RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SAM/17/Add.5 
10 February 2011 
 (11-0665) 
Working Party on the  
Accession of Samoa Original:   English 
 
 
 
ACCESSION OF SAMOA 
Additional Questions and Replies  
Addendum  
 
 
 The following submission, dated 29 January 2011, is being circulated at the request of the Delegation of Samoa.  
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  WT/ACC/SAM/17/Add.5 
 Page i 
 
 
 TABLE OF CONTENTS 
 
II.  ECONOMIC POLICIES..........................................................................................................1  
-  Investment Regime.............................................................................................................. ......1 
IV.  POLICIES AFFECTING TRADE IN GOODS .....................................................................1  
C.  INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS ...........................1  
-  Sanitary and phytosanitary measures.....................................................................................1  
V.  TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.........................................5  
-  Responsible agencies for policy formulation and implementation .......................................5  
-  SUBSTANTIVE STANDARDS OF PROCTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF 
INTELLECTUAL PROPERTY RIGHTS .............................................................................5  
-  Geographical indications, including appellations of origin...................................................5  
-  Industrial designs............................................................................................................. .........6 
-  ENFORCEMENT.................................................................................................................... .6 
 
  WT/ACC/SAM/17/Add.5 
 Page 1 
 
 
 II. ECONOMIC POLICIES 
- Investment Regime Question 1 We would welcome receiving the draft Foreign Investment Amendment Bill (including clear 
lists of the activities which are reserved, restrict ed or prohibited).  Could Samoa give an 
indication about when they intend to circulate a copy of this draft Bill? 
Answer:
 
A copy of the draft Foreign Investment Bill was submitted to the Working Party 
(WT/ACC/SAM/17/Add.4). 
IV. POLICIES AFFECTING TRADE IN GOODS 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Sanitary and phytosanitary measures Question 2 Could Samoa inform, whether more information on  import requirements for specific plants and 
plant products as well as a list of quarantine pe sts will be made available on this web page?  
Furthermore, if a reference will be added on the IPPC webpage:  www.ippc.int? 
Answer:
 
Information on import requirements for specific plan ts and plant products will be made available on 
the quarantine website.  A list of quarantine pests is  available on the regional SPC website on the link:  
http://pld.spc.int/pld/. 
Question 3 
In case import permits specify any phytosanitary  conditions that the products have to meet, 
could Samoa inform, where the importers, be forehand, can find information on which 
conditions have to be met for certain products? 
Answer:  
Importers can obtain information on any phytosanita ry conditions from the Samoa Quarantine Service 
website:  www.samoaquarantine.gov.ws.  If needed, fu rther information can be obtained by contacting 
directly the SPS focal point listed on the website. 
Question 4 
Could Samoa inform for which plants and plan t products an import permit is required?  
Furthermore, if the International Standard fo r Phytosanitary Measures (ISPM), ISPM 20, 
point 4.2 will be taken into consideration in the future? WT/ACC/SAM/17/Add.5 
Page 2  
 
 Answer:
 
All plant and plant products require  import permits.  Samoa has been using the ISPM to formulate 
national standards; all prohibitions and r estrictions are technically justified. 
Question 5 
Could Samoa inform for which plants and pl ant products a phytosanitary certificate is 
required.  Furthermore, if the International St andard on Phytosanitary Measures, ISPM 32, 
will be taken into consideration in the future? 
Answer:  
Through the IRA process, a phytosanitary certificate is required for new plants and plant products 
depending on their pest risk, intended use and potential  as a pathway of introducing quarantine pests.  
ISPM is taken into consideration at present. 
Question 6 
Could Samoa inform if the Samoan import requi rements for animals and animal products take 
into consideration the OIE Guidelines on BSE? 
Answer:  
Yes. 
Question 7 
Comment on the revised Table 11:  Action Pl an for the Implementation of the SPS Agreement 
(WT/ACC/SAM/17, page 44): 
Further development of quarantine website, 
www.samoaquarantine.gov.ws to improve 
notification and acce ss to documentation. Improve input of data and the operation of the 
website.  Technical assistan ce to assist in further 
operational improvement of website should be maintained into an on-going status. 
 
