Sector : Transport Services Subsector : Maritime Transport Services – Seaman Services 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 Singapore citizens and permanent residents can register as Singapore seamen as defined in the Maritime and Port Authority of Singapore Act. Source of Measure : Maritime and Port Authority of Singapore Act, Cap. 170A, 1997 Revised Edition, Section 40 Maritime and Port Authority of Singapore (Registration and Employment of Seamen) Regulations
31.
Sector : Telecommunications Services Subsector : Telecommunications services Domain name allocation policies in Internet country code top level domains (ccTLDs) corresponding to Singapore territories (.sg) Industry Classification : - Obligations Concerned : Market Access (Article 8.5) Local Presence (Article 8.11) Description : Trade in Services: A registrar must be a company incorporated or a foreign company registered under the Companies Act, Cap. 50, 2006 Revised Edition. Source of Measure : Info-communications Media Development Authority Act, Act 22 of 2016 Telecommunications Act, Cap. 323, 2000 Revised Edition The Internet Corporation for Assigned Names and Numbers (ICANN), which recognises the ultimate authority of sovereign Governments over ccTLDs corresponding to their territories.
32.
Sector : Nature Reserve Services (includes national parks, nature reserves and parklands) 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) Senior Management and Board of Directors (Article 10.7) Description : Trade in Services and Investment: National Parks Board or its successor body is the only agency authorised to control, administer and manage national parks, nature reserves and parklands as defined under the National Parks Board Act. Source of Measure : National Parks Board Act, Cap. 198A, 2012 Revised Edition Parks and Trees Act, Cap. 216, 2006 Revised Edition
List B. Explanatory Notes
1. List B 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 for sectors, subsectors or activities for which it may maintain existing or adopt new or more restrictive 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 B 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) Type of Reservation 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) Existing Measures identifies, for transparency purposes, existing measures that apply to the sector, subsector, or activities covered by the entry. 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 : - Type of Reservation : National Treatment (Article 8.4) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6) Local Presence (Article 8.11) Description : 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, or other movement of natural persons, including immigration, entry or temporary stay subject to Chapter 9 (Temporary Movement of Natural Persons). Existing Measure : -
2.
Sector : All Subsector : - Industry Classification : - Type of Reservation : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and 10.4) Local Presence (Article 8.11) Description : Trade in Services and Investment: Singapore reserves the right to adopt or maintain any measure in relation to the development or usage of land or the type of activities which may be conducted on land in accordance with its land zoning, land use, urban planning policies, development control, conservation and preservation policies as well as policies relating to environmental protection, nature reserves and national parks. Existing Measure : Planning Act, Cap. 232, 1998 Revised Edition
3.
Sector : All Subsector : - Industry Classification : - Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 health services by government-owned or controlled healthcare institutions, such as hospitals and polyclinics, including investments in these institutions, hospitals and polyclinics. Existing Measure : -
4.
Sector : All Subsector : - Industry Classification : - Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 social services, social security, public training, public law enforcement, ambulance services, correctional services and fire-fighting services. Existing Measure : -
5.
Sector : All Subsector : - Industry Classification : - Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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, including the alienation and divestment of, real estate owned by the State. Existing Measure : State Lands Act, Cap. 314, 1996 Revised Edition
6.
Sector : All Subsector : - Industry Classification : - Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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: (a) the full or partial devolvement to the private sector of services provided in the exercise of governmental authority; (b) the divestment of its equity interests in, or the assets of, an enterprise that is wholly owned by the Singapore Government; and (c) the divestment of its equity interests in, or the assets of, an enterprise that is partially owned by the Singapore Government. Existing Measure : -
7.
Sector : All Subsector : - Industry Classification : - Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 real estate. This includes measures affecting the ownership, sale, purchase, development and management of real estate. This reservation does not apply to real estate consultancy services, real estate agency services, real estate auction services, real estate valuation services, and renting or leasing services involving owned or leased non-residential property. Existing Measure : Residential Property Act, Cap. 274, 2009 Revised Edition State Lands Act, Cap. 314, 1996 Revised Edition Housing and Development Act, Cap. 129, 2004 Revised Edition Jurong Town Corporation Act, Cap. 150, 1998 Revised Edition Executive Condominium Housing Scheme Act, Cap. 99A, 1997 Revised Edition Planning Act, Cap 232, 1998 Revised Edition
8.
Sector : Administration and Operation of National Electronic Systems Subsector : - Industry Classification : - Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 relating to or affecting the collection and administration of proprietary information by national electronic systems. Existing Measure : -
9.
