Legislación


US (United States) Code. Title 22. Chapter 15: The Republic of the Philippines


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22 USC CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

-HEAD-

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

-MISC1-

SUBCHAPTER I - LAWS AND OBLIGATIONS OF UNITED STATES

PART 1 - CUSTOMS DUTIES

Sec.

1251 to 1255. Omitted.

PART 2 - QUOTAS

1261 to 1266. Omitted.

PART 3 - INTERNAL TAXES

1271 to 1274. Omitted.

PART 4 - IMMIGRATION

1281, 1281a. Omitted or Repealed.

SUBCHAPTER II - OBLIGATIONS OF PHILIPPINES

PART 1 - PURPOSES

1291. Omitted.

PART 2 - CUSTOMS DUTIES

1301 to 1305. Omitted.

PART 3 - INTERNAL TAXES

1311 to 1313. Omitted.

PART 4 - IMMIGRATION

1321, 1322. Omitted.

PART 5 - GENERAL PROVISIONS

1331 to 1334. Omitted.

SUBCHAPTER III - EXECUTIVE AGREEMENT BETWEEN UNITED STATES AND

PHILIPPINES

1341 to 1348. Omitted.

SUBCHAPTER IV - GENERAL PROVISIONS RELATING TO TRADE RELATIONS

1351 to 1353. Omitted.

1354. Quotas on Philippine articles.

(a) to (c) Omitted.

(d) Investigations by International Trade

Commission.

1355. Suspension of processing tax on coconut oil.

1356. Termination of payments into Philippine treasury.

1357. Trade agreements with the Philippines.

1358. Rights of third countries.

1359. Omitted.

1360. Definitions.

SUBCHAPTER IV-A - TRADE RELATIONS UNDER REVISED AGREEMENT

1371, 1372. Omitted.

1373. Suspension of Philippine Trade Act of 1946.

1374 to 1379. Omitted.

SUBCHAPTER V - PROPERTY RETAINED BY THE UNITED STATES

1381. Retention by United States of title to real and

personal property.

1382. Administration of the Trading With the Enemy Act in

Philippines.

1383. Transfer of property by President of United States.

1384. Transfer of shares of corporations owning agricultural

lands; consideration; indemnification.

1385. Ownership of naval reservations, diplomatic property,

etc., unaffected.

1386. Definitions.

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

1391. Transfer of property and rights to Philippine

Commonwealth.

1392. Acquisition of military and naval bases by United

States.

1393. Supplementary sinking fund for bond payments; purchase

of bonds by United States; creation of special trust

account.

1394. Recognition of Philippine independence.

(a) Withdrawal of American sovereignty.

(b) Naval reservations and fueling stations.

(c) Property for diplomatic purposes.

1395. Definitions.

-End-

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22 USC SUBCHAPTER I - LAWS AND OBLIGATIONS OF UNITED

STATES 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER I - LAWS AND OBLIGATIONS OF UNITED STATES

-HEAD-

SUBCHAPTER I - LAWS AND OBLIGATIONS OF UNITED STATES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1356, 1360, 1373 of

this title; title 48 section 734.

-End-

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22 USC Part 1 - Customs Duties 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER I - LAWS AND OBLIGATIONS OF UNITED STATES

Part 1 - Customs Duties

-HEAD-

PART 1 - CUSTOMS DUTIES

-End-

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22 USC Secs. 1251 to 1255 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER I - LAWS AND OBLIGATIONS OF UNITED STATES

Part 1 - Customs Duties

-HEAD-

Secs. 1251 to 1255. Omitted

-COD-

CODIFICATION

Section 1251, act Apr. 30, 1946, ch. 244, title II, Sec. 201, 60

Stat. 143, provided for entry of Philippine articles into the

United States, between May 1, 1946 and July 3, 1954, free of

ordinary customs duty.

Section 1252, act Apr. 30, 1946, ch. 244, title II, Sec. 202, 60

Stat. 143. Subsec. (a), related to ordinary customs duties on

Philippine articles between July 4, 1954 and July 3, 1974. Subsec.

(b), which related to ordinary customs duties on Philippine

articles for the period after July 3, 1974, was omitted on

authority of former section 1345 of this title which nullified

subchapter I of this chapter upon the expiration of the revised

agreement between the United States and the Republic of the

Philippines which occurred on July 4, 1974.

Section 1253, act Apr. 30, 1946, ch. 244, title II, Sec. 203, 60

Stat. 144, related to customs duties on Philippines articles other

than ordinary customs duties. See note above for section 1252(b) of

this title.

Section 1254, act Apr. 30, 1946, ch. 244, title II, Sec. 204, 60

Stat. 144, related to equality in special import duties. See note

above for section 1252(b) of this title.

Section 1255, act Apr. 30, 1946, ch. 244, title II, Sec. 205, 60

Stat. 144, related to equality in duties for products of the

Philippines which did not come within the definition of Philippine

articles. See note above for section 1252(b) of this title.

-MISC1-

EXTENSION OF DUTY-FREE PERIOD UNTIL DECEMBER 31, 1955

Act July 5, 1954, ch. 459, 68 Stat. 448, provided that the

duty-free treatment of this section was to be applied in lieu of

section 1252(a)(1), (2) of this title for Philippine articles

entered or withdrawn from United States warehouses for consumption

during periods between July 3, 1954 and December 31, 1955 provided

the President declared by proclamation that such period was one in

which United States articles were admitted into the Philippines

free of ordinary customs duties.

-EXEC-

PROC. NO. 3060. EXTENSION OF THE PERIOD OF DUTY-FREE TREATMENT

Proc. No. 3060, July 10, 1954, 19 F.R. 4397, provided that United

States articles entered or withdrawn from warehouse in the

Philippines for consumption, during the period from July 4, 1954 to

December 31, 1955, be admitted into the Philippines free from

ordinary customs duty.

-End-

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22 USC Part 2 - Quotas 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER I - LAWS AND OBLIGATIONS OF UNITED STATES

Part 2 - Quotas

-HEAD-

PART 2 - QUOTAS

-End-

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22 USC Secs. 1261 to 1266 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER I - LAWS AND OBLIGATIONS OF UNITED STATES

Part 2 - Quotas

-HEAD-

Secs. 1261 to 1266. Omitted

-COD-

CODIFICATION

Section 1261, act Apr. 30, 1946, ch. 244, title II, Sec. 211, 60

Stat. 144, related to amount and allocation of quotas for refined

and unrefined Philippine sugar, between the period Jan. 1, 1946 and

July 3, 1974.

Section 1262, act Apr. 30, 1946, ch. 244, title II, Sec. 212, 60

Stat. 145, related to amount and allocation of quotas for

Philippine cordage, between the period Jan. 1, 1946 and July 3,

1974.

Section 1263, act Apr. 30, 1946, ch. 244, title II, Sec. 213, 60

Stat. 145, related to quota on Philippine rice, between the period

Jan. 1, 1946 and July 3, 1974.

Section 1264, act Apr. 30, 1946, ch. 244, title II, Sec. 214, 60

Stat. 146, related to duty-free quotas on cigars, scrap tobacco,

coconut oil and buttons of pearl or shell, between the period Jan.

1, 1946 and July 3, 1974.

Section 1265, act Apr. 30, 1946, ch. 244, title II, Sec. 215, 60

Stat. 147, which related to enactment of laws and regulations

necessary to put into effect allocations of quotas, was omitted on

authority of former section 1345 of this title which nullified

subchapter I of this chapter upon expiration of the revised

agreement between the United States and the Republic of the

Philippines which occurred on July 4, 1974.

Section 1266, act Apr. 30, 1946, ch. 244, title II, Sec. 216, 60

Stat. 147, related to transfers and assignments of quota

allotments. See note above for section 1265 of this title.

-End-

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22 USC Part 3 - Internal Taxes 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER I - LAWS AND OBLIGATIONS OF UNITED STATES

Part 3 - Internal Taxes

-HEAD-

PART 3 - INTERNAL TAXES

-End-

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22 USC Secs. 1271 to 1274 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER I - LAWS AND OBLIGATIONS OF UNITED STATES

Part 3 - Internal Taxes

-HEAD-

Secs. 1271 to 1274. Omitted

-COD-

CODIFICATION

Section 1271, act Apr. 30, 1946, ch. 244, title II, Sec. 221, 60

Stat. 147, which related to equality in internal taxes for

Philippine products coming into the United States, was omitted on

authority of former section 1345 of this title which nullified

subchapter I of this chapter upon expiration of the revised

agreement between the United States and the Republic of the

Philippines which occurred on July 4, 1974.

Section 1272, act Apr. 30, 1946, ch. 244, title II, Sec. 222, 60

Stat. 148, related to exemption from tax of manila fiber. See note

above for section 1271 of this title.

Section 1273, act Apr. 30, 1946, ch. 244, title II, Sec. 223, 60

Stat. 148, prohibited export taxes by the United States on articles

exported to the Philippines. See note above for section 1271 of

this title.

Section 1274, act Apr. 30, 1946, ch. 244, title II, Sec. 224, 60

Stat. 148, provided an exemption from taxes for articles for

official use of the Philippine Government. See note above for

section 1271 of this title.

-End-

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22 USC Part 4 - Immigration 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER I - LAWS AND OBLIGATIONS OF UNITED STATES

Part 4 - Immigration

-HEAD-

PART 4 - IMMIGRATION

-End-

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22 USC Sec. 1281 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER I - LAWS AND OBLIGATIONS OF UNITED STATES

Part 4 - Immigration

-HEAD-

Sec. 1281. Omitted

-COD-

CODIFICATION

Section, act Apr. 30, 1946, ch. 244, title II, Sec. 231, 60 Stat.

148, which provided that certain Philippine citizens be granted

non-quota status, was omitted on authority of former section 1345

of this title which nullified subchapter I of this chapter upon the

expiration of the revised agreement between the United States and

the Republic of the Philippines which occurred on July 4, 1974.

-MISC1-

PHILIPPINE TRADERS AS NONIMMIGRANTS

Philippine traders as classifiable as nonimmigrants, see section

1184a of Title 8, Aliens and Nationality.

