On the question of the Trust Territory Education for Selfgovernment Public Information Program, the parties unanimously supported a U.S. proposal that a joint working group be formed to work with the High Commissioner in making the program more relevant to the current political situation in the Trust Territory.

In addition to the multilateral plenary negotiating rounds, a series of bilateral negotiations was held between the United States and the three Trust Territory negotiating commissions. Proposals were received by the United States from each of the Trust Territory negotiating commissions for further exploration, and response at the next negotiating round which all parties agreed would commence in Honolulu no later than January 5, 1978.

Dept. of State telegram 260399, Nov. 3, 1977.

For further information concerning a 200-mile fisheries zone around the Islands of Micronesia, see post, Ch. 7, § 4, p. 559.

Northern Mariana Islands

On October 24, 1977, President Carter proclaimed the Constitution of the Northern Mariana Islands shall come into full force and effect on January 9, 1978. His Presidential Proclamation 4534 also brought into full force and effect specified sections of the Covenant signed by representatives of the United States and the Marianas Political Status Commission on February 15, 1975, and reserved the authority of the President under section 1004 of the Covenant to suspend the application of any provision of law to or in the Northern Mariana Islands until the termination of the Trusteeship Agreement. The text of Proclamation 4534 follows:

On February 15, 1975, the Marianas Political Status Commission, the duly appointed representative of the people of the Northern Mariana Islands, and the Personal Representative of the President of the United States signed a Covenant, the purpose of which is to provide for the eventual establishment of a Commonwealth of the Northern Mariana Islands in political union with the United States of America. This Covenant was subsequently approved by the Mariana Islands District Legislature and by the people of the Northern Mariana Islands voting in a plebiscite. The Covenant was approved by the Congress of the United States by joint resolution approved March 24, 1976 (Public Law 94-241; 90 Stat. 263).

In accordance with the provisions of Article II of the Covenant. the people of the Northern Mariana Islands have formulated and approved a Constitution which was submitted to me on behalf of the Government of the United States on April 21, 1977, for approval on the basis of its consistency with the Covenant and those provisions of the Constitution, treaties and laws of the United States to be applicable to the Northern Mariana Islands. Pursuant to the provisions of Section 202 of the Covenant, the Constitution of the Northern Mariana Islands will be deemed to have been approved by the

Government of the United States six months after the date of submission to the President unless sooner approved or disapproved.

The six-month period of Section 202 of the Covenant having expired on October 22, 1977, I am pleased to announce that the Constitution of the Northern Mariana Islands is hereby deemed approved.

I am satisfied that the Constitution of the Northern Mariana Islands complies with the requirements of Article II of the Covenant. I have also received advice from the Senate Committee on Energy and Natural Resources and the Subcommittee on National Parks and Insular Affairs of the House Committee on Interior and Insular Affairs that the Constitution complies with those requirements.

Sections 1003 (b) and 1004 (b) of the Covenant provide that the Constitution of the Northern Mariana Islands and the provisions specified in Section 1003 (b) of the Covenant shall become effective on a date proclaimed by the President which will be not more than 180 days after the Covenant and the Constitution of the Northern Mariana Islands have both been approved.

NOW, THEREFORE, I, JIMMY CARTER, President of the United States of America, do hereby proclaim as follows:

SECTION 1. The Constitution of the Northern Mariana Islands shall come into full force and effect at eleven o'clock on the morning of January 9, 1978, Northern Mariana Islands local time.

SEC. 2. Sections 102, 103, 204, 304, Article IV, Sections 501, 502, 505, 601-605, 607. Article VII, Sections 802-805, 901 and 902 of the Covenant shall come into full force and effect on the date and at the time specified in Section 1 of this Proclamation.

SEC. 3. The authority of the President under Section 1004 of the Covenant to suspend the application of any provision of law to or in the Northern Mariana Islands until the termination of the Trusteeship Agreement is hereby reserved.

IN WITNESS WHEREOF

42 Fed. Reg. 56593 (1977).

The Trusteeship Agreement for the former Japanese Mandated Islands was approved by the U.N. Security Council on Apr. 2, 1947, and by the United States on July 18, 1947 (TIAS 1665; 61 Stat. 3301; 12 Bevans 951; 8 UNTS 189; entered into force on July 18, 1947).

For further information concerning the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States, see the 1976 Digest, Ch. 2, § 6, pp. 56-60. In accordance with section 1003 (b) of the Covenant, the Northern Mariana Islands will not achieve full commonwealth status until termination of the Trusteeship Agreement.

