OFFICE OF THE GOVERNOR
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(for immediate release – April 23, 2007)
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Governor Togiola proposes Guest Worker Permit bill
(UTULEI) – Governor Togiola Tulafono today submitted legislation at the Fono’s special session authorizing the issuance of guest worker permits by the Attorney General of American Samoa.
In the submission of the proposed legislation, Governor Togiola said his administration has been very active in pursuing opportunities to widen and diversify the Territory’s economic base.
“With new opportunities, such as the recently announced Star Kist Samoa expansion of operations, interest from foreign manufacturing companies to locate here and our pending connection through undersea fiber optic cable that will help call centers, American Samoa is looking at a great chance for real economic development,” said Governor Togiola. “However, we must recognize the fact that with these new opportunities comes a demand for manpower and available hands to man these enterprises.”
Governor Togiola said under current circumstances, the Territory does not have the necessary labor pool to meet the high demands of these new industries. He also said American Samoa cannot afford to turn them away because of a workforce shortage.
“This is a golden opportunity to look towards our regional neighbors to assist us in meeting this demand. Our traditional ties with our brothers in Western Samoa, the Kingdom of Tonga, the Tokelau Islands and other countries of the Pacific will provide some control over any negative impacts usually associated with importing workers from other countries,” said Governor Togiola.
In the proposed legislation, Governor Tog Iola said he has tried to address every safety mechanism available in making sure that the program does not threaten the health and welfare of the people of American Samoa, or strain the resources, basic services and infrastructure.
Also included in the proposed new measure are very strict means of control to make sure that the program does not remove any job opportunities from American Samoans, while meeting industry demands, and at the same time protecting the rights of the guest workers.
“We are approaching a very exciting time in our economic development and I am sure our people recognize the potential this program offers for our Territory and the many opportunities it will create for our people,” said Governor Togiola.
BELOW Guest Worker Permit bill in its entirety
_______.B. NO. 30 - _______ PUBLIC LAW NO. 30 - _______
THE THIRTIETH LEGISLATURE OF AMERICAN SAMOA
First Special Session
Begun and held at Fagatogo, Tutuila, American Samoa
on Monday, the Twenty-Third day of April,
Two Thousand and Seven
AN ACT AUTHORIZING THE ISSUANCE OF GUEST WORKER PERMITS BY THE ATTORNEY GENERAL FOR EMPLOYEES OF THE FISH CANNERY, CALL CENTER, AND MANUFACTURING INDUSTRIES, ESTABLISHING THE SPECIAL REQUIREMENTS AND LIMITATIONS, AND GIVING THE GOVERNOR OF AMERICAN SAMOA THE AUTHORITY TO PLACE A MORATORIUM ON THE ISSUANCE OF SUCH PERMITS, BY CREATING A CHAPTER 09 UNDER TITLE 41, AND AMENDING SECTIONS 41.0301 AND 41.0410, AMERICAN SAMOA CODE ANNOTATED.
Preamble
Due to the urgent need to provide a sufficient number of workers for the increased cannery output in the Territory, this Act shall become effective immediately upon passage by the Fono and signing by the Governor
BE IT ENACTED BY THE LEGISLATURE OF AMERICAN SAMOA:
Section 1. There is created a new chapter 09 under Title 41, ASCA, which reads:
“Chapter 09
GUEST WORKER PERMIT
41.0901 Definitions
As used in this chapter, unless the context clearly indicates otherwise:
(a) “Affiant” means a person who attests to, or signs an affidavit.
(b) “Affidavit” means a written statement which is authorized or required by law, attested to or signed by the affiant, and submitted in support of an application for a guest worker permit.
(c) “Guest worker” means someone who is granted authorization to enter and remain in American Samoa for purposes of employment only, under the provisions of this chapter.
(d) “Host” means anyone who is a bona fide resident of American Samoa who can certify by affidavit that he will provide housing and lodging facilities, whether free of charge or by rent agreement, for a guest worker during his stay in American Samoa.
(e) “Immediate relative” means the children, spouse, siblings and parents of a guest worker.
(f) “Sponsor” means an employer belonging to either the fish cannery, call center, or manufacturing industry requesting a guest worker permit for another individual to enter American Samoa for purposes of employment in that particular industry.
41.0902 Authorization to Issue Guest Worker Permit
The Attorney General of American Samoa is authorized to issue guest worker permits, subject to the requirements of this chapter, for the purpose of entry of non-US nationals or citizens into American Samoa for purposes of employment in the fish cannery, call center or manufacturing industry.
41.0903 Requirements for eligibility for guest worker permit
Each guest worker applying for a permit must meet all of the following requirements:
1. Must be at least 19 years old, and no older than 45 years, at the time the original application is presented to the Attorney General;
2. Must be a citizen of those countries listed in Section 41.0905;
3. Must not have been convicted anywhere of any crime, whether a misdemeanor or felony, but not including civil infractions;
4. Must possess a certificate from the highest health authority in his country of origin that bearer is of good health, fit for work, not pregnant, in cases of females, and free from any sexually transmitted diseases, malaria, filariasis, or any disease that is deemed contagious and capable of being transmitted from one person to another;
5. Must not have been previously deported or excluded by the American Samoa Immigration Board or Attorney General;
6. Must not have been ordered by the courts of American Samoa to remain outside the Territory of American Samoa for any amount of time; and
7. Must comply with the prohibitions of section 41.0615.
41.0904 Health certification by guest worker- Penalty
(a) In addition to the requirement of section 41.0903(4) above, guest worker must provide a signed affidavit, with himself as the affiant, that he is of good health, fit for work, not pregnant, in cases of females, and is free from any sexually transmitted disease, malaria, filariasis, or any disease that is deemed contagious and capable of being transmitted from one person to another.
(b) Any guest worker who knowingly presents a false affidavit under this section with the purpose of misleading any person in order to obtain a guest worker permit, shall be guilty of a class A misdemeanor, and shall have his permit revoked immediately.
41.0905 Countries of recruitment and priority
Guest workers shall be recruited only from the following countries, in the following priority:
1. Independent State of Samoa
2. Kingdom of Tonga
3. Tokelau Islands
4. Other Pacific islands
41.0906 Permit good for one year - Renewal - Fees
(a) Each guest worker permit issued by the Attorney General shall be valid for only one year from the date it was issued, and shall entitle the guest worker to multiple entries into American Samoa for the purpose for which it was issued.
(b) Each permit may be renewed for an additional year upon its expiration, without any limitation on how many times it may be renewed.
(c) Each permit issued for the first time shall be for a fee of $50.00, paid to the Government of American Samoa. Each subsequent renewal shall be for $30.00.
41.0907 No bond or security of any kind necessary for issuance of permit.
For purposes of this chapter, neither the sponsor nor the guest worker applicant shall be required to post a bond, either monetary or otherwise, or post security of any kind as a requirement for the issuance of a guest worker permit. With each application, however, the sponsor gives its assurance that it will be ultimately responsible for all expenses related to, and necessary for repatriating, to their countries of origin, those guest workers whose employment are terminated, or are deemed deportable or excluded by the Attorney General pursuant to the laws of American Samoa.
41.0908 Requirement for a host in American Samoa - Penalty
(a) Each application for a guest worker permit shall be supported by an affidavit from a host stating his ability and willingness to provide housing and lodging facilities for a guest worker during his stay in American Samoa, and shall declare whether he provides these accommodations free of charge or for a charge.
(b) A host who provides housing and lodging facilities for a charge shall submit with his affidavit a copy of his business license and rent agreement with the guest worker, stating, among other things, the term of the agreement, the monthly rental payment, the facilities provided, and other such information the Attorney General by regulation may require.
(c) No person may act as host for more than 5 guest workers at one time.
(d) A host shall not require from a guest worker, through use of coercion, duress, force or threat of deportation, a portion of his wage earnings over and above the agreed upon rental rate, or reasonable household expenses attributed to the guest worker.
(e) Anyone who violates subsections (c) above shall be guilty of a class A misdemeanor for the first violation, and a class D felony for every subsequent violation. Anyone who violates subsection (d) above shall be guilty of a class D felony.
(f) Anyone who provides a false affidavit or false information under subsections (a) and (b) of this section shall be guilty of a class B misdemeanor.
41.0909 No round-trip ticket necessary to enter
Each person who is granted a guest worker permit may enter American Samoa with only a one-way ticket from his point of origin.
41.0910 Issuance of guest worker permit
Guest worker permits may be issued only upon the satisfaction of the following requirements:
1. That the sponsor presents a complete application for each guest worker to the Attorney General with a certification that it is unable to meet its employment requirements with individuals currently residing in American Samoa, and other information that the Attorney General by regulation may require;
2. That the Attorney General examines and certifies to the Governor that he has reviewed each application, that the requirements of this chapter have been satisfied, and that the employment needs of the sponsor cannot be met with individuals residing in American Samoa;
3. That the Governor has consented to the issuance of each permit and has reported to the Legislature of American Samoa:
(A) The number of permits to be issued;
(B) That he has approved the issuance of such permits; and
(C) The circumstances under which they are issued.
41.0911 Immediate employment - Termination of employment
(a) Each guest worker who is issued a permit shall be employed by sponsor within two weeks of arrival after first complying with the employment laws of American Samoa and those of the federal government which are applicable to American Samoa, and shall continue to be employed by sponsor while in American Samoa on a guest worker permit.
(b) Upon termination of employment by sponsor, guest worker shall have 7 days to voluntarily depart American Samoa or shall be subject to arrest and detention until arrangements are made by the sponsor for his immediate transport back to his country of origin.
41.0912 Authority of the Governor to implement moratorium
The Governor of American Samoa is granted the authority to place a moratorium on the issuance of guest worker permits upon his determination that any of the following has occurred:
(a) There are sufficient willing individuals in American Samoa to fill the vacancies certified by sponsor;
(b) That the influx of guest workers has placed a strain on the resources, utilities, infrastructure or basic services of American Samoa;
(c) That the guest worker permits have been abused and misused, leading to undesired negative results; or
(d) That the further issuance of said permits will not be in the best interest of the Territory of American Samoa.
41.0913 Guest worker’s family not included in permit - Eligibility for residence status
(a) Each person who is granted permission to enter American Samoa on a guest worker permit is not entitled to inclusion of his immediate relatives for sponsorship under the guest worker permit.
(b) Guest workers shall not become eligible for residence status in American Samoa under chapter 03 of this Title unless they have served at least 7 continuous years under the guest worker permit program.
(c) In the event that a guest worker applies and is granted an alternate residence status under the provisions of this Title, the years that he had spent in American Samoa as a guest worker may be counted towards his application for permanent residence status pursuant to the provisions of section 41.0403.
41.0914 Amnesty for foreign nationals residing in American Samoa without authorization
(a) In order to meet the worker requirements of sponsor, and at the same time maintain the population at the current level as much as possible, amnesty is hereby granted to nationals of those countries listed in section 41.0905 above, residing in American Samoa without proper authorization granted by the Attorney General or the Immigration Board, in order to become employed by sponsor as a guest worker, subject to employment requirements.
(b) This grant of amnesty shall expire 90 days from the effective date of this law.
41.0915 No Board approval necessary for guest worker permits
Because it is the intent of this law to provide a more efficient and expeditious means of providing necessary workers for certain industries of American Samoa, guest worker permits do not require the approval of the Immigration Board.
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