RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SAM/15 
29 April 2010 
 (10-2324) 
Working Party on the 
Accession of Samoa Original:   English 
 
 
 
ACCESSION OF SAMOA 
 
Additional Questions and Replies1 
 
 
 The following submission, dated 19 April 2010, is being circulated at the request of the Government of Samoa.   
_______________ 
 
                                                     
 
1 The specific paragraph references in this documen t, unless otherwise specified, relate to the Draft 
Working Party Report informally distributed to Members of the Working Party on the Accession of Samoa, on 20 October 2009, in advance of the informal meeting of the Working Party on 28 October 2009.  The revised 
Draft Working Party Report will be formally circulated with the document symbol 
WT/ACC/SPEC/SAM/4/Rev.3.  WT/ACC/SAM/15 
 Page i 
 
 
  TABLE OF CONTENTS 
 
II. ECONOMIC POLICIES..........................................................................................................1  
- State Ownership and Privatization .........................................................................................1  
III. FRAMEWORK FOR MAKING AN D ENFORCING POLICIES ......................................1  
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................1  
- Trading Rights ................................................................................................................. .........1  
A. IMPORT REGULATIONS......................................................................................................2  
- Customs tariff................................................................................................................. ...........2  
- Application of internal  taxes to imports .................................................................................2  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ ...............3  
- Customs valuation.............................................................................................................. .......9  
- Rules of origin ................................................................................................................ .........10  
- Other customs formalities ...................................................................................................... 10 
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................11  
- Industrial policy, including subsidies....................................................................................11  
- Sanitary and phytosanitary measures...................................................................................11  
- State-trading entities......................................................................................................... ......11  
- Free zones, special economic areas........................................................................................12  
- Agricultural policies.......................................................................................................... ......12  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................13  
- GENERAL........................................................................................................................ .......13  
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS ...........................................................................13
 
- Copyright and related rights..................................................................................................1 3 
- Geographical indications, including appellations of origin.................................................14  
- Patents........................................................................................................................ ..............18  
- Layout designs of integrated circuits ....................................................................................18  
- ENFORCEMENT...................................................................................................................1 9 
VI. POLICIES AFFECTING TRADE IN SERVICES..............................................................19  
VII. TRANSPARENCY .................................................................................................................19  
VIII.  TRADE AGREEMENTS .......................................................................................................20  
 
  WT/ACC/SAM/15 
 Page 1 
 
 
  II. ECONOMIC POLICIES 
- State Ownership and Privatization Question 1 Samoa has stated that the State-owned Agricult ure Store Corporation (ASC) and its privately 
owned counterpart do not any exclusive rights for the sale of pesticides or any other agricultural 
chemicals in Samoa in the Samoan market.   
Please report in the text when the ASC is likely to be privatized. 
Answer:
 
Samoa is likely to commence the privatisation of ASC in 2011. 
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
Question 2 
Paragraphs 54 and 55:  Given the text of pa ragraph 54, is this paragraph still necessary? 
Answer:  
In place of paragraph 53, 54 and 55, Samoa propo ses the following paragraph (new paragraph 53): 
 53. In response to a separate question the re presentative of Samoa added that in Samoa's 
view the widely available judicial and administ rative appeals available in respect of certain 
customs activities described above conformed to  the requirements of Article X:3 of the 
GATT 1994.  He further added that all administrative decisions relating to WTO rules, not only customs decisions were subject to judicial  review pursuant to the Supreme Court (Civil 
Procedure) Rules 1980.  In view of that, the representative of Samoa confirmed that from the 
date of accession, Samoa would give foreign a nd domestic importers and exporters the right 
to appeal administrative action relating to matters subject to WTO provisions in full 
conformity with WTO obligations, including Article X:3(b) of the GATT 1994.  The Working Party took note of this commitment Samoa w as unable to agree to the first alternati
ve 
commitment paragraph, and instead proposed  the commitment appearing immediately 
hereafter.  
IV. POLICIES AFFECTING TRADE IN GOODS - Trading Rights Question 3 Paragraph 62:  We continue to seek more recent statistics for the granting of business licenses. 
Answer:
 
In 2007, a total of 4,106 business licenses were granted, mainly for commerce (3312), transport and 
communication (362), finance and business services (223), and construction (209). WT/ACC/SAM/15 
Page 2  
 
  Question 4 
Paragraph 68:  This response to our request for clar ification is not totally clear.  We asked if 
amended legislation would ensure that the right to import liquor would not require licensing to sell imported alcohol on either a wholesale or reta il basis in Samoa, i.e., the act of importation 
could be separated from the act of distribution.   
The text of paragraph 68 states that there is draft legislation in development to separate the act 
of importation from the act of distribution in terms of acquiring a licence.  The rest of the 
paragraph appears to state that the distinction ex ists in current law.  We suggest the following 
redraft: 
 68. In response to further questions,
 Tthe representative of Samoa confirmed that 
under the  draft legislation, the act of importation would be separated from the act of 
distribution. Any person can apply to be an importer of liquor. Licenses to import 
liquor would be  were  granted independently  of a license to distribute locally.  After 
enactment of this legislation, i If a liquor importer wished to sell liquor locally, the 
relevant license needed to be obtained separately .  The representative of Samoa further 
confirmed that there was no requirement for an  applicant to be established in Samoa in 
order to obtain an import licence. The working party took note of these commitments . 
Answer:  
This commitment is in line with draft legislation.  This is ok for Samoa. 
A. IMPORT REGULATIONS 
- Customs tariff 
Question 5 
Paragraph 70:  A sentence should be added at the end of this paragraph to indicate that Samoa 
would provide the ad valorem  equivalent (AVE) for these specific tariffs upon request to WTO 
Members negotiating bilaterally for market access commitments. 
Answer:  
Samoa has provided the AVEs (see document WT/ACC/SAM/14/Add.1) to requesting Members 
negotiating bilaterally as part of the process of accession. 
- Application of internal taxes to imports 
Question 6 Paragraph 85:  This paragraph should follow pa ragraph 82, to separate the treatment of VAT 
from excise taxes. 
The text of this paragraph is not responsive to  the question originally asked, i.e., how Samoa 
would eliminate the discriminatory VAT exemptio n for domestically produced raw agricultural 
products. 
Has Samoa given any thought to expanding the ex emption for small producers discussed earlier, 
and the establishment of a minimum trade turn over threshold for registration for the VAGST?  WT/ACC/SAM/15 
 Page 3 
 
