Alexandrium Regulation and Strategic Reserve Act, 1729
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Long title | An Act to establish a legal framework for the extraction, processing, use, exportation, and preservation of Alexandrium, to provide for penalties for violations, to create a national strategic reserve, and to establish a taxation system for funding these initiatives; among other purposes. |
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Introduced by | Deputy Felipe de la Vega (FHP) |
Session of Cortes Federales | 7th Cortes Federales |
Extent | Entire Federation of Nouvelle Alexandrie |
Dates | |
Bill Status | Introduced |
Date introduced | 1729 AN |
Last updated | 1729 AN |
Background
Key Provisions
Legislative History
Bill as submitted to the "Hopper" of the Federal Assembly, 1729 AN
THE ALEXANDRIUM REGULATION AND STRATEGIC RESERVE ACT, 1729
THE READING OF
A
BILL
TO
Establish regulations for the extraction, processing, and use of Alexandrium, to regulate its export, to establish penalties for violations, to create a national strategic reserve of Alexandrium, and to introduce a tax on Alexandrium, among other purposes.
THE ALEXANDRIUM REGULATION AND STRATEGIC RESERVE ACT, 1729
Presented by Deputy Felipe de la Vega, FHP
Ordered, by the Cortes Federales of Nouvelle Alexandrie,
to be Printed, 1729 AN.
BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Cortes Federales, in this present session assembled, and by the authority of the same, as follows:-
PART I
GENERAL PROVISIONS.Article 1: Citation.
- This Act may be cited as the "Alexandrium Regulation and Strategic Reserve Act, 1729".
Article 2: Definitions.
- For the purposes of this Act:
- "Alexandrium" refers to the novel element recently discovered[1] within the territory of Nouvelle Alexandrie and any compounds or derivatives thereof;
- "Extraction" refers to the removal or mining of Alexandrium from its natural location;
- "Processing" refers to any action that alters the physical or chemical properties of Alexandrium;
- "Use" refers to any application of Alexandrium in various industries or for research;
- "Exportation" refers to the selling and transporting of Alexandrium outside the jurisdiction of Nouvelle Alexandrie;
- "Strategic reserve" refers to the national stockpile of Alexandrium maintained by the government of Nouvelle Alexandrie.
PART II
NATIONALISATION OF ALEXANDRIUM RESOURCES.3. ALEXANDRIUM DEPOSITS NATIONALIZED.
- Alexandrium deposits, regardless of the state in which they are found or the form in which they are presented, are the direct, inalienable, and imprescriptible domain of the Federation of Nouvelle Alexandrie. No concession or contract may confer ownership of Alexandrium deposits.
- The right to explore and exploit Alexandrium fields, and market their products is exercised by the Federation through the Alexandrium Regulatory and Development Authority (hereinafter referred to as the “ARDA”). This public authority, for the exploration, exploitation, and commercialization of Alexandrium, shall be allowed into joint ventures with individuals or groups, national or foreign, according to the provisions of this Act and the laws.
- The transportation of Alexandrium and the distribution of Alexandrium-based products will be subject to administrative concessions, for a limited time, in favor of individuals or groups, national or foreign, made by and through the Department of Interior, in cooperation and close coordination with the Department of Energy and Environment and the Department of Research and Development.
- The processing and industrialization of Alexandrium will be carried out in accordance with the provisions of the laws.
- The ARDA, on behalf of the Federation, may enter into joint ventures with individual or collective foreign, public or private entities, for the exploration, exploitation, and commercialization of Alexandrium, maintaining in all cases the ownership of the proprietary right over the real estate that, for purposes of the Alexandrium industry, are built within that area and will exercise possession of them even through third parties.
- The Federation nor the ARDA shall not assume any obligation of financing or liability to third parties with respect to risk-sharing agreements.
- The Alexandrium activities subject to this Act will be executed using modern techniques and procedures for the exploitation of the deposits, under the supervision of the ARDA, in order to establish production levels in accordance with efficient and rational practices for the recovery of Alexandrium reserves and the conservation of fields, not being able to proceed to the waste or mishandling of Alexandrium, without the prior express approval of the Secretary of Energy and Environment and the supervision by the ARDA.
PART III
BASIC REGULATION FRAMEWORK FOR ALEXANDRIUM.4. ESTABLISHMENT OF THE ALEXANDRIUM REGULATORY AND DEVELOPMENT AUTHORITY (ARDA).
- The Alexandrium Regulatory and Development Authority (ARDA) is hereby established as the principal regulatory body for the Alexandrium industry within the jurisdiction of Nouvelle Alexandrie.
