Title 22Foreign Relations and IntercourseRelease 119-73

§1393 Supplementary sinking fund for bond payments; purchase of bonds by United States; creation of special trust account

Title 22 › Chapter CHAPTER 15— - THE REPUBLIC OF THE PHILIPPINES › Subchapter SUBCHAPTER VI— - MISCELLANEOUS PROVISIONS › § 1393

Last updated Apr 6, 2026|Official source

Summary

The Philippine Government must send the U.S. Treasury, at the end of every calendar quarter, all money it collected that quarter from export taxes (after refunds). That money goes into an account with the U.S. Treasurer and becomes a supplementary sinking fund to help pay bonds of the Philippines, its provinces, cities, and towns that were issued before May 1, 1934. Export taxes collected on goods shipped from the Philippines to the United States before July 4, 1946 but entered into U.S. customs on or after that date must be refunded by the independent Philippine Government. The U.S. Treasury Secretary can accept those deposits and, with the Philippine Government’s approval, use the fund to buy those old Philippine bonds or invest in U.S. interest‑bearing obligations or U.S.‑guaranteed obligations. If the fund has more money than needed for future payments, the Secretary, with approval, may buy other Philippine debts. In the three months before July 4, 1946, the Philippines and the U.S. Treasury must agree which pre‑May 1, 1934 bonds will still be outstanding on July 4, 1946. The Philippines must turn over bonds it holds for destruction. Before July 4, 1946 a special trust account must be set up to pay future interest and principal on those remaining bonds; the Philippines must deposit its sinking funds into it, and the Secretary must move the supplementary fund money into it. If the special trust account has more money than needed on July 4, 1946, the extra goes to the Philippine Treasury as another sinking fund. If it is short, the Philippines must pay by July 3, 1946 the amount the U.S. Treasury says is needed, unless that would cause undue hardship, in which case the Philippines must continue annual payments until the account is adequate. After July 4, 1946, with Philippine approval, the Secretary may buy, sell, or invest the trust account in the same ways, and when the account can cover all outstanding qualifying bonds the Secretary may pay them off and cancel them; any later excess funds must be given to the Philippine treasurer.