Sector : Arms and Explosives Subsector : - Industry Classification : - Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 arms and explosives sector. Existing Measure : Arms and Explosives Act, Cap. 13, 2003 Revised Edition
10.
Sector : Broadcasting Services Broadcasting is defined as the transmission of signs or signals via any technology for the reception or display of aural or visual programme signals by all or part of the public. Subsector : - Industry Classification : - Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 broadcasting services receivable by Singapore’s domestic audience or originating from Singapore and to the allocation of spectrum in relation to broadcasting services. This entry does not apply to the sole activity of transmitting licensed broadcasting services to a final consumer. Commitments in the production, distribution and public display of motion pictures, video recordings and sound recordings shall not include all the broadcasting and audio-visual services and materials that are broadcasting-related. Examples of services that are reserved include: free-to-air broadcasting, cable and pay television, direct broadcasting by satellite and teletext. Existing Measure : -
11.
Sector : Entertainment and Cultural Services Subsector : - Industry Classification : - Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 relating to the creative arts, cultural heritage and other cultural industries, including entertainment services and other cultural services. “Creative arts” includes: the performing arts – including theatre, dance and music – visual arts and craft, literature, film, television, video, radio, creative online, indigenous traditional practice and contemporary cultural expression, and digital interactive media and hybrid arts work which uses new technologies to transcend discrete artform divisions. “Cultural heritage” includes: ethnological, archaeological, historical, literary, artistic, scientific or technological moveable or built heritage, including the collections which are documented, preserved and exhibited by museums, galleries, libraries, archives and other heritage collecting institutions, as well as intangible cultural heritage. Existing Measure : -
12.
Sector : Business Services Subsector : Patent Agent Services Industry Classification : - Type of Reservation : 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: Singapore reserves the right to adopt or maintain any measure affecting the recognition of educational and professional qualifications for purposes such as admission, registration and qualification for patent agents. Existing Measure : Patents Act, Cap. 221, 2005 Revised Edition
13.
Sector : Business Services Subsector : Armed Escort Services and Armoured Car Services Armed Guard Services Industry Classification : CPC 87305 Guard Services Type of Reservation : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) 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 provision of armed escort, armoured car and armed guard services. Existing Measure : Police Force Act, Cap. 235, 2006 Revised Edition, Part IX
14.
Sector : Business Services Subsector : Betting and Gambling Services Industry Classification : - Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 betting and gambling services. Existing Measure : Betting Act, Cap. 21, 2011 Revised Edition Common Gaming Houses Act, Cap. 49, 1985 Revised Edition Private Lotteries Act, Cap. 250, 2012 Revised Edition Remote Gambling Act, Act 34 of 2014 Casino Control Act, Cap. 33A, 2007 Revised Edition
15.
Sector : Business Services - Professional Services (Legal Services) Subsector : - Industry Classification : - Type of Reservation : 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 legal services in Singapore. Existing Measure : -
16.
Sector : Community, Personal and Social Services Subsector : Services furnished by co-operative societies Services furnished by trade unions Industry Classification : - Type of Reservation : 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 services provided by co-operative societies and trade unions. Existing Measure : Co-operative Societies Act, Cap. 62, 2009 Revised Edition Trade Unions Act, Cap. 333, 2004 Revised Edition
17.
Sector : All Subsector : - Industry Classification : - Type of Reservation : 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) 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 in relation to the retention of a controlling interest by the Singapore Government in Singapore Technologies Engineering (the Company) or its successor body, including controls over the appointment and termination of members of the Board of Directors, divestment of equity and dissolution of the Company for the purpose of safeguarding the security interest of Singapore. Existing Measure : -
18.
Sector : Distribution, Publishing and Printing of Newspapers Subsector : - Industry Classification : - Type of Reservation : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) 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 publishing or printing of newspapers, including shareholding limits and management control. The distribution of any newspaper, whether published outside of Singapore or in Singapore, shall be subject to the laws of Singapore. “Newspapers” means any publication containing news, intelligence, reports of occurrences, or any remarks, observations or comments, in relation to such news, intelligence, reports of occurrences, or to any matter of public interest, printed in any language and published for sale or free distribution at regular intervals or otherwise, but does not include any publication published by or for the Singapore Government. Existing Measure : Newspaper and Printing Presses Act, Cap. 206, 2002 Revised Edition
19.
Sector : Trade Services Subsector : Distribution Services Commission Agents’ Services Wholesale Trade Services Retailing Services Franchising Industry Classification : - Type of Reservation : 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: Singapore reserves the right to adopt or maintain any measure affecting the supply of any products subject to import prohibition or non-automatic import licensing. Singapore reserves the right to modify or increase the list of products stipulated in the laws, regulations and other measures governing Singapore’s import prohibition or non-automatic import licensing regime. Existing Measure : -
20.
