Draft No.1
INTER-TRIBAL ECONOMIC AND TRADE
TREATY
Article I. Purpose
Indian tribes are sovereign nations that have since time immemorial possessed inherent
powers to regulate commerce within our territories. The exercise of our commerce
regulatory authority has been the cornerstone for protecting and enhancing our
community economies, which has in turn allowed for the continual development of our
Indian communities in ways that protect and foster our values and beliefs. Our
economies have historically been productive environments for both tribal as well as
individual development, which together has made up our local economies.
The purpose of this Inter-Tribal Economic and Trade Treaty is promote and expand
opportunities for economic development for the signatory tribes, as sovereign nations,
our people and our communities by applying our individual and collective tribal powers
to regulate commerce within our territories to achieve Economic Sovereignty for our
reservations. This Treaty is designed to facilitate our tribes and reservations to become
economically and politically independent within our respective and collective
jurisdictions by maximizing and leveraging our strengths to create opportunities within
the local, regional, national and international economies. We pledge to take every actions
necessary to forever eliminate high unemployment within our territories and to provide
maximum opportunities for our tribes, Indian people and community members to be
economically and politically self-sufficient through the development of successful
models of Indian capitalism.
Articles II. Parties
The formal parties to this Inter-Tribal Economic and Trade Treaty are the undersigned
sovereign Tribal Nations. As signatories to this Treaty, we agreed to faithfully adhere to
the standards of conduct that are nations relating to activities agree to herein.
Non-Signatory Tribes may participate as provided herein.
Article III. Definition of Indian Capitalism.
Unlike typical models of capitalism today that is represented by business ventures
seeking short-term gains, Indian capitalism differs in that it is purposely designed to
protect the values of the tribe, its members and its communities that are served in the
local economies while still allowing for profit making, business development and
expansion, and general economic development in manners that are compatible with the
priorities and interests of the Indian people and tribes. Indian capitalism is not
necessarily based on aggressive models that exploit resources, rights, quick-fix
opportunities and growth at the cost of the environment, community and individual
values, and general future of the Indian people.
Instead, Indian capitalism takes into consideration impacts on the:
Environment
Community
People
Culture
Business, and
Both long and short term impacts.
Once defined by a signatory tribes, businesses will be allowed to conduct business
activities without fear of the creation or expansion of tribal government controls, which
in turn helps to provide a stable, secure and understandable local environment for
business and investors. As signatory tribes, we pledge to describe Indian-relevant factors
that important to economic development and, once defined, to strive for a regulatory-free
and economically viable environment for businesses operating within our designated
Trade Zones.
Article IV. Tribal Agreement to Treaty Terms and Conditions.
Our tribes agree that success in applying multi-reservation based economic development
ventures necessarily needs understandable and uniform applications of tribal business
regulations and laws. In furthering this goal, agree to make every effort to adhere to the
terms and conditions of this Treaty. We further commit to bring issues that may arise
from this treaty as well as any agreements, terms and conditions arising from an activity
under this treaty, for resolution within the process and procedures before withdrawing
from the treaty.
In carrying out our treaty obligations, our tribes agree to develop and maintain a
structured, stable, secure and consistent business environment within our territories. In
carrying out this goal, we agree to:
Adhere to a prohibition on expo facto laws applicable to business activities.
Develop and maintain at a minimum:
o Designation of Issuance Authority (articles of incorporation, license, filing
contracts, etc)
o For-Profit Corporations Code
o Non-Profit Corporations Code
o Uniform Commercial Code, and
o License and Business Standards Code
Article V. Non-Signatory Member Tribes
Any tribe may joint the members of the Inter-Tribal Economic and Trade Treaty. Nonsignatory tribes may attend all open general and committee meetings, but shall not be
entitled to vote or participate as formal members of the General Assembly, Executive
Council or Committees.
Article VI. General Assembly of Signatory Tribes
The collective group of all signatory tribes to this Treaty shall represent the General
Assembly, which shall generally oversee the activities of administration of this Treaty. It
is agreed that only signatory tribes that have enacted the codes developed pursuant to this
Treaty shall have voting rights in the Tribal General Assembly, provided that any
signatory tribe may participate with full members of the General Assembly for 18 months
after becoming a signatory tribe while developing and enacting the mandatory codes.
Article VII. Standing Council and Committees.
.
Section 1. Executive Council
The Executive Council shall be a five member Council appointed by the signatory tribes
and for three year terms for the purpose of carrying out the treaty. The Executive
Council is empowered to carry out the administrative functions necessary to carry out the
Treaty. The Executive Council shall report on its activities at each meeting of the
General Assembly. The Executive Council shall promulgate and enact operating
procedures for its activities which are consistent with this Treaty.
