RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/SAM/2
17 February 2000
(00-0597)
Working Party on the
Accession of SamoaOriginal:  English
ACCESSION OF SAMOA
Memorandum on the Foreign Trade Regime
In a communication dated 15 April 1998, the Government of Samoa applied for accession
under Article XII of the Agreement Establishing the World Trade Organization (WTO).
At its meeting on 14 July 1998, the General Council established a Working Party
(WT/ACC/SAM/1) with the following terms of reference "To examine the application of the
Government of Samoa to accede to the World Trade Organization under Article XII and to submit tothe General Council recommendations which may include a draft Protocol of Accession."  The
membership is open to all WTO Members indica ting their wish to serve on the Working Party.
In accordance with the established procedures (WT/ACC/1), the Secretariat is circulating the
attached Memorandum on the Foreign Trade Regime received from the Government of Samoa.  WTOMembers wishing to submit questions on the Memorandum are invited to do so by 10 April 2000 for
transmission to the Samoan authorities.
_______________WT/ACC/SAM/2
Page i
CONTENTS
Page Number
I. INTRODUCTION 1
II. ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE 1
1. Economy
(a) General description (territory, population, economic
specialization, main economic indicators)1
(b) Current economic situation 2
2. Economic Policies
(a) Main directions of the ongoing economic policies, tactical and
strategical goals of the economic policies, pricing policy,economic development plans, privatization plans, sectoral
priorities, regional development plans, etc3
(b) Monetary and fiscal policies 6
(c) Foreign exchange and payments system, relations with
International Monetary Fund, application of foreign exchangecontrols if any7
(d) Foreign and domestic investment policies 7
(e) Competition policies 8
3. Foreign trade in goods and services 9
4. Domestic trade in services including value and composition of foreign
direct investment11
5. Information on financial moveme nts related to nationals working
abroad, remittances, etc.11
6. Information on growth in trad e in goods and services over recent
years and forecasts for years to come11
III. FRAMEWORK FOR MAKING  AND ENFORCING POLICIES
AFFECTING FOREIGN TRADE IN GOODS AND TRADE INSERVICES
1. Powers of executive, legislative and judicial branches of government 12
2. Government entities responsible for making and implementing
policies affecting foreign trade13
3. Division of authority between central and sub-central governments 13
4. Any legislative programmes or plan s to change the regulatory regime 13
5. Laws and Legal Acts (Annex 2 refers) 14WT/ACC/SAM/2
Page ii
Page Number
6. Description of judicial, arbitral or administrative tribunals or
procedures, if any14
IV. POLICIES AFFECTING TRADE IN GOODS
1. Import Regulation 14
(a) Registration requirements for engaging in importing 14
(b) Characteristics of national tariff 14
(c) Tariff quotas, tariff exemptions 15
(d) Other duties and charges, sp ecifying any charges for services
rendered15
(e) (f) Quantitative import restrict ions, including prohibitions, quotas
and licensing systems15
(g) Other border measures 16
(h) Customs valuation 16(i) Other customs formalities 16
(j) Pre-shipment inspection 16
(k) Application of internal taxes on imports 16
(l) Rules of origin 17
(m) Anti-dumping regime 17(n) (o) Countervailing duty regime and safeguards 17
2. Export Regulation 17
(a) Registration requirements for engaging in exporting 17
(b) Customs tariff nomenclature, types of duties, duty rates, weighted
averages of rates17
(c) Quantitative export restrictions , including prohibitions, quotas and
licensing systems17
(d) Export licensing procedures 17
(e) Other measures, e.g. minimu m export prices, voluntary export
restrictions, orderly marketing arrangements17
(f) Export financing, subsidy and promotion policies 17
(g) Export performance requirements 17
(h) Import duty drawback schemes 18
3. Internal policies affect ing foreign trade in goods 18
(a) Industrial policy, including subsidy policies 18(b) Technical regulations and standards, including measures taken at
the border with respect to imports18
(c) Sanitary and phytosanitary measures, including measures taken
with respect to imports18
(d) Trade-related investment measures 20
(e) State-trading practices 20
(f) (g) Free zones and free economic zones 20
(h) Trade-related environmental measures 20
(i) Mixing regulations 21
(j) Government-mandated counter-trade and barter 21(k) Trade agreements leading to country-specific quotas allocation 21
(l) Government procurement practices, including general legal
regime and procedures for tendering, dealing with tenders and
award of contracts21WT/ACC/SAM/2
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Page Number
(m) Regulation of trade in transit 21
4. Policies affecting foreign trade in agricultural products 21
(a) Imports -  i.e. comprehensive description of the types of border
protection maintained21
(b) Exports - i.e. description of, and the budgetary expenditure and
any revenue foregone involved in each of the export subsidy
measures in place21
(c) Export prohibitions and restrictions 21
(d) Export credits, export credit guarantees or insurance programmes 22(e) Internal policies - i.e. description of, and the budgetary
expenditure and any revenue foregone involved in each of the
domestic support measures in place22
5. Policies affecting foreign trade in other sectors 22
(a) Textiles regime 22
(b) Policies affecting foreign trade in other major sectors 22
V. TRADE-RELATED INTELLECTUAL PROPERTY RÉGIME
1. General 22
2. Substantive standards of protection, including procedures for the
acquisition and maintenance of intellectual property rights23
(a) Copyright 23
(b) Trademarks 24
(d) Industrial designs 25
(e) Patents 26
(i) Other 26
VI. TRADE-RELATED SERVICES REGIME
1. General 26
2. Policies affecting Trade in Services 27
(a) Government departments, agenci es, professional associations or
other bodies with authority or a role relevant to the conduct ofservice activities27
(b) Judicial, arbitral or administrative tribunals or procedures
providing for the review of, or remedies in relation to,
administrative decisions affecting trade in services27
(c) Provisions, including those in international agreements,
concerning qualification requireme nts and procedures, technical
standards and licensing and/or registration requirements for the
supply of services27
(d) Provisions governing the existence and operation of monopolies
or exclusive service suppliers28
(e) Provisions relating to safeguard measures as they apply to trade in
services28WT/ACC/SAM/2
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Page Number
(f) (g) Provisions relating to international transfers and payments for
current transactions of services; Provisions relating to capital
transactions affecting the supply of services28
(h) Provisions governing the procurement by governmental agencies
of services28
(i) Provisions concerning any form of aid, grant, domestic subsidy,
tax incentive or promotion scheme affecting trade in services28
3. Market Access and National Treatment 28
(a) Limitations on the number of service suppliers 28(b), (c), (e), (f), (g)
(b)Limitations on the total value of services transactions or
assets; (c) Limitations on the total number of service operations
or on the total quantity of service operations or on the total
quantity of service output; (e) Restrictions on, or requirementsof specific types of legal entity through which a service may be
supplied; (f) Limitations on the participation of foreign capital;
(g) Measures providing for less than the treatment accorded to
national services or service suppliers28
(d) Limitations on the total number of natural persons that may be
employed in a particular service sector29
4. Most-Favoured-Nation Treatment 29
VII. INSTITUTIONAL BASE FOR TRADE AND ECONOMIC
RELATIONS WITH THIRD COUNTRIES
1. Bilateral or plurilateral agreement s relating to foreign trade in goods
and trade in services29
2. Economic integration, customs uni on and free-trade area agreements 30
3. Labour markets integration agreements 30
4. Multilateral economic cooperation , membership in the multilateral
economic organizations, trade-related programmes of other
multilateral organizations31WT/ACC/SAM/2
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Page Number
ANNEX I
STATISTICS133
ANNEX 2
LIST OF LAWS AND LEGAL ACTS 43
ANNEX 3
LEGISLATION RELATING TO INDIVIDUAL SERVICES
SECTORS46
I. BUSINESS SERVICES
1. Professional Services
(a) Legal Services 46
(b) Accounting, auditing and bookkeeping services 46
(g) Urban planning and landscape architectural services 46
(h) Medical and dental services 46
(j) Services provided by midwives, nurses, physiotherapists and
para-medical personnel47
II. COMMUNICATION SERVICES
1. Postal services 47
3. Telecommunication services 47
4. Audiovisual services 48
(c) Radio and television services 48
VII. FINANCIAL SERVICES
1. All insurance and insu rance-related services 48
2. Banking and other financial services (excl. insurance) 49
XI. TRANSPORT SERVICES
1. Maritime Transport Services 49
3. Air Transport Services 49
ANNEX 4
CUSTOMS FEES AND CHARGES 51
                                                     
    1The documentation and data enumerated below is without prejudice to the right of Members to request the
additional data and documentation which they may deem necessary in the course of the accession process.WT/ACC/SAM/2
Page 1
I. INTRODUCTION
The Government of Samoa is pleased to submit this Memorandum on its Foreign Trade
Regime of policies and procedures to the World Trade Organisation in support of its application to
accede to the WTO under Article XII of the Marrakesh Agreement establishing the World Trade
Organisation.
Samoa, with a per capita income of approximately US$800 in 1998, is defined by the United
Nations and the WTO as a least developed country. The relatively small Samoan economy has a
number of structural weaknesses which affects its economic growth prospects. Its dependence on a
very few crops for exports and limited natural resources results in a serious trade imbalance.  It also
has a relatively large external debt, low domestic resource mobilization, a growing labour force with
relatively low educational and skills levels and increasing urban unemployment. The Samoan
economy relies heavily on development assistance and private transfers to balance the externalaccount and to cover the resource gap.  Samoa is located in that part of the Pacific Ocean which is
prone to natural disasters, particularly cyclones which in recent years had caused severe damage to
domestic infrastructure and output, especially in the agricultural sector.
Although a comparatively small player in international trade, Samoa is nevertheless affected
by events and changes taking place in the world economy. Hence, Samoa cannot afford to bemarginalised or isolated in processes that shape the international economy and particularly
international trade.  The government of Samoa is of the view that it has much to learn from larger
countries.  Samoa also believes that, irrespective of the size of its economy, it has much to offer to the
WTO, particularly by providing a better understanding of the problems faced by least developed and
small island countries in their trade relatio ns and the ways that these can be solved.
Samoa wishes to join WTO on terms appropriate to its status as a least-developed country.
II. ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE
1. Economy
(a) General description (territory, population, economic specialization, main economic
indicators)
Samoa (formerly Western Samoa) is an independent nation and has been since
1 January 1962.
It lies in the Central South Pacific Ocean between 13º to 15º latitude north-east of
New Zealand and 173º to 175º longit ude south-west of Hawaii.  The total land area is 2,890 square
kilometres, which covers two main islands, Savaii  and Upolu, in addition to a number of smaller
islands and islets just off Upolu.  Samoa’s capita l, Apia is located on Upolu, which is the country’s
second largest island and the most developed.  Upolu is the country’s centre of government and
commerce.
Samoa belongs to the Polynesian group of islands. It has a tropical climate and is pleasantly
warm with an average temperature of 29C (85F).  Rainfall averages 2,850 mm (112 inches) with the
heaviest rainfall from November to March.
The population estimated in 1997 is 170,000, the majority being Samoan with a small mixture
of parts Chinese, Melanesian and European.  The actual population growth rate is 2.5 to 2.6 per cent,WT/ACC/SAM/2
Page 2
with the effective growth rate being 0.5 per cent per annum due to a relatively high net migration.
Approximately 50 per cent of the population are 15 years and less.
The economy has largely been dependent on agricultural crops and taro (a root crop), copra,
cocoa and bananas have been the main exports.  However in 1993 taro, the crop which was the largest
foreign exchange earner, was devastated by the taro leaf blight and has still not recovered.  With thisdebilitation of the agricultural sector, major developments in the fisheries sector have taken place.
This was evident in 1997 when the fisheries sector replaced the agriculture sector as the most
dominant one both in terms of income generation and export earnings.
Imports, on the other hand, have always surpassed the value of exports, leaving large balance
of trade deficits. These large trade deficits have been exacerbated and perpetuated by an over-
dependence on the export of a few agricultural commodities whose production and prices are
susceptible to natural calamities and the vagaries of international trade respectively.  In addition, thetrade deficits continued to widen due to Samoa's demand for the imports of food, fuel and capital
equipment needed for development.  In an effort to narrow the trade deficits, Samoa has relied on the
remittances from Samoans living abroad and capital transfers through soft-term loans from
multilateral financial institutions and grants from donor countries such as New Zealand, Japan, and
Australia.
The Tourism and Manufacturing sectors have not traditionally been prominent sectors in the
economy.  Until recently the government has implemented policies to place considerable importance
on these sectors as a means of contributing to a higher rate of growth and a more diversified economic
structure.
The country's main economic indicators are presented in Annex 1.
(b) Current Economic Situation
The year 1998 saw a continuation of the low growth of the previous year.  In constant 1994
prices the real value of aggregate GDP in 1998 was Samoan Tala (SAT) 552.4 million (US$183.5
million), an increase of 1.6 per cent over the 1997 figure of SAT 543.9 million (US$180.7 million).
The economy has slowed down in the last two year s as the growth rate was 1.5 per cent in 1997,
compared to rates of 6.2 per cent and 6.9 per cent in 1996 and 1995 respectively
On the external front, exports in 1998 were up by SAT 22.69 million (US$7.5 million) (or
60.5 per cent), over the previous year.  This was off set by a substantial increase in imports of SAT
29.43 million (US$9.78 milliohn) (11.5 per cent) resulting in a trade deficit of SAT 225.52 million,
(US$74.9 million) 3.1 per cent above 1997.  With improvements in both net services, up 9.6 per cent,
and net transfers, up 2.2 per cent, the current account balance was SAT 17.5 million (US$5.8
million)in deficit, a decrease of 19.4 per cent on the 1997 deficit of SAT 21.70 million (US$5.8million).
At end of 1998, foreign exchange reserves stood at SAT 172.47 million (US$57.2 million), up
by SAT 18.91 million (US$6.3 million) in 1997.  At this level, net foreign assets were equivalent to
7.2 months worth of current imports.
The rate of inflation fell in the course of 1998 to an annual average rate of 2.2 per cent as at
the end of December 1998, which was well below the 5 per cent target.
Government’s fiscal position in 1997/98 was sound, with the achievement of a surplus of 2.1
per cent of GDP.  In the first 6 months of the 1998/ 99 fiscal year, the budget was on track to achieve
original estimate for a balanced outturn.WT/ACC/SAM/2
Page 3
In 1998, credit to the private sector rose by 18.76 per cent (SAT 26.14 million US$8.6
million) over 1997, to stand at SAT 165.51 million (US$54.9 million).  This increase was facilitated
both by the removal of regulations on interest rates and by restrictions on commercial banks’ lending.
There was also an improvement in government’s net deposits with the domestic financial system of
SAT 28.83 million (US$9.6 million).  This offset the in crease in private sector credit such that total
domestic credit outstanding fell by 4.3 per cent from the end of 1997 to stand at SAT 59.29 million
(US$19.69 million) at end 1998.
In the 1999/2000 financial year, Government will continue to pursue the public sector and
economic policy reform to make the Samoan economy as competitive as possible, so as to increase
investment and create new employment opportunities.
2. Economic Policies
(a) Main directions of the ongoing economic policies, tactical and strategic goals of the economic
policies, pricing policy, economic development plans, privatization plans, sectoral priorities,
regional development plans, etc;
The current economic policies and strategies of the Government of Samoa are set out in the
Statement of Economic Strategy 1998 – 1999.
