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National Firearms Control Act Amendment, RPPL No. 9-17 2013

PALAU

NINTH OLBILL ERA KELULAU

First Regular Session, February 2013

AN ACT

To permit armed personnel aboard Palau flag ships, to amend 17 PNC § 3303(f) "Law Enforcement Officer" to extend the Bureau of Lands and Surveys monumentation and survey duties until 2017, and to supplement the Fiscal Year 2014 Budget by amending section 17 of RPPL No. 9-15 to authorize and appropriate additional sums towards water and sewer operations at the Japan-Palau Friendship Bridge; and for other related purposes.

THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:

Section 1. Legislative Findings. The Olbiil Era Kelulau finds that while possession of firearms is banned in the Constitution in Article XIII, Section 12, within the Constitution, there are three categories of individuals permitted to possess and use firearms: 1. Military lawfully in Palau; 2. Law Enforcement Officers acting in an official capacity; and 3. Private Citizens, if by legislation the majority of voters agree to change the law by nationwide referendum. 17 PNC § 3303 defines law enforcement officers as government officers whose duty it is to preserve the peace and enforce the law.
The purpose of this bill is to allow privately contracted armed security personnel aboard registered Palauan ships in accordance with International Maritime Organization guidelines. The benefits of the proposed law will bring added protection to the ships and personnel working on the ships, to the economy of Palau by protecting the goods on the ships, and greater certainty and safety to the markets. The waters outside of the Republic are increasingly perilous as nefarious people around the world are resorting to pirating, even in areas close to the Republic, such as the South China Sea. The pirates of our time use firearms to overtake large ships. The goods they steal are then sold on the underground markets around the world. Pirates encountering a Palauan flag ship with armed security personnel either may be deterred or defeated in their planned attack.

Section 2. Amendment. Section 3303 (f) of Title 17 of the Palau National Code, is hereby amended to read as follows:
"Section 3303 (f). "Law Enforcement Officer" means a sheriff, police officer, customs or immigration officer or any other municipal entity, or privately contracted armed security personnel certified by the Ship Registry Administrator and authorized by the President, whose duty it is to preserve the peace and enforce the laws in the Republic or any of its lawful subdivisions."

Section 3. Amendment. Section 3307(a) of Title 17 of the Palau National Code is amended as follows:

"§ 3307. Possession of firearms and ammunition by law enforcement officers and members of the armed forces.

(a) . . ..

(b) No law enforcement officer certified by the Ship Registry Administrator shall have in his or her possession any firearm within the Republic of Palau. In accordance with International Maritime Organization guidelines regarding use of firearms and ammunition, the President may impose such other terms and conditions deemed appropriate for law enforcement officers aboard ships registered with the Palau Ship Registry to maintain and preserve peace and security of the passengers, crew and any other person aboard ships.

(c) . . .

(d) . . .

(e) . . ."

Section 4. Amendment. Amend 35 PNC § 1305 as amended by RPPL no. 8-51 as follows:

"§ 1305.  Bureau of Lands and Surveys responsibilities; land registration employees.

(a) The Bureau of Lands and Surveys within a reasonable time period not to extend beyond March 31, 2017, shall proceed on a systematic basis to ensure the designation of areas and survey of all lands and the monumentation of all land within the Republic. . . .

. . .

(d) The Bureau shall complete the surveying required under this section within a reasonable time period not to extend beyond March 31, 2017. . . . 

. . ."

Section 5. Amendment. Amend Section 17 of RPPL No. 9-15, as follows:

"Section 17.  PPUC Water & Sewer Operations.  The sum of $1,700,000 is authorized for appropriation and is hereby appropriated for expenditure in Fiscal Year 2014 for water and sewer operations, including leak repairs to the Japan-Palau Friendship Bridge underwater waterline and the installation of a new waterline above ground on the Japan-Palau Friendship Bridge, to the Palau Public Utilities Corporation (PPUC).  The entire amount authorized to be appropriated and appropriated in this section shall come from Tranche 2 of the ADB WSIP Program Loan."

Section 6. Effective date.
This Act shall take effect upon its approval by the President of the Republic of Palau, or upon its becoming law without such approval.

PASSED: NOVEMBER 1, 2013

APPROVED THIS _____19th_____ DAY OF ____November_____________, 2013

_______________/s/_____________________
HE TOMMY E. REMENGESAU, JR.
PRESIDENT
REPUBLIC OF PALAU