Costa Rica - Singapore FTA (2010)
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Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment, Market Access, Local Presence

Description: Trade in Services and Investment:

Costa Rica reserves the right to adopt or maintain any measure with respect to importation, refining, wholesale and retail distribution of crude oil and its derivatives.

Sector: Environmental Services

Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment, Market Access, Local Presence, Performance Requirements, Senior Management and Board of Directors

Description: Trade in Services and Investment:

Costa Rica reserves the right to adopt or maintain any measure with respect to environmental services.

Sector: Land Planning and Development

Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment, Market Access, Local Presence, Performance Requirements, Senior Management and Board of Directors

Description: Trade in Services and Investment:

Costa Rica reserves the right to adopt or maintain any measure with respect to land planning and development, including land zoning, land use and urban planning policies.

Sector: Postal Services

Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment, Market Access, Local Presence, Performance Requirements, Senior Management and Board of Directors

Description: Trade in Services and Investment:

Costa Rica reserves the right to adopt or maintain any measure with respect to postal services.

Sector: Telecommunications, Audiovisual and Advertising Services

Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment, Market Access, Local Presence, Performance Requirements, Senior Management and Board of Directors

Description: Trade in Services and Investment: Costa Rica reserves the right to adopt or maintain any measure with respect to telecommunications; audiovisual, including broadcasting; and advertising services.

Sector: Arms and Explosives

Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment, Market Access, Local Presence, Performance Requirements, Senior Management and Board of Directors

Description: Trade in Services and Investment:

Costa Rica reserves the right to adopt or maintain any measure with respect to arms and explosives. The manufacture, use, sale, storage, transport, importation, exportation and possession of arms and explosives are regulated for protection of security interest.

Sector: Investigation and Security Services Obligations Concerned: National Treatment Most-Favoured-Nation Treatment Market Access Local Presence Performance Requirements Senior Management and Board of Directors Description: Trade in Services and Investment: Costa Rica reserves the right to adopt or maintain any measure with respect to investigation and security services.

Sector: Air Services

Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment, Market Access, Local Presence, Performance Requirements, Senior Management and Board of Directors

Description: Trade in Services and Investment:

Costa Rica reserves the right to adopt or maintain any measure with respect to air services, including freight and passengers transportation.

Sector: Maritime and Internal Waterways Transport Services

Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment, Market Access, Local Presence, Performance Requirements, Senior Management and Board of Directors

Description: Trade in Services and Investment: Costa Rica reserves the right to adopt or maintain any measure with respect to maritime and internal waterways transport services, including freight and passengers.

Sector: Services Auxiliary of all Modes of Transport

Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment, Market Access, Local Presence, Performance Requirements, Senior Management and Board of Directors

Description: Trade in Services and Investment:

Costa Rica reserves the right to adopt or maintain any measure with respect to the following services auxiliary of all modes of transport: cargo handling services; storage and warehousing services; supporting services for railway, road, water, and air transport; freight transport agency services; and other auxiliary transport services.

Sector: Passenger Land Transportation Services

Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment, Market Access, Local Presence

Description: Trade in Services and Investment:

Costa Rica reserves the right to adopt or maintain any measure with respect to passenger land transportation services which are not considered public transport services.

Annex II. 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 for sectors, sub-sectors or activities for which it may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by: 

(a) Article 10.3 (National Treatment) of Chapter 10 (Trade in Services) or Article 11.4 (National Treatment) of Chapter 11 (Investment); 

(b) 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); 

(c) Article 10.5 (Market Access) of Chapter 10 (Trade in Services); 

(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. The sectors, subsectors or activities to which a reservation applies shall be stated in the Description of Reservation element. In the interpretation of a reservation, all elements of the reservation 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 cross-border trade in services shall be read together with the relevant guidelines, stated in GATT documents MTN.GNS/W/164 dated 3 September 1993 and MTN.GNS/W/164 Add. 1 dated 30 November 1993.Annex II - 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) referred to in paragraph 1 that, pursuant to Article 10.7 (Non-Conforming Measures) of Chapter 10 (Trade in Services) and Article 11.13 (Non-Conforming Measures) of Chapter 11 (Investment) , do not apply to the sectors, sub-sectors or activities listed in the entry for which a reservation is taken; 

(e) Description of Reservation sets out the scope of the sector, sub-sector or activities to which the reservation applies; and 

(f) Existing Measures identifies, for transparency purposes, existing measures that apply to the sector, sub-sector or activities covered by the entry. The measures stipulated therein are not exhaustive.

