RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SAM/14 
29 April 2010 
 (10-2293) 
Working Party on the 
Accession of Samoa Original:   English 
 
 
 
ACCESSION OF SAMOA 
 
Additional Questions and Replies  
 
 
 The following submission is being circulated at the request of the Government of Samoa.    
_______________ 
 
    WT/ACC/SAM/14 
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TABLE OF CONTENTS 
 
II. ECONOMIC POLICIES..........................................................................................................1  
- State Ownership and Privatization .........................................................................................1  
- Pricing Policies ............................................................................................................... ...........1  
III. FRAMEWORK FOR MAKING AN D ENFORCING POLICIES ......................................1  
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................3  
- Trading Rights ................................................................................................................. .........3  
A. IMPORT REGULATIONS......................................................................................................3  
- Customs tariff................................................................................................................. ...........3  
- Other duties and charges....................................................................................................... ...4 
- Fees and charges for services rendered...................................................................................4  
- Application of internal  taxes to imports .................................................................................4  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ ...............5  
- Customs valuation.............................................................................................................. .......7  
- Rules of origin ................................................................................................................ ...........8  
- Other customs formalities ...................................................................................................... ..9 
- Anti-dumping, countervailing dut ies, safeguard regimes .....................................................9  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS ...........................9  
- Industrial policy, including subsidies......................................................................................9  
- Technical barriers to trade, standards and certification.....................................................10  
- Sanitary and phytosanitary measures...................................................................................11  
- Free zones, special economic areas........................................................................................12  
- Agricultural policies.......................................................................................................... ......13  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................13  
- GENERAL........................................................................................................................ .......13  
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS ...........................................................................13
 
- Copyright and related rights..................................................................................................1 3 
- Trademarks, including  service marks...................................................................................14  
- Geographical indications, including appellations of origin.................................................15  
- Industrial designs............................................................................................................. .......15  
- Patents........................................................................................................................ ..............15  
- ENFORCEMENT...................................................................................................................1 6 
VII. TRANSPARENCY .................................................................................................................17  
- Publication of information on trade......................................................................................17   WT/ACC/SAM/14 
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 II. ECONOMIC POLICIES 
- State Ownership and Privatization  
Question 1 
Samoa's state owned sector is shrinking, and the existence of State trading entities (STEs) is 
under discussion.  We believe that the merging of the two sections (State ownership and 
Privatization, and State trading entities) would be useful, and, if Samoa agrees, we will offer 
suggestions in writing after this meeting on how it might be accomplished. 
Paragraph 30 of document WT/ACC/SPEC/SAM/4/Rev.2 and Question 7 of document 
WT/ACC/SAM/10:  The use of the term "duopo ly" to describe the business operation of the 
state-owned Agriculture Store Corporation (ASC) and its privately owned counterpart strongly 
implies that these two enterprises enjoy a privileged selling position for pesticides and other 
agricultural chemicals in Samoa. 
Please explicitly confirm in the text that there is  no legal or policy impediment to additional 
firms seeking to enter that market to sell these products to Samoa farmers.   
Answer:  
There is no legal or policy impediment to additio nal firms seeking to enter the market to sell 
pesticides and other agricultural chemicals in Samoa.   
Question 2 
Please report in the text when the ASC is likely to be privatized.   
Answer:  
There is no definite time set but it is likely that the privatization of ASC will commence after 2011.  
- Pricing Policies III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES Question 3 Paragraph 44 of document WT/ACC/SPEC/SAM/4/Rev.2 and Question 9 of document 
WT/ACC/SAM/10:  We thank Samoa for clarifying  how administrative appeals of government 
acts are addressed, e.g., in the context of issues covered by WTO provisions.   
Could Samoa clarify definitively in the text of the draft WP report whether or not there are 
currently any circumstances under which an administrative ruling in areas relevant to WTO rules could not be appealed to the judiciary or an independent Tribunal as provided for in Article X:3 of the GATT and the provisions for appeal in other WTO Agreements? 
Answer:
 
Samoa can confirm that all administrative decisions related to WTO rules, not only customs decisions, 
are subject to judicial review pursuant to the S upreme Court (Civil Procedure) Rules 1980, and that 
there are no circumstances under which an administra tive ruling cannot be appealed and/or reviewed.  WT/ACC/SAM/14 
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 Question 4 
Administrative Appeals:  Article X:3 of the GATT requires either judicial, arbitral or 
administrative tribunals for the review and cor rection of administrative action relating to 
customs matters.  The judiciary appeal widely ava ilable in Samoa and the administrative appeal 
available to certain custom's activities could the refore conform to this WTO obligation.  We 
suggest that Samoa sest out in detailed written form to the Working Party, how their current 
system works.  
We support removing the brackets from the fi rst of the alternative commitment paragraphs. 
Answer:
 
