WT/TPR/M/330/Add.1  
 
19 April 2016  
(16-2197)  Page: 1/60  
Trade Policy Review Body 
23 and 25 February 2016 Original: English/anglais/inglés  
 
   
TRADE POLICY REVIEW 
FIJI 
MINUTES OF THE MEETING 
Addendum 
Chairperson: H.E. Mr. Atanas Paparizov (Bulgaria) 
This document contains the advance written questions and additional questions by WTO 
Members, and replies provided by Fiji.1 
 
 
Organe d'examen des politiques commerciales 
23 et 25 février 2016 
EXAMEN DES POLITIQUES COMMERCIALES 
FIJI 
COMPTE RENDU DE LA RÉUNION 
Addendum 
Président: S.E. M. Atanas Paparizov (Bulgarie) 
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 Fiji.1 
 
 Órgano de Examen de las Políticas Comerciales 
23 y 25 de febrero de 2015 
EXAMEN DE LAS POLÍTICAS COMERCIALES 
F
IJI 
ACTA DE LA REUNIÓN 
Addendum 
Presidente: Excmo. Sr. Atanas Paparizov (Bulgaria) 
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 Fiji.1 
                                               
1 In English only/En anglais seulement/En inglés solamente. WT/TPR/M/330/Add.1 
 
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  CONTENTS 
 
CHINA ......................................................................................................................... ..... 3 
THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND 
MATSU ......................................................................................................................... .... 8 
REPUBLIC OF KOREA ...................................................................................................... 16  
AUSTRALIA .................................................................................................................... 18 
CANADA ........................................................................................................................ . 29 
UNITED STATES OF AMERICA ......................................................................................... 30  
EUROPEAN UNION ......................................................................................................... 39  
BRAZIL ........................................................................................................................... 43  
JAPAN ......................................................................................................................... ... 44 
RUSSIAN FEDERATION ................................................................................................... 47  
NEW ZEAL AND ............................................................................................................... 50  
THAILAND ......................................................................................................................  59 
 
 WT/TPR/M/330/Add.1 
 
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  CHINA 
Part I: Questions based on Report  by the Secretariat (WT/TPR/330) 
 Page 13, Para 1.8 
 1.8. Exchange and capital controls were tightened significantly in 2009 following the 20% devaluation of the Fijian dollar.  Since then, some of the exchange restrictions have been 
eliminated. According to the IMF, exchange rest rictions weaken the business climate and dampen 
foreign investment. Remaining restrictions arise from the Fiji Revenue and Customs Authority (FRCA) tax certification requirements on the transfer abroad of profits and dividends, on the proceeds of airline ticket sales, and on the ma king of external debt and maintenance payments 
and from limits on large payments, such as oil im ports and dividends repatriation of foreign banks. 
The Fijian authorities are working with the IMF to  bring these measures in line with requirements 
under the Fund's Article VIII. 
Question 1: 
 Does Fiji have a plan of gradually relaxing exchange rate control? 
Does Fiji have any priority in the projects subject to foreign exchange control like profit 
repatriation? Does it encourage certain kinds of SWAP and inhibit other forms for example? 
Response: 
 
The Reserve Bank of Fiji (RBF) reviews its exchan ge control policy annually and makes appropriate 
relaxations based on the Banks's assessment of external stability vis-a-vis  the need to continue to 
improve investor confidence and attract FDIs.  
 
Fiji does not prioritize any sectors or projects in terms of application of exchange control for profit repatriation. However, all stipulated documentation must be complied with. 
 
There are no restrictions on Swaps and Forward Foreign Exchange Contracts as long as the underlying transaction is approved.  
Page 24, Para 2.25 
 
2.36. Fiji has concluded double taxation agreem ents with Australia, Japan, Korea (Rep. of), 
Malaysia, New Zealand, Papua New Guinea, Singapore, and the United Kingdom, and is negotiating 
similar agreements with India and the United States. 
Question 2: 
 
Please give an update on the negotiation of th e double taxation agreements with India and the 
United States. 
Response: 
 
Fiji has concluded Double Taxation Avoidance Agreement (DTAA) negotiations with India, which was signed on 13 January 2014 and has been in place since 13 February 2014. 
  
Fiji does not have a DTAA agreement with the USA. No negotiations have taken place with regards to the DTAA. 
 
Page 26, Para 2 
 3. Manufacturing (tobacco production) 
A foreign investor must use at least 75% (up from 50% in 2009) locally grown and processed 
tobacco in all domestic cigarette production and must have at least F$500,000 in owner's contribution or paid-up capital for companies in the form of cash from the operational date, to be 
fully brought into Fiji within the implementation period. WT/TPR/M/330/Add.1 
 
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  Question 3: 
 Fiji's government increased the proportion of using local material to 75% in processing cigarettes, which may affect cigarette producers' formula and cigarette flavour. How will the government 
protect the rights and interests of cigarette prod ucers in the future? Has the requirement infringed 
upon the independence of enterprises in their operating?  
Does setting the lowest investment quota hamper the free access and affect fair competition of 
cigarette enterprises? 
Response: 
 
Tobacco production falls under the restricted category of the Investment Regulation. The 
restriction of the use of 75% locally tobacco leaves and minimum investment of $500,000 has been based on the public consultation review undertaken by the Fijian Government in 2009. It was 
introduced to promote the growth of small holder tobacco leaf farmers. 
    The Fijian Trade Policy Framework (FTPF) recogn ises the importance of value addition and 
manufacturing therefore in order to promote value addition and diversification; it targets to 
increase the manufacturing sector's contribution to the Gross Domestic Product (GDP) to 20% by 2020. In this connection, cigarette production contributes to that aggregate target and promotes value addition. 
  
It should also be noted that the Fijian Governme nt does not discriminate in the application of the 
local content threshold.  Whether foreign or local, any company wanting to establish cigarette 
manufacturing business will have to meet the 75% local content threshold. A local content 
threshold is unrelated to independence in the operations of any such company. Nor is the 
minimum investment requirem ent unique or restrictive. 
 
In addition, the review of the restricted categori es is envisaged to be undertaken in 2016 whereby 
after public consultation, the Fijian Government wi ll be informed and will determine the necessary 
policy in order to enhance value adding in Fiji. 
 
Page 31, Para 3.21 
 
3.21. Fiji's simple average applied MFN rate is 11.2% (11.3% in 2009).  Using the WTO definition, 
applied MFN tariffs average 12.5% on agricultural products and 11% on non-agricultural products in 2015 (Table 3.1). Tariff rates range from zero  to 32% without ad valorem equivalents (AVEs), 
while the highest rate including AVEs is 1,257% on certain beverages, spirits and tobacco (Table 
A3.1).  Fiji does not participate in the Information Technology Agreement (ITA). 
Question 4:  
Please explain why a tariff rate as high as 1,257% is imposed on certain tobacco. 
 
Response:  
Non-Communicable Diseases (NCDs) is one of the major causes of death in the Pacific Island 
Countries. The Pacific was declared a NCDs Crisis region in 2011, and NCDs related to tobacco consumption are a large concern. In this regard, the Fijian Government through its Ministry of 
Health in collaboration with the World Health Organization (WHO) provided expertise advice on 
this issue. It is in response to such concerns that the duty rates on tobacco and related products 
are applied at the appropriate specific duty rates.   
Excise rates for both local and imported tobacco and related products continue to be increased on 
a yearly basis to dampen its demand, as a way to boost Fiji's fight against NCDs with an objective of making Fiji a healthier nation. 
 
Page 44, Para 3.71 
 
3.71. The FDB launched its own export credit facility  in December 2007.  It provides pre-shipment 
export finance by way of loans of up to F$20,000 to eligible producers/exporters (excluding traditional exports of sugar, molasses, gold, green logs, and rough unprocessed sawn timber) at WT/TPR/M/330/Add.1 
 
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  concessionary interest rates, currently 6% annually. It also allows eligible exporters to discount 
export bills as a means of obtaining post-shipment export finance. The Government has allocated F$1.5 million to the facility. 
Question 5:  
Beyond using export credit and discount to support local export enterprises, does the FDB provide 
export credit insurance products too?  
Response: 
 FDB does not provide export credit insurance products.   
Page 67, Para 4.74 
 
4.74. The services sector remains the most im portant contributor to the Fijian economy, 
accounting for over two-thirds of GDP in 2014. The main services subsectors are: wholesale, retail 
and repair, financial and insurance activities, accommodation and food services, transport and storage, and information and communication (Tab le 4.2). During the review period, the most 
dynamic subsector was transport and storage. The se rvices sector, led by the tourism industry, is 
a net foreign exchange earner. Services exports accounted for 51.4% of Fiji's total exports (of goods and services) in 2014. 
Question 6:  
What are the laws and regulations upon the conduction of trade in services of traditional Chinese 
medicine from China in the provision modes of  commercial presence and movement of natural 
persons? What restrictions does Fiji impose on the market access of service import in the field? If 
the restrictions exist, does Fiji have a timetable to lift the restrictions? 
Does Fiji publish the data of both import and expo rt of services categorized by sectors? If so, on 
which website is the data available? 
 
Response: 
The Medicinal Products Decree 2011 is the law that  regulates medicinal products in Fiji.  The 
decree defines what a medicine is, and excludes herbal and homeopathic medicines from the scope 
of the Decree. Therefore, if traditional substanc es, including Chinese traditional substances, fall 
under the statutory exemption of homeopathic or herbal substances, then there is no restriction for such substances under the Decree. However, if a substance is not homeopathic or herbal, it 
needs to be registered by the Medicinal Products Board. 
 The Medical & Dental Practitioner Decree 2010 regulates the registration and conduct of all medical 
and dental practitioners in Fiji, thus all persons purporting to be medical practitioners need to be 
registered with the Fiji Medicinal and Dental Prac titioners Board. This includes practitioners who 
offer traditional Chinese medical treatment.  
 
The Fiji Bureau of Statistics does publish data fo r both import and export of services categorized 
by sectors. The information can be found on http://www.statsfiji.gov.fj/. 
 
Page 73, Para 4.94 
 
4.94. Offshore placement of insurance is in prin ciple prohibited, unless approved by the RBF and 
subject to certain minimum requirements. These are established in Section 17 of the Insurance Act 
1998 and further guidelines are provided in the In surance Supervision Policy Statement No. 2, as 
revised in 2009.  Essentially, to obtain approval an applicant must demonstrate that no locally licensed insurer provides the service or, if so, that it is in the "public interest" that the application 
be allowed, or that the local premium is more than 15% of the offshore premium (excluding 
overseas insurance tax). Applicable taxes on offshore insurance placements include a non-resident withholding tax (NRWT) at a rate of 15% and a stamp duty (depending on the class of insurance 
rates vary between 5% and 15%). A fire service levy of 0.06% on the sum insured also applies to 
specific insurance classes. In 2014, the RBF appr oved a total of 1,139 applications valued at 
F$32.5 million for offshore placements. WT/TPR/M/330/Add.1 
 
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  Question 7:  
Please explain the meaning of "offshore placement of insurance" in this paragraph. What are the 
specific judgment standards of it?  
Response: 
 Offshore placement of insurance: The placement of the whole or part of any insurance 
b u s i n e s s ,  a f t e r  a p p r o v a l  b y  t h e  R e s e r v e  B a n k  o f  F i j i  ( R B F ) ,  w i t h  a  p e r s o n  w h o  i s  c a r r y i n g  o n  
insurance business outside Fiji, and is not licensed under the Fiji Insurance Act 1998.   Specific Judgement Standards: Unlicensed insurance companies are not permitted to operate in 
Fiji.   
  S17 (1) of the Insurance Act 1998 states "Subject to this section, no person may place Fiji 
insurance business with an insurer not licensed under this Act."  
 S17(2) of the Insurance Act 1998 states that "A person may apply to the Reserve Bank to place 
the whole or part of any Fiji insurance business with a person who is carrying on insurance 
business outside the Fiji Islands and is not licensed under the Act."  Fiji insurance business is further defined in S2(1) as follows: 
 
"Fiji business" and "Fiji Insurance Business" means any insurance business where the subject matter of the business is situated in the Fiji Islands or in respect of which premiums are ordinarily 
payable in the Fiji Islands and includes: 
 (a) Property that at the time of making the contract of insurance is in the Fiji Islands or in 
transit to or from the Fiji Islands; 
(b) The life, safety, fidelity or insurable interest of an individual who at the time of making the 
contract of insurance is ordinarily resident in the Fiji Islands; 
(c) Insurance business in respect of any vessel, hovercraft or aircraft registered or ordinarily 
located in the Fiji Islands; and 
(d) Insurance business wherever conducted by an insurer licensed under this Act where the 
liability in respect of that business accrues to that insurer." 
 
Part II Questions based on Policy Statement by Fiji (WT/TPR/G/330) 
Page 9, Para 3.5 
 
3.5. Between 2009 and 2014, Fiji continued to pursue trade policy aimed at diversifying into non-traditional exports. Fiji's export markets evidently continued to diversify but still was highly concentrated, with the largest three export market s (Australia, the United States and the United 
Kingdom) accounting for 52% of the export total in 2012, and the largest five export markets (the 
top three plus New Zealand and Japan) accounting fo r almost 70% of the total. Furthermore, three 
of the top four export markets were dominated by  a single commodity: sugar in the case of the 
United Kingdom, mineral water in the case of the United States, and fish in the case of Japan. 
Question 8: Please introduce whether Fiji government has taken measures to change the single commodity 
dominancy in its exports. 
Response: Fiji recognises that trade is vital for a small open economy like Fiji and  requires a targeted 
diversified range of products in order to contribu te to the economic and trade development of the 
economy. In this connection, in order to ensure export diversification of the different range of 
products, the Fijian Government has been very active in marketing Fiji as well as facilitating Fijian exports through securing enhanced market access for Fijian products. 
  
In addition, the Fijian Government developed an ambitious approach in 2015 by putting in place a 
Fijian Trade Policy Framework (FTPF) which seek s to turn Fiji into a vibrant, dynamic and WT/TPR/M/330/Add.1 
 
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  internationally competitive economy serving as the hub of the Pacific. And one of its major 
objective is to transform Fiji into a vibrant, diversified and internationally competitive export-led growth economy, by enhancing the performanc e of the manufacturing and services sectors 
contribution to economic growth, as well as , focusing on other growth areas as stipulated by the 
FTPF.   
 The Government also as part of its trade policy has worked hard towards making the best use of 
international trade, by gradually addressing the issues relating to the country's access to its 
overseas markets and by promoting value added Fi jian made products and services through trade 
missions as well as attracting private investments both domestic and foreign in sectors with growth and export potential. Fiji in addition to maintaining bilateral cooperation mechanisms with 
a number of countries, it also maintains active trade and investment business councils with a 
number of countries such as Australia, China, New Zealand, Papua New Guinea and the United 
States of America. 
 
Further, the Fijian Government recognised that the global commodity export market has become 
very dynamic and where countries especially small economies like Fiji with limited resources and 
limited economies of scale can't compete favourably with large developing and developed countries 
and those with abundant raw material resources. In this regard, Government working closely with the private sector had to refocus its strategy by  creating an enabling environment to promote and 
encourage production of a diversified range of high quality niche products of quick turn-around and 
also concentrating on creating linkages by tapping into the national, regional and global value 
chains by promoting value adding innovative manufacturing.    
To further support the marketing and promotion si de, the Fijian Government has set up, in the 
period under review, new Trade Commissions or Foreign Missions in Abu Dhabi, Brasilia, Jakarta, Port Moresby, Pretoria, Seoul and Shanghai. 
 
These strategies have seen the number of value added export products targeting niche markets 
expand drastically. In the medium to long term, Fiji expects a number of products to consolidate in the different niche markets.  
 
These trade policy interventions have led to Fiji's diversification into various product and services, such as, sports garments, construction products, ICT, audio-visual and manufactured food 
products.  
 
 
 
  WT/TPR/M/330/Add.1 
 
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  THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU 
Part I: Questions regarding the Secretariat (WT/TPR/330) 
 2.  TRADE AND INVESTMENT REGIME 
2.2  Trade Policy Formulation and Objectives 
 Page 19 (Para 2.7, Para 2.8) 
 
Fiji's government has issued the policy of launching the "Fijian Trade Policy Framework (FTPF) 2015-2025" aimed to vitalize her economy and transform her economy into being export-oriented direction, including facilitating arrangements of RTAs or bilateral trade agreements, strengthening 
the development of micro, small and medium-sized  enterprises and emphasizing opportunities of 
market access to position Fiji as a strategic location for global value chains and a hub of the Pacific. Furthermore, as Fiji's government emphasizes market access policy targets as prospect, 
ratifying the Trade Facilitation Agreement and im plementing the "Single Window" clearance system 
are listed in her priorities.   
Question(s): 
 1. As Fiji is also carrying out South-South cooperation to diversify its markets in the Asia-
pacific region, how will Fiji's government promote its South-South cooperation in association 
with the "Fijian Trade Policy Framework (FTPF) 2015-2025" in the near future? 
 Response: 
 
One of the key objectives of the Fijian Trade Polic y Framework is to transform Fiji into a vibrant, 
diversified and internationally competitive export-led growth oriented economy, by enhancing the 
performance of the manufacturing and services sectors contribution to economic growth, as well 
as, focusing on other growth areas in the priority sectors.  
As part of trade expansion strategy in line with the FTPF, milestones and targets have been set 
under market access and trade promotion. Fiji is already closely collaborating with China, India, Indonesia, Japan, Malaysia, Pakistan, Philippines, South Korea, Taiwan, Thailand and others, either 
in the form of Framework Agreement on De velopment Cooperation, Economic and Trade 
Cooperation or Joint Trade and Investment Business Councils.  Government has further expanded its network of Trade Commissions and Foreign Missions for 
trade promotion market diversification strategic purposes with new Missions in Abu Dhabi, Brasilia, 
Geneva, Jakarta, Port Moresby, Pretoria, Seoul, and Shanghai. 
In line with the FTPF, these strategies have seen the number of export products targeting niche 
markets expand substantially. In the near future, we are expecting the number of products to the 
Asian market and other international niche markets to expand. This will also be complemented in fulfillment of the FTPF trade promotion mileston e of promoting and enhancing the competitiveness 
of Fijian products and services in the international markets by organizing at least one dedicated trade and investment mission to current or potential overseas market(s) every year. 
 
Question:  
2. As the "Single Window" clearance system is be ing emphasized as one of the key targets to 
achieve by 2016, please elaborate on the tentative timetable for completion and supplementary measures to be implemented in the near future. 
 