Sector : Educational Services Subsector : Primary Education Services Secondary Education Services Industry Classification : CPC 921 Primary Education Services CPC 92210 General Secondary Education Services CPC 92220 Higher Secondary Education Services (only applies to junior colleges and pre-university centres under the Singapore educational system) Type of Reservation : 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 primary, general secondary and higher secondary (only applies to junior colleges and pre-university centres under the Singapore educational system) education services for Singapore citizens, including Sports Education Services. Existing Measure : Education Act, Cap. 87, 1985 Revised Edition Administrative Guidelines Private Education Act, Cap. 247A, 2011 Revised Edition
21.
Sector : Health and Social Services Subsector : Medical Services Pharmacy Services Deliveries and related services, nursing services, para-medical services and allied health services3 Optometrists and Opticians Industry Classification : - Type of Reservation : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Description : Trade in Services and Investment: Singapore reserves the right to adopt or maintain any limit on the number of service suppliers providing, including 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. Singapore reserves the right to adopt or maintain any measure with respect to the regulation of service suppliers providing, including 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. Existing Measure : Allied Health Professions Act, Cap. 6B, 2013 Revised Edition Medical Registration Act, Cap. 174, 2014 Revised Edition Pharmacists Registration Act, Cap. 230, 2008 Revised Edition Medicine Acts, Cap. 176, 1985 Revised Edition Health Products (Licensing of Retail Pharmacies) Regulations 2016 Nurses and Midwives Act, Cap. 209, 2012 Revised Edition Optometrists and Opticians Act, Cap. 213A, 2008 Revised Edition 3 Includes physiotherapy services.
22.
Sector : Recreational, Cultural and Sporting Services Subsector : Archive services for government records Industry Classification : CPC 96312 Archive services Type of Reservation : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and 10.4) Local Presence (Article 8.11) Description : Trade in Services and Investment: Singapore reserves the right to adopt or maintain any measure affecting the supply of archive services for government records specified under the National Heritage Board or its successor body. Existing Measure : -
23.
Sector : Recreational, Cultural and Sporting Services Subsector : Museum services Preservation of historical sites, monuments and buildings Industry Classification : - Type of Reservation : 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) Description : Trade in Services and Investment: Singapore reserves the right to adopt or maintain any measure affecting the supply of museum services and the preservation services of historical sites, monuments and buildings. Existing Measure : -
24.
Sector : Foreign Employee Dormitory Services Subsector : - Industry Classification : - Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 dormitory services for foreign employees. Existing Measure : -
25.
Sector : Sewage Services Subsector : Waste Water Management, including collection, disposal and treatment of solid waste and waste water. Industry Classification : CPC 9401 Sewage Services Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 waste water management, including the collection, treatment and disposal of waste water. Existing Measure : Code of Practice on Sewerage and Sanitary Works Sewerage and Drainage Act, Cap. 294, 2001 Revised Edition
26.
Sector : Sewage and Refuse Disposal, Sanitation and other Environmental Protection Services Subsector : Other Environmental Protection Services Industry Classification : CPC 9409 – Other environmental protection services not elsewhere classified Type of Reservation : National Treatment (Article 8.4 and Article 10.3) Market Access (Article 8.5) Most-Favoured-Nation Treatment (Article 8.6 and 10.4) Local Presence (Article 8.11) Prohibition of Performance Requirements (Article 10.6) 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 any other environmental protection services not elsewhere classified. Existing Measure : -
27.
Sector : Postal Services Subsector : - Industry Classification : - Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 postal services. Existing Measure : -
28.
Sector : Telecommunications Services4 Subsector : Telecommunications Services Industry Classification : - Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 Telecommunications Services, except for the following sectors and subsectors which are subject to the limitations, conditions and qualifications listed herein: (a) Basic Telecommunication Services5, including resale (facilities-based and services-based): (i) Public Switched Services6 (local and international); (ii) Leased Circuit Services (local and international); (b) Mobile Services7 including resale (facilities-based and services-based): (i) Public Mobile Data Service (PMDS); (ii) Public Trunked Radio Service (PTRS); (iii) Public Radio Paging Service (PRPS); (iv) Public Cellular Mobile Telephone Service (PCMTS); and (c) The following value-added Network (VAN) services: (i) electronic-mail; (ii) voice-mail; (iii) on-line information and data-base retrieval; (iv) electronic data interchange; and (v) on-line information and/or data processing. Existing Measure : -
29.
