)(3), 216(a), 216(b),
221(a), and 221(b), the division of these amounts among the national
and state governments of the Federated States of Micronesia shall
be certified to the Government of the United States by the Government
of the Federated States of Micronesia.
(b) The annual expenditure of the grant amounts specified for
the capital account in Section 211(a) by the Governments of the
Marshall Islands and the Federated States of Micronesia shall
be in accordance with official overall economic development plans
provided by those Governments and concurred in by the Government
of the United States prior to the effective date of this Compact.
These plans may be amended from time to time by the Government
of the Marshall Islands or the Federated States of Micronesia.
(c) The Government of the United States and the Governments
of the Marshall Islands and the Federated States of Micronesia
recognize that the achievement of the goals of the plans referred
to in Section 211(b) depends upon the availability of adequate
internal revenue as well as economic assistance from sources outside
of the Marshall Islands and the Federated States of Micronesia,
including the Government of the United States, and may, in addition,
be affected by the impact of exceptional, economically adverse
circumstances. Each of the Governments of the Marshall Islands
and the Federated States of Micronesia shall therefore report
annually to the President of the United States and to the Congress
of the United States on the implementation of the plans and on
their use of the funds specified in this Article. These reports
shall outline the achievements of the plans to date and the need,
if any, for an additional authorization and appropriation of economic
assistance for that year to account for any exceptional, economically
adverse circumstances. It is understood that the Government of
the United States cannot be committed by this Section to seek
or support such additional economic assistance.
Section 212
In recognition of the special development needs of the Federated
States of Micronesia, the Government of the United States shall
provide to the Government of the Federated States of Micronesia
$1 million annually for fourteen years commencing on the first
anniversary of the effective date of this Compact. This amount
may be used by the Government of the Federated States of Micronesia
to defray current account expenditures attendant to the operation
of the United States military Civic Action Teams made available
in accordance with the separate agreement referred to in Section
227.
Section 213
(a) The Government of the United States shall provide on a
grant basis $1.9 million annually to the Government of the Marshall
Islands in conjunction with Section 321(a). The Government of
the Marshall Islands, in its use of such funds, shall take into
account the impact of the activities of the Government of the
United States in the Kwajalein Atoll area of the Marshall Islands.
(b) The Government of the United States shall provide on a
grant basis to the Government of the Federated States of Micronesia
the sum of $160,0.00 in conjunction with Section 321(a). This
sum shall be made available concurrently with the grant assistance
provided pursuant to this Article during the first year after
the effective date of this Compact. The Government of the Federated
States of Micronesia, in its use of such funds, shall take into
account the impact of the activities of the Government of the
United States in Yap State, Federated States of Micronesia.
Section 214
As a contribution to efforts aimed at achieving increased self-sufficiency
in energy production, the Government of the United States shall
provide on a current account grant basis for fourteen years commencing
on the first anniversary of the effective date of this Compact
the following amounts:
(a) To the Government of the Marshall Islands, $2 million annually.
(b) To the Government of the Federated States of Micronesia,
$3 million annually.
Section 215
(a) As a contribution to the current account operations and
maintenance of communications systems, the Government of the United
States shall provide on a grant basis for fifteen years commencing
on the effective date of this Compact the following amounts:
(1) To the Government of the Marshall Islands, $300,000 annually;
and
(2) To the Government of the Federated States of Micronesia,
$600,000 annually.
(b) For the purpose of acquiring such communications hardware
as may be located within the Marshall Islands and the Federated
States of Micronesia or for such other current or capital account
activity as may be selected, the Government of the United States
shall provide, concurrently with the grant assistance provided
pursuant to this Article during the first year after the effective
date of this Compact, the sum of $9 million to be allocated as
follows:
(1) To the Government of the Marshall Islands, $3 million;
and
(2) To the Government of the Federated States of Micronesia,
$6 million.
Section 216
(a) The Government of the United States shall provide on a
current account basis an annual grant of $5.369 million for fifteen
years commencing on the effective date of this Compact for the
purposes set forth below:
(1) $890,000 annually for the surveillance and enforcement
by the Governments of the Marshall Islands and the Federated
States of Micronesia of their respective maritime zones;
(2) $1.791 million annually for health and medical programs,
including referrals to hospital and treatment centers; and
(3) $2.687 million annually for a scholarship fund or funds
to support the post-secondary education of citizens of the Marshall
Islands and the Federated States of Micronesia attending United
States accredited, post-secondary institutions in the United
States, its territories and possessions, the Marshall Islands
or the Federated States of Micronesia. The curricular criteria
for the award of scholarships shall be designed to advance the
purposes of the plans referred to in Section 211(b).
(b) The Government of the United States shall provide the sum
of $1.333 million as a contribution to the commencement of activities
pursuant to Section 216(a)(l).
(c) The annual grants referred to in Section 216(a) and the
sum referred to in Section 216(b) shall be made available by the
Government of the United States promptly after it receives instruction
for their distribution agreed upon by the Governments of the Marshall
Islands and the Federated States of Micronesia.
Section 217
Except as otherwise provided, the amounts stated in Sections
211, 212, 214, 215 and 231 shall be adjusted for each Fiscal Year
by the percent which equals two-thirds of the percentage change
in the United States Gross National Product Implicit Price Deflator,
or seven percent, whichever is less in any one year, using the
beginning of Fiscal Year 1981 as the base.
Section 218
If in any year the funds made available by the Government of
the United States for that year pursuant to this Article or Section
231 are not completely obligated by the recipient Government,
the unobligated balances shall remain available in addition to
the funds to be provided in subsequent years.
Section 219
All funds previously appropriated to the Trust Territory of
the Pacific Islands which are unobligated by the Government of
the Trust Territory of the Pacific Islands as of the effective
date of this Compact shall accrue to the Governments of the Marshall
Islands and the Federated States of Micronesia for the purposes
for which such funds were originally appropriated as determined
by the Government of the United States.
Article II
Program Assistance
Section 221
(a) The Government of the United States shall make available
to the Marshall Islands and the Federated States of Micronesia,
in accordance with and to the extent provided in the separate
agreements referred to in Section 232, without compensation and
at the levels equivalent to those available to the Trust Territory
of the Pacific Islands during the year prior to the effective
date of this Compact, the services and related programs:
(1) of the United States Weather Service;
(2) of the United States Federal Emergency Management Agency;
(3) provided pursuant to the Postal Reorganization Act, 39
U.S.C. 101 et seq.;
(4) of the United States Federal Aviation Administration;
and
(5) of the United States Civil Aeronautics Board or its successor
agencies which has the authority to implement the provisions
of paragraph 5 of Article IX of such separate agreements, the
language of which is incorporated into this Compact.