Response: 
 
Fiji created and launched a "Single Window Clearance System" in July 2015. The introduction of the on-line "Single Window Clearance System" is now able to cater for investors throughout the 
world and will improve in setting business in Fiji.   WT/TPR/M/330/Add.1 
 
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  Currently, the on-line services provide investors with the ability to register for Name 
Reservation/Business Registration at Registrar of Companies, attain Foreign Investment Registration Certificate/Approval letter at Investment Fiji, Tax Identification Number (TIN) for business at Fiji Revenue Customs Authority (FRCA) and Issuance of Shares/Partnership Interest at 
Reserve Bank of Fiji (RBF).  
 As part of the on-going requirement in e-Services, Fijian Government through Investment Fiji is 
currently liaising with Information Technology Services Computing Services (ITC) to incorporate 
changes in regulation in the Companies Bills,  fees changes due to Value Added Taxes (VAT) 
reduction and providing a detailed cust omer related communication portal.  
 
I t  i s  e n v i s a g e d  t h a t a g e nc i e s  s u c h  a s  D e p a r t m e n t o f  I m m i g r a t i o n ,  F i j i  N a t i o n a l  P r o v i d e n t  F u n d , 
Department of Land, Maritime Safety Authority of Fiji, i'Taukei Land Trust Board, Department of Fisheries, Department of Mineral Resources, Depart ment of Land and Country Planning, etc. will be 
included in the e-Services for the second stages by end of 2016. Investment Fiji will be required to 
collate requirements/documents of these agencies fo r the creation of the collective form that can 
be incorporated in the existing system. 
 
It is important to also note that the 5-day turnover processing time-line is expected to increase when these agencies are included.  
2.3  Trade Agreements and Arrangements 
2.3.2 Regional Trade Agreements   
Page 24 (Para 2.21, Para 2.22) 
 In September 2014, Fiji joined the Pacific Agreem ent on Closer Economic Relations (PACER) Plus 
negotiations as part of its efforts to secure a long-term preferential market. As PACER being an 
"umbrella" agreement for cooperation on trade and economic integration in Asia-pacific region, one of the goals for the Fiji's government is to facilita te the mobility of Fijian labour in the region for 
Fijian exporters. However, the secretariat report points out that Fiji's overlapping RTAs in force 
which encompasses 41 partners may result in risks of raising business cost and trade diversion 
more than creation.  
Question: 
 3. Please elaborate on how the policy of promoting labour flow in the region shall be facilitated 
under the framework of PACER Plus. 
 Response: 
 
Although labour mobility is being considered  within the overall framework of PACER Plus 
negotiations, it is being negotiated as a separate arrangement outside the PACER Plus Agreement itself. In its current form, it is not legally binding. 
 
Labour mobility arrangement seeks to establish a broad regional framework for labour mobility 
cooperation, as well as enhance labour mobility schemes, including Australia's Seasonal Work 
Program and New Zealand's Recognised Seasonal Employer Scheme to maximize the development 
benefits for the Pacific Island Forum Countries. The arrangement also seeks to promote the utilisation of other labour mobility opportuniti es in Australia and New Zealand for the Pacific 
Islands Forum Developing Countries.  
 With regards to the flow of labour in the PACER Plus region, the Labour mobility arrangement will 
build on the existing labour mobility schemes an d the operation of the arrangement is employer-
driven and subject to labour market demand in the receiving country Participants. Further, the 
arrangement also recognises that the receiving country citizens and permanent residents have the primary right to employment opportunities in their countries.  
 
In terms of facilitation, the Participants will be expected to comply with each other's visa and work permit arrangements. The Participants will endeav our to promote greater use of existing visa 
categories by nationals of the other Participants, including by making information publically 
available on their respective visa and work permit arrangements. Where appropriate, the WT/TPR/M/330/Add.1 
 
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  P a r t i c i p a n t s  w i l l  a l s o  b e  o p e n  t o  c o n s i d e r  r e q u ests by the developing country Participants to 
simplify visa procedures and process visa applications as expeditiously as possible.  With regards to the Movement of Natural Persons,  this is negotiated under the framework of the 
PACER Plus Agreement and negotiations are still on-going. Fiji will continue to advocate for its 
labour mobility interests in the regional markets of interest.  
 Question: 
 
4. As Fiji's government is promoting RTAs, will it make any strategic changes given the potential 
risks of trade diversion? 
 
Response: 
 
The Fijian Government reiterates its full commitment to the DDA process and the multilateral 
trading system and is hopeful that a desired balanced development oriented outcome will be achieved if and only if the entire membership shows full commitment and political will. Notwithstanding, Fiji recognises that with rapi dly developing global markets and the failure to 
conclude the DDA, a multiplicity of RTAs have a capacity of affecting Fiji's trading relationships. 
This has potential to undercut Fiji's direct and cross comparative and competitive edge it has in some of its export markets in terms of favourable and enhanced market access conditions.  
 
In this regard, Fiji will continue undertaking cost-benefit analysis and impact assessments before entering negotiations of any RTA. Fiji is aware of the importance of developing trade relationships 
at a regional level.   
 
Page 23-24 (Para 2.20, Para 2.21, Para 2.22)  
The secretariat report indicates that Fiji joined the Pacific Agreement on Closer Economic Relations 
(PACER) Plus negotiations in September 2014. It also notes that PACER is not a FTA but a framework agreement for cooperation on trade and economic integration between the FICs, 
Australia and New Zealand. The Fiji government aims for a PACER Plus would allow the easing of 
mobility of Fijian labour in the region and larger FDI inflows, and etc. On the other hand, Fuji has a RTA called South Pacific Regional Trade and Economic Cooperation Agreement (SPARTECA) in 
force with New Zealand.  
 Page 10 (Para 34) 
 
The Secretariat report says tourism is the largest single contributor to Fiji's GDP and foreign exchange earnings, with the majority of tourists coming from Australia and New Zealand. Besides, 
the report also notes that Fiji seeks to diversify its source markets and cater for high-end tourism. 
And a new development plan for the sector is currently being developed. 
 Question: 
 
5. Regarding the New Zealand market, please elaborate how the Fiji government is planning to 
take advantage of the two abovementioned c ooperative networks, PACER and SPARTECA, in 
order to further promote Fuji-New Zealand bilateral trade. 
 
Response: 
 
The Pacific Agreement on Closer Economic Relati ons (PACER) is the regional framework agreement 
which provided for regional trade agreement negoti ations once certain conditions were met. The 
negotiations that emanated from PACER are the negotiations now known as PACER Plus 
negotiations. Fiji-New Zealand bilateral trade relations are now being negotiated as part of the 
PACER Plus negotiations.   
Through these negotiations, the Fijian government is seeking to secure meaningful and guaranteed 
enhanced market access seeks to provide a framew ork for our exporters and businesses to expand 
their business into the New Zealand market and other PACER Plus participating countries through 
improved guaranteed market access conditions on a long term and sustainable basis. 
 WT/TPR/M/330/Add.1 
 
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  Our strategic intention is to create an environment and opportunities where our exporters and 
business players could have alternatives to access the New Zealand market either through SPARTECA or PACER Plus. And our expectations are that PACER Plus will provide guaranteed and improved market access conditions over and abov e what we currently have under SPARTECA. This 
is because PACER Plus is giving us an opportunity to sit on the table and negotiate market access 
t e r m s  a n d  c o n d i t i o n s  a n d  w i l l  g o  b e y o n d  t r a d e  i n  g o o d s  a s  i n  S P A R T E C A  b u t  w i l l  a l s o  i n c l u d e  services and investments.  
 
However, it is worth noting that PACER Plus negotiations have not been concluded yet. But our aspirations are that PACER Plus will be a true pa rtnership agreement and will be an instrument for 
development, using trade as a tool for poverty alleviation and job creation. Special and differential 
treatment should be an integral part in all the chapters and market access offers of the 
agreement. This should include delivering on acco mpanying adjustment measures to assist Pacific 
Island Countries to implement the agreement and address some of their infrastructural binding 
constraints as well as address revenue loss and other supply side constraints and also to build and 
strengthen productive capacity.   
The agreement is expected to be an instrument to facilitate further integration of the Fijian 
economy into the global trading system, as well as addressing existing and new challenges of the 21
st century that marginalise small island developing states. Fiji also hopes to see the final 
outcome provide greater flexibility and policy space especially in services and investments. 
 
Question: 
 
6. Since tourism is the largest single contributor to Fiji's GDP, please elaborate how the Fiji 
government intends to export Fiji's tourism services through SPARTECA and PACER Plus?  
 
Response: 
 
It is worth noting that SPARTECA only deals wi th trade in goods. However, our strategy is 
premised on creating strong linkages by promoting some of the top quality Fijian made products to 
tourists in order for them to have an authentic fulfilling Fijian experience. We have already developed strategies in the current draft Fijian Tourism Development Plan (FTDP) which we hope 
to finalise and launch later this year. 
 Further, with respect to PACER Plus, the Fijian Government in addition to creating an enabling 
environment to attract investment in the tourism sector has developed targeted strategies in the 
draft FTDP aimed at boosting Fiji's tourism export as well as enhancing value added services to 
attract tourists not just from within the region but from other high-end potential source markets.    
Fiji hopes that through PACER Plus, it will be able to facilitate investments in the tourism industry 
thereby contributing further to the development of the industry considering the fact the PACER 
Plus region is the biggest contributor to Fiji's tourism industry as well as foreign exchange earnings for the Government. The Fijian Government believes that greater investment in the tourism 
industry will drive long term profitabili ty, innovation and growth in the sector. 
 Question: 
  
7. How have PACER and SPARTECA contributed to your economy? Please elaborate statistically, 
if possible.  
 
Response: 
 
It is worth noting that PACER is not an RTA in itself. It is a framework agreement which provided for the current PACER Plus negotiations. It also included a specific programme of technical assistance and capacity building called the Regional Trade Facilitation Programme, which assisted 
in improving the trading capacity of Pacific Island countries. The increased capacity in national 
agencies on a number of key issues in regards to customs facilitation, quarantine procedures and standards and conformance assessment, will assist in future implementation of concluded RTAs.  WT/TPR/M/330/Add.1 
 
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  Question: 
  8. Please elaborate on the policy direction being formulated for the new development plan 
aimed at high-end tourism.  
 
Response: 
 
Fiji therefore recognises, through the draft Fijian  Tourism Development Plan (FTDP), that high end 
tourism and the development of Fiji as a premium tourism destination in the Pacific, are important aims to achieve. It is envisaged that the finalised FTDP will have strategies to improve current 
visitor yields, improve the value of the Fijian tourism industry which in turn would generate 
greater demand and reduce price sensitivity of tourists coming to Fiji.  
  
3.  TRADE POLICIES AND PRACTICES BY MEASURE 
3.1  Measures Directly Affecting Imports 3.1.9 Sanitary and phytosanitary requirements  
Page 41 (para 3.60) 
 
Imported plants and plant products may require import permits; new commodities also need an 
import risk analysis (IRA) carried out by the BAF. Imports of all fruits and vegetables, cut flowers, 
coconuts, mushrooms, rice and other grains, nuts , and kernels require a quarantine permit and a 
phytosanitary certificate from the exporting country, many of which (e.g. citrus fruit) must be 
treated with methyl bromide in the exporting co untry. Fruit and vegetables must be grown and 
packed in areas at least 80 km from fruit fly infestation areas (currently only applies to Australia) 
or be subject to methyl bromide treatment or be held in cool storage for 14 days at 0°C before 
shipment. All seed imports or plant and plant parts are subject to mandatory IRA. In addition to its 
BQA with New Zealand, Fiji's plant protection legislation covers mandatory biosecurity and quality 
control of exported plant products.  Fiji has deve loped a system approach standard on the entire 
BQA systems pathway in order to address pests of concern and also export quality for chillies, 
eggplants, leafy vegetables, prickly mangoes, and okra to ensure that export-market requirements 
are met. 
Question: 
 
9. Would Fiji please provide information about wh ich plants and plant products require and do 
not require import permits? 
 
Response: 
 
All live plants (in any form) require an import permit. All plant products require an import permit; except those that are highly processed and in ready to use form, an example snacks. 
 
Any plant or its products that does not have a pathway for import into Fiji will have to undergo the 
Import Risk Assessment exercise to determine the risks and formulate mitigating factors. 
 
Question: 
 10. Which competent authority issues the quarantine permit? What are the differences between 
an import permit and a quarantine permit? Which documents must be submitted to apply for 
an import permit and a quarantine permit? 
 
Response: 
 
The quarantine permit and import permit refer to the same document and are issued by the 
Biosecurity of Fiji (BAF) for all agriculture related commodities. 
 
Documents to be submitted include the Plant and Plant Import Permit Application Form completely filled, the processing fees, accredited nursery by the National Plant Protection Organization (NPPO) 
of originating country for propagating material imports, manufacturers declaration for processed WT/TPR/M/330/Add.1 
 
- 13 - 
 
  item imports and pest and or disease free status document from the NPPO declaring the area 
freedom status.  Question: 
 
11. Would Fiji please provide the standard procedures and time period required for an import risk 
assessment of a new commodity? 
 
Response:  The standard procedures for an Import Risk Asse ssment (IRA) of a new commodity are as follows: 
 
 Import Risk Initiation 
 
 The identification of a pathway that presents a potential pest hazard, 
 The identification of a pest that may require phytosanitary measures, or 
 The review or revision of phytosanitary policies and priorities. 
 
 Import Risk Assessment 
 
 Identity of pest 
 Presence and distribution in the area 
 Pest regulatory status 
 Potential for establishment, spread and economic consequences 
 Pathway identification and evaluation 
 Survival probability of pest and transfer to a suitable host 
 
 Import Risk Management 
 
 Pest Impacts 
 Mitigation factors  
 Risk Communication 
 IRA Report 
 
The time period required to conduct and complete an IRA on a new product varies considerably. It 
could be approximately between 6 to 24 months depending on a variety of factors involved in the exercise. 
 
Question:  12. Do the requirements apply to all fruits and vegetables or only to those that are host to the 
fruit fly? 
 
Response: 
 
 The requirements are applicable to all fruits and vegetables. 
 
Question: 
 13. For which species of fruit flies does this measure concern? 
 
Response: 
 
 All exotic species of fruit flies to Fiji  found on plants and their products.  
 Question: 
 
14. What is the dosage and time period required for the methyl bromide treatment in this 
measure? 
 WT/TPR/M/330/Add.1 
 
- 14 - 
 
  Response: 
 
The dosage and time period of Methyl Brom ide treatment for fruits is as follows: 
 
 64g/m3 for 2 hours at 10-15oC 
 56g/m3 for 2 hours at 16-20oC 
 48g/m3 for 2 hours at 21oC or above 
 
 4. TRADE POLICIES BY SECTOR 
4.5.3 Telecommunications 
 Page 75 (Para 4.112) 
 
The Commission must monitor regularly the situation of competition in the market, and when it identifies operators with substantial market power,  it is authorized to request them to provide a 
reference interconnection offer, subject to its approval, and to have any interconnection 
agreement published on the Commission's website. 
 Question: 
 
15. How does the Commission determine "substantial market power"? 
 
Response: 
 
 The Commission identifies (based on complaints , submissions, own research etc.) on areas 
lacking competition or industries in which a particular player has Substantial Market Power. 
 As part of the study, the Commission computes the market shares of the various players in 
the market based on the annual turnover, profitability, asset base, geographical location etc. 
 Once the market shares are calculated, the Commission establishes if the market is 
concentrated or saturated.  
 If the market share of a player is up to 40%, the Commission declares this as a fairly 
saturated market, provided the combined market share of one or up to 4 players in the same 
industry does not add to 70% or more. 
 If the market share is between 40% to 70%, th e market is then declared for monitoring. 
 However, should the market share exceeds 70 %, then it is deemed to be a highly 
concentrated market and the need for intervention. 
 The market share only does not become a concern for FCC. But if the conduct of the 
dominant player is established to be one that sends signals of market power abuse or abuse of the dominant position, the appropriate actions under CCD2010 will be taken. 
 
Part II Questions regarding the Government Report (WT/TPR/G/330) 
2. ECONOMIC DEVELOPMENT 
2.2  Performance of Major Sectors 2.2.2 Agriculture (Sugar) 
 
Page 6 (Para 2.15)  Fiji's government is currently dominating the revitalization of the sugar industry from mid-term to 
long term progress, adopting the reconstruction plan  of "Sugar Cane Industry Strategic Action Plan 
(2013-2022)" which has increased total sugar ratio and farmers' payment in the history.  
Question: 
 16. How does the "Sugar Cane Industry Strategic Action Plan (2013-2022)" affect Fiji's import-
export trade strategy in the Asia-Pacific region? 
 WT/TPR/M/330/Add.1 
 
- 15 - 
 
  Response: 
 The countries in the Asia-Pacific region are among the most important trading partners for Fiji. As far as Fiji's sugar exports are concerned, Fiji is committed to diversifying its export market.  
 
Fiji had undertaken a Sugar Marketing and Exploring Mission in 2014 and that mission visited Asian countries such as India, Bangladesh and Malaysia. Fiji will further explore the Japan (where 
it has past exporting experience), China, Aust ralia, New Zealand and Pacific Islands Countries 
markets for niche premium fair trade sugar, direct consumption sugar and bulk sugar.   As part of its market diversification programme, Fiji is already exporting to the Republic of Korea 
and the United States in addition to the European Union.  
 
