Costa Rica - Singapore FTA (2010)
Categories

Type of Reservation: Market Access, National Treatment

Source of Measure: Civil Aviation Authority of Singapore Act 2009

Description of Reservation: Trade in Services and Investment:

Only Singapore Airport Terminal Services (SATS) and Changi International Airport Services (CIAS) and/or their respective successor bodies shall be allowed to provide ground handling services, including but not limited to cargo handling services at airports.

Sector: Transport Services

Sub-Sector: Maritime Transport Services. Cargo Handling Services. Pilotage Services Supply of Desalinated Water to Ships berthed at Singapore ports or in Singapore territorial waters

Industry Classification: CPC 741 Cargo Handling Services CPC 74520 Pilotage and Berthing Services (only applies to Pilotage Services) CPC 74590 Other Supporting Services for Water Transport

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

Source of Measure: Maritime and Port Authority of Singapore Act, Cap. 170A, 1997 Revised Edition, Section 81

Description of Reservation: Trade in Services and Investment: Only PSA Corporation Ltd and Jurong Port Pte Ltd and/or their respective successor bodies are allowed to provide cargo handling services. Only PSA Marine (Pte) Ltd and/or its successor body is allowed to provide pilotage services and supply desalinated water to ships berthed at Singapore ports or in Singapore territorial waters.

Sector: Transport Services

Sub-Sector: Maritime Transport Services

Industry Classification: -

Type of Reservation: Market Access, National Treatment, Local Presence

Source of Measure: Maritime and Port Authority of Singapore Act, Cap. 170A, 1997 Revised Edition, Section 81

Description of Reservation: Trade in Services and Investment:

Only local service suppliers shall be allowed to operate and manage cruise and ferry terminals. Local service suppliers are either Singapore citizens or legal persons which are more than 50% owned by Singapore citizens.

Sector: Transport Services

Sub-Sector: Maritime Transport Services – Registration of ships under Singapore flag

Industry Classification: CPC 74590 Other Supporting Services for Water Transport

Type of Reservation: Market Access, National Treatment, Local Presence

Source of Measure: Merchant Shipping Act, Cap. 179, 1996 Revised Edition Merchant Shipping (Registration of Ships) (Amendment) Regulations 2004

Description of Reservation: Trade in Services and Investment:

Only a Singapore citizen or permanent resident or Singapore legal person may register a ship under the Singapore flag. To register a ship, other than tugs and barges, in Singapore, the company shall have a minimum paid-up capital of S$50,000. To register a tug or barge in Singapore, the company and its holding company shall have a paid-up capital pegged to 10% of the value of the first tug or barge registered or S$50,000 whichever is the lesser, subject to a minimum of S$10,000. All Singapore legal persons seeking to register ships under the Singapore flag shall appoint a ship manager who is resident in Singapore. Vessels or ships owned by Singapore legal persons that are not majority owned by Singapore citizens or Singapore permanent residents shall be of at least 1,600 Gross Tonnage and be self-propelled before they can be registered under the Singapore flag. For the purposes of this reservation, a Singapore legal person is a locally incorporated company.

Sector: Transport Services

Sub-Sector: Maritime Transport Services – Seaman Services

Industry Classification: -

Type of Reservation: Market Access, National Treatment

Source of Measure: Maritime and Port Authority of Singapore Act, Cap. 170A, 1997 Revised Edition, Section 40 Maritime and Port Authority of Singapore (Registration and Employment of Seamen) Regulations

Description of Reservation: Trade in Services:

Only Singapore citizens and permanent residents can register as Singapore seamen as defined in the Maritime and Port Authority of Singapore Act.

Sector: Production, Retail, Transportation and Distribution of Manufactured Gas and Natural Gas (Piped Gas)

Sub-Sector: -

Industry Classification: -

Type of Reservation: Market Access, National Treatment

Source of Measure: Gas Act, Cap. 116A

Description of Reservation: Trade in Services and Investment:

Only City Gas Ltd and/or its successor body shall be allowed to produce and retail manufactured gas. Only Power Gas Ltd and/or its successor body shall be allowed to transport and distribute manufactured and natural gas (piped gas). Power Gas Ltd and/or its successor body shall be the sole owner and operator of the gas pipeline in Singapore.

Sector: Transport Services

Sub-Sector: Transportation services via pipeline

Industry Classification: Transportation of goods via pipeline of goods such as chemical and petroleum products and petroleum, and other related products

Type of Reservation: Market Access, Local Presence

Source of Measure: Administrative

Description of Reservation: Trade in Services:

Only service suppliers with local presence shall be allowed to provide transportation services via pipeline of goods such as chemical and petroleum products and petroleum, and other related products. Singapore reserves the right and flexibility to modify and/or increase the list of the chemical and petroleum products, and other related products that are subject to this reservation.

Annex II. Non-Conforming Measures. Schedule of Costa Rica

Explanatory Note 

1. The Schedule of a Party of this Annex sets out, 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), the reservations taken by a 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. Each reservation in a Party’s Schedule sets out the following elements: 

(a) Sector refers to the sector in which the reservation is made;

(b) Obligations Concerned 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 reservation;and 

(c) Description sets out the scope of the sectors, sub-sectors, or activities covered by the reservation. 

