DEPARTMENT OF HEALTH AND SOCIAL AFFAIRSFSM National Government
Capitol Street, P.O. Box PS 70
Palikir, Pohnpei 96941
Federated States of Micronesia
Tel: (692) 320-2619/2872/2643. E-mail: health@fsmhealth.fm. Fax: (691) 320-5263
Office of the Secretary_______________________________________________________________________________________________________PUBLIC NOTICEThis is to inform the general public that the FSM Department of Health and Social Affairs (FSMDHSA), hereby propose to promulgate a Regulation to Implement Public Law 22-134 (the Healthy
Border Protection Act).
The purpose of the Regulation is to (1) protect public health, safety and welfare of the nation fromthe adverse effects of COVID-19, (2) provide orderly, uniform, unified and rational regulations
for the early identification and sustainable management of COVID-19 cases should there be local
transmission, and (3) provide implementing regulation of the FSM Healthy Border Protection Act
of 2022 in accordance with the FSM COVID-19 guidelines and standard operating procedures.
At this juncture of the COVID-19 Pandemic, the risk of introducing COVID-19 cases into theFSM should no longer be the basis to keep FSM’s borders closed. The current science andknowledge of COVID-19 and the predominant Omicron variant, availability of vaccines andtherapeutics, capacity and capability for testing and treatment, and through additional COVID-19
prevention, protection and management measures and tools which includes test-to-treat centers,
restriction of movement, social distancing, personal hygiene and hand washing, wearing mask,etc., should now serve as the basis of FSM’s readiness to reopen our borders on August 1, 2022.
At that time, we must return to our normal lives. Our economy must be rejuvenated, our businesssector must thrive and our external dealing with our important partners must resume. Public Law
22-134 and this proposed Regulation are intended to help return FSM to normalcy.
This proposed Regulation is open for public review and comment beginning on the date of postingand ending on the 30th day of posting. An electronic copy of the proposed regulation can beobtained from the FSM DHSA website at https://hsa.gov.fm. A hard copy may also be obtained
from the FSM DHSA in Palikir. Any person interested in reviewing and commenting on theproposed Regulation may do so in written submission to:Marcus H. SamoSecretary
FSM Department of Health Social Affair
P.O. Box PS-70
Palikir, Pohnpei FSM 96941
Tel:(691) 320-2619/2643
Email: health@fsmhealth.fm
All written comments or submissions must be submitted to FSM DHSA within the thirty (30) days
after posting of this notice. Written comments and submission must be submitted to FSM DHSA
during working hours 8:00 am to 5:00 pm, Monday to Friday.

PERMANENT REGULATION IMPLEMENTING PUBLIC LAW NO. 22-134
HEALTHY BORDER PROTECTION ACTThis Regulation is issued by the Department of Health to implement the Healthy Border
Protection Act pursuant to Public Law No. 22-134.
Extra copies of the proposed regulation can be obtained from the Department of Health & Social
Affairs. Any person interested in commenting may do so by written submission to:
FSM Department of Health & Social Affairs
Palikir, Pohnpei
Federated States of Micronesia

I. Authority.
(a) Section 305 of Title 50 of the FSM Code (Annotated) as amended by Public LawNo. 22-135 empowers the Secretary of Health & Social Affairs to issue regulation
regarding COVID-19 vaccination and booster requirements at all ports of entry,including but not limited to:(1) (a) Type of COVID-19 vaccine and booster shots acceptable for entry into
the FSM; and(2) (b) Waiting period requirements after receiving the COVID-19 novel
coronavirus (SARS-CoV-2) vaccine and booster shots to be considered
fully vaccinated prior to entry.
(b) Section 307 of Title 50 of the FSM Code (Annotated) as amended by Public Law
No. 22-135 in reference to Title 41 of the FSM Code empowers the Secretary ofHealth & Social Affairs to establish COVID-19 Health Clearance Declaration
requirements and assessment factors by regulation.
(c) Sections 307 and 308 of Title 50 of the FSM Code (Annotated) as amended byPublic Law No. 22-135 in reference to Title 41 of the FSM Code empowers theSecretary to issue regulation to implement this Act.
(d) Section 311 of Title 50 of the FSM Code (Annotated) as amended by Public Law
No. 22-135 requires that the Secretary of Health and Secretary of Justice shallenact regulations to implement this Act within 30 calendar days of this Act
becoming law.
II. Reasons for the Regulation(a) The reasons for the proposed regulation are the following:2(1) To protect public health, safety and welfare of the nation from the adverse
effects of COVID-19];(2) To provide orderly, uniform, unified and rational regulations for the early
identification and sustainable management of COVID-19 cases should
there be local transmission]; and,
(3) To provide implementing regulation of the FSM Healthy Border
Protection Act in accordance with the FSM COVID-19 guidelines andStandard Operating Procedures (SOPs).

