RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SAM/17 
18 November 2010 
 (10-6167) 
Working Party on the 
Accession of Samoa Original:   English 
 
 
 
ACCESSION OF SAMOA 
 
Additional Questions and Replies  
 
 
 The following submission, dated 13 November 2010,  is being circulated at the request of the 
Government of Samoa.   
_______________ 
  WT/ACC/SAM/17 
 Page i 
 
 
 TABLE OF CONTENTS 
 
II. ECONOMIC POLICIES..........................................................................................................1  
- Investment Regime.............................................................................................................. ......1  
- State Ownership and Privatization .........................................................................................2  
III. FRAMEWORK FOR MAKING AN D ENFORCING POLICIES ......................................5  
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................6  
- Trading Rights ................................................................................................................. .........6  
A. IMPORT REGULATIONS......................................................................................................9  
- Other duties and charges....................................................................................................... ...9 
- Fees and charges for services rendered...................................................................................9  
- Application of internal taxes to imports ...............................................................................10  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ .............12  
- Customs Valuation.............................................................................................................. ....24  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................36  
- Industrial policy, including subsidies....................................................................................36  
- Technical barriers to trade, standards and certification.....................................................37  
- Sanitary and phytosanitary measures...................................................................................38  
- Agricultural policies.......................................................................................................... ......45  
(c) Internal policies.............................................................................................................. .........45  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................45  
- Application of national and MFN treatment to foreign nationals......................................47  
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS ...........................................................................47
 
- Copyright and related rights..................................................................................................4 7 
- Geographical indications, including appellations of origin.................................................48  
- Industrial designs............................................................................................................. .......50  
- Patents........................................................................................................................ ..............51  
- MEASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY 
RIGHTS......................................................................................................................... ..........52  
- ENFORCEMENT...................................................................................................................5 2 
- Geographical indications, including appellations or origin ................................................58  
VI. POLICIES AFFECTING TRADE IN SERVICES..............................................................60  
VII. TRANSPARENCY .................................................................................................................61  
VIII.  TRADE AGREEMENTS .......................................................................................................61  
CONCLUSIONS .................................................................................................................... ..............62   WT/ACC/SAM/17 
 Page 1 
 
 
 II. ECONOMIC POLICIES 
- Investment Regime Question 1  
Paragraph 16 states that "The incentives grante d to Samoa Tropical Products had expired on 
31 March 2008.  The tax holidays conferred  to Yazaki Samoa were due to end on 
8 November 2009 and the customs and excise incen tives on 11 July 2010."  These incentives 
were contingent upon export performance.   
Please confirm that they, and similar incentives in the other four companies described in this 
paragraph, have been elimin ated or will be as noted. 
Answer:
 
Samoa confirms that the incentives granted to th e four companies under the repealed Enterprises 
Export Incentives Act 1992/1993 have all been eliminated. 
Question 2  
Paragraph 18 (also in paragraph 20) states that  "He noted that the Reserved and Restricted 
Lists of Activities were being revised as part of the review of the Foreign Investment Act 2000 
and its implementing regulations.  A draft Forei gn Investment Amendment Bill was expected to 
be submitted to Parliament in December 2010."   
We note that this represents a delay of 18 mont hs (from June 2009) from the date originally 
proposed by Samoa for its planned submission to Parliament.  What caused the delay? 
Answer:  
The delay was caused by constrained technical resour ces exacerbated by the shift in resource focus to 
respond to recent natural calam ities that affected Samoa. 
Question 3  
Please provide the Working Party with a copy of the draft Foreign Investment Amendment Bill.  
Answer:  
The Working Party will be provided with a copy of the Bill once the final draft is ready. Question 4  
Please describe in the Working Party the rev isions contemplated for the Reserved and 
Restricted Lists of Activities in the amendments.  
Answer:
 
The Reserved list is to include specific definitions of the five reserved activities by using the UN CPC 
classification to ensure transparency and clarity.  For the Restricted List of activities, these will be 
determined by merit having consider ation of the:  a) stipulated conditions and requirements of 
existing legislation for a specific industry or sector  of interest (e.g. accountants, doctors, engineers WT/ACC/SAM/17 
Page 2  
 
 etc.); b) competitive environment of the busin ess activity; c) social and economic impact and 
contribution to the economy of the activity; d) enviro nmental impact of the activity; and e) security 
and health issues.  A list of criteria for adding an d removing activities from the reserved list has been 
developed which will be in cluded in the Foreign Investment Amendment Bill.  
Question 5  
Please confirm whether this is the law referenced in your updated draft Legislative Action Plan, 
and if so, why that document indicates th at "passage" is expected by December 2010? 
Answer:
 
Yes this is the law that is referred to in the upda ted Legislative Action Plan.  The Bill is expected to 
be tabled at the sitting which is also the last sessi on of Parliament before th e next general elections on 
4 March 2011.  It is hoped that the Bill will be passed by the end of 2011. 
Please refer to response to Question 2. 
- State Ownership and Privatization 
Question 6  
The sections on State Ownership and Privatization and on State Trading Entities appear to 
have been merged.  This should be reflected in the title of the new combined section in the Table 
of Contents. 
Please rename this section to reflect the new material on State-trading entities. 
Answer:  
Agree.  Secretariat to note. 
Question 7  
We remain confused as to the status of the "duopoly" of the State-owned Agriculture Store 
Corporation and its privately owned counterpart Farm Supplies.  A "duopoly" is a two-firm 
monopoly, yet Samoa states that neither have any exclusive rights for the sale of pesticides or 
any other agricultural chemicals in Samoa in the Samoan market. 
Please clarify the use of the term "duopoly." 
Answer:  
The term "duopoly" is no longer used.  Farm Suppl ies is a private owned business and is a major 
competitor for the Agriculture Store Corporation. 
We suggest the relevant language for paragraphs 30 and 32 below: 
30. Asked about the functions of the Ag ricultural Store Corporation (ASC), the 
representative of Samoa explained that the Corporation sold and rented agricultural tools and 
equipment, and sold feed, seeds, fertilizer, insec ticides and other supplies used for agricultural 
purposes.  The corporation was a 100 per cent w holly State-owned enterprise and competes 
with other private businesses including Farm Supplies as its major competitor.  Asked to  WT/ACC/SAM/17 
 Page 3 
 
 
 provide more information on the trading activities of the ASC, the representative of Samoa 
said that the Corporation has also been invol ved in the production of bananas, both for 
exportation and the local market, but was now di vesting itself of this loss-making activity.  
32. In response to a question, he added that the importation, distribution and sale of 
pesticides were open to competition.  Any one could apply to the pesticides Committee 
established within the Ministry of Agriculture to  obtain a licence to trade in pesticides and 
agricultural chemicals.  Due to  the small size of the market, the ASC and Farm Supplies were 
the only local companies currently selling pestic ides for agricultural use only.  There were, 
however, many companies licensed to import, di stribute and sell pesticides and agricultural 
chemicals for household purposes.  He added th at more and more villages were moving to 
organic farming and were prohibiting th e use of chemicals for farming.  
Question 8  
We also note that in paragraph 31 Samoa indica tes that privatization is "expected" in 2011.  
Please identify what steps have been  taken to actually privatize ASC? 
Answer:  
Other than completing the scoping study (2006) to privatise the Agricultural Store Corporation 
(ASC), no actual steps have been taken to priva tize the ASC as the resources have been focussed on 
the privatization of SamoaTel which is targeted  to be completed in November 2010.  Once the 
privatisation of SamoaTel is completed, resources will then be focussed to privatise ASC which is 
expected to be completed by the end of 2011.  
Samoa proposes the relevant language to paragraphs 25 and 27 below: 
25. The representative of Samoa said that his Government held a 100 per cent share in 27 
wholly owned enterprises in 2009.  Public u tilities had accounted for approximately 8 per cent 
of Samoa's GDP in 2006 and other State-owned en terprises for 26 per cent.  Only a negligible 
proportion of exports and not more than 5 per cent of imports were attributable to the 
activities of State-owned enterprises.  Imports by State-owned enterprises were classified as 
private sector imports. 
27. A new privatization strategy had been adopted in 2003.  The new strategy called for 
the Government to concentrate on its core stra tegic business activities and to divest itself of 
non-strategic activities that could be provided by  the private sector.  Each privatization was 
dealt with on a case-by-case basis.  Wholly-own ed enterprises were to be restructured to 
ensure greater efficiency, before being priva tized.  Since 2003, his Government had sold all 
its minority shares in Computer Services Li mited (in 2004), Hellaby Samoa Ltd. (in 2006), 
and Telecom Samoa Cellular Ltd. (in 2007).  Scoping studies for the Samoa Broadcasting Corporation (SBC), the Agriculture Store Cor poration (ASC) and Samoa Shipping Services 
(SSS) had been completed in July 2003.  Th e privatization of the SBC was completed in 
2008.  The scoping study for SamoaTel Limited was also completed in 2006 with its 
privatization targeted to be completed in November 2010.  Due to limited resources, the 
privatisation process for ASC and SSS will commen ce once SamoaTel is privatised.  It is 
expected that the privatisation of ASC is to be completed by the end of 2011, and SSS to be 
completed by the end of 2012.  The Samoa Fo rest Corporation had ceased operation in 2004 
and was officially dissolved as a company in  2006.  He provided a list of State-owned 
enterprises and bodies as of July 2009 in Tabl e 1 and details of Samoa's privatization 
programme for the period 1998-2007 in Table 2.  He noted that none of the remaining 
State-owned enterprises trading goods enjoyed any special or exclusive privileges.  In WT/ACC/SAM/17 
Page 4  
 
 response to a question, he added that State ow nership control in State-owned enterprises was 
exercised through the board of directors.  
Question 9  
Paragraph 36:  Please identify the new suppliers a nd provide a draft of the notification of these 
firms under Article XVII. 
Answer:
 
36. Noting that Samoa had granted a five-year contract to Mobil and then Total to supply 
and distribute oil and petroleum products in Samoa following competitive tendering 
processes, some Members were of the view that this arrangement was covered by Article XVII of the GATT 1994 and should be no tified.  In response, the representative of 
Samoa said that a new tender process had been carried out in August 2008 and Mobil Exxon 
was awarded a five year contract to supply petroleum products until July 2013.   
A draft notification under Article XVII is attached. 
Question 10  
We note that the commitment in paragraph 38 remains in brackets.  We have the following 
suggestions for its amendment: 
xx. [The representative of Samoa confirmed that from the date of
 upon  accession, 
enterprises that were State-owned or controlled, and enterprises with special or 
exclusive privileges, would make purch ases of goods and services, which were not 
intended for Governmental use, and sales in  international trade in accordance with 
commercial considerations, including price,  quality, availability, marketability, and 
transportation, and would afford enterprises of other WTO Members adequate 
opportunity in conformity with customary practice, to compete for such purchases or 
sales.   Samoa also  would notify and provide information on the activities of its new 
supplier of petroleum products as they rel ate to the exclusive contract to supply 
petroleum products to Samoa on behalf of the Government, in accordance with 
Article XVII of the GATT 1994 and the Understanding on that Article.  Samoa would 
apply its laws and regulations governing the trading activities of State-owned enterprises and State-controlled enterprises and other enterprises with special or exclusive privileges and would act in full conformity with the provisions of the 
WTO Agreements, 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.] 
We seek Samoa's acceptance of this co mmitment and the removal of the brackets. 
Answer:
 
We would like the language to remain in brackets.  WT/ACC/SAM/17 
 Page 5 
 
 
 III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
Question 11  
We appreciate Samoa's acceptance of the commit ment on right of appeal.  However, two 
alternatives are proposed, one in response to Question 3 of WT/ACC/SAM/14 and one in response to Question 2 of WT/ACC/SAM/15.  The latter proposal melds descriptive and 
commitment text that could undermine the commitment.  We appreciate the additional 
descriptive material, but think it should be placed in paragraph 51, leaving the commitment proposed by Samoa in paragraph 52.  We theref ore suggest that the commitment remaining in 
paragraph 52 be accepted, with the clarification as follows: 
51. In response, some Members of the Working Party requested the representative 
of Samoa to clarify whether or not, there were any circumstances under which an 
administrative ruling in areas relevant to WTO rules, could not be appealed to the 
judiciary or an independent tribunal, as provided for in Article X:3 of the GATT 1994 
and the provisions for appeal in other WTO Agreements.  In reply, the representative of Samoa stated that pursuant to the Suprem e Court (Civil Procedure) Rules 1980, there 
were no circumstances under which an administrative ruling could not be appealed or 
reviewed.  Motions could be filed with the Supreme Court seeking orders for extraordinary remedies, declarations or oth er remedies by any person aggrieved by an 
administrative decision.  This extended to all administrative decisions related to WTO 
rules.  The representative of Samoa added th at in Samoa's view the widely available 
judicial and administrative appeals available in respect of certain customs activities 
described above conformed to the requirements of Article X:3 of the GATT 1994.  He 
further added that all administrative decisi ons relating to WTO rules, not only customs 
decisions were subject to judicial review pursuant to the Supreme Court (Civil 
Procedure) Rules 1980 .   
52. In response to a separate question, the representative of Samoa added that in 
Samoa's view the widely available judicial and administrative appeals available in 
respect of certain customs activities described above conform ed to the requirements of 
Article X:3 of the GATT 1994.  He further added that all administrative decisions 
relating to WTO rules, not only customs decisions were subject to judicial review 
pursuant to the Supreme Court (Civil Procedure) Rules 1980.  In vi ew of that, Tt he 
representative of Samoa confirmed that from the date of accession, Samoa would 
provide give foreign and domestic importers and exporters  the right to appeal 
administrative action and rulings relating to matters subject to WTO provisions in full conformity with WTO obligations, including Article X:3(b) of the GATT 1994.  The Working Party took note of this commitment.   
We seek Samoa's acceptance of this revised commitment. 
Answer:
 
Samoa accepts the proposed revised commitment. 
Question 12  
We thank Samoa for removing the brackets from the commitment in paragraph 56. WT/ACC/SAM/17 
Page 6  
 
 Answer:
 
Noted. 
Question 13  
Finally, the fee expressed in US$ in paragraph 49 could be updated. 
Answer:  
SAT$100 = USD$38.61. 
IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights Question 14  
Paragraphs 59-66.  We thank Samoa for the updates to paragraph 59 and for providing the 
draft legislation separating the act of importation from that of distribution of alcoholic 
beverages.  What is the status of this legislatio n?  Please indicate Samoa's plans for enacting and 
implementing it. 
Answer:
 
The legislation is currently in the form of a Bill and in  the final stage of review.  It is expected to be 
tabled in Parliament by the end of 2011.  
Question 15  
Paragraph 66:  We seek Samoa's acceptance of this commitment. 
Answer:  
At this stage, we would like to maintain the brackets.  
Question 16  
Paragraph 59:  We have already indicated in the past some concern related to trading rights in 
relation to liquors and notably the fact that Sam oa's licensing system for this product doesn't 
distinguish between the right to import and the right to distribute it (Chapter 54 of the Liquor Act of 1971).  Update on the legislation due by end 2010? 
Answer:
 
A copy of the relevant sections of the draft Liquor  Bill was provided to Members for their comments.  
The Bill is expected to be tabled in Parliament  by the end of 2010 and passage by the end of 2011. 
Please refer to response to Question 14. 
Question 17  
Commitment under paragraph 65:  We would prefer  a wording clearly indicating that Samoa 
legislation will provide this upon accession.  Th at Member would like to see draft legislation.  WT/ACC/SAM/17 
 Page 7 
 
 
 Answer:  
A copy of the relevant sections of the draft Liquor Bill was provided to Members for their comments.  
We suggest the following language: 
The representative of Samoa confirmed that under the new  draft liquor  legislation, the act of 
importation would be separated from the act of distribution.  Any person can apply to be an 
importer of liquor.  A valid business licence is re quired for all types of licence applications 
except applications for temporary liquor licence.   A temporary licence allows the holder to 
import and distribute liquor.  Licenses to import liquor would be granted independently of a 
licence to distribute locally.  After  enactment of this legislation, i  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.  The Working Party took note of these commitments. 
Question 18  
From the paragraph below it would seem that a "business" licence is still needed in order to 
obtain an import licence.  Not only for liquor, but generally, an import licence should not be 
conditioned to the issuing of a resale/distribution/business licence. 
Application for a licence:
 
(1) An application for the issue of a licence under this Act  must be made to the Secretary 
and accompanied by the approved fee. 
(2) The applicant must provide: 
 (a) the name and address of the applicant; 
 (b) the details of the premises to be licensed;  (c) information concerning any crimi nal conviction of the applicant; 
 (d) a valid business licence;
 
 (e) a completed form as approved indicating the views of the Alii and Faipule of the 
village/surrounding area where the pr emises are to be situated; and 
 (f) any other information as prescribed or that the Secretary considers that the 
Board may require. 
Answer:  
A valid business licence is required for all types of licence applications except applications for 
temporary liquor licence.  A temporary licence allows the holder to import and distribute liquor.  
The draft legislation has been revi sed to reflect this (attached). 
It is our view that this amendment substantia lly revises the provisions contained in the Liquor 
Act 1971 whereby only businesses were able to impor t liquor.  The requirement for a business licence 
for a temporary liquor licence has been dropped. 
Paragraph (2)(d) has been amended by adding "exc ept when applying for a temporary licence".  A 
copy of the revised section of the Bill is attached. WT/ACC/SAM/17 
Page 8  
 
 Question 19  
In Part VIII, Article 59, they refer to "manufacture liquor" licence - is that a typo?  If so, how is 
the "public interest" to grant a licence establis hed?  This would seem a very broad concept 
which leaves the door open to potential discriminations.  
Answer:
 
Yes, this is a typo.  It should be "import liquor'.  
All applications for a liquor licence are considered  by the Liquor Board.  The public interest is 
determined by the Board's consideration of the social, health, environment and cultural interests 
through reports, for each application, from the Mi nistries of Police, Environment, Health, Revenue 
and where applicable, the chiefs and elders of the village in which the premises are to be located.  
Question 20  
Also point 24 of Part IV (licenses) states that an  application has to be sent with the approved fee, 
yet this fee, as far as we  have read, is never mentioned - can you provide us some clarification? 
Answer:  
The fees will be prescribed by way of regulations .  The fees contained in Table 4 below currently 
apply.  
Table 4:  Activity Licence Fees for the Right to Produce, Buy, Sell, and Import Liquor  
Activity Licence Fee in SAT per annum and equivalent  
in US$ 
Right to Engage in the Business of Buying and Selling 
of Liquor  
         Trading Store  250 (US$96.52) 
         Beach Resort  250 (US$96.52) 
         Bar & Restaurant  1,000 (US$386.10) 
         Warehouse  1,000 (US$386.10) 
         Hotel  1,500 (US$579.15) 
         Night Club  1,500 (US$579.15) 
         Liquor Distribution  1,500 (US$386.10) 
         Temporary Licence for One-off Events  250 (US$96.52) 
Right to Engage in the Business of Manufacturing 
Liquor  1,000 (US$386.10) 
Right to Engage in the Business of Importing Liquor  1,500 (US$386.10) 
 