Section 2. Sovereignty Committee
There shall be a standing Sovereignty Committee as part of this treaty The Sovereignty
Committee shall address issues of sovereignty that may be brought before it by a
signatory tribe. The purpose of the Sovereignty Committee is to provide the greatest
opportunity possible for a signatory tribe to bring an issue before it that the tribe believes
is a violation of its sovereignty that arises from its participation in the treaty or from
having to adhere to its terms and conditions. Any signatory tribe may bring an issue
before the Sovereignty Committee. The Sovereignty Committee shall make every effort
to resolve the matter within 60 days of an issue being filed by a signatory tribe.
Section 3. Investment and Finance Committee
There shall be a standing Investment and Finance Committee as part of this treaty. The
Finance and Investment Committee shall advise the Executive Council and General
Council on issues relating to investments and finance involving economic development
financing among signatory tribes and their territories. The Investment and Finance
Committee shall be chaired by a signatory member tribe of this treaty and shall consist of
at least six other members with expertise from areas of business, investment and finance.
The Investment and Finance Committee shall provide advise on the development and
operations of an inter-tribal investment pool and Native American Stock Market
Article VIII. Investments and Stock Market
Section 1. Stock Market Investment Pool
Investment Pool is designed to maximize the investment of tribal and investment funds in
Indian County to help build and stabilize businesses in Indian communities while
protecting those investments in a manner expected by the investors. It is envisioned that
the Investment Pool will be an alternative to other types of investments for, but not
limited to, tribal and business funds. The Investment Pool shall be regulated by
procedures and standards approved by the Executive Council and General Assembly.
Section 2. Native American Stock Market
The Native American Stock Market is designed to provide maximum opportunities for
local private investments and ownership in local economic development ventures and
opportunities. It is based on a priority where private investments, including those by
individual Indians, can be made in businesses and economic development ventures. The
Native American Stock Market is based on a model of promoting local ownership in
Indian economies by both Indian and non-Indian citizens. The Native American Stock
Market shall be regulated by procedures and standards approved by the Executive
Council and General Assembly.
Article IX. Tribal Trade Zones
Each signatory tribe shall establish at least one formal trade zone within their territories
where the terms and conditions of this treaty can be applied. A trade zone is designed to
allow for business activities to be carried out in accordance with the spirit and intent of
this Treaty while still protecting the local issues concerns, including cultural, religious
and other important local issues, within the Indian community. By designating a trade
zone, the tribe agrees top enforce the terms and conditions of this treaty, any agreements
promulgated under it, and to enforce the business regulations and laws of the tribe and
enforce the orders of the Inter-Tribal Business Court without interference.
Activities to be carried out within the Tribal Trade Zone include:
Enforcement of the UCC;
Authorization for multi-reservation tribal and private business venture without
further approval;
Ensuring full faith and credit to the judgments and orders of the Inter-Tribal
Business Court;
Ensuring full recognition of the business codes of signatory tribes, including
articles of incorporation, business license and filed UCC tractions of any
signatory tribe.
Article X. Inter-Tribal Business Court
There is hereby established the Inter-Tribal Business Court that shall operate under the of
the individual and collective inherent sovereign powers of our tribes. It is further agreed
that subsequent withdrawal of the signatory tribe does not impact the rights or powers of
the Inter-Tribal Business Court to adjudicate an issues that is properly before the Court at
the time of such withdrawal.
The Inter-Tribal Business Court shall consist of a Trial Court and Court of Appeals.
Each tribe may opt to integrate its existing business court into the Inter-Tribal Business
Court system or utilize the Inter-Tribal Business Court as the Tribe’s trial court. All
signatory tribes agree to utilize the Inter-Tribal Business Court of appeals as the appellate
business court pursuant to this treaty.
We, the undersigned tribes, hereby execute this Inter-Tribal Economic and Trade
Treaty to be carried out on in the Trade Zone areas of our Tribes.
______________________________
_____________Tribe
_______________________________
______________Tribe
Appendix
Model Mandatory Tribal Codes
Designation of Issuance Authority (articles of incorporation, license, filing
contracts, etc)
For-Profit Corporations Code
Non-Profit Corporations Code
Commercial Code
License and Business Standards Code
Inter-Tribal Business Court Standards
Independent from “community court”
Due process standards and procedures
Experience with contract and similar laws
Appellate Court and procedures
Inter-Tribal Business Court Agreement
(Use the NWITCS agreement as a model)
Individual Trade Zone Maps
Maps
Zoning laws
Leasing, land use agreements and procedures