FSMC, TITLE 32.  BUSINESS REGULATION

CHAPTER 2
Foreign Investment

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SUBCHAPTER IV
Expatriate Worker Authorizations and Entry Permits

SECTIONS

210. Expatriate Worker Authorizations.
211. Issuance of entry permits.
212. Renewal and cancellation of entry permits.

210. Expatriate Worker Authorizations.

(1) A business entity as to which either have an FSM Foreign Investment Permit or a State Foreign Investment Permit has been issued shall be entitled automatically to an expatriate worker authorization ("EWA") for one expatriate senior management position.

(2) If the business entity as to which either an FSM Foreign Investment Permit or a State Foreign Investment Permit has been issued meets the applicable criteria established for this purpose in the FSM Foreign Investment Regulations, the holder of such Permit shall be entitled automatically to one or more additional EWAs for expatriate senior management positions.

(3) An EWA that is automatically allocated under either subsection (1) or (2) of this section shall remain valid during the entire period that the corresponding Foreign Investment Permit remains valid. However, the criteria to be established pursuant to subsection (2) of this section may provide that, notwithstanding the continued validity of an EWA, a new or renewal entry permit requested under that EWA may be denied and the existing entry permit issued under that EWA may be canceled during any period when those criteria are not being met.

(4) The holder of a Foreign Investment Permit may apply for additional expatriate workers pursuant to title 51 of this code.

Source: PL 10-49 16; PL 14-32 5.

Cross-reference: Title 51 of this code is on Labor.

211. Issuance of entry permits.

(1) The holder of a Foreign Investment Permit may, upon the allocation of an EWA to the relevant business entity, submit to the immigration authorities an application for an entry permit for a nominee to fill the position to which the EWA applies.

(2) If the immigration authorities approve an application for an entry permit applied for under subsection (1) of this section, the immigration authorities shall issue such permit upon the payment of a fee in such an amount and under such procedures as may be established for this purpose by the immigration authorities.

(3) The immigration authorities shall issue an entry permit for a nominee to fill a position to which an EWA applies except in cases of

(a) criminal character or

(b) medical risk to the nation or the nominee, as set forth in pertinent regulations issued by the immigration authorities. If the immigration authorities deny an application for an entry permit for a nominee to fill a position to which an EWA applies, the immigration authorities shall so advise the holder of the Foreign Investment Permit and shall give reasons for the denial. In such a case of denial, the holder of the Foreign Investment Permit may

(i) request the immigration authorities to review the application after submission of additional information on the nominee, or

(ii) apply for an entry permit nominating a different person to fill the position.

(4) If, for whatever reason, a position to which an EWA applies is or becomes vacant during the period of validity of that EWA, the holder of the relevant Foreign Investment Permit may apply to the immigration authorities for an entry permit for a nominee to fill the vacant position.

(5) In addition to entry permits issued pursuant to EWAs, a foreign investor shall be entitled to one or more foreign investor entry permits as follows:

(a) one if the foreign investor is a sole proprietorship; or

(b) one for each individual holder of a substantial ownership interest in the foreign investor if the foreign investor is any other kind of business entity.

(6) Nothing in this chapter shall be interpreted to require that a noncitizen have an entry permit if that noncitizen is not otherwise required to have an entry permit.

Source: PL 10-49 17; PL 14-32 6.

Cross-reference: The statutory provisions on the President and the Executive are found in title 2 of this code. The statutory provisions on Immigration are found in title 50 of this code.

212. Renewal and cancellation of entry permits.

(1) An entry permit issued pursuant to section 211 of this chapter, whether a foreign investor entry permit or an entry permit issued under the EWA, shall be valid upon its issuance and thereafter until the sooner of:

(a) five years, or such shorter period as may be prescribed in regulations by the immigrations authorities, after the date of its issuance;

(b) expiration, cancellation, or surrender of the applicable Foreign Investment Permit or EWA; or

(c) cancellation of the entry permit as provided in subsection (4) of this section.

(2) Solely for purposes of subsection (1)(b) of this section:

(a) a Foreign Investment Permit which is renewable annually shall not be deemed to have expired unless and until the official who issued the Foreign Investment Permit has declared it to be expired and so notified the immigration officials in writing; and

(b) an EWA shall not be deemed to have expired unless and until the Foreign Investment Permit under which it was issued is cancelled or deemed to have expired.

(3) Except as provided in subsection (4) of this section, an entry permit issued pursuant to section 211 of this chapter shall be automatically renewed upon its expiration.

(4) An entry permit issued pursuant to section 211 of this chapter may be canceled, or its renewal may be denied, by the immigration authorities only if:

(a) the required immigration fee, if any, is unpaid;

(b) the person to whom the entry permit has been issued is convicted by a court in the FSM of an offense in respect of which he or she has been sentenced to imprisonment for a term of six months or more; or

(c) the entry permit, or the EWA to which the entry permit relates, was obtained under false pretenses;

(d) the conduct of the person to whom the entry has been issued constitutes a threat to the security of the FSM. In this case an entry permit may be canceled only after receiving a recommendation of cancellation from a committee appointed for this purpose and consisting of representatives from each of the following: the immigration authorities, the applicable State official responsible for foreign investment regulation in the State, the FSM Secretary of Justice, and the Department;

(e) the person to whom the entry permit has been issued leaves the position the basis of which the entry permit was issued:

(f) the person to whom the entry permit has been issued engages in employment outside the scope of the employment specified by the relevant EWA, whether or not the employment is with the foreign investor to whom the EWA was issued;

(g) the person to whom the entry permit has been issued is deported in accordance with law;

(h) the conditions for cancellation pursuant to section 210(3) of this chapter are satisfied;

(i) the applicable Foreign Investment Permit is canceled or surrendered; or

(j) it is required or permitted under subsection (5) of this section.

(5) An entry permit issued pursuant to section 211 of this chapter shall be canceled by the immigration authorities if the official who issued the Foreign Investment Permit to which the entry permit relates makes a finding, concurred in the FSM Secretary of Justice, that the holder of the permit is not engaged in a bona fide attempt to commerce, operate, wind up, or recommence any business to which the Foreign Investment Permit relates. Such a finding shall be in writing, signed by the FSM Secretary of Justice and the relevant State or national official, and arrived at through procedures which afforded the holder of the entry permit notice and an opportunity to be heard by the relevant State or national official.

Source: PL 10-49 18; PL 14-32 7.

ross-reference: The statutory provisions on the President and the Executive are found in title 2 of this code. The statutory provisions on Immigration are found in title 50 of this code.