The emphasis on developing this partnership between government and the private sector is
intended to increase investment, employment and per capita incomes through the implementation of a
programme of economic and public sector reform measures that focus on:
- Making Samoa a more enterprise based and competitively structured economy;
- Maintaining a sound macroeconomic framework, including;
- a balanced fiscal position which does not “crowd out” the financing needs of
the private sector;
- a liberalised financial sector and the introduction of indirect instruments of
monetary control targeting interest rates and inflation;
- tariff reform, and a general reduction in the level of tariffs; and
- a stable exchange rate regime to mainta in the real effective exchange rate at
an appropriate level;
- Increasing the diversification of exports and their competitiveness on the world
market, with emphasis on the development of the tourism and export processing
industries;
- Redefining the role and responsibilities of the public service to become more open
and transparent, cost-effective, efficient and customer/client service oriented; and
- Developing the human resource base of the country to provide the skills required for
the expansion of the economy.
The Government of Samoa is convinced that the key to sustained economic growth is a
healthy and competitive private sector.  Therefore, the new approach taken by government in
strengthening its partnership with the private sector is being taken to lead the country into a period of
sustained (and sustainable) economic growth.
The economic goals and objectives of Samoa were presented in its 1998 – 1999 Statement of
Economic Strategy, which highlights sectoral goals and objectives for the next two years.
The Statement outlines the Vision for the years ahead as follows; “Samoa to lead the region in
structural and public sector reform, good governan ce and increasing per-capita incomes, growth in
employment and improved health and education standards while incorporating social and culturalvalues and environmental sustainability.”WT/ACC/SAM/2
Page 4
To achieve this, Samoa must become a more enterprise based and competitively structured
economy if it is to secure sustained and sustainable economic growth into the next century and
beyond. This must be based on a strong and diversified private sector.
The Government must maintain a sound macroeconomic framework including a balanced
fiscal position, which does not lead to deficit financing “crowding-out” the credit needs of the privatesector.
Samoa must become a more balanced and diversified trading nation. The nation is dependent
on international trade in goods and services incl uding tourism, it must therefore maintain both
domestic and international competitiveness if it is to prosper.
For the vision to be achievable the Government will also need to ensure that human resources
are available with the required education and professional and technical skills to meet the needs of
private sector ventures.
The public sector reform process will lead to a redefinition of the role and responsibilities of
the public service. The public sector will become more focussed on core activities and more
customer/client oriented. Standards of service will be improved through good governance,
transparency and consistency. The public sector/private sector partnership will be strengthened. The
nation will also strengthen its international linkages in taking its place in the wider global economy.
Taken together these will assist the nation to become a more vigorous, competitive and
efficient economy able to play its full part in, and take advantage of, the opportunities and challenges
in the fast developing global economic environment. Samoa will have a vibrant formal sector
economy, low unemployment, complementing a village based rural sector providing a balance
between food and cash cropping for food security and export production.
In order to create an enabling environment, Samoa’s medium term growth prospects depend
critically on the Government’s speed and commitment to implement a series of measures to address
the structural weaknesses and other constraints facing the economy. The enabling environment for
private sector led growth must be strengthened. This will help to achieve one of the fundamental
objectives of Government economic policy, that is  a sustained growth in employment in the private
sector.
A number of enterprises are wholly or partially owned by the state.  These are listed in the
Table below.
Under the reform programme, privatization rema ins a key priority and implementation of the
privatization program will be accelerated over the next two years.  Changes in the legal framework are
also proposed in order to improve the performan ce of the remaining state owned enterprises, for
instance by applying the Companies Act to these enterprises in order to improve their performance
and standards of service.
Privatization or, where appropriate, corporatization, are essential elements of the reform
agenda. At present the state owned enterprises are operating inefficiently and are a heavy drain on
government resources. Their poor business performance is adding to the costs faced by local
businesses and consumers, and is impeding opportunities for employment growth and better services.They need to operate on sound commercial principles and be subject to normal commercial
disciplines.
The Government has sold its shares in BOC Gases and its controlling interest in Samoa
Breweries Limited in addition to Samoa Iron and Steel which was divested in 1998.   The winding upWT/ACC/SAM/2
Page 5
of the Special Projects Development Corporation is in its concluding stage.  Officials are working on
establishing the Coconut Mill on an efficient and reliable commercial basis before the Government
can fully withdraw from any direct involvement.  Full divestment is targeted to be achieved within
twelve months.  Work has also started for the selling of Government shares in Rothmans Tobacco
Limited.
The Posts and Telecommunications Department was corporatized effective 1 July 1999.
Samoa Communications Ltd. was established and granted an exclusive licence to provide postal and
telecommunications in the country.  This initiative is aimed at improving communication services
both locally and with the outside world.
List of enterprises wholly or partially owned by the state
Corporations and Government Investment% Govt.
Ownership
1. Accident Compensation Board 100 per cent
2. Agriculture Store Corporation 100 per cent
3. Air Pacific 0.12 per cent
4. Airport Authority 100 per cent
5. Apia Park Board 100 per cent
6. Brugger Industries Ltd 20 per cent
7. Central Bank of Samoa 100 per cent
8. Computer Services Ltd 40 per cent
9. Development Bank of Samoa 100 per cent
10. Electric Power Corporation 100 per cent
11. Hellaby Samoa Ltd 9 per cent
12. Housing Corporation 100 per cent
13. National Pacific Insurance Ltd 30 per cent
14. National Provident Fund 100 per cent
15. National University of Samoa 100 per cent
16. Pacific Forum Line 7 per cent
17. Polynesian Airlines (Holdings) Ltd (old) 100 per cent
18. Polynesian Investment 100 per cent
19. Polynesian Ltd (new) 100 per cent
20. Rothmans Tobacco Co. Ltd 40 per cent
21. Samoa Breweries Ltd 15.5 per cent
22. Samoa Coconut Products Ltd 100 per cent
23. Samoa Communications Ltd 100 per cent
24. Samoa Forest  Corporation Ltd 40 per cent
25. Samoa Land Corporation 100 per cent
26. Samoa Life Assurance Corporation 100 per cent
27. Samoa Polytechnic 100 per cent
28. Samoa Shipping Corporation 100 per cent
29. Samoa Shipping Services Ltd 100 per cent
30. Samoa Trust Estates Corporation 100 per cent
31. Samoa Visitors Bureau 100 per cent
32. Samoa Water Authority 100 per cent
33. Samoa Ports Authority 100 per cent
34. Telecom Samoa Cellular 10 per cent
35. Televise Samoa Corporation 100 per centWT/ACC/SAM/2
Page 6
(b) Monetary and Fiscal Policies
The responsibility of formulating and executing monetary policy rests with the Central Bank
of Samoa. The Bank aims at attaining two inter-related objective, domestic price stability and externalpayments viability.
Since its inception, the Central Bank of Samoa has depended on direct control of credit and
interest rates, combined with a Liquid Assets Requirement, for the conduct of monetary policy.
The financial sector liberalisation, effected 12 January 1998, saw the removal of direct
controls that have been imposed on interest rates and the amount of lending the commercial banks can
undertake. Commercial banks are now free to determine the level of interest rates on deposits and
loans based on market forces affecting the demand for and supply of money.  A phased reduction inthe Liquid Assets Requirement has begun with the intention of removing the Requirement completely
by late 1999.
To assist in the conduct of monetary policy and the regulation of liquidity in the financial
system, the Central Bank started the process of auctioning securities on 7 January 1998.  The auction
is open to the members of the public.  Hence, the Central Bank now relies on market mechanisms andprice signals, as is the case in other sectors of the economy, for the conduct of monetary policy.
The monetary policy stance set by the Central Bank will target to keep inflation at or below 6
per cent, the long-term average rate. This will be achieved through indirect instruments of monetary
control, specifically the issue of Central Bank Secu rities to absorb surplus liquidity in the financial
system. The policy stance will not, however, be so tight as to restrict the availability of domesticcredit for viable investment projects in the domestic economy.  At the same time, the Bank expects to
be able to maintain an adequate level of foreign exchange holdings.
Samoa’s fiscal strategy is clear and simple. It continues the message of responsible and
prudent spending. It also pursues the sound and responsible approach to financial and economic
management that has been set in place over recent years. It builds on the foundations that have beenestablished by carrying forward the Government’s ap propriately focused reform agenda to strengthen
the economy over the years ahead. It targets expenditure priorities to the areas of greatest need in the
community, and it delivers properly constructed initiatives to meet those needs, consistent with
financial responsibility.
There are three key elements of the Fiscal strategy:
- maintain sound policies and strong financial discipline;
- continue to implement the reform agenda th at has been outlined in the Statement of
Economic   Strategy, which includes the major reform of the tariff system, a key
reform priority; and
- focus expenditures on priority areas that will provide better access for Samoans to
essential services, such as the health and education sectors, in line with the
commitments given in the past.
On 29 May 1998, the Government of Samoa announced the most far-reaching changes to
taxation and revenue since the introduction of the value added goods and services tax in 1994. These
measures have contributed significantly way to the challenge of strengthening the competitive
environment for Samoan businesses and to building the foundation for sustained economic growth in
the years ahead.WT/ACC/SAM/2
Page 7
The only taxes levied in Samoa, apart from the taxes on goods and services dealt with in other
sections of this Memorandum are taxes on net income and/or profits -company tax, personal tax, tax
on dividends, capital gains tax, taxes on interest derived from Samoa by a resident or a non-resident,
and taxes on royalties and management fees.
(c) Foreign Exchange and Payment Systems, rela tions with the International Monetary Fund, and
application of foreign exchange controls if any
Samoa became a member of the International Monetary Fund in 1971.
The exchange rate is determined on the basis of a fixed relationship with a trade weighted
basket of currencies of Samoa's main trading partners (namely USA, New Zealand, Australia, Japan,
Fiji and the European Euro) based on trade remittances, travel and tourism spending.
The Central Bank has the authority to make discretionary exchange rate adjustments against
the trade-weighted basket within a margin of up to 2 per cent.
There are no restrictions on foreign exchange for current transactions.  However, Central
Bank continues to administer capital account transactions under the Exchange Control Regulations.
The prime objective of these regulations is to maximise and preserve the country's external reserves
by having control over capital outflows.  Gene rally, investments outside Samoa and private sector
external borrowings are subject to exchange control regulation.  All foreign exchange transactions are
monitored by the Central Bank for statistical and policy purposes.
(d) Foreign and Domestic Investment Policies
A National Investment Policy Statement has been published, making clear that the
Government of Samoa is committed to promoting and facilitating the private domestic and overseasinvestment required to underpin growth in the economy and to broaden and deepen the productive
base of the country.  The Government’s new policy aims to stimulate investment by liberalizing the
economy and stimulating competition, rather than by granting special incentives to investors.  In the
past, the government operated a tax incentives scheme to assist with the development of enterprises in
Samoa.  However, in the 1999/2000 Budget the government announced that, in the light of the lowerduty rates, these concessions on import duties and income tax holidays would no longer be available
in respect of new investment proposals and in June 1999, an amendment to the Enterprises Incentives
and Export Promotion Act 1992/3 gave effect to this decision.  Approval orders granted between 29
May 1998 and 25 June 1999 together with export enterprises approval orders, were grandfathered
until they reach the expiry date stipulated in the respective orders.
The new policy also takes steps to ensure that procedures to be followed are open, efficient
and transparent and that investors can easily obtain clear guidance about these procedures from anewly-created Trade and Investme nt Promotional Unit (TIPU) within the Department of Trade
Commerce and Industry which was specifically set up to facilitate and promote investment in Samoa.
All businesses in Samoa require a business license, the issuance of which is controlled by the
Business Licence Act of 1998.  The new Act simplifies procedures for the issuance of business
licenses.  It prohibits the following activities: nuclear and toxic waste disposal or storage; export ofproducts that are prohibited by law; prostitution; processing and export of endangered species; and
production of weapons of war.  The licenses must be renewed each year.  The cost of a business
licence is SAT  220 (US$73) for sole traders per business activity and SAT 500 (US$166) for
Companies per business activity each year.WT/ACC/SAM/2
Page 8
The following table lists the number of business licenses issued in 1997 for various sectors:
Type of Business Amount of licenses granted
Food Manufacturing 11
Other Manufacturing businesses 7
Construction 21
Commerce 207
Hotels and Restaurants 9
Transport and Communication 91
Finance and Business Services 26
Education, Health and Social Work 4
Electricity and Gas 2
Public Administration 1
Personal Services 10
Agriculture and Fishing 4
Others 7
Businesses require special licenses for the right to import liquor, to sell liquor and to serve
liquor in restaurants.  The cost of a licence  to import liquor is SAT 1,000 per annum (US$332).
The Labour and Employment (Employment of Expatriates) Amendment Act 1999 simplifies
procedures relating to employment permits for the recruitment of foreign workers.  Work permits areissued in particular if skills are not available locally.  The Immigration Amendments Bill 1998
guarantees the issue of entry visa for a foreign worker engaged in a position for which a work permit
has been granted.  Foreigners cannot own land in Samoa but investors can lease land either from the
government or private owners for a period of up to 20 years, renewable.
(e) Competition Policies
The Government’s underlying objective in this area is the creation of a commercial
environment in which any restrictions can be demonstrated to be fair and in the public interest and a
professional organization that can be relied upon to interpret and apply laws consistently and
impartially. It is government policy to move away from the role of regulator to one of encouraging
fair market behaviour and structures, in particular by removing unnecessary regulations and introducenew forms of legislation that are in the public interest.
The Government is therefore conducting an ongoing review of all legislation, policies and
programmes that impose restrictions on competition the aim of which is to further enhance the
environment in Samoa for private sector investment. The new approach to competition policy
involves regular consultation with all stakeholders and calls therefore for the strengthening of existingcommunity ties and the establishment of new relationships.
The Fair Trading Act of 1998 controls the percentage mark-up of wholesalers and retailers for
a short list of important consumer items in order to prevent these distributors from taking advantage
of local monopoly positions which exist in the Samoan economy.
A central focal point responsible for the administration of the new legislative framework has
also been established.WT/ACC/SAM/2
Page 9
3. Foreign Trade in goods and services
Exports
Exports By Commodity 1996-1998
Value in Samoan Tala & US Dollars Thousand (fob)
Exports 1996 US$ 1997 US$ 1998 US$
Coconut oil
FishCoconut Cream
Kava
Copra Meal
Copra
Taro
Banana
BeerCigarettes
Soft Drinks
Timber
Other
Re-exports6825
22874913
1120
622
4078
98
724
1107
268
270
832
1806
1472808
941
2021.8
461
255
1678
40.30
297.9
455.6
110
111.1
342
743
60.56761
12327
4772
1485
542
7882
99
474
1603
-
411
124
1255
1312449
44501722
536
196
2845
35.7
171.1
578.7
-
148
44.8
453.1
47.34153
28401
3863
5526
215
6078
125
178
2356
-
191
5
1590
7458 *1379
9435.5
1283
1836
71
2019
41.5
59.1
782.7
63.4
1.67
528.2
2477.7
TOTAL 24,827 10,217 37,455 13,521 60139 19,979
* includes the $7.2 million sale of the Forum Samoa vessel                                                   Source: Central Ba nk
Agricultural products have largely dominated exports in the past years with fish exports
emerging as Samoa’s major export earner.
