RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SPEC/SAM/2/Rev.1 
7 December 2005 
 (05-5816) 
Working Party on the  
Accession of Samoa Original:   English 
 
 
 
ACCESSION OF SAMOA 
 
Offer on Specific Commitments in Services  
Revision  
 
 
 The following submission, dated 16 November 2005,  is being circulated at the request of the 
Delegation of Samoa.  
_______________ 
 WT/ACC/SPEC/SAM/2/Rev.1 
Page 2 Modes of Supply: (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence (4)  Movement of Natural Persons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
1.   HORIZONTAL COMMITMENTS 
ALL SECTORS INCLUDED IN THIS 
SCHEDULE  (3)  Initial capital required establishing 
a business by non Samoan natural and juridical persons shall be 
sourced and funded from overseas. 
  
 
  
 
  
 
(4)  Unbound, except for temporary 
entry and stay of natural persons of 
another Member in the following 
categories: 
 
A.   Services Salesperson
 
 
Persons not based in the territory of 
Samoa and receiving no remuneration from a source located within Samoa, who 
are engaged in activities related to 
representing a service supplier for the purpose of negotiating for the sale of 
services of that supplier where: 
 a. such sales are not directly made to 
the general public; and  
b. the sales person is not engaged in  supplying the service. 
 
Duration of stay of persons named in this section is 60 days.  (3)  All foreign investors are required to 
obtain a Foreign Investment Certificate 
   
- Non Samoan natural and juridical 
persons may lease but not own land 
- Grants may be available only to 
enterprises and institutions wholly owned by Samoan nationals 
-  Foreign natural or juridical persons 
are required to provide on the job training for local employees 
 
(4) Unbound except for the measures 
affecting the entry and temporary 
stay of natural persons referred to in 
the market access column 
 
 Except where an Environmental Impact 
Assessment (EIA) is required, decision of an investment will not normally be 
withheld except for failure to meet 
environmental standards  
  WT/ACC/SPEC/SAM/2/Rev.1
 Page 3Modes of Supply: (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence (4)  Movement of Natural Persons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
 B.   Intra-Corporate Transferees  
 Managers, executives and specialists as 
defined below who are employees of 
firms that provide services in Samoa through a branch, subsidiary or affiliate 
established in Samoa and who have been 
in the prior employment of their firm outside Samoa for a period of not less 
than one year imme diately preceding the 
date of their application for admission and who fall with one of the following 
categories: 
 a. Executives and Managers: persons 
within an organization who 
primarily direct the organization or a department or sub-division of the 
organization, supervise or control 
the work of their supervisory 
professional or managerial 
employees, have the authority to hire and fire or recommend hiring, 
firing or other personnel actions 
(such as promotion, or leave authorization) and exercise 
discretionary over day to day 
operations; 
b. Specialists:  persons within an 
organization who possess technical 
knowledge at an advanced level of continued expertise and who 
possess propriety knowledge of the 
organization's services, research techniques or management 
techniques.  (Specialists may 
include but are not limited to members of licensed professions). 
 Duration of stay of persons named 
in this section is 3 years maximum 
stay (renewable).    
 WT/ACC/SPEC/SAM/2/Rev.1 
Page 4 Modes of Supply: (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence (4)  Movement of Natural Persons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
 C.  Personnel Engaged in 
 Establishment  
 
Persons who are employees of an 
enterprise not having commercial presence in Samoa and who stay 
temporarily in Samoa for the purpose of 
setting up a commercial presence of that enterprise in Samoa. Personnel engaged 
in setting up commercial presence shall 
present proof of the commencement of business operation within one year of the 
date of entry of that person. 
 Duration of stay of persons named in this 
category is 3 years maximum 
(renewable).    
  WT/ACC/SPEC/SAM/2/Rev.1
 Page 5Modes of Supply: (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence (4)  Movement of Natural Persons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
II.   SECTOR SPECIFIC COMMITMENTS 
1.   BUSINESS SERVICES 
A.   Professional Services 
(d) Architectural services 
 (CPC 8671)  (1)   None 
(2)   None (3)  Only through establishing a joint 
venture with a local partner  
(4)   Unbound, except as indicated in the 
horizontal section (1)   None 
(2)   None (3)   None  
 
