Singapore - Turkey FTA (2015)
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Article 18.5. Taxation

1. Except as otherwise provided, nothing in this Agreement shall apply to taxation measures.

2. Nothing in this Agreement shall affect the rights and obligations of either Party under any tax agreement to which both Parties are parties. In the event of any inconsistency between this Agreement and any such agreement, that agreement shall prevail to the extent of the inconsistency. In the case of a bilateral tax agreement between the Parties, the competent authorities under that agreement shall have sole responsibility for determining whether any inconsistency exists between this Agreement and that agreement.

3. Notwithstanding paragraph 2, Article 2.3 (National Treatment) of Chapter 2 (National Treatment and Market Access for Goods) and such other provisions of this Agreement as are necessary to give effect to that Article shall apply to taxation measures to the same extent as does Article III of the GATT 1994.

4. For the purposes of this Article:

(a) “tax agreement” means an agreement for the avoidance of double taxation or other international taxation agreement or arrangement; and

(b) taxation measures do not include:

(i) customs duties; or

(ii) the measures listed in subparagraphs (b), (c) and (d) of paragraph 2 of Article 2.4 (Customs Duty) of Chapter 2 (National Treatment and Market Access for Goods).

Article 18.6. Restrictions to Safeguard the Balance-of-Payments

1. Where a Party is in serious balance-of-payments and external financial difficulties, or under threat thereof, it may adopt or maintain restrictive measures with regard to trade in goods, cross border trade in services and investments, and on payments and transfers related to cross border trade in services and investments.

2. The Parties shall endeavour to avoid the application of the restrictive measures referred to in paragraph 1. Any restrictive measures adopted or maintained under this Article shall be non-discriminatory, avoid unnecessary damage to the commercial, economic, and financial interests of the other Party, be temporary and be phased out progressively as the situation specified in paragraph 1 improves, and not go beyond what is necessary to remedy the balance-of-payments and external financial situation. They shall also be in accordance with the conditions established in the WTO Agreement and be consistent with the Articles of Agreement of the International Monetary Fund, as applicable.

3. Any Party maintaining or having adopted restrictive measures, or any changes thereto, shall promptly notify the other Party of them.

4. Where the restrictive measures referred to in paragraph 1 are adopted or maintained, consultations shall be held promptly by the Joint Committee. Such consultations shall assess the balance-of-payments situation of the Party concerned and the restrictive measures adopted or maintained under this Article, taking into account, inter alia, factors such as:

(a) the nature and extent of the balance-of-payments and external financial difficulties;

(b) the external economic and trading environment; or

(c) alternative corrective measures which may be available.

The consultations shall address the compliance of any restrictive measures with paragraphs 1 and 2. All findings of statistical and other facts presented by the IMF relating to foreign exchange, monetary reserves and balance-of-payments shall be accepted, and conclusions shall be based on the assessment by the IMF of the balance-of-payments and external financial situation of the Party concerned.

Article 18.7. General Exceptions

1. Article XX of the GATT 1994 and its interpretive notes are incorporated into and made part of this Agreement, mutatis mutandis, for the purposes of:

(a) Chapter 2 (National Treatment and Market Access for Goods), Protocol 1 (Concerning the Definition of the Concept of “Originating Products” and Methods of Administrative Co-operation), Chapter 3 (Trade Remedies), Chapter 4 (Sanitary and Phytosanitary Measures), Chapter 5 (Technical Barriers to Trade), Chapter 6 (Customs and Trade Facilitation); and

(b) Chapter 9 (Electronic Commerce), Chapter 10 (Financial Services) and Chapter 11 (Temporary Movement of Natural Persons), except to the extent that a provision of these Chapters applies to services or investment.

The Parties understand that the measures referred to in Article XX(b) of the GATT 1994 include environmental measures necessary to protect human, animal, or plant life or health, and that Article XX(g) of the GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources.

