THE Attorney General’s Office said that some provisions in legislation that seeks to establish an open door policy for foreign investments should be clarified.
In a letter to House Commerce Committee Chairman Andrew S. Salas, Assistant Attorneys General Deborah L. Covington and Andrew Clayton said S.B. 13-40, or the CNMI Open Door Foreign Investment and Economic Revitalization Act of 2002, “indicates that it is both constitutionally and legally sufficient.”
However, they added, the bill plans to return the Division of Immigration to AGO.
“(So) the bill (should also) address whether the attorney general’s presence is limited to ensuring the activities of the review committee are in compliance with the laws of the CNMI or whether AGO should have broader powers on this committee,” they said.
Further, S.B. 13-40’s provision on qualified investors is “too vague,” AGO said.
AGO also observed that under the current version of S.B. 13-40, the Department of Commerce would no longer be represented on the review committee unlike prior bills that had similar intents.
AGO likewise questioned a provision in the bill that appears to give a lifetime immigrant status to investors and immediate family members who are currently given temporary status only.
“A policy decision must be made on whether indefinite entry for the life of the alien investor and immediate family members should be permitted for a payment of $250,000. Also, this phrase, when read in the conjunctive phrase, would permit the immediate family members to remain the CNMI for their lifetime once the alien investors passes away provided the investment continues to comply with standards of issuance,” AGO said.
