WORLD TRADE  
ORGANIZATION  RESTRICTED 
WT/ACC/SAM/21 
31 May 2011 
 (11-2743) 
Working Party on the 
Accession of Samoa Original:   English 
 
 
 
ACCESSION OF SAMOA 
 
Additional Questions and Replies 
 
 
 The following submission, dated 11 April 2011, is being circulated at the request of the Government of Samoa.  
_______________ 
  WT/ACC/SAM/21 
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 TABLE OF CONTENTS 
II.  ECONOMIC POLICIES .......................................................................................................... 1  
-  Foreign Exchange and Payments ............................................................................................ 1  
-  Investment Regime.............................................................................................................. ...... 1 
-  State Ownership and Privatization;  State-Trading Entities ................................................ 2  
-  Pricing Policies .............................................................................................................. ............ 4 
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES ...................................... 4  
IV.  POLICIES AFFECTING TRADE IN GOODS ..................................................................... 4  
-  Trading Rights ................................................................................................................ .......... 4 
A.  IMPORT REGULATIONS ...................................................................................................... 7  
-  Other duties and charges ...................................................................................................... .... 7 
-  Tariff rate quotas, tariff exemptions ....................................................................................... 7  
-  Fees and charges for services rendered ................................................................................... 8  
-  Application of internal  taxes to imports ................................................................................. 8  
-  Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ....................................................................................................................... .............. 10  
-  Customs valuation ............................................................................................................. ...... 16 
-  Rules of origin ............................................................................................................... .......... 18 
-  Other customs formalities ..................................................................................................... . 19 
-  Pre-shipment inspection ....................................................................................................... .. 19 
-  Anti-dumping, countervailing duties, safeguard regimes ................................................... 19  
B.  EXPORT REGULATIONS ................................................................................................... 20  
C.  INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS ......................... 20  
-  Industrial Policy, including export subsidies ........................................................................ 20  
-  Technical barriers to trade, standards and certification ..................................................... 20  
-  Sanitary and phytosanitary measures ................................................................................... 21  
-  Trade-related investment measures ...................................................................................... 24  
-  Free zones, special economic areas ........................................................................................ 24  
-  Transit ....................................................................................................................... ............... 24  
-  Agricultural policies.......................................................................................................... ...... 25 
V.  TRADE-RELATED INTELLECTUAL  PROPERTY REGIME ....................................... 25  
-  GENERAL ....................................................................................................................... ........ 25 
-  Industrial property protection ............................................................................................... 25 
-  Participation in international intellectual property agreements ........................................ 26  
-  SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS ........................................................................... 26  WT/ACC/SAM/21 
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 -  Trademarks, including service marks ................................................................................... 26  
-  Geographical indications, including appellations of origin ................................................. 26  
-  Patents ....................................................................................................................... ............... 28  
-  Requirements on undisclosed information, in cluding trade secrets and test data ............ 29  
-  MEASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY 
RIGHTS ........................................................................................................................ ........... 29  
-  ENFORCEMENT ...................................................................................................................  29 
VI.  POLICIES AFFECTING TRADE IN SERVICES .............................................................. 30  
VII. TRANSPARENCY ................................................................................................................. 30 
-  Notifications ................................................................................................................. ............ 31  
VIII. TRADE AGREEMENTS ....................................................................................................... 31  
CONCLUSIONS ................................................................................................................... ............... 31   WT/ACC/SAM/21 
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 II. ECONOMIC POLICIES 
- Foreign Exchange and Payments  Question 1 On paragraph 15:  We thank Samoa for this commitment. 
Answer: 
Noted. 
- Investment Regime 
Question 2 Paragraph 16 confirms that the incentives conf erred by the Enterprises Incentives and Export 
Promotion Act 1992/1993 had been eliminated.  Could Samoa indicate when the last of these 
measures was eliminated? 
Answer: 
The last was eliminated on 11 July 2010. 
Question 3 
Samoa has provided a copy of the draft Foreign Investment Amendment Bill (FIAB).  What is 
the current legislative status of this bill?  Do cument WT/ACC/SAM/17 stated that the Bill had 
been expected to be tabled prio r to the elections on 4 March 2011.  Did that happen?  Is it still 
expected that the Bill will be passed by the end of 2011? 
Answer: 
The revised Foreign Investment Amendment Bill 2011 and the Foreign Investment Regulations 2011 
have been submitted to the Working Party.  The Bill is expected to  be passed by the end of 2011 as 
indicated in the Legislative Action Plan, also submitted to the Working Party. 
Question 4 
On the draft FIAB:  The Bill states that its provisions do not apply to - trustee companies licensed under the Trustee Companies Act 1987; 
- international companies or foreign co mpanies registered under the International 
Companies Act 1987; 
- international insurance companies licensed  under the International Insurance Act 1988; 
- international banks licensed under the International Banking Act 2005;  or - to any successor legislation of these Acts. 
Why is this so?  For what purpose were the companies and business sectors covered by this act 
exempted from the FIAB? WT/ACC/SAM/21 
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 Answer: 
The provisions do not apply to these companies as th ey are registered as offshore companies under the 
Samoa International Finance Authority (SIFA), have no physical presence in Samoa and the confidentiality nature of their operations as protected  under the provisions of the stated legislation. 
Question 5 
Schedule 1 of the draft FIAB lists "Retail sale of  beverages not consumed on the spot including 
retailing services of non-alcoholic or alcoholic be verages" as a service restricted to Samoan 
citizens.  This appears to exempt r estaurants and bars.  Please confirm. 
Answer: 
The retail sale of beverages in restaurants and bars is exempted. 
Question 6 What is "nonu"? 
Answer: 
Nonu, scientifically known as morinda citrifolia , is a tropical fruit processed as juice for many folk 
remedy uses. 
Question 7 For a number of services, Schedule 2 of the draft FIAB appears to apply restrictions to services 
schedules included in Samoa's offers to date in bilateral services negotiations, e.g., engineering, 
management and consultancy. 
Please clarify which provisions contemplated for the Reserved and Restricted lists of Activities 
in the FIAB are likely to aff ect Samoa's services commitments. 
Answer: 
No provisions of the FIAB will affect Samoa's ser vices commitments.  Please refer to the revised 
Foreign Investment Amendment Bill 201 1 submitted to the Working Party. 
- State Ownership and Privatization;  State-Trading Entities 
Question 8 
We thank Samoa for clarifying in paragraph 30 the conditions of competition between the state 
owned ASC and Farm Supplies and the other privately owned competitors.  We suggest conforming edits to paragraph 31, along the following lines: 
31.  Some Members of the Working Party asked whether the sought clarification 
concerning the "duopoly" of the State-owned ASC and its privately owned Farm 
Supplies counterpart, and whether those enterp rises enjoyed a privileged selling position 
for the sale of pesticides and other agricultural chemicals in Samoa.  In particular, those 
Members sought confirmation whether ther e was any legal or policy impediment to 
additional firms entering the market to se ll the same products to Samoan farmers.   WT/ACC/SAM/21 
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 In response, the representative of Samoa stated that there was no legal or policy 
impediment to additional firms seeking to enter the market to sell pesticides and other 
agricultural chemicals in Samoa.  In response to a further question, the representative of 
Samoa stated that it was expected that the ASC would be privatised in 2011 . 
Answer: 
Samoa accepts the suggested paragraph w ith the amendment as indicated below: 
31.  Some Members of the Working Party asked  whether the privately owned Farm Supplies 
enjoyed a privileged selling position for the sale of  pesticides and other agricultural chemicals 
in Samoa.  In particular, those Members sought  confirmation whether there was any legal or 
policy impediment to additional firms enteri ng the market to sell the same products to 
Samoan farmers.  In response, the representativ e of Samoa stated that there was no legal or 
policy impediment to additional firms seeking to  enter the market to sell pesticides and other 
agricultural chemicals in Samoa.  In respon se to a further question, the representative of 
Samoa stated that it was expected that the ASC would be privatised by June 2012. in 2011. 
Question 9 
We note that in paragraph 31 Samoa still indica tes that privatization is "expected" in 2011.  
Please identify what steps have been  taken to actually privatize ASC? 
Answer: 
As earlier advised, the privatisation of the ASC was going to take place after the complete 
privatisation of SamoaTel.  This was complete d on 31 March 2011.  The process to privatize ASC 
will commence in the new financial year 2011/2012 a nd is targeted to be completed by June 2012.  
Question 10 
We also suggest that, for clarity, paragraph 33 be expanded as follows: 
33.  […]with the exception of those activities reserved for local citizen s, i.e., saw-milling, 
retailing, rental cars, buses and taxis as listed in Schedule 2 of the Foreign Investment 
Amendment Bill.  He further confirmed […] 
Answer: 
The suggestion is acceptable. 
Question 11 
On paragraph 37:  We thank Samoa for this commitment. 
Answer: 
Noted. 
Question 12 On paragraph 38:  We seek Samoa's acceptance of this commitment and the removal of the 
brackets. WT/ACC/SAM/21 
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 Answer: 
Samoa accepts this commitment.  The brackets can be removed. 
- Pricing Policies 
Question 13 On paragraph 40:  We thank Samoa for this commitment. 
Answer: 
Noted. 
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
Question 14 On paragraph 52:  We thank Samoa for this commitment. 
Answer: 
Noted. 
Question 15 
On paragraph 56:  We thank Samoa for this commitment. 
Answer: 
Noted. 
IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights  Question 16 On paragraph 60:  We suggest the following clarification:  60. […]Overseas registered businesses were required to attach a Certificate of 
Incorporation to their application and, Sam oan companies with foreign shareholding, a 
Foreign Investment Certificate (FIC). […] 
Answer: 
We suggest the deletion as below to clarify: 
 60. […]Overseas registered businesses were require d to attach a Certificate of Incorporation 
to their application and, Samoan companies with foreign shareholding, a Foreign Investment 
Certificate (FIC). […]  WT/ACC/SAM/21 
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 Question 17 
We thank Samoa for the updates to paragraph 58 and for providing the draft legislation 
separating the act of importation from that of di stribution of alcoholic beverages.  What is the 
status of this legislation?  Please indicate Samoa's plans for enacting and implementing it. 
Answer: 
The final draft of the Liquor Bill was submitted to Parliament in October 2010.  Given that there was 
going to be one more sitting of Parlia ment before its dissolution, the B ill was not tabled to ensure that 
the Bill could be read at three separate sittings of Parliament in accordance with the process set out in 
the Constitution. 
Following the general elections held in March 2 011, the new Parliament of Samoa has since been 
sworn-in.  The Liquor Bill is now expected to be tabl ed at the next available sitting of Parliament and 
be passed before the end of 2011, as i ndicated in the Legislative Action Plan. 
Question 18 
On paragraph 61:  We suggest the following clarification and confirmation from Samoa:  61. […]Article 6 of the Business Licenses Act 1998 required traders to indicate an 
address (place of business) in their applicat ion for a business licence, but it did not 
necessarily need to be a Samoan address.  Th e holding of a foreign investment certificate 
was not a prerequisite to obtain a busin ess licence, and foreign exporters could be 
importers of record if they had been grante d a business licence.  Only foreign firms […] 
Answer: 
Samoa agrees to the suggested clarification. 
Question 19 On paragraph 62:  We suggest that the word "activ ity" be inserted before the word "licence" in 
all appropriate instances, to ensure it is distin guished from business licenses or import licenses 
on goods, and that the word "liquor" be adde d prior to "retailer" in the last sentence. 
Answer: 
Samoa agrees with the suggestion to insert the word  "activity" before "licence "in all appropriate 
instances. 
Samoa suggests the following to ensure that the la st sentence of paragraph 62 is not misleading or 
misinterpreted to mean that a person who holds a liquor retailing licence need not apply for a separate 
importer's licence should they wish to import: 
 62.  …He confirmed that a person could apply for a liquor retailer's licence independently of a 
licence to import;  and vice versa. 
Question 20 
On paragraph 63:  Please clarify in the first sentence, is it true that importers in general do not 
need to be residents of Samoa, or is it only importers of goods not requiring an activity licence? WT/ACC/SAM/21 
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 Answer: 
Importers in general need not be resident in Samo a.  Importers of liquor must hold a valid business 
licence unless applying for a temporary liquor licence (i.e. to import and/or sell liquor on a temporary basis). 
Question 21 
On paragraph 64:  Please update the legislative status of the Liquor Bill. Answer: 
Please refer to the answer to Question 17 above.  The Liquor Bill was submitted to Parliament in 
October 2010 with adoption still e xpected by the end of 2011. 
Question 22 
On paragraph 65:  This is a critical commitment paragraph and it has been altered in a manner 
that makes it unclear as to what activity is being addressed.  It states:  What is the difference between "distribute" and "sell liquor locally ?" Are we discussing the difference between 
wholesale distribution of liquor and retail distribu tion to consumers?  This needs to be made 
clear. 
Answer: 
The words "distribute" (fourth sentence) and "se ll" (fifth sentence) are used interchangeably.  
However, we do understand the need for clarification. 
We suggest paragraph 65 be re-arranged, as c ontained in the response to Question 23 below. 
Question 23 
On paragraph 65:  In addition, we seek confirma tion in the commitment of the right of foreign 
firms and individuals to be importers of record, i.e ., to obtain an import activity licence without 
investing in Samoa.  In this regard, we propos e to insert language identical to what already 
exists on this point in the second sentence of paragraph 63: 
