India - Singapore CECA (2005)
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1. Where an anti-dumping investigation in respect of goods from the other Party is terminated with negative final determination, no investigation shall be initiated on the same goods by the importing Party within one year from the date of termination of the previous investigation.

2. Notwithstanding paragraph 1, the investigating authority of the importing Party may initiate an investigation in an exceptional circumstance.

ARTICLE 2.7.6: LESSER DUTY RULE

If a Party takes a decision to impose an anti-dumping duty in respect of goods from the other Party pursuant to Article 9.1 of the Anti-Dumping Agreement, it shall apply a duty less than the margin of dumping where such lesser duty would be adequate to remove the injury to the domestic industry.

ARTICLE 2.7.7: PROHIBITION OF ZEROING

When dumping margins are established, assessed, or reviewed by a Party in any anti-dumping proceeding provided in the Anti-Dumping Agreement, all individual margins, whether positive or negative, shall be counted toward the average regardless of the comparison bases provided for under Article 2.4.2 of the Anti-Dumping Agreement."

4.

Article 3.4 (Not Wholly Obtained or Produced) of the Agreement shall be replaced with the following:

"ARTICLE 3.4: NOT WHOLLY OBTAINED OR PRODUCED

1. Within the meaning of paragraph (b) of Article 3.2 and subject to the provisions of Articles 3.6, 3.9 and that the final process of manufacturing is performed within the territory of the exporting Party, products would be considered as originating if:

(a) (i) the total value of the materials, parts or produce originating from countries other than the Parties or of undetermined. origin used in the manufacture of the product does not exceed. 65% of the FOB value of the product so produced or obtained; and,

(ii) the product so produced or obtained is classified in a heading, at the six digit level, of the Harmonised System different from those in which all the non-originating materials used in its manufacture are classified; or

(b) the product satisfies the Product Specific Rules as specified in Annex 3A."

5.

Chapter 3 (Rules of Origin), Section B (Origin Determination), of the Agreement shall be amended by adding, after Article 3.4 (Not Wholly Obtained or Produced), the following:

"ARTICLE: 3.4A: DE MINIMIS

1. A good that does not undergo a change in tariff classification pursuant to Article 3.4 and Annex 3A in the final process of production shall be considered as originating if:

(a) for all goods except those falling within Chapters 50 through 63 of the Harmonised System:

i. the value of all non-originating materials used in its production, which do not undergo the required change in tariff classification, does not exceed ten percent of the FOB value of the good; and

ii. the good meets all other applicable criteria set forth in this Chapter for qualifying as an originating good; and

(b) for goods falling within Chapters 50 through 63 of the Harmonised System:

i. the total weight of non-originating basic textile materials used in its production, which do not undergo the required change in tariff classification, does not exceed seven percent of the total weight of all the basic textile material used; and

ii. the good meets all other applicable criteria set forth in this Chapter for qualifying as an originating good.

2. The value of such non-originating materials shall be included in the value of non-originating materials for any applicable regional value content requirement for the good."

6.

Article 3.15 (Certificate of Origin) of the Agreement shall be replaced with the following:

"ARTICLE 3.15: CERTIFICATE OF ORIGIN

Products eligible for preferential concessions shall be supported by a Certificate of Origin issued by a government authority designated by the government of the exporting Party (referred to herein as "the Issuing Authority") and notified to the other Party in accordance with the Operational Certification Procedures, as set out in Annex 3B."

7.

Article 3.16 (Co-operation on Verification of Certificate of Origins) of the Agreement shall be replaced by the following:

"ARTICLE 3.16: CO-OPERATION ON VERIFICATION OF CERTIFICATES OF ORIGIN

1. The Parties shall co-operate with each other to verify the authenticity and the correctness of the information given in the certificates of origin.

2. For the purpose of implementing the provisions of paragraph 1, the Customs Authority of the importing Party shall return the certificate of origin, or a copy of the document, to the Issuing Authority of the exporting Party, giving the reason for the enquiry. Any document and/or information obtained suggesting that the information given on the certificate of origin is incorrect shall be forwarded in support of the request for verification.

3. The verification shall be carried out by the Issuing Authority of the exporting Party."

8.

Annex 3A, as attached to this Protocol, shall replace Annex 3A in the Agreement.

9.

Annex 3B, as attached to this Protocol, shall replace Annex 3B in the Agreement.

10.

1. This Protocol shall enter into force on 14th September 2018.

2. Unless the Parties decide otherwise, this Protocol shall remain in force for so long as the Agreement remains in force.

IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective governments, have signed this Protocol.

DONE at New Delhi, India on 24th August 2018 in duplicate.

FOR THE GOVERNMENT OF THE REPUBLIC OF INDIA:

(RAJNEESH)

Joint Secretary

Ministry of Commerce and Industry

FOR THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE:

(FRANCIS CHONG)

Senior Director

Ministry of Trade and Industry

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  • Chapter   1 OBJECTIVES AND GENERAL DEFINITIONS 1
  • Article   1.1 GENERAL DEFINITIONS 1
  • Article   1.2 OBJECTIVES 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 DEFINITIONS 1
  • Article   2.2 NATIONAL TREATMENT 1
  • Article   2.3 REDUCTION AND/OR ELIMINATION OF CUSTOMS DUTIES 1
  • Article   2.4 RULES OF ORIGIN 1
  • Article   2.5 NON TARIFF MEASURES 1
  • Article   2.6 CUSTOMS VALUE 1
  • Article   2.7 ANTI-DUMPING 1
  • Article   2.7.1 NOTIFICATION OF PETITION FOR INVESTIGATION AND EXCHANGE OF INFORMATION 1
  • Article   2.7.2 INCOMPLETE INFORMATION 1
  • Article   2.7 USE OF INFORMATION 1
  • Article   2.7 RECOMMENDATIONS OF THE WTO COMMITTEE ON ANTI-DUMPING PRACTICES 1
  • Article   2.8 SUBSIDIES 1
  • Article   2.9 SAFEGUARDS 1
  • Article   2.9.1 IMPOSITION OF a BILATERAL SAFEGUARD MEASURE 1
  • Article   2.9.2 CONDITIONS AND LIMITATIONS ON IMPOSITION OF a BILATERAL SAFEGUARD MEASURE 1
  • Article   2.9 COMPENSATION 1
  • Article   2.9 ADMINISTRATION OF EMERGENCY ACTION PROCEEDINGS 1
  • Article   2.9 GLOBAL SAFEGUARD MEASURES 1
  • Article   2.10 RESTRICTIONS TO SAFEGUARD BALANCE OF PAYMENTS 1
  • Article   2.11 MOST-FAVOURED NATION TREATMENT 1
  • Article   2.12 TARIFF CLASSIFICATION 1
  • Article   2.13 GENERAL AND SECURITY EXCEPTIONS 1
  • Article   2.14 STATE TRADING ENTERPRISES 1
  • Article   2.15 TEMPORARY ADMISSION 1
  • Chapter   3 RULES OF ORIGIN 2
  • Section   A DEFINITIONS 2
  • Article   3.1 DEFINITIONS 2
  • Section   B ORIGIN DETERMINATION 2
  • Article   3.2 ORIGINATING GOODS 2
  • Article   3.3 WHOLLY OBTAINED OR PRODUCED 2
  • Article   3.4 NOT WHOLLY OBTAINED OR PRODUCED 2
  • Article   3.5 INDIRECT MATERIALS 2
  • Article   3.6 INSUFFICIENT OPERATIONS 2
  • Article   3.7 VALUE OF NON-ORIGINATING MATERIALS 2
  • Article   3.8 DETERMINATION OF ORIGIN 2
  • Article   3.9 ACCUMULATION 2
  • Article   3.10 ACCESSORIES, SPARE PARTS AND TOOLS 2
  • Article   3.11 TREATMENT OF PACKING 2
  • Article   3.12 IDENTICAL AND INTERCHANGEABLE MATERIALS 2
  • Article   3.13 ADVANCE RULINGS 2
  • Article   3.14 CONSIGNMENT CRITERIA 2
  • Section   C DOCUMENTATION REQUIREMENTS 2
  • Article   3.15 CERTIFICATE OF ORIGIN 2
  • Section   D VERIFICATION OF ORIGIN 2
  • Article   3.16 CO-OPERATION ON VERIFICATION OF CERTIFICATES OF ORIGIN 2
  • Article   3.17 DENIAL OF PREFERENTIAL TARIFF TREATMENT 2
  • Section   E CONSULTATION AND MODIFICATIONS 2
  • Article   3.18 CONSULTATION AND MODIFICATIONS 2
  • Chapter   4 CUSTOMS 2
  • Article   4.1 SCOPE 2
