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Immigration and Emigration Act 1986 - Immigration and Emigration Regulations 1987

REPUBLIC OF THE MARSHALL ISLANDS


IMMIGRATION AND EMIGRATION ACT 1986


REGULATIONS


1. These regulations may be cited as Immigration and Emigration Regulations of 1987 and are made under the authority of the Immigration and Emigration Act 1986 (P.L. 1986-16).


Order under Section 3 read with Section 54 of the Act


2. Every person who is a citizen or national of the United State of America shall be exempted from the requirement of a visa, subject however, to such terms, conditions and restrictions that nay be imposed by the Controller from time to time and subject to the rest of the provisions of the Act and the Regulations.


3. (1) Every person who for any period is duly accredited to the Republic by the Government of any other country or is sent to the Republic on a special mission by the Government of any other country shall during such period, be exempted from the operation of Parts III, IV, V, VI and VII of this Act, if he possesses, a valid passport or document of identity.


(2) The wife and every dependent child of any person referred to in sub-paragraph (1) of this paragraph shall be exempted from the operation of the provisions referred to it that sub-paragraph during such person's service with the Government of the Marshall Islands, if the wife and each such child possesses a valid passport.


4. Every person who is a member of the official staff or household of any person who is directly accredited to the Government of the Marshall Islands by the Government of any other country, or of any person sent to the Marshall Islands on a special mission by the Government of any other country, shall be exempt during that period from the operation of Parts III, IV, V, VI and VII of this Act, if he possess documents of identity issued to him by the Government of such country.


* As amended by Resolution No. 102 adopted by the Nitijela on 11 August 1987.


5. Every person who is a member of the crew of a ship in the territorial waters of the Marshall Islands shall be exempt, subject to such terms and conditions as may be specified by the controller, from the operation of Parts III and VII of this Act while he holds a valid document of identity.


6. An authorized officer on board a ship may, subject to such terms and conditions as may be specified by notice issued by the Controller, exempt any person who being a passenger on board a ship, desires to enter Marshall Islands and to remain therein for the duration of the stay of that ship in the Marshall Islands, from the requirement of having the endorsement referred to in Section 11 or Section 14 of the Act; and accordingly every such person may, without such endorsement, eneter Marshall Islands and remain in Marshall Islands for so long and so long only as that ship is in the Marshall Islands.


7. A notice issued by the Controller under paragraph 6 may be either a special notice in respect of any person or group of persons, or a general notice applicable to any class or description of persons, being in either case persons referred to in that paragraph.


8. Every person who, by virtue of the operation of the provisions of paragraph 6, enters. Marshall Islands without the endorsement referred to in that paragraph shall, during, his stay in the Marshall Islands, comply with the terms and conditions of any notice issued by the Controller under that paragraph and applicable in the case of such person.


9. No person who, by virtue of the operation of the provisions of paragraph 6, enters Marshall Islands without endorsement referred to in that after the exempted period authorized in that behalf under the paragraph.


Order under Section 4 of the Act


10. By virtue of the powers vested in me by Section 4 of the Immigration and Emigration Act 1986, I, Charles Domnick, Minister of Foreign Affairs, do by this order declare, the places is the Republic of the Marshall Islands specified in the Schedule hereto to be approved ports of entry and departure for the purposes of that Act.


On this 12th day of January 1987

/s/ Charles T. Dommick

Charles T. Domnick

Minister of Foreign Affairs


Schedule


1. The Sea port of Majuro (old dock and new dock)


2. The Sea port of Ebeye


3. The Airport of Majuro


4. The Airport of Kwajalein


Regulations under Section 24 of the Act


Part III of the Act – VISAS.


11. Every person to whom Section 11 of the Act applies and who desires to enter the Marshall Islands is hereby, in terms of paragraph (b) of that section, required to have in possession a visa.


12. Exemption from the provisions of Section 11 of the Act may be granted to -


(a) any person to whom an identity certificate is issued under paragraph 49, if such identity certificate bears an endorsement authorizing his entry into the Marshall Islands; or


(b) any person under sixteen years of age if the particulars relating to the name, date of birth and sex of such person are entered in a valid passport of the parent accompanying such person and if such parent is in possession of a visa except where such parent has been exempted from the requirement of having a visa.


