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remain binding as long as this Compact, as amended, re-
mains in effect, and thereafter as mutually agreed, unless
earlier terminated by mutual agreement pursuant to section
441, or amended pursuant to Article III of Title Four. If
at any time the Government of the United States, or the
Government of the Republic of the Marshall Islands, acting
unilaterally, terminates this Title, such unilateral termi-
nation shall be considered to be termination of the entire
Compact, as amended, in which case the provisions of sec-
tion 442 and 452 (in the case of termination by the Govern-
ment of the United States) or sections 443 and 453 (in the
case of termination by the Government of the Republic of
the Marshall Islands), with the exception of paragraph (3)
of subsection (a) of section 452 or paragraph (3) of sub-
section (a) of section 453, as the case may be, shall apply.
(b) The Government of the United States recognizes,
in view of the special relationship between the Government
of the United States and the Government of the Republic
of the Marshall Islands, and in view of the existence of the
separate agreement regarding mutual security concluded
with the Government of the Republic of the Marshall Islands
pursuant to sections 321 and 323, that, even if this Title
should terminate, any attack on the Republic of the Mar-
shall Islands during the period in which such separate
agreement is in effect, would constitute a threat to the peace
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and security of the entire region and a danger to the United
States. In the event of such an attack, the Government of
the United States would take action to meet the danger to
the United States and to the Republic of the Marshall Is-
lands in accordance with its constitutional processes.
(c) As reflected in Article 21(1)(b) of the Trust Fund
Agreement, the Government of the United States and the
Government of the Republic of the Marshall Islands further
recognize, in view of the special relationship between their
countries, that even if this Title should terminate, the Gov-
ernment of Republic of the Marshall Islands shall refrain
from actions which the Government of the United States
determines, after appropriate consultation with that Gov-
ernment, to be incompatible with its authority and respon-
sibility for security and defense matters in or relating to
the Republic of the Marshall Islands or the Federated States
of Micronesia.
TITLE FOUR
GENERAL PROVISIONS
Article I
Approval and Effective Date
Section 411
Pursuant to section 432 of the Compact and subject
to subsection (e) of section 461 of the Compact, as amended,
the Compact, as amended, shall come into effect upon mu-
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tual agreement between the Government of the United
States and the Government of the Republic of the Marshall
Islands subsequent to completion of the following:
(a) Approval by the Government of the Republic
of the Marshall Islands in accordance with its con-
stitutional processes.
(b) 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 shall confer
promptly at the request of the Government of the Republic
of the Marshall Islands and that Government shall confer
promptly at the request of the Government of the United
States on matters relating to the provisions of this Compact,
as amended, or of its related agreements.
Section 422
In the event the Government of the United States or
the Government of the Republic of the Marshall Islands,
after conferring pursuant to section 421, determines that
there is a dispute and gives written notice thereof, the two
Governments shall make a good faith effort to resolve the
dispute between themselves.
Section 423
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If a dispute between the Government of the United
States and the Government of the Republic of the Marshall
Islands cannot be resolved within 90 days of written notifi-
cation in the manner provided in section 422, either party
to the dispute may refer it to arbitration in accordance with
section 424.
Section 424
Should a dispute be referred to arbitration as provided
for in section 423, an Arbitration Board shall be established
for the purpose of hearing the dispute and rendering a deci-
sion which shall be binding upon the two parties to the dis-
pute unless the two parties mutually agree that the decision
shall be advisory. Arbitration shall occur according to the
following terms:
(a) An Arbitration Board shall consist of a
Chairman and two other members, each of whom
shall be a citizen of a party to the dispute. Each of
the two Governments that is a party to the dispute
shall appoint one member to the Arbitration Board.
If either party to the dispute does not fulfill the ap-
pointment 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
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maintain a standing list of 10 candidates. The par-
ties to the dispute shall jointly appoint a Chairman
within 15 days after selection of the other members of
the Arbitration Board. Failing agreement on a Chair-
man, the Chairman shall be chosen by lot from the
standing lists of the parties to the dispute within 5
days after such failure.
