WT/TPR/M/409/Add.1  
1 June  2021 
(21-4521) Page: 1/30 
Trade Policy Review Body  
14 and 16 April 2021  Original: English/anglais/inglés  
 
  
TRADE POLICY REVIEW  
TONGA 
MINUTES  OF THE MEETING  
Addendum  
Chairperson: H.E. Mrs. Athaliah Lesiba MOLOKOMME (Botswana)  
This document contains the advance written questions  and additional questions by WTO 
Members , and replies provided by  Tonga .1 
 
 
Organe d'examen des politiques commerciales  
14 et 16 avril 2021  
EXAMEN DES POLITIQUES COMMERCIALES  
TONGA 
COMPTE RENDU DE LA RÉUNION  
Addendum  
Présidente : S.E.  Mme Athaliah Lesiba MOLOKOMME (Botswana)  
Le présent document contient les questions écrites communiquées à l'avance par les 
Membres de l'OMC, leurs questions additionnelles, et les réponses  fournies par  Tonga .1 
 
 
Órgano de Examen de las Políticas Comerciales  
14 y 16 de abril de 2021  
EXAMEN DE LAS POLÍTICAS COMERCIALES  
TONGA 
ACTA DE LA REUNIÓN  
Addendum  
Presidenta: Excma.  Sra. Athaliah Lesiba MOLOKOMME (Botswana)  
En el presente documento figuran las preguntas presentadas anticipadamente por escrito  y 
las preguntas adici onales de los Miembros de la OMC,  así como las respues tas facilitadas por  Tonga .1 
  
 
1 In English only./En anglais seulement./En inglés solamente.  WT/TPR/M/409/ Add.1  
 
- 2 - 
 
   Contents   
UNITED STATES  ................................ ................................ ................................ ...............  3 
UNITED STATES – FOLLOW -UP QUESTIONS  ................................ ................................ ... 10 
EUROPEAN UNION  ................................ ................................ ................................ .........  13 
CANADA  ................................ ................................ ................................ .........................  15 
AUSTRALIA  ................................ ................................ ................................ ....................  18 
JAPAN  ................................ ................................ ................................ ............................  19 
NEW ZEALAND  ................................ ................................ ................................ ...............  20 
CHINA  ................................ ................................ ................................ ............................  24 
BRAZIL  ................................ ................................ ................................ ...........................  30 
 
 
 
  WT/TPR/M/409/Add.1  
 
- 3 - 
 
  UNITED STATES  
Questions based on the Secretariat Report (WT/TPR/S/409)  
 
1 ECONOMIC ENVIRONMENT  
1.2 Recent Economic Developments  
1.2.2 Monetary and exchange rate policy  
 
Page 15, paragraph 1.13:   In 2018, Tonga's capital controls legislation was consolidated in a new 
Foreign Exchange Control Act and an Exchange Control Directive. Part of the NRBT's exchange 
control functions remain ed delegated to 16 "authorized persons" (banks and foreign exchange 
dealers).  Pursuant to the legislation in force, exporters must repatriate, within six months of the 
export date, at least 60% of their foreign exchange earnings from the sale of goods to a 
pa'anga -denominated account with a bank licensed in Tonga. Advance payments for imports worth 
up to TOP  500,000 are approved by authorized persons, whereas transactions exceeding that limit 
require NRBT approval.  We understand that the 2018 Foreign Exch ange Control Act is being revised.   
 
1. Please provide an update on the revision.  
 
Draft amendments for the 2018 FEC Act were submitted to the Ministry of Finance in October 2018 
to repeal section 5 and repeal references and provisions made to immovable p roperty, whether in 
Tonga or outside of Tonga.  
 
The amendment Bill was resubmitted in March 2020, following the change in government. The next 
step would be for the Minister to submit a policy submission to Cabinet requesting approval of the 
amendments to be processed. A Cabinet policy direction has not  been issued to date.  
There is also no revision to the FEC Directive 2018.  
 
2. Is there any plan to reduce or eliminate the 60% repatriation requirement on foreign -currency 
export earnings, which may be a disincentive to export -oriented investment?   
 
The requirement for the repatriation of export receipts has not yet been implemented. The NRBT is 
currently conducting consultations with relevant stakeholders for its implementation.  
 
According to our analysis, the NRBT considers the 60% threshold to be rea sonable based on the 
following findings:  
• Based on the latest data available, the level of export receipts is estimated to be around 
47% (2019) of total domestic exports. That means that more than half of Tonga's 
foreign -currency export earnings either ret urn in the form of goods & services, remittances 
or may not be returning at all to contribute to the country's economy. We have experienced 
this in the past, both in our agricultural and fisheries industries.  
• There are exemptions from the repatriation req uirements outlined in the FEC Directive 
2018, including a threshold for exports of less than TOP  20,000. This means that we expect 
only about 70% of total exports (2019) would be required to repatriate 60% of their export 
proceeds.  
• 60% of all domestic exp orts with values of more than TOP  20,000 is equivalent to only 
42% (2019) of total exports and it is well below the level of export receipts already 
recorded for the same period. As such the NRBT considers the 60% threshold a reasonable 
level at this time.   
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.1 Customs procedures, valuation, and requirements  
 
Page 37, paragraph 3.12:   The Secretariat Report states that "[a] risk management unit became 
operational at Tonga Cu stoms in March 2016. Since then, import declarations have been assigned 
into one of three selectivity lanes: green (immediate release), yellow (documentary check), and red 
(documentary and physical checks). The assessment methodology is based on a matrix o f risk 
indicators comprising the importer's and the customs broker's characteristics and prior record, as 
well as the consignment's nature and origin."  WT/TPR/M/409/ Add.1  
 
- 4 - 
 
   
3. Are there other risk indicators that impact the assessment methodology besides "the 
importer's and t he customs broker's characteristics and prior record, as well as the consignment's 
nature and origin?"  If so, what are they?    
 
Other risk indicators that may be applied in the Tonga Customs existing automation system to impact 
the assessment include:  
• Country of Export details;  
• Supplier prior record;  
• Shipment document number details;  
• Mode of transportation; and  
• Discrepancies in information supplied with import/export declarations.  
Apart from these specific indicators, the automated system may also be set  to randomly select 
consignments for either documentary or physical checks.  
 
4. Please give an example of risk indicators that would result in a red lane assignment.  
 
Importer prior record of non -compliance or criminal offence.  
 
5. Has the number of import declarations channeled into either of the yellow or red lanes changed 
since 2019?  If so, is this due to the COVID -19 pandemic, because parties know about the 
establishment of the risk management unit, or due to other factors?   
 
Yes, there has been a reduction in the consignments channelled through the yellow and red lanes 
since 2019.   
This reduction in the overall percentage of consignments falling in the medium to high -risk channels 
has been due to improved compliance made possible through enhance d Customs to Business 
partnerships and regular capacity building and awareness on Customs requirements.  
 
6. Does the risk management unit receive ongoing training to help identify infringing or 
counterfeit materials?  If so, what has the training consisted  of?  If not, does Tongan customs plan 
to provide any training in the future?  Why or why not?   
 
Yes, the risk management unit continues to receive assistance in capacity building from regional and 
international customs organisations including the Oceania  Customs Organisation (OCO) and the 
World Customs Organisation (WCO) as well as other development partners.  
Recent training (2020) included:  
• Sub-Regional Workshop on Combating Counterfeiting and piracy facilitated by the WCO.  
• Regional Customs IPR Enforceme nt Workshops facilitated by the Oceania Customs 
Organisation and USPTO.  
7. Does/would the Intellectual Property Division of the Ministry of Trade and Economic 
Development conduct the training?  
 
At present, training is most often provided by international a nd regional organisations such as WCO 
and OCO.  
 
Page 37, paragraph 3.13 :  The Secretariat Report notes that Tonga has participated in the Trade 
Facilitation Agreement (TFA) notification process and that the Government of Tonga expects to ratify 
the agreeme nt in 2021.  
 
8. Is Tonga still on track for ratification in 2021?  
 
Yes, Tonga is still on track to complete its ratification process in 2021.  
 WT/TPR/M/409/Add.1  
 
- 5 - 
 
  9. What steps must Tonga take prior to ratification?  
 
The remaining domestic requirements for Tonga to complete p rior to ratification include convening 
a final consultation with relevant stakeholders, followed by getting Cabinet endorsement and Royal 
Assent.  
 
3.3 Measures Affecting Production and Trade  
3.3.1 Incentives  
 
Page 44, paragraph 3.41:  The Secretariat Report notes that " During the review period, Tonga 
did not make any notification regarding the existence of subsidies as defined in Article 1.1 of the 
Agreement on Subsidies and Countervailing Measures (SCM Agreeme nt)." 
 
10. When does Tonga anticipate making its subsidy notification?  
 
Tonga notes the need to submit this notification and because of the lack of capacity to complete 
this, will seek the assistance of the Secretariat in its preparation.  
 
3.3.2 Standards and other technical requirements  
 
Page 51, paragraph 3.58 :  The Secreta riat Report notes that in May 2020, the MTED launched 
consultations with stakeholders from both the public and private sectors on TBT measures with the 
goal of collecting information to develop a catalogue containing all standards, technical regulations, 
and conformity assessment procedures that are currently being applied (including international 
standards that are being adopted as a reference). The United States commends the MTED's 
consultation process with stakeholders and understands that this work will  continue in 2021.   
 
11. When does MTED hope to finish this work and publish the catalogue?  
 
At the moment 70% of the work towards the catalogue is completed. The remaining percentage 
relates to further consultations required to verify the current state o f the catalogue. If Tonga secures 
technical expertise to assist in the verification process we would be looking at towards the end of 
the 2021 or early 2022 to have this work completed.  
 
