RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SAM/10 
11 May 2009 
 (09-2310) 
Working Party on the 
Accession of Samoa Original:   English 
 
 
 
ACCESSION OF SAMOA  
Additional Questions and Replies  
 
 The following submission, dated 5 May 2009, is being circulated at the request of the 
Government of Samoa. 
 
_______________ 
  WT/ACC/SAM/10 
 Page i 
 
 
 TABLE OF CONTENTS 
II. ECONOMIC POLICIES..........................................................................................................1  
- Foreign Exchange and Payments ............................................................................................1  
- Investment Regime.............................................................................................................. ......1  
- State Ownership and Privatization .........................................................................................2  
III. FRAMEWORK FOR MAKING AN D ENFORCING POLICIES ......................................3  
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................5  
- Trading Rights ................................................................................................................. .........5  
A. IMPORT REGULATIONS......................................................................................................6  
- Customs tariff................................................................................................................. ...........6  
- Other duties and charges....................................................................................................... ...7 
- Tariff rate quotas, tariff exemptions.......................................................................................7  
- Fees and charges for services rendered...................................................................................7  
- Application of internal taxes on imports.................................................................................8  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ ...............9  
- Customs valuation.............................................................................................................. .....13  
- Rules of origin ................................................................................................................ .........15  
- Preshipment inspection ......................................................................................................... .16 
- Anti-dumping, countervailing duties, safeguard regime.....................................................16  
B. EXPORT REGULATIONS ...................................................................................................17  
- Export rest rictions ............................................................................................................ ......17  
- Export subsidies ............................................................................................................... .......17  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................17  
- Industrial policy, including subsidies....................................................................................17  
- Technical barriers to trade, standards and certification.....................................................18  
- Sanitary and phytosanitary measures...................................................................................19  
- Trade-related investment measures ......................................................................................21  
- State-trading entities......................................................................................................... ......21  
- Transit........................................................................................................................ ..............21  
- Agricultural policies.......................................................................................................... ......22  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................22  
VI. POLICIES AFFECTING TRADE IN SERVICES..............................................................23  
VII. TRANSPARENCY .................................................................................................................23  
- Publication of information on trade......................................................................................23  
VIII.  TRADE AGREEMENTS .......................................................................................................24  WT/ACC/SAM/10 
Page ii  
 
 Annex 1:  Redrafted Combined Subsidy Sections.............................................................................25
 
Annex 2:  Redrafted SPS Section Commitment................................................................................27  
 
  WT/ACC/SAM/10 
 Page 1 
 
 
 II. ECONOMIC POLICIES 
- Foreign Exchange and Payments Question 1 Paragraph 12 of WT/ACC/SPEC/SAM/4/Rev.2:  Plea se update the exchange rate given.  It is 
very out of date. 
Answer:
 
Cash rate as of 19 March 2009:  SAT 1.00 = USD 0.3275. 
Question 2 
Paragraph 15 of WT/ACC/SPEC/SAM/4/Rev.2:  We suggest adding reference to the 
Understanding to the commitment in paragraph 15. 
 15. The representative of Samoa confirmed that in the event Samoa applied 
restrictions to safeguard the balance-of-paym ents, it would do so in accordance with 
Article XVIII of the GATT 1994 and the Unde rstanding on the Balance of Payments 
Provisions of the GATT 1994.  The Working Party took note of this commitment. 
Answer:  
This is fine. 
- Investment Regime 
Question 3 Paragraphs 18 and 20 of WT/ACC/SPEC/SAM/4/Rev .2:  Samoa indicates that its review of the 
Foreign Investment Act 2000 and its draft regulatio ns, including the development of criteria for 
revising the Reserved and Restricted Lists is nearly complete. 
- Please provide the draft law and regulatio ns for Working Party review as soon as 
possible. 
- Please provide information for the Working Party Report text on the results of the 
review of the Foreign Investment Act 2000 and its draft regulations, including the development of criteria for revising the Res erved and Restricted Lists both Reserved 
and Restricted Lists and the special requireme nts for foreign investors associated with 
the Restricted List. 
Answer:
 
The Ministry of Commerce, Industry and Labour (MCIL) is still in the process of finalizing the 
Foreign Investment Amendment Bill 2008. The draft regulation on the other hand requires a 
consultation process with the private sector.  We will make available the draft legislation once it is 
ready for public comment as reflected in  the revised timetable as follows: WT/ACC/SAM/10 
Page 2  
 
 Table 1.1 -  Timetable for finalizing the Foreign Investment Legislation (April 2009)
 
 
Activity Completion 
1. Ongoing work with the Attorney Genera l's Office to finalize the legislations.  
Draft Foreign Investment Act (FIA) Bill and Regulation was received from 
the Attorney General's office (AG) in February 2009 and comments from 
MCIL were sent to AG in April. Since March 2008 
2. Circulate restricted and reserved ac tivities for stakeholders comments (follow 
up and awaiting responses from stakeholders). January/April 2009 
3. Incorporate comments from stakeholders and forward to the Attorney 
General's office for final legal drafting. April/May 2009 
4. Meeting of MCIL and AG to clarify issues for completion of Bill. May 2009 
5. Present final Bill to Cabinet for their endorsement (through AG); and 
 Amendment Bill 2008 published in Gazette:  (Savali newspaper) for public 
comments. May/June 2009 
6. Bill submitted to Parliament for cons ideration and approv al (through AG); and 
 Present final regulation to Cabinet for endorsement (through AG). June/July 2009 
 
Question 4 Please confirm whether the "Reserved" sectors deal exclusively with employment, or if the 
reservation extends to ownership of the enterpri ses in the sectors listed as well, e.g., could a 
foreign firm own a taxi enterprise, if all taxi drivers were Samoan?  Could a foreign firm own a 
retail establishment if all the staff were Samoan? 
Answer:
 
The Reserved list of activities identifies those bus iness activities that are reserved exclusively for 
Samoan citizens.  Foreign investors cannot own businesses under the reserved activities.  
Question 5 
Paragraph 19 of WT/ACC/SPEC/SAM/4/Rev.2:  Please clarify that there will be an opportunity 
for public comment on proposals to expand or amend the Restricted List sectors or 
requirements prior to parliamentary action to enact the legislation.  
Answer:  
Yes there is an opportunity for public comments  as reflected in the above timetable (refer to 
Table 1.1). 
- State Ownership and Privatization Question 6 Paragraph 27 and Tables 1 and 2 of WT/ACC/SP EC/SAM/4/Rev.2:  We thank Samoa for its 
comprehensive and clear description of its St ate-owned and State-controlled Enterprises, and 
the status of its revised privatization programme based on the information in the responses to 
Questions 8 and 9 and Tables 1 and 2 of WT/ACC/SAM/8.  
Answer:
 
Noted.  WT/ACC/SAM/10 
 Page 3 
 
 
 Question 7 
Paragraph 30 of WT/ACC/SPEC/SAM/4/Rev.2:  Please clarify in the text why Samoa does not 
consider that the Agriculture Store Corporatio n and its privately owned duopoly partner for 
sales of pesticides and other agricultural chem icals should be notified as State Trading 
Enterprises, as provided for in the Understanding on Article XVII of the GATT 1994.  Will the 
duopoly continue after privatization? 
Answer:  
The market for importation, distribution / selling of  pesticides is open to competition.  Any one can 
apply to the Pesticides Committee (Ministry of Agri culture) for a licence to trade in these services.  
The Agriculture Store Corporation and Farm Supp lies are the only local companies currently selling 
pesticides FOR AGRICULTURAL USE only.  However there are many other companies with 
licences to import/distribute/sell chemicals, etc., fo r household purposes.  The small market size does 
not encourage companies to trade in pesticides for ag ricultural purposes.  It must also be noted that 
more and more villages do not allow the use of chemicals for farming and are moving to organic 
farming.   
The duopoly will be disconti nued after privatization. 
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
Question 8 Paragraph 39 of WT/ACC/SPEC/SAM/4/Rev.2:  Please revise the third sentence "The two 
others were held by representatives of individual vot ers without territorial or tribal affiliation." 
Answer:
 
