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any decision pursuant to this subsection, the views 
of the Government of the Republic of the Marshall 
Islands shall be sought and considered to the extent 
practicable. If the President grants such an exemp-
tion, to the extent practicable, a report with his rea-
sons for granting such exemption shall be given 
promptly to the Government of the Republic of the 
Marshall Islands. 
(f) The laws of the United States referred to in 
section 161(a)(3) shall apply to the activities of the 
Government of the United States under this Com-
pact, as amended, and its related agreements only to 
the extent provided for in this section. 
Section 162
The Government of the Republic of the Marshall Is-
lands may bring an action for judicial review of any ad-
ministrative agency action or any activity of the Govern-
ment of the United States pursuant to section 161(a) for 
enforcement of the obligations of the Government of the 
United States arising thereunder. The United States Dis-
trict Court for the District of Hawaii and the United 
States District Court for the District of Columbia shall 
have jurisdiction over such action or activity, and over ac-
tions brought under section 172(b) which relate to the ac-
tivities of the Government of the United States and its
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officers and employees, governed by section 161, provided 
that: 
(a) Such actions may only be civil actions for 
any appropriate civil relief other than punitive dam-
ages against the Government of the United States 
or, where required by law, its officers in their official 
capacity; no criminal actions may arise under this 
section. 
(b) Actions brought pursuant to this section 
may be initiated only by the Government of the Re-
public of the Marshall Islands. 
(c) Administrative agency actions arising under 
section 161 shall be reviewed pursuant to the stand-
ard of judicial review set forth in 5 U.S.C. 706. 
(d) The United States District Court for the 
District of Hawaii and the United States District 
Court for the District of Columbia shall have juris-
diction to issue all necessary processes, and the Gov-
ernment of the United States agrees to submit itself 
to the jurisdiction of the court; decisions of the 
United States District Court shall be reviewable in 
the United States Court of Appeals for the Ninth 
Circuit or the United States Court of Appeals for 
the District of Columbia, respectively, or in the
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United States Supreme Court as provided by the 
laws of the United States. 
(e) The judicial remedy provided for in this sec-
tion shall be the exclusive remedy for the judicial re-
view or enforcement of the obligations of the Gov-
ernment of the United States under this Article and 
actions brought under section 172(b), which relate 
to the activities of the Government of the United 
States and its officers and employees governed by 
section 161. 
(f) In actions pursuant to this section, the Gov-
ernment of the Republic of the Marshall Islands 
shall be treated as if it were a United States citizen. 
Section 163
(a) For the purpose of gathering data necessary to 
study the environmental effects of activities of the Govern-
ment of the United States subject to the requirements of 
this Article, the Government of the Republic of the Mar-
shall Islands shall be granted access to facilities operated 
by the Government of the United States in the Republic 
of the Marshall Islands, to the extent necessary for this 
purpose, except to the extent such access would unreason-
ably interfere with the exercise of the authority and re-
sponsibility of the Government of the United States under 
Title Three.
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(b) The Government of the United States, in turn, 
shall be granted access to the Republic of the Marshall 
Islands for the purpose of gathering data necessary to dis-
charge its obligations under this Article, except to the ex-
tent such access would unreasonably interfere with the ex-
ercise of the authority and responsibility of the Govern-
ment of the Republic of the Marshall Islands under Title 
One, and to the extent necessary for this purpose shall 
be granted access to documents and other information to 
the same extent similar access is provided the Government 
of the Republic of the Marshall Islands under the Freedom 
of Information Act, 5 U.S.C. 552. 
(c) The Government of the Republic of the Marshall 
Islands shall not impede efforts by the Government of the 
United States to comply with applicable standards and 
procedures. 
Article VII 
General Legal Provisions 
Section 171
Except as provided in this Compact, as amended, 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 ceased with re-
spect to the Marshall Islands on October 21, 1986, the 
date the Compact went into effect.
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Section 172
(a) Every citizen of the Republic of the Marshall Is-
lands who is not a resident of the United States shall enjoy 
the rights and remedies under the laws of the United 
States enjoyed by any non-resident alien. 
(b) The Government of the Republic of the Marshall 
Islands and every citizen of the Republic of the Marshall 
Islands shall be considered to be a ‘‘person’’ within the 
meaning of the Freedom of Information Act, 5 U.S.C. 
552, and of the judicial review provisions of the Adminis-
trative Procedure Act, 5 U.S.C. 701-706, except that only 
the Government of the Republic of the Marshall Islands 
may seek judicial review under the Administrative Proce-
dure Act or judicial enforcement under the Freedom of 
Information Act when such judicial review or enforcement 
relates to the activities of the Government of the United 
States governed by sections 161 and 162. 
Section 173
The Governments of the United States and the Re-
public of the Marshall Islands agree to adopt and enforce 
such measures, consistent with this Compact, as amended, 
and its related agreements, as may be necessary to protect 
the personnel, property, installations, services, programs 
and official archives and documents maintained by the 
Government of the United States in the Republic of the
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Marshall Islands pursuant to this Compact, as amended, 
and its related agreements and by the Government of the 
Republic of the Marshall Islands in the United States pur-
suant to this Compact, Compact, as amended, and its re-
lated agreements. 
Section 174
Except as otherwise provided in this Compact, as 
amended, and its related agreements: 
(a) The Government of the Republic of the 
Marshall Islands, and its agencies and officials, shall 
be immune from the jurisdiction of the courts of the 
United States, and the Government of the United 
States, and its agencies and officials, shall be im-
mune from the jurisdiction of the courts of the Re-
public of the Marshall Islands. 
(b) The Government of the United States ac-
cepts responsibility for and shall pay: 
(1) any unpaid money judgment rendered 
by the High Court of the Trust Territory of the 
Pacific Islands against the Government of the 
United States with regard to any cause of ac-
tion arising as a result of acts or omissions of 
the Government of the Trust Territory of the 
Pacific Islands or the Government of the 
United States prior to October 21, 1986;
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(2) any claim settled by the claimant and 
the Government of the Trust Territory of the 
Pacific Islands but not paid as of the October 
21, 1986; and 
(3) settlement of any administrative claim 
or of any action before a court of the Trust 
Territory of the Pacific Islands or the Govern-
ment of the United States, arising as a result 
of acts or omissions of the Government of the 
Trust Territory of the Pacific Islands or the 
Government of the United States. 
(c) Any claim not referred to in section 174(b) 
and arising from an act or omission of the Govern-
ment of the Trust Territory of the Pacific Islands or 
the Government of the United States prior to the ef-
fective date of the Compact shall be adjudicated in 
the same manner as a claim adjudicated according 
to section 174(d). In any claim against the Govern-
ment of the Trust Territory of the Pacific Islands, 
the Government of the United States shall stand in 
the place of the Government of the Trust Territory 
of the Pacific Islands. A judgment on any claim re-
ferred to in section 174(b) or this subsection, not 
otherwise satisfied by the Government of the United 
States, may be presented for certification to the
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United States Court of Appeals for the Federal Cir-
cuit, or its successor courts, which shall have juris-
diction therefore, notwithstanding the provisions of 
28 U.S.C. 1502, and which court’s decisions shall be 
reviewable as provided by the laws of the United 
States. The United States Court of Appeals for the 
Federal Circuit shall certify such judgment, and 
order payment thereof, unless it finds, after a hear-
ing, that such judgment is manifestly erroneous as 
to law or fact, or manifestly excessive. In either of 
such cases the United States Court of Appeals for 
the Federal Circuit shall have jurisdiction to modify 
such judgment. 
(d) The Government of the Republic of the 
Marshall Islands shall not be immune from the juris-
diction of the courts of the United States, and the 
Government of the United States shall not be im-
mune from the jurisdiction of the courts of the Re-
public of the Marshall Islands in any civil case in 
which an exception to foreign state immunity is set 
forth in the Foreign Sovereign Immunities Act (28 
U.S.C. 1602 et seq.) or its successor statutes. 
Section 175
(a) A separate agreement, which shall come into ef-
fect simultaneously with this Compact, as amended, and
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shall have the force of law, shall govern 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, as well 
as other law enforcement matters. In the United States, 
the laws of the United States governing international ex-
tradition, including 18 U.S.C. 3184, 3186, and 3188–95, 
shall be applicable to the extradition of fugitives under the 
separate agreement, and the laws of the United States 
governing the transfer of prisoners, including 18 U.S.C. 
4100–15, shall be applicable to the transfer of prisoners 
under the separate agreement; and 
(b) A separate agreement, which shall come into ef-
fect simultaneously with this Compact, as amended, and 
shall have the force of law, shall govern requirements re-
lating to labor recruitment practices, including registra-
tion, reporting, suspension or revocation of authorization 
to recruit persons for employment in the United States, 
and enforcement for violations of such requirements. 