Samoa can confirm that all administrative decisions relating to WTO rules, not only customs 
decisions are subject to judicial review pursuant to  the Supreme Court (Civil Procedure) Rules 1980.   
Motions can be filed with the Supreme Court se eking orders for any extraordinary remedies, 
declarations or other remedies if a person is aggrieved with an administrative decision.  
Samoa is of the view that Samoa's current system is  in conformity with WTO rules and that there is 
therefore no need to establish a system of appeal  of administrative decisions.  All administrative 
decisions are already subject to judicial appeal to  the Supreme Court pursuant to the Supreme Court 
(Civil Procedure) Rules.  Therefore, Samoa can not agree to the first alternative commitment 
paragraph.   
Samoa proposes the following commitment language based on similar commitments of Recently 
Acceded Members: 
The representative of Samoa confirmed that from the date of accession Samoa's laws would 
provide for the right to appeal administrative rulings on matters subject to WTO provisions to 
an independent tribunal in conformity with  WTO obligations, including but not limited to 
Article X:3(b) of the GATT 1994.  The Work ing Party took note of this commitment. 
Question 5 
An ombudsman, as described in paragraph 43 of the Draft Working Party Report, is not 
enough to meet the requirements of Article X:3(b) of the GATT 1994 on appeals of 
administrative acts.  So we would support the suggested commitment, which has been proposed 
to Samoa.  
Answer:  
All administrative decisions are subject to judici al appeal to the Supreme Court pursuant to the 
Supreme Court (Civil Procedure) Rules and that Samoa is  of the view that its appeal system is in full 
compliance with Article X:3 of the GATT 1994.  Samo a does not need to establish an appeal system 
in line with Article X:3 of the GATT 1994.  The first alternative of paragraph 44 is factually 
inaccurate. 
Please also refer to responses above. 
Question 6 
Paragraph 48:  We support removing the brackets from paragraph 48.  WT/ACC/SAM/14 
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 Answer:  
Samoa can confirm the removal of the brackets. 
IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights  Question 7 
Paragraph 51:  Would it be possible to provide  more recent statistics for the granting of 
business licenses? 
Answer:
 
Samoa takes note and undertakes to provide the information. 
Question 8 
Paragraph 56:  Please clarify that, under the amended legislation, someone who secured a 
licence to import liquor would be able to act as  importer of record, but only someone with a 
licence to sell alcohol would be able to distribut e imported alcohol in Samoa, i.e., the act of 
importation could be separated from the act of distribution.   
Answer:  
Samoa can confirm that under the draft legislation, the act of importation will be separated from the 
act of distribution.  Any person can apply to be an importer of liquor.  Licenses to import liquor are granted independent of a licence to distribute locally. 
If a liquor importer wishes to sell liquor locally, the re levant licence to do so needs to be obtained. 
Samoa can further confirm that there is no requireme nt for applicant to be established in Samoa to 
obtain an import licence.  
A. IMPORT REGULATIONS - Customs tariff  Question 9 Licenses for import/sale/production of liquor:  the future system described in the reply is 
acceptable.  
Answer:
 
Samoa took note. 
Question 10 
Paragraph 58:  We would appreciate having the ad valorem  equivalents (AVEs) for these 
specific tariffs, or at least some approximation of their ad valorem  equivalent tariff range in the 
text. WT/ACC/SAM/14 
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 Answer:
 
For the AVEs, please refer to document WT/ACC/SAM/14/Add.1. 
- Other duties and charges 
Question 11 Please confirm that the commitment in paragraph 62 means that Samoa will bind all ODCs at 
zero, from the date of accession. 
Answer:
 
Samoa can confirm that ODCs will be bound at zero from the date of accession. 
- Fees and charges for services rendered 
Question 12 
The new fees structure is also acceptable, in a ccordance with Article VIII  of the GATT 1994. 
Answer:  
Samoa took note. 
- Application of internal taxes to imports 
Question 13 
Paragraph 74:  We support removing the brackets from paragraph 74. 
Answer:  
Samoa can confirm the removal of the brackets. 
Question 14 
VAGST exemptions:  In Question 21 of do cument WT/ACC/SAM/10 Samoa was asked to 
provide an update on how its VAGST regime comp lies with the GATT Article III.  Given that 
Samoa is considering the possibility of removi ng the VAGST exemptio n for domestically 
produced raw agricultural products, we request that Samoa share with us how they might do 
this.  (An alternative is to exempt imports of the same goods from VAGST).  
Answer:  
At this stage, the proposed change in VAGST laws is of an extremely sensitive nature especially 
given the high dependence of Samoa on subsistence ag riculture.  For this reason, the matter is being 
considered carefully along with options that Sa moa may implement.  While the change may be 
necessary for Samoa to join the WTO, the Government  of Samoa is required to ensure that the small 
subsistence primary producers are not unduly and unfairly affected.    WT/ACC/SAM/14 
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 Question 15 
The taxation of alcoholic beverages as provided in the table, annexed to the  Draft Working 
Party Report, is acceptable.  
Answer:  
Samoa took note. - Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 16 Paragraph 79:  A Member wishes to thank Sa moa for the information provided regarding 
Samoa's 2007 ban on turkey tails.  The Member  offers the following comments for Samoa's 
review and consideration:  
- Samoa's response indicates that turkey tails  were banned because of their contribution 
to the rise in diseases such as diabetes, hi gh blood pressure and heart and kidney failure 
and their popularity and relatively low price.  
- We appreciate Samoa's efforts to improve the health of its population.  However, import 
bans and other restrictions on the importat ion of products are not the best way to 
accomplish this. 
- Such measures are prohibited under Article XI  of the GATT 1994.  While Article XX of 
the GATT 1994 provides an exception for measures necessary to protect human health, this exception requires that the application of such a measure does not constitute a 
means of arbitrary or unjustifiable discrimination between countries or a disguised restriction on international trade.   
- Samoa's import ban on turkey tails is unique and therefore discriminatory, as there are 
many high fat foods, imported and domestic, still available for purchase.   
- We would be especially interested in whet her Samoa has based the import ban on any 
scientific studies regarding the contribution of turkey tails (as opposed to other products 
that are high in fat) to the rise in diseases in Samoa and how an import ban on turkey 
tails addresses that concern. 
- We suggest that Samoa find a WTO-consistent me asure to use if it is determined to limit 
consumption of this product, e.g., a high ta riff, a non-discriminatory ban on fatty meats, 
etc. 
 Turkey tails:  Is Samoa considering finding an  alternative method to address its concerns 
regarding the importation of turkey tails - other than an import ban? 
Answer:
 
