Agreement between New Zealand and Singapore on a Closer Economic Partnership [and amendment to Annex 4] [2001] NZTS 1 (1 January 2001)

<title>Agreement between New Zealand and Singapore on a Closer Economic Partnership [and amendment to Annex 4] [2001] NZTS 1 (1 January 2001)</title>
AGREEMENT BETWEEN NEW ZEALAND AND SINGAPORE

CLOSER ECONOMIC PARTNERSHIP


AGREEMENT BETVVEEN NEW ZEALAND AND SINGAPORE ON A CLOSER ECONOMIC PARTNERSHIP

TABLE OF CONTENTS

Article

Page Preamble........................................................................................... PART 1: OBJECTIVES AND GENERAL DEFINITIONS General Definitions.............................................................................3 PART 2: COMPETITION Competition......................................................................................5 PART 3: TRADE IN GOODS Tariffs ................................................................................................6 Rulesof Origin..................................................................................6 Non-Tariff Measures.......................................................................... 8 Subsidies...........................................................................................9 Safeguard Measures.........................................................................9 Anti-Dumping.....................................................................................I 0 PART 4: CUSTOMS PROCEDURES General Provisions ............................................................................ 12 Paperless Trading ............................................................................ 12 Risk Management.............................................................................. 13

Objectives .........................................................................................3

Scope ...............................................................................................12

PART 5: SERVICES

General Undertaking ......... ............................................................... 14 Scope................................................................................................ 14 Definitions......................................................................................... 15 Market Access ................................................................................... 18 NationalTreatment.............................................................................19 Additional Commitments....................................................................20 Specific Commitments.....................................................................20 Domestic Regulation......................................................................... 21 ProfessionalQualifications and Registration......................................22 Subsidies...........................................................................................23 Monopolies........................................................................................ 24 Extension of Benefits.........................................................................24 PART 6: INVESTMENT Scope and Coverage......................................................................... 25 Definitions.......................................................................................... 25 Most Favoured Nation Status ........................................................... 26 :


NationalTreatment ............................................................................ 27 Standard of Treatment....................................................................... 27 Repatriation and Convertibility........................................................... 27

Limitations

......................................................................................... 28

Subrogation

....................................................................................... 28

Investment Disputes.......................................................................... 29 PART 7: TECHNICAL. SANITARY AND PHYTOSANITARY REGULATIONSAND STANDARDS Definitions.......................................................................................... 31 Establishment of a Work Programme................................................33 Mechanismsfor Joint Review ........................................................... 34 Origin................................................................................................. 34 Mutual Recognitionof Equivalenceof Mandatory Requirements.......34 Mutual Recognitionof ConformityAssessment.................................. 36 Mutual Recognitionof Equivalenceof Standards.............................. 39 Exchangeof Information.................................................................... 39 Preservation of RegulatoryAuthority ................................................. 40

Scope ................................................................................................ 30

Confidentiality

.................................................................................... 40

PART 8: GOVERNMENT PROCUREMENT Establishmentof a Single Market ......................................................41 Scope and Coverage......................................................................... 41

Definitions

..........................................................................................

42

General Principles ...................

..

.....................................................43

Valuation of Contracts....................................................................... 44 Rules of Origin...................................................................................44 Procurement Procedures...................................................................44 Prohibition of Offsets ......................................................................... 45 Disputes between a Supplier and the Procuring Government Body...46 Administration and Review ................................................................ 48 PART 9: INTELLECTUALPROPERTY Intellectual Property Issues...............................................................49 PART 10: DISPUTE SETTLEMENT

Exemptions ...................................................................................... 46

Scope and Coverage

Consultations

.........................................................................

50

......................................................................................50

Good Offices, Conciliationor Mediation.............................................51 Appointment of Arbitral Tribunals....................................................... 51 Proceedingsof Arbitral Tribunals....................................................... 52 Termination of Proceedings............................................................... 54 ........................................................................................... 55

Functions of Arbitral Tribunals ...........................................................52

Implementation Expenses .................................................................................. 54


ANNEX 7: ANNEX 2:

ANNEX 3:

ANNEX 4:

PART 11: GENERAL PROVISIONS Application.........................................................................................56 Review.............................................................................................. -56 Transparency..................................................................................... 57 Business Law ................................................................................... 57 General Exceptions.......................................................................... -58 Movement of Natural Persons ........................................................... 59 Measuresto Safeguard the Balance of Payments.............................59 Treaty of Waitangi ............................................................................. 60 Critical Shortages .............................................................................. 61 Security ............................................................................................. 61 Disclosure of Information...................................................................62 Taxation............................................................................................ -62 Association with the Agreement........................................................62 Obligations under other International,Regional or Bilateral Agreements ......................................................................... 63 Preferences under other Agreements............................................... 63 Amendments ................................................................................... 63 Annexes ............................................................................................64 Entry into Force, Duration and Termination .......................................64 RULES OF ORIGIN: EXPLANATORY N.OTES............................... 65 SERVICES COMMITMENTS Annex 2.1 Schedule of Commitments: New Zealand.......................73 Annex 2.2 Schedule of Commitments: Singapore .........................88 INVESTMENT LIMITATIONS Annex 3.1 Limitationsof New Zealand ............................................156 Annex 3.2 Limitationsof Singapore................................................166 TECHNICAL. SANITARY AND PHYTOSANITARY REGULATIONSAND STANDARDS Annex 4.1 Product Chapter on Electrical and Electronic Equipment..................................................... 176


AGREEMENT BETWEEN NEW ZEALAND AND SINGAPORE

CLOSER ECONOMIC PARTNERSHIP

New Zealand and Singapore ("the Parties"), Conscious of their longstanding friendship and growing trade and investment relationship; Conscious that open, transparent and competitive markets are the key drivers of economic efficiency, innovation, wealth creation and consumer welfare; Recognisinq the importance of ongoing liberalisation of trade in goods and services at the multilateral level; Aware of the growing importance of trade and investment for the economies of the Asia-Pacific region; Confirminq their rights, obligations and undertakings under the Marrakesh Agreement Establishing the World Trade Organisation, and other multilateral, regional and bilateral agreements and arrangements; Confirminq their commitment to achieving the Asia-Pacific Economic Cooperation (APEC) goals of free and open trade and investment; Recoanisinq their commitment to securing trade liberalisation and an outwardlooking approach to trade and investment; Confirminq their shared commitment to trade facilitation through removing or reducing technical, sanitary and phytosanitary barriers to the movement of goods between New Zealand and Singapore; Desiring to encourage greater international alignment of standards and regulations; Mindful that liberalised trade in goods and services will assist the expansion of trade and investrnent flows, raise the standard of living, and create new employment opportunities in their respectiveterritories;


Reconnisinq their right to regulate, and to introduce new regulations on the supply of services and on investment in order to meet national policy objectives; Conscious that a clearly established and secure framework of rules for trade in goods and services and for investment will provide confidence to their businesses to take investment and planning decisions, lead to a more effective use of resources, and increase capacity to contribute to economic development and prosperity through international exchanges and the promotion of closer links with other economies, especially in the APEC region; Reconnisinq the need for good corporate governance and a predictable, transparent and consistent business environment, so that businesses can conduct transactions freely, use resources efficiently and effectively and obtain rewards for innovation; Have anreed as follows:


PART 1: OBJECTIVES AND GENERAL DEFINITIONS Article l Objectives The objectives of New Zealand and Singapore in concluding this Agreement are:

a)

b)

c)

d)

e)

f)

g)

to strengthen their bilateral relationship through the establishment of a closer economic partnership; to liberalise bilateral trade in goods and services and to establish a framework conducive to bilateral investments; to support the wider liberalisation process in APEC and in particular the efforts of all APEC economies to meet the Bogor goals of free and open trade and investment by 2010 at the latest for industrialised economies and 2020 at the latest for developing economies; to support the World Trade Organisation (WTO) in its efforts to create a predictable, freer and more open global trading environment; to improve the efficiency and competitiveness of their goods and services sectors and expand trade and investment between each other; to establish a framework of transparent rules to govern trade and investment between them; and to accord fair and equitable treatment and protection to bilateral investments.

Article 2 General Definitions For the purposes of this Agreement:

a) "days" means calendar days, including weekends and holidays;


b) "goods" and "products" shall be understood to have the same meaning, unless the context otherwise requires.


1

PART 2: COMPETITION Article 3 Competition The Parties recognise the strategic importance of creating and

maintaining open and competitive markets which maximise total welfare. The Parties shall endeavour to implement the APEC Principles to Enhance Competition and Regulatory Reform with a view to protecting the competitive process rather than competitors and ensuring that the design of regulation recognises options that minimise distortions to competition. 2 Each Party shall endeavour to ensure that under this Agreement impediments to trade and investment shall be reduced or removed through:

a)

b)

application of fair competition principles to economic activities, including private and public business activities; application of competition and regulatory principles in a manner that does not discriminate between or among economic entities in like circumstances; reduction of transaction and compliance costs for business; and promotion of effective regulatory coordination across borders. The Parties agree that they shall effectively protect the competitive

c) d) 3

process across their economies as follows:

a)

b)

c)

they shall endeavour to consult and cooperate in the development of any new competition measures, whether these are specific or of general application; where there are regulatory authorities responsible for competition, they shall be adequately resourced to carry out their functions, including effective non-discriminatory enforcement; where there are regulatory authorities responsible for competition, they shall endeavour to exchange information and explore the scope for further cooperation between them, with particular emphasis on transactions or conduct in one that has competition effects in the other's market, or in both Parties' markets.


PART 3: TRADE IN GOODS

Article 4 Tariffs Each Party shall eliminate all tariffs on goods originating in the other Party as of the date of entry into force of this Agreement. All tariffs on goods originating in either Party shall remain free after that date.

1

Article 5 Rules of Origin' Goods exported from one Party to the other Party, or which entered the

commerce of Australia only for the purpose of unloading and reloading, shall be treated as goods originating in the first Party if these goods are:

a) wholly produced or obtained in that Party;

b) partly manufactured in that Party, subject to the following conditions:

(i)

(ii)

the last process of manufacture of the goods was performed in the territory of that Party; and either the expenditure on one or more of the items set out below is not less than 40 per cent of the factory or works cost of such goods in their finished state:

A)

B)

C )

materials, including inner containers, that originate in one or both Parties; or costs referred to in paragraph 2 incurred in one or both Parties; or partly on such materials, including inner containers, and partly on costs referred to in paragraph 2 incurred in one or both Parties;

--

I This Article shall be read in conjunctionwith the ExplanatoryNotes contained in Annex 1


(iii)

where the goods do not contain any other qualifying area content, the expenditure on quality control checking and testing procedures is not less than 50 per cent of the factory or works cost of the goods in their finished state.

2 The costs referred in paragraph l(b)(ii)(B) and (C) shall be the sum of

costs of materials (excluding customs, excise or other duties), in the form in which they are received at the factory or works, as well as labour and overheads. It shall not include any profit or marketing cost elements of the goods in their finished state. The process of packaging by itself shall not confer origin. 3 Where a Party considers that, in relation to particular goods partly manufactured in its territory, the application of paragraph l(b)(ii) and (iii) is inappropriate, then that Party may request in writing consultation with the other Party to determine a suitable proportion of the factory or works cost or quality control checking and testing procedures cost different from that provided in paragraph l(b)(ii) and (iii). The Parties shall consult promptly and may mutually determine for such goods a proportion of the factory or works cost or quality control checking and testing procedures cost different from that provided in paragraph l(b)(ii) and (iii). 4 Both Customs administrations shall require certification from the manufacturer for the importation of a good into their respective territories for which an importer claims preferential treatment. For the importation of a good into Singapore, certification shall be required in a prescribed form.

5 a)

b)

Verification of importers' declarations: where an importing Party has reasonable grounds to believe that any importer of a good from the exporting Party has failed to submit adequate, true and accurate particulars relating to the claim for tariff preferences under Part 3, it may either deny such preferential access, or request the exporting Party to verify the claim of tariff preference made by the importer; where a request has been made to the exporting Party to verify a claim of tariff preference made by the importer, the exporting Party shall endeavour to take all necessary measures to confirm any such particulars declared in the clearance of those goods by the importer;


d)

if such a verification is unsatisfactory or when the exporting Party is unable to provide the verification, the importing Party may, upon informing the exporting Party and with the knowledge of the importer concerned and with the consent of the exporter or supplier or manufacturer concerned, visit the exporter or supplier or manufacturer concerned for the purpose of verifying the preference claim. If no consent is given by the exporter or supplier or manufacturer concerned, the importing Party may disallow the tariff preference that may be available under this Part; if the verification provided by the exporting Party or carried out by the importing Party with the exporter or supplier or manufacturer concerned:

(i) shows inadequate evidence of entitlement, the importing Party may disallow the tariff preference that may be available under this Part;

(ii) substantiates the claim, the importing Party shall allow preferential entry.

6 During the biennial reviews of the operation of this Agreement provided for

in Article 68, and earlier if so agreed, the Parties undertake to review these rules of origin, including the requirements necessary for goods to benefit from this Agreement, with a view to improving bilateral trade flows.

1

Article 6 Non-Tariff Measures Except as otherwise provided .for in this Agreement, neither Party shall

adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the export or sale for export of any good destined for the territory of the other Party. 2 The Parties agree that procedures, fees and formalities imposed in connection with import and export shall be imposed in a manner consistent with their WTO obligations.


Article 7

1 The Parties agree to prohibit export subsidies3 on all goods including

agricultural products. 2 If either Party grants or maintains any subsidy which operates to increase exports of any product from, or to reduce imports of any product into, its territory, it shall notify the other Party of the extent and nature of the subsidisation, of the estimated effect of the subsidisation on the quantity of the affected product or products imported into or exported from its territory and of the circumstances making the subsidisation necessary. In any case in which it is determined that serious prejudice to the interests of the other Party is caused or threatened by any subsidisation, the Party granting the subsidy shall, upon request, discuss with the other Party the possibility of limiting the subsidisation. This paragraph shall be applied in conjunction with the relevant applicable provisions of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the WTO Agreement on Subsidies and Countervailing Measures (WTO SCM Agreement). 3 The Parties reaffirm their commitment to abide by'the provisions of the WTO SCM Agreement in respect of actionable subsidies4. 4 Each Party shall seek to avoid causing adverse effects to the interests of the other Party in terms of Article 5 of the WTO SCM Agreement.

Article 8 Safeguard Measures Neither Party shall take safeguard measures5against goods originating in the other Party from the date of entry into force of this Agreement.

2 For the purposes of this Agreement, a subsidy is as defined in Article 1.1 of the WTO

Agreement on Subsidies and CountervailingMeasures. Subsidies and Countervailing Measures with the additional provision that, for the purposes of this Agreement, that definition extends also to all agricultural products. SCM Agreement. on Safeguards.

3 "Export subsidies" means subsidies as defined by Article 3 of the WTO Agreement on

4 "Actionable subsidies" are subsidies referred to as such in the relevant provisions of the WTO

5 "Safeguard measures" means those measures falling within the ambit of the WTO Agreement


1

Article 9 Anti-Dumping Both Parties are Members of the WTO Agreement on Implementation of

Article V1 of the GATT 1994 (WTO Anti-Dumping Agreement). For the

purposes of trade between the Parties, the following changes are agreed in terms of implementation 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)

b)

c)

d)

e)

2 a)

b)

the de minimis dumping margin of 2 per cent expressed as a percentage of the export price below which no anti-dumping duties can be imposed provided for in Article 5.8 of the WTO Anti-Dumping Agreement is raised to 5 per cent; the new de minimis margin of 5 per cent established in sub-paragraph (a) is applied not only in new cases but also in refund and review cases; the maximum volume of dumped imports from the exporting Party which shall normally be regarded as negligible under Article 5.8 of the WTO AntiDumping Agreement is increased from 3 per cent to 5 per cent of imports of the like product in the importing Party. Existing cumulation provisions under Article 5.8 continue to apply; the time frame to be used for determining the volume of dumped imports under the preceding sub-paragraphs shall be representative of the imports of both dumped and non-dumped goods for a reasonable period. Such reasonable period shall normally be at least 12 months; the period for review andlor termination of anti-dumping duties provided for in Article 1l.3 of the WTO Anti-Dumping Agreement is reduced from five years to three years. Notification procedures shall be as follows: immediately following the acceptance of a properly documented application from an industry in one Party for the initiation of an antidumping itivestigation in respect of goods from the other Party, the Party that has accepted the properly documented application shall immediately inform the other Party; where a Party considers that in accordance with Article 5 of the WTO AntiDumping Agreement there is sufficient evidence to justify the initiation of


an anti-dumping investigation, it shall give written notice to the other Party in accordance with Article 12.1 of that Agreement, and observe the requirements of Article 17.2 of that Agreement concerning consultations.


PART 4: CUSTOMS PROCEDURES

Article 10 Scope This Part shall apply to customs procedures required for clearance of goods traded between the two Parties, in accordance with their national laws, rules and regulations.

1

Article 1l General Provisions The Parties recognise that the objectives of this Agreement may be

promoted by the simplification of customs procedures for their bilateral trade. 2 Customs procedures of both Parties shall conform where possible with the standards and recommended practices of the World Customs Organisation. 3 The Customs administrations of both Parties shall actively work together to develop mutually beneficial solutions to minimise risks and to maximise opportunities for facilitating customs clearances. In this regard, the Customs administrations shall consider negotiating an arrangement on detailed areas of future co-operation within 1 year from the date of entry into force of this Agreement. 4 The Customs administrations of both Parties shall periodically review customs procedures with a view to their further simplification.

Article 12 Paperless Trading With a view to implementing the APEC Blueprint for Action on Electronic Commerce, in particular the Paperless Trading Initiative, the Customs administrations of both Parties shall have in place by the date of entry into force of this Agreement an electronic environment that supports electronic business applications between each Customs administration and its trading community.


1

Article 13 Risk Management In order to facilitate the clearance of low risk transactions, the Parties

agree that customs compliance activities should be focused on high risk goods and travellers. Accordingly, each Party undertakes that compliance activities at the time of entry shall not normally exceed 10 per cent of total customs transactions. 2 The Parties shall not use a threshold value of goods as a sole basis for the selection of goods for customs inspection.


PART 5: SERVICES

Article 14 General Undertaking The Parties undertake to expand trade in services on a mutually advantageous basis, under conditions of transparency and progressive liberalisation through successive reviews, with the aim of securing an overall balance of rights and obligations, while recognising the rights of both Parties to regulate, and to introduce new regulations, giving due respect to national policy objectives including where these reflect local circumstances.

1 2

Article 15 Scope This Part shall apply to measures by Parties affecting trade in services. New services, including new financial services, shall be considered for

possible incorporation into this Agreement at future reviews held in accordance with Article 68, or at the request of either Party immediately. The supply of services which are not technically or technologically feasible when this Agreement comes into force shall, when they become feasible, also be considered for possible incorporation at future reviews or at the request of either Party immediately. 3 In financial services, notwithstanding any other provisions of this Agreement, a Party shall not be prevented from taking measures for prudential reasons, including for the protection'of investors, depositors, policy holders or persons to whom a fiduciary duty is owed by a financial service supplier or to ensure the integrity and stability of the financial system. Where such measures do not conform with the provisions of this Agreement, they shall not be used as a means of avoiding that Party's commitments or obligations hereunder. 4 Government procurement of services shall be governed by Part 8.


Article 16 Definitions For the purposes of this Agreement:

a)

b)

c)

"measure" means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action or any other form; "supply of a service" includes the production, distribution, marketing, sale and delivery of a service; "measures by Parties affecting trade in services" include measures in respect of

(i) (ii)

the purchase, payment or use of a service; the access to and use of, in connection with the supply of a service, services which are required by those Parties to be offered to the public generally;

d)

(iii) the presence, including commercial presence, of persons of a Party for the supply of a service in the territory of the other Party; "commercial presence" means any type of business or professional establishment, including through

(i) (ii) the constitution, acquisition or maintenance of a legal person; or the creation or maintenance of a branch or a representative office;

e)

within the territory of a Party for the purpose of supplying a service; "sector" of a service means,

(i)

(ii)

with reference to a specific commitment, one or more, or all, subsectors of that service, as specified in a Party's schedule of commitments; otherwise, the whole of that service sector, including all of its subsectors;


f) g) h) "service supplier" means any person that supplies a service6; "service consumer" means any person that receives or uses a service; "service of the other Party" means a service which is supplied

(i)

(ii)

from or in the territory of the other Party, or in the case of maritime transport, by a vessel registered under the laws of the other Party, or by a person of that other Party which supplies the service through the operation of a vessel andtor its use in whole or in part; or in the case of the supply of a service through commercial presence or through the presence of natural persons, by a service supplier of the other Party;

i) j)

"person" means either a natural person or a legal person; "natural person of the other Party" means a natural person who resides in the territory of that other Party or elsewhere and who under the law of that other Party:

(i) (ii)

is a national of that other Party; or has the right of permanent residence in that other Party, in the case of a Party which accords substantially the same treatment to its permanent residents as it does to its nationals in respect of measures affecting trade in services, provided that that Party is not obligated to accord to such permanent residents treatment more favourable than would be accorded by the other Party to such permanent residents;

k)

"legal person" means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association; "monopoly supplier of a service" means any person, public or private, which in the relevant market of the territory of a Party is authorised or

l)

6 Where the service is not supplied directly by a legal person but through other forms of

commercial presence such as a branch or a representative office, the service supplier (i.e. the legal person) shall, nonetheless, through such presence be accorded the treatment provided for service suppliers under the Agreement. Such treatment shall be extended to the presence through which the service is supplied and need not be extended to any other parts of the supplier located outside the territory where the service is supplied.


m)

established formally or in effect by that Party as the sole supplier of that service; a "financial service supplier" means any natural or legal person of a Party wishing to supply or supplying financial services but the term "financial service supplier" does not include a public entity. "Public entity" means:

(i)

(ii)

a government, central bank or a monetary authority of a Party or an entity owned or controlled by a Party that is principally engaged in carrying out governmental functions or activities for governmental purposes, not including an entity principally engaged in supplying financial services on commercial terms; or a private entity, performing functions normally performed by a central bank or monetary authority when exercising those functions;

n) "trade in services" means the supply of a service:

(i)

(ii)

from the territory of one Party into the territory of the other Party ("cross border mode"); in the territory of one Party to the service consumer of the other Party ("consumption abroad mode");

0)

(iii) by a service supplier of one Party, through commercial presence in the territory of the other Party ("commercial presence mode"); (iv) by a service supplier of one Party, through presence of natural persons of that Party in the territory of the other Party ("presence of natural persons mode"); i'mea~ure~by Parties" means measures taken by:

(i) (ii) central, regional or local governments and authorities; and non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;

p)

q)

"services" includes any service in any sector except services supplied in the exercise of governmental authority; "a service supplied in the exercise of governmental authority'' means any service which is supplied neither on a commercial basis nor in competition with one or more services suppliers;


r) in the case of financial services, "services supplied in the exercise of governmental authority" means the following:

(i)

(ii)

activities conducted by a central bank or monetary authority or by any other public entity in pursuit of monetary or exchange rate policies; activities forming part of a statutory system of social security or public retirement plans; and

S)

(iii) other activities conducted by a public entity for the account or with the guarantee or using the financial resources of the Government. If a Party allows any of the activities referred to in sub-paragraphs (ii) or (iii) of this paragraph to be conducted by its financial service suppliers in competition with a public entity or a financial service supplier, "services" shall include such activities; "new financial services" means a service of a financial nature, including services related to existing and new products or the manner in which a product is delivered, that is not supplied by any financial service supplier in the territory of one Party but is supplied in the territory of the other Party.

1

Article 17 Market Access With respect to market access through the modes of supply identified in

Article 16(n), each Party shall accord services and service suppliers of the other Party treatment no less favourable-than that provided for under the terms, limitations and conditions agreed and specified in its schedule of commitments7. 2 In sectors where market-access commitments are undertaken, the measures which a Party shall not maintain or adopt either on the basis of a regional sub-division or on the basis of its entire territory, unless otherwise specified in its schedule of commitments, are defined as:

7 If a Party undertakes a market-access commitment in relation to the supply of a service

through the mode of supply referred to in Article 16(n)(i) and if the cross-border movement of capital is an essential part of the service itself, that Party is thereby committed to allow such movement of capital. If a Party undertakes a market-access commitment in relation to the supply of a service through the mode of supply referred to in Article 16(n)(iii), it is thereby committed to allow related transfers of capital into its territory.


a)

b)

c)

d)

e)

f)

limitations on the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test; limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test; limitations on the total number of service operations or on the total quantity of service output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test8; limitations on the total number of natural persons that may be employed in a particular service sector or that a service supplier may employ and who are necessary for, and directly related to, the supply of a specific service in the form of numerical quotas or the requirement of an economic needs test; measures which restrict or require specific types of legal entity or joint venture through which a service supplier may supply a service; and limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.

1

Article 18 NationalTreatment In the sectors in its schedule of commitments, and subject to any

conditions and qualifications set out therein, each Party shall accord to services and service suppliers of the other Party, in respect of all measures affecting the supply of services, treatment no less favourable than that it accords to its own like services and service suppliers. 2 A Party may meet the requirement in paragraph 1 by according to services and 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. 3 Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of services

8 Paragraph 2(c) does not cover measures of a Party which limit inputs for the supply of

services.


or service suppliers of one Party compared to the like service or service suppliers of the other Party. 4 Specific commitments assumed under this Article shall not be construed to require either Party to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant services or service suppliers.

Article 19 Additional Commitments The Parties may negotiate commitments with respect to measures affecting trade in services not subject to scheduling under Articles l 7 and 18, including

those regarding qualifications, standards or licensing matters. commitments shall be entered in a Party's schedule of commitments. Such

1

Article 20 Specific Commitments Each Party has set out an initial schedule of the specific commitments it

undertakes in accordance with the objective of liberalisation of trade in most services by the date of entry into force of this Agreement.

