Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698136485572.pdf (Marshall Islands)
Retail Price Monitoring (Amendment) Act, 2020.

BILL No: '18ND1 P.L.2O2O- l€ lndex NITIIELA OF THE REPUBLIC OF THE MARSHALL ISTANDS 41.ST CONSTITUTION REGULAR SESSION, 2O2O Republic of the Marshall Islands lepilpilinKe Ejukaan RETAIL PRICE MONITORING (AMENDMENT) ACT, 2020.

Index Section s101.

s102.

s103.

Reoublic of the Mdrshall Islands Page 1 lndex BILL No: 1BND1 P.L.2O2O- tg Retail Price Monitoring (AmendmenQ Act, 2020.
Page2 Republicofthe & Mdrshall Islandstffi Retail Price Monitoring (Amendment) Act, 2020.

BILL No: 1BND1 P.L.2O2O-E s1 01 NITIIELA OF THE REPUBLIC OF THE MARSHALL ISLANDS 41ST CONSTITUTION REGULAR SESSION, 2O2O Republic of the Marshall Islands lepilpilin Ke Ejukaan RETAIL PRICE MONITORING (AMENDMENT) ACT, 2020.
AN ACT to amend Title 10, Chapter 11 of the MIRC, to empower, in accordance with the Legal Profession Act and Attorney General Act, the Police Prosecutor to prosecute misdemeanour cases to effectively enforce this Act; and to designate a Reporter to assist the Board in gathering retail price information; also to decrease the third offense fine consistently with the original jurisdiction of the District Court.

BE IT ENACTED BY THE NITIIELA OF THE REPUBLIC OF THE MARSHALL ISLANDS 5101.

Short title.
Short title.

This Act may be cited as the Retail Price Monitoring (Amendment) Act, 2020.. SL02.

Amendments.

(1) The Long Title of Retail Price Monitoring Act of L992, is hereby amended to read as follows: "AN ACT to provide for the monitoring of retail prices charged in the Republic; to gather information on retail pricing; to encourage consumer education; and to repeal the Price Control Act1975".
(2) Section 1L03 of the Retail Price Monitoring Act of 1992 is hereby amended to insert a neu) subsection CI1) after Subsection (10) to read as follows: Reoublic of the Mdrshall Islands Page 3 BILL No: 18ND1 P.L.2O2O- l8 s1 01 Retail Price Monitoring (Amendment) Act, 2020.

"(1) "Police Prosecutor" shall have the same meaning as the term "police prosecution in Section 502 of the Legal Profession Act L99L.

br.
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@ SeNion 1107 Subsections (2) (3) and (4) of the Retail Price Monitoring Act of 1992 is hereby ainended to remoae and insert new languages to read as follows: "(2) The list prepared pursuant to Subsection (1) of the Section shall be transmitted to each local governmen!
or such other persons who will assist in gathering and reporting retail price information, if the Board determines that there is a conflict of interest where the head or any member of the council is a retailer, the board, may designate such other person as reporter.

(3) If such an interest is identified, that person shall remove themselves from any consideration or action on the issue at hand.
(4) Each local government or reporter of information must indicate the following for each item on the list: (a) the name and address of each retailer and retail location offering the item for sale; (b) (c) the current price being charged by each retailer; and any other information relating to pricing and availability.

(5) The information compiled by the local governments or other person as reporter shall be transmitted to the Board.

(6) The information shall be updated every six months.
(7) Summaries of the information shall be made available to the public.
(4) Section 1109(L),(2),(3) and @) of the Retail Prince Monitoring Act of 1-992 is hereby amended to read as follows: (1) Whenever the Board determines, based upon information from the iocal governments or other person as reporter, information on the cost of transportation and shipping, and any other information the Board may receive, that prices charged by a retailer for any essential commodities on any atoll or island or Page 4 Reoublicofthe d& Mdrshatl Islandsffil Retail Price Monitoring (Amendment) Act, 2020.
BILL No: 18ND1 P.L.2O2O- l3 s1 01 upon field trip and commercial vessels in the Republic are in excess of 25% over the total of the baseline price plus the relevant transportation, shipping and other associated costs as determined by the Board, the Board shall: (a) declare price controls in effect with respect to such essential commodities in the atolls and islands or vessels affected; (b) issue a declaration imposing price controls which shall state: (i) the reasons for the imposition: (ii) the terms of the price restrictions imposed; (iii) the information upon which the restrictions are based, the formula to be used in determining the maximum lawful price of affected essential commodities or both; and (iv) the areas and essential commodities affected.
(c) a copy of the declaration shall be filed with the Chief Secretary, the local government of all islands or atolls affected, and, as applicable, on the captain of the vessel, and (d) shall be publicized in a way that will best bring the declaration to the attention of the residents of those islands or atolls or other relevant population.