Sector : Trade Services Subsector : Supply of potable water for human consumption Industry Classification : CPC 18000 Natural Water The sectors listed above apply only insofar as they relate to the supply of potable water. Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 potable water. For greater certainty, this reservation does not affect the supply of bottled water. Existing Measure : Public Utilities Act, Cap. 261, 2002 Revised Edition
30.
Sector : Transport Services Subsector : Transportation services via pipeline Industry Classification : - Type of Reservation : 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 provide transportation services via pipeline of goods such as chemical and petroleum products and petroleum, and other related products. Singapore reserves the right and flexibility to modify or increase the list of the chemical and petroleum products, and other related products that are subject to this reservation. Existing Measure : -
31.
Sector : Transport Services Subsector : Air transport services Industry Classification : - Type of Reservation : 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 cross-border supply of: (a) aircraft repair and maintenance services; (b) the selling and marketing of air transport services; (c) computer reservation system services; (d) specialty air services; (e) ground handling services; and (f) airport operation services. Singapore reserves the right to adopt or maintain any measure affecting investments in air transport and air transport-related services. Existing Measure : Civil Aviation Authority of Singapore Act, Cap. 41, 2014 Revised Edition
32.
Sector : Transport Services Subsector : Air transport services Industry Classification : - Type of Reservation : 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) 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 the following: (a) surveying; (b) mapping; and (c) photography. Existing Measure : -
33.
Sector : Transport Services Subsector : Air Transport Services - Passengers Transportation by Air Freight Transportation by Air Industry Classification : CPC 731 Passenger Transportation by Air CPC 732 Freight Transportation by Air Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 relating to requirements of Singapore’s bilateral and multilateral air services agreements. Service suppliers providing air transport services (for both passenger and freight) as a Singapore designated airline may have to be effectively controlled or substantially owned by the Singapore Government or citizens of Singapore or both. Existing Measure : Air Navigation (Licensing of Air Services) Regulations
34.
Sector : All Subsector : - Industry Classification : - Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 in relation to the divestment of the administrator and operator of airports. Existing Measure : -
35.
Sector : Transport Services Subsector : Land Transport Services – Public transport services, including passenger transportation services by railway, urban and suburban regular transportation services, taxi services, bus and rail station services and ticketing services related to public transport services. Public transport services are services which are used by and accessible to members of the public for the purposes of transporting themselves within Singapore. Industry Classification : - Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 public transport services. Public transport services are services which are used by and accessible to members of the public for the purposes of transporting themselves within Singapore. Existing Measure : Rapid Transit Systems Act, Cap. 263A, 2004 Revised Edition Land Transport Authority of Singapore Act, Cap. 158A, 1996 Revised Edition Public Transport Council Act, Cap. 259B, 2012 Revised Edition Road Traffic Act, Cap. 276, 2004 Revised Edition Third-Party Taxi Booking Service Providers Act 2015, Act 17 of 2015
36.
Sector : Transport Services Subsector : Land Transport Services – Rail and road freight transportation. Supporting services for rail and road transport services. Industry Classification : - Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 land transport services as set out above. Existing Measure : -
37.
Sector : Transport Services Subsector : Services Auxiliary to All Modes of Transport Industry Classification : CPC 742 Storage and warehousing services CPC 742** Container station and depot services CPC 748 Freight transport agency services CPC 7123** Inland trucking services Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 that accords equivalent treatment to storage and warehousing, freight forwarding, inland trucking, container station and depot services of another Party. Existing Measure : -
38.
Sector : Transport Services Subsector : Maritime Transport Services – Towing and tug assistance; provisioning, fuelling and watering; garbage collection and ballast waste disposal; port captain’s services; navigation aids; emergency repair facilities; anchorage; and other shore-based operational services essential to ship operations, including communications, water and electrical supplies. Industry Classification : CPC 74510 Port and Waterway Operation Services CPC 74520 Pilotage and Berthing Services CPC 74530 Navigation Aid Services CPC 74590 Other Supporting Services for Water Transport Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 towing and tug assistance; provisioning, fuelling and watering; garbage collection and ballast waste disposal; port captain’s services; navigation aids; emergency repair facilities; anchorage; and other shore-based operational services essential to ship operations, including communications, water and electrical supplies. For greater certainty, no measures shall be applied which deny international maritime transport operators reasonable and non-discriminatory access to the above port services. Existing Measure : Maritime and Port Authority of Singapore Act, Cap. 170A, 1997 Revised Edition, Section 41
39.
