§ 1717. Privilege for foreign documents.
§ 1718. Restriction on use of evidence and materials obtained by mutual assistance.
§ 1719. Confiscated proceeds of drug crime to be deposited in the General Fund of FSM or in a Fund for Drug Abuse Prevention and Control.
(1) Subject to subsection (2) of this section, a document sent to the Secretary by a foreign state, in accordance with a Federated States of Micronesia request pursuant to this act, is privileged and no person shall disclose to anyone the document, or its purport, or the contents of the document or any part thereof, before the document, in compliance with the conditions on which it was so sent, is made public or disclosed in the course of and for the purpose of any proceeding.
(2) No person in possession of a document referred to in subsection (1) of this section, or a copy thereof, or who has knowledge of any information contained in the document, shall be required, in connection with any legal proceeding, to produce the document or copy, or to give evidence relating to any information that is contained therein.
(3) Except to the extent required under this act to execute a request by a foreign state for mutual assistance in criminal matters, no person shall disclose:
(a) the fact that the request has been received; or
(b) the contents of the request.
(4) Violation of subsection (3) of this section is a felony offense, punishable by imprisonment for a maximum of five years or a maximum fine of $50,000, or both; PROVIDED, however, in the case of a corporation, company, commercial enterprise, commercial entity or other legal person, the maximum fine shall be increased to $250,000.
No information, document, article or other thing obtained from a foreign state, pursuant to a request made under this act, shall be used in any investigation or proceeding other than the investigation or proceeding disclosed in the request, unless the Secretary consents after consulting with the foreign state.
To the extent available under any sharing of confiscated property arrangement referred to in section 1716 of this chapter, or otherwise, any proceeds of drug related crime which have been:
(1) confiscated in a foreign state pursuant to a request by the Federated States of Micronesia under section 1707(4) of this chapter; or
(2) confiscated in the Federated States of Micronesia pursuant to a request by a foreign state under section 1714(1) of this chapter; shall be deposited in the General Fund of the Federated States of Micronesia until such time as a Fund for Drug Abuse Prevention and Control is established by law.
Source: PL 11-71 § 23; PL 11-83 § 6.
Cross-reference: The statutory provisions on the President and the Executive are found in title 2 of this code. The statutory provisions on the Congress of the Federated States of Micronesia are found in title 3 of this code. The statutory provisions on the FSM Supreme Court and the Judiciary are found in title 4 of this code.
The website of the FSM National Government contains announcements, press releases, news, forms, and other information on the National Government at http://fsmgov.org.
The FSM Supreme Court website contains court decisions, rules, calendar, and other information of the court, the Constitution, the code of the Federated States of Micronesia, and other legal resource information at http://www.fsmsupremecourt.org/.
The official website of the Congress of the Federated States of Micronesia contains the public laws enacted by the Congress, sessions, committee hearings, rules, and other Congressional information at http://www.fsmcongress.fm/.