Intermediate Response: Orla does apply outside Eretz Yisrael, as a halacha l’Moshe miSinai (oral tradition given to Moshe).[2] Many people don’t know about it because, in chutz la’aretz, it applies only when one knows the fruit is orla.[3] In your case, you do know!
The gemara[4] compares and contrasts a partnership with a non-Jew in a new orchard to a partnership with a non-Jew in a business which is open on Shabbat. If done in the proper way, your non-Jewish partner can buy a share in the land, whereby he will get control and ownership of all of the fruit for the first three years, and you will get them after that. If this is feasible and you would like to explore this option, we will send more details.
Question (part II): Your suggestion will not help us. We need to get the business going under our control (machinery, marketing, etc.) and to start selling. There is a shortage of noni fruit worldwide, and we need to ensure our market position now. We are willing to give all profits to tzedaka for the first three years! By the way, noni fruits taste and smell horrible. They are extremely healthful and can be used only for vitamins and for no more than 10% of a juice drink. Does that make a difference?
Answer (part II): Your last piece of information is crucial. Rav S.Z. Orbach[5] writes that he believes that orla applies only to edible fruits, not to those that can be used only for their extract, as the Torah refers to the fruit of “food-producing trees.”[6] It is true that orla applies even to benefits from uses of the fruit other than eating (e.g., burning, making paint[7]). However, if the fruit is inedible and is used only for its extract, then it is not included in the prohibition. Although Rav Orbach is not fully decisive in his ruling, there is a rule concerning doubts on the matter of orla that one should be stringent with Israeli fruit and lenient with others.[8] Therefore, you can rely on the approach that orla does not apply to noni fruit, as you describe them.
Had we been discussing an edible fruit, the situation would be as follows. A partnership with a non-Jew, which the gemara[9] mentions as helping in connection to an orchard of orla, does not make the fruit permitted. It simply creates a situation where the Jew has no benefit from the fruit during those years. Even orla fruit which is fully owned by non-Jews is forbidden for Jewish benefit. Thus, you could not sell the fruit, in spite of your intention to give the money to tzedaka. Plans to give away the profits in the future do not remove the status of benefit from the sale in immediate terms. Besides benefiting by receiving money, there are other problems. Commerce with forbidden foods is prohibited (details are beyond our present scope[10]). Also, use of the fruit to obtain a market share itself would be considered benefit. The Rama[11] rules that one cannot even help pick a non-Jew’s orla fruit free of charge because of the benefit accrued from the favor the non-Jew now owes.