The provisions of this Act shall extend and apply throughout all of the territory of the Federated States of Micronesia, including the land and waters and the airspace above such land and waters with respect to which the Federated States of Micronesia has legislative jurisdiction. This Act shall apply in relation to mutual assistance in criminal matters between the Federated States of Micronesia and any foreign state, subject to any condition, variation or modification in any existing or future agreement with that state, whether in relation to a particular case or more generally.
Source: PL 11-71 § 5.
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/.
Unless the subject or context otherwise requires, in this Act:
(1) “Appeal” includes proceedings by way of discharging or setting aside a judgment, and an application for a new trial or for a stay of execution.
(2) “Data” means representations, in any form, of information or concepts.
(3) “Document” means any record of information and any material on which data is recorded or marked and which is capable of being read or understood by a person, computer system or other device, and includes, but is not limited to:
(a) anything on which there is writing;
(b) anything on which there are marks, figures, symbols, or perforations having meaning for persons qualified to interpret them;
(c) anything from which sounds, images or writings can be produced, with or without the aid of anything else; or
(d) a map, plan, drawing, photograph or similar thing.
(4) “Foreign confiscation order” means an order, made by a court in a foreign state, for the purposes of the confiscation or forfeiture of property in connection with, or recovery of the proceeds of, a serious offense.
(5) “Foreign restraining order” means an order made in respect of a serious offense by a court in a foreign state for the purpose of restraining a particular person or all persons from dealing with property.
(6) “Foreign state” means:
(a) any country other than the Federated States of Micronesia; and
(b) every constituent part of such country, including a territory, dependency or protectorate, or political subdivision which administers its own laws relating to international cooperation.
(7) “Interest”, in relation to property, means a:
(a) legal or equitable estate or interest in the property; or
(b) right, power or privilege in connection with the property, whether present or future and whether vested or contingent.
(8) “Person” means any natural or legal person.
(9) “Place” includes any land (whether vacant, enclosed or built upon, or not) and any premises.
(10) “Premises” includes the whole or any part of a structure, building, aircraft, or vessel.
(11) “Proceedings” means any proceeding conducted by or under the supervision of a judge, magistrate or judicial officer, however described, in relation to any alleged or proven offense, or property derived from such offense, and includes an inquiry, investigation, or preliminary or final determination of facts.
(12) “Proceeds of crime” means fruits of a crime, or any property derived or realized directly or indirectly from a serious offense and includes, on a proportional basis, property into which any property derived or realized directly from the offense was later successively converted, transformed or intermingled, as well as income, capital or other economic gains derived or realized from such property at any time since the offense.
(13) “Property” means real or personal property of every description, whether situated in the Federated States of Micronesia or elsewhere and whether tangible or intangible, and includes an interest in any such real or personal property.
(14) “Secretary” means the Secretary of the Department of Justice of the Federated States of Micronesia or the chief law enforcement officer of the Federated States of Micronesia, whatever the title of such position is or in the future may become.
(15) “Serious offense” means a violation of:
(a) any law of the Federated States of Micronesia or any of its States or political subdivisions, which is a criminal offense punishable by imprisonment for a term of more than one year; or
(b) a law of a foreign state, in relation to acts or omissions, which, had they occurred in the Federated States of Micronesia or any of its States or political subdivisions, would have constituted a criminal offense punishable by imprisonment for a term of more than one year.
(16) “Supreme Court” means the Supreme Court of the Federated States of Micronesia, and all its divisions, wherever or whenever constituted.
(17) A reference in this Act to the law of the Federated States of Micronesia, any State of the Federated States of Micronesia, or any foreign state includes a reference to a written or unwritten law of, or in force in, any part of the Federated States of Micronesia (including its States and political subdivisions), any part of that State of the Federated States of Micronesia, or any part of that foreign state, as the case may be.