Pacific Alliance - Singapore FTA (2022)
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(i) waste and scrap derived from:

(i) production carried out there; or

(ii) used goods collected there;

provided that such waste or scrap is fit only for the recovery of raw materials;

and

(j) a good obtained or produced there exclusively from a good referred to in subparagraphs (a) through (i).

Article 4.4. Regional Value Content

1. Each Party shall provide that a regional value content requirement specified in this Chapter, including related Annex 4-A, to determine whether a good is originating is calculated as follows:

(a) Build-down Method: Based on the Value of Non-Originating Materials

RVC = FOB - VNM / FOB x 100

(b) Build-up Method: Based on the Value of Originating Materials

RVC = VOM/FOB x 100

or 

(c) Net Cost Method (for Automotive Goods Only)

RVC = NC - VNM / NC x 100

where:

RVC is the regional value content of a good expressed as a percentage; FOB is the free on board value of the good;

VOM is the value of originating materials used in the production of the good in the territory of one or more of the Parties;

NC is the net cost of the good determined in accordance with Article 4.5; and

VNM is the value of non-originating materials, including materials of undetermined origin, used in the production of the good.

2. Each Party shall provide that all values considered for the calculation of regional value content are recorded and maintained in conformity with the Generally Accepted Accounting Principles applicable in the territory of a Party where the good is produced.

Article 4.5. Net Cost

1. Each Party shall provide that for the purpose of the regional value content requirement specified in Article 4.4.1 (c), net cost means total cost minus sales promotion, marketing and after- sales service costs, shipping and packing costs, royalties and non -allowable interest costs that are included in the total cost, and shall be calculated in accordance with the following definitions.

2. Net cost of the good means the net cost that can be reasonably allocated to the good, using one of the following methods:

(a) calculating the total cost incurred with respect to all automotive goods produced by that producer, subtracting any sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, and non-allowable interest costs that are included in the total cost of all those goods, and then reasonably allocating the resulting net cost of those goods to the good;

(b) calculating the total cost incurred with respect to all automotive goods produced by that producer, reasonably allocating the total cost to the good, and then subtracting any sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, and non-allowable interest costs that are included in the portion of the total cost allocated to the good; or

(c) reasonably allocating each cost that forms part of the total cost incurred with respect to the good, so that the aggregate of these costs does not include any sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, and non-allowable interest costs, provided that the allocation of all those costs is consistent with the provisions regarding the reasonable allocation of costs set out in Generally Accepted Accounting Principles.

For the purpose of this paragraph, reasonably allocate means to apportion in an appropriate manner under Generally Accepted Accounting Principles.

3. Total cost means all product costs, period costs and other costs fora good incurred in the territory of one or more of the Parties, where:

(a) product costs are costs that are associated with the production of a good and include the value of materials, direct labour costs and direct overheads;

(b) period costs are costs, other than product costs, that are expensed in the period in which they are incurred, such as selling expenses and general and administrative expenses; and

(c) other costs are all costs recorded on the books of the producer that are not product costs or period costs, such as interest.

Total cost does notinclude profits thatare earned by the producer, regardless of whether they are retained by the producer or paid out to other persons as dividends, or taxes paid on those profits, including capital gains taxes.

4. Costs of sales promotion, marketing and after-sales services of goods means the following costs:

(a) sales and marketing promotion; media advertising; advertising and market research; promotional and demonstration materials; displayed goods; sales promotion conferences, trade shows and trade conventions; banners; marketing exhibitions; free samples; sales, marketing and after-sales services literature such as product brochures, catalogs, technical literature, price lists, service manuals and sales aid information; establishment and protection of logos and trademarks; sponsorships; whole sale and retail restocking charges, and entertainment;

(b) sales and marketing incentives; consumer, retailer, or wholesaler rebates; and merchandise incentives;

(c) wages and salaries, sales commissions; bonuses; benefits such as medical, insurance and pension benefits; traveling and living expenses; and membership and professional fees for sales promotion, marketing and after-sales service personnel;

(d) recruiting and training of sales promotion, marketing and after-sale services personnel, and after-sales training of customers' employees if those costs are identified separately for sales promotion, marketing and after-sales services of goods on the financial statements or cost account of the producer;

(e) product liability insurance;

(f) office supplies for sales promotion, marketing and after-sales servicesof goods, if those costs are identified separately for sales promotion, marketing and after-sales services of goods on the financial statements or cost accounts of the producer;

(g) telephone, mail and other communications, if those costs are identified separately for sales promotion, marketing and after-sales services of goods on the financial statements or cost accounts of the producer;

(h) rents and depreciation of sales promotion, marketing and after-sales service offices, and distribution centres;

(i) property insurance premiums, taxes, cost of utilities and repair and maintenance of sales promotion, marketing and after-sales service office and distribution centres, if those costs are identified separately for sales promotion, marketing and after-sales services of goods on the financial statements or cost accounts of the producer; and

(j) payments by the producer to other persons for warranty repairs.

5. Shipping and packing costs means costs incurred to pack a good for shipment and to ship the good from the point of direct shipment to the buyer, excluding costs to prepare and package the good for retail sale.

