Prime Minister, Tuilaepa Sa’ilele Malielegaoi, pulled the pin to kick-start the 2014 Samoa International Game Fishing Tournament.

Tuilaepa, who is also the Minister of Tourism, was among a sizable crowd at Matautu yesterday to send off the anglers for the first day of fishing.

The tournament was officially opened last Saturday.

Last Saturday, the president of S.I.G.F.A, Tuatagaloa Alfred Schwalger, welcomed the overseas anglers in Samoa for the tournament.

There are six boats from New Zealand, two from American Samoa, with about fifteen local boats. The tournament will go on for a whole week. The open tournament continues today while Wednesday is a special day for women anglers.

Despite the rain yesterday, there were some great catches. One of them came from Francis Hansel, of the Fish Pirate Team.

He caught the fish in front of Apia using a 37kgs line.

Many other big fish were hooked and brought ashore.

For the winning team, the prize will be $15,000, second prize is $10,000, third prize is $7,500. The tournament is being run by the Samoa International Game Fishing Association (S.I.G.F.A).

The Association was established in 1996 when a group of passionate sports game fishermen initiated Samoa’s first Game Fishing International Fishing Tournament in 1996.

From its’ humble beginnings it has grown into a thriving sport which now attracts many local members and supporters from the public and private sectors, but also many visitors from aboard.

Here are some photos from the opening yesterday morning. Photos of yesterday’s catches will be published in tomorrow’s edition.

The Minister of Agriculture and Fisheries, Le Mamea Ropati Mualia, attended the Global Ocean Action Summit for Food Security and Blue Growth recently held in The Hague, Netherlands.

With a focus on the ‘Health of Oceans’, the meeting brought together a diverse range of stakeholders to identify solutions and success stories that reconcile competing interests and show how governance, partnership and financing can help scale up activities that result in shared prosperity around the world.

About 600 participants varying from Heads of Governments, Ministers and Secretaries, CEOs of national regional and international organisations, NGOs and members of civil societies attended the Summit.

The Summit identified key global challenges that are currently affecting our oceans today.

There was general willingness to move ahead from recognising the challenges to formulating concrete actions and developing and/or joining partnerships to help implement strategies to address the various array of issues/challenges identified thus far.

Partnerships that stress the importance of combined efforts to improve on the health and productivity of oceans bearing in mind the importance of sustainable growth and shared prosperity.

The Summit was divided in to various panel and working groups that consisted of representatives from participating nations and organizations.

These groups were tasked with formulating strategies and initiatives to assist Governments go forward in relation to the health and sustainability of our oceans.

Examples of such initiatives were integrated approaches, governance, public – private partnerships, investments and research and development innovations.

The importance of working towards the next frontier of successful integrated approaches that may attract public – private partners and assist with securing financing that becomes a catalyst for good ocean governance was also identified and discussed.

In the area of fisheries, the importance of local community participation in implementing sustainable growth for fisheries stocks and enhancing of food security initiatives was emphasized.

Focus was also placed on the importance of reducing and removing of Illegal Unregulated and Unreported (IUU) fishing activities.

Key partnerships between Governments, NGOS, Banks and Civil Societies were also identified as a key component in sustaining fisheries.

The Pacific Island region was well represented at the Summit. Solutions to the many challenges faced by Pacific States were identified and a call for more recognition of the efforts of the regional fisheries management organization (RFMO) and its ongoing efforts was put through.

The strengthening of the partnership with the development partners in the developed world was also encouraged by all Ministers’ in attendance.

Le Mamea was accompanied by the A.C.E.O of Fisheries.

First it was a lawyer, now it’s a doctor. The family of Tuala Piki and Karamellie Tuala celebrated one of their sons’ success in Fiji recently.

The occasion was the graduation of Peleitumua Piki Bede Tuala who has completed studies at the University of the South Pacific for a Bachelor of Medicine and Bachelor of Surgery.

“I thank our Heavenly father for giving me the wisdom and courage to strike for the best,” said Peleitumua I also take this opportunity to express a big fa’afetai to my families, friends, Carmelite Sisters in Samoa and Tonga, my parents Tuala Piki and Karamellie for their supports and prayers for me during my studies.”

Peleitumua reiterated that “success is a journey not a destination.”

“I know it was the Lord who helped me on this Journey so I could serve my people and I’m extremely grateful.”

Last month, Tuala Piki and Karamellie’s other son, Pete Tuala, graduated from the University of Waikato, New Zealand, with a Bachelor of Law.

Samoan artist, Aaradhna - whose Samoan roots are in Papa Sataua, Savai’i - had a very successful tour of Hawaii last week.

Aaradhna who is known as “New Zealand’s queen of soul,” and rising island reggae singer Sammy J had been selling out venues on a concert tour across the western United States over the past month.

Last week, the pair ended their U.S. tour with a couple of shows in Hawaii.

While she may be more unfamiliar to American audiences than the aforementioned teen sensation, Aaradhna has a beauty all her own, from her exotic Samoan-Indian features to her soulful music, a mix of old-school R&B and doo-wop.

“The music that I make is a lot of personal stuff, things that I’ve been through,” she said. “It’s just honest music.”

Aaradhna’s latest album, 2012s “Treble & Reverb,” earned her four awards at last year’s New Zealand Music Awards, including album of the year and best female solo artist.

Friday’s show at the Fix Sports Lounge and Nightclub and Saturday’s show on Maui was the Hawaii debut for Aaradhna, who at 30 has already been through some tough times in the music industry and come out better for it.

The eldest of five children, Aaradhna grew up in a busy household — one that was always filled with music.

Her father, who was born in India would sing at many Indian celebrations, such as Diwali, and birthday parties. Her Samoan mother wrote her own gospel songs and performed them in church.

“Music was pretty much alive at home,” Aaradhna said. “They’d make sure that we’d be soaked in it — both cultures.”

It wasn’t until she was around 10 years old that Aaradhna began listening to Englishlanguage music. As she developed as a singer, she was influenced by many artists, from 1990s R&B giants like SWV, Monica, Lauryn Hill and Boyz II Men, to classic performers like Sam Cooke and The Beatles.

Her love of R&B was at the forefront of her debut album “I Love You.” Released in 2006, the record was certified gold in New Zealand. Her music started to draw comparisons to another soul/R&B singer topping the charts at the time: Amy Winehouse.

Like all musicians, Aaradhna had her share of critics. She said her inability to deal with that and some personal issues caused her to go into a depression. While she did release an album in 2008, Aaradhna said she was essentially on a break shortly after the release of “I Love You” until 2011.

“I kind of just didn’t know where I was at the time,” she said, adding that during these down years, she began listening to doo-wop music and continued to write songs. “I just thought to myself, ‘Oh, I’ll just quit music,’ to not do it again.

“Back when I was younger, I was really sensitive. I couldn’t take criticism easy. It kind of put me off of wanting to do it. I got hurt pretty easily, so I had to step back a little bit and find the passion again to want to do it, just grow a thicker skin.”

Her newfound motivation, confidence and fight is evident in “Treble & Reverb,” with songs like the hit single “Wake Up,” a kicky anthem that implores to “stop wasting time.”

The singer’s emotions are particularly bare in the track “Sit with a Slouch.” The song is Aaradhna’s kiss-off to “haters” who have criticized her music and her look. (“They say she was pregnant, they say she was fat,” one verse starts.) She ends the song by emphatically proclaiming, “This is my life.”

On a lighter note, the album also includes a song called “Lorena Bobbitt.” The tonguein- cheek song about a woman wanting to take extreme revenge on her cheating lover wasn’t inspired by a personal experience –

“I didn’t chop anyone’s …” Aaradhna said, laughing — but by the singer’s love of crime stories.

“I just love reading up on people who have interesting stories, and Lorena Bobbitt was someone I thought would be interesting to write about,” she said. “And so I took some of her story and mixed in the topic of cheating. … It’s the psycho anthem.”

“Never ever in a modern democratic system is a Prime Minister a Minister of Finance. We are talking about two top portfolios. It’s all new for us” – Aeau Dr. Peniamina Leavai

The Acting leader of the Opposition, Aeau Dr. Peniamina Leavai, has sounded the alarm bells about Prime Minister Tuilaepa Sa’ilele Malielegaoi’s decision to become the Minister of Finance.

While the move is yet another first for the Pacific, Aeau claims that the rearrangement of Cabinet portfolios reflects the seriousness of Samoa’s “poor financial position.”

Speaking to the Samoa Observer, Aeau described the reshuffle as an “emergency case” since Tuilaepa, he said, knows the seriousness of the issues.

“I don’t mind him (Tuilaepa) taking over as the Minister of Finance,” he said. “But you can never find that in Commonwealth countries where a Prime Minister is the Finance Minister.

“Never ever in a modern democratic system is a Prime Minister a Minister of Finance. We are talking about two top portfolios. It’s all new for us.”

According to Aeau, the new set up is telling.

“In this case, yes it’s an emergency one,” he said. “(He, Tuilaepa saw) there is something wrong with the financial position of the country.

“One would say the Prime Minister thinks (the country is in) a big mess with a lot of money lost so he had to step in with his two feet.”

A’eau might accept the situation that the Prime Minister has fashioned, but he said he believes that a Prime Minister being a Finance Minister “doesn’t go together.”

“A Prime Minister is a policy maker and development need not be guided with the financial situation of the country,” explained Aeau.

“Now that he’s Finance Minister, he’ll be dealing directly with money and he’ll be responsible for accepting loans.

“In other words, he’ll be guided by the financial situation.”

So he would have time for his new role in Parliament, Tuilaepa has decided to hand over several of his portfolios to Lautafi.

These include the Public Service Commission, Samoa Land Corporation, Samoa Bureau of Statistics, Samoa Housing Corporation and Samoa Sports Facilities Authority.

Although the Prime Minister’s choice for the new Minister of Public Enterprises Lautafi Fio Selafi Purcell “shocked,” Aeau, he said he was in support of his appointment.

He said “the man he chose has experience from overseas and it was a good choice.”

However, the Acting Leader believes such appointment means the new Minister would be “remote controlled” by the Prime Minister.

Prime Minister Tuilaepa was not immediately available for a comment yesterday.

During the swearing in ceremony last Friday, Tuilaepa said Lautafi is from Salafai and it was “appropriately righteous” for him to join Cabinet after the resignation of the former Finance Minister, Faumuina Tiatia Liuga, who is also from Savai’i.

Giving several of his portfolios to Lautafi “to keep him busy”, the Prime Minister said will mean him having enough time on his hands.

“Plenty of time for me to be the Minister of Finance,” he said then. “There is nothing new it’s all old stuff,” he added. “You just need to know how to add and take away.”

Prime Minister Tuilaepa will have a lot on his hands. The reshuffle is made not long after the latest warning from the International Monetary Fund (I.M.F.) about Samoa’s "rising debt."

The I.M.F has urged the government to curtail the accumulation of any more debt. The warning followed a visit by an I.M.F. delegation to Samoa, led by I.M.F’s senior economist, Geoffrey Bannister.

"The Samoan government has reacted appropriately to increase expenditure for recovery and reconstruction in the face of recent external shocks, including the global financial crisis, the tsunami and cyclone," Mr. Bannister says.

"However, public debt has risen rapidly in recent years, raising risks to sustainability and leaving little fiscal space to address future disasters.

"It is thus necessary to begin a process of gradual fiscal consolidation, once the recovery has taken hold."

But Tuilaepa has dismissed the warning. "We have brains too," he said, assuring that there is nothing to be alarmed about.

"There are times when we have to use our brains too," Tuilaepa said. "We don't have to just swallow (whatever advice) is given. We have to use our brains and make a decision that best suits our situation."

Prime Minister Tuilaepa said it was not unusual for major financial institutions to issue such warnings.

As a matter of fact, he recalled that between 2003 and 2004, the I.M.F. issued a similar warning.

It called on the government to stop four major projects at the time.

These projects included the construction of the SamoaTel headquarters at Maluafou, Virgin Samoa joint venture, the construction of Aggie Grey’s Resort at Mulifanua as well as the construction of Development Bank Building on Beach Road.

"I looked at it (the warning) and I said to Cabinet to go ahead (with the projects)," he said. "We have brains too."

