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China - Singapore FTA Upgrade (2018)
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Article 4. Principles In Law Enforcement

1. Each Party shall be consistent with the principles of transparency, nondiscrimination and procedural fairness in competition law enforcement.

2. Each Party shall apply its competition laws to all entities engaged in commercial activities, subject to exclusions or exemptions provided for under its laws. Such exclusions or exemptions should be transparent and be based on public policy or public interest grounds.

3. Each Party shall apply and enforce its competition laws in a manner, which does not, in like circumstances, discriminate on the basis of nationality.

4. Each Party shall ensure that before it imposes a sanction, or additional restrictive condition or any other remedy, whichever is applicable under the Party’s domestic laws, against any person for violating its competition laws, it affords that person a reasonable opportunity to present opinion or evidence in its defence.

5. Each Party shall provide any person that is subject to the imposition of a sanction, or additional restrictive condition or any other remedy, whichever is applicable under the Party’s domestic laws, for violation of its competition laws, with the opportunity to seek review of the sanction, or additional restrictive condition or any other remedy under that Party's laws.

Article 5. Transparency

1. Each Party shall make public its competition laws, including procedural rules for investigation.

2. Each Party shall ensure that a final decision by a competition authority finding a violation of its competition laws is in writing, and sets out relevant findings of fact and the legal basis for the decision.

3. Each Party shall make public the grounds for any final decision or order to impose a sanction, or additional restrictive condition or any other remedy, whichever is applicable under the Party’s domestic laws, and any appeal therefrom, subject to that Party’s:

(a) (i) domestic laws and regulations;

(ii) need to safeguard confidential information; or

(iii) need to safeguard information on grounds of public policy or public interest; and

(b) redactions of the final decision or order on the grounds in (a)(i) to (iii) above.

Article 6. Cooperation In Law Enforcement

1. The Parties recognise the importance of cooperation and coordination between the respective competition authorities to promote effective competition law enforcement. Accordingly, each Party shall, on a best endeavour basis, cooperate through notification, consultation, exchange of information and technical cooperation.

2. The Parties agree to cooperate in a manner compatible with their respective laws, regulations and important interests, and within their reasonably available resources.

Article 7. Consultation

In order to foster understanding between the Parties, or to address specific matters that arise under this Chapter, a Party shall, on request of the other Party (the “requesting Party”), enter into consultations with the requesting Party. In its request, the requesting Party shall indicate, if relevant, how the matter affects trade or investment between the Parties. The Party addressed shall accord full and sympathetic consideration to the concerns of the requesting Party.

Article 8. Technical Cooperation

The Parties may promote technical cooperation, including exchange of experiences, capacity-building through training programmes, workshops and research collaborations for the purpose of enhancing each Party's capacity related to competition policy and law enforcement.

Article 9. Independence of Competition Law Enforcement

1. Each Party shall ensure independence in decision-making by its authority or authorities in relation to enforcement of competition laws.

2. The obligations under this Chapter shall not prejudice the independence of each Party in enforcing its respective competition laws.

Article 10. Non-Application of Dispute Settlement

Neither Party shall have recourse to Chapter 12 (Dispute Settlement) for any matter arising under this Chapter.

Chapter 17. ENVIRONMENT AND TRADE

Article 1. Context and Objectives

1. Recalling the Stockholm Declaration on the Human Environment of 1972, the Rio Declaration on Environment and Development of 1992, Agenda 21 of 1992, the Johannesburg Plan of Implementation on Sustainable Development of 2002, the Rio+20 Outcome Document “The Future We Want” of 2012, and the Transforming our world: the 2030 Agenda for Sustainable Development, the Parties acknowledge that economic development, social development and environmental protection are interdependent and mutually supportive components of sustainable development.

2. The Parties reaffirm their commitments to promoting economic development in such a way as to contribute to the objective of sustainable development.

3. The Parties agree that environmental standards should not be used for trade protectionist purposes.

Article 2. Levels of Protection

1. The Parties reaffirm each Party’s sovereign right to establish its own levels of environmental protection and its own environmental development priorities, and adopt or modify its environmental laws and policies.

2. Each Party shall seek to ensure that those laws and policies provide for and encourage high levels of environmental protection, and shall strive to implement these laws and policies effectively. Each Party shall also strive to continue to improve its respective levels of environmental protection.

Article 3. Multilateral Environmental Agreements

1. The Parties recognise that multilateral environmental agreements (MEAs) play an important role globally and domestically in protecting the environment. The Parties further recognise that this Chapter can contribute to realising the goals of such agreements.

