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United States-Singapore Free Trade Agreement

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ANNEX 8B

SCHEDULE OF SINGAPORE


Headnotes:


1. Local Presence and National Treatment are separate disciplines and a measure that is only

inconsistent with Local Presence need not be reserved against National Treatment.


2. References to CPC codes refer to the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991) and are meant to define the scope of the reservation unless otherwise stated.


3. The carve-out for subsidies in the Chapter on Cross-Border Trade in Services includes subsidies

or grants provided by a Party to service consumers.


4. The carve-outs for financial services, subsidies, and government procurement in the Chapter on

Cross-Border Trade in Services apply equally to the Investment Chapter.


5. Where an inconsistency arises in relation to the interpretation of a reservation, the Description column or portion of the reservation shall prevail to the extent of the inconsistency.


6. For greater certainty, the fact that Singapore has described a measure in the Description element

of a Schedule entry does not necessarily mean that, in the absence of such a Schedule entry, the measure would be inconsistent with Singapore’s obligations under Chapter 8 (Cross-Border Trade

in Services), Chapter 10 (Financial Services), or Chapter 15 (Investment).


8B-Singapore-1


SINGAPORE’S SCHEDULE TO ANNEX 8B


Sector -


Sub-sector -


Industry -

Classification


Obligations

concerned

National Treatment
Market Access
Local Presence
Senior Management and Boards of Directors



Level of

Government

Central



8B-Singapore-2


Description Cross-Border Services and Investment:


  1. Devolution of Services Provided in the Exercise of Governmental Authority
  1. Singapore reserves the right to adopt and maintain the following measures solely as

part of the act of devolving a service, that it is providing in the exercise of governmental authority* at the time the Agreement enters into force:


(a) restricting the number of service suppliers;


(b) allowing an enterprise, wholly or majority owned by the Government of Singapore, to be the sole service supplier or one amongst a limited number of service suppliers;


(c) imposing restrictions on the composition of Senior Management and Board of

Directors;


(d) requiring local presence; and


(e) specifying the juridical form of the service supplier(s).


  1. To the extent possible, Singapore shall inform the United States of a service that it is providing in the exercise of governmental authority that it intends to devolve. Singapore shall maintain information demonstrating that any service that it devolves was being provided

in the exercise of governmental authority as of the date this Agreement enters into force, and upon request, provide this information to the United States prior to devolving any such service.


  1. Where devolution is accompanied by a sale of shares or assets to any person, such sale shall be conducted in a manner that does not deny U.S. investors national treatment. For clarity, a sale of shares or assets does not occur when the Government of Singapore wholly owns the shares and assets of an enterprise and then transfers, for a consideration, these shares and assets to a government holding company that it wholly owns.
  2. Once any competition is allowed in a devolved service, it shall be permitted on a non-discriminatory basis and no preferential treatment shall be provided to the newly corporatized enterprise except as provided in paragraph 1.

Devolving a service means allowing an enterprise, wholly or majority-owned by the Government of Singapore and organized under the laws of Singapore, to take over and supply on a commercial basis, services that were provided in the exercise of governmental authority as of the date this Agreement enters into force.


8B-Singapore-3


If pursuant to Section I. of this reservation, Singapore has devolved a service to an enterprise that it wholly-owns and was organized under the laws of Singapore, and where justified by public health, welfare, safety concerns, or to safeguard the viability of critical economic infrastructure, Singapore reserves the right to adopt and maintain the following measures regarding the sale of any shares in that enterprise or any assets of that enterprise to any person:


II. Divestment of Government Ownership Interests After Devolution


(a) foreign ownership limitation: limit foreign ownership to no greater than 49 % of the

shares of the enterprise


(b) single share ownership limitation: impose non-discriminatory single-share ownership limits on private investors of 5 % or more of the share of the enterprise.


(c) preferential shareholder rights: reserve preferential shareholder rights for itself.


(d) senior management and board of directors restrictions: impose restrictions on the composition of senior management and board of directors, provided that foreign investors are allowed to have representation on the board of directors that recognizes their ownership levels relative to other shareholders.


*A service supplied in the exercise of governmental authority means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers.


Existing Measures


8B-Singapore-4


Sector - Sub-sector -

Industry -

Classification


Obligations

concerned

National Treatment
Most-Favored-Nation Treatment
Market Access
Local Presence
Performance Requirements
Senior Management and Boards of Directors



Level of

Government

Central



Description Cross-Border Services and Investment:


Singapore reserves the right to adopt and maintain any measure in relation to the

divestment of the administrator and operator of airports.


Existing Measures


8B-Singapore-5


Sector All


Sub-sector -


Industry -

Classification


Obligations

concerned

National Treatment
Most-Favored-Nation Treatment
Market Access
Local Presence
Performance Requirements
Senior Management and Board of Directors



Level of

Government

Central



Description Cross-Border Services and Investment:


Singapore reserves the right to adopt or to maintain any measure in relation to the provision

of health services by government owned or controlled healthcare institutions (including investments in those institutions), social security, and public training.


