Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698834826619.pdf (Micronesia, Federated States of)
STANDING COMMITTEE REPORT NO.

17-87 RE: C.B.

NO.

17-63/J&GO SUBJECT: PERMITTING NON-CITIZEN NATIONALS OF THE FSM TO BE ISSUED WITH PASSPORTS AND TO ENTER THE FSM WITHOUT AN ENTRY PERMIT JANUARY 31, 2012 The Honorable Isaac V. Figir Speaker, Seventeenth Congress Federated States of Micronesia Third Regular Session, 2012 Dear Mr. Speaker: Your Committee on Judiciary and Governmental Operations, to which was referred C.B.

No.
No.

17-63, entitled: “A BILL FOR AN ACT TO AMEND TITLE 50 OF THE CODE OF THE FEDERATED STATES OF MICRONESIA, AS AMENDED BY PUBLIC LAWS NOS.
11-21, 12-65, 14-28, 14-33, 14-28, 14-85, 15-27, AND 16-55, BY AMENDING SECTIONS 102 AND 202 TO PERMIT NATIONALS OF THE FEDERATED STATES OF MICRONESIA TO BE ISSUED WITH PASSPORTS AND TO ENTER THE FEDERATED STATES OF MICRONESIA WITHOUT AN ENTRY PERMIT, AND FOR OTHER PURPOSES.”, begs leave to report as follows: The intent and purpose of the bill are expressed in its title.

The FSM Constitution provides that any person born of one or two FSM-citizen parents is both a citizen and a national of the FSM.
Although individuals may lose their FSM SCRL 17-98/CBN 17-63 STANDING COMMITTEE REPORT NO.

17-87 RE: C.B.

NO.

17-63/J&GO SUBJECT: PERMITTING NON-CITIZEN NATIONALS OF THE FSM TO BE ISSUED WITH PASSPORTS AND TO ENTER THE FSM WITHOUT AN ENTRY PERMIT JANUARY 31, 2012 citizenship, most commonly by dual citizens failing to elect to retain their FSM citizenship and renounce their other citizenship within three years of their eighteenth birthday, such individuals retain their status as nationals of the FSM.
However, the law is currently silent on the practical consequences of such a status.

This bill and two associated bills, C.B.

Nos.

17-64 and 17-65, are intended to define and clarify the rights and responsibilities of FSM nationals.

Hearings were held on this bill and the associated bills in Yap on September 25, 2011, in Chuuk on September 27, 2011, in Kosrae on September 31, 2011, and in Palikir on January 24, 2012.
Participants at all the hearings, including representatives of the executives and legislatures of the states, unanimously supported the bills’ objectives of defining the rights and responsibilities of non-citizen nationals, including the right to reside and work in the FSM.

At the hearing in Palikir, the Chief of Immigration and Labor stated there were no figures for how many non-citizen nationals were currently in the FSM.
He pointed out that those who were US citizens were currently able to live and work in the FSM because of the Compact of Free Association with the United States, but that those who were citizens of other nations, such as Japan, China, or the Philippines, had no such rights.

Senator George noted that in Kosrae there are a number of FSM nationals who are Nauruan citizens who would also benefit from the passage of these bills.
The Chief stated that the bills would be a good step forward for the FSM, noting also that some nationals had unwittingly lost their citizenship by failing to make a declaration within the time required by Article III of the Constitution.

Chairman Panuelo emphasized that the bills do not grant FSM nationals all of the rights of FSM citizenship, and should not be seen as resolving the ongoing debate over dual citizenship.
Rather, they recognize, as does our Constitution, that non-citizen nationals are still members -2- STANDING COMMITTEE REPORT NO.

17-87 RE: C.B.

NO.

17-63/J&GO SUBJECT: PERMITTING NON-CITIZEN NATIONALS OF THE FSM TO BE ISSUED WITH PASSPORTS AND TO ENTER THE FSM WITHOUT AN ENTRY PERMIT JANUARY 31, 2012 of our Micronesian family, and the rights granted to them would enable them to maintain their ties with the nation.
With regard to this particular bill, the Chief stated that modifying passports to state whether the holder was a citizen or only a national of the FSM would be easy to do using the drop-down menu options currently used by the Office of Immigration and Labor to create passports, and that safeguards would be put in place to ensure that the correct type of passport was issued to each applicant.

Your Committee received no comments in opposition to passage of the bill.
Your Committee recommends the following technical amendment to the bill as follows: 1.

Title, line 2, after “14-33,” delete “14-28,”.

Your Committee on Judiciary and Government Operations is in accord with the intent and purpose of C.B.

No.

17-63, and recommends its passage on First Reading, and that it be placed on the Calendar for Second and Final Reading in the form attached hereto as C.B.

No.

17-63, C.D.1.

-3- STANDING COMMITTEE REPORT NO.

17-87 RE: C.B.

NO.
17-87 RE: C.B.

NO.

17-63/J&GO SUBJECT: PERMITTING NON-CITIZEN NATIONALS OF THE FSM TO BE ISSUED WITH PASSPORTS AND TO ENTER THE FSM WITHOUT AN ENTRY PERMIT JANUARY 31, 2012 Respectfully Submitted, /s/ David W. Panuelo David W. Panuelo, chairman /s/ Bonsiano F. Nethon Bonsiano F. Nethon, vice chairman Tiwiter Aritos, member /s/ Isaac V. Figir Isaac V. Figir, member /s/ Yosiwo P. George Yosiwo P. George, member /s/ Halbert Halbert Dohsis Halbert, member Roger S. Mori, member -4-