JUL 2 6 1996 ACKNOWLEDGMENT RECEIPT Ad.- the Honorable Judith Won-Pat Borja Received
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CARL T.C. GUTIERREZ GOVERNOR OF GUAM OFFICE OF THE LEGISLATIVE SECRETARY JUL 2 6 1996 ACKNOWLEDGMENT RECEIPT Ad.- The Honorable Judith Won-Pat Borja Received. By Acting Lt. Governor and Acting Speaker Time .2 : ,..r/0. /y1. Twenty-Third Guam Legislature Guam Legislature Temporary Building 155 Hesler Street Agana, Guam 96910 Dear Speaker Won-Pat Borja: Enclosed please find a copy of Substitute Bill No. 299 (LS), "AN ACT TO AMEND §2404(9), §2405.6, §2427.5, §2442 AND §2443 OF CHAPTER 2, TITLE 12, GUAM CODE ANNOTATED; TO ADD NEW §2428.4 TO TITLE 12, GUAM CODE ANNOTATED; AND TO AMEND SECTION 23713 OF CHAPTER VII, TITLE XXXIV, GOVERNMENT CODE, ALL RELATIVE TO AUTHORIZING THE ISSUANCE OF QUALIFYING CERTIFICATES TO GUAM INSURERS AND TO CLARIFY THE TAXATION OF CAPTIVE INSURERS", which I have signed into law today as Public Law No. 23-109. This bill was introduced and moved through the legislature as a result of work done by members of the Governor's Council of Economic Advisors, specifically the subcommittee chaired by Mr. Al Pickens, and the Financial Services Section of the Vision 2001 Task Force, who worked closely in conjunction with the Legislature's Chairman of the Committee on Economic- Agricultural Development and Insurance, Senator Joe T. San Agustin. This legislation offers significant tax neutrality in the form of Guam Economic Development Authority Qualifying Certificates in order to increase, also significantly, the insurance business on Guam, specifically underwriters. This legislation does not affect existing service entities in the insurance industry, nor does it change Guam's insurance laws, however this legislation will encourage new underwriters to do business here. It is designed to obtain for Guam the same type of business presently enjoyed in other locations, such as the Cayman Islands and Bermuda in the Post Office Box 2950, Agana, Guam 96910 • (671)472-8931 • Fax: (671)477-GUAM Speaker/SB299/PLO 09 July, 1996 - page 2 Caribbean, which enjoy record-breaking growth in the development of insurance business and other financial business, such as banking. This legislation is designed to enable Guam to position itself as a location for Asian companies to enter the captive insurance industry, just as North American and European companies now are able to enter the captive insurance industry in various locations in the Caribbean. Since captive insurance is a new opportunity in the Asian region, Guam is uniquely situated to be the Asian region's insurance center. This will be a new business for Guam; to diversify Guam's economy which is now concentrated on the visitor industry. This new law will be effective in January, 1997, but only when required rules and regulations to implement the provisions are completed by the Department of Revenue and Taxation and the Guam Economic Development Authority. These rules will be necessary to this legislation. I am enthusiastic about the prospect of locating a new type of financial business on Guam, linked to the vital Asian economies, which are so important to the welfare of the economy of Guam. The nurturing of new financial markets on Guam will provide wider stability and prosperity to Guam's economy. We must make this new industry successful. A copy has also been delivered to the Office of the Legislative Secretary. Very truly yours, C T. Gutierrez Governor of Guam Attachment 23136. CARL T.C. GUTIERREZ GOVERNOR OF GUAM JUL 2 6 1996 OFFICE OF THE LEGISLATIVE SECRETARY ACKNOWLEDGhi NT RECEIPT The Honorable Sonny L. Orsini Received By Acting Legislative Secretary 38 awl Twenty-Third Guam Legislature Time /i Guam Legislature Temporary Building Date 49 155 Hesler Street Agana, Guam 96910 Dear Mr. Legislative Secretary: Enclosed please find a copy of Governor's message and Substitute Bill No. 299 (LS), "AN ACT TO AMEND §2404(9), §2405.6, §2427.5, §2442 AND §2443 OF CHAPTER 2, TITLE 12, GUAM CODE ANNOTATED; TO ADD NEW §2428.4 TO TITLE 12, GUAM CODE ANNOTATED; AND TO AMEND SECTION 23713 OF CHAPTER VII, TITLE XXXIV, GOVERNMENT CODE, ALL RELATIVE TO AUTHORIZING THE ISSUANCE OF QUALIFYING CERTIFICATES TO GUAM INSURERS AND TO CLARIFY THE TAXATION OF CAPTIVE INSURERS", which I have signed into law today as Public Law No. 23-109. A copy has also been delivered to the Office of the Speaker. Very truly yours, C T. C. Gutierrez Governor of Guam COMMITTEERULES 7449 Attachments bve AEI ued _ e~ finosammeniiiMmaiNUMMININ11n.010...1416""" 2313A . s I ni. Dtotik Sen 06/ANWNIlk *MAW* 440Nsaweov.40.1*. 