HomeReportsBureau of Economic and Business Affairs2018 Investment Climate Statements...Samoa

# 					2018 Investment Climate Statements: Samoa			

 In this section										/

													Executive Summary											

                -  Executive Summary 
                -  1. Openness To, and Restrictions Upon, Foreign Investment   
                -  2. Bilateral Investment Agreements and Taxation Treaties   
                -  3. Legal Regime   
                -  4. Industrial Policies   
                -  5. Protection of Property Rights   
                -  6. Financial Sector   
                -  7. State-Owned Enterprises   
                -  8. Responsible Business Conduct   
                -  9. Corruption   
                -  10. Political and Security Environment   
                -  11. Labor Policies and Practices   
                -  12. OPIC and Other Investment Insurance Programs   
                -  13. Foreign Direct Investment and Foreign Portfolio Investment Statistics   
                -  14. Contact for More Information   

## Executive Summary

The Independent State of Samoa is a peaceful parliamentary democracy within the Commonwealth of Nations. It has a population of approximately 190,000 and a nominal GDP of USD 865 million. Samoa became the 155th member of the WTO in May 2012 and graduated from least developed country (LDC) status in January 2014.

Samoa is recognized throughout Oceania as one of the most politically and economically stable democratic countries in the region – based on strong social and cultural structures and values. The country has been governed by the Human Rights Protectorate Party (HRPP) since 1982, and Prime Minister Tuilaepa Sailele Malielegaoi has been in power since 1998.

Samoa is located south of the equator, about halfway between Hawaii and New Zealand in the Polynesian region of the Pacific Ocean. The total land area is 1,097 square miles, consisting of the two large islands of Upolu and Savai’i, which account for 99 percent of the total land area and eight small islets. About 80 percent of all land is customary land, owned by villages, with the remainder either freehold or government owned. Customary land can be leased.

Several changes and natural disasters have taken place in Samoa in the past seven years that have shaped the country significantly. Samoa previously drove on the right (U.S.) side of the road, but in September 2009 switched to driving on the left (British) side. All cars now imported are right-hand drive. Also, Samoa was previously located east of the international dateline, but in December 2011 moved to the other side (UTC +13), switching from the last sunset of the world each day to becoming one of the first countries to start each day.

The September 2009 tsunami and the December 2012 cyclone (Evan) each inflicted damage equivalent to a quarter of Samoa’s GDP. Samoa has recovered from effects of the tsunami, and largely recovered from the cyclone, but both were significant setbacks to the economy.

The service sector accounts for nearly three-quarters of GDP and employs approximately 50 percentof the formally employed labor force (which is about 20 percent of the population). Tourism is the largest single activity, with visitor numbers and revenue more than doubling over the last decade. Industry accounts for nearly 15 percent of GDP, while employing less than 6 percent of the work force.

*Table 1*

							1. Openness To, and Restrictions Upon, Foreign Investment					

**Policies Towards Foreign Direct Investment**

The Government of Samoa welcomes business and investors. Samoa’s fertile soil, English-speaking and educated workforce, and tropical climate offer advantages to focused investors, though the country’s distance from major markets affects the cost of imports and exports. The main productive sectors of the economy are agriculture and tourism, and the economy depends heavily on overseas remittances.

For investors, Samoa offers a trained, productive and industrially adaptable work force that communicates well in English; competitive wage rates; free repatriation of capital and profits; well-developed, reasonably priced transport infrastructure, telecommunications, water supply, and electricity; industry incentive packages for Tourism and Manufacturing sectors; a stable financial environment with single-digit inflation, a balanced budget and international reserves; relatively low corporate & income taxes; and a pleasant and safe lifestyle.

All businesses in the greater Apia area have access to broadband and Wi-Fi, which is reasonably reliable and fast, but relatively expensive. In rural Upolu and on Savaii Island there is limited availability of high speed internet and Wi-Fi. However, Samoa recently completed the installation of a National Broadband Highway which will provide fiber optic data services and 4G LTE cellular data speeds to the entire country. 4G LTE data speeds are operative and commercially available to limited areas. 3G internet accessibility from cellular devices is currently available nationwide.

