Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698831339754.pdf (Micronesia, Federated States of)
ELEVENTH CONGRESS OF THE FEDERATED STATES OF MICRONESIA FOURTH SPECIAL SESSION, 2001 CONGRESSIONAL BILL NO.

11-208, C.D.1 Public Law No.

11-083 AN ACT To further amend title 12 of the Code of the Federated States of Micronesia, as amended by Public Laws Nos.

5-22, 5-23, 10-30 and 11-71, by amending sections 1704, 1709, 1713, 1714, 1716 and 1719, as enacted by Public Law No.
11-71, to make clarifying and technical corrections, to make sharing arrangements subject to approval by Congress and to ensure that proceeds of crime received by the Federated States of Micronesia are deposited into the General Fund of the Federated States of Micronesia, and for other purposes.

BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA: 1 Section 1.

Section 1704 of title 12 of the Code of the Federated 2 States of Micronesia, as enacted by Public Law No.
11-71, is hereby 3 amended to read as follows: "Section 1704.

Definitions.

Unless the subject or context otherwise requires, in this act: (1) 'Appeal' includes proceedings by way of discharging or setting aside a judgment, and an application for a new trial or for a stay of execution.

(2) 'Data' means representations, in any form, of information or concepts.
(3) 'Document' means any record of information and any material on which data is recorded or marked and which is capable of being read or understood by a person, computer system or other device, and includes, but is not limited to: (a) anything on which there is writing; (b) anything on which there are marks, figures, symbols, or perforations having meaning for persons qualified to interpret them; (c) anything from which sounds, images or writings can be produced, with or without the aid of anything else; or (d) a map, plan, drawing, photograph or similar thing.
(4) 'Foreign confiscation order' means an order, made by a CBL 11-224 CONGRESSIONAL BILL NO.

11-208, C.D.1 court in a foreign state, for the purposes of the confiscation or forfeiture of property in connection with, or recovery of the proceeds of, a serious offense.

(5) 'Foreign restraining order' means an order made in respect of a serious offense by a court in a foreign state for the purpose of restraining a particular person or all persons from dealing with property.
(6) 'Foreign state' means: (a) any country other than the Federated States of Micronesia; and (b) every constituent part of such country, including a territory, dependency or protectorate, or political subdivision which administers its own laws relating to international cooperation.
(7) 'Interest', in relation to property, means a: (a) legal or equitable estate or interest in the property; or (b) right, power or privilege in connection with the property, whether present or future and whether vested or contingent.

(8) 'Person' means any natural or legal person.

(9) 'Place' includes any land (whether vacant, enclosed or built upon, or not) and any premises.

(10) 'Premises' includes the whole or any part of a structure, building, aircraft, or vessel.
(11) 'Proceedings' means any proceeding conducted by or 26 2 of 14 CONGRESSIONAL BILL NO.

11-208, C.D.1 under the supervision of a judge, magistrate or judicial officer, however described, in relation to any alleged or proven offense, or property derived from such offense, and includes an inquiry, investigation, or preliminary or final determination of facts.
(12) 'Proceeds of crime' means fruits of a crime, or any property derived or realized directly or indirectly from a serious offense and includes, on a proportional basis, property into which any property derived or realized directly from the offense was later successively converted, transformed or intermingled, as well as income, capital or other economic gains derived or realized from such property at any time since the offense.
(13) 'Property' means real or personal property of every description, whether situated in the Federated States of Micronesia or elsewhere and whether tangible or intangible, and includes an interest in any such real or personal property.

