7.
Sector : Manufacturing Subsector : Atomic Energy Facility Industry Classification : ISIC Division 29 Manufacture of machinery and equipment n.e.c. Level of Government : All levels Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Prohibition of Performance Requirements (Article 10.6) Description of Measure : No license to acquire, own, or operate any atomic energy facility shall be issued to an alien, or any corporation or other entity which is owned or controlled by an alien, a foreign corporation, or a foreign government, subject to compliance requirements and terms and conditions. A corporation or entity is not owned or controlled by an alien, a foreign corporation or a foreign government if at least 60 percent of its capital stock is owned by Filipino citizens. Note: “Atomic energy facility” means any equipment or device which the Philippine Government may determine from time to time, by regulation, to be capable of producing or utilizing atomic energy material in such quantity or in such manner as to be of significance to the national interest or to the health and safety of the public. Source of Measure : - R.A. No. 5207, the Atomic Energy Regulatory and Liability Act of 1968 - Presidential Decree No. 1484, Amending Certain Sections of Republic Act Numbered Fifty Two Hundred and Seven Entitled "An Act Providing for the Licensing and Regulation of Atomic Energy Facilities and Materials, Establishing the Rules on Liability for Nuclear Damage, and for Other Purposes”
8.
Sector : Manufacturing Subsector : Mass Media, Printing and Publishing Industry Classification : ISIC Division 22 Level of Government : All levels Type of Obligation : National Treatment (Article 10.3) Description of Measure : The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations or associations wholly owned and managed by such citizens. Note: “Mass Media” refers to the print medium of communication, which includes all newspapers, periodicals, magazines, journals, and publications and all advertising therein, and billboards, neon signs and the like, and the broadcast medium of communication, which includes radio and television broadcasting in all their aspects and all other cinematographic or radio promotions and advertising. Source of Measure : - The 1987 Philippine Constitution - Presidential Decree No. 1018, Limiting the Ownership and Management of Mass Media to Citizens of the Philippines and for Other Purposes - Presidential and Administrative Issuances
9.
Sector : All sectors Subsector : - Industry Classification : - Level of Government : All levels Type of Obligation : National Treatment (Article 10.3) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : Any employer who desires to engage an alien for employment in the Philippines shall obtain approval of the government and be subject to compliance with certain conditions relating to the following: (1) duration; (2) employment position; (3) non-availability of a local person; (4) understudy training for Filipinos; and (5) percentage of employment of foreign nationals vis-à-vis the total workforce. Source of Measure : - The 1987 Philippine Constitution - Batas Pambansa Blg. 68, The Corporation Code of the Philippines - Commonwealth Act No. 108, An Act to Punish Acts of Evasion of Laws on the Nationalization of Certain Rights, Franchises or Privileges, as amended by Presidential Decree No. 715, Otherwise known as “The Anti-Dummy Law”, as may be amended - R.A. No. 7042, the Foreign Investments Act of 1991, as amended and its Implementing Rules and Regulations - Presidential No. 442, the Labor Code of the Philippines - R.A. No. 7916, The Special Economic Zone of 1995, as amended - R.A. No. 8756, An Act Providing for the Terms, Conditions and Licensing Requirements of Regional or Area Headquarters, Regional Operating Headquarters, and Regional Warehouses of Multinational Companies, Amending for the Purposes Certain Provisions of Executive Order No. 226, the Omnibus Investments Code of 1987 - Securities and Exchange Commission Issuances and Opinions
10.
Sector : Manufacturing Subsector : - Industry Classification : - Level of Government : All levels Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : The processing of the following products is limited only to Filipino citizens, or corporations or associations at least 60 percent (4) of whose capital is owned by Filipino citizens, subject to compliance requirements, terms and conditions: 1. copper wires; 2. copper bars, sheets and strips; 3. brass, bronze and other alloys of copper; 4. nickel pig iron; and 5. ferronickel. Source of Measure : - The 1987 Philippine Constitution - R.A. No. 7942, the Philippine Mining Act of 1995 - Executive Order No. 79, Series of 2012, Institutionalizing and Implementing Reforms in the Philippine Mining Sector Providing Policies and Guidelines to Ensure Environmental Protection and Responsible Mining in the Utilization of Mineral Resources - Executive Order No. 226, the Omnibus Investments Code of 1987, as amended - Presidential and Administrative Issuances
11.
Sector : All sectors Subsector : - Industry Classification : - Level of Government : All levels Type of Obligation : Prohibition of Performance Requirements (Article 10.6) Description of Measure : The adoption of a given rate or amount of royalty under a license contract is subject to approval, terms and conditions, and compliance requirements imposed, by the relevant government agency under Philippine laws and regulations. Source of Measure : Administrative Issuances
List B. Explanatory Notes
1. This List sets out, pursuant to Article 10.8 (Reservations and Non-Conforming Measures), measures that the Philippines may maintain existing, or adopt new or more restrictive measures that do not conform to the obligations under:
(a) Article 10.3 (National Treatment);
(b) Article 10.4 (Most-Favoured-Nation Treatment);
(c) Article 10.6 (Prohibition of Performance Requirements); and
(d) Article 10.7 (Senior Management and Board of Directors).
2. This List and List A follow the negative list with two list approach as follows:
(a) List A sets out commitments in relation to existing non-conforming measures which will be subject to standstill obligations but not subject to ratchet mechanism; and
(b) This List sets out policy flexibility in relation to measures in sectors, subsectors and activities.
