the bag account the validityof the claim, any prior compensation aade sa a resule of such claim and such ocher factors as it may deen appropriate. Coste of proceedings bafore the Claims Tribunal shall be a charge on Annual Proceeds, subject co deCermination of ' the Claims Tribunal, the laws of the Marshall Islands and distributions made under Seceions 1 chrough 6 of Article Il.of this the Fund. . Such costs shall also include the cost of defending This Agraement constitutes che Full settlement of all claims, past, present and future, of the Government, citizens and nationals of che Marshal) Ialands which are based upon, arise out | of, or are in any way related to the Nuclear Testing Program, and which are against the United Scates, its agents, employees, contractore and citizens and nationals, and of all claims for equitable or any other relief in connection wich such claims including any of those claims which may be pending or which may be filed in any courc or other judicial or administrative forum, the United Scaces and its political subdivisions. In determining any legal fesue, the Claime Tribunal way have Teference to the laws of the Marshall Ielands, including traditional law, to internacional law and, in the absence of domestic or incernational law, to the Laws of the United States, Section 1 - Exemption from United Stati Tha Government of the Marshall Islands shall cerminace any legal proceedings in the courts of the Marshall Islands against the Uniced States, ite agents, employees, contractors and the Nuclear Testing Program and shall nullify all attachments of . any judgments attained relating co such proceedings. TJaxation The suma provided for in Arciclea 1 and Il of this Agreement, and any earninge derived therafrom, shall not be subject to any fore of cauation by the United States or its political subdi- Visions to che excent that those sums and any earninge derived therefrom remain intace in an institution in che United States. Diacribucion of those sums and any earnings derived therefrom to individuals or other enricies shall not be a transaction caxable by che Government of the United Scates, but, after distribution, the earnings of such distributed funds shall noc be entitled to. the tax exemption provided in this Section. Section 2 - Exemption from Marshall Islands Taxation The sums rovided for in Articles I and II and any distri clon of those sums shall not be . ion by the Government of the Marshall Islands, tribution to individuals or other encities, the _ Section 2_- Termination of Legal Proceedings citizens and nacionals, involving claims of the Governmenc, citizens and nationals of the Marshall Islands, arising our of Article ¥ Tax Provisions . Article Subjact to Arcicle IX, and in consideration for the paysent of che amounts set forth in this Agreement, the Covernment of the Marshall Isiands, on behalf of itself and ite citizens and nationals, shall indemnify and hold harmless the United States, ite agents, employees, contractors and citizens and nationals, from all claims set forth in Article Xofchis Agreemont, and all actions or proceedings which may hereafter be asserted or brought by or on behalf of che Government of the Marshall Islands, ice aubject ro taxa- but, after diseatnings of such based on, arising out of or in any way related co the Nuclear Testing Program. The amount of such indemnification shall not, in the aggregate, exceed $150 million, and the Government of the Marshall Islands shall use or cause the Fund, or other sums available co it, to be used as necessary to cover or satisfy the indemnification aec forth in this Article. , Article XIL Section 3 - Orher Exemptions ~ = Article XIII * ’ iw The Government of che United States reaffirms its commitment to provide funds for the resettlement of Bikini Atoll by the people of Bikini at a time which cannot now be determined. Saction 2 - Bikini Sunken Vessels and Cable Pursuant to Section 234 of the Compact, any rights, title and interest the Government of the United States may have to sunken vessels and cable situated in the Bikini lagoon as of tha effective date of this Agreement is transferred to the Govarnment of the Marshall Islands without reimbursement or transfer of unds. Tt is understood chat unexpended ordnance and oil remains, Within the hulle of such sunken vessels, and that salvage or an other use of chese vessels could be hazardous. Sy acceptance o such right, ticle and interest, che Government of the Marshall Telands shall hold harmless the Government of the United Srates from loss, damage and liability associated with such vessels, ordnance, 011 and cable, including any loss, damage and liabilicy thac may result from salvage operations or other sotivity thac the Government of the Marshall Islands or the people of Bikini Cake or cause to be taken concerning such vessels or cable. — pending in the courts of the United Stetes shall be diamissed, Resettlement of Bikini Atoll and Conveyance of Pro ert The Government of the Marshall Islands shall transfer, in accordance with ica constitutional processes, title to such vessels and cable co che people of Bikini, ~~ Section 3 - EnewetakCable All claims described in Articles X and XI of this Agreement ehall be cerminared. No court of the United States shall have jurisdiction to entertain such claims, and any such clains Articles VI — in checks. United Scates Courts we The exemptions provided pursuant to Sections 1 and 2 of this Article are without prejudice to any. exemptions otherwise applicable, with the latest Kwaja- , lein payments in the bag. It is almost $1.9 million x! Indemnity . eitizens and nationals, in any coure or other judicial forum of chia Agreement discributed funds shall not be entitled to the tax exemption Provided in this Section. Vincent Muller at the Majuro airport Wednesday ” including the courte of the Marshall Islands and che courts of Section 3 - Governing Law Section 1 - Resettlement x Espousal Section 1_- Full Settlement of All Clains . - From page 6 Agreement. eee ee eee Itsin= 177 continued — Article ‘ oe eee ak. Friday, July 15, 1983 Administrative Provisions Section 1 - Effective Dace This Agreement shall’ come into effect simultaneously with the Compact in accordence with Section 177 of the Compact. Seccion 2 - Implementation The Government of the Marshall Ielande shall cake all) . necessary steps, of a general or particular character, to ensure the conformity of its laws, regulacions and administrative procedures with the provisions of this Agraemant and the iuplementation of thie Agreement in accordance with its terms. Section 3 - Consultation (a) The Government of the Uniced States and the Government of the Marshall Lelands shall consult at the request of either of them on mecters relating cto the provisions of chis Agreament. (>) The Government of the Marshall Lelands asy, from tine to time, request from che Government of the United States aseistance of an advisory nature with respect to the implemencation of thie Agreement, including che invescaent of the Fund in instru- mence of the Government of the United States and tne eatablishmenc and operation of the Claims Tribunal. Such advisory assietance shall be provided in accordance with the provisions of 2 eee oe a ee m. ee ee MARSHALL ISLANDS JOURNAL Volume 14, Number 56