Kazakhstan - Singapore Services and Investment Agreement (2023)
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Most-Favoured-Nation Treatment (Article 3.6)

Existing Measures:

Code of the Republic of Kazakhstan No. 125-VI "On Subsoil and Subsoil Use" dated 27 December 2017; other laws and regulations of Kazakhstan; international treaties of Kazakhstan

Description:

Kazakhstan retains the right to adopt or maintain any measures, including restrictions, exemptions, additional requirements and conditions with regard to subsoil use.

5. Sector: All

Sub-Sector: -

Obligations Concerned:

National Treatment (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6)

Existing Measures:

Code of the Republic of Kazakhstan No. 125-VI "On Subsoil and Subsoil Use" dated 27 December 2017; Law of the Republic of Kazakhstan No. 527-IV "On National Security of the Republic of Kazakhstan" dated January 6 2012; other laws and regulations of Kazakhstan; international treaties of Kazakhstan

Description:

Kazakhstan retains the right to adopt or maintain any measures, including restrictions, exemptions, additional requirements and conditions with regard to activities within the continental shelf of Kazakhstan.

6. Sector: All

Sub-Sector: -

Obligations Concerned:

National Treatment (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6)

Existing Measures:

Land Code of the Republic of Kazakhstan dated 20 June 2003, Civil Code of the Republic of Kazakhstan dated 27 December 1994; other laws and regulations of Kazakhstan; international treaties of Kazakhstan

Description:

Kazakhstan retains the right to adopt or maintain any measures, including restrictions, exemptions, additional requirements and conditions with regard to the land plots used for agricultural production and forest planting.

7. Sector: All

Sub-Sector: -

Obligations Concerned:

National Treatment (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6)

Existing Measures:

Land Code of the Republic of Kazakhstan dated 20 June 2003, other laws and regulations of Kazakhstan; international treaties of Kazakhstan

Description:

Kazakhstan retains the right to adopt or maintain any restrictions, exemptions, additional requirements and conditions with regard to the sale, purchase, use, or disposal of land.

8.  Sector: All

Sub-Sector: -

Obligations Concerned:

National Treatment (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6)

Existing Measures:

Entrepreneurship Code of the Republic of Kazakhstan dated 29 October 2015, Law of the Republic of Kazakhstan No. 242-VI "On special economic and industrial zones" dated 3 April 2019; other laws and regulations of Kazakhstan; international treaties of Kazakhstan.

Description:

Kazakhstan retains the right to adopt or maintain any measures, including restrictions, exemptions, additional requirements and conditions, with regard to activities in the territories of special economic zones.

9. Sector: All

Sub-Sector: -

Obligations Concerned:

National Treatment (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6)

Existing Measures:

Law of the Republic of Kazakhstan No. 527-IV "On National Security of the Republic of Kazakhstan" dated 6 January 2012; Law of the Republic of Kazakhstan No. 339 "On State Control of Turnover of Particular Types of Weapon" dated 30 December 1998, Decision of the Board of the Eurasian Economic Commission No. 30 dated April 21 2015; other laws and regulations of the Republic of Kazakhstan; international treaties of the Republic of Kazakhstan.

Description:

Kazakhstan retains the right to adopt or maintain any measures, including restrictions, exemptions, additional requirements and conditions with regard to activities related to the turnover (2) of weapons and ammunition, as well as explosives.

(2) Turnover means manufacture, assembly, alteration, sale (trade), transfer, donation, rewarding, inheritance, acquisition, collecting, exhibiting, recording, storing, carrying, transporting, using, seizing, destroying, and importing into and exporting from the territory of Kazakhstan.

10. Sector: All

Sub-Sector: -

Obligations Concerned:

National Treatment (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6)

Existing Measures: -

Description

Kazakhstan retains the right to adopt or maintain any measure affecting the supply of social services, public law enforcement, ambulance services, correctional services and fire-fighting services.

11. Sector: All

Sub-Sector: -

Obligations Concerned:

National Treatment (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6)

Existing Measures: -

Description:

Kazakhstan retains the right to adopt or maintain any measure affecting social security and the supply of health services by healthcare institutions owned or controlled by government, including investments in these institutions.

12. Sector: All

Sub-Sector: -

Obligations Concerned: 

National Treatment (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6)

Existing Measures:

Law of the Republic of Kazakhstan No. 418-V "On Informatization" dated 24 November 2015; Law of the Republic of Kazakhstan No. 94-V "On Personal Data and its Protection" dated 21 May 2013; other laws and regulations of Kazakhstan

Description:

Kazakhstan retains the right to adopt or maintain any measure with respect to the collection, administration and saving of information, including personal data, and databases.

