Biosecurity Act of 2014 (P.L. No. 9-58)

NINTH OLBIIL ERA KELULAU Second Regular Session, April 2013 AN ACT RP P L N o. -::-;<:9-~5<..>8'-,-:-:-c,....,..,~ (Passed as HOllse Bill No. 9-33-2. HJ)2) To pr·event the entry of animal and plant pests and diseases into the Republic of Palau; to control their establishment and spread in the Republic of Palau; to regulate the movement of animal and plant pests and diseases, and of animals and plants and their prodncts; to repeal 34 PNC §§ 2001 - 2010; to facilitate international cooperation with respect to animal and plant diseases; and for other related pnrposes. THE PEOPLE OF PALAU REPRESENTED IN THE OLBnL ERA KELULAU DO ENACT AS FOLLOWS: PART l. GENERAL PROVISIONS. I. Short title. 2. Definitions. PART 2. BIOSECURITY BORDER CONTROL. 3. Responsibility for Act; Delegation. 4. Regulated pests and diseases. 5. Prohibited imports. 6. Biosecurity points of enh·y and departur·e. 7. Designation of biosecur-ity holding areas. 8. Management of biosecurity holding areas. 9. Biosecurity clear·ance agents. PART 3. VESSELS AND AIRCRAFT. 10. Biosecnrity a ... ·ival declaration. II. Biosecur·ity landing clearance. 12. Biosecurity port quarantine of vessels and aircraft. 13. Management of biosecurity port quarant inc areas. 14. Conduct of vessels and aircraft in biosecur·ity port quarantine. 15. Biosecur·ity port quarantine clearance of vessels and air·craft. 16. Outgoing vessels and aircraft. 17. Environmental obligations of masters and captains. 18. Passenger·s and crew member"S. PART 4. BIOSECURJTY IMPORT PROCEDURES. 19. Biosecurity entry inspection of incoming ar·ticles. 20. Biosecurity import clearance of regulated articles. 21. Grant and refusal of biosecurity import clelll·ance. Page I of 61 22. Biosecurity import specifications. 23. Biosecurity access al·rangements. R P P L No. ---=2:9 ::,5~8~,,--.,......,..,..,c=­ (Pllssed "' HOII.w! Bill No 9-33-1. HJJ1) 24. Application for a biosecurity import permit. 25. Issue of a biosecurity import permit. 26. Revocation of a biosecurity import permit. 27. Exemption from biosecurity import requirements. 28. Articles lind passengers in tr·lInsit. PART 5. BIOSECURJTY EXPORT PROCEDURES. 29. Biosecurity export inspection of outgoing articles. 30. Requirement for biosecurity expol·t clearance. 31. Issne of sanitary and phytosanitary certificates. 32. Biosecurity export specifications. 33. Application for biosecurity export clearance. 34. Grant of biosecurity export clearance. PART 6. BIOSECURITY QUARANTINE. 35. Biosecu.-ity quarantine of regulated articles. 36. Biosecurity quarantine stations. 37. Conditions of biosecurity quarantine. 38. Management of biosecurity quarantine stations. 39. Release from biosecurity quarantine. 40. Biosecurity quarantine notices. 41. No plant 01' animal to be at large. PART 7. POWERS OF BIOSECURITY OFFICERS. 42. Genel'lIl rules as to exel'cise of powers. 43. Entr)', sea rch and seiznre. 44. Inspection of documents. 45. Inspection of lll·ticies. 46. Detention of articles. 47. Taking of samples. 48. Testing of articles. Page 2 of 61 49. Treatment of articles. 50. Reconsignment of articles. 51. Destnlction of articles. 52. Post mortem examination of an animal. 53. Powers in relation to people. RPPL No. -?9-?5~8!....,,--=--::-:-=-:c (pas.<ecl as HOllse IJiff No 9-33-1, HIJ1) PART 8. BIOSECURITY INTERNAL CONTROL. 54. Pest and disease surveys. 55. Entry, search and seiznre. 56. Detention and testing of animals and plants and their prodncts. 57. Treatment or destruction of animals and plants and their products. 58. Infested biosecurity controlled areas. 59. Regulation of infested biosecurity controlled areas. 60. Pest-free biosecurity controlled areas. 61. Regulation of pest-free biosecurity controlled areas. 62. Destl'llction of wild animals. 63. Notifiable pests and diseases. 64. Beneficial organisms and biocontrol agents. 65. Miuistry plan for the control of simians in the Republic. PART 9. BIOSECURITY EMERGENCIES. 66. Declaration of a bioseclII'ity emergency area. 67. Response to a biosecurity emergency. 68. Action in a biosecllrity emergency llJ·ea. PART 10. THE REPUBLIC OF PALAU DIVISION OF BIOSECURITY. 69. Organization of the Division of Biosecurity. 70. BioseclII'ity registel's and records. 71. Status of biosecurity registers and recol·ds. PART II. ADMINISTRATION OF THE ACT. 72. Fees, charges and fines. 73. Biosecurity advisory committees. 74. Facilities at biosecurity points of entry 01" departul·e. I)age 3 of61 75. Biosecurity approved premises. RPPL No. -=9-::,5=..:8:.....,.-:-::-..,...-:-:-:= (Ptlssed tiS HOllse Bill No Y-.U-2, HD2) PART 12. OFJi"ENSES AND PENALTIES. 76. Obstruction, false information and related offenses. 77. Fraudulent use of official documents. 78. MaxilllulII penalties. 79. Ji"orfeiture. PART 13. MISCELLANEOUS PROVISIONS. 80. Abandoned goods. 81. Actions against Republic of Palau; Compensation. 82. Publication of orders and notices. 83. Regulations. 84. Repeals and savings. 85. Consultation and Coordination. 86. Intemational Cooper-ation. 87. Severability. PART I. GENERAL PROVISIONS. Section l. Short litle. This Act may be cited as the Biosecurity Act of 20 14. Section 2. Definitions. (3) In this Act, unless the context otherwise requires: (I) "Animal" means any lIIamlllal (other than a hum:1II), bird, insect, amphibian, reptile, fish, mollusk or other membe.· of the animal kingdom, whether alive or dead, and includes the egg, emb.),o, ova or semen and any organic animal tissue f!"Om which another animal could be produced, and the hide, skin, hair, feathers, shell, hOl"l1s, hoof. visce"a or any othe.· part or portion of the body of an animal; (2) "Animal p"oduet" means any ar'licle 0.· substance derived f!"Om an animal , whether or not in combination with any other article or substance, and iucludes: (A) meat, fat, milk, whey, cream, butte.', cheese, eggs and other foodstuffs derived from an animal; (B) the dung, urine, feces, saliva, bone or blood of an :1IIim:.I, or any article or substance derived fro III the dung, urine, feces , saliva, bone or blood of an Page 4 of 61 RPPL No.9-58 (PlIs,\'cd liS HlIlIse-' B;;/~'I/;-N~/-=) -;:9""-3;:3;--2:-.-;H::-l;;~.-::C') animal; (C) the secretions of any animal; and (0) any product or biological preparation derived from any animal tissue or animal secretion; (3) "Article" means a single unit of any goods; (4) "Baggage" means any goods which accompany a passenger 0" crew member on a conveyance, including clothing and any article attached or otherwise connected to the body or clothing of any passenger or crew member; (5) "Biosecurity" means the conh'ol by legal and administrative means of pests and diseases affecting animals, plants and their products, in order to avoid adverse effects from such pests and diseases on the economy and health of the Republic of Palau; (6) " Biosecurily approved premises" means premises approved for' thl' inspection, testing and tr'eatment of regulated articles; (7) " Biosecurity authority" of a receiving country means the authol'it y in that country which administers its biosecurity laws; (8) " Biosecurity certification requirement," in relation to an article, means a requirement by a receiving country for a sanitary or phytosanitary certificate in I'espect of the article; (9) " Biosecurity c1eal'3nce," in respect of a regulated article 01' consignment, means biosecurily impol't cle:tl'3nce or biosecurity export clearance; (10) " Biosecurily control" of a regulated article means submission of the al,ticle fOl' inspection under this Act, and thel'eaftel' taking such biosecurity measur'es, 0" permitting such measures to be taken, as are directed pursuant to this Act, until biosecurily clearance is granted in respect of the article; (II) "Biosecurily declaration" in relation to an article or consignment means a written statement of the nature, quantity and origin of the article or consignment, and of other details ,'elating to it required by or under this Act; (12) " Biosecurity emergcncy" means the incursion or suspected incursion of a regulated pest or disease into any are.1 of the Republic of Palau, or thc existcnce of some other biosecurity thre.1t, which rcquires urgent action, whether by eradic'ltion, Page 5 of 61 R P P L No. ---:c:9::,-5::-;8,,-::--=--=-:-=-o­ (Pas.<ed as Hause IJiII N il 9-33-2. HD2) containment or' other response, and for which thc powers under' this Act are not othenvisc adequate; (13) "Biosecurity inspection" of an incoming or outgoing conveyance, lu·ticle or consignment means an inspection to asccrtain whether the conveyance, arlicle or consignment presenls a biosecnrity risk to the Republic of Palau or a receiving counlr'y and whether in other respects it conforms to the requirements of this Act; (14) "Biosecurity mc,"lSU re" means the inspection, detention, quarantining, testing, treatment, reconsignment or dcstruction of a regulated article to eliminate or' rednce the biosecurity threat presented by the article; (\5) "Biosecurity officer'" means thc Chief and his or her deputy, if any, and any person designated a bioseclll'ity officer in accordance with this law or Executive Order; (16) " Biosecnrity risk" means the likelihood of the introduction, estnblishment or spread of a pest or disease which would adverscly affect animals, plants. human beings, the environment or economic activities, and the likcly extent of such harm; (17) "Biosecurity risk assessment" in relation to a regulated article menns evaluation of the biosecurity risk posed by the article; (18) " Biosecurity thre:rt" menns the threat of hnrm being caused or adverse effccts resulting to nnimals, plants, human beings, the environment or economic activities as a "csnlt of the int roduction, establishment or spread of a regulated pest or disease; (19) "Chier' means the Chief of the Division of Biosecnrity; (20) "Consignment" means a quantity of goods which arrive in thc same vessel or aircraft and which in accordance with this Act can bc covcrcd by a single import permit or sanitary or phytosanitary certificatc; (21) "Contamination" means the presence in any itcm ofa pest, not constituting an infestation; (22) "Conveyance" means a ship, aircraft, vehicle 0" olher' means oftranspo,·ting people, goods or animals from one location to another, while it is being uscd or prcpared for snch transport; (23) "Disease" mcans any unhealthy condition in an animal or pl:lllt which is known or suspccted 10 be caused by an organism, and includes a discase transmissible Page 6 of 61 RPPL No. -:-e:9-:-:--:,:5S,,-:--::-::-.,..--,-=c­ (Passed as House Bill Nil 9-33·2. HD2) f!"Om animals to humans and a disease capable of harming the environment; (24) " Division" means the Republic of Palau Division of Biosecurity constituted by Section 69; (25) "Establishment;' in relation to a pest or disease means the perpetnation in an at'ea of the pest or disease for the foreseeable future after its entry into the arell; (26) " Exportel'" means a person who exports 01' seeks to export goods, other than as the master of the vessel or captain of the airCl"aft iu which the goods are CJlrried, and includes a biosecul'ity clem'auce agent; (27) "Fittings" means any stall, box, cage, enclosure, pen, net or other material used for penning, yarding, confining or containiug any animal and includes any harness, saddlel")" !"Ope, bucket, t!"Ough, beddiug, utensil or implement used in the h:1I1dling 01' keeping of animals or animal products; (28) " Fodder" means any watel', meat , vegetables, grain or material used for the food or litter of animals, 01' the storage of animal products; (29) "Garbage" means waste material derived in whole or in part from plants, fruit, vegetables, meat or other plant or animal matel"ial, 01' other refnse of any kind that has been associated with any plants, fruits , vegetables, meat or other plant or auimal material; (30) "Genetic material" means any material of phIJlt, animal, microbial 01' othel' origin containing functional units of heredity; (30) "Goods" means any kind of moveable property or thing; (31) " Host material" means any packing matel'ial, container, fittings, litter, m:IJIIII'e, fodder or similar goods that might have had coutact with animals 01' animal pl'oducts; (32) "Importer" means a person who imports or seeks to import goods, other than as the master of:l vessel or captain of the aircraft in which the goods arc cmTied' lind includes a biosecurity clem'ance agent; (33) " In transit," in relation to goods, means the goods al'e not impOI·ted into an area but pass through it to another area, whether by the same or another conveyance, during whicll time they remnin enclosed, are not split up, are not combined with othcl' Pagc 7 of 61 goods, and do not havc their packaging changed: RPPL N 0, -:f.90:---7c58~--:-::--::-::=::-, (PII.",ed II.\' Hml.,,, lIil/ Nil 9-33-2, flD2) (34) " Infected," in relation to an animal 01' plant, means that the animal 01' plant is diseased 01' may have been exposed to the risk of infection during the pl'eceding 6 months: (35) " Infested," in relation an item or area, means that thcrc is pl'escnt in the item 01' aI'ea a living pcst or diseasc; (36) " [PPC" mcans thc International Plant Protcction Convcntion of the Food and Agriculture Organization of the United Nations: (37) " Introduction," in relation to a pest or disease, means the cntry of the pest 01' discase into an area, resulting in its establishment in the area: (38) " ltcm" means any kind of moveablc or immoveablc propcl'ty or thing, including premises; (39) " Living organism" means any organism capable of transfe .... ing 01' rcplicating genctic matel'ial, including sterile organisms, viruses, viroids, plasm ids, bactcriophages and prions; (40) "Microbc" means any organism or biotic cntity of microscopic PI'opol'tions, whcthcr unicellular, multicellular 01' sub-cellular in common form; (41) " Ministcr" means the Minister of Natural Resources, Envil'onment and Tourism; (42) "OlE" mcans the Office International des Epizooties; (43) "Organism ' mcans a biotic entity capable of reproduction or replication othel' than a human: (44) • Packing material" mcans any fabric, paper, cardboard, plastic, wood, straw, grass or leaves used in packing any goods, and any othel' type of mlllerial in which goods al'c covered, enclosed, contained or wrapped; (45) " Person ' means a public or private institution. corporation, p:u'tnership, joint venture, association, firm , or company organized or cxisting under thc laws of the Republic or of any state or country, or an individual: (46) " Pest" means any species, strain or biotype of a plant, animal, micl'Obe 01' pathogenic agent, or any organism, which: Page 8 of 61 (A) causes disease; or R P P L No, -::=:9-:;--5'O:8"--c--=--:---o-=c­ (p1I.