2. Article XIV of the GATS (including its footnotes) is incorporated into and made part of this Agreement, mutatis mutandis, for the purposes of:

(a) Chapter 7 (Cross Border Trade in Services), Chapter 8 (Telecommunications) and Chapter 10 (Financial Services); and

(b) Chapter 9 (Electronic Commerce) and Chapter 11 (Temporary Movement of Natural Persons), to the extent that a provision of these Chapters applies to services.

The Parties understand that the measures referred to in Article XIV (b) of the GATS include environmental measures necessary to protect human, animal, or plant life or health.

Article 18.8. Security Exceptions

Nothing in this Agreement shall be construed:

(a) to require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or

(b) to preclude a Party from applying measures that it considers necessary for the fulfilment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests.

Article 18.9. Disclosure of Information

1. Nothing in this Agreement shall be construed to require a Party to make available confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private.

2. Unless otherwise provided in this Agreement, where a Party provides information to the other Party (or to the Joint Committee, sub-committees, working groups or any other bodies) in accordance with this Agreement and designates the information as confidential, the Party (or the Joint Committee, sub-committees, working groups or any other bodies) receiving the information shall maintain the confidentiality of the information, use it only for the purposes specified by the Party providing the information, and not disclose it without specific written permission of the Party providing the information except to the extent that it may be required to be disclosed in the context of judicial proceedings. Where the confidential information is required to be disclosed in the context of judicial proceedings, the Party who had received the information shall inform the Party that had provided the information of any such requirement to disclose as soon as possible and in any event prior to making the disclosure.

Article 18.10. Amendments

1. The Parties may agree, in writing, to amend this Agreement.

2. Amendments to this Agreement shall be approved by the Parties in accordance with their respective legal procedures, and amendments shall enter into force on the first day of the second month following the date on which the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures, or on a date to be agreed upon by the Parties.

Article 18.11. Entry Into Force

1. This Agreement shall be approved by the Parties in accordance with their respective legal procedures.

2. This Agreement shall enter into force on the first day of the second month following the date on which the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures for the entry into force of this Agreement. The Parties may by agreement fix another date.

Article 18.12. Duration

1. This Agreement shall be valid indefinitely.

2. Either Party may notify in writing the other Party of its intention to terminate this Agreement.

3. This Agreement shall be terminated six months after the notification under paragraph 2. This is without prejudice to specific provisions in this Agreement which qualify the effect of the termination, namely, Article 12.25 (Savings Clause) of Chapter 12 (Investment).

4. Within 30 days of delivery of a notification under paragraph 2, either Party may request consultations regarding whether the termination of any provision of this Agreement should take effect at a later date than provided under paragraph 2. Such consultations shall commence within 30 days of a Party’s delivery of such request.

Article 18.13. Annexes, Appendices, Joint Declarations and Protocols

The Annexes, Appendices, Joint Declarations and Protocols to this Agreement shall form an integral part thereof.

Article 18.14. Relations with other Agreements

1. The Parties affirm their existing rights and obligations with respect to each other under existing bilateral and multilateral agreements to which both Parties are party, including the WTO Agreement.

2. In the event of any inconsistency between this Agreement and other agreements to which both Parties are party, the Parties shall immediately consult each other with a view to finding a mutually satisfactory solution, taking into consideration general principles of international law.

3. Notwithstanding paragraph 2, if this Agreement explicitly contains provisions dealing with such inconsistency as indicated in paragraph 2, those provisions shall apply.

4. For the purposes of this Agreement, any reference to articles in the GATT 1994 or the GATS includes the interpretative notes, where applicable.

Article 18.15. Territorial Application

This Agreement shall apply:

(a) with respect to Turkey, to its territory as defined in Article 1.3 (Definitions of General Application); and

(b) with respect to Singapore, to its territory as defined in Article 1.3 (Definitions of General Application).

Article 18.16. Contact Points

1. For the purposes of this Agreement, all communications or notifications to or by a Party shall be made through its contact point.

2. For the purposes of this Article, the contact points of the Parties are:

(a) for Turkey, Director General of EU Affairs, Ministry of Economy, or its successor; and

(b) for Singapore, the Director of Emerging Markets Division, Ministry of Trade and Industry, or its successor.

3. Each Party shall notify the other Party of any changes in its contact point in due time.

Article 18.17. Authentic Texts

This Agreement is drawn up in duplicate in the English and Turkish languages, each of these texts being equally authentic. In case of dispute, the English text shall prevail.

Conclusion

IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.

DONE at Antalya, in two originals, this fourteenth day of November, 2015.

For the Government of  the Republic of Turkey: Nihat ZEYBEKCİ, Minister of Economy

For the Government of the Republic of Singapore: HENG Swee Keat Minister for Finance

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  • Chapter   1 OBJECTIVES AND GENERAL DEFINITIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Definitions of General Application 1
  • Chapter   2 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Section   2-A COMMON PROVISIONS 1
  • Article   2.1 Objective 1
  • Article   2.2 Scope 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Customs Duty 1
  • Article   2.5 Classification of Goods 1
  • Section   2-B REDUCTION AND/OR ELIMINATION OF CUSTOMS DUTIES 1
  • Article   2.6 Reduction and/or Elimination of Customs Duties on Imports 1
  • Article   2.7 Elimination of Customs Duties and Taxes on Exports 1
  • Article   2.8 Standstill 1
  • Section   2-C NON-TARIFF MEASURES 1
  • Article   2.9 Import and Export Restrictions 1
  • Article   2.10 Fees and Formalities Connected with Importation and Exportation 1
  • Article   2.11 Import and Export Licensing Procedures 1
  • Article   2.12 Publication 1
  • Article   2.13 State Trading Enterprises 1
  • Section   2-D SPECIFIC EXCEPTIONS RELATED TO GOODS 1
  • Article   2.14 General Exceptions 1
  • Chapter   3 TRADE REMEDIES 1
  • Section   3-A ANTI-DUMPING AND COUNTERVAILING MEASURES 1
  • Article   3.1 General Provisions 1
  • Article   3.2 Transparency and Information Exchange 1
  • Article   3.3 Lesser Duty Rule 1
  • Article   3.4 Exclusion from Bilateral Dispute Settlement and Mediation Mechanism 1
  • Section   3-B COOPERATION IN PREVENTING CIRCUMVENTION 1
  • Article   3.5 Areas of Cooperation 1
  • Section   3-C GLOBAL SAFEGUARD MEASURES 1
  • Article   3.6 Application of Global Safeguard Measures 1
  • Section   3-C BILATERAL SAFEGUARD CLAUSE 2
  • Article   3.7 Definitions 2
  • Article   3.8 Application of Bilateral Safeguard Measure 2
  • Article   3.9 Conditions and Limitations 2
  • Article   3.10 Provisional Measures 2
  • Article   3.11 Compensation 2
  • Chapter   4 SANITARY AND PHYTOSANITARY MEASURES 2
  • Article   4.1 Objectives 2
  • Article   4.2 Scope 2
  • Article   4.3 Definitions 2
  • Article   4.4 Rights and Obligations 2
  • Article   4.5 General Principles 2
  • Article   4.6 Competent Authorities 2
  • Article   4.7 Trade Facilitation 2
  • Article   4.8 Transparency 2
  • Article   4.9 Emergency Measures 2
  • Article   4.10 Equivalence 2
  • Article   4.11 Import Requirements 2
  • Article   4.12 Coordinators 2
  • Article   4.13 Sub-committee on Sanitary and Phytosanitary Measures 2
  • Article   4.14 Technical Cooperation 2
  • Article   4.15 Final Provisions 2
  • Chapter   5 TECHNICAL BARRIERS TO TRADE 2
  • Article   5.1 Objectives 2
  • Article   5.2 Scope and Definitions 2
  • Article   5.3 Affirmation of the TBT Agreement 2
  • Article   5.4 Joint Cooperation 2
  • Article   5.5 International Standards 2
  • Article   5.6 Technical Regulations 2
