Muller
at
the
ft is almost $1.9 million
— in checks.
with the latest Kwajalein payments in the bag.
Majuro airport Wednesday
Vincent
It's in
the bag
Volume 14, Number 56
.
Law
Marshall Islands, including tradi-
from Marshall Islands Taxa
ra
=
,
a
Section 3 - Enewetak Cable
cable to che people of Bikini,
~
Sy acceptance of
other use of these vessels could be hezardous.
auch right, title and intereec, the Government of the Marshall
United Scares
the
of
Government
the
harmless
hold
Telands shall
ls,
damage and liabilicy associated with such ve
from lo
and liabilicy
damage
loss,
any
ordnance, oi] and cable, including
lvaga operations or other sotivity chac
that may resulc from
the Government of the Marshall Islands or the people of Bikini
The
cake oF cause to be Cakan concerning such vessels or cable.
Government of che Marshall Islands shall transfer, in accordance
and
vessels
such
to
, title
with its consticucional proce
Pursuant to Section 234 of che Compact, any rights, title
to
and interest the Governmenc of che United States may ha
aunken vessels and cable situated in the Bikini lagoon ae of the
affective date of thia Agreement is transferred to the Govarnment
of the Marshall Islands without reimbursement or transfer of
Ic 4a understood that unexpended ordnance and ofl remains.
funds.
Section 2 - Bikini Sunken Vessels and Cable
people of Bikini at a time which cannot now be determined.
to provide funds for che resettlement of Bikini Aroll by the
The Government of che United States reaffirms its commitment
Section 1 - Resattlement
Resettlement of Bikini Atoll and Conveyance of Propert
In respect to Bikini Atoll and Enewetak Ato
Article VI
The exemptions provided pursuant to Sections 1 end 2 of chis
Arcicle are withouc prejudice co any. exemptions otherwise applicable.
Sectton 3 - Orher Exemptions
and any distribucion of those sums shall not be subject to taxe_ tion by the Government of che Marshall Islands, but, sfter distribution co individuals or other entities, the earnings of such
distribuced funda shall not be entitled to che Cax exemption
provided in this Section.
Section 2 - Exemption
AgreeThe sume provided for in Arcicles I and 13 of chia
jece to
ment, and any earninge derived therefrom, shall not be
subdipoliticel
its
or
States
Uniced
the
by
taxacion
any form of
visions to the excent that those sums and any earnings derived
States.
United
the
in
therefrom remain intact in an institucion
Distribution of those sums and any earnings derived therefrom to
individuals or other encicies shall not be a tranaaction taxable
by the Covernmenct of the United Scates, but, after distribution,
the earnings of such distribured funds shall not be entitled to
the cax exemption provided in chis Section.
tion from
Tax Provisions
Article V
or incernational law, to che laws of the Uniced States,
tional lew, Co incernational law and, in the absence of domestic
reference to the laws of che
In determining sny legal issue, the Claims Tribunal may have
Section 3 - Governt
Espousal
Article
X
XI
Article XIIL
Administrative Provisions
.
,
@---8--
ane
-@.
(b) The Government of the Marshall Islands may, from tine
to time, request from che Government of the United Scaces saetetance of an advisory nature with respect ta che implementation of
thie Agreement, including the investment of che Fund in inacrumente of che Governnmenc of the United States and tne establishSuch advisory assis~ment and operation of che Cleims Tribunal.
tance shall be provided in accordance with the provisions of
(a) The Government of the United States and the Government
of the Marshall Islands shall consuic ac the request of either of
them on macters relacing to the provisions of this Agreement.
Section 3 - Consultsetion
tation of this Agreement in accordance with tte terme.
procedures wich the provisions of this Agreement and che implemen-
Necessary steps, of a general or patticular character, to ensure
the conformity of its laws, regulations and administrative
The Government of che Marshall Ielands shell cake all
Section 2 - Implenentacion
This Agreement shall come into effect simultaneously with
the Compace in accordance with Section 177 of che Compact.
Section 1 - Effective Date
\
shell be cerminated.
No courc of the United Scares shall have
jurisdiction to entertain such claims, and any such claims
pending in che courts of the United States shall be diam
All claims described in Arcicles XK and XI of this Agreement
United Scates Courts
Article XIL
actions or proceedings which may hereafter be
erted or brought
by or on behalf of che Covernment of che Marshall Islands, ics
citizens and nationals, in any court or other judicial forum
based on, acising out of or in any way related co the Nuclear
Testing Program.
The amount of such indemnification shall not,
in che aggregate, exceed $150 million, and the Government of the
Marshall Islands ahall use or cause the Fund, or other sums
available co ic, to be used as necessary CoO cover or satiafy the
indemificacton set forth in thie Arcicle.
from all claims set forch in Article Xofthis Agreement, and all
Marshall Islands, on behalf of icself and ite citizens and
nationsle, shall indemnify and hold harmless the United States,
ite agente, employees, contractors and citizens and nationals,
of the amounte eet forth in chis Agreement, the Government of the
Subject to Article IX, and in consideration for the psymenc
Indemnity
Arcicle
The Government of the Marshall Islands shall terminate any
legal proceedings in the courts of the Marshall Islands againet
the Uniced States, ite agents, employees, contractors and
citizens and nacionals, involving claims of the Government,
citizens and nationals of che Marshall Islands, arising ouc of
the Nuclear Testing Program and shall nullify all atcachments o¢
any judgmenca accained relating co such proceedinga
Section 2 - Termination of Legal Proceedings
in any way related to che Nuclear Testing Program, and
of, or are
which are against the United Scates, its agents, employees,
contractors and citizens and nationals, and of ali claims for
equitable or any other relief in connection with such claims
including any of those claimsa which may be pending or which may
be filed in any courc or other judicial or administrative forum,
including the courts of the Marshall Islands and che courts of
the United States and ics political subdivisions.
Thie Agreement constitutes che full setclemenc of all
of the Government, citizens and
present and future,
claims, past,
nationals of che Marshall Ielandsa which are based upon, arise out
Seccion 1 - Full Settlement of All Claims
Friday, July 15, 1983
account the validity of the claim, any prior compensation made as
a result of such claim and such ocher factors as it may deen
Costs of proceedings before the Claims Tribunal
appropriate.
shall be a charge on Annual Proceeds, subject co determination of
the Claims Tribunal, the laws of che Marshall Islands and distribucions made under Sections L chrough 6 of Arcicle I1l.of chis
Such costs shall also include the cost of defending
Agreement.
the Fund.
From page 6
177 continued ©
MARSHALL ISLANDS JOURNAL
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