Sub-Sector:
Obligations Concerned: National Treatment (Article 10.3) Local Presence (Article 10.6)
Level of Government: Central
Measures: Law Nº 26221, “El Peruano” Official Gazette of August 19, 1993, General Law of Hydrocarbons (Ley General de Hidrocarburos), article 15
Description: Cross-Border Trade in Services
In order to enter into an exploration contract in Peru, foreign natural persons must register in the Public Registry and provide a power of attorney to a Peruvian national resident in the capital of the Republic of Peru.
Foreign enterprises must establish a branch or constitute a society under the General Law of Corporations (Ley General de Sociedades), be domiciled in the capital of the Republic of Peru, and appoint a Peruvian national as an executive agent.
SCHEDULE OF SINGAPORE
INTRODUCTORY NOTES
1. Description sets out the non-conforming aspects of the measure to which the entry applies.
2. In accordance with Article 9.12.1 (Non-Conforming Measures) and Article 10.7.1 (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming measures identified in the Description element of that entry.
3. In the interpretation of an entry, all elements of the entry shall be considered.
4. For greater certainty, the fact that Singapore has described a measure in the Description element of an entry does not necessarily mean that, in the absence of such an entry, the measure would be inconsistent with Singapore’s obligation under Chapter 9 (Investment), Chapter 10 (Cross-Border Trade in Services) and Chapter 11 (Financial Services).
Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: This is an administrative policy of the Government of Singapore and is inscribed in the Memorandum and Articles of Association of PSA Corporation.
Description: Investment
The aggregate of foreign shareholdings in PSA Corporation or its successor body is subject to a 49 per cent 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 per cent owned by Singapore citizens or by the Singapore Government; or
(c) any other enterprise which is not owned or controlled by the Singapore Government.
Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: 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: Investment
All individual investors, apart from the Singapore government, will be subject to the following equity ownership limits in the enterprises, or its successor bodies, as listed below: (a) Singapore Technologies Engineering – 15 per cent; (b) PSA Corporation – 5 per cent; and (c) Singapore Airlines – 5 per cent. For the purposes of this entry, ownership of equity by an investor in these enterprises or its successor bodies includes both direct and indirect ownership of equity.
Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: Local Presence (Article 10.6)
Level of Government: Central
Measures: Business Registration Act, Cap. 32 Business Registration Regulations
Description: Cross-Border Trade in Services
Where a person required to be registered under the Business Registration Act, Cap. 32, 2001 Rev Ed, is, or, in the case of any corporation, the directors are, or the secretary of the corporation is, not ordinarily resident in Singapore, a local manager (1) must be appointed.
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
Obligations Concerned: National Treatment (Article 10.3) Market Access (Article 10.5)
Level of Government: Central
Measures: Road Traffic Act, Cap. 276, 2004 Rev Ed
Description: Cross-Border Trade in Services
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:
Obligations Concerned: Local Presence (Article 10.6)
Measures: Patents Act, Cap. 221, 2005 Rev Ed
Description: Cross-Border Trade in Services
Only service suppliers registered with the Intellectual Property Office of Singapore (IPOS) 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 one 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
Industry Classification:
Obligations Concerned: Local Presence (Article 10.6)
Level of Government: Central
Measures: Employment Agencies Act, Cap. 92
Description: Cross-Border Trade in Services
Only service suppliers with local presence shall be allowed to set up employment agencies and place foreign workers in Singapore.
Sector: Business Services
Sub-Sector: Private investigation services, Unarmed guard services
Industry Classification: CPC 87301 Investigation Services CPC 87302 Security Consultation Services CPC 87305 Guard Services (only applies to unarmed security guard services)
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Market Access (Article 10.5) Local Presence (Article 10.6)
Level of Government: Central
Measures: Private Security Industry Act, Cap. 250A, 2008 Rev Ed
Description: Investment and Cross-Border Trade in Services
Foreigners are permitted to set up security agencies to provide unarmed guards for hire but must register a company with local participation. At least two of the directors must be a Singapore national. Foreigners, except Malaysians, shall not be allowed to work as guards, but can be involved in the administration of the company. The foreign directors shall produce a certificate of no criminal conviction from their country of origin or a statutory declaration before a Singapore commissioner of oaths, to the effect that they have never been convicted in any court of law for any criminal offence.
Sector: Community, Personal and Social Services
Sub-Sector: Services furnished by co-operative societies
Industry Classification: CPC 959 Services furnished by membership organizations n.e.c (only applies to co-operative society services)
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Senior Management and Boards of Directors (Article 9.11) Local Presence (Article 10.6)
Level of Government: Central
Existing Measures: Co-operative Societies Act, Cap. 62, 2009 Rev Ed Co-operative Societies Rules 2009
Description: Investment and Cross-Border Trade in Services
Only service suppliers with a local presence can be registered under the Co-operative Societies Act. Registration allows a co-operative society to be exempt from taxation measures applicable to other enterprises. Instead, co-operative societies are required to make a two-tier contribution of their surplus to the Central Co-operative Fund (CCF) and CCF/Singapore Labour Foundation respectively as the society may opt. As a general rule, only Singapore citizens are allowed to hold office or be a member of the management committee of a co-operative society. Foreigners may be allowed to hold office or be a member of the management committee of a co-operative society, with the approval of the Registrar of Co-operative Societies. A person who is not a Singapore citizen can form and join a co-operative society if he or she is resident in Singapore.