6. Royalties mean payments of any kind, including payments under technical assistance or similar agreements, made as consideration for the use or right to use any copyright; literary, artistic or scientific work; patent; trademark; design; model; plan; secret formula or process, excluding those payments under technical assistance or similar agreements that can be related to specific services such as:

(a) personnel training, without regard to where that training is performed; or

(b) engineering, tooling, die-setting, software design and similar computer services, or other services,

if performed in the territory of one or more of the Parties.

7. Non-allowable interest costs mean interest costs incurred by a producer that exceed 700 basis points above the yield on debt obligations of comparable maturities issued by the central level of government of the Party in which the producer is located.

8. Each Party shall provide that, for the purposes of the Net Cost Method for motor vehicles of heading 87.01 through 87.06, the calculation may be averaged over the producer's fiscal year using any one of the following categories, on the basis of all motor vehicles in the category or only those motor vehicles in the category that are exported to the territory of the other Party:

(a) the same model of line of motor vehicles in the same class of motor vehicles produced in the same plant in the territory of a Party;

(b) the same class of motor vehicles produced in the same plantin the territory of a Party;

(c) the same model line of motor vehicles produced in the territory of a Party; or

(d) any other category as the Parties may decide.

9. For the purposes of paragraph 8:

(a) class of motor vehicles means any one of the following categories of motor vehicles:

(i) motor vehicles classified under subheading 8701.20, motor vehicles for the transport of 16 or more persons classified under subheading 8702.10 or 8702.90, and motor vehicles classified under subheading 8704.10, 8704.22, 8704.23, 8704.32 or 8704.90, or heading 87.05 or 87.06;

(ii) motor vehicles classified under subheading 8701.10 or subheadings 8701.30 through 8701.90;

(iii) motor vehicles for the transport of 15 or fewer persons classified under subheading 8702.100r8702.90,and motor vehicles classified under subheadings 8704.21 or 8704.31; or

(iv) motor vehicles classified under subheadings 8703.21 through 8703.90.

(b) model line of motor vehicles means a group of motor vehicles having the same platform or model name.

10. Each Party shall provide that, for the purposes of Net Cost Method, for automotive materials of heading 87.06 produced in the same plant, a calculation may be averaged:

(a) over the fiscal year of the motor vehicle producer to whom the good is sold;

(b) over any quarter or month; or

(c) over the fiscal year of the producer of the automotive material, provided that the good was produced during the fiscal year, quarter or month forming the basis for the calculation, in which:

(i) the average in subparagraph (a) is calculated separately for those goods sold to one or more motor vehicle producers; or

(ii) the average in subparagraph (a) or (b) is calculated separately for those goods that are exported to the territory of the other Party.

Article 4.6. Materials Used In Production

1. Each Party shall provide that if a non-originating material undergoes further production such that it satisfies the requirements of this Chapter, the material is treated as originating when determining the originating status of the subsequently produced good, regardless of whether that material was produced by the producer of the good.

2. Each Party shall provide that if a non-originating material is used in the production of a good, the following may be counted as originating content for the purpose of determining whether the good meets a regional value content requirement:

(a) the value of processing of the non-originating materials undertaken in the territory of one or more of the Parties; and

(b) the value of any originating material used in the production of the non -originating material undertaken in the territory of one or more of the Parties.

Article 4.7. Value of Materials Used In Production

Each Party shall provide that for the purposes of this Chapter, the value of a material is:

(a) fora material imported by the producer of the good, the value of the material at the time of importation, including the costs incurred in the international shipment of the material;

(b) fora material acquired in the territory where the good is produced:

(i) the price paid or payable by the producer in the Party where the producer is located;

(ii) the value as determined for an imported material in subparagraph (a); or

(iii) the earliest ascertainable price paid or payable in the territory of the Party; or

(c) for a material that is self-produced:

(i) all the costs incurred in the production of the material, which includes general expenses; and

(ii) an amount equivalent to the profit added in the normal course of trade, or equal to the profit that is usually reflected in the sale of goods of the same class or kind as the self-produced material that is being valued.

(d) the values referred to in subparagraph (a) and (b) shall be determined in accordance with the Customs Valuation Agreement.

Article 4.8. Indirect Materials

An indirect material shall be considered as originating without regard to where it is produced.

Article 4.9. Minimal Operations or Processes That Do Not Confer Origin

Notwithstanding any provision in this Chapter, a good shall not be considered to have satisfied the requirements for an originating good under merely by reason of going through any of the following operations:

(a) operations to ensure preservation of the goods in good condition during transport and storage, such as drying, freezing, ventilation, chilling;

(b) sifting, classifying, washing, slitting, bending, coiling, uncoiling;

(c) cleaning, including the removal of dust, oxide, oil, paint or other coverings;

(d) painting and polishing operations;

(e) placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other packaging operations;

(f) packaging, changes of packaging and unpacking operations and the breaking up and grouping of consignments;

(g) mere dilution with water or other substances that do not materially alter the characteristics of the goods; and

(h) the combination of two or more operations referred to in subparagraphs (a) through (g).

Article 4.10. Accumulation

1. Materials originating in Singapore shall be considered as materials originating in a Party to the Pacific Alliance when incorporated into a good produced there and exported to Singapore, provided that those materials satisfy all applicable requirements of this Chapter.

