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Postal Service Act 1983 [38 MIRC Ch 1]

38 MIRC Ch 1

MARSHALL ISLANDS REVISED CODE 2004

TITLE 38 – POSTAL SERVICE

CHAPTER 1.

MARSHALL ISLANDS POSTAL SERVICE

ARRANGEMENT OF SECTIONS

Section

PART I – PRELIMINARY

§101. Short title.
§102. Interpretation.
§103. References to Postal Agreements, etc.

PART II - ADMINISTRATION

§104. Administration of this Act.
§105. The Controller.
§106. The Postal Service.

PART III - GENERAL PROVISIONS

§107. Exclusive privilege over the mail.
§108. General powers of the Minister.
§109. Overseas mail.

PART IV - STAMPS AND POSTAGE CHARGES

§110. Postage stamps.
§111. Rates of postage.
§112. Under stamped postal articles.

PART V - REGISTRATION AND COMPENSATION

§113. Registration.
§114. Compensation for loss or damage.
§115. Insurance of postal articles.

PART VI - MONEY ORDERS

§116. Provisions for money orders.
§117. Exemption from liability with respect to money orders.

PART VII - CARRIAGE OF MAIL

§118. Mail contracts.
§119. Carriage of overseas mail.
§120. Delivery of mailbags from overseas to postmaster.
§121. Carriage of internal mail.

PART VIII - PROHIBITED ARTICLES

§122. Dangerous articles.
§123. Controlled substances.

§124. Other prohibited articles.
§125. Dealing with prohibited articles.

PART IX - OFFENSES AND PENALTIES

§126. Infringement of exclusive privilege.
§127. Failing to receive mail for carriage.
§128. Failing to deliver overseas mail.
§129. Prohibited articles.
§130.Taking or opening mailbag or postal article.
§131. Detention of mailbag or postal article.
§132. Falsely inducing delivery.
§133. Maliciously opening postal articles.
§134. Imitation of stamps and marks.
§135. Obstructing the mail.
§136. Damage, etc, to mailboxes.

§137. Offenses by postal officers.
§138. Failure to comply with this Act, generally.

PART X – MISCELLANEOUS

§139. Evidence.
§140. Regulations.

PART XI- TRANSITIONAL PROVISIONS

§141. Compliance with Universal Postal Union.
§142. Effect of Postal Agreements.
§143. Status of the U S military postal system.

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An Act to establish a Marshall Islands Postal Service, and for related matters, and to provide for the implementation of certain Postal Agreements.
[Section numbering style modified to conform to format of the Code (Rev2003)]

Commencement: October 7, 1983
Source: P.L. 1983-32
P.L. 1985-3

PART I – PRELIMINARY

§101. Short title. This Act may be cited as the 'Postal Service Act 1983'. [P.L. 1983-32, §1.]

§102. Interpretation.

In this Act:

(a) 'Controller of Postal Service' means the Controller of Postal Services provided for by Section 105 of this Act;

(b) 'letter' includes a postcard, aerogram, air letter or letter card;

(c) 'mail bag' includes any form of container or covering in which postal articles in the course of transmission by post are conveyed, whether or not it contains any such article;

(d) 'Minister' means Minister of Finance;

(e) 'postal article' includes a letter, packet or parcel, and any other article transmissible by mail, and includes a telegram being carried by mail;

(f) 'postal authority' includes any duly constituted postal authority recognized by the Universal Postal Union;

(g) 'postal officer' includes the Controller of Postal Services and any personemployed in the operation of the Postal Service;

(h) 'Postal Service' means the Marshall Islands Postal Service established by this Act;

(i) 'postmaster' means the officer in charge of a post office;

(j) 'post office' includes:

(i) any place where postal articles are received, sorted or delivered;

(ii) any place used for postal purposes; and

(iii) any official mailbox or other receptacle provided by or with the approval of the Minister for the reception of postal articles for transmission by mail.

