Entry Permit waiver proposed for more than 40 countries including Samoa

Pago Pago, AMERICAN SAMOA — The Department of Legal Affairs, which includes the Attorney General’s Office, plans to establish a program for citizens of Samoa to enable them to travel to American Samoa for up to seven days without obtaining an Entry Permit.

This is according to a provision of the “Countries under the American Samoa Entry Permit Waiver Program” proposed rule, which the department is proposing to adopt under Immigration Rules of the American Samoa Administrative Code (ASAC).

In a “Notice of Intended Action” published this week on the ASG website (www.americansamoa.gov), the department announced its intent to adopt new immigration rules under Title41 of ASAC, creating new rules regarding the American Samoa Entry Permit Waiver Program (EPWP).

Samoa News notes that the EPWP is an ASG policy set up during the Lolo Administration, a few years ago. Samoa News archive stories show the EPWP — along with other local entry regulations — was implemented in September 2017 by then-Attorney General Talauega Eleasalo Ale, following a directive from then-Gov. Lolo Matalasi Moliga in August that year.

ASG also set up an online application and payment process for the EPWP, which allowed citizens from some 38 countries to enter the territory without obtaining an Entry Permit.

Under the new proposed rules for EPWP there are more than 40 countries including Australia, New Zealand, Federated States of Micronesia, Marshall Islands and Palau — all countries in the Pacific region. It should be noted that Fiji is not included in the list.

The EPWP allows citizens of select countries to travel to American Samoa without obtaining an Entry Permit for stays up to 30 days or less for tourism and business purposes.

“No person who purchased his/ her citizenship by investment is qualified under the EPWP,” according to the proposed rule, which also states that, “travelers entering American Samoa to board fishing vessels or other commercial vessels are NOT eligible for the EPWP.”

SAMOA CITIZENS

A provision of the proposed rule states that, a “program will be established by October 2023 for Samoa citizens to travel to American Samoa for up to seven days without obtaining an Entry Permit because of American Samoa’s close familial, cultural, linguistic and historical ties with Samoa, and in order for Samoa to reciprocate and waive Entry Permits or Visas for non-citizen U.S. Nationals traveling to Samoa.”

The rule also says that a Samoa citizen who does not have a passport may travel to American Samoa on a valid document of identity. There will be a monthly maximum of 400 Samoa citizens who will be allowed entry to American Samoa under the Entry Permit Waiver Program.

The Attorney General by memoranda may modify conditions of the Entry Permit Waiver Program for Samoa citizens as well as the EPWP list of countries.

EPWP ELIGILITY

The proposed new rule outlines what’s needed by a traveler to provide to be eligible for entry under the EPWP — such as valid passport, round trip ticket, and place of lodging while on island.

Additionally, traveler has not violated the laws of American Samoa, the country of origin or other jurisdictions which are cause for exclusion or deportation.

There is a processing fee of $40 and the traveler can submit payment and required documents to the Immigration Office or online link: https://www.legalaffairs.as.gov). This link already provides details and other information on the EPWP as well as the new proposed rule notice.

The proposed rule makes clear that: “Eligibility under the EPWP does not guarantee approval of an EPWP application or entry into American Samoa. Immigration officers may refuse entry at the port of entry based on American Samoa laws.”

“A traveler who poses a threat to the welfare, health, safety, or security of American Samoa will be denied entry and placed back on the arriving vessel to be returned to the point of origin,” it says.

The proposed rule also summarized “Permitted Activities” under the EPWP for travelers to the territory for business and/or tourism. There’s also example of “prohibited activities” — such as employment — as well as penalties for violating the proposed rules.

OTHER ISSUES

A copy of the proposed rules is available and may be picked up at the Office of the Attorney General, ask for Tuu Farani, at the Third Floor of the A.P. Lutali Executive Office Building, or it may be downloaded from the American Samoa Government website (www.americansamoa.gov or the Department of Legal Affairs website (www.legalaffairs.as.gov)

 Interested persons may submit written comments on the proposed administrative rules to the Office of the Attorney General on or before Sept. 26, 2023.