Agreement between the Government of the Hashemite Kingdom of Jordan and the Government of the Republic of Singapore on the Establishment of a Free Trade Area
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AGREEMENT BETWEEN THE GOVERNMENT OF
THE HASHEMITE KINGDOM OF JORDAN AND THE GOVERNMENT OF
THE REPUBLIC OF SINGAPORE
ON THE ESTABLISHMENT OF A FREE TRADE AREA CONTENTS
2A TARIFF ELIMINATION
3A MINIMUM DATA REQUIREMENTS FOR CERTIFICATE OF ORIGIN
4A JORDAN’S SCHEDULE OF SPECIFIC COMMITMENTS
4B SINGAPORE’S SCHEDULE OF SPECIFIC COMMITMENTS
7A ARBITRAL TRIBUNALS
The Government of the Hashemite Kingdom of Jordan and the Government of the
Republic of Singapore (hereafter, “the Parties”),
Conscious of their strong ties of friendship and desiring to strengthen their economic relations and cooperation;
Aspiring to promote their mutual interests through the liberalisation and expansion of trade
in goods and services between their countries;
Wishing to establish clear, transparent and mutually advantageous rules governing their trade to enable businesses to conduct transactions freely, use resources efficiently and take planning decisions with certainty;
Recognising that their relations in the field of trade and economic activity should be conducted with a view to raising living standards and promoting economic growth, investment opportunities, development, prosperity and employment in their territories;
Building on their rights, obligations and undertakings at the World Trade Organisation and other multilateral, regional and bilateral agreements and arrangements;
Wishing to raise the capacity and international competitiveness of their goods and services sectors;
Desiring to promote business alliances between their private enterprises with a view to exploring business opportunities in third countries;
Believing that their cooperative relationship is a dynamic one that could also cover newer areas of economic cooperation;
HAVE DECIDED, in pursuit of the above, to conclude the following Agreement
(hereafter, “this Agreement”):
ESTABLISHMENT OF A FREE TRADE AREA
Establishment of a Free Trade Area
TRADE IN GOODS
Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of the GATT 1994. To this end, the provisions of Article III of the GATT
1994 are incorporated into and shall form part of this Agreement.
Elimination of Duties
of the other Party.
(a) a charge equivalent to an internal tax, such as excise duties and other taxes, levied at the time of importation or exportation, imposed consistently with Article 2.1; or
(b) fees or other charges such as charges levied for a specific service such as demurrage, warehousing, transport, loading and unloading charges that:
(i) are limited in amount to the approximate cost of services rendered;
(ii) do not represent a direct or indirect protection for domestic goods or
a taxation of imports for fiscal purposes.
The Parties shall determine the customs value of goods traded between them in accordance with the provisions of Article VII of the GATT 1994 and the WTO Agreement on Implementation of Article VII of the GATT 1994.
Subsidies and Countervailing Measures
The rights and obligations of the Parties in respect of subsidies shall be governed by Articles VI and XVI of the GATT 1994, the WTO Agreement on Subsidies and Countervailing Measures and the WTO Agreement on Agriculture.
Imposition of Bilateral Safeguard Measures
(a) suspend the further reduction of any rate of duty provided for under this
Agreement for such good; or
(b) increase the rate of duty on such good to a level not to exceed the lesser of
(i) the most-favoured nation (hereafter, “MFN”) applied rate of duty in effect at the time the measure is taken; and
(ii) the MFN applied rate of duty in effect on the day immediately proceeding the date of entry into force of this Agreement; or
(c) in the case of a duty applied to a good on a seasonal basis, increase the rate
of duty to a level not to exceed the lesser of the MFN applied rate of duty that was in effect on the good for the immediately preceding corresponding season or the date of entry into force of this Agreement.
Conditions and Limitations on the Imposition of Bilateral Safeguard Measures
1 A determination that an originating good is being imported as a result of the reduction or elimination of a duty provided for in this Agreement shall be made only if such reduction or elimination is a cause which
contributes significantly to the increase in imports, but need not be equal to or greater than any other cause. The passage of a period of time between the commencement and termination of such reduction or elimination
and the increase in imports shall not by itself preclude the determination referred in this footnote. If the
increase in imports is demonstrably unrelated to such reduction or elimination, the determination referred in this footnote shall not be made.
