27.2604 Duties and powers of the Director.

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(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 appropriate educational, administrative and work related experience.

(c) The Director shall have the following affirmative duties related to foreign investment:

(1) to develop, publish and implement written guidelines and programs of foreign investment in American Samoa consistent with the policy of the act;

(2) to publish annually and make available to any interested person a comprehensive list of industries or classes of industries in which foreign investment is to be promoted, prohibited, or left to the discretion of the foreign investors;

(3) to accept and to thoroughly review all applications to determine whether the proposed enterprise meets the investment criteria in section 27.2606;

(4) to conduct public hearings on all proposals as necessary to evaluate public opinion and gather information and to have regular consultations with the applicants during review of the application;

(5) to issue approval letters to applicants upon mandatory review of the criteria in section 27.2606; otherwise to not issue such letters;

(6) to give 180 days to holders of approval letters to secure financing to implement the proposal;

(7) upon receiving satisfactory proof of secured financing, to issue a certificate of foreign investment in the name of the applicant and to forward it to the Governor for review; otherwise to not issue such certificates;

(8) to submit an annual report on January 31st of each year to the Governor and Legislature on all foreign investment activities during the previous calendar year, showing a list of all approval letters and certificates of foreign investment issued, pending or in effect, and those suspended, modified or revoked, and other relevant information;

(9) to actively coordinate the meaningful review by and input of other governmental agencies the functions, services and burdens of which may be affected by a proposed foreign investment, but no agency which desires to contribute relevant information to the review of a proposal may be excluded.

(d) The Director has the following discretionary powers to carry out his above duties:

(1) to adopt and promulgate rules pursuant to the Administrative Procedures Act, section 4.1001 et seq., not inconsistent with the provisions of this chapter;

(2) subpoena records, books, witnesses, document and any other data, administer oaths, inspect real or personal property related to an application for a certificate of foreign investment, and conduct inquiries necessary to perform his duties;

(3) monitor the operations of foreign investments in American Samoa, and if necessary and after reasonable advance notice to a certificate holder, modify, suspend or revoke a certificate of foreign investment.

History: 1988, PL 20-80; amd 1991, PL 22-11.