RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SPEC/SAM/2 
30 August 2001 
 (01-4168) 
Working Party on the 
Accession of Samoa Original:   English 
 
 
 
ACCESSION OF SAMOA 
 
Initial Offer on Trade in Services  
 
 For the purposes of the accession of Samoa to  the WTO, the Government of Samoa has 
submitted its offer of initial commitments on trade in services.  
_______________ 
  
 Samoa is presenting this initial offer because it wishes to demonstrate its firm intention to 
enter into negotiations for comm itments on trade in services that  will promote Samoa's economic 
development.   Samoa has supplied the factual information so far collected in its Memorandum 
(WT/ACC/SAM/2) and in the Question and Answ er document (WT/ACC/SAM/4) (which amends 
information given in the Memorandum in certain r espects).  Samoa also intends to present a document 
in answer to the request in WT/ACC/5 consolidati ng available factual information relevant to the 
General Agreement on Trade in Services.  
 Samoa is, however a least-developed country and its services sector is largely unregulated or 
regulated by legislation is well out of date. Samo a has begun to review its regulations in order to 
identify those that are relevant to negotiations on  services in the WTO, those that will require 
amendment and those that will require supplementing.   Samoa may then need to revise this initial 
offer.  However, Samoa will need technical  assistance in order to carry out these tasks. 
  
 WT/ACC/SPEC/SAM/2 
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Sector  Limitations of Market Access Limitati ons on National Treatment Additional commitments 
I  HORIZONTAL COMMITMENTS 
ALL SECTORS INCLUDED IN THIS 
SCHEDULE 1, 3) The Foreign Investment Bill 2000 will 
regulate foreign investment in business 
or economic activities in Samoa by requiring foreign investors to apply to 
the Secretary of the Department of 
Trade, Commerce and Industry for a foreign investment registration 
certificate. Regulations to be 
promulgated under the Bill will create a Reserved List of activities which are 
exclusively reserved to Samoan 
nationals; and a Restricted List of activities which may be undertaken by 
foreigners if they meet certain 
conditions, which may include, inter alia, a mandatory joint venture with Samoan 
nationals; the meeting of citizen 
employment targets; the sourcing of 
investment capital from overseas; or a 
restriction on the minimum or maximum quantum of foreign investment. 3) The acquisition, purchase, lease, 
transfer and sale of land by foreigners 
is restricted under the Alienation of Customary Land Act 1965 and the 
Alienation of Freehold Land Act 
1972.  
 4)  Unbound except for measures affecting 
the entry and temporary stay of natural 
persons under the Labour and 
Employment of Expatriates Amendment Act 1999 and the Immigration Act 1966 
as will be amended by the Immigration 
Amendment Bill 2000. Such measures 
may restrict, inter alia, the frequency of 
entry, duration of stay, category of permitted employment or occupation, 
and specific skills required of temporary 
migrants. 4) Unbound except for the measures 
affecting the entry and temporary stay 
of natural persons referred to in the 
market access column. 
 
[4) Foreign employees are required to 
provide on-the-job training to local 
employees?] 
   
  WT/ACC/SPEC/SAM/2
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Sector  Limitations of Market Access Limitati ons on National Treatment Additional commitments 
II  SECTOR SPECIFIC COMMITMENTS 
5.  EDUCATIONAL SERVICES  
 
Primary, secondary and tertiary education in 
private institutions  
(CPC 921, 923, 923)  
 
1) Unbound 2) None 
3) a) The Education Ordinance 1959 
requires school age children to attend a registered primary school. Private 
primary schools may be registered by the 
Minister of Education under the Education Ordinance and relevant 
regulations if they meet the educational 
standards specified in such measures. 
 b) The establishment of new private 
primary schools, secondary schools and 
tertiary institutions shall be subject to the Government of Samoa’s approval  in 
respect of such matters as curriculum 
content, institutional and educational 
standards, and the quality of proposed 
courses and qualifications. 
4) Unbound except as indicated in the 
horizontal section.  
 
1) Unbound 2) None 
3) None except as indicated in the 
horizontal section.  
 
 
  
 
  
 
  
 
 
 
 4) Unbound except as indicated in the 
horizontal section.  
7.  FINANCIAL SERVICES  
 
All Insurance and insurance related services  
(Part of CPC 812)  
 
1) Unbound 2) Unbound 
3) a) The Accident Compensation Act 
1989 provides for compulsory accident 
compensation insura nce funded via 
levies imposed on employers and the self-employed, and fuel levies. The 
accident compensation scheme is 
administered by the Accident Compensation Board.  
 b) The Insurance Act 1976 requires all 
insurance service suppliers to be licensed by the Minister of Finance, except for 
the Life Assurance Corporation of 
Samoa which is separately regulated  
 
1) Unbound 2) Unbound 
3) None except as indicated in the 
horizontal section. 
 