2 a) b) c) d) 3 Each Party's schedule of commitments shall clearly specify. the sectorstsubsectors in which commitments are undertaken; any terms, limitations and conditions on market access; any conditions and qualifications on national treatment; and any additional commitments. The schedules of commitments shall be annexed to this Agreement as

Annex 2 and shall form an integral part thereof. 4 As part of the reviews of this Agreement provided for in Article 68, the Parties undertake to review their schedules of commitments at least every two years, but earlier if so agreed, and progressively to expand these initial commitments as well as expand market access andtor national treatment between them in accordance with the APEC objective of free and open trade in services by 2010. The first review shall include telecommunications, postal services, credit reporting services and disaster insurance.


5 Trade in a particular number of services sectors and measures affecting

trade in services may not be fully liberalised by 1 January 2010 notwithstanding paragraph 4. When it appears this shall be the case, the Parties agree to meet no later than l January 2008 to identify a list of such services sectors and measures. This list shall be set out in an exchange of letters between the Parties. The Parties shall consult on a mutually acceptable solution for these sectors and measures and such consultations shall continue for as long as it takes to achieve that solution. The solution may include agreement on a longer

timeframe for liberalisation. January 2010.

6

This provision shall continue to apply after 1

The reviews referred to in paragraph 4 shall also examine limitations on

market access andlor national treatment entered in the Parties' schedules of commitments in accordance with the objective identified in that paragraph. 7 A Party may, upon reasonable notice of at least three months, propose a modification of a commitment in its schedule of commitments by written notification to the other Party. In proposing such a modification, the Party concerned shall also propose a means by which the overall level of commitments undertaken by that Party under the Agreement shall be maintained. On receiving such written notification, the other Party may request consultations regarding the proposed modification aimed at ensuring an overall balance of benefits under the Agreement is maintained, and if such consultations fail to achieve a satisfactory solution, the matter shall be dealt with in accordance with Part 10.

Article 21 Domestic Regulation l Insectorswherespecificcommitmentsareundertaken,eachPartyshall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. 2 The Parties shall jointly review the results of the negotiations on disciplines for certain regulations, including qualification requirements and procedures, technical standards and licensing requirements, pursuant to Article V1.4 of the General Agreement on Trade in Services (GATS) with a view to their incorporation into this Agreement. The Parties note that such disciplines aim to ensure that such requirements are, inter alia:

a) based on objective and transparent criteria, such as competence and the ability to supply the service;


b) c)

3

not more burdensome than necessary to ensure the quality of the service; in the case of licensing procedures, not in themselves a restriction on the supply of the service. Until the incorporation of disciplines developed pursuant to paragraph 2, in

sectors where a Party has undertaken specific commitments, and subject to any terms, limitations, conditions or qualifications set out therein, a Party shall not apply licensing and qualification requirements and technical standards that nullify or impair such specific commitments in a manner which:

a)

b)

4

does not comply with the criteria outlined in paragraphs 2(a), (b) or (c); and could not reasonably have been expected of that Party at the time the specific commitments in those sectors were made. Whenever a domestic regulation is prepared, adopted and applied in

accordance with international standards applied by both Parties, it shall be rebuttably presumed to comply with the provisions of this Article.

1

Article 22 Professional Qualifications and Registration With a view to ensuring that measures relating to professionalg

qualification and registration requirements and procedures do not constitute unnecessary barriers to trade in services between them, the Parties agree to

9 illustrative list of professions:

Professions include, but are not limited to: Lawyers, legal executives, conveyancers; accountants, auditors, book keepers, tax agents; architects; landscape architects; engineers; doctors; dentists, dental technicians; veterinarians and veterinary nurses; midwives, nurses, physiotherapistsand paramedical personnel, including acupuncturists, chiropractors, homeopaths, medical laboratory scientists and technicians, nutritionists, optometrists and dispensing opticians, pharmacists, psychologists, occupational therapists, radiographers, speech therapists; information technology designers, programmers, analysts and technicians; statisticians, surveyors, geologists, geophysicists, cartographers; management consultants; scientific and technical consultants and researchers; educationalists, at the following levels: preschool, primary, secondary, tertiary, adult and other; environmental services consultants; financial services consultants, actuaries and economists; hospital and residential health facility managers and consultants; airline pilots. Neither Party is precluded from raising any service supplier's occupation under this Article.


have identified by the date of entry into force of this Agreement priority areas to address with respect to the recognition of professional qualifications or registration. In identifying initial priority areas, the Parties agree to focus on sectors where specific commitments have been undertaken, and subject to the terms, limitations, conditions, or qualifications set out therein. Thereafter the Parties shall endeavour to consider sectors where no specific commitments have been undertaken. 2 The Parties agree to facilitate the establishment of dialogue between experts in these priority areas with a view to the achievement of early outcomes on recognition of professional qualifications or registration in these areas. 3 Such recognition may be achieved through recognition of regulatory outcomes, recognition of professional qualifications awarded by one Party as a means of complying with the regulatory requirements of the other Party (whether accorded unilaterally or by mutual arrangement) or by other recognition arrangements which might be agreed between the Parties. 4 The priority areas for further work on professional recognition requirements and the recognition outcomes achieved on initial priorities shall be reviewed as part of the reviews of this Agreement provided for in Article 68 and shall take place at least every two years.

1

Article 23 Subsidies Except as provided for in this Article, subsidies related to trade in services

shall not be covered under this Part. 2 The Parties shall review the issue of disciplines on subsidies related to trade in services in the context of the reviews of this Agreement provided for in Article 68. They shall pay particular attention to any disciplines agreed under Article XV of GATS with a view to their incorporation into this Agreement. 3 The Parties shall consult on appropriate steps in regard to subsidies related to trade in services where any subsidies issues arise in bilateral services trade under this Agreement.


Article 24 Monopolies In sectors where specific commitments have been made, each Party shall ensure that its commitments relating to market access and national treatment pursuant to Articles 17 and l 8 are not adversely affected by the actions of a monopoly supplier of a service in its territory.

Article 25 Extension of Benefits A service supplier of a non-Party that is a legal person constituted under the laws of a Party shall be entitled to treatment granted under this Part provided that it engages in substantive business operations in the territory of one or both Parties.


PART 6: INVESTMENT

1 2

Article 26 Scope and Coverage This Part shall apply to all investments in goods and services. Articles 28, 29 and 30 shall not apply to any measures affecting

investments adopted or maintained pursuant to Part 5 to the extent that they relate to the supply of any specific service through commercial presence as defined in Article 16(n),whether or not they are covered by Annex 2.

Article 27 Definitions For the purposes of this Agreement :

1 a)

b)

"Investments" include but are not limited to the following: movable and immovable property and other property rights such as mortgages, liens or pledges; shares, stocks, debentures, bank bills, deposits, securities, and similar interests in companies or enterprises (whether incorporated or unincorporated); claims to money or to any performance under contract having an economic value; intellectual property rights and goodwill; business concessions conferred by law or under contract, including any concession to search for, cultivate, extract or exploit natural resources; derivative instruments. "Proceeds from investment" include but are not limited to the following: profits, capital gains, dividends, royalties, interest and other current income accruing from an investment; the proceeds from the liq~jidationof an investment; loan payments in connection with an investment;

c)

d) e)

f) 2 a)

b) c)


d)

e)

f)

3 aj

royalties, license fees, payments in respect of technical assistance, service and management fees; payments in connection with contracts involving the presence of an investor's property in the territory of the other Party and payment in connection with contracts where remuneration depends substantially on the production, revenues or profits of an enterprise; earnings of investors of a Party who work in connection with an investment in the territory of the other Party. "investor" means: a natural person who resides in the territory of the other Party or elsewhere and who under the law of that other Party:

(i) (ii)

is a national of that other Party; or has the right of permanent residence in that other Party, in the case of a Party which accords substantially the same treatment to its permanent residents as it does to its nationals in respect of measures affecting investments, provided that that Party is not obligated to accord to such permanent residents more favourable treatment than would be accorded by the other Party to such permanent residents;

h)

any company, firm, association or body, with or without legal personality, whether or not incorporated, established or registered under the applicable laws in force in a Party;

making or having made an investment in the other Party's territory.

Article 28 Most Favoured Nation Status Except as otherwise provided for in this Agreement, each Party shall accord to investors and investments of the other Party, in relation to the establishment, acquisition, expansion, management, conduct, operation, liquidation, sale, transfer (or other disposition), protection and expropriation (including any compensation) of investments, treatment that is no less favourable than that it accords in like situations to investors and investments from any other State or separate customs territory which is not party to this Agreement.


Article 29 National Treatment Except as otherwise provided for in this Agreement, each Party shall accord to investors and investments of the other Party in relation to the establishment, acquisition, expansion, management, conduct, operation, liquidation, sale, transfer (or other disposition), protection and expropriation (including any compensat~on)of investments, treatment that is no less favourable than that it accords in like situations to its own investors and investments.

Article 30 Standard of Treatment Each Party shall accord to investors and investments of the other Party the better of the treatment required by Articles 28 and 29.

Article 31 Repatriation and Convertibility l EachPartyshallallowinvestorsoftheotherParty,onanon-discrim~natory basis, tc? transfer and repatriate freely and without undue delay their investments and proceeds from investment. Each Party shall permit transfers to be made in a freely usable currency at the market rate of exchange prevailing an the date of transfer with respect to spot transactions in the currency to be transferred. 2 Notwithstanding paragraph 1, a Party may prevent a transfer through the equitable, non-discriminatory and good faith application of its laws relating to:

a) b) c) d) e) bankruptcy, insolvency or the protection of the rights of creditors; issuing, trading or dealing in securities; criminal or penal offences, and the recovery of proceeds of crime; reports of transfers of currency or other monetary instruments; or ensuring the satisfaction of judgments in adjudicatory proceedings.


Article 32 Limitations l Articles28,29and30shallnotapplyto:

a) b)

c)

any limitation that is listed by a Party in Annex 3; an amendment to a limitation covered by paragraph (a) to the extent that the amendment does not decrease the conformity of the limitation with Articies 28, 29 and 30; any new limitation adopted by a Party, and incorporated into Annex 3, which does not affect the overall level of commitments of that Party under this Part;

to the extent that such limitations are inconsistent with those Articles. 2 As part of the reviews of this Agreement provided for in Article 68, the Parties undertake to review at least every two years the status of the limitations set out in Annex 3 with a view to reducing the limitations or removing them. 3 A Party may, at any time, either upon the request of the other Party or unilaterally, remove in whole or in part limitations set out in Annex 3 by written notification to the other Party. 4 A Party may, at any time, incorporate a new limitation into Annex 3 in accordance with paragraph l(c) of this Article by written notification to the other Party. On receiving such written notification, the other Party may request consultations regarding the limitation. On receiving the request for consultations, the Party incorporating the new limitation shall enter into consultations with the other Party.

2

Article 33 Subrogation In the event that either Party (or any agency, institution, statutory body or

corporation designated by it) as a result of an indemnity it has given in respect of an investment or any part thereof makes payment to its own investors in respect of any of their claims under this Part, the other Party acknowledges that the former Party (or any agency, institution, statutory body or corporation designated by it) is entitled by virtue of subrogation to exercise the rights and assert the claims of its own investors. The subrogated rights or claims shall not be greater than the original rights or claims of such investors.


2 Any payment made by one Party (or any agency, institution, statutory

body or corporation designated by it) to its investors shall not affect the right of such investors to make their claims against the other Party in accordance with Article 34, in cases where the former Party elects not to exercise its subrogated rights or claims.

1

Article 34 lnvestment Disputes Any legal dispute between an investor of one Party and the other Party

arising directly out of an investment by that investor in the territory of that other Party shall, as far as possible, be settled amicably through negotiations between the investor and that other Party. 2 If the dispute cannot be resolved as provided for in paragraph 1 within 6 months from the date of request for negotiations then, unless the parties to the dispute agree otherwise, it shall, upon the request of either such party, be submitted to conciliation or arbitration by the International Centre for Settlement of lnvestment Disputes established by the Convention on the Settlement of lnvestment Disputes between the States and Nationals of Other States done at Washington on 18 March, 1965, provided that the other party does not withhold its consent under Article 25 of that Convention.


PART 7: TECHNICAL, SANITARY AND PHYTOSANITARY REGULATIONSAND STANDARDS

1

Article 35 Scope Consistent with the objectives set out in Article 1 and the provisions of th~s

Part, and reflecting the level of confidence that each Party has in the other Party's regulatory outcomes and conformity assessment systems, each Party shall implement the principles of mutual recognition, unilateral recognition or harmonisation that provide the most appropriate or cost-efficient approach to the removal or reduction of technical, sanitary and phytosanitary barriers (hereinafter referred to as "regulatory barriers") to the movement of goods between New Zealand and Singapore for products andlor assessments of manufacturers of products specified in the Product Chapters of Annex 4 on Techn~cal.Sanitary and Phytosanitary Regulations and Standards. 2 "Mutual recognition'' means that each Party, on the basis that it is accorded reciprocal treatment by the other Party:

a)

b)

c)

3

accepts the mandatory requirements of the other Party as producing outcomes equivalent to those produced by its own corresponding mandatory requirements i.e, mutual recognition of equivalence of mandatory requirements; accepts the results of conformity assessment activities of the other Party to demonstrate conformity of products andlor manufacturers with its mandatory requirements when the conformity assessment activities are undertaken by conformity assessment bodies designated by the other Party in accordance with this Part i.e. mutual recognition of conform~ty assessment; or accepts the standards of the other Party as equivalent to its own corresponding standards i.e. mutual recognition of equivalence of standards. "Unilateral recognition" means that a Party on its own accord without

requiri~greciprocal treatment from the other Party:

a)

accepts the mandatory requirements of the. other Party as producing outcomes equivalent to those produced by its own corresponding mandatory requirements;


b)

c)

accepts the conformity assessment results of the other Party to demonstrate conformity of products andlor manufacturers with its mandatory requirements; or accepts the standards of the other Party as equivalent to its awn corresponding standards.

The Product Chapters may provide for unilateral recognition of products andlor assessments of manufacturers of products which are in compliance with the exporting Party's mandatory requirements and are intended by that Party for export only and rot for domestic supply or use. 4 "Harmonisation" means that each Party harmonises its standards and technical regulations with relevant international standards where they exist.

Article 36 Definitions All general terms concerning standards and conformity assessment used in this Part shall have the meaning given in the definitions contained in the International Organisation for Standardisationllnternational Electrotechnical Commission (ISOIIEC) Gu~de2.1996 "General terms and their definitions concerring siandardlsatio~and related activities" published by the IS0 and IEC, unless the context otherwise requires. In addition, for the purpose of this Park and Annex 4, unless a more specific meaning is g i ~ e nin a Product Chapter:

a)

b) c)

d)

"accept" means the use of the results of conformity assessment actl~ities as a basis for regulatory actio~ssuch as approvals licences, reg~strations and post-market assessments of conformity; "acceptance" has an equivalent meaning to "accept"; "certification body" means a body, including product or quality systems certification bodies, that may be designated by one Party In accordance with this Part to conduct certification on compliance with the other Party's standards andlor specifications to meet relevant mandatory requirements; "conformity assessment" mearls any activity concerned with determlnlng directly or indirectly that standards andlor specifications to meet relevant mandatory requirements are fulfilled:


"conformity assessment body" means a body that conducts conformity assessment activities and includes test facilities and certification bodies; "designating authority" means a body as specified under this Part, established in the territory of a Party with the necessary authority to designate, monitor, suspend or withdraw designation of conformity assessment bodies within its jurisdiction, unless the Parties agree otherwise to designate conformity assessment bodies within a non-Party; "designation" means the authorisation by a designat~ngauthority of a conformity assessment body to undertake specified conformity assessment activities; "designate" has an equivalent meaning to "designation"; "mandatory requirements" means the legislative, regulatory and administrative requirements of either Party that are the subject of this Part; "regulatory authority" means an entity that exercises a legal right to control the import, use or supply of products within a Party's territory and 11-iay take enforcement action to ensure that products marketed withir its territory comply with that Party's mandatory requirevents including assessments of manufacturers 3f products; "Product Chapter" is a chapter of Annex 4 to this Agreement, which specifies the implementation arrangements in respect of a specific product sector; "specifications" means deta~leddescriptions of requirements other than specified standards; "stipulated requirements" means the criteria set out in a Product Chapter for the designation of conformity assessment bodies; "supply" includes all forms of supply, whether or not for a consideration, and includes but is not limited to:

(i) (ii)

(iii)

any transfer of the whole property in any product; any transfer of possession of any product, whether or not under s~ agreement for sale; any transfer by way of a gift of a product made in the course or furtherance of any business;


(iv) any transfer by way of a gift to an actual or potential customer of any business of an industrial or commercial sample in a form not ordinarily available for supply to the public;

(v) any transfer by way of barter and exchange;

o)

(vi) any transfer by way of distribution, wholesale, retail, lease, hire or hire-purchase; "test facility" means a facility, including independent laboratories, manufacturers' own test facilities or government testing bodies, that may be designated by one Party's designating authority in accordance with this Part to undertake tests on compliance with the other Party's standards andlor specifications to meet mandatory requirements.

1

Article 37 Establishmentof a Work Programme In addition to the Product Chapter on electrical and electronic equipment,

the Parties shall:

a)

b)

c) 2

identify and agree on other priority sectors within a period of 6 months from the date of entry into force of this Agreement with a view to removing or reducing regulatory barriers to the movement of goods between the Parties; decide which of the principles relating to mutual recognition, unilateral recognition and harmonisation provides the most cost-efficient approach to the removal or reduction of regulatory barriers in the agreed priority sectors; and establish a work programme to implement the agreed principle. The Parties shall adopt additional Product Chapters following the

conclusion of the above process.


Article 38 Mechanisms for Joint Review As part of the reviews of this Agreement provided for in Article 68, the Parties shall review, at least every 2 years, the implementation of this Part for the purpose of:

a)

b)

building confidence in the technical competence of each Party's regulatory systems and expediting the examination of differences in regulatory requirements and outcomes between the Parties; facilitating the extension of this Part by inter alia:

(i) (ii)

adding new Product Chapters; andlor increasing the scope of existing Product Chapters with the visw to estahlishing mutual recognition of equivalence of mavdatory requirevents in the Product Chapters; and

c)

resolving an) questions or disputes relat~ngto the implementation of this Part. If the Parties fail to achieve a mutually satisfacto~solution, the matter may be resolved in accordance with Part 10.

Article 39 Origin For the avoidance of doubt, this Part applies to products andlor assessments of manufacturers of products of the Parties as specified in the Product Chapters regardless of the origin of those products.

Article 40 Mutual Recognition of Equivalence of Mandatory Requirements

Coverage 1 This Article shall apply to products, and laws and regulations relating to products, as may be covered in the Product Chapters.


Applicability 2 Under this Article, mutual recognition shall affect certain laws relating to the products of the Party where the ~roductsare intended for supply. Such laws may, unless otherwise provided in the Product Chapters. include:

a)

b)

c) 3

requirements relating to production, composition, quality or performance of a product, requirements that a product satisfy certain standards relating to presentat~onsuch as packaging, labelling, date or age stamping: and requ~rementsthat products be inspected, passed or similarly dealt with. The laws a ~ l drequirements of each Party, including but not limited to

those that would prevent or restrict or would have the effect of preventing or restricting the supply or use of a product, and how they shall be affected by mutual recognition shall be specified in the relevant Product Chapters. 4 The requirements covered in this Article are not intended to affect the operation of any laws to the extent that these laws regulate:

a)

the manner of the supply of products or the manner in which the sellers conduct or are required to conduct their business, so.long as ihose laws apply equally to products produced in or imported into the Parties. These i~clude:

(i) (h) the contractual aspects of the supply of the products: the registration of sellers:

(iii) the requirements for business franchise licences; (ivj the persons to whom products may or may not be supplied; and (v) the circumstances in which the products may or may not be supplied; the transportation, storage or handling of producis so long as those laws apply equally to products produced in or imported under the laws of the Parties and so long as they are directed at matters affecting, inter alia, human health or safety, animal or plant life or health, or the environment;

0r

the inspectiorl of products so long as such inspection is not a prerequisite to the supply of products and the laws apply squally to produds produced in or imported under the laws of the Parties and so long as they are directed at matters affectirlg, inter al~a,human health 3r safety animaD or plant life or health, or the environment.

b)

c)


5 This Article shall not affect the operation of any laws or regulations

prohibiting or restricting the importation of products into one Party from the other Party.

Article 41 Mutual Recognition of ConformityAssessment

Coverage 1 This Article shall apply to products andlor assessments of manufacturers of products, and their mandatory requirements as may be specified in the Product Chapters. General Dbiigations 2 Each Party recognises that the conformity assessment bodies designated by the other Party in accordance with this Article are competent to undertake the conformity assessment activities necessary to demonstrate compliance with its mandatory requirements. 3 New Zealand shall accept the results of conformity assessment activities to demonstrate conformity of products andlor manufact~~rerswith its mandatory requirements when the conformity assessment activities are undertaken by conformity assessment bodies designated by Singapore's designating authorities In accordance with this Article. 4 Singa~oreshall accept the results of conformity assessment activities to demonstrate conformity of products-andlor manufacturers with its mandatory requirements when the conformity assessment activities are undertaken by conformity assessment bodies designated by New Zealard's designating authorities in accordance with this Article. 5 This Article shall not require mutual acceptance of the mandatory requirements of each Party, or mutual recognition of the equivalence of such mandatory requirements. The Parties shall, however, give consideration to increasing the degree of harmonisation or eqilivalence of their mandatory requirements, where appropriate and where consistent with good regulatory practice. 'dVhere both Parties agree that the mandatory requirements are harmonised or established as equivalent, the results of conformity assessne~t that demonstrate compliance with the exporting Party's mandatory requirements shall be accepted as demonstrating compliance with the importing Party's mandatorv requirements without the need for further conformity


assessment by the importing Party to demonstrate compliance with its own mandatory requirements. 6 Each Party shall, consistent with the relevant provisions of the WTO Agreement on Technical Barriers to Trade and the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, use international standards, or the relevant parts of international standards, as a basis for its mandatory requirements where relevant international standards exist or their completion is imminent, except when such international standards or their relevant parts are ineffective or inappropriate. Designating Authorities 7 The Farties shall ensure that their designating authorities have the necessary authority to designate, monitor, suspend, remove suspension and withdraw designation of the conformity assessment bodies within their respective jurisdictions. 8 Designating authorities shall consult, as necessary, with their counterparts of the other Party to ensure the maintenance of confidence in co~fermtty assessment processes and procedures. This consultation may include joint participation in audits related to conformity assessment activities or other assessments of designated conformity assessment bodies, where such participation is appropriate, technically possible and within reasonable cost. Designation of ConformityAssessment Bodies 9 In designating conformity assessment bodies, designating authorities shall observe the relevant stipulated requirements. 10 Designat~ng authorities shall specify the scope of the conformity assessment. activities for which a - conformity assessment body has been designated. 1l Each Party snall give the ather Party advance notice of at least 7 days, ar such other time period as may be specified in the relevant Product Chapter, of any changes, including suspensions, to their list of designated conformity assessment bodies. 12 The results of conformity assessment activities undertaken by- a designated conformity assessment body shall be valid for acceptance for the purposes of paragraphs 3 and 4 of this Article from the date its designation takes effect


13 Designating authorities shall ensure that the conformity assessment

bodies that they designate maintain the necessary technical competence to demonstrate the conformity of a product with the standards andlor specifications to meet mandatory requirements. Conformity assessment bodies of a non-Party shall be acceptable for designation by the Parties where there are no conformity assessment bodies designated in the territory of a Party and the other Party agrees to such designation. 14 Designati~g authorities shall exchange information concerning the prscedures used to ensure that the designated conformity assessment bodies are technically competent and comply with the relevant stipulatec?requirements. 15 Designating authorities shall ensure that the conformity assessment bodies they designate participate in appropriate proficiency-testing programmes and other comparative reviews such as non government-to-government mutual recognition agreements, so that confidence in their technical competence to undertake the required conformity assessment is maintained. Suspension and Withdrawal of ConformityAssessment Bodies 16 Each Party shall ha\le the right to challenge a designated conformity assessment bcdy's technical competence and compliance with the relevant stipulated requirements. This right shall be exercised only in exceptional circumstances and where supported by relevant expert analysis or evidence. A Farty shall exercise this right by notifying the other Party in writing. Such ~otification shall be accompanied by the supporting expert analysis or evidence. 17 Except in urgent circumstances, the Parties shall, prior to a challenge under p~ragrapb'i.6, enter into cons~lltationswith a view to seeking a mutually satisfactory solution. In urgent circumstances, consultations .shall take place immediately after the right of challenge has been exercised. 18 The consultations referred to i~ paragraph 17 shall be conducted expeditiously with a view to resolving all issues and seeking a mutually satisfactory solutlon within the time period specified in the relevant Product Chapter. if this is not achieved. the vattar shall be resolved in accgrjance with the provisions of Part 10. 19 The Product Chapters may. provide for additional prl~cedi~i-es,such as verification and time limits, to be followed in relation to a challenge. 20 Unless the Parties decide otherwise, the designation of the challe~ged desigqated conformity assessment body shall be suspended by the relevant


designating authority for the relevant scope of designation from the time its technical competence or compliance is challenged, until either:

a)

b) 21

the challenging Party is satisfied as to the competence and compliance of the conformity assessment body; or the designation of that conformity assessment body has been withdrawn. The results of conformity assessment activities undertaken by a

designated conforlnity assessment body on or before the date of its suspension or withdrawal shall remain valid for acceptance for the purposes of paragraphs 3 and 4 unless otherwise agreed by the Parties. 22 Designating authorities shall compare methods used to verify that the designated conformity assessment bodies comply with the relevant stipulated requirements.