2. Materials originating in a Party to the Pacific Alliance shall be considered as materials originating in Singapore when incorporated into a good produced there and exported to the same Party to the Pacific Alliance, provided that those materials satisfy all applicable requirements of this Chapter.

3. Materials originating in a Party to the Pacific Alliance shall be considered as materials originating in Singapore when further processed or incorporated into a good produced there and exported to another Party to the Pacific Alliance, provided that those materials satisfy all applicable requirements of this Chapter.

4. For paragraph 3, at the time of accumulation, those materials and the good shall be subject to a tariff rate of 0% according to the application of the respective tariff schedules under this Agreement.

5. Materials originating in a Party to the Pacific Alliance shall be considered as materials originating in another Party to the Pacific Alliance in accordance with all applicable provisions of the Additional Protocol to the Pacific Alliance Framework Agreement and its Annex 4.2 Product Specific Rules of Origin ("PA's PSR") when further processed or incorporated into a good produced there and exported to Singapore.

6. Notwithstanding paragraph 5, the good exported to Singapore shall meet the provisions set outon Annex 4-A and other applicable provisions of this Chapter when claiming for preferential treatment in Singapore.

7. For paragraphs 5 and 6, at the time of accumulation, those materials and the good shall be subject to a tariff rate of 0% according to the application of the respective tariff schedules in the Additional Protocol to the Pacific Alliance Framework Agreement and in this Agreement.

8. If any other Party to the Pacific Alliance participates in the accumulation referred to in paragraph 5, its materials shall be subject to a tariff rate of 0% according to the application of the related tariff schedules in the Additional Protocol to the Pacific Alliance Framework Agreement.

9. Materials originating in Singapore shall be considered as materials originating in a Party to the Pacific Alliance when further processed or incorporated into a good produced there and exported to another Party to the Pacific Alliance.

10. Those materials referred to in paragraph 9 shall be considered originating if they meet the product specific rules of origin set out in Annex 4-A and all applicable provisions of this Agreement.

11. Notwithstanding paragraph 10, the good exported to a Party to the Pacific Alliance shall meet all applicable provisions of PA's PSRs when claiming for preferential treatment in the importing Party,

12. For paragraphs 9, 10 and 11, at the time of accumulation, those materials and the good shall be subject to a tariff rate of 0% according to the application of the respective tariff schedule in this Agreement and the Additional Protocol to the Pacific Alliance Framework Agreement.

13. If any other Party to the Pacific Alliance participates in the accumulation referred to in paragraph 9, its material shall be subject to a tariff rate of 0% according to the application of the related tariff schedules in the Additional Protocol to the Pacific Alliance Framework Agreement.

Article 4.11. De Minimis

1. A good that does not satisfy the applicable change in tariff classification requirement pursuant to Annex 4-A shall, nonetheless, be an originating good if:

(a) for a good, other than that provided for in Chapters 50 through 63 of the Harmonized System, the value of all non-originating materials used in the production of the good that did not undergo the required change in tariff classification does not exceed 10 per cent of the FOB value of the good; or

(b) for a good provided for in Chapters 50 through 63 of the Harmonized System, the total weight of all non-originating fibres and yarns of the component that determines the tariff classification of the good used in the production of the good that did not undergo the required change in tariff classification does not exceed 10 per cent of the total weight of the good, and the good satisfies all other applicable requirements of this Chapter.

2. If a good described in paragraph 1 is also subject to a regional value content requirement, the value of those non-originating materials shall be included in the value of non-originating materials for the applicable regional value content requirement.

Article 4.12. Fungible Goods and Materials

1. Each Party shall provide that a fungible good or material is treated as originating based on the:

(a) physical segregation of each fungible good or material; or

(b) use of any inventory management method recognised in the Generally Accepted Accounting Principles of the Party in which production is performedif the fungible good or material is commingled.

2. Once a particular inventory management method is selected under paragraph 1 (b), that method shall continue to be used for those fungible materials or goods throughout the fiscal year of the person that selected the inventory management method.

Article 4.13. Accessories, Spare Parts, Tools, and Instructional or other Information Materials

1. If a good is wholly obtained or produced in accordance with Article 4.2(a) or Article 4.2(b), or satisfies a process or change in tariff classification requirement set out in Annex 4-A, accessories, spare parts, tools, and instructional or other information materials are to be disregarded for qualification and to determine the origin.

2. If a good is subject to the regional value content requirement, the value of the accessories, spare parts, tools, and instructional or other information materials shall be taken into account as originating or non-originating materials, as the case may be, in calculating the regional value content of the good.

3. Each Party shall provide that a good's accessories, spare parts, tools, and instructional or other information materials, as described in paragraph 4, have the originating status of the good with which they are delivered.

4. For the purpose of this Article, accessories, spare parts, tools, and instructional or other information materials are covered when:

(a) the accessories, spare parts, tools, and instructional or other information materials are classified with, delivered with and not invoiced separately from the good; and

(b) the types, quantities and value of the accessories, spare parts, tools, and instructional or other information materials are customary for that good.

Article 4.14. Packaging Materials and Containers for Retail Sale

1. Each Party shall provide that packaging materials and containers in which a good is packaged for retail sale, if classified with a good, are disregarded when determining whether the good meets the specified change in tariff classification requirement set out in Annex 4-A.

