48 U.S.C. § 1931 — Approval of Compact of Free Association

Page 310 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921h (Pub. L. 108–188, title I, § 108, Dec. 17, 2003, 117 Stat. 2755; Pub. L. 113–128, title V, § 512(g)(2), July 22, 2014, 128 Stat. 1708.) Editorial Notes REFERENCES IN TEXT The Workforce Innovation and Opportunity Act, re- ferred to in subsec. (a), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Subtitle C of title I of the Act is classi- fied generally to part C (§ 3191 et seq.) of subchapter I of chapter 32 of Title 29, Labor. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The joint resolution of January 14, 1986 (Public Law 99–239), referred to in subsec. (b)(1), is Pub. L. 99–239, Jan. 14, 1986, 99 Stat. 1770, known as the Compact of Free Association Act of 1985, which is classified prin- cipally to part A of this subchapter and chapter 19 (§ 2001 et seq.) of this title. Title IV of the joint resolu- tion is set out as a note under section 1901 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. AMENDMENTS 2014—Subsec. (a). Pub. L. 113–128, § 512(g)(2), sub- stituted ‘‘subtitle C of title I of the Workforce Innova- tion and Opportunity Act (relating to Job Corps)’’ for ‘‘subtitle C of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.; relating to Job Corps)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. § 1921h. Authorization and continuing appropria- tion (a) There are authorized and appropriated to the Department of the Interior, out of any funds in the Treasury not otherwise appropriated, to remain available until expended, such sums as are necessary to carry out the purposes of sec- tions 1921d(f)(1) and 1921d(i) of this title, sections 211, 212(b), 215, and 217 of the U.S.-FSM Compact, and sections 211, 212, 213(b), 216, and 218 of the U.S.-RMI Compact, in this and subsequent years. (b) There are authorized to be appropriated to the Departments, agencies, and instrumental- ities named in paragraphs (1) and (3) through (6) of section 221(a) of the U.S.-FSM Compact and paragraphs (1) and (3) through (5) of section 221(a) of the U.S.-RMI Compact, such sums as are necessary to carry out the purposes of sec- tions 221(a) of the U.S.-FSM Compact and the U.S.-RMI Compact, to remain available until ex- pended. (Pub. L. 108–188, title I, § 109, Dec. 17, 2003, 117 Stat. 2756.) SUBCHAPTER II—PALAU PART A—APPROVAL OF COMPACT AND SUPPLEMENTAL PROVISIONS § 1931. Approval of Compact of Free Association (a) Approval The Compact of Free Association set forth in title II of this joint resolution between the United States and the Government of Palau is hereby approved, and Congress hereby consents to the agreements as set forth on pages 154 through 405 of House Document 99–193 of April 9, 1986 (hereafter in this joint resolution referred to as subsidiary or related agreements), as they relate to such Government. Subject to the provi- sions of this joint resolution, the President is authorized to agree, in accordance with section 411 of the Compact, to an effective date for and thereafter to implement such Compact, having taken into account any procedures with respect to the United Nations for termination of the Trusteeship Agreement. (b) Reference to Compact Any reference in this joint resolution to the ‘‘Compact’’ shall be treated as a reference to the Compact of Free Association set forth in title II of this joint resolution. (c) Amendment, change, or termination of Com- pact and certain agreements (1) Mutual agreement by the Government of the United States as provided in the Compact which results in amendment, change, or termi- nation of all or any part thereof shall be af- fected only by Act of Congress and no unilateral action by the Government of the United States provided for in the Compact, and having such re- sult, may be effected other than by Act of Con- gress. (2) The provisions of paragraph (1) shall apply— (A) to all actions of the Government of the United States under the Compact including, but not limited to, actions taken pursuant to sections 431, 432, 441, or 442; (B) to any amendment, change, or termi- nation in any agreement that may be con- cluded at any time between the Government of the United States and the Government of Palau regarding friendship, cooperation and mutual security concluded pursuant to sec- tions 321 and 323 of the Compact referred to in section 462(h); (C) to any amendment, change, or termi- nation of the agreements concluded pursuant to Compact sections 175 and 221(a)(4), the terms of which are incorporated by reference into the Compact; and (D) to the following subsidiary agreements, or portions thereof: (i) Article II of the agreement referred to in section 462(a) of the Compact; (ii) Article II of the agreement referred to in section 462(b) of the Compact; (iii) Article II and Section 7 of Article X of the agreement referred to in section 462(f) of the Compact; (iv) the agreement referred to in section 462(g) of the Compact; (v) Articles II, III, IV, V, VI, and VII of the agreement referred to in section 462(h) of the Compact; and (vi) Articles VI, XV, and XVII of the agree- ment referred to in section 462(i) of the Com- pact. (d) Effective date (1) The authority of the President to agree to an effective date for the Compact of Free Asso- Page 311 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1931 1 So in original. Probably should be ‘‘or’’. 2 So in original. Probably should be subsection ‘‘(c)’’. ciation between the United States and Palau concurrently with termination of the Trustee- ship shall be carried out in accordance with this section, and the Compact shall not take effect until after— (A) The President has certified to the Con- gress that the Compact has been approved in accordance with Section 411(a) and (b) of the Compact, and that there exists no legal im- pediment to the ability of the United States to carry out fully its responsibilities and to exer- cise its rights under Title Three of the Com- pact, as set forth in this Act, and (B) enactment of a joint resolution which has been reported by the Committee on En- ergy and Natural Resources of the Senate and the Committees on Interior and Insular Af- fairs and Foreign Affairs and other appro- priate Committees of the House of Representa- tives authorizing entry into force of the Com- pact, and (C) agreements have been concluded with Palau which satisfy the requirements of sec- tion 1902 of this title. For the purpose of this subsection the word ‘‘Palau’’ shall be sub- stituted for ‘‘Federated States of Micronesia’’ whenever it appears in section 1902 of this title. (2) Any agreement concluded with Palau pur- suant to subparagraph (C) of paragraph (1) and any agreement which would amend, change, or terminate any subsidiary agreement or related agreement, or portion thereof, as set forth in paragraph (4) of this subsection shall be sub- mitted to the Congress. No such agreement shall take effect until after the expiration of 30 days after the date such agreement is so submitted (excluding days on which either House of Con- gress is not in session). (3) No agreement described in paragraph (2) shall take effect if a joint resolution of dis- approval is enacted during the period specified in paragraph (2). For the purpose of expediting the consideration of such a joint resolution, a motion to proceed to the consideration of any such joint resolution after it has been reported by an appropriate committee shall be treated as highly privileged in the House of Representa- tives. Any such joint resolution shall be consid- ered in the Senate in accordance with the provi- sions of section 601(b) of Public Law 94–329. (4) The subsidiary agreement of 1 portions thereof referred to in paragraph (2) are as fol- lows: (A) Articles III and IV of the agreement re- ferred to in section 462(b) of the Compact. (B) Articles III, IV, V, VI, VII, VIII, IX, and X (except for section 7 thereof) of the agree- ment referred to in section 462(f) of the Com- pact. (C) Articles IV, V, X, XIV, XVI, and XVIII of the agreement referred to in section 462(i) of the Compact. (D) Articles II, V, VI, VII, and VIII of the agreement referred to in section 462(h) of the Compact. (E) The agreement referred to in section 462(j) of the Compact. (5) No agreement between the United States and the Government of Palau which would amend, change, or terminate any subsidiary or related agreement, or portion thereof, other than those set forth in subsection (d) 2 of this section or paragraph (4) of this subsection, shall take effect until the President has transmitted such an agreement to the President of the Sen- ate and the Speaker of the House of Representa- tives, together with an explanation of the agree- ment and the reasons therefor. (Pub. L. 99–658, title I, § 101, Nov. 14, 1986, 100 Stat. 3673.) Editorial Notes REFERENCES IN TEXT The Compact of Free Association and the Compact, referred to in text, is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99–658, set out below. This joint resolution and this Act, referred to in text, is Pub. L. 99–658, Nov. 14, 1986, 100 Stat. 3672, which is classified generally to this part. Title II of the joint resolution enacted section 1934 of this title and provi- sions set out below. For complete classification of this Act to the Code, see Tables. For Oct. 1, 1994, as the date the Compact of Free As- sociation with Palau takes effect, referred to in sub- secs. (a) and (d), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out below. Section 601(b) of Public Law 94–329, referred to in sub- sec. (d)(3), is section 601(b) of Pub. L. 94–329, title VI, June 30, 1976, 90 Stat. 765, which is not classified to the Code. CODIFICATION Section was formerly set out as a note under section 1681 of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Interior and Insular Affairs of House of Representatives changed to Committee on Natural Re- sources of House of Representatives by House Resolu- tion No. 5, One