MEMO TO PRESIDENT MORI FROM JAMES STOVALL

Following is a memorandum to President Mori which I found on the Chuuk Reform website, www.chuukstate.org, from an attorney named in the memorandum as Jim Stovalli.  I believe, but cannot confirm, that the writer is actually James Stovall III, who has represented the FSM in the US for many years.  Clarification of the name of the author would be greatly appreciated.  What follows is a direct copy of what appears on the Chuuk Reform Website:

[By Vid Raatior]  Jim Stovalli, the legal counsel to the FSM
Government who is the foremost expert on the Compact of Free Association (COFA)
has issued the following memorandum to President Mori. In it he laid out eight
facts to help the average Chuukese voter understand the implications of Chuuk
State seceding from the federation with regards to the COFA.


MEMORANDUM

SUBJECT: Compact Implications of Chuuk Secession
(Jim Stovalli, III)


DATE: January 27, 2015

In the upcoming March elections there will be a proposition on the ballot in
the State of Chuuk for voters to indicate yes or no on Chuuk’s secession from
the FSM. This Memorandum examines how provisions of the Compact impact this
situation.

A State-appointed Commission in Chuuk has worked on this for the last two
years. According to the plan, if the referendum proposition passes, the Chuuk
Legislature will pass a law forming a Constitutional Convention leading to
formal secession sometime in 2017. The Commission has issued a Final Report,
along with earlier information papers.

1. FACT: The Compact will terminate automatically for Chuuk
at the moment of secession from the FSM.

The Compact is a treaty between the Government of the US and the Government
of the FSM. Title Four, Article VI, Section 461, defines the term, “Government
of the Federated States of Micronesia” as “including all the political
subdivisions and entities comprising that Government.” Were Chuuk to secede
from the FSM, it would no longer be one of the entities “comprising that
Government,” and no longer a part of the Compact in any way. The Compact is not
a separate and divisible agreement with every State and local entity, it is a
treaty with the FSMG. Absent that, the new Government of the Republic of Chuuk
has no relationship whatever with the United States, subject to what it may
wish to, or be able to negotiate.

2. FACT: Compact Funding to former Chuuk State would not
Transfer to the Republic of Chuuk.

This would be an automatic consequence of the fact that the Republic of Chuuk
is not a party to the Compact. Any changes to the Compact funding structure or
amount would require US Congress legislation.

3. FACT: U.S. Federal Programs in Chuuk pursuant to the
Compact would be withdrawn.

This, also, is because Federal Programs must be specifically authorized by US
law, and these are either specifically provided by the Compact, or otherwise
specifically extended to FSM by law. Chuuk would not any longer be included
within the definition of “Federated States of Micronesia.” Therefore, all US
programs, including those in education (Pell Grant, among others) and health,
postal, weather, telecommunications, emergency and disaster assistance, FAA,
CAB, and FDIC would disappear.

4. FACT: Compact Immigration status of Chuuk citizens in
the U.S. would terminate automatically, upon secession.

The privileges referred to above, which include the right to work, study and
reside in the US, are provided by Title One, Article IV of the Compact. Since
the Compact would no longer apply to citizens of the new Republic of Chuuk,
they would all find themselves without status in the US and be forced to
depart. Former Chuukese holding US citizenship (FSM does not recognize dual
citizenship) would not be subject to deportation.

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Comments

  • Stovall Memorandum, Con't:

    5. FACT: Title Three of the Compact, delegation of Security
    and Defense Rights to the U.S., would no longer apply in the territory of the
    new Republic of Chuuk.

    The delegation of the sovereign responsibility for security and defense made
    in the Compact by FSM to US and in the standby Mutual Defense Treaty, would no
    longer apply to the new Republic of Chuuk. It would be up to the new government
    of the Republic of Chuuk either to provide for its own security or negotiate
    security relationships with others. The value of such rights for Chuuk alone,
    in 2015, is not known.

    6. FACT: Chuuk’s entitlement, if any, to assets of the
    Compact Trust Fund would be difficult and time-consuming to quantify.

    The Compact Trust Fund Agreement would no longer apply to Chuuk. The
    Agreement makes no allocation of Trust Fund assets among the States and no
    provision for partial liquidation. So, if the Republic of Chuuk would have any
    entitlement at all, it would require complex discussions between the United
    States, the FSM and the new Republic of Chuuk that would take some significant
    amount of time. Implementation of any result would require US and FSM
    legislation.

    7. FACT: A variety of benefits extended to FSM not in the
    Compact but in US Public Law 108-188 (The Amended Compact Act) would no longer
    be extended to Chuuk.

