A report by the Department of Homeland Security into the incident involving the vessel Kite Runner’s trip to Samoa, in April of this year, recommends that two ASG employees who signed after the fact clearances for the vessel be charged. It also recommends that the individual who requested the late clearance for the vessel be prosecuted.
The report reveals that the Kite Runner did not go through the proper clearance process before it left the territory for Apia.
Any vessel departing American Samoa has to submit a crew list with copies of passports to the Department of Port Administration. Port then issues and approves a departure form. The vessel owner or operator takes this departure form to the Customs Office for review and approval. Afterwards, Customs issues a Certificate of Clearance (COC).
But according to the Department of Homeland Security report, the vessel departed for Samoa on April 25 without a COC.
The investigation report mentions an email from an official of the Ministry of Works, Transport and Infrastructure in Samoa to Tish Peau, who is listed as the owner of the Kite Runner, which said “Faamolemole urgently need COC from Pago.”
The investigation revealed that Customs Pago issued a COC after the boat arrived in Samoa and this allowed the vessel enter the wharf at Matautu, before it sailed to Savaii, its intended destination.
That COC was dated April 25, the same day that the Kite Runner departed American Samoa, and it showed that it was approved by the Chief of Customs. However, the Chief of Customs told investigators he didn’t sign the document as he was off-island at the time.
Deputy Chief of Customs Juliano Falaniko told investigators that the clearance for the Kite Runner was on hold and the boat left without a clearance. He said someone from the Customs Vessel Unit issued the COC after the fact.
Sheehan Samuela Seigafo, was identified as the customs agent who signed the COC for the Kite Runner.
At the time, the Homeland Security investigation report was issued, August 2, Seigafo had not returned from off-island since leaving the territory June 14.
The Water Transportation Supervisor of Port Administration, Loleni Faiai, captained the Kite Runner for the trip to Apia. He told investigators that he was on leave for his father’s funeral when Papaii Laulii called him to ask if he could captain the boat, because the actual captain was not available and did not have his documents.
He said the boat left on April 25 between 8am and 9am, and arrived in Apia around 11 am that same day (April 26 in Samoa). According to him, Peau handed him an envelope with documents for the trip but he didn’t have time to go over them. It was only when they arrived in Apia that he noticed that there was no Certificate of Clearance.
He said, as the captain, he was at fault and should’ve taken time to review the documents before the boat departed for Apia to make sure everything is completed. But he had been called last minute while attending his father’s funeral, so he didn’t have time to check the papers.
As explained, before a Certificate of Clearance is issued, Port Administration has to issue a departure form. According to the investigation report, one was issued also after the fact. It was dated April 25 and was signed by Port Administration Pier Section Manager Julia Paaga.
Homeland Security recommends that Julia Paaga and Sheehan Samuela Seigafo be charged with forgery, and that Tish Peau be charged with criminal fraud and conspiracy to commit an offence.
The Emergency Position Indicating Radio Beacon (EPIRB) registration form for the Kite Runner lists Tish Peau as Owner/Operator of the vessel. Peau is also the Acting Director of the Office of Historic Preservation.
The Kite Runner is listed as a non-commercial vessel, 30 feet in length, with capacity for 10 crew members and passengers.
The vessel registration with the Department of Public Safety, dated February 22, 2023, is in the name of businessman Papalii Laulii Alofa.