It is difficult to find the links related to notifi cation and access to documentation on the website:  
www.samoaquarantine.gov.ws. 
Answer:  
Samoa took note and will look into that matter. 
Question 8 
Comment on the revised Table 11:  Action Pl an for the Implementation of the SPS Agreement 
(WT/ACC/SAM/17, page 44): 
Signatory to International Organizations, to keep 
update on SPS issues and follow the required 
mandates. Samoa is a signature to IPPC, Codex and it's 
interest to OIE is represented by the regional 
organization of Secretariat to Pacific 
Communities (SPC).  
  WT/ACC/SAM/17/Add.5 
 Page 3 
 
 
 Samoa is on the right track. 
Answer:  
Samoa took note. 
Question 9 
Comment on the revised Table 11:  Action Pl an for the Implementation of the SPS Agreement 
(WT/ACC/SAM/17, page 44): 
Establishment of enquiry point within MAF 
Head of Quarantine 
Ministry of Agriculture and Fisheries 
Quarantine Division Established and currently functional.  This is the 
contact point for all SPS and administrative 
procedures.  
 
If it is currently functional, does it mean that Samoa is currently dealing with notifications?  
How does it work in practice?  How does Sam oa handle notifications from third countries? 
Answer:  
Samoa has yet to notify under the WTO.  As th e contact point for Samoa's WTO accession, all 
notifications from WTO Members are currently receive d through the Ministry of Foreign Affairs and 
Trade and passed on to Samoa Quarantine.  This w ill change shortly, as we conclude the accession 
process.   
Question 10 
Comment on the revised Table 11:  Action Pl an for the Implementation of the SPS Agreement 
(WT/ACC/SAM/17, page 44): 
Training of enquiry officer with MAF: On-g oing as opportunities arise.  Already 
completed: - Completed 4
th Specialised Course on SPS - 
2008/2009. 
- Attended the Advance Programme on 
WTO/DOHA/PIFS Development Agenda on 
Negotiation Issues for Pacific Economies - 
2009. 
- Coordinate and attended the National 
Workshop for Public Servants on SPS/TBT 
Agreement in Samoa - 2010. 
- Attended the Workshop on Transparency 
Provision of the SP S Agreement - 2010. 
 
The information in Table 11 on the training is qui te in contradiction with the text provided in 
the response to Question 82 drafted in November 2010 (WT/ACC/SAM/17):  "awaiting acceptance to attend the Workshop on the Tran sparency Provisions of the SPS Agreement at 
end of 2010".  Did Samoa attend this WTO Workshop in Geneva? 
Answer:
 
Yes, Samoa was represented at this Work shop in Geneva by Samoa's SPS focal point. WT/ACC/SAM/17/Add.5 
Page 4  
 
 Question 11 
Comment on the revised Table 11:  Action Pl an for the Implementation of the SPS Agreement 
(WT/ACC/SAM/17, page 44):   
Implement a National Aw areness Workshop on 
the SPS Agreement to cover all stakeholders and 
other interest parties.  September or October 2011.  
 
Please keep Working Party Members posted. 
Answer:  
Samoa took note. 
Question 12 
Comment on the revised Table 11:  Action Pl an for the Implementation of the SPS Agreement 
(WT/ACC/SAM/17, page 44):   
As the date of full implementation is scheduled by 1 January 2012 (in one year from now), we 
will be pleased to see how these Regulations will be implemented on grounds, once the draft 
amendments are available by March 2011.  We take  note of the progressive implementation of 
the provisions of the WTO Agreement on the Application of Sanitary and Phytosanitary 
Measures within the timetable provided for in Table 11.  This exercise of accession to WTO 
regarding SPS matters shall continue and, will be  more effective and co ncrete once all draft 
regulations will be finalized at the Ministerial level.  We noted the difficulties mentioned by 
Samoa in terms of delay (due to the unavailability of funds).   
 Answer:
 
