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Panama-Singapore Free Trade Agreement

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ANNEX I


SINGAPORE’S RESERVATIONS TO CHAPTERS 9 (INVESTMENT) &

10 (CROSS- BORDER TRADE IN SERVICES)


ANNEX I


  1. A Party’s Schedule to this Annex sets out, pursuant to Article 9.10

(Non-Conforming Measures) of Chapter 9 (Investment) and Article 10.7 (Non- Conforming Measures) of Chapter 10 (Cross-Border Trade in Services, the

reservations taken by that Party with respect to measures that do not conform

to some or all of the obligations imposed by:


(a) Article 9.3 (National Treatment) of Chapter 9 (Investment) or Article 10.3 (National Treatment) of Chapter 10 (Cross-Border Trade in Services);


(b) Article 9.4 (Most-Favoured-Nation Treatment) of Chapter 9

(Investment) or Article 10.4 (Most-Favored-Nation Treatment) of

Chapter 10 (Cross-Border Trade in Services);


(c) Article 10.5 (Market Access) of Chapter 10 (Cross-Border Trade

in Services);


(d) Article 10.6 (Local Presence) of Chapter 10 (Cross-Border

Trade in Services);


(e) Article 9.6 (Performance Requirements) of Chapter 9

(Investment); or


(f) Article 9.9 (Senior Management and Boards of Directors) of

Chapter 9 (Investment).


  1. All measures affecting Articles 10.3 (National Treatment), 10.4 (Most- Favoured-Nation Treatment), 10.5 (Market Access) and 10.6 (Local Presence) of Chapter 10 (Cross-Border Trade in Services), and Articles 9.3

(National Treatment), 9.4 (Most-Favoured-Nation Treatment), 9.6

(Performance Requirements) and 9.9 (Senior Management and Boards of Directors) of Chapter 9 (Investment) shall be stated in the description. In the interpretation of a reservation, all elements of the reservations shall be considered in their totality.


  1. A National Treatment reservation includes a reservation in respect of National Treatment under Chapters 9 (Investment) and 10 (Cross-Border Trade in Services) unless the context or circumstances require otherwise.
  2. A Most-Favored-Nation Treatment reservation includes a reservation in respect of Most-Favored-Nation Treatment under Chapters 9 (Investment) and 10 (Cross-Border Trade in Services) unless the context or circumstances require otherwise.
  3. The reservations and commitments relating to cross-border trade in services shall be read together with the relevant guidelines, stated in GATT documents MTN.GNS/W/164 dated 3 September 1993 and MTN.GNS/W/164

Add. 1 dated 30 November 1993.


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  1. Each Schedule entry sets out the following elements:

(a) sector refers to the general sector for which the entry is made;


(b) sub-sector, for Singapore, refers to the specific sub-sector for which the entry is made;


(c) industry classification refers, for Singapore, where applicable,

  1. the activity covered by the non-conforming measure, according to the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York,

1991);


(d) type of reservation specifies the obligation(s) referred to in paragraph 1 that, pursuant to Article 10.7.1 (Non-Conforming Measures) of Chapter 10 (Cross-Border Trade in Services) or Article 9.10.1 (Non-Conforming Measures) of Chapter 9

(Investment) as the case may be, do not apply to the listed measure(s) for which a reservation is taken;


(e) measures identifies the laws, regulations, rules, procedures, administrative actions or any other form for which the reservation is taken. A measure cited in the measures element:


(i) means the measure as amended, continued or renewed as of the date of entry into force of this Agreement, and


(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and


(f) description, for Singapore, sets out the non-conforming measures to which the reservation applies. For greater certainty, the fact that Singapore has described a measure in the Description element of a Schedule entry does not necessarily mean that, in the absence of such a Schedule entry, the measure would be inconsistent with Singapore’s obligations under Chapters 9 (Investment), 10 (Cross-Border Trade in Services), or 11 (Financial Services).


  1. The carve-out for subsidies in Chapter 10 (Cross-Border Trade in Services) includes subsidies or grants provided by a Party to service consumers.

