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
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES
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CHAPTER 15 - THE REPUBLIC OF THE PHILIPPINES
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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 Omitted or Repealed.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.
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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.
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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
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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
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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.
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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.
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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.
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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
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PART 2 - QUOTAS
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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
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Secs. 1261 to 1266. Omitted
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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.
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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
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22 USC Secs. 1271 to 1274 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-
Secs. 1271 to 1274. Omitted
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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.
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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
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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.
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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.
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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
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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.
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22 USC SUBCHAPTER II - OBLIGATIONS OF PHILIPPINES 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
-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.
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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
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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-
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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-
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22 USC Secs. 1311 to 1313 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 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
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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
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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-
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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-
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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-
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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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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |