Samoa

Compliance/Financial Considerations

If you intend to do any of the following in Samoa, please contact Risk Services at risk@berkeley.edu or 642-5141:

  • Hire a local to work for you as an employee
  • Purchase or lease office or research space
  • Purchase or lease an automobile
  • Establish a long-term (over 90 days) or ongoing project
  • Conduct a clinical trial 

U.S. GOVERNMENT COMPLIANCE CONSIDERATIONS 

Foreign activities may trigger many U.S. laws, including:

  • Import Controls
  • Export Controls
  • Tax Reporting
  • Foreign Bank Account Reporting
  • Country Embargoes and Targeted Sanctions
  • Foreign Corrupt Practices Act
  • Anti-Boycott Laws 

Import Controls. UC employees must adhere to U.S. import requirements, and may need to enlist the services of a customs broker, especially for shipments arriving by sea and subject to the Importer Security Filing 71730, also known as ISF 10+2. 

Export Controls. Export controls may apply to advanced software and technology, research data, and other sensitive assets. UC’s Export Compliance FAQ contains useful information and can be found here.  Go here for the University of California plan for compliance with federal export controls. If you plan on taking or sending potentially export-controlled materials to Samoa, consult the campus Research Administration Compliance Office at 642-0120.  

Tax Reporting. The University and its employees may be taxed in foreign countries. The United States does not have a tax treaty with Samoa. For more information about double taxation issues, contact the Controller’s Office at:

Foreign Bank Account Reporting. The U.S. Treasury Department requires U.S. citizens with a financial interest in or signatory authority over a financial account in a foreign country, where accounts exceed $10,000 at any point during a calendar year, to report such accounts on a Report of Foreign Bank and Financial Accounts (FinCen Report 114). Those needing to complete the form should contact the Controller’s Office at cashiers@berkeley.edu or 643-9803 for assistance. An IRS 1040 Schedule B form (Part III–Foreign Accounts and Trusts) must be filed by the signatory for any foreign bank account, regardless of the account balance.  

Country Embargoes and Targeted Sanctions. In general, collaborations between University personnel and scholars at foreign institutions or organizations do not require export licenses unless they involve export-controlled or -restricted research or involve scholars in sanctioned countries. Before engaging in an international collaboration, the University needs to determine whether export licenses are required and to verify that the foreign collaborator is not blocked or sanctioned. The Office of Foreign Assets Control (OFAC) is responsible for enforcing all U.S. embargoes and sanctions. Depending on each country’s embargo or sanction program, activities may be prohibited without specific authorization or license. UC’s International Collaborations webpage contains additional information on this topic.   

The Foreign Corrupt Practices Act (FCPA) is intended to stop bribery. It prohibits offering to pay, paying, promising to pay, or authorizing the payment of money or anything of value to a foreign official. The term “foreign official” generally includes any employee or contractor of a foreign government, and may include individuals employed by foreign universities. It is also unlawful to make a payment to a third party knowing that all or part of the payment will go to a foreign official. For more information, review the federal government’s Resource Guide to the U.S. Foreign Corrupt Practices Act. If you need further clarification, contact the UC Berkeley Office of Legal Affairs at 642-7122.

Anti-Boycott Laws.  The U.S. Department of Commerce is responsible for oversight of laws prohibiting individuals and entities from participating in boycotts not approved or sanctioned by the U.S. government. The Export Administration Act requires that requests to participate in such boycotts or to conduct activities in any of the boycotting countries be formally reported to the Department of Commerce and/or IRS.

For other compliance-related issues, refer to UC’s International Compliance webpage.   

ADDITIONAL CONSIDERATIONS FOR DOING BUSINESS INTERNATIONALLY

Foreign Bank Accounts. Employees wishing to open a foreign bank account should contact the Controller’s Office at cashiers@berkeley.edu or 643-9803. Requests to open accounts must be made through the Office of the President’s Banking and Treasury Services Group by the Chancellor or the Chancellor’s designee. 

