[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
[Help]
Agreement between New Zealand and Singapore on a Closer Economic Partnership (ANZSCEP) |
[Database Search] [Name Search] [Help]
AGREEMENT
BETWEEN NEW ZEALAND AND SINGAPORE ON A
CLOSER ECONOMIC PARTNERSHIP
New Zealand and Singapore (“the Parties”),
Conscious of their longstanding friendship and growing trade and investment
relationship;
Conscious that open, transparent and competitive markets are the key drivers
of economic efficiency, innovation, wealth creation and consumer welfare;
Recognising the importance of ongoing liberalisation of trade in goods and
services at the multilateral level;
Aware of the growing importance of trade and investment for the economies of
the Asia-Pacific region;
Confirming their rights, obligations and undertakings under the Marrakesh
Agreement Establishing the World Trade Organisation, and other multilateral, regional and bilateral agreements and arrangements;
Confirming their commitment to achieving the Asia-Pacific Economic
Cooperation (APEC) goals of free and open trade and investment;
Recognising their commitment to securing trade liberalisation and an outward-
looking approach to trade and investment;
Confirming their shared commitment to trade facilitation through removing or
reducing technical, sanitary and phytosanitary barriers to the movement of goods between New Zealand and Singapore;
Desiring to encourage greater international alignment of standards and
regulations;
Mindful that liberalised trade in goods and services will assist the expansion of
trade and investment flows, raise the standard of living, and create new employment opportunities in their respective territories;
2
Recognising their right to regulate, and to introduce new regulations on the
supply of services and on investment in order to meet national policy objectives;
Conscious that a clearly established and secure framework of rules for trade in
goods and services and for investment will provide confidence to their businesses to take investment and planning decisions, lead to a more effective use of resources, and increase capacity to contribute to economic development and prosperity through international exchanges and the promotion of closer links with other economies, especially in the APEC region;
Recognising the need for good corporate governance and a predictable,
transparent and consistent business environment, so that businesses can conduct transactions freely, use resources efficiently and effectively and obtain rewards for innovation;
Have agreed as follows:
3
PART 1: OBJECTIVES AND GENERAL DEFINITIONS Article 1
Objectives
The objectives of New Zealand and Singapore in concluding this Agreement are:
Article 2
General Definitions
For the purposes of this Agreement:
4
5
PART 2: COMPETITION Article 3
Competition
6
PART 3: TRADE IN GOODS Article 4
Tariffs
Each Party shall eliminate all tariffs on goods originating in the other Party as of the date of entry into force of this Agreement. All tariffs on goods originating in either Party shall remain free after that date.
Article 5
Rules of Origin1
or
(i) the last process of manufacture of the goods was performed in the territory of that Party; and
either
(ii) the expenditure on one or more of the items set out below is not less than 40 per cent of the factory or works cost of such goods in their finished state:
or
1 This Article shall be read in conjunction with the Explanatory Notes contained in Annex 1.
7
or
(iii) where the goods do not contain any other qualifying area content, the expenditure on quality control checking and testing procedures
is not less than 50 per cent of the factory or works cost of the goods in their finished state.
8
(i) shows inadequate evidence of entitlement, the importing Party may disallow the tariff preference that may be available under this Part;
or
(ii) substantiates the claim, the importing Party shall allow preferential entry.
in Article 68, and earlier if so agreed, the Parties undertake to review these rules of origin, including the requirements necessary for goods to benefit from this Agreement, with a view to improving bilateral trade flows.
Article 6
Non-Tariff Measures
9
Article 7
Subsidies2
is determined that serious prejudice to the interests of the other Party is caused
or threatened by any subsidisation, the Party granting the subsidy shall, upon request, discuss with the other Party the possibility of limiting the subsidisation. This paragraph shall be applied in conjunction with the relevant applicable provisions of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the WTO Agreement on Subsidies and Countervailing Measures (WTO SCM Agreement).
WTO SCM Agreement in respect of actionable subsidies4.
Article 8
Safeguard Measures
Neither Party shall take safeguard measures5 against goods originating in the other Party from the date of entry into force of this Agreement.
2 For the purposes of this Agreement, a subsidy is as defined in Article 1.1 of the WTO Agreement on Subsidies and Countervailing Measures.
3 “Export subsidies” means subsidies as defined by Article 3 of the WTO Agreement on Subsidies and Countervailing Measures with the additional provision that, for the purposes of this Agreement, that definition extends also to all agricultural products.
4 “Actionable subsidies” are subsidies referred to as such in the relevant provisions of the WTO
SCM Agreement.
5 “Safeguard measures” means those measures falling within the ambit of the WTO Agreement
on Safeguards.
10
Article 9
Anti-Dumping
of the export price below which no anti-dumping duties can be imposed provided for in Article 5.8 of the WTO Anti-Dumping Agreement is raised
to 5 per cent;
is applied not only in new cases but also in refund and review cases;
of the like product in the importing Party. Existing cumulation provisions under Article 5.8 continue to apply;
of both dumped and non-dumped goods for a reasonable period. Such reasonable period shall normally be at least 12 months;
11
an anti-dumping investigation, it shall give written notice to the other Party
in accordance with Article 12.1 of that Agreement, and observe the requirements of Article 17.2 of that Agreement concerning consultations.
12
PART 4: CUSTOMS PROCEDURES Article 10
Scope
This Part shall apply to customs procedures required for clearance of goods traded between the two Parties, in accordance with their national laws, rules and regulations.
Article 11
General Provisions
to develop mutually beneficial solutions to minimise risks and to maximise opportunities for facilitating customs clearances. In this regard, the Customs administrations shall consider negotiating an arrangement on detailed areas of future co-operation within 1 year from the date of entry into force of this Agreement.
Article 12
Paperless Trading
With a view to implementing the APEC Blueprint for Action on Electronic Commerce, in particular the Paperless Trading Initiative, the Customs administrations of both Parties shall have in place by the date of entry into force
of this Agreement an electronic environment that supports electronic business applications between each Customs administration and its trading community.
13
Article 13
Risk Management
14
PART 5: SERVICES Article 14
General Undertaking
The Parties undertake to expand trade in services on a mutually advantageous basis, under conditions of transparency and progressive liberalisation through successive reviews, with the aim of securing an overall balance of rights and obligations, while recognising the rights of both Parties to regulate, and to introduce new regulations, giving due respect to national policy objectives including where these reflect local circumstances.
Article 15
Scope
do not conform with the provisions of this Agreement, they shall not be used as
a means of avoiding that Party’s commitments or obligations hereunder.
15
Article 16
Definitions
For the purposes of this Agreement:
(i) the purchase, payment or use of a service;
(ii) the access to and use of, in connection with the supply of a service, services which are required by those Parties to be offered to the public generally;
(iii) the presence, including commercial presence, of persons of a Party for the supply of a service in the territory of the other Party;
(i) the constitution, acquisition or maintenance of a legal person; or
(ii) the creation or maintenance of a branch or a representative office;
within the territory of a Party for the purpose of supplying a service;
(i) with reference to a specific commitment, one or more, or all, subsectors of that service, as specified in a Party’s schedule of commitments;
(ii) otherwise, the whole of that service sector, including all of its subsectors;
16
(i) from or in the territory of the other Party, or in the case of maritime transport, by a vessel registered under the laws of the other Party, or by a person of that other Party which supplies the service through the operation of a vessel and/or its use in whole or in part; or
(ii) in the case of the supply of a service through commercial presence
or through the presence of natural persons, by a service supplier of the other Party;
(i) is a national of that other Party; or
(ii) has the right of permanent residence in that other Party, in the case
of a Party which accords substantially the same treatment to its permanent residents as it does to its nationals in respect of measures affecting trade in services, provided that that Party is not obligated to accord to such permanent residents treatment more favourable than would be accorded by the other Party to such permanent residents;
6 Where the service is not supplied directly by a legal person but through other forms of commercial presence such as a branch or a representative office, the service supplier (i.e. the
legal person) shall, nonetheless, through such presence be accorded the treatment provided for
service suppliers under the Agreement. Such treatment shall be extended to the presence through which the service is supplied and need not be extended to any other parts of the supplier located outside the territory where the service is supplied.
17
established formally or in effect by that Party as the sole supplier of that service;
(i) a government, central bank or a monetary authority of a Party or an entity owned or controlled by a Party that is principally engaged in carrying out governmental functions or activities for governmental purposes, not including an entity principally engaged in supplying financial services on commercial terms; or
(ii) a private entity, performing functions normally performed by a central bank or monetary authority when exercising those functions;
(i) from the territory of one Party into the territory of the other Party
(“cross border mode”);
(ii) in the territory of one Party to the service consumer of the other
Party (“consumption abroad mode”);
(iii) by a service supplier of one Party, through commercial presence in the territory of the other Party (“commercial presence mode”);
(iv) by a service supplier of one Party, through presence of natural persons of that Party in the territory of the other Party (“presence of natural persons mode”);
(i) central, regional or local governments and authorities; and
(ii) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;
18
(i) activities conducted by a central bank or monetary authority or by any other public entity in pursuit of monetary or exchange rate policies;
(ii) activities forming part of a statutory system of social security or public retirement plans; and
(iii) other activities conducted by a public entity for the account or with the guarantee or using the financial resources of the Government.
If a Party allows any of the activities referred to in sub-paragraphs (ii) or
(iii) of this paragraph to be conducted by its financial service suppliers in competition with a public entity or a financial service supplier, “services” shall include such activities;
in the territory of one Party but is supplied in the territory of the other
Party.
Article 17
Market Access
7 If a Party undertakes a market-access commitment in relation to the supply of a service through the mode of supply referred to in Article 16(n)(i) and if the cross-border movement of
capital is an essential part of the service itself, that Party is thereby committed to allow such
movement of capital. If a Party undertakes a market-access commitment in relation to the supply
of a service through the mode of supply referred to in Article 16(n)(iii), it is thereby committed to allow related transfers of capital into its territory.
19
of numerical quotas or the requirement of an economic needs test;
a particular service sector or that a service supplier may employ and who are necessary for, and directly related to, the supply of a specific service
in the form of numerical quotas or the requirement of an economic needs test;
Article 18
National Treatment
8 Paragraph 2(c) does not cover measures of a Party which limit inputs for the supply of services.
20
or service suppliers of one Party compared to the like service or service suppliers of the other Party.
or service suppliers.
Article 19
Additional Commitments
The Parties may negotiate commitments with respect to measures affecting trade in services not subject to scheduling under Articles 17 and 18, including those regarding qualifications, standards or licensing matters. Such commitments shall be entered in a Party’s schedule of commitments.
Article 20
Specific Commitments
Annex 2 and shall form an integral part thereof.
21
no later than 1 January 2008 to identify a list of such services sectors and measures. This list shall be set out in an exchange of letters between the Parties. The Parties shall consult on a mutually acceptable solution for these sectors and measures and such consultations shall continue for as long as it takes to achieve that solution. The solution may include agreement on a longer timeframe for liberalisation. This provision shall continue to apply after 1
January 2010.
Article 21
Domestic Regulation
22
and
Article 22
Professional Qualifications and Registration
9Illustrative list of professions:
Professions include, but are not limited to:
Lawyers, legal executives, conveyancers; accountants, auditors, book keepers, tax agents; architects; landscape architects; engineers; doctors; dentists, dental technicians; veterinarians and veterinary nurses; midwives, nurses, physiotherapists and paramedical personnel, including acupuncturists, chiropractors, homeopaths, medical laboratory scientists and technicians, nutritionists, optometrists and dispensing opticians, pharmacists, psychologists, occupational therapists, radiographers, speech therapists; information technology designers, programmers, analysts and technicians; statisticians, surveyors, geologists, geophysicists, cartographers; management consultants; scientific and technical consultants and researchers; educationalists,
at the following levels: preschool, primary, secondary, tertiary, adult and other; environmental services consultants; financial services consultants, actuaries and economists; hospital and residential health facility managers and consultants; airline pilots.
Neither Party is precluded from raising any service supplier’s occupation under this Article.
23
have identified by the date of entry into force of this Agreement priority areas to address with respect to the recognition of professional qualifications or registration. In identifying initial priority areas, the Parties agree to focus on sectors where specific commitments have been undertaken, and subject to the terms, limitations, conditions, or qualifications set out therein. Thereafter the Parties shall endeavour to consider sectors where no specific commitments have been undertaken.
on recognition of professional qualifications or registration in these areas.
(whether accorded unilaterally or by mutual arrangement) or by other recognition arrangements which might be agreed between the Parties.