Sector : Transport Services Subsector : Internal Waterways Transport Services Industry Classification : CPC 722 Transport Services by Non-seagoing Vessels Type of Reservation : 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 internal waterways transportation services. Existing Measure : -
40.
Sector : Trade Services Subsector : Wholesale trade services and retail trade services of alcoholic beverages and tobacco Industry Classification : - Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 wholesale and retail trade services of tobacco products and alcoholic beverages. Existing Measure : -
41.
Sector : Energy Subsector : - Industry Classification : - Type of Reservation : 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) Prohibition of Performance Requirements (Article 10.6) 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 or relating to nuclear energy, including energy products (e.g. electricity, heat and steam) produced by nuclear energy. Existing Measure : -
42.
Sector : All Subsector : - Industry Classification : - Type of Reservation : Most-Favoured-Nation Treatment (Article 8.6 and Article 10.4) Description : Trade in Services and Investment: Singapore 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 prior to the date of entry into force of this Agreement.* Singapore reserves the right to adopt or maintain any measure that accords differential treatment to Member States of ASEAN under any international agreement in force or signed after the date of entry into force of this Agreement. Singapore reserves the right to adopt or maintain any measure that accords differential treatment to countries under any international agreement in force or signed after the date of entry into force of this Agreement involving: (a) aviation matters, including air services; (b) maritime and services auxiliary to maritime matters; and port matters; (c) land transport matters; (d) postal and courier services matters; (e) telecommunications and information technology matters; (f) electronic commerce matters; and (g) environmental matters. * For greater certainty, the wording in this paragraph extends to any differential treatment accorded to a country pursuant to a subsequent review or amendment of the relevant bilateral or multilateral agreement mentioned in this paragraph. Existing Measure : -
43.
Sector : Financial Services Subsector : - Industry Classification : - Type of Reservation : 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) 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 financial services with respect to Most-Favoured-Nation Treatment, Prohibition of Performance Requirements, and Senior Management and Board of Directors. Singapore reserves the right to adopt or maintain any measure with respect to National Treatment and Market Access, except as specified in the Appendix to this List (Commitments for Financial Services – Singapore) and subject to the limitations, conditions and qualifications specified therein. Existing Measure : -
44.
Sector : All Subsector : - Industry Classification : - Type of Reservation : Market Access (Article 8.5) Local Presence (Article 8.11) Description : 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. Existing Measure : Monetary Authority of Singapore Act, Cap. 186, 1999 Revised Edition
Appendix to List B. Commitments for Financial Services - Singapore
Explanatory Notes
This Appendix shall be read together with entry 43 in List B of the Schedule of Singapore in Annex III (Schedules of Reservations and Non-Conforming Measures for Services and Investment). This Appendix does not include Singapore’s commitments on the supply of a service by the presence of natural persons, or other movement of natural persons, including immigration, entry or temporary stay.
Modes of Supply: 1) Cross-border Supply 2) Consumption abroad 3) Commercial presence
| Sector or Subsector | Limitations on Market Access | Limitations on National Treatment | Additional Commitments |
| Financial Services. All the commitments in this Appendix are also subject to entry requirements, domestic laws, guidelines, rules and regulations, terms, and conditions of the Monetary Authority of Singapore (MAS) or any other relevant authority or body in Singapore, as the case may be, which are consistent with Article VI of GATS and paragraph 2 of the Annex on Financial Services of GATS. | |||
| A. Insurance and Insurance-related Services | |||
| a) Life insurance services including annuity, disability income, accident and health insurance services | (1) Unbound (2) None (3) These measures are also limitations on national treatment. None except foreign persons can only acquire equity stakes of up to 49 per cent in aggregate in locally-owned insurance companies provided the acquisition does not result in any foreign person being the largest shareholder; insurance companies must establish as branches or subsidiaries; and for activities relating to the use, including via investment, of monies from any social security, public retirement or statutory savings scheme. | (1) Unbound (2) None (3) None | |
| b) Non-life insurance services including disability income, accident and health insurance and contracts of fidelity bonds, performance bonds or similar contracts of guarantee. | (1) Unbound (2) None except that compulsory insurance of Motor Third Party Liability and Workmen's Compensation may only be purchased from licensed insurance companies in Singapore. (3) Foreign persons can only acquire equity stakes of up to 49 per cent in aggregate in locally-owned insurance companies provided the acquisition does not result in any foreign person being the largest shareholder. Unbound for licensing of new insurance companies and establishment of new representative offices. | (1) Unbound (2) None (3) None | |
