RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/TON/15 
28 October 2005 
 (05-5013) 
Working Party on the  
Accession of Tonga Original:   English 
 
 
   
ACCESSION OF TONGA 
Additional Questions and Replies
 
 
 The following submission is being circulated at the request of the Delegation of the Kingdom of Tonga.   WT/ACC/TON/15 
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 TABLE OF CONTENTS 
II. ECONOMIC POLICIES..........................................................................................................1  
- Foreign Exchange and Payments ............................................................................................1  
- Investment Regime.............................................................................................................. ......2  
- State Ownership and Privatization .........................................................................................2  
III. FRAMEWORK FOR MAKING AN D ENFORCING POLICIES ......................................3  
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................3  
- Trading Rights ................................................................................................................. .........3  
A. IMPORT REGULATIONS......................................................................................................4  
- Ordinary Cust oms Duties........................................................................................................ .4 
- Fees and charges for services rendered...................................................................................4  
- Application of Internal Taxes .................................................................................................. 4 
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ ...............6  
- Customs Valuation.............................................................................................................. ......6  
B. EXPORT REGULATIONS .....................................................................................................7  
- Customs tariffs, fees and charges for serv ices rendered, application of internal 
taxes  to exports.............................................................................................................. ...........7  
- Export rest rictions ............................................................................................................ ........7  
- Export subsidies ............................................................................................................... .........7  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS ...........................8  
-  Industrial policy, including subsidies......................................................................................8  
- Technical barriers to trade .................................................................................................... ..8 
- Sanitary and phytosanitary measures...................................................................................11  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................18  
VII. TRANSPARENCY .................................................................................................................20  
- Publication of information on trade......................................................................................20  
 
  WT/ACC/TON/15 
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 Question 1 
Concerning Tonga’s status report on outstanding legislation and implementing regulations that 
are vital to Tonga’s implementation of provisions, we look forward to a full status report on the 
legislative plan. 
Answer:  
Tonga’s revised Legislative Action Plan is reproduced in Annex. 
II. ECONOMIC POLICIES 
- Foreign Exchange and Payments Question 2 Paragraph 13 of WT/ACC/SPEC/TON/4/Rev.3.  We remain interested in a description of the 
repatriation requirements applied by Tonga.  The information in response to Question 2 of 
WT/ACC/TON/12 should be used, and Tonga should describe precisely what measures are contemplated by the term "repatriation requirements."  
E.g., what "assets in Tonga" are affected, and ho w; what law provides the government with the 
authority to require such repatriation; over what period of time should the repatriation occur; 
and how does it become known that such repatriat ion is no longer necessary, i.e., how is the 
measure terminated or suspended once the crisis  that sparked invocation of the repatriation 
requirement had passed? 
Since Tonga states that the use of these measures, which appear to be forms of control over the 
acquisition and use of foreign exchange, is forese en to defend the balance of payments, we would 
appreciate a commitment in this section from Tonga to only use such measures when the 
International Monetary Fund has confirmed that there is a balance of payments issue to be 
resolved.   
Answer:
 
Paragraphs 12 and 13.  Please see text in the revised Draft Report. Paragraph 14.  Please see text in the revised Dr aft Report.  Article XV:1 of GATT 1994 recognizes 
that exchange questions are with in the jurisdiction of the IMF and that questions of quantitative 
restrictions and other trade measures are within th e jurisdiction of WTO.  This specifies relations 
between WTO and the IMF.  It suggests that it would not be appropriate for governments to accept 
WTO Protocol commitments on matters within the jurisdiction of the IMF since this would make 
them subject to the WTO dispute settlement system and interpretations of the two sets of obligations 
might conflict.  Tonga is ready to accept the comm itment on import restrictions imposed for balance 
of payments reasons already contained in para graph 81 of the draft report and suggests that 
Article XV of GATT 1994 be added to the list of relevant WTO provisions in that paragraph. WT/ACC/TON/15 
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 - Investment Regime 
Question 3 Paragraph 21 of WT/ACC/SPEC/TON/4/Rev.3:   Can Tonga confirm that all foreigners who 
wish to do business in Tonga, whether or not that involves actual establishment of a business, must register and receive a Foreign Investment certificate.  Must an applicant invest a 
minimum amount to receive a Foreign Investme nt certificate?  Please clarify the universe of 
circumstances under which an Foreign  Investment certificate can be  denied.  [NOTE:  See also 
comments on Paragraph 48] 
Answer:
 
Paragraphs 20 – 21.  Please see text in the revised Draft Report. 
Paragraph 22.  Please see text in the revised Draft Re port.   A later section of this report is dedicated 
to subsidies.  Tonga therefore proposes the deleti on of the commitment in this paragraph since it 
duplicates commitments in paragraphs 107 and 111. 
- State Ownership and Privatization 
Question 4 
Paragraph 25-26 of WT/ACC/SPEC/TON/4/Rev.3:  Can Tonga confirm somewhere in the text 
that there are no restrictions on private or foreign  invested firms that would prohibit them from 
entering sectors where they compete with govern ment owned firms that currently are the sole 
producers or service providers, e.g., in distribution of cooking gas (Home Gas)?  
Answer:  
Paragraph 25.  Please see text in the revised Draft Report. Question 5 Paragraph 28 of WT/ACC/SPEC/TON/4/Rev.3:  We remain interested in knowing the relative 
size of the state sector.   Can Tonga contrast the output of state owned firms to GNP? 
Answer:
 
Tonga does not have statistics on the output of state owned firms.  Tonga can contrast the value of 
imports by the quasi-government sector with the tota l value of imports: in 2004 the value of imports 
by the quasi-government sector was TOP 4.5 million compared to a total value of the imports of 
TOP 206.4 million. 
Question 6 
Paragraph 29 of WT/ACC/SPEC/TON/4/Rev.3:   Can Tonga remove the brackets?  
Answer:  
Paragraph 29.  Please see text in the revised Draft Report.  WT/ACC/TON/15 
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 III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
Question 7 Paragraph 40 of WT/ACC/SPEC/TON/4/Rev.3: Concerning the brackets, as it is Tonga’s 
opinion; we believe that the words should be "considered this situation to be." 
Answer:
 
Paragraph 40.  Please see text in the revised Draft Report. 
Question 8 
Paragraph 42 of WT/ACC/SPEC/TON/4/Rev.3: We note that all laws must be passed by the 
National Assembly, and that the WTO, as an international agreement, would supersede domestic legislation.  Please clarify if ratification of the WTO package will require approval by 
the Legislative Assembly (LA).  [Note:  this Qu estion may be answered in Paragraph 45 – is the 
"parliament" referred to there the Legislative Assembly?  If so, please use consistent 
terminology.] 
Answer:
 