Article 23
Subsidies
24
Article 24
Monopolies
In sectors where specific commitments have been made, each Party shall ensure that its commitments relating to market access and national treatment pursuant to Articles 17 and 18 are not adversely affected by the actions of a monopoly supplier of a service in its territory.
Article 25
Extension of Benefits
A service supplier of a non-Party that is a legal person constituted under the laws of a Party shall be entitled to treatment granted under this Part provided that it engages in substantive business operations in the territory of one or both Parties.
25
PART 6: INVESTMENT Article 26
Scope and Coverage
Article 27
Definitions
For the purposes of this Agreement :
26
(i) is a national of that other Party; or
(ii) has the right of permanent residence in that other Party, in the case
of a Party which accords substantially the same treatment to its permanent residents as it does to its nationals in respect of measures affecting investments, provided that that Party is not obligated to accord to such permanent residents more favourable treatment than would be accorded by the other Party to such permanent residents;
or
making or having made an investment in the other Party's territory.
Article 28
Most Favoured Nation Status
Except as otherwise provided for in this Agreement, each Party shall accord to investors and investments of the other Party, in relation to the establishment, acquisition, expansion, management, conduct, operation, liquidation, sale, transfer (or other disposition), protection and expropriation (including any compensation) of investments, treatment that is no less favourable than that it accords in like situations to investors and investments from any other State or separate customs territory which is not party to this Agreement.
27
Article 29
National Treatment
Except as otherwise provided for in this Agreement, each Party shall accord to investors and investments of the other Party in relation to the establishment, acquisition, expansion, management, conduct, operation, liquidation, sale, transfer (or other disposition), protection and expropriation (including any compensation) of investments, treatment that is no less favourable than that it accords in like situations to its own investors and investments.
Article 30
Standard of Treatment
Each Party shall accord to investors and investments of the other Party the better of the treatment required by Articles 28 and 29.
Article 31
Repatriation and Convertibility
be made in a freely usable currency at the market rate of exchange prevailing
on the date of transfer with respect to spot transactions in the currency to be transferred.
28
Article 32
Limitations
to the extent that such limitations are inconsistent with those Articles.
Article 33
Subrogation
of an investment or any part thereof makes payment to its own investors in respect of any of their claims under this Part, the other Party acknowledges that the former Party (or any agency, institution, statutory body or corporation designated by it) is entitled by virtue of subrogation to exercise the rights and assert the claims of its own investors. The subrogated rights or claims shall not
be greater than the original rights or claims of such investors.
29
Article 34
Investment Disputes
of Investment Disputes established by the Convention on the Settlement of Investment Disputes between the States and Nationals of Other States done at Washington on 18 March, 1965, provided that the other party does not withhold
its consent under Article 25 of that Convention.
30
PART 7: TECHNICAL, SANITARY AND PHYTOSANITARY REGULATIONS AND STANDARDS
Article 35
Scope
(hereinafter referred to as “regulatory barriers”) to the movement of goods between New Zealand and Singapore for products and/or assessments of manufacturers of products specified in the Product Chapters of Annex 4 on Technical, Sanitary and Phytosanitary Regulations and Standards.
to demonstrate conformity of products and/or manufacturers with its mandatory requirements when the conformity assessment activities are undertaken by conformity assessment bodies designated by the other Party in accordance with this Part i.e. mutual recognition of conformity assessment; or
31
The Product Chapters may provide for unilateral recognition of products and/or assessments of manufacturers of products which are in compliance with the exporting Party’s mandatory requirements and are intended by that Party for export only and not for domestic supply or use.
Article 36
Definitions
All general terms concerning standards and conformity assessment used in this Part shall have the meaning given in the definitions contained in the International Organisation for Standardisation/International Electrotechnical Commission (ISO/IEC) Guide 2:1996 “General terms and their definitions concerning standardisation and related activities” published by the ISO and IEC, unless the context otherwise requires. In addition, for the purpose of this Part and Annex 4, unless a more specific meaning is given in a Product Chapter:
and post-market assessments of conformity;
32
(i) any transfer of the whole property in any product;
(ii) any transfer of possession of any product, whether or not under an agreement for sale;
(iii) any transfer by way of a gift of a product made in the course or furtherance of any business;
33
(iv) any transfer by way of a gift to an actual or potential customer of any business of an industrial or commercial sample in a form not ordinarily available for supply to the public;
(v) any transfer by way of barter and exchange;
(vi) any transfer by way of distribution, wholesale, retail, lease, hire or hire-purchase;
Article 37
Establishment of a Work Programme
or reducing regulatory barriers to the movement of goods between the
Parties;
to the removal or reduction of regulatory barriers in the agreed priority sectors; and
34
Article 38
Mechanisms for Joint Review
As part of the reviews of this Agreement provided for in Article 68, the Parties shall review, at least every 2 years, the implementation of this Part for the purpose of:
(i) adding new Product Chapters; and/or
(ii) increasing the scope of existing Product Chapters with the view to establishing mutual recognition of equivalence of mandatory requirements in the Product Chapters; and
Article 39
Origin
For the avoidance of doubt, this Part applies to products and/or assessments of manufacturers of products of the Parties as specified in the Product Chapters regardless of the origin of those products.
Article 40
Mutual Recognition of Equivalence of Mandatory Requirements
Coverage
35
Applicability
of a product;
(i) the contractual aspects of the supply of the products;
(ii) the registration of sellers;
(iii) the requirements for business franchise licences;
(iv) the persons to whom products may or may not be supplied; and
(v) the circumstances in which the products may or may not be supplied;
or
to the supply of products and the laws apply equally to products produced
in or imported under the laws of the Parties and so long as they are directed at matters affecting, inter alia, human health or safety, animal or plant life or health, or the environment.
36
Article 41
Coverage
Mutual Recognition of
Conformity Assessment
of products, and their mandatory requirements as may be specified in the
Product Chapters.
General Obligations
by the other Party in accordance with this Article are competent to undertake the conformity assessment activities necessary to demonstrate compliance with
its mandatory requirements.
to demonstrate conformity of products and/or manufacturers with its mandatory requirements when the conformity assessment activities are undertaken by conformity assessment bodies designated by Singapore’s designating authorities in accordance with this Article.
37
assessment by the importing Party to demonstrate compliance with its own mandatory requirements.
Designating Authorities
of the other Party to ensure the maintenance of confidence in conformity assessment processes and procedures. This consultation may include joint participation in audits related to conformity assessment activities or other assessments of designated conformity assessment bodies, where such participation is appropriate, technically possible and within reasonable cost.
Designation of Conformity Assessment Bodies
38
of a non-Party shall be acceptable for designation by the Parties where there are no conformity assessment bodies designated in the territory of a Party and the other Party agrees to such designation.
Suspension and Withdrawal of Conformity Assessment Bodies
39
designating authority for the relevant scope of designation from the time its technical competence or compliance is challenged, until either:
or withdrawal shall remain valid for acceptance for the purposes of paragraphs
3 and 4 unless otherwise agreed by the Parties.
Article 42
Mutual Recognition of
Equivalence of Standards
Where regulatory compliance is required and where there is equivalence of outcomes, each Party shall accept the standards of the other Party as equivalent to its own corresponding standards.
Article 43
Exchange of Information
40
Article 44
Preservation of Regulatory Authority
Article 45
Confidentiality
41
PART 8: GOVERNMENT PROCUREMENT Article 46
Establishment of a Single Market
Article 47
Scope and Coverage
at the date of reviews of the operation of this Agreement held in accordance with Article 68.
42
to award contracts in accordance with particular requirements, Article 49 shall apply mutatis mutandis to such requirements.
Article 48
Definitions
For the purposes of this Part:
“goods” for this purpose. “Related services”' means but is not limited to services provided in conjunction with the supply of goods or construction activities (such as architectural design, engineering, project design, project management and related consultancy services);
10 At the request of New Zealand, Singapore confirms that there shall be no discrimination in terms of government procurement of services in favour of corporate entities where the Singapore Government is the majority shareholder or has a special share as defined in Annex 2.
43
where the Parties exercise their discretion to determine that this Part shall apply. In the case of regional or local governments or authorities, and in the case of procurement of services by non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities, the Parties shall use their best endeavours to encourage wider application of this Part, consistent with good commercial practice, to procurement by all such governments, authorities and bodies;
in accordance with Part 5) or suppliers of goods wholly produced or obtained or partly manufactured in New Zealand or Singapore. Whether a good is wholly produced or obtained or partly manufactured in New Zealand or Singapore shall be determined in accordance with Article 5;
Article 49
General Principles
Except as provided otherwise in this Part, the Parties shall:
Part;
44
of procurement policies, practices and procedures.
Article 50
Valuation of Contracts
Article 51
Rules of Origin
A Party shall not apply rules of origin to goods or services imported or supplied from the other Party, for purposes of government procurement, which are different from the rules of origin applied in the normal course of trade and at the time of the transaction in question to imports or supplies of the same goods or services from that other Party.
Article 52
Procurement Procedures
45
are applied in a manner consistent with this Part, the APEC Non-Binding
Principles on Government Procurement, and good commercial practice.
be advertised in a publicly accessible medium; and in cases of procurement by selective invitation to tender, prior calls to prequalify or register interest shall be advertised in a publicly accessible medium.
on request by New Zealand/Singapore suppliers information on contract awards, including the name of the supplier, the goods or services supplied and value of the contract award, unless the release of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular enterprises, public or private, or might prejudice fair competition between suppliers.
all stages of their procurement procedures, and endeavour to provide the information specified in paragraphs 2 and 3 for all government bodies from a single point of access through a public medium, such as the Internet.
Article 53
Prohibition of Offsets
or similar requirements.
46
Article 54
Disputes between a Supplier and the Procuring Government Body
of Part 10 shall apply. A Party shall be entitled by subrogation to exercise the rights and assert the claims of its own supplier against the other Party. The subrogated rights or claims shall not be greater than the original rights or claims
of that supplier.
Article 55
Exemptions
47
certain government bodies, for certain classes of procurement, and for procurement undertaken in accordance with specific government policies.
It is not intended, however, that any government body shall be granted full exemption from the requirements of this Part. When considering applications for partial exemptions, the Parties shall exercise their authority with due diligence in accordance with the objectives of this Part.
48
Article 56
Administration and Review
or other cooperation, and the reviews referred to in paragraph 1.
49
PART 9: INTELLECTUAL PROPERTY Article 57
Intellectual Property
The Parties agree that the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights shall govern and apply to all intellectual property issues arising from this Agreement.
50
PART 10: DISPUTE SETTLEMENT Article 58
Scope and Coverage
Article 59
Consultations
it.
51
of consultations on the same basis as the Party providing the information.
Article 60
Good Offices, Conciliation or Mediation
Article 61
Appointment of Arbitral Tribunals
52
WTO who shall appoint the chair of the arbitral tribunal within a further 30 days and the chair shall, upon appointment, request the Party which has not appointed an arbitrator to do so within 14 days. If after such period that Party has still not appointed an arbitrator, the chair shall inform the Director-General
of the WTO who shall make this appointment within a further 30 days.
or published on international trade law or policy, or served as a senior trade policy official of a Member of the WTO. The Parties recognise that the arbitral tribunal should be composed of individuals of relevant technical or legal expertise.
Article 62
Functions of Arbitral Tribunals
its deliberations.
Article 63
Proceedings of Arbitral Tribunals
53
A Party shall treat as confidential information submitted by another Party to the arbitral tribunal which that Party has designated as confidential. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of a Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public.
of their oral statements.
by the arbitral tribunal, shall be made available to the other Party.
54
Article 64
Termination of Proceedings
The Parties may agree to terminate the proceedings of an arbitral tribunal in the event that a mutually satisfactory solution to the dispute has been found.
Article 65
Implementation
be mutually determined by the Parties and shall not exceed 12 months from the date of the arbitral tribunal’s report, unless the Party concerned advises the other Party that primary legislation shall be required, in which case the reasonable period of time shall not exceed 15 months from such date.
so requested, and not later than the expiry of the reasonable period of time, enter into negotiations with the Party having invoked the dispute settlement procedures with a view to reaching a mutually satisfactory resolution.
(i) the Party which has invoked the dispute settlement procedures should first seek to suspend benefits in the same sector or sectors as that affected by the measure or other matter that the arbitral tribunal has found to be inconsistent with this Agreement or to have caused nullification or impairment; and
(ii) the Party which has invoked the dispute settlement procedures may suspend benefits in other sectors if it considers that it is not practicable or effective to suspend benefits in the same sector.
