Description: Investment and Cross-Border Trade in Services
Only a Transmission Licensee shall be the owner and operator of the electricity transmission and distribution network in Singapore.
Sector: Tourism and Travel Related Services
Sub-Sector: Food or beverage serving services in eating facilities run by the government Food or beverage catering services
Industry Classification:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Market Access (Article 10.5)
Level of Government: Central
Measures: Environmental Public Health Act, Cap. 95, 2002 Rev Ed
Description: Investment and Cross-Border Trade in Services
Only a Singapore national can apply for a licence to operate a stall in government-run markets or hawker centres, in their personal capacity. To supply food or beverage catering services in Singapore, a foreign service supplier must incorporate as a limited company in Singapore, and apply for the food establishment licence in the name of the limited company.
Sector: Sewage and Refuse Disposal, Sanitation and other Environmental Protection Services
Sub-Sector: Waste management, including collection, disposal, and treatment of hazardous waste
Industry Classification:
Obligations Concerned: Market Access (Article 10.5) Local Presence (Article 10.6)
Level of Government: Central
Measures: Environmental Public Health Act, Cap. 95
Description: Cross-Border Trade in Services
Foreign service suppliers must be locally incorporated in Singapore. The public waste collectors (PWCs) rendering services to domestic and trade premises are appointed by public competitive tender. The number of PWCs is limited by the number of geographical sectors in Singapore. For industrial and commercial waste, the market is opened to any licensed general waste collectors (GWCs).
Sector: Trade Services
Sub-Sector: Distribution and Sale of Hazardous Substances
Industry Classification:
Obligations Concerned: Local Presence (Article 10.6)
Level of Government: Central
Measures: Environmental Protection and Management Act, Cap. 94A, 2002 Rev Ed, Section 22
Description: Cross-Border Trade in Services
Only service suppliers with a local presence shall be allowed to distribute and sell hazardous substances as defined in the Environmental Protection and Management Act. Singapore reserves the right and flexibility to modify or increase the list of hazardous substances as defined or listed in the Environmental Protection and Management Act.
Sector: Trade Services
Sub-Sector: Distribution services Retailing services Wholesale trade services
Industry Classification:
Obligations Concerned: Local Presence (Article 10.6)
Level of Government: Central
Measures: Medicines Act, Cap. 176, 1985 Rev Ed Health Products Act, Cap. 122D, 2008 Rev Ed
Description: Cross-Border Trade in Services
Only service suppliers with a local presence shall be allowed to supply wholesale, retail and distribution services for medical and health-related products and materials as defined under the Medicines Act and Health Products Act, intended for purposes such as treating, alleviating, preventing or diagnosing any medical condition, disease or injury, as well as any other such items that may have an impact on the health and well-being of the human body. Such products and materials include but are not limited to drugs and pharmaceuticals, traditional medicines, health supplements, diagnostic test kits, medical devices, cosmetics, tobacco products, radioactive materials and irradiating apparatuses. Singapore reserves the right and flexibility to modify or increase the list of medical and health-related products and materials as defined or listed in the Medicines Act and Health Products Act.
Sector: Transport Services
Sub-Sector: Air transport services Passengers transportation by air Freight transportation by air
Industry Classification: CPC 731 Passenger Transportation by Air CPC 732 Freight Transportation by Air
Obligations Concerned: National Treatment (Article 9.4) Most-Favoured-Nation Treatment (Article 9.5) Senior Management and Boards of Directors (Article 9.11)
Level of Government: Central
Measures: Air Navigation (Licensing of Air Services) Regulations, Cap. 6, Regulation 2
Description: Investment
Service suppliers providing air transport services (for both passenger and freight) as a Singapore designated airline may have to be “effectively controlled” and/ or “substantially owned” by the Government or citizens of Singapore or both.
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
Obligations Concerned: National Treatment (Article 9.4 and Article10.3) Market Access (Article 10.5)
Level of Government: Central
Measures: Maritime and Port Authority of Singapore Act, Cap. 170A, 1997 Rev Ed, Section 81
Description: Investment and Cross-Border Trade in Services
Only PSA Corporation Ltd and Jurong Port Pte Ltd or their respective successor bodies shall be allowed to provide cargo handling services. Only PSA Marine Pte Ltd or its successor body shall be 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:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Market Access (Article 10.5)
Level of Government: Central
Measures: Maritime and Port Authority of Singapore Act, Cap. 170A, 1997 Rev Ed, Section 81
Description: Investment and Cross-Border Trade in Services
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 per cent owned by Singapore citizens.
Sector: Transportation and Distribution of Manufactured Gas and Natural Gas
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: Gas Act, Cap. 116A, 2002 Rev Ed
Description: Investment and Cross-Border Trade in Services
Only the holder of a gas transporter licence shall be allowed to transport and distribute manufactured and natural gas. Only one gas transport licence has been issued given the size of the Singapore market.