12. Will Tonga make further efforts to base more of its standards, te chnical regulations, and 
conformity assessment procedures on existing, relevant international standards?  
 
Tonga will only apply the standards, technical regulations and conformity assessment procedures 
that it considers relevant.  
 
3.3.8 Intellectual proper ty rights  
 
Page 61, paragraph 3.99:  When discussing the legal and regulatory framework for intellectual 
property, the Secretariat report states that the Copyright Act was "last amended in 2012," but that 
"[i]n 2019, a bill to amend the [Copyright Act] was  issued to criminalize the infringement of copyright 
by means of a computer system."  
 
13. What is the status of the bill?  
 
The Copyright (Amendment) Bill 2020, is a consequential amendment to the Computer Crimes Bill 
2020. The Bill is pending, awaiting Government directions.  
 
14. What new provisions does the bill add to protect against copyright infringement online besides 
criminalization?  
 
The Copyright (Amendment) Bill 2020 simply aims to implement Article 10 of the Council of Europe 
Conventio n on Cybercrime which criminalizes, the infringement of copyright by means of a computer 
system.  
 
15. Are the punishments for infringement committed by means of a computer system different 
from those committed outside the digital context, such as those cu rrently in place for violators of WT/TPR/M/409/ Add.1  
 
- 6 - 
 
  copyright that are "subject to a fine and/or imprisonment not to exceed TOP 20,000 and three years, 
respectively"?  
 
Punishments for infringement committed by means of a computer system different from those 
committed outsid e the digital context are the same pursuant to Section 29 (1) of the Copyright Act 
[Cap.17.05].  
  
Page 61, paragraph 3.99:  The Secretariat Report notes that Tonga's "legal and regulatory 
framework for intellectual property (IP) protection did not experien ce any major changes between 
2014 and 2020."   
 
16. In the coming years, does Tonga plan to undertake amendments to its IP -related legislation?  
 
Yes- Tonga is also currently working on identifying issues for amendments for both Copyright and 
Industrial Property Legislations.  
 
Page 62, Box 3.3:   The Secretariat Report notes that Tonga's Industrial Property Act "provide[s] 
for the protection of… marks, collective marks, and trademarks."  
 
17. Does Tonga's law provide for the protection of certifi cation marks?  
 
Tonga's law does not provide protection of certification marks but is to be considered when the 
Industrial Property Act is amended.  
 
Page 62, Box 3.3:  The Secretariat Report notes that Tonga's "Protection of Geographical 
Indications Act (l ast amended in 2012) and its regulations … provide for the protection of 
geographical indications for natural and agricultural products, handicrafts, and wines."    
 
18. Does Tonga's law indicate that Tonga will refuse geographical indication protection for  terms 
that are common or generic names for the goods in Tonga?  
 
Section 23(3) of the Protection of Geographical Indicators Act reads as follows "Nothing in this Act 
shall apply in respect of a geographical indication of any country with respect to goods o r services 
for which the relevant indication is identical with the term customary in common language as the 
common name for such goods or services in Tonga or in respect of a geographical indication of any 
other country with respect to products of the wine  for which the relevant indication is identical with 
the customary name of a grape variety existing in Tonga as of January 1, 1995".  
 
19. Does Tonga's law indicate that Tonga will refuse geographical indication protection for terms 
that are likely to cause  confusion with prior trademarks in Tonga?  
 
No. The prior trademarks concerning wine and spirit will be refused or cancelled if the wine or spirit 
does not have the origin.  
 
Also, if the trademark was registered in good faith or the rights have been acquired through use in 
good faith  
(a) before th e date of entry into force of this Act; or  
(b) before the geographical indication is protected in its country of origin, this Act shall not 
prejudice the registration of or the validity of the registration of a trademark, or the right to 
use a trademark, o n the basis that such a trademark is identical with, or similar to, a 
geographical indication.  
 
20. Does Tonga's law allow for interested parties to cancel protected geographical indications 
based upon prior trademark rights?  
 
No. Only if the geographical indication is not used or registered in bad faith.  
 
21. Does Tonga's law allow for interested parties to cancel protected geographical indications if 
the term(s) are common or generic names for the goods in Tonga?  
 
No. Only if the geographical indication i s not used or registered in bad faith.  
 WT/TPR/M/409/Add.1  
 
- 7 - 
 
  22. How does Tonga's law address compound geographical indications that contain a common or 
generic term for the goods, e.g. if Tonga grants protection will it enter a disclaimer of the common 
or generic term on the registration certificate?  
 
In light of section 23(3) as mentioned above, the specific indication is considered to constitute a 
geographical indication in Tonga.  
 
Page 62, paragraph 3.100:  The Secretariat Report states that  "Tonga has been a member of the 
World Intellectual Property Organization (WIPO) since 2001 and is a signatory to 2 of the 
26 agreements administered by this organization, namely the Paris and Berne Conventions. Tonga 
has not signed any other WIPO -administered treaty since then."  
 
23. Does Tonga intend to become a signatory to the WIPO Copyright Treaty and the WIPO 
Performances and Phonograms Treaty?  
 
This is currently under review.  
 
24. If so, what is the timeline for becoming a signatory? Has Tonga identified any changes to its 
copyright  law necessary to implement these treaties?   
 
25. Does Tonga intend to become a signatory to the Marrakesh Treaty?  
 
This is currently under review.  
 
26. If so, what is the timeline for becoming a signatory?  Has Tonga identified any changes to its 
copyright law necessary to implement this treaty?  
 
27. Does Tonga intend to become a signatory to the Protocol Relating to the Madrid Agreement 
Concerning the I nternational Registration of Marks?  
 
This is currently under review.  
 
28. If so, what is the timeline for becoming a signatory?  Has Tonga identified any changes to its 
trademark law necessary to implement this treaty?  
 
29. Does Tonga intend to become a si gnatory to the Singapore Treaty on the Law of Trademarks?  
 
This is currently under review.  
 
30. If so, what is the timeframe for becoming a signatory?  Has Tonga identified any changes to 
its trademark law necessary to implement this treaty?   
 
Page 63, Table 3.17:  This table details some aspects of Tonga's geographical indication protection.    
 
31. Could Tonga please clarify the term of protection for geographical indications?  
 
It is not subject to expiry after a fixed term. It will remain vali d unless it is cancelled.  
 
Page 63, Table 3.17:  This table indicates that GIs are protected "(a) provided there is presumption 
that such indication is a geographical indication."   
 
32. Could Tonga clarify how this presumption is determined and by whom?  
 
The court determines the presumption in any proceedings under the Act.  
 
Page 64, paragraph 3.105:   The Secretariat Report states that "Tongan customs authorities may 
suspend clearance of allegedly illegal goods (e.g. counterfeit or misleading) in accordance with the 
legislation on the protection of copyright and related rights ([Copyright Act], Sectio n 27)."  
 
33. Does the Tongan customs authority have a system in place to identify repeat infringers?   
 
The Customs Authority does have a system in place to identify repeat infringers.  WT/TPR/M/409/ Add.1  
 
- 8 - 
 
   
34. If so, who tracks this information (i.e., the risk management unit  or another division in the 
Tongan customs)?  
 
The Tonga Customs Risk Management Unit consolidates this information from various Customs Units.  
 
35. If a party is accused of infringing IP more than once, does customs handle the suspension of 
clearance diffe rently? For example, would a party be subject to an automatic suspension of 
clearance?  
 
Yes, release is suspended and the importer is notified whilst Customs seeks clarification from the 
right holder or its local representative.  
 
36. For infringing goods, is seizure the only option, or does customs have the authority to destroy 
the infringing goods? If so, can the right holder be a part of the process to ensure that the infringing 
goods are actually destroyed?  
 
Yes.  The right holder and i mporter are both part of the process of destruction of infringing goods.  
 
37. Do Tongan customs authorities work with right holders to identify allegedly illegal goods?  
 
Tonga Customs contacts the National Intellectual Property Office (MTED) and then the l egal 
representative of the right holder/ or the right holder if present in -country.  
 
38. What is the process for a right holder to request customs enforcement?  
 
The right holder may request suspension of suspected infringing goods by providing written 
documentation to support its allegations and in particular confirmation of ownership of the suspected 
infringed mark.  
 
Questions based on the Government Report (WT/TPR/G/409)  
 
4 TRADE POLICIES AND PRIORITIES  
 
Page 7, paragraph 4.19:   The Government Report notes that "the SOE sector in Tonga is among 
the most profitable of small island developing states in the Pacific."  
 
39. Does Tonga set targets for the profitability of its SOEs and if so, how does it set those targets?  
 
Yes, Tonga set targets for the profitability of its SOEs.  
 
1. From a legal perspective, all SOEs in Tonga are mandated to achieve their principal 
objective  under Section 4 of the Public Enterprises Act (PE Act) as amended, which states,  
'The Principal objective of ev ery public enterprise and subsidiary shall be to operate as a successful 
business and, to this end, to be as profitable and efficient as comparable to businesses that are not 
state owned."  
 
Directors of SOEs are then appointed with the Government/Sharehold ers' full trust and expectation 
that they must lead and guide the SOEs to achieve their principal objective as mentioned. Directors 
should strive for continuous annual improvements in the level of financial performance and the 
efficiency and productivity o f the operations of the SOE and in the quality and value of services 
delivered.  In every year, the Shareholder issues its expectation to all SOEs with key targets to 
achieve  that are included to achieve a Net Profit After Tax (NPAT) as a key priority for 
Government/Shareholder.   
 
2. As per the general policy, all SOEs are expected to achieve at least 10% ROE and positive NPAT 
as a general target. This target is also reiterated to all SOEs in the Shareholder's expectation letter 
every year.  
 