Section 176
The Government of the Republic of the Marshall Is-
lands confirms that final judgments in civil cases rendered 
by any court of the Trust Territory of the Pacific Islands 
shall continue in full force and effect, subject to the con-
stitutional power of the courts of the Republic of the Mar-
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shall Islands to grant relief from judgments in appropriate 
cases. 
Section 177
Section 177 of the Compact entered into force with 
respect to the Marshall Islands on October 21, 1986 as 
follows: 
‘‘(a) The Government of the United States ac-
cepts the responsibility for compensation owing to 
citizens of the Marshall Islands, or the Federated 
States of Micronesia, (or Palau) for loss or damage 
to property and person of the citizens of the Mar-
shall Islands, or the Federated States of Micronesia, 
resulting from the nuclear testing program which 
the Government of the United States conducted in 
the Northern Marshall Islands between June 30, 
1946, and August 18, 1958. 
(b) The Government of the United States and 
the Government of the Marshall Islands shall set 
forth in a separate agreement provisions for the just 
and adequate settlement of all such claims which 
have arisen in regard to the Marshall Islands and its 
citizens and which have not as yet been compensated 
or which in the future may arise, for the continued 
administration by the Government of the United 
States of direct radiation related medical surveil-
219
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lance and treatment programs and radiological mon-
itoring activities and for such additional programs 
and activities as may be mutually agreed, and for 
the assumption by the Government of the Marshall 
Islands of responsibility for enforcement of limita-
tions on the utilization of affected areas developed in 
cooperation with the Government of the United 
States and for the assistance by the Government of 
the United States in the exercise of such responsi-
bility as may be mutually agreed. This separate 
agreement shall come into effect simultaneously with 
this Compact and shall remain in effect in accord-
ance with its own terms. 
(c) The Government of the United States shall 
provide to the Government of the Marshall Islands, 
on a grant basis, the amount of $150 million to be 
paid and distributed in accordance with the separate 
agreement referred to in this Section, and shall pro-
vide the services and programs set forth in this sep-
arate agreement, the language of which is incor-
porated into this Compact.’’
The Compact, as amended, makes no changes to, and has 
no effect upon, Section 177 of the Compact, nor does the 
Compact, as amended, change or affect the separate 
agreement referred to in Section 177 of the Compact in-
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cluding Articles IX and X of that separate agreement, and 
measures taken by the parties thereunder. 
Section 178
(a) The Federal agencies of the Government of the 
United States that provide services and related programs 
in the Republic of the Marshall Islands pursuant to Title 
Two are authorized to settle and pay tort claims arising 
in the Republic of the Marshall Islands from the activities 
of such agencies or from the acts or omissions of the em-
ployees of such agencies. Except as provided in section 
178(b), the provisions of 28 U.S.C. 2672 and 31 U.S.C. 
1304 shall apply exclusively to such administrative settle-
ments and payments. 
(b) Claims under section 178(a) that cannot be set-
tled under section 178(a) shall be disposed of exclusively 
in accordance with Article II of Title Four. Arbitration 
awards rendered pursuant to this subsection shall be paid 
out of funds under 31 U.S.C. 1304. 
(c) The Government of the United States and the 
Government of the Republic of the Marshall Islands shall, 
in the separate agreement referred to in section 231, pro-
vide for: 
(1) the administrative settlement of claims re-
ferred to in section 178(a), including designation of 
local agents in each State of the Republic of the
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Marshall Islands; such agents to be empowered to 
accept, investigate and settle such claims, in a timely 
manner, as provided in such separate agreements; 
and 
(2) arbitration, referred to in section 178(b), in 
a timely manner, at a site convenient to the claim-
ant, in the event a claim is not otherwise settled 
pursuant to section 178(a). 
(d) The provisions of section 174(d) shall not apply 
to claims covered by this section. 
(e) Except as otherwise explicitly provided by law of 
the United States, this Compact, as amended, or its re-
lated agreements, neither the Government of the United 
States, its instrumentalities, nor any person acting on be-
half of the Government of the United States, shall be 
named a party in any action based on, or arising out of, 
the activity or activities of a recipient of any grant or other 
assistance provided by the Government of the United 
States (or the activity or activities of the recipient’s agen-
cy or any other person or entity acting on behalf of the 
recipient). 
Section 179
(a) The courts of the Republic of the Marshall Is-
lands shall not exercise criminal jurisdiction over the Gov-
ernment of the United States, or its instrumentalities.
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(b) The courts of the Republic of the Marshall Is-
lands shall not exercise criminal jurisdiction over any per-
son if the Government of the United States provides notifi-
cation to the Government of the Republic of the Marshall 
Islands that such person was acting on behalf of the Gov-
ernment of the United States, for actions taken in further-
ance of section 221 or 224 of this amended Compact, or 
any other provision of law authorizing financial, program, 
or service assistance to the Republic of the Marshall Is-
lands. 
TITLE TWO 
ECONOMIC RELATIONS 
Article I 
Grant Assistance 
Section 211 - Annual Grant Assistance 
(a) In order to assist the Government of the Republic 
of the Marshall Islands in its efforts to promote the eco-
nomic advancement and budgetary self-reliance of its peo-
ple, and in recognition of the special relationship that ex-
ists between the Republic of the Marshall Islands and the 
United States, the Government of the United States shall 
provide assistance on a grant basis for a period of twenty 
years in the amounts set forth in section 217, commencing 
on the effective date of this Compact, as amended. Such 
grants shall be used for assistance in education, health
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HJ 63 PCS 
care, the environment, public sector capacity building, and 
private sector development, or for other areas as mutually 
agreed, with priorities in the education and health care 
sectors. Consistent with the medium-term budget and in-
vestment framework described in subsection (f) of this sec-
tion, the proposed division of this amount among the iden-
tified areas shall require the concurrence of both the Gov-
ernment of the United States and the Government of the 
Republic of the Marshall Islands, through the Joint Eco-
nomic Management and Financial Accountability Com-
mittee described in section 214. The Government of the 
United States shall disburse the grant assistance and 
monitor the use of such grant assistance in accordance 
with the provisions of this Article and an Agreement Con-
cerning Procedures for the Implementation of United 
States Economic Assistance Provided in the Compact, as 
Amended, of Free Association Between the Government 
of the United States of America and the Government of 
the Republic of the Marshall Islands (‘‘Fiscal Procedures 
Agreement’’) which shall come into effect simultaneously 
with this Compact, as amended. 
(1) EDUCATION.—United States grant assist-
ance shall be made available in accordance with the 
strategic framework described in subsection (f) of 
this section to support and improve the educational
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system of the Republic of the Marshall Islands and 
develop the human, financial, and material resources 
necessary for the Republic of the Marshall Islands to 
perform these services. Emphasis should be placed 
on advancing a quality basic education system. 
(2) HEALTH.—United States grant assistance 
shall be made available in accordance with the stra-
tegic framework described in subsection (f) of this 
section to support and improve the delivery of pre-
ventive, curative and environmental care and develop 
the human, financial, and material resources nec-
essary for the Republic of the Marshall Islands to 
perform these services. 
(3) PRIVATE SECTOR DEVELOPMENT.—United 
States grant assistance shall be made available in 
accordance with the strategic framework described 
in subsection (f) of this section to support the ef-
forts of the Republic of the Marshall Islands to at-
tract foreign investment and increase indigenous 
business activity by vitalizing the commercial envi-
ronment, ensuring fair and equitable application of 
the law, promoting adherence to core labor stand-
ards, maintaining progress toward privatization of 
state-owned and partially state-owned enterprises, 
and engaging in other reforms.
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(4) CAPACITY BUILDING IN THE PUBLIC SEC-
TOR.—United States grant assistance shall be made 
available in accordance with the strategic framework 
described in subsection (f) of this section to support 
the efforts of the Republic of the Marshall Islands 
to build effective, accountable and transparent na-
tional and local government and other public sector 
institutions and systems. 
(5) ENVIRONMENT.—United States grant as-
sistance shall be made available in accordance with 
the strategic framework described in subsection (f) 
of this section to increase environmental protection; 
establish and manage conservation areas; engage in 
environmental infrastructure planning, design con-
struction and operation; and to involve the citizens 
of the Republic of the Marshall Islands in the proc-
ess of conserving their country’s natural resources. 
