Singapore - United States FTA (2003)
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(ii) whether the network elements can be replicated or obtained from other sources at reasonable rates, such that the unavailability of these network elements from the major supplier will not impair the ability of other suppliers of public telecommunications services to provide a competing service; or

(iii) whether the network elements are technically or operationally required for the provision of a competing service; or

(iv) other factors as established in national law;

as that body construes these factors.

Co-Location

4. (a) Each Party shall ensure that major suppliers in its territory provide to suppliers of public telecommunications services of the other Party physical co-location, at premises owned or controlled by the major supplier, of equipment necessary for interconnection or access to unbundled network elements on terms and conditions, and at cost-oriented rates, that are reasonable, non-discriminatory (including with respect to timeliness), and transparent.

(b) Where physical co-location is not practical for technical reasons or because of space limitations, each Party shall ensure that major suppliers in its territory provide or facilitate virtual co-location on terms and conditions, and at cost-oriented rates, that are reasonable, non-discriminatory (including with respect to timeliness), and transparent.

(c) Each Party may determine, in accordance with national law and regulation, which premises in its territory shall be subject to subparagraphs (a) and (b)

Resale

5. Each Party shall ensure that major suppliers in its territory:

(a) offer for resale, at reasonable (9-5) rates, to suppliers of public telecommunications services of the other Party, public telecommunications services that such major supplier provides at retail to end-users; and

(b) do not impose unreasonable or discriminatory conditions or limitations on the resale of such public telecommunications services. (9-6)

(9-5) In the United States, a wholesale rate set pursuant to domestic law and regulation shall be considered to be reasonable for purposes of subparagraph (a). In Singapore, wholesale rates are not required by the telecommunications regulatory body and therefore are not factored into a determination of what is considered to be reasonable for the purposes of subparagraph (a).
(9-6) In the United States, a reseller that obtains at wholesale rates a telecommunications service that is available at retail only to a category of subscribers may be prohibited from offering such service to a different category of subscribers. In Singapore, where national law and regulation provides for this, resellers that obtain public telecommunications services available at retail only to a category of subscribers at particular rates may be prohibited from offering such service to a different category of subscribers at that particular rate.

Poles, Ducts, and Conduits

6. (a) Each Party shall ensure that major suppliers in its territory provide access to poles, ducts, and conduits, owned or controlled by such major suppliers to suppliers of public telecommunications services of the other Party, under terms, conditions, and cost-oriented (9-7) rates, that are reasonable, non-discriminatory (including with respect to timeliness), and transparent.

(b) Nothing shall prevent a Party from determining, under its domestic law and regulation, which particular structures owned or controlled by the major suppliers in its territory, are required to be made available in accordance with paragraph (a) provided that this is based on a determination that such structures cannot feasibly be economically or technically substituted in order to provide a competing service.

(9-7) In the United States, this obligation may not apply to those states that regulate such rates as a matter of state law.

Number Portability

7. Each Party shall ensure that major suppliers in its territory provide number portability to the extent technically feasible, on a timely basis and on reasonable terms and conditions.

Interconnection

8. (a) General Terms and Conditions

Each Party shall ensure that any major supplier in its territory provides interconnection for the facilities and equipment of suppliers of public telecommunications services of the other Party:

(i) at any technically feasible point in the major supplier's network;

(ii) under non-discriminatory terms, conditions (including technical standards and specifications), and rates;

(iii) of a quality no less favorable than that provided by such major supplier for its own like services or for like services of non-affiliated suppliers of public telecommunications services or for its subsidiaries or other affiliates;

(iv) in a timely fashion, on terms, conditions, (including technical standards and specifications), and cost-oriented rates, that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and

(v) upon request, at points in addition to the network termination points offered to the majority of suppliers of public telecommunications services, subject to charges that reflect the cost of construction of necessary additional facilities. (9-8)

(9-8) These costs may include the cost of physical or virtual co-location referenced in Article 9.4.4.

(b) Options for Interconnecting with Major Suppliers

Each Party shall ensure that suppliers of public telecommunications services of the other Party may interconnect their facilities and equipment with those of major suppliers in its territory pursuant to at least one of the following options:

(i) a reference interconnection offer or another standard interconnection offer containing the rates, terms, and conditions that the major supplier offers generally to suppliers of public telecommunications services; or

(ii) the terms and conditions of an existing interconnection agreement or through negotiation of a new interconnection agreement.

(c) Public Availability of Interconnection Offers

Each Party shall require each major supplier in its territory to make publicly available either a reference interconnection offer or another standard interconnection offer containing the rates, terms, and conditions that the major supplier offers generally to suppliers of public telecommunications services.

(d) Public Availability of the Procedures for Interconnection Negotiations

Each Party shall make publicly available the applicable procedures for interconnection negotiations with major suppliers in its territory.