(2) Exemption from the requirement of having a visa for entering the Marshall Islands may be granted to -


(a) any person who is a bona fide tourist, if such person is in possession of a valid passport and, where so required by the law of the country to which he is ultimately bound, a visa authorizing his entry into that country, or


(b) any person who, being a passenger on board a ship, desires to enter Marshall Islands and remain in the Marshall Islands for the duration of the stay of that ship in an approved port, if such person is in possession of a valid passport and, where so required by the law of the country to which he is ultimately bound, a visa authorizing his entry into that country.


13. Visas issued under these regulations shall be of the following classes –


(a) Residence Visas


(b) Visit Visas


(c) Transit Visas


(d) Student Visas


14. Any one of the following persons shall be a prescribed authority for the purpose of granting, issuing or extending visas:-


(a) the Controller of Immigration and Emigration


(b) a Deputy Controller of Immigration and Emigration.


(c) an Assistant Controller of Immigration and Emigration.


(d) a person accredited by the Government of the Marshall Islands to the Government of any other country.


(e) a passport or visa officer of the Government of the United States authorized by the Government of the Marshall Islands.


15. Every application for a visa shall be made to the prescribed authority in the form 8616 set out in Schedule I hereto, as my be appropriate to the case, and shall contain all the particulars required to be entered therein.


16. A parent or duly appointed guardian may make an application for a visa on behalf of a child or dependent under sixteen years of age.


17. (1) Where an application is made for a visa in respect of any person, the prescribed authority shall require a person applying for the same to furnish such number of copies of the photograph or of the finger-prints or of both, as he may specify of the person in respect of whom the application is made.


(2) Every copy of a photograph or of the finger-prints furnished under sub-paragraph (1) of this regulation, shall be authenticated in such manner as prescribed authority may require.


18. The prescribed authority may require any person to whom a visa has been issued or who has made an application for the grant, issue or extension of a visa to furnish such information, or to produce such documents, as the prescribed authority may consider relevant to the grant, issue or extension of that visa.


19. (1)The prescribed authority may grant or issue a visa to any person -


(a) if such authority is satisfied that such person is of good character;


(b) if such authority approves the purpose for which such person is entering the Marshall Islands;


(c) if such person is the holder of a valid passport which provides for his entry into the Marshall Islands; and


(d) if such authority is satisfied that such person has adequate funds for his maintenance in the Marshall Islands and for the payment of his return passage to the country which issued his passport.


(2) The prescribed authority may, in addition to the conditions specified in sub-paragraph (1) for the grant or issue of a visa, as a condition precedent to its grant or issue, require the applicant for a visa or a person on his behalf approved by such prescribed authority, to furnish security -


(a) by the deposit with the prescribed authority of such sum of money as the prescribed authority may determine, or


(b) by the execution of a bond for the payment of such sum of money as the prescribed authority may determine.


(3) Where there is a contravention or non-fulfillment of any term or condition in any visa granted or issued to any person in relation to whom security has been furnished under the provisions of sub-paragraph (2), the whole or part of any, such security shall be forfeited to the Republic of Marshall Islands.


20. 1t shall be lawful for the prescribed authority to forfeit the whole or part of any security furnished by any person for the grant of any visa if there has been any contravention or non-fulfillment of any term or condition: -


(a) in such visa, or


(b) in the bond executed for the purpose of furnishing such security.


21. No visa to enter the Marshall Islands shall be granted or issued to any person referred to in Section 12(2) of the Act, except where such person is dangerously ill and is need of immediate medical attention.


22. (1) The fees payable in respect of visas shall be as follows :-


(a) for the grant or issue of a residence visa -


- $100.00 for each period of twelve months or part thereof.