Question 21  
We are also interesting to discover who "The  Liquor Board" is and how is it composed? 
Answer:  
The Liquor Board is composed of the Minister for Revenue as the Chairperson; the CEOs of the 
Ministries for Revenue, Finance and Health; the Attorney General; the Police Commissioner; and 
private sector and community representatives appointed by Cabinet.   WT/ACC/SAM/17 
 Page 9 
 
 
 A. IMPORT REGULATIONS 
- Other duties and charges Question 22  
Paragraph 71:  Is this commitment upon accession? 
Answer:
 
The commitment is upon accession. 
- Fees and charges for services rendered 
Question 23  
Paragraphs 75-76:  We need to have update on legi slation for fees in violation of Article VIII of 
the GATT 1994 (e.g. pesticides). 
Answer:  
Samoa can confirm that the proposed fees in Tabl e 5(b) to revise the Customs Fees and Charges and 
the proposed fees in Table 6 for Pesticides will be effective by December 2011. 
Question 24  
Paragraphs 75 and 76.  As the date for implem entation of a WTO-consistent fees and charges 
regime is "date of accession," we need dates fo r the approval of the new fees by the National 
Revenue Board and the implementation of the new Pesticide Regulations. 
Please provide these dates in the Working Party text. 
Answer:  
Please refer to the response to Question 23. The Pesticides Regulations is being reviewed with the assistance of SPC under the project to 
harmonise all the pesticides legislation for the Pacifi c.  It is expected that the new Regulation will 
come into effective by December 2011. 
Note to Secretariat - revise paragraphs 75-76 to reflect proposed effective date of the fees and the 
Pesticides Regulation. 
Question 25  
Paragraph 77:  We support the additional language  in the commitment, but suggest that it be a 
bit more specific: 
The representative of Samoa confirmed... would be provided to WTO Members on 
request.  [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.]  The Working Party took note of these 
commitments. WT/ACC/SAM/17 
Page 10  
 
 Answer:
 
[He further confirmed that Samoa's fees for the licensing system for pesticides would be 
applied in conformity with WTO rules, in cluding Article VIII of the GATT 1994, as from 
December 2011  the date of accession. ]  The Working Party took note of these commitments.] 
- Application of internal taxes to imports 
Question 26  
Paragraphs 80-82:  VAT exemption, we underst and the constraints and we are ready to 
envisage transitional periods -but to long.  Drafting of the commitment may be improved - not clear whether the five years are for the analysis to  be completed or the law to be changed.  Need 
to check this against the wide commitment in paragraph 86. 
Answer:
 
The five years is for the study to be  completed and the law to be amended . 
Question 27  
Samoa's explanation of why domestic primary pr oducers must be exempted from VAGST, in 
addition to the exemption for small producers al ready in the law (i.e., firms with an annual 
turnover of less than SAT 78,000 or US$25,545) is confusing.  
If the primary producers targeted for this benefi t sell only a small portion of their production, 
they should be covered by the existing turnover threshold.   
As worded, the current exemption appears not to  distinguish between small farmers and large 
commercial firms producing primary products could be exempted.   
We appreciate Samoa's willingness to undertake effort s to clarify this situation, but we are not 
sure that five years of study is really necessary , and we remain unconvinced that inclusion of 
these establishments in the current threshold wouldn't be a better solution. 
We suggest a shorter period for study, a mo re concrete commitment for action, and the 
obligation to notify WTO Members when the action is taken. 
Answer:  
Please refer to the response to Question 28.  
Question 28  
We suggest the following additional text: 
79bis.  One Member noted that since the primar y producers targeted for this benefit sell 
only a small portion of their production, Samoa should be able to cover them by 
extending the existing turnover threshold of  SAT 78,000.  As currently structured, it 
would appear that larger commercial firm s producing primary products could be 
eligible for the exemption.  He added that the current exemption was discriminatory and 
would have to be brought into conformity with WTO provisions.  If Samoa needed a  WT/ACC/SAM/17 
 Page 11 
 
 
 transition to resolve the issue, provisio n should be made in the commitment for 
Members to be notified when the practice was amended.    
80. The representative of  He noted that  Samoa confirmed that Samoa  would request 
the assistance of the FAO as well as other development partners in undertaking the  a 
detailed analysis of Samoa's domestic agricultural sector with respect to  in view of  the 
VAGST exemption and based on that analysis will eliminate or amend  .  Once the 
analysis is completed within [five] years of accession,  section 15 of the VAGST Act 
1992/1993 to bring Samoa's tax treatment of imported and domestic primary products 
into conformity with  would be amended to reflect a  WTO provisions  consistency  within 
[three years] of accession.  At the end of this period, Samoa will report on 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:  
78. The representative of Samoa said that im ported and domestic goods were subject to a 
Value Added Goods and Services Tax (VAGST) of  15 per cent, as set out in the Value Added 
Goods and Services Tax Act 1992/1993.  All busi nesses were required to register with the 
Ministry for Revenue for VAGST.  The VAGST w as levied at each stage up to the retail 
stage.  Companies with an annual turnover of less than SAT 78,000 (US$30,116)  and primary 
producers were exempted from VAGST.   
79. A Member noted that the exemption gran ted to primary producers was inconsistent 
with Article III of the GATT 1994.  This Member  invited Samoa to either introduce a parallel 
exemption for imports of similar products or set a threshold for the registration of small 
producers - rather than exempt their produce.  Samoa was also asked to clarify how the 
exemption of primary producers was managed given that the VAGST was levied on goods 
rather than on producers.  The representative of Samoa replied that Samoa had no company 
producing primary products.  Beneficiaries were  small, low income producers who sold only 
a small portion of their production in local markets, the rest being used for their own 
consumption.  Their annual turnover was very  small.  Samoa had already removed support 
previously available to them and did not wish  to risk reducing further the already limited 
revenues of these producers.  In addition, th e levy of VAGST on these producers would prove 
to be very difficult.  Exemption of small producers was, he understood, a common practice 
amongst WTO Members.   
79bis.  One Member noted that since the primary producers targeted for this benefit sell only 
a small portion of their production, Samoa shoul d be able to cover them by extending the 
existing turnover threshold of SAT 78,000.  As currently structured, it would appear that 
larger commercial firms producing primary products could be eligible for the exemption.  He 
added that the current exemption was discrim inatory and would have to be brought into 
conformity with WTO provisions.  If Samoa needed a transition to resolve the issue, 
provision should be made in the commitment fo r Members to be notified when the practice 
was amended.   
79ter.  The representative of Samoa explained that  the exemption did not require subsistence 
farmers, which are small scale primary producer s, to go through the burdensome process of 
registration for VAGST.  The registration pr ocess is mandatory for all licensed business 
operators where their eligibility under the SA T 78,000 threshold was determined through the 
submission of bi-monthly tax returns.  He e nvisaged the difficulties associated with the 
including the farmers under the threshold to include the need to build capacity of the 
subsistence and small scale farmers on basi c book keeping skills, VAGST registration and WT/ACC/SAM/17 
Page 12  
 
 tax-returns.  He further added that the an ticipated administrative  burden would impact 
negatively on the already constrained resources.  
79quater.   The representative of Samoa emphasized that agriculture was the backbone of his 
country's economy and given the sensitivities surr ounding this matter, a detailed analysis of 
Samoa's domestic agricultural sector is necessary  to determine the best way for Samoa to 
address this.  He further noted that his Gove rnment would require the appropriate time to 
develop a comprehensive terms of  reference for the study, undertake the analysis and review 
of its findings before the law is amended.  
80. [The representative of Samoa 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 th e VAGST exemption and based on that analysis 
will amend section 15 of the VAGST Act 1992/1 993 to bring Samoa's tax treatment of 
imported and domestic primary products into co nformity with WTO provisions within [five 
years] of accession.  At the end of this peri od, Samoa will 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.]  
Question 29  
Paragraph 80:  The commitment will not be accu rate until the issue of VAT exemptions is 
resolved. 
Answer:  
Refer to response to Question 28. - Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 30  
Paragraph 93:  Import ban on cars - take note of environmental concerns, but need to sort 
problem in a WTO consistent manner.   
Not clear what Samoa would commit to in paragraph 94. OK with transitional period - but not 
eight years.   
Paragraph 100 OK:  what about left-hand cars? 
Answer:
 
Refer to respond to Question 31. 
Question 31 
Import Bans on Turkey Tails, Used Auto mobiles, Vehicles Older than 12 years:   We have 
reviewed Samoa's responses to our questions a nd comments on these measures in documents 
WT/ACC/SAM/14, WT/ACC/SAM/15, and WT/ACC/SPEC/SAM/4/Rev.3.  Some of the responses to the same questions vary, i.e., are not the same in each of these documents.  But they 
share the characteristic that the transitions soug ht are far too long, and the solutions themselves 
lack detail.  To accept this as suffici ent would not really solve the problem.  WT/ACC/SAM/17 
 Page 13 
 
 
 Samoa must work with Working Party Members to find a credible, enforceable, 
WTO-consistent method of dealing with these i ssues.  While we understand that the bans have 
been applied with the intention to protect human life, health, and safety, import bans and other 
restrictions on the importation of products ar e not the best way to accomplish this, and the 
methods used by Samoa to address these pr oblems are arbitrary and discriminatory and 
therefore inconsistent with WTO provisions. 
For the second time, we propose alternativ es, based on Samoa's own proposals and 
WTO provisions, and using reasonable transitional  periods to address Samoa's policy concerns.   
We provide a suggested reorganized and revised  section on Quantitative restrictions for the 
review of Samoa and the Members of the Working Pa rty (see below).  We are willing to work on 
this with delegations and with Samoa, but we  are not willing to conclude these negotiations 
without finding WTO-consistent solutions: 
1. The representative of Samoa said that pursuant to section 49(3) and 49(4) of the 
Customs Act 1977, the Head of State could prohibit the importation of goods into Samoa to defend the public interest, protect revenue, ensure the efficient administration of the Customs 
Act, prevent fraud and infectious diseases with in the meaning of the Health Ordinance 1959, 
and impede the entry of goods whose sale in Samoa would be an offence against the law.  
Prohibitions could be general, specific, absolute or conditional.  Conditions could include the necessity to hold a permit or satisfy other prescribed criteria.  He noted that Samoa prohibited the importation of counterfeit coins and bank notes to prevent counterfeiting; pornographic 
articles, publications, films, and video to protect  public morals; non-biodegradable plastic bags 
to protect the environment (Plastic Bag Prohibition on Importation Regulations of 
23 May 2006); turkey tails to help curb the rise in diseases such as diabetes, high blood pressure 
and heart and kidney failure (Prohibition Ord er on the Importation of Turkey Tails of 
14 August 2007); and motor vehicles older than 12  years and left-hand drive vehicles to ensure 
traffic safety (Order of Prohibited Imports of 2 May 2008) (see Table 8).  The importation of 
arms and ammunition, chemicals, pesticides a nd ozone depleting substances was restricted for 
the protection of human health and life and subjec t to licensing.  He provided a list of products 
subject to import licensing in Table 9.  He no ted that none of these goods were produced locally.  
The list of items restricted or prohibited from  importation could be extended for reasons of 
national security or interest in accordance with section 49 of the Customs Act 1977.  He further noted that the importation of some plants and food stuff was also prohibited under Samoa's SPS 
regulations (see the section on "San itary and phytosanitary measures"  
2. Pursuant to the Arms Ordinance 1960, licence fees for the importation of arms and 
ammunition amounted to SAT 200 (US$65.5) a year for companies and SAT 50 (US$16.37) per import for individuals.  The importation, storage  and use of pesticides was regulated by the 
Ministry of Agriculture and Fisheries pursuan t to the Agriculture, Forests and Fisheries 
Amendment Act 1989.  All pesticides had to be registered before an import licence could be 
delivered.  This measure aimed at monitoring the importation of pesticides and at protecting the 
environment from hazardous/banned substances a nd chemicals.  The registration fee amounted 
to SAT 300 (US$98.25) plus VAGST.  The licence fee depended on the type of pesticide and quantity to be imported.   
3. Restrictions could also be imposed on goods having a negative impact on the 
environment pursuant to the Lands and Environment Act 1989 and in accordance with the 
international conventions Samoa was a party to .  Moreover, Samoa's national environmental 
country programme, submitted to the Executi ve Council of the Montreal Protocol in 
March 1997, provided for restrictions on imports of ODSs - mainly CFCs - and methyl chloride, whose consumption was to be phased out by 2010 and 2015 respectively. WT/ACC/SAM/17 
Page 14  
 
 Ban on Imports of motor vehicles older than 12 years
 
4. Some Members noted that the ban on imports of motor vehicles older than 12 years 
discriminated against imports and was WTO-inco nsistent.  They pointed out that used 
automobiles older than 12 yea rs were purchased and sold dom estically and were not considered 
unsafe per se .  These Members urged Samoa to replace this measure with a non-automatic 
import licensing system.  Some Members of the Working Party requested that Samoa find a 
WTO-consistent measure to deal with the impo rtation of used cars over 12 years old, e.g., a 
non-automatic import licensing requirement to  enforce mandatory insp ection and certification 
of used cars over a certain age, that would also be  applied to domestic cars of the same age.   
5. In response, the representative of Samoa said  that the ban on imports of motor vehicles 
older than 12 years had been introduced in 2003 for safety and environmental reasons.  The 
replacement of the ban by a no n-automatic system to enforce a vehicle safety regulation for 
older automobiles was considered to be an administrative burden given Samoa's already 
constrained resources.  He acknowledged the concerns of WTO Members with regard to the 
current import prohibition of vehicles older than 12 years.  As such, Samoa was prepared to 
implement an alternative system that would be WTO consistent if additional time and 
substantial technical assistance were available to make the shift.  He added that Samoa was 
currently looking into the systems operated by countries in the region such as New Zealand and 
Australia in terms of how they regulat e the importation of used vehicles. 
6. The representative of Samoa said his G overnment was considering creating technical 
standards or regulations which would apply to  all vehicles imported into Samoa.  Such 
regulations could include: 
 i. Environmental Measures - for example on  such as carbon emissions.  This would 
require the development of legislative measures aimed at achieving improvements in air quality by reducing th e levels of harmful emissions from 
motor vehicles.  
 ii. Safety Measures - These would address sa fety in relation to vehicle technicalities 
(head lights, stop lights, wheels, noise pollution etc.) 
 iii. Fuel consumption standards.  
7. In view of the amount of work required in order to develop such regulations in order to 
have in place a WTO compliant system which a ddressed Samoa's concerns in relation to the 
importation of used vehicles, Samoa would request a [eight][two] year transition period to phase 
out the current import prohibition, while the abov e regulations / standards / licensing system is 
developed.  Samoa would also submit a request for technical assistance to develop this project. 
8. The representative of Samoa confirmed th at within [eight] [two] years of accession 
Samoa would establish a nation-wide vehicle safe ty 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 twelve yea rs and replace it with a non-automatic import 
licence that enforced inspection of imported ve hicles older than twelve years to the same 
standards.  Importation would be denied only  to those vehicles that could not meet the 
mandated safety requirement.  The Working Pa rty took note of this commitment.   
Ban on imports of left-hand drive vehicles
 
9. Noting that Samoa had recently banned the importation of left-hand drive vehicles, a 
Member enquired about the rationale of such a measure.  Samoa was asked to explain what  WT/ACC/SAM/17 
 Page 15 
 
 
 portion of automotive vehicles currently in  Samoa were left-hand drives and whether such 
vehicles would be permitted to remain on the ro ad after the ban had entered into force.  This 
Member noted that other countries did not ba n left-hand drive or right-hand drive vehicles 
even if their driving regulations were based on  the other arrangement.  This Member urged 
Samoa to review this discriminatory and, in its view, unnecessary ban.  
10. The Representative of Samoa stated that his Government was reviewing the prohibition 
on the importation of left-hand drive vehicles with a view to eventually permitting the 
ownership of such vehicles under certain circumstances.  
11. The Representative of Samoa confirmed that  Samoa would change its legislation within 
6 months of accession to the WTO to allow current owners of left-hand drive vehicles resident in 
Samoa to apply for a special licence to drive th eir vehicles in Samoa provided right-hand drive 
driving regulations were observed to protect public safety.  He also confirmed that within [two] 
years of accession, the Government of Samoa wo uld implement additional regulations for the 
importation of left-hand drive vehicles for speci al circumstances related to specific uses where 
left-hand drive vehicles are not used for transporta tion on public roads (e.g. golf carts) or have 
properties necessary for certain forms of work or  commerce  (e.g., construction equipment).  
The Working Party took note of these commitments. 
Ban on importation of turkey tails  
12. In addition, a Member expressed concerns re garding Samoa's ban on the importation of 
turkey tails.  This Member questioned the prohibitio n of a single food item in order to address 
the large and complex problem of obesity.  Sam oa was asked to describe what other actions it 
had taken vis-a-vis other foods with high fat content and its plans to educate its consumers on 
the importance of considering total dietary choices and exercise to avoid non-communicable 
diseases, as reflected in the World Health Organization's Draft Action Plan for the 
Implementation of the Global Strategy on Diet, Physical Activity and Health.  This Member also invited Samoa to explain the objective criteria u sed to identify this specific product and the 
reason why this product had been prohibited from importation while many other products 
presenting similar characteristics were allowed in circulation.   
13. In response to the question about Samoa's plans to educate consumers on healthy diet 
choices, he explained that measures taken included, among other things, a health promotion and prevention campaign under the "Health Sector Plan 2008-2018: a Healthy Samoa" and a revision of Samoa's dietary guidelines.  In addition, the Ministry of Health was updating 
Samoa's food legislation and the National CODEX Committee was developing standards on 
food quality.  He provided a detailed descript ion of the various measures taken to educate 
consumers in document WT/ACC/SAM/10 (see response to Question 29).  He explained that turkey tails had been prohibited from importatio n due to their high percentage of fat and their 
popularity in Samoa, the price of turkey tails be ing lower than that of other types of cuts of 
meat.  He acknowledged that Samoa had not bann ed the importation of any other food product 
due to its price and high fat content.  He added that his Governme nt was reviewing this 
prohibition.  The Government of Samoa, through the Ministry of Health, was already developing alternative strategies, for example, a public education plan to combat bad dietary 
choices that promoted obesity and its attendant problems of ill health and disease in Samoa.  
He added that Samoa would need substantial tech nical assistance to implement these alternative 
and non-discriminatory programs and would seek technical assistance from the World Health 
Organization and others towards this objective.  A transitional period would be necessary to 
continue the current import prohibition for a short time to facilitate the conversion.  WT/ACC/SAM/17 
Page 16  
 
