Description: Trade in Services:
Foreign nationals or enterprises domiciled abroad that supply scientific research and bioprospecting (2) services with regard to biodiversity (3) in Costa Rica shall designate a legal representative that resides in Costa Rica. A license for scientific or cultural collection of species, scientific hunting, and scientific or cultural fishing shall be issued for a maximum of one year for nationals or residents, and six months or less for all other foreigners. Nationals and residents shall pay a lower fee than non-resident foreigners to obtain this license.
Sector: Free Zones
Obligations Concerned: Performance Requirements
Measures: Law No. 7210 – Ley de Régimen de Zonas Francas – Article 22. Executive Decree No. 34739 – Reglamento a la Ley de Régimen de Zonas Francas – Chapter 13.
Description: Investment:
An enterprise established in the Free Zone in Costa Rica may not introduce more than twenty five percent of its total sales in goods or fifty percent of its total sales in services into Costa Rica’s customs territory. An enterprise established in the Free Zone in Costa Rica that only repackages or redistributes goods but does not alter them may not introduce any such goods into Costa Rica’s customs territory.
Sector: Education Services
Obligations Concerned: National Treatment, Senior Management and Board of Directors
Measures: Executive Decree No. 30431 – Reglamento de la Educación Superior Parauniversitaria – Articles 6, 16 and 61.
Description: Trade in Services and Investment:
No less than eighty five percent of the faculty, administrative faculty, administrative staff and senior management of a private institute of higher education must be Costa Rican nationals.
Sector: News Agency Services
Obligations Concerned: National Treatment, Local Presence
Measures: Executive Decree No. 32599 – Reglamento del Colegio de Periodistas – Articles 3, 47 and 48.
Description: Trade in Services:
Except as authorized, a journalist who is a foreign national may cover events in Costa Rica only if he or she is a resident of Costa Rica. The Board of Directors of the Colegio de Periodistas may grant non-resident foreign nationals a special permit to cover events in Costa Rica for up to one year and may extend that period, provided that doing so does not harm or conflict with the interests of members of the Colegio de Periodistas. If the Colegio de Periodistas decides that an event of international importance will or has occurred in Costa Rica, the Colegio de Periodistas may grant a non-resident foreign national with appropriate professional credentials a temporary permit to cover the event for the foreign media the journalist represents. Such permit may be valid for up to one month after the event.
Sector: Tourism Marinas and Related Services
Obligations Concerned: National Treatment, Market Access, Local Presence
Measures: Law No. 7744 – Ley de Concesión y Operación de Marinas Turísticas – Articles 1, 12, and 21. Executive Decree No. 27030 – Reglamento a la Ley de Concesión y Operación de Marinas Turísticas – Article 52.
Description: Trade in Services and Investment:
To obtain concessions to develop tourism marinas or docking facilities, enterprises with their principal place of business abroad must be established in Costa Rica. Foreign nationals shall appoint a representative with sufficient legal authority and with permanent residence in Costa Rica. All foreign flag vessels using marina services may remain in the Costa Rican exclusive economic zone for a maximum period of two years, extendable for like periods. While in Costa Rica, foreign flag vessels and their crew cannot supply water transportation services or fishing, diving, or other sports or tourism-related activities, except tourism cruises.
Sector: On Premise Supply of Liquors for Consumption
Obligations Concerned: Market Access
Measures: Law No. 10 – Ley sobre la Venta de Licores – Articles 8, 11 and 16.
Description: Trade in Services:
Municipalities decide the number of establishments selling liquor that can be authorized in each one of the areas under their jurisdiction. In no case can this number exceed the following proportion: (a) In province capitals, one establishment selling foreign liquor and one establishment selling domestic liquor per three hundred residents; (b) In all other cities with over one thousand residents, one establishment selling foreign liquor per five hundred residents and one establishment selling domestic liquor per three hundred residents; (c) Cities under one thousand residents but over five hundred residents may have two establishments selling foreign liquor and two selling domestic liquor; and (d) Any other cities with five hundred residents or less may have one establishment selling foreign liquor and one establishment selling domestic liquor. No establishment for on-premise supply of liquors for consumption will be allowed outside the perimeter of cities or where no permanent police authority exists. In a public auction, no person may receive authorization for more than one establishment selling foreign liquor and one establishment selling domestic liquor in the same city.