3. Each reservation shall set out the following elements, where applicable:
(a) Sector refers to the sectors in which a reservation is taken;
(b) Subsector refers to specific industries, products, or activities in which a reservation is taken;
(c) Industry Classification refers to the activities covered by the reservation according to International Standard Industrial Classification (hereinafter referred to as “ISIC”) Revision 3 for manufacturing, agriculture, fishery, forestry, mining and quarrying. If the reservation does not exactly conform to the ISIC, the Philippines specified the coverage of the reservation, as necessary and appropriate;
(d) Level of Government specifies the level of government maintaining the measure for which a reservation is taken;
(e) Type of Obligation refers to the obligation of National Treatment, Most-Favoured-Nation Treatment, Prohibition of Performance Requirements, and Senior Management and Board of Directors, as the case may be, which do not apply to the listed measure;
(f) Description of Measure refers to measures that do not conform to National Treatment, Most-Favoured-Nation Treatment, Prohibition of Performance Requirements, and Senior Management and Board of Directors for which a reservation is taken; and
(g) Source of Measure refers to existing measures that apply to the sector, subsector or activities covered by the reservations and is identified for transparency purposes only.
4. In the interpretation of a reservation, all elements of a reservation shall be considered. The Description of Measure element shall prevail over all other elements.
5. These Explanatory Notes shall form part of this List.
1.
Sector : All sectors Subsector : - Industry Classification : - Level of Government : All levels Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : The Philippines reserves the right to adopt or maintain any measure relating to the ownership, conservation, exploration, development, protection, and utilization of land, water and natural resources, which shall be under the full control and supervision of the Philippines. The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils based on real contributions to the economic growth and general welfare of the country. In such agreements, the Philippines shall promote the development and use of local scientific and technical resources. Source of Measure : The 1987 Philippine Constitution
2.
Sector : All sectors Subsector : - Industry Classification : - Level of Government : All levels Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : The Philippines reserves the right to adopt any measure on certain areas of investment, when the national interest dictates, upon recommendation of the economic and planning agency, where such measures are necessary and would not constitute arbitrary or unjustifiable discrimination or a disguised restriction on foreign investment. In the grant of rights, privileges, and concessions covering the national economy and patrimony, the Philippines shall give preference to qualified Filipinos. Further, the Philippines reserves the right to adopt or maintain any measure relative to the grant of franchise, certificate, or any other form of authorization for the operation of a public utility, where such measures are necessary and would not constitute arbitrary or unjustifiable discrimination or a disguised restriction on foreign investment. The Philippines shall regulate and exercise authority over foreign investments within its national jurisdiction and in accordance with its national goals and priorities, where such measures are necessary and would not constitute arbitrary or unjustifiable discrimination, or a disguised restriction on foreign investment. Source of Measure : The 1987 Philippine Constitution
3.
Sector : All sectors Subsector : - Industry Classification : - Level of Government : All levels Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : The Philippines reserves the right to adopt or maintain any measure or mechanism relating to the local government units (5), the autonomous regions, in the Cordilleras, and the autonomous region in Muslim Mindanao and the enforcement and protection of the rights of Cultural Communities or Indigenous Peoples on their ancestral domains and on indigenous knowledge systems and practices (6). Source of Measure : - The 1987 Philippine Constitution - R.A. No. 8731, The Indigenous Peoples’ Rights Act of 1997 - R.A. No. 7160, the Local Government Code of 1991 - Executive Order No. 220, series of 1987, Creating a Cordillera Administrative Region, Appropriating Funds Therefor and for Other Purposes - R.A. No. 11054, the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao - National Commission on Indigenous Peoples (NCIP) Administrative Order No. 3, Series of 2012, The Revised Guidelines on the Exercise of Free and Prior Informed Consent (FPIC) and Related Processes Executive Orders and Administrative Issuances
4.
Sector : All sectors Subsector : - Industry Classification : - Level of Government : All levels Type of Obligation : National Treatment (Article 10.3) Description of Measure : The Philippines reserves the right to adopt or maintain any measure relating to registration of foreign investment (equity and debt) and foreign loans with the Bangko Sentral ng Pilipinas (7). Source of Measure : - The 1987 Philippine Constitution - R.A. No. 7653, The New Central Bank Act - R.A. No. 7160, the Local Government Code of 1991 - R.A. No. 4860, Foreign Borrowings Act of 1966, as amended by R.A. No. 8182, the Official Development Assistance Act of 1996 and R.A. No. 8555 - R.A. No. 7042, the Foreign Investments Act of 1991, as amended by R.A. No. 8179 - R.A. No. 245, An Act Authorizing the Secretary of Finance to Borrow to Meet the Public Expenditure, as amended - R.A. No. 8799, The Securities Regulation Code - Administrative Issuances, including Bangko Sentral ng Pilipinas Issuances (e.g., Manual of Regulations on Foreign Exchange Transactions, as amended, Manual of Regulations for Banks and Non-Bank Financial Institutions)
5.
Sector : All sectors Subsector : - Industry Classification : - Level of Government : All levels Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : The Philippines reserves the right to adopt or maintain any measure or mechanism relating to privatization programs of government assets and divestment of assets requirement in iron and steel, pioneer (8) activities (9), and public-private partnership programs. Source of Measure : - The 1987 Philippine Constitution - R.A. No. 7042, the Foreign Investments Act of 1991, as amended and its Implementing Rules and Regulations - Executive Order No. 226, the Omnibus Investments Code of 1987, as amended - R.A. No. 9184, the Government Procurement Reform Act - R.A. No. 7718, An Act Amending Certain Sections Of Republic Act No. 6957, Entitled “An Act Authorizing The Financing, Construction, Operation And Maintenance Of Infrastructure Projects By The Private Sector, And For Other Purposes” R.A. No. 9136, the Electric Power Industry Reform Act of 2001 - Presidential Decree No. 194, s. 1973, Authorizing Aliens, as well as Associations, Corporations or Partnerships Owned in Whole or in Part by Foreigners to Engage in the Rice and Corn Industry, and for other Purposes and its Implementing Rules and Regulations - Executive Orders and Administrative Issuances
6.