(e) Public Availability of Interconnection Agreements Concluded with Major Suppliers

(i) Each Party shall require major suppliers in its territory to file all interconnection agreements to which they are party with its telecommunications regulatory body.

(ii) Each Party shall make available for inspection to suppliers of public telecommunications services which are seeking interconnection, interconnection agreements in force between a major supplier in its territory and any other supplier of public telecommunications services in such territory, including interconnection agreements concluded between a major supplier and its affiliates and subsidiaries.

(f) Resolution of Interconnection Disputes

Each Party shall ensure that suppliers of public telecommunications services of the other Party, that have requested interconnection with a major supplier in the Party's territory have recourse to a telecommunications regulatory body to resolve disputes regarding the terms, conditions, and rates for interconnection within a reasonable and publicly available period of time.

Provisioning and Pricing of Leased Circuits Services (9-9)

9. (a) Each Party shall ensure that major suppliers of leased circuits services in its territory provide enterprises of the other Party leased circuits services that are public telecommunications services, on terms and conditions under pricing structures, and at rates that are reasonable, non-discriminatory (including with respect to timeliness), and transparent.

(b) Each Party may determine whether rates for leased circuits services in its territory are reasonable by taking into account the rates of like leased circuits services in comparable markets in other countries.

(9-9) The obligation under this article is not an obligation to provide leased circuits as an unbundled network element, which is addressed in Article 9.4.3.

Article 9.5. SUBMARINE CABLE LANDING STATIONS

1. Where under national law and regulation, a Party has authorized a supplier of public telecommunications services in its territory to operate a submarine cable system (including the landing facilities and services) as a public telecommunications service, that Party shall ensure that such supplier provides that public telecommunications service (9-10) to suppliers of public telecommunications services of the other Party on reasonable terms, conditions, and rates that are no less favorable than such supplier offers to any other supplier of public telecommunications services in like circumstances.

2. Where submarine cable landing facilities and services cannot be economically or technically substituted, and a major supplier of public international telecommunication services that controls such cable landing facilities and services has the ability to materially affect the price and supply for those facilities and services for the provision of public telecommunications services in a Party's territory, the Party shall ensure that such major supplier:

(a) permits suppliers of public telecommunications services of the other Party to:

(i) use the major supplier's cross-connect links in the submarine cable landing station to connect their equipment to backhaul links and submarine cable capacity of any supplier of telecommunications; and

(ii) co-locate their transmission and routing equipment used for accessing submarine cable capacity and backhaul links at the submarine cable landing station at terms, conditions, and cost-oriented rates, that are reasonable and non-discriminatory; and

(b) provides suppliers of telecommunications of the other Party submarine cable capacity, backhaul links, and cross-connect links in the submarine cable landing station at terms, conditions, and rates that are reasonable and non-discriminatory.

(9-10) This shall include any submarine cable landing facilities included as part of that authorization.

Article 9.6. INDEPENDENT REGULATION AND PRIVATIZATION

1. Each Party shall ensure that its telecommunications regulatory body is separate from, and not accountable to, any supplier of public telecommunications services. To this end, each Party shall ensure that its telecommunications regulatory body does not hold any financial interest or maintain an operating role in such a supplier.

2. Each Party shall ensure that the decisions of, and procedures used by its telecommunications regulatory body are impartial with respect to all interested persons. To this end, each Party shall ensure that any financial interest that it holds in a supplier of public telecommunications services does not influence the decisions of and procedures of its telecommunications regulatory body.

3. Where a Party has an ownership interest in a supplier of public telecommunications services, it shall notify the other Party of any intention to eliminate such interest as soon as feasible.

Article 9.7. UNIVERSAL SERVICE

Each Party shall administer any universal service obligation that it maintains in a transparent, nondiscriminatory, and competitively neutral manner and shall ensure that its universal service obligation is not more burdensome than necessary for the kind of universal service that it has defined.

Article 9.8. LICENSING PROCESS

1. When a Party requires a supplier of public telecommunications services to have a license, the Party shall make publicly available:

(a) all the licensing criteria and procedures it applies;

(b) the period of time normally required to reach a decision concerning an application for a license; and

(c) the terms and conditions of all licenses it has issued.

2. Each Party shall ensure that an applicant receives, upon request, the reasons for the denial of a license.

Article 9.9. ALLOCATION AND USE OF SCARCE RESOURCES (9-11)

1. Each Party shall administer its procedures for the allocation and use of scarce resources, including frequencies, numbers, and rights of way, in an objective, timely, transparent, and non-discriminatory fashion.

2. Each Party shall make publicly available the current state of allocated frequency bands but shall not be required to provide detailed identification of frequencies assigned or allocated by each government for specific government uses.

(9-11) The Parties understand that decisions on allocating and assigning spectrum, and frequency management are not measures that are per se inconsistent with Article 8.5 (Market Access) and Article 15.8 (Performance Requirements). Accordingly, each Party retains the right to exercise its spectrum and frequency management policies, which may affect the number of suppliers of public telecommunications services, provided that this is done in a manner that is consistent with the provisions of this Agreement. The Parties also retain the right to allocate frequency bands taking into account existing and future needs.

