48 U.S.C. § 737 — Privileges and immunities

Page 59 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 737 Because Puerto Rico’s degree of constitutional self- government, population, and size set it apart from other areas also subject to Federal jurisdiction under Article IV, section 3, clause 2 of the Constitution, I hereby direct all Federal departments, agencies, and of- ficials, to the extent consistent with the Constitution and the laws of the United States, henceforward to treat Puerto Rico administratively as if it were a State, except insofar as doing so with respect to an ex- isting Federal program or activity would increase or decrease Federal receipts or expenditures, or would se- riously disrupt the operation of such program or activ- ity. With respect to a Federal program or activity for which no fiscal baseline has been established, this memorandum shall not be construed to require that such program or activity be conducted in a way that increases or decreases Federal receipts or expenditures relative to the level that would obtain if Puerto Rico were treated other than as a State. If any matters arise involving the fundamentals of Puerto Rico’s status, they shall be referred to the Of- fice of the President. This guidance shall remain in effect until Federal legislation is enacted altering the current status of Puerto Rico in accordance with the freely expressed wishes of the people of Puerto Rico. The memorandum for the heads of executive depart- ments and agencies on this subject, issued July 25, 1961 [26 F.R. 6695], is hereby rescinded. This memorandum shall be published in the Federal Register. GEORGE BUSH. § 734a. Extension of industrial alcohol and inter- nal revenue laws to Puerto Rico Title III of the National Prohibition Act, as amended, and all provisions of the internal rev- enue laws relating to the enforcement thereof, are extended to and made applicable to Puerto Rico from and after August 27, 1935. The Insular Government shall advance to the Treasury of the United States such funds as may be required from time to time by the Secretary of the Treas- ury for the purpose of defraying all expenses in- curred by the Treasury Department in connec- tion with the enforcement in Puerto Rico of the said Title III and regulations promulgated thereunder. The funds so advanced shall be de- posited in a separate trust fund in the Treasury of the United States and shall be available to the Treasury Department for the purposes of this section. (June 26, 1936, ch. 830, title III, § 329(c), 49 Stat. 1957.) Editorial Notes REFERENCES IN TEXT The National Prohibition Act, as amended, referred to in text, is act Oct. 28, 1919, ch. 85, 41 Stat. 305. Title III of such Act was classified principally to chapter 3 (§ 71 et seq.) of Title 27, Intoxicating Liquors, and was omitted from the Code in view of the incorporation of such provisions in the Internal Revenue Code of 1939, and subsequently into the Internal Revenue Code of 1986. CODIFICATION Provisions similar to those comprising this section relating to the Virgin Islands are classified to section 1402 of this title. Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. § 735. Repealed. July 3, 1950, ch. 446, § 5(2), 64 Stat. 320 Section, acts Mar. 2, 1917, ch. 145, § 57, 39 Stat. 968; May 17, 1932, ch. 190, 47 Stat. 158, continued certain Puerto Rican Laws in force and authorized the legisla- tive authority to modify or repeal laws. Section 15 of act Apr. 12, 1900, ch. 191, 31 Stat. 80, formerly cited as a credit to this section, was not repealed by act July 3, 1950. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 25, 1952, see Effective Date of Repeal note set out under section 732 of this title. § 736. Puerto Rican law modified So much of the law which was in force at the time of cession, April 11th, 1899, forbidding the marriage of priests, ministers, or followers of any faith because of vows they may have taken, being paragraph 4, article 83, chapter 3, civil code, and which was continued by the order of the secretary of justice of Puerto Rico, dated March 17, 1899, and promulgated by Major Gen- eral Guy V. Henry, United States Volunteers, is repealed and annulled, and all persons lawfully married in Puerto Rico shall have all the rights and remedies conferred by law upon parties to either civil or religious marriages. Paragraph 1, article 105, section 4, divorce, civil code, and paragraph 2, section 19, of the order of the min- ister of justice of Puerto Rico, dated March 17, 1899, and promulgated by Major General Guy V. Henry, United States Volunteers, are so amend- ed as to read: ‘‘Adultery on the part of either the husband or the wife.’’ (Apr. 12, 1900, ch. 191, § 8, 31 Stat. 79; May 17, 1932, ch. 190, 47 Stat. 158.) Editorial Notes CODIFICATION Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ pursuant to act May 17, 1932, which is classified to sec- tion 731a of this title. § 737. Privileges and immunities The rights, privileges, and immunities of citi- zens of the United States shall be respected in Puerto Rico to the same extent as though Puer- to Rico were a State of the Union and subject to the provisions of paragraph 1 of section 2 of arti- cle IV of the Constitution of the United States. (Mar. 2, 1917, ch. 145, § 2, 39 Stat. 951; Feb. 3, 1921, ch. 34, § 1, 41 Stat. 1096; Mar. 2, 1934, ch. 37, § 1, 48 Stat. 361; Aug. 5, 1947, ch. 490, § 7, 61 Stat. 772; July 3, 1950, ch. 446, § 5(1), 64 Stat. 320.) Editorial Notes AMENDMENTS 1950—Act July 3, 1950, repealed all of section relating to bill of rights and restrictions except last paragraph. 