Singapore reserves the right to adopt or maintain any measure affecting cross-border supply of:
(a) aircraft repair and maintenance services during which an aircraft is withdrawn from service, excluding so-called line maintenance;
(b) the selling and marketing of air transport services;
(c) computer reservation system services;
(d) airport operation services; and
(e) ground handling services.
Singapore reserves the right to adopt or maintain any measure affecting investments in air transport related services.
Existing Measures: Civil Aviation Authority of Singapore Act 2009
Sector: Specialty Air Services
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) Market Access (Article 10.5)
Description: Investment and Cross-Border Trade in Services
Singapore reserves the right to adopt or maintain any measure affecting the supply of specialty air services.
Existing Measures:
Sector : Transport Services
Sub-Sector: Land transport services – Passenger transport services, including but not limited to passenger transportation services by railway, urban and suburban regular transportation services, taxi services; bus and rail station services and ticketing services related to passenger transport services
Passenger Transport Services are services which are used by and accessible to members of the public for the purposes of transporting themselves within Singapore.
Industry Classification:
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)
Description: Investment and Cross-Border Trade in Services
Singapore reserves the right to adopt or maintain any measure affecting the supply of passenger transport services.
Existing Measures: Rapid Transit Systems Act, Cap. 263A
Land Transport Authority of Singapore Act, Cap. 158A, 1996 Rev Ed
Public Transport Council Act, Cap. 259B, 2012 Rev Ed
Road Traffic Act, Cap. 276, 2004 Rev Ed
Sector: Transport Services
Sub-Sector: Land transport services – railway and road freight transportation, Supporting services for railway and road transport services
Industry Classification:
Obligations Concerned: National Treatment (Article 9.4 and Article10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Market Access (Article 10.5) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Singapore reserves the right to adopt or maintain any measure affecting the supply of land transport services as set out above.
This entry does not apply to:
(a) maintenance and repair services of motor vehicles (CPC 61120);
(b) maintenance and repair services of parts of motor vehicles (CPC 88**) (2); and
(c) parking services (CPC 74430).
Existing Measures:
Sector: Transport Services
Sub-Sector: Services auxiliary to all modes of transport
Industry Classification: CPC 742 Storage and warehousing services CPC 742** Container station and depot services CPC 748 Freight transport agency services CPC 7123** Inland trucking services
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) Senior Management and Boards of Directors (Article 9.11) Market Access (Article 10.5) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Singapore reserves the right to adopt or maintain any measure that accords equivalent treatment to storage and warehousing, freight forwarding, inland trucking, container station and depot services of another Party.
Existing Measures:
Sector: Transport Services
Sub-Sector: Maritime transport services – Towing and tug assistance; provisioning, fuelling and watering; garbage collection and ballast waste disposal; port captain’s services; navigation aids; emergency repair facilities; anchorage; and other shore-based operational services essential to ship operations, including communications, water and electrical supplies.
Industry Classification: CPC 74510 Port and Waterway Operation Services CPC 74520 Pilotage and Berthing Services CPC 74530 Navigation Aid Services CPC 74590 Other Supporting Services for Water Transport
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Market Access (Article 10.5) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Singapore reserves the right to adopt or maintain any measure affecting the supply of towing and tug assistance; provisioning, fuelling and watering; garbage collection and ballast waste disposal; port captain’s services; navigation aids; emergency repair facilities; anchorage; and other shore-based operational services essential to ship operations, including communications, water and electrical supplies.
For greater certainty, no measures shall be applied which deny international maritime transport operators reasonable and non-discriminatory access to the above port services.
This entry does not apply to:
(a) international transport (freight and passengers) excluding cabotage transport (CPC 7211**, 7212**);
(b) international towage (CPC 7214**);
(c) rental of vessels with crew (CPC 7213); and
(d) other supporting and auxiliary services (including catering) (CPC 749**).
Existing Measures: Maritime and Port of Singapore Act, Cap. 170A, Section 41 (Part VIII)
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
Obligations Concerned: National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Market Access (Article 10.5) Local Presence (Article 10.6)
Description: Cross-Border Trade in Services
Only service suppliers with a 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 or increase the list of the chemical and petroleum products, and other related products that are subject to this entry.
Existing Measures: Administrative
Sector: Trade Services
Sub-Sector: Wholesale trade services and retail trade services of alcoholic beverages and tobacco
Industry Classification:
Obligations Concerned: Market Access (Article 10.5) Local Presence (Article 10.6)
Description: Cross-Border Trade in Services
Singapore reserves the right to adopt or maintain any measure affecting the supply of wholesale and retail trade services of tobacco products and alcoholic beverages.
Existing Measures:
Sector: Energy
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) Senior Management and Boards of Directors (Article 9.11) Market Access (Article 10.5) Local Presence (Article 10.6)
Description: Investment and Cross Border Trade in Services
Singapore reserves the right to adopt or maintain any measure in order to prohibit, manage or control the generation, use, distribution and retail of nuclear energy, including setting conditions for natural persons or juridical persons to do so.
