Section 4.    Withdrawals from the General  Fund or other Public Account.

(1)   No moneys shall be withdrawn from the General Fund unless the issue of those moneys:

(a)   has been authorized by the Appropriation Act or a Supplementary Appropriation Act; or
(b)   has been authorized as anticipated or reprogrammed expenditure pursuant to Section 7 of this Article, or as an advance against a Contingencies Fund, pursuant to Section 9 of this Article; or
(c)   is  to  meet  expenditure  specifically charged  on  the  General  Fund  by this Constitution or by Act.

(2)   No moneys shall be withdrawn from the General Fund except with the authority of the Secretary of Finance, who shall satisfy himself that the expenditure of those moneys has been approved pursuant to Section 5 of this Article and that the withdrawal is made in accordance with such other procedures as may be prescribed by law.

(3)   No moneys shall be withdrawn from any other public fund or account unless the issue of those moneys has been authorized by or pursuant to Act.

Section 5.    The Cabinet  to Supervise Expenditure and to Account to the Nitijela.

(1)   No public money shall be expended without the approval of the Cabinet or of a person or body to which such approval authority has been delegated by or pursuant to Act.

(2)   Any such delegation, whether or not to one or more members of the Cabinet, shall not derogate from the Cabinet’s collective responsibility to account to the Nitijela for all public expenditure and to relate such expenditure either to the appropriations made by the Nitijela or to the authority conferred by this Constitution or by Act.

(3)   The Secretary of Finance may make a report to the Cabinet on the immediate and long-term financial implications of any proposal for the expenditure of public money, and he shall make such a report pursuant to a direction of the Cabinet or of the Minister of Finance given either generally or in the particular case.

(4)   The Minister of Finance shall, as soon as practicable after the end of the financial year, lay before the Nitijela at its regular session the accounts relating to all public revenues and expenditure for that financial year.

Section 6.    The Annual Appropriation Bill.

(1)   The Minister of Finance shall, in relation to each financial year, lay before the Nitijela, as soon as practicable after the commencement of its regular session, budget estimates of the revenues and expenditure of the Republic of the Marshall Islands for that financial year.

(2)   The budget estimates shall cover all expected sources of revenue payable into the General Fund, including loans raised or to be raised, and all proposed expenditure from the General Fund including expenditure charged on the General Fund by this Constitution or by any Act, or payable under a continuing appropriation.

(3)   Budget estimates relating to the raising of loans shall be accompanied by an analysis showing the future cost of servicing and repaying the loan.

(4)   Budget estimates of capital expenditure shall be accompanied by an analysis showing the estimated future cost of maintaining the asset created or acquired.

(5)   The program areas categorized in the budget estimates for that financial year (other than items charged on the General Fund by this Constitution or by Act or payable under continuing appropriation) shall be included in a single Bill, to be known as the Appropriation Bill, which shall be introduced into the Nitijela to provide for the issue from the General Fund of the sums necessary to meet the expenditure incurred in those program areas and the appropriation of those sums for the purposes specified in the Bill. [By way of Constitutional Amendment #1, the term “Marshall Islands” as that term is first used herein, was replaced  with the term “Republic  of the Marshall Islands”]

Section 7.    Anticipated and Reprogrammed Expenditure.

(1)   Subject to such restrictions as may be prescribed by Act, the Cabinet may approve the expenditure of such sums as it considers necessary:

(a)   in anticipation of provision to be made in the Appropriation Act for any financial year:

Provided that the total amount issued and paid under this subparagraph in relation to any program area in any financial year shall not exceed the unexpended balance of the amount appropriated for that program area for the preceding financial year, together with an amount equal to 25 percent of the amount so appropriated; and all money so spent shall be included in the budget estimated for that financial year; or

(b)   where, during the period between the passing of the Appropriation Act for any financial year and the end of that financial year, it is desirable that money appropriated in one program area should be spent in another program area:

Provided that the total amount of all sums issued and paid under this subparagraph in any financial year shall not result in an increase or decrease of more than 10 percent in the funds appropriated for any program area.

(2)   A statement of the reprogrammed expenditure for any financial year shall be  included in the accounts for that year laid before the Nitijela.

Section 8.    Supplementary Appropriation Bills.