Samoa proposes the following WTO compliant less- trade restrictive measures and legislative 
amendments to be put in place to address the prohibi tion on the importation of turkey tails and turkey 
tail products: 
- Amend the Health Ordinance 1959 (through insertion of a new clause 50A in Part VI) by 
giving power to the Minister of Health to make an order prohibiting the sale of a product/good or class of pr oducts/goods in Samoa; 
- Draft an Order prohibiting the sale of turkey  tails and turkey tail products pursuant to 
section 50A to commence on the same date of  commencement of the amendment to the 
Health Ordinance 1959; and WT/ACC/SAM/14 
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 - Revoke the Prohibition Order on the Importati on of turkey tail and turkey tail products. 
 It is proposed that all the above legislative am endments are to be effective on the same day. 
Question 17 
Paragraph 79:  We also suggest that Samoa finds  a WTO-consistent measure to deal with the 
importation of used cars over 12 years old, e. g., a non-automatic import licensing requirement 
to enforce mandatory inspection and certification of  used cars over a certain age that would also 
be applied to domestic cars of the same age when their registration is renewed.   
We share the view that the treatment of used cars by Samoa should be revisited.  
Answer:
 
Samoa recognizes the concerns of WTO Members with  regards to the current import prohibition of 
vehicles older than 12 years.  As such, we are curre ntly taking into consideration the import licensing 
system as suggested.  
In fact, Samoa is now looking into the system s operated by countries in the region such as New 
Zealand and Australia on how they are dealing with used vehicles being imported into their respective 
countries. 
In so far as the system in New Zealand is operated, Samoa is considering technical 
standards/regulations which would apply to all vehicl es that are brought into Samoa.  Such regulations 
include (as used by New Zealand, for example): 
- Environmental Measures:  Vehicles to comply with carbon emission standards, for example.  
The development of such standards clearly requi res a series of legislative measures aimed at 
achieving improvements in air quality by reduc ing the levels of harmful emissions from 
motor vehicles.  
- Safety Measures:  These will have to be de veloped and would address safety in relation to 
vehicle technicalities (head lights, stop lights, wheels, noise pollution etc) 
 
There are also standards in relation to the level of fuel consumption for vehicles which should also be 
considered. 
Given the above, it is clear that a lot of work is required to have in place a WTO compliant system to 
address Samoa's concerns in relation to the importation of used vehicles. 
As such, Samoa is requesting WTO Members for a phase-out period of ten years of the current import 
prohibition, while the above regulations/sta ndards/licensing system is developed.  
Samoa is expected to submit a request for t echnical assistance to develop this project.  
Question 18 
Table 8:  Prohibition of Tinned Fish:  What is Samoa's justification for prohibiting the 
importation of "tinned fish cartons of 48 cans"?  Does this product compete with a product that 
Samoa produces domestically?  We suggest tariff or internal tax policy to address this issue, i.e., 
affect the competitiveness of the products.  WT/ACC/SAM/14 
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 Answer:  
The importation of tinned fish is not prohibited.  It is the packaging of the tinned fish that is 
prohibited, which is the carton of 48 tins.  This policy initiative was put in place to assist families in 
Samoa during times of 'faalavelave' or special occ asions (funerals, title bestowments, weddings, etc).  
In the Samoan culture, these special occasions are lavi sh and include the exchange of foods such as 
boxes/cartons of tinned fish which averages to about a thousand per occasion.  To ease the burden for 
families hosting these special occasions, the 48 cartons are prohibited.  Cartons/boxes of 24 cans are 
now used and are less expensive.  
Question 19 
List of prohibited products:  after some thou ght about turkey tails and tinned fish, we would 
like you to review the Situation. 
Answer:  
Please refer to the provided response above. 
Question 20 
Does Table 8 of the Draft Working Party Report reflect all the products subject to import 
prohibitions? 
Answer:  
Samoa can confirm that Table 8 reflects all the products subject to import prohibitions. 
- Customs valuation 
Question 21 Paragraph 85:  Samoa previously indicated that its draft customs valuation legislation was 
pending Cabinet approval, but should be approved by June 2009.   
- What is the current status of this legislation?  Has it been approved by the Cabinet?   
- Does Samoa believe that the dates foreseen in the action plan will be met? - Could we have a draft for review? - Is Samoa seeking a longer transition for the implementation of Article 14 (that the 
Interpretive Notes form an integral pa rt of the WTO Valuation Agreement and the 
Articles of the Agreement are to be read and applied in conjunction with their respective notes)?  How does Samoa propose to comply with Articles 1-9, 11, 13, 15-17 without considering (observing) the Interpretive Notes?  
 
Answer:
 
Samoa undertakes to provide an update. WT/ACC/SAM/14 
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 Question 22 
We believe that Table 10 is an important part of the commitment outlined in paragraphs 83, 84 
and 85.  We suggest that it be inserted be tween paragraphs 84 and 85 of document 
WT/ACC/SPEC/SAM/4/Rev.2. 
Answer:
 
Samoa confirms that it would insert Table 10. 
Question 23 
We  requested that once the legislation, to in sert elements on confidentiality and transparency 
into the existing framework, are translat ed, that Samoa share them with Members. 
Answer:  
The Customs Valuation Regulations Amendment 2009 was made by the Head of State on the 
24 August 2009.  This amendment inserted Regulations 18A and 18B into the Customs Valuations 
Regulations 1998 regulating matters on confidentiality and transparency.   
Samoa Customs is seeking a transition period as am ended for the implementation of Article 14.  
Samoa is currently determining whether the text  already contained in the Customs Valuation 
Regulations 1998 as amended is sufficient to sa tisfy the requirements under Article 14 of the 
Agreement.  Should this prove insufficient, the in terpretive notes will then be  incorporated into the 
Customs Law. 
- Rules of origin 
Question 24 Paragraph 88:  If Samoa cannot accept a comprehen sive commitment on Rules of origin at this 
time, i.e., one that foresees the ability to provide traders with a rule of origin determination for 
both preferential and non-preferential trade, we  suggest that Samoa take the commitment only 
for preferential trade at this time, but also specify a date for willingness to certify origin upon 
request for non-preferential trade as well.   
Samoa must have the ability to determine origin of goods under WTO provisions.  This does not 
mean that there must be a long list of specific provisions in place, but rather principles of 
transformation based on HS codes would be adequate.  With a transition and technical assistance, we suggest that it would not be difficult to meet these requirements. 
We suggest the following redrafting of the commit ment in paragraph 88 to make that difference 
clear, and to designate the end of 2010 as the po int at which Samoa will instate rule of origin 
determination for non-preferential products: 
Paragaph 88.  [The representative of Samoa confirmed that, from the date of accession, 
Samoa's preferential rules of origin would fully comply with the WTO Agreement on 
Rules of origin, including the provisions of Annex II, paragraph 3(d) of the Agreement, 
i.e., that for preferential rules of origin (e.g., pursuant to PICTA), the customs authority would accept requests from an exporter, import er or any person with a justifiable cause 
for an assessment of the origin of the import , make such a determination as soon as 
possible, but no later than 150 days after th e request had been submitted provided that  WT/ACC/SAM/14 
 Page 9 
 
 
 all necessary elements had been submitted.  Requests for such assessments shall be 
accepted before trade in the good concerned begins and may be accepted at any later point in time.  Such assessments shall remai n valid for three years provided that the 
facts and conditions, including the rules of  origin, under which they have been made, 
remain comparable.  Samoa would also abide by the relevant WTO provisions on 
transparency and the provision of information about its rules of origin and their 
application.  Samoa would apply the same provisions for non-preferential rules of origin, including the provisions of Article 2(h), when it establishes such rules but no later than 31 December 2010.]  [The Workin g Party took note of these commitments.] 
Answer:
 
Samoa supports the suggested commitment paragraph as above.  
- Other customs formalities 
Question 25 Paragraph 89:  We would like to have commitment language on Samoa's pledge that it does not 
require consularisation of customs documentation. 
Answer:
 
Samoa is a member of the World Customs Organisation. Samoa can confirm that it does not require 'consular isation' ('Consularisation' refers to customs 
documentation required to be sent to consular o ffices (of Samoa) in the country of export for 
verification/certification). 
- Anti-dumping, countervailing duties, safeguard regimes 
Question 26 
We have reviewed Samoa's recently provided trade remedy legislation.  Written comments are 
attached.   
Answer:
 
Samoa has reconsidered this draft trade remedy legislation.  Samoa can confirm that it will not be 
pursuing parliamentary passage of this Bill. 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Industrial policy, including subsidies Question 27 Paragraph 106:  We would like to remove  the brackets in the paragraph.   
- We recognize that Samoa, as an LDC, is presently entitled to maintain otherwise 
prohibited subsidies in accordance with the special and differential provisions of the 
WTO Agreement on Subsidies and Countervailing Measures.   WT/ACC/SAM/14 
Page 10  
 