65.  The representative of Samoa confirmed th at under the draft Liquor Bill, the act of 
importation would be separated from the act of distribution.  Any person could apply to 
be an importer of liquor.  A valid business licence was required for all types of licence 
applications, except applications for temp orary liquor licences.  A temporary licence 
allowed the holder to import and distribute li quor.  If a liquor importer wished to sell 
liquor locally, the relevant licence 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 and that both foreign and 
domestic firms, including sole proprietors reg istered but not invested in Samoa, could be 
import agents for the delivery of imported goods and importers of record.  The Working 
Party took note of these commitments.  WT/ACC/SAM/21 
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 Answer: 
Samoa agrees to the additional wording proposed.  Taking into consideration also the clarification 
requested in Question 22, we propose the following: 
 65.  The representative of Samoa confirmed that under the Liquor Bill 2011, the act of 
importation would be separated from the act of distribution or selling.  Any person could 
apply to be an importer of liquor.  If a li quor importer wished to sell liquor locally, the 
relevant licence needed to be obtained separa tely.  A valid business licence was required for 
all types of licence applications, except applications for temporary licenses.  A temporary licence allowed the holder to import and sell liquor on a temporary basis.  The representative of Samoa further confirmed that there was no requi rement for an applicant to be established in 
Samoa in order to obtain an import licence and that both foreign and domestic firms, 
including sole proprietors regist ered but not invested in Samoa, could be import agents for the 
delivery of imported goods and importers of record.  The Working Party took note of these 
commitments. 
Question 24 
On paragraph 65:  We seek Samoa's a cceptance of this revised commitment. 
Answer: 
Samoa accepts the commitment in paragraph 65, as contained in the response to Question 23 above. 
Question 25 
On paragraph 66:  We seek Samoa's acceptance of this commitment. 
Answer: 
Samoa accepts the commitment in paragraph 66.  The brackets can be removed. 
A. IMPORT REGULATIONS 
- Other duties and charges Question 26 On paragraph 71:  We thank Samoa for this commitment. 
Answer: 
Noted. 
- Tariff rate quotas, tariff exemptions 
Question 27 On paragraph 73:  We thank Samoa for this commitment. 
Answer: 
Noted. WT/ACC/SAM/21 
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 - Fees and charges for services rendered 
Question 28 On paragraph 77:  We can accept either December 2011 or "date of accession" in this 
commitment.  We seek Samoa's acceptance of the revised commitment. 
Answer: 
 77.  …He further confirmed that Samoa's fees for the licensing system for pesticides would be 
applied in conformity with WTO rules, including Article VIII of the GATT 1994, as from the 
date of accession. 
- Application of internal taxes to imports 
Question 29 
We appreciate Samoa's wish to avoid additional paperwork for its small farmers.  We remain 
concerned, however, to ensure to the extent po ssible that larger commercial farmers are not 
exploiting this exemption and thereby discriminati ng against imported goods.  We seek Samoa's 
help in bridging the remaining gap on this issue in a manner that will address all concerns. 
Could Samoa state categorically that its primary producers exempted from VAGST are, in all 
cases, small producers whose output falls fa r short of the SAT 78,000 minimum for VAGST 
eligibility? 
Answer: 
Primary producers exempted from VAGST are, in all cases, small subsistence producers.  These are 
producers that sell their produce at the local market and are not required to keep account of their turnover.  The proposed study by Samoa to look at th is issue will take into consideration the concerns 
by WTO members. 
Question 30 
Is Samoa prepared to ensure that any primary producer clearing more than SAT 78,000 in 
trade turnover per annum would be subject to VA GST application, and will not be eligible for 
the exemption? 
Answer: 
Samoa is prepared to ensure that the concerns of WTO memb ers will be addressed through the 
proposed detailed analysis of Samoa's domestic agricultural sector with respect to the VAGST exemption.  Based on that analysis, Samoa would eliminate or amend Section 15 of the 
VAGST Act 1992/1993 to bring Samoa's tax treatment  of imported and domes tic primary products 
into conformity with WTO provisions.  WT/ACC/SAM/21 
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 Question 31 
If appropriate assurances can be inserted in  the Draft Working Party Report text, we are 
prepared to accept the longer transition.  We su ggest the following amended text based on the 
responses provided by Samoa in document WT/ACC/SAM/17: 
 83.  The representative of Samoa confirmed that its primary producers eligible for 
exemption from the VAGST were, in all cases, small producers whose trade turnover 
fell short of SAT 78,000, the threshold applie d to small businesses that did not pay 
VAGST.  He also confirmed that his Government would ensure that any primary 
producers whose turnover per a nnum exceeded the threshold would not be eligible for 
the exemption from VAGST.  In addition, he confirmed that Samoa would request the 
assistance of the FAO as well as other development partners in undertaking a detailed 
analysis of Samoa's domestic agricultural sector with respect to the VAGST exemption 
and based on that analysis would eliminat e or amend Section 15 of the VAGST Act 
1992/1993 to bring Samoa's tax treatment of imported and domestic primary products 
into conformity with WTO provisions within [three years] [five years] of accession.  
At the end of this period, Samoa would report to the General Council of the WTO on 
the amendment or elimination of this tax exemption.  The Working Party took note of these commitments. 
Answer: 
Refer to the response to Questions 29 and 30 .  We suggest the following paragraph 83: 
 83.  The representative of Samoa confirmed that  its primary producers eligible for exemption 
from the VAGST were, in all cases, small subsiste nce producers.  He also confirmed that the 
proposed detailed analysis of Samoa's domestic  agricultural sector with respect to the VAGST 
exemption will address the concerns of WTO Members and based on that analysis, his Government would eliminate or amend S ection 15 of the VAGST Act 1992/1993 to bring 
Samoa's tax treatment of impor ted and domestic primary products  into conformity with WTO 
provisions within five years of accession.  At the end of this period, Samoa would report to 
the General Council of the WTO on the amendment or elimination of this tax exemption.  
The Working Party took no te of these commitments. 
Question 32 
On paragraph 83:  We seek Samoa's a cceptance of this revised commitment. 
Answer: 
Please refer to the response to Question 31. 
Question 33 
On paragraph 88:  We thank Samoa for this commitment. 
Answer: 
This commitment should reflect the co mmitment contained in paragraph 83. WT/ACC/SAM/21 
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 - Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
- Import Ban on Used Vehicles Older than 12 years Question 34 We thank Samoa for accepting the principles la id out in the text proposed in document 
WT/ACC/SAM/17. 
Answer: 
Noted. 
Question 35 
We ask that Samoa accept a transition of five ye ars from the date of accession in paragraph 95 
and for the commitment in paragraph 96: 
95.  The representative of Samoa said that his Government would require a long 
transition period of five [six to eight][two] years to phase out the current import 
prohibition, in light of the work that was required to develop the new system together 
with the necessary legislative changes to ensure WTO consistency.  Samoa would 
require technical and financial assi stance to develop this system. 
96.  The representative of Samoa confirmed that within five [six to eight][two] years of 
accession Samoa would establish a nation-wide vehicle safety inspection system for 
automobiles older than 12 years that would require the suspension of the vehicle's right to use public roads if the criteria of the inspection were not met.  From the same date, Samoa would repeal its current import ban on  vehicles older than 12 years and replace 
it with a non-automatic import licence that enforced inspection of imported vehicles 
older than 12 years to the same standards.  Importation would be denied only to those 
vehicles that could not meet the mandated safety and environment requirements.  
The Working Party took note of this commitment. 
If it develops that Samoa needs more time, it  can return to the WTO Council and seek a waiver, 
after demonstrating progress made in the period  towards the fulfilment of the commitment. 
Answer: 
Samoa accepts the proposed paragraph 95 and the co mmitment in paragraph 96 of a transition period 
of five years.  We welcome that Samoa, if need be, is able to return to the WTO General Council and 
seek a waiver after demonstrating progress made towards the fulfilment of the commitment.  
We would like this to be reflected in the commitment paragraph 96. 
 95.  The representative of Samoa said that his Government would require a long transition 
period of five years to phase out the current impor t prohibition, in light of the work that was 
required to develop the new system together with  the necessary legislative changes to ensure 
WTO consistency.  Samoa would require techni cal and financial assistance to develop this 
system. 
 96.  The representative of Samoa confirmed that within five years of accession Samoa would 
establish a nation-wide vehicle safety inspection system for automobiles older than 12 years 
that would require the suspension of the vehicle's right to use public roads if the criteria of the 
inspection were not met.  From the same date , Samoa would repeal its current import ban on  WT/ACC/SAM/21 
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 vehicles older than 12 years and replace it with a non-automatic import licence that enforced 
inspection of imported vehicles older than 12 year s to the same standards.  Importation would 
be denied only to those vehicles that could not meet the mandated safety and environment requirements.  If it develops that Samoa need s more time, it can return to the WTO Council 
and seek a waiver, after demonstrating progress ma de in the period towards the fulfilment of 
the commitment.  The Working Party took note of this commitment. 
Question 36 
On paragraph 96:  We seek Samoa's a cceptance of this revised commitment. 
Answer: 
Please refer to response in Question 35. 
- Import Ban on Left-Hand Drive (LHD) Vehicles Question 37 We appreciate Samoa's additional confirmation  that left-hand drive vehicles are still allowed 
for special circumstances, but there are other aspects of the revised text that we would like to see elaborated, along the following lines: 
We need clarification in the text of the Draft Working Party Report that such vehicles are still 
permitted to be driven under certain circumstan ces.  This information was provided in the 
responses to Questions 33 and 34 in WT/ACC/SAM/ 17.  We suggest including some of this 
description in paragraph 98. 
Answer: 
Samoa agrees to include some of the relevant in formation in the text of the Draft Working Party 
Report. 
Left-hand drive vehicles already in Samoa when th e ban was effective were permitted to remain on 
the road provided that they complied with the annual safety inspections for all vehicles.  All left-hand 
drive and right-hand drive vehicles that do not meet the requirements are denied the warrant of fitness to operate on the roads in Samoa. 
Samoa recognises that under special circumstances,  the importation of LHD would be necessary.  
As such, the prohibition exempts specialty vehicles determined by the Minister of Revenue to be 
required for the exclusive use of Government;  and the use of the owner requiring the use of a special 
purpose vehicle for special health needs. 
Question 38 
We also suggest that the proposed commitmen t in paragraph 99 for a five year study be 
formulated in traditional WTO terms, i.e., from the date of accession, and for only two years, 
since the ban came into effect in May 2008, alrea dy providing three years for drivers to become 
accustomed to the new traffic patterns. 
Answer: 
Samoa agrees to the sugg estion.  Please refer to the response to Question 40. WT/ACC/SAM/21 
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 Question 39 
We also seek near term establishment of re gulations that legally formalize the current 
status quo conditions under which left-hand drive specialty vehicles may be used and expanding 
the scope of any current regulations to include a ll "vehicles for special circumstances related to 
specific uses where left-hand drive vehicles were not used for transportation on public roads or 
have properties, necessary for certain forms of wo rk or commerce".  We consider this a market 
access issue. 
Answer: 
Please refer to the response to Question 40. 
Question 40 
A Member supports the following redraft of paragraph 98 and its version of paragraph 99: 
 98.  The Representative of Samoa stated that the prohibition was considered necessary 
to implement the Government's policy to shi ft from left-hand drive to right-hand drive.  
Left-hand drive vehicles already in Samoa when the ban became effective were 
permitted to remain on the road provided that they complied with the required annual 
safety inspections for all vehicles.  All le ft-hand drive and right-hand drives vehicles that 
do not meet the requirements are denied the warrant of fitness to operate on the roads 
in Samoa.  Additional exceptions were in place for speciality vehicles, including those 
used for health or other special needs.  He  added that his Government was reviewing the 
prohibition on the importation of left-hand drive vehicles with a view to eventually permitting the ownership of other left-hand drive vehicles under certain circumstances. 
 99.  [The Representative of Samoa confirmed that Samoa would [change] [review] its 
current legislation [within six months of accession to the WTO] [only after five years 
since its enactment, to allow for the necessary smooth transition and implementation of 
the policy change.  The review would consider amendments to its legislation] to confirm 
that allow current owners of left-hand drive ve hicles resident in Samoa could to apply 
for a special licence to drive their previo usly registered vehicles in Samoa provided 
right-hand drive driving regulations were obs erved to protect public safety.  He also 
confirmed that [within two years of a ccession, the Government of Samoa would 
implement] [the review will also include the im plementation of] additional regulations 
for explicitly permitting the importatio n of left-hand drive vehicles for special 
circumstances related to specific uses where left-hand drive vehicles were not used for 
transportation on public roads or have pr operties, necessary for certain forms of work 
or commerce.  The Working Party took note of these commitments.] 
Answer: 
Samoa accepts the proposed re-dra ft of paragraphs 98 and 99. 
Question 41 On paragraph 99:  We seek Samoa's a cceptance of this revised commitment. 
Answer: 
Samoa accepts the revised commitment in paragraph 99.  WT/ACC/SAM/21 
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 - Import Ban on Turkey Tails 
Question 42 We appreciate the proposals made by Samoa to rep lace the ban on imports of turkey tails with a 
measure that addresses its policy goals of impr oving the general health of the Samoan 
population and is, at the same time, WTO consistent. 
Answer: 
Noted. 
Question 43 
These products were a major export of us to Sam oa prior to imposition of the ban in 2007, and 
we need a WTO consistent resolution to the situation. 
Answer: 
Please refer to the response to Question 45. 
Question 44 
We support the outlines of the proposal made by  Samoa in paragraph 103, i.e., to repeal the 
import prohibition and replace it with a on ba n on commercial distribution of turkey tails in 
Samoa and a 300 per cent tariff on any such items imported by private citizens for their own 
consumption. 
We believe however, that a total of six years to fully reform this measure, on top of the four 
years the ban has already been in place, is excessive and not approp riate.  We propose a total of 
three additional years, i.e., 12 months to put th e new laws in place and two additional years to 
prepare for tariff-only regulation of imports. 
Descriptive material on the issue should also be edited from the commitment text and placed in 
another paragraph. 
Answer: 
Samoa accepts the proposal of a total of three additional years to repeal the ban and put in place 
appropriate regulation for imports. 
Question 45 We ask Samoa to give sympathetic consider ation to the following re-drafting of the 
Draft Working Party Report text concern ing the import ban on turkey tails: 
 102.  In response, a Member of the Working Party stated that . . . that concern, and 
whether some other WTO-consistent measure co uld be used to limit consumption of this 
product, e.g., a high tariff, a non-disc riminatory ban on fatty meats, etc. 
 [102bis.  The representative of Samoa stated that the Government's broader objective 
was to discourage in general the excessive cons umption of foods with high fat content.  
In order to better promote this objective, th e most fat-intensive meat product sold in 
Samoa had been banned since 2007.  Samoa intended to address WTO Members WT/ACC/SAM/21 
Page 14  
 