  • Article   5.7 Conformity Assessment Procedures 3
  • Article   5.8 Transparency 3
  • Article   5.9 Market Surveillance 3
  • Article   5.10 Marking and Labelling 3
  • Article   5.11 Coordinators 3
  • Article   5.12 Final Provisions 3
  • Chapter   6 CUSTOMS AND TRADE FACILITATION 3
  • Article   6.1 Agreement on Trade Facilitation 3
  • Article   6.2 Advance Rulings 3
  • Article   6.3 Single Window 3
  • Article   6.4 Transparency 3
  • Article   6.5 Temporary Admission of Goods 3
  • Article   6.6 Technical Cooperation 3
  • Article   6.7 Customs Contact Points 3
  • Chapter   7 CROSS BORDER TRADE IN SERVICES 3
  • Article   7.1 Definitions 3
  • Article   7.2 Scope and Coverage 3
  • Article   7.3 National Treatment (4) 3
  • Article   7.4 Market Access 4
  • Article   7.5 Local Presence 4
  • Article   7.6 Non-Conforming Measures 4
  • Article   7.7 Domestic Regulation 4
  • Article   7.8 Recognition 4
  • Article   7.9 Transfers and Payments 4
  • Article   7.10 Denial of Benefits 4
  • Article   7.11 Review of Commitments 4
  • Chapter   8 TELECOMMUNICATIONS 4
  • Article   8.1 Definitions 4
  • Article   8.2 Scope and Coverage 4
  • Article   8.3 Access to and Use (6) of Public Telecommunications Services 4
  • Article   8.4 Competitive Safeguards on Major Suppliers 4
  • Article   8.5 Interconnection 4
  • Article   8.6 Interconnection with a Major Supplier 4
  • Article   8.7 Co-Location by Major Suppliers 4
  • Article   8.8 Access to Poles, Ducts, Conduits, and Rights-of-way Owned or Controlled by Major Suppliers 4
  • Article   8.9 Licensing Process 4
  • Article   8.10 Allocation and Use of Scarce Resources 4
  • Article   8.11 Universal Service 4
  • Article   8.12 Number Portability 4
  • Article   8.13 International Submarine Cable Systems 4
  • Article   8.14 Independent Regulators 5
  • Article   8.15 International Mobile Roaming 5
  • Article   8.16 Resolution of Telecommunications Disputes 5
  • Article   8.17 Transparency 5
  • Article   8.18 Flexibility In the Choice of Technology 5
  • Article   8.19 Relationship to other Chapters 5
  • Chapter   9 ELECTRONIC COMMERCE 5
  • Article   9.1 Definitions 5
  • Article   9.2 Scope and General Provisions 5
  • Article   9.3 Customs Duties 5
  • Article   9.4 Non-Discriminatory Treatment of Digital Products 5
  • Article   9.5 Domestic Electronic Transactions Framework 5
  • Article   9.6 Electronic Authentication and Electronic Signatures 5
  • Article   9.7 Personal Data Protection (9) 5
  • Article   9.8 Paperless Trading 5
  • Article   9.9 Cooperation 5
  • Chapter   10 FINANCIAL SERVICES 5
  • Article   10.1 Definitions 5
  • Article   10.2 Scope and Coverage 5
  • Article   10.3 National Treatment 6
  • Article   10.4 Market Access for Financial Institutions 6
  • Article   10.5 Cross-Border Trade In Financial Services 6
  • Article   10.6 Non-Conforming Measures 6
  • Article   10.7 New Financial Services (12) 6
  • Article   10.8 Regulatory Transparency 6
  • Article   10.9 Recognition of Prudential Measures 6
  • Article   10.10 Self-Regulatory Organisations 6
  • Article   10.11 Payment and Clearing Systems 6
  • Article   10.12 Transfers of Information and Processing of Information 6
  • Article   10.13 Treatment of Certain Information 6
  • Article   10.14 Exceptions 6
  • Article   10.15 Consultation 6
  • Article   10.16 Dispute Settlement 6
  • Article   10.17 Modification or Addition of Reservations 6
  • Chapter   11 TEMPORARY MOVEMENT OF NATURAL PERSONS 6
