Obligations Concerned: National Treatment (Articles 8.5 and 9.3) Market Access (Article 9.6)

Level of Government: Central

Measures: Electricity Act, Cap. 89A, 2002 Rev Ed, Sections 6(1) and 9(1)

Description: Cross-Border Trade in Services and Investment

Only a market support services licensee or retail electricity licensees with local presence may retail electricity to all household and non-household consumers in Singapore.

17. Sector: Power Transmission and Distribution

Sub-Sector:

Industry Classification:

Obligations Concerned: National Treatment (Articles 8.5 and 9.3) Market Access (Article 9.6)

Level of Government: Central

Measures: Electricity Act, Cap. 89A, 2002 Rev Ed, Sections 6(1) and 9(1)

Description: Cross-Border Trade in Services and Investment Only the Transmission Licensee(s) shall be the owner and operator of the electricity transmission and distribution network in Singapore.

18. Sector: Tourism and Travel Related Services

Sub-Sector: Food and/or beverage serving services in eating facilities run by the government

Food and/or beverage catering services

Industry Classification:

Obligations Concerned: National Treatment (Articles 8.5 and 9.3) Market Access (Article 9.6)

Level of Government: Central

Measures: Environmental Public Health Act, Cap. 95, 2002 Rev Ed

Description: Cross-Border Trade in Services and Investment

Only a Singapore citizen or permanent resident can apply for a license to operate a stall in government-run markets or hawker centres, in their personal capacity.

To provide food and/or beverage catering services in Singapore, a foreign service supplier must incorporate as a limited company in Singapore, and apply for the food establishment license in the name of the limited company.

19. Sector: Sewage and Refuse Disposal, Sanitation and other Environmental Protection Services

Sub-Sector: Waste management, including collection, disposal, and treatment of hazardous waste

Industry Classification:

Obligations Concerned: Local Presence (Article 9.5) Market Access (Article 9.6)

Level of Government: Central

Measures: Environmental Public Health Act, Cap. 95

Description: Cross-Border Trade in Services

Foreign service suppliers must be locally incorporated in Singapore.

The public waste collectors (PWCs) rendering services to domestic and trade premises are appointed by public competitive tender. The number of PWCs is limited by the number of geographical sectors in Singapore. For industrial and commercial waste, the market is opened to any licensed general waste collectors (GWCs).

20. Sector: Trade Services

Sub-Sector: Distribution and Sale of Hazardous Substances

Industry Classification:

Obligations Concerned: Local Presence (Article 9.5)

Level of Government: Central

Measures: Environmental Protection and Management Act, Cap. 94A, 2002 Rev Ed, Section 22

Description: Cross-Border Trade in Services

Only service suppliers with local presence shall be allowed to distribute and sell hazardous substances as defined in the Environmental Protection and Management Act.

Singapore reserves the right and flexibility to modify and/or increase the list of hazardous substances as defined and/or listed in the Environmental Protection and Management Act.

21. Sector: Trade Services

Sub-Sector: Distribution services, Retailing services, Wholesale trade services

Industry Classification:

Obligations Concerned: Local Presence (Article 9.5)

Level of Government: Central

Measures: Medicines Act, Cap. 176, 1985 Rev Ed

Health Products Act, Cap. 122D, 2008 Rev Ed

Description: Cross-Border Trade in Services

Only service suppliers with local presence shall be allowed to supply wholesale, retail and distribution services for medical and health-related products and materials as defined under the Medicines Act and Health Products Act, intended for purposes such as treating, alleviating, preventing or diagnosing any medical condition, disease or injury, as well as any other such items that may have an impact on the health and well- being of the human body.

Such products and materials include but are not limited to drugs and pharmaceuticals, traditional medicines, health supplements, diagnostic test kits, medical devices, cosmetics, tobacco products, radioactive materials and irradiating apparatuses. Singapore reserves the right and flexibility to modify and/or increase the list of medical and health-related products and materials as defined and/or listed in the Medicines Act and Health Products Act.

22. Sector: Transport Services

Sub-Sector: Maritime transport services

Industry Classification:

Obligations Concerned: National Treatment (Articles 8.5 and 9.3) Market Access (Article 9.6)

Level of Government: Central

Measures: Maritime and Port Authority of Singapore Act, Cap. 170A, 1997 Rev Ed, Section 81

Description: Cross-Border Trade in Services and Investment

Only local service suppliers shall be allowed to operate and manage cruise and ferry terminals.

Local service suppliers are either Singapore citizens or legal persons which are more than 50 per cent owned by Singapore citizens.

23. Sector: Transportation and Distribution of Manufactured Gas and Natural Gas

Sub-Sector:

Industry Classification:

Obligations Concerned: National Treatment (Articles 8.5 and 9.3) Market Access (Article 9.6)

Level of Government: Central

Measures: Gas Act, Cap. 116A, 2002 Rev Ed

Description: Cross-Border Trade in Services and Investment

Only the holder of a gas transporter license shall be allowed to transport and distribute manufactured and natural gas.

Only one gas transport license has been issued given the size of the Singapore market.

24. Sector: Manufacturing and Services Incidental to Manufacturing

Sub-Sector:

Industry Classification:

Obligations Concerned: National Treatment (Articles 8.5 and 9.3) Most-Favoured-Nation Treatment (Articles 8.6 and 9.4) Performance Requirements (Article 8.9)

Level of Government: Central

Measures: Control of Manufacture Act, Cap. 57, 2004 Rev Ed

Description: Investment and Cross-Border Trade in Services

The manufacture of the following products, and services incidental to the manufacture of these products, in Singapore, may be subject to certain restrictions:

(a) beer and stout;

(b) cigars;

(c) drawn steel products;

(d) chewing gum, bubble gum, dental chewing gum or any like substance (not being a medicinal product within the meaning of the Medicines Act, Cap. 176, or a substance in respect of which an order under section 54 of the Act has been made);

(e) cigarettes; and

(f) matches.