(b) The Government of the United States, recognizing the special
needs of the Marshall Islands and the Federated States of Micronesia
particularly in the fields of education and health care, shall
make available, as provided by the laws of the United States,
the annual amount of $10 million which shall be allocated in accordance
with the provisions of the separate agreement referred to in Section
232.
(c) The Government of the United States shall make available
to the Marshall Islands and the Federated States of Micronesia
such alternate energy development projects, studies and conservation
measures as are applicable to the Trust Territory of the Pacific
Islands on the day preceding the effective date of this Compact,
for the purposes and duration provided in the laws of the United
States.
(d) The Government of the United States shall have and exercise
such authority as is necessary for the purposes of this Article
and as is set forth in the separate agreements referred to in
Section 232, which shall also set forth the extent to which services
and programs shall be provided to the Marshall Islands and the
Federated States of Micronesia.
Section 222
The Government of the United States and the Government of the
Marshall Islands or the Federated States of Micronesia shall consult
regularly or upon request regarding:
(a) the economic development of the Marshall Islands or the
Federated States of Micronesia; or
(b) the services and programs referred to in this Article.
These services and programs shall continue to be provided by the
Government of the United States unless their modification is provided
by mutual agreement or their termination in whole or in part is
requested by any recipient Government.
Section 223
The citizens of the Marshall Islands and the Federated States
of Micronesia who are receiving post-secondary educational assistance
from the Government of the United States on the day preceding
the effective date of this Compact shall continue to be eligible,
if otherwise qualified, to receive such assistance to complete
their academic programs for a maximum of four years after the
effective date of this Compact.
Section 224
The Government of the United States and the Government of the
Marshall Islands or the Federated States of Micronesia may agree
from time to time to the extension of additional United States
grant assistance, services and programs as provided by the laws
of the United States, to the Marshall Islands or the Federated
States of Micronesia, respectively.
Section 225
The Governments of the Marshall Islands and the Federated States
of Micronesia shall make available to the Government of the United
States at no cost such land as may be necessary for the operations
of the services and programs provided pursuant to this Article,
and such facilities as are provided by the Government of the Marshall
Islands or the Federated States of Micronesia at no cost to the
Government of the United States as of the effective date of this
Compact or as may be mutually agreed thereafter.
Section 226
The Governments of the Marshall Islands and the Federated States
of Micronesia may request, from time to time, technical assistance
from the federal agencies and institutions of the Government of
the United States, which are authorized to grant such technical
assistance in accordance with its laws and which shall grant such
technical assistance in a manner which gives priority consideration
to the Marshall Islands and the Federated States of Micronesia
over other recipients not a part of the United States, its territories
or possessions. The Government of the United States shall coordinate
the provision of such technical assistance in consultation with
the respective recipient Government.
Section 227
In recognition of the special development needs of the Federated
States of Micronesia, the Government of the United States shall
make available United States military Civic Action Teams for use
in the Federated States of Micronesia under terms and conditions
specified in a separate agreement which shall come into effect
simultaneously with this Compact.
Article III
Administrative Provisions
Section 231
Upon the thirteenth anniversary of the effective date of this
Compact, the Government of the United States and the Governments
of the Marshall Islands and the Federated States of Micronesia
shall commence negotiations regarding those provisions of this
Compact which expire on the fifteenth anniversary of its effective
date. If these negotiations are not concluded by the fifteenth
anniversary of the effective date of this Compact, the period
of negotiations shall extend for not more than two additional
years, during which time the provisions of this Compact including
Title Three shall remain in full force and effect. During this
additional period of negotiations, the Government of the United
States shall continue its assistance to the Governments with which
it is negotiating pursuant to this Section at a level which is
the average of the annual amounts granted pursuant to Sections
211, 212, 213, 214, 215 and 216 during the first fifteen years
of this Compact. The average annual amount paid pursuant to Sections
211, 212, 214 and 215 shall be adjusted pursuant to Section 217.
Section 232
The specific nature, extent and contractual arrangements of
the services and programs provided for in Section 221 as well
as the legal status of agencies of the Government of the United
States, their civilian employees and contractors, and the dependents
of such personnel while present in the Marshall Islands or the
Federated States of Micronesia, and other arrangements in connection
with a service or program furnished by the Government of the United
States, are set forth in separate agreements which shall come
into effect simultaneously with this Compact.
Section 233
The Government of the United States, in consultation with the
Governments of the Marshall Islands and the Federated States of
Micronesia, shall determine and implement procedures for the periodic
audit of all grants and other assistance made under Article I
of this Title and of all funds expended for the services and programs
provided under Article II of this Title. Such audits shall be
conducted on an annual basis during the first five years following
the effective date of this Compact and shall be at no cost to
the Government of the Marshall Islands or the Federated States
of Micronesia.
Section 234
Title to the property of the Government of the United States
situated in the Trust Territory of the Pacific Islands or acquired
for or used by the Government of the Trust Territory of the Pacific
Islands on or before the day preceding the effective date of this
Compact shall, without reimbursement or transfer of funds, vest
in the Governments of the Marshall Islands and the Federated States
of Micronesia as set forth in a separate agreement which shall
come into effect simultaneously with this Compact. The provisions
of this Section shall not apply to the property of the Government
of the United States for which the Government of the United States
determines a continuing requirement.
Section 235
(a) Funds held in trust by the High Commissioner of the Trust
Territory of the Pacific Islands, in his official capacity, as
of the effective date of this Compact shall remain available as
trust funds to their designated beneficiaries. The Government
of the United States, in consultation with the Government of the
Marshall Islands or the Federated States of Micronesia, shall
appoint a new trustee who shall exercise the functions formerly
exercised by the High Commissioner of the Trust Territory of the
Pacific Islands.
(b) To provide for the continuity of administration, and to
assure the Governments of the Marshall Islands and the Federated
States of Micronesia that the purposes of the laws of the United
States are carried out and that the funds of any other trust fund
in which the High Commissioner of the Trust Territory of the Pacific
Islands has authority of a statutory or customary nature shall
remain available as trust funds to their designated beneficiaries,
the Government of the United States agrees to assume the authority
formerly vested in the High Commissioner of the Trust Territory
of the Pacific Islands.