The total value of exports (including re-exports) in 1998 rose 61 per cent to SAT 60.1 million
(US$19.97 million) following an increase of 51 per cent in 1997. Apart from the proceeds for the sale
of the sea vessel MV Forum Samoa, this great improvement in export earnings was due to significant
increases in export revenues from fresh fish, kava and beer. Whereas the average export prices for
these products were virtually unchanged from 1997, the improvement in earnings from these three
commodities reflected the growth in their export volumes.
On the other hand, hefty declines in revenues were registered for most other export
commodities.
Export earnings from copra, coconut oil and co conut cream, copra meal and bananas declined
substantially with timber virtually disappearing in 1998.
The destination pattern for Samoa’s exports also changed considerably during 1998. Whilst
the bulk of exports was directed to the Pacific region, the share of that region dropped to 55 per centin 1998 from 72 per cent in the previous year. American Samoa remained the largest exports market
(absorbing the surge in fish exports) with its share rising 41 per cent from 32 per cent in 1997.
Germany where the MV Forum Samoa vessel and much of the kava was sold to, became the second
largest export market in 1998, with its share rising to 17 per cent from two per cent in 1997. The share
of the United States, (the second largest market for fish exports) rose to 18 per cent in 1998 from a 9per cent share in 1997. On the other hand, New Zealand which used to be the largest market for
Samoan exports in the past continued to decline, settling at seven per cent share in 1998 from a 16 per
cent share in 1997. In much the same fashion, the share of Australia also took a plunge to five per centWT/ACC/SAM/2
Page 10
in 1998 from 23 per cent in 1997. The share of United Kingdom shrank to 10 per cent from
13 per cent and that of Asia (0.5 per cent) was marginal.
Imports
Imports 1996-1998 (cif)
Tala & US Thousands
 Imports 1996 US$ 1997 US$ 1998 US$
Government
Petroleum
Other (private
sector imports)21919
27075
1947309020
11141
8013524417
26090
2057178815
9419
7426625951
35328
2243728622
11737
74542
TOTAL 243724 100298 256224 92500 285652 94901
Source: Central Bank
The value of imports in 1998 increased by 11 per cent to SAT 285.7 million following a 5 per
cent increase in 1997. The rise in imports was main ly due to an expansion in both ‘other’ private
sector imports and in petroleum imports. In addition, government imports also went up by
six per cent.
There were minor changes in the sources of imports in 1998 with the bulk (63 per cent)
coming from New Zealand and Australia. The share of New Zealand fell 34 per cent in 1998 from38 per cent in 1997 and that of Australia rose to 29 per cent from 21 per cent. The share of imports
from Fiji declined to 11 per cent from 15 per cent and that of the United States decreased to 14 per
cent from 16 per cent. The proportion of imports coming from American Samoa and Europe remained
unchanged at 1 per cent each while that of Asia increased to 10 per cent from eight per cent.
Balance of Payments 1996-1998
(SAT  & US$ Million)
1996 US$ 1997 US$ 1998 US$
Exports
Imports24.83
243.7210.20
100.3037.45
256.2313.50
92.5060.14
285.6619.99
94.90
Trade Balance -218.89 -90.10 -218.78 -78.98 -225.52 -74.9
Net ServicesNet Transfers101.3
90.4941.70
37.2089.55
107.5332.30
38.8098.11
109.9032.60
36.50
Current Accoun t
Balance-27.37 -11.30 -21.70 -7.8 -17.51 -5.8
Capital Account net 41.06 16.90 47.78 17.20 36.44 12.1
Overall Balance 13.69 5.60 26.08 9.41  18.91 6.3
Current Accoun t
Balance
as  per cent of GDP-5.20 -2.1 -3.60 -1.3 -2.80 -0.9
Overall Balance
as  per cent of GDP 2.60 1.06 4.30 1.55 3.00 0.99
Source: Central Bank and Treasury DepartmentWT/ACC/SAM/2
Page 11
4. Domestic Trade in services including value and composition of foreign direct investment
There is no comprehensive data on foreign direct investment.
In 1998, net earnings from tourism rose 22 per cent (SAT 18.6 million/US$6.2 million) and
those from investment income (SAT 5.1 million/ US$1.7 million) and private remittances (SAT 109.9
million/US$36.5 million) increased by SAT 5.4 million/US$1.79 million and SAT 2.4million/US$0.79 million respectively.
5. Information of financial movements related to nationals working abroad, remittances,
etc.
Remittances continue to be an important source of foreign exchange earnings.  In 1997, net
private remittances rose by 19 per cent and by two per cent in 1998.
Remittances are mainly from families staying in New Zealand, Australia and USA.
6. Information on growth in trade in goods and services over recent years and forecasts for
years to come
The balance of payments recorded a surplus of SAT 18.9 million (US$6.3 million) in 1998
entirely due to an improvement in the current accoun t, as a result of the expansion in export earnings,
tourism earnings and increases in investment income and private remittances. However, compared
with 1997, the overall surplus in the balance of payments in 1998 was 27 per cent lower.
Compared with 1997, the current account deficit in 1998, at SAT 17.5 million (US$5.8
million) narrowed 19 per cent due to a huge rise in tourism earnings combined with improvements in
net inflows from investment income and private rem ittances. Net earnings from tourism rose 22 per
cent (SAT 18.6 million/US$6.8 million) and those from investment income (SAT 5.1 million/US$1.7
million) and private remittances ($109.0 million/US$36.2 million) increased by SAT 5.4/US$1.7million and SAT 2.4/US$0.8 million respectively. These combined increases offset a net outflow in
‘other’ services of SAT 117/US$38.9 million an d a SAT 6.8 /US$2.3 million deterioration in the
merchandise trade deficit in the period under review.
The net inflows on capital account in 1998 (SAT 36.4 /US$12.1 million), was 24 per cent or
SAT 11.3 /US$3.8 million lower than in 1997, a consequence of a larger outflow of private sectorcapital. On the other hand, the net inflows of Government transfers in 1998, at SAT 62.6
million/US$20.7 million, was lower (down by 1 per cent) Some improvements was recorded in the net
repayment of Government guaranteed loans ab road which fell 25 per cent to SAT 10.5 /US$3.5
million in 1998 from SAT 14.0 /US$4.7 million in the previous year. Also net payments of
Government loans, declined to SAT 3.1 /US$1.02 million in 1997.
Real growth is forecasted to  be about two per cent in 1999 and in the range of three-four
per cent for the economy overall in the year 2000.
Inflation is expected to remain low as tariff cuts and general trading conditions continue to
work through to consumer prices.
The balance of payments is projected to remain satisfactory, with an overall small surplus.
Although imports will increase as major infrastructure projects get under way, these projects are
largely externally funded, and the impact on the balance of payments will not be too severe. Foreignexchange reserves should remain at a satisfactory level.WT/ACC/SAM/2
Page 12
III. FRAMEWORK FOR MA KING AND ENFORCING POLICIES AFFECTING
FOREIGN TRADE IN GOODS AND TRADE IN SERVICES
1. Powers of executives, legislative and judicial branches of government
In 1962 armed with a new Constitution, Samoa became the first Country in the Pacific to be
independent. Its system of Government is based on the English Westminster model consisting of theexecutive, legislator and the judiciary branches.
Samoa became an independent and sovereign state on 1 January 1962, and is part of the
British Commonwealth of Nations. Samoa was formerly a German protectorate from 1899 - 1914 and
was administered by New Zealand from 1920 to 1961, initially under a League of Nations Mandate
and thereafter from 1946 under a United Nations Trusteeship Agreement. The Samoan Constitution
was adopted in 1960.  In a plebiscite held in May 1961, the Samoan people voted overwhelmingly in
favour of Independence.  The United Nations terminated the Trusteeship Agreement in 1962 whenSamoa became a sovereign independent nation.
Executive
HH Malietoa Tanumafili II is the Head of State for the duration of his lifetime. Future Heads
of State will be elected by the Legislative Assembly and will hold office for five-year terms.
The executive power is vested in the Head of State, who swears in the Prime Minister who is
appointed by the members of the Legislative Assembly, and on the Prime Ministers advice, 12
Ministers form the Cabinet. Collectively they comprise the Executive Council.
The Cabinet of Ministers is vested with the authority under the Constitution to have the
general direction and control of the executive government of Samoa and is collectively responsible
therefore to Parliament. The Cabinet is summoned only by the Prime Minister, or in his absence, byany Minister appointed by him in that behalf.
Cabinet may appoint one or more persons to inquire into and report to the Cabinet on
questions arising out of government administration, the working of law or the necessity for a new law
or a disaster or accident involving citizens.
The Constitution provides for the Council of Deputies who are elected by the Legislative
Assembly. It is currently comprised of 3 Deputies who can take up the position of  the Head of State,
in accordance with the Constitution. The Chairman of the Council is the Deputy Head of State. The
Council performs the functions of the office of the Head of State when he is unable to do so, on
grounds of absence from Samoa or otherwise.
Legislative
The Legislative Assembly is composed of 49 members elected every five years by universal
suffrage. There are 47 seats for matai (customary chiefs or heads of the family) that represent theterritorial constituencies, and two members are elected representing the individual voters who do not
have chiefly titles.
The Legislative Assembly also elects two Members of Parliament to hold office as Speaker
and Deputy Speaker of the Legislative Assembly respectively.  The Speaker or in his absence, the
Deputy Speaker, presides over sittings of the Legislative Assembly.WT/ACC/SAM/2
Page 13
Parliament consists of the Head of State and the Legislative Assembly who have the power to make
the laws of Samoa.
Subject to the Constitution and to the Standing Orders of the Legislative Assembly, any
Member of Parliament may introduce a bill, motion or petition to the Assembly.  A Bill will become
law after it has been read and voted on three times by a majority of Members of the Assembly, andthen formally is assented to by the Head of State. Thereafter it becomes an Act of Parliament.  Acts
are published in the Samoa Gazette.
Judicial
The Samoan Judicial system is made up of the Court of Appeal, the Supreme Court, the
Magistrates Court and the Lands and Titles Court. Samoa still retains appellate recourse to the Privy
Council based in London, which is Samoa's high est appellate body although seldom utilised.
The Chief Justice of the Supreme Court is appointed by the Head of State acting upon the
advice of the Prime Minister.
Samoa has a Judicial Service Commission, which consists of the Chief Justice as President,
the Attorney General (or if he/she is unable to ac t, the Chairman of the Public Service Commission),
as well as another person so nominated by the Minister of Justice.  The Head of State acting on the
advice of the Judicial Service Commission appoints all Judicial officers (other then the Chief Justicewhose appointment is subject to a different procedure as outlined above.)
2. Government entities responsible for making and implementing policies affecting foreign
trade
Government entities that are responsible for making and implementing policies affecting
foreign trade are;
Department of Trade, Commerce and Industry Customs Department
Treasury Department Depart ment of Agriculture
Justice Department Labour Department
Central Bank Prime Ministers Department
Inland Revenue Ministry of Foreign AffairsLands, Survey and Environment Department Ministry of Transport
The Department of Trade, Commerce and Industry is the agency responsible for the
developing of trade related policies through the Inter-Departmental Committee and the Trade,
Commerce and Industry Development Board where al l the other Departments and the private sector
meet to discuss policies including foreign trade.  The Department of Trade, Commerce and Industry is
the WTO Focal Point in Samoa.
3. Division of authority between central  government and sub-central governments
The only government in Samoa is the central government.  There are no sub-central
governments.
4. Any legislative programmes or plans to change the regulatory regime
These are dealt with in other sections of this Memorandum.WT/ACC/SAM/2
Page 14
5. Laws and Legal Acts
Relevant laws and legal acts are listed under Annex II.
6. Description of judicial, arbitral or administrative tribunals or procedures, if any
Disputes relating to valuation, seizures and forfeiture may be settled by the Minister of
Finance or the Head of State. In other cases these may be settled through the Judicial System.
Foreign and domestic importers and exporters have the right to appeal decisions by
government bodies affecting international trade to the courts.  Review of administrative decisions lie
with the Supreme Court exercising its inherent common law powers. Administrative decisions may be
challenged for breach of the Common law rules of natu ral justice and the duty to act fairly.  The Court
may order habeas corpus, mandamus, certiorari or prohibition, or may issue injunctions and
declaratory judgements.
On the receipt of a complaint about a decision or act above in relation to "matters of
administration" in or by government department s, organizations or their employees the Ombudsman
may launch an investigation. The Ombudsman may make a recommendation to the department
concerned as to action to be taken.  A further report to the Prime Minister may be made if such
recommendations are not followed.
IV. POLICIES AFFECTING TRADE IN GOODS
1. Import Regulation
(a) Registration requirements for engaging in importing
Importers require a business licence in the same way as other businesses.  See Section II 2 (d)
on foreign and domestic investment above.
(b) Characteristics of national tariff
Copies of Samoa's current Customs Tariff have been supplied to the WTO Secretariat.
This tariff is based on the Harmonized Tariff System.  Prior to 1997, the tariff was based on
the Customs Cooperation Council Nomenclature.  Part 1 of the tariff contains the Interpretative Rules
and the Working Tariff (HS Codes, Item Description, Duty Rates, Statistical Codes, etc) and Part II
the Statutory Concessions and other Tariff Concessions (see tariff exemptions below).  Samoa has a
one-column tariff and the duty rates apply to imported commodities irrespective of country of origin
as there are no tariff preferences or special rates for different countries.
In the past, tariff rates in Samoa were very high in comparison with other countries.  Samoans
were paying more for imported goods and services and businesses faced high costs for the
commodities they need to import which made it more  difficult for them to be competitive. The high
tariff rates also encouraged people to look for ways to avoid paying duty on imports.  A lot of revenuewas lost to the Government as a result which also meant that everyone else had to pay higher taxes.
A reform of the Customs Tariff has recently taken place, as a result of which duty rates have
been considerably reduced.  The Table below reflects the tariff rates that existed before and after theWT/ACC/SAM/2
Page 15
reform.  It will be seen that the old rates ranged from 0-60 per cent with eight categories but that the
rates now range from 0-20 per cent with only four categories.
Tariff Rates, Reformed Range
old rates 1998/99 rates 1999/2000 rates
max 60 per cent
50 per cent
35 per cent20 per cent
15 per cent
10 per cent
5 per cent
0 per cent20 per cent
20 per cent
15 per cent15 per cent
10 per cent
10 per cent
5 per cent
0 per cent20 per cent
10 per cent
5 per cent
0 per cent
The current rates are zero on basic foodstuffs; 5 per cent on other foodstuff and essential
commodities; 10 per cent on fresh, chilled or frozen beef etc, and on intermediate goods including raw
materials and some plants and machinery; and 20 per cent on finished goods, finished articles, motor
vehicles, some plant and machinery.
In a very few cases, rates are not expressed in ad valorem terms and other methods are used,
for example, compound, alternative or specific rates.  For details, see the tariff.
(c) Tariff quotas, tariff exemptions
There are no tariff quotas.
