National Archives Act 1989
TITLE 45 – HISTORIC AND CULTURAL PRESERVATION
CHAPTER 1 - NATIONAL ARCHIVES
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
NATIONAL ARCHIVES ACT 1989
Arrangement of Sections
Section Page
PART I - PRELIMINARY 3
§101. Short title. .............................................................................................................................. 3
§102. Interpretation. ....................................................................................................................... 3
PART II- ADMINISTRATION 5
§103. Office of National Archives. ............................................................................................... 5
§104. Archivist and officers of the National Archives. .............................................................. 5
§105. Administration of the Chapter. .......................................................................................... 5
PART III- POWERS AND FUNCTIONS 5
§106. Functions of the Archivist. .................................................................................................. 5
§107. Powers of the Archivist. ...................................................................................................... 6
§108. Selection and transfer of public records. ........................................................................... 8
PART IV - CUSTODY AND PRESERVATION OF ARCHIVES 8
§109. Deposit of public records. ................................................................................................... 8
§110. Documents relating to any public office to be closed down. ......................................... 9
§111. Records of Commissions, etc. ............................................................................................. 9
§112. Deposit of public records less than twenty-five years of age. ........................................ 9
§113. Documents in private possession. .................................................................................... 10
§114. Public records not in Archives. ........................................................................................ 10
§115. Transmission of certain copies or specimens of certain publications to the
Archivist. ............................................................................................................................. 10
PART V - MISCELLANEOUS 11
§116. Prohibition of export of certain documents. .................................................................. 11
§117. Reproduction of public records. ...................................................................................... 12
§118. Protection and preservation of public records............................................................... 12
§119. Destruction of public records. .......................................................................................... 12
§120. Deposit in the National Archives of public and private records. ............................... 12
§121. Temporary transfer of records. ........................................................................................ 13
§122. Qualifications of Contractor. ............................................................................................ 13
§123. Copyright. ........................................................................................................................... 13
§124. Funding. .............................................................................................................................. 14
§125. Regulations. ........................................................................................................................ 14
TITLE 45 – HISTORIC AND CULTURAL PRESERVATION
CHAPTER 1 - NATIONAL ARCHIVES
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
NATIONAL ARCHIVES ACT 1989
AN ACT to provide for the establishment of an Office of National Archives, to make
provision for the custody and preservation of public records, and for matters
connected therewith.
Commencement: April 14, 1989
Source: P.L. 1989-47
Amended By: P.L. 1992-3
PART I - PRELIMINARY
§101. Short title.
This Chapter may be cited as the National Archives Act 1989. [P.L. 1989-47, §1.]
§102. Interpretation.
In this Chapter, unless the context otherwise requires:
(a) “Archivist” means the Archivist appointed under Section 104
of this Chapter;
(b) “Current Marshall Islands records” means records currently
used for the purpose of the institution using such records,
other than the purposes under this Chapter;
(c) “head of the public office” with reference to any public office,
means the head of that office or the officer for the time being
discharging the duties and functions of the head of the office;
(d) “Historic Preservation Office” means the office established
under 45 MIRC
(e) “Historic Preservation Officer” means the Secretary of the
Ministry responsible for administration of the Historic
Preservation Act 1991.
(f) “institution” includes any public office;
(g) “manuscript” means any hand written document made of
paper, copper, silver, gold or other material except granite;
(h) “National Archives” means the Office of National Archives
established under this Chapter;
(i) “public archives” or “archives” means all public records and
any other manuscript, document or printed matter kept or
deposited at the National Archives for permanent
preservation;
(j) “public office” means any ministry, department, office,
agency or instrument of any kind of the Government of the
Republic of the Marshall Islands and includes any public
corporation whose capital is partly or wholly provided by the
Government, office of any diplomatic representative of the
Republic and situated outside the Marshall Islands, or office of
any Local Government Council;
(k) “public record” or “record” means any original or copy of any
manuscript, paper, letter, register, report, book, magazine,
map, chart, plan, drawing, picture, photograph, or any other
record or part thereof either handwritten, drawn, printed,
produced in any other way on paper or on any other matenal
and officially received or produced or prepared in any public
office in the course of its official functions and includes any
cinematography, film, recording, tape, disc or production in
any other media received in any public office;
(l) “printed matter” means any book, magazine, leaflet,
newspaper or any other paper containing information printed
by any mechanical or by any other process. [P.L. 1989-47, §2; amendedby P.L. 1992-3, §2(1)and (2).]
PART II- ADMINISTRATION
§103. Office of National Archives.
An Office known as the Office of National Archives is hereby established.