- ARDA shall be led by an Executive Director, appointed by H.M. the King, on advice of the President of the Government of Nouvelle Alexandrie, subject to confirmation by the Federal Assembly. The Executive Director will serve a term of five (5) AN years and may be reappointed.
- The ARDA shall report annually to the Cortes Federales of Nouvelle Alexandrie and the Council of State of Nouvelle Alexandrie on its activities, the state of the Alexandrium industry, and any recommendations for legislative or regulatory changes.
- The Board of Directors of ARDA will consist of nine (9) members:
- the Executive Director of ARDA;
- two representatives from the Department of Interior;
- one representative from the Department of Energy and Environment;
- one representative from the Department of Research and Development;
- two representatives from the Secretary of Defense;
- two members appointed by H.M. the King, on advice of the President of the Government of Nouvelle Alexandrie, from among stakeholders in the Alexandrium industry, such as academia, private sector, and civil society organizations, each serving staggered terms of five (5) AN years.
- The Board of Directors shall meet quarterly or more frequently as necessary, and is responsible for setting the strategic direction of ARDA, approving regulations, reviewing licensing applications, and ensuring the overall accountability of the Authority.
- The ARDA shall establish several departments within its organizational structure to handle specific areas of responsibility, including but not limited to:
- Licensing;
- Compliance;
- Environmental Oversight;
- Research Coordination;
- Strategic Reserve Management.
- ARDA shall be funded by the federal government through annual appropriations, fees collected from licensing and other regulatory activities, and a portion of the Alexandrium Tax revenues as provided in this Act.
- ARDA shall have the authority to employ officers, agents, and other personnel necessary to perform its functions, and may establish advisory committees as needed to provide expert advice on technical, scientific, and policy matters.
- The ARDA shall have enforcement powers to impose penalties for non-compliance, including fines, revocation of licenses, and referral of serious offenses to federal prosecutors.
- In exercising its functions, ARDA shall adhere to principles of transparency, public participation, and evidence-based decision-making, and shall ensure that its activities contribute to the sustainable development of the Alexandrium industry and the broader economic and environmental goals of Nouvelle Alexandrie.
5. DEPARTMENT OF INTERIOR RESPONSIBILITIES.
- The Department of Interior shall be responsible for the issuance of permits for Alexandrium extraction and processing operations, ensuring compliance with the ARDA regulations and the provisions of this Act.
- The Department of Interior shall collaborate with the Department of Energy and Environment to integrate environmental protection measures in all Alexandrium-related activities.
- The Department of Interior shall establish a compliance unit to monitor the activities of licensees and enforce adherence to safety and operational standards.
6. DEPARTMENT OF ENERGY AND ENVIRONMENT OVERSIGHT.
- The Department of Energy and Environment shall oversee all Alexandrium-related activities to ensure they do not adversely affect the environment, and that sustainable practices are employed in the extraction and processing of Alexandrium.
- The Department of Energy and Environment shall provide assistance in the permitting process by conducting environmental impact assessments and recommending mitigation strategies.
- The Department of Energy and Environment shall work closely with ARDA to develop guidelines for the safe disposal and management of Alexandrium waste products.
7. DEPARTMENT OF RESEARCH AND DEVELOPMENT INITIATIVES.
- The Department of Research and Development shall spearhead research initiatives to explore innovative uses of Alexandrium and improve extraction and processing technologies.
- The Department of Research and Development shall establish partnerships with academic and research institutions to foster advancements in Alexandrium science and engineering.
- The Department of Research and Development shall allocate grants and funding for Alexandrium research projects, with a focus on advancements in Alexandrium science and engineering, sustainability, and minimizing environmental impact.
PART IV
STRATEGIC RESERVES OF ALEXANDRIUM.8. ESTABLISHMENT OF STRATEGIC ALEXANDRIUM RESERVE.
- The Secretary of Interior is authorized to create a Strategic Alexandrium Reserve (hereinafter called “the Reserve”) for:
- the storage of significant quantities of Alexandrium, not to exceed the capacity necessary to sustain the Federation's energy needs for a period of up to six months;
- the storage of Alexandrium-derived products and other government-designated energy sources as determined by the Secretary of Interior or the Council of State;
- the adequate physical facilities and infrastructure for the maintenance and secure transport of the same.
- The Secretary of Interior shall, subject to the review and oversight of the President of the Government of Nouvelle Alexandrie and the Council of State, exercise authority over the development, operation, and maintenance of the Reserve.
- The physical security of the facilities for the Reserve shall be the responsibility of the Secretary of Defense, in coordination with the Secretary of Interior.
