Expertise

Samoa’s finance sector features 2 domestic and 2 regional banks, regulated by the Central Bank of Samoa. International financial institutions deal regularly with companies incorporated in Samoa’s international company sector. Clarke Ey Koria Lawyers frequently advise international financial institutions and law firms in cross-border transactions dealing with Samoan entities. We are also named on the legal panel for Bank South Pacific. Our advisory work includes taxation, securitisation, financial sector regulation, data protection, exchange control and anti-money laundering issues.

Samoa’s company law has distinct regimes for domestic and international entities. The domestic companies law was overhauled in the early 2000s to create a modern regime based on New Zealand law. With the advent of Samoa’s online companies registry, company incorporation and maintenance is streamlined and efficient. The international company regime, administered by the Samoa International Finance Authority, provides investment vehicles that operate outside Samoa. Clarke Ey Koria has significant expertise in corporate transactional and advisory work, including acquisitions and reorganisations, due diligence, corporate governance and officer liability, in addition to disputes. We regularly advise on commercial contracting, regulatory compliance, licensing and competition law across various commercial sectors. Our experience and common sense-approach means we offer realistic advice and commercial solutions to reduce risk and meet transaction timeframes.

Foreign investment in Samoa is concentrated in tourism, services and energy sectors. The regulatory regime limits foreign investment in certain restricted and reserved sectors. Clarke Ey Koria Lawyers is experienced in guiding clients through the foreign investment approval process and related business licensing to move investment projects forward. Businesses operating in Samoa must comply with various business licensing, competition, consumer and taxation obligations. Certain industries, such as telecommunications, energy and finance, have additional regulatory requirements.  Clarke Ey Koria works with clients to meet compliance obligations across a broad range of industries, drawing on our local knowledge and expertise.

Dispute resolution in Samoa includes litigation and alternatives such as mediation. Arbitration is still developing as a form of dispute settlement, while litigation in the Samoan courts can pose particular challenges in terms of time and cost. Cross-border contracts need to carefully address jurisdiction and dispute resolution clauses. Clarke Ey Koria has a diverse litigation practice across all levels of Samoa’s courts. We regularly represent clients in disputes relating to corporate matters, property, insurance, insolvency and criminal law. We focus on delivering timely and cost-effective results.

Samoan employment law is a combination of statute and common law. Sound advice is essential to minimise the risk of disputes. Clarke Ey Koria regularly advises on employment arrangements, including contract drafting, employee share schemes, occupational health and safety, employee handbooks, workplace accidents and dispute resolution. We also help clients with immigration matters and work permits.

The energy generation market in Samoa has been opened to competition, while the retail market remains a monopoly run by the government’s Electric Power Corporation. Government policy targets 100% renewable energy by 2021. Significant progress has been made with the introduction of solar and hydro power, reducing reliance on imported fossil fuels. Clarke Ey Koria have assisted a number of intending independent power producers and their financiers with the negotiation of power purchase agreements, regulatory approvals and licences, land leases, environmental compliance, foreign investment approvals and taxation issues.

Tourism continues to grow in Samoa and now contributes 25% of GDP. The sector focuses on visitors from New Zealand and Australia, although it has suffered significant setbacks due to COVID-19 travel restrictions. Government’s generous tax incentive schemes have seen developments in both beachfront resorts and business hotels. While the investor tax credit scheme has now concluded, other development incentives remain. Clarke Ey Koria has acted for a number of major tourism developments including advising on land acquisition, government incentives, foreign investment and development approvals, construction agreements, unit title schemes, management agreements, employment and immigration issues.

Samoa’s telecommunications sector was liberalised in 2005 and developments in mobile and submarine cables have transformed the economy. Internet and social media penetration is significant (over 66%) and data speeds continue to climb with increased international connectivity. Clarke Ey Koria has significant expertise in telecommunications, having advised in the sector from the earliest stages of government’s liberalisation process through to privatisation, commercial operations and new investment. We acted as outsourced in-house counsel to a major telecoms provider through its local acquisition and regional expansion. We continue to advise clients on regulation, change of control approvals, regulatory compliance, disputes and contractual matters across telecommunications and ICT sectors.

Samoa’s tax regimes have undergone significant reform in recent years, with overhauls of the income tax, value added goods and service tax and customs regimes. Significant changes have also been made to Samoa’s international tax arrangements and information exchange regimes. Further changes are forecast for tax treatment of international companies and related entities. Tax monitoring and enforcement is being pursued through initiatives such as the Tax Invoice Monitoring System (TIMS). Clarke Ey Koria has significant expertise in taxation, both from the government and private sector perspective. We regularly advise international financial institutions, accounting firms and legal advisers on taxation and customs issues in Samoa.

Trade marks, copyright, patents and other rights are regulated in Samoa through a modern regulatory regime. Significant changes in this area flow from Samoa’s membership of international regimes such as the Madrid Protocol and Patent Cooperation Treaty, and associated implementation issues. Clarke Ey Koria has significant expertise in this area, having assisted government to draft the Intellectual Property Act 2011 and related regulations. We are a leading filer with the Intellectual Properties Registry. We regularly work with international firms to respond to administrative actions, file oppositions and resolve disputes.

Samoa closely regulates the sale, leasing and financing of freehold land to non-Samoans and non-resident Samoans. Land dealings frequently trigger exchange control and tax issues. Transactions with customary land and government land involve extensive dealings with traditional land owners and government agencies. New mechanisms, such as unit title, are emerging. Unforeseen risks and delays are common. Clarke Ey Koria Lawyers manage these issues for clients through experience, advisory skills, clear documentation and strong relationships. We have extensive experience representing foreign investors, tourism developers, financiers, local businesses and individuals across our real estate practice.

Family law poses unique challenges in Samoa, with only some aspects of the legal framework being modernised. We can help you navigate through difficult issues such as separation, divorce, property and custody arrangements. We also regularly assist local and overseas clients with adoption matters.

The administration of estates can be complex, with intergenerational arrangements and land arrangements. Our practice regularly assists clients with the administration of complex estates. We also take a proactive approach to succession planning through wills.