| c) Reinsurance and retrocession | (1) None (2) None (3) None except that reinsurance companies must be established as branches or subsidiaries. | (1) None (2) None (3) None | |
| d) Insurance intermediation comprising broking and agency services | (1) Unbound (2) These measures are also limitations on national treatment. Agents are not allowed to act for unlicensed insurers. The placement of domestic risks outside Singapore by brokers is subject to the approval of MAS, with the exception of reinsurance risks and insurance risks relating to maritime liabilities of shipowners insured by protection and indemnity clubs.(3) These measures are also limitations on national treatment. Unbound except for admission of direct insurance brokers (8) and reinsurance brokers as locally incorporated subsidiaries | (1) Unbound (2) None (3) Unbound |
| Sector or Subsector | Limitations on Market Access | Limitations on National Treatment | Additional Commitments |
| d) Services auxiliary to insurance comprising actuarial, loss adjustors, average adjustors and consultancy services. | (1) None (2) None (3) None | (1) None (2) None (3) None | |
| B. Banking and Other Financial Services | |||
| a) Acceptance of deposits, and other repayable funds from the public | (1) Unbound (2) None (3) These measures are also limitations on national treatment. Only institutions licensed or approved as banks, merchant banks and finance companies can accept deposits. Where a foreign financial institution is subject to legislation in its home country which requires that institution to confer lower priority to depositors of its foreign offices vis-à-vis the home country depositors in receivership or winding-up proceedings, the MAS may exercise appropriate differentiated measures against that foreign financial institution in Singapore to safeguard the interest of the Singapore office's depositors. MAS may require foreign banks to incorporate under Singapore law. Establishment and operation of foreign banks, merchant banks and finance companies are also subject to the limitations listed under activities B.a) through B.l) and the following limitations: Commercial banks No new full and wholesale banks. New foreign banks may only establish as offshore bank branches or representative offices. Representative offices cannot conduct business or act as agents. Banks, with MAS' approval, can operate foreign currency savings accounts only for non-residents. A single or related group of foreign shareholders can only hold up to 5 per cent of a local bank's shares. Merchant banks Foreign banks and merchant banks may establish as merchant bank subsidiaries or merchant bank branches. Finance companies No new finance companies. Unbound for foreign acquisition of shares in finance companies and transfer of stake of foreign shareholdings in existing finance companies to foreign persons. All finance companies, local and foreign-owned, can only conduct Singapore dollar business. With MAS' prior approval, eligible finance companies can also deal in foreign currencies, gold or other precious metals, and acquire foreign currency stocks, shares, or debt or convertible securities. | (1) Unbound (2) None (3) Commercial banks: Foreign banks can operate from only one office (excluding back-office operations). They cannot establish off-premise Automated Teller Machines (ATM) and ATM networking and new sub-branches. Unbound for provision of all electronic banking services. Location of banks and relocation of banks and sub-branches require prior approval from MAS. Wholesale banks can only accept foreign currency fixed deposits from and operate current accounts for residents and non-residents. For Singapore dollar deposits, they can only accept fixed deposits of S$250,000 or more per deposit. Offshore banks can accept foreign currency fixed deposits from residents and non-residents. For Singapore dollar deposits, they can only accept fixed deposits of S$250,000 or more per deposit from non-residents. A majority of the directors of a bank incorporated in Singapore must be either Singapore citizens or Singapore permanent residents. (9) Merchant banks Merchant banks can operate from only one office (excluding back-office operations). Location and relocation of merchant banks require MAS' prior approval. Merchant banks can, with MAS' authorisation, raise foreign currency funds from residents and non-residents, operate foreign currency savings accounts for non-residents and raise Singapore dollar funds from their shareholders and companies controlled by their shareholders, banks, other merchant banks and finance companies. Finance companies Location of finance companies and relocation of sub-branches require MAS' prior approval. Foreign-owned finance companies cannot establish off-premise ATMs, ATM networking and new sub-branches. |
| Sector or Subsector | Limitations on Market Access | Limitations on National Treatment | Additional Commitments |
| b) Lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transactions. | (1) Unbound. Measures taken are also limitations on national treatment. (2) None (3) These measures are also limitations on national treatment. (i) Other than in-house credit cards, credit and charge cards may be issued by card issuers approved by MAS subject to MAS' guidelines. (ii) Financial institutions extending Singapore dollar (S$) credit facilities exceeding S$5 million per entity to non-resident financial entities or arranging S$ equity or bond issues for non-residents, shall ensure that where the S$ proceeds are to be used outside Singapore, they are swapped or converted into foreign currency upon draw-down or before remittance abroad. Financial entities shall not extend S$ credit facilities to non-resident financial entities if there is reason to believe that the S$ proceeds may be used for S$ currency speculation. (iii) Establishment of credit companies which do not conduct activities requiring MAS' approval is allowed. | (1) None (2) None (3) Each offshore bank's lending in Singapore dollars to residents shall not exceed S$500 million in aggregate. Offshore banks should not use their related merchant banks to circumvent the S$500 million lending limit. Unbound for establishment of off-premise cash dispensing machines for credit and charge cards issuers. | |