-EXEC-

PROC. NO. 2696. IMMIGRATION QUOTA

Proc. No. 2696, July 4, 1946, 11 F.R. 7517, 60 Stat. 1353,

provided:

The annual quota for the Philippine Islands effective July 4,

1946, for the remainder of the fiscal year ending June 30, 1947,

and for each fiscal year thereafter, has been determined in

accordance with the law to be, and shall be, 100.

The immigration quota of 50 authorized by section 8(a)(1) of the

Act approved March 24, 1934, entitled "An Act to provide for the

complete independence of the Philippine Islands, to provide for the

adoption of a constitution and a form of government for the

Philippine Islands, and for other purposes" (48 Stat. 462; 53 Stat.

1230; section 1238 of Title 48, Territories and Insular

Possessions), which Act was accepted by concurrent resolution of

the Philippine Legislature on May 1, 1934, and which became

effective on that date, will become inoperative on July 4, 1946,

the date the Government of the United States recognizes the

independence of the Philippine Islands as a separate and

self-governing nation.

The immigration quota assigned to the Philippine Islands is

designed solely for purposes of compliance with the pertinent

provisions of the Immigration Act of 1924 [section 145 et seq. of

Title 8, Aliens and Nationality] and is not to be regarded as

having any significance extraneous to this subject.

-End-

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22 USC Sec. 1281a 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER I - LAWS AND OBLIGATIONS OF UNITED STATES

Part 4 - Immigration

-HEAD-

Sec. 1281a. Repealed. June 27, 1952, ch. 477, title IV, Sec.

403(a)(35), 666 Stat. 279

-MISC1-

Section, act Mar. 24, 1934, ch. 84, Sec. 14, 48 Stat. 464,

related to immigration after independence. See section 1151 et seq.

of Title 8, Aliens and Nationality.

-End-

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22 USC SUBCHAPTER II - OBLIGATIONS OF PHILIPPINES 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER II - OBLIGATIONS OF PHILIPPINES

-HEAD-

SUBCHAPTER II - OBLIGATIONS OF PHILIPPINES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1356, 1360, 1373 of

this title; title 48 section 734.

-End-

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22 USC Part 1 - Purposes 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER II - OBLIGATIONS OF PHILIPPINES

Part 1 - Purposes

-HEAD-

PART 1 - PURPOSES

-End-

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22 USC Sec. 1291 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER II - OBLIGATIONS OF PHILIPPINES

Part 1 - Purposes

-HEAD-

Sec. 1291. Omitted

-COD-

CODIFICATION

Section, act Apr. 30, 1946, ch. 244, title III, Sec. 301, 60

Stat. 148, which stated the purposes of this subchapter, was

omitted on authority of subsec. (b)(1) of this section which

provided that this subchapter be effective until the expiration of

the revised agreement between the United States and the Republic of

the Philippines which occurred on July 4, 1974.

-End-

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22 USC Part 2 - Customs Duties 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER II - OBLIGATIONS OF PHILIPPINES

Part 2 - Customs Duties

-HEAD-

PART 2 - CUSTOMS DUTIES

-End-

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22 USC Secs. 1301 to 1305 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER II - OBLIGATIONS OF PHILIPPINES

Part 2 - Customs Duties

-HEAD-

Secs. 1301 to 1305. Omitted

-COD-

CODIFICATION

Section 1301, act Apr. 30, 1946, ch. 244, title III, Sec. 311, 60

Stat. 149, provided for entry of United States articles into

Philippines, between May 1, 1946, and July 3, 1954, free of

ordinary customs duties.

Section 1302, act Apr. 30, 1946, ch. 244, title III, Sec. 312, 60

Stat. 149. Subsec. (a) related to ordinary customs duties on United

States articles between July 4, 1954, and July 3, 1974. Subsec.

(b), which related ordinary customs duties on United States

articles after July 3, 1974, was omitted on authority of section

1291(b)(1) of this title which provided that this subchapter be

effective until the expiration of the revised agreement between the

United States and the Republic of the Philippines which occurred on

July 4, 1974.

Section 1303, act Apr. 30, 1946, ch. 244, title III, Sec. 313, 60

Stat. 149, related to customs duties on United States articles

other than ordinary customs duties. See note above for section

1302(b) of this title.

Section 1304, act Apr. 30, 1946, ch. 244, title III, Sec. 314, 60

Stat. 150, related to equality in special import duties. See note

above for section 1302(b) of this title.

Section 1305, act Apr. 30, 1946, ch. 244, title III, Sec. 315, 60

Stat. 150, related to equality in duties for products of the United

States which did not come within the definition of United States

articles. See note above for section 1302(b) of this title.

-End-

-CITE-

22 USC Part 3 - Internal Taxes 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER II - OBLIGATIONS OF PHILIPPINES

Part 3 - Internal Taxes

-HEAD-

PART 3 - INTERNAL TAXES

-End-

-CITE-

22 USC Secs. 1311 to 1313 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER II - OBLIGATIONS OF PHILIPPINES

Part 3 - Internal Taxes

-HEAD-

Secs. 1311 to 1313. Omitted

-COD-

CODIFICATION

Section 1311, act Apr. 30, 1946, ch. 244, title III, Sec. 321, 60

Stat. 150, which related to equality in internal taxes for United

States products coming into the Philippines, was omitted on

authority of section 1291(b)(1) of this title which provided that

this subchapter be effective until the expiration of the revised

agreement between the United States and the Republic of the

Philippines which occurred on July 4, 1974.

Section 1312, act Apr. 30, 1946, ch. 244, title III, Sec. 322, 60

Stat. 150, prohibited export taxes by the Philippines on articles

exported to the United States. See note above for section 1311 of

this title.

Section 1313, act Apr. 30, 1946, ch. 244, title III, Sec. 323, 60

Stat. 150, provided an exemption from taxes for articles for

official use of the United States Government. See note above for

section 1311 of this title.

-End-

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22 USC Part 4 - Immigration 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER II - OBLIGATIONS OF PHILIPPINES

Part 4 - Immigration

-HEAD-

PART 4 - IMMIGRATION

-End-

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22 USC Secs. 1321, 1322 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER II - OBLIGATIONS OF PHILIPPINES

Part 4 - Immigration

-HEAD-

Secs. 1321, 1322. Omitted

-COD-

CODIFICATION

Section 1321, act Apr. 30, 1946, ch. 244, title III, Sec. 331, 60

Stat. 151, which provided that certain United States citizens be

granted non-quota status, was omitted on authority of section

1291(b)(1) of this title which provided that this subchapter be

effective until the expiration of the revised agreement between the

United States and the Republic of the Philippines which occurred on

July 4, 1974.

Section 1322, act Apr. 30, 1946, ch. 244, title III, Sec. 332, 60

Stat. 151, provided for immigration of United States citizens into

the Philippines. See note above for section 1321 of this title.

-End-

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22 USC Part 5 - General Provisions 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER II - OBLIGATIONS OF PHILIPPINES

Part 5 - General Provisions

-HEAD-

PART 5 - GENERAL PROVISIONS

-End-

-CITE-

22 USC Secs. 1331 to 1334 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER II - OBLIGATIONS OF PHILIPPINES

Part 5 - General Provisions

-HEAD-

Secs. 1331 to 1334. Omitted

-COD-

CODIFICATION

Section 1331, act Apr. 30, 1946, ch. 244, title III, Sec. 341, 60

Stat. 151, which related to rights of United States citizens and

business enterprises to natural resources in the Philippines, was

omitted on authority of section 1291(b)(1) of this title which

provided that this subchapter be effective until the expiration of

the revised agreement between the United States and the Republic of

the Philippines which occurred on July 4, 1974.

Section 1332, act Apr. 30, 1946, ch. 244, title III, Sec. 342, 60

Stat. 151, provided for currency stabilization between the United

States and the Philippines. See note above for section 1331 of this

title.

Section 1333, acts June 11, 1934, ch. 445, 48 Stat. 929; Aug. 7,

1946, ch. 809, Sec. 1, 60 Stat. 901, which related to deposits of

and interest on public moneys, terminated on July 1, 1951, under

the provisions of section 2 of act Aug. 7, 1946.

Section 1334, act Apr. 30, 1946, ch. 244, title III, Sec. 343, 60

Stat. 151, related to allocation of quotas established by sections

1261, 1262, and 1264 of this title. See note above for section 1331

of this title.

-End-

-CITE-

22 USC SUBCHAPTER III - EXECUTIVE AGREEMENT BETWEEN

UNITED STATES AND

PHILIPPINES 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER III - EXECUTIVE AGREEMENT BETWEEN UNITED STATES AND

PHILIPPINES

-HEAD-

SUBCHAPTER III - EXECUTIVE AGREEMENT BETWEEN UNITED STATES AND

PHILIPPINES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1356, 1357, 1360, 1373

of this title; title 48 section 734.

-End-

-CITE-

22 USC Secs. 1341 to 1348 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER III - EXECUTIVE AGREEMENT BETWEEN UNITED STATES AND

PHILIPPINES

-HEAD-

Secs. 1341 to 1348. Omitted

-COD-

CODIFICATION

Section 1341, act Apr. 30, 1946, ch. 244, title IV, Sec. 401, 60

Stat. 151, which provided authorization for an executive agreement

between United States and Republic of Philippines concerning trade

and other related matters, was omitted in view of expiration of

revised agreement concerning trade and other related matters which

occurred on July 4, 1974.

Section 1342, act Apr. 30, 1946, ch. 244, title IV, Sec. 402, 60

Stat. 152, specified obligations of Philippines. See note above for

section 1341 of this title.

Section 1343, act Apr. 30, 1946, ch. 244, title IV, Sec. 403, 60

Stat. 153, specified obligations of United States. See note above

for section 1341 of this title.

Section 1344, act Apr. 30, 1946, ch. 244, title IV, Sec. 404, 60

Stat. 153, related to provisions concerning termination of

agreement. See note above for section 1341 of this title.

Section 1345, act Apr. 30, 1946, ch. 244, title IV, Sec. 405, 60

Stat. 154, provided that upon expiration of agreement the

provisions of subchapter I of this chapter shall cease to have

effect. See note above for section 1341 of this title.