Section 236
Except as otherwise provided, approval of this Compact by the
Government of the United States shall constitute a pledge of the
full faith and credit of the United States for the full payment
of the sums and amounts specified in Articles I and III of this
Title. The obligation of the United States under Articles I and
III of this Title shall be enforceable in the United States Claims
Court, or its successor court, which shall have jurisdiction in
cases arising under this Section, notwithstanding the provisions
of 28 U.S.C. 1502, and which court's decisions shall be reviewable
as provided by the laws of the United States.
Article IV
Trade
Section 241
The Marshall Islands and the Federated States of Micronesia
are not included in the customs territory of the United States.
Section 242
The President shall proclaim the following
tariff treatment for articles imported from the Federated States
of Micronesia or the Marshall Islands which shall apply during
the period of effectiveness of this title:
(1) Unless otherwise excluded, articles imported from the
Federated States of Micronesia or the Marshall Islands, subject
to the limitations imposed under sections 503(b) and 504(c) of
title 5 of the Trade Act of 1974 (19 U.S.C. 2463(b); 2464(c)),
shall be exempt from duty.
(2) Only canned tuna provided for in item 112.30 of the Tariff
Schedules of the United States that is imported from the Federated
States of Micronesia and the Marshall Islands during any calendar
year not to exceed 10 percent of the United States consumption
of canned tuna during the immediately preceding calendar year,
as reported by the National Marine Fisheries Service, shall be
exempt from duty; but the quantity of tuna given duty free treatment
under this paragraph for any calendar year shall be counted against
the aggregate quantity of canned tuna that is dutiable under
rate column numbered 1 of such item 112.30 for that calendar
year.
(3) The duty-free treatment provided under paragraph (1) shall
not apply to-
(A) watches, clocks, and timing apparatus provided
for in subpart E of part 2 of schedule 7 of the Tariff Schedules
of the United States;
(B) buttons (whether
finished or not finished) provided for in item 745.32 of such
Schedules;
(C) textile and apparel articles
which are subject to textile agreements; and
(D)
footwear, handbags, luggage, flat goods, work gloves, and leather
wearing apparel which were not eligible articles for purposes
of chapter V of the Trade Act of 1974 (19 U.S.C. 2461, et seq.)
on April 1, 1984.
(4) If the cost or value of materials produced in the customs
territory of the United States is included with respect to an
eligible article which is a product of the Federated States of
Micronesia or the Marshall Islands, an amount not to exceed 15
percent of the appraised value of the article at the time it is
entered that is attributable to such United States cost or value
may be applied for duty assessment purposes toward determining
the percentage referred to in section 503(b)(2) of title V of
the Trade Act of 1974.
Note: Section 242 was amended
by P.L. 99-239 of January 14, 1986. The original text of this
section is available here.
Section 243
Articles imported from the Federated
States of Micronesia or the Marshall Islands which are not exempt
from duty under paragraphs (1), (2), (3), and (4) of section 242
shall be subject to the rates of duty set forth in column numbered
1 of the Tariff Schedules of the United States and all products
of the United States imported into the Marshall Islands or the
Federated States of Micronesia shall receive treatment no less
favorable than that accorded like products of any foreign country
with respect to customs duties or charges of a similar nature
and with respect to laws and regulations relating to importation,
exportation, taxation, sale, distribution, storage or use.
Note: Section 243 was amended
by P.L. 99-239 of January 14, 1986. The original text of this
section is available here.
Article V
Finance and Taxation
Section 251
The currency of the United States is the official circulating
legal tender of the Marshall Islands and the Federated States
of Micronesia. Should the Government of the Marshall Islands or
the Federated States of Micronesia act to institute another currency,
the terms of an appropriate currency transitional period shall
be as agreed with the Government of the United States.
Section 252
The Government of the Marshall Islands or the Federated States
of Micronesia may, with respect to United States persons, tax
income derived from sources within its respective jurisdiction,
property situated therein, including transfers of such property
by gift or at death, and products consumed therein, in such manner
as such Government deems appropriate. The determination of the
source of any income, or the situs of any property, shall for
purposes of this Compact be made according to the United States
Internal Revenue Code.
Section 253
A citizen of the Marshall Islands or the Federated States of
Micronesia, domiciled therein, shall be exempt from:
Note: Previous section
253(a) is not applicable under P.L. 99-239, section 402 (a). Previous
text of this section is available here.
(b) estate, gift, and generation-skipping transfer taxes imposed
by the Government of the United States.
Note: Section 253(b) applies
only to "individuals who are nonresidents and not citizens
of the United States", under terms of P.L. 99-239, section
402 (b).
Section 254
(a) In determining any income tax imposed by the Government
of the Marshall Islands or the Federated States of Micronesia,
those Governments shall have authority to impose tax upon income
derived by a resident of the Marshall Islands or the Federated
States of Micronesia from sources without the Marshall Islands
and the Federated States of Micronesia, in the same manner and
to the same extent as those Governments impose tax upon income
derived from within their respective jurisdictions. If the Government
of the Marshall Islands or the Federated States of Micronesia
exercises such authority as provided in this subsection, any individual
resident of the Marshall Islands or the Federated States of Micronesia
who is subject to tax by the Government of the United States on
income which is also taxed by the Government of the Marshall Islands
or the Federated States of Micronesia shall be relieved of liability
to the Government of the United States for the tax which, but
for this subsection, would otherwise be imposed by the Government
of the United States on such income. For purposes of this Section,
the term "resident of the Marshall Islands or the Federated
States of Micronesia" shall be deemed to include any person
who was physically present in the Marshall Islands or the Federated
States of Micronesia for a period of 183 or more days during any
taxable year; provided, that as between the Governments of the
Marshall Islands and the Federated States of Micronesia, the authority
to tax an individual resident of the Marshall Islands or the Federated
States of Micronesia in respect of income from sources without
the Marshall Islands and the Federated States of Micronesia as
provided in this subsection may be exercised only by the Government
in whose jurisdiction such individual was physically present for
the greatest number of days during the taxable year.
Note: The second sentence
of 254(a) is interpreted by P.L. 99-239, section 403, as follows:
The relief from liability referred to in the second sentence
of section 254(a) of the Compact means only -
(1) relief in the form of the foreign tax credit (or deduction
in lieu thereof) available with respect to the income taxes of
a possession of the United States, and
(2) relief in the form of the exclusion under section 911
of the Internal Revenue Code of 1954.