Annex I. Non-Conforming Measures. Schedule of Singapore
Explanatory Note
1. A Party’s Schedule to this Annex sets out, pursuant to Articles 10.7 (Non-Conforming Measures) of Chapter 10 (Trade in Services) and Article 11.13 (Non-Conforming Measures) of Chapter 11 (Investment), the reservations taken by that Party with respect to measures that do not conform to some or all of the obligations imposed by:
(a) Article 10.5 (Market Access) of Chapter 10 (Trade in Services);
(b) Article 10.3 (National Treatment) of Chapter 10 (Trade in Services) or Article 11.4 (National Treatment) of Chapter 11 (Investment);
(c) Article 10.4 (Most-Favoured-Nation Treatment) of Chapter 10 (Trade in Services) or Article 11.5 (Most-Favoured-Nation Treatment) of Chapter 11 (Investment);
(d) Article 10.6 (Local Presence) of Chapter 10 (Trade in Services);
(e) Article 11.8 (Performance Requirements) of Chapter 11(Investment); or
(f) Article 11.12 (Senior Management and Board of Directors) of Chapter 11 (Investment).
2. All measures affecting Article 10.5 (Market Access), Article 10.3(National Treatment) and Article 10.6 (Local Presence) of Chapter 10 (Trade in Services), and Article 11.4 (National Treatment), Article 11.5 (Most-Favoured-Nation Treatment), 11.8 (Performance Requirements) and Article 11.12 (Senior Management and Board of Directors) of Chapter 11 (Investment), shall be stated in the Description of Reservation element. In the interpretation of a reservation, all elements of the reservations shall be considered in their totality.
3. A National Treatment reservation includes a reservation in respect of National Treatment under Chapter 10 (Trade in Services) and Chapter 11 (Investment) unless the context or circumstances require otherwise.
4. The reservations and commitments relating to trade in services shall be read together with the relevant guidelines, stated in GATT documents MTN.GNS/W/164 dated 3 September 1993 and MTN.GNS/W/164 Add. 1 dated 30 November 1993.Annex I - SG - 2
5. Each Schedule entry sets out the following elements:
(a) Sector refers to the general sector for which the entry is made;
(b) Sub-Sector, for Singapore, refers to the specific subsector for which the entry is made;
(c) Industry Classification refers, for Singapore, where applicable, 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) Type of Reservation specifies the obligation(s) (Market Access, National Treatment, Most-Favoured-Nation Treatment, Performance Requirements, Local Presence and Senior Management and Board of Directors) for which a reservation is taken;
(e) Source of Measure identifies the laws, regulations, rules, procedures, administrative actions or any other form for which the reservation is taken. A measure cited in the Source of Measure element:
i. means the measure as amended, continued or renewed as of the date of entry into force of this Agreement, and
ii. includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and
(f) Description of Reservation, for Singapore, sets out the non-conforming measures to which the reservation applies.
Sector: All
Sub-Sector: -
Industry classification: -
Type of Reservation: Market Access, National Treatment
Source of Measure: Insurance Act, Cap. 142, MAS Notice 149, Banking Act, Cap. 19, MAS Notice 757, Finance Companies Act, Cap. 108, MAS Notice 816, Monetary Authority of Singapore Act, Cap. 186, MAS Notice 1105, Securities and Futures Act 2001, Act 42 of 2001, MAS Notice 1201
Description of Reservation: Trade in Services and Investment:
Financial institutions extending Singapore dollar (S$) credit facilities exceeding S$5 million per entity to non-resident financial entities or arranging S$ equity or bond issues for non-residents, shall ensure that where the S$ proceeds are to be used outside Singapore, they are swapped or converted into foreign currency upon draw-down or before remittance abroad.
Financial institutions shall not extend S$ credit facilities to non-resident financial entities if there is reason to believe that the S$ proceeds may be used for S$ currency speculation.
The term “non-resident” is as defined in MAS notice 757 issued under the Banking Act.
Sector: All
Sub-Sector: -
Industry Classification: -
Type of Reservation: Market Access, National Treatment
Source of Measure: This is an administrative policy of the Government of Singapore and is inscribed in the Memorandum and Articles of Association of PSA Corporation.
Description of Reservation: Trade in Services and Investment:
The aggregate of foreign shareholdings in PSA Corporation and/or its successor body is subject to a 49% limit. The “aggregate of foreign shareholdings” is defined as the total number of shares owned by: (a) any individual who is not a Singapore citizen; (b) any corporation which is not more than 50% owned by Singapore citizens or by the Singapore Government; and/or (c) any other enterprise which is not owned or controlled by the Singapore Government.