Paragraph 45.  Please see text in the revised Draft Report. IV. POLICIES AFFECTING TRADE IN GOODS - Trading Rights Question 9 Paragraph 48 of WT/ACC/SPEC/TON/4/Rev.3:  Please confirm in the text that a foreign firm 
seeking a foreign investment certificate in order to secure a business license in order to import, e.g., as importer of record, will be granted the certificate automatically except for the 
restrictions listed in the schedules attached to th e Foreign Investment Law.  If this is not the 
case, please provide information on the reasons that  a firm seeking to be the importer of record 
for imports to Tonga would be rejected.    
Answer:
 
Paragraph 48.  Please see text in the revised Draft Report. Question 10 Please provide an update on the status of impl ementation of the new Business Licenses Act and 
its implementing regulations.  Are these provisi ons now in force?  Have import and export 
licensing been abolished? 
Answer:
 
Please see the last sentence in paragraph 49 of the revised Draft Report. WT/ACC/TON/15 
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 Question 11 
The last sentence of Paragraph 48 refers to a foreign investment "license."  If this is the same as 
the "foreign investment registration certificate, " please use that term, or explain the difference. 
Answer:
 
Paragraph 48.  Please see text in the revised Draft Report. A. IMPORT REGULATIONS - Ordinary Customs Duties Question 12 Paragraph 53 of WT/ACC/SPEC/TON/4/Rev.3:  Pl ease confirm the status of plans to adopt the 
single rate tariff at 15 per cent.  Is 1 January 2007 still the target date? 
Answer:
 
Paragraph 53. Tonga confirms that the single rate  tariff of 15 per cent will be implemented by 
1 January 2007 at the latest. 
- Fees and charges for services rendered 
Question 13 
We take note of the commitment in paragraph 65. Answer:
 
Paragraph 64 bis (new paragraph 65).  Please see text in the revised Draft Report.  Tonga has added 
this paragraph to include fees for the issuance of bus iness licences to authorize importers to engage in 
the business of importing.  Paragraph 66 contains Protocol Commitments on these. 
- Application of Internal Taxes 
Question 14 
Paragraph 69 of WT/ACC/SPEC/TON/4/Rev.3:  Pl ease make it clear that the "threshold" for 
not paying sales tax was trade turnover. 
Answer:  
Please see text in the revised Draft Report (paragraph 70). Question 15 Paragraph 70 of WT/ACC/SPEC/TON/4/Rev.3:  Please give a complete list of items for which 
the Consumption Tax is set at zero.  WT/ACC/TON/15 
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 Answer:  
1. The following supplies are exempt from the Consumption Tax:  (a) Medical prescriptions, dental nursing or health services; 
 (b) Educational services;  (c) Financial services; 
 (d) Public transport services; and 
 (e) Lease of land for residential purposes. 
2. The following taxable supplies are subject to a zero rate of Consumption Tax:  (a) An export of goods; 
 (b) An export of services supplied for use outside of Tonga; 
 (c) A supply of international transport of goods or passenger services from a place 
outside Tonga to another place or if the transport or part of the transport is across the territory of Tonga; 
 (d) The supply of goods as part of the transfer or part or whole of a business as a going 
concern by a registered person to another registered person provided that the supplier 
and recipient have: (i) agreed in writing that  part or whole of the business is supplied 
as a going concern; and (ii) notified the Chie f Commissioner, in writing, of the details 
of the transfer, at the date of the transf er on which consumption tax has been credited 
as input tax; 
 (e) Electricity supplied by any supplier for domestic purposes; and 
 (f) The first 20 cubic meters of water pe r month supplied by any supplier for domestic 
purposes. 
3. The following are exempt from Consumption Tax:  (a) Imports which are supplied in Tonga  and are an exempt supply under 1; 
 (b) Imports not exceeding TOP 500 in valu e accompanying a person arriving in Tonga; 
 (c) Imports by diplomats according to law. 
4. The following supplies are subject to a zero rate of the Consumption Tax: 
 (a) Supplies of goods and services by a supplier in Tonga to His Majesty to King; and 
 (b) Electricity supplied by a supplier for commercial use. 
5. The following imports are exempt from the Consumption Tax:  (a) Insecticides, pesticides and f ungicides for use in agriculture; 
 (b) Agricultural machinery and implemen ts, including hand tools and timber milling 
machinery; 
 (c) Agricultural seeds and fertilizers;  (d) Stock feed;  (e) Live poultry;  (f) Live bovine animals; 
 (g) Live swine; and 
 (h) Packaging material for use in agriculture. WT/ACC/TON/15 
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 6.  The following taxable supplies are subject to a zero rate of the Consumption Tax: 
 (a) Insecticides, pesticides and f ungicides for use in agriculture; 
 (b) Agricultural machinery and implemen ts, including hand tools and timber milling 
machinery; 
 (c) Agricultural seeds and fertilizers; 
 (d) Stock feed; 
 (e) Live poultry;  (f) Live bovine animals;  (g) Live swine; and  (h) Packaging material for use in agriculture. 
- Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 16 We take note of the commitment in paragraph 81 of WT/ACC/SPEC/TON/4/Rev.3. 
Answer:
 
Please see text in the revised Draft Report (paragraph 81).  Tonga has amended this text to clarify the 
system which is to be introduced to bring Tong a’s licensing system into conformity with GATT 
provisions. 
Paragraph 82.  Tonga suggests the addition of a reference to Article XV of GATT 1994.  (Please see 
answer to Question 2.)   
- Customs Valuation 
Question 17 
Paragraph 84 of WT/ACC/SPEC/TON/4/Rev.3:  We have reviewed the new Customs and Excise 
Act of 2004 and it does not appear to comp rehensively implement the WTO Agreement on 
Customs Valuation.   
It is not certain that Articles 1-7 are fully add ressed, and there appears to be no reference at all 
to the provisions contained in Articles 8-14, including the Interpretative Notes.   
We urge Tonga to demonstrate, in the text, where these provisions can be found. 
Answer:  
Tonga is in the process of comprehensively redraf ting the Customs and Excise Act 2005 in order to 
ensure that the legislation will fully implemen t the WTO Agreement on Customs Valuation.  The 
draft legislation will be circulated to members of the working party by 21 October 2005.  Tonga stresses that the delay in providing the draft legislation is caused by Tonga's intention to ensure that 
the legislation conforms fully with th e WTO Agreement on Customs Valuation.  WT/ACC/TON/15 
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 Question 18 
Paragraphs 85-87 and Table 7 of WT/ACC/SPEC/TON/4/Rev.3:  - At the previous meeting we sought that "sp ecific reference to the part of the Agreement 
where Tonga seeks a transition" be included in the commitment text; and   
- Tonga should also amend its action plan for implementation to allow for additional 
legislative action to implement the missing provisions during the transition period. 
Answer:
 
Please refer to the amended Action Plan in the revised Draft Report. 
B. EXPORT REGULATIONS 
- Customs tariffs, fees and charges for services rendered, application of internal taxes  to 
exports 
Question 19 Paragraph 97 of WT/ACC/SPEC/TON/4/Rev.3:  Pl ease clarify in the text as to whether the 
licensing fee applied to exports is still in effect, or  if it will be retained as an export duty, not a 
fee for service.  If it  remains in place, additional commitment language for paragraph 98 will be 
necessary. 
Answer:
 