(b) If the Government of the Marshall Islands or the Federated
States of Micronesia subjects income to taxation substantially
similar to that imposed by the Trust Territory Code in effect
on January 1, 1980, such Government shall be deemed to have exercised
the authority described in Section 254(a).
Section 255
(a) EXTENSION OF SECTION 936 TO THE MARSHALL
ISLANDS AND THE FEDERATED STATES OF MICRONESIA. - For purposes
of section 936 of the Internal Revenue Code of 1954, the Marshall
Islands and the Federated States of Micronesia shall be treated
as if they were possessions of the United States.
(b) EXCHANGE OF INFORMATION. - Subsection (a) shall not apply
to the Marshall Islands and the Federated States of Micronesia
(as the case may be) for any period after December 31, 1986, during
which there is not in effect between the appropriate government
and the United States an exchange of information agreement of
the kind described in section 274(h)(6)(C) (other than clause
(ii) thereof) of the Internal Revenue Code of 1954.
(c) PROCEDURE IF SECTION 936 INCENTIVES REDUCED. - If the tax
incentives extended to the Marshall Islands and the Federated
States of Micronesia under subsection (a) are, at any time during
which the Compact is in effect, reduced, the Secretary of the
Treasury shall negotiate an agreement with the Marshall Islands
and the Federated States of Micronesia under which, when such
agreement is approved by law, they will be provided with benefits
substantially equivalent to such reduction in benefits. If, within
the 1 year period after the date of the enactment of the Act making
the reduction in benefits, an agreement negotiated under the preceding
sentence is not approved by law, the matter shall be submitted
to the Arbitration Board established pursuant to section 424 of
the Compact. For purposes of Article V of Title Two of the Compact,
the Secretary of the Treasury or his delegate shall be the member
of such Board representing the Government of the United States.
Any decision of such board in the matter when approved by law
shall be binding on the United States, except that such decision
rendered is binding only as to whether the United States has provided
the substantially equivalent benefits referred to in this subsection.
Note: Section 255 was amended
by P.L. 99-239, section 404. Previous text of this section is
available here.
TITLE THREE
SECURITY AND DEFENSE
RELATIONS
Article I
Authority and Responsibility
Section 311
(a) The Government of the United States has full authority
and responsibility for security and defense matters in or relating
to the Marshall Islands and the Federated States of Micronesia.
(b) This authority and responsibility includes:
(1) the obligation to defend the Marshall Islands and the
Federated States of Micronesia and their peoples from attack
or threats thereof as the United States and its citizens are
defended;
(2) the option to foreclose access to or use of the Marshall
Islands and the Federated States of Micronesia by military personnel
or for the military purposes of any third country; and
(3) the option to establish and use military areas and facilities
in the Marshall Islands and the Federated States of Micronesia,
subject to the terms of the separate agreements referred to in
Sections 321 and 323.
(c) The Government of the United States confirms that it shall
act in accordance with the principles of international law and
the Charter of the United Nations in the exercise of this authority
and responsibility.
Section 312
Subject to the terms of any agreements negotiated in accordance
with Sections 321 and 323, the Government of the United States
may conduct within the lands, waters and airspace of the Marshall
Islands and the Federated States of Micronesia the activities
and operations necessary for the exercise of its authority and
responsibility under this Title.
Section 313
(a) The Governments of the Marshall Islands and the Federated
States of Micronesia shall refrain from actions which the Government
of the United States determines, after appropriate consultation
with those Governments, to be incompatible with its authority
and responsibility for security and defense matters in or relating
to the Marshall Islands and the Federated States of Micronesia.
(b) The consultations referred to in this Section shall be
conducted expeditiously at senior levels of the Governments concerned,
and the subsequent determination by the Government of the United
States referred to in this Section shall be made only at senior
interagency levels of the Government of the United States.
(c) The Government of the Marshall Islands or the Federated
States of Micronesia shall be afforded, on an expeditious basis,
an opportunity to raise its concerns with the United States Secretary
of State personally and the United States Secretary of Defense
personally regarding any determination made in accordance with
this Section.
Section 314
(a) Unless otherwise agreed, the Government of the United States
shall not, in the Marshall Islands or the Federated States of
Micronesia:
(1) test by detonation or dispose of any nuclear weapon, nor
test, dispose of, or discharge any toxic chemical or biological
weapon; or
(2) test, dispose of, or discharge any other radioactive,
toxic chemical or biological materials in an amount or manner
which would be hazardous to public health or safety.
(b) Unless otherwise agreed, other than for transit or overflight
purposes or during time of a national emergency declared by the
President of the United States, a state of war declared by the
Congress of the United States or as necessary to defend against
an actual or impending armed attack on the United States, the
Marshall Islands or the Federated States of Micronesia, the Government
of the United States shall not store in the Marshall Islands or
the Federated States of Micronesia any toxic chemical weapon,
nor any radioactive materials nor any toxic chemical materials
intended for weapons use.
(c) Radioactive, toxic chemical, or biological materials not
intended for weapons use shall not be affected by Section 314(b).
(d) No material or substance referred to in this Section shall
be stored in the Marshall Islands or the Federated States of Micronesia
except in an amount and manner which would not be hazardous to
public health or safety. In determining what shall be an amount
or manner which would be hazardous to public health or safety
under this Section, the Government of the United States shall
comply with any applicable mutual agreement, international guidelines
accepted by the Government of the United States, and the laws
of the United States and their implementing regulations.
(e) Any exercise of the exemption authority set forth in Section
161(e) shall have no effect on the obligations of the Government
of the United States under this Section or on the application
of this subsection.
(f) The provisions of this Section shall apply in the areas
in which the Government of the Marshall Islands or the Federated
States of Micronesia exercises jurisdiction over the living resources
of the seabed, subsoil or water column adjacent to its coasts.
Section 315
The Government of the United States may invite members of the
armed forces of other countries to use military areas and facilities
in the Marshall Islands or the Federated States of Micronesia,
in conjunction with and under the control of United States Armed
Forces. Use by units of the armed forces of other countries of
such military areas and facilities, other than for transit and
overflight purposes, shall be subject to consultation with and,
in the case of major units, approval by the Government of the
Marshall Islands or the Federated States of Micronesia.
Section 316
The authority and responsibility of the Government of the United
States under this Title may not be transferred or otherwise assigned.
Article II
Defense Facilities and
Operating Rights
Section 321
(a) Specific arrangements for the establishment and use by
the Government of the United States of military areas and facilities
in the Marshall Islands or the Federated States of Micronesia
are set forth in separate agreements which shall come into effect
simultaneously with this Compact.
