Registration of Persons Act 1989
TITLE 7 – PUBLIC HEALTH, SAFETY AND WELFARE
CHAPTER 16 - REGISTRATION OF PERSONS
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
REGISTRATION OF PERSONS ACT 1989
Arrangement of Sections
Section Page
PART I – PRELIMINARY 3
§1601. Short Title. ............................................................................................................................. 3
§1602. Interpretation. ....................................................................................................................... 3
PART II- ADMINISTRATION 4
§1603. Appointment of Officers and staff. .................................................................................... 4
§1604. Powers and duties of Officers. ............................................................................................ 4
§1605. Delegation of powers by the Registrar-General. .............................................................. 4
PART III - REGISTRATION OF PERSONS 5
§1606. Persons eligible to registration. .......................................................................................... 5
§1607. Register of Persons. .............................................................................................................. 5
§1608. Registration. .......................................................................................................................... 5
§1609. Application for registration. ............................................................................................... 5
§1610. Rejection of application. ...................................................................................................... 6
§1611. Registrar-General’s decision to be final. ........................................................................... 6
§1612. Registration by the Registrar-General. .............................................................................. 6
PART IV - IDENTITY CARDS 6
§1613. Issue of identity cards. ......................................................................................................... 6
§1614. Issue of duplicate identity cards in case of loss. .............................................................. 7
§1615. Issue of duplicate identity cards in case of damage. ....................................................... 8
§1616. Registrar-General’s decision to be final. ........................................................................... 8
§1617. Recovery of lost identity cards. .......................................................................................... 8
§1618. Surrender of identity cards. ................................................................................................ 9
§1619. Identity card not transferable. ............................................................................................ 9
§1620. Alteration of identity card. ................................................................................................. 9
PART V - GENERAL 9
§1621. Fees. ........................................................................................................................................ 9
§1622. The operation of Immigration and Emigration Act and Citizenship Act. ................... 9
§1623. Certain identity cards not valid. ...................................................................................... 10
§1624. Regulations. ........................................................................................................................ 10
TITLE 7 – PUBLIC HEALTH, SAFETY AND WELFARE
CHAPTER 16 - REGISTRATION OF PERSONS
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
REGISTRATION OF PERSONS ACT 1989
AN ACT to provide for the registration of Marshallese Citizens, for the issue of
identity cards and for purposes connected therewith.
Commencement: April 7, 1989
Source: P.L. 1989-41
PART I – PRELIMINARY
§1601. Short Title.
This Chapter may be cited as the Registration of Persons Act 1989.[P.L. 1989-41, §1.]
§1602. Interpretation.
In this Chapter, unless the context otherwise requires:
(a) “Assistant Registrar-General” means a person appointed as
an Assistant Registrar-General for the Registration of Persons
for the purposes of this Chapter;
(b) “Registrar-General” means a person appointed as the
Registrar-General for the Registration of Persons for the
purposes of this Chapter;
(c) “holder” in relation to an identity card, means a person to
whom such card is issued under this Chapter;
(d) “identity card” means an identity card issued by the Registrar-
General under this Chapter and includes a duplicate thereof so
issued;
(e) “Minister” means the Minister responsible for Internal Affairs;
(f) “Register of Persons” means the Register of Persons, opened
and maintained by the Registrar-General under this Chapter;
and
(g) “registered person” means a person registered in the Register
of Persons under this Chapter. [P.L. 1989-41, §2. Paragraph renumbered forconsistency with the format and style of the Code. Amended by P.L. 1990-90, §2(1)
substituting a new definition for “Minister” amended by P.L. 1992-4, §4 changing the term
“Commissioner for the Registration of Persons” to “Registrar-General” throughout this
Chapter.]
PART II- ADMINISTRATION
§1603. Appointment of Officers and staff.
(1) The Registrar-General for the Registration of Persons shall be ex
officio the Secretary of Internal Affairs or the Secretary’s designee,
who shall be a member of the public service.
(2) The Assistant Registrar-General for the Registration of Persons shall
be appointed by the Registrar-General, who shall be a member of the
public service.
(3) There may be appointed such other staff members as necessary, who
shall be members of the public service. [P.L. 1989-41, §3, amended by FL. 1990-90, §2(2) repealing Section 3 and enacting new Section 3.]
§1604. Powers and duties of Officers.
In the exercise, performance and discharge of the powers, duties or
functions conferred under this Chapter, the Registrar-General shall be
subject to the direction of the Minister and any Assistant Registrar-General
may be subject to the direction of the Registrar General. [P.L. 1989-41, §4.]