Sector: All 

Sub-Sector: - 

Industry Classification: - 

Type of Reservation: Market Access, Most-Favoured-Nation Treatment, National Treatment,  Local Presence 

Description of Reservation:  Trade in Services: 

Singapore reserves the right to adopt or maintain any measure with respect to the supply of a service by the presence of natural persons, or other movement of natural persons, including immigration, entry or temporary stay. 

Existing Measures 

-

Sector: All

Sub-Sector: - Industry Classification: -

Type of Reservation: Market Access, National Treatment, Most-Favoured-Nation Treatment, Local Presence, Performance Requirement, Senior Management and Board of Directors

Description of Reservation: Trade in Services and Investment:

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

Existing Measures -

Sector: All

Sub-Sector: -

Industry Classification: -

Type of Reservation: Market Access, National Treatment, Most-Favoured-Nation Treatment, Local Presence, Performance Requirements, Senior Management and Board of Directors

Description of Reservation: Trade in Services and Investment:

Singapore reserves the right to maintain or adopt any measure affecting 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, social security and public training.

Existing Measures -

Sector: All

Sub-Sector: -

Industry Classification: -

Type of Reservation: Market Access, National Treatment, Most-Favoured-Nation Treatment, Local Presence, Performance Requirements, Senior Management and Board of Directors

Description of Reservation: Trade in Services and Investment:

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

Existing Measures: -

Sector: Urban and Land Planning and Development

Sub-Sector: -

Industry Classification: -

Type of Reservation: Market Access, National Treatment, Most-Favoured-Nation Treatment, Local Presence, Performance Requirements, Senior Management and Board of Directors

Description of Reservation: Trade in Services and Investment:

Singapore reserves the right to maintain or adopt any measure affecting the type of activities which may be conducted on land or the usage of land, including but not limited to, its land zoning, land use and urban planning policies.

Existing Measures: -

Sector: All

Sub-Sector: - Industry Classification: -

Type of Reservation: Market Access, National Treatment, Most-Favoured-Nation Treatment, Local Presence, Performance Requirements, Senior Management and Board of Directors

Description of Reservation: Trade in Services and Investment:

Singapore reserves the right to maintain or adopt any measure affecting, including but not limited to, the alienation and divestment of real estate owned by the State.

Existing Measures: State Lands Act, Cap. 314, 1996 Revised Edition

Sector: All

Sub-Sector: -

Industry Classification: -

Type of Reservation: Market Access, National Treatment, Most-Favoured-Nation Treatment, Local Presence, Performance Requirements, Senior Management and Board of Directors

Description of Reservation: Trade in Services and Investment:

Singapore reserves the right to maintain or adopt any measure affecting: (a) the full or partial devolvement to the private sector of services provided in the exercise of governmental authority; (b) the divestment of its equity interests in, and/or the assets of, an enterprise that is wholly owned by the Singapore government; and (c) the divestment of its equity interests in, and/or the assets of, an enterprise that is partially owned by the Singapore government.

Existing Measures: -

Sector: Administration and Operation of National Electronic Systems

Sub-Sector: -

Industry Classification: -

Type of Reservation: Market Access, National Treatment, Most-Favoured-Nation Treatment, Local Presence, Performance Requirements, Senior Management and Board of Directors

Description of Reservation: Trade in Services and Investment:

Singapore reserves the right to maintain or adopt any measure affecting the administration and operation of any national electronic system which contains proprietary information of the government or information gathered pursuant to regulatory functions and powers. Such measures apply to existing national electronic systems like TradeNet and Marinet and any other national electronic systems that may be established in the future.

Existing Measures: -

Sector: Arms and Explosives

Sub-Sector: -

Industry Classification: -

Type of Reservation: Market Access, National Treatment, Most-Favoured-Nation Treatment, Local Presence, Performance Requirements, Senior Management and Board of Directors

Description of Reservation: Trade in Services and Investment:

Singapore reserves the right to maintain or adopt any measure affecting the arms and explosives sector. The manufacture, use, sale, storage, transport, importation, exportation and possession of arms and explosives are regulated for protection of vital security interests.

Existing Measures: Arms and Explosives Act, Cap. 13, Revised Edition 1985

Sector: Broadcasting Services. Broadcasting services refers to the scheduling of a series of literary and artistic works by a content provider for aural and/or visual reception, and for which the content consumer has no choice over the scheduling of the series.