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Sector All


Sub-Sector -


Industry -

classification


Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 9.3)



Source of

Measure

Insurance Act, Cap. 142, MAS Notice 149
Banking Act, Cap. 19, MAS Notice 757
Finance Companies Act, Cap. 108, MAS Notice 816
Monetary Authority of Singapore Act, Cap. 186, MAS Notice 1105
Securities and Futures Act 2001, Act 42 of 2001, MAS Notice 1201



Description of

Reservation

Cross-border Services and Investment:


Financial institutions extending Singapore dollar (S$) credit facilities exceeding S$5 million per entity to non-resident financial entities or arranging S$ equity or bond issues for non-residents, shall ensure that where the S$ proceeds are to be used outside Singapore, they are swapped or converted into foreign currency upon draw-down or before remittance abroad.


Financial institutions shall not extend S$ credit facilities to non- resident financial entities if there is reason to believe that the S$ proceeds may be used for S$ currency speculation.



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Sector All


Sub-Sector -


Industry -

Classification


Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 9.3 )



Source of

Measure

This is an administrative policy of the Government of Singapore
and is inscribed in the Memorandum and Articles of Association of
PSA Corporation.



Description of

Reservation

Cross-border Services and Investment:


The aggregate of foreign shareholdings in PSA Corporation and/or its successor body shall be subject to a 49% limit.


The “aggregate of foreign shareholdings” is defined as the total number of shares owned by:


(i) any individual who is not a Singapore national;
(ii) any corporation which is not more than 50% owned by

Singapore nationals or by the Singapore Government; and / or
(iii) any other enterprise which is not owned or controlled by the

Singapore Government.



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Sector All


Sub-Sector -


Industry -

Classification


Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 9.3)



Source of

Measure

This is an administrative policy of the Government of Singapore
and is inscribed in the Memorandum and Articles of Association of the relevant enterprises below.



Description of

Reservation

Cross-border Services and Investment:


All individual investors, apart from the Singapore government, shall be subject to the following equity ownership limits in the enterprises, and/or its successor bodies, as listed below:


Singapore Technologies Engineering - 15% PSA Corporation – 5%,
Singapore Airlines – 5%


Singapore Power, Power Grid, Power Supply, Power Gas – 10%


For the purposes of this reservation, ownership of equity by an investor in these enterprises and/or its successor bodies includes both direct and indirect ownership of equity.



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Sector All


Sub-Sector -


Industry

Classification

Type of

Reservation

-


Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Business Registration Act, Cap. 32, 2001 Revised Edition
Companies Act, Cap. 50, 1994 Revised Edition



Description of

Reservation

Cross-border Services and Investment:


Only a service supplier who is a Singapore national, Singapore permanent resident or Singapore Employment Pass holder shall be allowed to register a business without appointing a local manager.


  1. local manager shall be a Singapore national, Singapore permanent resident or Singapore Employment Pass holder.

All locally incorporated companies shall comply with the following requirements:


(i) at least 1 director of the company shall be resident in Singapore.

(ii) all branches of foreign companies registered in Singapore shall have at least 2 agents resident in Singapore.


To be resident in Singapore, a natural person shall be either a Singapore national or Singapore permanent resident or Singapore Employment Pass holder.



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Sector Business Services


Sub-Sector Architectural Services


Architectural services includes selling or supplying for gain or reward any architectural plan, drawing, tracing or the like for use in the construction, enlargement or alteration of any building or part thereof. It includes the certification and inspection of buildings for compliance with fire safety regulations.


Industry

Classification

Type of

Reservation

-


Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Description of

Reservation

Architects Act, Cap.12, 2000 Revised Edition


Cross-border Services and Investment:


All corporations and partnerships (including those which are providing architectural services as part of a multi-disciplinary corporation or practice) providing architectural services shall obtain
a licence from the Board of Architects (BOA) and/or its successor body. To qualify for the licence, the corporation or partnership shall:


(i) be under the control and management of a director or partner who is a Singapore-registered architect; where a multi-disciplinary corporation or partnership is concerned, the business of the corporation or partnership relating to architectural services shall be under the control and management of a director or partner who is a Singapore-registered architect; and


(ii) where limited corporations are concerned, the Chairman and at least two thirds of the directors of a corporation shall be Singapore- registered architects or allied professionals; where unlimited corporations are concerned, the directors or members shall be registered professional architects or allied professionals; where partnerships are concerned, the beneficial interest in the capital assets and profits of the partnership shall be held by Singapore- registered architects or allied professionals.