(b) Unless otherwise provided in this Compact,
as amended, or its related agreements, the Arbitration
Board shall have jurisdiction to hear and render its
final determination on all disputes arising exclusively
under Articles I, II, III, IV and V of Title One, Title
Two, Title Four, and their related agreements.
(c) Each member of the Arbitration Board shall
have one vote. Each decision of the Arbitration Board
shall be reached by majority vote.
(d) In determining any legal issue, the Arbitra-
tion Board may have reference to international law
and, in such reference, shall apply as guidelines the
provisions set forth in Article 38 of the Statute of the
International Court of Justice.
(e) The Arbitration Board shall adopt such rules
for its proceedings as it may deem appropriate and
necessary, but such rules shall not contravene the pro-
visions of this Compact, as amended. Unless the par-
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ties provide otherwise by mutual agreement, the Arbi-
tration 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 dis-
senting or individual opinions. Except as may be oth-
erwise decided by the Arbitration Board, one-half of
all costs of the arbitration shall be borne by the Gov-
ernment of the United States and the remainder shall
be borne by the Government of the Republic of the
Marshall Islands.
Article III
Amendment
Section 431
The provisions of this Compact, as amended, may be
further amended by mutual agreement of the Government
of the United States and the Government of the Republic
of the Marshall Islands, in accordance with their respective
constitutional processes.
Article IV
Termination
Section 441
This Compact, as amended, may be terminated by mu-
tual agreement of the Government of the Republic of the
Marshall Islands and the Government of the United States,
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in accordance with their respective constitutional processes.
Such mutual termination of this Compact, as amended,
shall be without prejudice to the continued application of
section 451 of this Compact, as amended, and the provisions
of the Compact, as amended, set forth therein.
Section 442
Subject to section 452, this Compact, as amended, may
be terminated by the Government of the United States in
accordance with its constitutional processes. Such termi-
nation shall be effective on the date specified in the notice
of termination by the Government of the United States but
not earlier than six months following delivery of such no-
tice. The time specified in the notice of termination may
be extended. Such termination of this Compact, as amended,
shall be without prejudice to the continued application of
section 452 of this Compact, as amended, and the provisions
of the Compact, as amended, set forth therein.
Section 443
This Compact, as amended, shall be terminated by the
Government of the Republic of the Marshall Islands, pursu-
ant to its constitutional processes, subject to section 453 if
the people represented by that Government vote in a plebi-
scite to terminate the Compact. The Government of the Re-
public of the Marshall Islands shall notify the Government
of the United States of its intention to call such a plebiscite,
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(a) ‘‘Trust Territory of the Pacific Islands’’
means the area established in the Trusteeship Agree-
ment consisting of the former administrative districts
of Kosrae, Yap, Ponape, the Marshall Islands and
Truk as described in Title One, Trust Territory Code,
section 1, in force on January 1, 1979. This term
does not include the area of Palau or the Northern
Mariana Islands.
(b) ‘‘Trusteeship Agreement’’ means the agree-
ment setting forth the terms of trusteeship for the
Trust Territory of the Pacific Islands, approved by
the Security Council of the United Nations April 2,
1947, and by the United States July 18, 1947, en-
tered into force July 18, 1947, 61 Stat. 3301, T.I.A.S.
1665, 8 U.N.T.S. 189.
(c) ‘‘The Republic of the Marshall Islands’’ and
‘‘the Federated States of Micronesia’’ are used in a
geographic sense and include the land and water
areas to the outer limits of the territorial sea and the
air space above such areas as now or hereafter recog-
nized by the Government of the United States.
(d) ‘‘Compact’’ means the Compact of Free Asso-
ciation Between the United States and the Federated
States of Micronesia and the Marshall Islands, that
was approved by the United States Congress in sec-
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tion 201 of Public Law 99–239 (Jan. 14, 1986) and
went into effect with respect to the Republic of the
Marshall Islands on October 21, 1986.
