EMAIL: [email protected]  |  PHONE: +680 767 2452/1126  |  FAX: +680 767 3354
EMAIL: [email protected]  |  PHONE: +680 767 2452/1126  |  FAX: +680 767 3354
EMAIL: [email protected] | PHONE: +680 767 2452/1126 | FAX: +680 767 3354

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Fisheries Economics Advisor 2021JOB DESCRIPTION Job Reference: Job Title: Fisheries Economics Advisor Work Unit: Fisheries Development Division Responsible To: Chief Economist Responsible For: No staff to supervise Job Purpose: This job exists to-:  Undertake economic research and analysis to assist and support FFA member countries to maximize and measure the economic benefits gained from the management of their tuna resources and the development of their domestic tuna industries. Date: August 2021 The FFA Mission and Vision Vision of the Members of the Pacific Islands Forum Fisheries Agency Our people enjoying the greatest possible social and economic benefits from the sustainable use of offshore fisheries resources. Mission for the Pacific Islands Forum Fisheries Agency Empowering FFA Members to take collective and national action for the sustainable use of offshore fisheries resources FFA Strategic Plan 2020-2025 Organisation context Director-General Director Fisheries Management Director Fisheries Development Chief Economist Fisheries Economics Advisor (2) 1 - Vacant Fisheries Economist Trade and Export Facilitation Unit Fisheries Development Advisory Unit Investment Facilitation Unit Director Fisheries Operation Director Corporate Services Deputy DirectorGeneral Key Result Areas The job encompasses the following major functions or Key Result Areas. The performance requirements of the Key Results Areas are broadly described below: The job encompasses the following major functions or Key Result Areas: 1. Economic Analysis and Policy Advice 2. Project Evaluation, cost benefit and bio-economic analysis and national accounting 3. Information and data collection, interpretation and dissemination The performance requirements of the Key Result Areas are broadly described below; Job holder is accountable for Job holder is successful when 1. Economic analysis and policy advice  Provide analysis and advice on the economic aspects of national tuna management and development plans of FFA members.  Provide analysis and advice on the level of contribution of tuna fisheries and related sectors to the economies of FFA members.  Provide analysis and advice on the prevailing economic conditions in the WCPO tuna fisheries.  Provide analysis and advice to member countries with regard to access agreements with Distant Water Fishing Nations.  Assist in the undertaken of the potential impact of climate change on the economic benefits FFA members derive from WCPO tuna fisheries.  Other economic analysis and policy advice as required.  FFA interests in fisheries development are secured and advice is complied with.  Policies are updated.  High quality FFA reports are compiled and submitted on time. 2. Project evaluation, cost-benefit and bioeconomic analysis, and national accounting  Undertake economic analysis of national fisheries management, development and investment proposals.  Evaluate the economic impact of fisheries conservation proposals and declared Marine Protected Areas.  Assist with the development and production of indicators relating to the economic condition of the WCPO tuna fisheries. Assist with the development and production  Evaluations are useful in aligning National fisheries development proposals regional fisheries priorities.  Successful development of economic and development indicators for WCPO that improves and enhances fisheries development within national and regional levels. Job holder is accountable for Job holder is successful when of indicators and statistics relating to the level of contribution of tuna fisheries and related sectors to the economies of FFA members.  Provide support to bio-economic modeling of WCPO tuna fisheries and economic analysis of sub-regional and regional fisheries management measures and proposals. 3. Information and data collection, interpretation and dissemination  Assist the Economics Team in the design and delivery of short national and regional training courses in Fisheries Economics.  Coordinate and/or undertake the collection, interpretation and dissemination of data on the level of contribution of tuna fisheries and related sectors to the economies of FFA members.  Information and analysis pertaining to global tuna market trends are disseminated to all relevant stakeholders. Corporate Contribution Corporate responsibilities are undertaken and completed accurately, meeting specified standards and within agreed timeframes.  Contribution to projects and corporate initiatives is effective and valued.  Administration requirements are completed in a timely and accurate manner. Note: The above performance requirements are provided as a guide only. The precise performance measures for this job will need further discussion between the jobholder and supervisor as part of the performance development process. Work Complexity The most challenging duties typically undertaken:  Providing sound economic policy advice  Obtaining and verifying economic data from Governments and the private sector Functional Relationships & Relationship Skills Key internal and/or external contacts Nature of Contact most typical External  FFA Members and Stakeholders  Provide and receive information.  Analyse and provide advice for FFA members and stakeholders. Internal  Chief Economist  Director Fisheries Development Division  Fisheries Economist  FFA Management & other Staff  Take directions.  Report on progress of work.  Provide and receive information. Level of Delegation The position may involve supervising national fisheries staff on training or attachments; and may be responsible for holding and acquitting training course funds of around $20,000. Person Specification Essential Desirable Qualification 1. Graduate and post-graduate qualifications in economics, fisheries science, fisheries management and or natural resource management (with a strong economics or statistics content) relevant to the demands of the role. Experience 2. A minimum of 5 years’ experience in fisheries management and/or fisheries development and policy 3. Demonstrated proven experience working with economic data and analytical tools and models to conduct economic analysis. 4. Demonstrated experience in undertaking economic surveys and interpreting economic data particularly in relation to the contribution of a given sector to a national economy. Skills, Knowledge and Abilities 5. Knowledge (or capacity to rapidly acquire) of oceanic pelagic fisheries with an emphasis on tuna 6. Proven experience in researching, preparing and presenting reports 7. Demonstrated ability to communicate fluently both orally and in writing across a whole range of stakeholders Qualification 9. A Masters or PhD in Economics Experience 10. Prior experience working in the Pacific and/or developing countries 11. Knowledge of and experience in (or the capability to acquire) the application of information systems and technology relevant to fisheries development. Skills, knowledge and abilities 12. Knowledge of world markets for tuna and/or other fish species Essential Desirable 8. Demonstrated ability or familiarity in Microsoft Office such as word, excel, access and PowerPoint This section is designed to capture the expertise required for the role at a 100% fully effective level. (This does not necessarily reflect what the current jobholder has). This may be a combination of knowledge/experience, qualifications or equivalent level of learning through experience or key skills, attributes or specific competencies. Key Skills/Attributes/Job Specific Competencies The following levels would typically be expected for the 100% fully effective level: Expert Level  Data Sources for economics analysis  Excellent knowledge of relevant economic indicators for fisheries development Advanced Level  FFA and Member countries needs for economic data and analysis  Member countries’ capability gaps in terms of economic analysis Working Knowledge Level  Overall outcome of the Fisheries Development Division in achieving Corporate Objectives and Member countries’ aspirations.  Fisheries management and MCS issues Awareness  Global fisheries issues Key Behaviours All employees are measured against the following Key Behaviours as part of Performance Development  Commitment/Personal Accountability  Professional/Technical Expertise  Teamwork  Customer Focus  Effective Communications & Relationships  Leadership  Coaching and Development (for Managers only)  Strategic Perspective (for Managers only) Personal Attributes  Relevant Qualifications  Excellent Analytical Skills  Excellent Communication Skills  Results orientation  Ability to manage and work well in multi-disciplinary and multi-cultural teams.  Ability to work in an organized and systematic manner.  Ability to transfer information/knowledge to a non-technical audience  Recognizes and responds appropriately to the ideas, interests and concerns of others  Builds trust and engenders morale by displaying open, transparent and credible behaviour  Respects individual/ cultural differences  Utilizes diversity to foster teamwork  Ensures others understanding of, involvement in, adaptation to a change process Change to Job Description From time to time it may be necessary to consider changes in the job description in response to the changing nature of our work environment-including technological requirements or statutory changes. Such Change may be initiated as necessary by your Director. This Job Description may also be reviewed as part of the preparation for performance planning for the annual performance cycle.View DocumentSeptember 17, 2021
Fisheries Economics Advisor_____________________________________________________________________________________________________________________ PACIFIC ISLANDS FORUM FISHERIES AGENCY | PO Box 629, Honiara, Solomon Islands. Tel +677 21124 Fax +677 23995/20092 www.ffa.int Member Countries & Territory: Australia, Cook Islands, Federated States of Micronesia, Fiji, Kiribati, Marshall Islands, Nauru, New Zealand, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tokelau, Tonga, Tuvalu and Vanuatu. CIRCULAR REF: 21/112 16 September 2021 TO: FFA OFFICIAL & FISHERIES CONTACTS CROP AGENCIES FROM: DR MANUMATAVAI TUPOU-ROOSEN, DIRECTOR-GENERAL SUBJECT: FFA VACANCY ANNOUNCEMENT – FISHERIES ECONOMICS ADVISOR Greetings from the FFA Secretariat. The Pacific Islands Forum Fisheries is inviting applications for the position of Fisheries Economics Advisor. We would greatly appreciate your support in circulating the attached advertisement as widely as possible. Detailed information about the position and how to apply can be accessed by clicking on this link https://piffa.applynow.net.au/jobs/137233. Deadline for applications is 30th September 2021. Thank you for your continued support and collaboration with the FFA Secretariat. Dr Manumatavai Tupou-Roosen DIRECTOR-GENERALView DocumentSeptember 17, 2021
Quarterly NewsletterIBETEL A KLEBELAU Quarterly Newsletter April– June 2021: Vol. 37, Issue 3 BCHP Welcomes Minister of the New Ministry of Human Resource, Culture, Tourism and Development Society of Historians Begins Talk Show at Eco-Paradise 87.9FM After his confirmation by the Senate/National Congress, Mr. Ngiraibelas Tmetuchl took his oath of office at his swearing-in ceremony on May 22, 2021 as Minister of the newly created Ministry of Human Resource, Culture, Tourism, and Development. Prior to his ministerial position, Mr. Tmetuchl served as the Chairman of the Palau Visitors Authority’s Board of Directors. In his swearing-in ceremony’s address, he pledged his support to implement and strengthen programs and projects in the Ministry of Human Resource, Culture, Tourism and Development to serve the people of Palau. Society of Historians First Group (l-r) Lynda Tellames, Staff Historian, Bureau of Cultural & Historical Preservation Office, Ochob Rachel Becheserrak, Koror Historian, Dirrengulbai Sariang Timulch, Aimeliik Historian, and Julita Tellei, Melekeok Historian. The Society of Historians of the Bureau of Cultural and Historical Preservation of the Ministry of Human Resources, Culture, Tourism, and Development began its year round talk show at Eco-Paradise 87.9FM Radio Station on June 17, 2021. The radio talk show is on every Thursday at 1:00 pm to 2:00 pm throughout the year. A group of three historians and a staff historian of the Bureau of Cultural and Historical Preservation will be on the weekly talk shows to provide public education and awareness through live discussion on Palau Traditions and Customary Practices. So, stay tune to Eco-Paradise 87.9FM every Thursday from 1:00pm to 2:00pm and be part of an ongoing dialogue for a greater understanding of our own customary practices. PAGE 2 VOLUME 37, ISSUE 3: April– June 2021 On May 14, 2021, the Bureau of Cultural and Historical Preservation office organized a site visit trip with the staffs of Protected Areas Network to historical sites as part of Earth Day activity celebration. The staffs of the office of Protected Areas Network and the Protected Areas Network Fund wanted to gain more understanding on the dynamics of preserving, conserving, managing and safeguarding the irreplaceable heritage of Palau. Understanding these dynamics will assist them determine if historical sites can be eligible to be PAN site. The group were able to visit three historical sites that are also registered sites with the Palau Register of Historic Places. These sites were (1) Beluu er a Ngebuked of Ngaraard, (2) Beluu er a Ngerkeai of Aimeliik, and (3) Beluu er a Ngerutechei of Ngeremlengui. The trip was fruitful as the staffs learnt the history of the sites and their significance to our heritage and the present threat from the climate change. Thus, the urgency for protection and safeguarding these sites for future generation is insurmountable. Collaboration, partnership and teamwork is the key to the protection and preservation of our heritage. Traditional Canoe Building in Collaboration with Thafaas Sonsorol State Men’s Association Historical Site Visit with Protected Areas Network Office The Bureau of Historical and Cultural Preservation Office with Thafaas Sonsorol State Men’s Association are collaborating in the documentation and teaching of traditional canoe carving practices. This Project is known as ―Reviving Traditional Canoe Building Practices of Sonsorol‖. It is an inspiring endeavor to experience for it will highlight on techniques used navigating the Pacific Ocean on canoes built with traditional knowledge, skills, and tools. On 22nd of March, 2021 the project kicked started with a meeting discussing the project overview and ways of sharing the canoe building spirit to the younger generation. A tree chosen for the canoe was Ukall, located in Ngardmau State. On July 9, 2021 the tree was cut down and weeks later the carving began. It had been carved to a canoe shape which had made it easier to transport to Ngermid where more intricate carving, shaping and assemblage will be done. “This is the first time our Bureau has been given an opportunity to fund a canoe building project…We are very pleased and excited to work with this local organization to document the canoe building process and to see the project become a success” states Chief Sunny Ngirmang as she addressed those in attendance at the meeting. Sonsorol State Delegate Yutaka Gibbons Jr. stated that the project “will help us reconnect with our traditional practices and give the younger generation a chance to learn and be proud of their cultural identity.” This project is approved and funded by U.S. Historic Preservation Fund Grant through the National Park Service, Department of the Interior, USA. Local Canoe Building Project. PAGE 3 VOLUME 37, ISSUE 3: April– June 2021 The Society of Historians has completed a booklet on Traditional and Customary Practices series 19th titled ―Creatures of Prophesy and what they Foretell‖. The Historians produced the booklet as part of the Palau National Weather Office project with funding from SPREP. The Historians met for two sessions, total of twenty days, with the BCHP Staff Historian, Ms. Lynda Dee Tellames to discuss, probe, expound, compile, edit and finalize the draft of the booklet entitled ―Creatures of Prophesy and what they Foretell‖. This booklet is in the printing process and will be available in both Palauan and English toward the end of this year. Society of Historians Latest Publications on “Creatures of Prophesy and what they Foretell” BCHP Outreach at PCC Library Summer Program Omsodel a Ulochel a Malk (Rechuodel Vol. II) Malk—a sechal el malkeblai a uleuachel a bebil er a omerresengel me a blekerdelel. A ikei el uleuachel el omerresengel el obengkel a blekerdelel a uaikang: Omerresengel me a Blekerdelel a le Mellomes. A le ngara bluks er a olbed el chau a blai e lorros, eng berdel a kodall el me er tia el blai. A llorros el mla er a bluks er a odesongel el me tmuu er a chemrungel, eng ta er a bereodechad el me er a blai. A cheldellel a teblong me a kldei el dechuu me a le sechal el malk el nga er a olbed me a lechub eng mekesokes el ko er a kakelulau el me tmuu er a chemrungel, eng ta er a klou el bereodechad el me er a tia el blai. Omerresengel a le Klebesei. A lorros e le kekesus el dirkak el bo el belsechel el lorros a malk, el chetakl a bebil er a malk me lorros, eng dirrek el bereodechad el kirel a kerior el mo duubech er sei el obliil el bo el meterob a omerresengel a malk er ngii. A omerresengel a malk el nga er a medal a rael er a taoch me a lechub eng beluu, a dirrek el uleuachel el kirel a meang el chais el kirel a kodall el bo derenges el ngar sei el medal a rael el blel kot el lorros er ngii. A omerresengel a malk el olengchongch er a llomes, a dirrek el utebengall el kirel a bungel a llomes. Upon a request by the Palau Community College President, Patrick U. Tellei, EdD and Ms. Pioria Asito, Manager, PCC Library, the Bureau of Cultural and Historical Preservation Office conducted a presentation at the PCC Library on May 28, 2021 for the PCC Library Children Summer program. Ms. Filly Carabit, Historic Preservation Specialist II, and Ms. Lynda Tellames, Staff Historian of the Division of Ethnography of the Bureau of Cultural and Historical Preservation gave a presentation entitled ―Palau Cultural and Historical Sites and Why it is important.‖ It was a good summer time fun and great learning at the Palau Community College. It was a great pleasure and honor to have presented and interacted with these amazing kids who attended the PCC Library children summer program. Trivia questions were asked and great and useful prizes were won by the children. Thank you PCC for your partnership and for providing programs for our children. PAGE 4 VOLUME 37, ISSUE 3: April– June 2021 REGULATION FOR HISTORICAL/CULTURAL PROPERTIES It is illegal to take, remove, alter or damage any historical or cultural properties, including artifacts, sunken WW II vessels and parts thereof, WW II relics, historic landmarks, and cultural properties. Detailed information on Public Laws regarding historical and cultural properties can be obtained from PNC Title 19 Chapter 1 and its subsidiaries. To ensure compliance with these laws you may contact the Bureau of Cultural and Historical Preservation/Historic Preservation Office at (680) 767-1126/2452 or send an email to [email protected] / [email protected] / [email protected] Bureau of Cultural and Historical Preservation/Palau Historic Preservation Office (Obis er a Ibetel a Cherechar) Ministry of Human Resource, Culture, Tourism and Development P.O. Box 100, Koror, PW 96940 Telephone No.: (680) 767-1126/2452 Fax: (680) 767-1030 Email Addresses: [email protected] / [email protected] / [email protected] ACKNOWLEDMENT OF SUPPORT: This publication is published with support from the ROP Government and the U.S. National Park Service, Department of the Interior and the Palau Historic Preservation Office (Bureau of Cultural and Historical Preservation). DISCLAIMER: The contents, opinions, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views or policies of the Department of the Interior. NON–DISCRIMINATION AND EQUAL OPPORTUNITY STATEMENT: This program received Federal funds from the U.S. National Park Service. Regulations of the U.S. Department of Interior strictly prohibit unlawful discrimination in national origin, age, sex, or handicap. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assistance should write to: Director, Equal Opportunity Program, U.S. Department of the Interior, National Park Service, P.O. Box 37127, Washington, D.C. 20013-7127. Historical Clearance Permitted in this Quarter During the period of April to June 2021, the Bureau reviewed and concurred a total of seventy-six (76) Historical Clearance. Out of the seventy-six, sixty-eight were regular permits, seven were extensions; and one minor permit, zero on section 106 permit, and zero on permit with MOA. These development projects included constructions of new access roads, improvement of existing access roads, building new residences, commercial projects, clearing projects, renovation of existing buildings, home extensions, earthmoving project, dredging projects, grading and leveling projects. As mandated by law, the Bureau must review and determine the effects of any public and/or private development projects to insure historical and cultural resources are protected and preserved. Before any development project begins, a Historic Clearance Permit must be obtained from the Bureau of Cultural and Historical Preservation. Belkul a Tekoi *Chelim rakt *Chelsobel *Chemachel ra Cheldebechel *Chemechisil *Chengal *Cheos Across: 2. Emel ra ding ma lechub eng iis 3. Cheledolel 4. Chedal a smecher el mengelim er ngii 6. Odingel ra cheroll el telngot Down: 1. Btelul a cheldebechel 5. Sils View DocumentAugust 9, 2021

Human Resources

Document Title Description Document Published
Pandemic ReEmployment Program ReportReport as of 10/29/2021 Submission STATUS No. Description Active 318 On Prep Payroll Hired/Working 106 Absorbed by Temporary Supervising Office or found work elsewhere Job Placement 210 Never placed; WIOA Recipients, over 60 Yrs., Withdraw 279 Placed to PREP Temporary Supervising Office; but withdrew due to various reasons Departed (Off-Island) 24 Departed Palau; Students- Job Corp; Relocated Grand Total 937 Grand total Submitted Applications AGE Range STATUS Total 16 Yrs and 17 Yrs (Underage) Job Placement 7 18 - 25 Yrs Active 137 Departed - (Off-Island) 20 Hired 59 Job Placement 76 Withdraw 134 Withdraw - Dubai Expo 1 18-25 Total 427 26-35 Yrs Active 70 Departed - (Off-Island) 4 Hired 27 Job Placement 34 Withdraw 73 Withdraw - Dubai Expo 1 26-35 Yrs Total 209 36 -45 Yrs Active 54 Hired 14 Job Placement 31 Withdraw 28 36 - 45 Yrs Total 127 46 -55 Yrs Active 30 Hired 6 Job Placement 29 Withdraw 30 46 -55 Yrs Total 95 PREP SUBMISSION STATUS SUMMARY APPLICANTS STATUS BY AGE GROUP TOTAL APPLICANTS BY GENDER & AGE GROUP Report as of 10/29/2021 TOTAL ‘ACTIVE’ PARTICIPANTS BY TEMPORARY SUPERVISING OFFICE % ‘ACTIVE’ PARTICIPANTS BY AGE GROUP % Report as of 10/29/2021 TOTAL ‘ACTIVE’ PARTICIPANTS BY EDUCATION ATTAINMENT Based on resume entries on Education Background, 19% of active participants went to college and indicated their Degrees/Field of Study. The remaining 81% with “N/A”, given that these individuals did not attend, or did not complete college. 81% represent 259 of Active Participants. About 48% of the 259 participants completed high school, 24.7% with “N/A” and 25.1% as “blanks”. 6% indicated that they would like to pursue their education – GED/Adult High School. Report as of 10/29/2021 TOTAL ‘ACTIVE’ PARTICIPANTS BY FIELD OF INTEREST PAYROLL INCOME & EXPENSES | MAY 2020-OCTOBER 2021| As of October 29, 2021, a total of $3,958,013.53 has been expended since the first PREP Pay date on May 27, 2021. There are 5 remaining PREP pays on schedule with the program ending on December 31, 2021. PVA will continue to administer the programs accounting as well as working with the Division of Employment Services in seeking job opportunities for residents. Field of Interest No. Not Stated 70 Tourism Industry ( Hotel & Lodging, Tour Services, etc.) 56 Law Enforcement Officers (National Police, Rangers, Custom/Immigration Officers) 34 Construction, Electrical, Plumbing (Carpentry, Electrical Facilities Maintenance, Plumbing) 33 Farming & Agriculture/ Aquaculture 32 Business & Finance ( Office Admin, Accounting, Retail, etc..) 31 Food & Beverage Services ( Culinary Arts, Waitressing, Catering, etc.) 25 Medical (Nursing, Caregiver, other medical services) 11 Computers & Technology ( IT Essential, Computer, etc.) 7 Heavy Equipment Industry (Operation of various types of heavy equipments) 7 Auto Repair and Mechanic 3 Architecture(Interior Design),Social Science-Linguisitics & Psychology 1 Beauty & Wellness Industry 1 Cultural Education 1 Day trade 1 Environmental Science 1 History and/or Environmental studies 1 Lawyer 1 Political science 1 Small engine and Marine outboard technology 1 Grand Total 318 PROCESS IN SEEKING EMPLOYMENT 1. Vacancies – work with government offices and private sector in seeking potential applicants 2. Requesting Offices will provide to PVA: Minimum requirements/specific skills needed for positions/preferred age range/gender 3. A list of participants is filtered to their request and shared. 4. Requesting Office will then choose and schedule for interview. Report as of 10/29/2021 PAYROLL INCOME & EXPENSES | MAY 2020-OCTOBER 2021| Payroll No. PayPeriod From PayPeriod End PayCheck Date Employee # PREP Funding Debit PREP Payroll Credit YTD Acct. Balance 05/29/20 $ 224,000.00 $ 224,000.00 1 5/11/2020 5/24/2020 5/27/2020 4 $ 784.00 $ 223,216.00 2 5/25/2020 6/7/2020 6/10/2020 15 $ 2,397.77 $ 220,818.23 3 6/8/2020 6/21/2020 6/24/2020 83 $ 15,177.93 $ 205,640.30 4 6/22/2020 7/5/2020 7/8/2020 125 $ 30,317.88 $ 175,322.42 5 7/6/2020 7/19/2020 7/22/2020 165 $ 39,542.13 $ 135,780.29 6 7/20/2021 8/2/2020 8/5/2020 253 $ 59,416.30 $ 76,363.99 8/17/2020 276,000.00 $ 352,363.99 7 8/3/2020 8/16/2020 8/21/2020 360 $ 87,105.92 $ 265,258.07 8 8/17/2020 8/30/2020 9/4/2020 477 $ 117,168.40 $ 148,089.67 9/17/2020 $ 300,000.00 $ 448,089.67 9 8/31/2020 9/13/2020 9/18/2020 573 $ 139,252.78 $ 308,836.89 10 9/14/2020 9/27/2020 10/2/2020 652 $ 167,972.03 $ 140,864.86 10/16/2020 $ 300,000.00 $ 440,864.86 11 9/28/2020 10/11/2020 10/16/2020 670 $ 169,790.32 $ 271,074.54 12 10/12/2020 10/25/2020 10/30/2020 675 $ 172,283.68 $ 98,790.86 11/12/2020 $ 300,000.00 $ 398,790.86 13 10/26/2001 11/8/2020 11/13/2020 678 $ 170,072.21 $ 228,718.65 14 11/9/2020 11/22/2020 11/25/2020 668 $ 178,428.47 $ 50,290.18 12/9/2020 $ 300,000.00 $ 350,290.18 15 11/23/2020 12/6/2020 12/11/2020 672 $ 165,052.01 $ 185,238.17 16 12/7/2020 12/20/2020 12/23/2020 668 $ 179,790.30 $ 5,447.87 1/7/2021 $ 300,000.00 $ 305,447.87 17 12/21/2020 1/3/2021 1/8/2021 660 $ 157,003.02 $ 148,444.85 18 1/4/2021 1/17/2021 1/22/2021 654 $ 174,542.42 $ (26,097.57) 2/2/2021 $ 300,000.00 $ 273,902.43 19 1/18/2021 1/31/2021 2/5/2021 642 $ 175,271.45 $ 98,630.98 20 2/1/2021 2/14/2021 2/24/2021 315 $ 48,517.53 $ 50,113.45 21 2/15/2021 2/28/2021 3/5/2021 423 $ 116,512.39 $ (66,398.94) 3/5/2021 $ 300,000.00 $ 233,601.06 22 3/1/2021 3/14/2021 3/19/2021 417 $ 111,826.75 $ 121,774.31 23 3/15/2021 3/28/2021 4/2/2021 404 $ 105,055.13 $ 16,719.18 4/12/2021 $ 300,000.00 $ 316,719.18 24 3/29/2021 4/11/2021 4/16/2021 391 $ 104,265.88 $ 212,453.30 25 4/12/2021 4/25/2021 4/30/2021 385 $ 102,526.38 $ 109,926.92 26 4/26/2021 5/9/2021 5/14/2021 390 $ 100,819.27 $ 9,107.65 27 5/10/2021 5/23/2021 5/28/2021 392 $ 104,685.90 $ (95,578.25) 6/8/2021 $ 300,000.00 $ 204,421.75 28 5/24/2021 6/6/2021 6/11/2021 381 $ 97,444.38 $ 106,977.37 29 6/7/2021 6/20/2021 6/25/2021 377 102,622.63 $ 4,354.74 30 6/26/2021 7/4/2021 7/8/2021 371 $ 100,683.63 $ (96,328.89) 31 7/5/2021 7/18/2021 7/23/2021 377 $ 97,942.25 $ (194,271.14) 7/26/2021 $ 300,000.00 $ 105,728.86 8/5/2021 $ 300,000.00 $ 405,728.86 32 7/19/2021 8/1/2021 8/6/2021 374 $ 101,892.88 $ 303,835.98 33 8/2/2021 8/15/2021 8/20/2021 366 $ 100,827.13 $ 203,008.85 34 8/16/2021 8/29/2021 9/3/2021 353 $ 94,762.50 $ 108,246.35 35 8/30/2021 9/12/2021 9/17/2021 353 $ 92,835.75 $ 15,410.60 36 9/13/2021 9/26/2021 9/30/2021 345 $ 95,038.13 $ (79,627.53) 10/28/2021 $ 300,000.00 $ 220,372.47 37 10/11/2021 10/24/2021 10/29/2021 291 $ 78,386.00 $ 141,986.47 $ 4,100,000.00 $ 3,958,013.53 $ 141,986.47 Add'l PREP Funding Ck67263 Add'l PREP Funding Ck58261 Add'l PREP Funding Ck60295 Add'l PREP Funding Ck53357 Add'l PERP Payroll Funding Ck32591 Add'l PREP Payroll Funding Ck37989 Add'l PREP Payroll Funding Ck40803 Add'l PREP Funding Ck45227 Add'l PREP Funding Ck48579 PREP Payroll Funding Ck1741 Add'l PREP Payroll Funding Ck20943 Add'l PREP Payroll Funding Ck24183 Add'l PREP Payroll Funding Ck28065 Add'l PREP Payroll Funding Ck31222 Report as of 10/29/2021 Visitor Arrival Statistics: August Report with September & October Taiwan Bubble Arrivals 2020 JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC Totals JAPAN 2,205 2,283 1,264 - - - - 2 - - 4 4 5,762 SOUTH KOREA 1,326 888 488 - - - - - - - - - 2,702 TAIWAN 1,348 834 326 5 - - 1 1 4 1 0 4 1 5 6 2,563 CHINA 3,117 125 5 8 - - - - - - 1 - - 3,301 USA/CANADA 922 644 292 - - 1 1 9 1 3 4 9 1 1 1,906 EUROPE 514 547 178 - - - - 1 - 1 - - 1,241 OTHERS 383 292 140 - 1 3 - - 6 5 1 2 1 888 T o tal Visito r Arrivals 9,815 5,613 2,746 5 1 4 2 0 3 0 7 9 1 6 2 2 1 2 18,363 2021 JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC Totals JAPAN - - 9 - 6 - 4 2 5 4 4 SOUTH KOREA - - - - - - - 6 6 TAIWAN 1 7 2 8 205 9 7 6 1 669 928 357 2,290 CHINA 1 - - - - - - 2 4 2 5 USA/CANADA 2 3 2 9 2 8 4 8 3 9 7 4 269 351 861 EUROPE - - 1 - - - 3 7 1 1 OTHERS 2 3 9 4 2 2 1 7 8 1 120 T o tal Visito r Arrivals 4 3 3 4 5 5 257 144 8 2 294 1,163 928 357 3,357 Arrivals for August 2021 shows a progressive increase compared to same month last year. Arrivals from Taiwan represent 58%, followed by USA/Canada with 30% and Japan, South Korea, Europe, and Others with a combined market share of 12%. China Airlines operates twice a week from Taipei (Taiwan Bubble), and United Airlines operates once a week from Guam. Taiwan bubble arrivals averages at 130 tourists and 6 residents per flight. Arrivals via United Airlines, Military and Private Jets are mainly from USA/CANADA. AIRLINES ✓ United Airlines – Increase to 2x/week – Via Guam| Manila ✓ Asiana/Korean Air ✓ EVA Air ✓ Tiger AirView DocumentNovember 7, 2021
Bureau of Human Resource Report Bureau of Human Resources Report Bureau of Human Resources Bureau of Human Resources Report Total Non-Resident Workers by Nationality No. CITIZENSHIP Totals % Share No. CITIZENSHIP Totals % Share 1 PHILIPPINES 3,397 60% 24 SRI LANKA 3 0.05% 2 BANGLADESH 982 17% 25 VANUATU 3 0.05% 3 PRC (CHINA) 690 12% 26 VIETNAM 3 0.05% 4 JAPAN 112 2.0% 27 AUSTRIA 2 0.04% 5 ROC-TAIWAN 9 9 1.7% 28 NETHERLAND 2 0.04% 6 FSM 7 7 1.4% 29 NIGERIA 2 0.04% 7 USA 5 4 1.0% 30 SINGAPORE 2 0.04% 8 KOREA 4 9 0.9% 31 SOLOMON 2 0.04% 9 INDONESIA 4 2 0.7% 32 BHUTANESE 1 0.02% 10 NEPAL 4 2 0.7% 33 BRAZIL 1 0.02% 11 MALAYSIA 3 0 0.5% 34 CAMBODIA 1 0.02% 12 INDIA 2 2 0.39% 35 EGYPTIAN 1 0.02% 13 BRITAIN 8 0.14% 36 FIJI 1 0.02% 14 GERMANY 8 0.14% 37 HONG KONG 1 0.02% 15 THAILAND 8 0.14% 38 KIRIBATI 1 0.02% 16 SPAIN 6 0.11% 39 NORWEGIAN 1 0.02% 17 ITALY 4 0.07% 40 PAKISTAN 1 0.02% 18 NEW ZEALAND 4 0.07% 41 PORTUEGUESE 1 0.02% 19 AFRICA 3 0.05% 42 SOLOMON IS 1 0.02% 20 AUSTRALIA 3 0.05% 43 SOUTH AFRICAN 1 0.02% 21 CANADA 3 0.05% 44 UKRAINE 1 0.02% 22 MARSHALL ISLANDS 3 0.05% 45 VENEZUELA 1 0.02% 23 RUSSIA 3 0.05% Grand Total By NA TIONA L ITY 5,682 Bureau of Human Resources Report Total Non -Resident Workers by Nationality Philippine nationals represent 60% of the total non-resident workforce, followed by Bangladeshi nationals with 17%, China – 12% and so forth. Others, which are combined number of workers with less than 10 per nationality represent about 2% of the total workforce. NATIONALITY TOTAL WORKERS %SHARE% PHILIPPINES 3397 60% BANGLADESH 982 17% CHINA 690 12% JAPAN 112 2.0% TAIWAN 99 1.7% OTHERS 86 1.5% FSM 77 1.4% USA 54 1.0% KOREA 49 0.9% INDONESIA 42 0.7% NEPAL 42 0.7% MALAYSIA 30 0.5% INDIA 22 0.39% Bureau of Human Resources Report Ranking OCCUPATION Total Workers Ranking OCCUPATION Total Workers 1 CARPENTER-GENERAL 339 2 6 DIVE INSTRUCTOR 4 7 2 MASON 298 2 7 MECHANIC-AUTO 4 7 3 DOMESTIC HELPER 267 2 8 PLUMBER 4 1 4 FARMER 257 2 9 DIVE GUIDE 4 0 5 WAITRESS 213 3 0 LABORER-GENERAL 4 0 6 CASHIER-GENERAL 205 3 1 CHAMBERMAID 3 9 7 TOUR GUIDE 179 3 2 COMPUTER PROGRAMMER 3 8 8 COOK-GENERAL 177 3 3 GENERAL HELPER 3 8 9 MAINTENANCE-GENERAL 130 3 4 SECRETARY 3 7 1 0 ACCOUNTANT 103 3 5 ASSISTANT COOK 3 6 1 1 HOUSEBOY 9 0 3 6 WELDER-GENERAL 3 6 1 2 MANAGER-GENERAL 8 8 3 7 CLERK-ACCOUNT 3 5 1 3 FARM HELPER/HANDLER 7 0 3 8 CLERK-OFFICE 3 5 1 4 CLERK-SALES 6 8 3 9 CASHIER-STORE 3 3 1 5 ELECTRICIAN 6 8 4 0 TECHNICIAN-AC/REF 3 1 1 6 HOUSEKEEPER 6 7 4 1 ATTENDANT-GAS STATION 3 0 1 7 CARPENTER-MASON 6 6 4 2 WAREHOUSEMAN 3 0 1 8 MERCHANDISER 6 6 4 3 ATTENDANT-LAUNDRY 2 9 1 9 DRIVER-AUTO 6 5 4 4 CAREGIVER 2 9 2 0 HELPER-KITCHEN 5 7 4 5 WORKER-CONSTRUCTION 2 9 2 1 MANAGER 5 5 4 6 CHEF 2 8 2 2 GUARD-SECURITY 5 2 4 7 SALESMAN-GENERAL 2 7 2 3 TOUR GUIDE ASST. 5 0 4 8 CARPENTER-FINISHING 2 6 2 4 BEAUTICIAN 4 8 4 9 JANITOR/JANITRESS 2 6 2 5 CLERK-FRONT DESK 4 7 5 0 STOREKEEPER 2 6 TOP 50 OCCUPATIONS FILLED BY NON-RESIDENT WORKERS Table shows the top 50 occupations filled by non-resident workers. It shows that ‘CARPENTERSGENERAL has the most employment, followed by Mason, Domestic Helper, Farmer, Waitress. Cashiergeneral, Tour Guide, Cook, Maintenance-General, then Account. Each position is occupied by more than 100 foreign workers. Bureau of Human Resources Report OCCUPATIONS BY PHILLIPINE NATIONALS ONLY OCCUPATION Total OCCUPATION Total OCCUPATION Total DOMESTIC HELPER 255 CLERK-FRONT DESK 4 4 WAREHOUSEMAN 2 2 CARPENTER-GENERAL 251 WAITRESS 4 3 BOOKKEEPER 2 1 FARMER 191 COOK-GENERAL 4 0 CASHIER-STORE 2 1 MASON 166 MECHANIC-AUTO 4 0 ENTERTAINER 2 1 WAITRESS 163 CHAMBERMAID 3 6 GUARD-SECURITY 2 0 CASHIER-GENERAL 129 TOUR GUIDE 3 5 TOUR GUIDE ASST. 2 0 MASON 127 ASSISTANT COOK 3 4 CUSTOMER SERVICE REP. 2 0 COOK-GENERAL 123 CLERK-ACCOUNT 3 4 BARTENDER 2 0 TOUR GUIDE 9 7 FARMER 3 2 ENGINEER-CIVIL 2 0 ACCOUNTANT 8 6 MANAGER-GENERAL 3 0 TEACHER-CLASSROOM 2 0 CARPENTER-GENERAL 7 5 HOUSEBOY 3 0 FARM HELPER/HANDLER 1 9 MAINTENANCE-GENERAL 7 2 TECHNICIAN-AC/REF 3 0 CARPENTER-MASON 1 8 HOUSEBOY 5 5 SECRETARY 2 9 FARM HELPER 1 8 HOUSEKEEPER 5 3 MANAGER 2 8 COMPUTER PROGRAMMER 1 8 ELECTRICIAN 5 1 CAREGIVER 2 8 ATTENDANT-GAS STATION 1 8 CASHIER-GENERAL 4 9 GUARD-SECURITY 2 7 CARETAKER 1 8 FARM HELPER/HANDLER 4 9 WELDER-GENERAL 2 7 OPERATOR-H/E 1 8 MAINTENANCE-GENERAL 4 9 TOUR GUIDE ASST. 2 6 GENERAL HELPER 1 7 CARPENTER-MASON 4 8 ATTENDANT-LAUNDRY 2 5 COMPUTER PROGRAMMER 1 7 BEAUTICIAN 4 7 JANITOR/JANITRESS 2 5 CARPENTER-FINISHING 1 7 DRIVER-AUTO 4 7 PLUMBER 2 5 GENERAL HELPER 1 7 CLERK-SALES 4 6 FARMER 2 4 WAITER 1 7 HELPER-KITCHEN 4 6 CLERK-INVENTORY 2 3 WORKER-CONSTRUCTION 1 6 MERCHANDISER 4 6 CLERK-OFFICE 2 3 FISHERMAN 1 6 OCCUPATION Total OCCUPATION Total OCCUPATION Total FARMER 191 FARM HANDLER 7 LINEMAN 2 MASON 166 ATTENDANT-GAS STATION 6 MANAGER 2 CARPENTER-GENERAL 7 5 DOMESTIC HELPER 6 OPERATOR-H/E 2 HOUSEBOY 5 5 MANAGER-GENERAL 6 STEELMAN 2 CASHIER-GENERAL 4 9 MERCHANDISER 6 TIREMAN 2 FARM HELPER/HANDLER 4 9 PAINTER-GENERAL 6 TIREMAN HELPER 2 MAINTENANCE-GENERAL 4 9 WORKER-CONSTRUCTION 6 WAREHOUSEMAN 2 GUARD-SECURITY 2 0 CAR WASHER 5 ASST. STOCKROOM CONTROLLER 1 TOUR GUIDE ASST. 2 0 HELPER-KITCHEN 5 ATTENDANT-LAUNDRY 1 CARPENTER-MASON 1 8 WELDER-GENERAL 5 BOAT ASSISTANT 1 FARM HELPER 1 8 HOUSEKEEPER 4 BUS DRIVER 1 GENERAL HELPER 1 7 HOUSEMAN/HOUSEMAID 4 CARPENTER 1 LABORER-GENERAL 1 5 MAINTENANCE-HELPER 4 CASHIER 1 ELECTRICIAN 1 4 SUPERVISOR-GENERAL 4 CLERK INVENTORY 2 SALESMAN-GENERAL 1 2 COOK-GENERAL 3 CONST. WORKER 1 PLUMBER 1 0 MAINTENANCE 3 DELIVERY HELPER 1 STOREKEEPER 1 0 MECHANIC-AUTO 3 DELIVERYMAN 1 CASHIER-STORE 9 STEWARD/STEWARDESS 3 DISHWASHER 1 DRIVER-AUTO 9 CHAMBERMAID 2 DIVE-MASTER 1 GARDENER 9 COMPRESSOR MAN 2 DRIVER-HEAVY TRUCK 1 TOUR GUIDE 9 HELPER-QUARRY 2 FOOD PROCESSOR 1 CARPENTER-FINISHING 8 LANDSCAPER 2 FOREMAN-CONSTRUCTION 1 OCCUPATIONS BY BANGLADESHI NATIONALS ONLY Bureau of Human Resources Report OCCUPATIONS BY PEOPLES REPUBLIC OF CHINA NATIONALS ONLY OCCUPATION Totals OCCUPATION Totals OCCUPATION Totals TOUR GUIDE 9 7 DRIVER-AUTO 7 MANAGER-BUSINESS DEV. 3 WAITRESS 4 3 MERCHANDISER 6 MECHANIC-AUTO 3 COOK-GENERAL 4 0 NETWORK SYSTEM ENGINEER 6 PLUMBER 3 FARMER 3 2 SUPERVISOR-GENERAL 6 RECEPTIONIST 3 MANAGER-GENERAL 3 0 DOMESTIC HELPER 5 TRANSLATOR 3 MANAGER 2 8 SALES LADY 5 WAITER 3 CUSTOMER SERVICE REP. 2 0 TECHNICIAN-ELECTRICAL 5 WELDER-GENERAL 3 COMPUTER PROGRAMMER 1 8 DIVE GUIDE 4 ARCHITECT 2 WORKER-CONSTRUCTION 1 6 HELPER-KITCHEN 4 ATTENDANT-LAUNDRY 2 CHEF 1 4 MAINTENANCE-GENERAL 4 CAR WASHER 2 CASHIER-GENERAL 1 3 MANAGER-SALES 4 CASHIER-STORE 2 CLERK-SALES 1 3 MASON 4 CLERK-STORE 2 MASSEUR/MASSAGE 1 2 SALESMAN-GENERAL 4 COOK-CHIEF 2 CARPENTER-GENERAL 1 1 SECRETARY 4 COORDINATOR 2 SALES AGENT 1 1 ADMIN. ASSISTANT 3 COORDINATOR-CHINESE FLEET 2 LABORER-GENERAL 1 0 ADMINISTRATOR-OFFICE 3 COORDINATOR-TOUR 2 CLERK-OFFICE 9 ASSISTANT-GENERAL MANAGER 3 GENERAL HELPER 2 CLERK-GENERAL 8 CONSULTANT-SPECIAL 3 IT SPECIALIST 2 HOUSEKEEPER 8 DRESSMAKER/SEWER 3 MANAGER-MARKETING 2 ACCOUNTANT 7 ELECTRICIAN 3 MANAGER-OPERATION 2 BRICK LAYER 7 ENGINEER-COMPUTER SYSTEM 3 MANAGER-RESTAURANT 2 DIVE INSTRUCTOR 7 INFORMATION TECH. 3 MASSAGE THERAPIST 2 Bureau of Human Resources Report EFF DATE DESC AMOUNT EFF DATE DESC AMOUNT 10/1/2020 START OF YEAR BALANCE $ (141,879.00) 10/27/2021 CASH RECEIPT $ (8,640.00) 2/24/2021 ACCOUNTS PAYABLE $ 400.00 10/27/2021 CASH RECEIPT $ (1,572.00) 4/30/2021 ACCOUNTS PAYABLE $ 400.00 10/27/2021 CASH RECEIPT $ (1,572.00) 6/25/2021 CASH RECEIPT $ (400.00) 10/27/2021 CASH RECEIPT $ (1,672.00) 7/26/2021 ACCOUNTS PAYABLE $ 400.00 10/27/2021 CASH RECEIPT $ (1,672.00) 8/2/2021 CASH RECEIPT $ (400.00) 10/27/2021 CASH RECEIPT $ (15,048.00) 8/6/2021 ACCOUNTS PAYABLE $ 800.00 10/14/2021 CASH RECEIPT $ (1,572.00) 9/15/2021 ACCOUNTS PAYABLE $ 600.00 10/14/2021 CASH RECEIPT $ (1,672.00) 10/5/2021 CASH RECEIPT $ (1,672.00) 10/5/2021 CASH RECEIPT $ (1,672.00) $ (140,079.00) $ (36,764.00) GRAND TOTAL FY2021 & OCT FY22 $ (176,843.00) CASH BOND COLLECTION FY 2021 CASH BOND COLLECTION FY 2022 Total FY21 Total Oct FY22 CASH BOND COLLECTION FY 2021 & OCT FY 2022 Bureau of Human Resources Report NEW TRANSFER EXTENSION FISHERMAN PHYSICAL 146 183 1 6 6 PHONE 6 4 130 2647 0 INTERVIEW 1 9 4 4 1 0 0 SUB-TOTAL 229 357 2673 6 GRAND TOTAL INSPECTION ACTIVITIES 3,265 MONITORING ACTIVITIES TOTAL 173 CITATION ISSUED, VIOLATION OF: 13 PNC SECTION 1049 - OUTSIDE EMPLOYMENT 3 3 13 PNC SECTION 1047 - NOT CARRYING WORK PERMIT 2 TOTAL 3 5 FY 2021 LABOR COMPLIANCE ACTIVITIES (10.01.2020 – 09.30.2021) Bureau of Human Resources Report TOTAL CASES 410 PENDING CASES 195 CLOSED CASES 215 FY 2020 CASES CASE REASON Total % APPLICATION CANCELLATION 85 24.6% BUSINESS CLOSURE 79 22.9% SALARY 62 18.0% TERMINATION 47 13.6% AIRFARE 30 8.7% RESIGNATION 12 3.5% INSUBORDINATION 6 1.7% MALTREATMENT 5 1.4% RUNAWAY 4 1.2% INATTENTIVE 4 0.9% OVERWORKED 3 0.9% MEDICAL 2 0.6% OVERSTAY 2 0.6% ILLEGAL EMPLOYMENT 2 0.6% PERMIT REVOKED 1 0.3% ABANDON 1 0.3% TOTAL CASES PENDING CASES CLOSED CASES COMPLIANCE ACTIVITIES 345 215 130 FY 2021 LABOR COMPLIANCE ACTIVITIES (10.01.2020 – 09.30.2021) Bureau of Human Resources Report RE-EMPLOYMENT PROGRAM REPORT as of Oct. 29, 2021 RE-EMPLOYMENT PROGRAM REPORT AS OF OCT. 29, 2021 TOTAL ENTRIES 536 TOTAL EMPLOYERS 220 TOTAL OF EMPLOYERS ENROLLED IN PROGRAM 220 NON-RES. WORKERS 297 REPATRIATION 1 9 EMPLOYERS ALREADY WITH A POTENTIAL EMPLOYEE 2 3 NATIONALITY EMPLOYERS WITHOUT A POTENTIAL EMPLOYEE 197 PHILIPPINES 160 BANGLADESH 9 2 CHINA 2 7 TOTAL OF EMPLOYEES ENROLLED IN PROGRAM 297 INDONESIA 8 TAIWAN 4 EMPLOYEES ALREADY WITH A POTENTIAL EMPLOYER 280 INDIA 2 GHANA 1 EMPLOYEES WITHOUT A POTENTIAL EMPLOYER 1 7 THAILAND 1 CAMBODIA 1 JAPAN 1 TOTAL OF APPLICATIONS SUBMITTED 174 TOTAL: 297 COMPLETED WITH NEW PERMIT ISSUED 106 APPLICATIONS STILL PROCESSING OR INVOICE READY/PENDING PAYMENT 6 8 10 TEST ENTRIES REPATRIATION ENTRIES IN THE RE-EMPLOYMENT PROGRAM 1 9 TOTAL AMOUNT OF ENTRIES IN THE PROGRAM (BOTH EMPLOYER & EMPLOYEE) 536 APPLICANT EMPLOYER FARMER 42 GENERAL HELPER 36 DOMESTIC HELPER 33 OTHERS 31 HOUSEBOY 30 CONSTRUCTION 19 CARETAKER 6 BABY SITTER 5 CAREGIVER 5 ACCOUNTANT 2 BEAUTICIAN 2 CLERK 2 HOUSEKEEPER 2 COMPANION 1 COOK 1 SECRETARY 1 WAITRESS 1 LAUNDROMAT ATTENDANT 1 TOTAL 220 Bureau of Human Resources Report TILE-SETTER 1 TOUR COORDINATOR 1 UTILITY SERVICE 1 WELDER 1 WORKER-CONSTRUCTION 1 TOTAL: 292 OCCUPATION NON-RESIDENT WORKERS FARMER 35 WAITRESS 22 MASON 20 CARPENTER 19 DOMESTIC HELPER 18 CASHIER 16 COOK 11 TOUR GUIDE ASSISTANT 11 DRIVER 9 HOUSEBOY 9 HOUSEKEEPER 9 TOUR GUIDE 9 FISHERMAN 8 MAINTENANCE 7 CLERK 7 CAREGIVER 6 WAITER 5 KITCHEN-HELPER 4 TOURIST 4 ACCOUNTANT 3 BEAUTICIAN 3 CHAMBERMAID 3 FRONT DESK CLERK 3 OFFICE-CLERK 3 JANITRESS 2 MANAGER 2 DIVE INSTRUCTOR 2 ELECTRICIAN 2 GARDENER 2 OCCUPATION NONRESIDENT WORKERS GENERAL-HELPER 2 ADMIN-ASSISTANT 2 MASSAGE HELPER 2 SECRETARY 2 WAREHOUSEMAN 2 ASSISTANT COOK 1 ASSISTANT SITE ENGINEER 1 AUTO PARTS ANALYST 1 BAKER-GENERAL 1 COMPUTER PROGRAMMER 1 ENGINEER-CIVIL 1 ENGINEER-GENERAL 1 EXECUTIVE-ADMINISTRATOR 1 F&B MANAGER 1 FOOD HANDLER 1 GEODETIC-ENGINEER 1 HR MANAGER 1 LABORER 1 MARKET AGENT 1 MERCHANDISER 1 PAINTER 1 PERSONAL ASSISTANT 1 PLUMBER 1 SAFETY OFFICER 1 SALES AGENT 1 SALES-CLERK 1 SALES MANAGER 1 SALES-LADY 1 SPOUSE PERMIT 1 STAFF-HR 1 SUPERVISOR 1 SYSTEM ADMINISTRATOR 1 TECHNICIAN-AC/REF 1 OCCUPATION NONRESIDENT WORKERSView DocumentNovember 7, 2021