Noted. 
Question 9 
Paragraph 44 of WT/ACC/SPEC/SAM/4/Rev.2:  We thank Samoa for clarifying how 
administrative appeals of government acts are ad dressed, e.g., in the context of issues covered 
by WTO provisions.  The response to Question 16 of WT/ACC/SAM/8, however, is troubling. 
- It appears that administrative decisions are not able to be appealed to the judiciary, 
however, and that the Ombudsman's role is no t guaranteed, even if it were agreed that 
the Ombudsman could be considered an "independent tribunal" for the purposes of Article X:3 of the GATT 1994 or the due process provisions of WTO Agreements. 
- The reference to appeals to rulings by th e Comptroller based on common law does not 
adequately address the problem. 
- (Statement) We seek a clear statement for the Working Party Report outlining how 
Samoa intends to create a right of appeal of administrative decisions to the judiciary for 
the issues covered by the WTO Agreements, e.g., appealing a customs decision, and 
including classification and valuation, applic ation of tariff duties, charges and taxes to 
imports, application of standards and techni cal regulations to imports, and intellectual 
property rights cases.  We seek a commitment  from Samoa that it will be enacted in law 
and in operation as part of Samoa's system of appeals by a date certain. WT/ACC/SAM/10 
Page 4  
 
 - Samoa's provisions do not conform to the requirements of Article X:3, and are in 
addition, we seek specific information on the same issues on recourse available to 
importers and exporters for judicial. 
Paragraph 44 of WT/ACC/SPEC/SAM/4/Rev.2:  The commitment in this paragraph is 
inadequate and the commitment inaccurate, as  it appears Samoa does not fully implement 
the GATT Article X:3 nor the provisions for appeal in other WTO Agreements, e.g., the 
Customs Valuation Agreement.  We suggest the following redrafting (to be accompanied by 
descriptive text outlining what Samoa intends to do to bring its tariff): 
 41. [The representative of Samoa confir med that from the date of its accession, 
Samoa would continue to provide foreign and domestic importers and exporters the 
right to appeal administrative action relating to all matters subject to WTO provisions 
utilizing its current laws and procedures.  He further confirmed that a system of appeal 
from administrative decisions in matters c overed by WTO Agreements to the judiciary 
or to an independent tribunal, as provide d for in Article X:3 of the GATT and other 
WTO Agreements, was in the process of be ing established in the draft Law on XXXX, 
and would be operational by 31 December 2009.   The Working Party took note of this 
commitment.] 
Answer:
 
All customs administrative decisions are subject to judicial appeal.  There are currently no general 
administrative rights of appeals to decisions made by the Comptroller except fo r those provided in the 
Customs Valuation, Registration on the Import and Export Electronic Processing System and 
Administrative Penalties.  However, all decisions ma de by the Comptroller are subject to judicial 
review by the Supreme Court pursuant to the Supreme Court (Civil Procedure) Rules and common law principles.  
Question 10 
Paragraph 47 and the response to Question 18 of WT/ACC/SAM/8:  In light of the information 
provided, we would appreciate a statement by  Samoa in the Working Party Report text 
confirming its intention to apply the WTO uni formly throughout Samoa, and its ability to 
overrule sub-central governing authorities on WTO matters.  We do not think that the text offered in paragraph 47 fully covers the issues.  We suggest the following additional text: 
 47 bis. [The representative of Samoa confirmed that sub-central entities had no 
autonomous authority over issues of subsidies, taxation, trade policy or any other 
measures covered by WTO provisions.  He confirmed that the provisions of the 
WTO Agreement, including Samoa's Protocol of Accession, would be applied uniformly 
throughout its customs territory and other territories under Samoa's control, including 
in special economic zones, and other areas where special regimes for tariffs, taxes and 
regulations are established.  He added that when apprized of a situation where WTO 
provisions were not being applied or were applied in a non-uniform manner, central 
authorities would act to enforce WTO provisi ons without requiring affected parties to 
petition through the courts.  The Working Party took note of these commitments.] 
Answer:
 
This is fine.  WT/ACC/SAM/10 
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 IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights Question 11 Paragraph 50 of WT/ACC/SPEC/SAM/4/Rev.2:  Please update the USD value of the licensing 
fees expressed in Samoan Tala (SAT) referred to in this paragraph and all other such references 
in the draft Working Party Report, e.g., in paragraphs 12, 40, 42, 50, 53, 58, 67, 73, 96, 115, 131, 
168, 178, 182, 184, , etc. 
Answer:
 
Business licence SAT 220 = USD 72.886 SAT 500 = USD 165.65 (October 08). 
Question 12 
Paragraph 53 of WT/ACC/SPEC/SAM/4/Rev.2:  The last part of the paragraph should be 
clarified, as follows: 
 53. In addition... Before trading liquor, v illage stores had to seek permission to sell 
liquor from their village council.  Licenses to import liquor were neither restricted in 
number nor subject to specific criteria, but two different activity licenses were needed, 
one to buy and sell liquor domestically and one to import it.  In the case of domestic 
liquor, both a licence to produce and a li cence to buy and sell were required.  Licenses 
were valid for one year.  Licence fees to pr oduce, purchase, sell and import liquor are 
presented in Table 4.  He confirmed that reta ilers who already had an activity licence to 
buy and sell liquor did not need a second licence to import.  
Answer:  
The last sentence of the paragraph, as amended, is incorrect under both the current regime and the 
new regime being established.   
In the current regime, a trader is required to appl y and obtain a licence to sell liquor before they can 
apply for second licence to either manufacture or import liquor.  There is a link here in that the licence 
to sell liquor is a prerequisite to applying for a licence to import liquor.   
As per the requests of the Working Party, Samoa is amending its Liquor laws.  The Government is 
proposing to remove the current requirement for an importer to apply first for a licence to sell liquor 
before applying for a licence to import.  Under the pr oposed laws, any trader can apply first  to import 
liquor.  However, once they have obtained an impor ters licence, if the trader wishes to sell or 
distribute any imported alcohol in Samoa then they  will require an additional licence to sell liquor. 
This is the case for local businesses as well. 
The Liquor Control Board is still reviewing the draft B ill.  As this is the first major amendment since 
the Liquor Act was first passed in 1971 there are ma ny proposed policy changes that require in depth 
review by the Committee.  Once the Liquor Contro l Board has finalised its proposed policy changes 
the Bill will be returned to the Office of the Attorney General for a final review. WT/ACC/SAM/10 
Page 6  
 
 At this stage the Liquor Control Board have not set a date for the draft Bill to be presented to Cabinet 
for endorsement although it appears that the Liquor Control Board have planned to complete their 
work by December 2009. 
Question 13 
Paragraph 55 of WT/ACC/SPEC/SAM/4/Rev.2:  We appreciate that Samoa is considering how 
to separate the acts of distribution and import ation in the area of alcoholic beverages. 
- Has the Liquor Control Board completed its review? 
- Has the Office of the Attorney General transmitted the draft amendment to the 
Liquor Act of 1971 to the Cabinet for endo rsement?  Has it been forwarded to 
Parliament? 
- Could Samoa indicate how it intends to proceed in this matter? 
Answer:
 
Please refer to above response. 
Question 14 
Paragraph 56 of WT/ACC/SPEC/SAM/4/Rev.2:  We  cannot finalize the text of this commitment 
without reference to what Samoa intends to do on the alcohol importation issues.  We look 
forward to final resolution of the issues. 
Answer:  
Please refer to above response. 
A. IMPORT REGULATIONS 
- Customs tariff 
Question 15 
Paragraph 57 of WT/ACC/SPEC/SAM/4/Rev.2:  We thank Samoa for the information in the 
responses to Questions 28 and 29 of WT/ACC/SAM/8 concerning its intent to establish its applied and bound tariff rates in the HS2007 nomenclature. 
- We would like to see that information exp licitly referenced in the draft Working Party 
Report. 
- Please confirm as well that Samoa will comp lete its market access negotiations in 
HS1996. 
Answer:
 
Confirmed. 
Question 16 
Finally, please provide the WTO Secretariat and interested Working Party Members with a full 
and accurate concordance to HS2007 to be used for the conversion.  Doing this will allow the  WT/ACC/SAM/10 
 Page 7 
 
 
 Secretariat to compile a consolidated goods schedule in HS2007 for Working Party Member 
verification, and will help Members comple te their verification efforts rapidly. 
Answer:  
This will be provided once it is endorsed by Cabinet. 
- Other duties and charges 
Question 17 
Paragraph 61 of WT/ACC/SPEC/SAM/4/Rev.2:  We thank Samoa for its agreement to the 
revised commitment language. 
Answer:  
Noted. - Tariff rate quotas, tariff exemptions  
Question 18 Paragraph 63 of WT/ACC/SPEC/SAM/4/Rev.2:  We thank Samoa for its agreement to the 
revised commitment language. 
Answer:
 
Noted. 
- Fees and charges for services rendered 
Question 19 Paragraph 63 of WT/ACC/SPEC/SAM/4/Rev.2:  Please provide updated information 
concerning the deliberations of the National Revenue Board on establishing a customs fee structure consistent with the provisions of Article VIII of the GATT 1994. 
Answer:
 
A revised, WTO-compliant, fee structure is awaiting endorsement by the National Revenue Board for 
as required under the Public Finance Management Act.   The current fee structure as set out in Table 1 
below will be replaced by the fee structure provide d in Table 2.  Once endorsed by the National 
Revenue Board, it is then given to Cabinet for approval. 
 