 
  Answer:  
Samoa wishes to undertake a detailed analysis of the implications of either exempting imported 
agricultural produce or the expansion of the cu rrent exemption for small producers to include 
agricultural producers as well as the estab lishment of the minimum threshold. 
While the latter option may appear simple, Samo a would require more detailed statistics and 
information on domestic agricultural producers and a clear distinction of subsistence and commercial 
agricultural producers.  In addition, the costs and im plications of administration must be taken into 
account.  Further, Samoa as an LDC takes serious  concern about food security and would like a 
detailed analysis of the link and implication of  a proposed new system to Samoa's overall food 
security.  
Given the above concerns, Samoa will request the a ssistance of the FAO as well as other development 
partners in undertaking a detailed analysis of Samo a's domestic agricultural sector in view of the 
VAGST exemption.  Section 15 of the VAGST Ac t 1992/1993 will be amended to reflect a WTO 
compatible system once the detailed analysis is completed within [five] years of accession.  
Question 7 
Please confirm that these tax exemptions are not included in Samoa's agricultural support 
calculations in document WT/ACC/SPEC/3/Rev.1. 
Paragraph 87:  The commitment will not be accu rate until the issue of VAT exemptions is 
resolved. 
Answer:  
Samoa can confirm that these tax exemptions ar e not included in Samoa's agricultural support 
calculations in document WT/ACC/SPEC/3/Rev.1 revised in July 2009. 
- Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 8 Does Table 8 of the Draft Working Party Report reflect all the products subject to import 
prohibitions? 
Answer:
 
The following table reflects all the pr oducts subject to import prohibitions. 
Eggs without sell-by date (or best before date or 
expiration date) Relevant goods imported under Headings 0407001000, 
0407002000, 040700900, 0408990000, 0408910000, 
0408190000, 0408110000. 
LHD motor vehicles and vehicles manufactured 
more than 12 years prior to importation Relevant goods imported under Headings 8702, 8703, 
8704, 8705, 8706. 
Bee and bee products 0409, and other goods containing honey. 
Turkey tails 02072610, 02072710 and any other goods containing 
turkey tails except for whole turkeys. 
Tinned fish cartons of 48 cans Specific packaging of tinned fish imported under 
Heading 0305. 
Coins and bank notes N.A. WT/ACC/SAM/15 
Page 4  
 
  Pornographic articles, publications, films, and 
video Relevant goods imported under Chapters 37, 49, 85. 
Non-biodegradable plastic bags Relevant goods imported under Heading 3923. 
Parrots  Relevant goods imported under 01063200. 
 
Question 9 
Turkey Tails:  
- Samoa's response indicates that turkey tails  were banned because of their contribution 
to the rise in diseases such as diabetes, hi gh blood pressure and heart and kidney failure 
and their popularity and relatively low price. 
- We appreciate Samoa's efforts to improve the health of its population.  However, import 
bans and other restrictions on the importat ion of products are not the best way to 
accomplish this. 
- Such measures are prohibited under Article XI  of the GATT 1994.  While Article XX of 
the GATT 1994 provides an exception for measures necessary to protect human health, 
this exception requires that the application of such a measure does not constitute a 
means of arbitrary or unjustifiable discrimination between countries or a disguised restriction on international trade. 
- Samoa's import ban on turkey tails is unique and therefore discriminatory, as there are 
many high fat foods, imported and domestic, still available for purchase. 
- We would be especially interested in whet her Samoa has based the import ban on any 
scientific studies regarding the contribution of turkey tails (as opposed to other products 
that are high in fat) to the rise in diseases in Samoa and how an import ban on turkey 
tails addresses that concern. 
- We suggest that Samoa find a WTO-consistent me asure to use if it is determined to limit 
consumption of this product, e.g., a high ta riff, a non-discriminatory ban on fatty meats, 
etc. 
Paragraph 96:  We do not understand how the pr oposal in paragraph 96 addresses the issue of 
Samoa's discriminatory ban on a single product.   
- If Samoa is determined to maintain restrictio ns on this product, it will need to find a 
WTO-consistent method. 
- Has Samoa taken any measures to ensure that other fatty foods or unhealthy lifestyles 
that are the real problem are equally targeted?   
- This ban, which appears to conflict with Article XI of the GATT 1994, has nullified an 
important export opportunity for us in Samoa's market. 
- We suggest that a WTO-consistent method  of addressing Samoa's policy concerns on 
this issue be found, e.g., use of tariffs, to achieve Samoa's policy goals. 
- We make drafting suggestions along these lines below. 
Used Automobiles
 
Paragraphs 97-98:  Please elaborate in the te xt on how a non-automatic import licensing 
requirement would work in practice to apply a WTO-consistent measure to regulate trade in 
used automobiles in Samoa. 
- We understand that the plan is to enforce mandatory inspection and certification of 
imported used automobiles over a certain age. 
- How does Samoa intend to enforce this inspect ion/certification requirement for domestic 
automobiles, or those purchased by residents abroad and imported?   WT/ACC/SAM/15 
 Page 5 
 
 
  - We do not see why, when internationa l standards and programmes such as Samoa 
describes already exist in a number of countries, why a ten year transition period is necessary.  Please outline precisely ho w the programme will be implemented. 
- We make drafting suggestions along these lines below. 
Drafting Suggestions:  (Note this whole section is new material.)
 
