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Penalty for Destruction of Historical Sites, RPPL 8-16 2010

PALAU


EIGHTH OLBIIL ERA KELULAU
RPPL NO. 8-16
First Regular Session, February 2009 (Passed as House Bill No. s-15-1, H02, S02)


AN ACT


To amend Title 19 of the Palau National Code to increase the penalties associated with the removal, theft, damage, or destruction of historical sites, tangible cultural property, and lagoon monuments, and for other related purposes.


THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:


Section 1. Legislative Findings. The Olbiil Era Kelulau finds that the historical and cultural heritage of the people of Palau constitute a precious national resource that should be preserved for the benefit of all. The Historical and Cultural Preservation Act, a thorough and workable plan for historical preservation, assists in achieving this preservation goal. The Historical and Cultural Preservation Act allows for the promulgation of a regulatory framework to assure that historical sites and historical and cultural properties located in Palau are protected from destruction from both intentional and unintentional actions.


The Palau Lagoon Monument Act also addresses historical preservation. It states that "[a]ll ships, other vessels, and aircraft, and any and all parts and contents thereof, which formerly belonged to or were part of the armed forces or commercial fleet of Spain, Germany, Japan, the United States or any other nation, which were sunk to or otherwise deposited on the bottom of the Palau Lagoon and its territorial waters, subject to applicable salvage laws, shall be and hereby are set apart as monuments which shall be collectively called the 'Palau Lagoon Monument.'"


These Acts work together to provide penalties for the damage or destruction of a historical site, tangible cultural property, or a lagoon monument. Given the importance of historical sites, cultural property, and lagoon monuments to Palau's own cultural preservation, and to the tourism and diving industries, the Olbiil Era Kelulau feels that the current penalties for the destruction or theft of historical sites or artifacts are inadequate. These sites and artifacts are priceless in terms of cultural significance and monetary value because of their irreplaceable nature. In order to demonstrate the Republic's dedication to cultural preservation and to show that Palau will not tolerate the destruction and plundering of its heritage, the Olbiil Era Kelulau finds that it is necessary to increase the penalties associated with the removal, theft, damage, or destruction of historical sites, tangible cultural property, and lagoon monuments.


Section 2. Amendments. Title 19 of the Palau National Code is hereby amended to read as follows:


". . . .

§ 103. Definitions.

. . . .

(d) "Historical site" means any location, site, structure, building, artifact, or landmark located in the Republic or its territorial waters which are of outstanding prehistoric, archaeological or cultural significance.

. . . .

(k) "Artifact" means any object of archeological or historical significance produced or shaped by human craft.

. . . .


§ 181. Penalties; damaging historical site or tangible cultural property.

(a) It shall be unlawful for any person, natural or corporate, to take, steal, appropriate, excavate, convert, sell, convey, injure, destroy, alter, or dispose of any registered historical site, any artifact from a historical site, or tangible cultural property located upon lands or in waters owned or controlled by the Republic or any of its political subdivisions without the written permission of the Chief being first obtained. It shall be unlawful for any person, natural or corporate, to take, steal, appropriate, excavate, convert, sell, convey, injure, destroy, alter, or dispose of any registered historical site, any artifact from a historical site, or tangible cultural property located upon lands or in waters owned or controlled by the Republic or any of its political subdivisions except as permitted by the Division.


(b) It shall be unlawful for any person, natural or corporate, to aid, abet, assist, or conspire to take, steal, appropriate, excavate, convert, sell, convey, injure, destroy, alter, or dispose of any registered historical site, any artifact from a historical site, or tangible cultural property located upon lands or in waters owned or controlled by the Republic or any of its political subdivisions.


(c) Any person who violates this section shall be fined not more than $5,000.00, imprisoned for a period of not more than three (3) years, or both for each separate offense. If the violator directly or indirectly has caused the loss of, or damage to, registered historical sites, artifacts of historical sites, or tangible cultural property, the violator shall be fined an additional amount determined by the court to be equivalent to the value of the lost or damaged historical site, artifacts, or tangible cultural property. Each day of continued violation of this provision shall constitute a distinct and separate offense for which the offender may be punished. Equipment used by a violator for the taking, appropriation, stealing, conversion, sale, conveyance, excavation, storage, injury, destruction, or alteration of a historical site, artifact, or tangible cultural property, or for the transportation of the violator to or from the historical site or the location of the artifact or tangible cultural property, shall be subject to immediate seizure and disposition by the Republic without compensation to its owners.


(d) Sixty percent of the amount of each fine collected pursuant to this section shall be allocated to the state government of the state in which the violation occurred that led to the imposition of the fine, and 40 percent of the amount of each fine shall be allocated to the national government.

. . . .


§ 306. Penalties.

Any person who, without the permission of the President, removes, converts, appropriates, damages, destroys, or conspires, aids, abets, or assists in the removal, damage, appropriation, conversion, or destruction of the aforesaid ships, other vessels or aircraft, or any or all parts, artifacts, and contents thereof, or who violates any rule or regulation issued pursuant to this chapter, shall, upon conviction, be fined not more than $5,000.00, imprisoned for a period of not more than three (3) years, or both. Sixty percent of the amount of each fine collected pursuant to this section shall be allocated to the state government of the state in which the violation occurred that led to the imposition of the fine, and 40 percent of the amount of each fine shall be allocated to the national government.


Section 3. Effective Date. This Act shall take effect upon its approval by the President of the Republic of Palau or upon its becoming law without such approval, except as otherwise provided by law.


PASSED: July 24, 2010
Approved this 1st day of August , 2010.
/s/
Johnson Toribiong
President
Republic of Palau


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