III. Definitions. Except where otherwise expressly stated or required by the context of aprovision of this Regulation or by law, the following terms shall have their corresponding
meanings:(1) “Act” means the Heathy Border Protection Act enacted by the 22nd FSM
Congress through Public Law No. 22-134.
(2) “Congress” means the Congress of the Federated States of Micronesia.
(3) “COVID-19” means the novel coronavirus that appeared in 2019 andwhich has been the subject of emergency declaration issued by thePresident of the Federated States of Micronesia, which declaration wasrepeatedly extended and modified by the FSM Congress.
(4) “COVID-19 test” refers to any of the acceptable COVID-19 test prior toentry into the FSM.
(5) “COVID-19 vaccine” means any of the COVID-19 vaccines accepted by
the FSM Government under this regulation, including boosters.
(6) “Directors” means the FSM State Directors of Health.

3(7) “President” means the President of the Federated States of Micronesia.
(8) “Secretary” means the Secretary of the FSM Department of Health &Social Affairs.
(9) “Vaccine” or “vaccination” refers to the vaccine for the COVID-19authorized or permitted or authorized by the Secretary of Health andSocial Affairs.
(10) “Fully vaccinated” refers to 14 days after completing your COVID-19
primary vaccination series.
(11) “Boosted” refers to additional dose or doses of a vaccine given after theprimary series.
(12) “International Travel” refers to travel into or outside of FSM by aircraft(commercial, private, charter, military, and others crafts) and by sea
vessel (passenger and cruise ships, cargo and fishing vessels, military,
yachts, and other sea vessels)(13) “Interstate Travel” refers to travel between the FSM States

IV. International Travel.
(a) At this juncture of the Pandemic, the risk of introducing COVID-19 cases into theFSM should no longer be (is no longer) the basis to keep FSM’s borders closed.
The current science and knowledge of COVID-19 and the predominant Omicron
variant, availability of vaccines and therapeutics, capacity and capability fortesting and treatment, and through additional COVID-19 prevention, protection
and management measures, e.g., test-to-treat centers, home quarantine, selfisolation, restriction of movement, social distancing, hand washing, masking, etc.,4should be the basis of FSM’s readiness to reopen its borders on August 1, 2022.
(b) For the purpose of this regulation, international travel includes travel by aircraft
which includes commercial, private, charter, military, and others, and by sea
vessel which includes passenger and cruise ships, cargo and fishing vessels,yachts, military, and others.

