Legislation(Legal)

The Ministry of Foreign Affairs and Trade is responsible for the administration of 5 laws:

  1. Foreign Affairs Act 1976
  2. Diplomatic Privileges and Immunities Act 1978
  3. Maritime Zones Act 1999
  4. Geneva Conventions Act 2015
  5. Cluster Munitions Prohibition Act 2012

A summary of each are described below for ease of reference.

Foreign Affairs Act 1976

This Act makes provision for the administration of foreign affairs. It includes the functions of the Minister, appointment of the Chief Executive Officer and other officers, appointment and duties of overseas representatives, delegation of powers to the Public Service Commission and regulation making powers.

Diplomatic Privileges and Immunities Act 1978

This Act consolidates and amends the law relating to diplomatic, consular and other privileges and immunities, and to give effect to the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations. Provision is also made for privileges and immunities of international organizations declared in accordance with the Act.

Pursuant to section 9 of the Act a Diplomatic Privileges and Immunities (Declared International Organisations) Order 1998 (Principal Order) was signed into effect recognizing 18 international organisations. The Principal Order has since been amended more than 8 times to declare a further 8 international organizations.

Raising the flag of independence by joint Heads of State join heads of state Malietoa Tanumafili II and Tupua Tamasese Mea’ole.

Maritime Zones Act 1999

This Act makes provision with respect to the internal waters, territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of Samoa, and related matters.

Pursuant to section 10 of the Act, the Maritime Zones Order 2017 (the Order) was signed into effect officially declaring the geographical coordinates for identifying the territorial sea baseline (from which maritime zones are to be measured); the outer limits of the territorial sea and the outer limits of the contiguous zone. A chart illustration of the geographical coordinates was also legislated. The Order revoked the Maritime Zones Order 2014.

The list of geographical coordinates and chart illustrations as contained in the Order was duly deposited to the Secretary General of the United Nations pursuant to Article 16, paragraph 2 of the United Nations Convention on the Law of the Sea.

Geneva Conventions Act 2015

The Geneva Convention Act is to give effect to four Conventions done at Geneva on 12 August 1949 and to the Protocols additional to those Conventions done at Geneva on 8 June 1977, and for related purposes.

This Act made consequential amendments to the Samoa Red Cross Act 1993 to refine provisions in relation to the Geneva Conventions and the establishment of the Samoa Red Cross Society

Cluster Munitions Prohibition Act 2012

The Cluster Munitions Prohibition Act 2012 (the Act) is to give effect to the 2008 Convention on Cluster Munitions and for related purposes. It provides for the application of the Act, creation of offences and exceptions, actions to be taken in relation to cluster munitions and supply of information for reporting purposes.

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