Sector : All sectors Subsector : - Industry Classification : - Level of Government : All levels Type of Obligation : Most-Favoured-Nation Treatment Description of Measure : The Philippines reserves the right to adopt or maintain any measure or mechanism relating to: (a) preferential treatment accorded to investors or their investments under any existing bilateral, regional or international arrangements or any forms of economic or regional cooperation of which the Philippines is a party (10); and (b) any existing or future preferential treatment accorded to investors or their investments in any agreement or arrangement between or among Member States of ASEAN. The Philippines reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving: (a) mining; (b) fisheries; or (c) forestry. Source of Measure : - Administrative Policies - International agreements or arrangements
7.
Sector : Forestry and Manufacturing Subsector : Forestry, logging, and wood processing Industry Classification : ISIC Section 0200 Forestry, logging and related service activities ISIC Section 201 - Sawmilling and planing of wood ISIC Section 202 - Manufacture of products of wood, cork, straw and plaiting materials Level of Government : All levels Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : The Philippines reserves the right to adopt or maintain any measure relating to any activity within any forest and grazing land, or establish, install, add and operate any wood or forest products processing plant, unless the person is duly authorized under a license agreement, license, lease or permit, subject to compliance with terms and conditions. Source of Measure : - The 1987 Philippine Constitution - Presidential Decree No. 705, the Revised Forestry Code of the Philippine, as amended - R.A. No. 7160, the Local Government Code of 1991 - R.A. No. 11054, the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao - Executive Order No. 220, series of 1987, Creating the Cordillera Administrative Region - Executive Orders and Administrative Issuances
8.
Sector : Fisheries and Aquaculture Subsector : - Industry Classification : ISIC 050 Fishing, aquaculture and service activities incidental to fishing Level of Government : All levels Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Prohibition of Performance Requirements (Article 10.6) Description of Measure : The Philippines reserves the right to adopt or maintain any measure relating to the exportation or importation of fisheries and aquaculture species. For a foreign entity or individual, Filipino citizens affiliated with a foreign institution, or a Filipino citizen with foreign funding that will conduct a scientific research on aquatic wildlife, there is a need to identify a local institution as a research collaborator or counterpart and a letter of consent of the Head of the local institution. Source of Measure : - R.A. No. 8550, The Philippine Fisheries Code of 1998, as amended - Presidential Decree 704, the Fisheries Decree of 1975 - Muslim Mindanao Act No. 86, the ARMM Fisheries and Aquatic Code of 1999 - R.A. No. 7160, the Local Government Code of 1991 - R.A. No. 11054, the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao - Executive Order No. 220, series of 1987, Creating the Cordillera Administrative Region - Fisheries Administrative Orders and Issuances
9.
Sector : Manufacturing Subsector : - Industry Classification : - Level of Government : All levels Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : The Philippines reserves the right to adopt and implement any measure on rationalization programs (11) for certain manufacturing industries whose operation may result in dislocation, overcrowding or inefficient use of resources, thus impeding economic growth. Source of Measure : Executive Order No. 226, the Omnibus Investments Code of 1987, as amended.
10.
Sector : Mining and Quarrying Subsector : - Industry Classification : - Level of Government : All levels Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : The Philippines reserves the right to adopt or maintain any measure or mechanism relating to exploration, development, and utilization of mineral resources. Source of Measure : - The 1987 Philippine Constitution - R.A. No. 7942, the Philippine Mining Act of 1995 - Executive Order No. 79, Institutionalizing and Implementing Reforms in the Philippine Mining Sector Providing Policies and Guidelines to Ensure Environmental Protection and Responsible Mining in the Utilization of Mineral Resources - R.A. No. 7586, the National Integrated Protected Areas System Act of 1992 - Proclamation No. 1250, (9 June 1998), Exclusion of Mineral Resource-Rich Areas of Cagraray Island, Albay from the Bicol Region Tourism Master Plan - Executive Order 211, series of 1987, Prescribing the Interim Procedures in the Processing and Approval of Applications for the Exploration, Development and Utilization of Minerals - Presidential Decree No. 2027, Granting Tax Relief to Distressed Copper Mining Companies - Proclamation No. 297, series of 2002, Excluding a Certain Area from the Operation of Proclamation No. 369 dated February 27, 1931 and Declaring the same as Mineral Reservation and as Environmentally Critical Area - Proclamation No. 183, Series of 1999, Revoking Proclamation No. 66, Series Of 1999, Declaring The Lahar-Affected Rivers And Embankment Areas In The Provinces Of Pampanga, Tarlac And Zambales As Environmentally Critical Areas And As Mineral Reservation Under The Direct Supervision And Control Of The Department Of Environment And Natural Resources - Letter of Instruction No. 1387 s. 1984 - R.A. No. 5092, Geothermal Energy, Natural Gas and Methane Gas Law - Presidential Decree No. 87, The Oil Exploration and Development Act of 1972 - Presidential Decree No. 972, The Coal Development Act of 1976 - Department of Environment and Natural Resources (DENR) Administrative Order No. 2010-21, (28 June 2010) Revised Implementing Rules and Regulations of R.A. 7942, otherwise known as the Philippine Mining Act of 1995 - R.A. No. 7160, Local Government Code of 1991 - R.A. No. 11054, the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao - Executive Order No. 220, series of 1987, Creating the Cordillera Administrative Region - Department of Energy Issuances - DENR Administrative Orders, Memorandum Orders and Memorandum Circulars - Mines and Geosciences Bureau Memorandum Circulars
11.
