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2.46. During the review period, the lists of prohibited, restricted, and reserved activities remained unchanged, but the Foreign Investment Regulations may bring changes to these lists (Section 2.4.1). Schedule 1 of the Business Licences Act (Revised Edition 2016), incorporating the Business Licences (Amendment) Act 2012 (Act No. 21 of 2012), lists some prohibited business activities, i.e. activities that are closed to domestic and foreign investors alike (Section 3 of the Act). [42]

[42] These activities are: storage, disposal, or transport of nuclear or toxic waste; (...) processing or export of endangered species

Table 2.3 Business activities requiring the fulfilment of additional conditions
Activity: Recycling operators
Additional requirement: Letter of approval from the Waste Authority

3.27. (...) The authorities affirm that licensing requirements are mainly used for national security, public safety, health, and environmental reasons. Non-automatic licensing requirements continue to apply on a number of imports, including (...) ozone depleting substances, (...) and endangered species. The legal instruments governing restricted imports are not consolidated, and the granting of licences is administered by several line ministries and government agencies. According to the authorities, Tonga does not maintain any licensing requirements for quantitative restrictions purposes.

3.28. Prohibited imports include (...) hazardous waste. (...)

3.35. No new export restrictions or bans have been introduced since 2014. (...) Prohibited exports include articles of Tongan culture, raw coral, and endangered species.

Table 3.10 SPS legislation, as at December 2020
Law (official citation): Biosafety Act
Issued: 2010
Last amended: 2012

3.69. Tonga's legislation includes provisions on living modified organisms (LMOs) and genetically modified organisms in the Biosafety Act and the Aquaculture Management Act, respectively. Both laws were last modified in 2012. Imports of LMOs and genetically modified fish are subject to prior approval/authorization by the corresponding authorities. Under the Aquaculture Management Act, an aquaculture officer may seize and destroy any unauthorized genetically modified fish, or take possession of the consignment to determine whether it is genetically modified. According to the authorities, the Ministry of Fisheries did not provide any authorization to import genetically modified fish during the period 2014-20.

3.81. (...) In 2020, Tonga owned 13 [state-owned enterprises] SOEs active in a variety of sectors including utilities (power, water, and waste management), (...).

Box 3.2 SOEs: activities and legislation, 2020
(...)
13. Waste Authority Limited Activities: Is responsible for establishing, maintaining, operating, and managing the collection and disposal of all waste in Tongatapu, including the provision of commercial, industrial, and residential waste collection, and for providing waste management facilities.
Legislation: Waste Management Act 2000.

3.100. (...) Tonga is not a member of the International Union for the Protection of New Varieties of Plants (UPOV) Convention but holds observer status in its Council.