RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SAM//6 
7 December 2005 
 (05-5807) 
Working Party on the 
Accession of Samoa Original:   English 
 
 
  
ACCESSION OF SAMOA  
Additional Questions and Replies
 
 
 The following submission, dated 10 November 2005,  is being circulated at the request of the 
Government of Samoa. 
_______________ 
 
 
 
  WT/ACC/SAM/6 
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 TABLE OF CONTENTS 
II. ECONOMIC POLICIES..........................................................................................................1  
- Monetary and fiscal policies................................................................................................... ..1 
- Foreign exchange and payments system .................................................................................1  
- Investment regime.............................................................................................................. .......2  
- State ownership and privatization...........................................................................................5  
- Pricing policies ............................................................................................................... ...........6  
III. FRAMEWORK FOR MAKING AN D ENFORCING POLICIES ......................................7  
IV. POLICIES AFFECTING TRADE IN GOODS ...................................................................11  
- Trading rights ................................................................................................................. ........11  
A. IMPORT REGULATIONS....................................................................................................13  
- Ordinary cust oms duties ........................................................................................................ 13 
- Other duties and charges....................................................................................................... .15 
- Tariff rate quotas, tariff exemptions.....................................................................................15  
- Application of internal taxes to imports ...............................................................................16  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ .............17  
- Customs valuation.............................................................................................................. .....19  
- Rules of origin ................................................................................................................ .........21  
- Preshipment inspection ......................................................................................................... .21 
- Anti-dumping, countervailing duty and safeguard regimes ...............................................22  
B. EXPORT REGULATIONS ...................................................................................................23  
- Customs tariffs, fees and charges for serv ices rendered, application of internal 
taxes to exports............................................................................................................... .........23  
- Export rest rictions ............................................................................................................ ......24  
- Export subsidies ............................................................................................................... .......25  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................26  
- Technical barriers to trade, standards and certification.....................................................26  
- Sanitary and phytosanitary measures...................................................................................26  
- State-trading entities......................................................................................................... ......28  
- Free zones, special economic areas........................................................................................29  
- Agricultural policies.......................................................................................................... ......30  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................32  
- GENERAL........................................................................................................................ .......32  
VI. POLICIES AFFECTING TRADE IN SERVICES..............................................................33   WT/ACC/SAM/6 
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 II. ECONOMIC POLICIES 
- Monetary and fiscal policies Question 1 Referring to paragraph 10 of WT/ACC/SPEC/SAM/ 4.  Samoa may want to update this text. 
Answer:
 
No change to information in paragraph 10 of WT/ACC/SPEC/SAM/4. 
- Foreign exchange and payments system 
Question 2 Paragraph 12 of WT/ACC/SPEC/SAM/4 refers.  Pl ease provide the exchange rate for the Tala 
in U.S. dollars. 
Answer:
 
The U.S. dollars – Tala mid rate as on 2 September 2005: 0.3706. 
Question 3 
Paragraph 13 of WT/ACC/SPEC/SAM/4 refers.  Please clarify if foreign exchange surrender 
requirements are still in effect.  If so, at what level of retention and what are Samoa’s plans to 
eliminate this difficult policy?  If not, have  other measures to regulate foreign exchange 
replaced them? 
Answer:  
There is a foreign exchange surrender system in pl ace in Samoa.  This system requires all companies 
(exporters, hotels, etc) engaged in a business whic h generates foreign currency earnings, to transfer 
their revenue to Samoa. 
Previously, it was compulsory for all earnings to be converted into Tala upon repatriation.  This 
created a problem for such businesses as they argued th at such a process exposed them to fluctuations 
and risks in foreign currency market s if they wished to repurchase fore ign exchange at a later date (to 
purchase materials, etc.). 
To alleviate the above problem, businesses which ge nerate foreign exchange have, since 1995, been 
allowed to establish foreign currency deposit accounts (in major trading currencies) at any of the 
commercial banks in Samoa.  No longer are they requ ired to convert their earnings into Tala, but they 
are still required to transfer their revenue to Samoa. 
Samoa, at present, has no plans to eliminate the foreign exchange surrender system it has in place. 
Question 4 
Paragraph 14 of WT/ACC/SPEC/SAM/4 refers. Samoa states it would use fiscal measures and 
issuance of Central Bank securities to address bala nce-of-payments problems.  It would also be WT/ACC/SAM/6 
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 entitled to utilise the provisions of Article XII of GATT 1994 on restrictions to safeguard the 
balance of payments. 
We recommend Samoa note in the Working Party Report that in the event that it did apply 
restrictions to safeguard the balance of paymen ts, that it would do so in compliance with 
Article XVIII of GATT 1994.   
Answer:
 
Agreed. In the event that Samoa a pplies restrictions to safeguard the balance of payments, it will do so 
in accordance with Article XVIII of GATT 1994.  
Question 5 
Referring to Paragraph 14 of WT/ACC/SPEC/SAM/4.  We request a commitment on 
Article XVIII for this section. 
Answer:  
Samoa supports a commitment to that effect.  
- Investment regime 
Question 6 
Paragraphs 15-21 of WT/ACC/SPEC/SAM/4 refer.  We still have concerns about Samoa's 
Foreign Investment Act.  For services suppliers  seeking to establish a commercial presence in 
Samoa, the Foreign Investment Act appears to  counteract all mode 3 commitments made in 
specific sectors.  Given that the "Reserved" and "Restricted" lists will be identified in separate 
regulations, the Foreign Investment Act also fails to provide transparency in respect of 
particular market access and national treatment limitations present in particular sectors.   In 
the interests of transparency, we request that Samoa identify the sectors on the "reserved" and 
"restricted" lists as part of the horizontal entr y.  Where Samoa has included these sectors in its 
schedule, it should note that the sector is  "Unbound, except as indicated under horizontal 
commitments". 
Answer:  
Please refer to revised services schedule offer.  Sa moa is not making any commitments in the sectors 
under the Reserved List.  
Question 7 
Paragraph 15 of WT/ACC/SPEC/SAM/4 refers. Please indicate if the incentive programs listed 
in this section or any others have export performance or local content usage requirements. 
Answer:  
As stated in paragraph 15, the incentives were gr anted to companies which exported 95 per cent of 
their production.  No local content was required.  WT/ACC/SAM/6 
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 At present, incentives to only five companies remain  grandfathered.  Their tax holidays are due to 
terminate as follows: 
Samoa Tropical Products 31 March 2008 
Wilex Cocoa & Coconut Products 14 July 2008 
Yazaki Samoa 8 November 2009 
Pacific Cashmere 20 October 2013 
Desico Samoa 22 June 2014 
 
However, as of February 2004 Wilex Cocoa & Coconut Products, Pacific Cashmere and Desico 
Samoa have all ceased production.  As will be seen fro m the above table, the incentives granted to the 
two companies that remain in production, Samoa Tropical Products and Yazaki Samoa, will terminate 
on 31 March 2008 and 8 November 2009 respectively. 
Question 8  
Paragraph 16 of WT/ACC/SPEC/SAM/4 refers.  Pl ease provide the Working Party with a copy 
of the Foreign Investment Law and the Reserv ed List.  Has the Reserve List changed? 
Answer:  
The Foreign Investment Act 2000 and the Reserved Li st have already been deposited with the WTO 
Secretariat and is again attached to  these replies for your information. 
The Reserved List has not changed. 
Question 9 
Paragraph 16 of WT/ACC/SPEC/SAM/4 refers.  We welcome the information on restricted and 
reserved lists of activities. 
It appears from Samoa’s response to recent questio ns on this issue that there are no clear 
criteria underpinning the selection of reserved or restricted sectors.   
While we appreciate that, given Samoa’s LDC status there may be a small number of sectors it 
would wish to reserve for its own nationals, th e current policy does not appear to provide secure 
market access to foreign service providers in ot her sectors.  In its services offer, Samoa is 
reserving the right to expand the list of sectors subject to this policy. 
We recommend Samoa note in the Working Party Report that it will review and amend these 
provisions to ensure a clear, transparent and we ll-justified set of criteria for the selection of 
"restricted" and "reserved" sectors. 
We also recommend that Samoa review its market  access offer with a view to providing more 
secure access to Foreign Service providers. 
Answer:  
Please refer to Samoa's revised services offer WT/ACC/SPEC/SAM/2/Rev.1. WT/ACC/SAM/6 
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 Question 10 
Paragraph 18 of WT/ACC/SPEC/SAM/4 refer.  Samoa addresses the issue of access to land by 
foreigners in this paragraph, but does not indica te whether any eligibility tests exist for land 
leasing or whether there exist grounds for refusing lease applications. 
We recommend Samoa expand this section with information on: (i) the eligibility tests for 
foreigners in leasing land; and (ii) the grounds fo r declining an application by a foreign business 
or individual to lease land. 
Answer:
 