The Office of National Archives shall be a part of the Historic Preservation
Office. [P.L. 1 989-47, §3, amended by P.L. 1992-3, §2(3).]
§104. Archivist and officers of the National Archives.
(1) The Historic Preservation Officer may appoint a person, by name or
by office, to be or to act as the Archivist.
(2) There may also be appointed such other officers and personnel as
may be necessary for the purposes of the Office of National Archives.[P.L. 1992-3, §2(4).]
§105. Administration of the Chapter.
(1) The Office of Historic Preservation is hereby authorized to contract
for services to administer this Chapter. This may be done in lieu of or
in addition to the appointment of persons pursuant to Section 104.
(2) The contractor shall be a person or corporation possessing the
qualifications necessary to carry out the functions and duties of the
Archivist as described in this Chapter.
(3) In the exercise of general functions, powers and duties under this
Chapter, the Archivist or any entity contracting to provide the
services of Archivist, shall act in consultation with the Historic
Preservation Office. [P.L. 1992-3, §2(4).]
PART III- POWERS AND FUNCTIONS
§106. Functions of the Archivist.
(1) The functions of the Archivist shall be:
(a) to ensure the conservation and preservation of the existing and
future archival resources of the Marshall Islands;
(b) to encourage and foster the preservation of all other archival
resources relating to the Marshall Islands;
(c) to promote, by providing advice and other assistance to
institutions, the keeping of current records in an efficient and
economical manner and in a manner that will facilitate their
use as part of the archival resources of the Marshall Islands;
(d) to seek to obtain, and to have the custody and management of,
material not in the custody of a public office that forms part of
the archival resources of the Marshall Islands and, in the
opinion of the Archivist, ought to be in the custody of
the Archives;
(e) to accept and have the custody and the management of
material that, though not part of the archival resources of the
Marshall Islands, forms part of archival resources relating to
the Marshall Islands and ought to be in the custody of the
archives in order to ensure its preservation or for
other reasons;
(f) to encourage, facilitate, publicize and sponsor the use of
archival material;
(g) to make archival records available for public access in
accordance with this Chapter;
(h) to conduct research, provide advice, in relation to the
management and preservation of records and other archival
material;
(i) to develop and foster the coordination of activities relating to
the preservation and use of archival resources of the Marshall
Islands and other archival resources relating to the Marshall
Islands.
(2) Nothing in this Part derogates from the powers and functions of any
institution in the Marshall Islands in relation to the keeping of current
Marshall Islands records. [P.L. 1989-47, §6.]
§107. Powers of the Archivist.
(1) The Archivist shall have charge of the National Archives and of
archives deposited therein and in addition to the specific functions
conferred or imposed on him by this Chapter, he shall take all such
measures as are necessary for the conservation of Archives.
(2) The Archivist, or any other officer of the National Archives
authorized by him, shall have the power to do all such things as
appear to him to be necessary or expedient for the purpose of the
efficient administration of this Chapter and may, in particular:
(a) establish and control repositories or other facilities to house or
exhibit material of the Archives;
(b) undertake the survey, appraisal, accessioning, arrangement,
description and indexing of records;
(c) make available and publish lists, indices, guides, inventories,
calendars, texts, translations and such other things as may be
necessary as aids to the archives in his custody;
(d) provide for the restoration and conservation of archives in a
suitable manner and make photographic reproductions or
make copies, by microfilming or otherwise, of archives;
(e) produce or cause to be produced any archives open to public
inspection;
(f) arrange for the publication or sale of material forming part of
the archival resources of the Marshall Islands or works based
on such material including replicas and copies;
(g) examine any record or any other manuscript or document
containing references to the Marshall Islands or which had its
origin in the Marshall Islands with a view to securing either on
loan or by purchase, the original or any copy thereof;
(h) acquire by purchase, donation, bequest, contract, or otherwise
or take on loan, any record, manuscript or document or any
other material which, in his opinion, should be deposited in
the National Archives for permanent preservation;
(i) examine any collection of records or printed material in
private possession for purposes of listing and recording and
render such technical aid or assistance as may be necessary for
the conservation and preservation of such records and printed
material;
(j) train, or assist in the training of persons, for work in
connection with records and other archival material; and
(k) hold public exhibitions or expositions of any class or
description of archives, private documents, manuscripts or
printed material deposited in the National Archives.[P.L. 1989-47, §7.]
§108. Selection and transfer of public records.
(1) The Archivist shall have access to any place of deposit of public
records and shall have the power to examine such records with a
view to listing and collecting information therefrom or to rake such
steps as are necessary for their transfer to the National Archives for
permanent preservation.