 
 
 WT/TPR/M/330/Add.1 
 
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  REPUBLIC OF KOREA 
PART I:  Questions regarding the Secretariat Report (WT/TPR/330) 
 Page 81 (Para 4.145) 
 Airport Fiji Limited (AFL) took over the management of airports from CAAF in 1999. AFL is a state-owned enterprise that owns and operates Fiji's two international airports at Nadi and Nausori 
(Suva) and administers 13 other government airports in the outer islands. The company has plans 
to invest some $250 million over the next five years to improve the infrastructure of the 15 airports. The project focuses on the modernization of the international airports at Nadi (works are scheduled to be completed by mid-2016) and Nausori. Over the past few years, AFL has increased 
its profitability thanks to revenue restructuring and reductions in operations costs. The 
Government plans to divest some of its shares in AFL. It is hoped that the divestment and AFL's increased profits will enable the company to take  over the capital costs of the outer islands 
airports, which up to now have been funded by  the Government. An airport departure levy of 
F$200 per passenger applies.   
Question 1: 
 The Fiji Commerce Commission passed the Airport Fiji Limited (AFL)'s proposal on an increase of Aeronautical Fees and Charges including Landing Charges, Overflying fees, Parking Charges and 
Incineration Charges in Feb 2015. According to the proposal, Landing Charges per ton will be 
increased to 27.98 FJD from 16.46 FJD. Overflying fees per unit will be increased to 5.87FJD from 3.45FJD. Other Parking Charges and Incineration Charges will be increased by 70%. In addition to 
this, office rent in the Nadi International Airport will be increased by 300% in early 2016 when the 
renovation of the Airport facility is completed. With this drastic increase, the profitability of the Korean Air route, which is already in deficit, is expected to further decrease. An additional 30,000 
USD per month of cost is estimated.  
 Airline companies operating at Nadi Airport managed by AFL are Fiji Airways, Korean Air, Air New Zealand, Virgin Australia and Air Calin among others. Regarding foreign airlines, Korean Air is the 
only company which operates a long distance route taking more than 10 hours, connecting Fiji 
with Korea and the world including Europe, China and the US. This enhanced connectivity has contributed to boosting not only exchanges between Fiji and Korea, but also the Fiji tourism 
industry and national revenue with increased tourists around the globe visiting Fiji.  
 Unlike Fiji Airways, a government owned company,  Korean Air is a fully privatized company that 
does not receive any financial support from the Korean government. While the rent increase rate 
was steady over the last 10 years, this substantial increase of the rent could affect the profitability of the Incheon-Nadi route in the short term, and le ad to a decision to reduce the frequency of the 
route or even the closing of the route in the long term. It is also detrimental for promoting 
exchanges between Fiji and Korea and for the Fiji tourism industry.  
 Could the government of Fiji reconsider the incr ease of fees and charges in order to lessen the de 
facto differential treatment towards foreign airline co mpanies? Although Fiji Airways is also bound 
to pay increased fees and charges upon the proposal of AFL, the Fijian Government as the biggest shareholder of Fiji Airways provides financial supp ort to Fiji Airways (such as providing 18 million 
FJD to Fiji Airways for its new route launching  to Singapore). Through the abovementioned 
measure of AFL, foreign airline companies are relatively more exposed to financial burden than Fiji Airways.  Response: 
 
Fiji has made modernisation of Fiji's airports as  one of its top priority and the new aeronautical 
charges are meant to complement AFL to undertake a range of necessary capital investments, 
such as terminal and airfield upgrades at Nadi, Nausori and on the outer islands.   It is worth noting that prior to the recent review, the last time aeronautical charges were reviewed 
and increased was in 2008. Fiji strives to remain competitive and as a least cost in terms of 
aeronautical charges. In this connection, it should be noted that prior to the increase in aeronautical charges, Fiji was significantly cheaper than most international airports including WT/TPR/M/330/Add.1 
 
- 17 - 
 
  Australia, Pacific Island Countries and New Zealan d. In addition, even after this increase, AFL's 
aeronautical charges still remain the cheapest when compared to most Pacific Island Countries, Australian and New Zealand international airports.  
The low aeronautical charges at Fijian airports hindered AFL's ability to carry out much needed 
infrastructure development and upgrades in terms of modernisation of air navigation systems and development of new outer island aerodromes, etc.  
 
In this regard, the authorized charges in February  2015 were made in recognition of Airports Fiji 
Limited's (AFL) commitment to large capital projects  with the objective of modernizing the airports 
in Fiji, to allow Airports Fiji Limited to undertake relevant, critical and important capital 
investments and compete internationally and la y the foundation for the much needed capital 
investment to support the Fijians desire to have world class facilities and enable it grow to a comparable international standard.  
 
The Fiji Commerce Commission is continuously monitoring the capital works and improvements as per conditions of the authorization and will carry out operational and efficiency audit in the future 
to establish if there is a case to review the current fees and charges. 
  
 WT/TPR/M/330/Add.1 
 
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  AUSTRALIA 
Questions regarding the Secretariat Report (WT/TPR/330) 
 
SUMMARY 
Page 7, Paragraph 13 
 
Question 1:  
The report notes that Fiji is yet to make its notification of Category A commitments under the 
Agreement on Trade Facilitation.  Can Fiji outline when it will notify its Category A commitments under the WTO Agreement on Trade 
Facilitation? 
 Response: 
 
Fiji finalised undertaking national priorities and needs assessment and categorisation process in the second quarter of 2015 and the final report in the fourth quarter of 2015.  Fiji is expected to 
ratify the WTOTFA and notify its Category A co mmitments in 2016.  In terms of the domestic 
process, Fiji is currently undertaking an internal technical reconfirmation of the categories in preparation for final validation by the National Trade and Development Council. The recommendation will then be submitted to Cabinet for consideration and subsequently to 
Parliament for ratification. The entire process is expected to be finalised during the 2016 
Parliament session.  
1 ECONOMIC ENVIRONMENT 
1.1.1  Recent Developments 
Page 13, Paragraph 1.8 
 Question 2: 
 
The Secretariat's report states that the Fijian authorities are working with the IMF to bring exchange restriction measures in line with requirements under the IMF's Article VIII.  
What progress has been made in this area? 
 Response: 
 
The only exchange restriction is that any offshore payments require proof of tax compliance to be obtained by the company or taxpayer from the Fiji Revenue Customs Authority (FRCA) before 
approval of the offshore payment by  the Reserve Bank of Fiji (RBF). 
 RBF, FRCA and the Ministry of Finance are workin g with the IMF on recommendations relating to 
IMF's Article IV. 
 
2 TRADE AND INVESTMENT REGIME 2.2  Trade Policy Formulation and Objectives 
Page 19, Paragraph 2.7 
 Question 3: 
 
Australia notes the significance of micro, small and medium enterprise (MSME) development in Fiji. The Secretariat's report notes that the Fijian Trade Policy Framework (FTPF)  2015-25, launched in July last year, aims to facili tate the development of MSMEs as a backbone of 
the Fijian economy. 
 What steps are being taken to reduce the regulatory burden on these smaller enterprises, and 
increase their access to finance? 
 WT/TPR/M/330/Add.1 
 
- 19 - 
 
  Response: 
 The Fijian Government has taken significant step s to reduce the regulatory burden on these 
smaller enterprises. The Fijian Government, as part  of its efforts to reduce the regulatory burden 
on MSMEs, has implemented, as of 1 January 2016, the waiver of fees  on regulatory requirements 
from the National Fire Authority (NFA) and Central Board of Health (CBH), as well as an exemption 
from stamp duty payments. 
 
In addition to this, another major undertaking will be the review of business licensing requirements, including fees that are currently be ing administered at both the local and district 
levels. The intention is to standardise these requ irements and rationalise the licensing fees with 
regard to the size and nature of the businesses. Th e expected outcome of this review exercise is a 
much simpler business licensing procedure and streamlined approvals process, to reduce the current regulatory requirements that are currently in place. 
 
Secondly the Fijian Government under the Fijian  Trade Policy Framework recognises MSMEs as the 
backbone of the economy and acknowledges that access to finance is a major challenge for 
MSMEs. In order to boost the growth of MSMEs the Fijian Government has taken a proactive 
approach to address this by introducing the Mi cro and Small Business Grant (MSBG) Facility in 
2015.  The MSBG provides a grant of up to FJD1000 for individual Micro and Small Business Enterprises based on an assessment of needs by th e Ministry of Industry, Trade and Tourism. The 
progress of these businesses is now being monitored with a view to assess the efficacy of the 
programme in assisting such enterprises integrate into national value chains and graduate to the next level.   
 
There is also a National Financial Inclusion Taskforce (NFIT) which is made up of representatives of financial institutions. It is a collaborative effort on the part of the Fijian Government, the private 
sector and other key stakeholders, such as the Pacific Financial Inclusion Program (PFIP) to 
increase MSMEs' access to finance, in particular through the provision of banking facilities to rural areas and the outerlying islands.  
Page 19, Paragraph 2.8 
 Question 4: 
 
The report notes that a key target of trade facilita tion is ratifying the Trade Facilitation Agreement 
by the end of 2015. 
 
Can Fiji outline its domestic progress towards ratification of the Trade Facilitation Agreement and expected timeframe to accept the Agreement?  
Response: 
 Having finalised undertaking national priorities and needs assessment and categorisation process 
in the second quarter of 2015 and the final report in the fourth quarter of 2015, Fiji is expected to 
ratify the WTOTFA and notify its Category A co mmitments in 2016.  In terms of the domestic 
process, Fiji is currently undertaking an internal technical reconfirmation of the categories in 
preparation for final validation by the National Trade and Development Council. The 
recommendation will then be submitted to Cabinet for consideration and subsequently to Parliament for ratification. This process is expected to be completed in 2016.  
2.3  Trade Agreements and Arrangements 
2.3.1 WTO  
Page 21, Paragraph 2.14 
 Question 5: 
 
The Secretariat's report advises that Fiji made few WTO notifications in the review period, and had 54 outstanding notifications at the end of 2014 (15 Fe bruary 2015 for notifications on agriculture).  
Can Fiji indicate when it will submit its outstanding notifications to allow WTO members to review 
Fiji's compliance with its WTO schedule? WT/TPR/M/330/Add.1 
 
- 20 - 
 
  Response: 
 Fiji remains fully committed to the multilateral trading system and the WTO process. We have had challenges with regards to some outstanding notifications in the past due to institutional 
reorganisation and realignments of responsibi lities. However, Fiji has just submitted its 
outstanding notifications under the Agreement on Agriculture, and is working on notification obligations under other WTO Agreements. Fiji will also  ensure that capacity is enhanced in the area 
of notifications and shall endeavour to fulfil its notifications obligation in the future within 
reasonable time as practicable as possible.  2.3.3 Investment Regime 
Page 25, Paragraph 2.32 
 Question 6: 
 
Australia notes Fiji's efforts to boost Foreign Direct Investment (FDI) inflows and improve its business environment.  The Secretariat's report notes, however, that FDI inflows "have been 
affected by factors such as investor uncertainty… and exchange rate restrictions". 
 Does Fiji envisage taking any further steps to address these issues?  
Response: 
 Fiji's FDI inflows show significant increases during the period under review, and investor 
confidence is on a rise. Investment inflows are estimated at around $668 million for 2015, a 
significant growth of over 150 percent from a deca de earlier.  During this 10-year period, FDIs 
averaged $638.4 million from 2011 – 2015, higher than the average of $550.4 million for 2006 – 
2010.  It should also be noted that in 2015, 380 Foreign Investment Registration Certificates 
(FIRC) were issued which was an increase of 192% compared to 2012 when 130 FIRCs were issued. The improvement observed during the period under review largely reflects the 
government's proactive, supportive and accommoda tive economic policies aimed at improving 
Fiji's attractiveness as a preferred investment destination and raising the country's international 
competitiveness, especially through streamlining tax and other structural reforms.     
Maintaining macroeconomic stability has provided the right pre-conditions for implementing 
growth-enhancing policies and encouraging greater private sector participation in the economy.  Consistent with the improved macroeconomic perf ormance and outlook, the Reserve Bank of Fiji 
(RBF) has continued to relax capital controls and exchange restrictions.  This has further bolstered 
confidence in the economy, evidenced by the po sitive trend in FDI and the growing optimism 
shared through private business surveys.   
Looking ahead, FDI inflow is forecast to grow at a 3-year average of $726.9 million. Despite the 
risks associated with a further downturn in the global economy and in our trading partner economies, FDIs are expected to remain stable given the current investor-friendly policies and 
Fiji's favorable macroeconomic prospects.  
  
3 TRADE POLICIES AND PRACTICES BY MEASURE 
3.2  Measures Directly Affecting Exports 
3.2.4 Export assistance and promotion  Page 43, Paragraph 3.67 
 
Question 7:  Australia notes the importance to Fiji's rural communities of increasing agricultural and 
horticultural exports.  
 What steps are being taken to support the private sector to produce and export agricultural and 
horticultural-based goods that meet the requirements of increasingly discerning international 
markets in terms of quality, biosecurity and food safety?  WT/TPR/M/330/Add.1 
 
- 21 - 
 
  Response: 
 Agriculture accounts for around 9.3 per cent of Fiji's Gross Domestic Product (GDP). The development of the agricultural sector will ensure  that the benefits of economic growth reach the 
entire population, especially our rural people. It represents a major component of rural household 
economies and is crucial for development and food security.   
The Government of Fiji is working to maintain the agriculture sector's economic contribution to 
15% of GDP in the short term and increase its contribution to the GDP to 20% by 2020.  Fiji also is working to increase the value of non-sugar agricu ltural exports to $100 million over a period of 
three years.  
 
Fiji 2020 Agriculture Sector Policy Agenda is aimed at modernising the sector and boosting exports of high quality fruits and vegetables. Some of the key policies that are being implemented by the 
Fijian Government include:  
 
i) Farmer's training programme to maximise ef ficiency gains and to produce high quality 
fruits, vegetables and root crops; 
 
ii) Reviving the Agriculture Marketing Authority (AMA) that will help smallholder farmers 
in remote and hard-to-reach areas sell their produce to domestic and export markets. 
In particular, the AMA aims to improve infrastructure and to ensure better compliance 
with the international standards for exports; 
 
iii) Compiling and ensuring the agricultural statistics including export market information 
to be made readily available to stakeholders including exporters for market 
determination purposes; 
 
iv) Purchasing of modern farm equipment to improve efficiency to ensure consistent 
supply;  
 
v) Provide technical assistance to farmers in land preparations to improve crop yield; 
 
vi) Enhancing quality of information technology so that information is made readily 
available to farmers and exporters in an efficient manner at lower cost; and  
 
vii) Enhance extension services to farmers as well as development of key exportable 
commodities such as cocoa, ginger and vanilla. 
 
Fiji is also working with international partners such as the International Trade Centre on improving 
key services to livestock and livestock products, as  well as key services to agriculture , through 
which Fiji is having success in reinvigorating the cocoa sector.  This has resulted, for example, in 
Fijian enterprises, being able to meet rigorous export quality requirements.  
  3.3 Measures Affecting Production and Trade 3.3.2 Competition policy, consumer  protection, and price controls 
Page 46, Paragraph 3.85 
 Question 8: 
 
Could Fiji please advise whether the Fiji Co mmerce Commission (FCC) intends to extend its 
awareness workshops and seminars on competition policy to increase understanding amongst 
consumers and business in this area, as recommended by the UNCTAD peer review? 
 Response:  
The Fiji Commerce Commission has already commenced this exercise and has placed this as a 
priority area for 2016. The awareness program ha s commenced in the form of weekly print media 
articles, monthly stakeholders' workshops, and consumers workshops.  The Commission has also WT/TPR/M/330/Add.1 
 
- 22 - 
 
  started recruiting additional staff to be trained to investigate restrictive trade practices cases in the 
Fijian economy.   Page 46, Paragraph 3.88 
 
Question 9:  
The Secretariat's report outlines the Fijian Government's rationale for price controls, yet states 
that price controls "might… distort market signals, discourage investment, and encourage low-quality production".   
Does the FCC intend to reconsider whether price controls continue to be the most effective 
approach in relation to particular markets, as suggested in the report?  
Response: 
 The need for price control in Fiji is supported by a number of factors, inter alia , market failures 
arising from natural monopolies and small market size. Other factors prevalent in Fiji that support 
price controls are dominant firms at various functional levels, geographical dispersions leading to isolation and monopoly traders, and the infancy of consumer protection and competition laws. Even the UNCTAD peer review has stated that there may still be a need for some price control 
given the current competition culture in Fiji an d the same to be reviewed in the future.  
 The Commission from 2010 has been reducing the level of price control in the Fijian economy. For 
example the number of basic food items, medicina l items and hardware items under price control 
has been significantly reduced and stands at less than 10% of the total number of items on the 
price control list.  Also regulation of marina services has been reduced to local services only and 
the Commission is currently working on a Voluntary Compliance Framework for Port Management 
Services with the intention to move the industry towards self-regulation and move out of direct price regulation.  
The Commission has also commissioned the Fijian  Food supply Chain Survey 2016 and one of the 
aims for this study is to assess the level of competition in the various food products market and determine if there is a case for the continuation  of price control on the basic food items.  
 
The Commission will continue evaluating the markets for various price control items and if competitive forces are evident, the level of price control in this market will be reduced or even 
eliminated.  The Commission will seek to eliminate anticompetitive conduct in other ways 
before it identifies markets for possible price re gulation, as the preferred option should be for 
competition to regulate the market.  
3.3.4 Government procurement 
Page 49, Paragraph 3.95  
Question 10: 
 According to the Secretariat's report, value for money is the fundamental goal pursued in 
Government procurement in Fiji. 
 What process does Fiji use to measure value for money in the procurement process?  
Response: 
 The Fijian Government's tender process involves businesses responding to tenders placed in the 
local media and on the Fiji Proc urement Office website (http://www.fpo.gov.fj) for the purpose of 
procuring goods and services or works for Government.  
  
Bids are evaluated to ascertain the capability of the party applying for tender to supply the 
required goods and services or works before the committee's recommendations are deliberated upon by the Government Tender Board and tender s are awarded accordingly. The rigorous process 
that ensures the most appropriate applicant is awarded the tender underpins value for money.  
 WT/TPR/M/330/Add.1 
 
- 23 - 
 
  Money is well spent when a company identified through the tender process delivers and produces 
the goods at the required time with the right cost. Monitoring is outsourced to independent agencies and clerk of works ensures reporting on progress of work is prudent and transparent. 
Performance bonds are also imposed on successful  companies and refunding of bonds at the end 
of the contract period indicates funds are utilised as planned. As such, these controls ensure value 
for money in the procurement process.   
Page 51, Table 3.8 
 Question 11:  
Table 3.8 indicates that the number of foreign co ntracts awarded declined from 51 in both 2012 
and 2013 (compared to 180 and 118 local contract s respectively), to 34 in 2014 (compared to 172 
local contracts).  
 
Can Fiji outline what it believes to be the reason for this decline?  
Response: 
 The health sector dominates the share of foreign bidders who apply for provision of medicines and 
equipment (such as dental chairs and x-ray machines) and this is compounded by the fact that 
these items of equipment are compatible with co nsumables that are only available overseas. The 
decline reflects reduction in the health sector tend er as they are normally contracted for more than 
a year. In this connection, years with lower numbe r of foreign tender awards signifies second or 
third year life of the contract.  
 Fijian private sector is consistently evolving and improving their standards, quality, and ability to 
supply on demand and have enhanced their compet itiveness which has recently led to a growing 
number of local bidders awarded tenders.   It must also be noted that in some cases, years with higher number of foreign bidders indicate 
one-off procurement of specialised equipment. 
 4 TRADE POLICIES BY SECTOR  
4.1  Agriculture 
4.1.4 Sugar sector Page 59, Paragraph 4.20 
 
Question 12:  Could Fiji advise if consideration has been given to the eventual re-privatisation of the Fiji Sugar 
Corporation, as envisaged by the Sugar Cane Industry Action Plan, endorsed by Cabinet in 2013? 
 Response: 
 
The Sugar Cane Industry Action Plan does not en visage the full privatisation of the Fiji Sugar 
Corporation. It highlights the need to revitalise the industry, including through modernising as well 
as ensuring long term commercial viability, industry competitiveness and sustainability.   
 The Plan is designed to help make improvements on six focus areas which are: 
 
 Crop Production and Advisory Services; 
 Harvesting and Transport; 
 Milling and Processing; 
 Marketing and Revenue Generation; 
 A Cane Quality Payment System; and 
 Industry Restructuring & Legislation. 
 WT/TPR/M/330/Add.1 
 
- 24 - 
 
  4.5.4 Transport 
Page 76, Paragraph 4.116  Question 13: 
 
Australia notes Fiji's commitment to improve trad e related infrastructure and services to improve 
Fiji's position both as an exporting nation and as a regional trading hub.  
 