The Prime Minister reiterated that it is not the amount of a country’s debt that its leaders should be worried about. Rather, it is a country’s ability to service the debt.

In Samoa’s case, he assured that Samoa’s debt service capacity is stable, saying the country is generating more than enough revenue to sustain the debt.

The latest warning from I.M.F follows a World Bank prediction that Samoa’s debt to Gross Domestic Product (G.D.P) ratio is expected to hit the 65 per cent mark in the next fiscal year.

According to the World Bank, public debt to G.D.P. ratio has increased from 34 per cent in 2007-2008 to 62 per cent in 2012-2013, shifting from moderate to high risk of debt distress.

The future of staff at the Samoa Port’s Authority (S.P.A.) is in question with a Select Parliamentary Committee reporting that S.P.A. has resolved to “dismiss unproductive staff.”

In its Report on the Annual Report of the Samoa Ports Authority for the Financial Year ending June 30 2011, the Works, Transport and Environment (W.T.E.) Committee also called out S.P.A. for “wasting money on unnecessary developments irrelevant to the service provided.”

The Committee in question is chaired by Falealili M.P., Tusa Misi Tupuola.

“The Authority has resolved to address this (staff) issue and they are prepared to utilise the staff wisely, carry out staff trainings (and) dismiss unproductive staff,” the report reads.

“The Committee notes that it is because of the current issues experienced that dismissing of staff is an option. The Committee believes that this is a sensitive issue and it is an appropriate solution to the problem.

“The source of the inefficiencies is a result of poor management and it seems that the staff will have to pay for this. “The Committee feels that the Management should thoroughly revise the proposed solutions to the problems and how to solve them in an appropriate way.”

In its report, the Committee also notes the considerable number of planned projects that resulted in the increase in borrowing, which in turn affected the Authority’s operational performance.

“There has not been a satisfactory return on assets to repay the borrowed funds,” The Committee says.

“The Authority is currently considering resolutions to these financial and performance issues.” In general, the Committee noted that the operation of the Authority in the previous years was seriously affected by limited finances and a decrease in the number of container vessels docking in Samoa.

“Only one vessel docked at the wharf per month in the past years,” according to the Committee.

“Presently, there is an increase in the vessels calling into our port. Cruise Ship numbers has (sic) shown a steady trend and the number’s calling into port are agreeable.

“An issue at the moment is the overspending on the renovation of the tugboat that is currently dry-docked.” The Committee reports that the Authority carried out an internal investigation and found there had been a decrease in revenue generated.

“This is the current area of focus at the moment,” the Committee says. “One resolve has been to revise lease agreements of the Authority’s land and assets. “Leased land includes the land being used by the Ministry of Revenue at Matautu, the land at Matagofie, the Mariner, land being used by other freight companies and other areas in the rural areas.” The Committee reports the main areas of concern, which needs improvement, are the Authority’s returns to repay loans and the promotion of services to attract vessels to dock in its port.

“The Authority has prepared its Improvement Plan to guide their efforts in addressing the current operational and financial issues,” according to the report.

“The Committee believes that the main responsibility of the Authority is to provide and establish a safe and secure port equipped with necessary cargo handling facilities.”

Also during its investigations, the Committee noted that during this Financial Year, an excess of staff was contributing to overspending.

“This issue is evident to the new Management and the Cabinet,” says the Committee. “Compared to previous year’s performance outputs, there has been a decrease, for instance at the Aleipata wharf.”

At the conclusion of its report, the W.T.E. Committee made six recommendations to Government.

“Focus and uphold the Authority’s main legal obligations to save funds being expended on unnecessary developments irrelevant to the service provided,” the Committee recommended.

“Revise the Authority ’s lease agreements of its land and assets to ensure a modest return on assets.

“Assist the Authority financially in repaying loans because of the current unstable state of their returns.

“Consider appropriate options for instance the leasing of the slipway to freight companies to utilise the Satitoa Slipway to assist with return on assets.

“Increase the return on passenger fares travelling via the Mulifanua to Salelologa wharves and vice versa from .50sene to SATS2.00 “Purchase a dredge as was recommended in the previous Committee Report.”

In addition to Tusa, the W.T.E. Committee comprises of Deputy Chairman, Afoafouvale John Moors and Members, Levaopolo Talatonu, Lealailepule Rimoni Aiafi, Peseta Vaifou Tevaga, Toeolesulusulu Cedric Salesa Schuster and, Fagaaivalu Kenrick Samu.

The Report reads in full below:

1. RECOMMENDATION

The Works Transport and Environment Committee recommends that the Assembly take note of its Report.

2. PREAMBLE:-

The Works, Transport and Environment Committee is constituted under the provisions of Standing Order 176:

3. STANDING ORDER 176

As prescribed by Standing Order 176, it shall be the responsibility of the Committee to:-

a) Consider any Bill, petition or other matter referred by the Assembly pursuant to these Standing Orders; and any such Estimates or Review of Ministerial performance as may be referred by the Finance & Expenditure Committee;

b) To examine the policy, administration and expenditure of the Ministries and associated government organizations related to construction and development, transport and transport safety, energy, conservation, environment, land information and surveying.

4. PAPER CONSIDERED:- P.P. 2012/2013 No. 71 - Annual Report of the Samoa Ports Authority Financial Year Ended 30th June 2011. 5.

WITNESS:

- During the course of its investigations, the Committee was able to hear evidence submitted by Samoa Ports Authority: Tufuga Fagaloa Tufuga - Chief Executive Officer Fepuleai Arthur - Manager, Finance Division Tuaiaufai Asalemo Fuimaono - Assistant Chief Executive Officer

6. FINDINGS - The performance outputs of the Samoa Ports Authority are guided by their legal obligation. A slight decrease in the performance outputs for the reported Financial Year has been attributed to: -

- Limited funds and; - Extensive planned projects The considerable number of planned projects resulted in the increase in borrowing which affected the Authority’s operational performance. Also, there has not been a satisfactory return on assets to repay the borrowed funds.

The Authority is currently considering resolutions to these financial and performance issues. In general, the Committee has noted that the operation of the Authority in the previous years was seriously affected by limited finances and a decrease in the number of container vessels docking in Samoa.

Only one vessel docked at the wharf per month in the past years. Presently, there is an increase in the vessels calling into our port. Cruise Ship numbers has shown a steady trend and the number’s calling into port are agreeable.

An issue at the moment is the overspending on the renovation of the tugboat that is currently dry-docked. The Authority carried out an internal investigation and found that there has been a decrease in revenue generated.

This is the current area of focus at the moment. One resolve has been to revise lease agreements of the Authority’s land and assets. Leased land includes the land being used by the Ministry of Revenue at Matautu, the land at Matagofie, the Mariner, land being used by other freight companies and other areas in the rural areas. The main areas of concern which need improvement are the Autl1ority’s returns to repay loans and promotion of our port services to attract vessels to dock in our port.

The Authority has prepared its Improvement Plan to guide their efforts in addressing the current operational and financial issues. The Committee believes that the main responsibility of the Authority is to provide and establish a safe and secure port equipped with necessary cargo handling facilities. Also during its investigations, the Committee noted that during this Financial Year, there is excess staff which is contributing to overspending.

This issue is evident to the new Management and the Cabinet. Compared to previous year’s performance outputs, there has been a decrease (for instance at the Aleipata wharf).

The Authority has resolved to address this issue and they are prepared to:

- Utilize the staff wisely;

- Carry out staff trainings;

- Dismiss unproductive staff The Committee notes that it is because of the current issues experienced that dismissing of staff is an option.

The Committee believes that this is a sensitive issue and it is an appropriate solution to the problem.

The source of the inefficiencies is a result of poor management and it seems that the staff will have to pay for this. The Committee feels that the Management should thoroughly revise the proposed solutions to the problems and how to solve them in an appropriate way. Summary of Samoa Ports Authority Assets:

- Dredges: These were once revenue generating assets however the Authority has stated that the dredge at Mulifanua is currently out of order. Plans to dry dock the dredge have been suspended for now as the oil in the dredge can seep and have dire effects on the environment.

The Authority is still working towards pumping the water out to enable the dry docking of the dredge. A decision will then be made whether to sell the dredge or find another use for it. - Satitoa Slipway: The feasibility study of this development is incomplete.

The Authority is currently looking at companies to lease this slipway long term to assist with returns on assets. Although the building is worn, the slipway is in good condition. There are many slipways that do not have buildings.

- Matagofie: The Authority has decided to review the lease agreement of this land as the term of lease is nearing expiration and construction work on the proposed Hotel has not begun. One of the options for the use o the land at Matagofie is for safe and secure storage of containers owned by freight Companies leasing the Authority’s land.

- Matautu Wharf: Lease agreements for the Matautu wharf are now being revised.

The Ministry of Revenue and Freight Companies are amongst those leasing the Matautu wharf for storage of their cargo and containers. -Marina: -Floating Restaurant: These are other developments by the Authority that have not achieved its initial purpose.

This is also a contributing factor to the depreciation in the returns on assets as funds have been spent on these developments.

6.1 VISIT:

i. Upolu:
The Committee was able to carry out a visit of the Matautu wharf on the 21st May 2013.

In the end of the year 2013, overseas specialist visited our wharf to assist with maintenance of our wharf. There is a proposal to rebuild another wharf in the future replacing the current wharf which was established in 1966. When this proposal is approved, $60million will be needed to fund this project.

This international wharf at Matautu is the only source of income for the Authority. The Samoa Shipping Services is generating revenue from the Salelologa wharf but the majority of the income is being used to maintain the facilities and buildings at the wharf.

For this service, the Authority is only receiving profit of .50sene per passenger. The fare for travelers travelling between Mulifanua and Salelologa has increased but the income generated is still the same.

A proposal is being prepared for the Cabinet to purchase a tugboat to replace the old tugboat. The defective tugboat Tava’e has been sunk in the ocean near the Faleolo Airport, the tugboat Tafola is in need of repair work and the tugboat Atafa is currently under renovation.

7. COMMITTEE ACKNOWLEDGMENTS:-

The Committee expresses its gratitude to the Board of Directors and the Management of the

Samoa Potts Authority for the proposals and programs laid out for improvement to the service offered. We also acknowledge their efforts in finding revenue generating options to carry out these projects.

We also thank the CEO and the staff for their support during the Committees investigations in its attempts to compile this report.

8. RECOMMENDATION:- At the conclusion of its findings, the Committee recommends that the Government — 1. Focus and uphold the Authority’s main legal obligations to save funds being expended on unnecessary developments irrelevant to the service provided.

2. Revise the Authority’s lease agreements of its land and assets to ensure a modest return on assets.

3. Assist the Authority financially in repaying loans because of the current unstable state of their returns.

4. Consider appropriate options for instance the leasing of the slipway to freight companies to utilize the Satitoa Slipway to assist with return on assets.

5. Increase the return on passenger fares travelling via the Mulifanua to Salelologa wharves and vice versa from .50sene to SATS2.00

6. Purchase a dredge as was recommended in the previous Committee Report.

9. RESOLUTION:-

At the conclusion of its considerations, the Committee resolved to recommend that the Assembly:-

Approve P.P. 2012/2013 N0. 71 Annual Report of the Samoa Ports Authority for the

Financial Year ended 30th June 2011. TUSA Misi Tupuola CHAIRMAN

A 44-year-old man has been jailed for life by the Supreme Court for killing two men in their sleep at the beginning of the year.

In the Supreme Court on Monday, Sua Mapu Pepa, pleaded guilty to two charges of murder.

Chief Justice, His Honour Patu Tiava’asu’e Falefatu Sapolu, immediately sentenced him to life in prison.

Pepa was arrested by Police after the killing of two men in the village of Ulutogia in Aleipata.

The three were involved in a dispute over land.

Pepa appeared for mention but that hearing was adjourned to allow him to find legal representation.

The defendant did not have a lawyer to represent him and he entered a guilty plea.

Pepa killed a 41-year-old married man with three children and a 27-year-old man also married with a child following an argument between the three men.

Prior to the sentencing, Pepa had been remanded in custody.

The driver of the bus washed off a ford at Lano last year, killing two young children, was back in Court yesterday.

This time, Moe Iosua, is appealing the decision handed down by Supreme Court Justice, His Honour Pierre Slicer in November last year.