The Second Schedule in the Tariff makes provision for the granting of certain tariff
exemptions.  Most of these follow standard international practice and relate, e.g. to imports for
diplomatic missions.  A few relate to inputs for Samoan industry, e.g. equipment for fishing boats.Exemptions are applied on a most-favoured-nation basis and do not favour imports from particular
countries.
(d) Other duties and charges, specifying any charges for services rendered
Samoa does not levy any “other duties and charges” in the sense of Article II 1(b) of
GATT 1994.
Fees are charged by Customs for the performance of services rendered. It should be noted that
these fees correspond to the cost of the service and are expressed in specific terms. Copies have been
supplied to the Secretariat.
(e) (f) Quantitative import restrictions, including prohibitions, quotas and licensing systems; import
licensing procedures
Prohibited imports are: indecent articles, publications, films and videos; goods that infringe
trademark and copyright laws: counterfeit coins and bank notes; narcotics; and toxic and hazardous
wastes.
A permit is required to import arms and ammunition.  For safety reasons, individuals must
obtain a permit if they wish to import right hand drive cars or cars over 10 years old.WT/ACC/SAM/2
Page 16
Commodities subject to compliance with the requirements of specific legislation include
insecticides, pesticides, plants and plant products, and animals and animal products (see section on
sanitary and phytosanitary measures below).
Under Section 49 of the Customs Act of 1977 other items may be placed under prohibition or
restriction in the interest of the country or for national security purposes.
(g) Other border measures
Samoa does not maintain any other measures that have effects similar to those of the
measures referred to in the above sections.
(h) Customs valuation
Until recently, the Samoan valuation system was based on the Brussels definition of value
concept and principles.  The Customs Act of 1977 has now been amended and regulations adopted
which are based on the WTO Customs Valuation Agreement.  Copies of these have been supplied tothe WTO Secretariat.
A major strengthening of the Samoan Customs has recently been undertaken with assistance
from Australia and UNCTAD.  The introduction of the ASYCUDA system has facilitated the proper
implementation of the valuation system.  Customs procedures have been simplified and speeded up,
for instance by the use of computerization and of a single administrative document for customsclearance
The Government will provide a response to the questionnaire on customs valuation to the
Working Party.  It also intends to introduce new legi slation in order to bring its system fully into line
with WTO requirements.
(i) Other customs formalities
Samoa is not a member of the World Customs Organization but in practice bases its customs
formalities on international practice, such as codified in the Kyoto Convention.
For recent strengthening, simplification and acceleration of customs formalities, see customs
valuation above.
(j) Pre-shipment inspection
The Samoan Government does not use the services of pre-shipment companies and has no
plans to do so.
(k) Application of internal taxes on imports
Imported goods are subject to a Value Added Goods and Services Tax (VAGST) of 10 per
cent, which is also applied to domestic goods.  All businesses are required to register with the Inland
Revenue Department for VAGST. This self-assessment system is similar to that operated in many
other countries.  However, businesses with an annual turnover of less than SAT 52,000 are exemptedfrom registering and lodging VAGST returns. All primary producers are also exempted from VAGST.
A limited number of commodities are also subject to excise taxes which is equally applied to
imported and domestically produced goods.  These are tobacco and alcohol products; domesticWT/ACC/SAM/2
Page 17
appliances; passenger motor cars with an engine capacity of more than 2000 cc; and motor spirits and
automotive diesel fuel.  For details of the rates, see Customs Tariff supplied to WTO Secretariat.
(l) Rules of origin
Samoa does not require rules of origin because its trade measures do not discriminate between
goods of different origins.
(m) Anti-dumping duties
Section 9 of the Customs Tariff Act of 1975 authorizes the government to impose anti-
dumping duties.  These provisions are not in line with the WTO Anti-dumping Agreement but have
never been implemented and the government has no plans to use these provisions.
(n) (o) Countervailing duty regime and safeguards
No countervailing or safeguard provisions exist in Samoan law and Samoa has no plans to use
such measures.
2. Export Regulation
(a) Registration requirements for engaging in exporting
Exporters require a business licence in the same way as other businesses.  See Section II 2 (d)
foreign and domestic investment policies above.
(b) Customs tariff nomenclature, types of duties, duty rates, weighted averages of rates
There are no duties imposed on exports.
(c) Quantitative export restrictions, including prohibitions, quotas and licensing systems
The export of raw logs, and live coral are prohibited for environmental reasons.  The export
of kava planting material is also banned.  Samoan antiquities must be offered for sale before they are
exported.
(d) Export licensing procedures
Samoa has no export licensing procedures but exporters are required to report the ‘fob’ value
of their exports to the Central Bank for statistical purposes, prior to exportation.
(e) Other measures, e.g. minimum export prices, voluntary export restrictions, orderly marketing
arrangements
There are none imposed on Samoan exports
(f) Export financing, subsidy and promotion policies
The export financing facility has been abolished and exporters have been given the
responsibility of promoting and financing their own exports.
(g) Export performance requirements
No export performance requirements exist in Samoa.WT/ACC/SAM/2
Page 18
(h) Import duty drawback schemes
Exporters are eligible to apply for a duty drawback from the Customs Department.  The
procedures for this ensure that no more duty is reimbursed than was actually paid.
3. Internal Policies affecting foreign trade in goods
(a) Industrial policy, including subsidy policies
Samoa does not have industrial policies, other than those described in the sections on
investment policies above and free zones below.
(b) Technical regulations and standards, including measures taken at the border with respect to
imports
Samoa is a least-developed country and does not have the means to maintain technical
regulations or standards.  The sale of goods is a private contractual matter between the buyer and
seller.
(c) Sanitary and phytosanitary measures, including measures taken with respect to imports
Samoa’s isolated position in the South Pacific has kept it free of many pests.  It is a least-
developed country, which does not have the resources to cope with outbreaks of disease such as the
Taro leaf blight which was introduced from abroad and which devastated the crop in 1993.  Taro (a
root vegetable) used to be one of Samoa’s main foreign exchange earners, but production has still notrecovered.  Samoa’s sanitary and phytosanitary policies must be designed to preserve its current
favourable status, which is one of its few natural resources.
The legislative basis for Samoa’s measures in this area dates in the main  from the colonial
era.  The main laws and regulations are: the Agriculture, Forests and Fisheries Ordinance 1959, the
Plants and Soils Importation (Disease Control) Ordinance 1950 and Regulations 1951 and Guidelinesfor Pesticide Registration and Import Permits 1991.  These are administered by the Ministry of
Agriculture, Forests, Fisheries and Meteorology.  The Food and Drugs Act dates from 1967 and is
administered by the Health Department.  Samoa recognizes that its legislation needs updating and that
its institutions need strengthening to meet WTO re quirements.  It is already taking steps in this
direction but will not be able to complete the job without significant external assistance.
Under the legislation relating to plants, the following are prohibited entry into Samoa unless
specifically authorised by the Director;
- all fresh fruit, susceptible vegetables and seeds covered with pulp from those areas
where harmful fruit flies (other than Bactrocera xanthodes and psidii
) are known to
exist
- all coconut plants and parts thereof
- all pineapple and related plants from Fiji and areas other than those embraced by the
South Pacific Commission
- all rice plants and parts thereof except milled for human consumption
- all citrus related plants or parts thereof except from areas known to be free from citrus
canker (Xanthomonas citri )
- all cacao plants and parts thereof from areas where Witch’s Broom Disease
(Morasmium fernicious ) or Swollen Shoot Virus occur
- all rubber plants and parts thereof from areas where the American leaf disease
(Dothiella ulei) occurs, and from other areas only in the form of seed or budwoodWT/ACC/SAM/2
Page 19
- all plants of the genus Musa (bananas or related plants) from areas where Panama
disease (Fusarium oxisporum  var. cubense ) or Banchytop Virus Disease occur
- all sugar-cane plants or parts thereof
- all coffee plants from areas where coffee bean borer/stephenoderes coffeae exists or
where Blackwood disease (Thielaviopsis Neocaledoniae ) is know to occur
- all Alocasia or Colocasia plant species or related plants except as Tissue Culture
material under special permit for research purposes
- all yam, cassava or any root crop or vegetable considered by the Director it’s
importation may introduce a disease /pest likel y to cause injury to plants of economic
potential in Samoa
- no hay, chaff, grain husks or leaves shall be imported into the country as packing or
bedding material and all other packing or bedding material shall be subject tofumigation on arrival, at the expense of the importer
Other plants or parts thereof, intended for gr owing, sowing or propagation, or any animal feed
grain or grain derivatives can only be imported if a permit has first been obtained from the Director of
Agriculture.  All plants and plant material offered for entry into Samoa must be accompanied by a
certificate issued by a competent authority of the c ountry of origin.  This should list the contents of
the shipment, their locality and type of treatment,  if any, and should state that the plant material
covered by the certificate has been examined and found (to the best of the authority’s knowledge) to
be free from injurious pests and diseases. The original of this certificate must be presented to the
inspector of the Department of Agriculture upon or before the arrival of the shipment at the port of
entry.  All plants and plant materials offered for entry into Samoa are subject to examination by anauthorized inspector.  If any such  consignment is found not to comply with the relevant provisions, it
may be seized and disposed of.  All costs incurred to such disposition, other than the services of the
inspector shall be borne by the importer.
Before any pesticide can be imported or sold in Samoa, it must be registered by the Pesticides
Committee and the importer must obtain from the Registrar a permit to import the pesticide.  Certaindefined pesticides are prohibited under the Food and Agriculture Organization/United Nations
Environment Program’s.  Pesticides must be labelled using the World Health Organization
recommended classification of pesticides by the degree of hazard that they present.  The text of the
relevant guidelines and a list of the banned pesticides have been deposited with the WTO Secretariat.
A permit from the Director of Agriculture is also required for imports of all livestock
materials.  Applications for permits should includ e the following information- breed, colour, age of
imported livestock plus the address of exporter.
The Quarantine Advisory Committee and the Principal Veterinarian make recommendations
to the Director on the issuance of import licenses for plants and plant products and animals and animal
products.  These are based on an analysis of the risks involved.  Samoa will accept imports if the
originate in areas free from problems and relies on the cooperation of other countries which supply
information on the outbreak of disease.  Samoa has also concluded a number of agreements with someother countries on the conditions under which it will accept imports.
All export shipments must carry a health certificate issued by the Ministry of Agriculture;
Quarantine Service Samoa.  These certificates are issued at the point of exit at the airport or seaport
but prior notification of the quarantine service must be made in order to ensure that an efficient
inspection and certification process is carried out.
Fees for SPS procedures on imported products are low and reflect the cost of the service
rendered.WT/ACC/SAM/2
Page 20
A lack of resources has meant that Samoa is not a member of the Codex Alimentarius
Commission, of the International Office of Epizootics, nor of the International Plant Protection
Convention.  Its interests are, however, represented by the delegation from another country in the
region.  It is, however, a member of the Pacific Plant Protection Organization.  The South Pacific
Community collects information on pests from relevant international organizations and transmits thisto the Samoan authorities.  This information is used as a basis for its SPS measures.
(d) Trade related investment measures
Refer to the Investment policies section
(e) State-trading practices
In the past there were State Marketing Boards such as the Cocoa and Copra boards but both
were abolished in 1990.
Section II 2 (a) above lists public corporations and enterprises currently wholly or partially
owned by the state.  Some of these trade in goods but none are state trading enterprises in the sense of
the Uruguay Round Understanding of Article XVII of the GATT 1994.  None of these have been
granted a monopoly or any special privileges that would enable them to influence imports or exports.
However, in 1998 one private company was grante d an exclusive five-year contract to supply
and distribute oil and petroleum products, following an open competitive tendering process whichinvolved the assessment and evaluation of four tenders.  This arrangement was necessary because of
the very small size of the Samoan market.  It does not constitute a quantitative restriction as no
limitation exists on the amount of oil and petroleum products that can be imported.
(f) (g) Free zones and free economic zones
There are two industrial parks situated about five kilometres east and west from Apia.
Application for land leases should be made to Sa moa Land Corporation.  Businesses locating in these
parks are exempt from payment of import duties on their inputs and from company taxes.
(h) Trade-related environmental measures
The Lands and Environment Act 1989 governs the protection, management and conservation
of the environment.  Under the Act, restrictions can be imposed on the import of certain goods, thatare proved to have impacted negatively on the environment.  It is the Government’s intention to use
its powers under the Act only implement internationally agreed conventions
Samoa’s national country program, submitted to the Executive Council of the Montreal
Protocol in March 1997, foresees that its cons umption of controlled ODSs (mainly CFCs) will be
phased out by 2010 and of methyl chloride by the year 2015. Government restrictions on imports of
controlled ODSs and equipment run on only CFCs are one of the elements in this policy.  To
complement these restrictions, industry will in itiate support for new systems and alternative
refrigerants.
The Wild Animals Regulations 1993, promulgated under the Animals Ordinance of 1960 as
amended in 1972 and 1989, prevents the unauthorised removal of any bird from Samoa without
written authority from the Minister of Agriculture.  These provisions complement prohibitions on
local hunting and collecting of protected species.WT/ACC/SAM/2
Page 21
Trade in indigenous species of flora and fauna will be addressed in the biodiversity strategy
now being prepared with assistance from UNDP.  This will also examine Samoa's intellectual rights
with regard to species endemic to Samoa but which other countries may want to import.
(i) Mixing regulations
Samoa does not have any mixing regulations referred to in Article III:7 of GATT 1994.
(j) Government mandated counter-trade and barter
The Samoan Government has no mandated counter trade or barter
(k) Trade agreements leading to country-specific quotas allocation
None.
(l) Government procurement practices, including general legal regime and procedures for
tendering, dealing with tenders and award of contracts
The Treasury Stores facilitates procurement of all government requirements.  The goods are
provided by local suppliers unless such goods are more effectively supplied by an overseas supplier.
Contracts over SAT 5,000 require three quotes from different suppliers.  The Government has
a Tenders Board that advertises and awards tenders for the provision of goods required by government
when estimated value of the contract is SAT 200,000 or more.  Contracts for goods valued at between
$200,000 and $500,000 SAT are subject to assessment by the Tenders Board.  Contracts exceedingSAT 500,000 are subject to final approval by Cabinet, following assessment by the Board.  All
tenders are advertised over a period of not less than two weeks.  Tenders are invited from known
suppliers with established financial and quality credentials.  Some of the suppliers are local
contractors, either acting alone or in partnership with overseas firms.
While this section of the Memorandum relates to goods, it should be noted that the above
requirements relate equally to services.
(m) Regulation of trade in transit
There are no restrictions on trade in transit.
4. Policies affecting foreign trade in agricultural products
(a) Imports - comprehensive description of the types of border protection maintained
Customs duties, described above, are the only type of border protection maintained.
(b) Exports - description of, and the budgetary expenditure and any revenue forgone involved in
any export subsidy measures in place
Export subsidies are no longer granted on exports.
(c) Export prohibitions and restrictions
See section on Export Regulation above.WT/ACC/SAM/2
Page 22
(d) Export credits, export credit guarantees or insurance programmes
No such schemes are available for agricultural exports (or any other exports).
(e) Internal policies - i.e. description of, and the budgetary expenditure and any revenue foregone
involved in each of the domestic support measures in place
Under its reform programme, the Government has taken steps to liberalize all sectors of the
economy and agriculture is no exception.  It has eliminated all price support policies for agricultural
products and now has only a limited number of policies specifically aimed at improving agriculture.