(14) 'Secretary' means the Secretary of the Department of Justice of the Federated States of Micronesia or the chief law enforcement officer of the Federated States of Micronesia, whatever the title of such position is or in the future may become.
(15) 'Serious offense' means a violation of: (a) any law of the Federated States of Micronesia or any of its States or political subdivisions, which is a 26 3 of 14 CONGRESSIONAL BILL NO.
11-208, C.D.1 criminal offense punishable by imprisonment for a term of more than one year; or (b) a law of a foreign state, in relation to acts or omissions, which, had they occurred in the Federated States of Micronesia or any of its States or political subdivisions, would have constituted a criminal offense punishable by imprisonment for a term of more than one year.
(16) 'Supreme Court' means the Supreme Court of the Federated States of Micronesia, and all its divisions, wherever or whenever constituted.
(17) A reference in this act to the law of the Federated States of Micronesia, any State of the Federated States of Micronesia, or any foreign state includes a reference to a written or unwritten law of, or in force in, any part of the Federated States of Micronesia (including its States and political subdivisions), any part of that State of the Federated States of Micronesia, or any part of that foreign state, as the case may be."

Section 2.
Section 2.

Section 1709 of title 12 of the Code of the Federated States of Micronesia, as enacted by Public Law No.

11-71, is hereby 21 amended to read as follows: 22 23 24 25 26 "Section 1709.

Foreign requests for an evidence-gathering order or a search warrant.
(1) Notwithstanding anything contained in any other law, where the Secretary grants a request by a foreign state to obtain evidence in the Federated States of Micronesia, an 4 of 14 CONGRESSIONAL BILL NO.

11-208, C.D.1 authorized person may apply to the Supreme Court for: (a) a search warrant; or (b) an evidence-gathering order.
(2) The Supreme Court, to which an application is made under subsection (1) of this section, may issue an evidence- gathering order or a search warrant under this subsection, where it is satisfied that there is probable cause to believe that: (a) a serious offense has been or may have been committed against the laws of the foreign state; and (b) evidence relating to that offense may: (i) be found in a building, receptacle or place in the Federated States of Micronesia; or (ii) be able to be given by a person believed to be in the Federated States of Micronesia; and (c) in the case of an application for a search warrant, it would not, in all the circumstances, be more appropriate to grant an evidence-gathering order.
(3) For the purposes of subsection (2)(a) of this section, a statement contained in the foreign request to the effect that a serious offense has been or may have been committed against the laws of the foreign state is prima facie evidence of that fact.

(4) An evidence-gathering order: (a) shall provide for the manner in which the evidence is to be obtained in order to give proper effect to the 26 5 of 14 CONGRESSIONAL BILL NO.
11-208, C.D.1 foreign request, unless such manner is prohibited under the laws of the Federated States of Micronesia, and in particular, may require any person named therein to: (i) make a record from data or make a copy of a record; (ii) attend court to give evidence on oath or otherwise until excused; (iii) produce to the Supreme Court or to any person designated by the Court, any thing, including any document, or copy thereof; and (b) may include such other terms and conditions as the Supreme Court considers desirable, including those relating to the interests of the person named therein or of third parties.
(5) A person named in an evidence-gathering order may refuse to answer a question or to produce a document or thing where the refusal is based on: (a) a law currently in force in the Federated States of Micronesia; (b) a privilege recognized by a law in force in the foreign state that made the request; or (c) a law currently in force in the foreign state that would render the answering of that question or the production of that document or thing by that person, in the person's own jurisdiction, an offense.
(6) Where a person refuses to answer a question or to 26 6 of 14 CONGRESSIONAL BILL NO.

11-208, C.D.1 produce a document or thing pursuant to subsection (5)(b) or (c) of this section, the Supreme Court shall report the matter to the Secretary who shall notify the foreign state and request the foreign state to provide a written statement on whether the person's refusal was well founded under the law of the foreign state.
(7) Any written statement received by the Secretary from the foreign state in response to a request under subsection (6) of this section, shall be admissible in the evidence- gathering proceedings, and for the purposes of this section be determinative of whether the person's refusal is well founded under the foreign law.
(8) A person who, without reasonable excuse, refuses to comply with a lawful order of the Supreme Court made under this section, or who having refused pursuant to subsection (5) of this section, continues to refuse, notwithstanding the admission into evidence of a statement under subsection (7) of this section, to the effect that the refusal is not well founded, commits a contempt of court and may be punished accordingly.
(9) A search warrant shall be in the usual form in which a search warrant is issued in the Federated States of Micronesia, varied to the extent necessary to suit the case.