(b) for the grant or issue of a Visit Visa -


(c) for the grant or issue of a Transit Visa - 0 -


(d) for the grant or issue of a Student Visa - 0 -


Provided, however, that no fee shall be payable for the grant or issue of a visa to any person who -


(a) is the holder of a diplomatic of official passport; or


(b) is the holder of a valid diplomatic or official endorsement on his passport.


(2) Notwithstanding anything to the contrary in sub-paragraph (1)


(a) a national of a country (other than the Marshall Islands) may be required to pay for a visit visa or transit visa, a sum not exceeding the amount that a citizen of the Marshall Islands would be liable to pay for a visa for that country; and


(b) where a visit visa or transit visa is granted or issued to any person by the representative of another Government on behalf of the Government of the Marshall Islands such person may be required to pay for that visa any sum fixed between the two Governments.


23. A residence visa may, be granted or issued to any person for a single journey or for several journeys.


24. A visit visa may be granted or issued to any person for such period not exceeding six months as may be specified in such visa.


25. A transit visa may be .granted or be issued for a period which shall not exceed one month as may be specified in such visa to a person traveling through the Marshall Islands.


26. Every visa granted or issued to any person under these regulations shall be so granted or issued that such visa shall expire on a date which is at least two months before the date of expiration of the passport held by such person.


27. Where the law of-any country of which a person is ultimately bound requires that person to have in his possession a visa authorizing his entry into that country, no transit visa shall be granted or issued to such person unless he has in his possession a visa as required by the law of that country.


28. (1) Every residence visa shall be substantially in form 8616AR or form 8616AL set out in Schedule I hereto, as may be appropriate.


(2) Every visit visa shall be substantially in from 8616V set out in Schedule I.


(3) Every transit visa shall be substantially in form 8616T set out in Schedule I.


(4)Every student visa shall be substantially in form 8616S set out in Schedule I.


29. (1) It shall be a condition of every visa that the prescribed authority may, in his absolute discretion cancel, vary or amend such visa or any tern or condition specified therein.


(2)Where the prescribed authority cancels, varies or amends any visa, he shall cause notice of the cancellation, variation or amendment, as the case may be, to be served on the holder of that visa.


30. It shall be a condition of every visa that the holder thereof shall produce, or cause to be produced, his passport and visa for inspection whenever required to do so by the prescribed authority or an authorized officer.


31. It shall be a condition, of every residence, visa that the prescribed authority may provide -


(a) that the holder thereof shall not engage in any employment, whether paid or unpaid, or in any trade or business, during his stay in the Republic; or


(b) that the holder thereof shall not engage in any employment, trade or business other than that specified in the visa, without the express written permission of the prescribed authority.


32. It shall be a condition of every visit visa and transit visa that the holder thereof shall not engage in any employment, whether paid or unpaid, or in any trade or business, during the period of his stay in the Republic.


33. Every residence visa shall cease to be valid -


(a) on the expiration of the period for which such visa was granted or issued; or


(b) on the cessation of the purposes for which such visa was granted or issued; or


(c) on the cessation of any term or condition subject to which such visa was granted or issued; or


(d) on the non-fulfillment or violation of any term or condition subject to which such visa was issued.


34. A residence visa granted or issued to a child shall cease to be valid after that child attains the age of sixteen years:


Provided, however, that where the prescribed authority, upon application made in that behalf, extends the period of such visa, the visa shall continue to be valid for the period for which it is extended.


35. Where a residence visa issued to any person has ceased to be valid, any visa granted or issued to the spouse, or a dependent, of that person solely on the ground that that person is the holder of a residence visa shall cease to be valid.


ENDORSEMENTS UNDER PART III OF THE ACT


36. Every endorsement under Part III of the Act shall be substantially in the forms 8616 E and 8616 EV set out in Schedule I hereto, as may be appropriate to the case.


37. Where an authorized officer requires under Section 14(3) of the Act that security be furnished as a condition precedent to the grant of an endorsement to a passport holder, such security shall be furnished by the deposit of such amount, not exceeding five hundred dollars, as the officer may determine, or by the execution of a bond for the payment of such amount.


38. An authorized officer may grant an endorsement to the holder of a passport on the condition that such holder will report to the Controller within the period specified in that endorsement.