| c) Financial leasing | (1) None (2) None (3) None except as indicated for activity B.b) above | (1) None (2) None (3) None except as indicated for activity B.b) above | |
| d) Payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers' drafts | (1) Unbound (2) None (3) These measures are also limitations on national treatment. Remittance shops, except where the remittance business is conducted by banks and merchant banks, are required to be majority owned by Singapore citizens. Bankers' drafts can only be issued by banks. Multi-purpose stored value cards can only be issued by a bank in Singapore licensed by MAS. The limitations indicated in B.b) (3) above also apply to the activities listed in B.d). | (1) Unbound (2) None (3) None | |
| e) Guarantees and commitments. | (1) None except for the limitations as indicated in activity A.b) for insurance companies providing contracts of fidelity bonds, performance bonds or similar contracts of guarantee. (2) None (3) None except for the limitations indicated in activity A.b) for insurance companies providing contracts of fidelity bonds, performance bonds or similar contracts of guarantee, and B.b) (3)(ii) above. | (1) None (2) None (3) None | |
| f) Trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following: - money market instruments (including cheques, bills, certificates of deposit) - foreign exchange - derivative products, including financial futures and options - exchange rate and interest rate instruments, including swaps and forward rate agreements - transferable securities - other negotiable instruments and financial assets, including bullion | (1) Unbound except for trading in products listed in B.f) for own account. Trading in money market instruments, foreign exchange, as well as exchange rate and interest rate instruments can be conducted with financial institutions only. Measures taken are also limitations on national treatment. (2) None (3) These measures are also limitations on national treatment. Banks and merchant banks are required to set up separate subsidiaries to trade financial futures for customers. Financial futures brokers can establish as branches or subsidiaries. The offer of derivative products by both local and foreign-owned financial institutions is allowed provided: - the product has been offered by the financial institution in other internationally-reputable financial centres and the supervisory authorities of those centres agree to the offer of such products in their markets; the financial institution's parent supervisor and its head office must be aware and have no objection to the offer of such products in the Singapore branch or subsidiary; and - MAS is satisfied that the financial institution has and continues to have the financial strength and adequate internal controls and risk management systems to trade in these products. The offer of derivative products involving the Singapore dollar is subject to the requirement indicated in B.b)(3)(ii). Moneychangers, except where the money changing business is conducted by banks and merchant banks, are required to be majority owned by Singapore citizens. | (1) None (2) None (3) None except as indicated for activity B.b) above. | |
| g) Participation in issues of all kinds of securities, including underwriting and placement as agent and provision of service related to such issues | (1) Unbound except for participation in issues of securities for own account, and underwriting and placement of securities through stockbroking companies, banks or merchant banks in Singapore. Measures taken are also limitations on national treatment. (2) None (3) Measures taken are also limitations on national treatment. Singapore Exchange Securities Trading Ltd (SGX-ST) will admit new trading members. New members will be able to trade directly in Singapore dollar (S$) denominated securities of Singapore incorporated companies with resident investors for a minimum value of S$200,000. Representative offices cannot conduct business or act as agents. Unbound for foreign acquisition of new and existing equity interests in SGX-ST member companies. Banks' and merchant banks' membership on SGX-ST and Singapore Exchange Derivatives Trading Ltd (SGX-DT) must be held through subsidiaries. Unbound for new Primary and Registered dealers of Singapore Government Securities. | (1) None (2) None (3) None except as indicated for activity B.b) above | |
| h) Money broking | (1) Unbound (2) None (3) Unbound for new money brokers. Measures taken are also limitations on national treatment. | (1) Unbound (2) None (3) None | |
| i) Asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services | (1) Unbound (2) None (3) These measures are also limitations on national treatment. None, except asset management companies, custodial depositories, and trust services companies can establish as branches, subsidiaries or joint ventures; only the Central Depositary Pte Ltd is authorised to provide securities custodial depository services under the scripless trading system. Unbound for activities relating to the use, including via investment, of monies from any social security, public retirement, or statutory saving scheme. | (1) Unbound (2) None (3) None | |
