27.2606 Criteria for applications review.

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(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 finding of a negative impact on any single criteria does not preclude the issuance of a certification of foreign investment nor does a numerical majority of positive impact findings guarantee the issuance of a certificate of foreign investment. The Director shall take an accommodate, overrall approach in reaching his decision on each application. The Director shall actively consult with the applicant regarding his concerns on any of the criteria. All records shall be kept for at least 3 years.

(b) The Director must consider, exclusively, the following criteria:

(1) the need for and desirability of the enterprise to operate in the Territory;

(2) the ability of the enterprise to export goods or services from the Territory or, to provide goods or services in the Territory which previously had been imported;

(3) the likelihood that the enterprise would be and remain in compliance with all local and applicable federal laws and rules;

(4) the number and type of newly created employment positions for qualified American Samoa residents and the extent to which non-residents will be used in the enterprise operations;

(5) the impact of the enterprise on the ecology of the water, land, air, and living conditions in American Samoa;

(6) the extent to which the enterprise will compete directly or indirectly against existing local businesses, considering the likelihood of whether the technology or processes of the enterprise can be developed locally;

(7) outlines for construction, including locations, architectural plans, materials and grade, and compliance with zoning laws and uses in effect in the Territory at the time of the application;

(8) the extent to which the enterprise would include American Samoa residents in joint ventures or equity ownership in the enterprise;

(9) the extent to which the enterprise can, or plans to, use local contractors, subcontractors, labor, materials and other suppliers in its establishment, construction and operations;

(10) the effect upon all local utilities and waste disposal facilities and the capacity of the enterprise to satisfy its own utility and waste disposal needs;

(11) the quality, duration and expended results of a resident employee training program specifically directed toward the skills needed by enterprise;

(12) to the extent determinable, the anticipated length of time the enterprise is expected to operate in American Samoa and the resulting long-term consequences;

(13) the personal integrity, business history and business reputation of the foreign investor applicants and any local applicants for the same enterprise;

(14) the likelihood that the enterprise has been organized in bad faith or that the certificate of foreign investment may be misused.

(c) The Director may request of any applicant reasonable documentary proof of any facts alleged in the proposal or provided by communications from the applicant. Refusal to supply requested material may be grounds for negative findings under this section and, ultimately, denial of an application.

(d) If the Director is unable reasonably to determine that impact of any single criteria, without fault of the applicant, it shall be so reported.

(e) After reviewing all the criteria, the Director shall give a written conclusion of whether he approves of the proposed investment based on the total impact of the enterprise’s operation.

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