3. Lastly, is th e responsibility of the Board of Directors and SOEs. Each SOE should incorporate into 
their individual Business Plan every year the key profitability targets (KPIs) mandated by the PE Act 
and the Expectation from the shareholder. The profitability of SOEs is then planned to grow every WT/TPR/M/409/Add.1  
 
- 9 - 
 
  year with a certain percentage and SOEs must clearly state their objectives and key strategies to 
achieve those growth targets to their profitability as well as their corporate responsibility as 
stipulated by the PE Act in the ir individual Business Plan.  
 
The Ministry of Public Enterprises (MPE) is the representative of the Shareholder /Government who 
continuously assesses each SOE to ensure that they are in line with their KPIs, set of targets and 
principal objective as per th eir individual Business Plan approved by the Board of Directors and 
Shareholder every year.  
 
4.5 Intellectual Property Rights  
 
Page 8, paragraph 4.26:   The Government Report notes that "A national intellectual property 
strategy was developed and implemente d in 2015 –17, and is now due for review. The objectives of 
the strategy were: (1) effective implementation of IP laws in Tonga for enhanced protection of 
domestic and foreign creations and innovations, (2) creation of a comprehensive IP legal framework 
for the protection of Tongan creations and innovations in Tonga and globally, and (3) increased use 
of the IP system, with tangible benefits from the exploitation of IP assets in Tonga."  
 
40. Does Tonga envision publishing a new national intellectual property  strategy?  
 
The review of the national intellectual property strategy is one of the priority activities in the pipeline 
for the Intellectual Property Division.  
 
Page 8, paragraph 4.27:   The Government Report notes that "In 2018, the IP Unit updated the 
version of WIPO's Industrial Property Automation System (IPAS) it uses, which has enabled it to 
process applications electronically. The unit is now working towards another upgrade of IPAS, to 
include industrial design, patents and Madrid applications " (Emph asis Added).  
 
41. Does Tonga plan to become a signatory to the Protocol Relating to the Madrid Agreement 
Concerning the International Registration of Marks?  If so, what is the timeline for becoming a 
signatory?  
 
Tonga is currently examining the appropriateness of the protocol in Tonga's context. The report will 
be completed before the end of the FY 2020/2021.  
 
  WT/TPR/M/409/ Add.1  
 
- 10 - 
 
  UNITED STATES – FOLLOW -UP QUESTIONS  
Questions based on the Secretariat Report (WT/TPR/S/409)  
 
Page 62, Box 3.3:  The Secretariat Report notes that Tonga's "Protection of Geographical Indications 
Act (last amended in 2012) and its regulations … provide for the protection of geographical 
indications for natural and agricultural produc ts, handicrafts, and wines. "   
 
19. Does Tonga's law indicate that Tonga will refuse geographical indication protection for terms 
that are likely to cause confusion with prior trademarks in Tonga?   
 
Response:  
 
No. The prior trademarks concerning wine and spirit will be refused or cancelled if the wine or spirit 
does not have the origin.  
 
Also, if the trademark was registered in good faith or the rights have been acquired through use in 
good faith  
 
(a) before the date of entry into force of this Act; or  
(b) before the geographical indication is protected in its country of origin, this Act shall not 
prejudice the registration of or the validity of the registration of a trademark, or the right to use a 
trademark, on the basis that such a trademark is identica l with, or similar to, a geographical 
indication.  
 
Follow -up to Question 19:  
 
What criteria does Tonga use to determine whether the registration or use of trademarks were made 
in "good faith?"   
 
Follow -up response:  
 
The concept of good faith is not recogni zed neither in the Trade Marks Act nor any relevant statutes 
on Trade Mark law. So, the question of what to be regarded as good faith has yet to be developed.  
 
20. Does Tonga's law allow for interested parties to cancel protected geographical indic ations 
based upon prior trademark rights?  
 
Response:  
 
No. Only if the geographical indication is not used or registered in bad faith.  
 
Follow -up to Question 20:  
 
What criteria does Tonga use to determine if geographical indications were registered in "b ad faith"?  
Would evidence of a prior trademark registration in Tonga demonstrate that a later -filed geographical 
application was made in bad faith?   
 
Follow -up response:  
 
The concept of bad faith is recognised in the GI Act, but has no definition. As the re is a lack of case 
law, the concept has yet to be developed. The question of GI registered in bad faith is raised if a 
request for relief in connection with the use or registration of a trademark. The request will be made 
to court.  
 
21. Does Tonga's law  allow for interested parties to cancel protected geographical indications if 
the term(s) are common or generic names for the goods in Tonga?   
 
Response:  
 
No. Only if the geographical indication is not used or registered in bad faith.  
 WT/TPR/M/409/Add.1  
 
- 11 - 
 
  Follow -up to Question 21:  
 
In its response to question 18, Tonga has indicated that "Section 23(3) of the Protection of 
Geographical Indicators Act reads as follows 'Nothing in this Act shall apply in respect of a 
geographical indication of any country wi th respect to goods or services for which the relevant 
indication is identical with the term customary in common language as the common name for such 
goods or services in Tonga or in respect of a geographical indication of any other country with respect 
to products of the wine for which the relevant indication is identical with the customary name of a 
grape variety existing in Tonga as of 1 January 1995'." If Tonga permitted registration of a term 
that was a common name for goods or services in Tonga at the  time the geographical indication was 
registered, would Tonga view it as having been registered in bad faith and therefore, subject to 
cancellation?  
 
Follow -up response:  
 
See answer in Q20.  
 
22. How does Tonga's law address compound geographical indications that contain a common or 
generic term for the goods, e.g. if Tonga grants protection will it enter a disclaimer of the common 
or generic term on the registration certificate?   
 
Response:  
 
In light of section 23(3) as mentioned above, the specific indication is considered to constitute a 
geographical indication in Tonga.  
 
Follow -up to Question 22:  
 
Could Tonga please clarify whether it extends protection to common or generic terms in compound 
geographical indications, i.e. geographical indications that contain multiple terms?   
 
Follow -up response:  
 
Yes, if the compound GI is attributable to the geog raphical origin.  
 
Page 63, Table 3.17:  This table indicates that GIs are protected "(a) provided there is presumption 
that such indication is a geographical indication. "  
 
32. Could Tonga clarify how this presumption is determined and by whom?  
 
Response:  
 
The court determines the presumption in any proceedings under the Act.  
 
Follow -up to Question 32:  
 
Could Tonga please clarify whether Tonga's Registrar of Industrial Property also makes this 
presumption when determining registrability of applied -for geog raphical indication? How does 
Tonga's Registrar of Industrial Property and/or Tonga's court make this presumption and what 
criteria is used to make this determination?  
 
Follow -up response:  
 
The Registrar does not use presumption in determining the registrability of an applied GI, but the 
court does. However, there is a lack of GI applications and case laws, so the guideline has yet to 
develop.  
 
Questions based on the Government Report (WT/TPR/G/409)  
 
Page 8, paragraph 4.27:  The Government Report no tes that "In 2018, the IP Unit updated the 
version of WIPO's Industrial Property Automation System (IPAS) it uses, which has enabled it to WT/TPR/M/409/ Add.1  
 
- 12 - 
 
  process applications electronically. The unit is now working towards another upgrade of IPAS, to 
include industrial d esign, patents and Madrid applications " (Emphasis Added).  
 
41.  Does Tonga plan to become a signatory to the Protocol Relating to the Madrid Agreement 
Concerning the International Registration of Marks? If so, what is the timeline for becoming a 
signatory?    
 
Response:  
 
Tonga is currently examining the appropriateness  of the protocol in Tonga's context. The report will 
be completed before the end of the FY 2020/2021.  
 
Follow -up to Question 41:  
 
As the Tonga IP Unit works towards an upgrade of WIPO IPAS, to include industrial design, patent, 
and Madrid applications, wil l Tonga work toward consideration of joining other design and patent 
instruments, such as the Hague Agreement Concerning the International Registration of Industrial 
Designs, the Patent Cooperation Treaty, and the Patent Law Treaty?  
 
Follow -up response:  
 
We will review the appropriateness of these systems.  
 
  WT/TPR/M/409/Add.1  
 
- 13 - 
 
  EUROPEAN UNION  
WT/TPR/S/409 – WTO Secretariat's Report  
 
4.1.1  Agriculture  
4.1.1.4  Border measures  
Page 68, paragraph 4.18  
 
The report explains that "an April 2020 policy approval for absolute import prohibition of meat of 
lamb and mutton breast to prevent the importation and consumption of this unhealthy food was 
passed through the Customs and Excise Management Act (Amendment) Order, which was published 
on 30 June 2020 and became effective as f rom 1 July 2020."  
 
42. Could Tonga please explain the rationale for this import prohibition? Which scientific evidences 
support the assumption that lamb meat constitutes "unhealthy food"?  
 
This commodity was identified by the Government after monitoring th e effects of its NCD taxation 
policies since they were implemented in 2013. In 2013 in alignment with the country's national NCD 
strategic plan (the Hala Fononga 2015 -2020), taxes were introduced for certain unhealthy foods 
(e.g. lard/dripping and carbonat ed drinks). In 2016, additional or higher taxes were implemented 
on turkey tails, chicken leg quarters, lamb and mutton flaps, mayonnaise and lard and dripping. In 
2018, the Food and Agriculture Organization (FAO) in collaboration with the World Bank provi ded a 
'snapshot' of the effectiveness and impact of these taxes.2 The study concluded that while the 
intended effects of the taxes on fatty meats are positive for the lamb/mutton flaps, demand for, and 
consumption of, fatty meats (mainly chicken) remained  high, particularly during functions, events 
and church gatherings.  
 
The high volume of importation and consumption of this particular commodity led to the 
Government's decision to prohibit its importation.  
 
