Corporate Plan 2016/17- 2019/20 of the Ministry of Commerce, Industry and Labour

1. Commerce – development of the private sector and promote investment

2. Industry – encourage industry productivity and fair trade, and ensure a healthy and competitive market through the Trade, Commerce and Manufacturing Sector Plan

3. Labour – create employment opportunities for the local workforce both locally and internationally and a healthy and safe environment for employees and employers. Our goals and strategies therefore aim at capturing the above functions. Annex 1 provides more details of our goals and strategies for 2016/17-2019/20. Goal 1. Development of the private sector and promotion of investment Strategy 1. To strengthen sector policy, legal, regulatory and strategic planning Strategy 2. Facilitating an investment friendly environment Strategy 3. Simplify processes for Companies and Intellectual Properties and maintain the integrity of all Registries Goal 2. Encourage industry productivity and fair trade, and ensure a healthy and competitive market Strategy 1. To provide a high level of industry development through implementation of the Trade, Commerce & Manufacturing Sector Plan Strategy 2. Enhancing and promoting effectiveness of Competition and Fair Trade in markets to benefit consumers, businesses and the community Goal 3. Create employment opportunities for local workforce and a healthy and safe environment for employees and employers Strategy 1. Strengthen Labour and employment markets’ supply and demand to improve employment opportunities Strategy 2. Seek and strengthen partnerships with development partners and key stakeholders or other related service providers to expand into other trades for more overseas employment opportunities Strategy 3. Facilitate employer-employee relationship through effective and efficient advice on industrial and employment relations, foreign employee employment permits, and on occupational Safety and health matters Strategy 4. Increase the number of local citizens employed under all international employment programs available and to ensure Samoa improves its export of skills abroad 5 Long Term Outcome Enhanced investment resulting in increased employment, incomes and equitable distribution of the benefits leading towards poverty eradication. Vision MCIL’s vision for the next four years reflects its support of Government’s vision of Accelerating Sustainable Development and Broadening Opportunities for all. Our vision therefore is to become “A leader in promoting an enabling environment for diverse business innovation and employment in Samoa”. Mission MCIL’s mission is “Fostering economic growth and prosperity in Samoa by promoting public private partnerships, and ensuring a fair trading platform for businesses and consumers”. Values Our values are embedded with those of the Public Service which are crucial to the successful delivery of our services. We aspire to keep and respect their importance in the achievement of our vision and mission: Equity and Fairness – our stakeholders are treated equally and fairly maintaining political neutrality Service & Commitment – committed and dedicated to service with honesty Respect & Empathy – we respect the thoughts, feelings and concern of others and seek first to understand than to be understood Transparency & Accountability – we encourage open communication and commit to ensure that our actions and decisions are consistent and made with clear reasons in an open manner Efficiency & Effectiveness – optimum use of resources at all levels to achieve results of value to the public in the most economical way Mandate The Ministry is mandated to administer regulatory frameworks that:

1. Promote industry development, foreign investment and guarantees the rights of citizens to participate in the economy of Samoa;

2. Set standards to regulate fair competitive practices to promote a level playing field in all trades;

3. Administers the Apprenticeship Scheme, Employment services, conducting of labour market surveys, collection and dissemination of Labour Market Information;

4. Enforce labour and employment standards, approval of foreign employment permits and promote occupational safety and health;

5. Manage the registries of companies and other legal entities, Intellectual property registers, protection of rights of Intellectual Property holder and enforces statutory obligations. The extensive Legal and Regulatory Framework for MCIL is detailed in Appendix 1. Recent reviews have been taken to update and reform legislation to comply with global business demands. These reviews will be on going for the corporate planning period to bring up to date the various legislation governing Samoa’s business environment. 6 Our Working Environment MCIL has re-assessed its organisational working environment and identified the following key factors influencing its ability to deliver its services effectively. STRENGTHS • Partnerships with the private sector, and development partners • Strong management leadership • Strong legal framework that mandates the functions of all divisions • Staff who are adequately qualified, experienced and committed • Knowledge sharing among staff • Planning and coordination • Strong internal policies guiding the work of staff • Capacity building opportunities for staff • Use of IT for effective delivery of services • Solid HR and Finance Systems in place • Customer service • Timely HR and Financial reports available to staff and management • Ability of staff to adapt to new systems and processes • Efficient support services WEAKNESSES • Insufficient number of supporting staff to assist in other areas such as Asset and Information Technology • Limited resources (Financial, Human Resource, Asset) that hinders the full achievement of objectives and strategies • Time management - Meeting deadlines • Interpretation of the legislation • Existing E-Systems in place are not user-friendly • Loss of institutional knowledge when staff resign • Insufficient staff trained in the right technical areas • Inconsistency of the quality of work • Linkage of sector and divisional objectives OPPORTUNITIES • Private sector to provide more job opportunities • Identify more funds for awareness programs • Develop the National Employment Policy to recognise informal employment • Develop staff professional development programs • More apprenticeship trades relevant to the work force • Institutional knowledge • Strengthen Private Public partnerships with private sector and development partners • Development of TCM as a catalyst that would propel development, employment creation and reduce hardship • Legislative reforms to enhance business environment for private sector development THREATS • Global and economic impacts/Changing international laws and conventions • Lack of coordination amongst government ministries • Changes of policies and processes that may not be applicable to current work situations • Political influence • Conflict of interest • Sustainability of project (financial support) 7 • Exit strategies for projects • Occupational safety and health risks • Non-compliance of employers to submit required information to the Ministry • High turnover due to better opportunities elsewhere • Budget constraints leads to non-achievement of plans CHALLENGES MCIL is not immune from the risks surrounding its ability to fully implement its strategies and goals. The global economy is rapidly changing. Competition is intensifying for skilled labour, capital and resources. As the population grows, more economic, environmental and social issues arise. Rapid climate change also affects implementation phases of this plan. Just as the economy began to recover from previous natural disasters, risks of potential natural disasters emerges. Challenges Mitigation Actions Responsibility Governance and Management Continuous participation and CEO commitment by the Management Team to make decisions for the betterment of the Ministry Staff turnover Develop professional development CEO programs for staff locally and overseas for increased exposure. On-going capacity building Limited qualified people Promote MCIL as the choice employer in CEO available to recruit Samoa Conduct Awareness/Career day External Factors influencing Negotiate and confirm donor funding Whole Ministry business development (i.e. from developed partners financial crisis, market Develop new assistance scheme for the changes, natural disasters) business community Changing government policies Advocate National goals during policy Whole Ministry changes Continuous consultation of private sector and the general public Strengthen partnerships with Private Sector organisations and Non- governmental organisations Occupational Safety and Continuous role of awareness programs CEO and OSH team Health risk in the workplace Minimise associated risks through implementation of OSH Risk Framework Buy-in to the TCM Sector Plan Incorporating of the TCM-CU into the CEO and TCM MCIL budget Continue to advocate for Sector initiatives Liaise with development partners regarding investment into Sector gaps Non-compliance of Continuous social dialogues with private CEO employers/private sector on sector and awareness programs legislative requirements 8 Key Achievements of 2012-2016 The following were the key achievements for the Ministry from the last five years of the Corporate Plan. Annex 2 provides full results of the Corporate Plan period 2012-2016. Private Sector Development • More than WS$180,000 of direct support to the private sector to assist with their trade promotions and trade development under the Enhanced Integrated Framework with an additional WS$4.8million to support value chain development mainly for coconut and cocoa value chains with infrastructure support for business organisations to engage in marketing support activities. • Government continued to assist the private sector with financial grants totalling WS$2.1million which was distributed to Private Sector organizations to assist with their administrative operations from the local budget over the past five years (2012-2016). • Foreign investors registered in Samoa over the past five years (2011-2015) reached 282 with initial working capital recorded at WS$261 million in all key sectors with the services sectors and tourism taking up the bulk of Foreign Direct Investments. Employment expected from these investments would