(2) In any declaratiory or by regulation, the Board may make allowances for bieakage, spillage, theft, and hardship cases as the Board deems equitable.
(3) Whenever the Board determines, based upon information from the local governments or other person as reporter, information on the cost of transportation and shipping, and any other information the Board may receive, that prices charged by a retailer f.or any essential commodities on any atoll or island or upon field trip and commercial vessels in the Republic are in excess of 25% over b#ehne price for the essential commodity plus the relevant transportation, shippin& and other costs associated as determined by the Board, the Board shall implement the price control provisions of Section 1109.
&Reoublic of the ffiMdrshall Islands Page 5 BILL No: 18ND1 P.L.2O2O- 13 s1 01 Retail Price Monitoring (Amendment) Acl, 2020.
(5) (1) (2) (4) Commencing the fourth day after the date upon which the declaration is filed with the Chief Secretary it shall be unlawful for any person to sell or offer to seil in the locality or upon the vessels specified in a declaratiory an essential commodity at a price greater that the maximum lawful price specified in the declaration or as determined with reference to a declaratiorL except as may be specified by the Board in accordance with this Chapter.
Section 1L1(1) and (2) of the Retail Price Monitoring act of L992 is hereby amended to insert a neTt) Subsection (1 A) to read as follows: Any other provision of this Chapter and any provision of any declaration of the Board or resolution of the Nitijela to the contrary notwithstanding, if at any given time an essential commodity is sold or offered for sale at a price that does not exceed 25o/" over the total of the baseline price plus the cost of transportation, shipping, and other costs associated as determined by the Board for that essential commodity, such sale shall not constitute a violation of this Chapter or of any declaration issued under the authority of this Chapter.
This provision shall not apply when the Board determines that the wholesale price represents the relevant baseline.
Any person intending to sell or offer to sell, at a price which exceeds one hundred twenty-five percent (125%) of the baseline price plus shipping, transportation and other costs associated as determined by the Board for an essential commodity that is subject to a declaration must furnish to the Board at least the following information: (a) the specific reason that the price will exceed the allowed mark (b) (c) uP; copies of any and all invoices or other documentation showing the cos!
evidence of their costs of doing business at the location in question; and (d) any other relevant information.

(5) Section 1113 of the Retail Price Monitoring act of 1992 is hereby amended to insert a neur Subsection (1 A) to read as follows: Page 6 *r"r*flI1i i,11i"..@ Retail Price Monitoring (Amendment) Act, 2020.
BILL No: IBNDl P.L.2O2O- i3 sl 01 "(1A) Subject o the Legal Profession Act 199L and the Attorney General Act of 2002, the local Government or other person as reporter through the police prosecutor, may prosecute aly Petty misdemeanour and misdemeanour cases, in accordance with this Chapter.
(5) Section 1113 Subsection 6) of the Retail Price Monitoring Act of L992 is hereby amended to remoae and insert new languages to read as follows: "(5) If the board is not so satisfied at the end of such ten (10) day period shall report the violation tb the Attorney General or the police prosecutor for prosecution in accordance with this Chapter."
(7) Section 1114 of the Retail Price Monitoring Act of L992 is hereby repealed to read as follows: "(1) Any person who violates for the first time any provision of this Chapter or any declaration or regulation issued hereunder shall be guilty of a petty misdemeanour and shall upon conviction be liable to a fine not exceeding $400.00 or, if a natural persory to a term of imprisonment not exceeding six (6) months, or both.
"(2) Any person who violates for the second time any provision of the Chapter or any declaration or regulation issued hereunder shall be guilty of a misdemeanour and shall upon conviction be liable to a fine not exceeding $1,000 or, if a natural person, to a term of imprisonment not exceeding one (1) year or both.
"(3) Any person who violates for the third time any provision of the Chapter or any declaration or regulation issued hereunder shall be guilty of a felony and shall upon conviction be liable to a fine not exceeding $4,000 or, if a natural persory to a term of imprisonment not exceeding three (3) years, or both.
"(4) Each sale or offer for sale of an essential commodity in violation of the Chapter or of declaration and regulations of the Board shall constifute a separation violation thereof and shall be punished as such.

In making a determination on sentencing the Court shall take into account the overall circumstances of the person found guilty of a violation.
The Court may, when appropriate, provide for a term of Renublic of the Mdrshall Islands Page 7 BILL No: 18ND1 sl 01 P.L.2o2o- t3 Retail Price Monitoring (Amendment) Act, 2020. imprisonment for the person within a corporatiory partnership or other organization, that was responsible for the violation.

5103.

Effective Date.

This Act shall come into Lrce in accordance with the Article V, Section 2L, of the Constitution and the Rules of Procedures of the Nitijela.
CERTIFICATE I hereby certify: That Nitijela Bill No: 18ND1 was passed by the Nitijela of the Republic of the 1.

Marshall Islands on the That I am satisfied that Nitijela Bill No: 18ND1 was passed in accordance with the relevant provisions of the Constitution of the Republic of the Marshall Islands and the Rules of Procedures of the Nitijela.

I hereby place my signature before the Clerk tnis ?Laay of 2020.

Attest: Hon.
Attest: Hon.

Kenneth A. Kedi Speaker Nitijela of the Marshall lslands Nitijela of the Marshall Islands Page B Reoublic of the Mirshall Islands