Ask the Scholar
Page 31 of 59
I can add historical knowledge about this page.
Page image
OCR
- 2 -
between Puerto Rico and the United States. The Department believes
the language in this section should be more specific in this regard.
We assume that such coastwise laws may continue to apply to Puerto
Rican waters provided that the conditions specified under the
provisions of section 3(b), are complied with, although this is far
from clear. There is also some question of the applicability of other
navigation laws such as those relating to entry and clearance of
vessels (see 19 U.S.C. 1434 and 1435 and 46 U.S.C. 91) and to the
fisheries (46 U.S.C. 251 and 16 U.S.C. 1081-1094). Another question
relates to the applicability of laws relating to aircraft, such as the
report of arrival requirement, air cabotage prohibitions, etc.
The above-stated questions are raised in spite of and particularly
in light of section 12(a), which states that "The laws of the United
States applicable to the Free Associated State on the date of approval
of this Compact shall continue in effect except to the extent repealed
or modified by this Compact or incompatible with it, and except as
hereafter modified, suspended or repealed in accordance with law.
It appears that section 2(a), is, in fact, incompatible with said section
12(a), and that clarification is especially warranted in view thereof.
Examples of how the draft bill might be revised to specify applicable
statutes are 19 U.S.C. 81e and 43 U.S.C. 1333(c to (g).
Section 2(d) would authorize Puerto Rico to participate in inter-
national organizations and to enter into international agreements with
other countries with respect to, inter alia, financial and commercial
relations consistent with the functions of the United States, as
determined by the President of the United States and the Governor of
Puerto Rico on a case by case basis. This provision would authorize
Puerto Rico to join organizations, such as the GATT, the IMF, and the
IBRD and to enter into financial and commercial agreements with other
countries. Puerto Rico's exercise of this authority could conflict
with United States international economic and foreign policy. The draft
Compact of Free Association which the United States has negotiated with
the Trust Territory of the Pacific Islands (Micronesia) provides for
the United States to have full responsibility for and authority over
the foreign affairs of Micronesia while enabling Micronesia to become
a member of certain international organizations of which the U.S. is
a member, to enter into agreements with certain international organiza-
tions of which the U.S. is a member, and to request the U.S. to negotiate
certain types of bilateral agreements which would apply to Micronesia.
The preferable, most consistent course of action may be to make section
2(d) less broad by revising it along the lines of similar provisions in
the draft Micronesian Compact.
Section 2(d) should also be modified to provide specifically that
Puerto Rico may not enter into income tax agreements with other countriés
covering matters generally handled by conventions for the avoidance of
double taxation.
Page data
- Page
- 31
- Source index
- 0
- Type
- photo
- Media ID
- eee5390fc6b6af4c
- Size
- unknown
Document data
- ID
- 1554456
- Core
- doc
- Type
- document
DTO data
{
"id": "1554456",
"sourceUrl": "https://catalog.archives.gov/id/1554456",
"contentType": "document",
"title": "Puerto Rico - Compact of Permanent Union, November 7, 1975",
"citationUrl": "https://catalog.archives.gov/id/1554456",
"collections": [
"White House Special Files Unit Files",
"Issue Decision Papers for the President"
],
"subjects": [
"Puerto Rico",
"Intergovernmental relations",
"Territories and possessions"
],
"iiifBase": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/ford/grf-0010/569572/1554456/1554456_Page_02_Image_0001.jpg",
"thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/ford/grf-0010/569572/1554456/1554456_Page_02_Image_0001.jpg",
"largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/ford/grf-0010/569572/1554456/1554456_Page_02_Image_0001.jpg",
"imageCount": 59,
"hasImages": true,
"source": "import",
"hasTranscription": false
}
Context sent to Scholar
Document identity
{
"localId": "1554456",
"label": "Puerto Rico - Compact of Permanent Union, November 7, 1975",
"core": "doc",
"dtoType": "document",
"citationUrl": "https://catalog.archives.gov/id/1554456"
}
Document source metadata
{
"id": "1554456",
"sourceUrl": "https://catalog.archives.gov/id/1554456",