 concerns, however.  The assistance of the World Health Organization and other 
development partners would be sought to undertake a detailed study during the 
transition of practical and realistic options to combat Samoa's health problems for 
Samoa's consideration.  Samoa would alter the measure during a transition period of 
[three] years after accession, replacing it at th at time with appropriate tariff regulation, 
and the recommendations from the study woul d be implemented and adopted].[mostly 
moved from paragraph 103] 
 [103.  The representative of Samoa confirmed that the Government of Samoa would 
implement less-trade restrictive measures and make the necessary legislative amendments to eventually eliminate the pr ohibition on the importation and domestic 
distribution of turkey tails and turkey tail pro ducts in Samoa.  He confirmed that within 
[three years][twelve six months] of Samoa's a ccession to the WTO, the Food and Drugs 
Act 1967 would be amended by giving power to the Minister of Health to make an order 
prohibiting the wholesale and retail sale of a product/good or class of products/goods in 
Samoa.  An Order would be drafted prohibitin g the sale of turkey tails and turkey tail 
products authorized pursuant to section 40q to commence on the same date of 
commencement of the amendment to the Food and Drugs Act 1967.  The current Prohibition Order on the Importation of turkey  tail and turkey tail products authorized 
under the Customs Act of 1977 would be revoked to allow the importation of turkey tails 
for private consumption.  An import duty of  300 per cent would be applied to turkey tail 
products entering Samoa.  All these legisl ative amendments would become effective on 
the same day.  The new measures would remain in place for an additional [two three] 
years [from the date of Samoa's accession to the WTO], in order to allow time to develop 
and implement a nation-wide programme promoting healthier diet and life style choices 
to combat the spread of obesity and diabetes., and inter alia  to discourage in general the 
excessive consumption of foods with high fa t content.  [The assistance of the World 
Health Organization and other development partners would be sought to undertake a 
detailed study of practical and realistic option s to combat Samoa's health problems for 
Samoa's consideration.] At the end of this period, e [three] years, the ban on domestic 
sales of turkey tails and turkey tail products  would be eliminated, and [it is expected 
that the recommendations from the study woul d be implemented and adopted] [replaced 
with appropriate tariff regulation].  The Working Party took note of these 
commitments.] 
 106.  [The representative of Samoa confirme d 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 exception of those subject to transition periods for their 
amendment or elimination in paragraphs [96] , [99] and [103].  With these exceptions, 
the legal authority of the Government of Samoa to restrict or prohibit importation of goods into Samoa, including that contained in the Customs Act of 1977, would be applied from the date of accession in confor mity 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 App lication of Sanitary and Phytosanitary 
Measures, Import Licensing Procedures, Safe guards, 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.]  WT/ACC/SAM/21 
 Page 15 
 