Article 42 Mutual Recognition of Equivalence of Standards Where regulatory compliance is required and where there is equivalence of outcomes, each Party shall accept the standards of the other Party as equivalent to its own corresponding standards.

1

Article 43 Exchange of Information The Parties shall exchange information concerning their manaatory

requirements and conformity assessment procedures. 2 Each Party shall inform the other Party of any proposed changes to its mandatory requirements. Except where considerations of health, safety or environmerltal protection warrant more urgent action, each Party shall notify the other Party of the changes within the time period set out in the relevant Product Chapters or, if no time period is specified, at least 60 days before the changes enter into force. 3 The Parties may agree on the provision of other information for a specific sector in the Product Chapters.


1

Article 44 Preservation of Regulatory Authority Each Party retains all authority under its laws to interpret and implement

its mandatory requirements. 2 This Part shall not limit the authority of a Party to determine the level of protection it considers necessary for the protection of inter alia human health or safety, animal or plant life or health, or the environment. 3 This Part shall not lim~tthe authority of a Party to take all appropriate measures whenever it ascertains that products may not conform with its mandatory requirements. Such measures may include withdrawing the products from the market, prohibiting their placement on the market, restricting their free movement, initiating a product recall, initiating legal proceedings or otherwise preventing the recurrence of such problems, ~ncludingthrough a prohibition on imports. If a Party takes such measures, it shall notify the other Party within 15 days of taking the measures, giving its reasons.

1

Article 45 Confidentiality A Party shall not be required to disclose confidential proprietary

information to the other Party except where such disclosure would be necessary for the other Party to demonstrate the technical competence of its designated conformity assessment bodies and conformity with the relevant stipulated requirements. 2 A Party shall, in accordance with its applicable laws, protect the confidentiality of any proprietary information disclosed to it in connection with conformity assessment activities andlor designation procedures.


PART 8: GOVERNMENT PROCUREMENT

1

Article 46 Establishmentof a Single Market The Parties agree to establish a single New Zealandls~ngapore

government procurement market, in order to maximise competitive

opportunities for New ZealandISingapore suppliers, and reduce costs of doing business for both government and industry.

2 a) Th~sshall be achieved by the Parties: committing to implement the APEC

Non-Binding Principles on

b)

c)

d)

Government Procurement relating to transparency, value for money, open and effective competition, fair dealing, accountability and due process, and non-discrimination; ensuring the opportunity exists for their suppliers to compete on an equal and transparent basis for government contracts; enslrri~g +ha non-applicatior, against their suppliers of preferential schemes and other forms of discrimination based on the p1ar.e cf origin of goods and services unless such ,schemes or forms of ciiscrirnination fall within Article 81; providing a mechanism for cooperation to work towards achieving the greatest possible consistency in contractual, technical and performance standards and specifications, and simplicity and consistency in the application of procurement policies, practices and procedures.

1

Article 47 Scope and Coverage This Part applies to government procurement valued at above Special

Drawing Rights (SDR) 50,000. The Parties shall consult and agree on a

common basis for expressing this value threshold in their respective national currency equivalents as at the date of entry into force of this Agreement, and as at the date of reviews of the operation of this Agreement held in accordance with Article 68.


2 Government procurement of services is subject to a Party's schedule of

commitments in Annex 2 and the terms, limitations, conditions or qualifications set out therein''. 3 Where government bodies require enterprises not covered under this Part to award contracts in accordance with particular requirements, Article 49 shall apply mutatis mutandis to such requirements.

Article 48 Definitions

For the purposes of this Part:

a)

b)

c)

d)

e)

10

"designated ~odies"means bodies designated in each of the Parties to investigate complaints about non-compliance with this Part; they may include an agency or office responsible to a Party, or a position located within such agency or office. The designated body for Singapore is the Ministry of Finance and the designated body for New Zealand is the Ministry of Economic Development; 'goods and services" means but is not limited to goods alone, services alone or goods and related services. Computer software is defined as "goods" for this purpose. "Related servicesJ"means but is not limited to services provided in conjunction with the supply of goods or construction activities (such as architectural design, engineering, project design, project management and related consultancy services); "Ministers responsible for procurement" means Ministers with portfolio responsibility for procurement policy where such direct responsibility exists. Otherwise the definition shall mean Ministers with portfolio respcnsibility for this Part; "procurement" means but is not limited to purchase, hire. lease, rental, exchange and competitive tendering and contract~ng (outsourcing) arrangements; "government procurement" means procurement by government bodies, that is departments and other bodies, including statutory aiithorities, which are controlled by the Parties and excludes procurement by any body corporate or other legal entity that has the power to contract, except At the request of New Zealard, Singapore confirms that there shall be no discrimination in

terms of government procurement of services in favour of corporate entities where the Sirgapore Governmetlt is the majority shareholder or has a special share as dofi~erli~Annex 2.


fj

g)

where the Parties exercise their discretion to determine that this Part shall apply. In the case of regional or local governments or authorities, and in the case of procurement of services by non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities, the Parties shall use their best endeavours to encourage wider application of this Part, consistent with good commercial practice, to procurement by all such governments, authorities and bodies; "New ZealandISlngapore suppliers" means service suppl~ers(determined in accordance with Part 5) or suppliers of goods wholly produced or obtained or partly manufactured in New Zealand or Singapore. Whether a good is wholly produced or obtained or partly manufactured in New Zealand or Singapore shall be determined in accordan~ewitb Article 5: "value for money" means the best available outcome for money spent in terms of the procuring agency's needs. The test of value for money requires relevant comparison of the whole of life costs and be~efits relating directly to the procurement. "Whole of life costs and benefits" include fitness for purpose and other considerations of quality, performance price, delivery, accessories and consumables, service suppot? and disposal.

Article 49 General Principles Except as p-wided otherwise in this Part, the Parties shall:

a)

b)

c)

dl

at all times conduct their procurement activities in ac~ordancewith the spirit and intent of this Part; ensure that all government bodies within their territories comply with this Part; provide to services, goods and suppliers of the other Party equal opportl.lr\ity znd treatment no less favourable than that accorded to their own d~mestlr:sew ice^. goods and suppliers; promote opport~~nitiesfor their suppliers to compete for government busmess on the basis of value for money and avoid purchzsing practices which discriminate or are otherwise biased against, or have the effect of denying equal access or qpportun~tyto, their services, gocds and suppliers. while conforming with apy commitments of the Fart~esunder international government proc~~rementagreements;


/

e)

f)

use value for money as the prima'ry determinant in all procurement decisions; and achieve maximum practicable simplicity and consistency in the application of procurement policies, practices and procedures.

1

Article 50 Valuation of Contracts The foliowing provisions shall apply in determining the \fa!(reof corltracts

for purposes of implementing this Part. 2 Valuation shall take into account all forms of remuneration, i~cludirgarly premiums. fees, commissions and interest receivable. 3 The selection of a vaiuation method by a government body shail not 56 made, nor shall any procurement requirement be divided, with the inte~tionof avoiding the application of this Part. 4 In cases where an intended procurement specifies the need for o~tion clauses, the basis for vaiuation shall be the total value of the maximum permissible procurement, inclusive of optional purchases.

Article 51 Rules of Origin A Party shall not apply rules of origin to goods or servlcies irnpw-kcr 2i- supplied from the other Party, for purposes of government procbremertt. which are different from the rules of origir. applied in the normal course of trade arid at t+e time of the transaction in question ?o imports or supplies of the same goods or services from that other Part)/.

1

Article 52 Procurement Procedures Each Party shall ensure that the procurement pr~cedures,incl;,ding

tendering arld s~lppller invitation. registration of interest., orequalification, selection, nsgatiatlon and corltract sward procedures, of its government bodies


are applied in a manner consistent with this Part, the APEC Non-Binding Principles on Government Procurement, and good commercial practice. 2 In cases of procurement by open call for tender, invitations to tender shall be advertised in a publicly accessible medium; and in cases of procurement by selectwe invitation to tender, prior calls to prequalify or register interest shall be advertised in a publicly accessible medium. 3 The Parties shall ensure that government bodies make readily available on request by New ZealandISinga~oresuppliers information on contract awards. incl~dingthe name of the supplier, the goods or services supplied and value of the contract award, u~lassthe release of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular enterprises, public or private, or might prejudicefair competition between suppliers. 4 Government bodies shall, on request from an unsuccessful supplier which participated in the relevant tender, promptly provide pertinent information concerrupg reasons for the rejection of its tender, unless the release of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interest of particular enterprises, public or private, or might prejudice fair competition between suppliers. 5 Each Party shall also take appropriate steps to enhance transparency at all stages of their procurement procedures, and endeavour to provide the information specified in paragraphs 2 and 3 for all governme~tbodies from a single point of access through a public medium, such as the Internet.

7,

1

Article 53 Prohibition of Offsets Government bodies shall not, in the qualification a m selectiora of

suppliers, goods and services, or in the evaluation of tenders and award 3f contracts, Impose, seek or consider offsets in relation to govsrnment procurementfrom New Zealand or Singapore suppliers. 2 "Offsets in relation to governverlt pr3curement" means measures used to encourage local developme~tor improve the balance cf paynia7ts accounts by requiring domestic. content, licensi~gof technology, investment, counter-trade or similar requirements.


1

Article 54 Disputes between a Supplier and the Procuring Government Body In the event of a complaint by a supplier that there has been a breach of

this Part, each Party shall encourage the supplier to seek reso!ution of its complaint in consultation with the procuring government body. In such instances the procuring governwent body shall accord time\y a ~ dimpartial consideration to any such complaint. 2 Failing resolution through consultation between the supplier and the procuring government body, the complainant should seek the assistawe of the designated body of the Party in whose territory the complainant is located. A complaint made Informally may be processed informally if this is deenred appropriate by the designated body and the complainant. 3 Failing resolution, the designated body receiving the complaint shall formally raise it with the designated body of the other Party for investigation of any alleged breach of this Part and for a report by it in writing. The Parties agree to provide details and documentation to permit a full investigation of ccrmplaints. Carlfibentiality of a!l information shall be maintained. 4 If the response is satisfactory to the designated body which received :he original complaint, then the complarnt shall lapse. 5 If satisfactory resolution is not achieved, the designated body which received the original complaint may then refer the matter to ths Minister responsible for procurement in the other Party for further investigation arid decision. 6 In the event that a complaint cannot be resolved through the steps set out above within 30 days after the designated body receiving the origrnal complaint has formally raised it with the designated body of the other Party, the provisions of Part 10 shall apply A Party shall be entitled by subrogation to exercise the rights and assert rhe claims of its own supplier against the other Party. The subrogated rights or claims shall not be greater than the original nqhts or claims ~f that supplier.

4

Article 55 Exemptions It is recognised by the Parties that, under certain circumstances, there

may be a need for exemptior, from some of the requirements of this Part for


certain government bodies, for certain classes of procurement, and far procurement undertaken in accordance with specific government policies. 2 Exemptions from some of the requlrements of this Part may be sought by either party for government bodies whlch meet the following criteria subject to consultation and agreement with the other Party:

a)

b)

joint bodies with any other State or separate customs territory which is not party to this Agreement; bodies funded primarily from specific special levies on particu!ar industries, or by community groups or from special grants or public dorlations.

It is not intended, however, that any government body shall be granted full exemption from the requirements of this Part. When considering appliicatisns for partial exewptions, the Parties shall exercise their autlrsontj with due diligs~cein accordance with the objectives of this Part. 3 The following classes of procurement are exempt frorri the application of this Part:

a)

b)

c)

iniernal proci~rementby a government from its own bodies where no other supplier has been asked tc tender. If, however, te~dersare called or invited, the provisions of this Part shall apply whether or not a government body submits a tender; the procurement of proprietary items required to ensure machinery or eqclipment integrity, but only as they may relate to biased specifications. Where such items are available from a number of sources andior tenders are called or inv~ted,all ~rovisionsof this Part apply gfher than as they relate to biased specifications; the irgent procurement of goods a ~ related services in the event of d emergencies such as natural disasters, or to meet the urgent requlrements of United Nations peacekeeping or humanitarian operations; prccirrement of proprietary equipment of a work, health or safety nature specified in ~ndustrialagreements but only as they may relate to b~ased specifications. Where s ~ c hitems are available from a n~~rnberso1lrces of antllor tenders are called or invited, all provisions of this pari apply other than as they relate to hiased specifications; defe~ceprocurement of a strategic riature and other procnreme~twhere national security is a consideration;

d)

e)


f) 4 procurement under development assistance programmes. Either Party may seek to have additional classes of procurement

exempted from this Part. Such exemptions shall be permitted only with the agreement of the other Party.

'1

Article 56 Administration and Review The designated bodies shall report jointly to the Ministers respo~lsiblefor

procurement on the implementation of this Part in preparation for the reviews provided for in Article 68. 2 A committee of senior officials responsible for government procurement policy of each Pany may meet as appropriate to discuss polic)~issues, technical or other cooperation, and the reviews referred to in paragraph 1


PART 9: INTELLECTUAL PROPERTY Article 57 Intellectual Property The Parties agree that the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights shall govern and apply to all intellectual property issues arising from this Agreement.


PART 10: DISPUTE SETTLEMENT

1

Article 58 Scope and Coverage The rules and procedures of this Part shall apply with respect to the

avoidance or settlement of disputes betweep the Parties corleerrli~gtheir rights and obligations under thls Agreement, but are without prejudice to the rights of the Parties 'to have recourse to dispute settlement procedures available under other agreements to which they are party. 2 For the avoidance of doubt, the Parties agree that the provisions of this Agreement shall be interpreted in accordance with the general principles of international law and consistently with the objectives set out in Article 1,

Article 59 Consultations l EachPartyshallaccordadequateopportunityforconsu!tatiansiegard~ng any representatiorls made by the other Party with respect to any matter affect~ngthe implementation, interpretation or application of this Agreement. Any differences shall, as far as possible, be settled by consultation between the Parties. 2 Any Party which considers that any benefit accruing to it d~rectlyor indirectly under this Agreement is being nullified or impaired, or that the attainment 9f any objective of this Agreement is being impeded as a result of failure of the other Party to carry out its obligations under this Agr~ementor the existence of any other situation may, with a view to achiev~ngsatisfactory settlement of the matter, make representations or proposals to the other Party, which shall give due consideration ts the representations or prc)pssals made to it. 3 If a request for consultation is made, the Party to whict- the request is made shall reply to the request within 7 days after the date of its receipt and shall enter i ~ t oconsultations within a period of rlo more than 38 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. 4 The Parties shall make every effort to reach a mutually satisfactory resolcrtion of any matter thro~.lg&c-onsultatIons To this end, the parties shall:


a)

b)

provide sufficient information to enable a full examination of how the measure might affect the operatiorl of the Agreement; treat any confidential or proprietary information exchanged in the course of consultations on the same basis as the Party providing the information.

1

Article 60 Good Offices, Conciliation or Mediation The Parties may at any time agree to good offices. coqciliatior, or

mediation They may begin at spy t h e and be terminated at any time 2 If the Parties agree, procedures for good offices, conciliation or mediation may continue while the dispute proceeds for resolution before an arbitral tribunal anpoi~tedunder Alticle 61.

1

Article 61 Appointment of Arbitral Tribunals If the consultatiorls fail tc settle a dispute within 60 days after the date of

receipt of the request for consultations, the Party whlch made the request for consultations may make a written request to the other Party to appoint an arbitral tribunal. The request shall include a statement of the claim and the grounds on which it is based. 2 The arbitrai tribunal shall consist of three members. Each Party shall appoint an arbitraror within 30 days of the receipt of the reqn~est:sr~dthe two arbitrators appointed shall designate by common agreemert the third arbitrator, who shalr chair the tribunal. The latter shall not be a natiolal of either of the Parties, nor have his or her usual place of residence in the territory of one of the Parties, nor be employed by either of them, nor have dealt with the case in any capacity 3 If the chair of the tribunal has not been designated within 30 days of the appointment of the second arbitrator, the Director-General of the WTCl shall at the request of either Party appoi~tthe chair of the arbitial trik)r?nslwithin a further one month's perjod. 4 If one of the Parties does not appoint an arbitrator within 30 days of the receipt of the request, the sther Party may inform the Director-Gersral of the


WTO who shall appoint the chair of the arbitral tribunal within a furthe: 30 days and the chair shall, upon appointment, request the Party which has not appointed an arbitratar to do so within 14 days. If after such period that Party has still not appointed an arbitrator, the chair shall inform the Director-General of the WTO who shall make this appointment within a further 30 days. 5 For the purposes of paragraphs 1, 2, 3 and 4, any person appointed as a member or chair of the arbitral tribu~alby either Party or by the DirectorGeneral of the WT0 must be a well-qualified govertimental or nongovernmental individual, and can include persons who have served on or presented a case to a WTO panel, served in the Secretariat of the WTO, taught or published or7 ~l-rternationaltrade law or policy, or served as a senior trade policy official of a Member of the WTO. The Parties recognise that ine arbitral tribunal should be composed of individuals of relevant technical or iegal expertise.

1

Article 62 Functions of Arbitral Tribunals The function of an arbitral tribunal IS to make an objective assessrrient of

the d~sputebefore it, including an examination of the facts of the case and the applicability of and conformity 'with this Agreement, and make such other findings and rulings necessary for the resolution of the dispute referred to it as it thinks fit. The findings and rulings of the arbitral tribunai shall be bir76ing on the Parties 2 The arbitral tribunal shall, apart from the matters set out in Article 63, reguiate its own procedures in relation to the rights of Parties to be heard and its deliberations.

1

Article 63 Proceedings of Arbitral Tribunals P ~ Iarbitral tribunal shall meet in closed session. The Parties shall be

present at the meetings only when invited by the arbitral tribunal to appear before it The reports of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and ?he statements made. 2 The arbitral tribunal shall have the right to seek information and i;echnical advice from any iridividual or body which it deems appropriate. A Party shall respoid prornptiy and fully to any request by an arbitral tribisrlar for s~.rr,h i~forpafion3s the arbitral tribunal considers necessary and appropr~ate


3 The deliberations of an arbitral tribunal and the documents submitied to it

shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing statements of its own positions and its initial submission KOthe public. A Party shall treat as confidential information submitted by another Party to the arbitral tribunal which that Party has designated as confidential. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of a Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public 4 Before the first substant~vemeeting of the arbitral tribunal with the Parties, the Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case and their arguments. 5 At Its first substantive meeting with the Parties, the arbitral tribunal shall ask the Party which has brought the complaint to present its case. Subsequently, and still at the same meeting, the Party against which the complairlt has been brought shall be asked to present its point;of view. 6 Formal rebultals shall be made at a second substanti\le meeting of the arbitral tribunal. The Party complained against shall have the right to take the floor first to be followed by the complaining Party. The Parties shall submit, prior to the meeting,'written rebuttals to the arbitral tribunal. 7 The arbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing. The Parties shall make available to the arbitral tribunal a written version of their oral statements. 8 In the interests of full transparency, the presentations, rebuttals and statements referred to in paragrapl-rs 4 ro 7 shall be made in the presence of the Parties. Moreover, each Party's written submissions, irlcluding any comments on the descriptive part of the report and responses to questions put by the arbitral tribunal, shall be made available to the other Party. 9 The arbitral tribunal shall release to the Parties its findings and rulings In a report on the dispute referred to it within 60 days of its formation. In exceptional cases, the arbitral tribunal may take an additional 10 days to release its report containing its findil~gsand rulings. Within this time period, the arbitral tribunal shall accord adequate cpportunity to the Partie.: to relliew the report before its release.


Article 64 Termination of Proceedings The Parties may agree to terminate the proceedings of an arbitral tribunal in the event that a mutually satisfactory solution to the dispute has been found.

1

Article 65 Implementation The Party concerned shall comply with the arbitral tribunal's rulings or

findings within a reasonable time period. The reasonable period of tirne shall be mutuallv determined by the Parties and shall not exceed 12 months from the date of the arbitral tribunal's report, unless the Party concerned advises the other Party that primary legislation shall he required, in which case the reasonable period of time shall not exceed 15 months from such date. 2 If tbe Party concerned fails tc, bring the measure found to be inconsistent with the Agreement into compliance therewith or otherwise comply with the arbitral tribunal's report within the i-easonable period of time, that Party shalI, if so requested, and not later than the expiry of the reasonable period of time, enter into negotiations with the Party having invoked the dispute settlement procedures with a view to reaching a mutually satisfactory resolution. 3 If no mutually satisfactory resolution has been reached withip 20 days, the Party which has invoked the dispute settlement procedures may suspend the application of benefits of equivalent effect until such time as the Parties have reached agreement on a resolution of the dispute. 4 In considering what benefits to suspend pursuant to paragraph 3:

(i)

(ii)

the Party which has invoked the dispute settlement procedures should first seek to suspend benefits in the same sector or sectors as that affected by the measure or other matter that the arbitral tribunal has found to be inconsistent with this Agreement 3r to have caused nullrf~cation ivpairment; and the Parcy which has ~nvokedthe dispute settlement procedures may slrspend benefits other sectors if it considers that it is not practicable or effective to suspend benefits in the same sector.


Article 66 Expenses Unless the arbitral tribunal decides othewise because of the part~cular circumstances of the case, the expenses of the tribunal, including the remuneration of its members, shall be borne by the Parties in eqtial shares.


PART l 1: GENERAL PROVISIONS

1

Article 67 Application Each Party is fully responsible for the observance of all provisions in this

Agreement and shall take such reasonable measures as may be available to it to ensure their observance by regional and local governmeots and authorities, and, in i-es~ectof trade in services under Part 5. by non-governmental bodies (in the e~erciseof powers delegated by central, regional or local government or authorities) within its territory. 2 The provisions of Part 10 may be invoked in respect of measures affecl'lng the observance of this Agreement taken by regional or local governments or authorities within the territory of a Party When an arbitral tribunal appointed under Part 10 has ruled that a provision of this Agreement has not been observed, the responsible Party shall take such reasonable veasures as may be ava~lableto it to ensure its observance. The provisions of Part 10 relating to the suspension of the application of benefits of equivalent effect shall appE~,in cases where it has not been psssib~eto secure such observance. 3 This Article does not apply 1.0 Part 8 concerning Government Procurement.

1

Article 68 Review In addition to the provisions for consultations elsewhere in this

Agreement Ministers in charge of trade negotiations of the Parties shall meat within a year of the date of entry into force of this Agreement atid then biennially or otherwise as appropriate to review the operation of this P-greement. 2 The Parlties shall undertake a general review of the operatio~of this Agreement In 2005.


1

Article 69 Transparency Each Party shall promptly make public all laws, rules, regulations, judicial

decisions and administrative rulings of general application pertaining to trade in goods, services, and investment; shall promptly make available administrative guidelines which significantly affect trade in services covered by its commitments; and shall endeavour to make available promptly administrative guidelines !~hicbsignificantly affect trade in goods and investment. 2 Each Party shall endeavour to provide opportunity for comment by the other Party on its proposed laws, rules, regulations and procedures affect~ng trade in goods and services and investments if it is of the view that any such proposed laws, rules, regulations and procedures are likely to affect the rights and obligations of either Party under this Agreement.

3 Each Party shall respond promptly to all requests b \ the other Party for ~

specific information on any of its measures of general application. Each Party shall establish one or more enquiry points to provide specific i~f63vrriationgpon request on all such measures 4 In view of the importance of transparency of domestic legislation and procedures affecting trade in goods and the supply of services and in investment to the ,operation of this Agreement, the Parties shall discuss any concerns which may arise in this area at the reviews referred to in Article 68, in order to address means of overcoming such concerns.

Article 70 Business Law With a vlew to facilitating business through addressing issues of common interest in relation to business law. the Par?ies shall exchange information OF their respective business laws as a first step in identifying issues for attention and consideration of an appropr~ateongoing process for addressing these Issues.


Article 71 General Exceptions Provided that such measures are not used as a means of arbitrary or unjustified discriminatior against persons of the other Party or as a disguised restriction on trade in goods and services or investment, nothing in this Agreement shall preclude the adopiion by any Party of measures in the exercise of its legislative, rule-making and regulatory powers:

a)

b) c)

a)

ej

f)

g)

necessary to protect public order or morality, public safety, peace arid good order and to prevent crime; necessary to protect human, animal or plant life or health, necessary to prevent upfair, deceptive or misleading practices or to deal with the effects of defaults oa7 services contracts; necessary to protect national works, items or specific sites of historicai or archaeological value, or o support creat~vearts'' of national ualue; to conserve exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption; necessary to secure compliance with laws and regulatiorrs relating to customs erlforcement tax avoidance or evasion; ir cufinectior. with the prodircts of prism labour.

11

lllustrativs list of 'creative arts": the creative arts, including nga toi Maori {Maori arts),

comprise a range of art forms and discipli~esincludiqg: dance, music, theatre, haka. waiata and other perrorr~ingarts, visual arts such as panting, sculpture, craft arts ~ h ~ l < a i(carving), r o

raranga (weav~ng),ta moko; literature; fiiq and video, lasguage arts arld 11e~rlmedia ciisciplinaryarts activlt~esthat incorporate wore than one art form are also irlclucied Cross-

The terrli encompasses those activities indolved in the presentation,execution 41s ~~terpretatfon ot the arts. and the study and techr~caldevelopment of these art forms and acti+lities.