39. No endorsement shall be granted to any person referred to in Section 12(2) of this Act, except where such person is dangerously ill and is in need of immediate medical attention.


40. The Controller of Immigration may in the case of any endorsement granted under that Act -


(a) extend or restrict the period for which such, endorsement is granted; or


(b) cancel, vary or amend any term or condition subject to which such endorsement is granted.


41. It shall be a condition of every endorsement that the person to whom it is granted shall not engage in any employment, whether paid or unpaid, or in any business or trade, during the period of his stay in the Marshall Islands unless he is authorized so to do by the visa granted or issued to him by the prescribed authority.


42. No endorsement shall be granted to a person for any period exceeding six months from the date of its issue except in a case where the visa granted or issued to him authorizes his stay in the Marshall Islands for any longer period.


43. Every endorsement granted to any person under these regulations shall be so granted that such endorsement shall expire on a date which is at least two months before the expiry of the passport held by such person:


Provided, however, that an endorsement may, in such circumstances as the authorized officer who issues the endorsement may deem exceptional, be so granted that such endorsement will expire on a date which is not later than the date of expiry of the passport held by the person to who such endorsement is granted.


44. Every extension of an endorsement shall be substantially in Form 8616 E set out in Schedule I hereto.


Order under Section 26 of the Act


45. (1) Every alien who -


(a) enters Marshall Islands intending to remain therein for a period of one month or longer, or


(b) is in the marshal Islands one month after the date of his arrival therein,


shall furnish forthwith to the Controller a return substantially in the Form 8616 CE set out in Schedule I hereto.


(2) An alien who does not intend to remain in the Marshall Islands for a period exceeding one month shall, if go required by the Controller, furnish forthwith to him the return referred to in sub-paragraph (1).


46. Every alien who has furnished a return under paragraph 48 shall -


(a) supply the Controller with particulars of any circumstances affecting the accuracy of any matters specified in the return furnished under that paragraph within seven days of the occurrence of such circumstances;


(b) if he changes his residence in the Marshall Islands and intends to stay for more than one month at the new residence, seven days before every such change of residence and give his new address;


(c) if he changes his residence in the Marshall Islands and has stayed more than one month away from his former residence, forthwith at the end of such month notify the Controller in writing of such change of residence and give his new address;


(d) if he remains in the Marshall Islands for a period exceeding three months, obtain from the Controller a registration certificate which is substantially in the Form 8616 AR set out in Schedule I hereto;


(e) produce the certificate of registration referred to in clause (d) for alteration by the Controller within seven days of the occurrence for any circumstances affecting the accuracy of particulars specified in that certificate.


(f) produce the certificate for registration referred to in clause (d) if called upon so to do by the Controller, any authorized officer or any police officer; and


(g) at least seven days before his departure from the Marshall Islands notify the Controller in writing of the probable date and mode of his departure, the port from which he intends to leave and the name, description or other designation of the ship or aircraft by which he intends to travel.


47. Every alien shall, if so required by the Controller or any officer specially authorized by the Controller in that behalf or any police officer -


(a) appear before the Controller or such authorized officer, or police officer and supply on or before a date specified by the Controller, or such authorized officer or police officer, such information or explanation as the Controller or such authorized officer or police officer amy require in respect of the particulars stated in the return furnished by such alien under paragraph 45; and


(b) produce before a date specified by the Controller or such authorized officer or police officer such documentary or other evidence as the Controller or such authorized officer or police officer may require for the purposes of verifying any facts or particulars in the aforesaid return.


Regulations under Section 37 of the Act


Passports, Emergency Certificates and Identity Certificates.


48. Any one of the following persons shall be a competent authority for the purposes of issuing or renewing passports: -


(a) The .Controller of Immigration and Emigration.


(b) A Deputy Controller of Immigration and Emigration.


(c) An Assistant Controller of Immigration and Emigration.


(d) A person accredited by the Government of the Marshall Islands to the Government of any other country.