Article 101 of the Constitution sets out that land in Samo a is either customary, freehold or public land. 
Customary land means land held in accordance with Samoan custom and usage.  Freehold land means 
land held for an estate in fee simple.  Public land means land vested in Samoa being land that is free 
from customary title and from any estate in fee simple .  Pursuant to Article 102 of the Constitution, it 
is unlawful to alienate or dispose of any interest  in customary land by sale, mortgage or otherwise.  
- Customary land 
The Alienation of Customary Land Act 1965 governs the leasing and licensing of customary land. 
Pursuant to this Act, the Minister of Natural Resources and Environment may grant a lease or licence 
to use customary land.  The Minister acts as truste e for the customary land owners, referred to in the 
Act as beneficial owners.  The Minister's responsib ilities include identifying the beneficial owners of 
the customary land, requiring a survey of the custom ary land to be leased, facilitating the execution of 
the lease or licence, and receiving rent from the lessee on behalf of the beneficial owners. A lease or licence of customary land may only be granted for an "authorised purpose". "Authorised purpose" 
under the Act means a public, hotel, industrial, co mmercial, business or religious purpose. The 
Minister must be satisfied that the granting of the lease or licence is: 
(a) in accordance with Samoan custom and usage; 
(b) in accordance with the desires and interests of  the beneficial owners of the customary land; 
and 
(c) in the public interest. 
If the authorised purpose is a hotel or industrial purpose, the maximum term of lease is 30 years with 
a possible renewal for 30 years (an aggregate of 60 years).  If the authorize purpose is not a hotel or industrial purpose, the maximum term of lease is 20 years with a possible renewal for 20 years (an aggregate of 40 years).  
- Freehold land 
The Alienation of Freehold Land Act 1972 controls the alienation of fr eehold land to persons who are 
not resident citizens and to overseas corporations.  A resident citizen means a citizen of Samoa who is 
ordinarily resident in Samoa.  An overseas corpor ation means a body corporate which is incorporated 
outside Samoa or is a company which is a subsidiary of any other company or a body corporate incorporated outside Samoa or is a company in wh ich more than 25 per cent of the shares or of the 
voting power is held by persons w ho are not resident citizens.  A person who is not a resident citizen 
or is an overseas corporation may not purchase any freehold land or lease any freehold land for a term of more than 20 years unless that person has obtained the written consent of the Head of State.  
The Samoa Trusts Estates Corporation Act 1977 conti nues a trust for and on behalf of the people of 
Samoa with assets including thousands of acres of freehold land seized from the Germans after  WT/ACC/SAM/6 
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 World War II.  The STEC has the power to dispose of  its land by lease for a term not exceeding 10 
years.  Any other form of disposal requires Cabinet's approval.  
Pursuant to the Samoa Trust Estates Corporatio n (STEC) Act 1990, some of the freehold land under 
STEC's control was exchanged with Government la nd.  Freehold land owned by STEC became vested 
in the Government and was subsequently given to the Samoa Land Corporation, a wholly owned 
Government corporation.  The Corporation does not require prospective lessees (foreign or local) to 
go through any eligibility tests. The only requirement,  which applies to both foreign and local lessees, 
is for applicants to submit proposals on what they  intend to utilize the land for. Such proposals are 
then appraised on their economic viability.  
- Public land 
The Lands, Surveys and Environment Act 1989 cont rols the alienation of Government land. 
Government land means public land which is not fo r the time being set aside for any public purpose. 
Under the Act, all Government la nd available for disposal under the Act is classified as either farm 
land, urban land, or commercial/industrial land.   The Act establishes a Land Board which is 
responsible and has powers to alie nate Government land. Under the Act, any person age 21 years and 
above may become a lessee of Government land.  The maximum term of lease for Government land is 
20 years which may be renewed for a further term of  20 years and include a term for a further option 
of 20 years (an aggregate of 60 years).  The Land Boar d has the power to reject an application to lease 
Government land if it is in the pub lic interest and in its discretion and if it does so, must provide the 
grounds for the refusal in its minutes.  
Question 11 
Paragraph 20 of WT/ACC/SPEC/SAM/4 refers.  Does Samoa now have information on the 
volume/value of direct foreign investment in its economy? 
Answer:  
Samoa still does not have information on the volume/value of FDI. 
- State ownership and privatization  
Question 12 
Paragraphs 21-25 of WT/ACC/SPEC/SAM/4 ref er.  In response to Question 7 of 
WT/ACC/SAM/4, Samoa notes it is divesting its involvement in three agriculture-related 
enterprises, Rothmans Tobacco, Samoa B reweries and Samoa Coconut products. 
We recommend Samoa provide an additional paragraph in the Working Party Report 
describing the operations of the Rothmans Toba cco Co. Ltd, Samoa Breweries Ltd, and Samoa 
Coconut Product Ltd and their relationship with  Government, and whether they are granted 
any special or exclusive privileges, or price support mechanisms of any kind.   
Answer:  
- Rothmans Tobacco Co Ltd is the sole manufacturer  of tobacco in Samoa.  With the sale of all 
Government shares in the company, there exis ts no relationship between the company and the 
government.  The company pays taxes, import duties and VAGST and is not enjoying any 
special privileges; WT/ACC/SAM/6 
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 - Samoa Breweries brews beer and manufactures soft drinks.  The Government has completed 
the sale of the 15 per cent shareholding to local  shareholders with the bulk of these shares 
sold to Carlton Breweries (Fiji). The company also pays taxes, import duties and VAGST and 
is not granted any special privileges; 
- Samoa Coconut Product Ltd (SCPL) is a government owned company that used to own the 
coconut oil mill at Vaitele.  All the milling equi pment and buildings have since been sold to 
Elan Trading, which is now running the oil m ill. SCPL’s only asset is the land, now on lease 
to Elan Trading, on a twenty plus twenty year term.  SCPL does not enjoy any special privileges; 
- Samoa Trust Estate Corporation (STEC) is a government corporation engaged in copra and 
cattle farming. STEC does not enjo y any preferential treatments;  
- Samoa Forest Products (SFP) is a fully owne d government company that formed a logging 
company called Samoa Forest Corporation (SFC) with a private company Tui Vaai Corporation (TVC).  The company does not enjoy any special privileges; and 
- Hellaby Samoa Ltd (HSL) is a company engage d in processing meat products.  It operates as 
any other manufacturing company and pays taxes, import duties, and VAGST.  As such HSL 
does not enjoy any special treatment. 
Question 13 
Paragraphs 21-22 of WT/ACC/SPEC/SAM/4 refer.  The information provided is very useful.  
We would appreciate an update, including on the status of 2001-2002 pri vatizations listed in 
Table 2 and any new developments. 
Answer:
 
Please see Table 2 for an updated list of Samoa’s stat e-owned enterprises, including a description of 
the business in which they are engaged. Samoa has identified the following state-owned enterprises as 
trading in goods, in the order that they are listed in  the table: Agricultural Store; Computer Services 
Limited; Samoa Trust Estates Corporation; Hellaby Samoa; Samoa Breweries; and Samoa Forest 
Corporation. None of these has been granted exclusive or special rights or privileges.  
Question 14 
We would appreciate more information on the state-owned enterprises listed in Table 2. 
Answer:  
Please see answer to previous question. 
- Pricing policies  
Question 15 
Paragraphs 26-27 of WT/ACC/SPEC/SAM/4 refer.  In Table 3, Samoa notes several imported 
goods as being subject to price controls (beer, ci garettes and tobacco, camp pie, corned beef) but 
not their domestic equivalents. 
We recommend that Samoa clarify in the text of Table 3 that these price controls apply 
uniformly to both imported and domestic versio ns of these goods, or alternatively enter into a 
commitment in Paragraph 26 that it will modify its price controls so that they are applied 
uniformly to domestic and imported goods in compliance with Article III of GATT 1994.  WT/ACC/SAM/6 
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 Answer:  
These Price Controls in fact apply uniformly to  both imported and domestic goods.  The same 
percentage mark-up is applied to imported pr oducts as to the corresponding locally manufactured 
products.  The table has been revised to reflect this fact (annexed).  The only products on the list that 
are produced locally at the present time are beer, ci garettes and tobacco, camp pie and corned beef.  A 
misunderstanding may have arisen because an order is issued translating the percentage mark-up for 
the locally produced products into specific amounts.  Samoa will apply its price control measures in a 
WTO-consistent fashion as from accession. 
Question 16 
Table 3 also does not make clear the form of pric e control that is applied to goods (i.e. mark-up 
control, maximum price, etc.).  
For complete transparency, we recommend Tabl e 3 be amended to include an additional 
column stating the form of price control applied. 
Answer:  
Please see the answer to the previous question. Question 17 Paragraph 26 of WT/ACC/SPEC/SAM/4 refers.  Pl ease clarify how Samoa’s price controls are 
applied to imports 
Answer:
 
Please refer to the answer to Question 15. 
Question 18 
Table 3: Why are some price controls listed in Table 3 limited to imports. 
Answer:  
Please refer to the answer to Question 15. 
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
Question 19 
Paragraphs 31-41 of WT/ACC/SPEC/SAM/4 refer.  We would be grateful for an update on any 
changes to trade related responsibilities within the Samoan public service that have taken place 
as part of recent restructuring and reforms.  
Answer:  
As a result of recent public service reforms, the Trad e Division of the former Department of Trade, 
Commerce & Industry is now part of the new Ministry of Foreign Affairs and Trade (MFAT).  All 
matters relating to trade including trade promoti on, regional and multilatera l agreements and the 
facilitation of Samoa's WTO accession are now dealt with in the new Ministry.  The Commerce and WT/ACC/SAM/6 
Page 8  
 
 Industry divisions of the former Department now make up the new Ministry of Commerce, Industry 
and Labour (MCIL), which deals with matters of intellectual property, investment promotion, 
competition and fair trading, price control, indust rial development, companies registration and labour 
related activities. 
The former Customs Department and the Inland Re venue Department now make up the new Ministry 
of Revenue.  Their respective functions remain unchanged. 
Question 20 
Paragraph 36 of WT/ACC/SPEC/SAM/4 refers.  Th is does not adequately describe the process 
of taking a case to the Ombudsman, or why that would be useful. 
Answer:
 
Samoan nationals and foreigners may also lodge a complaint about an administrative decision or act 
or recommendation to the Komesina o Sulufaiga,  or Ombudsman.  Pursuant to the Komesina o 
Sulufaiga (Ombudsman) Act 1988, the principal func tions of the Ombudsman are to investigate any 
decision or recommendation made and any act done or  omitted relating to a matter of administration 
and affecting any person or body of persons in his or its personal cap acity by any of the Departments 
or organizations named in the Sc hedule (refer to copy of Act attached) or any officer, employee or 
member thereof in the exercise of any power or function conferred on him by any enactment. 
The Ombudsman has jurisdiction to take up any inves tigation before him except for an investigation 
into any decision, recommendation, act, or omission a)  in respect of which under the provisions of any 
enactment, a right of appeal or objection, or a right to apply for a review, on the merits of the case, to 
any Court, or to any tribunal constituted by or un der any enactment, b) made by any person in his 
capacity as a trustee within the meaning of the Trustee Act 1975; or c) of any person acting as legal 
adviser to the Ombudsman, or acting as counsel for the Government in relation to any proceeding. 
The Ombudsman is obliged to take up any investig ation before him except in relation to a) a 
complaint that relates to any decision, recommendati on, act, or omission of which the complainant has 
had knowledge of for more than 12 months before  the complaint was received by the Ombudsman, 
b) where the subject matter of the complaint is trivial,  c) that is frivolous vexations or is not made in 
good faith, or d) in relation to which the complain ant has not a sufficient personal interest in the 
subject matter of the complaint.  
The Ombudsman may refuse to investigate a matter furthe r if (a) in the course of the investigation of 
any complaint within his jurisdiction it appear s to him/her that under the law or existing 
administrative practice there is an adequate remedy or right of appeal, other than the right to petition 
Parliament, for the complaint, or that (b) having regard to all the circumstances of the case, any 
further investigation is unnecessary or (c) for any of the reasons listed in the preceding paragraph.  
The Ombudsman is required to inform the complainant of his decision not to investigate the 
complaint.  The Ombudsman is not required to gi ve the complainant his reasons although he may do 
so if he sees fit. 
The Ombudsman may require, for the purposes of any in vestigation before him, that any person give 
to him any information including to produce any docum ents or papers or things which may be in that 
person's possession or control.  This applies whet her or not the person is an officer, employee or 
member of any Department or orga nization and whether or not such doc uments papers or things are in 
the custody or under the control of any Department or organization.   WT/ACC/SAM/6 
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 The Ombudsman may summon any person who is an officer, or employee or member of any 
Department or organization named in the Schedul e to the Act, any complainant; or with prior 
approval of the Attorney General, any other pers on who is in the Ombudsman's opinion able to give 
any such information unless that pe rson is bound by an enactment (except for the Public Service 
Act 1977) to maintain secrecy or non-disclosure.  As an exception to the exception, however, the 
person bound by secrecy or non-disclosure may be requi red to provide information relating only to the 
complainant if the complainant consents in writing. 
Every examination by the Ombudsman on oath is de emed to be a judicial proceeding within the 
meaning of Section 36 of the Crimes Ordinance 1961 (which relates to perjury).  Persons being 
examined by the Ombudsman for an investigation sha ll receive the same treatment as witnesses of any 
Samoan Court.  The Act does not provide for the Ombudsman to mediate or adjudicate. 
The Ombudsman is obliged to make a report if he is  satisfied that (a) the decision, recommendation, 
act, or omission which was the subject matter of the investigation appears to be contrary to law; 
(b) was unreasonable, unjust, oppressive, or improperl y discriminatory, or was in accordance with a 
rule of law or a provision of any enactment or a practice that is or may be unreasonable, unjust, 
oppressive, or improperly discriminatory; (c) was based wholly or partly on a mistake of law or fact; 
or (d) was wrong; or (e) it is the Ombudsman's opini on that a discretionary power was exercised for 
an improper purpose or on irrelevant grounds or  on the taking into account of irrelevant 
considerations; or (f) that in the case of a decision made in the exercise of any discretionary power, 
reasons should have been given for the decision. 
If the Ombudsman is satisfied that the investigation falls into any one of the categories listed in the 
preceding paragraph, he must furthermore be sati sfied that the matter (a) should be referred to 
appropriate authority for further consideration; (b) an omission should be rectified; (c) the decision 
should be cancelled or varied; (d) any practice on which the decision, recommendation, act or 
omission was based should be altered; (e) any la w on which the decision, recommendation, act or 
omission was based should be reconsidered, (f) reasons  should have been given for the decision; or 
(g) any other steps should have been taken.  
If the Ombudsman is so satisfied he has an obligatio n to report his opinion and reasons therefore to 
the appropriate Department or or ganization, and may make such r ecommendations as he thinks fit.  
He may request the relevant Department or organiza tion to notify him, within specific time period, of 
the steps (if any) that it proposes to take to gi ve effect to his recommendation.  The Ombudsman shall 
also send a copy of the report and recommendations to the Minister responsible for the appropriate 
Department or organization.  
If within a reasonable time after the report is made  no action is taken which seems to the Ombudsman 
to be adequate and appropriate, the Ombudsman in his discretion after considering the comments 
made by or on behalf of any Department or orga nization affected may send a copy of the report and 
recommendations to the Prime Minister and may make  such report to Parliament on the matter as he 
thinks fit.  The Ombudsman is also required to inform the complainant of the results of his 
investigation.  
The Ombudsman is not required to publish any of hi s reports although the Legislative Assembly has 
the power to make rules including rules to author ize Ombudsman to publish reports relating generally 
to the exercise of his functions under Act or to an y particular case or cases.  The Legislative Assembly 
has yet to make any such rules.  WT/ACC/SAM/6 
Page 10  
 