(2) For the purposes of this Act:

(a) a postal article shall be deemed to be in the course of transmission by mail from the time when it is delivered to a post office to the time when it is delivered to the person to whom it is addressed;

(b) the delivery of a postal article of any description to a mailman or other person authorized to receive postal articles of that description for the mail shall be deemed to be a delivery to a post office; and

(c) the delivery of a postal article to the person to whom it is addressed, to his agent or servant, or other person with apparent authority to receive it, at his house or office, or into his private box or mailbox, according to the usual manner of delivery of his mail, shall be deemed to be delivery to the person to whom it is addressed. [P.L. 1983-32, §2]

§103. References to Postal Agreements, etc.

The inclusion in any provision of this Act of any reference to

(a) the effect of Section 142 of this Act;

(b) any Postal Agreement referred to in that Section;

(c) any treaty, convention, law, regulation or procedure referred to in Section 142(2) of this Act; or

(d) any regulations made for the purpose of Section 140(3) of this Act, does not imply that Section, or as the case may be, does not apply in relation to other provisions of this Act, and Section 142 of this Act shall be taken as governing. [P.L. 1983-32, §3.]

PART II- ADMINISTRATION

§104. Administration of this Act.

The Controller of Postal Service is responsible to the Minister for the administration of this Act and the proper management of the Postal Service. [P.L. 1983-32, §4.]

§105. The Controller.

(1) There shall be a Controller of Postal Service.

(2) The Controller of Postal Service shall be either:

(a) the occupant of an office in the Public Service with that designation; or

(b) in the absence of such an office a member of the Department specified by the Minister, by written notice.

(3) A notice under Subsection (2)(b) of this Section shall be published in the Government Gazette. [P.L. 1983-32, §5.]

§106. The Postal Service.

(1) For the purposes of this Act, a Marshall Islands Postal Service is hereby established.

(2) The Controller of Postal Service is the head of the Postal Service.

(3) The Controller of Postal Service shall appoint the members of the Postal Service, or persons to receive, transmit, or deliver mail, on behalf of the Postal Service upon such terms and conditions as may be determined by him by regulation.

(4) The members and other persons employed by the Postal Service shall be paid such compensation and allowances as the Controller of Postal Service may determine by regulation.

(5) Article VII of the Constitution of the Marshall Islands shall not apply to or in relation to the members and employees of the Postal Service.

(6) At the request of the Minister, however, the Public Service Commission may make available to the Postal Service the services of any member of the Public Service upon such terms as that Commission may determine, in which event such member of the Public Service shall continue to be subject to the disciplinary control of the Public Service Commission.

(7) Nothing in this Act prevents the Minister responsible for local government matters, at the request of the Minister, from entering into an agreement under Section 148 of the Local Government Act 1980 with a local government for the performance by officers or employees of the local government, on behalf of the Postal Service, of functions in relation to the receipt, transmission or delivery of postal articles within the local government area.

(8) In relation to the performance of functions referred to in Sub-section (1) of this Section, an officer or employee of a local government to whom that Subsection applies shall be deemed, for the purposes of this Act and of any other law relating to postal services, to be a postal officer. [P.L. 1983-32, §6; amended by P.L. 1985-3, §2, renumbering Subsections (3)-(8).]

PART III - GENERAL PROVISIONS

§107. Exclusive privilege over the mail.

(1) Subject to Subsection (2) of this Section and to Section 142 of this Act, the Government of the Marshall Islands, acting through the Postal Service, has the exclusive privilege of receiving, carrying and delivering letters and postal articles within the Republic.

(2) Subsection (1) of this Section does not apply to:

(a) a letter carried for delivery to a post office in the Republic;

(b) a letter carried by a person on a journey undertaken by him otherwise than for the delivery of that letter or any other letter, and without hire, reward or other profit or advantage for so doing;

(c) a letter solely concerning the affairs of the sender or receiver, sent by a messenger for that purpose;

(d) subject to Subsection (3) of this Section, a letter solely concerning goods sent by sea, land or air, to be delivered with the goods to which the letter relates;

(e) a letter carried by a servant of the sender or receiver, or by a special messenger employed by him; or

(f) a letter sent on the service of the Republic.