Hundred Third Congress, Jan. 5, 1993. REGULATIONS REGARDING HABITUAL RESIDENCE Commissioner of Immigration and Naturalization to issue regulations, not later than 6 months after Sept. 30, 1996, governing rights of ‘‘habitual residence’’ in United States under terms of the Compact of Free As- sociation between the Government of the United States and the Government of Palau, see section 643 of Pub. L. 104–208, formerly set out as a note under section 1901 of this title. RECITAL CLAUSES Pub. L. 99–658 which enacted this part contained sev- eral ‘‘Whereas’’ clauses reading as follows: ‘‘Whereas the United States is the administering au- thority of the Trust Territory of the Pacific Islands under the terms of the Trusteeship Agreement for the former Japanese Mandated Islands entered into by the United States with the Security Council of the United Nations on April 2, 1947, and approved by the United States on July 18, 1947; and ‘‘Whereas the United States, in accordance with the Trusteeship Agreement, the Charter of the United Na- tions and the objectives of the international trustee- ship system, has promoted the development of the peo- ples of the Trust Territory toward self-government or Page 312 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1931 independence as appropriate to the particular cicumstances [sic] of the Trust Territory and its peo- ples and the freely expressed wishes of the peoples con- cerned; and ‘‘Whereas the United States, in response to the de- sires of the people of Palau expressed through their freely-elected representatives and by the official pro- nouncements and enactments of their lawfully con- stituted government, and in consideration of its own obligations under the Trusteeship Agreement to pro- mote self-determination, entered into political status negotiations with representatives of the people of Palau; and ‘‘Whereas these negotiations resulted in the ‘Compact of Free Association’ [set out below] between the United States and Palau which, together with its related agreements, was signed by the United States and by Palau on January 10, 1986; and ‘‘Whereas the Compact of Free Association received a favorable vote of a majority of the people of Palau vot- ing in a United Nations-observed plebiscite conducted on February 21, 1986; and ‘‘Whereas the Supreme Court of Palau has ruled that the constitutional process of Palau for approval of the Compact of Free Association in accordance with sec- tion 411 of the Compact has not yet been completed; and ‘‘Whereas the President of Palau has requested the United States to complete the process of United States approval of the Compact of Free Association in accord- ance with section 411 of the Compact through enact- ment of an appropriate joint resolution’’. FEDERAL PROGRAMS AND SERVICES AGREEMENT WITH THE GOVERNMENT OF THE REPUBLIC OF PALAU Pub. L. 118–83, div. B, title I, § 110(a), Sept. 26, 2024, 138 Stat. 1536, provided that: ‘‘During the period beginning on October 1, 2024, and ending on the date on which a new Federal programs and services agreement with the Government of the Republic of Palau enters into force, any activities described in sections 132 and 221(a) of the Compact of Free Association between the Government of the United States of America and the Government of the Republic of Palau set forth in section 201 of Public Law 99–658 (48 U.S.C. 1931 note) shall, with the mutual consent of the Government of the Republic of Palau, continue in the manner authorized and required for fis- cal year 2024 under the amended agreements described in subsections (b) and (f) of section 462 of that Com- pact.’’ AGREEMENT SUPPLEMENTAL TO COMPACT OF FREE ASSOCIATION WITH PALAU Pub. L. 115–91, div. A, title XII, § 1259C(a), (b), Dec. 12, 2017, 131 Stat. 1687, provided that: ‘‘(a) APPROVAL OF AGREEMENT SUPPLEMENTAL TO COM- PACT.— ‘‘(1) IN GENERAL.—Subject to the availability of ap- propriations that meet the total financial obligations for such purpose, the Compact Review Agreement and appendices signed by the United States and the Re- public of Palau on September 3, 2010, in connection with section 432 of the Compact of Free Association with Palau (Public Law 99–658; 48 U.S.C. 1931 note) are approved. ‘‘(2) FUNDING SCHEDULE.—The Compact Review Agreement includes a funding schedule that is to be modified by the parties to the Compact Review Agreement, and such funding schedule (as so modi- fied) is approved. The Compact Review Agreement, appendices, and funding schedule (as so modified) are referred to hereinafter as the ‘Agreement’. ‘‘(b) STATUS OF PRIOR YEAR PAYMENTS.—Amounts provided to the Government of Palau by the Govern- ment of the United States in fiscal years 2011 through 2017 shall also be considered as funding to implement the Agreement.’’ COMPACT OF FREE ASSOCIATION Pub. L. 99–658, title II, § 201, Nov. 14, 1986, 100 Stat. 3678, provided that: ‘‘Compact of Free Association is as follows: ‘‘COMPACT OF FREE ASSOCIATION ‘‘PREAMBLE ‘‘THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF PALAU ‘‘Affirming that their Governments and the relation- ship between their Governments are founded upon re- spect for human rights and fundamental freedoms for all, and ‘‘Affirming the common interests of the United States of America and the people of Palau in creating close and mutually beneficial relationships through a free and voluntary association of their Governments; and ‘‘Affirming the interest of the Government of the United States in promoting the economic advancement and self-sufficiency of the people of Palau; and ‘‘Recognizing that their previous relationship has been based upon the International Trusteeship System of the United Nations Charter; and that pursuant to Ar- ticle 76 of the Charter, the peoples of the Trust Terri- tory have progressively developed their institutions of self-government, and that in the exercise of their sov- ereign right to self-determination they have, through their free-expressed [sic] wishes, adopted a Constitu- tion appropriate to their particular circumstances; and ‘‘Recognizing their common desire to terminate the Trusteeship and establish a new government-to-govern- ment relationship in accordance with a new political status based on the freely-expressed wishes of the peo- ple of Palau and appropriate to their particular cir- cumstances; and ‘‘Recognizing that the people of Palau have and re- tain their sovereignty and their sovereign right to self- determination and the inherent right to adopt and amend their own Constitution and form of government and that the approval of the entry of their Government into this Compact of Free Association by the people of Palau constitutes an exercise of their sovereign right to self-determination; ‘‘NOW, THEREFORE, AGREE to enter into relation- ship of free association which provides a full measure of self-government for the people of Palau; and ‘‘FURTHER AGREE that the relationships of free as- sociation derives from and is as set forth in this Com- pact; and that, during such relationships of free asso- ciation, the respective rights and responsibilities of the Government of the United States and the Government of the freely associated state of Palau in regard to this relationship of free association derives from and is as set forth in this Compact. ‘‘TITLE ONE ‘‘GOVERNMENT RELATIONS ‘‘Article I ‘‘Self-government ‘‘Section 111 ‘‘The people of Palau, acting through their duly elected government established under their constitu- tion, are self-governing. ‘‘Article II ‘‘Foreign Affairs ‘‘Section 121 ‘‘(a) The Republic of Palau has the capacity to con- duct foreign affairs in its own name and right, except as otherwise provided in this Compact and the Govern- ment of the United States recognizes that the Govern- ment of Palau, in the exercise of this capacity, may enter into, in its own name and right, treaties and other international agreements with governments and regional and international organizations. Page 313 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1931 ‘‘(b) In the conduct of its foreign affairs the Govern- ment of Palau confirms that it shall act in accordance with principles of international law and shall settle its international disputes by peaceful means. ‘‘Section 122 ‘‘The Government of the United States shall support application by the Government of Palau for member- ship or other participation in regional or international organizations as may be mutually agreed. The Govern- ment of the United States agrees to accept citizens of Palau for training and instruction at the United States Foreign Service Institute [now George P. Shultz Na- tional Foreign Affairs Training Center], established under 22 U.S.C. 4021, or similar training under terms and conditions to be mutually agreed. ‘‘Section 123 ‘‘In recognition of the authority and responsibility of the Government of the United States under Title Three, the Government of Palau shall consult with the Government of the United States. The Government of the United States, in the conduct of its foreign affairs, shall consult with the Government of Palau on matters which the Government of the United States regards as relating to or affecting the Government of Palau, and shall provide, on a regular basis, information on re- gional foreign policy matters. ‘‘Section 124 ‘‘(a) The Government of Palau has authority to con- duct its foreign affairs relating to law of the sea and marine resources matters, including the harvesting, conservation, exploration or exploitation of living and nonliving resources from the sea, seabed or subsoil to the full extent recognized under international law. ‘‘(b) The Government of Palau has jurisdiction and sovereignty over its territory, including its land and internal waters, territorial seas, the airspace superjacent thereto only to the extent recognized under international law. ‘‘Section 125 ‘‘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 agree- ment 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. ‘‘Section 