Article 9.10. ENFORCEMENT

Each Party shall ensure that its telecommunications regulatory body maintains appropriate procedures and authority to enforce domestic measures relating to the obligations under Articles 9.2 through 9.5. Such procedures and authority shall include the ability to impose effective sanctions, which may include financial penalties, injunctive relief (on an interim or final basis), or modification, suspension, and revocation of licenses.

Article 9.11. RESOLUTION OF DOMESTIC TELECOMMUNICATIONS DISPUTES

Further to Articles 19.5 (Administrative Proceedings) and 19.6 (Review and Appeal), each Party shall ensure the following:

Recourse to Telecommunications Regulatory Bodies

1. Each Party shall ensure that enterprises of the other Party have recourse (within a reasonable period of time) to a telecommunications regulatory body or other relevant body to resolve disputes arising under domestic measures addressing a matter set out in Articles 9.2 through 9.5.

Reconsideration

2. Each Party shall ensure that any enterprise aggrieved or whose interests are adversely affected by a determination or decision of the telecommunications regulatory body may petition that body for reconsideration of that determination or decision. Neither Party may permit such a petition to constitute grounds for non-compliance with such determination or decision of the telecommunications regulatory body unless an appropriate authority stays such determination or decision.

Judicial Review

3. Each Party shall ensure that any enterprise aggrieved by a determination or decision of the telecommunications regulatory body may obtain judicial review of such determination or decision by an impartial and independent judicial authority.

Article 9.12. TRANSPARENCY

Further to Chapter 19 (Transparency), each Party shall ensure that:

1. rulemakings, including the basis for such rulemakings, of its telecommunications regulatory body and end-user tariffs filed with its telecommunications regulatory body are promptly published or otherwise made available to all interested persons;

2. interested persons are provided with adequate advance public notice of and the opportunity to comment on any rulemaking proposed by the telecommunications regulatory body;

3. its measures relating to public telecommunications services are made publicly available, including:

(a) tariffs and other terms and conditions of service;

(b) specifications of technical interfaces;

(c) conditions applying to attachment of terminal or other equipment to the public telecommunications transport network; and

(d) notification, permit, registration, or licensing requirements, if any; and

4. information on bodies responsible for preparing, amending, and adopting standards- related measures is made publicly available.

Article 9.13. FLEXIBILITY IN THE CHOICE OF TECHNOLOGIES

A Party shall endeavor not to prevent suppliers of public telecommunications services from having the flexibility to choose the technologies that they use to supply their services, including commercial mobile services, subject to the ability of each Party to take measures to ensure that end-users of different networks are able to communicate with each other.

Article 9.14. FORBEARANCE AND MINIMAL REGULATORY ENVIRONMENT

The Parties recognize the importance of relying on market forces to achieve wide choice and efficient supply of telecommunications services. To this end, each Party may forbear from applying regulation to a telecommunications service that such Party classifies, under its laws and regulations, as a public telecommunications service upon a determination by its telecommunications regulatory body that:

(a) enforcement of such regulation is not necessary to prevent unreasonable or discriminatory practices;

(b) enforcement of such regulation is not necessary for the protection of consumers; and

(c) forbearance is consistent with the public interest, including promoting and enhancing competition among suppliers of public telecommunications services.

Article 9.15. RELATIONSHIP TO OTHER CHAPTERS

In the event of any inconsistency between this Chapter and another Chapter, this Chapter shall prevail to the extent of such inconsistency.

Article 9.16. DEFINITIONS

For purposes of this Chapter:

1. backhaul links means end-to-end transmission links from a submarine cable landing station to another primary point of access to the Party's public telecommunications transport network;

2. physical co-location means physical access to and control over space in order to install, maintain, or repair equipment used to provide public telecommunications services;

3. cost-oriented means based on cost, and may include a reasonable profit, and may involve different cost methodologies for different facilities or services;

4. commercial mobile services means public telecommunications services supplied through mobile wireless means;

5. cross-connect links means the links in a submarine cable landing station used to connect submarine cable capacity to the transmission, switching and routing equipment of different suppliers of public telecommunications services co-located in that submarine cable landing station;

6. customer proprietary network information means information made available to the supplier of public telecommunications services by the end-user solely by virtue of the end-user- telecommunications service supplier relationship. This includes information regarding the end- user's calling patterns (including the quantity, technical configuration, type, destination, location, and amount of use of the service) and other information that appears on or may pertain to an end-user's telephone bill;

7. end-user means a final consumer of or subscriber to a public telecommunications service, including a service supplier but excluding a supplier of public telecommunications services;

8. enterprise means an entity constituted or organized under applicable law, whether or not for profit, and whether privately or government owned or controlled. Forms that an enterprise may take include a corporation, trust, partnership, sole proprietorship, branch, joint venture, association, or similar organization;