What steps are being taken to establish more effective infrastructure and biosecurity services for Fiji's air and sea freight? For example, facilitat ing internal transport of goods from domestic 
producers to international ports, implementing the Sea Container Hygiene System, or expanding 
the availability of reliable processing and treatmen t facilities and service providers for agricultural 
goods.  
Response: 
 Fiji's initiatives to improve biosecurity services and related support infrastructure include: 
 
 The establishment of Biosecurity of Fiji (BAF) owned and operated transit facilities at the 2 
main seaports of entry in Suva and Lautoka to identify and reduce any risks for all imported consignments of biosecurity concerns before being released; 
 Recruiting personnel with sound Biosecurity, Agriculture and Food Safety knowledge to 
assist in the daily operations; 
 Training of current staff to acquire higher education in the identified fields relevant to 
biosecurity operations; 
 Developing the Biosecurity Management Info rmation System (BMIS) computer software; 
 Upgrading of laboratories and its operatio ns for identification and diagnosis; and 
 Strengthening the monitoring and surveillance activities. 
 4.5.4.3 Air transport and airports Page 80, Paragraph 4.142 
 
Question 14:  
Australia notes the significance of tourist arrivals to Fiji's economy, and Fiji's commitment to 
continued growth in this sector.   
How often does Fiji seek to renegotiate its Air Services Agreements with key partner countries to 
ensure those Agreements are kept up to date with the increasing numbers of air passengers travelling both ways?  
Response: 
 Fiji has signed a number of Air Services Agreem ents (ASA) with various key partner countries. 
There is no fixed timeline predetermined when Fiji will enter into re-negotiation for its ASAs. Any 
re-negotiation is undertaken taking into account market conditions and based on the consent of the parties.    
  
Fiji has just recently revisited the Air Services Agreement with India. Fiji is also currently reviewing the proposal from Australia to re-negotiate the ASA at a mutual convenient time for both Parties.    
Questions regarding the Government Report (WT/TPR/G/330) 
 2 ECONOMIC DEVELOPMENT 
2.2  Performance of Major Sectors 
2.2.8.1 Tourism Page 8, Paragraph 2.34 
 WT/TPR/M/330/Add.1 
 
- 25 - 
 
  Question 15: 
 The Fijian Tourism Development Plan (FTDP) was expected to be finalised in late 2015 (Secretariat's report, page 82, paragraph 4.154).  
 
Could Fiji elaborate on the progress made in finalising the FTDP and what measures it contains?  
Response: 
 The Fijian Tourism Development Plan (FTDP) has undergone a comprehensive stakeholder consultation process. The first draft plan has been prepared and requires further work, after which 
it will be presented to the tourism stakeholders for their expertise input and feedback. Once 
relevant stakeholder comments are consolidated into the Plan, the final draft plan will then be verified and validated at a national stakeholder va lidation workshop for transparency purposes and 
then it will submitted to the Cabinet for approval before it is published. It is anticipated that the 
FTDP will be published in 2016.    
The Fijian Tourism Development Plan is a pragma tic plan which focuses on growing the current 
$1.4 billion industry to a $2.2 billion by 2020. The pl an contains measures to reach this target by 
stimulating greater visitor spend rather than prim arily focusing on growing visitor arrivals. This 
development approach will ensure that the optimal economic benefits from the industry accrue at 
a sustainable rate.   
 Some of the measures being considered in the draft plan include improving the quality of service 
provided by the sector, maintaining consistent visitor arrivals during peak and off peak season, 
stimulating product diversification and utilising available resources, supporting micro and small tourism operators, investing in access and infrastructure, ensuring sustainable development and 
strengthening linkages.     
 3 TRADE DEVELOPMENTS AND INVESTMENT POLICY Page 9, Paragraph 3.5 
 
Question 16:  
Could Fiji comment on the success of its trade policy aimed at diversifying into  
non-traditional exports?  
Response: 
 
Fiji recognises that trade is vital for a small open economy like Fiji, which has limited natural resources and cannot produce all the goods and services required by its community and for 
exports. In this connection, the Fijian Trade Policy is designed to facilitate Fiji's participation in bilateral, regional and multilateral trade arrang ements to secure meaningful and guaranteed 
legally binding market access as well as taking advantage of market access schemes available to 
developing countries.   
 Fiji's trade policy work towards making the best  use of international trade, by addressing the 
issues relating to the country's access to its overseas markets and by promoting Fijian made 
products and services through trade missions as well as attracting private investments both domestic and foreign in sectors with growth and export potential.  
 
In this regard, the Fijian trade policy has a ssisted in diversifying the economy away from 
traditional export destinations. The success has been achieved by recognising that the global export market has become very dynamic where countries especially small economies like Fiji with 
limited resources and limited economies of scale can't compete with large developing and 
developed countries and those with abundant raw material resources. These trade policy initiatives have contributed to Fiji's diversification into various product and services, such as, sports 
garments, construction products, ICT, audi o-visual and manufactured food products.  
 The challenges of a small island developing state, distant from its markets, and facing increasingly 
stringent non-tariff barriers to trade, are challeng es that Fijian trade policy must account for.  
 WT/TPR/M/330/Add.1 
 
- 26 - 
 
  Fiji's response to these challenges include a fo cus on niche markets and products, high quality 
products, quick turn-around and also concentratin g on tapping into the national, regional and 
global value chains by promoting value adding innovative manufacturing.  To further support the marketing and promotion side, the Fijian Government has set up, in the period under review, new 
Trade Commissions or Foreign Missions in Abu Dhabi, Brasilia, Geneva, Jakarta, Port Moresby, 
Pretoria, Seoul and Shanghai.  
In addition to maintaining bilateral cooperation mechanisms with a number of countries, Fiji also 
maintains active trade and investment business councils with a number of countries such as the Australia, China, New Zealand, Papua New Guinea and the United States of America.  
3.1  Trade Policy Objectives 
Page 9, Paragraph 3.9  
Question 17: 
 How do consultative fora, such as the National Trade and Development Council, contribute to the 
institutionalisation of the private sector and civil society engagement in the formulation and 
implementation of trade policy?  Response: 
 
The National Trade and Development Council (NTDC) is the main formal consultative mechanism, approved by the Fijian Government, designed to  promote and strengthen cooperation between the 
Government and non-state actors in the sphere of industrial development and investment, trade 
and economic relations as well as other trade and business related issues.    
The NTDC is also the main public-private-civil society consultative mechanism on all trade and 
other trade related issues ranging from policy formulation and implementation issues to trade negotiations, implementation of trade agreements and devising initiatives at the national, regional and multilateral level. This all-inclusive NTDC was institutionalized through the Fijian Trade Policy 
Framework as a Public-Private-Non State Actor dialogue mechanism and is fully operational.  
 The NTDC reports to Cabinet and is chaired by the Minister responsible for Industry and Trade 
while the Trade Development Committee (TDC) which is the executive arm of the NTDC is chaired 
by the Permanent Secretary, responsible for Indu stry and Trade. The technical committees (sub-
committees) of the NTDC are the technical arms of the NTDC and are co-chaired by the private 
sector representatives and relevant specialized agencies.   
 The operation of the entire NTDC structure is designed in such a way as to promote bottom-up approach and the private sector and civil society are an integral part of the decision making 
process and occupies an important position in th e structure. This also strengthens the Fijian 
Governments resolve to have the private sector an d civil society as key pa rtners in development. 
 
Key development partners can be requested as and when need arise for any key thematic issue 
that requires their participation in the NTDC.  
The Ministry of Industry, Trade and Tourism, wh ich is the principle arm of the Government for 
industry and trade, acts as the Secretariat.  4.1 Implementation of WTO Agreements 
Page 12, Paragraph 4.7 
 Question 18: 
 
The report notes that Fiji is in need of support  to implement the trade facilitation agreement. 
 
Can Fiji outline the provisions of the Agreement on Trade Facilitation that it requires assistance 
with in order for it to implement the Agreement?  WT/TPR/M/330/Add.1 
 
- 27 - 
 
  Response: 
 Below are provisional assessments of measures that will require assistance in order to enable Fiji to fully implement the WTO TFA. As indicated earlier, the assessments are undergoing internal 
technical reconfirmation of the categories in preparation for final validation by the National Trade 
and Development Council.  
Summary Assessment of WTO TFA Articles 
 
Provisional Assessments Articles  Total 
B Articles, 1.3, 1.4, 2.1, 2.2, 5.1, 6.1, 7.2, 8, 10.3, 10.6, 11.13, 12  12 
C Articles 1.1, 1.2, 3, 4, 5.3, 7.4, 7.6, 7.7, 10.1, 10.4  10 
 Article 1: Publication and Availability of Information 
 
 Publication of Information 
Assessment—Category C 
 Information Available through the Internet 
Assessment—Category C 
 Enquiry Points 
Assessment—Category B 
 Notifications 
Assessment—Category B 
 
Article 2: Opportunity to Comment, Information before Entry into Force, and Consultations 
 
 Opportunity to Comment and Information before Entry into Force  
Assessment—Category B 
 Consultations 
Assessment—Category B 
 
Article 3: Advance Rulings 
 
 Assessment—Category C 
 
Article 4: Appeal or Review Procedures  
 Assessment—Category C 
 
Article 5: Other Measures to Enhance Impartiality, Non-discrimination, and Transparency  
 Notification for Enhanced Controls or Inspections  
Assessment—Category B 
 Test Procedures 
Assessment—Category C 
 Article 6: Discipline on Fees and Charges Impo sed on or in Connection with Importation or 
Exportation 
 
 General Disciplines on Fees  
Assessment—Category B 
 
Article 7: Release and Clearance of Goods  
 Electronic Payment 
Assessment—Category B 
 Risk Management 
Assessment—Category C 
 Establishment and Publication of Average Release Times 
Assessment—Category C 
 Trade Facilitation Measures for Authorized Operators 
Assessment—Category C WT/TPR/M/330/Add.1 
 
- 28 - 
 
  Article 8: Border Agency Cooperation  
 
 Assessment—Category B 
 
Article 10: Formalities Connected with Importation and Exportation and Transit 
 
 Formalities and Documentation Requirements  
Assessment—Category C 
 Use of International Standards 
Assessment—Category B 
 Single Window 
Assessment—Category C 
 Use of Customs Brokers 
Assessment—Category B 
 
Article 11: Freedom of Transit  
 Transit Charges, Regulations, and Formalities (Paragraphs 1–3) 
Assessment—Category B 
 Article 12: Customs Cooperation 
 
 Assessment—Category B 
 
 WT/TPR/M/330/Add.1 
 
- 29 - 
 
  CANADA 
Secretariat Report - Fiji (WT/TPR/S330) 
 
Part III. Trade Policies and Practices by Measur e:  Measures Directly Affecting Imports; 
Sanitary and phytosanitary measures, page 40: 
        Canada notes that Fiji notified two measures in 2009 that cover all food and food products 
(G/SPS/N/FJI/3) and all plants, animals, and pl ant and animal products (G/SPS/N/FJI/4).  
 Question:  
Can Fiji provide an update on the implementation of these measures as well as any additional SPS 
measures Fiji may have taken during the period under review and when any such measures will be 
notified to the WTO? 
 
Response: 
 
G/SPS/N/FJI/3 refers to the Food Safety Act implemented by Fijian Ministry of Health and is already in force. The Act is government legislation (law) covering:    
i) general provision on food and hygiene;   
ii) licensing of food establishments;   
iii) importation of foods;   
iv) administration and enforcement of the act;   
v) legal procedures; and  
vi) miscellaneous. 
 
G/SPS/N/FJI/4 refers to the Biosecurity Bill of Fiji and was notified through the Department of 
Quarantine, Fiji and is in force; known as Biosecurity Promulgation 2008. The Promulgation is a 
government technical regulation (law):   
i) establishing the bio-security board/authority;  
ii) scope of the regulation;  
iii) identify points of entry and exit;  
iv) declaration and clearance procedure and documentation; 
v) export and export procedures and documentation;  
vi) internal quarantine; 
vii) emergencies;  
viii) administration;  
ix) penalties; and  
x) miscellaneous. 
 
There have been no further SPS measures implemented in the period under review. 
 
 WT/TPR/M/330/Add.1 
 
- 30 - 
 
  UNITED STATES OF AMERICA 
Part I: Questions on the Secretariat Report (WT/TPR/S/330) 
 
2 TRADE AND INVESTMENT REGIME 
2.3 Trade Agreements and Arrangements 
2.3.1 WTO Page 21, Paragraph 2.14: 
 Question:  How many outstanding notifications does Fiji currently have?  Does Fiji have a plan to resolve 
outstanding notifications? 
 Response: 
 
Fiji at the time of the WTO Secretariat's TPR mission in 2015 had 54 outstanding Notifications.  Fiji has consistently explained its capacity constraints in meeting its notification requirements, which 
have to be coordinated by the same small team of officials in the Ministry of Trade who have 
responsibility for all trade policy formulation, implementation and trade negotiations internationally.  
 
Nonetheless, Fiji is committed to its WTO obligations and is aware of the need to prioritise its WTO workload, and is working on its notifications. It has transmitted all the outstanding notifications 
under the Agreement on Agriculture to the WTO Secretariat.   
 Fiji shall endeavour to fulfil its notifications obligation in the future within reasonable time as practicable as possible. 
 
2.3.2 Regional Trade Agreements 2.3.2.1 Other arrangements 
Page 24, Paragraph 2.25:   
 
Question: 
 
Can Fiji provide an update on its efforts to establish a preferential trading arrangement with China?  
Response: 
 
Fiji and China have an active Bilateral Economic and Trade Cooperation Commission, which seeks to further strengthen Fiji-China Trade and Economic ties through exploring the actualization of 
mutual areas of interest including those issues unique and specific to the country's needs.   
Under this Bilateral Cooperation Framework, initial discussions on creating a bilateral trade 
arrangement commenced in 2015 as part of deepening our relations in the area of trade and investment. We are yet to finalise modalities. 
 
3 TRADE POLICIES AND PRACTICES BY MEASURE 3.1 Measures Directly Affecting Imports 3.1.1 Customs procedures and requirements 
Page 28, Paragraph 3.2:   
 
Question: 
 
The Secretariat report noted that "The FRCA is mo ving toward the single window concept in three 
stages." Can Fiji provide an update on when it expects each of these three stages to be fully 
implemented? 
 WT/TPR/M/330/Add.1 
 
- 31 - 
 
  Response: 
 The implementation of the single window is le d by FRCA in collaboration with other border 
agencies.  The process is as follows: 
 
i. Customs Single Window - Fiji is currently at this first stage. There have been positive 
developments on FRCA's end and now has automation with all the port offices linked 
to the ASYCUDA WORLD. However, the other main border agencies like Biosecurity, 
Immigration and the Banks are yet to come on board with their interface. The next phase in stage one is to link the interfac e of other major border agencies to the 
ASYCUDA WORLD system in order to ensure overall success; 
 
ii. Once that is achieved, Fiji will move to the second stage which is Port Single Window; 
and  
 
iii. Following the success of the earlier two stages, Fiji will implement the third stage, 
which is the National Single Window. Fiji is optimistic as all the key stakeholders are 
working towards this vision and it will be realised in the near future. 
 Page 28, Paragraph 3.7:  
 
Question: 
 The Secretariat report noted that "At the end of November 2015, Fiji was yet to make its 
notification of Category A commitments under the WTO Agreement on Trade Facilitation." Can Fiji 
provide an update on when it expects to provid e its Category A commitments and ratify the WTO 
Agreement on Trade Facilitation? 
 
Response:  Having finalised undertaking national priorities and needs assessment and categorisation process 
in the second quarter of 2015 and the final report in the fourth quarter of 2015, Fiji is expected to 
ratify the WTO TFA and notify its Category A commitments in 2016.  In terms of the domestic process, Fiji is currently undertaking an internal technical reconfirmation of the categories in 
preparation for final validation by the National Trade and Development Council. The 
recommendation will then be submitted to Cabinet for consideration and subsequently to Parliament for ratification. The entire process is expected to be completed during the 2016 
Parliament calendar. 
 3.1.4 Tariffs 3.1.4.1 MFN applied tariff 
Page 31, Paragraph 3.21:   
 
Question: 
 
Given Fiji's efforts to prioritize in its National Export Strategy (NES) information and communication technologies (Paragraph 3.76), whic h frequently rely on imported inputs, has Fiji 
considered whether it would join the Information Technology Agreement (ITA), or what factors 
would inform its consideration?  Response: 
 
The ITA has not been an area of priority for co nsideration given more pressing aspects of the 
national regulatory framework for Information and communication technologies for example, 
Government's efforts recognized by the ITU to expand broadband access throughout the country, 
including rural and maritime areas. This does not however, preclude the possibility of considering the ITA at an appropriate time in future. 
 WT/TPR/M/330/Add.1 
 
- 32 - 
 
  3.1.7   Standards and other technical requirements 
Page 43, Paragraph 3.43:   
 Question: 
 
Can Fiji confirm if it has plans to notify the WTO of its acceptance of the Code of Good Practice (Annex 3 of the TBT Agreement)?  Can Fiji explain why it has never submitted any notifications to 
the TBT Committee? 
 Response: 
 
Fiji has been following Annex 3 of the TBT Agreemen t and has included it as part of the Standards 
Operating Procedures for the development of national Standards.  Fiji will undertake the 
notification of acceptance of the Code of Good Practice in 2016. 
 
Additionally, all standards developed are industry best practices and a very small number of these 
standards are technical regulations. Fiji has not made any notifications to the TBT Committee 
because all standards developed in Fiji are base d on international standards; these are adopted 
mainly from Australia or New Zealand.  These standards in most situations are adopted directly 
without any changes or modifications.  
 
3.3 Measures Affecting Production and Trade 3.3.1 Incentives 
3.3.3 State trading, state-owned enterprises, and privatization 
Page 47, Paragraph 3.89:   
 Question: 
 
The Secretariat's Report states that "Fiji has not notified the WTO of whether or not it has state-trading enterprises as defined in GATT Article XVII and the Understanding on the Interpretation of 
Article XVII".  According to the Secretariat of the Working Party on State Trading Enterprises, Fiji 
last made a notification in 1998.  Nevertheless, the notification requirement is biennial.  Please clarify when Fiji expects to make its required updated notification. 
 