(4)  Unbound, except as indicated in the 
horizontal section  
(e)   Engineering services 
      (CPC 8672) 
 (1) None 
(2)    None 
(3)  Only through incorporation in 
Samoa 
(4)   Unbound, except as indicated in the 
horizontal section (1)   None 
(2)   None 
(3)   None   
(4)   Unbound, except as indicated in the 
horizontal section  
2.   COMMUNICATION SERVICES 
Commitments undertaken in this sector are subject to the following general conditions: 
- Unless otherwise provided in Samoan law,  telecommunications services to be supplie d in Samoa require a licence and must compl y with the Samoan legal and regulatory 
framework applicable to the telecommunications sector; 
- Samoa Tel has the exclusive right to provide fixed line voice telephone services until 29 June 2009. 
C.   Telecommunication services 
Basic Services 
 
(a)   Voice telephone services   
 
  
 
  
 
  
 
  
 
 
  
 
(1)   Samoa Tel has the exclusive right to 
provide fixed line voice telephone 
services until 29 June 2009.  The 
number of service providers of fixed line services may be limited to 
three to take into account the small 
size of the Samoa market. 
(2)   None 
(3)   Samoa Tel has the exclusive right to 
provide fixed line voice telephone services until 29 June 2009.  The 
number of service providers of 
fixed line services may be limited to three to take into account the small 
size of the Samoa market. 
(4) Unbound, except as indicated in 
horizontal commitments section  
 
 (1) None  
 
  
 
 (2) None 
(3) None 
  
 
  
 
(4)  Unbound, except as indicated in 
horizontal commitments section The Independent State of Samoa 
undertakes to adopt the regulatory 
principles contained in the Reference Paper attached hereto  
 WT/ACC/SPEC/SAM/2/Rev.1 
Page 6 Modes of Supply: (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence (4)  Movement of Natural Persons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
(b)   Packet-switched data transmission 
services 
(c)   Circuit-switched data transmission 
services 
(d)   Telex services (e)   Telegraph services 
(f)   Facsimile services 
(g)   Private leased circuit services  (1)   None, except that voice telephone 
services and international services must be carried over Samoa Tel's 
network.  None as of 29 June 2009. 
(2)  None (3)   None, except that voice telephone 
services and international services 
must be carried over Samoa Tel's network.  None as of 29 June 2009. 
(4) Unbound (1) None 
  
 
(2) None (3) None 
 
  
(4)   Unbound  
Value-added services 
 (h)  Electronic mail 
(i)   Voice mail 
(j)   On-line information and data base 
retrieval 
(k)  Electronic data interchange (EDI) 
(l) Enhanced/value-added facsimile 
services, including store and 
forward, store and retrieve 
(m) Code and protocol conversion 
(n)  On-line information and/or data 
processing 
(o)   Other  
 (1)   None 
(2)   None 
(3)   None (4)   Unbound 
  
 (1)   None 
(2)   None 
(3)   None (4)   Unbound 
  
Mobile telephone services 
Analog/Digital cellular service, 
PCS (Personal Communications Service) Paging services, 
Mobile data services 
  
 
  
 
  
 
 
 
 (1)   None, except that the number of 
mobile service providers will be limited 
to three to take into account the small size of the Samoa market 
 
International services shall be provided over facilities provided by Samoa Tel.   
None as of 29 June 2009 
 (2)   None 
(3)  None, except that the number of 
mobile service providers will be limited to three to take into account 
the small size of the Samoa market. 
 
 
 (1)   None 
 
  
 
  
 
 (2)   None 
(3)   None 
  
 
 
 
   
  WT/ACC/SPEC/SAM/2/Rev.1
 Page 7Modes of Supply: (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence (4)  Movement of Natural Persons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
 International services shall be provided 
over facilities provided by Samoa Tel.  None as of 29 June 2009. 
(4)   Unbound  
  
(4)   Unbound 
3.   CONSTRUCTION AND RELATED ENGINEERING SERVICES 
A. General construction work for 
buildings 
 (CPC 512) 
B.  General construction work for civil 
engineering 
 (CPC 513) 
 (1)   None 
(2)   None (3)  Only through incorporation in 
Samoa. Non Samoan natural and 
juridical persons are limited to projects above SAT$500,000 
(4)   Unbound except as indicated in the 
horizontal section (1)   None  
(2)   None (3)   None 
 