  • Article   11.1 Objectives and Scope 6
  • Article   11.2 Definitions 6
  • Article   11.3 Grant of Entry and Temporary Stay 6
  • Article   11.4 Provision of Information 6
  • Article   11.5 Expeditious Application Procedures 6
  • Article   11.6 Dispute Settlement 6
  • Chapter   12 Investment 6
  • Article   12.1 Definitions 6
  • Section   12-A INVESTMENT 7
  • Article   12.2 Scope and Coverage 7
  • Article   12.3 Minimum Standard of Treatment 7
  • Article   12.4 National Treatment 7
  • Article   12.5 Most-Favoured-Nation Treatment 7
  • Article   12.6 Compensation for Losses 7
  • Article   12.7 Performance Requirements (24) 7
  • Article   12.8 Senior Management and Boards of Directors 7
  • Article   12.9 Non-Conforming Measures 7
  • Article   12.10 Special Formalities and Treatment of Information 7
  • Article   12.11 Expropriation (28) 7
  • Article   12.12 Transfers 7
  • Article   12.13 Subrogation 7
  • Section   12-B INVESTOR-STATE DISPUTE SETTLEMENT 7
  • Article   12.14 Scope 7
  • Article   12.15 Institution of Arbitral Proceedings 7
  • Article   12.16 Constitution of Arbitral Tribunal 8
  • Article   12.17 Place of Arbitration 8
  • Article   12.18 Conduct of the Arbitration 8
  • Article   12.19 Interim Measures of Protection and Diplomatic Protection 8
  • Article   12.20 Award 8
  • Article   12.21 Consolidation 8
  • Section   12-C FINAL PROVISIONS 8
  • Article   12.22 Denial of Benefits 8
  • Article   12.23 Publication of International Agreements 8
  • Article   12.24 General Exceptions (36)  8
  • Article   12.25 Savings Clause 8
  • Article   12.26 Term of Investment Promotion and Protection Agreement 8
  • Annex 12-A  EXPROPRIATION 8
  • Chapter   13 GOVERNMENT PROCUREMENT 8
  • Article   13.1 Definitions 8
  • Article   13.2 Scope and Coverage 8
  • Article   13.3 Security and General Exceptions 9
  • Article   13.4 General Principles 9
  • Article   13.5 Industry Development 9
  • Article   13.6 Information on the Procurement System 9
  • Article   13.7 Notices 9
  • Article   13.8 Conditions for Participation 9
  • Article   13.9 Qualification of Suppliers 9
  • Article   13.10 Technical Specifications and Tender Documentation 10
  • Article   13.11 Time Periods 10
  • Article   13.12 Negotiations 10
  • Article   13.13 Limited Tendering 10
  • Article   13.14 Electronic Auctions 10
  • Article   13.15 Treatment of Tenders and Awarding of Contracts 10
  • Article   13.16 Transparency of Procurement Information 10
  • Article   13.17 Disclosure of Information 10
  • Article   13.18 Domestic Review Procedures 10
  • Article   13.19 Modifications and Rectifications to Coverage 10
  • Chapter   14 COMPETITION AND RELATED MATTERS 11
  • Article   14.1 Principles 11
  • Article   14.2 Implementation 11
  • Article   14.3 Cooperation and Coordination In Law Enforcement 11
  • Article   14.4 Confidentiality 11
  • Article   14.5 Consultation 11
  • Article   14.6 Dispute Settlement 11
  • Chapter   15 INTELLECTUAL PROPERTY 11
  • Section   15-A PRINCIPLES 11
  • Article   15.1 Scope and Definitions 11
  • Article   15.2 Exhaustion 11
  • Section   15-B STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS 11
  • Subsection   15-B-1 COPYRIGHT AND RELATED RIGHTS 11
  • Article   15.3 Protection Granted 11
  • Article   15.4 Term of Protection 11
  • Article   15.5 Presumptions Relating to Copyright and Related Rights 11
  • Article   15.6 Cooperation on Collective Management of Rights 11