Response: 
 
As identified earlier, Fiji is committed to its obligations to the WTO, and will endeavour to fulfil its notifications obligation in the future within reasonable time as practicable.  3.3.4 Government Procurement 
Page 49, Paragraph 3.96:   
 
Question: 
 
Given the steps Fiji has taken, most recently in 2010 and 2012, to adopt international best practices on government procurement, including measures to ensure transparency and 
competition, has Fiji considered becoming a party to the WTO Agreement on Government 
Procurement (GPA)?  Response: 
 
Fiji is focused on the multilateral process at the WTO, and has not considered entering into any of the plurilateral agreements already concluded by other parties. This does not however, preclude 
the possibility of considering the GPA at an appropriate time in future.  
 WT/TPR/M/330/Add.1 
 
- 33 - 
 
  3.3.5 Intellectual property rights 
Page 52, Paragraph 3.115: 
 Question: 
 
The Secretariat reports that three intellectual property laws, including the copyright law, were amended and that Fiji notified other Members of this  news in 2001.  We understand that additional 
amendments to the 1999 copyright law were made  in 2009.  See Fiji Government Gazette of 22 
June 2009, Decree No. 8, the Copyright (Amendment) Decree 2009, available at  http://www.fiji.gov.fj/getattach ment/a10fd0cc-9 b17-44c9-9d5e-
e506a99449eb/Decree18_Copyright-(Amendment)-Decree-2009.aspx .   
Have there been any other amendments to th e 1999 copyright law?  Are there any current 
legislative initiatives contemplated by the government?  
Response: 
 There have been no further amendments to Fiji's Copyright Laws since 2009. However, the Fijian 
Government is currently working with the World Intellectual Property Organization (WIPO) to 
review its intellectual property laws to ensure inter alia that they are in conformity with the TRIPS Agreement. Such review will strengthen existing intellectual property rights, and will pass through 
the normal parliamentary process.  
  
Pages 52, Paragraph 3.116: 
 
Question: 
 The Secretariat reports that the TRIPS Council began its review of Fiji's intellectual property laws 
in 2001, and that approximately half of the questi ons remain unanswered.  What is the status of 
the remaining unanswered questions?  The Secretariat indicates that the review was to be completed in 2015; does the Government have any additional news about this development?  
Response: 
 
Fiji has submitted its official response to the TRIPS Council concerning the review of Fiji's 
Intellectual Property Laws on 16 February, 2016 and it is hoped that Fiji's review can be concluded on this basis at the next meeting of the TRIPS Council.    
Page 53, Paragraph 3.117:  
 
Question: 
 
When does Fiji anticipate it will deposit its inst rument of acceptance to the protocol amending the 
TRIPS Agreement?  
Response: 
 Fiji is currently considering the matter and the inst rument of acceptance to the protocol amending 
the TRIPS Agreement will be tabled in Cabinet and Parliament in 2016 for their consideration and 
thereafter the instrument of acceptance will be deposited subject to Parliamentary approval.  
Page 53, Paragraph 3.118:   
 
Question:  
Does Fiji intend to join any treaties on trademarks, such as the Paris Convention, the Singapore 
Trademark Law Treaty or the Madrid Protocol?  
Response: 
 Fiji is currently considering ratification of the Madrid Protocol. However, it is a requirement that 
ratification of treaties on intellectual property  laws go through the normal Fijian Parliamentary 
process should Fiji intend to join.  WT/TPR/M/330/Add.1 
 
- 34 - 
 
   
Page 52, Paragraph 3.118: 
 Question:   
 
Does Fiji have any plans to join either the WIPO Copyright Treaty (WCT) or the WIPO Performances and Phonograms Treaty (WPPT), both of which entered into force in 2002? 
 
Response:  Fiji is currently focused on reviewing and strengthening its Intellectual Property Laws to ensure 
conformity with the TRIPS Agreement.  After that pr ocess is completed, Fiji may in future consider 
whether or not to join ECT or WPPT subject to Parliamentary approval in light of section 51 of the Constitution, which requires all international treaties or conventions to go through Parliamentary 
approval. 
 3.3.5.1 Patents 
Page 53, Paragraph 3.121:  
 
Question:  
Are rights registered under a UK patent retroactively effective in Fiji; that is, may a patentee with 
a UK patent granted in year X, subsequently registered in Fiji in year X+2, sue parties in Fiji for infringement occurring in year prior to X+2? 
 
Response: 
 
The Patents Act for Fiji allows a patentee with a UK patent to apply to the Solicitor-General within three years from the date that his/her patent was granted to have such patent registered in Fiji. The Act only makes provision for the registration of a UK patent and does not specify whether a 
patentee with a UK patent can sue parties in Fiji for infringement committed in the period before 
his/her patent was registered in Fiji.    
The Patent Act Cap. 239 stipulate that: 
 "23. Any person being the grantee of a patent in the United Kingdom or any person deriving his right from such grantee by assignment, transmission or other operation of law may apply to the 
Administrator- General within three years from the date of issue of the patent to have such patent 
registered in Fiji. Where any partial assignment or transmission has been made, all proper parties shall be joined in the application for registration." 
 
3.3.5.3 Copyright Page 55, Paragraph 3.133: 
 
Question: 
 Does the Copyright Enforcement Unit within th e Fijian Intellectual Property Office (FIPO) 
coordinate copyright prosecutions with other law enforcement agencies? 
 Response: 
 
The Copyright Enforcement Unit coordinates with the Fiji Police Force and the Director of Public Prosecutions (DPP) for the investigation and prosec ution of copyright infringements. The Copyright 
Enforcement Unit assists the Police in the investigations as well as the DPP in providing expert 
evidence in Court when the matter is prosecuted.  
 The Enforcement Unit also coordinates with the Fiji  Police Force by providing presentations on the 
powers of the Police Force as outlined in the Copyright Act 1999 and the Copyright (Amendment) 
Decree 2009. Copies of the Copyright Act and the Copyright (Amendment) Decree 2009 have also been provided by the Enforcement Unit to  all divisions of the Fiji Police Force.  The Police Force, 
DPP and the Judiciary have all attended training  on the enforcement of the Copyright Act.  
  WT/TPR/M/330/Add.1 
 
- 35 - 
 
  Page 55, Paragraph 3.133:   
 
Question:  
Does the Copyright Enforcement Unit have the sole authority to prosecute offenses under The 
Copyright Act?  
Response: 
 The authority to prosecute offenses under the Copy right Act falls within the purview of the Police 
Force and the Director of Public Prosecutions.  
   
Page 55, Paragraph 3.133: 
   
Question: 
 Does FIPO have additional Enforcement Units that enforce non-copyright intellectual property 
offenses, such as trademark violations? 
 Response: 
 
FIPO does not have additional Enforcement Unit s, the enforcement of all intellectual property 
offenses falls within the ambit of  the Fiji Police Force and the Director of Public Prosecutions. 
 
Trademark violations can also be subject for civil action in the jurisdiction of the High Court, Civil Division.    
4 TRADE POLICIES BY SECTOR 
4.3 Energy 4.3.1 Electricity 
Page 63, Paragraph 4.45:  
 
Question: 
 
Can Fiji update on discussions to transfer the Fiji Electricity Authority (FEA) regulatory functions to 
a new independent regulator?  
Response: 
 Fiji is currently working with an International Development partner to: 
 
1. Review existing legal and institutional frameworks governing the energy sector; 
2. Provide recommendation on the next steps towa rds setting up an independent regulator in 
line with international best practices taking into account local policy priority and the 
domestic context; and 
3. Assist in building capacity and enhanced sector planning capacity of relevant Government 
departments. 
 
Part II: Questions on the Government Report (WT/TPR/G/330) 
 
3 TRADE DEVELOPMENTS AND INVESTMENT POLICY 
3.10 Trade Policy Objectives Page 9, Paragraph 3.10:   
 Question:  
Under the primary objectives of Fiji's trade policy, the ninth bullet mentions "[facilitating] capacity 
building development in human capital in all the pr iority sectors."  Could Fiji explain what steps 
have been taken, including in its legal and regulatory framework for labor, to achieve this?  WT/TPR/M/330/Add.1 
 
- 36 - 
 
  Response: 
 
Fiji recognizes that investment in Human Resource Development (HRD) is a key ingredient in 
enhancing Fiji's competiveness, as human capital is a major contributor to productivity growth and 
can be the source of unique competitive advantages . The quality and adaptability of Fiji's labour 
force will be a key driver in creating a favourable environment for both domestic and foreign enterprises to grow through new investment and to adapt quickly to changing circumstances. 
HRD policies are inter-related and cannot be framed in isolation, hence; they must be developed in 
consistence with Fiji's broader development policies.   
One of the current realities for employers in Fiji is the migration of skilled workers and 
professionals, which creates a vacuum in various industries. Another challenge faced by businesses particularly in the manufacturing sector is the skills gap resulting from the shift of focus from 
technical skills and trade training to business and finance related programs. This has resulted in a 
shortage of skilled with the technical, cognitive, and non-cognitive skills needed to fill vacancies.  In this regard, Fiji recognizes that creating th e necessary conditions and environment to become 
competitive in the knowledge-based industries is  important because individual and enterprise 
competitiveness depends largely on the acquisition and application of knowledge.  
Key areas identified by the Fijian Government in partnership with the private sector as priorities 
for human resource development include, inter alia : 
 
 Trade policy capacity development: ensuring adeq uate skills training in areas of trade policy 
formulation and negotiations both for local and overseas based mission staffs;  
 Customs: integration of ASYCUDA World and WTO customs valuation requirements into 
training and formal accreditation for customs agents; 
 
 Capacity building for border agencies; 
 
 Trade facilitation: Capacities needed for implementation of WTO's Trade Facilitation 
Agreement, with emphasis on improving customs clearance and border management; 
 
 Agencies/ areas responsible for improvements in ease of doing business; 
 
 Higher value adding activities sectors in services value chains (SVCs); 
 
 TCF: Technicians and internationally accredited designers; 
 
 Audio visual: Internationally accredited cameramen, makeup artists, back up crews; 
 
 Manufacturing: Sugar technologists, chemists and engineers; 
 
 Cross border surveillance: Technical skills to man the integration of the Automated 
Identification System (AIS) by MSAF;  
 Mineral resources: Mining engineers, hydrologists; 
 
 Airlines: Commercial marketing, revenue forecasting and more local pilots; and 
 
 Construction: Engineers, surveyors, architects and skilled construction workers. 
 
In conclusion, the Fijian Government has dedicated a large portion of its national budget towards 
education.  In 2014, a fifth of the national budget was targeted towards education, which saw the 
introduction of free education to students from pre-school to high school.    
The Government also provides tertiary scholarsh ips, which are provided on merit basis, where 
about 600 students each year are awarded scholarship s on specific fields of study. In addition, 
student loan scheme has also been introduced to enable each tertiary level student in Fiji to be 
able to obtain the highest level of education.  
 WT/TPR/M/330/Add.1 
 
- 37 - 
 
  Furthermore, Fiji also has invested in the creation of technical colleges in various parts of the 
country, for students who had special interested.  In order to encourage more Fijians to consider Agriculture and farming as a profession, 100 students  each year are given Agriculture scholarships 
and upon successful completion of studies the Government also has provided 100 acres of land for 
farming and loans for farming instruments. 
 4 FIJI AND THE GLOBAL TRADING SYSTEM 
4.1 Implementation of WTO Agreements 
Page 12, Paragraph 4.5:   
 Question: 
 
Who are the partners in the "NTDC consultative framework … in place and institutionalized for dialogue on all trade related issues" and how does the framework operate? 
 
Response: 
 
The key partners in the NTDC are the private sector players, public institutions and civil society.  Specifically, the composition from the private sector includes representation from all the private sector associations with their councils. Public institutions include representation from all key trade 
related ministries and specialized government implementing agencies such as the Fiji Revenue and 
Customs Authority, Biosecurity of Fiji, Immigratio ns Department, Investment Fiji, Department of 
National Standards and Trade Measurements, Fiji Commerce Commission etc.  
 
The NTDC is the main public-private-civil society consultative mechanism on all trade and other trade related issues ranging from policy formulation and implementation issues to trade negotiations, implementation of trade agreements and devising initiatives at the national, regional 
and multilateral level. This all-inclusive NTDC was institutionalized through the Fijian Trade Policy 
Framework as a Public-Private-Non State Actor dialogue mechanism and is fully operational.   
The NTDC reports to Cabinet and is chaired by the Minister responsible for Industry and Trade 
while the Trade Development Committee (TDC) which is the executive arm of the NTDC is chaired by the Permanent Secretary, responsible for Indu stry and Trade. The technical committees (sub-
committees) of the NDTC are the technical arms of the NTDC and are co-chaired by the private 
sector representatives and relevant specialized agencies.    The operation of the entire NTDC structure is designed in such a way as to promote bottom-up 
approach and the private sector and civil society are an integral part of the decision making 
process and occupies an important position in th e structure. This also strengthens the Fijian 
Governments resolve to have the private sector an d civil society as key pa rtners in development. 
 
Key development partners could be requested as and when need arise for any key thematic issue that requires their participation in the NTDC.  
The Ministry of Industry, Trade and Tourism, wh ich is the principal arm of the Government for 
industry and trade, acts as the Secretariat.  
Part III: Additional Questions   
 
Question 1:  Would Fiji clarify whether, in addition to nationals of the United Kingdom, nationals 
of other foreign countries may apply to register marks in Fiji based on their domestic registration? 
 Response: 
 
The Trademarks Act Cap. 249 of Fiji makes prov ision for the registration of United Kingdom 
Trademarks only. Further, it does not state that it has to be a national of the United Kingdom, but 
states that any person who is the registered prop rietor of a trademark registered in the United 
Kingdom may apply to register such trademark in Fiji.   WT/TPR/M/330/Add.1 
 
- 38 - 
 
  Section 55 of the Trademarks Act Cap. 249 states: 
 
"55. Any person being the registered proprietor of a trade-mark registered in the United Kingdom under the Trade Marks Acts 1905 to 1919 or any Act amending or 
substituted for those Acts or any person deriving his right from such registered 
proprietor by assignment, transmission or other operation of law may apply at any time during the existence of the registration in the United Kingdom to have such 
trade-mark registered in Fiji." 
 Question 2:  Does the trademark law of Fiji provide for refusing to register a subsequently 
applied-for mark based on a likelihood of confusion with a registered mark? 
 
Response:  
The Trademarks Act (Cap 240) (Section 18) allows the Registrar to refuse to register a trademark 
where it is either identical to a previous registered trademark or it so nearly resembles such a trademark as to be calculated to deceive. 
  
Further Section 23 of the Act provides, where an application is made where an identical or closely resembling trademark such as to be calculated to deceive or to cause confusion, the relevant Tribunal under the Act has powers to order that such trademarks be entered in the Register as 
associated trademarks.  
 Fiji is currently reviewing its Trademarks Act in accordance with its international obligations.  
 
Question 3:  Does Fiji anticipate that in the future foreign nationals, other than those in the 
United Kingdom, may also be able to register their patent rights in Fiji? 
 
Response:  It must be noted that the current Patent Act only recognises the re-registration of UK Patents in 
Fiji. However, given that the Fiji through its legislative drafting section and with the assistance of 
the World Intellectual Property Organization (WIPO)  is in the process of reviewing and amending 
its Patents Act, Fiji does anticipate the registration of patent rights for foreign nationals, as part of 
the amendment.  
 WT/TPR/M/330/Add.1 
 
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  EUROPEAN UNION 
Questions on the Secretariat Report (WT/TPR/S/330) 
 
Page 18. 2.6. "The private sector and civil society continue to interact formally and informally 
with the Government. In July 2015, the MITT launc hed the Fijian Trade Policy Framework (FTPF) 
2015-2025 which sets out a structure for such interaction and for the implementation of its policy recommendations and other trade-related issues." 
 
EU Question N°1: The EU commends the auth orities for having adopted a Trade Policy 
Framework and is very keen to get more information about this process and its functioning. The EU would be pleased if th ere were a weblink wh ere most information 
about this process could be obtained. Is there a system whereby consultations with 
stakeholders can be organised via a specif ic portal? If so, could that weblink be 
provided? 
 
Response: 
 
The key partners in the National Trade and Development Council (NTDC) are the private sector players, public institutions and civil society. The NTDC is the main public-private and civil society consultative mechanism on all trade and other trade related issues ranging from policy formulation 
and implementation issues to trade negotiations, implementation of trade agreements and 
devising initiatives at the national, regional and multilateral level. This all-inclusive NTDC was institutionalized through the Fijian Trade Policy as a Public-Private-Non State Actor dialogue 
mechanism and is fully operational.  
 In terms of the process, the NTDC reports to Cabi net and is chaired by the Minister responsible for 
Industry and Trade while the Trade Development Committee (TDC) which is the executive arm of 
the NTDC is chaired by the Permanent Secretary re sponsible for Industry and Trade. The technical 
committees (sub-committees) of the NDTC are the technical arms of the NTDC and are co-chaired by the private sector representatives and relevant specialized agencies.  The operation of the 
entire NTDC structure is designed in such a way as to promote bottom-up approach and the 
private sector and civil society are an integral part of the decision making process and occupies an important position in the structure. This also strengthens the Fijian Governments resolve to have 
the private sector and civil society as key partners in development. 
 Key development partners could be requested as and when the need arise for any key thematic issue that requires their participation in the NTDC. The Ministry of Industry, Trade and Tourism, 
which is the principle arm of the Government for industry and trade, acts as the Secretariat. 
 At the moment, there is no dedicated weblink regarding the NTDC. However, all the key 
programmes and activities of the Ministry of Industry, Trade and Tourism could be found on: 
www.mit.gov.fj and Fijian Made Facebook page. 
 Page 19. Trade Facilitation.  Para 2.8.  "As regards trade facilitation, the key targets are: 
ratifying the Trade Facilitation Agreement by th e end of 2015; implementing the "Single Window" 
clearance system by 2016; and reducing the maximum time taken to clear sea cargo from 5 days to 3 days by 2020." The EU notes that the target set to rati fy the Trade Facilitation Agreement by 
the end of 2015 has not been achieved yet to our knowledge.  
 EU Question N°2: What are the intentions of  Fiji regarding the timeframe for ratifying 
the TFA? 
 Response: 
 
Fiji remains fully committed to the WTO process and the multilateral trading system and the intention is that Fiji will ratify the WTO TFA as well as make the relevant notifications of the 
categories. 
 In 2015, Fiji finalised undertaking national priorities and needs assessment and categorisation process in the second quarter of 2015. The final report was only ready in the fourth quarter of WT/TPR/M/330/Add.1 
 
- 40 - 
 
  2015 and that made it challenging to complete the necessary domestic requirements by December 
2015. In this regard, Fiji is on course and expected  to ratify the WTO TFA and notify its Category A 
commitments in 2016.  
In terms of the domestic process, Fiji is currently undertaking an internal technical reconfirmation 
of the categories in preparation for final validation by the National Trade and Development Council. The recommendation will then be submitted to Cabinet for consideration and subsequently to 
Parliament for ratification. The entire process is expected to be finalised during the 2016 
Parliament session.  Page 35, para. 3.33 and para 3.34. Table 3.3. "While called excise duties they do not apply to 
domestically produced items and thus are akin to tariffs. According to the authorities, the rationale 
for their introduction was to protect govern ment revenue, dampen domestic demand, and 
stimulate domestic industries in the medium term." "3.34. Specific excise taxes apply to 
domestically made "sin" products, i.e. alcoholic beverages and tobacco products. Because excise 
taxes are not levied separately on equivalent imports, the excise is implicitly included in the specific tariff (the excise component of the tariff). The protective component of the tariff on such 
products is thus effectively reduced by the excise  component, i.e. the amount of excise paid on 
domestic goods. Nevertheless, specific tariffs still afford substantial protection in ad valorem terms (Table 3.3)."  I t  a r i s e s  f r o m  t h e  r e p o r t  t h a t  e x c i s e  r a t e  i s  d i f f e r e n t  o n  s i m i l a r  g o o d s  d e p e n d i n g  
whether they are imported or domestically produced.  
 