4.4  Services  
4.4.5  Transport services  
Page 85, paragraph 4.98  
 
The report states that the National Infrastructure and Investment Plan (NIIP) 2013 -2023 was aimed 
at a comprehensive overhaul of the transportation infrastructure, with particular emphasis on 
improving connectivity to the outer islands.   
 
43. Could Tonga please provide more information about the plans in the NIIP 2013 -2023 to 
support private -sector transport services, in particular shipping services? Could Tonga clarify 
whether these plans aim to support local or international service providers?  
 
It is not clear which plans are being referred to as relating to "private -sector transport services".  
The NIIP 2013 –23 is a public document.3 
 
The Secretariat report refers to the NIIP priority to increase "the safety and  resilience of all maritime 
activities, especially in relation to inter -island shipping."  Investment is anticipated in the following 
areas:  
- "upgrading berths and related shore facilities to be more resilient to climate change and 
natural disasters, as wel l as improving safety and facilities for passengers and cargo;  
- upgrading navigational aids and channel/mooring markers, and updating hydrographical 
charts;  
- dredging channels and berths to increase safety in all weathers;  
- building local capacity and systems for enhanced maritime safety oversight; and  
- revitalising local training programs for seafarers and the associated facilities."  
 
These plans are expected to benefit both local and international service providers. See NIIP, 
pp 15-16. 
 
2 Orsonprasop S (for the World Bank Group). Using taxation to address noncommunicable diseases: 
Lessons from Tonga. Washington, D.C.: World Bank Group; 2017.  
3 https://www.adb.org/sites/default/files/linked -documents/46351 -002-sd-03.pdf . WT/TPR/M/409/ Add.1  
 
- 14 - 
 
  WT/TPR/G/409 – Report by Tonga  
 
4.1 Trade policy  
4.1.1 Trade policy and non -communicable diseases  
Page 6, paragraph 4.9  
 
The report states that "Tonga has one of the highest rates of obesity in the world, and 99.9% of 
Tongan adults aged 25 –64 are at moderate to high risk of developing an NCD" and that "the 
Government has therefore incorporated significant trade policy measures into its coordinated 
response, in implementing its National Strategy for Prevention and Control of NCDs 2015 –20."   
 
44. What kind of trade policy m easures has the Government of Tonga introduced in order to 
address the NCD problem? Which goods are targeted?  
 
Over the last year Tonga Customs has been assisted by the World Bank to develop Tonga's 
first Nutrient Profile Model. This model will be used by Tonga to review existing tariff policies related 
to the work to tackle NCDs. It will also be used to shape future taxation policies relating to combating 
NCDs.  
 
The Nutrient Profile Model has since been approved by Tonga's Cabinet and the Ministry of Reven ue 
and Customs is now working with its key government and private stakeholders to use the Model to 
develop evidence -based trade policies to enhance its work to combat NCDs. The work to address 
the NCD problems by way of taxation will be guided by this Nutr ient Profile Model.  
 
5.2 Fisheries  
Page 10, paragraph 5.13  
 
The report states that "in order to improve the management of smaller scale coastal fisheries, the 
Ministry of Fisheries is supporting the creation of special management areas (SMAs), which give the 
coastal community the authority to lead in the protection of the area, prevent illegal fishing and 
improve sustainability. This programme has grown rapidly since 2014, and SMAs now cover around 
half of Tonga's coastal communities." Moreover, Tonga rati fied the Port State Measures Agreement 
(PSMA) in late 2019 and it is now being implemented.  
 
45. What is the current state of implementation of the PSMA? In addition to SMAs, what other 
measures are in place to combat IUU fishing?   
 
The Tonga Ministry of Fisheries has undertaken the following actions for implementation of the PSMA:  
• The Tonga Ministry of Fisheries has established a National Task Force with line government 
ministries agencies (Tonga Navy, Ministry of Revenue and Customs, Ports Au thority, Ministry 
of Police and Ministry of Fisheries) and the MOU amongst these agencies have been signed.  
The Task force will be responsible for coordinating the implementation of the PSMA.   
• There is ongoing discussion to designate a port for permittin g entry of foreign fishing vessels 
for the purposes of the PSMA.  
• Standard operating procedures are currently being developed for the PSMA.  
• To combat IUU, boarding and inspection of Foreign Fishing Vessels  (100%) and reporting 
the outcome of boarding and in spection to the Flag State.  
•  
In addition to the creation of SMAs, other measures to combat IUU include:  
• Provisions in the Fisheries Management Act 2002 and the subsequent regulations are 
enforced to combat IUU fishing.  
• Terms and conditions (T&C) of the fis hing license implement measures to combat IUU 
fishing. Measures from RFMOs in which Tonga is a member (e.g. Conservation and 
Management Measures of the Tuna Commission) and National fisheries policies are 
incorporated into the terms and conditions to be im plemented.  
• VMS programme, National Observer programme and National Fisheries Management Plans 
and Policies  
• Tonga is currently developing its Tonga Ocean Management Plan.  
  WT/TPR/M/409/Add.1  
 
- 15 - 
 
  CANADA  
SECTION I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
 
PART 3 – TRADE POLICIES AND PRACTICES BY MEASURE: 3.3.3 SANITARY AND PHYTOSANITARY 
REQUIREMENTS  
 
Page 51 (Paragraph 3.60)  
 
The Secretariat Report notes the main legislation covering SPS measures, and notes that the 
framework for sanitary and phytosanitary measures are "m ostly outdated" and "do not include 
procedures for the development and adoption of SPS measures". The Report does note the entry 
into force of the Food Act  in 2020, and that SPS measures are mainly regulated by the Plant 
Quarantine Act  (last amended in 201 2) and its regulations, and the Animal Disease Act  (last 
amended in 2012). The Report also notes that the Food Act 2020  regulates, inter alia , the production, 
sale, import, and export of food for commercial purposes to guarantee food safety and the protect ion 
of human health.  
 
46. Does Tonga have any planned sanitary and phytosanitary regulatory initiatives not referenced 
in the TPR reports that will impact agriculture, forestry, or aquatic products?    
 
i. The Tonga national Strategy on aquatic biosecurity 2018 -2022 was launched in 2018 and is 
currently being implemented.  The main aims of the aquatic biosecurity are to safeguard 
human health, the environment and national economies.  
ii. Tonga Biosecurity Bill draft 2007 is being reviewed by the MAFFF & MEIDECC under the GEF6 
Invasive species project as an upgrade for the Tonga Plant Quarantine Act.    
 
PART 4 – TRADE POLICIES BY SECTOR: 4.1.1.5 DOMESTIC SUPPORT  
 
Page 69 (Paragraph 4.25) (Also Pa ge 9, Paragraph 13)  
 
Per the Secretariat Report: "Since 2014, low interest rate loans through the GDL scheme 
administered by the TDB have been provided at interest rates of 1% and 3% (4% prior to 2020) for 
farmers participating in agricultural development  programmes (Section 3.3.1.1). The total 
outstanding loan under this scheme as at June 2020 was at TOP 8.7 million, compared with 
TOP 7.6 million in June 2017. Of the outstanding loans as at June 2020, 52% (47.3% in 2018) was 
lent to the agricultural secto r, followed by the education, fisheries, and manufacturing sectors at 
16%, 13% (17.9% in 2018), and 7%, respectively (Sections 4.1.2.5 and 4.3.3). Concessional loans 
were been provided under the Credit Union and Micro Finance Development Scheme."  
 
47. Could Tonga provide additional information on the type of agriculture activities supported by 
the Development Loans programme?  
 
The type of agriculture activities supported by the Development Loans programme include:  
 
• Investment in expanded agricultural produc tion and value -added activities.  
• Forestry investment with economic benefits which might benefit the community.  
• Support nurseries specifically for sandalwood seedling production and other seedlings such 
as fruit trees, vegetable seedlings.  
48. Could Tonga elaborate on how it plans to ensure transparency in reporting activities eligible 
for funding under the Development Loans programme?  
 
The details for activities eligible for funding for each sector is available on the TDB website 
(www.tdb.to ) under Loans – Government Development Loans.  
 WT/TPR/M/409/ Add.1  
 
- 16 - 
 
  SECTION II: QUESTIONS REGARDING THE GOVERNMENT REPORT  
 
PART 4 – TRADE POLICIES AND PRIORITIES: 4.5 INTELLECTUAL PROPERTY RIGHTS  
 
Page 8 (Paragraph 4.26)  
 
Per the Government Report, "a national intellectual property strategy was developed and 
implemented in 2015 -17, and is now due for review. The objectives of the strategy were: 
(1) effective implementation of IP laws in Tonga for enhanced protection of domestic and foreign 
creations and  innovations, (2) creation of a comprehensive IP legal framework for the protection of 
Tongan creations and innovations in Tonga and globally, and (3) increased use of the IP system, 
with tangible benefits from the exploitation of IP assets in Tonga."  
 
49. Can Tonga provide any information on the implementation of its IP Strategy, including any 
notable achievements to date or stakeholder feedback?  
 
(1)  effective implementation of IP laws in Tonga for enhanced protection of domestic and 
foreign creations and  innovations,  
• Establishment of an IP support service desk  
• Implemented and updated of the WIPO IPAS System  
 
(2) creation of a comprehensive IP legal framework for the protection of Tongan creations 
and innovations in Tonga and globally,  
•  Operationalization o f all IP laws of Tonga  
•  Amendment to Copyright Act 2002 - This amendment aims to ensure that a person 
who infringes a right protected under the Principal Act, by means of a computer 
system, commits an offence  
• Review of integration in to the international I P system and other amendment issues 
are underway.  
 
(3) increased use of the IP system, with tangible benefits from the exploitation of IP assets 
in Tonga."  
• Develop and implement of a national IP awareness programme  
 
PART 6 – TRADE NEGOTIATIONS AND RELATIONSHI PS: 6.1 MULTILATERAL  
 
Page 13 (Paragraph 6.4)  
 
The Government of Tonga indicates it has also been following with interest the Joint Statement 
Initiatives (JSIs) on micro, small and medium enterprises (MSMEs), amongst others. Canada greatly 
appreciates this  interest and looks forward to collaborating with Tonga in the Informal Working 
Group.  
 