Allied professionals are Singapore-registered land surveyors and engineers.



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Sector Business Services


Sub-Sector Financial Auditing services and other tax-related services


Industry

Classification

CPC 86211 Financial auditing services
CPC 86309 Other Tax-related services



Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3) Local Presence (Article 10.6)
Senior Management and Boards of Directors (Article 9.9)



Source of

Measure

Accountants Act, Cap. 2, 2001 Revised Edition



Description of

Reservation

Cross-border Services and Investment:


Public accountants shall be effectively resident in Singapore or at least one of the partners of the firm shall be effectively resident in Singapore.


Only service suppliers who are registered with the Institute of Certified Public Accountants of Singapore (ICPAS) and the Public Accountants Board (PAB) and/or their successor bodies and resident in Singapore shall be appointed as an approved company auditor. At least one of the partners of the firm shall be effectively resident in Singapore.


Only public accountants registered with the Public Accountants Board (PAB) and/or its successor body shall practise as tax consultants for local tax laws.



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Sector Business services


Sub-Sector Collection agency services


Industry

Classification

CPC 87902 Collection agency services



Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Administrative



Description of

Reservation

Cross-border Services and Investment:


Only service suppliers designated by the relevant government bodies and which have local presence shall be allowed to supply collection agency services.



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Sector Business services


Sub-Sector Non-financial intangible assets


Industry

Classification

CPC 892 Non-financial intangible assets



Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Administrative



Description of

Reservation

Cross-border Services:


Only service suppliers with local presence shall be allowed to set up and register royalty collection management entities.



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Sector Business – Professional Services


Sub-Sector Land Surveying Services


Industry

Classification

Type of

Reservation

-


Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3) Local Presence (Article 10.6)
Senior Management and Boards of Director (Article 9.9)



Source of

Measure

Description of

Reservation

Land Surveyors Act, Cap. 156, 1992 Revised Edition


Cross-border Services and Investment:


All natural persons seeking to provide land surveying services in Singapore are required to register with the Land Surveyors Board, be resident in Singapore and have had practical experience in surveying in Singapore.


All corporations and partnerships (including those which are providing land surveying services as part of a multi-disciplinary corporation or practice) seeking to provide land surveying services must obtain a licence from the Board. To qualify for the licence, the corporation or partnership must:


(i) be under the control and management of a director or partner who is a registered surveyor resident in Singapore; where a multi- disciplinary corporation or partnership is concerned, the business of the corporation or partnership relating to land surveying services must be under the control and management of a director or partner who is a registered surveyor resident in Singapore; and


(ii) where corporations are concerned, all its directors must be registered surveyors or allied professionals and not less than two- thirds of each class of shares shall be beneficially owned by and registered in the names of registered surveyors and/or allied professionals; where partnerships are concerned, only registered surveyors and allied professionals can have a beneficial interest in the capital assets and profits of the partnership.


Allied professionals are professionally registered engineers and architects.



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Sector Business services


Sub-Sector Leasing or rental services concerning private cars, goods transport vehicles and other land transport equipment without operator


Industry

Classification

CPC 83101, 83102, 83105 Leasing or rental services concerning
private cars, goods transport vehicles and other land transport equipment without operator



Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 10.3)



Source of

Measure

Road Traffic Act, Cap. 276, 1994 Edition



Description of

Reservation

Cross-border Services:


The cross-border rental of private cars, goods transport vehicles and other land transport equipment without operator by Singapore residents with the intent to use the vehicles in Singapore is prohibited.



