Ports of Entry (Amendment) Act 2013 (P.L. 2013-10)

NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS 34'h CONSTITUTIONAL REGULAR SESSION, 2013 I AN 2 ACT BILL NO.:26 (? L . 'lO\~ -10 3 to amend section 205 of the Republ ic of the Marshall Islands (the "Republic") Ports of Entry Act 4 (the "Act") to clarify the Minister of Transportation and Communications overall authority for 5 port State control operations in the Republic. 6 7 BE IT ENACTED BY THE NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS: 8 9 Section I. Short Title 10 This Act may be cited as the Ports of Entry (Amendment) Act, 2013 II Section 2. Amendments 12 (I) Section 205 of the Principal Act is amended by revising the existing language, adding 13 new clauses, and renumbering the section to include subsections (a) - (d) as follows: 14 ยง205. Inspections at ports of entry. 15 (a) The Minister of Transportation and Communications, or as herein delegated to the Secretary 16 of Transportation and Communications, shall have the authority and responsibility for the 17 conduct of inspections and port State control operations pursuant to this Act and any 18 app licable international conventions to which the Republ ic is a party. 19 (b) All vessels and aircraft when entering and departing a port of entry, or at any other 20 time as deemed necessary by the Secretary of Transpo11ation and Communications, 21 shall be subject to immigration inspection, customs inspection, agricultural 22 inspection and quarantines, public health inspection and quarantines, port State 23 control inspections, and other inspections authorized by law or international 24 convention to which the Republic is a party. If any vessel or aircraft not being in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I BILL NO.:26 1" L. '2.0\;' 10 distress enters or attempts to enter a port of the Republic in violation of the provisions of this Section, such information shall be comml nicated by the fastest available means to the Marshall Islands Police or the Secreta of Transportation and Communications. (c) The term "poli State contro l operations" shall mean the boa ing and inspection of vessels to determine the validity of required international con ention certificates and other required documents or certificates; to assess the overall ondition of the vessel, its equipment, and its crew; to verify that the condition of the vessel and its equipment comply with international requirements; to verify that the vessel is manned in accordance with international requirements; to identify and make note of any deficiencies in the condition of a vessel, its equipment, or its crew; and to apply appropriate control action and/or corrective measures as necessary. All port State control operations shall be conducted pursuant to this Act, any other applicable laws and regulations of the Republic, and the applicable port State control provisions of any international convention concerning maritime safety, security, or environmental protection to which the Republic is a party. Cd) The SecretalY of Transportation and Communications may promulgate Rules and Regu lations to carry out the provisions of this section. Section 3. Effective Date 20 This Act shall take effect in accordance with the Constitution and the Rules of Procedures 21 of the Nitijela. 22 2 1 CERTIFICATE BILL NO.:26 ? L. . 'Z-O\g -l6 2 I hereby certify: 3 I. That Nitijela Bill No.26 was passed by the Nitijela of the Republic of the 4 Marshall Islands on the 6th day of IV\?KOV1 , 2013; and 5 2. That I am satisfied that Nitijela Bill No.26 was passed in accordance with the 6 relevant provisions of the Constitution of the Republic of the Marshall Islands and 7 the Rules of Procedures of the Nitijela. 8 9 r hereby place my signature before the Clerk this '::'if\'\ day of ~A-!p:..:."...!; ...!' 2013. 10 11 12 13 14 15 16 17 Id F. Ca elle Speaker Nitijela of the Marshall Island Attest: 3 Tadashi Lometo Clerk Nitijela of the Marshall Islands