<5cd II.' House /Jill N il 9-.1.1-1, H1J1) (8) is detrimental to or capable of harming or adversely affecting anim:lls or animal products, plants or plant products, human beings 01' the environment; (47) " Phytosanitary certificate" means a certificate relating to a plant or plant product which: (A) is issued by the biosecurity authority of the country of ol'igi ... (8) certifies that the plant or plant prodnct is substantially free from plant pests aud diseases and in other respects meets the plant health import requil'ements of the receiving country; :lIId (C) is pattenled after the model certificates of the IPpe; (48) " Plant" includes seeds, germplasm, any othel' part of a plant and a dead 01' preserved plant; (49) " 1>lanl matedal" means any unmanufactured material of 1)l:lllt origin, including graiu; (50) " Plant product" means: (A) plant material; (8) timber; and (e) any product manufactured wholly or partly from oue or more plants: (51 l " PPPO" means the Pacific Plant Protection Organization: (52) " Reconsign," in relation to a regulated article 01' consignment which has been I'efused biosecudty import clearance, means to send the article 01' consignment out of Ihe Republic of Palau, either by the vessel or aircraft on which it was imported or by another vesse.1 or aircrnft; (53) " Regulated article" means: (A) any animal or animal product; (8) lilly plant 01' plant product; (el any living organism, whether modified or not : (D) so il : (E) any genetic material; (P) human remains; Page 9 of 61 (G) any host material; (Il) a regnlated pest or disease; RP P L N 0, ~9--::,57.8=--:,.-=--::-:-:-:= (PtI" ... ed tI," HtllI" e l1il/ N(J 9-33-2, fI 02) (I) any clothing, machinery or othe,' article that contains 0" h:ls :ldhering to it anything mentioned in paragraph (:I), (b), (c) or (d); (J) garbage; (K) any other article, snbstance, goods 0" thing declared by the Minister by order to be a regnlated :lrticle for the purposes of this Act; (54) " Regulated consignment" means a consignment of regnlated :!I,ticles; (55) "Regulated pest 0" disease" means a pest or disease the importation of which into the Republic of Palau is prohibited or restricted under section 4; (56) "Sanitary certificate" means a certificate relating to an animal or animal product which: (A) is issued by the biosecurity authority of the country of origin or rc-exporting country; (8) certifies that the animal or animal product is substantially f,'ce from animal pests and diseases and in othe,' respects meets the animal health import requirements of the receiving country; and (C) complies with relevant requirements of the SPS Agreement; (57) "SPS Agreement" means the World Trade Organization Agreement on the Application of Sanitary andPhytosanit:lry Me:lsures; (58) "Timber" includes round wood, sawn wood, wood chips and dunnage, with or without ba"k; (59) "Tre.'ltment" means an authorized procedure for the killing, ,'emoval, modification or rendering infertile or non-viable of a pest or disease by way of cleausing, fumigation, inoculatiou, disinfection, disinfestation, decontamination, or othenvise, Section 3, Responsibility for the Act; delegation, The Ministe,' shall be responsible for the implementation of this Act, Unless othenvise specified he,'ein, the Minister shall exercise all powers necessary to enforce this Act, and may delegate those functions not expressly conferred to others by this Act, PART 2, BORDER Bl0SECURlTY CONTROL. I'age 10 of61 R P P L No. --::-:9:-"'-7.5.=.8 -:C-=-::-::-""":":7""" (pl/ssed C/.f Hml.fe Bill N() 9-.13-2, H D2) Section 4. I~egulated pests and diseases. (a) The Ministel' may by order declare the pests 01' diseases: (I) the importation of which is pmhibited for all purposes: (2) the importation of which is permitted subject to conditions. (b) A person who imports or attempts to import a pest or disease which IS prohibited under subsection (a)( I) commits an offense. (c) A person who imports or attempts to import a pest or disease which is regulated under subsection (a)(2) in breach of the conditions of import, commits an offense. Section 5. Prohibited imports. (a) The Minister may by order pl'ohibit the importation of: (I) particular regulated articles from all countl"ies; or (2) particular regulated al·ticles from one or more particular counlr'ies of origin. (b) An order under this section in respect of an article: (I) may be made at any time before biosecul"ity import c1eal'ance is granted in resJlect of the al·ticle; and (2) continues in force until the Jlrohibition is revoked or modified. (c) If:l Jlerson imJlorts or attempts to imJlort a Jlrohibited article. (1) the Jlerson commits an offense; and (2) biosecurity import cleal'3nce under section 25 may be I'efused for the article. (d) Before making an order under this section, the Minister shall obtain: (1) a pest risk analysis; (2) the advice of the Chief and of relevant technical section heads. Section 6. Biosecul"ity points of entlY and departure. (a) The Minister may, consistent with Palau law, designate as biosecurity Jloints of entry the JlOliS, airJlorts and post offices at which regulated articles may enter the ReJlublic of Palau. (b) Subject to subsection (i), a master or captain who ~lUses or Jlermits an Page II of 61 RPPL No.9-58 (po.,sed (IS HOllsc-' lfc~i"'I/~N:O-o-9::- -;;:.l.::-1 -::1.-H=D-:Cl) incoming vessel or' aircraft to berth or land except at a port or airport that is a biosecuri ty point of entry commits an offense. (c) A person who imports, or attempts to import, a regulated ar·tide or consignment except nt n biosecurity point of entry commits an offense. (d) The Minister mny, consistent with Palnu Inw, designllte ns biosecurity points of deparTure the ports , airports nnd post offices at which regulated articles may be exported. (e) A master or captain who causes or permits a vessel or aircrafl to leave the Republic of Pnlnu except from n port or nirport thnt is a biosecurity point of departure commits nn offense. (f) A person who exports, or attempts to export, a regulated article or' consignment except at a biosecurity point of departure commits an offense. (g) A designation of a biosecurity IJoint of entry or departure may be limited to par·ticular types of vessels, aircraft or articles or to arrivals from or exports to particula I' countries, to the extent consistent with Palau law. (h) A vessel or aircraft may berth or land elsewhere than at a biosecurity point of entry: (\) if constrained by adverse weather, mechanical failure or superior for'ce; or' (2) if so directed by a duly authorized biosccurity officer'. (i) In the circumstances mentioned in subsection (h), the place where the vessel has berthed or the aircraft has landed is deemed to be a biosecurity point of entry for the purposes of this Act, once the Chief has been notified of the berthing or landing. UJ Before making an order' under' subsection (a) or (d) the Minister should consult with the officers or authorities responsible for thc movement of vessels, aircraft and postal items ill thc Republic of Palau. Section 7. Designation of biosecurity holding areas. (a) The Minister', to the extent that such does not connict with Palau law, may by order designate: (I) any territorial waters or any part of a port as a biosecurity port Page 12 of 61 holding area for vessels; RP P L No. ---:-;-;9-:-:---:c5,=.8-::-::--:-::---:-:-::-::­ (p",~,elills House Bill No 9-33-2, H 1)2) (2) any part of an airport as a biosecurity port holding area for aircrnft; (3) any IIrea of land at 01' adjncent to a port or airpol'l as a bioseclII'ity goods holding area fOl' incoming or outgoing contninel's and goods; and (4) nny part ofa post office that has been designated as a biosecurity point of entry or departure as a biosecurity postal holding area for incoming or outgoing mnil; (b) Before making an order under this Section the Miuistel' should consult with the officers or nuthorities responsible for the movement of vessels, aircraft and postal items in the Republic of Palau. Section 8. Management of biosecurity holding areas. (a) Sections 36(b) lind (c) apply to biosecurity holding areas as they npply to hiosecllrity qunrantine stations. (b) No person, other than the person in charge of the area Ol'll biosecul'ity officel' acting in the course of duty, may enter a biosecul'ity holding arell without the written permission of the Chief or the permission of the person in charge of tire area 01' of a biosecurity officer llcting in the course of duty. (c) A duly authorized hiosecurity officer may, in order to red lice a hioseclII'ity threat, lock, seal or othenvise prevent entry to and exit from a biosecurity holding area 01' any building in it. (d) A person who: (I) enters a biosecurity holding area without per'mission pursunnt 10 subsection (2); or (2) damages, interferes with or in nny way reduces the effectiveness of measures taken to secure a biosecurity holding nrea, or any regulated llrticle or other item in the area, commits an otTense. (e) A person who removes or attempts to remove from a biosecurity holding area any regulated article without obtaining biosecurity clearance in respect of it, unless for the pnrpose of biosecul'ity mellsures being applied to the al,ticle in accordance with this Act, commits an otTense. Page 13 of61 Section 9. Biosecurity clearance agents. RPPL No. ~9-,-'-5,,-,8"-c--,-,- ~ (Plls.<etill.< HOllse /Jill No 9-33-2. HI)]) (a) A person who proposes to import or' export "egulated articles through a port or ai'·po,·t and who will not be p"esent at the designated po,·t or airport when biosecudty inspection is to take place must: (\) in writing appoint someone present in the Republic of Palau as biosecurity c1clJrance agent for the purposes of this Act; and (2) noti~y the Chief in writing of the appoiutment before the agent performs any agency functions. (b) A biosecurity clearance agent appointed unde,' subsection (a) ceases to be an agent for the purposes of this Act if the Chief notifies the importer or exporter in wdting that, in the opinion of the Chief, the agent's conduct in the perfo"mance of functions under this Act "enders the agent unacceptable fo,' pur'poses of this Act. (c) Notice under subsection (b) must be given in sufficient time to allow the importer or exporter to appoint another agent. (d) A biosecurity clearance agent who performs or purports to perfor'm any functions of an impo,"ter or expo,·ter under this Act is liable to the same extent as the importer 0" exporter for any act 0" omission which amounts to an offense or which creates any legal obligation under this Act. (e) If a person referred to in subsection (a) fails to comply with that subsection, biosecurity clearance will not be granted for any regulated article or consignment which the person seeks to import or export. PART 3. VESSELS AND AIRCRAFT Section 10. Biosecuritv an'ival decla,·ation. (a) The master 0" cuptain of every vessel or ai,"Craft destined for the Republic of Palau must make to the Chief a biosecudty arrival declaration stating: (l) the destination port or airport in the Republic of Palau and the estimated time of ll'Tival of the vessel or ai"craft; (2) its immediately preceding po,·t 0" place of call; (3) the proposed itinerary of the vessel or airc"aft until it leaves the Republic of Palau; Page 14 of61 R P P L N 0, ---:=:9-".:5:=:.:8'---c---,-,---,---,.~ (PlIssed liS H(Jusl! Bill Nt) 9-33-2, H /)2) (4) the nature and country of origin of its cargo; (5) the number of passengers and crew; (6) the presence of any live animal or live plant aboal'd the vessel or aircraft : (7) the nature of any illness or malady affecting any live animal, plant , crew member, passenger or other individual aboal'd the vessel or aircraft: and (8) any othel' matter relevant to facilitating biosecurity landing c1ear'ance of the vessel or aircraft that is specified by the Chief, (b) The declaration required by subsection (ll): (I) must be made not less than twelve (12) hours in the case of a vessel, or sixty (60) minutes in the case of an ail'craft, befOl'e the estimated time of arriva l; (2) may be made by electronic means, in accordance with directions of the Chief issued from time to time: and (3) may be made through a biosecul'ity clearance agent, (c) A master or captain who contravenes a provision of subsection (a) commits an offense, Section 11. Hiosecnritv landing c1eal'ance, (a) The master or captain of every incoming vessel or aircraft mllst: (1) take the vessel or aircraft directly to a biosecllrity port holding al'ea as directed by a biosecurity officer; (2) pel'mit a biosecllrity officel' to board and search the vessel 01' aircraft in accordance with section 43(a); (3) provide to the officer the log, cal'go manifest, bill of lading, stol'es list, passenger list, crew list and any other docnment that is on or in and I'elates to the vessel or ail'craft and that the officel' reasonably requests for the purposes of this Act; and (4) complete an incoming conveyance biosecurity certificate, in the for'm specified by the Chief, certifying that all garbage, live animals, meat or animal products and plants or plant material on board the vessel or aircr'aft will be lawfully disposed of, Page 15 of 61 R P P L N o. ---::=:9-c::5",8~-=-=--:-c~. (Pas.<eJ/ as House /Jill N o 9·.13·1. HIJ2) (b) After inspecting relevant documents and conducting any necessary sear-ch of an incoming vessel or air-craft, and if satisfied: (I) tllllt the vessel or aircraft does not have on board any "egulated article that might pose a biosecnrity threat to the Republic of Palan; and (2) that the prescribed fee, if any, has been paid, a biosecnrity office,' may grant biosecurity landing clearance to the vessel 0" aircraft. (c) Biosecurity landing clearance means that a vessel or aircraft may land c,'ew members and any cargo or passengers on board, but the crew and any cargo 0" passengers remain subject to biosecurity control under this Act, (d) Biosecurity landing clearance must be refused if a biosecurity office,' o,'de,'s the vessel or aircraft into port quarantine pursuant to section l2(b). (e) A master or captain who contravenes a provision of snbsection (a) commits an olTrnse. (f) A master 0" captain who lands any crew, cargo or passenge,'s from a vessel or aircraft without biosecurity landing clearance, except with the permission of a biosecurity officer, commits llll offense, (g) A crew member 0" passenger who lands from a vessel or aircraft befon' it hns ,'eceived biosecurity landing clearance, except with the permission of a biosecurity officer, comm its an offense, Section 12, Biosecuritv port quarantine of vessels nnd aircraft. (a) The Minister may by order designate: (I) any territol'ial waters or any part of a port as a biosecnl'ity port qUl,rantine a,'ell for vessels; (2) any pa,'t of an airport as a biosecurity port quarantine a"ea for ai,'craft, (b) If a biosecul'ity office,' reasonably suspects tbat an incoming vessel or airc,'aft is: (I) infected 0" infested with a regulated pest or disease; or (2) carrying any regulated a "ticle which might pose a biosecnrity th,'eat to the Re.pubJic of Palau, the officer may order the vessel or aircraft into biosecul'ity Page 16 of 61 port qual'antine. RPPL No. ----;;:9-~58" ;; = = : ~ (PII.