Sector: All
Sub-Sector: -
Industry Classification: -
Type of Reservation: Market Access, National Treatment
Source of Measure: This is an administrative policy of the Government of Singapore and is inscribed in the Memorandum and Articles of Association of the relevant enterprises below.
Description of Reservation: Trade in Services and Investment:
All individual investors, apart from the Singapore government, will be subject to the following equity ownership limits in the enterprises, and/or its successor bodies, as listed below: (a) Singapore Technologies Engineering – 15%; (b) PSA Corporation – 5%; (c) Singapore Airlines – 5%; (d) Singapore Power, Power Grid, Power Supply, Power Gas – 10%. For the purposes of this reservation, ownership of equity by an investor in these enterprises and/or its successor bodies includes both direct and indirect ownership of equity.
Sector: All
Sub-Sector: -
Industry Classification: -
Type of Reservation: Market Access, National Treatment, Local Presence
Source of Measure: Business Registration Act, Cap. 32 Business Registration Regulations Companies Act, Cap. 50 Limited Liability Partnerships Act, Cap. 163A Limited Liability Partnerships Regulations Limited Partnerships Act Limited Partnerships Regulations
Description of Reservation: Trade in Services and Investment:
Business Registration Act, Cap. 32, 2001 Revised Edition
Only a service supplier who is a Singapore citizen, Singapore permanent resident or Singapore EntrePass holder shall be allowed to register a business without appointing a local manager. A local manager can be a Singapore citizen, Singapore permanent resident or Singapore EntrePass holder.
Companies Act, Cap. 50, 1994 Revised Edition
All locally incorporated companies shall comply with the following requirements: (a) at least 1 director of the company shall be ordinarily resident in Singapore; (b) all branches of foreign companies registered in Singapore shall have at least 2 agents resident in Singapore.
Limited Liability Partnerships Act, Cap. 163A, 2006 Revised Edition
Every limited liability partnership shall ensure that it has at least 1 manager who is ordinarily resident in Singapore.
Limited Partnerships Act, Act 37 of 2008
Where every general partner of a limited partnership registered or to be registered under this Act is ordinarily resident outside Singapore, a local manager may need to be appointed. To be ordinarily resident or resident under the Companies Act, Limited Liability Partnerships Act and Limited Partnerships Act, a person can be either a Singapore citizen or Singapore permanent resident or EntrePass holder.
Sector: All
Sub-Sector: -
Industry Classification: -
Type of Reservation: National Treatment, Most-Favoured-Nation Treatment
Source of Measure: State Lands Act, Cap. 314, Sections 3 and 19 (1)
Description of Reservation: Investment:
Singapore may divest State Land in a manner inconsistent with Articles on National Treatment, and Most-Favoured-Nation Treatment.
Sector: Business Services
Sub-Sector: Architectural Services. Architectural services includes preparing and selling or supplying for gain or reward any architectural plan, drawing, tracing, design, specification, or the like for use in the construction, enlargement or alteration of any building or part thereof. It includes the certification and inspection of buildings for compliance with a building authority or public authority.
Industry Classification: -
Type of Reservation: Market Access, National Treatment, Local Presence
Source of Measure: Architects Act, Cap.12, 2000 Revised Edition
Description of Reservation: Trade in Services and Investment:
Only persons who are registered with the Board of Architects (BOA) and/or its successor body and resident in Singapore are allowed to provide architectural services. All corporations, limited liability partnerships and partnerships (including those which are providing architectural services as part of a multi-disciplinary corporation or practice) providing architectural services shall obtain a licence from the Board of Architects (BOA) and/or its successor body. To qualify for the licence, the corporation or partnership shall:
(a) be under the control and management of a director or partner who is a Singapore-registered architect; where a multi-disciplinary corporation or partnership is concerned, the business of the corporation or partnership relating to architectural services shall be under the control and management of a director or partner who is a Singapore-registered architect; and
(b) where limited corporations are concerned, the majority of the directors of a corporation shall be Singapore-registered architects or allied professionals; where unlimited corporations are concerned, the majority of directors shall be registered professional architects or allied professionals who have in force practicing certificates; where partnerships are concerned, the beneficial interest in the capital assets and profits of the partnership shall be held by Singapore-registered architects or allied professionals who have in force practicing certificates.