(b) If, in the exercise of its authority and responsibility
under this Title, the Government of the United States requires
the use of areas within the Marshall Islands or the Federated
States of Micronesia in addition to those for which specific arrangements
are concluded pursuant to Section 321(a), it may request the Government
concerned to satisfy those requirements through leases or other
arrangements. The Government of the Marshall Islands or the Federated
States of Micronesia shall sympathetically consider any such request
and shall establish suitable procedures to discuss it with and
provide a prompt response to the Government of the United States.
(c) The Government of the United States recognizes and respects
the scarcity and special importance of land in the Marshall Islands
and the Federated States of Micronesia. In making any requests
pursuant to Section 321(b), the Government of the United States
shall follow the policy of requesting the minimum area necessary
to accomplish the required security and defense purpose, of requesting
only the minimum interest in real property necessary to support
such purpose, and of requesting first to satisfy its requirement
through public real property, where available, rather than through
private real property.
Section 322
The Government of the United States shall provide and maintain
fixed and floating aids to navigation in the Marshall Islands
and the Federated States of Micronesia at least to the extent
necessary for the exercise of its authority and responsibility
under this Title.
Section 323
The military operating rights of the Government of the United
States and the legal status and contractual arrangements of the
United States Armed Forces, their members, and associated civilians,
while present in the Marshall Islands or the Federated States
of Micronesia, are set forth in separate agreements which shall
come into effect simultaneously with this Compact.
Article III
Defense Treaties and
International Security Agreements
Section 331
Subject to the terms of this Compact and its related agreements,
the Government of the United States, exclusively, shall assume
and enjoy, as to the Marshall Islands and the Federated States
of Micronesia, all obligations, responsibilities, rights and benefits
of:
(a) Any defense treaty or other international security agreement
applied by the Government of the United States as Administering
Authority of the Trust Territory of the Pacific Islands as of
the day preceding the effective date of this Compact; and
(b) Any defense treaty or other international security agreement
to which the Government of the United States is or may become
a party which it determines to be applicable in the Marshall Islands
and the Federated States of Micronesia. Such a determination by
the Government of the United States shall be preceded by appropriate
consultation with the Government of the Marshall Islands or the
Federated States of Micronesia.
Article IV
Service in Armed Forces
of the United States
Section 341
Any person entitled to the privileges set forth in Section
141 shall be eligible to volunteer for service in the Armed Forces
of the United States, but shall not be subject to involuntary
induction into military service of the United States so long as
such person does not establish habitual residence in the United
States, its territories or possessions.
Section 342
The Government of the United States shall have enrolled, at
any one time, at least three qualified students, one each from
the Marshall Islands and the Federated States of Micronesia, as
may be nominated by their respective Governments, in each of:
(a) The United States Coast Guard Academy pursuant to 14 U.S.C.
195.
(b) The United States Merchant Marine Academy pursuant to 46
U.S.C. 1295b(b)(6), provided that the provisions of 46 U.S.C.
1295b(b)(6)(C) shall not apply to the enrollment of students pursuant
to Section 342(b) of this Compact.
Article V
General Provisions
Section 351
(a) The Government of the United States and the Government
of the Marshall Islands or the Federated States of Micronesia
shall establish three Joint Committees empowered to consider disputes
under the implementation of this Title and its related agreements.
(b) The membership of each Joint Committee shall comprise selected
senior officials of each of the two participating Governments.
The senior United States military commander in the Pacific area
shall be the senior United States member of each Joint Committee.
For the meetings of each Joint Committee, each of the two participating
Governments may designate additional or alternate representatives
as appropriate for the subject matter under consideration.
(c) Unless otherwise mutually agreed, each Joint Committee
shall meet semi-annually at a time and place to be designated,
after appropriate consultation, by the Government of the United
States. A Joint Committee also shall meet promptly upon request
of either of its members. Upon notification by the Government
of the United States, the Joint Committees so notified shall meet
promptly in a combined session to consider matters within the
jurisdiction of more than one Joint Committee. Each Joint Committee
shall follow such procedures, including the establishment of functional
subcommittees, as the members may from time to time agree.
(d) Unresolved issues in each Joint Committee shall be referred
to the Governments concerned for resolutions and the Government
of the Marshall Islands or the Federated States of Micronesia
shall be afforded, on an expeditious basis, an opportunity to
raise its concerns with the United States Secretary of Defense
personally regarding any unresolved issue which threatens its
continued association with the Government of the United States.
Section 352
In the exercise of its authority and responsibility under Title
Three, the Government of the United States shall accord due respect
to the authority and responsibility of the Governments of the
Marshall Islands and the Federated States of Micronesia under
Titles One, Two and Four and to their responsibility to assure
the well-being of their peoples.
Section 353
(a) The Government of the United States shall not include any
of the Governments of the Marshall Islands and the Federated States
of Micronesia as named parties to a formal declaration of war,
without their respective consent.
(b) Absent such consent, this Compact is without prejudice,
on the ground of belligerence or the existence of a state of war,
to any claims for damages which are advanced by the citizens,
nationals or Government of the Marshall Islands or the Federated
States of Micronesia, which arise out of armed conflict subsequent
to the effective date of this Compact and which are:
(1) petitions to the Government of the United States for redress;
or
(2) claims in any manner against the government, citizens,
nationals or entities of any third country.
(c) Petitions under Section 353(b)(1) shall be treated as if
they were made by citizens of the United States.
Section 354
(a) Notwithstanding any other provision of this Compact, the
provisions of this Title are binding from the effective date of
this Compact for a period of fifteen years between the Government
of the United States and the Governments of the Marshall Islands
and the Federated States of Micronesia and thereafter as mutually
agreed or in accordance with Section 231, unless earlier terminated
by mutual agreement pursuant to Section 441, or amended pursuant
to Article III of Title Four.
(b) The Government of the United States recognizes, in view
of the special relationship between the Government of the United
States and the Governments of the Marshall Islands and the Federated
States of Micronesia, and in view of the existence of separate
agreements with each of them pursuant to Sections 321 and 323,
that, even if this Title should terminate, any attack on the Marshall
Islands or the Federated States of Micronesia during the period
in which such separate agreements are in effect, would constitute
a threat to the peace and security of the entire region and a
danger to the United States. In the event of such an attack, the
Government of the United States would take action to meet the
danger to the United States and to the Marshall Islands and the
Federated States of Micronesia in accordance with its constitutional
processes.