  
(4)   Unbound except as indicated under 
horizontal commitments  
5.   EDUCATIONAL SERVICES 
A.   Primary education services 
      (CPC 921) 
B.   Secondary education services 
      (CPC 922) 
C. Tertiary education services 
      (CPC 923) in private institutions (1)   None  
(2)   None 
(3)   None 
(4)   Unbound except as indicated under 
horizontal commitments (1)   None  
(2)   None 
(3)   None 
(4)   Unbound except as indicated under 
horizontal commitments  
6.   ENVIRONMENTAL SERVICES 
A.   Sewage services 
      (CPC 9401) 
B.   Refuse disposal services 
       (CPC 9402) C.   Sanitation and similar services 
      (CPC 9403) (1)   None  
(2)   None 
(3)  Foreign participation is permitted 
only through a joint venture with local partner  
(4)  Unbound except as indicated under 
horizontal commitments (1)   None  
(2)   None 
(3)   None 
  
(4)   Unbound except as indicated under 
horizontal commitments  
7.  FINANCIAL SERVICES    
A.   All insurance and insurance-related 
services: 
(a)   Life Insurance Services 
      (CPC 81211)  (1)   Unbound 
(2)   Unbound 
(3)   None 
(4)   Unbound except as indicated under 
horizontal commitment (1)   Unbound 
(2)   Unbound 
(3)   None 
(4)   Unbound except as indicated under 
horizontal commitment  
(b)   Non-life Insurance Services 
 (CPC 8129) 
  (1)   Unbound 
(2)   Unbound 
(3)   None  (4)   Unbound except as indicated under  
horizontal commitments (1)   Unbound 
(2)   Unbound 
(3)   None  (4)   Unbound except as indicated under 
horizontal commitments   
 WT/ACC/SPEC/SAM/2/Rev.1 
Page 8 Modes of Supply: (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence (4)  Movement of Natural Persons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
B.   Banking and oth er financial services 
(a)  Acceptance of deposits and other 
repayable funds from the public 
(b)  Lending of all types, including 
consumer credit, mortgage, credit, 
factoring and financing of commercial transactions 
(c)  Financial leasing 
(d) All payment and money 
transmission services, including 
credit, charge and debit cards, 
travellers cheques and bankers drafts 
(e)  Guarantees and commitments 
(f)  Trading for own account or for 
account of customers, whether on 
an exchange, in an over-the-counter 
market or otherwise, the following: 
 - money market instruments 
(including cheques, bills,  
 - certificates of deposits) 
 - foreign exchange 
 - derivative products including, 
but not limited to, futures and 
options 
 - exchange rate and interest rate 
instruments, including 
products such as swaps, 
forward rate agreements, 
 - transferable securities 
 - other negotiable instruments 
and financial assets, including bullion 
(g)  Participation in issues of all kinds 
of securities, including underwriting and placement as agent (whether 
publicly or privately) and provision 
of services related to such issues 
(h)  Money broking 
(i) Asset management, such as cash or 
portfolio management, all forms of (1)   Unbound 
(2)   Unbound (3)   None 
(4)   Unbound except as indicated under 
horizontal commitments 
 (1)   Unbound 
(2)   Unbound (3)   None 
(4)   Unbound except as indicated under 
horizontal commitments   
  WT/ACC/SPEC/SAM/2/Rev.1
 Page 9Modes of Supply: (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence (4)  Movement of Natural Persons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
collective investment management, 
pension fund management, custodial, depository and trust 
services 
(j) Settlement and clearing services for 
financial assets, including 
securities, derivative products, and 
other negotiable instruments 
(k) Advisory services on all the 
activities listed above 
(l)  Provision and transfer of financial 
information, and financial data 
processing and related software by 
suppliers of other financial services  
9.  TOURISM AND TRAVEL RELATED SERVICES 
Hotel and Restaurant Services  
(a)  Hotel and other lodging services  
 (3 and above star hotels only)  
 (CPC 6411) 
(b)  Food serving services   (CPC 642) 
(c)   Beverage serving services without 
entertainment  
 (CPC 643)  
 
(1)   Unbound
1 
(2)   None 
(3)  Only through incorporation in 
Samoa.  Employment of foreign natural and juridical persons at top 
management level only 
(4) Unbound except as indicated in the 
horizontal section  
 
(1)   Unbound
1 
(2)   None 
(3)   None  
  
 
(4)   Unbound except as indicated in the 
horizontal section  
 
 
                                                      