2. The Parties strive to consult and cooperate as appropriate with respect to MEAs to which both Parties are party, on trade-related environmental issues of mutual interest.

Article 4. Enforcement of Environmental Measures Including Laws and Regulations

1. A Party shall not fail to effectively enforce its environmental measures including laws and regulations, through a sustained or recurring course of action or inaction, in a manner affecting trade or investment between the Parties.

2. The Parties recognise that it is inappropriate to encourage trade or investment by weakening or reducing the protections afforded in its environmental laws, regulations, policies and practices. Accordingly, neither Party shall waive or otherwise derogate from such laws, regulations, policies and practices in a manner that weakens or reduces the protections afforded in those laws, regulations, policies and practices.

3. Nothing in this Chapter shall be construed to empower a Party’s authorities to undertake environmental law enforcement activities in the territory of the other Party.

Article 5. Bilateral Cooperation

Recognising the importance of cooperation on environmental issues in achieving the goals of sustainable development, the Parties commit to implementing cooperation through existing bilateral agreements, such as the Memorandum of Understanding on Environmental Cooperation between the Ministry of the Environment and Water Resources of the Republic of Singapore and the Ministry of Ecology and Environment of the People’s Republic of China signed on 12 November 2018, and to enhancing cooperation in areas of common interest as appropriate.

Article 6. Institutional Arrangement

Each Party shall designate an office within its administration which shall serve as a contact point with the other Party for the purposes of promoting communication for the implementation of this Chapter.

Article 7. Non-Application of Dispute Settlement

Neither Party shall have recourse to Chapter 12 (Dispute Settlement) for any matter arising under this Chapter.