Samoa’s current connection to the internet is through the fiber optic ASH cable, which runs from American Samoa to Hawaii, with the SAS cable linking the two Samoas, and has an expected lifetime through 2020. Samoa recently finalized a connection to the Southern Cross Cable, the main existing trans-Pacific fiber optic link between Australia and the mainland United States. Internet Service Providers are currently in the process of transitioning to this cable.

Foreign Investors are permitted 100 percent ownership in all different sectors of industry with the exception of restricted activities below.

The following businesses are reserved for Samoan Citizens only:

- Bus transport services for the general public;
- Taxi transport services for the general public;
- Rental vehicles;
- Retailing;
- Saw milling; and
- Traditional elei garment designing and printing.

Please see Samoa’s Foreign Investment Act 2000 for a more detailed Restricted List: http://www.paclii.org/ws/legis/consol_act/fia2000219/ .

**Limits on Foreign Control and Right to Private Ownership and Establishment**

Foreign Investors are permitted 100 percent ownership in most sectors of the industry with the exception of conditions for restricted activities below:

- Automotive & Ground Transportation;
- Consumer Goods & Home Furnishings;
- Environmental Technologies;
- Textiles, Apparel & Sporting Goods.

Please see Samoa’s Foreign Investment Act 2000 for a more detailed Restricted List: http://www.paclii.org/ws/legis/consol_act/fia2000219/ .

**Other Investment Policy Reviews**

The IMF completed a financial sector assessment with Samoan authorities in 2015. Readouts from this visit can be found here: http://www.imf.org/external/country/WSM/ .

Samoa’s national investment policy statement can be found here: https://www.mcil.gov.ws/services/investment-promotion-and-industry-development/investment-promotion/ .

The Strategy for the Development of Samoa can be found here: http://www.mof.gov.ws/Services/Economy/EconomicPlanning/tabid/5618/Default.aspx .

Samoa’s Trade, Commerce, and Manufacturing Sector Plan 2012-2016 Volumes 1&2 are available here: http://www.mof.gov.ws/Services/Economy/SectorPlans/tabid/5811/Default.aspx .

**Business Facilitation**

The Ministry of Commerce, Industry and Labor (MCIL) administers Samoa’s foreign investment policy and regulations (https://www.mcil.gov.ws /). To open up a branch of an existing corporation in Samoa, one must register the company for about US USD 150. For a company to qualify as a “Samoan company,” the majority of share-holders must be Samoan. The fee to register an overseas company is about US USD 150. All businesses with foreign shareholdings must obtain and hold valid foreign investment registration certificates. The application fee is about US USD 50 and can be obtained by contacting MCIL. Certificates are valid until the business terminates activity. If a business does not commence activity within 2 years after a certificate is issued, the certificate becomes invalid. Upon approval of the FIC, the foreign investor is then required to apply for a business license before operating in Samoa. Fees range from US USD 100-USD 250, depending on the type of business.

Land has a special status in Samoa, as it does in most Pacific Island countries. Under the country’s land classification system, about 80 percent of all land is customary land, owned by villages, with the remainder either freehold (private) or government owned. The standard method for obtaining customary land, which cannot be bought or sold, is through long term leases that must be negotiated with the local communities. A typical lease for business use might be for 30 years, with the option of a further 30 years after that, but longer terms can be negotiated. It should be noted that customary land cannot be mortgaged, and thus cannot be used as collateral to raise capital or credit. Freehold land, mostly based in and around Apia can be bought, sold and mortgaged. Only Samoan citizens may buy freehold land, unless approval is obtained from Samoa’s Head of State.

The Foreign Investment Act 2000 is the preeminent legislation on foreign investment. http://www.paclii.org/ws/legis/consol_act/fia2000219/ .

**Business Registration**

- Step 1: Register your company and get a Foreign Investment Certificate at MCIL.  https://www.businessregistries.gov.ws/  ;   https://www.mcil.gov.ws/services/business-registration/foreign-investment-registration/  ;
- Step 2: Obtain a business license and register for VAGST and PAYE from the Ministry of Revenue.
- http://www.revenue.gov.ws/business-information-guides  ;
- Step 3: Register with the National Provident Fund.  http://npf.ws/empregistration;
- Step 4: Register with the Accident Compensation Board.   https://www.acc.gov.ws/levy-registration/  .