The Constitution of the Northern Mariana Islands proclaimed by President Carter contains 18 articles and a schedule on transitional matters. The titles of the 18 articles follow: Personal Rights; Legislative Branch; Executive Branch; Judicial Branch; Representation in the United States; Local Government; Eligibility to Vote; Elections; Initiative, Referendum and Recall; Taxation and Public Finance; Public Lands, Restrictions on Alienation of Land; Eminent Domain; Natural Resources; Education; Corporations; Oath of Office; Constitutional Amendment.

Art. V, entitled Representation in the United States, appears below:

Section 1: Representative to the United States. A representative to the United States shall be elected to represent the Commonwealth in the United States and to perform those related duties provided by law. The governor shall provide a certification of selection promptly to the United States Department of State and to the representative.

Section 2: Term of Office. The term of office of the representative shall be two years unless it is increased to no more than four years by initiative under article IX, section 1.

Section 3: Qualifications. The representative shall be qualified to vote in the Commonwealth, a citizen of the United States, at least twenty-five years of age, and a resident and domiciliary of the Commonwealth for at least seven years immediately preceding the date on which the representative takes office. A different period of residence and domicile may be provided by law. No person convicted of a felony in the Commonwealth or in any area under the jurisdiction of the United States may be eligible for this office unless a full pardon has been granted.

Section 4: Annual Report. The representative shall submit a written report by the second Monday of January of each year to the governor and legislature on the representative's official activities during the preceding year and matters requiring the attention of the government or people of the Commonwealth. Section 5: Compensation. The representative shall receive an annual salary and reasonable allowance for expenses provided by law. The salary may not be changed during a term of office.

Section 6: Vacancy. In the event of a vacancy in the office of representative to the United States, the governor shall appoint a successor with the advice and consent of the legislature.

Section 7: Impeachment. The representative is subject to impeachment as provided in article II, section 8, of this Constitution for treason, commission of a felony, corruption or neglect of duty.

The Schedule on Transitional Matters deals with the continuity of laws, judicial, legislative and related matters as well as such topics as citizenship, elective offices, statutes of limitations, and approval of the Constitution by the United States. Set forth below are the portions of the Schedule dealing with the issue of continuity:

The following transitional provisions shall remain in effect until their terms have been executed. Once each year the attorney general shall review the following provisions and certify to the governor which have been executed. Any provisions so certified shall be removed from this Schedule and no longer published as an attachment to the Constitution.

Section 1: Effective Date of Constitution. The Constitution shall take effect on a date proclaimed by the President of the United States after its approval by the Government of the United States and otherwise as provided by the Covenant.

Section 2: Continuity of Laws. Laws in force in the Northern Mariana Islands on the day preceding the effective date of the Constitution that are consistent with the Constitution and the Covenant shall continue in force until they expire or are amended or repealed.

Section 3: Continuity of Government Employment and Operations. As of the effective date of the Constitution employees of the Government of the Northern Mariana Islands and its political subdivisions shall be employees of the Commonwealth on the same terms and conditions of employment as were enforceable against the Government of the Northern Mariana Islands or its political subdivisions until provided otherwise by law. regulation or ordinance. Employees of the Government of the Northern Mariana Islands shall have the same functions and duties after becoming employees of the Commonwealth until provided otherwise by law, regulation or ordinance.

Section 4: Continuity of Judicial Matters. As of the effective date of the Constitution the Marianas District Court of the Government of the Northern Mariana Islands shall become the Commonwealth trial court and the judges serving on the Marianas District Court shall be judges of the Commonwealth trial court serving at the pleasure of the governor until the governor appoints judges of the Commonwealth trial court under article IV, section 4, of the Constitution. Civil and criminal matters pending before the Marianas District Court

on the effective date of the Constitution shall become matters pending before the Commonwealth trial court. Civil and criminal matters pending before the High Court of the Trust Territory of the Pacific Islands on the effective date of the Constitution that involve matters within the jurisdiction of the Commonwealth trial court of the United States District Court for the Northern Mariana Islands shall remain within the jurisdiction of the High Court until finally decided.

Section 5: Continuity of Legislative Matters. The terms of office of members of the Northern Mariana Islands Legislature shall expire on the effective date of the Constitution. Bills enacted by the Northern Mariana Islands Legislature but not approved by the Resident Commissioner on the effective date of the Constitution shall be void.

