RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/SAM/4
30 August 2001
(01-4164)
Working Party on the
Accession of SamoaOriginal:  English
ACCESSION OF SAMOA
Questions and Replies
In a communication dated 15 April 1998, the Government of Samoa applied for accession
under Article XII of the Agreement Establishing the World Trade Organization (WTO).
At its meeting on 14 July 1998, the General Council established a Working Party
(WT/ACC/SAM/1) with the following terms of reference "To examine the application of the
Government of Samoa to accede to the World Trade Organization under Article XII and to submit to
the General Council recommendations which may include a draft Protocol of Accession."  Themembership is open to all WTO Members indica ting their wish to serve on the Working Party.
In document WT/ACC/SAM/2, Members were invited to submit questions in writing
concerning the foreign trade regime of Samoa.  The initial questions submitted by Members and the
replies thereto provided by the authorities of Samoa are reproduced hereunder.
_______________WT/ACC/SAM/4
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TABLE OF CONTENTS
II. ECONOMY, ECONOMIC POLI CIES AND FORE IGN T RADE ......................................1
1. Economy ...................................................................................................................... ..............1
(b) Current economic situation.................................................................................................. ....1
2. Economic Policies............................................................................................................ ..........1
(a) Main directions ............................................................................................................. ............1
(b) Monetary and fiscal policy .................................................................................................. .....6
(c) Foreign ex change, etc. ...................................................................................................... ........7
(d) Foreign and domestic investment policy.................................................................................8
(e) Competition policy.......................................................................................................... ........13
(f) Privatizati on policy ........................................................................................................ .........14
3. Foreign Trade In Goods and Services...................................................................................15(b) Export and imports.......................................................................................................... .......15
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES AFFECTING
FOREIGN TRADE IN GOODS AND TRADE IN SERVICES .........................................16
(a) Powers of  the Executive,  Legislative and Judicial Branches of Government..................16
2. Government entities responsible for making and implementing policies affecting
foreign trade. ................................................................................................................. ..........19
3. Division of authority between central and sub-central governments.................................19
4. Any Legislative Programmes or Plans to Change the Regulatory Régime .......................19
6. Description of Judicial, Arbitral or Administrative Tribunals or Procedures, If
Any ............................................................................................................................ ...............20
IV. POLICIES AFFECTING TRADE IN GOODS ...................................................................22
1. Import Regulation............................................................................................................ .......22
(a) Registration requirements fo r engaging in importing.........................................................22
(b) Characteristics of  national tariff .......................................................................................... .23
(c) Tariff quotas, ta riff exemptions............................................................................................ .25
(d) Other duties and charges, specifying any charges for services rendered ..........................26
(e) Quantitative import restrictions, including prohibitions, quotas and licensing
systems ........................................................................................................................ .............27
(f) Licensing procedure ......................................................................................................... ......28
(h) Customs valuation........................................................................................................... ........28
(i) Other custom s formal ities ................................................................................................... ...29
(k) Application of internal taxes on imports ..............................................................................30(l) Rules of  origin ............................................................................................................. ............34
(m) Anti-dump ing regime ......................................................................................................... ....35
(o) Safeguard regime ............................................................................................................ ........36WT/ACC/SAM/4
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2. Export Regulation............................................................................................................ .......37
(c) Quantitative export restrictions, including prohibitions, quotas and licensing
systems ........................................................................................................................ .............37
(d) Export licensing procedure .................................................................................................. ..38
(f) Export financing, subsidy and promotion policies...............................................................39(h) Import duty drawback schemes ............................................................................................39
3. Internal Policy Affecting Foreign Trade in Goods ..............................................................40
(b) Technical regulations and standards, including measures taken at the border
with respect  to imports ....................................................................................................... ...41
(c) Sanitary and phytosanitary measures, including measures taken with respect to
imports ........................................................................................................................ .............43
(d) Trade-related inve stment practices.......................................................................................47
(e) State-trading  practices ..................................................................................................... ......47
(f) Free zones .................................................................................................................. ..............49
(g) Free economic zones ......................................................................................................... ......49
(l) Government procurement practices, including general legal regime and
procedures for tendering, dealing with tenders and award of contracts...........................51
4. Policies Affecting Foreign Trad e in Agricultural Products ................................................52
(a) Imports..................................................................................................................... ................53
(b) Exports..................................................................................................................... ................54
(e) Internal policies........................................................................................................... ............54
5. Policies Affecting Foreign Trade in other Sectors ...............................................................55
(a) Textile s regime ............................................................................................................. ...........55
V. TRADE-RELATED INTELLECTUAL  PROPERTY RÉGIME.......................................55
1. General...................................................................................................................... ...............55
(a) Intellectual pr operty policy................................................................................................ ....58
(b) Responsible agencies for policy formulation and implementation.....................................59
(c) Membership in international intellec tual property conventions and regional or
bilateral ag reements ........................................................................................................... ....59
(d) Application of national and m.f.n. treatment to foreign nationals .....................................59
(e) Fees and taxes.............................................................................................................. ............60
2. Substantive standards of protection, in cluding procedures for the acquisition
and maintenance of intelle ctual property rights ..................................................................60
(a) Copyright and related rights, including rights of performers, producers  of
phonograms and broadcasting organizations ......................................................................60
(b) Trademarks, includi ng service marks...................................................................................60
(c) Geographical indications, incl uding appellations of origin.................................................60
(e) Patents..................................................................................................................... .................61WT/ACC/SAM/4
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(f) Plant variety protection.................................................................................................... ......61
(g) Layout designs of in tegrated circuits ....................................................................................61
(h) Requirements for undisclosed information, including trade secrets and test data...........62
3. Measures to Control Abuse of Intellectual Property Rights...............................................62
4. Enforcement .................................................................................................................. ..........62
(d) Any special bo rder measures ................................................................................................. 63
VI. TRADE RELATED SE RVICES RE GIME..........................................................................63
1. General...................................................................................................................... ...............63
2. Policies Affecting Trade in Services ......................................................................................65
(b) Judicial, arbitral or administrative tribunals or procedures providing for the
review of, or remedies in relation to, administrative decisions affecting trade in
services ....................................................................................................................... ..............66
(i) Provisions concerning any form of aid, grant, domestic subsidy, tax incentive or
promotion scheme affectin g trade in services.......................................................................66
3.    Market Access and National Treatment ...............................................................................66
4. Description of the Market and the mechanisms for regulating the most
prominent servic es sectors ..................................................................................................... 69
VII. INSTITUTIONAL BASIS FOR TRADE AND ECONOMIC RELATIONS
WITH THIRD COUNTRIES ................................................................................................77
1. Bilateral or Plurilateral Agreements Relating to Foreign Trade in Goods and
Trade in Services.............................................................................................................. .......77
2. Economic integration, customs union and free-trade area agreements.............................78WT/ACC/SAM/4
Page 1
II. ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE
Question 1
Samoa's economic reforms are very impressive, and we are pleased to participate in their
accession preparations.  Please provide details of  any further commitments to liberalisation that
are being planned for the future.  Alternatively please describe Samoa's commitment not toapply more restrictive measures.
Answer:
No major policy initiatives are planned for the next couple of years for Samoa. The aim now
is to consolidate the reform measures already undertaken, namely the tax and tariff reform, financial
sector liberalisation and privatisation/corporatisation initiative, as well as the processes for legislative
framework to ensure that the benefits of these re forms filter through to the whole Samoan community.
Samoa is supportive of its reform agenda and has no intentions of going back to apply more restrictivemeasures.
1. Economy
(b) Current economic situation
Question 2
Samoa does not appear to have any balance of payments problems at present.  Please cite and
describe the provisions of domestic law that Samoa would use if it became necessary to apply
measures to defend the balance of payments.
Answer:
The Government would have the intention of using macro-economic measures to deal with
balance of payment problems. It would use fiscal policy measures under the Public Monies Act 1964to cut back on expenditures and instruments of monetary policy primarily through the issuing of
Central Bank securities to influence money supply a nd domestic credit. It would also take appropriate
measures to adjust the value of the Samoan Tala (SAT).
2. Economic Policies
(a) Main directionsQuestion 3
We note that there is an emphasis on developing a partnership between the government and the
private sector.  How does the government keep the private sector informed about changes to
requirements relating to imports, exports, business regulations, customs procedures and
investment?  Please also list the trading require ments that are set down in laws and regulations.
Answer:
Notices of proposed changes in laws and regulations are published in the official Government
newspaper, ‘the Savali’, and in the national press. Information is also made available by other means,
e.g. Customs Procedures and Regulations are made known to private sector stakeholders through
Customs Public Circulars. The Trade, Commer ce and Industry Development Board and the Inter-WT/ACC/SAM/4
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Departmental Committee are also other forums that discuss various matters with the private sector.
Joint meetings and briefings are held with specific interest groups, e.g. Chamber of Commerce,
Manufactures Association, Airlines/Shipping Companies, Customs Agents/Brokers, various Advisory
Boards, Women in Business Foundation, etc.
Question 4
A number of enterprises are wholly or partially owned by the state.  Could Samoa advise
whether any of these enterprises have special privileges accorded by the government, whether
any enjoy a monopoly position in the market, or whether any do not operate on the basis of
normal business considerations in any way?
Answer:
As regards trade in goods, it is Samoa’s understanding that it has no state-trading enterprises.
As far as services are concerned, in the case of utilities, the enterprises are the main or the
only supplier of these kinds of services in the market given the size of the economy. However,
competition exists in some areas of these enterprises’ operations. A joint venture between a private
company and government compete with the SOE (S amoa Communications Ltd) in the provision of
telephone services.
Government policy has been and still is, to develop the private sector as the engine of
economic growth and that all enterprises either pa rtly or wholly owned by government operate on
normal business considerations. To this end, government is withdrawing from the provision of
services the private sector can provide. It has developed an umbrella legislation to strengthen the
performance and accountability of those that will remain in the public sector.
See also answer to Question 6.
Question 5
Could Samoa please provide details of the privatisation and corporatisation programme for
State-owned Enterprises (SOE), including timetables, and explain how it intends to accelerate
progress in this area?
Answer:
The findings of the latest privatisation/corporatisation program is that there is still a lot of
work to do including investigations into the individual enterprises and organisations before an
informed decision can be made as to whether it be privatised, corporatised, commercialised or
contract out. What is envisaged is an integrated program that goes through a consultative process
involving the stakeholders in determining the best option for the enterprise or organisation on a case
by case basis.
Corporatisation and Privatisation (1998 – 2002)
Completed Privatise/Equity Divestment 2001 - 2002
i. Divested Government shares in Samoa Iron
and Steel in November 1998;
ii. Corporatised PTD on 1 July 1999;
iii. Sold Government’s majority shareholding in
Samoa Breweries in mid 1999,
iv. Divested Government shares in BOC Gas in
August 1999;Privatising
- Agriculture Stores Corporation.
- Divestment of Government Shareholding
- Samoa Forest Corporation;
- Computer Services Limited;
- Hellaby Limited; and
- the balance of Samoa Breweries LimitedWT/ACC/SAM/4
Page 3
Corporatisation and Privatisation (1998 – 2002)
Completed Privatise/Equity Divestment 2001 - 2002
v. Wound-up the Special Projects Development
Corporation (SPDC) and assets tendered;
vi. Initiated negotiations of joint venture for the
divestment of government’s interest in theSamoa Coconut Oil and Products Limited(SCOPL);
vii. Sold all Government Assets with the Samoa
Coconut Products Limited;
viii. Divested Government shares in Brugger
Industries beginning of 2001; and
ix. Divested Government shares in Rothmans
Limited beginning of 2001.
Question 6
We understand the government has drafted an ‘umbrella’ SOE Act that will bring the
remaining SOE’s under the companies Act, and that it will also state more clearly
audit/reporting requirements, issues concerning board representation by politicians and tabling
of board members’ pecuniary interests, and a code of conduct for public servants.  We alsounderstand the public monies act is presently being reviewed.  Can Samoa please provide more
information on changes being made in this are a, advice on when the Act will come into force,
and on when the full report on the public monies Act will be available?
Answer:
The new Public Finance Management Bill is intended to replace the Public Money Act 1964.
This Act is largely outdated and does not reflect th e Government’s public finance management policy
initiatives or current practice. The new Bill now incorporates economic and financial management
principles with explicit and detailed requirements for transparency, accountability, predictability and
participation in procedures and processes. These requirements have been framed to be consistent with
the wider public sector reforms together with the South Pacific Forum’s Eight Principles of
Accountability. The review of the Act is the first si gnificant review of the Public Money Act since its
enactment.
Question 7
We note that from the list of enterprises wholly  or partially owned by the state (page 5 of the
FTR), the Government of Samoa has divested, or is  in the process of divesting its involvement in
three agriculture-related enterprises, Ro thmans Tobacco, Samoa Breweries and Samoa
Coconut products.  Could Samoa please provide details on the functions of the agriculture StoreCorporation and whether the government has any plans for the privatisation or corporatisation
of this enterprise?
Answer:
The principal functions of the Agriculture Store Corporation are to sell or hire tools,
machines, equipment, feed, seeds, fertilisers, chemicals, insecticides and other supplies used in suchindustries. The Agriculture Store is one of the Corporations earmarked for privatisation.WT/ACC/SAM/4
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Question 8
Could Samoa please provide details of goods that are subject to regulatory price controls, and
explain how price controls are applied to imported products?  Also, please explain any
differences in application of the price controls  to imported products  compared to similar
domestically produced goods?
Answer:
Price controls are on basic grocery items. All other products are not subject to price control,
as there is healthy competition. Price controls are applied on a national treatment basis. For domestic
products, price controls are based on the ex-factory price and for imported products on the c.i.f. price
plus any customs duty. A full list of price controls is available through document
WT/ACC/SAM/4/Add.1.
Question 9
Can Samoa please provide information on:
- Arrangements for publication of trading requirements so that traders and businesses
can familiarise themselves with them?
- The extent to which trading requirements are set down in laws and regulations, and the
extent to which discretion is able to be exercised in the application of suchrequirements?
Answer:
For the answer to the first of these questions, please see answer to Question 3.
The extent to which discretion can be exercised varies from one area to another. Please refer
to the other Sections of this document for more information on individual areas. Membership of theWTO will further regulate the discretion that may be exercised.
Question 10
What determines a controlling interest in an SO E.  What are the parameters for an "efficient
and reliable commercial basis", that an SOE will reach, before the Government withdraws from
any direct involvement.
Answer:
What determines a controlling interest in a SOE is owning more than 50 per cent of total
shares or controlling the majority of the voting oriented rights.
In Samoa, the Government’s policy is to withdraw wherever possible from commercially
oriented activities and concentrate on the development of policy making institutions and utilities
which the private sector in Samoa cannot take over. For SOEs that will remain under Government, a
revised SOE corporate framework will be intr oduced and implemented under a new SOE Umbrella
Legislation (see Questions above) requiring these entities to introduce more commercial and
performance based management and to comply with statutory financial statement and reporting
requirement. The Legislation will also strengthen the role of State Owned Enterprises Monitoring
Unit to enable it to more effectively monitor SOE performance.WT/ACC/SAM/4
Page 5
Question 11
Please provide details of Samoa Communication's exclusive licence to provide postal and
telecommunications services (and the relationship of this licence to Telecom Samoa Cellular).
Answer:
Please see Section on trade in services, in particular Question 200.
Question 12
Does Samoa have an STE, which operates under exclusive or special privileges in relation to
goods imports or exports.
Answer:
No state owned enterprise trading in goods has been given a monopoly. Samoa closed the
Cocoa and Copra Marketing Boards in 1990.
Question 13
Please provide details of the privatisation and corporatisation programme for state owned
enterprises, including timeframes.
Answer:
Please refer to table in Question 5
Question 14
Please give details of any goods that are subject to regulatory price controls.
Answer:
 Please see answers to Questions above.
Question 15
How are price controls applied to imported products?  What are the differences in application
of the price controls, applied to imported products, as compared to domestically produced
substitutes? Please describe any terms or conditions that would allow certain products to be
exempted from the price controls.
Answer:
Goods prescribed in the General Price Order 1998 are controlled. The maximum profit
margins are calculated using the percentage mark up system for both local and imported products. In
terms of locally made products, such as beer, biscuits, cigarettes, bread and corned beef, an
application to the Prices Board is needed should an increase in price is required. This application must
justify the increase requested.
Price controls are on basic grocery items that are important items in the budgets of low and
middle-income families. All other products, where there is healthy competition, are not subject to
price control.WT/ACC/SAM/4
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Please also see answer to Question 8.
Question 16
Are there goods subject to a regulatory price cont rol? If so, please give a detail of these goods
(HS coding, description of goods, minimum and maximum price).
Could the Samoan authorities confirm whether thei r privatisation policy provides for the equal
treatment of foreign and domestic investors? If not, when do the Samoans propose to bring this
in line with WTO rules?
Could Samoa outline the future programme of privatisation and the economic significance of
sectors being privatised?
It is Samoa’s understanding that the WTO rules on goods relate to the treatment of goods and
not to the treatment of foreign and domestic investors and that the treatment of foreign
investors in services industries is dealt with in the negotiations on the services schedule.
Answer:
For question on price controls, please see previous answers.
The privatisation program does not have any policy restricting foreign ownership and the
Government is actively promoting foreign investment in the country through its Trade and Investment
Promotion Unit. Decisions on i ndividual projects are taken on a case by case basis.
For the privatisation program, please see answer to Question 5 above.
(b) Monetary and fiscal policy
Question 17
What progress has been made on the phased reduction of the Liquid Assets Requirement for
removal by late 1999.  What are the barriers to entry for Commercial Banks wishing to enterthe market place?
Answer:
The Liquid Assets Requirement (LAR) was completely removed in May 1999.  What remains
is the Required Statutory Reserve Deposit, which is presently set at 4.8 percent of all deposits
(private, public institutions and Government) except interbank deposits.
There are no barriers to the entry of a commercial bank, foreign or local, to do business in
Samoa.  All banks, however, need to obtain a licence from the Central Bank of Samoa in order to
conduct banking business in Samoa.  Licensing provisions mirror closely those set out in the Bank for
International Settlement (BIS) Core Principles for Effective Banking Supervision and are the same for
both domestic and overseas banks.
Question 18
WT/ACC/SAM/2 states that “the only taxes levied in Samoa, apart from the taxes on goods and
services dealt with in other sections of this Memorandum are taxes on net income and/or profitsWT/ACC/SAM/4
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-company tax, personal tax, tax on dividends, capital gains tax, taxes on interest derived from
Samoa by a resident or a non-resident, and taxes on royalties and management fees.”
For a recent representative period, please indicate what portion of public revenues is derived
from these taxes and from other sources, e.g., what percentage is supplied by customs duties and
charges, what percentage by domestic taxes on goods, what percentage by income and profittaxes, what percentage from other sources, etc.
Are these taxes applied on a non-discriminatory, national treatment basis to foreign-owned or
controlled investments?
Answer:
In fiscal year 1998/99, total tax revenue accounted for 79.7 per cent of total Government
revenue. Income tax made up 16.8 per cent of total revenue, tax on international trade 15.8 per cent,
VAGST 46.1 per cent, Petroleum Levy 2 per cent, Foreign Exchange Levy 1.2 per cent, ImportExcise 9.4 per cent, Domestic Excise 12.9 per cent and all other taxes 0.9 per cent. Non tax revenue
accounted for 20.3 per cent of the total.