9. essential facilities means facilities of a public telecommunications transport network or service that:

(a) are exclusively or predominantly provided by a single or limited number of suppliers; and

(b) cannot feasibly be economically or technically substituted in order to provide a service;

10. interconnection means linking with suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier;

11. leased circuits means telecommunications facilities between two or more designated points which are set aside for the dedicated use of or availability to a particular customer or other users of the customer's choosing;

12. major supplier means a supplier of public telecommunications services that has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for public telecommunications services as a result of:

(a) control over essential facilities; or

(b) use of its position in the market;

13. network element means a facility or equipment used in the provision of a public telecommunications service, including features, functions, and capabilities that are provided by means of such facility or equipment;

14. non-discriminatory means treatment no less favorable than that accorded to any other user of like public telecommunications transport networks or services in like circumstances;

15. number portability means the ability of end-users of public telecommunications services to retain, at the same location, existing telephone numbers without impairment of quality, reliability, or convenience when switching between like suppliers of public telecommunications services;

16. person means either a natural person or an enterprise;

17. public telecommunications transport network means telecommunications infrastructure which a Party requires to provide public telecommunications services between defined network termination points;

18. public telecommunications service means any telecommunications service (which a Party may define to include certain facilities used to deliver these telecommunications services) that a Party requires, explicitly or in effect, to be offered to the public generally. Such services may include inter alia, telephone and data transmission typically involving customer-supplied information between two or more points without any end-to-end change in the form or content of the customer's information; (9-12)

(9-12) Because the United States does not classify services described in 47 U.S.C. § 153(20) as public telecommunications services, these services are not considered public telecommunications services for the purposes of this Agreement. This does not prejudice either Party's positions in the WTO on the scope and definition of these services.

19. reference interconnection offer means an interconnection offer extended by a major supplier and filed with or approved by a telecommunications regulatory body that is sufficiently detailed to enable a supplier of public telecommunications services that is willing to accept its rates, terms, and conditions to obtain interconnection without having to engage in negotiations with the major supplier concerned;

20. service supplier means any person that supplies a service;

21. submarine cable landing station means the premises and buildings where international submarine cables arrive and terminate and are connected to backhaul links;

22. supplier of public telecommunications services means any provider of public telecommunications services, including those who provide such services to other suppliers of public telecommunications services; (9-13)

(9-13) (a) For purposes of Singapore's obligations in Articles 9.3, 9.4.1, 9.4.5, 9.4.8, and 9.13, the phrase supplier of public telecommunications services means a facilities-based licensee or services-based licensee that uses switching or routing equipment, in accordance with the Singapore Code of Practice for Competition in the Provision of Telecommunications Services, 2000. (b) For purposes of Singapore's obligations in Articles 9.4.3, 9.4.4, 9.4.6 and 9.5, the phrase supplier of public telecommunications services means a facilities-based licensee in accordance with the Singapore Code of Practice for Competition in the Provision of Telecommunications Services, 2000.

23. telecommunications means the transmission and reception of signals by any electromagnetic means; (9-14)

(9-14) Including by photonic means.

24. telecommunications regulatory body means a national body responsible for the regulation of telecommunications; and

25. user means an end-user or a supplier of public telecommunications services.

Chapter 10. FINANCIAL SERVICES

Article 10.1. SCOPE AND COVERAGE

1. This Chapter applies to measures adopted or maintained by a Party relating to:

(a) financial institutions of the other Party;

(b) investors of the other Party, and investments of such investors, in financial institutions in the Party's territory; and

(c) cross-border trade in financial services.

2. Chapters 8 (Cross-Border Trade in Services) and 15 (Investment) apply to measures described in paragraph 1 only to the extent that such Chapters or Articles of such Chapters are incorporated into this Chapter.

(a) Articles 8.11 (Denial of Benefits), 15.6 (Expropriation), (10-1) 15.7 (Transfers), 15.10 (Investment and Environment), 15.11 (Denial of Benefits), and 15.13 (Special Formalities and Information Requirements) are hereby incorporated into and made a part of this Chapter.

(b) Section C of Chapter 15 (Investor-State Dispute Settlement) is hereby incorporated into and made a part of this Chapter solely for claims that a Party has breached Articles 15.6 (Expropriation), 15.7 (Transfers), 15.11 (Denial of Benefits), and 15.13 (Special Formalities and Information Requirements), as incorporated into this Chapter.

(c) Article 8.10 (Transfers and Payments), is incorporated into and made a part of this Chapter to the extent that cross-border trade in financial services is subject to obligations pursuant to Article 10.5.

3. This Chapter does not apply to measures adopted or maintained by a Party relating to:

(a) activities or services forming part of a public retirement plan or statutory system of social security; or

(b) activities or services conducted for the account or with the guarantee or using the financial resources of the Party, including its public entities, except that this Chapter shall apply if a Party allows any of the activities or services referred to in subparagraphs (a) or (b) to be conducted by its financial institutions in competition with a public entity or a financial institution.