(b) KWAJALEIN ATOLL.—
(1) Of the total grant assistance made available 
under subsection (a) of this section, the amount 
specified herein shall be allocated annually from fis-
cal year 2004 through fiscal year 2023 (and there-
after in accordance with the Agreement between the 
Government of the United States and the Govern-
ment of the Republic of the Marshall Islands Re-
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HJ 63 PCS 
garding Military Use and Operating Rights) to ad-
vance the objectives and specific priorities set forth 
in subsections (a) and (d) of this section and the 
Fiscal Procedures Agreement, to address the special 
needs of the community at Ebeye, Kwajalein Atoll 
and other Marshallese communities within Kwajalein 
Atoll. This United States grant assistance shall be 
made available, in accordance with the medium-term 
budget and investment framework described in sub-
section (f) of this section, to support and improve 
the infrastructure and delivery of services and de-
velop the human and material resources necessary 
for the Republic of the Marshall Islands to carry out 
its responsibility to maintain such infrastructure and 
deliver such services. The amount of this assistance 
shall be $3,100,000, with an inflation adjustment as 
provided in section 218, from fiscal year 2004 
through fiscal year 2013 and the fiscal year 2013 
level of funding, with an inflation adjustment as pro-
vided in section 218, will be increased by $2 million 
for fiscal year 2014. The fiscal year 2014 level of 
funding, with an inflation adjustment as provided in 
section 218, will be made available from fiscal year 
2015 through fiscal year 2023 (and thereafter as 
noted above).
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(2) The Government of the United States shall 
also provide to the Government of the Republic of 
the Marshall Islands, in conjunction with section 
321(a) of this Compact, as amended, an annual pay-
ment from fiscal year 2004 through fiscal year 2023 
(and thereafter in accordance with the Agreement 
between the Government of the United States and 
the Government of the Republic of the Marshall Is-
lands Regarding Military Use and Operating Rights) 
of $1.9 million. This grant assistance will be subject 
to the Fiscal Procedures Agreement and will be ad-
justed for inflation under section 218 and used to 
address the special needs of the community at 
Ebeye, Kwajalein Atoll and other Marshallese com-
munities within Kwajalein Atoll with emphasis on 
the Kwajalein landowners, as described in the Fiscal 
Procedures Agreement. 
(3) Of the total grant assistance made available 
under subsection (a) of this section, and in conjunc-
tion with section 321(a) of the Compact, as amend-
ed, $200,000, with an inflation adjustment as pro-
vided in section 218, shall be allocated annually 
from fiscal year 2004 through fiscal year 2023 (and 
thereafter as provided in the Agreement between the 
Government of the United States and the Govern-
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HJ 63 PCS 
ment of the Republic of the Marshall Islands Re-
garding Military Use and Operating Rights) for a 
grant to support increased participation of the Gov-
ernment of the Republic of the Marshall Islands En-
vironmental Protection Authority in the annual U.S. 
Army Kwajalein Atoll Environmental Standards 
Survey and to promote a greater Government of the 
Republic of the Marshall Islands capacity for inde-
pendent analysis of the Survey’s findings and con-
clusions. 
(c) HUMANITARIAN ASSISTANCE-REPUBLIC OF THE 
MARSHALL ISLANDS PROGRAM.—In recognition of the 
special development needs of the Republic of the Marshall 
Islands, the Government of the United States shall make 
available to the Government of the Republic of the Mar-
shall Islands, on its request and to be deducted from the 
grant amount made available under subsection (a) of this 
section, a Humanitarian Assistance - Republic of the Mar-
shall Islands (‘‘HARMI’’) Program with emphasis on 
health, education, and infrastructure (including transpor-
tation), projects and such other projects as mutually 
agreed. The terms and conditions of the HARMI shall be 
set forth in the Agreement Regarding the Military Use 
and Operating Rights of the Government of the United 
States in the Republic of the Marshall Islands Concluded
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HJ 63 PCS 
Pursuant to Sections 321 and 323 of the Compact of Free 
Association, as Amended, which shall come into effect si-
multaneously with the amendments to this Compact. 
(d) PUBLIC INFRASTRUCTURE.—
(1) Unless otherwise agreed, not less than 30 
percent and not more than 50 percent of U.S. an-
nual grant assistance provided under this section 
shall be made available in accordance with a list of 
specific projects included in the infrastructure im-
provement and maintenance plan prepared by the 
Government of the Republic of the Marshall Islands 
as part of the strategic framework described in sub-
section (f) of this section. 
(2) INFRASTRUCTURE MAINTENANCE FUND.—
Five percent of the annual public infrastructure 
grant made available under paragraph (1) of this 
subsection shall be set aside, with an equal contribu-
tion from the Government of the Republic of the 
Marshall Islands, as a contribution to an Infrastruc-
ture Maintenance Fund. Administration of the In-
frastructure Maintenance Fund shall be governed by 
the Fiscal Procedures Agreement. 
(e) DISASTER ASSISTANCE EMERGENCY FUND.—Of 
the total grant assistance made available under subsection 
(a) of this section, an amount of two hundred thousand
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dollars ($200,000) shall be provided annually, with an 
equal contribution from the Government of the Republic 
of the Marshall Islands, as a contribution to a Disaster 
Assistance Emergency Fund (‘‘DAEF’’). Any funds from 
the DAEF may be used only for assistance and rehabilita-
tion resulting from disasters and emergencies. The funds 
will be accessed upon declaration of a State of Emergency 
by the Government of the Republic of the Marshall Is-
lands, with the concurrence of the United States Chief of 
Mission to the Republic of the Marshall Islands. Adminis-
tration of the DAEF shall be governed by the Fiscal Pro-
cedures Agreement. 
(f) BUDGET AND INVESTMENT FRAMEWORK.—The 
Government of the Republic of the Marshall Islands shall 
prepare and maintain an official medium-term budget and 
investment framework. The framework shall be strategic 
in nature, shall be continuously reviewed and updated 
through the annual budget process, and shall make projec-
tions on a multi-year rolling basis. Each of the sectors 
and areas named in subsections (a), (b), and (d) of this 
section, or other sectors and areas as mutually agreed, 
shall be accorded specific treatment in the framework. 
Those portions of the framework that contemplate the use 
of United States grant funds shall require the concurrence
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of both the Government of the United States and the Gov-
ernment of the Republic of the Marshall Islands. 
Section 212 - Kwajalein Impact and Use 
The Government of the United States shall provide 
to the Government of the Republic of the Marshall Islands 
in conjunction with section 321(a) of the Compact, as 
amended, and the agreement between the Government of 
the United States and the Government of the Republic of 
the Marshall Islands regarding military use and operating 
rights, a payment in fiscal year 2004 of $15,000,000, with 
no adjustment for inflation. In fiscal year 2005 and 
through fiscal year 2013, the annual payment will be the 
fiscal year 2004 amount ($15,000,000) with an inflation 
adjustment as provided under section 218. In fiscal year 
2014, the annual payment will be $18,000,000 (with no 
adjustment for inflation) or the fiscal year 2013 amount 
with an inflation adjustment under section 218, whichever 
is greater. For fiscal year 2015 through fiscal year 2023 
(and thereafter in accordance with the Agreement between 
the Government of the United States and the Government 
of the Republic of the Marshall Islands Regarding Military 
Use and Operating Rights) the annual payment will be 
the fiscal year 2014 amount, with an inflation adjustment 
as provided under section 218. 
Section 213 - Accountability
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HJ 63 PCS 
(a) Regulations and policies normally applicable to 
United States financial assistance to its state and local 
governments, as set forth in the Fiscal Procedures Agree-
ment, shall apply to each grant described in section 211, 
and to grants administered under section 221 below, ex-
cept as modified in the separate agreements referred to 
in section 231 of this Compact, as amended, or by U.S. 
law. As set forth in the Fiscal Procedures Agreement, rea-
sonable terms and conditions, including annual perform-
ance indicators that are necessary to ensure effective use 
of United States assistance and reasonable progress to-
ward achieving program objectives may be attached. In ad-
dition, the United States may seek appropriate remedies 
for noncompliance with the terms and conditions attached 
to the assistance, or for failure to comply with section 234, 
including withholding assistance. 
(b) The Government of the United States shall, for 
each fiscal year of the twenty years during which assist-
ance is to be provided on a sector grant basis under sec-
tion 211 (a), grant the Government of the Republic of the 
Marshall Islands an amount equal to the lesser of (i) one 
half of the reasonable, properly documented cost incurred 
during such fiscal year to conduct the annual audit re-
quired under Article VIII (2) of the Fiscal Procedures
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Agreement or (ii) $500,000. Such amount will not be ad-
justed for inflation under section 218 or otherwise. 
Section 214 - Joint Economic Management and Financial 
Accountability Committee 
The Governments of the United States and the Re-
public of the Marshall Islands shall establish a Joint Eco-
nomic Management and Financial Accountability Com-
mittee, composed of a U.S. chair, two other members from 
the Government of the United States and two members 
from the Government of the Republic of the Marshall Is-
lands. The Joint Economic Management and Financial 
Accountability Committee shall meet at least once each 
year to review the audits and reports required under this 
Title and the Fiscal Procedures Agreement, evaluate the 
progress made by the Republic of the Marshall Islands in 
meeting the objectives identified in its framework de-
scribed in subsection (f) of section 211, with particular 
focus on those parts of the framework dealing with the 
sectors and areas identified in subsection (a) of section 
211, identify problems encountered, and recommend ways 
to increase the effectiveness of U.S. assistance made avail-
able under this Title. The establishment and operations 
of the Joint Economic Management and Financial Ac-
countability Committee shall be governed by the Fiscal 
Procedures Agreement.
