[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC1394]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 15--THE REPUBLIC OF THE PHILIPPINES
SUBCHAPTER VI--MISCELLANEOUS PROVISIONS
Sec. 1394. Recognition of Philippine independence
(a) Withdrawal of American sovereignty
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) Naval reservations and fueling stations
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) Property for diplomatic purposes
(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.
(Mar. 24, 1934, ch. 84, Sec. 10, 48 Stat. 463; Aug. 7, 1939, ch. 502,
Sec. 3, 53 Stat. 1230.)
References in Text
This Act, referred to in subsec. (a), is act Mar. 24, 1934, ch. 84,
48 Stat. 456, as amended, which enacted sections 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).
Effective Date of 1939 Amendment
Section 7 of act Aug. 7, 1939, 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 Advanced
Section 3 of act June 29, 1944, ch. 322, 58 Stat. 626, provided in
part that date of independence could be advanced prior to July 4, 1946,
but it was not done.
Proc. No. 2695. Philippine Independence
Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, provided:
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
