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India-Singapore Comprehensive Economic Cooperation Agreement

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ANNEX 7B


SINGAPORE’S SCHEDULE OF SPECIFIC COMMITMENTS


EXPLANATORY NOTES


  1. The classification of service sectors in this schedule is based on the 1991

provisional Central Product Classification (CPC) of the United Nations Statistical Office unless otherwise indicated by the absence of a CPC number. The ordering reflects the services sectoral classification list as used in the GATT document MTN.GNS/W/120 dated 10 July 1991. The scheduling of specific commitments follows the guidelines stated in GATT documents MTN.GNS/W/164 dated 3

September 1993 and MTN.GNS/W/164/Add.1 dated 30 November 1993.


  1. 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 entry “Unbound*” means unbound due to lack of technical feasibility.
  2. Cabotage services in the maritime transport sector are not listed in this

Schedule, as Chapter 7 does not apply to those services.


443



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments

HORIZONTAL COMMITMENTS
ALL SECTORS INCLUDED IN THIS SCHEDULE





1), 2), 3), 4):

Unbound for all subsidies and grants and any conditions attached to the receipt or continued receipt of such subsidies or grants.



3) Commercial 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 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


444



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments


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 Singapore citizen or Singapore permanent resident or Singapore Employment Pass
holder.)


4) Presence of natural persons unbound, except as specified in the Chapter 9 on Movement of Natural Persons.
4) Unbound


445



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments

SECTOR SPECIFIC COMMITMENTS

1. BUSINESS SERVICES
A. Professional Services
Legal consultancy services for Indian law
(861**)
1) Unbound

2) None

3) Unbound

4) Unbound except as indicated in the horizontal section
1) Unbound

2) None

3) Unbound

4) Unbound

Accounting, auditing and bookkeeping services, except for financial auditing services
(862 **)
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound


446



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
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 services
(863 **)
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound

Other tax-related services
(86309)
1) and 3) 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 Accountants Board can practise as tax consultants for local tax laws.
1) None

2) None

3) None

4) Unbound


447



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments

2) None

4) Unbound except as indicated in the horizontal section


Architectural services
(8671)
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound

Engineering services and integrated engineering services
(8672 & 8673)
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
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


448



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments




Urban planning services
(86741)
1) Unbound

2) None

3) Unbound

4) Unbound except as indicated in the horizontal section
1) Unbound

2) None

3) Unbound

4) Unbound

Landscape architectural 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
(93121 & 93122)
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
1) None

2) None

3) None

4) Unbound


449



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments

4) Unbound except as indicated in
the horizontal section


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

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

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


450



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments




Other professional services
1) Unbound

2) None

3) Unbound

4) Unbound except as indicated in the horizontal section
1) Unbound

2) None

3) Unbound

4) Unbound


  1. Computer
and Related Services



Consultancy Services related to the implementation of computer hardware
(841)

Software implementation services
(842)

Data processing services
(843)
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound


451



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments

Database services
(844)

Other computer services
(845, 849)




C. Research and Development Services



Research and development services on natural sciences
(851)
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound

Research and development services on social sciences and humanities, except
1) None

2) None

3) None
1) None

2) None

3) None


452



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
legal research
(852**)

4) Unbound except as indicated in the horizontal section

4) Unbound

Interdisciplinary research and development services
(853 )
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound


D. Real Estate
Services



Real estate services, including real
estate appraisal services of all types of properties (i.e., 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
1) None

2) None

3) None except that unbound for the purchase of land for the development of residential housing

4) Unbound


453



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments

4) Unbound except as indicated in the horizontal section



E. Rental/Leasing Services without Operators



Leasing or rental services without operators relating to ships
(83103)
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 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


454



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
Leasing or rental services concerning private cars, goods transport vehicles, and other land transport equipment without operators
(83101, 83102,
83105)
1) None except that the rental of such vehicles by Singapore residents 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 such vehicles by Singapore residents with the intent to use the vehicles in Singapore is prohibited

2) None

3) None

4) Unbound

Leasing or rental services relating to other machinery and equipment
(83106-83109)
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 concerning personal and household goods
(832)
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound


455



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments

F. Other Business
Services



Advertising services
(871)
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

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


456



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
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 and analysis services, excluding testing and analysis services of automobiles
(8676 **)
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound

Testing and analysis services of automobiles
(86763**)
1) Unbound*

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) Unbound*

2) None

3) None

4) Unbound


457



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
Services incidental to agriculture, hunting, forestry and fishing, excluding:
a) services of farm labour contractors;
  1. firefighting;
  2. forest services including forest damage services; and
  3. logging related services
but including consultancy services for forest service including forest service,
and logging related services
( 881**, 882 **)
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound

Services incidental to mining
(883, 5115)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section
1) None
2) None
3) None
4) Unbound


