WT/TPR/M/386/Add.1  
 
12 June 2019  
(19-4031) Page: 1/33 
Trade Policy Review Body  
10 and 12 April 2019  Original: English/ anglais/inglés  
 
 
  
TRADE POLICY REVIEW  
SAMOA 
MINUTES OF THE MEETI NG 
Addendum  
Chairperson: H.E. Mr. Manuel A.J. Teehankee  (Philippines ) 
This document contains the advance written questions and additional questions by WTO 
Members, and replies provided by  Samoa .1 
 
 
Organe d 'examen des politiques commerciales  
10 et 12 avril 2019  
EXAMEN DES POLITIQUE S COMMERCIALES  
SAMOA 
COMPTE RENDU DE LA R ÉUNION  
Addendum  
Président : S.E. M. Manuel A.J. Teehankee  (Philippines ) 
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  Samoa .1 
 
 
Órgano de Examen de las Políticas Comerciales  
10 y 12 de abril de 2019 
EXAMEN DE LAS  POLÍTICAS COMERCIAL ES 
SAMOA 
ACTA DE LA REUNIÓN  
Addendum  
Presidente: Excmo. Sr. Manuel A.J. Teehankee  (Philippines ) 
En el presente documento figuran las preguntas presentadas anticipadamente por escrito y 
las preguntas adicionales de los Miembros de la OMC , así como las respuestas facilitadas por  Samoa .1 
 
_______________
                                                
1 In English only/En anglais seulement/En inglés solamente.  WT/TPR/M/386/Add.1  
 
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  TABLE OF CONTENTS  
 
CANADA  ................................ ................................ ................................ ...........................  3 
ICELAND  ................................ ................................ ................................ ..........................  8 
UNITED STATES  ................................ ................................ ................................ ...............  9 
BRAZIL  ................................ ................................ ................................ ...........................  15 
AUSTRALIA  ................................ ................................ ................................ ....................  16 
EUROPEAN UNION  ................................ ................................ ................................ .........  21 
NEW ZEALAND  ................................ ................................ ................................ ...............  24 
KOREA, REPUBLIC OF  ................................ ................................ ................................ ..... 31 
CHINA  ................................ ................................ ................................ ............................  33 
  WT/TPR/M/386/Add.1  
 
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  CANADA  
Report by the Secretariat – WT/TPR/S/386  
SUMMARY  
Paragraph 10, page 7  
The Secretariat Report notes that the 2018 customs tariff has four bands (duty -free; 5%; 8%; and 
20%) with a few exceptions in terms of higher tariffs and non -ad valorem  tariffs. The average applied 
MFN tariff was 11.5% in 2018, virtually unchanged since Samoa 's accession to the WTO. MFN tariffs 
on agricultural products (WTO definition) averaged 15.4% in 2018, ranging from zero to 300%. The 
peak tariff of 300% is levied on turkey tails. MFN tariffs on non -agricultural products averaged 10.7% 
in 2018, ranging fr om zero to 50%. Samoa has bound all tariffs, and generally there is a gap between 
the bound rates and the applied tariffs. In 2018, the applied MFN rates of 20 tariff lines exceeded 
their respective bound rates, including 9 tariff lines that were increased  pursuant to the Customs 
Tariff Amendment Act, 2018.  
Question   
1. Could Samoa explain why the applied tariffs on the 20 tariff lines are higher than the bound 
rates? What measures is Samoa planning to take to ensure compliance with its WTO 
commitments?  
Reply  
Upon accession, Samoa committed that the assistance of the World Health Organization and other 
development partners would be sought to undertake a detailed study relating to the import ban on 
turkey tails; and that the ban on domestic sales of turkey tails  and turkey tail products would be 
eliminated and replaced at that time with an import duty of 100 % or other tax regulation, and the 
recommendations from the study, in conformity with the WTO Agreement.  
The recommendations from the Study on Options for Co ntrolling Nutrition Related Health Problems 
in Samoa 2015  undertaken by the Ministry of Health with the support of the World Health 
Organization  and the Food and Agriculture Organization  include a specific tax of 20% on food items 
high in fat, sugar and sa lt. As such, the Customs Tariff Amendment Act 2018 increased the applied 
rates for tariff lines 0204 and 0207.  
Addressing Non -Communicable Diseases (NCDs) particularly obesity in children, is a national health 
priority as these diseases are among the lead ing causes of morbidity and death in Samoa. It is 
therefore important that trade policy as a tool is available to address these important health issues.  
It is Samoa 's intention to undertake an assessment of the impact of these recent tariff measures on 
the health and consumption patterns of Samoa 's population. The assessment will include 
consideration of Samoa 's WTO commitments.  We seek the support of WTO Members.  
Tariff lines 1207.1000 and 1207.3000 – These two lines were created in the 2012 version of the HS 
and did not exist in the 2007 version which was used during Samoa 's accession negotiations. Samoa 
is using the HS 2012 version and soon the 2017 version. We will consider the corresponding bound 
rates in the Samoa national tariff (HS 2017) for Parli amentary passage by 1 July 2019 . 
The remaining tariff lines 1512.1100 and 8302.3000 - we will also consider the corresponding bound 
rates of the staged liberalization agreed to upon accession, in the Samoa national tariff (HS 2017) 
for Parliamentary passag e by 1 July 2019.  WT/TPR/M/386/Add.1  
 
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  3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3.3 Sanitary and Phytosanitary Requirements, paragraphs 3.56 and 3.57, page 38 and 
paragraph 3.60, page 39  
According to the Secretariat report paragraph 3.56, Samoa has not submitted any SPS not ifications 
since joining the WTO in 2012. However, paragraph 3.60 of the Secretariat report notes that under 
the Food Act, 2015, Samoa adopted the Food (Safety and Quality) Regulations, 2017.  
Question  
2. Can Samoa provide information on next steps regarding how it plans to fully implement its 
SPS transparency obligations, so that future sanitary and phytosanitary regulations are 
notified to WTO Members?  
Reply  
The WTO Secretariat conducted a National Workshop on WTO Notifications in Apia in May 2017 which 
comp iled Samoa 's WTO Notification Action Matrix. On SPS, the matrix referred only to notification 
on an ad hoc basis, of measures not based on international standards. The Central Registry of 
Notifications (CRN) call for Samoa 's Notifications for 2019 dated 11  December 2018 (Reference: 
CRN/calls/2019) also did not contain any reference to SPS. We have recently assessed our SPS 
notification obligations and are now clearer of what is required in that we need to notify changes to 
SPS measures including all relevan t laws, decrees, regulations, requirements and procedures directly 
related to food safety. The CRN has also clarified the process of SPS notification including the need 
for Samoa 's SPS National Notification Authority (NAA) and National Enquiry Point (NEP) to receive 
the Password and Username for the online submission system. Samoa 's SPS NAA and NEP will 
officially request for the Password and Username. Samoa is in the process of notifying the Food Act 
2015 and the Food (Safety and Quality) Regulations 2017 through the CRN.  
 
The plan is to utilize the online SPS notification system in the future. We also take note of the 2017 
National Workshop on WTO Notifications outcomes highlighting the challenges for Samoa including 
the lack of understanding and awareness  on WTO rules and agreements and notification 
requirements.  
 
Samoa intends to request another notification workshop through the WTO TA Programme 2019/ 2020 
which will have a specific session on SPS Notification capacity building for officials.  
3.3.2 Standa rds and other technical requirements , paragraph 3.55 b., page 38  
The Secretariat 's Report noted that a technical regulation on energy -efficiency standards entered 
into force on 5 March 2018 (the Energy Efficiency (Approved energy Using Products Standards) 
Regulations) and was not notified to the WTO).  
Question s 
3. Can Samoa explain why this measure was not notified to the WTO? Can Samoa offer best 
practices in its transition to a paperless IPR Registry?  
4. Can Samoa indicate whether it plans to notify the measure  to the WTO in due course?  
Reply   
The measure was enforced on 5 March 2019. Samoa is in the process of notifying this measure to 
the WTO through the WTO TBT online notification system.  
 
We are considering options on strengthening internal processes and co ordination of all notification 
obligations which are largely complicated and requiring technical support.  WT/TPR/M/386/Add.1  
 
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  3.3.7 Intellectual property  rights , paragraph 3.105, page 48  
The Secretariat 's Report noted that Samoa 's authorities have adopted a paperless IPR Reg istry. 
Question s  
5. Can Samoa clarify whether paper submissions to the IPR Registry may still be accepted, or 
whether the entire IPR Registry is paperless?  
6. Can Samoa offer best practices in its transition to a paperless IPR Registry?  
7. Can Samoa clarify whethe r its IPR Registry and its associated registration systems are all 
electronic and whether they are available online?  
Reply  
Yes, paper submissions to the Intellectual Property Registry of Samoa (IPROS) are accepted.  
The Industrial Property Administrative System "IPAS" is an initiative by WIPO through its IP Offices 
Business Solutions Division. Samoa 's IPAS System was installed in 2013 but was only used as a 
database to collect information for Trade Mark Registration o nly. In 2018, upgrades were installed 
to allow for the processing of applications for all types of industrial properties. The online filing 
feature will be installed in 2020 providing for a full paperless IP registry. The online filing feature will 
allow c lients to file applications electronically.  
The development and set -up of the system is a long and costly process requiring technical expertise 
and necessary equipment. The cost of doing business is a factor and raising awareness and capacity 
of stakeholde rs on how to use the system is required. The system is 70% established and should be 
fully operational by the end of 2020.  
Samoa 's IPR Registry can be accessed at:  
https://www.mcil.gov.ws/onlineservices/ipregistry/iponlinejournals -2/ 
Paragraph 3.106, p age 48  
The Secretariat 's Report notes that IPRs in Samoa are protected under the Copyright Act, 1998; the 
Copyright Amendment Act, 2011; the IP Act, 2011; the IP Amendment Act, 2018; the IP Regulations, 
2015; and the IP Amended Regulations, 2018 (as amended in 2011). The Secretariat Report further 
notes that these Acts have not yet been notified to the WTO, nor has Samoa 's contact points on IP 
issues.  
Question  
8. Can Samoa advi se when it anticipates it may notify the WTO of its IP Acts and associated 
amendments?  
Reply  
TRIPS Notifications have already been submitted for the following Acts: IP Act 2011, IP Amendment 
Act 2018 and IP Regulations 2015.  
References:  
IP/N/1/WSM/1  
IP/N/1 /WSM/2  
IP/N/1/WSM/3  
IP/N/3/WSM/1  WT/TPR/M/386/Add.1  
 