126 ‘‘The Government of the United States shall accept responsibility for those actions taken by the Govern- ment of Palau in the area of foreign affairs, only as may from time to time be expressly and mutually agreed. ‘‘Section 127 ‘‘The Government of the United States may assist or act on behalf of the Government of Palau 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 Palau undertaken with the assistance or through the agency of the Gov- ernment of the United States pursuant to this Section unless expressly agreed. ‘‘Section 128 ‘‘At the request of the Government of Palau and sub- ject to the consent of the receiving state, the Govern- ment of the United States shall extend consular assist- ance on the same basis as for citizens of the United States to citizens of Palau for travel outside of Palau, the Marshall Islands, the Federated States of Micro- nesia, the United States and its territories and posses- sions. ‘‘Article III ‘‘Communications ‘‘Section 131 ‘‘(a) The Government of Palau has full authority and responsibility to regulate its domestic and foreign com- munications, and the Government of the United States shall provide communication assistance in accordance with the terms of a related 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 fre- quency assignments to radio communications sta- tions in Palau; and to submit to the International Frequency Registration Board seasonal schedules for the broadcasting stations in Palau in the bands allo- cated exclusively to the broadcasting service between 5,950 and 26,100 kHz and in any other additional fre- quency 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 Com- munications 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 ter- minal stations where such stations are owned or op- erated by United States common carriers and are lo- cated in Palau. ‘‘(b) The Government of Palau 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 Government of Palau the notification authority re- ferred 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 Government of Palau shall permit the Govern- ment of the United States to operate telecommuni- cations services in Palau to the extent necessary to ful- fill the obligations of the Government of the United States under this Compact in accordance with the terms of related agreements which shall come into ef- fect simultaneously with this Compact. ‘‘Article IV Immigration ‘‘Section 141 ‘‘(a) Any person in the following categories may enter into, lawfully engage in occupations, and establish resi- dence as a nonimmigrant in the United States and its territories and possessions without regard to para- graphs (14), (20), and (26) of section 212(a) of the Immi- gration and Nationality Act, 8 U.S.C. 1182(a)(14), (20), and (26): ‘‘(1) a person who, on the day preceding the effec- tive date of this Compact, is a citizen of Trust Terri- tory 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 Palau; ‘‘(2) a person who acquires the citizenship of Palau, at birth, on or after the effective date of the Con- stitution of Palau; or ‘‘(3) a naturalized citizen of Palau, who has been an actual resident there for not less than five years after attaining such naturalization and who holds a certifi- cate of actual residence. Such persons shall be considered to have the permis- sion of the Attorney General of the United States to accept employment in the United States. Page 314 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1931 ‘‘(b) The right of such persons to establish habitual residence in a territory or possession of the United States may, however, be subjected to nondiscrim- inatory 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 Palau, the right to establish the residence necessary for naturalization under the Immigration and Nation- ality Act, or to petition for benefits for alien relatives under that Act. Section 141(a), however, shall not pre- vent a citizen of Palau 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 into, lawfully engage in occupations, and reside in Palau, subject to the right of that Government 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 Palau only in accordance with the laws of Palau. This subsection is without prejudice to the right of the Government of Palau to regulate occupations in Palau in a nondiscriminatory manner. ‘‘(b) With respect to the subject matter of this Sec- tion, the Government of Palau shall accord to citizens and nationals of the United States treatment no less favorable than that accorded to citizens of other coun- tries; 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 Section 141 shall not apply to any person who takes an affirmative step to preserve or acquire a citizenship or nationality other than that of Palau. ‘‘(b) Every person having the privileges set forth in Sections 141 and 142 who possesses a citizenship or na- tionality other than that of Palau or the United States ceases to have these privileges two years after the ef- fective 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 Palau, commences employment with that 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 Palau, the Government of the United States may con- sult with or provide information to the notifying Gov- ernment 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 Palau on the effective date of this Compact with respect to the positions held by them at that time. ‘‘Article V ‘‘Representation ‘‘Section 151 ‘‘The Government of the United States and the Gov- ernment of Palau may establish and maintain rep- resentative offices in the capitals of the other. ‘‘Section 152 ‘‘(a) The premises of such representatives [sic] of- fices, and their archives wherever located, shall be invi- olable. The property and assets of such representative offices shall be immune from search, requisition, at- tachment and any form of seizure unless such immu- nity is expressly waived. Official communications in transit shall be inviolable and accorded the freedom and protections accorded by recognized principles of in- tentional [sic] law to official communications of a dip- lomatic mission. ‘‘(b) Persons designated by the sending Government may serve in the capacity of its resident representa- tives with the consent of the receiving Government. Such designated persons shall be immune from civil and criminal process relating to words spoken or writ- ten and all acts performed by them in their official ca- pacity and falling within their functions as such rep- resentatives, except insofar as such immunity may be expressly waived by the sending Government. While serving in a resident representative capacity, such des- ignated persons shall not be liable to arrest or deten- tion pending trial, except in the case of a grave crime and pursuant to a decision by a competent judicial au- thority, and such persons shall enjoy immunity from seizure of personal property, immigration restrictions, and laws relating to alien registration, fingerprinting, and the registration of foreign agents. ‘‘(c) The sending Governments and their respective assets, income and other property shall be exempt from all direct taxes, except those direct taxes representing payment for specific goods and services, and shall be exempt from all customs duties and restrictions on the import or export of articles required for the official functions and personal use of their representatives and representative offices. ‘‘(d) Persons designated by the sending Government to serve in the capacity of its resident representatives shall enjoy the same taxation exemptions as are set forth in Article 34 of the Vienna Convention on Diplo- matic Relations. ‘‘(e) The privileges, exemptions and immunities ac- corded under this Section are not for the personal ben- efit of the individuals concerned but are to safeguard the independent exercise of their official functions. Without prejudice to those privileges, exemptions and immunities, it is the duty of all such persons to respect the laws and regulations of the Government to which they are assigned. ‘‘Article VI ‘‘Environmental Protection ‘‘Section 161 ‘‘The Government of the United States and the Gov- ernment of Palau declare that it is their policy to pro- mote efforts to prevent or eliminate damage to the en- vironment and biosphere and to enrich understanding of the natural resources of the Palau. ‘‘Section 162 ‘‘(a) The Government of the United States and the Government of Palau agree that with respect to the ac- tivities of the Government of the United States in Palau, and with respect to substantively equivalent ac- tivities of the Government of Palau, each of the Gov- ernments shall be bound by such environmental protec- tion standards as may be mutually agreed for the pur- pose of carrying out the policy set forth in this Com- pact. ‘‘Section 163 ‘‘In order to carry out the policy set forth in this Ar- ticle, the Government of the United States and the Government of Palau agree to the following under- takings. ‘‘(a) The Government of the United States: ‘‘(1) shall apply environmental standards sub- stantively similar to those in effect on the day pre- ceding the effective date of this Compact to any ac- tivity requiring the preparation of an Environmental Impact Statement under the provisions of the Na- tional Environmental Policy Act of 1969, 83 Stat. 852, 42 U.S.C. 4321 et seq. Page 315 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1931 ‘‘(2) shall develop, prior to conducting any activity included within the category described in this Sec- tion, appropriate mechanisms, including regulations or other standards and procedures, to regulate such activity in Palau in a manner appropriate to the spe- cial governmental relationship set forth in this Com- pact. The Government of the United States shall pro- vide the Government of Palau with the opportunity to comment formally during the development of such mechanisms. ‘‘(b) The Government of Palau shall develop stand- ards