(10) No document or thing seized and ordered to be sent to a foreign state shall be sent until the Secretary is satisfied that the foreign state has agreed to comply with any terms or 26 7 of 14 CONGRESSIONAL BILL NO.
11-208, C.D.1 conditions imposed in respect of the sending abroad of the document or thing.

(11) The Supreme Court is hereby authorized to adopt, recognize and enforce foreign court orders certified or under seal, which orders shall be presumed to be valid in the absence of any evidence to the contrary."

Section 3.

Section 1713 of title 12 of the Code of the Federated 8 States of Micronesia, as enacted by Public Law No.
11-71, is hereby 9 amended to read as follows: 26 "Section 1713.

Foreign requests for Federated States of Micronesia restraining orders.
(1) The Secretary may apply to the Supreme Court for a restraining order under subsection (2) of this section where: (a) a foreign state requests the Secretary to obtain the issuance of a restraining order against property, some or all of which is believed to be located in the Federated States of Micronesia; (b) criminal proceedings have begun in the foreign state in respect of a serious offense; and (c) there is probable cause to believe that the property relating to the offense or belonging to the defendant or the defendant's co-conspirators is located in the Federated States of Micronesia.
(2) Where the Secretary makes application to the Supreme Court under subsection (1) of this section, the Court may make a restraining order in respect of the property, and this 8 of 14 CONGRESSIONAL BILL NO.
11-208, C.D.1 act or the relevant provisions of chapter 9 of title 11 of the Code of the Federated States of Micronesia shall apply as requested by the Secretary in relation to the application and to any restraining order issued as a result, as if the serious offense that is the subject of the order had been committed in the Federated States of Micronesia."

Section 4.

Section 1714 of title 12 of the Code of the Federated 8 States of Micronesia, as enacted by Public Law No.
11-71, is hereby 9 amended to read as follows: 26 "Section 1714.

Requests for enforcement of foreign confiscation or restraining orders.
(1) Where a foreign state requests the Secretary to make arrangements for the enforcement of a foreign restraining order or a foreign confiscation order, the Secretary may apply to the Supreme Court of the Federated States of Micronesia for entry and enforcement of the order under this act or under chapter 9 of title 11 of the Code of the Federated States of Micronesia.
(2) The Supreme Court shall, upon application by the Secretary, enter and enforce a foreign restraining order under this act or under chapter 9 of title 11 of the Code of the Federated States of Micronesia, if the Court is satisfied that at the time of entry and registration, the order is in force in the foreign state.

(3) The Supreme Court shall, upon application by the Secretary, enter and enforce a foreign confiscation order, 9 of 14 CONGRESSIONAL BILL NO.
11-208, C.D.1 which is legally capable of enforcement in the Federated States of Micronesia and its States, if the Court is satisfied: (a) at the time of entry and enforcement, that the order is in force in the foreign state and is not subject to appeal; and (b) where the person subject of the order did not appear in the confiscation proceedings in the foreign state, that: (i) the person was given fair notice of the proceedings; or (ii) the person had absconded or had died before such notice could be given, and if the person died, the decedent's estate was given fair notice of the proceedings.
(4) For the purposes of subsections (2) and (3) of this section, a statement contained in the foreign request to the effect that: (a) the foreign restraining order is in force in the foreign state; (b) the foreign confiscation order is in force in the foreign state and is not subject to appeal; or (c) the person, who is the subject of the foreign confiscation order, was given notice of the proceedings in sufficient time to enable him or her to defend them, or that the person had absconded or died before such notice could be given and if the person died, the decedent's estate was given 26 10 of 14 CONGRESSIONAL BILL NO.
11-208, C.D.1 fair notice of the proceedings; is prima facie evidence of those facts, without proof of the signature or official character of the person appearing to have signed the foreign request.
(5) Where a foreign restraining order or foreign confiscation order is entered for enforcement in accordance with this section, a copy of any amendments made to the order in the foreign state (whether before or after entry and enforcement), may be entered and enforced in the same way as the order, but shall not have effect for the purposes of chapter 9 of title 11 of the Code of the Federated States of Micronesia, until they are so entered and enforced.
(6) The Supreme Court shall, upon application by the Secretary, rescind entry of: (a) a foreign restraining order, if it appears to the Court that the order has ceased to have effect; or (b) a foreign confiscation order, if it appears to the Court that the order has been satisfied or has ceased to have effect.
(7) Subject to subsection (9) of this section, where the foreign restraining order or foreign confiscation order comprises a facsimile copy of a duly authenticated foreign order, or amendment made to such an order, the facsimile shall be regarded, for the purposes of this act, as the same as the duly authenticated foreign order.