(a) A Party shall immediately deliver written notice to the other Party upon:
(i) initiating an investigation described in Article 2.7.2(d) relating to serious injury; such notice shall state the reasons for initiating such investigation;
(ii) making a finding of serious injury caused by increased imports pursuant to the investigation described in Article 2.7.2(d); and
(iii) taking a decision to apply a safeguard measure under this Article;
(b) In making the notification referred to in Article 2.7.2(a), the Party proposing to apply a safeguard measure shall provide the other Party with all pertinent information, which shall include where available, evidence of serious injury caused by the increased imports, a precise description of the good involved and the proposed measure, the proposed date of introduction and the expected duration of the measure. The Party proposing to apply a measure is also obliged to provide, subject to Article 8.3, any additional information which the other Party considers necessary;
(c) A Party proposing to apply a measure shall provide adequate opportunity for prior consultations with the other Party as far in advance of taking any such measure as practicable, with a view to reviewing the information arising from the investigation conducted pursuant to Article 2.7.2(d), exchanging views on the measure and reaching an agreement on compensation under Article 2.7.4. The Parties shall in such consultations, review, inter alia, the information provided under Article 2.7.2(b) to examine:
(i) compliance with this Article;
(ii) whether any proposed measure should be taken; and
(iii) whether any proposed measure would operate such as to constitute an unnecessary obstacle to trade between the Parties;
(d) A Party shall apply or take the measure only following an investigation by the competent authorities of that Party in accordance with Articles 3 and
4.2(c) of the WTO Agreement on Safeguards; and to this end, Articles 3 and
4.2(c) of the WTO Agreement on Safeguards are incorporated, mutatis mutandis, into and made a part of this Agreement;
(e) In undertaking the investigation described in Article 2.7.2.(d), a Party shall
comply with the requirements of Articles 4.2(a) and (b) of the WTO Agreement on Safeguards; and to this end, Articles 4.2(a) and (b) are incorporated, mutatis mutandis, into and made a part of this Agreement;
(f) The investigation shall be promptly terminated and no measure shall be taken if imports of the good under investigation represent less than 5 per cent of apparent domestic consumption or less than 10 per cent of total imports2;
(g) The investigation shall in all cases be completed within one year following its date of initiation;
(h) No measure shall be maintained:
(i) except to the extent and for such time as may be necessary to remedy serious injury and to facilitate adjustment;
(ii) for a period exceeding one year, except that in exceptional circumstances, the period may be extended by up to an additional two years, to a total maximum of three years from the date that the measure was first imposed, if the competent authorities of the Party applying such measure determine in conformity with procedures that are set out in Articles 2.7.2(a)-(g), that the safeguard measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting; or
(iii) beyond the expiration of the transition period;
(i) No investigation or bilateral safeguard measure shall be applied to the import of a particular good which has been previously subject to any other safeguard investigation under this Article; and
(j) Upon the termination of the safeguard measure, the rate of duty shall be the rate which would have been in effect if such measure was not applied.
2 For the purposes of Article 2.7.2(f), the time frame to be used for calculating the applicable percentages shall be the 12 month period prior to the filing of an application to the Party requesting for the imposition of
a safeguard measure.
to repair, a Party may take a measure described in Article 2.7.1(a), (b) or (c) on a provisional basis pursuant to a preliminary determination that there is clear evidence that imports from the other Party have increased as a result of the reduction or elimination of a customs duty under this Agreement, and such imports constitute a substantial cause of serious injury, or threat thereof, to the domestic industry. The duration of such provisional measure shall not exceed 200 days, during which time the requirements of Articles 2.7.2(d) and 2.7.2(e) shall be met. Any increase in tariffs as a result of such provisional measure shall be promptly refunded if the investigation described in Article 2.7.2(d) does not result in a finding that the requirements of Article 2.7.1 are met. The duration of any provisional measure shall be counted as part of the period described in Article
in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the measure.
If the Parties are unable to agree on compensation within 30 days in the consultations under Article 2.7.2(c), the Party against whose originating good the measure is applied may take action having trade effects substantially equivalent to the measure applied under this Article. This action shall be applied only for the minimum period necessary to achieve the substantially equivalent trade effects. However, the right to take compensatory action shall not be exercised for the first
24 months from the date that the measure was applied, provided that the measure has been applied as a result of an absolute increase in imports and that the measure
is in accordance with this Article.
Administration of Safeguard Investigation Proceedings
(a) ensure the consistent, impartial and reasonable administration of its laws, regulations, decisions and rulings governing all investigations described in Article 2.7.2(d);
(b) entrust determinations of serious injury in safeguard investigation proceedings to a competent investigating authority, subject to review by judicial or administrative tribunals, to the extent provided by domestic law. Negative injury determinations shall not be subject to modification, except
by such review. The competent investigating authority empowered under
domestic law to conduct such proceedings should be provided with the necessary resources to enable it to fulfil its duties; and
(c) adopt or maintain fair, timely, transparent and effective procedures for investigations described in Article 2.7.2(d).
Global Safeguard Measures
to Article XIX of the GATT 1994 and the WTO Agreement on Safeguards, except that a Party taking a safeguard measure under Article XIX of the GATT 1994 and the WTO Agreement on Safeguards may exclude imports of an originating good from the other Party if such imports are not a substantial cause of serious injury or threat thereof.