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Sector Business Services


Sub-Sector Patent Agent Services


Industry -

Classification


Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3) Local Presence (Article 10.6)
Senior Management and Boards of Directors (Article 9.9)



Source of

Measure

Patents Act, Cap. 221, 1995 Revised Edition



Description of

Reservation

Cross-border Services and Investment:


Only service suppliers registered with the Intellectual Property
Office of Singapore (IPOS) and/or its successor body and resident
in Singapore shall be allowed to carry on a business, practice or act as a patent agent in Singapore.


Only service suppliers which have at least one Singapore- registered patent agent resident in Singapore either as a director
or partner, shall be allowed to carry on a business, practice or act as a patent agent in Singapore.



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Sector Business services


Sub-Sector Placement and supply services of personnel


Industry

Classification

CPC 87204 Supply services of domestic help personnel



Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Employment Agencies Act, Cap. 92



Description of

Reservation

Cross-border Services and Investment:


Only service suppliers with local presence shall be allowed to set up employment agencies and place foreign workers in Singapore.


These agencies are not the direct employer of foreign workers in Singapore. They serve as intermediaries to help source and supply foreign workers to employers of these workers. Thus, this reservation shall be read with the Annex II reservation relating to the supply of a service by a natural person.



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Sector Business Services


Sub-Sector Professional Engineering services


Professional engineering services includes any professional

service, consultation, investigation, evaluation, planning, design or responsible supervision of construction or operation in connection

with any public or privately owned public utilities, buildings, machines, equipment, processes, works or projects wherein the public interest and welfare, or the safeguarding of life, public

health or property is concerned or involved, and that requires the application of engineering principles and data.


Industry

Classification

Type of

Reservation

-


Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3) Local Presence (Article 10.6)
Senior Management and Boards of Directors (Article 9.9)



Source of

Measure

Description of

Reservation

Professional Engineers Act, Cap. 253,


Cross-border Services and Investment:


Only persons who are registered with the Professional Engineers Board (PEB) and resident in Singapore are allowed to provide professional engineering services.


The implementation in Singapore of engineering works which require approval by the authorities shall be carried out by a professional engineer physically present in Singapore for the duration when the project is being implemented.


All corporations and multi-disciplinary partnerships shall obtain a licence from Professional Engineers Board and/or its successor body. To qualify for the licence, the corporation or multi-disciplinary partnership shall meet the following requirements:


(i) the business of the corporation or partnership relating to professional engineering services shall be under the control and management of a director or partner who is a Singapore- registered professional engineer and who has a valid practising certificate and who, in the case of corporations, is authorized under a resolution of the board of directors of the corporation to make all final engineering decisions on behalf of the corporation; and


(ii) where limited corporations are concerned, the majority of the directors shall be Singapore-registered professional engineers or allied professionals; where unlimited corporations are



I - SG - 15


concerned, all the directors or members shall be registered professional engineers or allied professionals; where multi- disciplinary partnerships are concerned, the beneficial interest in the capital assets and profits of the partnerships shall be held by Singapore-registered professional engineers or allied professionals.


Allied professionals are Singapore-registered land surveyors and architects.


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Sector Business Services


Sub-Sector Real Estate Services


Industry

Classification

CPC 82202 Non-residential property management services on a
fee or contract basis



Type of

Reservation


Source of

Measure

Market Access (Article 10.5)
National Treatment (Article 9.3)


Sentosa Development Corporation Revised Edition 1998 (30th
May 1998)



Description of

Reservation

Cross-border Services and Investment:


Only the Sentosa Development Corporation and/or its successor body shall be allowed to develop and manage the resort island of Sentosa and its waterways and the Southern Islands of Singapore.



I - SG - 17



Sector Business Services


Sub-Sector Technical testing and analysis services


Industry

Classification

CPC 86769 Other technical testing and analysis services



Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Agri-Food and Veterinary Authority Act, Cap. 5, 2001 Revised
Edition
Animals and Birds Act, Cap. 7, 2002 Revised Edition
Control of Plants Act, Cap. 57A, 2000 Revised Edition



Description of

Reservation

Cross-border Services:


Only service suppliers with local presence shall be allowed to provide testing, analytical and certification services on animals, plants, and products derived from animals and plants which are physically present in Singapore, including but not limited to, where such items are intended for import, export and import for the purposes of re-export.