~'l!t1l1s H(}lIse /Jill Nil 9-33-2. 111)2) (c) If a vessel 01' aircraft is ordered into biosecurity pOI'! quar:lI1tine under subsection (a), a biosecuI'ity officer may: (I) order the master or captain to remove the vessel or aircraft to quarantine in a biosecurity POl't quarantine area; or (2) if necessary, arr'ange for the vessel or aircraft to be removed to the biosecurity port quarantine area, (d) The cost of removal of a vessel or aircraft to biosecurity port quarantine is to be borne by the owner or charterer, (e) The owner or charterer and master or captain must each be given written notice stating the I'easons fOl' an ol'der undel' this section in respect of the vessel 01' aircraft :Ind, if it was removed under subsection (c), the whereabouts of the vessel 01' aircraft. (f) If the Chief reasonably believes thllt a vessel 01' aircnlft poses a serious biosecurity threat to the Republic of Palau which cllnnot adequately be dealt with by appropI'iate biosecurity me.1sures, the Chief may order the vessel or aircraft to leave the Republic of Palau. Section 13, Management of biosecurity port quarantine areas. (a) No person, other than the person in charge of the area 01' a biosecurity officer acting in the course of duty, may enter a biosecurity port quarantine area without the WI'itten permission of the Chief 01' of the person in charge of the area, (b) A person who: (1) enters a biosecurity port quanlntine area without pel'mission; or (2) damages, interferes with or in any way I'educes the effectiveness of measures taken to secure a biosecurity port quarantine area, 01' any I'egulated al'ticle or other item in the al'ea, commits an offense, Section 14. Conduct of vessels and aircraft in biosecurity port quarantine. (a) The Chief may give written directions to the master of a vessel or captain of an aircraft in biosecurity pOI't quarantine: (I) as to the movement of the vessel or ai.-craft while it is in quarantine; Page 17 of 61 RPPL No. ---::-:9,:-:---=:5=-8.,.,...,.~~ccc (Passed as HOllse /Jill No 9-33-1, HD2) (2) as to the movement of passengers, crew and cargo while the vessel or aircraft is in quarantine; and (3) as to any treatment or other biosecu.·ity measure that must be applied to the vessel or aircn.ft. (b) The cost of keeping a vessel or aircraft in biosecurity port quarantine is to be borne by the owne.· or cha.·tere ... (c) A master or captain wbo fails to take all reasonable steps to ensure that the vessel or ai'"Cntft and its cargo, uew and passengers conform to directions given under subsection (a) commits an olTense. Section 15. Biosecurity port quarantine clearance of vessels and aircraft. (a) If satisfied: (I) that a vessel or aircraft in biosecurity port qnarantine is substantially free f.·om regnlated pests and diseases; (2) that any potential biosecurity risk from ships' stores and other regulated articles on the vessel or aircraft is snitably contained; and (3) that the prescribed fee, if any, has been paid, a biosecurity officer may grant biosecurity port quarantine clearance fo.· the vessel 0'· aircraft to unload passengers and cargo. (b) Biosecurity port quarantine clem·ance of a vessel or aircraft may be granted unconditionally, or conditioned on entry into a bond to the Government, in the for·m specified by the Chief, by the master of the vessel or captain of the ai.·craft, for compliance with :rny .·equirements imposed pursuant to this Act in respect of the vessel 0.· aircraft or cargo. (c) Biosecurity port quarantine clearance of a vessel or aircraft has the same elTect as biosecurity Ilrnding clea.·ance granted under section II. Section 16. Outgoing vessels and aircraft. (a) If a biosecurity office.· h:ls reason to believe that there is on board an outgoing vessel 0.· ai.·craft any regulated article that requires biosecudty e~port clearance and that has not been cleared, the officer may: (I) bO<l.·d and search the vessel or aircraft in accordance with section Page 18 of 61 RPPL No.9-58 (Plissed liS HOllse-' B"',:';-'//'""'N;7,"-, 9;;--~3.-:;-l-~2:-. H=DC:-Z)< 43(a): (2) request the master or captain to produce for inspection the cargo manifest, bill of lading, stOl'es list, passenger list, crew list and any othel' document that is on or in and relates to the vessel or aircraft and that the officer reasonably requires for the purposes of this Act: (3) direct the master or captain not to move the vessel or aircnlft unless permitted by the officer, and then only as directed by the officer: (4) dil'ect the vessel or aircnlft to be subjected to any treatment 01' othel' biosecurity measure that is prescribed or specified; or (5) give to the master 01' captllin any othel' lawful direction Ihat is reasonably I'equired to protect the destination country from a biosecul'ity thl'eat posed by the vessel or aircnlft. (b) A master or captain who: (I) refuses to permit a search pursuant to subsection (a)( 1); or (2) fails to comply with a request or direction given under subsection (a)(2) to (5), commits an offense. Section 17. Environmental obligations of masters and captains. (a) The mastel' of every incoming vessel must, while the vessel is in the Republic of Palau: (I) take all necessary steps to prevent any animal on b03l'd the vessel from making contact with any animal on shorc nnless pel"lllilted by a biosccnrity officcr, and then only as directed by the officcl': (2) seal all hatches and holds and cargo areas during the honrs of darkness, cxcept as needed for the wOI'king of the vessel or its cargo. (b) Thc mastcr of cvel), incoming vessel mnst take all reasonable stcps to ensure that: (I) no garbage containing any animal, plant, 1lI1imlli pl"Oduct 01' plant pl"Oduct: and (2) no bilge water 01' ballast water, is discharged from the vessel into the sea while the vessel is in the Republic of Palau. Pagel90f61 RPPL No.9-58 (passed as HOllse-I;;JI:O-·I1'""'N:O-,"-, 9;:--~3"""1-~2'-. H=f)""2) (c) The master of every incoming vessel and captain of every incoming nirc.-aft mnst, while the vessel or nircrnft is in the Republic of Palau, take all re.1sonable steps to ensure tbat: (I) nil gnrbage generated on the vessel or aircraft is placed in a suitable leak-proof containe,·, with a lid, and the container is secu,·ely fastened at all times and kept within the vessel or aircraft; (2) garbage is only removed from the vessel or nircraft under· and III llccordance with the directions of a biosecurity officer. (d) The master of every incoming vessel and captain of every incoming airc,·aft mnst take all reasonable steps to ensnre that no ships' stores are removed from the vessel or lIircrllft while it is in the Repnblic of Palau, except under" and in accordnnce with the directions of n biosecnrity officer. (e) A biosecnrity officer mny lock or seal the stores of any incoming vessel or aircraft while it is in the Republic of Palnu. (I) The cost of disposal of garbage under this section is to be borne by the owner or charterer of the vessel or aircraft. (g) A master who contravenes subsections (a), (b), (c) or (d) 01" a captain who cont.-avenes subsection (c) or (d) commits an offense. (h) An incoming vessel must comply with any de-ratting requirements prescribed by regulations. Section 18. Passengers aud crew members. (a) In accordance with, and in the form prescribed by Regulations, every passenger or crew member who arrives in the Republic of Palau on boa,"d a vessel or" a il"Craft must make a passenger arrival biosecurity declaration containing the specified particulars relating to the person and any baggage that accompanies the pC/·son. (b) When a declaration is tendered under this section, a biosecurity oflicer may: (1) question the passenger or crew member; (2) inspect the baggage to which it ,"elates; and (3) if necessary, question a spouse or family member included on the declaration. Page 20 of 61. RPPL NO.9-58 (passed as HlJllse-B-;;/:;-'II;'":N;';o~9--;;33-:;---:1:-, H=f)"'"l) (c) After taking the steps in subsection (d), a biosecurity officer may either gnInt biosecurity entry clearance of the per"Sons and baggage to which the declaration relates, or: (I) detain the passenger or crew member for further questioning and sea rch; aud (2) detain the baggage and other articles in the possession of the passenger or crew member for flll·ther inspection and application of other biosecur'ity measures as the officer consider's appropriate. (d) A person who fails: (1) to make a declaration as required by subsection (a); or (2) to submit baggage for inspection when so directed; commits an offense. (e) Section 53 applies to the questioning, deteutiou and searching of per'sons under this section. PART 4. BIOSECURJTY IMPORT PROCEDURES Section 19. Biosecurity entry inspection of incoming articles. (a) Every incoming article or consignment of articles is subject to biosecurity entry inspection by a biosecurity officer at the biosecul"ity point of enll")' to ascertain whether it is or' includes a regulated article. (b) If an importer of goods fails to make the goods available for biosecurity entry inspection at the biosecurity point of cntry at the request of a biosecurity officer, (1) the importer commits an offense; and (2) the goods may be reconsigned or destroyed as if they wer'e a regulated article for which biosecurily entry clearance had been refused. (c) If, after inspecting an incoming article or consignment, a biosecur'ity officer is satisfied: (l) that it is or includes a regulated article, the provisions of this Par·t apply to it; and (2) that it is not or does not include a regulated article, the III·ticle or consignment may be released from the biosecul"ity point of entry upon payment of Page 21 of61 RPPL No, 9-58 (Pa,,,,eti as HOII.,e-· B~':-;:'I/;-;Ncco-9;:---;J,"'1--;2:-, H=/)C:C2) the prescribed fee, if any. (d) If an incoming article or consignment is not inspected under this section, a biosecurity officer is deemed to be satisfied that it is not 0" does not include a regulated a.1icle, and subsection (c)(2) applies to it. (e) Section 45 applies to an inspection under this section, (I) The opinion of a biosecurity officer under this section as to whethe.' an a.'ticle or consignment is 0., includes a regulated article is conclusive fOl' the purposes of this Act, (g) This section does not apply to baggage accompanying passenge.'s 01' crew members, Section 20, Biosecurity import clearance of regulated articles, (a) Every incoming article or consignment of regulated articles, (I) is subject to biosecu"ity import clearance inspection by a biosecurity office.'; and (2) for that purpose must be taken to or retained in a biosecurity holding area for inspection, (b) An application for biosecurity import clearance of an article or consignment must be made to a biosecurity officer in accordance with, and in the form specified by the Chief, and be accompanied by the prescribed fee, if any, (c) The importer of a regulated article 01' consignment must, on the request of a biosecurity officer: (I) if the article 01' consignment is in a containe.', open the container or enable the officer to do so; (2) allow the officer to inspect the article or consignm~nt in accordance with section 45; (3) allow the officer to take samples llIld conduct tests in accordance with Part 7 to enable the officer to determine whether biosecurity import cleanll1ce should be granted; (4) if tbe articlc or consignment ,'cquircs biosecurity mcaslll'es to be applied to it, submit thc a.,ticle or consignment to such measures, (d) Thc cost of taking an article to a biosecurity holding a.'ea, and of keeping it Page 22 of 61 RPPL No.9-58 (PlIs.mlll., HlJllse-' ""B';;iII';:-N~(}-'9:--3::-:3:- 72.--'H;-;l-;:~-=-2)· there, is to be borne by the impo,·ter of the article. (e) If the impo,·te,· of a regulated article or consignment fails to comply with any of the requirements of subsection (c): (a) the person commits an ofl"ensej and (b) a biosecurity officer may refuse to grant import cleaJ"llnce for the article or consignment, and may order the article or consignment to be "econsigned or destroyed. (f) This section does not apply to passengers or crew members. Section 21. Grant and refusal of biosecurity import clearance. (a) Before gJ"llnting biosecurity import clearance of an article or consignment, a biosecurity officer must be satisfied that the a,·ticle meets the biosecurity import requirements in re.lation to it, that is to say: (l) if a biosecurity import Ilennit is "equired, it has been obtained for the article or consignment and the conditions of the permit have been complied with: (2) if a sanitary or phytosanitary certificate is required for an article, the relevant certificate has been issued by the country of origin, and any requi"ement in it complied with; (3) if any other biosecu"ity measures arc specified under section 22(a)(3), they have be.en applied to 0" in respect of the article or consignment. (b) If satisfied in respect of an article or consignment of the matters mentioned in subsection (a), and that all prescribed fees and ch'lrges relating to the a,·ticle or consignment have been paid, a biosecurity officer shall grant biosecudty imllO.