(3) A letter referred to in Subsection (2)(d) of this Section must be opened to inspection and shall have prominently displayed on it the words 'Consignee’s Letter', or words to the same effect.

(4) Except in accordance with Subsection (2) of this Section or with an agreement or arrangement made by the Minister under this Act, or a Postal Agreement referred to in Section 142 of this Act, none of the following persons, in their capacities as such, shall receive, carry or deliver any letter:

(a) A common carrier, or the servant or agent of a common carrier, except for a letter concerning goods in his vessel, vehicle or aircraft.

(b) The owner or master of a vessel, vehicle or aircraft, or the servant or agent of the owner or master, except for a letter of the owner of the vessel, vehicle or aircraft or of goods on board the vessel, vehicle or aircraft.

(c) Passengers or other persons on a vessel, vehicle or aircraft.

(d) A postal officer, except for a letter in the course of transmission by mail. [P.L. 1983-32, §7.]

§108. General powers of the Minister.

(1) While a Postal Agreement referred to in Section 142 of this Act is in effect, the powers of the Minister under this Section are subject to:

(a) the provisions of that Agreement;

(b) the provisions of any treaty, convention, law, regulation or procedure referred to in Section142(2) of this Act; and

(c) any regulation made for the purposes of Section 140(3) of this Act.

(2) Subject to this Act the Minister may make such arrangements as he thinks proper for the operation and development of postal services within the Republic, and in particular may implement the provisions of any convention or agreement of the Universal Postal Union not in conflict with the provisions of this Act or of the regulations made under Section 140 of this Act.

(3) The Minister may establish post offices at such places as he thinks proper, and may close any such post office. [P.L. 1983-32, §8.]

§109. Overseas mail.

(1) The transmission of postal articles addressed to or received from any place outside the Republic is subject to the provisions of any convention or agreement (including a Postal Agreement referred to in Section 142 of this Act) in regard to the transmission of such articles through the mails to which the Republic is a party or which is binding on the Republic.

(2) Without limiting the generality of Subsection (1) of this Section, but subject to Section 142 of this Act, as long as the Republic is a party to or is bound by the Postal Parcels Agreement of the Universal Postal Union, the transmission of postal articles between the Republic and any place outside the Republic shall be in accordance with that Agreement.

(3) If any postal article is mailed or sent by mail in contravention of this Act, any regulations made under Section 140 of this Act, or any convention or agreement (including a Postal Agreement referred to in Section 142 of this Act) to which the Republic is a party or which is binding on the Republic, transmission or carriage of the article may be refused and the article may, if necessary, be detained and opened by a postal officer.

(4) In a case to which Subsection (3) of this Section applies, the postal article may be:

(a) subject to the provisions of any convention, agreement or regulations as to additional postage or other charges, returned to the sender or forwarded to its destination; or

(b) destroyed or otherwise disposed of as the Controller of Postal Services directs.
[P.L. 1983-32, §9.]

PART IV - STAMPS AND POSTAGE CHARGES

§110. Postage stamps.

(1) The Minister may:

(a) cause to be issued postage stamps of such kinds and denominations as he considers necessary for the purposes of this Act; and

(b) declare that any postage stamps issued under Paragraph (a) of this Subsection shall cease to be valid for the purposes of this Act.

(2) The Controller of Postal Services shall, from time to time, cause notice of stamps on issue and stamps invalidated to be published in the Government Gazette. [P.L. 1983-32, §10.]

§111. Rates of postage.

(1) Subject to this Act and to the regulations made under Section 140 of this Act, there shall be paid on each postal article for transmission by mail such postage and other charges as are prescribed by these regulations.

(2) Subject to Subsection (3) of this Section, the postage and other charges shall be prepaid by means of valid postage stamps issued under this Act, not previously used, obliterated or defaced.

(3) With the approval of the Controller of Postal Services, postage may be paid at the time of mailing. [P.L. 1983-32, §11.]

§112. Under-stamped postal articles.

(1) If the full amount of postage and other charges due on a postal article is not paid in accordance with Section 111 of this Act, there is payable at the time of delivery the deficiency of postage and charges together with such fee as is prescribed for the purpose by the regulations made under Section 140 of this Act.