Samoa took note. Question 13 Comment on the revised Table 11:  Action Pl an for the Implementation of the SPS Agreement 
(WT/ACC/SAM/17, page 44):   
We notice that Samoa has already received Technical Assistance from two Members and the 
FAO to be fully in line with the obligations of the SPS Agreement.  We would like to encourage this assistance in view of enabling Samoa to meet its accession obligations.  
Answer:
 
Samoa took note.  WT/ACC/SAM/17/Add.5 
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 V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
- Responsible agencies for policy formulation and implementation Question 14 Paragraph 179:  "He added that Samoa also in tended to join the Paris Convention for the 
Protection of Industrial Property."   
Article 2 of the TRIPS Agreement provides th at Members must comply with the Paris 
Convention.  We would welcome receiving in formation about how and by when Samoa will 
modify its laws in order to comply with th e Paris Convention, and would like to know what 
steps have already been taken. 
Answer:
 
The IP review project currently underway will ta ke into consideration Article 2 of the TRIPS 
Agreement and, how Samoa will comp ly with the Paris Convention. 
- SUBSTANTIVE STANDARDS OF PROCTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AN D MAINTENANCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Geographical indications, including appellations of origin 
Question 15  
Paragraph 195:  We consider that it should be  made clear that the views expressed in this 
paragraph are those expressed by one Member.  In particular, those views refer to Article 16 
TRIPS but omit any reference to Article 17 TRIPS, while Members retain the possibility to rely on the exceptions set out in the latter.  We would appreciate a reference in the Draft Working 
Party Report to the position of other Memb ers, according to which the TRIPS Agreement 
allows Members to provide that, under certain conditions, geographical indications may be 
protected even if a prior trademark has been filed or registered - as the legislation of some WTO Members currently provides.  We do not support the suggestion put forward by one 
Member to include two Articles (referred to as  Article 6(e) and (f)).  We support the views 
expressed by Samoa on Article 6(f). 
Answer:
 
Samoa took note and asks the Secretariat to revise the paragraph accordingly. 
Question 16  
With regard to Samoa's response to Question 108 of document WT/ACC/SAM/17: 
Question 108 
On GIs:  overall reserve - notably as regards how the GIs bill will deal with coexistence 
between GIs and trademarks.  WT/ACC/SAM/17/Add.5 
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 Answer:
 
The GI Bill will be reviewed taking into co nsideration the comments from Members.  
Please refer to the comment made under Question 15. 
Answer:  
Samoa took note. - Industrial designs Question 17  
Paragraph 197:  "For nationals from countri es granting reciprocal treatment to Samoan 
nationals, the Minister could suspend the registration requirements." 
This is not clear enough.  Could Samoa clarif y whether this means that these designs will be 
automatically and without examination protected in Samoa? 
Answer:
 
This particular sentence in paragraph 197 is not true and should therefore be deleted. 
By virtue of Article 8(2) of the Industrial Designs  Act 1972, the Minister may suspend applications by 
nationals of any country, which does not grant adequate reciprocity to Samoa. 
- ENFORCEMENT 
Question 18 
Paragraph 205:  "The representative of Samoa said that the current legislation needed to be 
amended to strengthen the current  include  provisions on civil procedures and remedies; 
provisional measures; administrative procedur es and remedies; special border measures; and 
criminal penalties, consistent with the TRIPS Agreement." 
We take note of Samoa's statement. Answer:
 
The current legislation will be reviewed under the IP review project. 
Question 19  
209 bis.  Some Members were concerned that sev eral TRIPS requirements, including the 
most-favoured nation and national treatment provisions of the TRIPS Agreement, had 
not been included in Samoa's legislation. […] 
The representative of Samoa acknowledged that Samoa's current intellectual property 
regime did not conform fully to WTO requireme nts.  Further work would be needed to 
bring its legislation into conformity with WTO rules and obligations.  He accordingly requested that Samoa be granted a transitional period to 1 January 2013 permitting 
Samoa to complete this process a fter its accession to the WTO.  WT/ACC/SAM/17/Add.5 
 Page 7 
 
 
 We take note of Samoa's request for a transitional period. 
Answer:  
Noted. 
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