| j) Settlement and clearing services for financial assets, including securities, derivative products and other negotiable instruments | (1) Unbound, except for the provision of settlement and clearing services for financial assets which are listed on overseas exchanges only. (2) None (3) These measures are also limitations on national treatment. Settlement and clearing services for exchange traded securities and financial futures can only be provided by Central Depository (Pte) Limited and SGX-DT respectively. Only one clearing house established under the Banking Act may provide clearing services for Singapore dollar cheques and interbank fund transfer. | (1) Unbound (2) None (3) Unbound | |
| k) Advisory and other auxiliary financial services, including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy | (1) Commercial presence is required for provision of investment and portfolio research and advice to the public. (2) None (3) Financial advisers can establish as branches, subsidiaries or representative offices. Representative offices cannot conduct business or act as agents. | (1) None (2) None (3) None | |
| l) Provision and transfer of financial information, and financial data processing and related software by providers of other financial services | (1) Unbound except for the provision of financial information by providers such as Reuters and Bloomberg. Measures taken are also limitations on national treatment. The Singapore branches of foreign banks can transmit data to their head offices and sister branches for processing provided proper controls exist, the integrity and confidentiality of the data and information are safeguarded, and MAS is allowed on-site access to the data and information at the place where the data and information is processed. (2) Only the provision of financial information by providers such as Reuters and Bloomberg is allowed. Measures taken are also limitations on national treatment. (3) The provision of financial information by providers, such as Reuters and Bloomberg, is allowed. The provision of financial data processing services to banks and merchant banks is subject to domestic laws on protection of confidentiality of information of customers of banks and merchant banks. | (1) None for the provision of financial information by providers such as Reuters and Bloomberg. (2) None (3) None |
Thailand
List A. Explanatory Notes
1. This Schedule is made pursuant to Chapter 10 (Investment) only. Any commitment of Thailand made pursuant to Chapter 8 (Trade in Services) and Chapter 9 (Temporary Movement of Natural Persons) is found in Thailand's Schedules in Annex II (Schedules of Specific Commitments for Services) and Annex IV (Schedules of Specific Commitments on Temporary Movement of Natural Persons) respectively.
2. This List sets out, pursuant to Article 10.8 (Reservations and Non-Conforming Measures), Thailand’s 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); or
(d) Article 10.7 (Senior Management and Board of Directors)
3. This List and List B pursuant to Article 10.8 (Reservations and Non-Conforming Measures) follow the negative list with two-list approach as follows:
(a) this List sets out commitments in relation to existing non-conforming measures. Paragraph 1 of Article 10.8 (Reservations and Non-Conforming Measures) applies to this List only; and
(b) List B sets out policy flexibility in relation to measures in sectors, subsectors, and activities.
4. Thailand may add, withdraw or modify any of its reservations as set out in this List for a period of 24 months from the date of entry into force of this Schedule, provided that relevant non-conforming measure is in existence as of the date of entry into force of this Agreement. Any such addition, withdrawal or modification will be submitted to the Depositary who will notify the other Parties, including the relevant laws and regulations. Such reservation shall be deemed to form part of this Schedule upon such notification.
5. Each entry shall set out the following elements, where applicable:
(a) Sector refers to sector or sectors for which an entry is made;
(b) Subsector refers to specific industries, products, and activities for which an entry is made;
(c) Industry Classification refers to the activities covered by the entry according to the International Standard Industrial Classification (ISIC) Revision
3. As necessary and appropriate, Thailand may specify the exact coverage of the entry if the entry does not exactly conform to the classification system;
(d) Level of Government specifies the level of government (e.g., Central or Regional) maintaining the measure for which an entry is made;
(e) Type of Obligation refers to the obligation of Article 10.3 (National Treatment), Article 10.4 (Most-Favoured-Nation Treatment), Article 10.6 (Prohibition of Performance Requirements) or Article 10.7 (Senior Management and Board of Directors), as the case may be, which does not apply to the listed measure;
(f) Description of Measure describes measures that do not conform to Article 10.3 (National Treatment), Article 10.4 (Most-Favoured-Nation Treatment), Article 10.6 (Prohibition of Performance Requirements), and Article 10.7 (Senior Management and Board of Directors) for which an entry is made; and
(g) Source of Measure is identified for transparency purposes only, for existing measures that apply to the sector, subsector, or activity covered by the entry.
6. In the interpretation of any entry, all elements of the entry shall be considered. The Description of Measure element shall prevail over all other elements.
7. These Explanatory Notes form an integral part of this List.