be more than 1000 local jobs created at the initial stages of the investments. • On our employment markets, just over 200 apprentices graduated over the past five years specialising in seven trades such as electrical, plumbing, refrigeration and air conditioning, welding and fitting skills. The apprenticeship scheme is another successful partnership where our private sector and government share in sponsoring our apprentices. • Successful completion of the Private Sector Support Fund (PSSF) where 923 businesses including 43% of farmers were able to receive support to assist with their marketing, promotions and capacity building and some with basic equipment. PSSF monies paid to private sector over the past five years reached WS$5.9million from the NZ Government. • Manufacturers and tourism operators were able to receive support under the Government Duty Concession Scheme with WS$59million worth of duties waived to provide these operations with an incentive to commence business, which in turn provided more employment opportunities for our people. • Securing US$4 million to Strengthen Samoa’s National Implementation Arrangements for the Enhanced Integrated Framework (Tier 1) and to implement the Samoa Trade Sector Support Programme (Tier 2). Enabling Environment for Businesses The Enabling Environment for businesses has been one of the challenges for MCIL in trying to coordinate a ‘one stop shop’ for businesses in Samoa. The ‘Cost of Doing Business’ survey that the World Bank conducts on an annual basis in one of the benchmarks that MCIL uses to measure the effectiveness of its work and the enabling environment. A lot of reforms have been undertaken by the Government and some of these reforms have resulted in the following milestones: • The electronic registry of companies launched in February 2013. The Online Company Registry has tremendously improved the systems for business registrations and some of the benefits to date include: • Reduction of costs to set up a business and to search for company information; 9 • Ease in registering a company and maintenance of company registration which now can be done within a day; • Company information now readily accessible online 24 hours; • The Company Register can be searched from anywhere in the world providing reliable information to potential exporters and importers about shareholders and directors of the companies that they might be dealing with. This enhances the ability of the parties to enter into contracts. • Registration of intellectual property continues to increase as Samoa participates in the global economy with more than 4000 trademarks already registered in Samoa with increasing registrations from Samoan manufacturers and service providers. • Development of the Personal Property and Securities Act 2013 and the corresponding regulations. • Development of the Competition and Consumer Act 2016. • Updating our weights and measures framework transitioning from the imperial to the metric system to facilitate our trading transactions with the passage of the Legal Metrology Act 2015. • Fair Trading and Consumer Protection role of the Ministry has ensured that there is a competitive environment for businesses to operate and at the same protect consumer’s interest from monopolistic price surges and any potential collusion amongst businesses to set prices. To date, the role of the Price Control Board had guaranteed that the Samoan consumers were able to purchase their basic food items and groceries at fair prices. One of the key roles is also monitoring that our petrol service stations sell the fuel at the stipulated prices and the Ministry conducts calibrations as soon as there is a change in fuel. • Improving the regulatory environment governing our industrial and employment relations, and occupational health and safety through the passing by Parliament of the Labour and Employment Relations Act in 2013 and its Regulations in 2016; and the Occupational Safety and Health Regulations in 2017. • In terms of industrial relations, labour related grievances over the past five years reached 550 and close to 90% of these grievances have been resolved, a strong indication of the role of government facilitating employer employee dialogue in resolving industrial and employment disputes between employers and their employees. • Occupational Health and Safety in the workplace is critical and MCIL conducts on-going inspections to ensure workplaces comply and promote OSH standards. From the inspections conducted around 99% of companies were in compliance. Again this is a reflection of the close partnership that the Government has with the private sector in ensuring that our workplaces are safe and meet the regulations and standards. • For foreign workers, MCIL took up the role in 2014 to issue work permits for foreign workers especially in the areas where there is limited supply of skills in the local market. Since the transfer of the employment permits to MCIL close to 900 permits were issued across various industries such as construction, retail, domestic work and professionals. The Government has been able to work together with private sector organisations through the Samoa Chamber of Commerce and Industry, the Small Business Enterprise Centre, the Samoa Association of Manufacturers and Exporters, the Samoa Hotels Association and Women in Business Development Incorporated not only in policy development but also in the development of business support networks, capacity building and trade and marketing promotions locally and abroad. 10 Our goals and strategies will be realized through the following organisational structure. MCIL will 11 CEO also make a careful analysis of its organisational structure, to suit the requirements of its legislative r I I I I I I I I I CSU (S! RCIP !ROSH AELM FTCD IDIP TCM LEEP LEGAL iAL I J c:- ... I I Human Resource & Hun - Companies/Inc - Industrial Relations - • h' Apprentices 1p - II Fair Trading - Industry I - RSE&SWP reforms, to ensure it promotes inclusive growth, enhance public sector efficiency and improve -H A,Administration Soc/CT/CU Development I I - 1-l Budget &Finance I ""' Intellectual Ppties - Foreign Emp - Employmentj Labour Market - Metrology Unit - Investment I - lahour Mobil'/ : Organisational Structure Permits Promotion I 1 Information j - - --- economic competitiveness. ...- ICT ... PPSA J... OSH Competition Policy , - &Standards Unit 1

Appendix 1: MCIL Legal and Regulatory Framework Legislation the Ministry Administers 1 Apprenticeship Act 2014 18 Incorporated Societies Ordinance 1952 2 Apprenticeship Regulations 2014 19 Incorporated Societies Regulations 1973 3 Charitable Trusts Act 1965 20 Intellectual Property Act 2011 4 Citizenship Investment Act 2015 21 Intellectual Property Regulations 2015 5 Citizenship Investment Regulations 2016 22 International Date Line Act 2011 6 Companies Act 2001 23 Labour and Employment Relations Act 2013 7 Companies Regulations 2008 24 Labour and Employment Relations Regulations 2015 8 Competition and Consumer Act 2016 25 Metrology Act 2015 9 Consumer Information Act 1989 26 Occupational Safety and Health Act 2002 10 Cooperatives Societies Ordinance 1952 27 Occupational Safety and Health Regulations 2017 11 Cooperatives Societies Regulations 28 Personal Property and Securities Act 2013 1954 12 Copyright Act 1998 29 Public Holidays Act 2008 13 Credit Union Act 2015 30 Receiverships Act 2006 14 Daylight Saving Act 2009 31 Securities Act 2006 15 Fair Trading Act 1998 32 Trade Commerce and Industry Act 1990 & Amendments 2014 16 Foreign Investment Act 2000 33 Transitional Provisions Act 2006 17 Foreign Investment Regulations 2011 International Organisations, Treaties and Obligations, Trade Agreements Codex Alimentarius Commission • Food Standards • Food Labelling • Toy Safety Standards Consumer International • World Consumer Rights Day • Consumer Rights and Consumer Protection • Consumer Information International Labour Organisation Conventions • C029 Forced Labour Convention 1930 • C087 Freedom of Association and Protection of Rights to Organize Convention 1948 • CO98 Right to Organise and Collective Bargaining Convention 1949 • C100 Equal Remuneration Convention 1951 • C105 Abolition of Forced Labour Convention 1957 • C111 Discrimination (Employment and Occupation) Convention 1958 • C138 Minimum Age Convention 1973 • C182 Worst Forms of Child Labour Convention 1999 • Maritime Labour Convention 2006 • Privileges and Immunities Convention 1948 United Nations Industrial Development Organization • Industry Developments World Intellectual Property Organization 12 • 1967 Convention Establishing World Intellectual Property Organisation • 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict • Hague Convention Abolishing the Requirement of Legislation for Foreign Public Documents • 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property • 1971 BERNE Convention for the Protection of Literary and Artistic Works • Paris Convention for the Protection of Industrial Property World Agencies for Investment Promotion Agencies • Investment Promotion Agencies African Caribbean Pacific – European Union • Economic Partnership Agreement – on-going PACER PLUS and PICTA • General Agreement on Trade in Goods • General Agreement on Trade in Services • Investment Chapter • Temporary Movement of Natural Persons World Trade Organization • Anti-dumping and Countervailing Measures • Sanitary and Phytosanitary Measures • Technical Barriers to Trade • Trade Related Aspects of Intellectual Properties • Trade Related Investment Measures • General Agreement on Trade in Services Other Regulatory Roles and Obligations: • Strategy for the Development of Samoa 2016/17-2019/20 – Priority Area 1: Key Outcome 3 Export Products Increased and Key Outcome 5: Participation of Private Sector in Development Enhanced • Trade Commerce and Manufacturing Sector Plan 2012-2016 • Immigration Act 2004, amendments and regulations • Ministerial and Departmental Arrangements Act 2003 • Public Finance Management Act 2001, amendments, regulations, manuals and instructions, • Public Bodies (Performance and Accountability) Act 2001 • Public Service Act 2004, amendments, regulations and instructions Legislated Boards and Committees: • Apprenticeship Council • Trade Commerce and Industry Board • Samoa National Codex Committee • Prices Control Board, • Samoa National Tripartite Forum • Trade, Commerce and Manufacturing Sector Steering Committee Other Affiliations: • Accident Compensation Corporation (ACC) Board • Agriculture Sector Plan – Steering Committee & Working Groups (MAF) • Disaster Advisory Committee – (MNRE DMO) • Convention on Elimination of Discrimination Against Women (CEDAW-MWCSD), • Climate Change committee (MNRE) • Commercial Fisheries Management Advisory Committee (CF- MAC - MAF) 13 • Environment Sector Steering Committee (MNRE) • Fire Emergency Service Committee (FESA) • Forestry Board (MAF) • Investment Committee (MOF) • Livestock – Management Advisory Committee (L-MAC – MAF) • National Disaster Management Committee (MNRE) • National Energy Committee (MOF) • National Heritage Committee – (MESC) • National Revenue Board (MOF) • National Tobacco Control Committee (MOH) • National University of Samoa (NUS) • National Working Committee on Trade Agreements (MFAT) • Ozone committee (MNRE) • Pesticides and Pollutant Committee (MNRE) • Petroleum Taskforce Committee (MOF) • Samoa Market Access Working Group – Pacific Horticultural & Agricultural Market Access (PHAMA) (MAF) • Post-Secondary Education training (PSET) Committee, • SACEP – Agriculture (MAF) • Samoa Bureau of Statistics (SBS) Steering Committee • Samoa National Youth Forum (MWCSD) • Samoa Qualification Authority (SQA)Board • Small Business Enterprises Centre (SBEC) • Tourism Cyclone Recovery Programme (STA) • Trade Advisory panel (SQA) • Traditional Knowledge committee (SQA) • TVET Implementation Committee (MESC) 14

