Jaluit Atoll Economic Development Authority Act 2000
TITLE 10 – PLANNING AND ECONOMIC DEVELOPMENT
CHAPTER 15 - JALUIT ATOLL ECONOMIC DEVELOPMENT AUTHORITY
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
JALUIT ATOLL ECONOMIC DEVELOPMENT
AUTHORITY ACT 2000
Arrangement of Sections
Section Page
§1501. Short Title. ............................................................................................................................. 3
§1502. Purpose. ................................................................................................................................. 3
§1503. Interpretation. ....................................................................................................................... 4
§1504. Application of Article VII of the Constitution. ................................................................. 4
§1505. Constitution of the Authority. ............................................................................................ 4
§1506. Organization and Management. ........................................................................................ 5
§1507. Compensation. ...................................................................................................................... 6
§1508. Vacation of Office. ................................................................................................................ 6
§1509. Delegation by the Board. ..................................................................................................... 7
§1510. Procedures of the Board. ..................................................................................................... 8
§1511. Disclosure of, and disqualification for, interest. .............................................................. 8
§1512. Misconduct in Public Office. ............................................................................................... 8
§1513. By-laws. .................................................................................................................................. 8
§1514. Staff of the Authority. .......................................................................................................... 8
§1515. Application of Bribery Law................................................................................................. 9
§1516. Immunity for Official Acts. ................................................................................................. 9
§1517. Policies of the Authority. ................................................................................................... 10
§1518. Functions of the Authority. ............................................................................................... 10
§1519. Powers of the Authority. ................................................................................................... 11
§1520. Jaluit Atoll Economic Development Authority Fund. .................................................. 12
§1521. Payments out of the Fund. ................................................................................................ 13
§1522. Borrowing, etc. .................................................................................................................... 13
§1523. Bank accounts. .................................................................................................................... 14
§1524. Accounts and Records. ...................................................................................................... 14
§1525. Investment. ......................................................................................................................... 15
§1526. Reports. ................................................................................................................................ 15
§1527. Other Reports. .................................................................................................................... 16
§1528. Tax Exemption. ................................................................................................................... 16
§1529. Compliance with Other Laws. ......................................................................................... 16
§1530. Effective Date. ..................................................................................................................... 16
TITLE 10 – PLANNING AND ECONOMIC DEVELOPMENT
CHAPTER 15 - JALUIT ATOLL ECONOMIC DEVELOPMENT AUTHORITY
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
JALUIT ATOLL ECONOMIC DEVELOPMENT
AUTHORITY ACT 2000
AN ACT to establish the Jaluit Atoll Economic Development Authority and to
provide all the powers necessary to plan for the development and implementation of
all programs and projects for the social, economic and educational betterment of the
people of Jaluit Atoll, with responsible and appropriate review by the Government
of the Republic of the Marshall Islands to ensure fiscal responsibility and
consistency with the development policies of the Government of the Republic.
Commencement: October 7, 2002
Source: P.L. 2002-61
§1501. Short Title.
This Chapter may be cited as Jaluit Atoll Economic Development Authority
Act, 2000. [P.L.. 2002-61, §1.]
§1502. Purpose.
It is the intent of this legislation to create a vehicle by which the people of
Jaluit Atoll may themselves develop and implement programs and projects
for the social, economic and educational betterment of the people of the
Jaluit Atoll, with responsible and appropriate review by the Government of
the Republic of the Marshall Islands to ensure fiscal responsibility and
consistency with the development policies of the Government of the
Republic. [P.L. 2002-61, §2.]
§1503. Interpretation.
(1) In this Chapter, unless the context otherwise requires:
(a) “Government†means the Government of the Republic of the
Marshall Islands;
(b) “Authority†means the Jaluit Atoll Economic Development
Authority established under Section 1505 of this Chapter;
(c) “Board†means the Board of directors established under
Section 1506 of this Chapter;
(d) “Government Agency†means any corporation or statutory
body established by the Government for the purpose of
development generally or with respect to any particular
locality or subject;
(e) “a member of the Board†includes the chairman of the Board;
and
(f) “the Republic of the Marshall Islands representativeâ€
(hereinafter referred as the “RMI Representativeâ€) means the
official to whom the subject of Jaluit Atoll development has
been delegated by the President of the Republic of the
Marshall Islands. [P.L. 2002-61, §3.]
§1504. Application of Article VII of the Constitution.
Article VII of the Constitution shall not apply or relate to the Authority, its
Board or employees. [P.L. 2002-61, §4.]
§1505. Constitution of the Authority.
(1) There is hereby established the Jaluit Atoll Development Authority
(“the Authorityâ€).