"contentType": "document",
"title": "Puerto Rico - Compact of Permanent Union, November 7, 1975",
"citationUrl": "https://catalog.archives.gov/id/1554456",
"collections": [
"White House Special Files Unit Files",
"Issue Decision Papers for the President"
],
"subjects": [
"Puerto Rico",
"Intergovernmental relations",
"Territories and possessions"
],
"iiifBase": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/ford/grf-0010/569572/1554456/1554456_Page_02_Image_0001.jpg",
"thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/ford/grf-0010/569572/1554456/1554456_Page_02_Image_0001.jpg",
"largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/ford/grf-0010/569572/1554456/1554456_Page_02_Image_0001.jpg",
"imageCount": 59,
"hasImages": true,
"source": "import",
"hasTranscription": false
}
Document source extras
{
"url": "https://catalog.archives.gov/id/1554456",
"naId": 1554456,
"coverageEndDate": {
"day": 14,
"logicalDate": "1976-01-14",
"month": 1,
"year": 1976
},
"coverageStartDate": {
"logicalDate": "1975-10-01",
"month": 10,
"year": 1975
},
"levelOfDescription": "fileUnit",
"recordType": "description",
"ocrSource": "nara-archive"
}
Page context
{
"seq": 31,
"pageIndex": 0,
"type": "photo",
"url": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/ford/grf-0010/569572/1554456/1554456_Page_32_Image_0001.jpg",
"mediaId": "eee5390fc6b6af4c",
"ocrText": "- 2 -\nbetween Puerto Rico and the United States. The Department believes\nthe language in this section should be more specific in this regard.\nWe assume that such coastwise laws may continue to apply to Puerto\nRican waters provided that the conditions specified under the\nprovisions of section 3(b), are complied with, although this is far\nfrom clear. There is also some question of the applicability of other\nnavigation laws such as those relating to entry and clearance of\nvessels (see 19 U.S.C. 1434 and 1435 and 46 U.S.C. 91) and to the\nfisheries (46 U.S.C. 251 and 16 U.S.C. 1081-1094). Another question\nrelates to the applicability of laws relating to aircraft, such as the\nreport of arrival requirement, air cabotage prohibitions, etc.\nThe above-stated questions are raised in spite of and particularly\nin light of section 12(a), which states that \"The laws of the United\nStates applicable to the Free Associated State on the date of approval\nof this Compact shall continue in effect except to the extent repealed\nor modified by this Compact or incompatible with it, and except as\nhereafter modified, suspended or repealed in accordance with law.\nIt appears that section 2(a), is, in fact, incompatible with said section\n12(a), and that clarification is especially warranted in view thereof.\nExamples of how the draft bill might be revised to specify applicable\nstatutes are 19 U.S.C. 81e and 43 U.S.C. 1333(c to (g).\nSection 2(d) would authorize Puerto Rico to participate in inter-\nnational organizations and to enter into international agreements with\nother countries with respect to, inter alia, financial and commercial\nrelations consistent with the functions of the United States, as\ndetermined by the President of the United States and the Governor of\nPuerto Rico on a case by case basis. This provision would authorize\nPuerto Rico to join organizations, such as the GATT, the IMF, and the\nIBRD and to enter into financial and commercial agreements with other\ncountries. Puerto Rico's exercise of this authority could conflict\nwith United States international economic and foreign policy. The draft\nCompact of Free Association which the United States has negotiated with\nthe Trust Territory of the Pacific Islands (Micronesia) provides for\nthe United States to have full responsibility for and authority over\nthe foreign affairs of Micronesia while enabling Micronesia to become\na member of certain international organizations of which the U.S. is\na member, to enter into agreements with certain international organiza-\ntions of which the U.S. is a member, and to request the U.S. to negotiate\ncertain types of bilateral agreements which would apply to Micronesia.\nThe preferable, most consistent course of action may be to make section\n2(d) less broad by revising it along the lines of similar provisions in\nthe draft Micronesian Compact.\nSection 2(d) should also be modified to provide specifically that\nPuerto Rico may not enter into income tax agreements with other countriés\ncovering matters generally handled by conventions for the avoidance of\ndouble taxation."
}