Citizenship ActCITIZENSHIP ACT 13 PNCA § 101 TITLE 13 CITIZENSHIP AND IMMIGRATION DIVISION 1 CITIZENSHIP Chapter 1 Citizenship Act Subchapter I General Provisions § 101. Short title. § 102. Definitions. § 103. Bureau of Immigration and Foreign Labor. § 104. Copies of records. § 105. Issuance of certificate of naturalization or citizenship. § 106. Documents and copies issued by the Minister of Justice. § 101. Short title. This chapter shall be known as the “Citizenship Act.” Source RPPL 1-62 § 101, modified. Amended by RPPL 9-3 § 2[101]. Notes All references to “Bureau of Immigration” shall hereby be amended to “Bureau of Immigration and Foreign Labor” pursuant to RPPL 9-14 § 12. RPPL 9-3 § 1 reads:. Legislative Findings. In the November 2004 General Election, the people of the Republic of Palau approved an amendment to Article III of the Constitution, which established that a person’s citizenship in other foreign nations would not disqualify an individual of recognized Palauan ancestry from retaining Palauan citizenship or becoming a citizen of the Republic of Palau. In the November 2008 General Election, the people approved a further amendment to Article III of the Constitution, thereby again changing the law with respect to dual citizenship. The subject amendment states in pertinent part that, “Citizenship of other foreign nations shall not affect a person’s Palauan citizenship.” ROP v. M/V Aesarea, 1 ROP Intrm. 429, 432 (1988). Supp. 12 13 - 1 13 PNCA § 102 CITIZENSHIP AND IMMIGRATION § 102. Definitions. In this title: (a) “Available” means able to be on the island on which the employer desires workers on the date the employer states the workers are desired. (b) “Bureau” means the Bureau of Immigration and Foreign Labor within the Ministry of Justice. (c) “Citizen of any other nation” means any natural person who is not a citizen of the Republic. (d) “Director” means the Director of the Bureau of Immigration and Foreign Labor within the Ministry of Justice. (e) “Employer” means any individual, partnership, association, or corporation hiring employees in the Republic and any individual who has in his employ a domestic servant, but does not include any branch or agency of the national government. (f) “Employment service” means the employment service established under this title. (g) “Employment service officer” means the official who is the head of the employment service established under this title. (h) “Naturalization” means the conferring of citizenship upon a person after birth, pursuant to this chapter. (i) “Nonresident worker” means any person who is capable of performing services or labor and who is not a citizen of the Republic or an immigrant alien admitted to the Republic for permanent residence under the provisions of this title, including persons acting in a professional, managerial, or executive capacity. (j) “Of recognized Palauan ancestry” means of Palauan blood as may be determined by testimony or evidence admissible in a court of law. (k) “Resident worker” means any person who is capable of performing services or labor and who is a citizen of the Republic or an immigrant alien admitted to the Republic for permanent residence under the provisions of this title, including persons acting in a Supp. 12 13 - 2 CITIZENSHIP ACT 13 PNCA § 104 professional, managerial, or executive capacity. (l) “Skilled worker” means an employee with specialized skills, training, knowledge, and acquired ability in order to perform the duties of their employment, such as software development, paramedics, physicians, heavy equipment operator, mechanics, plumbers, craftsmen, and accountants. (m) “Special mail” means certified mail if the addressee is located in the Republic, in the United States or in what has become known as the Trust Territory of the Pacific Islands and means registered return receipt requested if the addressee is located anywhere else in the world. The term “is located” means the last known address. Source RPPL 1-62 § 102, § 102(e) omitted as unnecessary and section modified. Subsection (b) amended by RPPL 6-26 § 19(a)[102(b)]. Amended in its entirety by RPPL 9-3 § 2[102]. Amended by RPPL 9-14 § 10, modified. Amended by RPPL 10-19 § 2 to insert a new definition. Notes Subsection (m) “Skilled worker” inserted by RPPL 10-19 § 2 is re-lettered as subsection (l) and former subsection (l) re-lettered as (m), and all definitions put to alphabetical order to comply with the Code format. § 103. Bureau of Immigration and Foreign Labor. There is hereby established a Bureau of Immigration and Foreign Labor within the Ministry of Justice. Source RPPL 1-62 § 103. Amended by RPPL 6-26 § 19(b)[103]. Amended by RPL 9-3 § 2[103]. Notes All references to “Bureau of Immigration” shall hereby be amended to ‘Bureau of Immigration and Foreign Labor” pursuant to RPPL 9-14 § 12. § 104. Copies of records. Certifications and certified copies of all papers, documents, certificates and records required or authorized to be issued, used, filed, recorded, or kept under any and all provisions of this chapter shall be admitted in evidence equally with the originals in any and all cases and proceedings under this chapter and in all cases and proceedings in which the originals thereof might be admissible as evidence. Supp. 12 13 - 3 13 PNCA § 104 CITIZENSHIP AND IMMIGRATION Source RPPL 1-62 § 104, modified. § 105. Issuance of certificate of naturalization or citizenship. A certificate of naturalization or of citizenship may be issued by the Minister of Justice under the authority of this chapter upon the request of a citizen of Palau and have the same effect in all courts and public offices of the Republic, at home and abroad, as a certificate of naturalization or of citizenship issued by a court having naturalization jurisdiction. Source RPPL 1-62 § 105, modified. § 106. Documents and copies issued by the Minister of Justice. (a) If any certificate of naturalization or citizenship issued to any citizen or any declaration of intention furnished to any declarant is lost, mutilated, or destroyed, the citizen or declarant may make application to the Minister of Justice for a new certificate or declaration. If the Minister of Justice finds that the certificate or declaration is lost, mutilated, or destroyed, he shall issue to the applicant a new certificate or declaration. (b) If the name of any naturalized citizen has, subsequent to naturalization, been changed by order of any court of competent jurisdiction, or by marriage, the citizen may make application for a new certificate of naturalization in the new name of such citizen. If the Minister of Justice finds the name of the applicant to have been changed as claimed, the Minister of Justice shall issue to the applicant a new certificate and shall notify the court of such action. Source RPPL 1-62 § 106, modified. Subchapter II Dual Citizenship Permitted § 121. Retention of Palauan citizenship by those who are also citizens of another. § 122. Certificates of citizenship; procedure. Supp. 12 13 - 4 CITIZENSHIP ACT 13 PNCA § 122 § 121. Retention of Palauan citizenship by those who are also citizens of another. A citizen of Palau, who is also a citizen of another nation, shall be entitled to retain his Palauan citizenship and such dual citizenship unless or until citizenship of either country is renounced or otherwise lost. Source RPPL 1-62 § 201, modified. Amended by RPPL 9-3 § 2[121]. Cross-reference ROP Const., Art. III, § 3. Notes Tengadik v. King, 17 ROP 35, 39 (2009). § 122. Certificates of citizenship; procedure. Upon proof to the Minister of Justice or upon determination by the court and court order that a citizen who elects to retain Palauan citizenship has complied with all constitutional and legal requirements, and upon a specific request therefor by the citizen, such citizen shall be furnished by the Minister of Justice with a certificate of citizenship. If such applicant is outside of the Republic, the Minister of Justice shall send by mail the duly acquired certificate of citizenship. Source RPPL 1-62 § 202. Subchapter III Naturalization § 131. Jurisdiction to naturalize. § 132. Requirements as to naturalization. § 133. Rules. § 134. Forms. § 135. Oaths. § 136. Petition for naturalization; who and when. § 137. Investigation of petitioners; preliminary examination; taking testimony; aid of the court. § 138. Same; recommendations of examiner; submission to the court. § 139. Final hearing to be held in open court; Minister’s right to participate; subpoena of witnesses. § 140. Oath of allegiance. Supp. 12 13 - 5 13 PNCA § 131 CITIZENSHIP AND IMMIGRATION § 141. Certificate of naturalization; contents. § 142. Functions and duties of Clerk of Courts. § 143. Revocation of naturalization. § 131. Jurisdiction to naturalize. (a) Exclusive jurisdiction to naturalize persons as citizens of the Republic is hereby conferred upon the Supreme Court of the Republic of Palau. (b) A person may be naturalized as a citizen of the Republic in the manner and under the conditions prescribed in this chapter, and not otherwise. Source RPPL 1-62 § 301, modified. Cross-reference ROP Const., Art. III, § 4; Art. IX, § 5(4). § 132. Requirements as to naturalization. Only persons born of parents, one or both of whom are of recognized Palauan ancestry, may be eligible to become naturalized citizens. Source RPPL 1-62 § 302. Cross-reference ROP Const., Art. III, § 4. § 133. Rules. The Minister of Justice shall promulgate rules and regulations pursuant to the Administrative Procedures Act of Chapter 1, Title 6 of this Code, as may be necessary to effectuate the purposes of this chapter. Source RPPL 1-62 § 303(a), modified. Amended by RPPL 9-3 § 2[133]. Supp. 12 13 - 6 CITIZENSHIP ACT 13 PNCA § 136 § 134. Forms. The Minister of Justice shall prescribe and furnish such forms as may be required to give effect to the provisions of this chapter, and only such forms as may be so provided shall be legal. Source RPPL 1-62 § 303(b), modified. § 135. Oaths. Employees may be designated by the Minister of Justice to administer oaths and to take depositions relating to the administration of this chapter. Source RPPL 1-62 § 303(c), modified. § 136. Petition for naturalization; who and when. (a) An applicant for naturalization shall make and file in the Office of the Clerk of Courts, in duplicate, a sworn petition in writing, signed by the applicant in the applicant’s own handwriting if physically able to write, and duly verified by two witnesses, which petition shall be on a form prescribed by the Minister of Justice and shall include averments of all facts which in the opinion of the Minister of Justice may be material to the applicant’s naturalization, and required to be proved upon the hearing of such petition. (b) No person shall file a valid petition for naturalization unless: (1) he or she shall have attained the age of eighteen (18) years and be born of parents, one or both of whom are citizens of Palau or are of recognized Palauan ancestry, and (2) he or she shall have first filed an application at the Bureau in the form and manner prescribed by the Minister of Justice. (c) Petitions for naturalization shall be docketed the same day as filed, but final action thereon shall be had only on stated days, to be fixed by rule of the court. Source RPPL 1-62 § 304, modified. Subsection (b)(2) amended by RPPL 6-26 § 19(c)[136(b)(2)]. Amended by RPPL 9-3 § 2[136]. Supp. 12 13 - 7 13 PNCA § 137 CITIZENSHIP AND IMMIGRATION § 137. Investigation of petitioners; preliminary examination; taking testimony; aid of the court. (a) At any time prior to the holding of the final hearing on a petition for naturalization provided for by section 139 of this subchapter the Minister of Justice may designate employees of the Bureau to conduct preliminary examinations upon such petitions and to make recommendations thereon to such court. For such purposes any such employee so designated is hereby authorized to take testimony concerning any matter touching, or in any way affecting the admissibility of any petitioner for naturalization, to administer oaths, including the oath of the petitioner for naturalization and the oaths of petitioner’s witnesses to the petition for naturalization, and to require by subpoena, the attendance and testimony of witnesses, including petitioner, before such employee so designated and the production of relevant books, papers, and documents, and to that end may invoke the aid of the court. The court may, in the event of neglect or refusal to respond to a subpoena issued by any such employee so designated, or refusal to testify before such employee so designated, issue an order requiring such person to appear before such employee so designated, and produce relevant books, papers, and documents if demanded, and to testify. Any failure to obey such order of the court may be punished by the court as a contempt thereof. The record of the preliminary examination authorized by this subsection shall be admissible as evidence in any final hearing conducted by the court. (b) The record of the preliminary examination upon any petition for naturalization and recommendation relating thereto, shall upon request by the Minister [be made] by the employee designated to conduct such examination. Source RPPL 1-62 §§ 305(a) and (b), modified. Subsection (a) amended by RPPL 6-26 § 19(d)[137(a)]. Notes The bracketed [be made] added by editor as complying with likely intention of legislation. § 138. Same; recommendations of examiner; submission to the court. The recommendations of the employee designated to conduct any such preliminary examination shall be submitted to the court at the hearing upon the petition and shall include a recommendation that the petition be granted, or denied, or continued, with reasons therefor. In any case in which the recommendation of the Minister of Justice does not agree with that of the employee designated to conduct such preliminary examination, the recommendations of both such employee and the Minister of Justice shall be submitted to the court at the hearing upon the petition, and the officer of the Bureau in attendance at such hearing shall, at the request of the Supp. 12 13 - 8 CITIZENSHIP ACT 13 PNCA § 140 court, present both the views of such employee and those of the Minister of Justice with respect to such petition to the court. Source RPPL 1-62 § 305(c), made into separate section and modified. Amended by RPPL 6-26 § 19(e)[138]. § 139. Final hearing to be held in open court; Minister’s right to participate; subpoena of witnesses. (a) Every final hearing upon a petition for naturalization shall be had in open court before a justice thereof, and every final order which may be made upon such petition shall be under the hand of the court and entered into in full upon a record kept for the purpose, and upon such final hearing of such petition the petitioner and the witnesses shall be examined under oath before the court and in the presence of a justice of the court. If the petitioner is prevented by sickness or other disability from being in open court for the final hearing upon a petition for naturalization, such final hearing may be had before a justice of the court at such place as may be designated by the court. (b) The Attorney General shall have the right to appear before the court in any naturalization proceedings for the purpose of cross-examining the petitioner and the witnesses produced in support of the petition concerning any matter touching or in any way affecting the petitioner’s right to admission to citizenship, and shall have the right to call witnesses, including the petitioner, produce evidence, and be heard in opposition to, or in favor of, the granting of any petition in naturalization proceedings. (c) The Clerk of Courts shall, if the petitioner requests it within the time fixed by the Court, issue a subpoena for the witnesses named by such petitioner to appear upon the day set for any hearing. Source RPPL 1-62 § 306, modified. Amended by RPPL 9-3 § 2[139]. § 140. Oath of allegiance. (a) A person who has petitioned for naturalization shall, in order to be and before being admitted to citizenship, take in open court an oath: (1) to support the Constitution of the Republic; Supp. 12 13 - 9 13 PNCA § 140 CITIZENSHIP AND IMMIGRATION (2) to defend the Constitution and the laws of the Republic against all enemies; and (3) to bear true faith and allegiance to the same. (b) If the petitioner is prevented by sickness or other disability from being in open court, the oath required to be taken by subsection (a) of this section may be taken before a justice of the court at such place as may be designated by the court. Source RPPL 1-62 § 307, modified. Amended by RPPL 9-3 § 2[140]. Cross-reference ROP Const., Art. III, § 4. § 141. Certificate of naturalization; contents. A person admitted to citizenship by the Supreme Court in conformity with the provisions of this subchapter shall be entitled upon such admission to receive from the Clerk of Courts a certificate of naturalization, which shall contain substantially the following information: (a) number of petition for naturalization; (b) number of certificate of naturalization; (c) date of naturalization; (d) name, place of residence, and personal description of naturalized person, including place of birth, date of birth, sex, marital status, and country of former nationality; (e) statement that the petitioner has complied in all respects with all of the applicable provisions of the naturalization laws of the Republic, and was entitled to be admitted a citizen of the Republic; (f) attestation of the Clerk of Courts; and (g) seal of the Court. Source RPPL 1-62 § 308, modified. Amended by RPPL 9-3 § 2[141]. Supp. 12 13 - 10 CITIZENSHIP ACT 13 PNCA § 143 § 142. Functions and duties of Clerk of Courts. (a) It shall be the duty of the Clerk of Courts to forward to the Minister of Justice a duplicate of each petition for naturalization within fifteen (15) days after the close of the month in which such petition was filed, and to forward to the Minister of Justice certified copies of such other proceedings and orders instituted in or issued out of the court affecting or relating to the naturalization of persons as may be required from time to time by the Minister of Justice. (b) It shall be the duty of the Clerk of Courts to issue to any person admitted by the court to citizenship a certificate of naturalization and to forward to the Minister of Justice within fifteen (15) days after the close of the month in which such certificate was issued, and to make and keep on file in the Office of the Clerk of Courts, duplicates thereof. (c) It shall be the duty of the Clerk of Courts to report to the Minister of Justice within fifteen (15) days after the close of the month in which the final hearing and decision of the court was had, the name and number of the petition of each and every person who shall be denied naturalization together with the cause of such denial. Source RPPL 1-62 § 309, modified. § 143. Revocation of naturalization. (a) It shall be the duty of the Attorney General, upon the showing of good cause, to institute proceedings in the Supreme Court, for the purpose of revoking and setting aside the order admitting a person to citizenship and canceling the certificate of naturalization on the ground that such order and certificate of naturalization were illegally procured or were procured by concealment of a material fact or by willful misrepresentation, and such revocation and setting aside of the order admitting such person to citizenship and such canceling of certificate of naturalization shall be effective as of the original date of the order and certificate. (b) The party to whom was granted the naturalization alleged to have been illegally procured or procured by concealment of a material fact or by willful misrepresentation shall, in any such proceedings under subsection (a) of this section, have sixty (60) days personal notice, unless waived by such party, in which to make answer to the petition of the Republic of Palau; and if such naturalized person be absent from the Republic, such notice shall be given either by personal service upon him or by certified mail. Supp. 12 13 - 11 13 PNCA § 143 CITIZENSHIP AND IMMIGRATION (c) Whenever an order admitting an applicant to citizenship shall be revoked and set aside or a certificate of naturalization shall be canceled, or both, the court shall make an order canceling such certificate and shall send a certified copy of such order to the Minister of Justice and to the Minister of State. A person holding a certificate of naturalization or citizenship which has been canceled as provided by this section shall upon notice by which the decree of cancellation was made, or by the Minister of Justice, surrender the same to the Minister of Justice. (d) Nothing contained in this section shall be regarded as limiting, denying or restricting the power of any court, by or in which a person has been naturalized, to correct, reopen, alter, modify, or vacate its judgment or decree naturalizing such person, as may be prescribed by the rules of procedure or statutes governing the jurisdiction of the court to take such action. Source RPPL 1-62 § 310. Amended by RPPL 9-3 § 2[143], modified. Supp. 12 13 - 12 TRUST TERRITORY CITIZENSHIP 13 PNCA § 202 Chapter 2 Trust Territory Citizenship § 201. Natural citizens. § 202. Naturalization; authority of High Commissioner to grant. § 203. Same; cancellation. § 204. Emigration. § 201. Natural citizens. (a) All persons born in the Trust Territory shall be deemed to be citizens of the Trust Territory, except persons born in the Trust Territory, who at birth or otherwise have acquired another nationality. (b) A child born outside the Trust Territory of parents who are citizens of the Trust Territory shall be considered a citizen of the Trust Territory while under the age of 21 years, and thereafter if he becomes a permanent resident of the Trust Territory while under the age of 21 years. Source (Code 1966, § 660.) 53 TTC § 1. § 202. Naturalization; authority of High Commissioner to grant. The High Commissioner may grant Trust Territory citizenship to persons who: (a) are 18 years of age or over; (b) are of good moral character, as certified by the district administrator and two leading citizens of the community in which they intend to reside; (c) have not acquired, or who renounce, previous citizenship and renounce allegiance to any and all foreign powers and rulers; (d) have been permanent residents of and legally domiciled continuously in the Trust Territory for at least five years immediately prior to application for citizenship; and (1) have been born of parents, one of whom was a citizen of, and maintained his principal residence in the Trust Territory at the time of the birth; or Supp. 8 13 - 13 13 PNCA § 202 CITIZENSHIP AND IMMIGRATION (2) have been born of parents, one of whom has been granted Trust Territory citizenship pursuant to this section. Source (Code 1966, § 661.) 53 TTC § 2. § 203. Same; cancellation. Persons naturalized under section 202 of this chapter shall be subject to cancellation of their naturalization after hearing for cause upon application by the High Commissioner to the High Court of the Trust Territory. Cause for revocation of naturalization shall be: (a) concealment of a material fact or wilful misrepresentation in applying for naturalization; or (b) advocacy of the overthrow or alteration of the government of the United States or the government of the Trust Territory by unlawful means; or (c) commission of, or attempt or preparation to commit, an act of espionage, sabotage, or sedition against the government of the United States or the government of the Trust Territory, or conspiring with or aiding and abetting another to commit such an act; or (d) fraudulent or illegal entry into the Trust Territory, either prior to or after naturalization; or (e) travel, within five (5) years of naturalization, to any foreign country for the purpose of establishment of permanent residence therein; provided, that the United States, its territories and possessions and the Commonwealth of Puerto Rico shall not be considered a foreign country for the purposes of this subsection. Source (Code 1966, § 662.) 53 TTC § 3. § 204. Emigration. Prior to leaving the Trust Territory, citizens of the Trust Territory shall obtain such travel documents, including a Trust Territory passport, and comply with such regulations as may be prescribed from time to time by the High Commissioner. Source (Code 1966, § 663.) 53 TTC § 4. Supp. 8 13 - 14 IMMIGRATION CONTROL 13 PNCA § 1002 DIVISION 2 IMMIGRATION Chapter 10 Subchapter I Immigration Control § 1001. Director of Immigration and Foreign Labor. § 1002. Entry permits; required; issuance. § 1003. Same; authority of Director of Immigration and Foreign Labor to issue. § 1004. Same; applications. § 1005. Same; standards for exclusion. § 1006. Same; revocation. § 1007. [Repealed] § 1008. Immigration and Foreign Labor officers. § 1009. Inspection of vessels and aircraft. § 1010. Waiver of provisions. § 1011. Penalties for violation of chapter. § 1012. Entry by vessels and aircraft; environmental message. § 1013. Elite resident visa program. § 1001. Director of Immigration and Foreign Labor. The Director of Immigration and Foreign Labor shall perform such duties, pertaining to nationality, emigration and immigration, and administer all laws and regulations pertaining thereto as the President may delegate. Source (Code 1966, § 665; P.L. No. 4C-48, § 7(12).) 53 TTC § 52, modified. Amended by RPPL 6-26 § 19(f). Notes All references to the “Bureau of Immigration” shall hereby be amended to say “Bureau of Immigration and Foreign Labor” pursuant to RPPL 9-14 § 12. § 1002. Entry permits; required; issuance. (a) No person, vessel or aircraft, unless specifically exempted by applicable law and regulations, shall enter the Republic without having been issued an appropriate entry Supp. 13 13 - 15 13 PNCA § 1002 CITIZENSHIP AND IMMIGRATION permit. (b) Entry permits to visit or reside in the Republic shall be issued in accordance with this title and regulations issued pursuant thereto by the President. (c) Entry may be issued in conjunction with a nonresident worker’s identification certificate issued under the provisions of this chapter. Entry permits issued under the provisions of this subsection shall carry the notation that they are issued in conjunction with a nonresident workers’ identification certificate, and shall expire upon the date on which such nonresident workers’ identification certificate expires. (d) Provisions of law and regulations implementing this section may, pursuant to article 3, paragraph 1 of the trusteeship agreement for the former Japanese Mandated Islands, accord the United States citizens and nationals treatment more favorable than is accorded persons other than United States citizens and nationals. Source (Code 1966, § 667; P.L. No. 5-8, § 1.) 53 TTC § 53, modified. Subsections (b) and (c) amended by RPPL 9-14 § 13, modified. Amended by RPPL 9-49 § 6 [1002]. RPPL 9-62 § 29 restore § 1002 to its original language prior to its amendment by RPPL 9-49. Cross-reference See Trusteeship Agreement for the former Japanese Mandated Islands. Notes Republic of Palau v. Carreon, 19 ROP 66, 82 (2012). ROP v. Baga, 8 ROP Intrm. 340 (Tr. Div. 1999). Kodang v. Trust Territory, 5 TTR 581 (1971). Meyer v. Epson, 3 TTR 54 (1965). Section 142 of the Compact of Free Association reads: (a) Any citizen or national of the United States may enter into, lawfully engage in occupations, and reside in Palau, subject to the right of that Government to deny entry to or deport any such citizen or national as an undesirable alien. A citizen or national of the United States may establish habitual residence or domicile in Palau only in accordance with the laws of Palau. This subsection is without prejudice to the right of the Government of Palau to regulate occupations in Palau in a non-discriminatory manner. (b) With respect to the subject matter of this Section, the Government of Palau shall accord to citizens and nationals of the United States treatment no less favorable than that accorded to citizens of other countries; any denial of entry to or deportation of a citizen or national of the United States as an undesirable alien must be pursuant to reasonable statutory grounds. Supp. 13 13 - 16 IMMIGRATION CONTROL 13 PNCA § 1005 § 1003. Same; authority of Director of Immigration and Foreign Labor to issue. The Director of Immigration shall have the authority in the case of visitors, to issue entry permits and to permit entry into the Republic of persons, vessels, and aircraft, under the provisions of this title, regulations promulgated by the President pursuant thereto, and under such conditions as may be prescribed from time to time by the President. Source (Code 1966, § 666.) 53 TTC § 54, modified. Amended by RPPL 6-26 § 19(g). Notes Kodang v. Trust Territory, 5 TTR 581 (1971). Meyer v. Epson, 3 TTR 54 (1965). § 1004. Same; applications. Applications for a permit to enter the Republic shall be made to the President in such form and manner as he shall prescribe from time to time. Source (Code 1966, § 669.) 53 TTC § 55, modified. § 1005. Same; standards for exclusion. The President may deny entry or an entry permit to any person or revoke an entry permit upon substantial evidence of any of the following: (a) the wilful furnishing of false, incomplete, or misleading information in an application for an entry permit; (b) the advocacy of the overthrow or alteration of the government of the United States or the government of the Republic by unlawful means; (c) the commission of, or attempt or preparation to commit, an act of espionage, sabotage, sedition, or treason against the government of the United States or the government of the Republic, or conspiring with or aiding or abetting another to commit such an act; (d) performing or attempting to perform duties, or otherwise acting so as to serve the interests of another government, to the detriment of the United States or the Republic; Supp. 15 13 - 17 13 PNCA § 1005 CITIZENSHIP AND IMMIGRATION (e) deliberate unauthorized disclosure of classified defense information; (f) membership in, or affiliation or sympathetic association with, any foreign or domestic organization, association, movement, group or combination of persons, designated by the Attorney General of the United States pursuant to Executive Order 10450 of April 27, 1953, as amended; (g) serious mental irresponsibility evidenced by having been adjudged insane, or mentally irresponsible, or an incompetent, or a chronic alcoholic, or treated for serious mental or neurological disorders or for chronic alcoholism, without evidence of cure; (h) addiction to the use of narcotic drugs without adequate evidence of rehabilitation; (i) conviction of any of the following offenses under circumstances indicative of a criminal tendency potentially dangerous to the security of a strategic area containing military establishments: arson, unlawful trafficking in drugs, espionage, sabotage, treason, murder, kidnapping, blackmail, or sex offenses involving minors or perversion; (j) illegal presence in the United States, its territories or possessions, having been finally subject to deportation order, or voluntary departure in lieu of deportation order, by the United States Immigration and Naturalization Service; (k) the applicant or entry permit holder has been convicted of committing, attempting to commit, or conspiring to commit an offense which would be a felony if committed in the Republic or a crime of moral turpitude. (l) a finding by the President [that] such denial or revocation is in the best interest of the Republic. Source (Code 1966, § 668.) 53 TTC § 56, modified. RPPL 6-23 § 2(a), modified. The bracketed word [that] in subsection (l) was added by the Code Commission . RPPL 6-23 § 2(a) amended the beginning clause of this section by adding the power of the President to revoke an entry permit and essentially repealed the former subsection (k) and replaced it with the new subsection (k). Subsection (l) was also added by RPPL 6-23 § 2(a). Notes Section 1 of RPPL 6-23 reads: Section 1. Findings and Purposes. The Olbiil Era Kelulau finds that it is in the best interest of the Republic to deny entry into the Republic or revoke any entry permit of non-citizen immigrants or noncitizen residents who have been convicted of any felony committed in the Republic if convicted of a crime of moral turpitude, or for any reason that the President of the Republic finds will not be in the best interest of the Republic. Supp. 15 13 - 18 IMMIGRATION CONTROL 13 PNCA § 1007 Section 142 of the Compact of Free Association reads: (a) Any citizen or national of the United States may enter into, lawfully engage in occupations, and reside in Palau, subject to the right of that Government to deny entry to or deport any such citizen or national as an undesirable alien. A citizen or national of the United States may establish habitual residence or domicile in Palau only in accordance with the laws of Palau. This subsection is without prejudice to the right of the Government of Palau to regulate occupations in Palau in a non-discriminatory manner. (b) With respect to the subject matter of this Section, the Government of Palau shall accord to citizens and nationals of the United States treatment no less favorable than that accorded to citizens of other countries; any denial of entry to or deportation of a citizen or national of the United States as an undesirable alien must be pursuant to reasonable statutory grounds. Xiao v. ROP, 2020 Palau 4 ¶¶ 5, 33. § 1006. Same; revocation. Permits to enter the Republic may be revoked or renewal of such permits refused by the President at any time upon a finding that: (a) the continued presence of the permit holder in the Republic is not in the best interest of the Republic; or (b) the entry permit was obtained through concealment of a material fact or wilful misrepresentation relating to any of the standards enumerated in section 1005 of this chapter; or (c) the entry permit holder has, since entry into the Republic, engaged in any of the activities or become subject to any of the conditions enumerated in section 1005 of this chapter; or (d) the nonresident workers’ identification certificate issued in conjunction with such entry permit has been cancelled. Source (Code 1966, § 670; P.L. No. 5-8, §§ 2, 3.) 53 TTC § 57, modified. § 1007. Visa Fees. [Repealed] Source (Code 1966, § 671.) 53 TTC § 58, modified. Repealed by RPPL 6-23 § 2(b). A new § 1007 incorporated by RPPL 9-49 § 6 [1007], modified. Repealed by RPPL 9-62 § 28. Supp. 15 13 - 19 13 PNCA § 1008 CITIZENSHIP AND IMMIGRATION § 1008. Immigration and Foreign Labor officers. The Director of Immigration shall act as the principal immigration officer and shall perform such duties as may be imposed herein or by regulation issued hereunder from time to time by the President. The Director of Immigration shall also perform such duties as may be required by all other laws and regulations of the Republic pertaining to entry and movement of persons, vessels, and aircraft. Source (Code 1966, § 672.) 53 TTC § 59, modified. Amended by RPPL 6-26 § 19(h). Notes In a subsection of RPPL 7-28 § 27 the “Counter-Terrorism Act of 2007”, codified at 17 PNC § 4231(b), states that “Title 13 of the Palau National Code is hereby amended to conform to the requirements of this section.” § 1009. Inspection of vessels and aircraft. Incoming vessels shall be boarded by an immigration officer who shall examine the travel documents of each passenger and, if the passenger is eligible to enter the Republic, shall affix to the passport or entry permit an official stamp showing the date and place of entry. The same procedure shall be followed for passengers arriving on aircraft except that immigration officers shall provide facilities for inspection after the passengers have disembarked and prior to their departure from the airport terminal. This official stamp shall include an area for visitors to acknowledge the cultural and environmental protection policies of the Republic. Source (Code 1966, § 673.) 53 TTC § 60, modified. Amended by RPPL 10-30 § 2. § 1010. Waiver of provisions. The President may waive any procedural requirements of this chapter, or of regulations issued pursuant thereto, and of section 202, chapter 2, Title 7 of this Code, in individual cases when, in his discretion, circumstances warrant. Source (Code 1966, § 674.) 53 TTC § 61, modified. § 1011. Penalties for violation of chapter. Any person who, not being a citizen or legal resident of the Republic, shall unlawfully enter or Supp. 15 13 - 20 IMMIGRATION CONTROL 13 PNCA § 1013 attempt to enter the Republic or, having lawfully entered, remains wilfully and unlawfully after expiration or revocation of entry authorization, or who shall violate by act or omission any provision of this chapter, or regulations issued pursuant thereto shall, upon conviction thereof, be imprisoned for a period of not more than two (2) years, or fined not more than five hundred dollars ($500), or both. In lieu of the foregoing or in addition thereto, any person who shall unlawfully enter the Republic or, having lawfully entered, wilfully and unlawfully remains after expiration or revocation of an entry permit, shall be subject to deportation after hearing upon application by the President to the Supreme Court. Source (Code 1966, § 680; P.L. No. 4C-27 § 3.) 53 TTC § 62, modified. Notes Labarda v. ROP, 11 ROP 43, 45 (2004). ROP v. Baga, 8 ROP Intrm. 340 (Tr. Div. 1999). ROP v. Okamoto, 1 ROP Intrm. 271 (1985). Trust Territory v. Arce, (App. Div., April 1976). § 1012. Entry by vessels and aircraft; environmental message. Entry permits for vessels or aircraft may be conditioned upon an agreement that the vessel or aircraft will abide by all applicable regulations, including those that require the vessel or aircraft to assist the Republic in notifying passengers, either through the distribution of literature, the playing of video, or otherwise, of the Republic’s environmental protection, cultural preservation, or other policies. Source RPPL 10-30 § 3. Notes Former § 1012: RPPL 3-37 § 24 was repealed by RPPL 6-26 § 19(i). § 1013. Elite resident visa program. (a) There is hereby established an elite resident visa program which shall be under the direction of the Ministry of Finance and the Immigration Bureau shall clear all visas, upon approval by the Ministry of Finance. (b) A non-citizen applying for an elite resident visa shall meet the following criteria: (1) The non-citizen shall have entered into a valid contract with a Palauan citizen, Supp. 13 13 - 21 13 PNCA § 1013 CITIZENSHIP AND IMMIGRATION non-governmental entity wholly owned by a Palauan citizen, clan, family, or corporation, or business entity for the purchase or lease of a dwelling for the price of at least two hundred and fifty thousand dollars ($250,000) or more. To qualify under this subsection, the dwelling purchase must be made by cash payments. The non-citizen must pay the contract price in full prior to the issuance of an elite visa under this section; (2) The non-citizen and any dependents who will be living with the non-citizen in Palau shall not have been convicted of a felony or a crime of moral turpitude, and there shall not be any criminal charges of such offense pending against either the non-citizen or any dependents of the non-citizen who will be living with the non-citizen. Any non-citizen applicant for an elite resident visa shall be required to file an affidavit regarding his or her background, including but not limited to: convictions for felonies, convictions for crimes of moral turpitude, and any pending felony charges; and confirmation of applicant’s income, assets, savings, liabilities and obligations. In addition, any applicant for an elite resident visa shall be required to authorize the release of any and all information necessary for a civil and criminal background check that shall be performed by the Minister prior to the issuance of an elite resident visa. The Director shall set a nominal processing fee for this background check in accordance with 6 PNC Chapter 1; (3) The non-citizen shall have major medical health insurance, covering himself or herself, and any dependents who will be living with the non-citizen in Palau, to prevent any medical costs being incurred by the Republic on behalf of the non-citizen or any of his or her dependents residing in the Republic of Palau. The non-citizen applicant must also demonstrate that he, she, or any of his or her dependents living in the Republic of Palau under an elite tourist visa are entirely covered for any and all healthcare expenses, including pre-existing conditions, by his or her medical insurance; (4) Non-citizens holding elite resident visas shall not be permitted any discounted medical services in the Republic of Palau, and shall remain liable for the full cost of any healthcare service incurred by the non-citizen or his or her dependents residing in the Republic on an elite resident visa; and (5) An applicant for an elite resident visa must demonstrate to the Bureau, prior to the issuance of the elite resident visa and thereafter, annually, on the anniversary of such issuance, that he or she has adequate financial means with which to support himself or herself, and any of his or her dependents that shall Supp. 13 13 - 22 IMMIGRATION CONTROL 13 PNCA § 1013 reside in the Republic of Palau under his or her elite resident visa. (c) An elite resident visa to visit the Republic shall be valid for a period of ten (10) years and valid for unlimited multiple entries into the Republic. The visa shall be renewable at the end of every ten year period upon a showing that the visa holder continues to meet the criteria set forth in subsection (b) of this Section. (d) The fee for issuing an initial elite resident visa shall be twenty thousand dollars ($20,000), payable to the National Treasury; the fee is non-refundable. The renewal fee shall be ten thousand dollars ($10,000), payable to the National Treasury; the renewal fee is non-refundable. The number of non-citizens that may hold a current elite resident visa at any time shall be limited to one thousand (1,000). (e) Dependents of an elite resident visa holder shall be issued elite resident dependent visas that shall expire simultaneously with the corresponding elite resident visa. For each such dependent visa, a non-refundable fee of twenty thousand dollars ($20,000) shall be paid to the National Treasury. For the purposes of this section, dependents shall be limited to spouses and children twenty-one (21) years of age or younger. The twenty thousand dollars ($20,000) non-refundable fee for dependent children may be prorated at two thousand dollars ($2,000) per year for the period, or number of years, less than ten (10) years and more than one (1) year, until each dependent child reaches age twenty-one (21). (f) In addition to any of the grounds specified in 13 PNC section 1006, the following shall constitute grounds for revocation of elite resident visas by the order of the President or the Minister of Finance: (1) Conviction of a violation of any applicable laws regarding foreign investments; (2) Where the purchase of the dwelling as required in § 1013(b)(1) is not finalized, the visa holder no longer lives in the purchased dwelling, or sells or otherwise disposes of the dwelling without purchasing another dwelling of equal or greater value; (3) Where the visa holder no longer meets the requirements of § 1013(b)(1) for any other reasons; and/or (4) Where the visa holder cannot show a source of income adequate for selfSupp. 13 13 - 23 13 PNCA § 1013 CITIZENSHIP AND IMMIGRATION support and support of dependents. (5) Before any order of revocation becomes final, the visa holder shall be entitled to a hearing before the Minister of Finance or his or her designee, at which hearing the provisions of Subchapter III of 6 PNC, Chapter 1, shall apply. (g) Nothing in this section shall be construed to allow the holder of an elite resident visa to be eligible for any additional right of entry into the Republic of Palau. (h) A non-citizen applying for an elite resident visa may be denied such visa in accordance with the provisions set forth in 13 PNC Section 1005, as amended by RPPL 6-23. (i) Upon the death of an elite tourist visa holder during the term of his or her elite resident visa, the elite resident visa may be transferred to a designated person for the remainder of the term of the deceased’s elite resident visa, provided that all of the applicable requirements of this section have been fulfilled by the deceased elite resident visa holder and by the transferee. The initial transfer fee for a transferred elite resident visa under this subsection shall be five thousand dollars ($5,000), payable to the National Treasury; this fee is non-refundable. A renewal of a transferred elite resident visa shall be subject to the renewal fees in subsection (d) of this section. (j) Holders of elite resident visas or their dependents shall not be eligible to hold a Labor Permit under Title 13 Subchapter II of the Palau National Code. Nothing herein shall be construed to exempt elite resident visa holders or their dependents from the requirements of Title 28 chapter 1. (k) The Minister of Finance may promulgate regulations as may be appropriate to carry out the purposes of this section. Source RPPL 7-38 § 3, modified. Notes Title referenced in this section has been changed pursuant to RPPL 9-14 § 14. Supp. 13 13 - 24 FOREIGN LABOR 13 PNCA § 1021 Subchapter II Foreign Labor Part I Application of Subchapter § 1020. Statement of policy. § 1021. Preference to resident workers. § 1022. Compliance with chapter; exception for temporary employees. § 1023. Application of chapter to employees of national government. § 1024. Benefits for resident workers hired by national government contractors. § 1025. Minimum wage. § 1020. Statement of policy. The Olbiil Era Kelulau finds and declares that it is essential to a balanced and stable economy in the Republic that workers who are citizens of the Republic be given preference in employment in occupations and industries in the Republic, and that the public interest requires that the employment of noncitizen workers in such occupations and industries not impair the wages and working conditions of citizen workers. Source 49 TTC § 2, modified. Formerly codified at 30 PNCA § 102 and was re-codified by RPPL 9-14 § 14 as 13 PNCA § 1020. Notes All references to “Chief” in Title 30 of the Palau National Code are hereby amended to say “Director” pursuant to RPPL 9-14 § 9. Any references to “Division of Labor” is hereby amended to reference “Bureau of Labor and Human Resources” pursuant to RPPL 9-14 § 3(b). § 1021. Preference to resident workers. Resident workers shall be given preference in employment in the Republic in any industry or occupation for which such workers are qualified and available. Nonresident workers shall be employed only to supplement the labor force of available and qualified resident workers. Source 49 TTC § 4, first and second sentences, modified. Formerly codified at 30 PNCA § 121 and was re-codified by RPPL 9-14 § 14 as 13 PNCA § 1021. Supp. 12 13 - 25 13 PNCA § 1022 CITIZENSHIP AND IMMIGRATION § 1022. Compliance with chapter; exception for temporary employees. (a) No employer shall employ a nonresident worker except in strict accordance with the provisions of this chapter and rules and regulations issued hereunder, except that the provisions of this chapter shall not apply to temporary employees who are brought into the Republic for a period of time not to exceed ninety (90) days. (b) If the employer bringing in such temporary employees to the Republic finds that their services are needed for a period of time exceeding ninety (90) days, he may apply to the for an extension of the exemption and the Director may grant such extension for an additional period of time not to exceed ninety (90) days if he finds that the extension is reasonable. (c) The Director may grant more than one extension, but the total time period, including any extensions, that such temporary employee may remain in the Republic under temporary employee status shall not exceed one hundred eighty (180) days. Source 49 TTC § 4, third, fourth and fifth sentences, modified. Formerly codified at 30 PNCA § 122 and was re-codified by RPPL 9-14 § 14 as 13 PNCA § 1022. § 1023. Application of chapter to employees of national government. Nothing in this chapter shall be construed to exempt employees of the national government who are seeking employment during hours when they are not engaged in the performance of government employment, or employers other than the national government who are seeking to hire such employees or prospective employees, from complying fully with the provisions of this chapter. This chapter shall be construed to apply to such persons for all purposes, except insofar as rendered inapplicable by a specific provision of this chapter. Source (P.L. No. 4C-30, § 1.) 49 TTC § 19, modified. Formerly codified at 30 PNCA § 123 and was re-codified by RPPL 9-14 § 14 as 13 PNCA § 1023. Notes Amendment to Title 13 § 1023 by RPPL 10-19 § 3 is the same as the existing law. § 1024. Benefits for resident workers hired by national government contractors. (a) The national government shall not enter into any contract whose primary purpose is the construction of any building, airport, road, harbor, or any other thing, unless such Supp. 12 13 - 26 FOREIGN LABOR 13 PNCA § 1025 contract provides that if the contractor utilizes nonresident workers and if such contractor provides either transportation, lodging or lodging expenses, or room or board expenses to any such worker, then such contractor shall provide the same benefits to resident workers. (b) Transportation, lodging or lodging expenses, or room or board expenses need not be provided when a resident worker maintains his principal place of residence within normal commuting distance, as defined by regulations implementing [13 PNCA Subchapter II] of this Code, from his place of employment with such contractor. Source (P.L. No. 5-6, § 1.) 