    These would include things like the Investment Development Fund (IDF), EDA,
    USDA, RUS, Commerce Dept., Small Business Administration, Labor (Job Corps),
    and various programs in marine resource development.

    8. FACT: Negotiations by a new Republic of Chuuk for a
    separate relationship with the United States and with other countries would be
    time-consuming, based on past experience.

    It took from 1969 through 1982 to negotiate the original Compact, and from
    1981 through 1985, to negotiate the various programs and services agreements.
    All the while, the TT apparatus remained in place and functioning. After TT
    termination, FSM could rely on Compact income while it pursued its various
    foreign relations. Similarly, during the four-year period of negotiations for
    the Amended Compact FSM had assured Compact funding. In light of that, one must
    ask whether the schedule posited by the Chuuk Commission (2017) is achievable
    given all the things listed above that will cease to apply on the day of
    secession. The new Republic of Chuuk will require an unbroken income stream
    from and after 2017.

  • I told kinen,sinbad, irrelevant and all those pro-secession activists this from the get go when they started making discussions about chuuk secession or the chuuk republic. They didn't listen because i told them i work for the Historical Preservation Office. I told them this months ago back in 2014 but they say naahhh your a liar and who are you pornstar to talk like you know the legality of the compact of free association. I told them to ask that sabino guy if i was wrong. I should be lawyer.
  • edited February 2015
    Good morning PawNStar.
  • edited February 2015
    Stop wasting your time, PawNStar. Stick to your history and take care of your artifacts
  • Yeah but he was right though when he said weeks ago about what will happen to chuuk if it breaks away. He said the same things that are listed above .
  • Ok. Good boy then. Good boy, PawNStar, smart boy
  • Gentlemen:

    As someone who gets hot under the collar from time to time, and who not only believes but actually knows that the world does revolve around him, I find it is good to remind myself occasionally that it is not about me, but rather about finding the solution.  Who said what first, or who didn't get the news from PawNStar but figured it out long before, is not relevant to anything unless you think it is all about you.  It is about making the right decision on a matter of great importance and extreme urgency, collectively.

    BTW, PawNStar, I do hold a law degree, and I am pretty sure I said weeks ago, with references to the Article and Section of the documents, most of what Mr. Stovall said in his memorandum.  If I were not so humble, I would question whether he just cut and pasted from one of my earlier postings.  LOL!
  • Sarem Chuuk,

    Stovals take echos similar points you have touched on.
  • JUST PULL OUT FROM FSM. THE OTHER THREE STATES WILL BE BETTER OFF. 
  • Everything in that memo is true and very discouraging for the Republic of Chuuk. However, nothing in the memo also says that The United States does not want Chuuk to secede from the FSM. It simply points out some interesting challenges for the Republic of Chuuk. 

    Currently, the FSM Government receives most of its aid from the United States through the Compact of Free Association version 2. And because of this, most of the foreign aid that comes in from other nations who are already aware of the amount of aid we receive through the Compact give us small amounts to supplement the aid from the USA. 

    Now if the FSM were receiving zero aid from the United States, it would not be suprising to expect more foreign aid pouring in from donor countries to offset the absence of Compact aid. And in similar fashion, this is what I believe will happen to the Republic of Chuuk which will have to go through a transitionary period where it would need to rely mostly on foreign aid from donor countries to offest the absence of Compact Sector grant aid.

    So in a way, being a party to the FSM Compact Treaty of Free Association sort of locks Chuuk into this cycle of decrement funding which is limited to only $30 something million per year. If this lock was removed, I think most of the donor nations will be more inclined and obligated to provide the Republic of Chuuk with more than $30 something million per year.


  • Speculation, is it, darthvador? or assumption?


  • Speculation and ask the judge to strike the said comment of the records and ask the bailifs to stand by just incase theres is another outburst from Mr. Darth. If thats so happen have him thrown out for contemp.
  • While the author may have involved with the FSM or represented the FSM before, such memo is nothing, but an opinion. Having represented the FSM previously, doesn't equate his memo to his majesty Mr. president a fact.
  • I think its worth all the risk. It may be hard in the beginning but in the end it has to be worth it. 
  • Is this legit? Or it's just another political tactic?
    I was given the copy of this memo and was verbally told that if the movement is passed every Chuukese who lives overseas (US) will be deported to Chuuk.
    This scares me big time. Again is this legit?
  • The memorandum was indeed send by James T. Stovall III, who was involved in the early Compact negotiations as far back as 1975.  So yes, this gentleman knows what he is talking about!  I would rather roll the dice with the Legal Advisor to the US than rolling it with the commissioners!
  • Founding new nations should not be an easy task. It should require tremendous personal and national sacrifice for it to have any real meaning to the hearts of its citizens. 