Section 1346, act Apr. 30, 1946, ch. 244, title IV, Sec. 406, 60

Stat. 154, related to interpretation of agreement. See note above

for section 1341 of this title.

Section 1347, act Apr. 30, 1946, ch. 244, title IV, Sec. 407, 60

Stat. 154, related to termination of authority to make the

agreement. See note above for section 1341 of this title.

Section 1348, act Apr. 30, 1946, ch. 244, title IV, Sec. 408, 60

Stat. 154, related to effective date of the agreement. See note

above for section 1341 of this title.

-End-

-CITE-

22 USC SUBCHAPTER IV - GENERAL PROVISIONS RELATING TO

TRADE RELATIONS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER IV - GENERAL PROVISIONS RELATING TO TRADE RELATIONS

-HEAD-

SUBCHAPTER IV - GENERAL PROVISIONS RELATING TO TRADE RELATIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1373 of this title;

title 48 section 734.

-End-

-CITE-

22 USC Secs. 1351 to 1353 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER IV - GENERAL PROVISIONS RELATING TO TRADE RELATIONS

-HEAD-

Secs. 1351 to 1353. Omitted

-COD-

CODIFICATION

Section 1351, act Apr. 30, 1946, ch. 244, title V, Sec. 501, 60

Stat. 155, which related to suspension and termination of trade

agreement in case of discrimination, was omitted in view of the

expiration of the revised agreement between the United States and

the Republic of the Philippines which occurred on July 4, 1974.

Section 1352, act Apr. 30, 1946, ch. 244, title V, Sec. 502, 60

Stat. 155, which related to suspension of provisions of subchapter

I of this chapter, was omitted on authority of former section 1345

of this title which nullified subchapter I of this chapter upon the

expiration of the revised agreement between the United States and

the Republic of the Philippines which occurred on July 4, 1974.

Section 1353, act Apr. 30, 1946, ch. 244, title V, Sec. 503, 60

Stat. 156, related to customs duties on imports from Philippines

during period subchapter I of this chapter was in effect. See note

above for section 1352 of this title.

-End-

-CITE-

22 USC Sec. 1354 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER IV - GENERAL PROVISIONS RELATING TO TRADE RELATIONS

-HEAD-

Sec. 1354. Quotas on Philippine articles

-STATUTE-

(a) to (c) Omitted

(d) Investigations by International Trade Commission

The United States International Trade Commission shall at the

request of the President, upon resolution of either House of

Congress or concurrent resolution of both Houses of Congress, upon

its own motion, or when in its judgment there is good reason

therefor, upon application of any interested party, make an

investigation to ascertain (1) whether imports of a Philippine

article (other than an article for which a quota is established by

part 2 of subchapter I of this chapter) are coming, or are likely

to come, into substantial competition with like articles which are

the product of the United States; (2) what is the greatest amount

of such article which may be entered, or withdrawn from warehouse,

in the United States for consumption, without coming into

substantial competition with like articles which are the product of

the United States; and (3) the total amount of such article which

(during the twelve months ended on the last day of the month

preceding the month in which occurs the date of the beginning of

the investigation) was entered, or withdrawn from warehouse, in the

United States for consumption. During the course of the

investigation the Commission shall hold a public hearing, of which

reasonable public notice shall be given and at which parties

interested shall be afforded reasonable opportunity to be present,

to produce evidence, and to be heard. The Commission shall give

precedence to such investigations. The Commission shall report the

results of its investigations to the President, and shall send

copies of such report to each House of the Congress.

-SOURCE-

(Apr. 30, 1946, ch. 244, title V, Sec. 504, 60 Stat. 156; Pub. L.

93-618, title I, Sec. 171(b), Jan. 3, 1975, 88 Stat. 2009.)

-MISC1-

SUSPENSION OF PROVISIONS

Section not applicable during such time as the revised agreement

between the United States and the Philippines is in effect, see

section 1373 of this title.

-REFTEXT-

REFERENCES IN TEXT

Part 2 of subchapter I of this chapter, referred to in subsec.

(d), was omitted from the Code. See Codification note set out under

section 1261 of this title.

-COD-

CODIFICATION

Subsec. (a) of this section, which provided that the President

establish quotas on Philippine articles, was omitted on authority

of subsec. (c) of this section which provided that no quota so

established continue in effect after the expiration of the

executive agreement which expiration occurred on July 4, 1974.

Subsec. (b) of this section, which provided for the maximum and

minimum quotas, was omitted on authority of subsec. (c) of this

section. Subsec. (c) provided for the duration of the quotas.

-MISC2-

AMENDMENTS

1975 - Subsec. (d). Pub. L. 93-618 substituted "United States

International Trade Commission" for "United States Tariff

Commission".

EFFECTIVE DATE

Section 512 of act Apr. 30, 1946, provided that: "This Act

[enacting subchapters I to IV of this chapter; sections 2470(a)(2)

and 2800(a)(4)(B) of the Internal Revenue Code of 1939; and section

734 of Title 48, Territories and Insular Possessions] shall take

effect on the day after the date of its enactment [Apr. 30, 1946],

except Part 2 of Title II [enacting sections 1261 to 1266 of this

title], which shall take effect as of January 1, 1946."

SHORT TITLE

Section 1 of act Apr. 30, 1946, provided that: "This Act

[enacting subchapters I to IV of this chapter, amending section

1393 of this title, sections 2470 and 2800 of the Internal Revenue

Code of 1939, and section 734 of Title 48, Territories and Insular

Possessions, repealing section 1301 of Title 19, Customs Duties,

sections 2476, and 3340 to 3343 of the Internal Revenue Code of

1939, and section 1243 of Title 48] may be cited as the 'Philippine

Trade Act of 1946'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1373 of this title.

-End-

-CITE-

22 USC Sec. 1355 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER IV - GENERAL PROVISIONS RELATING TO TRADE RELATIONS

-HEAD-

Sec. 1355. Suspension of processing tax on coconut oil

-STATUTE-

Whenever the President, after consultation with the President of

the Philippines, finds that adequate supplies of neither copra nor

coconut oil, the product of the Philippines, are readily available

for processing in the United States, he shall so proclaim, and

after the date of such proclamation the provisions of section

2470(a)(2) of the Internal Revenue Code shall be suspended until

the expiration of 30 days after he proclaims that, after

consultation with the President of the Philippines, he has found

that such adequate supplies are so readily available.

-SOURCE-

(Apr. 30, 1946, ch. 244, title V, Sec. 505(b), 60 Stat. 157.)

-MISC1-

SUSPENSION OF PROVISIONS

Section not applicable during such time as the revised agreement

between the United States and the Philippines is in effect, see

section 1373 of this title.

-REFTEXT-

REFERENCES IN TEXT

Section 2470(a)(2) of the Internal Revenue Code, referred to in

text, is a reference to section 2470(a)(2) of the Internal Revenue

Code of 1939. Section 2470 was repealed by section 7851 of the

Internal Revenue Code of 1954, Title 26, and was reenacted as

sections 4511 and 4513 of Title 26. The Internal Revenue Code of

1954 was redesignated the Internal Revenue Code of 1986 by Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095. Sections 4511 and

4513 of Title 26 were repealed by Pub. L. 87-456, title III, Sec.

302(d), May 24, 1962, 76 Stat. 77, effective Aug. 31, 1963.

-MISC2-

TERMINATION OF SUSPENSION OF ADDITIONAL RATE ON COCONUT OIL

By Proc. No. 2847, July 28, 1949, 14 F.R. 4773, 63 Stat. 1279,

the President found that "adequate supplies of copra and coconut

oil, the product of the Philippines, are readily available for

processing in the United States" and that upon the expiration of 30

days from July 28, 1949, the suspension of the provisions of

section 2470(a)(2) of the Internal Revenue Code of 1939 will be

terminated.

SUSPENSION PROCLAMATION

By Proc. No. 2693, June 28, 1946, 11 F.R. 7255, 60 Stat. 1349,

the President found that "adequate supplies of neither copra nor

coconut oil, the product of the Philippines, are readily available

for processing in the United States," and therefore the provisions

of section 2470(a)(2) of the Internal Revenue Code of 1939 are

suspended.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1373 of this title.

-End-

-CITE-

22 USC Sec. 1356 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER IV - GENERAL PROVISIONS RELATING TO TRADE RELATIONS

-HEAD-

Sec. 1356. Termination of payments into Philippine treasury

-STATUTE-

Notwithstanding the provisions of section 4 of the Act of March

8, 1902 (32 Stat. 54, ch. 140), or of section 19 of the Act of

March 24, 1934 (48 Stat. 456, ch. 84), as added to such Act by

section 6 of the Act of August 7, 1939 (53 Stat. 1232, ch. 502), or

of the Act of November 8, 1945 (59 Stat. 577, ch. 454) or of any

other provision of law, the proceeds of any duties or taxes,

collected subsequent to July 3, 1946, which but for the enactment

of this Act would be required to be paid into the general funds of

the Treasury of the Philippines or would be held in separate or

special funds and paid into the Treasury of the Philippines, shall

be covered into the general fund of the Treasury of the United

States.

-SOURCE-

(Apr. 30, 1946, ch. 244, title V, Sec. 506(a), 60 Stat. 157.)

-MISC1-

SUSPENSION OF PROVISIONS

Section not applicable during such time as the revised agreement

between the United States and the Philippines is in effect, see

section 1373 of this title.

-REFTEXT-

REFERENCES IN TEXT

Section 4 of the Act of March 8, 1902 (32 Stat. 54, ch. 140),

referred to in text, was classified to section 123a of Title 19,

Customs Duties, and was transferred to section 3343(b) of the

Internal Revenue Code of 1939, and subsequently repealed by act

Apr. 30, 1946, ch. 244, title V, Sec. 506(b), 60 Stat. 157, eff.

July 4, 1946.

Section 19 of the Act of March 24, 1934 (48 Stat. 456, ch. 84),

as added to such Act by section 6 of the Act of August 7, 1939 (53

Stat. 1232, ch. 502), referred to in text, was classified to

section 1248 of Title 48, Territories and Insular Possessions,

which was omitted from the Code.

Act of November 8, 1945 (59 Stat. 577, ch. 454), referred to in

text, was classified to section 1249 of Title 48, Territories and

Insular Possessions, which was omitted from the Code.