Singapore reserves the right and flexibility to modify and/or increase the items as defined and/or listed in the Animals and Birds Act and the Control of Plants Act.



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Sector Business services


Sub-Sector Testing and analysis services of automobiles


Industry

Classification

CPC 86763 Testing and analysis services of automobiles



Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Road Traffic Act, Cap. 276, 1994 Edition



Description of

Reservation

Cross-border Services and Investment:


Only service suppliers with local presence shall be allowed to supply testing and analysis services of automobiles.



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Sector Business services


Sub-Sector Private Investigation Services

Unarmed Guard Services


Industry

Classification

CPC 87301 Investigation Services
CPC 87302 Security Consultation Services
CPC 87305 Guard Services (only applies to unarmed security guard services)



Type of

Reservation

Market Access (Article 10.5)
Most-Favoured Nation Treatment (Article 9.4 and Article 10.4) Local Presence (Article 10.6)
National Treatment (Article 9.3 and Article 10.3)
Senior Management and Board of Directors (Article 9.9)



Source of

Measure

Private Investigation and Security Agencies Act, Cap. 249, 1985
Revised Edition



Description of

Reservation

Cross-border Services and Investment:


Foreigners are permitted to set up legal persons to provide unarmed guards for hire but must register a company with local participation. At least two of the directors must be a Singapore national or Singapore permanent resident.


Foreigners shall not be allowed to work as guards, but can be involved in the administration of the company.


The foreign directors shall produce a certificate of no criminal conviction from their country of origin or a statutory declaration before a local commissioner of oaths.


All service suppliers providing unarmed guard services shall be precluded from escorting cash-in transit operations of S$250,000 and above.


Private investigators do not have police powers of seizure, search or arrest.



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Sector Education Services


Sub-Sector Higher Education Services in relation to the training of doctors


Industry

Classification

CPC 92390 Other Higher Education Services


(Only applies to Higher Education Services in relation to the training of doctors)



Type of

reservation

Market Access (Article 10.5)
National Treatment (Article 9.3) Local Presence (Article 10.6)



Source of

Measures

Administrative



Description of

Reservation

Cross-border Services and Investment:


Only local tertiary institutions shall be allowed to operate undergraduate or graduate programmes for the training of doctors.


Local tertiary institutions are tertiary institutions which are established pursuant to an Act of Parliament.



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Sector Health and Social Services


Sub-Sector Contact Lens Practitioners


Industry -

Classification


Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Contact Lens Practitioner Act, Cap. 53A, 1996 Revised Edition



Description of

Reservation

Cross-border Services:


Only service suppliers who are resident in Singapore shall be allowed to be Contact Lens Practitioners.



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Sector Health and Social Services


Sub-Sector Deliveries and related services, nursing services, physiotherapeutic and para-medical services (only for nursing and midwifery services)


Industry

Classification

CPC 93191 Deliveries and related services, nursing services,
physiotherapeutic and para-medical services
(Only applies to nursing and midwifery services)



Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Nurses and Midwives Act, Cap. 209, 2000 Revised Edition



Description of

Reservation

Cross-border Services:


Only service suppliers who are registered with the Singapore Nursing Board and/or its successor body and resident in Singapore shall be allowed to supply nursing and midwifery services.



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Sector Health and Social Services


Sub-Sector Medical Services


Industry

Classification

CPC 9312 Medical Services



Type of

Reservation

Market Access (Article 10.6)
National Treatment (and Article 10.3)
Most-Favoured Nation Treatment (Article 10.4) Local Presence (Article 10.6)



Source of

Measure

Medical Registration Act, Cap. 174, 1998 Revised Edition



Description of

Reservation

Cross-border Services:


Only service suppliers who are registered with the Singapore Medical Council and/or its successor body and resident in Singapore shall be allowed to supply medical services.


This reservation shall be read in conjunction with the Annex II
reservation on the limit on the number of doctors who can practise
in Singapore.



