NY
Revised June
23,
8
ee
iS980
411825
June
15,
1980
MEMORANDUM TO MR. COPAKEN
Legal Aspects of a Proposal to Amend the
Compact of Free Association
I.
Introduction
1.
The Committee on Energy and Natural Resources
of the United States Senate recently held preliminary hearings
on the Compact of Free Association,
the Governments of the Marshall
on January 14,
which was
Islands
initialled by
and the United States
1980.
It is our understanding that at those hearings,
Chairman of the Committee,
Senators J.
Senator Henry M.
Bennett Johnston and James A.
their concern that,
pursuant to
Jackson,
ihe
and
McClure expressed
section 354
of the
Compact,
the right of denial established by section 311(b)(2) would
terminate on the 15th anniversary of the effective date of
the Compact
(or at the end of the extension provided for by
section 231),
unless prolonged by mutual agreement.
2.
Bierne,
In subsequent conversations with tr.
the Committee's Legal Counsel,
the concerns raised by
Senators
James
it was suggested that
Jackson,
Johnston and McClure,
as well as certain preexisting concerns of the Government of
the Marshall Islands,
to the Compact,
might be solved by means of an amendment
embodying the following Four Points:
Meaa 4 (s/o) -
Smemp LOWOOS, 5/9,vo)
ce