Table 1  
 
R61 Application for refunds SAT 25 + SAT 8 per SAT 500 or part thereof 
R62 Application for refund, faulty manufacture SAT 25 + SAT 8 per SAT 500 or part thereof 
R63 Application for refund, damaged etc. goods SAT 25 + SAT 8 per SAT 500 or part thereof 
R64 Application for refund, goods diminished in value SAT 25 + SAT 8 per SAT 500 or part thereof 
R65 Application for refund, destroyed, pillaged or lost 
goods SAT 25 + SAT 8 per SAT 500 or part thereof 
R67 Application for drawback SAT 25 + SAT 8 per SAT 500 or part thereof 
R68 Application for drawback in special cases SAT 25 + SAT 8 per SAT 500 or part thereof WT/ACC/SAM/10 
Page 8  
 
  
Table 2
 
 
R61 Application for refunds SAT 25 
R62 Application for refund, faulty manufacture SAT 25 
R63 Application for refund, damaged etc. goods SAT 25 
R64 Application for refund, goods diminished in value SAT 25 
R65 Application for refund, destroyed, pillaged or lost 
goods SAT 25 
R67 Application for drawback SAT 25 
R68 Application for drawback  in special cases SAT 25 
 
Question 20 
Paragraph 66 of WT/ACC/SPEC/SAM/4/Rev.2:  We thank Samoa for its agreement to the 
commitment language.  However, we are not prep ared to see the brackets lifted from this 
section until we have adequate information on Sa moa's plans for establishing a WTO-consistent 
customs fee structure. 
Answer:  
Refer to above response. 
- Application of internal taxes on imports 
Question 21 Paragraph 68 of WT/ACC/SPEC/SAM/4/Rev.2:  We  agree that enterprises, including farms, 
with small turnover, are often exempted from p aying the VAT.  If this is the basis upon which 
Samoa exempts its small agricultural producers from th e VAT, it should be so stated in the text 
of the draft Working Party Report and the legal ci tation that provides for this exemption should 
be given. 
We cannot agree that the exemption of domest ically produced raw agricultural produce, per se , 
from the VAT is WTO consistent unless such an exemption is made available for such imported 
goods as well. 
Earlier, we asked that Samoa clarify how the current system works, and provide the 
appropriate legal citations to back that up.  Based on the response to Question 39 of WT/ACC/SAM/8 and the reference in paragraph 68 of the revised draft Working Party Report, 
is Samoa now in position to give us an update on  its deliberations on this issue, and how does it 
intend to bring the current practice into conformity with Article III of the GATT 1994? 
Answer:
 
The matter is still under review.  Prior to accession , Samoa intends to amend its laws to ensure 
conformity.  An update will be provided to WT O Members at the next meeting in May 2009. 
Question 22 
Table 6:  Check the typo in the line for 2208.2090.  It should be 57.12 per cent, not 15 per cent.  WT/ACC/SAM/10 
 Page 9 
 
 
 Answer:  
This has been corrected accordingly. 
Question 23 
Paragraphs 69 and 70 of WT/ACC/S PEC/SAM/4/Rev.2:  In our review of Table 6 we notice that 
the taxation of alcohol is different for different types of beverages, and at different levels of 
alcohol. 
While we accept that the taxes applied do not vary between imports and domestic goods of the 
same type of beverage or level of alcoholic content, the taxation of similar goods could vary 
based on which products were imported and which were domestic. 
Please describe for the Working Party Report wh at sorts of alcoholic beverages are produced 
domestically and what level of alcohol is typi cal of domestically produced distilled alcoholic 
beverages or spirits. 
Answer:  
There are several liquor manufacturers in Samoa.  The largest is Vailima Br eweries that currently 
only manufactures beer under heading 2203 but imports other forms of liquor such as wines and 
spirits for local sale.  The several small manufact urers produce various spirituous products such as 
vodka and whiskey produced under heading 2208.  As liquor products are closely regulated due to its 
value and vulnerability to misuse, the import duty rat es for these products are not used as a barrier for 
trade but are uniformly applied across the board to all liquor products whether produced in Samoa or 
not. 
The main alcohol produced in Samoa is beer made  from malt with a strength exceeding 3 per cent by 
volume of alcohol (22030090) and vodka, rum a nd whisky of an alcohol strength by volume 
exceeding 30 per cent but not exceeding 57.12 per cent. 
Question 24 
Paragraph 71 of WT/ACC/SPEC/SAM/4/Rev.2:  We suggest the commitment for this section be 
left in brackets pending agreement on the disposition of the VAT and excise tax issues.  
Answer:  
This is fine. 
- Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 25 We appreciate the additional information provided in the responses to Questions 41-44 in 
WT/ACC/SAM/8 and in the text of the revised draft Working Party Report.  As we have noted 
before, however, we need further informatio n on Samoa's justification for some of these 
restrictions, and we need to see further elaboratio n of our concerns in the revised Draft Report. WT/ACC/SAM/10 
Page 10  
 
 Paragraphs 75-76 of WT/ACC/SPEC/SAM/4/Rev.2:  Concerning Samoa's restriction on the 
importation of automobiles more than 12 years old: 
- We remain concerned that this arbitrary restriction discriminates against imports. 
- Clearly used automobiles older than 12 yea rs are purchased and so ld domestically and 
therefore cannot all be considered unsafe per se . 
- We urge Samoa to reform its system a nd to apply non-discriminatory safety and 
environmental standards to all used auto mobiles, whether imported or purchased 
domestically. 
- Such a regime could be administered with import licenses requiring safety or 
environmental inspections for imported vehi cles over 12 years old comparable to those 
required for vehicles over 12 years old purchased domestically. 
We would like to see our views reflected in the draft Working Party Report. 
Answer:
 
Samoa is in the process of reviewing this prohibiti on.  A comprehensive update will be provided to 
WTO Members at the May meeting. 
Question 26 Paragraph 76 of WT/ACC/SPEC/SAM/4/Rev.2:  Concerning Samoa's ban on the importation of 
left-hand drive (LHD) vehicles: 
- We would also appreciate more informatio n from Samoa on the reason for its recent 
ban on the importation of left-hand drive (LHD) vehicles. 
- Why has Samoa suddenly made this change? A significant portion of U.S. exports to 
Samoa (up to 40 per cent in recent years) is accounted for by automotive equipment, 
and we expect that virtually all of it will be affected by the ban. 
- Other countries do not ban LHD or RHD vehicl es even if their driving regulations are 
based on the other arrangement, so why does Samoa? 
- What portion of automotive vehicles cu rrently in Samoa are left-hand drives?  What 
will happen to left-hand drive vehicles already in Samoa after the ban takes effect?  Are 
they considered a hazard?  Will they be perm itted to remain on the road, or is it only 
imports that will be prohibited? 
We would like to see this discussion and Sa moa's responses to our questions reflected 
appropriately in the draft Working Party Report, along with our strong recommendation that this ban is discriminatory and unnecessary.   
Answer:
 