1

Article 72 Movement of Natural Persons This Agreement applies to measures affecting natural persons wno are

service suppliers of a Party, and natural persons of a Party who.are empioyed by a service suppl~erof a Party, in respect of the supply of a service. 2 This Agreement shall not apply to measures affectirlg natural persons seeking access to the employment market of a Party nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis. 3 In accordance with Articles 17, 18, 19 and 20, the Parties may negotiate specific commitments applying to the movement of all categories of natural persons supplying services under this Agreement. Natural persons covered by a specific commitment shall be allowed to supply the service in accordance with the terms of that commitment. 4 This Agreement shall also not prevent a Party from applying measures to regulate the e1-ttt-y of ~aturalpersons of the other Party into, ar thelr temporary stay in, its territey. including those veasures necessary to pr~tectthe integrity ~ fand to ensure the orderly qovenent of natural persons aFross, its borclers, , provided that such measures are not applied in such a rnarlr-reras to nullify or

impair the benefits accruing to ei".er commitmenti2. Party under the terms of a specific

1

Article 73 Measures to Safeguard the Balance of Payments In the event of serious balance of payments and external financial

difficulties or thre~tthereof, a Party may adopt or maintain restrctions on trade in services on wbich it has ~rndertakenspecific commitments. including on payments or transfers for tra~sactionsrelated to such commitments Ir; the case of investments, a Party may adopt or maintain restrictions with regards 3.0 payments relating to the transfer of proceeds from investment. 2 The restrictions referred to in paragraph 1:

'' The sole fact of rewiring a visa for natural persons shall nor be regarded as nullifying

impairing benefits under a specific comrr,itment


a)

b)

c)

d)

ej 3

shall be consistent with the Articles of Agreement of the !nternational Monetary Fund: shall avoid. unnecessary damage to the commercial, economic and financ~alinterests of the other Party; shall not exceed those necessary to deal with the circumstances described in paragraph 1: shail be temporary and be phased out progressively as the situation specified in paragraph limproves; and shall be applred on a national treatment basis. Any restrictions adopted or maintained under paragraph 1, or any

changes therein, shall be promptly notified to the other Party wifhin 14 days from the date such measures are taken. 4 The Party adopting any restrictions under paragraph 1 shall commence consuliations with the other Party within 90 days from the date 0' notification in order to review the measures adopted by it. 5 ln'the case of trade in goods, where a Party is in serious balance of payments and external. financial difficulties or under threat thereof, it may, in accordance with the GATT 1994 and the Understanding on the Balance-ofPayments P~ov~sicrnsof the GATT 1994, adopt restrictive import measures

Article 74 Treaty of Waitangi l Providedthat such measuresarenotusedasa means~farbitraryor unjustified discr~minationagainst persons of the other Party or as a disgu~sed restriction on trade in goods avd services or investment, nothing in this Agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favourable treatment to Maori in respect of matters covered by this Agreement including in fulfillment of its obligations under the Treaty of Waitangi. 2 The Farties agree thatthe interpretation of the Treaty of Waitangi, including as to the nature of the rights and obligations arising irnder it, shalJ not be subject to the dispute settlement provisions of this Agreement. Part 10 shall otherwise apply to this Article An arbitral tribunal appointee vrlder Article 61


may be requested by Singapore to determine only whether apy measure (referred to in paragraph 1) is inconsistent with its rights under this Agreement.

Article 75 Critical Shortages Provided that such measures are not used as a means of arbitrary or unjustified discrimination qainst persons of the other Party or as a disguised restriction on trade in goods and services or investment* nothing in this Agreement shall preclude the adoption by Singapore of measures it deems necessary to prevent or relieve a critical shortage or threat thereof of any such imports deemed or defined as essential to Singapore under its domestic laws and reguiations, and where the situation referred to gives rise, or is likely to give rise, to major diff~cultiesfsr Singapore, provided that such measures shal!, if Singapnre deems fit, be discontinued as soon as the conditions giving rise to such measures have ceased to exist.

Article 76 Security Nothing in this Agreement shall be construed:

a)

as preventing either Party from taking any action which it considers necessary for the protection of its essential security interests, including but pot l~mitedto action relating to traffic in arms, ammunitiorl 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, and any action taken in time of war or other emergency in domestic: or internatimal relations'

b)

as preventing either Party from taking any action in plrrsuance of its obligations under the United Nations Charter for the maintenance of international peace and security.


Article 77 Disclosure of Information Nothing in this Agreement shall be construed to require either Party tc furnish or allow access to information the disclosure of which it considers:

a) b c)

dl e)

w01J.j be contrarj to its essantral security interests; is coitrary to the public interest as determined by its laws; is contray to any of its laws, including but not limited tc~those protecting personai privacy or the financial affairs and accounts of individual customers of financial institutions; vvo~~lciimpede law enforcement; or would prejudice legitimate commercial interests of particular enterprises, public or private.

Article 78 Taxation The p)-ovisionsof this Agreement shall not apply to any taxation measure. '"Taxation measure" means any measure imposing direct or indirect taxes including excise duties as defined by the domestic laws of the Parties so long as these duties are not used for the purpose of protecting the domestic industry of the Party imposing the duties.

1

Article 79 Association with the Agreement This Agreement is open to accession or association, on terms to be

agreed between the Parties, by any Member of the WTO, or by any other State or separate customs territory. 2 The terms of such accession or association shall take intci accourrt the circumstarlces of the Member of the WTO, State or separate cusfnrns territory, in particular vrittr respect to timetables for liberalisation..


Article 80 Obligations under other International, Regional or Bilateral Agreements Nothing in this Agreement shall be regarded as exempting either Party to this Agreement from its obligations under any international, regional or bilateral agreements to which it is a party and any inconsistency with the provisions of this Agreement shall be resolved in accordance with the general principles of international law.

1

Article 81 Preferences under other Agreements Nothirg it-I this Agreement shall be regarded as obliging a Party to 3xtend

to the other Party the benefit of any treatment, preference or privilege arising from any existing or any future customs union, free trade area, free trade arrangement, common market, monetary union or similar internaticrnal agreement or other forms of bilateral or regional cooperation to which either of the Parties is or may became party; or as preventing the adoption of an agreement designed to lead to the format~onor extension of such a unlon, area or arrangemerlt;or market. 2 Nothing in this .4greement snall be interpreted as obligi~ga Party to extend the benefit, of any treatment, preference or privilege arising under this Agreement to legal or natural persons who otherwise only qualify for such benefit by virtue of a separate agreement or arrangement entered into by the other Party.

Article 82 Amendments 'This Agreement rriay be amended by agreement in writing by tile Parties and such amendments shall come into force on such date or dates as may be agreed between them.


Article 83 Annexes The Annexes to this Agreement, including any Appendices thereto, shall be an integral part of this Agreement.

1

Article 84 Entry into Force, Duration and Termination This Agreement shall be subject to ratification. Ratification shall be

effected by an exchange of Notes between the Parties. The Agreement shall enter into force on the date specified in such exchange of Notes. 2 This Agreement may be terminated by either Party on giving 180 days' written noticeto the other Party.

IN WITNESS whereof the undersigned, duly authorised, have signed this Agreement. DONE in duplicate at Singaporethis 14th day of November, 2000.

For New Zealand:

Rt Hon Helen Clark Prime Minister

Prime Min'

/"'


ANNEX 1

RULES OF ORIGIN

Explanatory Notes

General

Words and terms used in Article 5 shall be interpreted in accordance with the following Notes.

The following classes of goods are deemed to originate in a Party:

Section 1 Wholly Produced or Obtained Goods wholly produced or obtained in a Party shall be taken as originating in that Party. The following only shall be taken to be produced or obtained wholly in a Party.

a)

b) c) d) e)

F)

g)

mineral products extracted f n m its soil, its waters, its seabed, or beneath the seabed; vegetable products harvested or gathered there; live animals born and raised there; products obtained from live animals born and raised there; products obtained by hunting, fishing or aquaculture conducted there; products of fishing a ~ other marine products taken outside its waters by d vessels registered or recorded with a Party; products processed and!cr made on board factory ships registered or recorded with a Party exclusively from products referred to rp paragraph (f1:


h)

i)

j)

k)

products taken by a Party, or a person of a Party, from the seabed or beneath the seabed outside territorial waters, provided that that Party has rights to exploit such seabed; waste and scrap resulting from production in a Party and fit only for the recovery of raw materials; waste and scrap fit only for the recovery of raw materials derived from used articles collected there; goods produced there exclusively from the products referred to in paragraphs (a) to (j).

(Note: Packing materials (including labels) and packing containers in which the goods are packed shall be disregarded for the purposes of establishing whether or not the goods are wholly obtained or produced.)

l

Section 2 Goods Partly Manufactured Defioition of materials

For the purposes of Article 5, "materials", including inner containers, means all inputs into the manufacturing process (other than those materials treated as o\/erheads) used or consumed in the production of the f~raishedgoods, in the form i~ whicn they are received at the factory or works from a domestic or foreign supplier.

2

Origiriating expenditure materials (including inner containers) and qualifying

For the purposes of Article Sfl)(b)(ii)(A), originating materials and the qualifying expenditurs thereof shall be.

a)

materials being "wholly produced or obtained" as defined by Sect~on1 of these Notes; and where those materials do not leave the territory of either Party and are incorporated into a final product for export from one Party to the other Party, qualifying expenditure shall be treated as whclly of Singapore 9r New Zealand ongin;


b)

materials of mixed origin, being materials which include both imported content and content of one or both Parties. For the purposes of Article 5(l)(b), in calculating the expenditure on a material incorporated in a final product for export from one Party to the other Party, the cost of that material shall be taken as:

(i)

(ii)

wholly of qualifying area content: if a material has or is deemed to have 40 percent or more area content (meaning originating in the territory of one or both Parties), then 100 per cent of the expenditure on that material shall be taken as qualifying content of the final good; partly of qualifying area content: if the material has less than 40 percent area co~tent,qualifying area content shall be in direct proportion to the actual area content ( e.g. if a material has 15 per cent area content, then 15 per cent of the expe~ditureshall be included as qualifying content of the final good).

Paragraph 2(b)(iI does not apply where a last process of wanufacture of a material takes place outside the terr~toryof the Parties and that materlal is subseq~~eqtlyreceived or acquired by a factory or works in the territory of one of the Parties. In this circumstance, the qualifying expenditure on the intermediate processed material shall be the cost of the material to the factory or works, excluding the cost of any material, or processes, not originating in the Parties. 3 Quality control checking and testing For the purposes of qualification as the manufacture of one of the Parties, quality control checking and testing procedures shall be regarded as the Last process of manufacture subject to the followirtg conditions:

a) this shall not apply to apy textile or textile articles, clothing, headwear or footwear, as defined in the following C-larmonisedSystem classifications:

Chapter 39: Chapter 40: Chapter 42: Chapter 43: Chapter 48: Chapters 50-65 Chapter 70: Chapter 94: Chapter 96:

b)

3926.20, ex 3926.90 (NZ tariff itew 3926.90.01); 4015.11, 4015.19, 4015.90; 42.03: 43 03, 43.04, 4818.50; inclusive; 70.19: 9404.21, 9404 29, 9404.30, 9404.90; 9606.21. 9606 22, 9606.29, 9606.30, 96.07.

in respect of other products which contain some qualifying are5 content, the quality control checking and testing element as the last process of


c)

4 a)

b)

c)

manufacture of the good shall be equivalent to at least 8 per cent of the factory or works cost of the final product when exported from one Party to tb,eother Party; in respect of products which do not contain any other qualifying area content, quality control checking and testing procedures shall comprise not less than 50 per cent of the factory or works cost of the final product when exported from one Party to the other Party. Vsluation of Materials Valuation of materials shall be in accordance with the provisions of Article VII of the GATT 1994 and the WTQ Agreement on Impl~meniat!onof Article VII of the GATT 1994; subject to paragraphs (c), (d) and (e), expenditure on materials shall be taken as the manufacturer's actual costs in bringing the materials into the factory or works, inclus~veof any freight component, but excluding any custovs or excise or other duties paid or payable in respect of those materials; where any rnsterial has been supplied free of charge o- at a recrucied cost the expenditure on the material shall be determined in accordance with Article 8(?)(b)of the WTO Agreement on Implementation of Article VII of the GATT 1994 and:

(I)

(ii)

the costs of freight, irlsurance, packing and all other costs incurred in transpn4ing such materials into the factory m-works shall be added, whether or not those costs have been incurred bv ihe manufacturer; any such supply shall be treated as if it were purchased by the manufacturer;

d)

e)

(iii) the above provisions may be applied to any earlier srlpply ~f necessary; the Parties may exclude expenditure on any materials (whether actual cost or normal market value) where they are satisfied that the material has been added or attached to the goods solely for the purpose of artificialiy raising the level of qualifying content; if the Parties determine that expenditure on any material is in excess of the iormal market value, they may determine the expenditure on that material


5 Labour

Expenditure under this heading comprises the following labour costs incurred in connection with manufacturing:

a) b)

c)

salaries and wages; benefits (e.g. productivity bonuses, company vehicle, Central Provident Fund contributions by the employer, accident insurance/compensation, dental and medical benefits); other factory or works labour costs incurred in connection with manufacturing, such as:

(i) (ii) Skills Development Fund contributions; Foreign Worker Levies;

(iii) contributions under the Workmen's Compensation Scheme; (iv) management of the process of manufacture; (v) receipt of materials; (vi) handling and storage of materials and goods within the factory or works; (vii) supervision; (viii) training, (ix) quality control;

(X) packing into containers (including inner containers and shipping and airfreight containers) within the factory or works.

6 Overheads

Subject to paragraphs (p) to (X) below, expenditdre under this heading comprises the following costs incurred in connection with manufacturing:

a) b)

inspecting and testing materials and goods; insuring real property, plant, equipment and materials used in the production of the goods; insuring work in progress and finished goods; liability insurance; accident compensation; insurance against consequential loss from accident tc plant and equipment; dies, moulds, tooling, and the depreciation, maintenance and repair of plant and equipment, whether or not these items csrig~natewithin the territory of a Party; interest payments for plant and equipment;

c)

d)


e) f)

g)

h)

i) j)

k)

I)

research, development, design and engineering; rent. leasing. mortgage interest, depreciation on buildings, maintenance, repair, rates and taxes for real property used In the production of the goods, leas~ngof plant and equipment, whether or not these items originated within a Party; materials airld supplies not being directly incorporated ~nto the manufactured goods (e.g energy, fuel, water, lighting. Ir~bllcants,rags), whether or not these items originated within a Party; storage of materials and goods at the factory or works; royalties or licenses in respect of patented machines or processes used in the manufacture of the goods, or in respect of the right tcr man~~facturethe goods; subscriptions to standards institutions and industry and research associations; 'a;l<:tubysecurity, provisicrrl of medical care (e.g. first aid kits and medifl;al supplies), cleaning services. cleaning mater~alsand equipment, t~ainirig materials d~sposal of waste, safety and protective clothing aipd equipment, and the subsidisation of a factory cafeteria to *he ex3eni: riot recovered by returns; computer facilities allocated to the process of manufacture of the goods; contracting out parts of the manufacturing process within the territory of the Parties; employee transport, factory vehicle expenses, and any tax in the nature of a fringe benefits tax payable on a cost specified unaer paragraphs 5 and 6.

m) n)

o)

Expenditire under this heading does not include the following:

p)

q)

costs relating to the general expense of doing business, sush as the cost of providing executive, financial, sales, advertising, marketi~g,accounting and legal services, and insurance; costs for telephone, mail, and other means of commurication;


r) S)

t)

uj

v)

W)

X)

the cost of shipping and airfreight containers; the cost of conveying, insuring, or shipping the goods after their manufact~rreis completed; royalty payments relating to a licensing agreement to distribute or sell the goods; rent, mortgage interest, depreciation on buildings, propeiy insurance premiums, maintenance, repair, taxes and rates for real property used by personnel charged with administrative functions; international travel expenses, including fares and accommodation. manufacturer's profits, or the profit or remuneration of any trader. agent, broker, or otEer person dealing in the goods after their manufacture any other costs and expenses incurred after the completiors of the ~ a n ~ ~ f a c tofrthe goods. u e

Section 3 Definitions

For the purpose si these Notes:

a)

h)

"factory or works" means the place in either Party where the iast pmess of manufacture of the goods occurs; "factory or works cost", in relation to any goods manufactured iq a factory or works, means expenditure that is incurred directly by the manufacturer in the production of the goods, or expenditure which can reasonably be allocated to the production of the goods. Such ex~end!tur~

18cle'terrni~ecl

in acccrrdance with paragraphs 3, 4, 5 and 6 of Sectiar?2 .3f these Notes;

'ifiner ~ontainers"~ncludasary container oi containers itcl!;: vvhi~hor Jn

c)

6 )

which any goods arE packed for export, but excl;!de> any shipping container pallet or similar article carried by any ship or aircraft. "the manufacturer" means the person who undertakes the last process of manufacture 9f the goods;


e)

f)

g)

"materials", including inner containers, means all inputs into the manufacturing process (other than materials treated as overheads) used or consumed in the production of the finished good, in the form in which they are received at the factory or works; "other duties" includes goods and services tax, sales tax, anti-dumping and countervailing duties; and "goods exported from the territory of one Party into the territory of the other Party" includes goods which are exported via a third codnty but which do not enter the commerce of that country, with the exception of goods entering Australia only for the purpose of unloading and reloading.

1

Section 4 Additional Notes References to "last process of manufacture'' can best be understood by

the concept of an article which is different from the component parts or materials. M~nimaloperations or processes such as pressing, labelling, ticketing. packaging, and preparation for sale shall not, by themselves, be considered tc be the last process of manufacture. However, here the last process has been performed, the costs of these operations or processing may, in some cases, fall within qualifying expenses. 2 Expenditure on labour and overhead items shall he incl~ldedonce only rn the calct~iationof the factory or works costs. 3 Depreciation of plant, equipment and buildings shall be calcdated in accordance with generally accepted accounting principles, as applied by the manufacturer.


ANNEX 2

SERVICES COMMITMENTS ANNEX 2.1 Schedule of Commitments: New Zealand

Consistent with the objectives of this Agreement to liberalise trade in services and su~portthe APEC Bogor goals, and in the interests of facilitat~nga clear understandirlg of the ~atureof services trade commitments made under tn~s Agreement for business users and the w~derpublic, New Zealand has ado~ted a sui generis, plain language, approach to scheduling its services specific commitments. Where further clarification regarding the coverage of a specific

services commitment is required

heading or sub-heading

-

-

i.e. beyond that provided in the sectoral

this is set out clearly in parentheses below in a

section entitled "coverage". Upless otherwise specified, there is no residency requiremert attached to registration in those services sectors where New Zealand h2s made specific commitments. TFle modes of supply referred to in this schedule are:

Cross border mods :

'

the supply of a service from the territory of one Party inta the territory of the other Party

CoMurnption abroad mode

Commetcial presence mode

: the supply of a service in the territory of one Party to the service consumer of the other Party : the supply of a service by a service supplier of one Party, through commercial presence In the territory of the other Farty : the supply of a service by a sewice supplier of one Party, through presence of natural persons of that Party in the territory gf the other Party

Presence of natural persons mode


All Sectors -Presence of Natural Persons No commitments other than on certain categories of intra-corporate transferees (i.e. natural persons employed by a service supplier of the other Party supplying services through a commercial presence) and business visitors as defined below. For intra-corporate transferees the following conditions apply: Executives and senior managers (i.e. senior employees of an organisation who have been employed for at least 12 months prior to proposed transfer to New Zealand and who are responsible for the entire or a substantial part of an organisatior's operations in New Zealand and receive general supe~risionor direction from higher level executives, board directors or stockholders): an lrlitial period of stay of up to 3 years; Specialist andlor senior personnel (i.e. persons being transferred to undertake a specific or spec~alisttask at senior level within the company): an initial period of stay of up to l 2 months; Specialist personriel (i.e. natural persons who have been employed by an organisation for at least 12 months prior to proposed transfer tc New Zealand and who possess trade, technical or professional skills responsible for a particular aspect of an organisation's operations in New Zealand): an ivitial period of stay of up to 3 years; Installers and servicers (i.e. installers and servicers of machinery lequ~pment where such installation or servicirzg is a condition of the purchase of the machirleryldquipment): for periods of stay not exceeding 3 months Irk any 12 month per~od. For business visitors (i.e. service sellers representing a service srlpplier of the other Party seeking temporary entry to negotiate for the sale of services where these do not involve direct sales to the general public) the following conditions apply: for a per~odor periods not 5xceeding 3 months In any calendar year. -Overseas Investment Nat~onaltreatment in the establishment of commercial presence is subject to the Overseas Investment Regulations 1995, issued under the Overseas Investment Act 197313.These provide that Overseas Investment Commission (OIC) approval is required for the following investments by an o.verseas person:

13 The OIC, in determining whethe: to grant approval, acts ;n accordance with a screening

regime (a non-legally binding description of which is contained in Annex 3 or, Inves?vent Limitations) which may be adjusted or replaced from time to time by New Zealand Sovei~rmrt legislatior. regulationor policy setting.


a)

b)

c)

acquisition or control of 25 per cent or more of any class of shares or voting power in a New Zealand entity where either the consideration for the transfer or the value of the assets, exceeds NZ$50 million, unless an exemption exists or an authorisation is granted; commencement of business operations or acquisition of an existing business, including business assets, in New Zealand, where the total expenditure to be incurred in setting up or acquiring that business or those assets exceeds NZ$50 million, unless an exemption exists or an authorisation is granted; acquisition, regardless of dollar value, of non-urban land (including scenic reserve land as defined in the above legislation, land over 0.4 hectares on specified off-shore islands and any land on all other islands unless an exemption exists or an authorisation is granted), and any land wherever located worth more than NZ$10 million.

No commitment to national treatment concerning enterprises currently in State ownership. Sector-Specific Commitments BUSINESS SERVICES Professional Services Leqal Services No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Accounting, Auditinq and Bookkeeping Services No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Taxation Preparation Services No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.


Architectural Services No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Enqineerinq Services No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. lnteqrated Enqineerinq Services No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Urban Planning and Landscape Architectural Services No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Dental Services No market access limitations in the consumption abroad or commercial presence modes of supply. No national treatment limitations in the consumption abroad mode of supply. Market access in the cross border mode of supply and national treatment in the cross border, commercial presence and presence of natural persons modes of supply is limited to registered dentists who must satisfy the relevant registration board that they intend to reside and practise in New Zealand. Veterinan/ Services No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Computer And Related Services No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.


Research And Development Services Research and Development Services on Social Sciences and Humanities except Research and Development Services undertaken bv State-Funded Tertiarv Institutions No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Real Estate Services No market access or national treatment limitations in the cross border. consumption abroad or commercial presence modes of supply. RentallLeasing of Equipment Without Crew No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Other Business Services Advertising Services No market access or national treatment limitations in tbe cross border, consumption abroad or commercial presence modes of supply. Market Research and Public Opinion Polling Services No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Management Consulting Services No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Services Related to Management Consulting No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.


Technical Testing and Analvsis Services (Coverage: testing and analysis services of physical properties, testing and analysis services of integrated mechanical and electrical systems) No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Services lncidental to Aqriculture, Huntinq and Forestry (Cojlerage: services incidental to animal husbandry covered in next entry) No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Services lncidental to Animal Husbandry No market access or national treatment limitations in the cross border or consumption abroad modes of supply. Market access in the commercial presence mode of supply is subject to the Herd Testing Regulations under the Dairy Board Act 1961 which restrict the provision of herd testing serdices to providers licensed by the New Zealand Dairy Board. The r~iimberof licences may be I~mited. Services Incidental to Manufacturinq No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Placement and Supplv Services of Personnel No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply Investiqation and Security Services No market access or national treatment limitations in the I:ross border, consumption abroad or commercial presence modes of supply. .Related Scientific and Technical Consulting Services (Coverage subsurface surveying services, surface surveying services, and mapmaking services excluding cadastral surveying services) No market access or national treatment limitations in the consumpt~onabroad or commercial presence modes of supply. Supply of services cross border is not technically feasible.


Maintenance and Repair of Equipment (not includinq Maritime Ve_ssels,Aircraft or other Transport Equipment) No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Building Cleaninq Services No market access or national treatment limitations in the consirmpti~natrroad or commercial presence modes of supply. Supply of services cross border is riot technically feasible. Photographic Services No market access or national treatment limitations in the cross border, consumptisn abroad or commercial presence modes of supply -Packaqing Services No market access or national treatment limitations in the cross border. corsumpticn abroad or commercial presence modes of supply.

No market access or national treatment limitations In the cross border, consumption abroad or commercial presence modes of supply. Convention Services No market access or national treatment limitations in the cross border, co~sumptionabroad or commercial presence modes of supply. Translation and Interpretation Services No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Interior Desiqn Services No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Exnibition Management Services No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.