Existing -

Measures


8B-Singapore-6


Sector All


Sub-sector -


Industry -

Classification


Obligations

concerned

Market access



Level of

Government

Central



Description Cross-Border Services:


Singapore reserves the right to adopt or maintain any measure in relation to the types of

activities that may be conducted on land or the usage of land in accordance with its land zoning and land use policies. These measures are not aimed at, but may result in, market access limitations.


Existing -

Measures


8B-Singapore-7


Sector Broadcasting Services


Broadcasting services refers to the scheduling of a series of literary and artistic works by a content provider for aural and/or visual reception, and for which the content consumer has

no choice over the scheduling of the series. Sub-sector -

Industry -

Classification


Obligations

concerned

National Treatment
Most-Favored-Nation Treatment
Market Access
Local Presence
Performance Requirements
Senior Management and Board of Directors



Level of

Government

Central



Description Cross-Border Services and Investment:


Singapore reserves the right to adopt or maintain any measure in relation to broadcasting

services receivable by Singapore’s domestic audience and to the allocation of spectrum in relation to broadcasting services.


This reservation does not apply to the sole activity of transmitting licensed broadcasting services to a final consumer.


Existing Measures -


8B-Singapore-8


Sector Business Services


Sub-sector Legal Services


Industry

Classification

CPC 861, Legal Services



Obligations

concerned

National Treatment
Most-Favored-Nation Treatment
Market Access
Local Presence



Level of

Government

Central



Description Cross-Border Services:


Singapore reserves the right to adopt or maintain any measure in relation to the

certification, registration, and admission of persons who are seeking to supply or are supplying legal services in relation to Singapore law, including the recognition of educational and professional qualifications for the purposes of such certification, registration, and admission, subject to the specific commitments undertaken by Singapore

in subparagraphs (i) through (v) of paragraph 2 of Singapore’s entry for legal services in Singapore’s Schedule to Annex 8A and the side-letter on the recognition of the degree of Doctor of Jurisprudence (J.D.) or equivalent degree for purposes of admission to the Singapore Bar.*


* This paragraph shall not affect Singapore’s rights under paragraph 3 of the side letter.


Existing

Measures

Legal Profession Act, Cap. 161



8B-Singapore-9


Sector Business services n.e.c.


Sub-sector Armed Escort Services

Armed Guard Services


Industry

Classification

-


CPC 87305, Guard Services (only applies to armed security guard services)



Obligations

concerned

National Treatment
Most-Favored-Nation Treatment
Market Access
Local Presence
Performance Requirements
Senior Management and Board of Directors



Level of

Government

Central



Description Cross-Border Services and Investment:


Singapore reserves the right to adopt or maintain any measure in relation to the provision

of armed escort and armed guard services.


For transparency purposes, only the Commercial and Industrial Security Corporation

(CISCO), established under the Commercial and Industrial Security Corporation Act, is currently allowed to provide such services in Singapore.


Existing Measures -


8B-Singapore-10


Sector Business services n.e.c.


Sub-sector Betting and Gambling Services


Industry -

Classification


Obligations

concerned

National Treatment
Most-Favored-Nation Treatment
Market Access
Local Presence
Performance Requirements
Senior Management and Board of Directors



Level of

Government

Central



Description Cross-Border Services and Investment:


Singapore reserves the right to adopt or maintain any measure in relation to the

provision of betting and gambling services.


Existing Measures Betting Act, Cap. 21

Common Gaming Houses Act, Cap. 49


8B-Singapore-11


Sector Collection and administration of proprietary government information


Sub-sector -


Industry -

Classification


Obligations

concerned

National Treatment
Most-Favored-Nation Treatment
Market Access
Local Presence
Performance Requirements
Senior Management and Boards of Directors



Level of

Government

Central



Description Cross-Border Services and Investment:


Singapore reserves the right to adopt or maintain any measure relating to the collection

and administration of proprietary government information gathered by entities such as

CrimsonLogic.


This reservation does not apply to the development of software and systems used in the collection and administration of such information and does not preclude the management and maintenance of such software and systems by U.S. service suppliers.


Existing Measures -


8B-Singapore-12


Sector Defence


Sub-sector -


Industry -

Classification


Obligations

concerned

National Treatment



Level of

Government

Central



Description Investment:


Singapore reserves the right to adopt or maintain any measure in relation to the retention

of a controlling interest by the Singapore Government in Singapore Technologies Engineering (the Company), including controls over the appointment and termination of members of the Board of Directors, divestment of equity, and dissolution of the Company for the purpose of safeguarding the security interest of the Republic of Singapore.