Appendix 2: Goals and Strategies 2016/17-2019/20 Sector Pillar Goals Strategies/ Performance Measure/Indicator Responsible Activities Pillar 4 – Sector Policy and A coherent sector planning Develop a guideline with relevant - Divisions fully understood relevant Legal Division Planning Framework and policy formulation divisions to assist with the requirements of legislation and their developed interpretation, application and applications administration of legislation under MCIL Develop monitoring and evaluation (M & E) framework with - M & E Framework developed divisions to guide and monitor the regulatory role of MCIL in terms of compliance of MCIL legislation - Number of awareness programs on Collaborate with relevant divisions new legislation in organizing awareness programs - Number of regulations and policies on new legislation developed Pillar 2 – Processing and Value- Provide a high level of Efficient implementation of - Increase utilisation of schemes by all Industry adding industry development assistance schemes administered different industries Development & by the Ministry and research into - Simplifying processes and procedures Investment other new incentives in for efficient implementation of Promotion accordance with the need of schemes or implement new research industries schemes Effective public awareness - Suitable media awareness programs Industry programs on all assistance that captures the awareness of the Development & schemes administered by the public Investment Ministry - Increase number of applications for Promotion each scheme as a result of good i Sector Pillar Goals Strategies/ Performance Measure/Indicator Responsible Activities awareness programs Strengthen existing systems and - More resolutions on issues from Industry approaches for effective private sector that are directed to the Development & government-private sector TCI Development Board, thus lead to Investment consultative mechanism business growth Promotion Promote development of micro, - Develop legislation to administer Industry small and medium enterprises support for MSMEs or amend existing Development & (MSMEs) through formal set up of legislation to cover MSMEs Investment policy and strategies - To include MSMEs under relevant Promotion TCM pillars and other existing PSO support programs - Encourage more female entrepreneurship Promote quality locally made - Reactivate the Lotonu’u Committee products through the Lotonu’u and complete the compilation of the initiative as well as through the constitution and standards National Export Strategy - Increase number of quality locally made products in the domestic and international market Connecting or linking industry - Implementation of international development issues at national conventions and trade agreements level with overall regional or international agreements Samoa is a party to Review sector profiles for two - Two industry sector profiles Industry industries developed Development & Investment Promotion Pillar 4 – Sector Policy and Facilitating an investment Review, research and update - Promotion of Citizenship by Industry Planning Framework friendly environment investment opportunities to be Investment Program Development & Sector Pillar Goals Strategies/ Performance Measure/Indicator Responsible Activities promoted - Undertake overseas investment Investment missions and the use of social media Promotion to promote investment - Develop incentive packages targeted to specific sectors such as fisheries, agriculture, tourism, renewable energy and professional services - Facilitate program of appointments and provide packages of information for investment groups - Implement current legislation and consider other amendments to ensure transparency and consistency with an enabling environment Pillar 3 – Market Access Enhancing and promoting Restructuring of Division to reflect - Division restructured, resourced and Fair Trading & effectiveness of Competition the extend of the mandate effective operational with the plan Codex and Fair Trade in markets to administered period Development benefit consumers, Full implementation of the - Establish Competition and Consumer Legal Division/ Fair businesses and the Competition and Consumer Act Commission Trading & Codex community 2016 - Develop regulations for Competition Development and Consumer Commission - Authority Public Awareness campaign Effective Implementation of the - Full conversion from imperial to Legal Division/ Fair Metrology Act 2015 metric Trading & Codex Increase inspection and calibration - Reduction in the number of Development of weights and measures (mass, complaints received length and volume) - Increase accuracy of measuring Calibration of weights and equipment measures using NZ secondary - Increase consumer confidence standards Sector Pillar Goals Strategies/ Performance Measure/Indicator Responsible Activities Verification and testing of weighing and measuring equipment (scales/petrol pumps) All division Effective operation of the Savaii - All Ministry services represented. MCIL branch. - Staff recruitment (other Divisions) - Increase public awareness campaign in Savaii - Improve understanding, knowledge Fair Trading & More Capacity building on and skills of officials Codex Technical Barriers to Development Trade/Competition/Metrology and Codex. - Coordinate and facilitate at-least 4 Fair Trading & Coordinate and facilitate food and standards within the plan period Codex non-food safety standards. Development Fair Trading & Increase inspection, investigation, - Reduction in the number of Codex monitoring visits throughout the complaints received. Development country - Efficiency and effectiveness of administration and monitoring mechanisms Fair Trading & Increase promotional programs - Complaints receive are arbitrated by Codex aim at public awareness of the Ministry saving costly court Development consumer rights and trader proceedings obligations - Levels of awareness of consumers and producers enhanced. Sector Pillar Goals Strategies/ Performance Measure/Indicator Responsible Activities Develop consumer awareness promotional materials and information guides (goods and services) Provide secretariat services to the Fair Trading & Samoa National Codex Committee - Effective and high quality resolutions Codex and the Prices Board achieved Development Implementation of the Codex - Priority activities to be achieved with Fair Trading & Strategic Plan 2016-2020 the plan period Codex Development Develop an e-commerce - Growth of e-commerce Fair Trading & regulatory framework & Codex regulations Development Pillar 1 – Industrial Supply and Create full employment of Expand the Apprenticeship - More students joining the Apprenticeship Productivity local workforce and highly Scheme with three additional Apprenticeship Program qualified trades people, trades generate more working Seek partnerships with - Increased number of graduates under opportunities, encompassing development partners to expand the Apprenticeship Scheme temporary movement of onto other trades for more natural persons overseas employment opportunities Review on the Job Report Forms - National Competency Standards to be Apprenticeship for seven Trades included in the Curriculum of the seven trades Trade Panels and Industry to revise Industry Training Standards on the Job Forms to be in line with National Competency Standards Accreditation of the - Qualification to be recognizable Apprenticeship Sector Pillar Goals Strategies/ Performance Measure/Indicator Responsible Activities Apprenticeship Scheme nationally and internationally Collaborate with the Samoa Qualification Authority in accrediting the Scheme Implementation of the New - More stakeholders, jobseekers, Employment & Labour Market Information unemployed people and clients using Labour Market Management system the new system Collaborate with key stakeholders for better utilization of the new LMI system Extend coverage of the Samoa - Increase job creation and Employment & National Employment Policy to the employability especially unemployed Labour Market informal employment sector youths Work in partnership with all - Conduct Labour Market Surveys to Sectors for effective assess employment level in terms of implementation of the new SNEP supply and demand Provide administrative support for - Conduct Labour Force Surveys (LFS) Labour and the LEEP and explore additional and School to Work Transition Surveys Employment overseas seasonal employment (STWTS) Export Program opportunities for Samoa Unit Pillar 4 – Sector Policy and Strengthen capability of Sound advice to all stakeholders Timely and consistent advice to employers Industrial Planning Framework employers to manage their and workers on the following: Relations & employees through effective - Industrial / Employment Relations Occupational and efficient advise on - Working Terms and Conditions Safety and Health Industrial / Employment - Foreign Employee Employment Relations, Foreign Employee Permits Employment Permit, and on - Occupational Safety and Health Sector Pillar Goals Strategies/ Performance Measure/Indicator Responsible Activities Occupational Safety and - International Labour Conventions Health matters Cross-cutting – All Pillars Improve Private Public Strengthen tripartite dialogue with - Meet at least two times within every Industrial Partnership coordination and key stakeholders on all labour/OSH 90-day period to address fundamental Relations & collaboration related matters matters affiliated with employers, Occupational workers and the government Safety and Health Enhance commitment with the International Labour Organization - Submission of at least two International Labour Standard Reports on the implementation of Conventions ratified by the Promote best practice on Government of Samoa Labour/Employment, and OSH matters through developing - Conduct ten awareness programmes effective awareness programmes to address common problematic areas such as working terms and conditions issues, and foreign employee employment permit - Conduct ten awareness programmes on preventative measure for safe and healthy work place Pillar 4 – Sector Policy and Effectively monitor and Improved M&E system - Review, develop, and promote the Industrial Planning Framework evaluate the implementation M&E system for the efficient and Relations & of Labour Laws/OSH effective carrying out of Occupational legislation and practices for Effective and efficient inspections/investigations Safety and Health improved compliance inspections/investigations Implementation of the following legislation: - Labour and Employment Relations Act 2013, and Regulations 2016 Sector Pillar Goals Strategies/ Performance Measure/Indicator Responsible Activities - Occupational Safety and Health Act 2002, Regulations 2017 - Public Holidays Act 2008 - Monthly and quarterly reports Improved compliance submitted on the effective implementation of labour and OSH legislation - 80 – 85% improved compliance of the labour law - 70 – 75% improved compliance of the OSH law Pillar 4 – Sector Policy and Timely implementation of Review and develop effective Approval and implementation of the Industrial Planning Framework labour and OSH law through Industrial Relations, FEEP, and OSH following: Relations & strengthening policy, policies and procedures - Working Terms and Conditions for the Occupational research, planning and private sector and Public Bodies Safety and Health development - Industrial Relations Policy Framework - Foreign Employee Employment Permit Policy Framework - National Occupational Safety and Health Policy Framework - Approval and implementation of the IROSH procedure guideline Research and develop an - Development of the Grievance electronic customer centered Manual system for FEEPS - Go-live of an electronic customer centered system for the assessment and issuance of FEEPs Pillar 4 – Sector Policy and Simplified processes for Develop simple processes to - Reduction in the number of days to Registry of Sector Pillar Goals Strategies/ Performance Measure/Indicator Responsible Activities Planning Framework Companies (Private Limited facilitate the registration of register a company or intellectual Companies & Companies, Incorporated Companies and Intellectual property Intellectual Societies, Cooperative Properties - All registers are available Property Societies, Charitable Trusts, electronically Credit Unions and Company Adopt Electronic Registers for both - All registers easily accessible by clients Charges) and Intellectual Companies and Intellectual worldwide Properties (Patents, Properties - Increase accessibility to credit, Innovation Patents, particularly for small businesses Registered designs, Trade Provide Electronic Registers that - Client satisfaction increased Marks, Plant Breeder’s are easily accessible by clients Rights; Geographical worldwide Indications, and Lay-Designs of Integrated Circuits) Ensure the standard of processes and online registers are internationally acceptable Private Property and Security Act commenced and implemented Pillar 4 – Sector Policy and Maintain Integrity of Enforce all companies and - Planned spot checks are executed Registry of Planning Framework Registers intellectual property legislation - Decrease in number of complaints Companies & - Planned awareness programmes Intellectual Develop a Monitoring and undertaken Property Evaluation Framework - Decrease in the number of queries - The number of complaints resolved Reform out dated legislation - Companies and Intellectual Property legislation updated Adopt awareness programmes - Register Information are up to date - Advice to the Registrar accurate Produce timely Reports on registry work Sector Pillar Goals Strategies/ Performance Measure/Indicator Responsible Activities Review RCIP Divisional Structure Update existing Electronic Registers to internationally accepted standard Pillar 4 – Sector Policy and Enhanced capacity of Train Registry Staff on adopted - All Registry Staff able to assist clients Registry of Planning Framework Registry staff processes for the registration of with the registration processes Companies & Companies and Intellectual - Registry Staff attended allotted Intellectual Properties to improve service number of training and workshops Property provision and client care - 100% of Registry Staff have attended training or workshops Registry Staff to attend training - Morale of Registry Staff high and workshops related to - Performance of Registry Staff High companies and intellectual level properties at national and - Registry Staff able to provide high international levels level advice to the Minister and Registrar when required - Client Satisfaction High Cross-cutting – All Pillars Ensure that sufficient Sound financial performance and - Accurate monthly financial reports Corporate Services resources management provided on time to managers with (Human/Financial/Asset recommendations Management/IT) are - Close monitoring of division budgets available to support the and make timely recommendations on effective delivery of the options for utilisation of resources Ministry’s core services in - Strengthen internal controls and support of private sector enhancing staff understanding of their development purpose Implement and manage the Asset - Two stock take reports produced per Corporate Services Management System year Develop a culture of safety, - To encourage compliance with Corporate Services quality, innovation and high occupational health and safety Sector Pillar Goals Strategies/ Performance Measure/Indicator Responsible Activities performance legislation and to create an internal health and safety policy Cross-cutting – All Pillars Strengthen professional Establish staff development - To review the Ministry’s Workforce Corporate Services development of all staff programmes Plan 2012-2016 to in line with staff and All divisions members training and development needs - Staff to have access to relevant training and professional development opportunities (local and overseas) - Keep an up-to-date database of staff skills, experiences, and talents - Implement the Performance Appraisal System to address staff performance, boost staff morale, and team work amongst staff - Recognition of staff achievements and accomplishments by encouraging non- financial reward systems in the ministry - Encourage policy compliant environment and consistent implementation of policies & procedures to all staff - Encourage job rotation within divisions, one should be able to do Sector Pillar Goals Strategies/ Performance Measure/Indicator Responsible Activities everyone else’s job Cross-cutting – All Pillars Build capacity of staff to Developing a MCIL Intranet portal - Develop and implement an integrated Corporate Services utilise IT resources effectively for Staff use for in house IT work plan which includes ICT – IT and all and efficiently to strengthen awareness and training policies for all staff to adhere to divisions communication and sharing of information Develop an electronic database - Timely reporting and resolution of ICT and electronic filing system for issues each division - Improve the self-sufficiency of staff so Develop a robust disaster recovery they can resolve basic ICT issues with plan for all electronic systems to minimal to no assistance ensure business continuity - Regular reports and maintenance of Administer the usage of internet all ICT components and resources services efficiently and ensure uninterrupted connectivity during - Have regular spot checks to ensure all work hours staff computers are free of viruses and that computer usage complies Inquire about and secure with IT policies appropriate training opportunities overseas for ICT officers to - ONE MCIL Database implemented for enhance skills and capabilities accurate reporting and decision making of Management Development of a central registration system for businesses in Samoa which would be used by all Government agencies (MfR, NPF, ACC) building on the success on the online company registration

