Overview:
President Surangel S. Whipps Jr. has issued Executive Order No. 497, creating a formal review process for managing Palau’s Undesirable Aliens List. The new order aims to strengthen transparency and accountability as the list grows to over 500 names, including individuals with criminal convictions and links to overseas offenses.
By: L.N. Reklai
Koror, Palau — President Surangel S. Whipps Jr. has issued Executive Order No. 497, establishing a formal review and recommendation process to govern the inclusion and removal of individuals from Palau’s Undesirable Aliens List — a move aimed at ensuring greater transparency and fairness in a system that has recently come under scrutiny for its growing size and opaque decision-making.
The new directive, signed this week, outlines a structured process that requires coordination between multiple government entities, including the Ministry of Justice, the Bureau of Immigration, and the Office of the President. According to the order, a newly formed Review Committee will evaluate each case before the Ministry of Justice makes a final decision on whether an individual should be listed or removed.
“The purpose of this Executive Order is to improve due diligence, accountability, and legitimacy in how we determine who is deemed undesirable in Palau,” the order states. It emphasizes that the list should be managed through consistent, evidence-based criteria rather than discretionary or unilateral decisions.
The move comes amid public concern over the steady expansion of the list, which now includes 533 individuals, according to reports from the National Security Coordinating Office (NSCO). Grounds for inclusion range from criminal convictions and threats to public order to offenses committed overseas or acts hostile to the United States, given Palau’s close security partnership with Washington. One high-profile case involved Chinese nationals who the United States Treasury has sanctioned, whose inclusion drew attention to how such designations are determined and monitored.
While officials argue that the list protects Palau’s borders and public welfare, critics have raised questions about the lack of transparency and the absence of clear mechanisms for appeal or verification. “It’s crucial for Palau to safeguard its national security, but this must be balanced with fairness and due process,” one legal observer said. “People have a right to know how their names end up on this list and what steps they can take to contest it.”
Under EO 497, the Review Committee will serve as a safeguard to ensure that cases are reviewed systematically, with all relevant evidence presented before any name is added or removed. The Bureau of Immigration will handle administrative documentation, while the Ministry of Justice will act as the final approving authority. The Office of the President retains oversight powers and may intervene in exceptional cases involving broader national interests.
The Executive Order also mandates interagency cooperation, requiring all relevant ministries and offices to share intelligence, documentation, and recommendations to avoid arbitrary decisions. It reflects a growing recognition that Palau’s immigration and security processes must evolve alongside increasing foreign movement and investment in the country.
The government has defended the expansion of the list as a necessary response to emerging threats. In recent months, it has cited cases of individuals with overseas criminal records or those accused of activities deemed hostile to U.S. or Palauan interests — factors that can trigger inclusion under existing national security guidelines.
Still, community advocates are urging for greater transparency, including public disclosure of review criteria and the establishment of a clear appeals process. “The list should not just be a blacklist; it should be a mechanism of justice,” one local legal advocate commented. “People’s livelihoods and reputations are at stake.”
With the implementation of EO 497, Palau is taking a step toward addressing these concerns by formalizing oversight, enhancing accountability, and ensuring that inclusion on the Undesirable Aliens List follows a documented and reviewable process.
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