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  Samoa is in the process of notifying the Copyright Act 1998; the Copyright Amendment Act 2011 
and the IP Amended Regulations 2018.  
Table 3.9 Summary of protection of IPRs, 2018, p age 50  
With respect to the table summarizing  the protection of IPRs, the Secretariat notes that on 
geographical indications (GIs), registration of a GI does not provide any exclusive protection for the 
registered owner – producers in that area still have the right to use the GI for their products, a s long 
as their product also has the quality, reputation or other characteristic of the registered GI.  
Question  
9. Can Samoa provide additional details on its laws and policies surrounding the registration and 
enforcement of GIs?  
Reply  
GIs are protected under  the Intellectual Property Act 2011, effective from 1st October 2012. The Act 
provides an option for registration of GIs with the Ministry of Commerce, Industry and Labour (MCIL) 
which is also the agency responsible for enforcement.  
 
https://www.wipo.int/edocs/lexdocs/laws/en/ws/ws020en.pdf  
Question  
10. What rights may be accorded to a registered GI?  
Reply  
Section 100 of IP Act 2011 provides that the effect of registration gives the right  for producers 
carrying on their activity in the geographical area specified in the register to use the registered GI 
in their course of trade with respect to products specified in the register provided that such products 
possess the quality, reputation or  other characteristic specified in the register. It does not give the 
registered owner exclusive rights in the GI.  
The Act prohibits the use of misleading GIs.  It does not permit the use of a GI that suggests a 
product originates from an area where it does  not come from, or that misleads the public as to its 
origin.  
Question  
11. Are there conditions on who may own a GI in Samoa?  
Reply  
Yes, there are conditions on who may own a GI in Samoa as per Section 92 of IP Act 2011. An 
application for the registration of a geographical indication may be made by or on behalf of any of 
the following:  
(a)  persons carrying on the activity as a producer in the geographical area specified in the 
application, with respect to the products specified in the application, as well as a group of such 
persons;  
(b)  a person who, in the course of business, consumes or uses a product to which the geographical 
indication is applied or is to be applied;  
(c)  any organisation established to represent or further the interests of persons refe rred to in 
paragraph (a) or (b).  
 WT/TPR/M/386/Add.1  
 
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  Paragraph 3.116, p age 53  
The Secretariat notes that in 2012, Samoa adopted the National Intellectual Property Strategy, which 
aims to, among other objectives, provide better protection to Samoan traditional knowledge and 
traditional cultural expressions, consistent with existing international norms.  The Secretariat further 
notes that Samoa plans to adopt new legislation on traditional knowledge.  
Question   
12. Can Samoa provide additional information including on next steps relating to its approach to 
the protection of Samoan traditional knowledge and traditional cultural expressions?  
Reply  
The Samoa Law Reform Commission 's 2015 Final Report on the Protection of Samoa 's Traditional 
Knowledge, concluded that there is inadequate protection for Samoa 's traditional knowledge and 
expressions of culture in existing IP laws. The present framework had been developed before TK and 
expressions of culture were considered to be valuable commodities and given formal international 
recognition. The Report recommendations include the development of legislation for the protection 
of Samoa 's TK against misuse and misappropriation and should be consistent with Samoa 's 
international obligations. The Final Report is available on:  
 
https://www.samoalawreform.gov.ws/wp -content/uploads/2018/12/Protection -of-Traditional -
Knowledge -Final-Report -English.pdf  
 
The Ministry of Education, Sports and Culture will take the lead in implementing the 
recommendations of the report which will include consultations with relevant agencies and initiate 
discussions and preparatory work on the development of relevant legislative  frameworks into draft 
laws to reflect the report recommendations.  
 
Question  
 
13. Can Samoa provide additional information on how Samoan traditional knowledge and 
traditional cultural expressions are currently protected, including with respect to any next 
steps on Samoa 's Law Reform Commission 's 2015 Final Report on the protection of Samoa 's 
traditional knowledge?  
Reply  
For IP registration, the IP Act 2011 requires the application for registration of patents, derived from 
a TK, to acknowledge the source of such  TK. 
  WT/TPR/M/386/Add.1  
 
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  ICELAND  
On the occasion of the 11th Ministerial Conference in Buenos Aires more than 120 WTO members 
and observers, including Samoa, launched a joint declaration on women and economic 
empowerment that aims inter alia  at sharing best practices and working together at the WTO to 
remove barriers for women 's economic empowerment and increase their participation in trade. The 
Trade Policy Review provides an excellent opportunity for an exchange of information and best 
practices on gender and trade. Iceland notes with appreciation the chapter on trade and gender in 
the Samoa national report.  
Iceland would like to further ask Samoa whether particular barriers that limit women 's participation 
in trade have been identified in Samoa? What is the participation of women in the Samoa economy? 
Could Samoa provide more information about the Samoa Women Shaping Development Program 
mentioned in the national report? What have been the main elements of the program me? Are there 
any best p ractices or lessons learned that Samoa can share with the WTO membership that other 
countries could learn from?  
Reply  
Women 's involvement in government, policy making or participation in non -Government 
organisations is not restricted by legislation. Women  are engaged in employment at competing 
levels. The composition of the formal employment sector according to the 2018 Employment 
Statistics was 57% male and 43% female. The numbers in leadership positions have been steadily 
growing over the years indicatin g that women contribute immensely to national level decision making 
as well as having the ability to access higher forms of employment including running for Parliament. 
The Public Service Act 2004 mandates employment in the Public Service to be governed by  merit 
and not affected by gender.  
The Samoa Women Shaping Development Program (SWDP) is linked to the regional Pacific Women 
Shaping Development Program. The Program me is to facilitate the implementation of priority 
community -based and related activities which are included in the Samoan Government Community 
Development Sector Program 2016 -2020 in the area of gender equality.  The overarching goal is to 
improve equality in Samoa through a focus on the following areas:  
1. Increased women 's economic empowerment . 
2. Increased participation of women in public life and decision making . 
3. Reduced incidence of gender based violence . 
4. Capacity building . 
Enabling outcomes are:  
1. Increased institutional and technical capacity in gender analysis across Samoan government, 
civil soc iety and private sector organisations . 
2. Increased knowledge and learning on gender equality across Samoan government civil society 
and private sector organisations.  
The timeframe for the SWDP is 2015 -2020. Pending reviews, it is expected a Phase 2 will be designed 
and planned prior to the completion of this Phase.  
One element of the SWDP focuses on strengthening of village governance to further promote gender 
equality and inclusiveness at all levels.  Activities undertaken include the continuous work through  
private public partnership to address and eliminate all forms of violence against women and children, 
increase awareness of legislation and implications of such poor behaviours against women and 
minimize or eradicate poverty in all its forms, spiritual, f inancially and physically.  
The provision of assistance towards women in cocoa planting cooperatives and providing training for 
women to become better managers have enabled women to increase their participation in trade as 
they become more involved in the p lanning, implementation, monitoring and evaluation of their 
cocoa plantations or those of their families.  
  WT/TPR/M/386/Add.1  
 
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  UNITED STATES  
Report by the Secretariat – WT/TPR/S/386  
2 TRADE AND INVESTMENT REGIMES  
2.3.2.2 Pacific Agreement on Closer Economic Relations (PACER) Plus , paragraph 2.15, 
page 22  
The Secretariat Report notes that PACER Plus will enter in force once eight members complete their 
internal procedures.  
Question  
1. When does Samoa expect to notify the Depositary of the completion of its internal procedu res? 
Reply  
Samoa is targeting to complete its internal processes and notify the Depository by mid -2019.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1.1 Customs procedures, valuation, and requirements , paragraph 3.5, page 26  
The Secretariat Report notes that Samoa has yet to make a notification to the Committee on Customs 
Valuation regarding (CVAL Committee) the Agreement on Implementation, Article VII of the GATT 
1994.  
Question s 
2. Could Samoa share why this notification has not been made to date?  
3. Does Samo a have plans for notifying to the CVAL Committee the Agreement on 
Implementation?  
Reply  
The Government is preparing the notification of CVAL laws in accordance with the Decision of the 
Committee on Customs Valuation of 12 May 1995 and Article 22 of the Agr eement of the 
Implementation of Article VII of GATT 1994 . 
Other notifications are being considered. The checklists of issues are complex and require technical 
support and capacity to complete. Samoa intends to request another notification workshop through 
the WTO TA Programme 2019/2020 which will have a specific session on Customs Valuation 
Notification capacity building for officials.  
3.1.3.2 Tariff bindings , paragraph 3.13, page 29 
The Customs Tariff Amendment Act of 2018 reduced the import duty on fresh/chilled turkey tails to 
20%; however, frozen turkey tails were unaffected and left at 300 %. 
Question  
4. Does Samoa plan to lower the import duty on frozen turkey tails in order to reduce the tariff 
gap that currently exists between frozen and fresh/chil led turkey tails?  
Reply  
Upon accession, Samoa 's commitment included the ban on domestic sales of turkey tails and turkey 
tail products would be eliminated and replaced at that time with an import duty of 100 % or other 
tax regulation . The turkey tail tariff  negotiations during accession were on the frozen line 0207.27. 
In implementing the recommendations from the Study on Options for Controlling Nutrition Related 
Health Problems in Samoa 2015 , the applied duty rates for both the frozen and chilled (0207.26) WT/TPR/M/386/Add.1  
 