 - We are not adverse to discussing transiti onal periods to remove such measures.  
However, Samoa has declared that it does no t maintain any prohibited subsidies.   
- Samoa should calculate how long the residual payments from the programs described in 
this section, contingent upon export performa nce, could continue, and should work with 
the Working Party to create the necessary tran sitional period to allow these benefits to 
expire. 
 The Member suggested the following text: 
Paragraph 99.  The representative of Sam oa said that Samoa no longer granted any 
prohibited subsidies.  His Government had abolished the Export Financing Facility on 
31 December 1997, as part of the... 
Paragraph 106.  The representative of Samoa confirmed that from the date of accession, 
Samoa would not grant any subsidies, including export subsidies, which met the definition of a prohibited subsidy containe d in Article 3 of the Agreement on Subsidies 
and Countervailing Measures.  Benefits based on  existing laws would be paid after that 
date only to firms with existing commitme nts, and that these commitments would expire 
prior to 31 December 2010 and would not be renewed.  Samoa would not introduce any 
other such prohibited subsidies from the day of accession.  He further confirmed that any programmes that granted subsidies would be administered in line with the Agreement on Subsidies and Countervailin g Measures and that all necessary 
information on notifiable programmes would be notified to the Committee on Subsidies 
and Countervailing Measures in accordance wi th Article 25 of the Agreement upon 
entry into force of Samoa's Protocol of Accession.  The Working Party took note of these commitments. 
Answer:
 
Samoa supports the suggested texts as above.  - Technical barriers to trade, standards and certification Question 28 Paragraph 110:  We would like to remove the brac kets and suggest that "publication or posting 
on a website" is the appropriate formulation.  However, we will accept "notification" for this 
section. 
Answer:
 
Samoa took note. 
Question 29 
Samoa's position on TBT is strictly speaking corre ct, but it would be preferable for an acceding 
member to follow TBT recommendations (i.e. adva nce publication of the draft regulation).  
Answer:  
Samoa took note.  WT/ACC/SAM/14 
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 - Sanitary and phytosanitary measures 
Question 30 When will the Samoa Biosecurity (Quarantine) Act be amended to mandate that SPS measures 
be published? 
Answer:
 
The SPC under its Bio-Security Adviser Unit will be assisting Samoa in reviewing the Act.  The 
outcome of the review will include the amendmen t to mandate that SPS measures be published.  The 
amendment is to be completed by June 2010. 
Question 31 
We ask that Table 11:  the Action Plan for the Implementation of the SPS Agreement, be 
inserted between paragraphs 124 and 125 to make the commitment more intelligible and 
complete. 
Answer:  
Samoa can confirm the inclusion of Table 11 in the Draft Working Party Report. 
Question 32 
Paragraph 116:  Please clarify whether the "Imp ort Risk Analysis" process is handled only on 
an individual import shipment basis or whether Samoa has a systems equivalence process.  
Answer:  
In practice, Samoa conducts its Import Risk Analysis  (IRA) as per applicant request with emphasis on 
products with potential contribution to the economy.  That said, as a member of the IPPC, Samoa's IRA process follows that mandated by IPPC as well as the WTO SPS agreement where scientific 
principle and evidence is crucial.  The process also takes into account the relevant legislation applied 
in most countries.  Samoa believes this system is equivalent to the process undertaken by other trading 
partners and conforms to the principles of inte rnational standard setting bodies such as CODEX and 
OIE. 
Question 33 
Please explain what types of "recommendations"  are published in local newspapers and Annual 
Reports and Performance Monitoring reports.  A re these lists of recognized pest free areas, 
discussed in the prior sentence, or something else ?  Are interested parties able to comment on 
the recommendations before the "import health st andards" are developed and included in the 
import permit? 
Answer:
 
The types of information published are relate d to quarantine awareness by way of import 
requirements, pests and diseases lookout, operational conformance updates, intercepted pests at port of entry as well as the required procedures/requireme nts of other trading partners.  These types of 
information are published on the Samoa Quarantine website, through local news papers, television and 
radio.  WT/ACC/SAM/14 
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 Question 34 
Paragraph 124:  We again appreciate the thorough information on Samoa's SPS regime. 
Despite its status as a least developed country, Samoa has a number of the elements of its WTO SPS rights and obligations in place already.   
- For instance, Samoa's Quarantine (Biosecu rity) Act already calls for a risk based 
approach and while publication of draft measures  is not required by law it appears that 
draft measures are published in the Official Gazette.  
- Furthermore, the Action Plan provides a fairly thorough plan for moving forward.   - In considering Samoa's request for a transi tion period to 2012 for implementation, we 
would like to have an update on the status  of amending the Quarantine (Biosecurity) 
Act, as well as developing  implementing regulations. 
 
Answer:
 
The SPC under its Bio-Security Adviser Unit will be assisting Samoa in reviewing the Act.  The 
outcome of the review will include the amendmen t to mandate that SPS measures be published.  The 
amendment to be completed by June 2010 
As reflected in Table 11, implementing re gulations are to be established in 2012. 
- Free zones, special economic areas  
Question 35 Paragraph 135:   - We appreciate Samoa's commitment in the pa ragraph.  As our work on the Report has 
progressed, however, we suggest that this commitment be made more precise without 
loosing the flexibility that it requires.   
- We support the inclusion of the following commitment language into the Draft Working 
Party Report: 
 