§1605. Delegation of powers by the Registrar-General.
The Registrar-General may either generally or specially authorize any
Assistant Registrar-General to exercise, perform or discharge any power,
duty or function conferred or imposed upon him under this Chapter.[P.L. 1989-41, §3.]
PART III - REGISTRATION OF PERSONS
§1606. Persons eligible to registration.
(1) Every person who is a citizen of the Republic and who is not eligible
to register under Subsection (2) of this Section shall be eligible to
apply for registration, regardless of that persons age.
(2) A person who is the holder of a valid visa or endorsement granted to
him under the Immigration and Emigration Act 1986 (43 MIRC I), or
who is exempted from the requirement of a visa or endorsement
under the said Act, shall not be eligible to registration. [P.L. 1989-41, §6.Subsection (2) modified as to form for clarity. Amended by P.L. 1990-90, §3, substituting new
Subsection (1)]
§1607. Register of Persons.
For the purpose of registration of persons under this Chapter the Registrar-
General shall keep and maintain a Register called the Register of Persons in
the prescribed form in which persons are registered from time to time in
accordance with the provisions of this Chapter. [P.L. 1989-41, §7.]
§1608. Registration.
A person who is eligible to registration under this Chapter, may apply to the
Registrar-General for such registration. [P.L. 1989-41, §8.]
§1609. Application for registration.
(1) Every application for registration shall be addressed to the Registrar-
General and shall be in the prescribed form containing such
particulars that may be required.
(2) An application for registration shall include photographs of the
applicant, to be either provided by the applicant or to be taken and
processed by the Registrar-General or the Registrar-General’s
designee. The number, dimensions and specifications of the
photographs shall be as determined by the Registrar-General or the
Registrar-General’s designee.
(3) The identity of the applicant shall be certified by the person accepting
the application in accordance with procedures to be determined by
the Registrar-General or the Registrar-General’s designee. [P.L. 1989-41, §9,amended by P L. 1990-90, §2(4). repealing Subsection (2) and (3) enacting new Subsections (2) and (3).]
§1610. Rejection of application.
(1) An application for registration may be rejected by the Registrar-
General:
(a) if the application is not made under and in accordance with
the provisions of this Chapter or the regulations made
thereunder; or
(b) if the person is not eligible to registration under this Chapter,
and accordingly no application shall be rejected by the
Registrar-General except under any of the circumstances
referred to in the preceding provisions of this Section.
(2) In the event of any application for registration or an application for a
duplicate of an identity card being rejected, it shall be the duty of the
Registrar-General to inform the applicant in writing that such
application has been rejected and he shall state the grounds for such
rejection. [P.L. 1989-41, §10.]
§1611. Registrar-General’s decision to be final.
The decision of the Registrar-General on any application for registration
shall be final and conclusive. [P.L. 1989-41, §11.]
§1612. Registration by the Registrar-General.
Upon the receipt of an application for registration, the Registrar-General, if
not rejected under Section 1610 of this Chapter, shall register the applicant
in the Register of Persons by entering the prescribed particulars relating to
the applicant. [P.L. 1989-41, §12.]
PART IV - IDENTITY CARDS
§1613. Issue of identity cards.
(1) The Registrar-General shall, as soon as practicable after a person is
registered issue to that person an identity card.
(2) The identity card shall:
(a) be in the prescribed form and contain prescribed particulars
including but not limited to the applicant’s name, address, and
date and place of birth:
(b) bear one copy of the applicant’s photograph as required under
Subsection 1609(2) of this Chapter:
(c) bear the signature of the facsimile of the signature of the
Registrar-General or Assistant Registrar-General; and
(d) bear the signature of the applicant.
(3) The identity card shall also contain any distinguishing mark imposed
on that card by a machine or otherwise under the authority of the
Registrar-General. [P.L. 1989-41, §13, amended by P. L. 1990-90, §5, substituting newSubsection (2)(a) and (b).]
§1614. Issue of duplicate identity cards in case of loss.
(1) Any person who has lost his identity card may immediately report
such loss to the nearest police station and may thereafter apply to the
Registrar-General for a duplicate of the identity card.
(2) An application for a duplicate identity card shall:
(a) be made in the prescribed form: and
(b) include photographs of the applicant as provided under
Subsection 1609(2) of this Chapter; and
(c) be accompanied by a certified copy of the extract of the
complaint made to the police relating to the loss.
