Kazakhstan - Singapore Services and Investment Agreement (2023)
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Existing Measures:

Residential  Property  Act 1976,  2020  Revised  Edition

State Lands Act 1920, 2020 Revised Edition

Sentosa Development Corporation Act 1972, 2020 Revised Edition

Housing  and Development  Act 1959, 2020 Revised Edition

Housing Developers (Control and Licensing) Act 1965, 2020 Revised Edition

Jurong Town Corporation Act 1968, 2020 Revised Edition

Executive Condominium Housing Scheme Act 1996, 2020 Revised Edition

Planning Act 1998, 2020 Revised Edition

Sale of Commercial Properties Act 1979, 2020 Revised Edition

5. Sector:  All

Sub-Sector:  -

Industry Classification: -

Obligations Concerned:

National Treatment (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6) Performance Requirements (Article 3.8)

Description:

Singapore reserves the right to adopt or maintain any measure affecting:

(a) the full or partial devolvement to the private sector of services provided in the exercise of governmental authority

(b) the divestment of its equity interests in, and/or the assets of, an enterprise that is wholly owned by the Singapore government; and

(c) the divestment of its equity interests in, and/or the assets of, an enterprise that is partially owned by the Singapore government.

Existing Measures: -

6. Sector:  All

Sub-Sector: -

Industry Classification:  -

Obligations Concerned:

National Treatment (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6)

Description:

Singapore reserves the right to adopt or maintain any measure in relation to the retention of a controlling interest by the Singapore Government in Singapore Technologies Engineering (the Company) and/or its successor body, including but not limited to controls over the appointment and termination of members of the Board of Directors, divestment of equity and dissolution of the Company.

Existing Measures: -

7. Sector: Administration and Operation of National Electronic Systems

Sub-Sector:  -

Industry Classification:  -

Obligations Concerned:

National Treatment (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6) Performance Requirements (Article 3.8)

Description:

Singapore reserves the right to adopt or maintain any measure relating to or affecting the collection and administration of proprietary information by national electronic systems.

Existing Measures: -

8. Sector:  Arms and Explosives

Sub-Sector:  -

Industry Classification:  -

Obligations Concerned:

National Treatment (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6)

Performance Requirements (Article 3.8)

Description:

Singapore reserves the right to adopt or maintain any measure affecting the arms and explosives sector.

Existing Measures: Arms and Explosives Act 1931, 2020 Revised Edition

9. Sector: Distribution, Publishing and Printing of Newspapers

"Newspaper" means any publication containing news, intelligence, reports of occurrences, or any remarks, observations or comments, in relation to such news, intelligence, reports of occurrences, or to any other matter of public interest, printed in any language and published for sale or free distribution at regular intervals or otherwise, but does not include any publication by or for the Government.

Sub-Sector: -

Industry Classification: -

Obligations Concerned:

National Treatment (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6)

Performance Requirements (Article 3.8)

Description:

Singapore reserves the right to adopt or maintain any measure affecting the distribution, publishing and printing of newspapers, including but not limited to, shareholding limits and management control.

The distribution of any newspaper, whether published outside of Singapore or in Singapore, shall be subject to the laws and regulations of Singapore.

Existing Measures: Newspaper and Printing Presses Act 1974, 2020 Revised Edition

10. Sector: Energy

Sub-Sector: -

Industry Classification: -

Obligations Concerned:

National Treatment (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6) Performance Requirements (Article 3.8)

Description:

Singapore reserves the right to adopt or maintain any measure affecting or relating to nuclear energy, including energy products (e.g. electricity, heat and steam) produced by nuclear energy.

Existing Measures: -

11. Sector: Potable Water for human consumption

Sub-Sector:  -

Industry Classification: -

Obligations Concerned:

National Treatment (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6)

Performance Requirements (Article 3.8)

Description:

Singapore reserves the right to adopt or maintain any measure affecting the supply of potable water.

For greater certainty, this entry does not affect the supply of bottled water.

Existing Measures: Public Utilities Act 2001, 2020 Revised Edition

12. Sector:  Sewage Services

Sub-Sector: Waste Water Management, including but not limited to the collection, disposal and treatment of solid waste and waste water.

Industry Classification: -

Obligations Concerned:

National Treatment (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6)

Performance Requirements (Article 3.8)

Description:

Singapore reserves the right to adopt or maintain any measure affecting waste water management, including but not limited to the collection, treatment and disposal of waste water.

Existing Measures:

Code of Practice on Sewerage and Sanitary Works

Sewerage and Drainage Act 1999, 2020 Revised Edition

13. Sector: Trade Services

Sub-Sector: Wholesale trade services and retail trade services of alcoholic beverages and tobacco

Industry Classification: -

Obligations Concerned:

National Treatment (Article 3.5)

Most-Favoured-Nation Treatment (Article 3.6) Performance Requirements (Article 3.8)

Description:

Singapore reserves the right to adopt or maintain any measure affecting the wholesale and retail trade services of tobacco products and alcoholic beverages.