Samoa is in the process of reviewing this prohibiti on.  A comprehensive update will be provided to 
WTO Members at the May meeting. 
Question 27 
Paragraph 76 of WT/ACC/SPEC/SAM/4/Rev.2, and the response to Question 45 of 
WT/ACC/SAM/8:  We appreciate Samoa's efforts to bring its registration fee for agricultural 
chemicals into line with Article VIII of the GATT 1994.  WT/ACC/SAM/10 
 Page 11 
 
 
 We suggest that the discussion of this fee (including the bracketed reference (in paragraphs 73 
and 76, and in the commitment text) be moved to  the section on "Fees and Charges for Services 
Rendered" along with the updated information on its transformation. 
Answer:  
This is fine. Question 28 Paragraph 72 of WT/ACC/SPEC/SAM/4/Rev.2, and the response to Question 46 of 
WT/ACC/SAM/8:  Pease provide a Table, like Table 7, listing all the imported products that are 
prohibited, including HS numbers. 
Does Samoa produce any of these products domestically? 
Answer:
 
Prohibited imports  
 
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 NA. 
Pornographic articles, publications, films, and 
video Relevant goods imported under Chapters 37, 49, 85. 
Non-biodegradable plastic bags Relevant goods imported under Heading 3923 
 
Of the goods listed above, the only product that Sa moa manufactures is honey.  The ban is not related 
to industry protection but of phytosanitary reasons. 
Question 29 
Paragraph 72 of WT/ACC/SPEC/SAM/4/Rev.2:  Samoa indicates that it has prohibited imports 
of turkey tails and states that this measure was introduced to support health preventative 
measures to curb the rising problem of life styl e disease such as diabetes, high blood pressure, 
and heart and kidney failure among other reasons. 
- We appreciate the Government of Samoa's desire to enhance the health of its citizens 
and to take action to address the threat that obesity represents to that goal. 
- However, we are concerned that Samoa has singled out a single food item in order to 
address a much larger and more complex problem. 
- In this regard, we note that there was wide consensus at the 36th Session of the Codex 
Committee on Food Labelling, which reflected the World Health Organization's Draft Action Plan for the Implementation of the Global Strategy on Diet, Physical Activity and Health, that emphasized the impo rtance of considering total dietary choices 
and exercise to avoid no n-communicable diseases. 
- What is Samoa's plan for educating its co nsumers on the importance of considering total 
dietary choices and exercise to avoid non-commu nicable diseases, as discussed in the WT/ACC/SAM/10 
Page 12  
 
 World Health Organization's Draft Action Plan for the Implementation of the Global 
Strategy on Diet, Physical Activity and Health? 
Answer:
 
Samoa is currently implementing a number of me asures to educate consumers about healthy diet 
choices and exercise: 
(a) Samoa has just developed the "Health Sector  Plan 2008-2018: A Healthy Samoa", which has 
"Health Promotion and Prevention" as one of the strategic areas with the objective of "To strengthen health promotion and primordial prevention".  This objective includes a number of outputs and indicators related to the WHO Global Strategy on Diet, Physical Activity and Health; 
(b) Samoa's Dietary Guidelines are currently bein g reviewed and updated through consultations 
with stakeholders.  These guidelines emphasise the importance of eating a variety of fresh local foods and they also encourage consumers to  eat fewer foods high in fat, salt, sugar and 
to be active everyday; 
(c) The health, agriculture and community deve lopment sectors actively promote healthy eating 
and in particular, eating local foods and fr esh fruit and vegetables.  Activities include 
awareness and training sessions about healthy diets and physical activity, information booths at special events such as church conferen ces, seed distribution, planting and gardening 
programmes; 
(d) Communities are encouraged through their work  with the Ministry of Women, Community 
and Social Development, to improve family an d food supply and physical activity by planting 
family vegetable gardens; 
(e) Healthy eating and physical activity are promot ed through the mass media.  Radio and posters 
are produced and information provided to the print media for publication; 
(f) Appropriate Infant and Young Child Feeding is promoted to give young children the best start 
in life they can get.  Each year World Breastfe eding Week is celebrated to increase awareness 
about the importance of breastfeeding and Samo a is currently striving to implement the 
Baby Friendly Hospital Initiative to furt her strengthen and support breastfeeding; 
(g) A national physical activity programme in the villages, which has been running for two years, 
encourages people to undertake regular physical activity as part of a healthy lifestyle.  At 
present 96 villages conduct regular physical ac tivity programmes.  Other messages about a 
healthy lifestyle are also incorporated in the programme such as eating low fat foods and quit 
smoking.  Currently there are efforts underway  to strengthen the nutrition and gardening 
elements of the programme in a ddition to the physical activity; 
(h) National Annual weeks and days focusing on hea lth and food are celebrated: Health Lifestyle 
Week (November); World Food Day (October); World Breastfeeding Week (August); and World Health Day (April); 
(i) Nutrition, physical activity and health are a ll included in the school curriculum for secondary 
students and the primary school curriculum is cu rrently being strengthened.  Pre-school and 
school teachers and nursing training programmes all include nutrition as a subject; 
(j) Efforts are being made to improve nutriti on in schools (pre-schools - primary).  School 
nutrition guidelines have been drafted and are read y for pilot testing.  They seek to limit the 
amount of foods high in fat, salt and sugar th at can be sold and consumed in schools to 
prevent promotion of these foods in schools.  A pilot pre-school programme has shown that 
improvements in food served to children can be made and sustained over two years.  At the 
beginning of the programme, 57 per cent children were eating foods high in  fat, salt and sugar 
at pre-school.  After two years only 9 per cent were doing so; 
(k) The Ministry of Health is working on updati ng food legislation for Samoa.  New legislation 
has been drafted and stakeholders are cu rrently being consulted on the draft; and  WT/ACC/SAM/10 
 Page 13 
 
 
 (l) The National CODEX Committee is working on  developing food standards to address the 
availability of high quality foods. 
Question 30 
We would also like to know what specific objectiv e criteria Samoa used to identify this one food 
product among all others for restriction. 
Answer:  
The turkey tail prohibition is considered by Samoa a desperate measure to address the very real health 
problems faced by the people of this country.  
- Turkey tails contain high percentage of fat ( 32 per cent: Foster Farms, turkey tail supplier); 
- Turkey tails are popular food items and are easily  accessible as it is cheaper than other types 
and cuts of meat.  This is a particul ar concern for low income earners; and 
- Discourage the introduction of turkey tails to the diets of young children.  It would be difficult 
to sway them from consumption of it as they get older. 
Question 31 
How can Samoa justify an arbitrary ban on one food in combating health problems when many 
others with similar characteristics are allowed in circulation? 
We would like to see this discussion and Samoa' s response reflected appropriately in the draft 
Working Party Report 
Answer:  
Samoa is in the process of reviewing this prohibiti on.  A comprehensive update will be provided to 
WTO Members at the May meeting. 
- Customs valuation  
Question 32 We thank Samoa for the additional information provided in the responses to Questions 48, 51, 
and 53 of WT/ACC/SAM/8 and the revised draft Working Party Report.   
What is the status of the Customs Valuation Amendment Regulations 2007?  If the final draft 
has been completed, may we review it? 
We suggest inserting Table 9 in the text of the revised draft Working Party Report, as follows: 
 81. During this period, ...the transition period is assured.  The representative of 
Samoa presented an Action Plan setting out de tails of the steps that still remained to be 
taken in order to achieve this objective and a timetable for each step (Table 9). WT/ACC/SAM/10 
Page 14  
 
 Table 9
 
Action Timeframe 
Working Party review of draft legislation necessary for 
conformity with the Agreement Prior to Accession 
Provisions of the Agreement that Samo a can implement as from accession 
Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 13, 15, 16, 17, implemented in 
accordance with existing legislation Completed 
Recruitment of personnel, obta ining facilities and equipment, 
establishment of databases Completed 
Customs Valuation Amendment Regulations 2007 Under development, 2006-2007 
Final Draft completed prior to 
1 August 2008 
Provisions of the Agreement that Samoa will implement prior to the en d of the transitional period 
Passage of Regulation through Ca binet Prior to 1 September 2008 
- Article 10 data confidentia lity Prior to 1 September 2008 
- Article 12 transparency Prior to 1 September 2008 
- Article 14 interpretative no tes Prior to 1 September 2008 
Updating of manuals, operating procedures Prior to August 2008 
Printing of updated forms, brochu res etc. Prior to August 2008 
Training of at least 20 Officials and Customs Officers Prio r to August 2008 
Workshops for Private Sector  Prior to August 2008 
Implementation of valuation syst em in full conformity with 
WTO rules Prior to 1 December 2008 
 