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  lines were increased as part of governments efforts to reduce access to foods high in fat. The current 
applied rate for the frozen turkey tail line is 100%. The fresh/chilled turkey tail line is inclusive of 
'turkey tail products '. It is the intention of t he Government of Samoa to undertake an assessment 
of the impact of the recent tariff measures on the health and consumption patterns of Samoa 's 
population. The assessment will include consideration of Samoa 's WTO commitments. We seek the 
support of WTO Mem bers . 
Question  
5. Can Samoa explain the rationale behind its decision to establish a 300 % tariff on frozen turkey 
tails? 
Reply  
Addressing Non -Communicable Diseases (NCDs) particularly obesity in children, is a national health 
priority as these diseases are among the leading causes of morbidity and death in Samoa. It is 
therefore important that trade policy as a tool is available t o address these important health issues.  
The 300% was agreed to by Members upon accession of Samoa to the WTO and that Samoa will 
consider alternative measures to the turkey tail import ban. The ban has been lifted and the applied 
rate is now 20%.  
Paragra ph 3.13, p age 29  
The Secretariat Report states that there is a gap between the bound rates and the applied tariffs 
across the board for all product groups, and that the MFN rates of 20 tariff lines exceeded their 
respective bound rates in 2018.  
Question  
6. Does Samoa plan to bring applied MFN rates into compliance with bound rates?  If so, when?  
Reply  
The Customs Tariff Amendment Act 2018 increased the applied rates for tariff lines 0204 and 0207.  
It is the intention of the Government of Samoa to undertake an  assessment of the impact of the 
recent tariff measures on the health and consumption patterns of Samoa 's population, including 
Samoa 's WTO commitments and the implementation of other recommendation from the Study as 
well as the 20% excise tax referred to.  We seek the support of WTO Members.  
 
3.1.5 Import prohibitions, restrictions, and licensing , paragraph 3.31 b ., page 35  
The Secretariat Report notes that Samoa 's cabinet has approved an additional 20 % excise tax on 
food items that exceed certain nutritional thresholds in order to address health and nutrition 
concerns in Samoa.  
Question   
7. Does Samoa intend to implement this additional 20 % excise tax? If so, when?  Would this 
additional 20 % excise tax apply to domestic and imported products equally?  
Reply 
All excise taxes in Samoa are applied equally to domestic and imported goods including future excise 
taxes.  WT/TPR/M/386/Add.1  
 
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  3.3.2 Standards and other technical requirements, paragraph 3.55 b., page 38 and  
3.3.3 Sanitary and phytosanitary requirements , paragraph 3.56,  page 38  
In paragraph 3.56, t he Secretariat Report notes that to date Samoa has not submitted any SPS 
notifications. In addition, in Paragraph 3.55 (b), the Secretariat points out that Samoa failed to notify 
the WTO TBT Committee of a technical regulation on energy -efficient standards that entered into 
force in 2018.  
Question s  
8. Why has Samoa not submitted any SPS notifications to date?  
 
9. Will Samoa file a TBT notification regarding the technical regulation referred to in Paragraph 
3.55(b)?  If so, when?  
 
10. When  will Samoa begin submitting SPS and TBT notifications?  
Reply  
The WTO Secretariat conducted a National Workshop on WTO Notifications held in Apia in May 2017 
which compiled Samoa 's WTO Notification Action Matrix. On SPS, the matrix referred only to 
notific ation on an ad hoc basis, of measures not based on international standards . The Central 
Registry of Notifications (CRN) call for Samoa 's Notifications for 2019 dated 11 December 2018 
(Reference: CRN/calls/2019) also did not contain any reference to SPS. We  have recently assessed 
our SPS notification obligations and are now clearer of what is required in that we need to notify 
changes to SPS measures including all relevant laws, decrees, regulations, requirements and 
procedures directly related to food safet y. The CRN has also clarified the process of SPS notification 
including the need for Samoa 's SPS National Notification Authority and National Enquiry Point to 
receive the Password and Username for the online submission system. Samoa 's SPS NAA and NEP 
will officially request for the Password and Username. Samoa is in the process of notifying the Food 
Act 2015 and the Food (Safety and Quality) Regulations 2017 through the CRN.  
The plan is to utilize the online SPS notification system in the future. We also ta ke note of the 2017 
National Workshop on WTO Notifications outcomes highlighting the challenges for Samoa including 
the lack of understanding and awareness on WTO rules and agreements and notification 
requirements.  
Samoa intends to request another notific ation workshop through the WTO TA Programme 2019/2020 
which will have a specific session on SPS Notification capacity building for officials.  
Yes, Samoa is in the process of notifying the WTO TBT Committee of the technical regulation on 
energy -efficient st andards that entered into force in 2018.  
On SPS, the plan is to utilize the online SPS notification system in the future now that we have a 
better understanding of the process. For TBT, Samoa has already made the following notifications:  
(i) Article 15.2 - Notified to the Central Registry Notifications (G/TBT/2/Add.124); and  
(ii) Acceptance of the Code of Good Practice - WTO ISO Standard Information Gateway  
https://tbtcode.iso.org/sites/wto -tbt/contents/json/158.html  
3.3.6 Government Procurement , paragraph 3.97, page 46 
The Secretariat Report notes that national preferences are generally not allowed in Samoan 
government procurement, though such preferences may be approved, on a case -by-case basis, if 
appropriate and effective. The Secretariat Report notes that foreign participation in Samoan 
government procurement is traditionally significant.  WT/TPR/M/386/Add.1  
 
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  Question  
11. How does Samoa define "domestic " for goods, works, and services for purposes of government 
procurement?  
Reply  
For purposes of government procurement, domestic goods, works and services are defined as those 
manufactured, produced and sourced locally.  
Question  
12. Does Samoa collect statistics  on the specific country of origin of goods, works, and services 
that it procures?  
Reply  
Samoa does not collect statistics specifically on country of origin of goods, works, and services that 
it procures.  
The National Tenders Board database contains only t he list of suppliers, contractors and consultants 
indicating their place of domicile.  
Paragraph 3.104, p age 47  
The Secretariat Report notes that Samoa plans to become an observer to the Agreement on 
Government Procurement (GPA).  
Question  
13. When does Samoa expect to submit its request to participate as an observer to the GPA?  
Reply  
Samoa will need to undertake an assessment as to the benefits of participating in the GPA. This will 
include awareness and capacity building of officials on GPA prior to submittin g a request as an 
observer to the GPA  
 
Samoa notes that recent applications to participate in WTO GPA capacity building activities have 
been declined. Applications for the next Advanced WTO GPA course that will be held in May 2019 
are being considered.  
3.3.7 Intellectual property rights, paragraph 3.116, p age 53  
The Report notes that Samoa has made efforts "to establish a collective management organization 
for copyrights issues and plans to adopt new legislation on traditional knowledge. " 
Question  
14. Please provide additional information on the current status of these two endeavours , including 
(a) the anticipated timelines for each endeavour , (b) the expected method of operation for 
the collective management organization for copyrights issues, and (c) the expected content 
of new legislation on traditional knowledge.  
Reply  
On the collective management organi zation (CMO), consultations undertaken to date by the Ministry 
of Commerce, Industry and Labour with the support of the WIPO has confirmed that a CMO will be 
established. Collaboration with WIPO will continue to the development of TORs for the set -up of the 
National CMO framework including the use of WIPOCOS software. It is anticipated, that the CMO will WT/TPR/M/386/Add.1  
 
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  initially be set -up within the IP Office and later become an independent agency. The CMO is targeted 
to operate in 2021.  
On the content of the new legislation on TK, the Ministry of Education, Sports and Culture has now 
been identified to take the lead in implementing the recommendations of the report which will include 
consultations with relevant agencies and initiate discussions and preparatory work on the 
development of  relevant legislative frameworks into draft laws to reflect the report 
recommendations.  
Follow -up question  
Samoa explained that the new collective management organization is expected to begin operations 
in two years and will be created within the IP Office  and later become an independent agency.  
15. Which rights and for which works is this CMO planned to cover?  
Reply  
The World Intellectual Property Organization is providing support to establish Samoa 's collective 
management organisation for copyrights. WIPO 's support will include the development of TORs for 
the set -up of the National CMO framework which will then determine the rights and works to be 
covered under the CMO.  
Paragraph 3.117, page 53 
The Report identifies the number of international intellectual property conventions to which Samoa 
is a party, including a recent December 2018 accession to the Madrid Protocol.  
Question  
16. Does Samoa intend to join additional WIPO treaties such as the WIPO Copyright Treaty or the 
WIPO Performance and Phonograms Treaty?  
Reply   
Yes. There is intention to join the WIPO Copyright Treaty, WIPO Performance and Phonograms Treaty 
and the Marrakesh Treaty as well as the Patent Cooperation Treaty; Lisbon Agreement (GIs) and 
Hague Agreement (Designs).  
Follow -up question  
Samoa indic ated in its answers that it intends to join the WIPO Copyright Treaty, WIPO Performances 
and Phonograms Treaty and Marrakesh Treaty (as well as the PCT and Lisbon and Hague 
Agreements).   
17. What is Samoa 's expected time frame for ratifying and implementing ea ch of these 
agreements?  
Reply  
Samoa 's expected timeframe to ratify and implement the WIPO Copyright Treaty, WIPO 
Performances and Phonograms Treaty, the Marrakesh Treaty, the Patent Cooperation Treaty and the 
Lisbon and Hague Agreements is 2022.   
4 TRADE POLICIES BY SECTOR  
4.1.1.2 Domestic support , paragraph 4.5, p age 55  
 
