Samoa Perfil del Miembro
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Examen de las políticas comerciales
Último Examen de las Políticas Comerciales (Informe de la Secretaría de la OMC) WT/TPR/S/386/Rev.1
A. Importación prohibiciones, restricciones y licencias de importación
3.22.
In general, Samoa's imports prohibitions and restrictions regime seeks to address health, environmental, and safety concerns.
3.23.
Under the Customs Act, 2014, Samoa prohibits the importation of counterfeit coins and bank notes, to prevent counterfeiting; and pornographic articles, publications, films, and videos, to protect public morals. Under the Act, the Minister responsible for customs issues, on the advice of the Comptroller, may issue an order prohibiting imports of any specified goods or class of goods for the sake of public interest.
3.24.
Pursuant to the Customs (Prohibited Imports) Amendment Order (No. 3), prohibitions apply to motor vehicles older than 10 years (previously 12 years), for environmental and safety purposes; and left-hand drive vehicles, to ensure traffic safety. However, exemptions are granted monthly to the importation of 100 private vehicles, pick-up trucks, and some special purpose vehicles.
3.25.
In addition, Samoa prohibits the importation of 48-can sized cartons of tinned fish. In accordance with the Bee and Bee Products Prohibition Order, 1999, an import prohibition applies to bees and bee products; according to the authorities, the purpose of the prohibition is to maintain the current bee health situation of the country. The importation of some plants and food stuffs is prohibited under Samoa's SPS regulations (Section 3.3.3). An import ban on parrots is in place, to protect endangered species, based on the CITES and the International Union for Conservation of Nature (IUCN) Red List of Threatened Species.
3.26.
According to the authorities, the production and importation of liquor with a strength by volume higher than 40% is prohibited since July 2018.
3.27.
Samoa maintains restrictions on the importation of arms and ammunition, chemicals and pesticides[41], and ozone-depleting substances[42]; to be imported, they require licences issued by designated public bodies. Under the Plastic Bag Prohibition on Importation Regulations, 2006, imports of non-biodegradable plastic bags are restricted, with a view to protecting the environment.[43]
3.28.
There are also restrictions on the importation of certain narcotics and liquors. Pursuant to the Narcotics Act, 1967, only holders of a specific activity licence may import narcotics; the licensing requirement was introduced to control and monitor trade in these products. Regarding liquor, the authorities maintain that activity licensing was introduced to protect human health. All applications for a liquor licence are submitted to the Liquor Control Board. The Board reviews each application on the basis of reports, prepared by the Ministries of Police, Environment, Health and Revenue.
3.29.
In 2014, Samoa notified to the WTO that information on its import licensing procedures are published in its Official Gazette (Savali).[44]
3.30.
According to the authorities, after its enactment, the Trade in Endangered Species Bill, 2013 will regulate the export and import of endangered species and any product derived from those species. Under the Bill, the Minister of Natural Resources and Environment issues permits for export, import, and re-export of endangered, threatened, or exploited species.
3.31.
Reflecting health-related concerns associated with high fat content, Samoa imposed an import ban on turkey tails and turkey tail products (HS 02072610, 02072710) in 2007 (Prohibition Order on the Importation of Turkey Tails of 14 August 2007). In 2011, a prohibition on the domestic sales of turkey tails and products was passed (Sale of Turkey Tails Prohibition Order, 2011). Following Samoa's accession in 2012, the regime for turkey tail imports has seen a number of developments: a. Customs (Turkey Tails) Prohibition Order, 2013 the import ban was repealed in 2013, in line with Samoa's WTO accession commitments[45], and imports of turkey tails for private or personal (not commercial) consumption were allowed. On 10 May 2013, the excise rate on turkey tails was set at 300%, to act as a deterrent, since the authorities remained concerned about the negative effect of turkey tails on the health of the population. b. In 2015, the Ministry of Health commissioned a study entitled "Replacing the turkey tail ban: WTO compliant nutrition policy of Samoa". According to the study, the majority of the adult population is overweight or obese in Samoa, and diabetes and heart disease are the main causes of death. The main issue was to develop "evidence-based and non-discriminatory" policy options for controlling nutrition-related health problems after the lifting of the turkey tail import ban. The recommendations include the following: an increase to 20% of the excise tax for food items that exceed certain thresholds in the nutrient profiling system[46] (confectionary, sweet beverages, savoury snacks, processed meats, oils high in saturated fat, fatty meat cuts (e.g. turkey tails, mutton flaps); the elimination of tariffs on healthier oils and imported fruits and vegetables not grown in Samoa, in order to increase the affordability of healthy foods relative to less healthy ones; the implementation of policies to increase fruit and vegetable availability (increased investment; pilot school fruit programme; and a trial e-voucher programme for fruit and vegetable purchases for 'at risk' households). The study's recommendations have been approved by Cabinet. c. Customs Tariff Amendment Act, 2018 with effect from 3 April 2018, the excise rate on fresh/chilled turkey tails (HS 02072610) was reduced to 10%, and the import duty was set at 20% (plus 15% VAGST).[47] The import duty on frozen turkey tails (HS 02072710) was also reduced to 20%, according to the authorities.
B. Exportación prohibiciones y restricciones
3.36.
Export prohibitions, restrictions, and licensing may apply in accordance with the Customs Act, 2014. Under the Act, the Minister of Finance, on the advice of the Comptroller, may issue an order prohibiting exports of any specified goods or class of goods for the sake of public interest.
3.37.
Export prohibitions apply to logs and timber under the Order Prohibiting the Export of Logs, 1990. The authorities state that the measure is necessary for the conservation of the country's forest areas and reforestation. The export of any species of sea cucumbers is also prohibited.[48]
3.38.
The Land, Surveys and Environment Act, 1989 prohibits the export of live coral. The measure is aimed at preventing further destruction of coral resources, and at ensuring the long-term sustainability of Samoa's fishery resources. Consent may be granted for the export of coral for scientific research, but not for commercial purposes.
3.39.
In addition, export restrictions apply to Samoan antiquities and birds. Pursuant to the Samoan Antiquities Ordinance, 1954, the export of Samoan antiquities must be approved by the Head of State, who may acquire them subject to the payment of adequate compensation.
3.40.
The export of birds is restricted, for environmental reasons, and is subject to authorization by the Minister of Agriculture and Fisheries, in accordance with the Wild Animals Regulations, 1993.
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