At this point, issues are still open in this section,  and we reserve the right to come back to these 
issues.  However, we have the following drafting  suggestions to deal with some of the issues 
remaining and look forward to Samoa' s comments and further changes.   
91.  Some Members noted that the ban on imports of motor vehicles older than 
12 years discriminated against imports and was WTO-inconsistent.  They pointed out 
that used automobiles older than 12 years were purchased and sold domestically and 
were not considered unsafe per se .  These Members urged Samoa to replace this 
measure with a non -automatic import licensi ng system.  [Move up paragraph 97]  97   
Some Members of the Working Party requested that Samoa  find a WTO-consistent 
measure to deal with the importation of used cars over 12 years old, e.g., a 
non-automatic import licensing requirem ent to enforce mandatory inspection and 
certification of used cars over a certain age, that  would also be applied to domestic cars 
of the same age when their registration is renewed.   
91bis. In response the representative of Samoa stated that [use text from paragraph 93] 
the ban on imports of motor vehicles older than 12 years had been introduced in 2003 
for safety and environmental reasons.  The replacement of the ban by a non-automatic 
licensing system would be an administrati ve burden given Samoa's already constrained 
resources.  However, Samoa  it recognized the concerns of WTO Members with regard 
to the current import prohibition of vehicles older than 12 years.  As such, Samoa  and  
was currently we are currently  looking into the systems operated by countries in the 
region such as New Zealand and Australia  in terms of  how they regulate the 
importation of used vehicles.  He added th at Samoa would need substantial technical 
assistance for the conversion.  
9891ter.  [Move paragraph 98]  Samoa was considering creating  technical standards or 
regulations which would apply to all vehicl es imported into Samoa. Such regulations 
could include: 
i. Environmental Measures - for example on such as carbon emissions.  
This would require the development of legislative measures aimed at 
achieving improvements in air quality by reducing the levels of harmful emissions from motor vehicles.  
ii. Safety Measures - These would add ress safety in relation to vehicle 
technicalities (head lights, stop lights, wheels, noise pollution etc);  
iii. Fuel consumption standards.  
In view of the amount of work required in order to develop such regulations in order to 
have in place a WTO compliant system whic h addressed Samoa's concerns in relation to 
the importation of used vehicles, Samoa would request a ten year
 transition period to 
phase out the current import prohibition, while the above regulations/standards/ licensing system is developed.  Samoa wo uld also submit a request for technical 
assistance to develop this project. 
92.   [move after paragraph 91 quater ] WT/ACC/SAM/15 
Page 6  
 
  93
.  [Use text of first half of paragraph 93 in new paragraph 91 bis.] In response, the 
representative of Samoa said that the ban on imports of motor vehicles older than 
12 years had been introduced in 2003 for safety and environmental reasons.  The 
replacement of the b an by a non -automatic system would be an administrative burden 
given Samoa's already constrained resources.  Samoa  may consider such a move with 
substantial technical assistance .[Move this part of paragraph 93 to complete paragraph 
91quater  below.]   He added that his Government was reviewing this prohibition, as well 
as the prohibition on the importation of left -hand drive vehicles.  Regarding the criteria 
for prohibiting importation of goods to protect revenue or ensure the efficient 
administration of the Customs Act, he noted that am endments to Section 49 of the 
Customs Act 1977 were being prepared.    
91quater . [second half of paragraph 91]  Noting that Samoa had recently banned the 
importation of left-hand drive vehicles, a Member enquired about the rationale of such a measure.  Samoa was asked to explain what  portion of automotive vehicles currently 
in Samoa were left-hand drives and whether such vehicles would be permitted to remain 
on the road after the ban had entered into  force.  This Member noted that other 
countries did not ban left-hand drive or right-h and drive vehicles even if their driving 
regulations were based on the other arrangem ent.  This Member urged Samoa to review 
this discriminatory and, in its view, unnecessa ry ban.  Samoa was also asked to explain 
the criteria for prohibiting importation of goods to protect revenue or ensure the efficient administration of the Customs Act.  93.
 [Move rest of paragraph 93 to complete 
paragraph 91 bis.]  In response. . . Tthe representative of Samoa stated that. . . 
..assistance . He  added  that his Government was reviewing  this prohibition, as well as  
the prohibition on the importation of left-hand drive vehicles.  Regarding the criteria for 
prohibiting importation of goods to protect revenue or ensure the efficient 
administration of the Customs Act, he no ted that amendments to Section 49 of the 
Customs Act 1977 were being prepared.    
92. In addition, a Member expressed concerns regarding Samoa's ban on the 
importation of turkey tails.  This Member questioned the prohibition of a single food 
item in order to address the large and comp lex problem of obesity.  Samoa was asked to 
describe its plans to educate its consumer s on the importance of considering total 
dietary choices and exercise to avoid non-comm unicable diseases, as reflected in the 
World Health Organization's Draft Action Plan for the Implementation of the Global 
Strategy on Diet, Physical Activity and Health.  This Member also invited Samoa to explain the objective criteria used to identi fy this specific product and the reason why 
this product had been prohibited from importation while many other products 
presenting similar characteristics were allowed in circulation.   
93.  [moved and used in paragraphs 91 bis and 91 quater ] 
94.  95. [unchanged] 96.   In response, the representative of Samoa stated that the ban on these poultry 
parts had been intended to help fight ill heal th and disease in Samoa, caused by obesity 
based on a number of factors including the consumption of foods high in animal fat.  
Consumption of turkey tails was widespread and the product was particularly high in 
fat content.  The ban was the most effective way of addressing the problem, and it could 
not be lifted immediately.  However, Samoa recognized the concerns of WTO Members 
that the current import prohibition was di scriminatory, and was not WTO-consistent.  
The Government of Samoa, through the Mini stry of Health, was already developing 
alternative strategies, for example, a public education plan to combat bad dietary  WT/ACC/SAM/15 
 Page 7 
 