Prohibition of Safeguard Investigations
of the WTO Anti-Dumping Agreement, in order to bring greater discipline to anti- dumping investigations and to minimise the opportunities to use anti-dumping in an arbitrary or protectionist manner:
(a) the de minimis margin of 2 per cent, expressed as a percentage of the export price below which there shall be immediate termination of an investigation
as provided for in Article 5.8 of the WTO Anti-Dumping Agreement, is raised to 5 per cent;
(b) the volume of dumped imports normally regarded as negligible under
Article 5.8 of the WTO Anti-Dumping Agreement is raised from 3 per cent
to 5 per cent of imports of the like good in the importing Party, below which there shall be an immediate termination of an investigation;
(c) Articles 2.8.1(a) and (b) shall apply to investigations and review cases initiated after the entry into force of this Agreement;
(d) Article 14 of the WTO Anti-Dumping Agreement on third country dumping shall not be applied by the Parties;
(e) the time frame to be used for determining material injury, calculation of the volume of dumped imports in an investigation or review shall be representative of the imports of both dumped and non-dumped goods and shall be for a reasonable period, and such reasonable period shall normally
be at least 12 months;
(f) any anti-dumping duty shall be terminated on a date not later than 3 years from the date that the duty was imposed. In exceptional circumstances, the authorities of the Party applying such measure may initiate such review and consider the continued application of such measure;
(g) if a decision is taken to impose anti-dumping duty pursuant to Article 9.1 of the WTO Anti-Dumping Agreement, the Party taking such a decision, shall where possible, apply the ‘lesser duty’ rule, i.e. a duty which is less than the dumping margin where such lesser duty would be adequate to remove the injury to the domestic injury; and
(h) in the conduct of investigations and reviews, the margin of dumping and the resulting dumping duty based on such margin shall be calculated by strict price comparison on the basis of transaction to transaction, and weighted average to weighted average, and not weighted-average price and individual price. Where weighted-average prices are used, such prices shall be calculated based on the entire period of investigation, and not any particular period therein.
an industry in a Party for the initiation of an anti-dumping investigation in respect
of goods from the other Party, the Party that has accepted the properly documented application shall immediately inform the other Party of the acceptance of the application. Should the recipient Party observe any variation in the volume statistics relating to exports and imports, consultations with a view to reaching a satisfactory solution shall take place upon the recipient Party’s request and such solution shall be reached within 30 days from receipt of such request.
subject to a safeguard measure under Article 2.7.
Restrictions to Safeguard the Balance of Payments
Article XII of the GATT 1994 and the Understanding on the Balance-of-Payments Provisions of the GATT 1994 shall apply to measures taken by any Party for balance of payments purposes for trade in goods.
Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Party of measures:
(a) necessary to protect public morals;
(b) necessary to protect human, animal or plant life or health;
(c) relating to the importations or exportations of gold or silver;
(d) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement, including those relating
to customs enforcement, the enforcement of monopolies operated under paragraph 4 of Article II and Article XVII of the GATT 1994, the protection of patents, trade marks and copyrights, and the prevention of deceptive practices;
(e) relating to the products of prison labour;
(f) imposed for the protection of national treasures of artistic, historic or archaeological value;
(g) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption;
(h) undertaken in pursuance of obligations under any intergovernmental
commodity agreement which conforms to criteria submitted to the WTO and not disapproved by it or which is itself so submitted and not so disapproved;
(i) involving restrictions on exports of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is held below the world price as part of a governmental stabilization plan; provided that such restrictions shall not operate to increase the exports of or the protection afforded to such domestic industry, and shall not depart from the provisions
of this Agreement relating to non discrimination;
(j) essential to the acquisition or distribution of products in general or local short supply; provided that any such measures shall be consistent with the principle that all WTO members are entitled to an equitable share of the international supply of such products, and that any such measures which are inconsistent with the other provisions of this Agreement shall be discontinued as soon as the conditions giving rise to them have ceased to exist.
For the purposes of this Chapter and Annex 2A, a reference to:
(a) “Annex 2A” includes its headnotes;
(b) “customs duties and charges having equivalent effect” means charges imposed by a Party in accordance with the customs tariffs on imported goods, as well as other charges imposed on imported goods and excludes the taxes, duties and charges referred to in Articles 2.2.4(a)-(b).
(c) “domestic industry” means the producers as a whole of the like or directly competitive good operating in the territory of a Party, or those whose collective output of the like or directly competitive goods constitutes a major proportion of the total domestic production of the goods;
(d) “GATT 1994” means the GATT 1994 in effect on the date of entry into force of this Agreement, and includes the interpretive notes, where applicable.