The Secretariat Report noted that Samoa has outstanding notifications in the areas of domestic 
support and export subsidies.  
 WT/TPR/M/386/Add.1  
 
- 14 - 
 
  Question s 
18. When does Samoa intend to notify its domestic support from the years 2014/2015 to current 
years?  
19. When will Samoa make its export subsidy notifications?  
Reply  
Agriculture notifications have already been submitted for Domestic Support and Export Subsidies f or 
the following years: 2014/2015/2016/2017.  
Reference:  
G/AG/N/WSM/6  
G/AG/N/WSM/7  
G/AG/N/WSM/8  
G/AG/N/WSM/3  
G/AG/N/WSM/4  
G/AG/N/WSM/5  
4.1.1.4 State -owned enterprises (SOEs) , paragraph 4.11, page 56 
Question  
20. Please identify the types of agricultural produc ts that are produced by the Samoa Trust Estates 
Corporation.  
Reply  
The Samoa Trust Estates Corporation produces cocoa, coconut and vanilla.  
 
4.4.1 Financial Services , paragraph 4.52, page 63  
The Secretariat Report notes that the offshore segment of Samoa 's financial services sector has 
been on a declining trend, with total assets declining between 2005 and 2014.  
Question  
21. What has caused this decline in offshore bank assets?  
Reply   
The reason for the decline in offshore bank assets was mainly due to the decr ease in the number of 
licensed international banks, which in nature operated as captive banks. This downward trend 
continued to drop following the years highlighted in the report (2005 -2014) and as at 31 December 
2018, only two international banks remain l icensed with their aggregated total assets summing to 
USD 24.8 million.  
Year 2005  2006 -2008  2009 -2015  2016  2017 -2019  
Number of banks  9 6 7 4 2 
 
 
  WT/TPR/M/386/Add.1  
 
- 15 - 
 
  BRAZIL  
Report by the Secretariat – WT/TPR/S/386  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade , 3.3.3 Sanitary and phytosanitary 
requirements , 3.3.3.2 Veterinary and phytosanitary measures , paragraph 3.67, page 40  
 
Samoa maintains a "List of Approved Import Commodities " that is based on import risk analysis by 
the Samoa Quarantine Services, according to the authorities. For approved import commodities, an 
import permit or international health/phytosanitary certificate is required. Imports of products, or 
from countries, other than those listed, are prohibited. Beef imports, for example, are permitted 
only from Australia, New Zealand, American Samoa, the United States, Fiji and Vanuatu.  
Question 1  
Could Samoa explain the reasons why Brazilian exports are not included in mo st of the items in the 
"List of Approved Import Commodities "? 
Reply  
The "List of Approved Import Commodities " are approved commodities to be imported into Samoa 
following the import risk analysis (IRA) by the Samoa Quarantine Services (SQS).  
Poultry imports from Brazil are included in the list. An IRA for other Brazilian products destined for 
Samoa will need to be undertaken upon request.  
Question 2  
What would be the procedures to be followed in order to include Brazilian exports in the 
aforementioned  list? 
Reply  
Brazilian exporters are encouraged to apply to the SQS for prior permits for the products they wish 
to export to Samoa.  Brazilian exporters are advised to seek Import Permit advice from SQS and 
through the SPS enquiry point well in advance of any proposed shipping date as, in some cases, 
extensive research will need to be undertaken to assess the potential risks associated with the entry 
of the commodity.  
Samoa 's SPS enquiry point contact details:  
Mr Pelenato Fonoti  
Assistant Chief Executive O fficer 
Ministry of Agriculture and Fisheries  
Apia,  
Samoa  
Telephone:  +(685) 20 924  
Fax: +(685) 20 103  
E-mail: aceo@samoaquarantine.gov.ws  
This can also be found on the WTO SPS Information Management System : 
http://spsims.wto.org/en/EnquiryPointsNotificationAuthorities/Search?countryCode=C882&filter=s
amoa  
 
 
  WT/TPR/M/386/Add.1  
 
- 16 - 
 
  AUSTRALIA  
Report by the Secretariat – WT/TPR/S/386  
1 ECONOMIC ENVIRONMENT  
1.1 Main Features of the Economy , paragraph 1.8, page 11  
 
The WTO report states that in the past the authorities have sought to broaden the tax base and 
reduce operational expenses, and the G overnment of Samoa report (section 5.5) notes changes to 
the Income Tax Amendment Act 2017 and excise duties.  
Question 1  
What measures is Samoa taking to ensure effective implementation of, and compliance with, the 
Income Tax Amendment Act 2017, excise duty changes and other measures introduced to broaden 
the tax base ? 
Reply  
Measures to broaden the tax base include:  
- Removal of the tax exemption on income earned by Ministers of Religion and the Head of State 
through amendment of the Income Tax Act. Extens ive consultations had been undertaken;  
- Activated the Capital Gains Tax. A review was initially undertaken which resulted in the 
removal of the 3 -year timeframe, application of a uniform tax rate and the simplification of 
the formula for calculations;  
- Ceased the investment tax credits as of 30 June 2018 ;  
- An increase but slow uptake by taxpayers of Samoa E -Tax (SET) service for filing and paying 
tax which will contribute to the improvement of compliance and reduce administration costs;  
- Developed the Complia nce Improvement Plan 2016 -2018 to address risks areas and improve 
compliance.  
1.2 Recent Economic Developments , paragraph 1.23, page 15  
The report states that risks to economic performance include the partial withdrawal of correspondent 
bank relationships  by global banks which may disrupt cross border money transfers.  
Question 2  
What impact has de -risking in correspondent banking services had on remittance flows in Samoa?  
Reply  
Following the de -risking in correspondent banking services, the overall volume of remittances has 
been maintained so far, reflecting the substantial share of remittances come from New Zealand and 
Australia; and that money transfer operators ' agents abroad are using alternative means to keep 
their businesses operational. One MTO is fu lly compliant but had to raise its fees to cover for 
increased cost of compliance. And even then, it stills faces de -risking from commercial banks in 
Australia.  
The commercial banks abroad have also lowered their transaction fees for remittance inflows to 
Samoa. However, the effective cost as a percent age of average money sent to Samoa is at least 
about 15 % of the remittance transaction. The average remittance inflow amounts and most 
frequency value is about NZD  200 and AUD  200 from these two respective des tinations.  
The derisking of these respective agents for Samoan MTOs abroad has led to the pressure or threat 
for local banks continuing to do business with MTOs to be under stringent customer due diligence 
by commercial banks abroad or risk losing their c orrespondent banking services abroad.  WT/TPR/M/386/Add.1  
 
- 17 - 
 
  Question 3  
What steps have been taken to address the risk of a decline in access to financial services?  
Reply  
The steps currently undertaken by Samoa to directly address the risk of a decline in access to 
financial services have been in multiple layers such as:  
Short term  
 
i. solicited an international bank to provide a correspondent banking relations with the 
financial institutions in Samoa, but the cost of such service is too expensive and also an 
issue of economies o f scale. i.e. volume of foreign transactions for Samoa is too small and 
too expensive for such financial service to be considered commercially viable;  
Medium term  
 
ii. undertaken the Know Your Customer utilities to improve customer due diligence (CDD) for 
senders and remittances;  
iii. Undertaking the credit bureau database development to improve information sharing for 
lenders and improve the profiles of borrowers as well as assisting with financial inclusion;  
iv. Establishing and implementing the national payment syste m to achieve real time gross 
settlement system for commercial banks and the central bank by installing an automated 
transfer system (ATS) and an Automatic Clearing House (ACH) . 
Medium to Long term  
  
v. Continue to strengthen AML -CFT measures through better an d consistent reporting to 
standard setters like the Asian Pacific Group (APG) on AML -CFT issues and continuous 
monitoring of information from commercial banks and money transfer operators;  
vi. The enhancement of the Financial Intelligence Unit staff capacity b uilding and capability 
through training and hands on experience (ACAMS certified);  
vii. Continue with onsite inspections of MTOs on AML -CFT compliance and on -sites for 
commercial banks for prudential requirements and AML -CFT compliance to minimize 
potential and  associated risks.  
2 TRADE AND INVESTMENT REGIMES  
2.3 Trade Agreements and Arrangements , 2.3.1 WTO , paragraph 2.11, page 20  
 
The report states Samoa has outstanding notification obligations in areas such as domestic support 
and export subsidies in agricult ure and import licensing procedures. Also, it has not notified any of 
its recent TBT and SPS measures (Section 3.3.2).  
Question 4  
 
What progress has Samoa made towards providing outstanding WTO notifications, including seeking 
assistance where required?  
Reply  
 