Sector : Agriculture Subsector : Rice and Corn Industry Industry Classification : ISIC 0111, Growing of cereals and other crops n.e.c. ISIC 153, Manufacture of grain mill products, starches and starch products, and prepared animal feeds Level of Government : All levels Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Prohibition of Performance Requirements (Article 10.6) Description of Measure : An alien, association, partnership or corporation, owned in whole or in part by foreigners, may engage in the rice and corn industry, subject to the following conditions: (a) There is an urgent need for foreign investment in the undertaking and that the same will not pose a clear and present danger of promoting monopolies or combination in restraint of trade. (b) The alien, association, corporation or partnership shall have the necessary financial capability and technical competence. (c) The alien, association, corporation or partnership shall submit a development plan acceptable to the Philippine Government. In connection with the foreign equity participation, at least 60 percent thereof shall be transferred to Filipino citizens over a 30-year divestment period, which shall start from the actual operation of the business in the Philippines. Foreign investors shall fully develop the land leased to them for rice and corn production and culture over a period as established in their development plan, provided such period shall not exceed four years; provided, further, that the Philippine Government may grant a grace period on a case-to-case basis. Source of Measure : - Presidential Decree No. 194, series of 1973, Authorizing Aliens, as well as Associations, Corporations or Partnerships Owned in Whole or in Part by Foreigners to Engage in the Rice and Corn Industry, and for other Purposes” and its Implementing Rules and Regulations - R.A. No. 8435, the Agriculture and Fisheries Modernization Act of 1997 - Executive Orders and Administrative Issuances
12.
Sector : All sectors Subsector : - Industry Classification : - Level of Government : All levels Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : The Philippines reserves the right to adopt or maintain any measure or mechanism relating to: (a) investments other than those recognized or other than those that should have been recognized by the Philippine Government owing to the circumstances on the date of entry into force of this Agreement; and (b) investments which were not technically feasible on the date of entry into force of this Agreement. Source of Measure : -
13.
Sector : All sectors Subsector : - Industry Classification : - Level of Government : All levels Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : The Philippines reserves the right to adopt or maintain any measure or mechanism that it considers necessary for the protection of its essential security interests. Source of Measure : -
14.
Sector : All sectors Subsector : - Industry Classification : - Level of Government : All levels Type of Obligation : Prohibition of Performance Requirements (Article 10.6) Description of Measure : The Philippines reserves the right to adopt or maintain any measure or mechanism relating to technology transfer, production processes, or other proprietary knowledge. Source of Measure : -
15.
Sector : All sectors Subsector : - Industry Classification : - Level of Government : All levels Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : The Philippines reserves the right to adopt or maintain any measure relating to investments in all services sectors and subsectors. Source of Measure : -
16.
Sector : All sectors Subsector : - Industry Classification : - Level of Government : All levels Type of Obligation : National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Prohibition of Performance Requirements (Article 10.6) Senior Management and Board of Directors (Article 10.7) Description of Measure : The Philippines reserves the right to adopt or maintain any measure affecting or relating to electronic commerce, where such measure is necessary and would not constitute arbitrary or unjustifiable discrimination or a disguised restriction on foreign investment. Source of Measure : -
Singapore
List A. Explanatory Notes
1. List A of the Schedule of Singapore in this Annex sets out, pursuant to Article 8.8 (Schedules of Non-Conforming Measures) and Article 10.8 (Reservations and Non-Conforming Measures), the reservations taken by Singapore with respect to measures that do not conform with obligations imposed by:
(a) Article 8.4 (National Treatment) or Article 10.3 (National Treatment);
(b) Article 8.5 (Market Access);
(c) Article 8.6 (Most-Favoured-Nation Treatment) or Article 10.4 (Most-Favoured-Nation Treatment);
(d) Article 8.11 (Local Presence);
(e) Article 10.6 (Prohibition of Performance Requirements); or
(f) Article 10.7 (Senior Management and Board of Directors).
2. The sectors, subsectors, or activities to which a reservation applies shall be stated in the Description element. In the interpretation of a reservation, all elements of the reservation shall be considered in their totality.
3. With respect to trade in services, Local Presence and National Treatment are separate disciplines and a measure that is only inconsistent with Local Presence need not be reserved against National Treatment.
4. The reservations and commitments relating to trade in services shall be read together with the relevant guidelines stated in Scheduling of Initial Commitments in Trade in Services: Explanatory Note dated 3 September 1993 (MTN.GNS/W/164) and Scheduling of Initial Commitments in Trade in Services: Explanatory Note: Addendum dated 30 November 1993 (MTN.GNS/W/164 Add. 1).
5. Each entry in List A sets out the following elements:
(a) Sector refers to the general sector for which the entry is made;
(b) Subsector refers to the specific subsector for which the entry is made;
(c) Industry Classification refers where applicable, 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 (Market Access, National Treatment, Most-Favoured-Nation Treatment, Local Presence, Prohibition of Performance Requirements, and Senior Management and Board of Directors) against which a reservation is taken;
(e) Description sets out the non-conforming measures to which the reservation applies; and
(f) Source of Measure identifies, for transparency purposes, the laws, regulations, or other measures to which the entry applies. The measures stipulated therein are not exhaustive.
6. Whenever, in this List, the supply of services is conditioned upon obtaining licensing or authorisation from relevant regulatory authorities, it shall be understood that the licensing or authorisation process is non-automatic, requiring a case-by-case evaluation, and the regulatory authorities may exercise discretion over their decisions.
7. References in this List to any enterprise or entity apply as well to any successor enterprise or entity, which shall be entitled to benefit from any listing of a non-conforming measure with respect to that enterprise or entity.
8. The Schedules of other Parties shall not be used to interpret Singapore’s commitments or obligations under Chapter 8 (Trade in Services) or Chapter 10 (Investment).