  
 
  
 
  
 
   
 WT/ACC/SPEC/SAM/2 
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Sector  Limitations of Market Access Limitati ons on National Treatment Additional commitments 
under the Life Assurance Corporation 
Act 1976. In considering applications for 
a licence the Minister may have regard to, inter alia, whether it is in the 
economic interests of Samoa that the 
applicant be granted a licence; whether the applicant is of good repute; and other 
relevant prudential considerations. 
 c) The Life Assurance Corporation 
Act 1976 provides that no insurance 
service supplier may be registered under the name of “Life Assurance Corporation 
of Samoa” or a similar name. 
 d) The International Insurance Act 
1988 regulates the conduct of off-shore 
insurance business from Samoa. Off-
shore insurance business is defined as insurance where the relevant parties to 
the insurance contract are not Samoan 
residents, domiciliaries or companies incorporated or registered in Samoa 
(with the exception of international 
companies registered in Samoa under the International Companies Act 1987).  The 
Act requires suppliers of off-shore 
insurance services to be registered and to have a registered insurance manager in 
Samoa; prohibits the undertaking of any 
activities other than off-shore insurance 
business; and sets out relevant prudential 
standards which must be met.  
 e) The admission to the market of new 
insurance services or products may be 
subject to the existence of, and consistency with, a regulatory 
framework aimed at achieving the 
objectives indicated in Article 2(a) of the Financial Services Annex. 
 4) Unbound except as indicated in the 
horizontal section.  
 
  
 
  
 
 
 
  
 
  
 
  
 
  
 
  
 
  
 
 
 
  
 
  
 
  
4) Unbound except as indicated in 
horizontal section.  
  WT/ACC/SPEC/SAM/2
 Page 5Modes of Supply :      1) Cross-border Supply            2) Consumption abroad       3)Commer cial Presence   4) Presence of Nat ural Persons 
Sector  Limitations of Market Access Limitati ons on National Treatment Additional commitments 
B. Banking and other financial services 
(excluding insurance)  (CPC 811-813) 1) Unbound 
2) Unbound 
3) a) The Financial Institutions Act 1996 
provides that all financial institutions 
offering banking services must be 
licensed by the Central Bank of Samoa. In considering applications for a banking 
licence, the Central Bank shall have 
regard to, inter alia, the economic 
advantage of the application to Samoa; 
the need for and viability of the proposed institution; its ownership spread; the 
financial capacity, hi story, character, 
experience, international reputation and qualifications of the applicant, 
promoters, substantial shareholders and 
management; the proposed institution’s accounting and internal control systems; 
the adequacy and stru cture of its capital 
and the business activities it intends to undertake; and any other relevant 
prudential considerations.  
 b) The Financial Institutions Act 1996 
requires all banks to comply with the 
Central Bank’s prudential supervision. 
The Central Bank’s guidelines and requirements include inter alia licensing, 
ownership and management, and 
minimum capital requirements.  
 c) The Central Bank of Samoa Act 
1984 provides that banks licensed in Samoa may not include “Western 
Samoa”, “Western Samoan”, “Samoa”, 
“Samoan”, “Central”, “Reserve” or “State” in their names unless approval 
has been granted by the Minister of 
Finance. 
 d) The Offshore Banking Act 1987 
regulates the conduct of off-shore 
banking business in Samoa. Off-shore 1) Unbound 
2) Unbound  
3) a) The Financial Institutions Act 
1996 requires foreign financial 
institutions applying to the Central 
Bank of Samoa for a banking licence to provide: (i) written confirmation 
from the supervisory authority in the 
applicant’s country of incorporation 
that the supervisory authority has no 
objection to the applicant’s proposal to carry on banking business in 
Samoa; (ii) written confirmation that 
the applicant will share technology and provide support as necessary to 
its branch, subsidiary or affiliate in 
Samoa; and (iii) details of the training programme that the applicant will 
adopt in order to place Samoan 
nationals in management positions in its operations in Samoa. 
 
 b) The Central Bank’s prudential 
guidelines and requirements may 
impose higher minimum capital 
requirements on foreign-owned financial institutions than on locally-
owned financial institutions. 
 
 
  
 
  
 
  
 
   
 WT/ACC/SPEC/SAM/2 
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Sector  Limitations of Market Access Limitati ons on National Treatment Additional commitments 
banking business is defined as banking 
business in any foreign currency 
transacted exclusively by, for, and in respect of non-residents. Off-shore 
banking institutions are required to be 
registered, to have a principal office in Samoa, to describe themselves as a bank, 
and meet certain prudential 
requirements. Off-shore banks are 
prohibited from conducting business 
with Samoan residents or in Samoan currency, or advertising or soliciting 
business within Samoa. 
 e) The Foreign Exchange Regulations 
1999 provide that all foreign exchange 
dealers in Samoa must be licensed by the 
Central Bank of Samoa, and dealers must adhere to the offici al foreign exchange 
rates set by the Central Bank of Samoa.  
 f) The admission to the market of new 
financial services or products may be 
subject to the existence of, and 
consistency with, a regulatory framework aimed at achieving the 
objectives indicated in Article 2(a) of the 
Financial Services Annex.  
4) Unbound except as indicated in the 
horizontal section  
 
  
 
  
 
 
 
  
 
  
 
  
 
  
 
  
 
 4) Unbound except as indicated in the 
horizontal section. 
9. TOURISM AND TRAVEL 
RELATED SERVICES 
 
A. Hotels and Restaurants  (CPC 641)  
  
1) Unbound*  
2) None 3) None except as indicated in the 
horizontal section. 
4)   Unbound except as indicated in the            horizontal section.  
  
1) Unbound*  
2) None 3) None except as indicated in the 
horizontal section. 
4) Unbound except as indicated in the 
horizontal section.  
* Unbound due to lack of technical feasibility. 
__________