(1)   If, after the passing of the Appropriation Act in respect of any financial year, the Cabinet finds it necessary or desirable to propose any expenditure over and above that authorized by that Appropriation Act, the Minister of Finance may lay before the Nitijela one or more supplementary estimates of the proposed expenditure and of the unappropriated revenues which are, or will be, available to meet that expenditure; and all requirements relating to budget estimates shall in each case apply.

(2)   The program areas categorized in any such supplementary estimates shall be included in a Supplementary Appropriation Bill, which shall be introduced into the Nitijela to provide for the issue from the General Fund of the sums necessary to meet the supplementary expenditure incurred in those program areas and the appropriation of those sums for the purposes specified in that Supplementary Appropriation Bill.

Section 9.    Contingencies  Fund.

(1)   If so empowered by Act, the Cabinet, on being satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, may authorize advances from the General Fund, to be charged against the amount prescribed as a Contingencies Fund, to meet that need.

(2)   A statement of all advances charged against the Contingencies Fund for any financial year shall be included in the accounts for that year laid before the Nitijela.

(3)   If the amount so advanced has not already been appropriated by a Supplementary Appropriation Act, the budget estimates for the next succeeding financial year shall include provision for such an appropriation.

Section 10.    Lapse of Appropriations.

The appropriations made by the Appropriation Act or any Supplementary Appropriation Act shall lapse at the end of the financial year to which that Act relates, or at the end of such longer period as that Act may have prescribed in relation to a particular program area.

Section 11.    Compensation of Certain Officers Charged on the General Fund.

(1)   The compensation payable to the holders of the offices of judge of the Supreme Court or of the High Court, of a member of the Public Service Commission and of Auditor-General shall be a charge on the General Fund.

(2)   During the term of office of a holder of any such office, his compensation may be increased but not reduced, unless as part of a general reduction of compensation applied proportionately to all persons whose compensation is required to be specifically prescribed by Act.

Section 12.    Public Debt Charged on the General Fund.

All debt charges for which the Republic of the Marshall Islands are liable shall be a charge on the General Fund. [By way of Constitutional Amendment #1, the term “Marshall Islands “ as that term is first used herein, was replaced  with the term “Republic  of the Marshall Islands”.]

Section 13.    The Auditor-General.

(1)   The Speaker shall nominate and, with the approval of the Nitijela, signified by resolution, the President shall appoint an Auditor-General of the Republic of the Marshall Islands.

(2)   The Auditor-General shall hold office during good behavior until he reaches the age of 72 years.

(3)   The Auditor-General may at any time resign his office by writing signed by him, addressed to the Speaker; but he shall not be removed or suspended from office except on the like grounds and in the like manner as a judge of the High Court or of the Supreme Court.

(4)   If the office of Auditor-General is vacant, or it appears that the Auditor-General is for any reason unable to perform the functions of his office, the Speaker shall nominate and the President shall appoint an Acting Auditor-General; and the Acting Auditor-General shall continue to perform those functions until a new Auditor-General is appointed and assumes office, or, as the case may be, until the Auditor-General is again able to perform the functions of his office.

(5)   A person who has held office as Auditor-General shall not be eligible for appointment to any other office in the service of the Republic within a period of 3 years after ceasing to hold the office of Auditor-General. [By way of Constitutional Amendment #1, the term “Marshall Islands” as that term is first used herein, was replaced with the term “Republic of the Marshall Islands”; that Amendment also replaced the term “Marshall Islands”  as it appears subsequently herein, with the term “Republic”]

Section 14.      Compensation of Auditor-General.

The compensation of the Auditor-General shall be specifically prescribed by Act.

Section 15.      Audit of Accounts.

(1)   The Auditor-General shall audit the public funds and accounts of the Republic of the Marshall Islands including those of all Department or offices of the legislative, executive and judicial branches of government and of any other public corporation or other statutory authority constituted under the law of the Republic unless, in relation to any such public corporation or other statutory authority, provision is made by Act for audit by any other person.

(2)   The Auditor-General may exercise his responsibilities under paragraph (1) of this Section either in person or through officers of the Public Service who are subordinate to him, acting in accordance with his general or special instructions.

(3)   For the purpose of carrying out his functions under this Article, the Auditor-General or any person authorized by him shall have full access to all public records, books, vouchers, documents, cash, stamps, securities, stores or other government property in the possession of any officer.