 14. In response, a Member of the Working Party stated that Samoa's efforts to improve the 
health of its population were understandable.  Th at Member noted that import bans and other 
restrictions on the importation of products are not necessarily the best way to accomplish that 
objective.  Article XI of the General Ag reement on Tariffs and Trade 1994 (GATT 1994) 
generally proscribed such bans.  Although Article XX of the GATT provided an exception for 
measures necessary to protect human health, this  exception required that the application of 
such a measure did not constitute a means of ar bitrary or unjustifiable discrimination between 
countries or a disguised restriction on international trade.  In the view of that Member, the import ban on turkey tails was unique and theref ore discriminatory, as th ere are many high fat 
foods, imported and domestic, still available for purchase in Samoa.  Th at Member requested 
information on whether Samoa had based the impo rt ban on any scientific studies regarding the 
contribution of turkey tails (as opposed to other products that are high in fat) to the rise in 
diseases in Samoa and how an import ban on turk ey tails addressed that concern, and whether 
some other WTO-consistent measur e could be used to limit consumption of this product, e.g., a 
high tariff, a non-discriminatory ban on fatty meats, etc. 
15. In response, the representative of Samoa confirmed that the Government of Samoa 
would implement less-trade restrictive me asures and make the necessary legislative 
amendments to eventually eliminate the prohib ition on the importation of turkey tails and 
turkey tail products.  He confirmed that wi thin [eight][ten years][6 months] of Samoa's 
accession to the WTO, the Health Ordinance 1959 would be amended (through insertion of a 
new clause 50A in Part VI) by giving power to  the Minister of Health to make an order 
prohibiting the sale of a product/good or class of  products/goods in Samoa.  An Order would be 
drafted prohibiting the sale of turkey tails and turkey tail products pursuant to section 50A to commence on the same date of commencement of the amendment to the He alth Ordinance 1959.  
The Prohibition Order on the Importation of tu rkey tail and turkey tail products would be 
revoked.  All these legislative amendments would become effective on the same day.  The new 
measures would remain in place for [eight][three] ye ars from the date of Samoa's accession to 
the WTO, in order to allow time to develop and implement a nation-wide program 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 fat content.  At the end of 
the [eight][three] years, the ban on domestic sales of turkey tails and turkey tail products would 
be eliminated, and replaced with appropriate tariff regulation.  The Working Party took note of 
these commitments. 
Other Import Prohibitions
 
16. Some Members of the Working Party requ ested clarification concerning the apparent 
prohibition of tinned fish.  In response, the representative of Samoa stated that although tinned fish was not a prohibited import, the prohibition only applied to packages of more than 48 tins.  
This policy initiative was put in place to assist  families in Samoa during times of 'faalavelave' or 
special occasions (funerals, title bestowments, we ddings, etc.), in order to ease the burden for 
families hosting these special occasions.  Boxes of  24 cans or individual cans were permitted.  
17. The representative of Samoa also was asked to explain the criteria in the Customs Act 
of 1977 for prohibiting importation of goods to protect revenue or  ensure the efficient 
administration of the Customs Act.  He noted that amendments to section 49 of the Customs 
Act 1977 were being prepared.  
18. The representative of Samoa confirmed th at, from the date of accession, Samoa would 
not introduce, re-introduce or apply quantitative restrictions on imports, or other non-tariff 
measures such as licensing, quotas, prohibitions, bans and other restrictions having equivalent 
effect that cannot be justified under the provision s of the WTO Agreement with the exception of  WT/ACC/SAM/17 
 Page 17 
 
 
 those subject to transition periods for their amen dment or elimination in paragraphs [8], [11] 
and [15].  With these exceptions, the legal author ity 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 conformity with the relevant requirements of the WTO, in particular Articles XI, XII, XIII, XVIII, XIX, XX, and XXI of the GATT 1994; the 
Agreements on Agriculture, the Application of Sanitary and Phytosanitary Measures, Import 
Licensing Procedures, Safeguards, and Technical Barriers to Trade; and the Understanding on 
Balance of Payments Provisions of the GATT 1994.  The Working Party took note of these commitments. 
Answer:
 
Samoa acknowledges the suggested reorganizati on and revision of the section on Quantitative 
restrictions.  We have reviewed this and o ffer the following language and commitments:   
1. The representative of Samoa said that pursuan t to section 49(3) and 49(4) of the Customs 
Act 1977, the Head of State could prohibit the im portation of goods into Samoa to defend the public 
interest, protect revenue, ensure the efficient ad ministration of the Customs Act, prevent fraud and 
infectious diseases within the meaning of the Hea lth Ordinance 1959, and impede the entry of goods 
whose sale in Samoa would be an offence against th e law.  Prohibitions could be general, specific, 
absolute or conditional.  Conditio ns could include the necessity to hold a permit or satisfy other 
prescribed criteria.  He noted that Samoa prohibited the importation of counterfeit coins and bank notes to prevent counterfeiting; pornographic articles, publications, films, and video to protect public 
morals; non-biodegradable plastic bags to prot ect the environment (Plastic Bag Prohibition on 
Importation Regulations of 23 May 2 006); turkey tails to help curb the rise in diseases such as 
diabetes, high blood pressure and heart and kidney  failure (Prohibition Order on the Importation of 
Turkey Tails of 14 August 2007); and motor vehicles ol der than 12 years and left-hand drive vehicles 
to ensure traffic safety (Order of Prohibited Imports  of 2 May 2008) (see Table 8).  The importation of 
arms and ammunition, chemicals, pesticides and oz one depleting substances was restricted for the 
protection of human health and life and subject to li censing.  He provided a list of products subject to 
import licensing in Table 9.  He noted that none of these goods were produced locally.  The list of items restricted or prohibited from importation coul d be extended for reasons of national security or 
interest in accordance with section 49 of th e Customs Act 1977.  The Customs Act 1977 was 
administered by the Ministry for Revenue.    He further noted that the importation of some plants and 
food stuff was also prohibited under Samoa's SPS regulations (see the section on "Sanitary and 
phytosanitary measures"  
2. Pursuant to the Arms Ordinance 1960, licence fees for the importation of arms and 
ammunition amounted to SAT 200 (US$77.22) a y ear for companies and SAT 50 (US$19.31) per 
import for individuals.  The importation, storage and use of pesticides was regulated by the Ministry of Agriculture and Fisheries pursu ant to the Agriculture, Forests a nd Fisheries Amendment Act 1989.  
All pesticides had to be registered before an impor t licence could be delivered.  This measure aimed at 
monitoring the importation of pesticides and at protecting the environment from hazardous/banned 
substances and chemicals.  The registration f ee amounted to SAT 300 (US$115.83) plus VAGST.  
The licence fee depended on the type of pes ticide and quantity to be imported.   
3. Restrictions could also be imposed on goods  having a negative impact on the environment 
pursuant to the Lands and Environment Act 1989 and in accordance with the international 
conventions Samoa was a party to.  Moreover, Sa moa's national environmental country programme, 
submitted to the Executive Council of the Montreal Pr otocol in March 1997, provided for restrictions 
on imports of ODSs - mainly CFCs - and methyl ch loride.  The consumption of CFCs was phased out 
completely by June 2010 while the consumption for methyl chloride was to be phased out by 2015 
respectively.  WT/ACC/SAM/17 
Page 18  
 
 Ban on Imports of motor vehicles older than 12 years
 
4. Some Members noted that the ban on imports of motor vehicles older than 12 years 
discriminated against imports and was WTO-inconsis tent.  They pointed out that used automobiles 
older than 12 years were purchased and sold domestically and were not considered unsafe per se .  
These Members urged Samoa to replace this measure  with a non-automatic import licensing system.  
Some Members of the Working Party requested that  Samoa find a WTO-consistent measure to deal 
with the importation of used cars over 12 years old, e.g., a non-automatic import licensing requirement to enforce mandatory inspection and cer tification of used cars over a certain age, that 
would also be applied to domestic cars of the same age.   
5. In response, the representative of Samoa said that the ban on imports of motor vehicles older 
than 12 years had been introduced in 2003 for safet y and environmental reasons.  The replacement of 
the ban by a non-automatic system to enforce a ve hicle safety regulation for older automobiles was 
considered to be an administrative burden gi ven Samoa's already constrained resources.  
He acknowledged the concerns of WTO Members with  regard to the current import prohibition of 
vehicles older than 12 years.  As such, Samoa was pr epared to implement an alternative system that 
would be WTO consistent if add itional time and substantial technical assistance were available to 
make the shift.  He added that Samoa was currently  looking into the systems operated by countries in 
the region such as New Zealand and Australia in terms of how they regulate the importation of used vehicles. 
6. The representative of Samoa said his Govern ment was considering the establishment of a 
system whereby safety and environmental standards and requirements would be created and applied to 
all vehicles older than 12 years.  Used vehicles olde r than 12 years already in the country that do not 
comply with these requirements will be denied the wa rrant and certificate of fitness to operate on the 
roads in Samoa.  Vehicles older than 12 years to be  imported into Samoa will have to comply with the 
same requirements before being shipped to the count ry.  The standards to be developed could include 
environmental measures such as carbon emissions , fuel consumption as well as safety measures 
relating to vehicle technicalities (head lights,  stop lights, wheels, noise pollution etc.).   
7. In view of the amount of work required to develop such a system; the necessary legislative  
changes; ensure WTO consistency and addressed Samo a's concerns in relation to the importation of 
used vehicles, the representative of Samoa said that his Government would require a long transition 
period of [six to eight][two] years to phase out the current import prohibition.  Samoa would also 
require technical and financial assistance to develop this system.  
8. [The representative of Samoa conf irmed that within [six to eight]  [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 suspensi on of the vehicle's right to use public roads if the 
criteria of the inspection were not met.  From th e same date, Samoa would repeal its current import 
ban on vehicles older than twelve years and re place it with a non-automatic import licence that 
enforced inspection of imported vehicles older than twelve years to the same standards.  Importation 
would be denied only to those vehicles that coul d not meet the mandated safety and environmental
 
requirements .  The Working Party took note of this commitment.] 
Ban on imports of left-hand drive vehicles  
9. Noting that Samoa had recently banned the im portation of left-hand drive vehicles, a Member 
enquired about the rationale of such a measure.  Samoa was asked to explain what portion of 
automotive vehicles currently in Samoa were left -hand drives and whether such vehicles would be 
permitted to remain on the road after the ban had ente red into force.  This Member noted that other 
countries did not ban left-hand drive or right-hand driv e vehicles even if their driving regulations were  WT/ACC/SAM/17 
 Page 19 
 
 
 based on the other arrangement.  This Member urged Samoa to review this discriminatory and, in its 
view, unnecessary ban.  
10. The Representative of Samoa stated that th e measure was necessary to complement the new 
policy which changed the side of the road vehicles were driven on in Samoa.  He added that while 
exceptions were already allowed for specialty vehicles,  his Government would  was reviewing  the 
current situation to consider   prohibition on the importation of left -hand drive vehicles with a view to 
eventually permitting the ownership of other  such vehicles under certain circumstances.  He further 
informed that exceptions to the ban included  those used for health or special needs . 
11. [The Representative of Samoa confirmed that  Samoa would review the current legislation 
only after five years since its enactment to  allow for the necessary smooth transition and 
implementation of the policy change.  Th e review will consider amendments to  its legislation within 
[two years] [6 months] of accession to the WTO  to allow current owners of left-hand drive vehicles 
resident in Samoa to apply for a special licence to  drive their vehicles in Samoa provided right-hand 
drive driving regulations were observed to protect pub lic safety.  He also confirmed that the review 
will also include the within [two] years of accession, the Government of Samoa would  
implementation of additional regula tions for the importation of left-hand drive vehicles for special 
circumstances related to specific uses where left-han d drive vehicles are not used for transportation on 
public roads (e.g. golf carts)  or have properties necessary for certain forms of work or commerce (e.g., 
const ruction equipment) .  The Working Party took note of these commitments.] 
Ban on importation of turkey tails  
12. In addition, a Member expressed concerns  regarding Samoa's ban on the importation of 
turkey tails.  This Member questioned the prohib ition of a single food item in order to address the 
large and complex problem of obesity.  Samoa was asked to describe what other actions it had taken 
vis-a-vis other foods with high fat content and its plans to educate its consumers on the importance of 
considering total dietary choices and exercise to a void non-communicable diseases, as reflected in the 
World Health Organization's Draft Action Plan for the Implementation of the Global Strategy on Diet, 
Physical Activity and Health.  This Member also invited Samoa to explain the objective criteria used 
to identify this specific product and the reason why this product had been prohibited from importation 
while many other products presenting similar char acteristics were allowed in circulation.   
13. In response to the question about Samoa's plan s to educate consumers on healthy diet choices, 
he explained that measures taken included, among other things, a health promotion and prevention 
campaign under the "Health Sector Plan 2008-2018:  a Healthy Samoa" and a revision of Samoa's 
dietary guidelines.  In addition, the Ministry of  Health was updating Samoa's food legislation and the 
National CODEX Committee was developing standa rds on food quality.  He provided a detailed 
description of the various measures taken to e ducate consumers in document WT/ACC/SAM/10 (see 
response to Question 29).  He explained that turkey  tails had been prohibited from importation due to 
their high percentage of fat and their popularity in Samoa, the price of turkey tails being lower than 
that of other types of cuts of meat.  He acknow ledged that Samoa had not banned the importation of 
any other food product due to its price and high fa t content.  He added that his Government was 
reviewing this prohibition.  The Government of Sa moa, through the Ministry of Health, was already 
developing alternative strategies, for example, a pub lic education plan to combat bad dietary choices 
that promoted obesity and its attendant problems of  ill health and disease in Samoa.  He added that 
Samoa would need substantial technical assistance to implement these alternative and non-
discriminatory programs and would seek technical as sistance from the World Health Organization and 
others towards this objective.  A transitional peri od would be necessary to continue the current import 
prohibition for a short time to facilitate the conversion.  WT/ACC/SAM/17 
Page 20  
 
 14. In response, a Member of the Working Party st ated that Samoa's efforts to improve the health 
of its population were understandable.  That Member noted that import bans and other restrictions on 
the importation of products are not necessarily the best way to accomplish that objective.  Article XI of the General Agreement on Tariffs and Trade 199 4 (GATT 1994) generally proscribed such bans.  
Although Article XX of the GATT provided an exce ption for measures necessary to protect human 
health, this exception required that the applicati on of such a measure did not constitute a means of 
arbitrary or unjustifiable discrimination between c ountries or a disguised restriction on international 
trade.  In the view of that Member, the import ban on turkey tails was unique and therefore discriminatory, as there are many high fat foods, imported and domestic, still available for purchase in 
Samoa.  That Member requested information on whether Samoa had based the import ban on any 
scientific studies regarding the contribution of turkey tails (as opposed to other products that are high 
in fat) to the rise in diseases in Samoa and how an import ban on turkey tails addressed that concern, 
and whether some other WTO-consistent measure coul d be used to limit consumption of this product, 
e.g., a high tariff, a non-discriminatory ban on fatty meats, etc. 
15. [In response, 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 prohibition on the importation of turkey tails and turkey tail products.  He confirmed that within [three years
][six months] of Samoa's accession to the WTO, the Food and 
Drugs Act 1967  Health Ordinance 1959 would be amended (through inser tion of a new clause 50A in 
Part VI)  by giving power to the Minister of Health  to make an order prohibiting the sale of a 
product/good or class of products/goods in Samoa.  An Order would be drafted prohibiting the sale of 
turkey tails and turkey tail products pursuant to section 40q  50A to commence on the same date of 
commencement of the amendment to the Food and Drugs Act 1967 .  Health Ordinance 1959.   T h e  
Prohibition Order on the Importation of turkey tail a nd turkey tail products would be revoked.  An 
import duty of 300 per cent will be a pplied to turkey tail products.  All these legislative amendments 
would become effective on the same day.  The ne w measures would remain in place for [three] years 
from the date of Samoa's accession to the WTO,  in order to allow time to  develop and implement a 
nation-wide program 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 fat 
content.  The assistance of th e World Health Organisation and ot her development partners will be 
sought to undertake a detailed study of practical and realistic options to combat Samoa's health 
problems for Samoa's consideration.  At the end of the [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 will be implemented and adopted .  replaced with appropriate tariff regulation.   
The Working Party took no te of these commitments.] 
Other Import Prohibitions  
16. Some Members of the Working Party request ed clarification concerning the apparent 
prohibition of tinned fish.  In response, the represen tative of Samoa stated that although tinned fish 
was not a prohibited import, the prohibition only applied to packages of more than 48 tins.  This policy initiative was put in place to assist families in Samoa during times of 'faalavelave' or special 
occasions (funerals, title bestowments, weddings, etc. ), in order to ease the burden for families hosting 
these special occasions.  Boxes of 24 cans or individu al cans were permitted.  He also informed the 
Members that Samoa continues to have the highest b ee health situations in the Pacific.  The import 
prohibition of bees and bee products is necessary to ma intain this situation.  The import ban on parrots 
dates back to 1958.  There are no records as to the reason behind the ban.  However, Samoa notes that 
some parrot species are considered endangered wo rldwide and are on the CITES and the IUCN red 
list of animal life subjected to strict quara ntine and customs inspection at the border.   
17. The representative of Samoa also was asked to  explain the criteria in the Customs Act of 1977 
for prohibiting importation of goods to protect revenue  or ensure the efficient administration of the  WT/ACC/SAM/17 
 Page 21 
 