 82. The representative of Samoa stated that legislation on the valuation of imports 
for customs and taxation purposes conforming to the requirements of the Agreement on 
Customs Valuation would be enacted by 1 September 2008.  Samoa would progressively 
implement the Agreement on Customs Valuatio n in accordance with the action plan in 
Table 9, and with the understanding that during this period the scope of implementation of other aspects of the Agreement, as described in paragraphs [80] and [81], would be applied by Samoa.  Full implementation would start from 1 December 2008.  The Working Party took note of these commitments. 
Answer:
 
The Customs Valuation Regulations Amendment Draft is now awaiting Cabinet endorsement.  
Table 9 accurately reflects the stage that this amendment has reached:  
Table 9  
Action Timeframe 
Working Party review of draft legislation necessary for conformity 
with the Agreement Prior to Accession 
Provisions of the Agreement that Sa moa can implement as from accession 
Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 13, 15, 16, 17, implemented in 
accordance with existing legislation Completed 
Recruitment of Personnel, obtaining facilities and equipment, 
establishment of databases Completed 
Customs Valuation Amendment Regulations 2009 In draft form - awaiting Cabinet 
endorsement 
Provisions of the Agreement that Samoa will impl ement prior to the end of the transitional period 
Passage of Regulation through Cabinet June 2009 
- Article 10 data confidentiality June 2009  WT/ACC/SAM/10 
 Page 15 
 
 
 Action Timeframe 
- Article 12  transparency June 2009 
- Article 14  Interpretative Notes June 2009 
Updating of manuals, operating pro cedures Prior to December 2009 
Printing of updated forms, brochu res etc. Prior to December 2009 
Training of at least 20 Officials an d Customs Officers Pr ior to December 2009 
Workshops for Private Sector Prior to December 2009 
Implementation of valuation system in full conformity with WTO 
rules January 2010 
 
- Rules of origin 
Question 33 Paragraph 86 of WT/ACC/SPEC/SAM/Rev.2:  We appreciate why Samoa has amended the 
suggested text for paragraph 86.   However, there are a number of reasons why Samoa will need 
to determine origin of its imports, whether or no t it has such rules in place from the date of 
accession. 
- Origin is important for the administration of the Agreements on, inter alia , Safeguards, 
Antidumping, Subsidies and Countervailing Duties, TBT, SPS, and Import Licensing 
Procedures. 
- Confirmation of origin in accordance with the provisions of Article II(h) must be 
available to importers. 
We ask that Samoa accept the previously suggested  text, or amend it to provide a date certain 
by which this provision of the Agreement on Rules of Origin will be operational, as follows. 
 86. The representative of Samoa confirmed that, [from the date of accession,] [from 
date certain,] Samoa's preferential and non- preferential rules of origin would fully 
comply with the WTO Agreement on Rules of Origin, including the provisions of 
Article 2(h) and Annex II, paragraph 3(d) of the Agreement, i.e., that for non-preferential and preferential rules of origin, respectively, the customs authority 
would accept requests from an exporter, import er or any person with a justifiable cause 
for an assessment of the origin of the import  make such a determination as soon as 
possible, but no later than 150 days after th e request had been submitted provided that 
all necessary elements had been submitted.  Requests for such assessments shall be 
accepted before trade in the good concerned begins and may be accepted at any later point in time.  Such assessments shall remai n valid for three years provided that the 
facts and conditions, including the rules of  origin, under which they have been made 
remain comparable. Samoa would also abide by the relevant WTO provisions on 
transparency and the provision of information about its rules of origin and their application.  The Working Party took note of this commitment. 
Answer:
 
Samoa has no non-preferential rules of origin in place except those provided by Section 134(2) which 
relate to fish, whales and natural produce of the sea. WT/ACC/SAM/10 
Page 16  
 
 - Preshipment inspection 
Question 34 We remain convinced that preshipment insp ection services engaged by WTO Members should 
respect and apply the provisions of the WTO Agreements, since the PSI firm is enforcing mandatory requirements for importation a nd exportation on behalf of the Member 
government. 
We thank Samoa for its agreement to stri ke paragraph 88 from the text of 
WT/ACC/SPEC/SAM/4/Rev.2.  Samoa either acknowledges its WTO obligations, whether 
applied by customs staff or a private firm on its behalf, or it does not.  If not, then we cannot 
consider this section of the Report closed 
We propose removing the brackets from the revis ed commitment in paragraph 89, as follows: 
 89. The representative of Samoa confirmed that if a pre-shipment inspection system 
would be introduced in the future, it would be  temporary.  Should such a system be put 
in place, Samoa would ensure that this sy stem would be in conformity with the 
WTO Agreement on Preshipment Inspection and any other relevant WTO provision] 
The Government of Samoa would take respon sibility to ensure that the operations of 
any preshipment inspection companies it retained would meet the requirements of the WTO Agreements, in particular the Agreem ents on Preshipment Inspection, Import 
Licensing Procedures, Customs Valuation, Sanitary and Phytosanitary Measures and 
Technical Barriers to Trade.  He further confirmed that charges and fees applied by such companies would be consistent with Ar ticle VIII of the GATT  1994, and that such 
system would comply with the due pro cess and transparency requirements of the 
WTO Agreements, in particular Article X of the GATT 1994, and the Agreement on the Implementation of Article VII of the GATT 1994.  The Working Party took note of these commitments. 
Answer:
 
This is fine. 
- Anti-dumping, countervailing duties, safeguard regime 
Question 35 We are reviewing Samoa's recently provided trade remedy legislation and reserve the right for 
further questions later. 
Answer:
 
Noted. 
Question 36 
Paragraph 92 of WT/ACC/SPEC/SAM/4/Rev.2:  We thank Samoa for its agreement to the 
revised commitment language.   WT/ACC/SAM/10 
 Page 17 
 
 
 Answer:  
Noted. 
B. EXPORT REGULATIONS 
- Export restrictions Question 37 
Paragraph 98 of WT/ACC/SPEC/SAM/4/Rev.2:  We thank Samoa for its agreement to the 
revised commitment language.  
Answer:
 
Noted. 
- Export subsidies 
Question 38 
Paragraph 101 of WT/ACC/SPEC/SAM/4/Rev.2:  We thank Samoa for its agreement to the 
revised commitment language, but per below, we believe this section should be merged with the 
"Industrial Policy" section. 
Answer:  
Noted.  This is fine. 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Industrial policy, including subsidies Question 39 We appreciate the additional information provided by Samoa on its subsidies and incentives.  It 
makes it clear that the firm Yazaki Samoa Limite d will continue to be eligible for tax holidays 
and for customs and excise benefits until 11 July 2010 under the Enterprise Incentives and 
Export Promotion Act 1992/1993. 
As these benefits are contingent in fact, if no t in law, on exports, we also appreciate the 
information provided by Samoa that it does no t intend to extend these programmes when they 
expire. 
In light of this information, we suggest merg ing the information in the sections on Export 
Subsidies and Industrial Policies (including subs idies) and using a single commitment for the 
new, combined section.   
Answer:
 
This is fine. WT/ACC/SAM/10 
Page 18  
 
 Question 40 
Our drafting suggestions are contained in Annex 1 to this submission.  
Answer:
 
