Economic Development Division.
How to apply for Business License
Any person who wishes to establish a business in the Territory of American Samoa must obtain a valid business license.
Any person, partnership or corporation, which operates a business venture in two or more locations in American Samoa, must obtain a business license certificate for each location. Similarly, any person, partnership or corporation, which operates a business venture, that is engaged in two or more activities must obtain a separate business license certificate for each activity.
Business License Application:
The applicant should proceed to the Department of Commerce at the Executive Office Building in Utulei and pick up a business license application. The staff will discuss your proposed business with you. Depending on the type of business activity you wish to establish the staff will explain the necessary requirements and refer you to the relevant American Samoa Government (ASG) agencies as stipulated on the application form.
I. Your business license application should be accompanied by all necessary documentation. This may include but not be limited to:
· copy of birth certificate
· lease agreement, if leasing from a commercial building;
· copy of ASG lease agreement, if leasing from government property;
· copy of passport for all U.S. citizens/ nationals;
· partnership agreement, if business structure is a partnership;
· articles/certificate of incorporation, if business structure is a corporation;
· articles/permit to transact business as a foreign corporation;
· provide proof of bank accounts or financial statements, or both, for verification of capital investments upon request by the licensing authority;
· provide proof of issuance of stock certificates verifying ownership if the applicant is a corporation.
· immigration clearance for private employment for all aliens involved in business;
· provide copy of relevant trade certification
· land-use permit (LUP) application if applicable
· zoning variance application if applicable
· site plan with parking plan
II. A copy of a required license or certificate from the Territory Board of Public Accountancy, Alcoholic Beverage Control Board, Commerce Commission Board, Contractors' License Board, Cosmetology Board, Marine Inspectors' Board, Professional Surveyors' Board, Health Services Regulatory Board, Environmental Health Public Health Division, Chief Justice Court House of American Samoa, Tradesman Examiners' Board, Agriculture Produce Board, Commissioner of Insurance, Real Property Management Board, and etc. which ever special licensing authority is required by your type of business activity.
III. Corporations must submit a copy of the Article of Incorporation, certified by the Treasurer of American Samoa. Partnership must submit a notarized partnership agreement.
IV. Aliens and non-residents must submit an approved form certified by the Chairman of the Immigration Board of American Samoa.
Note: If you intend to erect a new structure or are planning to extend/remodel the existing commercial structure, you may be required to appear before the Project Notification Review System (PNRS) and the Zoning Board. You will be notified by the Economic Development Division (EDD) staff if it is necessary.
Once you have completed all the necessary requirements return your business license application to the EDD staff at the Department of Commerce. He or she will review the application to ensure that it is complete. The completed application will then be forwarded to the Territory Planning Commission for review. If your application is approved, it will be forwarded to the Governor's Office for final review and approval.
The business license application is then returned to the Department of Commerce, where EDD staff will notify you of the business license application decision. If your business license application is approved, the Department of Treasury, Revenue Branch, will issue you a business license certificate after you have paid the appropriate business license fees.
V. Term of License:
A business license certificate regardless of when issued or renewed expires on December 31st of the year in which it was issued or renewed. A licensee may renew his/her business license by filing a Business License Renewal Application with the EDD and paying the appropriate business license fee at the Department of Treasury, Revenue Branch.
VI. Enforcement Action:
Any business license certificate issued to a person who is based on information subsequently found by the Territorial Planning Commission or the Governor to be false can be revoked. A licensee who fails to renew his license on or before December 31st of each year is assessed a penalty of $2.00 per day. Any business that fails to renew its license by January 31st is required to cease all business operations or will be subject to prosecution pursuant to Section 27.0211(b) of the American Samoa Code Annotated.
Note: Business License Application Form is available in PDF Form