 
 Customs Act.  He explained that the Act was en acted in 1977 and the criteria were necessary to 
protect revenue earned from newly established indus tries and production; and the influx of goods in 
relation to the limited resources of the Customs administration to ensure efficient administration .  He 
noted that amendments to section 49 of the Customs Act 1977 were being prepared.   
18. [The representative of Samoa confirmed th at, from the date of accession, Samoa would not 
introduce, re-introduce or apply quantitative restrict ions on imports, or other non-tariff measures such 
as licensing, quotas, prohibitions, bans and other restri ctions having equivalent effect that cannot be 
justified under the provisions of the WTO Agreement with the exception of those subject to transition 
periods for their amendment or elimination in para graphs [8], [11] and [15].  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 conformity with the relevant requirements of the WTO, in particular Articles XI, XII, XIII, XVIII, XIX, XX, and XXI of the GATT 1994; the Agreements on Agriculture, the Application 
of Sanitary and Phytosanitary Measures, Import Licensing Procedures, Safeguards, and Technical 
Barriers to Trade; and the Understanding on Bala nce of Payments Provisions of the GATT 1994.  
The Working Party took no te of these commitments.] 
Question 32  
Paragraph 1 of the draft suggestion contained in Question 31 above:  Please clarify what 
Ministry issues the Order of Prohibition and site the specific Samoan legal instrument that authorizes it.  Include this information in paragraph 1. 
Answer: 
 
The Order of Prohibition is issued by the Head of  States through the Office of the Attorney General 
by virtue of section 49 of the Customs Act 1977 wh ich is administered by the Ministry for Revenue. 
Question 33  
Paragraph 9 of the draft suggestion containe d in Question 31 above:  Please provide 
information on the questions asked and inco rporate the information in this section. 
Answer:  
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 sa fety inspections for all vehicles.  All left- 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.  
Question 34  
Paragraph 10 of the draft suggestion contained in Question 31 above:  Please describe the 
ongoing Government review and its results to date  and include the information in this section. 
Answer:  
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 th e use of the owner requiring the use of a special 
purpose vehicle for special health needs. WT/ACC/SAM/17 
Page 22  
 
 The prohibition and exemptions will be reviewed onl y after five years since enforced.  This is 
necessary to allow for a smooth transition and su ccessful implementation of the policy change.  
Samoa seeks the understanding of WTO Members. 
Question 35  
Paragraph 15 of the draft suggestion containe d in Question 31 above:  Please confirm that 
replacing a ban on importation with a ban on do mestic sales of the same product will mitigate 
the element of discrimination in these measures and make them more WTO consistent by permitting the importation of turkey tails by individuals for their own consumption. 
Answer:
 
The ban on domestic sales will mitigate discrimination and make them more WTO consistent by 
allowing for the importation of turkey tails by indi viduals for their own private consumption.  Samoa 
has taken on board favourably the suggestion by the Member for the use of appropriate tariff 
regulation.  The use of which is an indication, s till, of the seriousness of Samoa's health problems.  
Samoa seeks the understanding of the Member. 
Question 36  
Paragraph 17 of the draft suggestion contained in Question 31 above:  Please describe the 
amendments and indicate when they will be impl emented.  Please incorporate this information 
in this paragraph.  Please provide copies of the legislation in draft or in final to the Working 
Party.  
Answer:  
There are no amendments to section 49 of the Customs Act 1977. Question 37  
On the subject of Turkey Tails: 
Paragraph 87 states that the ban on  turkey tails was imposed to 
help curb the rise in diseases such as diabetes, high blood pressure and heart and kidney failure.   
- Can Samoa please provide specific informat ion describing on what basis turkey tails 
were singled out as the only food banned in  order to achieve these health objectives? 
- Please explain how Samoa concluded that turkey tails specifically were the primary 
dietary stable responsible for these diseases. 
Answer:  
As earlier explained, the ban aimed to support h ealth preventive measures to curb the real rising 
problem of life style diseases prevalent in Samoa such  as diabetes, high blood pressure, and heart and 
kidney failure.  Turkey tails were singled out not only because they physically appear as just pure fat 
but they were also relatively low priced a nd hence popular with low income families.  
At this stage, Samoa would like to proceed with  the process of removing this ban to address the 
concerns of WTO Members and considering Samoa' s best health interests, as described in the 
suggested text above.  WT/ACC/SAM/17 
 Page 23 
 
 
 Question 38  
In paragraph 96, a Member asked Samoa to explain the objective criteria used to identify this 
specific product and the reason why this product had been prohibited from importation while many other products presenting similar char acteristics were allowed into circulation.  
We cannot find a response to this question in the draft report. 
Answer:
 
Please refer to response to Question 37. Samoa could not very well ban all imported meat for reasons of food security.  The specific ban on 
turkey tail, as described in the response to Ques tion 37 was an initial reaction to the very real and 
grave health problems of Samoa.  To address the c oncern of WTO Members, a nd in consideration of 
Samoa's best interests, Samoa would like to pr oceed with the process of removing this ban, as 
described in the suggested text above. 
Question 39  
It is our understanding from Samoan newspaper articles published at the time, that when the 
ban on turkey tails was initially proposed the ban included several other high fat content meat 
products.  Why were turkey tails th e only product ultimately banned? 
By banning only turkey tails, Samoa appears to  be discriminating against a product primarily 
produced in one Member state, while allowing pr oducts with similarly high fat levels to be 
imported from other countries. 
Answer:
 
Turkey tails were also imported from New Zealand and Australia.  
Please refer to the response to Question 37.  Samo a would like to proceed with the process of 
removing this ban to address the concerns of the Member at the same time considering the best 
interests of the health of Samoa's population.  
Question 40  
In paragraph 99, Samoa states that it will require technical assistance for the scientific testing of 
the fat content of meat products.  Presumably this  is one of the reasons Samoa believes that it 
would need such a long period after the time of  accession to repeal the ban of turkey tails. 
The Member is pleased to inform Samoa that in formation on the fat content of meats and meat 
products are currently available for free fr om www.nal.usda.gov/fnic/foodcomp/search. 
We hope this will encourage Samoa to reconsider ho w long it thinks it will need to bring this 
measure into conformity with WTO provisions. 
Answer:  
Samoa acknowledges the information provided.  Please refer to the revised timeframes as contained in  the suggested text provided in response to 
Question 31. WT/ACC/SAM/17 
Page 24  
 
 Question 41  
We also seek information to be included in th e Working Party Report on Samoa's justification 
for two import bans, one on bees and bee pr oducts (e.g., honey) and one on parrots. 
Answer:
 
Samoa continues to have the highest bee health situ ations in the Pacific.  The import prohibition of 
bees and bee products is necessary to maintain this situation. 
The import ban on parrots dates back to 1958.  There are no records as to the reason behind the ban.  
However, Samoa notes that some parrot species ar e considered endangered worldwide and are on the 
CITES and the IUCN red list of animal life subjected to strict quarantine and customs inspection at the border.  
Question 42  
Paragraph 101 states "[In all other situations, the legal authority of the Government of Samoa 
to restrict or prohibit importation of goods in to Samoa would be applied from the date of 
accession in conformity with the relevant requirements of the WTO…]".  We seek a firm commitment from Samoa that after accession, it will cease using import bans to regulate its 
trade unless these bans can be justified under WTO provisions and demonstrated to be the least 
restrictive measure effective to deal with the problem at hand.  
Answer:
 
Please refer to the response to Question 31.  
- Customs Valuation 
Question 43 
Paragraph 102 - Customs Valuation: ok for transiti onal period.  Not clear whether it is June or 
January 2012 from the texts.  Outcome of the N eeds Assessment? Not clear what means that the 
transitional period will be only related to interpretative notes. 
Answer:  
Samoa's Customs Valuation legislation will be in conf ormity with the WTO provisions by June 2012.  
The Oceania Customs Organisation (OCO) undertoo k the WTO National Needs Assessment on Trade 
Facilitation for Samoa.  The assessment was not specifically for Customs Valuation. 
Please refer to the response to Question 46 and th e revised Table 10:   Customs Valuation Action 
Plan. 
Question 44  
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.    WT/ACC/SAM/17 
 Page 25 
 
 
 Answer:  
Samoa's Customs Valuation legislation will be in full conformity with the WTO Customs Valuation 
Agreement by June 2012.  
Please refer to the revised action plan for Customs Valuation implementation.  
Question 45  
We have reviewed the new legislation on customs valuation enacted by Samoa in 2009 and 2010, 
however.  It covers IPR enforcemen t by Customs Service, data co nfidentiality, and publication 
of rulings.  It does not appear to deal with our previous concern that many of the other specific 
provisions of the WTO Customs Valuation Agreem ent are not reflected in Samoa's current 
legislation. 
Please provide specific legal citations indicating where the other provisions of the WTO 
Agreement on Customs Valuation can be found in  Samoa's laws, or provide draft legislation 
demonstrating how Samoa intends to address this issue during the requested transition. 
Answer:  
It was Samoa's understanding that the Customs Va luation Regulations (CVR) 1998 had already been 
circulated to Members.  In fact, the Regulati ons are referred to in pa ragraphs 102 and 104.  
The Customs Valuation action plan provided also in May 2009 referred to the legislation of Articles 1, 
2, 3, 4, 5, 6, 7, 8, 9, 11, 13, and 15 as having been "completed'.  
The confusion is regretted. Samoa recently shared with Members the CVR 1998 for their comments.  Samoa acknowledges the 
feedback from Members. 
Samoa confirms that the CVR 1998 will be am ended accordingly and would require technical 
assistance to draft the amendments to ensure WTO consistency.  Samoa's Customs Valuation 
legislation will be in conformity with the WTO pr ovisions by June 2012.  Please refer to the revised 
action plan for Customs Valuation. 
Question 46  
Please report on the Oceania Customs Organisat ion's (OCO) review of current legislation to 
ensure that Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 13, 15, 16, 17 are included in Samoa's legislation.  Please also share the details of OCO assistance ou tlined in paragraph 104, which was discussed 
in Apia in May 2010. 
Answer:
 
The representatives from the Oceania Customs Organi sation (OCO) were in Apia in June 2010 to 
undertake the WTO National Needs Assessment on Trad e Facilitation for Samoa.  This was seen as an 
opportunity for Samoa to utilise their technical expe rtise in relation to Samoa's Customs Valuation 
legislation and WTO compliance.  However, Samo a did not formally seek OCO's technical input on 
the matter while they were in Apia. WT/ACC/SAM/17 
Page 26  
 
 Question 47  
Our goal is for Samoa to establish a customs valuation system cons istent with the WTO 
Agreement, and that this system should be opera tional as soon as possible within Samoa's 
legislative and resource constraints.  We do no t reject the request for a transition, but we are 
confused as to why a claim of broad legislativ e implementation of the Agreement was made in 
Samoa's documentation when it appears that this was inaccurate. 
Answer:
 
Please refer to the response to Question 45. The CVR 1998 contain most of the Articles of the WTO Customs Valuation Agreement which was 
the basis for the claim of broad legislative implementation.  
Question 48  
We are prepared to work with Samoa to amend its action plan in Table 10 and its commitment 
to address the additional areas wh ere, in fact, it has not yet provided for implementation of the 
Customs Valuation Agreement in its legislation. 
Answer:
 
Please refer to the responses to Questions 45 and 47; and the revised action plan in Table 10 contained 
in the response to Question 66.  Samoa will require substantial assistance to undertake the 
amendments. 
Question 49  
Prior to the conclusion of the negotiations, we wi ll need to review the draft legislation to ensure 
that this time implementation will, in fact, be ongoing. 
Answer:  
Samoa will seek the assistance of development partne rs to amend its Customs Valuation legislation to 
ensure conformity with WTO provisions. 
Question 50  
We have recently been provided with Samoa's  Customs Valuation Regulations 1998 .  Following 
are out comments on this legislation, with a view to suggesting how it may be brought into 
consistency with the WTO Agreement on the Im plementation of Article VII of the GATT 1994 
(Customs Valuation Agreement). 
Where in the Customs Valuation Regulations 1 998 are the principles recorded in the General 
Introductory Commentary of the WTO Agre ement on Customs Valuation implemented? 
Please provide specific citations. 
Answer:  
The principles are not contained in the CVR 1998.  The principles will be included as part of the 
amendments to the CVR 1998 to ensure WTO consistency.  WT/ACC/SAM/17 
 Page 27 
 
 
 Question 51  
There are typos in Regulation 3(c) of the Customs Valuation Regulations 1998, corrected as 
follows: 
(c) Where any part of the proceeds of any subsequent resale, disposal, or use of the goods 
by the buyer is to accur e, accrue  directly or indirectly, to the seller, the price paid or 
payable for the goods includes the value of that part of the proceeds or can be adjusted 
in accordance with Regulation 4 of this Regulations; or  and.  
Please amend Regulation 3(c) of the Customs Valuation Regulations 1998  to address these 
deficiencies. 
Answer:  
The typos are noted and the CVR 1998 will be amended accordingly.  
Question 52  
The text of Regulation 3(d) of the Customs Valuation Regulations 1998  is incomplete. 
It does not provide for the examination of the circumstances surrounding the sale, and therefore 
is unclear as to how Samoa plans to determine whether the relationship did, or did not, 
influence the price. 
In addition, the text does not make it clear that that, where the buyer and seller are related, 
transaction value can still be acceptable for customs purposes provided that relevant provisions of the WTO Valuation Agreement are met (i.e., the circumstances of the sale of test values).  
Please amend Regulation 3(d) of the Customs Valuation Regulations 1998  to address these 
deficiencies. 
Answer:
 
The deficiencies are noted and will be cons idered when the CVR 1998 will be amended. 
Samoa also notes the comments that the "test values' are only to be used at the request of the importer.   
All Members' comments will be considered when  the CVR 1998 will be amended.  Samoa will 
legislate what is required under the WTO Customs Valuation Agreement. 
Question 53  
Article 1, paragraph 2(a) of the WTO Customs Valuation Agreement:  These provisions are not 
clearly defined in Samoan regulations.   
Specifically, there is no regulation providing  for the examination of the circumstances 
surrounding the sale (transaction value is acce ptable if the related parties satisfy either 
(i) circumstances of the sale test; or (ii) test values).   
Please amend the Customs Valuation Regulations 1998  to provide for these measures. WT/ACC/SAM/17 
Page 28  
 
 Answer:
 
Samoa's legislation will be  amended and would require technical assistance to draft the amendments 
to ensure WTO consistency. 
Question 54  
Article 1, paragraph 2(b) and ( с) of the WTO Customs Valuation Agreement:  We do not see 
these provisions reflected in Samoa's regulations on customs valuation.   
Please provide citations or amend th e Customs Valuation Regulations 1998  to provide for these 
measures. 
Answer:  
Samoa's legislation will be  amended and would require technical assistance to draft the amendments 
to ensure WTO consistency. 
Question 55  
Regulation 7(1) of the Customs Valuation Regulations  1998:  Please indicate where in the 
Regulations it is indicated that, at the request of the importer, the order of application of Articles 5 and 6 of the WTO Valuation Agreement shall be reversed. 
Answer:
 
This is not included in the CVR 1998.  Samoa' s legislation will be amended and would require 
technical assistance to draft the amendm ents to ensure WTO consistency. 
Question 56  
Regulation 7(2) of the Customs Valuation Regula tions 1998:  The text refers to sub-regulation 5 
and sub-regulation 6.   
Please clarify what sub-regulations are referenced in this provision. Answer:
 
Samoa's legislation will be  amended and would requir e substantial technical assistance to draft the 
amendments to ensure WTO consistency. 
Question 57  
Article 6, paragraph 2 of the WTO Customs Valuation Agreement states that information 
supplied by the producer of the goods for the pu rposes of determining the customs value under 
the provisions of this Article may be verified in another country by the authorities of the country of importation with the agreement of th e producer and provided they give sufficient 
advance notice to the Government of the country in question and the latter does not object to 
the investigation.  
The highlighted provision appears to be missing from Samoa's Customs Regulations of 1998.   WT/ACC/SAM/17 
 Page 29 
 
 
 Please provide a citation where the provision can be found, or amend the Customs Valuation 
Regulations 1998  to provide for this measure. 
Answer:  
Samoa's legislation will be  amended and would requir e substantial technical assistance to draft the 
amendments to ensure WTO consistency. 
Question 58  
Article 8, paragraphs 3-4 and Article 9, paragraphs 1-2 of the WTO Customs Valuation 
Agreement:  We do not see these provisions ref lected in Samoa's regulations on customs 
valuation.   
Please provide citations where these provisions ca n be found, or amend the Customs Valuation 
Regulations 1998  to provide for these measures. 
Answer:  
Samoa's legislation will be  amended and would requir e substantial technical assistance to draft the 
amendments to ensure WTO consistency. 
Question 59  
Article 11 of the WTO Customs Valuation Agreem ent provides for the right of appeal, both 
administratively and to the judiciary, without pe nalty.  We do not see the highlighted provisions 
adequately reflected in Samoa's regulations on customs valuation.   
Please clarify as to whether the importer can appeal to the Minister "without penalty."  In addition, Samoan legislation does not appear to provide for the right of appeal without 
penalty to a judicial authority.  Where in Sam oan law or regulation does it provide the right for 
a complainant to appeal to the co urt as well as to the Minister? 
Please provide citations or amend th e Customs Valuation Regulations 1998  to provide for these 
measures. 
Answer:
 
Samoa's legislation will be  amended and would requir e substantial technical assistance to draft the 
amendments to ensure WTO consistency. 
Question 60  
Article 13 of the WTO Customs Valuation Agreement provides that, if there is a dispute or 
imported goods are delayed in customs clearance,  the importer must be able to withdraw the 
goods from customs if he provides sufficient gu arantee, covering the ultimate payment of 
customs duties for which the goods may be liable.  Regulation 13 of the Customs Valuation 
Regulations 1998 dealing with delayed clearance is missing these provisions.  
Please provide citations where these provisions ca n be found, or amend the Customs Valuation 
Regulations 1998  to provide for these measures. WT/ACC/SAM/17 
Page 30  
 
 Answer:
 