1.
Sector : All Subsector : - Industry Classification : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Description : Trade in Services and Investment: A non-resident financial institution may in certain circumstances be unable to borrow in Singapore dollars (S$) more than S$5 million from a resident financial institution owing to the following restrictions placed on financial institutions’ lending of the Singapore dollar to non-resident financial institutions. A financial institution shall not extend to any non-resident financial institution S$ credit facilities exceeding S$5 million per non-resident financial institution: (a) where the S$ 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 S$ 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 S$ proceeds may be used for S$ currency speculation, regardless of whether the S$ proceeds are to be used in Singapore or outside of Singapore. A financial institution shall not arrange S$ equity or bond issues for any non-resident financial institution where the S$ 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-residents financial institution" means any financial institution which is not a resident as defined in the relevant notice. Source of Measure : Insurance Act, Cap. 142, 2002 Revised Edition, MAS Notice 109 Banking Act, Cap. 19, 2008 Revised Edition, MAS Notice 757 Finance Companies Act, Cap. 108, 2011 Revised Edition, MAS Notice 816 Monetary Authority of Singapore Act, Cap. 186, 1999 Revised Edition, MAS Notice 1105 Securities and Futures Act, Cap. 289, 2006 Revised Edition, MAS Notice SFA 04-N04
2.
Sector : All Subsector : - Industry Classification : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Description : Trade in Services and Investment: The aggregate of foreign shareholdings in PSA Corporation or its successor body is subject to a 49 per cent limit. The “aggregate of foreign shareholdings” is defined as the total number of shares owned by: (a) any individual who is not a Singapore citizen; (b) any corporation which is not more than 50 per cent owned by Singapore citizens or by the Singapore Government; or (c) any other enterprise which is not owned or controlled by the Singapore Government. Source of Measure : This is an administrative policy of the Singapore Government and is inscribed in the Memorandum and Articles of Association of PSA Corporation.
3.
Sector : All Subsector : - Industry Classification : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Description : Trade in Services and Investment: All individual investors, apart from the Singapore Government, will be subject to the following equity ownership limits in the enterprises, or its successor bodies, as listed below: (a) Singapore Technologies Engineering – 15 per cent; (b) PSA Corporation – 5 per cent; (c) Singapore Airlines – 5 per cent; and (d) PowerGas, SP PowerGrid, SP PowerAssets, Singapore LNG Corporation – 10 per cent. For the purposes of this reservation, ownership of equity by an investor in these enterprises or its successor bodies includes both direct and indirect ownership of equity. Source of Measure : This is an administrative policy of the Singapore Government and is inscribed in the Memorandum and Articles of Association of the relevant enterprises.
4.
Sector : All Subsector : - Industry Classification : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment: Where a person required to be registered under the Business Names Registration Act 2014, or, in the case of any corporation, the directors, or secretaries of the corporation, do not reside in Singapore, an authorised representative who must be ordinarily resident* in Singapore must be appointed. *Persons who qualify to be appointed in such a capacity are primarily Singapore citizens, Singapore permanent residents and EntrePass holders (all with local address). Source of Measure : Business Names Registration Act 2014, Act 29 of 2014 Business Names Registration Regulations 2015
5.
Sector : Business Services Subsector : Architectural Services Architectural services includes preparing and selling or supplying for gain or reward any architectural plan, drawing, tracing, design, specification, or the like for use in the construction, enlargement, or alteration of any building or part thereof. It includes the certification and inspection of buildings for compliance with a building authority or public authority. Industry Classification : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Description : Trade in Services and Investment: Only persons who are registered with the Board of Architects (BOA) or its successor body and resident in Singapore are allowed to provide architectural services. All corporations, limited liability partnerships and partnerships (including those which are providing architectural services as part of a multi-disciplinary corporation or practice) providing architectural services shall obtain a licence from the BOA or its successor body. To qualify for the licence, the corporation or partnership shall: (a) be under the control and management of a director or partner who is a Singapore- registered architect; where a multi-disciplinary corporation or partnership is concerned, the business of the corporation or partnership relating to architectural services shall be under the control and management of a director or partner who is a Singapore-registered architect; and (b) where limited corporations are concerned, the majority of the directors of a corporation shall be Singapore-registered architects or allied professionals; where unlimited corporations are concerned, the majority of directors shall be registered professional architects or allied professionals who have in force practicing certificates; where partnerships are concerned, the beneficial interest in the capital assets and profits of the partnership shall be held by Singapore-registered architects or allied professionals who have in force practicing certificates. “Allied professionals” are Singapore-registered land surveyors and engineers. Source of Measure : Architects Act, Cap. 12, 2000 Revised Edition
6.
Sector : Business Services Subsector : Public Accountancy Services (including statutory audit) Industry Classification : CPC 86211 Financial auditing services CPC 86309 Other Tax-related services Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment: Only public accountants, accounting firms, accounting corporations or accounting limited liability partnerships (LLPs) may provide public accountancy services. Public accountants must be registered with the Accounting and Corporate Regulatory Authority (ACRA) and fulfil the registration requirements under the Accountants Act, including requirements pertaining to qualifications, experience as well as membership with the Institute of Singapore Chartered Accountants (ISCA). Accounting firms, accounting corporations and accounting LLPs must be approved by the Public Accountants Oversight Committee, which is a Board Committee of ACRA under the Accountants Act. The business of an accounting firm, accounting corporation or an accounting LLP, so far as it relates to the provision or supply of public accountancy services in Singapore, shall be under the control and management of one or more directors (in the case of accounting corporation) or a partner (in the case of accounting firm) who is a public accountant ordinarily resident in Singapore1. Source of Measure : Accountants Act, Cap. 2, 2005 Revised Edition, Sections 2, 10(1), 17(3)(d),18(3)(c), and 18A(3)(e) Accountants (Public Accountants) Rules, Second Schedule, Paragraph 7 Companies Act, Cap. 50, 2006 Revised Edition, Section 9 1 Reference: See Sections 17, 18, and 18A of the Accountants Act.
