No Samoa “clearance” needed for their businesses to open here

Pago Pago, AMERICAN SAMOA — The American Samoa Government has dismissed claims by Samoa Minister of Works Transport and Infrastructure Olo Fiti Vaai of “talks” about businesses in Samoa requiring a “clearance” from their Ministry before applying for a business license in the territory.

This was confirmed by the Director of Commerce, Petti Matila in response to Samoa News queries.

The Minister told Radio Polynesia that the Atoa o Samoa talks held in July in the territory was a success and that one of the concerns raised, is the number of construction companies from Samoa looking at establishing businesses in American Samoa.

 “Any company from Samoa that is looking at establishing a business in American Samoa will have to go through his Ministry, for a recommendation, with that, the business cannot apply for a license to operate in the territory, but this is just part of the Talks,” he told Radio Polynesia.

However Matilla said no agreement has been reached in this matter.

 “We do not have any agreement in place for such. Any business that wants to set-up in American Samoa can apply directly to DOC for a business license to operate locally.  We do not require any clearances from outside parties in our process.”

Adding that anyone who wants to do business in American Samoa must apply for a business license at DOC regardless if it's a construction business or a small business in Samoa that wishes to establish a branch in the territory.

According to the Department’s website, businesses operating in American Samoa are regulated by several different agencies, boards, and commissions depending on the business activity, location, and citizenship. 

“It is the responsibility of the business owner to know and comply with any special business regulations.

 “All business licenses expire at the end of the calendar year and must be renewed annually. 

“Our business license renewal period is from October 1st to December 31st.  “Businesses that have not renewed by January 1 will pay an additional late fee with the Department of Treasury.  Failure to renew by January 31 will result in the suspension of your business operations until the appropriate license is obtained.”

There are different types of businesses and sole owners must be a U.S. National or US Citizen.

“If going into business as a partnership, you will need a notarized and registered partnership agreement and if its a local corporation, articles and certificate of incorporation is required and if its as a foreign corporation (any corporation that is organized under laws other than the laws of American Samoa), a  Permit to Transact a Business (PTB) is required, along with the articles and certificate of incorporation.

 “If going into business as an LLC (limited liability company), you will need an LLC Certificate, along with your articles and certificate of incorporation. If going into business as a non-profit corporation, you will need a non-profit corporation certificate, along with your articles of incorporation.”

Non-U.S. Nationals or Citizens that are a part of a partnership or corporation must provide an immigration clearance and personal financial report.