The bus driver from Fagae’e and Vaitelefou was sentenced to 11 years in jail. Mr.

Iosua’s appeal is one several cases being dealt with by the Court of Appeal sitting this week. Justice Fisher, Justice Hammond and Justice Blanchard are presiding.

Mr. Iosua was represented by lawyers Alex Su’a and Lagi Tuioti, of Vaai, Hoglund, and Tamati Law.

Lawyer Precious Chang is representing the Attorney General’s office.

In his submission, Mr. Su’a asked the Court of Appeal to consider a ifoga (traditional apology) conducted as a mitigating factor for the defendant.

He pointed out that the ruling from Justice Slicer did not put any weight on the fact that there was a ifoga.

In Slicer’s ruling, he said “there has been no ifoga by him (Moe Su’a) personally or reconciliation with the defendant”.

Further, His Honour Slicer said, “the Mika family who owns the bus has apologized and the victims have accepted that ifoga.

“Mika presented a traditional Samoan apology which has helped the hearts of the families of the victims. Any offers by the defendant has been rejected by the families.”

Justice Slicer’s claim in his ruling was supported by Ms. Chang.

She disputed the submission from Mr. Su’a.

“A ifoga is an act of reconciliation and putting themselves to humiliation and humility so they can live in peace,” she said. “The (bus) company did a ifoga and tried to make peace with the family.

“The employer (Moe Iosua) did not do a ifoga to the family.”

Another ground questioned by defense lawyer, Mr. Su’a was the “indefinite disqualification” of the defendant’s license.

He told the Court the “indefinite” disqualification means it will discard the defendant’s “qualification and skills as a bus driver”.

However, Justice Blanchard disagrees.

“Indefinite disqualification doesn’t mean you can’t get it back,” he said. “It’s not a life sentence…indefinite in a way that there is no particular period (given) but doesn’t mean you can’t get it back.”

Mr. Su’a said indefinite gives him the impression that it is confiscated (for life).

Justice Blanchard pointed out the law “allows the disqualified person to apply to Court.

“It’s not as bad as you thought,” he said. Lastly, Mr. Su’a referred to the Victim’s impact assessment report.

He said Justice Slicer, placed “considerable weight on the victim’s impact report”. “There’s a significant referral of sentencing Judge to the victim’s impact report,” argued Mr. Su’a. “To us it is more than moderate.” But Justice Blanchard disputed the ground.

“I don’t agree with you,” he said. “I don’t think he did…I think he setup what victims said so they don’t feel what they said is being ignored.

“Here he (Slicer) said, the incident was a combination of stupidity, arrogance and reckless conduct makes up the crime. “He didn’t go any further than that, and I don’t agree with you that he gave a lot of weight on the report.”

The decision from the Court of Appeal is reserved for Friday.

Mr. Iosu’a had previously pleaded guilty to two crimes of manslaughter contrary to the Crime Act 2013, section 102 and 108.

Concurrent charges comprised in Informations S1503, S1558, S1562 and S2384 of 2013 were withdrawn and are dismissed.

“Doctors found bruises on his stomach, at the back of his neck and his ears.”

A 58-year-old man from the village of Lotofaga Safata died from head injuries last Thursday after a drinking session turned horribly wrong.

The incident was confirmed by the Acting Police Commissioner, Fauono Talalelei Tapu, yesterday.

Fauono also confirmed that a 31-year-old male from Lotofaga, Safata, has since been charged with murder.

He is in custody. According to the Acting Commissioner, the tragedy happened while the deceased man and the accused were having a drink.

“On Thursday night, the two were having a drink up at the place of the man who has been accused,” he said.

“Later, the deceased man started swearing.”

The Police have found that the accused retaliated violently.

“The accused started hitting the deceased with a tree branch,” he said.

“When the victim was taken to the Poutasi District Hospital at 11.30pm, he was already dead.

“Doctors found bruises on his stomach, at the back of his neck and his ears.”

The accused man is scheduled to appear in Court on 15 May 2014.

To better engage and support Pacific Island Nations, a high level United Nations (U.N.) Executive Board is in the region for the first time.

Eleven members of the 36 member joint Executive Board of the United Nations Development Programme (U.N.D.P.), UN Population Fund (U.N.F.P.A.) and the U.N. Office for Project Services from the Permanent Mission of U.N. Member States spent time in both Fiji and Samoa during their visit.

According to the U.N, the purpose of the Executive Board’s field visit is to enhance their understanding of the extent and ways in which UN organisations, in particular U.N.D.P. and U.N.F.P.A., position their engagement with the Pacific Island Countries and Territories, in this case a Small Island Developing State (S.I.D.S.) such as Samoa.

“The visit is timely given the upcoming Third U.N. International Conference on S.I.D.S., scheduled to be held in Apia, Samoa from 1-4 September 2014,” the U.N. says.

“The conference is considered an historic opportunity for Pacific S.I.D.S. to shape a common development agenda tailored to their unique development challenges as small island nations with a vast ocean with untapped resources that are being noticed by bigger nations.

“The Conference also presents an opportunity for the Pacific to contribute to global forwardthinking on the sustainable development agenda beyond 2015, the target year for achievement of the Millennium Development Goals.”

At a reception held at Sails Restaurant and Bar on Monday night, the Ambassador Extraordinary and Plenipotentiary Permanent Representative and President of the UNDP/UNFPA/ UNOPS Executive Board, Peter Thomson, said his Executive Board had a US$7 billion spend.

“We have a $7 billion US spend a year and as you know there are seven billion human beings on this planet that $7 billion doesn’t really go a long way, that is a dollar per person if you do the math,” he said.

“But we are wanting to see that the S.I.D.S. category, and in this case the Pacific S.I.D.S., are being looked after under those activities that come with that $7 billion dollar annual spend.”

The U.N. says that during their visit to Samoa, the Board members will be able to see directly some of the challenges and opportunities for U.N.D.P. and U.N.F.P.A. “They will interact with key Government and non- Government stakeholders as well as U.N. partners and will be briefed on U.N.D.P.’s support to youth and gender empowerment,” according to the Agency.

“The delegation is also expected to meet with the Secretariat of the Pacific Regional Environment Programme’s top management who is partnering with U.N.D.P., the U.N. Environment Programme and the Food and Agriculture Organization under the Global Environment Facility on an integrated approach to Climate Change and Disaster Risk Management.”

Samoa citizenship could soon be up “for sale” for as much as $1,000,000 tala.

What’s more, it appears that even this price tag is negotiable.

That’s what Prime Minister Tuilaepa Sa’ilele Malielegaoi’s government is proposing through a draft legislation titled “The Citizenship Investment Bill 2014.”

Through the bill, a citizen from any country who is willing to invest a million tala in Samoa – after a series of checks outlined in the Bill – could become a citizen three years after.

Eventually, he/she can own land.

This prospect – including the possibility of bringing in an investor’s spouse, children and immediate relatives - has raised the ire of prominent lawyer, Leota Raymond Schuster.

Contacted by the Samoa Observer for his views on the bill, Leota drilled a number of holes in what he called an “extreme” piece of legislation.

“It is unfortunate that the government is resorting to this in order to generate income,” he said.

“Because that is the only purpose for it, is to generate income for the government."

“It is extreme – we don’t need it so long as government makes sure that its arms are efficient, which they are not."

“If Inland Revenue and Customs are properly collecting revenue, then there is no reason why we need to rely on that (the Bill)."

“But (they) are probably only collecting 60 per cent of what they should be. We don’t need to reinvent the wheel, we just need to be efficient at it.”

Leota said the fact that the government thinks they need to resort to rich people to bail Samoa out of its financial woes was unfortunate.

“We are already held ransom by China and the ADB (Asian Development Bank) and the World Bank,” Leota said. “Soft loans they may be, but they are still loans.

“My kids’ kids will be paying for that and this is not going to bail us out. This is going to imprison them for another many more years because only the rich people will be able to buy everything up.”

So how much is the Government selling off pieces of Samoa for?

According to the Draft legislation, “For investment on freehold land or lease of Government land” the investor must invest a determined amount in buying or developing the freehold land or lease of government land over a period of five years from the date of application.

“The determined amount under subsection one is $1m if no amount is determined under subsection 23,” the Draft Act reads.

However, it appears this number of $1,000,000 can be adjusted at the “Minister’s” discretion.

While the Act states that the amount should not be less than one million, “A determined amount under section 6(1)(b) may specify different amount that applies to different types of qualifying investments”.

“In determining an amount under this section, the Minister may impose other conditions or take into account any prescribed requirements,” the Act reads.

“Minister may approve forms for this Act.”

Looking at the Bill, Leota said it must be tidied up if it is to achieve what it is meant to.

“For example, I suppose in terms of the government’s position the amount is important what amount that should be set is a minimum amount. In terms of the word investment that is added in there so obviously the government is looking for money but you know anyone can afford a million tala good and bad.”

“So the process for due diligence and ensuring that the right investors are attracted is important. There is nothing in here securing and identifying genuine investors that want to invest in a developing country.”

“And it could be tied in with this is one opportunity money laundering and that sort of thing might come in be concealed under this sort of an investment so there is more work to be done to ensure that that doesn’t happen.”

He said just briefly looking at the legislation on the face of it, the way the Draft Act is written, he does not believe there is enough in it to ensure that this happens.

“There certainly should be more identifying if you are doing due diligence, and obviously they are going to have to engage someone overseas to do the due diligence work, then you have got to do due diligence of the people who are going to do the due diligence, make sure that they are genuine there not easily bought as well in terms of doing their due diligence.”

“Ensuring that the correct information is achieved, to make sure that we don’t get the drug smugglers and the money launderers washing their money through this sort of investment.”

“So the process about due diligence is quite important and ensuring the persons doing the due diligence are credible and that they have a reputable reputation.”

“Otherwise anyone can be bought for a million – a million tala is what these people are now bought with just to provide credible information so they can get a foot into an area where (there are) maybe lucrative investments.”

He said the first thing he would do to the Draft Act, would be to take free hold land out all together.

“I would take freehold (land) out of it …lease (land) yes but not freehold,” said Leota.

“But I wouldn’t sell, I wouldn’t sell Samoan land in this sort of a manner.”

“If investment, then yes invest in the use of freehold land to encourage people who have freehold land to put it up for agriculture put it up for whatever useful purpose it could be used for.”

“I wouldn’t sell free hold land in this sort of a manner it’s dangerous.”

“We are talking about people with potentially a lot of power and a lot of money that can buy up acres and acres of free hold land.”

“But once you sell land that is it – that is the investment in itself.”

“So you cant get it back unless the person you sold it to decides to sell it back to you, and they are not going to sell it back to you for peanuts they want to recoup their money.”

“So we sell it to them for millions and they want to make an extra buck on top of that.” “I would take that (freehold land) off…its dangerous, dangerous ground.”

Leota also questioned the function of the Citizen Investment Committee, of which its functions are listed under Part 3 of the Draft Bill.

He said he could not understand the function of such a Committee when much of the legislation, such as how much money was to be invested, was left to the Minister.

“It is a contradiction,” he said. “The problem there is that there is a Committee, I don’t know,” he said.

“Why have a Committee and then have the Minister who has the discretion? That seems to be a contradiction in itself.”

“If you have a Committee then the Committee is supposed to be that body makes the determination.”

“But then they have the Committee and then they have a separate provision for the Minister to have a discretion, it doesn’t make sense.”

“So either you give the Committee the power or you take away the Committee and then the Minister has all the power, which is open to abuse.”

The way citizenship was handled was in the Draft Act also did not sit well with Leota.

According to the Act after three years of being a permanent resident the investor and family members are eligible to apply for citizenship.

“Within 3 months before the expiry of the investor’s permanent resident permit, the investor, including any family member, may apply in person or through the person’s agent for citizenship by permanent residence pursuant to section 8 of the Citizenship Act 2004, if the investor has resided in Samoa for at least 15 days a year during the 3-year period of the permanent resident permit,” the Draft Act reads.

“And has complied with the investment plan to the satisfaction of the Committee; “Has complied with any other prescribed requirement.” According to the Draft Bill Citizenship is conditional, subject to a five-year investment period, and can be cancelled.

Leota said the term of five years set out appears to be contradictory for the purpose of the investment.