13. Sector: All

Sub-Sector: -

Obligations Concerned:

Most-Favoured-Nation Treatment (Article 3.6)

Existing Measures: International Treaties and international agreements

Description:

The Republic of Kazakhstan retains the right not to provide to investors and investments of investors of the other Party differential treatment, including benefits or privileges that Kazakhstan is providing or will provide in future in accordance with:

(a)  any economic or customs union, or free trade area or common market, including other forms of regional or bilateral cooperation, or similar international agreements to which either of the Parties is or may become a party including investment agreements among them;

(b) any bilateral investment treaties that were concluded, signed or have entered into force prior to the entry into force of this Agreement, or signed after the date of entry into force of this Agreement;

(c) any arrangement with a non-Party or parties in the same geographical region designed to promote regional cooperation in the economic, social, labour or industrial fields.

ANNEX 3-2. NON-CONFORMING MEASURES. SCHEDULE OF SINGAPORE

Explanatory Note

1. The Schedule of Singapore to this Annex sets out, pursuant to Article 3.9 (Non-Conforming Measures), the specific sectors, sub-sectors or activities for which Singapore may maintain existing, or adopt new or more restrictive measures that do not conform to some or all of the obligations imposed by:

(a) Article 3.5 (National Treatment);

(b) Article 3.6 (Most-Favoured-Nation Treatment);

(c) Article 3.8 (Performance Requirements).

2. Each Schedule entry sets out the following elements:

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

(b) Sub-Sector, where referenced, refers to the specific sub-sector for which the entry is made;

(c) Industry Classification, where referenced, refers to the activity covered by the non-conforming measure, according to the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);

(d) Obligations Concerned specifies the obligation(s) referred to in paragraph 1 that, pursuant to Article 3.9 (Non-Conforming Measures), do not apply to the sectors, sub-sectors or activities listed in the entry;

(e) Description sets out the scope or nature of the sectors, sub-sectors or activities listed in the entry; and

(f) Existing Measures, where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, sub-sectors or activities covered by the entry; and

3. In accordance with Article 3.9 (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, sub-sectors and activities identified in the Description element of that entry.

4. In the interpretation of an entry, all elements of the entry shall be considered.

1. Sector: All

Sub-Sector: -

Industry Classification: -

Obligations Concerned:

National Treatment  (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6) Performance Requirements (Article 3.8)

Description:

Singapore reserves the right to adopt or maintain any measure in relation to the divestment of the administrator and operator of airports.

Existing Measures: -

2. Sector: All

Sub-Sector:  -

Industry Classification:  -

Obligations Concerned:

National Treatment (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6) Performance Requirements (Article 3.8)

Description:

Singapore reserves the right to adopt or maintain any measure affecting the supply of social services, public law enforcement, ambulance services, correctional services and fire-fighting services.

Existing Measures: -

3. Sector: All

Sub-Sector: -

Industry Classification: -

Obligations Concerned:

National Treatment (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6) Performance Requirements (Article 3.8)

Description:

Singapore reserves the right to adopt or maintain any measure affecting social security, public training, and the supply of health services by government-owned or controlled healthcare institutions, such as hospitals and polyclinics, including investments in these institutions, hospitals and polyclinics.

Existing Measures: -

4. Sector: All

Sub-Sector: -

Industry Classification: -

Obligations Concerned:

National Treatment (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6)

Performance Requirements (Article 3.8)

Description:

Singapore reserves the right to adopt or maintain any measure affecting real estate. This includes, but is not limited to, measures affecting the ownership, sale, purchase, development and management of real estate.

This reservation does not apply to real estate consultancy services, real estate agency services, real estate auction services, real estate valuation services, and renting or leasing services involving owned or leased non-residential property.

