Gov. Lolo Matalasi Moliga has signed into law legislation, which among other things imposes fees for the use of the X-ray scanners at American Samoa’s ports of entry.

In accordance with the constitution, the bill becomes law 60 days after the end of the session in which it was passed, according to language of the bill.

The current 4th regular session of the 34th Legislature officially ends on Oct. 14th.

The Administration had initially proposed higher fees for large containers and lose cargo, but the Fono reduced them, while maintaining other fees submitted by the governor.

As it stands the fee structure for use of scanner equipment, according to the bill signed into law on Oct. 4th states:

•     $200 for a 40 feet or more container;

•     $200 for less than a 40 - including all 20 foot containers;

•     $50 for loose cargo pallet;

•     $50 per vehicle or heavy equipment;

•     $10 per parcel imported for commercial purposes; and

•     Other scanning fees as determined by customs and enacted by administrative rule making.

In his Oct. 4 letter informing the Fono leaders the bill had been signed into law, the governor made no mention of the amendments made by the Legislature. He says he appreciates the Fono’s work on this important bill, which will facilitate the use of the new X-ray scanning equipment acquired by Treasury and Customs.

“By enhancing Customs ability to quickly search incoming cargo, we expect to be able to better secure our borders, provide more efficient service to our importers, and improve Customs revenue collections,” the governor wrote.

Lawmakers had reduced scanner fees from the original submission out of concern they were too high, with some senators arguing the fees will be passed by businesses to consumers. In the end, it’s the consumers who will carry the heavy burden of the scanner fees, they said.

Lolo had informed the Fono in August there are Customs agencies in the US, currently employing similar X-ray technology and such technology would aid local customs agents in their ability to enforce general excise taxes, which are being under-collected due to the lack of technology and inefficient practices.

Additionally, he said, local Customs officers would be able to better prevent the illegal transportation of illegal drugs and weapons to and from American Samoa. “It is our hope that these new measures will help improve the security of our territory and help to more effectively enforce our laws,” the governor said.

According to the bill’s preamble, it’s “likely that most illegal drugs and weapons on island are transported into the territory by person or parcel.”

American Samoa Economic Development Authority board vice chair Utu Abe Malae told Samoa News two weeks ago that the scanner equipment is funded with $6 million from ASEDA issued bonds.

Customs Office has six agents currently undergoing a 10-day training session in Torrance, California the headquarters of Rapi Scan, which was contracted to provide the scanning equipment. The Customs officers left on Sept. 23rd.

The first three scanners are already on island with the 4th scanner the larger one for containers, is scheduled to arrive later this month.

Samoa News should point out that the Customs Canine Unit is still a part of the customs search procedures, and according to testimony of the Chief of Customs last month before the Fono, it will continue in conjunction with the new scanning system.

OTHER PROVISIONS

Other provisions of the new law states that, “Whenever a vessel, aircraft or any other form of transportation from a foreign port and place, or within the Territory, arrives or exits an American Samoa port of entry, customs and border security officers are authorized to enforce, inspect and ensure compliance with all customs regulations including collection of appropriate excise taxes.”

This includes search of the persons, baggage, and merchandise discharged or un-laden from such vessel, whether or not any or all such persons, baggage or merchandise has previously been inspected, examined or searched by customs officers, the bill states.

To execute customs responsibilities, that includes searching for contraband, weapons or other illegal or undeclared merchandise, the bill authorizes the use of scanners or X-ray equipment for inspection of all containers, loose cargo and merchandise as well as parcels.

However, the importer, exporter, and/or owner of the examined merchandise are responsible for the cost of this inspection, examination and search, according to the bill, which also outlines the fees for such service.