EU Question N°3 : Does Fiji intend to abolish this di scrimination between imported goods 
and domestically produced goods? 
 
Response: 
 
In light of the seriousness of Non-Communicable Diseases (NCDs) in Fiji, taxation is an important and effective means to discourage consumption of tobacco and related products.  As such, excise rates for both local and imported tobacco and related products continue to be increased in order to 
dampen its demand, as a way to boost Fiji's fight against NCDs with an objective of making Fiji a 
healthier nation.   
This policy is consistent with the recommendations of the WHO in its discussions with Fiji to 
implement Article 6 of the WHO Framework Conv ention on Tobacco Control on Price and tax 
measures to reduce the demand for tobacco.   
Page 51. para 3.101 Public procurement The data  in the table 3.8 seem to show that waivers 
are  a recurrent practice (e.g. http://www.fbc.com.fj/fiji/36825/ag-says-health-ministry-also-
under-the-radar ). 
 
E U  Q u e s t i o n  N ° 4 :  C a n  F i j i  p l e a s e  c l a r i f y in which cases waivers from procurement 
procedures were granted?  
Response: 
 
Waivers are granted in cases where: there is a single supplier or service provider for that 
particular procurement, goods or services to be procured are compatible with the equipment 
currently being used; goods or services are urgently required and tender process will only prolong the acquisition of these goods; and one government agency wishes to utilise the services of 
another government agency.  
 Para. 3.3.4: " Fiji has recently modernized its procurement legislation and brought it in line with 
international best practices. It appears not to be discriminatory against foreign companies".   
 WT/TPR/M/330/Add.1 
 
- 41 - 
 
  E U  Q u e s t i o n  N ° 5 :  D o e s  F i j i  i n t e n d  t o  join the WTO Agreement on Government 
Procurement? If yes, when would th e accession process be initiated? 
 Response: 
 
Fiji is focused on the multilateral process at the WTO, and has not considered entering into any of the plurilateral agreements already concluded by other parties. This does not however, preclude 
the possibility of considering the GPA at an appropriate time in future.  
  Page 60. Para 4.24. Fisheries. "In recent years, the Fijian offshore fishing industry has suffered 
from reduced fish stocks, low tuna prices and stiff competition from foreign fishing vessels. Most 
fishing companies have had to substantially scale back their fishing operations. On a more positive note, since December 2012, the Fiji Tuna Boat Ow ners Association (FTBOA) and the Fiji Offshore 
Fisheries Association (FOFA) have enjoyed the benefits of "sustainable certification" for their 
albacore longline fishery by the Marine Stewardshi p Council (MSC). The indust ry expects this will 
open access to markets that source seafood products from certified fisheries, promote value addition (e.g. by processing albacore loins instead of exporting frozen whole fish), create jobs and 
increase export earnings.). The EU notes that the FOFA certification occurred end 2014 and was in 
effect as of beginning of 2015.   
EU Question N°6 : Given the importance of fisheries in  Fiji's economy and exports, what 
strategy and measures have been taken by Fi ji to face the competition mentioned above 
in the Secretariat report? 
 
Response: 
 
The fisheries sector is an integral part of the Fiji an economy, the exports of fish and fish products 
over the years has been one of the highest, it ensures food security and employs and provides a 
sustainable source of income for ordinary Fijians.   In this connection, Fiji continues to support the development of the fishing industry through the "o pen door policy" whereby the Fijian Ministry of 
Fisheries and Forestry has conducted regular consul tations and awareness to ensure Fiji is meets 
all the obligations that it has committed to at the regional and multilateral level in order to maintain the sustainable management of the fisheries resources and to build an internationally 
competitive economy.  
 In order to establish a sustainable industry and fo llowing consultations, Fiji has developed and is 
implementing laws such as the Offshore Fisheries Management Decree,  the Fiji Offshore 
Management Regulations and the Tuna Management  Development Plan, where by all the laws and 
policies are modern and all elements pertaining to Fiji's regional and multilateral commitments are incorporated in these national laws. All the elemen ts that have been incorporated from regional 
and international instruments are aimed at ensuring sustainable management of fisheries 
resources.  
The Fijian Trade Policy Framework (FTPF) recognises  the importance of the fisheries sector and is 
working towards establishing itself as a regional hub for processing and exports fish. In this connection, the Fijian Government is collaborating with the industry stakeholders and is 
implementing pragmatic polices which enhances the competitiveness of the industry and those 
polices include:   
i. Rigorous and transparent license vetting system to ensure that the most compliant 
vessels are given licenses;  
ii. Tax exemptions on fishing equipment; 
  
iii. License transferability that ensures the effective functioning of the company whilst not 
affecting effort limitations in the Fijian EEZ; 
 
iv. Through a rigorous and transparent high seas authorisation vetting system; 
 
v. Reduced bunker fuel levies; WT/TPR/M/330/Add.1 
 
- 42 - 
 
  vi. The development and facilitation of a Tuna Support Fund to help alleviate the 
experienced low catch rates; 
 
vii. Assistance in the facilitation of fuel purcha ses via an efficient foreign currency billing 
system;  
viii. The reduction and/or removal of certain tax; 
 
ix. The assistance of market access such as with the Marine Stewardship Certification (MSC) 
certification will ensures fish from Fiji is sourced sustainability and premium price is 
sourced for them;  
x. Provide supporting infrastructure; and 
 
xi. Mounting Trade and Investment missions to key targeted destinations of which the 
fisheries stakeholders are part of. 
   
Page 75. Telecoms. Para 4.108 . "The Telecommunications (Licensing) Regulations 2012 
replaced the previous licensing regime (2008). The WTO Secretariat could not obtain information 
about the requirements for obtaining telecommunications licences under the new regime. 
Residents of Fiji, firms incorporated under the Co mpanies Act and Fijian government agencies or 
statutory bodies may apply for a telecommunication s licence. Licences have a validity of between 
12 and 15 years and can be renewed."  
 EU Question N°7 : The EU regrets that information co uld not be obtained by the WTO 
Secretariat. Can Fiji detail the requirements that are set for operators to be granted a 
licence under the new above me ntioned regime for telecoms? 
 Response: 
 
The requirements for obtaining a telecom licence are specified under Parts 1, 2, 3, 4, 5, 6, 7 and Schedules 1 & 2 of the Telecommunications Licencing Regulations 2012. The other parts of 
requirement are specified under the licence application form.  
 The regulation specifies the requirements necessary to obtain a telecom licence in Fiji and the 
forms specifies the required documents and finer details required.  It should be noted that one 
must first understand the size and dynamic of the Fijian market before applying for a licence. A copy of the regulation and application form ca n be downloaded from www.taf.org.fj  under 
Publication tab (No. 12) and Licencing tab.  
 WT/TPR/M/330/Add.1 
 
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  BRAZIL 
Part I – Questions regarding the Secretariat Report (WT/TPR/S/330) 
 
Page 53 (Para 3.117) 
 
Fiji has not yet accepted the Protocol Amending the TRIPS Agreement that was submitted to WTO Members for acceptance by means of a General Council Decision unanimously adopted by the WTO 
membership on 6 December 2005 (WT/L/641). By depositing its instrument of acceptance to the 
Protocol, Fiji would contribute to advancing the entry into force of the TRIPS amendment which establishes a new pathway for the export of generic medicines, a measure that may assist countries in its region gaining access to medicines. 
 
Question:  
Is Fiji considering accepting the Protocol Amendi ng the TRIPS Agreement? What is the time-frame 
for its acceptance?  
Response: 
 
Fiji is currently considering the matter and the inst rument of acceptance to the protocol amending 
the TRIPS Agreement will be tabled in Cabinet and Parliament in 2016 for their consideration and 
there after the instrument of acceptance will be deposited subject to Parliamentary approval.  
Page 53 (Para 3.118) 
 
Fiji is party to four WIPO treaties: the WIPO Co nvention, the Berne Convention (for the Protection 
of Literary and Artistic Works), the Rome Conventi on (for the Protection of Performers, Producers 
of Phonograms and Broadcasting Organizations) an d the Geneva Convention (for the Protection of 
Producers of Phonograms against Unauthorized Duplication of their Phonograms). (…) 
 Question: 
 
Is Fiji considering acceding to the WIPO Marrake sh Treaty to Facilitate Access to Published Works 
for Persons who are Blind, Visually Impaired or Otherwise Print Disabled? 
 
Response: 
 
The Fijian Government is intending to accede to the WIPO Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually  Impaired or Otherwise Print Disabled. It must 
be noted that the Fijian Government had signed the final act of the WIPO treaty to facilitate access to published works by visually impaired person s and persons with print disabilities at the 
diplomatic conference to conclude a treaty to facilitate access to published works by visually 
impaired persons and persons with print disabilities  ("Diplomatic Conference ") in Morocco which 
was held from the 17-29 June, 2013. 
 
It must be emphasised that the accession of the WIPO Marrakesh Treaty to facilitate access to published works for persons who are blind, visually impaired or otherwise print disabled will 
undergo the necessary parliamentary process pursuant to section 51 of the Constitution which 
requires any international treaty or convention to go through Parliamentary approval.   Implementation of obligations under the Marakesh Treaty will require technical assistance.  
 
 WT/TPR/M/330/Add.1 
 
- 44 - 
 
  JAPAN 
Report by Fiji (WT/TPR/G/330) 
 
2 ECONOMIC DEVELOPMENT 
2.2 Performance of Major Sectors 
2.2.7 Fisheries  
Question 1: Page7, Paragraph 2.29 
  This paragraph shows that the amount of exported Tuna products has increased rapidly in recent years, and indicates that tunas are important for Fiji's fishing industries. Japan imports Big Eye 
Tuna (BET) products from Fiji, but substantial difference was found between the statistic of BET 
catch volume Fiji reported to an international organization (WCPFC) and statistics of Japan's BET import compiled in statistical documents which were issued by Fiji Government and were attached 
to BET products. The amount of Japan's imported BET products is larger than the amount of catch. 
More specifically, while the amounts of Fiji's BET catch reported by WCPFC from 2010 to 2013 are 
539t, 1,718t, 1,588t and 1,018t respectively, the am ounts of Japan's imported BET products from 
Fiji are 2,172t, 3,754t, 4,271t and 2,266t. The St atistical Document contains information on 
fishing such as flag of fishing vessel, amount of ca tch, date of catch and area of catch.  Therefore 
to calculate this amount of imported BET products, we added only the amount of BET products caught by Fiji's fishing vessels in WCPFC area. In other words, catch volume exported from Fiji but 
caught by non-Fiji flag vessels is excluded from the import statistics. Since such discrepancy may 
bring suspicion on IUU fishing from other countries, it is highly appreciated if Fiji could provide 
rationale why this discrepancy – Fiji has exported more BET to Japan than reported volume Fiji-
flagged vessels caught - arises. 
 Response: 
 
Fiji is making every effort to combat Illegal, Unreported and Unregulated (IUU) fishing via its own 
national and international commitments such as the formulation of the Offshore Fisheries 
Management Decree [OFMD] and the Offshore Fisheries Management Regulations [OFMR] that 
have been developed to international standards. Fiji has reduced its license CAP to 60 and the Total Allowable Catch (TAC) from 15,000 metric tonnes (mt) to 12,000 mt for Bigeye, Yellowfin 
and Albacore tuna and further decreased the TAC to  a 7,294 mt for Albacore caught in the Fijian 
Economic Exclusive Zones (EEZ) under the Tokelau Arrangement. All of this is being done whilst the region's target and limit reference points are being developed by the Western Central Pacific Fisheries Commission (WCPFC). 
 
The regional joint surveillance and enforcement operations and the implementation of Vessels 
Monitoring Systems (VMS) and more recently the effort in e-monitoring and traceability, has had 
the added impact of a proper and efficient catch documentation of Fiji's export commodities which 
also allows Fiji to commit to the sustainable management of fisheries resources due to Fiji's own efforts within its EEZ.  
Whilst the values that Fiji has provided in its Pa rt 1 of the annual report to the WCPFC indicates a 
more modest figure,  by virtue of the use of log-sheet catch values to the values that have been shown pertaining to Bigeye tuna exports, it should be noted that Fiji, in improving the  traceability 
"checks and balances"  has continued to develop verification processes to utilise landings data that 
is cross verified by Fisheries Officials  who  cont inue to monitor the catch, landing and export of 
the products with documentation verification at each point. This means that when dealing with 
Statistical Documents [SDs], Fiji utilises actual weights sourced from landings data that are 
verified though port sampling and monitoring programmes.  Fiji has continued to maintain a close working relationship with the industry fleet managers, 
captains and operations managers on a one to one dialogue to ensure that there is reduction or 
elimination of any possibility of under-reporting catches by ensuring the companies are compliant through a hard line approach via the implementation of fixed penalty notice or in certain cases, the 
suspension of licenses in the event of re-occurre nce of offences or the revocation of license 
renewals altogether.  WT/TPR/M/330/Add.1 
 
- 45 - 
 
  Furthermore, Fiji is committed to combat IUU by implementing the TraceALL project tracking tuna 
and their products from their capture to their export, the implementation of Secretariat for the Pacific Communities e-reporting project that capture a more realistic documentation of log-sheet catch data when a vessel is at sea and also the more recent e-monitoring Food and Agriculture 
Organisation (FAO) project on the use of electronic cameras to properly capture the fishing 
activities on the long line fishing vessels.  
Fiji also takes this opportunity to reaffirm its commitment to comply with national, regional and 
international instruments and adhere to the various requirements that trading partners require in order to ensure that highest possible standard of traceability is maintained and Fiji leads the regional efforts to combat IUU fishing and ensure sustainability of the fisheries resources in the 
long term. 
 Follow-up question: 
 
Japan appreciated that the government of Fiji provided information how much efforts the Government of Fiji has paid for combatting IUU fishing. It could be further appreciated if the 
Government of Fiji would provide further explanation why inconsistency was detected between 
bigeye catch volume by Fijian flag vessels and bi geye export volume to Japan – and export volume 
was larger than catch volume - as follows: catch 539t vs export 2,172t in 2010; catch 1,718t vs export 3,754t in 2011; 1,588t vs export 4,271t in 2012; catch 1,018t vs export 2,266t in 2013. 
 
Response:  
The discrepancies between big eye tuna catch volume and export volume to Japan is as a result of 
differences in classification of imports and originating fish and subsequent classification upon export as re-exports. At the point of landing, even  fish landed by Fiji flagged vessels, but caught 
outside of Fiji’s Exclusive Economic Zone (EEZ), ar e classified as imported fish. Accordingly, upon 
export, inter alia to Japan, such fish are classi fied as re-exports rather than Fijian domestic 
exports. Accordingly, it is possible that although the statistical document upon import to Japan shows that the fish was caught by a Fiji flagged vessel, it was not classified as a Fijian domestic 
export by agencies in Fiji reporting to Western Central Pacific Fisheries Commission (WCPFC).  Fiji 
reports landing catch data to Japan which includes all species caught thus, this is a discrepancy in the data reported to WCPFC and Japan. As way forward, from this year landing catch data will be 
reported to international organizations and trading partners as requested.     
 Report by the Secretariat (WT/TPR/S/330) 
 
4 TRADE POLICY BY SECTOR 4.5 Services 4.5.4 Transport 
4.5.4.2 Maritime transport and ports 
 
Question 2: Page79, Paragraph 4.131 
  
With regard to the "pilot framework (is expected to be implemented in March 2016)" in paragraph 
4.131, will the framework finally result in the port rates increase, as is in the case in August 2015?  
If so, we would be much grateful if you could provid e us with the information if there is any plan of 
consulting with shipping companies prior to the actual implementation of port rates increase.  For your information, in case the framework leads to the increase, what shipping companies can do is to shift the increase to shippers as surcharges.  It eventually leads to increase of the overall cost 
touched in paragraph 4.132., which could bring a possibility of decreasing international 
competitiveness of Fiji.  
Response: 
 
With the Voluntary Compliance Framework, the indust ry will not be directly regulated in terms of 
price regulation but a compliance framework will  be developed by the Fiji Commerce Commission 
to ensure price stability, conduct fairness and equitable returns. Under the Compliance Framework, the Commission will develop an industry specific guideline on the requirements under the 
Commerce Commission Decree 2010 to eliminate cases of unfair and restrictive trade practices.   
 WT/TPR/M/330/Add.1 
 
- 46 - 
 
  The framework will include but not limited to the following: 
 
a) Pricing Methodology 
b) Factors to consider for Ports tariff reviews; 
c) Consultation Process; 
d) Frequency of Reviews; and 
e) Essential requirements of CCD2010 and Government's Strategic Plan. 
 
The Compliance framework will ensure that all stak eholders are consulted review and the changes 
justified.   The framework will lot necessary increase the port tariff rates.   
 
 WT/TPR/M/330/Add.1 
 
- 47 - 
 
  RUSSIAN FEDERATION 
Regarding the Secretariat Report (WT/TPR/S/330) 
 3   TRADE POLICIES AND PRACTICES BY MEASURE 
3.1.4 Tariffs 
3.26 p.33  
For some 42 lines, mostly alcoholic beverages, MFN applied tariff rates exceed bound rates when 
using AVEs based on 2013 import data (Table 3.2).  Question: 
 
Could Fiji please specify if there are plans to ensure Fiji's compliance with its tariff bindings with respect to alcoholic beverages? 
 
Response: 
 
This particular policy is being implemented in collaboration with the Fijian Ministry of Health and World Health Organization (WHO) provided expertise advice on this issue. Non Communicable Diseases (NCDs) is one of the major causes of death to Pacific Island Countries (the Pacific was 
declared a NCDs Crisis region in 2011).  
 In light of the seriousness of the matter, Fiji is taking appropriate action to address that from all 
possible avenues, and taxation is an important and effective means to reduce the consumption of 
alcoholic beverages and related products.    Excise rates for both local and imported alcoholic beverages and related products continue to be 
increased on a yearly basis to dampen its demand, as a way to boost Fiji's fight against NCDs with 
an objective of making Fiji a healthier nation.    
3.1.5 Import prohibitions, and licensing 
Table 3.4 Prohibited imports p.36  
All cereals, pulses (dried leguminous vegetables, shelled, whether or not skinned or split) and 
legumes and products composed or made from them, including stock feed (excluding polished rice and pulses intended for human consumption and pr oducts made from or composed of cereals, 
pulses, and legumes intended for human consumption, that have been subject to any 
manufacturing process other than or in addition to rolling, flaking, pearling or milling) from all 
countries except Australia, Canada, Chinese Taipei, Japan, Mexico, New Zealand, the United States and all Pacific territories other than French Pacifi c Territories and Vanuatu (flour and sharps made 
in mills and by a process approved by the permanent Secretariat for Primary Industries may be 
imported from France).   
 Question:  
 
Please specify  how is it possible to get acquainted with the mentioned measures and the grounds 
for their introduction? 
 