Taxes are applied on a national treatment basis – please see Section on Application of Internal
Taxes to imports below.
(c) Foreign exchange, etc.
Question 19
We note that there have been improvements in terms of the Central Bank of Samoa’s controls
over interest rates, liquid asset ratios and the removal of foreign exchange levies.  What
mechanisms are in place to maintain and ad vance the improvements already achieved in this
area?  Can Samoa provide an assurance that req uirements for prior authorisation of foreign
currency transactions will not be tightened?
Answer:
All monetary policy controls over bank lending and interest rates were removed in January
1998. Monetary policy is now implemented through Open Market Operations.  The Liquid Assets
Requirement (LAR) was completely removed in May 1999. What remains is the Required StatutoryReserve Deposit (RSD) which is presently set at 4.8 pe rcent of all deposits (private, public institutions
and Government) except interbank deposits.
Furthermore, although interest rates have been deregulated, the Central Bank is closely
monitoring developments so that interest rates spreads and bank fees and charges do not become
unnecessarily too excessive. Bank fees and charges are outside the purview of the Central Bank.
However, to promote transparency of costs, the Central Bank publishes regularly a list of comparable
bank fees and charges of individual banks.
The removal of foreign exchange levy would reduce the costs to the public and would be
further aided by more competition through the establishment of money exchanges.
Effective from 3 July 2000, the Central Bank further relaxed Exchange Control Policy
requirements in line with the ongoing process of liberalisation of the financial system.WT/ACC/SAM/4
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At the present time Samoa has no intention of tightening its requirements relating to foreign
currency transactions.
Question 20
Does Samoa impose any controls or requirements on the acquisition or disposition of foreign
exchange by private individuals or firms, e.g.,  required sale of acquired foreign exchange, or
restrictions on purchase?
Does the government provide foreign exchange fo r any designated purpose?  If so, does the
price differ from that available on the market?
Answer:
There are no restrictions on the inflow of foreign exchange, however, there are controls on
capital account transactions but these are normally granted against documentary evidence. The main
emphasis is that the level of foreign reserves are adequate to service these transactions.
The Government does not provide foreign exchange for any designated purpose.
Question 21
WT/ACC/SAM/2 states that Samoa's Central Bank "continues to administer capital account
transactions under the Exchange Control Regula tions" by controlling capital outflows and
"generally, investments outside Samoa and privat e sector external borrowings are subject to
exchange control regulations." Please describe how the Central Bank administers capital
account transactions and provide a copy of the Exchange Control Regulations.
Answer:
There are no restrictions on payments in the current account of the Balance of Payments.
However, there are controls on the capital account. Overseas borrowing and servicing of debt by theprivate sector need Central Bank approval, which is normally granted provided there is a net
economic benefit accrued to the domestic economy of  such borrowings. Remittance of private capital,
profits and dividends are always allowed against documentary evidence.  A copy of the Exchange
Control Regulations 1999 is availabl e through document WT/ACC/SAM/4/Add.1.
Question 22
An exchange rate levy of 1 per cent charged on gr oss sales of foreign exchange existed at the end
of 1997. Is it correct to assume that the law li sted in Annex 2 “Foreign Exchange Levy Repeal
Act 1998” did in fact abolish this levy?
Answer:
Yes, there is no more foreign exchange levy.
(d) Foreign and domestic investment policy
Question 23
According to the Memorandum, investors can eas ily obtain a clear guid ance of the procedures
relating to investment from the Trade a nd Investment Promotional Unit (TIPU).WT/ACC/SAM/4
Page 9
In this regard, which laws ensure transparency of  the investment regime?  Please describe the
standard by which each investment is approved or not, and please explain in detail which laws
make it possible for the government not to prov ide admission to invest (i.e. is the Business
Licence Act the only law through which a licence can be prohibited, and through which laws are
investments by foreign manufacturers regulated?)  Please explain in detail such cases where the
Government of Samoa does not give a permit to invest?
Answer:
The Business Licence Act 1998 governs the setting up of business in Samoa. The
Government actively promotes foreign investment in Samoa and a new law on the subject has recently
come into force – the Foreign Investment Act 2000.  This new Act stipulates that the issuance of
Foreign Investment Certificates to foreign investors entitles them to a business licence. The Act
specifies that individual sectors are reserved for the local investors – at the present time the reservedlist consists of: buses for transportation of the general public, taxis, vehicles for hire, retailing and
sawmilling. These sectors were chosen as a result of a study of the sectors that are adequately catered
for by the local investors and as part of a program for the protection of the environment and forests.
The Act also provides for the establishment of a li st of restricted activities, which is now being
developed. Foreign investments in these activities are subject to specific conditions to be laid down inthe regulations under the Act.
Foreign investments in other activities are only subject to the same laws and regulations
which apply to domestic investors (except for the purchase of land – see answer to Question 29).
Foreign investments in certain services sectors are regulated e.g. for prudential reasons; for more
information, see the section on Trade in Services below.
A copy of the Foreign Investment Act 2000 has been deposited with the WTO Secretariat for
the information of Members of the Working Party.
Question 24
After approval of a foreign investment in Sa moa and foreign investors have established
themselves, are such investors able to benefi t from national treatment and MFN treatment in
Samoa.  Do any exceptions exist?  If so, please provide the details.
Answer:
The Foreign Investment Act 2000 regulates 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
promulgated under the Act includes 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 theymeet 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.
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, where noforeigners are allowed to purchase land.WT/ACC/SAM/4
Page 10
Question 25
Foreigners cannot own land in Samoa but “investors” can lease land either from the
government or private owners, for a period up to 20 years renewable.  Does this mean that the
foreigners able to lease land are limited to those qualified as “investors”?  If so, please explain
the requirements necessary for a foreigner to be defined as an “investor”.  Once obtained, can alease contract be renewed more than once?
Answer:
Foreigners can lease Government land for farming, residential and commercial purposes for
an initial period of 20 years which can be renewed for successive periods of 20 years, provided that
they satisfy immigration laws.  There is no requirement under the law that the foreigner must be an
investor.
Similarly for freehold land, there is no requirement that the foreigner be investor although the
consent of the Head of State is required if lease is for a term of more than 20 years.
A foreign investment is the involvement of any non-citizen, or any company in which a non-
citizen holds a shareholding in any business or economic activity in Samoa for which a Business
Licence is required by the Business Licence Act 1998.
Question 26
Could Samoa please describe the conditions and restrictions imposed on foreign investors
repatriating profits and capital gains, and explain how disputes in this area are handled?
Answer:
There are no restrictions on foreign investors repatriating profits and capital gains provided it
has supporting documents and tax clearance.
Question 27
Could Samoa please explain the degree of security which foreign investors have in Samoa?
Answer:
Foreign investors are protected under the Foreign Investment Act 2000. (See answers to
previous Questions).
Question 28
Could Samoa advise whether there are any diffe rences in the business li cence requirements that
apply to foreign businesses compared to those that apply to domestic businesses?
Answer:
Business Licence requirements for domestic and foreign businesses are covered under the
Foreign Investment Act 2000 which will list those types of businesses reserved for domestic investors
and those types of businesses that would be open to foreign investment subject to compliance tocertain regulations.WT/ACC/SAM/4
Page 11
While the application process and fees for business licence requirements vary depending on
the type of business applied for (there are, for instance, different requirements for companies as
compared to sole traders), there are no distinc tions between domestic and foreign companies in this
case.
Question 29
Given that a high proportion of land in Samoa is owned by traditional landowners, security of
tenure for foreign investors leasing land is an important issue.  Can Samoa provide details on
the avenues of review/appeal that are available to foreign investors in the event of a dispute over
the terms and conditions of a lease?  Does Samoa intend to take any steps to facilitate land
availability for investment, and to implement clearly defined procedures in this area?
Answer:
Once a lease of customary land is granted by the Minister of Lands Surveys and Environment
to a foreign investor, the lease is considered to be that of public land and is subject to ordinary judicial
review/appeal provisions like any other lease in the event of a dispute arising over the terms and
conditions of the lease.
The Government facilitates the availability of land for investment.
Question 30
Please provide details of the grand-fathered  import duty concessions/income tax incentive
schemes.
Answer:
The grand-fathered concessions made under the Enterprise Incentives Scheme only include
approved export companies (companies that export 95 per cent of their production). Such concessionsincluded:
- an income tax holiday of up to 15 years
- a subsequent tax rate of 25 per cent on assessable income
- a holiday on income tax on dividends of up to 15 years (up to the limit of funds invested)
- complete relief from all custom and excise duties on both imports and exports
Six approved export companies have existing concessions available under this scheme with
the last company whose concessions will expire in 2014.
Question 31
Please describe any conditions or restrictions on foreign investors repatriating profits and
capital gains.  How are disputes handled in this regard?WT/ACC/SAM/4
Page 12
Answer:
There are no restrictions on foreign investors repatriating profits and capital gains provided
they have supporting documents and tax clearance.
Question 32
Please provide details of any regulations which give effect to the provisions of the Business
Licence Act 1998.
Answer:
None.
Question 33
Please describe any differences in the busine ss licence requirements, application process and
benefits, between foreign and domestic businesses.
Answer:
Please see answers to previous questions.
Question 34
WT/ACC/SAM/2 states that previously, the Government of Samoa had offered tax incentives to
encourage production and export of goods from Samoan firms.  It also states that “in the
1999/2000 Budget the government announced that, in  the light of the lower duty rates, these
concessions on import duties and income tax holidays would no longer be available in respect of
new investment proposals.”
Please describe the incentives provided by the Enterprise Incentives and Export Promotion Act
1992/1993 and the effect of the amendments passed in June 1999.  Please supply a copy of both
the Act and the amendments.
Please indicate how many “approval orders granted between 29 May 1998 and 25 June 1999
together with export enterprises approval orders ” that are grandfathered until they reach the
expiry date stipulated in the respective orders, st ill exist.  Please indicate the approximate length
of time on these orders to the expiry.
Are there any other programs provided for in law or regulation still in place to attract
investment to Samoa, e.g., tax credits or exemptions, direct grants, tariff exemptions, etc.
Answer:
Please see answer to Question 30.
There are no other programs giving incentives to attract investment to Samoa.
Question 35
WT/ACC/SAM/2 states that no information is available on the volume or value of foreign direct
investment.WT/ACC/SAM/4
Page 13
Is governmental approval necessary for foreign di rect investment?  What laws are relevant in
terms of approvals or criteria?  Please list any major foreign investment projects approved or
initiated during the last five years.
Are there any rules or regulations applied to fore ign investors in any sect or (other than the laws
on land ownership) that differ from the those applied to domestic investors?  If so, please listthem and cite the applicable laws.
Answer:
Please see answers to previous Questions. The Government is in the process of establishing a
foreign investment database.
Question 36
Controls on inward investment on different sectors existed at the end of 1997.  Do they still
exist?  Is there any domestic legal protection fo r foreign investors in cases of expropriation?
Answer:
The legislation regulating foreign investment has been described in the answers to the
previous questions. As previously explained, foreign investors have the same legal protection as
domestic investors.
(e) Competition policy
Question 37
How does Samoa intend to deal with a case wh ere anti-competitive practices by an enterprise
are conducted in more than one country?
Answer:
The competition policy in Samoa described in the Memorandum deals only with anti-
competitive practices in Samoa.
Question 38
Can Samoa please provide a list of the consumer items affected by the mark-up controls under
the Fair Trading Act of 1998, and advise whether Samoa intends to implement effective
competition policies to replace these price controls?
Answer:
For a list of products affected by price controls, see answer to Question 8 above.
Samoa’s policies reflect the fact that it is a small least-developed country. Once it is a
Member of WTO its price controls will be implemented in full conformity with the relevant WTO
obligations – Article III:4 and 9 of GATT1994.WT/ACC/SAM/4
Page 14
Question 39
Please explain why price controls are required under the Fair Trading Act, 1998, to address a
monopoly position, when the first-best solution  would be to increase competition in these
markets and penalise anti-competitive behaviour by dominant firms.
Answer:
Samoa is committed to increased competition but the Government must be mindful of the
village based and rural communities (including the other island) where the average number of stores
range from 1-3 per village. These stores could impose excessive prices for the basic goods that are
important to the budget of the average family, especially since the income range in the rural areas is
very low, dominated by subsistence agriculture. The purchasing power in these areas could be really
affected by excessive pricing. Competition in the urban/town area is increasing and most shops price
their goods below the control margins. It is not inte nded that price controls remain in effect forever.
When the government believes competition is healthy and there is no need for price controls, Samoa
will deregulate.
Question 40
Concerning Communications, Ltd. and other sanctioned monopolies please review GATS
Article VIII (Monopolies and Exclusive Service Suppliers) and provide information on howSamoa is complying, or is taking steps to comply, with the requirements of that Article.
WT/ACC/SAM/2 states that “the Fair Trading Act of 1998 controls the percentage mark-up of
wholesalers and retailers for a short list of impo rtant consumer items in order to prevent these
distributors from taking advantage of local monopoly positions which exist in the Samoan
economy.”
Please list the goods covered by these require ments, by HS number, and indicate how such
controls are applied to imported and domestic goods.
Are there currently any other price controls, profit controls, or price guidance from any
government agency on goods or services?  If so, please list them as well, and cite the legal
authority.
Answer:
Please see the answers to the previous questions.
(f) Privatization policy
Question 41
Approximately what portion of Samoa’s GDP is accounted for by the activities of state-owned
enterprises?  Approximately what portion of its imports and of its exports are accounted for by
the activities of state-owned enterprises or  those with a state-sanctioned monopoly?
Answer:
Public utilities account for about 9 per cent of total GDP in 1999. Other State Owned
Enterprises are estimated to account for a further 5 per cent of GDP.WT/ACC/SAM/4
Page 15
State Owned Enterprises account for a negligible proportion of exports and not more than 5
per cent of imports.
3. Foreign Trade In Goods and Services
Question 42
What products make up the imports listed under the general heading of Government and Other
(Private Sector) in Table 3.2 Imports.
Answer:
Government imports - This category follows the concept of Government as defined by the
International Monetary Fund’s methodology for compiling balance of payments statistics, although
for practical reasons, it is not completely possible to adhere to this definition.  At present, this
category largely constitutes the imports by Government Departments and Ministries whose
expenditures are predominantly financed through th e Government Budget.  It also includes those
goods, which are imported directly by Government under its name.  All other goods, including those,
which are imported directly by Government statutory institutions and corporations, are classified as
imports by the private sector and are recorded unde r Other (Private Sector) imports. A list of goods
imported by the Government is availa ble through document WT/ACC/SAM/4/Add.1.
Question 43
Please describe the sources and related values of government revenue.
Answer:
Please see the answer to Question 18.
Absolute values of Government Revenue available through document
WT/ACC/SAM/4/Add.1 (Lis t of Imported Goods).
(b) Export and imports
Question 44
The table in this section indicates that in recent years, the Government has accounted for
approximately 9 percent of imports, including petroleum.
Please describe in general terms the composition of these government imports.  Please indicate
what, if any, role the Government of Samoa has in generating exports.
Answer:
Please see the answer to Questions 41 and 42.
Question 45
Concerning remittances from services please indica te what sort of services remittances account
for the positive “net services” component in Sa moa’s balance of payments, as outlined in the
chart in this section.WT/ACC/SAM/4
Page 16
Answer:
Tourism and remittances (private transfers from families overseas) make the largest
contribution to the net services component of the balance of payments.
III. FRAMEWORK FOR MAKI NG AND ENFORCING POLICIES AFFECTING
FOREIGN TRADE IN GOODS AND TRADE IN SERVICES
(a) Powers of  the Executive,  Legislative and Judicial Branches of Government
Question 46
What is the domestic process and timetable for le gislative changes that will need to be made to
implement WTO provisions, including in areas where current policies or practices are
inconsistent with WTO provisions?
Answer:
For the process, see answer to the next question.
Samoa intends to make any legislative changes necessary to ensure the conformity of its laws,
regulations and administrative procedures with its WTO obligations and looks forward to defining
these and the corresponding timetable in the Working Party.
Question 47
What is the domestic process for Samoa's legislative implementation of WTO provisions.  What
will be the process for dealing with any policies, regulations or practices that are inconsistent
with the WTO provisions?
Answer:
Any accession to international instruments or treaties must be upon the recommendation of
our Ministry of Foreign Affairs who consults widely  within Government. No overseas treaty or other
instrument can automatically supersede domestic law and so the amendment or repeal of any relevant
statutes
It is the intention of Government that once Samoa becomes a member of the WTO, the
national laws will be in line with WTO Agreements. The conformity of Samoa’s laws with WTO
provisions would be ensured by following the legislative processes.
The Department of Trade, Commerce and Industry would be responsible for initiating and
sponsoring any legislative implementation of WTO provisions. A Cabinet submission explaining the
proposed implementation of a WTO provision is prepared by the Department following consultations
with all stakeholders including the private sector. A draft bill, implementing the WTO provision is
then sent together with the Cabinet submission for Cabinet approval. These two documents are
usually accompanied by reports from Treasury outlining any fiscal implications and the Attorney
General on the legal implications. Once Cabinet approves a submission the draft bill is then referredto the Clerk of the House for introduction into Parliame nt. The bill is then tabled in Parliament by the
Minister responsible and goes through the First Reading. The bill goes through the Second Reading
with the Minister explaining the need for the bill. At this stage the bill is then referred to the relevant
Select Committee (in this case the Committee on Trade, Commerce and Industry) to consider the bill
and report back to the House. Debate on the  bill then begins in the House. Once a report is receivedWT/ACC/SAM/4
Page 17
from the Select Committee, a motion is made to adopt the report and the bill is read a third time and
then the bill is passed by the House. The Head of State assent is then required to pass into law.
If the provisions are in regulations then the process is slightly different, requiring a Cabinet
submission from the sponsoring department and a draft amendment to the regulation. The amendment
is considered by Cabinet and, if approved, is then sent to the Head of State for assent into law.
Question 48
What are the current legal requirements for public ation of laws, regulations, etc prior to their
implementation?
Answer:
Standing orders of Parliament require the publication of the Short Title of draft laws (Bills) in
the media or by broadcast prior to introduction into the House. However, the requirement for
publication may be waived under emergency cases. Standing Order 70 requires that no Bill can beintroduced unless it has been first published in the official Gazette, Savali or other local newspaper or
broadcast over Radio 2AP at least one or seven days notice before it is intended to be introduced. The
process by which legislation is passed, i.e., the Parliamentary proceedings, are broadcast
simultaneously and live across the country.
Once an Act has been assented to there is no legal requirement for formal publication but:
copies are sent to all members of Parliament; Council of Deputies; the Honourable Chief Justice and
all Heads of Government Departments; lists of enacted legislation are published in the Gazette; and
copies are freely available for purchase from the Legislative Assembly. If the Act requires an order
bringing it into force then this is published in all local newspapers.
Question 49
Please describe how Samoa will adopt WTO provisions in its laws, as called for in Article 16 of
the Agreement Establishing the WTO, and how Samoa’s terms of accession contained in the
accession package adopted by the WTO General Council will be accepted or ratified.
- Please outline the existing hierarchy of laws , i.e., which types of legislative instruments
supersede others where there are inco nsistencies in two or more laws.
