Data-center law in Marshall Islands

National Environmental Protection Act 1984, 35 MIRC Ch. 1 (P.L. 1984-31)

Effective 1984-12-09 · Applies to both

Sections 121 through 125 direct the National Environmental Protection Authority to make regulations establishing a permit system under which a permit is required for the discharge of a pollutant into the air, water, or land, or for the operation, construction, expansion, or alteration of an installation that results in such a discharge, and the regulations also govern a permit's issuance, modification, suspension, and revocation, and the posting of a compliance bond or other security.

Sections 133 and 134 require every Ministry, Department, office, and agency of the Government of the Marshall Islands to prepare an environmental impact statement, describing the proposed action's environmental and cultural impact, unavoidable adverse effects, alternatives, and any irreversible commitment of resources, for every recommendation or report on a proposal for legislation or other major governmental action significantly affecting the human environment, and to make the statement available to the public before the decision is finalised.

Section 147 lets the Authority order a person who discharges a pollutant in violation of the Chapter or a permit to clean up the pollutant or abate its effects. Section 157 sets a civil penalty of up to $10,000 for each day a violation continues, and sections 159 through 161 separately make it a misdemeanour to discharge a pollutant in violation of the Chapter or a permit, to falsify a required monitoring system, or to make a false statement in a document required under the Chapter.

Source: Full text of law

Foreign Investment Business License Act 1990, 36 MIRC Ch. 2 (P.L. 1990-99)

Effective 1990-10-03 · Applies to private

Section 203 requires a non-citizen, a term defined to include a corporation, partnership, joint venture, or other entity in which a non-citizen owns an equity interest, to obtain a foreign investment business licence from the Registrar of Foreign Investment before doing business in the Republic, and before acquiring an interest in a business previously owned entirely by citizens.

Section 205 requires an applicant to submit its business's name and principal place of business, the purpose, scope, and objectives of its activities, its proposed corporate form, and anticipated capital contributions, revenue, and expenditure for its first three years of operation.

Section 206 requires the Registrar to deny an application for a sector on the Cabinet-approved Reserved List and to issue a licence otherwise, and section 207 requires the Registrar to maintain a public register of foreign investment.

Section 208 lets the Registrar modify, suspend, or revoke a licence, in accordance with the Marshall Islands Administrative Procedure Act 1979, for false or fraudulent application information, bribery of an official, or a violation of the laws of the Republic or the licence's conditions or scope, though a licence already commenced cannot be revoked solely because its sector was later added to the Reserved List.

Section 211 makes it an offence for a non-citizen to do business without first obtaining a licence, or to do business outside the scope of, or otherwise fail to comply with the conditions of, a licence it holds.

Source: Full text of law