
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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 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.

                  Section Referred to in Other Sections

    This section is referred to in section 1395 of this title.