(e) “serious injury” means a significant overall impairment in the position of a
(f) “transition period” means the 15-year period following entry into force of this Agreement.
RULES OF ORIGIN
SECTION A: DEFINITIONS Article 3.1
For purposes of this Chapter:
15 and the corresponding interpretative notes of the WTO Customs Valuation Agreement, as adjusted to exclude any costs, charges, or expenses incurred for transportation, insurance, and related services incident to the international shipment
of the merchandise from the country of exportation to the place of importation;
(a) mineral goods extracted there;
(b) vegetable goods, as such goods are defined in the Harmonized System, harvested there;
(c) live animals born and raised there;
(d) goods obtained from hunting, trapping, fishing, or aquaculture conducted there;
(e) goods (fish, shellfish, and other marine life) taken from the sea by vessels registered or recorded with a Party and flying its flag;
(f) goods produced exclusively from goods referred to in Article 3.1.4(e) on
board factory ships registered or recorded with a Party and flying its flag;
(g) goods taken by a Party, or a person of a Party, from the seabed or beneath the seabed outside territorial waters, provided that the Party has rights to exploit such seabed; or
(h) waste and scrap derived from
(i) production there; or
(ii) used goods collected there, provided that such goods are fit only for the recovery of raw materials;
(a) fuel and energy;
(b) tools, dies, and molds;
(c) spare parts and materials used in the maintenance of equipment and buildings;
(d) lubricants, greases, compounding materials, and other materials used in production or used to operate equipment and buildings;
(e) gloves, glasses, footwear, clothing, safety equipment and supplies;
(f) equipment, devices, and supplies used for testing or inspecting the goods;
(g) catalysts and solvents; and
(h) any other goods that are not incorporated into the good but whose use in the
production of the good can reasonably be demonstrated to be a part of that production;
of this Chapter;
SECTION B: ORIGIN DETERMINATION Article 3.2
Criteria of Origin
For purposes of this Agreement, an originating good means a good which fulfils Article
3.12 and any of the following:
(a) wholly obtained in the territory of a Party;
(b) produced entirely in the territory of one or both of the Parties; or
(c) for goods:
(i) other than goods subject to Article 3.3, fulfills a minimum of a local value content of 35%, calculated using the following method:
LVC = AV - VNM x 100
“LVC” is the local value content, expressed as a percentage;
“AV” is the appraised value; and
“VNM” is the value of non-originating materials that are acquired and used by the producer in the production of the good.
(ii) subject to Article 3.3, satisfies the conditions set out in Article 3.3.
Textile and Apparel Goods
A textile or apparel good shall be considered to be wholly the growth, product or manufacture of a Party, or a new or different article of commerce that has been grown, produced, or manufactured in a Party; only if
(a) the good is wholly obtained or produced in a Party;
(b) the good is a yarn, thread, twine, cordage, rope, cable, or braiding, and,
(i) the constituent staple fibers are spun in that Party, or
(ii) the continuous filament is extruded in that Party;
(c) the good is a fabric, including a fabric classified under Chapter 59 of the Harmonized System, and the constituent fibers, filaments, or yarns are woven, knitted, needled, tufted, felted, entangled, or transformed by any other fabric-making process in that Party; or
(d) the good is any other textile or apparel product that is wholly assembled in that Party from its component pieces.
(a) Notwithstanding Article 3.3.1(d), and except as provided in Articles
3.3.2(c) and (d), whether this Agreement shall apply to a good that is classified under one of the following Harmonized System headings or subheadings shall be determined under Article 3.3.1(a), (b) or (c), as appropriate: 5609, 5807, 5811, 6220.127.116.11, 6213, 6214, 6301, 6302,
6304, 6305, 6306, 6307.10, 6307.90, 6308, or 9404.90.
(b) Notwithstanding Article 3.3.1(d), and except as provided in Articles
3.3.2(c) and (d), this Agreement shall apply to a textile or apparel good which is knit to shape in a Party.
(c) Notwithstanding Article 3.3.1(d), this Agreement shall apply to goods classified under Harmonized System heading 6117.10, 6213.00, 6214.00,
6302.22, 6302.29, 6302.52, 6302.53, 6302.59, 6302.92, 6302.93, 6302.99,
6303.92, 6303.99, 6304.19, 6304.93, 6304.99, 9404.90.85, or 9404.90.95, except for goods classified under such headings as of cotton or of wool or consisting of fiber blends containing 16 percent or more by weight of cotton, if the fabric in the goods is both dyed and printed, when such dyeing and printing is accompanied by 2 or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing.
(d) Notwithstanding Article 3.3.1(c), this Agreement shall apply to fabric classified under the Harmonized System as of silk, cotton, man-made fiber
or vegetable fiber if the fabric is both dyed and printed in a Party, and such dyeing and printing is accompanied by 2 or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing.