2. Each Party shall provide that packaging materials and containers in which a good is packaged for retail sale, if classified with a good, are taken into account as originating or non -originating, as the case may be, when determining whether the good meets the regional value content requirement set out in Annex 4-A.

3. Each Party shall provide that packaging materials and containers in which a good is packaged for retail sale, if classified with the good, are disregarded if the good is wholly obtained or produced in the territory of one or more Parties, in accordance with Article 4.2(a) or is exclusively produced from originating materials in accordance with Article 4.2(b).

Article 4.15. Packing Materials and Containers for Shipment

Packing materials and containers for shipment shall be disregarded in determining whether a good is originating. Article 4.16: Sets of Goods 1. Each Party shall provide that for a set classified as a result of the application of rule 3(a) or (b) of the General Rules for the Interpretation of the Harmonized System, the originating status of the set shall be determined in accordance with the product specific rule of origin that applies to the set.

2. Each Party shall provide that for a set classified as a result of the application of rule 3(c) of the General Rules for the Interpretation of the Harmonized System, the set is originating only if each good in the set is originating and both the set and the goods meet the other applicable requirements of this Chapter.

3. Notwithstanding paragraph 2, for a set classified as a result of the application of rule 3(c) of the General Rules for the Interpretation of the Harmonized System, the set is originating if the value of all the non-originating goods in the set does not exceed 12 per cent of the value of the set.

4. For the purposes of paragraph 3, the value of the non-originating goods in the set and the value of the set shall be calculated in the same manner as the value of non-originating materials and the value of the good.

Article 4.17. Transit and Transhipment

1. Each Party shall provide that an originating good retains its originating status if the good has been transported from the exporting Party to the importing Party without passing through the territory of one or more States that are not the exporting Party or the importing Party.

2. Each Party shall provide that if an originating good is transported through the territory of one or more States that are not the exporting Party or the importing Party, the good retains its originating status provided that the good:

(a) does not undergo any operation outside the territories of the exporting Party or the importing Party other than: unloading; reloading; splitting up; storing; labelling or marking required by the importing Party; or any other operation necessary to preserve it in good condition; and

(b) remains under customs control in the territory of one or more States that are not the exporting Party or the importing Party. Article 4.18: Consultations and Modifications All Parties to the Pacific Alliance shall notify Singapore on an annual basis of any changes to PA's PSRs. If PA's PSRs are modified, all Parties to the Pacific Alliance and Singapore shall hold consultations regarding the review of Annex 4-A one year after the entry into force of the aforementioned modification.

Section B. Origin Procedures

Article 4.19. Certification of Origin

1. Each Party shall provide that an importer may make a claim for preferential tariff treatment based on acertification of origin completed by an exporter or a producer, in accordance with Annex 4-B, for the purpose of certifying that a good being exported from the territory of a Party into the territory of the importing Party qualifies as an originating good.

2. Each Party shall provide thatif a producer certifies the origin of a good, the certification of origin is completed on the basis of the producer having supporting documents that demonstrate that the good is originating.

3. Accertification of origin completed by an exporter who is not the producer of the good shall be based on:

(a) supporting documents in its possession that demonstrate that the good qualifies as an originating good;

(b) its reasonable reliance on the producer's written representation, based on information in the producer's possession that the good qualifies as an originating good; or

(c) a completed certification of origin for the good, voluntarily provided to the exporter by the producer.