458



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
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

Transport distribution, retail and services incidental to the distribution of piped gas
1) Unbound*

2) None

3) Unbound except for trading and retailing of natural gas

4) Unbound except as indicated in the horizontal section
1) Unbound*

2) None

3) Unbound

4) Unbound

Retail of electricity
1) Unbound*

2) None

3) Unbound except for supply of electricity above five MW

4) Unbound except as indicated in the horizontal section
1) Unbound*

2) None

3) Unbound

4) Unbound


459



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
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

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound


460



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
Unarmed guard services
(87305 **)
Horizontal limitations on market
access and national treatment
All commitments in this sector 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 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

1) Unbound*

2) None

3) None


461



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments


3) None

4) Unbound except as indicated in the horizontal section

4) Unbound

Geological, geophysical and other scientific prospecting services
(86751)
1) Unbound

2) None

3) Unbound

4) Unbound except as indicated in the horizontal section
1) Unbound

2) None

3) Unbound

4) Unbound

Surveying services except hydrographic related surface surveying and map making 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 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


462



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments


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 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.


463



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments


4) Unbound

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 services
(874)
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) None

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


464



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
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, and secretarial 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

Telephone answering services
(87903)

This excludes services licensed and regulated under the Singapore Broadcasting Authority Act
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound


465



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
Duplicating services
(87904)
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 services
(87905)
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound

Mailing list compilation and mailing services
(87906)
Horizontal limitation on market access
and national treatment
All commitments in this sector are subject to the limitations in the postal services sector (7511)
1) None
2) None
3) None
4) Unbound except as indicated in the horizontal section

1) None
2) None
3) None
4) Unbound


466



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
Speciality 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, excluding letters and postcards
(7512**)
1) Unbound

2) None

3) Unbound

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound


467



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments

C. Telecommunic- ation Services*

General Conditions statement

Commitments undertaken in this schedule are subject to the following conditions:

1. Each service listed in subsectors 1 and 2 must be licensed through a public tender process.
2. The number of licenses may be limited due to scarce resources, such as rights of way.
1. Basic Tele- communication Services
(facilities-based)

a. Public Switched Services1 (local and international)
b. Leased Circuit Services (local and international)

* Excludes services licensed and regulated under the Broadcasting Act
(Cap. 28)
1) Subject to commercial arrangements with licensed operator(s).

2) None

3) A cumulative total of 73.99% foreign shareholding, based on 49% direct investment and 24.99% indirect investment is allowed.

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound


1 This includes voice, data and facsimile services.


468



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
2. Mobile Services:

a. Public Mobile
Data Service
(PMDS)
b. Public Trunked
Radio Service
(PTRS)
c. Public Radio
Paging Service
(PRPS)
d. Public Cellular Mobile Telephone Service
(PCMTS)
1) Subject to commercial arrangements with licensed operator(s).

2) None

3) A cumulative total of 73.99% foreign shareholding, based on 49% direct investment and 24.99% indirect investment is allowed.

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound

3. Resale basis:

a. Public Switched Services (local and international)
(not including the use of leased circuits connected to the public switched network)
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound


469



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
b. Leased Circuit Services (local and international)
(without conneciton to the public switched network)
c. Public Cellular Mobile Telephone Services
d. Public Radio
Paging Services



4. Value-added Network (VAN) Services

The services covered are:
- electronic-mail
- voice-mail
- on-line information and data-base retrieval
1) & 3) Provision of VAN services is subject to licence from the InfoComm Development Authority of Singapore
(IDA).

The basic requirements for VAN
licence are:
- Foreign companies are required to either set up a local branch of their company duly registered with the Registry of Companies and Businesses in Singapore, or grant a
1) None

2) None

3) None

4) Unbound


470



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
- electronic data interchange
- on-line information and/or data processing
power of attorney to a local agent for the provision of their VAN services in Singapore.
- VAN does not carry traffic which resembles any of the basic telecommunication services

2) None

4) Unbound except as indicated in the horizontal section



D. Audiovisual
Services



Motion picture and video tape production and distribution
services
(9611)
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound


471



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
Motion picture projection service
(9612)
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound

Production, distribution and public display of sound recordings
(This does not
include all broadcasting and AV services and
materials that are broadcasting-related, examples being
- Free-to-air broadcasting
- Cable and pay television
- Direct broadcasting by satellite
- Teletext)
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound


472



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments

  1. CONSTRUC- TION AND RELATED ENGINEER- ING SERVICES



Pre-erection work
at construction sites
(511)

Construction work for buildings (512)

Construction work for civil
engineering (513)

Assembly and erection of prefabricated constructions (514)

Special trade construction work
(515)
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound


473



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments

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)