55
Article 66
Expenses
Unless the arbitral tribunal decides otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of its members, shall be borne by the Parties in equal shares.
56
PART 11: GENERAL PROVISIONS Article 67
Application
Agreement and shall take such reasonable measures as may be available to it
to ensure their observance by regional and local governments and authorities, and, in respect of trade in services under Part 5, by non-governmental bodies
(in the exercise of powers delegated by central, regional or local government or authorities) within its territory.
be available to it to ensure its observance. The provisions of Part 10 relating to the suspension of the application of benefits of equivalent effect shall apply in cases where it has not been possible to secure such observance.
Procurement.
Article 68
Review
Agreement in 2005.
57
Article 69
Transparency
Article 70
Business Law
With a view to facilitating business through addressing issues of common interest in relation to business law, the Parties shall exchange information on their respective business laws as a first step in identifying issues for attention and consideration of an appropriate ongoing process for addressing these issues.
58
Article 71
General Exceptions
Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Party or as a disguised restriction on trade in goods and services or investment, nothing in this Agreement shall preclude the adoption by any Party of measures in the exercise of its legislative, rule-making and regulatory powers:
11 Illustrative list of “creative arts”: the creative arts, including ngä toi Mäori (Mäori arts), comprise a range of art forms and disciplines including: dance, music, theatre, haka, waiata and other performing arts; visual arts, such as painting, sculpture, craft arts, whakairo (carving), raranga (weaving), tä moko; literature; film and video; language arts and new media. Cross- disciplinary arts activities that incorporate more than one art form are also included.
The term encompasses those activities involved in the presentation, execution and interpretation
of the arts; and the study and technical development of these art forms and activities.
59
Article 72
Movement of Natural Persons
by a service supplier of a Party, in respect of the supply of a service.
a specific commitment shall be allowed to supply the service in accordance with the terms of that commitment.
commitment12.
Article 73
Measures to Safeguard the Balance of Payments
in services on which it has undertaken specific commitments, including on payments or transfers for transactions related to such commitments. In the case of investments, a Party may adopt or maintain restrictions with regards to payments relating to the transfer of proceeds from investment.
12 The sole fact of requiring a visa for natural persons shall not be regarded as nullifying or impairing benefits under a specific commitment.
60
Monetary Fund;
Article 74
Treaty of Waitangi
be subject to the dispute settlement provisions of this Agreement. Part 10 shall otherwise apply to this Article. An arbitral tribunal appointed under Article 61
61
may be requested by Singapore to determine only whether any measure
(referred to in paragraph 1) is inconsistent with its rights under this Agreement.
Article 75
Critical Shortages
Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Party or as a disguised restriction on trade in goods and services or investment, nothing in this Agreement shall preclude the adoption by Singapore of measures it deems necessary to prevent
or relieve a critical shortage or threat thereof of any such imports deemed or defined as essential to Singapore under its domestic laws and regulations, and where the situation referred to gives rise, or is likely to give rise, to major difficulties for Singapore, provided that such measures shall, if Singapore deems fit, be discontinued as soon as the conditions giving rise to such measures have ceased to exist.
Article 76
Security
Nothing in this Agreement shall be construed:
of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment, and any action taken in time of war or other emergency in domestic or international relations;
or
62
Article 77
Disclosure of Information
Nothing in this Agreement shall be construed to require either Party to furnish
or allow access to information the disclosure of which it considers:
Article 78
Taxation
The provisions of this Agreement shall not apply to any taxation measure.
“Taxation measure” means any measure imposing direct or indirect taxes including excise duties as defined by the domestic laws of the Parties so long
as these duties are not used for the purpose of protecting the domestic industry
of the Party imposing the duties.
Article 79
Association with the Agreement
or separate customs territory.
in particular with respect to timetables for liberalisation.
63
Article 80
Obligations under other International, Regional or Bilateral Agreements
Nothing in this Agreement shall be regarded as exempting either Party to this Agreement from its obligations under any international, regional or bilateral agreements to which it is a party and any inconsistency with the provisions of this Agreement shall be resolved in accordance with the general principles of international law.
Article 81
Preferences under other Agreements
to the other Party the benefit of any treatment, preference or privilege arising from any existing or any future customs union, free trade area, free trade arrangement, common market, monetary union or similar international agreement or other forms of bilateral or regional cooperation to which either of the Parties is or may become party; or as preventing the adoption of an agreement designed to lead to the formation or extension of such a union, area
or arrangement or market.
Article 82
Amendments
This Agreement may be amended by agreement in writing by the Parties and such amendments shall come into force on such date or dates as may be agreed between them.
64
Article 83
Annexes
The Annexes to this Agreement, including any Appendices thereto, shall be an integral part of this Agreement.
Article 84
Entry into Force, Duration and Termination
written notice to the other Party.
IN WITNESS whereof the undersigned, duly authorised, have signed this
Agreement.
DONE in duplicate at Singapore this 14th day of November, 2000.
For Singapore: For New Zealand:
Mr Goh Chok Tong Rt Hon Helen Clark
Prime Minister Prime Minister
65
ANNEX 1
RULES OF ORIGIN
Explanatory Notes
General
Words and terms used in Article 5 shall be interpreted in accordance with the following Notes.
The following classes of goods are deemed to originate in a Party:
Section 1
Wholly Produced or Obtained
Goods wholly produced or obtained in a Party shall be taken as originating in that Party. The following only shall be taken to be produced or obtained wholly
in a Party:
(f);
66
(Note: Packing materials (including labels) and packing containers in which the
goods are packed shall be disregarded for the purposes of establishing whether
or not the goods are wholly obtained or produced.)
Section 2
Goods Partly Manufactured
For the purposes of Article 5, “materials”, including inner containers, means all inputs into the manufacturing process (other than those materials treated as overheads) used or consumed in the production of the finished goods, in the form in which they are received at the factory or works from a domestic or foreign supplier.
For the purposes of Article 5(1)(b)(ii)(A), originating materials and the qualifying expenditure thereof shall be:
to the other Party, qualifying expenditure shall be treated as wholly of
Singapore or New Zealand origin;
or
67
5(1)(b), in calculating the expenditure on a material incorporated in a final product for export from one Party to the other Party, the cost of that material shall be taken as:
(i) wholly of qualifying area content: if a material has or is deemed to have 40 percent or more area content (meaning originating in the territory of one or both Parties), then 100 per cent of the expenditure on that material shall be taken as qualifying content of the final good;
(ii) partly of qualifying area content: if the material has less than 40 percent area content, qualifying area content shall be in direct proportion to the actual area content ( e.g. if a material has 15 per cent area content, then 15 per cent of the expenditure shall be included as qualifying content of the final good).
Paragraph 2(b)(i) does not apply where a last process of manufacture of a material takes place outside the territory of the Parties and that material is subsequently received or acquired by a factory or works in the territory of one of the Parties. In this circumstance, the qualifying expenditure on the intermediate processed material shall be the cost of the material to the factory or works, excluding the cost of any material, or processes, not originating in the Parties.
For the purposes of qualification as the manufacture of one of the Parties, quality control checking and testing procedures shall be regarded as the last process of manufacture subject to the following conditions:
Chapter 39: 3926.20, ex 3926.90 (NZ tariff item 3926.90.01);
Chapter 40: 4015.11, 4015.19, 4015.90;
Chapter 42: 42.03;
Chapter 43: 43.03, 43.04;
Chapter 48: 4818.50;
Chapters 50-65 inclusive;
Chapter 70: 70.19;
Chapter 94: 9404.21, 9404.29, 9404.30, 9404.90;
Chapter 96: 9606.21, 9606.22, 9606.29, 9606.30, 96.07;
the quality control checking and testing element as the last process of
68
manufacture of the good shall be equivalent to at least 8 per cent of the factory or works cost of the final product when exported from one Party to the other Party;
(i) the costs of freight, insurance, packing and all other costs incurred in transporting such materials into the factory or works shall be added, whether or not those costs have been incurred by the manufacturer;
(ii) any such supply shall be treated as if it were purchased by the manufacturer;
(iii) the above provisions may be applied to any earlier supply if necessary;
69
Expenditure under this heading comprises the following labour costs incurred in connection with manufacturing:
(i) Skills Development Fund contributions;
(ii) Foreign Worker Levies;
(iii) contributions under the Workmen’s Compensation Scheme;
(iv) management of the process of manufacture;
(v) receipt of materials;
(vi) handling and storage of materials and goods within the factory or works;
(vii) supervision;
(viii) training;
(ix) quality control;
(x) packing into containers (including inner containers and shipping and airfreight containers) within the factory or works.
Subject to paragraphs (p) to (x) below, expenditure under this heading comprises the following costs incurred in connection with manufacturing:
70
a fringe benefits tax payable on a cost specified under paragraphs 5 and
6.
Expenditure under this heading does not include the following:
of providing executive, financial, sales, advertising, marketing, accounting and legal services, and insurance;
71
Section 3
Definitions
For the purpose of these Notes:
of manufacture of the goods occurs;
or works, means expenditure that is incurred directly by the manufacturer
in the production of the goods, or expenditure which can reasonably be allocated to the production of the goods. Such expenditure is determined
in accordance with paragraphs 3, 4, 5 and 6 of Section 2 of these Notes;
72
or consumed in the production of the finished good, in the form in which they are received at the factory or works;
Section 4
Additional Notes
in some cases, fall within qualifying expenses.
73
ANNEX 2
SERVICES COMMITMENTS
ANNEX 2.1
Schedule of Commitments: New Zealand
Consistent with the objectives of this Agreement to liberalise trade in services and support the APEC Bogor goals, and in the interests of facilitating a clear understanding of the nature of services trade commitments made under this Agreement for business users and the wider public, New Zealand has adopted
a sui generis, plain language, approach to scheduling its services specific commitments. Where further clarification regarding the coverage of a specific services commitment is required - i.e. beyond that provided in the sectoral heading or sub-heading - this is set out clearly in parentheses below in a section entitled “coverage”.
Unless otherwise specified, there is no residency requirement attached to registration in those services sectors where New Zealand has made specific commitments.
The modes of supply referred to in this schedule are:
Cross border mode : the supply of a service from the territory of one Party into the territory
of the other Party
Consumption abroad mode : the supply of a service in the territory
of one Party to the service consumer of the other Party
Commercial presence mode : the supply of a service by a service supplier of one Party, through commercial presence in the territory
of the other Party
Presence of natural persons mode : the supply of a service by a service supplier of one Party, through presence of natural persons of that Party in the territory of the other Party
74
All Sectors
Presence of Natural Persons
No commitments other than on certain categories of intra-corporate transferees
(i.e. natural persons employed by a service supplier of the other Party supplying services through a commercial presence) and business visitors as defined below. For intra-corporate transferees the following conditions apply:
Executives and senior managers (i.e. senior employees of an organisation who have been employed for at least 12 months prior to proposed transfer to New Zealand and who are responsible for the entire or a substantial part of an organisation’s operations in New Zealand and receive general supervision or direction from higher level executives, board directors or stockholders): an initial period of stay of up to 3 years;
Specialist and/or senior personnel (i.e. persons being transferred to undertake
a specific or specialist task at senior level within the company): an initial period
of stay of up to 12 months;
Specialist personnel (i.e. natural persons who have been employed by an organisation for at least 12 months prior to proposed transfer to New Zealand and who possess trade, technical or professional skills responsible for a particular aspect of an organisation’s operations in New Zealand): an initial period of stay of up to 3 years;
Installers and servicers (i.e. installers and servicers of machinery /equipment where such installation or servicing is a condition of the purchase of the machinery/equipment): for periods of stay not exceeding 3 months in any 12 month period.
For business visitors (i.e. service sellers representing a service supplier of the other Party seeking temporary entry to negotiate for the sale of services where these do not involve direct sales to the general public) the following conditions apply: for a period or periods not exceeding 3 months in any calendar year.
Overseas Investment
National treatment in the establishment of commercial presence is subject to
the Overseas Investment Regulations 1995, issued under the Overseas
Investment Act 197313. These provide that Overseas Investment Commission
(OIC) approval is required for the following investments by an overseas person:
13 The OIC, in determining whether to grant approval, acts in accordance with a screening regime (a non-legally binding description of which is contained in Annex 3 on Investment Limitations) which may be adjusted or replaced from time to time by New Zealand Government legislation, regulation or policy setting.
75
No commitment to national treatment concerning enterprises currently in State ownership.