This Act, referred to in text, is act Apr. 30, 1946, ch. 244, 60

Stat. 141, known as the Philippine Trade Act of 1946, which is

classified principally to subchapters I to IV of this chapter.

Subchapters I, II, and III of this chapter were omitted from the

Code. For complete classification of this Act to the Code, see

Short Title note set out under section 1354 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1373 of this title.

-End-

-CITE-

22 USC Sec. 1357 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER IV - GENERAL PROVISIONS RELATING TO TRADE RELATIONS

-HEAD-

Sec. 1357. Trade agreements with the Philippines

-STATUTE-

Until July 4, 1974, no trade agreement shall be made with the

Philippines under section 1351 of title 19, unless, prior to such

time, the President of the United States has made the proclamation

provided for in section 1347 of this title, or the executive

agreement provided for in subchapter III of this chapter has been

terminated.

-SOURCE-

(Apr. 30, 1946, ch. 244, title V, Sec. 508, 60 Stat. 158.)

-MISC1-

SUSPENSION OF PROVISIONS

Section not applicable during such time as the revised agreement

between the United States and the Philippines is in effect, see

section 1373 of this title.

-REFTEXT-

REFERENCES IN TEXT

The executive agreement provided for in subchapter III of this

chapter, referred to in text, expired July 4, 1974.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1373 of this title.

-End-

-CITE-

22 USC Sec. 1358 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER IV - GENERAL PROVISIONS RELATING TO TRADE RELATIONS

-HEAD-

Sec. 1358. Rights of third countries

-STATUTE-

The benefits granted by subchapters I to IV of this chapter, and

by the executive agreement provided for in subchapter III of this

chapter, to the Philippines, Philippine articles or products, and

Philippine citizens, shall not, by reason of any provision of any

existing treaty or agreement with any third country, be extended to

such country or its products, citizens, or subjects.

-SOURCE-

(Apr. 30, 1946, ch. 244, title V, Sec. 509, 60 Stat. 158.)

-MISC1-

SUSPENSION OF PROVISIONS

Section not applicable during such time as the revised agreement

between the United States and the Philippines is in effect, see

section 1373 of this title.

-REFTEXT-

REFERENCES IN TEXT

Subchapters I to IV of this chapter, referred to in text, was in

the original "this Act", meaning act Apr. 30, 1946, ch. 244, 60

Stat. 141, known as the Philippine Trade Act of 1946, which is

classified principally to subchapters I to IV of this chapter.

Subchapters I, II, and III of this chapter were omitted from the

Code. For complete classification of this Act to the Code, see

Short Title note set out under section 1354 of this title and

Tables.

The executive agreement provided for in subchapter III of this

chapter, referred to in text, expired July 4, 1974.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1373 of this title.

-End-

-CITE-

22 USC Sec. 1359 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER IV - GENERAL PROVISIONS RELATING TO TRADE RELATIONS

-HEAD-

Sec. 1359. Omitted

-COD-

CODIFICATION

Section, act Apr. 30, 1946, ch. 244, title V, Sec. 510, 60 Stat.

158, related to administration of subchapter I of this chapter. See

Codification note for section 1352 of this title.

-End-

-CITE-

22 USC Sec. 1360 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER IV - GENERAL PROVISIONS RELATING TO TRADE RELATIONS

-HEAD-

Sec. 1360. Definitions

-STATUTE-

(a) For the purposes of subchapters I to IV of this chapter -

(1) The term "person" includes partnerships, corporations, and

associations.

(2) The term "United States", when used in a geographical

sense, means the States, the District of Columbia, the

Territories of Alaska and Hawaii, and Puerto Rico.

(3) The term "ordinary customs duty" means a customs duty based

on the article as such (whether or not such duty is also based in

any manner on the use, value, or method of production of the

article, or on the amount of like articles imported, or on any

other factor); but does not include -

(A) a customs duty based on an act or omission of any person

with respect to the importation of the article, or of the

country from which the article is exported, or from which it

comes; or

(B) a countervailing duty imposed to offset a subsidy,

bounty, or grant; or

(C) an anti-dumping duty imposed to offset the selling of

merchandise for exportation at a price less than the prevailing

price in the country of export; or

(D) any tax, fee, charge, or exaction, imposed on or in

connection with importation unless the law of the country

imposing it designates or imposes it as a customs duty or

contains a provision to the effect that it shall be treated as

a duty imposed under the customs laws; or

(E) the tax imposed by section 2491(c) of the Internal

Revenue Code with respect to an article, merchandise, or

combination, 10 per centum or more of the quantity by weight of

which consists of, or is derived directly or indirectly from,

one or more of the oils, fatty acids, or salts specified in

section 2470 of the Internal Revenue Code; or the tax imposed

by section 3500 of the Internal Revenue Code.

(4) The term "Philippine article" means an article which is the

product of the Philippines, unless, in the case of an article

produced with the use of materials imported into the Philippines

from any foreign country (except the United States) the aggregate

value of such imported materials at the time of importation into

the Philippines was more than twenty per centum of the value of

the article imported into the United States, the value of such

article to be determined in accordance with, and as of the time

provided by, the customs laws of the United States in effect at

the time of importation of such article. As used in this

paragraph the term "value", when used in reference to a material

imported into the Philippines, includes the value of the material

ascertained under the customs laws of the Philippines in effect

at the time of importation into the Philippines, and, if not

included in such value, the cost of bringing the material to the

Philippines, but does not include the cost of landing it at the

port of importation, or customs duties collected in the

Philippines. For the purposes of this paragraph any imported

material, used in the production of an article in the

Philippines, shall be considered as having been used in the

production of an article subsequently produced in the

Philippines, which is the product of a chain of production in the

Philippines in the course of which an article, which is the

product of one stage of the chain, is used by its producer or

another person, in a subsequent stage of the chain, as a material

in the production of another article.

(5) The term "United States article" means an article which is

the product of the United States, unless, in the case of an

article produced with the use of materials imported into the

United States from any foreign country (except the Philippines)

the aggregate value of such imported materials at the time of

importation into the United States was more than twenty per

centum of the value of the article imported into the Philippines,

the value of such article to be determined in accordance with,

and as of the time provided by, the customs laws of the

Philippines in effect at the time of importation of such article.

As used in this paragraph the term "value", when used in

reference to a material imported into the United States, includes

the value of the material ascertained under the customs laws of

the United States in effect at the time of importation into the

United States, and, if not included in such value, the cost of

bringing the material to the United States, but does not include

the cost of landing it at the port of importation, or customs

duties collected in the United States. For the purposes of this

paragraph any imported material, used in the production of an

article in the United States, shall be considered as having been

used in the production of an article subsequently produced in the

United States, which is the product of a chain of production in

the United States in the course of which an article, which is the

product of one stage of the chain, is used by its producer or

another person, in a subsequent stage of the chain, as a material

in the production of another article.

(6) The term "United States duty" means the rate or rates of

ordinary customs duty which (at the time and place of entry, or

withdrawal from warehouse, in the United States for consumption,

of the Philippine article) would be applicable to a like article

if imported from that foreign country which is entitled to the

lowest rate, or the lowest aggregate of rates, of ordinary

customs duty with respect to such like article.

(7) The term "Philippine duty" means the rate or rates of

ordinary customs duty which (at the time and place of entry, or

withdrawal from warehouse, in the Philippines for consumption, of

the United States article) would be applicable to a like article

if imported from that foreign country which is entitled to the

lowest rate, or the lowest aggregate of rates, of ordinary

customs duty with respect to such like article.

(8) The term "internal tax" includes an internal fee, charge,

or exaction, and includes -

(A) the tax imposed by section 2491(c) of the Internal

Revenue Code with respect to an article, merchandise, or

combination, 10 per centum or more of the quantity by weight of

which consists of, or is derived directly or indirectly from,

one or more of the oils, fatty acids, or salts specified in

section 2470 of the Internal Revenue Code; and the tax imposed

by section 3500 of the Internal Revenue Code; and

(B) any other tax, fee, charge, or exaction, imposed on or in

connection with importation unless the law of the country

imposing it designates or imposes it as a customs duty or

contains a provision to the effect that it shall be treated as

a duty imposed under the customs laws.

(b) For the purposes of sections 1271(b) and 1311(b) of this

title, any material, used in the production of an article, shall be

considered as having been used in the production of an article

subsequently produced, which is the product of a chain of

production in the course of which an article, which is the product

of one stage of the chain, is used by its producer or another

person, in a subsequent stage of the chain, as a material in the

production of another article.

(c) For the purposes of paragraphs (6) and (7) of subsection (a)

of this section -

(1) if an article is entitled to be imported from a foreign

country free of ordinary customs duty, that country shall be

considered as the country entitled to the lowest rate of ordinary

customs duty with respect to such article; and

(2) a reduction in ordinary customs duty granted any country,

by law, treaty, trade agreement, or otherwise, with respect to

any article, shall be converted into the equivalent reduction in

the rate of ordinary customs duty otherwise applicable to such

article.

(d) The terms "includes" and "including" when used in a

definition contained in subchapters I to IV of this chapter shall

not be deemed to exclude other things otherwise within the meaning

of the term defined.

-SOURCE-

(Apr. 30, 1946, ch. 244, title I, Sec. 2, 60 Stat. 141.)

-MISC1-

SUSPENSION OF PROVISIONS

Section not applicable during such time as the revised agreement

between the United States and the Philippines is in effect, see

section 1373 of this title.

-REFTEXT-

REFERENCES IN TEXT

Subchapters I to IV of this chapter, referred to in subsecs. (a)

and (d), was in the original "this Act", meaning act Apr. 30, 1946,

ch. 244, 60 Stat. 141, known as the Philippine Trade Act of 1946,

which is classified principally to subchapters I to IV of this

chapter. Subchapters I, II, and III of this chapter were omitted

from the Code. For complete classification of this Act to the Code,

see Short Title note set out under section 1354 of this title and

Tables.