and procedures to protect the environment of Palau. As a reciprocal obligation to the undertakings of the Government of the United States under this Ar- ticle, the Government of Palau, taking into account the particular environment of Palau, shall develop standards for environmental protection substantively similar to those required of the Government of the United States by Section 163(a)(1) prior to conducting activities in Palau substantively equivalent to activi- ties conducted there by the Government of the United States and, as a further reciprocal obligation, shall en- force those standards. ‘‘(c) Section 163(a), including any standard or proce- dure applicable thereunder, and Section 163(b) may be modified or superseded in whole or in part by agree- ment of the Government of the United States and the Government of Palau. ‘‘(d) Disputes arising under this Article, except for Section 163(e), shall be resolved exclusively in accord- ance with Article II of Title Four. ‘‘(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 this Article 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 inter- national law. Prior to any decision pursuant to this subsection, the views of the Government of Palau 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 Government of Palau. ‘‘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 re- spect to Palau as of the effective date of this Compact. ‘‘Section 172 ‘‘(a) Every citizen of Palau 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 nonresident alien. ‘‘(b) The Government and every citizen of Palau shall be considered a ‘person’ within the meaning of the Freedom of Information Act, 5 U.S.C. 552, and of the ju- dicial review provisions of the Administrative Proce- dure Act, 5 U.S.C. 701–706. ‘‘Section 173 ‘‘The Government of the United States and the Gov- ernment of Palau, agree to adopt and enforce such measures, consistent with this Compact and its related agreements, as may be necessary to protect the per- sonnel, property, installations, services, programs and official archives and documents maintained by the Government of the United States in Palau pursuant to this Compact and its related agreements and by that Government 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 Government of Palau 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 Palau. ‘‘(b) The Government of the United States accepts re- sponsibility for and shall pay: ‘‘(1) any unpaid money judgment rendered by the High Court of the Trust Territory of the Pacific Is- lands 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 aris- ing as a result of acts or omissions of the Govern- ment of the Trust Territory of the Pacific Islands or the Government of the United States prior to the ef- fective date of this Compact; ‘‘(2) any claim settled by the claimant and the Gov- ernment 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 omis- sions 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 Gov- ernment of the United States prior to the effective date of this Compact shall be adjudicated in the same man- ner as a claim adjudicated according to Section 174(d). In any claim against the Government of the Trust Ter- ritory of the Pacific Islands, the Government of the United States shall stand in the place of the Govern- ment 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 Govern- ment of the United States, may be presented for certifi- cation 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 re- viewable as provided by the laws of the United States. The United States Court of Appeals for the Federal Cir- cuit shall certify such judgment, and order payment thereof, unless it finds, after a hearing, that such judg- ment 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 Government of Palau, 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 Palau in any case in which the action is based on a commercial activity of the defendant Government carried out where the action is brought, or in a case in which dam- ages are sought for personal injury or death or damage to or loss of property occurring where the action is brought. This subsection shall apply only to actions based on commercial activities entered into or injuries or losses suffered on or after the effective date of this Compact. ‘‘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 Government of Palau regarding mutual assistance and cooperation in law enforcement matters including the pursuit, capture, imprisonment and extradition of fugi- tives 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 Page 316 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1931 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 Government of Palau confirms that final judg- ments 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 Palau to grant relief from judgments in appropriate cases. ‘‘Section 177 ‘‘(a) Federal agencies of the Government of the United States which provide services and related pro- grams in Palau are authorized to settle and pay tort claims arising in Palau from the activities of such agencies or from the acts or omissions of the employees of such agencies. Except as provided in Section 177(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 177(a) which cannot be set- tled under Section 177(a) shall be disposed of exclu- sively in accordance with Article II of Title Four. Arbi- tration 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 Palau shall provide for: ‘‘(1) the administrative settlement of claims re- ferred to in Section 177(a), including designation of local agents in Palau, such agents to be empowered to accept, investigate and settle such claims, in a timely manner, as provided in such related agree- ments; and ‘‘(2) arbitration, referred to in Section 177(b), in a timely manner, at a site convenient to the claimant, in the event a claim is not otherwise settled pursuant to Section 177(a). ‘‘(d) 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 ‘‘In order to assist the Government of Palau in its ef- forts to advance the well-being of the people of Palau and in recognition of the special relationship that ex- ists between the United States and Palau, the Govern- ment of the United States shall provide to the Govern- ment of Palau on a grant basis the following amounts: ‘‘(a) $12 million annually for ten years commencing on the effective date of this Compact, and $11 million annually for five years commencing on the tenth anni- versary of the effective date of this Compact, for cur- rent account operations and maintenance purposes, which amounts commencing on the fourth anniversary of the effective date of this Compact shall include a minimum annual distribution of $5 million from the fund specified in Section 211(f). ‘‘(b) $2 million annually for fourteen years com- mencing on the first anniversary of the effective date of this Compact as a contribution to efforts aimed at achieving increased self-sufficiency in energy produc- tion, of which annual amounts not less than $500,000 shall be devoted to the energy needs of those parts of Palau not served by its central power-generating facil- ity. ‘‘(c) $150,000 annually for fifteen years commencing on the effective date of this Compact as a contribution to current account operations and maintenance of com- munications systems, and the sum of $1.5 million, to be made available concurrently with the grant assistance provided during the first year after the effective date of this Compact, for the purpose of acquiring such com- munications hardware as may be located within Palau or for such other current or capital account activity as the Government of Palau may select. ‘‘(d) $631,000 annually on a current account basis for fifteen years commencing on the effective date of this Compact for the purposes set forth below: ‘‘(1) for the surveillance and enforcement by Gov- ernment of Palau of its maritime zone; ‘‘(2) for health and medical programs, including re- ferrals to hospital and treatment centers; and ‘‘(3) for a scholarship fund to support the post-sec- ondary education of citizens of Palau attending United States accredited, post-secondary institutions in Palau, the United States, its territories and pos- sessions, and states in free association with the United States. The curricular criteria for the award of scholarships shall be designed to advance the pur- poses of the plan referred to in Section 231. ‘‘(e) The sum of $666,800 as a contribution to the com- mencement of activities pursuant to Section 211(d)(1). ‘‘(f) The sum of $66 million on the effective date of this Compact, and the sum of $4 million concurrently with the grant assistance to be made available during the third year after the effective date of this Compact, to create a fund to be invested by the Government of Palau in issues of bonds, notes or other redeemable in- struments of the Government of the United States or other qualified instruments which may be identified by mutual agreement of the Government of the United States and the Government of Palau. Investment of the fund in qualified instruments of United States nation- ality, and the distribution of sums derived from such investment to the Government of Palau, shall not be subject to any form of taxation by the United States or its political subdivisions. The Government of the United States and the Government of Palau shall set forth in a separate agreement, which shall come into effect simultaneously with this Compact, provisions for the investment, management and review of the fund so as to allow for an agreed minimum annual distribution from its accrued principal and interest commencing upon the effective date of this Compact for fifty years. The objective of this sum is to produce an average an- nual distribution of $15 million commencing on the fif- teenth anniversary of this Compact for thirty-five years. Any excess or variance from the agreed min- imum annual distributions which may be produced from these sums shall accrue to