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  • Article   1 Amendment of Chapter 4 (Rules of Origin) of the Agreement 1
  • Article   2 Amendment of Chapter 5 (Customs Procedures) of the Agreement 1
  • Article   3 Amendment of Chapter 6 (Trade Remedies) of the Agreement 1
  • Article   4 Amendment of Chapter 10 (Investment) of the Agreement 1
  • Article   5 Amendment of Chapter 11 (Economic Co-operation) of the Agreement 1
  • Article   6 Additional Chapter 15 (Electronic Commerce) 1
  • Article   7 Additional Chapter 16 (Competition) 1
  • Article   8 Additional Chapter 17 (Environment and Trade) 1
  • Article   9 Amendment of Annex 2 (Product Specific Rules) to the Agreement 1
  • Article   10 Amendment of Annex 5 (Schedules of Specific Commitments on Services) to the Agreement 1
  • Article   11 General Provisions 1
  • Chapter   1 Initial Provisions 1
  • Article   1 Establishment of a Free Trade Area 1
  • Article   2 Objectives 1
  • Chapter   2 General Definitions 1
  • Article   3 General Definitions 1
  • Chapter   3 Trade In Goods 1
  • Article   4 Scope and Coverage 1
  • Article   5 National Treatment on Internal Taxation and Regulation 1
  • Article   6 Customs Duties 1
  • Article   7 Accelerated Tariff Elimination 1
  • Article   8 Quantitative Restrictions and Non-tariff Measures 1
  • Article   9 State Trading Enterprises 1
  • Chapter   4 Rules of Origin 1
  • Article   1 Definitions 1
  • Article   2 Origin Criteria 1
  • Article   3 Wholly Obtained Products 1
  • Article   4 Regional Value Content 1
  • Article   5 Cumulative Rule of Origin 2
  • Article   6 Product Specific Rules 2
  • Article   7 De Minimis 2
  • Article   8 Minimal Operations and Processes 2
  • Article   9 Direct Consignment 2
  • Article   10 Treatment of Packing 2
  • Article   11 Accessories, Spare Parts and Tools 2
  • Article   12 Fungible Products and Materials 2
  • Article   13 Neutral Elements 2
  • Article   14 Electronic Origin Data Exchange System 2
  • Article   15 Certificate of Origin 2
  • Article   16 Claims for Preferential Treatment 2
  • Article   17 Verification of Origin 2
  • Article   18 Waiver of Certificate of Origin 2
  • Article   19 Record Keeping Requirement 2
  • Article   20 Confidentiality 2
  • Article   21 Third Party Invoicing 2
  • Article   22 Committee on Rules of Origin 2
  • Chapter   5 Customs Procedures and Trade Facilitation 2
  • Article   1 Definitions 2
  • Article   2 Objectives 2
  • Article   3 Scope 2
  • Article   4 Facilitation 2
  • Article   5 Use of Automated Systems 2
  • Article   6 Single Window 2
  • Article   7 Customs Valuation 2
  • Article   8 Tariff Classification 2
  • Article   9 Publication and Enquiry Points 2
  • Article   10 Risk Management 3
  • Article   11 Advance Rulings 3
  • Article   12 Penalties 3
  • Article   13 Review and Appeal 3
  • Article   14 Pre-Arrival Processing 3
  • Article   15 Release of Goods 3
  • Article   16 Express Shipments 3
  • Article   17 Post-Clearance Audit 3
  • Article   18 Temporary Admission of Goods 3
  • Article   19 Customs Cooperation 3
  • Article   20 Consultation 3
  • Article   21 Committee on Customs Procedures and Trade Facilitation 3
  • Chapter   6 Trade Remedies 3
  • Article   1 Definitions 3
  • Article   2 General Provisions 3
  • Article   3 Cooperation and Consultation 3
  • Article   4 Anti-Dumping 3
  • Article   5 Subsidies and Countervailing Measures 3
  • Article   6 Global Safeguard Measures 3
  • Article   7 Bilateral Safeguard Measures 3
  • Chapter   7 Technical Barriers to Trade, Sanitary and Phytosanitary Measures 3
  • Article   44 Definitions 3
  • Article   45 Objectives 3
  • Article   46 Scope and Coverage 3
  • Article   47 Competent Authorities and Contact Points 3
  • Article   48 Reaffirmation 3
  • Article   49 Regionalisation 3
  • Article   50 Exchange of Information and Cooperation 3
  • Article   51 International Standards 3
  • Article   52 Conformity Assessment Procedure 3
  • Article   53 Equivalence 3
  • Article   54 Transparency 3
  • Article   55 Joint Working Group 4
  • Article   56 Confidentiality 4
  • Article   57 Preservation of Regulatory Authority 4
  • Article   58 Final Provisions on Annexes  (9) 4
  • Chapter   8 Trade In Services 4
  • Article   59 Definitions 4
  • Article   60 Scope and Coverage 4
  • Article   61 Market Access 4
  • Article   62 National Treatment 4
  • Article   63 Additional Commitments 4
  • Article   64 Schedule of Specific Commitments 4
  • Article   65 Domestic Regulation 4
  • Article   66 Recognition 4
  • Article   67 Recognition Co-operation 4
  • Article   68 Joint Committee on Recognition Co-operation 5
  • Article   69 Monopolies and Exclusive Service Suppliers 5
  • Article   70 Business Practices 5
  • Article   71 Safeguard Measures 5
  • Article   72 Payments and Transfers 5
  • Article   73 Transparency 5
  • Article   74 Disclosure of Confidential Information 5
  • Article   75 Denial of Benefits 5
  • Article   76 Miscellaneous Provisions 5
  • Chapter   9 Movement of Natural Persons 5
  • Article   77 Definitions 5
  • Article   78 Objectives 5
  • Article   79 Scope 5
  • Article   80 Expeditious Application Procedures 5
  • Article   81 General Principles for Grant of Temporary Entry 5
  • Article   82 Transparency 5