·t clearance for the article or consignment. (c) If the biosecurity risk p"esented by an incoming regulated article 0" consignment so requires, a biosecurity officer may refuse to grant biosecurity import clearance for the article or consignment, or may requi"e additional biosecurity measures to be applied to it, even if the ar·ticle or consignment meets the biosecurity import specifications in relation to it. (d) Biosecurity import clearance may be made conditional on the ,wticle perfOl'ming biosecurity quarantine if: Page 23 of 61 R P PL No. --"',9-.,-'5""8=-- (p"ssed "s Hallse mil No 9-,13-2. flD2) (I) quarantine is a biosecul"ity import requirement for the article; or (2) during biosecUl'ity entry inspection or biosecul"ity impo,·t clear'ance inspection the ar'ticle is found to be. or is suspected to be. infested. infected 0" contaminated. (e) Biosecurity impo,1 clearance shall be refused for an incoming a"ticle which is a p,'ohibited import. (I) A biosecurity office,' may cause any incoming a,·ticle or consignment with respect to which biosecurity import clearance is refused to be recollsigned 0" destroyed. but the importer mllst be given reasonable time to make arrangements for reconsignment of the article or consignment befo,'e it is destroyed. Section 22. Biosecuritv import specificlltions. (a) The Chief may specify in respect of incoming regulated articles: (I) whether a sanita,"y 0" phytosanitary ce,1ificate from the biosecurity authority in the country of origin is reqnired for lin article and if so the matters that must be certified; (2) whether a biosecurity import per-mit must be obtained for the article and if so the conditions to be attached to the permit; (3) what biosecurity measu,'es. if any. must be al1lllied to the article on arrival in the Republic of Palau before biosecnrity import cleanlllce can be granted. (b) Specifications under suhsection (a): (I) may be different for different types and quantities of regulated article; (2) may be by reference to the country or area of ol"igin of the article; and (3) must only be those reasonably necessary to reduce or eliminate the biosecurity risk to the Republic of Palau presented by the article. (c) Specifications made under subsection (a) in respect of an article may be changed at any time before biosecurity import clearance is obtained in respect of the article if the biosecnrity risk presented by the article or consignment changes. (d) Notice of a change in an import specification in respect of an article should be given to intending importers as soon as practicable but no liability a"ises f"om a failu"e to Page 24 of61 RPPL No, ---,-o<9-",5~8,,-- (pi/ssed liS H'III" e Ilill No 9-33-1, HD1) do so, (e) Specifications made under this section must be published in the biosecurity registel', Section 23, Biosecurity access arrangements, (a) A person proposing to import a regulated article: (I) that is not the subject of a biosecurity import specification; 01' (2) fl'om a country that is not the subject of a biosecul'ity import specification, must apply in writing to the Chief for a specification under section 22 in respect of the article, (b) An application under subsection (a) in respect of an article must give snch infomlation about the biosecurity pl'ocedures of the country of origin, the nature of the 'lI'ticie and the proposed importation as is needed to enable, the Chief to make a biosecnrity risk assessment in relation to the lIrticie. (c) Ullon receipt of an apillication under subsection (a), and on pllymcnt of the prescribed fee, if any, the Chief must as soon as practicable, unless the article is 01' becomes a prohibited import under section 5, make a specification in respect of it in accordance with section 22, Section 24, Application for a biosecurity import permit. (n) If a biosecul'ity import pemlii is required under section 22(a) in respect of n regnlated article 01' consignment, an application for a permit must: (1) be made before the :\I'ticle or consignment leaves the country of ol'igin or, in the case of re-expol'ted goods, the I'e-exporting country; (2) be made to the Chief in the specified manner; and (3) be accompanied by the prescribed fee, if any, (b) A decision on an application for a biosecurity import permit must be communicated to the applicant as soon as reasonably pl'acticable after the application is received duly completed, (c) If the decision is not to grant the biosecurity import permit, the applicant must be notified in writing, with brief reasons. Section 25. Issue of a biosecurity import permit. Page 25 of61 R P P L N 0, -::,,9-~58=---c--,-,- ----.,. (pus .• ed tiS HOl/se IJiII N fl 9-33-1. 1J1J2) (II) If satislied of the mailers set out in section 24, the Chief, or a duly authOl'ized biosecurity officer, may issue a biosecu.-ity imllort permit, (b) The form of a biosecurity import permit is as specilied by the Chief, Section 26, Revocation of a biosecurity import permit. (a) The Chief may at any time, on written notice to the holdel' of II biosecurity import permit, revoke the permit , or vary the conditions of the permit, if a change in the biosecnrity risk to the Republic of Palau pl'esented by the article or consignment to which the permit relates so requires, (b) Biosecnrity import clearance must be refused for an article 01' consignment in I'espect of which II biosecurity impol't permit is revoked, but section 22(d) applies to a revocation as it does to the change of a biosecur-ity specilication, (c) When a biosecurity import permit is revoked, the holder of the permit must surrender it to a biosecurity officer as soon as practicable, (d) A person who contravenes subsection (c) commits an offense, Section 27, Exemption from biosecuritv impol't requirements, (a) The Chief may in writing exempt any regulated article, class of regulated articles or consignment of regulated articles: (I) from any or all of the biosecurity import specilications that would otbenvise apply to the article or class of articles; and (2) from a requirement for a biosecUl'ity import permit that would othenvise apply to the article or consignment, or both, (b) An exemption undel' subsection (a) applies only to a single importlltion, (c) An exemption under subsection (a) may specify the conditions on which the lll'ticle, class of articles or consignment is exempt, If the conditions are not met the exemption ceases to apply, (d) The Chief may grant an exemption under subsection (a) if satislied that the biosecurity risk to the Republic of Pal:lU is not increased as a I'esull, (e) Articles exempted from biosecurity import specilications or the requirement for an import pel'mit under this section are not exempt from the requirement for biosecurity import clearance, Page 26 of61 R P P L N 00 --7:9;:,-5".,S,-::--=--".--.,-=-c­ (PlIS.,etI liS Hmue Rill No 9-33-1011/)]) (I) Th.e Chief should only grant an exemption under subsection (a) if satisfied that the biosecurity risk to the Republic of Palau is nol increased as a resulto Section 280 Articles and passengers ill transito (a) Regulated a,oticles in transit are snbject to biosecurity import cont,ool, and require biosecurity import clearance at a biosecurity holding areao (b) The Chief or a duly authorized biosecurity officer may in writing waive any requirement for a sanitary or phytosanitar")' certificate or biosecurily import peromil which would otberwise apply to articles in It°ansito (c) If a waiver is granted unde,o subsection (b), the Chief or officer may attach conditions 10 the waivero (d) A pe,oson who: (I) deals with articles to which this section applies other than by way of It°ansit; or (2) contravenes a condition specified under subsection (c) in ,oelation 10 them, commits an offenseo (e) A requesl for a waiver under this section must be: (I) made in writing to the Chief; (2) accompanied by the prescribed fee, if any, and the specified documents; and (3) made in sufficient time to allow the Chief or a biosecul"ity officer to give due consideration to the requesto (I) In the case of regulated articles which accompany a new member 01' passengero in transit , (I) subsection (e) is deemed to have been complied with if the passenger or crew member' complies with other requirements foro regulated articles in transit; and (2) Ihe reqnirement in subsection (b) foro a waiver to be in writing does nol applyo (g) A biosecurity office,o may at any time inspect an a,oticle in transit if the officer reasonably sllspects the article might pose a biosecurity th,oeat to the Republic of Palau or Page 27 of61 a receiving country. R P P L No. --+.9-;,,57!8,--::--::-::-::-:-=-:-. (P".m!ti"s HfllISe /Jill N" 9-33-2, flD2) (h) A person in charge of an article in transit who refuses to comply with a request for inspection unde,' subsection (g) commits an offense. PART 5. BIOSECURJTY EXPORT PROCEDURES, Section 29. Biosecuritv export inspection of outgoing articles. (a) Every outgoing regulated article or consignment of regulated articles is subject to biosecurity export inspection at the biosecurity point of departure to enable a biosecu rity office,': (I) to ascertain whether it is or includes an article that requires biosecurity expo,·t clearance pursuant· to section 30; and (2) if so, to decide whether to grant export clearance under section 34. (b) An exporte,' of goods who fails to make the goods available fo,' biosecurify export inspection at the biosecurity point of departure at the request of a biosecu,-jty officer commits an offense. (c) A biosecurify officer may only request to inspect an outgoing ar'ticle or consignment if the officer has reasonable cause to suspect that it is or includes a ,'egulated article that requires biosecurity export clearance pursuant to section 30. (d) If, after inspecting an outgoing IlI'ticle or consignment under this section, a biosecurity officer is satisfied: (I) that it is or includes an article that requires biosecurity export clearance, the provisions of this Pa,'! apply to it; (2) that it is not 01' does not include such an article, the a"ticle or consignment may be released from the biosecurity point of depa,·ture upon payment of the prescribed fee, if any, (e) Section 45 applies to an inspection under this section. (f) This section does not apply in ,'espect of baggage accompanying passengers or crew members, Section 30, Requirement fo,' biosecurity expo"t clearance. (a) An article intended for export to a receiving conntry that requires: (I) a sanitary or phytosanitary ce,'tificllte for importation into thal Page 28 of 61 country: or RPPL N 0 -":9~--,,5,",,8c,,...,.,-- cc­ (p1/ v,vet! I/S lIol/,vc IJiII N() 9-33-2, flJJ 2) (2) any bioseclll-ity measnres to be applied to it nnder section 32(b) before being exported to that country, must have biosecurity export clearance fo.- export to that country (b) A pe.-son who exports or attempts to export au article or consignment that requires biosecurity expo.-t clearance without such c1eanlllce commits an offense Section 31 Issue of sanitm-v and phvtos:lIlitarv certificates (a) A person who wishes to obtain a sanitary or phytosanitary certificate in .'espect of an article in order to comply with the biosecurity certification requirements of the .-eceiving country must: (I) apply to the Chief in writing; (2) pay the prescribed fee, if any; and (3) submit the article for testing or othe.- biosecurity measures as .-equired by the receiving country (b) Upon receipt of an application under subsection (a), the Chief, 0'- a biosecnrity officer to whom the function is delegated, must: (I) ascertain the biosecurity certificlllion requirements of the .-eceiving country; (2) perform appropriate tcsts and apply appropriate biosecurity measures to the articles as required by the receiving country; and (3) if satisfied that the biosecurity ce.-tification requi.-ements of the receiving country have been met, issue the appropdate certificate upon payment of the prescribed fee (c) A biosecurity certification requirement entered in the biosecurity .-cgister, (1) if certified by or on behalf of the Chief, is conclnsive evidence of the requirement for purposes of this Act; but (2) docs not create any liability on the Chief if relied on by 1II1 exporte.' 10 the expo.-te."s detriment, Section 32 Biosecuritv expo.-t specifications (a) The Chief may specify in ,-espect of outgoing animals, plants, or animal or Page 29 of 61 RP P L N 0, --:-:-:9--~5",-8 -::-::-::-:-~C7 (Passed liS House mil No 9-33-2. HD2) plant products any biosecurity measures, othel' than a requirement for a sanitary or phytos:lnitary certilicate by the receiving country, which must be applied to the animal or animal product before export , (b) Specifications under subsection (a) may only be made if I'equired by :In international agreement to which the Republic of Palau and the receiving country are party in I'espect of the movement of animals, plants or animal or plant pl'oducls, and must conform to any such agreement, (c) Specifications under subsection (3) in respect of an animal 01' animal pl'oduct may be cbanged at any time befol'e biosecurity export clearance is granted, if there is a change in the relevant intel'llational obligations relating to the animal 01' animal product, and section 22( e) applies to such a change, (d) Specifications made under this section must be published in the biosecurity register, Section 33, Application for biosecuritv export clearance, (a) An application for biosecurity export clearance of an al'ticle or consignment must be made to a biosecul'ity officer in the specified manner and be accompanied by th e prescribed fee, if any, (b) An application for biosrcurity export clearance for a regulated at'ticle or consignment must: (1) be made before the regulated al'ticle or consignment an'ives at a biosecurity point of departure; and (2) allow sufficient time fOl' processing of the application, (c) An application for biosecurity export clearance fOl' an article or consignment mnst: (I) specify the receiving country; (2) specify the nature and quantity of the article or consignment: (3) attach any sanitary or phytosanitary certificate issued under section 31(b) in relation to the article or consignment; and (4) llttach docnmentation relating to any other biosecurity measures required under section 37(a) in relation to animals or plants or animal 01' plant Page 30 of 61 productso RPP L N 00 ~9::,-57:8,,-::--=--::-:-=-::­ (PtI.<sed tiS Hotlse Bill No 9-33-20 1/1)2) (d) If the article 0,0 consignment requires biosecurity measures to be applied to iI , the person seeking to export it must submit the article or consignment to such measuroeso failing which biosecurity export clearance will not be grantedo (e) If a person seeking to export an article 0,° consignment fails to comply with any of the requirements of this section, a biosecurity officer mny refuse to grant biosecurity export clearance for the article 0,0 consignment. (I) This section does not apply to passengers or c,oew membe,oso Section 340 Grant of biosecnrity expo,ot clearllnceo (a) Befo,oe g,ollnjing biosecurity export clearance in respect of an article or consignment, a biosecnrity officer must be satisfied: (1) that the biosecuroity ce,olification requirements of the receiving cOllntr·y have been complied with; (2) that any biosecurity measures specified under section 37(a) in respect of an animal 0,° lIDimal p,ooduct have been applied; and (3) that the prescribed fee, if any, has been paido (b) If an outgoing article that requires biosecurity export clearance is found 10 be infected, infested or contaminated by a regulated pest or disease. biosecurity clearance will be refused in respect of ito (c) A decision on an application for biosecurity export c1ea,oance must be communicated 10 tbe applicant as soon as practicable after the application is received duly completedo (d) If the decision is to refuse clearance, the applicant must be notified in writing, with brief reasonso (e) If a biosecurity office,o considers it necessary to inspect any outgoing article 0,° consignment for the purposes of this section, section 45 applieso PART 60 BIOSECURITY QUARANTINE. Section 350 Biosecuritv quarantine of regulated a,otideso (a) A biosecul"ity office,o may. by notice in writing to the impo,ote,o, oroder into hiosecul"ity quarantine any incoming regulated a,oticle if: Page 31 of61 RPPL No. ~9-?5~8~--=-~=-=: (Passed a.