1 Unbound due to lack of technical feasibility. WT/ACC/SPEC/SAM/2/Rev.1 
Page 10  
 
 TELECOMMUNICATION REFERENCE PAPER 
Scope 
The following are definitions and principles on the regulatory framework for the basic 
telecommunications services.  
Definitions 
User means service consumers and service suppliers. 
Essential facilities mean facilities of a public telecommunications transport network or service that:  (a) are exclusively or predominantly provide d by a single or limited number of suppliers; 
and  
 (b) cannot feasibly be economically or technically substituted in order to provide a service. 
A major supplier is a supplier which has the ability to  materially affect the terms of participation 
(having regard to price and supply) in the releva nt market for basic telecommunications services as a 
result of: 
 (a)  control over essential facilities; or  
 (b)  its position in the market. 
1. COMPETITIVE SAFEGUARDS 
1.1 Prevention of Anti-Competitive Practices in Telecommunications 
Appropriate measures shall be maintained for th e purpose of preventing suppliers who, alone 
or together, are a major supplier from engaging  in or continuing anti-competitive practices. 
1.2 Safeguards 
The anti-competitive practices referred to above shall include in particular: 
 (a) engaging in anti-competitive cross-subsidization; 
 (b) using information obtained from comp etitors with anti-competitive results; and  
 (c) not making available to other services s uppliers on a timely basis technical information 
about essential facilities and commercially rele vant information which are necessary for 
them to provide services. 
2. INTERCONNECTION 
2.1 This section applies to linking with suppliers  providing public telecommunications transport 
network or services in order to allow the u sers of one supplier and to access services provided 
by another supplier, where specific commitments are undertaken. 
2.2 Interconnection to be Ensured 
Interconnection with a major supplier will be ensu red at any technically feasible point in the 
network.  Such interconnection is provided: 
 (a) under non-discriminatory terms, conditi ons (including technical standards and 
specifications) and rates and of a quality no less favourable than that provided for its  WT/ACC/SPEC/SAM/2/Rev.1 
 Page 11 
 
 
 own like services or for like services of non-affiliated service suppliers or for its 
subsidiaries or other affiliates; 
 (b) in a timely fashion on terms, cond itions (including technical standards and 
specifications) and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled  so that the supplier need not pay for 
network components or facilities that it does not  require for the service to be provided; 
and  
 (c) upon request, at points in addition to th e network termination points offered to the 
majority of users, subject to charges that reflect the cost of construction of necessary 
additional facilities. 
2.3 Public Availability of the Proce dures for Interconnection Negotiations 
The procedures applicable for interconnecti on to a major supplier will be made publicly 
available. 
2.4 Transparency of Interconnection Arrangements 
 It is ensured that a major supplier will make  publicly available either its interconnection 
agreements or a reference interconnection offer. 
2.5 Interconnection:  Dispute Settlement 
A service supplier requesting interconnection with  a major supplier will have recourse, either: 
(a) at any time; or 
(b) after a reasonable period of time which has been made publicly known; 
to an independent domestic body, which ma y be a regulatory body as referred to in 
paragraph 5 below, to resolve disputes regardi ng appropriate terms, c onditions and rates for 
Interconnection within a reasonable period of time, to the extent that these have not been established previously. 
3. UNIVERSAL SERVICE 
Any Member has the right to define the kind of universal service obligation it wishes to 
maintain.  Such obligations will not be regard ed as anti-competitive per se, provided they are 
administered in a transparent, non-discrimin atory and competitively neutral manner and are 
not more burdensome than necessary for the kind  of universal service defined by the Member. 
4. PUBLIC AVAILABILITY OF LICENSING CRITERIA 
 Where a licence is required, the following will be made publicly available: 
(a) all the licensing criteria and the period of time normally required to reach a decision 
concerning an application for a licence; and 
(b) the terms and conditions of individual licences. 
The reasons for the denial of a licence will be  made known to the applicant upon request. WT/ACC/SPEC/SAM/2/Rev.1 
Page 12  
 
 5. INDEPENDENT REGULATORS 
The regulatory body is separate from, and not accountable to, any supplier of basic 
telecommunications services.  The decisions of and the procedures used by regulators shall be impartial with respect to all market participants. 
6. ALLOCATION AND USE OF SCARCE RESOURCES 
Any procedures for the allocation and use of s carce resources, including frequencies, numbers 
and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory manner.  The current state of allocate frequency bands will be made publicly 
available, but detailed identification of freque ncies allocated for specific government uses is 
not required. 
 
__________