Marshall Islands Red Cross Society (Incorporation and Recognition) Act 2013Act 2013 18 MIRC Ch.3
TITLE 18 – COOPERATIVES AND NON-PROFIT CORPORATIONS
CHAPTER 3 - MARSHALL ISLANDS RED CROSS SOCIETY
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
MARSHALL ISLANDS RED CROSS SOCIETY
(INCORPORATION AND RECOGNITION) ACT 2013
Arrangement of Sections
Section Page
PART I - PRELIMINARY 3
§301. Short Title. ............................................................................................................................. 3
§302. Interpretation. ....................................................................................................................... 3
PART II - ESTABLISHMENT AND OBJECTIVES OF THE SOCIETY 4
§303. Establishment of the Society. .............................................................................................. 4
§304. Objects of the Society. .......................................................................................................... 5
PART III - GOVERNING STRUCTURE OF THE SOCIETY 6
§305. Governing body of the Society. .......................................................................................... 6
§306. Statutes and By-laws of the Society. .................................................................................. 6
PART IV - FINANCIAL PROVISIONS 7
§307. Contributions. ....................................................................................................................... 7
§308. Funds. ..................................................................................................................................... 7
§309. Costs for Entrusted Services. .............................................................................................. 7
§310. Exemption from Taxes and Duties. ................................................................................... 7
PART V - MISCELLANEOUS 8
§311. Use and Protection of the Emblem. ................................................................................... 8
§312. Offence. .................................................................................................................................. 8
Act 2013 18 MIRC Ch.3 §301
TITLE 18 – COOPERATIVES AND NON-PROFIT CORPORATIONS
CHAPTER 3 - MARSHALL ISLANDS RED CROSS SOCIETY
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
MARSHALL ISLANDS RED CROSS SOCIETY
(INCORPORATION AND RECOGNITION) ACT 2013
AN ACT to establish, recognize and regulate the Marshall Islands Red Cross Society
(hereinafter “ the Society”) in the Republic of the Marshall Islands.
Commencement: November 26, 2013
Source: P.L. 2013-27
PART I - PRELIMINARY
§301. Short Title.
This Act may be cited as the Marshall Islands Red Cross Society
(Incorporation and Recognition) Act, 2013.
§302. Interpretation.
In this Act unless the context otherwise requires:
(a) “Geneva Conventions” means the four (4) Geneva
Conventions of 1949 to which the Republic of the Marshall
Islands is party;
(b) “Constitution” means such Constitution of the Marshall
Islands Red Cross Society as may be approved by the Society,
consistent with this Act, the Geneva Conventions and the
Fundamental Principles and Resolutions of the International
Conference of the Red Cross and Red Crescent;
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(c) “Fundamental Principles” means the seven Fundamental
Principles of the International Red Cross and Red Crescent
Movement as adopted by the International Conferences of the
Red Cross and Red Crescent, and which include Humanity,
Impartiality, Neutrality, Independence, Voluntary service,
Unity and universality;
(d) “Local Branch(es)” means local branches established under
the Constitution;
(e) “Movement” means the International Red Cross and Red
Crescent Movement; and
(f) “Society” means the Marshall Islands Red Cross Society.
PART II - ESTABLISHMENT AND OBJECTIVES OF THE SOCIETY
§303. Establishment of the Society.
(1) There is hereby established a Society to be known as the Marshall
Islands Red Cross Society which shall be the sole national Red Cross
Society in the Marshall Islands.
(2) The Society shall be a body corporate under the name of the Marshall
Islands Red Cross Society, having perpetual succession and a
common seal, with power to sue and be sued, purchase, acquire,
hold, manage and dispose of movable and immovable property and
to enter into such contracts as it may consider to be necessary or
expedient for the purpose of performing its functions or achieving its
objects under this Act.
(3) The Society is a voluntary aid society, auxiliary to the public
authorities in the humanitarian field, recognized and authorized on
the basis of the Geneva Conventions to render assistance to the
medical services of the armed forces in times of armed conflict and to
provide humanitarian and disaster relief services:
(a) The public authorities shall at all times respect the adherence
of the Society to the Fundamental Principles. They shall also
respect at all times the independent and voluntary nature of
the Society, in accordance with Resolution 55(1) relating to
National Red Cross Societies, as adopted by the General
Assembly of the United Nations on November 19, 1946; and
Act 2013 18 MIRC Ch.3 §304
(b) The public authorities shall facilitate the voluntary work of the
Society and support the Society in its efforts to mobilize,
recruit, train and retain volunteers that will play an important
role in fulfilling its objects and its auxiliary status.
§304. Objects of the Society.