Response: 
 
The above mentioned measures can be furnished and provided upon request to Biosecurity Authority of Fiji via email: info@baf.com.f j or Phone: +679 3312512 or Fax: +679 3305043. 
 
Their introduction into Fiji is on a needs basis upon enquiry and application of import permits for 
importation by prospective interested parties.  WT/TPR/M/330/Add.1 
 
- 48 - 
 
  3.1.9 Sanitary and phytosanitary requirements 
3.59 p.41  Import permits are required for all animals and their products, including 
fresh/chilled/frozen/preserved meat and poultry; processed meat (e.g. sausages) and poultry; 
noodles containing albumen and/or natural meat/poultry flavours; natural beef base and stock; canned meat/poultry; dairy products (milk, cheese,  yoghurt, butter, whey, etc.); semen; hides; 
feathers; natural bristles; eggs (including albu men); embryos/ova; animal feeds (e.g. meat and 
bone meal); and honey. Imports shipped without permits and veterinary certification will be 
reshipped or destroyed at the importer's expense. Imported honey is prohibited unless it is imported for processing. 
 
Question:   
 
Please provide more information on the requirements to be fulfilled for obtaining import permits in 
Fiji.  
Response: 
 
Import permits for individual products have individual requirements based on the pests and diseases associated with from the originatin g countries. Thus, upon enquiry to Biosecurity 
Authority of Fiji, these requirements can be prov ided to the enquirers. Currently, there is no 
pathway for import of any animal products from Russia and the process will need to be followed to 
create such a pathway including through the conduct of a risk assessment of relevant facilities. 
 3.60 p.41 
 
Imported plants and plant products may require import permits; new commodities also need an 
import risk analysis (IRA) carried out by the BAF. Imports of all fruits and vegetables, cut flowers, 
coconuts, mushrooms, rice and other grains, nuts , and kernels require a quarantine permit and a 
phytosanitary certificate from the exporting country, many of which (e.g. citrus fruit) must be 
treated with methyl bromide in the exporting co untry. Fruit and vegetables must be grown and 
packed in areas at least 80 km from fruit fly infestation areas (currently only applies to Australia) 
or be subject to methyl bromide treatment or be held in cool storage for 14 days at 0°C before 
shipment. All seed imports or plant and plant parts are subject to mandatory IRA. In addition to its BQA with New Zealand, Fiji's plant protection legislation covers mandatory biosecurity and quality control of exported plant products.  Fiji has deve loped a system approach standard on the entire 
BQA systems pathway in order to address pests of concern and export quality for chillies, 
eggplants, leafy vegetables, prickly mangoes, and okra to ensure that export-market requirements 
are met.   
 
Question 1:   
 Please clarify whether the information on risk analysis procedure is available. Please provide the 
link for such source of information. Moreover, could you please specify which products are covered 
by such requirements, what methods are used an d of what stages does the procedure consist? 
What are the requirements for applying for an  import quarantine permit for the regulated 
products/goods? 
 Response: 
 
The procedures for import risk analysis are similar to the internationally accepted guidelines and are available upon request to Biosecurity Author ity of Fiji via email (info@baf.com.fj) but not 
through website yet. 
 
All products from individual countries that have no t yet been imported to Fiji and will be imported 
for the first time need to undergo the assessmen t process via Import Risk Assessments (IRA). 
 
The standard procedures for an Import Risk Asse ssment (IRA) of a new commodity are as follows: 
 
 Import Risk Initiation WT/TPR/M/330/Add.1 
 
- 49 - 
 
   The identification of a pathway that presents a potential pest hazard, 
 The identification of a pest that may require phytosanitary measures, or 
 The review or revision of phytosanitary policies and priorities. 
 Import Risk Assessment 
 Identity of pest 
 Presence and distribution in the area 
 Pest regulatory status 
 Potential for establishment, spread and economic consequences 
 Pathway identification and evaluation 
 Survival probability of pest and transfer to a suitable host 
 Import Risk Management 
 Pest Impacts 
 Mitigation factors  
 Risk Communication 
 IRA Report 
The time period required to conduct and complete an IRA on a new product varies considerably. It 
could be approximately between 6 to 24 months depending on a variety of factors involved in the 
exercise.  
The requirements for applying are via filling in th e relevant information on the Permit to Import 
Plant Matter Application Form obtainable from BAF office or website and supplying relevant supporting documents like manufacturers' declarations and area freedom of pests and diseases. 
 
Question 2:   Please specify the import requirements for disinf ection of the regulated products? Please provide 
more information on products, which should be disinfected. 
 Response: 
 
Disinfection of regulated products can be via va rious means. These could include treatments with 
methyl bromide gas, dusting with fungicide and insecticides, dipping and washing with approved 
disinfectants and cold storage treatments. 
 Products that are assessed during the IRA process to have pests and diseases associated with 
them are mandatorily subject to disinfection as a mitigation measure to allow safe trade. WT/TPR/M/330/Add.1 
 
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  NEW ZEALAND 
Report by the Secretariat (WT/TPR/S/330) 
 
SECTION 2: TRADE AND INVESTMENT REGIME 
 
2.2 Trade Policy Formulation and Objectives Section 2.2, page 18, paragraph 2.6 
 
The Secretariat's summary, at paragraph 2.6, stat es that "The private sector and civil society 
continue to interact formally and informally with the Government. In July 2015, the MITT launched the Fijian Trade Policy Framework (FTPF) 2015- 2025 which sets out a structure for such 
interaction and for the implementation of its policy recommendations and other trade-related 
issues…".   
Question: 
 How has the FTPF assisted the Fijian Government in promoting its trade agenda so far? 
 
Response:  The FTPF has assisted the Fijian Government to pursue and promote its trade agenda both 
domestically and internationally as well as in putting in place strategies to improve the business 
climate for the private sector and businesses to thrive. FTPF is aimed at maximizing development gains by enhancing growth in Fiji's industrial  base, investments and the export of goods and 
services. 
  The FTPF is Fiji's overarching policy that spells out policy measures and strategies that are driving 
and enhancing domestic and international trade and recognises the private sector as the engine for 
economic growth and development.   The FTPF is the guiding document towards the pr esent and any future agreements between Fiji 
and her trading partners. Its aim is to improve and secure meaningful international market access 
which promotes the production and export of value added products in order to contribute to job and wealth creation. 
 
It is the vision of the Fijian Government to use trade to develop Fiji into a vibrant, dynamic and 
internationally competitive economy serving as the Hub of the Pacific. In this regard, Government 
is implementing the FTPF policies and it is expected that at the end of the lifespan of the FTPF, it 
would have assisted greatly to attain a high level of comparable competitiveness in every aspect of operations, moving goods and people across the bo rder, internal logistics, world class transport 
and communication links and as well as huge reductions in the cost of doing business and as well 
as secure diversified export markets. 
  Under the Market Access milestones, we have achieved the target of finalising text based 
negotiations of the comprehensive Melanesian Spearhead Group Trade Agreement and we are 
negotiating PACER Plus Agreement as part of  trade expansion. Under the Trade promotion 
milestone, we have been very active in promoting Fijian Trade products through inbound and 
outbound trade and investment missions as well as marketing Fiji as a preferred investment and 
tourism destination in the Pacific.  Under the trade facilitation milestones, Fiji is on course to ratify the WTOTFA in 2016. With respect 
to the Single Window clearance system, we are on schedule and in the first phase of the 
implementation stage. All Fiji Revenue and Customs Authority (FRCA) port offices are linked to ASYCUDA WORLD, and FRCA now has automation. Other major border agencies will come on 
board in linking their interface with the ASYCUDA  WORLDS system. The second phase will be to 
move to the Port Single Window, and then onto the third phase of National Single Window.   
Finally, in terms of partnerships, the National Trade and Development Council (NTDC) created by 
the FTPF provides for the main public-private-civil society consultative mechanism on all trade and other trade related issues ranging from policy formulation and implementation issues to trade negotiations, implementation of trade agreements and devising initiatives at the national, regional WT/TPR/M/330/Add.1 
 
- 51 - 
 
  and multilateral level. It ensures that the views of all stakeholders are taken into account in the 
formulation and implementation of national trade policy. 
 
2.3.3 Investment regime 
Section 2.3.3, pages 24-25,  paragraphs 2.29 and 2.30 
 The Secretariat's summary, at paragraph 2.29, states that "The Foreign Investment Act (FIA) 
1999, the Foreign Investment (Amendment) Act 2004, and the Foreign Investment (Amendment) 
Regulation 2013 lay down the guidelines by which a foreign investor can invest in Fiji" and at 2.30, states that "Prior to the commencement of the business, a foreign investor has to apply for and obtain approval from the following agencies: the Registrar of Companies for reservation and 
registration of a company/business name; Investment Fiji for a foreign investment registration 
certificate; the Department of Immigration for work permits; Fiji Revenue and Customs Authority (FRCA) for the registration of tax and VAT; RBF for the issue of capital; local town/city councils for 
a business licence to operate in the respective area; and Fiji National Provident Fund for 
employer/employee registration. The foreign investor may also require an approval/permit/licence from other relevant agencies depending on the scope of the business". 
 
Question:  In order to give foreign investors as much certainty as possible, how is Fiji streamlining its foreign 
investment regime? 
 Response: 
 
In terms of streamlining and improving foreign investments regimes in Fiji Investment Fiji is in the process of reviewing the Investment Act and associated regulation in order create policy which 
attracts investors in the key identified sectors of the economy.  
 In addition, with regards to registration of foreign investment projects in Fiji, the Fijian Government has created a "Single Window Clearanc e System", also known as "e-Services" which 
is a portal with an online centralized application form aimed at creating efficiency in registration of 
investment projects in Fiji that would enable multiple service delivery for investors for both registration and payments. The introduction of  the on-line "Single Window Clearance System" 
caters for investors throughout the world and has improved in setting businesses in Fiji.  
 Currently, the on-line services provides investors with the ability to register for Name 
Reservation/Business Registration at Registrar of Companies, attain Foreign Investment 
Registration Certificate/Approval letter at Investment Fiji, Tax Identification Number for business at Fiji Revenue Customs Authority and Issuance of Shares/Partnership Interest at Reserve Bank of 
Fiji.  
 
As part of the on-going requirement in e-Services, Investment Fiji is currently liaising with Information Technology Services Computing Services (ITC) to incorporate changes in company 
regulations under the Companies Act 2015, fees changes due to Value Added Tax (VAT) reduction 
and a customer communication portal, online.   
It is envisag ed that Tier 2 agencies such as Department of Immigration, F iji National Provident 
Fund, Department of Land, Mari time Safety Authority of Fiji, I'taukei Land Trust Board, 
Department of Fisheries, Department of Minera l Resources, Department of Land and Country 
Planning, etc will be included in the E-Services for the second stages by Quarter 4. Investment Fiji 
will be required to collate requirements/documen ts of these agencies for the creation of the 
collective form that can be incorporated in the existing system.   
It is important to also note that the 5 day turnover processing time-line is expected to increase 
when the Tier 2 agencies are included.  
Investment Fiji recognizes that a customer centric approach is essential to generating a deeper 
understanding of the investors' business goals. Knowing investors is the foundation of Investment Fiji success, who they are and where they want to  go in order to build and deliver our support 
programs.  
 WT/TPR/M/330/Add.1 
 
- 52 - 
 
  Investment Fiji is developing a comprehensive rang e of post-investment or after-care services for 
existing investors, and have identified this as key for generating both new investment and 
upgrading the quality of existing projects over ti me. Investment Fiji recognizes that a significant 
amount of investment is in the form of re-investment or expansions by existing investors both 
domestic and foreign.  
 The outcome of the report will have a two-fold approach of establishing pre-registration and post–
registration guide based on sector will be able to provide investors on information that leads to 
successful registration and implementation of projects in Fiji.   Investment Fiji is in the process of developing a Client Relationship Management (CRM) system in 
Microsoft Dynamics that will provide assistance in establishing investor. It also allows us to 
monitor our progress, the time taken to achieve a task, and the work completed for each customer.  
 
The dissemination of data will be created into po licy paper targeted at improvement investment 
and employment.  
 
SECTION 3: TRADE POLICIES AND PRACTICES BY MEASURE  3.1.1 Customs procedures and requirements  
Section 3.1.1, page 28, paragraph 3.7 
 The Secretariat's summary, at paragraph 3.25, states that "[a]t the end of November 2015, Fiji 
was yet to make its notification of Category A commitments under the WTO Agreement on Trade 
Facilitation".  
Question: 
 When will Fiji be in a position to notify its Category A commitments under the Agreement on Trade Facilitation? 
 
Response:  
Having finalised undertaking national priorities and needs assessment and categorisation process 
in the second quarter of 2015 and the final report in the fourth quarter of 2015, Fiji is expected to ratify the WTO TFA and notify its Category A commitments in 2016.  In terms of the domestic 
process, Fiji is currently undertaking an internal technical reconfirmation of the categories in 
preparation for final validation by the National Trade and Development Council. The recommendation will then be submitted to Cabinet for consideration and subsequently to Parliament for ratification. The entire process is ex pected to be finalised before or during the 2016 
Parliamentary calendar. 
 3.1.4 Tariffs  
Sections 3.1.4.1 and 3.1.4.2, pages 29 and 33, paragraphs 3.18 and 3.25 
 The Secretariat's summary, at paragraph 3.25, states that "there remains a significant difference 
between the overall bound average of 40.2% and the simple average applied MFN tariff of 11.2% 
(Table 3.1). Fiji bounds its tariff lines on agricult ural products (WTO definition) at a final simple 
average rate of 40.6% (compared with a simple  average applied MFN rate of 12.5%); the final 
simple average bound tariff rate for non-agricultural products is 40% (simple average applied MFN 
rate of 11%)". Furthermore, at paragraph 3.18, it states that "Fiji's MFN tariff rates are contained 
in Schedule 2 (Parts 1-3) of the Customs Tariff Act, 1986. They are amended annually by the FRCA at the end of each calendar year (usually Nove mber) for the following year, as part of budget 
deliberations. Tariff rate changes must be approved by Parliament and become operative when the 
legislation is passed, usually during the budget si tting. As part of the budget process the Ministry 
of Finance invites stakeholders to make tariff proposals and also undertakes budget consultations 
for the forthcoming budget, and these are assessed in the Revenue Technical Committee 
(consisting of the Ministry of Finance and the FRCA officials). 
 WT/TPR/M/330/Add.1 
 
- 53 - 
 
  Question: 
 Given the difference in bound and MFN tariff rates, has Fiji made any assessment of how annual changes to applied tariff rates affect trade volu mes and confidence and certainty amongst traders? 
 
Response:  
Fiji has as an open and liberal tariff policy whereby Fiji has autonomously reduced applied rates on 
goods. The tariff bands applied have been realigned to provide greater predictability and to account for changes in administration of imports in particular of raw materials and capital goods. However, Fiji retains the ability to raise applied rates up to the ceiling of relevant bound rates in 
order to respond to external shocks and vulnerabilities to external trading factors.   
 SECTION 4: TRADE POLICIES BY SECTOR 
 
4.1 Agriculture  Sections 4.1.1 and 4.1.2, pages 56-57, paragraphs 4.1 and 4.6 
 
The Secretariat's summary, at paragraph 4.1, stat es that "between 2009 and 2014, agriculture's 
annual contribution to Fiji's GDP averaged 8.1%. the sector continues to play a key role in the economy: it generates foreign exchange earnings, supplies raw materials for agro-processing 
industries, and employs, directly or indirectly, nearly two-thirds of the labour force" and at 4.6, 
states that "revitalizing the agricultural sector remains at the core of the Government's socio-economic development policies. The overarchin g goal of the 2020 Agriculture Sector Policy 
Agenda, issued in August 2014, is to establish a diversified, economically and environmentally 
sustainable agricultural economy in Fiji. For this purpose, five objectives and strategic actions have been set: (i) to build a modern organized agricultural sector; (ii) to develop an integrated system 
of supporting infrastructure; (iii) to strengthen agriculture support services; (iv) to enhance 
capabilities to secure domestic and foreign investment; and (v) to improve planning and policy formulation".  
Question: 
 Given the importance to Fiji of its agricultural exports, how is Fiji strengthening the Biosecurity 
Authority of Fiji's resourcing and working with farmers and exporters to ensure that systems are 
as robust as possible, in order to achieve the five strategic objectives noted above?  
Response: 
 
Fijian government has increased the budget allocation for the Biosecurity authority of Fiji to recruit 
more biosecurity officers and more technical personnel's to improve service delivery which is more 
farmer and exporter orientated. 
 Biosecurity Authority of Fiji (BAF) has collabora ted with Fiji Livestock and Crops Council and 
Ministry of Agriculture to reach out to farm ers and exporters through awareness programs. 
 
BAF has introduced notification and advice system in order to disseminate information to farmers 
and exporters for any changes in pathway and export status. 
 BAF is working with partners to introduce the e-phyto certification.  Further work is in progress in the development of management system which is robust and customer orientated. 
 
4.2 Fisheries Section 4.2.1, page 60, paragraph 4.24 
 
The Secretariat's report, at paragraph 4.24, states that "in recent years, the Fijian offshore fishing industry has suffered from reduced fish stocks, low tuna prices and stiff competition from foreign 
fishing vessels. Most fishing companies have had to substantially scale back their fishing 
operations. On a more positive note, since December 2012, the Fiji Tuna Boat Owners Association (FTBOA) and the Fiji Offshore Fisheries Association (FOFA) have enjoyed the benefits of "sustainable certification" for their albacore longline fishery by the Marine Stewardship Council 
(MSC).16 The industry expects this will open acce ss to markets that source seafood products from WT/TPR/M/330/Add.1 
 
- 54 - 
 
  certified fisheries, promote value addition (e.g. by  processing albacore loins instead of exporting 
frozen whole fish), create jobs and increase export earnings."  Question: 
 
What work has Fiji done internationally to try and address fisheries subsidies by partners, given the negative impact these can have on Fiji's domestic fishing industry? 
 
Response:  Fiji believes that fisheries subsidies hampers the co mpetitiveness of the Fijian fishing industry as it 
gives unfair advantage to foreign vessels that are provided with these subsidies.  
 In order to address this, Fiji is actively involved at both the regional and multilateral level on 
fisheries issues. Fiji reaffirms its commitment to a multilateral outcome on fisheries subsidies 
disciplines that takes into account the sustainability concerns of fish stocks in the oceans, while also taking into account the developmental and food security needs of small island developing 
states such as Fiji.  
 It should be noted that Fiji is not a powerful player as far as tuna fishery is concerned. Therefore, it urges regional and multilateral collaboration to successfully address the issue of fisheries 
subsidies, in line also with the 2030 Agenda for Development.      
 Fiji has and is taking necessary steps to ensure sust ainability of tuna fishery even though Fiji is not 
within the equatorial spawning area and is at the tail end of the highly migratory tuna fishery. Fiji 
is committed to "do its part" in the sustainable management of tuna and tuna like species that are caught within the Fijian Exclusive Economic Zone (EEZ). 
 