The representative of Samoa confirmed that  free zones or special economic areas 
established in Samoa would be administe red in compliance with WTO provisions, 
including the Agreements on TRIPS, TRIMs, and Subsidies and Countervailing 
Measures, and fully subject to the coverage of its commitments in its Protocol of Accession to the WTO Agreement.  The right of  firms to establish and operate in these 
zones would not be subject to export perfor mance, trade balancing, or local content 
requirements in accordance with these obligations.  Goods produced in any such zones 
or areas under the tax and tariff provisions that exempt imports and imported inputs 
from tariffs and certain taxes would be subj ect to normal customs formalities when 
entering the rest of Samoa, including the app lication of tariffs and taxes.  The Working 
Party took note of these commitments. 
Answer:
 
Samoa can confirm the inclusion of  the commitment language as above.  
Question 36 
Paragraph 146:  There is a garble in the date.  WT/ACC/SAM/14 
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 Answer:  
Samoa agrees and asks the Secretariat to amend it accordingly. 
- Agricultural policies 
Question 37 Paragraph 141 states:  "The representative of Sam oa said that, with the exception of the import 
prohibition of turkey tails (see the section on  "Quantitative import restrictions"), customs 
duties were the only type of border protection maintained." 
- This statement is incorrect in light of information on other such restrictions (tinned 
tuna) reported in Table 8 and in the SPS section.   
- It needs to be reviewed and redrafted to be accurate. 
 Answer:
 
Samoa agrees and asks the Secretariat to amend it accordingly. 
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
- GENERAL  
Question 38 
Paragraph 155:  Taxes applied should not be discriminatory.  
Answer:  
The fees and charges are the same for both nationals a nd foreigners.  A copy of the fees is provided in 
document WT/ACC/SAM/14/Add.2. 
Question 39 
Please describe the extent to which current IP R legislation provides for MFN and National 
Treatment. 
Answer:  
Samoa is reviewing and modernizing its  existing IP legislation to ensure that it is consistent with the 
provisions of the WTO TRIPS Agreements.   
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AN D MAINTENANCE OF INTELLECTUAL PROPERTY 
RIGHTS  
- Copyright and related rights Question 40 Paragraph 151:  Please provide an updated copy of Samoa's Copyright Law.  WT/ACC/SAM/14 
Page 14  
 
 Answer:
 
Samoa has attached a copy of its Copyright Law. 
Question 41 
Paragraph 157:  How does the customary term of protection under Samoan law for Copyrights 
apply to works of folklore, and e.g., when there exists no readily identifiable author of the 
copyrightable folklore in questio n?  Has Samoa addressed these questions in its legislation? 
Answer:  
A competent authority determined by the Minister  shall authorize the reproduction, communication to 
the public; adaptation, translation; and other tran sformation of expressions of folklore when such 
creations are made either for commercial purposes or  outside their traditional customary context.  
These are explicitly provided in the relevant  provisions of the Copyright Act 1998. 
Question 42 
Paragraph 169:  How does Samoa intend to address the provisions of Articles 35-38 of the 
TRIPS Agreement that require protection for integrated circuits? 
Answer:  
There is a project currently being undertaken in Sa moa to review and modernize Samoa's existing IP 
legislation.  Therefore subject matters that are not afforded protection under the existing legislation 
will be considered for protection under any ne w IP legislation that will be drafted. 
The proposed review and modernization of existing IP legislation will ensure that such legislation are 
consistent with the provisions of the TRIPS Agre ement, and hence protection will granted to other 
subject matters that are currently excluded from IP protection under the existing legislation.  
- Trademarks, including service marks Question 43 Paragraph 160:  Samoa should enact legislation in order to protect databases as such and in a 
way that is independent from the protection of the data itself. 
Answer:
 
Samoa took note of this suggestion. 
Question 44  
Paragraph 161:  What are the cases where trad emark assignment could take place without the 
agreement of the owner? 
Answer:  
All trademark assignments require the agreement of the owner before the assignment could be 
recorded and effective.  WT/ACC/SAM/14 
 Page 15 
 
 
 - Geographical indications, including appellations of origin 
Question 45 TRIPS regime: Samoa's plan for implementing TRIPS shows that it takes protection and 
enforcement of intellectual property rights seriously.  A Member noted that Samoa's trademark, patent and copyright regimes have been largely brought into conformity with 
TRIPS.  Would Samoa provide Members with furt her information on the possible inclusion of 
legislative provisions related to enforcement in  Samoa to ensure conformity with the TRIPS 
Agreement?  We also note that Samoa has dr afted a Geographical Indicators Bill, providing 
sui generis  protection.  Will Samoa require assistance in managing the potential additional 
administrative burden, if Samoa proceeds with this form of GI protection? 
Answer:
 
Samoa is reviewing and modernizing its  existing IP legislation to ensure that it is consistent with the 
provisions of the WTO TRIPS Agreements.  Samoa is being assisted by a member. 
Question 46 
We have provided written comments on th e draft Law on Geographical Indications. 
Answer:  
Samoa has reconsidered this draft Law and will not be pursuing parliamentary passage of this piece of 
legislation. 
- Industrial designs 
Question 47 Paragraph 165:  Why does the withdrawal of the design require the licensee's consent?  Is this 
something that applies to all licenses? 
Answer:
 