49 TTC § 20, modified. Formerly codified at 30 PNCA § 124 and was re-codified by RPPL 9- 14 § 14 as 13 PNCA § 1024. Notes Title referenced in subsection (b) has been changed pursuant to RPPL 9-14 § 14. § 1025. Minimum wage. (a) On October 1, 2013 every employer in the Republic shall pay a minimum wage of two dollars and seventy five cents ($2.75) per hour. On October 1 of each subsequent year, the minimum wage shall increase by twenty five cents ($0.25) per hour until it reaches three dollars and fifty cents ($3.50) per hour. Except as provided in subsection (b) of this section, all employers shall pay the minimum wage to their employees, including employers in the hotel, motel, tourist, restaurant, or other industries whose employees may customarily and regularly receive tips for direct and personal customer service. Service charges, tips and other gratuities given to an employee shall not be used as payment or credit toward payment of the minimum hourly wage. The minimum wage increase shall not apply to contracts in existence prior to October 1, 2013, but any contract made on or after that date must observe the applicable minimum wage in place at that time. (b) The minimum wage established in subsection (a) of this section shall not apply to the following: (1) Up to two individuals employed as farmers by a single employer. (2) Up to two individuals employed as domestic helpers, caretakers, babysitters, or house boys. (3) Employees who are students. Supp. 10 13 - 27 13 PNCA § 1025 CITIZENSHIP AND IMMIGRATION (4) Employees twenty years of age or younger, hired on a probationary basis, for a period not to exceed ninety (90) days. (5) Employees of non-profit organizations. (c) An employer required to pay minimum wage pursuant to this section shall not be obligated to pay for the employee’s travel, food, housing or other living expenses. (d) An employer required to pay minimum wage pursuant to this section may take into account the provision of housing and food to the employee in calculating the wages paid to the employee by deducting the reasonable cost of housing and food provided to the employee. The reasonable cost to the employer of housing and food must reflect the actual cost of providing housing and food to the employee, exclusive of profit to the employer. Housing and food will only be deemed to have been paid as wages if the employee received the food and occupied the housing. The cost of housing and food included towards calculating the employee’s wage shall be included as income for purposes of reporting taxable income. (e) Employers may not keep any part of a service charge, tip, or other gratuity left by customers. Employers must let employees keep any such service charge, tip or other gratuity left for or given to those employees and must distribute any such service charge, tip, or other gratuity to employees if not given directly to the employees by the customer, including any paid by credit or debit card. This section does not preclude employers from establishing rules on the fair distribution of service charges, tips, or other gratuities to employees. (f) Penalties. An employer who violates the requirements of this section shall be subject to a civil penalty of one thousand dollars ($1,000) per violation and a penalty of the equivalent of all unpaid taxes and social security contributions plus interest on the wages not paid to the employee, for each violation. Violations of this section include the payment by an employer of less than the minimum wage to any employee performing work other than that described by the employees exempted from the minimum wage requirements under subsection (b). (g) Civil cause of action. (1) Any employee entitled to the minimum wage established in subsection (a) of this section who does not receive it shall have a civil cause of action in any court of appropriate jurisdiction, either through the Office of the Attorney General, or Supp. 10 13 - 28 FOREIGN LABOR 13 PNCA § 1031 through the aggrieved employee’s choice of private representation or selfrepresentation. (2) The aggrieved employee must notify the Bureau of Labor or the Attorney General of the alleged violation. The Bureau of Labor and the Bureau of Customs, Revenue and Taxation must report to the Office of the Attorney General in writing any known or suspected violation of this section within fourteen (14) days of such knowledge or suspicion. The Attorney General may initiate a civil proceeding based on the information received from the aggrieved employee, the Bureau of Labor or the Bureau of Customs, Revenue and Taxation. If the Attorney General does not take action within ninety (90) days of the date of the notice, the aggrieved employee may initiate his or her own court action. (3) An employee who does not receive the minimum wage shall be entitled to receive damages and such other remedies as may be appropriate, including punitive damages from the employer in an amount not to exceed one thousand five hundred dollars ($1,500) in the court’s discretion. Any employee who prevails in a suit brought pursuant to this section shall be entitled to recover reasonable attorney’s fees incurred in prosecuting the action. Source RPPL 5-14 § 1. Amended in its entirety by RPPL 9-1 § 1, modify. Formerly codified at 30 PNCA § 125 and was re-codified by RPPL 9-14 § 15 as 13 PNCA § 1025. Amended by RPPL 9-51 § 2, modified. Part II Administration of Chapter § 1031. Employment service; established. § 1032. Same; functions and duties. § 1033. Director; functions and duties. § 1034. Director to promulgate rules and regulations. § 1035. Employer’s records. § 1036. Fees for Bureau of Labor and Human Resources. § 1031. Employment service; established. (a) There is hereby established in the Bureau of Labor and Human Resources an employment service. Supp. 10 13 - 29 13 PNCA § 1031 CITIZENSHIP AND IMMIGRATION (b) The employment service shall be headed by an employment service officer, who shall report directly to the Director. (c) The purpose of the establishment of the employment service is to create a system of free public employment offices in the Republic for workers seeking employment and for employers seeking workers. (d) The employment service shall have such powers, duties, and functions as may be established by this chapter, other provisions of this Code, and the manual of administration of the national government. Source 49 TTC § 5, modified. Formerly codified at 30 PNCA § 141 and was re-codified by RPPL 9-14 § 16 as 13 PNCA § 1031. § 1032. Same; functions and duties. For the purpose of this chapter, and without limitations on the scope or extent of powers, duties or responsibilities vested in it by other provisions of this Code, the manual of administration, or order of the President, the employment service through its employment service officer shall: (a) in the placement of workers, assist the Director in determining occupational categories, and, for those occupational categories designated by the Director, perform certification functions regarding minimum standards of qualifications and minimum wage requirements. (b) conduct continuing surveys of manpower needs, assist in preparing training programs and recommend other measures for alleviating shortages and reducing the need for nonresident workers. (c) oversee, monitor and review the use of nonresident workers and all matters related thereto, including, but not limited to, the following: health, safety, meals, lodging, salaries, working hours and conditions, and specific contractual provisions for labor services. (d) conduct such investigations as may be necessary to fulfill the provisions of this section and such other duties as may be required by the Director. Source (P.L. No. 4C-46, § 2.) 49 TTC § 7, modified. Formerly codified at 30 PNCA § 142 and was re-codified by RPPL 9- 14 § 16 as 13 PNCA § 1032. Supp. 10 13 - 30 FOREIGN LABOR 13 PNCA § 1034 § 1033. Director; functions and duties. For the purposes of this chapter, and without limitations on the scope or extent of powers, duties or responsibilities vested in him by other provisions of this Code, the manual of administration, or order of the President, the Director shall: (a) enforce the provisions of this chapter and the agreements which the Director enters into with employers concerning the employment of nonresident workers, including to arrest, detain, deport, investigate, interview, search and seize, and all other police functions as appropriate. (b) require that employers accept such agreements or conditions for the payment of wages or benefits to nonresident workers as the Director shall determine to be necessary and consistent with the policy and purposes of this chapter. Any such agreements or conditions agreed to by an employer shall be legally enforceable in the courts of the Republic, upon action taken by an aggrieved employee or on his behalf by the Director. In any such action taken by the Director on behalf of an aggrieved employee, the Director shall be represented by the Office of the Attorney General. (c) establish occupational categories for the occupations to which this chapter is applicable, and, when the Director deems it necessary or desirable, establish minimum standards of qualification procedures, and minimum wage requirements for workers in certain occupational categories. (d) supervise the employment service in furtherance of the objectives of this chapter and in the effectuation of the provisions of this chapter. Source (P.L. No. 4C-46, § 1.) 49 TTC § 6, modified. Amended by RPPL 9-14 § 5, modified. Formerly codified at 30 PNCA § 143 and was re-codified by RPPL 9-14 § 16 as 13 PNCA § 1033. Notes Ren Int’l Co. v. Garcia, 11 ROP 145, 150, 151, 152 (2004). § 1034. Director to promulgate rules and regulations. The Director, subject to approval by the President, shall promulgate rules and regulations necessary or appropriate to effectuate the provisions of this chapter. Such rules and regulations shall become effective immediately, or on the date which the Director shall determine, and shall have the force and effect of law. Supp. 10 13 - 31 13 PNCA § 1034 CITIZENSHIP AND IMMIGRATION Source 49 TTC § 13, modified. Formerly codified at 30 PNCA § 144 and was re-codified by RPPL 9-14 § 16 as 13 PNCA § 1034. Notes Ren Int’l Co. v. Garcia, 11 ROP 145, 150 (2004). § 1035. Employer’s records. Each employer hiring employees in the Republic shall keep and present immediately upon demand of the Director and quarterly to the Director up-to-date records with the following information: (a) the name, address, age and legal residence of each of his employees; (b) the classification and wage rate of each of his employees; (c) payrolls showing the number of hours worked each week, the compensation earned, and deductions made for each of his employees; (d) the educational and experiential backgrounds of each of his nonresident employees (to be provided but once by an employer for each nonresident employee working in the Republic); (e) the number of employment related accidents, name of the injured, and disposition by the employer of the injured employee; (f) the number and types of illnesses of nonresident workers, the treatment and disposition of those workers, and whether hospitalization was required; (g) the citizenship, country of origin, and expiration date of entry permit of each nonresident worker employed; and (h) a copy of the nonresident workers’ agreement authorizing the hiring of the nonresident workers. Source (P.L. No. 4C-46, § 3.) 49 TTC § 9, modified. Formerly codified at 30 PNCA § 145 and was re-codified by RPPL 9- 14 § 16 as 13 PNCA § 1035. Supp. 10 13 - 32 FOREIGN LABOR 13 PNCA § 1036 § 1036. Fees for Bureau of Labor and Human Resources. (a) Notwithstanding any other provision of law, the Bureau of Labor and Human Resources shall charge and collect the fees set forth in the following schedule: (1) New work permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $300.00 (2) Application fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.00 (3) Permit for domestic helpers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $250.00 (4) Fee for change of status from dependent to employment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $300.00 (5) Application for temporary permit, i.e., for employment up to ninety (90) days. . . . . . . . . . . . . . . . . . . . . . . . . $300.00 (6) Work permit extension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $300.00 (7) Re-issue of lost work permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00 (8) Change of job classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $300.00 (9) Photocopying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.50 per page (b) This section shall remain effective only until regulations governing its subject matter are adopted by the Bureau of Labor and Human Resources and the time for the Olbiil Era Kelulau to disapprove such regulations pursuant to 6 PNC § 133 has expired. Source RPPL 5-7 § 56. RPPL 5-8 § 1(56) added subsection (b). Amended by RPPL 6-32 § 2[146]. Formerly codified at 30 PNCA § 146 and was re-codified by RPPL 9-14 § 16 as 13 PNCA § 1036. NView DocumentNovember 4, 2021
Labor Rules & RegulationsGOVERNMENT OF THEREPUBLIC OF PALAU DIVISION OF LABOR RULES AND REGULATIONS 2019 PART I AUTHORITY AND PURPOSE: The Director of the Bureau of Immigration and Foreign Labor is authorized by Section 1034 of Title 13 of the Palau National Code (PNC), as amended, to adopt rules and regulations regarding employment and labor practices in the private sector. The following rules and regulations are issued pursuant to Title 13. Purpose. The purpose of these regulations is to inform all parties of their rights, privileges, and obligations in regard to the employment of Nonresident Workers in the Republic of Palau, to ensure a balanced and stable economy in the Republic of Palau, and to prevent the impairment of wages and working conditions of Resident Workers. Basic Provisions. Employers in the private sector seeking to employ Nonresident Workers in the Republic of Palau shall secure Work Permits for such workers by applying to the Bureau of Immigration and Foreign Labor before such workers may enter the Republic of Palau. Certain conditions of employment shall be met by the Employers and by the Nonresident Workers. PART II STATEMENT OF POLICY It is essential to a balanced and stable economy in the Republic of Palau that workers who are citizens of the Republic be given preference in employment in occupations and industries in the Republic. The public interest requires that the employment of noncitizen workers in nr.c.uprltions ;ind industries not impair the wages or working conditions of Palauan workers. Resident workers shall be given preference in employment in the Republic of Palau in any job vacancy for which such workers are qualified and available. Nonresident Workers shall be employed only to supplement the labor force of available and qualified Resident Workers. PART Ill DEFINITIONS 3.1 The following terms, as used in these Rules and Regulations, are defined as follows: a) "Available" means able to be on the island on which the Employer desires workers on the date the employer states the workers are desired. b) "Bureau" means Bureau of Immigration and Foreign Labor. c) "Chief' means the Chief of Labor Division, Bureau of Immigration and Foreign Labor. d) "Director" means the Director of the Bureau of Immigration and Foreign Labor. e) "Division" means the Division of Labor, Bureau of Immigration and Foreign Labor. f) "Employer11 means any individual, partnership, association, or corporation hiring or employing employees in the Republic of Palau and any individual who has in his employ a domestic servant, but does not include any branch or agency of a state government or the national government. g) "Employment Service" means the agency established in the Bureau of Immigration and Foreign Labor, pursuant to 13 PNC§ 1031, et seq. h) "Minister'' means the Minister ofJustice. i) "Foreign fishing vessel" means a vessel registered in a jurisdiction other than Palau which is fishing in the Republic pursuant to a permit issued under Title 27 of the PNC. j) "Ministry" means the Ministry ofJustice. k) "Missionary" means a person sent out by a religious organization (i) to preach or teach religion or {ii) to work as a lay worker in hospitals or provide other community services if the salary and other financial support of the person is primarily paid by a religious organization outside of Palau. I) "Nonresident Worker" means any person who is capable of performing services or labor and who is not a citizen of the Republic. m) "Personal service" means the delivery of a letter, notice, citation and any other documents to a party, to a clerk, or other person in charge of the party's office, or to a responsible adult of suitable discretion working at the party's office or residing at his living place. n) " Point of Origin" means the point of embarkation shown on the ticket utilized by the Nonresident Worker to come to Palau for purposes of employment. The Director shall determine the "Point of Origin" for any Nonresident Workers who are in Palau at their own expense, and who are recruited and hired in Palau pursuant to "Change of St atus" procedures, at the time of hiring of such workers. o) "Profession" means lawyer, doctor, scientist, certified public accountant, or other position requiring a post-graduate degree and/or certification, as determined by the Director and approved by the Minister. p) "Republic" means Republic of Palau. q) "Resident Worker" means any person who is capable of performing services or labor and who is a citizen of the Republic of Palau, or a noncitizen who has been granted permanent resident status pursuant to law. r) "Skilled worker" means an employee with specialized skills, training, knowledge, and acquired ability in order to perform the duties of their employment, such as software development, paramedics, physicians, heavy equipment operator, mechanics, craftsmen, and accountants. s) "State government" means any government of the sixteen (16) States of the Republic of Palau. t) "Subcontract agreement" means an agreement between a subcontractor who employs a Nonresident Worker and a prime contractor to provide labor or services performed by a Nonresident Worker to the prime contractor. u) "Temporary Placement Permit" me.ans a permit issued by Director in exceptional cases that involve hardship, lega I due process, abuse, or other extenuating circumstances to a Nonresident Worker, which special permit allows Nonresident Worker to work for another Employer for a period not to exceed a total of twelve {12) months. v) "Temporary Work Permit" means a ninety (90) day temporary work permit issued to a non-resident who comes to Palau pursuant to 13 PNC § 1022, and which permit shall in no event exceed a total of one hundred eighty {180) days. PART IV ANNOUNCEMENT REQUIREMENT 4.1 Any employer who desires to hire a Nonresident Worker shall file an application with the Employment Service. 4.2 Upon receiving the application, the Employment Service Officer must first endeavour to fill the job vacancies by referral of qualified Resident Workers registered with such Employment Service or the Citizen Job Placement Office at the Ministry of Finance. 4.3 In the event no resident worker is currently available, then all position vacancies proposed shall be announced for a period of thirty {30) days by the Employment Service. During this thirty (30) day period the Employment Service shall attempt to locate qualified Palauan citizens to fill the vacancies, including those qualified citizens identified by the Citizen Job Placement Office at the Ministry of Finance. The announcement shall specify (a} the occupational position, (b) the job location, (c) the minimum wage in dollars and cents, (d) any pertinent details about job duties and required qualifications, and (e) how to contact the Employer. The Announcements shall be made through radio and other posting such as public television channel newspaper or in public places where deemed feasible by the Employment Service. No Nonresident worker shall be permitted to be employed unless such announcement shall have been given for a period of thirty (.30) days. And in the event there is qualified Palauan citizen for t he position, he/she must be hired and the effort to hire a Nonresident Worker shall immediately terminate. Announcements with language requirements other than Palauan or English shall not be accepted in applications to employ Nonresident Workers without a written justification submitted by the Employer and approved by the Director. 4.4 Where a managerial or professional position is desired by the Employer, the Director, or his representative, at his discretion will cause the application to be processed immediately if he has reasonable belief that no citizen or permanent resident is qualified and available for such positions so as to facilitate economic development. 4.5 Upon the expiration of thirty (30) days after the announcement, the Employment Service Officer, upon finding that there are no qualified Resident Worker available to fill the vacancy, shall notify the Director of said position which may now be available to Nonresident Workers. 4.6 Upon receipt of notice from the Employment Service Officer, the Director shall determine whether employment of such Nonresident Workers will be in the best interest of the Republic. If so, the Director may require employer to submit all documents necessary for processing and approval of the hiring of Nonresident Workers. PART V PROCESS FOR EMPLOYING NONRESIDENT WORKERS 5.1 Applications for new hires shall include the following documents: a) Payment of non-refundable application fee pursuant to Part XXII of these regulations; b) A standard employment contract form issued by the Division. Employers may include additional provisions in the employment contract provided such additions shall not supersede any provisions of the standard employment contract; c) Original Certificate of Clearance in English from the police authorities in the country and area of the Nonresident Worker's residence. If required by the Division, this certificate shall be authenticated or attached to a valid certificate of National Bureau of Investigations (NBI) or similar National Agency (e.g. US Federal Bureau of Investigation (FBI)); d) Original Health Certificate in English from the Public Health authorities in the area of the Nonresident Worker's residence. Such a certificate shall be authenticated by the Ministry of Health Services or equivalent Government Agency responsible for National Health Services. The Division may exempt the Ministry of Health Services authentication requirement and accept local health service certificates only if, at the discretion of the Division, such a health certificate appears to have been issued by a competent medical health officer; e) Affidavits by at least two previous Employers indicating at least a minimum of two (2) years' work experience in the line of work for which the worker is being hired. Affidavits from travel agents, employment and placement agencies shall not be accepted; f) Copy of Passport; g) Copy of National & State Business licenses if applicable; and h) Copy of Announcement form. 5.2 Applicat ion Review. The Division shall review the application to insure that all required fees have been paid and that all required documents are presented and completed. Application Review generally takes fifteen (15) days to complete, but could take longer in some instances. If the applications are not complete, such are to be returned with explanations as to why they are returned. 5.2.1 The Director shall review the application to determine whether the position is required and whether the employment of the Nonresident Worker is in the best interests of the Republic. 5.2.2 The Director shall not grant a Work Permit to any Nonresident Worker in any of the following situations: a) The Employer or recruiter is engaged in illegal recruitment of Nonresident Workers into Palau; b} The application contains false information; c) Employees or former employees of either the Employer or business establishments directly tied to the Employer have been convicted of sex crimes; d) The position is exclusively reserved by law for citizens of the Republic or Resident Workers; or e) The Employees or former employees are otherwise prohibited from entering the Republic of Palau. 5.2.3 The Director will generally determine that the employment of the Nonresident Worker is not in the best interests of the Republic when: a. Additional workers do not appear reasonably necessary for the vacancy applied for; b. The job classification applied for is already occupied by a sufficient number of Palauan employees or Palauan business entrepreneurs; c. The Employer has failed to demonstrate commitment to train a Resident Worker for the position applied for; d. The Division has issued a written determination that the Employer has violated Title 13 of the PNC, these regulations, or the employment contract on at least one occasion within the past year; e. A Court in the Republic has found probable cause to conclude that the employee applicant has engaged in a felony or a sex crime; f. The recruiter or recruitment agency referring the worker has been found by the Division to have previously provided false information to Employers, employees, or the Division; or g. Additional grounds as determined by the Director. 5.2.4 The Director shall refrain from granting new Work Permit(s) to new Nonresident Worker(s) intended to work for an Employer when such Employer has unresolved issues with current Nonresident Workers. 5.2.5 The Director shall make the final determination whether a Nonresident Worker is able to be hired. 5.2.6 For those positions for which the Director has determined that Nonresident Workers may be hired, he or she shall require that a Nonresident Worker Employment Agreement ("Employment Contract") be entered into between the Employer and the national government, which agreement shall authorize the Employer to hire the Nonresident Worker. Other agreements may be entered into between Employer and Nonresident Worker prescribing the terms of non-resident worker employment consistent with Title 13 of the PNC and these Regulations, and which may only have force and effect upon approval by the Director. 5.3 Issuance of a Work Permit. Upon payment of the Nonresident Worker fee pursuant to Part XXII of these Regulations, the Director shall issue a Nonresident Worker Work Permit for each worker whose application is approved and shall notify the Immigration Office of the jc;c:;11,inr.P. of thP. Work Pt=!rmit. All Work Permits shall be valid beginning on the date of entry into the Republic. 5.3.1 An Employer may recover a maximum of fifty percent (50%) of the Work Permit (as set out in Rule 22.1) from the Nonresident Worker. The agreement to recover such amount shall be disclosed in the employment contract or other agreements, provided that t he deductions may not exceed ten percent (10%) ofthe Nonresident Worker's gross monthly income. 5.3.2 No Employer may employ a Nonresident Worker and no Nonresident Worker may work in the Republic prior to the issuance of the Nonresident Worker Work Permit or Provisional Labor Visa. 5.4 Provisional Labor Visa. For Nonresident Workers entering the Republic to begin their employment, the Director may issue a Provisional Labor Visa pending successful completion of the work permit application. The Provisional Labor Visa may be used by the Nonresident Worker to enter the Republic and begin employment. Within thirty (30) days of entry, the Nonresident Worker shall report to the Division of Labor, surrender the Provisional Labor Visa and present proof that he/she has satisfactorily completed the physical exam and obtained a social security number. The Nonresident Worker will then be issued a Nonresident Worker Work Permit valid for not more than two (2) years from the date of issuance of the Work Permit. Should the Nonresident Worker fail to satisfactorily complete these requirements, he or she shall be required to depart the Republic upon the expiration of the Provisional Labor Visa. 5.5 Entry into the Republic of Palau. A Nonresident Worker may enter the Republic of Palau to work only if he or she has a valid Work Permit or valid Provisional Labor Visa and certificate of freedom from chronic or communicable disease executed and validated not more than ninety (90) days preceding the date of entry into the Republic of Palau by a physician licensed to practice medicine in the country of origin. These documents shall be presented at the point of entry to responsible officials of the National Government ofthe Republic. 5.5.1 If a Nonresident Worker fails to enter the Republic of Palau within sixty days from the date of issuance of the Provisional Labor Visa or the Work Permit, then the Work Permit shall be void and entry denied. No refunds/offset shall be made to an Employer unless a request is made within one hundred and eighty days (180} from the date of issuance of the Work Permit. All such refunds are at the discretion of the Director. Alternatively, the Employer may apply to the Division of Labor for a sixty (60} day extension of the Provisional Labor Visa upon payment of a seventy-five dollar ($75) fee. The final decision is to be made by the Director, provided that no extension shall be granted if a Nonresident Worker's Provisional Labor Visa or Tourist Visa has expired. 5.6 Post-Entry Physical Examination. Within ten (10) days after authorized entry into the Republic of Palau for employment purposes, the Nonresident Worker shall present himself or herself, for a physical examination, which shall include testing for all communicable diseases, including but not limited to tuberculosis and hepatitis. If the worker is diagnosed with a communicable disease, the Director of Public Health may order that the Nonresident Worker depart the Republic at the Employer's expense. 5.7 Cancellation/Revocation of Work Permit: 5.7.1 The Work Permit may be cancelled by the Director for refusal by the Employer or employee to comply with the labor laws, regulations, or other laws of the Republic of Palau. If the Work Permit is so cancelled, the Director shall take steps to deport the Nonresident Worker. 5.7.2 The timing of the Nonresident Worker's departure from Palau based on cancellation/revocation of Work Permit must take into account the time needed to settle outstanding grievances between Employer and Nonresident Worker. 5.8 Temporary Work Permits: 5.8.1 Pursuant to 13 PNC § 1022, Temporary Work Permits may be issued by the Director for Nonresident Workers who are needed in the Republic of Palau for ninety (90} days or less. 5.8.2 To acquire a Temporary Work Permit, the Employer must submit application forms to the Division of Labor for the approval of the Director. A single extension of a Temporary Work Permit up to another ninety (90} days may be granted by the Director but the total time period, including any extensions, shall not exceed one hundred and eighty (180) days. Announcement of positions for temporary certifications is not required. 5.8.3 Any attempt to use this provision regarding temporary employees under 13 PNC § 1022 as a waiver for the requirements imposed! under 13 PNC § 1041 shall be cause for denial of such application or for revocation of such permit. 5.8.4 Any Temporary Work Permit issued pursuant to 13 PNC § 1022 may only be issued to a nonresident who is not already in Palau. 5.8.5 Notwithstanding the Temporary Work Permit issued pursuant to 13 PNC § 1022, Temporary Placement Permits may also be issued to Nonresident Workers at the discretion of the Director, pursuant to Rule 6.1.3. For purposes of Temporary Placement Permit only, t he Director may waive or reduce the Temporary Permit fee, and may allow for a temporary placement to last no more than twelve (12) months. PART VI CONDITIONS OF EMPLOYMENT 6.1 Employment Restrictions. A Nonresident Worker shall be employed only by the Employer for which he or she has been approved by the Director. This condition does not prohibit legitimate subcontract arrangements. 6.1.1 An Employer shall not permit or allow his or her Nonresident Workers to be "on loan basis or otherwise" to any projects not directly controlled by the Employer. Violators will be subject to fine and/or deportation as provided in Part XVIII. 6.1.2 A Nonresident Worker may perform work outside his or her specific profession or occupation for his or her Employer, but that work must be reasonably related to the job for which he or she was originally employed. 6.1.3 In exceptional cases that involve hardship, legal due process, abuse, or other extenuating circumstances, the Director may issue Temporary Placement Permit to temporarily place Nonresident Workers with other Employers for a period necessary to earn sufficient income to pay for return ticket home, but in no circumstances shall it exceed twelve (12) months. In cases of such temporary placement, the Director shall issue the Nonresident Worker a Temporary Placement Permit, and will require the new temporary employer to enter a new employment contract for the Nonresident Worker, provided the new temporary employer clearly understands that the maximum period of temporary placement employment is twelve (12) months. 6.2 Age Restrictions. A Nonresident Worker shall be between twenty-one (21) and sixty (60) years of age, excluding entertainers applying for temporary Work Permits. The above­stated age restrictions may be waived by the Director upon a showing that the worker provides an irreplaceable service to the Employer or where the worker is married to a Palauan or has Palauan dependents and provides support for family members. 6.3 Employer Financial Requirements. The Director, in his or her discretion, may require the Employer to submit financial statements certified by a competent person and/or a bank which indicate the Employer's ability to pay the Nonresident Worker's wages and repatriation costs. The Director shall not permit an Employer to hire Nonresident Worker if the Employer does not have sufficient income to cover wages and repatriation costs ofthe worker. 6.3.1 Bond; Repatriation Account. The Director may require the Employer to secure a cash bond in an amount sufficient to cover both three {3) months wages and return transportation for the employee. This bond must be paid prior to issuance of a Work Permit or a provisional Work Visa. The bond money shall be deposited by the Director into a dedicated account within the National Treasury. The funds shall be used by the Bureau in case the Employer defaults in payment of wages and/or repatriation costs. If the employee leaves Palau with no outstanding claim for money from the Employer, the Employer shall be entitled to a full refund of the bond money allotted for that employee. 6.3.2 Such bond is mandatory whenever the Employer: a) Has not paid fees, fines, or other money owed to the Bureau or the Tax or Social Security Offices, unless a written agreement has been entered into providing for such payment; b) Has been unable or refused to pay for the return transportation of a Nonresident Worker; c) Has been unable or refused to pay the wages of a Nonresident Worker as required by the employment contract or order ofthe Director; or d) Has otherwise failed to meet financial obligations required pursuant to these regulations. 6.3.3 Third Party Surety or Guarantor for Repatriation Cost. Subject to Rule 6.3.2, the Director may accept Third Party Surety or Guarantor who will assume payment of the return transportation cost of Nonresident Worker on behalf of the Employer. In the event Third Party Surety/Guarantor is used, Director must ensure that the Surety/Guarantor {a) has sufficient income to easily cover the said costs, and {b) signs all necessary paperwork to legally obligate him/her to pay such costs when the need arises. 6.4 Return Transportation to the Point of Hire. THE EMPLOYER IS RESPONSIBLE FOR THE COSTS OF RETURN TRANSPORTATION TO THE POINT OF ORIGIN OF EVERY NONRESIDENT WORKER THAT THE EMPLOYER BRINGS INTO PALAU, REGARDLESS OF THE REASON FOR THE NONRESIDENT WORKER'S DEPARTURE. The Employer and the Nonresident Worker may provide in the employment contract that a portion of the worker's wages be withheld to cover transportation costs back to the point of hire in the event of a breach of contract by the worker or in the event that the worker terminates his or her employment without cause. The amount withheld shall not exceed one hundred percent {100%} of the actual cost of the return leg of the trip. The amount withheld shall be refunded to the Nonresident Worker at the completion of his or her employment contract, or when the employee is terminated without cause. 6.4.1 If there is no specific agreement made in the employment contract between Employer and Nonresident Worker providing for such other arrangement on transportation costs, then Employer shall be responsible for the entire transportation costs. 6.4.2 The costs of return transportation include the cost of a coach flight ticket back to the Nonresident Worker's point of origin and whatever luggage allowance is included in the base ticket. Additional expenses, such as upgraded seating and additional luggage allowances, are not included. 6.5 Workplace Conditions. To ensure safe and healthful working conditions for both Resident and Nonresident Workers in the Republic, Employers shall furnish and use personal and other safety devices to safeguard against and prevent injuries and illnesses arising out of the work environment. Employers shall adopt reasonable and adequate health and safety rules and shall require their employees to comply with such rules for the benefit of both Employers and employees. Employers shall provide an adequate supply of drinking water and sufficient and sanitary toilet facilities at the work site or reasonable access thereto. 6.6 Medical Expenses. Employers shall be responsible for all medical expenses arising from employment-related activities. 6.7 Maximum Food & Housing Deductions. Consistent with Rule 7.3 below, the maximum deduction to be made from the wages of a Nonresident Worker for food and housing shall be twenty-five percent (25%) of the employee's wages. 6.8 Transportation to Worksite. An Employer shall provide transportation for Nonresident Workers from their housing site or from a convenient central meeting place to and from any job site located beyond reasonable walking distance. When such transportation is provided, it shall be equally available to Resident Workers. 6.9 Possession of Work Permit. The Nonresident Worker shall keep his/her Work Permit on his/her person at all times, provided that, just prior to the worker's termination and departure from the Republic of Palau or for extension or renewal of the Work Permit, the Work Permit shall be turned over to the Employer who shall return it to the Division of Labor. In the event Work Permit is turned over to the Employer for extension or renewal purposes, a photocopy of the Work Permit shall be made, given to, and held by the Nonresident Worker to have at all times. 6.10 Time Off. Every Nonresident Worker is entitled to one (1) day off per week, consisting of ten (10) continuous hours without working between 6:00 a.m. and 6:00 p.m. PART VII MINIMUM WAGE AND SALARIES 7.1 Every Employer in the Republic shall pay a minimum wage of three dollars and fifty cents ($3.50) per hour to Resident and Nonresident Workers, unless exempted from minimum wage requirements as provided in Rule 7.2. 7.2 The minimum wage requirements set forth in Rule 7.1 shall not apply to the following: a) Up to two (2) individuals employed as farmers by a Single Employer; b) Up to two (2) individuals employed as domestic helpers, caretakers, babysitters, or house boys; c) Employees who are student s; d) Employees twenty (20) years of age or younger, hired on a probationary basis, for a period not to exceed ninety (90) days; or e) Employees of non-profit organizations. Each Employer may have up t o two (2) individuals employed in each of the five capacities listed in subsections (a) and (b) above for a total of ten (10) employees per Employer not subject to the minimum wage requirement. 7.3 An Employer required to pay minimum wage, pursuant to Rule 7.1 above, shall not be obligated to pay for the employee's transportation, food, housing, or other living expenses. If an Employer does provide food and/or housing to an employee, the reasonable cost of such food or housing may be included in calculating the employee's hourly wage rate for purposes of satisfying minimum wage requirements, or the reasonable cost of such food or housing may be deducted when calculating the wages to be paid to the Nonresident Worker. However, any arrangement to deduct any of these costs shall be disclosed in the employment contract with the Nonresident Worker. 7.4 Failure of an Employer to comply with the above-stated minimum wage requirements may subject the Employer to Civil Penalties as provided by 13 PNC§ 1025. 7.5 Resident Workers shall be given wages and salaries at least equivalent to those given to Nonresident Workers. If annual and sick leave and other benefits are given to Nonresident Workers, the same benefits shall also be given to Resident Workers. PART VIII LIVING CONDITIONS An Employer shall be responsible for meeting: the following conditions where the Employer provides housing to Nonresident Workers and controls the occupancy of the housing. Violations of this Part may be enforced by the Division of Labor or the Division of Environm ental Health, Ministry of Health. 8.1 Site of Housing: 8.1.1 Grounds around worker housing shall be maintained in a clean and sanitary condition free of rubbish, debris, waste paper, garbage, and other refuse. Occupants of worker housing are responsible for assisting in this responsibility to the degree that they generate such refuse. 8.1.2 Whenever worker housing is closed between projects or on a permanent basis, the Employer shall insure that all garbage, waste and other refuse that would cause a nuisance is collected and disposed of and that the grounds and housing are left in clean and sanitary condition. All abandoned outhouse pits shall be filled with earth. Remaining out-houses shall be locked or otherwise secured to prevent unauthorized entrance. 8.2 Shelter: 8.2.1 Worker housing shall be constructed in a manner which will provide protection against the elements, including wind, rain and flood, fire, and landslides. 8.2.2 Natural ventilation consisting of open able windows shall be provided. 8.2.3 Each room in the housing shall be provided with adequate lighting 8.3 An adequate and convenient water supply shall be provided for drinking, cooking, bathing, and laundry purposes. 8.4 Toilet Facilities: 8.4.1 The number of sit-down toilets to be provided shall be no less than one (1) per fifteen (15) persons. 8.4.2 Toilet facilities shall be located within two hundred (200) feet of the sleeping quarters. No toilet facility shall be located in a room used for other than toilet purposes. No outhouse pit shall be within one hundred (100) feet of any sleeping room, eating area, or kitchen. 8.4.3 Natural ventilation consisting of openable windows or other openings shall be provided. 8.4.4 Toilet facilities shall be of sanitary and easily cleanable construction and shall be maintained in sanitary condition by the individuals using the facilities or else by the Employer. 8.5 Laundry, Hand Washing and Bathing Facilities: 8.5.1 Sanitary laundry, hand washing, and bathing facilities shall be provided. 8.5.2 Facilities shall be of sanitary and easily cleanable construction and shall be maintained in sanitary condition by the individuals using the facilities. 8.6 Sewage and Refuse Disposal: 8.6.1 Where public sewers are available, all sewer lines and floor and sink drains from toilet, laundry, hand washing, bathing, and kitchen facilities shall be connected thereto. Where public sewers are not available, all sewer lines and floor and sink drains from toilet, laundry, handwashing, bathing, and kitchen facilities shall be connected to a private wastewater disposal system. 8.6.2 Garbage shall be stored in disposable or cleanable containers. 8.7 Food Storage, Kitchen, and Eating Facilities: 8.7.1 Food or cooking facilities are to be provided wherever workers are provided common living quarters. 8.7.2 Food shall be stored safely. 8.7.3 Refrigeration facilities shall be provided for storage of perishable food. 8.7.4 No person with a communicable disease shall be employed in the preparation or serving of meals. 8.7.5 Facilities shall be adequate for insuring sanitary maintenance of eating and cooking utensils. 8.8 Health Measures: 8.8.1 Adequate first aid supplies shall be available at the living site for the emergency treatment of injured persons. 8.8.2 The Employer shall report to the Bureau of Public Health the name and address of any Nonresident Worker known to have or suspected of having a communicable disease. 8.8.3 The Employer shall report to the Bureau of Public Health any case of food poisoning or unusual prevalence of any illness. PART IX DEPARTURE OF NONRESIDENT WORKERS 9.1 Return of Work Permit. Prior to a Nonresident Worker's termination and departure from the Republic of Palau, his or her Work Permit shall be turned over to the Division of Labor. 