Please see text in the revised Draft Report (paragraph 98).  This paragraph has been amended to deal 
only with the price-based measures it relates to.  It  is suggested that consideration of the licences 
themselves are properly dealt with in the next section. 
- Export restrictions 
Question 20 
Paragraph 97 of WT/ACC/SPEC/TON/4/Rev.3:  Pl ease clarify in the text as to whether the 
comprehensive export licensing requirement is still in effect.  Has it been abolished along with 
the import licensing requirement by the new Busin ess Act?  If not, please confirm that these 
licenses are granted automatically, and are applie d essentially for revenue purposes.   Please 
provide information on the rate of the fee charged for all exports. 
Answer:  
Please see text in the revised Draft Report (Paragra ph 102). This has been amended to clarify the 
system to be introduced to bring Tonga’s licensi ng system into conformity with GATT provisions. 
- Export subsidies 
Question 21 
Paragraphs 106-7 of WT/ACC/SPEC/TON/4/Rev.3:  Paragraph 106 confirms that the IDI Act, 
and its provisions for prohibited export subsid ies, remain in force through June 2006.  As a WT/ACC/TON/15 
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 consequence, the text of the commitment will need  to be revised to ensure full coverage from the 
date of accession, which may occur prior to this time.   
We have suggested the following commitment that  reflects Tonga’s determination to eliminate 
any prohibited subsidies from the date of accession.  We suggest the following re-drafting of paragraph 107: 
107.     The representative of Tonga confirmed that from the date of 
accession  his Government did  would not maintain subsidies which met 
the definition of a prohibited subsidy, within the meaning of Article 3 of the Agreement on Subsidies and Countervailing Measures, and did not seek transitions to provide for the progressive
 elimination of all  such 
measures within a fixed period of time .  He further stated that Tonga 
would not introduce such prohibited subsidies in the future, and would 
apply export promotion measures in conformity with WTO requirements.  The Working Party took note of these commitments. 
Answer:
 
Please see text in the revised Draft Report (P aragraphs 104 – 112).  A Member has referred to 
duplication in the paragraphs of the report on this subject.   In orde r to remove duplication, the section 
on "Export Subsidies" has been amalgamated with  the section on "Industrial Policy, Including 
Subsidies."  Please refer to text of revised commitment paragraph 110 (new numbering) which 
combines the old commitment paragraphs 107 and 111 and takes Member's comments into account. 
As noted above, these two commitment pa ragraphs also duplicated paragraph 22. 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS -  Industrial policy, including subsidies Question 22 There is overlap in the commitments in paragraphs 107 and 111 of 
WT/ACC/SPEC/TON/4/Rev.3. 
Answer:
 
Please refer to answer to Question 21. 
- Technical barriers to trade 
Question 23 Paragraph 112 of WT/ACC/SPEC/TON/4/Rev.3:  Specifying Codex and OIE (and IPPC) is 
appropriate in relation to SPS commitments.  No specific bodies should be identified for TBT.  
The obligation in the Agreements is to "base" me asures on the standards, there is no obligation 
to "incorporate”, i.e. a Member is expected to  evaluate whether an international standard is 
effective and appropriate to use in whole or in part  as a basis for its domestic measure.  This is 
different from "incorporation." As a conseq uence, we suggest the following redrafted 
paragraph: 
112. Some Members stated that Tonga would need to implement 
fully the WTO Agreement on Technica l Barriers to Trade as of the date  WT/ACC/TON/15 
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 of WTO accession, and requested detailed information on Tonga's 
infrastructure relating to the development and application of standards, 
technical regulations and conformity assessment procedures, including 
policies or procedures relating to th e use of international standards and 
transparency.   standards and inspection regime, including participation 
in internati onal standards organizations such as the Codex Alimentarius 
Commission or the Organization of International Epizootics, procedures 
for incorporation of international standards into Tonga's standards 
regime, any deficiencies in the present regime, and the s teps Tonga 
would be taking to remedy these de ficiencies prior to WTO accession.   
Tonga was reminded that the WTO TBT Agreement did not require 
Tonga to implement standards in any area, but any standards and 
conformity assessment systems intro duced in the future would need to 
be consistent with WTO requirements. 
Answer:  
The comment on "incorporation" is noted.  Tonga h as supplied information on its infrastructure in its 
document on the implementation of Transparency Pr ovisions of the TBT Agreement.  Because Tonga 
had not adopted any TBT measures and had no plans to do so, its infrastructure is very simple.  Please 
refer to text of this and the following paragraphs in the revised Draft Report. 
Question 24 
Paragraph 114 of WT/ACC/SPEC/TON/4/Rev.3:  We  suggest that the full citation of Tonga’s 
TBT enquiry point be provided, i.e., at the sa me level of detail provided for the SPS enquiry 
point in WT/ACC/TON/9. 
In addition, the last two sentences of the new text should be moved to paragraph 115 as part of 
Tonga’s commitment (see below) 
The text of paragraph 115, Tonga’s commitment on implementation of the WTO Agreement on 
TBT, should be elaborated to demonstrate clea rly its intent to ensure conformity with the 
provisions of the Agreement from the date of accession, while signalling that full use of all 
aspects of the Agreement’s provisions is not necessa ry at this time.  We suggest the following 
revised text: 
115. The representative of Tonga confirmed that if, in the future, 
technical regulations or standa rds and conformity assessment 
procedures were to be introduced, Tonga would neither adopt nor 
implement these regulations, standards or procedures until it had implemented and notified appropriate legislation in conformity with the Agreement on Technical Barriers to Trade.  Tonga would ensure the 
full conformity of any such legislation with the Agreement on Technical 
Barriers to Trade.  Any standards, technical regulations, and 
conformity assessment procedures adopted would be developed and 
applied in conformity with the provisions of the Agreement, including 
publication prior to implementation  to allow interested parties the 
opportunity for review and comment as  provided for in the Agreement.  
Prior to accession, Tonga would prepare regulations specifying the 
publication to be used for the publication of any proposed measures, the 
procedure to be used for taking comme nts into account, etc. Existing or WT/ACC/TON/15 
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 new measures would be applied on a non-discriminatory basis, i.e. 
providing for national treatment and MFN treatment to all imports.   
Regulations would be introduced to ensure that its National TBT Notification Authority and Enquiry Point would be operational as from the date of its accession.  Tonga would also provide relevant government 
officials with training to ensure th at, from the date of accession, they 
were fully conversant with the requirements of the TBT Agreement  The 
Working Party took note of these commitments. 
Answer:  
Please see text in revised Draft Report (paragraph 113-116, reference to note on implementation of 
transparency provisions and revised commitment paragraph). 
Question 25 
Paragraph 113 of WT/ACC/SPEC/TON/4/Rev.3: "Foreign goods entering Tonga were 
accordingly not subject to any particular st andards-related procedures or requirements." 
Are we to understand from this statement that there are absolutely no TBT-related technical 
requirements imposed on any goods imported into Tonga?  Does this mean that any good can be 
freely imported without concern for technica l requirements? For example, pharmaceuticals? 
Motor vehicles?  
Paragraph 113 of WT/ACC/SPEC/TON/4/Rev.3: "The Consumer Protection Act 2000 did refer 
to the implementation of approved standards,  including labelling requirements, to protect 
consumers, but no standards had been established." 
Can Tonga please provide an explanation as to why no standards have been established? How 
does Tonga address the issue of defective or  unsafe products?  Does Tonga have any 
enforcement capacity in place?  How is the gov ernment of Tonga able to assure itself that 
products entering the Tongan market actually provide the benefits to citizens that suppliers 
claim?  Has Tonga considered the introduction of any international standards for use on a 
voluntary basis? 
Answer:  
There are no TBT-related technical requirements imposed on any goods imported into Tonga.  While 
the adoption of the Consumer Protection Act 2000 is ev idence of Tonga’s wish to protect its citizens, 
the fact that no standards have in  fact been established under the Act is evidence that there are many 
demands on Tonga’s very limited resources and it simply  cannot achieve all its aims at once.  This is 
understandable since Tonga is an extremely sm all country at the early stage of economic 
development.  It has a total popul ation of 102,000, a gross domes tic product of US$ 163 million and a 
per capita GDP of US$ 1,600.  To cite just one exam ple in order to put these figures into perspective, 
comparable statistics for Canada are: populati on 32 million, GDP US$ 857,000 million and per capita 
GDP of  US$ 26,800.  Canada’s population is ove r 300 times Tonga’s population and Canada’s GDP 
is over 5,000 times Tonga’s GDP. 
The development of a complex array of TBT-relate d technical requirements in developed countries is 
a relatively recent development.  In  the absence of such measures, the principle of caveat emptor (let 
the buyer beware) applies.  WT/ACC/TON/15 
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 As WTO Members point out in the draft report, the TBT Agreement does not contain provisions 
obliging WTO Members to adopt any TBT- related meas ures.  It should also be noted that because it 
is a small developing country, Tonga only produces a very narrow range of primary products and has 
no domestic industry with an interest in the de velopment of TBT-related measures that have a 
protective effect.   
- Sanitary and phytosanitary measures Question 26 We note and appreciate Tonga's efforts in the implementation of transparency provisions upon 
accession.  The establishment and operation of the national enquiry point is especially welcome. 
While taking note of Tonga's firm commitment to fully implement the SPS Agreement by 
30 June 2007, Member's position, consis tent for all acceding members, remains 
that Tonga should not have recourse to any transition period and that Tonga should fully implement the WTO SPS Agreement upon accession.  
We recognize the merits of technical assistance a nd its capacity building benefits.  Should Tonga 
find itself unable to comply with some pr ovisions of the SPS Agreement upon accession, 
Members would note to Tonga that once it has joined the WTO, Tonga would have recourse to 
the provisions contained in Article 10.3 of the SPS Agreement. 
We encourage Tonga's active participation in th e International Office of Epizootics (OIE)  and 
the International Plant Protection Convention (IPPC). 
Answer:
 