Refer to the annex for comments. 
Question 41 
Could Samoa please provide copies of the Enterprise Incentives and Export Promotion 
Act 1992/1993 and any amendments to the law to  the Secretariat for Me mbers to review? We 
reserve the right for further questions upo n review of the requested legislation. 
Answer:  
This legislation has been abolished. - Technical barriers to trade, standards and certification Question 42 Paragraph 109 of WT/ACC/SPEC/SAM/4/Rev.2:  We are sensitive to the fact that Samoa does 
not establish its own technical regulations, nor have  any approved standards, with the exception 
of the pesticide labelling requirement which was based on international standards.  For this 
reason, the commitment is prospective.  We support this commitment with changes that track 
the recommendations of the WTO Committee on Technical Barriers to Trade and the Doha 
Ministerial Declaration on Implementation on norms for prior publication and comment, as follows: 
 109. [The representative of Samoa stat ed that Samoa would establish an enquiry 
point as soon as possible within the Mi nistry of Commerce, Industry and Labour, 
responsible for answering all enquiry and noti fications as provided in the Agreement on 
Technical Barriers to Trade.  Samoa woul d ensure that no technical regulations, 
standards and conformity assessment proce dures were adopted or implemented until 
Samoa had implemented appropriate laws ensu ring conformity with the provisions of 
the Agreement on Technical Barriers to Trade,  including the publication or posting on a 
website of draft technical regulations and conformity assessment requirements for 
review and comment at least 60 days prior to implementation, and that the final technical regulations and conformity a ssessment requirements would be published at 
least six months prior to entry into force.  Samoa would ensure the full conformity of 
any such legislation with the Agreement on Technical Barriers to Trade.  The Working 
Party took note of these commitments.] 
Answer:
 
Samoa understands that the publication of draft tec hnical regulations is not a requirement under the 
TBT Agreement, it is only a recommendation made by the TBT Committee.  The only requirement concerns the notification of draft technical regulations.  We would therefore like to suggest the following alternative language: 
[The representative of Samoa stated [...] including the notification of draft technical regulations and 
conformity assessment requirements for review and comment at least 60 days prior to  WT/ACC/SAM/10 
 Page 19 
 
 
 implementation, and that the final technical re gulations and conformity assessment requirements 
would be published at least six months prior to entry into force.  Samo a would ensure the full 
conformity of any such legislation with the Agre ement on Technical Barriers to Trade.  The Working 
Party took note of these commitments.] 
- Sanitary and phytosanitary measures 
Question 43 
We appreciate Samoa's thorough review of its SPS entry requirements and strong commitment 
to participate in the three international standards bodies of the Codex Alimentarius, International Plant Protection Convention, and the World Organization for Animal Health. 
The steps that Samoa has outlined in its SPS Action Plan (WT/ACC/SAM/9) are also quite 
transparent and noteworthy. 
We have some questions: - We very much appreciate the opportunity provided to review Samoa's Quarantine Act 
of 2005. Although we are still evaluating this  document we have a few initial questions. 
- Has the legislation been officially adopted? 
Answer:
 
Yes, the Quarantine (Biosecurity) Act 2005 has been  officially adopted through enactment by the 
Legislative Assembly of Samoa in Parliament, 2 December 2005. 
Question 44 
Does Samoa have a similar Act that governs f ood and agricultural products produced in 
Samoa?  
Answer:  
- Produce Export Ordinance 1961; 
- Food and Drugs Act 1967; and - Health Ordinance 1959. 
Question 45 
How are domestic food and agricultural products inspected? Answer:
 
The Produce Export Ordinance 1961 allows the Director  of Agriculture to enter premises where any 
produce is grown, kept, or stored and inspect such  produce.  Inspection of some agricultural products 
may be mandated also under other legislati on relating to Health and Environment.   
There are meat inspectors and fish inspectors.  The Crops Advisory Officers also perform similar 
roles for vegetables root crops especially with p ests and diseases control whereby it has an impact on 
quality of agricultural products  for domestic consumption. WT/ACC/SAM/10 
Page 20  
 
 The Food and Drugs Act 1967 allows the Ministry of Health Environmental Health Officers (EHO) to 
inspect premises where food is processed, stored an d sold.  These premises include food processing 
factories, restaurants, supermarkets, bakeries, wholesalers and vendor stalls.  In addition to the 
premises, food for sale may also be inspected.  
The Health Ordinance Act 1959 allows EHO to insp ect food premises also in relation to sanitation, 
water supply, occupational health and safety. 
EHO conduct inspections conduct daily scheduled in spections which may include complaints lodged 
at the Ministry. 
Question 46 
Concerning Samoa's Enquiry Point:  The response  to Question 71 in WT/ACC/SAM/8 indicates 
that it is operational.  Have any notifications b een posted through the Enquiry Point?  If so, can 
examples be provided? 
Answer:
 
No notifications have been posted so far. 
Question 47 
Does Samoa have any plans to enact an official journal that publishes all announcements of 
draft legislation and their amendments and ma kes them available for public comment prior to 
adoption?   
Answer:  
Announcements of draft legislation and their ame ndments are published in the official "Savali" 
gazette. 
Question 48 Would Samoa identify which laws mandate that all SPS measures be published in the official 
journal and notified to the WTO in draft stage for public comment prior to adoption? 
We believe the action plan outlined in Table 10 is a good basis for discussion of specific 
commitments to implement the SPS Agreement by 1 January 2012.  Please see Annex 2 for our 
drafting suggestions, based on WT/ACC/SAM/9. 
Answer:
 
Changes incorporated in Annex 2. There is no law that mandates that all SPS measures be  published in the official journal and notified to 
the WTO in draft stage for public comment prior to adoption. 
The Samoa BioSecurity (Quarantine) Act will need to be amended accordingly.  WT/ACC/SAM/10 
 Page 21 
 
 
 - Trade-related investment measures 
Question 49 Paragraph 122 of WT/ACC/SPEC/SAM/4/Rev.2.  We thank Samoa for accepting this 
commitment: 
 122. [The representative of Samoa said that Samoa would not maintain any measures 
inconsistent with the TRIMs Agreement a nd would apply the TRIMs Agreement from 
the date of accession without recourse to any transition period.  The Working Party took 
note of this commitment.] 
Answer:
 
Noted. - State-trading entities Question 50 We appreciate Samoa's responses to Questio ns 75-77 in WT/ACC/SAM/8 and the new 
information that has been used to update this  section and its commitment text in the revised 
draft Working Party Report. 
We have the following drafting suggestions for the commitment text in paragraph 127 as 
follows: 
 127. The representative of Samoa confirme d that upon accession Samoa would notify 
and provide information on the activities of its new supplier of petroleum products as 
they related to the exclusive contract to s upply petroleum products to Samoa on behalf 
of the Government, in accordance with Article XVII of the GATT and the 
Understanding on that Article.  Samoa would apply its laws and regulations governing 
the trading activities of State-owned and State-controlled enterprises and other enterprises with special or exclusive privileg es and would act in full conformity with the 
provisions of the WTO Agreement, in particular Article XVII of the GATT 1994 and the Understanding on that Article and Article VIII of the GATS.  The Working Party took 
note of these commitments. 
Answer:
 
Noted.  This is fine. 
- Transit 
Question 51 Paragraph 135 of WT/ACC/SPEC/SAM/4/Rev.2:  We thank Samoa for its agreement to the 
revised commitment language.  
Answer:
 
Noted. WT/ACC/SAM/10 
Page 22  
 
 - Agricultural policies 
Question 52 Paragraph 141 of WT/ACC/SPEC/SAM/4/Rev.2:  Th e base period is not very recent, covering 
programmes in the period 1997/1998-2000/2001. 
Could Samoa describe for the Working Party Report  text what, if any, changes have occurred 
in its agricultural support programmes since that time?  
Answer:
 
Response to be provided at a later stage. 
Question 53 
Paragraph 141 of WT/ACC/SPEC/SAM/4/Rev.2:  We thank Samoa for its commitment not to 
use export subsidies in the agricultural sector.   
Answer:  
Noted. 
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME  
Question 54 
Paragraph 171 of WT/ACC/SPEC/SAM/4/Rev.2:  We  recognize that Samoa is a least developed 
country and that the TRIPS agreement has flexibiliti es designed to facilitate the accession to the 
WTO of least developed countries.  We are willin g to work with Samoa on its commitment to 
implement the WTO Agreement on TRIPS with a transition. 
- We do not agree that the commitment suggested in paragraph 171 is appropriate or 
necessary. 
- We note that assurances on the protection of intellectual property on integrated circuits 
layouts and plant varieties have been removed.  Can Samoa indicate why? 
- We remain interested in Samoa's completion of WT/ACC/9, the Checklist on the 
Implementation of the WTO Agreement on TRIPS.  We look forward to receiving this information.  Until we do, we will not be  able to suggest or evaluate commitment 
language. 
- We look forward to receiving Samoa's IPR legislation as well.  WT/ACC/SAM/10 
 Page 23 
 