 
 Answer: 
Samoa proposes the following text: 
 102 bis.  The representative of Samoa stated that the Government's broader objective was to 
discourage in general the excessive consumption of  foods with high fat content.  In order to 
better promote this objective, the most fat-in tensive meat product sold  in Samoa had been 
banned since 2007.  Samoa intended to a ddress WTO Members concerns, however.  
The assistance of the World Health Organizati on and other developmen t partners would be 
sought to undertake a detailed study during the tr ansition of practical and realistic options to 
combat Samoa's health problems for Samoa's consideration.  Samoa would alter the measure during a transition period of three years after accession, replacing it at that time with 
appropriate tariff regulation, and the recomme ndations from the study would be implemented 
and adopted. 
 103.  The representative of Samoa confirme d that the Government of Samoa would 
implement less-trade restrictive measures and ma ke the necessary legislative amendments to 
eventually eliminate the prohibition on the importation and domestic distribution of turkey 
tails and turkey tail products in Samoa.  He  confirmed that within twelve of Samoa's 
accession to the WTO, the Food and Drugs Act 1967 would be amended by giving power to 
the Minister of Health to make an order prohibiting the wholesale and retail sale of a 
product/good or class of products/goods in Samo a.  An Order would be drafted prohibiting 
the sale of turkey tails and turkey tail produc ts authorized pursuant to Section 40q to 
commence on the same date of commencement  of the amendment to the Food and Drugs 
Act 1967.  The current Prohibition Order on the Importation of turkey tail and turkey tail 
products authorized under the Customs Act of 1977 would be revoked to allow the 
importation of turkey tails for private consumpti on.  An appropriate im port duty rate or other 
tax regulation would be applied to turkey tail products ente ring Samoa.  All these legislative 
amendments would become effective on the sam e day.  The new measures would remain in 
place for an additional two years, in order to allow time to develop and implement a 
nation-wide programme promoting healthier diet and life style choices to combat the spread of obesity and diabetes.  At the end of this period, the ban on domestic sales of turkey tails 
and turkey tail products would be eliminated and replaced at that time with appropriate tariff 
or other tax regulation, and the recommendations  from the study.  The Working Party took 
note of these commitments.  
Question 46 On paragraph 103:  We seek Samoa's a cceptance of this revised commitment. 
Answer: 
Please refer to the response to Questi on 45 and suggested paragraph 103. 
Question 47 
On paragraph 106:  We seek Samoa's acceptance of this commitment. Answer: 
Samoa accepts this commitment, noting the excepti ons in the relevant commitment paragraphs on 
left-hand drive vehicles, vehicles over 12 years old and turkey tails. WT/ACC/SAM/21 
Page 16  
 