“So if you want someone to invest and become a citizen you don’t place condition on that citizenship either you are a Samoan by virtue of your investment therefore you obtain citizenship or you are not,” he said.

“It says here that it is only five years. It expires after five years and then you have to reapply for it.”

“That might not be attractive that might not meet the purpose of the investment.”

“So it might not happen at all given that that might not be sufficient time for a person to invest.”

Looking at the provision to cancel citizenship, Leota said this was not an easy thing to do.

The Draft Act says that citizenship may be cancelled if the investor fails any one of seven clauses listed (see Draft Act below).

Leota said he found the provisions on the cancelation of citizenship interesting.

“If someone cancelled my Samoan citizenship and said you are not now a Samoan – what then becomes of that person, that person who is here in this country?” he asked. “You cancel the passport that person then can’t travel and that person remains here.”

“Unless that person claims their original citizenship which could be the U.S. or Russia or the Ukraine.”

“They might just tear up their other passports and throw them in the rubbish and therefore they become non status here.” “So it is not as easy as it sounds. When you cancel it…you are left with an undesirable immigrant.”

“So it is not covered properly, its messy as it is so that is interesting part about it.”

“They need to sort it out whether a person is going to be a citizen or not once they have made an investment.”

“That is the attractive part about it (investing in Samoa) is that they become citizens.”

“If they are met with conditions then obviously the investor might not be that attracted to come here if he is offered something more attractive somewhere else.” Leota said, at the end of the day if the Government has the support to pass the Bill, it does not matter what we say about it.

“I would rather see a tidying up of the legislation if it is going to happen,” he said.

“Making sure that it meets the purposes as you the selling of Samoa to the highest bidder.”

“(And) if that is where the Government is going then they had better make sure that the act is tight so that we don’t relinquish the control of it (Samoa) to the high powered rich that have all the money to buy anyone off.”

“It is interesting having just a brief look at the provisions just now, just on the face of it I think there is more to be done.”

“I think there are insufficient provisions in the legislation to meet what purpose the Government wants to achieve but also to ensure that it secures the rights of Samoan citizens and not open it up to abuse.”

“I wouldn’t put my name on it until I was satisfied it would meet somebody’s purposes its sufficient to ensure that there is a fair go for everyone.”

The Attorney General, Aumua Ming Leung Wai, was contacted via email for comment.

He had not responded to the questions put to him at press time last night.

Letters from Samoa's Prime Minister, the Speaker of the House and Police chief described Seti as a "great asset to Samoa", and said his absence had already been heavily felt

Prime Minister Tuilaepa Sa’ilele Malielegaoi made a plea for leniency for a man who avoided a rape charge for eight years after fleeing New Zealand for Samoa while on bail.

Fatu Seti was sentenced by Judge Grant Fraser in the Auckland District Court on Tuesday for four years and 7 months in prison. He had been found guilty by jury trial of the rape of a 19-year-old woman on Waiheke Island.

Seti was arrested and charged with the 2005 rape but fled to Samoa while on bail by dressing as a fa'afafine and taking out a passport in a different name.

He lived in Samoa for the next eight years, where character references presented in Court said he led an exemplary life promoting the country through his work as a fire dancer and as co-owner of a resort.

Seti was extradited last year.

Letters from Samoa's Prime Minister, the Speaker of the House and police chief described Seti as a "great asset to Samoa", and said his absence had already been heavily felt.

The PM's letter asked the judge to be lenient:

"I pray for a more lenient sentence that may allow him to return to Samoa as has been the practice by the courts in the past."

But Judge Fraser said during sentencing that Seti fleeing to Samoa was an aggravating factor.

"Trial was delayed by many years with the need for extradition and the delay has been highly impactive on the complainant."

He said rape was always a serious, violent offence.

"The psychological impact of this offending will stay with the victim probably for the rest of her life."

The judge said the complainant had accepted a ride home about 2am after a night out in September 2005, and ended up sleeping in Seti's bed.

About 7am she woke to find Seti having sex with her. She told him "No" and to get off her.

"You then got off her without a word and went and lay on a nearby couch," the judge said.

The complainant, now 28, said after the incident she had self-harmed, began drinking a lot and got into trouble with the police.

"Seti's lack of remorse had made it difficult to start the healing process," she said.

"I've been living with this for the last nine years and I was finally able to see justice done."

In sentencing, Judge Fraser took a starting point of six years, added an uplift of seven months for Seti fleeing, a discount of four months for the time spent on electronic bail, and six and a half months for remorse and good character.

He said Seti would likely be extradited back to Samoa after his release.

Outside court, defence lawyer Shane Tait said Seti was arrested two days before he was due to fly to New Zealand to hand himself in.

Asked why he had avoided facing the charge until then, Mr Tait said it was "just head in the sand for a few years".

Fatu Seti
• Married with a son. 
• Co-owner of Le Vasa resort in Apia. 
• Matai (chief) of Sale’imoa village. 
• Convicted of 2005 rape of 19-year-old. Friends in high places Letter from Prime Minister Tuilaepa Fatialofa Lupesoliai Sailele Mailelegaoi: 
• Seti is a "great asset to Samoa". 
• Has been involved with the tourism industry for more than 25 years, and promoted the country. 
• His absence has been heavily felt already.

The Land and Titles Court welcomed two new Judges yesterday.

Former Assistant Police Commissioner, Leaupepe Fatu Pula and Tiatia Faleupolu Tevita took their oaths to serve Samoa with honesty and intergrity.

The ceremony was attended by Prime Minister, Tuilaepa Sa’ilele Malielegaoi, Members of Cabinet, judges, friends, colleagues and relatives.

Leaupepe and Tiatia were chosen from a shortlist of 18 applicants.

There were initially 100 people who applied. Chief Justices Patu Tiaavasue Falefatu reminded the new Judges about the importance of their roles.

“Your positions as Land and Title Court judges come with great responsibility,” he said.

“You must be fearless in your judgment and do what is right.”

His Honour Patu warned that there would be times when they would face challenges and questions of conflict of interests in what they do.

“But do not lose faith in what you have been tasked to do,” he encouraged.

From Gatavai Palauli, Savai’i, Tiatia was thankful.

“I feel very happy and I just want to thank God for blessing me with the new role,” he said. “I will do my work with honesty, truthfully just like we vowed today.”

Tiatia was a former employee of the Ministry of Agriculture and Fisheries. Leaupepe Fatu Pula needs little introduction.

“My appointment is a continuation of my service to our country,” said the former Assistant Police Commissioner.

“I have done my part with the police force now its time for me to move forward.”

Leaupepe, 54 years old, is from the villages of Sale’imoa and Fasitoo-uta.

He is married to Samaria and has seven children.

“As the American Historian Henry Brookes Adams said in the late 1800s – 'a teacher effects eternity – he can never tell where his infl uence stops'. Mr. Pat Buckley this encapsulates you and the tautua you have given to the world of education and all the young lives you have touched”

Long-serving teacher and lecturer, Pat Buckley, was appointed as the patron of the Martin Hautus Institute of Learning Samoa in a ceremony held last week.

In his tribute to Mr. Buckley, Pulotu Selio Solomon, the Chief Executive Officer of Martin Hautus N.Z. said the decision was taken because of his outstanding service to education and the people of Samoa.

“Mr. Buckley’s love for Samoa has been immense in teaching at Samoa College, Fa’atuatua College, Samoa Primary School, principal at Robert Louis Stevenson Primary School, but better known as the science, chemistry and English lecturer at NUS, Pat has been in Education for over 60 years in which around 30 of those years have been here in Samoa."

“As the American Historian Henry Brookes Adams said in the late 1800s – 'a teacher effects eternity – he can never tell where his influence stops'.

Mr. Pat Buckley this encapsulates you and the tautua you have given to the world of education and all the young lives you have touched," he said. In his response, Mr. Buckley expressed his surprise at being asked to be patron.

“The normal custom is to ask a prominent citizen such as a Prime Minister, Archbishop or Head of State. I finally accepted, willing because it enables me to continue an interest in education.”

However, he agreed he had been involved with many new and existing schools and institutes in the past.

“If I can be personal for a moment, we all have a driving force to be successful. My driving force is to develop talent, whether it’s spiritual, intellectual, musical or physical."

“I am not a keen poetry reader but one of my favourite poems is “Eulogy written in a country churchyard” by Thomas Gray.

The poet visits a country cemetery and reads the tombstones. A terrible thought comes to his mind. What if people have a chance to develop their talent in cities or towns. It is expressed this way; “Full many a flower is born blush unseen ... And waste its sweetness on the desert air”

"I hope that the students of Martin Hautus Institute blush and do not waste their sweetness, that their talents will be developed," he concluded.

The Institute's purpose is to provide quality education and training and to offer opportunities to prospective learners.

The Institute acknowledges the importance of necessary and transferable skills and knowledge and the development of appropriate attitudes in preparation for employment.

The Faleolo International Airport is raising its standards as preparations for the upcoming S.I.D.S conference moves to another level.

Yesterday, the Airport unveiled a new VIP building and its stateof- the-art ticketing system, giving the main entry point into Samoa a very modern look.

Prime Minister, Tuilaepa Sa’ilele Malielegaoi, was the keynote speaker.

Also present were Ministers of Cabinet, the Speaker of the House, Associate Ministers, Members of Parliament as well as the business community.

Tuilaepa said both projects were part of the government’s preparations for S.I.D.S, pointing out that the old VIP area was very small.

The VIP project cost $535,000.

The new $228,000 VIP building comes with two special rooms for guests to use while waiting for their flights.

The old VIP area will also be renovated at the cost of $260,000.

“All Electrical Construction Company won the bid after an auction that was held by the government to build these buildings,” he said.

“Renovation of the old VIP will start as we use the new place straight away.”

“Another important event today is the official opening of the new Ticketing System."

“The reason for this is to improve the service in collecting money from the car park.”

The project was tendered and after the tenders were received, Seyleck Global won the auction with a price tag of $642,000.

The project took six months to complete.

The Draft Citizen Investment Bill 2014 goes to the heart of what it means to be a Samoan.

That’s the opinion of local lawyer, Lei’ataualesa Daryl Clarke. He made the point during a public consultation facilitated by the Ministry of Commerce, Industry and Labour (M.C.I.L) yesterday.

The debate ran hot over whether or not the Bill as it stands now would be of any economic benefit for our country.

As members of the law fraternity, the business community, Samoans and foreign investors themselves deliberated on the economic benefits and legal ramifications of the Draft Bill, Lei’ataualesa said this Act was far more serious.

“As a broad brush comment, we have spoken a lot about economics and money,” he said. “It goes well beyond money.

“I think it is far more important than that, because it is talking about what sort of people have the right to call themselves Samoan.

“I think that is of interest to all of us here today. And in terms of the Bill, it does go to the heart of being Samoan.

“For instance, a significant concern that I would suggest arises from the Bill is that a person and their family, and there is quite an extended definition, need only be here in Samoa for six weeks over three years and then be entitled to call themselves Samoan.”

According to the Draft Legislation, within three months before the expiry of the investors permanent resident permit, the investor, including any family member, may apply in person, or through the person’s agent for citizenship by permanent residence.

The Bill defines ‘Family Member’ as the spouse of the investor, any unmarried children aged under 18 years or 26 years if they are attending a tertiary institution, any child aged over 18 years if they are physically or mentally handicapped, any parent of the investor or spouse or any grand parent of the investor or spouse.

That means four generations of one family can become citizens from one $1,000,000 investment.

“As a Samoan, I guess I have very strong feelings about that,” said Lei’ataualesa.

“And given that this is open to worldwide application, we could have anybody from any country that will get that right.

“And there are significant rights that come with citizenship and I would just lend some caution in terms of that step.”

Tootoooleaava Dr. Aiono Le Tagaloa from Fasitoouta also spoke of how the Bill questions what it means to be a Samoan.

“My comments will be very ethnocentric,” she told the gathering. “But I am sure you will all excuse the ethnocentricity because whenever you raise citizenship that is what you actually stir up.

“Not only aspects of ethnocentricity but also just our patriotism and nationalism.”

She said one of the questions that should always be at the forefront of any debate regarding citizenship is how Samoans view being Samoan.

“And that is that value of what it is, that in effect we are statutorily selling through this legislation,” she said. “So what is the value of being a citizen to a Samoan?