Sector-Specific Commitments
BUSINESS SERVICES
Professional Services
Legal Services
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply. Accounting, Auditing and Bookkeeping Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Taxation Preparation Services
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply.
76
Architectural Services
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply. Engineering Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Integrated Engineering Services
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply. Urban Planning and Landscape Architectural Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Dental Services
No market access limitations in the consumption abroad or commercial
of supply and national treatment in the cross border, commercial presence and presence of natural persons modes of supply is limited to registered dentists who must satisfy the relevant registration board that they intend to reside and practise in New Zealand.
Veterinary Services
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply.
Computer And Related Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
77
Research And Development Services
Research and Development Services on Social Sciences and Humanities
except Research and Development Services undertaken by State-Funded
Tertiary Institutions
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply.
Real Estate Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Rental/Leasing of Equipment Without Crew
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Other Business Services
Advertising Services
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply. Market Research and Public Opinion Polling Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Management Consulting Services
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply. Services Related to Management Consulting
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
78
Technical Testing and Analysis Services
(Coverage: testing and analysis services of physical properties, testing and
analysis services of integrated mechanical and electrical systems)
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Services Incidental to Agriculture, Hunting and Forestry
(Coverage: services incidental to animal husbandry covered in next entry)
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Services Incidental to Animal Husbandry
No market access or national treatment limitations in the cross border or
consumption abroad modes of supply. Market access in the commercial presence mode of supply is subject to the Herd Testing Regulations under the Dairy Board Act 1961 which restrict the provision of herd testing services to providers licensed by the New Zealand Dairy Board. The number of licences may be limited.
Services Incidental to Manufacturing
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply. Placement and Supply Services of Personnel
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Investigation and Security Services
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply. Related Scientific and Technical Consulting Services
(Coverage: subsurface surveying services, surface surveying services, and mapmaking services excluding cadastral surveying services)
No market access or national treatment limitations in the consumption abroad
or commercial presence modes of supply. Supply of services cross border is not technically feasible.
79
Maintenance and Repair of Equipment (not including Maritime Vessels, Aircraft
or other Transport Equipment)
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply. Building Cleaning Services
No market access or national treatment limitations in the consumption abroad
or commercial presence modes of supply. Supply of services cross border is not technically feasible.
Photographic Services
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply. Packaging Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Printing Services
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply. Convention Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Translation and Interpretation Services
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply. Interior Design Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Exhibition Management Services
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply.
80
COMMUNICATIONS SERVICES
Courier Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Telecommunications Services
No market access limitations in the cross border, consumption abroad or commercial presence modes of supply. No national treatment limitations in the cross border or consumption abroad modes of supply. National treatment in the commercial presence mode of supply is subject, in the case of the Telecom Corporation of New Zealand Limited, to the Articles of Association of that corporation which limit the shareholding by any single overseas entity to 49.9 per cent and require that at least half of the Board of Directors be New Zealand citizens.
Audio-visual Services
Motion Picture Projection Services
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply.
CONSTRUCTION AND RELATED ENGINEERING SERVICES
(Coverage: general construction work for buildings, civil engineering, installation and assembly work, building completion and finishing work, site preparation, new construction (other than pipelines), and maintenance and repair of fixed structures)
No market access or national treatment limitations in the consumption abroad
or commercial presence modes of supply. Supply of services cross border is not technically feasible.
DISTRIBUTION SERVICES
Commission Agents’ and Wholesale Trade Services
(Coverage: commission agents’ services (excluding agricultural raw materials, live animals, food products, beverages, tobacco and wool), wholesale trade services (excluding agricultural raw materials, live animals, food products, beverages, tobacco and wool))
81
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Retail Trade Services
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply. Franchising
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
EDUCATION SERVICES
(Coverage: primary, secondary and tertiary education in private institutions)
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply14.
ENVIRONMENTAL SERVICES
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
FINANCIAL SERVICES
Banking and other Financial Services (excluding Insurance)
Banking and other financial services (excluding insurance) referred to in these
commitments are understood to include:
14 Specific commitments on market access and national treatment through any mode of supply shall not be construed to confer recognition of university degrees for the purposes of admission,
registration and qualification for professional practice in New Zealand.
82
(i) money market instruments (including cheques, bills, certificates of deposits);
(ii) foreign exchange;
(iii) derivative products including, but not limited to, futures and options;
(iv) exchange rate and interest rate instruments, including products such as swaps, forward rate agreements;
(v) transferable securities;
(vi) other negotiable instruments and financial assets, including bullion;
services related to such issues;
National treatment in the commercial presence mode of supply is subject to the provisions of the Financial Reporting Act 1993 and the Companies Act 1993. These Acts require overseas companies to prepare financial statements on an annual basis comprising a balance sheet, a profit and loss statement and (if required by an applicable financial reporting standard approved by the Accounting Standards Review Board) a statement of cash flows. The Acts also require such financial statements in relation to an overseas company's New Zealand business. The Acts require the following companies to deliver annual audited financial statements to the Registrar of Companies for registration: (a)
83
issuers (ie those which have raised investment from the public); (b) overseas companies; (c) subsidiaries of companies or bodies corporate incorporated outside New Zealand; (d) companies in which 25 per cent or more of the shares are held or controlled by: (i) a subsidiary of a company or body corporate incorporated outside New Zealand or a subsidiary of that subsidiary; (ii) a company or body corporate incorporated outside New Zealand; or (iii) a person not ordinarily resident in New Zealand.
Commitments in the cross-border mode of supply for insurance and insurance- related services are limited to:
insurance of risks relating to maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance
to cover any or all of the following: the goods being transported, the vehicle transporting them and any liability arising therefrom, and goods in international transit;
reinsurance and retrocession and services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services.
Commitments in the consumption abroad mode of supply for insurance and insurance–related services are limited to:
life insurance;
insurance of risks relating to maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance
to cover any or all of the following: the goods being transported, the vehicle transporting them and any liability arising therefrom, and goods in international transit;
reinsurance and retrocession and services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services.
Commitments in the cross-border mode of supply for banking and other financial services (excluding insurance) are limited to:
Commitments in the consumption abroad mode of supply for banking and other financial services (excluding insurance) cover:
financial services as indicated in paragraphs (a)-(l) above.
84
Insurance and Insurance-Related Services
For life insurance, reinsurance and retrocession and services auxiliary to
insurance, no market access or national treatment limitations in the commercial presence mode of supply.
For non-life insurance, market access and national treatment in the cross border mode of service supply is subject to the following limitation:
Compulsory worker’s compensation insurance via levies on vehicle owners, employers, employees and the self-employed is provided solely by the Accident Compensation Corporation.
For non-life insurance, market access and national treatment in the commercial presence mode of supply is subject to the following limitations:
by regulation;
a levy to recover the premium amount of this insurance.
For insurance intermediation services, market access and national treatment in the cross border mode of supply is subject to the following limitation:
Compulsory worker’s compensation insurance via levies on vehicle owners, employers, employees and the self-employed is provided solely by the Accident Compensation Corporation.
For insurance intermediation services, market access and national treatment in the commercial presence mode of supply is subject to the following limitations:
85
No commitment on the marketing and sale of insurance and insurance intermediation services for the following products: agricultural, horticultural and market gardening products, live animals and animal products, meat and meat products, vegetables, fruit, animal and vegetable oils, dairy products, other food products and wool.
Banking and Other Financial Services
No market access or national treatment limitations in the commercial presence
mode of supply.
HEALTH RELATED AND SOCIAL SERVICES Other Human Health Services
Ambulance Services and Residential Health Facilities Services other than
Hospital Services
No market access limitations in the consumption abroad or commercial
presence modes of supply. Supply of services cross border is not technically feasible.
TOURISM AND TRAVEL-RELATED SERVICES
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
RECREATIONAL, CULTURAL AND SPORTING SERVICES
Archive Services (excluding “Public Archives” as defined in the Archives Act
1957)
No market access or national treatment limitations in the cross-border,
consumption abroad or commercial presence modes of supply.
Sports and Recreational Services (excluding Gambling and Betting Services)
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply.
86
TRANSPORT SERVICES
Maritime Transport Services
No commitment on apples, pears, kiwifruit, dairy products and hops. International Transport of Freight and Passengers (excluding Cabotage)
No market access or national treatment limitations in the cross border or consumption abroad modes of supply. No commitment on the establishment of
a registered company for the purpose of operating a fleet under the New Zealand flag in the commercial presence mode of supply. No commitment on ships’ crews in the presence of natural persons mode of supply.
Maritime Agency Services, Maritime Brokerage Services and International
Towage
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply. Certain Port Services
(Coverage: pilotage, towing and tug assistance, provisioning, fuelling and watering, garbage collecting and ballast waste disposal, port captains’ services, navigation aids, emergency repair facilities, anchorage, other shore-based operational services essential to ship operations, including communications, water and electrical supplies)
No commitments on market access or national treatment. No measures shall
be applied which deny international maritime transport suppliers reasonable and non-discriminatory access to the above port services.
Air Transport Services
Sales and Marketing of Air Transport Services
Apart from the following products, no market access or national treatment
limitations in the cross border, consumption abroad or commercial presence modes of supply.
No commitment on apples, pears, kiwifruit, dairy products and hops.
87
Computer Reservation System Services
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply.
Rail Transport
(Coverage: passenger, freight, and pushing and towing services)
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Road Transport
(Coverage: commercial road transport services: passenger, freight (excluding mail), rental and vehicle recovery)
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Pipeline Transport
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Services Auxiliary to All Modes of Transport
No commitment on apples, pears, kiwifruit, dairy products and hops. Storage and Warehousing Services
No market access or national treatment limitations in the consumption abroad mode of supply. No market access or national treatment limitations for storage and warehousing services for land and maritime transport in the commercial presence mode of supply. Supply of storage and warehousing services cross border is not technically feasible.
Freight Forwarding Services
No market access or national treatment limitations in the cross border,
consumption abroad or commercial presence modes of supply.
88
ANNEX 2
SERVICES COMMITMENTS
ANNEX 2.2
Schedule of Commitments: Singapore
Cover note
CPC
With the exception of telecommunications services, archive services, other
maritime auxiliary services and financial services, the classification of services sectors shall be based on the 1991 provisional Central Product Classification of the United Nations Statistical Office. The ordering shall reflect the services sectoral classification list as used in GATT document MTN.GNS/W/120 dated
10 July 1991. The use of “ ** ” against individual CPC codes indicates that the specific commitment for that code shall not extend to the total range of services covered under that code.
The definitions for telecommunications services, archive services, other maritime auxiliary services and financial services shall be as stated in the schedule of specific commitments for these services.
Format for Scheduling
The scheduling of specific commitments shall follow the guidelines stated in
MTN.GNS/W/164/Add.1 dated 30 November 1993.
Scheduling of Measures Relating to both Market Access and National
Treatment
Measures inconsistent with both Articles 17 and 18 have been inscribed in the
column relating to Article 17. The inscription shall also be considered a qualification to Article 18.
Supply of Services which are not Technically/Technologically Feasible
Except for telecommunications services, the entry “ Unbound* ” means
unbound due to lack of technical/technological feasibility.
89
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
Horizontal Commitments
ALL SECTORS
INCLUDED IN THIS SCHEDULE
(see below)
to managers, executives and specialists, as defined below,
who are employees of firms that provide services within Singapore through
a
branch, subsidiary, or affiliate established in Singapore and who have been in
the prior employ of
90
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
their firms outside Singapore for a period of not less than 1 year immediately preceding the date of their application for admission and who are one of the following:
a) Managers – persons within an organisation who primarily direct the organisation, or a department or sub-division of
the organisation, supervise and control the work of other supervisory, professional or managerial employees,
have the authority to hire and fire or recommend hiring, firing, or other personnel actions (such as promotion or leave authorisation), and exercise discretionary authority over
Limitations on
national treatment
Additional
commitments
91
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
day-to-day operations. Does not include first-line supervisors, unless the employees supervised are professionals, nor does it include
employees who primarily perform tasks necessary for the provision of the service.
b) Executives – persons within the organisation who primarily direct the management of the organisation, exercise wide latitude in decision-
making, and receive only general supervision or direction from higher-level executives, the board of directors, or stockholders of the business. Executives would not
Limitations on
national treatment
Additional
commitments
92
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
directly perform tasks related to the actual provision of the service or services of the organisation.
c) Specialists - persons within an organisation who possess
knowledge at an advanced level of expertise and who possess proprietary knowledge of
the organisation's service, research equipment, techniques, or management.