 
  choices that promoted obesity and its attendant problems of ill health and disease in 
Samoa.  Samoa was also prepared to use ta riff regulation to impact demand for turkey 
tails, once the ban had been lifted.  He added that Samoa would need substantial 
technical assistance to implement th ese alternative and non-discriminatory 
programmes,  proposed  the following less -trade restrictive measures and legislative 
amendments to be put in place to address the prohibition on the importation of turkey 
tails and turkey tail product s.  The Health Ordinance 1959 would be amended (through 
insertion of a new clause 50A in Part VI) by giving power to the Minister of Health to 
make an order prohibiting the sale of a product/good or class of products/goods in 
Samoa.   An  Order would be dr afted prohibiting the sale of turkey tails and turkey tail 
products pursuant to section 50A to commen ce on the same date of commencement of 
the amendment to the Health Ordinance 1959.   The Prohibition Order on the 
Importation of turkey tail and turkey tai l products would be revoked.  All these 
legislative amendments would beco me effective on the same day  and would seek 
technical assistance from the World Health Organization and others towards this 
objective.  A transitional period would be  necessary to continue the current import 
prohibition for a short time to facilitate the conversion.  
97.  98.  [moved] 99.   [unchanged] 100.    The representative of Samoa confir med that, from the date of accession, Samoa 
would not introduce, re-introduce or apply qua ntitative restrictions on imports, or other 
non-tariff measures such as licensing, quotas,  prohibitions, bans and other restrictions 
having equivalent effect that cannot be justified under the provisions of the WTO Agreement [with the following exceptions:  The ban on the importation of used 
automobiles greater than 12 years old ref erred to in paragraph 91 will be repealed 
within [three] years of accession, by which time all automotive equipment will be subject 
to non-discriminatory periodic environmenta l and safety inspection in order to be 
operated in Samoa].  The ban on importatio n of certain poultry parts referred to in 
paragraph 92 will be repealed within [three] ye ars of accession, at which time a tariff 
consistent with the binding specified in Samoa's GATT Schedule of Concessions will be 
applied.  In all other situations, t The legal authority of the Government of Samoa to 
restrict or prohibit importation of goods into  Samoa would be applied from the date of 
accession in conformity with the relevant requirements of the WTO, in particular 
Articles XI, XII, XIII, XVIII, XIX, XX, and XXI of the GATT 1994; the Agreements on 
Agriculture, the Application of Sanitary a nd Phytosanitary Measures, Import Licensing 
Procedures, Safeguards, and Technical Barri ers to Trade; and the Understanding on 
Balance of Payments Provisions of the GA TT 1994.  [The representative of Samoa 
confirmed that the import prohibition of ca rs older than 12 years would be eliminated 
(and replaced by a non -automatic licensing system) upon accessi on.] The Working Party 
took note of these commitments. 
Answer:  
Samoa's response to theMember's drafting suggestions: Some Members noted that the ban on imports of motor vehicles older than 12 years discriminated 
against imports and was WTO-inconsistent.  They pointed out that used automobiles older than 
12 years were purchased and sold domestically and were not considered unsafe per se .  These 
Members urged Samoa to find a WTO-consistent measure  to deal with the importation of used cars 
over 12 years old, e.g., a non-automatic import licensing requirement to enforce mandatory inspection WT/ACC/SAM/15 
Page 8  
 
  and certification of used cars over a certain age, th at would also be applied to domestic cars of the 
same age when their registration is renewed. 
In response the representative of Samoa stated the ban on imports of motor vehicles older than 
12 years had been introduced in 2003 for safety and environmental reasons.  The replacement of the 
ban by a non-automatic licensing system would be  an administrative burden given Samoa's already 
constrained resources.  However, Samoa recognized the concerns of WTO Members with regard to 
the current import prohibition of vehicles older than 12 years and was currently looking into the systems operated by countries in the region such as New Zealand and Australia in terms of how they 
regulate the importation of used vehicles.  He a dded that Samoa would need  substantial technical 
assistance for the conversion.  
Samoa was considering creating technical standards or  regulations which would apply to all vehicles  
Such regulations could include: 
i. Environmental Measures - on carbon emissions, for example. This would require the 
development of legislative measures aimed at achieving improvements in air quality by reducing the levels of harmful emissions from motor vehicles;  
ii. Safety Measures - these would address safety in  relation to vehicle technicalities (head lights, 
stop lights, wheels, noise pollution, etc); and 
iii. Fuel consumption standards. 
In view of the amount of work required to develop such regulations in order to have in place a WTO 
compliant system that addressed Samoa's concerns in relation to the importation of used vehicles, Samoa would request a transition period to phase out  the current import prohibition, while the above 
regulations/standards/licensing system  is developed.  Samoa would also submit a request for technical 
assistance to develop this project. 
Noting that Samoa had recently banned the importation of left-hand drive vehicles, a Member 
enquired about the rationale of such a measure.  Samoa was asked to explain what portion of 
automotive vehicles currently in Samoa were left -hand drives and whether such vehicles would be 
permitted to remain on the road after the ban had ente red into force.  This Member noted that other 
countries did not ban left-hand drive or right-hand driv e vehicles even if their driving regulations were 
based on the other arrangement.  This Member urged Samoa to review this discriminatory and, in its 
view, unnecessary ban.  In response, the representa tive of Samoa said that his government would 
consider the inclusion of the RHD as a requirement for vehicle registration in Samoa as part of the 
broad regulatory system to be developed (as discussed above).   Samoa was also asked to explain the 
criteria for prohibiting importation of goods to prot ect revenue or ensure the efficient administration 
of the Customs Act.  The representative of Samo a stated that his Government was reviewing the 
prohibition on the importation of left-hand drive vehicles.  Regarding the criteria for prohibiting 
importation of goods to protect revenue  or ensure the efficient administration of the Customs Act, he 
noted that amendments to Section 49 of the Customs Act 1977 were being prepared. 
In addition, a Member expressed concerns regardi ng Samoa's ban on the importation of turkey tails.  
This Member questioned the prohibition of a si ngle food item in order to address the large and 
complex problem of obesity.  Samoa was asked to describe its plans to educate its consumers on the 
importance of considering total dietary choices and exercise to avoid non-communicable diseases, as reflected in the World Health Organization's Draf t Action Plan for the Implementation of the Global 
Strategy on Diet, Physical Activity and Health.  This Member also invited Samoa to explain the 
objective criteria used to identify this specific product and the reason why this product had been 
prohibited from importation while many other products presenting similar characteristics were allowed in circulation.    WT/ACC/SAM/15 
 Page 9 
 