Existing Measures:
Sector: All
Sub-Sector: Industry Classification:
Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Description: Investment and Cross-Border Trade in Services
Singapore reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
Singapore reserves the right to adopt or maintain any measure that accords differential treatment to ASEAN member states under any ASEAN agreement open to participation by any ASEAN member state, in force or signed after the date of entry into force of this Agreement.
Singapore reserves the right to adopt or maintain any measure that accords differential treatment to countries under any international agreement in force or signed after the date of entry into force of this Agreement involving:
(a) aviation matters;
(b) maritime matters and services auxiliary to maritime matters;
(c) port matters;
(d) land transport matters; and
(e) telecommunication matters.
Existing Measures:
SCHEDULE OF THE UNITED STATES
Sector: Communications
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Description: Investment and Cross-Border Trade in Services
The United States reserves the right to:
(a) adopt or maintain any measure that accords differential treatment to persons of other countries due to application of reciprocity measures or through international agreements involving sharing of the radio spectrum, guaranteeing market access, or national treatment with respect to the one-way satellite transmission of direct-to-home (DTH) and direct broadcasting satellite (DBS) television services and digital audio services; and
(b) prohibit a person of a Party from offering DTH or DBS television and digital audio services into the territory of the United States unless that person establishes that the Party of which it is a person:
(i) permits U.S. persons to obtain a licence for such service in that Party in similar circumstances; and
(ii) treats the supply of audio or video content originating in the Party no more favourably than the supply of audio or video content originating in a non-Party or any other Party.
Sector: Communications – Cable Television
Obligations Concerned: National Treatment (Article 9.4) Senior Management and Boards of Directors (Article 9.11)
Description: Investment
The United States reserves the right to adopt or maintain any measure that prohibits a person of a Party from owning or operating a cable television system in the territory of the United States unless that person establishes that the Party:
(a) permits U.S. persons to own or operate such systems in the territory of the Party under similar circumstances; and
(b) treats the supply of video content originating in the Party no more favourably than the supply of content of any other Party or non-Party.
A measure may be deemed to treat content of a Party more favourably if it applies preferential treatment on the basis that the director, producer, publisher, actors or owner of such content is a person of that Party, or the production, editing or distribution of such content took place in the territory of that Party, or on any other basis that affords protection to local production.
Sector: Social Services
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) Senior Management and Boards of Directors (Article 9.11) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
The United States 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 and child care.
Sector: Minority Affairs
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
The United States reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities, including corporations organised under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act.
Existing Measures: Alaska Native Claims Settlement Act, 43 U.S.C. 1601 et seq.
Sector: Transportation
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) Senior Management and Boards of Directors (Article 9.11) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
1. The United States reserves the right to adopt or maintain any measure relating to the provision of maritime transportation services and the operation of U.S.-flagged vessels, including the following:
(a) requirements for investment in, ownership and control of, and operation of vessels and other marine structures, including drill rigs, in maritime cabotage services, including maritime cabotage services performed in the domestic offshore trades, the coastwise trades, U.S. territorial waters, waters above the continental shelf, and in the inland waterways;
(b) requirements for investment in, ownership and control of, and operation of U.S.-flagged vessels in foreign trades;
(c) requirements for investment in, ownership or control of, and operation of vessels engaged in fishing and related activities in U.S. territorial waters and the Exclusive Economic Zone;
(d) requirements related to documenting a vessel under the U.S. flag;
(e) promotional programmes, including tax benefits, available for shipowners, operators, and vessels meeting certain requirements;
(f) certification, licensing and citizenship requirements for crew members on U.S.-flagged vessels;
(g) manning requirements for U.S.-flagged vessels;
(h) all matters under the jurisdiction of the Federal Maritime Commission;
(i) negotiation and implementation of bilateral and other international maritime agreements and understandings;
(j) limitations on longshore work performed by crew members;
(k) tonnage duties and light money assessments for entering U.S. waters; and
(l) certification, licensing and citizenship requirements for pilots performing pilotage services in U.S. territorial waters.
2. The following activities are not included in this entry. However, the treatment provided to a Party in (b) is conditional upon obtaining comparable market access in these sectors from that Party:
(a) vessel construction and repair; and
(b) landside aspects of port activities, including operation and maintenance of docks; loading and unloading of vessels directly to or from land; marine cargo handling; operation and maintenance of piers; ship cleaning; stevedoring; transfer of cargo between vessels and trucks, trains, pipelines and wharves; waterfront terminal operations; boat cleaning; canal operation; dismantling of vessels; operation of marine railways for drydocking; marine surveyors, except cargo; marine wrecking of vessels for scrap; and ship classification societies.