(Specialists may include, but are not limited to, members of licensed professions.)
Entry for these intra-corporate transferees is limited to a three year period
that may be extended for up to 2
additional years for a total term not to
Limitations on
national treatment
Additional
commitments
93
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
exceed 5 years.
For business visitors (i.e. service
sellers representing a service
supplier
of the other Party seeking temporary entry to negotiate for the sale
of services where these do not
involve direct sales to the general public)
the
following conditions apply: visitors
would be granted an initial stay
of up to 1 month upon arrival. The stay may be extended up to a maximum
of 3
months, upon request.
Limitations on
national treatment
Additional
commitments
presence, right of establishment and movement of juridical persons are subject to
compliance with the following
provisions:
- a foreigner who wishes to register a business firm must have a
94
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
local manager who should be a Singapore citizen or a Singapore permanent resident or a Singapore Employment Pass holder.
(However, a foreigner who is a Singapore permanent resident or a Singapore Employment Pass holder can register a business
without appointing a local manager.)
- at least 1 director of the company must be locally resident
- all branches of foreign companies registered in Singapore must have at least 2 locally resident agents. (To qualify as locally resident, a person should
be either a
Additional
commitments
95
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Singapore citizen or Singapore permanent resident or Singapore Employment Pass holder.)
Additional
commitments
commitments in market access in any sector or subsector, through any mode of
delivery, shall not be construed to
override the limitations established in the financial services sector
presence in terms of Article 17(2)(f) unbound for corporate entities where the
Singapore Government is the majority shareholder or has a special share. The term
‘special share’ whether created by a corporate entity’s articles of
association, or by
domestic law or administrative
presence unbound
for corporate entities where
the
Singapore Government is the majority shareholder or has a special share.
The term
‘special share’ whether created by a corporate
entity’s articles of association, or by domestic law
or
administrative
action, includes a paid-up share or
96
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
action, includes a paid-up share or any other share
(whether ordinary,
equity or otherwise) and any share that has special voting
or veto rights in
respect of or entitles the holder to give or withhold consent or object to:
(i) the disposal of the whole or substantial part of the corporate entity's undertaking;
(ii) the acquisition by any person
of any specified percentage of the issued
share capital of the corporate entity;
(iii) the appointment of the board of directors, management and/or executive staff
of the corporate entity;
(iv) the winding up or dissolution of the corporate
Limitations on
national treatment
any other share
(whether ordinary, equity or otherwise) and any share that
has special voting
or veto rights in respect of or entitles the holder to
give or withhold consent or object to:
(i) the disposal of the whole or substantial part of the corporate entity's undertaking;
(ii) the acquisition by any person
of any specified percentage of the issued
share capital of the corporate entity;
(iii) the appointment of the board of directors, management and/or executive staff
of the corporate entity;
(iv) the winding up or dissolution of the corporate entity; or
(v) any
change to
Additional
commitments
97
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
entity; or
(v) any change to the memorandum of association and/or articles of association of a corporate
entity relating to the issue, ownership, transfer, cancellation
and acquisition of shares of the corporate
entity, appointment and dismissal of the board of directors, management and/or executive staff
of the corporate entity.
Limitations on
national treatment
the memorandum of association and/or articles of association of a corporate
entity relating to the issue, ownership, transfer, cancellation
and acquisition of shares of the corporate entity, appointment
and dismissal of the board of directors, management and/or
executive staff
of the corporate entity.
Additional
commitments
98
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
Sector Specific Commitments
1. BUSINESS
SERVICES
A. Professional
services
Accounting and
auditing services, except for financial auditing services
(8621 **)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Financial auditing
services
(86211)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) and 3) None,
except that public accountants must be effectively
resident in Singapore or at least one of the partners of the firm must be
effectively resident in Singapore
2) None
4) Unbound
Taxation services
except for other tax-related
1) None
2) None
1) None
2) None
99
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
services
(863 **) 3) None
4) Unbound except as indicated in the horizontal section
3) None
4) Unbound
Other tax-related
services
(86309)
Architectural services
(8671)
1) None, other than
public accountants must be effectively resident in
Singapore or at least one of the partners of the firm must be effectively
resident in Singapore. Only public accountants registered with the Public
Accounts Board Singapore can practise as tax
consultants for local tax
laws.
2) None
3) As in mode 1
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
1) None
2) None
3) None
4) Unbound
100
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Engineering services and integrated engineering services
Only :
Limitations on
market access
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
Limitations on
national treatment
1) None except that the implementation in Singapore (for
example
submission to the authorities and construction) has to be carried out
by a professional engineer physically present in
Singapore
2) None
3) None
4) Unbound
Additional
commitments
101
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
(8672 ** & 8673**)
Limitations on
market access
Limitations on
national treatment
Additional
commitments
Landscaping
services
(86742 **)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Medical services
(9312)
1) Unbound
2) None
3) None, other than the number of new foreign doctors registered each
year
may be limited depending on the total supply of doctors
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Dental services
(93123)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Veterinary
services
(932)
1) None
2) None
1) None
2) None
102
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
3) None
4) Unbound except as indicated in the horizontal section
3) None
4) Unbound
Services provided
by midwives, nurses, physiotherapists and para-medical personnel
(93191 **)
1) Unbound
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
related services
Consultancy services related to the installation of computer
hardware
(841)
Software implementation services
(842)
Data processing services
(843)
Database services
(844)
1) None
2) None
3) None
4) Unbound as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
103
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
Other computer
services
(845 & 849)
Development services
R&D services for
natural sciences and engineering
(851 **)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
R&D services on
social sciences and humanities for projects undertaken by tertiary institutions
R&D services in economic and behavioural research
(852 **)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Interdisciplinary
R&D services for projects undertaken by education institutions
1) None
2) None
3) None
4) Unbound except
1) None
2) None
3) None
4) Unbound
104
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
R&D services in environmental sciences
(853 **)
Limitations on
market access
as indicated in the horizontal section
Limitations on
national treatment
Additional
commitments
services
Real estate
services, including real estate appraisal services of all
types of properties
(ie land and buildings), other than State properties
(821** & 822**)
1) None
2) None
3) None except that unbound for the foreign ownership and development of
private landed residential property and residential property in a
building of
less than
6 levels
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None except that unbound for the purchase of land for the development of residential housing
4) Unbound
Leasing services without operators
Leasing or rental
services without operators relating to ships
(83103)
1) None
2) None
3) None
1) None
2) None
3) None
105
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
4) Unbound except as indicated in the horizontal section
Limitations on
national treatment
4) Unbound
Additional
commitments
Leasing or rental
services without operators relating to aircraft
(83104)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Leasing or rental
services without operators relating to motor vehicles
(831 **)
1) None except that
the rental of motor vehicles by Singaporeans with the
intent to use the vehicles in Singapore is prohibited
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None except that
the rental of motor vehicles by Singaporeans with the
intent to use the vehicles in Singapore is prohibited
2) None
3) None
4) Unbound
business services
Advertising
services
(8711,8712,8719)
1) None
2) None
3) None
1) None
2) None
3) None
106
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
except as indicated in the horizontal section
4) Unbound
Market research
and public opinion polling services
(864)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Management
consulting services, including office management and administrative services
(865)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Services related
to management consulting
(866)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Technical testing 1) None 1) None
107
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
and analysis
services, excluding testing and analysis services of motor vehicles and classification societies
(8676 **)
Testing and analysis services of motor vehicles
(8676 **)
Services incidental to agriculture, hunting, forestry and fishing, excluding:
forest damage services; and
consultancy services for forest
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) Unbound*
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
2) None
3) None
4) Unbound
1) Unbound*
2) None
3) None
4) Unbound
1) None
2) None
3) None
4) Unbound
108
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
service including
forest damage services, and logging related services
( 881**, 882 **)
Services incidental to manufacturing
(884 & 885, except
88442)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Placement and
supply services of personnel
(872)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Security
consultation services
(87302)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Alarm monitoring
services
(87303)
1) None
2) None
1) None
2) None
109
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Unarmed guard services
(87305 **)
Limitations on
market access
3) None
4) Unbound except as indicated in the horizontal section
Horizontal
limitations on
market access
and
national treatment
All commitments are subject to the
Private Investigation and Security Agencies
Act (PISA). The Act stipulates
that:
Foreigners are permitted to set up agencies to provide unarmed
guards for hire but must register a company with local
participation. In other words, at least one of the directors must be a Singaporean or Singaporean permanent resident.
The foreign directors must produce a certificate of no criminal
Limitations on
national treatment
3) None
4) Unbound
Additional
commitments
110
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
conviction from their country of origin or a statutory declaration before a local commissioner of oaths. Foreigners are not allowed to
work as guards, but can be involved in the administration
of the company.
1) Unbound*
2) None
3) None
4) Unbound except as indicated in the horizontal section
Limitations on
national treatment
1) Unbound*
2) None
3) None
4) Unbound
Additional
commitments
Land surveying
services
(86752, 86753,
86754)
1) Unbound*
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) Unbound*
2) None
3) None except: Limited
Corporations
Surveying work in
Singapore where certification is required and not for the service
111
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
supplier’s exclusive use will be under the control and management of a
director of the corporation who
(a) is a registered surveyor ordinarily
resident in Singapore; (b) has a valid practising certificate; and (c)
is a
registered owner of at least one share of the corporation.
Unlimited
Corporations
The business of the corporation,
so far as it relates to the survey work where certification is required and not
for the service supplier’s exclusive use, will be under the control and
management of a director of the corporation who (a) is a registered surveyor
ordinarily resident in Singapore; (b) has in force a practising certificate
authorising him or
her to engage in the practice of
Additional
commitments
112
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
surveying; and (c)
is a member, or a registered owner of at least one
share
of the corporation.
Partnership
The business or the partnership so far
as it relates
to survey work where certification is required and not for the service
supplier’s exclusive use will be under
the control and management of a
partner who (a) is a registered surveyor;
(b) is ordinarily resident in
Singapore; and (c) has a valid practising certificate.
4) Unbound
Additional
commitments
Maintenance and
repair of equipment (not including maritime vessels, aircraft or other transport equipment)
(633, 8861-8866 **)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Building cleaning 1) Unbound* 1) Unbound*
113
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
services
(874) 2) None
3) None
4) Unbound except as indicated in the horizontal section
2) None
3) None
4) Unbound
Photographic
services
(875)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Packaging
services
(876)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Convention and
exhibition management services
(87909 **)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Translation and
interpretation
1) None 1) None
114
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
services
(87905 **)
Limitations on
market access
2) None
3) None
4) Unbound except as indicated in the horizontal section
Limitations on
national treatment
2) None
3) None
4) Unbound
Additional
commitments
Interior design
services
(87907 **)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
2. COMMUNICA-
TION SERVICES
B. Courier
services
Courier services
in respect of documents and parcels, including express letters (*)
(7512)
(*) Express letter service means either a local or an international express letter service or both. This service is
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
115
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
administered under the
Telecommunica- tions (Class License for Postal Services) Regulations 1997. Express letters must be delivered
and received in the same working day, and charges must be more than S$1 per item or 3 times Singapore Post’s postage for a 20 gram ordinary
letter, whichever is higher. An international express letter must be delivered faster than Singapore Post’s published delivery standards for airmail letters and must have a price which is at least 3 times higher than Singapore Post’s ordinary 20 gram airmail letter rate to the same country of destination. Incoming international express letters
must be delivered by the same
Limitations on
market access
Limitations on
national treatment
Additional
commitments
116
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
working day.
Limitations on
market access
Limitations on
national treatment
Additional
commitments
C. Telecommuni- cation services
Telecommunication services
The number of licences granted will be limited only by physical constraints such as the availability of frequency spectrum15 and land.
This excludes services licensed and regulated under the
Singapore Broadcasting Authority Act.
Facilities-Based
Operators (FBO)16
a) FBO designated as Public Telecommuni- cation Licensee
(PTL)17
b) Terrestrial telecommuni- cation networks18 for telecommuni- cation purposes, including:
- submarine
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
15 In view of spectrum constraints, parties interested in deploying networks based on wireless technology will be licensed via a tender and/or auction process.
16 Facilities-based operators are operators that intend to deploy any form of telecommunication
networks, systems and facilities to offer telecommunication switching, transmission capacity and services to existing licensed telecommunication operators, businesses and consumers.