Real Estate Agreements. Only employees with delegated authority to sign contracts on behalf of The Regents may enter into agreements, leases, or other contracts.  Foreign affiliates or operations must submit to the Real Estate Services Office property management agreements, personal property leases, or contracts with a term longer than one year or in an amount greater than $25,000 per year. The campus then seeks approval from the University president or designee. For more information, consult the Guidelines for the Establishment and Operation of Foreign Affiliate Organizations and Foreign Operations

Articles

The US State Department's page on SAMOA may be found HERE,

Personal Safety

OFFICIALS HAVE EXTENDED THE STATE OF EMERGENCY THROUGH AT LEAST NOVEMBER 22. MOST FOREIGN NATIONALS AND INTERNATIONAL FLIGHTS REMAIN BANNED UNTIL FURTHER NOTICE. HOWEVER, THE GOVERNMENT HAS ARRANGED REPATRIATION FLIGHTS VIA LOS ANGELES, CALIFORNIA, US AND NEW ZEALAND IN THE COMING WEEKS.  RETURNING TRAVELERS WILL NEED A COVID-19 TEST WITHIN 72 HOURS OF BOARDING THE SAMOA-BOUND FLIGHT AND MUST ISOLATE FOR 14 DAYS AFTER ARRIVAL. TRAVEL BETWEEN SAMOA AND AMERICAN SAMOA IS POSSIBLE WITH PROTOCOLS, SUCH AS REQUIRING PASSENGERS TO PROVIDE EVIDENCE OF THEIR PRESENCE IN AMERICAN SAMOA FOR 28 DAYS BEFORE DEPARTURE AND A MEDICAL EXAM WITHIN 72 HOURS BEFORE BOARDING THE SAMOA-BOUND FLIGHT.

Note: this page contains basic risk information. For more details, please contact the Risk Services Office at risk@berkeley.edu. 

If you are traveling to Samoa on University-related business, please sign up for the University’s travel insurance program here. For more information on the travel insurance program, please go here. 

Because everyone’s health is unique, we suggest seeking the advice of a medical professional before traveling internationally. Members of the campus community interested in protecting their health while abroad may schedule an appointment with the University Health Services International Travel Clinic.   

Samoa gained full independence in 1962. The country is politically stable, with the political landscape characterized by regular elections and constitutional rule. Samoa's Constitution is based on the British form of parliamentary democracy, combined with a tribal system. The prime minister is elected by the unicameral National Legislative Assembly (Fono Aoao Faitulafono) and is charged with forming the government. The head of state is also elected by the Fono for a five-year term, but is a largely ceremonial figure.  

The Human Rights Protection Party (HRPP) is the dominant political party; the main opposition is the Tautua Samoa Party (TSP). The HRPP won the 2011 and 2016 general elections. The next election is scheduled to take place in 2021.  

The threat of civil unrest in Samoa is low. Protests rarely occur in Samoa and seldom devolve into violence. Most demonstrations are related to social issues. Protests are most common in Apia and occasionally cause minor transportation delays.  

The threat of terrorism is minimal in Samoa. Authorities have not introduced warnings based on an official national terror threat level system. Foreign governments have not issued warnings regarding terror threats in Samoa. No specific targets exist, and Samoa may not currently be considered a potential target.

Legal/Political

Criminal Penalties: You are subject to local laws. If you violate local laws, even unknowingly, you may be expelled, arrested, or imprisoned. Individuals establishing a business or practicing a profession that requires additional permits or licensing should seek information from the competent local authorities, prior to practicing or operating a business.

  • Penalties for possessing, using, or trafficking in illegal drugs in Samoa are severe, and convicted offenders can expect long jail sentences and heavy fines.
  • In Samoa, driving under the influence could land you immediately in jail.

Furthermore, some laws are also prosecutable in the United States, regardless of local law. 

Arrest Notification: If you are arrested or detained, ask police or prison officials to notify the U.S. Embassy immediately. 

Stray dogs: In Apia, and in many villages, stray dogs wander the streets.

  • You should not approach or feed them; they can become aggressive in the presence of food or if they feel threatened.
  • There have been several cases of attacks by multiple dogs.
  • Please exercise appropriate caution when you are walking, running, or riding a bike near stray dogs.

Blowholes: Samoa has numerous “blowholes” (lava tubes open to the sea where wave action produces often spectacular geysers). These blowholes are popular tourist attractions. The footing around the mouths of most blowholes is very slippery. To avoid being swept in, you should not approach too closely and should never stand between the opening of the blowhole and the sea.

LGBTI Travelers: Same-sex acts are a crime in Samoa, with prison terms of up to seven years. The Crimes Ordinance 1961 and the more recent Crimes Act 2013, which came into effect in May 2013, criminalize same-sex acts.

  • There is no recognition of same-sex relationships, marriage or adoption by same-sex couples in Samoa.
  • There are also no anti-discrimination laws in place.