(2) The Authority:
(a) is a body corporate with perpetual succession;
(b) shall have a common seal;
(c) may acquire, hold, charge, and dispose of property; and
(d) may sue and be sued in its corporate name.
(3) Common Seal:
(a) all courts, judges and persons acting judicially shall take
judicial notice of the common seal of the Authority affixed to
any document and shall presume that it was duly affixed;
(b) the common seal of the Authority shall be in the custody of the
Authority;
(c) the common seal of the Authority may only be altered in such
a manner as may be determined by the Authority;
(d) the common seal of the Authority shall not be affixed to any
document except in the presence of;
(i) the chairman of Board, or
(ii) a member of the board or an officer of the Authority
authorized by the Board to act on behalf of the
Chairman.
(4) The provisions of the Associations Law shall apply or relate to the
Authority. [P.L. 2002-61, §5.]
§1506. Organization and Management.
(1) The powers and duties of the Authority are hereby vested in and
shall be exercised by the Board. The Board shall consist of seven (7)
members appointed by the President from the offices and
nominations follows:
(a) the RMI Representative who shall be the official representative
of the Government;
(b) one Senator representing Jaluit Atoll in the Nitijela;
(c) the Mayor of the Jaluit Atoll Local Government or a member
of the Council [duly authorized] nominated by the Mayor;
(d) the President of the Jaluit Atoll Chamber of Commerce, and
until the establishment or formation of such Chamber of
Commerce, a representative nominated by consensus of the
Jaluit Atoll business community;
(e) one (1) landowner representative, who shall be an Iroij, Alab
or Senior Dri Jerbal, nominated by the principal landowners of
those lands within Jaluit Atoll which are or are likely to be
affected by the powers, projects or programs of the Authority;
(f) two (2) members to be nominated by a majority of the Board
appointed under Subsection 1 (a), (b), (c), (d), and (e) above. In
the event the Board is unable to nominate such two (2)
members, the President of the Marshall Islands shall appoint
such members from among those person considered for
nomination by the Board. [P.L. 2002-61, §6.]
§1507. Compensation.
(1) Any member of the Board, other than a member appointed under
Section1506 (1)(a), (b) and (c) of this Chapter, or a member who
otherwise hold a salaried Government office, shall be entitled to
receive such compensation for his services as the Board may
determine.
(2) Any member of the Board shall be entitled to receive per diem and
travel expense at such rates and upon such terms and conditions as
may be determined by the Board; provided, however, that such rates
shall in no event exceed the rare paid to Government employees.
(3) The duly elected and acting Chairman of the Board shall serve
without any compensation; provided, however, that the exceptions of
Subsection (1) of this Section shall apply. [P.L. 2002-61, §7.]
§1508. Vacation of Office.
(1) A member of the Board vacates his office;
(a) upon death;
(b) by submitting a letter of resignation as provided for in
Subsection (2) of this Section;
(c) by ceasing to hold that elective office which was the basis for
his appointment; or;
(d) by being removed from office as provided for in Subsection (3)
of this Section.
(2) A resignation under Subsection (1)(b) of this Section shall take effect
when it is received by the President or on such later date as may be
agreed by the President and the member concerned.
(3) The Board may, for cause, remove any member of the Board from
office; provided, however, that in the event good cause exists, and the
Board fails to take appropriate action, the President of the Marshall
Islands shall remove such members. The Board, or President, in the
event the Board does not take appropriate action, may suspend any
member of the Board from office pending a decision for removal as
provided herein above.
(4) In the event of the vacation of office by any member, the President
may in accordance with Section 1506(1) of this Chapter, appoint
another person in his place. Any person appointed in place of such
member shall hold office during the period of the unexpired term of
the member who he succeeds.
(5) If any member of the Board is temporarily unable to discharge the
duties of his office on account of ill-health or absence from the
country, or any other cause, the President may appoint another
person to act in his place.
(6) Any appointment made by the President under this Section or
Section 1506 of this Chapter, whether permanent, temporary, or
following a vacation of office, shall be published in any newspaper
within the Marshall Islands, including public announcement through
the Government owned V7AB radio station. [P.L. 2002-61, §8.]
§1509. Delegation by the Board.
(1) The Board may, by written instrument, delegate any of its powers
and functions except the power to make by-laws under Section 1512
of this Chapter, to any person.
(2) A delegation under Subsection (1) of this Section may relate:
(a) to the whole or any part of the Jaluit Atoll specified in the
instrument of delegation; or
(b) to all activities conducted by the Authority or in which the
Authority is concerned, or to such of them as are specified in
the instrument of delegation.