The licensee's consent is required, if the licence contr act is still valid.  So far, there have not been any 
such cases. 
- Patents 
Question 48 
Paragraphs 168 and 170:  Please indicate how Sa moa intends to address the provisions of the 
TRIPS Agreement that require protection for (a) plant varieties, non-biological and 
microbiological processes, and (b) undisclosed in formation (particularly in the area of data 
provided in the context of registration of pharmaceutical patents) and trade secrets.  
Answer:  
The proposed review and modernization of existi ng IP legislation will ensure that Samoa's IP 
legislation is consistent with the provisions of the TRIPS Agreement.  Hence, protection will be 
granted to subject matters that are excluded from IP protection under Samoa's current IP legislation.  WT/ACC/SAM/14 
Page 16  
 
 - ENFORCEMENT 
Question 49 With regards to the TRIPS chart provided in document WT/ACCC/SAM/11 and the related 
Table 12:  Action Plan for the Implementati on of the TRIPS Agreement, the chart makes 
several references to draft IP legislation that will satisfy the TRIPS enforcement provisions set 
forth in Articles 41-61, but it is unclear from the Action Plan what specific legislation is 
intended to satisfy the respective TRIPS enforcement provisions. 
Paragraph 171: Does this statement mean that Samoa has no provisions in its legislation to 
enforce its IP laws?   
- Please clarify what legislation is intended to provide civil procedures and remedies, 
provisional measures, administrative procedures and remedies, special border 
measures, and criminal penalties that would comply with the enforcement provisions of 
the TRIPS Agreement. 
- If that legislation is not already enacted, please discuss the relevant timeframe 
contemplated for implementation. 
 Answer:
 
Samoa has civil enforcement provisions in the Tr ademarks Act 1972, Industr ial Designs Act 1972 and 
Patents Act 1972 as well as the Copyright Act 1998 to enforce IP protection.  
In addition, Samoa also applies the Customs Act to seize either pirated goods or goods infringing 
trademarks at the border.  The Copyright Act contai ns provisions on criminal sanctions.  Likewise, the 
Crimes Ordinance 1961 and Criminal Procedures Act 1972 are also applied for enforcing IP laws. 
Question 50 
Paragraph 176 of document WT/ACC/SPEC/SAM/4/Rev.2: - We recognize that Samoa is a least developed country and that the TRIPS Agreement 
has flexibilities designed to facilitate the accession to the WTO of least developed 
countries.  We are willing to work with Samoa on its commitment to implement the 
WTO Agreement on TRIPS with a transition a nd to address the flexibility referred to in 
paragraph 176.   
- The commitment offered, however, is not adequate to neither confirm Samoa's 
obligations or to secure its requested transition. 
- Our initial review of Samoa's TRIPS implementation checklist, contained in document 
WT/ACC/SAM/11, indicates large gaps in Samoa's current ability to administer a 
WTO-consistent regime in intellectual property protection.   
- We propose amended text and commitment to Samoa in order to fill those gaps, and to 
confirm how Samoa intends to implemen t the WTO Agreement on TRIPS.  The 
amended text and commitment are attached to this paper. 
 Answer:
 
The proposed review and modernization of existi ng IP legislation will ensure that Samoa's IP 
legislation is consistent with the provisions of  the TRIPS Agreement.  Hence protection will be 
granted to subject matters that are excluded from IP protection under Samoa's current IP legislation.  WT/ACC/SAM/14 
 Page 17 
 
 
 Question 51 
We are reviewing the draft Industrial Property Act,  circulated by the WTO Secretariat.  Please 
provide page 80 of the document.  It was missing from the file. 
Answer:  
Page 80 is a blank page. VII. TRANSPARENCY - Publication of information on trade Question 52 For its own purposes, and to stimulate economic activity and promote investment, Samoa must 
adopt a more effective method of meeting the tr ansparency requirements of WTO Agreements.  
This is particularly true in the areas of TBT and SPS where the collection of comments prior to 
enactment is an obligation.   
- Samoa's ability to provide facilities for public comment on regulations or provide 
traders with unified information points appea rs to us from the information provided to 
be rudimentary. 
For example, in the response to Question 88 of document WT/ACC/SAM/8, Samoa has 
indicated that the Ministry of Foreign Affairs and Trade has a website, but that use of the internet in Samoa is not common (internet penetration is only 2 per cent) and in Samoa's view would be ineffective.   
- We note, however, that other WTO Memb ers make common use of the internet to 
publicize materials and to search for informat ion.  Samoa's current practice, of sending 
publications directly to private sector organiz ations for them to comment on, would be 
very ineffective in opening its regulatory review process (not to mention collecting 
comments on SPS and TBT draft technical regul ations) to interested parties in other 
WTO Member countries.  The same is true fo r notices published in the local newspaper. 
Answer:
 
