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190 the Contemporary Pacific ‡ 23:1 (2011) David W Kupferman

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190 the contemporary pacific 23:1 (2011) out that after numerous inquiries they References could not find anyone in the govern- ment who could name the maritime Colbert Nation. 2010. Colbert Report: Tip/Wag: Marshall Islands & Disney commissioner for the Marshall World Fate. http://www.colbertnation.com/ Islands, the individual charged with the-colbert-report-videos/312630/june-15 administering the RMI ship registry -2010/tip-wag---marshall-islands---disney- (MIJ, 25 June 2010). It remains to world-fate be seen how the Marshalls will fare Hamburger, Tom and Kim Geiger. 2010. in any future investigation of the Foreign Flagging of Offshore Rigs Skirts incident, as promised by the Obama U.S. Safety Rules. Los Angeles Times, administration. 14 June. As to the vote of the International Whaling Commission, a report in the ———. Marshall Law, American Disaster. Tribune Washington Bureau, 14 June. Sunday Times of London uncovered Archived online at http://petersantilli an alleged bribery scandal in which .com/2010/06/15/marshall-law-american Japanese officials attempted to pay -disaster/ off government representatives, MIJ, Marshall Islands Journal. Majuro. including those from the Marshall Daily. Islands, with cash, aid, and prosti- tutes in order to secure votes in favor Sunday Times [London] 2010. Flights, of reopening commercial whaling Girls and Cash Buy Japan Whaling Votes at June’s iwc meeting in Morocco 13 June. (Sunday Times, 13 June 2010). While Minister of Foreign Affairs Silk denied the bribery allegations, the commis- Commonwealth of the sion barred the Marshalls, along with Northern Mariana Islands sixteen other nations, from voting. The reason cited was a failure to pay The year in review was again one of annual IWC dues, which Silk admitted shock and awe with major crises being the Marshalls had fallen behind on, confronted with regard to the Retire- but the stigma of the bribery scandal ment Fund, budget process, Com- has placed the country, a traditionally monwealth Utilities Corporation, and pro-whaling entity, in an uncomfort- US-CNMI relations. Economic devel- able position as Palau, also a tradi- opment has been sporadic at best. This tionally pro-whaling nation, came out year’s report continues in the vein of ahead of the meeting declaring that it previous reports. would be voting “no” (MIJ, 25 June President Obama’s American 2010). It is unclear what the end result Reconstruction and Recovery Act of the RMI role in both the bp oil spill resulted in approximately $94 million and the IWC alleged bribery scandal being directed toward the common- will be, but they made for an inauspi- wealth. Some of that has already been cious end to an already tumultuous applied to road construction, school period of review. repairs, and a variety of other projects. david w kupferman This spending has yet to result in any tangible improvements in day-to-day pol i t ical reviews micronesia 191 living, however. Gas prices have con- development. As of this writing, there tinued to fluctuate. As of May 2010 has been no movement on the part of regular gas was around $3.90 a gallon the Neo-Gold Wings company to pay on Saipan and over $5.00 a gallon on their outstanding lease rent. Rota. The minimum wage increased Airline scheduling continued to be a by fifty cents last November to $4.55, problem, with only intermittent flights but another fifty-cent increase, to arriving from Japan. Only Northwest $5.05, has been delayed until Septem- Airlines had regularly scheduled daily ber 2010. flights between Saipan and Japan. One of the problems handicapping Regularly scheduled flights did come planning in the commonwealth has from Korea, which also ferried in been the issue of demographics. Since Russian and Chinese tourists. Tourism the last census in 2000, when the total was still way down, partially because population of the commonwealth was of changes in immigration policies pegged at about 70,000 (approxi- following the federalization of immi- mately 40,000 were guest workers), gration in November 2008. This has the garment industry has closed down caused confusion about impending and the economic conditions have visa regulations. driven many local people off island. The implementation of the Cov- There has been no way to accurately enant Implementation Act (Public Law estimate what the population is at this 110–229), which is commonly seen as point. Working estimates go from a the US takeover of immigration in the low of 50,000 to a high of 60,000. commonwealth, has resulted in a great The decennial census, which is tak- deal of confusion and worry in several ing place as this is being written, will sectors. The Department of Homeland go a long way toward resolving this Security has yet to finalize many of problem and provide for more rational the regulations