50. Could Tonga provide any readily available statistics on the role of MSMEs in Tonga's economy 
and participation in international trade, as follows?   
(i) total numbe r of MSMEs in Tonga;  
(ii) percentage of businesses that are MSMEs;  
(iii) employment profile of MSMEs, e.g., percentage of total employment generated by 
MSMEs; and  
(iv) export and imports by MSMEs, e.g., percentage of all exports and imports for MSMEs, 
total number of MSMEs that are exporting and importing.  
 
Statistics on the role of MSMEs in Tonga's economy and international trade are not readily available.  
The Government has not yet adopted a definition of MSMEs that is consistent across all mi nistries 
and departments.  
 
51. Does Tonga collect statistics on MSME ownership by diverse groups (e.g., women, youth, 
etc.)? If so, could Tonga provide this information?  
 
Tonga does not collect statistics on MSME ownership that is disaggregated by gender o r age.  
 WT/TPR/M/409/Add.1  
 
- 17 - 
 
  52. Does Tonga include provisions in in its Regional Trade Agreements in support of MSMEs in 
cross-border trade, e.g. cooperation, investment? If so, could Tonga provide an overview of these 
provisions?  
 
Tonga has not previously included explicit provisions in its RTAs in support of MSMEs in cross -border 
trade.  
 
  WT/TPR/M/409/ Add.1  
 
- 18 - 
 
  AUSTRALIA  
Report by the Secretariat (WT/TPR/S/409)  
 
2 Trade and Investment Regimes  
2.4 Investment Regime  
2.4.1 Regulatory and institutional framework  
 
Page 31, Paragraph 2.44  
The report states that, following the passage of a new Foreign Investment Act 2020, the MTED was 
reviewing the Foreign Investment Regulations, which include the list of restricted and r eserved 
activities.  
 
53. When will the new Foreign Investment Regulations and the Reserved List and Restricted List 
(as defined in s2 of the Foreign Investment Act 2020) be issued? What changes does Tonga 
anticipate will be made to the current reserved and  restricted activities?  
 
The new Foreign Investment Regulation is currently under review by MTED, at final stages to be 
submitted to Cabinet for endorsement and it is anticipated that all domestic requirements will be 
completed by the end of June 2021.  
 
Significant changes have b een made to the previous reserved and restricted activities, which will 
see more reserved activities open for foreign investment.    
 
These anticipated changes will promote a more conducive environment for foreign investors to invest 
in Tonga.   
 
Report by  the Secretariat (WT/TPR/S/409)  
 
3. Trade Policies and Practises by Measure  
3.3 Measures Affecting Production and Trade  
3.3.7 Government Procurement  
 
Page 58, Paragraphs 3.87 – 3.96.   
 
54. Tonga has identified procurement procedures where domestic prefer ences can be applied. If 
applicable, could Tonga please provide further information on any other measures that form part of 
Tonga's government procurement regulations, where preferential treatment of a domestic supplier 
is allowed, such as to support a min ority group, or procurement measures focused to address social 
or environmental issues (such as sustainable procurement issues).  
 
Regulation 56 of the Public Procurement Regulations specifies that the award criteria for the 
evaluation of bids can include " social or environmental characteristics".  
 
 
  WT/TPR/M/409/Add.1  
 
- 19 - 
 
  JAPAN  
Report by the Government (WT/TPR/G/409)  
 
4 TRADE POLICIES AND PRIORITIES  
4.2 Trade facilitation  
 
(Question 1: Paragraph 4.13, page 6)  
 
55. Japan would like to request Tonga to provide the URL, if it is available, for the result of the 
time release study conducted with the support of the World Customs Organisation in 2020 (Article  7, 
6.1 of the WTO Trade Facilitation Agreement which provides that Members are encouraged to 
measure and publish their average  release time of goods periodically). Japan would also like to 
request Tonga to share with Members how Tonga evaluated the average release time in 2020.  
 
The report on the inaugural Time Release Study conducted for Tonga has yet to be published. It is 
anticipated that this will be completed by April – May 2021.  
 
The Customs Administration of Tonga, with the support of the World Customs Organization (WCO) 
and World bank Group (WBG), has successfully undertaken its first Time Release Study - a project 
on time  measurement of release and clearance of goods according to The World Customs 
Organisation's TRS methodology.  
 
Report by the Secretariat (WT/TPR/S/409)  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.1 Customs proced ures, valuation, and requirements  
 
(Question 2: Paragraph 3.11, page 37)  
 
56. Japan would like to request Tonga to provide a plan, if any, to allow importers to submit 
Customs declarations and supporting documents either electronically or in hard copy, if  any. 
 
Tonga Customs currently operates a Customs automated system known as the Customs 
Management System (CMS). Existing procedures allow importers and exporters to submit either 
electronically or in hard copy. Although this system is currently operationa l only in the Tonga 
Customs head office located at the country's main commercial Port of entry, the Nuku`alofa sea 
port. 
 
The government last year invested in a major ICT Upgrade Project that will enable ICT connectivity 
to all of its Customs Offices natio n-wide. This project is lined up against another major Automation 
upgrade project which is called the ASYCUDA Project. The ASYCUDA Project is funded under 
Development assistance initiatives of the PACER Plus Trade Agreement which Tonga ratified in 2020.  
 
Both the ICT Upgrade Project and the ASYCUDA Project are expected to be completed within the 
span of 18 -24 months.  
 
  WT/TPR/M/409/ Add.1  
 
- 20 - 
 
  NEW ZEALAND  
REPORT BY THE WTO SECRETARIAT (WT/TPR/S/409)  
 
SECTION 4.2 Mining and Energy / Section 3.3.1.1 Taxation and Fiscal Incentives  
WT/TPR/S/409, page 47, paragraphs 3.47 -3.48  
WT/TPR/S/409, page 75, paragraphs 4.54 -4.56  
WT/TPR/G/409, page 14, paragraphs 7.3 -7.4 
 
Background  
 
WT/TPR/S/409, page 47, paragraphs 3.47 -3.48 note that the following fuels are exempt from excise 
tax: fuels and lubricants used in international air transport and for domestic commercial air and 
shipping services; fuel for use by the National Electricity Authority for generation of electricity; and 
fuel for use in independent communal electricity and wat er schemes. It also notes Tonga maintains 
a fuel subsidy known as the fuel concession scheme, under which fuel is exempted from, inter alia, 
the excise tax for users in the fisheries sector.  
 
WT/TPR/S/409, page 75, paragraphs 4.54 - 4.56 note Tonga remains  heavily dependent on 
petroleum imports to meet its energy needs for electricity and transportation. It also provides details 
about the 2009 Tonga Energy Road Map (TERM) 2010 -2020, and the Tonga Energy Efficiency Master 
Plan (TEEMP), endorsed by Tonga's Ca binet in September 2020.  
 
57. New Zealand commends Tonga for its efforts to reduce its dependency on fossil fuels through 
increased energy efficiency and improved supply chains, via the 2009 Tonga Energy Road Map 
2010-2020 and the complementary Tonga Energ y Efficiency Master Plan, endorsed by Tonga's 
Cabinet in September 2020. New Zealand also notes Tonga's identified nexus among trade, 
development and the greater unpredictability and frequency of natural disasters as a result of climate 
change (WT/TPR/G/40 9, para 7.3). In light of the increasing international focus on fossil fuel subsidy 
reform as a trade measure, can Tonga share its experiences with its targeted fuel subsidy (the fuel 
concession scheme)?  
 
Whilst the existing fuel concession scheme provides  needed support for specific sector growth such 
as fisheries and also towards small scale community -based electricity schemes, the largest user of 
this scheme over the past decade has been by the National Electricity Authority.  
 
The most significant porti on of revenue forgone from this fuel concession scheme is attributed to 
the National Electricity Authority. In light of government's efforts to reduce reliance on fossil fuels, 
it is working to review in particular the existing concession offered to the Na tional Electricity 
Authority with the hope of aligning them to strategies and goals outlined in its national energy 
efficiency plans.  
 
REPORT BY TONGA (WT/TPR/G/409)  
 
SECTION 4.1.1 Trade Policy and Non -communicable Diseases  
WT/TPR/S/409, page 6, paragraphs  4.9-4.11  
 
Background  
 
WT/TPR/G/409, page 6, paragraph 4.10 notes the "dual track" approach the Government took to 
establish trade policy that aims to recognise and address those items of consumption that are 
particularly significant causal factors in the high rates of non -communicable diseases in Tonga. These 
included unhealthy foods, tobacco and alcohol, with international imports addressed first, followed 
by domestic products.  
 
58. Can Tonga elaborate on its work to establish a trade policy approach to tackling NCDs, and 
provide insight as to the measures in place?  
 
Given the huge negative impact resulting from the high daily consumption of unhealthy foods, the 
Government of Tonga made the decision to use tax on imports as a means of deterrin g the 
consumption of unhealthy foods. Over the years, these policies have seen a decrease in importation 
of some of the targeted unhealthy foods.  WT/TPR/M/409/Add.1  
 
- 21 - 
 
   
Over the last year Tonga Customs has been assisted by the World Bank to develop Tonga's 
first Nutrient Profi le Model. This model will be used by Tonga to review existing tariff policies related 
to the work to tackle NCDs. It will also be used to shape future taxation policies relating to combating 
NCDs.  
 
The Nutrient Profile Model has since been approved by Tong a's Cabinet and the Ministry of Revenue 
and Customs is now working with its key government and private stakeholders to use the Model to 
develop evidence -based trade policies to enhance its work to combat NCDs.  
 