or be absorbed by the Government of Palau unless otherwise mutually agreed in accordance with the provisions of the separate agree- ment referred to in this paragraph. The annual dis- tributions produced from these sums are not subject to Sections 215 and 236. ‘‘Section 212 ‘‘In order to assist the Government of Palau in its ef- forts to advance the economic development and self- sufficiency of the people of Palau and in recognition of the special relationship that exists between the United States and Palau, the Government of the United States shall provide: ‘‘(a) To the people of Palau, a road system in accord- ance with mutually agreed specifications, the construc- tion of which shall be completed prior to the sixth an- niversary of the effective date of this Compact; and ‘‘(b) To the Government of Palau, the sum of $36 mil- lion, during the first year after the effective date of this Compact, for capital account purposes. ‘‘Section 213 ‘‘The Government of the United States shall provide on a grant basis to the Government of Palau the sum of $5.5 million in conjunction with Article II of Title Three. This sum shall be made available concurrently with the grant assistance provided pursuant to this Ar- ticle during the first year after the effective date of this Compact. The Government of Palau, in its use of such funds, shall take into account the impact of the activities of the Government of the United States in Palau. ‘‘Section 214 ‘‘All funds previously appropriated to the Trust Ter- ritory of the Pacific Islands for the Government of Page 317 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1931 Palau which are unobligated by the Government of the Trust Territory as of the effective date of this Compact shall accrue to the Government of Palau for the pur- poses for which such funds were originally appropriated as determined by the Government of the United States. ‘‘Section 215 ‘‘Except as otherwise provided, the amounts stated in Sections 211(a), 211(b), 211(c) and 212(b) 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. ‘‘Article II ‘‘Program Assistance ‘‘Section 221 ‘‘(a) The Government of the United States shall make available to Palau, in accordance with and to the ex- tent provided in the separate agreement 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 effec- tive date of this Compact, the services and related pro- grams: ‘‘(1) of the United States Weather Service; ‘‘(2) provided pursuant to the Postal Reorganization Act, 39 U.S.C. 101 et seq.; ‘‘(3) of the United States Federal Aviation Adminis- tration; and ‘‘(4) of the United States Civil Aeronautics Board or its successor agencies which has the authority to im- plement 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, recog- nizing the special needs of the Palau [sic] particularly in the fields of education and health care, shall make available, as provided by the laws of the United States, ‘‘(1) the annual amount of $2 million which shall be allocated in accordance with the provisions of the separate agreement referred to in Section 232; and ‘‘(2) the sums of $4.3 million, $2.9 million and $1.5 million, respectively, during the first, second and third years after the effective date of this Compact, which sums shall be used by the Government of Palau as current account funds to finance programs similar to those programs of the United States that applied to Palau prior to the effective date of this Compact and that provided financial assistance for education to any institution, agency, organization or perma- nent resident of Palau or to the College of Micro- nesia. ‘‘(c) The Government of the United States shall make available to Palau such alternate energy development projects, studies and conservation measures as are ap- plicable 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 pur- poses of this Article and as is set forth in the related agreements referred to in Section 232, which shall also set forth the extent to which services and programs shall be provided to Palau. ‘‘Section 222 ‘‘The Government of Palau 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 law and which shall grant such technical assistance in a manner which gives priority consideration to Palau over other recipi- ents not a part of the United States, its territories or possessions and equivalent consideration to Palau with respect to other states in Free Association with the United States. ‘‘Section 223 ‘‘The citizens of Palau who are receiving post-sec- ondary education 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 com- plete 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 Gov- ernment of Palau may agree from time to time to the extension to Palau of additional United States grant assistance and of United States services and programs as provided by the laws of the United States. ‘‘Article III ‘‘Administrative Provisions ‘‘Section 231 ‘‘(a) The annual expenditure by the Government of Palau of the grant amounts specified in Article I of this Title shall be in accordance with an official national development plan promulgated by the Government of Palau and concurred in by the Government of the United States prior to the effective date of this Com- pact. This plan may be amended from time to time by the Government of Palau. ‘‘(b) The Government of the United States and the Government of Palau recognize that the achievement of the goals of the plan referred to in this Section de- pends upon the availability of adequate internal rev- enue as well as economic assistance from sources out- side of Palau, including the Government of the United States, and may, in addition, be affected by the impact of exceptional, economically adverse circumstances. The Government of Palau shall therefore report annu- ally to the President of the United States and to the Congress of the United States on the implementation of this plan and on its use of the funds specified in this Article. This report shall outline the achievements of the plan to date and the need, if any, for an additional authorization and appropriation of economic assistance for that year to account for any exceptional, economi- cally adverse circumstances. The availability of such additional economic assistance from the Government of the United States shall be subject to the authoriza- tion and appropriation of funds by the Government of the United States. ‘‘Section 232 ‘‘The specific nature, extent and contractual arrange- ments of the services and programs provided for in Sec- tion 221 as well as the legal status of agencies of the Government of the United States, their civilian em- ployees and contractors, and the dependents of such personnel while present in Palau, and other arrange- ments in connection with a service or program fur- nished by the Government of the United States, are set forth in related agreements which shall come into ef- fect simultaneously with this Compact. ‘‘Section 233 ‘‘The Government of the United States, in consulta- tion with the Government of Palau, shall determine and implement procedures for the periodic audit of all grants and other assistance made under this Title. Such audits shall be conducted at no cost to the Gov- ernment of Palau. ‘‘Section 234 ‘‘Title to the property of the Government of the United States situated in the Trust Territory of the Pacific Islands and in Palau 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 Government of Palau as set forth in a separate agreement which shall come into effect simultaneously with this Compact. The provi- sions of this Section shall not apply to the personal Page 318 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1931 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 Palau, shall ap- point 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 [sic] of Palau 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 cus- tomary 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 Com- pact by the Government of the United States shall con- stitute a pledge of the full faith and credit of the United States for the full payment of the sums and amounts specified in Article I of this Title. The obliga- tion of the Government of the United States under Ar- ticle I of this Title shall be enforceable in the United States Claims Court [now United States Court of Fed- eral Claims], or its successor court, which shall have jurisdiction in cases arising under this Section, not- withstanding 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 ‘‘Palau is not included in the customs territory of the United States. ‘‘Section 242 ‘‘The President of the United States shall proclaim the following tariff treatment for articles imported from Palau which shall apply during the period of effec- tiveness of this Title: ‘‘(a) Unless otherwise excluded, articles imported from Palau, 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. ‘‘(b) Only canned tuna provided for in item 112.30 of the Tariff Schedules of the United States that is im- ported from the Federated States of Micronesia, the Marshall Islands and Palau during any calendar year not to exceed 10 percent of the United States consump- tion of canned tuna during the immediately preceding calendar year, as reported by the National Marine Fish- eries Service, shall be exempt from duty; but the quan- tity of tuna given duty free treatment under this para- graph 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. ‘‘(c) The duty-free treatment provided under para- graph (1) shall not apply to: ‘‘(1) watches, clocks and timing apparatus provided for in sub-part E of part 2 of schedule 7 of the Tariff Schedules of the United States; ‘‘(2) buttons (whether finished or not finished) pro- vided for in item 745.32 of such Schedules; ‘‘(3) textile and apparel articles which are subject to textile agreements; and ‘‘(4) footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel which were not eligible articles for purposes of title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) on April 