(8) Entry and registration effected by means of a facsimile 26 11 of 14 CONGRESSIONAL BILL NO.
11-208, C.D.1 ceases to have effect at the end of the period of twenty-one (21) days, commencing on the date of entry and registration, unless a duly authenticated original of the order has been entered and registered by that time.
(9) Where a foreign restraining order or a foreign confiscation order has been entered pursuant to this section, the relevant provisions of chapter 9 of title 11 of the Code of the Federated States of Micronesia shall be deemed to apply in relation to the order as if the serious offense that is the subject of the order had been committed in the Federated States of Micronesia, and the order had been made pursuant to that act."

Section 5.
Section 5.

Section 1716 of title 12 of the Code of the Federated 14 States of Micronesia, as enacted by Public Law No.

11-71, is hereby 15 amended to read as follows: 26 "Section 1716.

Sharing confiscated property with foreign states.
(1) Subject to approval by Congress or if Congress is not in session, subject to approval by the Judiciary and Governmental Operations Committee of Congress, the Secretary may enter into an arrangement with the competent authorities of a foreign state, in respect of money laundering and proceeds of crime, for the reciprocal sharing with that state of such part of any property realized: (a) in the foreign state, as a result of action taken by the Secretary pursuant to section 1707(4) of this title; 12 of 14 CONGRESSIONAL BILL NO.
11-208, C.D.1 or (b) in the Federated States of Micronesia, as a result of action taken in the Federated States of Micronesia pursuant to section 1714(1) of this title.

(2) Except as otherwise provided by law, any proceeds of crime that have been received by the Federated States of Micronesia pursuant to this chapter shall be deposited in the General Fund of the Federated States of Micronesia."

Section 6.
Section 6.

Section 1719 of title 12 of the Code of the Federated 10 States of Micronesia, as enacted by Public Law No.

11-71, is hereby 11 amended to read as follows: "Section 1719.

Confiscated proceeds of drug crime to be deposited in the General Fund of the Federated States of Micronesia or in a Fund for Drug Abuse Prevention and Control.
To the extent available under any sharing of confiscated property arrangement referred to in section 1716 of this title, or otherwise, any proceeds of drug related crime which have been: (1) confiscated in a foreign state pursuant to a request by the Federated States of Micronesia under section 1707(4) of this title; or (2) confiscated in the Federated States of Micronesia pursuant to a request by a foreign state under section 1714(1) of this title; shall be deposited in the General Fund of the Federated States of Micronesia until such time as a 13 of 14 CONGRESSIONAL BILL NO.
11-208, C.D.1 1 2 3 Fund for Drug Abuse Prevention and Control is established by law."

Section 7.

This act shall become law upon approval by the 4 President of the Federated States of Micronesia or upon its becoming 5 law without such approval.

6 April 23rd, 2001 ___________/s/_________________ Leo A. Falcam President Federated States of Micronesia 14 of 14