Sub-Sector: -

Industry Classification: -

Type of Reservation: Market Access, National Treatment, Most-Favoured-Nation Treatment, Local Presence, Performance Requirements, Senior Management and Board of Directors

Description of Reservation: Trade in Services and Investment:

Singapore reserves the right to maintain or adopt any measure affecting broadcasting services receivable by Singapore’s domestic audience and to the allocation of spectrum in relation to broadcasting services. This reservation does not apply to the sole activity of transmitting licensed broadcasting services to a final consumer. Commitments in production, distribution and public display of sound recordings shall not include all the broadcasting and audiovisual services and materials that are broadcasting-related. Examples of services that are reserved include: free-to-air broadcasting, cable and pay television, direct broadcasting by satellite and teletext.

Existing Measures: -

Sector: Broadcasting, Entertainment and Cultural Services

Sub-Sector: - Industry Classification: -

Type of Reservation: Market Access, National Treatment, Most-Favoured-Nation Treatment, Local Presence, Performance Requirements, Senior Management and Board of Directors

Description of Reservation: Trade in Services and Investment:

  • Chapter   1 Initial Provisions and General Definitions 1
  • Section   A Initial Provisions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Relation to other Agreements 1
  • Section   B General Definitions 1
  • Article   1.4 Definitions of General Application 1
  • Article   1.5 Country-specific Definitions 1
  • Chapter   2 Trade In Goods 1
  • Article   2.1 Scope and Coverage 1
  • Article   2.2 Definitions 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Elimination of Customs Duties 1
  • Article   2.5 Accelerated Customs Duties Elimination 1
  • Article   2.6 Export Taxes 1
  • Article   2.7 Customs Valuation 1
  • Article   2.8 Administrative Fees and Formalities 1
  • Article   2.9 Consular Fees 1
  • Article   2.10 Temporary Admission of Goods 1
  • Article   2.11 Goods Re-entered after Repair or Alteration 1
  • Article   2.12 Duty-free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 1
  • Article   2.13 Import and Export Restrictions 1
  • Article   3.1 Definitions 1
  • Article   3.2 Originating Goods 2
  • Article   3.3 Minimal Operations 2
  • Article   3.4 Wholly Obtained or Produced Goods 2
  • Article   3.5 Not Wholly Obtained or Produced Goods 2
  • Article   3.6 Qualifying Value Content 2
  • Article   3.7 Value of Materials 2
  • Article   3.8 De Minimis 2
  • Article   3.9 Accumulation 2
  • Article   3.10 Accessories, Spare Parts, Tools 2
  • Article   3.11 Packaging Materials and Containers for Retail Sale 2
  • Article   3.12 Packing Materials and Containers for Shipment 2
  • Article   3.13 Fungible Goods and Materials 2
  • Article   3.14 Indirect Materials Used In Production 2
  • Article   3.15 Transit Through Non-parties 2
  • Chapter   4 Customs 2
  • Section   A Customs Procedures 2
  • Article   4.1 Publication 2
  • Article   4.2 Release of Goods 2
  • Article   4.3 Automation 2
  • Article   4.4 Risk Management 2
  • Article   4.5 Cooperation 2
  • Article   4.6 Confidentiality 2
  • Article   4.7 Review and Appeal 2
  • Article   4.8 Penalties 3
  • Article   4.9 Advance Rulings 3
  • Article   4.10 Resolution of Disputes on Classification of Goods 3
  • Section   B Customs Procedures Relating to Origin 3
  • Article   4.11 Definitions 3
  • Article   4.12 Claims for Preferential Treatment 3
  • Article   4.13 Waiver of Certification of Origin 3
  • Article   4.14 Record Keeping Requirement 3
  • Article   4.15 Verification of Origin 3
  • Article   4.16 Obligations Relating to Importations 3
  • Article   4.17 Obligations Relating to Exportations 3
  • Article   4.18 Third Party Invoicing 3
  • Chapter   5 Sanitary and Phytosanitary Measures 3
  • Article   5.1 Objectives 3
  • Article   5.2 Definitions 3
  • Article   5.3 Scope and Coverage 3
