RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/TON/7
12 February 2003
(03-0903)
Working Party on the
Accession of TongaOriginal:  English
ACCESSION OF TONGA
Legislative Action
The Ministry of Labour, Commerce and Industry of the Kingdom of Tonga has submitted the
following information on 'Legislative Action Resulting from the WTO Accession Process', with the
request that it be circulated to members of the Working Party
_______________WT/ACC/TON/7
Page 2Legislative Action Resulting from the WTO Accession Process
WTO Agreement
or other subject-
matterRelated laws and other
legal provisionsStatus of indicated
legislationComment
General Trade Law Subsequent legislation to be revised where found to be incompatible with WTO
provisions
Price Control Protocol Commitment:  “Tonga would apply its price control measures in a
WTO-consistent fashion, and take into account the interests of exporting WTOMembers as provided for in Article III:9 of the GATT 1994.  Tonga would also
publish the list of any goods and services subject to price controls in its Official
Gazette.”
Trading Rights Business Licences Act Passed by Parliament.
To enter into force no later
than date of accession.
Protocol Commitment:  “From the date of accession, Tonga would ensure that itslaws and regulations relating to the right to trade in goods and all fees, charges
and taxes levied on such rights would be in full conformity with its WTO
obligations, including Articles VIII:1(a), XI:1 and III:2 and 4 of the GATT 1994and that it would implement such laws and regulations in full conformity with
these obligations.”
Import Licensing
Procedures (includingImport Licensing Fee)To be abolished no later than
date of accession
Tariffs andDutiesExcise Tax Regime Modification to ensure equal treatment of both domestic and imported products,
particularly alcoholic beverages.
Import duties As from the date of
accessionProhibition of introduction and maintenance of import duties above the rates
bound in Tonga’s Tariff Schedule, to be agreed in Tonga’s negotiations on this
subject with individual WTO Members.
Tariff Quotas and
Tariff ExemptionsAs from the date of
accessionProtocol Commitment:  “Upon Tonga’s accession to the WTO, any tariff quotas
and tariff exemptions would only be implemented in conformity with therelevant WTO provisions including Article I of the GATT 1994 and the TRIMs
Agreement.”
Other duties andchargesTo enter into force no later
than date of accessionAbolishment of (bound at 0%):
Ports and Services Tax
Wharfage Dues
Berthage DuesWT/ACC/TON/7
Page 3WTO Agreement
or other subject-
matterRelated laws and other
legal provisionsStatus of indicated
legislationComment
Quantitative
restrictionsAs from the date of
accessionProtocol Commitment:  “Tonga would, from the date of accession, not introduce,
re-introduce or apply quantitative restrictions on imports, or other non-tariff
measures such as licensing, quotas, prohibitions, bans and other restrictions
having equivalent effect that cannot be justified under the provisions of theWTO Agreement.  The legal authority of the Government of Tonga to restrict or
prohibit importation of goods into Tonga would be applied from the date of
accession in conformity with the relevant requirements of the WTO, in particular
Articles XI, XII, XIII, XVIII, XIX, XX and XXI of the GATT 1994, and the
Agreements on Agriculture, the Application of Sanitary and PhytosanitaryMeasures, Import Licensing Procedures, Safeguards, and Technical Barriers to
Trade.”
Customs and Excise
ActTo be abolished as at date of
accessionAbolition of import restrictions on:
- EggsCabin and ships biscuits
Brandy and whisky not matured in wood for three years
Rum not matured in wood for two years
Customs
ValuationSee response to Q51 for
proposed Legislative Action
Plan.Present valuation rules do not conform to WTO requirements.   WTO-
compatible system needs to be introduced.
Given the length of time required to implement the new legislation, the
Government of Tonga requests a transitional period permitting it to complete this
process after its accession to the WTO.
As from the date ofaccessionProtocol Commitment:  “From the date of accession to the WTO Tonga would
abide by the provisions of WTO relating to judicial and administrative decisions,
including Article X:3 of GATT 1994.”
Internal taxeson importsAs from the date of
accessionProtocol Commitment:  “From the date of accession Tonga would apply its
domestic taxes in full compliance with the relevant provisions of the WTO,
including Articles I and III of GATT 1994 , in a non-discriminatory manner to
imports from all WTO Members and to domestically-produced goods.”WT/ACC/TON/7
Page 4WTO Agreement
or other subject-
matterRelated laws and other
legal provisionsStatus of indicated
legislationComment
Rules of Origin Legislation to enforce
the rules of the WTO
Agreement on Rules of
OriginTo enter into force no later
than date of accessionProtocol Commitment:  “From the date of accession, Tonga’s preferential and
non-preferential rules of origin would comply fully with the WTO Agreement on
Rules of Origin, including the provisions of Article 2(h) and Annex II, paragraph
3(d) of the Agreement, i.e. that for non-preferential and preferential rules oforigin, respectively, the customs authority will accept requests from an exporter,
importer or any person with a justifiable cause for an assessment of the origin of
the import.”