 
 Answer:  
Response to be provided at the May consultation.   The WT/ACC/9 checklist will be submitted before 
the May consultation. 
VI. POLICIES AFFECTING TRADE IN SERVICES  
Question 55 
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:  
Noted. VII. TRANSPARENCY - Publication of information on trade Question 56 For its own purposes, and to stimulate economic activity and promote investment, Samoa must 
adopt a more effective method of meeting the tr ansparency requirements of WTO Agreements.  
This is particularly true in the areas of TBT and SPS where the collection of comments prior to 
enactment is an obligation. 
Samoa's ability to provide facilities for public co mment on regulations or provide traders with 
unified information points appears to us from  the information provided to be rudimentary. 
For example, in the response to Question 88 of WT/ACC/SAM/8, Samoa has indicated that the 
Ministry of Foreign Affairs and Trade has a website,  but that use of the internet in Samoa is not 
common (internet penetration is only 2 per cent) and in Samoa's view would be ineffective. 
We note, however, that other WTO Members make common use of the internet to publicize 
materials and to search for information.  Samo a's current practice, of sending publications 
directly to private sector organizations for them to comment on, would be very ineffective in 
opening its regulatory review process (not to  mention collecting comments on SPS and TBT 
draft technical regulations) to interested parties in other WTO Member countries.  The same is 
true for notices published in  the local newspaper. 
We would like to learn more about Samoa's current process for accepting and reviewing 
comments on draft regulations. 
- Does current legislation require that the G overnment collect or respond to comments 
submitted?  In the areas of SPS or TBT? 
- How are final regulations notified in Samoa? WT/ACC/SAM/10 
Page 24  
 
 Answer:
 
Response to be provided at a later stage.   
Question 57 
In order to deal with its transparency obligations, we recommend that Samoa consider 
establishing a unified publication policy, enquiry point and/or website where regulations on all 
WTO issues routinely would be published prio r to implementation for public review and 
comment.  Such a facility would help Samoa implement its other commitments, and represent a 
major reform breakthrough. 
To initiate the discussion of how Samoa might move towards improving this situation, and 
thereby take a great step forward towards a tr uly transparent and accessible regulatory review 
mechanism that will improve the economic envi ronment, we offer draft commitment language 
for Samoa's consideration and lo ok forward to its comments. 
 171. [The representative of Samoa confir med 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, regulation, judicial decision 
administrative rulings 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, regulations and other measures would include the effective date of these measures a nd 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, indivi duals and enterprises, dedicated to the 
publication of all regulations and other measu res pertaining to or affecting trade in 
goods, services, and TRIPS prior to implem entation, and that Samoa intended to 
provide a reasonable period, e.g. no less th an 30 days, for comment to the appropriate 
authorities of Samoa before such measures are implemented, except for those 
regulations and other measures of general a pplication involving national emergency or 
security, or for which the publication would impede law enforcement or be otherwise 
contrary to the public interest or prejudice the commercial interests of particular enterprises, public or private.  Samoa intende d to implement this facility as soon as 
possible, and within the timeframe of its other WTO commitments. The Working Party 
took note of this commitment.] 
Answer:
 
Response to be provided at a later stage.  
VIII. TRADE AGREEMENTS 
Question 58 
Paragraph 196 of WT/ACC/SPEC/SAM/4/Rev.2:  We appreciate Samoa's acceptance of the 
commitment. 
Answer:  
Noted.  WT/ACC/SAM/10 
 Page 25 
 
 
 Annex 1:  Redrafted Combined Subsidy Sections  
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS  
- Industrial policy, including export and other subsidies 
99. The representative of Samoa said that Samoa did not apply any prohib ited subsidies.  His 
Government had abolished the Export Financing Facility on 31 December 1997, as part of the 
liberalization of the financial system and in lin e with the 1994 Central Bank of Samoa Act 1994 - the 
Export Financing Facility offered a 3 per cent margin  of interest rate on loans to finance exports; 
under the Facility, commercial banks could offer loan s at an interest of 9 per cent instead of 
12 per cent as per normal interest rate.  Local banks made financing available to exporters at market 
interest rates and the Government did not provide any kind of support to Samoa's exporters.  [moved 
from previous section] 
100. Samoa operated an import duty drawback scheme administered by the Customs Department.  
Duty drawback was regulated by the Customs Act 1977, Sections 166-168, and the 1986 Customs 
Regulations 1986 - Regulations 68-71 -, and subject to strict compliance requirements, including prior 
notification, inspection/examination, shipment and ex port certification, entry, and claim.  To prevent 
claims on products sold on the domestic market, Sa moa's duty drawback regulations provided for 
inspection and certification of shipments at the time  of export before clearance of the claim for duty 
drawback.  Penalties for violation of duty drawback regulations were laid down in the Customs Law.  
[moved from previous section] 
102. The representative of Samoa said that Samoa's industrial policy aimed at stimulating private 
sector competition and domestic and foreign investme nt through liberalization.  He noted that the 
1999 amendments to the Enterprises Incentives and Export Promotion Act 1992/1993 had not 
eliminated all import duty and income tax exemptio ns granted on the basis of export performance.  
Special benefits in the form of income tax holid ays, tax holidays on dividends, and exemptions from 
customs and excise duties granted to five enterp rises which exported 95 per cent of their production 
had been grandfathered.  Most of these benefits had expired.  Only one company, Yazaki Samoa 
Limited, was still eligible to tax holidays until 8 No vember 2009 and to custom s and excise benefits 
until 11 July 2010 (see also the section "Investment Regime").  He confirmed that none of these incentives were contingent upon local content requirements.   
103. He added that duty concessions were grante d for hotels and other development projects under 
the Customs Amendment Act 2007.  Applications fo r duty concessions had to be submitted to the 
Ministry of Commerce, Industry and Labour.  The concessions were granted only for the capital 
goods required for the establishment of the project.  A pplicants were required to provide a list of such 
capital goods.  The concessions ceased once the qu antity and value approved for the development 
project had been exhausted.  He noted that the criteria to benefit from duty concessions under this 
scheme were being revised.  He confirmed that th ere were no other subsidy programmes.  No public 
sector enterprises were entitled to subsidies or preferred credit arrangements. 
104. A Member noted that the incentives gra ndfathered under the Enterprises Incentives and 
Export Promotion Act were prohibited subsidies und er Article 3 of the Subsidies and Countervailing 
Measures Agreement.  Asked whether all prohib ited subsidies would be eliminated with the 
expiration of the incentives grandfathered under th e Enterprises Incentives and Export Promotion Act, 
the representative of Samoa confirmed that his G overnment did not intend to renew these incentives. 
101. [moved from previous section]  The representativ e of Samoa confirmed that [from the date of 
accession, ] [from 31 July 2010,]
 Samoa would not maintain any subsidies, including export 
subsidies, which met the definition of a prohibited su bsidy contained in Article 3 of the Agreement on WT/ACC/SAM/10 
Page 26  
 
 Subsidies and Countervailing Measures.  Benefits based on existing laws woul d not be granted after 
that date and Samoa would not introduce any ot her such prohibited subsidies from the day of 
accession.  [moved from previous section]He furthe r confirmed that any programmes that granted 
subsidies would be administered in line with  the Agreement on Subsidies and Countervailing 
Measures and that all necessary information on notifiable programmes would be notified to the 
Committee on Subsidies and Countervailing Measur es in accordance with Article 25 of the 
Agreement upon entry into force of Samoa's Protocol  of Accession.  The Working Party took note of 
this commitment.]  WT/ACC/SAM/10 
 Page 27 
 