TITLE FOUR
GENERAL PROVISIONS
Article I
Approval and Effective
Date
Section 411
This Compact shall come into effect upon mutual agreement between
the Government of the United States, acting in fulfillment of
its responsibilities as Administering Authority of the Trust Territory
of the Pacific Islands, and the Government of the Marshall islands
or the Federated States of Micronesia and subsequent to completion
of the following:
(a) Approval by the Government of the Marshall Islands or the
Federated States of Micronesia in accordance with its constitutional
processes;
(b) Conduct of the plebiscite referred to in Section 412; and
(c) Approval by the Government of the United States in accordance
with its constitutional processes.
Section
412
A plebiscite shall be conducted in each of the Marshall Islands
and the Federated States of Micronesia for the free and voluntary
choice by the peoples of the Trust Territory of the Pacific Islands
of their future political status through informed and democratic
processes. the Marshall Islands and the Federated States of Micronesia
shall each be considered a voting jurisdiction, and the plebiscite
shall be conducted under fair and equitable standards in each
voting jurisdiction. The Administering Authority of the Trust
Territory of the Pacific Islands, after consultation with the
Governments of the Marshall Islands and the Federated States of
Micronesia, shall fix the date on which the plebiscite shall be
called in each voting jurisdiction. The plebiscite shall be called
jointly by the Administering Authority of the Trust Territory
of the Pacific Islands and the other Signatory Government concerned.
The results of the plebiscite in each voting jurisdiction shall
be determined by a majority of the valid ballots cast in that
voting jurisdiction.
Article II
Conference and Dispute
Resolution
Section 421
The Government of the United States shall confer promptly at
the request of the Government of the Marshall Islands or the Federated
States of Micronesia and any of those Governments shall confer
promptly at the request of the Government of the United States
on matters relating to the provisions of this Compact or of its
related agreements.
Section 422
In the event the Government of the United States, or the Government
of the Marshall Islands or the Federated States of Micronesia,
after conferring pursuant to Section 421, determines that there
is a dispute and gives written notice thereof, the Governments
which are parties to the dispute shall make a good faith effort
to resolve the dispute among themselves.
Section 423
If a dispute between the Government of the United States and
the Government of the Marshall Islands or the Federated States
of Micronesia cannot be resolved within 90 days of written notification
in the manner provided in Section 422, either party to the dispute
may refer it to arbitration in accordance with Section 424.
Section 424
Should a dispute be referred to arbitration as provided for
in Section 423, an Arbitration Board shall be established for
the purpose of hearing the dispute and rendering a decision which
shall be binding upon the two parties to the dispute unless the
two parties mutually agree that the decision shall be advisory.
Arbitration shall occur according to the following terms:
(a) An Arbitration Board shall consist of a Chairman and two
other members, each of whom shall be a citizen of a party to the
dispute. Each of the two Governments which is a party to the dispute
shall appoint one member to the Arbitration Board. If either party
to the dispute does not fulfill the appointment requirements of
this Section within 30 days of referral of the dispute to arbitration
pursuant to Section 423, its member on the Arbitration Board shall
be selected from its own standing list by the other party to the
dispute. Each Government shall maintain a standing list of 10
candidates. The parties to the dispute shall jointly appoint a
Chairman within 15 days after selection of the other members of
the Arbitration Board. Failing agreement on a Chairman, the Chairman
shall be chosen by lot from the standing lists of the parties
to the dispute within 5 days after such failure.
(b) The Arbitration Board shall have jurisdiction to hear and
render its final determination on all disputes arising exclusively
under Articles I, II, III, IV and V of Title One, Title Two, Title
Four and their related agreements.
(c) Each member of the Arbitration Board shall have one vote.
Each decision of the Arbitration Board shall be reached by` majority
vote.
(d) In determining any legal issue, the Arbitration Board may
have reference to international law and, in such reference, shall
apply as guidelines the provisions set forth in Article 38 of
the Statute of the International Court of Justice.
(e) The Arbitration Board shall adopt such rules for its proceedings
as it may deem appropriate and necessary, but such rules shall
not contravene the provisions of this Compact. Unless the parties
provide otherwise by mutual agreement, the Arbitration Board shall
endeavor to render its decision within 30 days after the conclusion
of arguments. The Arbitration Board shall make findings of fact
and conclusions of law and its members may issue dissenting or
individual opinions. Except as may be otherwise decided by the
Arbitration Board, one-half of all costs of the arbitration shall
be borne by the Government of the United States and the remainder
shall be borne by the other party to the dispute.
Article III
Amendment
Section 431
The provisions of this Compact may be amended as to all of
the Governments of the Marshall Islands and the Federated States
of Micronesia and as to the Government of the United States at
any time by mutual agreement.
Section 432
The provisions of this Compact may be amended as to any one
of the Governments of the Marshall Islands or the Federated States
of Micronesia and as to the Government of the United States at
any time by mutual agreement. The effect of any amendment made
pursuant to this Section shall be restricted to the relationship
between the Governments agreeing to such amendment, but the other
Governments signatory to this Compact shall be notified promptly
by the Government of the United States of any such amendment.
Article IV
Termination
Section 441
This Compact may be terminated as to any one of the Governments
of the Marshall Islands or the Federated States of Micronesia
and as to the Government of the United States by mutual agreement
and subject to Section 451.
Section 442
This Compact may be terminated by the Government of the United
States as to the Government of the Marshall Islands or the Federated
States of Micronesia subject to Section 452, such termination
to be effective on the date specified in the notice of termination
by the Government of the United States but not earlier than six
months following delivery of such notice. The time specified in
the notice of termination may be extended.
Section 443
This Compact shall be terminated, pursuant to their respective
constitutional processes, by the Government of the Marshall Islands
or the Federated States of Micronesia subject to Section 453 if
the people represented by such Government vote in a plebiscite
to terminate. Such Government shall notify the Government of the
United States of its intention to call such a plebiscite which
shall take place not earlier than three months after delivery
of such notice. The plebiscite shall be administered by such Government
in accordance with its constitutional and legislative processes,
but the Government of the United States may send its own observers
and invite observers from a mutually agreed party. If a majority
of the valid ballots cast in the plebiscite favors termination,
such Government shall, upon certification of the results of the
plebiscite, give notice of termination to the Government of the
United States, such termination to be effective on the date specified
in such notice but not earlier than three months following the
date of delivery of such notice. The time specified in the notice
of termination may be extended.