  • Article   83 Contact Points 5
  • Chapter   10 Investment 5
  • Section   A Investment 5
  • Article   1 Scope of Application 5
  • Article   2 Relation to other Chapters 5
  • Article   3 National Treatment  (3) 5
  • Article   4 Most-Favoured-Nation Treatment  (4) 5
  • Article   5 Minimum Standard of Treatment  (6) 5
  • Article   6 Non-Conforming Measures 5
  • Article   7 Expropriation and Compensation  (7) 5
  • Article   8 Compensation for Losses 6
  • Article   9 Transfers 6
  • Article   10 Measures to Safeguard the Balance of Payments 6
  • Article   11 Subrogation 6
  • Article   12 Denial of Benefits  (10) 6
  • Article   13 Transparency 6
  • Article   14 General Exceptions 6
  • Article   15 Security Exceptions 6
  • Article   16 Special Formalities and Information Requirements 6
  • Article   17 Protection of Confidential Information 6
  • Article   18 Prudential Measures 6
  • Article   19 Taxation 6
  • Article   20 Promotion of Investment 6
  • Article   21 Facilitation of Investment 6
  • Article   22 Work Programme for Subsequent Negotiations on Investment 6
  • Article   23 Transition Arrangement 6
  • Section   B Investor-State Dispute Settlement 6
  • Article   24 Scope 6
  • Article   25 Consultations 6
  • Article   26 Submission of a Claim to Arbitration 6
  • Article   27 Consent of Each Party to Arbitration 7
  • Article   28 Conditions and Limitations on Consent of Each Party 7
  • Article   29 Constitution of the Tribunal 7
  • Article   30 Conduct of the Arbitration 7
  • Article   31 Transparency of Arbitral Proceedings 7
  • Article   32 Governing Law 7
  • Article   33 Expert Reports 7
  • Article   34 Consolidation 7
  • Article   35 Awards 7
  • Article   36 Service of Documents 7
  • Section   C Definitions 7
  • Annex 10-A  Customary International Law 7
  • Annex 10-B  Expropriation 7
  • Annex 10-C  Service of Documents on a Party 8
  • Chapter   11 Economic Co-operation 8
  • Article   1 Objectives 8
  • Article   2 Cooperation Under the Belt and Road Initiative 8
  • Article   3 Trade and Investment Promotion 8
  • Article   4 Participation In China’s Regional Development 8
  • Article   5 Tourism Cooperation 8
  • Article   6 Human Resource Development 8
  • Article   7 Facilitation of “Go Global” Efforts of Chinese Enterprises 8
  • Chapter   12 Dispute Settlement 8
  • Article   91 Definitions 8
  • Article   92 Scope and Coverage 8
  • Article   93 Liaison Office 8
  • Article   94 Consultations 8
  • Article   95 Conciliation or Mediation 8
  • Article   96 Appointment of Arbitral Tribunals 8
  • Article   97 Composition of Arbitral Tribunals 8
  • Article   98 Functions of Arbitral Tribunals 8
  • Article   99 Proceedings of Arbitral Tribunals 8
  • Article   100 Suspension and Termination of Proceedings 8
  • Article   101 Implementation 8
  • Article   102 Compensation and Suspension of Concessions or Benefits 8
  • Article   103 Language 9
  • Article   104 Expenses 9
  • Chapter   13 Exceptions 9
  • Article   105 General Exceptions 9
  • Article   106 Security Exceptions 9
  • Article   107 Restrictions to Safeguard the Balance-of-payments 9
  • Chapter   14 General and Final Provisions 9
  • Article   108 Scope of Application 9
  • Article   109 State, Regional and Local Government 9
  • Article   110 Contact Point 9
  • Article   111 Implementation and Review 9
  • Article   112 Relation to other Agreements 9
  • Article   113 Annexes 9
  • Article   114 Amendments 9
  • Article   115 Entry Into Force, Duration and Termination 9
  • Chapter   15 ELECTRONIC COMMERCE 9
  • Article   1 Definitions 9
  • Article   2 General Provisions 9
  • Article   3 Domestic Regulatory Frameworks 9
  • Article   4 Electronic Authentication and Electronic Signatures 9
  • Article   5 Customs Duties 9
  • Article   6 Transparency 9
  • Article   7 Online Consumer Protection 9
  • Article   8 Personal Information Protection 9
  • Article   9 Paperless Trading 9
  • Article   10 Cooperation on Electronic Commerce 9
  • Article   11 Non-Application of Dispute Settlement 9
  • Chapter   16 COMPETITION 9
  • Article   1 Definitions 9
  • Article   2 Objectives 9
  • Article   3 Competition Laws and Authorities 9
  • Article   4 Principles In Law Enforcement 10
  • Article   5 Transparency 10
  • Article   6 Cooperation In Law Enforcement 10
  • Article   7 Consultation 10
  • Article   8 Technical Cooperation 10
  • Article   9 Independence of Competition Law Enforcement 10
  • Article   10 Non-Application of Dispute Settlement 10
  • Chapter   17 ENVIRONMENT AND TRADE 10
  • Article   1 Context and Objectives 10
  • Article   2 Levels of Protection 10
  • Article   3 Multilateral Environmental Agreements 10
  • Article   4 Enforcement of Environmental Measures Including Laws and Regulations 10
  • Article   5 Bilateral Cooperation 10
  • Article   6 Institutional Arrangement 10
  • Article   7 Non-Application of Dispute Settlement 10
    • Name
    China - Singapore FTA Upgrade (2018)
    PDF Link
    China - Singapore FTA Upgrade (2018)
    Signed date
    12 / Nov / 2018
    Date into force
    16 / Oct / 2019
    Treaty type
    Other International Investment Agreements
    Origin language
    en,zh
    Party ISO codes
    CHN,SGP
    PDF
    PDF
    Original PDF
    Original PDF