Value of Materials
The value of a material used in production of a good in a Party shall be the Cost, Insurance and Freight (CIF) value and shall be determined in accordance with Article VII of the GATT 1994 and the WTO Agreement on Customs Valuation, or, if this is not known and cannot be ascertained, the first ascertainable price known by the manufacturer to have been paid for the material in the Party.
A good shall not be considered to be originating solely by reason of:
(a) mere dilution with water or another substance that does not materially alter the characteristics of the good;
(b) preserving operations to ensure that the good remains in good condition during transport and storage;
(c) bulk breaking and assembly of packages;
(d) washing, cleaning; removal of dust, oxide, oil, paint or other coverings;
(e) ironing or pressing of textiles;
(f) simple painting and polishing operations;
(g) husking, partial or total bleaching, polishing and glazing of cereals and rice;
(h) operations to color sugar or form sugar lumps;
(i) peeling, stoning and shelling, of fruits, nuts and vegetables;
(j) sharpening, simple grinding or simple cutting;
(k) sifting, screening, sorting, classifying, grading, matching; (including the making-up of sets of articles);
(l) simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations;
(m) affixing or printing marks, labels, logos and other like distinguishing signs on goods or their packaging;
(n) simple mixing of goods, whether or not of different kinds;
(o) simple assembly of parts of articles to constitute a complete article or disassembly of products into parts;
(p) a combination of two or more operations specified in Articles 3.5(a)-(o); or
(q) slaughter of animals.
Accessories, Spare Parts and Tools
Each Party shall provide that accessories, spare parts, or tools delivered with a good that form part of the good's standard accessories, spare parts, or tools, shall be taken into account as originating or non-originating materials, as the case may be, in calculating the local value content of the good.
Fungible Goods and Materials
Packaging Materials and Containers for Retail Sale
Each Party shall provide that the value of packaging materials and containers in which a
good is packaged for retail sale, shall be taken into account as originating or non- originating materials, as the case may be, in calculating the local value content of the good.
Packing Materials and Containers for Shipment
Each Party shall provide that packing materials and containers in which a good is packed for shipment shall be disregarded in determining whether the good satisfies the local value content requirement.
Each Party shall provide that an indirect material shall be treated as an originating material without regard to where it is produced and its value shall be the cost registered in the accounting records of the producer of the good.
A good shall be considered to be directly transported if the good is:
(a) transported directly from the territory of a Party to the territory of the other
(b) transported through the territories of one or more non-Parties, provided that the goods:
(i) did not undergo operations other than packing, packaging, unloading, reloading or operations to preserve them in good condition in the territory of any such non-Party; and
(ii) were not traded or used in the territory of any such non-Party ; and
(iii) invoices and bills of lading show that the good was shipped from a
Party, and that the other Party is the final destination.
SECTION C: SUPPORTING INFORMATION AND VERIFICATION
Certificate of Origin
Article 3.13.4 shall be promptly notified to the other Party.
(a) require an exporter in its territory to complete and sign an application for a Certificate of Origin for any good for which an importer may claim preferential tariff treatment on importation of the good into the territory of the other Party; and
(b) provide that where an exporter in its territory is not the producer of the good, the exporter may complete and sign an application for a Certificate of Origin on the basis of:
(i) its knowledge that the good qualifies as an originating good,
(ii) its reasonable reliance on the producer's written representation that the good qualifies as an originating good.
relevant authorities is valid for a single shipment of the good into the other Party's territory.
Claims for Preferential Treatment
(a) has the original Certificate of Origin or an authenticated copy thereof in its possession; and
(b) provides the original Certificate of Origin or an authenticated copy thereof
if requested by the importing Party.
18.104.22.168 were not fulfilled at time of import, if:
(a) a sum amounting to the rate of customs duties payable is paid at the time of import;
(b) the importer indicates at time of import of goods that a claim of preferential tariff treatment will be made subsequently; and
(c) the claim for preferential tariff treatment is made and the documents required under Article 3.14.1 are provided within 7 days from the date of payment of the sum in Article 3.14.4(a), or such longer period as provided for under the importing Party’s domestic laws, subject to domestic laws and practices in the importing Party.
Upon satisfaction of the conditions in this paragraph, the importing Party shall
refund the difference between the preferential customs duties and charges and non- preferential duties and charges to the importer.
Obligations relating to Importations
if the importer fails to comply with any requirement of this Chapter.
Waiver of requirement for Certificate of Origin
The importing Party shall not require a Certificate of Origin from importers for:
(a) an importation of a consignment of a good whose aggregate customs value does not exceed USD$1000 or its equivalent amount; or
(b) an importation of a good into its territory, for which the importing Party has waived the requirement for a certification of origin.
