AG on Senate resolution banning imports from Samoa: “imports do not hurt local businesses,” he says

Pago Pago, AMERICAN SAMOA — “Imports from Samoa, especially for personal use, should be OK as long as such imports follow local and federal laws. Imports promote the interest of American Samoa such as food security, and imports do not hurt local businesses.”

This is according to Attorney General, Fainuulelei Falefatu Alailima-Utu in response to queries regarding the Senate’s Resolution recommending to stop imports from Samoa and also to appoint an Independent Prosecutor, to “investigate” employees of the Department of Agriculture.

This is in relation to eggs imported from Samoa where the Department of Agriculture staff allegedly was seen delivering these eggs to local restaurants, despite confirmation that importation of meat and eggs is limited to personal use, not for commercial sale.

Falefatu told Samoa News there are local and federal laws governing the import of eggs, meat, agricultural products etc. from Samoa to American Samoa and those laws must be followed. 

Regarding the Senate request for an Independent Prosecutor, the AG said they “had reviewed use of the Independent Prosecutor law before the Senate Resolution 38-7. 

“There is a process provided by the Independent Prosecutor law that governs situations where certain government officials are suspected of crimes and our Office is complying with that process.

“Note that the Independent Prosecutor law also prohibits my disclosure of much information regarding this matter,” said Falefatu.

In early February, the measure was prompted by Sen. Soliai Tuipine Fuimaono seeking to halt the import of eggs from Samoa saying that such imported products have not received approval from the U.S. Department of Agriculture (USDA), and this is a serious concern to the Fono.

Without USDA approval, Soliai says this raises concerns pertaining to the health effect on children who consume such products that have no federal oversight.  Soliai and other senators had followed this issue through media reports by newspaper and radio – which are cited in the Senate resolution.

SENATE RESOLUTION

For the resolution, the Senate recalled the Governor’s State of Territory Address at the opening of the 38th Legislature on Jan. 9 this year, where he discussed “how despite the drastic changes and the higher cost of living we are all experiencing now, ASG “continues to seek ways to support the people of the territory, private businesses and sustain the government.”

In an effort to carry out its administrative mandates, the resolution notes that American Samoa picked up discussions with Samoa regarding various social and economic challenges during the Atoa o Samoa talks.

Since the “Atoa Samoa” talks, the resolution said Samoa News had reported that ASG through “the Department of Agriculture has been given the green light for Sunshine Pacific to export eggs on a weekly basis to be sold in a local store.”

And it cited part of the news article, which states, “ASG [has] granted a long-term request by the Samoa Government to import [their] meat into the US territory.”

Additionally the newspaper reports last November that, “American Samoa will soon be able to get farm fresh eggs imported from Samoa.”

And it’s understood that other raw products, besides poultry products have also been imported since late last year.

The House Agriculture Committee held a hearing where Agriculture Department’s deputy director Siauini Taala – the acting director – testified and “confirmed hat eggs from Samoa were being imported and distributed to local restaurants”, according to the resolution.

The resolution then pointed to the “alarming and unethical” behavior of the Department of Agriculture, in “actively engaging in an operation for profit, under the guise of helping the community.”

“It is highly concerning that Department of Agriculture resources are being used to sell the products of a foreign, private company,” according to the resolution which contents that the Agriculture Department has failed to support the governor’s promise in his State of the Territory Address to support the people of the territory and private businesses. 

“American Samoa currently has existing and active locally-owned egg farms that have been providing poultry services to consumers and local companies over the years,” the resolution states.

(Samoa News should point out that there is only one locally-owned egg farm — Taputimu Farm.)

The resolution goes on note that “local and federal regulations and laws are now being bypassed by these foreign companies that have partnered up with the Department of Agriculture to bring in their goods for sale.”

Besides requesting the governor to put an immediate stop on imports from Samoa, the Senate recommended – through the resolution – for the Attorney General’s Office to apply to the High Court of American Samoa for an Independent Prosecutor to “investigate and review this situation to ensure” local law – ASCA §46.4701 “Bribery of a Public Servant” and §46.4702 “Public Servant Acceding to Corruption”, and “any other laws of the land have not been violated by the employees of the Department of Agriculture”.

According to the resolution, “we must ensure the unacceptable activity by the Department of Agriculture does not happen again. ASG employees must be held accountable for their actions.”

After the Senate approved the measure, it was recorded in the Fono journal and thereafter transmitted to the Governor’s Office.