Talk:Hans Hertell

Treaty Info

Puerto Rico can sign international treaties under the supervision of the United States. Please see this recent article on a treaty signed in 2009 with the Dominican Republic.[1]. Hertell was present with Calderon at the signing of the treaty to repatriate illegal aliens. --XLR8TION (talk) 03:02, 25 June 2009 (UTC)

Here is another example of Calderon signing an agreement with Urguguay.[2]. Here is another of another agreement signed by the University of Puerto Rico and the Dominican Republic.[3].--XLR8TION (talk) 03:10, 25 June 2009 (UTC)

The above-mentioned information is incorrect under U.S. Constitutional Law. Only the President with the advice and consent of the U.S. Senate can sign a treaty with foreign nations under the U.S. Constitution, Art. 2, Section 2. [4]. States and territories, including Puerto Rico, have no power to sign treaties. Their only power, as indicated in the unauthoritative texts cited above, to meddle in international affairs is in the area of trade and where the federal government has no conflicting law or has not preempted the field, or with the federal government's consent. These are informal agreements that have no binding character and are certainly not "treaties" under the Constitution. Foreign affairs power is specifically delegated to the President and Congress under the Constitution, not states or territories.

Furthermore, there is no factual support for the statement that Ambassador Hertell "facilitated trade and immigration agreements between Puerto Rico and the Dominican Republic." This is especially erroneous since immigration, like foreign affairs, is exclusively regulated by Congress under prevailing Constitutional law. States or territories cannot make any law or agreement regulating immigration.

Please see links above again. Luis Fortuno just --->>SIGNED<<--- an agreement with the Dominican Republic. This disvalidates your claims. Please do not vandalize the article but instead try to hlp expand it creatively. End of conversation.--XLR8TION (talk) 16:27, 25 June 2009 (UTC)

• I just wanted to add that I have been told that "the June 4 agreement between President Fernández and Governor Fortuño was signed in Aguadilla in the presence of the United States Chargé D'Affaires Ad Interim in the Dominican Republic (the US "acting ambassador) after being consulted with the U.S. State Department, according to an interview on Radio Isla with Secretary of State MacClintock. Thus, it is not proof that PR is free to enter into international agreements freely." The person who told me this is very reliable and trustworthy. Tony the Marine (talk) 07:16, 11 July 2009 (UTC)

Protected

I have protected the article from further editing until I look over the situation later during the day. Only after a decision is reached will the page be unprotected. In the meantime, all issues will discussed in this talk page. Tony the Marine (talk) 19:06, 25 June 2009 (UTC)

• I have reviewed the situation and the following is my conclussion:

Puerto Rico was an officially termed a U.S. Territory until July 25, 1952, when the United States Congress ratified the Constitution of Puerto Rico in which Puerto Rico became officially a "Commonwealth" or "Estado Libre Asociado" as it is officially known.

The main difference between the territory and Commonwealth status' is that, unlike a commonwealth, a territory does not have any authority over it's internal affairs. However, the federal Government of the United States controls interstate trade, foreign relations and the commerce of both the commonwealth and it's territories.

In 1960, P.R. was among the first U.S. jurisdictions granted a Free Trade Zone permit by the U.S. Department of Commerce. Known as the FTZ #7, it is currently operated by the Puerto Rico Industrial Development Co. (Pridco), part of the DEDC.Zone #7 also includes five subzones in several island municipalities operated by private companies.

The U.S. is moving towards establishing a Free Trade Agreement for the entire hemisphere, meaning that manufacturing costs, transportation costs, and transit time will be keys to success in the global economy. Although the island is part of the U.S. Customs territory –like the 50 states and the District of Columbia–the island’s FTZ's have a significant competitive advantage over stateside and foreign FTZs. FTZ's on the island have a number of advantages over others around the world. Foremost, P.R. charges a 7% flat tax, compared to Miami’s 35%. Also, local FTZs pay no federal income tax, property or inventory tax ("CRIM"), municipal tax on exports ("patente"), P.R. excise tax ("arbitrios") or U.S. Custom duties. Add to this other local advantages: reduced transit times from the Caribbean to Central and South America; as much as 30% lower transportation costs; and fewer destination charges.

Hans Hertell, as ambassador of the United States to the Dominican Republic represents the interests of the United States in that nation. As such Hertell has the authority of approving any commercial activity between Puerto Rico and the Dominican Republic in the name of the United States.

Puerto Rico does not control it's immigration, both legal and illegal, that falls under the jurisdiction of the Homeland Security agency. Puerto Rico could make suggestions and participate in any of the talks related to it's immigration problems, but all policies in this regard has to be approved by Washington.

Therefore, to a certain extent both User:Wdouglas2 and User: XLR8TION are right. In regard to the trading issue, Puerto Rico is subject to Federal Law, however as a member of the "Free Trade Zone" established by the United States, Puerto Rico can be involved in international trade as long as it is approved by the United States Government, in which case it can be done by an ambassador such as Hertell who job is precisely that, to represent the United States. I suggest that the current content in the article be rephrased and that a reliable verifable source be added. Tony the Marine (talk) 23:46, 25 June 2009 (UTC)

• • Tony, first of all I want to thank you for your time and input. As I found most of the information regarding the repatriation deal in a print edition of El Nuevo Dia (ENDI), I will have to go through that newspaper's archives to find the information requested. While it does to cost to access ENDI's archives, I am willing to pay the fee to show that I am not lying.--XLR8TION (talk) 00:39, 26 June 2009 (UTC)

Unprotect and conclusion

The page protected will be lifted. Both, User:XLR8TION and User:Wdouglas2, were notified to participate in the above discussion, see: here and here. They were given enough time to participate and User:XLR8TION did while User:Wdouglas2 did not, therefore it is assumed that my suggestion as been accepted. Once implemented into the main article it is assumed that any further editing to the contrary will be considered as vandalism. Tony the Marine (talk) 22:34, 29 June 2009 (UTC)