3. In accordance with Article 10.7 (Non-Conforming Measures) of Chapter 10 (Trade in Services) and Article 11.13 (Non-Conforming Measures) of Chapter 11 (Investment), the Articles of this Agreement specified in the Annex II - CR - 2 

Obligations Concerned element of a reservation do not apply to the sectors, sub-sectors, and activities identified in the Description element of that reservation. 

4. In the interpretation of a reservation, all elements of the reservation shall be considered. The Description element shall prevail over all other elements.

Sector:  All 

Obligations Concerned: Most-Favoured-Nation Treatment 

Description: Trade in Services and Investment: 

Costa Rica reserves the right to adopt or maintain any measure that accords differential treatment to countries under: 

(a) Any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement. 

(b) Any international agreement in force or signed after the date of entry into force of this Agreement involving: 

i. air services; 

ii. fisheries; 

iii. maritime and ports and auxiliary services to maritime and ports; 

iv. land transport; 

v. postal and courier services; 

vi. telecommunications services; 

vii. e-commerce; and 

viii. environment.

Sector: All

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 any power that may be obtained from public waters within the national territory; deposits of coal, wells and deposits of oil and any other hydrocarbons, as well as any deposits of radioactive minerals existing within the national territory; and wireless services. They may be exploited only by the public administration or by private parties, in accordance with the law or under a special concession granted for a limited time and on the basis of conditions and stipulations to be established by the Legislative Assembly.

Sector: All

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

Description: Trade in Services:

Costa Rica 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.

Sector: All

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:

If the Costa Rican legislation is modified to allow the investment of private capital in economic activities or services reserved to the State, Costa Rica reserves the right to adopt or maintain any measure with respect to foreign investment participation in such activities or services.

Sector: All.

Obligations Concerned: National Treatment, Senior Management and Board of Directors

Description: Investment:

Costa Rica reserves the right to adopt or maintain any measure with respect to the senior management, boards of directors and other related positions within the public institutions and public enterprises that are reserved to Costa Rican nationals.

Sector: Social 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 the provision of law enforcement and correctional services, and the following services to the extent they are social services established or maintained for a public purpose: income security or insurance, social security or insurance, social welfare, public education, public training, health, child care, public sewage services, and water supply services.

Sector: Minority Affairs and Native Groups

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 that grants rights or preferences to social or economic groups under disadvantage or to native groups.

Sector: Public 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 economic activities or services considered as public services in accordance with the Costa Rican legislation (1).

(1) “Public services” include: electric energy supply, including generation, transmission, distribution and commercialization; supply of sewage and water services which includes drinkable water, collection, treatment and evacuation of sewage, residual and pluvial waters, as well as the installation, operation, and maintenance of hydrant services; fuel supply derivatives from hydrocarbons, including petroleum, asphalts, gas and naphthas, destined to supply national demand in distribution stations, as well as the derivatives from petroleum, asphalts, gas and naphthas destined to the final consumer; irrigation and drainage; remunerated public transport of persons, except for the air transportation; maritime and air services in national ports; freight transport by railroad; recollection and treatment of solid and industrial wastes; social services of postal communication; and any other services that, given their importance for the sustainable development of the country, are qualified and regulated as such by the Legislative Assembly.

Sector: Cultural Industries

Obligations Concerned: Most-Favoured-Nation Treatment

Description: Trade in Services and Investment:

Costa Rica reserves the right to adopt or maintain any measure that accords differential treatment to countries under any existing or future bilateral or multilateral international agreement with respect to cultural industries, such as audiovisual cooperation agreements. For greater certainty, government supported subsidy programs for the promotion of cultural activities are not subject to the limitations or obligations of this Agreement. Cultural industries means persons engaged in any of the following activities: (a) Publication, distribution, or sale of books, magazines, periodical publications, or printed or electronic newspapers, excluding the printing and typesetting of any of the foregoing; (b) Production, distribution, sale, or display of recordings of movies or videos; (c) Production, distribution, sale, or display of music recordings in audio or video format; (d) Production, distribution, or sale of printed music scores or scores readable by machines; or (e) Radiobroadcasts aimed at the public in general, as well as all radio, television, and cable television-related activities, satellite programming services, and broadcasting networks.

Sector: Electric Energy

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 electric energy, including generation, transmission, processing, distribution and marketing.

Sector: Fisheries and Services Incidental to Fishing

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

Description: Trade in Services and Investment:

Costa Rica reserves the right to adopt or maintain any measure with respect to fisheries and services incidental to fishing.

Sector: Lottery, Betting and Gambling

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 lottery, betting and gambling.

Sector: Railroads, Ports and Airports

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 railroads, ports and airports.

Sector: Natural Resources

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 natural resources, including conservation, management, protection, exploration, extraction and exploitation.

Sector: Crude Oil and its Derivatives

Send a comment about this document

Report an error, missing information or a wrong category. The administrators review every comment.