(2) The person to whom a postal article on which any postage, charge or fee is due (whether under Subsection (1) of this Section or imposed by another postal authority) is tendered for delivery shall pay, on his acceptance of delivery, the amount due.

(3) If a person refuses to pay any postage, charge or fee due on a postal article for delivery to him, the Controller of Postal Services or a postmaster may withhold the article (unless it is an article sent on the service of the Republic) until it is paid. [P.L. 1983-32, §12.]

PART V - REGISTRATION AND COMPENSATION

§113. Registration.

The sender of a postal article may, upon payment of the registration fee prescribed by the regulations made under Section 140 of this Act, have the package registered by, and obtain a receipt for it from, a postmaster. [P.L. 1983-32, §13.]

§114. Compensation for loss or damage.

(1) The Controller of Postal Services may pay compensation for the loss, while in custody of the Postal Service, of a registered postal article, subject to any applicable monetary limitations and other conditions prescribed by the Universal Postal Union.

(2) Subject to Section 142 of this Act, the Controller of Postal Services may pay compensation for the loss of, or for damage to the following, in accordance with the provisions of the Parcels Post Agreement of the Universal Postal Union:

(a) a postal article accepted for transmission by mail to or from the Republic; or

(b) the whole or part of the contents of any such article.

(3) Compensation is not payable if:

(a) the loss or damage was due to causes outside the control of the Postal Service and could not be avoided by the exercise of due care; or

(b) the loss or damage arose wholly or in part through the fault of the sender or receiver. [P.L. 1983-32, §14.]

§115. Insurance of postal articles.

The Minister may provide for the insurance of postal articles subject to such terms and conditions as are prescribed by the regulations made under Section 140 of this Act, and may enter into an agreement with another postal authority for the reciprocal exchange of insured postal articles. [P.L. 1983-32, §15.]

PART VI- MONEY ORDERS

§116 . Provisions for money orders.

(1) Subject to Section 142 of this Act, the regulations made under Section 140 of this Act may provide for the remittance of sums of money through the postal and telegraphic services.

(2) Subject to Section 142 of this Act, the Minister may from time to time determine at what post office money orders may be issued and paid. [P.L. 1983-32, §16.]

§117. Exemption from liability with respect to money orders.

Subject to Section 142 of this Act, the Republic is not liable for any loss caused by either of the following and no postal officer is liable for any such loss unless he caused it fraudulently:

(a) anything done in accordance with any regulations made under Section 140 of this Act for the purposes of this Part;

(b) the payment of a money order;

(c) any delay in the payment of a money order; or

(d) any other irregularity in connection with a money order. [P.L. 1983-32, §17.]

PART VII- CARRIAGE OF MAIL

§118. Mail contracts.

(1) Subject to Section 142 of this Act, the Minister may, on behalf of the Republic, enter into contracts for the conveyance by sea or air of postal articles to or from the Republic.

(2) Subject to Section 142 of this Act, the Minister may, on behalf of the Republic, enter into contracts for the carriage of postal articles by land, sea or air within the Republic, or for any other public service performed with respect to the carriage of mail. [P.L. 1983-32, §18.]

§119. Carriage of overseas mail.

(1) The master of a vessel or aircraft that is about to depart from a port or airport in the Republic for a place outside the Republic, if so required by a postal officer, or any other person authorized for the purpose by the Controller of Postal Services, shall receive mailbags on board the vessel or aircraft, and:

(a) give a receipt for them if so required by the person delivering them to the vessel or aircraft;

(b) carefully deposit and keep them in a secure and dry place on board the vessel or aircraft; and

(c) carry them on the then-intended voyage or flight.

(2) Subject to Section 142 of this Act, the master of a vessel or aircraft receiving postal articles under Subsection (1) of this Section is entitled to payment for the carriage of them at the rate prescribed by the Universal Postal Union. [P.L. 1983-32, §19.]

§120. Delivery of mailbags from overseas to postmaster, etc.