< HIJII,sc llill No 9-33-2. HIJ2) (1) the al·ticle is a prohibited import and must therefore be reconsigned or destroyed' (2) quarantine is a biosecurity import requirement fOI' the article: or (3) during biosecnrity entry inspection 01' biosecurity impol·t c1ellrance inspection the lIrticle is found to be, or is suspected to be, infested, infected 01' contaminated. (b) If an article is ordered into biosecurity quarautine under this section, a biosecurity officer may: (I) in writing, direct the importer to remove the article to 1I specified biosecurity quarantine station: and (2) if necessal)" arrange for' the article to be removed to a biosecurity quarantine station. Ic) An importer who refuses to remove an article to biosecurity qUllrantinl' as dil'ected under this section commits an offense. (d) The cost of removal of an article to biosecurity quarantine is to be borne by the importer of the article. (e) If an article is quarantined undel' this section, the importer must be given written notice stating the reasons for the quarantine and, if il was removed undel' subsection (b)(2), the location of the articll'. Section 36. Biosecuritv quarantine stations. (a) The Chief may by order designate any public or private land as a biosecul'ity quarantine station for animals, animal products, plants, plant products, conveya nces, containers or other goods for the pllrposes of this Act. (b) Before designating lilly private land as a biosecurity quarantine station, the Chief must consllit the owner, and mllst pay compensation as agreed. Ifno agl'eemellt can be I'eached, the land may be taken as a public use, in accordance with applicable eminent domaiu laws. Nothing herein shall be construed to limit the authority of the Chief to take immediate possession of propcl'ty in cases of Quarantine Emergency. (e) The Chief must ensure that a biosecllrity quarantiue station is provided with such buildings and facilities as are needed: Page 32 of61 R P P L No 0 ----=79':--""58"-,---,,-,--.,----,-,.,,­ (pa"sed liS H()lIse Bill No 9-33-20 HIJ2) (I) to hold regulated articles in biosecurity quarantine; (2) to prevent unauthorized persons from entering the station or ,oemoving items from the station; and (3) to enable the Division to perfo,om tests, provide treatment and apply other biosecnrity measures as reqnired by or nnder this Act. Section 370 Conditions of biosecuritv quarantineo (a) The Chief may issne specifications as to: (1) the examination, treatment, disposal or destruction of at°ticles while in a biosecurity quarantine station 0,0 in tmnsit to or fl"Om a quarantine station; and (2) the period for which diffCl"ent types of ,oegulated articles must remain in a biosecurity quarantine statio no (b) The fees 0,0 charges payable for keeping items in biosecurity quarantine are as authorized under this Acto (c) The cost of keeping an article in biosecurity quarantine is to be borne by the importer of the articleo Section 380 Management of biosecuritv quarantine stationso (a) No person other th:1II the pe,oson in charge of the station 0,0 a biosecul"ity officer acting in the course of duty, m:,y enter a biosecurity quarantine station without the written permission of the Chief or of the person in charge of the stationo (b) A duly authorized biosecurity officer may, in order to reduce a biosecUloity th,oeat, lock, seal, or othenvise p,oevent enhoy to and exit from a biosecul"ity quarantine station or any bnilding in it, regardless of the ownership of the stationo (c) A pe,oson who: (I) ente,os a biosecurity quarantine station without pel"ll,ission pursuant to subsection (a); or (2) damages, interferes with 0,0 in any way ,oeduces the effectiveness of measUloes taken to secure a biosecul"ity quarantine station, or any regulated article or other item in the station, commits an offenseo Section 390 Release f,oom biosecuritv qnarantineo (a) A conveyance, container or article must not be released from biosecurity Page 33 of61 RPPL No.9-58 (pfJ"sef/ a" flollse-' f;;117;''';-'N~'''-'-;;9'''-3;-:3;--2~,-;H::-n=1) quarantine exccpt upon the authority of a biosccurity quarantinc release ccrtificate issued by a biosecurity officer. (b) Before an article can be released from biosecurity quarantinc, (I) any trcatmcnt required as a condition of importation of thc al·ticle must havc been applied; and (2) all quarantinc fces must have been paid. (c) Once subsection (b) has been complied with, the conveyance, container or al·ticle must be released from biosecurity quarantine as soon as practicable l1l1d a biosecul"ity I'elease certificate issued. (d) A pel'soll who releases an article from a biosecurity quarantine station conll'3I")' to subsection (a) commits an offense. Section 40. Biosecurity quarantine notices. (a) A biosecurity officer may affix a notice 011 any biosecllrity quarantine station. and on any conveyance, container or article held in biosecurity quarantine, stating thc conditions and duration ofqnarantine and othcr information relating to the station 01' the itcm as specified by the Chicf. (b) A person who I'cmoves a notice affixcd under subsection (a) without lawful authority commits an offense. Section 41 . No plant 01' animal to be at large. (a) No person may liberate or cause to be liberated from a biosecurity quarantine station, biosccurity port quarantine area, or biosecurity holding area or let go at large in the Republic of Palau IIny animal, plant or organism which is subject to biosecurily control under this Act. (b) A person who contravenes subsection (a) commits an offense and, in addition to the prescribed maximum penalty, is liable 10 pay for the cost of recapturing and confining or if necessary destmying the animal, plant or organism. PART 7. POWERS OF BIOSECURITY OFFICERS Section 42. General rulcs as to exercise of powers. (a) Thc powers confen'cd by tbis Act on biosccurity officers may be exercised only 101' thc plll'pose of ascl'l·taining whether there is a biosecurity risk presented by II Page 34 of 61 R P PL No, -,9-::.."::5=:::8--c--".,--,,.....,.,..,­ (J>"s.<ed liS f/tJlISe Bill No 9,33-2, f/IJ2) conveyance, container or item and eliminating or I'edncing the risk to an acceptable extent, (b) A biosecurity officer may use only such force as is reasonably necessary when exercising a power under this Act, Where practicable, the officer should obtain the assistance of the Bureau of Public Safety to effect an arrest or enter premises, Section 43, Entry, search and seizure, (a) A biosecurity office I' may: (1) seat'ch an incoming vessel or aircraft at a biosecurity POl't holding area to ascertain whether the vessel or aircraft has on hoard any regulated article that might pose a biosecurity thl'eat to the Republic of Palau; (2) search an outgoing vessel or aircraft if the officer has reason to believe there are 011 board allY uncleared articles that I'equire export clearance: (3) at any time enter and search any premises, building 01' area, including a biosecurity holding area, biosecurity quarantine station or biosecurity approved premises but not a dwelling house or its curtilage or a private office within a building, in order to ascertain the presence of uncleared regulated articles that have not received biosecurity import clearance; (4) at any time with the cousent of the owner, enter and search a dwelling house for purposes of this Act; and (5) at any time, on a warrant issued under subsectiou (b), enter and search a dwelling house for nncleared regulated articles that the officer reasonably suspects to be in it. (b) If the requirements of 18 PNC §§ 303 and 304 are met, a biosecurity oOicer, in conjunction with the Bureau of Public Safety, may enter into a dwelling or private office, to search for uncleared regulated articles, (e) A biosecurity officer may at any time enter and search any building, or structure where the general public may enter, in which regulated articles intended fOl' importation to or exportation from the Republic of Palau arc kept. (d) A pel'son who keeps regulated articles in or on any premises, or in a conveyance, prior to importation or exportation of them must make the articles available Page 35 of 61 R PP L No, -;!;9",--,:-58::--:,--=---=-:-:-=-"OC (PII"set! liS House Bill N" Y-33-2. I1D2) 1'0" inspection by a biosecurity officer upon request at any reasonable time, (e) A person who contravenes subsection (d) commits an offense, (f) During a search of premises or a conveyance under this section a biosecudty officer may seize anything which: (I) is an uncleared regulated article; 0'" (2) may be used as evidence of the commission of an offense under this Ac .. (g) A biosecu"ity officer who seizes anything from a person unde,' subsection (I) must: (I) info,'m the pe,'son of the reason for the seizure; (2) give the person a receipt fo,' the thing seized; and (3) remove the thing to a place of safekeeping and deal with it in accordance with this Act, (h) A biosecurity officer may submit to approp"iate biosecul'ity measures any regulated lu"ticle seized pursuant to this section, Section 44. Inspection of packages, A biosecurity officer may: (a) call for and inspect documents on 01' in incoming or outgoing vessels and aircraft as provided in sections II and 16 respectively; (b) open and inspect at :1 biosecurity point of enlt')' any incoming pack:lge whether the pack.llge contains or relates to a regulated article; (c) open and inspect at a biosecurity point of depa,·ture any outgoing pacimge if the officer reasonably suspects that the package contains or relates to: (1) an unclellred regulated article that requires biosecurity export clearance; or (2) II regulated article that could pose II serious biosecnrity threat to the countt')' of destination of the document, Section 45. Inspection of articles, (a) A biosecurity officer may, at a biosecurity holding an~a, inspect any incoming I"egulated article, and any conveyance, container or baggage in which the article is carded, in order to assess thc hiosCClII'ity risk presented by the article, conveyance, Page 36 of 61 RPPL No, ---="9"'"-=<.58"- ---,­ (passed us HOllse /Jill No 9-33-2, IID2) container or baggage, (b) A biosecurity officer' may at a biosecurity point of departure inspect any article which requir'es biosecurity export clearance, in order to facilitate such clear'ance, (c) The powers of inspection in subsection (a) and (b) are in addition to the powers of inspection in sections 19 and 29 and any other powers of inspection in or under this Act. (d) For the purpose of exercising the powers of inspection under' this Act, a biosecurity officer may request an importer or exporter' to unpack and break up a consignment, or both, or to open a container at the person's risk and expense, (e) If an importer or exporter refuses to comply with a request under' subsection (d), (I) the per'son commits lin offense; (2) the biosecnrity officer may destmy or seize any item; and (3) the cost of action under paragr'aph (2) is a deht owing to the Government hy the importer or exporter, as the case may be, (f) When conducting an inspection under this Act, a bioseclll'ity olTicer' may seck access to, and take photographic, electronic or other copies of any evidence, information, records and things related to the regulated article or consignment that the officer reasonably requir'es in order to ensure compliance with this Act or to investigate a possible offense under' it. (g) I nspection of articles in transit is governed by section 28(g), Section 46, Detention of articles, (a) If an incoming regulatcd article requires hiosecurity measures to be taken in respect of it befor'e biosecurity import c1ear'ance can be granted, a biosecurity officer may detain tbe article, and any conveyance, container' or baggage in which the article is carried, for biosecurity measures to be taken, (b) Ifan outgoing regulated article that requires biosccurity export c1ear'ance has not been cleared, a biosecurity officer may detain the article, and any conveyance, container or baggage in which the article is carried, until clearance or' other disposition of the article undcr' this Act. Page 37 of61 RP P L N 0" ~9;;--7.58"-::-7-:-::-:-=-=-. (Pw<.,et/ liS Hmw! 1Ii11 No 9-33-2" HJ)2) (c) An article detained under this section must be detained in a place specified by the officer, being a biosecurity holding area, biosecurity quar"antine station or biosccurity approvcd premiscs" (d) If an article is to be detained under" this section, a biosecurity officer may: (I) direct the importer or exporter of the item to remove it to the specified place; (2) if necessary, arrange for the item to be removed to the specified place" (e) If an article is detained under this section, a biosecurity officer must give to the importer or expo,"te," a notice in writing stating the reasons for the detention and, if it was removed under subsection (d)(2), the specified place" (I) The cost of removal of an article to and its detention in a specified place is to be borne by the importer" or expo,"ter" Section 47" Taking of samples" (a) A biose.curity officer may, with the consent of the importer, owner 0'" custodian, take samples f,"om : (I) any part of an incoming vessel or aircraft that has on board regulatcd articles; (2) any warehonse containing ,"egulated a'"ticles intended for impo,"tation; (3) any consignment of incoming reguilltcd articlcs, whercver located: and (4) any incoming container", baggage or thing that the officer ,"easonably suspects to be or include a regulated article" (b) If an impo,tc," refuses consent under subsection (II), the biosecurity oOicer may ,"cqui,"e thc person to p,"ovide app,"opriate samples" (c) An importer who refuses either to allow samples to be taken or to provide samples, when ,"equired to do so under this section, commits an offense" (d) A biosecnrity officer may, with the consent of the person in charge of Ihe a,"ticle, take samples of any outgoing regulated article if the taking of II sample is necessary for the issuance of a sanitary or phytosanita,"y certificate" (e) If the person in charge of a regulatcd article refuses consent under subsection Page 38 of 61 R PP L No. ----;-;:9".