4. This Chapter does not apply to laws, regulations or requirements governing the procurement by government agencies of financial services purchased for governmental purposes and not with a view to commercial resale or use in the supply of services for commercial sale.

(10-1) For greater certainty, the letters referred to in Article 15.26 (Status of Letter Exchanges), to the extent relevant, are applicable to Article 15.6 (Expropriation) as incorporated into this Chapter.

Article 10.2. NATIONAL TREATMENT

1. Each Party shall accord to investors of the other Party treatment no less favorable than that it accords to its own investors, in like circumstances, with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of financial institutions and investments in financial institutions in its territory.

  • Chapter   1 ESTABLISHMENT OF A FREE TRADE AREA AND DEFINITIONS 1
  • Article   1.1 GENERAL 1
  • Article   1.2 GENERAL DEFINITIONS 1
  • ANNEX 1A  CERTAIN DEFINITIONS 1
  • Chapter   2 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Article   2.1 NATIONAL TREATMENT 1
  • Article   2.2 ELIMINATION OF DUTIES 1
  • Article   2.3 CUSTOMS VALUE 1
  • Article   2.4 EXPORT TAX 1
  • Article   2.5 TEMPORARY ADMISSION 1
  • Article   2.6 GOODS RE-ENTERED AFTER REPAIR OR ALTERATION 1
  • Article   2.7 IMPORT AND EXPORT RESTRICTIONS 1
  • Article   2.8 MERCHANDISE PROCESSING FEE 1
  • Article   2.9 DISTILLED SPIRITS 1
  • Article   2.10 BROADCASTING APPARATUS 1
  • Article   2.11 CHEWING GUM 1
  • Article   2.12 TARIFF TREATMENT OF NON-ORIGINATING COTTON AND MAN-MADE FIBER APPAREL GOODS (TARIFF PREFERENCE LEVELS) 1
  • Article   2.13 DEFINITIONS 1
  • Chapter   3 RULES OF ORIGIN 1
  • Section   A ORIGIN DETERMINATION 1
  • Article   3.1 ORIGINATING GOODS 1
  • Article   3.2 TREATMENT OF CERTAIN PRODUCTS 1
  • Article   3.3 DE MINIMIS 1
  • Article   3.4 ACCUMULATION 2
  • Article   3.5 REGIONAL VALUE CONTENT 2
  • Article   3.6 VALUE OF MATERIALS 2
  • Article   3.7 ACCESSORIES, SPARE PARTS, AND TOOLS 2
  • Article   3.8 FUNGIBLE GOODS AND MATERIALS 2
  • Article   3.9 PACKAGING MATERIALS AND CONTAINERS FOR RETAIL SALE 2
  • Article   3.10 PACKING MATERIALS AND CONTAINERS FOR SHIPMENT 2
  • Article   3.11 INDIRECT MATERIALS 2
  • Article   3.12 THIRD COUNTRY TRANSPORTATION 2
  • Section   B SUPPORTING INFORMATION AND VERIFICATION 2
  • Article   3.13 CLAIMS FOR PREFERENTIAL TREATMENT 2
  • Article   3.14 OBLIGATIONS RELATING TO IMPORTATIONS 2
  • Article   3.15 RECORD KEEPING REQUIREMENT 2
  • Article   3.16 VERIFICATION 2
  • Article   3.17 CERTAIN APPAREL GOODS 2
  • Section   C CONSULTATION AND MODIFICATIONS 2
  • Article   3.18 CONSULTATION AND MODIFICATIONS 2
  • Section   D DEFINITIONS 2
  • Article   3.19 DEFINITIONS 2
  • Section   E APPLICATION AND INTERPRETATION 2
  • Article   3.20 APPLICATION AND INTERPRETATION 2
  • Chapter   4 CUSTOMS ADMINISTRATION 2
  • Article   4.1 PUBLICATION AND NOTIFICATION 2
  • Article   4.2 ADMINISTRATION 3
  • Article   4.3 ADVANCE RULINGS 3
  • Article   4.4 REVIEW AND APPEAL 3
  • Article   4.5 COOPERATION 3
  • Article   4.6 CONFIDENTIALITY 3
  • Article   4.7 PENALTIES 3
  • Article   4.8 RELEASE AND SECURITY 3
  • Article   4.9 RISK ASSESSMENT 3