9.2 Re-Employment. Upon termination of employment, a Nonresident Worker shall not be permitted to work for any other Employer for a period of five (5) years from the date of departure unless: a) The Nonresident Worker is the spouse of a Palauan citizen; b) The Nonresident Worker's Employer has died and the Employer's legal successor agrees to retain the employment of the Nonresident Worker; c) The Nonresident Worker's Employer sells the company or business or otherwise transfers management of the company or business to another Employer, and the seller/transferor and the buyer/transferee agree the buyer/transferee shall retain the Nonresident Worker as an employee; d) The Nonresident Worker's Employer is a sole proprietor who incorporates the business where the Nonresident Worker is employed; e) The Nonresident Worker's Employer's business dissolves; f) The Nonresident Worker's Employer is found guilty by a court of law for any crime where the Nonresident Worker, or the dependent of a Nonresident Worker, is a victim; g) The Nonresident Worker is abandoned by the Employer as defined in 13 PNC 1044(a)(5); or h) The Nonresident Worker is otherwise issued a Temporary Placement Permit by the Director consistent with Rule 5.8.5 above. Within that five (5) year time period, however, the Nonresident Worker is not prohibited from returning and working for the same Employer with whom the Nonresident Worker had a contract immediately prior to departure or termination of employment. PART X APPLICATIONS FOR RENEWAL /EXTENSION 10.1 Applications for renewal/extension of the Work Permit shall include the following information: a) Work permit extension application form; b) Copy of Passport which expires no less than six (6) months from the date of renewal application; c) Republic of Palau National Police Clearance; d) A Health Clearance, in English, and e) Copy of Worker's expiring Work Permit. 10.2 Applications for renewal shall be submitted at least fifteen (15) working days prior to the expiration of the worker's Work Permit. An Application submitted after the expiration date of the worker's Work Permit is deemed late. Late applications may be considered for approval at the discretion of the Director but will be subject to a fine of twenty five ($25.00) dollars, provided that any application that is over forty-five (45) days late may not be considered. PART XI SUBCONTRACT AGREEMENTS 11.1 While a Nonresident Worker shall only be employed by and work for his/her Employer, this does not prohibit a subcontract agreements. 11.2 In order for the subcontract agreement to be valid, the following requirements must exist: a) The subcontract agreement must be between a subcontractor, who employs the Nonresident Worker, and the prime contractor. A subcontract shall not be made between the Nonresident Worker and prime contractor; b) The purpose of the subcontract agreement must be to provide labor or services to the prime contractor; c) The service(s) to be performed pursuant to the subcontract must have a definite completion date or range, which must be described in the subcontract agreement; d) The subcontractor, who employs the Nonresident Worker, who will be performing the service/project under the subcontract must have an existing business. Employers who do not have a business may not enter into valid subcontract agreements to provide services to a prime contractor; and e) The payment for the services under the subcontract agreement should be paid directly to the subcontractor, who employs the Nonresident Worker. The subcontractor should always be solely responsible for the payment of salaries and other administrative tasks of Nonresident Workers in his or her employ. 11.3 Any subcontract agreement must be approved by the Director in writing before it is valid. 11.4 Any Employer who wishes to have a subcontract agreement approved must transmit to the Division of Labor for review, approval, and r,ecordation. 11.5 Any subcontract agreement that has not been approved by the Director shall have no force and effect under these Rules and Regulations. PART XII RECORD MAINTENANCE/ QUARTERLY REPORTS 12.1 Employer shall keep the following records for presentation upon demand by the Bureau: a) The name, address, age, local residence, job classification, and wage rate of each employee; b) Payrolls showing the number of hours worked each week, the compensation earned, and deductions made for each employee; c) The citizenship, point of origin, entrry permit expiration date, and educational and experiential background of each Nonresident Worker; d) The number of employment-related accidents, the name of any injured worker, the type of injuries, the treatment, the outcome of treatment, the worker's subsequent employment status, and the amount of time lost from work; e) The number of illnesses of Nonresident Workers, the names of such workers, the types of illnesses, the treatment, the outcome of treatment, the worker's subsequent employment status, the amount of time lost from work, and whether hospitalization was required; and f) A copy of the Nonresident Worker agreement authorizing the hiring of the Nonresident Worker in question. g) A copy of any subcontract agreement. 12.2 Failure to maintain such records or provide them to the Bureau upon demand is punishable as provided for in 13 PNC§ 1067 or in Part XVIII of these Regulations. PART XIII REFUNDS/OFFSET REQUEST REQUIREMENTS The following sets forth procedures for receiving refunds or offsets for money paid to the Division of Labor. 13.1 Provisional Labor Visa. In order to receive a refund for a Provisional Labor Visa that was lost or expired, the following procedures apply: a) Requester must write a request letter to the Director. b) Submit a copy of the original Provisional Visa form. c) Must provide payment receipt. 13.2 Renewal/Extension refunds/offset requirements. In order to receive a refund for an extension that was paid for, but not utilized, the following procedures apply: a) Employer must make a request within sixty (60) days after issuance of the work permit renewal/extension. b) Submit request in writing to the Director. c) Submit original work permit. d) Provide copy of passport indicating the date of departure or Immigration Movement Inquiry. e) Employee must depart prior to the issuance of the new work permit extension. f) If original extension/renewal work permit is not submitted, requester must pay for a new original. g) Must provide payment receipt. 13.3 Request for lost temporary work permit outside of the Republic of Palau. a) Must write request letter addressed to Director setting forth the reasons for needing a replacement. b) Attach copy of the passport. c) Include two (2) passport sized photos. 13.4 Cancellation of New/Renewal Work Permit Application. a) Must write letter to Director to cancel. b) Any cancellation of a renewal work permit requires that the letter provide departure date of the worker and surrender the old/current work permit. c) A new Work Permit Application that has been processed to Provisional Visa will not be returned to Employer, but will be kept for recording purposes. 13.5 Work Permit Offset. In the event that an Employer's Nonresident Worker leaves Palau, at no fault of Employer, within three (3) months of arrival, the Employer may obtain an offset on the fee for a new Work Permit. PART XIV CHANGE OF STATUS 14.1 Subject to Rule 14.2 below, the Nonresident Worker Work Permit and/or Provisional Labor Visa must be issued PRIOR TO the worker's arrival in the Republic, unless the worker is already legally present in the Republic. 14.2 Pursuant to 13 PNC § 1048(b), persons present in the Republic pursuant to a tourist, visitor, resident, spouse, dependent, government, missionary visa, or legally in Palau without a visa, who desire to remain in the Republic for employment, may change status to a worker visa while remaining in the Republic but only for employment at a position that requires skilled labor and such unskilled labor depending on the needs of the Republic as determined by the Director with the approval of the Minister ofJustice. 14.3 A Nonresident seeking to change status in accordance with 13 PNC§ 1048(b) and Part XIV will be required to pay a change of status fee in addition to meeting all other requirements. PART XV SPOUSE AND DEPENDENTS OF PALAUANS 15.1 A Nonresident Worker who is legally mairried to a citizen of the Republic of Palau or has been adopted by a citizen of the Republic is not exempt from the requirements of Title 13 of the PNC, except as provided by 13 PNC§ 1044. 15.2 A Spouses and Dependents of a citizen of the Republic of Palau who has been declared an undesirable alien pursuant to 13 PNC § 1005(k) or (I) shall be subject to immediate deportation and shall be denied entry into the Republic. PART XVI EXEMPTION OF MISSIONARY AND PARTIAL EXEMPTION TO STATE GOVERNMENT 16.1 The Bureau does not consider an individual meeting the definition of a Missionary in these Regulations to be a Nonresident Worker. Such individual is thus exempt from the requirements of these Regulations. 16.2 Pursuant to 13 PNC§ 1078, any State Government is exempt from the provisions of Title 13 ofthe PNC when hiring skilled workers only. 16.2.1 An employment contract entered into between any State Government and Nonresident worker must be submitted to Director for review, verification, and approval. The Director's determination shall be provided in written form to the Division of Immigration within fifteen (15) days ofthe determination being made. 16.2.2 Before approving the employment contract, the Director shall ensure that the position subject ofthe employment contract is for the skilled worker. 16.3 State Governments shall comply with the provisions of Title 13 of the PNC when hiring any Nonresident Workers who are not skilled workers. PART XVII OFFICERS AND CREW OF FOREIGN FISHING VESSEL 17.1 All Nonresident Workers employed as officers or crew on board foreign fishing vessels, as defined in Title 27 of the PNC, based primarily in the Republic of Palau are required to obtain a Nonresident Worker Work Permit. A vessel w ill be considered to be based primarily in Palau if it is physically present within the territorial waters of the Republic of Palau for more than sixty (60) days (cumulative) per calendar year. 17.2 In lieu of the documents required in Rule 5.1, the employment of Nonresident Workers as officers or crew on board a foreign fishing vessel requires submission of the following: a) An application form submitted by the Employer; b) A copy of the Nonresident Worker's passport or seamen's book; c) A sworn affidavit completed by the Nonresident Worker; d) A Health Clearance, in English, and e) A copy of the employment contract used by the vessel owner. 17.3 Applications to employ a Nonresident Worker as an officer or crew on board a foreign fishing vessel must satisfy all other requirements of Part V except that such workers are not required to obtain a social security number prior to issuance of the provisional Work Permit. 17.4 A Nonresident Worker Work Permit issued pursuant to this Part shall be valid for a period of up to two (2) years from the date of issuance. Applications for renewal shall be accompanied by the renewal fee and pictures and shall include the information required pursuant to Rule 17.2. 17.5 The housing requirements of Rules 8.1 through 8.8 are inapplicable in situations where the Nonresident employees are housed on board the fishing vessel. PART XVIII COMPLIANCE MONITORING/CITATIONS 18.1 The Division shall monitor compliance with the laws, rules and regulations governing the Protection of Resident Workers Act by inspection at work sites and at housing facilities provided to Nonresident Workers by their Employers. 18.2 Inspections shall include oversight, monitoring and review of the use of Nonresident Workers; Work Permit reviews; review of Employers' records, working and living conditions, and minimum wage requirements; interviews with workers and Employers; and any other action as deemed necessary by the Division. 18.3 The Division may issue citations to those who are in violation of the provisions of Title 13 of the PNC and these Rules and Regulations. Tlhe right to issue citations is in addition to other enforcement measures authorized by Part IV of Title 13 and these Regulations, and shall not preclude further punitive or equitable actions. Penalties for violations of Title 13, §§1020-1077 and these Rules and Regulations include: • For failure to comply with the minimum wage requirements set forth in these regulations and 13 PNC § 1025, the Em[Ployer shall be subject to a civil penalty of five hundred dollars ($500.00) and a penalty equivalent to the sum of all unpaid taxes and social security contributions plus interest; • For all other violations of Title 13 §§ 1022-1077 or these regulations by an Employer, the Employer shall, upon conviction thereof, be fined not more than two thousand dollars ($2,000.00), or imprisoned for not more than six (6) months, or both; • For failure to comply with the requirement that a Nonresident Worker keep his/her Work Permit on his person at all times, the Nonresident Worker shall, upon conviction thereof, be fined not more than fifty dollars ($50.00), or imprisoned for not more t han five (5) days, or both. • For fai lure to comply with the requirement that the Nonresident Worker only engage in employment for compensation with the Employer who has contracted with the Director, the Nonresident Worker may be subject to deportation proceedings; • For any contractor who fails to comply with 13 PNC § 1024, the contractor, upon conviction thereof, shall be guilty of a misdemeanor and subject to a fine of one thousand dollars ($1,000.00) and shall also be ordered to pay reasonable expenses for transportation, lodging, and board to any employee entitled thereto to whom it was not so furnished. 18.4 A party found in non-compliance of the minimum wage requirement shall pay the fine indicated to the National Treasury on or before the date indicated. He or she shall obtain a receipt and present the receipt or copy thereof to the Division. 18.5 An aggrieved party may appeal a finding of non-compliance to the Director within ten (10) days of the receipt of the citation according to the provisions of 13 PNC § 1064. A citation not timely appealed to the Director shall be final for all purposes. 18.6 The Director may disapprove a new application, renewal, or extension involving a party that has an unpaid citation, until such citation is paid. During the pendency of any appeal, however, applications shall be handled in the usual course with the discretion of t he Director. PART XIX DISPUTE RESOLUTION 19.1 Complaints. Any person may file a complaint with the Director that a violation of the provisions of the Protection of Resident Workers Act or these Rules and Regulations has occurred. Any employee or group of employ,ees may file a grievance with the Director in matters related to unsafe working conditions, non-payment of wages, working hours, contract termination, or other breach of the employment agreement or violation of Tit le 13 of the PNC or these regulations. Nonresident Workers should attempt to resolve disputes with their Employer prior to filing a complaint with the Director. Upon receipt of a signed grievance the Director shall begin an investigation. Unsigned grievances or complaints shall be handled at the discretion of the Director. 19.2 Preference Denial. Resident Workers rejected for an advertised job may file a signed written grievance with the Director. In the event the Employer applies to the Division to employ a Nonresident Worker in that job, the Director shall initiate an investigation as to whether a qualified Resident Worker was denied preference in employment. 19.3 Termination by Employer. If a Nonresident Worker is terminated by an Employer before the end of the worker's contract, the Employer shall give written notice to the worker and a copy of such notice to the Division of Labor at least five (5) days prior to the effective date of the termination. The notice shall state the Nonresident Worker's name, the number of the Work Permit, the reasons for termination, and the expected date of departure from the Republic. 19.3.1 Upon receipt of a written termination notice, the Director shall immediately review the reasons for termination. If the terminated worker files a written complaint within ten (10) days of the termination notice concerning the failure of the Employer to comply with the conditions of the employment contract between the worker and his or her Employer, the Director shall immediately initiate an investigation. 19.3.2 Pending the decision of the Director, wages may be withheld by the Employer after notice oftermination. Shelter and food shall be· provided during the ten (10) day waiting period if wages are withheld or if shelter and food had been provided by the employment contract. A sufficient living allowance, as determined by the Director, may be provided in lieu of food and shelter. 19.3.3 Ifthe Director finds that the Employer has complied with relevant contractual provisions in terminating the worker, and has cause to terminate, the worker shall leave the Republic of Palau on or before the date designated by the Director in a written order served upon the person of such worker. The Employer may use money withheld from the Nonresident Worker's wages pursuant to Rule 6.4, to pay for repatriation. If the Director finds that the Employer did not have sufficient cause to terminate the worker, then the worker shall be entitled to all wages withheld for return transportation, and shall be provided a return plane ticket wholly at Employer's expense, subject to the provisions of Rule 6.4.2. 19.3.4 Interim Payment of Wages. If the Director finds that the Employer failed to comply with relevant contractual obligations in terminating a Nonresident Worker, or terminated the worker without cause, the Employer shall be required to pay all regular wages that would have accrued to the employee from the date of the termination notice to the date of the ruling, whether or not employee is working or not, and to comply with any other sanction ordered by the Director. If the Director finds that the Employer did, in fact, comply with relevant contractual provisions in terminating a Nonresident Worker, the Employer shall not have to pay any wages to the employee from the effective date of termination notice unless the employment contract requires otherwise. 19.3.5 Re-Entry after Early Termination by Worker. A Nonresident Worker sent home for violating or prematurely terminating their contractual agreement without cause shall not be allowed to return to work in the Republic of Palau for a minimum of five (5) years. 19.4 Investigations: 19.4.1 Investigations of complaints or grievances may include site inspections, documents reviews, and interviews with the parties to the complaint or grievance and with relevant witnesses, as the Director deems necessary. Interviews may be conducted separately or in the presence of other parties to the complaint or grievance and with relevant witnesses, at the discretion of the Director. The Director may interview the parties and witnesses in the field or upon advance written notice at a specified location. Failure of a party to respond to a written notice of an interview or respond to a written letter asking for information shall not prejudice the Director in rendering its decision based on other information provided by or about that party, nor shall it delay the Director's ruling except where good cause is shown for failure to appear or to provide the information as solicited by the Director. 19.4.2 Parties to a complaint or grievance may submit written statements and documentary or material evidence to the Director during the investigation. 19.5 Settlement. A settlement agreement may be reached between the parties with the assistance of the Director. A record of such settlement specifying its conditions shall be prepared by the Director. The official of the Division/Bureau will sign only as a witness to the settlement agreement. Acceptance of the agreement shall constitute the ruling of the Director and the case shall be closed. 19.5.1 The Division/Bureau shall encourage the parties involved to attempt to settle their differences first, but where settlement agreement cannot be reached, the Director shall issue its written ruling. The ruling shall be in letter form and include the following information: a) Complaint or grievance; b) Information considered by the Bureau in reaching its decision; c) Title, sections, subsections of laws, rules and regulations, or contract provisions violated; and d) Orders directed to one or both parties. PART XX PENALTIES AND INJUNCTIONS 20.1 Whenever, after investigation or hearing, the Director finds that an Employer or employee has violated a statute of the Republic of Palau, these regulations, or applicable contractual obligations, the Director or his designee may order any appropriate sanction including cancellation of nonresident employment agreements with the Employer, and/or prohibiting the Employer from hiring any new Nonresident Workers for a stated period, or assessment of civil penalties in accordance with the law. 20.2 The aggrieved party shall have ten working days in which to file an appeal of the decision of the Director or his designee in accordance with 13 PNC§ 1064 or§ 1065. Failure to do so establishes the Director's ruling as final. 20.3 Injunctions. In addition to any of the other penalties prescribed by law, the Attorney General may bring action in the Trial Division of the Supreme Court of the Republic of Palau to enjoin violations of the provisions of labor laws, rules, or regulations of the Republic. PART XXI EMPLOYEE'S RIGHTS AND REMEDIES 21.1 Employee Bound by Contract and laws Only. Employee's obligations arise solely from the contract he or she signed, and the laws of the Republic of Palau. Employer shall not impose upon employees restrictions, obligations, wage penalties or the like, that are not in the employment contract or that are contrary to the laws of the Republic of Palau. Employer's attempts to do so may subject the Employer to legal action. Further, the Employee's refusal to abide by such unauthorized obligations or restrictions shall not be just cause for termination. 21.2 Nothing herein shall be construed to deny an employee the right to maintain a private cause of action against his or her Employer for breach of contract or for violations of the laws of the Republic of Palau. PART XXII FEES 22.1 New work permit: Skilled Workers $150.00 (1 year) $300.00 (2 years) Unskilled Workers $125.00 (1 year) $250.00 (2 years) 22.2 Application fee (non-refundable} $25.00 22.3 Change of Status Fee $500.00 22.4 Temporary Work Permit $300.00 22.5 Work permit extension: Skilled Workers $150.00 (1 year} $300.00 (2 years) Unskilled Workers $125.00 (1 year) $250.00 (2 years} 22.6 Re-issue of lost/error/damaged work permit $110.00 22.7 Change of Occupation $300.00 22.8 Photocopying $0.50/page 22.9 Rules & regulation copies $5.00 22.10 Re-issue of Provisional Labor Visa (original not returned) $75.00 22.11 Re-issue of Visa (extension of days) $75.00 22.12 Re-issuance of 90 days temporary work permit $50.00 All fees in Part XXII are subject to a $50.00 late penalty for every week or portion of a week that the payment is late. View DocumentNovember 4, 2021
Mask Required To Enter The Divison Of Employment ServicesMinistry of Human Resources, Culture, Tourism & Development Executive Building, National Capitol, Ngerulmud P.O. Box 6011, Koror, Republic of Palau 96940 Telephone: (680) 767-2415 | Fax: (680) 767-2416 E-Mail: [email protected] | Website: http://palaugov.pw/bpss August 22, 2021 PA No. ESD-21-003 PUBLIC ANNOUNCEMENT MASK REQUIRED TO ENTER THE DIVISON OF EMPLOYMENT SERVICES As a safety measure against the spread of the Novel Coronavirus (COVID-19), the public is hereby informed that customers will be required to do the following to be allowed entry into the Division of Employment Services (formerly the Division of Labor), regardless of vaccination status. • Wear well-fitted masks at all times • Sign-in on entry • Sanitize • Observe physical distancing • Face shields may be worn in addition to masks, but face shields may not be worn instead of masks Customers are encouraged to call and set-up appointments if visit will take 15 minutes or more. Please call 488-2497, 488-4331 or 488-4332 for assistance. We thank you for your patience and continued support in ensuring we all remain safe!View DocumentAugust 22, 2021
MHRCTD Org Chart as of 07.06.2021MHRCTD Org Chart as of 07.06.2021View DocumentAugust 5, 2021
EO-451-Organizing the Ministry of Human Resources Culture Tourism and DevelopmentREPUBLIC OF PALAU OFFICE OF THE PRESIDENT SURANGEL WHIPPS, JR. ~ EXECUTIVE ORDER NO. 451 P.O. Box 6051, Palau, PW 96940 Tel. (680) 767-2403/2828 Fax. (680) 767-2424/1662 Email: [email protected] Organizing the J\,finishJ' °"/Human Resources, Culture, Tourism, and Development WHEREAS, pursuant to Article VI of the Constitution, the national government must take positive action to protect the safety and security of persons and property; and WHEREAS, Title 2 of the Palau National Code establishes eight Ministries, including the Ministry of Human Resources, Culture, Tourism, and Development, which is created by RPPL 11-7 and described by Section 117; and WHEREAS, as the national chief executive, the President is empowered, pursuant to Section 109 of Title 2 of the Palau National Code, to provide for the subdivisions of the Ministries and to prescribe their duties, responsibilities, and functions; and WHEREAS, pursuant to 2 PNC § 117, the Ministry of Human Resources, Culture, Tourism, and Development is responsible for preservation, development, and promotion of cultural and historical resources, including museum facilities, the local economy, and human resources functions of the executive branch workforce, the management and development of programs for youth affairs, the promotion and development of tourism, and related matters; NOW, THEREFORE, by virtue of the authority vested in me as President of the Republic of Palau, pursuant to the applicable laws of the Republic, I hereby order the organization of the Ministry of Human Resources, Culture, Tourism, and Development as follows: MINISTRY OF HUMAN RESOURCES, CULTURE, TOURISM, AND DEVELOPMENT The Ministry of Human Resources, Culture, Tourism, and Development shall be headed by a Minister (MHRCTD) who shall be responsible for the administration and management of the subject matters captured in Section 117 of Title 2 of the Palau National Code. The Minister shall coordinate the programs of the Ministry with appropriate authorities, boards, and commissions. The Minister shall be responsible for the performance of the duties and functions of the following offices, bureaus, and divisions: Section 1. Office of Labor Compliance The Office of Labor Compliance shall report to the Minister of Human Resources, Culture, Tourism, and Development and shall have the following duties: 1. Compile and retain familiarity with the labor laws and regulations of the Republic. 2. Issue guidance to public and private sector workforces regarding safe work practices. 3. Coordinate with other agencies to ensure compliance with all employment laws, including requirements of Dependent Visas, Work Visas, and all foreign worker restrictions. 4. Collaborate and partner with international and national organizations for the protection and safety of employees. Section 2. Bureau of Human Resources The Bureau of Human Resources shall be headed by a Director who shall be the Procurement Officer for the purchase of contractual services (Section 608; Title 40 of the PNC). The Director shall be responsible for the day-to-day management of programs and activities involving personnel of the Government, including identifying, obtaining, and developing the human resources, training, and internal controls needed for all national government employees and public service systems; developing and administrating youth and career development programs; and formulating rules, regulations, policies, and procedures to carry out the provisions of the National Public Service System Act. The Director shall be responsible for the performance of the duties and functions of the following functions and shall coordinate the work of the following divisions: 1. Support and facilitate trammg programs to enhance and maintain the skills and qualifications of Government employees. 2. Maintain records for civil service and other employees of the national government and its subparts. 3. Foster and develop, in cooperation with the Appropriate Management Officials and with others, programs to promote the public service system and to improve employee efficiency, including wage audits, performance reviews, and other human resource functions. 4. Institute a formal coordination process with the Ministry of State to disseminate regional and international training opportunities and utilize the employment classification system to match employees with training opportunities. 5. Receive reports from all other Ministries of the Executive Branch to learn of and support the hiring processes for other Ministries. 6. Coordinate with all other Ministries and those personnel that are responsible for human resource and personnel matters to standardize human resource procedures and promote best practices. 7. Formulate policies and procedures related to the Public Service System. 8. Oversee the management and maintenance of the Human Resource Information System to ensure that the database is updated and accurate. 9. Develop and maintain an operational plan to archive old personnel action forms as well as moving towards electronic processing of personnel actions. 10. Promulgate regulations relating to civil service and the Public Service System. Division of Employment Services. The Division of Employment Services shall be headed by a Chief who shall have the following duties and functions: 2 1. Coordinate support for employment services across all sectors in the Republic. 1 Collaborate with Palau National Scholarship Board to promote the retention and return of Palauans to the local workforce. 3. Support and facilitate training programs to maintain and enhance the skills of the local workforce. 4. Assist the Director of the Bureau of Human Resources with regards to investigations into personnel matters with the support and advice of the Office of the Attorney General. 5. Prepare such regular and other reports as may be required by the Director of the Bureau of Human Resources. Coordinate citizen job placement services to link the public to opportunities in the private sector. 6. Coordinate with the Division of Youth and Career Development to cross-promote and engage Palauans with local apprenticeships, training programs, and career opportunities. Division of Youth and Career Development. The Division of Youth and Career Development shall be headed by a Chief. The Division shall be responsible for developing, initiating, coordinating, and supporting youth policy development and programs, participating and providing support to regional and international youth development and related programs as appropriate, and shall perform the following duties and functions: 1. Facilitate youth policy development and its implementation framework at the national and state government. 2. Coordinate and develop appropriate Apprenticeship Programs, including those with key stakeholders such as the Civil Action Team, to promote youth interest in career development. 3. Coordinate opportunities for rehabilitation and vocational training to facilitate reform and reintroduction to civil society following incarceration or contact with the criminal justice system. 4. Seek out additional funds and technical assistance to enhance and promote the development of youth. 5. Manage and administer the Job Corps Program and regularly monitor and review the quality of the local youth work provision; running arts-based activities, community/environmental projects, residential activities, outdoor education, and sporting activities; including supporting youth groups and individuals in various settings, and outreach work. 6. Serve as the national repository of youth-related data in conjunction with other relevant entities. 7. Manage and administer youth and community projects and resources; assessing the needs of young people, and planning and delivering programs related to areas such as 3 health, fitness (physical act1v1t1es and sports), smoking, drinking, drugs, gangs, violence, relationships, and bullying. 8. Provide mentoring, coaching, and supporting individuals to facilitate personal, social, and educational growth in young people as well as encouraging greater social inclusion; working in partnership with professionals from other organizations such as social care, health, police, education, youth offending teams, and local authorities that support young people. 9. Work with parents, families, and community groups in partnership and collaboration with Palau National Youth Council, Palau National Olympic Committee, and other Palau sports federations to advocate young people's interests and promote healthy lifestyles to combat non-communicable diseases. 10. Encourage partnership and collaboration with funding bodies for applied arts and career programs targeting youth, including partnership and coordination with Small Business Development Corporation and the YES (Youth Entrepreneurship Service). Section 3. Bureau of Cultural and Historical Preservation The Bureau of Cultural and Historical Preservation shall be headed by a Director. The Bureau shall coordinate projects, programs, and activities with Belau National Museum, Kramer Ethnography Committee, the Protected Area Network (PAN), Palau Community Action Agency, the Unexploded Ordinance Technical Committee (UXO), and other government and non-government agencies in the preservation and protection of cultural and historical preservation related matters. The Bureau shall be responsible for the performance of the duties and functions of the following divisions. Division of Archaeology. The Division of Archaeology shall be headed by a Chief. The Division shall perform the following duties and responsibilities in Archaeology, Survey, and Inventory: 1. Implement applicable parts of Title 19 of the PNC and Section 106 of the United States National Historic Preservation Act, as amended. 2. Implement project review processes and issue permits pursuant to Title 19 of the PNC. 3. Safeguard and document historic and cultural properties in Palau. 4. Conduct historical clearance review processing. 5. Enhance its work and partnership with Protected Area Network (PAN) and the Unexploded Ordinance Technical Committee in the promotion and protection of historical preservation sites and all its related activities. 6. Establish and maintain a "Palau Registry of Historic Places" and nominate and register potentially eligible sites to the Registry. 7. 4 7. Maintain the Bureau of Cultural and Historical Preservation reference library and conduct reviews of projects relating to the restoration and development of Registered Sites. 8. Participate in public education awareness regarding the importance of preserving and protecting tangible cultural and historical resources. Division of Ethnography. The Division of Ethnography shall be headed by a Chief. The Division shall be responsible for the implementation of applicable parts of Title 19 of the PNC, the "Historical and Cultural Preservation Act," and other applicable laws, and also shall perform the following duties and responsibilities: 1. Keep and maintain the Oral History and Ethnography section databases: photograph, audio, video, and state surveys, and digitize audio recordings for preservation. 2. Maintain a close working relationship with the Klobak era !betel a Cherechar (Society of Historians) to identify, document, and implement Palau's oral history and ethnography; i.e., Palau's oral histories, cultural knowledge, and expressions of culture and practices, in order to preserve, enhance and promote the same through research and publications. In addition, the Division shall work with Kramer Ethnography Committee on all its work and related matters. 3. Preserve, promote, and protect in the area of arts, i.e., music; dance; applied arts such as carving, weaving, jewelry, pottery, culinary, and fashion design; literary arts; visual arts; and photography and videography and others; at all levels. 4. Document contemporary, cultural and traditional arts; promote arts in the community through education and community-based organizations, and coordinate with local and overseas entities dealing with arts in partnership with Belau National Museum. 5. Foster public education and awareness of Palau's historical and cultural heritage; provide guided site visits to students, the public, and visitors; produce bi-annual newsletter; conduct various publicity campaigns, educational workshops, conferences, and symposiums. 6. Develop stakeholder capabilities in identifying and documenting their own oral histories. , Section 4. Bureau of Tourism The Bureau of Tourism will be headed up by a Director and will administer and coordinate the work programs of newly established roles and functions of the Bureau, in particular its regulatory role. The Bureau shall have the following duties and responsibilities: 1. Regulate tourism services and activities throughout Palau. 2. Register, license, and grade all tourism and tourism-related businesses. 3. Develop and implement a code of practice for the tourism sector. 5 4. Write reports, review and finalize reports, disseminate tourism regulatory information, and advise the Minister on matters relating to overall industry performance. 5. Monitor and assess tourism activities and assist in the improvement of tourism services and offerings in Palau, with adherence to sound principles and practices of sustainable tourism. 6. Closely collaborate with Palau Visitors Authority and the Palau Chamber of Commerce, in the promotion and development of the tourism sector in Palau, including but not limited to the following support: developing occupational standards and certification processes and requirements; and supporting the development and enforcement of standards for tourist health, safety, and response. 7. Collaborate with other government agencies, coordinate local tourism sectors, and secure and identify funding internationally. The Bureau will be comprised of the following division: Division of Compliance. The Division of Compliance shall be headed by a Chief who shall be the Compliance Specialist responsible for supervising the programs and related activities of the Division. The Compliance Specialist shall provide all related technical and professional assistance and advice or recommendations relating to Palau tourism sectors and their activities in regulations compliance throughout Palau. The Division shall have the following duties and responsibilities: 1. Enforce tourism regulations, occupational standards, and certification processes and requirements for best tourism practices. 2. Plan and implement compliance programs for the Bureau of Tourism. 3. Write and administer grants. 4. Assist in the development of standards for tourism health, safety, and response. 5. Assist the development of regulations and standards for Palau cultural and aesthetic codes for tourism products and activities with a certification for excellence in products, services, and product supply and delivery consistency. Section 5. Bureau of Development The Bureau Development shall be headed by a Director. The bureau shall be responsible for the development of Palau's domestic commerce and for providing assistance in the development of international trade. The Bureau shall have the following duties and responsibilities: 1. Oversee and promote the development of Palau's domestic commerce. 2. Institute programming for Civil Defense Force training and expand the vocational and technical training available to our law enforcement, state ranger, and PAN Officer community. 3. Collaborate with national and international investors and partners for the advancement of development opportunities. 6 4. Support the business community and investors by coordinating with other agencies to support business development needs involving FIB, EQPB_ historical permits, and Land Court clearance. Division of Commerce. The Division of Commerce shall be headed by a Chief and shall be responsible for assisting in the duties and responsibilities of the Bureau of Development. The Division shall have the following duties and responsibilities: 1. Increasing the development and growth of domestic industries, including, but not limited to, cooperatives, credit unions, and cottage industries; 2. Regulating the licensing of alcohol manufacturing and distribution in Palau. 3. Supporting of economic policies and activities in the Republic. Effective Date and Duration. This Order shall take effect immediately and shall continue until it is rescinded or superseded in a future reorganization of the Executive Branch. Previous Orders. Previous orders, including Executive Order 381, that describe the Bureau and Divisions herein reorganized under the Ministry of Human Resources, Culture, Tourism, and Development are hereby superseded to the extent that they conflict with this Order. Ir~ WITNESS WHEREOF I have hereunto et my hand and affixed my official seal this --1...:..._ day of cfu.n.e....-- , 2021, in Ngerulmud, Republic of Palau. Surangel S. Whipps, Jr. President of the Republic of Palau 7View DocumentAugust 5, 2021
PA21 02 NonresidentWorkersProgram.PalauanThis is a public announcement from the Ministry of Human Resources, Culture, Tourism and Development (“MHRCTD”) to all nonresident workers in Palau whose employment has been affected by the COVID-19 pandemic (in Palauan)View DocumentAugust 5, 2021
PA21 02 NonresidentWorkersProgram.BangladeshThis is a public announcement from the Ministry of Human Resources, Culture, Tourism and Development (“MHRCTD”) to all nonresident workers in Palau whose employment has been affected by the COVID-19 pandemic (in Bengali)View DocumentAugust 5, 2021
PA21 02 NonresidentWorkersProgramThis is a public announcement from the Ministry of Human Resources, Culture, Tourism and Development (“MHRCTD”) to all nonresident workers in Palau whose employment has been affected by the COVID-19 pandemicView DocumentAugust 5, 2021
PA21-01 – Office of Labor Compliance On-Site InspectionsThe Goverment of the Rebuplic of Palau Labor Rules and Regulations, the Office of Labor Compliance will be conduction onsite inspections of all employer-related housing to nonresident workers, and work permits.View DocumentAugust 5, 2021

Cultural and Historical Preservation

Document Title Description Document Published