Article V
Survivability
Section 451
Should termination occur pursuant to Section 441, economic
assistance by the Government of the United States shall continue
on mutually agreed terms.
Section 452
(a) Should termination occur pursuant to Section 442, the following
provisions of this Compact shall remain in full force and effect
until the fifteenth anniversary of the effective date of this
Compact between the Government of the United States and the Government
of the Marshall Islands or the Federated States of Micronesia
and thereafter as mutually agreed:
(1) Article VI and Sections 172, 173, 176 and 177 of Title
One;
(2) Article I and Section 233 of Title Two;
(3) Title Three; and
(4) Articles II, III, V and VI of Title Four.
(b) The Government of the United States shall also provide
the Government as to which termination occurs pursuant to Section
442 with either the programs or services provided pursuant to
Article II of Title Two at the time of termination, or their equivalent,
as determined by the Government of the United States. Such assistance
shall continue until the fifteenth anniversary of the effective
date of this Compact, and thereafter as mutually agreed.
Section 453
(a) Should termination occur pursuant to Section 443, the following
provisions of this Compact shall remain in full force and effect
until the fifteenth anniversary of the effective date of this
Compact between the Government of the United States and the Government
of the Marshall Islands or the Federated States of Micronesia
and thereafter as mutually agreed:
(1) Article VI and Sections 172, 173, 176 and 177 of Title
One;
(2) Title Three; and
(3) Article II, III, V and VI of Title Four.
(b) Upon receipt of notice of termination pursuant to Section
443, the Government of the United States and the Government so
terminating shall promptly consult with regard to their future
relationship. These consultations shall determine the level of
economic assistance which the Government of the United States
shall provide to the Government so terminating for the period
ending on the fifteenth anniversary of the effective date of this
Compact provided that the annual amounts specified in Sections
211, 212, 214, 215 and 216 shall continue without diminution.
Such amounts, with the exception of those specified in Section
216, shall be adjusted according to the formula set forth in Section
217.
Section 454
Notwithstanding any other provision of this Compact:
(a) The Government of the United States reaffirms its continuing
interest in promoting the long-term economic advancement and self-sufficiency
of the peoples of the Marshall Islands and the Federated States
of Micronesia; and
(b) The separate agreements referred to in Article II of Title
Three shall remain in effect in accordance with their terms which
shall also determine the duration of Section 213.
Article VI
Definition of Terms
Section 461
For the purpose of this Compact only and without prejudice
to the views of the Government of the United States or the Government
of the Marshall Islands or the Federated States of Micronesia
as to the nature and extent of the jurisdiction under international
law of any of them, the following terms shall have the following
meanings:
(a) "Trust Territory of the Pacific Islands" means
the area established in the Trusteeship Agreement consisting of
the administrative districts of Kosrae, Yap, Ponape, the Marshall
Islands and Truk as described in Title One, Trust Territory Code,
Section 1, in force on January 1, 1979. This term does not include
the area of Palau or the Northern Mariana Islands.
(b) "Trusteeship Agreement" means the agreement setting
forth the terms of trusteeship for the Trust Territory of the
Pacific Islands, approved by the Security Council of the United
Nations April 2, 1947, and by the United States July 18, 1947,
entered into force July 18, 1947, 61 Stat. 3301, T.I.A.S. 1665,
8 U.N.T.S. 189.
(c) "The Marshall Islands" and "the Federated
States of Micronesia" are used in a geographic sense and
include the land and water areas to the outer limits of the territorial
sea and the air space above such areas as now or hereafter recognized
by the Government of the United States.
(d) "Government of the Marshall Islands" means the
Government established and organized by the Constitution of the
Marshall Islands including all the political subdivisions and
entities comprising that Government.
"Government of the Federated States of Micronesia"
means the Government established and organized by the Constitution
of the Federated States of Micronesia including all the political
subdivisions and entities comprising that Government.
(e) The following terms shall be defined consistent with the
1976 Edition of the Radio Regulations of the International Telecommunications
Union (ISBN 92-61-0081-5) as follows:
(1) "Radio Communications" means telecommunication
by means of radio waves.
(2) "Station" means one or more transmitters or
receivers or a combination of transmitters and receivers, including
the accessory equipment, necessary at one location for carrying
on a radio communication service; each station shall be classified
by the service in which it operates permanently or temporarily.
(3) "Broadcasting Service" means a radio communication
service in which the transmissions are intended for direct reception
by the general public, and which may include sound transmissions,
television transmissions or other types of transmissions.
(4) "Broadcasting Station" means a station in the
broadcasting service.
(f) "Frequency Assignment" means the same as 'Frequency
Assignment' means in the 1976 Edition of the Radio Regulations
of the International Telecommunications Union (ISBN 92-61-0081-5).
(g) "Habitual Residence" means a place of general
abode or a principal, actual dwelling place of a continuing or
lasting nature; provided however, that this term shall not apply
to the residence of any person who entered the United States for
the purpose of full-time studies as long as such person maintains
that status, or who has been physically present in the United
States, the Marshall Islands or the Federated States of Micronesia
for less than one year, or who is a dependent of a resident representative,
as described in Section 152.
(h) For the purposes of Article IV of Title One of this Compact:
(1) "Actual Residence" means physical presence in
the Marshall Islands or the Federated States of Micronesia during
eighty-five percent of the period of residency required by Section
141(a)(3); and
(2) "Certificate of Actual Residence" means a certificate
issued to a naturalized citizen by the Government which has naturalized
him stating that the citizen has complied with the actual residence
requirement of Section 141(a)(3).
(i) "Military Areas and Facilities" means those areas
and facilities in the Marshall Islands or the Federated States
of Micronesia reserved or acquired by the Government of the Marshall
Islands or the Federated States of Micronesia for use by the Government
of the United States, as set forth in the separate agreements
referred to in Section 321.
(j) "Capital Account" means, for each year of the
Compact, those portions of the total grant assistance provided
in Article I of Title Two, adjusted by Section 217, which are
to be obligated for:
(1) the construction or major repair of capital infrastructure;
or
(2) public and private sector projects identified in the official
overall economic development plan.
(k) "Current Account" means, for each year of the
Compact, those portions of the total grant assistance provided
in Article I of Title Two, adjusted by Section 217, which are
to be obligated for recurring operational activities including
infrastructure maintenance as identified in the annual budget
justifications submitted yearly to the Government of the United
States.