Sector: Manufacturing and Services Incidental to Manufacturing
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Performance Requirements (Article 9.10)
Level of Government: Central
Measures: Control of Manufacture Act, Cap. 57, 2004 Rev Ed
Description: Investment and Cross-Border Trade in Services
The manufacture of the following products, and services incidental to the manufacture of these products, in Singapore, may be subject to certain restrictions: (a) beer and stout; (b) cigars; (c) drawn steel products; (d) chewing gum, bubble gum, dental chewing gum or any like substance (not being a medicinal product within the meaning of the Medicines Act, Cap. 176, or a substance in respect of which an order under section 54 of the Act has been made); (e) cigarettes; and (f) matches.
Sector: All
Sub-Sector:
Industry Classification:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Level of Government: Central
Measures: Banking Act, Cap. 19, MAS Notice 757 Monetary Authority of Singapore Act, Cap. 186, MAS Notice 1105 Finance Companies Act, Cap. 108, MAS Notice 816 Insurance Act, Cap. 142, MAS Notice 109 Securities and Futures Act, Cap. 289, MAS Notice SFA 04-N04
Description: Investment and Cross-Border Trade in Services
A non-resident financial institution may in certain circumstances be unable to borrow in Singapore dollars more than S$5 million from a resident financial institution owing to the following restrictions placed on financial institutions’ lending of the Singapore dollar to non-resident financial institutions. A financial institution shall not extend to any non-resident financial institution Singapore dollar credit facilities exceeding S$5 million per non-resident financial institution: (a) where the Singapore dollar proceeds are to be used outside of Singapore, unless: (i) such proceeds are swapped or converted into foreign currency upon draw-down or before remittance abroad; or (ii) such proceeds are for the purpose of preventing settlement failures where the financial institution extends a temporary Singapore dollar overdraft to any vostro account of any non-resident financial institution, and the financial institution takes reasonable efforts to ensure that the overdraft is covered within two business days; and (b) where there is reason to believe that the Singapore dollar proceeds may be used for Singapore dollar currency speculation, regardless of whether the Singapore dollar proceeds are to be used in Singapore or outside of Singapore. A financial institution shall not arrange Singapore dollar equity or bond issues for any non-resident financial institution where the Singapore dollar proceeds are to be used outside Singapore, unless the proceeds are swapped or converted into foreign currency upon draw-down or before remittance abroad. “Non-residents financial institution” means any financial institution which is not a resident as defined in the relevant notice.
Sector: Business Services
Sub-Sector: Credit bureau services
Industry Classification:
Obligations Concerned: Market Access (Article 10.5) Local Presence (Article 10.6)
Level of Government: Central
Measures: Administrative measure pursuant to the Monetary Authority of Singapore Act, Cap. 186
Description: Cross-Border Trade in Services
Singapore reserves the right to limit the number of suppliers of credit bureau services where information provided by the supplier of credit bureau services is obtained from financial institutions in Singapore. The supplier must be established in Singapore.
SCHEDULE OF THE UNITED STATES
INTRODUCTORY NOTES
1. Description provides a general non-binding description of the measure for which the entry is made.
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 aspects of the law, regulation, or other measure identified in the Measures element of that entry.
Sector: Atomic Energy
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Atomic Energy Act of 1954, 42 U.S.C. 2011 et seq.
Description: Investment
A licence issued by the United States Nuclear Regulatory Commission is required for any person in the United States to transfer or receive in interstate commerce, manufacture, produce, transfer, use, import or export any nuclear “utilization or production facilities” for commercial or industrial purposes. Such a licence may not be issued to any entity known or believed to be owned, controlled or dominated by an alien, a foreign corporation or a foreign government (42 U.S.C. 2133(d)). A licence issued by the United States Nuclear Regulatory Commission is also required for nuclear “utilization and production facilities,” for use in medical therapy, or for research and development activities. The issuance of such a licence to any entity known or believed to be owned, controlled or dominated by an alien, a foreign corporation or a foreign government is also prohibited (42 U.S.C. 2134(d)).
Sector: Business Services
Obligations Concerned: National Treatment (Article 10.3)
Local Presence (Article 10.6)
Level of Government: Central
Measures: Export Trading Company Act of 1982, 15 U.S.C. 4011-4021
15 C.F.R. Part 325
Description: Cross-Border Trade in Services
Title III of the Export Trading Company Act of 1982 authorises the Secretary of Commerce to issue “certificates of review” with respect to export conduct. The Act provides for the issuance of a certificate of review where the Secretary determines, and the Attorney General concurs, that the export conduct specified in an application will not have the anticompetitive effects proscribed by the Act. A certificate of review limits the liability under federal and state antitrust laws in engaging in the export conduct certified.
Only a “person” as defined by the Act can apply for a certificate of review. “Person” means “an individual who is a resident of the United States; a partnership that is created under and exists pursuant to the laws of any State or of the United States; a State or local government entity; a corporation, whether organized as a profit or nonprofit corporation, that is created under and exists pursuant to the laws of any State or of the United States; or any association or combination, by contract or other arrangement, between such persons.”
A foreign national or enterprise may receive the protection provided by a certificate of review by becoming a “member” of a qualified applicant. The regulations define “member” to mean “an entity (U.S. or foreign) that is seeking protection under the certificate with the applicant. A member may be a partner in a partnership or a joint venture; a shareholder of a corporation; or a participant in an association, cooperative, or other form of profit or nonprofit organization or relationship, by contract or other arrangement.”