 
  In response, the representative of Samoa stated that the ban on these poultry parts had been intended 
to help fight ill health and disease in Samoa, cau sed by obesity based on a number of factors including 
the consumption of foods high in animal fat.  C onsumption of turkey tails was widespread and the 
product was particularly high in fat content.  Th e ban was the most effective way of addressing the 
problem, and it could not be lifted immediately.  However,Samoa recognized the concerns of WTO 
Members that the current import prohibition was di scriminatory, and was not WTO-consistent.  The 
Government of Samoa, through the Ministry of He alth, already has some alternative strategies in 
place.  For instance draft school nutrition standards ha ve been developed and are currently being pilot 
tested in schools.  In addition the Ministry of Health conducts programmes to promote appropriate 
infant and young child feeding, vegetable gardening,  and appropriate dietary choices.  Further, the 
Ministry of Health is developing more strategies, for example, a public education plan to combat bad 
dietary choices that promoted obesity and its attendant problems of ill health and disease in Samoa.  Samoa was also reviewing the Food and Drugs Act through the assistance of the World Health 
Organisation (WHO).  This review intends to separat e the Food legislation from the Drugs legislation.  
The former will further address the issue of the high fat content of food including the regulation of the 
fat content of meat to be sold domestically.  He added that Samoa would need substantial technical 
assistance to develop and draw up the relevant legisl ation as well as scientific testing of the fat content 
of meat items and would seek further technical assistance from the World Health Organization and others towards this objective.   
The representative of Samoa confirmed that, from th e date of accession, Samoa would not introduce, 
re-introduce or apply quantitative restrictions on imports, or other non-tariff measures such as 
licensing, quotas, prohibitions, bans and other restri ctions having equivalent  effect that cannot be 
justified under the provisions of the WTO Agreemen t [with the following exceptions:  The ban on the 
importation of used automobiles greater than 12 y ears old will be repealed within [eight] years of 
accession, by which time all automotive equipment w ill be subject to non-discriminatory periodic 
environmental and safety inspection in order to be  operated in Samoa.]  The ban on importation of 
certain poultry parts will be repeal ed within [eight] years of acce ssion, at which time the Food Act 
will regulate the fat content of all food items to be sold in Samoa. 
[In all other situations, the legal authority of th e Government of Samoa to restrict or prohibit 
importation of goods into Samoa would be applied fr om the date of accession in conformity with the 
relevant requirements of the WTO, in particular Articles XI, XII, XIII, XVIII, XIX, XX, and XXI of the GATT 1994; the Agreements on Agriculture, th e Application of Sanitary and Phytosanitary 
Measures, Import Licensing Procedures, Safeguards, and Technical Barriers to Trade; and the 
Understanding on Balance of Payments Provisions of the GATT 1994.  The Working Party took note 
of these commitments.] 
- Customs valuation 
Question 10 
We appreciate Samoa's efforts to implem ent WTO provisions in this area.   
We have reviewed the Customs Amendm ent Act 2007, Samoan Customs Amendment 
Regulations 1998, and Customs Amendment Act of  1998.  These documents do not appear to 
cover Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 13, (14), 15, 16, and 17 of the WTO Valuation Agreement.   
Table 10 indicates that Samoa has completed le gal drafting for the implementation of the 
Customs Valuation Agreement.  However, we have  yet to review the amending legislation that 
will address the deficiencies identified.  Please provide  draft or existing legislation in this area 
prior to accession.   WT/ACC/SAM/15 
Page 10  
 
  Paragraph 104:  We do not see how the text of this paragraph is in line with the timeline in 
Table 10.  Has Samoa implemented Article 14 of th e Agreement or not?  Article 14 is clear - the 
full scope of the Interpretative Notes must be in corporated in law.  We seek Samoa's explicit 
assurance in the text that this will be the case. 
Paragraphs 105-7:  These paragraphs will need revision to match with Table 10, we also 
recommend revision to incorporate the table into the commitment, as has been done with the 
accessions of Nepal, Cambodia, and Cape Verde. 
We would appreciate Samoa's assistance in sorting out where it stands on implementation of the 
Customs Valuation Agreement.  After receiving this information, and a copy of the new 
legislation, we will provide drafting suggestions  to harmonize the information in this section. 
Answer:
 
Copies of the Customs Valuation Amendment Regulations 2009 and the Customs Amendment 
Act 2010 are available for consultation from the Secretariat (see document WT/ACC/SAM/15/Add.1). 
- Rules of origin 
Question 11 
Paragraph 111:  We support this commitment. Answer:
 
Samoa does not have a policy need to introduce non-pr eferential rules of origin but will abide by the 
relevant provisions of the WTO Agreement on Rules of Origin in relation to non-preferential rules 
when there is a need to establish such rules in the future.  As such Samoa's commitment paragraph 
should be as follows: 
[The representative of Samoa confirmed that, from the date of accession, Samoa's preferential and 
non-preferential rules of origin would fully comp ly with the WTO Agreement on Rules of Origin, 
including the provisions of Annex II, paragraph 3(d) of the Agreement, i.e., that for preferential rules 
of origin (e.g., pursuant to PICTA), the custom s authority would accept requests from an exporter, 
importer or any person with a justifiable cause for an assessment of the orig in of the import, make 
such a determination as soon as possible, but no la ter than 150 days after the request had been 
submitted provided that all necessary elements had been submitted.  Samoa would apply the same 
provisions for non-preferential rules of origin, including the provisions of Article 2(h), when it establishes such rules.  Samoa woul d also abide by the relevant WTO provisions on transparency and 
the provision of information about its rules of orig in and their application.  The Working Party took 
note of these commitments.] 
- Other customs formalities Question 12 Paragraph 113:  We seek a specific commitment on  consularization.  We suggest the following 
edits: 
113. The representative of Samoa confirme d that Samoa did not require consular 
certification or notarisation of documents by consular officials in the country of export  WT/ACC/SAM/15 
 Page 11 
 
 
  that were required  to be provided to Samoan customs officials at the time of importation 
into Samoa.  The Working Party took note of this commitment.  
Answer:  
This commitment language is acceptable. 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS  
- Industrial policy, including subsidies 
Question 13 Paragraphs 131-132:  Paragra ph 131 should be completed. 
Answer:
 
Samoa will work with the Secretariat to input the re levant part which existed in the previous version 
of the Working Party Report. 
Question 14 
We accept Samoa's request for a transition peri od to phase out the residual payments from the 
subsidy programmes described in this section th at are prohibited under the WTO Agreement. 
 
