TITLE THREE:  SECURITY AND DEFENSE RELATIONS

Article I:  Authority and Responsibility
Section 311
          (a)  The Government of the United States has full authority and responsibility for security and defense matters in or relating to the Marshall Islands and the Federated States of Micronesia.

          (b)  This authority and responsibility includes:

               (1)  the obligation to defend the Marshall Islands and the Federated States of Micronesia and their peoples from attack or threats thereof as the United States and its citizens are defended;

               (2)  the option to foreclose access to or use of the Marshall Islands and the Federated States of Micronesia by military personnel or for the military purposes of any third country; and

               (3)  the option to establish and use military areas and facilities in the Marshall Islands and the Federated States of Micronesia, subject to the terms of the separate agreements referred to in Sections 321 and 323.

          (c)  The Government of the United States confirms that it shall act in accordance with the principles of international law and the Charter of the United Nations in the exercise of this authority and responsibility.

Section 312
         Subject to the terms of any agreements negotiated in accordance with Sections 321 and 323, the Government of the United States may conduct within the lands, waters and airspace of the Marshall Islands and the Federated States of Micronesia the activities and operations necessary for the exercise of its authority and responsibility under this Title.

Section 313
          (a)  The Governments of the Marshall islands and the Federated States of Micronesia shall refrain from actions which the Government of the United States determines, after appropriate consultation with those Governments, to be incompatible with its authority and responsibility for security and defense matters in or relating to the Marshall Islands and the Federated States of Micronesia.

         (b)  The consultations referred 11 in this Section shall be conducted expeditiously at senior levels of the Governments concerned, and the subsequent determination by the Government of the United States referred to in this Section shall be made only at senior interagency levels of the Government of the United States.
 
         (c)  The Government of the Marshall Islands or the Federated States of Micronesia shall be afforded, on an expeditious basis, An opportunity to raise its concerns with the United States Secretary of States personally and the United States Secretary of Defense personally regarding any determination made in accordance with this section.

Section 314
          (a)  Unless otherwise agreed, the Government of the United States shall not, in the Marshall Islands or the Federated States Micronesia:

              (1)  test by detonation or dispose of any nuclear weapon, nor test, dispose of, or discharge any toxic chemical or biological weapon;

              (2)  test, dispose of, or discharge any other radioactive, toxic chemical or biological materials in an amount or manner which would be hazardous to public health or safety.

          (b)  Unless otherwise agreed, other than for transit or overflight purposes or during time Of a national emergency declared by the President of the United States, a state of war declared by the Congress of the United States or as necessary to defend against an actual or impending armed attack on the United States, the Marshall Islands.or the Federated State Of Micronesia, the Government of the United States shall not store in the Marshall Islands or the Federated States of Micronesia any toxic chemical weapon, nor any radioactive materials nor any toxic chemical materials intended for weapon use.

          (c)  Radioactive, toxic chemical, or biological materials not intended for weapons use shall not be affected by Section 314(b).

          (d)  No material or substance referred to in this Section shall be stored in the Marshall Islands or the Federated States of Micronesia except in an amount and manner which would not be hazardous to public health or safety.  In determining what shall Be an amount or manner which would be hazardous to public health or safety under this Section, the Government of the united State, Shall comply with any applicable mutual agreement, international guidelines accepted by the Government of the United states, and the laws of the United States and their implementing regulations.

         (e)  Any exercise of the exemption authority set forth in Section 161(e) shall have no effect on the obligations of the Govern- ment of the United States under this Section or on the application of this subsection

          (f)  The provisions of this Section shall apply in the areas in which the Government of the Marshall Islands or the Federated States of Micronesia exercises jurisdiction over the living resources of the seabed, subsoil or water column adjacent to its coasts.

Section 315
          The Government of the United States may invite members of the armed forces of other countries to use military areas and facilities in the Marshall Islands or the Federated States of Micronesia, in conjunction with and under the control of United States Armed Forces.  Use by units of the armed forces of other countries of such military areas and facilities, other than for transit and overflight purposes, shall be subject to consultation with and, in the case of major units, approval by the Government of the Marshall Islands or the Federated States of Micronesia.

Section 316
          The authority and responsibility of the Government of the United States under this Title may not be transferred or otherwise assigned.
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