Sector: Business Services
Obligations Concerned: National Treatment (Article 10.3)
Local Presence (Article 10.6)
Level of Government: Central
Measures: Export Administration Act of 1979, as amended, 50 U.S.C. App. 2401-2420
International Emergency Economic Powers Act, 50 U.S.C. 1701-1706
Export Administration Regulations, 15 C.F.R. Parts 730-774
Description: Cross-Border Trade in Services
Certain exports and re-exports of commodities, software and technology subject to the Export Administration Regulations require a licence from the Bureau of Industry and Security, U.S. Department of Commerce (BIS). Certain activities of U.S. persons, wherever located, also require a licence from BIS. An application for a licence must be made by a person in the United States.
In addition, release of controlled technology to a foreign national in the United States is deemed to be an export to the home country of the foreign national and requires the same written authorisation from BIS as an export from the territory of the United States.
Sector: Mining
Obligations Concerned: National Treatment (Article 9.4)
Most-Favoured-Nation Treatment (Article 9.5)
Level of Government: Central
Measures: Mineral Lands Leasing Act of 1920, 30 U.S.C. Chapter 3A 10 U.S.C. 7435
Description: Investment
Under the Mineral Lands Leasing Act of 1920, aliens and foreign corporations may not acquire rights-of-way for oil or gas pipelines, or pipelines carrying products refined from oil and gas, across on-shore federal lands or acquire leases or interests in certain minerals on on-shore federal lands, such as coal or oil. Non-U.S. citizens may own a 100 per cent interest in a domestic corporation that acquires a right-of-way for oil or gas pipelines across on-shore federal lands, or that acquires a lease to develop mineral resources on on-shore federal lands, unless the foreign investor’s home country denies similar or like privileges for the mineral or access in question to U.S. citizens or corporations, as compared with the privileges it accords to its own citizens or corporations or to the citizens or corporations of other countries (30 U.S.C. 181, 185(a)).
Nationalisation is not considered to be denial of similar or like privileges.
Foreign citizens, or corporations controlled by them, are restricted from obtaining access to federal leases on Naval Petroleum Reserves if the laws, customs or regulations of their country deny the privilege of leasing public lands to citizens or corporations of the United States (10 U.S.C. 7435).
Sector: All
Obligations Concerned: National Treatment (Article 9.4)
Most-Favoured-Nation Treatment (Article 9.5)
Level of Government: Central
Measures: 22 U.S.C. 2194 and 2198(c)
Description: Investment
Overseas Private Investment Corporation (OPIC) programmes are not available to non-U.S. citizens as individuals. The availability of these programmes to foreign enterprises and foreign owned or controlled domestic enterprises depends upon the extent of U.S. ownership or other U.S. participation, as well as the form of business organisation.
OPIC insurance and loan guaranties are available only to eligible investors, which are: (i) United States citizens; (ii) corporations, partnerships or other associations, including non-profit associations, created under the laws of the United States, any state or territory thereof, or the District of Columbia, and substantially beneficially owned by United States citizens; and (iii) foreign partnerships or associations 100 per cent owned, or foreign corporations at least 95 per cent owned, by one or more such United States citizens, corporations, partnerships or associations.
OPIC may issue insurance to investors not otherwise eligible in connection with arrangements with foreign governments (including agencies, instrumentalities or political subdivisions thereof) or with multilateral organisations and institutions, such as the Multilateral Investment Guarantee Agency, for sharing liabilities assumed under such investment insurance, except that the maximum share of liabilities so assumed may not exceed the proportionate participation by eligible investors in the project.
Sector: Air Transportation
Obligations Concerned: National Treatment (Article 9.4)
Most-Favoured-Nation Treatment (Article 9.5)
Senior Management and Boards of Directors (Article 9.11)
Level of Government: Central
Measures: 49 U.S.C. Subtitle VII, Aviation Programs
14 C.F.R. Part 297 (foreign freight forwarders); 14 C.F.R. Part 380, Subpart E (registration of foreign (passenger) charter operators)
Description: Investment
Only air carriers that are citizens of the United States may operate aircraft in domestic air service (cabotage) and may supply international scheduled and non-scheduled air service as U.S. air carriers.
U.S. citizens also have blanket authority to engage in indirect air transportation activities (air freight forwarding and passenger charter activities other than as actual operators of the aircraft). In order to conduct such activities, non-U.S. citizens must obtain authority from the Department of Transportation. Applications for such authority may be rejected for reasons relating to the failure of effective reciprocity, or if the Department of Transportation finds that it is in the public interest to do so.
Under 49 U.S.C. 40102(a)(15), a “citizen of the United States” means an individual who is a U.S. citizen; a partnership in which each member is a U.S. citizen; or a U.S. corporation of which the president and at least two-thirds of the board of directors and other managing officers are U.S. citizens, which is under the actual control of U.S. citizens, and in which at least 75 per cent of the voting interest in the corporation is owned or controlled by U.S. citizens.
Sector: Air Transportation
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Senior Management and Boards of Directors (Article 9.11)