Guest Worker Permit Legislation Introduced

American Samoa Governor Togiola Tulafono’s guest worker permit legislation was officially introduced in the Fono on Tuesday and the measure sets specific guidelines of who is to be issued the permit by the Attorney General.

Togiola says the measure will assist the territory's canneries as well as new businesses in meeting their required workforce.

In a letter to the Fono leaders, the governor said his administration has been very active in pursing opportunities to widen and diversity the local economic base.

"With the recent announcement by StarKist Samoa of its plans to expand its local tuna production operation, interest from foreign manufacturing companies to locate to American Samoa, and our pending connecting to the rest of the world through the realization of an undersea fiber optic cable leading to call centers here on island, our Territory is faced with numerous opportunities for real economic development," the governor wrote.

"However, we must recognize the fact that with these new opportunities comes a demand for manpower and available hands to man these enterprises," he added.

According to the governor, American Samoa does not have the necessary workforce to meet the high demand of these new industries and American Samoa cannot afford to turn them away because of a workforce shortage.

"We must, therefore, look towards our regional neighbors to assist us in meeting this demand," he said. "Our traditional ties with our brothers in 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."

According to the bill, which is now been reviewed by the Fono, guest workers shall only be recruited from the countries in the following priority: Samoa, Tonga, Tokelau and other Pacific islands.

The measure sets the specific industries in which guest worker permits are issued: cannery, call center or manufacturing industry.

The permit will be good for one year and will cost $50 at the first issuance and $30 at each subsequent renewal. Guest workers must be at least 19 years old and no older than 45 and they can only be citizens of the listed counties.

Togiola said the bill also put in place safety mechanism to make sure that this program does not threaten the health and welfare of the territory.

According to the measure, a guest must not have been convicted of any crime, misdemeanor or a felony, must possess a health certificate declaring he/she is free from contagious or sexually transmitted diseases, and in the case of a female worker - she is not pregnant.

The guest worker must not have been previously deported by the Immigration Board or the Attorney General or ordered by the courts of American Samoa to remain outside of the territory for any amount of time.

Under the proposed scheme, no immigration bond is required but the measure requires the company sponsoring the guest worker that it will be ultimately be responsible for all expenses related to and necessary for repatriating the person back to his/her country of origin, when employment is terminated or the person is deemed deportable.

According to the bill, each guest worker permit application has to be supported by an affidavit from a host, who is a bonafide resident of American Samoa. The host must certify by affidavit that he/she will provide housing and lodging facilities whether free of charge or by rent agreement for a guest worker.

If the facility is charged, the bill requires the host to provide a copy of the business license and rent agreement with the guest worker and other information needed by the Attorney General.

The measure also bars a host from requiring a guest worker, through 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.

Violation of this provision is a Class A misdemeanor, for the first violation and becomes a felony for every subsequent violation, the bill says.

Families - including spouses and children - of the worker are not allowed to enter the territory under this permit scheme.

Another provision of the bill gives the governor the authority to place a moratorium on the issuance of guest worker permits upon his determination that there are enough individuals in American Samoa to fill the needs; and the influx of guest workers has placed a strain on the resources, utilities, infrastructure or basis services of American Samoa.

The governor is also required to provide to the Fono a report as to the number of permits issued and provide an explanation. Togiola said this provision is to ensure transparency in this scheme.

"We are approaching a very exciting time in our economic development," the governor informed the Fono leaders. "I am sure you recognize the potential this program offers for the territory and the many opportunities it will create for our people."