Section 6: Continuity of Corporations and Licenses. Corporations incorporated or qualified to do business in the Northern Mariana Islands on the effective date of the Constitution shall continue to be incorporated or qualified until provided otherwise by law. Licenses in effect in the Northern Mariana Islands on the effective date of the Constitution shall continue in effect until provided otherwise by law except that no license possessed by a land surveyor, ship officer, health professional or a practicing trial assistant may be amended or revoked except for incompetence or unethical conduct.

Section 9: Commonwealth. For the period from the approval of the Constitution by the people of the Northern Mariana Islands to the termination of the Trusteeship Agreement, the term Commonwealth as used in the Constitution and this Schedule to describe a geographical area means the Northern Mariana Islands as defined by article X, section 1005 (b), of the Covenant and otherwise means the government established under this Constitution.

Section 13: Succession. As of the effective date of the Constitution the Commonwealth of the Northern Mariana Islands shall succeed to all rights and obligations of the previous Government of the Northern Mariana Islands.

Section 14: Approval of Constitution by the United States. After approval of the Constitution by the people of the Northern Mariana Islands it shall be submitted to the Government of the United States for approval under the provisions of article II, section 202, of the Covenant. If the Constitution is disapproved by the Government of the United States, the Northern Mariana Islands Legislature by the affirmative vote of three-fourths of the members may amend the specific provisions of the Constitution disapproved by the Government of the United States and submit the amended Constitution to the people for approval within sixty days after receipt of the disapproval message from the Government of the United States. Upon approval by the people of the amended Constitution it shall be submitted to the Government of the United States for approval.

Dept. of State File IO/UNP.

On Dec. 27, 1977, the Northern Mariana Board of Elections certified Governorelect Carlos S. Camacho and Resident Representative-elect to the United States Edward D. L. G. Pangelinan as winners of the Dec. 10, 1977, elections. They began serving in their respective offices under the new Constitution of the Northern Mariana Islands on Jan. 9, 1978.

Dept. of State File No. P78 0021-292.

On November 8, 1977, President Carter signed into law S. 2149 (P.L. 95-157; 91 Stat. 1265), an act to create the District Court for the Northern Mariana Islands by implementing article IV of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America. Senator James O. Eastland, Chairman of the Senate Judiciary Committee, submitted on

October 6, 1977, a report to accompany S. 2149, which described its purposes as follows:

S. 2149, if enacted, will establish the District Court for the Northern Mariana Islands which will be authorized to sit at Saipan and at such other places as may be necessary. The district court will have the Federal jurisdiction of a district court of the United States except that in all causes arising under the Constitution, treaties or laws of the United States it shall have jurisdiction regardless of the amount in controversy. In addition, it will have original jurisdiction in all causes in the Northern Mariana Islands jurisdiction over which is not vested by the Constitution or laws of the Northern Mariana Islands in a court or courts of the Northern Mariana Islands. Finally, the district court will have such appellate jurisdiction as the Constitution or laws of the Northern Mariana Islands may provide.

The Constitution of the Northern Mariana Islands provides for the establishment of a judicial branch of the local government. It calls for the creation by the legislature of a Commonwealth trial court with original jurisdiction over, among others, civil actions where the amount in controversy is $5,000 or less and criminal actions where the fine is $5,000 or less or the imprisonment is for no more than 5 years. It also permits the establishment of an appeals court after the constitution has been in effect for 5 years. In the event no District Court for the Northern Mariana Islands is available under article IV of the covenant, the legislature is authorized to expand the civil and criminal jurisdiction of the Commonwealth trial court and establish an appeals court without reference to the 5-year waiting period.

The legislature of the Northern Mariana Islands will have no authority to act until the Constitution of the Northern Mariana Islands has become effective. After the Constitution becomes effective, it will take the legislature an undetermined amount of time to create the local court authorized by the Constitution and to establish it as a functioning branch of the local government. Transitional provisions of the constitution will enable the current, local courts to hear and determine cases that will be within the limited jurisdiction of the Commonwealth trial court. However, unless the District Court for the Northern Mariana Islands is established by S. 2149 in this session of Congress, there will be no court in the Northern Mariana Islands to hear serious criminal and important civil cases, arising under local law. Moreover, there would be no court to hear causes involving Federal questions or Federal crimes, and there would be no appellate tribunal.

The language of S. 2149 follows closely, but not exactly, the corresponding provisions of the Organic Act of Guam (48 U.S.C. 1424 and 1424b) under which Organic Act the District Court of Guam is established as a territorial court of the United States. While the political relationship of the territory of Guam is established by Organic Act the provisions of which are self-executing, the political relationship between the Northern Marianas and the United States