These are aimed, for instance, at helping farmers to adjust to open market conditions and at helping to
improve the nutrition of disadvantaged groups by improving subsistence farming.  The environmental
factor is integrated into each programme.  Specific programmes are designed, for instance, to
restructure the extension service, to strengthen sustainability through quarantine and disease/pest
control systems and to introduce new crop varieties and reforestation.  Because it is a least-developedcountry, its financial outlays are modest by international standards.  STABEX funds from the
European Union are not used to subsidize exports but for programmes related to the establishment of
plantation access roads, the facilitation of village production, and the building of an abattoir and a
heat treatment plant for fruit.
Samoa will provide the agricultural supporting tables referred to in WT/ACC/4 as soon as
possible.
5. Policies affecting foreign trade in other sectors
(a) Textiles regime
There are no policies pertaining directly to this sector.
(b) Policies affecting foreign trade in other major sectors
Samoa has none.
V. TRADE RELATED INTELLECTUAL PROPERTY REGIME
1. General
Intellectual Property Rights Protection is governed by four principal Acts administered by the
Registries Division of the Justice Department.  These four main Legislating laws are:
- Trademarks Act 1972,
- Industrial Designs Act 1972,
- Patents Act 1972, and
- Copyright Act 1998
The Trademarks Act 1972, Industrial Designs Act 1972 and the Patents Act 1972 need to be
revised in order to be consistent with the TRIPS Agreement and the Justice Department had soughtthe assistance of the WIPO in carrying these out.  On the other hand the recently enacted Copyright
Act is consistent with the TRIPS Agreement.WT/ACC/SAM/2
Page 23
On 11 October 1997, the Government of Samoa acceded to the World Intellectual Property
Organisation, (WIPO).  Following the enactment of  the Copyright Law by Parliament in June 1998,
the Justice Department is currently preparing its accession to the Berne Convention, so that the works
and rights of national authors are protected in countries that are party to the convention.
A revised schedule of fees for trademarks, industrial designs and patents registration was
effected on 1 July 1998.
2. Substantive standards of protection of intellectual property rights
(a) Copyright
The Copyright Legislation was enacted by Parliament in June 1998. It came into force on the
1 September 1998.  Works protected under the Copyright Legislation include original intellectual
creations in the Literary and Artistic Domain and in particular:
- Books, pamphlets, articles, computer programs and other writings;
- Speeches, lectures, addresses, sermons, and other oral works;
- Dramatic, dramatic-musical works, pant omimes, choreographic works and other
works created for stage productions;
- Stage productions of works mentioned in the previous item and of expressions  of
folklore that are apt for stage productions;
- Musical works with or without accompanying words;
- Audio-visual works;
- Works of architecture;
- Works of drawing, painting, sculpture, engraving, lithography, tapestry, and other
works of fine art;
- Photographic works
- Works of applied art; and
- Illustrations, maps, plans, sketches, and three dimensional works relative to
geography, topography architecture or science.
Although the works protected under the Copyrigh t Legislation are in conformity with those
protected under the TRIPS Agreement, the legislation however also extends its protection to
expressions of folklore, which is currently excluded from protection under the TRIPS Agreement.
Expression of folklore is important in most developing and least developed countries and include folk
tales, poetry, riddles, songs instrumental folk music, folk dances and plays, production of folk arts
such as drawings, paintings, carvings, sculptures, pottery, terra-cotta, mosaic, woodwork, metal ware,
jewellery, handicrafts, costumes and indigenous textiles.  The rights protected under the expression of
folklore include the protection against:
- Reproduction;
- Communication to the public by performan ce, broadcasting, distribution by cable or
other means; and
- Adaptation, translation and other transformation when such expressions are made
either for commercial purposes or outside their traditional or customary context
- The copyright legislation also accords protection to derivative works including data
bases provided that such data are in readable form and their arrangement are original
in nature.
In addition, the rights of performers, producers of sound recordings, and broadcasters or
neighbouring rights are also protected under the legislation. The related rights being protected areconsistent with those under the TRIPS Agreement.WT/ACC/SAM/2
Page 24
The protection of Copyright is not subject to any registration system and the duration of
protection is the life of the author and 75 years after his death.
In the case of works of joint authorship, the duration of protection is life and 75 years after the
death of the last surviving author.
(b) Trademarks
The legislation explicitly refers to the registration of trademarks and does not make any
specific reference to the registration of service marks.
For a trademark to be eligible for registration the following criteria are necessary:
- Distinctiveness;
- Should not cause confusion; and
- Should not be contrary to law and morality.
These criteria are consistent with those stipulated under the TRIPS Agreement.An application for registration of a mark will be advertised once in the Government owned
Savali Newspaper after it had been accepted by the Registrar of Trademarks and upon receipt of
instructions from the proprietor or the agent acting on behalf of the proprietor.  Any opposition to the
mark being advertised should be submitted to the Registrar of Trademarks within three (3) months
from the date of advertisement. The Registrar shall send a copy of notice of opposition to theapplicant, and the latter should submit a counter statement to the Registrar.  In the absence of any
opposition to a mark being accepted for registration the Registrar of Trademarks will provide the
proprietor with a Certificate of Registration evidencing the approved registration.
The duration of registration of a trademark is 14 years and is subject to renewal upon
application from time to time. Applications for rene wal of trademarks shall be made from time to time
and should be submitted within 12 months before the expiration of the duration of the last registration.
Under the TRIPS Agreement a trademark registration is valid for a period of 7 years and is renewed
indefinitely.
The trademark maybe transferred or assigned with or without the goodwill of the business and
this is consistent with the TRIPS Agreement.
An overseas trademark can be registered in Samoa provided that all evidence and
documentation relating to the overseas registration is furnished to the Registrar of Trademarks.  In
such cases the trademark being registered overseas will be granted priority and the registration carried
out locally will be registered according to the date in which the registration was effective overseas.
There is no provision under the Trademarks Act 1972 that requires the removal of a registered
trademark from the Register if it is not being use d.  Under the TRIPS Agreement there is an explicit
provision which requires the de-registration of a trademark if it is not in use for three consecutiveyears, unless such circumstances of non-use arises as a result of trade restrictions.
Geographical indications including appellations of origin are not accorded protection under
the existing Trademarks legislation.WT/ACC/SAM/2
Page 25
(c) Industrial Designs
Protection of industrial design is granted according to the following:
- The person has first fulfilled the conditions for applications;
- The person would be the first to validly claim priority for an industrial design first
applied for in another country;
- The industrial design is new; and
- The industrial design had not been made public within a period of six months
proceeding the registration.
Any two or more people or their successors in title jointly involved in the creation of the
industrial design are entitled to the right to obtain legal protection.
The person injured by the unlawful copying of a substantial part of a creation of any other
person without his consent to the filing of the application may demand that the registration betransferred to him.
The author of the industrial design is deemed to be the proprietor of the same. If another
person for good consideration creates the design then the latter shall be treated as the proprietor.
Any proprietor or person who wishes to claim priority of an earlier application filed in
another country, shall have attached in his application: a written declaration indicating the date andnumber of the earlier application; the country in which he or his predecessor in title filed such an
application; the name of the applicant; and a certified copy of the earlier application.
The Minister may in writing suspend applications by nationals of any other country, which
grants adequate reciprocity with nationals of Samoa. This condition is inconsistent with MFN
principle under the TRIPS Agreement.
Industrial design shall be protected for a period of five years from the date of application.
Renewal of registration of an industrial design may be renewed for two further consecutive periods of
five years.  Under the TRIPS Agreement the protection of an industrial design is valid for a minimum
period of ten years.
Upon the registration of the industrial design the proprietor shall be conferred with the rights
to restrain any other person from carrying out the following acts in Samoa:
- Reproduction of the industrial design in the manufacture of a product;
- Importation, offering for sale, sale and utilisation of the product reproducing the
- industrial design protected; and
- Holding of such products for the purposes of offering it for sale, for selling it, or for
utilising it.
Industrial Designs may be assigned or transmitted by succession.Joint owners of an industrial design may separately transfer their respective interest, utilise
the industrial design and exercise the rights conferred by registration.  However they may jointly grant
a licence to a third party to exploit the industrial design.
The owner of an industrial design may grant licences to other persons to use the design by
means of contract between the registered owner of the industrial design and the person or party whoWT/ACC/SAM/2
Page 26
wishes to use the design. If the licence granted is an exclusive one then the licensor shall not grant any
further licences to any other person for the use of the same design.
Any licence contracts and amendments or renewals of such licence contracts which involves
the payment of royalties abroad requires the approval of the Minister.
The proprietor of an industrial design may re nounce the registration of an industrial design by
means of a statutory declaration addressed to the Registrar of Industrial Designs.  If a licence to use
the industrial design had been recorded by the Registrar, the licensee should submit a declaration to
the Registrar indicating his consent to the renunciation, unless the licensee had expressly renounced
this licence in the licence agreement.
The Supreme Court shall declare the registration of an industrial design null and void if it
fails to comply with the conditions of protection. Any decision declaring an industrial design null and
void shall be effective from the date of registration such design.
Civil proceedings will be taken against any pers on or party that infringes an industrial design
or carries out any act which threatens to infringe the rights of the proprietor of the industrial design.
(d) Patents
These may be granted to any new inventions i.e. any new manner of manufacture, any new
method of known application, and the improvement and control of known process.
In order for patents to be conferred, the invention has to be new, should be useful, the
application should particularly describe the invention and the method by which it is best performed.
The application should disclose the best method of performing the invention which is known to the
applicant.
Inventors shall be entitled to the sole and excl usive privilege to use, sell or authorising others
to use his invention for a period of 16 years from the date of issue of a letters patent.  Letters patent
are granted by the Registrar of Patents.
Provisional certificates to protect the inventor prior to the issue of the letters patent will be
granted by the Attorney General. This provisional certificate is valid for a period of twelve months.
Patents are assigned and transmitted.
(e) Other
Geographical indications, including appellations of origin; plant varieties, non-biological
processes and microbiological processes; layout designs of integrated circuits; and undisclosed
information and trade secrets are not currently protected.
VI. TRADE RELATED SERVICES REGIME
1. General
Samoa is a least developed country and its services sector is particularly early stage of
development as until very recently the economy relied almost entirely on the production of a limitedWT/ACC/SAM/2
Page 27
number of basic crops.  With liberalization and pr ivatization, Samoa’s economy is slowly diversifying
and it is expected that the services sector will gradually assume a greater importance.
Foreign and domestic investment in the services sector is subject to the provisions affecting
investment in general, described in Section II 2 (d), above.
At present, many service sectors are subject to little if any specific regulation and it is only
gradually that the authorities will be able to determine whether further regulation is necessary.  The
Samoan authorities have identified a number of laws  and legal acts that relate to specific service
sectors.  These are summarized in Annex 3 to this Memorandum.
2. Policies affecting Trade in Services
(a) Government departments, agencies, professional  associations or other bodies with authority
or a role relevant to the conduct of service activities
The Department of Trade, Commerce and Industry is responsible for the implementation of
policies concerning services.  The initiation and revision of policies regarding trade in services is
however brought before an inter-departmental committee for open discussion. It is through this
committee that other government departments contribute to policy making.
The government departments concerned are: Department of Trade, Commerce and Industry;
Customs Department; Treasury; Central Bank; Labour Department; Attorney Generals Office and thePrime Minister's Department.
The following professional agencies and asso ciations play a role: Society of Accountants
(Public Accountants Act 1984); Law Society (Law Practitioners Act 1976); Medical Association
(Medical Practitioners Act 1975, amended 1975 and 1977); Nurses Association (Nurses Act 1969,
amended 1969 and 1981); and Dental Society (Dental Practitioners Act 1975).
Section II (2) contains a list of Enterprises w holly or partially owned by the State, several of
which a service providers.
(b) Judicial, arbitral or administrative tribunals or procedures providing for the review of, or
remedies in relation to, administrative decisions affecting trade in services
See Section III 1, for powers of the judicial branch.  Samoa has no established procedures
providing for the review of, or remedies in relation to, administrative decisions affecting trade in
services other than the normal judicial process.
(c) Provisions, including those in international agreements, concerning qualification requirements
and procedures, technical standards and licensing and/or registration requirements for the
supply of services
A number of professional and trade associations are involved in setting professional and trade
standards for the conduct of service activities in the country. These associations are; Society ofAccountants (Public Accountants Act 1984); Law Society (Law Practitioners Act 1976); Medical
Association (Medical Practitioners Act 1975, amended 1975 and 1977); Nurses Association (Nurses
Act 1969, amended 1969 and 1981); and Dental Society (Dental Practitioners Act 1975).WT/ACC/SAM/2
Page 28
(d) Provision governing the existence and operation of monopolies or exclusive service suppliers
As noted in Section IV 3(e) above relating to state trading of goods, in 1998 one private
company was granted an exclusive five-year contra ct to supply and distribute oil and petroleum
products, following an open competitive tendering process which involved the assessment and
evaluation of four tenders.  This arrangement was necessary because of the very small size of theSamoan market.
As noted in Section II 2 (a) above dealing with state owned enterprises, the Posts and
Telecommunications Department was corporatized effective 1 July 1999.  Samoa Communications
Ltd. was established and granted an exclusive licence to provide postal and telecommunications in the
country.  This initiative is aimed at improving communication services both locally and with the
outside world.
(e) Provisions relating to safeguard measures as they apply to trade in services
No provisions exist for the application of safeguard measures trade in services.
(f) (g) Provisions relating to international transfers and payments for current transactions of services;
Provisions relating to capital transactions affecting the supply of services
See Section II 2 (c) above dealing with foreign exchange and payments.
(h) Provisions governing the procurement by governmental agencies of services
See Section IV 3 (l) above dealing with trad e in goods.  The same provisions apply to
procurement of services.
(i) Provisions concerning any form of aid, grant, domestic subsidy, tax incentive or promotion
scheme affecting trade in services
There are no provisions relating to aid that affects trade in services.  Technical expertise is
provided in Samoa’s partnership agreements with New Zealand, Australia and Japan in providing
technical and advisory services as well as financial assistance concerning trade in services.
3. Market Access and National Treatment
(a) Limitations on the number of service suppliers
Outside the petroleum sector mentioned above, there are at present no horizontal or sectoral
laws or regulations limiting the number of service suppliers.
(b), (c), (e), (f), (g) Limitations on the total value of services transactions or assets; (c)
Limitations on the total number of service operations or on the total quantity of service
operations or on the total quantity of service output; (e) Restrictions on, or requirements of
specific types of legal entity through which a service may be supplied; (f) Limitations on the
participation of foreign capital; (g) Measures providing for less than the treatment accorded to
national services or service suppliers
There are at present no horizontal or sectoral laws or regulations creating such limitations or
restrictions.WT/ACC/SAM/2
Page 29
(d) Limitations on the total number of natural persons that may be employed in a particular
service sector
See Section II 2 (d) above relating to investment policies.
4. Most-Favoured-Nation Treatment
With the exception of the Pharmacy Act 1976, Samoa has not identified any measures that are
inconsistent with m.f.n. treatment.