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Section 215 - Annual Report 
The Government of the Republic of the Marshall Is-
lands shall report annually to the President of the United 
States on the use of United States sector grant assistance 
and other assistance and progress in meeting mutually 
agreed program and economic goals. The Joint Economic 
Management and Financial Accountability Committee 
shall review and comment on the report and make appro-
priate recommendations based thereon. 
Section 216 - Trust Fund 
(a) The United States shall contribute annually for 
twenty years from the effective date of the Compact, as 
amended, in the amounts set forth in section 217 into a 
trust fund established in accordance with the Agreement 
Between the Government of the United States of America 
and the Government of the Republic of the Marshall Is-
lands Implementing Section 216 and Section 217 of the 
Compact, as Amended, Regarding a Trust Fund (‘‘Trust 
Fund Agreement’’), which shall come into effect simulta-
neously with this Compact, as amended. Upon termination 
of the annual grant assistance under section 211 (a), (d) 
and (e), the earnings of the fund shall thereafter be used 
for the purposes described in section 211 or as otherwise 
mutually agreed.
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(b) The United States contribution into the Trust 
Fund described in subsection (a) of this section is condi-
tioned on the Government of the Republic of the Marshall 
Islands contributing to the Trust Fund at least 
$25,000,000, on the effective date of the Trust Fund 
Agreement or on October 1, 2003, whichever is later, 
$2,500,000 prior to October 1, 2004, and $2,500,000 
prior to October 1, 2005. Any funds received by the Re-
public of the Marshall Islands under section 111(d) of 
Public Law 99–239 (January 14, 1986), or successor pro-
visions, would be contributed to the Trust Fund as a Re-
public of the Marshall Islands’ contribution. 
(c) The terms regarding the investment and manage-
ment of funds and use of the income of the Trust Fund 
shall be governed by the Trust Fund Agreement. Funds 
derived from United States investment shall not be subject 
to Federal or state taxes in the United States or any taxes 
in the Republic of the Marshall Islands. The Trust Fund 
Agreement shall also provide for annual reports to the 
Government of the United States and to the Government 
of the Republic of the Marshall Islands. The Trust Fund 
Agreement shall provide for appropriate distributions of 
trust fund proceeds to the Republic of the Marshall Is-
lands and for appropriate remedies for the failure of the 
Republic of the Marshall Islands to use income of the
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Trust Fund for the annual grant purposes set forth in 
section 211. These remedies may include the return to the 
United States of the present market value of its contribu-
tions to the Trust Fund and the present market value of 
any undistributed income on the contributions of the 
United States. If this Compact, as amended, is termi-
nated, the provisions of sections 451–453 of the Compact, 
as amended, and the Trust Fund Agreement shall govern 
treatment of any U.S. contributions to the Trust Fund 
or accrued income thereon. 
Section 217 - Annual Grant Funding and Trust Fund 
Contributions 
The funds described in sections 211, 212, 213(b), 
and 216 shall be made available as follows:
[In millions of dollars] 
Fiscal year 
Annual Grants 
Section 211
Audit Grant
Section 213(b) 
Trust Fund
Section 216 (a&c) 
Kwajalein Impact 
Section 212
Total 
2004 ...............
35.2 
.5 
15.0 
57.7
2005 ...............
34.7 
.5 
7.5 
15.0 
57.7
2006 ...............
34.2 
.5 
15.0 
57.7
2007 ...............
33.7 
.5 
8.5 
15.0 
57.7
2008 ...............
33.2 
.5 
15.0 
57.7
2009 ...............
32.7 
.5 
9.5 
15.0 
57.7
2010 ...............
32.2 
.5 
15.0 
57.7
2011 ...............
31.7 
.5 
10.5 
15.0 
57.7
2012 ...............
31.2 
.5 
15.0 
57.7
2013 ...............
30.7 
.5 
11.5 
15.0 
57.7
2014 ...............
32.2 
.5 
18.0 
62.7
2015 ...............
31.7 
.5 
12.5 
18.0 
62.7
2016 ...............
31.2 
.5 
18.0 
62.7
2017 ...............
30.7 
.5 
13.5 
18.0 
62.7
2018 ...............
30.2 
.5 
18.0 
62.7
2019 ...............
29.7 
.5 
14.5 
18.0 
62.7
2020 ...............
29.2 
.5 
18.0 
62.7
2021 ...............
28.7 
.5 
15.5 
18.0 
62.7
2022 ...............
28.2 
.5 
18.0 
62.7
2023 ...............
27.7 
.5 
16.5 
18.0 
62.7
Section 218 - Inflation Adjustment
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Except as otherwise provided, the amounts stated in 
this Title shall be adjusted for each United States Fiscal 
Year by the percent that equals two-thirds of the percent 
change in the United States Gross Domestic Product Im-
plicit Price Deflator, or 5 percent, whichever is less in any 
one year, using the beginning of Fiscal Year 2004 as a 
base. 
Section 219 - Carry-Over of Unused Funds 
If in any year the funds made available by the Gov-
ernment of the United States for that year pursuant to 
this Article are not completely obligated by the Govern-
ment of the Republic of the Marshall Islands, the unobli-
gated balances shall remain available in addition to the 
funds to be provided in subsequent years. 
Article II 
Services and Program Assistance 
Section 221
(a) SERVICES.—The Government of the United 
States shall make available to the Republic of the Marshall 
Islands, in accordance with and to the extent provided in 
the Federal Programs and Services Agreement referred to 
in Section 231, the services and related programs of: 
(1) the United States Weather Service; 
(2) the United States Postal Service;
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HJ 63 PCS 
(3) the United States Federal Aviation Admin-
istration; 
(4) the United States Department of Transpor-
tation; and 
(5) the Department of Homeland Security, and 
the United States Agency for International Develop-
ment, Office of Foreign Disaster Assistance. 
Upon the effective date of this Compact, as amended, the 
United States Departments and Agencies named or having 
responsibility to provide these services and related pro-
grams shall have the authority to implement the relevant 
provisions of the Federal Programs and Services Agree-
ment referred to in section 231. 
(b) PROGRAMS.—
(1) Other than the services and programs cov-
ered by subsection (a) of this section, and to the ex-
tent authorized by the Congress of the United 
States, the Government of the United States shall 
make available to the Republic of the Marshall Is-
lands the services and programs that were available 
to the Republic of the Marshall Islands on the effec-
tive date of this Compact, as amended, to the extent 
that such services and programs continue to be 
available to State and local governments of the 
United States. As set forth in the Fiscal Procedures
239
HJ 63 PCS 
Agreement, funds provided under subsection (a) of 
section 211 shall be considered to be local revenues 
of the Government of the Republic of the Marshall 
Islands when used as the local share required to ob-
tain Federal programs and services. 
(2) Unless provided otherwise by U.S. law, the 
services and programs described in paragraph (1) of 
this subsection shall be extended in accordance with 
the terms of the Federal Programs and Services 
Agreement. 
(c) The Government of the United States shall have 
and exercise such authority as is necessary to carry out 
its responsibilities under this Title and the Federal Pro-
grams and Services Agreement, including the authority to 
monitor and administer all service and program assistance 
provided by the United States to the Republic of the Mar-
shall Islands. The Federal Programs and Services Agree-
ment shall also set forth the extent to which services and 
programs shall be provided to the Republic of the Marshall 
Islands. 
(d) Except as provided elsewhere in this Compact, as 
amended, under any separate agreement entered into 
under this Compact, as amended, or otherwise under U.S. 
law, all Federal domestic programs extended to or oper-
ating in the Republic of the Marshall Islands shall be sub-
240
HJ 63 PCS 
ject to all applicable criteria, standards, reporting require-
ments, auditing procedures, and other rules and regula-
tions applicable to such programs and services when oper-
ating in the United States. 
(e) The Government of the United States shall make 
available to the Republic of the Marshall Islands alternate 
energy development projects, studies, and conservation 
measures to the extent provided for the Freely Associated 
States in the laws of the United States. 
Section 222
The Government of the United States and the Gov-
ernment of the Republic of the Marshall Islands may agree 
from time to time to extend to the Republic of the Mar-
shall Islands additional United States grant assistance, 
services and programs, as provided under the laws of the 
United States. Unless inconsistent with such laws, or oth-
erwise specifically precluded by the Government of the 
United States at the time such additional grant assistance, 
services, or programs are extended, the Federal Programs 
and Services Agreement shall apply to any such assist-
ance, services or programs. 