Agriculture notifications have already been submitted for Domestic Support and Export Subsidies for 
the following years: 2014/2015/2016/2017.  
Reference:  
G/AG/N/WSM/6  
G/AG/N/WSM/7  
G/AG/N/WSM/8  
G/AG/N/WSM/3  
G/AG/N/WSM/4  WT/TPR/M/386/Add.1  
 
- 18 - 
 
  G/AG/N/WSM/5  
 
On SPS, the plan  is to utilize the online SPS notification system in the future now that we have a 
better understanding of the process. For TBT, Samoa has already made the following notifications:  
i. Article 15.2 - Notified to the Central Registry Notifications (G/TBT/2/Add.1 24); and  
ii. Acceptance of the Code of Good Practice - WTO ISO Standard Information Gateway  
https://tbtcode.iso.org/sites/wto -tbt/contents/json/158.html  
Samoa is in the process of not ifying the WTO TBT Committee of the technical regulation on 
energy -efficient standards that entered into force in 2018.  
We take note of the 2017 National Workshop on WTO Notifications outcomes highlighting the 
challenges for Samoa including the lack of understanding and awareness on WTO rules and 
agreements, notification requirements; and the capacity to do so.  
Samoa intends to request another notification workshop through the WTO TA Programme 2019/2020 
which will have a specific session on SPS Notificat ion capacity building for officials . 
2.3.2 Regional and preferential agreements , 2.3.2.2 Pacific Agreement on Closer Economic 
Relations (PACER) Plus , Paragraph 2.15, page 22 
 
The report states that, "by December 2018, PACER Plus had been signed by Australia, New Zealand 
and nine Forum Island Countries, including Samoa. It will enter into force once eight parties have 
completed their internal procedures ". Samoa signed PACER Plus in June 2017.  
Question 5  
Can Samoa provide a timeline for its ratificati on of PACER Plus and a summary of steps?  
Reply  
Samoa is in the process of seeking Cabinet endorsement for ratification. Following approval, Samoa 
targets to notify the Depository by mid -2019.  
Samoa takes note of the recommendations from the legislative rev iew including the amendment to 
the Customs Tariff Act to reflect the schedule of tariff liberalization and the Customs Regulations to 
reflect the Rules of Origin. The timeframe to prepare these amendments for parliamentary passage 
takes into account our ta riff reduction obligations which will commence one year after the agreement 
enters into force.  
2.4 Investment Regime , paragraph 2.26, page 2 4 
The report states that on the World Bank 's Ease of Doing Business Index, Samoa ranked 87th in 
2018, down from 60th in 2012.  
Question 6  
What measures, if any, is Samoa taking to improve its ranking on the World Bank 's Ease of Doing 
Business Index, and how do these measures interact with relevant WTO commitments?  
Reply  
Through the Trade, Commerce and Manufacturing Secto r Plan 2017/2018 -2020/2021, Samoa plans 
to undertake the following activities to improve the business environment and the Cost of Doing 
Business ranking:  WT/TPR/M/386/Add.1  
 
- 19 - 
 
  i. Develop simple business set -up processes and streamline them on electronic platforms.  
ii. Develop of a cen tral registration system for businesses in Samoa which would be used by 
all Government agencies building on the success of the online company registration.  
iii. Review national tariff structure to reduce tariffs on inputs and capital goods for local 
production process and create an investment environment for export  
iv. Implement Samoa 's Trade Facilitation Needs Assessment  
v. Increase interventions aimed at reducing shipping costs  
 
Actions to date include discussions with the ADB Office under the Business Simplification  Package, 
on the establishment of an online platform for registration of all Foreign Investment Enterprises 
similar to the electronic registry of Companies.  
MCIL has streamlined its processes and procedures in place over the years to be in line with funct ions 
of other Line Ministries particularly involved in the processes of setting up a business in Samoa.  One 
of the issues is the time taken to register a Business Licence, the Registries of Companies and 
Intellectual Properties Division of MCIL is working with Business Licence Division of Ministry for 
Revenue to link the 2 Registers to fast track the process ing of Business Licences.  
The enforcement of the Companies Act 2001 and the shift to an online Companies Registry in 2013, 
has enabled Businesses to incorporate/register their companies online; streamlining procedures and 
significantly reduce timeframe and cost for starting a busin ess.  
The World Bank Ease of Doing Business Survey 2018 depicts a significant increase in the trend for 
'Getting Credit ' due to Samoa strengthening access to credit with the implementation of the Personal 
Property Securities Act and by establishing a funct ional, modern, notice -based collateral registry to 
register all types of charges and functional equivalents.  
The development of a Trade Information Portal is being considered as part of Samoa 's TFA and 
PACER Plus implementation.  
3 TRADE POLICIES AND PRACT ICES BY MEASURE  
3.1 Measures Directly Affecting Imports , 3.1.5 Import prohibitions, restrictions, and 
licensing , paragraph 3.31 b., page 35  
 
The report states that recommendations from the 2015 Ministry of Health study entitled 'Replacing 
the turkey tail b an: WTO compliant nutrition policy of Samoa ' have been approved by cabinet.  
Question 7  
What measures have been taken to implement recommendations from the study?  
Reply  
The Customs Tariff Amendment Act 2018 increased the applied rates for tariff lines 0204 and 0207.   
The Study on Options for Controlling Nutrition Related Health Problems in Samoa 2015  also 
recommended the reduction in duty rates for healthier imported food options. The applied import 
duties for fruit and nuts are being recommended for Parliam entary passage by the end of July 2019. 
Vegetable tariff lines may be considered for future import duty reduction.  Consultations and 
assessment of impact on local production will need to be undertaken.   
4 TRADE POLICIES BY SECTOR  
4.4 Services , 4.4.1 Financ ial Services , 4.4.1.1 Banking , paragraph 4.65, page 66  
 
The report states that the Central Bank of Samoa (CBS) regulates money transfer operators (MTOs) 
through a number of laws and regulations which include anti -money laundering and countering the 
financi ng of terrorism (AML/CTF) requirements and compliance.  WT/TPR/M/386/Add.1  
 
- 20 - 
 
  Question 8  
What measures have been taken to enhance the supervisory and compliance frameworks of MTOs 
and their capacity to meet AML/CTF requirements?  
Reply  
The Samoa Financial Intelligence Unit (SFIU ) of the Central Bank of Samoa carries out regular onsite 
inspections for MTOs. The inspection includes the reviewing of AML -CFT policies and procedures, and 
also the testing and checking of AML -CFT system, CDD process, record keeping requirements, 
reporti ng requirement, and other preventative measures;  MTOs compliance also measured through 
the reviewing of reports filed to the SFIU (i.e. suspicious transaction reports, cash transaction 
reports, quarterly returns, etc .) Samoa has also recently amended its AML Legislation (Money 
Laundering Prevention Act 2007) to require all Financial Institutions including MTOs to introduce 
Enhanced Due Diligence checks as required for certain transactions.  
The SFIU coordinates regular meetings with compliance officers of f inancial institutions including 
MTOs to discuss, share and provide updates on AML -CFT progress and compliance . 
Paragraph 4.66, p age 66  
The report states that the cost of money transfer seems to be significantly high, despite growing 
competition in the ind ustry, and the availability of cost -saving technologies.  
Question 9  
What measures is Samoa taking to reduce the cost of money transfer?  
Reply  
The measures that Samoa is pursuing in terms of bringing down the cost of receiving money from 
abroad such as Australia and NZ is to keep money transfer operators (MTOs) in operation while 
improving their AML -CFT compliance and encouraging their use of available cost -saving 
technologies. The cost of the Pacific corridor is still relatively higher than Asia, Latin America and 
the African regions due to the population sizes of the countries and also due to its geographical 
displacement from its source markets.  
  WT/TPR/M/386/Add.1  
 
- 21 - 
 
  EUROPEAN UNION  
Report by the Secretariat – WT/TPR/S/386  
3. TRADE POLICIES AND PRACTICES BY MEASURE  
3.1.1  Customs procedures and requirements, and customs valuation , paragraph 3.4, 
page  26  
 
The Secretariat report indicates that "The WTO Agreement on Trade Facilitation was accepted by 
Samoa on 21 April 2016, and two notifications regarding its Category A, B a nd C commitments have 
been submitted (Section 2.3.1). Since 2016, use of a customs broker upon importation is no longer 
required. Samoa has not yet established a single window. A pilot Authorized Economic Operator 
project is to start in 2019. Samoa does no t apply pre -shipment inspection. There are customs 
regimes for temporary imports and duty drawbacks, as provided for in the Customs Act, 2014. " 
Question 1 
When will Samoa submit its Transparency Notifications to the WTO TFA Secretariat, including that 
on Article 12.2.2 i.e. contact points for the exchange of customs information, so as to allow these 
exchanges to effectively take place with the EU and other TFA members?  
Reply  
Samoa is finalizing its TFA transparency notifications for Category A provisions to  the WTO. On Article 
10.6.2, information on the use of customs brokers is contained in Division 2 of Part 18 of the Customs 
Act 2014, which can be accessed at the following link:  
https: //www.revenue.gov.ws/images/Customs -Act-2014.pdf  
On Article 12.2.2, the contact point for the exchange of Customs information:  
Ms. Matafeo Avalisa Viali -Fautua 'alii 
Chief Executive Officer  
Ministry for Revenue  
P.O Box 44, Apia  
Samoa  
Telephone: +685 21561  
Fax: +685 21563  
E-Mail: aviali@revenue.gov.ws  
 