25. Sector: All

Sub-Sector:

Industry Classification:

Obligations Concerned: National Treatment (Articles 8.5 and 9.3)

Level of Government: Central

Measures: Banking Act, Cap. 19, MAS Notice 757

Monetary Authority of Singapore Act, Cap. 186, MAS Notice

Finance Companies Act, Cap. 108, MAS Notice 816

Insurance Act, Cap. 142, MAS Notice 109

Securities and Futures Act, Cap. 289, MAS Notice SFA 04-N04

Description: Cross-Border Trade in Services and Investment

A non-resident financial institution may in certain circumstances be unable to borrow in Singapore dollars more than S$5 million from a resident financial institution owing to the following restrictions placed on financial institutions’ lending of the Singapore dollar to non-resident financial institutions.

A financial institution shall not extend to any non-resident financial institution Singapore dollar credit facilities exceeding S$5 million per non-resident financial institution: 

(a) where the Singapore dollar proceeds are to be used outside of Singapore, unless:

(i) such proceeds are swapped or converted into foreign currency upon draw-down or before remittance abroad; or

(ii) such proceeds are for the purpose of preventing settlement failures where the financial institution extends a temporary Singapore dollar overdraft to any vostro account of any non-resident financial institution, and the financial institution  takes reasonable efforts to ensure that the overdraft is covered within two business days; and

(b) where there is reason to believe that the Singapore dollar proceeds may be used for Singapore dollar currency speculation, regardless of whether the Singapore dollar proceeds are to be used in Singapore or outside of Singapore.

A financial institution shall not arrange Singapore dollar equity or bond issues for any non-resident financial institution where the Singapore dollar proceeds are to be used outside Singapore, unless the proceeds are swapped or converted into foreign currency upon draw-down or before remittance abroad. 

“Non-resident financial institution” means any financial institution which is not a resident as defined in the relevant notice.

26. Sector: Business Services

Sub-Sector: Credit bureau services

Industry Classification:

Obligations Concerned: Local Presence (Article 9.5) Market Access (Article 9.6)

Level of Government: Central

Measures: Monetary Authority of Singapore Act, Cap. 186

Credit Bureau Act 2016

Description: Cross-Border Trade in Services

Singapore reserves the right to adopt or maintain any limit on the number of suppliers of credit bureau services where information provided by the supplier of credit bureau services is obtained from financial institutions in Singapore. The supplier must be established in Singapore.

Annex II. SINGAPORE - EXPLANATORY NOTES

1. The Schedule of Singapore to this Annex sets out, pursuant to Article 8.11 (NonConforming Measures) and Article 9.7 (Non-Conforming Measures), the specific sectors, subsectors or activities for which Singapore may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:

(a) Article 8.5 (National Treatment) or Article 9.3 (National Treatment);

(b) Article 8.6 (Most-Favoured-Nation Treatment) or Article 9.4 (Most-FavouredNation Treatment);

(c) Article 8.9 (Performance Requirements);

(d) Article 8.10 (Senior Management and Boards of Directors);

(e) Article 9.5 (Local Presence); or

(f) Article 9.6 (Market Access).

2. Each Schedule entry sets out the following elements:

(a) Sector refers to the sector for which the entry is made;

(b) Sub-Sector, where referenced, refers to the specific subsector for which the entry is made;

(c) Industry Classification, where referenced, refers to the activity covered by the non-conforming measure, according to the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);

(d) Obligations Concerned specifies the obligations referred to in paragraph 1 that, pursuant to Article 8.11.2 (Non-Conforming Measures) and Article 9.7.2 (Non-Conforming Measures), do not apply to the sectors, subsectors or activities listed in the entry;

(e) Description sets out the scope or nature of the sectors, subsectors or activities covered by the entry to which the reservation applies; and

(f) Existing Measures, where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, subsectors or activities covered by the entry.

3. In accordance with Article 8.11.2 (Non-Conforming Measures) and Article 9.7.2 (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, subsectors and activities identified in the Description element of that entry.

4. With respect to Annex II entries on Most-Favoured-Nation Treatment relating to bilateral or multilateral international agreements, the absence of language regarding the scope of the reservation for differential treatment resulting from an amendment of those bilateral or multilateral international agreements in force or signed prior to the date of entry into force of this Agreement is without prejudice to Singapore’s interpretation of the scope of that reservation.

Annex II. SINGAPORE'S RESERVATIONS TO CHAPTER 8 (INVESTMENT) & CHAPTER 9 (CROSS-BORDER TRADE IN SERVICES)

1. Sector: All

Sub-Sector:

Industry Classification:

Obligations Concerned: National Treatment (Article 9.3) Most-Favoured-Nation Treatment (Article 9.4) Market Access (Article 9.6)

Description: Cross-Border Trade in Services Singapore reserves the right to adopt or maintain any measure with respect to the supply of a service by the presence of natural persons.

Existing Measures:

2.  Sector: All

Sub-Sector:

Industry Classification:

Obligations Concerned: National Treatment (Articles 8.5 and 9.3) Most-Favoured-Nation Treatment (Articles 8.6 and 9.4) Market Access (Article 9.6) Performance Requirements (Article 8.9) Senior Management and Boards of Directors (Article 8.10)

Description: Cross-Border Trade in Services and Investment

Singapore reserves the right to adopt or maintain any measure in relation to the divestment of the administrator and operator of airports.