14 May, 2012. During the Forum Trade Ministers Meeting in Marshall Islands on Friday 11 May 2012, Tonga's Minister for Labour, Commerce and Industries, Hon. ‘Isileli Pulu welcomed Australia's undertaking response on the consistency of the existing restriction of Kava entering Australia with WTO disciplines following the call from Forum Island Countries (FIC) to remove immediately its import restriction on Kava. Australia was also requested to outline the rationale for the restriction including evidence to justify its introduction, effectiveness, and whether the policy measure can be maintained indefinitely. Australia's response are to be reported before the Forum Trade Officials meet to Apia in November 2012.

2. The importation of Kava to Australia requires a ‘License to Import Control Substance' and an ‘Import permit' for each consignment of Kava. The import permit must be presented when the Kava arrive in Australia. An exemption also exist allowing ‘A passenger, on a ship or aircraft, aged 18 years or more, to import up to two (2) kilograms of kava in either root or dried powder form in their accompanied baggage without a permit.'

3. Tonga and other FIC friends of Kava including Vanuatu, Solomon Islands are suspecting the imposed restriction to be ‘acting as a disguished restriction on international trade. Hon. Pulu highlighted that the restriction on Kava raises a number of issues regarding its consistency with multilateral trade rules disciplines, including whether the measure imposes a quantitative restriction and if this is supported by exceptions recognized by the WTO. The restriction is also questioned whether it is necessary for the protection of human health and life.

4. Minister Pulu further suggested that the immediate removal of the restriction of Kava to Australia could be an early harvest and a building block to make the ‘Plus' of the PACER Plus negotiations.

Ministry of Labour, Commerce and Industries
11 May 2012.

14 May, 2012. The Forum Trade Ministers Meeting in Majuro on Friday 11th May 2012 noted the importance of preferential access to education in Australia and New Zealand to the development of Forum Island Countries (FICs).

2. Tonga's Minister for Labour, Commerce and Industries, Hon. ‘Isileli Pulu also Minister responsible for Trade urged Australia and New Zealand to consider a special derogation for Tongan students including those from Forum Island Countries to study and even to work temporarily in Australia and New Zealand through a concessional beneficial arrangement through the PACER Plus negotiations.

3. Minister Pulu stressed that it has been extremely difficult for a Tongan especially those outside of scholarship sponsored students, to study in Australia or New Zealand primarily due to the high cost of courses, as Tongans pay international student fees. He said that in most cases, these students after paying international student fees stay on to work in New Zealand and also Australia benefitting both countries more than the sending country. The high cost of meeting international student requirements is a barrier to accessing further education opportunities in Australia and New Zealand by students from Tonga and FICs.

4. The on-going initiatives by Australia and New Zealand's supporting education in Tonga and the region was fully acknowledged by Minister Pulu, and further emphasized the importance for the PACER Plus negotiations to address this concern. The Forum Trade Ministers also recognized that the Office of the Chief Trade Adviser (OCTA) will raise this issue and the application of concessional and preferential fees to FIC students in Australia and New Zealand educational institutions at the inter-sessional meetings of Forum Trade Officials to begin no later than July 2012.

Ministry of Labour, Commerce and Industries
14 May 2012.