Please refer to the answer to Question 26. 
Tonga confirms that it is its policy to play as full a part as its limited resour ces permit in the relevant 
international organizations and is  obtaining information regarding membership of the IPPC and the 
OIE.  
Question 27 
We have been encouraged by Tonga’s statemen t in WT/ACC/TON/9 that it would implement 
the WTO Agreement on SPS from the date of  accession.  However, there were concerns 
expressed that that Tonga has not fully thought through what it needs to do to meet that 
commitment.  
We have reviewed the new proposals that Tonga tabled just prior to the informal consultation 
on 22 July 2005, (a) indicating that Tonga was technically capable of a pplying the requirements 
of the SPS Agreement from the date of accession and that it would have its enquiry point and 
notification center in operation from the date of accession, (b) giving further information on 
how Tonga’s current application of SPS measur es did not conflict with its WTO obligations 
under the Agreement; and (c) seeking additional time, i.e., until 30 Ju ne 2007, to train its 
officials and to adopt legislation that would make implementation of the WTO Agreement on 
SPS mandatory.   WT/ACC/TON/15 
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 We appreciate the reasons for Tonga’s new po sition, but after examination of the new 
information, we are now convinced that Tonga does not require a transition to operate its SPS 
system in conformity with the WTO Agreement on SPS. 
In this regard, we propose the follo wing redrafting of the SPS section of 
WT/ACC/SPEC/TON/4/Rev.3.  Tonga will need to provide the additional information requested 
which is underlined.  In addition, we suggest th at the additional information provided by Tonga 
prior to the 22 July meeting be incorporated into either a revised WT/ACC/TON/9 or a new 
document confirming that it does not need a transition.  We provide a possible revised WT/ACC/TON/9 text. 
Begin suggested redrafted section: 
- Sanitary and phytosanitary measures 
116. The representative of Tonga said that the Quarantine 
Division of the Ministry of Agriculture and Food and the Ministry of Health were responsible for Ton ga's sanitary and phytosanitary 
measures relating to foreign trade in animals, plants and related 
products.  The principal pieces of SPS-related legislation were the Plant 
Quarantine Act (Cap 127) 1988 together with the Amendments to that Act and its associated Regulations 1995 and Fee Regulations 1997; the Animal Diseases Act (Cap 146) 1978; and the Public Health Act 1992 and the Amendments to that Act.  The Quarantine Act Cap. 77, gave the 
Director of Health powers to impo se quarantine restrictions for the 
protection of public health.  He further noted that three new Acts had 
been passed by the Legislative Asse mbly in 2002, namely the Animal 
Diseases (Amendment) Act 2002, the Ag ricultural Commodities Export 
Act 2002, and the Pesticides Act 2002 which were notified to the WTO in WT/ACC/TON/12/Add.3. FAO and South Pacific Commission 
consultants had assisted in the drafting  of this legislation, which should 
be in conformity with internationa l requirements. Tonga's legislation 
did not refer specifically to scientifi c evidence, but Tonga’s regulations 
were, in fact, based on scientific prin ciples.  The representative of Tonga 
confirmed that Tonga had the capability of conducting its own risk assessments.  Imports regulations  required a code of conduct for 
imports and the release of imported goods, including initiation of pest 
risk analysis or pest risk assessm ent.  The code of conduct basically 
entailed.. .  [Please describe]  Tonga had no measures establishing 
tolerances for the use of additives or contaminants. 
117. Asked to what extent Tonga's standards aligned with 
relevant international standards, the representative of Tonga added that 
Tonga based its SPS measures on intern ational standards to the extent 
possible.  Tonga was a member of the Codex Alimentarius Commission, 
the Asia Pacific Plant Protection Commission (APPPC) and the Pacific Plant Protection Organization (PPPO), but not yet a contracting party to the International Office of Epiz ootics (OIE) and the International 
Plant Protection Convention (IPPC).  Tonga also received assistance 
from regional organisations, in particular the Secretariat of the PPPO and, on the animal side, the Secretariat of the Pacific Community.  The Plant Quarantine Act and its Amendments were aligned with international standards such as th ose of the FAO (Food Agriculture  WT/ACC/TON/15 
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 Organisation) and the IPPC.  The Pacific Plant Protection Organisation 
operated actively to set standards fi tting to Pacific requirements.  Such 
standards were submitted to the member countries (Forum Island Countries including New Zealand and Australia) for funding and implementation.  In addition, the PPPO reviewed and drafted standards 
regulations of any member.  The PPPO met every three years and was 
chaired by Tonga.  Tonga used FA O and OIE standards as a basis for 
its own standards relating to animals and animal products.  Regarding the principle of equivalence, Tonga recognized different measures achieving the same level of protection, and based its regulations in this 
respect on those of Australia and New Zealand.   
117bis [New paragraph] Importation was only prohibited when 
necessary to protect human, animal or  plant life and health.  A list of 
products prohibited in accordance with the Plant Quarantine Act and in the Animal Diseases Act is reproduced  in Table 8.  He stressed that 
importation of the items listed in Table 8 was not prohibited per se, but 
that the pest risk analysis system used by Tonga required those applying for import permits to provide tec hnical and biological data to the 
Ministry of Agriculture and Food indica ting that the species were free of 
the regulated quarantine pest concern or, if an effective treatment was available, import permits would be issued with additional quarantine 
requirements.  In response to a Member who felt that it would be 
necessary to amend the relevant legislation to clarify the fact that "prohibited" products were actually only subject to "restriction", i.e. import permits, the representative of Tonga replied that, in his view, there was no need to revise the legisl ation as several sections of the Plant 
Quarantine Act 1998 and Plant Quarantine Regulations 1995 provided 
an explanation of the term "prohibited". 
118. Some Members requested mo re detailed information and 
specific legislative references to be able to evaluate Tonga's SPS regime 
and its consistency with the WTO Agreement on the Application of Sanitary and Phytosanitary Measures.  A Member noted that Tonga's 
regime did not appear to be consis tent with the SPS Agreement on the 
issue of transparency.  Tonga would need to have notification procedures in place so that its trading partners could be made aware of changes in Tonga's quarantine me asures, for example, quarantine 
arrangements against foot and mouth disease.  Concerning quarantine 
measures against food and mouth disease, the representative of Tonga 
clarified that Tonga taken precautionary measures by not allowing importation of animals or animal product from foot and mouth disease infected countries and regions.  Tonga screened high risk vessels coming 
from infected countries, and screened air passengers arriving from infected destinations.  
119. The representative of Tonga confirmed that Tonga had the 
technical infrastructure in place required to implement the SPS Agreement.  He provided notes on the implementation and administration of the SPS Agreement, circulated in document WT/ACC/TON/xx.  [Note:  We are assuming that the information on 
Tonga’s preparations to implemen t the SPS agreement tabled prior to WT/ACC/TON/15 
Page 14  
 