3.3.2 Standards and other technical requirements , paragraph 3.55 b ., page 38  
This paragraph states that "As far as (non -food) labelling requirements are concerned, regulations 
exist for the following products: b. Equipment subject to mandatory energy efficiency standards – a 
technical regulation on energy -efficiency standards entered into force on 5 March 2018 (not notified 
to the WTO).25 It was adopted pursuant to the Energy Efficiency Act, 2017, and concerns mainly 
the registration and labelling of certain household appliances (refrigerators and freezers; air 
conditioners; and light bulbs). Samoa accepts models that have been registered i n Australia, Fiji and 
New Zealand. This regulation is implemented by the Energy Division of the Ministry of Finance. " 
Question 2 
Could equivalent international/European energy -efficiency labels be recognized by Samoa for 
household appliances?  
Reply  
Yes, equivalent international/European energy -efficiency labels can be recognized by Samoa for 
household appliances if a test report on energy consumption provided is equivalent to New Zealand 
and Australian standards.  WT/TPR/M/386/Add.1  
 
- 22 - 
 
  3.3.3 Sanitary and phytosanitary requireme nts, paragraph 3.56, page 38  
The report indicates that "The MAF is Samoa 's SPS enquiry point. To date, Samoa has not submitted 
any SPS notifications. " 
Question 3 
According to the above paragraph, Samoa has not submitted any SPS notifications to the WTO. 
However, between 2015 and 2017 Samoa has adopted a number of important food regulations (point 
3.60) and expects to adopt others soon (3.63). Will Samoa allow WTO members the opportunity to 
comment on these new regulations?  
Reply  
Yes, Samoa will allow WTO me mbers the opportunity to comment on these new regulations and all 
other regulations related to food safety which will be notified through the SPS notification system.  
3.3.3.2 Veterinary and phytosanitary measures, p aragraph 3.67, page 40  
The report indicat es that "Samoa maintains a "List of Approved Import Commodities " that is based 
on import risk analysis by the Samoa Quarantine Services, according to the authorities. For approved 
import commodities, an import permit or international health/phytosanitary certificate is required. 
Imports of products, or from countries, other than those listed, are prohibited. Beef imports, for 
example, are permitted only from Australia, New Zealand, American Samoa, the United States, Fiji 
and Vanuatu. The list also includes approved active ingredients of pesticides. " 
Question 4 
Can the E U or other WTO members request their inclusion in the approved list, and if so what is the 
procedure?  
Reply  
Yes, the EU and other WTO members can request an IRA for plant and animal products of interest 
for export to Samoa.  
An application for import would need to be submitted to Samoa Quarantine. The minimum time for 
an IRA to be conducted is 6 months, depending on the information provided by the importer, the 
capacity and available resources. The decision to approve the commodity for import into Samoa will  
be based on the outcome of the IRA to ensure commodities coming into the country do not pose any 
threat to our flora, fauna, people, and the economy. Once approved by the Quarantine Export 
Advisory Committee (QEAC), the import requirements will be include d in the Import Permit.  
4. TRADE POLICIES BY SECTOR  
4.4.3 .2 Maritime transport , paragraph 4.86, page 70  
This paragraph notes that "Under the Samoa Ports Authority Act, 1998, the Samoa Ports Authority 
(SPA), an SOE, currently operates five commercial ports,  with Apia Port being the main port of entry 
for international trade and sea travel, and the only port with container handling facilities. Commercial 
functions within the Port are open to private contractors. The services provided by private companies 
include stevedoring, container handling, and major maintenance. They are regulated by the SPA. 
Port cargo storage spaces may be leased by the SPA to private operators, who provide their own 
cargo handling equipment. In accordance with the Act, the SPA licenses  and regulates commercial 
service providers in ports in Samoa. " WT/TPR/M/386/Add.1  
 
- 23 - 
 
  Question 5  
Could Samoa provide more information about the licensing process and whether it distinguishes 
between Samoan and non -Samoan operators?  
Reply  
The licensing process does not discriminate between Samoan and non -Samoan operators.  
  WT/TPR/M/386/Add.1  
 
- 24 - 
 
  NEW ZEALAND  
Report by the Secretariat – WT/TPR/S/386  
1 ECONOMIC ENVIRONMENT  
1.3 Developments in Trade and Investment , 1.3.1 Trends and patterns in merchandise and 
services trade, paragraph 1.26, page  15 
 
The Secretariat 's report, at paragraph 1.26, notes that the composition of Samoa 's exports has 
changed notably during the review period and is heavily concentrated in agriculture after 
manufacturing recorded a large decrease.  
Question  
How is Samoa 's economy responding to the decreased level of domestic manufacturing? What other 
sectors have developed to allow the diversification of Samoa 's export portfolio?  
Reply   
Economic peak growth of 7.1% was recorded in 2015/2016 largely due to the expansion of th e 
fisheries sector and construction including two large hotels and construction related to Samoa 
hosting international events such as the 2015 Commonwealth Youth Games. The economic growth 
rate has since declined mainly due to industry slowdown, with the Y azaki Samoa manufacturing 
plant closure in August 2017. The closure of Yazaki also resulted in the loss of 700 jobs and the 
contraction of the manufacturing sector 's contribution to GDP by 3%.  
Two international NZ companies have now been established at Yaz aki's former premises - Sleepwell 
Samoa International and Fero Wire Cabling.  
Samoa 's merchandise export base has not diversified much since WTO accession. In response to 
declining manufacturing, Samoa relooked at revitalising and enhancing volumes and val ue of 
traditional exports such as coconut and cocoa through support from our partners. New 
manufacturing facilities and equipment have been supported through the EIF Trade Sector Support 
Programme, the EU -funded Pacific Coconut Industry Development and the  New Zealand -funded 
Samoa Cocoa Industry Development Initiative (SCIDI).  The facilities are required to meet 
international trading standards to ensure accessibility to new markets and meeting international 
market demands. The SCIDI has provided technical assistance and best practices for cultivation and 
the revitalization of the cocoa industry.  
Tourism and travel related services are expected to grow further with the completion of the airport 
upgrade works and an increase in the number of airlines and flig hts servicing Samoa. Samoa has 
relaunched its national airline under the Samoa Airways brand.  
Other Government initiatives intended to contribute to export diversification include the development 
of a MSME Policy and a National Industry Strategy/Plan for d evelopment of the private sector which 
should identify and address the challenges that hinder the development of the manufacturing sector 
and include how their competitiveness in the global market can be improved. The New Zealand - 
funded Private Sector De velopment Programme (PSDP) focuses on the development of MSMEs. 
Technical assistance relating to private sector support has also been provided by the Government of 
Australia through the Samoa Governance Support Program.  
Emerging export products to be inclu de bottled spring water, organic cocoa products (pods and 
beans), cigarettes, bananas and beverages (beer).  
The seasonal workers schemes with New Zealand and Australia provide temporary employment 
opportunities including employees of the former Yazaki.   WT/TPR/M/386/Add.1  
 
- 25 - 
 
  Paragraph 1.30, page 17  
The Secretariat 's report at para graph  1.30 and table 1.4, highlight that Samoa 's services exports, 
totalling US D 252.8 million in 2017/18, now far exceed the nations goods trade. This is largely driven 
by the tourism sector which make s up 71% of Samoa 's services trade. The sector continues to 
flourish despite the devastation caused by cyclones Evan and Gita.  
Question  
How does Samoa expect the completion of Cyclone Gita recovery work, the opening of the new 
international airport terminal and the Apia waterfront project will further boost the tourism sector?  
Reply  
These large infrastructure projects are vital inputs to boosting the tourism sector by creating a better 
hospitality environment, to widen the source markets, to increase  the capacities for arrivals, and to 
reduce the sector 's costs.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports, 3.1.1 Customs procedures, valuation, and 
requirements, paragraph 3.4, page 26  
 
Paragraph 3.4 on page 26 state s that Samoa accepted the WTO Trade Facilitation Agreement on 
21 April 2016. We are aware that Samoa also became a signatory to the Revised Kyoto Convention 
(RKC) of the World Customs Organi zation in 2016. RKC is the international Convention on the 
simplification and harmonisation of Customs procedures.  
Question  
Could Samoa explain briefly, by providing a few examples, the benefits it has achieved by accession 
to the Revised Kyoto Convention?  
Reply  
Samoa Customs Modernization Project led to the impro vement of our processes and procedures. As 
such, the Samoa Trade Facilitation Needs Assessment 2015 recommended many provisions that 
Samoa was able to notify as TFA Category A.  Samoa acceded to the Revised Kyoto Convention in 
October 2016 with the process facilitated by Samoa 's modern Customs legislation. Benefits of RKC 
membership include the alignment of Samoa 's customs legislation with international standards; 
modernization of Standard Operating Procedures taking into account international best practice on 
Customs procedures; and capacity building for Customs officials and stakeholders supported by 
Customs New Zealand and the World Customs Organization.  
4 TRADE POLICIES BY SECTOR  
4.1.3 Fisheries, paragraphs 4.16 -4.19, pages 57 -58 
 
Background  
New Zealand i s a key demandeur on fisheries subsidies reform in the WTO.  Fisheries subsidies are 
a serious issue with negative trade, environment and development impacts. Fisheries subsidies can 
contribute to overfishing and overcapacity, which have detrimental environ mental 
impacts.  Subsidies that support illegal, unregulated and unreported (IUU) fishing are a particular 
concern.  
New Zealand 's primary objective is to work towards a substantial outcome on effective fisheries 
subsidies disciplines in 2019 consistent with  SDG Goal 14.6 and the MC11 decision.  
A concern is the competitive relationship between foreign licensed fishers and the domestic sector. 
Table 4.3 suggests that there are significantly more foreign flagged vessels licensed to fish in the 
Samoan EEZ than larger scale Samoan flagged vessels, and that overall the domestic fishing sector WT/TPR/M/386/Add.1  
 