Tonga also has its own National Strategy for Prevention and Control of NCDs with the current one 
for 2020 -2025 is expected to be reviewed and finalized by the Tonga Health Foundation Board. 
However, the last Strategy 2015 -2020 does not have any specific targets but more of general goals 
such as "Redu ction in the incidence and prevalence of NCD"; "Reduction in premature deaths from 
CVDs, Cancer, Diabetes and Chronic Respiratory Diseases"; "Halt the percentage of Diabetes".   
 
One of the recommended avenues to address NCDs is "Fiscal Measures", which alr eady incorporated 
in the NCD Strategic Plan.   Tonga had been working with WHO and World Bank over the years in 
establishing fiscal interventions to address NCDs and its risk factors. So Tonga Government has 
established taxation on the followings:  
• Alcohol b everages  
• Tobacco products   
• Sugar sweetened beverages  
• Foods high in fat, sugars, and salt  
• Subsidies for healthy foods  
 
59. Tonga's report states 99.9% of Tonga's adults are at moderate to high risk of developing an 
NCD. Does Tonga have in place any target p ercentages that it is aiming towards in the coming 
decades?  
 
The nutrient thresholds developed in this Nutrient Profile Model, if successfully implemented will help 
lower nutrient intake volumes from where they are at present down to preferred internationa l health 
standards as follows:  
- A reduction in total fat intake by 15%;  
- A reduction in sodium intake by 63%; and  
- A reduction in sugar intake by 40% (WHO's <10%/day guideline) or by 69% according 
to other preferred standard of <5%/day).  
 
Tonga also has its o wn National Strategy for Prevention and Control of NCDs with the current one 
for 2020 -2025 is expected to be reviewed and finalized by the Tonga Health Foundation Board. 
However, the last Strategy 2015 -2020 does not have any specific targets but more of ge neral goals 
such as "Reduction in the incidence and prevalence of NCD"; "Reduction in premature deaths from 
CVDs, Cancer, Diabetes and Chronic Respiratory Diseases"; "Halt the percentage of Diabetes".   
 
SECTION 5.3 Seasonal Offshore Work  
WT/TPR/G/409, pages 10 -11, paragraphs 5.15 -5.20 
 
Background  
 
WT/TPR/S/409, page 11, section 5.3 details the economic importance of regional labour mobility 
schemes, noting also the economic generation and individual opportunities that result from schemes 
such as New Zealand's Recognised Seasonal Employer Scheme.  Reflecting this, paragraph 5.17 
details legislative changes the Government of Tonga undertook in 2020 to help make registering for 
such schemes easier, particularly for those Tongan nationals on th e outer islands.  
 
60. Can Tonga elaborate on the impact of domestic changes made to date to implement the Labour 
Mobility Policy Framework (noting a global pandemic has coincided with the changes) and what, if 
any, further changes are planned?  
 
The Tonga L abour Mobility Policy was adopted by the Tongan government in February 2020 but due 
to the onset of COVID -19, it was not launched until January 2021. The delayed launch has postponed WT/TPR/M/409/ Add.1  
 
- 22 - 
 
  the implementation of the policy such that the bulk of domestic changes w ill not commence until 
FY2021/22.  
 
Nonetheless, efforts have been made to streamline labour mobility supply management processes 
so as to improve efficiency thereby reducing costs to workers and Approved Employers. Through the 
support of the World Bank, m easures have been adopted to enable workers from the outer islands 
to undertake required medical tests and police checks in their respective home islands without having 
to travel to and from the main island. These initiatives, including the procurement of mobile x -ray 
machines for hospitals in the 2 main outer islands of Ha'apai and Vava'u, have allowed savings of 
about TOP1,500 per worker. Workers are also able to spend more time with their families thus 
contributing to reduced opportunities for social pro blems.  
 
The process review provided under the Policy has also put in place measures to improve the quality 
of workers recruited and mobilised by Tonga. These measures include the development of clear 
selection criteria and processes, clarification of Work  Readiness and the adoption of work ready tests 
to facilitate the development of low -skilled and semi -skilled work -ready pools. These developments, 
albeit in their initial phase, have improved the credibility of work -ready pools and are anticipated to 
contribute to increased demand for workers from Tonga.  
 
Over the course of the next four years, the Tonga Labour Mobility Policy Action Plan will guide 
reforms to strategic supply management to meet labour mobility demands while supporting local 
private secto r development; management of social problems and improving worker welfare; 
measures to support worker social and economic reintegration including through the facilitation of 
entrepreneurship and business investments; and improved governance of labour mobil ity including 
through the setup of a Labour Mobility Steering Committee and a regulatory framework for labour 
mobility. These initiatives are anticipated to not only further increase Tongans' access to low -skilled 
and semi -skilled labour mobility opportuni ties overseas, but also enhance the development impact 
of labour mobility in Tonga including through increased remittances and the transfer of skills for local 
private sector development.  
 
SECTION 5 Sectoral Trade Policies / SECTION 5.5.1 Tourism  
WT/TPR/ G/409, page 12, paragraphs 5.28 -5.31 
 
Background  
 
WT/TPR/S/409, page 12, paragraph 5.28 notes that development of the Tongan tourism sector is 
governed by the Tourism Sector Roadmap 2018 -2022 and that the government aims to expand the 
tourism sector from a pproximately 20% (pre -COVID figure) to 30% of GDP.  
 
WT/TPR/S/409, page 12, paragraphs 5.29 -5.30 notes that visitor arrivals into the country were 
reduced to zero due to border closures in response to COVID -19 but the Government has a Tourism 
Crisis Respons e and Recovery Plan, which aims to ensure that the sector is ready to provide safe 
and high quality experiences as soon as borders reopen. The report also highlights Tonga's specialist 
tourism attractions centred around wildlife, marine parks and reserves,  and emphasises protection 
of these sites for tourism revenues.  
 
61. Due to the effects of COVID -19 and associated border closures, when does Tonga consider its 
tourism sector will rebuild sufficiently to the pre -pandemic level of 20% of GDP?  Have any cha nges 
been made to the Tourism Crisis Response and Recovery Plan to account for the expected, 
prolonged, global tourism recovery period?  
 
a) Considering the effects of COVID -19 and its impact on the Tourism sector, Tonga anticipates 
a full recovery to the p re-pandemic level in about 2024 -2025.  To achieve that, all tourism businesses 
must remain operational until the border opens.  The financial support provided by the Government 
is essential in keeping these businesses afloat during this difficult time.  Ho wever, if some of the key 
tourism businesses cease to operate, it will prolong the expected recovery time of our tourism sector.  
Additionally, it will be challenging to attract employees to tourism establishments and building their 
confidence that it is a  safe work environment, given they will be on the front line in dealing with 
visitors.  
 
b) This year and the next two years we will basically focus on adapting to the new norms and 
entering our long journey to recovery.  Health and Safety are of paramount importance to both WT/TPR/M/409/Add.1  
 
- 23 - 
 
  travellers and residents.  It is the responsibility of the Ministry of T ourism through our Response and 
Recovery Plan to build and restore the confidence of travellers to choose Tonga as their next safe 
holiday destination and for residents to have confidence in our health system and mechanisms put 
in place to minimise the ris k to the wider population, when we will welcome visitors to our island.  
 
c) Our Crisis Response and Recovery plan consists of 6 Pillars, namely: 1) Health & Safety, 
2) Border Management, 3) Business Readiness, 4) Financial Support, 5) Marketing & Promotion  
6) Communications. All pillars are interrelated and must take into account the nature and level of 
impact as well as time needed for recovery.  Pillar 3 discusses the importance of capacity building 
for tourism employees and employers, especially in terms  of the digital transformation of how to do 
business, from booking online to contact -less check -in. This knowledge is of paramount importance 
to tourism employees in this era. Pillar 4 highlighted the importance of financial support from the 
Government thr ough a stimulus package and low interest loans. Pillar 5 is very important in 
identifying and rolling out key marketing messages about Tonga to ensure that potential consumers 
think about Tonga and eventually choose Tonga as their next safe holiday destina tion. 
 
62. Does the Tourism Response and Recovery Plan take into account increasing visitor awareness 
and expectations surrounding the environmental impacts of tourism, particularly when Tonga has a 
vast array of tourism attractions centered around the nat ural beauty of the Kingdom?  
 
The Tourism Response and Recovery Plan solely focuses on our effort to recover from the COVID -19 
through adapting to the new norms and ensuring the safety of both visitors and residents while 
enjoying the beauty of Tonga. We un derstand the increasing interest of tourists on environmental 
friendliness and protecting the environment, but Government efforts in those areas are already 
reflected in Regulations and Policies of the Ministry of Tourism as well as other line ministries s uch 
as Regulations for Whale Watching and Swimming, Environment Management and Environmental 
Impact Assessment.  
 
SECTION 5 Sectoral Trade Policies / SECTION 5.6 Offshore Mining  
WT/TPR/G/409, pages 12 -13, paragraph 5.32  
 
WT/TPR/G/409, page 12, paragraph 5.32 notes there has been "lively debate" regarding the social 
and environmental consequences of seabed mining – and possible mitigation measures. It also notes 
the Government has used the pandemic period to engage with civil society on these mat ters. 
 
63. Can Tonga elaborate on some of the issues being raised at the national level, and – if 
appropriate – share any insights gleaned from discussions with civil society to date?  
 
The principal issue relates to the environmental impacts of deep -sea mi ning — with civil society 
calling for a moratorium on such activities, arguing that the environmental impacts are unknown 
and therefore proper environmental impact assessments, research and studies should be conducted 
prior to any deep sea mining activitie s being carried out.  
 