- Please describe the process that Samoa’s government will use to ratify the accession
package approved by WTO members, and indi cate about how long it should take.
- What will be the legal status of the WTO Agreements in Samoa after it becomes a
member, e.g., will the Agreements automatically supersede existing laws and
regulations?
Answer:
The Articles of the Constitution of the Independent State of Samoa prevail over all other
legislative provisions and where there is conflict reference is available to the Supreme Court for
determination. Any law inconsistent with the Articles of the Constitution may be declared void for
inconsistency. In Samoa, the hierarchy of legisla tive instruments from most to least important are:
Acts of Parliament; Statutory Regulations; Statutory Instruments and Order.
Please see also answer to Question 48.WT/ACC/SAM/4
Page 18
Question 50
Article X of the GATT states that all “laws, re gulations, judicial decisions and administrative
rulings of general application, made effective by any contracting party, pertaining to the
classification or the valuation of products for customs purposes, or to rates of duty, taxes or
other charges, or to requirements, restrictions, or  prohibitions on imports or exports or on the
transfer of payments therefore, or affecting thei r sale, distribution, transportation, insurance,
warehousing, inspection, exhibition, processin g, mixing or other use, shall be published
promptly in such a manner as to enable gov ernments and traders to become acquainted with
them.”.   WT/ACC/SAM/2 states that “A cts are published in the Samoa Gazette.”
- Are all legal acts of the executive, legislature, and judiciary published in the same place
prior to entry into force?  If not there, then  where?  Is it required that they be published
to come into force?
- What provision of law provides for publication of laws and other legislative instruments
prior to entry into force?  Does Samoa’s current legislation cover the provisions of
Article X and the other WTO transparency requirements?
Answer:
Please see the answer to Question 48.
Question 51
Please provide to the Working Party greater de tails about the composition, functions, and
processes of the Courts of Samoa, including in formation about the representation of foreign
individuals and firms to this Court. Which Court decides on administrative cases (that is,
commercial cases brought against the national administration).
Answer:
The legal system of Samoa is based on the common law system with many of its laws
deriving from New Zealand. The Court structure comprises of the Court of Appeal, The Supreme
Court and the District Court. In matters concerning customary land and titles, there is recourse to the
Lands and Titles Court. The Court of Appeal is a superior court of record consisting of 3 judges, oneof whom is designated President. It has appellate jurisdiction to hear and determine any appeals from
any judgement of the Supreme Court in its criminal or civil jurisdiction. On appeal from a decision of
the Supreme Court the Court of Appeal may affirm, reverse or vary the judgement appealed from,
may order a new trial or may make any such order with respect to the appeal as the Court thinks fit.
The decision of the Court of Appeal on any appeal from the Supreme Court is final. The
Supreme Court is also a Court of Superior record with original, appellate and supervisory jurisdiction.
The Supreme Court possesses jurisdiction, power and authority necessary to administer the laws ofSamoa. It is presided over by the Chief Justice who is appointed by the Head of State on the advice of
the Prime Minister. Other judges including non citizen s may also be appointed judges of the Supreme
Court. The Supreme Court has jurisdiction to hear and determine criminal matters punishable by
imprisonment for a term not less than seven years while it has jurisdiction to hear and determine civil
matters where the value of the matter in dispute is more than SAT 10,000.00.
All civil matters where the value of the matter in dispute is less than SAT 10,000 and criminal
matters punishable by imprisonment for a term less than 7 years are heard and determined in the
District Court.WT/ACC/SAM/4
Page 19
Any commercial cases brought against the national administration whether by a Samoan or a
foreigner may be heard in the Supreme Court.
Foreigners and foreign companies may bring civil claims in either the Supreme Court or
District Court and may also lodge appeals to the Court of Appeal.
Note: Please disregard the references in the Memorandum on Foreign Trade Regime that
Samoa’s highest court is the Privy Council.
2. Government entities responsible for making and implementing policies affecting foreign
trade.
Question 52
What process will be needed to complete national procedures relating to WTO accession? Will
implementing legislation be required?
Answer:
Please see the answer to Question 47.
3. Division of authority between central and sub-central governments
Question 53
What are the powers of the Matai to develop policies, regulations and practices at the territorial
constituency level?
Answer:
The Village Fono Act 1990, gives powers to a village fono or Council to conduct village
affairs particularly in relation to social and health issues, development of village land as well as
maintenance of law and order in the village.
Under the Internal Affairs Act 1995, village councils through its government appointed
pulenuu or mayor have direct communication with the Internal Affairs Department of Government.
Any matters in relation to local Government may be  directed to Central Government through the
village mayor. For example a village council may formulate policy in relation to local subsistence
fisheries and then recommend to the Minister of Internal Affairs the passage of by-laws or
regulations.
4. Any Legislative Programmes or Plans to Change the Regulatory Régime
Question 54
Please report on Samoa’s efforts in the area of new legislation or regulations to bring its trade
regime into line with WTO provisions in the period since Samoa applied for WTO accession.
Answer:
A list of relevant legislation is contained in Annex 2 of the Memorandum and in the Annex to
the present document. More information on this subject is given in the relevant sections of theWT/ACC/SAM/4
Page 20
Memorandum and this document, as are Samoa’s needs as a least developed country for technical
assistance in this regard.
Question 55
Please provide the following laws and legal instruments for Working Party review:
1. Business Licenses Act 1998
2. Fair Trading Act 1998
3. Customs Act 1977
4. Customs Tariff Act 1975
5. Petroleum Act 1984
6. Value Added Goods and Services Tax Act 1992/93
7. Excise Tax (Domestic Administration) Act 1984
8. Excise Tax (Import Administration) Act 1984
9. Excise Tax Rates Act 1984
10. Excise Tax (Domestic Administration) Amendment Act 1998
11. Trademarks Act 1972
12. Industrial Designs Act 1972
13. Patents Act 1972
14. Copyright Act 1998
15. Customs Amendment Act 1998
16. Customs Tariff Amendment Act 1998
17. Combined Working Tariff and Statistical Nomenclature (August 1999)
18. Excise Tax Rate Amendment Act 1998
Answer:
Copies of Nos. 1 through 14 are availabl e through document WT/ACC/SAM/3.  Nos. 15
through 18 will be supplied to Working Party.
Question 56
Does Samoa intend to submit to the WTO Working Party members for comment the revised
legislation related to customs and excise whilst it is still in a draft form?
Answer:
Changes in legislation (where necessary) will be considered on receipt of comments made in
the Working Party.
6. Description of Judicial, Arbitral or Administrative Tribunals or Procedures, If Any
Question 57
Foreign and domestic importers and exporters have the right to appeal decisions made by
government bodies which affect international trad e to the courts.  Is it possible to appeal a
decision to the courts regarding the other polic ies by the government?  When possible, does a
foreigner have the same rights as a Samoan national?WT/ACC/SAM/4
Page 21
Answer:
Any decision made by a Government body which is not in accordance with the law may be
the subject of review and appeal to the Courts. Any person (including bodies corporate under section
6 of the Acts Interpretation Act 1974) may commence proceedings in Court provided, they have the
requisite “locus standi” to bring a case i.e., an identifiable claim which warrants their status as a partyeither bringing the proceeding or responding to it. This is available to any person local and foreign
and to any type of claim recognized by statute or at common law without restriction. However,
foreign companies without a registered office in Samo a have to pay security costs if they are suing in
the local courts.
Question 58
It is stated that if a foreign trader has a comp laint about a decision or an act in relation to
“matters of administrations”, they may file a complaint to the Ombudsman.  In such a case, canthey also make an appeal to the court at the same time?  Does a foreigner have the same right as
a Samoan national?
Answer:
It is provided under the Ombudsman Act 1989 that the Ombudsman cannot investigate any
matter, which is subject to appeal, objection or review in any Court. The Ombudsman can investigate
a complaint made by any person, including a fore igner, in relation to matters of Government
administration.
Question 59
Please describe in detail the system for becoming an Ombudsman, such as the qualifications
required and the authority.  Does the Ombudsman have an independent status from theadministrative and judicial authoritie s as in northern European countries?
Answer:
The Ombudsman is an officer of Parliament appointed by the Head of State on the
recommendation of the Legislative Assembly for a term of 3 years. The Ombudsman may be removed
or suspended from office on the grounds of disability, bankruptcy, and neglect of duty or misconduct.There is no provision under the Ombudsman’s Act for qualification of an Ombudsman, but he/she
must be a person of good standing and integrity. He/she cannot be a Member of Parliament and may
not hold any other office without the approval of the Prime Minister. He/she is independent of the
public service, the judicial system as well as other administrative authorities. The Ombudsman reports
directly back to Parliament.
Question 60
Can a foreigner become an Ombudsman if he satisfies the requirements?
Answer:
Please see answer to question 59. Samoa’s first Ombudsman was a foreigner.WT/ACC/SAM/4
Page 22
Question 61
WT/ACC/SAM/2 state that “foreign and domestic importers and exporters have the right to
appeal decisions by government bodies affect ing international trade to the courts.”  Could
Samoa cite the constitutional or legislative provisions that establish this right?
Answer:
Please see the answer to question 57.
The procedure of bringing claims against the Government are set out in the Government
Proceedings Act 1974 in addition to the opportunity to bring proceedings against Government under;
the Constitution i.e., for compulsory acquisition which breaches Article 14 – Rights concerning
property; the Declaratory Judgements Act 1988 or und er an application for judicial review under the
Common Law as a cause of action under administrative law.
IV. POLICIES AFFECTING TRADE IN GOODS
1. Import Regulation
(a) Registration requirements for engaging in importing
Question 62
Can Samoa confirm that, to obtain a licence to act as an agent for the delivery of imported
goods, the only condition is the payment of the li cence fee?  If there are other criteria for the
granting of a licence, would Samoa confirm that there is no difference in eligibility between
domestic and foreign enterprises?
Answer:
An importer must have a business licence to import except for the importation of products
subject to import licensing procedures. It is Samoa’s understanding that regulations affecting importedgoods are dealt with under this heading, but that questions relating to the eligibility of domestic and
foreign service providers are dealt with under the section on trade in services.
Question 63
Are foreign and domestic individuals and firms equally entitled to import goods?  If not, please
indicate what distinctions are made.  In addition to a licence to do business, is any other form of
registration required in order to import goods?
WT/ACC/SAM/2 states that “businesses require special licenses for the right to import liquor,
to sell liquor and to serve liquor in restaurants.  The cost of a licence to import liquor is
SAT 1,000 per annum (US$ 332).”
- Does Samoa have any other form of activity licensing that is applied to the act of
importation, e.g., for importing tobacco or other products?  If so, please list all
import-related activities for which an individual or firm must have a licence to perform.
- Are the number of licenses to import li quor in any way restricted or rationed?WT/ACC/SAM/4
Page 23
- In addition to the fee, what are the criteria for obtaining such a licence?   Are there any
substantive requirements other than payment of the licensing fee?
Answer:
For the answer to the first two questions, please see answer to previous question.
The number of licenses to import liquor is neither restricted nor rationed and there is no
criterion to be fulfilled if applying for a licence to import liquor.
Other imports requiring licenses are pesticides. Criteria include the material safety data sheet
and the health and environment effects of the pesticides. The cost of the licence is SAT 300.00 plus
VAGST registration fee for any new pesticide plus an annual import fee of SAT 50.00 for pesticides
not exceeding 5,000 litres/kg.
A list of all activity licences is available through document WT/ACC/ SAM/4/Add.1 (Nos 8, 9
and 10 refer).
Question 64
Can natural persons engage in importation activities?  If not, why not?
Answer:
Yes.
(b) Characteristics of national tariff
Question 65
We appreciate that Samoa has reduced the range of applied tariff rates form 0-60 per cent to
0-20 per cent, and we hope that Samoa will submit its initial offer, based on the reduced tariff
rates, as soon as possible.
Answer:
Samoa will submit an initial offer on tariffs, which will take into account the fact that it is a
least developed country.
Question 66
We welcome Samoa’s significant tariff reforms in recent years.  We note however that the tariff
rate on cigarettes remains high, providing substantial protection to local companies.  CouldSamoa please explain why action has not been taken to lower the tariff on cigarettes, at the same
time raising the excise tax if necessary to achieve public health objectives?
Answer:
As the question notes, cigarettes are produced locally. High duty and excise rates on tobacco
products were also introduced for health and social reasons. The duty on imported cigarettes is
presently 90 per cent plus SAT 7 per kilo by weight of tobacco. The excise is the greater of 160 per
cent or SAT 129.02 per kg or 1,000 sticks.WT/ACC/SAM/4
Page 24
Samoa’s duty on these products will be dealt with in the tariff negotiations on the basis of its
initial offer.
Question 67
Please confirm that Samoa is using HS 96 for the national tariff, and if not yet, when it will be
implemented?
Answer:
Samoa Customs Tariff uses HS96.
Question 68
Samoa should be prepared to negotiate and establish its GATT Schedule of Concessions in
HS-96 nomenclature.   Please list the “very fe w” products not covered by the four-stage ad
valorem tariff formula, by HS number and description and listing the duty.
Answer:
Samoa will present an initial tariff offer as a basis for negotiations. It will be prepared to
establish its tariff schedule in HS96.
The very few exceptions are:
HS 22.02 Waters, including mineral waters and aerated waters, containing added sugar
or other sweetening matter or flavoured, etc:  SAT 1.00 per litre.
HS 22.03 Beer made from malt: ad valorem 30 per cent or SAT 2.00 per litre,
whichever is greater.
HS 22.04 Wine of fresh grapes, etc: ad valorem 30 per cent or SAT 2.00 per litre,
whichever is greater.
HS 24.02 Cigars, cheroots, cigarillos, and cigarettes, of tobacco or of tobacco
substitutes: ad valorem 90 per cent plus SAT 7.00 per kilo.
HS 24.03 Other manufactured tobacco: 70 per cent plus SAT 7.00 per kilo; except HS
24.03.1020, not for retail sale imported for use in the production of excisable
cigarettes and “roll your own” tobacco: 20 per cent.
HS 87.02 Motor vehicles for the transport of ten or more persons, including the driver:
20 per cent or SAT 2,000, whichever is the higher; except HS 87.02.0020
public service type vehicles for the transport of fifteen persons or more: 10
per cent or SAT 1,000 per unit, whichever is the higher.
HS 87.03 Motor cars and other motor vehicles principally designed for the transport of
persons (other than those of 87.02): 20 per cent or SAT 2,000 per unit,
whichever is the higher; except vehicles specially designed for travelling on
snow, golf cars and similar vehicles: 20 per cent.WT/ACC/SAM/4
Page 25
Full information on these duties and internal taxes on these and all other products is to be
found in the national tariff, which has been supplied to the WTO Secretariat both on paper and in
electronic form.
Question 69
Please provide copies of applied rates of customs duty on diskette, together with import
statistics on a tariff line basis.
Answer:
Please see answer to previous question.
Available import statistics for the most recent 12-month period will be supplied as soon as
possible.
(c) Tariff quotas, tariff exemptions
Question 70Are there any tariff exemptions conditioned on export or export performance?
Answer:
 The only exemptions conditioned on exports are:
- those available to Export Enterprises and grandfathered when the Enterprises
Incentives Scheme was terminated (See Question 30.),
- those subject to Section 164 of the Customs Act (Temporary Imports),
- re-exports ex-bonded storage and
- goods in transit i.e. formally entered for transhipment.
There is also the Duty Suspension Scheme which is designed to assist regular exporters to
import raw materials required for export production without prior payment of duty.
Question 71
Please indicate which products benefit from tariff exemptions.  Can Samoa confirm that it does
not intend in the future to introduce import quotas?
Answer:
The only other items that benefit from import duty exemption are those relating to Diplomatic
Imports for Official Use, Accompanied Passenger Baggage, Imports for Airport Duty Free Shops,
Household Effects (Returning Residents & Persons taking up initial permanent residence in Samoa),
Temporary Imports of Yachts by Tourists, Educational Aids, Disaster Relief, Bread Concentrates &
Premixes. All other goods are subject to standard duty rates as provided for in the First & Second
Schedule of the Tariff. In certain cases, a concessionary rate (less than the standard rate) may also
apply e.g. fishing gear imported for fishing purposes – but this is freely available to all importers and
is applied on a most-favoured-nation basis. Deta ils will be found in the Second Schedule of the
National Tariff which has been supplied to the WTO Secretariat.WT/ACC/SAM/4
Page 26
Samoa confirms that as a WTO Member it would introduce import restrictions only in
conformity with WTO provisions.
Question 72
Please provide the full list of tariff exemptions, and give reasons for each.
Answer:
Please see answer to Question 71.
(d) Other duties and charges, specifying any charges for services rendered
Question 73
WT/ACC/SAM/2 states that “Samoa does not levy any “other duties and charges” in the sense
of Article II 1(b) of GATT 1994.” Please confirm that Samoa will bind such charges at
“zero” in its GATT Schedule of Concessions.
Answer:
As stated in answer to Question 65 above, Samoa will soon be submitting an initial offer on
tariffs, which will take into account the fact that it is a least-developed country.
Question 74
WT/ACC/SAM/2 states that “Fees are charged by Customs for the performance of services
rendered… and are expressed in specific terms. Copies have been supplied to the Secretariat.”
- Are such fees applied to both imports and exports or only to imports?
- Are the customs charges listed in Annex 4 comprehensive, or does the Government of
Samoa apply any additional charges for “service rendered” to imports or exports?
- What is the legal citation in the Customs Law or elsewhere that authorizes application
of these fees.
Answer:
Where applicable, the fees and charges would apply to both imports and exports.
A list of all such fees is availa ble through documen t WT/ACC/S AM/4/Add.1.
The references are to the Customs Act (as amended), Excise Act (as amended), Miscellaneous
Fees & Charges Act, Customs Regulations.
Question 75
What mechanisms have been put in place to ensure  that agency fees, such as customs, do in fact
relate directly to the cost of the service.WT/ACC/SAM/4
Page 27
Answer:
Detailed calculations have not been necessary as generally the service fees and charges
currently in place are well below the approximate cost of services rendered as required by Article VIII
1 (a) of GATT 1994.
Question 76
What other duties or charges are applied to imports for services rendered, other than normal
customs duties, fees and charges.
Answer:
As noted in the Memorandum, Samoa does not levy any “other duties and charges” in the
sense of Article II 1 (b) of GATT 1994. See answer to Question 74 relating to “fees and charges for
services rendered” dealt with in Article VIII 1 (a) of GATT 1994.
(e) Quantitative import restrictions, including prohibitions, quotas and licensing systems
Question 77
Please indicate the items for which imports are pr ohibited or restricted.  Please also explain in
detail, on an item-by-item basis, why su ch imports are prohibited or restricted.
Answer:
- Arms and Ammunition – necessary to protect life and health.
- Counterfeit Coins and Bank notes – necessary to prevent counterfeits
- Narcotics – necessary to protect life and health.
- Motor Vehicles – necessary to protect life and health.
- Pornography – Justice Department – necessary to protect public morals.
- Measures supplied for SPS reasons are dealt with in the relevant section below.
Question 78
Please confirm that Samoa’s import prohibitions currently are limited to the items listed in this
section, and that Samoa operates no quotas or other measures having similar effect on imports
other than described in this section of WT/ACC/SAM/2.  As appropriate, please list any
additional products and indicate whether th ere is domestic production for these items.