Sections 2470 and 2491(c) of the Internal Revenue Code, referred

to in subsec. (a)(3)(E), (8)(A), are references to sections 2470

and 2491(c) of the Internal Revenue Code of 1939, which were

repealed by section 7851 of the Internal Revenue Code of 1954,

Title 26. The Internal Revenue Code of 1954 was redesignated the

Internal Revenue Code of 1986 by Pub. L. 99-514, Sec. 2, Oct. 22,

1986, 100 Stat. 2095. Section 2470 was reenacted as sections 4511

and 4513 of Title 26, and section 2491 was reenacted as part of

sections 4581 and 4582 of Title 26. Sections 4511, 4513, 4581, and

4582 of Title 26 were repealed by Pub. L. 87-456, title III, Sec.

302(d), May 24, 1962, 76 Stat. 77, effective Aug. 31, 1963.

Section 3500 of the Internal Revenue Code, referred to in subsec.

(a)(3)(E), (8)(A), is reference to section 3500 of the Internal

Revenue Code of 1939, which was repealed by section 7851 of the

Internal Revenue Code of 1954, Title 26. The Internal Revenue Code

of 1954 was redesignated the Internal Revenue Code of 1986 by Pub.

L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095. See section 4501

of Title 26, Internal Revenue Code.

The customs laws, referred to in subsec. (a)(3)(D) and (8)(B),

are classified generally to Title 19, Customs Duties.

-MISC2-

ADMISSION OF ALASKA AND HAWAII TO STATEHOOD

Alaska was admitted into the Union on Jan. 3, 1959, on issuance

of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and

Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of

Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For

Alaska Statehood Law, see Pub. L. 85-508, July 7, 1958, 72 Stat.

339, set out as a note preceding section 21 of Title 48,

Territories and Insular Possessions. For Hawaii Statehood Law, see

Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note

preceding section 491 of Title 48.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1346, 1373 of this title.

-End-

-CITE-

22 USC SUBCHAPTER IV-A - TRADE RELATIONS UNDER REVISED

AGREEMENT 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER IV09A - TRADE RELATIONS UNDER REVISED AGREEMENT

-HEAD-

SUBCHAPTER IV-A - TRADE RELATIONS UNDER REVISED AGREEMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 48 section 734.

-End-

-CITE-

22 USC Secs. 1371, 1372 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER IV09A - TRADE RELATIONS UNDER REVISED AGREEMENT

-HEAD-

Secs. 1371, 1372. Omitted

-COD-

CODIFICATION

Section 1371, act Aug. 1, 1955, ch. 438, title I, Sec. 2, 69

Stat. 413, which defined revised agreement, was omitted in view of

the expiration of the revised agreement between the United States

and the Republic of the Philippines which occurred on July 4, 1974.

Section 1372, act Aug. 1, 1955, ch. 438, title II, Sec. 201, 69

Stat. 413, authorized revised agreement. See Codification note for

section 1371 of this title.

-MISC1-

REVISED AGREEMENT BETWEEN UNITED STATES AND PHILIPPINES

Section 201 of act Aug. 1, 1955, provided in part for a revised

agreement, accompanied by a protocol, between the United States and

the Republic of the Philippines concerning trade and other related

matters during a transitional period following the institution of

Philippine Independence on July 4, 1946, which agreement by the

terms of Article XI thereof, was to have no effect after July 3,

1974.

MODIFICATION OF TEXT OF REVISED AGREEMENT

Section 202 of act Aug. 1, 1955, provided that the text of the

revised agreement between the United States and the Republic of the

Philippines concerning trade and other related matters during a

transitional period after Philippine independence was to be

modified only to the extent necessary to correct errors or

references to laws, to reflect executive or legislative action

taken by the Philippines, or merely as changes in style.

DUTY-FREE TREATMENT FOR SCRAP TOBACCO AND FILLER TOBACCO

Pub. L. 87-47, June 16, 1961, 75 Stat. 92, provided that the

duty-free treatment for scrap tobacco and filler tobacco described

in item B in the schedule to paragraph 2 of article II of the

agreement between the United States and the Republic of the

Philippines concerning trade and other related matters during a

transitional period after Philippine independence, as revised, was

to apply only to articles certified by the Philippines as having

been allocated for exportation to the United States free of duty

under that paragraph.

-End-

-CITE-

22 USC Sec. 1373 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER IV09A - TRADE RELATIONS UNDER REVISED AGREEMENT

-HEAD-

Sec. 1373. Suspension of Philippine Trade Act of 1946

-STATUTE-

The Philippine Trade Act of 1946 [22 U.S.C. 1251 et seq.] (except

section 506(a) of this title [22 U.S.C. 1356] relating to

termination of payments into Philippine Treasury, and except

amendments and repeals made by such Act) shall not apply during

such time as the revised agreement is in effect.

-SOURCE-

(Aug. 1, 1955, ch. 438, title III, Sec. 302, 69 Stat. 426.)

-REFTEXT-

REFERENCES IN TEXT

The Philippine Trade Act of 1946, referred to in text, is act

Apr. 30, 1946, ch. 244, 60 Stat. 141, which is classified

principally to subchapters I to IV of this chapter. Subchapters I,

II, and III of this chapter were omitted from the Code. For

complete classification of this Act to the Code, see Short Title

note set out under section 1354 of this title and Tables.

The revised agreement, referred to in text, was set out as a note

under section 1371 of this title.

-MISC1-

EFFECTIVE DATE

Section 301(b) of title III of act Aug. 1, 1955, provided that:

"The provisions of this title [enacting sections 1373 to 1379 of

this title and amending section 734 of Title 48, Territories and

Insular Possessions] shall take effect on January 1, 1956, but only

if the President of the United States has made the proclamation

referred to in subsection (a) [section 1379 of this title]."

SHORT TITLE

Section 1 of act Aug. 1, 1955, provided that: "This Act [enacting

this subchapter and amending section 734 of Title 48, Territories

and Insular Possessions] may be cited as the 'Philippine Trade

Agreement Revision Act of 1955'."

-End-

-CITE-

22 USC Secs. 1374 to 1379 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER IV09A - TRADE RELATIONS UNDER REVISED AGREEMENT

-HEAD-

Secs. 1374 to 1379. Omitted

-COD-

CODIFICATION

Section 1374, act Aug. 1, 1955, ch. 438, title III, Sec. 303, 69

Stat. 426, related to quotas established by article III of the

revised agreement. See Codification note for section 1371 of this

title.

Section 1375, act Aug. 1, 1955, ch. 438, title III, Sec. 304, 69

Stat. 426, related to suspension of processing tax on coconut oil.

See Codification note for section 1371 of this title.

Section 1376, act Aug. 1, 1955, ch. 438, title III, Sec. 305, 69

Stat. 426, provided that prior to July 4, 1974, no trade agreement

be entered into with Republic of Philippines that would be

inconsistent with this subchapter or revised agreement. See

Codification note for section 1371 of this title.

Section 1377, act Aug. 1, 1955, ch. 438, title III, Sec. 306, 69

Stat. 426, related to rights of third countries to benefits granted

Philippines by revised agreement. See Codification note for section

1371 of this title.

Section 1378, act Aug. 1, 1955, ch. 438, title III, Sec. 307, 69

Stat. 426, related to administration of revised agreement. See

Codification note for section 1371 of this title.

Section 1379, act Aug. 1, 1955, ch. 438, title III, Sec. 301(a),

69 Stat. 426, related to effective date of revised agreement. See

Codification note for section 1371 of this title.

-End-

-CITE-

22 USC SUBCHAPTER V - PROPERTY RETAINED BY THE UNITED

STATES 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER V - PROPERTY RETAINED BY THE UNITED STATES

-HEAD-

SUBCHAPTER V - PROPERTY RETAINED BY THE UNITED STATES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 40 section 113; title 50

App. section 39.

-End-

-CITE-

22 USC Sec. 1381 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER V - PROPERTY RETAINED BY THE UNITED STATES

-HEAD-

Sec. 1381. Retention by United States of title to real and personal

property

-STATUTE-

There shall remain vested in the Government of the United States

or its agencies or instrumentalities all the right, title, and

interest of the said Government or its agencies or

instrumentalities to all real and personal property within the

Philippine Islands as may now be vested in, or later be acquired by

the Government of the United States or any of its agencies or

instrumentalities.

-SOURCE-

(July 3, 1946, ch. 536, Sec. 2, 60 Stat. 418.)

-MISC1-

SHORT TITLE

Section 1 of act July 3, 1946, provided that: "This Act [enacting

this subchapter] may be cited as the 'Philippine Property Act of

1946'."

-End-

-CITE-

22 USC Sec. 1382 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER V - PROPERTY RETAINED BY THE UNITED STATES

-HEAD-

Sec. 1382. Administration of the Trading With the Enemy Act in

Philippines

-STATUTE-

The Trading With the Enemy Act of October 6, 1917 (40 Stat. 411),

as amended, shall continue in force in the Philippines after July

4, 1946, and all powers and authority conferred upon the President

of the United States or the Alien Property Custodian by the terms

of the said Trading With the Enemy Act, as amended, with respect to

the Philippines, shall continue thereafter to be exercised by the

President of the United States, or such officer or agency as he may

designate: Provided, That all property vested in or transferred to

the President of the United States, the Alien Property Custodian,

or any such officer or agency as the President of the United States

may designate under the Trading With the Enemy Act, as amended,

which was located in the Philippines at the time of such vesting,

or the proceeds thereof, and which shall remain after the

satisfaction of any claim payable under the Trading With the Enemy

Act, as amended, and after the payment of such costs and expenses

of administration as may by law be charged against such property or

proceeds, shall be transferred by the President of the United

States to the Republic of the Philippines: Provided further, That

such property, or proceeds thereof, may be transferred by the

President of the United States to the Republic of the Philippines

upon indemnification acceptable to the President of the United

States by the Republic of the Philippines for such claims, costs,

and expenses of administration as may by law be charged against

such property or proceeds thereof before final adjudication of such

claims, costs, and expenses of administration: Provided further,

That the courts of first instance of the Republic of the

Philippines are given jurisdiction to make and enter all such rules

as to notice or otherwise, and all such orders and decrees, and to

issue such process as may be necessary and proper in the premises

to enforce any orders, rules, and regulations issued by the

President of the United States, the Alien Property Custodian, or

such officer or agency designated by the President of the United

States pursuant to the Trading With the Enemy Act, as amended, with

such right of appeal therefrom as may be provided by law: And

provided further, That any suit authorized under the Trading With

the Enemy Act, as amended, with respect to property vested in or

transferred to the President of the United States, the Alien

Property Custodian, or any officer or agency designated by the

President of the United States hereunder, which at the time of such

vesting or transfer was located within the Philippines, shall after

July 4, 1946, be brought, in the appropriate court of first

instance of the Republic of the Philippines, against the officer or

agency hereunder designated by the President of the United States

with such right of appeal therefrom as may be provided by law, but

suits with respect to such property shall after ninety days from

December 21, 1950, be brought only in the courts of the United

States.