  • Article   15.7 Protection of Technological Measures 11
  • Article   15.8 Protection of Rights Management Information 11
  • Subsection   15-B-2 TRADEMARKS 11
  • Article   15.9 International Agreements 11
  • Article   15.10 Registration Procedure 11
  • Article   15.11 Well-Known Trademarks 11
  • Article   15.12 Exceptions to the Rights Conferred by a Trademark 11
  • Subsection   15-B-3 GEOGRAPHICAL INDICATIONS (46) 11
  • Article   15.13 Scope 11
  • Article   15.14 System of Protection of Geographical Indications 11
  • Subsection   15-B-4 DESIGNS 11
  • Article   15.15 Requirements for Protection of Registered Designs 11
  • Article   15.16 Rights Conferred by Registration 11
  • Article   15.17 Term of Protection 11
  • Article   15.18 Exceptions 11
  • Subsection   15-B-5 PATENTS 11
  • Article   15.19 International Agreements 11
  • Article   15.20 Patents and Public Health 11
  • Subsection   15-B-6 PROTECTION OF TEST DATA 11
  • Article   15.21 Protection of Test Data Submitted to Obtain an Administrative Marketing Approval to Put an Agricultural Chemical Product on the Market 11
  • Subsection   15-B-7 PLANT VARIETIES 11
  • Article   15.22 International Agreements 11
  • Section   15-C ENFORCEMENT 11
  • Article   15.23 Enforcement of Intellectual Property Rights 11
  • Section   15-D COOPERATION 11
  • Article   15.24 COOPERATION 11
  • Chapter   16 TRANSPARENCY 11
  • Article   16.1 Definitions 11
  • Article   16.2 Publication 11
  • Article   16.3 Notification and Provision of Information 12
  • Article   16.4 Administrative Proceedings 12
  • Article   16.5 Review of Administrative Actions 12
  • Article   16.6 Specific Rules 12
  • Chapter   17 DISPUTE SETTLEMENT 12
  • Article   17.1 Objective 12
  • Article   17.2 Scope 12
  • Article   17.3 Choice of Forum 12
  • Article   17.4 Consultations 12
  • Article   17.5 Initiation of Arbitration Procedure 12
  • Article   17.6 Terms of Reference 12
  • Article   17.7 Composition and Establishment of the Arbitration Panel 12
  • Article   17.8 Proceedings of the Arbitration Panel 12
  • Article   17.9 Arbitration Panel Report 12
  • Article   17.10 Implementation of the Arbitration Panel Report 12
  • Article   17.11 Compensation and Suspension of Concessions or other Obligations 12
  • Article   17.12 Review of Any Measure Taken to Comply after the Suspension of Concessions or other Obligations 12
  • Article   17.13 Suspension and Termination of Arbitration Procedures 12
  • Article   17.14 Mutually Agreed Solution 12
  • Article   17.15 Rules of Procedure 12
  • Article   17.16 Rules of Interpretation 12
  • Article   17.17 Expenses 12
  • Chapter   18 INSTITUTIONAL, GENERAL AND FINAL PROVISIONS 12
  • Article   18.1 Joint Committee 12
  • Article   18.2 Committees and Working Groups 12
  • Article   18.3 Evolving WTO Law 12
  • Article   18.4 Decision-making 12
  • Article   18.5 Taxation 13
  • Article   18.6 Restrictions to Safeguard the Balance-of-Payments 13
  • Article   18.7 General Exceptions 13
  • Article   18.8 Security Exceptions 13
  • Article   18.9 Disclosure of Information 13
  • Article   18.10 Amendments 13
  • Article   18.11 Entry Into Force 13
  • Article   18.12 Duration 13
  • Article   18.13 Annexes, Appendices, Joint Declarations and Protocols 13
  • Article   18.14 Relations with other Agreements 13
  • Article   18.15 Territorial Application 13
  • Article   18.16 Contact Points 13
  • Article   18.17 Authentic Texts 13