Record Keeping Requirement
Each Party may require that importers maintain for up to 3 years after the date of importation, records relating to the importation of the good, and may require that an importer provide, upon request, records which are necessary to demonstrate that a good qualifies as an originating good, including records concerning:
(a) the purchase of, cost of, value of, and payment for, the good;
(b) the purchase of, cost of, value of, and payment for, all materials, including indirect materials, used in the production of the good; and
(c) the production of the good in the form in which the good is exported.
Cooperation on Verification on Certificates of Origin
(a) requests for information from the importer;
(b) written requests for information to an exporter or a producer in the territory
of the other Party through the customs authorities of the exporting Party;
(c) visits to the premises of an exporter or a producer in the territory of the other Party, with their consent and in accordance with any procedures that the Parties jointly adopt pertaining to such verification; or
(d) such other procedures as the Parties may agree.
its territory does not qualify as an originating good based on a tariff classification
or a value applied by the Party to one or more materials used in the production of the good, which differs from the tariff classification or value applied to the materials by the Party from whose territory the good was exported, the Party's determination shall not become effective until it notifies in writing both the importer of the good and the person that completed and signed the Certificate of Origin for the good of its determination.
of the good or the person who completed and signed the Certificate of Origin for the good demonstrates that it has relied in good faith to its detriment on the tariff classification or value applied to such materials by the customs administration of the Party from whose territory the good was exported.
(a) provide that an importer in its territory or an exporter or producer in the territory of the other Party, or their agents, may request such a ruling prior
to the importation in question;
(b) include a detailed description of the information required to process a request for an advance ruling; and
(c) provide that the advance ruling be based on the facts and circumstances presented by the person requesting the ruling.
(a) may request, at any time during the course of evaluating a request for an advance ruling, additional information necessary to evaluate the request;
(b) shall issue the advance ruling expeditiously, and within 120 days after obtaining all necessary information; and
(c) shall provide, upon request of the person who requested the advance ruling,
a full explanation of the reasons for the ruling.
its customs authorities is effective either on the date of issuance of the ruling or on such date(s) as may be specified in the advance ruling. The treatment provided by the advance ruling shall be applied to importations without regard to the identity of the importer, exporter or producer, provided that the facts and circumstances are identical in all material respects.
(a) the ruling was based on an error of fact or law; or
(b) if there is a change of either the law (and that such change in law is not inconsistent with this Agreement), material facts or circumstances on which the advance ruling is based.
The issuing Party shall notify the applicant of such modification or revocation. The issuing Party may postpone the effective date of such modification or revocation for a period of not less than 60 days if the person to whom the ruling was issued has relied in good faith on that ruling.
SECTION D: CONSULTATIONS, MODIFICATIONS AND APPLICATION
Consultations, Modifications and Application
(a) the basis for tariff classification is the Harmonized System;
(b) any cost and value referred to in this Chapter shall be recorded and maintained in accordance with the generally accepted accounting principles applicable in the territory of the Party in which the good is produced.
TRADE IN SERVICES
Scope and Coverage
This Chapter applies to measures by a Party affecting trade in services between the Parties.
of services, treatment no less favorable than that it accords to its own like services and service suppliers4.
3 If a Party undertakes a market-access commitment in relation to the supply of a service through the mode of supply referred to in sub-paragraph 2(a) of Article I of the GATS 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 sub-paragraph 2(c) of Article 1 of the GATS, it is thereby committed to allow related transfers of capital into its territory.
4 Specific commitments assumed under this Article shall not be construed to require any Party to compensate
for any inherent competitive disadvantages which result from the foreign character of the relevant services or service suppliers.
service suppliers of the other Party, either formally identical treatment or formally different treatment to that it accords to its own like services and service suppliers.
Incorporation of Provisions from the GATS5
mutatis mutandis, as if those provisions were fully set out herein.
if those provisions were fully set out herein, except sub-paragraph (k) of Article
XXVIII of the GATS which the Parties agree to incorporate as modified below:
“natural person of a Party means a natural person who resides in the territory of the
Party or elsewhere and who under the law of that Party:
4.4.2, any reference in the GATS to:
5 - Nothing in this Chapter shall constitute an obligation on a Party towards Article II of the GATS.
- Nothing in this Chapter shall require a Party to take any action with regard to the WTO or a Council, Committee, Body or the Ministerial Conference of the WTO.
to Article VI:4 of the GATS. Pursuant to such developments, the Parties shall enter into consultations to consider any amendment to this Agreement as appropriate.
Schedule of Specific Commitments
(a) terms, limitations and conditions on market access;
(b) conditions and qualifications on national treatment;
(c) undertakings relating to additional commitments;
(d) where appropriate the time-frame for implementation of such commitments;
(e) the date of entry into force of such commitments.
in the Schedule of specific commitments prior to such consultations is maintained. Such modifications shall take effect on such dates as may be agreed by the Parties.