4. Nothing in paragraph 3 shall be construed to require a producer to provide a certification of origin to an exporter.

  • Chapter   1 INITIAL PROVISIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Relationship to other International Agreements 1
  • Article   1.3 Scope 1
  • Chapter   2 GENERAL DEFINITIONS 1
  • Article   2.1 General Definitions 1
  • Article   2.2 Party-Specific Definitions 1
  • Chapter   3 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Section   A Definitions and Scope 1
  • Article   3.1 Definitions 1
  • Article   3.2 Scope 1
  • Section   B National Treatment 1
  • Article   3.3 National Treatment 1
  • Section   C Tariff Elimination 2
  • Article   3.4 Elimination of Customs Duties 2
  • Section   D Non-Tariff Measures 2
  • Article   3.6 Import and Export Restrictions 2
  • Article   3.7 Non-Tariff Measures 2
  • Article   3.8 Import Licensing 2
  • Article   3.9 Administrative Fees and Formalities 2
  • Article   3.10 Export Duties, Taxes or other Charges 2
  • Section   E Special Customs Regimes 2
  • Article   3.11 Waiver of Customs Duties 2
  • Article   3.12 Temporary Admission of Goods 2
  • Article   3.13 Goods Re-entered after Repair or Alteration 2
  • Article   3.14 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 2
  • Section   F Agriculture 2
  • Article   3.15 Scope 2
  • Article   3.16 Export Competition 2
  • Section   G Trade In Goods Committee 2
  • Article   3.17 Administration of this Chapter 2
  • Chapter   4 RULES OF ORIGIN AND ORIGIN PROCEDURES 2
  • Section   A Rules of Origin 2
  • Article   4.1 Definitions 2
  • Article   4.2 Originating Goods 2
  • Article   4.3 Wholly Obtained or Produced Goods 2
  • Article   4.4 Regional Value Content 3
  • Article   4.5 Net Cost 3
  • Article   4.6 Materials Used In Production 3
  • Article   4.7 Value of Materials Used In Production 3
  • Article   4.8 Indirect Materials 3
  • Article   4.9 Minimal Operations or Processes That Do Not Confer Origin 3
  • Article   4.10 Accumulation 3
  • Article   4.11 De Minimis 3
  • Article   4.12 Fungible Goods and Materials 3
  • Article   4.13 Accessories, Spare Parts, Tools, and Instructional or other Information Materials 3
  • Article   4.14 Packaging Materials and Containers for Retail Sale 3
  • Article   4.15 Packing Materials and Containers for Shipment 3
  • Article   4.17 Transit and Transhipment 3
  • Section   B Origin Procedures 3
  • Article   4.19 Certification of Origin 3
  • Article   4.20 Non-Party Invoice 4
  • Article   4.21 Minor Errors or Discrepancies 4
  • Article   4.22 Waiver of Certification of Origin 4
  • Article   4.23 Obligations Regarding Importations 4
  • Article   4.25 Obligations Regarding Exportations 4
  • Article   4.26 Records 4
  • Article   4.27 Verification of Origin 4
  • Article   4.28 Determinations of Origin 4
  • Article   4.29 Penalties 4
  • Article   4.30 Confidentiality 4
  • Article   4.31 Administration of this Chapter and Chapter 5 4
  • Article   4.32 Committee on Short Supply 4
  • Article   4.33 CSS Criteria 4
  • Chapter   5 CUSTOMS ADMINISTRATION AND TRADE FACILITATION 4
  • Article   5.1 Definitions 4
  • Article   5.2 Scope 4
  • Article   5.3 Objectives 4
  • Article   5.4 Affirmation of the Trade Facilitation Agreement 4
  • Article   5.5 Confidentiality 4
  • Article   5.6 Transparency 4
  • Article   5.7 Use of Customs Brokers 4
  • Article   5.8 Consistency In Tariff Classification and Customs Valuation 4
  • Article   5.9 Release of Goods 5
  • Article   5.10 Post-clearance Audit 5
  • Article   5.11 Record Keeping 5
  • Article   5.12 Automation 5
  • Article   5.13 Risk Management 5
  • Article   5.14 Express Shipments 5
  • Article   5.15 Perishable Goods 5
  • Article   5.16 Authorised Economic Operator 5
  • Article   5.17 Single Window 5
  • Article   5.18 Review and Appeal 5
  • Article   5.19 Penalties 5
  • Article   5.20 Advance Rulings 5
  • Article   5.21 Standards of Conduct 5
  • Article   5.22 Customs Cooperation 5
  • Article   5.23 Administration of this Chapter 5
  • Chapter   6 SANITARY AND PHYTOSANITARY MEASURES 5
  • Article   6.1 Definitions 5
  • Article   6.2 Objectives 5
  • Article   6.3 Scope 6
  • Article   6.4 General Provisions 6
  • Article   6.5 Equivalence 6
  • Article   6.6 Risk Analysis 6
  • Article   6.7 Adaptation to Regional Conditions, Including Pest- or Disease-Free Areas and Areas of Low Pest or Disease Prevalence 6
  • Article   6.8 Transparency  (4) 6
  • Article   6.9 Information Exchange 6
  • Article   6.10 Import Checks 6
  • Article   6.11 Audits  (7) 6
  • Article   6.12 Emergency Measures 6
  • Article   6.13 Certification 6
  • Article   6.14 Cooperation 6
  • Article   6.15 Cooperative Technical Consultations 6
  • Article   6.16 Administration of this Chapter 6