17 The Info-Communications Development Authority of Singapore (iDA) will consider favourably
applications by FBOs to be designated as PTLs if the FBO commits to substantial infrastructure investment and rollout to offer services to a significant proportion of the population within a reasonable time period. In return, a PTL’s network installation process and the maintenance and protection of their networks receive special consideration under the Telecommunications Act of
1999.
18 These networks can have international, nationwide local or selected local coverage.
117
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
cable (includes
establishment of frontier stations, backhaul and sale of Indefeasible Rights of Use);
- satellite international gateways; and
- domestic telecommuni- cation networks
(including core backbone and local access networks).
c) public cellular mobile telephone services
(PCMTS)
d) public radio paging services
(PRPS)
e) public mobile data services
(PMDS)
f) public trunked radio services
(PTRS)
g) terrestrial telecommuni- cation networks for broadcasting
118
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
purposes only
h) satellite uplink/down- link for broadcasting purposes
Services-Based
Operators (SBO)19:
- resale of leased circuit services
- virtual private network (VPN) services
- managed data network services
- internet access services
- internet exchange services
- store & forward (S&F) value-added network services
- live audiotex services
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
19 Services-based operators are operators who lease telecommunications network elements (i.e. transmission capacity, switching services, ducts, fibre, etc.) from FBO licensees to provide
telecommunication services to third parties or who resell the telecommunications services of
FBOs.
119
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
licensed20
services
- callback and/or call re- origination services
- internet based voice and/or data services
- international calling card services (ICC)
- audiotex services
- resale of public switched telecommuni- cation services
(PSTS)
- store & retrieve (S&R) value-added network services
services
Promotion or advertising services for motion picture
1) None
2) None
1) None
2) None
20 Under the class licensing scheme, the licence terms and conditions are gazetted. Anyone who provides the services will be deemed to have read and agreed to the terms and conditions of the
class licence. They will also be required to register with iDA.
120
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
and video production and distribution
(96111)
Limitations on
market access
3) None
4) Unbound except as indicated in the horizontal section
Limitations on
national treatment
3) None
4) Unbound
Additional
commitments
Motion picture
and video production
(96112)
Motion pictures and video distribution
(96113)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Motion picture
projection services
(9612)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
TION AND RELATED ENGINEER- ING SERVICES
Pre-erection work
at construction sites (511)
Construction work for building (512)
1) None
2) None
3) None
1) None
2) None
3) None
121
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Construction work for civil engineering (513)
Assembly and erection of prefabricated constructions
(514)
Special trade construction work
(515)
Installation work
(516)
Building completion and finishing work
(517)
Renting services related to equipment for construction or demolition of buildings or civil engineering works, with operator (518)
Limitations on
market access
4) Unbound except as indicated in the horizontal section
Limitations on
national treatment
4) Unbound
Additional
commitments
4. DISTRIBUTION
SERVICES
Commission agents’ services except for:
Horizontal limitation
on market access
and
national
122
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
pharmaceutical goods and medical goods
(62117 **)
Limitations on
market access
treatment
Unless otherwise specified, distribution services of any
product subject to import prohibition or non- automatic import licensing shall
be excluded from the scope of these commitments.
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
Limitations on
national treatment
1) None
2) None
3) None
4) Unbound
Additional
commitments
Sale on a fee or
contract basis of pharmaceutical goods and
medical goods not intended for the Singapore market
(62117 **)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Sale on a fee or
contract basis of pharmaceutical goods and medical goods intended for the Singapore market
1) Unbound
2) None
3) None
4) Unbound except as indicated in the
1) Unbound
2) None
3) None
4) Unbound
123
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
(62117**) horizontal section
Wholesale trade
services except for pharmaceutical goods and medical goods and surgical and orthopaedic instruments
(622 **)
Horizontal limitation
on market access
and
national
treatment
Unless otherwise specified, distribution
services of any product subject to import prohibition or non- automatic import
licensing shall be excluded from the scope of these commitments.
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Wholesale trade
of pharmaceutical and medical
goods and surgical and orthopaedic instruments
(62251 & 62252)
1) Unbound
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) Unbound
2) None
3) None
4) Unbound
Retailing services
except for:
Horizontal limitation
on market access
124
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
(632 **)
Limitations on
market access
and national
treatment
Unless otherwise specified,
distribution services of any product subject to import prohibition or non-
automatic import licensing shall be excluded from the scope of these
commitments.
1) Unbound
2) None
3) None
4) Unbound except as indicated in the horizontal section
Limitations on
national treatment
1) Unbound
2) None
3) None
4) Unbound
Additional
commitments
Retail pharmacy
services
(63211)
1) Unbound
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) Unbound
2) None
3) None
4) Unbound
Sale of motor
vehicles
Only:
Wholesale trade services of motor vehicles
1) None
2) None
3) None
4) Unbound except
1) None
2) None
3) None
4) Unbound
125
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
(61111)
Retail sales of motor vehicles
(61112)
Sales of parts and accessories of motor vehicles
(61130)
Sales of motorcycles and snowmobiles and related parts and accessories
(61210)
Limitations on
market access
as indicated in the horizontal section
Limitations on
national treatment
Additional
commitments
Franchising
services
(8929 **)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Education services
Specific commitments on market access and national treatment through any mode
of supply shall not be construed to apply to
the recognition of university
degrees for the purposes of admission, registration and qualification for
professional practice in Singapore.
Secondary and
post-secondary technical and vocational education
1) None
2) None
3) None
1) None
2) None
3) None
126
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
services
(92230, 92240,
92310)
4) Unbound except as indicated in the horizontal section
4) Unbound
Other higher
education services
(923900)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Adult education
services
(92400)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Short term
training including English language courses
(92900 **)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
6. ENVIRON-
MENTAL SERVICES
Environmental 1) Unbound* 1) Unbound*
127
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
services except:
(9401)
(94 **)
2) None
3) None
4) Unbound except as indicated in the horizontal section
2) None
3) None
4) Unbound
RELATED AND SOCIAL SERVICES
Other human health services- ambulance services
(93192)
1) Unbound *
2) None
3) Unbound
4) Unbound except as indicated in the horizontal section
1) Unbound *
2) None
3) Unbound
4) Unbound
Acute care
hospitals, nursing homes and convalescent hospitals as defined by the Private Hospitals and Medical
Clinics Act, run on a commercial
basis
(93193 **)
1) Unbound*
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) Unbound*
2) None
3) None
4) Unbound
Social services
delivered through
1) Unbound* 1) Unbound*
128
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
residential institutions to old persons and the handicapped
(93311)
Social services delivered through residential institutions to children and other clients
(93312 **)
Statutory supervision services as listed in Appendix 1 are excluded from the scope of these commitments
Limitations on
market access
2) None
3) None, except that the total
number of facilities/ service operations
run by non-profit service suppliers that are partially State-funded is limited
to the quantity determined by a master plan of State-funded social services in
Singapore
4) Unbound except as indicated in the horizontal section
Limitations on
national treatment
2) None except that Singapore retains the discretion to determine
whether
a non-resident service supplier may solicit business or conduct
active marketing in Singapore
3) None
4) Unbound
Additional
commitments
Child day-care
services including day-care services for the handicapped
(93321)
Vocational rehabilitation services
(93324)
Statutory supervision services as listed in Appendix 1 are excluded from the scope of these
1) Unbound
2) None
3) None, except that the total
number of facilities/ service operations
run by non-profit service suppliers that are partially State-funded is limited
to the quantity determined by a master plan of State-funded social services in
Singapore
1) Unbound
2) None except that Singapore retains the discretion to determine
whether
a non-resident service supplier may solicit business or conduct
active marketing in Singapore
3) None
129
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
commitments
4) Unbound except as indicated in the horizontal section
4) Unbound
Guidance and
counselling services not elsewhere classified related to children
(93322)
1) Unbound
2) None
3) None, except that the total
number of facilities/ service operations
run by non-profit service suppliers that are partially state-funded is limited
to the quantity determined by a master plan of State-funded social services in
Singapore
4) Unbound except as indicated in the horizontal section
1) Unbound
2) None except that Singapore retains the discretion to determine
whether
a non-resident service supplier may solicit business or conduct
active marketing in Singapore
3) None
4) Unbound
Welfare services
not delivered through residential institutions
(93323)
1) Unbound
2) None
3) None, except that the total
number of facilities/ service operations
run by non-profit service suppliers that are partially State-funded is limited
to the
1) Unbound
2) None except that Singapore retains the discretion to determine
whether
a non-resident service supplier may solicit business or conduct
active marketing in Singapore
130
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
quantity determined by a master plan of State-funded social services in Singapore
4) Unbound except as indicated in the horizontal section
Limitations on
national treatment
3) None
4) Unbound
Additional
commitments
Other social
services without accommodation, except for statutory supervision services, as listed in Appendix 1
(93329 **)
1) Unbound
2) None
3) None, except that the total
number of facilities/ service operations
run by non-profit service suppliers that are partially State-funded is limited
to the quantity determined by a master plan of State-funded social services in
Singapore
4) Unbound except as indicated in the horizontal section
1) Unbound
2) None except that Singapore retains the discretion to determine
whether
a non-resident service supplier may solicit business or conduct
active marketing in Singapore
3) None
4) Unbound
TRAVEL RELATED SERVICES
Hotel and other 1) Unbound * 1) None
131
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
lodging services
(641)
Limitations on
market access
2) None
3) None
4) Unbound except as indicated in the horizontal section
Limitations on
national treatment
2) None
3) None
4) Unbound
Additional
commitments
Food serving
services, except for meal serving facilities in self- service facilities
(642 **)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Travel agencies &
tour operators services
(7471)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Tourist guide
services
(7472)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) Unbound *
2) None
3) None
4) Unbound
132
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
10. RECREATION-
AL, CULTURAL AND SPORTING SERVICES
Entertainment
services
(including theatre, live bands &
circus services)
(9619)
Library services
(96311)
Archive services except for
services specified under the National Heritage Board
Act
Parks except for national parks, nature reserves
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
1) None
2) None
3) None
4) Unbound
1) None
2) None
3) None
4) Unbound
1) None
2) None
3) None
4) Unbound
1) None
2) None
133
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
and parklands as
defined under the
National Parks Act
(9633 **)
3) None
4) Unbound except as indicated in the horizontal section
3) None
4) Unbound
Sports and
recreational services, except gambling and betting services
(964 **)
1) Unbound *
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) Unbound *
2) None
3) None
4) Unbound
11. TRANSPORT
SERVICES
Maritime transport services
No commitments on apples, pears, kiwifruit, dairy products and hops.
International
transport of freight and passengers
(excluding cabotage)
(7211 **, 7212 **)
1) None
2) None
3) None except on the establishment of a registered company for the purpose of operating a fleet under the Singapore flag
4) Unbound except as indicated in the
1) None
2) None
3) None except on the establishment of a registered company for the purpose of operating a fleet under the Singapore flag
4) Unbound
134
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
horizontal section; unbound for intra- corporate transfers of ships’ crews
Limitations on
national treatment
Additional
commitments
Ship agency
services
(748 **)
Space brokerage services for all maritime transport
(748 **)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
International
towage
(7214 **)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Other maritime
auxiliary services
In accordance with
the decisions made at the WTO Negotiating Group on
Maritime Transport Services, where the following services are not otherwise
covered by the obligation enshrined in Article XXVIII (c)(ii) of the GATS, they
will be made available to international maritime transport
135
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
operators on reasonable and non-discriminatory terms and conditions:
-
pilotage;
- towing and tug assistance;
- provisioning, fuelling and
watering;
- garbage collection and ballast; waste disposal;
- port
captain’s services;
- navigation aids;
- emergency repair
facilities;
- anchorage; and
- other shore-based operational services
essential to ship operations,
including communications, water and electrical
suppliers.
Services
Air transport services
No commitments on apples, pears, kiwifruit, dairy products and hops.
Selling and
marketing of air transport services
1) None
2) None
3) Unbound
4) Unbound except
1) None
2) None
3) Unbound
4) Unbound
136
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
as indicated in the horizontal section
Limitations on
national treatment
Additional
commitments
F. Road transport
services
Rental services of cars with operators
(71222)
Rental services of buses and coaches with operators
(71223)
Rental services of commercial
freight vehicles with operators
(71240)
1) Unbound *
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) Unbound *
2) None
3) None
4) Unbound
Freight
transportation of:
a) refrigerated goods
(71231)
b) liquids or gases
(71232)
c) containerised freight
(71233)
d) furniture
(71234)
1) Unbound *
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) Unbound *
2) None
3) None
4) Unbound
137
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
Maintenance and
repair services of motor vehicles
(61120)
Maintenance and repair services of parts of motor vehicles (88 **)
1) None
2) None
3) None
4) Unbound as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Parking services
(74430)
1) None
2) None
3) None
4) Unbound as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
Services auxiliary to all modes of transport
No commitments on apples, pears, kiwifruit, dairy products and hops.