We suggest deleting paragraph 133. 
Answer:  
Samoa is reviewing existing commitments and w ill report back with necessary transition period. 
- Sanitary and phytosanitary measures 
Question 15 This section needs some work, but we support th e commitment.  If available, we would like to 
see a copy of the regulations for review a nd comment when they become available. 
Answer:
 
The regulations have not been developed. 
- State-trading entities 
Question 16  
This section has been moved to the front of the document.  Please confirm that it should be 
eliminated here. 
Answer:  
Samoa confirms this comment. WT/ACC/SAM/15 
Page 12  
 
  - Free zones, special economic areas 
Question 17 We support the commitment in paragraph 168. 
Answer:
 
Samoa confirms this commitment. - Agricultural policies Question 18 Document WT/ACC/SPEC/SAM/3/Rev.1:  We thank Samoa for providing updated tables. 
Under DS:1, Pest and Disease Control, we note that  the description in the table seems to be an 
inspection measure.  Please describe further to better evaluate this measure. 
 Answer:
 
Measures include the maintenance of good quality cont rol of our agricultural exports through the use 
of the High Temperature Forced Air (HTFA) facility , fumigation, water blasting and other treatments 
if required.  Also, public awareness through the pub lication of newsletters a nd leaflets, production of 
TV and radio programmes as well as undertaking farm er trainings and demonstration plots on pests 
and diseases through the integrated pest management (IPM) strategies.  
Laboratory research has also been undertaken by  the Research Division of MAF to support and 
encourage the application of biological controls of pests and diseases.  
Question 19 
Under DS:1, Inspection Services, the description in the table seems to be a disease and control 
measure.  Please describe in greater detail, an d specify the treatments that are provided in 
order to improve meat and milk quality.   
Answer:  
Animal health and meat inspection services.  Unde rtake regular meat inspections (beef carcasses and 
porkers) to satisfy requests from local meat shops.  The inspections stress the importance of meat 
hygiene and food safety.  Trainings and demons trations on meat slaughtering and value adding 
(sausage and meat loaves) were previously carried out for all farmers and meat processors.  The same 
inspection service applies to dairy farmers in order to improve the quality of milk produced. 
Question 20 
Document WT/ACC/SPEC/SAM/4/Rev.3:  Paragr aph 178 states that price support policies for 
agricultural products had been suspended.  Could Samoa please tell us when these were 
suspended?  Will these be abolished or does Sam oa plan to use these at a later date?  If 
abolished, we recommend the Working Party Repo rt be updated to reflect this information. 
Paragraph 178:  In the Working Party Report Samoa states that "Current policies aimed at 
improving subsistence farming and helping farmer s adjust to open market conditions."  Can  WT/ACC/SAM/15 
 Page 13 
 
 
  Samoa please describe the projects that these policies support?  Are these paid by the Stabex 
funds received from the EU or by the government of Samoa? 
Can you please describe in greater detail the ty pe of infrastructure development the Stabex 
funds support? 
Answer:  
These price support policies have been abolished in  1993 Samoa has no plans to use these at a later 
date. 
The HTFA was funded by the Stabex funds which no w enables the export of various fruits.  A recent 
project also financed by the Stabex  funds for agriculture diversification/revitalization aims to control 
pests and capacity building for marketing/export of fruit and vegetables.  
The EU initially financed research into HTFA facili ty to promote exports of fruit and vegetables to 
Australia and New Zealand.  To complement th e HTFA facility, a new project with FAO will see a 
close public-private partnership arrangement in cluding a national campaign to reduce the fruit fly 
population through burying of ripe/waste fruits, fly trap s with bait and spraying of fruit and vegetables 
as well as capacity building for Samoan farmers. 
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME - GENERAL  
Question 21 We provided suggested descriptive and commitment text at the last meeting.  We resubmit our 
proposal. 
In addition, we have further comments from earl ier this year that have not yet been answered. 
Answer:
 
Samoa has secured funding from Australia to undert ake the comprehensive review and drafting of 
new IP legislation.  All questions  relating to how Samoa will address IP issues in the legislation will 
be taken on board when the legislation is reviewed and drafted. 
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AN D MAINTENANCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Copyright and related rights Question 22 Paragraph 195:  The revised Draft Working Party Report states that:  "A member of the 
Working Party asked whether the customary term of protection under Samoan Law for 
Copyrights applied to works of folklore, for example when there ex ists no readily identifiable 
author of the copyrightable folklore in question, and whether Samoan legislation dealt with this 
situation.  In response the representative of Samoa stated that a competent authority determined by the Minister would authorize the reproduction, communication to the public; 
adaptation, translation; and other transformation  of expressions of folklore when such creations WT/ACC/SAM/15 
Page 14  
 
  were made either for commercial purposes or outs ide their traditional customary context.  
These are explicitly provided in the relevant provisions of the Copyright Act 1998." 
- This answer is not responsive to the quest ion that was posed.  The question that was 
posed asked "How the customary term of  protection (i.e., the number of years 
protection is granted before the works is co nsidered to be in the public domain) under 
Samoan Law for Copyrights apply to works of  folklore, and e.g., when there exists no 
readily identifiable author of the copyrightable folklore in question? 
- How does Samoan law, if at all, a ddress this question in its legislation? 
Answer:
 
The Copyright Law is read in that the customary term of protection for copyrights also apply to 
folklore (section 29). 
 