Sector: Education Services
Sub-Sector: Higher education services in relation to the training of doctors
Industry Classification: CPC 92390 Other Higher Education Services (Only applies to Higher Education Services in relation to the training of doctors)
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Market Access (Article 10.5)
Level of Government: Central
Measures: Medical Registration Act, Part V, Specialist Accreditation Board, Sections 2, 3, 34 and 35 Private Education Act, Cap. 247A, 2011 Rev Ed
Description: Investment and Cross-Border Trade in Services
Only local tertiary institutions which are established pursuant to an Act of Parliament, or as designated by the Ministry of Education shall be allowed to operate undergraduate or graduate programmes for the training of doctors in Singapore. Currently, only the National University of Singapore and the Nanyang Technological University are allowed to operate undergraduate or graduate programmes for the training of doctors in Singapore.
Sector: Health and Social Services
Sub-Sector: Medical services Pharmacy services Deliveries and related services, nursing services, physiotherapeutic and para-medical services and allied health services Optometrists and opticians
Industry Classification:
Obligations Concerned: Local Presence (Article 10.6)
Level of Government: Central
Measures: Medical Registration Act, Cap. 174 Pharmacists Registration Act, Cap. 230 Medicines Act, Cap. 176, Medicines (Registration of Pharmacies) Regulations, Cap. 176, Regulation 4 Nurses and Midwives Act, Cap. 209 Allied Health Professions Act, Act 1 of 2011 Optometrists and Opticians Act, Cap. 213A
Description: Cross-Border Trade in Services
Only persons who are resident in Singapore are allowed to provide the following services: medical services, pharmacy services, deliveries and related services, nursing services, physiotherapeutic and para-medical services and allied health services and optometry and opticianry services.
Sector: Import, export and trading services
Sub-Sector:
Industry Classification:
Obligations Concerned: Local Presence (Article 10.6)
Level of Government: Central
Measures: Regulation of Imports and Exports Act, Cap. 272A Regulation of Imports and Exports Regulations
Description: Cross-Border Trade in Services
Only services suppliers with local presence shall be allowed to apply for import/export permits, certificates of origin or other trade documents from the relevant authorities.
Sector: Postal Services
Sub-Sector:
Industry Classification:
Obligations Concerned: Market Access (Article 10.5) Local Presence (Article 10.6)
Level of Government: Central
Measures: Postal Services Act, Cap. 237A
Description: Cross-Border Trade in Services
For the provision of basic letter services, all service suppliers must be incorporated as companies under the Companies Act, Cap. 50, 2006 Rev Ed.
Sector: Telecommunications Services
Sub-Sector: Telecommunications services
Industry Classification:
Obligations Concerned: Market Access (Article 10.5) Local Presence (Article 10.6)
Level of Government: Central
Measures: Info-communications Development Authority of Singapore Act, Cap. 137A Telecommunications Act, Cap. 323
Description: Cross-Border Trade in Services
1. Facilities-based operators and service-based operators must be locally incorporated under the Companies Act, Cap. 50, 2006 Rev Ed. “Facilities-based operators” are operators who deploy any form of telecommunication networks, systems and facilities, outside of their own property boundaries, to offer telecommunication services to third parties, which may include other licensed telecommunication operators, business customers, or the general public. “Services-based operators” are operators who lease telecommunication network elements (such as transmission capacity and switching services) from any Facilities-Based Operator (FBO) licensed by the IDA so as to provide their own telecommunication services, or to resell the telecommunication services of FBOs to third parties.
2. The number of licences granted will be limited only by resource constraints, such as the availability of radio frequency spectrum. In view of spectrum constraints, parties interested in deploying networks based on wireless technology may be licensed to use radio frequency spectrum via a tender or auction process.
Sector: Telecommunications Services
Sub-Sector: Telecommunications services Domain name allocation policies in Internet country code top level domains (ccTLDs) corresponding to Singapore territories (.sg)
Industry Classification:
Obligations concerned: Market Access (Article 10.5) Local Presence (Article 10.6)
Level of Government: Central
Measures: Info-communications Development Authority of Singapore Act, Cap. 137A Telecommunications Act, Cap. 323 The Internet Corporation for Assigned Names and Numbers (ICANN), which recognises the ultimate authority of sovereign Governments over ccTLDs corresponding to their territories.
Description: Cross-Border Trade in Services
A registrar must be a company incorporated or a foreign company registered under the Companies Act, Cap. 50, 2006 Rev Ed.
Sector: Power Supply
Sub-Sector: Industry Classification:
Obligations Concerned: Market Access (Article 10.5)
Level of Government: Central Measures: Electricity Act, Cap. 89A, 2002 Rev Ed, Sections 6(1) and 9(1)
Description: Cross-Border Trade in Services
Power producers shall not be allowed to sell power directly to consumers and shall only sell power through the Singapore electricity wholesale market operators licensed by the Energy Market Authority. The amount of power supplied cumulatively by power producers located outside of Singapore to Singapore’s wholesale power market shall not exceed 600 MW.
Sector: Power Supply
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Market Access (Article 10.5)
Level of Government: Central
Measures: Electricity Act, Cap. 89A, 2002 Rev Ed, Sections 6(1) and 9(1)
Description: Investment and Cross-Border Trade in Services
Only a Market Support Service Licensee shall be allowed to supply electricity to: (a) all household consumers of electricity; and (b) non-household consumers of electricity whose average monthly consumption is below 4,000 kWh.
Sector: Power Transmission and Distribution
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Market Access (Article 10.5)
Level of Government: Central
Measures: Electricity Act, Cap. 89A, 2002 Rev Ed, Sections 6(1) and 9(1)