7.
Sector : Business Services – Professional Services Subsector : Land Surveying Services Industry Classification : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment: All persons seeking to provide land surveying services in Singapore are required to register with the Land Surveyors Board (LSB) or its successor body, and be physically present in Singapore for the duration of the land surveying project which requires his supervision or certification. All corporations, limited liability partnerships and partnerships (including those which are providing land surveying services as part of a multi-disciplinary corporation or practice) seeking to provide land surveying services must obtain a licence from the LSB. To qualify for the licence, the corporation or partnership must: (a) be under the control and management of a director or partner who is a Singapore-registered surveyor; where a multi-disciplinary corporation or partnership is concerned, the business of the corporation or partnership relating to land surveying services must be under the control and management of a director or partner who is a Singapore-registered surveyor; and (b) where limited corporations are concerned, a simple majority of its directors must be Singapore-registered surveyors or allied professionals; where unlimited corporations are concerned, the directors or members shall be Singapore-registered surveyors or allied professionals; where partnerships are concerned, only Singapore-registered surveyors and allied professionals can have a beneficial interest in the capital assets and profits of the partnership. “Allied professionals” are Singapore-registered engineers and architects. Source of Measure : Land Surveyors Act, Cap. 156, 2012 Revised Edition, Sections 12 through 23 Land Surveyors Rules, Rules 2 through 20
8.
Sector : Business Services Subsector : Patent Agent Services Industry Classification : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment: Only service suppliers registered with the Intellectual Property Office of Singapore (IPOS) or its successor body and resident in Singapore shall be allowed to carry on a business, practise or act as a patent agent in Singapore. Only service suppliers which have at least one Singapore-registered patent agent resident in Singapore either as a director or partner, shall be allowed to carry on a business, practise or act as a patent agent in Singapore. Source of Measure : Patents Act, Cap. 221, 2005 Revised Edition
9.
Sector : Business Services Subsector : Placement and supply services of personnel Industry Classification : - Obligations Concerned : Local Presence (Article 8.11) Description : Trade in Services: Only service suppliers with local presence shall be allowed to set up employment agencies and place foreign workers in Singapore. Source of Measure : Employment Agencies Act, Cap. 92, 2012 Revised Edition
10.
Sector : Business Services Subsector : Professional Engineering Services Professional engineering services includes any professional service, consultation, investigation, evaluation, planning, design or responsible supervision of construction or operation in connection with any public or privately owned public utilities, buildings, machines, equipment, processes, works or projects wherein the public interest and welfare, or the safeguarding of life, public health or property is concerned or involved, and that requires the application of engineering principles and data. Industry Classification : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Description : Trade in Services and Investment: Only persons who are registered with or firms which are licensed by the Professional Engineers Board (PEB) are allowed to provide professional engineering services in Singapore in prescribed branches of engineering, namely: civil, electrical and mechanical engineering. The implementation in Singapore of professional engineering works which require approval by the authorities shall be carried out by a professional engineer physically present in Singapore for the duration when the project is being implemented. All corporations, multi-discipline partnerships and limited liability partnerships providing professional engineering services shall obtain a licence from the PEB or its successor body. To qualify for the licence, the corporation, multi-disciplinary partnership or limited liability partnership shall meet the following requirements: (a) the business of the corporation, multi-disciplinary partnership or limited liability partnership relating to professional engineering services shall be under the control and management of a director or a partner who is a Singapore-registered professional engineer and who has a valid practising certificate and who, in the case of corporations or limited liability partnerships, is authorised under a resolution of the board of directors of the corporation or partners of the limited liability partnership to make all final engineering decisions on behalf of the corporation or limited liability partnership; and (b) where limited or unlimited corporations are concerned, not less than 51 per cent of the directors shall be Singapore-registered professional engineers or allied professionals; where multi-disciplinary partnerships are concerned, the beneficial interest in the capital assets and profits of the partnerships shall be held by Singapore-registered professional engineers or allied professionals; where limited liability partnerships are concerned, partners shall be Singapore–registered professional engineers or allied professionals, licensed corporations or licensed limited liability partnerships. “Allied professionals” are Singapore-registered land surveyors and architects. Source of Measure : Professional Engineers Act, Cap. 253, 1992 Revised Edition, Sections 10, 11, and 20 through 26
11.
Sector : Business Services Subsector : Real Estate Services Industry Classification : CPC 82202 Non-residential property management services on a fee or contract basis Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Description : Trade in Services and Investment: Only the Sentosa Development Corporation or its successor body shall be allowed to develop and manage the resort island of Sentosa and its waterways. Only the Singapore Land Authority, the National Parks Board, or their successor bodies shall be allowed to develop and manage the Southern Islands of Singapore. For the purpose of this reservation, the “Southern Islands of Singapore” are St. John’s Island, Lazarus Island, Kusu Island, Pulau Renggit, Sister’s Island, Pulau Hantu, Pulau Biola, Pulau Jong and Pulau Tekukor. Source of Measure : Sentosa Development Corporation Act, Cap. 291, 1998 Revised Edition, Section 9 Singapore Land Authority Act, Cap. 301, 2002 Revised Edition, Section 6(1)(e)(ii)
12.