 Question 21 
Paragraph 40 of WT/ACC/SPEC/SAM/4 refers.  How would the WTO package approved by the 
Ministerial Conference or General Council be rati fied in Samoa? About how long will this take 
after Samoa receives the approved package? 
Answer:
 
- Hierarchy of Laws 
Samoa has a written Constitution which is the supr eme law in Samoa.  The Constitution established 
the Executive, Parliament, the Judiciary, the Treasu ry, the Public Service Commission, the Lands and 
Titles Court (which has jurisdiction over cust omary land matters) and key positions such as the 
Attorney General and the Controller and Chief A uditor.  The Constitution cannot be amended except 
for in the following exceptional circumstances: 
(a) at the third reading of the amending bill by th e votes of not less than two-thirds of the total 
number of members of Parliament and if not fewer than ninety days elapsed between the 
second and third readings of the bill; and 
(b) in relation to Article 102 of the Constitution,  which protects customary land from alienation, 
the requirements of (a) and by a poll of elector s on the rolls for the territorial constituencies. 
The Constitution sets out that all law passed must be  consistent with the Constitution or otherwise 
shall be void to the extent of the inconsistency.  
Samoa has an Acts Interpretation Act 1974 which a pplies to all Acts passed by Parliament unless 
inconsistent with an Act.  The Acts Interpreta tion Act sets out general interpretation assistance and 
rules of construction for assisting with any interp retation between Acts.  Otherwise an Act may by 
express reference be subject to another Act. Subsidia ry legislation such as regulations, bylaws, orders 
and notices made pursuant to an Act are subject to the provisions of that Act.  
- Samoa's Protocol of Accession 
International instruments such as agreements, treaties and conventions, do not automatically 
supersede domestic law.  Upon becoming a formal signa tory to an international instrument (or in its 
consideration to become a signatory), the Government  will consider whether specific domestic law is 
required to give effect to Samoa's obligations un der the instrument.  Where specific legislation is 
required, the Government will enact legislation accordingly.  
The discussions in the Working Party and a review of Samoa's existing legislation conducted with the 
assistance of the Commonwealth Secretariat have en abled the Government to identify the legislation 
that needs to be amended and to identify new laws  that need to be introduced in order to achieve 
consistency with WTO requirements.  
The Government has retained an overseas consultant to prepare draft legislation in the areas requiring 
legislative reform. Samoa therefore confirms that its  legislation affecting tr ade, including regulations, 
will be in conformity with WTO Agreements and Samoa's commitments therein, following the 
process of legislative reform that has been commenced. 
Question 22 Paragraph 41 of WT/ACC/SPEC/SAM/4 refers.  Samoa notes that international instruments 
did not "automatically" supersede domestic law.  It also stressed the "w ill" of the Government  WT/ACC/SAM/6 
 Page 11 
 
 
 to ensure the conformity of national laws wi th WTO Agreements upon accession.  This does not 
represent a particularly strong commitment to en sure that Samoa's laws and regulations are in 
compliance with WTO Agreements upon accession. 
We request that stronger commitment language be included in this section along the lines that 
"Samoa confirmed that its laws and regulations affecting trade were in conformity with the 
WTO Agreements".   
Answer:  
Please see answer to previous question. 
Question 23 
Paragraph 41 of WT/ACC/SPEC/SAM/4 refers.  We  support the request that the material in 
this paragraph be broken up, that Samoa answ er the question raised about legal hierarchy, and 
that stronger commitment language be crafted. 
Answer:  
Please see answer to Question 21. 
IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading rights  
Question 24 
Paragraph 42 of WT/ACC/SPEC/SAM/4 refers.  Are the only licenses required for importation 
those to import liquor?  If not, please list th e others.  (Note: the statement in the response to 
Question 17 in WT/ACC/SAM/5 is relevant, i.e ., "Samoa... has concluded that the product 
groups for which an activity license is re quired... are narcotics and liquor."  End note) 
Answer:  
This section on trading rights deals with activity lic ences (business licences) that accord the right to 
buy and sell goods in Samoa, not import licences th at accord the right to import certain specific 
goods, which are dealt with below in the section on quantitative restrictions. The answer to 
Question 17 in WT/ACC/SAM/5 is still valid: the only product groups for which an activity licence is 
required, in addition to the normal business licence, are narcotics and liquor.  The Secretariat is 
requested to delete the fifth sentence in paragraph 42 , to delete the last six sentences of paragraph 59 
of WT/ACC/SPEC/SAM/4, and to insert the text provi ded by Samoa in its answer to Question 17 in 
WT/ACC/SAM/5 in paragraph 42 of the Draft Repor t, less the table in that paragraph. Table 6 
annexed the draft Report should be re-numbered and the information in it made clearer as follows: 
Table: Activity Licence fees for the right to enga ge in the business of buying and selling liquor, the 
right to engage in the manufacture liquor and th e right to engage in the business of importing liquor  
Right to Engage in the Business of  
Buying and Selling of Liquor Licence Fee in SAT per annum and equivalent in US$ 
         Trading Store                250    US$  89.60 
         Beach Resort                250    US$  89.60 
         Bar & Restaurant 1,000    US$358.40 
         Warehouse 1,000    US$358.40 WT/ACC/SAM/6 
Page 12  
 
 Right to Engage in the Business of  
Buying and Selling of Liquor Licence Fee in SAT per annum and equivalent in US$ 
         Hotel 1,500    US$537.60 
         Night Club 1,500    US$537.60 
         Liquor Distribution 1,000    US$358.40 
         Temporary Licence for One-off Events                250    US$  89.60 
Right to Engage in the Business of Manufacturing 
Liquor 1,000    US$358.40 
Right to Engage in the Business of Importing Liquor 1,000    US$ 358.40 
Note:  Above US$ rates may change subject to exchange rate fluctuations. 
Question 25 
Paragraph 43 of WT/ACC/SPEC/SAM/4 refers.  Samoa notes that business licenses are issued 
following an interview with IRD officials.   
We request that Samoa supplement its response with the following information: - reasons for rejection of an application for a business licence;  
- a full list of "prohibited" business activities. 
Answer:
 
Under the Business Licences Act 1998, a business licen ce may only be rejected if the business or 
economic activity is a prohibited activity under the Act or the application does not comply with the 
provisions of the Act.  
Prohibited business activities scheduled in the Bu siness Licence Act 1998: Nuclear and Toxic Waste 
Disposal or Storage; Export of products that are prohibited under any law; Prostitution; Processing 
and export of endangered species; Production of weapons for warfare. 
In line 5 of paragraph 42 of WT/ACC/SPEC/SAM/4 the words "business activities such as" should be 
replaced by "the following business activities" . 
Question 26  
Paragraph 43 of WT/ACC/SPEC/SAM/4 refers.  What are the criteria for rejecting an 
application for a license?  Is the process the same  for foreign and domestic importers?  Please 
name products or sectors for which "special a pprovals from other Departments" that might be 
required prior to importation. 
Answer:  
For criteria for rejecting application, see answer to  previous question.  The process is the same for 
foreign and domestic importers, except that a business registered overseas must also submit its 
Articles of Association, and a Memorandum of Incorporation and companies with foreign 
shareholding require a foreign investment certif icate where necessary. "Special approvals" are 
required in the case of activity licences relating to liquor.  
Question 27 
In the response to Question 15 in WT/ACC/SAM/5, it states that "both foreign and domestic firms can act as import agents for the delivery  of imported goods and can be importers of 
record."   This should be reflected in the text of the draft Working Party report, along with a  WT/ACC/SAM/6 
 Page 13 
 
 
 statement from Samoa clarifying whether it also  allows firms, including sole proprietors, 
registered but not invested in Samoa to be included in this statement. 
Answer:  
Samoa confirms that its reply to Question 15 should  be included in the Draft Report and that firms, 
including sole proprietors, registered but not i nvested in Samoa may be included in the above 
statement.  
Question 28 
Paragraph 43 of WT/ACC/SPEC/SAM/4 refers.  We seek confirmation that there are no 
discriminatory fees or requirements that would block firms or individuals from importing or exporting, with the understanding that the righ t to actually distribute imports in Samoa is 
governed by Samoa's GATS commitments.   
In this regard, we believe that the information in the response to Question 16 in 
WT/ACC/SAM/5 is relevant. 
Answer:
 
There are no discriminatory fees or requirement s that would block firms and individuals from 
importing and exporting.  The distribution of impor ts in Samoa will be governed by Samoa's GATS 
commitments. 
A IMPORT REGULATIONS 
- Ordinary customs duties 
Question 29 
Paragraph 46 of WT/ACC/SPEC/SAM/4 refers.  Please confirm that HS96 continues to be 
Samoa's tariff nomenclature.  When does Samoa intend to adopt HS 2002 for its applied tariff rates? 
Answer:
 