- Geographical indications, including appellations of origin 
Question 23 We believe we have already submitted the fo llowing questions on Samoa's draft Law on 
Geographical Indications (GIs).  Samoa has stated that its legislative efforts on that law are 
suspended.  
We would appreciate clarification. 
Answer:
 
Samoa will soon provide an update on the passage of this  legislation.  According to the current draft 
Legislative Action Plan, it is awaiting parliamentary passage.  Please see below Samoa's responses to the questions raised on the GI Bill. 
Question 24 The following sets forth observations, questio ns, and recommendations regarding Samoa's 
proposed  legislation on Geographical Indica tions (GIs).  We reserve the right to offer 
additional comments in the future.  
Answer:
 
Noted.  Samoa has provided some responses to th e GI related questions.  The suggestions and 
comments you have provided will be taken into cons ideration through the project funded by Australia 
to review and revise Samoa's IP laws.  
Question 25 
1. Priority and Exclusivity  
(a) Article 6 sets forth a list of the various indications that will not be protected as 
geographical indications in Samoa.  That lis t of indications does not include those that 
are confusingly similar to pre-existing tr ade marks.  TRIPS Article 16 requires that a 
trade mark owner have the exclusive right to prevent the use of a confusingly similar trade mark.  We accordingly recommend amending Article 6 by the addition of the following sub-Article(e):  WT/ACC/SAM/15 
 Page 15 
 
 
   "The following are not protected as geographical indications...  
 (e) indications that so resemble a trade mark owned by another party and 
registered in Samoa, or that so resemble a trade mark in which another party has acquired rights in Samoa, as to be lik ely to cause confusion or mistake or to 
deceive."   
Answer:
 
Samoa is considering this suggestion. 
Question 26 
(b) We note that Article 22(2) (b) provides th at the Act will not "prejudice the registrability 
of or the validity of the registration of a trade mark, or the right to use a trade mark" 
where the trade mark was registered or a pplied for either before the Act came into 
force, or before the GI became protected in its country of origin.  
(i) Does the article contemplate that a GI and a prior, confusing trademark will 
co-exist?  Coexistence with earlier trade marks should not be allowed in the first 
place.  We recommend deleting Article 22(b), if proposed Article 6(e) is adopted. 
Answer:  
Any trademark registered prior to coming into force of the GI legislation w ill not be revoked from the 
Register of Trademarks.  The Registrar also has powers under Section 19 to invalidate the registration 
of a trademark consisting of GI with respect to  goods not originating in the territory indicated 
Question 27 
(c) Additionally, Article 22(3) provides that "requests for relief" under Part (2)(b) must be 
made within five years after "the adverse use" of the GI in question "has become 
generally known in Samoa" or "after the da te of registration of the trade mark in 
Samoa..."  
(i) What is the "relief" that this article provides?  Cancellation of the GI? 
Answer:  
The "relief" provided is to continue the use of the trademark earlier registered as a trademark but is 
later claimed to be a GI when the legislation comes into force. 
Question 28 
(d) Article 22(b) affords protection as against a later GI to a trademark holder who 
acquires rights "before the geographical indication is protected in the country of origin."  Is the protection of Article 22(b) no t available if the later GI refers to an area 
in Samoa, i.e., if the protection afforded to the GI is not based on rights granted in a 
foreign jurisdiction?  We reiterate our recommendation to delete Article 22(b), if 
proposed Article 6(e) is adopted . WT/ACC/SAM/15 
Page 16  
 
  Answer:
 
Samoa is considering this suggestion.   
Question 29 
2. Dependence on Determinations by Country of Origin  
(a) Article 6(c) provides that an indication will no t be protected as a GI If it is not, or has 
ceased to be, protected in its country of origin.  How will the registrar determine: 
i.) whether a geographical indication is pr otected in its country of origin, and/or 
ii.) whether a geographical indication that wa s previously protected in its country of 
origin has ceased to be protected? 
Answer:  
This is where a Register of GI will be useful so that the Registrar will carry out searches of GI 
Registers in other IP offices as it currently does with  trademarks.  The Register could also search to 
determine whether a GI previously protected in its country of origin has ceased to be protected. 
Question 30 
3. Samoan GIs  
(a) The legislation appears to provide only for the registration of foreign GIs.  How does 
Samoa protect Samoan GIs? 
Answer:  
The GI Bill will be further reviewed to address this. 
Question 31 
4. Reputation of the GI  
(a) We note that Article 9(d) requires the app lication for a GI registration to specify "the 
quality, reputation, or other characterist ic of the goods for which the geographical 
indication is sought."  The legislation does no t specify that to be registered, the proposed 
GI must enjoy a reputation in Samoa.  We recommend amending Article 6 by the 
addition of the following sub-Article(f) 
 "The following are not protected as geographical indications...  
 (f) indications that are not recognized in Samoa as geographical indications for the 
goods or services identified in the application for registration.  
Answer:  
The GI has to be recognized not only in Samoa but in other jurisdictions in order for it to be protected 
in Samoa.  The comments provided that only GIs that  are recognized in Samoa should be protected is 
too restrictive and will limit the protection of GI's that are well known in other jurisdictions.  WT/ACC/SAM/15 
 Page 17 
 
 
  Question 32 
5. Goods and Services  
(a) We note that the legislation only provid es for registration of GIs for particular goods, 
not services.  We recommend amending the legi slation to provide for the registration of 
GIs that identify either goods and/or services. 
Answer:  
GIs are mainly for goods and not services.  The GI indicates a particular place or area where the 
goods are produced and that certain excellent and de sirable qualities of such goods are attributable to 
the place where these are produced.  Therefor e GIs could not be applied to services. 
Question 33 
6. Right of Use  
(a) Article 15 provides that "[o]nly producers carrying on their activity in the geographical 
area specified in the Register have the righ t to use a registered geographical indication, 
in the course of trade, with respect to the products specified in the Register, provided that such products possess the quality, reputation or other characteristic specified in the 
register."   
 As written, the Article suggests that carryin g out activities in the relevant region is a 
sufficient  condition for using a registered GI: the Article does not make clear that a 
further, necessary  condition is that the user must also either own the registration, or be a 
party whom the owner has authorized to  use the GI.  We accordingly recommend 
amending this Article, by the addition of the italicized words.   
  "[O]nly producers who carry on their acti vity in the geographical area specified 
in the Register and who own the registration in the Register, or who have been 
authorized by the owner to use the registered geographical indication ,  have the 
right to use a registered geographical indi cation, in the course of trade, with 
respect to the products specified in the Register, provided that such products 
possess the quality, reputation or other characteristic specified in the register."   
Answer:
 