(3) A delegation under Subsection (1) of this Section, may be made
subject to limitations and conditions.
(4) A delegation under this Section shall be revocable at will by written
instrument, and no such delegation shall prevent the exercise or
performance or any power or function by the Board. [P.L. 2002-61, §9.]
§1510. Procedures of the Board.
Subject to this Chapter and to the by-laws made under Section 1513 of this
Chapter, the Board shall determines its own procedures. [P.L. 2002-61, §10.]
§1511. Disclosure of, and disqualification for, interest.
(1) If a member of the Board has any personal interest in the subject
matter of any question before a meeting of the Board:
(a) he shall disclose such interest at the meeting; and
(b) he shall not participate in the deliberations except as directed
by the Board, or in the decision of the Board on the question.
(2) A disclosure under Subsection (1) of this Section shall be recorded in
the minutes.
(3) Unless the RMI Representative for cause otherwise directs, failure to
comply with the requirements of Subsection (1) or (2) of the Section
shall not invalidate any act or proceeding of the Board. [P.L. 2002-61, §11.]
§1512. Misconduct in Public Office.
A failure to comply with Section 10 of this Chapter shall be deemed to be
misconduct in public office within the meaning of 31 MIRC, Chapter 1, Part
XX, Section 146. [P.L. 2002-61, §12.]
§1513. By-laws.
(1) Subject to this Chapter, the Board shall adopt by-laws to govern and
regulate the operations of the Authority and the Board.
(2) The by-laws shall provide for:
(a) the quorum at, and the conduct of, meetings of the Board;
(b) the appointment and duties of officers of the Board; and
(c) any other matters relating to the Board and the operations of
the Authority which the Board may deem appropriate.[P.L. 2002-61, §13.]
§1514. Staff of the Authority.
(1) The Authority:
(a) shall employ an executive officer who shall be a person with a
sound knowledge and experience of commerce, industry
administration, or business management;
(b) may employ such other employees, agents, consultants,
attorneys, accountants or advisers as may be necessary to carry
out the purpose of the Authority.
(2) Persons referred to in Subsection (1) of this Section shall be employed
on such terms and conditions as may be determined by the rules and
regulations of the Public Service Commission. [P.L. 2002-61, §14.]
§1515. Application of Bribery Law.
Every member of the Board and employee of the Authority shall be subject
to the provisions of 31 MIRC, Chapter 1, Part VI, section 118, read mutatis
mutandis with 8 MIRC, Chapter 2, Section 214, with respect to any act in the
performance of his duties under the Authority, and any such act shall be
deemed to be an official act within the meaning of the aforementioned
provisions of the Marshall Islands Revised Code herein referred to.[P.L. 2002-61, §15.]
§1516. Immunity for Official Acts.
(1) No suit or prosecutions while lie:
(a) against the Authority for nay act which in good faith is done,
or purported to be done, by the Authority under this Chapter,
or any regulation made under this Chapter; or
(b) against any member of the Board, officer, servant, or agent of
the Authority for any act which in good faith is done, or
purported to be done, by him under this Chapter, or any
regulations made under this Chapter, or on the direction of the
Authority.
(2) Any expenses incurred by the Authority in any suit or prosecution
brought by or against the Authority before any court shall be paid
out of the Fund of the Authority, and any cost paid to or recovered
by the Authority in any such suit or prosecution shall be credited to
the Fund of the Authority.
(3) Any expenses incurred by any such person as referred to in
Subsection 1(b) of this Section in any suit or prosecution brought
against him before any court in respect of any act which is done or
purported to be done by him under this Chapter, or any regulations
made under this Chapter or on the direction of Authority shall, if the
court holds that such act was done is good faith be paid out o the
Fund of the Authority unless such expenses are recovered by him in
such suit or prosecution.
(4) No writ against person or property shall be issued against a member
of the Board in any action brought against the Authority. [P.L. 2002-61, §16.]
§1517. Policies of the Authority.
Subject to this Chapter, the Authority shall be responsible for determining
its own policies for carrying out its functions; provided, however, that such
policies shall be in conformity with the development policies of the
Government. [P.L. 2002-61, §17.]
§1518. Functions of the Authority.
(1) The primary functions of the Authority under this Chapter shall be:
(a) to investigate, study, develop, implement, and aid in the
financing of social, economic, cultural and educational
development programs and projects for the betterment of the
inhabitants of Jaluit Atoll by itself or jointly with other
government or private organizations or agencies; and
(b) to develop and implement a comprehensive Jaluit Atoll
Development Plan and to develop and improve the quality of
life on all the inhabited islands in Jaluit Atoll. (2) For purposes
stated in Subsection (1) of this Section, the Authority shall
encourage or develop, and may conduct or manage activities
of social, economic, cultural and educational importance to the
inhabitants of the Jaluit Atoll.