“That differs from person to person depending on the sphere and the area in which they participate and work.

“My comments are from my sphere are the things that I feel this legislation will affect with regards to what I see is being a Samoan citizen.”

She said in the legislation and in the policy paper that was provided and presented, one of the issues that was particularly noted was the fact customary land will not be affected.

“That was mentioned at the beginning of the policy document, it is mentioned in the Bill and it is also mentioned at the end of the policy document,” said To’oto’ooleaava.

“At the beginning of the policy document it says it will not disenfranchise the nationals of Samoa and also especially in relation to customary land.

“However, at the end of the document it says that we may go there if it is viable and if it is feasible.

“Now, I see that this is logical because as you know and we know Samoa has very little freehold and Government land.

“The last official figure I was given was five per cent freehold land and 15 per cent government land and then the remainder is customary land.”

She says in this regard, she sees that it was not a good study to look at the nations that were listed in M.C.I.L.’s policy document, because they do not have that large an amount of customary land.

The Document she speaks of is The Policy Guidelines Towards Development of Citizenship by Investment Programme for Samoa Consultation Draft (it is published below in full).

In the guidelines, M.C.I.L. say they looked at five other nations with similar legislation; these were Singapore, St. Kitts and Nevis, Australia, New Zealand and the Commonwealth of Dominica.

“Now if we have citizenship by investment through the purchase of property and you only have 15 per cent government land to lease or purchase and five per cent freehold land,” Tootoooleaava said.

“Then the question becomes where are you going to go when the investments that are supposed to flood in start flooding in what are they going to purchase?

“And in that regard, although a lease is permitted under the Alienation of Customary Land Act it actually opens us up to a vulnerability.

“And it is a vulnerability of something that I believe at the core of being Samoan, not in the statutory, but being a Samoan.

“Because our being a Samoa is based on the fact that we have land and titles, we have these matai titles and we have land that pertain to them and then we have our language that makes it the third pillar of our identity.

“So when these things are made vulnerable, then I do not think that it is wise nor is it favourable and as this has a very strong focus on that.

“That is where my fears come from.”

To’otoooleaava said the policy document lists a number of pieces of legislation to be considered in relation to this legislation, including the Village Fono Act.

“The Village Fono act doesn’t have anything to do with the leasing of customary land,” she said. “Instead it is the Alienation of Customary Land (Act) that should be considered.

“Furthermore, there was recent amendment to the Land and Titles act 1981 which emphasises the position of this Government that customary land should be protected.”

She says in this regards she belives the Draft Citizenship Investment Bill 2014 is inconsistent with not only the Government’s stance but also the prohibition in the Constitution on the of customary land.

“And so that is where my concerns are coming from,” she said.

The Ministry of Commerce, Industry and Labour presented a paper called “Policy Guidelines Towards Development of Citizenship by Investment” during the consultation yesterday. It is published here in full for our readers’ information:

1.0 Background

Citizenship by Investment is the granting of citizenship status to an individual (and immediate family members) contingent upon a specified and quantifiable investment in the country. Alternatively, residence rights may be offered, in which case this is often referred to as investor immigration. While residence is granted to investors and wealthy individuals in most countries, there are only a few countries now which have clear provisions in their laws that grant citizenship for economic considerations and without residence requirements. The United States of America (USA), Canada, Australia, Austria, Switzerland and Great Britain are countries which offer residency and /or citizenship to Wealthy individuals and investors.

In this category of developed countries, for one to qualify for eventual citizenship there is duration of time in which they are granted residence pending qualification towards eventual grant of citizenship. This duration often in the range of 2 to 5 years, gives the prospective applicant time to satisfy set requirements set by relevant national authorities which include, proof of net-worthiness of business and personal assets, transfer of funds, establishment of business or exploration of areas they wish to make long term investments among others.

In the developing country category, within the region, a review of l4 Pacific Island Countries (PICs) reveals that none of the countries offer citizenship based on investment or wealth of applicant individuals. Similar to current practice in Samoa, citizenship can only be obtained through birth, descent, marriage, registration, and Permanent residence. However, within the Caribbean, a region with similar geographical characteristics as those of the Pacific and compromising of Island countries with similar populations, Economic and climatic challenges similar to countries in the Pacific, some countries and specifically St. Kitts and Nevis, Commonwealth of Dominica, Panama and Antigua and Bermuda are or in the process of implementing a citizenship by investment programme as a means of boosting investment, income generation for development of critical sectors, employment creation and overall economic development. Investor citizenship has been a long established practice in- St. Kitts and Nevis and the Commonwealth of Dominica. Both countries have developed programs targeting specific branches of economic activity. Given the geographical position of these two states, their low level of GDP per capita, and the lack of competitiveness on the global market, investor citizenship programs aim to improve their overall economic performance. In St. Kitts and Nevis and the Commonwealth of Dominica the naturalized investor is presumed to have established strong economic ties with the new community of membership. However, since the investor is in possession of the passport of St. Kitts and Nevis or the Commonwealth of Dominica, but is not bound to reside therein, his or her level of political engagement in these polities is lower than that of an ordinary citizen (or a transnational migrant)2. This novel initiative to those countries implementing it also poses both benefits and challenges detailed in this paper and which are worth taking into consideration should Samoa consider initiating a similar programme. Hence, this paper containing guidelines towards development of Citizenship by Investment Programme for Samoa specifically takes into consideration the Caribbean Small Islands country perspective. A review of developments and trends in the 2010 Asia-Pacific Trade and Investment Report indicate that the amount of FDI inflows to the Pacific islands have been considerably lower compared with those of other sub regions however the FDI inward stock has increased steadily. From 2005 to 2009, the Pacific’s FDI inward stock as a percentage of GDP increased on average at 14% annually to reach a 44% share in 2009. In particular, Samoa has shown a high exposure to FDI as its share of FDI to GDP reached 133% (UNCTAD, 2010b). This is an indication that Samoa like other similar Pacific Island countries rely heavily on FDI for its growth and that it has managed to successfully promote its economy as an attractive destination for FDI inflows, although its markets are small. Major sectors attracting FDI in the Pacific islands include natural resources, primary industries (agriculture, fishery), food processing, tourism, electronics and light manufacturing (ITC, 20l0)3. This trend lends merit to the need to explore and encourage initiatives that can position a country as a unique investment location. In Samoa’s case, the graduation in 2014 from LDC status poses macro economic and financial policy challenges due to the implications of graduation on continuing access to current levels of grant aid and soft loans from development partners (grants currently represent 25 percent of Government revenues). It also means Samoa will be in a position where it needs to fasttrack other avenues for income generation in a bid to offset the eventual outcomes resulting from a deduction of donor aid. A medium term strategy to progressively increase domestic resource mobilisation, maintain current levels of external assistance, and to enhance efficiencies in budget spending to avoid any recourse to commercial market borrowings is crucial. Further, leveraging the potential use of remittances for development and investment purposes will become increasingly important in the post graduation period. Remittances represent 25 percent of Samoa’s GDP4. In moving towards remedying the shocks that will result and in a bid to further boost foreign direct investment, the Cabinet Citizenship Committee made recommendations for the need to develop this policy paper containing guidelines towards initiating the implementation of a Citizenship by Investment Programme for Samoa. In the absence of a background report examining economic benefits which may result from Citizenship by investment/permanent residency programme, this policy paper contains basic policy guidelines based on international best practice towards considerations for the development of a Citizenship by Investment Programme for Samoa. The paper also presents some comparative analysis from countries across the World applying programmes that award citizenship/permanent residence based on investments made by prospective applicants.

1.1 Utilizing Citizenship as a tool to enhance Foreign Investment. The benefits of dual or multiple citizenship range from ease of movement, where there is political strife in one’s own country to investment planning and personal security. Categorically such benefits that will prompt different nationalities to seek citizenship in other countries and is also crucial for Samoa’s proposed Citizenship by Investment initiative include the following:

i. Convenience: High net worth citizens of some countries have to invest considerable time to obtain visas from many countries.

In addition to the time involved in the process, and uncertainty, is the fact that some countries only offer single entry visas. Where travel may be required on short-notice, access to another passport may be crucial such as in the case of civil unrest. Additionally, a second passport may afford the holder visa-free travel to jurisdictions not available to his country of birth;

ii. Tax Planning: Several countries levy income tax on non-resident citizens.

Alternative citizenship has therefore become increasingly important as an effective tool for international tax planning. As a national of two or more different states, an individual generally has more planning options as well as more privacy in banking and investment; iii. Personal Security: Citizenship and a passport from a small, peaceful country is considered by some as protection when travelling, particularly in times of political unrest, civil war, terrorism or other delicate situations. Many international business executives consider an alternative passport as the best life insurance; and iv. Investment in the future: In a dynamic political and economic environment, acquiring a second citizenship may be considered an investment for the future and in many instances, there is need to give up one’s present nationality while they, along with their family, enjoy the benefits of a legal second passport.

1.1.1 Prospective Country Benefits.

On a country specific basis, implementation of a Citizenship by Investment Programme can be a mutually beneficial arrangement for applicants and the host country. Among the gains to the country can be:

i. Economic Development: Samoa is heavily indebted with very little fiscal space for infrastructure and investment; ii. Capital mobilization: The revenue stream generated by investments and processing fees can be considerable;

iii. Liquidity Replacement: Effect of grant money lost as for instance a result of Samoa’s graduation from LDC status in 2014 can be diluted through devising of other revenue generating initiatives such as a Citizenship by Investment Programme;

iv. Improve Foreign Reserve Position:

Fees and incomes generated from the implementation of such initiative can play a crucial part in boosting the foreign reserves of the country.

v. Increased Foreign Direct Investment:

The more applicants that satisfy the set requirements of implementation of such an initiative the more FDI for Samoa; vi. Increased Economic activity: In most instances where the citizenship by investment programmes are implemented, the new breed of investor citizens introduce innovative Ways of doing business hence resulting in increased economic activity. vii. Investor Confidence: The assurance of citizenship in an economy through investment boosts confidence of prospective investors and creates a sense of security towards their investments hence motivating them to even invest more in the development of their businesses. ix. Impact on Tourism: The presence of a new breed of investors as a result of implementation of the proposed Citizenship by Investment Programme is likely to have positive impact on tourism with increased presence of high net worth individuals. ix.

Impact of presence of a network of high net worth individuals: The presence of Investors through the initiative is likely to open avenues where such individuals could be encouraged to support community development projects through charitable contributions.

1.1.2 Risks Despite the above prospective benefits that the Citizenship by Investment Programme could present to the country, there are inherent risks in venturing into such an initiative. These include; i. Management and Employee Selection: ii. Deviation from established policies and procedures: There are already established policies and procedures under-which investors in Samoa are granted residence or licenses for a duration considered appropriate. The proposed programme whilst likely to be beneficial in attracting investors would mean a deviation or a need to up-grade existing policies and procedures relating to investors. This has administrative costs and training especially in investigative skills associated with it. Undetected fraud: There is a likelihood that despite measures put in place to ensure that the right investors are given opportunity to apply under the programme, undesirable investors or persons may outfox the system hence acquiring passports. Investment Options The investment environment in Samoa is relatively open with only a handful of regulated sectors under the Foreign Investment Amendment Act 2011 (Reserved activities).The Industry Development and Investment Promotion Division of the Ministry of Commerce, Industry and Labour (MCIL) facilitate, promote, approve, register and monitor foreign investment in Samoa. Under the current Foreign Investment Act 2000, businesses with foreign shareholding are required to have a Foreign Investment registration certificate from MCIL prior to obtaining a business license from MfR. A Cabinet Investment Committee has also been established to speed up the facilitation of appropriate government support under existing schemes for major investment activities. The selection criteria for any investment proposal are governed the following parameters: -Economic activities that are consistent with the priority sectors in the Strategy for the Development of Samoa (SDS) and investment policy statement; -Investments reserved for nationals including buses for transportation of the general public, axis for transportation of the general public, vehicles for hire, retailing, saw-milling and Traditional elei garment designing and printing. - As per Business License Act 1998 prohibited investments for both local and foreign investors include as nuclear and toxic waste disposal or storage; export of products that are prohibited under any law; prostitution; processing and export of endangered species; production of weapons of warfare; There are various sectors in the Samoan Economy in which substantial investments are required towards improvement of the economy.