Section 223
The Government of the Republic of the Marshall Is-
lands shall make available to the Government of the 
United States at no cost such land as may be necessary
241
HJ 63 PCS 
for the operations of the services and programs provided 
pursuant to this Article, and such facilities as are provided 
by the Government of the Republic of the Marshall Islands 
at no cost to the Government of the United States as of 
the effective date of this Compact, as amended, or as may 
be mutually agreed thereafter. 
Section 224
The Government of the Republic of the Marshall Is-
lands may request, from the time to time, technical assist-
ance from the Federal agencies and institutions of the 
Government of the United States, which are authorized 
to grant such technical assistance in accordance with its 
laws. If technical assistance is granted pursuant to such 
a request, the Government of the United States shall pro-
vide the technical assistance in a manner which gives pri-
ority consideration to the Republic of the Marshall Islands 
over other recipients not a part of the United States, its 
territories or possessions, and equivalent consideration to 
the Republic of the Marshall Islands with respect to other 
states in Free Association with the United States. Such 
assistance shall be made available on a reimbursable or 
non-reimbursable basis to the extent provided by United 
States law.
242
HJ 63 PCS 
Article III 
Administrative Provisions 
Section 231
The specific nature, extent and contractual arrange-
ments of the services and programs provided for in section 
221 of this Compact, as amended, as well as the legal sta-
tus of agencies of the Government of the United States, 
their civilian employees and contractors, and the depend-
ents of such personnel while present in the Republic of 
the Marshall Islands, and other arrangements in connec-
tion with the assistance, services, or programs furnished 
by the Government of the United States, are set forth in 
a Federal Programs and Services Agreement which shall 
come into effect simultaneously with this Compact, as 
amended. 
Section 232
The Government of the United States, in consultation 
with the Government of the Republic of the Marshall Is-
lands, shall determine and implement procedures for the 
periodic audit of all grants and other assistance made 
under Article I of this Title and of all funds expended for 
the services and programs provided under Article II of this 
Title. Further, in accordance with the Fiscal Procedures 
Agreement described in subsection (a) of section 211, the 
Comptroller General of the United States shall have such
243
HJ 63 PCS 
powers and authorities as described in sections 103(m) 
and 110(c) of Public Law 99–239, 99 Stat. 1777–78, and 
99 Stat. 1799 (January 14, 1986). 
Section 233
Approval of this Compact, as amended, by the Gov-
ernment of the United States, in accordance with its con-
stitutional processes, shall constitute a pledge by the 
United States that the sums and amounts specified as 
grants in section 211 of this Compact, as amended, shall 
be appropriated and paid to the Republic of the Marshall 
Islands for such period as those provisions of this Com-
pact, as amended, remain in force, provided that the Re-
public of the Marshall Islands complies with the terms and 
conditions of this Title and related subsidiary agreements. 
Section 234
The Government of the Republic of the Marshall Is-
lands pledges to cooperate with, permit, and assist if rea-
sonably requested, designated and authorized representa-
tives of the Government of the United States charged with 
investigating whether Compact funds, or any other assist-
ance authorized under this Compact, as amended, have, 
or are being, used for purposes other than those set forth 
in this Compact, as amended, or its subsidiary agree-
ments. In carrying out this investigative authority, such 
United States Government representatives may request
244
HJ 63 PCS 
that the Government of the Republic of the Marshall Is-
lands subpoena documents and records and compel testi-
mony in accordance with the laws and Constitution of the 
Republic of the Marshall Islands. Such assistance by the 
Government of the Republic of the Marshall Islands to the 
Government of the United States shall not be unreason-
ably withheld. The obligation of the Government of the 
Marshall Islands to fulfill its pledge herein is a condition 
to its receiving payment of such funds or other assistance 
authorized under this Compact, as amended. The Govern-
ment of the United States shall pay any reasonable costs 
for extraordinary services executed by the Government of 
the Marshall Islands in carrying out the provisions of this 
section. 
Article IV 
Trade 
Section 241
The Republic of the Marshall Islands is not included 
in the customs territory of the United States. 
Section 242
The President shall proclaim the following tariff 
treatment for articles imported from the Republic of the 
Marshall Islands which shall apply during the period of 
effectiveness of this title:
245
HJ 63 PCS 
(a) Unless otherwise excluded, articles imported 
from the Republic of the Marshall Islands, subject to 
the limitations imposed under section 503(b) of title 
V of the Trade Act of 1974 (19 U.S.C. 2463(b)), 
shall be exempt from duty. 
(b) Only tuna in airtight containers provided 
for in heading 1604.14.22 of the Harmonized Tariff 
Schedule of the United States that is imported from 
the Republic of the Marshall Islands and the Fed-
erated States of Micronesia during any calendar 
year not to exceed 10 percent of apparent United 
States consumption of tuna in airtight containers 
during the immediately preceding calendar year, as 
reported by the National Marine Fisheries Service, 
shall be exempt from duty; but the quantity of tuna 
given duty-free treatment under this paragraph for 
any calendar year shall be counted against the ag-
gregated quantity of tuna in airtight containers that 
is dutiable under rate column numbered 1 of such 
heading 1604.14.22 for that calendar year. 
(c) The duty-free treatment provided under 
subsection (a) shall not apply to: 
(1) watches, clocks, and timing apparatus 
provided for in Chapter 91, excluding heading
246
HJ 63 PCS 
9113, of the Harmonized Tariff Schedule of the 
United States; 
(2) buttons (whether finished or not fin-
ished) provided for in items 9606.21.40 and 
9606.29.20 of such Schedule; 
(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 in-
cluded with respect to an eligible article which is a 
product of the Republic of the Marshall Islands, an 
amount not to exceed 15 percent of the appraised 
value of the article at the time it is entered that is 
attributable to such United States cost or value may 
be applied for duty assessment purposes toward de-
termining the percentage referred to in section 
503(a)(2) of title V of the Trade Act of 1974. 
Section 243
247
HJ 63 PCS 
Articles imported from the Republic of the Marshall 
Islands which are not exempt from duty under subsections 
(a), (b), (c), and 
(d) of section 242 shall be subject to the rates of duty 
set forth in column numbered 1-general of the Har-
monized Tariff Schedule of the United States (HTSUS). 
Section 244
(a) All products of the United States imported into 
the Republic of the Marshall Islands shall receive treat-
ment no less favorable than that accorded like products 
of any foreign country with respect to customs duties or 
charges of a similar nature and with respect to laws and 
regulations relating to importation, exportation, taxation, 
sale, distribution, storage or use. 
(b) The provisions of subsection (a) shall not apply 
to advantages accorded by the Republic of the Marshall 
Islands by virtue of their full membership in the Pacific 
Island Countries Trade Agreement (PICTA), done on Au-
gust, 18, 2001, to those governments listed in Article 26 
of PICTA, as of the date the Compact, as amended, is 
signed. 
(c) Prior to entering into consultations on, or con-
cluding, a free trade agreement with governments not list-
ed in Article 26 of PICTA, the Republic of the Marshall 
Islands shall consult with the United States regarding
248
HJ 63 PCS 
whether or how subsection (a) of section 244 shall be ap-
plied. 
Article V 
Finance and Taxation 
Section 251
The currency of the United States is the official cir-
culating legal tender of the Republic of the Marshall Is-
lands. Should the Government of the Republic of the Mar-
shall Islands act to institute another currency, the terms 
of an appropriate currency transitional period shall be as 
agreed with the Government of the United States. 
Section 252
The Government of the Republic of the Marshall Is-
lands may, with respect to United States persons, tax in-
come derived from sources within its respective jurisdic-
tion, property situated therein, including transfers of such 
property by gift or at death, and products consumed there-
in, in such manner as the Government of the Republic of 
the Marshall Islands deems appropriate. The determina-
tion of the source of any income, or the situs of any prop-
erty, shall for purposes of this Compact, as amended, be 
made according to the United States Internal Revenue 
Code. 
Section 253
249
HJ 63 PCS 
A citizen of the Republic of the Marshall Islands, 
domiciled therein, shall be exempt from estate, gift, and 
generation-skipping transfer taxes imposed by the Govern-
ment of the United States, provided that such citizen of 
the Republic of the Marshall Islands is neither a citizen 
nor a resident of the United States. 