-SOURCE-

(July 3, 1946, ch. 536, Sec. 3, 60 Stat. 418; Dec. 21, 1950, ch.

1144, 64 Stat. 1116.)

-REFTEXT-

REFERENCES IN TEXT

The Trading With the Enemy Act of October 6, 1917, as amended,

referred to in text, is act Oct. 6, 1917, ch. 106, 40 Stat. 411, as

amended, which is classified to sections 1 to 6, 7 to 39 and 41 to

44 of Title 50, Appendix, War and National Defense. For complete

classification of this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

1950 - Act Dec. 21, 1950, required that 90 days after Dec. 21,

1950, all suits against the Philippine Alien Property

Administration be brought in United States courts instead of in

Philippine courts.

-TRANS-

TERMINATION OF PHILIPPINE ALIEN PROPERTY ADMINISTRATION; TRANSFER

OF FUNCTIONS

Section 101 of act Sept. 6, 1950, ch. 896, Ch. VIII, title I, 64

Stat. 699, provided in part that the Philippine Alien Property

Administration cease to exist after June 30, 1951, and all duties

performed by such Administration as of that date be transferred to

the Office of Alien Property Custodian, including all records,

files, and other property.

-EXEC-

EXECUTIVE ORDER NO. 9789

Ex. Ord. No. 9789, Oct. 14, 1946, 11 F.R. 11981, related to the

establishment of the Philippine Alien Property Administration, and

was superseded by Ex. Ord. No. 9818, formerly set out below.

EXECUTIVE ORDER NO. 9818

Ex. Ord. No. 9818, Jan. 7, 1947, 12 F.R. 133, amended Oct. 15,

1949, ch. 695, Sec. 5(a), 63 Stat. 880, related to the

establishment of the Philippine Alien Property Administration, and

was omitted under the authority of Ex. Ord. No. 10254, set out

below, which terminated the Administration.

EXECUTIVE ORDER NO. 9876

Ex. Ord. No. 9876, July 24, 1947, 12 F.R. 4981, authorized the

delegation of certain presidential functions to the Philippine

Alien Property Administrator and was omitted in view of Ex. Ord.

No. 10254, set out below, which terminated the Administration.

EXECUTIVE ORDER NO. 9921

Ex. Ord. No. 9921, Jan 10, 1948, 13 F.R. 171, authorized the

Philippine Alien Property Administrator to transfer certain

property to the Republic of the Philippines, and was omitted under

the authority of Ex. Ord. No. 10254, set out below, which

terminated the Alien Property Administration.

EX. ORD. NO. 10254. TERMINATION OF PHILIPPINE ALIEN PROPERTY

ADMINISTRATION AND TRANSFER OF FUNCTIONS TO DEPARTMENT OF JUSTICE

Ex. Ord. No. 10254, June 15, 1951, 16 F.R. 5829, provided:

1. The Philippine Alien Property Administration, established by

Executive Order No. 9818 of January 7, 1947 [formerly set out as

note under this section], is hereby terminated. All authority,

rights, privileges, powers, duties, and functions vested in such

Administration or in the Philippine Alien Property Administrator or

transferred or delegated thereto are hereby vested in or

transferred or delegated to the Attorney General, as the case may

be, and shall be administered by him or under his direction and

control by such officers and agencies of the Department of Justice

as he may designate.

2. All property or interests vested in or transferred to the

Philippine Alien Property Administration or the Administrator

thereof, and all proceeds thereof, which are held or administered

by the Philippine Alien Property Administration or the

Administrator thereof are hereby transferred to the Attorney

General of the United States.

3. All personnel, records, files, furniture, funds,

authorizations, equipment, and supplies of the Philippine Alien

Property Administration are hereby transferred to the Department of

Justice.

4. All necessary expenses incurred in the administration or

operation of the functions, duties, authority, rights, privileges,

and powers hereby vested in or transferred or delegated to the

Attorney General shall be paid, to the extent permitted and in the

manner prescribed by law, from funds or property or interests

vested in or transferred to the Attorney General by or pursuant to

the authority contained in this order, so as to prevent diminution

of funds otherwise available for the War Claims Fund under section

39 of the Trading with the Enemy Act, as amended by section 12 of

the act of July 3, 1948, 62 Stat. 1246 [section 39 of Title 50,

Appendix, War and National Defense].

This order shall become effective at the close of business in

Washington, D.C., on June 29, 1951, and shall at that time

supersede all prior Executive orders to the extent that they are in

conflict with this order.

Harry S Truman.

TRANSFER OF ALIEN PROPERTY CUSTODIAN FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interests

in Philippines, vested in Attorney General. See notes set out under

section 6 of Title 50, Appendix, War and National Defense.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1383 of this title.

-End-

-CITE-

22 USC Sec. 1383 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER V - PROPERTY RETAINED BY THE UNITED STATES

-HEAD-

Sec. 1383. Transfer of property by President of United States

-STATUTE-

In respect to property not transferable to the Republic of the

Philippines under section 1382 of this title, the President of the

United States is authorized, in his discretion and under such terms

and conditions as he may deem appropriate, to transfer to the

Republic of the Philippines any or all of the right, title, and

interest of the Government of the United States or its agencies or

instrumentalities to any or all real and personal property vested

in such agencies or instrumentalities.

-SOURCE-

(July 3, 1946, ch. 536, Sec. 4, 60 Stat. 419.)

-EXEC-

EX. ORD. NO. 9937. DELEGATION OF PRESIDENT'S AUTHORITY TO AGENCIES

PARTICIPATING IN THE PHILIPPINE RECOVERY PROGRAM

Ex. Ord. No. 9937, Mar. 20, 1948, 13 F.R. 1503 as amended by act

June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; 1949

Reorg. Plan No. 7, Sec. 2, eff. Aug. 19, 1949, 14 F.R. 5228, 63

Stat. 1070; 1950 Reorg. Plan No. 21, eff. May 24, 1950, 15 F.R.

3178, 64 Stat. 1273, provided:

By virtue of the authority vested in me by the Constitution and

the statutes, and as President of the United States, it is hereby

ordered as follows:

The Commissioner of Public Roads of the Department of Commerce,

the Chief of Engineers of the United States Army, the Philippine

War Damage Commission, the Surgeon General of the Public Health

Service of the Federal Security Agency [now the Department of

Health and Human Services], the Maritime Administration, the

Director of the Fish and Wildlife Service [now the United States

Fish and Wildlife Service] of the Department of the Interior, and

the Administrator of Civil Aeronautics, the Chief of the Weather

Bureau [now the National Weather Service], and the Director of the

Coast and Geodetic Survey [now the National Ocean Survey] of the

Department of Commerce are hereby authorized, as to their

respective agencies, to exercise the authority vested in the

President by section 4 of the Philippine Property Act of 1946 (60

Stat. 419) [this section]: Provided, that this authority shall be

exercised only with respect to property located in the Philippines

in the possession and control of the respective agencies and

utilized in carrying out the provisions of Title III of the

Philippine Rehabilitation Act of 1946 (60 Stat. 135) [sections 1781

to 1789 of Title 50, Appendix, War and National Defense].

-End-

-CITE-

22 USC Sec. 1384 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER V - PROPERTY RETAINED BY THE UNITED STATES

-HEAD-

Sec. 1384. Transfer of shares of corporations owning agricultural

lands; consideration; indemnification

-STATUTE-

Immediately upon passage of this subchapter the Alien Property

Custodian of the United States shall enter into an agreement with

the President of the Philippines to transfer to the Philippine

Government for a nominal cash consideration all shares now vested

or hereafter vested by the Alien Property Custodian of corporations

owning in fee, leasing, or otherwise operating or controlling

agricultural lands in the Philippines, other agricultural lands in

the Philippines, vested or hereafter vested by the Alien Property

Custodian not included in the foregoing, and improved property in

Manila vested or hereafter vested by the Alien Property Custodian

which in his judgment is urgently needed for the operation of an

administrative agency of the Philippine Government: Provided, That

in respect to property transferred under this section to the

Philippine Government, it shall be made a part of the agreement

that the Philippine Government shall fully indemnify the United

States for all claims payable under the Trading With the Enemy Act,

as amended, and for all such costs and expenses of administration

as may by law be charged against such property or proceeds thereof.

-SOURCE-

(July 3, 1946, ch. 536, Sec. 5, 60 Stat. 419.)

-REFTEXT-

REFERENCES IN TEXT

The Trading With the Enemy Act, as amended, referred to in text,

is act Oct. 6, 1917, ch. 106, 40 Stat. 411, as amended, which is

classified to sections 1 to 6, 7 to 39 and 41 to 44 of Title 50,

Appendix, War and National Defense. For complete classification of

this Act to the Code, see Tables.

-TRANS-

TRANSFER OF ALIEN PROPERTY CUSTODIAN FUNCTIONS

Functions of Alien Property Custodian and Office of Alien

Property Custodian, except those relating to property or interests

in Philippines, vested in Attorney General. See notes set out under

section 6 of Title 50, Appendix, War and National Defense.

-End-

-CITE-

22 USC Sec. 1385 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER V - PROPERTY RETAINED BY THE UNITED STATES

-HEAD-

Sec. 1385. Ownership of naval reservations, diplomatic property,

etc., unaffected

-STATUTE-

Nothing contained in this subchapter shall be construed as

amending the provisions of the Act of March 24, 1934 (48 Stat.

456), as amended, respecting naval reservations and fueling

stations, and diplomatic or consular property, and the property of

the High Commissioner to the Philippine Islands, nor as amending

the provisions of section 1392 of this title, respecting bases for

the mutual protection of the Philippine Islands and the United

States.

