International treaty

Memorandum of understanding between the UK and Samoa

Updated 30 September 2021

This international treaty was withdrawn on

The Department for Business and Trade (DBT) withdrew this publication because it was out of date.

See current information on the UK’s trade agreement with the Pacific States.

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This publication is available at https://www.gov.uk/government/publications/memorandum-of-understanding-between-the-uk-and-pacific-states-on-the-economic-partnership-agreement/memorandum-of-understanding-between-the-uk-and-samoa

MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE INDEPENDENT STATE OF SAMOA CONCERNING THE ARRANGEMENTS FOR APPLYING THE EFFECTS OF THE INTERIM ECONOMIC PARTNERSHIP AGREEMENT BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, OF THE ONE PART, AND THE PACIFIC STATES, OF THE OTHER PART.

The United Kingdom of Great Britain and Northern Ireland (“the United Kingdom” or “UK”) and the Independent State of Samoa (together, hereinafter referred to as “the Participants”),

  • noting that international agreements concluded by the European Union, Member States acting on its behalf or by the European Union and its Member States acting jointly, will cease to apply in respect of the United Kingdom at the end of the transition period, in accordance with Part Four (in particular, Articles 126 and 129) of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community signed on 24 January 2020

  • recognising that the United Kingdom, the Republic of Fiji and the Independent State of Papua New Guinea signed on 14 March 2019 in London an Interim Economic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Pacific States, of the other part (“the UK-Pacific States IEPA”) to continue the effects, as between them, of the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part (“EU-Pacific States IEPA”)[footnote 1]

  • recognising that the Independent State of Samoa has presented its request to accede to the UK-Pacific States IEPA but the necessary procedures required for that accession and for the UK-Pacific States IEPA to enter into effect with respect to the Independent State of Samoa at the end of the transition period will not have been completed

  • desiring nevertheless to continue the effects of the EU-Pacific States IEPA as between them without interruption once the EU-Pacific States IEPA ceases to apply to the United Kingdom

Have reached the following understandings:

Section 1: Treatment of the UK-Pacific States IEPA

The Participants have decided to treat the provisions of the signed UK-Pacific States IEPA as having effect as between them for the period between the EU-Pacific States IEPA ceasing to apply to the United Kingdom and the Independent State of Samoa accession to and entry into effect of the UK-Pacific States IEPA.

Section 2: Entry into effect of the UK-Pacific States IEPA

The Participants accept that, following the UK-Pacific States IEPA entering into effect with respect to the Independent State of Samoa, any action carried out pursuant to this Memorandum will be understood to have been carried out pursuant to the UK-Pacific States IEPA.

Section 3: Amendment

This Memorandum may be amended at any time by the mutual written consent of the Participants.

Section 4: Termination

This Memorandum may be terminated as between the Participants by one of them giving one month’s written notice to the other, or such shorter period as the Participants may decide. In any event, this Memorandum will terminate without any further notice upon the UK-Pacific States IEPA entering into effect with respect to the Independent State of Samoa, or fifteen months from this Memorandum coming into effect, whichever occurs first.

The Participants will consult to determine how any outstanding matters should be dealt with.

Section 5: Disputes

The Participants will consult at the request of either of the Participants identifying a concern about the interpretation or application of this Memorandum and endeavour to resolve the matter between themselves.

The Participants accept that they will not seek recourse to any national or international tribunal or any third party for settlement of such matters.

Section 6: Effective date

This Memorandum will come into effect on the date the EU-Pacific States IEPA ceases to apply to the United Kingdom. The foregoing represents the understandings reached between the Participants on the matters referred to in this Memorandum.

For the Independent State of Samoa:

Peseta Noumea Simki - Chief Executive Officer

Ministry of Foreign Affairs and Trade

Signed at Apia on 22 December, 2020.

  1. Samoa and Solomon Islands acceded to the EU-Pacific States iEPA, respectively, on 7 May 2020 and on 21 December 2018. ↩

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