PNC Title 19Title 19 – Cultural Resources TITLE 19 CULTURAL RESOURCES Chapter 1 Historical and Cultural Preservation Act Subchapter I General Provisions § 101. Short title. § 102. Purposes. § 103. Definitions. § 101. Short title. This chapter may be cited as the “Historical and Cultural Preservation Act”. Source RPPL 1-48 § 1(a), modified. § 102. Purposes. The Olbiil Era Kelulau hereby finds and determines the public policy of the Republic to be as follows: (a) The historical and cultural heritage of the people of Palau constitutes a precious national resource which should be preserved and fostered for the benefit of all. (b) Absent a thorough and workable plan of historical and cultural preservation and education, the history and culture of Palau are threatened with extinction. (c) A strong regulatory framework is necessary to assure that historical sites and historical and cultural properties located in Palau are protected from destruction. (d) A strong program of support for intangible cultural properties and activities is required to preserve Palauan culture and tradition in the face of inevitably increasing foreign contact and interaction. Source RPPL 1-48 § 1(b), modified. Notes RPPL 8-16 § 1 reads: Legislative Findings. The Olbiil Era Kelulau finds that the historical and cultural heritage of the people of Palau constitute a precious national resource that should be preserved for the benefit of all. The Historical and Cultural Preservation Act, a thorough and workable plan for historical preservation, assists in achieving this preservation goal. The Historical and Cultural Preservation Act allows for the promulgation of a regulatory framework to assure that historical sites and historical and cultural properties located in Palau are protected from destruction from both intentional and unintentional actions. The Palau Lagoon Monument Act also addresses historical preservation. It states that “[a]ll ships, other vessels, and aircraft, and any and all parts and contents thereof, which formerly belonged to or were part of the armed forces or commercial fleet of Spain, Germany, Japan, the United States or any other nation, which were sunk to or otherwise deposited on the bottom of the Palau Lagoon and its territorial waters, subject to applicable salvage laws, shall be and hereby are set apart as monuments which shall be collectively called the „Palau Lagoon Monument.‟” These Acts work together to provide penalties for the damage or destruction of a historical site, tangible cultural property, or a lagoon monument. Given the importance of historical sites, cultural property, and lagoon monuments to Palau‟s own cultural preservation, and to the tourism and diving industries, the Olbiil Era Kelulau feels that the current penalties for the destruction or theft of historical sites or artifacts are inadequate. These sites and artifacts are priceless in terms of cultural significance and monetary value because of their irreplaceable nature. In order to demonstrate the Republic‟s dedication to cultural preservation and to show that Palau will not tolerate the destruction and plundering of its heritage, the Olbiil Era Kelulau finds that it is necessary to increase the penalties associated with the removal, theft, damage, or destruction of historical sites, tangible cultural property, and lagoon monuments. ROP v. Palau Museum, 6 ROP Intrm. 277, 279-80 (Tr. Div. 1995). § 103. Definitions. Unless the context clearly requires otherwise, in this chapter: (a) “Board” means the Palau Historical and Cultural Advisory Board. (b) “Chief” means the administrative head of the Division of Cultural Affairs. (c) “Division” means the Division of Cultural Affairs. (d) “Historical site” means any location, site, structure, building, artifact, or landmark located in the Republic or its territorial waters which are of outstanding prehistoric, archaeological, or cultural significance. (e) “Intangible cultural property” means aspects and manifestations of traditional Palauan culture, including music, dances, art, skills employed in applied arts, storytelling and similar activities. (f) “Living national treasure” means an individual especially skilled or knowledgeable in the arts, customs, traditions, folklore or history of the Republic. (g) “Minister” means the Minister of Community and Cultural Affairs. (h) “Person” means an individual, firm, partnership, joint venture, corporation, estate, trust or other association, however organized. (i) “Site” means any location, structure, building or landmark in the Republic. (j) “Tangible cultural property” means those objects, living or non-living, which are manifestations of a part of traditional Palauan culture, and includes any buildings, objects of fine and applied art, archaeological specimens, and particular animals or plants or species of animals or plants. (k) “Artifact” means any object of archeological or historical significance produced or shaped by human craft. Source RPPL 1-48 § 2, as amended by RPPL 3-30 § 9(3), modified. RPPL 8-16 § 2 amends § (d) and adds § (k), modified. Notes ROP v. Palau Museum, 6 ROP Intrm. 277, 277-83 (Tr. Div. 1995). Subchapter II Palau Historical and Cultural Advisory Board § 111. Board creation; composition. § 112. Selection of chairman and vice-chairman; quorum. § 113. Meetings; technical assistance. § 114. Duties and responsibilities. § 111. Board creation; composition. There is established a Palau Historical and Cultural Advisory Board consisting of sixteen (16) members appointed by the President, one member representing each state. Appointments shall be made for a term of three years, provided that prior membership on the Board shall not constitute disqualification for reappointment. Any vacancy on the Board shall be filled for the remainder of the unexpired term in the same manner as the original appointment. Members of the Board shall serve without compensation, but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. Members of the Board serve at the will of the President. Source RPPL 1-48 § 3(a), modified. Notes ROP v. Palau Museum, 6 ROP Intrm. 277, 279-80 (Tr. Div. 1995). § 112. Selection of chairman and vice-chairman; quorum. The Board shall select from among its members a chairman and vice-chairman. Six (6) members of the Board shall constitute a quorum for carrying out the business of the Board. Source RPPL 1-48 § 3(b), modified. § 113. Meetings; technical assistance. The Board shall hold regular meetings every six (6) months and shall hold special meetings when called by the chairman or the President. The Division of Cultural Affairs shall render all necessary technical assistance required by the Board in fulfilling its duties. Source RPPL 1-48 § 3(c), modified. § 114. Duties and responsibilities. The Board shall: (a) establish policies and criteria to be used by the Board in recommending registration of historical sites, tangible and intangible cultural properties, and living national treasures. (b) solicit nominations from government officials and agencies and private citizens for registration of historical sites, tangible and intangible cultural properties, and living national treasures; (c) by majority vote, approve nominations solicited under subsection (b) and report its decisions to the Division for the Division‟s action; and (d) serve as an adviser to the President, the Minister and the Chief of the Division of Cultural Affairs in matters relating to the maintenance and preservation of historical sites, tangible cultural properties, and living national treasures. Source RPPL 1-48 § 4, modified. Notes ROP v. Palau Museum, 6 ROP Intrm. 277, 279-80 (Tr. Div. 1995). Subchapter III Division of Cultural Affairs § 131. Division powers and duties. § 132. Chief to serve as Historical and Cultural Preservation Officer. § 133. Depository for certain specimens and objects. § 134. Control over historical sites and cultural property on public lands. § 131. Division powers and duties. The Division shall: (a) establish a comprehensive historical and cultural preservation program which shall include, but not be limited to, the development of an ongoing program of historical, architectural, archaeological, anthropological and cultural research and development, including surveys, excavations, scientific recording, interpretation and publications of the Republic‟s historical and cultural resources. (b) establish, order and maintain a register of historical sites, a register of tangible cultural property and a register of living national treasures in which shall be entered and numbered the sites, properties or persons approved by the Board pursuant to subsection 114(c) of this chapter. (c) acquire historical sites or tangible cultural properties, real or personal, in fee or in any lesser interest, by gift, purchase, condemnation in accordance with applicable law (but only if condemnation proceedings are permitted by action of the legislative body of the state in which the site or property is located), devise, or bequest; maintain, preserve, restore, administer, or transfer such sites or properties; and charge reasonable fees for the admission to or viewing of such sites or properties. (d) develop a nationwide survey to identify documents and gather information on actual or potential historical sites, tangible or intangible cultural properties, and living national treasures, and furnish to the Board any such information, together with recommendations as to whether such sites, properties or persons should be included on the registers maintained by the Division. (e) prepare, review and revise a national historical and cultural preservation plan, including budget requirements, land use recommendations, and plans for the support, maintenance and sponsorship of living national treasures. (f) apply for and receive gifts, grants, technical assistance and other funding from public and private sources. (g) provide technical and financial assistance to the state governments and public and private agencies involved in historical preservation activities. (h) coordinate activities of the state and political subdivisions of the Republic in accordance with the national historical and cultural preservation plan. (i) stimulate public interest in historical and cultural preservation, including the development and implementation of interpretive programs for historical sites listed in the register of historical sites and property listed in the register of tangible cultural property, the exhibition of tangible cultural property, the promotion, exhibition and performance of intangible cultural property listed in the register of intangible cultural property, and the exhibition of performances and skills by persons listed in the register of living national treasures. (j) assist each state of the Republic in establishing a state board of historical and cultural preservation. (k) develop a written history of Palau, compiling and indexing information on the traditional laws of the Republic and their underlying principles. (l) employ professional and technical staff necessary to carry out the provisions of this chapter through the national public service system and within the limits of appropriations therefor. (m) enter into such contracts with public or private persons, entities or agencies as may be necessary to carry out the provisions of this chapter and within the limits of appropriations therefor. (n) where its functions overlap with those of the Palau Museum, work with the Museum and coordinate activities so as to avoid needless duplication of effort. (o) promulgate such rules and regulations as may be necessary to effectuate the provisions and purposes of this chapter in accordance with all applicable laws; provided that in issuing such rules and regulations, the Division shall place no restriction on any property which may result in inverse condemnation thereof. (p) assist the Foreign Investment Board, the Tourist Commission and private businesses, including hotels, that serve foreign visitors, investors, and tourists, in educating foreign visitors about Palau‟s cultural heritage. Source RPPL 1-48 § 5, modified. Notes ROP v. Palau Museum, 6 ROP Intrm. 277, 279-80 (Tr. Div. 1995). § 132. Chief to serve as Historical and Cultural Preservation Officer. The Chief shall serve as the Palau Historical and Cultural Preservation Officer. As such, he shall be responsible for the comprehensive historical and cultural preservation program and, subject to instruction and supervision of the Minister of State, be Palau‟s liaison officer for the conduct of relations with the United States Government and any other foreign entities with regard to matters of historical and cultural preservation. Source RPPL 1-48 § 6, modified. § 133. Depository for certain specimens and objects. The Division shall serve as, or shall determine the depository for, all field notes, photographs, negatives, maps, artifacts, or other materials generated or recovered through historical and cultural preservation projects supported in whole or in part by the Republic or taking place on lands owned by the Republic. A specimen or object of natural, botanical, ethnological, architectural, historical, cultural, anthropological or archaeological value or interest, and any book, treatise, or pamphlet relating thereto in the possession of any ministry, bureau, division or other agency of the Republic, if and when the same is no longer needed for scientific investigation, study, or any other purpose, shall, at the request of the Palau Museum, be transferred and delivered by such ministry, bureau, division or other agency having possession thereof to the Palau Museum, or exchanged with the Museum, and whereupon, the title shall become vested in the Museum and shall be held by it; provided that the specimens and objects so transferred shall be made available at all reasonable times by the Museum for study and examination by such ministry, bureau, division or other agency and by qualified scholars. Source RPPL 1-48 § 7, modified. § 134. Control over historical sites and cultural property on public lands. The national government reserves to itself the exclusive right and privilege of ownership and control over historical sites and tangible cultural property located on lands or under waters owned or controlled by the national government. Each state reserves to itself the exclusive right and privilege of ownership and control over historical sites and tangible cultural property located on lands or waters owned or controlled by the state. Control over all historical property located on lands owned by the national government shall be vested in the Division and the Division may issue permits for activities relating to the historical sites or tangible cultural property, and may establish restrictions and covenants controlling permitted activities for the purposes of historical and cultural preservation. No permit shall be issued by the Division without the prior approval of the legislative body of the state in which the property is located. The national government shall retain the right to, and control over, all historical sites and tangible cultural property located on land leased to others. In all cases where such a site or property is leased or conveyed, it shall be subject, by covenant or otherwise, to such rights of access, public visitation, and other conditions or restrictions of operation, maintenance, restoration, and repair as the Division may prescribe to accomplish the purpose of historical and cultural preservation. Source RPPL 1-48 § 8, modified. Subchapter IV Projects Affecting Historical Sites or Tangible Cultural Property § 151. National government project affecting historical site or tangible cultural property; review and concurrence by Division. § 152. Duty to report finding of historical site or tangible cultural property. § 153. National government investigation, recording, preservation, and salvage of historical site or tangible cultural property. § 154. Private project affecting historical sites or tangible cultural property; review and concurrence by Division; condemnation proceedings. § 155. Scope of permissible ordinary maintenance or repair of historical site or tangible cultural property. § 156. Division entry upon land for examination or survey. § 157. Penalties. § 151. National government project affecting historical site or tangible cultural property; review and concurrence by Division. Before any agency or officer of the national government commences any project which may affect a registered historical site or tangible cultural property, or transfers any such site or property under its jurisdiction, the agency or officer shall advise the Division and allow the Division an opportunity to review the effect of the proposed project on such sites or properties. The proposed project shall not be commenced, or, in the event it has already begun, continued, or the proposed transfer made, until the Division has given its written concurrence. If the concurrence of the Division is not obtained within ninety (90) days after the filing of a request with the Division, the agency or officer seeking to proceed with such project or transfer may apply to the President, who may request the Board to report on who may take such action as he deems best in overruling or sustaining the Division. If the President fails to act within sixty (60) days of the application, the project or transfer shall be deemed approved. Source RPPL 1-48 § 9(a), modified. Notes ROP v. Palau Museum, 6 ROP Intrm. 277, 277-83 (Tr. Div. 1995). § 152. Duty to report finding of historical site or tangible cultural property. The Republic and its political subdivisions, agencies and officers shall report to the Division the finding of any historical site or tangible cultural property during any project, and shall cooperate with the Division in the investigation, recording, preservation, and salvage of such site or property. The Division shall promulgate guidelines for identifying historical sites and tangible cultural property. Source RPPL 1-48 § 9(b), modified. § 153. National government investigation, recording, preservation, and salvage of historical site or tangible cultural property. Whenever there is a project by any national government agency on lands which are owned or controlled by the Republic or its political subdivisions and which are historical sites or have historical property or value or upon or within which is located tangible cultural property, one-half of one percent of the appropriations for the project, or so much thereof as may be necessary, shall be expended for the investigation, recording, preservation, and salvage of such historical site or tangible cultural property. Nothing in this section shall be construed to limit the expenditure of more than one-half of one percent of the project appropriations for the purposes herein stated should an additional amount be necessary and mutually agreed to by the Division and the government agency planning the construction or improvement. Source RPPL 1-48 § 10, modified. Notes ROP v. Palau Museum, 6 ROP Intrm. 277, 282 (Tr. Div. 1995). § 154. Private project affecting historical sites or tangible cultural property; review and concurrence by Division; condemnation proceedings. Before any construction, alteration, disposition or improvement may be commenced by any person which will significantly affect a historical site or tangible property on the register of historical sites or register of tangible cultural property, the landowner shall notify the Division of the construction, alteration, disposition, or improvement and allow the Division the opportunity to review the effect of the proposed construction, alteration, disposition, or improvement. The proposed construction, alteration, disposition, or improvement shall not be commenced until the Division gives its concurrence. Within ninety (90) days after notification, the Division shall commence condemnation proceedings for the purchase of the historical site or tangible cultural property, permit the person to proceed with construction, alteration, or improvement, or undertake or permit the investigation, recording, preservation, and salvage of any historical information deemed necessary to preserve Palauan history or culture. Source RPPL 1-48 § 11(a), modified. Notes ROP v. Palau Museum, 6 ROP Intrm. 277, 279-80 (Tr. Div. 1995). § 155. Scope of permissible ordinary maintenance or repair of historical site or tangible cultural property. Nothing in this subchapter shall be construed to prevent the ordinary maintenance or repair of any feature in or on a historical site or of any tangible cultural property that does not involve a change in design, material, or outer appearance or change in those characteristics which qualified the site or property for entry onto the register of historical sites or the register of tangible cultural property. Source RPPL 1-48 § 11(b), modified. § 156. Division entry upon land for examination or survey. The Division may, in the performance of its official duties, enter upon private lands for examination or survey thereof, after giving written notice of the finding to the owner or occupant of such property at least five days prior to entry and after receiving the permission of the legislative body of the state in which the property is located. If entry is refused, the Division may make a complaint to the Trial Division of the Supreme Court. After a full hearing, with an opportunity for the owner or occupant to be heard, the court may thereupon issue a warrant, directed to any police officer, commanding him to take sufficient aid, and, being accompanied by a member of the Division between sunrise and sunset, allowing the member of the Division to examine or survey the historical site or tangible cultural property. Source RPPL 1-48 § 11(d), modified. § 157. Penalties. Any person who violates the provisions of this subchapter shall be fined not more than one thousand dollars ($1,000), and each day of continued violation shall constitute a distinct and separate offense under this subchapter for which the offender may be punished. Source RPPL 1-48 § 11(c), modified. Subchapter V Preservation Activities by States § 171. States; historical and cultural preservation programs. § 172. Same; regulations, special conditions or restrictions. § 171. States; historical and cultural preservation programs. The several states of the Republic may engage in a comprehensive program of historical and cultural preservation, to promote the use and conservation of historical sites and tangible cultural property for the education, pleasure, and enrichment of the citizens of the Republic. The governing body of any state may establish a historical and cultural preservation commission to preserve, promote, and develop the historical and cultural resources of the state. State functions undertaken for these purposes shall be supplemental to and not in derogation of the powers and duties of the Division, and shall not constitute a delegation to the states of the powers vested in the Division by this chapter. Source RPPL 1-48 § 15, modified. § 172. Same; regulations, special conditions or restrictions. In addition to any power or authority of a state to regulate by planning or zoning laws or regulations or by other laws and regulations, any state may provide by law or regulation for the protection, enhancement, preservation, and use of historical sites and tangible cultural properties. Such laws or regulations may include appropriate and reasonable control of the use or appearance of adjacent or associated private property within public view, or both, historical easements, preventing deterioration by wilful neglect, permitting the modification of local health and building code provisions and transferring development rights. Source RPPL 1-48 § 16, modified.Subchapter VI Violations and Penalties § 181. Penalties; damaging historical site or tangible cultural property. § 182. Same; reproductions, forgeries, and illegal sales. § 183. Same; restraining orders and injunctive relief. § 181. Penalties; damaging historical site or tangible cultural property. (a) It shall be unlawful for any person, natural or corporate, to take, steal, appropriate, excavate, convert, sell, convey, injure, destroy, alter, or dispose of any registered historical site, any artifact from a historical site, or tangible cultural property located upon lands or in waters owned or controlled by the Republic or any of its political subdivisions without the written permission of the Chief being first obtained. It shall be unlawful for any person, natural or corporate, to take, steal, appropriate, excavate, convert, sell, convey, injure, destroy, alter, or dispose of any registered historical site, any artifact from a historical site, or tangible cultural property located upon lands or in waters owned or controlled by the Republic or any of its political subdivisions except as permitted by the Division. (b) It shall be unlawful for any person, natural or corporate, to aid, abet, assist, or conspire to take, steal, appropriate, excavate, convert, sell, convey, injure, destroy, alter, or dispose of any registered historical site, any artifact from a historical site, or tangible cultural property located upon lands or in waters owned or controlled by the Republic or any of its political subdivisions. (c) Any person who violates this section shall be fined not more than five thousand dollars ($5,000), imprisoned for a period of not more than three (3) years, or both for each separate offense. If the violator directly or indirectly has caused the loss of, or damage to, registered historical sites, artifacts of historical sites, or tangible cultural property, the violator shall be fined an additional amount determined by the court to be equivalent to the value of the lost or damaged historical site, artifacts, or tangible cultural property. Each day of continued violation of this provision shall constitute a distinct and separate offense for which the offender may be punished. Equipment used by a violator for the taking, appropriation, stealing, conversion, sale, conveyance, excavation, storage, injury, destruction, or alteration of a historical site, artifact, or tangible cultural property, or for the transportation of the violator to or from the historical site or the location of the artifact or tangible cultural property, shall be subject to immediate seizure and disposition by the Republic without compensation to its owners. (d) Sixty percent (60%) of the amount of each fine collected pursuant to this section shall be allocated to the state government of the state in which the violation occurred that led to the imposition of the fine, and forty percent (40%) of the amount of each fine shall be allocated to the national government. Source RPPL 1-48 § 12, modified. RPPL 8-16 § 2 amended §§ (a) and (b) in their entirety and adds §§ (c) and (d), modified. Notes ROP v. Palau Museum, 6 ROP Intrm. 277, 281 (Tr. Div. 1995). § 182. Same; reproductions, forgeries, and illegal sales. It shall be unlawful to reproduce, retouch, rework, or forge any registered tangible cultural property and to represent it or offer it for trade or sale as an original and genuine object. It shall be unlawful for any person to offer for sale or exchange any registered tangible cultural property with the knowledge that it has been collected or excavated in violation of any of the terms of this chapter. Any person violating this section shall be fined not more than one thousand dollars ($1,000). Each object offered for sale or trade in violation of this section shall constitute a distinct and separate offense for which the offender may be punished. Source RPPL 1-48 § 13, modified. Notes ROP v. Palau Museum, 6 ROP Intrm. 277, 280 (Tr. Div. 1995). § 183. Same; restraining orders and injunctive relief. (a) In addition to and without limiting the other powers of the Ministry of Justice and without altering or waiving any criminal penalty provisions of this chapter, the Ministry of Justice shall have the power to bring an action in the name of the Republic in any court of competent jurisdiction for restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this chapter. (b) Any person may maintain an action, in the trial court having jurisdiction where the alleged violation occurred or is likely to occur, for restraining orders or injunctive relief against the Republic, its political subdivisions, or any person, upon a showing of irreparable injury, for the protection of a historical site or tangible cultural property and the public trust therein from unauthorized or improper demolition, alteration, or transfer of such property. Source RPPL 1-48 § 14, modified. Notes ROP v. Palau Museum, 6 ROP Intrm. 277, 283 (Tr. Div. 1995). Chapter 2 Palau Museum § 201. Creation. § 202. Board of Trustees. § 203. Annual report. § 201. Creation. The Palau Museum is recognized as being officially chartered as a nonprofit corporation by authority of the High Commissioner as of September 26, 1973, with the purpose of preserving and displaying items of interest and importance in reflection of the natural history of Palau and the culture of the Palauan people. Source PL 5-5-2 § 1, modified. Notes ROP v. Palau Museum, 6 ROP Intrm. 277, 278 (Tr. Div. 1995). § 202. Board of Trustees. The Museum and facilities shall be operated under the authority of a board of Trustees in accordance with the Museum articles of incorporation and bylaws on file with the Registrar of Corporations. The Olbiil Era Kelulau recognizes the present thirteen (13) members of the board of trustees as named in said articles of incorporation; provided that any new members or vacancies on said board shall be appointed or filled only by recommendation of the board to the President, who shall submit the candidates‟ names for the advice and consent of the Senate. There shall always be at least one member of the Olbiil Era Kelulau on the board of trustees. Source PL 5-5-2 § 2, modified. Notes ROP v. Palau Museum, 6 ROP Intrm. 277, 278 (Tr. Div. 1995). § 203. Annual report.View DocumentNovember 9, 2021
Regulations Regarding the Treatment and Disposition Of Human Remains and Burial FurnishingsThese regulations may be cited as the Regulation for the Treatment of Human Remains.View DocumentNovember 9, 2021
Regulations Regarding Palau Cultural And Historical Artifacts1 REGULATIONS REGARDING PALAU CULTURAL AND HISTORICAL ARTIFACTS BUREAU OF ARTS & CULTURE PALAU H P O 1978 BUREAU OF ARTS AND CULTURE/ HISTORIC PRESERVATION OFFICE MINISTRY OF COMMUNITY AND CULTURAL AFFAIRS REPUBLIC OF PALAU 2005 2 BUREAU OF ARTS & CULTURE PALAU H P O 1978 Bureau of Arts and Culture (Historic Preservation Office) Ministry of Community and Cultural Affairs P.O. Box 100, Koror Palau 96940 Phone: (680) 488-2489 fax: (680) 488-2657 e-mail: [email protected] and [email protected] TABLE OF PROVISIONS PART I - GENERAL PROVISION 1.1 Short Title 1.2 Authority 1.3 Effective Date 1.4 Purpose 1.5 Definitions PART II - COVERAGE AND BASIC PRESUMPTION 2.1 Scope of Authority 2.2 Priority PART III - PROCESS FOR REMOVING ARTIFACT FROM A SITE 3.1 - Ownership 3.1.1 Land and water controlled by the National and its political subdivision 3.1.2 Land and water controlled by the states 3.1.3 Land owned by individuals 3.1.3a Non Registered Site 3.1.3b Registered Site 3.2 – Form PART IV – PENALTIES PART V - DISPOSITION OF ARTIFACTS 3 PART I GENERAL PROVISION 1.1 Short Title This regulation may be sited as Regulation Regarding Palau artifacts 1.2 Authority In accordance with Palau National Code, Title 19, Section 131 (o) and 6 PNC § 125, the Director of the Bureau of Arts and Culture adopt this regulation for the Regulation Regarding Palau Cultural and Historical Artifacts. 1.3 Effective Date The Regulations Regarding Palau Cultural and Historical Artifacts shall take effect with the approval of the President of the Republic of Palau sixty (60) days after the date of the Director of the Bureau of Arts and Culture publishes the regulation for public comments, in accordance with 6 PNC § 127. 1.4 Purpose Artifacts constitute an important part of tangible cultural properties. This regulation is to preserve and protect cultural resources from undue destruction by removing artifacts from the site and or taking the artifacts outside of the Republic of Palau. This regulation provides framework for the Director of the Bureau of Arts and Culture to initiate the consultation process which will ultimately determine how the artifacts are to be treated and protected. 1.5 Definitions The following definitions shall apply in the interpretation and enforcement of the provision of these regulations: 1. Artifact - means any portable object modified or used by the people. Examples of artifacts include pottery, stone tools, shell tools, bone tools, flakes, and other portable man-made objects 2. BAC – means Bureau of Arts and Culture 3. Board – means Palau Historical and Cultural Advisory Board 4. Director – means Director of Bureau of Arts and Culture 5. Historians – means any of the 16 members of the Society of Historians 6. Intangible property – means aspects and manifestations of traditional Palauan culture, including music, dance, art, skills employed in applied arts, storytelling and similar activities. 7. Political sub-division – means states, board, commission and semi government agency 8. Site – means locations containing structures, buildings or objects or an area significant to Palau culture and history and any archaeological feature. 9. Tangible property – means those objects, living or non living which are manifestations of a part of traditional Palauan culture, and includes any objects of fine and applied art, archaeological specimens and particular animals or plants. 4 10. Collector – means person who had removed and/or collected artifact from the site and/or having in his/her possession artifact without proper authorization. PART II COVERAGE AND BASIC PRESUMPTION 2.1 Scope of Authority This regulation applies to national, state and privately owned land, in accordance with subchapter III and IV and VI of PNC Title 19. 2.2 Priority All artifacts are presumed to be parts of a site and of significance to Palau culture and history and preferably should be left in situ. The preservation of the artifact in situ is of the higher priority than any scientific or commercial consideration because artifacts are important contributions to our living culture, understanding and appreciation of Palau culture and history. PART III PROCESS FOR REMOVING ARTIFACT FROM A SITE Removal of artifacts from any site without proper documentation is considered adverse effect to a site if it’s not mitigated. 3.1 Ownership 3.1.1 Land and water controlled by the National and its political subdivisions All artifacts within land and water controlled by the National and its political subdivision shall be vested under the Bureau of Arts and Culture. No artifacts shall be taken, relocated, retouched or modified from the site or tangible cultural property without a permit from the Bureau. 3.1.2 Land and water controlled by the states All artifacts within land and water controlled by the state shall be vested under each state. No artifacts shall be taken, relocated, retouched or modified from the site or tangible cultural properties without a permit from the governor and/or the chiefs of the village and concurrence from the Bureau. 3.1.3 Land owned by individuals 3.1.3a Non Registered Site All artifacts within land and water controlled or owned by individuals are owned by the individuals and artifacts taken from the private land shall have to get a permission from the landowner. However, artifacts are an important part of a site and Palauan heritage and BAC under the authority of Title 19, Section (o) and its obligation under Title 19 Section (d) will require that any artifact removed from a privately owned land allow BAC to consult with the landowner and document the artifact in situ where possible before its removal. However, should a removal of artifact will have adverse effect to a site the developer shall be responsible to mitigate the effect 5 3.1.3b Registered Site The sites listed in the Palau Register of Historic Places are highly significant sites in Palau and are protected under Title 19. No artifact shall be removed from the site without a permit from BAC office. 3.2 Form Letter of consent from landowner Repository (in Palau and outside of Palau) Agreement for the Temporary Curation of Artifacts and Records Agreement for the Disposition of Human Remains in the Republic of Palau Regulations regarding the Treatment and Disposition of Human Remains and Burial Furnishings PART IV PENALTIES Pursuant to Title 19, Subchapter IV, Section 157, Subchapter V, Section 181, the following penalties may be imposed for any violation of the laws or of these regulations: a. Any person who violates the provisions of Title 19 or this regulations may be fined $1000 for each day of each separate offense; b. For each loss or damage to the site and/or artifact, the violator shall be fined an additional amount determined by the court to be equivalent to the value of the lost or damage to a site and/or the artifact; c. Each day of continued violation shall constitute a separate offense for which the offender may be punished d. All artifacts shall be forfeit to BAC for temporary custody of Bureau of Arts and Culture who with the assistance from AG’s office will determine the appropriate action to be taken. e. Failure of museum and other cultural, scientific or educational institutions that come into possession of artifact to consult with the HPO regarding their disposition will be subject to same fine. PART V DISPOSITION OF ARTIFACTS Pursuant to Title 19 Section 133, Bureau of Arts and Culture shall serve as, or shall determine the repository for all artifacts.View DocumentNovember 9, 2021
Historic Preservation Fund Grants Manual – 2011 Historic Preservation Fund Grants Manual State, Tribal, Local, Plans & Grants Division National Park Service U.S. Department of the Interior State, Tribal, Local, Plans & Grants Division Cultural Resources, Partnerships, and Science Directorate Table of Contents CHAPTER 1 - INTRODUCTION A. PURPOSE. B. LEGISLATIVE AUTHORITY. C. ELIGIBLE APPLICANTS. D. SHPO RESPONSIBILITIES. E. APPORTIONMENT OF FUNDS. F. AUDIT AND OVERSIGHT. CHAPTER 2 - APPORTIONMENT OF FEDERAL FUNDS A. PURPOSE. B. APPORTIONMENT OF FUNDS TO STATE HISTORIC PRESERVATION OFFICE PROGRAMS. 1.FORMULA STRUCTURE: 2.WHEN HPF APPROPRIATIONS ARE LEVEL OR DECREASE. 3.SPECIAL SITUATIONS. 4.FREELY ASSOCIATED STATES OF MICRONESIA. 5.NOTIFICATION. 6.APPORTIONMENT OF RECAPTURED FUNDS. C. APPORTIONMENT OF FUNDS TO CERTIFIED LOCAL GOVERNMENTS. D. APPORTIONMENT OF FUNDS TO TRIBAL PRESERVATION PROGRAMS. E. CONTINUING RESOLUTION APPROPRIATIONS. F. APPORTIONMENT OF FUNDS TO OTHER GRANTEES. G. TARGETED APPROPRIATIONS. H. APPORTIONMENT CERTIFICATE. CHAPTER 3 - BASIC PROGRAM REQUIREMENTS FOR HISTORIC PRESERVATION FUND GRANTS A. PURPOSE. B. STATE PROGRAM REQUIREMENTS. 1.DESIGNATION OF THE STATE HISTORIC PRESERVATION OFFICER. 2.RESPONSIBILITIES OF THE STATE HISTORIC PRESERVATION OFFICER. 3.STATE PROFESSIONAL STAFF AND STATE REVIEW BOARD. C. CONFLICT OF INTEREST. 1. POLICY. 2. DEFINITIONS. 3. DECLARING AND RESOLVING CONFLICT OF INTEREST. 4. WRITTEN PROCEDURES (CODE OF CONDUCT). 5. PROCUREMENT. 6. NEPOTISM. 7. OFFICIALS NOT TO BENEFIT. 8. CORRUPT PRACTICES. 9. ENFORCEMENT. 10. CONFLICT OF INTEREST INVOLVING CURRENT OR FORMER FEDERAL EMPLOYEES. 11. VIOLATIONS. D. SPECIAL REQUIREMENTS. 1.FEDERAL ADMINISTRATIVE REQUIREMENTS. 2.ENVIRONMENTAL REQUIREMENTS. 3.USE AND DISCLOSURE OF INFORMATION. 4.AUTHORIZED SIGNATURES. E. NPS APPROVAL VIA GRANT AGREEMENT. 1.COVERAGE OF THE GRANT AGREEMENT. 2.FEDERAL SHARE. 3.NONFEDERAL SHARE. 4.TOTAL GRANT COSTS. 5.DURATION OF GRANT. F. APPLICATION AND BUDGET CHANGES/SPECIAL CONDITIONS. G. EFFECT OF GRANT AWARD. H. AMENDMENTS AND OTHER PROGRAMMATIC CHANGES. I. GRANTEE ACCOUNTING RESPONSIBILITIES. J. EXPIRATION OF GRANT OBLIGATIONAL AUTHORITY. K. USE OR LOSE POLICY. CHAPTER 4 - INTERGOVERNMENTAL REVIEW OF FEDERAL PROGRAMS A. PURPOSE. B. GENERAL. C. STATE PROCESS REVIEW SYSTEM. D. FEDERAL RECEIPT OF AND RESPONSE TO STATE PROCESS RECOMMENDATIONS. CHAPTER 5 - GENERAL CONDITIONS GOVERNING GRANTS A. PURPOSE. B. GENERAL CONDITIONS. 1.ALLOWABLE COSTS. 2.AUDIT 3.BUY AMERICAN REQUIREMENTS 4.CIVIL RIGHTS AND EQUAL OPPORTUNITY. 5.COASTAL BARRIER ISLANDS 6.COASTAL ZONE MANAGEMENT 7.CONFLICT OF INTEREST. SEE CHAPTER 3, SECTION C. 8.CONTINGENT FEES 9.CONVICT LABOR 10.COVENANT OR LETTER OF AGREEMENT REQUIREMENTS. 11.DISCLOSURE OF INFORMATION 12.DISABILITY NONDISCRIMINATION REQUIREMENTS. 13.DISCRIMINATION IN EMPLOYMENT PROHIBITED 14.DUAL COMPENSATION 15.ENERGY CONSERVATION 16.ENVIRONMENTAL IMPACT 17.EXAMINATION OF RECORDS 18.FLOOD INSURANCE 19.FLOODPLAIN MANAGEMENT 20.LEAD-BASED PAINT 21.LOBBYING WITH APPROPRIATED FUNDS 22.POLITICAL ACTIVITIES 23.RELIGIOUS INSTITUTIONS 24.RELOCATION ASSISTANCE 25.SAFETY PRECAUTIONS 26.SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT REQUIREMENTS 27.SPECIAL CONDITIONS 28.TIMELINESS OF PROJECT WORK CHAPTER 6 - GRANT-ASSISTED PROGRAM ACTIVITIES A. PURPOSE. B. APPLICABILITY. C. GENERAL REQUIREMENTS FOR GRANT-ASSISTED ACTIVITY. 1. IDENTIFICATION, EVALUATION, REGISTRATION, TREATMENT AND PROTECTION OF RESOURCES. 2. COST PRINCIPLES AND ALLOWABLE COSTS. 3. QUALIFIED STAFF. 4. ACTIVITIES PERFORMED OR REVIEWED BY QUALIFIED STAFF. 5. SECRETARY OF THE INTERIOR’S “STANDARDS” APPLIED. 6. NATIONAL REGISTER CRITERIA APPLIED. 7. TECHNICAL ASSISTANCE. 8. PUBLIC PARTICIPATION. 9. PUBLIC EDUCATION. 10. SECTION 106. D. ELIGIBLE GRANT-ASSISTED ACTIVITIES. 1.TECHNICAL ASSISTANCE. 2.PUBLIC PARTICIPATION. 3.PUBLIC EDUCATION. 4.HABS/HAER DOCUMENTATION PROGRAMS. 5.JOINT PROJECTS WITH OTHER STATE. 6.NONCONSTRUCTION GRANT ASSISTANCE TO CHURCHES AND CHURCH-OWNED PROPERTY. 7.CERTIFIED LOCAL GOVERNMENTS. 8.DEVELOPMENT, SELECTION, MONITORING, AND ADMINISTRATION OF SUBGRANTS. 9.COLLECTION AND TRACKING OF DATA. 10. FEASIBILITY AND OTHER PROPERTY-SPECIFIC STUDIES OR REPORTS. E. INELIGIBLE GRANT-ASSISTED ACTIVITIES. 1. FEDERAL AGENCY RESPONSIBILITIES. 2. MITIGATION ACTIVITIES. 3. UNALLOWABLE GRANT ASSISTANCE TO CHURCHES AND CHURCH-OWNED PROPERTY. 4. FULFILLMENT OF COVENANT REQUIREMENTS. 5. UNALLOWABLE COSTS. 6. REIMBURSEMENT OF SERVICES BY FEDERAL AGENCIES. 7. HABS/HAER PROJECTS. 8. INTERPRETATION. 9. CURATION BEYOND PROJECT END DATE. 10. PROPERTY-SPECIFIC STUDIES AND REPORTS. F. ADMINISTRATION PROGRAM AREA. G. HISTORIC PRESERVATION PLANNING PROGRAM AREA. H. SURVEY AND INVENTORY PROGRAM AREA. I. NATIONAL REGISTER PROGRAM AREA. J. DEVELOPMENT/ACQUISITION/COVENANTS PROGRAM AREA. K. DEVELOPMENT. L. ACQUISITION. M. COVENANTS AND PRESERVATION AGREEMENTS. N. PRESERVATION TAX INCENTIVES PROGRAM AREA. O. REVIEW AND COMPLIANCE PROGRAM AREA. P. LOCAL GOVERNMENT CERTIFICATION PROGRAM AREA. Q. OTHER ACTIVITIES PROGRAM AREA. R. PROGRAM AREAS APPLICABLE TO THE NATIONAL TRUST FOR HISTORIC PRESERVATION. CHAPTER 7 - APPLICATION FOR FEDERAL ASSISTANCE A. PURPOSE. B. GENERAL ANNUAL GRANT APPLICATION INFORMATION. 1.TWO-YEAR AVAILABILITY. 2.CONTINUING RESOLUTION GRANT AWARDS. 3.NONFEDERAL MATCHING SHARE RATIO. 4.PROGRAM AREAS. 5.USE AND DISCLOSURE OF INFORMATION. 6.AUTHORIZED SIGNATURES. 7.CERTIFICATIONS. 8.WAIVERS. C. COMPLETING THE HISTORIC PRESERVATION FUND ANNUAL GRANT APPLICATION--. 1.COMPLETING THE APPLICATION. 2.SPECIAL REQUIREMENTS. 3.APPLICATION TRANSMITTAL. 4.AMENDMENTS AND OTHER PROGRAMMATIC CHANGES. D. SEQUENCE OF GRANT AWARD ACTIONS. E. GRANT APPLICATION INFORMATION AND REVIEW. F. COMPLETING THE ANNUAL GRANT APPLICATION--NATIONAL TRUST FOR HISTORIC PRESERVATION. EXHIBIT 7-A -- APPLICATION FOR FEDERAL ASSISTANCE EXHIBIT 7-B BUDGET FORMS (SF424A AND SF424C) EXHIBIT 7-C ASSURANCES (SF424B AND SF424D) EXHIBIT 7-D CERTIFICATIONS REGARDING DEBARMENT EXHIBIT 7-F SAMPLE ORGANIZATIONAL CHART CHAPTER 8 - SUBGRANTS, CONTRACTS, AND THIRD-PARTY AGREEMENTS A. PURPOSE. B. ANNUAL ANNOUNCEMENT OF AVAILABILITY OF HPF FUNDS. C. OPEN PROJECT SELECTION PROCESS. D. STANDARDS APPLICABLE TO SUBGRANTEES. E. WRITTEN SUBGRANT AGREEMENT F. PROJECT PREREQUISITES. G. REDUCED REVIEW STATUS. EXHIBIT 8-A PROJECT NOTIFICATIONS EXHIBIT 8-B SAMPLE PROJECT NOTIFICATION - NONCONSTRUCTION EXHIBIT 8-C SAMPLE PROJECT NOTIFICATION -- DEVELOPMENT EXHIBIT 8-D SAMPLE PROJECT NOTIFICATION -- ACQUISITION CHAPTER 9 - CERTIFIED LOCAL GOVERNMENTS A. PURPOSE. B. EXEMPTIONS FROM CLG PROGRAM PARTICIPATION. C. PARTICIPATION BY INDIAN TRIBES. D. MINIMUM REQUIREMENTS FOR CERTIFICATION. 1. ENFORCE APPROPRIATE STATE OR LOCAL LEGISLATION. 2. ESTABLISH AN ADEQUATE AND QUALIFIED HISTORIC PRESERVATION REVIEW COMMISSION 3. MAINTAIN A SYSTEM FOR THE SURVEY AND INVENTORY OF PROPERTIES. 4. PROVIDE FOR ADEQUATE PUBLIC PARTICIPATION IN THE LOCAL HISTORIC PRESERVATION PROGRAM. 5. SATISFACTORILY PERFORM THE RESPONSIBILITIES DELEGATED TO IT UNDER THE ACT. E. STATE PROCEDURES FOR CERTIFICATION. F. AMENDMENTS TO NPS APPROVED STATE PROCEDURES. G. CERTIFICATION OF LOCAL GOVERNMENTS. 1.APPLICATIONS FOR CERTIFICATION TO THE SHPO. 2.LIMITS ON DELEGATION OF AUTHORITY FROM SHPOS TO CLGS. 3.CERTIFICATION AGREEMENT 4.NPS REVIEW OF CLG APPLICATIONS. 5.RESULTS OF NPS REVIEW. 6.EFFECTIVE DATE OF CERTIFICATION AGREEMENT. 7.AMENDMENTS TO LOCAL GOVERNMENT CERTIFICATION AGREEMENTS. H. PROCEDURES FOR LOCAL GOVERNMENT CERTIFICATION IF NO APPROVED STATE PROGRAM EXISTS. I. CLG IMPLEMENTATION OF THE SECRETARY’S STANDARDS J. ROLE OF CERTIFIED LOCAL GOVERNMENTS IN THE NATIONAL REGISTER NOMINATION PROCESS. K. HPF PASS-THROUGH TO CERTIFIED LOCAL GOVERNMENTS. L. STANDARDS AND PROCEDURES FOR MONITORING AND EVALUATING CLG PERFORMANCE. M. DECERTIFICATION OF CERTIFIED LOCAL GOVERNMENTS. N. REQUIRED RECORDKEEPING. EXHIBIT 9-A MODEL LOCAL GOVERNMENT CERTIFICATION AGREEMENT EXHIBIT 9-B MODEL CLG CERTIFICATION APPLICATION CHECKLIST CHAPTER 10 - TITLE VI AND SECTION 504 COMPLIANCE REQUIREMENTS A. PURPOSE. B. COVERED EMPLOYMENT. C. COMPLIANCE RESPONSIBILITIES. D. TITLE VI, SECTION 504, AND AGE COMPLAINT PROCEDURES. CHAPTER 11 - ENVIRONMENTAL COMPLIANCE REQUIREMENTS A. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA). B. FLOODPLAIN AND WETLANDS MANAGEMENT. EXHIBIT 11-A ENVIRONMENTAL CERTIFICATION EXHIBIT 11-B FINDING OF NO SIGNIFICANT IMPACT CHAPTER 12 - COST PRINCIPLES AND INDIRECT COSTS A. PURPOSE AND SCOPE. B. APPLICATION OF COST PRINCIPLES. C. BASIC GUIDELINES. D. COMPOSITION OF COST. E. DIRECT COSTS. G. APPLICATION OF INDIRECT COST PRINCIPLES AND PROCEDURES. H. COST ALLOCATION PLAN. CHAPTER 13 - STANDARDS FOR ALLOWABILITY OF COSTS A. PURPOSE AND APPLICABILITY. B. ALLOWABLE COSTS. 1.ACCOUNTING COSTS. 2.ACQUISITION COSTS. 3.ADMINISTRATIVE COSTS. 4.ADVERTISING AND PUBLIC RELATIONS COSTS. 5.ADVISORY COUNCILS. 6.APPRAISALS. 7.AUDIT SERVICE. 8.AUTOMATIC ELECTRONIC DATA PROCESSING. 9.BONDING. 10.BUDGETING. 11.COMMUNICATIONS. 12.COMPENSATION FOR PERSONAL SERVICES (INCLUDING FRINGE BENEFITS). 13.DEPRECIATION AND USE ALLOWANCES. 14.DEVELOPMENT COSTS. 15.DISBURSING SERVICE. 16.EMPLOYEE MORALE, HEALTH, AND WELFARE COSTS. 17.EQUIPMENT AND OTHER CAPITAL EXPENDITURES. 18.EXHIBITS. 19.FURNISHINGS. 20.GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS. 21.INDIRECT COSTS. 22.INSURANCE AND INDEMNIFICATION. 23.INTEREST. 24.INTERPRETIVE SIGNS. 25.LABOR RELATIONS COSTS. 26.LANDSCAPING. 27.LEGAL EXPENSES. 28.MAINTENANCE, OPERATIONS, AND REPAIR. 29.MATERIALS AND SUPPLIES. 30.MEMBERSHIPS, SUBSCRIPTIONS, AND PROFESSIONAL ACTIVITIES. 31.MOTOR POOLS. 32.PAGE CHARGES IN SCIENTIFIC OR PROFESSIONAL JOURNALS. 33.PLANS AND SPECIFICATIONS. 34.PROFESSIONAL AND CONSULTANT SERVICE COSTS. 35.PROTECTIVE DEVICES. 36.PUBLIC INFORMATION SERVICES COSTS. 37.PUBLICATION AND PRINTING COSTS. 38.RECRUITING COSTS. 39.RELOCATION ASSISTANCE. 40.RENTAL COSTS. 41.RESEARCH. 42.REVIEW BOARDS. 43.ROYALTIES AND OTHER COSTS FOR USE OF PATENTS AND COPYRIGHTS. 44.SEVERANCE PAY. 45.SIGNS. 46.SPECIALIZED SERVICE FACILITIES. 47.TAXES. 48.TERMINATION COST. 49.TRAINING AND EDUCATION. 50.TRAVEL. C. COSTS ALLOWABLE WITH APPROVAL OF NPS. 1.AUTOMATIC DATA PROCESSING. 2.EQUIPMENT AND OTHER CAPITAL EXPENDITURES. 3.EXTENDED TRAINING. 4.FOREIGN TRAVEL. 5.MOVING HISTORIC STRUCTURES OR OBJECTS. 6.OVERTIME. 7.PARTICIPANT SUPPORT COSTS. 8.PREAGREEMENT COSTS. 9.PROPOSAL COSTS. 10.REARRANGEMENTS AND ALTERATIONS. 11.REVOLVING FUND COSTS. D. UNALLOWABLE COSTS. 1.ARCHIVAL RESEARCH. 2.ACQUISITION OF PREVIOUSLY ASSISTED PROPERTIES. 3.ALCOHOLIC BEVERAGES. 4.ARCHEOLOGICAL SALVAGE. 5.BAD DEBTS. 6.CERTIFIED HISTORIC STRUCTURES. 7.CHURCH-OWNED PROPERTY. 8.CONDITIONAL DONATIONS. 9.CONTINGENCIES. 10.CONTRIBUTIONS AND DONATIONS. 11.CURATION. 12.ENTERTAINMENT. 13.EQUIPMENT. 14.FEDERAL PROPERTIES. 15.FINES AND PENALTIES. 16.FUNDRAISING AND INVESTMENT MANAGEMENT COSTS. 17.GENERAL GOVERNMENT EXPENSES. 18.HABS/HAER COSTS FOR FEDERAL SUPERVISION. 19.HONORARIA. 20.IDLE FACILITIES AND IDLE CAPACITY. 21.INDIRECT COSTS TO INDIVIDUALS. 22.INSURANCE AND INDEMNIFICATION. 23.INTEREST AND OTHER FINANCIAL COSTS. 24.INTERPRETIVE EXPENSES. 25.LOBBYING. 26.MAINTENANCE AND ADMINISTRATION. 27.MEALS. 28.MITIGATION EXPENSES. 29.MUSEUMS. 30.NONCONFORMANCE WITH APPLICABLE SECRETARY OF THE INTERIOR'S STANDARDS. 31.ORGANIZATION COSTS. 32.PROFITS AND LOSSES ON DISPOSITION OF DEPRECIABLE PROPERTY OR OTHER CAPITAL ASSETS. 33.PROHIBITION ON COMPENSATING INTERVENORS. 34.PURCHASE PRICE. 35.TAXES. 