The Parties may negotiate commitments with respect to measures affecting trade in services not subject to scheduling under Articles 4.2 or 4.3, including those regarding qualifications, standards or licensing matters. Such commitments shall be inscribed in a Party’s Schedule of specific commitments.
At the meetings of the Joint Committee pursuant to Article 8.1, the Parties shall consider possible ways of improving commitments in the context of new services, taking into account the level of development of such services in each Party.
or experience obtained, requirements met, or licenses or certifications granted in the other Party.
Chapter, mutatis mutandis, as if those provisions were fully set out herein.
4.9.2, account shall be taken of international standards of relevant international organisations6 applied by that Party.
Monopolies and Exclusive Service Suppliers
Chapter, mutatis mutandis, as if those provisions were fully set out herein.
Articles 4.2 and 4.3 shall not apply to laws, regulations or requirements governing the procurement by governmental agencies of services purchased for governmental purposes and not with a view to commercial resale or with a view to use in the supply of services for commercial sale.
Payments and Transfers
to its specific commitments.
in conformity with the said Articles of Agreement, provided that a Party shall not impose restrictions on any capital transactions in a manner inconsistent with its specific commitments regarding such transactions, except as otherwise provided under Article 4.13 or at the request of the International Monetary Fund.
6 The term "relevant international organizations" refers to international bodies whose membership is open to the relevant bodies of both Parties.
Restrictions to Safeguard Balance of Payments
threat thereof, a Party may adopt or maintain restrictions on trade in services on which it has undertaken specific commitments, including on payments or transfers for transactions relating to such commitments. It is recognised that particular pressures on the balance of payments of a Party in the process of economic development may necessitate the use of restrictions to ensure, inter alia, the maintenance of a level of financial reserves adequate for the implementation of its programme of economic development.
Article 4.13.1 improves; and
supply of services which are more essential to their economic or development programmes. However, such restrictions shall not be adopted or maintained for the purpose of protecting a particular service sector.
by the time of their entry into force, all relevant measures of general application which pertain to or affect the operation of this Chapter. International agreements pertaining to or affecting trade in services to which a Party is a signatory shall also
be made otherwise publicly available.
Denial of Benefits
A Party may deny the benefits of this Chapter:
or in the territory of a non-Party;
After 4 years of the entry into force of this Agreement and at subsequent meetings of the Joint Committee pursuant to Article 8.1, the Parties shall review their commitments in telecommunications services under this Agreement with a view to making improved commitments to each other in the area of telecommunications regulation, taking into account developments in the telecommunications environment in both Parties. If, at the first and second meetings of the Joint Committee, there is mutual interest by both Parties, they will review their commitments in the telecommunications services.
Financial Services Cooperation
The Parties recognize the growing importance of financial services, including capital markets7, treasury8 and commodities. In their efforts to promote financial services, including Islamic financial services and facilitate the development of financial markets, the Parties agree to develop a framework for mutual understanding and cooperation between
the regulators of both Parties.
The Parties shall encourage, as appropriate, cooperation between their enterprises, associations and authorities operating in the field of land, maritime and aviation transport
in order to facilitate the transportation of passengers and flow of goods between the
7 Covers fund raising, distribution and trading activities in debt, loan syndication, equity markets, clearance and settlements.
8 Covers foreign exchange and derivatives.
Recognizing the economic growth and opportunities provided by electronic commerce and the importance of avoiding barriers to its use and development, each Party shall seek to refrain from:
The Parties shall make publicly available all relevant laws, regulations, and requirements affecting electronic commerce.
Scope and Coverage
The Parties recognise that efforts to facilitate exchange and collaboration between private enterprises of the Parties will act as a catalyst to promote trade and investment in Jordan, Singapore, the Middle East and Southeast Asia. To this end, the Parties shall cooperate in promoting trade and investment activities by private enterprises of the Parties.
Forms of Cooperation
For the purposes of Article 6.1, cooperation between the Parties means the following:
in Jordan, Singapore, the Middle East and Southeast Asia;
Jordan and Singapore to facilitate business and tourism-related travel; and
The Parties shall, at the meetings of the Joint Committee pursuant to Article 8.1, review the forms of cooperation set forth in this Chapter and shall, where appropriate, recommend ways or areas of further cooperation between the Parties.
Scope and Coverage
(a) that a measure of the other Party is inconsistent with the provisions of this
(b) that a benefit accruing to it under this Agreement, either directly or indirectly, is being nullified or impaired by a measure applied by the other Party as a result of a measure that is not inconsistent with this Agreement.
reasons for the request, including identification of the measures at issue and an indication of the legal basis of the complaint.
