FSMC, TITLE 55.  GOVERNMENT FINANCE AND CONTRACTS

CHAPTER 11
Trust Territory Financial Management

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SUBCHAPTER I
General Provisions

SECTIONS

§ 1111. Expenditures in excess of amount available.
§ 1112. Documentary evidence of Trust Territory obligations.
§ 1113. Time limitation on availability of appropriations or funds.

§ 1111. Expenditures in excess of amount available.

(1) No officer or employee of the Trust Territory shall make or authorize an expenditure from or create or authorize an obligation under any appropriation, apportionment, reapportionment, or allotment of funds of the United States Congress or the Congress of Micronesia in excess of the amount available therefrom; nor shall any such officer or employee involve the Trust Territory Government in any contract or other obligation, for the payment of money for any purpose, in advance of appropriations made for such purpose.

(2) In case of a violation of subsection (1) of this section, the director of the Department of Finance shall immediately report to the High Commissioner and the Congress all pertinent facts together with a statement of the action taken thereon.

(3) Any officer or employee of the Trust Territory who shall knowingly and willfully violate subsections (1) or (2) of this section shall upon conviction be fined not more than $1,000, or imprisoned for not more than one year, or both.

Source: COM PL 6-108 §§ 1-3; TT Code 1980, 77 TTC 404.

§ 1112. Documentary evidence of Trust Territory obligations.

No amount shall be recorded as an obligation of the Trust Territory unless it is supported by documentary evidence of:

(1) a binding agreement in writing between the parties thereto, including Government agencies, in a manner and form and for a purpose authorized by United States or Trust Territory law, executed before the expiration of the period of availability for obligation of the appropriation or fund concerned for specific goods to be delivered, real property to be purchased or leased, or work or services performed; or

(2) a valid loan agreement, showing the amount of the loan to be made and the terms of repayment thereof; or

(3) an order required by United States or Trust Territory law to be placed with an agency; or

(4) an order issued pursuant to a United States or Trust Territory law authorizing purchases without advertising when necessitated by public exigency or for perishable subsistence supplies or within specific monetary limitations; or

(5) a grant or subsidy payable:

(a) from appropriations made for payment of, or contributions toward, sums required to be paid in specific amounts fixed by United States or Trust Territory law, or in accordance with formulae prescribed by United States or Trust Territory law; or

(b) pursuant to an agreement authorized by, or plans approved in accordance with and authorized by, United States or Trust Territory law; or

(6) a liability which may result from pending litigation brought under authority of United States or Trust Territory law; or

(7) employment or services or expenses of travel in accordance with United States or Trust Territory law, and services performed by public utilities; or

(8) any other legal liability of the Trust Territory against an appropriation or fund legally available therefor.

Source: COM PL 6-111 § 1; TT Code 1980, 77 TTC 406.

§ 1113. Time limitation on availability of appropriations or funds.

No appropriation or fund which is limited for obligation purposes to a definite period of time shall be available for expenditure after the expiration of such period except for the liquidation of amounts obligated in accordance with section 1112 of this chapter; but no such appropriation shall remain available for expenditure for any period beyond that authorized by United States or Trust Territory law.

Source: COM PL 6-111 § 2; TT Code 1980, 77 TTC 406.