COMMUNICATIONS SERVICES Courier Services No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply Telecommunications Services No market access limitations in the cross border, consumption abroad or commercial presence modes of supply. No national treatment limitations in the cross border or consumption abroad modes of supply. National treatment in the commercial presence mode of supply is subject, in the case of the Telecom Corporation of New Zealand Limited, to the Articles of Association of that corporation which limit the shareholding by any single overseas entity to 49.9 per cent and require that at least half of the Board of Directors be New Zealand citizens. Audio-visual Services Motion Picture Proiection Services No market access or natiorlal treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. CONSTRUCTION AND RELATED ENGINEERING SERVICES (Coverage: general construction work for buildings, civil engineeripg, ir,stallation and assembly work, building completion and finishing work, site prep~ration, new construction (other than pipelines), and maintenance and repair of fixed structures) I\lo market access or national treatment limitations in the consumption abroad or commerc,ial presence modes of supply. Supply of services cross border is not technically feasible. DISTRIBUTION SERVICES Commission Agents' and Wholesale Trade Services (Coverage. commission agents' services (excluding agricultural raw materials, live animals, food products, beverages, tobacco and wool), vvholesale trade services (excluding agricultural raw materials, live animals, food products, beverages, tobacco and wool))


Nc market access or natio~altreatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Retail Trade Services No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Franchising No market access or national treatment limitations in the cross borcier. consumption abroad or commercial presence modes of supplv. EDUCATlON SERVICES (Coverage. primary, secondary and tertiary education in private institutions) No market access or national treatment limitations in the cross b~raer, consumption abroad or commercial presence modes of suppl~'~. ENVIRONMENTAL SERVICES No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. FINANCIAL SERVICES Banking and other Financial Services (excludinq Insurance) Banking and other financial services (excluding insurance) referred to rn these commitments are understood to include:

a) b)

acceptanl:e of deposits and other repayable funds from the public;

lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transactions;

d)

all payment aqd money transmiss~anservices, inclirdln~re':i+t,ctlarge 1nd debit cards, travellers cheques and bankers drafts; guarantees and commitments; -

e)

14 Specific commitmenis on mar~etaccess a ~ national treatmevt through anj rl-ode 3f s*~pp!y d

shall not be construed to confer recognition of university degrees for the purposes of admission, registration and qualification for professional practice in New Zealand.


f) trading for own account or for account of customers. whether on an exchange, in an over-the-counter market or otherwise, the following:

( ) monev market instruments (including cheques, bills, certificates of deposits);

I

foreign exchange: b i ~ )

(iii) derivative products including. but nat iimited to, futures and options; (iv) exchange rate and interest rate instruments, incl~13ingpr~ductssuch as swaps, forward rate agreements;

[v) (vjj transferable securities; other negotiable instruments and financial assets, including bullion;

g)

participatiorl In issues of all k~ndsof securities, including underwriting and piacement as agent (whether publicly or privately) and provision of services related to such issues;

i)

j)

kj

I)

asset management, such as cash or portfolio management, all forms of coilective ~nvestmentmanagement, pension fund management, custodial, depository and trust services: settlement and clearing services for financial assets, inclbding secdrities, derivative products, and other negotiable instruments; provision ar~dtransfer of financial information, and financial data processing arid related software by suppliers of other financial services; ad\llsn;;l, intermediation and other auxiliary financial services on all the aci~vitie~risted in paragraphs (a) through (k), inclllding (:redit reference and analysis, investment and portfolio research and ad\lic,e, advice on acquisitions and on corporate restructuring and strategy.

National treatment in the commercial presence mode of supply is subject to the provisions of the Financial Reporting Act 1993 and the Companies Act 1993. These Acts require overseas companies to prepare financial statements on an annual basis comprising a balance sheet, a profit and loss statement and (if required by an applicable financial reporting standard appr~ved by the Accounting Standards Review Board) a statement of cash flows. 'The Acts also require such financial statements in relation to an overseaa c:ompany1s haw Zealand business. The Acts require the following corrlpanies tcb deliver ann~~al a~lditelfi:ianciar statements to the Registrar of Companies for ~sgistration;(a)


issuers (ie those which have raised investment from the public); (b) overseas companies; (c) subsidiaries of companies or bodies corporate incorporated outside New Zealand; (d) companies in which 25 per cent or more of the shares are held or controlled by: (i) a subsidiary of a company or body corporate incorporated outside New Zealand or a subsidiary of that subsidiary; (ii) a company or body corporate incorporated outside New Zealand; or (iii) a person not ordinarily resident in New Zealand. Committnents in the cross-border mode of supply for insurance and Insurancerelated serilces are limited to: insurance of risks relating to mar~timeshipping and commercral aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting them and any liability arising therefrom, and goods in Enternaticvaltransit;

0

reirlsurancs and retrocessiolr and services auxiliary to ins~lrance,such as consultancy, actuarial. risk assessment and claim settlement services.

Commitments In the c;onsuuwpticin abroad mode of supply for ivsura~csdnd insurance-,related services are limited to:

*

life insurance; insurance of risks relating to maritime shipping and com~ercialaviation and space launching and freight (including satellites), ~lithsuch irsurance to cover any or all of the following: the goods being transported, the vehicle transporting them and any liability arising therefrom, and goods in international transit; reinsura~ceand retrocession and services auxiliary to i~s~rrance,such as constrltancy, actuarial, risk assessment and claim settlement services

Commitmerlts in the cross-border mode of supply for banking a ~ dother financ~alser~ices(excluding insurance) are limited to:

0

provision and transfer of financial information and financial data processing as referred to in paragraph (k) above, and advisory and other auxi1ia.y services, excluding intermediation, relating to banking and other financial services as referred t~ in paragraph (I) above.

Commitments ir. the consumption abroad mode of supply for banking and other financial services (excluding insurance) cover: firancisl services as indicated ir, paragraphs (a)-(l) above.


.--Insurance and Insurance-Related Services For life insurance, reinsurance and retrocession and services auxiliary to insurance, no market access or national treatment limitatiors in the commercial presence mode of supply. For non-life insurance, market access and national treatment in the cross border mode of service supply is subject to the following limitationCompulsory worker's compensation insurance via Ievies or: s~eC-ricleawners, employers, employees and the self-employed is ~ro.lide14solely by the Acc~dentCompensation Zorpclratior For non-life insurance, market access and national treatmer~y11 the cr>rnmercial

presence mode of supply

a)

IS subject to the following lim~tations:

b)

c)

compulsory worker's compensation insurance via Ievies on vehicle owners, employers, employees and the self-employed is provided solely by the Accident Compensation Corporation; the Earthquake Commjssion is the sole insurer of -9sidential property disaster insurance for replacement cover up to NZ$10~?,000per dweliing and NZ$20,000 on personal property. These amounts rnay be increased by regulation; the Apple and Pear Marketing Board has the poher to organise compulsory hail irlsurance on behalf of growers and to *eql,$!rrtthem to pay a le\ly to recover the premi~llulamot-~r'rtof this insurance.

For insurance intermediation services, market access and national treatment :n the cross border mode of supply is subject to the following limitation: Compulsory worker's compensation insurance via levies on vehicle owners, employers, employees and the self-employed is provided solely by the Accident Compensation Corporation. For irlsurance intermediatioq services, market access and national treatment In the commercial presence mode of supply is subject to the following limitations:

a)

b)

compulsory worker's iompensatioti insurance via levies on vehicle owners, employers, empvoyees and the self-employed is provided soiely by the Accident Compensation Corporation; the Apple arid Pear Marketing Board and United Wheatgrowers (New Zealand; Ltd have the power to organise compulsory d~sssterinsurarce on behalf of growers and tc require them to pay a levy to recovet the premium amount of this insurance


No commitment on the market~ngand sale of insurance and insurance intermediation sewices for the following products: agricultural, horticultural and market gardening products, live animals and animal products, meat and meat products. vegetables, fruit, animal and vegetable oils, dairy products. other food products and wool. Bankinq and Other Financial Services No market access or national treatment limitations in the commercial presence mode of supply. HEALTH RELATED AND SOCIAL SERVICES Other Human Health Services Ambulance Services and Residential Health Facilities Services other than Hospital Services No market access limitations in the consumption abroad or conrnerc!al presence modes of supply. Supply of services cross border is rlot technicially feasible TOURISM AND TRAVEL-RELATED SERVICES No market access or national treatment limitations in the cross border, consumption abioad or commercia! presence modes of supply RECREATIONAL,CULTURALAND SPORTING SERVICES Archive Servicez (excluding "Pubjic Archives" as defined in the Archives Act 1957)

No market access or national treatment limitations in consumr)tionabroad or co~~mercialpresence modes of supply. cross-border,

Sports and Recreational Services (excluding Gambling and Betting Services) No market access or national treatmeqt limitations in the cross border, consumpt~onabroad or comtnercial presence modes of supply


TRANSPORT SERVICES Maritime Transport Services No commitment on apples, pears, kiwifruit, dairy products and hops. International Transport of Freight and Passensers (excluding Cabotaqe) No market access or national treatment limitations in the cross border or consumption abroad modes of supply. No commitment on the establishment of a registered company for the purpose of operating a fleet under the New Zealand flag in the commercial presence mode of supply. No commitment on ships' crews in the presence of natural persons mode of supply Maritime Aqencv Services, Maritime Brokeraqe Services and international Towaqe No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Certain Port Services (Coverage: pilotage, towing and tug assistance, provisioning, fuelling and watering, garbage collecting and ballast waste disposal, port captains' services, navigation aids, emergency repair facilities, anchorage, other shore-based operational services essential to ship operations, including communrcations, water and electrical supplies) No commitments on market access or national treatment. No measures shall be applied which deny international maritime transport suppliers reasonable and non-discriminatory access to the above port services. Air Transport Services Sales and Marketii~gof Air Transport Senlices Apart from the following products, no market access or national treatment limitations in the cross border, consumption abroad or commercial presanse modes of supply No commitment on apples, pears, kiwifruit, dairy products and hops.


Computer Reservation System Services No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Rail Transport (Coverage: passenger, freight, and pushing and towing services) No market access or national treatment limitations in +be cross border, consumpt~onabroad or commercial presence modes of supply. Road Transport (Coverage: commercial road transport services: passenger, freight (excluding mail), rental and vehicle recovery) No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply. Pipeline Transport No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply Services Auxiliary to All Modes of Transport No commitment on 'apples, pears, kiwifruit, dairy products and hops. Storase and Warehousinq Services No marKet access or national treatment limitations in the consumption abroad mode of supply No market access or national treatment limitations for storage and warehous~~yservices for land and maritime transport in the commercial presence mode of supply. Supply of storage and warehousing services cross border is not technically feasible. Freight Forwardina Services No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.


ANNEX2

SERVICES COMMITMENTS

ANNEX 2,2

Schedule of Commitments: Singapore Cover note CPC With the exception of telecommunications services, archive ssrvices, other maritime auxiliary services and financial services, the classification of services sectors shall be based on the 1991 provisional Central Product Classification of the United Nations Statistical Office. The ordering shall reflect the services sectoral classification list as used in GATT document MTN.GNSn/V/l20 dated 10 July 1991. The use of " ** against individual CPC codes indicates that the

"

specific commitment for that code shall not extend to the total range of services covered under that code. The definitions for telecommunications services, archive services, other maritime auxiliary services and financial services shall be as stated in the schedule of specific commitments for these services.

Formatfor Scheduling The scheduling of specific commitments shall follow the guidelines stated in GATT documents MTN.GNSlW1164

dated 3 September 1993 and

MTN.GNSNVII64IAdd.ldated 30 November 1993.

Scheduling of Measures Relatin~to both Market Access and National Treatment Measures inconsistent with both Articles 17 and 18 have been inscribed in the

column relating to Article 17. q~~alificationto Article 18. The inscription shall also be corlsidered a

Supply of Services which are not Technically/Technolo~icall~ Feasible

Except for telecommunications services, the entry " Unbound* unboirnd due to lack of technicalltechnological feasibility. means "


Modes of supply:

1) Cross-border supply 3) Commercial presence Limitations on

market access

2) Consumption abroad 4) Presenceof natural persons

Sectbrs Limitations on nationaltreatment Additional commitments

Horizontal Commitments ALL SECTORS INCLUDED IN THIS SCHEDULE I.

Presence of I. Unbound

natural persons unbound, except for intra-corporate transferees and business visitors (see below) II. Temporary movement of skilled personnel unbound except for the temporary movement of intracorporate transferees at the level of managers, executives and specialists. "lntracorporate transferees" refers to managers, executives and specialists, as defined below, who are employees of firms that provide services within Singapore through a branch, subsidiary, or affiliate established in Singapore and who have been in the prior employ of

I

I


Modes of supply:

1)Cross-bordersupply 3) Commercial presence Limitationson

market access their firms outside Singapore for a periodof not less than 1 year immediately precedingthe date of their application for admission and who are one of the following: a) Managerspersons within an organisation who primarily direct the organisation, or a department or sub-division of the organisation, supervise and controlthe work of other supervisory, professionalor managerial employees, have the authority to hire and fire or recommend hiring, firing, or other personnel actions (such as promotion or leave authorisation), and exercise discretionary authority over

2) Consumption abroad 4) Presenceof natural persons

Sectors

I

Limitationson nationaltreatment Additional commitments


Modes of supply:

1)Cross-border supply 3) Commercial presence Limitationson

market access day-to-day operations. Does not include first-line supervisors, unlessthe employees supervised are professionals, nor does it include employees who primarily performtasks necessaryfor the provision of the service. b) Executivespersons within the organisation who primarily direct the managementof the organisation, exercise wide latitude in decisionmaking, and receive only general supervision or direction from higher-level executives, the board of directors, or stockholders of the business. Executives would not

2) Consumption abroad 4) Presence of natural persons

Sectors Limitationson nationaltreatment Additional commitments


Modes of supply:

1) Cross-border supply 3) Commercial presence Limitationson

market access directly perform tasks related to the actual provision of the service or services of the organisation. persons within an organisation who possess knowledge at an advanced level of expertise and who possess proprietary knowledge of the organisation's service, research equipment, techniques, or management. (Specialistsmay include, but are not limited to, membersof licensed professions.) Entryfor these intra-corporate transferees is limitedto a three year period that may be extended for up to 2 additional years for a total term not to

Specialists -

2) Consumption abroad 4) Presenceof natural persons

Sectors Limitationson nationaltreatment Additional commitments


Modes of supply:

1) Cross-border supply 3) Commercial presence Limitationson

market access exceed 5 years. For business visitors (i.e. service sellers representing a service supplier of the other Party seeking temporary entry to negotiate for the sale of services where these do not involve direct sales to the general public) the following conditions apply: visitors would be granted an initial stay of up to 1 month upon arrival. The stay may be extended up to a maximum of 3 months, upon request.

2) Consumption abroad 4) Presence of natural persons

Sectors Limitations on nationaltreatment / Additional commitments

---l

1 Ill. Commercial '

I presence, right of establishment and movement of juridical persons are subject to compliance with the following provisions:

I -

l I

a foreigner who wishes to register a business firm musthavea

, 1_

-


Modes of supply:

1) Cross-border supply 3) Commercial presence Limitationson

market access

2) Consumption abroad 4) Presenceof natural persons

Sectors

Limitationson nationaltreatment 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 Additional commitments

I

Pass holder can I

register a business without appointinga local manager.) at least 1 director 3f the

l

I

I

i

1

-

company must i

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

I

-

I

i

1

1

I

I


Modes of supply:

1) Cross-border supply 3) Commercial presence Limitations on

market access

2j Consumption abroad 4) Presence of natural persons

Sectors

Limitationson national treatment Singapore citizen or Singapore permanent resident or Singapore Employment Pass holder.) IV. None

1 Additional commitments

l

IV. Specific

4 I

commitments in market access in any sector or subsector, through any mode of delivery, shall not be construed to overridethe limitations established in the financial services sector V. Commercial

I

i

--p

V. Comrrercial

presencein terms of presenceunbound

Article 17(2)(f) unboundfor corporateentities where the Singapore

Government IS the

for corporate entities where the Singapore Government is the majority shareholder or has a special

I

I

majority shareholder share. The term

or has a spec~al share. The term 'special share' whether created by a corporateentity's articles of association, or by domestic law or administrative 'special share' whether created by I a corporate entity's articles of association, or by domestic law or administrative action, includes a paid-up share or

1

l

1

I

I -_I 1 -


Cross-border supply 3) Commercial presence Limitationson

market access action, includes a paid-up share or any other share (whether ordinary,

2) Consumption abroad 4) Presence of natural persons

Sectors

Limitationson nationaltreatment any other share (whether ordinary, equity or otherwise) and any share that Additional commitments

equity or otherwise) has special voting

and any share that has special voting or veto rights in respect of or entitles the holder to give or withhold consent or object to: (i) the disposal of the whole or substantial part of the corporate entity's undertaking; (ii) the acquisition by any person of any specified percentage of the issued share capital of the corporate entity; (iii) the appointment of the board of directors, management andlor executive staff

or veto rights in respect of or entitles the holder to give or withhold consent or object to: (i) the disposal of the whole or substantial part of the corporate entity's undertaking; (ii) the acquisition by any person

I

of any s~ecified percentage of the issued

share capital of the corporate entity; (iii)the appointment of the board of directors, management andlor executive staff of the corporate entity;

I

1

,

1

I

of the corporate (iv)the winding up

entity; (iv) the winding up or dissolution of the corporate

or dissolution of the corporate entity; or

(v) any change to -i--


Modes of supply:

1) Cross-border supply 3) Commercial presence Limitationson

market access entity; or (v) any change to the memorandum of association andlor articles of association of a corporate entity relating to the issue, ownership, transfer, cancellation and acquisition of shares of the corporate entity, appointment and dismissal of the board of directors, management andlor executive staff of the corporate entity.

2) Consumptionabroad 4) Presence of natural persons

Sectors

Limitationson national treatment the memorandum of association andlor articles of association of a corporate entity relating to the issue, ownership, transfer, cancellation and acquisition of shares of the corporate entity, appointment and dismissal of the board of directors, management andlor executive staff of the corporate entity. Additional commitments


Modes of supply:

Sectors

1) Cross-border supply 3) Commercial presence Limitationson market access

2) 4) Presenceof natural persons Limitationson

nationaltreatment

Additional commitments

Sector Specific Commitments

1. BUSINESS SERVICES

A. Professional services Accounting and auditing services, except for financial auditing services (8621 **)

1

2) None 3) None 4) Unbound except as indicated in the horizontal section /

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

I

services

1 (86211)

I

auditing l) 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

Taxationservices

except for other tax-related 1

2) None

/ I I 2) None


Modes of supply:

Sectors services (863 **)

1) Cross-border supply 3) Commercial presence Limitationson market access

2) Consumption abroad 4) Presenceof natural persons

Limitationson nationaltreatment Additional commitments

l

Other tax-related services (86309)

Architectural services (8671)

1

3) None 4) Unbound except as indicated in the horizontal section 1) None, other than public accountants must be effectively resident in Singapore or at least one of the partners of the firm must be effectively resident in Singapore. Only public accountants registered with the Public Accounts Board Singapore can practise as tax consultants for local tax laws. 2) None 3) As in mode l 4) Unbound except as indicated in the horizontal section 1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section

3) None 4) Unbound

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

1

1 -.


Modes of supply:

Sectors Engineering services and integrated engineering services Only : a) civil engineering services b) production engineering services mechanical engineering services electrical engineering services electronic engineering services aeronautical engineering services marine engineering services naval architectural engineering services industrial engineering services chemical engineering services

1)Cross-border supply 3) Commercial presence Limitationson market access 1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section

2) Consumption abroad

4) Presenceof natural persons

1

Limitationson nationaltreatment 1) None except that the implementation in Singapore (for example submission to the authorities and construction) has to be carried out by a professional engineer physically present in Singapore 2) None 3) None 4) Unbound Additional commitments

l

I I

l


Modes of supply:

Sectors 1

1) Cross-border supply 3) Commercial presence Limitationson market access

2) Consumption abroad 4) Presence of natural persons

Limitationson nationaltreatment Additional commitments

Landscaping services (86742 **)

Medical services (9312)

Dental services (93123)

1

1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section 1) Unbound 2) None 3) None, other than the numberof new foreign doctors registered each year may be limited depending on the total supply of doctors 4) Unbound except as indicated in the horizontal section IjNone 2) None 3) None

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

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

/

I

1

I

1

i

I

I 4) Unbound except

I as

/

I

1

indicated in the

horizontal section 1) None 2) None

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

/ I Veterinary ;t3;;ces -1) None 2) None 1 1 I 1

-- -


of supply:

Sectors

1) Cross-border supply 3) Commercial presence Limitationson market access

2) Consumption abroad 4) Presenceof natural persons

Limitationson nationaltreatment Additional commitments

Services provided by midwives, nurses, physiotherapists and para-medical personnel (93191 **)

3) None 4) Unbound except as indicated in the horizontal section 1) Unbound 2) None 3) None 4) Unbound except as indicated in the horizontal section

3) None 4) Unbound

1

1 l ) None 2) None 3) None 4) Unbound I I

I

B. Computer and related services Consultancy services related to the installation of computer hardware (84' Software implementation services (842) Data processing services (843) Database services (844)

1) None 2) None 3) None 4) Unbound as indicated in the horizontal section 1) None 2) None 3) None 4) Unbound


Modes of supply:

Sectors computer services (845 & 849)

1) Cross-border supply 3) Commercial presence Limitationson market access

2) Consumption abroad 4) Presenceof natural persons

1

Limitationson national treatment I

I I

Additional commitments

--I

1

C. Research and Development services R&D services for natural sciences and engineering

l 1

l (851 **)

1

social sciences and humanities for projects undertaken by tertiary institutions R&D services in economic and behavioural research (852 **)

1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section l) None 2) None 3) None 4) Unbound except as indicated in the horizontal section

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

----

I

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

-I

I

I

-

R&D services for projects undertaken by education institutions

2) None 3) None 4) Unbound except

l ) None 2) None 3) None 4) Unbound

!

L. --.-.-


Modes of supply:

Sectors R&D services in environmental sciences (853 **) D. Real estate services Real estate services, including real estate appraisal services of all types of properties (ie land and buildings), other than State properties (821** & 822**)

l ) Cross-border supply 3) Commercial presence Limitations on market access as indicated in the horizontal section

2) Consumption abroad 4) Presence of natural persons

l

Limitations on national treatment Additional commitments

l)None 2) None 1) None 2) None 1-

3) None except that 3) None except that

unbound for the foreign ownership unbound for the purchase of land for

and development of the development of

private landed residential property and residential property in a building of less than 6 levels 4) Unbound except as indicated in the horizontal section residential housing

E. Rental1 Leasing services without operators Leasing or rental services without operators relating to ships (83103)

-

1) None 2) None 3) None 1) None 2) None 3) None


Modes of supply:

Sectors

/ng

1

or rental

services without operators relating to aircraft (83104)

1) Cross-border supply 3) Commercial presence Limitationson market access 4) Unbound except as indicated in the horizontal section 1) None 2) None

3) None 4) Unbound except as indicated in the horizontal section 1) None except that the rental of motor vehicles by Singaporeans with

2) Consumption abroad 4) Presence of natural persons I I

1I

I

1

Limitationson nationaltreatment 4) Unbound 1 Additional commitments

l ) None 2) None

Leasing or rental services without operators relating to motor vehicles (831 **)

1 3, None 4) Unbound

vehicles by Singaporears with

the intent to use the the intent to use the

vehicles in Singapore is prohibited vehicles in Singapore is prohibited

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

I 1

F. Other business services Advertising services (8711,8712,8719)

1) None 2) None

/

I

2) None

I-1 1

3) None -- 3)None I p--

-l


Modes of supply:

Sectors

1) Cross-border supply 3) Commercial presence Limitationson market access

2) Consumption abroad 4) Presenceof natural persons

Limitationson nationaltreatment Additional commitments

4) Unbound 4) Unbound

/Market research

and public opinion polling services (864)

Management consulting services, including office management and administrative services (865)

except as indicated in the horizontal section 1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section l ) None 2) None 3) None 4) Unbound except as indicated in the horizontal sectioh

I

I 1

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

l)None 2) None 3) None 4) Unbound

Services related to management consulting (866)

1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section

1) None

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

I

1 Technical testing


Modes of supply:

Sectors and analysis services, excluding testing and analysis services of motor vehicles and classification societies (8676 **) Testing and analysis services of motor vehicles (8676 **)

1)Cross-border supply 3) Commercial presence Limitations on market access 2) None 3) None 4) Unbound except as indicated in the horizontal section

2) Consumption abroad 4) Presenceof natural persons

Limitations on nationaltreatment 2) None 3) None 4) Unbound Additional commitments

Services incidental to agriculture, hunting, forestry and fishing, excluding: a) services of farm labour contractors; b) firefighting; c) forest services including forest damage services; and d) logging related services but including consultancy services for forest

1) Unbound* 2) None 3) None 4) Unbound except as indicated in the horizontal section 1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section

2) None 3) None 4) Unbound

i

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


Sectors service including forest damage services, and logging related services ( 881**, 882 **) Services incidental to manufacturing (884 & 885, except 88442)

l ) Cross-border supply 3) Commercial presence Limitationson market access

2) Consumption abroad 4) Presenceof natural persons

1

Limitationson nationaltreatment 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

1 I

I I

3) None

-.-p

l1 2, None 3) None i I

4) Unbound except 14) Unbound as indicated in the horizontal section

1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section 1) None 2) None -

Security consultation services (87302)

Alarm monitoring services (87303)

1

1 1

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

I

i

1) None 2) None


Modes of supply:

Sectors

l) Cross-border supply 3) Commercial presence Limitationson market access

2) Consumption abroad 4) Presenceof natural persons

Limitationson nationaltreatment Additional commitments

4) Unbound except as indicated in the horizontal section Horizontal limitations on market access and national treatment All commitments are subject to the Private Investigation and Security Agencies Act (PISA). The Act stipulates that:

e

e

I

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


Modes of supply:

1) Cross-border supply 3) Commercial presence Limitationson market access conviction from their country of origin or a statutory declaration before a local commissioner of oaths.

e

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

2) Consumpt~onabroad 4) Presenceof natural persons

Limitationson

I

Additional

1

nationaltreatment

! commitments

-services (86752,86753,

1

1) Unbound* 2) None 3) None 4) Unbound except as indicated in ttie horizontal section 1) Unbound* 2) None 3) None 4) Unbound except as indicated in the horizontal section

3) None 4) Unbound

I 1) Unbound* I

-4

I /

2) None 3) None except: Limited Corporations Surveying work in Singapore where certification is required and not for

the service -

1 I

I

---L - -


Modes of supply:

1) Cross-bordersupply 3) Commercial presence Limitations on market access

2) Consumption abroad 4) Presence of natural persons

Limitations on national treatment supplier's exclusive use will be under the control and management of a director of the corporation who (a) is a registered surveyor ordinarily resident in Singapore; (b) has a valid practising certificate; and (c) is a registered owner of at least one share of the corporation. Unlimited Corporations The businessof the corporation, so far as it relatesto 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 corporationwho (a) is a registered surveyor ordinarily resident In Singapore; (b) has in force a practising certificate authorisinghim or her to engage in the practice of Additional commitments


Modes of supply:

Sectors

1) Cross-border supply 3) Commercial presence Limitationson market access

2) Consumption abroad 4) Presenceof natural persons

Limitationson nationaltreatment 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 managemerzt of a partner who (a) is a registered surveyor; (b) is ordinarily resident in Singapore; and (c) has a valid practising certificate. 14) Unbound I Additional commitments

I

I I

I I

p--

Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment) (633, 8861-8866 **) p i n g cleaning

1) None 2) None 3) None

- p z - -

1

2) None

! 3) None

4) Unbou~dexcept 14) Unbound

as indicated in the horizontal section 1 1

l

I

I 1) Unbound* i

-p --

1) Unbound*


Modes of supply:

l

1) Cross-border supply 3) Commercial presence Limitationson market access

2) Consumption abroad 4) Presenceof natural persons

Limitationson nationaltreatment Additional commitments

Sectors services (874)

1

photographicservices (875)

services (876)

Convention and exhibition management services (87909 **)

Translation and interpretation

2) None 3) None 4) Unbound except as indicated in the horizontal section 1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section 1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section 1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section 1) None

2) None

1 3, None 4) Unbound

l ) None 2) None 3) None 4) Unbound

3) None 4) Unbound

2) None 3) None 4) Unbound

l ) None I

1


Modes of supply:

Sectors services (87905 **)

1

Interior design services (87907 **)

1) Cross-border supply 3) Commercial presence Limitationson market access 2) None 3) None 4) Unbound except as indicated in the horizontal section 1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section

2) Consumption abroad 4) Presenceof natural persons

Limitationson nationaltreatment 2) None 3) None 4) Unbound Additional commitments

--

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

2. COMMUNICATION SERVICES

B. Courier services Courier services in respect of documents and parcels, including express letters (*) (7512) (*) Express letter service means either s local or an international express letter service or both. This service is

1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section 1) None 2) None 3) None 4) Unbound


Modes of supply:

Sectors administered under the Telecommunications (Class License for Postal Services) Regulations 1997. Express letters must be delivered and received in the same working day, and charges must be more than S$1 per item or 3 times Singapore Post's postage for a 20 gram ordinary letter, whichever is higher. An international express letter must be delivered faster than Singapore Post's published delivery standards for airmail letters and mr~sthave a price which is at least 3 times higher than Singapore Post's ordinary 20 gram airmail letter rate to the same country of destination. Incoming international express letters must be delivered

by the same --v

1) Cross-border supply 3) Commercial presence Limitations on market access

2) Consumption abroad 4) Presenceof natural persons

Limitations on nationaltreatment Additional commitments


Modes of supply:

1 Sectors working day.

1) Cross-border supply .3)Commercial presence Limitationson market access

2) Consumption abroad 4) Presenceof natural persons

Limitationson nationaltreatment Additional commitments

C. Telecommunication services

Telecommunication services The numberof licencesgrantedwill be limited only by physical constraints such as the availability of frequency spectrumi5 and land.

a

This excludes services licensed and regulated under the Singapore Broadcasting Authority Act. --

Operators (FB0)16 a) FBO designated as Public Telecommunication Licensee (PTL)" b) Terrestrial telecommunication netw~rks'~for telecommunication purposes;

-

1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section

1

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

I I

IS

including: submarine In view of spectrum constraints, parties interested in deploying networks based on wireless

technology will be licensed via a tender andlor auction process. networks, systems and facilities to offer telecommunication switching, transmission capacity and services to existing licensed telecommunication operators, businesses and consumers. applications by FBOs to oe designated as PTLs if the FBO commits to substant~alinfrastructure Investment and rollout to offer services to a significant proportion of the population within a reasonable t~n?eperiod. In return, a PTL's network installation process and the maintenance and protectiofi of their networks receive special consideration under the Telecommunications Act of 1999.

l6 Facilit~es-basedoperators are operators that intend to deploy any form of telecommunication

l' The Info-Communications Development Authority of Singapore (iDA) will consider favourably

18 These networks can have international,nationwidelocal or selected local coverage.


-

Sectors cable (includes establishment of frontier stations, backhaul and sale of lndefeasible Rights of Use); satellite international gateways; and domestic telecommunication networks (including core backboneand local access networks).

1)Cross-bordersupply 3) Commercial presence Limitations on market access

2) Consumption abroad 4) Presence of natural persons

Limitations on nationaltreatment Additional commitments

c) public cellular mobile telephone services (PCMTS) d) public radio paging services (PRPS) e) public mobile data services (PMDS) f) public trunked radio services (PTRS) g) terrestrial telecommunication networks for

-broadcasting


Modes of supply:

Sectors

1) Cross-border supply 3) Commercial presence Limitationson market access

2) Consumption abroad 4) Presenceof natural persons

Limitationson nationaltreatment Additional commitments ,

I

h) satellite uplinkldownlink for broadcasting purposes Services-Based Operators (SBO)I9: Individually licensed services resale of leased circuit services virtual private network (VPN) services managed data network services internet access services internet exchange services store & forward (�&F) value-added network services live audiotex services

19

1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section 1) None 2) None 3) None 4) Unbound

I

l I I

i

Services-based operators are operators who lease telecommunications network elements (i.e.

transmission capacity, switching services, ducts, fibre, etc.) from FBO licensees to provide telecommunication services to third parties or who resell the telecommunications services of FBOs.


Modes of supply:

Sectors b) Classlicensed2'

-

1) Cross-bordersupply 3) Commercial presence Limitations on market access

2) Consumption abroad 4) Presenceof natural persons

Limitations on national treatment Additional commitments

-

D.

services callback andlor call reorigination services internet based voice andlor data services international calling card services (ICC) audiotex services resale of public switched telecommunication services (PSTS) store & retrieve (S&R) value-added network services Audiovisual

services Promotion or advertising services for

2) None 2) None

20 Under the class licensing scheme, the licence terms and conditions are gazetted. Anyone who

provides the services will be deemed to have read and agreed to the terms avd conditions of the class licence. They will also be required to register with iDA.


Modes of supply:

Sectors and video production and distribution (96111)

1) Cross-border supply 3) Commercial presence Limitations on market access 3) None

2) Consumption abroad 4) Presenceof natural persons

Limitations on national treatment 3) None

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

1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section 1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section

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

I i

Additional commitments

- 1

Motion picture and video production (96112) Motion pictures and video distribution (96113) Motion picture projection services (9612)

I

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

3. CONSTRUCTION AND RELATED ENGINEERING SERVICES

at construction


Modes of supply:

Sectors

1)Cross-border supply 3) Commercial presence Limitations on market access 4) Unbound except as indicated in the

2) Consumption abroad 4) Presenceof natural persons

Limitations on nationaltreatment 4) Unbound Additional commitments

Construction work horizontal section for civil engineering (513) Assembly and erection of prefabricated constructions (514) Specialtrade construction work

Installationwork (516) Building completion and finishing work (517) Rentingservices relatedto equipment for construction or demolition of buildings or civil engineering works, with operator (518) 4. DISTRIBUTION SERVICES


Sectors pharmaceutical goods and medical goods (62117 **)

1)Cross-border supply 3) Commercial presence Limitations on marketaccess treatment Unless otherwise specified, distributionservices of any product subject to import prohibition or nonautomatic import licensingshall be excluded from the scope of these commitments.

2) Consumption abroad 4) Presenceof natural persons 7

Limitations on national treatment

I

Additional commitments

4) Unboundexcept as indicated in the horizontal section 4) Unbound

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

2) None 3) None 4) Unbound except as indicated in the horizontal section

2) None

i 3) I None I I

4) Unbound

-- I

l ) Unbound 2) None 3) None 4)Unboundexcept as indicated in the

Sale on a fee or contract basis of pharmaceutical goods and medical goods intended for the Singapore market

----p-

/

1

p----

--

l ) Unbound 2) None 3) None 4)Unbound

I

l

I

l I__


Modesof supply:

Sectors (62117 **) Wholesale trade services except for pharmaceutical goods and medical goods and surgical and orthopaedic instruments (622 **)

Wholesale trade of pharmaceutical and medical goods and surgical and orthopaedic instruments (62251 & 62252)

Retailing services except for:

1) Cross-border supply 3) Commercialpresence Limitationson marketaccess horizontal section Horizontal limitation on marketaccess and national treatment Unlessotherwise specified, distribution services of any product subject to import prohibition or nonautomatic import licensing shall be excludedfrom the scope of these commitments. 1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section 1) Unbound 2) None 3) None 4) Unbound except as indicated in the horizontal section Horizontal limitation on market access

2) Consumption abroad 4) Presence of natural persons

i

Limitationson nationaltreatment Additional commitments

l ) None 2) None 3) None 4) Unbound

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


of supply:

Sectors

1) Cross-border supply 3) Commercial presence Limitationson market access and national

2) Consumption abroad 4) Presenceof natural persons l

Limitationson nationaltreatment Additional commitments

beverages and treatment

tobacco b) pharmaceutical goods and medical goods c) sale of motor vehicles (632 **)

I l

Unless otherwise specified, distribution services of any product subject to import prohibition or nonautomatic import licensing shall be excluded from the scope of these commitments. 1) Unbound

/

1 I

l ) Unbound

l

1 pharmacy services (63211)

3, None 4)Unboundexcept as indicated in the horizontal section l) Unbound

3) None 4)Unbound

I 1) l

I

1

Unbound

--I---

1

-

1

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

3) None

' 4) Unbound

Sale of motor vehicles Only: Wholesale trade services of motor vehicles

----p

1

2) None 3) None 4) Unbound except

/

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

i

- ------1


Modes of supply:

Sectors (61111) Retail sales of motor vehicles (61112) Sales of parts and accessories of motor vehicles (61130) Sales of motorcycles and snowmobiles and related parts and accessories (61210j Franchising services (8929 **)

1) Cross-border supply 3) Commercial presence Limitationson market access as indicated in the horizontal section

2) Consumption abroad 4) Presenceof natural persons

Limitationson nationaltreatment Additional commitments

2) None 2) None

I

4) Unbound except as indicated in the horizontal section Education services 4) Unbound

1 5. 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.

I~ec~da~I 1) I and None i 1) None

r--


Sectors services (92230,92240, 92310) Other higher education services (923900)

1) Cross-border supply 3) Commercial presence Limitationson market access

2) Consumption abroad 4) Presenceof natural persons '-1

Limitationson nationaltreatment Additional commitments

Tservices

4) Unbound except as indicated in the horizontal section 1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section ~ 2) None

4) Unbound

2) None 3) None 4) Unbound

e 2) None e

1

I

-

Short term training including English language courses (92900 **)

4) Unbound except as indicated in the horizontal section 1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section

6. ENVIRONMENTAL SERVICES Environmental

I

I 1) Unbound* I 1) Unbound* ----'


1) Cross-border supply 3) Commercial presence Limitations on market access

/

2) Consumption abroad 4) Presenceof natural persons

Limitations on national treatment I

i Additional commitments

services except: a) sewage services (9401) b) new environmental services (S4 **)

7.

HEALTH RELATED AND SOCIAL SERVICES

1 1

2) None 3) None 4) Unbound except as indicated in the horizontal section 2) None 3) None 4) Unbound

Other human health servicesambulance services (93192)

Acute care hospitals, nursing homes and convalescent hospitals as defined by the Private Hospitals and Medical Clinics Act, run on a commercial basis (93193 **) Social services delivered throuah

l ) Unbound * 2) None 3) Unbound 4) Unbound except as indicated in the horizontal section 1) Unbound* 2) None 3) None 4) Unbound except as indicated in the horizontal section

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

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

1) Unbound* l ) Unbound*


Modes of supply:

Sectors residential institutions to old persons and the handicapped (93311) Social services delivered through residential institutions to

1) Cross-border supply 3) Commercial presence Limitations on market access 2) None 3) None, except that the total

2) Consumption abroad 4) Presenceof natural persons

Limitations on nationaltreatment 2) None except that Singapore retains the discretion to determine whether

I

l

I

I

Additional commitments

i

number of facilities1 a non-resident

service operations run by non-profit service suppliers that are partially State-funded is

children and other limited to the

clients (93312 **) Statutory supervision services as listed in Appendix 1are excluded from the scope of these commitments Child day-care services including day-careservices for the handicapped (93321) Vocational rehabilitation services (93324) Statutory supervision as listed in Appendix 1are excluded from the srnne nf these

quantity determined by a master plan of State-funded social services in Sirlgapore 4) U-~boundexcept as indicated In the horizontal section

1

1 I

1

service supplier may solicit business or conduct active marketing in Singapore 3) None 4) Unbound

I

I

I

Ii I

i

I

1) Unbound *) 3) None, except that the total

-

number of facilities1 service operations run by non-profit service suppliers that are partially State-funded is limited to the quantity determined by a master plan of State-funded social services in Singapore

1) Unbound 2) None except that Singapore retains the discretion to determine whether a non-resident service supplier may solicit business or conduct active marketing in Singapore 3) None

,

1

i I

I

l


r Modes of supply:

Sectors commitments

Guidance and counselling services not elsewhere classified related to children (93322)

1) Cross-border supply 3) Commercial presence Limitationson market access 4) Unbound except as indicated in the horizontal section

I I

1

1) Unbound 2) None 3) None, except that the total number of facilities1 service operations run by non-profit service suppliers that are partially state-funded is limited to the quantity determined by a master plan of State-funded social services in Singapore 4) Unbound except as indicated in the horizontal section -ljUnbound 2) None 3) None, except that the total

1

2) Consumption abroad 4) Presence of natural persons

Limitationson nationaltreatment Additional commitments

1 1

1

4) Unbound

I

1 Welfare services

not delivered through residential institutions (93323)

1) Unbound 2) None except that Singapore retains the discretion to determine whether a non-resident service supplier may solicit business or conduct active marketing in Singapore 3) None 4) Unbound

1) Unbound 2) None except that Singapore retains the discretion to determine whether

number of facilities1 a non-resident

service operations run by non-profit service suppliers that are partially State-funded is limited to the service supplier may solicit business or conduct active marketing in Singapore

i


Modes of supply:

l ) Cross-border supply 3) Commercial presence Limitationson

market access quantity determined by a master plan of State-funded social

I

I

2) Consumption abroad 4) Presenceof natural persons

Sectors

Limitationson nationaltreatment 3) None Additional commitments

i

i

Other social services without accommodation, except for statutory supervision services, as listed in Appendix 1 (93329 **)

4) Unbound except as indicated in the horizontal section 1) Unbound 2) None 3) None, except that the total

i 4, 1 UnbOund

1) Unbound 2) None except that Singapore retains the discretion to determine whether

number of facilities1 a non-resident

service operations run by non-profit service suppliers that are partially State-funded is limited to the quantity determined by a master plan of State-funded social services in Singapore 4) Unbound except I as indicated i~ the horizontal section service supplier may solicit business or conduct active marketing in Singapore 3) None 4) Unbound

8. TOURISM AND TRAVEL RELATED SERVICES Hotel and other lodging services

-

1) Unbound * l ) None

L

r---

- --

-


Modes of supply:

Sectors

(641)

1) Cross-border supply 3) Commercial presence Limitationson market access 2) None

2) Consumption abroad 4) Presence of natural persons --1

i

Limitationson nationaltreatment 2) None Additional commitments

I

l

Food serving services, except for meal serving facilities in selfservice facilities (642 **)

4) Unbound except as indicated in the horizontal section 1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section

4) Unbound

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

i

tour operators services (7471)

!

1) None 2) None 3) None 4) Unbound except as indicated in the horizontal section 1) None 2) None 3) None 4) Unbound except as indicated in the horizontal sect~on

/

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

I

i I

I

I

1

l ) Unbound * 2) None 3) None 4) Unbound

l

Tourist guide services (7472)

l 1


Modes of supply:

Sectors

1) Cross-border supply 3) Commercial presence Limitationson market access

2) Consumption abroad 4) Presence of natural persons

Limitationson nationaltreatment Additional commitments

10. RECREATIONAL, CULTURAL AND SPORTING SERVICES Entertainment services

1) None

(including theatre, 2) None live bands &

circus services) (9619)

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

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

2) None

l

/

I

Archive services except for services specified under the National Heritage Board Act

Parks except for national parks, nature reserves

None 4) Unbound except as indicated in the horizontal section 1) None 2) None 3) None 4) Unbound except as indicated in the hor~zontalsection 1)None 2) None

2) None 3) None 4) Unbound

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

I

1) None 2) None


Modes of supply:

Sectors and parklands as defined under the National Parks Act (9633 **)

l ) Cross-border supply 3) Commercial presence Limitations on market access

2) Consumption abroad 4) Presence of natural persons

Limitations on national treatment Additional commitments

1

Sports and recreational services, except gambling and betting services (964 **)

3) None 4) Unbound except as indicated in the horizontal section 1) Unbound * 2) None 3) None 4) Unbound except as indicated in the horizontal section

3) None 4) Unbound

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

I - I

1

ll.TRANSPORT SERVICES A. Maritime transport Services International transport of freight and passengers (excluding cabotage) (7211 **, 7212 **)

-I-

Maritime transport services No commitments on apples, pears, kiwifruit, dairy products and hops.

1) None 2) None 3) None except on the establishment of a registered company for the purpose of operating a fleet under the Singapore flag 4) Unbound except as indicated in the 1 1) None 2) None 3) None except on the establishment of a registered company for the purpose of operating a fleet under the Singapore flag 4) Unbound 1

I


r Modes of supply:

Sectors

Ship agency services (748 **) Space brokerage services for all maritime transport (748 **) International towage (7214 **)

l ) Cross-border supply 3) Commercial presence Limitationson market access horizontal section; unbound for intracorporate transfers of ships' crews l) None 2) None 3) None 4) Unbound except as indicated in the horizontal section 1) None

1

2) None 33 None 4) Unbound except as indicated in the horizontal section /

2) Consumption 4) Presenceof natural persons

Limitationson nationaltreatment Additional commitments

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

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

Il

I Other maritime auxiliary services

I

I

l

In accordance with the decisions made at the WTO Negotiating Group on Maritime Transport Services. where the following services are not otherwise covered by the abligation enshrined in Article XXVlll (c)jii) of the GATS, they will be made available to international tranwrt--


Modes of supply:

Sectors

1) Cross-border supply 3) Commercial presence Limitationson market access

2) Consumption abroad 4) Presenceof natural persons

Limitationson nationaltreatment

Additional commitments operators on reasonable and non-discriminatory terms and conditions: - towing and tug assistance; fuelling and watering; and ballast; waste disposal; - port captain's services; - emergency repair facilities; - other shore-based operational services essential to ship operations, including communications, water and electricas

pilotage;

provisioning,

- garbage collection

navigat~onaids;

anchorage, and

l

I

I

I suppliers.

1 Air transport services No commitments on apples, pears, kiwifruit, dairy products and hops.

1)None 2) None 3) Unbound

-/1)~one 2) None

1 I 3) Unbound

----l -7 I

I

C. Air transport Services

I

1

1

b g and

marketing of air transport services


Sectors

supply 3) Commercial presence Limitations on market access as indicated in the hor~zontalsection

2) Consumption abroad 4) Presence of natural persons

Limitations on nationaltreatment

i Additional commitments

I

I

F. Roadtransport services Rental services of cars with operators (7'l222) Rental services of buses and coaches with operators (71223) Rental services of commercial freight vehicles with operators (71240) Freight transportation of: a) refrigerated goods (71231) b) liquids or gases (71232)

I l ) Unbound * I

1

l

l

2) None 3) None 4) Unbound except as indicated in the horizontal section

I 2) None

3) None 4) Unbound

I

l

I

i

/

3) None 4) Unbound except as indicated in the horizontal section I

I c)

1

containerised freight (71233)

Ld) furniture 71234) ----p-I


of supply:

Sectors

1) Cross-border supply 3) Commercial presence Limitationson market access 1) None 2) None 3) None 4) Unbound as indicated in the horizontal section 1) None 2) None 3) None 4) Unbound as indicated in the horizontal section

2) Consumption abroad 4) Presenceof natural persons

1 -1

I

Limitationson nationaltreatment 1) None 2) None 3) None 4) Unbound Additional commitments

Maintenance and repair services of motor vehicles (61120) Maintenance and repair services of parts of motor vehicles (88 **) Parking services (74430)

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

I

H. Services auxiliary to all modes of transport Storage aid warehousing services, including container station and depot services (742)

Services auxiliary to all modes of transport No commitments on apples, pears, kiwifruit, dairy products and hops.

3) Unbound except storage and 3) Unbound except storage and

warehouse services warehouse services

for maritime and land modes of transport

for maritime and land modes of transport Unbound

I as indicated in the


Modes of supply:

Sectors

1) Cross-border supply 3) Commercial presence Limitationson market access

2) Consumption abroad 4) Presence of natural persons

Limitationson nationaltreatment Additional commitments

Freight forwarding 1) None services for all modes of 2) None 1) None 2) None i

as indicated in the horizontal section


of supply:

Sectors Financial services

1) Cross-border supply 3) Commercial presence Limitationson market access

I

.

2) Consumption abroad 4) Presenceof natural persons

Limitationson nationaltreatment Additional commitments

I

-

Financial services All the commitments in this schedule are subject to horizontal commitments in Singapore's schedule of specific commitments under this Agreement. All the commitments in this schedule are also subject to entry requirements, domestic laws, guidelines, rules and regulations, terms and conditions of the Monetary Authority of Singapore (MAS) or any other relevant authority or body in Singapore, as the case may be, which are consistent with Articles 21, 15 and 81 of this Agreement. The commitments in this schedule do not apply to new financial services as defined in Article 16(s) of this Agreement.

A. Insurance and insurancerelated services a) Life insurance services including annuity, disability income, accident and health insurance services b) Non-life insurance services including disability income, accident and health insurance and contracts of fidelity bonds, performance bonds or similar

l ) Unbound 2) None 3) None 4) Unboundexcept as indicated in the horizontal section 1)Unbound 2) None except for compuisory insuranceof Motor Third Party Liability and Workmen's Compensationwhich can be purchased onlyfrom licensed insurancecompanies in Singapore

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

I

!

I

1

!

!

I

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


Modesof supply:

Sectors contracts of guarantee

7 ) Cross-bordersupply 3) Commercial presence Limitationson market access

2)Consumptionabroad 4) Presenceof natural persons

Limitationson nationaltreatment Additional commitments

c) Reinsurance and retrocession

d) Insurance intermediation comprising braking and agency sewices

3) None 4) Unbound except as indicatedinthe horizontal section 1) None 2) None 3) Representative offices cannot conduct business or act as agents 4) Unbound except as indicated in the horizontal section 1) Unbound 2) Agents are not allowed to act for unregistered insurers. With the exception of reinsurancerisks and risks insured by protectionand indemnityclubs, brokers can only place domestic risks outside Singapore with the approval of MAS 3) None except

1) None 2) None 3) None

4) LJnbound

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


Modes of supply:

1) Cross-border supply 3) Commercial presence Limitationson

market access that direct and reinsurance brokers must be established as subsidiaries 4) 'Unbound except as ~ndicatedin the horizontal section 1) None 2) None 3) None

I1

I

2) Consumption abroad 4) Presence of natural persons

Sectors

e) Services auxiliaryto insurance comprising actuarial, loss adjustors, average adjustors and consultancy services B. Banking and other financial services a) Acceptance of deposits and other repayable funds from the public

Limitations on nationaltreatment Additional commitments

1

I I

l

l)None 2) None 3) None

4) Unboundexcept 4) Unbound as indicated in the horizontal section

L I

1) Unbound 2) None 3) Only institutions approved as banks, merchant banks and finance companies can accept deposits. Where a foreign financial institution is subject to legislation in its home country

1) Unbound 2) None 3) Commercial banks Foreign banks can operate from only ove office (excluding back-office operations). They cannot establish offpremise ATMs and

I ATM networking and

I

I 2


Modes of supply:

Sectors

1)Cross-border supply 3) Commercial presence Limitationson market access which requires that institution to confer lower priority to depositors of its foreign offices visa-vis the home country depositors in receivership or winding-up proceedings, the MAS may exercise appropriate differentiated measures against that foreign financial institution in Singapore to safeguard the interest of the Singapore office's depositors. Establishment and operation of foreign banks, merchant. banks and finance companies are also subject to the limitationslisted under activities B(a) to B(I) and the

2) Consumption abroad 4) Presence of natural persons

Limitationson nationaltreatment new sub-branches. Unbound for provision of all electronic banking services. Location of banks and relocationof banks and subbranches require prior approval from MAS. Restricted banks can only accept foreign currency fixed deposits from and operate current accounts for residents and non-residents. For Singapore dollar deposits, they can only accept fixed deposits of S$250,000 or more per deposit. Offshore barks can accept foreign currencyfixed deposits from residents and non-residents. For Additional commitments

following limitations: Singapore dollar

Commercial Banks No newfull and restrictedbanks. New foreign banks may only estaolish as offshore bank branches or representative offices. deposits, they can only accept fixed deposits of S$250,000or more per deposit from nonresidents. Merchant Banks Merchant banks can operate from only


Modes of supply:

1) Cross-bordersupply 3) Commercial presence

Limitationson market access Representative offices cannot conduct business or act as agents. Banks, with MAS' approval, can operate foreign currency savings accounts only for non-residents. A singlelrelated group of foreign shareholders can only hold up to 1 1

2) Consumption abroad 4) Presence of natural persons

-

Sectors

Limitationson nationaltreatment one office (excluding backoffice operations). Location and relocation of merchant banks require MAS' prior approval. Merchant banks can, with MAS' authorisation, raise foreign currency funds from residents and non-residents, Additional commitments

5 per cent of a local operate foreign

bank's shares. Merchant banks Foreign banks and merchant banks may establish as merchant bank subsidiariesor merchant bank branches. Financecompanies No new finance companies. The limit on aggregate foreign ownership of each domestic finance company shall not exceed 20 per cent. Dealing in foreign currencies,gold or other precious metals, and acquiring foreign currency stocks, shares, or currency savings accounts for nonresidents and raise Singapore dollar funds from their shareholders and companies controlled by their shareholders, banks, other merchant banks and finance companies. Finance companies Location of finance companies and relocationof subbranches require MAS' prior approval. Foreign-owned finance companies cannot establish off-premise ATMs. ATM networkingand new sub-branches.

