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

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