Appendix 3: Results/Review of Corporate Plan 2012 – 2016 KRA 1: Our Services: Objectives Strategies/Activities Performance Measure Current Comments (Translate to MLO) Status 1.1 provide i. Annual reports prepared and tabled i. Tabled in Parliament at least three Completed Annual reports tabled in appropriate policy in Parliament months after end of financial year, Parliament: advice to the ii. Two reports noted by Cabinet FY2011-12, Minister, ii. Six monthly update reports on the FY2012-13, FY2013-14 (complete Ministry Board meetings submitted Parliamentary committee to Minister for Cabinet report) Annual report to be tabled in Parliament: FY2014-15 1.2 Efficient and i. Weekly meetings with Minister to Completed i. CEO on behalf of Ministry effective secretariat keep him informed of MCIL activities to conduct weekly briefings support to the with the Minister when Minister, Minister requires, keeping him informed on status of activities as well as policies implemented and proposed ii. Timely implementation of the by MCIL Minister’s admin, HR and financial support services ii. 100% of these services are performed on time a1.3 Provide a high i. Efficient implementation of assistance i. Increase utilisation of schemes by all Completed On-going activity level of industry schemes administered by the Ministry different industries development and and research into other new incentives facilitating an in accordance with the need of investment friendly industries development environment ii. Public Awareness Programs on all ii. Solid PPP through an established Completed On-going assistance schemes administered by the consultative mechanism such as the Ministry Economic Forum iii. Investigate means of introducing a iii. Increase growth of MSMEs Completed formal government-private sector consultative mechanism iv. Promote development of MSMEs iv. Assistance schemes facilitated on Completed Finalize a national definition through formal set up of policy and updated legislation e.g. regulation for of MSMEs strategies duty concession scheme currently administered under the Customs Amendments Act 2007 v. Review policies relating to industrial v. Increase quality of local made Completed Law Reform Commission development growth including the products thus meeting overseas market cancelled this project (MCIL Industry Act under the MCIL standards Management Bill) in 2012- Management Bill project. 2014 To be reactivated in next Corporate Plan period vi. Maintaining good records and vi. Update database and good filing Completed database of all assistance schemes system in place for obtaining the administered by the Ministry for required information for reporting reporting purpose vii. Promote quality locally made On-going Challenges: products through the Lotonu’u initiative - Change of as well as through the National Export leadership Strategy - Outstanding registration of the Lotonu’u logo - Constitution etc. To be revived viii. Participate and provide sound viii. Increase participation in various On-going IDIP is represented on the advice to National Committees on national committee meetings following committee’s: Industrial development issues [NES, • NWCTA WTO, IPC etc.] • PHAMA • TCM • Forestry Board • CF-MAC • Investment Committee • NECC • Offshore Mineral Committee • Money laundering taskforce • TCRP – Cyclone recovery • TCCP – Climate change and others ix. Connecting or linking industry On-going Development components: development issues at national level i. PACER PLUS with overall regional or international ii. PICTA agreements Samoa is a party to iii. EPA iv. WTO v. etc. x. Review sector profiles for two Improved sector performance through On-going The review of the services industries investment in these industries sector profile is progressing 1.3 Facilitating an i. Review of investment incentives i. Increase in economic activities and On-going Existing incentives: investment friendly policies and packages industrial growth • Duty Concession environment Scheme (Hotel and Manufacturing development) • Code 121 • Code 113 (fisheries) • Export Development Scheme • Tax holiday for tourism developments only • Tax credits for tourism development only ii. Review, research and update ii. Increase registered foreign On-going FY2014/15 recorded the investment opportunities to be investments highest number of promoted registered FIE’s since 2000 – 63 FIEs in total iii. Aggressive investment promotion iii. Increase awareness of Samoa’s On-going Financial Constraints campaigns investment environment i.e. through Current tools used – promotion on website and investment newsletter, website tools iv. Provide updated, efficient and iv. Increase in number of registered Completed Same as ii. and iii. above effective information to investors foreign investment enterprises and on-going v. Continuous review of foreign v. Review of the Foreign Investment Act Completed Confirmed review of: investment policies 2000 and relevant policies and tools on and on-going Foreign Investment Act a two-year basis 2000 and Foreign Investment Regulations 2011 vi. Prompt facilitation of foreign vi. A) A new completed FIC application Completed A) Policy paper investment approvals is assessed and finalized within and on-going (Guidelines) has been three working days reviewed and endorsed vi. B) A new completed proposal for by CEO incentives is assessed and finalized B) Assessment of DCS within three working days applications are on time subject to submission of all required information; and revised eligibility criteria (transparent) vii. Maintenance of Foreign Investment Update database and a good filing Completed Back up filing system and a Database for reporting purpose system in place for obtaining the and on-going manual database for FIC is in required information for reporting place (the MCIL FIC database crashed) viii. Participate and provide sound Increase participation and contribution Completed refer to viii. above advice to national forums on investment to national investment forums and on-going issues ix. Facilitation of investment groups Facilitate programme of appointments Completed During the reporting period and provide packages of information we have facilitated more for investment groups than eight groups 1.4 Enhancing i. Establishment of Coordinating Unit TSM Coordinating Unit resourced and Completed TCM Unit was established in effectiveness of to lead the implementation of the effectively operational within the Plan 2013 market mechanisms action matrix period and the growth of ii. Restructuring of Division to reflect Division restructured, resourced and Completed PSC approved the division’s domestic activities the extent of the mandate effective operational within Plan and on-going new structure in 2015 plus and create a level administered period two principal officers to be playing field for all recruited in FY16-17 in the domestic iii. Finalize and implement competition Law and policy developed, endorsed Completed CCB is now with the market law and policy; awareness-raising and implemented; stakeholder and on-going Parliament awaiting 3rd campaign undertaken consultations and feedback achieved reading. Awareness will be within plan period conducted within the 12 months transition period. Implementation will include the establishment of the Competition and Consumer Commission. PSC has already approved a new position – Principal Competition and Consumer Protection Officer iv. Finalize and implement the Metrology Act 2015 implemented; Completed The Act is in a 12 month Metrology Act 2015 stakeholder consultations and and on-going transition phase– on-going feedback, resourcing achieved and awareness programs for capacity building needs achieved both Upolu and Savaii v. Review Fair Trading Act 1998 and Finalize review; implement regulations; Completed The Competition Bill develop regulations undertake awareness-raising campaign. and on-going covered the review of the Targets achieved; stakeholder whole Fair Trading Act is consultations and feedback now in Parliament awaiting the final reading in Parliament vi. Establish a small claims tribunal Time and cost settlements reduced Not Postpone to next Corporate completed Plan – will include under the Competition and Consumer Commission vii. Effective operation of the Savaii All Ministry services represented and Achieved Savaii office continues to MCIL branch easily accessible by the public facilitate matters relating to the whole Ministry. More staff are required to do the work more effectively viii. Establish a Technical Barriers to Fully operational and effective TBT Achieved WTO Secretariat approved Trade (TBT) inquiry point inquiry point within plan period our notification for the FTCD as a National Enquiry Point for TBT in Samoa. Staff training to be funded under the EU assistance ix. Seek Samoa’s membership in the Membership achieved within plan On-going Partial – liaise with the ISO period & local products comply with Private Sector (SAME) – ISO standards already a member of ISO x. Develop legislation on food safety Existence of quality and effective Completed - Food Labelling standards and continue promoting regulations and legislation addressing - Food & Hygiene HACCP training and ISO certification market imperfections Standard for industry members. - Ava Standard - Eggs Standard - Toy Standard xi. Enforce implementation of food Full compliance of traders Completed Fair Trading (Approved Egg and non-food safety standards and on-going Standards) Regulations 2010 was developed and enforced xii. Encourage compliance with Voluntary compliance by companies Completed Continuous liaising with international standards and on-going Private Sector/MOH xiii. Increase inspection, investigation, Reduction in the number of complaints Completed 90% compliance rate for monitoring visits throughout the received and on-going both Upolu and Savaii. country Efficiency and effectiveness of Decrease in the number of administration and monitoring complaints mechanisms xiv. Increase promotional programs aim Complaints receive are arbitrated by Completed More advertisements on at public awareness of consumer the Ministry saving costly court and on-going TV/Newspaper, WCRD rights and trader obligations proceedings Workshop xv. Provide secretariat services to the Effective and high quality resolutions On-going Facilitating of quarterly Samoa National Codex Committee achieved meetings and the Prices Board xvi. Improved collaborative partnership Enhanced confidence of consumers On-going Eggs Standard with SROS, NUS, USP-Alafua and both locally and internationally in line Ministries in ensuring food Samoa’s manufactured goods Ava Standard, Nonu standards are science based xvii. Develop an e-commerce regulatory Growth of e-commerce Not Postpone to next Corporate framework & regulations Achieved Plan xviii. Develop consumer awareness Levels of awareness of consumers and On-going Brochures – GPO, No- promotional materials producers enhanced Refund, Sene Rounding, Traders Guide xix. Establish registry of service List of approved accredited by On going Undertaken by the AELM providers such as mechanics, recognized qualification service and will be included in the carpentries, plumbing, vehicle car providers new Apprenticeship dealers, electricians, etc. Database. All qualified tradesmen and service providers 1.5 Encouraging i. Continue to work in partnership with More students joining the On-going highly skilled local relevant stakeholder and employers Apprenticeship Program. workforce and their Increased number of graduates under the Apprenticeship Scheme full employment ii. Establish a centralized unit for better Increased efficiency