, ,

I I

I

1


Modes of supply:

Sectors

b) Lending of all

types including consumer credit, mortgage credit, factoring and financing of commercial transaction

1) Cross-border supply 3) Commercial presence Limitationson market access debtlconvertible securities is subject to MAS' approval under the Finance Companies Act. 4) Unbound except as indicated in the horizontal section 1) Unbound 2) None 3) a) Other than inhouse credit cards, credit and charge cards may be issued by card issuersapproved by MAS subjectto MAS' guidelines. b) Singapore dollar loans by local and foreign-owned financ~al institut~ons,to non-residents, nonresident controlled companies and to residents for use outside Singapore require MAS' prior approval. 4) Unbound except

as indicated in the I

I

2) Consumption abroad 4) Presenceof natural persons

Limitationson nationaltreatment 4) Unbound

1 Additional commitments 1 I

I

i i

1

l ) None 2) None 3) Each offshore bank's lending in Singapore dollars to residents shall not exceed S$500m in aggregate. Offshore banks should not use their related merchant banks to circumvent the S$500m lending limit. Unbound for establishment of offpremise cash dispensing machines for credit and charge cards.

1 1

i

I

i 1

4) Unbound

..

4

_--.

I l ----p 1) None

L leasing


Modes of supply:

Sectors

d) Payment and money transmission services, including credit, charge and debit cards, travellers chequesand bankers' drafts

1) Cross-border supply 3) Commercial presence Limitationson market access 2) None 3) None except as indicated for activity B(b) above 4) Unboundexcept as indicated in the horizontal section 1) Unbound 2) None 3) Remittance shops, except where the remittance business is conducted by banks and merchant banks, are required to be majority-owned by Singapore citizens. Bankers' drafts can only be issued by banks. Multi-purpose stored value cards can only be issued by a bank in Singapore licensed by MAS. The limitations indicated in B(b)(3) above also apply to the activities listed in B(d). 4 ) 'Jnbound except

2) Consumption abroad 4) Presence of natural persons Limitationson

nationaltreatment 2) None 3) None except as indicatedfor activity B(b) above 4) Unbound commitments

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


Sectors

1) Cross-border supply 3) Commercial presence Limitationson market access

2) Consumption abroad 4) Presenceof natural persons

Limitationson nationaltreatment Additional commitments

horizontal section

Guarantees and commitments

1) None except for the limitations indicated in activity A(b) for insurance companies providing contracts of fidelity bonds, performancebonds or similar contracts of guarantee

2) None 3) None 4) Unbound

3) None except for the limitations indicated in activity A(b) for insurance companies providing contracts of fidelity bonds, performance bonds or similar contracts of guarantee, and B(b)(3)(b) above 4) Unbound except as indicated in the horizontal section


Modes of supply:

f)

Sectors Trading for own account or for account of customers, whether on an exchange, in an

1) Cross-border supply 3) Commercial presence Limitations on market access 1) Unbound except for trading in products listed in B(f) for own account. Trading in money market instruments,

2) Consumption abroad 4) Presence of natural persons

Limitations on national treatment 1) None 2) None 3) None except as indicated for activity Additional commitments

over-the-~~~nter foreign exchange, as B(b) above.

market or otherwise, the following: money market instruments (including cheques, bills, certificates of deposit); foreign exchange; derivative products, including financial futures and options; exchange rate

well as exchange rate and interest rate 4) Unbound instruments can be conducted with financial institutions only 2) None 3) Banks and merchant banks are requiredto set up separate subsidiaries to trade financial futures for customers. Financial futures brokers can establish as

-

-

-

and interest rate branches or

instruments,

.

subsidiaries. The

including swaps offer of derivative and forward rate products involving

agreements; transferable securities; other negotiable the Singapore dollar is subject to the requirement indicated in

-

instruments and B(b)(3)(b).

financial assets, including bullion

Moneychangersy except where the moneychanging business is conducted by banks and merchant banks, are required to be majorityowned by Singapore citizens.

--l


Modes of supply:

Sectors

1) Cross-border supply 3) Commercial presence Limitationson market access

2) Consumption abroad 4) Presenceof natural persons

Limitationson nationaltreatment Additional commitments

4) Unbound except as indicated in the horizontalsection

g) Participation in l ) Unbound except 1) None

issues of all kinds of securities, including underwriting and placement asagentand provision of services related to such issues

for participation in issues of securities 2)

for own account, and underwriting and placement of securities through stockbroking companies, banks or merchant banks in 2) None 3) Singapore Exchange Limited (SGX) will admit new members from July 2000. Initially, new members will be able to trade directly in Singapore dollar denominated securities of Singaporeincorporated companies with resident investors for a minimum value of S$500,000. This limit would be 3) None except as indicated for activity B(b) above 4) Unbound

l.-.-


Modes of supply:

Sectors

1) Cross-border supply 3) Commercial presence Limitationson market access 4) Unbound except as indicated in the horizontal section

2) Consumption abroad 4) Presenceof natural persons

Limitations on nationaltreatment Additional commitments

!

g) Participation in 1) Unbound except 1) None

issues of all kinds of securities, including underwriting and placement as agent and provision of services related to such issues

for participation in issues of securities for own account, and underwriting and placement of securities through stockbroking companies, banks or merchant banks in Singapore 2) None 3) Singapore Exchange Limited (SGX) will admit new members from July 2000. Initially, new members will be able to trade. directly in Singapore dollar denominated securities of Singaporeincorporated companies with resident investors for a minimum value of S$500,000. This limit would be reduced to S$150,000 in July 2001. Representative 2) None 3) None except as indicated for activity B(b) above 4) Unbound


Modes of supply:

Sectors

1) Cross-border supply 3) Commercial presence Limitationson market access offices cannot conduct business or act as agents. For Singapore dollar denominated securities quoted on SGX, International Members can only deal with residents for transactions above S$500,000 each. Banks' and merchant banks' membership on SGX must be held through subsidiaries. Only banks licensed in Singapore can apply to become primary and registered dealers of Singapore Government Securities. 4) Unbound except as indicated in the horizontal section 1) Unbound 2) None 3) Unbound for new money brokers

2) Consumption abroad 4) Presence of natural persons

Limitationson nationaltreatment Additional commitments

h) Money broking

1) Unbound 2) None 3) None


Modes of supply:

Sectors

1) Cross-border supply 3) Commercial presence Limitationson market access

2) Consumption abroad 4) Presenceof natural persons

Limitationson nationaltreatment 4) Unbound Additional commitments

management, such as cash or portfolio management, all forms of collective investment management, pensionfund management, custodial, depository and trust services

4) Unbound except as indicated in the horizontal section 1)Unbound 2, 3) Asset management companies, custodial depositories, and trust services companies may only establish as branches, subsidiaries or joint-ventures. Only the Central Depository Pte Ltd is authorised to provide securities custodial depositoryservices underthe scripless trading system 4) Unbound except as indicated in the horizontal section

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

(j) Settlement and- 1) Unbound,

clearing services for financial assets, including securities. except for the provision of settlement and clearing services for financial assets which are listed on

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


Modes of supply:

Sectors derivative productsand other negotiable instruments

k) Advisory and other auxiliary financial services, including credit reference and analysis", investmentand portfolio research and advice, advice on acquisitions and on corporate restructuring

1) Cross-border supply 3) Commercial presence Limitationson market access overseas exchanges only 2) None 3) Settlement and clearing services for exchange traded securities and financial futures, and Singapore dollar chequesand interbankfunds transfer can only be provided by SGX or its subsidiaries and Banking Computer Services Pte Ltd. 4) Unboundexcept as indicated in the horizontal section 1) Commercial presence is required for provision of investment and ~orffolioresearch and advice to the public 2) None 3) Investment advisers may only establish as branches, subsidiaries,joint-

2) Consumption abroad 4) Presenceof natural persons

Limitations on nationaltreatment Additional commitments

1) None 2) None 3) None 4) unbound

--


Modes of supply:

Sectors and strategy

1)Cross-border supply 3) Commercial presence Limitationson market access ventures or representative

2) Consumption abroad 4) Presenceof natural persons

Limitationson nationaltreatment Additional commitments

*

including credit offices. rating agencies Representative offices cannot conduct business or act as agents. 4) Unboundexcept as indicated in the horizontal section

Provisionand transfer of financial information, and financial data processing and related sohare by providersof other financial services

1) Unbound except for the provision of financial informationby providers such as Reutersand Bloomberg. The Singapore branches of foreign I) 1) Nonefor the provision of financial information by providers such as Reuters and Bloomberg 2) None

banks can transmit 3) None data to their head

off~cesand sister branches for processing provided proper controls exist, the integrity and confidentiality of the datalinformation are safeguarded, and MAS is allowed on-site access to the datalinformation at the place where the datalinformation is 4) Unbound

-

1


Modes of supply:

Sectors

1) Cross-border supply 3) Commercial presence Limitationson market access processed. 2) Only the provision of financial informationby providers such as Reuters and Bloomberg is allowed. 3) The provision of financial information by providers, such as Reuters and Bloomberg, is allowed. The provision of financial data processing services to banks and merchant banks is subject to domestic laws on protection of confidentiality of information of customers of banks and merchant banks. 4) Unbound except as indicated in the horizontal section

2) Consumption abroad 4) Presence of natural persons

Limitationson nationaltreatment Additional commitments


APPENDlX1: TYPES OF SOCIAL SERVICES EXCLUDED FROM

SINGAPORE'S SCHEDULE OF COMMITMENTS

1

a)

bj

c)

d)

e)

2

a)

b)

Statutorv Supervision Services With Accommodation for the F o l l o w Tvpes of Clients (9331): women and girls detained in a place of safety under Section 160 of the Women's Charter (93312); children detained in a place of safety under Section 8 of the Children & Young Persons (CYP) Act (93312); children and young persons detained in a place of detention under Section 44 (1) (f) CYP Act, or on probation to an approved school2' under Section 44 (1) (g) of the CYP Act (93319); children and young persons admitted to an approved home for statutory supervision under Section 49 (ii) of CYP Act (93312); persons placed on probation with the requirement of residence in an appr~vedinstitution under Section 12 of the Probation of Offenders Act (93319). Statutorv Supervision Services Without Accommodation for the Followinq Tvpes of Clients (9332): children and young persons placed under supervision of an appointed welfare officer under Section 49 (i)of the CYP Act (93329); persons placed on probation without the requirement of residence in an approved institution under Section 5 of the Probation of Offenders Act (93329).

The term 'approved school' used in Section 44(1) (g) of the CYP Act denotes a remand home for young offenders, and not a mainstream educational institution. Young offenders are detained in an 'approved school' for rehabilitation rather than for formal education.


ANNEX 3

INVESTMENT LIMITATIONS

Introductory Note

1 Each Party has set out, pursuant to Article 32, the limitations established

by it that do not conform with obligations imposed by:

a) b) 2 a)

b)

Article 28 (most-favoured-nation status); and Article 29 (national treatment). Each limitation sets out the following elements: "Type of Limitation" specifies the obligation referred to in paragraph 1 for which a limitation is necessary; "Legal Citation'' identifies the laws, regulations or other measures which are relevant to the limitation. A measure cited in the legal citation element:

(i)

(ii)

means the measure as amended, continued or renewed as of the date of entry into force of this Agreement, and includes any subordinate measure adopted or maintained under the authority of and consistent with the measure;

c)

"Description" sets out the non-conforming aspects of the measures for which the limitation is necessary, or the basis on which the limitation is applied to a sector.


ANNEX 3.1 Limitations of New Zealand

A. Type of Limitation: Legal Citation:

All sectors National treatment (Article 29) FisheriesAct 1996 Overseas lnvestment Act 1973 Overseas lnvestment Act Regulations 1995 Overseas lnvestment Amendment Act 1998 1 Under the Overseas Investment Act Regulations, 1995, issued under the Overseas lnvestment Act 1973, Ministerial approval is required for the following investments by an overseas person:

a)

acquisition or control of 25 per cent or more of any class of shares or voting power in a New Zealand entity where either the consideration for the transfer or the value of the assets exceeds NZ$50 million, unless an exemption exists or an authorisation is granted; commencement of business operations, or acquisition of an existing business, including business assets, in New Zealand, where the total expenditure to be incurred in setting up or acquiring that business or those assets exceeds NZ$50 million, unless an exemption exists or an authorisation is granted; acquisition, regardless of dollar value, of:

(i)

Description.

b)

c)

(ii)

25 per cent or more of any class of shares or voting power in a New Zealand entity that owns commercial fishing quota or annual catch entitlement; commercial fishing quota or annual catch entitlement;


unless an exemption exists or an authorisation is granted;

d) acquisition, regardless of dollar value of:

(i)

(ii)

New Zealand land outside of urban areas and exceeding five hectares or land wherever located worth more than NZ$ 10 million; scenic reserve land (including land that encompasses or adjoins recreational, historic or heritage areas, the foreshore and lakes);

(iii) land over 0.4 hectares on specified off-shore islands; (iv) any land on all other islands; unless an exemption exists or an authorisation is granted;

e)

acquisition, regardless of dollar value, of 25 percent or more of any New Zealand entity that owns or controls:

(i)

(ii)

New Zealand land outside of urban areas and exceeding five hectares or land wherever located worth more than NZ$ 10 million; scenic reserve land (including historic or heritage areas, the foreshore and lakes);

(iii) land over 0.4 hectares on specified off-shore islands; (iv) any land on all other islands; unless an exemption exists or an authorisation is granted. 2 Ministers, in determining whether to grant approval, act in accordance with a screening regime (a non-legally binding description of which is appended to this Annex) which may be adjusted or replaced from time to time by New Zealand Government legislation, regulation or pollcy setting.


B. Type of Limitation: Legal Citation:

*v

Description:

Producer and Marketinq Boards National treatment (Article 29) Agriculture (Emergency Powers) Act 1934 Apple and Pear Export Regulations 1999 Apple and Pear lndustry Restructuring Act 1999 Dairy Board Act 1961 Dairy lndustry Restructuring Act 1999 Game lndustry Board Regulation 1985 Hop Marketing Regulations 1939 Kiwifruit Export Regulations 1999 Kiwifruit lndustry Restructuring Act 1999 Marketing Act 1936 Meat Board Act 1997 Pork lndustry Board Act 1997 Primary Products Marketing Act 1953 Wool Board Act 1997 More favourable treatment may be accorded to Mew Zealand nationals and permanent residents in respect of ownership of Producer and Marketing Board assets.


Type of Limitation: Legal Citation: Description:

Fishinq National treatment (Article 29) Fisheries Act 1996 1 Without the permission of the Minister of Fisheries, and subject to any conditions that he or she thinks fit to impose, no vessel owned or operated by an overseas person may be registered to carry out commercial fishing or fish carrying activities. 2 No vessel that is not a New Zealand ship will be used for commercial fishing within the territorial sea of New Zealand. 3 Foreign fishing vessels or fish carriers are required to obtain the approval of the Minister of F~sheriesbefore entering New Zealand internal waters. If the Minister of Fisheries is satisfied that the vessel has undermined international conservation and management measures he or she may deny the vessel approval to enter New Zealand internal waters.


Type of Limitation: Legal Citation:

-

Description:

Privatisation National treatment (Article 29)

More favourable treatment may be accorded to New Zealand nationals and permanent residents in respect of ownership of enterprises currently in State ownership.


E. Type of Limitation: Legal Citation: Description:

Overseas Company Reportinq Requirements National treatment (Article 29) Companies Act 1993 Financial Reporting Act 1993 Overseas companies are required to prepare audited financial statements on an annual basis. Legislation also requires financial statements in relation to an overseas company's New Zealand business. The following companies are required to deliver annual audited financial statements to the Registrar of Companies for registration:

a)

b) c)

d)

issuers - i.e. those who have raised capital from the New Zealand public ; overseas companies; subsidiaries of companies or bodies corporate incorporated outside New Zealand; companies in which 25 per cent or more of the shares are held or controlled by:

(i)

(ii)

a subsidiary of a company or body corporate incorporated outside New Zealand or a subsidiary of that subsidiary; a company or body corporate incorporated outside New Zealand;

(iii) a person not ordinarily resident in New Zealand.


Type of Limitation: Legal Citation: Description:

All Sectors National treatment (Article 29)

More favourable treatment may be accorded to New Zealand nationals and permanent residents in the form of incentives or other programmes to help develop local entrepreneurs and assist local companies to expand and upgrade their operations.


Type of Limitation

Services National treatment (Article 29) Most favoured nation status (Article 28)

Legal Citation: Description:

1 Most favoured nation status and national treatment

shall not apply where a services sector is not scheduled under Part 5. 2 Where a services sector is scheduled under Part 5, the terms, limitations, conditions and qualifications stated therein shall apply to investments in that sector. 3 Any horizontal commitments, limitations, conditions and qualifications scheduled under Part 5 shall apply to investments in the services sector concerned.


DESCRIPTION OF THE OVERSEAS INVESTMENT REGIME

1 The following is a brief, non legally binding, description of the criteria

applied to overseas investment that requires approval under New Zealand's overseas-lnvestment Act 1973 and the Fisheries Act 1996. The criteria may be adjusted or replaced from time to time by Government legislation, regulation or policy setting. A more detailed description of the criteria is set out in the Overseas Investment Regulations 1995. Non-Land (Prudential Criteria)

2 a) b) c) Ministers must be satisfied that prospective investors: have business experience and acumen; demonstrate a financial commitment to the investment; are of good character and do not have a criminal record that would prevent them from obtaining permanent residence in New Zealand.

Land and Fishing Quota 3 In addition to the applicable prudential criteria, in order to approve overseas investment in specific non-farm land and fishing quota, Ministers must consider whether the investment is in the national interest. In doing so, Ministers shall have regard to whether the investment is likely to result in:

a)

b) c)

d)

e) f)

the creation of new job opportunities in New Zealand, or the retention of existing jobs in New Zealand that would otherwise be Icst; the introduction to New Zealand of new technology or business skills: the development of new export markets, or increased export market access for New Zealand exporters; added market competition, greater efficiency, greater productivity, or enhanced damestic services, in New Zealand; the introduction of additional investment for development purposes; increa.sed processing in New Zealand of primary products;


g) in the case of an investment in land, whether an individual intends to reside permanently in New Zealand.

Additional Requirements for Farm Land 4 In addition to the prudential criteria, approval of overseas investment in farm land requires that the farm land has been offered for sale or acquisition on the open market to New Zealanders. Farm land is defined as land used exclusively or principally for the purpose of agricultural, horticultural, or pastoral purposes, or for the keeping of bees, poultry or livestock. 5 To approve overseas investment in farm land Ministers must also consider whether the overseas investment in farm land is in the national interest and likely to result in "substantial and identifiable benefits" to New Zealand. Ministers must have regard to the same matters as for fishing quota and other land and .investment,as well as:

a) b) c) whether experimental or research work will be carried out on the land; the proposed use of the land; and whether the overseas investor intends to farm the land for his or her own use and benefit, and is capable of doing so.


ANNEX 3.2 Limitations of Singapore -

A. Type of Limitation:

Services Most favoured nation status (Article 28) National treatment (Article 29)

Legal Citation: Description:

1 Most favoured nation status and national treatment

shall not apply where a services sector is not scheduled under Part 5. 2 Where a services sector is scheduled under Part 5, the terms, limitations, conditions and qualifications stated therein shall apply to investments in that sector. 3 Any horizontal commitments, limitations, conditions and qualifications scheduled under Part 5 shall apply to investments in the services sector concerned.


B. Type of Limitation: Legal Citation: Description:

All Sectors National treatment (Article 29)

More favourable treatment may be accorded to Singapore nationals and permanent residents in the form of incentives or other programmes to help develop local entrepreneurs/technopreneurs and assist local companies to expand and upgrade their operations.


Type of Limitation: Legal Citation: Description:

All Sectors National treatment (Article 29) Companies Act, Cap 50 (l 994) Compliance by Foreign Companies with the Companies Act as in establishing, reporting and filing of accounts.

a)

Commercial presence, right of establishment and movement of juridical persons are subject to compliance with the following provisions:

(i)

-

ii)

a foreigner who wishes to register a business firm must have a local rnanager who should be: A) a Singapore citizen; B)a Singapore permanent resident; C)a Singapore employment pass holder; or D)a dependent's pass holder and have written permission from the Singapore Immigration and Registration (SIR). Provided that a foreigner who is a Singapore permanent resident or a Singapore employment pass holder or a dependent's pass holder with written permission from SIR can register a business without appointing a local manager; every company must have at least 2 directors, and one of whom 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

iii)


holder or dependent's pass holder with written permission from SIR);

b)

establishment of a foreign company's branch is subject to the filing of necessary documents.


Type of Limitation: Legal Citation:

All Sectors National treatment (Article 29) Banking Act, Cap 19 (1985) Directive on Housing Loans to Financial lrstitutions issued by the Monetary Authority of Singapore (MAS) Residential Property Act, Cap 274 (1985)

1 a) 2 a)

Ownership of land: non-citizens cannot own land. Ownership of property: non-citizens are restricted from purchasing landed property and residential property in a building of less than 6 levels; there are also restrictions n non-citizens owning Housing & Development Board (HDB) flats; Housing loans: banks are:

(i)

Description:

b)

3 a)

-

(ii)

not allowed to extend Singapore Dollar (S$) loans to non-Singapore citizens (excluding permanent residents) and non-Singapore companies for the purpose of purchasing residential properties in Singapore. A company incorporated outside Singapore or majority-owned by non-Singapore citizens andlor permanent residents is considered a non-Singapore company, allowed to extend only one S$ loan to permanent residents for the purchase of residential property which must be owneroccupied.


Type of Limitation: Legal Citation:

All Sectors National treatment (Article 29) Banking Act, Cap 19 (l 985) MAS Notice No. 757 1 Banks are not allowed to extend S$ credit facilities to non-residents22for the following purposes:

a)

Description:

b)

c)

d)

2

speculating in the S$ currency and interest rate markets; financing third-party trade between countries not involving Singapore; financing the acquisition of shares of companies not listed on the Stock Exchange of Singapore or Central Limit Order Book (CLOB); financing activities outside Singapore except when approved by MAS. Banks must consult MAS before extending S$

credit facilities to non-residents22for, inter alia:

a)

b)

c)

amounts exceeding S$5 millian for financing investments such as shares, bonds, deposits, and commercial properties; amounts exceeding S$20 million via repurchase agreements of Singapore Government Securities with full delivery of collateral; and all activities not explicitly mentioned in the MAS Notice 757.

22 For the purposes of this MAS Notice 757, Singapore residents are: (i) Singapore citizens; (ii)

individuals who are Singapore tax-residents; (iii) companies incorporated in Singapore which are jointly-owned or majority-owned by Singapore citizens; or (iv) overseas subsidiaries which are jointly-owned or majority-owned by Singapore citizens. All other persons are considered nonresidents


Type of Limitation: Legal Citation: Description:

Printing & Publishinq Manufacture & Repair of Transport Equipment PowerIEner~y National treatment (Article 29)

More favourable treatment may be accorded to Singapore nationals and permanent residents in the above sectors.


G. Privatisation

Type of Limitation: Legal Citation. Description:

National treatment (Article 29)

More favourable treatment may be accorded to Singapore nationals and permanent residents in respect of ownership of enterprises currently in Government ownership.


H. Type of Limitation:

Government-Linked Companies Most favoured nation status (Article 28) National treatment (Article 29)

Legal Citation: Description:

1 Most favoured nation status and national treatment

shall not apply to any corporate entities in which the Singapore Government is the ma,jority shareholder or has a special share. Such corporate entities shall be permitted to limit the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment. 2 The term 'special share' whether created by a corporate entity's articles of association, or by domestic law or administrative action, includes a paid-up share or any other share (whether ordinary, equity or otherwise) and any share that has special voting or veto rights in respect of or entitles the holder to give or withhold consent or object to:

a) b)

c)

d) e)

the disposal of the whole or substarrtial part of the corporate entity's undertaking; the acquisition by any person of any specified percentage of the issued share capital of the corporate entity; the appointment of the board of directors, management andtor executive staff of the corporate entity; the winding up or dissolution of the corporate entity; or any cbange to the memorandum of association andtor articles of association of a corporate entity relating to the issue, ownership, transfer, cancellation and acquisition of shares of the corporate entity, appointment and dismissal of the board of directors, management andtor executive staff of the corporate entity.


1. Manufacturing Sector

Type of Limitation.

iegal Citation:

Most favoured nation status (Artic?e28) National treatment (Article 29) Control of Manufacture Act, Cap 57 (1985) Statutory licensing requirements for the manufacture of goods, such as: firecrackers; drawn steel products; pig iron and sponge iron; rolled steel products; steel ingots, billets, blooms and slabs; beer and stout; CD, CD-ROM, VCD; DVD, DVD-ROM; chewing gum, bubble gum, dental shewing gum or any like substance; cigarettes; matcbes; cigars.