- 26 - 
 
  is not taking up all the available fishing opportunity permitted and hence might not be competitive 
with foreign flagged capacity.  
Questions  
New Zealand commends Samoa for its commitment to ensure full elimination of Illegal, Unreported 
and Unregulated (IUU) fishing, and welcomes Samoa 's support for a successful agreement on 
Fisheries Subsidies in the WTO. Noting the increase of foreign fishing fleets in Samoa 's EEZ, what 
work has Samoa done internationally to try and address fisheries subsidies by partners, particularly 
given the negative impact these can have on the sustainability of Samoa 's fishing industry?  
Does Samoa have any concerns about the future development of its domestic fishing sector – 
especially in larger scale fishing that must compete directly with foreign flagged operators?  Is 
domestic development at risk from subsidies provided to foreign flagged operators?  
Reply   
The foreign fishing vessels that are operat ing in Samoa 's EEZ are flying the flag of sister Pacific 
Island Countries. These Pacific Island countries are equally against fisheries subsidies that negatively 
impact the sustainability of fisheries resources.  
Samoa supports the fisheries priorities adv ocated by the Pacific Group in the WTO Fisheries Subsidies 
negotiations including the:  
- prohibition of fisheries subsidies to apply to large industrial fishing fleets;   
- small scale, artisanal and coastal fisheries of developing states should be exempted by  carving 
out fishing in the EEZ;  
- the right of coastal states in their EEZ in the determination of IUU fishing and overfished 
stocks should not be undermined;  
- exemption of access fees from the scope of the agreement;  
- transparency obligations that should not  be burdensome for small Members with capacity 
constraints;  
- appropriate transition period with technical assistance and capacity building for compliance  
 
Samoa hosted the Mid Term Review of the SAMOA pathway outcome document in 2018 and continue 
to push fo r the implementation of commitments under this international agenda which includes the 
call for action to strengthen disciplines on subsidies in the fisheries sector, including through the 
prohibition of certain forms of subsidies that contribute to over -capacity and overfishing, in 
accordance with the Doha Ministerial Declaration adopted by the World Trade Organization in 2001 
and the Hong Kong Ministerial Declaration adopted by the World Trade Organization in 2005.  
Samoa is a member of the FFA and WCPFC where conservation and management measures for the 
WCPFO are proposed and implemented. Samoa as a member plays an important role in ensuring 
any measure threatening the sustainability of the fisheries in the WCPFO including IUU and related 
matters are reje cted. Through partnership with other Pacific Island Countries and as FFA members, 
Samoa has a strong voice in negotiations and deliberations on any measures proposed.  
Samoa has advocated in a number of regional international events highlighting the importa nce of 
fisheries resources for the Pacific and Samoa including:  
(i) Samoa 's ministerial statement at MC11 on behalf of the Pacific to reduce harmful subsidies 
that threaten the sustainability of the region 's fisheries resources and highlighted the 
importance o f fisheries and the early conclusion of the WTO fisheries subsidies 
negotiations;  
(ii) language in the Rio+20 outcome and in the General Assembly on sustainable fisheries 
resolutions;  
(iii) support the UNCTAD FAO UNEP Joint statement on regulating fisheries subsidie s, focusing 
on implementing the 2030 agenda especially SDG 14.6;  
(iv) 12 voluntary commitments in support of SDG14 at the first UN Oceans Conference held in 
New York in 2017 which focuses on the implementation of SDG14. The commitments 
include enhancing the man agement, protection and conservation of fisheries resources;  WT/TPR/M/386/Add.1  
 
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  (v) Country statement at the first Sustainable Blue Economy Conference in Nairobi in 
November 2018, highlighted importance of the oceans to our small country and the Pacific 
region;  
(vi) promotion of the "Blue Pacific " identity as endorsed by Pacific Leaders of our shared 
stewardship and collective efforts in the regional priority areas including ocean resources.  
The future development of Samoa 's domestic fishing sector, as contained in the Tuna Management  
and Development Plan (TMDP) 2017 - 2021 generally covers (1) the management of tuna resources 
of Samoa, particularly the licensing arrangements for the tuna longline fishery and (2) the future 
development of the tuna industry in Samoa to sustain and maxim ize the economic benefits and 
participation of Samoans in the industry. The Fisheries Management Act 2016 and the TMDP are key 
policy documents guiding the management and development of the fishing industry in Samoa.  The 
priority is to develop the domestic  fleet, so we are able to achieve the Total Allowable Catch 
stipulated by the TMDP.  
Samoa is concerned about the fishing activities occurring in the high seas particularly the southern 
long line fishery where management measures to control fishing activities are relatively weak 
compared to those in the EEZ. The development of the harvest strategy approach to manage key 
tuna stocks by the Western and Central Pacific Fisheries Convention (WCPFC) is progressing. This 
approach will have pre -determined r ules that will apply to WCPFC members to control fishing of key 
tuna stocks at levels agreed to by the WCPFC under Target Reference Points (TRP).   
Samoa established a Commercial Fisheries Management Advisory Committee (CFMAC) comprising 
of representatives from the fishing industry, fish exporters, boat owners and operators as well as 
government ministries.  The CFMAC addresses regional and international arrangements and how such 
are reflected at the national level as well as developing the domestic fisheries  sector.  
Samoa 's support of the Pacific Group priorities including the prohibition of fisheries subsidies to apply 
to large industrial fishing fleets is directly related to the risk posed by these subsidies to the domestic 
fisheries development. When catch es in the southern longline fishery drops, our domestic fleets 
suffer economic hardship while the heavily subsidized foreign fleets are able to move to other oceans 
to fish and return when catches improve.  
Report by Samoa – WT/TPR/G/386  
2 ECONOMIC ENVIRON MENT  
Paragraph 2.4, page 3 and  
6 SECTORAL DEVELOPMENTS, 6.7 Tourism  
Paragraphs 6.29 -6.30, page 11  
 
Paragraph 2.4, on page 3 highlights the importance of services in Samoa, which now accounts for 
approximately 68% of GDP. Para graph  6.29 explains that tourism is one of the key drivers of 
economic growth given the industry 's increasing contribution to GDP, foreign exchange earnings, 
employment and emerging services.  
Question  
How has the Samoa Tourism Sector Development Plan (2014 -2019) enabled growth in this sector? 
Does Samoa plan to renew the Tourism Plan?  
 
Reply  
 
The Samoa Tourism Plan 2014 -2019 has focused on the key priorities towards growth as follows:  
• Marketing and research  
• Business enabling environment  
• Product development  
• HRD training  
• Infrastructure and access  
 WT/TPR/M/386/Add.1  
 
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  The implementation of the Plan has been through a phased approach based on this prioritization and 
through partnerships with a wide range of stakeholders under the coordination of the Samoa Tourism 
Authority.  
The current  plan is under review in order to develop the next sector plan.  
6.4 Information and Communications Technology (ICT), paragraph 6.21, p age 10  
Para 6.21 of Samoa 's report highlights the completion of the Tui -Samoa Cable and the Manatua  
cable and the consequent improvement in reliability, accessibility and affordability of internet 
services.  
Questions  
How does Samoa believe the completion of the Tui -Samoa and Manatua cables will assist in the 
development of the services sector?  
How will the cables enable e -commerce and, with it, ease the constraints of remoteness and cut 
trade costs?  
Reply  
The Tui -Samoa and Manatua cables will deliver affordable high -speed internet access for all 
Samoans, especially those from low income households in rur al communities. The cables will help 
reduce the cost and increase the availability of ICT services to support social and economic 
development in Samoa. The cables are expected to contribute to improved public service delivery 
(including online government s ervices, health and education and financial services); increased 
private sector development opportunities, and reduced transaction costs for businesses and 
individuals; and national and regional integration objectives of improved service delivery, trade an d 
communications between Samoa and the rest of the world.  
The cables are necessary ICT infrastructure for the emergence of e -commerce in Samoa. The 
enabling regulatory environment is being set up. By allowing access to Broadband everywhere at 
radically re duced ICT costs (the same Tui -Samoa cable is said to have cut prices in Wallis and Futuna 
by four), the cable will provide high -speed connection and will bring Samoans closer and cheaply to 
remote countries and territories.  
6.5 Energy , paragraphs 6.23 -6.24, page 10  
Background  
Addressing climate change is an economic response to an environmental problem. Trade and 
economic policies can help or hinder the transformation required to keep temperature rise within 
safe limits. Climate change and policy responses to it inevitably impact international trade, including 
because of production challenges and costs, potential shipping measures and changing consumer 
preferences. Fossil fuel use is a major contributor to greenhouse gas emissions that cause climate 
change.  
Questions  
Samoa plans to reduce its energy imports (particularly diesel) to help meet its Nationally Determined 
Contribution (NDC) under the UN Framework Convention on Climate Change and to increase the use 
of renewable energy. New Zealand commends Samoa f or this focus and is also pleased that Samoa 
has joined a group of other WTO members as a signatory to the Statement on Fossil Fuel Subsidy 
Reform at the Buenos Aires Ministerial Council Meeting.  Do Samoa 's plans to reduce energy imports 
also include reduc ing transport fuels?  
Does Samoa intend to introduce a carbon price into the economy? If so, will this be through a tax 
measure or a cap and trade system?  WT/TPR/M/386/Add.1  
 