 Question 48 
A Member welcome the removal of the import bans and suggest excise taxes rather than 
prohibitive tariffs.  
Answer: 
Somas confirms that it is looking at alternativ es for prohibitive tariffs, including excise taxes. 
- Customs valuation  
Question 49 
We appreciate Samoa's efforts to implement WT O provisions in this area.  We can accept the 
limited overall transition period requested and outlined in Table 10, but in light of developments since the last Working Party meeting, we seek a few changes to the text of the 
Table, as follows: 
Action Timeframe 
Working Party review of draft legislation necessary for 
conformity with the Agreement Prior to Accession. 
Customs Valuation Amendment Regulations 2009 
- Article 10 data confidentiality 
- Article 12 transparency Completed and Enacted 
24 August 2009 
Articles 1, 2, 3, 4, 5, 6, 7, 8, 11, 14, 15, 16, 17 to be implemented in accordance with WTO Customs Valuation Agreement Although some of the provisions of 
these Articles are included in Samoa's 
Customs Valuation Regulations 1998, 
there are some deficiencies. 
Samoa will seek technical assistance;  
recruit technical experts;  and 
commence the drafting of the amendments by end February 2011.  
Articles 9 exchange rates for determination of customs value 
Article 13 withdrawal of goods from customs on security 
pending final determination of customs value These Articles are not reflected in the 
current regulations.  Samoa will 
amend the 1998 Regulations to 
incorporate these Articles. Samoa will seek technical assistance;  
recruit technical experts;  and 
commence the drafting of the 
amendments by end February 2011.  
Drafting of amendments to Customs Valuation Regulations 
1998 to rectify deficiencies in im plementation of Articles of the 
WTO Agreement First draft to be completed by 
July 2011.  Drafts will be provided to 
the Working Party for review prior to 
the Working Party approval of the 
accession package and implemented in 
time to fully apply the WTO 
Agreement on Customs Valuation. 
Tabling of draft amendment re gulations in Parliament and 
passage September/October 2011. 
Recruitment of personnel, obta ining facilities and equipment, 
establishment of databases Partially Completed. 
To be updated by implementation of 
WTO Customs Valuation June 2012 
Updating of manuals, operating procedures Prior to June 2012. 
Printing of updated forms, broc hures etc. Prior to June 2012. 
Training of at least 20 offi cials and customs officers and 
technical assistance mission Completed.  WT/ACC/SAM/21 
 Page 17 
 
 
 Action Timeframe 
Workshops for private sector on Custom s Valuation February 2011, October 2011, 
March 2012. 
Implementation of valuation syst em in full conformity with 
WTO rules June 2012. 
 
Answer: 
A copy of Samoa's draft Customs Valuation Regulations 2011 was submitted to the Working Party.  
Table 10 is revised accordingly: 
Action Timeframe 
Working Party review of draft legislation necessary for conformity 
with the Agreement Prior to Accession. 
Customs Valuation Amendment Regulations 2009 
- Article 10 data confidentiality 
- Article 12 transparency Completed and enacted 24 August 2009. 
Articles 1, 2, 3, 4, 5, 6, 7, 8, 11, 14, 15, 16, 17 to be implemented in 
accordance with WTO Custom s Valuation Agreement Draft Samoa Customs Valuation 
Regulations 2011 is now available for comments.   
Articles 9 exchange rates for determination of customs value 
Article 13 withdrawal of goods from customs on security pending 
final determination of customs value Draft Samoa Customs Valuation 
Regulations 2011 is now available for 
comments.   
Drafting of amendments to Customs Valuation Regulations 1998 to rectify deficiencies in implementation of Articles of the WTO 
Agreement Draft Samoa Customs Valuation 
Regulations 2011 is now being provided 
to the Working Party for review. 
 Samoa would like to receive Members' 
comments by 20 June 2011 for 
consideration in the revision of the draft 
regulation.  
Tabling of draft amendment regulations in Pa rliament and passage September/October 2011. 
Recruitment of personnel, obtaining facilities and equipment, 
establishment of databases Partially Completed. 
To be updated by implementation of WTO Customs Valuation June 2012 
Updating of manuals, operating procedures Prior to June 2012. 
Printing of updated forms, brochures etc. Prior to June 2012. 
Training of at least 20 official s and customs officers and technical 
assistance mission Completed. 
Workshops for private sector on Customs Valuation July/August 2011, March 2012. 
Implementation of valuation system in full conformity with 
WTO rules June 2012. 
 