Samoa's legislation will be  amended and would requir e substantial technical assistance to draft the 
amendments to ensure WTO consistency. 
Question 61  
Article 14 states that the Interpretative Notes to the Articles of the WTO Customs Valuation 
Agreement are an integral part of the Agreement  and must be reflected in the legislation of 
WTO Members. 
The Interpretative Notes, with the exception of Not es to Articles 1, 5, and 6, are not reflected in 
the text of the Customs Valuation Regulations 1998 .  How does Samoa plan to address that 
deficiency? 
Answer:  
Samoa's legislation will be amended to address the deficiencies identified and would require 
substantial technical assistance to draft the amendments to ensure WTO consistency. 
Question 62  
Article 15 of the WTO Customs Valuation Agreement contains definitions terms relevant to the 
determination of customs valuation.   
Paragraph 2(e) of this Article states that the value of goods produced by a different person shall 
be taken into account only when there are no identical goods or similar goods, as the case may 
be, produced by the same person as the goods being valued.   
However, the provision that officials may consid er the identical or similar goods produced by a 
different person than the valued goods is not reflected in the Customs Valuation 
Regulations 1998 . 
Please provide citations where these provisions ca n be found, or amend the Customs Valuation 
Regulations 1998  to provide for these measures. 
Answer:  
Samoa's legislation will be  amended and would requir e substantial technical assistance to draft the 
amendments to ensure WTO consistency. 
Question 63  
Paragraph 5 of this Article states that sole agent s, sole distributors or sole concessionaires shall 
be deemed to be "related" for the purposes of  the WTO Customs Valuation Agreement if they 
fall within the criteria of paragraph 4.   
The Customs Valuation Regulations 1998 is missing these provisions.  
Please provide citations where these provisions ca n be found, or amend the Customs Valuation 
Regulations 1998 to provide for these measures.  WT/ACC/SAM/17 
 Page 31 
 
 
 Answer:  
Samoa's legislation will be  amended and would requir e substantial technical assistance to draft the 
amendments to ensure WTO consistency. 
Question 64  
Article 17 of the WTO Customs Valuation Agreement provides for the rights of customs 
administrations to satisfy themselves as to the tr uth or accuracy of any statement, document or 
declaration presented for customs valuation purposes.  
The Customs Valuation Regulations 1998 is missing these provisions.  Please provide citations  where these provisions can be found, or amend the Customs Valuation 
Regulations 1998  to provide for these measures. 
Answer:
 
Samoa notes the concerns of the Member and will consider this when Samoa's Customs Valuation 
Regulations will be amended.   
Question 65 
Similarly, we noted that Samoa's contention that its legislation incorporated most of the Articles 
of the WTO Agreement on Customs Valuation and the Interpretative Notes was not born out be 
the legislative drafts in our possession.  We now fi nd that this contention has been made part of 
the commitment on Customs Valuation.   
Answer:  
Please refer to the responses to Questions 45 and 47. 
Question 66 
We seek a formal response to our concern s, transmitted to Samoa in November 2009: 
As you may remember, at the meeting last week, our appreciation of where you are in your plan 
to implement the WTO Agreement on Customs Valu ation is somewhat different from the status 
outlined in the action plan.  You confirmed that  most of the issues are already addressed in your 
legislation and only the following remain to be addressed: 
- Confidentiality; 
- Transparency; and - The Interpretative notes (about 20 per cent of the material is missing). 
That is not our assessment after reviewing the attached legislation.  We see as "missing" 
provisions implementing Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 13, 14, 15, 16, and 17 of the WTO Valuation Agreement.  We had assumed that the legislation implementing these articles 
was contained in Customs Valuation Amendment Regulations 2009, said to be slated for 
enactment this year.  Clearly, there is a gap in  our mutual understanding of where Samoa is on 
this issue.   WT/ACC/SAM/17 
Page 32  
 
 Can you help me figure out why my people think that the only aspects of the WTO Agreement 
implemented by the three laws in the attached  zip file (The Customs Amendment Act 2007, 
Samoan Customs Amendment Regulations 1998, and Customs Amendment Act of 1998) are exemptions from duty, amendment of fees, and duty recovery? 
Following up on my previous email concerning Cu stoms Valuation, we have made an exhaustive 
review of the legislation we have from you (throug h the Secretariat) and it appears clear that we 
are be missing a big chunk of Samoa's legislation on Customs valuation.   
The documents we have are as follows:   (1) Customs Amendment Act 2007 (three pages) Amends the Customs Act of 1977 with 
respect to exemptions from duty, drawback , general power to make regulations, and 
validation of duty concessions assistance previously provided. 
(2) Customs Amendment Act 1998 (three pages) Amends the Customs Act of 1977 (adding 
section 262A) providing additional powers to recover duty and specifying that the means by which the value of goods is to be determ ined for the purpose of  the Customs Tariff 
shall be prescribed by the Regulations.  
(3) Customs Amendment Regulations 1998 (five pages) Amends fees applied through the 
Customs Regulations 1986 (as amended). 
We do not have the Customs Act of 1977 but will ask the Secretariat to provide it to us from 
WT/ACC/SAM/3.  Given its date, however, it is unlikely that the Customs Act of 1977 contains WTO Valuation Agreement provisions.  The WTO Agreement on Customs Valuation was only 
developed in the Tokyo Round of Multilateral Tr ade Negotiations, which concluded in 1979.   
Could you perhaps send us a copy of the Customs Regulations of 1986, as amended?  Would 
they contain the valuation provisions for Articles 1-9, 11, and 13-17 of the Agreement?   
It appears that there are a lot of amendments  to the Customs Act of 1977 as well as to the 
Customs Regulations of 1986 (as amended).   
Answer:
 
As only recently determined, these re gulations were not included in the materials that were initially 
distributed to Members for their review and co mments.  This accounts for the differences in 
understanding between Samoa and Members on Samo a's position in relation to the WTO Valuation 
Agreement.  
A copy of the Samoa Customs Valuation Regulations  has been circulated to Members and Samoa 
acknowledges the feedback received from Members. 
The Customs Valuation Regulations 1998 contain most  of the Articles of the Agreement and were the 
basis for the claim of broad legislative implemen tation which has previously appeared in Samoa's 
documentation.  Many Articles of the Agreement,  while included in Samoa's Regulations, are not 
sufficiently reflected so as to be compliant with the Agreement itself.  This is especially true of 
Article 14 on the Interpretive Notes, of which on ly a section of Annex I is reflected in the 
1998 Regulations. 
Samoa seeks to retain the overall timeframe contained in the Table 10 Action Plan below which is a 
two year transitional period to ensure full conf ormity with the WTO Customs Valuation Agreement 
by June 2012.  Samoa will ame nd its Regulations to rectify the deficiencies identified and would  WT/ACC/SAM/17 
 Page 33 
 
 
 require technical assistance to do so.  This work  will be completed within the timeframe of the 
Table 10 Action Plan.  
Table 10 - Action Plan for the Implementati on of the WTO Customs Valuation Agreement  
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 Cu stoms Valuation Agreement Although these Articles are included in 
Samoa's Customs Valuation Regulations 
1998, there are some deficiencies.  Samoa will seek technical assistance; 
recruit technical expert; 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 expert; and commence 
the drafting of the amendments by end 
February 2011. 
Drafting of amendments to Customs Valuation Regulations 1998 to rectify deficiencies in implementation of Articles of the WTO 
Agreement First draft to be completed by July 2011. 
Tabling of draft Amendment regulations in Parliament 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 Offi cials and Custom s Officers and 
technical assistance mission Completed. 
Workshops for Private Sector on Customs Valuation February 2011, October 2011, 
March 2012. 
Implementation of valuation system in full conformity with WTO 
rules June 2012. 
 
Question 67 
We are also interested in Samoa's views on wh at they expect might be accomplished by a 
secretariat trip that focuses, in part, on  outstanding Customs Valuation issues. 
Answer:  
Samoa welcomes any assistance available that may assist our efforts to accelerate this accession 
process.  The Customs Valuation Workshop proved to be a useful capacity-building exercise for some 
20 Customs and Trade officials.  WT/ACC/SAM/17 
Page 34  
 
 Question 68  
Comments on the Customs Valuation Regulations 1998: In view of the fact that a Member has made an  in-depth reading of the Samoan Regulations in 
question, we do not need to make a detailed lis t of comments, particularly since we find the 
Member's comments (and questions) to be entirely relevant and appropriate. 
Answer:
 
Samoa will amend its Customs Valuation law to re flect the Articles of the WTO Customs Valuation 
Agreement.  Most notable in the comments was th e need for Samoa to inco rporate the Interpretive 
Notes into Samoan law.  Samoa undertakes to ame nd its law to accomplish this.  Please refer to the 
revised Table 8 Action Plan on the Implementation of the WTO Customs Valuation Agreement. 
Question 69 Transaction Value:  Article 3(2) and 3(3) are structurally complex (and perhaps difficult), 
insofar as: 
- Article 3(2)  is the result of combining two provisions (paragraphs (2)(a) and (2)(b) of 
Article 1 of the WTO Agreement.  The diffi culty then arises because the separate and 
distinct application of the so-called "t est values" provision in the WTO Agreement 
(Article 1(2)(b)) is hindered by reason of its becoming part of the conditions which 
require the importer show the relationship did not influence the price.  
It is much better to keep the separation of these provisions, as found in the  WTO Agreement; 
- Article 3(3) represents a codification of the relevant Interpretative Note to 
Article 1(2)(b) of the WTO Agreement.  However, while the provisions of this 
Interpretative Note allow an relatively open -ended  approach, Article 3(3) transforms 
the Interpretative Note into a list of in formation obligations for the importer.  
Consequently, the incorporation into Samoan legi slation of the Interpretative Notes to the WTO 
Agreement would avoid disparities between texts. 
Answer:
 
Noted. The Customs Valuation Regulations 1998 will be amended to separate Articles 3(2) and 3(3) 
of the WTO Agreement into different clauses.  
As stated above, the Interpretiv e Notes will be incorporated. 
Question 70 
Residual basis of Valuation (Fallback Method): Article 9 is the equivalent of Article 7 of the WTO Agreement.  However, Article 9 omits some 
language of Article 7 (WTO) and the Interpretive Note, where it refers to determination of the 
customs value "using reasonable means" consis tent with the overall rules on customs value, 
with reasonable flexible application allowed.   WT/ACC/SAM/17 
 Page 35 
 
 
 Again, this illustrates the importance of the in corporation into Samoan legislation of the 
Interpretative Notes to the WTO Agreement. 
Answer:  
Noted.  The Interpretive Notes will be incorporated. 
Question 71 
Release of Goods by Customs: 
Article 13 refers to the possibility to detain goods in cases where th e Comptroller is not satisfied 
with the correctness of any entry or information provided.  
However, while this is not an empowerment which comes from the WTO Agreement, this 
Agreement  on the other hand specifically provides (Article 13) that  the importer is able to 
withdraw the goods from customs while (and if) it is necessary to delay the final determination 
of the customs value.  
As suggested, it would therefore be appropriate to reflect Article 13 of the WTO Agreement in 
the Samoan law. 
Answer:  
Article 13 was not included when the 1998 Regulations  were drafted because the pre-release of goods 
was already provided for in Samoa's Customs Act 197 7.  However, Samoa will now reflect Article 13 
in the proposed amendments to the Regulations.  
Question 72 
Comments on Part I (Introduction) of  Customs Valuation Regulations 1998: 
The rules on assists contain some specificati ons which are not found in the corresponding 
provisions of the WTO Agreement.  For example, the WTO provision (Article 8(1)(b)(iv)) which 
exempts certain types of assists from inclusion in  the customs value  provided such  assists are 
"undertaken" in Samoa, is made subject to a number of additional precisions.  
A further example is the specific rule which relates to the calculation of the value of an assist 
produced inside and outside Samoa.  
While we do not raise doubts as to the acceptability  of these very specific rules, it is reasonable 
to remark that they go beyond the relevant WTO ru les and highlight the need to ensure, at the 
same time, that the actual WTO rules are al so fully reflected in the law of Samoa. 
Answer:  
This is duly noted and will be reflected in the proposed amendments of the Regulations. WT/ACC/SAM/17 
Page 36  
 
 Question 73  
In relation to another Member's comments, which as indicated above, we concur with on the 
whole, we would make a couple of observations: 
(i) While we agree with the comments on the text of Regulation 3(d), we would formulate 
the point a little differently, and would empha sise that the so-called "test values" are 
only to be used at the request of the Importer. 
(ii) We would not share the concern reflected in the comment with respect to Article 17 of 
the WTO Agreement.  We do not see the need to reflect this provision in the law of 
Samoa. 
Answer:
 
(i) Samoa will consider this emphasis together with the comments provided for Regulation 3(d) 
when the Regulations will be amended.  The revised regulations will be WTO consistent. 
(ii) This is noted and will be taken into consideration when amending Samoa's Customs 
Valuation Regulations. 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Industrial policy, including subsidies 
Question 74  
We were prepared to accept Samoa's request for a short transition period to phase out the 
residual payments from the subsidy programs described in this section that are prohibited under the WTO Agreement.  
However, since these programs are sl ated to expire in July 2010, we do not think a transition 
period is necessary any more.  We would suggest  returning to the previous text, which does not 
change anything for Samoa, but is clearer on what obligations Samoa will have after accession. 
The earlier text which we propose to restore is as follows: 
134. The representative of Sa moa confirmed that [from the date of accession,] Samoa 
would not maintain any subsidies, including export 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 would not be granted after 
that date and Samoa would not introduce any other such prohibited subsidies from the 
day of accession.  [He further confirmed th at any programmes that granted subsidies 
would be administered in line with th e Agreement on Subsidies and Countervailing 
Measures and that all necessary informatio n on notifiable programmes would be 
notified to the Committee on Subsidies a nd Countervailing Measures 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.]  
Answer:  
Please retain the brackets of the proposed text of paragraph 134.   WT/ACC/SAM/17 
 Page 37 
 
 
 Question 75  
If Samoa is still seeking transitional arrangements, we expect that Samoa's draft notification to 
the Committee on Subsidies and Countervailing Measures pursuant to Article 25 of the 
Agreement on Subsidies and Countervailing Measu res will be circulated for Working Party 
review prior to conclusion of the accession negotiations.  
Answer:  
The programs have all expired.  Samoa is not seeking transitional arrangements. 
- Technical barriers to trade, standards and certification 
Question 76  
Paragraph 137:  We disagree with the changes made to this commitment paragraph and we 
seek restoration of the text from the previous  version of the draft Working Party report. 
Upon reflection, we are not prepared to accept "notification" rather than "publication" in the 
text, as this contradicts the provision of Article 2.9.1 of the WTO Agreement on Technical Barriers to Trade.  TBT.  We therefore have am ended our proposed language to confirm that 
the notice referred to is consistent wi th the language of the WTO Agreement. 
We offer the following revised text: 
137. [The representative of Samoa stated  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 notifications, as provided in the WTO TBT 
Agreement on Technical Barriers to Trade .  Samoa would ensure that no technical 
regulations, standards and conformity a ssessment procedures were adopted or 
implemented until Samoa had implemented appr opriate laws ensuring conformity with 
the provisions of the WTO  TBT  Agreement on Technical Barriers to Trade .  
Implementation action shall also include the [publication 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 it ] [notification]  of draft technical 
regulations and conformity assessment require ments for review and comment at least 60 
days prior to implementation, and that the 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 WTO 
TBT Agreement on Technical Barriers to Trade.   The Working Party took note of these 
commitments.]  
Answer:  
137. [The representative of Samoa stated th at Samoa would establish an enquiry point as 
soon as possible within the Ministry of Co mmerce, Industry and Labour, responsible for 
answering all enquiry and notifications, as pr ovided in the Agreement on Technical Barriers 
to Trade.  Samoa would ensure that no tec hnical regulations, standards and conformity 
assessment procedures were adopted or implemented until Samoa had implemented 
appropriate laws ensuring conformity with the provisions of the Agreement on Technical 
Barriers to Trade.  Implementation action shall also  include the early  publication or posting 
on a website  of a notice should Samoa propose to introduce a particular technical regulation;   
in such a manner as to enable interested parti es in other Members to become acquainted with WT/ACC/SAM/17 
Page 38  
 
 it]
 the notification 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 assess ment requirements would be pu blished at least six months 
prior to entry into force.  Samoa would ensure the full conformity of any such legislation with 
the WTO TBT Agreement on Technical Barriers to Trade.  The Working Party took note of 
these commitments.]  
- Sanitary and phytosanitary measures 
Question 77  
The documents related to SPS matters provided an update of the ongoing SPS-WTO accession 
situation and in particular Table 11 included which mentioned the different commitments in 
terms of calendar and time frames  (see below): 
Draft of Regulations By June 2011. 
Passage of Regula tions December 2012. 
Full implementation By 1 January 2012.  In line with target 
output/performance measures. 
 