49. (1) The certificate to be issued for the purposes of the proviso to Section 36 of the Act to any citizen of the Marshall Islands to whom Part VII of the Act applies, and who desires to travel to Federated States of Micronesia or Republic of Belau or United States shall be in the Form 8616 M Set out in Schedule I hereto, such certificate being hereinafter referred to as "emergency certificate".


An emergency certificate shall be issued by any of one of the following officers:-


(a) The Controller of Immigration and Emigration.


(b) A Deputy Controller of Immigration and Emigration.


(c) An Assistant Controller of Immigration and Emigration.


(d) A person accredited by the Government of the Marshall Islands to the Government of any other country.


(2) The certificate to be issued for the purposes of the proviso to Section 36 of the Act to any person whom Part VII of the Act applies and who is unable for any reason deemed sufficinet by the officer authorized to issue such certificate, to obtain a national passport within a reasonable period of time, shall be in the Form 8616 ID set out in Schedule I hereto; such certificate being hereinafter referred to as "identity" certificate".


An identity certificate shall be issued by any one of the following; officers: -


(a) The Controller of Immigration and Emigration.


(b) A Deputy Controller of Immigration and Emigration.


(c) An Assistant Controller of Immigration and Emigration.


50. Every application for a passport, for an emergency certificate and for an identity certificate shall be substantially in the Form 8616 P set out in Schedule I hereto, and shall be made to the competent authority or to the appropriate prescribed officer, as the case may be.


51. A parent or duly appointed guardian may make an application for a passport, an emergency certificate or an identity certificate on behalf of a child or dependent under sixteen years of age.


52. The competent authority or the appropriate prescribed officer, as a condition precedent to the issue or renewal of passport, emergency certificate or identity certificate, may require an applicant or to person on his behalf approved by such authority or officer to furnish security for the repayment to the Government of all expenses that may be incurred in respect of such applicant, by the deposit with such authority or officer, of money of such amount, or by the execution of a bond for the payment of money of such amount as such authority or officer may determine.


  1. (a)The President, Speaker of the Nitijela, Ministers of the Cabinet and all personnel accredited by the Government of the Republic of the Marshall Islands to another State, International Organization or Mission, shall be entitled to Diplomatic passports during the tenure of their office.

(b) The Judges of the Supreme Court and High Court, Senators, Chief Secretary, Secretaries of Ministries and such other officers as determined by the Controller shall be entitled to, Official passports for official travel.


54. The Minister may, by order made under Section 3(2) of the Act, exempt from the requirement of having a passport for leaving the Marshall Islands any person under sixteen years of age if the particulars relating to the name, date of birth, sex of such person are entered in a valid passport of the parent accompanying such person.


55. Where the Minister has issued a special direction to the effect that no passport, emergency certificate or identity certificate shall be issued in respect of any person, the competent authority, or the appropriate prescribed officer, as the case may be, shall refuse to issue a passport, or an emergency certificate or, any identity certificate in respect of that person.


56. The competent authority or the appropriate prescribed officer may -


(a) endorse any passport, emergency certificate or identity certificate, as the case may be, so as to make it valid for travel to any country or countries not a1ready mentioned therein; or


(b) cancel any endorsement in any passport, emergency certificate or identity certificate, as the case may be, so as to make it invalid for travel to any country or countries already mentioned therein.


57. (1) A passport, an emergency certificate or an identity certificate shall be valid for travel only to the countries for which it is endorsed.


(2) No holder of a Marshall Islands passport, an emergency certificate or identity certificate shall travel to any country other than the country for which such passport, emergency certificate or identity certificate has been endorsed.


58. Every passport shall be valid for such period not exceeding five years from the date of its issue, as maybe specified in the passport by the competent authority


Provided, however, that such authority may renew such passport for a further period not exceeding five years from the date of expiration of the passport.


59. Every emergency certificate or identity certificate shall be valid for such period not exceeding six months from the date of its issue, as may be specified in such certificate by the appropriate prescribed officer. The identity certificate shall be valid only for a single, journey.


Provided, however, that the appropriate prescribed officer may renew such certificate for a further period not exceeding six months from the date of expiry of such certificate.