  • Article   6.17 Competent Authorities and Contact Points 6
  • Chapter   7 TECHNICAL BARRIERS TO TRADE 6
  • Article   7.1 Objectives 6
  • Article   7.2 Scope of Application 6
  • Article   7.3 Incorporation of the TBT Agreement 6
  • Article   7.4 International Standards, Guides and Recommendations 6
  • Article   7.5 Cooperation and Trade Facilitation 6
  • Article   7.6 Technical Regulations 7
  • Article   7.7 Conformity Assessment 7
  • Article   7.8 Transparency 7
  • Article   7.9 Administration of this Chapter 7
  • Article   7.10 Information Exchange 7
  • Article   7.11 Implementation Annexes 7
  • Article   7.12 Technical Discussions 7
  • Chapter   8 INVESTMENT 7
  • Section   A 7
  • Article   8.1 Definitions 7
  • Article   8.2 Scope 7
  • Article   8.3 Right to Regulate 7
  • Article   8.4 Relation to other Chapters 7
  • Article   8.5 National Treatment 7
  • Article   8.6 Most-Favoured-Nation Treatment 7
  • Article   8.7 Minimum Standard of Treatment  (8) 7
  • Article   8.8 Treatment In Case of Armed Conflict or Civil Strife 7
  • Article   8.9 Performance Requirements 7
  • Article   8.10 Senior Management and Boards of Directors 8
  • Article   8.11 Non-Conforming Measures 8
  • Article   8.12 Transfers  (12) 8
  • Article   8.13 Expropriation and Compensation (14) (15) 8
  • Article   8.14 Denial of Benefits (18) 8
  • Article   8.15 Special Formalities and Information Requirements 8
  • Article   8.16 Subrogation 8
  • Article   8.17 Corporate Social Responsibility 8
  • Section   B Settlement of Disputes between a Party and an Investor of the other Party 8
  • Article   8.18 Consultations 8
  • Article   8.19 Mediation 8
  • Article   8.20 Submission of a Claim to Arbitration 8
  • Article   8.21 Consent of Each Party to Arbitration 8
  • Article   8.22 Conditions and Limitations on Consent of Each Party 9
  • Article   8.23 Third Party Funding 9
  • Article   8.24 Selection of Arbitrators 9
  • Article   8.25 Conduct of the Arbitration 9
  • Article   8.26 Transparency of Arbitral Proceedings 9
  • Article   8.27 Discontinuance 9
  • Article   8.28 Governing Law 9
  • Article   8.29 Interpretation of Annexes on Non-Conforming Measures 9
  • Article   8.30 Expert Reports 9
  • Article   8.31 Consolidation 9
  • Article   8.32 Awards 9
  • Article   8.33 Service of Documents 9
  • Section   C Complementary Provisions 9
  • Article   8.34 Implementation 9
  • Annex 8-A  CUSTOMARY INTERNATIONAL LAW 9
  • Annex 8-B  TRANSFERS 9
  • Annex 8-C  EXPROPRIATION 9
  • Annex 8-D  EXEMPTIONS TO DISPUTE RESOLUTION MEXICO 10
  • Annex 8-E  SUBMISSION OF A CLAIM TO ARBITRATION 10
  • Annex 8-F  SERVICE OF DOCUMENTS ON A PARTY UNDER SECTION B 10
  • Chapter   9 CROSS-BORDER TRADE IN SERVICES 10
  • Article   9.1 Definitions 10
  • Article   9.2 Scope 10
  • Article   9.3 National Treatment 10
  • Article   9.4 Most-Favoured-Nation Treatment 10
  • Article   9.5 Local Presence 10
  • Article   9.6 Market Access 10
  • Article   9.7 Non-Conforming Measures 10
  • Article   9.8 Transparency 10
  • Article   9.9 Domestic Regulation 10
  • Article   9.10 Recognition 10
  • Article   9.11 Transfers and Payments (8) 11
  • Article   9.12 Administration of this Chapter 11
  • Article   9.13 Denial of Benefits 11
  • Annex 9-A  PROFESSIONAL SERVICE 11
  • Chapter   10 INTERNATIONAL MARITIME TRANSPORT SERVICES 11
  • Article   10.1 Definitions 11
  • Article   10.2 Scope 11
  • Article   10.3 Access to Ports, Services at the Port, and Maritime Auxiliary Services 11
  • Article   10.4 Cooperation 11
  • Article   10.5 Repositioning of Empty Containers 11
  • Article   10.6 Port Fees and Charges 11
  • Article   10.7 Administration of this Chapter 11
  • Chapter   11 TEMPORARY ENTRY FOR BUSINESS PERSONS 11
  • Article   11.1 Definitions 11
  • Article   11.2 Scope 11
  • Article   11.3 Application Procedures 11
  • Article   11.4 Grant of Temporary Entry 11
  • Article   11.5 Provision of Information 11
  • Article   11.7 Cooperation 11
  • Article   11.8 Relation to other Chapters 11
  • Article   11.9 Dispute Settlement 11
  • Chapter   12 TELECOMMUNICATIONS 11
  • Article   12.1 Definitions 11
  • Article   12.2 Scope 11
  • Article   12.3 Approaches to Regulation 12
  • Article   12.4 Access to and Use of Public Telecommunications Services  (1) 12
  • Article   12.5 Interconnection 12
  • Article   12.6 Number Portability 12
  • Article   12.7 Access to Telephone Numbers 12
  • Article   12.8 Competitive Safeguards 12
  • Article   12.9 Interconnection with Major Suppliers 12
  • Article   12.10 Treatment by Major Suppliers of Public Telecommunications Services 12
  • Article   12.11 Resale 12
  • Article   12.12 Unbundling of Network Elements 12