This website explains all of these steps in more detail:  http://www.doingbusiness.org/data/exploreeconomies/samoa/starting-a-business/ .

Some parts of these registrations can be done online, but most, if not all, require payment in person.

MCIL has an Industry Development and Investment Promotion Division (IDIPD) with services available to all investors. https://www.mcil.gov.ws/services/investment-promotion-and-industry-development/ .

Samoa’s Ministry of Revenue only distinguishes between small/medium enterprises (less than USD 400K in annual turnover) and large enterprises (over USD 400K in annual turnover). Priority service is given to large enterprises.

**Outward Investment**

There is minimal outward investment from Samoa beyond several stationery and apparel stores having branches in New Zealand and American Samoa. The Government and economy is more focused on increasing exports of Samoan products. The Government does not appear to restrict investment abroad.

Pacific Islands Trade and Invest (https://pacifictradeinvest.com/about/ ) is a resource for companies looking to establish themselves overseas.

							2. Bilateral Investment Agreements and Taxation Treaties					

Samoa is not party to any bilateral investment or bilateral taxation treaties.

Since 2001 there has been in place an umbrella agreement, Pacific Agreement on Closer Economic Relations (PACER) which provides a framework for future development and trade between Pacific Island nations and Australia and New Zealand.

The South Pacific Regional Trade and Economic Co-operation Agreement (SPARTECA) entered into force in 1981. SPARTECA is a non-reciprocal trade agreement under which New Zealand and Australia offer duty-free and unrestricted access to virtually all products originating from developing Forum Island Countries (FICs) subject to Rules of Origin (ROO).

The Pacific Island Countries Trade Agreement (PICTA) entered into force in April 2003. PICTA is a free trade agreement amongst the 14 Forum Island Countries (FICs) excluding Australia and New Zealand. The aim is to remove tariff on most goods by 2021, excluding alcohol and tobacco related products. At present, eligible Samoan exports that meet the Rules of Origin (ROO) criteria are accorded preferential duties in Fiji, Cook Islands, Vanuatu, Solomon Islands, Niue and Tuvalu. The remaining FICs continue to progress their implementation of PICTA and have yet to announce their readiness to trade under PICTA.

PACER Plus, which builds on the existing SPARTECA and PACER agreements, concluded negotiations in April 2017 and was signed in June 2017. This multilateral agreement, intended to increase trade and economic integration between Australia, New Zealand and the participating Pacific Island countries, has been in negotiations since 2009. Fiji and Papua New Guinea did not sign the agreement noting they feel they can achieve a more favorable agreement bilaterally versus multilaterally.

The African, Caribbean and Pacific Group of States (ACP) – European Union (EU) Economic Partnership Agreements (EPA) has been in negations since 2004. PACP Ministers agreed that the EPA would be negotiated as a region with the goal of achieving a comprehensive and development-enhancing EPA that would bring benefits to all PACPS.

Please visit Samoa’s Ministry of Foreign Affairs and Trade website for more information: http://www.mfat.gov.ws/trade/trade-agreements/ .

							3. Legal Regime					

**Transparency of the Regulatory System**

The Government uses transparent policies and effective laws to establish “clear rules of the game”. Accounting, legal and regulatory procedures are all consistent with international norms. According to the Samoa Institute of Accountants, businesses adhere to International Financial Reporting Standards (IFRS) and International Standards on Auditing and Quality Assurance.

Draft bills are made available through the parliamentary website, http://www.palemene.ws/new/parliament-business/bills/ , but are not made available for formal public comment.

