Northern Mariana Islands
CNMI Open Government Act
1 CMC §§ 9901-9915
Transparency Score: 82/100
Response Timeline
10 working days for initial response. Agencies may extend for one additional period of 10 working days if the agency notifies the requester of the need for additional time and provides the reasons for the extension. The extension must be communicated within the initial 10-day period. Total maximum response time is 20 working days.
No residency requirement. Any person may submit a request for government records under the Open Government Act.
How to Submit a Request
Accepted Methods
Requests should reasonably describe the records sought. Agencies route requests to their director and legal counsel for review and approval. No specific statutory form is required. The CNMI Archives is required by law to receive minutes of meetings from all Commonwealth entities subject to the Open Government Act.
Required Elements
- Requester name and contact information
- Reasonably specific description of records sought
- Preferred method of delivery
Optional Elements
- Preferred format (paper or electronic)
- Purpose of request (not required by statute)
Fees
The Open Government Act permits agencies to charge reasonable fees for both search time and duplication. Unlike some jurisdictions that only charge for copying, CNMI allows search fees. Specific fee amounts are not set by statute. Fees must be reasonable and should not effectively deny access.
Fee Waivers
- On-premises inspection may be available without duplication charges
- Agencies may waive or reduce fees at their discretion
No statutory fee waiver categories. Any waivers are at agency discretion.
Exemptions
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Information relating to national security or defense of the United States or the Commonwealth
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Personnel and medical files where disclosure would constitute a clearly unwarranted invasion of personal privacy
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Investigatory records compiled for law enforcement purposes where disclosure would interfere with enforcement proceedings or deprive a person of a fair trial
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Trade secrets and confidential commercial or financial information obtained from third parties
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Deliberative process materials - inter-agency or intra-agency memoranda or letters that are part of the decision-making process
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Records protected by attorney-client privilege or attorney work product doctrine
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Records specifically exempted from disclosure by other Commonwealth statutes
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Records relating to the regulation of financial institutions
The exemption structure closely mirrors the US federal FOIA exemptions. Agencies must specify the legal basis for denial. Reasonably segregable non-exempt portions of records must be disclosed even if the record as a whole contains exempt material.
Appeal Process
1
File a civil action in the Commonwealth Superior Court of the CNMI. The court reviews the denial de novo and may conduct in camera inspection of withheld records.
The primary enforcement mechanism is a civil action in the Commonwealth Superior Court. There is no mandatory administrative appeal process. The court reviews denials de novo, meaning it makes an independent determination rather than deferring to the agency's judgment. The court may conduct in camera inspection of disputed records.
Request Templates
DCRM Open Government Act Request Guide →
CNMI Division of Coastal Resources Management
CNMI Commonwealth Code (Official Statutes) →
CNMI Law Revision Commission
NFOIC Sample Request Letters →
National Freedom of Information Coalition
Records Retention
1 CMC Section 9914 (Open Government Act, archives provisions)
No formal comprehensive records retention schedule framework was identified. CNMI Archives at Northern Marianas College is mandated by Commonwealth law to maintain government archives and publications, but a systematic records retention program with published schedules does not appear to exist publicly.