As already stated Samoa is on right track with  its accession procedure by submitting regular 
updates and shows its great awareness of such ch allenge in terms of accession.  The Member 
welcomes the efforts of SAMOA to comply with th e conformity of provisions of SPS Agreement.  
The Member needs to see how these Regulations will be implemented on grounds and in 
practice when all the relevant regulation will be adopted. 
Answer:  
The Biosecurity Act 2005 is being implem ented following the Operational Manuals.  
Question 78 
Update the information from Question 30 of  document WT/ACC/SAM/14 "the amendment 
(to mandate that SPS measures be published) is to be completed by June 2010".  What's the 
state of play?  
Answer:  
The draft amendments to the Biosecurity Act 2005 w ill include the provision under section 12 that the 
"Chief Executive Officer will ensure  all requirements and conditions re lating to regulated articles are 
published on the website of the Ministry of Agriculture". 
The draft amendments are expected to be availabl e by March 2011.  The delay has been due to the 
unavailability of funds to en able the review to take place.  The review and drafting will be undertaken 
by the FAO through SPC.  
Question 79  
Paragraph 139:  Is Samoa considering to become  a Member of the Office for Epizootics - are 
Samoan import requirements for animals and animal products take into account OIE 
guidelines?  WT/ACC/SAM/17 
 Page 39 
 
 
 Answer:  
Samoa is considering becoming a Member of the OIE.   At the moment, Samoa's interests in OIE are 
represented by the Secretariat of the Pacific Communities (SPC).  Samoan import requirements for animals and animal products do ta ke into account OIE guidelines.  
Question 80  
In the paragraph 148 of document WT/ACC/SPE C/SAM/4/Rev.3 it is mentioned that "EHO 
conducted daily inspections of food premises.  He added that export shipments were inspected 
in their totality.  As for imported goods, only  a sample (600 units per consignment) was subject 
to control upon arrival".  Could they describe  the type of inspection performed on export 
shipment and on imported goods as well? 
Answer:
 
The EHO conducted daily inspections of food premises only.  The export shipments inspections conducted in their totality and the sample inspections for imported 
goods are undertaken by quarantine officials.  The details of these inspections are described in the 
Operational Manuals.  
The revised language for paragraph 148: 
148. In response to a specific question concerning the inspection process of domestic and 
imported/exported products, the representative of Samoa explained that pursuant to the 
Produce Export Ordinance 1961, the Director of Agriculture could enter and inspect any premises where products we re grown or stored.  Meat and fish  inspectors were responsible for 
inspecting meat and fish products and Crops Advisory Officers for performing pest and 
disease controls of root crops.  He added th at export shipments were inspected in their 
totality.  As for imported goods, only a sample (600 units per consignment) was subject to 
control upon arrival.   In addition, the Ministry of Health Environmental Health Officers 
could, under the Food and Drugs Act 1967, inspect premises where food was processed, 
stored and sold, including food processing fact ories, restaurants, s upermarkets, bakeries, 
wholesalers and vendor stalls.  Food for sale could also be inspected.  Pursuant to the Health 
Ordinance Act 1959, Environmental Health O fficers (EHO) were also responsible for 
inspecting food premises in relation to sanitation,  water supply, and occupational health and 
safety.  EHO conducted daily inspections of food premises.  He added that export shipments 
were inspected in their totality.  As for imported goods, only a sample (600 units per 
consignment) was subject to control upon arrival .   
Question 81  
In the paragraph 152 of document WT/ACC/SAM/ 4/Rev.3 it was quoted that draft legislation 
and amendments are published only in "Savali" Gazette.  If such draft legislation and 
amendments may have a significant impact on trade they have to be notified at a draft stage to 
the WTO-Secretariat even based on internationa l standards.  For memory on 30 May 2008, the 
SPS Committee adopted revised recomm ended procedures for transparency1.  The new 
procedures, inter alia , clarify the definition of the comment period, encourage the notification of 
measures conforming to international standards,  and provide links for access to full texts of 
                                                      
1 G/SPS/7/Rev.3 (20 June 2008), Recommended procedures for implementing the Transparency 
Obligations of the SPS Agreement (A rticle 7) as of 1 December 2008 . WT/ACC/SAM/17 
Page 40  
 
 regulations and their translations.  The new tran sparency procedures, including the use of the 
new notification formats, took effect on 1 December 2008, 
Answer:
 
Samoa will notify Members of draft legislation pert aining to SPS measures based on the transparency 
procedures as adopted by the SPS Committee. 
Please refer to response to Question 78. 
The revised language for paragraph 152: 
152. In reply to a question about publication and notification of SPS measures, the 
representative of Samoa explained that Samo a's legislation did not mandate that SPS 
measures be published in the official journal and notified to the WTO in draft stage for public 
comments.  The Samoa Quarantine (BioSecur ity) Act would be amended accordingly to 
reflect this.  The FAO through the South Pacific Community (SPC) under its Bio-Security Adviser Unit would be assisting Samoa's review of the Act.  The review should commence by 
December 2010 once discussions with  the SPC are finalised.  In practice, announcements of 
draft legislation and their amendments were published in the official "Savali" Gazette.  
Samoa will notify Members of draft legisla tion pertaining to SPS measures based on the 
transparency procedures as adopted by the SPS Committee . 
Question 82  
Samoa mentioned regarding the establishment of enquiry officer with MAF that ongoing 
training with capacity required is expected to be  achieved by July 2009.  What's the state of 
play, as WT/ACC/SPEC/SAM/4/Rev.3 has been circulated in April 2010. 
Answer:  
For specific WTO training, the enquiry offi cer with MAF has so far completed the 4th WTO SPS 
Specialised Course in 2009; the WTO/PIFS Advanced Programme on WTO/DOHA Development Agenda Negotiation Issues for Pacific Economies; and awaiting acceptance to attend the Workshop 
on the Transparency Provisions of the SPS Agreem ent at end of 2010.  Other senior staff of the 
quarantine division have also participated in  the workshop on the relationship between the 
SPS Committee and International Standard Setting Or ganizations in addition to utilising the WTO 
e-course available online.  Capacity building is expected to be ongoing.  
A WTO National Workshop on the WTO SPS Agreemen t (and the WTO TBT Agreement) was held 
on the 28-29 September 2010 in Apia.  The workshop aimed to raise the understanding of officials of the WTO SPS and TBT agreements and the work of the relevant committees.  The workshop provided 
the opportunity for some 20 officials to engage in a SPS/TBT dialogue through raising issues and 
discussing them directly with the facilitator from the WTO Secretariat in Geneva.  
Please refer to revised Table 11:  Action Plan for the Implementation of the SPS Agreement contained 
in the response to Question 84. 
Question 83  
We appreciate Samoa's efforts to implement WTO provisions in this area.  We indicated that 
we could accept the limited transition period requested.    WT/ACC/SAM/17 
 Page 41 
 
 
 However, the commitment in paragraph 154 does not reference the essential additional 
commitments included in paragraph 153.  In addi tion, there is extraneous information in the 
action plan chart that dilutes its clarity. 
Answer:  
Please refer to the response to Question 84. Question 84  
We provide suggested changes to the section (see below) to deal with these issues and to ensure 
that the scope of the commitments undertaken by Samoa in this section is accurate reflected in 
the Protocol of Accession. 
Please see below suggested redrafted commitment: 
139. Samoa was a Member of the CODEX Alimentarius Commission, the 
International Plant Protection Convention (IPPC) and the Pacific Plant Protection Organization.  Samoa participates in the development of international standards 
(e.g. plant standards under IPPC through th e Pacific Plant Protection Organisation) 
and follows international standards and gu idelines in the development of national 
standards.   Its interests in the Internationa l Office for Epizootics were represented 
through the South Pacific Community and the FAO. 
150. He added that achieving compliance with the requirements of the SPS 
Agreement was a complex task and further work was required to ensure compliance 
with the SPS Agreement.  While the Quarantine (Biosecurity) Act 2005 mandated a risk based approach, consistent with princi ples of the WTO SPS Agreement, there were at 
present no regulations to implement the speci fic provisions of the WTO Agreement on 
SPS and its annexes.  The Quarantine (Biosecurity) Act 2005 provides a mandate in 
Section 69(1) of the Law for the making of Regulations necessary to implement the Act, 
e.g., for developing administrative procedu res outlining control, inspection and approval 
procedures based on  the principles of the SPS Agreement.   In light of the legal, 
infrastructural, financial and technical constraints faced by Samoa, Samoa was 
accordingly seeking a transition period as ou tlined in the detailed action plan for the 
gradual implementation of the SPS Agreement reproduced in Table 11. 
153. The representative of Samoa requested that the Working Party grant a 
transitional period from the date of Samoa's accession until 1 January 2012 for implementation of the WTO Agreement on Sanitary and Phytosanitary Measures.  
This transition period would allow Samoa to  obtain and utilize technical assistance to 
fully implement the obligations of the Agreement .  During this period, existing measures 
would be applied on a non-discriminatory basi s, i.e., providing for National Treatment 
and MFN treatment to all imports from WTO Members
.  Measures in place, already 
consistent with the provisions of the Ag reement on Sanitary and Phytosanitary 
Measures, would not be subject to transition.  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 WTO SPS Agreement, than existed at the date of accession.  If necessa ry, any SPS standards, technical regulations 
and conformity assessment procedures adopted during the transition period would be developed in conformity with the provi sions of the WTO SPS Agreement, including 
publication prior to implementation to a llow interested parties the opportunity for 
review and comment as provided for in th e WTO SPS Agreement.  Otherwise accepted WT/ACC/SAM/17 
Page 42  
 
 international standards would be adopted.  Pr iority would be given to the establishment 
of a functioning enquiry point and the notification of all of Samoa's existing
 
SPS measures to the Committee on Sanitary  and Phytosanitary Measures.  Samoa 
would review its existing SPS measures and  requirements in light of its obligations 
under the Agreement.  He stressed the importan ce of technical assistance to be provided 
during the period of transition, including under Article 9 of the SPS Agreement.  
He added that Samoa would seek out all availa ble technical assistance to ensure that its 
capacity to implement the WTO SPS Agreeme nt upon expiration of the transition 
period was assured.  Samoa would fully part icipate in the work of the Committee on 
Sanitary and Phytosanitary Measures.  He d rew the attention of Members to the Action 
Plan in Table 11, 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 11:  Action Plan for the Implementation of the SPS Agreement (Revised)  
Action  Timeframe and Comments  
Parliamentary passage of Quarantine (Bio 
security) Act 2005 which mandates a risk based 
approach consistent with principles of 
SPS Agreement establishing risk assessment as 
basis for SPS regime,  Completed.  
Introduction of new standards, animal health 
regulations and food safety regulations in 
conformity with the SPS Agreement principles.  The introduction of new regulations following the 
principles set out in the Biosecurity Act and  based 
on risk assessment by [date].  
Further development of quarantine website, 
www.samoaquarantine.gov.ws to improve 
notification and acce ss to documentation.  Secured technical assistance to improve operation 
of the website to meet WTO requirements by June 
2009.  
Training of enquiry officer with MAF:  
 Ongoing training through July 2009.  Technical 
assistance provided by New Zealand and Australia.  
Establishment of enqu iry point with MAF  
Head of Quarantine Division  
Ministry of Agriculture  
Email:  CEO@samoaquarantine.gov.ws  
Tel:  (685) 20924  
Fax:  (685) 20103  Enquiry point is established and functional.  
Drafting and establis hment of implementing 
regulations, including control, inspection and 
approval procedures.  Drafted by [date].  
Implementing Regulations to be formally 
established January 2012  
Further identification of regulations necessary 
for giving full effect to the Act (if any).   
Identify regulations through review to be 
undertaken by SPC which will commence by 
December 2010.  
Draft of Regulations  
Passage of Regulations.  By June 2011.  
December 2012.  
Upgrade and strengthen facilities and 
equipment.  (Require x-ray machines, more 
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 pr ocedures to be ready 
January 2012.   WT/ACC/SAM/17 
 Page 43 
 
 
 Action  Timeframe and Comments  
National Awareness Workshops on SPS (to 
include ????).  
WTO TA Mission  
Further workshops  September 2009.  
June 2010.  
June 2011.  
January 2012  
Planned for 2010.   
Planned for 2011 and 2012.  
SPS specific intensive training of at least 
15 quarantine officials.  
Explore other sources of technical assistance.  WTO TA mission 2010.  The outcome of this 
mission should provide more details on the training 
and capacity building needs.  
Follow up training October 2011, March 2012.  
Ongoing  
National awareness programmes on 
SPS implementation (to include customs officers, 
private sector people and civil society).  2010, June 2011, January 2012.  In line with 
targeted output/performance measures for 
2010/2011.  
Full implementation.  By  1 January 2012.  In line with target 
output/performance measures.  
 
154. The representative of Samoa confirmed th at Samoa would progressively implement the 
provisions of the WTO Agreement on the Applicat ion of Sanitary and Phytosanitary Measures 
within the timetable provided for in Table 11 (a bove).  Samoa would ensure 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 [153 ], would be applied by Samoa.  He fu rther confirmed that Samoa would consult 
with WTO Members upon request if they deem ed that any measures applied during the 
transition period affected their trade negativ ely.  The Working Party took note of these 
commitments. 
Answer:  
The proposed language for pa ragraph 139 is acceptable. 
Samoa will utilise the review of the Biosecurity Act to be undertaken by SPC  to identify the necessary 
implementing regulations.  We propo se the following for paragraph 150: 
150. He added that achieving compliance w ith the requirements of the SPS Agreement 
was a complex task and further work was required to ensure compliance with the 
SPS Agreement.  While the Quarantine (B iosecurity) Act 2005 mandated a risk based 
approach, consistent with principles of th e WTO SPS Agreement, there were at present no 
regulations to implement the specific provisions of the WTO Agreement on SPS and its annexes.  The SPC will be  undertaking a review of 
the Quarantine (Biosecurity) Act 2005 and 
identify the necessary implementing regulations.  provides a mandate in Section 69(1) of the 
Law for the making of Regulations necessary to  implement the Act, e.g., for developing 
administrative procedures outlining control, insp ection and approval procedures based on  the 
principles of the SPS  Agre ement.  In light of the legal, infrastructural, financial and technical 
constraints faced by Samoa, Samoa was accordingly seeking a transition period up to 
December 2012  as outlined in the detailed action plan for the gradual implementation of the 
SPS Agreement reproduced in Table 11. 
For the proposed paragraph 153 text, the review of existing SPS measures will be undertaken as part 
of the SPC review of Samoa's legislation.  With  the relevant technical expertise secured, the 
notification of existing SPS measures would be submitted prior to the completion of Samoa's 
accession. WT/ACC/SAM/17 
Page 44  
 
 Revised Table 11:  Action Plan for the Implementation of the SPS Agreement: 
Table 11:  Action Plan for the Implementation of the SPS Agreement
 
Action Timeframe and Comments 
Parliamentary passage of Quarantine (Bio security) 
Act 2005. Completed. 
Draw-up and formulate Operational Manuals to aid 
the implementation of the Bio-security Act 2005. Completed. 
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 assist in further 
operational improvement of website should be 
maintain into an on-going status. 
Signatory to International Organizations, to keep update on SPS issues and follow the required 
mandates. Samoa is a signature to IPPC, Codex and it's interest 
to OIE is represented by the regional organization of 
Secretariat to Pacific Communities (SPC).  
Establishment of enquiry point with in MAF 
Head of Quarantine  Ministry of Agriculture and Fisheries 
Quarantine Division 
Email: aceo@samoaquarantine.gov.ws Tel: (685) 20924 
Fax: (685) 20103 Established and currently functional.  This is the 
contact point for all SPS and administrative procedures. 
 
Training of enquiry officer with MAF: Ongoin g as opportunities arise.  Already completed 
are: - Completed 4
th Specialised Course on SPS - 
2008/2009. 
- Attended the Advance Programme on 
WTO/DOHA/PIFS Development Agenda on 
Negotiation Issues for Pacific Economies - 
2009. 
- Coordinate and attended the National Workshop 
for Public Servants on SPS/TBT Agreement in Samoa - 2010. 
- Attended the Workshop on Transparency 
Provision of the SPS Agreement - 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.  
Implement a National Awareness Workshop on the 
SPS Agreement to cover all stakeholders and other 
interest parties.  September or October 2011. 
SPS specific intensive training of at least 
15 quarantine officials. Should be an on-going activity of the Quarantine 
division and likewise as opportunities to train 
elsewhere should be encourage. 
Legislation Review: 
Pesticide Regulation 
Bio-security Act 2005 Review currently in progress - should be completed 
by end of 2011. 
FAO/SPC recruiting legal consultant to do the review 
and the proposed amendments.  - Target is to complete by the end of 2011. 
Full implementation. By  1 January 2012.   
(In line with the targeted performance measures to be 
completed) 
  WT/ACC/SAM/17 
 Page 45 
 
 
 - Agricultural policies 
 (c) Internal policies 
Question 85  
In paragraph 169, Samoa states that price support  policies for agricultural products had been 
abolished.  If there is no intention of using these policies in the future, we recommend the 
Working Party Report be updated to reflect this as a commitment. 
Answer:  
Agriculture is the backbone of Samoa's economy .  A commitment as recommended is not supported 
and follows the absence of any su ch commitments made by recen tly acceded WTO Members from the 
Pacific region.  
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME Question 86  
Paragraphs 176-210, Table 11:  At the outset, we note that, for the second time, our suggested 
revised Working Party Report text on TRIPS, including commitment text, has not been reflected in the revised Working Party Report draft.  We submitted extensive comments and 
drafting suggestions in June 2009 and again in October 2009.  Our views are still missing from 
the document.   
We resubmit our proposal with updated written comments (see below), in the hope that this 
time, it will be considered and included: 
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME - GENERAL 
176. The representative of Samoa said that intellectual property was regulated by the 
Trademarks Act 1972, the Industrial Desi gns Act 1972, the Patents Act 1972 and the 
Copyright Act 1998.  While the Copyright Act 1998 complied with WTO TRIPS standards, other pieces of legislation woul d have to be revised to be brought into 
conformity with the TRIPS Agreement.  In this regard, his Government was receiving 
technical assistance from the Regional Focused Action Plan, which was a joint 
programme by World Intellectual Property Or ganization (WIPO), IP Australia and the 
Pacific Islands Forum Secretariat.  Addi tional assistance was required, including 
training for specialized personnel and the public and awareness programmes. 
177. He accordingly requested that Samoa be granted a transitional period until 
January 2013.  He proposed an action pl an to achieve WTO conformity, which is 
reproduced in document WT/ACC/SAM/13.   He added that Samoa was seeking 
technical assistance to ensure the proper and timely implementation of its obligations under the TRIPS Agreement.   WT/ACC/SAM/17 
Page 46  
 
  - Responsible agencies for policy formulation and implementation 
178. The representative of Samoa said that responsibility for formulation and 
implementation of intellectual property policy rested with the Registries Division of the Ministry of Commerce, Industry and Labour.  
 - Participation in international intellectual property agreements 
179. The representative of Samoa said that Samoa had been a Member State of 
WIPO, since 11 October 1997.  Samoa had depo sited its Instrument of Accession to the 
Berne Convention for the Protection of Literary and Artistic Works in April 2006 and had formally acceded to the Convention on 21 July 2006.  He added that Samoa also 
intended to join the Paris Convention for the Protection of Industrial Property.  At 
present key Ministries lacked expertise ab out the obligations created under the TRIPS 
Agreement.  His Government was seeking more information on the Geneva Phonogram 
Convention, the WIPO Copyright Treaty , the WIPO Performance and Phonogram 
Treaty and the 1961 Rome Convention.  Samoa recognized that cooperation with other 
Forum Group countries in the area of intell ectual property protection would be useful, 
and membership of the Patent Cooperation Treaty, the Madrid Protocol and the Hague 
Agreement would facilitate compliance with the TRIPS Agreement.  Samoa intended to 
accede to these treaties by [1 January 2013].  Care had been taken to ensure that all 
intellectual property legislation was in line with the provisions of these Conventions.  
The provisions, particularly those relating to national treatment, priority and protected 
properties were fully enforced.   
Answer:  
 - Industrial Property Protection  
176. The representative of Samoa said that intellectual property was regulated by the 
Trademarks Act 1972, the Industrial Designs  Act 1972, the Patents Act 1972 and the 
Copyright Act 1998.  While the Copyright Act 1998 complied with WTO TRIPS standards, 
other pieces of legislation would have to be revi sed to be brought into conformity with the 
TRIPS Agreement.  He said that the Govern ment of Australia through the Australian Aid 
Agency (AUSAID) under a partnership agreemen t with his Government will fund the review 
and modernisation of Samoa's intellectual prope rty legislation.  He added that additional 
assistance will be required for training, capac ity building and awareness programmes for the 
staff of the Companies and Intellectual Proper ties Registries, stakeholders and the public.  
177. He accordingly requested that Samoa be granted a transitional period until 
1 July 2013 or until such a date on which it ceases to be an LDC in line with the Decision of 
the Council for TRIPS in the Doha Declarati on on transition period under Art. 66.1 for LDC 
Members (IP/C/40)  until January 2013.   He proposed an action plan to achieve WTO 
conformity, which is reproduced in document  WT/ACC/SAM/13.  He added that Samoa had 
secured  technical assistance to ensure the proper and timely implementation of its obligations 
under the TRIPS Agreement.   
- Responsible agencies for policy formulation and implementation  
178. The representative of Samoa said that responsibility for formulation and 
implementation of intellectual property policy rested with the Registries of Companies and 
Intellectual Properties  Division of the Ministry of Commerce, Industry and Labour.   WT/ACC/SAM/17 
 Page 47 
 