-SOURCE-

(July 3, 1946, ch. 536, Sec. 6, 60 Stat. 419.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 24, 1934, as amended, referred to in text, is act

Mar. 24, 1934, ch. 84, 48 Stat. 456, as amended, which enacted

sections 1281a, 1391, 1393 to 1395 of this title, and section 1248

of Title 48, Territories and Insular Possessions, amended sections

1231 to 1234, 1237, 1238, 1239, 1241 to 1243, 1245, and 1247, of

Title 48, and enacted a provision set out as a note under section

1391 of this title. For complete classification of this Act to the

Code, see Tables.

-End-

-CITE-

22 USC Sec. 1386 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER V - PROPERTY RETAINED BY THE UNITED STATES

-HEAD-

Sec. 1386. Definitions

-STATUTE-

For the purposes of this subchapter the term "Philippine

Government" shall mean "Government of the Commonwealth of the

Philippines" until the date of independence, and thereafter it

shall mean the "Government of the Republic of the Philippines".

-SOURCE-

(July 3, 1946, ch. 536, Sec. 7, 60 Stat. 420.)

-REFTEXT-

REFERENCES IN TEXT

Date of independence, referred to in text, was July 4, 1946 as

recognized by 1946 Proc. No. 2695, eff. July 4, 1946, set out as a

note under section 1394 of this title.

-End-

-CITE-

22 USC SUBCHAPTER VI - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-End-

-CITE-

22 USC Sec. 1391 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1391. Transfer of property and rights to Philippine

Commonwealth

-STATUTE-

All the property and rights which may have been acquired in the

Philippine Islands by the United States under the treaties

mentioned in the first section of this Act, except such land or

other property as has heretofore been designated by the President

of the United States for Military and other reservations of the

Government of the United States, and except such land or other

property or rights or interests therein as may have been sold or

otherwise disposed of in accordance with law, are granted to the

government of the Commonwealth of the Philippine Islands when

constituted.

-SOURCE-

(Mar. 24, 1934, ch. 84, Sec. 5, 48 Stat. 459.)

-REFTEXT-

REFERENCES IN TEXT

Treaties mentioned in the first section of this Act, referred to

in text, were treaty of peace between the United States and Spain

of December 10, 1898, and treaty between Spain and the United

States concluded at Washington, Nov. 7, 1900.

The first section of this Act, referred to in text, is section 1

of act Mar. 24, 1934, which was classified to section 1231 of Title

48, Territories and Insular Possessions, and was omitted from the

Code.

Since their independence, the Philippine Islands have been a

republic, and are no longer designated as a "Commonwealth",

referred to in text. See note below.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Jan. 17, 1933, ch. 11, Sec. 5, 47 Stat. 764.

SEPARABILITY

Section 16 of act Mar. 24, 1934, provided: "If any provision of

this Act [enacting this section and sections 1281a, 1393 to 1395 of

this title, amending sections 1231 to 1234, 1237 to 1239, 1241 to

1243, 1245, 1247, and 1248 of Title 48, Territories and Insular

Possessions] is declared unconstitutional or the applicability

thereof to any person or circumstances is held invalid, the

validity of the remainder of the act and the applicability of such

provisions and circumstances shall not be affected thereby."

PHILIPPINE INDEPENDENCE

Philippine Islands granted independence by Proc. No. 2695, which

is set out as a note under section 1394 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1394 of this title.

-End-

-CITE-

22 USC Sec. 1392 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1392. Acquisition of military and naval bases by United States

-STATUTE-

After negotiation with the President of the Commonwealth of the

Philippines, or the President of the Filipino Republic, the

President of the United States is authorized by such means as he

finds appropriate to withhold or to acquire and to retain such

bases, necessary appurtenances to such bases, and the rights

incident thereto, in addition to any provided for by the Act of

March 24, 1934, as he may deem necessary for the mutual protection

of the Philippine Islands and of the United States.

-SOURCE-

(June 29, 1944, ch. 322, Sec. 2, 58 Stat. 626.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 24, 1934, as amended, referred to in text, is act

Mar. 24, 1934, ch. 84, 48 Stat. 456, as amended, which enacted

sections 1281a, 1391, 1393 to 1395 of this title, and section 1248

of Title 48, Territories and Insular Possessions, amended sections

1231 to 1234, 1237, 1238, 1239, 1241 to 1243, 1245, and 1247 of

Title 48, and enacted a provision set out as a note under section

1391 of this title. For complete classification of this Act to the

Code, see Tables.

-MISC1-

PHILIPPINE INDEPENDENCE

Philippine Islands granted independence by Proc. No. 2695, which

is set out as a note under section 1394 of this title, and they now

constitute a republic.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1385 of this title.

-End-

-CITE-

22 USC Sec. 1393 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1393. Supplementary sinking fund for bond payments; purchase

of bonds by United States; creation of special trust account

-STATUTE-

(a) to (f). Repealed. Apr. 30, 1946, ch. 244, title V, Sec.

511(2), 60 Stat. 158.

(g)(1) The Philippine Government shall pay to the Secretary of

the Treasury of the United States, at the end of each calendar

quarter, all of the moneys received during such quarter from export

taxes (less refunds), imposed and collected in accordance with the

provisions of this section, and said moneys shall be deposited in

an account with the Treasurer of the United States and shall

constitute a supplementary sinking fund for the payment of bonds of

the Philippines, its Provinces, cities, and municipalities, issued

prior to May 1, 1934, under authority of Acts of Congress:

Provided, however, That moneys received from any export tax imposed

on any article which is shipped from the Philippines to the United

States prior to July 4, 1946, and which is entered, or withdrawn

from warehouse for consumption, on or after July 4, 1946, shall be

refunded by the independent Government of the Philippines.

(2) The said Secretary of the Treasury is authorized to accept

the deposits of the proceeds of the export taxes referred to in

subdivision (1) of this subsection in accordance with section 1333

(!1) of this title.

(3) The Secretary of the Treasury of the United States, with the

approval of the Philippine Government, is authorized to purchase

with such supplementary sinking-fund bonds of the Philippines, its

Provinces, cities, and municipalities, issued prior to May 1, 1934,

under authority of Acts of Congress and to invest such fund in

interest-bearing obligations of the United States or in obligations

guaranteed as to both principal and interest by the United States.

Whenever the Secretary of the Treasurer (!2) finds that such fund

is in excess of an amount adequate to meet future interest and

principal payments on all such bonds, he may, with the approval of

the Philippine Government, purchase with such excess any other

bonds of the Philippines, its Provinces, cities, municipalities,

and instrumentalities. For the purpose of this subsection

obligations may be acquired on original issue at par, or by

purchase of outstanding obligations at the market price. Any

obligations acquired by the fund may, with the approval of the

Philippine Government, be sold by the Secretary of the Treasury at

the market price and the proceeds of such sale and the proceeds of

the payment upon maturity or redemption of any obligations held in

the supplementary sinking fund, as well as all moneys in any manner

earned by such fund or on any obligations acquired by said fund,

shall be paid into the said fund.

(4) During the three months preceding July 4, 1946, the

Philippine Government and the Secretary of the Treasury of the

United States shall confer to ascertain that portion of the bonds

of the Philippines, its Provinces, cities, and municipalities,

issued prior to May 1, 1934, under authority of Acts of Congress,

which will remain outstanding on July 4, 1946; and the Philippine

Government shall turn over to the Secretary of the Treasury of the

United States for destruction all such bonds that are then held,

canceled, or uncanceled, in any of the sinking funds maintained for

the payment of such bonds. After such outstanding portion of this

indebtedness is thus determined, and before July 4, 1946, (i) there

shall be set up with the Treasurer of the United States a special

trust account in the name of the Secretary of the Treasury of the

United States to pay future interest and principal payments on such

bonds; (ii) the Philippine Government shall pay to the Secretary of

the Treasury of the United States for deposit in this special trust

account all of the sinking funds maintained for the payment of such

bonds; and (iii) the Secretary of the Treasury of the United States

shall transfer into this special trust account all of the proceeds

of the supplementary sinking fund referred to in subdivision (1) of

this subsection. Any portion of such special trust account found by

the Secretary of the Treasury of the United States on July 4, 1946,

to be in excess of an amount adequate to meet future interest and

principal payments on all such outstanding bonds shall be turned

over to the Treasury of the independent Government of the

Philippines to be set up as an additional sinking fund to be used

for the purpose of liquidating and paying all other obligations of

the Philippines, its Provinces, cities, municipalities, and

instrumentalities. To the extent that such special trust account is

determined by the Secretary of the Treasury of the United States to

be insufficient to pay interest and principal on the outstanding

bonds of the Philippines, its Provinces, cities, and

municipalities, issued prior to May 1, 1934, under authority of

Acts of Congress, the Philippine Government shall, on or before

July 3, 1946, pay to the Secretary of the Treasury of the United

States for deposit in such special trust account an amount which

said Secretary of the Treasury determines is required to assure

payment of principal and interest on such bonds: Provided, however,

That if the Secretary of the Treasury of the United States finds

that this requirement would impose an undue hardship upon the

Philippines, then the Philippine Government shall continue to

provide annually the necessary funds for the payment of interest

and principal on such bonds until such time as the Secretary of the

Treasury of the United States determines that the amount in the

special trust account is adequate to meet interest and principal

payments on such bonds.

(5) On and after July 4, 1946, the Secretary of the Treasury of

the United States is authorized, with the approval of the

independent Government of the Philippines, to purchase at the

market price for the special trust account bonds of the

Philippines, its Provinces, cities, and municipalities, issued

prior to May 1, 1934, under authority of Acts of Congress. The

Secretary of the Treasury of the United States is also authorized,

with the approval of the independent Government of the Philippines,

to invest all or any part of such special trust account in any

interest-bearing obligations of the United States or in any

obligations guaranteed as to both principal and interest by the

United States. Such obligations may be acquired on original issue

at the issue price or by purchase of outstanding obligations at the

market price, and any obligations acquired by the special trust

account may, with the approval of the independent Government of the

Philippines, be sold by the Secretary of the Treasury at the market

price, and the proceeds of the payment upon maturity or redemption

of such obligations shall be held as a part of such special trust

account. Whenever the special trust account is determined by the

Secretary of the Treasury of the United States to be adequate to

meet interest and principal payments on all outstanding bonds of

the Philippines, its Provinces, cities, and municipalities, issued

prior to May 1, 1934, under authority of Acts of Congress, the

Secretary of the Treasury is authorized to pay from such trust

account the principal of such outstanding bonds and to pay all

interest due and owing on such bonds. All such bonds and interest

coupons paid or purchased by the special trust account shall be

canceled and destroyed by the Secretary of the Treasury of the

United States. From time to time after July 4, 1946, any moneys in

such special trust account found by the Secretary of the Treasury

of the United States to be in excess of an amount adequate to meet

interest and principal payments on all such bonds shall be turned

over to the treasurer of the independent Government of the

Philippines.