-7,5 8,,-::--=-~=-=-. tpll,m !d lISIl01l,<e /Jill No 9-33-1, IIV2) (d), the biosecurity officer may require the person to provide a sample, failing which til(' sanitary or phytosanitary cCl'tificate will not be issued, (I) A biosecurity officer may request the importer or exporter' of a consignment to unpack it or br'eak it up to facilitate sampling, at the risk and expense of the importer or' exporter. (g) When exercising the powers under subsection (a) or (b), a biosecur'ity officer lIlust give the importer' or exporter a written notice, identifying the quantity of the sample and the place where the sample is to be analyzed. (h) In other' respects, the pr'ocedur'e for taking and analyzing samples, recording the results and disposing of the samples is as prescribed or specified. (i) The importer' or exporter of a regulated article from which samples ar'e taken under subsection (a) must be notified in writing of the findings in respect of the samples as soon as reasonably practicable. Section 48. Testing of nrticles. (a) A biosecurity officer may test, or cause tests to be conducted on, any incoming regulated article, in order to ascer·tain whether' the article meets the biosecurity import r'equirements in r'espect of it. (b) Following a test of an incoming article, and 011 payment of the prescr'ibed fee. if any, the article must be either released to the importer. and biosecurity import clearance granted in respect of it, or' it must be treated in accordance with section 49 or reconsigned or destroyed. (c) A biosecurity officer may test, or cause tests to be conducted on, any outgoing regulated article that requires biosecurity export clearance if such tests ar'e a condition for importation into the receiving counll)'. (d) Following tests on an outgoing article, biosecurity export clearance must either be granted or refused iu respect of the article. (e) Sections 46(c) to (I) apply to ar·ticles detained for testing under' this section. (I) The importer 01' l'xporter of a regulated ar·ticle which is tested under subsection (a) or (c) mllst be notified in writing ofthe resllits of the test before the article is released or othenvise disposed of. Page 39 of 61 Section 49, Treatment of articles, R PPL No, ---;:;-;79-"""5,,,8:::-:--:-:---:-:-::-::: (Passed as HlJllse 1Ii11 No 9-33-2, H OZ) (a) If an incoming regulated aI'ticle requires treatment in order to meet the biosecurity import requirements in I'espect of it, the article must be If'cated befol'c biosecurity import clearance is granted in respect of it, (b) If an incoming article is found to be infected, infested or contaminated by a regulated pest or disease, the article may be treated to reduce the biosecurity .-isk to an acceptable level, whether or not !I'eatment is a specified requirement or a condition of all import permit, (c) Section 46(c) to (I) apply to articles detained for treatmentundel' this section, (d) Once lI'eutment has been administered to the satisfaction of the bioseclII'ity officer, and on payment of the prescribed fee, if any, the al,ticle must be released to the importer and biosecnrity import clearance granted in respect of it, (e) The cost of treatment is to be borne by the importer of the item, but the importer may instead opt to have the article reconsigned or destroyed, (I) If an importer fails to have an article which requil'es treatment under this section treated within a reasonable time, the biosecurity officer may require the article to be destroyed, (g) If: (I) appropl'iate treatment is not available in the Republic of Palau; (2) in the opinion of a biosecurity officer, there would still be a biosecurity risk arrer treatment; or (3) the importer chooses not to have the article lI'eated the al'ticle must be reconsigned or, if the impol'ter chooses, or if section SO(c) applies, destroyed, (h) Notice of action to be taken under subsection (I) or (g) must be given to the importer in writing before the action is taken, except for articles in pass engel' baggage which are detained for destruction in the presence of the owner or custodian, (i) If an outgoing regulated article requires treatment as a condition of importation into the receiving country, the article must be If'eated at the expense of the exporter before bioseclII'ity export clearance is granted in respect of it, (j) Treatment of an al'ticle may be administel'ed hy an appropriately qualified Page 40 of61 R PP L N o. --::,:9-;:-57:8~-::-::--:---c=-c­ (Pm<Sel/lIS HOllse llill Nfl 9·33-1, HD2) biosecurity officer, or by any other suitably qualified person at the request of the officer or the importer. Section 50. Reconsignment of articles. (a) If an incoming regulated article which requires an import pe"mit 0" a sanitary 0" phytosanitary certificate does not have the permit or certificate attached to it, a biosecurity officer may, after informing the importer, detain the article fo,' ,'econsignment or destruction. (b) An incoming article that is n prohibited import must be reconsigned or destmyed. (c) Reconsignment is at the option and cost of the importer, but, ,'econsignment must be effected within a time specified by the officer, which must be reasonable in the circumstances; if the biosccnrity office,' considers that the biosecur'ity risl. of reconsignment is unacceptable, the option is not available. (4) The power to order reconsignment of an article under this section applies also to any container, crate, baggage, package or mail which carries it. (5) If reconsignment is not effected within the time specified unde,' subsection (c)(I), or is not acceptable, the ill·ticle or consignment must be destmyed. Section 51. Destruction of articles. (a) If this Act requires or authorizes an article to be destroyed, the destr'uction of the article must be in accordance with this section. (b) If an incoming article is found to be infected, infested 0" contaminated by a regulated pest or disease, and: (I) appropriate treatment is not available in the Republic of Palau ; (2) in the opinion of a biosecurity office,', there would still be biosecul'ity risk after treatment: 0" (3) the importer chooses not to have the article t,'eated, the article must be reconsigned or, if the importer chooses, or if section 50(c) applies, destr'oyed, (c) The power of destruction of articles in subsection (b) is in addition to any other power of destruction in or nnde,' this Act. (d) Destruction of an article unde,' this Act may include any containe,', crate. Page 41 of61 baggage, package or mail which carries it. RP P L N o. ~i;-9--:-:5:.:8~::-::--:-:-:;~. (PII>se{/ liS HII{{.<e Bill No 9-33-1, HfJ1) (e) Packaging of an article may be conside.·ed as not part of the consignment lind may be destroyed, if considered to pose a biosecurity risk, whether or not the article is destroyed. (f) If the article to be destroyed appears to be of 0.· above the value of $5,000, a biosecurity officer must obtain the written approval of the Chief, before l.rrauging fo.· its dest .... ction. (g) The manner of destruction of articles unde.· this section is as prescribed 0" as specified by the Chief and the impo.ier or owne., of the article, if known, must be invited to witness the destruction. (h) Notice of an intention to destroy any article must be given to the impo.·te.· 0.· owner in writing before the action is taken, if the impo.ier or owner is known. Section 52. Post mortem examination of an animal. (a) If a biosecnrity officer examining an animal pnrsnant to this Act suspects that the animal is diseased and considers a post mortem examination to be necessary to establish a diagnosis, the officer may. on the written autho.·ity of the Chief, and withon! the consent of the owne.·: (I) take or canse to be taken the life of the animal; (2) canse a post mortem examination to be conducted to decide whether the animal is diseased; and (3) obtain specimens from the animal fo.· laborato.y examination and diagnosis. (b) If an examination is conducted pursuant to subsection (a). the results of the examination and of any laboratory .'eports resulting from the examination must be provided in writing to the Chief and to the owner of the animal, if the owner can be identified and located. Section 53. Powers in relation to people. (a) If a biosecurity office.' has probable cause to believe that any person is: (I) seeking to ente.· or leave the Republic of Palau; (2) employed at a biosecurity point of entry or departure, in a designated Page 42 of61 RP P L N o. -::-:;:.9-7.5:.::8~:----o-~ccc (plIomtd liS f/UIIS" 11i11 No 9-33-2. f/J):!) area or quarantine station, or at approved premises' or (3) engaged in impo"ting or exporting regulated articles is in possession or control or an article that poses a biosecurity threat to the Republic or Palau. the officer may detain and question the person in accordance with law. (b) If n biosecul"ity officer suspects that there may be UpOIl a pe"soll seeking to enter the Republic or Palau all article that would, ir imported, constitute an oITense under this Act, the office,' may cause the person and the person's baggage to be searched. (c) Ir a biosecul"ity office,' suspects that there may be upon a pe,'son seeking to leave the Republic or Palau an article that would, if exported, constitute llll oITense under this Act, the officer may cause the person and the person's baggage to be s~\I"ched. (d) A search of a person under this section must be carried out by officers or the same sex as the person sear·ched. (e) A person mlly be detained under this section only ror as long as is I'equired to question and search the person and the person's baggage and to arrange ror biosecurity measures to be taken in "cspect of it. (f) In this section, "person" means an individual. PART 8. BIOSECURITY INTERNAL CONTROL Section 54. Pest and disease su rveys. (a) The Minister may order a surveyor any area or the Republic or Palau to be conducted to ascertain the status of pests and diseases in the area and the biosecu,oity "isk of moviug animals, plants, humans or organisms into, out or, or through the area. (b) An order under this section: (I) must be published as required by section 82; and (2) does not take eITect until so published. (c) For the purposes or a survey under this section, a duly authorized biosecurity office,' may, in the area or the survey: (1) inspect premises and equipment; (2) inspect animals and plants and their prodncts; (3) question persons; and (4) collect specimens and perform tests relating to animals, plants, animal Page 43 or 61 RPP L N o. -=:::9--:--::-58=::-,,.,.--,---,-,~ (PII . .sed liS floll.," llill N" 9-33-1, fI1J1) and plant prodncts, land, watcr and the environment. (d) For the pnrposes of a slll-vey nnder this section, the Chief may o"der the owncrs of animals 0" plants in the area of the snrvey, 0" persons who have custody or control of them, to make them availablc for inspcction at places designated by the Chief. (e) A person who "cfuses, in thc cour'sc of a sur-vey under this section, to mllke animals or plants in the ownership, custody or control of the person available as required under subsection (d), commits an offensc. Section 55. Ent'-v. search and seizure. A biosecur'ity oftice,' may, (a) If hc has reasonable cause to belicve that a rcgulated a"ticle is present there, at any time ente,' and search any p,'emises, building or area, including a biosccurity holding area, biosecurity quarantine station or biosccul'ity approved premiscs but not a dwelling house or its curtilage or privatc oftice, in order to asccrtain the p,'esencc of unclcared rcgulated articles that have not received biosecurity import clearance; (1) at :lny time with the consent of the owner, ente,' and search a dwelling house or p"ivate oftice 0" private convcyance for purposes of this Act; 0" (2) at any time, on a warrant issucd under subsection (d), enter and search a dwelling house fo,' regulated ar'ticles that the officcr reasonably suspects to be in it, (b) If thc requiremcnts of 18 PNC §§ 303 and 304 arc mel, a biosccurity officcr may ente,' into a dwclling or private officc, to scarch fo,' uncleared rcgulated articles, (c) A biosecurity office,' may at any time enter and scarch any bnilding, 0" structure where the general public may cnter to search for the prcsence of rcgulated a "ticles. (d) During a scarch of prcmises or' a conveyance under this section a biosccur'ity officcr may seize anything which: (1) is a regulated ll!'ticle which the officer ,'eason:tbly suspects poses ,1 biosecnrity threat to the Repnblic of Palau; or (2) may be nsed as evidence of the commission of an offense unde,' this Act. (e) A biosecurity officcr who seizes anything from a person under subsection (d) Page 44 of 61 must: RP P L No, """""",,,,,9,:--:=-5.::,8 -=c..."...~­ (Passelilis Hlllise Bill No 9-33-2, 11/)2) (I) inform the person of the reason for the seizure: (2) give the person a receipt for the thing seized: and (3) remove the thing to a place of safekeeping and deal with it III accordance with this Act, (I) A biosecurity officer may submit to appropriate biosecurity measu,'es any regulated article seized pursuant to this section, Section 56, Detention and testing of animals and plants and thei,' products, (a) If an animal or plant or animal or plant product in the Republic of Palau is suspected of being infected or infested by a regulated pest 0" disease. a biosecurity officer may order the animal, plant or product to be detained and confined in a place specified by the Chief for tests to be conducted, (b) Following detention nnder snbsection (a). a biosecurity officer may test , or canse to be tested, any animal or plant or llllimal or plant prodnct. Snch tests may include: (a) the taking of samples in accordance with section 47: aud (b) conducting a post mortem examination in accordance with section 52, (c) If after testing as in subsection (b) the animal, plant 0" product is considered to pose a biosecurity threat to the Republic of Palau, the officer may fu,'ther detain it in the specified place for biosecurity measures to be taken in respect of it, but au animal, plant or product may be detained only for so long as is required for biosecu"ity measures to be taken in respect of it, (d) If an animal or plant or animal or plant product is to be detained under this section, a biosecurity officer may: (I) direct the owner or custodian to remove it to the place specified under subsection (a); (2) if necessary arrange for the animal, plant or product to be removed to the specified place, (e) If an animal 0" plant or animal 0" plant product is detained unde,' t'his section, the owner or custodian must be given II written notice stilting the rellsons for' the Page 45 of 61 RPPL No, -!:9-:75~8~-,-,-.,..