1, 1984. ‘‘(d) 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 Palau, an amount not to exceed 15 percent of the ap- praised 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. ‘‘Section 243 ‘‘Articles imported from Palau which are not exempt from any duty under paragraphs (a), (b), (c) and (d) 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 Palau shall receive treatment no less fa- vorable 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. ‘‘Article V ‘‘Finance and Taxation ‘‘Section 251 ‘‘The currency of the United States is the official cir- culating legal tender of Palau. Should the Government of Palau 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 Palau 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 man- ner as such Government deems appropriate. The deter- mination 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 Palau, domiciled therein and who is a nonresident and not a citizen of the United States, shall be exempt from estate, gift, and generation-skip- ping transfer taxes imposed by the Government of the United States. ‘‘Section 254 ‘‘(a) In determining any income tax imposed by the Government of Palau, the Government of Palau shall have authority to impose tax upon income derived by a resident of Palau from sources without Palau in the same manner and to the same extent as the Govern- ment of Palau imposes tax upon income derived from within its jurisdiction. If the Government of Palau ex- ercises such authority as provided in this subsection, any individual resident of Palau who is subject to tax by the Government of the United States on income which is also taxed by the Government of Palau 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 Palau’ shall be deemed to include any person who was physically present in Palau for a period of 183 or more days during any taxable year. The relief from liability referred to in this subsection 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 United States Internal Revenue Code of 1954. Page 319 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1931 ‘‘(b) If the Government of Palau 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 au- thority described in Section 254(a). ‘‘Section 255 ‘‘(a) For purposes of section 936 of the Internal Rev- enue Code of 1954 Palau shall be treated as if it was a possession of the United States. ‘‘(b) Subsection (a) of this Section shall not apply to Palau for any period after December 31, 1986, during which there is not in effect between Palau 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) If the tax incentives extended to Palau under subsection (a) of this Section are, at any time during which the Compact is in effect, reduced, the United States Secretary of the Treasury shall negotiate an agreement with the Government of Palau under which, when such agreement is approved by law, Palau 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 reduc- tion 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. For purposes of Article V of this Title, 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 bene- fits referred to in this subsection. ‘‘(d) For purposes of section 274(h)(3)(A) of the Inter- nal Revenue Code of 1954, the term ‘North American area’ shall include Palau. ‘‘Section 256 ‘‘This Article shall apply to income earned, and transactions occurring, after September 30, 1985, in tax- able years ending after such date. ‘‘TITLE THREE ‘‘SECURITY AND DEFENSE RELATIONS ‘‘Article I ‘‘Authority and Responsibility ‘‘Section 311 ‘‘The territorial jurisdiction of the Republic of Palau shall be completely foreclosed to the military forces and personnel or for the military purposes of any na- tion except the United States of America, and as pro- vided for in Section 312. ‘‘Section 312 ‘‘The Government of the United States has full au- thority and responsibility for security and defense mat- ters in or relating to Palau. Subject to the terms of any agreements negotiated pursuant to Article II of this Title, the Government of the United States may con- duct within the lands, water and airspace of Palau the activities and operations necessary for the exercise of its authority and responsibility under this Title. The Government of the United States may invite the armed forces of other nations to use military areas and facili- ties in Palau in conjunction with and under the control of United States Armed Forces. ‘‘Section 313 ‘‘The Government of Palau shall refrain from actions which the Government of the United States deter- mines, after consultation with that Government, to be incompatible with its authority and responsibility for security and defense matters in or relating to Palau. ‘‘Article II ‘‘Defense Sites and Operating Rights ‘‘Section 321 ‘‘The Government of the United States may establish and use defense sites in Palau, and may designate for this purpose land and water areas and improvements in accordance with the provisions of a separate agreement which shall come into force simultaneously with this Compact. ‘‘Section 322 ‘‘(a) When the Government of the United States de- sires to establish or use such a defense site specifically identified in the separate agreement referred to in Sec- tion 321, it shall so inform the Government of Palau which shall make the designated site available to the Government of the United States for the duration and level of use specified. ‘‘(b) With respect to any site not specifically identi- fied in the separate agreement referred to in Section 321, the Government of the United States shall inform the Government of Palau, which shall make the des- ignated site available to the Government of the United States for the duration and level of use specified, or shall make available one alternative site acceptable to the Government of the United States. If such alter- native site is unacceptable to the Government of the United States, the site first designated shall be made available after such determination. ‘‘(c) Compensation in full for designation, establish- ment or use of defense sites is provided in Title Two of this Compact. ‘‘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 Palau, are set forth in related agreements which shall come into effect simultaneously with this Compact. ‘‘Section 324 ‘‘In the exercise in Palau of its authority and respon- sibility under this Title, the Government of the United States shall not use, test, store or dispose of nuclear, toxic chemical, gas or biological weapons intended for use in warfare and the Government of Palau assures the Government of the United States that in carrying out its security and defense responsibilities under this Title, the Government of the United States has the right to operate nuclear capable or nuclear propelled vessels and aircraft within the jurisdiction of Palau without either confirming or denying the presence or absence of such weapons within the jurisdiction of Palau. ‘‘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, ex- clusively, shall assume and enjoy, as to Palau, all obli- gations, responsibilities, rights and benefits of: ‘‘(a) Any defense treaty or other international secu- rity 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 secu- rity agreement to which the Government of the United States is or may become a party which it determines to be applicable in Palau. Such a determination by the Government of the United States shall be preceded by appropriate consultation with the Government of Palau. ‘‘Article IV ‘‘Service in the Armed Forces of the United States ‘‘Section 341 ‘‘Any citizen of Palau entitled to the privileges of Section 141 of this Compact shall be eligible to volun- Page 320 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1931 teer for service in the Armed Forces of the United States, but shall not be subject to involuntary induc- tion 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 en- rolled, at any one time, at least one qualified student from Palau as may be nominated by the Government of Palau, in each of: ‘‘(a) The United States Coast Guard Academy pursu- ant to 14 U.S.C. 195 [now 14 U.S.C. 1923]; and ‘‘(b) The United States Merchant Marine Academy pursuant to [former] 46 U.S.C. [App.] 1295b(b)(6) [see 46 U.S.C. 51304], provided that the provisions of 46 U.S.C. [App.] 1295b(b)(6)(C) [now 46 U.S.C. 51304(b)(2)] shall not apply to the enrollment of students pursuant to Sec- tion 342(b) of this Compact. ‘‘Article V ‘‘General Provisions ‘‘Section 351 ‘‘(a) The Government of the United States and the Government of Palau shall establish a joint committee empowered to consider disputes which may arise under the implementation of this Title and its related agree- ments. ‘‘(b) The membership of the joint committee shall comprise selected senior officials of each of the partici- pating Governments. The senior United States military commander in the Pacific area shall be the senior United States member of the joint committee. For the meetings of the joint committee, each of the Govern- ments may designate additional or alternate represent- atives as appropriate for the subject matter under con- sideration. ‘‘(c) Unless otherwise mutually agreed, the joint com- mittee shall meet semi-annually at a time and place to be designated, after appropriate consultation, by the Government of the United States. The joint committee also shall meet promptly upon request of either of its members. Upon notification by the Government of the United States, the joint committee shall meet prompt- ly in combined session with other such joint commit- tees so notified. The 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 the joint committee shall be referred to the Government of the United States and the Government of Palau for resolution, and the Gov- ernment of Palau shall be afforded, on an expeditious basis, an opportunity to raise its concerns with the United States Secretary of Defense personally regard- ing 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 this