Foreign investors could bring in the necessary business skills, experience and international networks required to successfully manage and operate businesses in these areas. It is such areas that could be considered as conditional on prospective applicants to the Citizenship by Investment Programme to make investment as a condition for eligibility to be considered for the Citizenship by investment programme.

These were identified in the Diagnostic Trade Integration study for Samoa and include:

i. Agriculture sector. Though Agriculture continues to be the major contributor to subsistence activities for the Samoan economy and plays an influential role in the development of the rural areas. Opportunities for agriculture are constrained first by access to land and second by the nature of potential markets. The domestic market is small and is catered mainly by subsistence rather than commercial production. The domestic market is steadily increasing driven mainly by the demands of the tourism industry and export opportunities. These new demands will require investment in production of local products to meet high quality and supply requirements that will be best met through a combination of enhanced subsistence and commercial farming. The competiveness of export products will require efforts in reducing the cost and logistics of transport given Samoa’s relatively remote location.

ii. Fisheries. The current fisheries port facilities in Samoa have very limited space for either the expansion of existing onshore facilities or the construction of new infrastructure to accommodate major increases in fish catches and any processing of fish products for both the domestic and export markets. The relocation of any cannery operations from American Samoa to Samoa, and particularly to Savaii Island will require major investments to upgrade port infrastructure and onshore facilities such as for cold storage and processing, as well as improvements to power and water supply.

iii. Tourism and Land Development. Introducing policy initiative (currently being further developed for early implementation) of promoting greater economic use of customary land through leasing and/or development by landowner families themselves. This will potentially enable investment in commercial developments like for tourism and farming by both local and foreign investors and creating jobs in these communities. This will also potentially encourage the development of small family or community income generating businesses such as handicraft making or fishing/farming to sell to these commercial enterprises9.The current push by Government to promote greater economic use of customary land through leasing is a step in the right direction and will assist in attracting private investment on these lands and opportunities for the informal rural economy to access financing for cash crops by utilizing their land.

iv. Information and Communications Technology (ICT) sector. Development of the ICT sector will be dictated mainly by the quality and reach of Samoa’s broadband communications capabilities through international satellite and marine cable links. The introduction in 2009 of the American Samoa Hawaii (ASH) international cable facility to augment the international satellite connections is also expected to enhance the bandwidth for international communications and further reduce the average unit costs. This international infrastructure is expected to be further developed with the operation of the South Pacific Island Network (SPIN) to augment the capacity of the ASH fibre optic cable. The estimated capital costs of the option of a Fiji- Samoa cable link is estimated around US$45 million. The investment costs are high but this is an investment in the long term future development of Samoa and its capability to remain competitive in an increasingly IT and ecommerce based global economy.

v. Biofuel Generation. While Samoa is unlikely to be able to be involved in the trade of equipment and technological knowhow, opportunities exist in the mass production of raw material for commercial production of biofuels whether locally or in neighbouring developed countries.

vi. Services sector. Samoa’s market is relatively open for investment in the services sector with only a few reserved and restricted sectors. Service industries that comprise the services sector include telecommunications, finance and business, education, health, transport, construction, and professional services such as legal, accounting, consultancy etc. The main challenge for the services sector at present is the need for reviewing, implementing and improving the existing regulatory framework across all industries in the sector. There is huge potential for some sections of this sector to be considered for the proposed investment by citizenship programme.

2.0 Comparative analysis of Existing Citizenship by Investment Programmes. New Zealand, Australia & Singapore Schemes, St.Kitts and Nevis, Commonwealth of Dominica, Antigua and Bermuda After careful consideration of the schemes employed by the above countries there are some notable differences and similarities.

- Singapore

- Singapore, is a Southeast Asian island citystate off the southern tip of the Malay Peninsula, 137 kilometres (85 mi) north of the equator.

An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the Singapore Strait to its south.

The country is highly urbanised with very little primary rainforest remaining, although more land is being created for development through land reclamation”. Singapore is relatively large country with a size of 710 km2, population of 5,312,400. Her GDP Purchasing Power Parity (PPP) per 2012 estimates is $327557 billion with per capita estimates at $61,046 whilst her GDP nominal per 2012 estimates is $270.020 billion with per-capita of $50,323. - A person can apply for registration as a Singaporean citizen if he or she has been a Permanent Resident for at least 2 years. In exceptional cases, applications may be considered after 1 year of residence.

While the Singaporean passport is one of the best in the world in terms of reputation and visa-free travel, it does have significant drawbacks. In particular, the Enlistment Act stipulates that all male Singaporean Citizens (and Permanent Residents) are liable for military service upon reaching 16 years of age. Moreover, Singaporean citizenship legislation does not allow dual citizenship. Singapore is a strict single-citizenship country and will require proof of relinquishment of all other citizenships held by the applicant. - The process for Singapore’s Capital investors (million dollar scheme) PR scheme is straight forward and Permanent Residency is granted in 3-6 months upon receipt of a full and complete application.

- Australia - Australia is a country comprising the mainland of the Australian continent, the island of Tasmania and numerous smaller islands. It is the world‘s sixth-largest country by total area.

Neighbouring countries include Indonesia, East Timor and Papua New Guinea to the north; the Solomon Islands, Vanuatu and New Caledonia to the north-east; and New Zealand to the southeast.

Australia is large country with a size of 7,692,024 km, population of 23,034,879.Her GDP Purchasing Power Parity (PPP) per 2012 estimates is $960722 billion with per capita estimates at $42,354 whilst her GDP nominal per 2012 estimates is $1.542 trillion with percapita of $65,642. - It is possible to acquire Australian citizenship and a passport after 4 years of lawful residence. Anyone who became a permanent resident on or after 1 July 2007 must have been lawfully resident in Australia for 4 years immediately before applying, including 12 months as a permanent resident and absences from Australia of no more than 12 months, including no more than three months in the 12 months before applying.

Most people are required to pass a test and meet general eligibility requirements before applying for citizenship. There are interesting conditions for investors and highly skilled professionals who wish to become resident.

Australia certainly offers a very attractive passport, but also restrictive tax laws and high taxation during the time you are a tax resident.

- New Zealand

- New Zealand is an island country in the southwestern Pacific Ocean. The country geographically comprises two main landmasses — that of the North and South Islands — and numerous smaller islands.

New Zealand is situated some 1,500 kilometres (900 mi) east of Australia across the Tasman Sea and roughly 1,000 kilometres (600 mi) south of the Pacific island nations of New Caledonia, Fiji, and Tonga. Because of its remoteness, it was one of the last lands to be settled by humans.

New Zealand is relatively large country with a size of 268,021 km2, population of 4,451,017.

Her GDP Purchasing Power Parity (PPP) per 2011 estimates is $122.193 billion with per capita estimates at $27,668 whilst her GDP nominal per 2011 estimates is $161.851 billion with per-capita of $36,642. - New Zealand permits the acquisition of citizenship after 5 years of permanent residence. If you have applied for and received permanent residence after 21 April 2005, you must have been present in the country for a total of at least 1,350 days during the 5 years immediately before making your citizenship application. Moreover, you must have been present there for a total of at least 240 days in each of those 5 years, have been issued with a Permanent Residence Permit by the New Zealand Immigration Service and fully met any conditions imposed by this Service in regard to this Permit. If you can show that there are exceptional circumstances that warrant a reduction, you may be considered as long as you have had a minimum presence in New Zealand of 450 days with a Permanent Residence Permit in the 20 months before making your application.

St Kitts and Nevis The Federation of Saint Kitts and Nevis also known as the Federation of Saint Christopher and Nevis), located in the Leeward Islands, is a federal two-island state in the West Indies.

It is the smallest sovereign state in the Americas, with size of 261 km2 104 sq mi and population of 51,300. Her GDP Purchasing Power Parity (PPP) per 2011 estimates is $895 million with per capita estimates at $1,573 whilst her GDP nominal per 2011 estimates is $715 million with per-capita of $12,728. St. Kitts and Nevis, a federation of two islands in the West Indies, runs the oldest program for granting citizenship on grounds of investment.

The program was established by the adoption of the Constitution and Citizenship Act in 1984, one year after the islands were granted independence from the United Kingdom. Chapter VIII of the Constitution of St. Kitts and Nevis regulates in detail the modes for the acquisition and loss of citizenship before and after independence (art. 90 to 95). The ordinary naturalization procedure is rather restrictive and subject to a fourteen years residence requirement (art. 92).

Yet, Section 3 (5) of the 1984 Citizenship Act of St. Kitts and Nevis stipulates that ‘any person can apply for naturalization and may be eligible for citizenship on payment of prescribed fees, if the Cabinet is satisfied that such person has invested substantially in St. Kitts and Nevis’. The investor Citizenship option thus created was heavily grounded on the economic downfall that the islands faced at the time of independence.

The weak economic performance of St.

Kitts and Nevis in the following two decades, the lack of competitiveness in the global agricultural market, the falling prices of sugar which was the island’s main industry and the devastating effect of hurricanes on the country’s GDP, are all problems that eventually sparked the two strands for acquiring the citizenship of these West Indies’ islands: the real-estate option, and the Sugar Industry Diversification Foundation (SIDF) option (Henley and Partners 2010).

The real estate option allows the prospective applicants to purchase real estate in St. Kitts and Nevis, and thus become eligible for facilitated naturalization on grounds of investment.

The program, developed to bolster the islands’ tourism sector, is highly regulated in that there is a minimum investment in real estate (currently USD 400,000.00). In addition, the real estate project may not be at the applicant’s disposal.

Rather, it needs to be selected from a list of property pre-approved by the federation’s government and it may not be resold for five years after the purchase. The current list of property includes tourist resorts, harbour developments, golf course terrains, etc.

(Government of St. Christopher and Nevis 2011, website), which reflects the aspiration of the islands to become an attractive tourist destination. In addition, any property purchased in St. Kitts and Nevis for the purpose of facilitated naturalization does not qualify any further buyers for investor citizenship.

That is, if the person is granted citizenship of St. Kitts and Nevis after having used the real estate option, the property is removed from the list, which prevents the abuse of the property for naturalization purposes.

In addition to investing in the property, the applicant is liable to pay a number of other governmental fees for him or herself and any dependants.

The Sugar Industry Diversification Foundation (SIDF) option was established in 2006, when the possibility to purchase governmental bonds in the amount of USD 250,000 in order to qualify for investor citizenship was terminated (SIDF 201l).The introduction of the SIDF option was the result of the closure of St. Kitts and Nevis’s sugar industry a year before, following the pressures on the country’s government by the European Union (EU) and the World Trade Organization (WTO). The fall of the sugar industry, which accounted for 93 per cent of the country’s agricultural production (Williams 2003: 4), was induced by high production costs and the non- competitiveness of the Caribbean sugar cane on the global market. The fact that the sugar industry employed only 8 per cent of the federation’s workforce, facilitated the establishment of SIDF, a charity aimed at ‘conducting research into the development of industries to replace the sugar industry;

funding the development of these alternative industries and providing further support to secure the sustainability of such industries’.

Unlike the real-estate option, SIDF qualifies the applicant(s) for naturalization after a lump sum donation into the SIDF Escrow Account supervised by the Ministry of Finance of the Federation. The amount of the donation required ranges from 250,000 to 450,000 USD, depending on the number of applicants.

In cases of failed applications, the donation is returned to the applicant, minus the application processing fee of 3,500 USD per person. The economic rationale of investor citizenship in St. Kitts and Nevis is further stipulated in the 1984 Citizenship Act, which notes that a person is entitled, upon making application under this subsection to the Minister in the prescribed manner and upon payment of any fee that may be prescribed, to be registered as a citizen of St. Christopher and Nevis without any rights of voting save under and in accordance with the provisions of any law governing the qualification of voters, if the Cabinet is satisfied that such person has invested substantially in St. Christopher and Nevis (section 8). Hence, naturalization by investment does not confer all of the citizenship rights to those who have acquired the citizenship of St. Kitts and Nevis but have opted not to reside there. The 2007 amendments to the National Assembly Election Act stipulate that suffrage is granted to those citizens of St. Kitts and Nevis who have been ordinarily resident in one of the islands for a ‘continuous period of at least twelve months immediately before the registration date’ (art.