Samoa continues to use the HS96 tariff nomenclat ure and cannot confirm when it can adopt the 
HS 2002 tariff rates.  
Question 30 
Paragraph 46 of WT/ACC/SPEC/SAM/4 refers.  Pl ease confirm that the information in this 
paragraph has not changed, and indicate what sort of non- ad valorem rates are use for the 
products listed, e.g., specific rates, combined rates, etc.? 
Answer:  
The information in this paragraph has not changed. Non- ad valorem  rates used are (Specific/Mixed)  
rates, which only apply to  water, beer, wine, cigars, cigarettes and other manufactured tobaccos and 
motor vehicles for transport of pe rsons.  For details, see tariff offers. WT/ACC/SAM/6 
Page 14  
 
 Question 31 
Paragraph 46 of WT/ACC/SPEC/SAM/4 refers.  Please confirm that Samoa is still not 
providing tariff preferences. 
Answer:  
Under the Pacific Island Countries Trade Agreem ent (PICTA), Samoa is obligated to grant 
preferences to other Pacific Island Countries starti ng 1 January 2005.  Please also see answer to next 
Question. 
Question 32 
Paragraph 46 of WT/ACC/SPEC/SAM/4 refers.  This paragraph does not refer to the 
preferential tariff rates applicable under the Pa cific Islands Countries Trade Agreement, which 
came into force recently. 
We suggest that a reference to these preferential  tariffs needs to be included in paragraph 46, 
and that a more complete description of the FTA needs to be added to paragraph 160 of the 
Working Party Report. 
Answer:  
Samoa agrees that the answer to the previous  Question should be included in paragraph 46 of 
WT/ACC/SPEC/SAM/4 and that the following text should be added to paragraph 160 of that 
document. 
"The Pacific Island Countries Trade Agreement (PIC TA) came into force in April 2003 and 8 Forum 
Island Countries (FICs) are now party to it, name ly Fiji, Tonga, Cook Islands, Solomon Islands, 
Kiribati, Niue, Nauru and Samoa. The PICTA provid es for the gradual phasing in of tariff preferences 
among its members over the next 10 years, beginni ng 1 January 2005.  Its main objective is to 
respond to globalization by encouraging specializati on and greater efficiency in the economies of its 
members.  It is hoped that the resulting increase in  trade will reflect enhanced efficiency and 
improved consumer welfare in the FIC economies, l eading hopefully to the overall creation of jobs. 
Many FICs currently struggle to attract investment  because of their small domestic market and it is 
also hoped that the Agreement will en courage increased investment.  Un fortunately, even if the FICs 
together represent a significant market, the level of tr ade among them is low, due to the constraints of 
geographical location and poor transport links.  It will be difficult to overcome these constraints and 
by itself the Agreement may initially deliver onl y small economic benefits to the FICs."  
Question 33 
Paragraph 47 of WT/ACC/SPEC/SAM/4 refers.  We  request that the following paragraph be 
inserted after Paragraph 47. 
47 bis. Samoa's commitments on bound tariffs are contained in the Schedule of 
Concessions and Commitments on Goods (document WT/ACC/SAM/…/Add.1) annexed to Samoa's draft Protocol of Accession to the WTO. 
Answer:
 
Samoa agrees to the inclusion of this commitment.  WT/ACC/SAM/6 
 Page 15 
 
 
 - Other duties and charges 
Question 34 
Paragraphs 48-49 of WT/ACC/SPEC/SAM/4.  As Sa moa has not ODCs applied to its imports, 
we seek a commitment from Samoa that it will bind that status at zero in its goods market 
access schedule. 
Table 4 of WT/ACC/SPEC/SAM/4.  Is the list in this table current?  Legal references R61 
through R68 note fees that are based on the val ue of the product charged and are therefore not 
consistent with WTO nor with the draft commitment at the end of this section.  How does Samoa intend to deal with this issue? 
Answer:
 
Bindings of ODCs are the subject of negotiations that are still going on. Samoa agrees that an 
appropriate reference to the results of these negotia tions should be included in the report when these 
are known. 
Fees for services rendered.  Table 4 of WT/ACC/SPE C/SAM/4 is still current.  Samoa now recognises 
that references R61 through R68 ar e not consistent with the draft co mmitment on this subject and is 
prepared to modify them as from the date of its accession to ensure consistency with Article VIII of 
GATT 1994. 
Question 35 
Paragraph 52 of WT/ACC/SPEC/SAM/4 refers.  The sentences of this paragraph are 
contradictory in terms of whether fees relate to  the cost of services provided.  Judging by 
Table 4, Samoa does apply a number of specific f ees for services provided (e.g. SAT6 per hour), 
which could well relate to the direct cost of th e service rendered.  However, for some services 
Samoa applies a fee that increases according to the value of the goods involved 
(e.g. SAT25 + SAT8 per SAT500), in apparent contradiction to Article VIII of GATT 1994. 
We assume that Samoa will agree to a commitment along the lines of Paragraph 53.  We suggest 
that the wording of Paragraph 52 needs to be modi fied so that it is internally consistent.  We 
suggest also that Samoa acknowledge in the Working Party Report that customs fees and 
charges with Legal reference R61 to R68 will need to be modified to bring them into compliance 
with Article VIII of GATT 1994. 
Answer:  
Please see answer to previous question. 
- Tariff rate quotas, tariff exemptions 
Question 36 
Paragraph 50 of WT/ACC/SPEC/SAM/4 refers.  Please elaborate in the appropriate section of 
the report on the nature, scope, and duration of th e "tariff exemptions to exporting enterprises 
grandfathered under the Enterprises Incentives Sc hemes."  Please explain directly why are they 
"grandfathered." WT/ACC/SAM/6 
Page 16  
 
 Answer:
 
Delete the words "exporting enterprises grandfathe red under the Enterprises Incentives Schemes" in 
the second sentence of paragraph 50 in WT/ACC/SPEC/S AM/4 of the same paragraph.  Insert the 
following after the second sentence of the paragraph: "Grandfathered tariff exemptions granted to six 
companies are described above in paragraph 15 of the present report in the section dealing with the 
Investment Regime."  This paragraph describes th e nature, scope and duratio n of these exemptions, as 
well as giving the reason for their grandfathering.  
Question 37 
Paragraph 50 of WT/ACC/SPEC/SAM/4 refers.  The response to Question 19 in WT/ACC/SAM/5 states that for the year 2001, on ly 1.77 per cent of total imports that year 
entered duty free though the grandfathered tari ff exceptions.  This information should be 
included in this section. 
Please describe the Duty Suspension Scheme. 
Answer:
 
The information referred to is included in Paragraph 50 of WT/ACC/SPEC/SAM/4.  
The Duty Suspension Scheme (DSS) allows regular exporters to import raw ma terials required for the 
production of products for export without prior paym ent of duty.  This removes a disincentive for 
exporters to compete in international markets.   The exporters hold a valid Export Manufacturing 
Warehouse license issued by the Ministry of Revenue  and register with the Ministry of Commerce, 
Industry and Labour which administers the scheme. Th is information may be added to paragraph 50 
of WT/ACC/SPEC/SAM/4. 
- Application of internal taxes to imports  
Question 38 
Paragraph 54: Please indicate the threshold for VAGST registration in U.S. dollars as well as 
Samoan Tala. 
Answer:  
Companies with an annual turnover of more than ST$52,000 or about US$18,800. 
Question 39 
Concerning the VAGST exemption for primary producers, if these are small producers, why 
not set a threshold for their registration rather than exempting their produce, which is not 
consistent with Article III of the GATT? 
We support a commitment for this section, a nd will provide specific commitment texts after 
reviewing the revised draft. 
Answer:  
Small primary producers are subsiste nce farmers who are not able to keep records of their production. 
Their annual turnover is certainly less than the minimum.  WT/ACC/SAM/6 
 Page 17 
 
 
 Question 40 
Paragraphs 54-55 of WT/ACC/SPEC/SAM/4 refer.  We understand VAGST is 12.5 per cent, 
not 10 per cent as indicated in the draft Working Party Report.  Also, while we understand that primary producers are exempt from VAGST it is unclear how this is managed given the 
VAGST is levied on goods rather than on producers.  We seek further clarifications.  
Answer:
 
The rate of VAGST was recently increased to 12.5 per cent.  The draft Report should be modified 
accordingly . 
- Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 41 
Paragraph 58 of WT/ACC/SPEC/SAM/4 refers.  What is Samoa's legal authority to restrict 
imports?  Under what circumstances, other than  those listed, does Samoa contemplate applying 
such measures? 
Answer:  
Paragraph 58 of WT/ACC/SPEC/SAM/4 states that Sa moa's legal authority to restrict imports is 
contained in Section 49 of the 1997 Customs Act.  This should be amended to read 1977, but is 
otherwise correct. Samoa has no present plans to impose import restrictions.  It plans to amend this provision as from accession and is willing to accept the protocol commitment now in square brackets 
in paragraph 61 of WT/ACC/SPEC/SAM/4. 
Samoa's legal authority to restrict imports is lo cated in section 49 of the Customs Act 1977.  Under 
Section 49(3) and 49(4), the Head of State may by order prohibit the importation into Samoa of goods if in his opinion such exercise is necessary a) in the public interest, b) for the protection of revenue, 
c) for the efficient administration of the Customs Acts, d) for the prevention of fraud or deception, 
whether in relation to the Customs Acts or not, e)  the prevention of any infectious disease within the 
meaning of the Health Ordinance 1959, or f) in r espect of goods whose sale in Samoa would be an 
offence against the law.  Any prohibition may be general, specific, absolute or conditional.  
Conditions may include requiring a permit or  satisfying further prescribed conditions. 
 
