Chapter 08 - Foreign investor entry permits.

Chapter 08 - Foreign investor entry permits.

41.0801 Definitions.


As used in this chapter, unless the context clearly indicates otherwise:

(a) “Foreign Investment” means the investment made by a foreign investor in an enterprise in American Samoa pursuant to a certificate of foreign investment issued by the director.

(b) “Foreign Investor” means any natural person without United States nationality or citizenship, or permanently residency in American Samoa, who is approved for and participates in an enterprise project that has been granted a certificate of foreign investment.

(c) “Attorney General” means the Attorney General of American Samoa.

(d) “Director” means the Director of Development Planning.

(f) “Eligible for a foreign investor entry permit” means a foreign investor who has proof that he or she is participating in a foreign investment that has been approved for, or been granted, a certificate of foreign investment.

(g) “Family” means the spouse and not more than two biological dependent children or dependent children by legal adoption, effective one year prior to the date of the application for a foreign investor entry permit, of a person participating in an enterprise for which an application for a certificate of foreign investment has been approved.

41.0802 Application-Fees and documentation required.


(a) An applicant for a foreign investor entry permit shall provide to the Attorney General:

(1) a non-refundable application fee of $500 (five hundred U.S. dollars) for an accepted participant in an enterprise granted a certificate of foreign investment, which includes the spouse and two dependent children;

(2) name, present address at both residents and business, and any telephone, telex, or facsimile numbers;

(3) a certified copy of the birth certificate of the applicant, the spouse and dependent children;

(4) a sworn statement of the applicant's educational background and achievements, and employment and business background;

(5) three reference letters of good character from non-relatives;

(6) a certificate of good health of the applicant, his spouse and dependent children;

(7) evidence of present citizenship of the applicant, the spouse and dependent children;

(8) a background report by an acceptable international investigate agency;

(9) a financial report certified by a registered and certified public accounting firm;

evidence that applicant has made available or obtained the financing for an investment of at least $1,000,000 (one million U.S. dollars) for an individual enterprise that has received an approval letter, pursuant to section 27.2608, for a certificate of foreign investment in American Samoa, with such investment already placed in escrow in American Samoa in a designated, suitably insured, financial banking institution; or

(10) evidence that the applicant has already invested at least $250,000 (two hundred fifty thousand U.S. dollars) in a bona fide corporation or partnership capitalized at no less than $5,000,000 (five million U.S. dollars) registered in American Samoa with an approval letter for a certificate of foreign investment;

(11) six passport-sized photographs, two of which will be endorsed on the back with the words. "This is a true photograph of (name of applicant)" and signed by the applicant; the same is required of the applicant's spouse and dependent children; and

(12) three original specimens of applicant's signature.

41.0803 Foreign investor entry permits-Issuance, denial, terms.


(a) Notwithstanding any other law, the Attorney General or his designee may issue a foreign investor entry permit to any foreign investor, the spouse and two dependent children in his family as defined in section 41.0801(f):

(1) who presents to the Attorney General current proof of participation in an enterprise granted a certificate of foreign investment; and

(2) who represents a currently valid passport for the investor and any member of the immediate family seeking such permit.

(b) The foreign investor entry permits allow the holders the following rights and privileges: entry and exit, of any frequency or duration, to and from American Samoa. The entry permit shall have no effect other than allowing entry and exit for the purposes of foreign investment and shall not vest in any permit holder any rights to own land, vote, hold elective office, permanent residence, or rights to United States nationality or citizenship.

(c) The foreign investor entry permit shall be valid for one year and shall be renewable each subsequent year as long as the approved enterprise is in operation and all other requirements remain satisfied, subject to revocation upon the conditions specified by law or rule.

(d) The Attorney General or his designed shall review every application and either issue or deny the foreign investor entry permit within 15 days following receipt of a complete application.

(e) In the event the Attorney General or his designee denies the application for a foreign investor entry permit, he shall state and include the reason for the denial in writing in a communication delivered to the applicant. The Attorney General shall additionally notify and instruct the escrow agent or corporation to return to the applicant the full amount of the investor's funds on deposit pursuant to section 41.0802(A)(11) herein.

41.0804 Revocation of foreign investor entry permits.


(a) Upon written notification from the director that the certificate of foreign investment has been revoked or the foreign investment enterprise has ceased business of has been transferred to new owners who will seek foreign investment entry permits, the Attorney General may revoke the foreign investor entry permits of the holder, the spouse and their dependents, provided, however, that the revocation shall not take effect until six months following the date of the business transfer or revocation of the certificate of foreign investment.

(b) Upon written notice from the Director of the business transfer or revocation of a certificate of foreign investment, the Attorney General shall give written notice of revocation of the foreign investor entry permits to the holders of the certificate of foreign investment and all participants therein.

41.0805 Exclusion from other preference eligibility.


(a) Every person who enters the Territory under this chapter is excluded from applying for admission under any other preference or for permanent residence, regardless of such person's eligibility for admission, for as long as such person holds or is named on a foreign investment entry permit.

(b) Every person whose foreign investment entry permit expires or is terminated or revoked, must leave the Territory before applying for admission under any other provision of this title.

41.0806 Rules and forms.


(a) The Attorney General may promulgate rules and prescribe regulations pursuant to the Administrative Procedures Act, 41.1001 et seq., to carry out the provisions of this chapter.