Sector : Business Services Subsector : Private Investigation Services Unarmed Guard Services Industry Classification : CPC 87301 Investigation Services CPC 87302 Security Consultation Services CPC 87305 Guard Services (only applies to unarmed security guard services) Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Local Presence (Article 8.11) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment: Singapore reserves the right to adopt or maintain any measure affecting the supply of Unarmed Guard Services, Private Investigation Services, and Security Services, which are regulated under the Private Security Industry Act for the protection of vital security interests. Source of Measure : Private Security Industry Act, Cap. 250A, 2008 Revised Edition
13.
Sector : Education Services Subsector : Higher Education Services in relation to the training of Doctors Industry Classification : CPC 92390 Other Higher Education Services (Only applies to Higher Education Services in relation to the training of doctors) Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Description : Trade in Services and Investment: Only local tertiary institutions which are established pursuant to an Act of Parliament, or as designated by the Ministry of Education shall be allowed to operate undergraduate or graduate programmes for the training of doctors in Singapore. Currently, only the National University of Singapore and the Nanyang Technological University are allowed to operate undergraduate or graduate programmes for the training of doctors in Singapore. Source of Measure : Medical Registration Act, Cap. 174, 2014 Revised Edition, Sections 2, 3, 34 and 35 Private Education Act, Cap. 247A, 2011 Revised Edition
14.
Sector : Health and Social Services Subsector : Medical Services Pharmacy Services Deliveries and related services, nursing services, para-medical services and allied health services2 Optometrists and Opticians Industry Classification : - Obligations Concerned : Local Presence (Article 8.11) Description : Trade in Services: Only persons who are resident in Singapore are allowed to provide the following services: medical services, pharmacy services, deliveries and related services, nursing services, para-medical services and allied health services and optometry and opticianry services. Source of Measure : Medical Registration Act, Cap. 174, 2014 Revised Edition Pharmacists Registration Act, Cap. 230, 2008 Revised Edition Medicines Act, Cap. 176, 1985 Revised Edition Health Products (Licensing of Retail Pharmacies) Regulations 2016 Nurses and Midwives Act, Cap. 209, 2012 Revised Edition Allied Health Professions Act, Cap. 6B, 2013 Revised Edition Optometrists and Opticians Act, Cap. 213A, 2008 Revised Edition 2 Includes physiotherapy services.
15.
Sector : Import, export and trading services Subsector : - Industry Classification : - Obligations Concerned : Market Access (Article 8.5) Local Presence (Article 8.11) Description : Trade in Services: Only services suppliers with local presence shall be allowed to apply for import or export permits, certificates of origin or other trade documents from the relevant authorities. Source of Measure : Regulation of Imports and Exports Act, Cap. 272A, 1996 Revised Edition Regulation of Imports and Exports Regulations
16.
Sector : Telecommunication Services Subsector : Telecommunication Services Industry Classification : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Description : Trade in Services and Investment: Facilities-based operators and service-based operators must be locally incorporated under the Companies Act, Cap. 50, 2006 Revised Edition. “Facilities-based operators” are operators who deploy any form of telecommunication networks, systems and facilities, outside of their own property boundaries, to offer telecommunication services to third parties, which may include other licensed telecommunication operators, business customers, or the general public. “Service-based operators” are operators who lease telecommunication network elements (such as transmission capacity and switching services) from any Facilities-Based Operator (FBO) licensed by Infocomm Media Development Authority of Singapore (IMDA) so as to provide their own telecommunication services, or to resell the telecommunication services of FBOs to third parties. The number of licences granted will be limited only by resource constraints, such as the availability of radio frequency spectrum. In view of spectrum constraints, parties interested in deploying networks based on wireless technology may be licensed to use radio frequency spectrum via a tender or auction process. Source of Measure : Info-communications Media Development Authority Act 2016, Act 22 of 2016 Telecommunications Act, Cap. 323, 2000 Revised Edition
17.
Sector : Power Supply Subsector : - Industry Classification : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Description : Trade in Services and Investment: Power producers shall not be allowed to sell power directly to consumers and shall only sell power through the Singapore electricity wholesale market operators licensed by the Energy Market Authority. The amount of power supplied cumulatively by power producers located outside of Singapore to Singapore’s wholesale power market shall not exceed 600 megawatt. Singapore reserves the right and flexibility to revise or reduce the power supply threshold of 600 megawatt. Source of Measure : Electricity Act, Cap. 89A, 2002 Revised Edition, Sections 6(1) and 9(1)
18.
Sector : Power Supply Subsector : - Industry Classification : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Description : Trade in Services and Investment: Only a Market Support Service Licensee shall be allowed to supply electricity to: (a) all household consumers of electricity; and (b) non-household consumers of electricity whose Average monthly consumption is below 2,000 kilowatt-hour. Only retail electricity licensees with local presence may supply electricity in Singapore.* * With the full liberalisation of Singapore’s retail electricity market (i.e. Open Electricity Market Initiative), the retailing of electricity to all consumers shall be subject to competition as consumers could buy electricity from retail electricity licensees as well. Source of Measure : Electricity Act, Cap. 89A, 2002 Revised Edition, Sections 6(1) and 9(1)
19.
Sector : Power Transmission and Distribution Subsector : - Industry Classification : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Description : Trade in Services and Investment: Only a Transmission Licensee shall be the owner and operator of the electricity transmission and distribution network in Singapore. Source of Measure : Electricity Act, Cap. 89A, 2002 Revised Edition, Sections 6(1) and 9(1)
20.