36.UNDERRECOVERY OF COST UNDER GRANT AGREEMENTS. CHAPTER 14 - MATCHING SHARE A. PURPOSE AND SCOPE. B. DEFINITIONS. C. BASIC GUIDELINES. D. ALLOWABILITY. E. TIMING OF CONTRIBUTIONS. F. RELATIONSHIP OF COSTS TO GRANT PERIOD. G. VALUATION OF IN-KIND CONTRIBUTIONS. H. VALUATION OF IN-KIND CONTRIBUTIONS FROM NONFEDERAL THIRD PARTIES. I. REQUIRED SUPPORTING DOCUMENTATION FOR VOLUNTEER SERVICES. J. VALUATION OF DONATED EXPENDABLE PERSONAL PROPERTY. K. VALUATION/USE OF DONATED NONEXPENDABLE PERSONAL PROPERTY, BUILDINGS AND LAND, L. USE OF FEDERAL FUNDS. M. EXCLUSIONS. N. EXAMPLES OF FORMS. CHAPTER 15 - APPLICATION AND BUDGET CHANGES A. PURPOSE. B. APPLICABILITY. C. GENERAL. D. PROGRAMMATIC GRANT OR BUDGET CHANGES. E. SUBGRANT PROJECT OR BUDGET CHANGES. F. REQUESTING PRIOR APPROVAL: GRANTS. G. SUBGRANTEES REQUESTING PRIOR APPROVAL FROM THE GRANTEE. H. PHASED PROJECTS. I. USE OR LOSE CARRYOVER LIMITATION. J. CLG PASS-THROUGH. K. EXTENSIONS OF TIME FOR ANNUAL GRANTS. L. NPS INITIATED REPROGRAMMING AND DEOBLIGATIONS. EXHIBIT 15-A MODEL PROJECT BUDGET FORM CHAPTER 16 - PROGRAM INCOME (GRANT-RELATED INCOME) A. PURPOSE. B. POLICY. CHAPTER 17 - PROCUREMENT STANDARDS A. APPLICABILITY. B. GRANTEE/GRANTOR RESPONSIBILITY. C. CODE OF CONDUCT. D. PROCUREMENT PROCEDURES. E. CONTRACTING WITH MINORITY BUSINESS ENTERPRISE AND WOMAN BUSINESS ENTERPRISE FIRMS. F. TYPES OF CONTRACTS. G. SELECTION PROCEDURES. H. METHODS OF PROCUREMENT. I. COST OR PRICE ANALYSIS. J. GRANTEE PROCUREMENT RECORDS. K. CONTRACT PROVISIONS. L. BONDING AND INSURANCE. M. RECORD KEEPING AND ACCESS TO CONTRACTOR RECORDS. EXHIBIT 17-A MBE/WBE UTILIZATION UNDER FEDERAL GRANTS, EXHIBIT 17-A MBE/WBE UTILIZATION UNDER FEDERAL GRANTS, CHAPTER 18 - EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT COMPLIANCE A. PURPOSE. B. WOMEN AND MINORITY CONSTRUCTION HIRING GOALS. C. GRANTEE RESPONSIBILITIES. D. CONTRACTOR RESPONSIBILITIES. E. SANCTIONS. F. COMPLAINTS. EXHIBIT 18-A NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION EXHIBIT 18-B STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS EXHIBIT 18-C EQUAL EMPLOYMENT OPPORTUNITY CLAUSE EXHIBIT 18-D CERTIFICATION OF NON-SEGREGATED FACILITIES CHAPTER 19 - PROPERTY MANAGEMENT STANDARDS A. PURPOSE. B. SCOPE AND APPLICABILITY. C. DEFINITIONS. D. PROPERTY MANAGEMENT STANDARDS. CHAPTER 20 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES A. PURPOSE AND POLICY. B. ACQUISITION INVOLVING NO FEDERAL ASSISTANCE. C. ASSURANCES. D. RESPONSIBILITY OF THE GRANTEE. E. SERVICE ACTION ON RELOCATION AND ACQUISITION DOCUMENTS. F. RELOCATION ASSISTANCE ADVISORY SERVICES. G. APPEALS. H. APPRAISALS. I. ACQUISITION AT LESS THAN APPRAISED MARKET VALUE. J. ANNUAL REPORT. K. REGULATIONS OF THE DEPARTMENT OF THE INTERIOR. L. TECHNICAL ASSISTANCE. EXHIBIT 20-A ANNUAL REPORT ON RELOCATION AND REAL PROPERTY ACQUISITION EXHIBIT 20-B RESIDENTIAL RELOCATION DISPLACEMENT STATISTICS CHAPTER 21 - PAYMENTS, FINANCIAL MANAGEMENT AND REPORTING REQUIREMENTS A. FINANCIAL MANAGEMENT SYSTEM REQUIREMENTS. B. FINANCIAL PERSONNEL. C. CASH DEPOSITORY PROCEDURES. D. FINANCIAL REPORTING AND PAYMENT REQUIREMENTS. E. QUALIFICATIONS. F. REIMBURSEMENT BY THE SMARTLINK PAYMENT MANAGEMENT SYSTEM. G. SIGNATURE CARDS. H. REIMBURSEMENT BY TREASURY CHECK. I. ADVANCED PAYMENT REQUIREMENTS. J. ADVANCE BY TREASURY CHECK. K. REVIEW OF DRAWDOWNS. L. REQUESTS FOR FORMS. EXHIBIT 21-A SAMPLE SMARTLINK PAYMENT SCREEN EXHIBIT 21-B AUTHORIZED SIGNATURE CARD FOR PAYMENT VOUCHERS EXHIBIT 21-C REQUEST FOR ADVANCE OR REIMBURSMENT FORM (SF270) EXHIBIT 21-D FEDERAL CASH TRANSACTIONS REPORT (SF272) CHAPTER 22 - GRANT CLOSEOUT, SANCTIONS, SUSPENSION, AND TERMINATION A. PURPOSE. B. CLOSEOUT PROCEDURES. C. AMOUNTS PAYABLE TO THE FEDERAL GOVERNMENT. D. SANCTIONS FOR NONCOMPLIANCE. CHAPTER 23 - GRANTEE ACCOUNTING AND AUDIT RESPONSIBILITIES A. PURPOSE. B. APPLICABILITY. C. DEFINITIONS. D. POLICY. E. AUDIT COSTS. F. SCOPE OF AUDIT. G. FREQUENCY OF AUDIT. H. SANCTIONS. I. GRANTEE ACCOUNTING AND AUDIT RESPONSIBILITIES FOR SUBGRANTEES (SUBRECIPIENTS). J. AUDITOR SELECTION. K. AUDIT DOCUMENTATION. L. SUBMISSION OF SINGLE AUDIT REPORTS. M. RESPONSE TO FEDERAL AUDIT FINDINGS. N. SATISFACTION OF FINAL FEDERAL AUDIT DISALLOWANCES. O. RECOVERY OF DISALLOWED COSTS. P. COLLECTION PROCEDURES. EXHIBIT 23-A OFFICE OF INSPECTOR GENERAL REGIONAL OFFICES CHAPTER 24 - RETENTION OF RECORDS A. PURPOSE. B. APPLICABILITY TO CONTRACTORS AND SUBCONTRACTORS. C. RETENTION PERIOD. D. MICROFILM COPIES. E. ACCESS TO RECORDS. F. INSPECTIONS. G. DISCLOSURE OF INFORMATION. H. REPORTS AND RECORDS. I. SUPPORTING DOCUMENTATION. CHAPTER 25 - MONITORING AND REPORTING PROGRAM PERFORMANCE A. PURPOSE. B. STANDARD FOR MONITORING BY GRANTEES. C. REQUIRED PERFORMANCE REPORTS. D. END-OF-YEAR REPORT -- STATES. 1.CUMULATIVE PRODUCTS TABLE. 2.PROJECT/ACTIVITY DATABASE REPORT. 3.UNEXPENDED CARRYOVER FUNDS TABLE AND CARRYOVER STATEMENT (USE OR LOSE POLICY). 4.SOURCES OF NONFEDERAL MATCHING SHARE REPORT. 5.SIGNIFICANT PRESERVATION ACCOMPLISHMENTS SUMMARY. 6.ACCOMPLISHMENTS NARRATIVE. 7.TRANSMITTAL OF THE END-OF-YEAR REPORT. E. OVERDUE OR UNACCEPTABLE REPORTS. F. NPS ON-SITE REVIEW. G. END-OF-YEAR REPORT -- NATIONAL TRUST FOR HISTORIC PRESERVATION. EXHIBIT 25-A SOURCES OF NONFEDERAL MATCHING SHARE REPORT EXHIBIT 25-B PROJECT/ACTIVITY DATABASE REPORT EXHIBIT 25-C PROJECT/ACTIVITY DATABASE CARRYOVER STATEMENT EXHIBIT 25-D UNEXPENDED CARRYOVER FUNDS TABLE CHAPTER 26 GLOSSARY Historic Preservation Fund Grants Manual 1-1 Chapter 1 Introduction Chapter 1 - Introduction A. Purpose. This Chapter describes the framework for the operation of the Historic Preservation Fund (HPF) grantsin-aid program authorized by the National Historic Preservation Act (hereafter referred to as the Act), as amended. B. Legislative Authority. As stated in the Act, the Secretary of the Interior is authorized, among other things, to do the following: 1. Maintain a National Register of Historic Places. To expand and maintain a National Register of Historic Places composed of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, and culture. 2. Issue Regulations for State Historic Preservation Programs. In consultation with the National Conference of State Historic Preservation Officers and the National Trust for Historic Preservation, to promulgate or revise regulations for State Historic Preservation Programs. See 36 CFR 61. These regulations state that the Secretary will approve a State program if he determines that the program: (a) provides for the designation and appointment by the Governor of a "State Historic Preservation Officer" to administer such program in accordance with Section 101(b)(3) of the Act and for the employment or appointment by such officer of such professionally qualified staff as may be necessary for such purposes; (b) provides for an adequate and qualified State historic preservation review board designated by the State Historic Preservation Officer unless otherwise provided for by State law; and, (c) provides for adequate public participation in the State Historic Preservation Program, including the process of recommending properties for nomination to the National Register. 3. Award Matching Grants to States. To administer a program of matching grants to the States for the purposes of carrying out the Act. 4. Award Matching Grants to the National Trust for Historic Preservation. To administer a program of matching grants-in-aid to the National Trust for Historic Preservation in the United States, chartered by Act of Congress approved October 26, 1949, P.L. 81-408 (63 Stat. 947), for the purposes of carrying out the responsibilities of the National Trust. C. Eligible Applicants. Eligible applicants are: 1) States (as defined in the Act) operating NPS- approved programs; 2) Indian tribes and Native Hawaiian organizations; 3) the National Trust for Historic Preservation (the National Trust); and 4) Certified Local Governments where there is no approved State program. Nonfederal government units, private organizations, corporations and individuals may apply for financial assistance as subgrantees of the States and/or the National Trust under procedures established by these grantees. "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. June 2007 Release Historic Preservation Fund Grants Manual 1-2 Chapter 1 Introduction Throughout this Manual the term "grantee" always refers to State Historic Preservation Offices and the National Trust for Historic Preservation. The term "nonprofit organization" refers to the National Trust, but not to State Historic Preservation Offices. Recipients of grants from the SHPO or National Trust are “subgrantees.” The subgrantee is the entire legal entity even if a particular component of the entity is designated in the subgrant award document. D. SHPO Responsibilities. Section 101(b)(3) specifies the specific responsibilities that the State Historic Preservation Officer must address in administering the State’s preservation program (see also Chapter 3, Section B.2): E. Apportionment of Funds. 1. The Secretary of the Interior apportions obligational authority to eligible States after funds are appropriated by Congress. See Chapter 2. 2. The annual apportionment award to a grantee may be reduced by the amount of unobligated or unexpended funds. Procedures for the adjustment of obligational authority are detailed in Chapter 3, Sections J and K. The Federal funds awarded must be matched by amounts of cash or integral and necessary in-kind contributions. The matching contribution required is 40 percent of the aggregate costs of carrying out projects and programs. Matching fund requirements for Insular areas and the Micronesian States have been legislatively waived (see Chapter 14, Section D.4.). 3. The Secretary shall make funding available to individual States and the National Trust for Historic Preservation as soon as practicable after execution of a grant agreement. For purposes of administration, grants to individual States and the National Trust each shall be considered to be one grant and shall be administered by the National Park Service as such. Awards of assistance shall be made subject to the terms of availability established in Appropriations Acts, the Secretary of the Interior's Apportionment Certificate, and/or further prescribed by terms and conditions of grant awards (generally 24 months). See Chapter 3, Section E. F. Audit and Oversight. Each State or direct grantee will execute audits of grant expenditure records in accordance with the single audit requirements of OMB Circular A-133; and 43 CFR 12, Subpart B. See also Chapters 23 and 24. In accordance with Section 101(b)(2) of the Act, the Secretary shall conduct such periodic program audits as may be deemed necessary or appropriate to ensure that such programs meet applicable accountability standards. The Secretary, in consultation with State Historic Preservation Officers, shall establish oversight methods to ensure State program consistency and quality without imposing undue burdens on State Historic Preservation Officers. If, at any time, the Secretary determines that a major aspect of a State program is not consistent with the Act, the Secretary shall disapprove the program and suspend in whole or in part any contracts or cooperative agreements with the State and the State Historic Preservation Officer, until the program is consistent with the Act, unless the Secretary determines that the program will be made consistent with the Act within a reasonable period of time June 2007 Release Historic Preservation Fund Grants Manual 2-1 Chapter 2 Apportionment of Federal Funds Chapter 2 - Apportionment of Federal Funds A. Purpose. This Chapter sets forth the basis for recommendations that the National Park Service (NPS) makes to the Secretary for apportioning funds appropriated from the Historic Preservation Fund (HPF) to States, Tribes, Certified Local Governments, and other grantees. The methods set forth in this Chapter conform to Sections 101(e) and 103 of the National Historic Preservation Act, as amended, and the regulations for historic preservation programs (36 CFR 61). The methods that this Chapter sets forth apply to all appropriations from the Historic Preservation Fund to the extent that specific Congressional directions do not indicate otherwise. B. Apportionment of Funds to State Historic Preservation Office Programs. The National Park Service shall use the following formula to calculate its recommended apportionment of HPF funds to States. 1. Formula Structure: a. Three-Tiered Apportionment Formula. The formula will use three sequential tiers as follows below, subject to adjustment for inflation. See Sections B.1.b, c., d., and e. below for details. 1) For annual appropriations up to $20 million (excluding the Freely Associated States of Micronesia – see Section B.4, below), NPS will allocate all funds to Tier 1 (the Base Award – see Section B.1.c. below). 2) For annual appropriations from $20 million to $50 million, NPS will allocate $20 million to Tier 1 (the Base Award) and the balance (i.e. up to $30 million) to Tier 2 (Noncompetitive Factors – see Section B.1.d.below). 3) For annual appropriations higher than $50 million, NPS will allocate $20 million to Tier 1 (the Base Award), $30 million to Tier 2 (Noncompetitive Factors), and the balance to Tier 3 (Preservation Initiatives – see Section B.1.e. below). b. Inflation Adjustment. NPS may adjust the maximum dollar amount that it allocates to Tier 1 (or to Tiers 1 and 2 combined) in response to the effects of inflation when warranted and after consultation with the President, National Conference of State Historic Preservation Officers. NPS will base its inflation calculations on the Consumer Price Index that the U.S. Department of Commerce supplies. c. Tier 1 -- Base Award. Each State will receive an equal share of Tier 1. Assuming $20 million in Tier 1, this amounts to approximately $357,000 each State per annum subject to inflation. d. Tier 2 -- Noncompetitive Factors. NPS will allocate the funds available for Tier 2 equally among three factors. June 2007 Release Historic Preservation Fund Grants Manual 2-2 Chapter 2 Apportionment of Federal Funds 1) Population. NPS will divide one-third of the funds available for Tier 2 based upon each State’s share of the 2000 population of the United States. NPS will use U.S. Census data to make the calculations. NPS will use square roots to control extreme values. 2) Area. NPS will divide one-third of the funds available for Tier 2 based upon each State’s share of the total area of the United States. NPS will use U.S. Census/United States Geological Survey (U.S.G.S.) data to make the calculations. For the purposes of this apportionment formula, a State's area includes water boundaries out to the three-mile limit. NPS will use square roots to control extreme values. 3) Historic Resources. NPS will divide one-third of the funds available for Tier 2 based upon each State’s share of the total number of residences over 50 years old as defined and identified in the 2000 U.S. Census. NPS will use square roots to control extreme values. e. Tier 3 – Preservation Initiatives. 1) NPS will base its Tier 3 calculations upon predetermined competitive factors that it develops in consultation with State Historic Preservation Officers and makes known to them no later than the beginning of the fiscal year preceding that of the grant period in which the formula is to be applied. 2) The factor(s) for at least one-half of the funds in Tier 3 will relate directly to local level a) historic preservation program capacity building and/or b) identification, evaluation, registration, or treatment of historic and/or prehistoric properties. 3) NPS will put Tier 3 will be in effect only when appropriations are sufficiently more than the Tier 3 threshold to warrant use. If appropriations are only slightly greater than the tier threshold and NPS determines that using Tier 3 would have only a marginal or negligible effect on individual awards would be realized, then NPS will not put the tier into effect. NPS will make this determination after consultation with the President, National Conference of State Historic Preservation Officers. 4) If Tier 3 uses products from the Cumulative Products Table (see Chapter 7) as factors: a) NPS will select proposed products from among those that NPS can easily verify, and, b) NPS will require no additional State record keeping solely for apportionment purposes. 5) If a State cannot document performance results that NPS used to apportion Historic Preservation Fund monies under Tier 3 (also see Chapter 25), NPS will, on a case-by-case basis, carry out steps that may include, but are not limited to, the following: a) adjustment of current award, b) adjustment of subsequent award, June 2007 Release Historic Preservation Fund Grants Manual 2-3 Chapter 2 Apportionment of Federal Funds c) loss of eligibility to participate in subsequent reapportionment(s), d) loss of eligibility to participate in the apportionment of a particular performance factor(s) in Tier 3, e) loss of the entire performance-based (Tier 3) allocation, f) loss of eligibility to participate in a subsequent apportionment, and/or, g) loss of Approved State Program status. 2. When HPF Appropriations are Level or Decrease. Each year’s total appropriation amount will determine the amount that NPS allocates to Tier 1, Tier 2, and Tier 3. Yearly changes in total appropriation amounts do not change the process except for the amount that NPS has available to allocate to each tier. This approach will have the following impact on each State’s award. If the total appropriation is identical to the previous year's appropriation, each State’s award will be identical to the award for the previous year’s award unless the data for calculating Tier 3 have changed, the data for calculating Tier 2 have changed, NPS has made an inflation adjustment, etc. If the total appropriation is less than the previous year's appropriation, each State’s award will lose from its Tier 3 component before it loses anything from its Tier 2 component and will lose from its Tier 2 component before it loses anything from its Tier 1 component. 3. Special Situations. The National Park Service may adjust awards to individual States to meet specific emergency situations or other special situations on a case-by-case basis and after consultation with the President, National Conference of State Historic Preservation Officers. 4. Freely Associated States of Micronesia. NPS will apportion funds to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau from HPF appropriations to States in a manner separate from the formula in this section and in a manner to be determined by NPS in consultation with the historic preservation officers of the three jurisdictions and the President, National Conference of State Historic Preservation Officers. 5. Notification. By law, the Secretary will notify each State (with an approved State program) in writing of its apportioned obligational authority within 30 days of the enactment of the regular Department of the Interior fiscal year appropriation. See Section H, below. The 30-day time period for completing the apportionment of funds to the States begins on the date that the President signs the appropriations bill into law. 6. Apportionment of Recaptured Funds. a. NPS will determine when sufficient funds have been recaptured to warrant reapportionment. June 2007 Release Historic Preservation Fund Grants Manual 2-4 Chapter 2 Apportionment of Federal Funds b. The criteria and method of reapportionment will vary depending on the amount and type of funds recaptured and national or specific needs or issues at the time. c. NPS will determine the appropriate level of consultation based on the amount and type of recaptured funds. d. Reapportionment does not change the eligible uses of targeted funds (e.g., CLG minimum passthrough). States must us those reapportioned recaptured funds for the general purposes for which Congress targeted them. e. States from which NPS has recaptured funds are not eligible to receive any of the reapportionment of those funds. C. Apportionment of Funds to Certified Local Governments. Each approved State that has a Certified Local Government (CLG) program apportions funds to its CLGs in accordance with the State’s approved process for Transfer of Funds to Certified Local Governments. See 36 CFR 61 and Chapter 9. Where there is no approved State program, the National Park Service will act in place of the State. See 36 CFR 61 and Chapter 9. D. Apportionment of Funds to Tribal Preservation Programs. [Reserved] E. Continuing Resolution Appropriations. 1. Single Continuing Resolution Covering Less Than a Year. If Congress provides Historic Preservation Fund obligational authority through a Continuing Resolution covering less than a year and absent Congressional instruction to the contrary, NPS will distribute funds among the grantees using the regular apportionment formula. NPS will subtract this amount shall from any subsequent apportionment of obligational authority from subsequent Continuing Resolutions or the regular fullyear Interior appropriation. 2. Multiple Continuing Resolutions Covering Less Than a Year. If Congress provides Historic Preservation Fund obligational authority through a series of Continuing Resolution covering in total less than a year and absent Congressional instruction to the contrary, NPS will distribute funds among the grantees using the regular apportionment formula. NPS will apply the formula to the cumulative amount appropriated for the year to date and then subtract the amount of the obligational authority previously awarded. NPS will subtract this amount from any subsequent apportionment of obligational authority from subsequent Continuing Resolutions or the regular full-year appropriation. 3. Continuing Resolution(s) Covering a Full Year: Absent Congressional instructions to the contrary, for apportionment purposes NPS will treat a year-long Continuing Resolution appropriation as if it were a regular appropriation. June 2007 Release Historic Preservation Fund Grants Manual 2-5 Chapter 2 Apportionment of Federal Funds F. Apportionment of Funds to Other Grantees. Should Congress designate other entities to receive HPF funding, NPS will prepare necessary instructions or procedures based on circumstances at that time. G. Targeted Appropriations. Occasionally Congress provides instructions for all or part of a regular or special appropriation as to the use of funds or as to how NPS must apportion the funds. 1. Congress Specifies Apportionment Factors. If Congress mandates specific apportionment factors, NPS will use them in lieu of the standard apportionment formula. 2. Special Purpose Appropriation. In the case of a special purpose appropriation and in the absence of specific apportionment instructions, NPS will consult with the affected grantees on an appropriate method of apportionment. 3. Regular Appropriation, But Congress Specifies the Use of Part of the Money. Occasionally Congress provides instructions as to the use (as opposed to the apportionment) of part of the regular appropriation. In this situation, NPS will consult with the affected grantees as to whether to develop a special factor to add to the apportionment formula and/or whether NPS should handle the Congressional targeting by grant conditions. H. Apportionment Certificate. After the Secretary apportions the funds, NPS by means of an Apportionment Certificate, will notify officially each grantee of the amount of funds (obligational authority) for which the State may apply. NPS will complete this notification before it considers any grantee’s grant application (see Chapter 7). For States, NPS will send the Apportionment Certificate to the Governor and to the State Historic Preservation Officer. The Apportionment Certificate will stipulate the amount of obligational authority apportioned and the major terms and conditions of the apportionment. Among these conditions is the stipulation that NPS will obligate the apportioned funds only upon submission of an acceptable grant application, and the stipulation that NPS may reduce the amount apportioned by the amount of unobligated balance at the end of the fiscal year (see Chapter 3, Section K for NPS’ “Use or Lose” policy). The Apportionment Certificate is a notice of fund availability and shall not be treated as an award of grant assistance. NPS will subsequently award grants pursuant to NPS-approved written applications. The Apportionment Certificate and the subsequent NPS grant agreement will specify the time of obligational authority (up to 24 months). June 2007 Release Historic Preservation Fund Grants Manual 2-6 Chapter 2 Apportionment of Federal Funds June 2007 Release Historic Preservation Fund Grants Manual 3-1 Chapter 3 Basic Program Requirements for HPF Grants Chapter 3 - Basic Program Requirements for Historic Preservation Fund Grants A. Purpose. This Chapter sets forth the fundamental requirements governing annual programmatic Historic Preservation Fund (HPF) grants. (Also see Chapter 6, which describes the eligible activities, ineligible activities, and minimum requirements for conducting HPF grant-assisted activities.) B. State Program Requirements. 1. Designation of the State Historic Preservation Officer. The State Historic Preservation Officer (SHPO) is the appointed representative of the Chief Governing Official of the State and must be authorized to assume, on behalf of the State, the obligations imposed by the Act, by the applicable regulations implementing the Act, and by the terms and conditions of the grant. Designation of the State Historic Preservation Officer requires the following procedures: a. The State Governor or Chief Governing Official designates in writing a State Historic Preservation Officer with authority to represent the State and to be responsible for carrying out the purposes of the Act (see 36 CFR 61). This written designation requirement is also met when a State Governor or Chief Governing Official appoints an individual to a position whose duties specified by law automatically include the position of State Historic Preservation Officer; e.g., in State X, the Chief of the Historic Preservation Division, Department of Housing is by State law automatically the SHPO. b. Whenever a new SHPO is designated, or appointed, or an incumbent reconfirmed by the Governor, notification by the Governor shall be mailed to the Associate Director, Cultural Resources, National Park Service, Attention: Historic Preservation Grants Division (also see Section D.4., below, for signature authority to a subordinate) . The notice of designation shall include, at a minimum, the following or substantially similar statement to make clear the State Historic Preservation Officer's authority and responsibilities: In accordance with the National Historic Preservation Act, (16 U.S.C. 470a), as amended, I hereby designate [name, title, organization,] as the State Historic Preservation Officer. He/She has been delegated authority to represent the State in carrying out the responsibilities specified in the Act, and in the regulations and administrative requirements established for implementation of that Act. c. Additionally, a courtesy copy (cc) of the written designation shall be sent (via surface mail, fax or electronically) to the Chief, National Register and National Historic Landmarks Division, and the Chief, Heritage Preservation Services. 2. Responsibilities of the State Historic Preservation Officer. June 2007 Release Historic Preservation Fund Grants Manual 3-2 Chapter 3 Basic Program Requirements for HPF Grants a. The responsibilities of the State Historic Preservation Officer are specified in Section 101(b)(3) of the Act and include: 1) Directing and conducting a comprehensive survey of historic properties and maintaining inventories of such properties. 2) Nominating eligible properties to the National Register. 3) Preparing and implementing a Comprehensive Statewide Historic Preservation Plan. 4) Administering the program of Federal grant assistance for historic preservation within the State. 5) Advising and assisting Federal and State agencies and local governments in carrying out their historic preservation responsibilities. 6) Cooperating with the Secretary of the Interior, the Advisory Council on Historic Preservation, and other Federal, State, and local governments, organizations, and individuals to ensure that historic properties are taken into consideration at all levels of planning and development. 7) Providing public information, education, training, and technical assistance relating to historic preservation. 8) Cooperating with local governments in the development of local historic preservation programs, and certifying these programs, pursuant to the Act and related regulations. (See Chapter 9) 9) Consulting with the appropriate Federal agencies in accordance with the Act on: Federal undertakings that may affect historic properties, and the content and sufficiency of any plans developed to protect, manage, or to reduce or mitigate harm to such properties. 10) Provide advice and assistance in the evaluation of proposals for rehabilitation projects that may qualify for Federal assistance (e.g., preservation tax incentives). b. Accountability. NPS considers the State Historic Preservation Officer to be the State official acting for the State's Governor and responsible for the professional, organizational, and fiscal conduct of the HPF grant program in the State. The transfer of funds to other agencies within the State, to Certified Local Governments, to public or private organizations, or to individuals for the purpose of carrying out grant-supported subgrants, cooperative agreements, or contracts shall not in any respect relieve the State Historic Preservation Officer of his/her responsibility to ensure that HPF funds are disbursed only for activities, programs, and projects which are accomplished in accordance with program standards, regulations, policies, terms, and conditions of grant awards; for ensuring that funds are accounted for in accordance with generally accepted accounting principles; and in keeping with the requirements of the Historic Preservation Fund Grants Manual. The State Historic Preservation Officer shall ensure that the State Historic Preservation Office has June 2007 Release Historic Preservation Fund Grants Manual 3-3 Chapter 3 Basic Program Requirements for HPF Grants adequate internal program and accounting controls, personnel standards, property management standards, evaluation procedures, availability of in-service training and technical assistance programs, and other policies as may be required by the terms of the grant, the Historic Preservation Fund Grants Manual, or other NPS regulations, that are necessary for program efficiency and effective, proper use of HPF funds. c. Grant monitoring by grantees and NPS. Grantees must employ sound management practices to ensure that HPF program regulations and grant objectives are met, whether conducted by staff or by subgrantees or subcontractors, and that grant funds are expended for eligible activities under proper fiscal, professional, and management controls. To the extent possible, NPS places reliance on the policies and management controls established by grantees. NPS monitors grantees' performance to ensure accountability for HPF grant funds and conformance with the Secretary's "Standards" and other legislative and administrative requirements and standards. NPS also monitors grantee performance to identify and respond to major grantee technical assistance needs. The following provisions place maximum reliance on grantee responsibility and accountability for program and project level decisions, while grantees work with NPS to attain national program results. Responsibility in certain areas extends beyond the term of a particular grant award, whether or not NPS continues to provide active grant support. This includes the continuing grantee obligation to account for property or equipment acquired as part of an NPS-assisted program or project (Chapter 19) and to monitor preservation covenant requirements (Chapter 6, Section M). The principal means of ongoing NPS monitoring are the State Program Review process, the Comprehensive Statewide Historic Preservation Plan (see Chapter 6, Section G), grant applications (see Chapter 7), Project Notifications (see Chapter 8, Section F), the End-of-Year Report (see Chapter 25), and Final Project Reports (see Chapter Exhibit 8-E). Ineligible or improper payments issued by a grantee will not be paid by NPS. Disallowances based upon audits of grantees' (or subgrantees') financial records must be repaid to NPS. See Chapter 23, Section O and P. 3. State Professional Staff and State Review Board. State Staff. The SHPO is responsible for maintaining a staff that meets the professional qualifications requirements of 36 CFR 61. At a minimum, a State must have full-time access to a historian, architectural historian, and archeologist who meet these professional qualifications. State Review Board. Each State shall maintain a State Review Board whose qualifications, responsibilities in the administration of the program, and composition are in accordance with those defined in 36 CFR 61. In accordance with 36 CFR 61, the SHPO shall designate members of the State Review Board unless otherwise provided for by State law. Where State law establishes entities, such as a State Historical Commission, that do not or cannot assume all of the Review Board responsibilities specified in 36 CFR 61, a separate complementary State Review Board must be established. The roles and responsibilities of each entity should be clearly delineated to prevent duplication. See Chapter 6, Subsections C.4 through C.6, for responsibilities of professional staff. The maximum number of Review Board members is not prescribed, but each Review Board must June 2007 Release Historic Preservation Fund Grants Manual 3-4 Chapter 3 Basic Program Requirements for HPF Grants contain at least 5 members. The majority of members must meet the professional qualification requirements described in the Secretary of the Interior’s Historic Preservation Professional Qualification Standards. At a minimum, the Review Board must contain an historian, archeologist, and architectural historian. a. Meetings and Rules of Procedure. The State Review Board shall meet as often as is necessary to complete its work in a timely fashion but no less often than once a year and must adopt written procedures governing its operation consistent with the provisions of 36 CFR 61, and the Historic Preservation Fund Grants Manual, particularly conflict of interest (see Section C.4., below). The Review Board may make some decisions without face-to-face meetings when there is unanimous agreement on a particular nomination. b. Waivers, Alternative Review Board or Staffing Solutions, and Equivalency. In exceptional cases, NPS may extend a waiver or alternative solution to a State not having a fully qualified Staff or Review Board in conformance with 36 CFR 61. If the State does not have a qualified Staff or Review Board, it must request a waiver or an alternative solution pursuant to 36 CFR 61. Waivers (rather than alternative solutions) should be requested whenever the standard Staff or Review Board requirement of 36 CFR 61 is appropriate to the range of cultural resources of the State, but there is some temporary circumstance which prevents the requirement from being met. This is the usual situation when there is a Review Board vacancy. NPS approval of Alternative Solutions should be sought only if the standard Staff or Review Board composition does not meet the State's cultural resource needs on a long-term basis. Equivalency should be sought only in exceptional circumstances. 1) Waivers. Waiver requests are made in writing to NPS and signed by the SHPO or his/her designee. The written request for a waiver shall specify the special circumstances that exist and explain why the waiver is in the best interest of the State program. Waivers, when granted by NPS, shall be in writing and shall extend for as short a time as is reasonable in the circumstances, but in no case longer than the end of the following fiscal year. If a State needs to renew a waiver, it must send a written request that documents efforts to remedy the circumstances and justifies the need for continuing the waiver. 2) Alternative Solutions. NPS will consider proposals for alternative staffing or Review Board solutions pursuant to 36 CFR 61 only for States with resources and needs which cannot be served or met by the standard Staff or Review Board requirements. Such solutions must ensure access to adequate professional expertise comparable to that required by 36 CFR 61. These proposals should be sent, in writing, to NPS. Proposals will be responded to in writing and, if approved, will remain in effect until they are reviewed at NPS' discretion or at the request of the State. 3) Equivalency. Professional qualification standards were established by NPS so that individuals meeting them would have the expertise necessary to carry out historic preservation activities in accordance with professional standards. In rare instances, NPS will certify that an individual has expertise equivalent to the Secretary’s Professional Qualification Standards (and thus fulfills the purpose of the Professional Qualification June 2007 Release Historic Preservation Fund Grants Manual 3-5 Chapter 3 Basic Program Requirements for HPF Grants Standards) though the individual does not meet the technical requirements. States should send requests for certification of equivalency to NPS. Requests will be responded to in writing and, if approved, will remain in effect as long as the individual holds his/her position or until the certification is reviewed at NPS' discretion or at the request of the State. c. Continuation or Extension Provision (State staff, State Review Board members and CLG commission members). Whenever the mandatory historic preservation professional qualification standards change, an individual officially qualified under the former Standards and still serving on a State’s staff, a State Review Board, or a CLG commission may be considered to be professionally qualified as long as he/she continues to hold that position. C. Conflict of Interest. 1. Policy. No person (see definition in subsection 2.a., below) shall participate in the selection, award, or administration of any HPF-assisted program activity, subgrant, contract, or subcontract if a conflict of interest, real or apparent, exists. Nor shall any person participate through approval, disapproval, recommendation, or other decision concerning any Federal Preservation Tax Incentive Certification, National Register Nomination, or Review and Compliance case if such a conflict, real or apparent, exists. No person shall engage in outside employment or have any direct or indirect financial interest that conflicts or would appear to conflict with the fair, impartial, and objective performance of officially assigned duties and responsibilities for administration of the HPF program. Employees or agents (i.e., persons authorized to represent the SHPO organization or to perform any official capacity for it) shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to potential or actual HPF grant awards. 2. Definitions. a. " Person" means: 1) The State Historic Preservation Officer, 2) State Historic Preservation Office staff, 3) President of the National Trust for Historic Preservation, 4) Staff of the National Trust for Historic Preservation, 5) Trustees and Advisory Board Members of the National Trust for Historic Preservation, 6) Subgrantees or contractors paid in whole or part, by HPF funds or whose time or salaries are used as allowable matching share, 7) Members of a State Review Board(s) and/or separate Commission(s) which share 36 CFR 61 June 2007 Release Historic Preservation Fund Grants Manual 3-6 Chapter 3 Basic Program Requirements for HPF Grants or HPF grant oversight responsibilities, 8) CLG commission members, agents, or staff, and 9) Employees, agents, partners, associates, or family members of those cited in this definition. b. A “conflict of interest” exists when a person may benefit (either through financial or personal gain) from the position he/she holds with respect to the HPF-assisted program or may be unable to make impartial decisions or render impartial advice due to outside relationships or other activities with other persons as defined above. This applies to those persons who participate in or influence the grant award decision-making process, gain information not available to the general public, or provide oversight or administration of any aspect of the HPF grant program. c. An “apparent conflict of interest” exists whenever circumstances are such that a person may appear to be in a position to benefit (either through financial or personal gain) from the position he/she holds with respect to the HPF-assisted program or may be unable to make impartial decisions or render impartial advice due to outside relationships or other activities with other persons as defined above. This applies to those persons who participate in or influence the grant award decision-making process, gain information not available to the general public, or provide oversight or administration of any aspect of the HPF grant program whether or not such a conflict actually exists. An apparent conflict of interest also exists when a person may appear to have an unfair competitive advantage because of his/her relationship with the SHPO organization. Accordingly, Review Board members should not be included on any lists of qualified consultants distributed to the public by the SHPO. 3. Declaring and Resolving Conflict of Interest. a. Nonvoting. When any person, as defined in subsection 2.a., above, is involved in nonvoting situations such as Tax Act Certification or Review and Compliance decisions, and a real or apparent conflict of interest situation exists, the person involved must disclose the possible conflict and physically absent and recuse himself/herself from the decision-making process. The conflict shall be declared and documented in writing (by providing the name, date, and nature of the conflict) as soon as the situation becomes apparent but, at a minimum, before the issue or action for which the conflict exists is acted upon or brought to resolution. Those in a position to make a decision must be fully informed as to the possible interest of the persons involved. See Subsection 4.i., below, regarding persons with a pattern of conflicts. b. Voting (Review Board/Commission Meetings). When a real or apparent conflict of interest situation arises in the context of a voting situation, the person must disclose the possible conflict and physically absent and recuse himself/herself from the decision-making process (including presentations and discussion) and neither vote directly, in absentia, nor by proxy in that matter. The recusal and the reasons therefore must be recorded in the meeting minutes. Those in a position to make a decision must be fully informed as to the possible interest of the person abstaining and recusing him/her self. See Subsection 9., below, regarding persons with a pattern of conflicts. 4. Written Procedures (Code of Conduct). June 2007 Release Historic Preservation Fund Grants Manual 3-7 Chapter 3 Basic Program Requirements for HPF Grants Each SHPO organization and the National Trust must maintain a written code with standards of conduct governing the performance of their employees engaged in the award and administration of contracts. This code must, at a minimum, comply with the requirements of this section, and is binding on all persons listed in subsection 2.a., above. The grantee may adopt more stringent requirements than those specified by NPS. The standards established in this section shall be considered the minimum. In those situations where existing State procedures are more stringent, those shall apply. However, in situations where Statewide conflict of interest requirements are less stringent (e.g., may not apply to the Review Board or a separate Commission), the standards in this section shall apply for administration of the HPF program in its entirety. 5. Procurement. Contract awards shall not be made to any person or firm who has developed or has drafted bid specifications, requirements, a statement of work, an invitation for bids, and/or a request for proposals for a particular grant-related procurement. 6. Nepotism. State grantees will follow State laws and administering regulations governing nepotism in relation to employment, contracting, and the award of HPF grant assistance. 7. Officials Not to Benefit. No member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of a grant, or to any financial benefit that may arise therefrom; but this provision shall not be construed to extend to a grant if made with a corporation for its general benefit. 8. Corrupt Practices. The award and administration of NPS grants and of sub-agreements awarded by State grantees under those grants must be accomplished free from bribery, graft, kickbacks, and other corrupt practices. The grantee bears the primary responsibility for the prevention, detection, and cooperation in prosecution of any such conduct. Federal administrative or other legally available remedies will be pursued to the extent appropriate. No person, agency, or other organization may be employed or retained to solicit or secure a grant or contract upon agreement or understanding for commission, percentage, brokerage, or contingent fee. For breach or violation of this prohibition the Federal Government shall have the right to annul the grant without liability or, at its discretion, to deduct from the grant or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee, or to seek such other remedies as may be legally available. 9. Enforcement. The grantee organization must enforce and document that it enforces its conflict of interest procedures or code of conduct whenever applicable. At a minimum, there must be written records of abstentions from the decision-making process in conflict of interest situations. The records of abstentions and recusals shall, at a minimum, document who was absent from the decision and for what reason. June 2007 Release Historic Preservation Fund Grants Manual 3-8 Chapter 3 Basic Program Requirements for HPF Grants Individuals who have a pattern of conflicts of interest and consequent abstentions, ought to be removed from the Board, commission, etc., or assigned other responsibilities because their function of offering advice cannot be fulfilled. In addition, the grantee organization must ensure that those on whom these procedures are binding (subsection 2.a., above) are fully knowledgeable of these conflict of interest requirements and agree to abide by them in the execution of their HPF program responsibilities. Documentation of these requirements is fulfilled by a signed and dated statement from each person attesting to that fact. State Ethics Officers are authorized to determine the applicability of these requirements to individual situations in regard to State employees and to resolve employee conflict of interest situations (see also subsection 11., below). 10. Conflict of Interest Involving Current or Former Federal Employees. The grantee will not use any Federal funds or funds from other sources applied as matching share to pay a fee to, or travel expense of, current employees of the Federal Government for consultant services, lectures, attending program functions, including HABS/HAER participation, or any other activities in connection with the grant or any subagreement awarded under this grant. Grantees are to consult with NPS when the appearance of such conflicts of interest arises. This prohibition is in accordance with 18 U.S.C. 209 which stipulates that Federal employees whose employment has not terminated shall not receive supplemental compensation for their services in their capacity as Federal Government employees. (However, see exception for temporary limited employees in Chapter 6, Section E.7). It is NPS policy that personal or organizational conflict of interest, or the appearance of conflict of interest, be prevented in the award and implementation of grants, including subgrants and subcontracts or other subagreements which involve former and current Federal employees in the award and implementation of grants. A conflict of interest will appear to exist when grant assistance is awarded to or by a grantee and a current or former NPS employee participated in the pre-award and award process and benefits financially from the grant. Specific details are contained in 43 CFR 20. 11. Violations. When there is a suspected violation of the conflict of interest policy or requirements, the SHPO organization must advise NPS of the matter, pursue available State or local legal and administrative remedies, take appropriate remedial action with respect to any allegations or evidence coming to its attention, and advise NPS of the ultimate disposition of any matter. Such violations may result in cost disallowances or other sanctions. D. Special Requirements. This section highlights requirements with which grantees must comply for Historic Preservation Fund grant assistance. Also see Chapter 5, Section B., for the General Conditions Governing Grants. 1. Federal Administrative Requirements. The provisions of Office of Management and Budget Circulars A-87 and A-102, incorporated through 43 CFR 12 and throughout the Historic Preservation Fund Grants Manual, shall apply to all HPF grants to States. All grants to the National Trust for Historic Preservation shall be governed by the provisions of OMB Circulars A-110 and A-133. The appropriate Circular or implementing June 2007 Release Historic Preservation Fund Grants Manual 3-9 Chapter 3 Basic Program Requirements for HPF Grants regulations shall be made applicable by States and the National Trust to all subgrants, contracts, or other agreements executed by them which involve HPF or matching grant funds (see Chapter 12 concerning cost principles applicable to subgrants). Failure by a grantee to comply with these Circulars may be the basis for withholding payments for proper charges made by the grantee, recovery of such funds, and/or termination of financial support. 2. Environmental Requirements. Activities funded under the Act shall be conducted in full accord with the policies and provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. seq.) and the categorical exclusions stipulated in Chapter 11. 3. Use and Disclosure of Information. Grant applicants, grantees, and their contractors and subgrantees should be aware that information provided to NPS, or required by NPS to be on file with the grantee, is considered to be a public record and subject to disclosure under the Freedom of Information Act (5 U.S.C. 552), unless determined to be exempt and not to be disclosed under that statute, or locational information that may be withheld by NPS under Section 304 of the National HiView DocumentNovember 9, 2021
