Pago Pago, AMERICAN SAMOA — As of Monday, June 26 the Attorney General’s office was still waiting for the full report into the documentation from the Department of Port Administration and the Department of Homeland Security generated for the departure of the American Samoa pleasure vessel Kite Runner to the independent state of Samoa.

Deputy Attorney General (DAG) Roy J.D. Hall, Jr had set June 23, 2023 as the deadline for a report on the issue and this was confirmed in email correspondence obtained by Samoa News sent out by Mr. Hall to the directors of the two departments on June 16, 2023.

The inquiry stems from a story that Samoa Observer reporter Sialai Sarafina Sanerivi was working on, in connection to the American Samoa-registered vessel Kite Runner, which entered Samoa territorial waters in April of this year and the Observer claimed it was seized by the Samoa police.

According to the Observer, a Samoa Government official tipped the newspaper of the alleged involvement of a Samoa Cabinet Minister in getting documentation organized for the vessel's visit to Upolu and then to Savai'i.

 The Kite Runner belongs to Pago Pago businessman Papali'i Lauli'i Alofa and it travelled to Samoa in April 2023 to unload cargo in Savai'i for a family funeral. It was seized by the police in Savai'i for lack of proper documentation, but was later released. 

Samoa port authorities claimed that the reason why the Kite Runner was held up at the Apia wharf is because it did not have a clearance from its last port, Pago Pago.

This clearance, which is officially signed by both Port and Customs, was applied for and given after the boat arrived in Apia, according to sources who — at the time — asked not to be identified as they are not authorized to speak to the media.

And this is when the local AG’s office got involved with examining the general policy and procedures (or lack thereof) for the incoming/ outgoing vessels into the Port of Pago Pago.

DAG Hall in his email noted the AG’s office had been tasked to assist in the investigation of the Kite Runner’s departure from the Port of Pago Pago to the Port of Apia and the return of the same vessel to the Port of Pago Pago.

“Please provide me with any investigative report, documentation and list of witnesses on this matter that you have generated and prepared as part of the investigation of the Vessel KITE RUNNER,” he said in his email.

The following documentation was requested by DAG Hall:

1.         Vessel KITE RUNNER’s Registered Owner;

2.         Vessel KITE RUNNER's specifications and photos of the vessel (Certificate of Registry as required by ASCA § 29.0215);

3.         Vessel KITE RUNNER’s A.S. Port Authority’s Pago Pago (AS) Harbor departure clearance documentation (whether or not it was documented after the vessel departed the Port of Pago Pago (AS) and clearance documentation was provided to the Port of Apia (WS) authorities);

4.         Vessel KITE RUNNER Samoa’s Port or Ministry Authorities’ Apia Port clearance documentation when it departed Port of Apia (WS) to return to the Port of Pago Pago, if any;

5.         Vessel KITE RUNNER’s DPA Clearance Team's clearance documentation when the Vessel KITE RUNNER entered or returned to the Port of Pago Pago from the Port of Apia (WS), if any.

6.         Vessel KITE RUNNER’s Captain’s name and the Captain's USCG 6 Pack License (license to carry up to 6 passengers for hire on a vessel) or Master’s License for the Vessel KITE RUNNER, as a port user and operator.

Note: The responsibility of port clearances (departure and entry) are the responsibility of the vessel’s captain and a violation may result in disciplinary, suspension or revocation action of the Captain’s USCG maritime license.

DAG Hall also instructed that the documentation provided shows the following information as to vessel clearances for the Kite Runner:

1.         Date and time of departure or estimated date and time of departure from the Port of Pago Pago (AS) to the Port of Apia (WS) and the date and time of arrival or return from Port of Apia (WS);

2.         Date and time that A.S. Port Clearance Team cleared the vessel for departure from the Port of Pago Pago (AS) to the Port of Apia (WS), even if the documentation was issued after the vessel departed the Port of Pago Pago and provided to the Port of Apia (WS) authorities; and

3.         Names of all DPA Clearance Teams (DPA, DOH and DOT Custom’s Officers) for Vessel KITE RUNNER’s when the Vessel KITE RUNNER entered or returned to the Port of Pago Pago from the Port of Apia (WS).

According to DAG Hall, at the ASG Maritime Clearance Party of incoming/outgoing vessels (American Samoa) Meeting on June 6, 2023, it was discussed that the general policy and procedures for the clearance of incoming/ outgoing vessels into or departing the Port of Pago Pago (American Samoa), were:

1.         The captain of any incoming/outgoing vessels (American Samoa) shall contact (email, fax, phone (cell or satellite)) the DPA of the ETA of arrival (before or soon after departure from originating port) or departure of the vessel the Port of Pago Pago and any vessel entering the Port of Pago Pago without giving due notice shall be directed to the quarantine buoy. See, ASCA § 20.1201(a)-(b) and § 20.1202.

2.         The captain and vessel will be directed to receive the DPA Clearance team (DPA, DOH, DLA Immigration and DOT Customs) and inspected, before any person or crew member is allowed to enter American Samoa;

3.         If the vessel arrives or departs on the weekend, holiday or after Clearance Teams regular working hours, the Captain and vessel will be charged for overtime and if there is a delay on clearance by the DPA Clearance Team, the vessel will be ordered to secure at the port quarantine buoy, until the Clearance Team is prepared to clear the vessel and crew.

DPA will instruct the captain that no person on the vessel will be allowed to leave the vessel, until the Clearance Team inspects the vessel and clearance is granted. See, ASCA 20.1308(a)-(b), All overtime and port charges assessed to the captain and vessel will be billed and departure clearance will not be granted until the captain and vessel pays all port charges.

4.         If the vessel is in distress, DPA shall organize and coordinate necessary safety protocols to ensure the safety of the vessel, crew and other port users and if the vessel is seaworthy, the vessel will be secured to the quarantine buoy for further examination and boarding of the DPA Clearance Team.

If the vessel is not seaworthy, all action will be taken to ensure that the vessel will not be a danger to other port users and will not be a hazard to navigation.

In any emergency situation, the captain and crew will be cleared by the DPA Clearance team in a secure area, before the captain and crew allowed entry into American Samoa. Any unlawful entry into American Samoa will be handled by the Attorney General’s Office and the Immigration Department. See, ASCA § 20.1201(c).

5.         If there is a medical emergency, DPA and DOH or EMS will arrange for immediate and prompt medical services and upon the release of the member of the crew from the medical facility or is stabilized the member will be returned to the vessel. The medical emergency entry will not be a clearance entry into American Samoa. See, ASCA 20.1308(a)-(b).

6.         No vessel will be denied entry into the Port of Pago Pago and if clearance papers from the immediate past port of departure or other immigration or other security issue cannot be resolved, the vessel will be detained on the quarantine buoy, it will be provided with fuel and provisions to depart to another port. All port charges will be documented and required to be paid or invoiced to the vessel as a maritime lien on the vessel to allow the vessel to depart and leave the Port of Pago Pago (AS). See, ASCA § 20.1201(a)-(b) and § 20.1202.

7.         There are to be no exceptions to the above policy and procedures for the incoming/outgoing vessels (American Samoa).”

DAG Hall said that it was further recommended by the AG’s Office at the meeting that their respective departments prepare general policy and procedures for the incoming/outgoing vessels into the Port of Pago Pago with forms to expedite clearance and entry of vessels into the territory.