and effectiveness On-going The LMIS will be online for networking of Labour Market for data collection and data analysis all employers to access Information (LMI) iii. Enhance technical knowledge and New legislation and policy On-going analytical skills of AELM staff. development in place to align our national industry trade standards to regional and international standards iv. Continue training of jobseekers to Increased number of jobseekers On-going increase employability and referred to industries for employment. employment opportunities in the labour market v. Provide training and recruit more On-going ELM staff to ensure timely collection Division restructure should be and distribution of required data completed according to the plan period. vi. Continue in promoting awareness of Streamlined LMI system and policies On-going Training will be provided for employers, stakeholders and the ELM staff on the new LMIS public re; LMI database vii. Needed commitments and efforts Increased number of half yearly ERS On-going from employers and stakeholders to being submitted to MCIL for ensure timely provision of required employment assessment information viii. Continue collaboration with Increased knowledge and awareness On-going stakeholders for career awareness of school leavers and jobseekers regarding employability ix. Align industry training standards Apprenticeship Program will be Not achieved Postpone to next Corporate with National Competency competency based instead of number Planning period Standards (NCS) and National of years Qualifications (NQs) x. Eliminate trade testing scheme to lift Complete review of Apprenticeship Achieved Trading Test scheme was the standard of the Apprenticeship Legislation eliminated in 2015 to Scheme by incorporation of National encourage apprentices to Competency Standards (NCS) under progress to the the Apprenticeship Program Apprenticeship Scheme for formal and recognized qualifications xi. Continue in promotion the Scheme Enactment of Apprenticeship Act 2012 On-going and maintain good relationship between parties involved. xii. Terms and conditions of the Complete Review of MOA Completed New MOA with the NUSIOT memorandum of understanding became effective in January (MOA) to be reviewed. 2015 1.6 i) Enforcing i. Finalise LER Regulations for approval i. Regulation approved within 3-12 Completed Cabinet approval in labour and by Cabinet months September 2015 of the employment Labour and Employment relations, Relations Regulations 2015 foreign workers and safe work ii. Continue training for Labour ii. Weekly training on theory, practical Completed Have had a few training at the Inspectors application on all facets of roles, and on-going conducted by ILO/TA to workplace duties, responsibilities, obligations, improve capacity of Labour research, investigative skills, Inspectors: interview, public relations skills, confidentiality and report writing 1. International Labour Standards & Reporting Obligations Training 2. Labour & OSH Inspection Foundations Skills Training Programme 3. WTO E-Learning opportunity for staff 4. On the job learning – Succession Planning iii. Seek Cabinet approval of Directors Achieved Cabinet approval in for LER Bill September 2015 of the Labour and Employment Relations Regulations 2015 iii. To mobilise mass-media to promote Translate the information into simple Completed OSH video complete using public awareness programs of labour English and Samoan Language. Engage and on-going current labour inspectors and employment relations and to a quality video producer to film, edit promote sound industrial relations and produce ads for mass media. Use at the workplace and strengthening current labour inspectors as actors to the capacity of industrial actors also build and strengthen their capacity iv. To organise seminars and workshops Plan to ratify Labour Inspection Not This is the next step once to apply key ILO LER instruments in Convention together with the Labour complete the National OSH Policy Samoa workplaces and Employment Relations Regulations Framework is completed 2015 v. Continue collaboration with ILO for International technical cooperation On-going IROSH from time to time technical assistance in the future with Pacific, ILO and other partners seek assistance of the ILO enhanced strategically LER Framework Coordinator on work plan supported through international required to be undertaken technical cooperation i.e. ILS Reporting / SNTF etc. 1.6 ii) Improve i. Legal powers and roles of inspectors Need to conduct a comprehensive Job On-going A review of the IROSH labour and clarified. Recruitment, salary grading Analysis for the whole Division by the divisional structure review employment and training systems of inspectors end of November 2012 was undertaken and relations inspection established. Inspection means and Possible creation of four Units within approved by PSC in July and compliance reporting formats improved LER: with the Labour and (1) Industrial Relations Mediation 2015 Employment and Grievances in Small to 1. Industrial Relations Unit Relations Act and Medium Enterprise & Regulations a. Working Terms and Corporations (2) Industrial Relations Disputes Conditions and Conciliation in Small to b. Employment Permits Medium Enterprises and Corporations; 2. Occupational Safety and (3) International Relations, Health Unit Research and Report Writing of Ratified and Un-Ratified a. Private Sector Conventions; b. Ministries / SOEs (4) Employment Permits and Assessments ii. To extend inspections in more More routine inspections on non- On-going workplaces in SOEs, agencies and complying employers private sectors in particular small and medium enterprises iii. To develop and implement annual Recruit more Labour Inspectors but On-going PSC approved a Principal inspection plans which are achievable by continue works of inspectors by zones OSH Ministries and SOEs, using available resources to identify priority industries. To review and allowing MCIL to be more analyse inspection results annually proactive in the implementation of relevant legislation. Priority areas are identified based on industries where reported accidents occur, and based on data recorded for non- compliance. For example, Construction and Manufacturing are high risk for accidents to take place – therefore priority area. iv. To develop investigative reporting Continue promoting of Labour On-going First draft of IROSH format of arbitration cases and Legislation to eliminate complaints procedure manual ensure that all employers know it against working conditions complete. This details steps through labour inspection and and action to undertake for campaign activities. To establish and all necessary work of IROSH, implement investigation procedures including conducting by inspectors referring to ILO investigations/inspections Convention number 81 1.6 iii) Promote LER i. To link LER activities to productivity Propose training implemented once the Completed IROSH have undertaken one activities by enhancement and other management LER Bill pass by the Parliament and on-going on one Employers and goals. To introduce ILO LER instruments awareness/presentations of Workers and guidelines for businesses. To the labour laws, and Organisations organize LER seminars to meet undertaken consultative employers’ needs approach in holding public awareness forums ii. To train trade union LER trainers and Propose training implemented once the On-going These can be done on a one- assist trained trade union trainers in LER Bill pass by the Parliament on-one basis. The organizing LER activities establishment of the SNTF in the LERA 2013 contribute to this activity where constituents have the opportunity to discuss matters relating to employees and employers iii. To plan and implement joint LER Propose about 20 collaboration with On-going Consultations undertaken campaigns and training activities and to Employer –worker on LER policy with all relevant reflect workers’ and employers’ views to development until LER Regulation is stakeholders national LER policy developments completed 1.6 iv) Develop and i. To develop processes and systems for Revise, refine and review electronic On-going Current process takes 5 – 10 Enhance processes the granting of three categories of Work processes and procedures to meet two working days depending on and systems on the Passes for Foreign Workers: week turn-around point the ability of the applicant Approvals of Work Professionals (PWP) – qualified to provide all necessary Passes for Foreign professional qualifications; Trades (TWP) Workers – qualified tradespersons qualifications documents for assessment. and Domestic Work (DWWP) – Developed FEEP procedure restricted guideline for effective and efficient services ii. To organize seminars and orientation Include as part within the LER On-going This is inclusive in programs for foreign workers of their Regulations consultations undertaken rights to organize and bargain during the review of the collectively and upholding decent LERA and OSH Regulations working conditions iii. To advocate and share information Public awareness and consultations to On-going Public forum conducted in on the promotion of freedom of be conducted to both foreign workers February 2015 for non- association and collective bargaining and employers citizens to clarify their obligations under the relevant legislation governing their operations 1.6 v) Strengthen i. To develop national policies on Need to ratify Safety and Health in Completed This is done during national inspection and construction safety as a Construction (no. 167) and Promotional and on-going inspections and the occupational safety priority. To use ILO conventions on Framework for OSH Convention (no. undertaking of monitoring and health systems Labour Inspection Convention (no.81) 187) or ILO guidelines on OSH and evaluation and Safety and Health in Construction Management Systems (ILO OSH 2001) (no. 167) as Guidelines. To identify other priority OSH areas for strengthening legal framework ii. To strengthen reporting mechanisms On-going training for the new recruited Completed Training have been held to and information sharing systems for inspectors. Collaboration to create and on-going strengthen knowledge of effective OSH administration. To train more training and information sharing labour inspectors on labour inspector staff on OSH legislation