  • Article   4.10 EXPRESS SHIPMENTS 3
  • Article   4.11 DEFINITIONS 3
  • Chapter   5 TEXTILES AND APPAREL 3
  • Article   5.1 SCOPE 3
  • Article   5.2 ANTI-CIRCUMVENTION 3
  • Article   5.3 MONITORING 3
  • Article   5.4 COOPERATION 3
  • Article   5.5 ENFORCEMENT 4
  • Article   5.6 INFORMATION SHARING 4
  • Article   5.7 CONFIDENTIALITY 4
  • Article   5.8 CONSULTATIONS AND RELATED MATTERS 4
  • Article   5.9 BILATERAL TEXTILE AND APPAREL SAFEGUARD ACTIONS 4
  • Article   5.10 EFFECTIVE DATE 4
  • Article   5.11 DEFINITIONS 4
  • Chapter   6 TECHNICAL BARRIERS TO TRADE 4
  • Article   6.1 SCOPE 4
  • Article   6.2 ENHANCED COOPERATION AND CHAPTER 6 COORDINATOR 4
  • Article   6.3 CONFORMITY ASSESSMENT AND OTHER AREAS OF MUTUAL INTEREST 4
  • Article   6.4 DEFINITIONS 4
  • Chapter   7 SAFEGUARDS 4
  • Article   7.1 APPLICATION OF A BILATERAL SAFEGUARD MEASURE 4
  • Article   7.2 CONDITIONS AND LIMITATIONS 4
  • Article   7.3 PROVISIONAL MEASURES 4
  • Article   7.4 COMPENSATION 4
  • Article   7.5 GLOBAL SAFEGUARD MEASURES 4
  • Article   7.6 DEFINITIONS 4
  • Chapter   8 CROSS-BORDER TRADE IN SERVICES 4
  • Article   8.1 DEFINITIONS 5
  • Article   8.2 SCOPE AND COVERAGE 5
  • Article   8.3 NATIONAL TREATMENT 5
  • Article   8.4 MOST-FAVORED-NATION TREATMENT 5
  • Article   8.5 MARKET ACCESS 5
  • Article   8.6 LOCAL PRESENCE 5
  • Article   8.7 NON-CONFORMING MEASURES 5
  • Article   8.8 DOMESTIC REGULATION 5
  • Article   8.9 RECOGNITION 5
  • Article   8.10 TRANSFERS AND PAYMENTS 5
  • Article   8.11 DENIAL OF BENEFITS 5
  • Article   8.12 TRANSPARENCY IN DEVELOPMENT AND APPLICATION OF REGULATIONS 5
  • Article   8.13 IMPLEMENTATION 5
  • Chapter   9 TELECOMMUNICATIONS 5
  • Article   9.1 SCOPE AND COVERAGE 5
  • Article   9.2 ACCESS TO AND USE OF PUBLIC TELECOMMUNICATIONS TRANSPORT NETWORKS AND SERVICES  (9-2) 5
  • Article   9.3 INTERCONNECTION WITH SUPPLIERS OF PUBLIC TELECOMMUNICATIONS SERVICES 5
  • Article   9.4 CONDUCT OF MAJOR SUPPLIERS (9-3) (9-4) 5
  • Article   9.5 SUBMARINE CABLE LANDING STATIONS 6
  • Article   9.6 INDEPENDENT REGULATION AND PRIVATIZATION 6
  • Article   9.7 UNIVERSAL SERVICE 6
  • Article   9.8 LICENSING PROCESS 6
  • Article   9.9 ALLOCATION AND USE OF SCARCE RESOURCES (9-11) 6
  • Article   9.10 ENFORCEMENT 6
  • Article   9.11 RESOLUTION OF DOMESTIC TELECOMMUNICATIONS DISPUTES 6
  • Article   9.12 TRANSPARENCY 6
  • Article   9.13 FLEXIBILITY IN THE CHOICE OF TECHNOLOGIES 6
  • Article   9.14 FORBEARANCE AND MINIMAL REGULATORY ENVIRONMENT 6
  • Article   9.15 RELATIONSHIP TO OTHER CHAPTERS 6
  • Article   9.16 DEFINITIONS 6
  • Chapter   10 FINANCIAL SERVICES 6
  • Article   10.1 SCOPE AND COVERAGE 6
  • Article   10.2 NATIONAL TREATMENT 6
  • Article   10.3 MOST-FAVORED-NATION TREATMENT 7
  • Article   10.4 MARKET ACCESS FOR FINANCIAL INSTITUTIONS 7
  • Article   10.5 CROSS-BORDER TRADE IN FINANCIAL SERVICES 7
  • Article   10.6 NEW FINANCIAL SERVICES 7
  • Article   10.7 TREATMENT OF CERTAIN INFORMATION 7
  • Article   10.8 SENIOR MANAGEMENT AND BOARDS OF DIRECTORS 7
  • Article   10.9 NON-CONFORMING MEASURES 7
  • Article   10.10 EXCEPTIONS 7
  • Article   10.11 TRANSPARENCY 7
  • Article   10.12 SELF-REGULATORY ORGANIZATIONS 7
  • Article   10.13 PAYMENT AND CLEARING SYSTEMS 7