Answer:
Please see the answer to the previous question.
There is no domestic production of those products. Animals, plants and foodstuffs are dealt
with in the section on SPS below, and only a narrow range of these products is produced locally.
Question 79
What are the safety reasons which require individuals  to obtain a permit if they wish to import
right hand drive cars or cars over 10 years old?WT/ACC/SAM/4
Page 28
Answer:
Experience has shown that such cars are a danger on the road and that old cars are a danger to
the environment. Samoa does not produce cars and all cars are therefore imported. Samoa is a least-
developed country which has not been able to maintain testing stations to check cars after importation.
Any vehicle having its steering column to the right of the longitudinal centre line of the body
of the vehicle (right hand-driven vehicle), is prohibited under Section 21 of the Road Traffic
Regulations 1961 to be operated on public roads unless exempted by the Minister of Police for the
period of such exemption and fitted with direction indicators approved by the Minister. The
exemption referred to above is the Minister’s sole authority given the nature of the rules of the road.
The exemption when granted is translated to a Perm it, which outlines relevant conditions by virtue of
the requirements of provisions of the Road Traffic Regulations 1961.
The limitation imposed on the age of the vehicle was made mainly in the context of road
traffic safety.
(f) Licensing procedure
Question 80
Please complete the questionnaire on import licensing procedures, as outlined in WT/ACC/1.
- Please include in the responses all of the steps necessary for getting an import licence
and a list of all responsible agencies.
- Please include in the responses a list of  products, including the corresponding HS
numbers, that are subject to licensing.
Answer:
A response to this questionnaire will be supplied as soon as possible.
Question 81
Please outline the procedures, in detail, for the issuing of an import licence.
Answer:
Please see the answer to the previous question.
(h) Customs valuation
Question 82
WT/ACC/SAM/2 states Samoa intends to bring its system of valuing imports fully into
conformity with WTO provisions.  It also states that the Customs Act of 1977 has been amended
and regulations adopted which are based on the WTO Customs Valuation Agreement and that
copies of these have been supplied to the WTO Secretariat.
- We would appreciate receiving copies of both as soon as possible.WT/ACC/SAM/4
Page 29
- We also look forward to reviewing Samoa’s response to the questionnaire on customs
valuation, and to the draft of additional legi slation, which is reportedly in development,
that will bring Samoa’s system fu lly into line with WTO requirements.
Answer:
Copies of the Customs Amendment Act 1998 and Regulations were supplied to the WTO
Secretariat together with the Memorandum and a response to the questionnaire will be supplied as
soon as possible.
Please see the answer to the next question relating to additional legislation.
Question 83
We note the progress Samoa has already made by basing its laws on the WTO Customs
Valuation Agreement, but what further legislation does it plan to introduce, and within what
time scale?
Answer:
It is hoped to transfer the present WTO aligned customs valuation provisions into the
Customs Principal Act and to make any further adjustments necessary to bring these provisions fully
into compliance with WTO rules. A start has already been made on drafting the new legislation.
Another area of further legislative change is to review the Customs Principal Act and Regulations toprovide for better transparency and accountability and for conformity with WTO rules as part of
continuing reform measures.
Samoa is a least-developed country and these aims can only be realised if technical assistance is made
available to it, both to make the necessary chan ges in laws and regulations, and to provide the
necessary infrastructure and training of personnel for the implementation of the legislation. The timescale for these steps will inevitably depend on the response to our request for technical assistance.
Question 84
We note Samoa intends to introduce new customs valuation legislation in order to bring its
system fully into conformity with WTO req uirements.  Can Samoa advise the expected
timetable for introduction and implementation of this legislation?
Answer:
Please see the answer to the previous question.
(i) Other customs formalities
Question 85
Does Samoa require any sort of certification of customs documentation by consular officials in
the country of export?  If so, why, and what sort of fees are charged?
Answer:
NoWT/ACC/SAM/4
Page 30
(k) Application of internal taxes on imports
Question 86
Are Samoa's tariff surcharge and domestic ta xes (VAGST) applied in accordance with WTO
provisions?
Answer:
Samoa does not impose a tariff surcharge. The VAGST Tax is based on international
provisions especially those in operation in New Zealand and in that regard it can be assumed that the
Tax is in compliance with WTO Requirements.
Question 87
What is the economic justification for primary producers being exempt from payment of
VAGST?
Answer:
It should first be explained that only individuals who are primary producers are exempt from
payment of VAGST on their produce sold and that companies which are primary producers are
subject to the tax if they have an annual tur nover of SAT 52,000 (US$15,300) or more. Samoa is a
least-developed country and its small individual primary producers live mainly in subsistence
economy, where it is not practicable to collect tax, especially such a complex tax as value added tax.In any event, Samoa has removed support previously available to these producers, such as bonuses,
and cannot risk reducing still further the already low and precarious income of these producers.
Question 88
What is the economic justification for an excise tax on domestic appliances?
Answer:
Excise tax on domestic appliances was eliminated effective from May 1998.
Question 89
Please list the products subject to excise taxe s with their accompanying  rates for both imports
and domestic goods by HS item number.
Answer:
Please see attached extract from the customs tariff, which shows the rates of excise tax
applied to both imported and domestically produced goods, if any.WT/ACC/SAM/4
Page 31
Products (imported and domestically produced) subject to Excise Tax
HS No. Description Excise in SAT
2201 Waters, including natural or artificial mineral waters and
aerated waters, not containing added sugar or othersweetening matter nor flavoured; ice and snow:
Mineral waters and aerated waters:
2201.1010 - - Natural mineral or spa water SAT 0.30 per litre
2201.1090 - - Other S AT 0.30 per litre
2201.9000 Other SAT 0.30 per litre
2202 Waters, including mineral waters and aerated waters,
containing added sugar or other sweetening matter orflavoured, and other non-alcoholic beverages, not including
fruit or vegetable juices of 2009:
Waters, including mineral waters and aerated waters,
containing added sugar or other sweetening matter orflavoured:
2202.1010 - - Containing adde d sugar SAT 0.30 per litre
2202.1020 - - Containing other sweetening matter SAT 0.30 per litre
2202.1090 - - Other S AT 0.30 per litre
2202.9000 Other SAT 0.30 per litre
2203 Beer made from malt:
2203.0010 - - - Not exceeding 3% by volume of alcohol SAT 1.80 per litre
2203.1090 - - - Other SAT 1.80 per litre
2204 Wine of fresh grapes, including fortified wines; grape must
other than that of 2009:
Sparkling wine
2204.1010 --- Of an alcohol strength by volume of 15% or less SAT 3.60 per litre
2204.1090 - Other SAT 6.00 per litre
Other wine , grape must with fermentation prevented orarrested by the addition of alcohol;
In containers holding 2 litres or less:
2204.2110 --- Of an alcohol strength by volume of 15% or less SAT 3.60 per litrer
2204.2190 --- Other SAT  6.00 per litre
2204.2910 --- Of an Alcohol strength by volume of 15% or less SAT 3.60 per litre
2204.2990 --- Other SAT  6.00 per litre
2204.3000 - Other Grape Must SAT 3.60 per litre
2205 Vermouth and other wine of fresh grapes flavoured with
plants or aromatic substances:
In containers holding 2 L or less:
2205.1020 - - - Of an alcohol strength by volume of 15% or less SAT 3.60 per litre
2205.1090 - - Other S AT 6.00 per litre
Other:
2205.9020 - - - Of an alcohol strength by volume of 15% or less SAT 3.60 per litre
2205.9090 - - - Other SAT 6.00 per litre
2206.0000 Other fermented beverages (for example, cider, perry, mead);
mixtures of fermented beverages and mixtures of fermentedbeverages and non-alcoholic beverages, not elsewherespecified or included
2206.1010 - - - Of an alcohol strength by volume of 15% or less SAT 30 per L/a
2206.0090 - - - Other SAT 30 per L/a
2208 Undenatured ethyl alcohol of an alcoholic strength by
volume of less than 80% vol; spirits, liqueurs and otherspirituous beverages:
Spirits obtained by distilling grape wine or grape marc:WT/ACC/SAM/4
Page 32
HS No. Description Excise in SAT
2208.2010 - - Of an alcohol strength by volume of 30% or less SAT 7.50 per litre
2208.2020 - - - Of an alcohol strength by volume exceeding 30% but not
exceeding 57.12%SAT 12 per litre
2208.2090 - - - Of an alcohol strength by volume of 15% or higher SAT 24 per litre
Whiskies
2208.3010 - - Of an alcohol strength by volume of 30% or less SAT 7.50 per litre
2208.3020 - - - Of an alcohol strength by volume exceeding 30% but
not exceeding 57.12%SAT 12 per litre
2208.3090 - - - Of an alcohol strength by volume of 57.12% or higher SAT 24 per litre
Rum and tafia:
2208.4010 - - Of an alcohol strength by volume of 30% or less SAT 7.50 per litre
2208.4020 - - - Of an alcohol strength by volume exceeding 30% but
not exceeding 57.12%SAT 12 per litre
2208.4090 - - Of an alcohol strength by volume of 57.12% or higher SAT 24 per litre
Gin and Geneva:
2208.5010 - - Of an alcohol strength by volume of 30% or less SAT 7.50 per litre
2208.5020 - - - Of an alcohol strength by volume exceeding 30% but
not exceeding 57.12%SAT 12 per litre
2208.5090 - - 57.12% or more by volume of alcohol SAT 24 per litre
Vodka:
2208.6010 - - Of an alcohol strength by volume of 30% or less SAT 7.50 per litre
2208.6020 - - - Of an aocohol strength by volum,e exceeding 30% but
not exceeding 57.12%SAT 12 per litre
2208.6090 - - Of an alcohol strength by volume of 57.12% or higher SAT 24 per litre
Liqueurs and cordials:
- - Liqueurs
2208.7010 - - Of an alcohol strength by volume of 30% or less SAT 7.50 per litre
2208.7012 - - - Of an alcohol strength by volume exceeding 30% but
not exceeding 57.12%SAT 12 per litre
2208.7019 - - Of an alcohol strength by volume of 57.12% or higher SAT 24 per litre
- - Cordials:
2208.7021 - - Of an alcohol strength by volume of 30% or less SAT 7.50 per litre
2208.7022 - - Of an alcohol strength by volume exceeding 30% but not
exceeding 57.12%SAT 12 per litre
2208.7029 - - Of an alcohol strength by volume of 57.12% or higher SAT 24 per litre
- Other:
2208.9011 - - - Of an alcohol strength by volume of 30% or less SAT 7.50 per litre
2208.9021 - - - Of an alcohol strength by volume exceeding 30% but
not exceeding 57.12%SAT 12 per litre
2208.9099 - - - Of an alcohol strength by volume of 57.12% or higher SAT 24 per litre
2402 Cigars, cheroots, cigarillos and cigarettes, of tobacco or of
tobacco substitutes:
2402.1000 Cigars, cheroots and cigarillos, contai ning tobacco 160% or SAT 129.02 per kg or 1,000
sticks, whichever is the higher
2402.2000 Cigarettes containing tobacco 160% or, SAT 129.02 per kg or
1,000 sticks, whichever the higher
2402.9000 Other 160% or SAT 129.02 per kg or 1000
sticks, whichever is the higher
2403 Other manufactured tobacco and manufactured tobacco
substitutes; "homogenised" or "reconstituted" tobacco;tobacco extracts and essences:
Smoking tobacco, whether or not containing tobaccosubstitutes in any proportion:WT/ACC/SAM/4
Page 33
HS No. Description Excise in SAT
2403.1010 - - Twist or stick tobacco 160% or SAT 110.15 per kg,
whichever is the higher
2403.1090 - - Other 160% or, SAT 110.15 per kg,
whichever is the higher
8703.0024 Vehicles of a cylinder capacity exceeding 2,000 cm3 but not
exceeding 3,000cm320%  or SAT 2,400 per vehicle
8703.0025 Vehicles of a cylinder capacity exceeding 3,000cm320%  or SAT 2,400 per vehicle
Question 90
What domestic law(s) governs the levelling of taxes on imports and domestic goods?
Answer:
- Value added Goods and Services Tax Act 1992/93
- Excise Tax (Domestic Administration) Act 1984
- Excise Tax (Import Administration) Act 1984
- Excise Tax Rates Act 1984
- Excise Tax Rate Amendment Act 1988
- Excise Tax (Domestic Administration) Amendment Act 1998
Copies of these Acts are available through document WT/ACC/SAM/3.
Question 91
Please confirm that all domestic taxes levied on  goods are applied no less favorably to imports
than to similar domestically produced goods per Article III of the GATT.  Please list any cases
where such taxes are not applied to domestic articles while similar imports are assessed.
Answer:
All domestic taxes levied on goods are applied no less favourably to imports in accordance
with Article III of GATT 1994.
VAGST is levied at each stage up to the retail stage.
Excise taxes. Specific rates normally apply. Ad Valorem elements of import excise taxes are
levied on c.i.f. price plus any duty. Ad Valorem elements of excise taxes on domestically produced
goods are levied on the ex factory price.
Taxes are applied on a national treatment basis. See answers to previous Questions.
Question 92
Please indicate the point of sale, for both im ports and domestic goods, at which the VAT and
excise taxes are applied.
Answer:
See answer to previous Question.WT/ACC/SAM/4
Page 34
Question 93
Please confirm that imports from and exports to all countries receive identical treatment in the
application of domestic taxes in Samoa.
Answer:
It is confirmed that imports from and exports to all countries receive identical treatment in the
application of domestic taxes in Samoa.
Question 94
Is VAGST exemption applied with respect to the national treatment and MFN principles?
Answer:
It is Samoa’s understanding that its exemptions respect the national treatment and MFN
principles.
(l) Rules of origin
Question 95
Is Samoa prepared to implement the WTO Agreement on Rules of Origin from the date of
accession?
Answer:
It is Samoa’s intention to be in conformity with the provisions of the Rules of Origin
Agreement once it accedes to the WTO.
Question 96
WT/ACC/SAM/2 states that “Samoa does not require rules of origin because its trade measures
do not discriminate between goods of different origins.”  This would not appear to take into
account that Samoa requires certificates of origin for imports of goods covered by sanitary andphytosanitary requirements, and may, in the future,  need to determine the country of origin in
order to apply trade remedies, e.g., safeguar ds or countervailing duties, or other WTO
provisions.
Please confirm Samoa’s commitment to notify and implement regulations consistent with the
WTO Agreement on Rules of Origin prior to using any trade measure that requires
determination of origin for imports for eith er preferential or non-preferential trade, in
particular the procedural protections of the WTO Agreement on Rules of Origin, e.g., covering
the requirements of Article 2(h) and Annex II, paragraph 3(d), which require WTO members to
provide, upon request and prior to the time of importation, an assessment of the origin of the
import and outline the terms under which it will be provided
Answer:
The certificates required in connection with the implementation of sanitary and phytosanitary
measures are specific to that area and the rules of the SPS Agreement will apply to them – theseWT/ACC/SAM/4
Page 35
certificates must relate to the sanitary and phytosanitary characteristics of a region and must take into
account, for instance, the level of prevalence of specific diseases or pests.
Samoa can confirm that it will be prepared to abide by the provisions of the Agreement on
Rules of Origin when it is a member of WTO.
Question 97
Does Samoa intend to establish rules of origin?  Should such legislation be proposed, please
confirm that Samoa will submit it to the Working Party for review.  Please also confirm that
any legislation introduced will be in co nformity with the relevant WTO agreement.
Answer:
Any legislation will be in conformity w ith WTO provisions. See answers to previous
questions.
(m) Anti-dumping regime
Question 98
Samoa explains that there exists an anti-dumping law (the Customs Tariff Act), which is not in
accordance with the WTO Anti-dumping Agreemen t, but that no anti-dumping measures have
been taken and that the government has no intention to take such measures.  We consider that
all WTO Members should have an anti-dumping law which is consistent with the WTO Anti-dumping Agreement.  Does Samoa have any plan to amend its current anti-dumping law to
bring it into consistency wi th the WTO upon its accession?
Answer:
Samoa understands that, while the number of Governments using anti-dumping measures has
increased in recent years, there are still very many WTO Members which do not have anti-dumpinglegislation and do not use anti-dumping measures.  This is in part a reflection of the fact that it is very
difficult for small countries, particularly very small least developed countries such as Samoa, to use
such measures.  Samoa will look into this question when reviewing its Principal Customs Act (please
see answer to question 83).
Question 99
It seems to be an anomalous situation where Section 9 of the Customs Tariff Act of 1975
authorizes the imposition of anti-dumping duties but it is not consistent with the WTO Anti-
dumping Agreement.  We acknowledge that Samoa is prepared to give a commitment not to
impose anti-dumping duties.  In these circumstances Samoa should repeal this part of the
legislation or amend it so that it is WTO-co nsistent.  Is Samoa prepared to consider this?
Answer:
Please see the answer to the previous question.WT/ACC/SAM/4
Page 36
Question 100
We note that Samoa has no plans to use her WTO incompatible anti-dumping laws, but what
plans does Samoa have to amend these to comply with the WTO Agreement on Anti-Dumping,
and by when?  Or does Samoa intend to repeal the current laws, and under what timescale?
Answer:
Please see the answer to Question 98.
Question 101
WT/ACC/SAM/2 states that Section 9 of Samoa’s Customs Tariff Act of 1975 authorizes the
government to impose anti-dumping duties, that these provisions are consistent with the WTO
Anti-dumping Agreement, but that the government has not used and has no plans to use these
provisions.  It further states that Samoa has on countervailing or safeguard provisions in its
laws, and that it has no plans to use such measures.
- If Samoa has no plans to use such measures, how does Samoa intend to defend its
domestic producers against dumped, subsidized, or excessive imports that cause injury?
- Can Samoa confirm that it will not apply an y anti-dumping, countervailing or safeguard
measure until it has notified and implemented appropriate laws in conformity with the
provisions of the WTO Agreements on the Im plementation of Article VI, on Subsidies
and Countervailing Measures, and on Safeguards?
- Can Samoa confirm that after its WTO accessi on it will apply any anti-dumping duties,
countervailing duties and safeguard measures only in full conformity with the relevant
WTO provisions?
Answer:
Please see answer to Question 98. As stated above, Samoa is a very small least-developed
country. It produces very few products that might suffer injury. It is also a very small market – it has a
total population of 170,000 with an average income of approximately US$ 3 per day – and is isolated
in the South Pacific and is not a prime target for predators in the same way as larger countries.
Samoa can confirm that once it is a Member, its legislation on these areas will be in
conformity with WTO provisions and that any measur es it applies will be in full conformity with the
relevant WTO provisions. As mentioned in the previous answers under this heading, Samoa intends to
review its laws and regulations in this area. Its present view is that it will be extremely difficult for a
very small least-developed country such as Samoa to find the material and human resources necessary
to use the complex WTO provisions on anti-dumping, countervail or safeguard measures and that it
will need flexibility to use the tariff to provide protection where necessary.
(o) Safeguard regime
Question 102
Samoa explains that there is no safeguard law and that there is no plan to use safeguard
measures.  Does Samoa intend nevertheless to establish a safeguard law?WT/ACC/SAM/4
Page 37
Answer:
Please see answers to previous questions.