Section 254
(a) In determining any income tax imposed by the 
Government of the Republic of the Marshall Islands, the 
Government of the Republic of the Marshall Islands shall 
have authority to impose tax upon income derived by a 
resident of the Republic of the Marshall Islands from 
sources without the Republic of the Marshall Islands, in 
the same manner and to the same extent as the Govern-
ment of the Republic of the Marshall Islands imposes tax 
upon income derived from within its own jurisdiction. If 
the Government of the Republic of the Marshall Islands 
exercises such authority as provided in this subsection, 
any individual resident of the Republic of the Marshall Is-
lands who is subject to tax by the Government of the 
United States on income which is also taxed by the Gov-
ernment of the Republic of the Marshall Islands 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
250
HJ 63 PCS 
such income. However, the relief from liability to the 
United States Government referred to in the preceding 
sentence means only 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 relief in the form of the exclusion under section 911 
of the Internal Revenue Code of 1986. For purposes of 
this section, the term ‘‘resident of the Republic of the 
Marshall Islands’’ shall be deemed to include any person 
who was physically present in the Republic of the Marshall 
Islands for a period of 183 or more days during any tax-
able year. 
(b) If the Government of the Republic of the Marshall 
Islands subjects income to taxation substantially similar 
to that which was imposed by the Trust Territory Code 
in effect on January 1, 1980, such Government shall be 
deemed to have exercised the authority described in sec-
tion 254(a). 
Section 255
For purposes of section 274(h)(3)(A) of the U.S. In-
ternal Revenue Code of 1986, the term ‘‘North American 
Area’’ shall include the Republic of the Marshall Islands.
251
HJ 63 PCS 
TITLE THREE 
SECURITY AND DEFENSE RELATIONS 
Article I 
Authority and Responsibility 
Section 311
(a) The Government of the United States has full au-
thority and responsibility for security and defense matters 
in or relating to the Republic of the Marshall Islands. 
(b) This authority and responsibility includes: 
(1) the obligation to defend the Republic of the 
Marshall Islands and its people from attack or 
threats thereof as the United States and its citizens 
are defended; 
(2) the option to foreclose access to or use of 
the Republic of the Marshall Islands by military per-
sonnel or for the military purposes of any third 
country; and 
(3) the option to establish and use military 
areas and facilities in the Republic of the Marshall 
Islands, subject to the terms of the separate agree-
ments referred to in sections 321 and 323. 
(c) The Government of the United States confirms 
that it shall act in accordance with the principles of inter-
national law and the Charter of the United Nations in the 
exercise of this authority and responsibility.
252
HJ 63 PCS 
Section 312
Subject to the terms of any agreements negotiated 
in accordance with sections 321 and 323, the Government 
of the United States may conduct within the lands, waters 
and airspace of the Republic of the Marshall Islands the 
activities and operations necessary for the exercise of its 
authority and responsibility under this Title. 
Section 313
(a) The Government of the Republic of the Marshall 
Islands shall refrain from actions that the Government of 
the United States determines, after appropriate consulta-
tion with that Government, to be incompatible with its au-
thority and responsibility for security and defense matters 
in or relating to the Republic of the Marshall Islands. 
(b) The consultations referred to in this section shall 
be conducted expeditiously at senior levels of the two Gov-
ernments, and the subsequent determination by the Gov-
ernment of the United States referred to in this section 
shall be made only at senior interagency levels of the Gov-
ernment of the United States. 
(c) The Government of the Republic of the Marshall 
Islands shall be afforded, on an expeditious basis, an op-
portunity to raise its concerns with the United States Sec-
retary of State personally and the United States Secretary
253
HJ 63 PCS 
of Defense personally regarding any determination made 
in accordance with this section. 
Section 314
(a) Unless otherwise agreed, the Government of the 
United States shall not, in the Republic of the Marshall 
Islands: 
(1) test by detonation or dispose of any nuclear 
weapon, nor test, dispose of, or discharge any toxic 
chemical or biological weapon; or 
(2) test, dispose of, or discharge any other ra-
dioactive, toxic chemical or biological materials in an 
amount or manner that would be hazardous to pub-
lic health or safety. 
(b) Unless otherwise agreed, other than for transit 
or overflight purposes or during time of a national emer-
gency declared by the President of the United States, a 
state of war declared by the Congress of the United States 
or as necessary to defend against an actual or impending 
armed attack on the United States, the Republic of the 
Marshall Islands or the Federated States of Micronesia, 
the Government of the United States shall not store in 
the Republic of the Marshall Islands or the Federated 
States of Micronesia any toxic chemical weapon, nor any 
radioactive materials nor any toxic chemical materials in-
tended for weapons use.
254
HJ 63 PCS 
(c) Radioactive, toxic chemical, or biological materials 
not intended for weapons use shall not be affected by sec-
tion 314(b). 
(d) No material or substance referred to in this sec-
tion shall be stored in the Republic of the Marshall Islands 
except in an amount and manner which would not be haz-
ardous to public health or safety. In determining what 
shall be an amount or manner which would be hazardous 
to public health or safety under this section, the Govern-
ment of the United States shall comply with any applicable 
mutual agreement, international guidelines accepted by 
the Government of the United States, and the laws of the 
United States and their implementing regulations. 
(e) Any exercise of the exemption authority set forth 
in section 161(e) shall have no effect on the obligations 
of the Government of the United States under this section 
or on the application of this subsection. 
(f) The provisions of this section shall apply in the 
areas in which the Government of the Republic of the Mar-
shall Islands exercises jurisdiction over the living resources 
of the seabed, subsoil or water column adjacent to its 
coasts. 
Section 315
The Government of the United States may invite 
members of the armed forces of other countries to use
255
HJ 63 PCS 
military areas and facilities in the Republic of the Mar-
shall Islands, in conjunction with and under the control 
of United States Armed Forces. Use by units of the armed 
forces of other countries of such military areas and facili-
ties, other than for transit and overflight purposes, shall 
be subject to consultation with and, in the case of major 
units, approval of the Government of the Republic of the 
Marshall Islands. 
Section 316
The authority and responsibility of the Government 
of the United States under this Title may not be trans-
ferred or otherwise assigned. 
Article II 
Defense Facilities and Operating Rights 
Section 321
(a) Specific arrangements for the establishment and 
use by the Government of the United States of military 
areas and facilities in the Republic of the Marshall Islands 
are set forth in separate agreements, which shall remain 
in effect in accordance with the terms of such agreements. 
(b) If, in the exercise of its authority and responsi-
bility under this Title, the Government of the United 
States requires the use of areas within the Republic of 
the Marshall Islands in addition to those for which specific 
arrangements are concluded pursuant to section 321(a),
256
HJ 63 PCS 
it may request the Government of the Republic of the Mar-
shall Islands to satisfy those requirements through leases 
or other arrangements. The Government of the Republic 
of the Marshall Islands shall sympathetically consider any 
such request and shall establish suitable procedures to dis-
cuss it with and provide a prompt response to the Govern-
ment of the United States. 
(c) The Government of the United States recognizes 
and respects the scarcity and special importance of land 
in the Republic of the Marshall Islands. In making any 
requests pursuant to section 321(b), the Government of 
the United States shall follow the policy of requesting the 
minimum area necessary to accomplish the required secu-
rity and defense purpose, of requesting only the minimum 
interest in real property necessary to support such pur-
pose, and of requesting first to satisfy its requirement 
through public real property, where available, rather than 
through private real property. 
Section 322
The Government of the United States shall provide 
and maintain fixed and floating aids to navigation in the 
Republic of the Marshall Islands at least to the extent nec-
essary for the exercise of its authority and responsibility 
under this Title. 
Section 323
257
HJ 63 PCS 
The military operating rights of the Government of 
the United States and the legal status and contractual ar-
rangements of the United States Armed Forces, their 
members, and associated civilians, while present in the Re-
public of the Marshall Islands are set forth in separate 
agreements, which shall remain in effect in accordance 
with the terms of such agreements. 
Article III 
Defense Treaties and International Security Agreements 
Section 331
Subject to the terms of this Compact, as amended, 
and its related agreements, the Government of the United 
States, exclusively, has assumed and enjoys, as to the Re-
public of the Marshall Islands, all obligations, responsibil-
ities, rights and benefits of: 
(a) Any defense treaty or other international se-
curity agreement applied by the Government of the 
United States as Administering Authority of the 
Trust Territory of the Pacific Islands as of October 
20, 1986. 
(b) Any defense treaty or other international se-
curity agreement to which the Government of the 
United States is or may become a party which it de-
termines to be applicable in the Republic of the Mar-
shall Islands. Such a determination by the Govern-
258
HJ 63 PCS 
ment of the United States shall be preceded by ap-
propriate consultation with the Government of the 
Republic of the Marshall Islands. 
Article IV 
Service in Armed Forces of the United States 
Section 341
Any person entitled to the privileges set forth in Sec-
tion 141 (with the exception of any person described in 
section 141(a)(5) who is not a citizen of the Republic of 
the Marshall Islands) shall be eligible to volunteer for serv-
ice in the Armed Forces of the United States, but shall 
not be subject to involuntary induction into military serv-
ice of the United States as long as such person has resided 
in the United States for a period of less than one year, 
provided that no time shall count towards this one year 
while a person admitted to the United States under the 
Compact, or the Compact, as amended, is engaged in full-
time study in the United States. Any person described in 
section 141(a)(5) who is not a citizen of the Republic of 
the Marshall Islands shall be subject to United States laws 
relating to selective service. 