(2) It shall be the duty of the head of any public office or any other
person for the time being having custody of public records:
(a) to afford the Archivist or any officer authorized by him in
writing, all facilities for the examination and selection of such
public records for permanent preservation and for the transfer
of such records to the National Archives;
(b) to keep in safe custody in such office any class or description
of public records selected by the Archivist or by any such other
officer pending the transfer of such record to the National
Archives; and
(c) to perform such duties in connection with the selection and
listing of such public records in his custody for transfer to the
National Archives as may be required by the Archivist.[P.L. 1989-47, §8.]
PART IV - CUSTODY AND PRESERVATION OF ARCHIVES
§109. Deposit of public records.
(1) All public records of the age of twenty five (25) years or over, other
than those which under any enactment are required to be held in
custody of a specified person or public office, which in the opinion of
the Archivist are of sufficient value to warrant their preservation,
shall be transferred to the custody of the Archivist and be deposited
in the National Archives; provided, however, that the transfer of any
public records to the National Archives may be temporarily deferred
and such records retained in the office of origin for administrative
and other purposes for such period as may be agreed upon by the
head of such public office and the Archivist, and in every such case a
list of the records so retained shall be transmitted to the Archivist by
the head of such office.
(2) Where the head of the office responsible for transferring any public
records is of the opinion that such records are of a confidential or
secret nature or contain information, the release of which may
adversely affect the security of the Republic of the Marshall Islands,
he may specify the conditions subject to which such records are kept
in the National Archives or defer for such period as he may decide. It
shall be the duty of the Archivist to comply with such conditions.[P.L. 1989-47, §9.]
§110. Documents relating to any public office to be closed down.
Where any public office is due to be closed down or wound up, the head of
such public office shall transmit to the Archivist a complete list of all public
records in that office and shall make arrangements to deposit in the
National Archives such records as the Archivist may select or require for
permanent preservation in the National Archives. [P.L. 1989-47, §10.]
§111. Records of Commissions, etc.
It shall be the duty of the Secretary of any Commission of Inquiry,
appointed under the Commissions of Inquiry Act 1986 (6 MIRC 3) or any
Committee of Inquiry appointed by a Minister or Government to deposit all
records relating to such Commission or Committee, as the case may be, at
the National Archives within three (3) months of the rendering of the final
report of such Commission or Committee. [P.L. 1989-47, §11.]
§112. Deposit of public records less than twenty-five years of age.
(1) The Archivist may allow the deposit in the National Archives of
public records less than twenty-five (25) years of age if he considers
that they are of sufficient value for deposit.
(2) Any deposit of public records under the provisions of Subsection (1)
of this Section may be subject to any special conditions imposed by
the head of the office making the deposit. [P.L. 1989-47, §12.]
§113. Documents in private possession.
(1) Any private individual or the head of any institution in possession of
any manuscript or document over twenty-five (25) years of age, being
a manuscript or document of historical, cultural or literary value,
may notify the Archivist of the existence of such manuscript
or document.
(2) Such individual or the head of the institution shall afford the
Archivist all facilities to, inspect such manuscript or document
(3) Such individual or the head of the institution shall if agreed upon by
the Archivist, deposit at the National Archives such manuscript or
document either on a permanent or temporary basis, and may specify
the conditions subject to which such manuscript or document shall be
made available for public inspection or extracts or copies therefrom
shall be taken for publication or any other purpose. [P.L. 1989-47, §13.]
§114. Public records not in Archives.
(1) The Archivist may, from time to time, inspect any public records that
are for the time being in the possession or under the control of any
public office and give such instructions as to their safe preservation
and such advice as to their efficient and economical administration
and management as he considers necessary.
(2) Nothing in this Section shall be deemed to authorize the Archivist to
inspect the contents of any public record:
(a) which by any written law are forbidden to be communicated
to him; or
(b) which are secret or confidential, except with the consent of the
head of the office having the custody thereof. [P.L. 1989-47, §14.]
§115. Transmission of certain copies or specimens of certain publications
to the Archivist.
(1) It shall be the duty of:
(a) the head of any public office to transmit to the Archivist a copy
of every annual report, statement of account and any other
publication issued by such office, within thirty (30) days of
such issue;
(b) the Controller of Postal Services to transmit to the Archivist a
specimen of each new postage stamp first day cover, postal or
money order form, aerogram and post card issued by the
Controller of Postal Services, within thirty (30) days of such
issue;
(c) the Secretary of Finance to transmit to the Archivist a canceled
specimen of any new currency, note, or coin of every
denomination and any specimen of any commemorative coin
issued by the Government, within thirty (30) days of such
issue;
(d) the head of any public office in custody of such document to
transmit to the Archivist a copy of every map, plan, chart or
other publication issued by the Government within thirty (30)
days of such issue;
(e) the printer and publisher of every book printed or published
in the Marshall Islands to transmit to the Archivist a copy of
such book free of charge, within one month from the first day
of delivery out of the press or first publication.