 
 179. The representative of Samoa said that Samoa had been a Member State of WIPO, 
since 11 October 1997.  Samoa had deposited its Instrument of Accession to the Berne Convention for the Protection of Literary and Artistic Works in April 2006 and had formally 
acceded to the Convention on 21 July 2006.  He added that Samoa also intended to join the 
Paris Convention for the Protection of Industrial Property.  At present key Ministries lacked 
expertise about the obligations created under the TRIPS Agreement and therefore capacity 
building programmes were necessary.  His Government was seeking more information on the 
Geneva Phonogram Convention, the WIPO Copyright Treaty, the WIPO Performance and Phonogram Treaty and the 1961 Rome Convention.  Samoa recognized that cooperation with other Forum Group countries in the area of intellectual property protection would be useful, 
as well as 
and membership of the Patent Cooperation Treaty, the Madrid Protocol and the 
Hague Agreement.  would facilitate compliance with the TRIPS Agreement.   Samoa intended 
to accede to these treaties by [1  January  2013] .  Care had been taken to ensure that all 
intellectual property legislation was  were in line with the provisions of these Conventions.  
The provisions, particularly those relating to national treatment, priority and protected 
properties were fully enforced.   
- Application of national and MF N treatment to foreign nationals 
Question 87 
180. The representative of Samoa said that  Samoa applied the same fees and charges 
to foreign and Samoan nationals for the reg istration of trademarks, industrial designs 
and patents.  He had provided a copy of the revised schedule of fees, effective since 1 
July 1998, in document WT/ACC/SAM/4/Add.1.  He added that these fees were applied 
on a non-discriminatory basis to a ll domestic and foreign right-holders.  
Answer:  
Samoa proposes revised text. 
180. The representative of Samoa said that Sa moa applied the same fees and charges to 
foreign and Samoan nationals for the regist ration of trademarks, industrial designs and 
patents.  He had provided a copy of the revised  schedule of fees, effective since 1 July 1998, 
in document WT/ACC/SAM/4/Add.1. effective since 26 October 2007.   He added that these 
fees were applied on a non-discriminatory basi s to all domestic and foreign right-holders.  
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AN D MAINTENANCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Copyright and related rights Question 88 
184. Protection was provided for the lifetime of the author and 75 years after his/her 
death or the death of the last surviving author in the case of joint authorship.  In 
addition, Part V, section 33 of the Copyrigh t Law requires that copyright protection be 
applied to all works which, at the moment B erne becomes effective, have not fallen into 
the public domain in the country of origin thro ugh the expiry of the term of protection.  
For Samoa, that date was April 2006.  Copyright was administered by the Ministry of 
Commerce, Industry and Labour.   WT/ACC/SAM/17 
Page 48  
 
 Answer:
 
The proposed paragraph 184 is acceptable.  Samoa o ffers the following text for paragraphs 187, 188 
and 190. 
187. A Member of the Working Party asked whether the customary term of protection, 
under the Copyright Act, applied to works of folklore in cases wher e there was no readily 
identifiable author of the copyrightable folklo re in question.  He further enquired whether 
Samoan legislation dealt with such cases.   The customary term of protection is not defined 
under the law.  It should be noted that expressions of folklore are taken to belong to a 
particular community or  groups of individuals'. In response, the representative of Samoa stated 
that the customary term of protection specifically for copyright is not defined under the law.  
However, section 29 of the Copyright Act provi ded for the customary term of protection for 
folklore which Samoa  has interpreted to apply to copyright .  He further noted that expressions 
of folklore are taken to belong to a particular community or groups of individuals .  He also 
stated that a competent authority, determ ined by the Minister, would authorize the 
reproduction; communication to the public; adapta tion; translation; and other transformation 
of expressions of folklore, when such work s had been created for commercial purposes or 
outside their traditional customary context. 
188. The representative of Samoa said that trad emarks were protected, in accordance with 
the Trademarks Act 1972.  Protection was grante d to marks with distin ctive characteristics, 
not causing confusion and not contrary to law or  morality.  Application for registration of a 
mark was to be submitted to the IP Registra r of the Ministry of Commerce, Industry and 
Labour.  Applications for registration of trademarks are advertised  Decisions to grant a 
trademark were published  in the Official Gazette (Savali).  Any person could oppose the 
registration of a trademark, within three mont hs from the date of the advertisement of an 
application, by giving notice to the Registrar of IP .  Upon notification of the opposition, the 
applicant had three months to provide a counter statement, after which the IP Registrar would 
take the final decision.  The term of protection for trademarks was  is 14 years and could be 
renewed.  Applications  for renewal shall be were to be  submitted within the 12 months 
preceding the expiration of the term of protecti on.  The Trademarks Act provided for priority 
registration of overseas trademarks.  In such cases, the date of local  overseas  registration 
would be the priority  date.  of entry into force of the registration overseas .   
190. The Trademarks Act did not contain any specific provisions concerning service marks 
and well-known marks, although some of th em were protected under the Act, or the 
nullification of protection in case of non-use.  However, the Trademarks Act was being revised to be brought into conformity with  the TRIPS Agreement.  Explicit provisions on 
service marks and well-known marks would be included in the Trademarks Act.  Samoa was receiving technical assistance from WIPO
 the Government of Australia  in this regard.  
- Geographical indications, including appellations of origin Question 89 
191. The representative of Samoa said that Samoa had not enacted any legislation 
with regard to the protection of geographica l indications (GIs), including appellations of 
origin.  He noted, however, that legislatio n on GIs had been drafted and submitted to 
Members of the Working Party for review.  Comments and suggestions have been 
received and would be taken into account wh en the GI Bill is reviewed under the IP 
review project being funded by the Governme nt of Australia.  Parliamentary passage 
was expected by 2012.  Parliamentary pass age was expected by the end of 2012.   WT/ACC/SAM/17 
 Page 49 
 
 
 In response to a question, he noted that Samoa wished to protect ava Samoa, nonu  (or 
noni ), elei prints, and vailima  brand.  
Answer:  
191. The representative of Samoa said th at Samoa had prepared a draft Bill  not enacted 
any legislation with regard  to the  protection  of geographical indications (GIs), including 
appellations of origin.  He noted, however, th at legislation on GIs had been drafted and 
submitted to Members of the Working Party fo r review.  Comments and suggestions have 
been received and would be taken into account when the GI Bill is reviewed under the IP 
review project being funded by the Governme nt of Australia.  Parliamentary passage was 
expected by the end of 2012.  In response to a question, he noted that Samoa wished to 
protect ava Samoa, nonu  (or noni), and elei prints.  and vailima  brand.  
Question 90 
192. [A Member asked whether Samoa woul d protect domestic GIs, since the 
proposed legislation appeared to provide on ly 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 GIs identified a 
good as originating in a particular territory .  Therefore, GIs could not be applied to 
services, but only to goods.]   
Answer:
 
192. [A Member asked whether Samoa would pr otect domestic GIs, since the proposed 
legislation appeared to provide only for the re gistration 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 ame nd the draft legislation to provide for the 
registration of GIs that identify either goods and/or services and not only goods.  
The representative of Samoa replied that at the moment  GIs identified a good as originating in 
a particular territory.  He noted however that  the GI framework is evolving and understood 
that some countries have now included the pr otection of services under their GI legislation .  
Therefore, GIs could not be applied to services, but only to goods .] 
Question 91 
193. [A Member noted that Article 6(c) of the draft GI Bill provided that an 
indication would not be protected as a GI, if it was not, or had ceased to be, protected in 
its country of origin.  The same Member as ked Samoa to clarify how the IP Registrar 
would determine whether a GI was protected in its country of origin and/or whether protection had ceased.  The representative of Samoa replied that the IP Registrar would exchange information with GI registers in foreign IP offices, as was the practice for 
trademarks.  On the basis of the exchange  of information, the IP Registrar would 
determine whether the protection of a GI had ceased in its country of origin.] 
Answer:
 
193. [A Member noted that Article 6(c) of the draft GI Bill provided that an indication 
would not be protected as a GI, if it was not, or had ceased to be, protected in its country of origin.  The same Member asked Samoa to clarify how the IP Registrar would determine WT/ACC/SAM/17 
Page 50  
 
 whether a GI was protected in its country of origin and/or whether protection had ceased.  The 
representative of Samoa replied that the IP Re gistrar would exchange information with GI 
Registrars
 registers  in foreign IP offices, as was the prac tice for trademarks.  On the basis of 
the exchange of information, the IP Registrar would determine whether the protection of a GI 
had ceased in its country of origin.] 
Question 92 
194. [The representative of Samoa agreed with the proposal by a Member to amend 
Article 6(d) of the draft GI Bill to replace the expression "in the Samoan language" with "in Samoa".  He confirmed that the propo sed amendment would provide further clarity 
and would be considered in detail when the Bill is reviewed.] 
195. [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.  Therefore, 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 tradem ark, either owned by another party and 
registered in Samoa, or of which another pa rty had acquired rights in Samoa, would not 
be protected in order to avoid confusion.  Article 6(f) would provide that GIs for goods 
or services, that are not recognized in Sa moa, would not be protected.  The same 
Member further added that Article 22(b) of the draft GI Bill could be deleted, if the 
proposed Article 6(e) were included.  Th e representative of Samoa noted that his 
Government would consider the inclusion of Article 6(e) and the deletion of Article 22(b).  However, he noted that, as provided for in Article 6(f) of the draft GI Bill, GIs protected in Samoa should not only 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.]  
196. [In response to a specific question, the representative of Samoa stated that any 
trademark registered prior to the enactment of the draft GI Bill would not be revoked.  He further added that under section 19 of the draft GI Bill, the IP Registrar would be 
entitled to invalidate the registration of any GI with respect to goods that are not originating from the indicated territory.  The same Member asked Samoa to further 
clarify what "relief" would be provided pursuant to Article 22.3 of the draft GI Bill.  
The representative of Samoa answered th at Article 22.3 provided that trademarks, 
registered prior to the enactment of the draft GI Bill, would continue to be protected.] 
Answer:
 
The text here appears to be the same as the text  in the draft Working Party Report 30 April 2010.  
The brackets to be maintained. 
- Industrial designs 
Question 93 
197. The representative of Samoa said that  industrial designs were protected under 
the Industrial Designs Act 1972.  Only new industrial designs filed for the first time in Samoa, which had not been disclosed to the public during the six months preceding the 
filing, could be registered under this Act.  Applications for registration were to be  WT/ACC/SAM/17 
 Page 51 
 
 
 submitted to the IP Registrar of the Mini stry of Commerce, Industry and Labour.  A 
specimen of the object incorporating the industrial design, or a photographic or graphic representation of the industrial design, along with information about the kind of products for which the industrial design would be used, should be attached to the application.  Protection could be provided to joint creators of industrial designs and 
their successors.  Priority claims for industr ial designs, already filed in another country, 
were to be accompanied by a written declaration specifying the date and reference of the earlier application; the name of the country , in which the industrial design had already 
been registered; the name of the applican t; and a certified copy of the previous 
application.  The term of protection was of five years and could be renewed twice.  For 
nationals from countries granting recipr ocal treatment to Samoan nationals, 
the Minister could suspend the registration requirements.  He acknowledged that this provision was inconsistent with the MFN principle of the TRIPS Agreement.  
Answer:
 
197. The representative of Samoa said that indu strial designs were protected under the 
Industrial Designs Act 1972.  Only new industria l designs filed for the first time in Samoa, 
which had not been disclosed to the public dur ing the six months preceding the filing, could 
be registered under this Act.  Applications fo r registration were to be submitted to the IP 
Registrar of the Ministry of Commerce, Industry and Labour.  A specimen of the object incorporating the industrial design, or a photographic or graphic representation of the industrial design, along with information about the kind of products for which the industrial 
design would be used, should be attached to the application.  Protecti on could be provided to 
joint creators of industrial designs and their succes sors.  Priority claims for industrial designs, 
already filed in another country, were to be accompanied by a written declaration specifying 
the date and reference of the earlier applica tion; the name of the country, in which the 
industrial design had already been registered; the name of the applicant; and a certified copy 
of the previous application.  The term of pr otection was of five years and could be renewed 
twice.  For nationals from countries granting reciprocal treatment to Samoan nationals, 
the Minister could suspend the registration requirements.  He acknowledged that this 
provision was inconsistent with the MFN princi ple of the TRIPS Agreement.  It should be 
noted that during the IP Legislative Review and Modernisation project funded by AusAID the 
Industrial Designs Act will be modernised to make it consistent with the TRIPS Agreement.  
- Patents Question 94 
200. A Member noted that the term of prot ection of 16 years was inconsistent with 
Article 33 of the TRIPS Agreement, which provided for 20 years.  In reply, the representative of Samoa said that his Gov ernment would review the Patents Act 1972 to 
bring it into conformity with the TRIPS Agreement. 
Answer:
 
200. A Member noted that the term of prot ection of 16 years was inconsistent with 
Article 33 of the TRIPS Agreement, which provide d for 20 years.  In reply, the representative 
of Samoa said that his Government would review the Patents Act 1972 to bring it into conformity with the TRIPS Agreement.  The in consistencies in the dur ation of protection of 
patent will be rectified when the Patents Act is modernised under the AusAID funded  project 
on the Review and Modernisation of IP legislation  WT/ACC/SAM/17 
Page 52  
 
 - MEASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY RIGHTS 
Question 95 
204. The representative of Samoa said that Samoa had no specific provisions to 
control the abuse of intellectual property rights.  A Member enquired whether there were any enforcement provisions.  The same Member further asked if any legislation 
was intended to provide civil procedures  and remedies; provisional measures; 
administrative procedures and remedies; special border measures; and criminal 
penalties, consistent with the TRIPS Agree ment.  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 enforce 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: 
 
204. The representative of Sa moa said that Samoa had no  there are  specific provisions to 
control the abuse of intellectual property rights.   A Member enquired whether there were any 
enforcement provisions.  The same Member further asked if any legislation was intended to provide civil procedures and remedies; provisional measures; administrative procedures and remedies; special border measures; and crim inal 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 enforce 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 Ac t 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. 
- ENFORCEMENT 
Question 96 
205. The representative of Samoa said that  the current legislation needed to be 
amended to include provisions on civil pro cedures and remedies; provisional measures; 
administrative procedures and remedies; special border measures; and criminal 
penalties, consistent with the TRIPS Agree ment.  Such amendments  would provide for 
judicial review of administrative decisions concerning intellectual property rights and 
provide customs officials with the authority to seize imports of infringing goods.  Further measures envisaged that the filing syst em of IP-related applications would be 
computerized, and that a copyright-enforcemen t agency would be estab lished.  Training 
of enforcement officers, judg es and technical staff was being conducted with the support 
of WIPO and other international organizations. 
Answer: 
 
205. The representative of Samoa said that the cu rrent legislation needed to be amended to 
strengthen the current  include  provisions on civil procedures and remedies; provisional 
measures; administrative procedures and remedies; special border measures; and criminal  WT/ACC/SAM/17 
 Page 53 
 
 
 penalties, consistent with the TRIPS Agreem ent.  Such amendments would provide for 
judicial review of administrative decisions concerning intellectual property rights and provide  
customs officials with the authority to seize imports of infringing goods.  In addition the 
amended legislation is envisaged to provide the IP officers with the power to search and 
confiscate any goods that are in circulati on that is deemed to infringe IP rights.   Further 
measures envisaged that the filing system of IP-related applications would be computerized, 
and that a copyright-enforcement agency woul d be established.  Training of enforcement 
officers, judges and technical staff was being conducted with the support of WIPO and other 
international organizations. 
Question 97 
209. Some Members noted that the TRIPS Ag reement provided flexibilities, designed 
to facilitate the accession of least-develop ed countries to the WTO.  Members would 
support Samoa's implementation of the TRIPS Agreement through a transitional 
period, addressing the flexibility referred to in paragraph 209.  The commitment 
offered, however, would require adjustment to  confirm Samoa's obligations and set the 
requested transition period.  An initial review of Samoa's TRIPS Implementation 
Check-list, contained in WT/ACC/SAM/11, indicated large gaps in Samoa's current 
capacity to administer a WTO-consistent intellectual property regime.   
209bis. Some Members were concerned that sev eral TRIPS requirements, including the 
most-favoured nation and national treatment provisions of the TRIPS Agreement, had 
not been included in Samoa's legislation.  In addition, several important types of 
intellectual property were not covered at all,  and Samoa lacked adequate enforcement 
mechanisms to protect intellectual propert y, even when provisions requiring such 
protection existed in law.  The representative of Samoa acknowledged that Samoa's 
current intellectual property regime did not conform fully to WTO requirements.  
Further work would be needed to bring its legislation into conformity with WTO rules 
and obligations.  He accordingly requested th at Samoa be granted a transitional period 
to 1 January 2013 permitting Samoa to comple te this process after its accession to the 
WTO.  Technical assistance would be re quired to help introduce the necessary 
legislative changes and efforts in that direction were already underway.  
Answer:  
Samoa proposes revised text for 209 bis with brackets to be maintained.  
[209bis.  Some Members were concerned that several TRIPS requirements, including the 
most-favoured nation and national treatment pr ovisions of the TRIPS Agreement, had not 
been included in Samoa's legislation.  In a ddition, several important types of intellectual 
property were not covered at all, and Samoa lacked adequate enforcement mechanisms to 
protect intellectual property, even when provisi ons requiring such protection existed in law.  
The representative of Samoa acknowledged that Sa moa's current intellectual property regime 
did not conform fully to WTO requirements.  Further work would be needed to bring its legislation into conformity with WTO rules a nd obligations.  He accordingly requested that 
Samoa be granted a transitional period to 1 
January  July 2013 permitting Samoa to complete 
this process after its accession to the WTO.   Technical assistance would be required to help 
introduce the necessary legislative changes and efforts in that direction were already 
underway.  The representative of Samoa informed  that the Government of Australia has 
provided assistance to fund a legal consultant to review and accordingly amend Samoa's IP 
legislation for WTO consistency and in the IP interests of Samoa.]   WT/ACC/SAM/17 
Page 54  
 