Any mailbags which, at the time of the arrival of a vessel or aircraft at any place in the Republic from any place outside the Republic, are on board the aforesaid vessel or aircraft and are addressed to that place in the Republic shall be delivered to the postmaster, a customs officer at that place, or to some other person authorized for the purpose by the Controller of Postal Services. [P.L. 1983-32, §20.]

§121. Carriage of internal mail.

(1) The Controller of Postal Services may require the master of any vessel or aircraft operating within the Republic, or the owner or driver of any vehicle carrying passengers or goods for hire or reward, to receive, carry and deliver postal articles at the places at which he calls.

(2) The compensation for any services rendered by a person under Subsection (1) of this Section shall be determined by agreement between the Controller of Postal Services and that person, or in default of agreement by the Minister. [P.L. 1983-32, §21.]

PART VIII- PROHIBITED ARTICLES

§122. Dangerous articles.

No person shall send by mail the following articles except upon such conditions as are prescribed by the regulations made under Section 140 of this Act:

(a) any explosive, inflammable, filthy, noxious or deleterious substance;

(b) any sharp instrument not properly protected; or

(c) any article or thing which is likely to cause injury or damage to any person or to other postal articles in the course of transmission by mail. [P.L. 1983-32, §22.]

§123. Controlled substances.

No person shall send by mail any narcotic drugs within the meaning of the Narcotic Drugs (Prohibition and Control) Act 1987, except as permitted by that law and any other applicable law, and by any regulations made under Section 140 of this Act. [P.L. 1983-32, §23.]

§124. Other prohibited articles.

No person shall send by mail:

(a) any indecent, obscene or seditious publication or article;

(b) any postal article having on it or on its cover any words, pictures, marks or designs of an indecent, obscene, seditious or grossly offensive character;

(c) any postal article relating to a fraudulent or immoral business; or

(d) any postal article that is, or that contains an article or thing that is, prohibited by any other law of the Republic or of the country to which the postal article is addressed. [P.L. 1983-32, §24.]

§125. Dealing with prohibited articles.

If the Controller of Postal Services or a postmaster has reason to suspect that any postal article contravenes the preceding provisions of this Part, he may cause it to be detained and opened, and if it is found to contravene those provisions, he shall cause it to be destroyed or otherwise deal with it as the Minister directs. [P.L. 1983-32, §25.]

PART IX - OFFENSES AND PENALTIES

§126. Infringement of exclusive privilege.

(1) In this Section, 'the exclusive privilege' means the exclusive privilege conferred on the Government of the Marshall Islands, acting through the Postal Service, by Section 107(1) of this Act.

(2) Any person who, without the authority of the Minister:

(a) sends, conveys or delivers otherwise than by mail a letter within the exclusive privilege;

(b) performs any service incidental to conveying otherwise than by mail any letter within the exclusive privilege;

(c) sends, or tenders or delivers to be sent, otherwise than by mail a letter within the exclusive privilege;

(d) makes a collection of letters expected from the exclusive privilege for the purpose of sending them otherwise than by mail; or

(e) carries, receives, tenders, delivers or collects letters in contravention of Section 107(4) of this Act, shall be guilty of a misdemeanor and shall upon conviction be liable to a fine not exceeding $25 with respect to each such letter. [P.L. 1983-32, §26.]

§127. Failing to receive mail for carriage.

(1) Any person who refuses or fails, without reasonable excuse, to comply with a requirement under Section 19(1) of this Act shall be guilty of a misdemeanor and shall upon conviction be liable, for each such refusal, to a fine not exceeding $1,000.

(2) Any person who refuses or fails, without reasonable excuse, to comply with a requirement under Section 121(1) of this Act shall be guilty of a misdemeanor and shall upon conviction be liable, for each such refusal, to a fine not exceeding $500. [P.L. 1983-32, §27.]

§128. Failing to deliver overseas mail.

Any person who, knowingly or negligently, detains or keeps in his possession, or who fails to deliver, any mailbag or postal article to which Section 120 of this Act applies shall be guilty of a misdemeanor and shall upon conviction be liable to a fine not exceeding $1,000. [P.L. 1983-32, §28]

§129. Prohibited articles.