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Sector Health and Social Services


Sub-Sector Pharmacy Services


Industry -

Classification


Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Pharmacists Registration Act, Cap. 230, 1985 Revised Edition


Medicines Act, 1985 Revised Edition



Description of

Reservation

Cross-border Services:


Only service suppliers who are registered with the Singapore Pharmacy Board and/or its successor body and resident in Singapore shall be allowed to supply pharmacy services.


This reservation shall be read in conjunction with the Annex II reservation relating to the limit on the number of pharmacists who can practice in Singapore.


Only Singapore-registered pharmacists (apart from medical professionals) shall be able to do the following: prepare, dispense, assemble or sell medicinal products as defined under the Medicines Act.


Singapore reserves the right and flexibility to modify and/or increase the list of products as defined and/or listed in the Medicines Act.



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Sector Import, export and trading services


Sub-Sector -


Industry -

Classification


Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Regulation of Imports and Exports Act, Cap. 272 A, 1996 Revised
Edition



Description of

Reservation

Cross-border Services:


Only services suppliers with local presence shall be allowed to apply for import/export permits, certificates of origin or other trade documents from the relevant authorities.



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Sector Telecommunications Services


Sub-Sector Telecommunication Services


Industry

Classification

Type of

Reservation

-


Market Access (Article 10.5) National Treatment (Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Info-communications Development Authority of Singapore Act,
Cap. 137A
Telecommunications Act, Cap. 323



Description of

Reservation

Cross-border Services:


Facilities-based operators and service-based operators must be locally incorporated under the Companies Act, Chapter 50
(1994).


The number of licences granted will be limited only by resource constraints, such as the availability of radio frequency spectrum.
In view of spectrum constraints, parties interested in deploying networks based on wireless technology may be licensed to use radio frequency spectrum via a tender or auction process.


Services regulated or licensed by the Ministry of Information, Communications and the Arts and the Media Development Authority are not defined as telecommunications services in Singapore.



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Sector Telecommunications Services


Sub-Sector Telecommunications Services


Domain name allocation policies in Internet country code top level domains (ccTLDs) corresponding to Singapore territories

(.sg)


Industry

Classification

Type of

Reservation

-


Market Access (Article 10.5) National Treatment (Article 10.3) Local Presence (Article 10.6)



Source of

Measure

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


Telecommunications Act (Cap. 323)


The Internet Corporation for Assigned Names and Numbers
(ICANN), which recognises the ultimate authority of sovereign
Governments over ccTLDs corresponding to their territories.



Description of

Reservation

Cross-border Services:


Registrars for the .sg domain name must be locally incorporated under the Companies Act, Cap. 50, 1994 Revised Edition.



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Sector Power supply


Sub-Sector -


Industry -

Classification


Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Electricity Act, Cap. 89A, 2002 Revised Edition



Description of

Reservation

Cross-border Services:


Power producers, whether or not foreign-owned and whether located within or outside Singapore, shall only sell power through the Singapore electricity wholesale market and shall not be allowed to sell directly to consumers.


The amount of power supplied cumulatively by power producers located outside of Singapore to Singapore’s wholesale power market shall not exceed 600 MW.


Singapore reserves the right and flexibility to revise and/or reduce the power supply threshold of 600MW.



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Sector Power supply


Sub-Sector -


Industry -

Classification


Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3)



Source of

Measure

Electricity Act, Cap. 89A, 2002 Revised Edition



Description of

Reservation

Cross-border Services and Investment:


Only SP Services Ltd and/or its successor body shall be allowed to supply electricity to:


(i) all household consumers of electricity; and


(ii) non-household consumers of electricity whose average monthly consumption is below 10,000kWh; and


(iii) consumers whose electricity is supplied at single-phase low voltage.



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Sector Power transmission and distribution


Sub-Sector -


Industry -

Classification


Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3)



Source of

Measure

Electricity Act, Cap. 89A, 2002 Revised Edition



Description of

Reservation

Cross-border Services and Investment:


Only Power Grid Ltd and/or its successor body shall be the transmission licensee as defined in the Electricity Act.


Power Grid Ltd and/or its successor body shall be the sole owner and operator of the electricity transmission and distribution
network in Singapore.