(4)  The Auditor-General shall report at least once annually to the Nitijela, at its regular session, on the performance of his functions under this Article, and shall, in his report, draw attention to any irregularities in the accounts audited by him

(5)   In the exercise of his functions, the Auditor-General shall not receive any direction from the Cabinet or from any other authority or person, but shall act independently.

(6)   Nothing in this Section shall prevent the Auditor-General from offering any technical advice and assistance to any person or authority having a responsibility in relation to the public revenues and expenditure of the Republic. [By way of Constitutional Amendment #1, the term “Marshall Islands” as that term is first used herein, was replaced with the term “Republic of the Marshall Islands”; that Amendment also replaced the term “Marshall Islands”  as it appears subsequently herein, with the term “Republic”]

ARTICLE IX  - LOCAL GOVERNMENT

Section 1.    Right to a System of Local Government.

(1)   The people of every populated atoll or island that is not part of an atoll shall have the right to a system of local government which shall operate in accordance with any applicable law.

(2)   The system of local government shall in each case extend to the sea and the seabed of the internal waters of the atoll or island and to the surrounding sea and seabed to a distance of 5 miles from the baselines from which the territorial sea of that atoll or island is measured.

(3)   The whole of the land and sea areas to which any system of local government extends shall lie within the jurisdiction of a local government; and, where there is more than one local government, the land and sea boundaries of their respective jurisdictions shall be as defined by law.

Section 2.        Power to Make Ordinances.

(1)   A local government may make ordinances for the area in respect of which it has jurisdiction, provided that such ordinances are not inconsistent with any Act, or, to the extent that it has the force of law in the Republic of the Marshall Islands, with any other legislative instrument (other than a municipal ordinance) or any executive instrument.

(2)   Without limiting the generality of the power conferred by paragraph (1) of this Section, an ordinance may provide for the levying of taxes and for the appropriation of funds for local purposes. [By way of Constitutional Amendment #1, the term “Marshall Islands”  as that  term is first used herein,  was replaced  with the term “Republic  of the Marshall Islands”]

ARTICLE X  - TRADITIONAL RIGHTS

Section 1.         Traditional Rights of Land Tenure  Preserved.

(1)   Nothing in Article II shall be construed to invalidate the customary law or any traditional practice concerning land tenure or any related matter in any part of the Republic of the Marshall Islands, including, where applicable, the rights and obligations of the Iroijlaplap, Iroijedrik, Alap and Dri Jerbal.

(2)   Without prejudice to the continued application of the customary law pursuant to Section
1 of Article XIII, and subject to the customary law or to any traditional practice in any part of the Republic, it shall not be lawful or competent for any person having any right in any land in the Republic, under the customary law or any traditional practice to make any alienation or disposition of that land, whether by way of sale, mortgage, lease, license or otherwise, without the approval of the Iroijlaplap, Iroijedrik where necessary, Alap and the Senior Dri Jerbal of such land, who shall be deemed to represent all persons having an interest in that land.

(3)   Nothing in this Constitution shall be construed so as to preclude its application to every place within the traditional boundaries of the archipelago of the Republic. [By way of Constitutional Amendment #1, the term “Marshall Islands”  as that term is first used herein, was replaced  with the term “Republic  of the Marshall Islands”; that Amendment also replaced the term “Marshall Islands” as it appears subsequently herein, with the term “Republic”.  By way of Constitutional Amendment #35. new Paragraph (3) was added.  Amendment #1 exempted from its provisions new Paragraph (3).

Section 2.         Declaration of the Customary Law.

(1)   In the exercise of its legislative functions, it shall be the responsibility of the Nitijela, whenever and to the extent considered appropriate, to declare, by Act, the customary law in the Republic of the Marshall Islands or in any part thereof. The customary law so declared may include any provisions which, in the opinion of the Nitijela, are necessary or desirable to supplement the established rules of customary law or to take account of any traditional practice.

(2)   This Section shall not be construed to authorize the making of any law that would defeat an otherwise valid claim under Article II.

(3)   The Nitijela shall not proceed further than the first reading of any Bill or amendment to a Bill which, in the opinion of the Speaker, makes provision for any declaration pursuant to paragraph (1) of this Section unless a joint committee of the Council of  Iroij and the Nitijela has been afforded a reasonable opportunity to make a report on the matters dealt within that Bill or amendment, and any such report has been published. [By way of Constitutional Amendment #1, the term “Marshall Islands”  as that term is first used herein, was replaced  with the term “Republic  of the Marshall Islands”]

ARTICLE XI - CITIZENSHIP

Section 1.    Persons Becoming Citizens.