Any person who contravenes or attempts to contravene Section 122,123 or 124 of this Act shall be guilty of a misdemeanor and shall upon conviction be liable to a fine not exceeding $1,000 or to a term of imprisonment not exceeding one year, or both. [P.L. 1983-32, §29.]

§130. Taking or opening mailbag or postal article.

A person who unlawfully:

(a) takes away or opens a mailbag carried by any vessel, vehicle or aircraft in pursuance of this Act; or

(b) takes a postal article in the course of transmission by mail out of any mailbag, shall be guilty of a crime and shall upon conviction be liable to a term of imprisonment not exceeding five (5) years. [P.L. 1983-32, §30.]

§131. Detention of mailbag or postal article.

A person who fraudulently retains, willfully secrets, keeps or detains, or (when required by a postal officer to do so) fails to deliver up a mailbag or postal article which is in the course of transmission by mail and which ought to have been delivered to some other person, or has been found by him or any other person, shall be guilty of a misdemeanor and shall upon conviction be liable to a fine not exceeding $500 or to a term of imprisonment not exceeding six (6) months, or both. [P.L. 1983-32, §31.]

§132. Falsely inducing delivery.

A person who, by means of a false pretense or misstatement, causes a postal officer to deliver a postal article to a person other than the person to whom it is addressed shall be guilty of a misdemeanor and shall upon conviction be liable to a fine not exceeding $500. [P.L.1983-32, §32.]

§133. Maliciously opening postal articles.

A person who, not being a postal officer, willfully and with intent to cause loss or damage to the other person or to obtain some benefit for himself, opens a postal article addressed to some other person and which is in the course of transmission by mail, or which has been transmitted by mail, shall be guilty of a misdemeanor and shall upon conviction be liable to a fine not exceeding $500. [P.L. 1983-32, §33.]

§134. Imitation of stamps and marks.

A person who, without lawful authority, makes on any envelope, wrapper, card, form or paper sent by mail:

(a) any mark in imitation of, similar to or purporting to be any stamp or mark of the Postal Service or of a post office, or of the United States Postal Service in use under a Postal Agreement referred to in Section 142 of this Act; or

(b) any words, letters or marks which suggest or imply that a postal article is sent on the service of the Republic, shall be guilty of a misdemeanor and shall upon conviction be liable to a fine not exceeding $250. [P.L. 1983-32, §34.]

§135. Obstructing the mail.

A person who willfully obstructs or retards the mail, or willfully obstructs a postal officer in the performance of his duties, shall be guilty of a misdemeanor and shall upon conviction be liable to a fine not exceeding $250. [P.L. 1983-32, §35.]

§136. Damage, etc., to mailboxes.

A person who unlawfully:

(a) places or attempts to place in or against a mailbox, letter box or other receptacle for the reception of postal articles any fire, match, explosive substance, filth or dangerous, noxious or deleterious substance;

(b) commits a nuisance in or against any such receptacle; or

(c) does or attempts to do anything likely to injure any such receptacle, shall be guilty of a misdemeanor and shall upon conviction be liable to a term of imprisonment not exceeding six (6) months. [P.L. 1983-32, §36.]

§137. Offenses by postal officers.

(1) A postal officer who grants or issues a money order with a fraudulent intent shall be guilty of a crime and shall upon conviction be liable to a term of imprisonment not exceeding five (5) years.

(2) A postal officer who, contrary to his duty:

(a) opens or tampers with any postal article in the course of transmission by mail, or procures or permits any such article to be opened or tampered with; or

(b) willfully conceals mail or detains or delays delivery of mail, shall be guilty of a misdemeanor and shall upon conviction be liable to a term of imprisonment not exceeding one year. [P.L. 1983-32, §37.]

§138. Failure to comply with this Act, generally.