 the July 22 informal WP meeting will be circulated either in a revised 
TON/9 or a new document, similar to what we have provided as an  
example.  End note].   Tonga’s SPS Enquiry Point and Notification 
Authority will be operated by one and the same body within the Ministry of Agriculture and Food (MAF) called the National SPS 
Notification Authority and Enquiry Point.  The National SPS 
Notification Authority and Enquiry Point was operational and was headed by the Director, MAF. It could be contacted at: 
Ministry of Agriculture and Food  National SPS Notification Authority and Enquiry Point 
Address: P.O. Box 14, Nuku’alofa, Kingdom of Tonga 
Phone: +(676) 23038 / 23402 Fax: +(676) 23093 / 24271 / 24922 Email: hfaanunu@maf.gov.to
, maf-qqmd@kalianet.to  
The authority is staffed by one official and five working committee 
members comprising technical advisors drawn from relevant divisions 
of the MAF. The Enquiry Point will provide answers to all reasonable questions from interested Members as well as undertake the role of providing relevant documents, in accordance with Annex B of the SPS Agreement. The Notification Authorit y will be responsible for notifying 
changes in Tonga’s sanitary or phyto sanitary measures, in accordance 
with the notification procedures of Annex B of the SPS Agreement.  The 
Director was responsible for ensuri ng that Tonga’s transparency 
obligations under the Agreement were met on an ongoing basis, including making notification s to the WTO and maintaining 
publications and procedures required by the Agreement. The 
representative of Tonga noted that the staff of the National SPS 
Notification Authority and Enquiry Point will be guided by the WTO Secretariat Handbook on "how to apply the transparency provisions of the SPS Agreement of September 2002”. He added that Tonga intended to provide additional training to responsible government officials to ensure that they were fully conversant  with the requirements of the SPS 
Agreement upon accession. 
120. [moved to other paragraphs or eliminated] 121. [moved to other paragraphs] 122. The representative of Tonga al so stated that he believed that 
Tonga had the ability to apply the provisions of the SPS Agreement and 
that Tonga’s existing legislation provided an adequate basis for the 
application of the Agreement.  Tonga would seek technical assistance to ensure that it had the capacity  to implement the SPS Agreement 
correctly on an ongoing basis.  Th e representative of Tonga indicated 
that it was prepared to accept the obligations of the WTO Agreement on  WT/ACC/TON/15 
 Page 15 
 
 
 
 Sanitary and Phytosanitary Meas ures from the date of accession 
without any transitional period,  
123. The representative of Tonga confirmed that Tonga would 
observe the requirements of the Agreement on Sanitary and 
Phytosanitary Measures from the date  of accession.  The representative 
of Tonga confirmed that his government had already established an 
enquiry point in the Ministry of Agriculture, Forestry and Food.  The Director of that Ministry was responsible for ensuring that Tonga’s transparency obligations under the Agreement on Sanitary and Phytosanitary (SPS) Measures were met on an ongoing basis, including 
making notifications to the WTO,  and maintaining the publications and 
procedures required by the Agreement, including publication with sufficient time for public comment pr ior to enactment.  Tonga would 
prepare regulations specifying the publication to be used for the publication of any proposed measures, the procedure to be used for 
taking comments into account, the Government body responsible for 
developing regulations, conducting risk  assessments and control, as well 
as inspection and approval procedures, and other necessary legislation.  
Tonga administered its existing requi rements on imports for sanitary 
and phytosanitary purposes listed in Table 8a based on principles of pest risk analysis and the international standards of Codex 
Alimentarius, IPPC, FAO and OIE, and these existing requirements 
would be notified to the WT O Committee on Sanitary and 
Phytosanitary Measures upon accession.  Any SPS standards, technical 
regulations, and conformity assess ment procedures adopted after 
accession would be developed and applied in conformity with the 
provisions of the Agreement, including publication prior to 
implementation to allow interested  parties the opportunity for review 
and comment as provided for in the Agreement.  Tonga would review its 
existing requirements in light of its obligations under the Agreement.  
Existing or new measures would be applied on a non-discriminatory basis, i.e. providing for national treatment and MFN treatment to all 
imports.  The representative of Tonga also confirmed that Tonga would 
apply the Agreement from the date of accession without recourse to any 
transition period.  He also confirmed that Tonga would provide relevant government officials with training to ensure that, from the date of accession, they were fully conversant with the requirements of the SPS 
Agreement.  The Working Party took note of these commitments.  
Answer:
 