The Office of the Regulator (OOTR) was established in 2006 under the Telecommunications Act 2005 to provide regulatory services for the telecommunications sector in Samoa. However, the Broadcasting and Postal Services Acts 2010 were recently approved by Parliament, which also provide regulatory framework for broadcasting and postal sectors in Samoa. These Acts require the Regulator to establish a fair, unbiased and ethical regime for implementing the objects of these Acts including licensing of telecommunications, broadcasting and postal services, promotion of new services and investment, consumer protection, prevention of anti-competitive activities by service providers, and management of the radio spectrum and national number plans. OOTR also approves the Electric Power Corporation’s Power Purchase Agreements with Independent Power Providers and reviews EPC’s Power Extension Plan.

**International Regulatory Considerations**

Samoa is a member of the Pacific Islands Forum, which is an 18-member inter-governmental organization that aims to enhance cooperation between the independent countries of the Pacific Ocean.

Samoa’s system of government is based on the Westminster Parliamentary system. Samoa’s Companies Act 2001 contains a modern regulatory regime based on New Zealand company law.

**Legal System and Judicial Independence**

The Samoan legal system has its foundations in English and Commonwealth statutory and common law. Various business structures utilized in common law are recognized: sole traders, partnerships, limited liability companies, joint ventures and trusts (including unit trusts). These structures are regulated by legislation including the Companies Act 2001, Partnership Act 1975, Trustee Act 1975 and Unit Trusts Act 2008. Samoa’s Companies Act 2001 contains a modern regulatory regime based on New Zealand company law. It allows the incorporation of a sole person company (ie. one person being both shareholder and director) and directors need not be resident in Samoa.

A Samoa incorporated private company is a separate legal entity and a corporation under Samoan law. It must file an annual return with the Registrar of Companies specifying details of directors, shareholders, registered office etc. There is no requirement for private companies to file annual financial reports with the Companies Registry nor are there any minimum capital requirements.

The judicial system is largely independent from the executive branch. The current executive branch wields a great deal of influence in all matters of the country.

**Laws and Regulations on Foreign Direct Investment**

The Ministry of Commerce, Industry and Labor administers Samoa’s foreign investment policy and regulations under the Foreign Investment Act 2000. All businesses with any foreign ownership require foreign investment approval by MCIL. (https://www.mcil.gov.ws/ ).

**Competition and Anti-Trust Laws**

The Ministry of Commerce, Industry, and Labor’s Fair Trading and Codex Alimentarius Division (FTCD) handles competition related concerns. The main pieces of legislation regarding competition are Fair Trading Act 1998, Consumer Information Act 1989, and Measures Ordinance 1960.

**Expropriation and Compensation**

Expropriation cases in Samoa are not common; however, there was one significant case that occurred in 2009 over land designated for a new six story government complex. A business signed a 20-year lease with the government in 2005 but was then asked to move in 2008 to make way for the new building. The business moved, but won a settlement in the Court of Appeals against the government for a much larger sum than the government initially offered the business for vacating the land.

**Dispute Settlement**

The Alternative Dispute Resolution Act of 2007 (amended 2013) outlines ADR procedures for both criminal and civil proceedings. Samoa has an Accredited Mediators of Samoa Association that was put in place to help resolve (largely commercial) disputes.

*ICSID Convention and New York Convention*

Samoa has been party to the ICSID since 1978. Samoa is not party to the New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards.

*Investor-State Dispute Settlement*

The provisions of the Labour and Employment Relations Act 2013 have full effect in relation to disputes that involve foreign investors in Samoa. Foreign investors are subject to this Act.

The Alternative Dispute Resolution Act 2007 also provides alternative dispute resolution procedures where civil or criminal cases may arise.

*International Commercial Arbitration and Foreign Courts*

The provisions of the Arbitration Act 1976 shall have full effect in relation to disputes that involve foreign investors in Samoa. Subject to this Act and to any other law in Samoa, the Convention Settlement of Investment Disputes signed in Washington on 3rd February 1978 and ratified by Samoa on the 25th April 1978, shall have the force of law in Samoa. The Alternative Dispute Resolution Act 2007 also provides alternative dispute resolution procedures where civil or criminal cases may arise.

**Bankruptcy Regulations**

The Bankruptcy Act 1908 is in effect in Samoa. According to World Bank Doing Business 2016 survey, in terms of resolving insolvency, Samoa was ranked at 137 out of 190. The survey estimated that it took two years at a cost of 38 percent of the estate to complete the process, with an estimated recovery rate of 18.5 percent of value.