4.DISTRIBUTION SERVICES



  1. Commission
Agents’ Services



Commission agents’ services,
except sales on a fee or contract basis of pharmaceutical and
Horizontal limitation on market access
and national treatment
Unless otherwise specified, distribution services of any product subject to
import prohibition or non-automatic



474



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
medical goods and cosmetics
(621**, except
62117)
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

Sales on a fee or contract basis of pharmaceutical and medical goods and cosmetics not intended for the Singapore market
(62117**)
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


475



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments




Sales on a fee or contract basis of pharmaceutical goods and medical goods and cosmetics intended for the Singapore market
(62117**)
1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) Unbound

2) None

3) None

4) Unbound


B. Wholesale
Trade Services



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


476



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
Wholesale trade of pharmaceutical goods 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


C. Retailing
Services

Retailing services except for:
  1. food, beverages and tobacco
  2. pharmaceutical goods and medical goods
  3. sale of motor vehicles
(632 **)
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) Unbound
2) None
3) None
4) Unbound except as indicated in the horizontal section

1) Unbound
2) None
3) None
4) Unbound


477



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
Retail sales of food, beverages and tobacco
(6310)
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) Unbound

2) None

3) Unbound

4) Unbound except as indicated in the horizontal section
1) Unbound

2) None

3) Unbound

4) Unbound

Retail sales of pharmaceutical, medical and orthopaedic goods
(63211)
1) Unbound

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) Unbound

2) None

3) None

4) Unbound


478



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
Sales of motor vehicles

Only:
Wholesale trade services of motor vehicles
(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)
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound


479



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments

D. Franchising



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


5. EDUCATION SERVICES

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 services
(92230, 92240,
92310)
1) None

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) None

2) None

3) None

4) Unbound


480



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
Other higher education services
(92390)
1) None

2) None

3) None except that the number of persons who can pursue medical degrees will 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

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


481



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments

6. ENVIRON- MENTAL SERVICES



Environmental services except:
  1. sewage services
(94010)
  1. new environmental services
(94**)
1) Unbound*

2) None

3) None

4) Unbound except as indicated in the horizontal section
1) Unbound*

2) None

3) None

4) Unbound

Sewage Services
(94010)
1) Unbound

2) None

3) Unbound

4) Unbound except as indicated in the horizontal section
1) Unbound

2) None

3) Unbound

4) Unbound


482



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
7. FINANCIAL SERVICES



  1. Insurance and insurance-related services
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 Article 7.10 (Domestic Regulation) and paragraph 2 (Domestic Regulation) of the Annex on Financial Services. For the avoidance
of doubt, any juridical person of India intending to supply financial services through commercial presence in Singapore in accordance with the commitments in this Schedule, shall be subject to the relevant admission criteria for the supply of the particular financial service.
(a) Life insurance services including
annuity, disability income, accident and health insurance services
(1) Unbound
(2) None
(3) These measures are also limitations on national treatment.

None except
  1. insurance companies must establish as branches or subsidiaries; and
  2. activities relating to the use, including via investment, of monies from any social security, public retirement or statutory savings scheme.
(4) Unbound except as indicated in the horizontal section.
(1) Unbound
(2) None
(3) None
(4) Unbound


483



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
(b) Non-life insurance services including disability income, accident and health insurance and contracts of fidelity bonds, performance bonds or similar contracts of
guarantee
(1) Unbound

(2) None except that compulsory insurance of Motor Third Party Liability and Workmen's
Compensation may only be purchased from licensed insurance companies in Singapore.

(3) None except insurance
companies must establish as branches or subsidiaries.

(4) Unbound except as indicated in the horizontal section.
(1) Unbound

(2) None

(3) None

(4) Unbound

(c) Reinsurance and retrocession
(1) None

(2) None

(3) None except reinsurance companies must establish as branches or subsidiaries.

(4) Unbound except as indicated in the horizontal section.
(1) None

(2) None

(3) None

(4) Unbound


484



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
(d) Insurance intermediation comprising broking and agency services
(1) Unbound
(2) These measures are also limitations on national treatment.

Agents are not allowed to act for unlicensed insurers. The placement of domestic risks outside Singapore by brokers is subject to the approval of MAS, with the exception of reinsurance risks and insurance risks relating to maritime liabilities of shipowners insured by protection & indemnity clubs, or marine, aviation and transit business insured with an approved MAT insurer.
(3) These measures are also limitations on national treatment.
None except that direct insurance2 and reinsurance brokers must be
established as Singapore incorporated subsidiaries.
(4) Unbound except as indicated in the horizontal section.
(1) Unbound

(2) None

(3) Unbound

(4) Unbound


2 Direct insurance broker means an insurance broker which is licensed under the Insurance Act in respect of insurance policies relating to general business and long term accident and health policies, other than insurance policies relating to reinsurance business.