(3) In the conduct of any activity under Subsection (2) of this Section, the
Authority shall comply with sound business and accounting
practices. In the conduct of any activity authorized by this Chapter,
the Authority shall not compete with the Government except with the
approval of the Cabinet.
(4) The Authority shall also perform any other functions as required by
law. [P.L. 2002-61, §18.]
§1519. Powers of the Authority.
(1) Subject to this and any other law, the Authority shall have any
powers as are necessary or convenient for carrying out its purposes.
(2) Without prejudice to the generality of the powers conferred by
Subsection (1) of this Section, the Authority may:
(a) identify, promote, assist, or engage in any new or existing
economic development projects designed to increase the
economic welfare of the inhabitants of Jaluit Atoll.
(b) acquire by lease, sublease, easement, or as otherwise allowed
by law, any improved or unimproved land or interest in land,
within Jaluit Atoll, for purpose of development, conservation,
or rehabilitation;
(c) acquire by purchase, lease sublease, easement, or as otherwise
allowed by law, any improved or unimproved land or interest
in land situated outside the Republic of the Marshall Islands
for investment purposes;
(d) erect any building or structure required by the purposes of this
Chapter on land belonging to or administered by the
Authority;
(e) alter or reconstruct any building or property belonging to or
administered by the Authority
(f) construct any residential buildings on land belonging to or
administered by the Authority;
(g) dispose of by sale, lease, sublease, or easement, any building
or interest therein;
(h) dispose of by lease, sublease, or easement any land or interest
therein;
(i) acquire by purchase, lease, or sublease any personal property
or license which the Authority considers necessary or
convenient for carrying out its purposes;
(j) dispose of by sale, or any other manner allowed by law, any
personal property or license of the Authority;
(k) borrow money and accept advance, contributions, gifts, or
other assistance in accordance with Section 1521 of this
Chapter;
(l) lend money, invest or reinvest its funds from time to time and
take and hold any property as security for the payment of
funds loaned or invested;
(m) insure or provide for the insurance of any property, project, or
operation against any or all risks;
(n) expend funds for the study and implementation of programs
and projects determined by the Authority to be of social,
economic, cultural and educational benefit to the inhabitants
of the Jaluit Atoll;
(o) appoint agents, attorneys or accountants in the Islands or
abroad; and
(p) make contracts and other instruments that the Board may
consider necessary or convenient for the exercise and
performance of the powers and duties of the Authority.[P.L. 2002-61, §19.]
§1520. Jaluit Atoll Economic Development Authority Fund.
(1) There shall be established the Jaluit Atoll Development Authority
Fund (in this Chapter also referred to as “the Fundâ€).
(2) The Fund shall be a fund other than the Marshall Islands General
Fund, as same is defined in Article VII, Section 3, of the Constitution.
(3) The Fund shall be held in any bank or trust company as may be
determined by the Board from time to time.
(4) Notwithstanding anything to the contrary, there shall be paid into the
Fund:
(a) any money received by the Government in the form of foreign
aid earmarked for economic, social, cultural and educational
development at Jaluit Atoll;
(b) any money appropriated by the Nitijela for the purposes of the
Authority, either generally or relating to any particular
purpose;
(c) any money received by the Authority through loans, advances,
contribution, gifts, or assistance in accordance with
Section 1522 of this Chapter;
(d) any money received by the Authority as profits, dividends or
raised by the Authority through sale, mortgage, lease,
sublease, easement, or otherwise from any other source,
including repayment of loans and income from any business
or other enterprise; and
(e) any other funding authorized by the Minister of Finance.
(5) The Authority shall separately account for each of the sources of
money referred to in Subsection (4) of this Section. [P.L. 2002-61, §20.]
§1521. Payments out of the Fund.
(1) Payments may be made out of the Fund for the following:
(a) to carry out the purposes of the Authority;
(b) to pay the costs of any expenses of the Authority;
(c) to provide working capital, petty cash, and similar
purposes; and
(d) to pay the costs of administering this Chapter and any other
Act that confers any power or duty on the Authority.
(2) No money shall be withdrawn from the Fund except:
(a) in accordance with the law and duly adopted by-laws of the
Authority; and
(b) with the approval of the Board which shall satisfy itself that
the withdrawal is made in accordance with the law and the
duly adopted by-laws of the Authority. [P.L. 2002-61, §21.]
§1522. Borrowing, etc.