							4. Industrial Policies					

**Investment Incentives**

The Industry Development and Investment Promotion Division (IDIPD) under MCIL administers several schemes designed to provide assistance to businesses that produce for overseas and domestic markets, enhancing development of domestic businesses as well as property developers in the tourism industry, and also businesses in the private sector. Such schemes offer duty concessions on imported goods for the tourism and manufacturing industries and income tax exemptions for up to five years for hotel operators.

*Research and Development*

U.S. and foreign firms may participate in government financed or subsidized research and development programs as technical and in-country capacities are limited. However, as such programs are usually financed by foreign development partners and donors, any conditions and limitations may be dependent on the source of project financing.

**Foreign Trade Zones/Free Ports/Trade Facilitation**

Samoa does not have a Foreign Trade Zone.

**Performance and Data Localization Requirements**

In order to hire a non-Samoan citizen for a job, one must prove that the required skillset is not available through the local labor force. It is not an onerous task hire non-residents.

There is no forced localization in terms of goods or technology.

There is no forced localization of data other than the industry exceptions outlined in the Intellectual Property section below.

							5. Protection of Property Rights					

**Real Property**

*Leasing of Land*

In accordance with the Alienation of Customary Land Act 1965 and the Alienation of Freehold Land Act 1972, land may be leased for up to 30 years renewable once in the case of land leased or licensed for industrial purposes or a hotel and 20 years renewable once in the other cases.

Land holdings and ownership in Samoa fall into three (3) categories:

- Customary Land: These lands are not for sale but can be leased out to foreigners as well as locals. All leased lands in this category are registered with the Ministry of Natural Resource and Environment. In case of dispute, ownership is decided by the Ministry of Justice and Courts Administration.
- Public Land: The Ministry of Environment and Natural Resources administers the database of Government land available for lease. Applications for leasing of land should be submitted to the Chairman of the Samoa Land Board.
- Freehold Land: Freehold land cannot be sold or leased to someone who is not a citizen of Samoa, unless except with the proper consent of the Head of State of Samoa.

**Intellectual Property Rights**

Samoa has legislation protecting patents, utility models, designs and trademarks. Enforcement is moderate. Counterfeit products are available on the local market. Counterfeit home entertainment items are common as there is only one theater in Samoa to show legitimately distributed movies. There are no data available on counterfeit goods.

To protect and safeguard intellectual property in Samoa, the Government has passed the following laws:

- Copyrights Act 1998 – applies to work including books, pamphlets, articles, computer programs, speeches, lectures, musical works, audiovisual, works of architecture etc;
- Intellectual Property Act 2013 – for the registration and enforcement of rights of owners of Trademarks, Patents, Industrial designs, GI and Plant varieties.

Samoa is not on USTR’s Special 301 list or the Notorious Markets Report.

For additional information about treaty obligations and points of contact at local IP offices, please see WIPO’s country profiles at http://www.wipo.int/directory/en/ .

							6. Financial Sector					

**Capital Markets and Portfolio Investment**

The capital market is regulated by the Central Bank of Samoa. Since January 1998, the Central Bank has implemented monetary policy by issuing its own Securities using market based techniques – commonly known as Open Market Operations (OMO). CBS Securities are the predominant monetary policy instrument, which is issued to influence the amount of liquidity in the financial system.

Capital Markets in Samoa are in their infancy with the Unit Trust of Samoa (UTOS) domestic market established in 2010, and no international stock exchange. More information on UTOS can be found in section 10.

Samoa has accepted the obligations of IMF Article VIII, Sections 2, 3, and 4, and maintains an exchange system that is free of restrictions on payments and transfers for current international transactions.

**Money and Banking System**

Samoa is well-served with banking and finance infrastructure. It has no less than four commercial banks, complimented by a dynamic development bank. The sector is ably regulated by the Central Bank of Samoa. The largest banks are regional operators ANZ and Westpac, which offer a wide range of services based upon electronic banking platforms. Although they service all markets, they tend to dominate the top-end, encompassing corporate, government and high net worth individuals. Samoa is still a cash-based society, however, and this has enabled two locally-owned entrants, the National Bank of Samoa and Samoa Commercial Bank, to each garner double-digit market share, despite entering the market quite recently.

