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Public Announcement Concerning Resolution Foreign Investment Permit of ETG

May 30, 2013

Resource: Yap State News Brief

[Office of the Governor] – On May 2, 2013, the Eighth Legislature of the State of Yap adopted a resolution calling on the Yap State Foreign Investment Board to cancel the Foreign Investment Permit (FIP) of the Exhibit and Travel Group (ETG). The resolution further states that if the Board fails to cancel the FIP of ETG within twenty (20) days of receipt, the resolution shall operate to cancel the Permit itself.

 

In a May 16, 2013 meeting with the Legislature on the Resolution, the Lt. Governor informed the Legislature, with all of its members present except for the Speaker who was off-island, that the Executive Branch sees factual and legal problems in the Resolution; that the Resolution infringes on the power of the Executive Branch; and that it is an attack on certain personnel of the Executive Branch. The Lt. Governor further pleaded with the Legislature to set aside differences and open up dialogue between the two branches to address the underlying problem(s) that the Resolution is intended to cure without further arbitrary in-fighting.

 

The Legislature, in its response to the Lt. Governor, reaffirmed the validity of its Resolution and requested the Lt. Governor and the Attorney General to put in writing a legal memorandum on the Resolution point for point. Given no other option, the Lt. Governor conceded.

 

It is not clear when the 20 day deadline expires as the Chairman of the FIP Board was not served with his copy of the Resolution. In the meantime, OAG is drafting a memorandum of law addressing the resolution as requested by the Legislature.

 

The Executive does not agree with the course taken; it sees this path as a prologue to a civil suit with the Branches as opposing parties. But without an option for amiable discussion on the root problems, it must prepare for when it becomes necessary for the Judiciary to determine the legality of the Resolution.

The Executive, however, is hopeful that upon sharing its views of the Resolution with the Legislature, the Legislature would reciprocate; that it would see the negative effect of the Resolution weighed against its benefits,  and accept the Executive’s invitation to a working relationship towards an agreeable solution beneficial for the people of the State now and for the future.

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