opportunities, interpretation of legislation, and practices Continue with the investigations of work accidents and advise on policies reviewed, improve preventive measures dialogue with employers and employees (refer to comment 1.6 (ii) iii. To discuss with the tripartite National Tripartite OSH Council Not Reason being SNTF currently representatives the establishment of the established and functioning Achieved discuss all matters National Tripartite OSH Council and pertaining to employment, appoint Council members. To official safety and wellbeing of recognize the Council as the high level OSH advisory body to the Government workers and employers Possibility to remove this activity iv. To annually organize National OSH Continue commemorating this annual On-going On-going event Day on 28 April in line with ILO’s World event, Day on Occupational Safety and Health Continue reprinting and reviewing of at the Workplace. To promote public, current brochures, SOEs and private sector participation to continue something different such as National OSH Day. To mobilize mass- TV or radio talk show media promotion in OSH good practices in the workplaces. To publish easy-to- read OSH materials in English and Samoan and upload on the Website v. To organize seminars and workshops Continue on commemorating the On-going On-going event to apply key ILO OSH instruments in World OSH Day every year as well as workplaces in Samoa promoting Occupational Safety and Health through Awareness programmes vi. To hold regulation coordination On-going work but no meetings to exchange experiences and performance measure to promote joint programs. To organize assess achievement of joint events such as seminars and strategy workshops vii. To identify successful examples in On-going work but no international technical cooperation from performance measure to past experiences and on-going assess achievement of programs. To actively participate in the strategy Pacific and present OSH achievements in Samoa 1.6 vi) Implement i. To develop new Guidelines on OSH in i. New guidelines in Construction are On-going First draft National OSH special programs for Construction and to strengthen labour enacted and included in new OSH Bill hazardous inspection in construction sites as a and Regulations 2010. Strategic Policy in progress occupations priority. To apply ILO safety and Health inspection plans for construction are in Construction Convention (no. 167) developed and implemented ii. To select high risk construction ii. Government action program in OSH On-going First draft National OSH workplaces, assess safety and health in Construction is developed. Policy in progress risks, and design improvement Employers and Workers in Construction programmes. To train workers and trained about practical construction employers in construction about OSH measures improvement measures iii. To collect information through the iii. High risk workplaces clarified and On-going First draft National OSH public, SOEs and private agencies on appropriate protection measures Policy in progress high risk occupations and map them out. taken. These workplaces inspected To examine safety, health risks through regularly by labour inspectors the labour inspectors. To take necessary measures including banning of such high risks activities or enforcing specific measures to reduce risks 1.6 vii) Extend OSH i. Develop a National Framework of Risk On-going First draft National OSH protection to small Management of OSH within MCIL first Policy in progress – medium Use as a Model for all employers enterprises and rural and informal economy workplaces 1.6 viii) Promote i. To map out workplaces where child Child Labour under 16 years of age On-going First draft National OSH collaborative workers between 16-18 years’ work. To eliminated. Child workers between 16- Policy in progress actions with apply the existing list of hazardous child 18 years old protected and their safety hazardous child labour that needs prohibition or strong and health risks adequately managed. labour and protection measures. To link OSH Action oriented training programs and HIV/AIDS for activities to ILO IPEC (International other protection measures for child stronger compliance Programme on the Elimination of Child workers developed and implemented Labour) projects. To develop practical OSH measures for child workers to protect them from accidents and injuries. To strengthen existing child labour monitor networks for stronger protection ii. To establish Tripartite Coordination TCC establish and function. OSH Not OSH Policy Framework in Committee with a mandate to promote Framework Plan monitored and Achieved progress the implementation of the OSH evaluated Framework Plan in HIV/AIDS 1.6 ix) Improve i. To review and analyse current Legal powers and roles of inspectors on-going This is part of our everyday safety and health situations of inspections in SOEs, clarified. Recruitment, salary grading work through our issues and inspection and Agencies and the private sector. To and training systems of inspectors advise role, facilitating compliance with the prepare technical guidelines for established. Inspection means and grievances etc. OSH Law effective inspection. To upgrade reporting formats enhanced inspection means. To improve inspector recruitment systems and training programmes ii. To extend inspections in more Select small to medium enterprises On-going Part of our on-going routine workplaces in particular to small and workplaces for inspection, and enhance inspection role, and M&E medium enterprises and home action plans to increase coverage function workplaces. To review past achievements and good practices to reach home workplaces and use these experiences for planning inspections iii. To develop and implement annual Conduct Job Analysis for OSH section to Not This should be a whole inspection plans which are achievable by include an ACEO for OSH Achieved Ministry review and using available resources to identify direction of IROSH to be priority industries. To review and determined by CEO analyse inspection results annually iv. To develop accident reporting Ensure that ACC office continues to Achieved Monthly notice is provided formats and ensures that all employers work together with the Ministry on by ACC on number of know it through labour inspection and claims of accidents and injuries at the accidents reported to them campaign activities. To establish and workplace implement accident investigation procedures by inspectors referring to Different workplaces for instance those ILO Convention number. 81. To collect working on a ship, the workplace is on and analyse accident information and the ship publish injury statistics. To cooperate with the Accident Compensation Corporation (ACC) to ensure that injured workers can get adequate compensation 1.6 x) Promote OSH i. To link OSH activities to productivity Knowledge, skill and practice of OSH by Achieved OSH Regulations approved activities by enhancement and other management Samoan Employers increased. OSH in 2014 and Labour and Employers and goals. To introduce ILO OSH instruments action plans developed by employers Employment Regulations in Workers and guidelines for businesses. To and their organizations 2015 – both have taken into Organisations organize OSH seminars to meet employers’ needs account specific instruments and guidelines of ILO OSH 1. 7 i) Enhance i. Establishment and implementation of i. Reduction in the number of days to Achieved E-Registry for Companies systems and the electronic registry of companies carry out registration of companies was launched in 2013 procedures for ii. Ease of access of doing business in registration and ii. Enforcement of the new Personal Samoa Not achieved Waiting on the Asian maintenance of Properties Securities legislation iii. Strengthen compliance of Development Bank (ADB) to different Registries Companies with the provisions of upgrade current online the Companies Act Company Registration iv. Improved policies to access credit v. Assist individuals and businesses to System to cater for easily access credit Registration of Private Properties and Securities and other Legal Entities. This vi. Reduction in time for carrying out should be done in 2016, the filing process RCIP working with ADB – vii. Reduction in the time taken to PSDI to achieve this. register a mark viii. Expedient search of the Trademark iii. Implementation of the electronic Register Not achieved Waiting on ADB to upgrade registry of Personal Property current online Company Securities ix. Increase in the number of patents, Registration System to cater trademarks industrial designs, plant for Registration of Private varieties from local creators and Properties and Securities proprietors are filed for registration x. Reduction in the production and and other Legal Entities. This sale of pirated and counterfeit should be done in 2016, goods RCIP working with ADB – xi. Reduction of infringement of IP PSDI to achieve this. rights iv. Implementation of the Intellectual xii. Up to date Registers Partial Database in place but only Property Automated System (IPAS) xiii. Expeditious removal of defunct accessible internally. Need for registration of trademarks entities from these Registers fine-tuning before it can be xiv. Increase in the number of made available to the world registration of legal entities located in Savaii xv. Increase number of IP created and v. Prepare, coordinate and conduct Achieved filed by the creators and regular training and awareness proprietors in Savaii programmes for stakeholders on new electronic registry systems and xvi. Effective and efficient revised procedures for registration of implementation of systems for companies, personal properties and registration of new types of IP such trademarks that will be implemented as GI, service marks, plant varieties etc. vi. Review and amend legislation on Credit Union Credit Unions, Charitable Trusts and – completed xvii. Recruitment of Registry officers to Cooperatives accordingly Charitable man the RCIP unit in Savaii Trust – not completed viii. Recruitment of officers to enforce Cooperatives compliance with the statutory – not obligations mandated under the 22 completed vii. Implement a unit of the Registries different pieces of legislation Not Yet to implement a unit in division in Savaii completed Savaii administered by the Registries E-Registry