(3) Upon the receipt of an application for the issue of a duplicate of an
identity card made under this Section, the Registrar-General shall
issue such duplicate to the applicant unless he rejects such
application upon the ground that the application is not made under
and in accordance with this Chapter or any regulation made
thereunder.
(4) An applicant for the issue of a duplicate identity card under this
Section shall be liable to pay the cost of the copies of the photograph.[P.L. 1989-41, §14, amended by P.L. 1990-90, §6, substituting new Subsection (2)(b).]
§1615. Issue of duplicate identity cards in case of damage.
(1) Where an identity card is damaged, detached or illegible or in danger
of becoming illegible the holder of that card may apply to the
Registrar-General for a duplicate of that card.
(2) An application for a duplicate of an identity card under this Section
shall:
(a) be in the prescribed form:
(b) be accompanied by the original of that card; and
(c) include photographs of the applicant as provided under
Subsection 1609(2) of this Chapter.
(3) No application for the issue of a duplicate identity card shall be
refused by the Registrar-General except upon the ground that such
application is not made in accordance with this Chapter or any
regulation made thereunder
(4) An applicant for the duplicate of an identity card under this Section
shall be liable to pay the cost of the copies of the photograph.[P.L. 1989-41, §15: amended by P.L. 1990-90, §7, substituting new Subsection (2)(c).]
§1616. Registrar-General’s decision to be final.
The decision of the Registrar-General on any application for a duplicate of
an identity card shall be final and conclusive. [P.L. 1989-41, §16.]
§1617. Recovery of lost identity cards.
(1) Where a person who has lost his identity card subsequently recovers
possession of the card, such person may if the duplicate of the card
had been issued to him prior to such recovery, surrender the original
of that card to the Registrar-General for cancellation within the
prescribed period.
(2) Any person who finds an identity card which was not issued to him
shall forthwith surrender that card to the Registrar-General or to the
nearest police station. [P.L. 1989-41, §17.]
§1618. Surrender of identity cards.
In the event of the death of the holder of an identity card, the person having
the custody of that card shall forthwith surrender it to the nearest police
station or to the Registrar-General. [P.L. 1989-4 1, §18.]
§1619. Identity card not transferable.
The holder of an identity card shall not transfer or assign that card to any
other person, and any such transfer or assignment effected shall be null and
void. [P.L. 1989-41, §19.]
§1620. Alteration of identity card.
(1) No person, other than the Registrar-General or any other officer
authorized by him, shall make any mark, endorsement, or entry
upon, or erase, cancel, or alter any such mark, endorsement or entry
contained in any identity card or otherwise deface or destroy such
card.
(2) Any mark, endorsement or entry or any erasure, cancellation or
alteration, referred to in Subsection (1) of this Section shall be
properly authenticated by the Registrar-General or the officer
authorized. [P.L. 1989-41, §20.]
PART V - GENERAL
§1621. Fees.
A fee in an amount to be determined by the Registrar-General shall be paid
with each application to cover any administrative or other expenses
necessary for the implementation of this Chapter. [P.L. 1989-41, §21, amended by P.L.1990, §2(8) substituting new Section 21.]
§1622. The operation of Immigration and Emigration Act and Citizenship
Act.
(1) The provisions of the Immigration and Emigration Act 1986 (43 MIRC
1), shall prevail notwithstanding the provisions of this Chapter, and
accordingly the fact that a person has applied for registration or is
registered in the Register of Persons or is the holder of an identity
card shall not, if that person has entered or is remaining in the
Republic of the Marshall Islands in contravention of the processions
of the Immigration and Emigration Act 1986 (43 MIRC I) be deemed or
construed to make lawful his entry or residence in the Republic of the
Marshall Islands.
(2) The provisions of the Citizenship Act 1984 (43 MIRC 4), shall prevail
notwithstanding the provisions of this Chapter, and accordingly the
fact that a person has applied for registration or is registered in the
Register of Persons or is the holder of an identity card shall not in any
manner be held to be proof that such person is or was entitled to
citizenship of the Republic of the Marshall Islands. [P.L. 1989-41, §22.]
§1623. Certain identity cards not valid.
An identity card which has been issued or obtained by means of false
representation, or fraud or which is not surrendered to the Registrar-
General under Section 1617 of this Chapter, within the period specified
therein shall be invalid and of no effect. [P.L. 1989-41, §23.]
§1624. Regulations.
(1) The Minister may make regulations for the purpose of giving effect to
the principles and provisions of this Chapter.
(2) The regulations made under Subsection (1) of this Section shall come
into force upon approval by the Cabinet. [P.L. 1989-41, §24.]