Sector : Tourism and Travel Related Services Subsector : Beverage serving services for consumption on the premises Meal serving services in eating facilities run by the Singapore Government Retail sales of food Industry Classification : CPC 643 Beverage serving services for consumption on the premises CPC 642 Food serving services CPC 6310 Retail sales of food Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Description : Trade in Services and Investment: Only a Singapore citizen or permanent resident can apply for a licence to operate a stall in government-run markets or hawker centres in his or her personal capacity. To provide food or beverage catering services in Singapore, a foreign service supplier must incorporate as a limited company in Singapore, and apply for the food establishment licence in the name of the limited company.to operate a food or beverage establishment in non-government run eating facilities. Only Singapore citizens or permanent residents can apply to run stalls at hawker centres managed by the National Environment Agency or the National Environment Agency’s appointed managing agents. Source of Measure : Environmental Public Health Act, Cap. 95, 2002 Revised Edition
21.
Sector : Refuse Disposal, Sanitation and other Environmental Protection Services Subsector : Waste Management, including collection, disposal, and treatment of hazardous waste Industry Classification : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Description : Trade in Services and Investment: 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). Source of Measure : Environmental Public Health Act, Cap. 95, 2002 Revised Edition
22.
Sector : Trade Services Subsector : Distribution and Sale of Hazardous Substances Industry Classification : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Description : Trade in Services and Investment: Only companies with local presence and a valid hazardous substances licence shall be allowed to distribute and sell hazardous substances as defined in the Environmental Protection and Management Act and the Environmental Protection and Management (Hazardous Substances) Regulations. Singapore reserves the right and flexibility to modify or increase the list of hazardous substances as defined or listed in the Environmental Protection and Management Act and the Environmental Protection and Management (Hazardous Substances) Regulations. Source of Measure : Environmental Protection and Management Act, Cap. 94A, 2002 Revised Edition, Section 22 Environmental Protection and Management (Hazardous Substances) Regulations
23.
Sector : Manufacturing and Services Incidental to Manufacturing Subsector : - Industry Classification : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Prohibition of Performance Requirements (Article 10.6) Description : Trade in Services and Investment: Singapore reserves the right to adopt or maintain any measures affecting the imposition of duty, restrictions on the manufacture of goods, or penalties for offences under the Control of Manufacture Act. Singapore reserves the right and flexibility to modify or increase the list of goods as scheduled in the Control of Manufacture Act. The current list of scheduled goods is: (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 health product categorised as an oral dental gum or a therapeutic product in the First Schedule to the Health Products Act, Cap. 122D, 2008 Revised Edition; (e) cigarettes; and (f) matches. Source of Measure : Control of Manufacture Act, Cap. 57, 2001 Revised Edition
24.
Sector : Trade Services Subsector : Distribution Services Retailing Services Wholesale Trade Services Industry Classification : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Description : Trade in Services and Investment: 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. Singapore reserves the right and flexibility to modify or increase the list of medical and health-related products and materials as defined or listed in the Medicines Act and Health Products Act. Source of Measure : Medicines Act, Cap. 176, 1985 Revised Edition Health Products Act, Cap. 122D, 2008 Revised Edition
25.
Sector : Transportation and Distribution of Manufactured Gas and Natural Gas Subsector : - Industry Classification : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Description : Trade in Services and Investment: Only the holder of a gas transporter licence shall be allowed to transport and distribute manufactured and natural gas. Only one gas transporter licence has been issued given the size of the Singapore market. Source of Measure : Gas Act, Cap. 116A, 2002 Revised Edition
26.
Sector : Business Services Subsector : Leasing or rental services concerning private cars, goods transport vehicles and other land transport equipment without operator Industry Classification : CPC 83101, 83102, 83105 Leasing or rental services concerning private cars, goods transport vehicles and other land transport equipment without operator Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Description : Trade in Services and Investment: The cross-border rental of private cars, goods transport vehicles and other land transport equipment without operator by Singapore residents with the intent to use the vehicles in Singapore is prohibited. Source of Measure : Road Traffic Act, Cap. 276, 2004 Revised Edition
27.
Sector : Transport Services Subsector : Maritime Transport Services Cargo Handling Services Pilotage Services Supply of Desalinated Water to Ships berthed at Singapore ports or in Singapore territorial waters Industry Classification : CPC 741 Cargo Handling Services CPC 74520 Pilotage and Berthing Services (only applies to Pilotage Services) CPC 74590 Other Supporting Services for Water Transport Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Description : Trade in Services and Investment: Only PSA Corporation Ltd and Jurong Port Pte Ltd or their respective successor bodies are allowed to provide cargo handling services. Only PSA Marine (Pte) Ltd or its successor bodies are allowed to provide pilotage services and supply desalinated water to ships berthed at Singapore ports or in Singapore territorial waters. Source of Measure : Maritime and Port Authority of Singapore Act, Cap. 170A, 1997 Revised Edition, Section 81
28.
Sector : Transport Services Subsector : Maritime Transport Services Industry Classification : - Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Description : 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 juridical persons which are more than 50 per cent owned by Singapore citizens. Source of Measure : Maritime and Port Authority of Singapore Act, Cap. 170A, 1997 Revised Edition, Section 81
29.
Sector : Transport Services Subsector : Maritime Transport Services – Registration of ships under Singapore flag Industry Classification : CPC 74590 Other Supporting Services for Water Transport Obligations Concerned : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Local Presence (Article 8.11) Description : Trade in Services and Investment: Only a Singapore citizen, permanent resident or Singapore legal person may register a ship under the Singapore flag. All Singapore legal persons seeking to register ships under the Singapore flag shall appoint a ship manager who is resident in Singapore. Vessels or ships owned by Singapore legal persons that are not majority owned by Singapore citizens or Singapore permanent residents shall be of at least 1,600 Gross Tonnage and be self-propelled before they can be registered under the Singapore flag. For the purposes of this reservation, a “Singapore legal person” is a locally incorporated company. Source of Measure : Merchant Shipping Act, Cap. 179, 1996 Revised Edition Merchant Shipping (Registration of Ships) Regulations