Agreement for the Disposition of Human Remains in the Republic of PalauOmekerreu, Omecheliu, Mengeluolu, e klekar a ibetel a cherechar er a Belau 1 Bureau of Cultural and Historical Preservation (Historic Preservation Office) Ministry of Community and Cultural Affairs P.O. Box 100, Koror Palau 96940 Phone: (680) 767-1126 fax: (680) 767-2452 e-mail: [email protected] and [email protected] Agreement for the Disposition of Human Remains in the Republic of Palau 1.0 Purpose This documentation is designed to serve as a memorandum of agreement between Bureau of Cultural and Historical Preservation for Republic of Palau (the grantor) and a second party (grantee) who is conducting archaeological research in locations which might contains human remains. All research involving subsurface testing or excavation is required to have this agreement executed. 1.1 Human remains consist of the skeletons or individual bones from a human being. 1.2 Human remains are extremely important to Palauans for spiritual reasons and should not be needlessly disturbed by construction or by archaeological research. 1.3 Human remains are extremely essential to Palauan’s for scientific reason, for they provide important evidence of migrations, settlement, and demographic history of Palau. 1.4 A balance needs to be reached between the spiritual and the scientific needs; these needs are not mutually exclusive and hence, with care and thoughtfulness, the spiritual and the scientific needs may be met. 1.5 The operating assumption is that in most cases, the individual buried and the people related to that individual, would have wished to remain in the ground, undisturbed. 1.6 However, it is further recognized that if those human remains are treated with dignity and respect, they can be temporarily removed from the ground for scientific study, so long as they are returned to an appropriate place of rest and are reburied with the proper ceremonies. 1.7 Situations arise, due to erosion, vandalism, and construction when human remains are suddenly and unexpectedly encountered. This provision recognizes that such emergency conditions exist. 2.0 Location of Human Remains 2.1 Prior to conducting excavation in a site, the researcher shall conduct as detailed an oral history research as needed to establish the likelihood of encountering human remains and establish which clan would be affected should remains be encountered. The permission of the clan must be obtained in writing prior to removal of the remains. 2.2 Human remains will generally fall into one of the following types: 2.2.1 Burial within a stone platform 2.2.2 Burial within a separate cemetery (20th century) 2.2.3 Burial within a cave 2.2.4 World War II casualty intentionally or accidentally buried at or near a place of death 2.2.5 Accidental death and buried by natural means Omekerreu, Omecheliu, Mengeluolu, e klekar a ibetel a cherechar er a Belau 2 2.3 Because of World War II, isolated human remains may be encountered. 3.0 Excavation 3.1 With the exception of recent graves with headstones and obvious disturbances of platform paving, the presence of human remains cannot likely be assessed without sufficient excavation to expose those remains 3.2 Should human remains be encountered they should be carefully excavated sufficiently to expose the remains completely. The bones should be mapped and photographed, taking special note of any grave goods included with the individual at the time of burials. 3.3 The Bureau of Cultural and Historical Preservation shall be notified immediately when the researcher has uncovered sufficient remains that an identification of human burial can be made with reasonable certainty. Once identification has been confirmed regulations outlined in Bureau of Cultural and Historical Preservation regulation entitled “Regulations Regarding the Treatment and Disposition of Human Remains and Burial Furnishings” shall be followed. 3.4 The scientific study of Palau’s archaeological heritage is of immense interest and importance to the people of Palau. Hence the human remains shall be studied by professional archaeologists and other related scientists. To obtain the services of those individuals and their laboratories will require, in most cases, that the human remains and other scientific samples be shipped to other countries for analysis. 3.5 Palau recognizes the important scientific data which can be obtained from an anthropological analysis of human remains. At the same time it wishes to ensure that these remains are treated with dignity and respect. 3.6 After completely recording the human remains in the ground, the bones may be removed from the burial location. Throughout their exhumation and removal, the researchers shall ensure an atmosphere of solemnity and dignity, treating the remains as if they were those of their own close family. 3.7 The remains should be carefully packed in individual boxes for physical anthropologist for post field analysis, preferably in Palau. 3.8 Should it become necessary to ship the remains off-island for analysis by physical anthropologist or other related specialist, at least three working days prior to shipping, the grantee shall provide the Bureau of Cultural and Historical Preservation a copy of the field specimen catalog listing remains, showing the dates excavated, and the provenience. In addition, the grantee shall provide a copy of the shipping manifest showing weight of each container. The field specimen catalog must be correlated with the shipping manifest so that if a container is lost, it will be known and the loss assessed. 3.9 The grantee shall use a shipping agent and method which guarantees traceability of the containers. 3.10 The grantee shall return all human remains within one year. Should the grantee require additional time may submit a written request to do so, this agreement may be extended by the Director of Bureau of Cultural and Historical Preservation and/or effected state/s, clan/s and/or family member/s for an additional year. Under no circumstances shall this agreement be extended by Bureau of Cultural and Historical Preservation for more than a total of three years. On those exceptional situations where additional time is required, a new agreement must be executed. 3.11 Some remains may be of paramount importance to Palauans that they cannot leave the country or shall require special permission to leave the country. 3.12 The grantee assumes complete liability for the safekeeping and care of the human remains and other scientific samples. Omekerreu, Omecheliu, Mengeluolu, e klekar a ibetel a cherechar er a Belau 3 3.13 The grantee guarantees that the human remains return to Palau in good condition. 3.14 Japanese soldiers remain which can be conclusively identified as such by the archaeologist in charge may be exhumed and disposed using a protocol established by the Palau Ministry of State. Human remains of Japanese soldiers shall not be exhumed without the presence of a professional archaeologist approved by the Bureau of Cultural and Historical Preservation. The reason for this is to ensure the remains are not Palauans or Americans and also to ensure that Palauan prehistoric sites are not damaged by careless excavation. 3.15 American soldiers remains as well as unknown military remains shall be reported to Joint POW/MIA Accounting Command in Honolulu 3.16 All human remains not obviously military personnel shall be treated as being Palauan unless otherwise established. 4.0 Scientific Analysis 4.1 The scientific analysis of the human remains will provide important data on the ancient Palauan population which 4.2 All human remains shall be examined by a physical anthropologist with specialized training in human osteology. Such study shall include, but be limited to the following: 4.2.1 Determining gender of individual; 4.2.2 Determining age at death; determine stature 4.2.3 Determine the extent of injures, disease, and cause of death 4.2.4 Determine the general state of health of the individual, through analysis of toot wear, bone density, etc. 4.2.5 Determine the racial characteristics which can be used to provide evidence of population movement 4.3 Samples: small samples may be removed for radiocarbon dating, DNA testing and other scientific tests. It is understood that these processes are destructive; hence the quantity used should be as limited as is scientifically feasible to do. 4.4 The analysis shall be undertaken and completed within one year following exhumation. All remains are to be retuned for reburial within one year. 5.0 Dissemination of Knowledge 5.1 The professional archaeologist is obligated ethically to write a report detailing the field methods and post field analysis, describing the site and human remains and associated artifacts in great detail, including illustrations, tables, provenience and providing an evaluation of the sites importance in Palauan history and prehistory. The professional archaeologist is further obligated to see that the final report is printed in sufficient quantities that it can be disseminated to researchers through out the Pacific and Pacific Rim. 5.2 The grantee, as a condition of this agreement, shall provide a minimum of five (5) bound copies of the final report, on archival paper, to Bureau of Cultural and Historical Preservation. One of these copies will be placed in the Palau Archives. 5.3 The grantee shall provide the following to the Bureau of Cultural and Historical Preservation: -computer disk with all relevant notes, maps, drawings and report text; -copies of all field notes, field maps, drawings, and report texts; -all slides, prints, and negatives placed in archival quality pages and binders; -all video tapes and/or films of excavations. Omekerreu, Omecheliu, Mengeluolu, e klekar a ibetel a cherechar er a Belau 4 5.4 The grantee shall provide five (5) copies of all journals articles or other publications to the Bureau of Cultural and Historical Preservation. One of these copies will be placed in the Palau Archives and one in the Belau Nations Museum Library. 6.0 Bonding 6.1 The Bureau of Cultural and Historical Preservation reserves the right to require the grantee to post a bond to guarantee the safe return of the human remains and associated artifacts and other documentation included under this agreement. 7.0 Concerned Parties 7.1 The grantor and the grantee do herby agree to the above conditions. The grantee’s signature must include not only the person (principal investigator) directly responsible for maintaining the security of the human remains and associated artifacts, but also an individual from the grantee’s institution who is authorized to commit the institution’s resources of space and funding to ensure the proper care, storage, and return of these artifacts. 7.2 Any liabilities and responsibilities shall be shared jointly and severally by the individual signatories and their institution. Grantor: Bureau of Cultural and Historical Preservation __________________ __________ BAC Survey & Inventory/Archaeology Date Approved by: __________________ __________ BAC Director/HPO Date Grantee: ___________________ ________________ _________ Project/Field Director Signature Date ___________________ ________________ _________ Principal Investigator Signature Date ____________________ ________________ _________ Individual Authorized to sign Signature Date for Grantee’s Institution Address: Email address: Number of Attached Pages _______ Project Name:View DocumentNovember 9, 2021
Agreement for the Temporary Curation of Artifacts and RecordsOmengeluolu, Omekerreu, Omecheliu, e klekar a Mekreos el Ibetel a Cherechar er a Belau 1 Bureau of Cultural and Historical Preservation (Historic Preservation Office) Ministry of Community and Cultural Affairs P.O. Box 100, Koror Palau 96940 Phone: (680) 767-1126/767-2452 fax: (680) 767-1030 E-mail: [email protected] or [email protected] Agreement for the Temporary Curation of Artifacts and Records 1.0 Purpose 1.1 This document is designed to serve as a memorandum of agreement between the Bureau of Cultural and Historical Preservation for the Republic of Palau (the grantor) and a second party (grantee) who seeks permission to curate artifacts and record on temporary basis. This document presents the terms of this agreement. 1.2 An artifact is any portable object modified or used by people. Examples of artifacts include pottery, stone tools, shell tools, pottery shards, bone tools, and other objects. All artifacts represent of historic heritage of the people of Republic of Palau and must be protected. Artifacts shall be deposited with the Bureau of Cultural and Historical Preservation for storage, protection, and possible display in the Belau Nation Museum. 1.3 A scientific sample from an archaeological site represents the cultural and natural environment. Examples of the latter include bone, shell, wood, charcoal, pollen, phytoliths, and soil, among others. Scientific samples need not be returned but will remain the property of the Republic of Palau. Should any samples remain at the end of the project, the grantee shall curate them at the grantee’s institution or other location meeting permanent curational guidelines. 1.4 The scientific record of an archaeological excavation includes field notes, field forms, drawings, sketches, maps, oral histories archival data, photographs, film, videotape and other media. Together with the artifacts and the scientific samples, these provide the permanent record of the site area investigation. 2.0 Professional Archaeological Excavation 2.1 The scientific study of Palau’s archaeological heritage is of immense interest and importance to the people of Palau. Hence the scientific remains shall be studied by professional archaeologists and other related scientists. To obtain the services of those individuals and their laboratories will require, in most cases, that the artifacts and other scientific samples be shipped to other countries for analysis. 2.2 At least three working days prior to shipping, the grantee shall provide a the Bureau of Cultural and Historical Preservation a copy of the field specimen catalog listing all artifacts and artifacts samples, showing the dates excavated, the provenience, and the kinds of materials included. In addition, the grantee shall provide a copy of the shipping manifest showing weight of each container. The field specimen catalog must be correlated with the shipping manifest so that if a container is lost, its will be known and the loss assessed. 2.3 The grantee shall use a shopping agent and method which guarantees traceability of the containers. 2.4 Some artifacts may be of such paramount importance to Palau that these cannot leave the country or shall require special permission to leave the country. Examples may include sacred items and exceptionally well crafted objects. Unique items of display quality for a museum shall be described in detail and photographs prior to leaving Palau. 2.5 The grantee shall return all artifacts within one year. Should the grantee require additional time and submit a written request to do so, this agreement may be extended by the Director of Bureau of Cultural and Historical Preservation for an additional year. Under no circumstances shall this agreement be extended by Bureau of Cultural and Omengeluolu, Omekerreu, Omecheliu, e klekar a Mekreos el Ibetel a Cherechar er a Belau 2 Historical Preservation for than a total of three years. In those exceptional situations where additional time is required, a new agreement must be executed. 2.6 The grantee assumes complete liability for the safekeeping and care of the artifacts and scientific samples. 2.7 The grantee guarantees the artifacts’ return in good condition. 3.0 Human Remains 3.1 Human Remains may be shipped from Palau upon execution of a separate agreement “Agreement for the Disposition of Human Remains”. Palau recognizes the important scientific data which can be obtained from an anthropological analysis of human remains. At the same time it wishes to ensure that these remains are treated with dignity and respect. The grantee shall be responsible that any disturbance of human remains an associated burial furnishings and artifact follow the regulations outlined in Bureau of Art and Culture regulation entitled “Regulations Regarding the Treatment and Disposition of Human Remains and Burial Furnishings”. The grantee shall be responsible for seeing that prior to shipment the remains are properly treated for their trip using Palauan customs and that they are treated properly at all time. 4.0 Dissemination of Knowledge 4.1 The professional archaeologist is obligated ethically to write a report detailing the field and laboratory methods used in the analysis, describing the site and its artifacts in great detail, illustrating the artifacts, and providing an evaluation of the sites importance in Palauan history and prehistory. The professional archaeologist is further obligated to see that the final report is printed in sufficient quantities that it can be disseminated to researchers throughout the Pacific and Pacific Rim. 4.2 The grantee, as a condition of this agreement, shall provide a minimum of ten (10) bound copies of the final report, on archival paper, to Bureau of Cultural and Historical Preservation. One of these copies will be placed in the Palau Archives. 4.3 The grantee shall provide at least one copy of the final report to the following Historic Preservation Officers: Federated States of Micronesia, Republic of the Marshall Islands, Commonwealth of the Mariana Islands, Guam. 4.4 The grantee shall provide the following to the Bureau of Cultural and Historical Preservation : -computer disk with all relevant notes, maps, drawings and report text; -copies of all field notes, field maps, drawings, and report texts; -all slides, prints, and negatives placed in archival quality pages and binders; -all video tapes and/or films of excavations. 4.5 The grantee shall provide five (5) copies of all journals articles or other publications to the Bureau of Cultural and Historical Preservation. One of these copies will be placed in the Palau Archives and one in the Belau Nations Museum Library 5.0 Copyrights, Acknowledgment, and Permission to Use the Scientific Data 5.1 The grantee is obligated professionally to disseminate the scientific data in scientific journals and monographs. The use of the data and artifacts illustrations in scholarly work is not only permissible, but is encouraged. 5.2 The commercial use of such data is not permitted without a separately executed agreement which sets the division of any royalties. The Republic of Palau retains all rights and copyrights to said artifacts, including the visual images in digital or analog form. 5.3 The grantee shall acknowledge the assistance of the Republic of Palau and the Bureau of Cultural and Historical Preservation in any and all publications or reports. 6.0 Bonding 6.1 The Bureau of Cultural and Historical Preservation reserves the right to require the grantee to post a bond to guarantee the safe return of the artifacts and other documentation including under this agreement. Omengeluolu, Omekerreu, Omecheliu, e klekar a Mekreos el Ibetel a Cherechar er a Belau 3 7.0 Concerned Parties 7.1 The grantor and the grantee do herby agree to the above conditions. The grantee’s signature must include not only the person (principal investigator) directly responsible for maintaining the security of these artifacts, but also an individual from the grantee’s institution who is authorized to commit the institution’s resources of space and funding to ensure the proper care, storage, and return of these artifacts. 7.2 Any liabilities and responsibilities shall be shared jointly and severally by the individual signatories and their institution. Grantor: Bureau of Cultural and Historical Preservation __________________ ___________ BAC Survey & Inventory/Archaeology Date Approved by: _________________ ___________ BAC Director/HPO Date Grantee: ___________________ _________________ _________ Project/Field Director Signature Date ___________________ _________________ _________ Principal Investigator Signature Date ____________________ _________________ _________ Individual Authorized to sign Signature Date for Grantee’s Institution/Org. Address: Email address: Number of Attached Pages _____ Project Name:View DocumentNovember 9, 2021
Death, Funerals And Associated ResponsibilitiesDeath, Funerals And Associated Responsibilities Division Of Cultural Affairs 1998 THE SOCIETY OF HISTORIANS TITLE, NAME STATE -1. Uchelrutechei Wataru Elbelau Ngeremlcngui 2. Ruluked Johanes Ngirakesau Melekeok 3. Dirraii Yosko 0. Ngiratumerang Aimcliik 4, Adelbairekesoaol Eledui Omeliakl Koror 5. Ngirarois Cristobal !dip Ngaraard 6. Bedul Telmetang Orkerk Ngcrchelong 7. Koibad Melaitau Tebei Ngiwal 8. Madrasikos Tmatk Timulch Ngatpang 9. Diracheluoiu Rima! Ngiramechelbang Ngardmau 10. Rekeuis Paulus 0. Sked Ngchesar ·11. llabsis Edeluchel Eungel Airai 12. Olikong Ngiruos Rrull Peleliu Buikredechor Chiokai Kloulubak Kayangcl Dirachesuroi 'lbeodosia Blailes Angaur Orue-Tamor Albis Sonsorol Division of Cultural Affairs, Republic of Palau, Koror 96940 © 1998 by the Division of Cultural Affairs Allrights reserved. Published 1998 Palau Society of Historians Death, Funerals and Associated Responsibilities. Traditional and Cus .omary Practices Ertf{lish Series 2 I. Palau -Traditional Culture. 2. Palau -History. 3. Anthropology -Micronesia -Palau. 11 The grave paving (ornengadcs) occured five days after the sis. The members of the hlai prepared food for those who would pave the grave. The day of omenKades also was the day to repair all sunken graves ofthis hlaisince, by tradition, such repairs could not be allowed at regular times. If this had been done, danger, misfortune or death could have come to the hlai. Debes was held after sis and omenKades for any kebekuul and teleuechel dui title holder or a female counterpart. The younger brothers or close kin (ruchellel) and the sisters or close female kin (ruchedal) of the deceased were responsible for the de hes. Debes was intended to he shared by the associalcd titleholders (klobak, ruhak 'l dil) in the hai. This was also the time when they were told of the newly-selected title holder who was to be their associate. The rultuuel hladek (or otuu-hladek) were primarily women who received deep ordci.ailcd messages from the spirits of the dead by their supernatural or magical powers. When such a one wa:; brought to the house of the deceased, she lay down or just iHtcnUy. 'fhcn she announced to the people within the house the caw;c of the illness. She received the song(s) of the deceased frmn lhc spirits. These songs are called "esols" and "kelloi". The oltuu bladek was given some kind of compensation when she was finished. Specific Funeral Components Unmarried Female Titleholder When an unmarried female elder holding a title died, she was eligible for diall. Diall was collected by her children, the ourrot or other close kin within the kebliil. The payment was received by the head of the kehliil. The kehliil and its satellite families (blai, telungalek) were responsible for the funeral, its expenses and for Death and Funerals the activities associated with the funeral. The title was removed and returned to the kebliil. Married Female Titleholder Diall was not required in the death of a married female title­holder. The funeral and its associated responsibilities fell on the kebliil of the deceased and the related telungalek therein. Unmarried Woman with Children When such a woman died, her children, her mother's brothers and the ourrot of her blai and kebliil were responsible for the funeral. Unmarried Male Titleholder When an unmarried male titleholder died, the title was taken from his coffin. 1 The funeral and its associated responsibilities were handled by kin within his blai and kebliil. Married Male Titleholder When a man with a kebekuul or teleuechel dui died, his title was removed and returned to the kebliil. There would be an chelbechiil.2 The cheldecheduch3 for chelbechiil and associated services were the responsibility of the wife's brothers (ochedal), okdemaol or other kin. The man's kin within his blai and kebliil handled the funeral service and its associated responsibilities. I When it was time for burial, the body was taken outside of the house, and the woman who was to guard the title until a new titleholder had been selected sat in the doorway. The coffin was held while a man pointed a coconut frond spear at the coffin. With words and stylized movements, he pointed the spear at the coffin, took the title into the spear, danced under the coffin and handed the spear to the woman in the doorway. She received it with symbolic hand movements. She guarded the title until it was time to bury the spear (also called dui). 2 This was a final payment for the services the wife's side has received from the husband and his kinsmen throughout the marriage. Udoud, land and/or taro swamps were given. The wife's side gives udoud as a first choice; if there is none land is given. The husband's brother (or olulemao/) receives the payment for he has been a primary figure in this exchange tie. 3 Cheldecheduch means "to talk" or "legends". Here it refers to the final "death talks" wherein the estate of the deceased married man is settled by his close kin. 16 Division of Cultural Affairs Omcrtechelcl -Side of the thigh of a person below the hip and above the knee; the usual place to slap with one's hand when dancing. Taor -a moratorium to quite the village to show respect and reverence for the death of a high clan title holder; also imposed for an impending visit from a related village, especially those villages with sacred relationships bestowed by the gods in ancient times. Teliakl/omeliakl -the knotted coconut string kept by the rurrot of the blai or kebliil and undone as they kept track of the designated mourning days of their deceased relatives. Tiuchel -pounded kukau, shaped appropriately and covered with mallolau (thick coconu't jam), presented on an orsactiel (a wooden container used to pound taro or put food on) to the deleb (spirits) during the sis ceremony. Uldioll -a plant which has been harvested but which still has the roots, stalks and leaves intact. Uldidellel -the beginning section of the weaving of a mat, bag, basket, woven sleep covering or blanket. Ulemechall -the starting point of work or making of any piece of art or item. Ulisul/ulis -the edge of or ending point of a woven mat, sleep covering or woven blanket. Index -C­cheldecheduch,14, 15, 17, 18, 19, 20 chellubes,2,7,25,28 coconut husk string, 8 -D­deleb,.3, 4, 5, 12, 30 diaches,2,6, 7,9,28 diall,2, 5, 13, 28-K­ kelel a bar, 1, 2 kikaidechutem,1, 2, 19, 28 -M-mourning period, 3, 4, 5, 7, 8, 10, 12-O­ochel.6,15, 16, 17,21,24,28,29 omengades,3,4,8,11, 12,27,28,29 ourrot,3, 5, 6, 13, 14, 16, 17, 18, 29 -S­sar,1,2,25,28,29 s.,3,4,8, 10, 12, 15, 17, 18,23,28,29,30-T­ taor,9, 10, 29 telungalek,5, 13 tiuchel,3, 9, 12 -U­udoud,5,14, 15, 18, 19,20,21,28 ulechell,15, 16, 17, 18, 24 Division of Cultural Affairs View DocumentNovember 5, 2021
Palau National Register Of Historic PlacesPALAU NATIONAL REGISTER OF HISTORIC PLACES 1 1. Title: Historic Preservation Specialist III/ Registrar 2. Responsibilities • Nomination and Registration of sites to the Palau Register of Historic Places • Maintain the national list of historic sites eligible to be nominated to the Palau Register of Historic Places • Monitoring permitted and non-permitted undertakings for compliance with historic preservation law. • Preservation and protection of all documents, artifacts, and other materials with historical and cultural values held in the Register archive. • Restoration of registered sites. • Maintaining the Palau Research Library. 3. Background and Review The Palau Register of Historic Places was developed under the Palau Historic Preservation Act (PNC 19) and is modeled after the U.S National Register. It is administered under the BCHP and is intended to serve as the official inventory of information regarding historical sites and tangible cultural properties, which are considered significant to the Palauan people, and thus worth preserving. The Palau Register includes not only those places of national significance, but also places of state and local importance. In effect, it is an authoritative guide whereby government officials, private groups, and ordinary citizens can indicate which properties throughout the nation should be protected from destruction or impairment. The Palau Register is also the legal instrument that ensures the registered properties of properties that may be eligible, threatened by public or private development, are subjected to comment and review in accordance with the procedures prescribed by law. The Historic Preservation Act, which brought the Palau Register of Historic Places into being, was initially passed in 1978 as Public Law 6-6-19. Several years passed before the Palau Register was developed to the level of nominating and registering historic sites. In the early 1980’s, Trust Territory documents and books to be maintained began arriving in Palau and most were distributed to appropriate government agencies for their own storage and use. Those that were not dispersed remain in the Register archive for reference purposes. The primary goal of the Palau Register is to preserve significant historic and cultural properties through the means provided by Palau National Code (PNC) 19. More specifically, the Palau Register programs seeks to: (1) assess and record the history and achievements of the Palauan people as reflected in historic districts, sites, buildings, structures, and objects; (2) aid Palauan states in the preparation of comprehensive preservation; (3) assist in preservation of the tangible reminders of history; and (4) extend all such properties a degree of protection by insuring compliance with procedures whenever and wherever the law applies. This process requires a recommendation of sites by the Register of the BCHP, approval by the Palau Historical and Cultural Advisory Board, and certification by the Keeper of the Register. PALAU NATIONAL REGISTER OF HISTORIC PLACES 2 The Register has its own written procedures entitled the “Palau Register of Historic Places Manual” that describes all functions related to this section, including the purpose and authority of the Register, the role of the Technical Review Committee, the nomination process, and criteria for inclusion in the Register. As followed in the manual procedures, the following criteria are used in evaluating a particular property for inclusion in the register: Significant districts, sites, buildings, structures, and objects are those that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and a) that are associated with events that have made a significant contribution to the broad patterns of history, or b) that are associated with the lives of persons significant in Palauan history or culture, or c) that are associated with lyrics, folklore’s and traditions significant in Palauan culture, or d) embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction, or e) that have yielded, or may be likely to yield, information important in prehistory and history. Beginning in 1989, the first 14 sites were nominated and approved for inclusion in the Palau Register. As of August 2021, 190 sites had been nominated and approved for inclusion in the National Historic Register. 4. Currents Projects and Programs In addition to continuing the necessary responsibilities related to nominating and registering sites to the National Historic Register, the Preservation Registrar, along with the BCHP staff, has been actively engaged in helping to organize and oversee restoration projects for a number of sites in Palau. Each year, in consultation with state government and traditional leaders, the BCHP selects several sites for future restoration. These sites are chosen because they provide an important source of information that is educational for both tourists and the Palauan people. Besides continuing the necessary responsibilities related to nominating and registering sites to the National Historic Register, the Preservation Registrar has been involved in helping to organize and oversee restoration projects for a number of sites in Palau. To date, 45 sites have been restored. 5. Priorities and Goals There have been more than 4,000 historic and cultural sites identified in the Republic of Palau. In response to agency or individual nominations of sites, additional sites will continue to be identified until all sites with historical and cultural significance are surveyed and recorded. The priorities and goals for this section revolve around selectively nominating valuable and highly significant sited to the Palau Register, to conduct restoration of those sites, to organize the Register Archive, and PALAU NATIONAL REGISTER OF HISTORIC PLACES 3 to streamline the nomination process. Initial determination of eligibility is by the principal investigator or archaeologist when conducting survey in each of the states. Another goal is to streamline the process of site nomination. A problem often exists in that there may not be enough information brought in by survey and oral history collection to help aid in the nomination and registration of the sites. This can result in an increased workload for members of the staff and many operations must either be repeated or extended. A more thorough, integrative research design would promote increased efficiency in gathering site information, and will inevitably increase the number of sites that are nominated to the Register each year. Once the site has been nominated and placed on the Palau Register of Historic Places, restoration is then a major consideration. Although not mandated by law, it is in the best interest of the BCHP, as well as Palauans generally, to maintain and preserve cultural resources. This includes clearing away vegetation and restoring a site to its (near) original condition. This site rehabilitation program, developed in the mid-1990s, helps facilitate the enjoyment and education of the site by both locals and visitors. This will hopefully have the effect of increasing the number of site nominations to the Palau Register and motivate villages in every state to maintain their sites. In addition, another issue is that the majority of properties identified during survey are on private land. These properties, despite their significance, must have a land owner endorsement for the site to be registered. Another goal is to continue the organization of the Register Archive and the Research library. This includes cataloguing books, documents, and cultural material, and organizing them into an interpretable cataloguing system. This facilitates information gathering and provides a way for researchers to easily examine site reports and other literary resources. In the linger term, all historically and culturally significant sites in the Republic of Palau must be reviewed for nomination to the National Historic Register. This includes those sites that will be identified in present and future surveys. The preservation registrar also foresees focusing on educating the public about historic and cultural preservation as a priority for the future. Overall, it is a continuing goal to try and nominate around 10 sites per year. In addition, other important priorities and goals for the Registrar section as defined by the staff at the BCHP are as follows: • Seek out training on site evaluation, Section 106 procedures, landscape preservation, and management of traditional cultural places. • With the assistance of the Public Education Section, conduct state visits to enhance awareness of cultural sites and to promote protection and preservation. • Work with state government to improve and replace deteriorating and corroded interpretive signs. • Digitize library documents and audio, video, and photo collections for the preparation of creating a searchable electronic database. • Promote annual site rehabilitation and conservation projects. • Update the Palau Register Manual. • Promote continuous nomination and registration of significant cultural and historical sites. View DocumentOctober 20, 2021
MHRCTD Org Chart as of 07.06.2021MHRCTD Org Chart as of 07.06.2021View DocumentAugust 5, 2021