64. We are pleased to see that the Government of Tonga is focused on monitoring and evaluating 
the impacts of offshore seabed mining. We are interested to know more about its next steps to 
ensure the social and environmental impacts o f offshore mining are addressed, and mitigated?  
 
Tonga has developed a sound legal and policy framework with the Deep Sea Mining Act, which 
provides for detailed, prescriptive provisions for environment impact assessments. Tonga is building 
its capacity in  this regard through its engagement with various technical and scientific organisations 
who provide training, information and advice on the impact of deep sea mining.  
 
  WT/TPR/M/409/ Add.1  
 
- 24 - 
 
  CHINA  
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
 
Page 7 , Para.2  
 
Tonga launched a comprehensive tax reform aimed at increasing revenue.  
 
65. Please elaborate on the contents and effects of the tax reform of Tonga.  
 
In recognition of the numerous fiscal challenges that it faces, Tonga conducted reviews and studies 
into its exi sting fiscal policies. This work identified that the revenue foregone due to tax exemptions 
was sizeable that has continued to increase substantially each year since its inception.  
 
Page 7 , Para.5  
 
FDI inflows were primarily channelled into services, notab ly professional services and tourism, 
followed by manufacturing/processing activities.  
 
66. Could Tonga please provide specific FDI data by origin countries and industries respectively?  
 
COUNTRY  NO INVESTORS  Activities  
Australia  142 Services, Tourism, Professional Services  
Bangladesh  29 Services, Import, Retail (selling of 
clothes)  
China  227 Services, Construction, Tourism, 
Manufacturing/Processing, Import,  
Fiji 53 Services, Tourism, Import, Export  
New Zealand  145 Tourism, Services, Construction  
USA 152 Tourism, Services, Other, Professional 
Services  
UK 30 Tourism, Services, Professional Services  
Other (Vanuatu, Samoa, Canada, 
India, Ukraine, Sweden, France, 
Germany, Italy, South Africa, 
Switzerland, Philippine s, 
Chinese  Taipei , Japan, Denmark, 
Korea, Spain, Mexico, 
New Caledonia, Austria, France, 
Indonesia, Netherland s) 170 Services, Tourism, Other, 
Manufacturing/Processing, Export,  
 
67. Could Tonga refresh FDI statistics as well as disclose the data to the public annually?  
 
The Business Registry Division of the Ministry of Trade and Economic Development shares 
information for Foreign Direct Investment in terms of Name of Business, Country of Origin, activity 
and number of investors per business with the Tonga Depar tment of Statistics on a yearly basis to 
assist in preparation of their reports.  
 
Page 8, Para. 10 
 
Import licensing requirements continue to be used mainly for national security, public safety, health, 
and environmental reasons. Non -automatic licensing re quirements apply on a number of imports 
(e.g. medicines, alcoholic beverages, tobacco, and cigarettes). The legal instruments governing 
restricted imports are not consolidated, and the granting of licences is administered by several line 
ministries and gov ernment agencies. According to the authorities, an import ban on lamb and mutton 
breast meat was implemented on 1 July 2020 to discourage unhealthy lifestyles. No legal and 
institutional framework for the application of contingency measures exists.   
 
68. Please elaborate on the main contents and considerations of the import licensing system.  
 
Import business licensing covers all product types except products which breach the Consumer 
Protection Act [Cap.17.04] and Consumer Protection (Product Safety and Labelling Standards) 
Regulations [Cap.17.04.01]. A single Import Business Licence can be uti lized to permit the WT/TPR/M/409/Add.1  
 
- 25 - 
 
  importation of all product types relevant to the business activities registered under the venture in 
the Business Licence Registry.  
 
The system applies to all goods regardless of their originating country.  
 
The Import Business Licensi ng is not in any means intended to restrict the quantity or value of 
imports but rather to enforce compliance of all importing businesses to relevant ancillary legislations 
including the Consumer Protection Act [Cap.17.04] so as to protect the health and s afety of the 
general public.  
 
Prior efforts to streamline the general licensing system have recommended the strengthening of line 
ancillary legislative enforcements as an alternative to import business licensing.  
 
Import Business Licensing is stipulated under the Business Regulations Schedule 2. The Business 
Licence Act requires the licensing of all business activities listed in Schedule 2 of the Business License 
Regulations including importations, but does not subject any imported product to a dministrative 
discretion.  
 
69. Whether Non -automatic licensing requirements apply to Traditional Chinese Medicine?  
 
Pursuant to the Therapeutic  Goods Act, the definition of "therapeutic goods" include "any herbal 
medicines other than those prepared by Trad itional Tongan Healers" whereby Traditional Chinese 
Medicine applies.  
 
There are licensing requirements applied for the importation of the traditional Chinese medicine and 
has to comply with the Tonga Therapeutic Goods Act 2016.   
 
Page 8 , Para.13  
 
To prom ote investment or achieve social objectives, Tonga maintains some indirect tax and non -tax 
(mostly activity -specific) incentives, involving duty and tax exemptions, preferential credit, and 
targeted subsidies, which are in general very limited in terms of scope.  
 
70. Please specify Tonga's tax policies for encouraging foreign investment.  
 
Tonga currently offers duty and tax exemptions for goods imported for the following sectors as 
follows:  
 
Manufacturing Sector  
Duty and tax exemptions on:  
1. Raw materials for  processing/manufacturing;  
2. Manufacturing equipment and machinery; and  
3. Packaging materials for manufactured products.  
 
Tourism Sector  
Duty and tax exemption of imported goods up to the total Customs value of TOP 500,000 per tourism 
business, provided these  goods relate to the tourism business.  
 
Agricultural Sector  
Please refer to ConsumptionTaxOrder2011Eng (ago.gov.to)  and ORDER -IN-COUNCIL (ago.gov.to)  
for the list of specific exempted from import consumption tax (GST/VAT equivalent). Many of these 
goods are currently  subject to zero import duty.  
 
Fisheries Sector  
Specific fishing equipment and materials for licensed fisheries entities and purposes approved by the 
Ministry of Fisheries. Please refer to Consumption Tax Order 2013 (ago.gov.to)  for the specific goods 
that are exempt. Many of these goods are currently subject to zero import duty.  
 
Public Domestic Transport Sector (Air & Sea)  
The following are exempt from import duties and taxes:  
1. Fuel;  
2. Lubricants;  WT/TPR/M/409/ Add.1  
 
- 26 - 
 
  3. Aircrafts;  
4. Vessels; and  
5. Aircraft and vessel parts.  
 
Infrastructure Development Sector  
Heavy machinery and specific building materials required for infrastructure development are exempt 
from import duty.  
 
Page 23 , Paragraph.2.11  
 
The private sector m ay interact with government agencies and influence the legislative process 
through associations such as the Tonga Chamber of Commerce and Industry Inc. (TCCD), the Tonga 
Small Business Association, the Tonga Law Society, and the Tonga Society of Accountant s. 
 
71. Could foreign invested enterprises interact with government and influence the legislative 
process through aforementioned agencies? If they can, are there any regulation for foreign invested 
enterprises when taking part in this kind of interaction?  
 
Foreign Invested Enterprises can interact directly with relevant government agencies and submit 
their written concerns, or can do so through associations such as the TCCI and others.  
 
In terms of influencing the Legislative process, this can be raised via  the relevant government agency 
through their Minister or the Foreign Invested Enterprise can engage directly through the 
consultation process which parliament holds for stakeholders.   
 
At present there are no regulations which regulate the conduct of For eign Invested Enterprises in 
engaging in this process.  
 
Page 51 , Para.3.58  
 
On May 2020, the MTED launched consultations with stakeholders from both the public and private 
sectors on TBT measures with the goal of collecting information to develop a catalogue containing 
all standards, technical regulations, and conformity assessment procedures that are currently being 
applied (including international standards that are being adopted as a reference).  
 
72. When will this catalogue containing all standar ds, technical regulations, and conformity 
assessment procedures be completed? How to access the catalogue if it is completed?  
 
At the moment 70% of the work towards the catalogue is completed. The remaining percentage, 
including further consultations, is r equired to verify the current state of the catalogue before it can 
be published. If Tonga secures technical expertise to assist in the verification process we would be 
looking to have this work completed towards the end of this year.  
 
Page 51 , Para.3.58  
 
The MTED is also conducting, together with Standards Australia, the Indo -Pacific Digital Trade 
Standardisation Initiative to, inter alia, strengthen Tonga's participation in international standard 
organizations (e.g. the International Organization for Stan dardization and the International 
Telecommunication Union), establish a technical committee to coordinate Tonga's standards 
development programme, develop a trade standards strategy, and prepare a bill or regulation for 
the establishment of an independent National Standards Body.  
 
73. What are the states parties to the Indo -Pacific Digital Trade Standardisation Initiative?  
 
Together with Standards Australia, the following countries are participating in the Indo -Pacific Digital 
Trade Standards Initiative: Ba ngladesh, Bhutan, Fiji, Nepal, Papua New Guinea, Samoa, 
Solomon  Islands, Sri Lanka, Tonga and Vanuatu.4 
 
 
4 More information is available from https://www.standards.org.au/engagement -
events/international/indo -pacific -digital -trade . WT/TPR/M/409/Add.1  
 
- 27 - 
 
  Page 54 , Para.3.71 -3.74 
 
Tonga does not have a dedicated legal and institutional framework governing competition policy and, 
...namely the Protection Against Unfair Competition Act, the CPA, the Financial Institutions Act, and 
the Industrial Property Act.  
Most of competition -related provisions are found in the Protection Against Unfair Competition Act 
(last amended in 2008), .... The Industrial Propert y Act includes a section on unfair competition 
(Section 34).  
Tonga does not have a competition enforcement agency or regulator. ...The Act also includes 
provisions on enforcement and sanctions that can take the form of a fine and/or imprisonment 
(Sections 30-34 of the CPA).  
According to the authorities, Tonga acknowledges the need for a competition Policy but has not been 
able to develop it yet.  
 