Question 42 
Paragraph 59 of WT/ACC/SPEC/SAM/4 refers.  We would appreciate clarification in this 
paragraph that distinguishes between licensing a pplied to specific goods and activity licensing, 
with particular attention to products that require both, e.g. for pesticides, liquor, etc. 
Answer:  
Liquor.  Paragraph 59 should not deal with activity licensing as this is another name for trading rights 
which, in line with standard practice, is dealt with  above in a section of its own.  Please see the answer 
to Question 23 above in that section which, among ot her things, requests the deletion of the last six 
sentences in paragraph 59 because these deal with  trading rights and not with import licences. 
Pesticides.  The information contained in the answer to Question 23 in WT/ACC/SAM/5 should be 
included in the draft Report under the heading Import Licensing Procedures.  For additional clarity, the second and third lines on page 15 of that documen t should read "…before a licence is issued to WT/ACC/SAM/6 
Page 18  
 
 import them.  These licences are required…"  and the l ast full line should read "while the fee for the 
licence depends on..." 
Question 43 
Can retailers import or do they need a second licence? 
Answer:  
Retailers can import and do not need a second licence.  
Question 44 Paragraph 59 of WT/ACC/SPEC/SAM/4 refers.  Fr om the information provided by Samoa in 
the Working Party Report, it is unclear wheth er its import licensing requirements for alcohol 
and pesticides meet the requirements of the WTO Agreement on Import Licensing Procedures.  In particular: 
- the import of pesticides is subject to both  registration and licensing requirements and 
fees.  No explanation for these dual licen sing requirements is offered in the draft 
Working Party Report.  However, Samoa's response to Question 23 (page 15 of WT/ACC/SAM5) does provide a detailed explanation.  This should be included in the Working Party Report; and 
- the licence fee "depended on the type of p esticide and quantity to be imported". 
Article VIII requires that fees reflect the cost  of the services rendered.  The size of the 
licence fee, hence, should reflect the cost  of administering and issuing the licence and 
should not be dependent on the type or quantit y of the imported item.  This constitutes a 
violation of Article VIII. 
We recommend that Samoa insert an ad ditional paragraph recognising these WTO 
inconsistencies within its licensing system and a commitment to adapt its system to meet all 
relevant WTO rules in relation to licensing. 
Answer:
 
Samoa agrees that its response to Question 23 in  WT/ACC/SAM/5 be included in the Working Party 
Report, amended as suggested in the answer to the previous question.  As stated in that answer, 
Samoa does not produce pesticides.  Given its very small size and its status as a least-developed 
country, it will not produce these products in any for eseeable future.  The regulations on this product 
therefore in fact regulate the u se of pesticides in Samoa and do not protect domestic production.  The 
fees are required to control their harmful effects on the environment in accordance with the polluter 
pays principle.  Samoa is prepared to enter into a Protocol commitment to ensure that its system for 
the control of pesticide use is in  conformity with WTO provisions as from the date of its accession to 
WTO. 
Question 45 
Table 6 contains only information on fees for buying and selling liquor, although paragraph 59 
states that the table also includes fees to pro duce and import liquor.  We are interested in 
ensuring that imported product is not trea ted less favourably than domestic product. 
We request that information on fees to produce and import liquor be incorporated in Table 6.  WT/ACC/SAM/6 
 Page 19 
 
 
 Answer:  
The table referred to relates to Trading Rights, as not ed in the answer to Question 23 above under that 
heading.  Information on fees to produce and to import liquor is given in that table.  The revised table 
included in that answer reorganises the information in order to make it clearer.  
Question 46 
Table 6 of WT/ACC/SPEC/SAM/4 refers.  Please clarify the scope of the licenses needed for 
"temporary" and "importation."  
Answer:  
Table 6 deals with Trading Rights.  The answer to  Question 23 above requests that it be clarified and 
transferred to the Trading Rights Sections  of this document and the Draft Report 
WT/ACC/SPEC/SAM/4.  Table 6 should be read in  conjunction with the text explaining Samoa's 
measures on Trading Rights in those Sections. "Impor tation"  in this context means a licence giving 
the right to import.  A "Temporary License" is a licence that allows individuals, companies, association, organisations or groups to sell liquor on a temporary basis such as one-off events/functions. 
Question 47 
Paragraph 61 of WT/ACC/SPEC/SAM/4 refers.  We would like to add reference to BOP to the 
commitment language of the report. 
Answer:  
The text of the commitment already refers to Ar ticle XVIII of GATT 1994, which deals with Balance 
of Payments Restrictions. Samoa supports the add ition of the words "… and the Understanding on 
Balance of Payments Provisions of the GATT 1994"  after the words "…Technical  Barriers to Trade"  
in the last line of the commitment". 
- Customs valuation  
Question 48 
Paragraph 62 of WT/ACC/SPEC/SAM/4 refers.  What progress has Samoa had in moving 
forward on implementation?  Does the ASYCUDA sy stem provide for the generation of specific 
prices for imported goods?  When will we be able to see the new draft legislation? 
Answer:  
The ASYCUDA system is designed to facilitate trad e.  It records specific transactions but does not 
generate specific prices for use e.g.  for purposes of customs valuation.  
For plans to bring Samoa's customs valuation system fully into conformity with WTO provisions 
please see answer to Question 50. 
Question 49 
Table 7 of WT/ACC/SPEC/SAM/4 refers.  Please confirm that Samoa is seeking a total of three 
years to from the date of accession to implement WTO. WT/ACC/SAM/6 
Page 20  
 
 We do not believe linkage made with tec hnical assistance is necessary or warranted. 
We seek a strong but flexible commitment that lays out precisely the timetable for compliance 
that can be used as a guide for the provision of  technical assistance.  We will have suggestions 
after we have reviewed the revised draft Report 
Answer:
 
Please see answer to next question. 
Question 50 
Paragraphs 62 and 63 of WT/ACC/SPEC/SAM/ 4 refer.  We support granting Samoa a 
transitional period to enable full implementation of Agreement on Implementation of Article VII of GATT 1994. 
However, an additional Paragraph needs to be added to this section to clearly specify Samoa's 
request for a transitional period, the conditions to apply during the transitional period, the end date for the transition, and the commitments that Samoa will undertake. 
We have several concerns with the action plan provided in Table 7.   i) We do not support the direct link made in the table between provision of adequate 
technical assistance and the fulfilment of Samo a's obligations.  We suggest this direct 
link be removed; 
ii) We would like to see greater detail in this action plan, including: 
- specific dates (e.g. January 2004 etc)  for completion of each task;  
- more detailed information on sub-steps required to complete each action; and 
- information on resources available to Samoa to complete each task (i.e. technical 
assistance already promised, and areas where Samoa requests new technical 
assistance). 
We recommend Samoa revise its action plan along these lines. 
Answer:
 
A revised action plan, along  the lines suggested, will be submitted shortly. Question 51 We are sympathetic to Samoa's request for a transition period to implement the Customs 
Valuation Agreement - given their LDC status. With regard to the action plan in Annex Table 7, we would encourage Samoa to provide further details of technical assistance needed and 
clarification of whether the time frame envisage d for implementation of commitments is from 
the date of accession or the receipt of technical assistance.  As part of this we suggest that Samoa 
provide details of any planned Customs related capacity building or technical assistance that 
has been accepted by Samoa, which would aid in  assisting implementation of the WTO Customs 
Valuation Agreement.  On the link that is  made between technical assistance and 
implementation in Annex Table 7, we suggest a careful balance needs to be struck between 
flexibility and the attendant obligations of WTO Membership. Making commitments 
conditional on technical assistance upsets this  balance and we could not support this.   WT/ACC/SAM/6 
 Page 21 
 
 
 Answer : 
Please refer to previous answer . 
- Rules of origin 
Question 52 
Paragraph 64 of WT/ACC/SPEC/SAM/4 refers.  Are there any legislative initiatives on rules of 
origin? Do the measures in the dra ft commitment exist in current law? 
Answer:  
The Pacific Island Countries Trade Agreement (PIC TA) recently entered into by Samoa included 
detailed rules of origin (for more on this Agreement, please see the section on Trade Agreements below).  These rules of origin would be incorporated into Samoan law.  
- Preshipment inspection 
Question 53 
We will seek a more comprehensive commitment and suggest redrafting the section along the 
following lines: 
67. The representative of Samoa stated that his Government did not use the services 
of pre-shipment inspection firms and had no intention of doing so.   Members of 
the Working Party asked that Samoa undertake a commitment indicating that if 
such services should be employed in the future, they would conform to WTO 
provisions in their operations, e.g. in th e application of fees for services rendered, 
observance of other WTO requirements in customs processing, and in providing right of appeal to the Government.   
67bis. In response, the representative of Samoa confirmed that if a pre-shipment 
inspection system would be introduced in the future, it would be temporary.  The 
Government of Samoa would take responsibility to ensure that the operations of 
any pre-shipment inspection companies it retained would meet the requirements of the WTO Agreements, in particular the Agreements on Pre-shipment  Inspection, Import Licensing Procedu res, Customs Valuation, Sanitary and 
Phytosanitary Measures and Technical Barri ers to Trade.  He further confirmed 
that charges and fees applied by such comp anies would be consistent with Article 
VIII of GATT 1994, and that such system  would comply with the due process 
and transparency requirements of the WT O Agreements, in particular Article X 
of GATT 1994, and the Agreement on the Implementation of Article VII of 
GATT 1994.  The Working Party took note of these commitments. ] 
Answer:
 
Samoa can confirm that it is willing to accept a commitment to comply with the relevant WTO 
provisions, particularly the Agreement on Preshipment  Inspection.  It therefore suggests that the 
section be redrafted as follows: 
"67. The representative of Samoa stated that  his Government did not use the services of 
pre-shipment inspection firms and had no in tention of doing so.  Members of the WT/ACC/SAM/6 
Page 22  
 
 Working Party asked that Samoa undertake  a commitment indicating that if such 
services should be employed in the future, th ey would conform to WTO provisions in 
their operations, e.g., in the application of fees for services rendered, observance of other WTO requirements in customs processing,  and in providing right of appeal to 
the Government. Samoa confirmed its willi ngness to accept a commitment that if such 
services should be employed in the fu ture, Samoa would conform to the WTO 
provisions relevant to preshipment inspection activities, including the Agreement on Preshipment Inspection, which inte  alia , obliged user WTO Members to ensure that 
preshipment inspection activities were carried out  in accordance with its provisions.  It 
was Samoa's understanding that the WTO Members had negotiated this Agreement 
because preshipment inspection entities were not government bodies and they agreed 
that a specific set of rules was needed to gove rn their activities.  To give one example, 
it was considered inappropriate to include  a provision in the Agreement applying the 
rules on fees and charges for services rendered accepted by governments in Article VIII of GATT 1994 to PSI entities. Article VIII is interpreted to allow governments to 
charge only variable costs of rendering thei r services, e.g. the cost to the Customs 
service of processing a document, and not fixed costs, e.g. the cost of building and maintaining customs posts.  However, PSI en tities were private companies that had to 
cover their total costs and make a reasonable profit. The footnote to Article 20 of the 
Agreement on PSI already laid down the obligations of user Members with respect to the services of PSI entities in connection with  customs valuation.  To give another 
example of the way in which WTO recognised that specific rules should govern PSI, 
the Agreement obliged user Members to en sure that PSI entities established appeals 
procedures, it established independent revi ew procedures as well as consultation and 
dispute settlement procedures. 
67bis. The representative of Samoa confirmed that if a pre-shipment inspection system 
would be introduced in the future, it would be temporary.  The Government of Samoa 
would comply fully with the WTO provisions relevant to preshipment inspection activities, including the Agreement on Presh ipment Inspection.  The Working Party 
took note of these commitments."  
- Anti-dumping, countervailing duty and safeguard regimes 
Question 54 
Paragraphs 68-70 of WT/ACC/SPEC/SAM/4 refer.  Members' expectations of Samoa in this 
area need to be better clarified.  Members do not expect Samoa, as is suggested in paragraph 69, 
to implement a full anti-dumping, countervailing duties and safeguard regime.   
Instead, Members only expect that Samoa would repeal or modify that part of its legislation 
(i.e. Section 9 of the Customs Tariff Act of 1975) th at is inconsistent with WTO rules.  It would 
not be necessary to draft new legislation if Sa moa were prepared to agree to the commitment 
language provided in Paragraph 70. 
Answer:
 
Section 9 of the Customs Tariff Act 1975 will be am ended as from accession to bring it into line with 
Samoa's WTO obligations.  Samoa can agree to  the commitment language in paragraph 70.  WT/ACC/SAM/6 
 Page 23 
 
