22 U.S.C. § 1394 — Recognition of Philippine independence
submitted 92 years ago by ch. 84 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 588 words · no verdicts yet
This section provides for the end of U.S. sovereignty over the Philippines and recognition of Philippine independence, while preserving and later addressing certain naval facilities and U.S. diplomatic property.
(a) Withdrawal of sovereignty. On July 4 immediately after ten years have passed from the inauguration of the new government under the Act’s constitution, the President must proclaim that the United States withdraws and surrenders all then-existing U.S. rights of possession, supervision, jurisdiction, control, and sovereignty over the Philippine Islands and their people, including U.S. military and other reservations, except naval reservations and fueling stations reserved under section 1391. For the United States, the President must recognize the Philippine Islands as a separate, self-governing nation and acknowledge the authority and control of the government established by its people under the constitution then in force.
(b) Naval reservations and fueling stations. Within two years after the independence proclamation, the President may negotiate with the Philippine government to adjust and settle all questions about U.S. naval reservations and fueling stations. Until settled, their status remains unchanged.
(c) Diplomatic property. (1) If the President finds that Philippine-government or privately owned property would suit U.S. diplomatic or consular establishments after independence, he may, with Philippine approval and in exchange for title to the United States, transfer U.S. property in the Philippines to the Philippine government or private persons. Title to property transferred to private persons and property acquired by the United States is vested in fee simple despite subsection (a). (2) Before July 4, 1946, the President must designate by proclamation any U.S. property in the Philippines he finds suitable for those establishments; title to designated property remains in the United States despite subsection (a). (3) Title to the lands, buildings, fixtures, and movable objects of the U.S. High Commissioner’s official residences in Manila and Baguio remains in the United States after July 4, 1946, despite subsection (a). (4) From July 4, 1946, the Secretary of State exercises administrative supervision and control over property acquired or designated under this subsection and the High Commissioner’s official residences, under Acts of Congress governing U.S. property abroad for official establishments.
On the 4th day of July immediately following the expiration of a period of ten years from the date of the inauguration of the new government under the constitution provided for in this Act, the President of the United States shall by proclamation withdraw and surrender all right of possession, supervision, jurisdiction, control, or sovereignty then existing and exercised by the United States in and over the territory and people of the Philippine Islands, including all military and other reservations of the Government of the United States in the Philippines (except such naval reservations and fueling stations as are reserved under section 1391 of this title), and, on behalf of the United States, shall recognize the independence of the Philippine Islands as a separate and self-governing nation and acknowledge the authority and control over the same of the government instituted by the people thereof, under the constitution then in force.
The President of the United States is authorized and empowered to enter into negotiations with the government of the Philippine Islands, not later than two years after his proclamation recognizing the independence of the Philippine Islands, for the adjustment and settlement of all questions relating to naval reservations and fueling stations of the United States in the Philippine Islands, and pending such adjustment and settlement the matter of naval reservations and fueling stations shall remain in its present status.
Whenever the President of the United States shall find that any properties in the Philippines, owned by the Philippine Government or by private persons, would be suitable for diplomatic or consular establishments of the United States after the inauguration of the independent Government, he may, with the approval of the Philippine Government, and in exchange for the conveyance of title to the United States, transfer to the said Government or private persons any properties of the United States in the Philippines. Title to any properties so transferred to private persons, and title to any properties so acquired by the United States, shall be vested in fee simple in such persons and the United States, respectively, notwithstanding the provisions contained in subsection (a) of this section.
Whenever, prior to July 4, 1946, the President of the United States shall find that any properties of the United States in the Philippines would be suitable for diplomatic and consular establishments of the United States after the inauguration of the independent Government, he shall designate the same by the issuance of a proclamation or proclamations, and title to any properties so designated shall continue to be vested in fee simple in the United States notwithstanding the provisions contained in subsection (a) of this section.
Title to the lands and buildings pertaining to the official residences of the United States High Commissioner to the Philippine Islands in the cities of Manila and Baguio, together with all fixtures and movable objects, shall continue to be vested in the United States after July 4, 1946, notwithstanding the provisions contained in subsection (a) of this section.
Administrative supervision and control over any properties acquired or designated by the President of the United States pursuant to this subsection, and over the official residences in the Philippines of the High Commissioner, shall, on and after July 4, 1946, be exercised by the Secretary of State, in accordance with Acts of Congress relating to property held by the United States in foreign countries for official establishments.
Source credit: (Mar. 24, 1934, ch. 84, § 10, 48 Stat. 463; Aug. 7, 1939, ch. 502, § 3, 53 Stat. 1230.)
- 1934Enacted · Act of Mar. 24, 1934, ch. 84 · 48 Stat. 463
- 1939Amended · Act of Aug. 7, 1939, ch. 502 · 53 Stat. 1230
A history note hasn’t been published yet. The record shows enactment by ch. 84 on 1934-03-24.
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