Question 50 
On Table 10:  Did the February 2011 Work shop for the private sector take place? 
Answer: 
The February 2011 workshop for private sector stakehol ders did not take place.  It is expected that 
this will be undertaken shortly in line with th e availability of the draft Customs Valuation 
Regulations 2011 for consultation w ith national stakeholders.  Samoa will seek funding assistance to 
undertake this consultative workshop. WT/ACC/SAM/21 
Page 18  
 
 Question 51 
What is the current status of the amendments to the 1998 Customs Valuation Regulations?  
When will we be able to see a copy?  We will need to see the promised amendments to move 
forward. 
Answer: 
The first draft of the Customs Valuation Regulatio ns 2011 is now being circulated to Members.  
The draft amends the 1998 Customs Regulations.  Wh ile the draft is currently being formatted to its 
proper form, Samoa would appreciate receiving the Members' comments and feedback as soon as 
possible on the substance of the draft regulations. 
Question 52 
On paragraphs 111, 112, 113:  We thank Samoa for these commitments. 
Answer: 
Noted. 
Question 53 
On Table 10:  We seek Samoa's agreement to the revised commitments. 
Answer: 
Please refer to the response to Question 49. 
- Rules of origin 
Question 54 Does Samoa agree to take the commitment propo sed for this section?  If so, how will these 
provisions be established in Samoa's trade regime?   Has a draft Bill amending the Customs Act 
been created? 
Answer: 
Samoa agrees to the commitment contained in paragraph 117.  The Customs Act 1977 will soon 
undergo a major reform with a view to being ame nded to be in conformity with WTO provisions. 
A first draft is expected to be ready by June 2012. Question 55 On paragraph 117:  We seek Samoa's acceptance of this commitment 
Answer: 
Samoa agrees to the commitment contained in paragraph 117.  WT/ACC/SAM/21 
 Page 19 
 
 
 - Other customs formalities 
Question 56 On paragraph 119:  We thank Samoa for this commitment 
Answer: 
Noted. 
- Pre-shipment inspection Question 57 On paragraph 121:  We thank Samoa for this commitment 
Answer: 
Noted. 
- Anti-dumping, countervailing duties, safeguard regimes Question 58 On paragraph 123:  The last part of this par agraph states that Samoa had abandoned the idea 
of a draft Anti-dumping Bill to bring Samoa's legislation into conformity with WTO rules. 
Has Samoa also decided not to amend the current Customs Tariff Act to remove Section 9 of the 
Customs Tariff Act 1975? 
Answer: 
Section 9 of the Customs Tariff Act will be  amended to ensure compliance with the 
WTO Anti-Dumping Agreement. 
Question 59 
On paragraph 124:  We thank Samoa for this commitment. 
Answer: 
Noted. 
We suggest amendment to paragraph 123 to reflect the status quo, the response to Question 58 and the 
revised legislative action plan: 
 123.  Several Members expressed concern ove r the non-conformity of Section 9 of the 
Customs Tariff Act 1975 with the WTO Anti-dumping Agreement.  They also expressed 
concern with Samoa's statement that, given th e difficulty for a small country like Samoa to 
use WTO trade remedy provisions, tariff flexib ility would be used if necessary to provide 
protection.  These Members invited Samoa to repeal or review the part of its anti-dumping legislation that was inconsistent with WTO rul es.  In reply, the representative of Samoa said 
that Section 9 of the Customs Tariff Act 1975 w ill be amended to bring Samoa's legislation 
into conformity with WTO rules. WT/ACC/SAM/21 
Page 20  
 
 B. EXPORT REGULATIONS 
Question 60 On paragraph 131:  We thank Samoa for this commitment. 
Answer: 
Noted. 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS  
- Industrial Policy, including export subsidies Question 61 On paragraph 138:  We seek Samoa's acceptance of this commitment. 
Answer: 
 138.  The representative of Samoa confirmed that from the date of accession, Samoa would 
not maintain any subsidies, including expor t subsidies, which met the definition of a 
prohibited subsidy contained in  Article 3 of the Agreement on Subsidies and Countervailing 
Measures.  Benefits based on existing laws woul d not be granted after that date and Samoa 
would not introduce any other such prohib ited subsidies from the day of accession.  
He further confirmed that any programmes that granted subsidies would be administered in 
line with the Agreement on Subsidies and C ountervailing Measures a nd that all necessary 
information on notifiable programmes would be  notified to the Committee on Subsidies and 
Countervailing Measures in accordance with Ar ticle 25 of the Agreement upon entry into 
force of Samoa's Protocol of Accession.  The Working Party took note of this commitment. 
- Technical barriers to trade,  standards and certification 
Question 62 
We thank Samoa for its edits to the commitment paragraph in this section. 
We seek however, the inclusion of the phrase "in such a manner as to enable interested parties 
in other Members to become acquainted with it" in the commitment paragraph, since this is an 
integral part of Article 2.9.1 of the WT O Agreement on Technical Barriers to Trade. 
Answer: 
 142.  The representative of Samoa stated that Samoa would establish an enquiry point as soon 
as possible within the Ministry of Commerce, Industry and Labour, responsible for answering all enquiry and notifications, as provided in the Agreement on Technical Barriers to Trade.  
Samoa would ensure that no technical regul ations, standards and conformity assessment 
procedures were adopted or implemented un til Samoa had implemented appropriate laws 
ensuring conformity with the provisions of the Agreement on Technical Barriers to Trade.  
Implementation action shall also include the publi cation or posting on a website of a notice at 
an early appropriate stage, in such a manner as to enable interested parties in other Members 
to become acquainted with draft techni cal regulations and conformity assessment 
requirements for review and comment at least 60 days prior to implementation, and that the  WT/ACC/SAM/21 
 Page 21 
 
 
 final technical regulations and conformity assessment 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. 
Question 63 
On paragraph 143:  We seek Samoa's acceptance of this commitment. Answer: 
This is not a commitment paragraph. 
- Sanitary and phytosanitary measures 
Question 64 
We thank Samoa for its revisions to this text. 
We would suggest adding a point in the action plan on the drafting and establishment of 
implementing regulations for SPS legislation, e. g., the BioSecurity Law, including control, 
inspection and approval procedures. 
Answer: 
No implementing regulations are being drafted.  
Question 65 
On paragraphs 158, 159, and Table 11:  We thank Samoa for these commitments. 
Answer: 
Noted. 
Question 66 
As a follow-up question to Question 2 of docu ment WT/ACC/SAM/17/Add.5:  Could Samoa 
inform of the foreseen timeframe for the publication of this information? 
Answer: 
The information is contained on the website www.samoaquarantine.gov.ws. 
Question 67 As a follow-up question to Question 3 of docu ment WT/ACC/SAM/17/Add.5:  Could Samoa 
inform of the foreseen timeframe for advice on such requests? 
Answer: 
Advice on such requests is given immediately. WT/ACC/SAM/21 
Page 22  
 
 Question 68 
As a follow-up question to Question 4 of docu ment WT/ACC/SAM/17/Add.5:  What does it 
mean" technically justified"?  Is it scientifically justified or any other meaning? 
Answer: 
It is scientifically justified. 
Question 69 As a follow-up question to Question 6 of document WT/ACC/SAM/17/Add.5:  Encouraging, 
noting that Samoan import requirements fo r animals and animal products benchmark 
OIE Guidelines on BSE. 
Answer: 
Noted. 
Question 70 
As a follow-up question to Question 7 of docu ment WT/ACC/SAM/17/Add.5:  Need to check 
carefully and to inform about the functionalities of this website as the Samoan Authorities refer 
to it very often. 
Answer: 
Noted.  
Question 71 
As a follow-up question to Question 9 of document WT/ACC/SAM/17/Add.5:  If correctly 
understood, Samoa has started to evaluate the WT O notifications and to handle with them.  
The country will notify once its acce ssion to WTO will be effective. 
Answer: 
Samoa will notify once WTO membership is effective. 
Question 72  
With respect to the Quarantine Operations Ma nual – Part 1 General Operational Procedures, 
Table 2:  Prohibited Imports: 
Has/will Samoa publish a list of plants and plant products prohibited to import? 
Answer: 
A list of approved plant and plant products alr eady gone through the Import Risk Analysis (IRA) 
process is currently available and is in the process of being uploaded on to the Quarantine website for 
public information.  However, plant and plant pr oducts not listed will be c onsidered prohibited until 
an IRA has been completed.  WT/ACC/SAM/21 
 Page 23 
 