V. Pre-Travel Requirements.
(a) Vaccination(1) Any person entering the Federated States of Micronesia is required to be
fully vaccinated and boosted (if eligible) with a COVID-19 vaccineapproved by or granted emergency use authorization (EUA) by the U.S.
Food and Drug Administration (US FDA) or the World HealthOrganization (WHO), prior to entry in the FSM.
(2) The following are accepted COVID-19 vaccines:
1. Comirnaty – BioNTech Manufacturing GmbH
2. Vaxzevria – AstraZeneca AB/SK Bioscience Co. Ltd
3. Covishield – Serum Institute of India Pvt. Ltd
4. COVID-19 Vaccine – Janssen-Cilag International NV
5. SpikeVax – Moderna Biotect/TX, Inc
6. Vero Cell – Beijing Institute of Biological Products Co., Ltd. (BIBP)
7. CoronaVac – Sinovac Life Sciences
8. Covaxin – Bharat Biotech International Ltd
9. Conovax – Serum Institute of India Pvt. Ltd
10. Nuvaxovid – Novavax CZ a.s.
11. Convidecia – CanSino Biologics Inc(3) In order to be considered fully vaccinated, the following waiting periods
must be observed:
A. To be considered “fully vaccinated” 14 days have to lapse since
your last dose of the COVID-19 primary vaccination series.
5(4) The following COVID-19 boosters are accepted for the purposes ofwhether a person is considered boosted:
A. Booster dose is only required for adults 18 and older.
B. To be eligible for a booster dose, 5 months has to lapse since yourlast dose of COVID-19 primary series.
(5) Any person seeking exemption from the COVID-19 vaccination and/or
booster requirements shall provide a certified medical statement from alicensed physician that the disability or medical condition of the person issuch that the required COVID-9 vaccination or booster would endanger
the life or health of the person.

The Secretary may require further

information or documentation in connection with a claim of exemption.
(b) COVID-19 testing(1) Any person traveling to the FSM is required to be tested negative by PCR
within 72 hours of entry.
(c) COVID-19 face-mask(1) Any person, except children under 3 years old, entering FSM is required
to wear mask at all time during travel.
(d) COVID-19 Health Clearance Declaration.
(1) A FSM COVID-19 Health Clearance Declaration Form is required to becompleted upon entry in FSM. The declaration should include, at theminimum, the following mandatory information:
A. COVID-19 exposure or contact with persons with COVID-19.
B. COVID-19 contraction or infection;
C. COVID-19 medical treatment and hospitalization received;6

D. COVID-19 related quarantine; andE. COVID-19 testing results.

VI. Post Travel Requirements:(a) Restriction of Movement.
(1) A person who entered the FSM will be subjected to the following:
A. Stay at home and wear mask for 5 days.
B. If no symptoms, restriction of movement is lifted.
C. If developed symptoms visit the nearest Test-to-Treat Center.

VII.

Interstate Travel(a) Inter-state travel is permitted on any aircraft and sea vessel originated locally(PMA, CIA, Navigator, and others) or internationally (UA, Air New Guinea, andothers).
(b) Traveler is required to be fully vaccinated and boosted.
(c) Traveler is required to wear mask at all time during interstate travel.
(d) The Secretary shall provide advice which shall be binding upon the States withrespect to quarantine protocols and guidelines in the course of implementing thisregulation.

VIII.

Violation of Regulation.
(a) Penalty for violating these regulations will be subjected to Public Law 22-134 andFSM Department of Justice Regulations.

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IX. Implementation, Monitoring and Reporting(a) The Secretary shall coordinate with the State Directors of Health and Chairs ofState Taskforces on implementation of this regulation in the FSM, including
monitoring and reporting on the implementation of this regulation.
(b) In monitoring the implementation of this regulation, the Secretary shall consider
the following criteria:(1)

Rationale for implementation is based upon current medical practice;(2) Feasibility of implementation in the proposed manner, time and place;(3) Limited health risk to all persons at the port of entry including agency
employees, persons working at the port, and travelers;(4) Administrative cost for implementation and impact on agency budget;(5) Guidelines to aid in effective implementation; and(6) Current capacity to implement. The Secretary shall identify funding
needed to implement this regulation, and may request supplemental
funding from the FSM Congress if needed.
(c) Within 90 business days of implementation of any regulation or agency action
under this regulation, the Secretary shall provide a written report to the President
regarding the implementation of this regulation. Copies of the report shall beprovided to the Committee on Health and Social Affairs, and Committee onJudiciary and Governmental Operations in Congress of the Congress.
(d) The Secretary may propose any amendment or changes to this regulation ifnecessary.

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