2. Export Regulation
(c) Quantitative export restrictions, including prohibitions, quotas and licensing systems
Question 103Please explain the reasons for the prohibition of raw logs. What is the process for reviewing this
prohibition.
Answer:
The prohibition on the export of raw logs was introduced to restrict logging of timber after the
two major cyclones in 1990 and 1991. It is necessary to control the indiscriminate logging and
exploitation of native timber affecting the environment and water catchment.
 The process for reviewing the Prohibition will be based on the replanting or reforestation
programs currently being implemented and monitored under the Forestry Division of MAFFM.  The
review will be done once the replanted tree-logs are ready or nearing maturity for harvesting or
felling.  The review will also include all sectors affected which include a wide range of issues such as
soil erosion effects, watershed catchment areas, water quality, agriculture and environmental issues.
Both Government and NGO’s will continue to monitor and feed back on the status of the
environment/ecosystems, water, soil and recovery of these resources.
Question 104
WT/ACC/SAM/2 states that Samoa prohibits the export of raw logs and live coral for
environmental reasons, and that the export of  kava planting material is also banned.
- Please describe the environmental reasons for which export of raw logs and live coral
are banned.  Please describe the domestic controls on the use of these items imposed in
parallel with the export controls for environmental reasons.
- Please explain the WTO justification for the ban on the export of kava planting
material, referring as necessary to the provisions of GATT Article XI and the WTO
Agreement on Agriculture to address the WTO consistency of the restrictions.
Answer:
Raw logs – please see the answer to the previous question.
Export of raw logs directly affects the over-logging of the already detrimental forest areas in
Samoa.  More soil erosion and water run-off is observed and most watershed areas have dried up due
to the logging activities.  The recovery of these areas can only be achieved by putting a ban on export
of raw logs, and hopefully, save a lot of areas from irreversible damage and long term deprivation of
these resources, for the generations to come.
Live coral – to conserve and prevent the destruction of one of Samoa’s few natural resources
and also to enable the long term sustainability of these fisheries resources. The extraction of any
material from the sea is controlled.WT/ACC/SAM/4
Page 38
The cyclones in 1990 and 1991 have dramatically damaged the coral reefs around Samoa.
The use of detrimental fishing practices such as dynamiting and poisoning in the past has also
dramatically depleted the inshore fisheries resources of Samoa.  The ban on export of live coral will
stop the complete destruction of our reefs and give it a chance to recover, and hence improve fisheries
resources for future generations to enjoy.  The ba n is implemented in parallel to village fishery
resource management plans to revitalise the inshore fisheries resources, and legislations on the use of
illegal fishing practices.
Lands Surveys and Environment Act 1989 – Sections 119 and 120 prohibits the removal of
coral from Samoa’s foreshore and coastal waters without the consent of the Minister.  Anyone who
does so commits an offence under section 122 and is liable to conviction or a fine not exceeding
SAT 5,000.  The Minister’s consent takes into account an assessment of the particular case of coral
removal if it will compromise the coastal environment, which in most cases it does.  In most casesconsent will be granted for export of coral only for scientific research which can be very minimal, and
not for commercial purposes.
In exercising the powers of the Department of Land Surveys and Environment Minister under
the above act, a public notice was published in all media in 2000, prohibiting any more exports of
coral.  To date this is still the applicable proc edures for any future exports.  Given the status of
Samoa’s coral reefs, and threats it is facing from destruction and contamination, it would be useful to
note that it may be unlikely in the future that co mmercial exports of coral (especially coral removed
while alive) will be opened up
Kava planting materials – to retain an essential national resource and the preservation of
cultural values.  The planting materials are essential for continuous distribution to farmers which is inhigh demand.  These restrictions are under review.
Question 105
What is the rationale behind the export ban on Kava planting material?
Answer:
Please see the answer to the previous question.
(d) Export licensing procedure
Question 106
WT/ACC/SAM/2 states that Samoan antiquities must be offered for sale before they are
exported.  How is this requirement enforced, e.g., is an export licence necessary to export
Samoan antiquities?
Answer:
Under the provisions of the Samoan Antiquities Ordinance 1954 approval can be obtained for
the export of antiquities or the Head of State may acquire antiquities for safe custody (subject to the
payment of adequate compensation).  All antiquities intended to be exported must first be offered for
sale to the Head of State for the benefit of the people of Samoa or otherwise it is illegal to export such
antiquities and there is a power of seizure by customs officers where antiquities are found to be in the
process of exportation without the requisite approval.WT/ACC/SAM/4
Page 39
Question 107
What is the process for an exporter reporting th e 'fob' value of their exports to the Central
Bank for statistical purposes.
Answer:
Exporters are required to complete, in four copies, a Customs Department Export Entry form
and an Export Form E (obtained from the Central Bank of Samoa) declaring the fob value of the
goods to be shipped. These export forms together with supporting documents (bill of lading/airway
bill and commercial invoice) must first be presented to the Central Bank of Samoa. This Form E will
be certified by the CBS prior to shipment aboard.
(f) Export financing, subsidy and promotion policies
Question 108
WT/ACC/SAM/2 states that Samoa’s export financing facility was abolished and that exporters
now have the responsibility of promoting and financing their own exports.
- Do local banks make financing available at market rates of interest?  Has the
government of Samoa undertaken to guarantee any of these loans or otherwise support
a market based financing system for Samoa’s exports?
- Can Samoa confirm that from the date of accession it will not maintain any export
subsidies which met a definition of a prohibited subsidy within the meaning of Article 3
of the Agreement on Subsidies and Countervailing Measures, and would not introduce
such prohibited subsidies from the day of accession?
Answer:
The local Banks provide financial facilities to exporters at the interest rates and compete
against each other in offering financial facilities. The government has not undertaken to guarantee any
of these loans to support exporters.
Samoa can confirm that from the date of accession it will conform to all the provisions of the
Agreement on Subsidies and Countervailing Measures and will not introduce such prohibited
subsidies from the day of accession?
(h) Import duty drawback schemes
Question 109
WT/ACC/SAM/2 reports that exporters are eligible to apply for a duty drawback from the
Customs Department, and that the relevant ensure  that only actual duties paid are reimbursed.
- Please indicate where these provisions are enacted in Samoan law, e.g., are the in the
Customs Law?
- Could Samoa elaborate on how the import duty drawback scheme operates?  What are
the conditions under which drawback is allowed?WT/ACC/SAM/4
Page 40
Answer:
Duty Drawback is generally approved in the case where Samoan made products (using
imported components) are directly exported by the manufacturer / producer, by way of trade. Duty
Drawback is subject to strict compliance requirements including prior notification,
inspection/examination, shipment and export certification, entry and claim. The principal provisionsgoverning duty drawback may be found in Customs Act 1977 Sections 166-168 and Customs
Regulations 1986 Regs 68-71.
Question 110
How does Samoa ensure that there is no import duty drawback claimed for products that have
been sold on the domestic market, rather than being sold for export.
Answer:
Shipments are inspected and certified at the time of export before claims are cleared for
drawback.  The Customs Law also lays down penalties for breaches on the Duty Drawback
Regulations.
3. Internal Policy Affecting Foreign Trade in Goods
- Industrial policy, including subsidy policies
Question 111Can Samoa advise whether there are any sectors where public sector enterprises are entitled to
receive subsidies or preferred credit arrang ements which provide them with advantages
compared with the private sector?  If so, what  are the arrangements and in which sectors does
this occur?
Answer:
This section relates to trade in goods. There are no sectors which have an entitlement to
receive subsidies or special credit arrangements.
For measures relating to trade in services, please see answer to Question 185.
Question 112
WT/ACC/SAM/2 describes a number of government objectives in developing its domestic
industry.  Can Samoa confirm that any programs that grant subsidies will be administered after
accession in line with the Agreement on Subsidies and Countervailing Measures and that all
necessary information on notifiable programs will be notified to the Committee on Subsidies
and Countervailing Measures in accordance with Article 25 of the Agreement upon entry into
force of Samoa's Protocol of Accession?
Answer:
Samoa can confirm that any programs that grant subsidies will be administered after
accession in line with the Agreement on Subsidies and Countervailing Measures and that all necessary
information on notifiable programs will be notified to the Committee on Subsidies and CountervailingWT/ACC/SAM/4
Page 41
Measures in accordance with Article 25 of the Agreement upon entry into force of Samoa's Protocol
of Accession.
(b) Technical regulations and standards, including measures taken at the border with
respect  to imports
Question 113Can Samoa please confirm that there are no req uirements within Samoa for imported goods to
meet quality, safety, environmental, labeling or other standards?  Can Samoa advise whether it
has plans to implement any such standards or regulations and, if so, whether Samoa intends to
adopt international sta ndards where these exist?
Answer:
Samoa can confirm that there are no requirements within Samoa for imported goods to meet
quality, safety, environmental, labelling or other standards.
Question 114
There is nothing in the WTO TBT Agreement that  requires Samoa to implement standards and
technical regulations where currently none ex ist. How will Samoa ensure that all future
standards and conformity assessment systems that it introduces will be consistent with WTO
requirements, including the establishment of a TBT enquiry point?
Please complete the Questionnaire on Technical Barriers to Trade in Annex 5 of WT/ACC/1.
Answer:
Samoa currently does not have any regulations or any legislation on TBT and is prepared to
accept a commitment to introduce measures dealt with in the Agreement on Technical Barriers to
trade in full conformity with the provisions of that  Agreement. This constitutes its reply to the TBT
Questionnaire. It is also prepared to designate an enquiry point.
Question 115
The WTO Agreement on TBT establishes fundamental rules and procedures regarding the
development, adoption, and application of voluntary standards, mandatory standards
("technical regulations"), and the procedures ("conformity assessment procedures") used todetermine whether a particular product meets such standards.
Fundamental obligations for WTO members include transparency and the assurance of non-
discrimination and national treatment for imported products in the development and
application of standards, technical regulations, and certification requirements.
It is also imperative for governments to establish a coordinated approach to the development,
adoption and application of standards, technical regulations and conformity assessment
procedures to ensure that all ministries, agencies, and private bodies involved in these activitiesare aware of the obligations and abide by them on an ongoing basis, when such measures are
applied.WT/ACC/SAM/4
Page 42
WT/ACC/SAM/2 states that "Samoa is a least-developed country and does not have the means
to maintain technical regulations or standards.  The sale of goods is a private contractual matter
between the buyer and seller."
- Please confirm that Samoa currently applie s no standards to imports nor to domestic
manufactures.
- Please confirm that there currently are no ma ndatory standards or technical regulations
enforced by the Samoan government either for imports or domestic goods.
- Has Samoa concluded any bilateral or multilateral agreements in any standards-related
areas? Is Samoa a signatory to any mutual recognition agreements/arrangements of
conformity assessment procedures?
- Is there any existing legislation or does Samoa plan to develop any legislation ensuring
non-discriminatory treatment for imported products in this area?
- Please confirm that if, in the future, Samoa should institute a system of controls and
rules regarding technical regulations, standards certification, and labeling
requirements, that it would apply it equally to imported and domestic goods; would not
use such regulations to restrict imports; and would ensure that its technical regulations,
standards, certification, and labelling requirements were not applied to imports in anarbitrary manner, in a way that discriminates between supplier countries where the
same conditions apply or as a disguised restriction on international trade.
- Please confirm that Samoa would ensure  that certification requirements are
administered in a transparent and expeditious manner, and would be willing to consult
with the WTO Members concerning the effect of these requirements on their trade witha view to resolving specific problems.
We would like to see this information regarding  these issued recorded in the draft Working
Party report and a commitment by Samoa concerning its application of the Agreement on
Technical Barriers to Trade now and in the future.
Answer:
Please see the answer to the previous question.
Samoa confirms that it currently applies no standards to imports nor to domestic
manufactures, that there currently are no mandatory standards or technical regulations enforced by the
Samoan government either for imports or domestic goods, that Samoa has not concluded any bilateral
or multilateral agreements in any standards-related areas and that Samoa is not a signatory to any
mutual recognition agreements/arrangements of conformity assessment procedures.
However, Samoa is prepared that if, once a WTO Member, Samoa should introduce a system
of controls and rules regarding technical regu lations, standards, certification and labelling
requirements, it will only do so in full conformity  with the provisions of the Agreement on Technical
Barriers to Trade. Samoa confirms that, once a WTO Member, it will conform to all the provisions of
the Agreement on Technical Barriers to Trade.
Question 116
What references does Samoa make to internat ional standards in its standards legislation?WT/ACC/SAM/4
Page 43
- Please confirm Samoa’s intentions to accede to the TBT. Please ou tline the steps being
taken to conform to this agreement and a timetable for their implementation.
- Could Samoa please provide an overview of regulations relating to different
products/products area?
- Are the standards used in Samoa voluntary or mandatory? If they are mandatory, could
Samoa please state the rational behind this?
- Does Samoa accept as equivalent certificates from third country certification bodies?
- Has Samoa developed a quality assurance system?
- Could Samoa please provide further information on this system or on any plans to
develop such a system?
Answer:
Please see the answers to the previous questions. Samoa understands that WTO Members
have no obligation to adopt measures dealt with in the Agreement on Technical Barriers to Trade.
(c) Sanitary and phytosanitary measures, including measures taken with respect to imports
Question 117
Regarding the special authorisation for import into Samoa by the Director coconut plants and
sugar-cane plants into Samoa, the Quarantine Advisory Committee shall makerecommendations.  Are the criteria for recommendation clearly stipulated?  If so, are they
publicised?
Answer:
Criteria for recommendations are mainly scientific.  Recommendations are based on pest and
disease risks and quarantine measures stipulated prior to importation.  The Quarantine AdvisoryCommittee comprises of Technical personnel, targeting mainly the protection of our borders from
unwanted pest, diseases and health risk elemen ts.  Recommendations are published in the local
newspapers.  Recommendations are also reported in the Annual Reports and Performance Monitoring
reports.
Question 118
Samoa states in the FTR that it recognises that legislation needs updating and that institutions
need strengthening to meet WTO requirements a nd that it is already taking steps in this
direction.  Could Samoa please advise the st eps taken to date, and projected timetable to
implement such legislation?
Under current legislation, import permits can only  be issued by the Director of Agriculture on
the recommendation of the Quarantine Advisory  Committee and  the principal veterinarian for
plants and plant products and animals and animal products.  Could Samoa provide the criteriaused to determine whether a permit will be issued?WT/ACC/SAM/4
Page 44
Answer:
Samoa is aware that it needs first to review its legislation, its institutions and its procedures in
order to identify what needs to be done:
- to ensure the compatibility of its legislation and its measures with the provisions of
the SPS Agreement,
- to build up the necessary local infrastructure and skills,
- to identify sources of assistance for each task, and
- to set a timetable for each of the steps that need to be taken.
As a least developed country, it has very meagre resources and requires technical assistance
for this purpose. It has approached possible sources of such assistance.
See answer to Question 121.
Question 119
What difficulties does Samoa anticipate in  complying with the WTO Agreement on SPS
Measures on accession?
Answer:
Please see answer to the previous question.
Question 120
WT/ACC/SAM/2 states that Samoa prohibits the importation of fruit from areas where
"harmful fruit flies" exist, unless authorized by the Director of Agriculture.
- Does this mean that Samoa recognizes pest free areas within countries, and would not
require total freedom from a pest throughout a country in order to accept imports from
a disease-free region?
- Please outline how the authorization of the Di rector of Agriculture is obtained in such
cases.
Answer:
Yes, Samoa recognises pest free areas within countries and would not require total freedom
from a pest throughout a country in order to accept imports from a disease free region.
Quarantine Advisory Committee advises the Director about the pest/disease situation of the
area from which the import is requested. In this brief, the Director is given a recommendation either to
approve or decline.
Question 121
WT/ACC/SAM/2 states that "other plants...or any animal feed grain or grain derivatives can
only be imported if a permit has first been obta ined from the Director of Agriculture," and that
a phytosanitary certificate from the exporting co untry is necessary as well for such shipments.WT/ACC/SAM/4
Page 45
- Please describe the criteria and procedures required to receive such a permit from the
Director of Agriculture, and the conditions under which it would be granted or denied.
- Please explain the nature of the phytosanit ary certificate requested and the basis upon
which it would be accepted.
- Please describe the current inspection process for imported goods?  Does it differ from
the inspection process for domestically-produced goods?
Answer:
The importer must furnish the following information:
- Nature of imports
- Country of Origin
- Supplier and overseas address
- Reasons for importation
- How much and how often
- Additional information if required
On the basis of the above, the Director can either approve or decline. There is also a need for
a regular review of the pest status in the country of origin.
Concerning the nature of the phytosanitary certificate and the basis upon which it would be
accepted depends on:
- Certification according  to conditions stipulated on the import permit
- signed and authorised by Government officials
The current inspection process for imported goods differs from the locally produced goods. If
the locally produced goods are for the local market there is no need to inspect. But if intended forexport then we inspect them bearing in mind the import health standards of the importing country.
For imported goods, we take a sample (600 units per consignment). For exported items it is
100 per cent.
Question 122
WT/ACC/SAM/2 states that Samoa recognises that  its legislation needs updating and that its
institutions need strengthening to meet WTO requi rements, and that it is already taking steps in
this direction but will not be able to complete the job without significant external assistance.
WT/ACC/8 contains a checklist that identifies specific provisions of the WTO Agreement on
Sanitary and Phytosanitary Measures, and seeks Samoa’s reporting of the legal and
administrative provisions in its own system that address these requirements.
- We request that Samoa complete this check list, noting those areas where its current
legislation meet WTO requirements, and noting areas where they do not.  We suggestthat Samoa indicate, at the same time, and with as much precision as possible, what
additional external assistance would be required to complete Samoa’s compliance.
- Has Samoa established an enquiry point with respect to SPS measures?WT/ACC/SAM/4
Page 46
- In what publication does Samoa announce changes or new laws?
- Please list the fees charged for required SPS procedures on imported products, with
specific attention as to whether these fees are specific or based on the value of the
import.
- Does Samoa recognize international sanitary and phytosanitary standards?  If so, how
is this demonstrated in the treatment of im ports?  Does Samoa reference international
standards in the preparation of regulations?
- What other country represents Samoa in the Codex Alimentarius Commission
(CODEX) and  the International Plant Prot ection Convention (IPPC).  Has Samoa
joined the Office of International Epizootics (OIE)?  If not, does it have representation
through another country?
- Does Samoa currently recognize the sanitary and phytosanitary regulations or
conformity assessment procedures of any other countries as equivalent to its own
requirements?  Does Samoa recognize conformity assessment procedures carried out by
bodies located in other countries provided they meet the same criteria as Samoa’s
authorities?
- We request that Samoa develop a plan of action to meet the key provisions of the SPS
Agreement in those areas where it does not appear that compliance with its provisions
currently exists.
Answer:
Samoa will complete the report on the points contained in WT/ACC/8 as soon as possible.
However, please also see the answer to Question 118.
Fees charged for required SPS on imported products are SAT 110.00 per annum for
commercial importers and SAT 5.00 per shipment for private importers.
Samoa is a member of the CODEX Alimentari us Commission but not IPPC and OIE but her
voice is heard through SPC and FAO.
There is a project to be funded by AUSAID to strengthen the Quarantine Service and
MAFFM is hoping that some help in terms of financing and expertise would be available to assist in
updating legislation and required facilities/equipment and training.