If a postal officer, the master or a member of the crew of a vessel or aircraft, or any other person employed or authorized by, under or for the purposes of this Act to receive, sort, carry or deliver any mail or postal articles, contravenes or fails to comply with any provision of this Act, or of the regulations made under Section 140 of this Act, for which no other penalty is provided, he shall be guilty of a misdemeanor and shall upon conviction be liable to a fine not exceeding $250. [P.L. 1983-32, §38.]

PART X - MISCELLANEOUS

§139. Evidence.

(1) In any proceedings for an offense under this Act, evidence that any article is in the course of transmission by mail, or has been accepted by the Postal Service or a post office, is sufficient evidence that the article is a postal article.

(2) In any proceedings, a mailbag or postal article in the charge of or being carried by a postmaster or other postal officer, or any other person employed or authorized by, under or for the purposes of this Act, shall, until the contrary is proved, be deemed to be in the course of transmission by mail.

(3) Where in any proceedings for an offense in relation to a postal article in the course of transmission by mail it is necessary to aver the ownership of a postal article, it is sufficient to aver that the article is the property of the Postal Service. [P.L. 1983-32, §39.]

§140. Regulations.

(1) Subject to Subsection (3) of this Section, the Cabinet may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed by the regulations, or that are necessary or convenient to be so prescribed for carrying out or giving effect to this Act, and in particular in relation to:

(a) the receipt, dispatch, carriage and delivery of postal articles;

(b) the fees to be charged for the carriage of postal articles and for any other service provided under this Act or the regulations;

(c) the permissible dimensions and weights of postal articles;

(d) the registration of postal articles;

(e) the franking of official postal articles;

(f) the treatment of undeliverable postal articles;

(g) the conditions under which private mailboxes and private mailbags may be supplied;

(h) the supply, sale and use of postage stamps; and

(i) the operation of the money order service.

(2) The regulations may provide for penalties of imprisonment for periods not exceeding three (3) months, or fines not exceeding $250, or both, for contravention of or failures to comply with the regulations.

(3) While a Postal Agreement referred to in Section 142 of this Act is in effect:

(a) any regulations made under this Section shall not be inconsistent with that Agreement or with any treaties, conventions, laws, regulations and procedures referred to in Section 142(2) of this Act; and

(b) the regulations may provide for the adaptation of the provisions of this Act to the requirements and circumstances of that Agreement.

(4) A certificate given by or on behalf of the United States Postal Service that a regulation or proposed regulation complies with Subsection (3)(a) or (b) of this Section is conclusive as to that fact. [P. L.1983-32, §40.]

PART XI- TRANSITIONAL PROVISIONS

§141. Compliance with Universal Postal Union requirements.

Until such time as the Republic is a member of the Universal Postal Union in its own right, in the administration of this Act, all relevant requirements, conventions and agreements of the Universal Postal Union shall, subject to this Act, and in particular to Section 142 of this Act, be complied with as if they were binding on the Republic. [P.L. 1983-32, §41.]

§142. Effect of Postal Agreements.

(1) In this Section, ' Agreement' means:

(a) the Agreement Concerning Postal Services between the United States Postal Service and the Government of the Republic of the Marshall islands signed for the Government of the Republic of the Marshall islands on June 25, 1983, and for the United States Postal Service on July 14, 1983; or

(b) Article VI and related provisions of the Federal Programs and Services Agreement Concluded Pursuant to Sections 221,224,225 and 232 of the Compact of Free Association between the Government of the Republic of the Marshall Islands and the Government of the United States of America done at Majuro on June 25, 1983, and includes any agreement amending, modifying or replacing any such agreement or provided for in it.

(2) Notwithstanding anything in this Act, while any Postal Agreement is in effect, this Act is subject to the provisions of that Agreement, and compliance in any relevant respect with treaties, conventions, laws, regulations and procedures of or applicable to the United States Postal Service shall be deemed to be compliance with this Act. [P.L. 1983-32, §42.]

§143. Status of the U.S. military postal system.

Nothing in this Act affects the operations of military post offices and mail facilities operated, in accordance with applicable laws or agreements between the Republic and the Government of the United States, by or on behalf of the armed forces of the United States. [P.L 1983-32, §43.]

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