Pago Pago, AMERICAN SAMOA — Instead of being “suspended”, an Executive Branch employee who fails to comply with a new regulation to be fully vaccinated against COVID-19 will be placed on “leave”, according to Gov. Lemanu Peleti Palepoi Sialega Mauga’s new COVID-19 Declaration, which also established the government’s 2021 Amnesty Program for “overstayers” in American Samoa.

The new declaration — dated Nov. 10th and effective through Dec. 9th — points out that public employees routinely interact with the public and other employees. And it’s ASG’s desire to protect the heath of its employees and the public.

It also says that the “lack of sufficient workforce in critical areas including our supply chain and medicine is a clear and present danger to the safety of the territory and its ability to protect its population from the effects of COVID-19.”

The first amendment to the previous declaration, dated Nov. 1st, spells out in detail that COVID-19 vaccinations for all employees of the Executive Branch is mandatory and those employees have until Dec. 15 to provide proof of “full vaccination” to the Human Resources (DHR) director. (See Samoa News edition Nov. 3rd for details.)

The amendment, also says that any employee who does not comply with the mandatory vaccination “shall be suspended” by employee’s department or agency and the Human Resources director “until employee provides proof of vaccination.”

Under the new declaration, released Wednesday afternoon by the Governor’s Office, the word “suspended” is replaced with “leave” and all provisions from the first amendment remain in force.

For example, Executive Branch employees must provide the Human Resources director with evidence of having completed the full course of vaccination against COVID-19 that is approved by the US Food and Drug Administration (FDA) or the World Health Organization by Dec. 15th.

The new declaration also spells out documents needed by the employee to show evidence of a full course of vaccination and that all documents must be provided. Additionally, any employee who does not comply with mandatory vaccination shall be placed on “leave” by the employee’s department or agency and the Human Resources director “until employee provides proof of vaccination.”

Pursuant to ASG regulations, employees may use their accumulated annual leave or sick leave while they are on “leave”. Otherwise, the “leave shall be without pay”, according to provisions of the new declaration.

Additionally, exceptions to the vaccination requirement will only be permitted as required by law. And “reasonable accommodation” may be provided to employees who communicate in writing to DHR that “they are not vaccinated against COVID-19 because of a disability pursuant to the [federal] American with Disabilities Act... or a valid medical reason or because of sincerely held religious belief, practice or observance.”

According to the declaration, no employee hired after Nov. 01, 2021 shall begin work until they demonstrate that they can comply with the vaccination requirement or they are granted an exception.

“OVERSTAYERS” PROVISION

A new provision in the declaration, states that: “Aliens” - referring to foreigners — who are present in American Samoa who do not have legal status and are considered “overstayers” may apply at the Immigration Office for a P5 immigration status under the 2021 Amnesty Program.

In order to be approved, the alien must demonstrate to the Immigration Board that the alien:

•           has a valid passport;

•           has completed the full course of vaccination against COVID-19;

•           has a valid offer of employment conditioned on Immigration Board approval and a qualified immigration sponsor;

•           has local hospital and court clearances and has paid the required fees and bonds; and

•           is not excludable — per local statute, A.S.C.A 41.0615 — provided that the alien has stayed beyond the time allowed in the entry permit or granted by the Immigration Board, shall not be denied solely on the basis of being an overstayer.

The declaration notes that the “numerical limitation” — pertaining to the number of foreigners from specific countries to enter the territory annually under local laws, are “suspended” under this amnesty program, which will be available from Nov. 12th through Dec. 13th this year.

Furthermore, applications submitted prior to or on Dec. 13th shall continue to be processed and decided by the Immigration Board.

Samoa News notes that the Governor’s Office didn’t provide an official statement, explaining the reason behind the amnesty program, but one ASG official said yesterday that the Administration is concerned “overstayers” are stranded here, without getting vaccinated, due to travel restrictions both in American Samoa and the “overstayer’s home country”.

OTHER RESTRICTIONS REMAIN

The declaration maintains restrictions that full vaccination is required prior to entering American Samoa for any person who is 16 years or older, unless the person is not medically qualified.

It also maintains current restrictions, which continue the suspension of all entry permits until further notice with the exception of Guest Worker Permits issued for employment at the cannery or a call center pursuant to local law. And the Governor’s Authorized Representative (GAR) has the authority to issue entry permits.

Persons allowed to enter must register with the online travel program approved by COVID-Task Force, DoH and the Department of Legal Affairs — referring to the TalofaPass web-system.  Additionally, the GAR is authorized to make exceptions and authorize the entry of persons into the territory without using the online travel program.

The new declaration continues the suspension of all regular scheduled commercial passenger flights to and from American Samoa. Additionally, the GAR may authorize limited scheduled flights or authorize flights based on the needs of the territory.

The COVID-19 Task Force has been publicly announcing since August the resumption of Hawaiian Airlines commercial flights between Honolulu and Pago Pago on a limited basis. There are also limited flights per week for the inter-Samoa route.

Click on attachment below to download full text of this latest declaration.