  • Chapter   1 INITIAL PROVISIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Scope 1
  • Article   1.4 Definitions of General Application 1
  • Chapter   2 TRADE IN SERVICES 1
  • Article   2.1 Scope and Coverage 1
  • Article   2.2 Most-Favoured-Nation Treatment 1
  • Article   2.3 Market Access 1
  • Article   2.4 National Treatment 1
  • Article   2.5 Additional Commitments 1
  • Article   2.6 Payments and Transfers 1
  • Article   2.7 Monopolies and Exclusive Service Suppliers 1
  • Article   2.8 Domestic Regulation 1
  • Chapter   3 INVESTMENT 2
  • Article   3.1 Definitions 2
  • Section   A Investment 2
  • Article   3.2 Scope 2
  • Article   3.3 Promotion and Protection of Investments 2
  • Article   3.4 Domestic Regulation 2
  • Article   3.5 National Treatment 2
  • Article   3.6 Most-Favoured-Nation Treatment 2
  • Article   3.7 Compensation for Losses 2
  • Article   3.8 Performance Requirements 2
  • Article   3.9 Non-Conforming Measures 2
  • Article   3.10 Expropriation (2) 2
  • Article   3.11 Subrogation 2
  • Article   3.12 Transfers 2
  • Article   3.13 Special Formalities and Treatment of Information 2
  • Section   B Investor-State Dispute Settlement 2
  • Article   3.14 Scope 2
  • Article   3.15 Institution of Arbitral Proceedings 2
  • Article   3.16 Constitution of Arbitral Tribunal 2
  • Article   3.17 Rules of Interpretation 2
  • Article   3.18 Place of Arbitration 2
  • Article   3.19 Conduct of the Arbitration 2
  • Article   3.20 Interim Measures of Protection and Diplomatic Protection 3
  • Article   3.21 Award 3
  • Article   3.22 Costs 3
  • Article   3.23 Consolidation 3
  • Article   3.24 Third-Party Funding 3
  • Section   C Final Provisions 3
  • Article   3.25 Publication of International Agreements 3
  • ANNEX 3-1  NON-CONFORMING MEASURES. SCHEDULE OF KAZAKHSTAN 3
  • ANNEX 3-1  NON-CONFORMING MEASURES. SCHEDULE OF SINGAPORE 3
  • ANNEX 3-2  NON-CONFORMING MEASURES. SCHEDULE OF KAZAKHSTAN 4
  • ANNEX 3-2  NON-CONFORMING MEASURES. SCHEDULE OF SINGAPORE 5
  • ANNEX 3-A  EXPROPRIATION 6
  • Chapter   4 MOVEMENT OF NATURAL PERSONS 6
  • Article   4.1 Scope 6
  • Article   4.2 Provision of Information 6
  • Article   4.3 Expeditious Application Procedures 7
  • Article   4.4 Dispute Settlement 7
  • ANNEX 4-1  KAZAKHSTAN'S SCHEDULE OF COMMITMENTS FOR THE MOVEMENT OF NATURAL PERSONS CHAPTER 7
  • ANNEX 4-1  SINGAPORE'S SCHEDULE OF COMMITMENTS FOR THE MOVEMENT OF NATURAL PERSONS CHAPTER 7
  • Chapter   5 TRANSPARENCY 7
  • Article   5.1 Publication 7
  • Article   5.2 Notification and Provision of Information 7
  • Article   5.3 Administrative Proceedings 7
  • Article   5.4 Review of Administrative Actions 7
  • Article   5.5 Specific Provisions 7
  • Chapter   6 DISPUTE SETTLEMENT 7
  • Article   6.1 Definitions 7
  • Article   6.2 Objective 7
  • Article   6.3 Scope 7
  • Article   6.4 Choice of Forum 7
  • Article   6.5 Consultations 7
  • Article   6.6 Good Offices, Conciliation or Mediation 7
  • Article   6.7 Initiation of Arbitration Procedure 7
  • Article   6.8 Composition and Establishment of the Arbitration Panel 7
  • Article   6.9 Terms of Reference 7
  • Article   6.10 Proceedings of the Arbitration Panel 7
  • Article   6.11 Interim and Final Arbitration Panel Report 7
  • Article   6.12 Implementation of the Arbitration Panel Report 7
  • Article   6.13 Compensation and Suspension of Concessions or other Obligations 7
  • Article   6.14 Compliance Review 7
  • Article   6.15 Suspension and Termination of Arbitration Procedures 7
  • Article   6.16 Rules of Procedure 7
  • Article   6.17 Rules of Interpretation 7
  • Article   6.18 Expenses 8
  • Article   6.19 Time Limits 8
  • ANNEX 6-1  RULES OF PROCEDURE FOR ARBITRATION 8
  • ANNEX 6-2  CODE OF CONDUCT FOR ARBITRATORS 8
  • Chapter   7 INSTITUTIONAL AND GENERAL PROVISIONS 8
  • Article   7.1 Joint Committee 8
  • Article   7.2 Contact Points 8
  • Article   7.3 Relationship with other Agreements 8
  • Article   7.4 Evolving WTO Law 8
  • Article   7.5 Taxation 8
  • Article   7.6 Restrictions to Safeguard the Balance-of-Payments 9
  • Article   7.7 General Exceptions (2) 9
  • Article   7.8 Security Exceptions 9
  • Article   7.9 Disclosure of Information 9
  • Article   7.10 Denial of Benefits 9
  • Chapter   8 FINAL PROVISIONS 9
  • Article   8.1 Amendments 9
  • Article   8.2 Entry Into Force 9
  • Article   8.3 Duration 9
  • Article   8.4 Savings Clause 9
  • Article   8.5 Annexes 9