Existing -

Measures


8B-Singapore-13


Sector Educational Services


Sub-sector Preschool Education Services

Other Primary Education Services

Secondary Education Services

Higher Secondary Education Services (only applies to Junior Colleges and Pre- University Centres under the Singapore educational system)


Industry

Classification

CPC 92110, Preschool Education Services
CPC 92190, Other Primary Education Services
CPC 92210, Secondary Education Services
CPC 92220, Higher Secondary Education Services (only applies to Junior Colleges and Pre-University Centres under the Singapore educational system)



Obligations

concerned

National Treatment
Most-Favored-Nation Treatment
Market Access
Local Presence
Performance Requirements
Senior Management and Board of Directors



Level of

Government

Central



Description Cross–Border Services and Investment:


Singapore reserves the right to adopt or maintain any measure in relation to the provision

of preschool, primary, secondary, and higher secondary (Junior Colleges and Pre- University Centres under the Singapore educational system) education services for Singapore citizens.


Existing Measures Education Act, Cap. 87


8B-Singapore-14


Sector Health and Social Services


Sub-sector Medical Services

Pharmacy Services


Industry

Classification

CPC 9312, Medical Services
-



Obligations

concerned

Market Access



Level of

Government

Central



Description Cross–Border Services:


Singapore reserves the right to adopt or maintain any limits on the number of doctors and

pharmacists who can practice in Singapore. Existing Measures -


8B-Singapore-15


Sector Health and Social Services


Sub-sector Services provided by health-related professionals


Industry -

Classification


Obligations

concerned

National Treatment
Most-Favored-Nation Treatment



Level of

Government

Central



Description Cross-Border Services and Investment:


Singapore reserves the right to adopt or to maintain any measure in relation to the

recognition of educational and professional qualifications for the purposes of admission, registration, and qualification of health-related professionals such as contact lens practitioners, dentists, doctors, nurses, midwives, and traditional Chinese medicine practitioners.


Existing Measures Contact Lens Practitioner Act, Cap. 53A Dentists Act, Cap. 76

Medical Registration Act, Cap. 174

Nurses and Midwives Act, Cap 209

Pharmacists Registration Act, Cap. 230

Traditional Chinese Medicine Practitioners Act, Act 34 of 2000


8B-Singapore-16


Sector Distribution and publication of printed media


Printed media refers to any publication containing news, intelligence, reports of occurrences, or any remarks, observations, or comments relating thereto, or to any matter of public interest, printed in any language and published for sale or free distribution at intervals not exceeding one week.


Sub-sector -


Industry -

Classification


Obligations

concerned

National Treatment
Most-Favored-Nation Treatment
Market Access
Local Presence
Performance Requirements
Senior Management and Board of Directors



Level of

Government

Central



Description Cross-Border Services and Investment:


Singapore reserves the right to adopt or maintain any measure in relation to the

distribution and publication of printed media. Existing Measures -


8B-Singapore-17


Sector Post and Telecommunications Services


Sub-sector Telecommunications Services


Industry -

Classification


Obligations

concerned

Market Access
Most-Favored-Nation Treatment
National Treatment



Level of

Government

Central



Measures Info-communications Development Authority of Singapore Act, Cap. 137A

Telecommunications Act, Cap. 323


Description Cross-Border Services and Investment:


Singapore reserves the right to adopt or maintain any measure that accords treatment to

persons of the other Party equivalent to any measure adopted or maintained by the other

Party limiting ownership by persons of Singapore of enterprises engaged in the provision

of public mobile and wireless communications in the territory of the other Party, including:


(a) Public Radiocommunication Services;

(Public Radiocommunication Services refer to Maritime and Aeronautical radiocommunication services)


(b) Public Cellular Mobile Telephone Service (PCMTS);


(c) Public Radio Paging Services (PRPS);


(d) Public Trunked Radio Services (PTRS);


(e) Public Mobile Data Services (PMDS);


(f) Public Mobile Broadband Multimedia Services; and


(g) Public Fixed-Wireless Broadband Multimedia Services.


Existing -

Measures


8B-Singapore-18


Sector Sewage and refuse disposal, sanitation, and other environmental protection services


Sub-sector Hazardous Waste Management, including collection, disposal, and treatment of hazardous waste


Industry

Classification

CPC 9402, Refuse disposal services


(only applies to hazardous waste management, including collection, disposal and treatment of hazardous waste)



Obligations

concerned

National Treatment
Most-Favored-Nation Treatment
Market Access
Local Presence
Performance Requirements
Senior Management and Board of Directors



Level of

Government

Central



Description Cross-Border Services and Investment:


Singapore reserves the right to adopt or maintain any measure in relation to hazardous

waste management, including the collection, treatment, and disposal of hazardous waste.


Hazardous waste includes bio-medical waste.