Storage and
warehousing services, including container station and depot services
(742)
1) Unbound*
2) None
3) Unbound except storage and warehouse services for maritime and land modes of transport
4) Unbound except as indicated in the horizontal section
1) Unbound*
2) None
3) Unbound except storage and warehouse services for maritime and land modes of transport
4) Unbound
138
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
Freight forwarding
services for all modes of transport
(748 **)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
139
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
Financial services Financial services
All the commitments in this schedule are subject to horizontal
commitments in Singapore's schedule of specific commitments under this Agreement. All the commitments in this schedule
are also subject to entry requirements, domestic laws, guidelines, rules and regulations, terms and conditions of the Monetary Authority of Singapore (MAS) or any other relevant authority or body in Singapore, as the case may be, which are consistent with Articles 21, 15 and 81 of this Agreement. The commitments in this schedule do not apply to new financial services as defined in Article 16(s) of this Agreement.
insurance- related services
1) Unbound
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) Unbound
2) None
3) None
4) Unbound
insurance services including disability income, accident and health insurance and
1) Unbound
2) None except for compulsory insurance of Motor Third Party Liability and Workmen's Compensation which can be purchased only
1) Unbound
2) None
3) None
4) Unbound
140
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
contracts of
fidelity bonds, performance bonds or similar contracts of guarantee
from licensed
insurance companies in Singapore
3) None
4) Unbound except as indicated in the horizontal section
and retrocession
1) None
2) None
3) Representative offices cannot conduct business or act as agents
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
intermediation comprising broking and agency services
1) Unbound
2) Agents are not allowed to act for unregistered insurers. With the
exception of reinsurance risks and risks insured by protection and indemnity
clubs, brokers can only place domestic risks outside Singapore with the approval
of MAS
3) None except
1) Unbound
2) None
3) Unbound
4) Unbound
141
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
that direct and
reinsurance brokers must be established as subsidiaries
4) Unbound except as indicated in the horizontal section
auxiliary to insurance comprising actuarial, loss adjustors, average adjustors and consultancy services
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound
other financial services
1) Unbound
2) None
3) Only institutions approved as banks, merchant banks and finance companies can accept deposits. Where a foreign financial institution is subject to legislation in its home country
1) Unbound
2) None
3) Commercial
banks
Foreign banks can operate from only
one office
(excluding back-office
operations). They cannot establish off-
premise ATMs and ATM networking and
142
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
which requires that
institution to confer lower priority to depositors of its foreign offices vis-
à-vis the home country depositors in receivership or winding-up proceedings, the MAS may exercise appropriate differentiated measures against that foreign financial institution in Singapore to safeguard the interest of the Singapore office's depositors. Establishment and operation of foreign banks, merchant banks and finance companies are also subject to the limitations listed under activities B(a) to B(l) and the following limitations: Commercial Banks
No new full and restricted banks. New foreign banks may only establish as offshore bank branches or representative offices.
new sub-branches.
Unbound for provision of all electronic banking
services.
Location of banks and relocation of banks and sub- branches require
prior approval from MAS.
Restricted banks can only accept foreign currency
fixed deposits from and operate current accounts for
residents
and
non-residents. For Singapore dollar deposits, they can only accept fixed
deposits of S$250,000 or more per deposit. Offshore banks can accept foreign
currency fixed deposits from residents and
non-residents. For Singapore
dollar deposits, they can only accept fixed deposits of S$250,000 or more
per
deposit from non- residents.
Merchant Banks
Merchant banks can
operate from only
143
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
Representative
offices cannot conduct business or act as agents. Banks, with MAS' approval, can operate foreign currency savings accounts only for non-residents.
A single/related group of foreign shareholders can only hold up to
5 per cent of a local bank's shares. Merchant banks
Foreign banks and merchant banks may establish as merchant bank subsidiaries or merchant bank branches.
Finance companies
No new finance companies.
The limit on aggregate foreign ownership of each domestic finance company shall not exceed 20 per cent. Dealing in foreign currencies, gold or other precious metals, and
acquiring foreign
currency stocks, shares, or
one office
(excluding back- office operations). Location and relocation of
merchant banks require MAS' prior approval. Merchant banks can, with
MAS'
authorisation, raise foreign currency funds from residents and
non-residents, operate foreign currency savings accounts for non- residents and
raise Singapore dollar funds from their shareholders and companies
controlled
by their shareholders, banks, other merchant banks and finance companies.
Finance companies
Location of finance companies and relocation of sub-
branches require MAS' prior approval. Foreign-owned finance companies cannot
establish
off-premise ATMs,
ATM networking and new sub-branches.
144
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
debt/convertible
securities is subject to MAS'
approval under the Finance Companies Act.
4) Unbound
4) Unbound
except
as indicated in the horizontal section
1) Unbound
2) None
3) a) Other than in- house credit cards, credit and charge cards may be
issued by card issuers approved
by MAS subject to
MAS' guidelines.
b)
Singapore dollar loans by local and foreign-owned financial
institutions,
to
non-residents, non- resident controlled companies and to residents for use
outside Singapore require MAS' prior approval.
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) Each offshore bank's lending in Singapore dollars to residents shall not
exceed S$500m in aggregate. Offshore banks should not use their related merchant
banks to circumvent the S$500m lending limit.
Unbound for establishment of
off- premise cash dispensing
machines for credit and charge cards.
4) Unbound
1) None 1) None
145
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
2) None
3) None except as indicated for activity B(b) above
2) None
3) None except as indicated for activity B(b) above
4) Unbound
except
as indicated in the horizontal section
1) Unbound
2) None
3) Remittance shops, except where the remittance business is conducted by
banks and merchant banks, are required to be majority-owned by
Singapore
citizens. Bankers' drafts can only be issued by banks.
Multi-purpose stored
value cards can only be issued by a bank in Singapore licensed by MAS.
The
limitations indicated in B(b)(3) above also apply to the activities listed
in
B(d).
4) Unbound except
4) Unbound
1) Unbound
2) None
3) None
4) Unbound
146
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
counter market
as indicated in the
horizontal section
1) None except for the limitations indicated in activity A(b) for insurance
companies providing contracts of fidelity bonds,
performance bonds or similar
contracts of guarantee
2) None
3) None except for the limitations indicated in activity A(b) for insurance
companies providing contracts of fidelity bonds,
performance bonds or similar
contracts of guarantee, and B(b)(3)(b) above
4) Unbound except as indicated in the horizontal section
1) Unbound except for trading in products listed in B(f) for own account.
Trading in money market instruments,
foreign exchange, as well as
1) None
2) None
3) None
4) Unbound
1) None
2) None
3) None except as indicated for activity B(b) above.
4) Unbound
147
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
or otherwise,
the following:
- money market instruments
(including cheques, bills, certificates of deposit);
- foreign exchange;
- derivative products, including financial futures and options;
- exchange rate and interest rate instruments, including swaps and forward rate agreements;
- transferable securities;
- other negotiable instruments and financial assets, including bullion
exchange rate and
interest rate instruments can be conducted with
financial
institutions only
2) None
3) Banks and merchant banks are required to set up separate subsidiaries to
trade financial futures for customers. Financial futures brokers can establish
as branches or subsidiaries.
The offer of derivative products involving the
Singapore dollar is subject to the requirement indicated in B(b)(3)(b).
Moneychangers, except where the moneychanging business is conducted by banks and
merchant banks, are required to be majority owned by Singapore citizens.
148
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
related to such issues
4) Unbound except
as indicated in the horizontal section
1) Unbound except for participation in issues of securities for own account, and underwriting and placement of securities through stockbroking companies, banks or merchant banks in Singapore
2) None
3) Singapore
Exchange Limited
(SGX) will admit new members from July
2000. Initially, new members will be able to trade directly in
Singapore
dollar denominated securities of Singapore- incorporated companies with resident
investors for a minimum value of S$500,000. This limit would be reduced to
S$150,000 in July
2001. Representative
1) None
2) None
3) None except as indicated for activity B(b) above
4) Unbound
149
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
offices cannot
conduct business or act as agents. For Singapore
dollar denominated securities quoted
on SGX, International Members can only deal with residents for transactions above S$500,000 each.
Banks' and merchant banks' membership on SGX must be held through subsidiaries.
Only banks licensed in Singapore can apply to become primary and registered dealers of Singapore Government Securities.
4) Unbound except as indicated in the horizontal section
2) None
3) Unbound for
new money brokers
1) Unbound
2) None
3) None
150
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
4) Unbound except
as indicated in the horizontal section
4) Unbound
management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial,
depository and trust services
1) Unbound
2) None
3) Asset management companies, custodial depositories, and trust services
companies may only establish as branches, subsidiaries or joint-ventures. Only
the Central
Depository Pte Ltd is authorised to provide securities
custodial
depository services under the scripless trading system
4) Unbound except as indicated in the horizontal section
1) Unbound
2) None
3) None
4) Unbound
(j) Settlement and
clearing services for financial assets, including securities, derivative
1) Unbound,
except for the provision of settlement and clearing services
for financial assets which are listed on overseas
1) Unbound
2) None
3) Unbound
4) Unbound
151
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
products and
other negotiable instruments
exchanges only
2) None
3) Settlement and clearing services for exchange traded securities and
financial futures, and Singapore dollar cheques and interbank funds
transfer
can only be provided by SGX or its subsidiaries and Banking Computer Services
Pte Ltd.
4) Unbound except as indicated in the horizontal section
other auxiliary financial services, including credit reference and analysis*, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy
1) Commercial
presence is required for provision of investment and
portfolio research and advice to the public
2) None
3) Investment advisers may only establish as branches, subsidiaries, joint- ventures or
1) None
2) None
3) None
4) Unbound
152
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
* including credit rating agencies
representative
offices. Representative offices cannot conduct business or
act as agents.
processing and related
software by providers of other financial services
4) Unbound except
as indicated in the horizontal section
1) Unbound except for the provision of financial
information by providers
such as Reuters and Bloomberg.
The Singapore branches of foreign banks can
transmit data to their head offices and sister branches for
processing
provided proper controls exist, the integrity and confidentiality
of the data/information are safeguarded, and MAS is allowed on-site access to
the
data/information at the place where
the data/information is
processed.
1) None for the provision of financial information by providers such as Reuters and Bloomberg
2) None
3) None
4) Unbound
153
Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sectors
Limitations on
market access
Limitations on
national treatment
Additional
commitments
2) Only the
provision of financial information by providers such as Reuters and Bloomberg is allowed.
3) The provision of financial information by providers, such as Reuters and Bloomberg, is allowed. The provision of financial data processing
services to banks and merchant banks is subject to domestic laws on protection of confidentiality of information of customers of
banks and merchant banks.
4) Unbound except as indicated in the horizontal section
154
APPENDIX 1: TYPES OF SOCIAL SERVICES EXCLUDED FROM SINGAPORE’S SCHEDULE OF COMMITMENTS
Types of Clients (9331):
Women’s Charter (93312);
(93319).
Following Types of Clients (9332):
welfare officer under Section 49 (i) of the CYP Act (93329);
(93329).
detained in an ‘approved school’ for rehabilitation rather than for formal education.
155
ANNEX 3
INVESTMENT LIMITATIONS
Introductory Note
(i) means the measure as amended, continued or renewed as of the date of entry into force of this Agreement, and
(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure;
156
ANNEX 3.1
Limitations of New Zealand
Type of Limitation: National treatment (Article 29)
Legal Citation: Fisheries Act 1996
Overseas Investment Act 1973
Overseas Investment Act Regulations 1995
Overseas Investment Amendment Act 1998
Description: 1 Under the Overseas Investment Act Regulations,
1995, issued under the Overseas Investment Act 1973, Ministerial approval is required for the following investments by an overseas person:
(i) 25 per cent or more of any class of shares or voting power in a New Zealand entity that owns commercial fishing quota or annual catch entitlement;
(ii) commercial fishing quota or annual catch entitlement;
157
unless an exemption exists or an authorisation is granted;
(i) New Zealand land outside of urban areas and exceeding five hectares or land wherever located worth more than NZ$ 10 million;
(ii) scenic reserve land (including land that encompasses or adjoins recreational, historic or heritage areas, the foreshore and lakes);
(iii) land over 0.4 hectares on specified off-shore islands;
(iv) any land on all other islands;
unless an exemption exists or an authorisation is granted;
(i) New Zealand land outside of urban areas and exceeding five hectares or land wherever located worth more than NZ$ 10 million;
(ii) scenic reserve land (including historic or heritage areas, the foreshore and lakes);
(iii) land over 0.4 hectares on specified off-shore islands;
(iv) any land on all other islands;
unless an exemption exists or an authorisation is granted.