  • Article   10.14 DOMESTIC REGULATION 7
  • Article   10.15 EXPEDITED AVAILABILITY OF INSURANCE SERVICES 7
  • Article   10.16 FINANCIAL SERVICES COMMITTEE 7
  • Article   10.17 CONSULTATIONS 7
  • Article   10.18 DISPUTE SETTLEMENT 7
  • Article   10.19 INVESTMENT DISPUTES IN FINANCIAL SERVICES 7
  • Article   10.20 DEFINITIONS 7
  • Chapter   11 TEMPORARY ENTRY OF BUSINESS PERSONS 8
  • Article   11.1 DEFINITIONS 8
  • Article   11.2 GENERAL PRINCIPLES 8
  • Article   11.3 GENERAL OBLIGATIONS 8
  • Article   11.4 GRANT OF TEMPORARY ENTRY 8
  • Article   11.5 REGULATORY TRANSPARENCY 8
  • Article   11.6 PROVISION OF INFORMATION 8
  • Article   11.7 TEMPORARY ENTRY COORDINATORS 8
  • Article   11.8 DISPUTE SETTLEMENT 8
  • Article   11.9 RELATION TO OTHER CHAPTERS 8
  • Annex 11A  8
  • Section   I BUSINESS VISITORS 8
  • Section   II TRADERS AND INVESTORS 8
  • Section   III INTRA-COMPANY TRANSFEREES 8
  • Section   IV PROFESSIONALS 8
  • Chapter   12 ANTICOMPETITIVE BUSINESS CONDUCT, DESIGNATED MONOPOLIES, AND GOVERNMENT ENTERPRISES 8
  • Article   12.1 OBJECTIVES 8
  • Article   12.2 ANTICOMPETITIVE BUSINESS CONDUCT 8
  • Article   12.3 DESIGNATED MONOPOLIES AND GOVERNMENT ENTERPRISES 8
  • Article   12.4 COOPERATION 8
  • Article   12.5 TRANSPARENCY AND INFORMATION REQUESTS 8
  • Article   12.6 CONSULTATIONS 8
  • Article   12.7 DISPUTES 8
  • Article   12.8 DEFINITIONS 8
  • Chapter   13 GOVERNMENT PROCUREMENT 9
  • Article   13.1 GENERAL 9
  • Article   13.2 SCOPE AND COVERAGE 9
  • Article   13.3 INCORPORATION OF GPA PROVISIONS 9
  • Article   13.4 EXCEPTIONS 9
  • Article   13.5 MODIFICATIONS AND RECTIFICATIONS TO COVERAGE 9
  • Article   13.6 DEFINITIONS 9
  • Chapter   14 ELECTRONIC COMMERCE 9
  • Article   14.1 GENERAL 9
  • Article   14.2 ELECTRONIC SUPPLY OF SERVICES 9
  • Article   14.3 DIGITAL PRODUCTS 9
  • Article   14.4 DEFINITIONS 9
  • Chapter   15 INVESTMENT 9
  • Section   A DEFINITIONS 9
  • Section   B INVESTMENT 10
  • Article   15.2 SCOPE AND COVERAGE 10
  • Article   15.3 RELATION TO OTHER CHAPTERS 10
  • Article   15.4 NATIONAL TREATMENT AND MOST-FAVORED-NATION TREATMENT 10
  • Article   15.5 MINIMUM STANDARD OF TREATMENT (15-8) 10
  • Article   15.6 EXPROPRIATION (15-9) 10
  • Article   15.7 TRANSFERS (15-10) 10
  • Article   15.8 PERFORMANCE REQUIREMENTS (15-11) 10
  • Article   15.9 SENIOR MANAGEMENT AND BOARDS OF DIRECTORS 10
  • Article   15.10 INVESTMENT AND ENVIRONMENT 10
  • Article   15.11 DENIAL OF BENEFITS 10
  • Article   15.12 NON-CONFORMING MEASURES 10
  • Article   15.13 SPECIAL FORMALITIES AND INFORMATION REQUIREMENTS 10
  • Section   C INVESTOR-STATE DISPUTE SETTLEMENT 10
  • Article   15.14 CONSULTATION AND NEGOTIATION 10
  • Article   15.15 SUBMISSION OF A CLAIM TO ARBITRATION (15-12) 10
  • Article   15.16 CONSENT OF EACH PARTY TO ARBITRATION 11
  • Article   15.17 CONDITIONS AND LIMITATIONS ON CONSENT OF EACH PARTY 11
  • Article   15.18 SELECTION OF ARBITRATORS 11
  • Article   15.19 CONDUCT OF THE ARBITRATION 11
  • Article   15.20 TRANSPARENCY OF ARBITRAL PROCEEDINGS 11
  • Article   15.21 GOVERNING LAW 11
  • Article   15.22 INTERPRETATION OF ANNEXES 11
  • Article   15.23 EXPERT REPORTS 11
  • Article   15.24 CONSOLIDATION 11
