Title 27 — Commerce and Trade

(a) The Legislature finds that: (1) There is interest among foreign persons to make large investments on a long-term basis in American Samoa. (2) The Territory desires such investment but needs to regulate foreign investment to attract appropriate investment and to protect native…

As used in this title, unless the context requires otherwise, the following meanings apply: (a) “Certificate of foreign investment” means the certificate issued by the Director of Development Planning which includes information required by section 27.2609. (b) “Enterprise” means …

(a) No person may make any foreign investment in American Samoa directly or indirectly unless the provisions of this chapter have been complied with. History: 1988, PL 20-80; amd 1991, PL 22-11.

(a) The Director shall be provided with appropriations in an annual budget sufficient to handle effectively all of his duties. (b) The Director is authorized to hire staff necessary to effectively execute all of his duties. Such staff shall be career service and must have appropr…

(a) Any foreign investor, indigenous resident, or United States organizer may apply for a certificate of foreign investment by submitting an application to the Director. The application must include the following information: (1) the applicant’s: (A) name, age, place of residence…

(a) In reviewing an application for a certificate of foreign investment, the Director must review and make written findings of the criteria in subsection (b), and specifically whether the proposed enterprise will have a positive, negative or neutral impact on the Territory. A fin…

(a) Upon determining, after review of the criteria in section 27.2606, that a proposed enterprise is one which the Director approves of, he shall issue to an applicant a letter of approval. The letter of approval must be issued or denied within 120 days of receiving the applicati…

(a) Upon receipt of documentation required by section 27.2607 the Director must either issue or deny a certificate of foreign investment, within 30 days of receiving such documentation. (b) If the Director denies issuance of the certificate of foreign investment to an applicant h…

(a) Every certificate of foreign investment shall contain the following data: (1) a description of the enterprise and the form of business which will operate it and the location; (2) name, nationality, age, and current residence of the applicant; (3) description of additional fin…

(a) At all times during the life of a certificate of foreign investment, its holder and the enterprise must be in compliance with the provisions of this chapter and all other applicable laws and regulations. Failure to comply may lead the Director, after giving the certificate ho…

(a) The fees for applying for a certificate of foreign investment is two thousand five hundred dollars ($2,500) and is non-refundable. This fee covers all costs of the Director in accepting, reviewing and processing the applications. (b) Additional fees for other costs may be imp…

(a) To the extent necessary to obtain compliance with any provision of this act of any rule promulgated hereunder, the Attorney General shall assist the Director in enforcing the same. History: 1988, PL 20-80; amd 1991, PL 22-11.