60. Every application for the renewal or alteration of a passport, emergency certificate or identity certificate shall be substantially, in the Form 8616 P set out in Schedule I hereto and shall be made to the competent authority or the appropriate prescribed officer, as the case may be.


61. Where an application is made under paragraph 60, the applicant shall furnish the competent authority or the appropriate prescribed officer, as the case may be, with such particulars or documents, as be may require in connection therewith.


62. A passport, or an emergency certificate may be issued for a single journey or a specified number of journeys. Where the number of journeys is not specified in any passport or emergency certificate, such passport or certificate shall be valid for any number of journeys during its period of validity.


63. (1) It shall be a condition of every passport, emergency certificate or identity certificate that the competent authority or the prescribed officer, as the case maybe, may in his absolute discretion -


(a) cancel or suspend the passport, emergency certificate or identity certificate; or


(b) restrict its period of validity.


(2) When the competent authority or the appropriate prescribed officer cancels or suspends any passport, emergency certificate or identity certificate, as the case may be, such authority or officer shall cause notice of the cancellation or suspension to be served on the holder of that passport, emergency certificate or identity certificate.


(3) Upon service of a notice under sub-paragraph (2), the holder of the passport, emergency certificate or identity certificate in respect of which the notice was served, shall surrender the passport, emergency certificate or identity certificate to the competent authority or the appropriate prescribed officer, as the case may be, by whom the notice was caused to be served.


64. A new passport, emergency certificate of identity certificate may, upon application made in that behalf, be issued by the competent authority or the appropriate prescribed officer, as the case may be, to any person -


(a) if his previous passport has ceased to be valid upon the termination of ten years from the date of its issue or if his emergency or, identity certificate has cease to be valid upon the termination of four years form the date of its issue;


(b) if his previous passport, emergency certificate or identity certificate has been lost or damaged so as to render it unusable; or


(c) if all the pages of his previous passport, emergency certificate or identity certificate have been exhausted.


65. The fees specified in column II of the Schedule II hereto shall be charged in respect of the matters relating to passports, emergency certificate or identity certificates respectively, specified in the corresponding entries in column I of that schedule.


66. For the purposes of paragraphs 50, 52, 55, 56, 59, 60, 61, 63, and 64, the expression "prescribed officer" means any person prescribed by regulation 49 to be prescribed officer.


67. (1) Subject to the provisions hereinafter contained, no person shall depart from or enter the Republic by sea or air unless he is in possession of a valid passport.


(2) A passport shall not be deemed to be valid for the purposes of paragraph (1) unless -


(a) such passport has be issued or renewed - (i) in the case of any person who is a subject or citizen of any State by or on behalf of the Government of that State and (ii) in the case of a refugee or any person who is not a subject or citizen of any State, by or on behalf of the Government of the State in which such person has found asylum or is permanently resident;


(b) at the time of departure from or entry into the Republic of the holder of the passport, such passport is within the period of its validity;


(c) such passport contains a description of the person to whom it relates and has affixed to it a photograph of such person duly authenticated by a competent authority.


68. The following persons and classes of persons shall be exempted from the provisions of paragraph 67: -


(a) any person who is in the opinion of a competent authority in the Marshall Islands less than 16 years of age, and is traveling with his parent or guardian;


(b) any member of U.S. Naval, Military or Air Forces entering the Republic on active duty;


(c) a member of the crew of any vessel who has been lawfully engaged in the Republic for an oversea voyage;


69. When it appears to a competent authority inadvisable to issue or renew a passport, such authority may, in his discretion, issue an emergency certificate in place of a passport. Such emergency certificate shall be valid for a single specified journey to or from the Marshall Islands and shall be subject to such other conditions as such authority may, in his discretion, specify therein. Such emergency certificate shall for the purposes of these regulations, be deemed to be a passport for the specified journey.


70. A passport shall be valid only for the countries named thereon, but may be endorsed by a competent authority for additional countries. The possession of a passport shall not exempt the holder of the passport from compliance with any provisions relating to immigration in force in any country named or endorsed thereon, or from the necessity of obtaining a visa where such visa is required by the law of any such country.