Reference of Disputes to the Joint Committee or the Arbitral Tribunal
45 days after the dispute was referred to it, or within such other period as the Joint Committee has specified, the complaining Party may make a written request to the other Party to appoint an arbitral tribunal, which should include a statement of the claim and the grounds on which it is based.
(a) reviewing the functioning and results of this Agreement and the Bilateral
Investment Treaty signed between the Parties at Amman, Jordan on 16 May
2004 (hereafter, “the Bilateral Investment Treaty”), in light of their objectives, and considering ways of improving trade relations, investment and cooperation between the Parties, and furthering the objectives of this Agreement and the aforesaid Bilateral Investment Treaty;
(b) considering any matter that may affect the operation of this Agreement;
(c) reviewing any claim by a Party pursuant to the letter exchange on Article 5
of the Bilateral Investment Treaty;
(d) considering and adopting by mutual agreement, any amendment to this Agreement. If the Parties agree, any amendment may be considered and adopted by mutual agreement in writing without requiring a meeting of the Joint Committee. The adoption of any amendment shall be subject to Article 8.11;
(e) facilitating the avoidance and settlement of disputes in accordance with
(f) developing guidelines, explanatory materials, and rules on the proper implementation of this Agreement as may be agreed upon by the Parties.
be headed by each Party’s minister primarily responsible for international trade or its designees.
of this Agreement. The Joint Committee shall thereafter normally convene every two years thereafter in regular sessions, or at such other dates and intervals as may
be agreed upon by the Parties, and shall alternately be held in the territory of each Party. Special meetings of the Joint Committee shall be convened within 45 days at the request of either Party and shall be held in the territory of the responding Party. Any subsequent special meetings in respect of the same matter shall be alternately held in the territory of each Party.
Each Party shall designate, before the entry into force of this Agreement, a Contact Point
to facilitate communications between the Parties on any matter covered by this Agreement. On the request of a Party, the Contact Point of the requested Party shall identify the office
or official responsible for the matter in question and assist, as necessary, in facilitating communication with the requesting Party. The Contact Point shall receive official correspondence related to this Agreement and provide administrative assistance to the Joint Committee and to arbitral tribunals established under Chapter 7.
Disclosure of Confidential Information
Nothing in this Agreement shall require any Party to provide confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice legitimate commercial interests of particular enterprises, public or private.
Security and Confidentiality
Nothing in this Agreement shall be construed:
(a) to require any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests;
(b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests:
(i) relating to fissionable and fussionable materials or the materials
from which they are derived;
(ii) relating to the supply of services as carried out directly or indirectly for the purpose of provisioning a military establishment;
(iii) relating to the traffic in arms, ammunition and implements 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; or
(iv) taken in time of war or other emergency in international relations;
(c) to prevent any Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
Pursuant to Jordan’s 12th July 2000 application to accede to the WTO Agreement on Government Procurement, the Parties shall enter into negotiations with regard to Jordan’s accession to that Agreement.
Subject to Chapter 4, the rights and obligations of the Parties in respect of investments shall be governed by the Bilateral Investment Treaty signed between the Parties at Amman, Jordan on 16 May 2004.
Intellectual Property Rights
Each Party affirms its commitments in connection with intellectual property rights under the WTO Agreement.
For the purposes of this Agreement:
(a) “days” means calendar days, including weekends and holidays;
(b) “WTO” means the World Trade Organization
Annexes and Footnotes
The Annexes and footnotes to this Agreement are integral parts of this Agreement.
Entry into force
This Agreement and any amendments to it shall come into force 60 days after the date of the last notification through which the Parties have informed each other, through diplomatic channels, that the necessary domestic requirements for entry into force have been complied with, or after such other period as the Parties may agree.
Duration and Termination
This Agreement shall remain in force unless terminated by either Party by written notification to the other Party. This Agreement shall expire six months after the date of such notification.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective
Governments, have signed this Agreement.
DONE at Amman, Jordan, in duplicate, in the English language, this 16th day of May
2004, which corresponds to this 26th day of Rabi’ Al-Awal, 1425 H. An Arabic text of the Agreement shall be prepared by Jordan that shall be considered equally authentic upon receipt of the text by Singapore via diplomatic channels. In the event of a discrepancy, the English text shall prevail.
GOVERNMENT OF THE HASHEMITE KINGDOM OF JORDAN
GOVERNMENT OF THE REPUBLIC OF SINGAPORE
DR. MOHAMAD HALAIQAH MR. RAYMOND LIM
DEPUTY PRIME MINISTER
MINISTER OF INDUSTRY AND TRADE
MINISTER OF STATE
FOR FOREIGN AFFAIRS AND TRADE AND INDUSTRY