  • Article   12.13 Provisioning and Pricing of Leased Circuits 12
  • Article   12.14 Co-location 12
  • Article   12.15 Access to Poles, Ducts, Conduits and Rights-of-Way (4)(5) 12
  • Article   12.16 International Submarine Cable Systems (6)(7) 12
  • Article   12.17 Independent Regulatory Bodies 12
  • Article   12.18 Cooperation 12
  • Article   12.19 Licensing Process 12
  • Article   12.20 Allocation and Use of Scarce Resources 12
  • Article   12.21 Universal Service 12
  • Article   12.22 Transparency 12
  • Article   12.23 International Mobile Roaming 12
  • Article   12.24 Flexibility In Choice of Technology 12
  • Article   12.25 Resolution of Telecommunications Disputes 13
  • Article   12.26 Relation to other Chapters 13
  • Article   12.27 Enforcement 13
  • Article   12.28 Administration of this Chapter 13
  • Chapter   13 ELECTRONIC COMMERCE 13
  • Article   13.1 Definitions 13
  • Article   13.2 Scope 13
  • Article   13.3 General Provisions 13
  • Article   13.4 Domestic Electronic Transactions Framework 13
  • Article   13.5 Customs Duties 13
  • Article   13.6 Non-Discriminatory Treatment of Digital Products 13
  • Article   13.7 Transparency 13
  • Article   13.8 Online Consumer Protection 13
  • Article   13.9 Paperless Administration of Trade 13
  • Article   13.10 Principles on Access to and Use of the Internet for Electronic Commerce 13
  • Article   13.11 Personal Information Protection 13
  • Article   13.12 Unsolicited Commercial Electronic Messages 13
  • Article   13.13 Electronic Authentication and Electronic Signatures 13
  • Article   13.14 Cross-Border Transfer of Information by Electronic Means 13
  • Article   13.15 Localisation of Computing Facilities 13
  • Article   13.16 Cooperation 13
  • Article   13.17 Cooperation on Cybersecurity Matters 13
  • Article   13.18 Source Code 13
  • Article   13.19 Administration of this Chapter 13
  • Chapter   14 GOVERNMENT PROCUREMENT 13
  • Article   14.1 Definitions 13
  • Article   14.2 Scope Application of Chapter 14
  • Article   14.3 General Principles National Treatment and Non-Discrimination 14
  • Article   14.4 Offsets 14
  • Article   14.5 Valuation 14
  • Article   14.6 Technical Specifications 14
  • Article   14.7 Publication of Procurement Information 14
  • Article   14.8 Notice of Intended Procurement 14
  • Article   14.9 Limited Tendering 14
  • Article   14.10 Time Periods for the Submission of Tenders 14
  • Article   14.11 Tender Documentation 15
  • Article   14.12 Conditions for Participation 15
  • Article   14.13 Qualification of Suppliers Registration Systems and Qualification Procedures 15
  • Article   14.14 Treatment of Tenders and Awarding of Contracts 15
  • Article   14.15 Transparency and Post-Award Information 15
  • Article   14.16 Ensuring Integrity In Procurement Practices 15
  • Article   14.17 Domestic Review Procedures 15
  • Article   14.18 Use of Electronic Means 15
  • Article   14.19 Modifications and Rectifications 15
  • Article   14.20 Disclosure of Information 15
  • Article   14.21 Exceptions 15
  • Article   14.22 Facilitation of Participation by SMEs 15
  • Article   14.23 Cooperation 16
  • Article   14.24 Administration of this Chapter 16
  • Article   14.25 Further Negotiations 16
  • Chapter   15 COMPETITION POLICY 16
  • Article   15.1 Definitions 16
  • Article   15.2 Objectives 16
  • Article   15.3 Competition Laws and Authorities and Anticompetitive Business Conduct 16
  • Article   15.4 Procedural Fairness In Competition Law Enforcement 16
  • Article   15.5 Cooperation 16
  • Article   15.6 Technical Cooperation 16
  • Article   15.7 Consumer Protection 16
  • Article   15.8 Transparency 16
  • Article   15.9 Consultations 16
  • Article   15.10 Non-Application of Dispute Settlement 16
  • Chapter   16 STATE-OWNED ENTERPRISES 16
  • Article   16.1 Review 16
  • Chapter   17 TRADE AND GENDER 16
  • Article   17.1 General Provisions 16
  • Article   17.2 Cooperation Activities 16
  • Article   17.3 Administration of this Chapter 16
  • Article   17.4 Non-application of Dispute Resolution 16
  • Chapter   18 ECONOMIC AND TRADE COOPERATION 16
  • Article   18.1 General Provisions 16
  • Article   18.2 Areas of Economic and Trade Cooperation 16
  • Article   18.3 Administration of this Chapter 16
  • Article   18.4 Resources 16
  • Article   18.5 Non-Application of Dispute Settlement 16
  • Chapter   19 SMALL AND MEDIUM-SIZED ENTERPRISES 16
  • Article   19.1 General Provisions 16
  • Article   19.2 Information Sharing 17
  • Article   19.3 Cooperation Activities 17
  • Article   19.4 Contact Points 17
  • Article   19.5 Administration of this Chapter 17
  • Article   19.6 Relation with other Chapters 17
  • Article   19.7 Non-Application of Dispute Settlement 17
  • Chapter   20 GOOD REGULATORY PRACTICES 17