Internationally, Fiji is an active member of the Western Central Pacific Fisheries Commission (WCPFC) where all the regional rules for fisheries management and conservation are set. Fiji is implementing Offshore Fisheries Management Decree (OFMD) and its Regulations in order to 
combat Illegal, Unreported and Unreported (IUU) fishing. 
 4.2 Fisheries 
Section 4.2.2, page 62, paragraph 4.37 
 The Secretariat's report, at paragraph 4.37, states that "Fiji applies a number of tax concessions to 
assist the fishing industry; these include an exem ption of the import duty (F$0.02/litre) on bunker 
fuel for local fishing vessels; zero-rate import duty on imports of all spare parts for maritime vessels; and duty-free importation of specialized machinery/equipment directly used by the fishing industry, provided a letter of approval is issued by Department of Fisheries in relation to such 
machinery/equipment. In addition, the 2015 Budget  provided for import duty concessions for 
machinery used by companies involved in canning and pouch packaging of fish."  
Question: 
 Given that the future of marine capture fisheries is an urgent resource problem facing the 
international community, and that action is urgently needed to control, reduce and eventually 
eliminate fisheries subsidies that contribute to overfishing and overcapacity,  can Fiji provide 
details of the steps it takes to ensure that the tax concessions it provides to assist the fishing industry (para 4.37), do not subsidise vessels or operators engaged in the fishing of stocks that 
are in an overfished condition? 
 Response: 
 
Fiji has and is taking substantial steps to ensure su stainability of tuna fishery even though Fiji is 
not within the equatorial spawning area and it is at the tail end of the highly migratory tuna 
fishery. Fiji is committed to "do its part" in the sustainable management of tuna and tuna like 
species that are caught within the Fijian Exclusive Economic Zone (EEZ).  Fiji has reduced the license CAP to 60 and reduced the Total Allowable Catch (TAC) for Albacore, 
Bigeye and Yellowfin tuna to 12,000 metric tonnes (mt) from 15,000 mt and also further reduced WT/TPR/M/330/Add.1 
 
- 55 - 
 
  the Albacore catch levels to 7,294 mt under the Tokelau Arrangement, in addition to developing 
legal instruments [Offshore Fisheries Management Decree (OFMD) and  Offshore Fisheries Management Regulation (OFMR)] and policies [ National Plan Of Action (NPOA) Illegal Unreported and Unregulated (IUU) Fishing, NPOA Sharks, Multilateral and Bilateral arrangements and 
Memorandum of Understandings (MoUs)] to international standards and setting standards in zone 
for output control measures; reaffirms Fiji's stand in that is a major contributor to global aims on sustainable management and the combat IUU fishing. 
 
It should be noted that vessels that apply for and are issued with licenses undergo a very strict vetting procedure in a transparent manner whilst ensuring that said licensed vessels are compliant not only to the national but also to the regional and also international standards. The said vessels 
are licensed under the OFMD and its Regulations an d must adhere to various conventions codes of 
conduct with respect to responsible fishing.  
Subsidies provided to foreign fleets have the effect  of contributing to the issue of overfishing as 
said subsidies also have the added effect of foreign vessels flooding the market with tuna and tuna like products that not only contribute to overfishing but also reduces the selling price of the tuna 
and tuna like products. Additionally, said fleets are able to stay out longer at seas and receive fuel 
and other provisions from other subsidised fishing or carrier vessels thus increase their effectiveness of the mentioned vessels.   
In the case of the Fiji's national longline vessels' the subsidies are aimed at alleviating the burden 
on the Fiji's domestic fleet by subsiding items such as reducing or removing the taxation on fishing related items, much like the reduction of the bunker fuel levy for the domestic fleet and increasing 
it for the foreign fleet in order to ease the operational cost of operating within the fishery. The 
difference is then used to provide for a fund that is to assist in the sustainable development of the 
fishery known as the Tuna Support Fund. 
 
Ultimately, where other fleets are given a competitive edge with subsidies, the Fiji longline national fleet companies can now enjoy "reduced costs of operations" in order to stay afloat and continue to contribute to the Fijian economy through its export earnings and employment creation 
in the sector to name a few. Regardless, this fishery is regulated and monitored through the 
Monitoring, Control and Surveillance (MCS) system guided by legal instruments and policies in addition to the various treaties and conventions that is a member of and signatory too. The MCS 
system checks catch against license conditions, and as licenses are based, inter alia, on 
permissible catches by stock, fishing activity is  regulated to avoid targeting overfished stock. 
 
4.2 Fisheries 
Section 4.2.2, page 61, paragraph 4.29  The Secretariat's report, at paragraph 4.29, states that "The Tuna Development and Management 
Plan, as revised in 2014, aims at maximizing long-term economic returns to Fijians from tuna 
fishing. The Plan sets sustainable catch limits, an annual cap on the number of licences issued, and licence fees to support management of the fisher y. The total allowable catch (TAC) limit within 
Fiji's EEZ is 12,000 metric tonnes of tuna (albacor e, bigeye and yellowfin). In order to prevent 
overfishing and depletion of fish stocks, the cap on the number of licences was reduced from 110 
to 70 in 2011 and to 60 in 2014. Accordingly, a total of 60 licences were issued in 2015, of which 
51 for Fiji-flagged vessels and nine for foreign-fl agged vessels exclusively chartered by locals." 
 Question:  
New Zealand welcomes Fiji's approach to the sustainable management of its fisheries resources. 
 Is Fiji able to quantify the impact its Tuna Development and Management Plan is having on the tuna fishery? 
 
Response:  
The Tuna Management Development Plan (TMDP) 2014-2018 has provided guidance in that it has 
laid out the sustainable management and development of the fishery in order to ensure sustainable economic viability.  WT/TPR/M/330/Add.1 
 
- 56 - 
 
  The objectives of Fiji's Tuna Management Development Plan (TMDP) 2014-2018 are being 
achieved through concurrent action with regional partners and organisations. Management systems are seeing qualitative improvements as a result. Quantitative impacts are however more 
difficult to measure at this time. Some of the initiatives to implement the plan are as follows. 
 
Fiji has developed the Offshore Fisheries Management Decree (OFMD) and the Offshore Fisheries Management Regulations (OFMR), legal instruments that have met international standards and are 
authorities by whom the Fiji fisheries waters are sustainably managed. 
 Currently, and as the Western and Central Pacific Fisheries Commission (WCPC) is in the process of developing target and limit reference points, Fiji reduced the Total Allowable Catch (TAC) 
12,000 metric tonnes (mt) from 15,000 mt for Albacore, Bigeye and Yellowfin Tuna. This is in 
addition to the license CAP being reduced to 60 license vessel spaces, spaces which only can be met pending a rigorous and through vetting system with line Ministries. This ensures a transparent 
licensing process where the benefits to the applican ts when given a license are by their capacity to 
maintain economic viability through their catch per unit effort and their ability to find additional markets. 
 
Fiji, through the OFMD and OFMR are able to abso rb sustainable management principals such as 
the Conservation and Management Measures (CMMs) under the WCPFC and via the utilisation of the latest in scientific research and economic  data. Where there is none, the use of the 
precautionary approach is applies. 
 The OFMD and OFMR has ensured the robust and effective monitoring, control, surveillance, 
enforcement and investigations carried out under the relevant Monitoring, Conservation and 
Surveillances (MCS)  policies and guidelines. This is indicated by Fiji's ability to monitor the fishing activities of the Fiji national longline fleet and foreign fleet that arrive at each of Fiji's ports in 
order to carry out landing, bunkering, transhipment or provisioning.  
 These activities are monitored through boarding and inspections, observer placements, port sampling and port monitoring activities. All of this in additional to the hard lined approach on the 
issuance of fixed penalty notices, the charging of serious offences, the suspension of or re-
vocation of license renewals.   
Fiji continues to bolster its efforts in the development of catch documentation schemes through 
verification systems pertaining to Statistical Documents (SDs), permitting systems, port sampling port monitoring and moreover, the development of the TraceALL system. This is further reinforced 
by the proper tracking of vessels through Fiji fisheries waters and the high seas. 
 Further efforts are the collaborative work with the Secretariat for the Pacific Community (SPC) on the e-reporting which ensures the proper documentat ion of catch at sea, e-monitoring pilot project 
with Food and Agriculture Organisation (FAO) on the use of cameras upon Fiji's national longline 
fleet in addition to its collaborative work with neighbouring countries on regional surveillance efforts continues to reinforce Fiji's stand against Illegal, Unregulated and Unreported (IUU) fishing.  
 
The development of National Plan of Actions (NPOA) on IUU fishing and Sharks and the development of management plans that encourage the sustainable development of a fishery and 
compliance to the various conservation and management measures in addition to conventions that 
Fiji is a member of reiterate the above. These tools in addition to the legal instruments ensures Fiji's continued participation in the Marine Stewardship Certificate (MSC) certification and the access to the European Union (EU) markets and other export destinations that value efforts 
towards sustainable development of a fishery. 
 Fiji continues to carry out stakeholder consultations and has developed strong professional 
relationship with vessel captains, operators and company managers in an effort collaborate and 
work towards the development of the fishery.   
Additionally, with the alignment to line Ministries, Fiji continues to enjoy the benefits of bilateral 
and multilateral arrangements that encourage product development and the export of tuna products to other markets that share in Fiji's vision to stifle the effects of IUU fishing. 
 
 WT/TPR/M/330/Add.1 
 
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  4.3 Energy 
Section 4.3, page 63, paragraph 4.42  The Secretariat's report, at paragraph 4.42, states  that "reportedly, the main goal of the 2013 
Draft Policy (which, if approved, will replace the 2006 Energy Policy) is to meet Fiji's energy needs, 
while ensuring the sector is resource efficient, co st effective, and environmentally sustainable. The 
reduction of energy import costs is also one of th e key objectives. Priority policies for the energy 
sector include to: promote private sector investment in electricity generation; strengthen 
transparency and effectiveness of the regulation; develop an electrification master plan and an electrification fund; promote fuel efficiency of land transport; reduce the cost of imported 
petroleum; and maintain a comprehensive assessment of Fiji's renewable resources and make 
data publically available." 
 Question: 
 
In light of Fiji's objectives to decrease relianc e on imported fossil fuels and increase the use of 
renewable energy, has Fiji considered removing domestic subsidies to fossil fuels as a way of 
levelling the playing field for renewable energy an d freeing up government resources to re-direct 
to the development of renewable energy sources and other objectives?  Response: 
Domestic support programmes for the use of fossil fuels is already on the decline, with a number 
of earlier subsidies to sectors such as the bus industry having been eliminated. Concurrently, use of renewable energies is being encouraged, inte r alia, through exemptions of duties and other 
incentives. Given the regulations and standards that need to be in place for the proper use of 
renewable energies across all sectors, and the need to adapt infrastructure to use renewable energies, this is a medium to long term objective which is articulated in the Fijian Trade Policy 
Framework. 
 4.3 Energy Section 4.3.1, page 64, paragraph 4.50 
 
The Secretariat's report, at paragraph 4.50, states that "Fiji grants tax incentives in order to promote the development of renewable energy sour ces. A five-year tax holiday is available to 
businesses undertaking a new activity in renewable energy and cogeneration power projects. 
Imports of renewable energy equipment (solar, hy dro, biomass, biogas, wind, geothermal, solar 
heaters, solar water pumps, etc.) are duty free for five years. In addition, energy efficient 
equipment (e.g. energy saving lights, bicycles and other electrical appliances and materials) can 
also be imported duty free for a five-year period."  Question: 
 
New Zealand welcomes Fiji's incentives to promote the development of renewable energy sources.  Does the Government have targets for how it will increase renewable energy generation, and if so, 
is Fiji able to specify these targets? 
 Response: 
 
Fiji's target will be to completely replace fossil fuels as the energy source for electricity generation by renewable energy sources: hydro, wind and sola r. Hydro is the main potential source for lower 
cost electricity. Solar power is more expensive at  today's costs, but the Government will continue 
promoting solar power as a viable alternative to diesel in the outer islands, where hydro 
generation is not feasible. Development of wind farms is also beginning in Viti Levu. The Government through the Fiji Development Bank operates a Sustainable Energy Financing Facility 
to support locally owned sustainable energy projects. 
 As committed to in Fiji's Intended Nationally Determined Contributions submitted ahead of 
UNFCCC's COP 21 in Paris in Nove mber, 2015 Fiji's target is for the renewable energy share in 
electricity generation to approach 100 percent by 2030 from around 60 percent as in 2013.   Fiji's Green Growth Framework includes short, me dium and long term actions and indicators to 
reduce dependence on fossil fuels.  WT/TPR/M/330/Add.1 
 
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  Refer to the table below on specific targets.  
 
4.3 Energy Section 4.3.2, page 64, paragraph 4.52 
 
The Secretariat's report, at paragraph 4.52, states that "Fiji relies on imported petroleum products to meet nearly half of its energy requirements. Increasing domestic consumption of these products 
and their high price volatility are a concern, hence one of the Government's priorities in this sector 
is to reduce the volume and cost of imported pe troleum products. In 2014, Fiji imported fuels for 
US$787.7 million (up from US$369.4 million in 2009), representing 24% of the country's import bill. The transport sector is the main consumer of  imported fuels, accounting for more than 60% of 
Fiji's total petroleum consumption." 
 Question: 
 
What specific actions is the Fijian Government taking to reduce its reliance on fossil fuels?  
Response: 
 The table below summarizes Fiji's target towards the increase of the renewable energy in its 
electricity supply mix.  
 
Indicator Baseline Targets 
 2015 2020 2030 
Share of renewable energy 
Renewable energy share in electricity 
generation 56% (2011) 67% 81% 99% 
Renewable energy share in total energy 
consumption 13% (2011) 15% 18% 25% 
Source: Fiji, SE4ALL Report 
To achieve the 99 percent renewable energy target  by 2030,energy sources will include  diversified 
supply from hydro, bio-diesel, medium wind, biomass/waste energy, geothermal, solar standalone 
and grid connected solar energy.   In addition, the revised National Energy Policy (NEP) focuses on six (6) Strategic Areas including; 
 
(i) Strategic Area I. Governance and institutional arrangements 
  
(ii) Strategic Area II. Grid-based power supply 
  
(iii) Strategic Area III. Rural electrification 
  
(iv) Strategic Area IV. Renewable energy 
  
(v) Strategic Area V. Transport 
  
(vi) Strategic Area VI. Petroleum and biofuels 
  
(vii) Strategic Area VII. Energy efficiency WT/TPR/M/330/Add.1 
 
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  THAILAND 
Report by the Secretariat (WT/TPR/S/330) 
 
3. TRADE POLICIES AND PRACTICES BY MEASURE 
 
Page 29 (paragraph 3.13)  
Question 1: 
 Are source materials from non-members of the IEPA qualified for cumulation? And what is the general rule for cumulation, specific products may be given as example. 
 
Response:  
The cumulation provisions and requirements thereo f can be found in articles 3, 4 and 7 of the 
Interim EPA. The Interim EPA text can be  found at: http://eur-lex.europa.eu/legal-
content/EN/TXT/PDF/?uri=OJ:L:2009:272:FULL&from=EN   
 
Page 41 (paragraph 3.60)  Question 2: 
 
Please clarify that apart from new commodities, whether plants and plant products which already imported need an import risk analysis (IRA). In case that IRA is required, will the importation of 
those plants and plants be continued until IRA has been completed? 
 Response: 
 
All live plants (in any form) require an import permit. All plant products require an import permit; except those that are highly processed and in ready to use form, an example snacks. 
 
Any plant or its products that does not have a pathway for import into Fiji will have to undergo the 
Import Risk Assessment exercise to determine the risks and formulate mitigating factors. 
 
The standard procedures for an Import Risk Asse ssment (IRA) of a new commodity are as follows: 
 
 Import Risk Initiation 
 
 The identification of a pathway that presents a potential pest hazard, 
 The identification of a pest that may require phytosanitary measures, or 
 The review or revision of phytosanitary policies and priorities. 
 
 Import Risk Assessment 
 
 Identity of pest 
 Presence and distribution in the area 
 Pest regulatory status 
 Potential for establishment, spread and economic consequences 
 Pathway identification and evaluation 
 Survival probability of pest and transfer to a suitable host 
 
 Import Risk Management 
 
 Pest Impacts 
 Mitigation factors  
 Risk Communication 
 IRA Report 
 
The time period required to conduct and complete an IRA on a new product varies considerably. It 
could be approximately between 6 to 24 months depending on a variety of factors involved in the exercise.  WT/TPR/M/330/Add.1 
 
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  4. TRADE POLICIES BY SECTOR 
 Page 58 (paragraph 4.9 and 4.18)  
Question 3: 
 As Fiji established The Agricultural Marketing Authority (AMA) and The Fiji Sugar Corporation (FSC) 
appears to be a State Trading Enterprise  on import and exports. Could Fiji provide information how 
on the implementation of AMA and FSC is in  accordance with Article 17 of GATT 1994. 
 Response: 
 
The AMA was established in 2005 to facilitate market ing, especially by remote farmers. It helps 
produces to market agri-produce, identify market, facilitate and develop marketing, to purchase, 
sell, export, and import, including inputs.  In the exercise of their function, the AMA is not granted 
exclusive or special rights or privileges, and has no market distorting effect.   
The status of the FSC remains as per previous noti fications to the WTO, although specific export 
markets have changed since the last notification.  Page 62 (paragraph 4.35) 
 
Question 4:  
As a result of Fiji's efforts to tackle IUU fishing, the yellow card has now been removed by the EU. 
Please explain more about Fiji's guidelines for effective combating IUU fishing and complying with the EU regulations henceforth. 
 
Response:  The development and the enforcement of the Offs hore Fisheries Management Decree (OFMD) and 
the Offshore Fisheries Management Regulations (OFMR) are the direct result of the yellow card 
imposed by the EU. Fiji worked with the EU to  ensure that the OFMD and OFMR address the 
concerns that led to the yellow card having been issued.  Going forward, enforcement of the OFMR 
should be sufficient to comply with EU regulations.  
 The OFMD and OFMR ensure the robust and e ffective monitoring, control, surveillance, 
enforcement and investigations carried out under the relevant Monitoring, Conservation and 
Surveillances (MCS) policies and guidelines. This has enhanced Fiji's ability to monitor the fishing activities of the Fiji national longline fleet and foreign fleet that arrive at each of Fiji's ports in order to carry out landing, bunkering, transhipment or provisioning.  
 
 
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