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Sector Private households with employed persons


Sub-Sector Private households with employed persons


Industry

Classification

CPC 980 Private households with employed persons



Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Circular No: URA/PB/2001/20-PPD
Technopreneur Home Office Scheme



Description of

Reservation

Cross-border Services and Investment:


Only service suppliers who qualify under the home office schemes shall be allowed to set up businesses in their homes.
As set out in Circular No: URA/PB/2001/20-PPD, home office businesses are only allowed on limited sites which are zoned
“Commercial & Residential” and “Residential with Commercial on
First Storey Only”.



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Sector Tourism and Travel Related services


Sub-Sector Beverage serving services for consumption on the premises

Meal serving services in eating facilities run by the government

Retail sales of foods


Industry

Classification

CPC 643 Beverage serving services for consumption on the
premises.
CPC 642 Food serving services
CPC 6310 Retail sales of food



Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Environmental Public Health Act, Cap. 95, 1999 Revised Edition



Description of

Reservation

Cross-border Services and Investment:


Only a Singapore national or permanent resident can apply for a licence to operate a food establishment in places such as hawker centres, restaurants and cafes, in their personal capacity.



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Sector Trade services


Sub-Sector Distribution and Sale of Hazardous Substances


Industry

Classification

Type of

Reservation

-


Market Access (Article 10.5) National Treatment (Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Environmental Pollution Control Act, Cap. 94A, 2000 Revised
Edition



Description of

Reservation

Cross-border Services:


Only service suppliers with local presence shall be allowed to distribute and sell hazardous substances as defined in the Environmental Pollution Control Act.


Singapore reserves the right and flexibility to modify and/or increase the list of hazardous substances as defined and/or listed
in the Environmental Pollution Control Act.



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Sector Trade services


Sub-Sector Distribution Services Retailing Services Wholesale Trade Services


Industry -

Classification


Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Medicines Act, Cap. 176, 1985 Revised Edition



Description of

Reservation

Cross-border Services and Investment:


Only service suppliers who appoint a local agent shall be allowed
to supply wholesale, retail and distribution services for medical and health-related products and materials as defined under the Medicines Act, intended for purposes such as treating, alleviating,
preventing or diagnosing any medical condition, disease or injury, as well as any other such items that may have an impact on the health and well-being of the human body.


Singapore reserves the right and flexibility to modify and/or increase the list of medical and health-related products and materials as defined and/or listed in the Medicines Act.



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Sector Transport Services


Sub-Sector Air Transport Services - Ground Handling Services (including but not limited to cargo handling services)


Industry -

Classification


Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3)



Source of

Measure

Civil Aviation Authority of Singapore Act, Cap. 41, 1985 Revised
Edition



Description of

Reservation

Cross-border Services and Investment:


Only Singapore Airport Terminal Services (SATS) and Changi International Airport Services (CIAS) and/or their respective successor bodies shall be allowed to provide ground handling services, including but not limited to cargo handling services at airports.



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Sector Transport services


Sub-Sector Maintenance and repair of transport equipment and related manufacturing activities


Industry

Classification

CPC 61120 Maintenance and repair services of motor vehicles
CPC 88** Maintenance and repair services of parts of motor vehicles



Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Administrative



Description of

Reservation

Cross-border Services and Investment:


Only service suppliers with local presence shall be allowed to supply maintenance and repair services of transport equipment and related manufacturing activities.



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Sector Transport Services


Sub-Sector Air transport services


Industry -

Classification


Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3)
Most-Favoured Nation Treatment (Article 9.4 and Article 10.4) Local Presence (Article 10.6)
Performance Requirements (Article 9.6)
Senior Management and Boards of Directors (Article 9.9)



Source of

Measure


Description of

Reservation

Cross-border Services and Investment:


Only the Civil Aviation Authority of Singapore (CAAS) and/or its successor body shall be allowed to provide rescue and firefighting services at all civil and military airports in Singapore.