Allied professionals are Singapore-registered land surveyors and engineers.
Sector: Business Services
Sub-Sector: Public Accountancy Services (including statutory audit)
Industry Classification: CPC 86211 Financial auditing services CPC 86309 Other Tax-related services
Type of Reservation: Market Access, National Treatment, Local Presence
Source of Measure: Accountants Act, Cap. 2, Sections 2, 10(1), 17(3)(d), 18(3)(c) and 18A(3)(e) Accountants (Public Accountants) Rules, Cap. 2, R1 – Second Schedule, Paragraph 7 Companies Act, Cap. 50, Section 9
Description of Reservation: Trade in Services and Investment:
Only public accountants, accounting firms, accounting corporations or accounting LLPs may provide public accountancy services. Public accountants must be registered with the Accounting and Corporate Regulatory Authority (ACRA) and fulfil the registration requirements under the Accountants Act, including requirements pertaining to qualifications, experience as well as membership with the Institute of Certified Public Accountants of Singapore (ICPAS). Accounting firms, accounting corporations and accounting LLPs must be approved by the Public Accountants Oversight Committee, which is a Board Committee of ACRA under the Accountants Act. The business of an accounting firm, accounting corporation or an accounting LLP, so far as it relates to the provision/supply of public accountancy services in Singapore, shall be under the control and management of one or more directors (in the case of accounting corporation) or a partner (in the case of accounting firm) who is / are (a) public accountant(s) ordinarily resident in Singapore (1).
Sector: Business Services – Professional Services
Sub-Sector: Land Surveying Services
Industry Classification: -
Type of Reservation: Market Access, National Treatment, Local Presence
Source of Measure: Land Surveyors Act, Cap. 156, 2006 Revised Edition, Sections 12 – 23 Land Surveyors Rules, Rules 2 – 20
Description of Reservation: Trade in Services and Investment: All persons seeking to provide land surveying services in Singapore are required to register with the Land Surveyors Board (LSB) and/or its successor body, and physically present in Singapore for the duration of the land surveying project which requires his supervision and/or certification. All corporations, limited liability partnerships and partnerships (including those which are providing land surveying services as part of a multi-disciplinary corporation or practice) seeking to provide land surveying services must obtain a licence from the Board. To qualify for the licence, the corporation or partnership must: (a) be under the control and management of a director or partner who is a Singapore-registered surveyor; where a multi-disciplinary corporation or partnership is concerned, the business of the corporation or partnership relating to land surveying services must be under the control and management of a director or partner who is a Singapore-registered surveyor; and (b) where limited corporations are concerned, a simple majority of its directors must be Singapore-registered surveyors or allied professionals; where unlimited corporations are concerned, the directors or members shall be Singapore-registered surveyors or allied professionals; where partnerships are concerned, only Singapore-registered surveyors and allied professionals can have a beneficial interest in the capital assets and profits of the partnership. Allied professionals are Singapore-registered engineers and architects.
Sector: Business Services
Sub-Sector: Leasing or rental services concerning private cars, goods transport vehicles and other land transport equipment without operator
Industry Classification: CPC 83101, 83102, 83105 Leasing or rental services concerning private cars, goods transport vehicles and other land transport equipment without operator
Type of Reservation: Market Access, National Treatment
Source of Measure: Road Traffic Act, Cap. 276, 1994 Edition
Description of Reservation: Trade in Services and Investment:
The cross-border rental of private cars, goods transport vehicles and other land transport equipment without operator by Singapore residents with the intent to use the vehicles in Singapore is prohibited.
Sector: Business Services
Sub-Sector: Patent Agent Services
Industry Classification: -
Type of Reservation: Market Access, National Treatment, Local Presence
Source of Measure: Patents Act, Cap. 221, 1995 Revised Edition
Description of Reservation: Trade in Services and Investment:
Only service suppliers registered with the Intellectual Property Office of Singapore (IPOS) and/or its successor body and resident in Singapore shall be allowed to carry on a business, practise or act as a patent agent in Singapore. Only service suppliers which have at least 1 Singapore-registered patent agent resident in Singapore either as a director or partner, shall be allowed to carry on a business, practise or act as a patent agent in Singapore.
Sector: Business Services
Sub-Sector: Placement and supply services of personnel