(1) In addition to enjoying a mandate to render assistance to the medical
services of the armed forces in times of armed conflict in accordance
with the 1949 Geneva Conventions, the objects of the Society are:
(a) To prevent and help alleviate the suffering of any person
without adverse discrimination as to nationality, race,
ethnicity, religious belief, color, status, wealth, sex, language
or political opinion, or similar criteria;
(b) To lay down and implement programs to provide
humanitarian aid and relief for members of armed forces and
civilians in distress and alleviation of their suffering in time of
armed conflict, other situations of violence or peace in
accordance with the Geneva Conventions and other relevant
treaties and laws
(c) To be a leading organization and to take part in national
preparedness and response plans in situations of natural or
man-made disasters or other emergencies which may strike
within the territory of the State;
(d) To provide community services to the general population
through the Society’s own programs in such fields as health,
the prevention of diseases, social welfare and education;
(e) To manage an effective national network to restore family
links between people separated as a consequence of armed
conflict, other situations of violence, natural or man-made
disasters or other situations requiring a humanitarian
response;
(f) To cooperate with the Public Authorities and public service
personnel in the activities of the State designed to promote and
implement international humanitarian law, as well as to
monitor and prevent misuse of the Red Cross and of the other
distinctive emblems and designations recognized under the
Geneva Conventions;
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(g) To promote and disseminate knowledge of international
humanitarian law, the Fundamental Principles of the
International Red Cross and Red Crescent Movement and the
spirit of volunteerism; and
(h) To cooperate with the international Red Cross and Red
Crescent organizations in carrying out activities freely and
independently in accordance with the Fundamental Principles
of the Red Cross and Red Crescent Movement.
(2) The Society shall comply with its duties as a component of the
Movement and as a member of the International Federation of Red
Cross and Red Crescent Societies.
(3) The Society shall act at all times in conformity with its Statutes as
adopted by its General Assembly, the 1949 Geneva Conventions, the
laws of the Marshall Islands, as well as the Fundamental Principles
and the Resolutions of the International Conference of the Red Cross
and Red Crescent.
PART III - GOVERNING STRUCTURE OF THE SOCIETY
§305. Governing body of the Society.
(1) The supreme governing body of the Society shall be a General
Assembly constituted in accordance with the Society’s Constitution.
(2) The Society shall also establish a National Governing Board and a
Secretariat with such duties and powers as may be prescribed under
the Constitution referred to in subsection (1) of this section.
(3) With the object of ensuring that the Society’s activities extend
throughout the whole of the nation, the Society may consider
establishing local branches as it deems necessary.
§306. Statutes and By-laws of the Society.
(1) The Society’s Constitution referred to in subsection (1) of section 5
shall be adopted by the Society’s General Assembly and shall come
into effect in accordance with the Constitution.
(2) Consistent with the provisions of the Constitution and subject to the
approval of the Society’s General Assembly, the Regulations and
Act 2013 18 MIRC Ch.3 §307
Rules of procedures shall be promulgated for the orderly conduct of
the business of the Society.
(3) Without limiting the generality of subsection (1) of this section the
Constitution may provide that:
(a) membership of the Society shall not be withheld from any
person on the ground of sex, race, nationality, religion or faith,
political opinion, ethnicity, language or any other similar
criteria; and;
(b) all members of the Society shall be represented on the General
Assembly of the Society.
PART IV - FINANCIAL PROVISIONS
§307. Contributions.
The Society may, in accordance with its object and functions, accept
unrestricted contributions and assistance in any form from individuals, the
public authorities and private or public bodies. It may accept as agent or
trustee funds or property in trust or earmarked for particular use, provided
that such use is within the general scope of its object and functions.
§308. Funds.
The Society may constitute and administer any reserve, insurance or other
funds for its staff or any of its activities.
§309. Costs for Entrusted Services.
The public authorities shall make provisions for covering the cost of any
service or activity which they may entrust to the Society within the scope of
the Society’s object and functions. The conditions for the implementation of
such services or activities shall be laid down in agreements between the
Society and the relevant public authority.
§310. Exemption from Taxes and Duties.
(1) The assets of the Society, including its financial resources and real
estate as well as the revenue from its income generating activities,
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shall be exempted from all taxes and duties imposed by national and
local governments or under any other law.
(2) Donations made to the Society by any individual or legal body shall
benefit from applicable tax exemptions.
PART V - MISCELLANEOUS
§311. Use and Protection of the Emblem.
(1) In conformity with the Geneva Conventions of 1949, the 1991
Regulations on the use of the emblem by National Societies adopted
by the International Conference of the Red Cross and Red Crescent,
and the present Act, the Society, for all the purposes foreseen by the
International Conference of the Red Cross and Red Crescent, shall be
authorized to use:
(a) the emblem of a red cross with vertical and horizontal arms of
the same length on, and completely surrounded by a white
ground, or the designation “Red Cross” or “Geneva Cross”;
(b) the emblem of a red crescent moon on, and completely
surrounded by, a white ground, or the designation “Red
Crescent”.
(2) The Society shall use its distinctive logo and seal consisting of the
heraldic sign of the red cross on a white background accompanied by
the words Marshall Islands Red Cross Society.
(3) Any use of the red cross emblem and name other than foreseen in the
Geneva Conventions or in paragraphs 1 and 2 of the present Section,
or of any other emblem, sign, signal or designation protected under
international humanitarian law, is prohibited and shall be punished
in accordance with Section 12 of this Act and with any other
applicable laws of the Republic.
§312. Offence.
Any person who contravenes any of the provisions of section 11(3) of this
Act commits an offence and shall be liable upon conviction to a fine not
exceeding $1000.00 or to imprisonment for a term not exceeding 6 months or
both.