Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698746803247.pdf (Micronesia, Federated States of)
TWENTY-THIRD CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIRST REGULAR SESSION, 2023 C.B.

NO.
NO.

23-11 A BILL FOR AN ACT To further amend title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, by creating a new chapter 11 to prohibit the importation of e-Cigarettes into the Federated States of Micronesia for commercial activity, provide for a personal use exemption, establish enforcement and regulation authority, mandate destruction of seized e-Cigarettes, require records management on seized and destroyed e-Cigarettes, and for other purposes.
BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA: Section 1.

Title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, is hereby further amended by creating a new chapter 11 entitled: “FSM e-Cigarette Import Control Act of 2023”.

Section 2.

Chapter 11 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, is hereby further amended by inserting a new subchapter 1 entitled: “General Provisions”.

Section 3.
Section 3.

Chapter 11 of title 54 of the Code of the 10 Federated States of Micronesia (Annotated), as amended, is 11 hereby further amended by inserting a new section 1101 of 12 subchapter 1 to read as follows: 13 14 15 “Section 1101.

Short title.

This Act may be referred to as the “e-Cigarette Import Control Act.” Section 4.

Chapter 11 of title 54 of the Code of the 16 Federated States of Micronesia (Annotated), as amended, is CBL 23-11 C.B.

NO.
NO.

23-11 hereby further amended by inserting a new section 1102 of subchapter 1 to read as follows: “Section 1102.

Definitions: For the purposes of this chapter, the following terms shall be given the meanings described herein.

(1) “Customs Administration” means the Customs and Tax Administration under the FSM Department of Finance and Administration.
(2) “Division of Immigration” means the Division of Immigration and Passport Services under the FSM Department of Justice; (3) “e-Cigarette” or “electronic cigarette” means an electronic device that simulates tobacco smoking through the use of a battery containing a solution of nicotine, additives, compounds and/or chemicals, which produces a vapor, aerosol or mist for the user to inhale.
(4) “FSM” means the Federated States of Micronesia; (5) “Importer” means any person, company, or entity by or for whom any goods are imported, and includes the consignee and any other person who is beneficially interested in the goods; (6) “Inspect” or “Inspection” means an official examination, conducted on-site by the 2 of 7 C.B.

NO.
NO.

23-11 Customs Administration and/or Division of Immigration authority to determine compliance with laws, regulations, and standards at any FSM port of entry; and (7) “Secretary of Finance” means the Secretary of the Department of Finance and Administration of the FSM.” Section 5.

Chapter 11 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, is 10 hereby further amended by creating a new subchapter 2 entitled: 11 “Scope of Law.” 12 Section 6.
Chapter 11 of title 54 of the Code of the 13 Federated States of Micronesia (Annotated), as amended, is 14 hereby further amended by inserting a new section 1121 of 15 subchapter 2 to read as follows: 16 17 18 19 “Section 1121.

Prohibition on the Import of e-Cigarettes.

It shall be unlawful to import e-Cigarettes into the Federated States of Micronesia for commercial activity.” Section 7.
Chapter 11 of title 54 of the Code of the 20 Federated States of Micronesia (Annotated), as amended, is 21 hereby further amended by inserting a new section 1122 of 22 subchapter 2 to read as follows: 23 24 25 “Section 1122.

Personal Use Exemption.

Section 1121 shall not apply to any person brining in up to three e-Cigarettes for personal use at the port of 3 of 7 C.B.

NO.

23-11 entry.
NO.

23-11 entry.

All persons entering the FSM shall declare all e- Cigarette(s) brought into the FSM for personal use on the Division of Immigration and Customs Administration forms at the port of entry.” Section 8.

Chapter 11 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, is hereby further amended by creating a new subchapter 3 entitled: “Enforcement.” Section 9.
Chapter 11 of title 54 of the Code of the 10 Federated States of Micronesia (Annotated), as amended, is 11 hereby further amended by inserting a new section 1131 of 12 subchapter 3 to read as follows: “Section 1131.

Department of Finance Enforcement Authority.

(1) Seizure and Destruction.


The Secretary of the Department of Finance or his designee shall have the authority to seize and destroy e- Cigarette(s) upon inspection based on reasonable suspicion at any port of entry.

Within 14 days of the Department of Finance’s seizure of e-Cigarette(s) at the port of entry, the Customs Administration shall destroy any e-Cigarette(s) seized, including the destruction, proper disposal and/or recycling of e-Cigarette batteries.

(2) Administrative Penalty.

4 of 7 C.B.


NO.

23-11 The Secretary of the Department of Finance shall have the authority to impose administrative penalties as established by regulation for violation of the prohibition on the import of e-Cigarettes in accordance with the rulemaking requirements under Title 17 of the Code of the Federated States of Micronesia.
Any administrative penalties imposed pursuant to this section are subject to administrative review under title 17 of the Code of the Federated States of Micronesia.

(3) Limitations on Enforcement Authority.

The Department of Finance shall not seize, destroy, and/or issue an administrative penalty where one e- Cigarette is brought into the FSM for personal use in accordance with section 1122.” Section 10.
Chapter 11 of title 54 of the Code of the 16 Federated States of Micronesia (Annotated), as amended, is 17 hereby further amended by creating a new subchapter 4 entitled: 18 “Records Management.” 19 Section 11.

Chapter 11 of title 54 of the Code of the 20 Federated States of Micronesia (Annotated), as amended, is 21 hereby further amended by inserting a new section 1141 of 22 subchapter 3 to read as follows: 23 24 25 “Section 1141.

Records Management Requirements.


The Department of Finance shall maintain electronic records of all e-Cigarettes seized and destroyed for a 5 of 7 C.B.

NO.

23-11 minimum of 10 years, including a record on the destruction, disposal and recycle of e-Cigarette batteries.” Section 12.

Chapter 11 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, is hereby further amended by creating a new subchapter 5 entitled: “Regulation.” Section 13.
Chapter 11 of title 54 of the Code of the Federated States of Micronesia (Annotated), as amended, is 10 hereby further amended by inserting a new section 1151 of 11 subchapter 5 to read as follows: “Section 1151.

Regulation Authority and Mandate.

(1) The Secretary of Finance shall have the authority to promulgate regulations to implement and enforce this Act.
(2) The Secretary of Finance shall develop proper e- Cigarette disposal procedures in consultation with the Secretary of the Department of Environment, Climate Change, and Emergency Management to implement and enforce section 1131 of this Chapter.

(3) The Secretary of Finance shall promulgate regulation within 60 calendar days of this Act becoming law.” of 7 C.B.

NO.

23-11 Section 14.


This act shall become law upon approval by the President of the Federated States of Micronesia or upon it becoming law without such approval.

Date: 5/24/23 Introduced by: /s/ Perpetua S. Konman Perpetua S. Konman of 7