 
 Annex 2:  Redrafted SPS Section Commitment 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS - Sanitary and Phytosanitary Measures 
We suggest the following incorporation of the Action Plan into commitment text in 
WT/ACC/SPEC/SAM/4/Rev.2, and, as noted, improveme nts in the specificity of the action plan, as 
follows: 
119. He added that achieving compliance with the requirements of the SPS Agreement was a 
complex task and further work needed to be  undertaken to ensure compliance with the 
SPS Agreement.  While the Quar antine (Biosecurity) Act 2005 ma ndates a risk based approach 
consistent with principles of SPS Agreement, ther e were no regulations to implement the specific 
provisions of the WTO Agreement on SPS and its annex es.  In light of the legal, infrastructural, 
financial and technical constraints faced by Samoa, Samoa was accordingly seeking a transition 
period as outlined in the detailed action plan for the gradual implementation of the SPS Agreement 
reproduced in Table 8.  The transition period was n ecessary to permit the adoption of legislation, train 
staff and ensure that Government officials and stakeholders had a good k nowledge and understanding 
of SPS legislative requirements, to create the a ppropriate additional institu tions and facilities for 
transparency, risk assessment, and the determinati on of equivalence, and ma ke sure that control 
inspection and procedures were fully operational.   
He stressed the necessity for his Government to re ceive adequate technical assistance to ensure the 
proper implementation of the Agreement 
120. In response to a Member who noted that the es tablishment of an enquiry point was a key part 
of the transparency obligations under Article 7, A nnex B of the SPS Agreement, and that the enquiry 
point should be up and running at the time of accessi on, the representative of Samoa said that Samoa's 
national SPS enquiry point was already operational.  The enquiry point had been established within 
the Ministry of Agriculture and Fisheries:  
Mr Pelenato Fonoti 
Assistant Chief Executive Officier 
Ministry of Agriculture and Fisheries Apia, SAMOA Email:  ACEO@samoaquarantine.gov.ws Tel:  (685) 20924 Fax:  (685) 20103 
120bis. The representative of Samoa requested that th e Working Party grant a transitional period from 
the date of its accession until 1 January 2012 for im plementation of the WTO Agreement on Sanitary 
and Phytosanitary Measures to allow Samoa to obtain and utilize technical assistance to fully 
implement the obligations of the Agreement.  Duri ng this period, existing measures would be applied 
on a non-discriminatory basis, i.e., providing for nati onal treatment and MFN treatment to all imports.  
Measures in place already consistent with the provisions of the Agreement on Sanitary and 
Phytosanitary Measures would not be subject to tr ansitions.  Samoa would ensure that any changes 
made in its laws, regulations and practice during the transition period would not result in a lesser 
degree of consistency with the provisions of the Ag reement than existed on the date of accession.  
If necessary, any SPS standards, technical regulati ons and conformity assessment procedures adopted 
during the transition period would be  developed in conformity with the provisions of the Agreement, 
including publication prior to implementation to allow interested parties the opportunity for review 
and comment as provided for in the Agreement.  Ot herwise accepted international standards would be WT/ACC/SAM/10 
Page 28  
 
 adopted.  Priority would be given to the estab lishment of a functioning enquiry point and the 
notification of all of Samoa's SPS measures to the Committee on Sanitary and Phytosanitary 
Measures.  Samoa would review its existing requi rements in light of its obligations under the 
Agreement.  He stressed the importance of technical assistance to be provided during the period of transition, including under Article 9 of the SPS Ag reement, and added that Samoa would seek out all 
available technical assistance to ensure that its  capacity to implement the SPS Agreement upon 
expiration of the transition period  was assured.  Samoa would fully participate in the work of the 
Committee on Sanitary and Phytosanitary Measures.  He drew the attention of Members to the Action 
Plan in Table 8, setting out details of the steps that still remained to be taken in order to achieve this 
objective and a timetable for each step. 
Table 10:  Action Plan for the Implementation of the SPS Agreement
 
Action Timeframe and Comments 
Parliamentary passage of Quarantine (Bio security) 
Act 2005. Completed. 
Introduction of new standards, animal health 
regulations and food safety regulations in 
conformity with the SPS Agreement principles. The introduction of new standards and regulations 
follows the principles set out in the Biosecurity Act 
and is based on risk analysis. 
Further development of quarantine website, www.samoaquarantine.gov.ws
 to improve 
notification and access to documentation. Improve input of data and the operation of the website.  
Technical assistance to assi st in further operational 
improvement of website, for it  to be in good order by 
June 2009. 
Measures are applied only to the extent necessary to protect human, animal or plant health and 
regulations governing animal and plant health and 
food safety shall be based on scientific evidence. The Quarantine (Biosecurity) Act 2005 mandates a 
risk based approach consistent with principles of 
SPS Agreement. 
To the extent possible, Members shall follow 
international standards, guidelines, and 
recommendations in establishing SPS measures. Samoa participates in the development of international 
standards (e.g. plant standards under IPPC through the 
Pacific Plant Protection Organisation) and follows 
international standards and guidelines in the development of national standards. 
Equivalence:  Members shall recognize different 
measures that achieve the same level of protection. The Quarantine (Biosecurity) Act 2005 mandates a 
risk based approach consistent with principles of 
SPS Agreement.  Samoa has b een flexible with this 
principle and uses it to facilitate trade without 
compromising Quarantine. 
Contact for SPS and administrative proced ures: Assistant Chie f Executive Officer 
Quarantine Division 
Ministry of Agriculture 
Email:  CEO@samoaquarantine.gov.ws Tel:  (685) 20924 
Fax:  (685) 20103 
Enquiry point is now functional. 
Establishment of enquiry officer with MAF Training of enquiry officer with MAF: 
 
Head of Quarantine Ministry of Agriculture 
Email:  CEO@samoaquarantine.gov.ws 
Tel:  (685) 20924 Fax:  (685) 20103 Established. 
 
Ongoing training with capaci ty required expected to 
be achieved by July 2009.  Technical assistance has been sought from New Zealand and Australia. 
Quarantine  WT/ACC/SAM/10 
 Page 29 
 
 
 Action Timeframe and Comments 
Establishment of implementing regulations, 
including control, inspection and approval procedures. The Quarantine (Biosecurity) Act 2005 is  flexible.  It 
already provides a mandate for administrative procedures outlining control, inspection and approval 
procedures, following the principles of the 
SPS Agreement. 
 
Implementing Regulations to be formally established January 2012. 
Further identification of regulations necessary for 
giving full effect to the Act (if any). Section 69(1) allows for the making of Regulations for 
such matters which are necessary for giving full effect 
to the Act.  
Identify regulations by December 2009. 
Draft of Regulations. 
  
Passage of Regulations. July 2010 (in line with the achievement of the 
Quarantine Performance Measures).  
December 2010.  
Upgrade and strengthen facilities and equipment.  
(Require x-ray machines, mo re disposal / treatment 
facilities, new replacement of existing old 
machines, strengthen fumigation mechanisms, IT 
support systems - computers, etc.) The most basic facilities and equipment are in place.  
Technical assistance has been sought from New Zealand and Australia.  
 
Upgraded facilities in  place by January 2012.  
Development of manuals.  Printing of forms, 
brochures, etc. (SPS specific). Operational manuals and procedures to be ready by 
January 2012.  
Include National Awareness Workshop on SPS. September 2009. 
June 2010. 
June 2011. 
January 2012. 
Technical assistance to be sought by July 2009 to commence awareness progra mmes. To be conducted 
annually. 
SPS specific intensive training of at least 
15 quarantine officials. July 2010. 
October 2011. Technical Assistance to be sought by December 2009. 
National awareness programmes on 
SPS implementation (to include customs officers, 
private sector people and civil society). By July 2010 (Capacity achievement to be achieved 
by these dates).  In line with performance measure 
target to complete.  
By July - December 2009.  
By July 2010 - December 2011  (Capacity achievement 
to be achieved by these dates). 
Full implementation. By  1 January 2012.  In line with performance measure 
target to complete. 
 
120ter. The representative of Samoa confirmed that  Samoa would implement progressively the 
provisions of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures within 
the timetable provided for in Table 8, and would en sure full implementation of  the Agreement no later 
than 1 January 2012, and with the understanding that  during this period the scope of implementation 
of other aspects of the Agreement, as described in paragraph 120 bis would be applied by Samoa.   He 
further confirmed that Samoa would consult with WTO Members upon request if they deemed that 
any measures applied during the transition period aff ected their trade negatively.  The Working Party 
took note of these commitments.   
 
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