With its International Finance Centre (SIFA)—the first Pacific center to be white-listed by the OECD—and a well-structured financial services sector, Samoa is well placed to service the needs of both local and offshore businesses.

The Government, through the Central Bank, has been largely resistant of blockchain technologies. Their skepticism is somewhat warranted with the discovery of several cryptocurrency schemes operating in the country widely believed internationally to be scams.

**Foreign Exchange and Remittances**

*Foreign Exchange Policies*

The Central Bank of Samoa (CBS) controls all foreign exchange transactions as well as matters relating to monetary stability and supply of money within the country. This includes international transactions, overseas transfer of funds and funding of imports, and registration of insurance companies. Repatriation of overseas capital and profits is normally permitted provided the original investment entered Samoa through the banking system or in an otherwise formally approved manner. Investors also have the freedom to repay principle and interest on foreign loans raised for the purpose of the investment and the freedom to pay fees to foreign parties for the use of intellectual property rights.

Transfers of currency are protected by Article VII of the International Monetary Fund (IMF) Articles of Agreement (http://www.imf.org/External/Pubs/FT/AA/index.htm#art7 ).

**Remittance Policies**

Repatriation of capital and profit remittances on foreign capital is permitted, although it must be approved by the CBS based on submission of necessary documents, such as the following:

- Application letter explaining the request;
- Audited accounts relating to the profit remittance year(s) requested;
- A copy of the Authorized Directors’ Resolution approving the specified dividend payment; and
- A tax clearance certificate from the Ministry for Revenue.

Samoa’s Financial Intelligence Unit (FIU) within the Central Bank and the Ministry of Foreign Affairs and Trade do issue and provide to all financial institutions governed under the Money Laundering Prevention Act 2007.

**Sovereign Wealth Funds**

There is no sovereign wealth fund or asset management bureau in Samoa. The country has the Samoa National Provident Fund which manages and invests members’ savings for their retirement.

							7. State-Owned Enterprises					

Private enterprises are allowed to compete with public enterprises under the same terms and conditions. Laws and rules do not offer preferential treatment to SOEs. State-owned enterprises are subject to budget constraints and these are enforced.

SOEs are active in the Energy, Water, Health, Tourism, Banking, Agriculture supplies, and Ports/Airports sectors. Laws do not provide for a leading role for SOEs or limit private enterprise activity in sectors in which SOEs operate. SOEs have government appointed boards, and operate with varying degrees of autonomy with respect to their governing Ministry.

SOEs follow a normal corporate structure with a board of directors and executive management. All SOEs have boards of directors who are appointed by a cabinet minister. Some SOEs have board seats allocated specifically to the heads of certain government ministries.

By law SOEs are required to present financials to their board of directors, shareholding Ministry and the National Auditor. Timely compliance, however, varies between SOEs.

**Privatization Program**

Major recent privatizations in Samoa were in broadcasting (2008) and telecommunications (2011), both resulting in significant gains in efficiency and benefits to both producer and consumer. The 2011 telecommunications privatization was to a foreign company.

Procedures for establishing all businesses are provided under existing legislation, including the Companies Amendment Act 2006, the Foreign Investment Amendment Act 2011, the Business License Act 1998, the Labour and Employment Relations Act 2013, the Central Bank Act and Guidelines, and the Health Ordinance 1959 (Part 11, 111 clause 13 & 15).

							8. Responsible Business Conduct					

There is a general awareness of responsible business conduct (RBC) among both producers and consumers, and foreign and local enterprises to follow generally accepted RBC principles such as the OECD Guidelines for Multinational Enterprises. Firms that pursue RBC are viewed favorably but consumers generally prioritize value for money ahead of RBC claims.

The government fairly enforces domestic laws and protects human rights. The government encourages local enterprises to follow generally accepted RBC principals. A national contact point is not known.

There are no extractive industries in Samoa.