it is responsible for planning at all levels. in the commonwealth while at the In the area of development, as same time the US Congress is now reported last year (McPhetres 2010), facing a major challenge in reforming two new hotels signed land leases for national immigration laws. Pressure is major investment programs. The Neo- on Congress to grant special immigra- Gold Wings Casino and Spa on Tinian tion status to persons who have lived and the Flame Sako project in the legally in the Marianas for five years Marpi Area of northern Saipan were or longer. The secretary of the interior promoted as major investments total- recommended that these alien workers ing hundreds of millions of dollars. be allowed to adjust their status and To date, beyond getting their leases suggested that there are five options approved by the legislature, no prog- under current US law that could be ress has been made on either project. applied: An alien worker could be However, in May 2010 the Korean granted (1) citizenship by act of Con- investment company on the Flame gress; (2) permanent residence status Sako project did pay their overdue (ie, a green card) with a pathway to lease payments and promised that they citizenship through a five-year resi- would be going ahead with the resort dence anywhere in the United States or 192 the contemporary pacific 23:1 (2011) its territories; (3) permanent resident department has conceded to allow an status leading to US citizenship after advance parole system for potential a five-year minimum residence in the tourists from those two countries. commonwealth; (4) non-immigrant Tourists must book in advance and status similar to that negotiated for seek approval to travel to Saipan citizens of the freely associated states, without going to a US consulate to get whereby such persons may live and a visa, which would otherwise take work in the United States and its ter- months. Russian tourists have been ritories but without a path to citizen- particularly important because they ship; or (5) non-immigrant status come in family groups, have consid- similar to that negotiated for citizens erable finances available for local of the freely associated states, whereby spending, and stay for several weeks such persons may live and work in the at a time. Under the new regulations commonwealth only (US Secretary of granting “parole” (essentially an the Interior 2010, 19). alternative visa waiver program), they Nearly everyone agrees that the can stay on Saipan for up to forty- economy of the Marianas is totally five days. All they have to do is have dependent on the availability of for- their travel agency fax an application eign labor. However, this availability showing their name, passport number, would be threatened if the workers family members, and other identifying were free to leave at will or if federal data to the Homeland Security office visa regulations handicapped employ- on Saipan, which then puts them on ers trying to obtain necessary workers. a list of eligible tourists at the airport. Special visas that would apply only to This system is currently in effect. the Northern Marianas but could be The imposition of Public Law obtained by those with “transitional 110 –229 has also severely curtailed worker status” are currently being control over foreign workers by the established by law. commonwealth departments of labor The Department of Homeland and immigration. Deportation is now Security’s delay in finalizing regula- under the exclusive authority of the tions has led to a great deal of conster- federal government, and a new federal nation over how to continue to attract immigration court has been estab- Russian and Chinese tourists, who lished that determines the deportabil- are presently considered extremely ity of foreign nationals. However, the valuable to business on Saipan and commonwealth labor department still Tinian. Previously, under local immi- believes that it has the authority to ter- gration control, these tourists entered minate work authorizations and sub- on a CNMI-only entry permit. The mit the names of offenders for depor- Department of Homeland Security tation. These conflicting positions are had initially planned to require regular being fought over by the federal and tourist visas for visitors from Russia commonwealth governments. and China, but, realizing how impor- Governor Benigno Fitial has chal- tant these tourists are to the CNMI lenged the authority of the United economy and how difficult it is to States to apply federal immigration get visas in their home countries, the and labor laws, citing it as a viola- pol i t ical reviews micronesia 193 tion of the commonwealth covenant. happened during the course of this He filed a federal court case in year was the successful performance of Washington DC shortly after impo- newly elected Congressional Delegate sition of the law, but the case was Gregorio Kilili Sablan.
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