Question 123
Please confirm Samoa’s intentions to accede to the SPS Agreement.  Pl ease outline the steps
being taken to conform to this Agreement and a timetable for their implementation.
What criteria is used by the Director in authoris ing the import of plants on the prohibited list?
Is such criteria published?  How many such authorisations have been granted in each of thepast five years?
Answer:
Please see answer to Question 118.WT/ACC/SAM/4
Page 47
The criteria used by the Director in authorising the import of plants on the prohibited list
include:
- To be in tissue culture
- Be in sealed container
- Containers be sterile and visually clear for inspection
- Culture must be free of antibiotics and microbial suppressants
- Must be labelled with botanical name of plants
- Require Import Permit from Samoa and Health Certificate from country of origin.
Number of authorisations since 1995:  Bananas: 4 for different varieties
Number of authorisations since 1994: Taro: 7 for different varieties.
(d) Trade-related investment practices
Question 124
Can Samoa confirm  that it has no measures in place that conflict with the provisions of the
WTO Agreement on Trade-Related Investment Mea sures, and that it will not establish any in
the future?
Answer:
Samoa can confirm that it has no measures in place that conflict with the provisions of the
WTO Agreement on Trade-Related Investment Measures and that it is prepared to conform to
provisions of that Agreement when it becomes a Member.
Question 125
Does Samoa intend to notify any measures under the TRIMS Agreement?Please confirm that Samoa maintains no TRIMS Agreement inconsistent measures other than
those listed in the previous response?
Answer:
Please see the answer to the previous question.
(e) State-trading practices
Question 126
We note that in 1998 one private company was granted an exclusive five-year contract to supply
and distribute oil and petroleum products.  Can Samoa explain further the operations of the
corporation, and the steps that Samoa intend s to take when the contract expires in 2003?
Answer:
In 1998, the Government decided to rationalise the supply, terminalling and distribution of
petroleum fuel in Samoa. This was seen necessary because Samoa market is far too small for morethan one supplier (annual volume of around 60 million litres), as well as the substantial potential
efficiency gains envisaged to be generated as a result. As a result, the established oil companiesWT/ACC/SAM/4
Page 48
servicing the Pacific Island Countries were invited to tender for the work. The tender process was
structured as a non discriminatory competitive process and followed internationally accepted best
practices. The tender attracted four companies and after evaluation of the tenders and further
consultation /clarification with the tenderers, Mobil was considered the most competitive. Hence the
contract to supply, terminal and distribute petroleum fuel in Samoa for five years was awarded toMobil.
When Mobil’s contract expires in 2003, the whole process of competitive bidding for the
supply, terminalling and distribution will again be conducted. It is considered that through the
competitive bidding process, Samoa stands to gain through competitive pricing as well as a better
service.
Question 127
WT/ACC/SAM/2 lists, in Section II 2 (a), public corporations and enterprises currently wholly
or partially owned by the state.  In section IV:3(e) it states further that of those that trade in
goods none are state trading enterprises in th e sense of the Uruguay Round Understanding of
Article XVII of the GATT 1994, in that they have not been granted a monopoly or any special
privileges that would enable them to influence imports or exports.
- What are the economic activities of the Agriculture Store Corporation?  Does it engage
in trade?
- Have the enterprises wholly or partially owne d by the state listed in section II:2(a) or
any other enterprises (e.g., private or “corpora tized”  like Communications, Ltd.), been
granted a production, trade, or service monopoly by the Government of Samoa?
- Please identify the private company that wa s granted an exclusive five-year contract in
1998 to supply and distribute oil and petroleum products.   Please indicate why this
enterprise would or would not meet the criteria of Article XVII and the Understanding
as a state trading enterprise.
Answer:
This section deals with trade in goods: see the section on trade in services for corresponding
information.
The Agricultural Store Corporation’s principal activity is to sell or hire to persons engaged in
these industries chemicals, tools, equipment, seeds and other supplies used in such industries. The
Corporation has also been involved in growing and selling bananas. These have been exported as well
as sold locally. However, this project has been making losses over the years and the Corporation is
now moving out of this in order to concentrate on its main activities as explained above.
Please see answer to the previous question for information relating to the distribution of
petroleum fuel.
No enterprise wholly or partially owned by th e state that deals in goods has been granted a
production or trade monopoly by the Government.WT/ACC/SAM/4
Page 49
(f) Free zones
Question 128
Please confirm whether or not any free zones existing now or established in the future will be
fully subject to the coverage of Samoa’s commitments as a WTO member.
Please indicate whether or not goods produced or imported into free zones under the special tax
and tariff regimes envisaged for these zones woul d be subject to normal customs formalities,
taxes and tariffs when entering the rest of Samoa.
Answer:
Samoa can confirm that any free zones or free economic zones within its territory will be
fully subject to the coverage of its WTO commitments. Also, goods produced or imported into Free
Zones under special tax and tariff regimes would be subject to normal customs formalities, taxes and
tariffs when entering the rest of Samoa.
Question 129
What incentives does the government offer to fore ign and domestic investors to operate in the
industrial parks?
Answer:
There are no more incentives available to any domestic and foreign investors operating in the
industrial parks.
Question 130
Can Samoa provide information please on the co nditions applying to goods imported into the
Samoan domestic market from the industrial parks (e.g. are import duties collected on such
imports)?
Answer:
The Industrial park/zone comprises of land made available by Government, on a lease basis,
for the setting up of businesses for both local and foreign investors. There are no requirements or
conditions for the zone as it is in some other countries.
(g) Free economic zones
Question 131
What is the process for businesses locating in the industrial parks, and what are the differences
in this process for foreign and domestic businesses.
Answer:
Businesses which require land at the Industrial Park apply to the Samoa Land Corporation for
a plot of leased land. The duration of such leases is usually 20 years with the right of renewal for
another 20 years. Both foreign and local investors are treated equally.WT/ACC/SAM/4
Page 50
Question 132
Is there national treatment and MFN treatment for exemption from payment of import duties
on inputs, and payment of company taxes, and what is the quantum of revenue forgone.
Answer:
None.
Question 133
What are the performance requirements for companies in the zones (such as pre-defined
destinations, compulsory domestic quotas and prices, etc)?
Answer:
None.
Question 134
Concerning the two industrial parks situated abou t five kilometres east and west from Apia,
Samoa identified these zones as part of its industrial policies, and that businesses locating in
these parks are exempt from payment of import duties on their inputs and from company taxes.
- Please identify and supply for Working Party review the legislation establishing these
zones.
- What are “company taxes”.  Are these income and profit taxes?  Is output from firms
located in the zones subject to VAT or excise ta xes if it is exported?  If it is resold back
into the Samoan market?
- What criteria are applied in evaluating app lications for investment in the zones?  Are
firms locating in the zones expected to export ?  Typically, what part of the output of a
firm located in the zone is exported?
- Please describe in general terms the terms under which a firm can sell its output back
into the Samoan market.
Answer:
Please see answers to previous questions.
Company taxes are income taxes paid by companies incorporated in Samoa, based on their
taxable income at a rate of 29 per cent per annum.
The outputs from these firms located in the zones are all subject to VAGST at 10 per cent.
However, when these outputs are exported they are not required to charge VAGST at 10 per cent but
at 0 per cent, meaning they are zero-rated supplies. The intention of zero-ratin g is to maintain their
overseas competitiveness and not to penalise exports.WT/ACC/SAM/4
Page 51
(l) Government procurement practices, including general legal regime and procedures for
tendering, dealing with tenders and award of contracts
Question 135
WT/ACC/SAM/2 states that the “Treasury Sto res facilitates procurement of all government
requirements.  The goods are provided by local suppliers unless such goods are more effectivelysupplied by an overseas supplier.”
- Can Samoa confirm that its government discriminates in favor of domestic suppliers in
its government procurement?  Please describe the methods used, e.g. points, value
differential, absolute preference, etc., used to give Samoan suppliers preference in
government procurement.
- Does Samoa plan to join the WTO Government Procurement Agreement upon accession
to the WTO?
Answer:
At present the Government only discriminates in favour of domestic suppliers in its
Government Procurement if contracts are valued at less than SAT 20,000. However, in cases where
goods are not available locally, Departments may select overseas suppliers. The domestic or local
suppliers are normally referred to as local importers who normally procure products from overseas.
The method used for procurement of goods and services are specified in the following table:
Value of Order Method of Procurement
(i) Low Value Order (< SAT 5,000) verbal quotes
(ii) Higher Value Orders (>SAT 5,000 and SAT 20,000) written quotes with a thorough analysis by Depts
(iii) Value of Procurement is significant (>SAT 20,000) tender procedures which include international
bidders
Analysis of tenders at stage (iii) should include technical, financial, environmental, legal
advice and should comply with internationally accepted bidding procedures.
Only a relatively small number of WTO Members participate in the Government Procurement
Agreement (GPA). Samoa would not be able to bid for the large contracts covered by the GPA and
very few of its own government contracts, if an y would be covered as they would be under the GPA
thresholds. Most of its large aid contracts are, in any case, covered by the procurement rules of the
organisations concerned. Samoa does not intend to join the GPA.
Question 136
We would appreciate further information on the tendering practices of the Samoan
government.  Can Samoa advise whether all government tenders are advertised, quotes
obtained and considered?
Answer:
Please see answer to the previous question.WT/ACC/SAM/4
Page 52
Question 137
We understand that consideration is being given to modifying current procurement procedures
and amending the Public Monies Act.  Can Sa moa advise the nature of proposed changes to
current procedures?  Does Samoa have in place (or intend to put in place) requirements which
favour domestic suppliers over foreign suppliers?
Answer:
The Public Money Act was revised mainly to be consistent with the reforms currently being
administered. In the case of procurement, the Act makes it a requirement to follow procurement
procedures in the relevant regulations. The proposed procurement policy and procedural manual
which has not yet been approved for general use, sets out domestic preference margins of 15 per cent
which shall apply to all international offers.
Question 138
Can Samoa advise whether there is an appeals mechanism whereby a review of decisions in this
area can be sought?
Answer:
There is no appeal mechanism for review of decision. However, the bidders are present when
the tenders are opened and are subject to a detailed explanation of this bid.
Question 139
Does Samoa intend to join the Government Procurement Agreement?
Answer:
Please see the answer to Question 135.
4. Policies Affecting Foreign Trade in Agricultural Products
Question 140
We note that Samoa has indicated that export subsidies are no longer granted on exports.  It is
our expectation that Samoa will bind its agricultural export subsidies at zero in both volume
and value terms.  Can Samoa confirm that this will be the case?
Answer:
Samoa will submit their WT/ACC/4 tables which deal with both domestic support and export
subsidies. It is anticipated that Samoa’s commitments will be discussed in the Working Party.
Question 141
Samoa should submit the WT/ACC/4 domestic support to agriculture and export subsidy
schedule as soon as possible.
Answer:
Please see the answer to the previous question.WT/ACC/SAM/4
Page 53
Question 142
Please provide the information requested in WT/ACC/4 on domestic support and export
subsidies.
Answer:
Please see the answer to Question 140.
(a) Imports
Question 143
WT/ACC/SAM/2 states that Samoa imports sugar from Fiji under the Long Term Regional
Sugar Agreement.  This Agreement sets prices a nd quantities for sales of sugar by Fiji to the
other parties to the agreement, which includes Kiribati, Solomon Islands, Tonga, Tuvalu and
Samoa. The Agreement contains a provision that all sugar bought under the Agreement shall be
used only in the Island importing countries and shall not be re-exported, (apart from Samoa'straditional supply of sugar to Tokelau).  The quantities specified are only indicative and do not
constitute obligations either to buy or to sell – in  some years, for instance, Fiji has not been able
to provide the specified quantities.  In the past  the Agreement has traditionally been negotiated
for a term of three years at a time, with a review and extension at the end of that period.
- Does Samoa freely import sugar from any source willing to sell, or is it obligated or
encouraged under the Agreement to purchase its share of “regional” sugar first?
- How is the Agreement administered?  Is licensing necessary for Samoan sugar imports
or exports?
Answer:
Under the Regional Sugar Agreement, Samoa is allocated a sugar quota for the current sugar
year. However, importers during the life of the Agreement are still free to source sugar from
elsewhere.
No licence is required. Under the agreement sugar is sold by an agent appointed by the party
for the duration of the agreement (3 years) on a commission basis.
The Forum Secretariat plays a facilitating role  in administering the agreement. Firstly, to
appoint by tender in consultation with parties to the Agreement, an agent to purchase and export sugar
from Fiji on behalf of the purchasers; secondly, to facilitate all consultation between all parties under
the Agreement.
Other Forum Island Countries that may wish to become a party to the RSA shall apply
through the Forum Secretariat, which shall in turn seek the unanimous agreement of all parties.
Individual quotas requested by sugar importing parties to the agreement are monitored on a
three-monthly basis. At the end of the first six months, in situations where there has been an under-utilisation of quota, consultations are to take place between concerned parties within two weeks,
which may result in reduction in their second half-year quotas to reflect actual uptake levels.WT/ACC/SAM/4
Page 54
In the event that additional quota is required, individual parties could also request
consultations prior to the end of the first six months with a view to utilising quota which other parties
have agreed that it would be excess to their requirements.
Note: The Regional Sugar Agreement is currently suspended due to the low supply of sugar
from Fiji.
(b) Exports
Question 144
WT/ACC/SAM/2 states in this section that “export subsidies are no longer granted on exports.”
Please confirm that Samoa will not record export  subsidies in its agricultural country scheduled
and that it will bind agricultural export subsidies at “ zero” in its goods market access schedule.
Answer:
Please see the answer to Question 140.
Question 145
Is Samoa prepared to give a commitment that ex port subsidies will not be introduced in the
future?
Answer:
Please see the answer to Question 140.
(e) Internal policies
Question 146
Could Samoa indicate when the agricultural s upporting tables referred to in WT/ACC/4 are
likely to be submitted?
Answer:
Please see the answer to Question 140.
Question 147
Please provide details of the structural adju stment programmes for farmers, the subsistence
farming programme, and the European Union STABEX fund uses.
Answer:
Stabex Funds are part and parcel of the total Government budget and such funds are
distributed to the various sectors of the economy according to Government priorities.
There are no structural adjustment and subsistence farming programmes for farmers.WT/ACC/SAM/4
Page 55
5. Policies Affecting Foreign Trade in other Sectors
(a) Textiles regime
Question 148
Does Samoa export textiles or apparel?  What is the scope and nature of Samoa’s domestic
production of textile and apparel products.
Answer:
Samoa has a very small textiles and apparel industry with only one exporting company. There
is still a lot of potential for the industry to be fully developed locally and foreign investors are very
much encouraged to consider investing in such an industry in Samoa.
V. TRADE-RELATED INTELLECTUAL PROPERTY RÉGIME
1. General
Question 149Part III (Articles 41 to 61) of the TRIPS Agreement stipulates that Members shall establish a
system in relation to the exercise of intellectu al property rights, etc.  What is the current
situation in Samoa to accommodate these obligations in Samoa?  Please indicate the relevant
laws.
Answer:
At present enforcement occurs when the right ho lder files a suit or a claim in the Supreme
Court for an infringement of IP rights. The proposed amendments to the existing IP laws will include
enforcement provisions and other measures to overcome any infringement acts against the rights of
right holders.
Question 150
Section IV:1(e) of WT/ACC/SAM/2 (Quantitative import restrictions) states that “goods that
infringe trademark and copyright laws” are prohibit ed from importation.  Does this prohibition
extend to imported goods that infringe patents?
Answer:
At present, imported goods that infringe patents may not be prohibited from importation.
Question 151
Please confirm Samoa’s intentions to accede to the TRIPS Agreement.  Please outline the steps
being taken to conform to this agreement and a timetable for their implementation.
Answer:
The TRIPS Agreement is not an autonomous agreement. Samoa intends to accede to WTO.
This said, Samoa is in the process of bringing its IP legislation into conformity with WTO provisions.
It is receiving some technical assistance in this re gard from WIPO but will require more to complete
the necessary changes to its laws and regulations, to put in place the human and material resourcesWT/ACC/SAM/4
Page 56
necessary to implement the legislation. The timetable for this will depend largely on the availability of
such assistance.
Question 152
Is the protection of folklore in Samoa under the Copyright Act consistent with TRIPS Article 3
on National Treatment (i.e. is folklore protec tion under the Copyright Act equally available and
applied to both nationals and non-nationals)?
Answer:
The protection of expressions of folklore may extend to include those of non-nationals.
Where Samoa is party to an international treaty in respect of Copyright and Related Rights, the
provisions of the International treaty shall apply to all matters dealt with in Samoa’s Copyright Act
1998.
Question 153
We welcome amendment to Samoa’s copyright legi slation.  What is the likely timetable for
Samoa’s completion of proposed amendments to the Trademarks Act 1972, the Industrial
Designs Act 1972 and the Patents Act 1972?  How does it compare to the implementation
timetable available for existing least-developed country members under TRIPS Article 66.1?
Answer:
The WIPO has already indicated that it will offer technical assistance to amend the existing
Trademarks and Patents Legislation to make these consistent with the TRIPS Agreement. Samoa
hopes to apply the provisions of the TRIPS Agreem ent within the time peri od laid down for least-
developed countries in Article 66:1 of the Agreement.
Question 154
What, if any, changes are planned for the judicial and administrative systems to give effect to
the enforcement provisions of TRIPS?
Answer:
Some of the changes which are envisaged and in the pipeline include the computerisation of
IP; which may eventually lead to filing of applications electronically. The establishment of acollecting society to enforce the rights of Copyright holders is also envisaged. The amended
legislation will also include provisions on the enforcement of rights of proprietors of IP.
Question 155
Could Samoa provide information on the operating principles and practices of the registry for
patents, copyright, trademarks and industrial designs?
Answer:
Patents:
Application for patent should be filed with the IP Registry of the Justice Department. The
application should contain a description of the invention as well as the disclosure of the best methodWT/ACC/SAM/4
Page 57
of performing the invention known to the inventor. The application should contain claim or claims
that defining the scope of the invention.
A search and examination of the patent application will be undertaken. Whilst awaiting  the
outcome of the examination, the proprietor may apply for a provisional certificate to protect his
invention. This provisional certificate is issued by the Attorney General’s Office and is valid fortwelve months. A letters patent will be granted by the Registrar of patents following the success of the
patent application. Patent protection is valid for twenty years.
Trademarks:
Application for a trademark is filed with the IP Registry of the Justice Department. Upon
receipt of the application a search and examination will be carried out and the proprietor will be
advised whether the trademark is accepted for registration or declined. If the trademark is accepted for
registration then the same will be advertised in the Government newspaper. Any objections to the
registration of a mark being advertised should be submitted to the Registrar of IP within three months
from the date of advertisement. The Registrar IP w ill notify the proprietor of the objection to the mark
which was advertised, and the Proprietor should provide a counter statement within three months from
the date of receipt of notice. Upon receipt of any counter statement to the objection the Registrar will
then decide whether the mark is accepted for registration or otherwise. If there are no objections to thetrademark which was advertised, then the mark will be registered. Trademark registration is valid for
fourteen years and is subject to renewal upon application.