  • Article   5.4 General Provisions 3
  • Article   5.5 Trade Facilitation 3
  • Article   5.6 Transparency 3
  • Article   5.7 SPS Coordinators 3
  • Article   5.8 Technical Cooperation 3
  • Article   5.9 Final Provisions 3
  • Chapter   6 Technical Barriers to Trade 3
  • Article   6.1 Objective 3
  • Article   6.2 Scope and Coverage 3
  • Article   6.3 Definitions 3
  • Article   6.4 Technical Regulations 3
  • Article   6.5 Standards 4
  • Article   6.6 Conformity Assessment Procedures 4
  • Article   6.7 Transparency 4
  • Article   6.8 Trade Facilitation 4
  • Article   6.9 Information Exchange 4
  • Article   6.10 Confidentiality 4
  • Article   6.11 TBT Coordinators 4
  • Article   6.12 Final Provisions 4
  • Chapter   7 Trade Remedies 4
  • Section   A Global Safeguard Measures 4
  • Article   7.1 Global Safeguard Measures 4
  • Section   B Bilateral Safeguard Measures 4
  • Article   7.2 Definitions 4
  • Article   7.3 Imposition of a Safeguard Measure 4
  • Article   7.4 Investigation Procedures and Transparency Requirement 4
  • Article   7.5 Provisional Safeguard Measures 4
  • Article   7.6 Notification and Consultations 4
  • Article   7.7 Compensation and Suspension of Concessions 4
  • Section   C Antidumping, Subsidies and Countervailing Measures 4
  • Article   7.8 General Provision 4
  • Article   7.9 Agricultural Export Subsidies 4
  • Article   7.10 Transparency and Legal Certainty 4
  • Article   7.11 Lesser Duty Rule 4
  • Article   7.12 Consideration of Public Interest 4
  • Article   7.13 Prohibition of Zeroing  (8) 4
  • Chapter   8 Government Procurement 4
  • Article   8.1 Objective 4
  • Article   8.2 Definitions 4
  • Article   8.3 Scope and Coverage 4
  • Article   8.4 National Treatment and Non-discrimination 5
  • Article   8.5 Valuation of Procurements 5
  • Article   8.6 Rules of Origin 5
  • Article   8.7 Offsets 5
  • Article   8.8 Publication of Information on Procurement Measures 5
  • Article   8.9 Publication of Notice of Intended Procurement 5
  • Article   8.10 Time Limits for the Tendering Process 5
  • Article   8.11 Tender Documentation and Technical Specifications 5
  • Article   8.12 Qualification of Suppliers 5
  • Article   8.13 Ensuring Integrity In Procurement Practices 5
  • Article   8.14 Limited Tendering Procedures 5
  • Article   8.15 Evaluation of Tenders 5
  • Article   8.16 Information on Awards 5
  • Article   8.17 Modifications and Rectifications to Coverage 5
  • Article   8.18 Transparency 5
  • Article   8.19 Electronic Procurement 5
  • Article   8.20 Challenge Procedures 5
  • Article   8.21 Exceptions 5
  • Article   8.22 Non-disclosure of Information 5
  • Chapter   9 Competition Policy 5
  • Article   9.1 Objective 5
  • Article   9.2 Promotion of Competition 5
  • Article   9.3 Cooperation 5
  • Article   9.4 Consultations 5
  • Article   9.5 Transparency and Information Request 5
  • Article   9.6 Dispute Settlement 5
  • Chapter   10 Trade In Services 5
  • Article   10.1 Definitions 5
  • Article   10.2 Scope and Coverage 6
  • Article   10.3 National Treatment 6
  • Article   10.4 Most-favoured-nation Treatment 6
  • Article   10.5 Market Access 6
  • Article   10.6 Local Presence 6
  • Article   107 Non-conforming Measures 6
  • Article   10.8 Domestic Regulation 6
  • Article   10.9 Recognition 6
  • Article   10.10 Monopolies and Exclusive Service Suppliers 6
  • Article   10.11 Transfers and Payments 6
  • Article   10.12 Denial of Benefits 6
  • Chapter   11 Investment 6
  • Article   11.1 Definitions 6
  • Article   11.2 Scope and Coverage 6
  • Article   11.3 Financial Services  (20) 6
  • Article   11.4 National Treatment 6
  • Article   11.5 Most-favoured-nation Treatment 6
  • Article   11.6 Minimum Standard of Treatment 6
  • Article   11.7 Compensation for Losses 7
  • Article   11.8 Performance Requirements 7
  • Article   11.9 Special Formalities and Information Requirements 7
  • Article   11.10 Expropriation and Nationalization  (25) 7
  • Article   11.11 Transfers 7