Compact, the Government of the United States shall accord due respect to the authority and re- sponsibility of the Government of Palau under this Compact and to the responsibility of the Government of Palau to assure the well-being of Palau and its peo- ple. The Government of the United States and the Gov- ernment of Palau agree that the authority and respon- sibility of the United States set forth in this Title are exercised for the mutual security and benefit of Palau and the United States, and that any attack on Palau 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, or threat thereof, the Gov- ernment of the United States would take action to meet the danger to the United States and Palau in ac- cordance with its constitutional processes. ‘‘Section 353 ‘‘(a) The Government of the United States shall not include the Government of Palau as a named party to a formal declaration of war, without the consent of the Government of Palau. ‘‘(b) Absent such consent, this Compact is without prejudice, on the ground of belligerence or the exist- ence of a state of war, to any claims for damages which are advanced by the citizens, nationals or Government of Palau 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. ‘‘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 Palau, subse- quent to completion of the following: ‘‘(a) Approval by the Government of Palau in accord- ance with its constitutional processes; ‘‘(b) Approval by the people of Palau in a referendum called on this Compact; and ‘‘(c) Approval by the Government of the United States in accordance with its constitutional processes. ‘‘Article II ‘‘Conference and Dispute Resolution ‘‘Section 421 ‘‘The Government of the United States and the Gov- ernment of Palau shall confer promptly at the request of the other 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 Palau, after conferring pursuant to Section 421, determines that there is a dispute and gives written notice thereof, the Governments 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 Palau 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 pro- vided 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 mutu- ally agree that the decision shall be advisory. Arbitra- tion 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 and each of the two parties to the dispute shall appoint one member to the arbitra- tion 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 dis- pute 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 Page 321 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1931 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 VI 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 Inter- national Court of Justice. ‘‘(e) The arbitration board shall adopt such rules for its proceedings as it may deem appropriate and nec- essary, but such rules shall not contravene the provi- sions of this Compact. Unless the parties provide other- wise 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 Government of Palau. ‘‘Article III ‘‘Amendment and Review ‘‘Section 431 ‘‘The provisions of this Compact may be amended at any time by mutual agreement of the Government of the United States and the Government of Palau in accordance with their respective constitutional pro- cesses. ‘‘Section 432 ‘‘Upon the fifteenth and thirtieth and fortieth anni- versaries of the effective date of this Compact, the Gov- ernment of the United States and the Government of Palau shall formally review the terms of this Compact and its related agreements and shall consider the over- all nature and development of their relationship. In these formal reviews, the governments shall consider the operating requirements of the Government of Palau and its progress in meeting the development objectives set forth in the plan referred to in Section 231(a). The governments commit themselves to take specific meas- ures in relation to the findings of conclusions resulting from the review. Any alteration to the terms of this Compact or its related agreements shall be made by mutual agreement and the terms of this Compact and its related agreements shall remain in force until oth- erwise amended or terminated pursuant to Title Four of this Compact. ‘‘Article IV ‘‘Termination ‘‘Section 441 ‘‘This Compact may be terminated by mutual agree- ment and subject to Section 451. ‘‘Section 442 ‘‘This Compact may be terminated by the Govern- ment of the United States 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 deliv- ery of such notice. The time specified in the notice of termination may be extended. ‘‘Section 443 ‘‘This Compact shall be terminated, pursuant to its constitutional processes, by the Government of Palau subject to Section 452 if the people of Palau vote in a plebiscite to terminate. The Government of Palau shall notify the Government of the United States of its in- tention to call such a plebiscite which shall take place not earlier than three months after delivery of such no- tice. The plebiscite shall be administered by such gov- ernment in accordance with its constitutional and leg- islative 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 Gov- ernment 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 deliv- ery 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 ‘‘Should termination occur pursuant to Section 442 or 443, the following provisions of this Compact shall re- main in full force and effect until the fiftieth anniver- sary of the effective date of this Compact and there- after as mutually agreed: ‘‘(a) Article I and Section 233 of Title Two; ‘‘(b) Title Three; and ‘‘(c) Articles II, III, V and VI of Title Four. ‘‘Section 453 ‘‘Notwithstanding any other provision of this Com- pact: ‘‘(a) The provisions of Section 311, even if Title Three should terminate, are binding and shall remain in ef- fect for a period of 50 years and thereafter until termi- nated or otherwise amended by mutual consent; ‘‘(b) The related agreements referred to in Article II of Title Three shall remain in effect in accordance with their terms; and ‘‘(c) The Government of the United States reaffirms its continuing interest in promoting the long-term eco- nomic advancement and self-sufficiency of the people of Palau. ‘‘Section 454 ‘‘Any provision of this Compact which remains in ef- fect by operation of Section 452 shall be construed and implemented in the same manner as prior to any termi- nation of this Compact pursuant to Section 442 or 443. ‘‘Article VI ‘‘Definition of Terms ‘‘Section 461 ‘‘For the purpose of this Compact the following terms shall have the following meanings: ‘‘(a) ‘Trust Territory of the Pacific Islands’ means the area established in the Trusteeship Agreement con- sisting of the administrative districts of Kosrae, Yap, Palau, Ponape, the Marshall Islands and Truk as de- scribed in Title One, Trust Territory Code, Section 1, in force on January 1, 1979. This term does not include the area of the Northern Mariana Islands. ‘‘(b) ‘Trusteeship Agreement’ means the agreement setting forth the terms of trusteeship for the Trust Ter- ritory 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) ‘Palau’ is used in a geographic sense and includes the land and water areas to the outer limits of the ter- ritorial sea and the air space above such areas as now or hereafter recognized by the Government of the United States consistent with the Compact and its re- lated agreements. ‘‘(d) ‘Government of Palau’ means the Government established and organized by the Constitution of Palau Page 322 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1931 including all the political subdivisions and entities comprising that Government. ‘‘(e) ‘Habitual Residence’ means a place of general abode or a principal, actual dwelling place of a con- tinuing 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 or Palau for less than one year, or who is a dependent of a resident representative, as described in Section 152. ‘‘(f) For the purposes of Article IV of Title One of this Compact: ‘‘(1) ‘Actual Residence’ means physical presence in Palau during eighty-five percent of the period of resi- dency required by Section 141(a)(3); and ‘‘(2) ‘Certificate of Actual Residence’ means a cer- tificate issued to a naturalized citizen by the Govern- ment which has naturalized him stating that the cit- izen has complied with the actual residence require- ment of Section 141(a)(3). ‘‘(g) ‘Defense Sites’ means those land and water areas and improvements thereon in Palau reserved or ac- quired by the Government of Palau for use by the Gov- ernment of the United States, as set forth in the re- lated agreements referred to in Section 321. ‘‘(h) ‘Capital Account’ means, for each year of the Compact, those portions of the total grant assistance provided in Article I of Title Two, which are to be obli- gated for: ‘‘(1) the construction or major repair of capital in- frastructure; or ‘‘(2) public and private sector projects identified in the official overall economic development plan. ‘‘(i) ‘Current Account’ means, for each year of the Compact, those portions of the total grant assistance provided in Article I of Title Two, which are to be obli- gated for recurring operational activities including in- frastructure maintenance as identified in the annual budget justifications submitted yearly to the Govern- ment of the United States. ‘‘(j) ‘Official National Development Plan’ means the documented program of annual development which identifies the specific policy and project activities nec- essary to achieve a specified set of economic goals and objectives during the period of free association, con- sistent 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 utili- zation, infrastructure needs and expenditures, and the specific private sector projects required to develop the local economy of Palau. Project identification should include initial cost estimates, with project purposes re- lated to specific development goals and