BILL INTRODUCED TO REGULATE CORPORATIONS SPONSORING ALIENS

Senate and House of Representatives introduced in first reading, an act regulating the ability of corporations to sponsor aliens, amending the current local statute.

According to the proposed bill, the current law under ASCA 41.0408 is vague and provides minimal direction on the sponsorship of aliens by corporations, and this has led to the sponsorship of aliens by corporations in a manner that is inconsistent with the revised constitution of American Samoa. The territory would benefit from specific language to more effectively control and limit the sponsorship of aliens by corporations.

Amendments to the bill are as follows:

The proposed measure says that any corporation authorized by statute to do business in American Samoa, and certified by the Attorney General to sponsor aliens pursuant to the following general requirements: established record of financial responsibility; proof of timely payment of local taxes, fees and other government assessments; in the case of a new corporation, proof of an established business plan for operations in American Samoa; and good corporate citizenship.

“These general requirements may be expanded or elaborated upon from time to time through the promulgation of regulations by the Attorney General.”

Revisions would also include that “No corporation may sponsor an alien who has any control or interest in the sponsoring corporation. Such persons who are deemed to have control or interest in a corporation shall include but not be limited to alien incorporators, investors, shareholders, directors and officers of any corporation incorporated under the laws of American Samoa.

The bill also deletes the part which says “Sponsorship of persons may be transferred from one employer to another, provided the board is satisfied of the need and of the lack of permanent residents for such employment.” The hearing for this bill is scheduled for today before the House at 8a.m., and Attorney General Talauega Eleasalo Ale is the witness being asked to testify.

UPDATE ON SEGAULA AIRCRAFT

The new date for inspection by the Federal Aviation Administration (FAA) of the Segaula is now slated for November 17, 2014 says Aleki Sene Jr who spoke on behalf of Inter Island Airways dba Manu’a Airways Executive President Barney Sene. A hearing was held before the Transportation Committee last week Friday, and was attended by Port Director Taimalelagi Dr Claire Tuia Poumele and Aleki Sene Jr.

Earlier this year Barney told the Fono that Segaula and Manu’a Airways would be up and running by April this year, before Flag Day, however that did not happen. In July, Barney told Samoa News that with all final inspections completed the airplane will be up and running in October. During the hearing, Manu’a faipule Fetu Fetui Jr felt that the Manu’a people have been lied to and asked the Port Director as to who’s lying “is it you the Director or Barney.”

Aleki told the lawmakers that his brother Barney is the President of the Airline however he has been off island and he’s scheduled to return next month with the FAA to conduct the inspections. After those inspections, they will know when the Segaula will be up and running.

Fetui told Aleki that these were the same things told to the Fono by his brother — always saying that the last phase is with the FAA. Vice Speaker Talia Fa’afetai I’aulualo, Fetu and Toeina Faufano Autele expressed how the Manu’a people are suffering due to lack of consistent air transportation for the Manu’a people.

The Vice Speaker said there is a great need for a plane to to and from Manu’a due to emergency cases when people are sick and the need to bring over those who have passed on for the morgue at the LBJ hospital.

ASG LEASES FOR FONO APPROVED FOR GHC REID & PACIFIC GRADING

There are two government leases that have been submitted for Fono endorsement. It should be noted that ‘disapproval’ of a lease by Fono, actually endorses it — allowing for approval of said lease.

According to the concurrent resolution, it disapproves an amendment to a lease agreement between ASG and Pacific Grading Corporation that would extend the term of this lease to 30 years beginning January 1, 2012 and expiring on December 31, 2041.

The resolution says the length of the original lease term was nine years 11 months and 29 days, commencing January 1, 2012 and ending December 31, 2021 however an option to extend the term of the lease for a period of 30 years has been exercised by Pacific Grading Corp, who has requested that the new expiration date be December 31, 2041.

Any lease of ten or more years duration pertaining to government controlled real property may be disapproved by the Legislature within 30 days after being submitted to the Fono. In a letter to Fono leaders, Governor Lolo Matalasi Moliga asked the Fono to exercise the option for extension of the lease term to 30 years.

The second lease that ASG is seeking for disapproval is with GHC Reid & Company that would extend the term to 30 years beginning December 1, 2013 and expiring November 30, 2043.

According to the resolution on November 20, 2013 ASG and GHC Reid entered into a lease agreement for a term beginning December 1, 2013 and expiring November 29, 2023, and  the lease terms also provide for an option to extend the lease term to 30 years after approval by the Fono.