 
 Question 55 
Samoa's commitment on trade remedies (paragraph 70) needs to be strengthened.  Section 9 of 
the Customs Tariff Act 1975 is not in conformity  with the WTO Anti-dum ping Agreement.  The 
representative of Samoa has indicated that a rev iew of the Customs Tariff Act 1975 is pending. 
We encourage Samoa to develop a legislative action  plan to ensure legislation is consistent with 
and implements trade remedy obligations to the extent required.   
Answer:  
Please refer to previous answer.  A detailed legi slative action plan will be submitted shortly. 
Question 56 
We note that in its response to Question 32 in WT/ACC/SAM/5, Samoa indicates that it is ready 
to take a commitment in this area.  That should  be reflected in the draft Report as actual 
commitment language. 
Answer:  
Please see the answer to Question 54 above. 
B. EXPORT REGULATIONS 
- Customs tariffs, fees and charges for services rendered, application of internal taxes to 
exports 
Question 57 Paragraph 71 of WT/ACC/SPEC/SAM/4 refers.  Pl ease confirm that Samoa charges no export 
duties. 
Answer:
 
Samoa confirms that it does not charge any export duties. 
Question 58 
Paragraph 71 of WT/ACC/SPEC/SAM/4 addresses registration requirements, licensing and 
reporting.  It does not address Customs Tariff s, Fees and Charges for Services Rendered, and 
Internal Taxes on Exports. 
We request that information be included in this Paragraph that describes these aspects of 
Samoa's export regime and the reforms and co mmitments being undertaken in these policy 
areas. 
Answer:  
Samoa does not charge any export duties on exports. VAGST is rebated on exports in accordance w ith standard international practice. WT/ACC/SAM/6 
Page 24  
 
 - Export restrictions 
Question 59 
We note the responses to Questions 33 and 34 in WT/ACC/SAM/5, and seek an update from 
Samoa on how it intends either to eliminate its export bans on logs and Kava planting materials or to amend its laws to provide for WTO consistent restrictions. 
Answer:
 
The Ministry of Agriculture (MoA) have recently instigated a "logging code practice" to regulate 
logging in Samoa.  The ban on logging was impl emented for Environmental reasons.  Indigenous 
logging is affecting watersheds and the environm ent, MoA foresees another two-three (2-3) years 
before it is stopped completely  
The ban on the exportation of logs was imposed to allow for sustainability and conservation measures 
to take root.  It is in Samoa's national interests th at the remaining forests be conserved to allow for the 
conservation of the environment and rehabilitation a nd reforestation.  This ban was considered  
necessary for the conservation of th e few remaining forest areas, as other methods of control were 
open to abuse.  The prohibition remains in place afte r recent fires in Aopo/Falealupo, a major forestry 
area, as well as the recent Cyclone Heta, which resulted in severe destruction and devastation of 
Samoa's forest resources.  It was noted in  paragraph 73 of WT/ACC/SPEC/SAM/4, that the 
prohibition would be reviewed once the programme of reforestation carried out by the Forestry 
Division of the Ministry of Agriculture would be completed, taking into acc ount soil erosion effects, 
watershed catchment areas, water quality, and ag riculture and environmental issues.  The initial 
reforestation plan had been reviewed and a new pl an has been drawn up. It is being undertaken on 
state forests. However, the plan has had to be put on hold for the rest of Samoa forestry to allow for 
the rehabilitation of forests and forestlands devastat ed by forest fires and Cyclone Heta.  Provisions 
restricting domestic commercial logging exist in th e draft Forest Act of 1967 and draft Forest 
Resource Policy, and national standards for logging ar e set out in the draft Code of Logging Practice 
(COLP).  These texts still remained to be approved by the Cabinet. 
The prohibition of the export of kava planting mate rials has been lifted and the exportation of such 
materials is now permitted. 
Question 60 
Paragraph 72 of WT/ACC/SPEC/SAM/4 refers.  Please indicate the legal authority and the 
reasons for the export bans listed.  Are similar co ntrols in place to limit production, or are these 
applied only on exports? 
Answer:  
Prohibited Exports of: 
- Raw logs: Order Prohibiting export of Logs 1990; Customs Act 1977; 
- Live corals: Land, Surveys and Environment Act 1989, s.119 and s.120;  - Kava planting material: Prohib ited under a Cabinet Directive; 
- Samoan antiquities: Samoan Antiquities Ordinance 1954; and 
- Birds: Protection and conservation of Wild Birds Regulation 1993.  
The Forests Act 1967 regulates the issue of logging of forests.  A license is required before any person 
endeavouring to invest in the manufacturing of ti mber is required to obtain one.  There is a  WT/ACC/SAM/6 
 Page 25 
 
 
 requirement for rent and royalty payments to be made upon such conditions as may be stipulated by 
regulation or as may be agreed to by the Ministry and the investor. 
Question 61 
Paragraph 73 of WT/ACC/SPEC/SAM/4 refers.  What is the status of the reforestation plan? 
Answer:  
As reported above, the initial refor estation plan had been reviewed and a new plan has been drawn up. 
The reforestation plan is being undertaken on state forests.  However, it has been put on hold for the 
rest of Samoa forestry to allow for the rehabilitatio n of forests and forestlands devastated by forest 
fires and Cyclone Heta in 2004. 
Question 62 
Paragraph 76 of WT/ACC/SPEC/SAM/4 refers.  We would appreciate an update. Answer:
 
Refer to response to Question 59 for an update. 
- Export subsidies 
Question 63 
Please note the responses to Questions 35 and 36 in WT/ACC/SAM/5 and include them in the 
revised draft Working Party report with additional information on the specific 
measures/incentives that were abolished. 
Answer:  
The reply to Question 35 in WT/ACC/SAM/5 is in cluded in paragraph 77 of the Draft Report 
WT/ACC/SPEC/SAM/4.  Please add to paragraph 77 that the Export Finance Facility had offered a 
3 per cent margin of interest rate on loans to finance exports: the loans were offered by the 
Commercial banks at an interest of  9 per cent instead of the 12 per cent as per normal interest. 
The answer to Question 36 in WT/ACC/SAM/5  should be read together with the answer to 
Question 108 in WT/ACC/SAM/4 giving Samoa's pos ition on its Protocol commitment.  It is 
suggested that the Protocol commitment should also  take into account the commitments undertaken in 
this area by the two least-developed countries that  have recently completed their accessions, Nepal 
and Cambodia, which specifically refer to Ar ticle 27:2 of the Agreement on Subsidies and 
Countervailing Measures.  Accordingly, the following  text should replace the text in paragraph 79 of 
the Draft Report WT/ACC/SPEC/SAM/4: "The representative of Samoa confirmed that from the date of accession, Samoa would conform to all the provisions of the Agreement on Subsidies and Countervailing Measures, including Article 27:2."  WT/ACC/SAM/6 
Page 26  
 
 C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Technical barriers to trade, standards and certification Question 64 In addition to pesticide requirements and en vironmental measures (paragraph 83), the Fair 
Trading Act, Fair Trading Labelling Act, a nd Pharmaceutical Drugs Regulations may also 
include technical regulations and standards.  We  invite Samoa to clarify whether these and any 
other instruments pertaining to technical regul ations and mandatory standards are consistent 
with the requirements of the TBT and SPS Agreements.  
Answer:
 
The Fair Trading Act has provisions to set up Regul ations to prescribe Product Safety or Quality 
Standards for any specified kind of goods (Approve d Standards).  Samoa does not have any Approved 
Standards set for any goods.  However, Samoa will ensure that all approved standards to be set for 
any goods will abide by the TBT Agreement.  
Question 65 
Paragraphs 82-85 of WT/ACC/SPEC/SAM/4 refer.  We appreciate Samoa's statement that it 
does not apply standards or technical regulations to imports.  We note, however, that it has 
adopted a pesticide labelling requirement that is, in  fact, a technical regulation.  It should be 
noted as such in the report 
Answer:  
May be noted in report. 
Question 66 
Paragraph 85 of  WT/ACC/SPEC/SAM/4 refer.  We  believe that Samoa should establish a basic 
system of transparency, including an enquiry point, a notification process to the WTO, and 
access to web-based facilities for circulating drafts for review and comment.  In this regard, we 
suggest the following redraft of the commitment: 
85. with the provisions of the Agreement on Technical Barriers to Trade, including 
the publication or posting on a website  of draft technical regulations and 
conformity assessment requirements for review and comment at least 90 days prior to implementation.   Samoa would... The Working Party took note of these 
commitments. 
Answer:
 
Samoa can agree to the proposed commitment. - Sanitary and phytosanitary measures  Question 67 We are sympathetic to Samoa's request for a tr ansition period to implement the SPS Agreement 
- given their LDC status.  With regard to the ac tion plan in Annex Table 8 we would encourage  WT/ACC/SAM/6 
 Page 27 
 
 
 Samoa to provide further details of technical a ssistance needed and clarification of whether the 
time frame envisaged for implementation of commi tments is from the date of accession or the 
receipt of technical assistance.   Also, a careful  balance needs to be struck between flexibility 
and the attendant obligations of WTO Membe rship.  Making commitments conditional on 
technical assistance upsets this bala nce and we could not support this.  
Answer:  
Please refer to Questions 68.  
Question 68 
Paragraphs 86-95 of WT/ACC/SPEC/SAM/4 ref er.  We support Samoa's request for a 
transition period within which to implement fully the SPS requirements of the WTO.   
Paragraph 95 needs to be expanded to specify cl early Samoa's request for a transitional period, 
the conditions to apply during the transitional period, the end date for the transition, and the commitments that Samoa will undertake. 
We have several concerns with the action plan provided in Table 8.   (i) We do not support the direct link made in the table between provision of adequate 
technical assistance and the fulfilment of Samo a's obligations.  We suggest this direct 
link be removed. 
(ii) We would like to see greater detail in this action plan, including: 
- specific dates (e.g. January 2004 etc)  for completion of each task; 
- more detailed information on sub-steps required to complete each action; 
- information on resources available to Samoa to complete each task (i.e. technical 
assistance already promised, and areas where Samoa; and 
- requests new technical assistance). 
We recommend Samoa revise its action plan along these lines. 
Answer:
 
The requested transitional period will ensure pa ssage of applicable legislation and for full 
knowledge/understanding of legislativ e requirements by Government de partments and stakeholders.  
This will also ensure control inspection and pro cedures are fully operational and all staff of the 
Quarantine Division of the Ministry of Agriculture, Forests, Fisheries and Meteorology is adequately 
trained. 
An action plan, along the lines suggested, will be submitted shortly.  
Question 69 
We would appreciate updated information on this section.  Import bans should not be used for 
sanitary/phytosanitary purposes.  We believe a basic system should  be put in place that provides 
an enquiry point, a method of notification, and a web-based facility to provide for posting a technical regulations for commen t prior to implementation.   WT/ACC/SAM/6 
Page 28  
 
 Answer:
 