objectives. ‘‘(k) ‘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. ‘‘(l) ‘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 Gov- ernment of Palau shall conclude related agreements which shall come into effect and shall survive in ac- cordance with their terms, and which shall be con- strued and implemented in a manner consistent with this Compact, as follows: ‘‘(a) Agreement Regarding the Provision of Tele- communication Services by the Government of the United States to Palau Concluded Pursuant to Section 131 of the Compact of Free Association; ‘‘(b) Agreement Regarding the Operation of Tele- communication Services of the Government of the United States in Palau, Concluded Pursuant to Section 132 of the Compact of Free Association; ‘‘(c) Agreement on Extradition, Mutual Assistance in Law Enforcement Matters and Penal Sanctions Con- cluded Pursuant to Section 175 of the Compact of Free Association; ‘‘(d) Agreement Regarding United States Economic Assistance to the Government of Palau Concluded Pur- suant to Section 211(f) of the Compact of Free Associa- tion; ‘‘(e) Agreement Regarding Construction Projects in Palau Concluded Pursuant to Section 212(a) of the Com- pact of Free Association; ‘‘(f) Agreement Regarding Federal Programs and Services, and Concluded Pursuant to Article II of Title Two and Section 232 of the Compact of Free Associa- tion; ‘‘(g) Agreement Regarding Property Turnover, Con- cluded Pursuant to Section 234 of the Compact of Free Association; ‘‘(h) Agreement Regarding the Military Use and Oper- ating Rights of the Government of the United States in Palau Concluded Pursuant to Sections 321 and 322 of the Compact of Free Association; and ‘‘(i) Status of Forces Agreement Concluded Pursuant to Section 323 of the Compact of Free Association. ‘‘(j) Agreement regarding the Jurisdication [sic] and Sovereignty of the Republic of Palau over its Territory and the Living and Non-living Resources of the Sea. ‘‘Article VII ‘‘Concluding Provisions ‘‘Section 471 ‘‘(a) The Government of the United States and the Government of Palau agree that they have full author- ity 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 agree- ments. The Governments pledge that they are so com- mitted. ‘‘(b) The Government of the United States and the Government of Palau shall take all necessary steps, of a general or particular character, to ensure, not later than the effective date of this Compact, that their laws, regulations and administrative procedures are such as to effect the commitments referred to in Sec- tion 471(a). ‘‘(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 oth- erwise, by the Government of the United States and the Government of Palau. Each government shall possess an original English language version. ‘‘IN WITNESS THEREOF, the undersigned, duly au- thorized, 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 the Government of Palau. ‘‘DONE AT llllllllll, THIS lll DAY ‘‘OF ll, ONE THOUSAND NINE HUNDRED EIGHTY-FIVE ‘‘FOR THE GOVERNMENT ‘‘OF ‘‘THE UNITED STATES OF AMERICA ‘‘llllllllllll ‘‘DONE AT llllllllll, THIS lll DAY ‘‘OF ll, ONE THOUSAND NINE HUNDRED EIGHTY-FIVE ‘‘FOR THE GOVERNMENT ‘‘OF ‘‘THE REPUBLIC OF PALAU ‘‘llllllllllll’’. [For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities Page 323 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1932 and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of this title. PROC. NO. 6726. PLACING INTO FULL FORCE AND EFFECT COMPACT OF FREE ASSOCIATION WITH REPUBLIC OF PALAU Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, provided: Since July 18, 1947, the United States has adminis- tered the United Nations Trust Territory of the Pacific Islands (‘‘Trust Territory’’), which has included the Northern Mariana Islands, the Federated States of Mi- cronesia, the Marshall Islands, and Palau. On November 3, 1986, a Covenant between the United States and the Northern Mariana Islands [48 U.S.C. 1801 note] came into force. This Covenant established the Commonwealth of the Northern Mariana Islands as a self-governing Commonwealth in political union with and under the sovereignty of the United States. On October 21, 1986, in the case of the Republic of the Marshall Islands, and on November 3, 1986, in the case of the Federated States of Micronesia, Compacts of Free Association with the United States [48 U.S.C. 1901 note] became effective. Under the Compacts, the Fed- erated States of Micronesia and the Republic of the Marshall Islands became self-governing sovereign states, in free association with the United States. Fol- lowing the changes in political status of the Northern Mariana Islands, the Marshall Islands, and the Fed- erated States of Micronesia, the Trusteeship Agree- ment ceased to be applicable to those entities and only Palau remained as the Trust Territory of the Pacific Is- lands. On January 10, 1986, the Government of the United States and the Government of Palau concluded a Com- pact of Free Association [set out above] similar to those that the United States entered into with the Re- public of the Marshall Islands and with the Federated States of Micronesia. As in those instances, it was spec- ified that the Compact with Palau would come into ef- fect upon (1) mutual agreement between the Govern- ment of the United States, acting in fulfillment of its responsibilities as Administering Authority of the Trust Territory of the Pacific Islands, and the Govern- ment of Palau; (2) the approval of the Compact by the two Governments, in accordance with their constitu- tional processes; and (3) the approval of the Compact by plebiscite in Palau. In Palau the Compact has been approved by the Gov- ernment in accordance with its constitutional proc- esses and by a United Nations-observed plebiscite on November 9, 1993, a sovereign act of self-determination. In the United States the Compact was approved by Public Law 99–658 of November 14, 1986 [48 U.S.C. 1931 et seq.], and Public Law 101–219 of December 12, 1989 [48 U.S.C. 1951 et seq.]. On May 25, 1994, the Trusteeship Council of the United Nations concluded that the Government of the United States had satisfactorily discharged its obliga- tions as the Administering Authority under the terms of the Trusteeship Agreement and that the people of Palau had freely exercised their right to self-deter- mination and considered that it was appropriate for the Trusteeship Agreement to be terminated. The Council asked the United States to consult with the Govern- ment of Palau and to agree on a date, on or about Octo- ber 1, 1994, for entry into force of their new status agreement. On July 15, 1994, the Government of the United States and the Government of the Republic of Palau agreed, pursuant to section 411 of the Compact of Free Associa- tion, that as between the United States and the Repub- lic of Palau, the effective date of the Compact shall be October 1, 1994. As of this day, September 27, 1994, the United States has fulfilled its obligations under the Trusteeship Agreement with respect to the Republic of Palau. On October 1, 1994, the Compact will enter into force be- tween the United States and the Republic of Palau, and Palau will thereafter be self-governing and no longer subject to the Trusteeship. In taking these actions, the United States is implementing the freely expressed wishes of the people of Palau. NOW, THEREFORE, I, WILLIAM J. CLINTON, Presi- dent of the United States of America, by the authority vested in me by the Constitution and laws of the United States, including sections 101 and 102 of the Joint Resolution to approve the ‘‘Compact of Free As- sociation’’ between the United States and the Govern- ment of Palau, and for other purposes, approved on No- vember 14, 1986 (Public Law 99–658) [48 U.S.C. 1931, 1932], and section 101 of the Joint Resolution to authorize entry into force of the Compact of Free Association be- tween the United States and the Government of Palau, and for other purposes, approved on December 12, 1989 (Public Law 101–219) [48 U.S.C. 1951], and pursuant to section 1002 of the Covenant to Establish a Common- wealth of the Northern Mariana Islands in Political Union with the United States of America [48 U.S.C. 1801 note], and consistent with sections 101 and 102 of the Joint Resolution to approve the ‘‘Compact of Free As- sociation’’ and for other purposes, approved on January 14, 1986 (Public Law 99–239) [48 U.S.C. 1901, 1902], do hereby find, declare, and proclaim as follows: SECTION 1. I determine that the Trusteeship Agree- ment for the Pacific Islands will be no longer in effect with respect to the Republic of Palau as of October 1, 1994, at one minute past one o’clock p.m. local time in Palau. This constitutes the determination referred to in section 1002 of the Covenant with the Northern Mar- iana Islands (Public Law 94–241). SEC. 2. The Compact of Free Association with the Re- public of Palau will be in full force and effect as of Oc- tober 1, 1994, at one minute past one o’clock p.m. local time in Palau. SEC. 3. I am gratified that the people of the Republic of Palau, after 47 years of Trusteeship, have freely cho- sen to establish a relationship of Free Association with the United States. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day of September, in the year of our Lord nineteen hundred and ninety-four, and of the Independence of the United States of America the two hundred and nineteenth. WILLIAM J. CLINTON. § 1932. Extension of Compact of Free Association to Palau (a) The interpretation of and United States Policy Regarding the Compact of Free Associa- tion set forth in section 1904 of this title shall apply to the Compact of Free Association with Palau. (b) The provisions of section 1905 of this title, except for subsection (i), section 1906 of this title, section 1910 of this title, and section 1911(a) and (d) of this title shall apply to Palau in the same manner and to the same extent as such sections apply to the Marshall Islands. (Pub. L. 99–658, title I, § 102, Nov. 14, 1986, 100 Stat. 3675.)