74. Has the Division of Consumer Affairs of the MTED investigated or dealt with monopoly cases 
in accordance wit h such laws as the Protection Against Unfair Competition Act and the CPA?  
 
The data for investigations on monopoly cases is not available.  
 
75. Does Tonga have any plan to enact an anti -monopoly law? If so, is there a specific legislative 
schedule?  
 
Tonga at present does not have immediate plans to enact an anti -monopoly law, but will keep this 
legislative area under review.  
 
Page 61 , Para.3.99  
 
Tonga's legal and regulatory framework for intellectual property (IP) did not experience any major 
changes between 2014 and 2020. Its IP regime is mainly regulated by the Industrial Property Act 
(IPA), the Copyright Act (CA), the Protection of Geographical Indications Act (PGIA), the Protection 
of Layout -Designs (Topographies) of Integrated Circuits Act (PLDICA ), and the Protection Against 
Unfair Competition Act (PAUCA), and their regulations (when available) (Box 3.3).  
 
76. Could Tonga specify relevant provisions on entities of application, application procedures, 
identification criteria and protection measures  for geographical indications in the Protection of 
Geographical Indications Act (PGIA)?  
 
(a) Entities of application: Any natural person, competent authority or legal entity carrying on an 
activity as a producer in a specific geographical area.  
(b) Applica tion procedure: Foreign application must be lodged through a local agent (legal 
practitioner — the list of agents can be obtained from the IP Office), and the power of attorney 
must be accompanied with the application form. Also, the form must be filled in  Tongan or 
English. Other than that, an English version is required to be submitted together with the 
application.  
(c) Criteria: The application must meet the following:  
Section 7:  
(i) indications must meet the definition of geographical indication  
(ii) not contr ary to public order or morality  
(iii) must be protected in their country of origin  
Section 9(2)  
The applicant (any natural person, competent authority or legal entity carrying on an activity as a 
producer in the geographical area specified in the application), shall have the right to file an 
application.  
Section 10  
The application form is completed and accompanied with the prescribed fees.  
(d) protection measures: Rights can be enforced through court proceedings. The court may issue an 
injunction, award damages  and grant any other civil remedy or relief as it shall deem fit.  
 
77. Is there any provision on the protection of foreign geographical indications in the Protection 
of Geographical Indications Act (PGIA)? If so, could Tonga provide more details?  
 WT/TPR/M/409/ Add.1  
 
- 28 - 
 
  The Act does not differentiate between domestic and foreign geographical indications, except that 
section 7(c) specifies that the applied indication must be first protected in the country of origin.  
 
Page 62 , Para.3.101  
 
The Intellectual Property Division is responsible for the administration and implementation of IP 
legislation, including the registration of patents, industrial designs, trademarks, utility models, and 
geographical indications.   
 
78. Can Tonga protect geographical indications in ac cordance with the Industrial Property Act 
(IPA)? If so, how to harmonize the geographical indications protected by the Industrial Property Act 
(IPA) and those protected by the Protection of Geographical Indications Act (PGIA)?  
 
Geographical indications can not be protected in accordance with the Industrial Property Act (IPA), 
but only under the Protection of Geographical Indications Act.   
 
PART II: QUESTIONS REGARDING THE GOVERNMENT REPORT  
 
Page 5 , Para.3.10  
 
Non-communicable diseases have reached a critica l level in Tonga. The country has one of the 
highest rates of obesity in the world, and 99.9% of Tongan adults aged 25 -64 are at moderate to 
high risk of developing an NCD. The policy response requires a multi -sectoral approach to address 
all causal factor s, and is led by a taskforce which coordinates the Government's overall response, 
including coordinating the work of subcommittees that focus on physical activity, alcohol, healthy 
eating and tobacco control.  
 
79. Whether TCM has been used for curing these  NCD in Tonga?  
 
No. TCM has not be used for curing NCD in Tonga.  The Government does not use TCM as part of 
the National Strategy for Prevention and Control of Non -Communicable Diseases 2015 -2020.  
 
Page 5 , Para.4.5  
 
The ratification and implementation of PACER Plus is a landmark step for Tonga, and has laid the 
foundation for accession to and implementation of other FTAs — namely the interim Economic 
Partnership Agreement (IEPA) and the Pacific Island Countries Trade Agreement (PICTA).  
 
80. Please provide more information on changes in Tonga's trade volumes and customs duties 
revenues after the signing of PACER Plus.  
 
Tonga has yet to process imports under PACER Plus (Customs has yet to receive applications for 
preferential treatment under PACER Plus) since  the entry into force of PACER Plus, hence there is no 
data to present in respect of this question.  
 
81. What measures has Tonga or is planning to adopt to facilitate the investment capital 
movement, such as deregulating exchange control or reducing foreig n remittance costs?  
 
There are no restrictions on inflow of investment capital into Tonga other than the AML/CFT 
requirements. As stated in the EC Directive, all funds brought from abroad will be allowed to be 
remitted out subject to the submission of bank  confirmation of receipt of funds in Tonga.  
 
Approval is also readily available for repatriation of capital and income to foreign investors up to the 
delegated limits that are allowed to authorised persons. For transfers outside the delegated limits, 
an application is to be made to the Reserve Bank w ith supporting documents outlined in the FEC 
Directive such as the latest audited accounts, Director's resolution, Bank confirmation of receipt of 
capital from offshore, and Sales/Purchase agreements where applicable.  
 
For offshore investment by residents  above the delegated limits, an application to the Reserve Bank 
with supporting documents is required. An agreement will also be required for the investor to 
repatriate their investment back to Tonga should the Reserve Bank direct it. This is mainly for th e 
purpose of safeguarding foreign reserves should they fall to critical levels.  WT/TPR/M/409/Add.1  
 
- 29 - 
 
   
Banks and Foreign Exchange Dealers determine the fees and charges on foreign remittances. With 
the growing number of foreign exchange dealers there is active competition for remittances in the 
market. Innovative products such as digital and online applications for transfers of money also help 
in reducing remittance costs.  
 
Page 8 , Para.4.23  
 
In February 2020, Pacific Island Forum Trade Ministers, including Tonga, endorsed a P acific Quality 
Infrastructure Initiative to promote regional cooperation on standards, metrology, accreditation, 
conformity assessment (testing, certification, and inspection), and other quality -related issues.  
 
82. Please elaborate on the specific measure s for regional cooperation on standards, metrology, 
accreditation, conformity assessment (testing, certification, and inspection), and other quality -
related issues in the Pacific Quality Infrastructure Initiative.  
 
PIFS initiated the Pacific Quality Infras tructure (PQI) Initiative in 2017 given the relevance of quality, 
standards, and conformity assessment for trade. In 2020, PIFS was able to secure funding for the 
PQI project which started in October 2020. Compliance with international quality standards re quires 
access to recogni zed QI services such as testing laboratories and certification bodies. In the Pacific, 
this access has been limited which deeply affects the countries' economic competitiveness, the safety 
of their goods and services, and the qualit y of life of their citizens.   
 
Quality Infrastructure (QI) is generally understood as the system of public and private organisations, 
policies, regulations, and practices needed to ensure the safety, quality, and environmental impact 
of goods, services, an d processes. QI is required for the effective operation of the domestic markets 
in the pacific region and enables access by pacific products to foreign markets. It contributes to 
removal of technical barriers to trade (TBT) through harmonisation and mutual  recognition of 
standards, technical regulations, and procedures for testing and calibration, certification, and 
inspection.  
 
Given the economic and demographic situation of most countries in the Pacific, the creation of a 
regional QI is considered being t he only viable and sustainable option for FICs to access reliable and 
affordable QI services. The size of the FICs in terms of economies and population and the limited 
demand would not justify the establishment of a fully -fledged national quality infrastru cture as this 
would require considerable investments and tie up resources on a long -term basis. A regional QI 
would be particularly beneficial to the smaller FICs with a relatively modest demand for 
quality -related services.  
 
The Pacific QI project support s Forum Island Countries (FIC) in accessing relevant QI services. It is 
doing this by establishing regional frameworks in the key elements of QI. The project will initiate the 
establishment of regional technical committees for standardisation, metrology, a nd conformity 
assessment (focus testing). It will further support technical work such as the development of regional 
standards and the harmonisation of standard operating procedures for calibration and testing, as 
well as quality promotion activities and t he region's representation in regional (Asia -Pacific) and 
international QI organi zations.  
 
  WT/TPR/M/409/ Add.1  
 
- 30 - 
 
  BRAZIL  
Other questions  
 
In view of the revocation of authorization for import of animal products implemented by the 
government of Tonga in July 2020, under the justification of "increased risk for animal pandemics" 
- such as bovine spongiform encephalopathy, avian influenza and African swine fever -, Brazil has 
the following question:  
 
83. a) If, since then, other countries have already been admitted to the list of countries apt to 
export to the country, in addition to Australia, Canada, USA, Fiji, New Zealand, Samoa and Vanuatu 
(originally exempt from the ban);  
 
The revocation of authorization is no longer in effect (see below).  
 
84. b) Otherwise, in view of  the content of article 2.2 of the SPS Agreement, which postulates 
that a country cannot apply sanitary or phytosanitary measures without scientific justification, and 
that article 2.3 of the said agreement prohibits arbitrary or unjustifiable discriminati on between 
Members in which identical or similar conditions prevail, how would Tonga justify such a measure?  
 
The Government set the revocation of authorisation for import of animal products from certain 
countries on the basis of an increased risk of anima l pandemics, but without due justification. This 
was a procedural error on the part of the Ministry of Agriculture, Food and Forests. It should be 
noted that this decision has already been revoked, effective as of 3 March 2021.  
 
__________