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Proposed Senate bill tightens the Samoan requirement for corporations

Original rendering of Fono building
Balancing fair treatment of foreign nationals with Am. Samoan interests
fili@samoanews.com

Pago Pago, AMERICAN SAMOA — Sen. Satele Aliitai Lili’o is the sponsor of a Senate bill, which seeks to amend current laws that would clarify requirements for those who incorporate a business in American Samoa and the measure was assigned to the Senate Ways and Means Committee for review and consideration.

The legislation targets a long standing issue that has been the subject of Fono discussions and public concerns over the years regarding individuals who are allowed to form a corporation in American Samoa as more foreigners from Asian countries are operating businesses in the territory.

The current statute states that: Three or more persons of full age, at least 2/3 of whom must be nationals of the United States, and at least one a resident of American Samoa, may form a corporation for any lawful business, but such incorporation confers no power not possessed by natural persons, except as otherwise provided in this chapter.

The bill amends this provision of the law, that at least 2/3 of whom must be “U.S. Nationals or permanent residents of American Samoa” and at least one American Samoa“n” may form a corporation for any lawful business, but such incorporation confers no power not possessed by natural persons, except as otherwise provided in this chapter.

“These requirements apply during the life of the corporation,” according to the change proposed in the bill.

“As applied to this section only, American Samoan means a person born of American Samoan ancestry in American Samoa or in the United States.” according to another amendment cited in the legislation.

The bill’s preamble provides some explanation for the reason behind the measure. It says that American Samoa has controlled its own borders since the U.S Naval times “and we continue to do so today.”

 “We currently have an immigration system, for all intents and purposes, mirrors the federal immigration system.  We do make concessions for our brothers and sisters from Samoa,” it says.

In “recent years, we recognize an increase of other foreign nationals, coming to American Samoa to seek a better life for themselves and their families,” it says, and noted that while “we don’t fault foreign nationals who seek a better life for their families, we must still be aware of our limited land resources, water, sewage facilities, educational and economic opportunities.”

And, “in order to preserve and protect our way of life, we must pass laws that balance the fair treatment of foreign nationals while continuing to prioritize and safeguard our culture, our resources, and our economic prosperity.”