RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/VUT/15 
3 November 2010 
 (10-5845) 
Working Party on the 
Accession of Vanuatu Original:   English 
 
 
 
ACCESSION OF VANUATU 
 
Legislative Action Plan  
 
 
 The following submission, dated 30 September 2010,  is being circulated at the request of the 
Delegation of the Republic of Vanuatu.   
 
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  WT/ACC/VUT/15 
Page 2 Drafting Instructions (communicated to the State Law Office of the Government of the Republic of Vanuatu)  
 
Legislation Action Drafting instructions Time period (Implementation) 
Import of Goods (Control) Act 
[CAP. 176] Amendment  Amend the Import of Goods (Control) 
Act to be consistent with WTO Law Prepare a Bill to amend the Import of Goods (Control) 
Act.  
Amend the Import of Goods (Control) Act to read as 
follows:  "Subject to the approval of the Council of Ministers, the Minister may, by order in writing prohibit 
or restrict imports into Vanuatu of any goods, provided 
that such a restriction is consistent with the rules of the World Trade Organisation." Gazetted upon the date of accession 
Customs Act [CAP. 257] 
Amendment Amend the Customs Act (Part 7, 
Section 29.1) to be consistent with 
WTO Law Part 7, Section 29.1 of the Act reads as follows:  
"(1) Subject to the approval of the Council of Ministers, 
the Minister may, by order in writing, prohibit or restrict the importation into Vanuatu of any goods." 
 
Amend Section Part 7, 29.1 of the Customs Act to read as follows:  "(1) Subject to the approval of the Council of 
Ministers, the Minister may, by order in writing, prohibit 
or restrict the importation into Vanuatu of any goods, 
provided that such a restriction is consistent with the rules 
of the World Trade Organisation." Gazetted upon the date of accession 
Excise Act No. 24 of 2002; 
Excise Tax (Amendment) Act No. 38 
of 2006 Amend schedule of excise taxes to 
remove discrimination between like 
or similar alcoholic beverages. Drafting instructions to be transmitted to Vanuatu's State 
Law Office based on the review, currently in progress, of 
the excise tax regime by the Department of Customs and 
Inland Revenue (DCIR). Gazetted upon the date of accession  
   WT/ACC/VUT/15
 Page 3Legislation Action Drafting instructions Time period (Implementation) 
Business Licence Act [CAP. 249] 
Amendment Amend the Act to create a business 
licence that can be obtained by 
foreign and domestic individuals and firms solely for engaging in 
importation and exportation. 
 Creation of a "D0" category of licence that will allow 
the holder to engage solely in the act of importing or 
exporting from Vanuatu.   
The holder of the D0 licence may be either a ni-Vanuatu 
citizen or a foreigner.   
The fee structure for the D0 li cence shall be equivalent to 
the fee charged for a D2 licen ce, but shall not have any 
component of the fee based on the turnover of the 
applicant, be they a legal or natural person.  
 The fees charged for the D0 licence shall not discriminate 
between foreign licence holders and ni-Vanuatu citizens.  Gazetted upon the date of accession 
Business Licence Act [CAP. 249] 
Amendment The Business Licence Act will be 
amended to merge category D1 and D2 licences, creating a single licence 
category to allow licence holders to 
engage in both importation and 
wholesale/retail (distribution). Prepare a Bill to remove the D2 category of licence from 
the Customs Act.   
The Bill shall move all powers of the D2 licence to 
the D1 licence.   Gazetted upon the date of accession 
Business Licence Act [CAP. 249] 
Amendment Business licence fees that violate any 
commitment to non-discrimination and national treatment will be 
removed. 
 The removal will be effected by 
amendment of the Business Licence 
Act. Prepare a Bill to remove discrimination in licence fees 
between ni-Vanuatu citizens and foreigners.   
Specifically, the Bill shall strike out the phrase "Plus for 
each non-citizen principal or  partner engaged in the 
business, 100,000" from Schedule 1 of the Business 
Licence Act.  The phrase app ears in the following Classes 
of Schedule 1:  A, B, C, D, E, F, G, I. Gazetted upon the date of accession  
  WT/ACC/VUT/15 
Page 4 Legislation Action Drafting instructions Time period (Implementation) 
TRIPS-relevant Legislation not yet 
gazetted:  
 - Copyright and Related Rights 
Act No. 42 of 2000; 
- Trade Secrets Act No. 52 
of 2000; 
- Trade Marks Act No. 1 of 2003; 
and 
- Circuits Layouts Act No. 51 
of 2000. These Acts have been approved by 
Parliament but have not yet been 
gazetted.  Gazette the legislation listed at left in the next publication 
of the gazette.  
 A letter of instruction to gazet te the legislation listed at 
left has been signed by the Hon. Deputy Prime Minister 
and Minister for Trade, Sato Kilman.   Gazetted no later than 
1 December 2010 
Drafting of implementing regulations 
 Notification of gazetted TRIPS-
consistent legislation and draft 
implementing regulations to WTO TRIPS Committee. Drafting to be undertaken by a new 
Legal officer based in the Ministry of Trade The regulations and notification will be drafted 
subsequent to the gazetting of remaining TRIPS legislation.  Implementation regulations 
prepared no later than 1 December 2011 
Full implementation of WTO TRIPS 
Agreement  To be carried out by a new Legal 
officer based in the Ministry of Trade  Full implementation no later than 
1 December 2012 
 
 
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