22 U.S.C. § 1394 — Recognition of Philippine independence

Page 347 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1394 AMENDMENTS 1959—Subsec. (g)(5). Pub. L. 86–346 substituted ‘‘on original issue at the issue price’’ for ‘‘on original issue at par’’. 1946—Act Apr. 30, 1946, repealed opening par. and sub- secs. (a) to (f), (h) relating to relations with the United States pending complete independence, and trade rela- tions. 1939—Act Aug. 7, 1939, amended section generally. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1946 AMENDMENT Amendment by act Apr. 30, 1946 effective May 1, 1946, see section 512 of act Apr. 30, 1946, set out as an Effec- tive Date note under section 1354 of this title. TERMINATION OF ACCEPTANCE OF DEPOSITS OF EXPORT TAXES Authority of Secretary of the Treasury to accept de- posits of proceeds of export taxes in accordance with section 1333 of this title terminated on July 1, 1951, under the provisions of act Aug. 7, 1946, ch. 809, § 2, 60 Stat. 901. § 1394. Recognition of Philippine independence (a) Withdrawal of American sovereignty On the 4th day of July immediately following the expiration of a period of ten years from the date of the inauguration of the new government under the constitution provided for in this Act, the President of the United States shall by proc- lamation withdraw and surrender all right of possession, supervision, jurisdiction, control, or sovereignty then existing and exercised by the United States in and over the territory and peo- ple of the Philippine Islands, including all mili- tary and other reservations of the Government of the United States in the Philippines (except such naval reservations and fueling stations as are reserved under section 1391 of this title), and, on behalf of the United States, shall recog- nize the independence of the Philippine Islands as a separate and self-governing nation and ac- knowledge the authority and control over the same of the government instituted by the people thereof, under the constitution then in force. (b) Naval reservations and fueling stations The President of the United States is author- ized and empowered to enter into negotiations with the government of the Philippine Islands, not later than two years after his proclamation recognizing the independence of the Philippine Islands, for the adjustment and settlement of all questions relating to naval reservations and fueling stations of the United States in the Phil- ippine Islands, and pending such adjustment and settlement the matter of naval reservations and fueling stations shall remain in its present sta- tus. (c) Property for diplomatic purposes (1) Whenever the President of the United States shall find that any properties in the Phil- ippines, owned by the Philippine Government or by private persons, would be suitable for diplo- matic or consular establishments of the United States after the inauguration of the independent Government, he may, with the approval of the Philippine Government, and in exchange for the conveyance of title to the United States, trans- fer to the said Government or private persons any properties of the United States in the Phil- ippines. Title to any properties so transferred to private persons, and title to any properties so acquired by the United States, shall be vested in fee simple in such persons and the United States, respectively, notwithstanding the provi- sions contained in subsection (a) of this section. (2) Whenever, prior to July 4, 1946, the Presi- dent of the United States shall find that any properties of the United States in the Phil- ippines would be suitable for diplomatic and consular establishments of the United States after the inauguration of the independent Gov- ernment, he shall designate the same by the issuance of a proclamation or proclamations, and title to any properties so designated shall continue to be vested in fee simple in the United States notwithstanding the provisions contained in subsection (a) of this section. (3) Title to the lands and buildings pertaining to the official residences of the United States High Commissioner to the Philippine Islands in the cities of Manila and Baguio, together with all fixtures and movable objects, shall continue to be vested in the United States after July 4, 1946, notwithstanding the provisions contained in subsection (a) of this section. (4) Administrative supervision and control over any properties acquired or designated by the President of the United States pursuant to this subsection, and over the official residences in the Philippines of the High Commissioner, shall, on and after July 4, 1946, be exercised by the Secretary of State, in accordance with Acts of Congress relating to property held by the United States in foreign countries for official es- tablishments. (Mar. 24, 1934, ch. 84, § 10, 48 Stat. 463; Aug. 7, 1939, ch. 502, § 3, 53 Stat. 1230.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is act Mar. 24, 1934, ch. 84, 48 Stat. 456, which enacted sections 1281a, 1391, 1393 to 1395 of this title, and section 1248 of Title 48, Territories and Insular Possessions, amended sec- tions 1231 to 1234, 1237, 1238, 1239, 1241 to 1243, 1245, and 1247 of Title 48, and enacted a provision set out as a note under section 1391 of this title. For complete clas- sification of this Act to the Code, see Tables. PRIOR PROVISIONS Provisions similar to those contained in subsec. (a) of this section were contained in the first par. of section 10 of act Jan. 17, 1933, ch. 11, 47 Stat. 768. AMENDMENTS 1939—Subsec. (c). Act Aug. 7, 1939, added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1939 AMENDMENT Act Aug. 7, 1939, ch. 502, § 7, 53 Stat. 1233, provided that act Aug. 7, 1939, should become effective on Jan. 1, 1940, if certain conditions were fulfilled. The conditions were fulfilled and section became effective on said date. INDEPENDENCE DATE ADVANCED Act June 29, 1944, ch. 322, § 3, 58 Stat. 626, provided in