42). The federation operates a re-registration system, which indeed confirms the primacy of residence over citizenship when determining suffrage. As a consequence, citizenship by investment in St. Kitts and Nevis, offers the individual full membership in the polity, and some of the privileges stemming from the formal association between the individual and St. Kitts and Nevis. However, rights and duties inherent in the concept of citizenship (such as anticipation, and taxation) are not transferred on the beholders of the country’s passport, as they depend on the establishment of a genuine link with St. Kitts and Nevis through residence.

In St.Kitts and Nervis as reported from an I.M.F Report 2013, While imports in the second quarter of 2012 weakened due to persistent sluggish domestic demand, buoyant receipts from the citizenship by investment program further reduced the current account deficit. As a result, international reserves net of IMF SBA resources declined by about EC$ 10 million during that period.

Commonwealth of Dominica. Commonwealth of Dominica, is an island nation in the Lesser Antilles region of the Caribbean Sea, southsoutheast of Guadeloupe and northwest_ of Martinique. Its size is 750 square kilometres (290 sq mi) and the highest point in the country is Morne Diablotins, which has an elevation of 1,447 metres (4,747 ft). The Commonwealth of Dominica had a population of 71,293 at the 2011 Census. The capital is Roseau which is located on the leeward side of the island.

Her GDP Purchasing Power Parity (PPP) per 2012 estimates is $1.002 billion with per capita estimates at $14,166 whilst her GDP nominal per 2012 estimates is $497 million with per—capita of $7,022. Dominica gained independence from the United Kingdom in 1978, and since then, the country’s economy has been based on agriculture, which employs around 40 per cent of the island’s population (UNDP 2010). As a result of adverse weather conditions, including frequent hurricanes and the volcanic terrain in Dominica, coupled by the decrease in the world prices of bananas, which are the country’s primary crop, the country’s economic performance has been on a downward slope (US Department of State 2010). The desire to attract investors in order to bolster the country’s economy has resulted in the establishment of the investor citizenship program, which has been running in Dominica ever since 1993.

The 1993 amendments to the country’s Naturalization and Citizenship Act provided the legal grounds for the investor citizenship program. The new rules stipulated that the government may have discretionary powers in waiving the five year residence requirement that is in place in the ordinary naturalization procedure. Pursuant to article 8 (2), ‘The Minister may, in such cases as he thinks fit — (c) waive the residence requirement in special circumstances. The amount of investment ranges from 75,000 to 100,000 USD, in addition to other processing and governmental fees. Dominica does not have specific programs (such as SIDF) targeted by the investment.

Rather, the government has the discretionary powers in allocating the funds to public projects, including ‘(1) building of schools, (2) renovation of the hospital, (3) building of a national Sports stadium and (4) towards the promotion of the Offshore Sector’ or to private sector projects dealing with agriculture, tourism or information technology (Government of the Commonwealth of Dominica 2011, website). On the one hand, such a policy allows Dominica to tackle the immediate economic concerns, such as poor agricultural performance in a certain calendar year because of hurricanes. On the other hand, it lacks consistency of a long-term program aimed at economic recovery, since it has multiple and shifting beneficiaries.

Similar to the case of St. Kitts and Nevis, Dominica does not require the investors who have obtained citizenship to reside on the island. Equally, admission into Dominican citizenship does qualify the person for certain rights of membership, but suffrage and taxation are based on residence. In particular, the House of Assembly (Elections) Act, includes an oath for the prospective electors, who declare that they had resided in Dominica for twelve months prior to being registered as electors, that they are domiciled in Dominica, and that they have resided for at least six months in the constituency whereby they are registered (Section 37).

Therefore, in both cases of investor citizenship in the West Indies, citizenship is formally conferred upon the investor, who may use those benefits of membership that are not dependent on residence (e.g., free travel). Benefits and duties of citizenship that are dependent on the individuals’ participation in the polity and the identification with it still require the establishment of stronger ties with the polity by having it become the individuals’ focus of life or business activity.

According to the IIVIF report, the overall balance of payments in Dominica registered surpluses over the past three years, boosting reserves to 3‘/2 months of imports as of 2011.

This reflected in part a significant retrenchment in the current account deficit during the postcrisis period—from 27 percent of GDP in 2008 to 12% percent in 20ll—due to a demand-driven fall in private imports, a recovery in tourism expenditures during this period, and stronger service receipts from the economic citizenship program.

It can be observed from that above review of countries that aside from the Caribbean countries, the capital Investment requirements for schemes is the high. This is reflective of the development of the countries and their focus towards attracting ‘big players’ to invest and contribute to their economies. Samoa on the other hand is significantly smaller in terms of infrastructure development, technological advancement and policy development with similar characteristics to the countries in the Caribbean in, developing country status, size and other factors. A recurring theme especially in relation to FDI is the social & economic implications i.e. how does FDI impact on the community as a whole? Taking Singapore as an example, some key indicators in terms of the social & economic impact have been highlighted. In the l96O’s Singapore opened themselves up to overseas investment and as a result: -Cumulative FDI in Manufacturing over S$l2,000 million; -Unemployment reduced dramatically to the point where labor had to be imported; -The second industrial revolution in the 8O’s saw a focus on attracting FDI from TNC’s to encourage technological advancement and capital intensive industries;

-This lead to increased wages to encourage and develop expertise in technical industries rather than the labor intensive manufacturing sector. On the flip side, some adverse effects of their opening up policy has been the elevation of the elite and increased focus in serving the interests of TNCs sometimes at the expense of the Singaporean people. Overall, in terms of social impact it is proven that foreign direct investment will result in increased competition, technological spillovers and innovations, and increased employment. It is on the host country to develop policies which promote foreign investment and at the same time serve their people’s interests at all levels. None the less as can be seen from the Caribbean countries, a citizenship by Investment Programme whilst having some benefits towards improvement of Balance of Payment receipts is not the panacea to economic problems a country could be experiencing.

2.1 Transition towards development of a Model Citizenship by Investment Programme for Samoa In moving towards Governments aspiration of developing a citizenship by Investment Programme, it would be critical that the task-force established critically review and existing programmes identified in this paper and make recommendation as to the most appropriate model for Samoa.

2.1.1 Guiding Principles. In determining the appropriate model for Samoa, the following guiding principles/aims of the programme, implemented in other countries are worth considering; a) Promoting economic growth, local entrepreneurship and job creation; b) Attraction of developments which would stimulate economic activity, new tax revenues and other forms of income which would be on-going and sustained; c) Generating significant resources of direct capital injection into the national economy; d) Development of Infrastructure; e) Attracting investors with financial competence and experience (taskforce to determine minimum net-worth of prospective applicants); t) Ensuring nationals continue to have access to affordable lands; g) The Citizenship by Investment Programme should in no way jeopardize the integrity of the national passport; h) That there be no disenfranchisement of nationals particularly with respect to ability to purchase own lands. i) Model must be based on existing similar global programs; 3.0 Salient Features for Model Citizenship by Investment Programme for Samoa. In determining a model for citizenship by investment programme for Samoa, the taskforce/advisory committee established whilst noting the comparative analysis of other countries within and outside the region implementing such a programme, would need to take into consideration the following key features of a Citizenship by Investment Programme. These are based on best practice in locations implementing citizenship by Investment Programme and include; 1. General Provisions 2. Investment Options highlighting areas in which potential beneficiaries from the Citizenship by Investment Programme for Samoa would have to make substantial investment. 3. Investment qualifying factors that would include minimum amounts and other monetary baseline for one to be eligible to benefit from the programme -Features of Passport obtained through Citizenship by Investment. Duration of validity for such Passport, -Procedures for one have to meet to be eligible for Citizenship by Investment. These could include; > Health; > Criminal record; > Amounts to be deposited by applicants to the programme; > Residence duration required prior to qualifying for the Citizenship through Investment Programme; > Age limits; > Dual citizenship; > Terms under which citizenship may be cancelled; and > Other considerations as may be recommended by the taskforce. 4. Fees Structure 5. Other considerations as may be recommended by the taskforce. 3.1 Legislations in Samoa to consider for review. In advancing towards an ideal model of a Citizenship by Investment Programme for Samoa, some amendments will need to be make within existing domestic legislations to enable the effective implementation of the programme. The legislations identified for review and consideration by the relevant legislative bodies are: Constitution of the Independent state of Samoa 1960. Allowing foreign investors to have Citizenship through Investment is likely to affect the land tenure system in Samoa, namely Article 101 which provides for the protection of customary land from sale. Foreign Investment Act 2000 This legislation is the first point of reference for any foreign investor intending to do business in Samoa. Issues that may arise include composition and role of the Foreign Investment Advisory Board, requirements for application and approvals process.

Immigration Act 2004 Review of the conditions of permit, approval of permit and validity of permit.

Citizenship Act 2004 The provisions pertaining to how a permanent resident becomes a citizen may require amendment in order to comply with other requirements of the scheme.

Labour and Employment Act 1972 Any employee matters undertaken by foreign investors will need to comply with Samoa and Employment standards as provided for by under this Act.

Business Licenses Act 1998 The regime adopted for the investment promotion scheme will be required to comply with requirements of this Act namely sections 4 to 8 Value Added Goods and Services Act 1992-1993 All goods and services operating under the investment promotion regime will have to comply with provisions of this legislation.

National Provident Fund Act 1972 Any foreign business operating in Samoa will be required to make contributions under this Act.

In particular employers will have to implement a system for contribution of employees which will be consistent with the requirements.

Companies Act 2001 All companies must comply with the provisions of this Act. For foreign companies, they must comply with Part XI.

Electoral Act 1963 Under section 19, only citizens of Samoa may have a right to vote. As such, this provision may require amendment. Note sections 5 to 13 of the Citizenship Act 2004 state the requirements of citizenship.

International Companies Act 1988 Foreign companies that wish to operate in Samoa must register, incorporate and administer their operation in accordance with the provisions of this Act.

Village Fono Bill The village fono will need to be consulted concerning the issues of leasing of customary land.

Taking of Land Act 1964 The compensation process for taking land for public purpose will need to be addressed.

Planning and Urban Management Act 2010 Provisions of this Act will need to be considered in any matters relating to the use, development and management of land in Samoa.

Land and Titles Registration Act 2008 This legislation affects registration of title to land, therefore any land that is leased or licensed or the purpose of foreign investment 4.0 Proposed way forward.

Consider implementation of recommendations of the Investment Promotion Committee meeting of Wednesday 22nd May 2013 upon review of the first draft of the Policy Paper towards development of a Citizenship by Investment Programme for Samoa in progressing the Project.

Disaster Management is warning people not to throw cigarette butts into Apia harbour because of a “strong fuel presence” at Apia harbour late Thursday night.

An official inquiry has been called after one emergency worker claimed the spill involved more than 100 metric tonnes of unleaded petroleum.

According to reports the incident happened at around 9.30-10pm with emergency services rushing to the scene at Mulinuu to contain the spill.

The Disaster Management Office issued a bulletin on its Facebook page yesterday morning informing the public of the emergency.

“We advise the public who are currently at the Marina or within or around that area to refrain from lighting any fire or smoking and disposing cigarette butts into the sea due to strong fuel presence there,” the D.M.O.

warned.

“Authorities will be working on cleaning out the fuel so please take precautions when handling fire or anything associated with it when around the area.”

Ministry of Works, Infrastructure and Transport C.E.O. Vaaelua Nofo Vaaelua has commissioned an inquiry into the incident, which will be headed up by the A.C.E.O. of the Maritime Division Fepulea’i Faleniu Mark Alesana.

Petroleum Product Supplies (P.P.S.) confirmed the spill yesterday afternoon without specifying the quantity, but saying it was “immediately stopped.”

In contrast to Disaster Management and other sources, P.P.S. downplayed the extent of the emergency.

P.P.S. staff said that “shortly after commencing the discharge of bulk fuels at the Apia Wharf late on Thursday night the 1st (sic) May 2014, a quantity of Petrol leaked into the harbour.

“The discharge of bulk fuel was immediately stopped and P.P.S. personnel contacted the S.P.A. (Samoa Ports Authority), the fire brigade and Police and emergency procedures were put into place to contain the spillage and disperse it.