							9. Corruption					

Samoa is not a signatory to the UN Anticorruption Convention or the OECD Convention on Combatting Bribery. Corruption has not been specifically identified as an obstacle to foreign investment. Both corruption and bribery are criminalized and prosecuted and the laws appear to be impartially applied.

The Office of the Ombudsman is charged with investigating official corruption. There are no international, non-governmental “watchdog” organizations represented locally, and the country was ranked 50 out of 175 on Transparency International’s Corruption Perceptions Index 2014.

**Resources to Report Corruption**

Contact at government agency or agencies are responsible for combating corruption:Maiava Iulai TomaOmbudsmanSamoa Office of the OmbudsmanCentral Bank Building, Level 5, P. O. BOX 303 Apia, Samoa(685) 25394info@ombudsman.gov.ws

Contact at “watchdog” organization

UN Office on Drugs and Crime (UNDOC)Bangkok, Thailand+66 2 288 2100fo.thailand@unodc.org

							10. Political and Security Environment					

The parliamentary republic functions without political violence. The risk of civil disorder is low. There is no civil strife or insurrection. There are no significant border disputes at risk of military escalation.

							11. Labor Policies and Practices					

The 2011 Census placed the total workforce at 48,000 people, with the unemployment rate at 5.7 percent, and 34 percent of the workforce engaged in subsistence living. Wages and salaries are comparatively low. Private sector minimum wage is roughly 92 US cents an hour.

Local skilled labor is available in sufficient quantities to undertake most types of building work, except for some specialized skills and supervisory-level manpower, which is recruited locally and from abroad. To hire foreign workers, one must provide MCIL and Samoan immigration with justification that the position cannot be filled locally. This process is viewed as fair and straightforward.

Samoan First Union, the country’s only private sector union, was officially launched in 2015. It is an extension of the New Zealand-based First Union. One of their major pushes is for a WST 3 (USD 1.20 USD) minimum wage.

Collective bargaining in the private sector is allowed, but not common in Samoa.

The Labor and Employment Relations Act 2013, the Occupational Safety and Health Regulations 2014, and the Labor and Employment Relations Regulations 2015 are the most current pieces of labor legislation, all of which meet core international standards.

More information can be found through Samoa’s Child Labor Report http://www.dol.gov/ilab/reports/child-labor/samoa.htm , and Human Rights Report http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper.

							12. OPIC and Other Investment Insurance Programs					

Overseas Private Investment Corporation (OPIC) insurance is available to investors in Samoa, and OPIC can provide political risk insurance, finance, direct loans, and loan guarantees. There is currently one proposed alternative energy project by a U.S. company that is OPIC funded.

The registry of insurance companies in Samoa is kept and maintained by the Central Bank of Samoa (CBS) and can be contacted for further insurance related matters.

							13. Foreign Direct Investment and Foreign Portfolio Investment Statistics					

*Table 2: Key Macroeconomic Data, U.S. FDI in Host Country/Economy*

*From the Samoa Bureau of Statistics GDP December 2017 Quarterly bulletin using an exchange rate of 1USD=2.5WST.*Table 3: Sources and Destination of FDI*

Data not available.*Table 4: Sources of Portfolio Investment*

Data not available.

							14. Contact for More Information					

Benjamin HardingProgram AssistantU.S. Embassy, Beach Rd. Apia Samoa(685)21631 x2231hardingbw@state.gov

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### On This Page

                    -  Executive Summary 
                    -  1. Openness To, and Restrictions Upon, Foreign Investment   
                    -  2. Bilateral Investment Agreements and Taxation Treaties   
                    -  3. Legal Regime   
                    -  4. Industrial Policies   
                    -  5. Protection of Property Rights   
                    -  6. Financial Sector   
                    -  7. State-Owned Enterprises   
                    -  8. Responsible Business Conduct   
                    -  9. Corruption   
                    -  10. Political and Security Environment   
                    -  11. Labor Policies and Practices   
                    -  12. OPIC and Other Investment Insurance Programs   
                    -  13. Foreign Direct Investment and Foreign Portfolio Investment Statistics   
                    -  14. Contact for More Information   

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