lein payments in the bag.
It is almost $1.9 million
~ in checks,

Vincent Muller at the
Majuro airport Wednesday
with the latest Kwaja-

.

.

from Marshall Islands Taxation

-

provided for in Articles I and II of chie Agreement

*

The

Section } ~ Enewecak Cable

cable to che people of Bikini.

-

.

with ite conatitucional processes, citle to such ve

and

Government of the Marshall Islands shall transfer, in accordance

take or cause to be caken concerning such vessels or cable.

the Government of the Marshall Islands or the people of Bikini

Ie ie understood that unexpended ordnance and o11 remains,
funds.
la, and that salvage or any
within the hulls of such sunken v
By accepcance oa:
of these vessels could be hazardous.
use
other
such right, title and tncerest, the Government of the Marshall
United States
the
of
Government
the
hermless
hold
shall
Islands
from lose, damage and liability associated vith such vessele,
and liabilicy
demage
loss,
any
ordnance, 011 and cable, including
@ thac may resulc from salvage operations or other setivity chat

of che Marshall Islands without reimbursement or transfer of

. ticle
Purevant to Section 234 of the Compact,
at the Government of the Uniced States may have to
and int
of the
as
legoon
Bikini
sunken vessels and cable situated in the
effective date of chis Agreement is transferred to the Government

Section 2 - Bikini Sunken Vessels and Cable

people of Bikini at « time which cannot now be determined.

The Government of the United States reaffirms ice coumitment
to provide funds for the resettlement of Bikini Atoll by the

Section 1 - Resettlement

Article vi

e

.*

The exemptions provided pursuant to Sections “Land 2 of this
Article are without prejudice to any, exemptions otherwise appliceble.

Section 3} - Other Exemptiona

tribucton to individuals or other entities, the earnings of such
distributed funds shall not bo entitled to che tax exemption
provided in this Section.

_ tion by che Government of the Marshall Islands, but, after _die-

and any distribucion of those eums shall not be subject to taxa-

The sums

Section 2 - Exemption

any form of taxation by the United States or its political subdtvisions to che excent chat those sums and eny earnings derived
therefrom remain intact in an institucion in the United States.
Distribution of those sums and any earnings derived therefrom to
individuale or other entities shall not be « transaction taxable
by the Government of the United Scates, but, after distribution,
the eernings of such diatribuced funde shall not be entitled co.
the tax exemption provided in this Section.

ment, and any earnings derived therefrom, shall not be subject to

Tax Provision

Article V

In determining any legal fiseuve, che Claime Tribunal may have
Marshall Lalands, including tradiveference to the laws of ¢
tional law, co internacional law and, in the absence of dowestic
. to the laws of the United States.
or incernactonal 1

.

X

Ct,
present and future, of the Government, citizens and
Marshall Islands which are based upon, arise out
Of, or are in any way related to the Nuclear Testing Progran, and
which are against the United States, its agents, employees,
contractors and citizens and nationals, and of all clains for
equitable or any other relief in connection with such cleaias
including any of those claims which may be pending or which may
be filed in any courc or ather judicial or administrative forum,
including che courte of the Marshall Islands and che courts of
the United Sceces and its political subdiviaeions.

This Agreement constitutes the full settlement of all

nationals of the

clains,

Section 1 - Full Settlement of All Claims

Espousal

article

XI

shall indemnify end hold haraless the United States,

it, to

be used

as necessary

to

ohell be terminated.

cover

cower

No court of the United Scaces shall

have
Article XIII

Administrative Provisions

‘

(a)

The Government of the United States end the Government

tance shall be provided in accordance with the provisions of

mente of the Government of the United States and tne eatablishment and operation of che Cleims Tribunal. Such advisory assis-

to Cima, request from che Government of the United States asaietance of an advisory nature with reapact to the implementation of
thie Agreesent, including the investaenc of che Fund in inecru-

them on matters relating to the provisions of this Agreement.

of che Marshall Islands shall consule at the request of either of

general or particular character, to ensure
laws,
regulacions and adainistrative
procedures with the provisions of this
Teement and the tmplementacion of thie Agreement in accordance with its terme.

The Governsent of che Marshall lIelands shall cake all

necessary steps, of a
the conformity of ita

This Agreement shail come into effect simultaneously with
the Compact in accordance with Section 177 of the Compact.

.

jurisdiction co entertain such claims, and any such claims pending in the courts of the United Staces shall be dia
ed.

reesment

or eactety the

All claias described in Articles X and XI of this

United Sctetes Courcs

Arcicle XIE

indemificaction set forth in this arcicle.

aveilable to

citizens and nationals, in any coure or other judicial forum
based on, arising out of ar in any way related co the Nuclear
Testing Program.
The amount of such indemnification shall not,
in che eggregate, exceed $150 million, and the Government of the
eHarenall Telands shall use or cause the Fund, or other suas

by or on behalf of the Government of the Marshall Islands, decene

ite agente, eaploye
contractors and citizens and nationals,
from all claims set forth in Article X ofchie Agreement, and all

nationals,

Marghall Ielands, on behalf of itself and {te citizens and

of che amounts sec forth in chis Agreement, the Government of the

Subject to Articke IX, and in consideration for che paywenc

Indemnity

Article

legal proceedings in the courts of che Marshall Islands againec
the United Scaces, its agents, employees, contractors and
cicizens and nationals, involving claims of the Government,
citizens and nationals of che Marshall Islands, arising out of
the Wuclear Testing Program and shall nullify all atcachmencs of
any judgments accained relating to such proceedings.

The Government of the Marahail Islands shall cerminate dny

_ Section 2 - Termination of Legal Proceedings

:

Friday, July 15, 1983

account the validity of the claim, any prior compensation made as
‘
3 resule of such claim and such other factors as it may deen
Coste of proceedings bafore the Cleins Tribunal
appropriate.
shall be a charge on Annual Proceeds, subject to determination of
the Cleiws Tribunal, che laws of che Marshall Islands end distribucione wade under Sections 1 through 6 of Article 11 of this
Such costs shall also include the cost of defending
Agreemenc.
the Fund.

- From page 6

Volume 14, Number 56

177 continued —

MARSHALL ISLANDS JOURNAL

Itsin .
the bag

Page 8

*

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