VII. INSTITUTIONAL BASE FOR TRADE AND ECONOMIC RELATIONS WITH
THIRD COUNTRIES
1. Bilateral or plurilateral agreements relating to foreign trade in goods and trade in
services
Samoa is a member of the South Pacific Forum, which is a political grouping of the 16
independent and self-governing States of the Pa cific region. The Forum was established in August
1971 to develop collective responses to regional issues, including the economic development of the
Forum Island Countries. The 16 independent countries of the Forum are Australia, Cook Islands,
Federated States of Micronesia, Fiji, Kiribati, Nauru, New Zealand, Niue, Palau, Papua New Guinea,
Republic of the Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. The Forumis serviced by the Forum Secretariat, which is based in Suva Fiji.  The Forum Secretariat plays a
central role in providing effective policy advice, program co-ordination and advocacy on issues within
their mandate.
The Forum has dialogue partnerships with Canada, People's Republic of China, European
Union, France, Japan, the Republic of Korea, Malaysia, the United Kingdom, and the United States.Through the dialogue, economic issues and activities to advance the economic development of the
region, are also discussed and explored with the Forum dialogue partners.
There are two South-Pacific Trade Commission offices established in Sydney, Australia and
Auckland, New Zealand respectively which assist with export development and the promotion of
foreign investment tourism and cost effective im port procurement for Forum Island Countries. Samoa
has benefited from their programs to generate private sector activities and investment in Forum Island
Countries.  The South Pacific Economic Exchange Support Centre ( also known as the Pacific Islands
Centre) Centre) opened in Tokyo, Japan on 1 October 1996 following an agreement between the
Government of Japan and the South Pacific Forum Secretariat at Majuro in September 1996. The
Centre is hosted by the Government of Japan operating in conjunction with the Forum Secretariat.
The Centre promotes trade and investment links between Japan and Samoa and encourages Japanese
tourism to the Pacific region.
The Long Term Regional Sugar Agreement is one of the region's most effective and long-
standing examples of trade co-operation.  Forum Island Country parties to the Agreement are Fiji,
Kiribati, Solomon Islands, Tonga, Tuvalu and Samoa.  The Agreement, sets prices and quantities for
sales of sugar by Fiji to the other parties.  The parties to the Agreement agree that all sugar bought
under the Agreement shall be used only in the Island importing countries and shall not be re-exported,(apart from Samoa's traditional supply of sugar to Tokelau).  The quantities specified are only
indicative and do not constitute obligations either to buy or to sell – in some years, for instance, Fiji
has not been able to provide the specified quantities.   In the past the Agreement has traditionally beenWT/ACC/SAM/2
Page 30
negotiated for a term of three years at a time, with a review and extension at the end of that period.
The Secretariat to the Agreement is the Forum Secretariat.
Samoa is a member of the Asia Development Bank (ADB).
Samoa is a State Party to the Fourth Lome Convention that links 70 countries in Africa, the
Caribbean and the Pacific (ACP) to the 15 European Union Member States. The fourth LomeConvention (1990-2000) was signed in December 1989 and is of great significance to the 8 member
Pacific ACP States in terms of expanding their exports as well as deriving development assistance. As
far as trade is concerned, the ACP countries benefit in that almost all of their exports have free access
to the European market without reciprocity being required of them.
Samoa is a member of the British Commonwealth. Today it encompasses 53 sovereign
nations and some 1.7 billion people, making up almo st one-third of the world's population. After the
United Nations, the Commonwealth is the largest global multilateral organisation. The total trade ofCommonwealth countries now constitutes 20 per cent of global trade and the trend is rising. The
Commonwealth Secretariat is based in London, United Kingdom.
In March 1997, Samoa concluded a bilateral trade agreement with the People’s Republic of
China under which the two parties grant each other most-favoured-nation treatment regarding trade in
goods.
2. Economic integration, customs union and free-trade area agreements
The South Pacific Regional Trade and Ec onomic Co-operation Agreement (SPARTECA)
between Australia and New Zealand on the one hand, and Forum Island Countries on the other, came
into force on 1 January 1981.  The current members of SPARTECA are Australia, New Zealand, the
Cook Islands, the Federated States of Micronesia, Fiji, Kiribati, Marshall Islands, Nauru, Niue, Papua
New Guinea, Solomon Islands, Tonga, Tuvalu, Vanuatu and Samoa.  SPARTECA has been notified
to WTO by participating Members of WTO.
The Agreement is a preferential non-reciprocal trade agreement that seeks to promote and
accelerate development of the Forum Island Countries through the promotion of economic, industrial,
agricultural and technical co-operation among them.  Under the Agreement, the two developednations of the region, Australia and New Zealand, offer duty free, unrestricted or concessionary access
for virtually all products originating from the developing island member countries of the Forum.  At
present all exports from the Forum Island Countries to Australia and New Zealand enter under
SPARTECA.
3. Labour markets integration agreements
Close historical ties exist between New Zealand and Samoa.  These are reflected in a Treaty
of Friendship signed between the two countries in 1962 and the special immigration quota established
in a bilateral agreement of 1970, under which a specified number of Samoans were permitted to take
up permanent residency in New Zealand.  This number is set annually but has been set at 1,100 each
year since the early 1980s.  Applicants must be between the ages of 18 and 45 years, must have an
acceptable offer of employment in New Zealand, and must meet standard residential screening
procedures which includes health and character requirements.  Accompanying dependants are countedagainst the Quota.  Under New Zealand's Citizens hip (Western Samoa) Act of 1982, Samoans who are
granted permanent residency in New Zealand may immediately apply on arrival in New Zealand for
citizenship, that is, they are not required to fulfil the normal residential requirement as a condition of
citizenship.WT/ACC/SAM/2
Page 31
4. Multilateral economic cooperation, membership in the multilateral economic
organizations, trade related programmes of other multilateral organizations
Samoa is a member of the following multilateral economic organisations or related
programmes:
- The International Bank for Reconstruction and Development (IBRD/World Bank)
- International Development Association (IDA)
- International Finance Corporation (IFC)
- International Monetary Fund (IMF)
Samoa takes part in a number of the economic programmes of the United Nations.
It is a member of the Economic and Social Commission for Asia and the Pacific (ESCAP )
which was established by the United Nations Ec onomic and Social Council (ECOSOC). Its purpose is
to facilitate concerted action for the economic development (including its social aspects) of Asia andthe Pacific, and to maintain and strengthen the eco nomic relations within these countries and with the
outside world.  The ESCAP Paci fic Operations Centre (ESCAP/POC) based in Port Vila, Vanuatu
provides technical assistance and advisory services to the Pacific region.
The Asian Productivity Organisation (APO) is an intergovernmental regional organisation
established in 1961.  APO membership is open to  all Asian and Pacific Governments that are
members of the Economic and Social Council for Asia and the Pacific (ESCAP) of the United
Nations. Its objective is to increase productivity by mutual co-operation, and consequently accelerate
economic development in the Asian region.  It is of a non-political, non-profit making and non-
discriminatory nature. While Samoa is not a member of the APO, taken it has taken part in certain of
its projects and has benefited from its technical assistance program.  Many of APO’s training coursesand seminars have been held in the area of industry and small business development.
Samoa participates in the work of the United Nations Conference on Trade and Development
(UNCTAD), whose principal aim is to maximise the trade and development opportunities of
developing countries.  Samoa has participated in UNCTAD expert meetings and workshops on trade
issues and initiatives.
The objective of the International Trade Centre UNCTAD/WTO is to provide export
development and trade promotion assistance to developing countries.  Samoa has been included in
various activities and regional projects aimed at the promotion and restructuring of export investments
and export finance. One example being the updating of system design and strengthening of
management skills in the financial sector.  Much of the assistance to Samoa has been in the nature of
training opportunities and workshops in the areas of export credit finance, guarantees and insurance.
Samoa is a member of the Food and Agriculture Organisation (FAO) which was established
in 1945.  The Organisation has several trade-related schemes which have benefited Samoa in one way
or another.  Trade is identified as an area in the Pacific where FAO’s assistance is required to access
the impact of the Uruguay Round on domestic policies and market opportunities.  One of the main
programmes has been its Technical Co-operati on among Developing Count ries (TCDC) program.
Five member countries in the South Pacific participate in this program – namely Cook Islands, Fiji,Samoa, Tonga and Vanuatu.
While Samoa is not a member of the United Nations Industrial Development Organisation
(UNIDO), which is dedicated to promoting sustainable industrial development in countries with
developing and transitional economies, it has benefi ted from various UNIDO programmes such as itsWT/ACC/SAM/2
Page 32
programme for the least developed countries and its special programme for the industrial development
of Asia and the Pacific.
_______________WT/ACC/SAM/2
Page 33
ANNEX 1
STATISTICS
1. Foreign Trade Statistics for Goods and Services; Responsible Agencies
Foreign Trade Statistics for Goods and Services are published by the Central Bank of Samoa.
2. Publications related to Statistics
Central Bank of Samoa Quarterly Economic Bulletin
Central Bank of Samoa Monthly Foreign Trade Report
3. Statistical Data
(a) Main Economic Indicators
(i) Annual Real GDP
(SAT  Million)
At constant 1994 prices 1995/96 1996/97 1997/98
Agriculture 79.72 69.06 67.81
Fishing 22.02 26.64 33.93
Food & Beverages Manufacturing 28.28 29.5 22.3
Other Manufacturing 70.62 64.37 56.81Construction 36.86 39.53 37.20
Electricity 14.29 14.72 14.52
Commerce 72.96 79.56 86.98
Hotels, Restaurants 13.24 12.66 12.69
Transport, Communication 57.38 59.65 65.88
Public Administration 50.07 54.71 57.96
Finance & Business Services 32.74 34.94 36.91Ownership of dwellings 20.81 21.23 21.65
Personal & Other Services 39.57 40.25 40.94
Less: Enterprise share of FISIM 2.84 2.86 3.15
Real GDP 535.72 543.96 552.43
Source: Treasury Department estimates
(ii) Government Budget Expenditure
1995/96
$1996/97
$1997/98
$1998/99
$
Revenues
Ordinary Revenues 193,501,912 218,481,149 234,635,706 248,003,800
External Grants 85,046,512 66,322,818 60,501,675 84,136,406
Stabex 3,428,303 3,600,000 0 932,628
Total Revenues & Grants 281,976,727 288,403,967 295,137,381 333,072,834
less Current Expenditures
Statutory Expenditures 19,216,490 23,890,665 28,981,317 29,623,595
Expenditure Programs 182,429,930 196,014,049 205,060,271 224,415,550
Total Expenditures 201,646,420 219,904,714 234,041,588 254,039,145WT/ACC/SAM/2
Page 34
1995/96
$1996/97
$1997/98
$1998/99
$
less Development Expenditures
Loan financed project
expenditures16,300,813 22,273,746 15,784,694 5,322,924
Grant financed project
expenditures85,046,512 66,322,818 60,501,675 84,136,406
Stabex Grant financedexpenditures 3,428,303 3,600,000 0 932,628
Total Development
Expenditures104,775,628 92,196,564 76,286,369 90,391,958
Overall Surplus(Deficit) -24,445,321 -23,697,311 -15,190,576 -11,358,269
Financed by:
Soft loans to finance projects 16,300,813 22,273,746 15,784,694 5,322,924
Domestic borrowings 8,500,000 2,100,000 8,000,000
Cash Surplus(Deficit) after borrowing 355,492 676,435 594,118 1,964,655
(iii) Production and Consumption of Basic Goods
Indicators of Industrial Production  (Volume indices 1997 = 100)
Products Weights 1996 1997 1998
Beer 0.22 115.5 100.0 102.2Electricity 0.17 93.0 100.0 100.4
Soft Drinks 0.13 95.7 100.0 106.6
Coconut Oil 0.11 163.9 100.0 50.9
Cigarettes 0.09 112.3 100.0 100.5
Timber 0.06 90.2 100.0 114.0
Coconut Cream 0.04 108.2 100.0 91.7
Miscellaneous Products (1) 0.04 145.8 100.0 118.0Ready-Mix Cement 0.04 73.7 100.0 108.7
Concrete Blocks 0.04 97.0 100.0 98.1
Paints 0.02 98.1 100.0 84.8
Ice-Cream 0.02 99.6 100.0 88.8
Roofing Iron 0.01 63.0 100.0 75.9Corned Meat 0.01 74.1 100.0 54.4
Total 1.00 109.5 100.0 96.3
% change over the previous period 11.5 -8.7 -0.3
Memorandum Item:
Production Value (Tala Million) 83.4 80.4 78.7
% change over the previous period 8.5 -3.6 2.1
Price Index 1997 =100 94.7 100.0 102.4
% change over the previous period -2.8 5.6 2.4
Source: Central Bank of Samoa
(1) Comprised of copra meal, soap, to ilet tissue, tobacco and salted beef.WT/ACC/SAM/2