ANNEX 4 TECHNICAL, SANITARY AND PHYTOSANITARYREGULATIONSAND STANDARDS ANNEX 4.9 Product Chapter on Electrical and Electronic Equipment

Section l Scope 1 1 The products to which this Product Chapter applies are new electrical and erestrorlic equipment that are intended to be either directly connected or piugged-in to the low voltage supply or are battery powered and which are not telecommunications equipment or medical equipment. 1.2 The mandatory requirements to which this Product Chapter applies shall be conformity assessment processes or requirements for product testing for the products covered in Section 1.l. 5 3 The conformity assessment bodies which may be designated under this Product Chapter shall be:

a) b) c) 1.4 test facilities; certification bodies; or registration assessment bodies.' The conformity assessment activities for which conformity assessment

bodies may be designated are.

a) b)

c)

testing by designated test facilities; product surveillance activities undertaken in accordance with the relevant mandatory requirements by certification bodies, the results of which are supplemented by test results from designated test faci!it~es; certification to mandatory requirements by desig~atedcartiflca:ir~rl bodies; and


d)

assessment of compliance with mandatory requirements by registration assessment bodies for registration by regulatory authorities.

1.5 Forthe purposeofthis Product Chapter:

a)

b)

"low voltage" has the same meaning as that definec! in Band II of International Electrotechnical Commission Standards 60449:1979 Voltage bands for electrical installations in buildings (IEC 60449:1979); "registration assessment body" means a body that may be designated by one Party in accordance with this Product Chapter to undertake assessments of compliance with the other Party's mandatory requirements for registration or approval by regulatory authorities; "product surveilla~ce"is the process in which samples from a consigrlment are randomly selected, inspected and tested. SS 242:1980 (IS0 28594974E) and ANSIIASQC 21.4 - 1993 shall be used as guides for the sampling plan, inspection, test procedures and acceptance criteria.

c)

Section 2 Definitions 2.1 Conformity assessment in this Prpduct Chapter refers to mandatory conformity assessment performed by third party bodies such as regulators or certification bodies. 2.2 Other definitions contained In Part 7 of the Agreement. shall, unless the context requires otherwise, apply to this Product Chapter.

Section 3 Obligations 3.1 New Zealand shall accept test reports that demonstrate compliance with its mandatory requirements issued by test facilities designated by Singapore's designating a~lthoritiesin accordance with Section 6. 3.2 Swgapore shall accept test reports that demonstrate cornpliancc with its mandatory requirements issued by test facilities designated by New Zealand's designating authorities in accordance with Section 6.


3.3 New Zealand shall accept the results of product surveillance activities undertaken in accordance with its mandatory requirements by certification bodies designated by Singapore's designating authorities in accordance with Section 6. Such results shall include supporting test results from test facilities designated by Singapore's designating authorities in accordance with Section 6. 3.4 Singapore shall accept the results of product surveillance activities undertaken in accordance with its mandatory requirements by certification bodies designated by New Zealand's designating authorities in accordance with Section 6. Such results shall include supporting test results from test facilities designated by New Zealand's designating authorities in accordance with Secti~n6. 3.5 New Zealand shall accept certification to New Zealand's mandatory requ~rementsundertaken by the relevant certification bodies designated by Singapore's designating authorities in accordance with Sectrorr 6 3.6 Singapore shall accept assessments for compliance w!th Singapwe's marldatory requirements for registration, undertaken by the registration assessment bodies designated by New Zealand's designating authorities in accordance with Section 6. Upor receipt of such assessmen'is. Singapore's regulatory authorities shall complete the relevant product registration processes within 7 davs.

Section 4 Exchangeof Information The Parties' relevant regulatory authorities shall notify each other and the relevant designating authorrties of any proposed changes to thew relevant mandatory requirements. Except where considerations of health, safety aqd the environment warrant more urgent action, such notification shall take lace at least 60 days before the enty into force of the changes.


Section 5 Designating Authorities 5 1 New Zealand's designating authorities shall be:

a) b)

c)

the International Accreditation New Zealand for test facilities; the Joint Accreditation System of Australia and New Zealand for sedification bodies; and the .Joint Accreditation System of Australia and New Zealand for reg~strationassessment bodies.

5.2 Singapore's designating authorities shall be:

a) b) the Singapore Accreditation Council for test facilities; and the Singapore Accreditation Council for certification bodies

Section 6 Designation Procedures and Stipulated Requirements 6.1 Designating authorities shall give advance notice of at least 7 days of any changes, including suspension, to their list of designated conformity assessment bodies. 6.2 Designating authorities sha!l specify the scope of the conformity assessment activ~tiesfor whch a conformity assessment body has Seen designated When a conformity assessment body is designated to undertake tests with regard to particular ~andatoryrequirements, the re'evarlt obligations of acceptance shall be limited to the results of assessments iri relation to those mandatory requirements. 6.3 Designatirlg authorities shall only designate conformity assessme~tbodies where the conformity assessment body, or the organisatior~of which the conformity assessment body is a part, is a legal person ;P the relevant iurisdiction. 6.4 Designated conformity assessment bodies shall not be adversely influenced by a body that manufactures or trades in electric-a!and electronrc equipment. Furthermore, designated conformity assessment bodies shall be


impartial. Any other services offered by the conformity assessment body shall be provided in a manner that does not compromise the objectivity of its conformity assessment activities and decisions. 6.5 Designating authorities shall only designate conformity assessment bodies that are able to demonstrate that they understand, have experience relevant to, and are technically competent to undertake, the conformity assessment activities for whicti they are designated. 6.6 Demonstration of technical competence shall be based on.

a) b)

c) d)

e)

f)

technological knowledge of the relevant products, processes or services; understanding of the technical standards and the general risk protesi~on requirements for which designation is sought; the experience relevant t~ the applicable mandatory requirements; the physical capability to perform the relevant conformity assessment act~vities; an adequate management of the conformity assessvent activities concerned; and any other circumstance necessary to give assurance that "re conformity assessment activities shall be adequately performed or1 a consistent basis.

6.7 The basis for designating test facilities shall be either:

a)

accreditation to ISOIIEC Guide 25: 1996 or ISOIIEC 17025:1999. which shall constitute sufficient proof of technical competence to undertake conformity assessment activities that demonstrate conformity with the mandatory requirements for which they are to be designated provided that:

(i)

the accreditation process is conducted in compliance with ISOIIEC Guide 58:1993; and the accreditation body participates in mutual recogn~tion arrangements, such as the Asia Pacific Laboratory Accreditation Cooperation (APLAC) Mutual Recognition Arrangement, where they are subject to peer evaluation of the competence ~f accreditation bodies and the test facilities accredited by them;

(ii)


b) membership in the IECEE CB Scheme.

6.8 The bas~sfor designating certification bodies and registrafioq assessment bodies shall be either:

a)

accreditation to ISOIIEC Guide 65:1996, which shall constitute sufficient proof of technical competence to undertake conformity assessment act~vitiesthat demonstrate conformity with the mandatory requirements for which they are to be designated provided that:

(i)

(ii)

the accreditation process is conducted in compliance with ISOIIEC Suide 61:l and 996; the accreditation body is recognised by the designating Paky;

b) mernberskip in the IECEE CBIFC Scheme.

6.9 In addltion to Section 6.8, a basis for designating the regisiratlon asse~srnentbodies shall also be:

a)

b)

participation in training in the other Party's mandatory r~quirerrwntsar~d relevant regulatory processes; and understanding of the mandatory requirements and rele\larlt regulstory processes of the other Party

6.10 Wheri designating a conformity assessment body des~gnating

authority shall provide the following details in respect of each conformity assessment body it designates:

b) c) d\ e) postal address; facsimile ffax) number; email address; name and telephone number of the contact person;


f)

g) h)

scope of designation detailing range of products, reference standards, methods of certification, capability and other relevant details; designating procedure used; and date of effect of designation.

Section 7 Suspension and Withdrawal of Conformity Assessment Bodies For the purpose of this Product Chapter, the time period specified in Article 41(18) shall be 70 days.

8 2

Section 8 Progression of this Product Chapter Both Farties agree that their officials shall engage in confidence-bu~lding

activities with the object of making recommendations to their respective Go\lernmerts within l 2 months of the entry into force of the Agreement on the options for reducing regulatory requirements which impose impediments to mutual or unilateral recognition of equivalence of mandatory requrrsments 8.2 Such co~fidencebuilding acti\rities shall include a comparative review of both Parties' conformity assessment procedures, standards recounition, market surve~llanceprocedures and market compliance levels.

Section 9 Entry Into Force This Produst Chapter shall enter into force as of the date o$sntrj into force of the Agreement.


The Ministry of Foreign Affairs of the Republic of Singapore presents its coinpliinents to the New Zealand High Coinlnission in Singapore and has the honour to refer to tlie Agreeineiit between New Zealand and Singapore on a Closer Economic Partnership ("ANZSCEP") signed in Singapore on 14November 2000.

The Ministry has the honour to refer to Article 82 of Part 11: General Provisioiis of ANZSCEP on amendments of ANZSCEP by agreement in writing by the Parties.

The Ministry has the honour to inform the High Commission that pursuant to the aforesaid Article 82, Singapore proposes to ainend Annex 4.1 of the ANZSCEP by deleting it entirely and replacing with thefollowing:

"ANNEX 4 TECHNICAL, SANITARY AND PHYTOSANITARY REGULATIONS AND STANDARDS ANNEX 4.1 Product Chapter on Electrical and Electronic Equipment Section 1 - Scope

1.1

1.2

The products to which this Product Chapter applies are new electrical and electronic equipment that are intended to be either directly connected or plugged-in to the low voltage supply or are battery powered and which are not telecominunications equipinent or medical equipment. The mandatory requirements to whicli this Product Chapter applies


1.2

1.3

The mandatory requirements to which this Product Chapter applies shall be conformity assessment processes or requirements for product testing for the products covered in Section 1.1. The conformity assessinent bodies which may be designated under this Product Chapter shall be:

a) b) test facilities; or certification bodies.

1.4

The conformity assessment activities for which conformity assessment bodies inay be designated are:

a) b)

testing by designated test facilities; product surveillance activities undertaken in accordance with the relevant mandatory requirements by certification bodies, the results of which are supplemented by test results from designated test facilities; and

certification to mandatory requirements certification bodies. by designated c)

1.5 For the purpose of this Product Chapter:

a)

"low voltage" has the same meaning as that defined in Band I1 of International Electrotechnical Commission Standards buildings (IEC 60449:1979); "product surveillance" is the process in which samples froin a consignment are randomly selected, inspected and tested.

60449:1979 Voltage bands for electrical installations in

SS 242:1980 (IS0 2859 - 1974E) and ANSIIASQC 21.4 -

b)

1993 shall be used as guides for the sampling plan, inspection, test procedures and acceptance criteria. Section 2 -Definitions

2.1

2.2

Conforinity assessment in this Product Chapter refers to mandatory conformity assessinent performed by third party bodies such as certification bodies. Other definitions contained in Part 7 of the Agreement shall, unless the context requires otherwise, apply to this Product Chapter.


Section 3 - Obligations

3.1

3.2

3.3

3.4

3.5

3.6

New Zealand shall accept test reports that demonstrate compliance with its mandatory requirements issued by test facilities designated by Singapore's designating authorities in accordance with Section 6. Singapore shall accept test reports that demonstrate compliance with its mandatory requirements issued by test facilities designated by New Zealand's designating authorities in accordance with Section 6. New Zealand shall accept the results of product surveillance activities undertaken in accordance with its mandatory requirements by certification bodies designated by Singapore's designating authorities in accordance with Section 6. Such results shall include supporting test results froin test facilities designated by Singapore's designating authorities in accordance with Section 6. Singapore shall accept the results of product surveillance activities undertaken in accordance with its mandatory requirements by certification bodies designated by New Zealand's designating authorities in accordance with Section 6. Such results shall include supporting test results from test facilities designated by New Zealand's designating authorities in accordance with Section 6. New Zealand shall accept certification to New Zealand's mandatory requirements undertaken by the relevant certification bodies designated by Singapore's designating authorities in accordance with Section 6. Singapore shall accept certification to Singapore's mandatory requirements, undertaken by certification bodies designated by New Zealand's designating authorities in accordance with Section 6.

Section 4 - Exchange of Information

4.1

The Parties' relevant regulatory authorities shall notify each other and the relevant designating authorities of any proposed changes to their relevant mandatory requirements. Except where considerations of health, safety and the environment warrant inore urgent action, such notification shall take place at least 60 days before the entry into force of the changes.


Section 5 -Designating Authorities 5.1 New Zealand's designating authorities shall be:

a) b) the International Accreditation New Zealand for test facilities; and the Joint Accreditation System of Australia and New Zealand for certification bodies.

5.2 Singapore's designating authorities shall be:

a) b) the Standards, Productivity and Innovation Board (SPRING) Singapore for test facilities; and the Standards, Productivity and Innovation Board (SPRING) Singapore for certification bodies.

Section 6 -Designation Procedures and Stipulated Requirements

6.1

6.2

6.3

6.4

Designating authorities shall give advance notice of at least 7 days of any changes, including suspension, to their list of designated conformity assessment bodies. Designating authorities shall specify the scope of the conformity assessinent activities for which a conformity assessment body has been designated. When a conformity assessment body is designated to undertake tests with regard to particular mandatory requirements, the relevant obligations of acceptance shall be limited to the results of assessments in relation to those mandatory requirements. Designating authorities shall only designate conformity assessment bodies where the conformity assessment body, or the organisation of which the conforinity assessment body is a part, is a legal person in the relevant jurisdiction. Designated conformity assessment bodies shall not be adversely influenced by a body that manufactures or trades in electrical and electronic equipment. Furthermore, designated conformity assessment bodies shall be impartial. Any other services offered by the conforinity assessment body shall be provided in a manner that does not coinproinise the objectivity of its conformity assessinent activities and decisions. Designating authorities shall only designate conforinity assessment bodies that are able to demonstrate that they understand, have experience relevant to, and are technically competent to undertake,

6.5


6.6

the conformity assessment activities for which they are designated. Demonstration of technical competence shall be based on:

a) b) c) d) e) f) technological knowledge of the relevant products, processes or services; understanding of the technical standards and the general risk protection requireinents for which designation is sought; the experience relevant to the applicable inandatory requirements; the physical capability to perforill the relevant conformity assessment activities; an adequate management of the conformity assessment activities concerned; and any other circumstance necessary to give assurance that the conforinity assessment activities shall be adequately

6.7

performed on a consistent basis. The basis for designating test facilities shall be either:

a)

accreditation to ISOIIEC 17025:1999, which shall constitute sufficient proof of technical competence to undertake conformity assessment activities that demonstrate conformity with the mandatory requirements for which they are to be designated provided that:

(i)

the accreditation process is conducted in compliance with ISOIIEC Guide 58:1993; and

b)

(ii) the accreditation body participates in mutual recognition arrangements, such as the Asia Pacific Laboratory Accreditation Cooperation (APLAC) Mutual Recognition Arrangement, where they are subject to peer evaluation of the coinpetence of accreditation bodies and the test facilities accredited by them; or inemberslip in the IECEE CB Scheme.

6.8 The basis for designating certification bodies shall be either:

a)

accreditation to ISOIIEC Guide 65:1996, which shall constitute sufficient proof of teclinical competence to undertake conformity assessment activities that demonstrate conformity with the maiidatory requirements for which they are to be designated provided that:

(i)

the accreditation process is conducted in coinpliance with ISOIIEC Guide 61:1996; and

(ii) the accreditation body is recognised by the designating Party; or


b) membership in the IECEE CB-FC Scheme.

6.9

When designating a conformity assessment body, the designating authority shall provide the following details in respect of each conformity assessment body it designates:

a) b) c) d) e) f)

g) h)

name; postal address; facsimile (fax) number; einail address; name and telephone number of the contact person; scope of designation detailing range of products, reference standards, methods of certification, capability and other relevant details; designating procedure used; and date of effect of designation.

Section 7 - Suspension and Withdrawal of Conformity Assessment Bodies For the purpose of this Product Chapter, the time period specified in Article 4l(18) shall be 70 days. Section 8 - Progression of this Product Chapter

8.1

8.2

Both Parties agree that their officials shall engage in confidencebuilding activities with the object of making recommendations to their respective Governinents within 12 months of the entry into force of the Agreement on the options for reducing regulatory requirements which impose impediments to mutual or unilateral recognition of equivalence of mandatory requirements. Such confidence building activities shall include a comparative review of Parties' conformity assessment procedures, standards recognition, market surveillance procedures and market compliance levels.

Section 9 -Entry into Force This Product Chapter sliall enter into force as of the date of entry into force of the Agreement."


The Ministry proposes that the aforesaid amendments shall enter into force as from the date of your reply to this Note indicating your agreement to the aforesaid amendments.

The Ministry of Foreign Affairs of the Republic of Singapore avails itself of this opportunity to renew to the New Zealand High Commission in Singapore the assurances of its highest consideration.

SINGAPORE l l August 2004

New Zealand High Commission Singapore


The Ministry of Foreign Affairs and Trade presents its compliments to the Singapore High Commission in New Zealand and has the honour to refer to the Note of ll August 2004 of the Ministry of Foreign Affairs of the Republic of Singapore, which reads as follows:

The Ministry of Foreign Affairs of the Republic of Singapore presents its compliments to the New Zealand High Commission in Singapore and has the honour to refer to the Agreement between New Zealand and Singapore on a Closer Economic Partnership ("ANZSCEP") signed in Singapore on 14 November 2000. The Ministry has the honour to refer to Article 82 of Part II: General Provisions of ANZSCEP on amendments of ANZSCEP by agreement in writing by the Parties. The Ministry has the honour to inform the High Commission that pursuant to the aforesaid Article 82, Singapore proposes to amend Annex 4.1 of the ANZSCEP by deleting it entirely and replacing with the following:

"ANNEX 4 TECHNICAL, SANITARY AND PHYTOSANITARY REGULATIONS AND STANDARDS

ANNEX 4.1 Equipment

Section 1

Product Chapter on Electrical and Electronic

-Scope


1. l

1.2

1.3

1.4

1.5

The products to which this Product Chapter applies are new electrical and electronic equipment that are intended to be either directly connected or plugged-in to the low voltage supply or are battery powered and which are not telecommunications equipment or medical equipment. The mandatory requirementsto which this Product Chapter applies shall be conformity assessment processes or requirements for product testing for the products covered in Section 1.l. The conformity assessment bodies which may be designated under this Product Chapter shall be: a) test facilities; or b) certification bodies. The conformity assessment activities for which conformity assessment bodies may be designated are: a) testing by designated test facilities; b) product surveillance activities undertaken in accordance with the relevant mandatory requirements by certification bodies, the results of which are supplemented by test results from designatedtest facilities; and c) certification to mandatory requirements by designated certification bodies. For the purpose of this Product Chapter: a) "low voltage" has the same meaning as that defined in Band II of International Electrotechnical Commission Standards 60449:1979 - Voltage bands for electrical installations in buildings (IEC 60449:1979);

b)

"product surveillance" is the process in which samples from a consignment are randomly selected, inspected and tested. SS 242:1980 (IS0 2859 - 1974E) and ANSIIASQC 21.4 - 1993 shall be used as guides for the sampling plan, inspection, test procedures and acceptance criteria.

Section 2 - Definitions

2.1

Conformity assessment in this Product Chapter refers to mandatory conformity assessment performed by third party bodies such as certification bodies. Other definitions contained in Part 7 of the Agreement shall, unless the context requires otherwise, apply to this Product Chapter.


Section 3 Obligations New Zealand shall accept test reports that demonstrate compliance with its mandatory requirements issued by test facilities designated by Singapore's designating authorities in accordancewith Section 6. Singapore shall accept test reports that demonstrate compliance with its mandatory requirements issued by test facilities designated by New Zealand's designating authorities in accordance with Section 6. New Zealand shall accept the results of product surveillance activities undertaken in accordance with its mandatory requirements by certification bodies designated by Singapore's designating authorities in accordance with Section 6. Such results shall include supporting test results from test facilities designated by Singapore's designating authorities in accordance with Section 6. Singapore shall accept the results of product surveillance activities undertaken in accordance with its mandatory requirements by certification bodies designated by New Zealand's designating authorities in accordance with Section 6. Such results shall include supporting test results from test facilities designated by New Zealand's designating authorities in accordance with Section 6. New Zealand shall accept certification to New Zealand's mandatory requirements undertaken by the relevant certification bodies designated by Singapore's designating authorities in accordance with Section 6. Singapore shall accept certification to Singapore's mandatory requirements, undertaken by certification bodies designated by New Zealand's designating authorities in accordancewith Section 6. Section 4 - Exchange of Information

4.1

The Parties' relevant regulatory authorities shall notify each other and the relevant designating authorities of any proposed changes to their relevant mandatory requirements. Except where considerations of health, safety and the environment warrant more urgent action, such notification shall take place at least 60 days before the entry into force of the changes.

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4

Section 5 -Designating Authorities

New Zealand's designating authorities shall be: the International Accreditation New Zealand for test facilities; and the Joint Accreditation System of Australia and New Zealand for certification bodies. Singapore's designating authorities shall be:

the Standards, Productivity and lnnovation (SPRING) Singapore for test facilities; and the Standards, Productivity and Innovation (SPRING) Singapore for certification bodies. Section 6 - Designation Procedures and Stipulated Requirements

6.1

Board Board

Designating authorities shall give advance notice of at least 7 days of any changes, including suspension, to their list of designated conformity assessment bodies. Designating authorities shall specify the scope of the conformity assessment activities for which a conformity assessment body has been designated. When a conformity assessment body is designated to undertake tests with regard to particular mandatory requirements, the relevant obligations of acceptance shall be limited to the results of assessments in relation to those mandatory requirements. Designating authorities shall only designate conformity assessment bodies where the conformity assessment body, or the organisation of which the conformity assessment body is a part, is a legal person in the relevant jurisdiction. Designated conformity assessment bodies shall not be adversely influenced by a body that manufactures or trades in electrical and electronic equipment. Furthermore, designated conformity assessment bodies shall be impartial. Any other services offered by the conformity assessment body shall be provided in a manner that does not compromise the objectivity of its conformity assessment activities and decisions. Designating authorities shall only designate conformity assessment bodies that are able to demonstrate that they


understand, have experience relevant to, and are

technically competent to undertake, the conformity

6.6

assessment activitiesfor which they are designated. Demonstration of technical competence shall be based on: a) technological knowledge of the relevant products, processes or services; b) understanding of the technical standards and the general risk protection requirements for which designation is sought; c) the experience relevant to the applicable mandatory requirements; d) the physical capability to perform the relevant conformity assessment activities; e) an adequate management of the conformity assessment activities concerned; and

f)

any other circumstance necessary to give assurance that the conformity assessment activities shall be adequately performed on a consistent basis. The basis for designating test facilities shall be either:

6.7

a) accreditation to ISOIIEC 17025:1999, which shall constitute sufficient proof of technical competence to undertake conformity assessment activities that demonstrate conformity with the mandatory requirements for which they are to be designated provided that:

(i) (ii)

the accreditation process is conducted in compliance with ISOIIEC Guide 58:1993; and the accreditation body participates in mutual recognition arrangements, such as the Asia Pacific Laboratory Accreditation Cooperation (APLAC)

6.8

Mutual Recognition Arrangement, where they are subject to peer evaluation of the competence of accreditation bodies and the test facilities accredited by them; or b) membership in the IECEE CB Scheme. The basis for designating certification bodies shall be either: a) accreditation to ISOIIEC Guide 65:1996, which shall constitute sufficient proof of technical competence to undertake conformity assessment activities that demonstrate conformity with the mandatory requirements for which they are to be designated provided that:

(i) the accreditation process is conducted in compliance with ISBIIEC Guide 61: l996; and


(ii)

the accreditation body 'is recognised by the designating Party; or

6.9

b) membership in the IECEE CB-FC Scheme. When designating a conformity assessment body, the designating authority shall provide the following details in respect of each conformity assessment body it designates: a) name; b) postal address; c) facsimile (fax) number; d) email address; e) name and telephone number of the contact person;

f)

scope of designation detailing range of products, reference standards, methods of certification, capability and other relevant details;

g) designating procedure used; and h) date of effect of designation.

Section 7 Bodies -Suspension and Withdrawal of Conformity Assessment

For the purpose of this Product Chapter, the time period specified in Article 41(18) shall be 70 days. Section 8 - Progression of this Product Chapter

8.1

8.2

Both Parties agree that their officials shall engage in confidence-building activities with the object of making recommendations to their respective Governments within 12 months of the entry into force of the Agreement on the options for reducing regulatory requirements which impose impediments to mutual or unilateral recognition of equivalence of mandatory requirements. Such confidence building activities shall include a comparative review of Part~es' conformity assessment procedures, standards recognition, market surveillance procedures and market compliance levels.

-Entry into Force Section 9

This Product Chapter shall enter into force as of the date of entry into force of the Agreement."


The Ministry proposes that the aforesaid amendments shall enter into force as from the date of your reply to this Note indicating your agreement to the aforesaid amendments. The Ministry of Foreign Affairs of the Republic of Singapore avails itself of this opportunity to renew to the New Zealand High Commission in Singapore the assurances of its highest consideration.

SINGAPORE 1lAugust 2004"

The Ministry of Foreign Affairs and Trade confirms that the amendments to Annex 4.1 of the ANZSCEP proposed above are acceptable to the Government of New Zealand and shall enter into force as from the date of this reply.

The Ministry of Foreign Affairs and Trade takes this opportunity to renew to the Singapore High Commission in New Zealand the assurances of its highest

WELLINGTON 1-lOctober 2004