44atizIott Post Office Box 2950, Agana, Guam 96910 • (67 1 (472-8931 • Fax: (671)477-GUAM TWENTY-THIRD GUAM LEGISLATURE 1996 (SECOND) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO THE GOVERNOR This is to certify that Substitute Bill No. 299 (LS), "AN ACT TO AMEND §2404(9), §2405.6, §2427.5, §2442 AND §2443 OF CHAPTER 2, TITLE 12, GUAM CODE ANNOTATED; TO ADD NEW §2428.4 TO TITLE 12, GUAM CODE ANNOTATED; AND TO AMEND SECTION 23713 OF CHAPTER VII, TITLE XXXIV, GOVERNMENT CODE, ALL RELATIVE TO AUTHORIZING THE ISSUANCE OF QUALIFYING CERTIFICATES TO GUAM INSURERS AND TO CLARIFY THE TAXATION OF CAPTIVE INSURERS," was on the 11th day of July, 1996, duly and regularly passed. Cbc2-4/11-- DON PARKINSON Speaker Attested: JUDIT O PAT-BORJA Senator -gislative Secretary This Act was received by the Governor this ,/ 7f-' ' day of 1996, at / : / 7 o'clock A .M. , /,' ssista‘i-ISta=-r ---- Governor's Office APPROVED: CARL T. C. GUTIERREZ Governor of Guam Date: 7--- ,26 -IC Public Law No. ;--' 3 /CY TWENTY-THIRD GUAM LEGISLATURE 1995 (FIRST) Regular Session Bill No. 299 (LS) As further substituted by the Committee on Economic Agricultural Development & Insurance - June 5, 1996 and as substituted on the floor. Introduced by: J. T. San Agustin E. Barrett-Anderson S. L. Orsini A. C. Blaz V. C. Pangelinan T. C. Ada J. P. Aguon J. M. S. Brown F. P. Camacho M. C. Charfauros H. A. Cristobal M. Forbes A. C. Lamorena V C. Leon Guerrero L. Leon Guerrero T. S. Nelson D. Parkinson A. L. G. Säntos F. E. Santos A. R. Unpingco J. Won Pat-Borja AN ACT TO AMEND §2404(9), §2405.6, §2427.5, §2442 AND §2443 OF CHAPTER 2, TITLE 12, GUAM CODE ANNOTATED; TO ADD NEW §2428.4 TO TITLE 12, GUAM CODE ANNOTATED; AND TO AMEND SECTION 23713 OF CHAPTER VII, TITLE XXXIV, GOVERNMENT CODE, ALL RELATIVE TO AUTHORIZING THE ISSUANCE OF QUALIFYING CERTIFICATES TO GUAM INSURERS AND TO CLARIFY THE TAXATION OF CAPTIVE INSURERS. 1 1 BE IT ENACTED BY THE PEOPLE OF THE TERRITORY OF GUAM: 2 Section 1. Legislative findings and intent. The Legislature finds that it 3 is desirable to broaden the base of the Guam economy to include more than 4 tourism and military base employment, and that one of the most attractive 5 economic opportunities available to the island is to utilize its unique 6 geographic location to become a financial/insurance capital of the Pacific, 7 much like Bermuda in the Atlantic. Persuading insurance issuers, whether 8 reinsurer, commercial insurers, or so-called "captive insurers," to locate their 9 Pacific headquarters in Guam requires the establishment of an environment 10 that permits them to operate their companies aggressively both outside of 11 and within Guam without paying taxes on anything locally, thereby having 12 the advantage of being located in a modern American community with some 13 of the world's finest communication tools, with access to American courts and 14 to the American school and health systems and yet free of local taxes on their 15 worldwide income. The Legislature further finds that the action taken in the 16 past to encourage so-called "export trading companies" to headquarter 17 themselves in Guam in return for freedom from local taxes has worked out 18 quite beneficially for the territory, there being hundreds of such companies 19 now operating in Guam, employing local people and paying substantial local 20 licensing and surveillance fees. The Legislature therefore, in view of the 21 foregoing findings, declares that the intention of the following amendments 22 and additions to the GEDA Law is to encourage insurers to establish 23 headquarters in Guam by agreeing that their premium income will not be 24 locally taxed. Because of current income tax relations between the United 25 States and Guam, such tax exemption requires using both the rebate and 26 abatement procedures set out in the GEDA Law (Chapter 2, Title 12, Guam 2 1 Code Annotated), which procedures have been upheld by the U.S. Court of 2 Appeals for the Ninth Circuit. See Ramsey v. Chaco, 549 F.2d (1977). 3 Section 2. Amendments to GEDA Law. (a) Subitem (9) of §2404, Title 4 12, Guam Code Annotated, as amended in P.L. 22-159:2, is hereby amended to 5 read as follows: 6 "9. Insurance issuance, either by commercial insurers, 7 reinsurers, or captive insurers which meet the requirements 8 of Chapter III (Domestic Insurers), Title XXXIX, Government 9 Code;" 10 (b) §2405.6 of Title 12, Guam Code Annotated, as added in P.L. 11 No. 22-159:2, is hereby amended to read as follows: 12 "§2405.6. Insurance. Establishment of Guam as a 13 financial/insurance center for the Pacific, and increasing the 14 availability and lowering the cost of insurance in Guam." 15 (c) §2427.5 of Title 12, Guam Code Annotated, as added by P.L. 16 No. 22-159:2, is hereby amended to read as follows: 17 "§2427.5. Insurance premiums. All taxes now levied by 18 virtue of Article 2, Chapter 26, Title 11, Guam Code 19 Annotated, known as gross receipts taxes, shall be abated for 20 a period of up to twenty (20) years from the effective date of 21 the Qualifying Certificates therefor, for those gross receipts 22 derived from underwriting insurance risks either in or out of 23 Guam, including gross receipts derived from investing funds 24 generated from insurance underwriting in Guam by an 25 insurance company that has qualified and continues to qualify 26 for a Qualifying Certificate.