ContingencyProtection
(Anti-dumping
duties,
countervailing
duties,safeguards)Legislation to ensure
that Tonga will not
apply any anti-
dumping,
countervailing or
safeguard measuresuntil it has
implemented
appropriate laws in
conformity with the
provisions of the WTOAgreements on these
matters.To enter into force no later
than date of accessionProtocol Commitment:  “Tonga woul d not apply any anti-dumping,
countervailing or safeguard measures until it had implemented appropriate laws
in conformity with the provisions of the WTO Agreements on these matters.
Tonga would ensure the full conformity of any such legislation with the relevant
WTO provisions, including Article VI and XIX of the GATT 1994 and the
Agreement on the Implementation of Article VI, the Agreement on Subsidiesand Countervailing Measures and the Agreement on Safeguards.  After such
legislation was implemented, Tonga would only apply any anti-dumping duties,
countervailing duties and safeguard measures in full conformity with the
relevant WTO provisions.”
TechnicalBarriers to
TradeTo enter into force no later
than date of accessionProtocol Commitment:  “Tonga would ensure that no technical regulations,
standards and conformity assessment procedures are adopted or implemented
until Tonga has implemented appropriate laws ensuring conformity with the
provisions of the Agreement on Technical Barriers to Trade.  Tonga would
ensure the full conformity of any such legislation with the Agreement onTechnical Barriers to Trade.”
Establishment of a TBT
enquiry pointTo enter into force no later
than date of accession
Discretionary powersunder the Public Health
ActTo enter into force no later
than date of accessionAction to ensure that the Minister of Health does not use his powers under the
Public Health Act to regulate the size, dimensions, and other specifications of
packages of food.WT/ACC/TON/7
Page 5WTO Agreement
or other subject-
matterRelated laws and other
legal provisionsStatus of indicated
legislationComment
Agreement on
the Application
of Sanitary and
PhytosanitaryMeasuresAnimal Diseases Bill
(Amendment) Act 2002
Agricultural
Commodities ExportAct (2002)
Pesticides Act (2002)
Require passage of
legislation makingobservation of the SPS
Agreement mandatory.
Adoption of regulations
containing theadministrative
procedures necessary to
administer the SPS
Agreement.Implementation as from the
date of accession.Protocol Commitment:  “Tonga would apply the agreement on the application of
sanitary and phystosanitary measures from the date of its accession without any
transitional period.”
TRIMSAgreementLegislation to ensure
that no measure
inconsistent with the
TRIMs Agreement is
taken,  includingspecific prohibition of
import substitution
measures and trade-
balancing measures, as
defined in the Annex tothat AgreementTo enter into force no later
than from date of accessionProtocol Commitment:  “Tonga would not maintain any measures inconsistent
with the TRIMs Agreement and would apply the TRIMs Agreement from the
date of accession without recourse to any transitional period.”
Foreign Investment Act Passed by Parliament but yet
to complete draft
regulations.WT/ACC/TON/7
Page 6WTO Agreement
or other subject-
matterRelated laws and other
legal provisionsStatus of indicated
legislationComment
State-trading
PracticesProtocol Commitment:  “Tonga would apply its laws and regulations governing
the trading activities of State-owned enterprises and other enterprises with
special or exclusive privileges and would act in full conformity with the
provisions of the WTO Agreement, in particularly Article XVII of the GATT1994 and the Understanding on that Article and Article VIII of the GATS.
Tonga would notify any enterprise falling within the scope of Article XVII.”
TRIPSAgreementIndustrial Property Act
1994
Bill for the Copyright
Act 2002
Bill for the Protection
of Geographical
Indications Act 2001Bill for the Protection
of Layout-Designs
(Topographies) of
Integrated Circuit
Act 2001Legislative Action Plan
detailed in response to
Question 82.Given the length of time required to implement the new legislation, the
Government of Tonga requests a transitional period permitting it to complete this
process after its accession to the WTO.
Trade-preferencesProtocol Commitment:  “Tonga’s Government would observe the provisions of
the WTO, including Article XXIV of the GATT 1994 and Article V of theGATS in its trade agreements.”
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