Tonga has inserted the information requested on its code  of conduct in its revision of the draft Report. 
Tonga can accept the above text of Paragraphs 116 to 123 of the Draft Report proposed by the 
Member.  It believes that it has the technical ability to implement the SPS Agreement and will be 
accepting an obligation both in its Protocol and in paragraph 123 to do so. Tonga has therefore 
inserted this text in its revision of the Draft Report. WT/ACC/TON/15 
Page 16  
 
 Tonga is also ready to circulate the revised WT/ACC/TON/9 proposed with one amendment to the 
last sentence.  The text of this document would read as follows: 
Notification: Implementation and Admi nistration of the Agreement on the 
Application of Sanitary and Phytosanitary (SPS) Measures 
The following submission provides information on the way that Tonga will 
implement the transparency provisions of the SPS Agreement, which relate 
to: notifications to inform other Memb ers about new or changed regulations 
that affect their trading partners; answering reasonable questions; and publishing relevant regulations,    
_______________ 
1. Under the SPS Agreement, countries are required to designate a 
Notification Authority and an Enquiry Point.  In order to minimize the impact on financial and physical r esources and to build up trade policy 
expertise in this area in a dedicated unit, Tonga has decided that the same 
body will operate both its Notification Au thority and its Enquiry Point.   
Name of institution:  
Ministry of Agriculture and Food 
National SPS Notification Authority and Enquiry Point Address: P.O. Box 14, Nuku’alofa, Kingdom of Tonga Phone: +(676) 23038 / 23402 Fax: +(676) 23093 / 24271 / 24922 
Email: hfaanunu@maf.gov.to
, maf-qqmd@kalianet.to  
The Ministry of Agriculture and Food will be responsible for making 
notifications to the WTO and ensuring  transparency obligations are met on 
an ongoing basis. As stated on previous occasions, the Notification Authority and Enquiry Point is already operational. The Director, Ministry 
of Agriculture and Food is the officer responsible.  It is staffed by one 
official and five working committee members. The five committee members are technical advisors and administrative supporting staff from the relevant MAF divisions: Quarantine & Quality Management Division; Food Division; Livestock Division; Research & Extension Division; and Corporate Services Division (Policy). 
2.   The Notification Authority is responsible for: ensuring proposed 
regulations are published with sufficient time to allow for comments; notifying other countries through the WTO Secretariat of SPS regulations using the appropriate notification forms for routine and emergency 
notifications; providing copies of proposed regulations on request; and 
ensuring that comments are handled correctly.   
The responsibilities of the SPS enquiry point are: answering all reasonable 
questions from interested Members and providing relevant documents 
regarding: any sanitary or phytosanitary regulations adopted or proposed within Tonga; any control and in spection procedures, production and 
quarantine treatment, pesticide tole rance and food additive approval  WT/ACC/TON/15 
 Page 17 
 
 
 
 procedures, which are operated with in the country; risk assessment 
procedures, factors taken into consider ation, as well as the determination of 
the appropriate level of sanitary or phytosanitary protection; the membership and participation of Tonga, or of re levant bodies within its territory, in 
international and regional sanitary and phytosanitary organizations and 
systems; the membership and participation of Tonga in bilateral and 
multilateral agreements and arrangeme nts within the scope of the SPS 
Agreement; and the texts of any such agreements and arrangements. 
The resources at the disposal of the Notification Authority / Enquiry Point 
are adequate for these purposes: it uses existing office infrastructure and 
services and has word-processing capab ility (typewriter or computer), a 
photocopier, and access to postal facilities, telephones, fax, electronic mail and internet.  
When applying the transparency provisions of the SPS Agreement, the staff 
of the Notification Authority / Enquiry Point will be guided by the WTO 
Secretariat Handbook: how to apply the transparency provisions of the SPS 
Agreement of September 2002. All notifi cations will be made in English.  
Tonga will only charge the same cost for the documents as it would for its 
own nationals plus the cost of delivering the documents.   
3. Tonga is a member of the Food Agriculture Organization (FAO) and 
Codex Alimentarius Commission but not  yet a Contracting party to the 
International Office of Epizootics (OIE) and the International Plant 
Protection Convention (IPPC).  Tonga is also a member of the Asia Pacific Plant Protection Commission (APPPC) and Pacific Plant Protection Organization (PPPO).  Tonga conforms to the standards set by FAO ad other Standard Setting Bodies where possible. 
4. Given Tonga's free pest and disease status for both animals and plants 
and because Tonga has very limited resources to combat an inclusion of a serious animal or plant disease a negligible level of risk would be appropriate. 
5. He confirmed that Tonga had the technical infrastructure in place 
required to implement the SPS Agreement.  Prior to Tonga’s accession to the 
WTO, responsible government officials will receive additional training to 
ensure that, as from the date of accession, they are fully conversant with the requirements of the SPS Agreement, including: the definition of SPS measures and the distinction between SPS measures and TBT measures, the procedures for prior notification to the WTO Central Registry of 
Notifications of new sanitary and phytos anitary regulations or modifications 
to existing regulations, the steps to be taken when other countries make 
comments on a notified SPS measure.  
6. Tonga agrees to all articles in the Agreement on the Application of 
Sanitary and Phytosanitary Measures and the Annexes appended, and will 
apply the Agreement from the date of  its accession without any transitional 
period. Within this timeframe Tonga wo uld seek technical assistance to draw 
up any necessary legislation and to confirm that it had the capacity to implement the SPS Agreement correctly.  WT/ACC/TON/15 
Page 18  
 
 V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
Question 28 Paragraph 145 and 162 of WT/ACC/SPEC/TON/4/Re v.3:  Please update the status of Tonga’s 
memberships in relevant international organizations. 
Answer:
 