(l) "Official Overall Economic Development Plan"
means the documented program of annual development which identifies
the specific policy and project activities necessary to achieve
a specified set of economic goals and objectives during the period
of free association, consistent with the economic assistance authority
in Title Two. Such a document should include an analysis of population
trends, manpower requirements, social needs, gross national product
estimates, resource utilization, infrastructure needs and expenditures,
and the specific private sector projects required to develop the
local economy of the Marshall Islands or the Federated States
of Micronesia. Project identification should include initial cost
estimates, with project purposes related to specific development
goals and objectives.
(m) "Tariff Schedules of the United States" means
the Tariff Schedules of the United States as amended from time
to time and as promulgated pursuant to United States law and includes
the Tariff Schedules of the United States Annotated (TSUSA), as
amended.
(n) "Vienna Convention on Diplomatic Relations" means
the Vienna Convention on Diplomatic Relations, done April 18,
1961, 23 U.S.T. 3227, T.I.A.S. 7502, 500 U.N.T.S. 95.
Section 462
The Government of the United States and the Government of the
Marshall Islands or the Federated States of Micronesia, as appropriate,
shall conclude related agreements which shall come into effect
and shall survive in accordance with their terms, as follows:
(a) Agreement Regarding the Provision of Telecommunication
Services by the Government of the United States to the Marshall
Islands and the Federated States of Micronesia Concluded Pursuant
to Section 131 of the Compact of Free Association;
(b) Agreement Regarding the Operation of Telecommunication
Services of the Government of the United States in the Marshall
Islands and the Federated States of Micronesia Concluded Pursuant
to Section 132 of the Compact of Free Association;
(c) Agreement on Extradition, Mutual Assistance in Law Enforcement
Matters and Penal Sanctions Concluded Pursuant to Section 175
of the Compact of Free Association;
(d) Agreement Between the Government of the United States and
the Government of the Marshall Islands for the Implementation
of Section 177 of the Compact of Free Association;
(e) Federal Programs and Services Agreement Concluded Pursuant
to Article II of Title Two and Section 232 of the Compact of Free
Association;
(f) Agreement Concluded Pursuant to Section 234 of the Compact
of Free Association;
(g) Agreement Regarding the Military Use and Operating Rights
of the Government of the United States in the Marshall Islands
Concluded Pursuant to Sections 321 and 323 of the Compact of Free
Association;
(h) Agreement Regarding the Military Use and Operating Rights
of the Government of the United States in the Federated States
of Micronesia Concluded Pursuant to Sections 227, 321 and 323
of the Compact of Free Association;
(i) Status of Forces Agreement Concluded Pursuant to Section
323 of the Compact of Free Association;
(j) Agreement Between the Government of the United States and
the Government of the Federated States of Micronesia Regarding
Friendship, Cooperation and Mutual Security Concluded Pursuant
to Section 321 and 323 of the Compact of Free Association; and
(k) Agreement Between the Government of the United States and
the Government of the Marshall Islands Regarding Mutual Security
Concluded Pursuant to Section 321 and 323 of the Compact of Free
Association.
Section 463
(a) Except as set forth in Section 463(b), any reference in
this Compact to a provision of the United States Code or the Statutes
at Large of the United States constitutes the incorporation of
the language of such provision into this Compact, as such provision
was in force on January 1, 1980.
(b) Any reference in Article VI of Title One and Sections 131,
174, 175, 178 and 342 to a provision of the United States Code
or the Statutes at Large of the United States or to the Privacy
Act, the Freedom of Information Act or the Administrative Procedure
Act constitutes the incorporation of the language of such provision
into this Compact as such provision is in force on the effective
date of this Compact or as it may be amended thereafter on a non-discriminatory
basis according to the constitutional processes of the United
States.
Article VII
Concluding Provisions
Section 471
(a) The Government of the United States and the Governments
of the Marshall Islands and the Federated States of Micronesia
agree that they have full authority under their respective Constitutions
to enter into this Compact and its related agreements and to fulfill
all of their respective responsibilities in accordance with the
terms of this Compact and its related agreements. The Governments
pledge that they are so committed.
(b) Each of the Governments of the United States, the Marshall
Islands and the Federated States of Micronesia shall take all
necessary steps, of a general or particular character, to ensure,
not later than the effective date of this Compact, the conformity
of its laws, regulations and administrative procedures with the
provisions of this Compact.
(c) Without prejudice to the effects of this Compact under
international law, this Compact has the force and effect of a
statute under the laws of the United States.
Section 472
This Compact may be accepted, by signature or otherwise, by
the Government of the United States, the Government of the Government
of the Marshall Islands, and the Government of the Federated States
of Micronesia. Each Government accepting this Compact shall possess
an original English language version.
IN WITNESS WHEREOF, the undersigned, duly authorized, have
signed this Compact of Free Association which shall come into
effect in accordance with its terms between the Government of
the United States and each of the other Governments signatory
to this Compact.
DONE AT HONOLULU, HAWAII, THIS 1ST DAY OF OCTOBER,
ONE THOUSAND, NINE HUNDRED EIGHTY-TWO
FOR THE GOVERNMENT
OF
THE UNITED STATES OF AMERICA
AMBASSADOR FRED M. ZEDER, II
PRESIDENT'S PERSONAL REPRESENTATIVE
FOR MICRONESIAN STATUS NEGOTIATIONS
DONE AT HONOLULU, HAWAII, THIS 1ST DAY OF OCTOBER,
ONE THOUSAND, NINE HUNDRED EIGHTY-TWO
FOR THE GOVERNMENT
OF
THE FEDERATED STATES OF MICRONESIA
HONORABLE ANDON L. AMARAICH
CHAIRMAN, COMMISSION ON FUTURE
POLITICAL STATUS AND TRANSITION
DONE AT MAJURO, MARSHALL ISLANDS, THIS 25TH DAY OF
JUNE, ONE THOUSAND, NINE HUNDRED EIGHTY-THREE
FOR THE GOVERNMENT
OF
THE UNITED STATES OF AMERICA
AMBASSADOR FRED M. ZEDER, II
PRESIDENT'S PERSONAL REPRESENTATIVE
FOR MICRONESIAN STATUS NEGOTIATIONS
DONE AT MAJURO, MARSHALL ISLANDS, THIS 25TH DAY OF
JUNE, ONE THOUSAND, NINE HUNDRED EIGHTY-THREE
FOR THE GOVERNMENT
OF
THE MARSHALL ISLANDS
PRESIDENT AMATA KABUA
PRESIDENT OF THE REPUBLIC
OF THE MARSHALL ISLANDS
|