(2) For the purpose of Paragraph (e) of Subsection (1) of this Section,
“book” includes every part or division of a book, pamphlet,
periodical, newspaper, journal, magazine, review, gazette, or any
other publication available to or open to inspection by the public.[P.L. 1989-47, §15.]
PART V - MISCELLANEOUS
§116. Prohibition of export of certain documents.
(1) No person shall, except on the written authority of the Archivist,
export out of the Marshall Islands any public record, document or
manuscript or any other printed matter which is over twenty-five (25)
years old and which is of historical or cultural literary value.
(2) The Archivist may in his discretion refuse to issue written authority if
he considers that such record, document or manuscript is of such
historical, cultural or literary value that its export will not be in the
national interest.
(3) Any person aggrieved by the refusal of the Archivist to issue such
written authority may appeal to the Resource Protection Officer
against such refusal within fourteen (14) days of the communication
of such refusal. The decision of the Resource Protection Officer shall
be communicated within fourteen (14) days of such appeal, and shall
be final and conclusive. [P.L. 1989-47, §16.]
§117. Reproduction of public records.
No person shall publish or reproduce in whole or in part any of the contents
of any public record which is in the custody of the National Archives,
without the written consent of the Archivist. [P.L. 1989-47, §17.]
§118. Protection and preservation of public records.
(1) No person shall destroy or otherwise dispose of, or authorize the
destruction or disposal of any public record that is in his possession
or under his control except with the written consent of the Archivist
given in accordance with the provisions of this Chapter.
(2) No person shall deface, alter, mutilate or in any way damage any
public record except with the written consent of the Archivist.[P.L. 1989-47, §18.]
§119. Destruction of public records.
The Archivist may authorize the destruction, or destruction after the expiry
of such specified time as may be agreed between the Archivist and the head
of the public office concerned, of any specified public records or classes of
public records that:
(a) by reason of their number, kind or routine nature do not in his
opinion possess any enduring value for preservation in the
National Archives; and
(b) are not required for reference purposes in the concerned
public office after action on them is completed, or after expiry
of such particular period. [P.L. 1989-47, §19.]
§120. Deposit in the National Archives of public and private records.
All public and private records received for permanent preservation by the
Archivist shall be deposited in the repositories of the National Archives.[P.L. 1989-47, §20.]
§121. Temporary transfer of records.
Except as herein provided, public and private records deposited for
permanent preservation shall not be removed from the National Archives to
any other place for any other purpose whatsoever; provided, however,
where any public office which transmitted to the National Archives any
record, document, manuscript or other thing requires the same for
inspection by such office, such record, document, manuscript, or other thing
may be forwarded to such officer by the Archivist for inspection and return
within such period as may be specified by him. [P.L. 1989-47, §21.]
§122. Qualifications of Contractor.
Any Contractor proposing to undertake the administration of this Chapter
must, either through a business plan if an individual or bylaws if a
corporation, make such provisions as may be necessary to give effect to the
principles of this Chapter. Such provisions shall include, but are not limited
to the following:
(a) selection of public records and private documents and
manuscripts for permanent preservation;
(b) care and custody of public records in public offices and other
institutions;
(c) public access to the public archives and the terms and
conditions subject to which public archives are open to
inspection;
(d) prohibition or restriction of the disclosure of information
obtained by the public from public archives;
(e) maintenance of secrecy by officers of the National Archives in
respect of any class or description of public archives in respect
of which secrecy is required to be maintained by or under any
written law; and
(f) destruction of valueless records and documents in public
offices. [P.L. 1992-3, §2(5).]
§123. Copyright.
(1) Nothing in this Chapter shall derogate from any provision of law
relating to copyright in relation to anything contained in any public
records deposited in the archives under the provisions of this
Chapter.
(2) Where any person publishes any work containing any passage from
any public record deposited in the archives, he shall in that
publication acknowledge the source from which that passage is
taken. [P.L. 1989-47, §23.]
§124. Funding.
Funds for the administration of this Chapter shall be provided through an
appropriation to the Historic Preservation Office. [P.L. 1992-3, §2(6).]
§125. Regulations.
The Historic Preservation Office may, in accordance with the Marshall
Islands Administrative Procedure Act, promulgate regulations that will
govern the administration of this Chapter. [P.L. 1992-3, §2(7).]