Section 342
The Government of the United States shall have en-
rolled, at any one time, at least one qualified student from 
the Republic of the Marshall Islands, as may be nominated
259
HJ 63 PCS 
by the Government of the Republic of the Marshall Is-
lands, in each of: 
(a) The United States Coast Guard Academy 
pursuant to 14 U.S.C. 195. 
(b) The United States Merchant Marine Acad-
emy pursuant to 46 U.S.C. 1295(b)(6), provided 
that the provisions of 46 U.S.C. 1295b(b)(6)(C) 
shall not apply to the enrollment of students pursu-
ant to section 342(b) of this Compact, as amended. 
Article V 
General Provisions 
Section 351
(a) The Government of the United States and the 
Government of the Republic of the Marshall Islands shall 
continue to maintain a Joint Committee empowered to 
consider disputes arising under the implementation of this 
Title and its related agreements. 
(b) The membership of the Joint Committee shall 
comprise selected senior officials of the two Governments. 
The senior United States military commander in the Pa-
cific area shall be the senior United States member of the 
Joint Committee. For the meetings of the Joint Com-
mittee, each of the two Governments may designate addi-
tional or alternate representatives as appropriate for the 
subject matter under consideration.
260
HJ 63 PCS 
(c) Unless otherwise mutually agreed, the Joint Com-
mittee shall meet annually at a time and place to be des-
ignated, after appropriate consultation, by the Govern-
ment of the United States. The Joint Committee also shall 
meet promptly upon request of either of its members. The 
Joint Committee shall follow such procedures, including 
the establishment of functional subcommittees, as the 
members may from time to time agree. Upon notification 
by the Government of the United States, the Joint Com-
mittee of the United States and the Republic of the Mar-
shall Islands shall meet promptly in a combined session 
with the Joint Committee established and maintained by 
the Government of the United States and the Government 
of the Federated States of Micronesia to consider matters 
within the jurisdiction of the two Joint Committees. 
(d) Unresolved issues in the Joint Committee shall 
be referred to the Governments for resolution, and the 
Government of the Republic of the Marshall Islands shall 
be afforded, on an expeditious basis, an opportunity to 
raise its concerns with the United States Secretary of De-
fense personally regarding any unresolved issue which 
threatens its continued association with the Government 
of the United States. 
Section 352
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In the exercise of its authority and responsibility 
under Title Three, the Government of the United States 
shall accord due respect to the authority and responsibility 
of the Government of the Republic of the Marshall Islands 
under Titles One, Two and Four and to the responsibility 
of the Government of the Republic of the Marshall Islands 
to assure the well-being of its people. 
Section 353
(a) The Government of the United States shall not 
include the Government of the Republic of the Marshall 
Islands as a named party to a formal declaration of war, 
without that Government’s consent. 
(b) Absent such consent, this Compact, as amended, 
is without prejudice, on the ground of belligerence or the 
existence of a state of war, to any claims for damages 
which are advanced by the citizens, nationals or Govern-
ment of the Republic of the Marshall Islands, which arise 
out of armed conflict subsequent to October 21, 1986, and 
which are: 
(5) petitions to the Government of the United 
States for redress; or 
(6) claims in any manner against the govern-
ment, citizens, nationals or entities of any third 
country.
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(c) Petitions under section 353(b)(1) shall be treated 
as if they were made by citizens of the United States. 
Section 354
(a) The Government of the United States and the 
Government of the Republic of the Marshall Islands are 
jointly committed to continue their security and defense 
relations, as set forth in this Title. Accordingly, it is the 
intention of the two countries that the provisions of this 
Title shall remain binding as long as this Compact, as 
amended, remains 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 termination shall be considered to be ter-
mination of the entire Compact, as amended, in which case 
the provisions of section 442 and 452 (in the case of ter-
mination by the Government of the United States) or sec-
tions 443 and 453 (in the case of termination by the Gov-
ernment of the Republic of the Marshall Islands), with the 
exception of paragraph (3) of subsection (a) of section 452 
or paragraph (3) of subsection (a) of section 453, as the 
case may be, shall apply.
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(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 con-
cluded with the Government of the Republic of the Mar-
shall Islands pursuant to sections 321 and 323, that, even 
if this Title should terminate, any attack on the Republic 
of the Marshall Islands during the period in which such 
separate agreement is in effect, would constitute a threat 
to the peace and security of the entire region and a danger 
to the United States. In the event of such an attack, the 
Government of the United States would take action to 
meet the danger to the United States and to the Republic 
of the Marshall Islands in accordance with its constitu-
tional 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 fur-
ther recognize, in view of the special relationship between 
their countries, that even if this Title should terminate, 
the Government of Republic of the Marshall Islands shall 
refrain from actions which the Government of the United 
States determines, after appropriate consultation with 
that Government, to be incompatible with its authority
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and responsibility 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 amend-
ed, the Compact, as amended, shall come into effect upon 
mutual agreement between the Government of the United 
States and the Government of the Republic of the Mar-
shall Islands subsequent to completion of the following: 
(a) Approval by the Government of the Repub-
lic of the Marshall Islands in accordance with its 
constitutional processes. 
(b) Approval by the Government of the United 
States in accordance with its constitutional proc-
esses. 
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
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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 Com-
pact, 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
If a dispute between the Government of the United 
States and the Government of the Republic of the Mar-
shall Islands 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 accord-
ance 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 ren-
dering a decision which shall be binding upon the two par-
ties to the dispute unless the two parties mutually agree
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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 pursu-
ant to section 423, its member on the Arbitration 
Board shall be selected from its own standing list by 
the other party to the dispute. Each Government 
shall maintain a standing list of 10 candidates. The 
parties to the dispute shall jointly appoint a Chair-
man within 15 days after selection of the other 
members of the Arbitration Board. Failing agree-
ment on a Chairman, the Chairman shall be chosen 
by lot from the standing lists of the parties to the 
dispute within 5 days after such failure. 
(b) Unless otherwise provided in this Compact, 
as amended, or its related agreements, the Arbitra-
tion Board shall have jurisdiction to hear and render 
its final determination on all disputes arising exclu-
sively under Articles I, II, III, IV and V of Title
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One, Title Two, Title Four, and their related agree-
ments. 
(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 provisions of this Compact, as amended. Unless 
the parties provide otherwise by mutual agreement, 
the Arbitration Board shall endeavor to render its 
decision within 30 days after the conclusion of argu-
ments. 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 re-
mainder shall be borne by the Government of the 
Republic of the Marshall Islands.
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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 respec-
tive constitutional processes. 
Article IV 
Termination 
Section 441
This Compact, as amended, may be terminated by 
mutual agreement of the Government of the Republic of 
the Marshall Islands and the Government of the United 
States, in accordance with their respective constitutional 
processes. Such mutual termination of this Compact, as 
amended, shall be without prejudice to the continued ap-
plication 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 termination shall be effective on the date specified
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in the notice of termination by the Government of the 
United States but not earlier than six months following 
delivery of such notice. The time specified in the notice 
of termination may be extended. 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, 
pursuant to its constitutional processes, subject to section 
453 if the people represented by that Government vote in 
a plebiscite to terminate the Compact. The Government 
of the Republic of the Marshall Islands shall notify the 
Government of the United States of its intention to call 
such a plebiscite, which shall take place not earlier than 
three months after delivery of such notice. The plebiscite 
shall be administered by the Government of the Republic 
of the Marshall Islands in accordance with its constitu-
tional and legislative processes, but the Government of the 
United States may send its own observers and invite ob-
servers from a mutually agreed party. If a majority of the 
valid ballots cast in the plebiscite favors termination, the 
Government of the Republic of the Marshall Islands shall,
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upon certification of the results of the plebiscite, give no-
tice of termination to the Government of the United 
States, such termination to be effective on the date speci-
fied in such notice but not earlier than three months fol-
lowing the date of delivery of such notice. The time speci-
fied in the notice of termination may be extended. 
Article V 
Survivability 
Section 451
(a) Should termination occur pursuant to section 
441, economic and other assistance by the Government of 
the United States shall continue only if and as mutually 
agreed by the Governments of the United States and the 
Republic of the Marshall Islands, and in accordance with 
the countries’ respective constitutional processes. 
(b) In view of the special relationship of the United 
States and the Republic of the Marshall Islands, as re-
flected in subsections (b) and (c) of section 354 of this 
Compact, as amended, and the separate agreement en-
tered into consistent with those subsections, if termination 
occurs pursuant to section 441 prior to the twentieth anni-
versary of the effective date of this Compact, as amended, 
the United States shall continue to make contributions to 
the Trust Fund described in section 216 of this Compact, 
as amended.