- Drawdown and sale of Alexandrium from the Reserve may not be made unless the President of the Government and the Council of State have, by written instrument, determined that drawdown and sale are required due to a severe Alexandrium supply interruption.
- Whosoever shall violate this provision shall, after conviction by the court, suffer a fine equivalent to double the market price of the drawn-down Alexandrium or Alexandrium-derived products, as applicable, payable to the Strategic Alexandrium Reserve Fund, and imprisonment for a term commensurate with the severity of the offense, at the discretion of the court.
- Drawdown of Alexandrium from the Strategic Alexandrium Reserve for the use of the Federal Forces of Nouvelle Alexandrie may be made on the authority of the President of the Government, on the recommendation of the Secretary of Defense, if a severe Alexandrium supply interruption is deemed to exist by the President of the Government.
9. RESERVE REPLENISHMENT.
- Monies accruing to the Strategic Alexandrium Reserve Fund from the drawdown and sale of Alexandrium from the Reserve shall be used to purchase replenishment Alexandrium at a market price beneficial to the Government of Nouvelle Alexandrie as directed by the President of the Government, Secretary of Defense, or the Secretary of Interior.
10. STRATEGIC ALEXANDRIUM RESERVE FUND.
- There is hereby created within the Federal Bank of Nouvelle Alexandrie a fund to be known as the Strategic Alexandrium Reserve Fund, into which all monies from sales of Alexandrium from the Reserve shall accrue, as well as all fines or forfeitures collected in accordance with this Act.
11. EXEMPTIONS FROM TAXES.
- The production and industrialization of Alexandrium-derived products shall be promoted through tax incentives and other measures as determined by the Department of Treasury to encourage innovation and sustainable practices within the Alexandrium industry.
- The Department of Treasury may provide financial support to enterprises engaged in the Alexandrium industry that demonstrate a commitment to environmental sustainability and technological advancement.
12. NOTICE TO THE CORTES FEDERALES, DELEGATED AUTHORITIES.
- Drawdown and sale of Alexandrium in accordance with this Act shall be reported to the Cortes Federales of Nouvelle Alexandrie no later than the next session day after the drawdown order is signed by the President of the Government.
- The President of the Government, and the Secretary of Interior are granted authority to issue Departmental Orders to ensure the proper implementation of this Act.
- The Secretary of Interior is authorized to delegate tasks or authority vested in his office by this Act, through Departmental Orders, to a subordinate office or officer within the Department of Interior.
PART V
ALEXANDRIUM LEVY.13. ALEXANDRIUM LEVIES.
- Pursuant to the objectives of ensuring sustainable development and leveraging the economic potential of Alexandrium, a levy of fifty (€50) écu per gram is hereby imposed on all forms of Alexandrium and its derivatives. This includes raw Alexandrium, processed Alexandrium compounds, and any products incorporating Alexandrium, whether these are sourced, processed, produced, or imported within the territorial jurisdiction of the Federation of Nouvelle Alexandrie. The levy structure is designed to:
- Allocate twenty (€20) écu from each gram levied directly into the Alexandrium Strategic Reserve Fund. This fund is earmarked specifically for the purposes of augmenting the national strategic reserves of Alexandrium, financing ongoing and future research initiatives aimed at exploring new applications of Alexandrium, and supporting the development of technologies and methodologies related to Alexandrium extraction and processing.
- Direct fifteen (€15) écu from each gram levied to the operational fund of the Alexandrium Regulatory and Development Authority (ARDA). These funds are designated for use in regulatory activities, including the oversight of the Alexandrium industry, ensuring compliance with established safety and environmental standards, and the issuance and administration of licenses and permits related to Alexandrium activities.
- Allocate eight (€8) écu from each gram levied into the Federal Sovereign Wealth Fund. This contribution is intended to bolster the financial resources available for the economic stability and growth strategies of Nouvelle Alexandrie.
- Allocate five (€5) écu from each gram levied into Alexandrium-related research and development projects, prioritizing those with the potential to enhance the defense capabilities of the Federation.
- Allocate two (€2) écu from each gram levied into the general budget of the government of Nouvelle Alexandrie; and ensuring that one (€1) écu from each gram from this allocation is transferred to the general funds of the regional governments as provided by law.
- Any individual, entity, or corporate body found in breach of this levy obligation, either through failure to remit the required amount or through any form of tax evasion or circumvention, shall be deemed to have committed a punishable offense. Upon due process and conviction in a court of law, the offending party shall be liable to a financial penalty amounting to three times (3x) the current market value of the Alexandrium or Alexandrium-derived products that were subject to the levy evasion. This fine shall be remitted in full to the Alexandrium Strategic Reserve Fund as restitution for the evasion of levies.