 
 Question 73  
With respect to the Quarantine Operations Ma nual – Part 1 General Operational Procedures, 
Table 2:  Prohibited Imports:  "Plants carrying any form of fungus, bacterium or virus or any 
living stage of any invertebrate animal which may directly or indirectly injure or cause an unhealthy condition in any plant." 
Could Samoa inform of the technical justificat ion for this very broad requirement, and if 
Pest Risk Analyses (PRAs) for all addr essed pests have been carried out? 
Answer: 
Any commodity entering the country with the pr esence of the above mentioned organisms will be 
prohibited until a PRA has been carried out and ri sk management options considered.  Samoa has 
completed some PRA on Fungi, bacterium and viruses associated with specifi c commodities.  Some 
completed Import Health Standard (IHS) has been made available on the Quarantine website e.g. Tahitian Lime, Vanilla and Olive Trees.  Again more on this compilation is in the process of being uploaded. 
Question 74  
With respect to the Quarantine Operations Ma nual – Part 1 General Operational Procedures, 
on fumigation: 
Methyl bromide is considered an ozone depleting substance and as such addressed by as well 
the Montreal protocol as the IPPC, both recommending that alternatives to methyl bromide are implemented. 
It seems fumigation with methyl bromide is foreseen on a regular basis, and as a treatment 
needed for an unspecified number of organisms .  "1.3 If live insects are found, close the 
container until it can be disinsected.  Investigate the reason why insects were not destroyed during on-arrival cargo hold disinsection." and "2.5 Direct the container for fumigation at the recommended rate for snails or insects, as appr opriate.  Monitor fumigation."  "3.1.1 * If 
insects are found order appropriate treatment.  Usually this will be fumigation with methyl 
bromide.  Determine whether the goods are able  to be fumigated.  Treat as per Treatment 
Schedule."  Furthermore, only few products are considered unfit for treatment with methyl 
bromide "Table 6:  Goods Which Should NOT No rmally be Fumigated with Methyl Bromide". 
Could Samoa clarify if the treatment of plants  and plant products with methyl bromide will 
continue to be used on a regular basis, or if  other and less hazardous treatments have been 
considered?  And if it has been considered to t reat only, when specific species are found in the 
consignments? 
Answer: 
Methyl Bromide is used regularly on a much lesser scale.  This will soon change after the successful 
Register by Samoa of the new alternative chemical of Methyl Iodide for testing.  It is anticipated that 
if the testing results from this fumigant is completed, this will be a good alternative.  
The Methyl Iodide is a non-ozone  depletion substance.  The research study is a combined effort 
between MAF Samoa and MAF Bio-security New Zealand. WT/ACC/SAM/21 
Page 24  
 
 Currently fumigation is carried out on a non-compliance basis and not just on specific species.  
There is a lack of capacity when it comes to pest and disease diagnostics.  The current Pest 
Diagnostics Training provided by MAFBNZ will assist with improvements in this area. 
Question 75  
With respect to the Quarantine Operations Ma nual – Part 2 Commodity Clearance Procedures, 
Table 2:  Countries known NOT to be affected by Foot and Mouth Disease: 
Is the Table on Countries known NOT to be affe cted by Foot and Mouth Disease updated on a 
regular basis?  If yes, to which organization?  OIE? 
Answer: 
Samoa quarantine relies on the notification from the listed countries declaring their disease free status 
from FMD and the list of countries is then updated.  Whenever an IRA is carried out where FMD is 
one of the potential hazards, Samoa Quarantine refers to the exporting country's FMD status and latest 
information as reported to OIE, using the WAHID website. 
- Trade-related investment measures 
Question 76 
On paragraph 161:  We thank Samoa for this commitment. Answer: 
Noted. 
- Free zones, special economic areas 
Question 77 
On paragraph 164:  We thank Samoa for this commitment. 
Answer: 
Noted. 
- Transit 
Question 78 On paragraph 169:  We thank Samoa for this commitment. 
Answer: 
Noted.  WT/ACC/SAM/21 
 Page 25 
 
 
 - Agricultural policies  
Question 79 On paragraph 177:  We seek Samoa' s agreement to this commitment. 
Answer: 
Noted.  Paragraph 177 to remain in brackets. 
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME - GENERAL Question 80 We thank Samoa for its efforts to incorporate our comments on Samoa's Intellectual Property 
Protection Regime into the Draft Working Party Report text. 
Answer: 
Noted. 
- Industrial property protection  
 
Question 81 
What is the current status of the amendments to Samoa's Intellectual Property legislation, 
including provisions for Geographical Indications (GIs)?  When will the drafts be available for 
review?  (Note:  Please do not refer us to Ta ble 12.  We seek an on-the-spot update.) We cannot 
complete our work until we have an opportunity to review this draft legislation. 
Answer: 
The first draft of the Intellectual Property Bill incl usive of provisions on patents, utility models, plant 
breeder's rights, trademarks, designs, GIs, circu it layout;  and the Copyright Amendment Bill have 
been circulated to Members for comments. 
In view of the next revised versions of the draf t Bills, Samoa would appreciate receiving feedback 
from Members as soon as possible as public consultations on the draft Bills are also underway. 
Question 82 
On paragraph 182:  We do not disagree with this request for extension of the transitional 
period. 
Answer: 
Noted. WT/ACC/SAM/21 
Page 26  
 
 - Participation in international intellectual property agreements 
Question 83 On paragraph 184:  We are happy to see/support all the efforts of Samoa to comply with a 
maximum of IP related international treaties. 
Answer: 
Noted. 
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AN D MAINTENANCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Trademarks, including service marks 
Question 84 
On paragraph 195:  The absence of such a poss ibility of nullification of non-used trademarks 
needs to be addressed. 
Answer: 
The issue of nullifying non-used trademarks is now addressed in the draft Intellectual Property Bill in 
Section 5 – Marks and Collective Marks;  Sub- section 44 – Removal on grounds of non-use (2) and 
(3) a and b. 
- Geographical indications, including appellations of origin 
Question 85 Samoa's responses to Questions 107 to 115 of document WT/ACC/SAM/17, on Geographical 
Indications (GIs), are not responsive.  May we  have a short consolidated response now? 
Answer: 
Please refer to the first draft of the Intellectual Property Bill. 
Question 86 
On paragraph 197:  The TRIPS Agreement entail s provisions related to GIs for goods – but not 
for services.  As a consequence, a request to  amend the GI Bill to cover services cannot 
condition the accession drafting proposal.  We propose: 
 197.  A Member asked whether Samoa would protect domestic GIs,  since the proposed 
legislation appeared to provide only for the registration of foreign GIs.  
The representative of Samoa replied that the proposed GI Bill would be further reviewed to address this issue.  The same Member further invited Samoa to amend the draft legislation to provide for the registration of GIs that identify either goods and/or 
services and not only goods.  The representati ve of Samoa replied that at the moment 
GIs identified a good as originating in a particular territory.  He noted, however, that the GI framework was evolving and understood that some governments had now  WT/ACC/SAM/21 
 Page 27 
 