Page 35
Indicators of Agricultural Produ ction (Volume indices 1982 =100)
Description Weights 1993 1994 1995 1996
Copra 0.4 0.0 0.2 36.2 39.2
Taro 0.29 190.2 61.3 70.5 63.5Fish 0.12 51.3 55.1 60.9 172.1
Bananas 0.06 42.1 64.1 71.9 67.3
Cocoa 0.05 0.0 0.0 0.9 1.8
Beef 0.04 174.6 142.4 111.9 115.3
Pork 0.02 331.3 337.5 350.0 387.5
Passion fruit 0.01 0.0 0.0 0.0 0.0
Poultry 0.01 26.7 26.7 26.7 26.7Weighted index of agricultural
production1.00 77.7 41.0 58.3 71.5
% change over the previous period 5.3 -47.2 42.2 22.6
Memorandum items:
Production value (in Tala million) 41.5 47.2 60.3 96.1% change over the previous period -17.4 13.8 27.8 59.4
Source: CBS (based on Agricultural Survey results)
Fugalei Market Survey
Description 1996 1997 1998
(Quantity supplied in pounds)
Taro 621 995 1387
Banana 25246 13543 13679Taamu 19406 12104 16956
Coconut 14073 13061 15826
Head Cabbage 2188 2234 1963
Tomatoes 1320 1497 684
Chinese Cabbage 873 785 685
Cucumber 3116 3137 2126
Pumpkin 2273 4731 5725
Weighted Average Prices (Tala/pound)
Taro 2.02 2.84 2.85
Banana 0.26 0.45 0.41
Taamu 0.52 0.88 0.71
Coconut 0.16 0.14 0.12Head Cabbage 1.38 1.77 1.67
Tomatoes 1.75 2.04 2.12
Chinese Cabbage 1.06 1.35 1.19
Cucumber 0.46 0.57 0.76
Pumpkin 0.73 0.74 0.62
Overall Indices (July '93-June '94)
Quantity Supplied 116 87 94
Average Retail Price 121 151 132WT/ACC/SAM/2
Page 36
Total Consumption at constant 1994 Prices
(SAT  Million)
1995 1996 1997 1998
Real GDP 504.37 535.67 543.96 552.42Import of Goods 228.041 243.724 127.536 n/a
Net Services 77.57 101.03 89.55 98.11
Total Consumption 809.981 880.424 761.046 650.53
Source: CBS
Note: the 1997 figure for Import of Goods reflects the first 6 months period
(iv) Annual Changes in Prices (Base Year – 1980)
Month All Group
IndexOver
Previous
MonthPercentage
Change
Over a Year
earlierLast 12
months
over previous
12 months
(Annual
Average)
1996 January 367.0 1.7 4.3 -2.4
February 362.4 -1.3 3.9 -1.5
March 371.6 2.5 5.8 -0.5
April 370.4 -0.3 4.6 0.1
May 369.0 -0.4 3.2 0.7June 371.6 0.7 4.3 1.3
July 379.7 2.2 7.8 2.2
August 366.4 -3.5 4.4 3.2
September 376.7 2.8 5.0 3.6
October 376.5 -0.1 7.7 4.3November 375.8 -0.2 7.8 5.0
December 381.1 1.4 5.7 5.4
1997 January 394.5 3.5 7.5 5.6
February 392.9 -0.4 8.4 6.0
March 387.2 -1.5 4.2 5.9April 390.6 0.9 5.5 6.0
May 391.8 0.3 6.2 6.2
June 398.2 1.6 7.2 6.4
July 418.1 5.0 10.1 6.6
August 410.3 -1.9 12.0 7.3
September 398.2 -2.9 5.7 7.3
October 396.9 -0.3 5.4 7.1November 400.1 0.8 6.5 7.0
December 396.0 -1.0 3.9 6.9
1998 January 399.7 0.9 1.3 6.3
February 397.7 -0.5 1.2 5.7
March 405.4 1.9 4.7 5.8April 410.1 1.2 5.0 5.7
May 414.6 1.1 5.8 5.7
June 414.4 0.0 4.1 5.4
July 420.0 1.4 0.5 4.6
August 403.0 -4.1 -1.8 3.5WT/ACC/SAM/2
Page 37
Month All Group
IndexOver
Previous
MonthPercentage
Change
Over a Year
earlierLast 12
months
over previous
12 months
(Annual
Average)
September 403.9 0.2 1.4 3.1
October 402.6 -0.3 1.4 2.8
November 405.1 0.6 1.2 2.4
December 404.9 -0.1 2.2 2.2
Source: Department of Statistics
(v) Employment in different sectors
Broad Industry Classification No. of Registered Percentage
Businesses (%)
Manufacture of Food Beverages & Tobacco 29 1.9
Other Manufacturing 45 2.9
Construction 117 7.7
Vehicle Sale & Repair & Fuel 73 4.8
Wholesale Trade 24 1.6Retail Trade 717 46.9
Hotels & Restaurants 98 6.4
Transport & Communications 98 6.4
Services- businesses/legal/accounting/medical etc 145 9.5
Other Industries 182
11.9
Total Number of Registered Businesses 1528 100.0
(vi) Levels of Employment
Number of Employees Number of Percentage (%)
Businesses
More than five employees 262 17
Five employees or less 354 23no employees or self employed 912 60
Total Number of Businesses 1528 100
Source: Trade, Commerce and Industry (1998)
Public Administration & Education 10406WT/ACC/SAM/2
Page 38
(vii) Balance of Payments
(SAT  Million)
Period 1994 1995 1996 1997 1998
CURRENT ACCOUNT, NET -48.41 -41.57 -27.37 -21.70 -17.53A) Goods, Services & Income, net -132.24 -128.81 -117.86 -129.23 -127.43
1. Merchandise trade, net (1) -194.04 -206.38 -218.89 -218.78 -225.54
    Exports, f.o.b. 8.92 21.67 24.83 37.45 60.13
    Imports, c.i.f. -202.96 -228.05 -243.72 -256.23 -285.67
2. Services & Income, net 61.80 77.57 101.03 89.55 98.11
    a) Travel, net 49.95 74.97 86.94 86.11 104.75
    b) Investment Income, net -3.67 -2.57 3.30 -0.35 5.06    c) Other Services 15.52 5.17 10.79 3.79 -11.70
B) Private Transfers, net 83.83 87.24 90.49 107.53 109.90
CAPITAL ACCOUNT, NET 33.25 49.67 41.06 47.78 36.44
A)   Government, net 77.40 71.20 55.60 63.02 62.59
1. Transfer, net 60.20 61.80 55.10 66.80 65.66     Project grants 62.60 56.20 52.50 69.60 69.50
     Cash & commodity grants 4.20 11.80 7.30 3.70 0.96
     Other -6.60 -6.20 -4.70 -6.50 -4.80
2.  Loans, net 17.20 9.40 0.50 -3.78 -3.07
     Disbursements 26.00 16.00 7.90 7.52 8.20     Repayments -8.80 -6.60 -7.40 -11.30 -11.27
B)   Government guaranteed loans, net -38.20 -20.50 -13.40 -14.04 -10.53
     Disbursements 0.00 0.00 0.00 0.00 0.00
     Repayments -38.20 -20.50 -13.40 -14.04 -10.53
C)    Other, net -5.95 -1.03 -1.14 -1.20 -15.62OVERALL BALANCE = CHANGE
IN NET FOREIGN ASSETS-15.16 8.10 13.69 26.08 18.91
Memorandum item:
Valuation Change in Reserves3.18 3.07 0.53 3.61 3.32
Source: CBS
(viii) Foreign Exchange
(SAT  Million)
Period 1994 1995 1996 1997 1998
Gross International Reserves 115.2 120.7 138.2 167 184.8
Source: CBS
(b) Foreign Trade Statistics
(i) Export Statistics
During Period 1994 1995 1996 1997 1998
(SAT  000)
Coconut Oil
Volume (metric tons) 0 6782 6489 5675 2770
Value 0 8042 6825 6761 4153Unit value (Tala) 0 1186 1052 1011 1499WT/ACC/SAM/2
Page 39
During Period 1994 1995 1996 1997 1998
(SAT  000)
Fish
Volume (metric tons) 95 212 1180 2977 4408Value 257 434 2287 12327 28401
Unit value (Tala) 2710 2050 1938 4141 6443
Coconut Cream
Volume (metric tons) 1211 1380 1413 1343 1070
Value 4519 4843 4913 4772 3863
Unit value (Tala) 3732 3509 3477 3629 3610
Kava
Volume (metric tons) 36 115 72 83 223
Value 124 1436 1120 1485 5526
Unit value (Tala) 3433 12487 15657 17902 24748
Copra Meal
Volume (metric tons) 0 2624 4064 3205 1312
Value 0 364 622 542 215
Unit value (Tala) 0 139 153 169 164
Copra
Volume (metric tons) 64 2502 4659 8433 6877
Value 58 2193 4078 7882 6078
Unit value (Tala) 906 876 875 935 884
Taro
Volume (metric tons) 2 2 1 1.08 1.27
Value 158 162 98 99 125
Unit value (Tala) 64 67 92 98 98
Other exports (value)
Banana 217 655 724 474 178
Beer 1170 1129 1107 1603 2356
Cigarettes 756 697 268 0 0
Soft drinks 411 191
Timber 163 208 832 124 5Other 1210
1338 1806 1255 1590
Domestic Exports 8632 21501 24680 37735 52681Re-exports 270 173 147 131 7458
Total 8902
21674 24827 37866 60139
Percentage of Total
Total Domestic 97 99 99 100 88
Coconut Oil 0 37 27 18 7C o p r a  M e a l 02310
Copra 1 10 16 21 10T a r o 21000
Coconut Cream 51 22 20 13 6
Beer 13 5 4 4 4
C i g a r e t t e s 83100WT/ACC/SAM/2
Page 40
During Period 1994 1995 1996 1997 1998
(SAT  000)
K a v a 17549
F i s h 3 2 93 34 7
O t h e r 1 46733Re-exports 3
1 1 0 12
96 96 94 97 99
Source: CBS
(ii) Import Statistics
Description 1994 1995 1996 1997 1998
(SAT  000, c.i.f.)
Capital Goods 23781 35359 27931 14176 17286
Transport Equipment 6856 10246 9333 4682 4470Others 16925 25113 18598 9494 12816
95 95 96 97 98
Intermediate Goods
113628 114671 123070 58826 65052
Food & Beverages
   (both primary & processed) 18729 17088 19141 8782 9578
Industrial Supplies, n.e.s.   (both primary & processed) 62213 60499 64400 29752 33670
Medical & Pharmaceutical 1086 1383 1392 723 1678
Portland Cement 3895 3988 4295 1619 2196
Timber 2119 2490 2942 1299 1181
Base Metal Material of: 13028 11633 12248 5855 6148
Iron & Steel 11855 9898 10188 5078 4577
Copper 100 72 71 29 76
Aluminium 1056 1493 1803 742 1479
Tin 5 61 63 2 1
Other metals 12 109 123 4 15
Others 36065 36785 40843 18918 21463Fuel & Lubricants (both primary &
processed)20851 23184 28733 14994 15658
Motor Spirit 6962 7575 9062 3718 6206
Others 13836 15588 19536 11163 9426
Parts & Accessories of Capital Goods: 11835 13900 10796 5298 6146For Transport Equipment 3962 5944 4007 1967 2114
For Other Capital Goods 7873 7956 6789 3331 4032
Consumption Goods
65156 78006 92714 43721 44707
Food & Beverages
(both primary & processed) 42649 50207 63277 29886 30041
Transport Equipment : 619 1192 2692 578 983
Passenger Motor Cars 339 630 1973 245 375
Other Transport Equipment 280 562 719 333 608
Consumer Goods, n.e.s : 21888 26607 26745 13257 13683
Durable 2990 7539 3365 1643 1953
Semi-durable 5881 6208 7611 3466 4161
Non-durable 13017 12860 15769 8148 7569WT/ACC/SAM/2
Page 41
Description 1994 1995 1996 1997 1998
(SAT  000, c.i.f.)
Medical & Pharmaceutical 1209 806 1614 1006 543
Others 11808 12054 14155 7142 7026
Goods not elsewhere specified 379 5 9 1 491
Total 202944 228041 243724 116724 127536
(iii) Trade by Geographical Areas (Main Trading Partners)
Direction of Exports
Percentage of Total
Period 1994 1995 1996 1997 1998
Pacific 92.6 84 77.7 72.1 54.7
New Zealand 45.5 44.2 48.1 15.6 7.3Australia 13.2 22.2 9.2 23.0 4.9
Fiji 0.8 3.1 3.0 0.8 0.8
American Samoa 19.5 9.8 15.3 32.1 40.9Others 13.6 4.7 2.1 0.6 0.8
North America
3.1 1.7 3.3 9 17.6
U.S.A. 3.1 1.7 3.3 9.0 17.6
Europe 1.2 13.8 17.3 15.1 27.2
Germany 1.2 4.3 2.9 2.1 16.9
United Kingdom - 8.0 14.4 13.0 10.0
Others - 1.5 - - 0.3
Asia 3.1 0.5 1.7 3.8 0.5
Japan 1.5 0.1 1.5 - -
Others 1.6 0.4 0.2 3.8 0.5
Total :0 100 :0 :0 100
Direction of Imports
Percentage of Total
Period 1994 1995 1996 1997 1998Pacific
70.8 71.2 75.9 74.8 74.9
New Zealand 37.3 36.6 38.3 37.9 33.9
Australia 19.9 20.9 22.1 20.7 28.8
Fiji 12.2 12.0 14.2 15.0 11.1
American Samoa 1.2 1.5 1.2 1.0 1.0
Others 0.2 0.2 0.1 0.2 0.1North America
11.6 11.9 12.8 15.6 14.2
U.S.A. 11.4 11.9 12.8 15.5 14.2Canada 0.2 - - 0.1 -WT/ACC/SAM/2
Page 42
Percentage of Total
Period 1994 1995 1996 1997 1998
Europe 2.0 1.2 2.1 1.2 1.4
Germany 1.5 1.0 1.4 0.8 1.0
United Kingdom 0.4 0.2 0.5 0.2 0.3
Others 0.1 - 0.2 0.2 0.1
Asia 15.1 15.7 8.7 8.2 9.5
Japan 9.5 10.7 3.8 4.5 4.8
Singapore 1.7 1.5 1 0.5 0.5
China 1.1 0.4 0.6 0.8 0.8Hong Kong 1.1 1.4 1.4 0.9 1.1
Taiwan 0.3 0.4 0.4 0.3 0.5
Others 1.4 1.3 1.5 1.2 1.8
Other
0.5 - 0.5 0.2 -
Total :0.0 100.0 :0.0 100.0 100.0WT/ACC/SAM/2
Page 43
ANNEX 2
LIST OF LAWS AND LEGAL ACTS2
Economic Policies
Central Bank of Samoa Act 1984Income Tax Act 1974
Income Tax Administration Act1974
Income Tax Rate Act 1974
Immigration Act 1966
Permits and Passports Act 1978
Alienation of Customary Land Act 1965
Alienation of Freehold Land 1972
Companies Act 1987Partnership Act 1975
Trustee Companies Act 1987
International Companies Act 1988
International Trusts Act 1987
International Partnerships and Limited Partnerships Act 1998Labour and Employment Amendment Act 1999
Water Act 1965
Water Authority Act 1993/94
Electric Power Corporation Act 1980
Fair Trading Act 1998
Consumer Information Act 1989
Sale of Goods Act 1975
Registration Requirements
Business Licenses Act 1998
Customs
Customs Act 1977
Customs Tariff Act 1975
Customs Amendment Act 1998
Customs Tariff Amendment Act 1998
Combined Working Tariff and Statistical Nomenclature (August 1999)
Foreign Exchange Levy Repeal Act 1998
                                                     
2 Available for consultation from the Secretariat.WT/ACC/SAM/2
Page 44
Non-tariff Measures
Petroleum Act 1984
Indecent Publications Ordinance 1960
Poisons Act 1968Arms Ordinance 1960
Samoa Antiquities Ordinance 1954
Internal Policies Affecting Trade in Goods
Value Added Goods and Services Tax Act 1992/93
Excise Tax (Domestic Administration) Act 1984Excise Tax (Import Administration) Act 1984
Excise Tax Rates Act 1984
Excise Tax Rate Amendment Act 1998
Excise Tax (Domestic Administration) Amendment Act 1998
Agricultural Policies
Agriculture, Forests and Fisheries Ordinance 1959
Plant and Soils Importation (Disease Control) Ordinance 1950 and Regulations 1951
Animals Ordinance 1960Animals (Protection of Wild Birds) Regulations 1981
Noxious Weeds Act 1961
Rhinoceros Beetle Ordinance 1954
The Bunchytop Ordinance 1965
Cocoa Disease Ordinance 1961Beverage Containers Tax Repeal Act 1998
Food and Drugs Act 1967
TRIPS
Copyright Act 1998
Trademarks Act 1972Industrial Designs Act 1972
Patents Act 1972
Services
Business Services
Law Practitioners Act 1976
Public Accountants Act 1984
Medical Practitioners Act 1975
Pharmacy Act 1976Dental Practitioners Act 1975
Communication Services
Post Office Act 1972
Telecommunications Corporation Act 1984Broadcasting Ordinance 1959
Televise Samoa Corporation Act 1994
Film Control Act 1978WT/ACC/SAM/2
Page 45
Financial Services
Banking Ordinance 1960
Offshore Banking Act 1987
Insurance Act 1976
International Insurance Act 1988Financial Institution Act 1996
Transport Services
Civil Aviation Act 1998
Shipping Act 1998WT/ACC/SAM/2
Page 46
ANNEX 3
LEGISLATON RELATING TO INDIVIDUAL SERVICES SECTORS
This Annex complements the information supplied in Section VI of this Memorandum by
summarizing the laws and legal acts that the Samo an authorities have identified as applying to
specific service sectors
I BUSINESS SERVICES
1. Professional Services
(a) Legal Services
The Law Practitioner's Act 1976
Under this Act a person is authorized to practice if he or she is a barrister or a solicitor of the
Supreme Court as well as holds a practising certificate. To qualify for admission as a barrister or as a
solicitor of the Supreme Court, one must be a Samoan citizen, have attained the age of 21, be of goodcharacter and hold a prescribed qualification. The Law Society Council determines which
qualifications are so prescribed.