[The representative of Samoa confirmed that from the date of its accession,  Samoa would 
fully and promptly implement the transparency  provisions of the WTO requiring notification 
and publication, including the provisions of  Article X of the GATT 1994.  He further 
confirmed that no law, regulation, judicial d ecision administrative rulings and other measures 
of general application pertaining to or affec ting trade in goods, services, and TRIPS, would 
become effective prior to its publication.  The publication of such laws , regulations and other 
measures would include the effective date of  these measures and list the products and/or 
services affected by the particular measure.  He  stated further that Samoa intended to establish 
or designate an official journal or website, published or updated on a re gular basis and readily 
available to WTO Members, individuals and en terprises, dedicated to the publication of all 
regulations and other measures pe rtaining to or affecting trade in goods, services, and TRIPS 
prior to implementation, and that Samoa intende d to provide a reasonable period, e.g. no less 
than 30 days,  for comment to the appropriate authori ties of Samoa before such measures are 
implemented, except for those regulations and other measures of general application 
involving national emergency or security, or for which the publication would impede law WT/ACC/SAM/14 
Page 18  
 
 enforcement or be otherwise contrary to the public interest or prejudice the commercial 
interests of particular enterprises, public or private.  Samoa intended to seek technical 
assistance  to implement this facility as soon as possibl e, and within the timeframe of its other 
WTO commitment s and should be in place five years from date of accession .  
The Working Party took note of this commitment.] 
Question 53 We would like to learn more about Samoa's current process for accepting and reviewing 
comments on draft regulations.   
- Does current legislation require that the Gov ernment collect or respond to comments 
submitted?  In the areas of SPS or TBT? 
- How are final regulations notified in Samoa?  
Answer:
 
There is no legislation, which requires the publica tion of draft bills or regulations for comment.  
However, consultations are normally carried out by th e responsible Ministries to discuss draft Bills, 
amendment Bills and regulations.  After consultations , a final draft bill or final draft regulation is 
provided with a report outlining further changes made in  light of the consultations for final review and 
approval by the AG Office.  The AG's Office then issues a certificate of approval. 
Regulations are no longer required by legislation to be notified before becoming effective.  
Regulations, once signed by the Head of State, beco me effective.  However, the current practice is 
that regulations or a notice of commencement for th e regulation are still published in the newspaper.   
Question 54 In order to deal with its transparency obligations, we recommend that Samoa consider 
establishing a unified publication policy, enquiry point and/or website where regulations on all 
WTO issues routinely would be published prio r to implementation for public review and 
comment.  Such a facility would help Samoa implement its other commitments, and represent a 
major reform breakthrough. 
To initiate the discussion of how Samoa might move towards improving this situation, and 
thereby take a great step forward towards a tr uly transparent and accessible regulatory review 
mechanism that will improve the economic en vironment, we offered draft commitment 
language for Samoa's consideration after the last  meeting.  It is represented by the text in 
paragraph 193 in the second set of brackets. 
We would be most interested in Samoa's views at this time. 
Paragraph 193:  [The representative of Samoa co nfirmed that from the date of its accession, 
Samoa would implement the transparency provision s of the WTO, including the provisions of 
Article X of the GATT 1994, in particular the requirement that all laws, regulations, judicial decisions and administrative rulings of general application, made effective by any contracting 
party, pertaining to the classification or the val uation of products for customs purposes, or to 
rates of duty, taxes or other charges, or to requi rements, restrictions, or prohibitions on imports 
or exports or on the transfer of payments therefore, or affecting their sale, distribution, transportation, insurance, warehousing, inspection,  exhibition, processing, mixing or other use, 
shall be published promptly in such a manner as  to enable governments and traders to become 
acquainted with them.  The Working Party took note of these commitments.]   WT/ACC/SAM/14 
 Page 19 
 
 
 [The representative of Samoa confirmed that  from the date of its accession, Samoa 
would fully and promptly implement the tran sparency provisions of the WTO requiring 
notification and publication, including the provisions of Article X of the GATT 1994.  He further confirmed that no law, regulation, judicial decision administrative rulings and other measures of general application pert aining to or affecting trade in goods, 
services, and TRIPS, would become effective pr ior to its publication.  The publication of 
such laws, regulations and other measures wo uld include the effective date of these 
measures and list the products and/or services affected by the particular measure.  
He stated further that Samoa intended to esta blish or designate an official journal or 
web-site, published or updated on a regul ar basis and readily available to WTO 
Members, individuals and enterprises, dedicate d to the publication of all regulations and 
other measures pertaining to or affecting trade in goods, services, and TRIPS prior to 
implementation, and that Samoa intended to provide a reasonable period, e.g. no less than 30 days, for comment to the appropriate authorities of Samoa before such measures are implemented, except for those regulations and other measures of general 
application involving national emergency or security, or for which the publication would 
impede law enforcement or be otherwise cont rary to the public interest or prejudice the 
commercial interests of particular enterprises, public or private.  Samoa intended to implement this facility as soon as possible,  and within the timeframe of its other WTO 
commitments.  The Working Party took note of this commitment.] 
Answer:
 
Samoa would prefer not to make reference to 'no le ss than 30 days', as it is not a requirement under 
the WTO law.  
Question 55 
Samoa has indicated that one option to meet it s transparency requirements is to establish an 
internet site.  How difficult would it be for Sam oa to do this?  What kind of technical assistance 
or capacity building might Samoa need to estab lish an internet site and to maintain it? 
Answer:  
Based on paragraph 193 in the second set of brackets as proposed, the commitment is either a website 
or a journal.  It is the intention of Samoa to  publish draft legislation on a website, perhaps 
commencing with the use of the current website of the office of the Attorney General, to receive 
comments from the public. 
Samoa will most certainly seek technical assistance  in terms of training and capacity building to 
ensure that it is established and maintained accurately. 
 
 
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