Please see text in revised Draft Report (paragraph 146 and 163). 
Question 29 
Paragraphs 163-165 and Table 10 of WT/A CC/SPEC/TON/4/Rev.3, constitute Tonga’s 
commitment to implement the WTO Agreement on TRIPS.  Table 10 should be adjusted to 
indicate that the drafting and enactment of the listed legislation was accomplished prior to 
accession. 
Answer:  
Please see revised date for transitional period (par agraph 164). Tonga as been obliged to make this 
change because of the passage of time and the di fficulty it has met of obtaining necessary resources. 
Table 10: Please see revised action plan in revised Draft Report. Question 30 Paragraphs 163 and 164 of WT/ACC/SPEC/TON/ 4/Rev.3 should be expanded to include 
relevant additional commitments.  Paragr aph 165 of WT/ACC/SPEC/TON/4/Rev.3 is a 
duplicate, and should be replaced with a standard commitment paragraph.  We suggest the following for this text: 
163.   The representative of Tonga thanked the Working Party for its 
recognition that technical assistance would be required and the 
governments concerned for the tec hnical assistance that they had 
already provided.  For the reasons given above, the Government of Tonga requested that the Working Party grant a transitional period to [1 January 2007], approximately two
 years from the date of its 
accession, to obtain technical assist ance and equip the Government to 
fully implement the obligations of the TRIPS Agreement.  He confirmed that, if such a transitional period were granted, Articles 3, 4 and 5 of the Agreement, providing for, inter alia , national treatment and MFN 
treatment under current legislation in place would apply, and Tonga 
would ensure that any changes made in its laws, regulations and 
practice in this period would not result in a lesser degree of consistency 
with the provisions of the TRIPS Agreement that existed on the date of accession.  In addition, Tonga would not grant patents, trademarks, or copyrights, or marketing approvals for pharmaceutical or agricultural chemicals inconsistent with the provisions of the TRIPS Agreement.   
164.   The representative of Tonga also stated that, should a transition 
be granted, existing rates of infringe ment would not in his view increase 
significantly over this transition period and that any infringement of  WT/ACC/TON/15 
 Page 19 
 
 
 
 intellectual property rights would be addressed immediately in 
cooperation and with assistance from affected right holders.  He further 
confirmed that during the transition period, that Tong a would protect 
against unfair commercial use of undisclosed test or other data 
submitted in support of applications for marketing approval of 
pharmaceutical or of agricultural chemical products which utilize new 
chemical entities, by providing th at no person other than the person 
who submitted such data may, without the permission of the latter 
person, rely on such data in support of an application for product 
approval for a period of at least five years from the date on which 
Tonga granted marketing approval to the person that produced the 
data.  Prior to the issuance of marketing approval of any 
pharmaceutical and agricultural chemical products, the relevant 
Ministries in Tonga will determine the existence of a patent covering a 
product for which an application for marketing approval had been filed 
by a party other than the patentee, and will not approve such 
application for marketing approval until the date of the expiration of 
such patent.   He added that Tonga would seek out all available technical 
assistance to ensure that its capa city to enforce fully its TRIPS-
consistent legal regime upon expiration of the transition period is assured.  In response to requests from  delegations for more specificity, 
the representative of Tonga presented an Action Plan setting out details 
of the steps that still remained to be taken in order to achieve this objective and a timetable for each step (Table 9).   
Table 9:  Action Plan for conformity with the TRIPS Agreement
 
Action Deadline 
Drafting of new legislations, covering: 
- protection of undisclosed information and 
trade secrets; 
- plant variety protection; 
- general and enforcement obligations under 
the TRIPS Agreement. Protection of undisclosed 
information and trade secrets 
is provided for by section 9 of 
the Protection Against Unfair 
Competition Act 2002 
  
[Plant variety protection 
legislation will be drafted no 
later than 1 July 2006] 
Drafting of amendments to existing legislations to 
address deficiencies vis-à-vis  the WTO Agreement 
on TRIPS as identified in  response to WT/ACC/9, 
specifically: 
- Industrial Property Act 1994; 
- Copyright Act 2002. Copyright Act 2002 has been 
enacted. 
Amendments to Industrial 
Property Act 2004 have been 
endorsed by the Cabinet and 
submitted to the Law Reform 
Committee for verification. 
Circulation of draft legislation addressing remaining deficiencies vis-à-vis the WTO TRIPS 
Agreement in Tonga's intellectual property rights 
regime. [July 2004]  
Parliamentary passage of new legislations and 
amendments to existing legislations. [No later than 1 July 2006] 
Drafting of implementing regulations for 
Intellectual Property legislations, specifically: 
- Geographical Indications Act 2002; 
- Protection of Layout Designs (Topographies) 
of Integrated Circuits Act 2002; 
- new legislations required, as detailed above. Regulations for the 
Geographical Indications 
Act 2002 and the Protection of 
Layout Designs (topographies) 
of Integrated Circuits 
Act 2002 have been endorsed 
by Cabinet and submitted to WT/ACC/TON/15 
Page 20  
 
 Action Deadline 
the Law Reform Committee. 
Development of manuals and operating pr ocedures [No later than 1 January 2006] 
Appointment of staff [No later than 1 January 2006] 
Training of key IP personne l [No later than 1 July 2006] 
Training for users (development of information 
brochure and training program) [No later than 1 January 2007] 
Full implementation of the Agreement on Trade-
Related Aspects of Intellectual Property Rights. [No later than 1 January 2007] 
 
165.  The representative of Tonga confirmed that Tonga would apply the Agreement on 
Trade-Related Aspects of Intellectual Property Ri ghts no later than 1 January 2007 according 
to the Action Plan in Table xx with the understanding that during this period protection for 
intellectual property rights listed in paragraphs  163 and 164 would be applied in Tonga.  The 
Working Party took note of this commitment.  
Answer:  
Tonga asks the Member to reconsider its request for the inclusion of more specific language on 
undisclosed test data and marketing approval than is  included in the TRIPS Agreement.  Tonga would 
find it very difficult to explain to its authorities and its stakeholders why it is singled out for such non- 
standard language in its TRIPS commitments.  
Please see text of revised standard commitmen t paragraph in Draft Report (paragraph 166). 
VII. TRANSPARENCY 
- Publication of information on trade  
Question 31 We note with gratitude that the responses to Questions 39 and 40 in WT/ACC/TON/11 indicate 
that Tonga is prepared to adopt the transparency facility we had proposed at previous meetings.  
We suggest slight redrafting of paragraphs  175-176 of WT/ACC/SPEC/TON/4/Rev.3 to clarify 
that the website will be the vehicle for this effort.   
In addition, we request that the period for prior publication be lengthened to 30 days to give the 
Government time to assess the value of any comments received. 
175.     The representative of Tonga said that all laws and regulations 
affecting trade were published in the Tongan Government Gazette.  Copies of specific laws and regulatio ns could be purchased from the 
Government Printing Department.  In formation on laws and regulations 
relating to trade was also available,  free of charge, from the Trade 
Policy Unit at the Ministry of Labour, Commerce and Industries.  An 
investment promotion website, which would be the official website of the Ministry of Labour, Commerce and I ndustries, was in the process of 
being established by the Industries Division of the Ministry of Labour, Commerce and Industry.  Tonga was receiving technical assistance on 
this matter from the Multilateral Investment Guarantee Agency 
(MIGA), a member of the World Bank Group.  The website would be 
dedicated to the publication of all regulations and other measures pertaining to or affecting trade in goods, services and TRIPS, where  WT/ACC/TON/15 
 Page 21 
 