(b) Accounting, Auditing and Bookkeeping Services
The Public Accountants Act 1984
Under the Act a person may practice as a public accountant if he or she becomes a member of
the Samoan Society of Accountants, holds a certificate of public practice and pays the annual fee to
the Society. Membership into the Society is open to persons who are a resident, have attained the age
of 21, are of good character and hold the prescribed qualifications, which are determined by theCouncil of the Society. The Council has to date reco gnized qualifications from professional bodies in
the following countries: Australia, Canada, Fiji, Ireland, New Zealand, Scotland, Wales and the
United Kingdom.
The Act also allows foreigners to come into Samoa and to practice for periods of up to five
years, under the discretion of the Council of the Society.
(g) Urban Planning and Landscape Architectural Services
Public Works Ordinance 1959; Public Works Amendment Act 1965
Under the Public Works Ordinance 1959, the Public Works Department is responsible for
constructing and maintaining public streets, roads, public buildings and residences for employees ofthe government, dams, bridges, and other facilities for the movement of vehicles, persons, ships or
goods.
(h) Medical and Dental Services
Medical Practitioner’s Act 1975
This Act is administered in and by the Departme nt of Health. It consolidates and amends the
law relating to medical practitioners, establishes the Medical Council, prescribes the qualificationsWT/ACC/SAM/2
Page 47
required by persons for the practice of medicine and surgery in Samoa and provides for the
registration and disciplinary control of such persons.
Anyone wishing to practice medicine or surgery in Samoa may do so upon being registered as
a medical practitioner under this Act. He or she must also hold a current practicing certificate, be ofgood character and reputation, pay the prescribed fee and give evidence that he or she possesses the
necessary practical experience required by the Medical Council in order to practice.
However, should the person wish to practice in a private capacity, he or she must also hold a
current practicing certificate endorsed by the Medical Council in addition to the requirements
stipulated above.
Provisional registration may also be granted to a person who lacks practical experience in
medicine or surgery to practice in an approved hospital, for such a period as the Medical Council shall
consider, to enable such a person to acquire the practical experience requisite for registration under
this Act.
Dental Practitioner’s Act 1975This Act is administered in and by the Department of Health. A person is eligible to practice
dentistry in Samoa if he or she is registered as a dental practitioner under this Act. He or she must also
hold a current practicing certificate, be of good character and reputation and meet such qualifications
and practical experience as prescribed by the Dental Council. Provisional registration may also begranted to a person in the same instance as in the case of medical practitioners. A person also wishing
to practice in a private capacity must hold a current practicing certificate endorsed by the Dental
Council in addition to the requirements stipulated above.
Pharmacy Act 1976It is stipulated in this Act that a person is eligible to practice pharmacy in Samoa upon having
registered as a pharmacist under this Act by the Secretary of the Pharmaceutical Committee composed
of the Director-General of Health, a pharmacist, a medical practitioner and a representative of the
public. To be registered, a person must be aged 21 or more, be of good character and reputation, and
hold a recognized qualification from a Commonwealth country.
(j) Services provided by Midwives, Nurses, Physiotherapists and Para-medical
Personnel
The Nursing Act 1969; The Nursing Amendment Act 1981
This Act is administered by the Department of Health. It makes provision for the registration
of, and other matters relating to, nurses and midwives. The Act also establishes a Board of Nursing
that regulates and controls the practice of nursing in Samoa. It approves hospitals and other
institutions for educating nurses in Samoa, to receive and examine applications for registration under
this Act as well as authorize registration in proper cases.  Qualifications entitling a person to registeras a nurse or as a midwife in Samoa are at the discretion of the Board of Nursing.
II COMMUNICATIONS SERVICES
1. Postal Services
3. Telecommunications Services
As stated in Section II 2 of this Memora ndum, the Posts and Telecommunications Department
was corporatized effective 1 July 1999. Samoa Communications Ltd. was established and granted anWT/ACC/SAM/2
Page 48
exclusive licence to provide postal and telecommunications in the country. This initiative is aimed at
improving communications services both locally and with the outside world.
4. Audiovisual Services
(c) Radio and Television Services
Broadcasting Ordinance 1959This Ordinance, which established the Broadcasting Department, states that a person is not
eligible to establish or operate a private broadcasting station except pursuant to the terms and
conditions of a licence granted by the Minister under the Act. Applications for licences shall be madeto the Minister. The broadcasting application fee is $25. In addition, there is an annual licence fee of
$100.
Televise Samoa Corporation Act 1994
This Act established the Televise Samoa Corporation. For the purposes of this Act, the
Corporation may establish, install, erect, alter, operate and maintain television broadcasting studios,
transmitters, relay stations and any other television broadcasting facilities. However, the Act does not
give the Corporation the exclusive right to provide television services in Samoa.
Films Control Act 1978
This Act established a Film Control Board in order to control the exhibition of films, the
censorship of films and matters incidental thereto. A person is eligible to exhibit films if he or she has
obtained a licence from the Film Control Board.
VII FINANCIAL SERVICES
1. Insurance Services
Insurance Act 1976
Anyone is eligible to set up or carry on any insurance business in Samoa upon having
obtained a licence from the Minister of Finance. To obtain a licence, the applicant is required to
provide information to show that the granting of a licence is in the economic interests of Samoa. He or
she must be of good repute and shall have sufficient means to carry out business dealings in a waythat an insurer in Samoa will be adequately protected.
International Insurance Act 1988This Act which provides for the regulation of persons establishing and carrying an off-shore
insurance business from within Samoa and for pur poses connected therewith. Applications for
registration to commence or carry on an off-shore insurance business shall be made to the Registrar of
International Insurance and the applicant company is required to produce evidence as to its financial
standing, share ownership, police clearances and references. Registration is renewable every twelve
months on payment of a prescribed fee that may vary depending upon the category of business carriedon.WT/ACC/SAM/2
Page 49
2. Banking Services
Financial Institutions Act 1996
This Act provides for the licensing and supervision of financial institutions in Samoa and
matters connected therewith and incidental thereto. The Central Bank in accordance with this Act may
issue licenses to financial institutions, companies or to a person that desires to commence banking
business in Samoa. To obtain this licence, one must make available to the Bank such information, and
such documentation, authenticated in such manner as the Bank may require and specify, to assist the
Bank in considering issue licenses. Upon having been granted the license, the Central Bank shall
undertake prudential supervision of licensed financial institutions.
Offshore Banking Act 1987
The Act governs the licensing of international and foreign companies registered under the
International Companies Act 1987 and other overseas companies who wish to carry on offshore
banking business from within Samoa. Amendments made to the Act in 1998 created a new post ofInspector of Offshore Banks to be responsible for the day to day regulation and supervision of
offshore banks, such responsibility being formerly discharged by the Registrar of International
Companies. The licensing and disciplinary powers continue to reside with the Minister of Finance.
Application for a licence is made through the Inspector of Offshore Banks to the Minister of Finance
who inter alia will normally require from the applicant company particulars of its financial standing,its shareholding and management and of its ultimate beneficial ownership together with independent
professional references and financial reports.
A licensee must not conduct business in the Samoan currency, must not transact any banking
business with any persons other than non residents, must not advertise or solicit banking business inSamoa and must not transact any business otherwise than in accordance with terms and conditions of
the Act.
XI. TRANSPORT SERVICES
1. Maritime Transport Services
Shipping Act 1972
This Act consolidates, amends and replaces existing Ordinances relating to shipping, ports,
and matters connected therewith. A ship having a gross tonnage of more than fifteen tons shall beregistered in accordance with this Act.  This is if it is engaged in the carriage of passengers or cargo
from any port or place in Samoa to any port within and outside Samoa and is owned by a Samoan
resident or a company incorporated in Samoa. Pr ior to obtaining registration for the ship, the ship
must be surveyed by the harbourmaster. It must supply such particulars as to what the name of ship is,
the ship’s number and date of registration, when and where the ship was built, how it is propelled, andthe name and description of registered owners.
3. Air Transport Services
Civil Aviation Act 1963
An aircraft registered under this Act shall be deemed to be a Samoa aircraft. The Minister of
Transport may issue to the owner of any aircraft a cert ificate of registration under this Act.  This is in
due course upon having received such particulars from the applicant relating to the aircraft and to theWT/ACC/SAM/2
Page 50
ownership and control thereof and with such evidence as to the truth of the statement set out in the
application, as the Minister requires.
A person may obtain an air service licence from the Minister that is renewed every two years.
He is not able to engage in scheduled air service operations within and outside Samoan territory if hisaircraft is not a Samoan aircraft, except in pursuance of an agreement or arrangement to which Samoa
and the State of registry of the aircraft are parties. However, this shall not apply to a person who
engages in scheduled international air service operations in which stops are made in Samoa for non-
traffic purposes only.WT/ACC/SAM/2
Page 51
ANNEX 4
CUSTOMS FEES AND CHARGES 1998
Legal
Ref.Description Previous Fees New Fees and
Charges in Samoan
Tala (SAT )
1. R12(1) Attendance during working hours SAT 6 per hour SAT 8 per hour
2. R13(1) Attendance outside working hours
(a) Customs Holiday
(b) Other Days
Attendance
(a) normal hours(b) outside normal hoursSAT 8 per hour
SAT 8 per hour
SAT 6 per hour
SAT 8 per hourSAT 10 per hour
SAT 10 per hour
SAT 8 per hour
SAT 10 per hour
3. R13(2) Minimum Charge between the hours of 8pm and
6am on weekdays and between any time on
Saturdays, Sundays and Public HolidaysA minimum charge
equal to 3 hours at
the applicable rates
4. R16(1) Cancellation of Entry SAT 10
5. R23A
(R22,
23)Collectors Permit SAT 25
6. R30 Personal Effects clearance without entry SAT 25
7. R33 Sight Entry $10 $25
8. R35 Exemption from Export Entry $25
9. R37 Certificate of Clearance $5 $15
10. R41 Request for ship's or aircraft stores $25
11. R47 Temporary removal of Warehouse goods $25
12. R51 Application for re-warehousing $25
13. R54 Temporary acceptance of Proforma, fax, etc.
invoices$15
14. R61 Application for refunds $6 per $500 $25 + $8 per $500
15. R62 Application for refund, faulty manufacture $6 per $500 $25 + $8 per $500
16. R63 Application for refund, damaged, etc. goods $6 per $500 $25 + $8 per $500
17. R64 Application for refund, goods diminished in
value$6 per $500 $25 + $8 per $500
18. R65 Application for refund, destroyed, pillaged or
lost goods$6 per $500 $25 + $8 per $500
or part thereof
19. R67 Application for Drawback $6 per every $500 $25 + $8 per $500
or part thereof
20. R68 Application for drawback in special cases $6 per every $500 $25 + $8 per $500
or part thereof
21. R69 Waiving of non-compliance with conditions $25 per application
22. R71 Application to re-import goods exported under
drawback$25 per application
23. R76 Approval of Agent's employees $25 per application
24. R87 Customs Agent's Licenses
(a) Individual
(b) General(c) Restricted$100
$100$100$500 per annum
$500 per annum$500 per annum
25. R85 Appeals against the decision of the Comptroller $100 per
Application
26. R88 Application for Customs Carrier $100 per
ApplicationWT/ACC/SAM/2
Page 52
Legal
Ref.Description Previous Fees New Fees and
Charges in Samoan
Tala (SAT )
27. R96 Clearance of Postal packets without entry $5 per PNDE
28. S87 Annual Warehouse Licence Fee
-  Part 1Not less than 200 tonnesNot less than 200 tonnes and less than 300
Not less than 300 tonnes and less than 400
Not less than 400 tonnes and less than 500Not less than 500 tonnes and less than 600Not less than 600 tonnes and less than 700Not less than 700 tonnes and less than 800Not less than 800 tonnes and less than 900
Not less than 900 tonnes and less than 1000
Not less than 1000 tonnes$150
$200
$250
$300$350$400$450$500
$550
$600$1,000
$1,250
$1,500
$1,750$2,000$2,250$2,500$2,750
$3,000
$3,250
29. Annual Warehouse Licence Fee
-  Part 2Not less than 200 tonnesNot less than 200 tonnes and less than 300Not less than 300 tonnes and less than 400
Not less than 400 tonnes and less than 500
Not less than 500 tonnes and less than 600Not less than 600 tonnes and less than 700Not less than 700 tonnes and less than 800Not less than 800 tonnes and less than 900Not less than 900 tonnes and less than 1000
Not less than 1000 tonnes
Note 1 Warehouse Officer Service Charge (per
annum)$60
$80$100
$120
$140$160$180$200$220
$240
$900$1,000
$1,250$1,500
$1,750
$2,000$2,250$2,500$2,750$3,000
$3,250
$1,000
30. Deferred Duty
(a) Application(b) Late payment penalty
(c) Annual Interest$25 $25
$5 per payment
10% per Annum
31. Application for temporary import $25 per Application
32. Application for a Tariff Concession $25 per Application
33. Application for a Tariff opinion $25 per commodity
per application
34. Copy of Official Document (requested by
Owner)$10 per set (up to 5
pages)
35. Application to enter a Port other than a Port of
Entry$100 per
Application
36. S29 Sufferance Wharves $100 per
Application
37. S33 Approval Fee, Customs Container base $1,000 per annum
38. S40 Application to tranship goods $25 per application
plus security
39. Request for Certificate of Landing $25 per application
40. Request for Pre-release of Goods $25
41. Duty Free Shop Licence $1,000
42. Duty Free Shop Supervision As per standard
rates or $500 perannum or as may bedetermined by theComptrollerWT/ACC/SAM/2
Page 53
Legal
Ref.Description Previous Fees New Fees and
Charges in Samoan
Tala (SAT )
43. S90 Transfer of Warehouse Licence $200 per
Application
44. S94 Approval for Structural Alteration of Warehouse $200 per
Application
45. S100 Repacking of Warehouse Goods $25 per Application
46. S112 Request for Constructive Warehousing $25 per Application
47. S132 Assessment of goods for duty Purposes $25 per Application
48. Application for Export of goods for Repair and
Return$25 per Application
49. S158 Request for refund of duty on forfeited goods $25 per Application
50. Baggage Sufferance.  AWB/PNDE Release $5 per Application
51. Courier Releases (After Normal Working Hours) $25 per Release
52. Application for Bonded Areas $500 per Year plus
security and servicecharges at standardrates or as may bedetermined by the
Comptroller
53. Other Service Approvals At a rate to be fixed
by the Comptroller
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