Further assessment of the legislation will be carried out and comment will be considered. 
Question 34 
7. Exclusion of Proposed GIs that are the "Common Name" for the Goods  
- Article 6(d) bars the registration of proposed GIs that "are identical with a term used in 
the Samoan language as the common name for those goods." 
- This wording appears to allow registratio n of terms that are not in the Samoan 
language, but that are nevertheless understood in Samoa as the name of the product in 
question.  We accordingly recommend amending Article 6(d) as follows: 
 (d) indications of another country with respect to goods that are identical with a 
term used in Samoa as the common name for those goods. WT/ACC/SAM/15 
Page 18  
 
  Answer:
 
This exclusion will overcome any misleading action th at may occur if the GI from outside Samoa is 
identical to a name of a good or product produced in Samoa. 
- Patents 
Question 35 
Paragraph 166 of document WT/ACC/SPEC/SAM/4/Rev.2 in the revised Draft Working Party 
Report reads in part: "The Act afforded patent  protection to new and useful inventions - new 
inventions were inventions involving a new manufacturing technique, a new application 
method, or improvements to a known process." 
Please clarify that the Act also provides protectio n for other inventions such as new products. 
Answer:  
The Act is read that the new pr ocess will result in a new product. 
Question 36 
Paragraph 168 of document WT/ACC/SPEC/SAM/4/Rev.2 in the revised Draft Working Party 
Report:  In this text, the representative of Sam oa recognised that plant varieties, non-biological 
and microbiological processes were not pr otected under current legislation. 
- Please indicate how Samoa intends to address the provisions of the TRIPS Agreement 
that require protection for new plant varieties, non-biological and microbiological 
processes, in compliance with TRIPS Article 27.3.b? 
- Please indicate how Samoa intends to address the provisions of the TRIPS Agreement 
that require protection for undisclosed inform ation (particularly in the area of data 
provided in the context of registration of pharmaceutical patents) and trade secrets 
upon accession to the WTO as indicated in document WT/ACC/SAM/13. 
Answer:  
How Samoa intends to address the provisions of the TRIPS Agreement would be made clearer 
through the project funded by Australia to review and revise Samoa's IP laws. 
- Layout designs of integrated circuits 
Question 37 How does Samoa intend to address the provisions of Articles 35-38 of the TRIPS Agreement 
that require protection for integrated circuits?   
Answer:
 
These will be addressed once the project to review  and draft Samoa's new IP laws commences.  
Funding to undertake this project has been secured from Australia.  WT/ACC/SAM/15 
 Page 19 
 
 
  - ENFORCEMENT 
Question 38 With regards to the TRIPS chart provided in document WT/ACC/SAM/11 and the related 
Table 12:  Action Plan for the Implementati on of the TRIPS Agreement, the chart makes 
several references to draft IP legislation that w ill satisfy the TRIPS enforcement provisions set 
forth in Articles 41-61, but it is unclear from the Action Plan what specific legislation is 
intended to satisfy the respective TRIPS enforcement provisions. 
Does this statement mean that Samoa has no provisions in its legislation to enforce its 
intellectual property laws?   
- Please clarify what legislation is intended to provide civil procedures and remedies, 
provisional measures, administrative procedures and remedies, special border 
measures, and criminal penalties that would comply with the enforcement provisions of 
the TRIPS Agreement. 
- If that legislation is not already enacted, please discuss the relevant timeframe 
contemplated for implementation. 
Answer:
 
How Samoa would satisfy the TRIPS enforcement provisions would be made clearer through the 
project funded by Australia to review and revise Samoa's IP laws. 
VI. POLICIES AFFECTING TRADE IN SERVICES 
Question 39 This section of the report should remain open , pending completion of the market access 
negotiations, to ensure that the informatio n compliments, and does not contradict, the 
commitments undertaken in the schedules. 
Answer:
 
Yes, we will revisit this section once negotiations are completed. 
VII. TRANSPARENCY 
Question 40 
Samoa's response to this delegation's proposal to adopt the transparency commitment which 
has been placed in the revised Draft Working Pa rty Report, in brackets, is somewhat unclear. 
- We understand that a fixed period prior to enactment for comment is not accepted, but 
is Samoa considering the rest of the proposal? 
- Upon accession, or with a transition? 
Answer:  
[The representative of Samoa confirmed that from the date of its accession,  Samoa would fully and 
promptly implement the transparency provisions of the WTO requiring notification and publication, including the provisions of Article X of the GATT 1994.  He further confirmed that no law, WT/ACC/SAM/15 
Page 20  
 
  regulation, judicial decision administrative ruli ngs and other measures of  general application 
pertaining to or affecting trade in goods, services,  and TRIPS, would become effective prior to its 
publication.  The publication of such laws, regulati ons and other measures would include the effective 
date of these measures and list the products and/or  services affected by the particular measure.  
He stated further that Samoa intended to establish or designate an official journal or web-site, 
published or updated on a regular basis and readily  available to WTO Members, individuals and 
enterprises, dedicated to the publication of all regulations and other measures pertaining to or 
affecting trade in goods, services, and TRIPS prior to implementation, and that Samoa intended to 
provide a reasonable period, e.g. no less than 30 days,
 for comment to the appropriate authorities of 
Samoa before such measures are implemented, except for those regulations and other measures of 
general application involving natio nal emergency or security, or for which the publication would 
impede law enforcement or be ot herwise contrary to the public interest or prejudice the commercial 
interests of particular enterprises, public or priv ate.  Samoa intended to seek technical assistance  to 
implement this facility as soon as possible, and with in the timeframe of its other WTO commitments  
and should be in place five years from date of accession .  The Working Party took note of this 
commitment.] 
VIII. TRADE AGREEMENTS 
Question 41 Samoa has indicated to us in bilateral discussions that it is pursuing regional trade integration.  
Could this section be updated with information on these initiatives? 
Answer:
 
Samoa is a party to the Pacific Agreement on Clo ser Economic Relations (PACER).  PACER is not a 
free trade agreement rather it is a framework agreem ent outlining the basis for future integration of 
Forum Members which include the 14 Forum Isla nd Countries and Australia and New Zealand.  
Negotiations of a free trade agreement between PACER parties, now dubbed as PACER Plus, were 
launched in August 2009 but  have yet commenced. 
__________