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  Reply  
Samoa 's transport sector consumes the largest fossil fuel capacity according to the Samoa Energy  
Sector Review in 2015, in particular, road transport. Accordingly, the Energy Sector Plan 2017 -2022, 
includes Samoa 's intention to reduce the consumption of fossil fuel in the Transport Sector and at 
the same time promote the use of energy efficient vehic les. This is a long term plan as the 
Government recognises that there is much work to be done in this area.  
Samoa does not intend to introduce a carbon price into the economy due to the complexity of the 
process to do so requiring the appropriate technical  resources.  
7.2 Regional Trade Arrangements , paragraph 7.9, page 12  
Paragraph 7.9, states that Samoa is a signatory of PACER Plus.  
Question  
How is Samoa progressing towards ratification of PACER Plus and what is the current estimated 
timeframe for Samoa t o progress all of its domestic processes to enable ratification to take place?  
Reply  
Samoa is in the process of seeking Cabinet endorsement for ratification. Following approval, Samoa 
targets to notify the Depository by mid -2019.  
Samoa takes note of the recommendations from the legislative review including the amendment to 
the Customs Tariff Act to reflect the schedule of tariff liberalization and the Customs Regulations to 
reflect the Rules of Origin. The timeframe to prepare thes e amendments for parliamentary passage 
takes into account our tariff reduction obligations which will commence one year after the agreement 
enters into force.  
Additional question  
Report by the Secretariat – WT/TPR/S/386  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1.3 Tariffs , paragraph 3.13, page 29  
 
The Secretariat report at Paragraph 3.13, states that "the applied MFN rates of 20 tariff lines exceed 
their respective bound rates in 2018. " In the subsequent table (3.3), it 's specified the applied MFN 
rate as at 3 April 2018 for a number of lamb and sheep meat lines is 20% when the bound rate is 
10%.  
Question  
Can Samoa please explain why the applied MFN tariff rate for those products listed in table 3.3, 
particularly lamb and sheep meat products, is above the rate bound during WTO accession?  
Reply  
Upon accession, Samoa committed that the assistance of the World Health Organization and other 
development partners would be sought to undertake a detailed study relating to the import ban on 
turkey tails; and tha t the ban on domestic sales of turkey tails and turkey tail products would be 
eliminated and replaced at that time with an import duty of 100 % or other tax regulation, and the 
recommendations from the study, in conformity with the WTO Agreement.  
The recomm endations from the Study on Options for Controlling Nutrition Related Health Problems 
in Samoa 2015 undertaken by the Ministry of Health with the support of the World Health 
Organi zation and the Food and Agriculture Organi zation include a specific tax of 2 0% on food items WT/TPR/M/386/Add.1  
 
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  high in fat, sugar and salt. As such, the Customs Tariff Amendment Act 2018 increased the applied 
rates for tariff lines 0204 and 0207.  
Addressing Non -Communicable Diseases (NCDs) particularly obesity in children, is a national health 
priority as these diseases are among the leading causes of morbidity and death in Samoa. It is 
therefore important that trade policy as a tool is available to address these important health issues.  
It is Samoa 's intention to undertake an assessment of the imp act of these recent tariff measures on 
the health and consumption patterns of Samoa 's population. The assessment will include 
consideration of Samoa 's WTO commitments.  We seek the support of WTO Members.  
 
  WT/TPR/M/386/Add.1  
 
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  KOREA, REPUBLIC OF  
Report by the Secretariat – WT/TPR/S/386  
2 TRADE AND INVESTMENT REGIMES  
2.3 Trade Agreements and Arrangements, 2.3.1 WTO, paragraph 2.11, page 20  
According to the authorities, Samoa continues to implement its WTO accession commitments within 
the time -frame of 2013 -21, in line with the Working Party Report on the accession of Samoa to the 
WTO.10 Samoa has provided 10 notifications since its accession (Table A2.2). A WTO notification 
workshop was held in Samoa in 2017. While the Government has prioritized th e implementation and 
notifications related to the Trade Facilitation Agreement, it has outstanding notification obligations 
in areas such as domestic support and export subsidies in agriculture and import licensing 
procedures. Also, it has not notified any  of its recent TBT and SPS measures (Section 3.3.2). Samoa 
has never been a party to, or a third party in, any WTO dispute settlement procedures.  
Question 1  
Regarding the implementation and notification related to the TFA, could Samoa please provide its 
plan to notify recent TBT and SPS measures?  
Reply  
The plan is to utilize the online SPS and TBT notification systems in the future now that we have a 
better understanding of the process.  
SUMMARY  
Paragraph 15, page 7 and  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3.4 Competition policy and price controls, 3.3.4.2 Price controls, paragraph 3.77, 
table  3.5, page 41  
 
Samoa has reformed its competition regime with the adoption of a new Competition and Consumer 
Act in 2016. Under this legislation, price contro ls, still in place on basic food and household items, 
are to be lifted after a transition period.  
Pursuant to the Fair Trading Act, 1998, price controls continue to apply, on a transitional basis, in 
the forms of maximum price and a percentage mark -up appl ied to imported and domestically -
produced basic food items. The price control was previously reviewed every three months, to cater 
for the fluctuation of prices due to factors such as foreign exchange rates, and different freight costs 
depending on the cou ntry of origin. Goods subject to price controls are listed in the General Price 
Orders. The most recent version was adopted in April 2018 (Table 3.5). According to the authorities, 
it will remain in force, pursuant to the transitional clauses of the Compet ition and Consumer Act, 
until July 2019.  
Question 2  
According to the transitional clause of the Competition and Consumer Act, the recent version of price 
control on basic food and household items was adopted. Could Samoa please provide a more detailed 
policy of its price controls on basic food and household items?  
Reply  
The General Price Order (GPO) transitioned under the Competition and Consumer Act 2016 is in 
effect until the 3 July 2019. The objective of the GPO is to stipulate maximum prices that a supplier 
may charge for the price of controlled products.  
The Samoa Competition and Consumer Commission is reviewing the price control policy and practice 
based on an analysis of the economic cost -benefits of existing policy, comparative evidence and 
stake holder views. The outcome of this review will determine the way forward including the option 
of the continuation of the price control mechanism before July 2019.  WT/TPR/M/386/Add.1  
 
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  4 TRADE POLICIES BY SECTOR  
4.1 Agriculture, Forestry and Fisheries, 4.1.3 Fisheries, paragraph  4.18, page 58  
Samoa 's licensing regime provides for five classes of Samoa -flag fishing vessels, with a cap on each 
class, as established in the tuna management plan (Table 4.3).13 Foreign investment in domestic 
fishing vessels is restricted to 40% equity (Table A2.1). Category F licences are designated for 
foreign -flagged fishing vessels.14 Samoa has one fishing access agreement since 2015 with a foreign 
company. Under this bilateral agreement, foreign fishing vessels managed and operated by the 
company ar e allowed to fish in Samoa 's EEZ. The agreement also established a facility to process 
and store the catches unloaded from their foreign fishing vessels for export.  
Question 3  
We understand that, currently, only one foreign company has a fishing access agr eement with 
Samoa. Could Samoa please inform us how many foreign companies have applied for fishing access 
agreements since 2015? Also, could Samoa please explain whether or not Samoa will continue with 
its restrictions on foreign investment in domestic fi shing vessels?  
Reply  
One other application has been assessed since 2015. This application was declined following 
background checks and due diligence conducted by MAF. These involve confirmation of records by 
flagged state, good standing from other Regional Fisheries Management  Organizations where the 
vessel operated as well as being registered to operate in the WCPFO.  
Samoa has no plans at this time to change its policy relating to fisheries as contained in the Fisheries 
Management Act 2016 and the Foreign Investment Act 2011.  
  WT/TPR/M/386/Add.1  
 
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  CHINA  
Report by the Secretariat – WT/TPR/S/386  
4 TRADE POLICIES BY SECTOR  
4.4.3 Transport, 4.4.3.2 Maritime transport, paragraph 4.86, page 70  
 
Under the Samoa Ports Authority Act, 1998, the Samoa Ports Authority (SPA), an SOE, currently 
operates five commercial ports, with Apia Port being the main port of entry for international trade 
and sea travel, and the only port with container handling facilities. Commercial functions within the 
Port are open to private contractors.  The services provided by priva te companies include 
stevedoring, container handling, and major maintenance. They are regulated by the SPA. Port cargo 
storage spaces may be leased by the SPA to private operators, who provide their own cargo handling 
equipment. In accordance with the Act,  the SPA licenses and regulates commercial service providers 
in ports in Samoa.  
 
Question  
 
1.  "Commercial functions within the Port are open to private contractors. The services provided 
by private companies include stevedoring, container handling, and major maintenance. " Could 
Samoa please clarify whether the private companies include foreign companies or joint venture 
registered in Samoa?  
 
Reply  
 
Domestic and foreign companies including joint ventures are required to apply for the relevant 
licenses whi ch will be considered by the appropriate authorities.  
 
4.4.3.3 Air transport, page 71  
 
Question  
 
2.  Are there any access restrictions on foreign investment in civil airports? What are the specific 
measures if there are access restrictions? Is there a plan  and timetable for further opening up?  
 
Reply  
 
There are no restrictions on foreign investment in port services, civil airports and domestic maritime 
operations.  
 
Other Questions  
 
3.  Could Samoa please clarify whether the cargo and passenger transportation between the 
islands of Samoa is restricted to domestic enterprises? Is it possible for foreign companies and joint 
ventures registered in Samoa operate domestic transportation in Samoa?  
 
Reply  
 
Domestic and foreign companies including joint ventures are required to apply for the relevant 
licenses which will be considered by the appropriate authorities.  
 
__________