Companies division database installed in the Savaii office for ease of access by clients viii. Carry out a restructure of the division Not To be approved by PSC to provide additional required staff completed for both the main office and the RCIP unit in Savaii 1.7 ii) Ensure the i. Carry out vigilant enforcement of the i. Increase in the level of compliance Achieved full protection of Intellectual Property Act 2011 with statutory requirements rights of intellectual property creators ii. Increase the number of inspections ii. Reduction in infringement of IP rights Achieved and proprietors and ensure full investigation of any known cases of infringement and piracy iii. Increase in the number of IP infringement cases adjudicated iii. Prepare documents for prosecution Achieved of intellectual property (IP) infringers iv. Increase in the number of registration of different IP’s created iv. Continue to undertake training and nationally Achieved awareness programmes for creators, v. Reduction in the number of owners and users of IP unauthorised users of IP vi. IP will be used as a tool for economic v. Continuous implementation of the development Achieved National IP Strategy vii. Work in collaboration with vi. Assist in the drafting of the IP businesses to develop IP assets Achieved Regulations to complement the IP Act 2011 viii. Preparation of forms to be used for registration and maintenance of vii. Prepare and carry out relevant different types of IP. Prepare a fee Achieved training and awareness programmes, schedule appropriate activities for different ix. Identify relevant issues to be targeted groups to celebrate the incorporated in the Regulations World IP day annually x. Increase awareness of different viii. Liaise with WIPO on development of groups such as students, Achieved IP issues manufacturers, authors of different works of IP rights associated with their ix. Compile and analyse data on IP for creations Achieved policy making purposes and submit to xi. Enhanced systems for protection of WIPO and other international IP rights organisations as and when required xii. Effective and efficient x. Continue to update the data on implementation of Registers of Plant Achieved copyrighted works submitted Varieties, GI’s etc. xiii. Enhanced knowledge of staff on xi. Implement the Copyright Berne and TRIPS implementation Achieved Management mechanism xiv. Establish and implement a legal framework and systems for protection xii. Carry out a restructure of the division of TK, Genetic Resources and Not to provide additional required staff Expressions of Cultural heritage Achieved for both the main office and the RCIP xv. Accede to WIPO treaties relevant unit in Savaii for Samoa xvi. Establish a mechanism for payment of royalties xvii. Recruit technical staff required to implement effectively systems for registration of new types of IP such as GI, service marks, plant varieties etc. xviii. Effective implementation of new enforcement provisions under the IP Act 2011 Improved compliance with the enforcement of statutory obligations mandated under the 22 different pieces of legislation administered by the Registries division 1.7 iii) To build and i. Conduct training of staff on new Efficient and effective implementation Achieved enhance Capacity electronic registry systems and of new electronic registry systems for and develop further revised procedures for registration of companies, trademarks and personal the skills of staff of companies, personal properties properties securities the Registries securities and trademarks that will be Up to date data is readily available division implemented ii. Participate in training, workshops and Acquired and/ or enhanced knowledge Achieved seminars conducted by the WIPO, and skills to perform diligently the and other international organisations various registry functions or advanced IP offices abroad that offers programmes on IP, Companies Effective and efficient implementation Registrations, inclusive of other legal of Registers of Plant Varieties, GI’s etc. entities iii. Source and participate specialised Improved examination of marks, Achieved training in the area of trademarks, patents, industrial designs, plant patents and industrial designs varieties etc. examinations etc.; for staff to attend Increase in the number of trademarks examinations carried out on a timely basis Increase in the number of trademarks opposition cases settled KRA 2: Our Clients/Partners: enhance clients’/partners confidence by ensuring our dealings are professional, timely and accountable Objectives Strategies/Activities Performance Measure Current Status Comments 2.1 enhance effective • develop tools to • Annual partnership Achieved We have a suggestion box to gauge dialogue/engagement engage more with engagement survey, clients’ feedback on our service. We with clients/partners partners and get • Suggestion box to be set up at complete an annual review of the Service to achieve expected their feedback on the Ministry premises, Charter as well as customer service outcomes, Ministries services, • Annual review of the Service refreshers Charter, • Conduct annual customer service refreshers with staff, 2.2 Enhance mutual • Develop a • Revamp website with a new On going Revamp of website in progress to be understanding and communication plan branding strategy/theme to be launched in February 2016. New letter maintain partnership for the Ministry used across all divisions of the head on all publications and email with the private and Ministry for publications such standard signatures completed. E- public sector as letterheads, email newsletter on a quarterly basis signatures, e-newsletters and other awareness and outreach programmes. 2.3 develop evidence • Develop evaluation • Partner engagement survey, On going Evaluation forms are used by most based “better forms for meetings • Feedback forums/surveys, divisions before and after workshops and practices” guides • Evaluation surveys during trade awareness aimed at improving shows, career days and other service delivery, awareness activities, develop evidence based policies aimed at improving service delivery KRA 3: Our Ministry Capability: continuously improve our overall performance through service delivery by monitoring and evaluating results/achievements and creating opportunities that lead to innovative solutions Objectives Strategies/Activities Performance Measure Current Status Comments 3.1 continuous • Implement division • Divisions to provide timely On-going 100% of staff have annual improvement for an performance targets/reviews budget/performance performance plans. efficient and through the annual budget planning, effective process, • All staff to have annual ICT analysis conducted on an as performance/service • Implement staff performance performance targets and needs basis and requests from staff delivery targets and reviews results/reviews, On-going and divisions • Implement at least four • Conduct annual training priority training identified by All staff attend relevant capacity needs surveys staff, building workshops and training 3.2 apply risk • Develop/Implement risk • Implement changes required Partial Task is given to Internal OSH Management management plan for the to address high priority risk committee to develop a Disaster framework to all key Ministry, areas for the Ministry, Response Plan for the Ministry to activities • Develop a business • All staff are aware of include business continuity in times continuity guide, business continuity plan of disasters • Formulate a disaster incorporating disaster recovery plan for the recovery plan for Ministry Ministry Information 3.3 Sound financial • Accurate Financial reports • Reports provided to On-going Monthly financial reports are sent performance and provided on time managers at least monthly to management with analysis and Management with recommendations, recommendations. • Close monitoring of division Continuous monitoring of division budgets and make timely budgets are done by recommendations on options Finance/Accounts for utilisation of resources, Includes strengthening sustainable • Strengthen internal controls internal control and governance and enhancing staff framework to ensure MCIL system understanding of their withstand scrutiny purpose KRA 4: Our People: to have staff with appropriate skills who can be managed, valued and committed to the Ministry’s purpose Objectives Strategies/Activities Performance Measure Status Comments 4.1 strategically focused • Managers make • Managers to agree, On-going Once individual work-plans in place and effective leadership timely review of address and implement at then a better monitoring and and management, results of staff least 2 issues on each evaluation of staff achievements and surveys annual staff survey results. 4.2 Staff who are qualified, • Managers to • Staff to have annual Completed and 100% implement staff PAS and skilled and experienced for encourage staff performance targets, on-going develop performance targets based their role and future planning, setting on job descriptions services challenges, performance Divisions to have documented targets, divisional workflow processes and Have yet to document workflows and training/refreshers procedures, processes in one manual. RCIP have • Implement an • At least 75% of Action one in place to be reviewed. improved plans outlined in the IRWPOSH in draft form, IDIPD – to be documentation Ministry workforce plan reviewed. system/informatio are implemented n management Divisional managers to implement system through a the Workforce Plan and identify document other professional development for workflow process staff design and procedures • Managers to encourage staff to become innovative in providing solutions to problems, • Implement workforce plan 3.3 Develop a culture of • Managers to • Staff are able to fully On-going Weekly knowledge sharing are safety, quality, innovation deliver on-going understand the different conducted for staff, divisional and high performance. internal training roles of each training and mentoring within team with staff within division/linkages and how and across they work across the divisions, Ministry, • Staff are able to • Staff are able to engage work as a team not with other divisions only within their through knowledge own divisions but sharing or refresher also across other training at least three divisions. times a year.