Please see answer to previous question. 
Question 70 
Table 8: Please confirm that Samoa is seeking a to tal of two years to from the date of accession 
to implement WTO provisions. 
We do not believe linkage made with tec hnical assistance is necessary or warranted. 
We seek a strong but flexible commitment that lays out precisely the timetable for compliance 
that can be used as a guide for the provision of  technical assistance.  We will have suggestions 
after we have reviewed the revised Draft Report 
Answer:  
Please refer to response to Question 68. 
- State-trading entities 
Question 71 Paragraph 98 of WT/ACC/SPEC/SAM/4 refers.  Sa moa notes that the 5 year contract to supply 
and distribute oil and petroleum products is an  exclusive arrangement, although these do not 
constitute quantitative restrictions.  Howeve r these arrangements involve other special 
privileges in relation to purchases and sales that  affect importation.  Accordingly we consider 
them to be covered by Article XVII of GATT 1994. 
We suggest that Samoa acknowledge this in Paragraph 98. 
Answer:
 
Following an extensive tendering process in August 2003, Shell Company is now the new supplier of 
petroleum products.  Their contract expires in 2008. 
Samoa's previous replies on this subject have b een based on the working definition of state trading 
enterprises in the Understanding on the Interpretation of Article XVII.  Samoa accepts that Mobil, and 
now Shell, have been granted exclusive rights but sugg ests that the level of imports is not affected and 
that these companies have not been granted the "exc lusive or special rights or privileges including 
statutory or constitutional powers, in the exercise of which they influence through their purchases or 
sales the level or direction of imports or exports"  re ferred to in the working definition.  In particular, 
this arrangement does not affect the level of imports because the arrangement does not permit the 
company to charge monopoly prices.  It is worth noting that Samoa has one of the lowest fuel prices net of taxes in the Pacific region. 
Samoa suggests that the fifth and sixth sentences of paragraph 98 be modified to read: "Following an 
extensive and competitive tendering process carried out in August 2003, Shell Company is now the 
new supplier of petroleum products.  That contract will expire in 2008.  While these companies have 
been granted exclusive rights, the contract does not affect the total level or direction of imports or 
exports.  The award of contract is a conscious policy decision to rationalise the importation of 
petroleum products so as to generate efficiency gain s for the benefit of consumers.  The operation of 
Shell as the current supplier is therefore not cons idered a state-trading enterprises under the working  WT/ACC/SAM/6 
 Page 29 
 
 
 definition adopted in the Uruguay Round Understandi ng on this subject.  This arrangement does not 
affect the level of imports as it does not permit the company to charge monopoly prices.  It should be 
noted that Samoa has the most competitive fuel prices in the Pacific."   It hope s that this explanation 
clarifies the issue raised. 
Question 72 
Paragraph 98 of WT/ACC/SPEC/SAM/4 refers.   As Mo bil, or some other firm, is to be given an 
exclusive right periodically to trade in petrol eum products, these firms should be notified as 
state trading enterprises. 
Answer:  
Please see the answer to the previous question. Question 73 Please provide the list of goods imported by th e Government referred to in the response to 
Question 11 in WT/ACC/SAM/5.  Please indicate  if these imports are made by designated 
private firms, or by state-owned enterprises.  Please describe whether the right to import these 
products was given exclusively to these firms for any length of time. 
Answer:
 
Information about the heading in Samoa's trade st atistics relating to impor ts by Government was 
provided in answer to Question 42 in WT/ACC/SA M/4 and Question 11 in WT/ACC/SAM/5.  These 
are not imported by designated private firms or by state owned enterprises but are imported directly by the Government for its own use under a syst em of competitive bidding which conforms to 
international practice.  Details have been pr ovided in answers to questions on government 
procurement (WT/ACC/SAM/4, Question 135).  Please  see also the section of the Draft Report on 
that subject WT/ACC/SPEC/SAM/4, page 26.  
Question 74 
Paragraph 99 of WT/ACC/SPEC/SAM/4 refers.  A fter improvement of the factual basis for the 
section, we seek confirmation that there are no  other state-owned enterprises engaged in trade 
in goods other than those listed. 
Answer:
 
A revised table providing additio nal information on state owned enterprises has been supplied in 
answer to Questions 12 to 14 above.  Please see the answers to those Questions.  These confirm that 
Samoa has no state-trading enterprises.  
- Free zones, special economic areas 
Question 75 
Paragraph 102 of WT/ACC/SPEC/SAM/4 refers.  Pl ease clarify what, if any, authority remains 
to grant incentives to firms locating in the zones, and what those incentives are. WT/ACC/SAM/6 
Page 30  
 
 Answer:
 
Paragraphs 102 and 103 of the Dr aft Report, WT/ACC/SPEC/SAM/4, s hould be amended to read as 
follows to reflect and clarify the reply to Question 51 in WT/ACC/SAM/5: 
"102.  The representative of Samoa said that th e provisions of the Industrial Free Zone Act 
of 1974 foreseeing the establishment of Free Zones had been repealed by the 
Enterprise Incentives and Export Promoti on Act of 1992/1993.  The incentives 
available to domestic and foreign invest ors operating in these parks foreseen under 
the Industrial Free Zone Act of 1974 – i.e. exemption from import duties and income tax – were no longer applicable. No author ity to grant incentives remains therefore. 
 103.  Samoa had two industrial parks but th ese were neither free zones nor free economic 
zones.  They simply comprised land made available by the Government on a lease 
basis, usually for 20 years with the right of renewal for another 20 years.  There were 
no performance requirements and no incentiv es were provided. Foreign and local 
investors were treated on an equal basis. Th e output of any firms located in the parks 
was subject to VAGST in the normal way."  
Samoa can agree to the draft commitment in the Draft Report.  
- Agricultural policies 
Question 76 We request a more definitive statement on Samoa's part in Paragraph 116. 
We propose that the second sentence be replaced by the following: "The Representative of 
Samoa agreed that, upon Samoa's accession, his country would bind its agricultural export 
subsidies at zero in its Schedule of Concessions and Commitments on Goods, and not maintain 
or apply any export subsidies for agricultural pr oducts.  The Working Party took note of these 
commitments."  
Answer:
 
May be noted in report. Question 77 Document WT/ACC/SPEC/SAM/3/Rev refers.  We are pleased with Samoa's submission of 
revised domestic support and export subsidy tabl es and wish to raise the following points to 
assist Samoa in correctly classifying program s in compliance with the WTO Agreement on 
Agriculture.  
Green Box Programs.  We suggest that Sam oa provides a Total Value for Total Green Box 
payments for insertion in Table DS: 1 following "Inspection Services".  WT/ACC/SAM/6 
 Page 31 
 
 
 Answer:  
 Total Value (ST$) 
Research  1,468,100 
Pest and Disease Control 2,129,679 
Extension and Advisory Services 5,905,805 
Inspection Services  1,776,300 
TOTAL GREEN BOX 11,279,884 
[include in Table DS:1] 
Question 78 
Document WT/ACC/SPEC/SAM/3/Rev refers.  Insp ection Services.  Could Samoa confirm that 
support does not involve direct payments to pr oducers in compliance with  the General Services 
criteria Annex 2, Paragraph 2?  
Are payments for inspection services continge nt on export of the product concerned? 
Answer:  
Samoa confirms that Inspection Services support do es not involve direct payments to producers in 
compliance with the General services criteria Annex 2,  paragraph 2.  Payments are not contingent on 
export of the products. 
Question 79 
Document WT/ACC/SPEC/SAM/3/Rev refers.  Expo rt Subsidies.  We are very pleased to see 
that Samoa's export subsidy tables reflect a ze ro level of export subsidies – which will be 
accordingly incorporated in Samoa's Schedule of Commitments upon accession. 
Answer:  
Noted. 
Question 80 
We request that the following Paragraph be in serted after Paragraph 116 (as amended as per 
our request above): 
116 bis. Samoa's commitments on agricultura l tariffs and on domestic support 
and export subsidies for agricultural products are contained in the 
Schedule of Concessions and Commitments on Goods (document WT/ACC/SAM/…/Add.1) annexed to  Samoa's draft Protocol of 
Accession to the WTO.  
Answer:
 
Samoa can accept this text.  WT/ACC/SAM/6 
Page 32  
 
 V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
- GENERAL Question 81 We appreciate the difficulties faced by Samoa in meeting TRIPS requirements.  We support 
Samoa's request for a transition period within which it will implement all aspects of the TRIPS 
Agreement. 
While the action plan provided in Table 9 is a good first step, we do not support the linkage 
made between the provision of technical assi stance and fulfilment of Samoa's obligations. 
We suggest that this direct linkage to be removed from the Working Party Report. We also suggest that Samoa provide a more thorough plan of steps and sub-steps required to be 
taken and tabulate them against specific timeframes.   
We would like to see greater detail in this action plan, including: - specific dates (e.g. January 2004 et c) for completion of each task; 
- more detailed information on sub-steps required to complete each action; and - information on resources available to Sam oa to complete each task (i.e. technical 
assistance already promised, and areas where Samoa requests new technical assistance). 
We suggest that Samoa revise its Action Plan along these lines, drawing as necessary on findings 
and work to date under the Regionally Focussed Action Plan. 
Answer:
 
A revised action plan, along the lines suggested, will be submitted shortly. Samoa requests that the following text be included in the section of the draft Report dealing with 
TRIPS: "The representative of Samoa confirmed that the terms of its accession did not preclude 
access of Samoa and LDCs to the benefits under th e Doha Declaration on the TRIPS Agreement and 
Public Health (WT/MIN/(03)/SR/4). The Workin g Party took note of this commitment."  
Question 82 
We need additional information from Samoa on the status of its review of this sector.  In line 
with the request in Question 59 on WT/ACC/SAM/5, we would like to know if Samoa has 
addressed its IPR requirements as outlined in WT /ACC/9 and the status of its revision of its 
laws protecting intellectual property rights. 
Answer:
 
Please see answer to previous question. 
Question 83 
Table 9:  Please confirm that Samoa is seeking a total of three years from the date of accession 
to implement WTO provisions.  WT/ACC/SAM/6 
 Page 33 
 
 
 Answer:  
Please see answer to Question 81. 
Question 84 
The action plan in Annex Table 9 would benefit from further details of technical assistance 
needed and clarification of whether the time frame envisaged for implementation of 
commitments is from the date of accession or the receipt of technical assistance.  With regard to 
the link made between implementation and technical assistance, we are of the view that a careful balance needs to be struck between fl exibility and the attendant obligations of WTO 
Membership.  Making commitments conditional on  technical assistance upsets this balance and 
we could not support this.  
Answer:
 
Please see answer to Question 81. 
Question 85 
We seek a strong but flexible commitment that lays out precisely the timetable for compliance 
that can be used as a guide for the provision of  technical assistance.  We will have suggestions 
after we have reviewed the revised Draft Report 
Answer:  
Please see answer to Question 81. 
VI. POLICIES AFFECTING TRADE IN SERVICES 
Question 86 Paragraph 144 of WT/ACC/SPEC/SAM/4 refers.  Please provide the specific address of the 
enquiry point. 
This section of the report should remain open , pending completion of the market access 
negotiations, to ensure that the informatio n compliments, and does not contradict, the 
commitments undertaken in the schedules. 
Answer:
 
Chief Executive Officer 
Ministry of Foreign Affairs and Trade  PO Box L1859 Apia, SAMOA  Tel: (0685) 24048 
Fax: (0685) 21504 
Email: mfa@mfa.gov.ws
 WT/ACC/SAM/6 
Page 34  
 