- Furthermore, convicted parties shall face imprisonment for a duration ranging from a minimum of one (1) year to a maximum of five (5) years, depending on the severity of the offense and at the discretion of the presiding judge.
- The Secretary of Interior, acting in coordination with the leadership of the Alexandrium Regulatory and Development Authority and the Department of Treasury, shall undertake a comprehensive review of the levy rate every two (2) years.
- This review will consider prevailing market conditions, the pace of industry growth, technological advancements in the field of Alexandrium applications, and the evolving strategic needs of Nouvelle Alexandrie.
- The purpose of this biennial review is to ensure that the levy structure remains aligned with the dual objectives of fostering a vibrant and competitive Alexandrium industry while securing the financial and strategic interests of the Federation.
- Amendments to the levy rate or structure, as necessitated by the findings of the biennial review, shall be implemented through the issuance of regulatory directives, subject to the approval of the Cortes Federales of Nouvelle Alexandrie as provided by law.
PART VI
SECURITY AND DEFENSE MEASURES FOR ALEXANDRIUM.14. SECURITY MEASURES AGAINST SMUGGLING AND TERRORISM.
- To ensure the security of Alexandrium deposits and prevent illicit activities such as smuggling, terrorism, and unauthorized exploitation, the following measures are hereby instituted:
- The establishment of a comprehensive surveillance and monitoring system around Alexandrium deposit areas, incorporating the latest in surveillance technology, including satellite imagery, drones, and motion sensors, to provide real-time data and alerts on unauthorized activities.
- The deployment of specialized security forces, under the oversight of the Secretary of Defense, trained in the protection of critical national resources, to guard against and respond to threats targeting Alexandrium deposits.
- The implementation of stringent access controls and verification processes for all personnel entering and exiting Alexandrium extraction and processing sites, to prevent unauthorized access and deter potential threats.
- The Alexandrium Regulatory and Development Authority (ARDA), in coordination with the Secretary of Defense and the Secretary of Interior, shall develop emergency response plans and conduct regular drills to prepare for and effectively manage potential security incidents.
15. FUNDING FOR DEFENSE-RELATED ALEXANDRIUM RESEARCH AND APPLICATIONS.
- Recognizing the strategic importance of Alexandrium for national defense and security, funds shall be allocated for research into defense-related applications of Alexandrium, including but not limited to energy generation, shielding materials, and advanced weaponry systems. Such research shall be conducted under the guidance of the Department of Defense in collaboration with the Department of Research and Development.
- A portion of the revenue generated from the Alexandrium levy, as specified in Part V of this Act, shall be earmarked for financing these defense-related research projects, ensuring that Nouvelle Alexandrie remains at the forefront of technological advancements in Alexandrium applications for national security.
- The Secretary of Defense, in consultation with ARDA and the Department of Research and Development, shall establish criteria for the selection of research projects, prioritizing those with the potential to enhance the defense capabilities of Nouvelle Alexandrie.
- The results of such research, while safeguarding national security interests, shall be shared with relevant stakeholders within the government to inform policy-making and strategic planning related to Alexandrium and national defense.
16. LEGISLATIVE OVERSIGHT AND ANNUAL REPORTING.
- The Alexandrium Regulatory and Development Authority (ARDA) is mandated to provide an annual report to the Cortes Federales of Nouvelle Alexandrie on the security measures implemented, the progress of defense-related Alexandrium research, and any significant threats or incidents related to Alexandrium deposits.
- This report shall also include a financial statement detailing the allocation and utilization of funds designated for security measures and defense-related research, ensuring accountability and transparency in the management of these critical resources.
17. INTER-AGENCY COORDINATION AND INFORMATION SHARING.
- To maximize the effectiveness of security measures and defense-related research initiatives, an inter-agency coordination mechanism shall be established, involving ARDA, the Secretary of Defense, the Secretary of Interior, the Department of Research and Development, and other relevant government entities.
- This mechanism shall facilitate the sharing of intelligence, research findings, and best practices related to the security and utilization of Alexandrium.
PART VII
CLOSING PROVISIONS.18. COMMENCEMENT AND APPLICATION.
- This Bill shall apply to all of the Federation of Nouvelle Alexandrie.
- This Bill shall not become law unless it has been given Royal Assent.
- This Bill shall be published and made publicly available.
- In the event any provision or part of this Bill is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Bill, will be inoperative.