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Agreement between the Government of the United States and the Government of the Republic of Marshall Islands to amend the Governmental Representation provisions of the Compact of Free Association pursuant to section 432 of the Compact [1988] PITSE 17 (18 March 1988)

AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES AND THE GOVERNMENT OF THE REPUBLIC OF THE MARSHALL ISLANDS TO AMEND THE GOVERNMENTAL REPRESENTATION PROVISIONS OF THE COMPACT OF FREE ASSOCIATION PURSUANT TO SECTION 432 OF THE COMPACT

(Washington, 18 March 1988)

ENTRY INTO FORCE: 06 SEPTEMBER 1989

PREAMBLE

AGREEMENT AMENDING THE COMPACT OF FREE ASSOCIATION OF OCTOBER 1, 1982

THE GOVERNMENT OF THE UNITED STATES AND THE GOVERNMENT OF THE REPUBLIC OF THE MARSHALL ISLANDS,

RECOGNIZING that the Compact of Free Association, signed by the Government of the United States and the Government of the Republic of the Marshall Islands on June 25, 1983 (the Compact), was entered into and became effective on October 21, 1986; and

REAFFIRMING the common interest of the United States and the Republic of the Marshall Islands in maintaining a close and mutually beneficial relationship through a free and voluntary association of their Governments;

DESIRING to foster diplomatic relations in accordance with the terms of the Compact and the Vienna Convention on Diplomatic Relations;

NOW, THEREFORE, AGREE that the Compact be amended in accordance with the provisions of Section 432 of the Compact of Free Association and as specified in this Agreement and that this amendment become effective in the manner set forth in this Agreement.

Article I

Amendment of Section 151

1. The Government of the United States and the Government of the Republic of the Marshall Islands, in accordance with Section 432 of the Compact of Free Association between the United States and the Republic of the Marshall Islands, hereby agree as follows:

1. Section 151 of the Compact of Free Association is amended to read as follows:

"Section 151. Relations between the Government of the United States and the Governments of the Federated States of Micronesia and the Republic of the Marshall Islands shall be conducted in accordance with the Vienna Convention on Diplomatic Relations. In addition to diplomatic missions and representation, the Governments may establish and maintain other offices and designate other representatives on terms and in locations as may be mutually agreed."

2. Section 152 of the Compact of Free Association between the United States and the Republic of the Marshall [*3]  Islands shall cease to be effective and shall not apply to relations between the United States and the Republic of the Marshall Islands as of the effective date of this Agreement.

3. Section 461(g) of the Compact of Free Association between the United States and the Republic of the Marshall Islands is amended by deleting the words ". . . resident representative, as described in Section 152 . . ." where such words appear together in that subsection and inserting in lieu thereof of the words ". . . a representative of a government signatory to this Compact serving pursuant to Section 151, or, a representative of the United States subject to the provisions of Article II, Section 7, of the agreement referred to in Section 462(e)."

4. Article II, Section 7, of the agreement referred to in Section 462(e) of the Compact of Free Association between the United States and the Republic of the Marshall Islands is amended by deleting from the first sentence of that section the words ". . . the privileges and immunities of a resident representative as set forth in Section 152(b) and (e) of the Compact, and . . .", and by deleting the word ". . . the resident . . ." as they appear together in [*4]  the last sentence of Section 7, and inserting the words ". . . a United States diplomatic . . ." in lieu thereof.

Article II

Effective Date, Amendment and Duration

1. This Agreement shall enter into force on a date mutually agreed by the Government of the United States and the Government of the Republic of the Marshall Islands.

2. This Agreement may be amended at any time by mutual agreement between the Government of the United States and the Government of the Republic of the Marshall Islands.

3. This Agreement shall remain in force during the period of effectiveness of Section 151 of the Compact of Free Association.

SIGNATORIES:

DONE at Washington, D.C., this 18th day of March, one thousand, nine hundred and eighty-eight