 Question 98 
[209ter.  The representative of Samoa thanked the Working Party for its recognition 
that technical assistance would be required and the Governments concerned for the 
technical assistance that they had already provided.  For the reasons given above, the 
Government of Samoa requested that the Work ing Party grant a transitional period to 1 
January 2013 from the date of its accession, to  obtain technical assistance and equip the 
Government to fully implement the obligations  of the TRIPS Agreement, particularly in 
the areas of Patents and Trademarks.  He confirmed that, if such a transitional period 
were granted, Articles 3, 4 and 5 of the Agree ment, providing for, inter alia, national 
treatment and MFN treatment would apply from the date of accession, and Samoa 
would ensure that any changes made in its laws, regulations and practice in the 
transitional period would not result in a lesser degree of consistency with the provisions 
of the TRIPS Agreement that existed on th e date of accession.  The representative of 
Samoa confirmed that the terms of its accession did not preclude access of Samoa and 
LDCs to the benefits under the Doha Decl aration on the TRIPS Agreement and Public 
Health (WT/MIN/(03)/SR/4).  The Working Party took note of this commitment.]  
Answer:  
Samoa proposes revised text and brackets to be maintained. 
[209ter.  The representative of Samoa thanked the Working Party for its recognition that 
technical assistance would be required and th e Governments concerned for the technical 
assistance that they had already provided.  Fo r the reasons given above, the Government of 
Samoa requested that the Working Party grant a transitional period to 1 July January  2013 to 
undertake the relevant legislative reform from the date of its accession , to obtain technical 
assistance  and equip the Government to fully implement the obligations of the TRIPS 
Agreement, particularly in the areas of Patents and Trademarks.  He confirmed that, if such a 
transitional period were granted, Articles 3, 4 and 5 of the Agreement, providing for, inter 
alia, national treatment and MFN treatment would apply from the date of accession, and 
Samoa would ensure that any changes made in  its laws, regulations  and practice in the 
transitional period would not result in a lesser degr ee of consistency with  the provisions of the 
TRIPS Agreement that existed on the date of accession.  The representative of Samoa confirmed that the terms of its accession did not preclude access of Samoa and LDCs to the benefits under the Doha Declaration on the TRIPS Agreement and Public Health 
(WT/MIN/(03)/SR/4).  The Working Party took note of this commitment.] 
Question 99 
209quater.  The representative of Samoa also stated that, should a transition be granted, 
existing rates of infringement would not in  his view increase significantly over this 
transition period and that any infringement of intellectual property rights would be 
addressed immediately in cooperation and with assistance from affected right holders.  
He added that Samoa would seek out all available technical assistance to ensure that its capacity to enforce fully its TRIPS-consis tent legal regime upon expiration of the 
transition period is assured and that Sam oa would make available TRIPS legislation in 
draft and promulgated form to the WTO Se cretariat for circulation to interested WTO 
Members prior to the conclusion of the ne gotiations.  In response to requests from 
delegations for more specificity, the repre sentative of Samoa presented the following 
table laying out an action plan drawn on WT/ACC/SAM/13 with details of the steps that still remained to be taken in order to achieve this objective and a timetable for each step 
(Table 12).  WT/ACC/SAM/17 
 Page 55 
 
 
 Answer:  
The suggested text to remain in brackets. 
[209quater.  The representative of Samoa also stated that, should a transition be granted, 
existing rates of infringement would not in his view increase significantly over this transition 
period and that any infringement of inte llectual property rights would be addressed 
immediately in cooperation and with assistance from affected right holders.  He added that 
Samoa would seek out all available technical assist ance to ensure that its  capacity to enforce 
fully its TRIPS-consistent lega l regime upon expiration of the transition period is assured and 
that Samoa would make available TRIPS legisl ation in draft and promulgated form to the 
WTO Secretariat for circulation to interested WTO Members prior to the conclusion of the 
negotiations.  In response to requests from dele gations for more specificity, the representative 
of Samoa presented the following table laying out an action plan drawn on WT/ACC/SAM/13 with details of the steps that still remained to be taken in order to achieve this objective and a 
timetable for each step (Table 12).] 
Question 100 
Table 12:  Action Plan for the Implementation of the TRIPS Agreement
 
Action  Timeframe and Comments  
Working Party review of draft legislation necessary for 
conformity with the Agreement.  
Draft IP Law  
Patents Act  
Trademarks Act  
Industrial Property Act  
Protection of Geographical Indications Bill 
Other Draft Law:  
Customs Amendment Bill to rep eal section 132 and Border 
Protection Measures;  
Antidumping and Countervailing Duties Bill  Prior to Accession:  
Submit to Parliament no later 
December 2007  
Submit to Parliament no later than 
December 2007  
Passage of above legislation by Parliament  December 2008  
Provisions of the Agreement that Samoa can implement as 
from accession and the provisions that it will implement 
during the transitional period  
Provisions to be implemented during the transitional 
period  
Part II Article 9-Article 14  
Section 3 : Article 22  
Section 4 : Article 25, Article 26  
Section 5 : Article 27 (1), Article 29  
Provisions to be implemented as from accession:  
Section 2 : Article 16 (2), 16 (3)  
Article 19,20,21,  
Section 5 : Article 27 (2), (3),  
Article 30, 31, 32, 33, 34, 39-64   
Establishment of a Collective mechanism 
to administer righ ts of Authors -  
December 2009  
Enforcement of GI Legislation  
December 2009  
Enforcement  of Industrial Property 
legislation -December 2009  
Patents - December 2009  
Establishment of Intellectual Property (IP) WTO Office 
responsible e.g. for implementi ng transparency provisions 
of the TRIPS Agreement.  July 2008  
To be located at the IP Registry at the 
Ministry of Commerce, Industry and 
Labour.  
Hiring of personnel.  Obtain ing facilities and equipment.  
(for the IP/WTO unit located in the IP Registry, at the 
Ministry of Commerce, I ndustry and Labour)  December 2008  
Establishment of implementing regulations.  1 July 2009  WT/ACC/SAM/17 
Page 56  
 
 Action  Timeframe and Comments  
Development of manuals and operating procedures. 
Printing of necessary material.  1 December 2008  
Training of at least 15 o fficials, custom s officers and 
private sector people as well as educators in TRIPS issues.  
Training of Police Officers  
Capacity Building for IP Officials  
Awareness programmes on the Agreement for the 
members of the public  
Computerisation of IP Office  
Training of staff  1 July 2009  
1 July 2009  
1 December 2008  
1 December 2008  
1 December 2009  
1 July 2009  
Readiness to participate in regional IP administrative 
cooperation (Collective ma nagement for copyright, 
regional system for patents and trademarks).  As soon as these Pacific regional 
mechanisms are established  
Membership in the Berne and Paris Conventions.  Berne Convention  - Effective on 
21 July 2006  
Paris Convention - 1 July 2012  
Full implementation  No later than January 2013  
 
Answer:  
The revised action plan for the implementation of the TRIPS Agreement: 
Table 12:  Action Plan for the Implementation of the TRIPS Agreement  
Action  Timeframe and Comments  
Working Party review of draft legislation necessary for 
conformity with the Agreement. 
Draft IP Laws that are expected  as a result of the current IP 
Review Project: 
 1. Patents Act 
2. Trademarks Act 
3. Industrial Designs Act  
4. Protection of Geographical Indications Bill Prior to Accession: 
Recruitment of legislative consultant by 
December 2010;  
Project Stages: 
Initial Overview Report; First Draft of relevant laws; 
Consultations; 
Second draft of relevant laws; Consultations; 
Final Draft of relevant laws with 
accompanying summarie s and explanatory 
Memorandum 
Submit to Parliament by June 2012.
 
Passage of above legislation by Parliament  December 2012  
Establishment of Intellectual Property (IP) WTO Office 
responsible e.g. for implementing transparency provisions of the TRIPS Agreement  IP Registry of the Companies and IP Office 
is under the Ministry of Commerce, Industry and Labour since May 2003. 
To be located at the IP Registry at the 
Ministry of Commerce, Industry and Labour. 
Hiring of personnel.  Obtaining facilities and equipment.  (For 
the IP/WTO unit located in the IP  Registry, at the Ministry of 
Commerce, Industry and Labour) (i) Additional staff recruited in July 2008  
Recruitment of additional staff for the 
IP Registries; 
(ii) Continuous training of staff and 
training/awareness programmes for 
other agencies such as Customs, 
Police and stakeholders.  These 
programmes are carried out with assistance from the WIPO and other 
agencies. 
Establishment of implementing regulations.  By January 2012.  WT/ACC/SAM/17 
 Page 57 
 
 
 Action  Timeframe and Comments  
Development of manuals and operating procedures.  Printing 
of necessary material.  Completed March 2010.  
By June 2012 for new manuals and 
operating procedures resulting from new 
legislation, if any.  
Training of at least 15 offici als, customs officers and private 
sector people as well as educators in TRIPS issues.  
Training of Police Officers  
Capacity Building for IP Officials  
Awareness programmes on the Ag reement for the members of 
the public  
Computerisation of IP Office (Trademarks) assisted by the 
WIPO  
Training of staff  Ongoing.  Technical Assistance to be 
sought.  
Completed activities include training/ 
awareness programme in November 2005, 
April 2008 and July 2009.  
Readiness to participate in regional IP administrative 
cooperation (Collective management for copyright, regional 
system for patents and trademarks)  As soon as the Pacific regional 
mechanisms are established  
Membership in the Berne and Paris Conventions  Berne Convention - Effective on 
21 July 2006.  
Paris Convention - planned by July 2012.  
Full implementation  No later than 1 July 2013.  
 
Question 101 
209quinquies . The representative of Samoa confirmed that Samoa would apply the 
Agreement on Trade-Related Aspects of Intellectual Property Rights no later than 1 January 2013 according to the Action Plan in Table 12 with the understanding that 
during this period protection for intellectual property rights listed in paragraphs 209 ter 
and 209 quater  above would be applied in Samoa.  The Working Party took note of this 
commitment. 
Answer:
 
The suggested commitment paragraph to be bracketed. Question 102  
We would also like an updating of the Working Part y text to describe Samoa's efforts to date to 
revise and expand its IPR legislation.  In th is regard, the information in the commitment 
table/action plan should be updated through 2009.  If an objective in the action plan has been achieved, please note that. 
Answer:
 
Please refer to revised action plan in Table 12 
Question 103  
What is the status of the amendments to Samoa' s intellectual property legislation?  What steps 
is Samoa taking to incorporate addition al enforcement mechanisms in its laws? 
Answer:  
The Government of Australia has pr ovided financial assistance to f und a legal consultant to review 
and accordingly amend Samoa's IP legislation for WTO consistency and in the IP interests of Samoa.  WT/ACC/SAM/17 
Page 58  
 
 Please refer to revised action plan in Table 12 
Question 104 
Finally, I am afraid that we are now totally confu sed as to the status of Samoa's implementation 
of TRIPS legislation.  We have had no feedback on our submissions for changes to the descriptive and commitment text of this section. 
Answer:
 
Please refer to the revised action plan in Table 12. Samoa acknowledges the descriptive text provided by  the Member.  Our response is noted in the 
responses to Questions 86 to 101.  The suggestions for the commitment paragraphs are to remain in 
brackets. 
Samoa is committed to implement TRIPS and as outlin ed in the revised Table 12, would require a 
transition period up to July 2013 to do so as well as technical and financial assistance. 
Question 105 
We need clarity on this point, and we ask that it be provided in writing so that we can better 
understand the status of Samoa's legislation and its efforts to amend it. 
Answer:
 
Please refer to the revised action plan in Table 12. 
Question 106 
We also seek copies of Samoa's draft legislation for review; so that we know we are on the same 
page in terms of what is to be implemented. 
Answer:  
These will be provided once available. 
- Geographical indications, including appellations or origin 
Question 107  
What is the status of the legislation on Geographical Indications (GIs)? 
Answer:  
The GI Bill will be reviewed taking into consideration the comments from Members.  
Question 108  
On GIs:  overall reserve - notably as regards how the GIs bill will deal with coexistence between 
GIs and trademarks.   WT/ACC/SAM/17 
 Page 59 
 
 
 Answer:  
The GI Bill will be reviewed taking into consideration the comments from Members.  
Question 109  
In accordance with the GI section of TRIPS, the draft Bill (section 3 and section 21) establishes 
a two-level system of protection (wines and spir its would benefit from an enhanced level of 
protection).  It is understood that Samoa has identified some non-wines and spirits Samoan 
products that may benefit from a GI protectio n under this Bill.  For the benefit of its own 
producers, Samoa may have some interest in providing for the same enhanced level of protection to all types of GIs. 
Answer:
 
The GI Bill will be reviewed taking into consideration the comments from Members.  
Question 110  
Is there any specific reason why the duration of the registration of a GI is for a period of seven 
years (section 13), while that of trademarks is  for 14 years?  Why wouldn't the duration of 
protection for GIs and trademarks - which are both  distinctive signs - be the same (14 years)? 
Answer:  
Samoa's Trademark Act 1972 was enacted before the TRIPS Agreement came into existence; but the 
term of protection will be reviewed to make it c onsistent with the minimum protection under TRIPS. 
The comments will be taken into consideration when reviewing Samoa's IP legislation.   
Question 111  
Could Samoa clarify whether a registration of a GI may be cancelled on the ground that 
although registered, the GI would have become identical with a term used in the common 
language for the good in question?  The Member  would welcome the fact that a registered GI 
may not become generic.  Indeed, one of the key pr inciples in relation with GIs is the stability of 
the protection based on the link between the inherent quality(ies), characteristic(s) or reputation of the product with its area of production, as proved during the registration procedure.  It is 
understood that a cancellation would be possible if that link would happen to cease to exist. 
Answer:
 
The comments are noted.  The GI Bill will be review ed taking into consideration the comments from 
Members.  
Question 112  
Section 4 (availability of protection regardless of reg istration) is unclear.  While the availability 
of protection regardless of registration can be  regarded as positive, the mechanisms for 
benefiting for such protection are unclear.  Could Samoa clarify the provisions of section 4? WT/ACC/SAM/17 
Page 60  
 
 Answer:
 
The request for clarification is noted and will be  discussed during the IP le gislation review.  The 
Members will be informed accordingly.   
Question 113  
In section 17(3), it is referred to "any notificati on of assignment or transmission made by the 
company".  
- To what company is it referred? 
- What kind of assignment or transmission may occur? 
Answer:  
The company referred to is the proprietor of the IP.  The assignment is by way of licensing of the use 
of the IP or complete transfer of ownership and the rights. 
Question 114  
We were informed in October that both the Trade Remedies law and the Law on Geographical 
Indications had been dropped.  Now we understa nd that the latter law has been reinstated.  
We provided comments on the draft of this law in May 2009 and have received no indication 
from Samoa whether these comments were reflected  in the subsequent legal draft, or not. 
Answer:  
The comments will be considered for incorporation during the review of Samoa's IP legislation.  
Question 115  
Please indicate how, or if, our comments on the draft Law on Geographical Indications were 
accepted.  Please provide the current draft of this law. 
Answer:  
This will be provided once available. 
VI. POLICIES AFFECTING TRADE IN SERVICES 
Question 116  
Paragraphs 211-224:  This section of the report should remain open, pending completion of the 
market access negotiations, to ensure that  the information compliments, and does not 
contradict, the commitments undertaken in the schedules. 
Answer:  
Samoa agrees.  WT/ACC/SAM/17 
 Page 61 
 
 
 VII. TRANSPARENCY 
Question 117  
Paragraphs 225-229:  Samoa's response to this de legation's proposal to adopt the transparency 
commitment which has been placed in the revi sed draft Working Party Report effectively 
undermines any real commitment to implement a transparent regulatory review mechanism for 
trade legislation. 
We cannot accept that position at this time.  We urge Samoa to consider further our original 
suggestions, seeking a minimum period of review and a transition to full implementation of the text. 
Answer:
 
Samoa's proposed commitment language: 
228. [The representative of Samoa confirme d that Samoa would fully and promptly 
implement the transparency provisions of th e WTO requiring notification and publication, 
including the provisions of Article X of the GA TT 1994.  He further confirmed that no law, 
regulation, judicial decision, administrative ru lings 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 stated th at Samoa intended to establish or designate an 
official journal or web-site, published or update d on a regular basis and readily available to 
WTO Members, individuals and enterprises, dedi cated to the publication of all regulations 
and other measures pertaining to or affecting trade in goods, services, and TRIPS prior to 
implementation, and that Samoa intended to pr ovide 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 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 intended to seek technical assist ance to implement this facility and should be 
in place five years from the date of accession.  The Working Party took note of this commitment.] 
Samoa has taken on board the proposed language sugg estion for the use of a website.  Given Samoa's 
capacity and resource constraint, a five year transiti on period is sought to put this system in place and 
would require the assistance of Members and development partners to do so. 
It is Samoa's view that the overall proposal is in line with the WTO transparency requirements and the 
capacity of Samoa as an LDC to implement.  
Samoa seeks the understanding of the Member. 
VIII. TRADE AGREEMENTS 
Question 118  
Thank you for the update included in paragraph 233. WT/ACC/SAM/17 
Page 62  
 
 Answer:
 
Noted. 
CONCLUSIONS 
Question 119  
It is customary for all commitment paragraphs to  be listed in the penultimate paragraph of the 
Conclusions section of the report.  We would ask th at the Secretariat provide this notation in its 
next revision, marking those commitment s as yet not accepted with brackets. 
Answer:  
Please share this list with Samoa. 
__________