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Sector Transport Services


Sub-Sector Maritime Transport Services Cargo Handling Services Pilotage Services

Supply of Desalinated Water to Ships berthed at Singapore ports

or in Singapore territorial waters


Industry

Classification

CPC 741 Cargo Handling Services
CPC 74520 Pilotage and Berthing Services (only applies to
Pilotage Services)
Supply of Desalinated Water to Ships berthed at Singapore ports or in Singapore territorial waters



Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3)
Most-Favoured Nation Treatment (Article 9.4 and Article 10.4)



Source of

Measure

Maritime and Port Authority of Singapore Act, Cap. 170A, 1997
Revised Edition



Description of

Reservation

Cross-border Services and Investment:


Only PSA Corporation Ltd and Jurong Port Pte Ltd and/or their respective successor bodies shall be allowed to provide cargo handling services.


Only PSA Marine (Pte) Ltd and/or its successor body shall be allowed to provide pilotage services and supply desalinated water to ships berthed at Singapore ports or in Singapore territorial waters.



I - SG - 39



Sector Transport Services


Sub-Sector Maritime Transport Services


Industry

Classification

Type of

Reservation

-


Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Maritime and Port Authority of Singapore Act, Cap. 170A, 1997
Revised Edition



Description of

Reservation

Cross-border Services and Investment:


Only local service suppliers shall be allowed to operate and manage cruise and ferry terminals.


Local service suppliers are either Singapore nationals or legal persons which are more than 50% owned by Singapore nationals.



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Sector Transport Services


Sub-Sector Maritime Transport Services


Industry -

Classification


Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Merchant Shipping Act, Cap. 179, 1996 Revised Edition
Merchant Shipping (Registration of Ships) (Amendment) Regulations 2004



Description of

Reservation

Cross-border Services and Investment:


Only a Singapore national or permanent resident or Singapore legal person shall be allowed to register a ship under the Singapore flag.


To register a ship, other than tugs and barges, in Singapore, the company shall have a minimum paid-up capital of S$50,000. To register a tug or barge in Singapore, the company and its holding company shall have a paid-up capital pegged to 10% of the value
of the first tug or barge registered or S$50,000 whichever is the lesser, subject to a minimum of S$10,000.


All Singapore legal persons seeking to register ships under the Singapore flag shall appoint a ship manager who is resident in Singapore.


Vessels or ships owned by Singapore legal persons that are not majority owned by Singapore citizens or Singapore permanent residents shall be of at least 1,600 Gross Tonnage and be self- propelled before they can be registered under the Singapore flag.


For the purposes of this reservation, a Singapore legal person is a locally incorporated company.



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Sector Transport Services


Sub-Sector Maritime Transport Services


Industry -

Classification


Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 10.3)



Source of

Measure

Maritime and Port Authority of Singapore Act, Cap. 170A, 1997
Revised Edition
Maritime and Port Authority of Singapore (Registration and
Employment of Seamen) Regulations



Description of

Reservation

Cross-border Services:


Only Singapore nationals and permanent residents can register as Singapore seamen as defined in the Maritime and Port Authority of Singapore Act.



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Sector Production, retail, transportation and distribution of manufactured gas and natural gas (piped gas)


Sub-Sector -


Industry -

Classification


Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3)



Source of

Measure

Gas Act, Cap. 116A



Description of

Reservation

Cross-border Services and Investment:


Only City Gas Ltd and/or its successor body shall be allowed to produce and retail manufactured gas.


Only Power Gas Ltd and/or its successor body shall be allowed
to transport and distribute manufactured and natural gas (piped gas).


Power Gas Ltd and/or its successor body shall be the sole owner and operator of the gas pipeline in Singapore.



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Sector Transport Services


Sub-Sector Transportation services via pipeline


Industry

Classification

Transportation of goods via pipeline of goods such as chemical
and petroleum products and petroleum, and other related products



Type of

Reservation

Market Access (Article 10.5)
National Treatment (Article 9.3 and Article 10.3) Local Presence (Article 10.6)



Source of

Measure

Administrative



Description of

Reservation

Cross-border Services and Investment:


Only service suppliers with local presence shall be allowed to provide transportation services via pipeline of goods such as chemical and petroleum products and petroleum, and other related products.


Singapore reserves the right and flexibility to modify and/or increase the list of the chemical and petroleum products, and other related products that are subject to this reservation.



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