§1394 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

On the July 4 that comes right after ten years from when the new government under that constitution is inaugurated, the President must issue a proclamation saying the United States gives up all possession, control, and sovereignty over the Philippine Islands and their people, and must recognize the Philippines as an independent, self-governing nation under its then-current constitution. This withdrawal does not include naval reservations and fueling stations that are kept under section 1391. Within two years after the proclamation of independence, the President may negotiate with the Philippine government to settle questions about those naval reservations and fueling stations, and until they are settled things stay as they are. If the President finds some Philippine properties would be good for U.S. diplomatic or consular use after independence, he may exchange U.S. properties for them with Philippine approval so ownership passes fully to the new owners. Before July 4, 1946, the President can also formally mark certain U.S. properties to remain U.S. property for diplomatic or consular use. The official residences of the U.S. High Commissioner in Manila and Baguio, with their fixtures and movable objects, stay U.S. property after July 4, 1946. Starting on that date, the Secretary of State will supervise and control those designated or retained properties under U.S. laws about foreign official property.

Title 22, §1394

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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.

(b)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.

(c)(1)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.

(2)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.

(3)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.

(4)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (a), is act Mar. 24, 1934, ch. 84, 48 Stat. 456, which enacted section 1281a, 1391, 1393 to 1395 of this title, and section 1248 of Title 48, Territories and Insular Possessions, amended sections 1231 to 1234, 1237, 1238, 1239, 1241 to 1243, 1245, and 1247 of Title 48, and enacted a provision set out as a note under section 1391 of this title. For complete classification of this Act to the Code, see Tables.

Prior Provisions

Provisions similar to those contained in subsec. (a) of this section were contained in the first par. of section 10 of act Jan. 17, 1933, ch. 11, 47 Stat. 768.

Amendments

1939—Subsec. (c). Act Aug. 7, 1939, added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1939 AmendmentAct Aug. 7, 1939, ch. 502, § 7, 53 Stat. 1233, provided that act Aug. 7, 1939, should become effective on Jan. 1, 1940, if certain conditions were fulfilled. The conditions were fulfilled and section became effective on said date. Independence Date AdvancedAct

June 29, 1944, ch. 322, § 3, 58 Stat. 626, provided in part that date of independence could be advanced prior to

July 4, 1946, but it was not done.

Executive Documents

Proc. No. 2695. Philippine Independence Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, provided in part: The United States of America hereby withdraws and surrenders all rights of possession, supervision, jurisdiction, control, or sovereignty now existing and exercised by the United States of America in and over the territory and people of the Philippines; and, On behalf of the United States of America, I do hereby recognize the independence of the Philippines 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 now in force. Harry S. Truman

§1394 Recognition of Philippine independence