  • Article   11.12 Senior Management and Board of Directors 7
  • Article   11.13 Non-conforming Measures 7
  • Article   11.14 Denial of Benefits 7
  • Article   11.15 Subrogation 7
  • Article   11.16 Investor-state Dispute Settlement 7
  • Annex 11.1  Expropriation and Nationalization 7
  • Chapter   12 Electronic Commerce 7
  • Article   12.1 General 7
  • Article   12.2 Definitions 7
  • Article   12.3 Electronic Supply of Services 7
  • Article   12.4 Digital Products 7
  • Article   12.5 Transparency 7
  • Article   12.6 Cooperation 7
  • Chapter   13 Intellectual Property and Innovation 7
  • Article   13.1 Principles 7
  • Article   13.2 General Provisions 8
  • Article   13.3 Genetic Resources, Traditional Knowledge and Folklore 8
  • Article   13.4 Patents and Public Health 8
  • Article   13.5 Geographical Indications 8
  • Article   13.6 Cooperation 8
  • Chapter   14 Cooperation, Promotion and Enhancement of Trade Relations 8
  • Section   A General Provisions 8
  • Article   14.1 General Objective 8
  • Article   14.2 Specific Objectives 8
  • Section   B Cooperation Areas 8
  • Article   14.3 Small and Medium Enterprises 8
  • Article   14.4 Promotion of Science and Technology, Innovation, Technology and Knowledge Transfer, and Entrepreneurship 8
  • Article   14.5 Export Promotion and Attraction of Investments 8
  • Article   14.6 Culture, Sports and Recreation Activities 8
  • Article   14.7 Agro-industrial Cooperation 8
  • Article   14.8 Environmental Cooperation 8
  • Article   14.9 Labour Cooperation 8
  • Article   14.10 Other Cooperation Areas 8
  • Article   14.11 Framework for Cooperation 8
  • Chapter   15 Transparency 8
  • Article   15.1 Definitions 8
  • Article   15.2 Contact Points 8
  • Article   15.3 Publication 8
  • Article   15.4 Notification and Provision of Information 9
  • Article   15.5 Administrative Proceedings 9
  • Article   15.6 Review and Appeal 9
  • Article   15.7 Specific Rules 9
  • Chapter   16 Administration of the Agreement 9
  • Article   16.1 The Free Trade Commission 9
  • Article   16.2 Free Trade Agreement Coordinators 9
  • Article   16.3 Administration of Dispute Settlement Proceedings 9
  • Annex 16.1  Implementation of Modifications Approved by the Commission 9
  • Annex 16.2  Remuneration and Payment of Common Expenses 9
  • Chapter   17 Dispute Settlement 9
  • Article   17.1 Cooperation 9
  • Article   17.2 Scope of Application 9
  • Article   17.3 Choice of Forum 9
  • Article   17.4 Consultations 9
  • Article   17.5 Good Offices, Conciliation and Mediation 9
  • Article   17.6 Request for a Panel 9
  • Article   17.7 List of Panelists 9
  • Article   17.8 Panel Selection 9
  • Article   17.9 Rules of Procedure 9
  • Article   17.10 Role of Experts 9
  • Article   17.11 Initial Report 9
  • Article   17.12 Final Report 9
  • Article   17.13 Request for Clarification of the Final Report 9
  • Article   17.14 Suspension and Termination of Proceedings 9
  • Article   17.15 Implementation of the Final Report 10
  • Article   17.16 Review of Any Measure Taken to Comply with the Final Report 10
  • Article   17.17 Non-implementation – Compensation and Suspension of Benefits 10
  • Article   17.18 Compliance Review 10
  • Article   17.19 Time Periods 10
  • Chapter   18 Exceptions 10
  • Article   18.1 Definitions 10
  • Article   18.2 General Exceptions 10
  • Article   18.3 Essential Security 10
  • Article   18.4 Taxation 10
  • Article   18.5 Restrictions to Safeguard the Balance of Payments 10
  • Article   18.6 Disclosure of Information 10
  • Chapter   19 Final Provisions 10
  • Article   19.1 Annexes, Appendices, and Footnotes 10
  • Article   19.2 Amendments 10
  • Article   19.3 Amendment of the Wto Agreement 10
  • Article   19.4 Entry Into Force 10
  • Article   19.5 Termination 10
  • Annex I  Non-Conforming Measures. Schedule of Costa Rica 10
  • Annex I  Non-Conforming Measures. Schedule of Singapore 11
  • Annex II  Non-Conforming Measures. Schedule of Costa Rica 13
  • Annex II  Non-Conforming Measures.  Schedule of Singapore 14