 
 included the protection of services under their GI legislation.  Another Member noted 
that the TRIPS Agreement entails provision s related to GIs for goods - but not for 
services. 
Answer: 
We agree to the proposed text. 
Question 87 On paragraph 198:  A Member thanks Samoa fo r the provided clarification, which is very 
useful.  This paragraph can be de-bracketed. 
Answer: 
The brackets can be removed. 
Question 88 On paragraph 200:  It is to be amended, so as to reflect the various views expressed on an equal 
footing.  We propose: 
 200.  [A Member noted that Article 6 of the draft GI Bill set forth a list of various GIs 
that would not be protected in Samoa.  The list of GIs did not include those that were 
confusingly similar to pre-existing trad emarks.  Article 16 of the TRIPS Agreement 
provided that a trademark owner had the ex clusive right to prevent the use of a 
confusingly similar trademark.  Therefor e, the Member invited Samoa to amend 
Article 6 of the draft GI Bill by adding two articles, namely, Articles 6(e) and (f).  Article 6(e) would provide that GIs resembling a trademark, either owned by another party and registered in Samoa, or of which another party had acquired rights in Samoa, 
would not be protected in order to avoid conf usion.  Article 6(f) would provide that GIs 
for goods or services, that are not recogniz ed in Samoa, would not be protected.  
The same Member further added that Articl e 22(2)(b) of the draft GI Bill could be 
deleted, if the proposed Article 6(e) were included.  The representative of Samoa noted 
that his Government would consider the inclusion of Article 6(e) and the deletion of 
Article 22(2)(b).  However, he noted that, as  provided for in Article 6(f) of the draft 
GI Bill, GIs protected in Samoa should not on ly be recognized in Samoa, but also in 
foreign jurisdictions.  He noted that the proposed Article 6(f) was too restrictive and added that it would limit the protection of GIs recognized in foreign jurisdictions.  One Member agreed with the view expressed by Samoa on the proposed Article 6(f), 
noting that there was no ground in TRIPS as  regards the suggested provision.  That 
Member did not share either the suggested am endment of Article 6 to include Article 
6(e), especially since Article 16.1 TRIPS had to be read in conjunction with Article 17 
TRIPS.  In that regard, the same Member added that, in accordance with the 
TRIPS Agreement, Members were allowed to pr ovide, under certain conditions, for the 
protection of geographical indications, even  if a prior trademark had been filed or 
registered.  The Member noted that the legislation of some WTO Members currently 
provided for this possibility.] 
Answer: 
We agree to the proposed text. WT/ACC/SAM/21 
Page 28  
 
 Question 89 
A Member would like to remind that according to  the system established in a Member's field of 
agricultural products and foodstuffs (and in th e field of wines and spirits), the ground for 
refusal of protection of a geographical indication  as regards prior trademarks is as follows: 
- a name shall not be protected as a geographical indication if, in the light of a 
trademark's reputation and renown and the length  of time it has been used, protection is 
liable to mislead the consumer as to the true  identity of the product.  Moreover, once a 
geographical indication is protected, a trademark which has been applied for, 
registered, or established by use in good fait h within the territory of that Member may 
continue to be used notwithstanding the registration of the geographical indication 
provided that no grounds for its invalidity or revocation exist as specified by that 
Member's trademark legislation. 
This Member invites Samoa to examine these provisions. 
Answer: 
Please refer to the first draft of the Intellectual Property Bill.  We would welcome the Members' 
further comments. 
Question 90 
On paragraph 201:  This paragraph can be de-bracketed. 
Answer: 
The brackets can be removed. 
- Patents 
Question 91 
On paragraph 205:  What is the meaning of the term "useful"?  Does it mean "industrial 
application"? 
Answer: 
It means industrial application. 
Question 92 On paragraph 205:  "A description of the invent ion and the best method for performing the 
invention should be attached to each applicatio n.  The term of protection was of 16 years."  
This term needs to be extended to 20 years. 
Answer: 
We agree.  Please refer to the first draft of the Intellectual Property Bill.  WT/ACC/SAM/21 
 Page 29 
 
 
 - Requirements on undisclosed information,  including trade secrets and test data 
 
Question 93 
Please describe Samoa's efforts to implement le gal provisions for the protection of undisclosed 
information in terms of registration of patent ed pharmaceuticals, i.e., Article 39(3) of the 
TRIPS Agreement.  Could you provide us the text? 
Answer: 
Please refer to the first draft of the Intellectual Property Bill. 
- MEASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY RIGHTS 
Question 94 
On paragraph 210:  The text below should be referred to under the next chapter 
"enforcement": 
- A Member enquired whether there were an y enforcement provisions.  The same 
Member further asked if any legislation wa s intended to provide civil procedures and 
remedies;  provisional measures;  administrative procedures and remedies;  special 
border measures;  and criminal penalties, consistent with the TRIPS Agreement.  
In response, the representative of Samoa stated that the Trademarks Act 1972, the Industrial Designs Act 1972, the Patents Act 1972 and the Copyright Act 1998 already 
contained civil enforcement provisions to enfo rce the protection of intellectual property 
rights.  In addition, the Customs Act provided for the border seizure of pirated and trademark-infringing goods.  Furthermore, the Copyright Act contained provisions on 
criminal sanctions.  The Crimes Ordinance 1961 and the Criminal Procedures Act 1972 
were also invoked to enforce the protection of intellectual property rights. 
Answer: 
Samoa agrees. 
- ENFORCEMENT 
Question 95 Please describe the specific steps Samoa has ta ken (or will take) to incorporate additional 
enforcement mechanisms in its laws. 
Answer: 
Please refer to the first draft of the Intell ectual Property Bill, including Section 95. 
Question 96 
On paragraphs 217, 218, and 219, and Tabl e 12:  We seek Samoa's agreement to these 
commitments. WT/ACC/SAM/21 
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 Answer: 
We note that the draft laws have yet to be finalised.  Once this work has firmed up, including 
comments from Members and other stakeholders, we could then revise the text and related 
commitments accordingly. 
VI. POLICIES AFFECTING TRADE IN SERVICES  
Question 97 
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: 
Agreed. 
VII. TRANSPARENCY 
Question 98 We thank Samoa very much for its response in document WT/ACC/SAM/17, accepting in 
principle to establish an enhanced transparency m echanism in its trade regime with a transition 
of five years. 
We appreciate Samoa's concern that it will be unabl e to accomplish this, despite strong efforts.  
We would like to revise the text to make clear the commitment on Samoa's part even if the 
deadline may not be met.  We suggest the following changes: 
[237.  The representative of Samoa confir med that 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 and 
list the products and/or services affected by  the particular measure.  He further 
confirmed stated that Samoa would intended to  establish or designate an official journal 
or website, 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 after its establishment Samoa would intended 
to provide a reasonable period for comment to the appropriate authorities of Samoa 
before such measures are implemented, except for those regulations and other measures 
of general application 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 interest s of particular enterprises, public or 
private.  Samoa intended to seek technical a ssistance to implement this facility with the 
goal of having it and should be in pla ce five years from the date of accession.  
The Working Party took note of this commitment.]  WT/ACC/SAM/21 
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 Answer: 
Samoa accepts the proposed text. 
Question 99 
On paragraph 237:  We seek Samoa's a cceptance of this amended commitment. 
Answer: 
Samoa accepts the amended commitment. 
- Notifications 
Question 100 On paragraph 238:  We seek Samoa's acceptance of this commitment. 
Answer: 
Samoa accepts the commitment. 
VIII. TRADE AGREEMENTS 
Question 101 On paragraph 247:  We seek Samoa's acceptance of this commitment. 
Answer: 
Samoa accepts the commitment. 
CONCLUSIONS 
Question 102 The status of paragraphs 111, 112, and 113 as commitments is ambiguous.  In the text, they 
have no brackets on the commitment, but pa ragraph 113 is bracketed in this section.  
In addition, paragraph 111 is listed in paragr aph 113 as a commitment paragraph but it is not 
noted in this section. 
Answer: 
The relevant paragraphs and treatment of bracket s to be addressed according to the revised Table 10 
and the draft regulations provided. 
Question 103 
The status of paragraphs 158 and 159 as commitments  is ambiguous.  In the text, they have no 
brackets, but paragraph 159 is brac keted in this section.  In a ddition, paragraph 158 is listed in 
paragraph 159, a commitment paragraph, but it is not noted in this section. WT/ACC/SAM/21 
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 Answer: 
There should be no brackets for paragraphs 158 and 159. 
Question 104 
Paragraph 218 is not listed as a commitment, but it  is noted in paragraph 219 as a commitment.  
How is paragraph 218 diff erent from paragraph 217? 
Answer: 
Please refer to our response to Question 96. 
 
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