Industrial Designs
Application for registration of industrial designs shall be made to the Registries of IP, Justice
Department. The application should include a specimen of the object incorporating the industrialdesign or a photographic or graphic representation of the industrial design. It should also include an
indication of the kinds of products for which the i ndustrial design will be used. Where the applicant
wishes to claim a right of priority of an earlier application and the country in which it was filed. The
duration of registration of an industrial design is five years from the date of filing and maybe renewed
for two further consecutive periods of five years.
Copyright
Copyright protection is granted to literary and artistic work once they are created. Protection
is also granted to performers, broadcasters and sound recorders. The term of protection is life of the
author and 75 years after his death. Samoa has yet to establish a collection societies to administer the
rights of authors.
Question 156
What are Samoa’s areas of priority for TRIPS-related technical cooperation?
Answer:
Areas of priority include the updating of Samoa’s Trademarks, Patents and Industrial Designs
Acts, as well as training/attachments for technical staff in IP Offices of neighbouring developed
countries. In addition, there is also a need to carry out training and awareness programmes for the
public.WT/ACC/SAM/4
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Question 157
To what extent does existing background law in  Samoa, including common law if relevant,
provide a mechanism for implementing elements of the TRIPS agreement?  For example,
concerning protection of undisclosed information under the law of confidentiality; protection of
unregistered trade marks and geographical indications through laws on passing off, consumerprotection, labeling and the like; and availability of enforcement measures?
Answer:
Existing laws in Samoa do not appear to provide a mechanism for the implementation of the
TRIPS Agreement.
(a) Intellectual property policy
Question 158
What are the objectives, process and timeframe for making the Trademarks and Patents
legislation consistent with the TRIPS Agreement?
Answer:
The Trademarks and Patents Legislation will be amended so that they are consistent with the
TRIPS Agreement. WIPO was requested to assist in updating Samoa’s existing legislation and
consequently a WIPO consultant visited Samoa in December 1999 to assess the existing IP regime.The WIPO had also indicated that it will offer technical assistance to amend the existing Trademarks
and Patents Legislation so that these are consistent with the TRIPS Agreement.
Question 159
Please confirm that Samoa intends to fully implement the WTO Agreement on TRIPS, and give
some indication of how long Samoa believes this will take.
Answer:
Please see answer to Question 153.
Question 160
We request that Samoa supply the Working Party with copies of its legislation on Intellectual
Property protection for review, including:
- Trademarks Act 1972
- Industrial Designs Act 1972
- Patents Act 1972
- Copyright Act 1998
and any amendments.
Answer:
These Acts were supplied to the WTO Secretariat together with the Memorandum for
consultation by delegations. There have been no amendments.WT/ACC/SAM/4
Page 59
Question 161
We suggest that Samoa fill out the checklist on TRIPS conformity contained in WT/ACC/9
based on its draft IPR legislation in preparation, to help Working Party members in their
review and to help Samoa take note of specific provisions that require implementation.
Answer:
Samoa will provide this as soon as possible.
(b) Responsible agencies for policy formulation and implementation
Question 162
Please indicate the government agencies that a re responsible for providing intellectual property
protection in Samoa.
Answer:
The Justice Department
(c) Membership in international intellectual property conventions and regional or bilateral
agreements
Question 163
WT/ACC/SAM/2 states that Samoa has joined WIPO and intends to become a member of the
Berne Convention for the Protection of Literary and Artistic Works.
- Where is Samoa in this process?
- Has Samoa considered membership in the Madr id Agreement, the Paris Convention, the
Rome Convention, the Patent Cooperation Treaty, the WIPO Copyright and
Phonograms Treaties, and the Internationa l Convention for the Protection of New
Varieties of Plants?
- Will Samoa also join the Geneva Phonograms Convention and the Brussels Satellite
Convention?
Answer:
Samoa may accede to the Berne Convention prior to becoming a member of the WTO.
Samoa is yet to consider whether to be party to other conventions currently administered by the WIPOespecially The Patent Cooperation Treaty and the International Convention on the Protection of New
Varieties of Plants.
(d) Application of national and m.f.n. treatment to foreign nationals
Question 164
Please indicate any agreements or legal impedi ments to granting national and MFN treatment
in intellectual property protection to foreign nationals.WT/ACC/SAM/4
Page 60
Answer:
Some of the legal impediments include differences in fees and charges for registration of IP.
(e) Fees and taxes
Question 165
Please provide a copy of the revised schedule of fees for trademarks, industrial designs and
patents registration that came into effect on 1 July 1998.
Answer:
Refer to schedule of fees and charges in document WT/ACC/SAM/4/Add.1.
2. Substantive standards of protection, incl uding procedures for the acquisition and
maintenance of intellectual property rights
(a) Copyright and related rights, including rights of performers, producers  of  phonograms
and broadcasting organizations
Question 166
We would appreciate an opportunity to review the Copyright Act of 1998 which Samoa states
implements the provisions of the WTO Agreement on TRIPS.
Answer:
The Act was provided to the WTO Secretariat with the Memorandum for consultation by
delegations
(b) Trademarks, including service marks
Question 167
The service marks stipulated in the TRIPS Agreement (Article XV.1) seem not to be protected.
Does Samoa intend to establish a regime for protecting trademarks in the future?
Answer:
At present service marks are not protected, however Samoa’s Trademarks Act will be
amended and service marks will be one of the areas of intellectual property which will definitely be
granted protection under the amended Trademarks Act.
(c) Geographical indications, including appellations of origin
Question 168
Article XVI.2 of the TRIPS Agreement contains certain provisions for well-known marks,
obliging Members to establish a regime to pr otect them.  Has such a regime already been
established or not?  If so, please indicate the relevant law.WT/ACC/SAM/4
Page 61
Answer:
Some well known marks are currently being protected under the provisions of the existing
Trademarks Act 1972, however the proposed amendmen ts to Samoa’s Trademarks Act will include an
explicit provision on the protection of well known marks.
(e) Patents
Question 169
With regard to patents, Article XXXIII of the TRIPS Agreement stipulates that the term of
protection available shall not end before expiration of a period of twenty years as of the filing
date.  According to the first sentence of the thir d paragraph of sub-section (d), “Investors shall
be entitled…  for a period of 16 years from the date of issue of a letters patent”.  This is
inconsistent with the TRIPS Agreement as the term of protection available expires after 16
years thus falling short of the twenty years-period stipulated above.  Does Samoa intend toamend its law?
Answer:
Samoa will also amend the existing Patents Act 1972 so that it conforms with the TRIPS
Agreement. Technical assistance is currently being sought to assist in the above amendments.
(f) Plant variety protection
Question 170
It seems that “geographical indications”, “pla nt varieties”, “non-biological processes” and
“microbiological processes” are not protected, ev en though they should be protected under the
provisions of the TRIPS Agreement.  Does Samoa intend to establish a system for protecting
these aspects in the future?
Answer:
As Samoa is working on amending the existing IP Legislation other aspects of IP such as
geographical indications, protection of plant varieties non biological processes and micro biological
processes will also be protected under the amended legislation.
(g) Layout designs of integrated circuits
Question 171
Although Samoa’s copyright law appears to comply with the TRIPS Agreement, we note that
there is currently no protection provided for the layout of integrated circuits.  What plans does
Samoa have to comply with Articles 35-38 of TRIPS by implementing such protection, and by
when?
Answer:
Samoa plans to bring its legislation on IP updated prior to becoming a member of the WTO.WT/ACC/SAM/4
Page 62
The WIPO was requested to assist in the review and update of Samoa’s legislation so that
these are in line with the provisions of the TRIPS Agreement.  The existing legislation was provided
to the WTO Secretariat with the Memorandum for consultations by delegations.
(h) Requirements for undisclosed information, including trade secrets and test data
Question 172We look forward to reviewing the Trademarks Act 1972, the Industrial Designs Act 1972 and
the Patents Act 1972, and the amendments Samoa ha s stated that it needs to bring these laws
into line with the provisions of the WTO Agreement on TRIPS.
WT/ACC/SAM/2 states that geographical indications, including appellations of origin; plant
varieties, non-biological processes and microbiol ogical processes; layout designs of integrated
circuits; and undisclosed information and trade secrets are not currently protected in Samoan
law.
- Is legislation to address these deficiencies in development?
- To ensure that Samoa’s laws are compliant at  the time of accession, they should be
circulated as soon as possible to the Working Party for review and comment.
Answer:
Samoa’s existing legislation was provided to the WTO Secretariat with the Memorandum for
consultation by delegations.
Please see Answer to previous Question
3. Measures to Control Abuse of Intellectual Property Rights
Question 173
What measures are currently taken to prot ect intellectual property rights in Samoa.
Answer:
Please see answer to Question 149.
4. Enforcement
Question 174
In implementing its intellectual property regime , especially those instruments relating to its
WTO commitments, what will be the process for providing the necessary training for
enforcement officers, judges and technical staff?
Answer:
The Justice Department conducted national training and awareness programmes on
Intellectual Property, assisted by the World Intellectual Property Organisation. The technical staff
have utilised the training offered by the WIPO and other international organisations. WIPO and other
organisations also conduct training for enforcement officers and judges.WT/ACC/SAM/4
Page 63
Question 175
Please cite the provisions of law in Samoa that  implement the enforcement provisions of Part III
of the WTO Agreement on TRIPS.
Answer:
As previously stated in other replies, the IP legislation will be reviewed and updated to
include enforcement measures required to protect the right of right holders.
Question 176
Please describe the structure of the judicial and administrative procedures in Samoa in which
parties can enforce their intellectual property rights.
Answer:
Please see answer to Question 149.
(d) Any special border measures
Question 177
Please describe in the authority of Samoan Cust oms officials to prohibit importation of goods
violating copyright and trademark property ri ghts, as indicated in section IV:1(e) of
WT/ACC/SAM/2, and indicate how right holders ca n obtain relief through the exercise of that
authority.
Answer:
There is no authority conferred on Customs officials to prohibit importation of goods
violating Copyright and Trademark property rights.
VI. TRADE RELATED SERVICES REGIME
1. General
Samoa intends to present an initial offer because it wishes to demonstrate its firm intention to
enter into negotiations for commitments on trade in services that will promote its economic
development.
Samoa is, however a least-developed country and its services sector is largely unregulated or
regulated by legislation is well out of date. It has begun to review its regulations in order to identifythose that are relevant to negotiations on services in WTO, those that will require amendment and
those that will require supplementing. It has supplied the factual information so far collected in its
Memorandum and in this Question and Answer docum ent (which amends information given in the
Memorandum in certain respects). It is checking th is and intends to present a document in answer to
the request in WT/ACC/5 consolidating available factual information relevant to the General
Agreement on Trade in Services. However, it will need technical assistance in order to carry out these
tasks and, if necessary, to revise its initial offer.WT/ACC/SAM/4
Page 64
Question 178
Can Samoa advise whether there are any requireme nts that restrict participation in specified
business activities to Samoan nationals, or wh ether there is any consideration being given to
introducing such a list of reserved activities?  If so, could details be provided please.
Answer:
The Foreign Investment Act 2000 regulates 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
promulgated under the Act creates a Reserved List of activities which are exclusively reserved for
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 fromoverseas; or a restriction on the minimum or  maximum quantum of foreign investment.
The Act lists those type of businesses that are reserved for domestic investors which include,
retailing, sawmilling and public transportation. A copy of the Foreign Investment Act 2000 is being
supplied to the WTO Secretariat.
Some restrictions apply to specified business activities. Please see answers to the following
questions.
Question 179
Please describe the plan, including timeframes, for developing a services schedule of
commitments.  How will Samoa ensure that commitments under its trade-related services
regime are published or made publicly available?
Answer:
Samoa will soon present initial offers for Services and looks forward to beginning to
negotiate with WTO Members. As negotiations proceed, it will examine exactly how the results of
these negotiations are published.
Question 180
How will Samoa ensure that service suppliers have access to information on regulatory and
administrative decisions, and to judicial a nd administrative review and appeals processes?
Answer:
The service providers alongside other private sector businesses are involved in the
development of regulations, administrative decisions etc through Government engaging in
consultations with the private sector on any matter which may impact the industry.
Question 181
Samoa states that many service sectors are presen tly subject to little specific regulation, while
authorities are determining what furt her regulation will be necessary.WT/ACC/SAM/4
Page 65
- Please provide more information about this process and how the Government of Samoa
envisions developing a framework for regulating services sectors in conformity with
WTO obligations.
- In this regard, has Samoa begun work on WT/ACC/5, Information to be Provided on
Policy Measures Affecting Trade in Services?  If not, we would encourage theGovernment of Samoa to begin work on this document and hope that it will cover key
sectors such as banking and insurance, prof essional services, telecommunications, audio
visual services, health and social services, transportation and courier/express delivery
services.
Answer:
Samoa looks forward to negotiations on its specific commitments on services, which will
assist it to define any further regulations necessary.
Samoa will provide available information in response to WT/ACC/5 as soon as possible.
Question 182
Samoa is requested to provide the Working Party, as soon as possible, with a substantial initial
offer on services in the GATS framework, binding liberal market access conditions and national
treatment guarantees on an MFN basis for foreign service suppliers.
Answer:
Please see answer to Question 179.
2. Policies Affecting Trade in Services
Question 183
With regard to provisions governing the existe nce and operation of monopolies or exclusive
service providers, WT/ACC/SAM/2 states that these prevail only the oil and petroleum
distribution and telecommunications sectors.  However, the submission also lists enterprises
wholly or partially owned by the state in sev eral other sectors, including insurance, energy,
construction, banking, tourism, environmental services, distribution and audiovisual services.
- Please verify that these state-owned enterprises do not enjoy monopoly or exclusive
contract status, or if they do have such status provide details of the relevant provisions.
- With regard to the exclusive licence for distributing oil and petroleum products, does
the government of Samoa presently have plans to renew this exclusive contract at the
end of the five year term or will this provision be reviewed?
Answer:
Samoa Communications Ltd (SCL) was granted a 10 year Exclusive Licence, 1999 – 2010
(please refer to section on Telecommunications below) for the provision of telecommunicationsservices.WT/ACC/SAM/4
Page 66
Samoa Water Authority and Electric Power Corporation are the only providers of these kinds
of services but they are not enjoying any profits or benefits from these as they are also carrying out
social functions which are non-commercially viable.
For an answer to the question on oil and petroleum products, please see Question 126.
(b) Judicial, arbitral or administrative tribunals or procedures providing for the review of,
or remedies in relation to, administrative decisions affecting trade in services
Question 184
What are the rights of foreign companies in th e courts compared with the rights of Samoan
companies?
Answer:
Please see the answer to Question 57.
(i) Provisions concerning any form of aid, grant, domestic subsidy, tax incentive or
promotion scheme affecting trade in services
Question 185
Please describe and quantify any provisions made by the Government of Samoa to the services
sector.
Answer:
A number of state owned enterprises receive subsidies through the budget process which
requires that detailed justification be given for any subsidy requested. Those SOEs currently receiving
subsidy in the 2000/2001 budget are Electric Power Corporation (SAT 1.5 million) for Rural
Electrification, Water Authority (SAT 6.1 million) primarily counterpart contributions to a Rural
Water Supply Improvement Project being funded th rough the European Development Fund, Televise
Samoa (SAT 0.6 million) for public service broadcasting, Housing Corporation (SAT 0.4 million) and
Polynesian Airlines (SAT 8.8 million) repayment of old debt, not a current operating subsidy.
A number of SOEs have benefited from preferred credit arrangements through being in
receipt of loan funding on-lent through Government. These on-lent funds have originated primarily
from the Asian Development Bank, World Bank and European Investment Bank. The SOEs currentlyin receipt of this on-lending include Electric Po wer Corporation, Development Bank of Samoa, Water
Authority. A number of SOEs also have governme nt guarantees on borrowing from the domestic
banking system.
3.    Market Access and National Treatment
Question 186
Please indicate any existing measures in Samoa's trade related services regime, which are
inconsistent with national treatment.
Answer:
The following have been identified to date:WT/ACC/SAM/4
Page 67
The Foreign Investment Act 2000 regulates 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
promulgated under the Act create a Reserved List of activities which are exclusively reserved for
Samoan nationals; and a Restricted List of activities which may be undertaken by foreigners if theymeet 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.
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, where no
foreigners are allowed to purchase land.
Immigration laws do not grant foreigners national treatment.
Question 187
Beyond the requirements governing the issuance of necessary business licenses, does Samoa
apply any horizontal or sector-specific investme nt approval requirements that would affect the
ability of foreign firms to establish or ma intain a commercial presence for the purpose of
providing a service?  If so, please provide a description of the requirement.
Answer:
See answer to previous question. An economic means test exists in the insurance sector.
Many service sectors are still unregulated in Samoa and the Government is reviewing the situation.
Question 188
WT/ACC/SAM/2 states that, outside of the petroleum sector, there are no horizontal or sectoral
laws or regulations limiting market access.  GATS Article 16 specifies that these can include
limitations on the number of service providers (including numerical quotas, monopolies,
exclusive service providers and economic needs tests), limitations on the total value of services
transactions or assets, limitations on the num ber of service operations, output, or number of
natural persons employed in a particular service sector, measures which restrict the type ofentity that may be established to provide a servic e and limitations on the participation of foreign
capital.  Such limitations may take the form of numerical quotas, monopolies, exclusive service
suppliers or the requirements of an economic needs test.  If such limitations exist they must
either be eliminated or negotiated for inclusion in Samoa’s services schedule.  It would appear
that these types of measures do exist in the te lecommunications sector (monopoly and exclusive
service provider) and the insurance sector (economic needs test.)
- Please indicate whether similar measures ex ist in other sectors, particularly banking
and other financial services, energy services , environmental services, construction and
distribution and tourism.
- Please also verify that, in each services se ctor, foreign entities are accorded treatment no
less favorable than that accorded to dome stic services suppliers, in respect of all
measures affecting the supply of services.
Answer:
Please see answer to previous questions.WT/ACC/SAM/4
Page 68
Other Financial Services – Competition is strong in the insurance services sector and a
number of foreign companies are involved.
Energy – Please see the answer to question 126.
Electricity Distribution Services - The Electric Power Corporation is the sole supplier
throughout Samoa. There is however no restriction of entry in distribution of electricity.
Environmental Services – Local providers of environmental services particularly those in
advisory roles are scarce and external consultants undertake most of environmental advisory services
to date. The selection of service providers is scrutinised by a select assessment committee appointed
on an ad-hoc basis.  Urban environmental services are increasingly supplied by local companies, some
operating in cooperation with a foreign company.
Tourism Services - At present, foreign services are granted no less favourable treatment than
domestic services.
Question 189
Samoa states that work permits are available for fo reign workers “in particular if skills are not
available locally.”
- Please clarify this statement.  Are such permits issued only if local skills are not
available or can they be obtained more generally?  What specific criteria are applied tothe issuance of such permits?
- Does Samoa allow temporary entry and movement of natural persons to supply services
(in particular, intra-corporate transferees) and for services salespersons?
- Does Samoa apply any restrictions relating to the supply of services through Mode 2:
“in the territory of one Member to the service consumer of any other Member?”
Answer:
Any non-citizen wishing to work in Samoa is required by the Labour and Employment
(Employment of Expatriates) Amendment Act 1999 to apply to the Commissioner of Labour for a
work permit, and the permit is issued after verification by the Commissioner of all information given,
and the Commissioner being satisfied that the issue of a work permit will not deprive a Samoancitizen of employment.