Existing Measures_ -

14. Sector: All

Sub-Sector: -

Industry Classification: -

Obligations Concerned: Most-Favoured-Nation Treatment (Article 3.6)

Description

Singapore reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multinational international agreement. (1)

(1) For greater certainty, the wording in this paragraph extends to any differential treatment accorded to a country pursuant to a subsequent review or amendment of the relevant bilateral or multilateral agreement mentioned in that paragraph.

Singapore reserves the right to adopt or maintain any measure that accords differential treatment to ASEAN Member States under any international agreement 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, including air services;

(b) Maritime and services auxiliary to maritime, and port matters;

(c) Land transport matters;

(d) Postal and courier services matters;

(e) Telecommunications and information technology matters;

(f) E-commerce matters; and

(g) Environmental matters.

Existing Measures:  -

ANNEX 3-A. EXPROPRIATION

The Parties confirm their shared understanding that:

1. An action or a series of actions by a Party cannot constitute an expropriation unless it interferes with a tangible or intangible property right or property interest in an investment.

2. Paragraph I of Article 3.11 (Expropriation) addresses two situations. The first is direct expropriation, where an investment is nationalised or otherwise directly expropriated through formal transfer of title or outright seizure.

3. The second situation addressed by paragraph I of Article 3.1 1 (Expropriation) is indirect expropriation, where an action or series of actions by a Party has an effect equivalent to direct expropriation without formal transfer of title or outright seizure.

(a) The determination of whether an action or series of actions by a Party, in a specific fact situation, constitutes an indirect expropriation, requires a case-by-case, fact-based inquiry that considers, among other factors:

(i) the economic impact of the government action, although the fact that an action or series of actions by a Party has an adverse effect on the economic value of an investment, standing alone, does not establish that an indirect expropriation has occurred;

(ii) the extent to which the government action interferes with distinct, reasonable investment-backed expectations; and

(iii) the character of the government action.

(b) Except in rare circumstances, non-discriminatory regulatory actions by a Party that are designed and applied to protect legitimate public welfare objectives, such as public health, safety and the environment, do not constitute indirect expropriations.

Chapter 4. MOVEMENT OF NATURAL PERSONS

Article 4.1. Scope

1. This Chapter shall apply to measures affecting temporary entry of natural persons of a Party into the territory of the other Party with respect to the categories of such natural persons that are set out in that other Party's Schedule in Annex 4 - 1 (Schedule of Commitments for the Movement of Natural Persons Chapter).

2. This Chapter shall not apply to measures affecting natural persons of a Party seeking access to the employment market of the other Party, nor shall it apply to measures regarding citizenship, nationality, residence or employment on a permanent basis.

3. Nothing in this Agreement shall prevent a Party from applying measures to regulate the entry of natural persons of the other Party into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to the other Party under the terms of a specific commitment. The sole fact of requiring a visa for natural persons of a Party to this Agreement and not for those of a non-party shall not be regarded as nullifying or impairing benefits under the commitments made in this Agreement.

4. For the purposes of this Chapter, "temporary entry" means entry and stay by a natural person of a Party, without the intent to reside permanently within the territory of the other Party.

5. Neither Party shall impose or maintain any numerical restriction or requirement of economic needs test relating to temporary entry of natural persons referred to in paragraph 1 of this Chapter except as provided for in its Schedule in Annex 4 -1 (Schedule of Commitments for the Movement of Natural Persons Chapter).

Article 4.2. Provision of Information

1. For the purposes of this Chapter, each Party shall ensure that its competent authorities make publicly available such information in such a manner as will enable natural persons of the other Party to become acquainted with its measures relating to this Chapter. Such information shall be kept updated.

2. Information referred to in paragraph 1 refers to explanatory material, regarding the requirements for temporary entry under this Chapter. Such explanatory material shall include, where appropriate:

  • Chapter   1 INITIAL PROVISIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Scope 1
  • Article   1.4 Definitions of General Application 1
  • Chapter   2 TRADE IN SERVICES 1
  • Article   2.1 Scope and Coverage 1
  • Article   2.2 Most-Favoured-Nation Treatment 1
  • Article   2.3 Market Access 1
  • Article   2.4 National Treatment 1
  • Article   2.5 Additional Commitments 1
  • Article   2.6 Payments and Transfers 1
  • Article   2.7 Monopolies and Exclusive Service Suppliers 1
  • Article   2.8 Domestic Regulation 1
  • Chapter   3 INVESTMENT 2
  • Article   3.1 Definitions 2
  • Section   A Investment 2
  • Article   3.2 Scope 2
  • Article   3.3 Promotion and Protection of Investments 2
  • Article   3.4 Domestic Regulation 2
  • Article   3.5 National Treatment 2
  • Article   3.6 Most-Favoured-Nation Treatment 2
  • Article   3.7 Compensation for Losses 2
  • Article   3.8 Performance Requirements 2
  • Article   3.9 Non-Conforming Measures 2
  • Article   3.10 Expropriation (2) 2
  • Article   3.11 Subrogation 2
  • Article   3.12 Transfers 2
  • Article   3.13 Special Formalities and Treatment of Information 2
  • Section   B Investor-State Dispute Settlement 2
  • Article   3.14 Scope 2
  • Article   3.15 Institution of Arbitral Proceedings 2
  • Article   3.16 Constitution of Arbitral Tribunal 2
  • Article   3.17 Rules of Interpretation 2
  • Article   3.18 Place of Arbitration 2
  • Article   3.19 Conduct of the Arbitration 2
  • Article   3.20 Interim Measures of Protection and Diplomatic Protection 3
  • Article   3.21 Award 3
  • Article   3.22 Costs 3
  • Article   3.23 Consolidation 3
  • Article   3.24 Third-Party Funding 3
  • Section   C Final Provisions 3
  • Article   3.25 Publication of International Agreements 3
  • ANNEX 3-1  NON-CONFORMING MEASURES. SCHEDULE OF KAZAKHSTAN 3
  • ANNEX 3-1  NON-CONFORMING MEASURES. SCHEDULE OF SINGAPORE 3
  • ANNEX 3-2  NON-CONFORMING MEASURES. SCHEDULE OF KAZAKHSTAN 4
  • ANNEX 3-2  NON-CONFORMING MEASURES. SCHEDULE OF SINGAPORE 5
  • ANNEX 3-A  EXPROPRIATION 6
  • Chapter   4 MOVEMENT OF NATURAL PERSONS 6
  • Article   4.1 Scope 6
  • Article   4.2 Provision of Information 6
  • Article   4.3 Expeditious Application Procedures 7
  • Article   4.4 Dispute Settlement 7
  • ANNEX 4-1  KAZAKHSTAN'S SCHEDULE OF COMMITMENTS FOR THE MOVEMENT OF NATURAL PERSONS CHAPTER 7
  • ANNEX 4-1  SINGAPORE'S SCHEDULE OF COMMITMENTS FOR THE MOVEMENT OF NATURAL PERSONS CHAPTER 7
  • Chapter   5 TRANSPARENCY 7
  • Article   5.1 Publication 7
  • Article   5.2 Notification and Provision of Information 7
  • Article   5.3 Administrative Proceedings 7
  • Article   5.4 Review of Administrative Actions 7
  • Article   5.5 Specific Provisions 7
  • Chapter   6 DISPUTE SETTLEMENT 7
  • Article   6.1 Definitions 7
  • Article   6.2 Objective 7
  • Article   6.3 Scope 7
  • Article   6.4 Choice of Forum 7
  • Article   6.5 Consultations 7
  • Article   6.6 Good Offices, Conciliation or Mediation 7
  • Article   6.7 Initiation of Arbitration Procedure 7
  • Article   6.8 Composition and Establishment of the Arbitration Panel 7
  • Article   6.9 Terms of Reference 7
  • Article   6.10 Proceedings of the Arbitration Panel 7
  • Article   6.11 Interim and Final Arbitration Panel Report 7
  • Article   6.12 Implementation of the Arbitration Panel Report 7
  • Article   6.13 Compensation and Suspension of Concessions or other Obligations 7
  • Article   6.14 Compliance Review 7
  • Article   6.15 Suspension and Termination of Arbitration Procedures 7
  • Article   6.16 Rules of Procedure 7
  • Article   6.17 Rules of Interpretation 7
  • Article   6.18 Expenses 8
  • Article   6.19 Time Limits 8
  • ANNEX 6-1  RULES OF PROCEDURE FOR ARBITRATION 8
  • ANNEX 6-2  CODE OF CONDUCT FOR ARBITRATORS 8
  • Chapter   7 INSTITUTIONAL AND GENERAL PROVISIONS 8
  • Article   7.1 Joint Committee 8
  • Article   7.2 Contact Points 8
  • Article   7.3 Relationship with other Agreements 8
  • Article   7.4 Evolving WTO Law 8
  • Article   7.5 Taxation 8
  • Article   7.6 Restrictions to Safeguard the Balance-of-Payments 9
  • Article   7.7 General Exceptions (2) 9
  • Article   7.8 Security Exceptions 9
  • Article   7.9 Disclosure of Information 9
  • Article   7.10 Denial of Benefits 9
  • Chapter   8 FINAL PROVISIONS 9
  • Article   8.1 Amendments 9
  • Article   8.2 Entry Into Force 9
  • Article   8.3 Duration 9
  • Article   8.4 Savings Clause 9
  • Article   8.5 Annexes 9