    Mr. Stovall's memo should not dissuade us, rather, it should serve as an inspiration to fuel the patriotic fire within our our hearts for a new Republic of Chuuk.

    We should stand firm and strong, unwavering in our resolve, moving forward to preserve the heritage of the past and protect the promises of the future of Chuuk.


  • Vid Raatior is married to an American, and his agenda and goal are different from our Chuuk State Leaders on many fronts.  He is a very intelligent man with a writing skills that uses logical appealing, emotional appealing and ethical appealing just to win the heart of Chuukese against this movement as his bias comments and opinion tells us he is not for Chuuk State but for his own hunger American ideology and anti-Chuuk State. He uses his website to propagate his own interest.

    Im not saying that Chuuk State must vote No or Yes, but let's be respectful and genuine in dealing with our govt and people.  Lets not use skills and tactics that we learned from our Western friends and their school to sabotage our own Chuuk State and leaders.  Lets work together.

    I listened to this guy during one of the public hearing in Hawaii, and the way he spoke to the AG Sapino Asor was ill and disprespectful to the man. He wasnt asking question, but he said straight to the AG face to face, that onewe AG analysis ese make sense.  Let's stop briding ourselves with our so called formal education from the foreigners and lets be humble and leave in peace among our brothers and sisters.

    Let's  humbly ask questions, present opinion and comments, and think with our head before we put everyone of our leaders in shame in front of the world.
  • The Right Time to Sail?
    by TruthIsThat

    It is time to set sail, some say,
    But wait, for it is not yet day.
    Why do you fear?
    Do you not hear?
    The call of of riches ring in your ear.
    Ignore it not.
    Get the rope, tie the knot.
    Raise the sail.
    But wait, hear the wail.
    The people ask for assurance,
    They want to know,
    What is the travel distance?
    Will their young grow,
    Without provision along the way?
    We are going no matter what they say,
    Is the reply for those who want to move.
    But navigators they are not,
    And time will prove,
    Disasters will come about.

    I just made this up. Enjoy. 
  • Attorney Stovalli's opinion is one-sided.  Here's where it shows:

    He alleged that no further funds may be given to Chuuk if part of Chuuk secedes as the compact treaty is between the FSM Gov't. and USA.

    So, if the treaty is between USA and FSM Gov.t then it has no business addressing what goes on in Chuuk as the treaty is not between Chuuk State and USA.  Maybe you need to rephrase somewhere.  I can see right through you.
  • Quick.Call for sinbad. He is out there somewhere in the vast expanse of the blue ocean. Let us ask him for some fish to sustain us till the next day.
  • This is good but we should all understand that no one would ever stand for something that would jeopardized their livelihood. Mr. Stoval is a good Lawyer and he had served us well. He is been with us since the inception of the first Compact. It is about time that one of our own young Lawyers take over. If Chuuk is getting most of the Compact money and yet is butting out, the Rest of the FSM States should follow. According to the Meeting the President and SBOC had with the FSM Government Employees last year, all the FSM States would suffer large budget cuts comes 2023 because the Trust Fund is not doing as expected. The expected amount of the Trust fund was expected to yield 1.6 billion dollars. With the going rate of investment in the Trust Fund, it is current forecasted that instead of 1.6 billion we will only realize 800 miPohnpei alone with lose 27% of its current health budget and 34% of its education budget. All the FSM States would suffer except the National Government because of the Fishing Fees the FSM Kept and do not share with the States.
  • philarguria,

    I couldn't agree with you more on your comment above. We need more smart, modern, and strong willed Chuukese ladies like you. Thanks for being a true Chuukese!

    Inemenlo,

    Thank you very much for pointing out that which may escape the scrutiny of our fellow Chuukese.

  • We need honest leaders who will not put their own selfish interests before the interests of the people.
  • edited February 2015
    We have been searching for them leaders for decades.
  • They are there. But we do not want to see them. We see our relatives, friends and the ones with the fancy words.
  • ... we prefer turkey tails and rice over honest leaders, that's the truth.
  • Let's not be discouraged by the memorandum but find where we could improve on base on his knowledge and understanding of the compact. Disect it and find the missing link. Let us pull resources together and see how to handle the issue fair and square. irre, ghillisou, darth and all able selves, COME to the AID of our beloved Chuuk St.
  • find where we could improve on base on his knowledge and understanding of the compact. Disect it and find the missing link.

    A "missing link" in the compact?  Some kind of loophole?

    Good luck with that search.
  • The sad truth.

    Look for ways to improve with what we have first. Not to look to cut corners.
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