“The sea area around the wharf and nearby areas were monitored closely throughout the night to ensure the fuel had not migrated to shore or other areas where they could pose a hazard.

“An inspection of the pipeline underneath the old wharf was carried out at first light this morning, and it was discovered that a large log of wood was jammed against the submerged pipeline under the wharf, and this had caused a leak in the pipeline.”

P.P.S. reports that the pipeline has now been sealed off and all fuel that remained in the pipeline has been pumped out.

“The wharf and surrounding area has been cleared of all spilled fuel and the area declared safe,” P.P.S. says.

“In the meantime, the tanker has sailed for Pago Pago but will return to Apia tomorrow to complete discharge. “The tanker will berth at her normal berth at the new wharf, and will use a separate pipeline from that wharf which was not affected by this incident.”

Transam Samoa is the port agent for all fuel tankers that dock at the Mulinuu Wharf.

The Company’s Managing Director Tom Hogarth said the vessel was not at fault. According to Mr Hogarth the ship was here as per usual on its monthly fuel supply run to Samoa.

“We are not sure how it happened,” he said. “All I know from my end is it wasn’t the vessel.

“There was no leak at the hook up and no leak from the vessel.

“We are quite lucky that it is petrol and not diesel as it would have been a worse situation.”

Mr Hogarth said there was fuel in the water and that it was “widespread”.

“I heard there were divers checking the pipes today but there hasn’t been any reports as yet,” he said.

“All I can say visually from the ship and at the connection point (on the ship) there were no leaks visible, that is the firm information I have at the moment.”

He did confirm the M.W.I.T inquiry saying he had received an official letter. “It basically says there is now an official inquiry,” he said.

A source who was a part of the initial response team to the spill, did not want to be named, said the spill happened during a routine transfer of fuel from the port down to the depot at Mulinuu.

“I think it is roughly 120-160 Metric tonnes (135,593 – 190,791 litres) of petrol that was actually spilled,” the source said. “It was pretty sick.

They claimed the petrol had spread from around the ship, down to the Marina and across to the Government Building and Fish Market.

“It was just lucky there was no wind last night.”

Prime Minister Tuilaepa Sailele Malielegaoi is not concerned about members of the Officers of Parliament Committee (O.P.C.) taking allegations of corruption to court.

In an interview with the media this week, Tuilaepa said there is no higher power than of that from parliament.

“Parliament makes its own decision,” he made it clear.

“No member of parliament is more powerful than the parliament…it’s been done according to parliament protocols.”

This week, the chairman of the Public Finance Committee, M.P. Papali’itele Niko Lee Hang vowed to make sure public servants he claims have “defrauded” taxpayers through collusion are held accountable for their actions.

Papali’itele was referring to a Controller and Chief Auditors report into Samoa Land Corporation that raised allegations of “corrupt practices”.

“Well, if justice is not only seen but being done, it has to go to Court,” said Papali’itele.

But this is not worrying Tuilaepa.

“Some of the MPs are new and don’t understand the way things are (done in parliament),” he said.

“The new ones should ask those that were before them…the courts have no say in what is done in parliament.

“Parliament makes its own decision.”

The Prime Minister explained that on the night the report was tabled in parliament last month, there were a lot of unhappy MP’s.

“Many MP’s were not happy about the Minister giving his Ministerial speech,” he recalled.

“I understand the MP’s were especially not happy with the fact that they cannot ask questions and interfere with a Minister once they give a Ministerial speech.

“But if you remember the Minister gave his Ministerial speech so that he can answer to the report and once he was done I moved a motion to set aside (parliament) protocol to allow the M.P.’s to talk about the speech, but no one objected to it.”

Tuilaepa reiterated that he gave the MP’s in the chamber the opportunity to speak about the Minister’s answer but “all I heard was they accept it”.

“I moved that motion to avoid people saying that the Minister gave the speech so that no MP can interfere but as you see all they say was they accept it.

“It was done according to parliament protocols and no MP is greater than the authority of the parliament.”

Former Minister of Finance, Faumuina Tiatia Liuga gave his ministerial speech late at night, reading 25 pages over two hours, ending at about 1.30am in the morning.

There were originally objections to the motion to allow him to start the speech, and objections during, but they were overruled by the Speaker of the House, La’aulialemalietoa Leuatea Polataivao.

After reading his 25 pages speech that lasted for nearly three hours, Faumuina shocked parliament and the country when he announced his resignation.

The Speaker of Parliament, La’aulialemalietoa Leuatea Polata’ivao, has struck again.

This time, he has ordered members of the Officers of Parliament Committee (O.P.C) to stop expressing opinions in the media about their report.

The report in question confirms instances of “collusion” and “corrupt practises” in the government. The order comes with a warning that failure to adhere would result in members of the Committee being referred to Parliament for a “decision.”

What that decision is, La’auli did not say.

The threat is contained in a letter from the Speaker to the Chairman of the O.P.C, Muagututagata Peter Ah Him and the Chairman of Parliament’s Finance and Expenditure Committee, Papali’i Niko Lee Hang.

Dated 28 April 2014, the letter is also copied to members of the Committees in question. Written in Samoan, a copy of the letter has been obtained by the Sunday Samoan.

The Speaker’s displeasure follows two media statements issued by the Committees last week, which were published verbatim by the Sunday Samoan.

The first statement from the O.P.C was published under the headline “Committee attacks Faumuina’s reply.” Part of it reads: “Having considered the ministerial speech, the Officer’s of Parliament Committee (OPC) feels that the former Minister of Finance failed to address a lot of the pertinent issues and concerns on the mismanagement of the Samoa Land Corporation as raised in the Committee report.

“The Committee believes that some of his statements were misleading and are inaccurate according to the evidence provided by the numerous witnesses (government officials, private sector, and concerned public as written in the report) called by the committee, as well as documents collected during the investigation.

The second statement, issued by Papali’i as the Chair of the Public Finance Committee, was published under the headline “Collusion, reckless and total negligence.”

The Committee’s decision to publicise their views has disappointed the Speaker.

“I was under the impression most of you have had two or three terms in Parliament and that you are well versed with the basis of the issues that have been referred for the consideration of Select Committees according to orders of the Legislative Assembly,” he writes.

“However, it now seems from your actions that you do not have such awareness, despite our efforts to push our Parliamentary procedures project.”

According to the Speaker, Parliamentary issues should not be discussed “on the road.”

He said the Committees have the taken “the decision making process of Samoa to be done on the roadside thereby doing away with Parliamentary procedure.”

“Samoa has placed its confidence, as being the chosen pearl and string, but look at what you’ve done, you again have sought reinforcement from the country."

“Why on earth did you want to become Members of Parliament?”

Speaker La’auli also questioned why the M.P.’s are speaking up now.

“As of now, you are complaining and questioning the Ministerial Statement of Afioga Faumuina, and yet the motion by the Prime Minister that night was crystal clear as approved by the Legislative Assembly, to set aside Standing Orders to allow for the Ministerial Statement for debate."

“However you clearly challenge the wisdom of the House that night as the Leader of the Opposition had already suggested that it was time for the House to take adjournment as it was enough that the Hon Minister of Finance had resigned.

“Fiame had also commented on the same procedure. Your Leader even spoke, thanking all the speakers that night and that it was time to adjourn as you all wanted to go to bed. None of you took the floor to even argue that he wanted to speak.”

Chaired by Associate Minister, Muagututagata Peter Ah Him, members of the O.P.C include Taefu Lemi Taefu (H.R.P.P), Agafili Eteuati Tolova’a (H.R.P.P and deputy Speaker), Aeau Dr. Peniamina Levaiseeta (Tautua), Papali’itele Niko Lee Hang (H.R.P.P), Motuoopua’a Dr. Aisoli Vaai (Tautua) and Toeolesulusulu Cedric Schuster (Tautua).

Here is a translation of the letter by Fuimaono Fereti Tupua. It is published here in full:

28 April 2014 Chairman and Honourable Members Officers of Parliament Committee Chairman Public Accounts Committee Committee Attacks Faumuina’s Reply Collusion, reckless and total negligence I write with regard to the above headlines that featured boldly on the front page of the Sunday Observer of Sunday 27 April 2014 in respect of the following: 1. General comments of the Committee of Parliament, and 2. General comments of the Chairman of the Public Accounts Committee The above general comments were in opposition to the Ministerial Statement of the Minister of Finance on Wednesday night 16 April 2014, prior to his resignation.

I. Select Committees and Legislative Assembly

1. I was under the impression most of you have had two or three terms in Parliament and that you are well versed with the basis of the issues that have been referred for the consideration of Select Committees according to orders of the Legislative Assembly. However, it now seems from your actions that you do not have such awareness, despite our efforts to push our Parliamentary procedures project.

2. For your information the aim for establishing Select Committees was to cater for the workload that is referred to them for consideration and then they report back to the Legislative Assembly.

As such, it is part of Parliament to provide services to the Legislative Assembly without any power to either challenge or question the normal procedure of the business of the Legislative Assembly.

II. Process of Proceedings or Business of the Legislative Assembly 3. Every issue that is referred to in the Ministerial Statement of Afioga Hon.

Faumuina Tiatia Liuga came to end with his resignation, and that your report be referred to Government for its response, which is in line with policy.

You will never be short of opportunities to air your opinions in the House, as long as the same are made in the House of Samoa to which you were elected and where issues pertaining to government are resolved.

4. Consideration of issues to do with Samoa is not done on the road just as what you have done, by taking the decision making process of Samoa to be done on the roadside thereby doing away with Parliamentary procedure.

Samoa has placed its confidence as being the chosen pearl and string, but look at what you’ve done, you again have sought reinforcement from the country.

Why on earth did you want to become Members of Parliament?

5. As of now, you are complaining and questioning the Ministerial Statement of Afioga Faumuina, and yet the motion by the Prime Minister that night was crystal clear as approved by the Legislative Assembly, to set aside Standing Orders to allow for the Ministerial Statement for debate.

However you clearly challenge the wisdom of the House that night as the Leader of the Opposition had already suggested that it was time for the House to take adjournment as it was enough that the Hon Minister of Finance had resigned.

Fiame had also commented on the same procedure.

Your Leader even spoke, thanking all the speakers that night and that it was time to adjourn as you all wanted to go to bed. None of you took the floor to even argue that he wanted to speak.

6. Your opposing views that have widely reported are contrary to Parliamentary procedures, nor are in full agreement with the vision of searching, consultations and deep reasoning upon which are customs and traditions are founded, which brings to mind the truth of our Lords words ‘Whoever says he loves God and hates his brother is a liar’

IV. Advice from the Speaker

7. I had suggested to you to forget about it when you indicated that on Friday 25 April 2014, but you did not do it. You should have known better, I am trying to impose controls on our business from leaking out to the public, so to ensure that the decision making process and its outcomes are kept in the House of Samoa, but you now seem to be more keen to expose these things by talking to the media.

V. Standing Orders and Powers and Privileges 8. I advise you to pay careful attention to the order of business of the Legislative Assembly and Select Committees especially the duties and responsibilities of the Members of the Committee as to the requirement for Select Committees to pursue your claims, especially influencing the general public with the views of each member and instead make use of the Select Committees of the Legislative Assembly.

9. I also advise you to take another look at the Power and Privileges Act of the Legislative Assembly 1960 as well as the Standing Orders of the Parliament of Samoa, especially the Oath of Allegiance and Examples o Misconduct; in view of the following:

It is nasty for general comments of Committees or Members of the Committees to refuse or oppose decisions and the normal procedure of business of the Legislative and the Parliament of Samoa, when they are Members of Parliament.

Order by the Speaker Given the issues discussed above I hereby order all of you to:

• Refrain from making general comments as members of a Select Committee or Chairmen or Members of a Select Committee on matters pertaining to Reports of the Officers of Parliament on the Report of the Controller and Chief Auditor, until after Government had submitted its replies.

• Failure to comply will require me to immediately report such Committee, Chairman or Deputy Chairman to the Legislative Assembly in its next sitting day for its decision.

My advice as the Speaker is that we be like St Paul; “Let go the things of the past and walk ahead for the future” for there will surely be dawn just as mornings due to the wonders of the Almighty God.

Hon Laaulialemalietoa Polataivao Leuatea Polataivao Fossie Schmidt MP Speaker of the Legislative Assembly.