(1)   A person who, immediately before the effective date of this Constitution, was a citizen of the Trust Territory shall on that date become a citizen of the Republic of the Marshall Islands, if he or either of his parents has land rights.

(2)   A person born on or after the effective date of this Constitution shall be a citizen of the
Republic if:

(a)   at the date of his birth, either of his parents is a citizen of the Republic: or
(b)   he is born in the Republic and is not at his birth entitled to be or become a citizen of any other country.

(3)   In case of doubt, an application for a declaration that any person is, pursuant to this Section, a citizen of the Republic may be made to and ruled on by the High Court. [By way  of Constitutional amendment #1, the term  “Marshall Islands”  as that  term  is first  used herein,  was replaced  with the term “Republic  of the Marshall Islands”; that  Amendment also replaced the term “Marshall Islands”  as it appears subsequently herein, with the term “Republic”]

Section 2.    Persons Who May Be Registered as Citizens.

(1)   Unless disqualified pursuant to paragraph (3) of this Section, any person who is not a citizen of the Republic of the Marshall Islands shall become a citizen by registration if, upon application, the High Court is satisfied either:

(a)   that he has land rights; or
(b)   that he has been resident in the Republic for not less than 3 years, and is the parent of a child who is a citizen of the Republic; or
(c)   that he is of Marshallese descent, and that in the interests of justice his application should be granted.

(2)   A person who has attained the age of 18 years shall not be registered pursuant to this Section as a citizen of the Republic, until he has taken an oath or made an affirmation of allegiance to the Republic.

(3) In the interests of national security or policy with respect to dual citizenship, the Nitijela may by Act provide for the disqualification of any class of persons who would otherwise be entitled to be registered as citizens pursuant to this Section, but who have not already been so registered. [By way of Constitutional Amendment #1, the term “Marshall Islands” as that term is first used herein, was replaced with the term “Republic  of the Marshall Islands”; that Amendment also replaced the term “Marshall Islands”  as it appears subsequently herein, with the term “Republic”]

Section 3.        Powers of the Nitijela regarding Citizenship.

The Nitijela may make provision by Act:

(a)   for the acquisition of citizenship of the Republic of the Marshall Islands by registration in cases not falling within Section 2 of this Article;
(b)   for the acquisition of citizenship of the Republic by naturalization;
(c)   for depriving of citizenship of the Republic, consistently with Article II, any class of persons who are citizens of the Republic only by reason of provision made by Act pursuant to this Section;
(d)   for depriving of citizenship of the Republic any class of persons who are citizens of the Republic and are or have become citizens of another country otherwise than by marriage:
(e)   for the express renunciation by any person of citizenship of the Republic. [By way of Constitutional Amendment #1, the term  “Marshall Islands”  as that  term  is first used herein,  was replaced  with the term “Republic  of the Marshall Islands”; that Amendment also replaced the term “Marshall Islands”  as it appears subsequently herein, with the term “Republic”]

ARTICLE XII - AMENDMENT  OF THE CONSTITUTION

Section 1.        Power to Amend the Constitution.

Any amendment of this Constitution shall become law only pursuant to this Article.

Section 2.       Classification  of Amendments.

(1)   Any amendment of this Article, or of Articles I, II, or X, or of the principles of apportionment set forth in paragraph (4) of Section 2 of Article IV, or any amendment abolishing or altering in any fundamental respect (such as by altering the composition or method of selection or tenure) of any institution or office of government to which this paragraph applies, shall become law only in compliance with the provisions of Section 4 of this Article.

(2)   Paragraph (1) of this Section shall apply to:

(a)   the Council of Iroij;
(b)   the President;
(c)   the Nitijela;
(d)   the Speaker and the Vice-Speaker; (e) the Cabinet;
(f)   the Supreme Court; (g) the High Court;
(h)   the Traditional Rights Court;
(i)   the Judicial Service Commission;
(j)   the Public Service Commission; (k) the Auditor-General:
(l)   the Chief Secretary;
(m)  the Attorney-General;
(n)   the Secretary of Finance.

(3)   Any amendment not governed by paragraph (1) of this Section may become law pursuant to Section 3 or Section 4 of this Article, and Section 2 of Article IV may also be amended in accord with its provisions.

Section 3.    Amendment by Action of the Nitijela and Referendum.