158
Type of Limitation: National treatment (Article 29)
Legal Citation: Agriculture (Emergency Powers) Act 1934
Apple and Pear Export Regulations 1999
Apple and Pear Industry Restructuring Act 1999
Dairy Board Act 1961
Dairy Industry Restructuring Act 1999
Game Industry Board Regulation 1985
Hop Marketing Regulations 1939
Kiwifruit Export Regulations 1999
Kiwifruit Industry Restructuring Act 1999
Marketing Act 1936
Meat Board Act 1997
Pork Industry Board Act 1997
Primary Products Marketing Act 1953
Wool Board Act 1997
Description: More favourable treatment may be accorded to New Zealand nationals and permanent residents in respect of ownership of Producer and Marketing Board assets.
159
Type of Limitation: National treatment (Article 29)
Legal Citation: Fisheries Act 1996
Description: 1 Without the permission of the Minister of Fisheries, and subject to any conditions that he or she thinks fit to impose, no vessel owned or operated by an overseas person may be registered to carry out commercial fishing
or fish carrying activities.
Zealand internal waters.
160
Type of Limitation: National treatment (Article 29)
Legal Citation:
Description: More favourable treatment may be accorded to New Zealand nationals and permanent residents in respect of ownership of enterprises currently in State ownership.
161
Type of Limitation: National treatment (Article 29)
Legal Citation: Companies Act 1993
Financial Reporting Act 1993
Description: Overseas companies are required to prepare audited financial statements on an annual basis. Legislation also requires financial statements in relation to an overseas company’s New Zealand business. The following companies are required to deliver annual audited financial statements to the Registrar of Companies for registration:
(i) a subsidiary of a company or body corporate incorporated outside New Zealand or a subsidiary of that subsidiary;
(ii) a company or body corporate incorporated outside New Zealand;
(iii) a person not ordinarily resident in New
Zealand.
162
Type of Limitation: National treatment (Article 29)
Legal Citation:
Description: More favourable treatment may be accorded to New Zealand nationals and permanent residents in the form of incentives or other programmes to help develop local entrepreneurs and assist local companies to expand and upgrade their operations.
163
Type of Limitation National treatment (Article 29)
Most favoured nation status (Article 28) Legal Citation:
Description: 1 Most favoured nation status and national treatment shall not apply where a services sector is not scheduled under Part 5.
164
DESCRIPTION OF THE OVERSEAS INVESTMENT REGIME
Non-Land (Prudential Criteria)
Land and Fishing Quota
165
Additional Requirements for Farm Land
166
ANNEX 3.2
Limitations of Singapore
Type of Limitation: Most favoured nation status (Article 28)
National treatment (Article 29) Legal Citation:
Description: 1 Most favoured nation status and national treatment shall not apply where a services sector is not scheduled under Part 5.
5, the terms, limitations, conditions and qualifications stated therein shall apply to investments in that sector.
167
Type of Limitation: National treatment (Article 29)
Legal Citation:
Description: More favourable treatment may be accorded to Singapore nationals and permanent residents in the form of incentives or other programmes to help develop local entrepreneurs/technopreneurs and assist local companies to expand and upgrade their operations.
168
Type of Limitation: National treatment (Article 29)
Legal Citation: Companies Act, Cap 50 (1994)
Description: Compliance by Foreign Companies with the Companies
Act as in establishing, reporting and filing of accounts.
(i) a foreigner who wishes to register a business firm must have a local manager who should be:
A) a Singapore citizen;
B) a Singapore permanent resident;
C) a Singapore employment pass holder;
or
D) a dependent’s pass holder and have written permission from the Singapore Immigration and Registration (SIR).
Provided that a foreigner who is a Singapore permanent resident or a Singapore employment pass holder or a dependent’s pass holder with written permission from SIR can register a business without appointing a local manager;
2 locally resident agents. (To qualify as locally resident, a person should be either a Singapore citizen or Singapore permanent resident or Singapore employment pass
169
holder or dependent’s pass holder with written permission from SIR);
170
Type of Limitation: National treatment (Article 29)
Legal Citation: Banking Act, Cap 19 (1985)
Directive on Housing Loans to Financial Institutions issued by the Monetary Authority of Singapore (MAS) Residential Property Act, Cap 274 (1985)
Description: 1 Ownership of land:
(i) not allowed to extend Singapore Dollar (S$) loans to non-Singapore citizens (excluding permanent residents) and non-Singapore companies for the purpose of purchasing residential properties in Singapore. A company incorporated outside Singapore or majority-owned by non-Singapore citizens and/or permanent residents is considered a non-Singapore company;
(ii) allowed to extend only one S$ loan to permanent residents for the purchase of residential property which must be owner- occupied.
171
Type of Limitation: National treatment (Article 29)
Legal Citation: Banking Act, Cap 19 (1985) MAS Notice No. 757
Description: 1 Banks are not allowed to extend S$ credit facilities
to non-residents22 for the following purposes:
credit facilities to non-residents22 for, inter alia:
22 For the purposes of this MAS Notice 757, Singapore residents are: (i) Singapore citizens; (ii)
individuals who are Singapore tax-residents; (iii) companies incorporated in Singapore which are jointly-owned or majority-owned by Singapore citizens; or (iv) overseas subsidiaries which are jointly-owned or majority-owned by Singapore citizens. All other persons are considered non- residents
172
Manufacture & Repair of Transport Equipment
Power/Energy
Type of Limitation: National treatment (Article 29)
Legal Citation:
Description: More favourable treatment may be accorded to Singapore nationals and permanent residents in the above sectors.
173
Type of Limitation: National treatment (Article 29)
Legal Citation:
Description: More favourable treatment may be accorded to Singapore nationals and permanent residents in respect of ownership of enterprises currently in Government ownership.
174
Type of Limitation: Most favoured nation status (Article 28)
National treatment (Article 29) Legal Citation:
Description: 1 Most favoured nation status and national treatment shall not apply to any corporate entities in which the Singapore Government is the majority shareholder or has a special share. Such corporate entities shall be permitted to limit the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.
175
Type of Limitation: Most favoured nation status (Article 28)
National treatment (Article 29)
Legal Citation: Control of Manufacture Act, Cap 57 (1985)
Description: Statutory licensing requirements for the manufacture of goods, such as:
176
ANNEX 4
TECHNICAL, SANITARY AND PHYTOSANITARY REGULATIONS AND STANDARDS
ANNEX 4.1
Product Chapter on Electrical and Electronic Equipment
Section 1
Scope
1.1 The products to which this Product Chapter applies are new electrical and electronic equipment that are intended to be either directly connected or plugged-in to the low voltage supply or are battery powered and which are not telecommunications equipment or medical equipment.
1.2 The mandatory requirements to which this Product Chapter applies shall
be conformity assessment processes or requirements for product testing for the products covered in Section 1.1.
1.3 The conformity assessment bodies which may be designated under this
Product Chapter shall be:
1.4 The conformity assessment activities for which conformity assessment bodies may be designated are:
and
177
1.5 For the purpose of this Product Chapter:
1974E) and ANSI/ASQC Z1.4 - 1993 shall be used as guides for the sampling plan, inspection, test procedures and acceptance criteria.
Section 2
Definitions
2.1 Conformity assessment in this Product Chapter refers to mandatory conformity assessment performed by third party bodies such as regulators or certification bodies.
2.2 Other definitions contained in Part 7 of the Agreement shall, unless the context requires otherwise, apply to this Product Chapter.
Section 3
Obligations
3.1 New Zealand shall accept test reports that demonstrate compliance with
its mandatory requirements issued by test facilities designated by Singapore’s designating authorities in accordance with Section 6.
3.2 Singapore shall accept test reports that demonstrate compliance with its mandatory requirements issued by test facilities designated by New Zealand’s designating authorities in accordance with Section 6.
178
3.3 New Zealand shall accept the results of product surveillance activities undertaken in accordance with its mandatory requirements by certification bodies designated by Singapore’s designating authorities in accordance with Section 6. Such results shall include supporting test results from test facilities designated by Singapore’s designating authorities in accordance with Section
6.
3.4 Singapore shall accept the results of product surveillance activities undertaken in accordance with its mandatory requirements by certification bodies designated by New Zealand’s designating authorities in accordance with Section 6. Such results shall include supporting test results from test facilities designated by New Zealand’s designating authorities in accordance with Section 6.
3.5 New Zealand shall accept certification to New Zealand’s mandatory requirements undertaken by the relevant certification bodies designated by Singapore’s designating authorities in accordance with Section 6.
3.6 Singapore shall accept assessments for compliance with Singapore’s mandatory requirements for registration, undertaken by the registration assessment bodies designated by New Zealand’s designating authorities in accordance with Section 6. Upon receipt of such assessments, Singapore’s regulatory authorities shall complete the relevant product registration processes within 7 days.
Section 4
Exchange of Information
The Parties’ relevant regulatory authorities shall notify each other and the relevant designating authorities of any proposed changes to their relevant mandatory requirements. Except where considerations of health, safety and the environment warrant more urgent action, such notification shall take place
at least 60 days before the entry into force of the changes.
179
Section 5
Designating Authorities
5.1 New Zealand’s designating authorities shall be:
5.2 Singapore’s designating authorities shall be:
Section 6
Designation Procedures and Stipulated Requirements
6.1 Designating authorities shall give advance notice of at least 7 days of any changes, including suspension, to their list of designated conformity assessment bodies.
6.2 Designating authorities shall specify the scope of the conformity assessment activities for which a conformity assessment body has been designated. When a conformity assessment body is designated to undertake tests with regard to particular mandatory requirements, the relevant obligations
of acceptance shall be limited to the results of assessments in relation to those mandatory requirements.
6.3 Designating authorities shall only designate conformity assessment bodies where the conformity assessment body, or the organisation of which the conformity assessment body is a part, is a legal person in the relevant jurisdiction.
6.4 Designated conformity assessment bodies shall not be adversely influenced by a body that manufactures or trades in electrical and electronic equipment. Furthermore, designated conformity assessment bodies shall be
180
impartial. Any other services offered by the conformity assessment body shall
be provided in a manner that does not compromise the objectivity of its conformity assessment activities and decisions.
6.5 Designating authorities shall only designate conformity assessment bodies that are able to demonstrate that they understand, have experience relevant to, and are technically competent to undertake, the conformity assessment activities for which they are designated.
6.6 Demonstration of technical competence shall be based on:
6.7 The basis for designating test facilities shall be either:
(i) the accreditation process is conducted in compliance with ISO/IEC Guide 58:1993; and
(ii) the accreditation body participates in mutual recognition arrangements, such as the Asia Pacific Laboratory Accreditation Cooperation (APLAC) Mutual Recognition Arrangement, where they are subject to peer evaluation of the competence of accreditation bodies and the test facilities accredited by them;
181
or
6.8 The basis for designating certification bodies and registration assessment bodies shall be either:
(i) the accreditation process is conducted in compliance with ISO/IEC Guide 61:1996; and
(ii) the accreditation body is recognised by the designating Party;
or
6.9 In addition to Section 6.8, a basis for designating the registration assessment bodies shall also be:
6.10 When designating a conformity assessment body, the designating authority shall provide the following details in respect of each conformity assessment body it designates:
182
Section 7
Suspension and Withdrawal of Conformity Assessment Bodies
For the purpose of this Product Chapter, the time period specified in Article
41(18) shall be 70 days.
Section 8
Progression of this Product Chapter
8.1 Both Parties agree that their officials shall engage in confidence-building activities with the object of making recommendations to their respective Governments within 12 months of the entry into force of the Agreement on the options for reducing regulatory requirements which impose impediments to mutual or unilateral recognition of equivalence of mandatory requirements.
8.2 Such confidence building activities shall include a comparative review of both Parties’ conformity assessment procedures, standards recognition, market surveillance procedures and market compliance levels.
Section 9
Entry Into Force
This Product Chapter shall enter into force as of the date of entry into force of the Agreement.