-SOURCE-

(Mar. 24, 1934, ch. 84, Sec. 6, 48 Stat. 459; Aug. 7, 1939, ch.

502, Sec. 1, 53 Stat. 1226; Apr. 30, 1946, ch. 244, title V, Sec.

511(2), 60 Stat. 158; Pub. L. 86-346, title I, Sec. 104(1), Sept.

22, 1959, 73 Stat. 622.)

-REFTEXT-

REFERENCES IN TEXT

Section 1333 of this title, referred to in subsec. (g)(2), was

omitted from the Code.

-MISC1-

PRIOR PROVISIONS

Similar provisions were contained in act Jan. 17, 1933, ch. 11,

Sec. 6, 47 Stat. 764.

AMENDMENTS

1959 - Subsec. (g)(5). Pub. L. 86-346 substituted "on original

issue at the issue price" for "on original issue at par".

1946 - Act Apr. 30, 1946, repealed opening par. and subsecs. (a)

to (f), (h) relating to relations with the United States pending

complete independence, and trade relations.

1939 - Act Aug. 7, 1939, amended section generally.

EFFECTIVE DATE OF 1946 AMENDMENT

Amendment by act Apr. 30, 1946 effective May 1, 1946, see section

512 of act Apr. 30, 1946, set out as an Effective Date note under

section 1354 of this title.

TERMINATION OF ACCEPTANCE OF DEPOSITS OF EXPORT TAXES

Authority of Secretary of the Treasury to accept deposits of

proceeds of export taxes in accordance with section 1333 of this

title terminated on July 1, 1951, under the provisions of act Aug.

7, 1946, ch. 809, Sec. 2, 60 Stat. 901.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1395 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "Treasury".

-End-

-CITE-

22 USC Sec. 1394 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1394. Recognition of Philippine independence

-STATUTE-

(a) Withdrawal of American sovereignty

On the 4th day of July immediately following the expiration of a

period of ten years from the date of the inauguration of the new

government under the constitution provided for in this Act, the

President of the United States shall by proclamation withdraw and

surrender all right of possession, supervision, jurisdiction,

control, or sovereignty then existing and exercised by the United

States in and over the territory and people of the Philippine

Islands, including all military and other reservations of the

Government of the United States in the Philippines (except such

naval reservations and fueling stations as are reserved under

section 1391 of this title), and, on behalf of the United States,

shall recognize the independence of the Philippine Islands as a

separate and self-governing nation and acknowledge the authority

and control over the same of the government instituted by the

people thereof, under the constitution then in force.

(b) Naval reservations and fueling stations

The President of the United States is authorized and empowered to

enter into negotiations with the government of the Philippine

Islands, not later than two years after his proclamation

recognizing the independence of the Philippine Islands, for the

adjustment and settlement of all questions relating to naval

reservations and fueling stations of the United States in the

Philippine Islands, and pending such adjustment and settlement the

matter of naval reservations and fueling stations shall remain in

its present status.

(c) Property for diplomatic purposes

(1) Whenever the President of the United States shall find that

any properties in the Philippines, owned by the Philippine

Government or by private persons, would be suitable for diplomatic

or consular establishments of the United States after the

inauguration of the independent Government, he may, with the

approval of the Philippine Government, and in exchange for the

conveyance of title to the United States, transfer to the said

Government or private persons any properties of the United States

in the Philippines. Title to any properties so transferred to

private persons, and title to any properties so acquired by the

United States, shall be vested in fee simple in such persons and

the United States, respectively, notwithstanding the provisions

contained in subsection (a) of this section.

(2) Whenever, prior to July 4, 1946, the President of the United

States shall find that any properties of the United States in the

Philippines would be suitable for diplomatic and consular

establishments of the United States after the inauguration of the

independent Government, he shall designate the same by the issuance

of a proclamation or proclamations, and title to any properties so

designated shall continue to be vested in fee simple in the United

States notwithstanding the provisions contained in subsection (a)

of this section.

(3) Title to the lands and buildings pertaining to the official

residences of the United States High Commissioner to the Philippine

Islands in the cities of Manila and Baguio, together with all

fixtures and movable objects, shall continue to be vested in the

United States after July 4, 1946, notwithstanding the provisions

contained in subsection (a) of this section.

(4) Administrative supervision and control over any properties

acquired or designated by the President of the United States

pursuant to this subsection, and over the official residences in

the Philippines of the High Commissioner, shall, on and after July

4, 1946, be exercised by the Secretary of State, in accordance with

Acts of Congress relating to property held by the United States in

foreign countries for official establishments.

-SOURCE-

(Mar. 24, 1934, ch. 84, Sec. 10, 48 Stat. 463; Aug. 7, 1939, ch.

502, Sec. 3, 53 Stat. 1230.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is act Mar. 24, 1934, ch.

84, 48 Stat. 456, as amended, which enacted sections 1281a, 1391,

1393 to 1395 of this title, and section 1248 of Title 48,

Territories and Insular Possessions, amended sections 1231 to 1234,

1237, 1238, 1239, 1241 to 1243, 1245, and 1247 of Title 48, and

enacted a provision set out as a note under section 1391 of this

title. For complete classification of this Act to the Code, see

Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those contained in subsec. (a) of this

section were contained in the first par. of section 10 of act Jan.

17, 1933, ch. 11, 47 Stat. 768.

AMENDMENTS

1939 - Subsec. (c). Act Aug. 7, 1939, added subsec. (c).

EFFECTIVE DATE OF 1939 AMENDMENT

Section 7 of act Aug. 7, 1939, provided that act Aug. 7, 1939,

should become effective on Jan. 1, 1940, if certain conditions were

fulfilled. The conditions were fulfilled and section became

effective on said date.

INDEPENDENCE DATE ADVANCED

Section 3 of act June 29, 1944, ch. 322, 58 Stat. 626, provided

in part that date of independence could be advanced prior to July

4, 1946, but it was not done.

-EXEC-

PROC. NO. 2695. PHILIPPINE INDEPENDENCE

Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352,

provided:

The United States of America hereby withdraws and surrenders all

rights of possession, supervision, jurisdiction, control, or

sovereignty now existing and exercised by the United States of

America in and over the territory and people of the Philippines;

and,

On behalf of the United States of America, I do hereby recognize

the independence of the Philippines as a separate and

self-governing nation and acknowledge the authority and control

over the same of the government instituted by the people thereof,

under the constitution now in force.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1395 of this title.

-End-

-CITE-

22 USC Sec. 1395 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 1395. Definitions

-STATUTE-

(a) As used in sections 1393 and 1394 of this title -

(1) The term "United States", when used in a geographical

sense, but not the term "continental United States", includes all

Territories and possessions of the United States, other than the

Philippines.

(2) The term "cordage" includes yarns, twines (including

binding twine described in paragraph 1622 (!1) of section 1201 of

title 19), cords, cordage, rope and cable, tarred or untarred,

wholly or in chief value of manila (abaca) or other hard fiber.

(3) The term "Philippine Government" means the Government of

the Commonwealth of the Philippines.

(4) The term "United States duty", when used in connection with

the computation of export taxes, means the lowest rate of

ordinary customs duty in effect at the time of the shipment of

the article concerned from the Philippines and applicable to like

articles imported into the continental United States from any

foreign country, except Cuba, or when more than one rate of

ordinary customs duty is applicable to such like articles, the

aggregate of such rates.

(5) The term "refined sugars" possesses the same meaning as the

term "direct-consumption sugar" as defined in section 1101 (!1)

of title 7.

(6) The term "Philippine article" means an article the growth,

produce, or manufacture of the Philippines, in the production of

which no materials of other than Philippine or United States

origin valued in excess of 20 per centum of the total value of

such article was used and which is brought into the United States

from the Philippines.

(7) The term "American article" means an article the growth,

produce, or manufacture of the United States, in the production

of which no materials of other than Philippine or United States

origin valued in excess of 20 per centum of the total value of

such article was used and which is brought into the Philippines

from the United States.

(8) The term "Philippine import duty" means the lowest rate of

ordinary customs duty applicable at the port of arrival, at the

time of entry, or withdrawal from warehouse, for consumption of

the article concerned, to like articles imported into the

Philippines from any other foreign country, or when more than one

rate of ordinary customs duty is applicable to such like

articles, the aggregate of such rates.

(b) As used in subsection (a) of this section:

(1) The terms "includes" and "including" shall not be deemed to

exclude other things otherwise within the meaning of the term

defined.

(2) The term "ordinary customs duty" shall not include any

import duty or charge which is imposed to compensate for an

internal tax imposed in respect of a like domestic product or in

respect of a commodity from which the imported product has been

manufactured or produced in whole or in part.

-SOURCE-

(Mar. 24, 1934, ch. 84, Sec. 18, as added Aug. 7, 1939, ch. 502,

Sec. 5, 53 Stat. 1231.)

-REFTEXT-

REFERENCES IN TEXT

Paragraph 1622 of section 1201 of title 19, referred to in

subsec. (a)(2), was repealed by act May 24, 1962, Pub. L. 87-456,

title I, Sec. 101(a), 76 Stat. 72.

Since their independence, the Philippine Islands have been a

republic, and are no longer designated as a "Commonwealth" as

referred to in par. (3) of subsec. (a) of this section. See note

below.

Section 1101 of title 7, referred to in subsec. (a)(5), was

omitted from the Code.

-MISC1-

PHILIPPINE INDEPENDENCE

Philippine Islands granted independence by Proc. No. 2695, set

out as a note under section 1394 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-




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