------.,. (PIIs.fed liS HfIIl,fe /Jill No 9-33-1. HD2) detention and, if it was removed under subsection (d)(2), the specified place, (I) The cost of I'emoval of an article to and its detention in a specified place under this section is to be borne by the Govenrment, (g) Section 8 applies to places specified under this section as it applies to bioseclJI'ity holding al'ellS, except that section 36(b) and (c) do not apply, Section 57, Treatment or destruction of animals and plants and their products, (a) If treatment is available to eliminate or reduce to an acceptable level the biosecurity threat posed by an animal or plant or animal or plant product that has been detained under section 56, a biosecurity officer may: (I) with the consent of the owner 01' clistodian of the animal, plant or product , administer such treatment, 01' cause it to be administered; (2) after treatment, release the animal, plant or product to the ownel' or custodian, (b) If: (I) in the opinion of a biosecurity officer, appropl'iate treatment is not available in the Republic of Palau ; (2) in the opinion of a biosecurity officer, thel'e would still be a biosecurity risk aftel' treatment; or' (3) the owner or custodian does not consent to the treatment being administered, a biosecurity officer may ol'der the animal or plant 01' pl'oduct to be destroyed, (c) Notice of action to be taken under subsection (b) must be given to the ownel' 01' custodian in writing before the action is taken, (d) Section 50 applies to the destmction of animals and plants and theil' products under this section, replacing references to the importer of an article by references to the owner or custodian of it. Section 58, Infested biosecuritv controlled areas, (a) Lf: (1) :111 animal or plant on land or premises in any al'ea of the Republic of Palau is found to be infested by a pest or disease; and Page 46 of 6.1 RPPL No.9-58 (Pas.,ed as H"I/.,e~' B;;,7;·II~N~IJ"-9;;- -:;3 ~l -:;2:-. H=J):71)· (2) the powers in sections 55 to 57 are inadequate to contr'ol the outbreak, the Minister may by order declare the land or premises to be an infested biosecurity controlled area in respect of that pest or disease. (b) An order nnder this section: (I) must be published as required by section 82; and (2) does not take effect until published. (c) In an infested biosecurity controlled area, the Chief or any biosecurity office,' may enter upon any land at any time in o"der to ascertain the status of a regulated pest or disellse. (d) In an infested biosecurity controlled area, pending the making of an orde,' under section 59, no animal 01' animal p"oduct, or plant or plant product, fodder, fitting 0" other thing as specified ill the declaration, may be moved Ollt of, into 01' within the area except with the permission of a biosecllrity officer and in accordance with any conditions reasonably imposed by the officer. (e) A person who contravenes subsection (d) commits an offense. Section 59. Regulation of infested biosecllrity controlled are.1S. (a) In an infested biosecurity controlled area, the Chief may, by o"de,', di"cct: (.I) the treatment or disposal of diseased animals and plants; (2) the destocking, cleaning, disinfecting or other treatment of land. premises and conveyances; (3) the inspection and treatment of regulated articles in or entering 0" leaving the area; and (4) any other biosecurity measures the Chief considers necessary to control the infestation. (b) In respect of an infested biosecurity controlled area, the Chief may, by ordc,', control: (I) the movement of regulated articles, humans and conveyances into, out of, and within the area; and (2) any other matter the Chief considers necessary to prevent the movement of host material into and out of the area. Page 47 of 61 RPPL No. -:"9"'-"'5"-8...,-- (Passed (IS Hause 11i11 No 9-.13-1. HD1) (c) One who fails to comply with lin order commits an offense. (d) An order under' this section must be published as required by section 82. (e) Section 57(d) ceases to have effect upon the coming into force of an order under this section. Section 60. Pest-free biosecurity controlled areas. (a) Following a survey conducted under section 54 the Minister' may by order declare any area of the Republic of Palau to be a pest-fr'ee biosecurity controlled area in respect of a specified pest or disease. (b) A pest-fr'ee biosecul'ity controlled area is one where the specified pest or disease does not occur, so far as is known, and where incur'sions of that pest or' disease should be prevented. (c) An order' under this section: (I) mnst be pnblished as required by section 82; (2) does not take effect until published. (d) Following a further survey conducted under section 54, and after receiving appropriate scientific advice, the Minister nUlY amend or revoke an order made under subsection (a). Section 61. Regulation of pest-free biosecurity controlled areas. (a) In respect of a pest-free biosecurity controlled area the Chief may, by order: (1) control the movement of regnlated articles hnmans and conveyances into, out of, and within the area; (2) direct the inspection and treatment of regulated articles in or' entering or leaving the a.·ea; and (3) establish slll'Vciliance procedlll'es for the specified pest or disease in the area. (b) An order nnder snbsection I mnst only be made for the purposes of preventing incnrsions of the specified pest or disease into the biosecurity controlled area. (c) An order under' this section: (I) must be published as required by section 82; (2) does not take effect until published. Page 48 of 61 RPPL No.9-58 (Pas.,ed a,' H(luse:-' l;;-~'~'II~N~''-'' 9;;--""3.""~--;;2-, H=D~l) (d) One who fails to comply with an order commits an offense. Section 62, Destruction of wild animals. (a) If the Chief has reason to suspect that a wild or fel'al animal is ca .... ying a regulated pest or disease, the Chief may, in order to prevent the pest or disease from being established or spreading in the Republic of Palau, after consultation with relevant technical section heads, and with the approval of the Minister cause the animal to be destroyed. (b) The carcass of an animal destroyed under subsection (a) must be disposed of in a manner that will not create the risk of the spl'ead of any regulated pest or disease. Section 63. Notifiable pests and diseases. (a) The Minister may, by order, declare: (I) the pests and diseases that are notifiable for purposes of this section: and (2) the manner of notifying such pests and diseases to the Chief. (b) An order under this section: (I) mnst be published as required by section 82: and (2) does not take effect until published. (c) A person who knows of or suspects the occurrence of a notifiable pest or disease on his property must as soon as reasonably practicable notify the Chief in the manner declared under subsection (a), unless the person reasonably believes that the Chief has already been notified of the occurrence. (d) A person who fails to comply with subsection (c) commits an offense, (e) The master of a vessel or captain of an ailocraft in the Republic of Paillu who knows of or suspects the occurr'ence. of a notifiable pest or disease on board the vessel or aircl'llft must: (I) as soon as reasonably practicable notify the Chief in the manner declared under subsection (a): and (2) take such action in relation to the vessel or air'CI'aft as is directed by the Chief or a biosecurity otlicel'. (I) A mastel' or captain who fails to comply with subsection (e)( I) or (2) commits Page 49 of 61 3n offense. RP P L N o. -::-:9::,-.::5:.:::8~.,...,.-,-- (PlIssed liS H,II/.,,, Bill No 9-33-1. HD2) (g) The Chief must "ecord all occurrences of notifiable diseases which are notified under this section 0" which othenvise come to the notice of the Chief in a biosecu";ty ,·egister. Section 64. Beneficial organisms and biocontrol agents. (a) The Minister, after consulting and receiving appropriate scientific advice may in w"iting approve the release of beneficial organisms or biocontrol agents that the Minister considers necessary or appropriate for the control 0" eradication of a pa,·ticula,· pest or disease in the Republic of Palau. (b) An approval under subsection (a) must identify: (I) the organism or agent; (2) the pest or disc,'1se which it is intended to control; (3) the area where it may be released; (4) the period during which it may be released ; (5) the person or persons who may release it ; and (6) any conditions subject to which the approval is granted. (c) The Chief must keep a biosecurity register of: (l) the names of any beneficial organisms 0" biological agents "eleased under this section; and (2) the place of and extent of release of such organisms and agents. (d) In this section, " beneficial organism" and "biocontrol agent" mean a natural enemy, antagonist or competitor of a pest or disease, and any other self-replicating biotic entity used for pest and disease control. Section 65. Ministry plan for the control of simians in the RepUblic. Witbin ninety (90) days from the effective date of this Act the Ministe,' shall submit a plan in accordance with section 82 of this Act , detailing the measures to bc taken, including costs associated with such measures, for the control of long-tailed macaques (M(lCliClI f(/.~cicllhlris) in all of the islands of the Republic of Palau; the plan shall be implemented thirty (30) days after its submission. PART 9. BIOSECURITY EMERGENCIES. Page 50 of 61 R P P L No, --:7:;.,9--05,..,8'-::--:::0-:::-:-:-:=. (Pa.,seti II.'· H()lIse Ilill No 9-33-2, 1lJ)2) Section 66, Declaration of a biosecUJ'ity eme"gencv are.1, (a) On receiving evidence that a biosecurity eme,'gency has arisen in the whole or any part of the Republic of Palau, the President, upon after consulting with tlle Minish'r, may declare a biosecurity emergency in respect of the whole of 01' that pa," of tht' Republic of Palau, (b) A biosecurity emergency are.1 may include an area where an animal 0" plant is found to be infested 0" infected, and adjacent a,"eas to the extent reasonably necessary, (c) Notice of a declar'ation unde," this section must be: (I) published as required by section 82; and (2) displayed on notice boa,"ds 01' similar th,'oughout the biosecurity emergency 'lI"ea, (d) A declal'lltion under subsection (a) must be revoked as soon :IS the biosecIII'ity threat is removed or reduced to an acceptable degree, (e) A declaration unde," subsection (a) expires on the date which is six (6) months after it comes into force, unless it is revoked or extended on or before that date. Section 67, Response to a biosecurity emergencv, (a) When a biosecurity eme"gency area is declared under section 66, the Chief must undertake a detailed sUJ'Vey, using the powers in section 54, to "scertain the precise extent and severity of the incursion or other threat and the most appr-opriate measures to take in response, (b) In deciding on an appropriate response to a biosecurity emergency, the Chief shall: (I) be guided by any Biosecurity Emergency Response Plan that has been devised by the Division in consultation with othe,' M inish'it's; and (2) as appr-opriate, consult and liaise with the National Emergency Management Office and other ,'elevant Government Agencies, Section 68, Action in a biosecurity emergencv area, (a) In respect of a biosecurity eme,"gency area: (\) the Chief or any biosecurity officer may enter upon any land at any time in order to ascertain the status of a pest or disease; Page 51 of 61 RP P L N o. --::c:?;9-~5~8~-:-:-----,-,-, (P"s"eti as House /Jill No 9-33-Z. HDZ) (2) the Minister may in writing requisition for the use of the Government any conveyance or equipment which the Minister reasonably considers would be useful in preventing, eradicating or limiting the spread of a pest or disease; (3) the Minister or Chief may appoint temporary additional per'sonnel, whether or not having the power's of biosecurity officers, to effectively "espond to the biosecUl'ity emergency. (b) In a biosecudty emergency area, the Chief may do or cause to be done any of Ihe following: (I) mark the boundaries of the emergency area; (2) set up roadblocks at all exits from the area; (3) set up facilities for the cleansing and disinfection of all persons and conveyances entering or leaving the area and any other' thing likely to sp"ead any pest or disease; (4) disinfect all conveyances, Cl"ates, packing, animals, plants and other things which are likely to can)' pests or diseases and which are being sent out of the arell ; (5) inspect and disinfect all per'sons and their possessions leaving the ''''ell so as to prevent any host matedal that may be infected from leaving the area; and (6) for' the purposes of subsections (4) and (5), detain persons, animals, plants, animal and plant products, goods and vehicles for as long as is necessary 10 minimize or eliminate the biosecurity risk prcscnted by them. (c) A person who: (I) "csists, knowingly obstructs, or knowingly and without reasonable excuse fails to comply with a direction of the Chicf, a biosecurity officer or any policc officer or other person performing duties under this section; (2) knowingly cnters or leaves a biosecurity emergency area cxcept with and in accordance with the permission of the Chief or a biosecurity officer; 0" (3) knowingly movcs any article out of 0" into II biosecurity emergency arell, or from one place within the area to another place within that at'ea, except with and in accordance with the written permission of the Chief 0" a biosecurity Pagc 52 of61 " officer, commits an offense. RPPL No. -=",9--,:5:.:8:..,..-,.~ (Pll.~\·etl us House Bill N fl 9-33-2. HD1) (d) Articles moved in contravention of subsection (c)(3) may be seized by a biosecurity officer and: (I) held pending Cl"iminal proceedings for the contravention; or (2) if necessat)' to remove a biosecurity threat, destroyed as the Chief directs, without a court order. (e) In respect of action taken under this section the cost of trelltment or destruction of lIny lIrticle is to be bome by the Govemment. PART 10. THE REPUBLIC OF PALAU DIVISION OF BIOSECURITY. Section 69. Orgllnization of the Division of Biosecul"ity. Within 60 dllYs of the effective dllte of this Act, the President Shllll, by Executive Orde.·, provide for the crelltion and organizlItion of 1I Division of Biosecurity within thl' Minish), of Nliturlil Resources, Environment lind Tourism in lIccordlince with the requirements and responsibilities outlined in this Act. All pel"Sonnel and employment mailers of the Division, including hiring, promotion, and firing of employees, shlill be consistent with the National Public Se.·vice System Act in Title 33 of the Plilau National Code. Section 70. Biosecurity .·egistel"S and records. (a) The Chief must mllintllin 1I11 registers and records needed for the lIdministration of this Act lind the performance of the functions of the Division. (b) The public biosecul"ity registel"S to be mllintllined include, but are not limited to, registe.·s of: (1) .·egulated pests lind diseases; (2) prohibited imports; (3) biosecurity points of enh), and depll.·ture; (4) biosecurity holding areas; (5) biosecul"ity cle.1rance agents; (6) biosecurity port quarantine are.1S; (7) biosecUl'ity quarantine stations; (8) biosecu.·ity approved premises; Page 53 of61 RPPL No 9-58 (p{/.<so!" (/.< Hm' <o!