 
 
 possible prior to enactment.  This website would be updated on a 
regular basis and would be read ily available to WTO Members, 
individuals and enterprises.  Tonga intended, where possible, to provide 
a reasonable period, e.g. no less than 30  days, for comment to the 
appropriate authorities of Tonga before the regulations and other 
measures pertaining to or affecting trade in goods, services and TRIPS 
were implemented, except for th ose laws, regulations and other 
measures involving national emergency or security, or for which the publication would impede law en forcement.  Tonga intended to 
implement this facility as soon as possible.   
176.     The representative of Ton ga confirmed that, from the date of 
Tonga's accession, Tonga would fulfil the transparency requirements set out in Article X of the GATT 1994, Article III of the GATS and other WTO Agreements including those requiring notification, prior 
comment, and publication.   Tonga confirmed that all regulations and 
other measures pertaining to or affecting trade in goods, services and 
TRIPS, except for laws, regulatio ns and other measures involving 
national emergency or security, or for which publication would impede law enforcement, would be published or
 posted on a Government  
website for comment for a reasonable period, i.e., no less than 30 days  
prior to enactment. He further co nfirmed that all laws, regulations, 
rulings, including administrative rulings, decrees or other measures 
related to trade in goods would be p ublished in the Official Gazette or 
posted on the website,  and that no law, regulation, etc. relating to trade 
in goods, services and TRIPS would b ecome effective prior to such 
publication.  The publication of such laws, regulations and other 
measures of general application would include the effective date of these 
measures and list, where appropriate and possible, the products and services affected by the particular  measure, identified for customs 
purposes by appropriate tariff line and classification.  The Working Party took note of these commitments.   
Answer:
 
Please see text in the revised Draft Report (paragraph 176). This states Tonga’s intention to give 30 
days prior notice, where possible, for comments to be  made and adds that Tonga will need to test how 
its plans for a website will work in practice, especially given Tonga’s very limited resources. 
Please see text in the revised Draft Report (paragra ph 177).  Tonga has not included the reference to 
notification in the first sentence as this subject is d ealt with in the next section. It has included some 
other Member's suggestions but asks the Member to  reconsider its request for the inclusion of a 
reference to a website and a commitment to prior publication as Tonga would have real difficulty in 
explaining to its authorities and its stakeholders w hy it is singled out for such non-standard language 
in its commitments on matters currently under nego tiation in the DDA. Proposals for prior publication 
put forward in the Negotiating Group on Trade Fac ilitation would have to be qualified by exceptions, 
for instance, where urgent problems of safety, h ealth, environmental protection or national security 
arise.  
 WT/ACC/TON/15 
Page 22 ANNEX 
Revised Legislative Action Plan  
Laws / Regulations / 
Administrative decisions WTO Agreement Status of indicated legislation Expected  
Approval Date 
Consumption Tax Act 2003 General Passed by Parliament. Entered into force April 2005. In force 
Ports and Service (Repeal) Act 2003 General Passed by Parliament. Entered into force April 2005. In force 
Sales Tax (Repeal) Act 2003 General Passed by Parliament. Entered into force April 2005. In force 
Fuel Sales Tax (Repeal) Act 2003 General Passed by Parliament. Entered into force April 2005. In force 
Income Tax Act General Drafted. To be submitted to  Parliament . It is anticipated that it will be 
implemented by 1 December 2005. December 2005 
Business Licences Act 2002 GATT 1994 Passed by Parliament. Draft Regulations have been forwarded to  Crown Law 
Department for review prior to being submitted to Cabinet for approval. It is 
anticipated that the Regulations will be implemented by December 2005. December 2005 
Foreign Investment Act 2002 GATT 1994 / GATS Passed by Parliament. Draft Regulations have been forwarded to  Crown Law 
Department for review prior to being submitted to Cabinet for approval. It is 
anticipated that the Regulations will be implemented by December 2005. December 2005 
Customs and Excise (Amendment) 
Act 2005 Agreement on 
Implementation of Article VII of GATT 1994 / 
Agreement on Rules of 
Origin Drafted. To be submitted to Parliament .  Regulations for implementation of 
amended Customs and Excise Act are being drafted. It is anticipated that Regulations will be endorsed by Cabinet by December 2006. December 2006 
Customs and Excise (Amendment) Act - 
removal of quantitative restrictions on 
eggs, cabin and ship's biscuits, whisky, brandy and rum Agreement on 
Implementation of Article 
VII of GATT 1994 / Agreement on Rules of 
Origin These will be eliminated by amendments to Customs & Excise Act prior to 
accession. December 2006 
Order removing reference to local 
agricultural and fish products not subject to price control from Mark-Up Schedule 
of Prices and Wages Act 1998 GATT 1994 Approved by Competent Authority.  Has been gazetted and is effective from 
May 2005. In force 
Repeal of Industrial Development 
Incentives (IDI) Act GATT 1994 The IDI Act will be suspended on 1 July 2006 and subsequently repealed once 
customs duties have been reduced to the single rate of 15%.  The provisions of the IDI Act that exempted development licence holders from the ports and services 
tax ceased to have effect when the ports  and services tax was eliminated on 
1 April 2005. December 2006 
Establishment of a TBT Enquiry Point Agreement on Technical 
Barriers to Trade Submitted for Cabinet Approv al December 2005. July 2006  
 
  WT/ACC/TON/15
 Page 23Laws / Regulations / 
Administrative decisions WTO Agreement Status of indicated legislation Expected  
Approval Date 
Establishment on SPS Enquiry Point Agreement on the 
Application of Sanitary and Phyto-Sanitary Measures Submitted for Cabinet Approv al December 2005. July 2006 
Amendments to Industrial Property 
Act 1994 Agreement on Trade-Related 
Aspects of Intellectual 
Property Endorsed by Cabinet and submitted to Law Re form Committee for verification. December 2007 
Copyrights Act 2002 Agreement on Trade-Related 
Aspects of Intellectual 
Property Passed By Parliament. July 2006 
Enforcement and Border Measures Act Agreement on Trade-Related 
Aspects of Intellectual Property Bill has been endorsed by Cabinet and submitted to Law Reform Committee. December 07 
Geographical Indications Act 2002  Agreement on Trade-Related 
Aspects of Intellectual 
Property Passed by Parliament.  Regulations have been endorsed by Cabinet and submitted 
to Law Reform Committee. December 2007 
Protection of Layout Designs 
(Topographies) of Integrated Circuits 
Act 2002 Agreement on Trade-Related 
Aspects of Intellectual 
Property Passed by Parliament.  Regulations have been endorsed by Cabinet and submitted 
to Law Reform Committee. December 2007 
 
__________