1947—Act Aug. 5, 1947, inserted privileges and immu- nities provisions. Page 60 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 738 1934—Act Mar. 2, 1934, repealed so much of former provisions of twentieth paragraph of this section mak- ing it unlawful to import, manufacture, sell or give away, or to expose for sale or gift any intoxicating liq- uors. The penalty formerly contained in such para- graph, related only to violation of such provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1950 AMENDMENT Amendment by act July 3, 1950, effective July 25, 1952, the date the Constitution of Puerto Rico became effec- tive, see Effective Date of Repeal note set out under section 732 of this title. § 738. Free interchange of merchandise with United States All merchandise and articles coming into the United States from Puerto Rico and coming into Puerto Rico from the United States shall be en- tered at the several ports of entry free of duty and in no event shall any tariff duties be col- lected on said merchandise or articles. (Apr. 12, 1900, ch. 191, § 3, 31 Stat. 77; May 17, 1932, ch. 190, 47 Stat. 158.) Editorial Notes CODIFICATION Act Apr. 12, 1900, § 3, as originally enacted, imposed tariff duties, amounting to 15 per centum of the duties on like articles imported from foreign countries, on all articles of merchandise coming into the United States from Porto Rico and vice versa. Merchandise and arti- cles except coffee, not dutiable under United States’ tariff laws, and merchandise or articles entered in Porto Rico free of duty under orders theretofore made by the Secretary of War, were to be admitted from the United States free of duty, all laws or parts of laws to the contrary, notwithstanding. However, all of the aforesaid tariff duties were to cease, and the provisions in the text were to become operative, whenever the local legislative assembly should put into operation a system of local taxation, and the President should make proclamation thereof. In no event were those du- ties to be collected after March 1, 1902. In accordance with the aforesaid provision President McKinley issued his proclamation July 25, 1901, 32 Stat. 1983. Section 3 also contained provisions relating to a tax on merchandise of Porto Rican manufacture equal to the internal-revenue tax imposed in the United States, and on merchandise of United States manufacture com- ing into Porto Rico, a tax equal to the internal-revenue tax imposed in Porto Rico upon like articles of Porto Rican manufacture which are contained in sections 7652 and 7653 of Title 26, Internal Revenue Code. Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ pursuant to act May 17, 1932, which is classified to sec- tion 731a of this title. § 739. Duties on foreign imports; books and pam- phlets in English language The same tariffs, customs, and duties shall be levied, collected, and paid upon all articles im- ported into Puerto Rico from ports other than those of the United States which are required by law to be collected upon articles imported into the United States from foreign countries. All books and pamphlets printed in the English lan- guage shall be admitted into Puerto Rico free of duty when imported from the United States. (Apr. 12, 1900, ch. 191, § 2, 31 Stat. 77; Aug. 5, 1909, ch. 6, § 1, 36 Stat. 71, 74; May 17, 1932, ch. 190, 47 Stat. 158.) Editorial Notes CODIFICATION Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. AMENDMENTS 1909—Act Aug. 5, 1909, placed coffee in the bean or ground, imported into Puerto Rico, formerly subject to a duty of 5 cents, on the duty free list. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ pursuant to act May 17, 1932, which is classified to sec- tion 731a of this title. § 740. Duties and taxes to constitute fund for ben- efit of Puerto Rico; ports of entry The duties and taxes collected in Puerto Rico in pursuance of the provisions of this Act, less the cost of collecting the same, and the gross amount of all collections of duties and taxes in the United States upon articles of merchandise coming from Puerto Rico, shall be paid into the treasury of Puerto Rico to be expended as re- quired by law for the government and benefit thereof, and the Secretary of the Treasury shall designate the several ports and subports of entry in Puerto Rico and shall make such rules and regulations and appoint such agents as may be necessary to collect the duties and taxes author- ized to be levied, collected, and paid in Puerto Rico by the provisions of this Act, and he shall fix the compensation and provide for the pay- ment thereof of all such officers, agents, and as- sistants as he may find it necessary to employ to carry out the provisions of law. (Apr. 12, 1900, ch. 191, § 4, 31 Stat. 78; May 17, 1932, ch. 190, 47 Stat. 158.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means act Apr. 12, 1900, ch. 191, 31 Stat. 77, popularly known as the Foraker Act, which, insofar as is classified to the Code, enacted sections 733, 736, 738 to 740, 743, 744, 755, 864, and 866 of this title and amended sections 1 and 11 of former Title 11, Bankruptcy. For complete classification of this Act to the Code, see Tables. CODIFICATION Additional provisions of act Apr. 12, 1900, § 4, direct- ing the payment of duties and taxes into a separate fund in the Treasury of the United States until the or- ganization of a local civil government, have been omit- ted. Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ pursuant to act May 17, 1932, which is classified to sec- tion 731a of this title.