The main criterion is that a local cannot do the job or that there is no local person currently
available to do it to the required standard.  Evidence that the job was actually advertised locally would
help prove that some effort was made to find a local person; but also if the applicant does not have the
skills and qualification required by the job.  In other words, aim is not to encourage the importation of
unskilled and/or unqualified labour.
Question 190
It is said that there is no horizontal or sectoral laws or regulations limiting the number of
service suppliers.  However, there are only three authorised banks.  Please explain.WT/ACC/SAM/4
Page 69
Answer:
Please see answers to previous questions and to question 195. Samoa is a small market and
three authorised commercial banks operate in that market. There are also small finance agencies being
set-up in this market specialising in foreign exchange and money transfers.
4. Description of the Market and the mechan isms for regulating the most prominent
services sectors
Question 191
An exception to the MFN treatment is a deviat ion of the most important principle of trade
liberalization under the multilateral trading system.  According to the Memorandum the
Pharmacy Act 1976 is the only measure inconsistent  with the MFN treatment.  Although it may
fall under the “recognition” of Article VII.2 of the GATS, the exceptional provision of Article II
of the GATS, which measures apply under the present law?  Among the laws on professionalservices, why does such a provision exist only in the Pharmacy Act 1976?  Does Samoa have any
intention to amend the Pharmacy Act to bring it into consistency with the provisions of the
GATS upon the accession to the WTO?
Answer:
Samoa acknowledges the inconsistency of the Pharmacy Act 1976 and will review the
Pharmacy Act.
Question 192
In addition to the laws and regulations listed in Annex 3 of WT/ACC/SAM/2, please provide
more information concerning the following acts:
Business Licence Act of 1998Labor and Employment (Employment of Expatriates) Amendment Act of 1999
Immigration Amendments Act 2000
Does the Government of Samoa plan to make th ese laws, and those listed in Annex 3, available
to the Working Party for distribution?  If so, when will this information be available?
Answer:
The first two Acts were supplied to the WTO Secretariat together with the Memorandum for
consultation by delegations. The third is being supplied in the same way.
Question 193
The information in annex three on legislation and regulations in individual services sectors is
helpful.
Please provide similar information for the following sectors: energy, distribution,
environmental services, healthcare, construction and tourism.WT/ACC/SAM/4
Page 70
Answer:
Please see answers to previous questions.
Healthcare - The Legislation which governs the Department of Health is the “Health
Ordinance 1959”, when the country was still under the New Zealand Administration. This is being
reviewed.
Tourism – The Western Samoa Visitors Bureau Act 1984 establishes the Samoa Visitors
Bureau Corporation and provides the powers and functions of the Bureau. It approves standards of
facilities and services relating to the following:
- Accommodation services
- Tour Operators services
- Restaurant services
- Tourism Business Licensing services
- Attraction services
- Marketing/Promotional services
- Planning & Development services
- Research & Statistics services
- Education & Training services
- Tourism Cultural Affairs services
Question 194
Samoa indicates in its submission that it appl ies an economic needs test to licence insurance
providers.
- Please provide specific information describing the scope and criteria of this test.  Are
specific requirements published?  Does the Ministry of Finance have sole licensing
authority?
- Beyond the above licensing requirement, what sorts of legal entity may establish
insurance operations in Samoa?  Is it possible  for foreign suppliers of insurance services
to choose the type of legal entity (i.e. representative office, subsidiary, joint-venture or
branch office) they wish to establish in order to provide such services?
Answer:
The criteria and requirements for an economic needs test for insurance providers are available
under the Insurance Act 1976. The Companies Act which covers all companies including insurance
providers is expected to be tabled by cabinet this year. The Minister of Finance is the Commissioner
of Insurance and remains the sole licensing authority.
Any legal entity, whether local or foreign may undertake insurance business in Samoa
provided it satisfies the licensing requirements under the Insurance Act 1976 and the provisions for
regulation to “carry out business in Samoa” under the Companies Act 1955 (or proposed Companies
Act [2001]). “Carrying out business” in Samoa unde r the Companies Act includes a reference to the
overseas company:
- Administering, managing, or dealing with property in Samoa as an agent, or representative, or
trustee, and whether through its employees or an agent or in any other manner.WT/ACC/SAM/4
Page 71
Where, “insurance business” under the Insurance Act 1976 means:
- Every class of the business of undertaking liability, by way of insurance or reinsurance, or in
respect of any life or personal injury, or against or in respect of loss or damage of any kind,
including liability to pay any damages, compensation, or other account contingent on the
happening of a specified event.
Question 195
With regard to the Financial Institutions Act of 1996, the Samoa submission describes in a
general manner that authenticated information and documentation must be submitted to the
Central Bank in order to obtain a licence to provide financial services.  However the submission
does not specify the criteria by which such inform ation is assessed for the purposes of issuing a
licence or the terms and conditions under which a licence may be held or revoked, nor does itspecify that a licence will be granted if all the terms and conditions have been met.
- Please provide these details pertaining to the licensing and supervision of financial
institutions in Samoa.
- Are there any financial services as defined in paragraph 5 (a), (v) through (xvi) of the
Annex on Financial Services   (the Annex) that are not currently provided by the privatesector in Samoa or are not provided at all?
- In particular, are there any measures that lim it, in any way, the ability of a non-resident
financial services supplier to establish a commercial presence in Samoa as a directly
owned branch, a representative office, or a wholly-owned subsidia ry, either through de
novo investment or through acquisition of ex isting enterprises to engage in the services
covered by the Annex?
- Are foreign owned financial institutions that are established in Samoa able to operate on
the same terms and conditions as domestic institutions that are in like circumstances,
including those regarding capital requirements and the ability to expand geographically
through branch offices?
- If some financial services do not exist in Samoa, is it because they are not permitted by
prudential regulations currently in place?
- Are there any measures that limit, in any way, the ability of a non-resident financial
service supplier to provide cross-border into the territory of Samoa  (1) advisory and
other auxiliary services, and (2)the provision and transfer of financial information and
financial data processing (as defined by para. 5 (a) (xv) and (xvi) of the Annex on
Financial Services ?  If so, please describe the measures that apply.
- Are there any limits on the consumption abr oad of financial services by residents of
Samoa?  Please describe any measures that would limit in any way the ability of
residents to purchase other financial services in the territory of another party, including
licenses required to effect currency transactions.WT/ACC/SAM/4
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Answer:
The licensing of financial institutions by the Central Bank of Samoa is governed under the
Financial Institutions Act 1996. In considering an application, the Central Bank shall have regard to
the economic advantage of Samoa, the need for and the viability of the financial institution proposed,
its ownership spread, the financial capacity, history and qualifications of the applicant, promoters,substantial shareholders and management, their character and experience, the proposed financial
institution’s accounting and internal control systems, the adequacy and the structure of its capital and
the business activities it intends to undertake.
The Prudential Supervision of licensed financial institutions is governed under provisions of
the Financial Institutions Act 1996. In determining whether or not a licensed financial institution
carries on its business in a prudent manner, the Central Bank will have regard to the following:
(a) Capital adequacy in relation to the nature and size of the business;
(b) Asset concentration and risk exposure;
(c) Separation of banking business from other business and from other interests of any
person owning or controlling the licensed financial institution;
(d) Adequacy of liquidity in relation to liabilities;
(e) Asset quality and adequacy of provisions for losses;
(f) Internal controls and accounting systems; and
(g) Such other matters, as the Central Bank considers relevant.
Where an applicant is a foreign financial institution, the Bank shall have regard to –
(a) the institution’s international reputation;
(b) the ownership spread of the institution or of its holding company;
(c) the relevant laws and regulatory requirements relating to the licensing and
supervision of financial institutions in its country of incorporation and shall require:
(d) written confirmation from the supervisory authority in the applicant’s country of
incorporation that the supervisory authority has no objection to the proposal to carry
on banking business in Samoa;
(e) written confirmation that the applicant will provide support as necessary to its branch,
subsidiary or affiliate in Samoa; and
(i) details of the program of training the applicant will adopt in order to place Samoan
citizens in management positions in its operations in Samoa.
Accordingly, foreign owned financial institutions that are established in Samoa are subject to
operate on the same terms and conditions as domestic institutions with regards to prudential standards
and requirements as stipulated and issued under the Financial Institutions Act 1996.
The non-existence of some financial services in Samoa does not relate to any restrictions
under prudential regulations. The recent introduction of the financial sector liberalisation program by
the Central Bank of Samoa whereby indirect monetary controls are in place through the operation of
open market instruments to influence the level of interest rates and credit growth, basically opens the
door for new players who wish to invest in the Samo an financial system with respect to any types of
financial services they could offer. The existing supervisory framework under the Financial
Institutions Act 1996 applies only to financial institutions licensed by the Central Bank. i.e. banking
institutions.
Except for the financial service under (xii) – Money Broking, all financial services as listed in
paragraph 5(a), (v) through (xvi) of the Annex on Financial services are provided by the private sectorin Samoa.WT/ACC/SAM/4
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 There are no restrictions on the ability of a non-resident to provide cross-border financial
service into Samoa on (1) advisory and other auxiliary services and (2) the provision and transfer of
financial information and financial data processing (as defined by para. 5(a) (xv) and (xvi) of the
Annex of Financial Services).
 In the case of financial institutions licensed by the Central Bank under the Financial
Institutions Act 1996, prior approval of the Central Bank is required if the institution decides to
operate a branch or a subsidiary outside Samoa.
Professional Services:
- Legal Services
Question 196
WT/ACC/SAM/2 states that Samoan citizenship is required to qualify as a barrister or as a
solicitor of the supreme court.
- Does Samoa apply any restrictions on the ability of foreign lawyers in private practice to
establish offices, form joint partnerships with Samoan lawyers or hire Samoan nationals
as lawyers?
- Would this category include the right for fo reign lawyers to provide legal consultancy
services regarding Samoan or international law?
Answer:
The Law Practitioners Act 1976 provides that non-citizens can be admitted temporarily as
barristers and solicitors for a maximum period of 6 years.
Most of the foreign lawyers admitted temporarily as barristers and solicitors in Samoa have
been for one-off cases in which they have been retained by parties in Samoa, and which at the
conclusion, return to their own countries.
The Law Practitioners Act also provides for the protection by the Law Society of the “interest
of the legal profession and the interests of the public in relation to legal matters.”  This has meant that
no foreign lawyers have been allowed by the Law Society to establish practice on their own.
However in the case of a partnership foreign lawyers can practice as long as the partnership has aSamoan partner who has a substantial interest in the partnership.  The same requirement applies
whether the foreign lawyer is providing legal consultancy services.
Question 197
Can foreign lawyers, who are qualified lawyers in another country, provide legal advice in
Samoa?
If yes, what are the conditions imposed?  To what extent can they provide legal services or, for
example, domestic Samoan laws, international law and a third country’s law?  Can a foreignlawyer establish a partnership with, or employ, Samoan lawyers?WT/ACC/SAM/4
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Answer:
Foreign lawyers can practice as barristers and solicitors of the Supreme Court of Samoa for a
period of not more than 6 years and if they are 21 years old, are of good character and hold academic
or professional qualifications from either New Zealand, Australia or Fiji or certain States of the
United States. This is also opened to qualifications from other countries provided submissions aremade to the Law Society.
Foreign lawyers can establish a partnership with Samoan lawyers provided they have had at
least 3 years experience as a Barrister of Solicitor.
- Accounting, Auditing and Bookkeeping Services:
Question 198
WT/ACC/SAM/2 indicates that the Samoan Society of Accountants  recognizes qualifications
from professional bodies in eight countries, each of which is a Commonwealth member.  The
submission also states that foreign providers may practice in Samoa for 5 years at the discretion
of the Council of the Society of Accountants.
- Please specify the process and criteria for recognition of qualifications for accountancy,
auditing and bookkeeping services.  Is such recognition currently limited to
Commonwealth members?
- Must foreign providers who practice Accountancy at the discretion of the Council also
hold the aforementioned qualifications?  If not, in which case these are separate
categories, are providers who do have such qualifications also limited to practicing
Accountancy in Samoa for no more than 5 years?
Answer:
All admissions as members of the Samoa Societ y of Accountants are decided by the Council.
Every applicant for admission or election to any degree of membership shall satisfy council of having
fulfilled the conditions specified in the rules and the Act.
There is a provision in “Rules” of the Samoa Society of Accountants that requires members of
the recognised professional accounting bodies in the countries stipulated in the Rules, and havesatisfied the professional/academic/practical membership requirements of the Society to apply for
membership provided they are citizens of Samoa.
Applications from members in Countries not stip ulated in the rules can be considered by the
Council on their own merits.
Overseas accountants with licenses in their countries to practice (who are not members of the
Society) may practice accounting including audit services in Samoa, provided they are granted a
temporary practicing certificate by the Council. These licenses are renewable annually but only for amaximum of 5 years.
Question 199
Please clarify the description in the Public Account Act 1984, “The council has to date
recognized…  the United Kingdom”, that this means that any person who has conformedhis/her qualified their authorization through professional bodies in Australia, Canada, etc. isWT/ACC/SAM/4
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automatically considered to be an accountant in Samoa and is able to set up his/her business as
an accountant in Samoa.
Answer:
The Public Accountant Act 1984 does not mention the above, as it is stated in the
Memorandum, the Council has to date recognized qualifications from professional bodies in thefollowing countries: Australia, Canada, Fiji, Ireland, New Zealand, Scotland, Wales and the United
Kingdom.
A provision under the rules of the Samoa Society of Accountants deems any member of the
recognized professional accounting bodies in the countr ies stipulated in the rules, to have satisfied the
professional/academic/practical membership requirements of the Society and therefore may apply for
membership provided they are citizens of Samoa.
Overseas accountants with licenses in their countries to practice (who are not members of the
Society) may practice accounting (including audit services) in Samoa provided they are granted a
temporary practising certificate by the Council. These licenses are renewable annually for a maximum
period of 5 years. The licensee could reapply for another licence after 5 years.
- Telecommunications Services
Question 200Please provide more information concerning the scope and duration of the exclusive licence
granted to Samoa Communications Ltd. for the provision of postal and telecommunications
services.
Answer:
Only Samoa Communications Ltd (SCL) was granted a 10 year Exclusive Licence for the
provision of telecommunications services in Samoa. This was mainly due to the size of the economy
perhaps not warranting many providers and SCL assuming all debts related to development of this
sector. Specifically, approximately SAT 55 million in loans by the old Post and Telecommunications
Department was transferred to SCL.
The Samoa Communication Limited’s Licence grants Samoa Communications Ltd exclusive
licence to provide postal and telecommunications services in Samoa for a period expiring on
30 June 2009. The licence extends SCL to undertake the provision of services provided by the Post
and Telecom Department prior to 1 July 1999. The Telecom Samoa Cellular licence operates
independently of the SCL Licence.
Question 201
With regard to telecommunications services, is the exclusive licence limited to basic telephony
(including local, long distance and international services provided on a facilities-basis or byresale) or does it also extend to enhanced or value-added services (including voice and electronic
mail, on-line information and data base retrieval, electronic data interchange, value-added
facsimile services, code and protocol conversion, and data processing services?)WT/ACC/SAM/4
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Answer:
The exclusive licence is for all telecommunications including those services SCL was able to
provide but did not. In saying that, Government also honoured its obligations under other legal
agreements (Telecom Samoa Cellular).
Also there was competition in wiring  and provision of telephone equipment.
Question 202
Is there any separation between the operation al and regulatory authority in the basic
telecommunications sector?  If so, what laws, regulations, governmental bodies are involved?
Answer:
The Ministry of Posts and Telecommunications is responsible for developing and formulating
the Sector Policy with SCL as operator. Work is st ill being done in finalising the appropriate structure
for a Regulator.
Question 203
Please also describe the framework for regulating and licensing mobile telecommunications
services.  Beyond  licensing requirements, please describe any  restrictions on the number or
type of provider that can enter the market a nd the types of services that may be provided.
Answer:
There is only one mobile operator in the market. Before any other licence is granted, thorough
investigation has to be done on the costs and benefits and how the existing operators might be affected
given the small size of the market
- Audiovisual Services
Question 204Please provide further details concerning th e requirements and procedures for obtaining
licenses to provide television broadcast services  and exhibit  films and for the distribution of
videos. Are foreign entities treated the same as domestic service providers regarding
applications for licenses to own or operate such facilities?
Answer:
The requirements and procedures for obtaining licenses to provide each service are as
follows:
Television. The Film Control Board under the Justice Department issues licenses to provide
Television Broadcast services. There are no specific conditions in order to obtain such a licence. For
Pay TV, there must be a local shareholder and there is an annual licence fee of SAT 5,000.
Exhibition of Films.- The Film Control Board under the Justice Department issues licenses to
exhibit films. A licence will be granted only when  the Health and Fire Department confirm that the
exhibitor meets health and safety requirements.WT/ACC/SAM/4
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Distribution of Videos. The Inland Revenue Department issues normal business licenses for
the distribution of videos. Videos are subject to censorship requirements by the Film Control Board.
- Health Related and Social Services
Question 205
Are foreign service providers treated the same as domestic service providers regarding
applications for licenses to own and/or operate  hospitals and other healthcare facilities?
Answer:
Foreign and domestic medical service providers are subject to the Foreign Investment Act
2000, but are otherwise treated in the same way.
VII. INSTITUTIONAL BASIS FOR TRADE AND ECONOMIC RELATIONS WITH
THIRD COUNTRIES
1. Bilateral or Plurilateral Agreements Relating to Foreign Trade in Goods and Trade in
Services
Question 206
We wish to remind Samoa that, upon accession, it will need to notify the WTO Committee on
Regional Arrangements about its bilateral and pl urilateral trading arrangements.  Also, in the
conduct of its regional and preferential trade arrangements, Samoa will need to observe WTOrequirements concerning preferential trading syst ems, free trade areas and customs unions of
which it is a member.
Answer:
Samoa is aware of the WTO provisions pertaining to regional trade agreements and will take
the need to observe these into account when negotiating any plurilateral or regional trade agreements.
Question 207
What rate of duty does Samoa apply to the importation of civil aircraft and parts of civil
aircraft?
Answer:
Full details have been provided to the WTO Secretariat in the Customs Tariff in electronic
format. HS88.02 aircraft are subject to a duty of 10 per cent, except aircraft of an unladen weight
exceeding 15,000 kg., which are duty free. HS88.03 parts of aircraft are subject to a duty of 10 per
cent.
Question 208
Given that such imports aid transportation and commerce, and do not compete with domestic
output, would Samoa confirm that it is prepared to bind import duties on these products at
“zero”?WT/ACC/SAM/4
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Answer:
Samoa will soon be presenting its initial offer on tariffs and looks forward to negotiations on
this subject.
2. Economic integration, customs union and free-trade area agreements
Question 209Please confirm that Samoa receives trade preferences from several sources, e.g., the
SPARTECA Agreement, the Fourth Lome Convention, and various GSP programs, but does
not grant any preferential trade access to its market.
Answer:
Samoa can confirm this.
Question 210
Do any of Samoa’s preferential trade agreements cover trade in services?
Answer:
No
Question 211
Please provide the Working Party with the texts of all FTA’s to which Samoa is a Party.  For
each FTA, please provide details of the per cent of trade overall and in ea ch major sector which
excluded from the free trade regime.
Answer:
Samoa is not a party to any FTA’s at the present time.
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