Amendments of this Constitution made pursuant to this Section shall originate in the Nitijela, and, subject to this Section, shall be considered and disposed of as if they had been proposed by Bill. Any such amendment must first be approved on the second and third readings by at least two-thirds of the total membership of the Nitijela, provided that at least 60 days shall have elapsed between the second and third readings. Thereafter the amendment shall be valid for all intents and purposes as part of this Constitution if duly certified by the Speaker as having been so approved by the Nitijela and also by a majority of the votes validly cast in a referendum of all qualified voters, such referendum to be held as prescribed by Act.

Section 4.    Amendment by Constitutional Convention  and Referendum.

(1)   Amendments of this Constitution made pursuant to this Section shall be valid for all intents and purposes as part of this Constitution if duly certified by the Speaker as having been submitted to the people by a Constitutional Convention and approved by two-thirds of the votes validly cast in a referendum of all qualified voters, such referendum to be held as prescribed by Act pursuant to paragraph (4) of this Section or by the Chief Secretary pursuant to paragraph (l0) of this Section.

(2)   A Constitutional Convention may be convened only pursuant to this Section; shall be composed of members fairly representing all the people of the Republic of the Marshall Islands; shall be specially elected by qualified voters; shall number at least 10 more than the total membership of the Nitijela; shall be organized and shall proceed according to its own internal rules; and shall notify the Speaker of such amendments as it may adopt for submission to a referendum.

(3)   It shall be beyond the authority of a Constitutional Convention to consider or adopt amendments that are unrelated to or inconsistent with the proposals presented to it by the Nitijela or by referendum.

(4)   Upon receiving the Speaker’s certification that notice has been duly received in accord with paragraph (2) of this Section, it shall be the duty of the Nitijela, as soon as practicable, to provide by Act for a referendum among all qualified voters on the amendments submitted by the Constitutional Convention.

(5)   The Nitijela may at any time provide by Act, stating the proposed amendments to be considered, for the holding of a Constitutional Convention, provided that such Act is approved at both the second and the third readings by two-thirds of the total membership of the Nitijela.

(6)   The Nitijela may at any time provide by Act, stating the proposed amendments to be considered, for the holding of a referendum among all qualified voters on the question of calling a
Constitutional Convention to consider such proposed amendments.

(7)   Upon receiving a petition signed by not less than 25 percent of all qualified voters calling for a referendum on the question of holding a Constitutional Convention to consider the amendments proposed in the petition, the Speaker shall certify to the Nitijela that such petition has been received.

(8)   It shall be the duty of the Nitijela, as soon as practicable after receiving the Speaker’s certification under paragraph (7) of this Section, to provide by Act for a referendum among all qualified voters on the question of holding a Constitutional Convention to consider the amendments
proposed in the petition.

(9)   Upon the approval of a majority of the votes validly cast in a referendum held pursuant to paragraphs (6) or (8) of this Section, as duly certified by the Speaker, it shall be the duty of the Nitijela to provide by Act for the convening of a Constitutional Convention in accord with paragraph (2) of this Section as soon as practicable.

(10)   If the Nitijela fails to provide for the holding of a referendum or Constitutional Convention within 60 days after the Speaker’s certificate calling for the same is duly given, the Chief Secretary shall, by writing signed by him and countersigned by the Attorney-General, make provision for the holding of such referendum or Constitutional Convention as soon as practicable.

(11)   The expenses of holding a referendum or a Constitutional Convention in accordance with provision made by the Chief Secretary pursuant to paragraph (10) of this Section shall be a charge on the General Fund:

Provided that the amount payable pursuant to this paragraph shall not, in the case of a referendum, exceed the amount expended in conducting the voting at the last preceding general election, and, in the case of a Constitutional Convention, exceed 2 percent of the total amount of money appropriated by the Nitijela in the last preceding financial year.

Section 5.    Certification by the Speaker.

Whenever a certificate of the Speaker is required by this Article as a precondition of the validity of an amendment, the Speaker shall give such a certificate upon being satisfied that the amendment has been approved in compliance with the requirements of this Constitution, and with any applicable law.

Section 6.    Duty to Report.

It shall be the duty of the Nitijela to make provision, at least once every ten years, for a report on the advisability of amending this Constitution, or of calling, or holding a referendum on the question of calling, a Constitutional Convention for the purpose of proposing amendments to this Constitution, and to publish that report.