 Question 87 
We note that Samoa has listed in this sectio n of the Report a number of MFN exemptions, 
National Treatment exemptions and Market Ac cess qualifications applicable to the services 
sector which will be subject to further bilateral negotiation.  The outcome of these negotiations 
will affect this section of the Working Party Re port.  We may therefore wish to make comments 
on this section at a later stage, after we have had the opportunity to receive and examine a new 
services offer from Samoa.  At this point we have a few suggestions on the Report. 
Paragraph 145 of WT/ACC/SPEC/SAM/4 refers.  Our concerns raised in relation to 
paragraph 16 are also relevant to this Paragrap h.  The question also arises in the horizontal 
commitments in Samoa's proposed services schedule. 
Answer:
 
Samoa's schedules are currently being revised with technical assistance from WTO.  These 
recommendations will be taken into consideration. 
Question 88 
Paragraph 146 of WT/ACC/SPEC/SAM/4 refers.  Samoa has not responded to the question 
raised by a Member on temporary entry and mo vement of natural persons and restrictions on 
Mode 2 supply.   
We suggest that Samoa provide a response to this Question. 
Answer:  
Pursuant to the Immigration Act 2004 a person may be  granted a visitor permit to enter Samoa once 
or more often during the currency of the permit a nd to remain in Samoa for a period of up to a 
maximum of 60 days for business purposes other than to take up employment in Samoa. 
Alternatively, a person may be granted a temporar y resident permit to enter Samoa and re-enter 
Samoa during the currency of the permit and to re main in Samoa temporarily up to a maximum of 
3 years for the conduct of business in Samoa. Permanen t residency is also available by application.  
Question 89 
In paragraph 146, it is mentio ned that Samoa delivers work perm its to foreign workers if skills 
are not available locally.  In this regard, we would be grateful if Samoa could provide more 
detailed information as to the kind of skills/pro fessions for which work permits are issued. 
Answer:  
Any person who is not a citizen of Samoa or the ho lder of a permanent resident permit issued under 
the Immigration Act and who seeks to undertake employ ment in Samoa must apply to the Minister for 
Immigration to be granted an entr y permit to undertake employment in Samoa.  The application is to 
be provided to the CEO of the Ministry of Comme rce, Industry and Labour to assess the application 
having regard to (a) the nature of the proposed  employment and any technical or professional 
requirements involved in the performance of the pro posed employment; (b) the likelihood of a citizen 
or person holding a permanent resident permit having the requisite technical or professional 
requirements being available for such employment; (c ) the interest of Samoa generally;  and (d) any 
other matter determined by the CEO as relevant to protecting the employment opportunities in Samoa 
of citizens and permanent residents and in the inte rests of Samoa.  The decision to grant an entry  WT/ACC/SAM/6 
 Page 35 
 
 
 permit to undertake employment in Samoa is made  by the Minister, having considered the CEO's 
report if available or otherwise, having considered the requirements of the Act himself. Under the Act, 
entry permits to undertake employment in Samoa have been granted for a wide range of reasons. 
Question 90 
Paragraph 147 of the draft Working Party Repo rt states that "providers of environmental 
services were selected by a committee appointed on an ad hoc basis".  We would be grateful for 
further explanation of the membership of this committee and the criteria used by the committee 
in selecting providers (noting that Samoa has in cluded Environmental Services in its Offer). 
Answer:  
These are assessment committees conv ened from time to time to assess the merits of proposals. 
Proposals of course are open to anyone, and the co mmittee does the short listing and then the final 
assessments, depending of course on the criteria set by the task.  In past cases, they include mainly 
those involved or subject-area, Ministry of Na tural Resources and Environment and Ministry of 
Finance. 
Question 91 
In paragraph 149, it is stated that the licensing  of insurance providers is subject to an economic 
needs test.  We would appreciate receiving more  specific information on the criteria necessary 
for such test. 
Answer:  
The proposed insurance Bill which shall repeal the existing legislation does not provide an economic 
needs test as a criteria for th e Insurance Commissioner to issue a license.  The proposed Bill is 
expected to be submitted for Parliament  approval at its next Sitting by mid 2005. 
Question 92 
Paragraph 149 of WT/ACC/SPEC/SAM/4 refers.  In its response to Question 78 of 
WT/ACC/SAM/5, Samoa provided greater detail on  the rationale behind the "economic needs 
test" applied to insurance services.   
We suggest that Samoa incorporate this information into Paragraph 149. Answer:
 
Refer to answer of Question 91. 
Question 93 
Paragraph 151 of WT/ACC/SPEC/SAM/4 refers.  In Paragraph 151, Samoa does not respond 
adequately to the question raised about the ra tionale for the limitation on foreign lawyers not 
practising as sole practitioners.  The expl anation given in response to Question 80 of 
WT/ACC/SAM5 provides greater detail. 
We will want to see appropriate commitments on legal services included in Samoa's services 
schedule. WT/ACC/SAM/6 
Page 36  
 
 Answer:
 
The current policy adopted by the Supreme Court is that non-citizen solicitors can only be admitted to 
the role of practitioners for a maximum of six years: after this they must make fresh application (including new character references) to the Law Societ y. This policy is intended to ensure that foreign 
lawyers who do not practice regularly in the jurisd iction are indeed "fit and responsible practitioners" 
in the jurisdiction where they are actually practicing,  in order to maintain the standards of the local 
bar. 
Foreign lawyers routinely practice in Samoa and produce advice and representation on specific cases 
or particular issues depending on the needs of the client .  The need to maintain a formal link to a local 
firm is necessary for the purposes of formal se rvice of the notices and documents under Civil 
Procedure rules so that local parties are not put to the trouble and expense of arranging for the 
delivery and formal service of Court documents to locations in e.g. New Zealand, Australia and the 
United States of America. 
Question 94 
For Legal services (paragraphs 151-152) Samoa a llows for an initial period of licensing to 
qualified Lawyers from certain countries for a maximu m period of 6 years.  A new application 
is required for any subsequent period.  We would like to know whether the same process used in the initial licence is also used for subsequent a pplications.  Are other factors taken into account 
in subsequent applications? For accounting services, there is also recognition of qualifications of 
certain other countries.  We would like to confirm th at this allows for a five year licence.  We 
would also like to know whether the same process used in the initial licence is also used for 
subsequent applications. 
Answer:
 
Initial/subsequent period:  A temporary certificate of public practice, whether the certificate is for the 
initial period or a subsequent one, can be issued only for a period not exceeding 1 year at a time.  
Thus a new application is required for every renewa l period.  The Society however cannot in any case 
issue to a same person temporary certificates for any period exceeding in the aggregate 5 years. 
Question 95 
Paragraph 152 of WT/ACC/SPEC/SAM/4 refers.  Samoa does not describe the conditions for 
obtaining a temporary practising certificate in th e accounting sector – in particular grounds for 
provision or refusal of such a certificate. 
We recommend that Samoa augment its response wi th greater information on the basis for 
approving or rejecting applications for temporary practising certificates. 
Answer:  
Condition/Qualification:  In order to obtain a tem porary certificate of public  practice, the applicant 
must be a member of the New Zealand Institute of  Chartered Accountants and has paid to the Samoa 
Society of Accountants the required fee, which is  currently SAT$ 250 in respect of each client.  WT/ACC/SAM/6 
 Page 37 
 
 
 Question 96 
Paragraph 155 of WT/ACC/SPEC/SAM/4 refers.  We request that Paragraph 155 be amended 
to read: 
155. Samoa's specific commitments on serv ices are contained in the Schedule of 
Specific Commitments on Services (document WT/ACC/SAM/…/Add.2) 
annexed to Samoa's draft Protocol of Accession to the WTO. 
Answer:  
Amendment noted. WT/ACC/SAM/6 
Page 38  
 
 ANNEX 
Table 1: Price Control
 
Goods Applied Mark-Up (%) Tariff Item 
Freezer Goods 37.5  
 Chicken  0207.1310 
 Lamb  0204.2200 
 Turkey  0207.2610 
 Pork Trotter  0203.2910 
Dry Goods  32.5%  
 Beer  2203.0010 
2203.1090 
 Cigarettes and Tobacco  2402.2000 
2403.1020 
 Corned Beef  1602.5010 
 Biscuits   
 Camp Pie  1602.9090 
 Sugar  1701.1100 
 Rice  1103.1400 
 Salt  2501.0010 
2501.0090 
 Flour  1101.0090 
 Potatoes   0701.9000 
 Onions   0703.1000 
 Noodles, Macaroni, Vermicelli  1902.1910 
1902.1920 
 All types of Milk  0402.9910 
0402.1010 
 All types and brands of Tinned Fish 
including Tuna canned fish  1604.1200 
1604.1500 
1604.1400 
 All types of Oil  1517.9010 
1517.9090 
 Soy Sauce  2103.1000 
 All types of laundry powders and bathing 
soap  3401.1100 
3401.1900 
 Mosquito Coils  3808.1010 
 Toothpaste  3306.1000 
 All types and brands of butter, margarine  0405.1000 
0405.9000 
Petrol and Energy    
 Unleaded  2710.0010 
 Diesel  2710.0050 
 LP Gas 10% 2711.1200 
  WT/ACC/SAM/6 
 Page 39 
 
 
 Table 2: List of Samoa's SOEs and Government Investments  
 Formed under 
Act of 
Parliament Formed under 
the Private 
Companies 
Act GoS % of 
Shares Business Description 
State Owned Enterprises Main Activities 
Accident Compensation 
Board x  100% Levy Collection; 
Compensation Payments 
Agriculture Store x  100% Agriculture Supplies / 
equipment; banana exports 
Airport Authority x  100% Airport management 
Apia Park Board x  100% Park 
Computer Services 
Limited  x 40% Computer Sales and Services 
Development Bank of 
Samoa x  100% Small Business/Agriculture 
development loans 
Electric Power Corporation x  100% Electric Power 
Housing Corporation x  100% Housing loans 
National Provident Fund x  100% Super - annuation fund; 
business and home loans 
National University of 
Samoa x  100% Tertiary Education 
Polynesian Airlines 
(Holding) Ltd  x 100% Holding Company 
Polynesian Airlines 
Investments Ltd  x 100% Investments 
Polynesian Ltd (active)  x 100% Commercial airline 
Samoa Ports Authority x  100% Ports 
SamoaTel  x 100% Telecommunications 
Samoa Land Corporation x  100% Sale/Lease of former WSTEC 
land 
Samoa Life Assurance 
Corp. x  100% Life assurance; mortgage 
borrowing 
Samoa Polytechnic x  100% Education 
Samoa Shipping Corporation x  100% Ferry Services 
Samoa Shipping Services  x 100%  Contracting of crew for cargo 
vessels 
Samoa Trust Estates Corp. x  100% Cattle and copra production 
Samoa Tourism Authority x  100% Tourism 
Public Trust Office x  100% Will making and administer 
estates 
Totalisator Agency Board x  100% Administer revenues from 
gambling commission 
Samoa Water Authority x  100% Water supply 
Samoa Broadcasting Corp. x  100% Television Broadcasting 
Government Investments   
Hellaby Samoa  x 9% Processed meat products 
Samoa Forest Corporation  x 40% Logging and timber 
Telecom Samoa Cellular 
Ltd  x 10% Telephone services 
 
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