Full Legal Text

Title 22, §1393

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)to (f). Repealed. Apr. 30, 1946, ch. 244, title V, § 511(2), 60 Stat. 158.
(g)(1)The Philippine Government shall pay to the Secretary of the Treasury of the United States, at the end of each calendar quarter, all of the moneys received during such quarter from export taxes (less refunds), imposed and collected in accordance with the provisions of this section, and said moneys shall be deposited in an account with the Treasurer of the United States and shall constitute a supplementary sinking fund for the payment of bonds of the Philippines, its Provinces, cities, and municipalities, issued prior to May 1, 1934, under authority of Acts of Congress: Provided, however, That moneys received from any export tax imposed on any article which is shipped from the Philippines to the United States prior to July 4, 1946, and which is entered, or withdrawn from warehouse for consumption, on or after July 4, 1946, shall be refunded by the independent Government of the Philippines.
(2)The said Secretary of the Treasury is authorized to accept the deposits of the proceeds of the export taxes referred to in subdivision (1) of this subsection in accordance with section 1333 11 See References in Text note below. of this title.
(3)The Secretary of the Treasury of the United States, with the approval of the Philippine Government, is authorized to purchase with such supplementary sinking-fund bonds of the Philippines, its Provinces, cities, and municipalities, issued prior to May 1, 1934, under authority of Acts of Congress and to invest such fund in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. Whenever the Secretary of the Treasurer 22 So in original. Probably should be “Treasury”. finds that such fund is in excess of an amount adequate to meet future interest and principal payments on all such bonds, he may, with the approval of the Philippine Government, purchase with such excess any other bonds of the Philippines, its Provinces, cities, municipalities, and instrumentalities. For the purpose of this subsection obligations may be acquired on original issue at par, or by purchase of outstanding obligations at the market price. Any obligations acquired by the fund may, with the approval of the Philippine Government, be sold by the Secretary of the Treasury at the market price and the proceeds of such sale and the proceeds of the payment upon maturity or redemption of any obligations held in the supplementary sinking fund, as well as all moneys in any manner earned by such fund or on any obligations acquired by said fund, shall be paid into the said fund.
(4)During the three months preceding July 4, 1946, the Philippine Government and the Secretary of the Treasury of the United States shall confer to ascertain that portion of the bonds of the Philippines, its Provinces, cities, and municipalities, issued prior to May 1, 1934, under authority of Acts of Congress, which will remain outstanding on July 4, 1946; and the Philippine Government shall turn over to the Secretary of the Treasury of the United States for destruction all such bonds that are then held, canceled, or uncanceled, in any of the sinking funds maintained for the payment of such bonds. After such outstanding portion of this indebtedness is thus determined, and before July 4, 1946, (i) there shall be set up with the Treasurer of the United States a special trust account in the name of the Secretary of the Treasury of the United States to pay future interest and principal payments on such bonds; (ii) the Philippine Government shall pay to the Secretary of the Treasury of the United States for deposit in this special trust account all of the sinking funds maintained for the payment of such bonds; and (iii) the Secretary of the Treasury of the United States shall transfer into this special trust account all of the proceeds of the supplementary sinking fund referred to in subdivision (1) of this subsection. Any portion of such special trust account found by the Secretary of the Treasury of the United States on July 4, 1946, to be in excess of an amount adequate to meet future interest and principal payments on all such outstanding bonds shall be turned over to the Treasury of the independent Government of the Philippines to be set up as an additional sinking fund to be used for the purpose of liquidating and paying all other obligations of the Philippines, its Provinces, cities, municipalities, and instrumentalities. To the extent that such special trust account is determined by the Secretary of the Treasury of the United States to be insufficient to pay interest and principal on the outstanding bonds of the Philippines, its Provinces, cities, and municipalities, issued prior to May 1, 1934, under authority of Acts of Congress, the Philippine Government shall, on or before July 3, 1946, pay to the Secretary of the Treasury of the United States for deposit in such special trust account an amount which said Secretary of the Treasury determines is required to assure payment of principal and interest on such bonds: Provided, however, That if the Secretary of the Treasury of the United States finds that this requirement would impose an undue hardship upon the Philippines, then the Philippine Government shall continue to provide annually the necessary funds for the payment of interest and principal on such bonds until such time as the Secretary of the Treasury of the United States determines that the amount in the special trust account is adequate to meet interest and principal payments on such bonds.
(5)On and after July 4, 1946, the Secretary of the Treasury of the United States is authorized, with the approval of the independent Government of the Philippines, to purchase at the market price for the special trust account bonds of the Philippines, its Provinces, cities, and municipalities, issued prior to May 1, 1934, under authority of Acts of Congress. The Secretary of the Treasury of the United States is also authorized, with the approval of the independent Government of the Philippines, to invest all or any part of such special trust account in any interest-bearing obligations of the United States or in any obligations guaranteed as to both principal and interest by the United States. Such obligations may be acquired on original issue at the issue price or by purchase of outstanding obligations at the market price, and any obligations acquired by the special trust account may, with the approval of the independent Government of the Philippines, be sold by the Secretary of the Treasury at the market price, and the proceeds of the payment upon maturity or redemption of such obligations shall be held as a part of such special trust account. Whenever the special trust account is determined by the Secretary of the Treasury of the United States to be adequate to meet interest and principal payments on all outstanding bonds of the Philippines, its Provinces, cities, and municipalities, issued prior to May 1, 1934, under authority of Acts of Congress, the Secretary of the Treasury is authorized to pay from such trust account the principal of such outstanding bonds and to pay all interest due and owing on such bonds. All such bonds and interest coupons paid or purchased by the special trust account shall be canceled and destroyed by the Secretary of the Treasury of the United States. From time to time after July 4, 1946, any moneys in such special trust account found by the Secretary of the Treasury of the United States to be in excess of an amount adequate to meet interest and principal payments on all such bonds shall be turned over to the treasurer of the independent Government of the Philippines.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1333 of this title, referred to in subsec. (g)(2), was omitted from the Code.

Prior Provisions

Similar provisions were contained in act Jan. 17, 1933, ch. 11, § 6, 47 Stat. 764.

Amendments

1959—Subsec. (g)(5). Pub. L. 86–346 substituted “on original issue at the issue price” for “on original issue at par”. 1946—Act Apr. 30, 1946, repealed opening par. and subsecs. (a) to (f), (h) relating to relations with the United States pending complete independence, and trade relations. 1939—Act Aug. 7, 1939, amended section generally.

Statutory Notes and Related Subsidiaries

Effective Date

of 1946 AmendmentAmendment by act Apr. 30, 1946 effective May 1, 1946, see section 512 of act Apr. 30, 1946, set out as an

Effective Date

note under section 1354 of this title. Termination of Acceptance of Deposits of Export TaxesAuthority of Secretary of the Treasury to accept deposits of proceeds of export taxes in accordance with section 1333 of this title terminated on July 1, 1951, under the provisions of act Aug. 7, 1946, ch. 809, § 2, 60 Stat. 901.

Reference

Citations & Metadata

Citation

22 U.S.C. § 1393

Title 22Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73