EO-451-Organizing the Ministry of Human Resources Culture Tourism and DevelopmentREPUBLIC OF PALAU OFFICE OF THE PRESIDENT SURANGEL WHIPPS, JR. ~ EXECUTIVE ORDER NO. 451 P.O. Box 6051, Palau, PW 96940 Tel. (680) 767-2403/2828 Fax. (680) 767-2424/1662 Email: [email protected] Organizing the J\,finishJ' °"/Human Resources, Culture, Tourism, and Development WHEREAS, pursuant to Article VI of the Constitution, the national government must take positive action to protect the safety and security of persons and property; and WHEREAS, Title 2 of the Palau National Code establishes eight Ministries, including the Ministry of Human Resources, Culture, Tourism, and Development, which is created by RPPL 11-7 and described by Section 117; and WHEREAS, as the national chief executive, the President is empowered, pursuant to Section 109 of Title 2 of the Palau National Code, to provide for the subdivisions of the Ministries and to prescribe their duties, responsibilities, and functions; and WHEREAS, pursuant to 2 PNC § 117, the Ministry of Human Resources, Culture, Tourism, and Development is responsible for preservation, development, and promotion of cultural and historical resources, including museum facilities, the local economy, and human resources functions of the executive branch workforce, the management and development of programs for youth affairs, the promotion and development of tourism, and related matters; NOW, THEREFORE, by virtue of the authority vested in me as President of the Republic of Palau, pursuant to the applicable laws of the Republic, I hereby order the organization of the Ministry of Human Resources, Culture, Tourism, and Development as follows: MINISTRY OF HUMAN RESOURCES, CULTURE, TOURISM, AND DEVELOPMENT The Ministry of Human Resources, Culture, Tourism, and Development shall be headed by a Minister (MHRCTD) who shall be responsible for the administration and management of the subject matters captured in Section 117 of Title 2 of the Palau National Code. The Minister shall coordinate the programs of the Ministry with appropriate authorities, boards, and commissions. The Minister shall be responsible for the performance of the duties and functions of the following offices, bureaus, and divisions: Section 1. Office of Labor Compliance The Office of Labor Compliance shall report to the Minister of Human Resources, Culture, Tourism, and Development and shall have the following duties: 1. Compile and retain familiarity with the labor laws and regulations of the Republic. 2. Issue guidance to public and private sector workforces regarding safe work practices. 3. Coordinate with other agencies to ensure compliance with all employment laws, including requirements of Dependent Visas, Work Visas, and all foreign worker restrictions. 4. Collaborate and partner with international and national organizations for the protection and safety of employees. Section 2. Bureau of Human Resources The Bureau of Human Resources shall be headed by a Director who shall be the Procurement Officer for the purchase of contractual services (Section 608; Title 40 of the PNC). The Director shall be responsible for the day-to-day management of programs and activities involving personnel of the Government, including identifying, obtaining, and developing the human resources, training, and internal controls needed for all national government employees and public service systems; developing and administrating youth and career development programs; and formulating rules, regulations, policies, and procedures to carry out the provisions of the National Public Service System Act. The Director shall be responsible for the performance of the duties and functions of the following functions and shall coordinate the work of the following divisions: 1. Support and facilitate trammg programs to enhance and maintain the skills and qualifications of Government employees. 2. Maintain records for civil service and other employees of the national government and its subparts. 3. Foster and develop, in cooperation with the Appropriate Management Officials and with others, programs to promote the public service system and to improve employee efficiency, including wage audits, performance reviews, and other human resource functions. 4. Institute a formal coordination process with the Ministry of State to disseminate regional and international training opportunities and utilize the employment classification system to match employees with training opportunities. 5. Receive reports from all other Ministries of the Executive Branch to learn of and support the hiring processes for other Ministries. 6. Coordinate with all other Ministries and those personnel that are responsible for human resource and personnel matters to standardize human resource procedures and promote best practices. 7. Formulate policies and procedures related to the Public Service System. 8. Oversee the management and maintenance of the Human Resource Information System to ensure that the database is updated and accurate. 9. Develop and maintain an operational plan to archive old personnel action forms as well as moving towards electronic processing of personnel actions. 10. Promulgate regulations relating to civil service and the Public Service System. Division of Employment Services. The Division of Employment Services shall be headed by a Chief who shall have the following duties and functions: 2 1. Coordinate support for employment services across all sectors in the Republic. 1 Collaborate with Palau National Scholarship Board to promote the retention and return of Palauans to the local workforce. 3. Support and facilitate training programs to maintain and enhance the skills of the local workforce. 4. Assist the Director of the Bureau of Human Resources with regards to investigations into personnel matters with the support and advice of the Office of the Attorney General. 5. Prepare such regular and other reports as may be required by the Director of the Bureau of Human Resources. Coordinate citizen job placement services to link the public to opportunities in the private sector. 6. Coordinate with the Division of Youth and Career Development to cross-promote and engage Palauans with local apprenticeships, training programs, and career opportunities. Division of Youth and Career Development. The Division of Youth and Career Development shall be headed by a Chief. The Division shall be responsible for developing, initiating, coordinating, and supporting youth policy development and programs, participating and providing support to regional and international youth development and related programs as appropriate, and shall perform the following duties and functions: 1. Facilitate youth policy development and its implementation framework at the national and state government. 2. Coordinate and develop appropriate Apprenticeship Programs, including those with key stakeholders such as the Civil Action Team, to promote youth interest in career development. 3. Coordinate opportunities for rehabilitation and vocational training to facilitate reform and reintroduction to civil society following incarceration or contact with the criminal justice system. 4. Seek out additional funds and technical assistance to enhance and promote the development of youth. 5. Manage and administer the Job Corps Program and regularly monitor and review the quality of the local youth work provision; running arts-based activities, community/environmental projects, residential activities, outdoor education, and sporting activities; including supporting youth groups and individuals in various settings, and outreach work. 6. Serve as the national repository of youth-related data in conjunction with other relevant entities. 7. Manage and administer youth and community projects and resources; assessing the needs of young people, and planning and delivering programs related to areas such as 3 health, fitness (physical act1v1t1es and sports), smoking, drinking, drugs, gangs, violence, relationships, and bullying. 8. Provide mentoring, coaching, and supporting individuals to facilitate personal, social, and educational growth in young people as well as encouraging greater social inclusion; working in partnership with professionals from other organizations such as social care, health, police, education, youth offending teams, and local authorities that support young people. 9. Work with parents, families, and community groups in partnership and collaboration with Palau National Youth Council, Palau National Olympic Committee, and other Palau sports federations to advocate young people's interests and promote healthy lifestyles to combat non-communicable diseases. 10. Encourage partnership and collaboration with funding bodies for applied arts and career programs targeting youth, including partnership and coordination with Small Business Development Corporation and the YES (Youth Entrepreneurship Service). Section 3. Bureau of Cultural and Historical Preservation The Bureau of Cultural and Historical Preservation shall be headed by a Director. The Bureau shall coordinate projects, programs, and activities with Belau National Museum, Kramer Ethnography Committee, the Protected Area Network (PAN), Palau Community Action Agency, the Unexploded Ordinance Technical Committee (UXO), and other government and non-government agencies in the preservation and protection of cultural and historical preservation related matters. The Bureau shall be responsible for the performance of the duties and functions of the following divisions. Division of Archaeology. The Division of Archaeology shall be headed by a Chief. The Division shall perform the following duties and responsibilities in Archaeology, Survey, and Inventory: 1. Implement applicable parts of Title 19 of the PNC and Section 106 of the United States National Historic Preservation Act, as amended. 2. Implement project review processes and issue permits pursuant to Title 19 of the PNC. 3. Safeguard and document historic and cultural properties in Palau. 4. Conduct historical clearance review processing. 5. Enhance its work and partnership with Protected Area Network (PAN) and the Unexploded Ordinance Technical Committee in the promotion and protection of historical preservation sites and all its related activities. 6. Establish and maintain a "Palau Registry of Historic Places" and nominate and register potentially eligible sites to the Registry. 7. 4 7. Maintain the Bureau of Cultural and Historical Preservation reference library and conduct reviews of projects relating to the restoration and development of Registered Sites. 8. Participate in public education awareness regarding the importance of preserving and protecting tangible cultural and historical resources. Division of Ethnography. The Division of Ethnography shall be headed by a Chief. The Division shall be responsible for the implementation of applicable parts of Title 19 of the PNC, the "Historical and Cultural Preservation Act," and other applicable laws, and also shall perform the following duties and responsibilities: 1. Keep and maintain the Oral History and Ethnography section databases: photograph, audio, video, and state surveys, and digitize audio recordings for preservation. 2. Maintain a close working relationship with the Klobak era !betel a Cherechar (Society of Historians) to identify, document, and implement Palau's oral history and ethnography; i.e., Palau's oral histories, cultural knowledge, and expressions of culture and practices, in order to preserve, enhance and promote the same through research and publications. In addition, the Division shall work with Kramer Ethnography Committee on all its work and related matters. 3. Preserve, promote, and protect in the area of arts, i.e., music; dance; applied arts such as carving, weaving, jewelry, pottery, culinary, and fashion design; literary arts; visual arts; and photography and videography and others; at all levels. 4. Document contemporary, cultural and traditional arts; promote arts in the community through education and community-based organizations, and coordinate with local and overseas entities dealing with arts in partnership with Belau National Museum. 5. Foster public education and awareness of Palau's historical and cultural heritage; provide guided site visits to students, the public, and visitors; produce bi-annual newsletter; conduct various publicity campaigns, educational workshops, conferences, and symposiums. 6. Develop stakeholder capabilities in identifying and documenting their own oral histories. , Section 4. Bureau of Tourism The Bureau of Tourism will be headed up by a Director and will administer and coordinate the work programs of newly established roles and functions of the Bureau, in particular its regulatory role. The Bureau shall have the following duties and responsibilities: 1. Regulate tourism services and activities throughout Palau. 2. Register, license, and grade all tourism and tourism-related businesses. 3. Develop and implement a code of practice for the tourism sector. 5 4. Write reports, review and finalize reports, disseminate tourism regulatory information, and advise the Minister on matters relating to overall industry performance. 5. Monitor and assess tourism activities and assist in the improvement of tourism services and offerings in Palau, with adherence to sound principles and practices of sustainable tourism. 6. Closely collaborate with Palau Visitors Authority and the Palau Chamber of Commerce, in the promotion and development of the tourism sector in Palau, including but not limited to the following support: developing occupational standards and certification processes and requirements; and supporting the development and enforcement of standards for tourist health, safety, and response. 7. Collaborate with other government agencies, coordinate local tourism sectors, and secure and identify funding internationally. The Bureau will be comprised of the following division: Division of Compliance. The Division of Compliance shall be headed by a Chief who shall be the Compliance Specialist responsible for supervising the programs and related activities of the Division. The Compliance Specialist shall provide all related technical and professional assistance and advice or recommendations relating to Palau tourism sectors and their activities in regulations compliance throughout Palau. The Division shall have the following duties and responsibilities: 1. Enforce tourism regulations, occupational standards, and certification processes and requirements for best tourism practices. 2. Plan and implement compliance programs for the Bureau of Tourism. 3. Write and administer grants. 4. Assist in the development of standards for tourism health, safety, and response. 5. Assist the development of regulations and standards for Palau cultural and aesthetic codes for tourism products and activities with a certification for excellence in products, services, and product supply and delivery consistency. Section 5. Bureau of Development The Bureau Development shall be headed by a Director. The bureau shall be responsible for the development of Palau's domestic commerce and for providing assistance in the development of international trade. The Bureau shall have the following duties and responsibilities: 1. Oversee and promote the development of Palau's domestic commerce. 2. Institute programming for Civil Defense Force training and expand the vocational and technical training available to our law enforcement, state ranger, and PAN Officer community. 3. Collaborate with national and international investors and partners for the advancement of development opportunities. 6 4. Support the business community and investors by coordinating with other agencies to support business development needs involving FIB, EQPB_ historical permits, and Land Court clearance. Division of Commerce. The Division of Commerce shall be headed by a Chief and shall be responsible for assisting in the duties and responsibilities of the Bureau of Development. The Division shall have the following duties and responsibilities: 1. Increasing the development and growth of domestic industries, including, but not limited to, cooperatives, credit unions, and cottage industries; 2. Regulating the licensing of alcohol manufacturing and distribution in Palau. 3. Supporting of economic policies and activities in the Republic. Effective Date and Duration. This Order shall take effect immediately and shall continue until it is rescinded or superseded in a future reorganization of the Executive Branch. Previous Orders. Previous orders, including Executive Order 381, that describe the Bureau and Divisions herein reorganized under the Ministry of Human Resources, Culture, Tourism, and Development are hereby superseded to the extent that they conflict with this Order. Ir~ WITNESS WHEREOF I have hereunto et my hand and affixed my official seal this --1...:..._ day of cfu.n.e....-- , 2021, in Ngerulmud, Republic of Palau. Surangel S. Whipps, Jr. President of the Republic of Palau 7View DocumentAugust 5, 2021

Tourism

Document Title Description Document Published
Bureau of Tourism ReportBureau of Tourism ReportView DocumentNovember 7, 2021
MHRCTD Org Chart as of 07.06.2021MHRCTD Org Chart as of 07.06.2021View DocumentAugust 5, 2021
EO-451-Organizing the Ministry of Human Resources Culture Tourism and DevelopmentREPUBLIC OF PALAU OFFICE OF THE PRESIDENT SURANGEL WHIPPS, JR. ~ EXECUTIVE ORDER NO. 451 P.O. Box 6051, Palau, PW 96940 Tel. (680) 767-2403/2828 Fax. (680) 767-2424/1662 Email: [email protected] Organizing the J\,finishJ' °"/Human Resources, Culture, Tourism, and Development WHEREAS, pursuant to Article VI of the Constitution, the national government must take positive action to protect the safety and security of persons and property; and WHEREAS, Title 2 of the Palau National Code establishes eight Ministries, including the Ministry of Human Resources, Culture, Tourism, and Development, which is created by RPPL 11-7 and described by Section 117; and WHEREAS, as the national chief executive, the President is empowered, pursuant to Section 109 of Title 2 of the Palau National Code, to provide for the subdivisions of the Ministries and to prescribe their duties, responsibilities, and functions; and WHEREAS, pursuant to 2 PNC § 117, the Ministry of Human Resources, Culture, Tourism, and Development is responsible for preservation, development, and promotion of cultural and historical resources, including museum facilities, the local economy, and human resources functions of the executive branch workforce, the management and development of programs for youth affairs, the promotion and development of tourism, and related matters; NOW, THEREFORE, by virtue of the authority vested in me as President of the Republic of Palau, pursuant to the applicable laws of the Republic, I hereby order the organization of the Ministry of Human Resources, Culture, Tourism, and Development as follows: MINISTRY OF HUMAN RESOURCES, CULTURE, TOURISM, AND DEVELOPMENT The Ministry of Human Resources, Culture, Tourism, and Development shall be headed by a Minister (MHRCTD) who shall be responsible for the administration and management of the subject matters captured in Section 117 of Title 2 of the Palau National Code. The Minister shall coordinate the programs of the Ministry with appropriate authorities, boards, and commissions. The Minister shall be responsible for the performance of the duties and functions of the following offices, bureaus, and divisions: Section 1. Office of Labor Compliance The Office of Labor Compliance shall report to the Minister of Human Resources, Culture, Tourism, and Development and shall have the following duties: 1. Compile and retain familiarity with the labor laws and regulations of the Republic. 2. Issue guidance to public and private sector workforces regarding safe work practices. 3. Coordinate with other agencies to ensure compliance with all employment laws, including requirements of Dependent Visas, Work Visas, and all foreign worker restrictions. 4. Collaborate and partner with international and national organizations for the protection and safety of employees. Section 2. Bureau of Human Resources The Bureau of Human Resources shall be headed by a Director who shall be the Procurement Officer for the purchase of contractual services (Section 608; Title 40 of the PNC). The Director shall be responsible for the day-to-day management of programs and activities involving personnel of the Government, including identifying, obtaining, and developing the human resources, training, and internal controls needed for all national government employees and public service systems; developing and administrating youth and career development programs; and formulating rules, regulations, policies, and procedures to carry out the provisions of the National Public Service System Act. The Director shall be responsible for the performance of the duties and functions of the following functions and shall coordinate the work of the following divisions: 1. Support and facilitate trammg programs to enhance and maintain the skills and qualifications of Government employees. 2. Maintain records for civil service and other employees of the national government and its subparts. 3. Foster and develop, in cooperation with the Appropriate Management Officials and with others, programs to promote the public service system and to improve employee efficiency, including wage audits, performance reviews, and other human resource functions. 4. Institute a formal coordination process with the Ministry of State to disseminate regional and international training opportunities and utilize the employment classification system to match employees with training opportunities. 5. Receive reports from all other Ministries of the Executive Branch to learn of and support the hiring processes for other Ministries. 6. Coordinate with all other Ministries and those personnel that are responsible for human resource and personnel matters to standardize human resource procedures and promote best practices. 7. Formulate policies and procedures related to the Public Service System. 8. Oversee the management and maintenance of the Human Resource Information System to ensure that the database is updated and accurate. 9. Develop and maintain an operational plan to archive old personnel action forms as well as moving towards electronic processing of personnel actions. 10. Promulgate regulations relating to civil service and the Public Service System. Division of Employment Services. The Division of Employment Services shall be headed by a Chief who shall have the following duties and functions: 2 1. Coordinate support for employment services across all sectors in the Republic. 1 Collaborate with Palau National Scholarship Board to promote the retention and return of Palauans to the local workforce. 3. Support and facilitate training programs to maintain and enhance the skills of the local workforce. 4. Assist the Director of the Bureau of Human Resources with regards to investigations into personnel matters with the support and advice of the Office of the Attorney General. 5. Prepare such regular and other reports as may be required by the Director of the Bureau of Human Resources. Coordinate citizen job placement services to link the public to opportunities in the private sector. 6. Coordinate with the Division of Youth and Career Development to cross-promote and engage Palauans with local apprenticeships, training programs, and career opportunities. Division of Youth and Career Development. The Division of Youth and Career Development shall be headed by a Chief. The Division shall be responsible for developing, initiating, coordinating, and supporting youth policy development and programs, participating and providing support to regional and international youth development and related programs as appropriate, and shall perform the following duties and functions: 1. Facilitate youth policy development and its implementation framework at the national and state government. 2. Coordinate and develop appropriate Apprenticeship Programs, including those with key stakeholders such as the Civil Action Team, to promote youth interest in career development. 3. Coordinate opportunities for rehabilitation and vocational training to facilitate reform and reintroduction to civil society following incarceration or contact with the criminal justice system. 4. Seek out additional funds and technical assistance to enhance and promote the development of youth. 5. Manage and administer the Job Corps Program and regularly monitor and review the quality of the local youth work provision; running arts-based activities, community/environmental projects, residential activities, outdoor education, and sporting activities; including supporting youth groups and individuals in various settings, and outreach work. 6. Serve as the national repository of youth-related data in conjunction with other relevant entities. 7. Manage and administer youth and community projects and resources; assessing the needs of young people, and planning and delivering programs related to areas such as 3 health, fitness (physical act1v1t1es and sports), smoking, drinking, drugs, gangs, violence, relationships, and bullying. 8. Provide mentoring, coaching, and supporting individuals to facilitate personal, social, and educational growth in young people as well as encouraging greater social inclusion; working in partnership with professionals from other organizations such as social care, health, police, education, youth offending teams, and local authorities that support young people. 9. Work with parents, families, and community groups in partnership and collaboration with Palau National Youth Council, Palau National Olympic Committee, and other Palau sports federations to advocate young people's interests and promote healthy lifestyles to combat non-communicable diseases. 10. Encourage partnership and collaboration with funding bodies for applied arts and career programs targeting youth, including partnership and coordination with Small Business Development Corporation and the YES (Youth Entrepreneurship Service). Section 3. Bureau of Cultural and Historical Preservation The Bureau of Cultural and Historical Preservation shall be headed by a Director. The Bureau shall coordinate projects, programs, and activities with Belau National Museum, Kramer Ethnography Committee, the Protected Area Network (PAN), Palau Community Action Agency, the Unexploded Ordinance Technical Committee (UXO), and other government and non-government agencies in the preservation and protection of cultural and historical preservation related matters. The Bureau shall be responsible for the performance of the duties and functions of the following divisions. Division of Archaeology. The Division of Archaeology shall be headed by a Chief. The Division shall perform the following duties and responsibilities in Archaeology, Survey, and Inventory: 1. Implement applicable parts of Title 19 of the PNC and Section 106 of the United States National Historic Preservation Act, as amended. 2. Implement project review processes and issue permits pursuant to Title 19 of the PNC. 3. Safeguard and document historic and cultural properties in Palau. 4. Conduct historical clearance review processing. 5. Enhance its work and partnership with Protected Area Network (PAN) and the Unexploded Ordinance Technical Committee in the promotion and protection of historical preservation sites and all its related activities. 6. Establish and maintain a "Palau Registry of Historic Places" and nominate and register potentially eligible sites to the Registry. 7. 4 7. Maintain the Bureau of Cultural and Historical Preservation reference library and conduct reviews of projects relating to the restoration and development of Registered Sites. 8. Participate in public education awareness regarding the importance of preserving and protecting tangible cultural and historical resources. Division of Ethnography. The Division of Ethnography shall be headed by a Chief. The Division shall be responsible for the implementation of applicable parts of Title 19 of the PNC, the "Historical and Cultural Preservation Act," and other applicable laws, and also shall perform the following duties and responsibilities: 1. Keep and maintain the Oral History and Ethnography section databases: photograph, audio, video, and state surveys, and digitize audio recordings for preservation. 2. Maintain a close working relationship with the Klobak era !betel a Cherechar (Society of Historians) to identify, document, and implement Palau's oral history and ethnography; i.e., Palau's oral histories, cultural knowledge, and expressions of culture and practices, in order to preserve, enhance and promote the same through research and publications. In addition, the Division shall work with Kramer Ethnography Committee on all its work and related matters. 3. Preserve, promote, and protect in the area of arts, i.e., music; dance; applied arts such as carving, weaving, jewelry, pottery, culinary, and fashion design; literary arts; visual arts; and photography and videography and others; at all levels. 4. Document contemporary, cultural and traditional arts; promote arts in the community through education and community-based organizations, and coordinate with local and overseas entities dealing with arts in partnership with Belau National Museum. 5. Foster public education and awareness of Palau's historical and cultural heritage; provide guided site visits to students, the public, and visitors; produce bi-annual newsletter; conduct various publicity campaigns, educational workshops, conferences, and symposiums. 6. Develop stakeholder capabilities in identifying and documenting their own oral histories. , Section 4. Bureau of Tourism The Bureau of Tourism will be headed up by a Director and will administer and coordinate the work programs of newly established roles and functions of the Bureau, in particular its regulatory role. The Bureau shall have the following duties and responsibilities: 1. Regulate tourism services and activities throughout Palau. 2. Register, license, and grade all tourism and tourism-related businesses. 3. Develop and implement a code of practice for the tourism sector. 5 4. Write reports, review and finalize reports, disseminate tourism regulatory information, and advise the Minister on matters relating to overall industry performance. 5. Monitor and assess tourism activities and assist in the improvement of tourism services and offerings in Palau, with adherence to sound principles and practices of sustainable tourism. 6. Closely collaborate with Palau Visitors Authority and the Palau Chamber of Commerce, in the promotion and development of the tourism sector in Palau, including but not limited to the following support: developing occupational standards and certification processes and requirements; and supporting the development and enforcement of standards for tourist health, safety, and response. 7. Collaborate with other government agencies, coordinate local tourism sectors, and secure and identify funding internationally. The Bureau will be comprised of the following division: Division of Compliance. The Division of Compliance shall be headed by a Chief who shall be the Compliance Specialist responsible for supervising the programs and related activities of the Division. The Compliance Specialist shall provide all related technical and professional assistance and advice or recommendations relating to Palau tourism sectors and their activities in regulations compliance throughout Palau. The Division shall have the following duties and responsibilities: 1. Enforce tourism regulations, occupational standards, and certification processes and requirements for best tourism practices. 2. Plan and implement compliance programs for the Bureau of Tourism. 3. Write and administer grants. 4. Assist in the development of standards for tourism health, safety, and response. 5. Assist the development of regulations and standards for Palau cultural and aesthetic codes for tourism products and activities with a certification for excellence in products, services, and product supply and delivery consistency. Section 5. Bureau of Development The Bureau Development shall be headed by a Director. The bureau shall be responsible for the development of Palau's domestic commerce and for providing assistance in the development of international trade. The Bureau shall have the following duties and responsibilities: 1. Oversee and promote the development of Palau's domestic commerce. 2. Institute programming for Civil Defense Force training and expand the vocational and technical training available to our law enforcement, state ranger, and PAN Officer community. 3. Collaborate with national and international investors and partners for the advancement of development opportunities. 6 4. Support the business community and investors by coordinating with other agencies to support business development needs involving FIB, EQPB_ historical permits, and Land Court clearance. Division of Commerce. The Division of Commerce shall be headed by a Chief and shall be responsible for assisting in the duties and responsibilities of the Bureau of Development. The Division shall have the following duties and responsibilities: 1. Increasing the development and growth of domestic industries, including, but not limited to, cooperatives, credit unions, and cottage industries; 2. Regulating the licensing of alcohol manufacturing and distribution in Palau. 3. Supporting of economic policies and activities in the Republic. Effective Date and Duration. This Order shall take effect immediately and shall continue until it is rescinded or superseded in a future reorganization of the Executive Branch. Previous Orders. Previous orders, including Executive Order 381, that describe the Bureau and Divisions herein reorganized under the Ministry of Human Resources, Culture, Tourism, and Development are hereby superseded to the extent that they conflict with this Order. Ir~ WITNESS WHEREOF I have hereunto et my hand and affixed my official seal this --1...:..._ day of cfu.n.e....-- , 2021, in Ngerulmud, Republic of Palau. Surangel S. Whipps, Jr. President of the Republic of Palau 7View DocumentAugust 5, 2021
Special Charter Flight to Dhaka, Bangladesh on August 10, 2021Ministry of Human Resources, Culture, Tourism & DevelopmentView DocumentAugust 4, 2021

Development

Document Title Description Document Published
MHRCTD Org Chart as of 07.06.2021MHRCTD Org Chart as of 07.06.2021View DocumentAugust 5, 2021
EO-451-Organizing the Ministry of Human Resources Culture Tourism and DevelopmentREPUBLIC OF PALAU OFFICE OF THE PRESIDENT SURANGEL WHIPPS, JR. ~ EXECUTIVE ORDER NO. 451 P.O. Box 6051, Palau, PW 96940 Tel. (680) 767-2403/2828 Fax. (680) 767-2424/1662 Email: [email protected] Organizing the J\,finishJ' °"/Human Resources, Culture, Tourism, and Development WHEREAS, pursuant to Article VI of the Constitution, the national government must take positive action to protect the safety and security of persons and property; and WHEREAS, Title 2 of the Palau National Code establishes eight Ministries, including the Ministry of Human Resources, Culture, Tourism, and Development, which is created by RPPL 11-7 and described by Section 117; and WHEREAS, as the national chief executive, the President is empowered, pursuant to Section 109 of Title 2 of the Palau National Code, to provide for the subdivisions of the Ministries and to prescribe their duties, responsibilities, and functions; and WHEREAS, pursuant to 2 PNC § 117, the Ministry of Human Resources, Culture, Tourism, and Development is responsible for preservation, development, and promotion of cultural and historical resources, including museum facilities, the local economy, and human resources functions of the executive branch workforce, the management and development of programs for youth affairs, the promotion and development of tourism, and related matters; NOW, THEREFORE, by virtue of the authority vested in me as President of the Republic of Palau, pursuant to the applicable laws of the Republic, I hereby order the organization of the Ministry of Human Resources, Culture, Tourism, and Development as follows: MINISTRY OF HUMAN RESOURCES, CULTURE, TOURISM, AND DEVELOPMENT The Ministry of Human Resources, Culture, Tourism, and Development shall be headed by a Minister (MHRCTD) who shall be responsible for the administration and management of the subject matters captured in Section 117 of Title 2 of the Palau National Code. The Minister shall coordinate the programs of the Ministry with appropriate authorities, boards, and commissions. The Minister shall be responsible for the performance of the duties and functions of the following offices, bureaus, and divisions: Section 1. Office of Labor Compliance The Office of Labor Compliance shall report to the Minister of Human Resources, Culture, Tourism, and Development and shall have the following duties: 1. Compile and retain familiarity with the labor laws and regulations of the Republic. 2. Issue guidance to public and private sector workforces regarding safe work practices. 3. Coordinate with other agencies to ensure compliance with all employment laws, including requirements of Dependent Visas, Work Visas, and all foreign worker restrictions. 4. Collaborate and partner with international and national organizations for the protection and safety of employees. Section 2. Bureau of Human Resources The Bureau of Human Resources shall be headed by a Director who shall be the Procurement Officer for the purchase of contractual services (Section 608; Title 40 of the PNC). The Director shall be responsible for the day-to-day management of programs and activities involving personnel of the Government, including identifying, obtaining, and developing the human resources, training, and internal controls needed for all national government employees and public service systems; developing and administrating youth and career development programs; and formulating rules, regulations, policies, and procedures to carry out the provisions of the National Public Service System Act. The Director shall be responsible for the performance of the duties and functions of the following functions and shall coordinate the work of the following divisions: 1. Support and facilitate trammg programs to enhance and maintain the skills and qualifications of Government employees. 2. Maintain records for civil service and other employees of the national government and its subparts. 3. Foster and develop, in cooperation with the Appropriate Management Officials and with others, programs to promote the public service system and to improve employee efficiency, including wage audits, performance reviews, and other human resource functions. 4. Institute a formal coordination process with the Ministry of State to disseminate regional and international training opportunities and utilize the employment classification system to match employees with training opportunities. 5. Receive reports from all other Ministries of the Executive Branch to learn of and support the hiring processes for other Ministries. 6. Coordinate with all other Ministries and those personnel that are responsible for human resource and personnel matters to standardize human resource procedures and promote best practices. 7. Formulate policies and procedures related to the Public Service System. 8. Oversee the management and maintenance of the Human Resource Information System to ensure that the database is updated and accurate. 9. Develop and maintain an operational plan to archive old personnel action forms as well as moving towards electronic processing of personnel actions. 10. Promulgate regulations relating to civil service and the Public Service System. Division of Employment Services. The Division of Employment Services shall be headed by a Chief who shall have the following duties and functions: 2 1. Coordinate support for employment services across all sectors in the Republic. 1 Collaborate with Palau National Scholarship Board to promote the retention and return of Palauans to the local workforce. 3. Support and facilitate training programs to maintain and enhance the skills of the local workforce. 4. Assist the Director of the Bureau of Human Resources with regards to investigations into personnel matters with the support and advice of the Office of the Attorney General. 5. Prepare such regular and other reports as may be required by the Director of the Bureau of Human Resources. Coordinate citizen job placement services to link the public to opportunities in the private sector. 6. Coordinate with the Division of Youth and Career Development to cross-promote and engage Palauans with local apprenticeships, training programs, and career opportunities. Division of Youth and Career Development. The Division of Youth and Career Development shall be headed by a Chief. The Division shall be responsible for developing, initiating, coordinating, and supporting youth policy development and programs, participating and providing support to regional and international youth development and related programs as appropriate, and shall perform the following duties and functions: 1. Facilitate youth policy development and its implementation framework at the national and state government. 2. Coordinate and develop appropriate Apprenticeship Programs, including those with key stakeholders such as the Civil Action Team, to promote youth interest in career development. 3. Coordinate opportunities for rehabilitation and vocational training to facilitate reform and reintroduction to civil society following incarceration or contact with the criminal justice system. 4. Seek out additional funds and technical assistance to enhance and promote the development of youth. 5. Manage and administer the Job Corps Program and regularly monitor and review the quality of the local youth work provision; running arts-based activities, community/environmental projects, residential activities, outdoor education, and sporting activities; including supporting youth groups and individuals in various settings, and outreach work. 6. Serve as the national repository of youth-related data in conjunction with other relevant entities. 7. Manage and administer youth and community projects and resources; assessing the needs of young people, and planning and delivering programs related to areas such as 3 health, fitness (physical act1v1t1es and sports), smoking, drinking, drugs, gangs, violence, relationships, and bullying. 8. Provide mentoring, coaching, and supporting individuals to facilitate personal, social, and educational growth in young people as well as encouraging greater social inclusion; working in partnership with professionals from other organizations such as social care, health, police, education, youth offending teams, and local authorities that support young people. 9. Work with parents, families, and community groups in partnership and collaboration with Palau National Youth Council, Palau National Olympic Committee, and other Palau sports federations to advocate young people's interests and promote healthy lifestyles to combat non-communicable diseases. 10. Encourage partnership and collaboration with funding bodies for applied arts and career programs targeting youth, including partnership and coordination with Small Business Development Corporation and the YES (Youth Entrepreneurship Service). Section 3. Bureau of Cultural and Historical Preservation The Bureau of Cultural and Historical Preservation shall be headed by a Director. The Bureau shall coordinate projects, programs, and activities with Belau National Museum, Kramer Ethnography Committee, the Protected Area Network (PAN), Palau Community Action Agency, the Unexploded Ordinance Technical Committee (UXO), and other government and non-government agencies in the preservation and protection of cultural and historical preservation related matters. The Bureau shall be responsible for the performance of the duties and functions of the following divisions. Division of Archaeology. The Division of Archaeology shall be headed by a Chief. The Division shall perform the following duties and responsibilities in Archaeology, Survey, and Inventory: 1. Implement applicable parts of Title 19 of the PNC and Section 106 of the United States National Historic Preservation Act, as amended. 2. Implement project review processes and issue permits pursuant to Title 19 of the PNC. 3. Safeguard and document historic and cultural properties in Palau. 4. Conduct historical clearance review processing. 5. Enhance its work and partnership with Protected Area Network (PAN) and the Unexploded Ordinance Technical Committee in the promotion and protection of historical preservation sites and all its related activities. 6. Establish and maintain a "Palau Registry of Historic Places" and nominate and register potentially eligible sites to the Registry. 7. 4 7. Maintain the Bureau of Cultural and Historical Preservation reference library and conduct reviews of projects relating to the restoration and development of Registered Sites. 8. Participate in public education awareness regarding the importance of preserving and protecting tangible cultural and historical resources. Division of Ethnography. The Division of Ethnography shall be headed by a Chief. The Division shall be responsible for the implementation of applicable parts of Title 19 of the PNC, the "Historical and Cultural Preservation Act," and other applicable laws, and also shall perform the following duties and responsibilities: 1. Keep and maintain the Oral History and Ethnography section databases: photograph, audio, video, and state surveys, and digitize audio recordings for preservation. 2. Maintain a close working relationship with the Klobak era !betel a Cherechar (Society of Historians) to identify, document, and implement Palau's oral history and ethnography; i.e., Palau's oral histories, cultural knowledge, and expressions of culture and practices, in order to preserve, enhance and promote the same through research and publications. In addition, the Division shall work with Kramer Ethnography Committee on all its work and related matters. 3. Preserve, promote, and protect in the area of arts, i.e., music; dance; applied arts such as carving, weaving, jewelry, pottery, culinary, and fashion design; literary arts; visual arts; and photography and videography and others; at all levels. 4. Document contemporary, cultural and traditional arts; promote arts in the community through education and community-based organizations, and coordinate with local and overseas entities dealing with arts in partnership with Belau National Museum. 5. Foster public education and awareness of Palau's historical and cultural heritage; provide guided site visits to students, the public, and visitors; produce bi-annual newsletter; conduct various publicity campaigns, educational workshops, conferences, and symposiums. 6. Develop stakeholder capabilities in identifying and documenting their own oral histories. , Section 4. Bureau of Tourism The Bureau of Tourism will be headed up by a Director and will administer and coordinate the work programs of newly established roles and functions of the Bureau, in particular its regulatory role. The Bureau shall have the following duties and responsibilities: 1. Regulate tourism services and activities throughout Palau. 2. Register, license, and grade all tourism and tourism-related businesses. 3. Develop and implement a code of practice for the tourism sector. 5 4. Write reports, review and finalize reports, disseminate tourism regulatory information, and advise the Minister on matters relating to overall industry performance. 5. Monitor and assess tourism activities and assist in the improvement of tourism services and offerings in Palau, with adherence to sound principles and practices of sustainable tourism. 6. Closely collaborate with Palau Visitors Authority and the Palau Chamber of Commerce, in the promotion and development of the tourism sector in Palau, including but not limited to the following support: developing occupational standards and certification processes and requirements; and supporting the development and enforcement of standards for tourist health, safety, and response. 7. Collaborate with other government agencies, coordinate local tourism sectors, and secure and identify funding internationally. The Bureau will be comprised of the following division: Division of Compliance. The Division of Compliance shall be headed by a Chief who shall be the Compliance Specialist responsible for supervising the programs and related activities of the Division. The Compliance Specialist shall provide all related technical and professional assistance and advice or recommendations relating to Palau tourism sectors and their activities in regulations compliance throughout Palau. The Division shall have the following duties and responsibilities: 1. Enforce tourism regulations, occupational standards, and certification processes and requirements for best tourism practices. 2. Plan and implement compliance programs for the Bureau of Tourism. 3. Write and administer grants. 4. Assist in the development of standards for tourism health, safety, and response. 5. Assist the development of regulations and standards for Palau cultural and aesthetic codes for tourism products and activities with a certification for excellence in products, services, and product supply and delivery consistency. Section 5. Bureau of Development The Bureau Development shall be headed by a Director. The bureau shall be responsible for the development of Palau's domestic commerce and for providing assistance in the development of international trade. The Bureau shall have the following duties and responsibilities: 1. Oversee and promote the development of Palau's domestic commerce. 2. Institute programming for Civil Defense Force training and expand the vocational and technical training available to our law enforcement, state ranger, and PAN Officer community. 3. Collaborate with national and international investors and partners for the advancement of development opportunities. 6 4. Support the business community and investors by coordinating with other agencies to support business development needs involving FIB, EQPB_ historical permits, and Land Court clearance. Division of Commerce. The Division of Commerce shall be headed by a Chief and shall be responsible for assisting in the duties and responsibilities of the Bureau of Development. The Division shall have the following duties and responsibilities: 1. Increasing the development and growth of domestic industries, including, but not limited to, cooperatives, credit unions, and cottage industries; 2. Regulating the licensing of alcohol manufacturing and distribution in Palau. 3. Supporting of economic policies and activities in the Republic. Effective Date and Duration. This Order shall take effect immediately and shall continue until it is rescinded or superseded in a future reorganization of the Executive Branch. Previous Orders. Previous orders, including Executive Order 381, that describe the Bureau and Divisions herein reorganized under the Ministry of Human Resources, Culture, Tourism, and Development are hereby superseded to the extent that they conflict with this Order. Ir~ WITNESS WHEREOF I have hereunto et my hand and affixed my official seal this --1...:..._ day of cfu.n.e....-- , 2021, in Ngerulmud, Republic of Palau. Surangel S. Whipps, Jr. President of the Republic of Palau 7View DocumentAugust 5, 2021