Existing Measures


8B-Singapore-19


Sector Sewage and refuse disposal, sanitation, and other environmental

Protection services


Sub-sector Waste water management, including collection, disposal and treatment of waste water.


Industry

Classification

CPC 9401, Sewerage services


(only applies to wastewater management, including the collection, disposal and treatment of waste water)



Obligations

concerned

National Treatment
Most-Favored-Nation Treatment
Market Access
Local Presence
Performance Requirements
Senior Management and Board of Directors



Level of

Government

Central



Description Cross-Border Services and Investment:


Singapore reserves the right to adopt or maintain any measure in relation to wastewater

management, including the collection, treatment, and disposal of waste water.


Existing Measures Code of Practice on Sewerage and Sanitary Works

Sewerage and Drainage Act, Cap. 293A


8B-Singapore-20


Sector Social Services


Sub-sector -


Industry

Classification

CPC 933, Social Services



Obligations

concerned

National Treatment
Most-Favored-Nation Treatment
Market Access
Local Presence
Performance Requirements
Senior Management and Board of Directors



Level of

Government

Central



Description Cross-Border Services and Investment:


Singapore reserves the right to adopt or to maintain any measure in relation to the

provision of social services, but shall not adopt or maintain any such measure in derogation of obligations or commitments undertaken in the Financial Services Chapter.


Existing Measures -


8B-Singapore-21


Sector Supply Of Potable Water


Sub-sector -


Industry -

Classification


Obligations

concerned

National Treatment
Most-Favored-Nation Treatment
Market Access
Local Presence
Performance Requirements
Senior Management and Board of Directors



Level of

Government

Central



Description Cross-Border Services and Investment:


Singapore reserves the right to adopt or maintain any measure in relation to the supply

of potable water.


Existing Measures Public Utilities Act, Cap. 261

Public Utilities Act 2001, Act 8 of 2001


8B-Singapore-22


Sector Transport Services


Sub-sector Public Transport Services


Public Transport Services are services that are used by and accessible to members of the public for the purposes of transporting themselves within Singapore.


Industry

Classification -


Obligations

concerned

National Treatment
Most-Favored-Nation Treatment
Market Access
Local Presence
Performance Requirements
Senior Management and Board of Directors



Level of

Government

Central



Description Cross-Border Services and Investment:


Singapore reserves the right to adopt or maintain any measure in relation to the

provision of public transport services.


Existing Measures Rapid Transit Systems Act, Cap. 263A

Land Transport Authority of Singapore Act, Cap. 158A Public Transport Council Act, Cap. 259B


8B-Singapore-23


Sector Transport services


Sub-sector Land Transport Services

Services Auxiliary to All Modes of Transport


Industry

Classification

CPC 742, Storage and warehousing services
CPC 748, Freight transport agency services
(does not apply to freight forwarding by air)
CPC 749, Other supporting and auxiliary transport services



Obligations

concerned

National Treatment
Most-Favored-Nation Treatment
Market Access
Local Presence
Performance Requirements
Senior Management and Boards of Directors



Level of

Government

Central



Description Cross-Border Services and Investment


Singapore reserves the right to adopt or maintain any measure that accords treatment to

persons of the other Party equivalent to any measure adopted or maintained by the other

Party in relation to the provision of storage and warehousing, freight forwarding

(excluding freight forwarding by air), inland trucking, container station, and depot services by persons of Singapore.


For the purposes of clarity, this reservation does not extend to express delivery services

as defined in the reservation for postal services, which is reproduced as follows for ease

of reference -


“Express delivery services means –


(i) the expedited collection, transport and delivery of documents, printed matter, parcels and/or other goods, while tracking the location of, and maintaining control over, such items throughout the supply of the services. Express delivery services involving letters must meet the standards of express letter services stated in paragraph (b) and (c) of the reservation for postal services; and


(ii) services provided in connection therewith, including, but not limited to, customs- related services and logistics services for the purposes of providing express delivery services.


Express delivery services may also include collection from an address designated by the sender; release upon signature; guarantee of delivery within a specified time; use of electronic and/or other advanced technologies; and ability of the sender to confirm delivery. Express delivery services does not include (1) air transport services (2) services supplied in the exercise of government authority; and (3) maritime transport services.”


Existing Measures -


8B-Singapore-24



8B-Singapore-25


Sector All


Sub-sector -


Industry -

Classification


Obligations

concerned

Most-Favored-Nation Treatment



Level of

Government

Central



Description Cross-Border Services and Investment:


Singapore reserves the right to adopt or maintain any measure that accords differential

treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.


Singapore reserves the right to adopt or maintain any measure that accords differential treatment to countries under any international agreement in force or signed after the date

of entry into force of this Agreement involving:


(a) Air Services;

(b) Maritime and Port matters; and

(c) Land Transport matters. Existing Measures -


8B-Singapore-26