part that date of independence could be advanced prior to July 4, 1946, but it was not done. Page 348 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1395 1 See References in Text note below. Executive Documents PROC. NO. 2695. PHILIPPINE INDEPENDENCE Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, provided in part: The United States of America hereby withdraws and surrenders all rights of possession, supervision, juris- diction, control, or sovereignty now existing and exer- cised by the United States of America in and over the territory and people of the Philippines; and, On behalf of the United States of America, I do here- by recognize the independence of the Philippines as a separate and self-governing nation and acknowledge the authority and control over the same of the govern- ment instituted by the people thereof, under the con- stitution now in force. HARRY S. TRUMAN § 1395. Definitions (a) As used in sections 1393 and 1394 of this title— (1) The term ‘‘United States’’, when used in a geographical sense, but not the term ‘‘conti- nental United States’’, includes all Territories and possessions of the United States, other than the Philippines. (2) The term ‘‘cordage’’ includes yarns, twines (including binding twine described in paragraph 1622 1 of section 1201 of title 19), cords, cordage, rope and cable, tarred or untarred, wholly or in chief value of manila (abaca) or other hard fiber. (3) The term ‘‘Philippine Government’’ means the Government of the Commonwealth of the Philippines. (4) The term ‘‘United States duty’’, when used in connection with the computation of export taxes, means the lowest rate of ordi- nary customs duty in effect at the time of the shipment of the article concerned from the Philippines and applicable to like articles im- ported into the continental United States from any foreign country, except Cuba, or when more than one rate of ordinary customs duty is applicable to such like articles, the ag- gregate of such rates. (5) The term ‘‘refined sugars’’ possesses the same meaning as the term ‘‘direct-consump- tion sugar’’ as defined in section 1101 1 of title 7. (6) The term ‘‘Philippine article’’ means an article the growth, produce, or manufacture of the Philippines, in the production of which no materials of other than Philippine or United States origin valued in excess of 20 per centum of the total value of such article was used and which is brought into the United States from the Philippines. (7) The term ‘‘American article’’ means an article the growth, produce, or manufacture of the United States, in the production of which no materials of other than Philippine or United States origin valued in excess of 20 per centum of the total value of such article was used and which is brought into the Philippines from the United States. (8) The term ‘‘Philippine import duty’’ means the lowest rate of ordinary customs duty applicable at the port of arrival, at the time of entry, or withdrawal from warehouse, for consumption of the article concerned, to like articles imported into the Philippines from any other foreign country, or when more than one rate of ordinary customs duty is ap- plicable to such like articles, the aggregate of such rates. (b) As used in subsection (a) of this section: (1) The terms ‘‘includes’’ and ‘‘including’’ shall not be deemed to exclude other things otherwise within the meaning of the term de- fined. (2) The term ‘‘ordinary customs duty’’ shall not include any import duty or charge which is imposed to compensate for an internal tax imposed in respect of a like domestic product or in respect of a commodity from which the imported product has been manufactured or produced in whole or in part. (Mar. 24, 1934, ch. 84, § 18, as added Aug. 7, 1939, ch. 502, § 5, 53 Stat. 1231.) Editorial Notes REFERENCES IN TEXT Paragraph 1622 of section 1201 of title 19, referred to in subsec. (a)(2), was repealed by act May 24, 1962, Pub. L. 87–456, title I, § 101(a), 76 Stat. 72. Since their independence, the Philippine Islands have been a republic, and are no longer designated as a ‘‘Commonwealth’’ as referred to in par. (3) of subsec. (a) of this section. See note below. Section 1101 of title 7, referred to in subsec. (a)(5), was omitted from the Code. Executive Documents PHILIPPINE INDEPENDENCE Philippine Islands granted independence by Proc. No. 2695, set out as a note under section 1394 of this title. CHAPTER 16—GREEK AND TURKISH ASSISTANCE §§ 1401 to 1410. Repealed. Aug. 26, 1954, ch. 937, title V, § 542(a)(1), (4), 68 Stat. 861 Section 1401, acts May 22, 1947, ch. 81, § 1, 61 Stat. 103; Apr. 5, 1952, ch. 159, § 1, 66 Stat. 43, authorized President to furnish assistance and prescribed type of assistance to be furnished. See sections 1451 to 1453 and 2395 of this title. Section 1402, act May 22, 1947, ch. 81, § 2, 61 Stat. 104, related to allocation of funds to Government agencies. See section 2392 of this title. Section 1403, act May 22, 1947, ch. 81, § 3, 61 Stat. 104, prescribed conditions precedent to receipt of assist- ance. Section 1404, acts May 22, 1947, ch. 81, § 4, 61 Stat. 105; Apr. 3, 1948, ch. 169, title III, § 303, 62 Stat. 158, related to advancement and reimbursement of funds by and to R.F.C. and appropriations. Section 1405, act May 22, 1947, ch. 81, § 5, 61 Stat. 105, related to rules and regulations and withdrawal of aid. See section 2367 of this title. Section 1406, act May 22, 1947, ch. 81, § 6, 61 Stat. 105, related to termination of assistance. See section 2367 of this title. Section 1407, act May 22, 1947, ch. 81, § 7, 61 Stat. 105, required President to submit quarterly reports to Con- gress. See section 2394 of this title. Section 1408, act May 22, 1947, ch. 81, § 8, 61 Stat. 105, related to appointment and duties of chief of any mis- sion to Greece and Turkey. See section 2391 of this title. Section 1409, act Apr. 3, 1948, ch. 169, title III, § 302, 62 Stat. 158, related to additional appropriations.