-l;:Yi:;;II'-;N:7"~9;;- -;:3 71 -::1 -/::{:::J)-::C1) (9) biosecurity import permits issued, refused and revoked under Part 4; (J 0) exemptions granted under section 27; (J I) transit waivers issued under section 28, othCl" than in-transit passenger waivers: (I2) biosecurity controlled areas declared under section 57 or 59; (13) occu,-rences of notifiable pests and diseases notified under section 63; (14) beneficial organisms and biocontrol agents releused under section 64; and (15) any other public biosecurity register required by or unde,- this Act 0' considered by the Chief to be necessa,-y or appropriate (c) The Chief must keep a registe,- of: (l) specifications for regulated articles made under sections 21 and 31 , including the biosecurity measures appropriate to each type of regulated a,-ticle; (2) any other form or mutter specified by the Chief or the Ministe,- under this Act (d) In respect of tbe biosecur-ity requirements of receiving COlllllr-ies, tbe Chief must keep: (1) a register of the requi,-ements of those countr-ies for which biosecurity expo,-t clearance has been granted in the past twelve (12) months; and (2) a register of sou,-ce material for asce'-iaining the biosecurity requirements of all potential receiving countries Section 71. Status of biosecurity registers and records (a) The registers kept pursuant to section 70 must be made aVl,ilable fo, inspection and copying by membc,-s of the public dur-ing office hours at the main office of the Division on payment of the prescribed fee (b) Subject to any other Act, registers and other ,-ecords kept under this section must only be used for the pur-poses of this Act (c) A copy of an entry in a register maintained unde,- section 70 which is certified by the Chief to be an accurate copy may be p'-oduced in cOllrt as prima facie evidence of the entry Page 54 of61 R P P L No. --="'9----,-:=.58::....., (Pa,<,<et/ as House /Jill No 9-33-1, HD1) PART 11. ADMINISTRATION OF THE ACT. Section 72. Fees, chargcs and fines. (a) The Ministcr, by regulation, shall set forth a schedule of fees to be paid under lhis Act. (b) If a fcc or cha"ge payablc under this Act is not paid, (1) if the servicc for which the fce 0" charge is payable has not becn provided, it may be withheld until the fee is paid; (2) if the service has becn provided, thc fee or charge may be rccove,'ed as a debt owed to the Governmcnt: (3) if the fee 0" charge is in respect of an item in qua,'antine, the item lIIay bc sold once it has cleared qua,'antine, or otherwisc be trcatcd as abandoncd goods. (c) Fines payable undcr this Act are to be paid into the National n'easu,-y, Section 73, Biosecurity advisorv committee. (a) The Minister may appoint an advisory committee for the pUl'poses of p,'oviding indcpendent advice on biosecurity matters. (b) Persons appointed to tbis committce must have widely recognizcd expc,'tise and cxperience directly ,'elevant to biosecurity matters and the operations of an efficient biosecurity Division, and may include persons not in tbe public service and not citizens or pcrmanent residents of the Republic of Palau. (c) The composition, functions and procedures of a committee appointcd undcr subscction (a) shall be prescribed by the Ministe,'. Section 74. Facilitics at biosecuritv points of entrv or departu,'c. (a) The ope,'ator of cvery biosecurity point of entry or depar'ture in the Republic of Palau must provide facilities that the Chief requests in writing as being needed fo,' the performance of biosecurity functions at tbc point of entry 0" depa'Tnre, and maintain them to the satisfaction of the Chief. (b) No charge is payable by the Chief fo,' the facilities to be provided under this section. Jr all opcrator fails to provide facilitics as rcquked by this section they lIIay be provided by thc Chief and tbe cost of such p"ovision is a debl ow cd by the opcratol' to the Page 55 of61 Government. RPPL No. -::<9~-4.58~~~ (P"s.\·etl liS House Bill Nfl Y-.B-l. HDZ) Section 75. Biosecurity approved premises. (a) The Chief, on written application by the owner or occupier of any premises and on payment of the prescribed fee, may in wl'iting: (I) approve the premises as pl'emises where the inspection, testing and tre.atment of regulated articles can take place; and (2) approve specified action being taken under this Act in relation to all I'egulated articles, or specified articles, while they are in the approved premises. (b) An approval under this section nllly be cancelled if the Chief is satisfied: (I) that the premises or facilities or action taken do not comply with this Act or the regulations; or (2) thM the premises are otherwise no Innger suitable for appmval. (c) The provisions of this Act relating to hiosecurity quarantine stations, othel' Ihan section 35, apply to premises appmved under this section. PART 12. OFFENSES AND PENALTIES. Section 76. Obstl'uction, fliise informlltion lind I'elated offenses. A person commits an offense if they: (a) willfully fail to comply wilh a lawful request made or direction given by a biosecurity officer under this Act. (b) knowingly obstruct a biosecurity officer in the performance of his or her functions under this Act. (cl assault, or threaten a biosecurity officer performing functions under this Act. (d) bribe a biosecurity officer in relation to the pel'formance of functions under this Act. (e) make a false 01' incomplete statement, whether orally or in writing, in relation to any matter under this Act, intending to mislead a biosecurity office I' in the pelformance of functions under this Act. (I) knowingly or recklessly make a false or misleading biosecul'ity declaration. Page 56 of 61 RPPL No.9-58 (PlIs.,etf liS Hllltsc-' B;";,:;-·II.cNc;,"-, 9"' """33"" -::1:-. H=D:-=:2) (g) knowingly or recklessly issue any false or misleading cel·tificate. (h) knowingly or I'ccklessly give false 01' misleading information to a biosecurity officer while the officer is perfol'ming functions under this Act. Section 77. Fraudulent use of official documents. (a) A person to whom a permit or othel' document is issued under this Act who: (I) forges or' unlawfully alters the document; (2) allows any other person to use or attempt to use the document for' any purpose of this Act, commits an offense. (b) A person who for the purposes of this Act produces a document which is false or misleading, knowing il to be so, and intends a per'son 10 rely on it, commits an offens~. Section 78. Maximum penalties. (a) Upon firsl conviction, an individual who commits an offense undel' any section of this Act may be fined up to $10,000 and imprisoned for up to 6 months. (b) Upon second conviction, an individual who commits an offense under any section of this Act may be fined up to $20,000 and imprisoned for up to 6 months. (c) Upon a third or fUI·thel· conviction, an individual who commits an offense under any section of Ihis Act may be fined up to $50,000 and imprisoned for up to 2 yc.'lrs. (d) The ahove maximum monetary penalties shall he donbled if the offender is a corporate body or other entity within the definition of " person ' but not an individual. Section 79. FOI·feiture. (a) A court convicting a person of an offense under this Act may, in addition to any other penalty imposed, order that any article used in committing the offense, or, if the article has been sold, the proceeds of the sale, be confiscated. (b) If an ar·ticle or proceeds are confiscated under subsection (a) they lU'e forfeited to the Government. Proceeds of sale must be paid into the National Treasury, but if an article poses a biosecurity thl'eat it must be destroyed as directed by the Chief. (c) For the purposes of subsection (a), " al·tide used in committing the offense" includes equipment, a conveyance and any other movable thing owned by the offender which was used dil'ectly in the commission of the offense, but does not include rcal propel1y and or buildings and fixtures on land. Page 57 of61 RPPL No. ~9-~5~8~~~ (P{lSS"'/ (IS HOllse lIiII No 9-33-1. H1>1) (d) In deciding whether to order confiscation of any article or proceeds under this section, a court must have regnrd to the principle of proportionality. PART 13. MISCELLANEOUS PROVISIONS. Section 80. Abandoned goods. (a) An article may be treated as abandoned and disposed of under this section if: (I) any fee or charge payable by a person under this Act or the regulations iu respect of the article is not paid within three (3) months of the notice of the fee or charge being sen'ed on the person; (2) the a,·ticle is in a biosecurity holding area and is not removed from the arca within 14 days llftcr biosccurity entry clearance has been granted in respect of it; or (3) the article is in biosecu"ity quarantine and is not removed from II biosecurity quarantine station or biosecurity appl"Oved premises within fourtecn (14) days after the end of the qUllrantine period in rcspect of it. (b) An article that has been abandoned may be destroyed, sold or othenvise disposed of in the prescribed manner, or in the absence of regulations, in any manner the Chief thinks fit that docs not present a hiosecUl'ity risk. (c) The cost of disposal of an abandoned article is a debt to the Government by the person who was the owner of it, and proceeds of any sale 0" disposal of an abandoned article revert to the Government. Section 81. Actions against the Repnblic of Palau; compensation. (a) Any action against the Republic of Palau or :UI office,' 0" employee the"eof is subject to 14 PNC §§ 501 - 503. Nothing in this chapte,' shall be deemcd a waivt't" of sovereign immnnity. (b) Compensation for Destr'uction 0" Removal. Where dcstruction 0" "cmoval of any article is caused by thc Government under this chl'pter, an owner, custodian, importer, or exporter shall be entitled to compensation therefor if the owner, custodilll1. importer, or exporter can show that such article became pl"Ohibited through no fault of his own. Under no circumstances shall the Government be liable for consequential damages under tllis chapte,·. Page 58 of 61 Section 82. Publication of orders and notices. RPPL No.9-58 ~;:-':-;----:c-=-,,--,-~ (PIISSed liS HOllse 1Ii11 Nfl 9-33-2. /-11)2) (a) Regulations must be promulgated in accordance with the Administrative Procedures Act, 6 PNC § 101, ct seq. (b) Orders made under this Act shall be served upon interested individuals and published in the same manner that regulations are noticed undcr the Administnttive PI'ocedures Act. Orders shall take effect immediately upon compliance wit'h this subsection. (c) Any notice required to be given by or under this Act to a person may be given by electronic means, provided the intended recipient of the notice is known to the sendel' to be able to I'eceive notices in thM form , but othel'wise must be delivered to the intended recipient or posted to the usual or last known address of the intended recipient. Section 83. Regullltions. The Ministel' may make regulations not inconsistent with this Act for the effective implementation of this Act. Section 84. Repeals and savings. (a) Subject to subsection (b) below, 34 PNC §§ 2001 - 2010 and the I'egulations made pursuant thel'eto are repealed, and are refel'red to in this section as " the repealed laws." (b) Regulations (I) repealed by subsection (a) which could have been made nndel' an equivalent provision of this Act are deemed to have been made under- that provision and remain in force as if so made until repealed by regulations made under this Act. unless and to the extent (hat; (A) the mattel' is provided fOI' in this Act; and (8) the regulations are inconsistent with the provisions of this Act 01' any other written law. (2) repealed by subsection (a) do not include the cu .... ent Plant and Animal Quarantine Regulations. Such regulations shall be repealed only after new regulations I'egulating the qnarantine, possession, and transportation of plants and animals including harmful invasive species al'e pl'omnlgated in accord:lllce Page 59 of 61 RPPL No.9-58 (p{l.~,etl (IS Hml ... -' H-;;O;ill;-'N~IJ-:;9cc 3'"'3:- 7' .--:H;-;-n=2)· with this Act. (c) Provisions of regulations made under the repealed laws dealing with the tr'elltment of animals, plants and their pl"Oducts on arrival in the Republic of Palau: (I) are deemed to have been made by the Chief as specifications under section 22: (2) may be varied by the Chief under that section; and (3) if included in a biosecurity register arc governed by section 71 as to their evidential status. (d) Permits equivalent to import permits issued under any provision of the repealed laws remain in force until they expire in accordance with their ter'ms, or until revoked under this Act. Section 85. Consultation and Coordination. (a) Before exercising powers under this Act, the Minister and Chief should obtain appropriate technical advice and consult relevant interested parties, including affected agencies of the national and state governments. (b) Biosecurity officers and other persons administer'ing this Act should, so far as possible, coordinate their functions with those of officer's of other government agencies and statutory authorities, in respect of border control, the movement of vessels and aircraft , human health , biosecurity internal contl'ol and compliance with the laws of the Republic of Palau generally. Section 86. International Cooperation. (3) The President may, in accordance with P:1I:1u law llnd upon consultation with the Minister, enter into bilateral or multilateral agreements with countr'ies and intel"lllllional organizations for effective international contl"Ol in biosecurity matter·s. (b) Agreements under' subsection (a) may include agr'eelllents on procedur'cs for implementing this Act, but not so as to Val")' the effect of any of its provisions except as provided by this Act. (c) The Minister' should use his or her best efforts to implement in Palau international standards and requirements relating to biosecnrity and to that end should: (1) designate one or' more officers in the Ministry as the enquiry point and Page 60 of 61 RP PL N o . ....,.;:9-~5?'-8 -:c-:~....,.,.".,., (Passed as HOII.,e Bill Na 9-33-2, fln2) notilication authority for purposes of the tPPC, the OLE and the PPPO: and (2) seek to enSU"e that notification and reporting requi"ements of the LPPC, the OrE, the PPPO and any other international agreement relating to biosecurity imposed on Palau aI'e met in a timely manner. Section 87. Effective date. This Act shall take effect upon certification by the Ministry of Na tural Resources, Environment and Tourism that all steps necessary fo,' implementation have been met, or six (6) months after its approval by the President of the Republic of Palau or after its becoming law without such approval, except as otherwise provided by law, whichever is earlie,·. PASSED: Fcbrua,-y 04. 2016 Approved this ~ day of 'fL.LJ4~=~ President ° Page 61of 61