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scribed in section 216 of this Compact, as amended, in 
the manner described in those provisions and the Trust 
Fund Agreement. 
Section 453
(a) Should termination occur pursuant to section 443 
prior to the twentieth anniversary of the effective date of 
this Compact, as amended, the following provisions of this 
Compact, as amended, shall remain in full force and effect 
until the twentieth anniversary of the effective date of this 
Compact, as amended, and thereafter as mutually agreed: 
(1) Article VI and sections 172, 173, 176 and 
177 of Title One; 
(2) Sections 232 and 234 of Title Two; 
(3) Title Three; and 
(4) Articles II, III, V and VI of Title Four. 
(b) Upon receipt of notice of termination pursuant 
to section 443, the Government of the United States and 
the Government of the Republic of the Marshall Islands 
shall promptly consult with regard to their future relation-
ship. Except as provided in subsections (c) and (d) of this 
section, these consultations shall determine the level of 
economic and other assistance, if any, which the Govern-
ment of the United States shall provide to the Government 
of the Republic of the Marshall Islands for the period end-
ing on the twentieth anniversary of the effective date of
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this Compact, as amended, and for any period thereafter, 
if mutually agreed. 
(c) In view of the special relationship of the United 
States and the Republic of the Marshall Islands, as re-
flected in subsections 354(b) and (c) of this Compact, as 
amended, and the separate agreement regarding mutual 
security, and the Trust Fund Agreement, if termination 
occurs pursuant to section 443 prior to the twentieth anni-
versary of the effective date of this Compact, as amended, 
the United States shall continue to make contributions to 
the Trust Fund described in section 216 of this Compact, 
as amended. 
(d) In view of the special relationship of the United 
States and the Republic of the Marshall Islands, as re-
flected in subsections 354(b) and (c) of this Compact, as 
amended, and the separate agreement regarding mutual 
security, and the Trust Fund Agreement, if termination 
occurs pursuant to section 443 following the twentieth an-
niversary of the effective date of this Compact, as amend-
ed, the Republic of the Marshall Islands shall continue to 
be eligible to receive proceeds from the Trust Fund de-
scribed in section 216 of this Compact, as amended, in 
the manner described in those provisions and the Trust 
Fund Agreement. 
Section 454
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Notwithstanding any other provision of this Compact, 
as amended: 
(a) The Government of the United States reaf-
firms its continuing interest in promoting the eco-
nomic advancement and budgetary self-reliance of 
the people of the Republic of the Marshall Islands. 
(b) The separate agreements referred to in Ar-
ticle II of Title Three shall remain in effect in ac-
cordance with their terms. 
Article VI 
Definition of Terms 
Section 461
For the purpose of this Compact, as amended, only, 
and without prejudice to the views of the Government of 
the United States or the Government of the Republic of 
the Marshall Islands as to the nature and extent of the 
jurisdiction of either of them under international law, the 
following terms shall have the following meanings: 
(a) ‘‘Trust Territory of the Pacific Islands’’ 
means the area established in the Trusteeship 
Agreement consisting of the former administrative 
districts of Kosrae, Yap, Ponape, the Marshall Is-
lands and Truk as described in Title One, Trust 
Territory Code, section 1, in force on January 1,
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HJ 63 PCS 
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 
recognized by the Government of the United States. 
(d) ‘‘Compact’’ means the Compact of Free As-
sociation Between the United States and the Fed-
erated States of Micronesia and the Marshall Is-
lands, that was approved by the United States Con-
gress in section 201 of Public Law 99–239 (Jan. 14, 
1986) and went into effect with respect to the Re-
public of the Marshall Islands on October 21, 1986. 
(e) ‘‘Compact, as amended’’ means the Com-
pact of Free Association Between the United States 
and the Republic of the Marshall Islands, as amend-
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ed. 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 Govern-
ment of the Republic of the Marshall Islands, fol-
lowing formal approval of the Compact, as amended, 
in accordance with section 411 of this Compact, as 
amended. 
(f) ‘‘Government of the Republic of the Mar-
shall Islands’’ means the Government established 
and organized by the Constitution of the Republic of 
the Marshall Islands including all the political sub-
divisions 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-
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 transmit-
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HJ 63 PCS 
ters and receivers, including the accessory 
equipment, necessary at one location for car-
rying on a radiocommunication service, or the 
radio astronomy 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 sta-
tion 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 
transmission, emission or reception of signs, 
signals, writings, images and sounds or intel-
ligence of any nature by wire, radio, optical or 
other electromagnetic 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
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the Republic of the Marshall Islands for use by the 
Government of the United States, as set forth in the 
separate 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 
Government of the Republic of the Marshall Islands pre-
viously have concluded agreements, which shall remain in 
effect and shall survive in accordance with their terms, 
as follows: 
(1) Agreement Between the Government of the 
United States and the Government of the Marshall 
Islands for the Implementation of Section 177 of the 
Compact of Free Association; 
(2) Agreement Between the Government of the 
United States and the Government of the Marshall
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Islands by Persons Displaced as a Result of the 
United States Nuclear Testing Program in the Mar-
shall Islands; 
(3) Agreement Between the Government of the 
United States and the Government of the Marshall 
Islands Regarding the Resettlement of Enjebi Is-
land; 
(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 
Islands Regarding Mutual Security Concluded Pur-
suant to Sections 321 and 323 of the Compact of 
Free Association. 
(b) The Government of the United States and the 
Government of the Republic of the Marshall Islands shall 
conclude prior to the date of submission of this Compact 
to the legislatures of the two countries, the following re-
lated agreements which shall come into effect on the effec-
tive date of this Compact, as amended, and shall survive 
in accordance with their terms, as follows: 
(1) Federal Programs and Services Agreement 
Between the Government of the United States of 
America and the Government of the Republic of the 
Marshall Islands Concluded Pursuant to Article III
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of Title One, Article II of Title Two (including Sec-
tion 222), and Section 231 of the Compact of Free 
Association, as Amended, which include: 
(i) Postal Services and Related Programs; 
(ii) Weather Services and Related Pro-
grams; 
(iii) Civil Aviation Safety Service and Re-
lated Programs; 
(iv) Civil Aviation Economic Services and 
Related Programs; 
(v) United States Disaster Preparedness 
and Response Services and Related Programs; 
and 
(vi) Telecommunications Services and Re-
lated Programs. 
(2) Agreement Between the Government of the 
United States of America and the Government of 
the Republic of the Marshall Islands on Extradition, 
Mutual Assistance in Law Enforcement Matters and 
Penal Sanctions Concluded Pursuant to Section 175 
(a) of the Compact of Free Association, as Amend-
ed; 
(3) Agreement Between the Government of the 
United States of America and the Government of 
the Republic of the Marshall Islands on Labor Re-
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HJ 63 PCS 
cruitment Concluded Pursuant to Section 175 (b) of 
the Compact of Free Association, as Amended; 
(4) Agreement Concerning Procedures for the 
Implementation of United States Economic Assist-
ance Provided in the Compact, as Amended, of Free 
Association Between the Government of the United 
States of America and the Government of the Re-
public of the Marshall Islands; 
(5) Agreement Between the Government of the 
United States of America and the Government of 
the Republic of the Marshall Islands Implementing 
Section 216 and Section 217 of the Compact, as 
Amended, Regarding a Trust Fund; 
(6) Agreement Regarding the Military Use and 
Operating Rights of the Government of the United 
States in the Republic of the Marshall Islands Con-
cluded Pursuant to Sections 321 and 323 of the 
Compact of Free Association, as Amended; and, 
(7) Status of Forces Agreement Between the 
Government of the United States of America and 
the Government of the Republic of the Marshall Is-
lands Concluded Pursuant to Section 323 of the 
Compact of Free Association, as Amended. 
Section 463
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(a) Except as set forth in subsection (b) of this sec-
tion, any reference in this Compact, as amended, to a pro-
vision of the United States Code or the Statutes at Large 
of the United States constitutes the incorporation of the 
language of such provision into this Compact, as amended, 
as such provision was in force on the effective date of this 
Compact, as amended. 
(b) Any reference in Article IV and VI of Title One, 
and Sections 174, 175, 178 and 342 to a provision of the 
United States Code or the Statutes at Large of the United 
States or to the Privacy Act, the Freedom of Information 
Act, the Administrative Procedure Act or the Immigration 
and Nationality Act constitutes the incorporation of the 
language of such provision into this Compact, as amended, 
as such provision was in force on the effective date of this 
Compact, as amended, or as it may be amended thereafter 
on a non-discriminatory basis according to the constitu-
tional processes of the United States. 
Article VII 
Concluding Provisions 
Section 471
Both the Government of the United States and the 
Government of the Republic of the Marshall Islands shall 
take all necessary steps, of a general or particular char-
acter, to ensure, no later than the entry into force date