(1) With the approval of the Cabinet and subject to such conditions and
within such limits as the Cabinet may impose, and subject to
Subsections (3) and (4) of this Section, the Authority may borrow
money from the government, a bank, or any other lending institution
or individual necessary and convenient to carry out its purposes.
(2) Except as provided in Subsection (3) of this Section, the Authority
may accept advances, grants, contributions, gifts, and other forms of
financial assistance to carry out its purposes from any person or
organization in the Marshall Islands and abroad.
(3) No money may be borrowed nor may any advance, grant,
contributions, gift, and other assistance be accepted by the Authority
from Government of the United States of the or any of its agencies, or
from any other source outside the Marshall Islands except with the
consent of the Government.
(4) Where any money is borrowed or any advance, grant, contribution,
gift or assistance is received for a specific purpose, or subject to any
conditions as to its use, it may be expended or used only for the
purpose or subject to those conditions. [P.L. 2002-61, §22.]
§1523. Bank accounts.
(1) The Authority shall open an account, or accounts with a banking
institution, which is a member of the United States Federal Deposit
Insurance Corporation or the United States Federal Saving & Loan
Insurance Corporation.
(2) Separate accounts shall be maintained for each of the following:
(a) each business, enterprise, project, or program in which the
Authority is actively engaged; and
(b) any other function which the Authority may perform and
which involves expenditures by the Authority.
(3) Subject to Section 1521 (1)(c) of this Chapter, any money (other than
petty cash) withdrawn from the Fund and not immediately
expended, shall be deposited in an account opened under
Subsection (1) of this Section. [P.L. 2002-61, §23.]
§1524. Accounts and Records.
(1) The Authority shall maintain proper accounts and records, in a form
satisfactory to the Secretary of Finance, for the following:
(a) the Fund;
(b) the expenditures of money from the Fund; and
(c) the property and financial transactions of the Authority.
(2) The accounts which shall be submitted to the Nitijela by the Minister
of Finance pursuant to Article VIII, Section 5(4), of the Constitution,
shall include all accounts relating to the Authority.
(3) The accounts and records referred to in Section 1523 of this Chapter
and subsection (1) of this Section shall be audited by the Auditor-
General as provided for in Article VII, Section 15 of the Constitution.[P.L. 2002-61, §24.]
§1525. Investment.
With the approval of the Board, money in the Fund, or withdrawn from the
Fund in accordance with Section 1521(2) of this Chapter, and not
immediately expended, may be invested as follows:
(a) on deposits or on call with a bank or other financial institution
as provided for in this Chapter; or
(b) in any other manner authorized by the Constitution or law for
investment of the Marshall Islands General Fund. [P.L. 2002-61, §25.]
§1526. Reports.
(1) The Board shall, as soon as practicable after each thirtieth day of June
occurring after the commencement of this Chapter, prepare and
furnish to the Cabinet a report on the operations of the Authority
during the proceeding year, together with financial statements for
that year in such form as the Secretary of Finance approves.
(2) The Authority shall also submit a copy of the report, referred to in
Subsection (1) of this Section to the Auditor-General who shall report
to the Cabinet as to:
(a) whether the statements are based on proper accounts and
records;
(b) whether the statements are in agreement with the accounts
and record and show fairly the financial operations and state
of the affairs of the Authority;
(c) whether the receipts, expenditures, and investment of money,
and the acquisition and disposal of assets by the Authority
during the previous year have been in accordance with this
Chapter; and
(d) such other matters as the Auditor-General considers
appropriate.
(3) The Cabinet shall cause the report and financial statements of the
Board, together with the report of the Auditor-General, and its own
comments to be submitted to the Nitijela within fifteen (15) session
days of the Nitijela after receipt by the Cabinet. [P.L. 2002-61, §26.]
§1527. Other Reports.
Notwithstanding Section 1525 of this Chapter, the Cabinet may require the
Authority to submit to it a report in such a form and as to such matter as the
Cabinet deems appropriate. [P.L. 2002-61, §27.]
§1528. Tax Exemption.
(1) Subject to Subsection (2) of this Section, the income, property, and
transactions of the Authority shall not be subject to any tax, rate,
charge, or impost under any law.
(2) Subsection (1) of this Section shall not apply in respect to any
licensing fee or similar fee that is reasonably in proportion to the
administrative expenses involved. [P.L. 2002-61, §28.]
§1529. Compliance with Other Laws.
The Authority, and any business or enterprise in which the authority is
engaged, shall comply with all laws, including licensing, to be prescribed in
the regulations for carrying this Chapter into effect. [P.L. 2002-61, §29.]
§1530. Effective Date.
This Chapter shall take effect on the date of certification in accordance with
Article IV, Section 21 of the constitution.