  • Article   15.25 AWARDS 11
  • Article   15.26 STATUS OF LETTER EXCHANGES 11
  • Article   15.27 SERVICE OF DOCUMENTS 11
  • Annex 15 A  TRANSFERS 11
  • Annex 15-B  PERFORMANCE REQUIREMENTS 11
  • Annex 15-C  PERFORMANCE REQUIREMENTS 11
  • Annex 15D  SERVICE OF DOCUMENTS ON A PARTY UNDER SECTION C 11
  • Chapter   16 INTELLECTUAL PROPERTY RIGHTS 11
  • Article   16.1 GENERAL PROVISIONS 11
  • Article   16.2 TRADEMARKS, INCLUDING GEOGRAPHICAL INDICATIONS 12
  • Article   16.3 DOMAIN NAMES ON THE INTERNET 12
  • Article   16.4 OBLIGATIONS COMMON TO COPYRIGHT AND RELATED RIGHTS 12
  • Article   16.5 OBLIGATIONS PERTAINING TO RELATED RIGHTS 12
  • Article   16.6 PROTECTION OF ENCRYPTED PROGRAM-CARRYING SATELLITE SIGNALS 12
  • Article   16.7 PATENTS 12
  • Article   16.8 CERTAIN REGULATED PRODUCTS 12
  • Article   16.9 ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 12
  • Article   16.10 TRANSITIONAL PROVISIONS 13
  • Chapter   17 LABOR 13
  • Article   17.1 STATEMENT OF SHARED COMMITMENT 13
  • Article   17.2 APPLICATION AND ENFORCEMENT OF LABOR LAWS 13
  • Article   17.3 PROCEDURAL GUARANTEES AND PUBLIC AWARENESS 13
  • Article   17.4 INSTITUTIONAL ARRANGEMENTS 13
  • Article   17.5 LABOR COOPERATION 13
  • Article   17.6 LABOR CONSULTATIONS 13
  • Article   17.7 DEFINITIONS 13
  • Annex 17A  UNITED STATES - SINGAPORE LABOR COOPERATION MECHANISM 13
  • Chapter   18 ENVIRONMENT 13
  • Article   18.1 LEVELS OF PROTECTION 13
  • Article   18.2 APPLICATION AND ENFORCEMENT OF ENVIRONMENTAL LAWS 13
  • Article   18.3 PROCEDURAL MATTERS 13
  • Article   18.4 INSTITUTIONAL ARRANGEMENTS 13
  • Article   18.5 OPPORTUNITIES FOR PUBLIC PARTICIPATION 13
  • Article   18.6 ENVIRONMENTAL COOPERATION 14
  • Article   18.7 ENVIRONMENTAL CONSULTATIONS 14
  • Article   18.8 RELATIONSHIP TO ENVIRONMENTAL AGREEMENTS 14
  • Article   18.9 PRINCIPLES OF CORPORATE STEWARDSHIP 14
  • Article   18.10 DEFINITIONS 14
  • Chapter   19 TRANSPARENCY 14
  • Article   19.1 DEFINITIONS 14
  • Article   19.2 CONTACT POINTS 14
  • Article   19.3 PUBLICATION 14
  • Article   19.4 NOTIFICATION AND PROVISION OF INFORMATION 14
  • Article   19.5 ADMINISTRATIVE PROCEEDINGS 14
  • Article   19.6 REVIEW AND APPEAL 14
  • Chapter   20 ADMINISTRATION AND DISPUTE SETTLEMENT 14
  • Article   20.1 JOINT COMMITTEE 14
  • Article   20.2 ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS 14
  • Article   20.3 CONSULTATIONS 14
  • Article   20.4 ADDITIONAL DISPUTE SETTLEMENT PROCEDURES 14
  • Article   20.5 IMPLEMENTATION OF THE FINAL REPORT 14
  • Article   20.6 NON-IMPLEMENTATION 14
  • Article   20.7 NON-IMPLEMENTATION IN CERTAIN DISPUTES 15
  • Article   20.8 COMPLIANCE REVIEW 15
  • Article   20.9 FIVE-YEAR REVIEW 15
  • Article   20.10 PRIVATE RIGHTS 15
  • Annex 20A  INFLATION ADJUSTMENT FORMULA FOR MONETARY ASSESSMENTS 15
  • Chapter   21 GENERAL AND FINAL PROVISIONS 15
  • Article   21.1 GENERAL EXCEPTIONS 15
  • Article   21.2 ESSENTIAL SECURITY 15
  • Article   21.3 TAXATION 15
  • Article   21.4 DISCLOSURE OF INFORMATION 15
  • Article   21.5 ANTI-CORRUPTION 15
  • Article   21.6 ACCESSION 15
  • Article   21.7 ANNEXES 15
  • Article   21.8 AMENDMENTS 15
  • Article   21.9 ENTRY INTO FORCE AND TERMINATION 15