  • Article   20.1 Definitions 17
  • Article   20.2 General Provisions 17
  • Article   20.3 Scope of Application 17
  • Article   20.4 Establishment of Coordination and Review Processes or Mechanisms 17
  • Article   20.5 Implementation of Core Good Regulatory Practices 17
  • Article   20.6 Contact Points 17
  • Article   20.7 Cooperation 17
  • Article   20.8 Report of Implementation and Review 17
  • Article   20.9 Relation to other Chapters 17
  • Article   20.10 Non-Application of Dispute Settlement 17
  • Chapter   21 TRANSPARENCY AND ANTI-CORRUPTION 17
  • Section   A Transparency 17
  • Article   21.1 Definitions 17
  • Article   21.2 Publication 17
  • Article   21.3 Notification and Provision of Information 17
  • Article   21.4 Administrative Proceedings 17
  • Article   21.5 Review and Appeal 17
  • Section   B Anti-Corruption 18
  • Article   21.6 Definitions 18
  • Article   21.7 Scope 18
  • Article   21.8 Measures to Combat Corruption 18
  • Article   21.9 Cooperation 18
  • Article   21.10 Promoting Integrity Among Public Officials 18
  • Article   21.11 Participation of Private Sector and Society 18
  • Article   21.12 Application and Enforcement of Anti-Corruption Laws 18
  • Article   21.13 Relation to other Agreements 18
  • Article   21.14 Dispute Settlement 18
  • Chapter   22 ADMINISTRATION OF THE AGREEMENT 18
  • Article   22.1 Free Trade Commission 18
  • Article   22.2 Rules of Procedure of the Free Trade Commission 18
  • Article   22.3 Functions of the Free Trade Commission 18
  • Article   22.4 Contact Points 18
  • Article   22.5 Establishment of Cross-Cutting Committees 18
  • Article   22.6 General Provisions of Cross-Cutting Committees 18
  • Chapter   23 DISPUTE SETTLEMENT 18
  • Article   23.1 Definitions 18
  • Article   23.2 General Provisions 18
  • Article   23.3 Scope 19
  • Article   23.4 Urgent Circumstances 19
  • Article   23.5 Choice of Forum 19
  • Article   23.6 Consultations 19
  • Article   23.7 Good Offices, Conciliation and Mediation 19
  • Article   23.8 Establishment of a Panel 19
  • Article   23.9 Participation of a Third Party 19
  • Article   23.10 Consolidation of Proceedings 19
  • Article   23.11 Terms of Reference of the Panel 19
  • Article   23.12 Requirements of the Panellist 19
  • Article   23.13 Selection of the Panel 19
  • Article   23.14 Function of Panels 19
  • Article   23.15 Rules of Procedure of the Panel 19
  • Article   23.16 Suspension and Termination of Proceedings 19
  • Article   23.17 Initial Report of the Panel 19
  • Article   23.18 Final Report of the Panel 19
  • Article   23.19 Request for Clarification by the Panel 19
  • Article   23.20 Compliance with the Final Report of the Panel 19
  • Article   23.21 Non-Implementation - Compensation and Suspension of Benefits 19
  • Article   23.22 Compliance Review 20
  • Article   23.23 Administration of Dispute Settlement Proceedings 20
  • Article   23.24 Private Rights 20
  • Article   23.25 Alternative Dispute Resolution 20
  • Chapter   24 EXCEPTIONS 20
  • Article   24.1 General Exceptions 20
  • Article   24.2 Security Exceptions 20
  • Article   24 Taxation Measures 20
  • Article   24.4 Disclosure of Information 20
  • Article   24.5 Temporary Safeguard Measures 20
  • Chapter   25 FINAL PROVISIONS 20
  • Article   25.1 Annexes, Appendices and Footnotes 20
  • Article   25.2 Depositary 20
  • Article   25.3 Entry Into Force 20
  • Article   25.4 Amendments 20
  • Article   25.5 Amended or Successor International Agreements 20
  • Article   25.6 Withdrawal and Termination 20
  • Article   25.7 Accession 20
  • Article   25.8 Reservations 20
  • Article   25.9 Review 20
  • Article   25.10 Authentic Texts 20
  • Annex I  CHILE - EXPLANATORY NOTES 20
  • Annex I  SCHEDULE OF CHILE 21
  • Annex II  CHILE - EXPLANATORY NOTES 23
  • Annex II  SCHEDULE OF CHILE 23
  • Annex I  COLOMBIA - EXPLANATORY NOTES 24
  • Annex 8-A Annex 9-A  SCHEDULE OF COLOMBIA 24
  • Annex II  COLOMBIA - EXPLANATORY NOTES 26
  • ANNEX II  SCHEDULE OF COLOMBIA 26
  • Annex I  MEXICO - EXPLANATORY NOTES 27
  • Annex I  SCHEDULE OF MEXICO - INTRODUCTORY NOTES 27
  • Annex I  SCHEDULE OF MEXICO 27
  • Annex II   MEXICO - EXPLANATORY NOTES 32
  • Annex II   SCHEDULE OF MEXICO - INTRODUCTORY NOTES 32
  • Annex II   SCHEDULE OF MEXICO 32
  • Annex I  PERU - EXPLANATORY NOTES 33
  • Annex I  SCHEDULE OF PERU 33
  • Annex II  PERU - EXPLANATORY NOTES 35
  • Annex II  SCHEDULE OF PERU 35
  • Annex I   SINGAPORE - EXPLANATORY NOTES 36
  • Annex I  SINGAPORE'S RESERVATIONS TO CHAPTER 8 (INVESTMENT) & CHAPTER 9 (CROSS-BORDER TRADE IN SERVICES) 36
  • Annex II  SINGAPORE - EXPLANATORY NOTES 38
  • Annex II  SINGAPORE'S RESERVATIONS TO CHAPTER 8 (INVESTMENT) & CHAPTER 9 (CROSS-BORDER TRADE IN SERVICES) 38