(e) ‘‘Compact, as amended’’ means the Compact
of Free Association Between the United States and
the Republic of the Marshall Islands, as amended. The
effective date of the Compact, as amended, shall be on
a date to be determined by the President of the United
States, and agreed to by the Government of the Re-
public of the Marshall Islands, following formal ap-
proval of the Compact, as amended, in accordance
with section 411 of this Compact, as amended.
(f) ‘‘Government of the Republic of the Marshall
Islands’’ means the Government established and orga-
nized by the Constitution of the Republic of the Mar-
shall Islands including all the political subdivisions
and entities comprising that Government.
(g) ‘‘Government of the Federated States of Mi-
cronesia’’ means the Government established and or-
ganized by the Constitution of the Federated States of
Micronesia including all the political subdivisions
and entities comprising that Government.
(h) The following terms shall be defined con-
sistent with the 1978 Edition of the Radio Regula-
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tions of the International Telecommunications as fol-
lows:
(1) ‘‘Radiocommunication’’ means tele-
communication by means of radio waves.
(2) ‘‘Station’’ means one or more transmit-
ters or receivers or a combination of transmitters
and receivers, including the accessory equipment,
necessary at one location for carrying on a
radiocommunication service, or the radio astron-
omy service.
(3) 
‘‘Broadcasting 
Service’’ 
means 
a
radiocommunication service in which the trans-
missions are intended for direct reception by the
general public. This service may include sound
transmissions, television transmissions or other
types of transmission.
(4) ‘‘Broadcasting Station’’ means a station
in the broadcasting service.
(5) ‘‘Assignment (of a radio frequency or
radio frequency channel)’’ means an authoriza-
tion given by an administration for a radio sta-
tion to use a radio frequency or radio frequency
channel under specified conditions.
(6) ‘‘Telecommunication’’ means any trans-
mission, emission or reception of signs, signals,
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writings, images and sounds or intelligence of
any nature by wire, radio, optical or other elec-
tromagnetic systems.
(i) ‘‘Military Areas and Facilities’’ means those
areas and facilities in the Republic of the Marshall
Islands reserved or acquired by the Government of the
Republic of the Marshall Islands for use by the Gov-
ernment of the United States, as set forth in the sepa-
rate agreements referred to in section 321.
(j) ‘‘Tariff Schedules of the United States’’
means the Tariff Schedules of the United States as
amended from time to time and as promulgated pur-
suant to United States law and includes the Tariff
Schedules of the United States Annotated (TSUSA),
as amended.
(k) ‘‘Vienna Convention on Diplomatic Rela-
tions’’ 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
(a) The Government of the United States and the Gov-
ernment of the Republic of the Marshall Islands previously
have concluded agreements, which shall remain in effect and
shall survive in accordance with their terms, as follows:
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(1) Agreement Between the Government of the
United States and the Government of the Marshall Is-
lands for the Implementation of Section 177 of the
Compact of Free Association;
(2) Agreement Between the Government of the
United States and the Government of the Marshall Is-
lands by Persons Displaced as a Result of the United
States Nuclear Testing Program in the Marshall Is-
lands;
(3) Agreement Between the Government of the
United States and the Government of the Marshall Is-
lands Regarding the Resettlement of Enjebi Island;
(4) Agreement Concluded Pursuant to Section
234 of the Compact; and
(5) Agreement Between the Government of the
United States and the Government of the Marshall Is-
lands Regarding Mutual Security Concluded Pursu-
ant to Sections 321 and 323 of the Compact of Free
Association.
(b) The Government of the United States and the Gov-
ernment of the Republic of the Marshall Islands shall con-
clude prior to the date of submission of this Compact to
the legislatures of the two countries, the following related
agreements which shall come into effect on the effective date