DEPARTURE OF PERSONS FROM MARSHALL ISLANDS


71. Every person leaving the Marshall Islands shall produce his passport, emergency certificate or identity certificate before an authorized officer for the purpose of having it stamped by such officer.


GENERAL


72. The Controller, Deputy Controller and every Assistant Controller of Immigration and Emigration shall, for the purposes of the Act, have the power to administer oaths.


73. It shall be lawful for any of the persons authorized by these regulations to grant or issue visas, to cause finger-prints to be taken from any person who is not, a citizen of Marshall Islands on the entry into, or departure from the marshal Islands of each person.


74. (1) The master of a ship which enters the Marshall Islands shall, without delay furnish the Controller of Immigration and Emigration or an authorized officer with -


(a) a list of passengers, stowaways and deportees on board that ship;


(b) a list of the officers, seamen and other persons employed on that ship;


(c) a list of all passengers, leaving the ship at Marshall Islands; and


(d) a list of all passengers leaving Marshall Islands in that ship; and


(e) the embarkation and disembarkation cards relating to the passengers and stowaways on board, completed by such persons at the request of the master.


(f) the lists and cards referred to in paragraph (1) shall be substantially in the forms 8616 EV, 8611, EV-Manifest and 8616 E respectively set out in Schedule I hereto.


75. If the master of a ship discovers that a stowaway has disembarked from the ship at Marshall Islands without his permission, he shall, without delay, report the fact to the Controller, Deputy Controller or Assistant Controller of Immigration and Emigration.


76. The list referred to Section 44(2) of the Act shall be substantially in the Form 8616 EV-Manifest set out in Schedule I hereto.


77. The prescribed officer for the purposes of Section 29 of the Act shall be any one of the following:-


(a) An authorized officer.


(b) A police officer not below the rank of Police Sergeant.


78. Any notice required by these regulations to be served on any person shall be deemed to have been duly served on that person if such notice is forwarded by post by registered letter to the address furnished by that person.


OFFENCES


79. No person shall -


(1) forge, alter, or tamper with any passport, Emergency certificate of Identity certificate whether issued in the Marshall Islands or elsewhere, or any visa or endorsement thereon; or


(2) without lawful authority use or have in his possession any forged, altered on irregular passport, Emergency Certificate, or identity certificate or any passport Emergency certificate, or identity certificate with any forged, altered or irregular, visa or endorsement; or


(3) falsely represent himself to be or not to be a person to whom a passport, emergency certificate or identity certificate has been duly issued, whether in the Marshall Islands or elsewhere; or


(4) with intent to obtain a passport emergency certificate or identity certificate or any visa or endorsement thereon, knowingly make any false statement.


(5) allow any other person to use any passport emergency certificate or identity certificate issued for his use alone, or without lawful authority have in his possession any passport emergency certificate or identity certificate issued for the use of some person other than himself.


80. Any person who contravenes or attempts to contravene any of the foregoing regulations or any order issued under the authority of any regulation shall be guilty of an offence and shall after conviction be liable to imprisonment for a term not exceeding six months or with fine not exceeding one thousand dollars ($1,000) or with both.


INTERPRETATION


81. In these regulations, unless the content otherwise requires -


"Act" means the Immigration and Emigration Act 1986.


"alien" means any person who is not a citizen of the Marshall Islands.


"approved port" means any place in the Marshall Islands declared by order under Section 4 of the Act to be an approved port of entry or approved port of departure for the purposes of the Act;


"authorized officer" means any person appointed under Section 5 of the Act to be or to act as an authorized officer;


"competent authority" means any one of the persons specified in Regulation 48 to be a competent authority for the purposes of issuing or renewing passports; and


"controller" has the same meaning as in the Act.


"prescribed authority" means any one of the persons specified is Regulation 14 for the purpose of granting, issuing or extending visas.


On this 12th day of January 1987

/s/ Charles T Domnick

Charles Domnick

Minister of Foreign Affairs


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