485



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments
(e) Services 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

  1. Banking and other financial services
All the commitments in this Schedule are also subject to entry requirements, domestic laws, guidelines, rules and regulations, terms and conditions of MAS or any other relevant authority or body in Singapore, as the case may be, which are consistent with Article 7.10 (Domestic Regulation) and paragraph 2 (Domestic Regulation) of the Annex on Financial Services. For the avoidance of doubt, any juridical person of India intending to supply financial services through commercial presence in Singapore in accordance with the commitments in this Schedule, shall be subject to the relevant admission criteria for the supply of the particular financial service.
(a) Acceptance of deposits and other repayable funds from the public
(1) Unbound

(2) None

(3) These measures are also limitations on national treatment.
Only institutions licensed or approved as banks, merchant banks and finance companies can accept deposits.
(1) Unbound

(2) None

(3) Commercial banks

A bank incorporated in Singapore is required to establish a nominating committee to identify and review nominations for appointments to the board of directors and to senior


486



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments

Where a foreign financial institution is subject to legislation in its home country 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, MAS may exercise appropriate differentiated measures against that foreign financial institution in Singapore to safeguard the interest
of the Singapore office's depositors

Foreign banks can operate from only one office (excluding back-office operations). They cannot establish off- premise ATMs and ATM networking and new sub-branches.

Location of banks and relocation of banks and sub-branches require
prior approval from MAS.
MAS may require foreign banks to incorporate under Singapore law.

Establishment and operation of foreign banks, merchant banks and finance companies are also subject to
executive positions. A majority of the directors of a bank incorporated in Singapore must be either Singapore citizens or Singapore permanent residents.

Unbound for provision of all electronic banking services.


487



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments

the limitations listed under activities B(a)
to B(l) and the following limitations: Commercial banks
New foreign banks may establish as offshore bank branches or representative offices. Representative offices cannot
conduct business or act as agents.

No new full bank licences will be granted to foreign banks.

Up to a maximum of 3 bank licences with Qualifying Full Bank (QFB) privileges may be granted to Indian Banks with or without operations in Singapore after the date of entry into force of this Agreement and such Indian Banks may be admitted directly* as QFBs.

*Such admissions are subject to the requirements set out in the Head notes to this Schedule.

Any Indian Bank with QFB privileges is allowed to:

(a) establish up to 25 customer service locations;
(b) establish an ATM network among
QFBs;



488



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments

(c) provide debit services through an Electronic Funds Transfer at Point of Sale (EFTPOS) network;
(d) provide Supplementary
Retirement Scheme (SRS)
accounts and CPFIS accounts, and
(e) accept fixed deposits under the
Central Provident Fund
Investment Scheme and Minimum
Sum Scheme.

Only a maximum of 20 new Wholesale Bank licences will be granted by the Monetary Authority of Singapore between
30 June 2001 and 30 June 2003.

Quantitative limits on the number of Wholesale Bank (WB) licences will be removed for Indian Banks with or without operations in Singapore after the date of entry into force of this Agreement and such Banks may be admitted directly* as WBs.

*Such admissions are subject to the requirements set out in the Head notes to this Schedule.

WBs are not permitted to :
(a) accept Singapore dollar fixed deposits of less than S$250,000;
(b) offer savings accounts;



489



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments


(c) operate interest-bearing Singapore dollar current accounts for natural persons who are Singapore residents;
(d) issue Singapore dollar bonds and negotiable certificates of deposit, unless requirements pertaining to minimum maturity period, minimum denomination or class of investors contained in the Guidelines for Operation of
Wholesale Banks issued by the Monetary Authority of Singapore and/or its successor body are complied with.

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. Offshore banks can grant credit facilities not exceeding an aggregate amount of S$500million to non-bank residents.



490



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments


Banks, with MAS' approval, can operate foreign currency savings accounts only for non-residents.

No foreign person shall acting alone or in concert with other persons, assume control of any Singapore incorporated bank or a company belonging to a class of financial institutions approved as financial holding companies under section 28 of the Monetary Authority of Singapore Act (referred to as “financial holding company”).

Approval from the Minister is required before a person (together with associated persons) is allowed to
acquire indirect control over and shareholdings or voting control of or exceeding 5%, 12% and 20% in a Singapore incorporated bank or a financial holding company, and before
a Singapore incorporated bank or a financial holding company is allowed to be merged or taken over by any other body.



491



Modes of supply: 1) Cross-border supply 2) Consumption abroad
3) Commercial presence 4) Presence of natural persons
Sector or subsector
Limitations on market access
Limitations on national treatment
Additional commitments


In approving applications to exceed threshold limits, the Minister may impose conditions it considers necessary to prevent undue control, protect public interests, and ensure the integrity of the financial system.

Merchant banks

Foreign banks and merchant
banks may establish as merchant bank subsidiaries or merchant bank branches.