  • Article   4.2 TRANSPARENCY 2
  • Article   4.3 RISK MANAGEMENT 2
  • Article   4.4 PAPERLESS TRADING 3
  • Article   4.5 DENIAL OF PREFERENTIAL TARIFF TREATMENT 3
  • Article   4.6 VERIFICATION OF CERTIFICATES OF ORIGIN 3
  • Article   4.7 ADVANCE RULINGS 3
  • Article   4.8 SHARING OF BEST PRACTICES 3
  • Article   4.9 CONFIDENTIALITY 3
  • Chapter   5 STANDARDS AND TECHNICAL REGULATIONS, SANITARY AND PHYTOSANITARY MEASURES 3
  • Article   5.1 SCOPE 3
  • Article   5.2 DEFINITIONS 3
  • Article   5.3 GENERAL OBLIGATIONS 3
  • Article   5.4 APPLICATION 3
  • Article   5.5 MUTUAL RECOGNITION OF CONFORMITY ASSESSMENT 3
  • Article   5.6 GOOD MANUFACTURING PRACTICES (GMP) 3
  • Article   5.7 EQUIVALENCE OF MANDATORY REQUIREMENTS 3
  • Article   5.8 JOINT COMMITTEE ON MUTUAL RECOGNITION 3
  • Article   5.9 EXCHANGE OF INFORMATION AND COOPERATION 3
  • Article   5.10 CONFIDENTIALITY 4
  • Article   5 PRESERVATION OF REGULATORY AUTHORITY 4
  • Article   5 FINAL PROVISIONS ON SECTORAL ANNEXES 4
  • Chapter   6 Investment 4
  • Article   6.1 DEFINITIONS 4
  • Article   6.2 SCOPE OF APPLICATION 4
  • Article   6.3 NATIONAL TREATMENT 4
  • Article   6.4 COMPENSATION FOR LOSSES 4
  • Article   6.5 EXPROPRIATION 4
  • Article   6.6 REPATRIATION 4
  • Article   6.7 RESTRICTIONS TO SAFEGUARD THE BALANCE OF PAYMENTS 4
  • Article   6.8 SUBROGATION 4
  • Article   6.9 DENIAL OF BENEFITS 4
  • Article   6.10 MEASURES IN THE PUBLIC INTEREST 4
  • Article   6.11 GENERAL EXCEPTIONS 4
  • Article   6.12 SECURITY EXCEPTIONS 4
  • Article   6.13 DISCLOSURE OF INFORMATION 4
  • Article   6.14 SPECIAL FORMALITIES AND INFORMATION REQUIREMENTS 4
  • Article   6.15 TRANSPARENCY 4
  • Article   6.16 SPECIFIC COMMITMENTS AND EXCEPTIONS 4
  • Article   6 REVIEW OF COMMITMENTS AND EXCEPTIONS 4
  • Article   6.18 ACCESS TO COURTS OF JUSTICE 5
  • Article   6.19 SENIOR MANAGEMENT AND BOARD OF DIRECTORS 5
  • Article   6.20 REQUEST FOR EXEMPTION ON IMPORT DUTIES 5
  • Article   6.21 INVESTMENT DISPUTES 5
  • Article   6.22 OTHER OBLIGATIONS 5
  • Article   6.23 PROHIBITION OF PERFORMANCE REQUIREMENT 5
  • Article   6.24 ENTRY INTO FORCE, DURATION AND TERMINATION 5
  • Chapter   7 TRADE IN SERVICES 5
  • Article   7.1 DEFINITIONS 5
  • Article   7.2 SCOPE AND COVERAGE 5
  • Article   7.3 MARKET ACCESS 5
  • Article   7.4 NATIONAL TREATMENT 5
  • Article   7.5 ADDITIONAL COMMITMENTS 5
  • Article   7.6 REVIEW OF MOST FAVOURED NATION COMMITMENTS 5
  • Article   7.7 SCHEDULE OF SPECIFIC COMMITMENTS 5
  • Article   7.8 MODIFICATION OF SCHEDULES 5
  • Article   7.9 PROGRESSIVE LIBERALISATION 5
  • Article   7.10 DOMESTIC REGULATION 5
  • Article   7.11 RECOGNITION 6
  • Article   7.12 MONOPOLIES AND EXCLUSIVE SERVICE SUPPLIERS 6
  • Article   7.13 BUSINESS PRACTICES 6
  • Article   7.14 SAFEGUARD MEASURES 6
  • Article   7.15 SUBSIDIES 6
  • Article   7.16 PAYMENTS AND TRANSFERS 6
  • Article   7.17 RESTRICTIONS TO SAFEGUARD THE BALANCE OF PAYMENTS 6
  • Article   7.18 TRANSPARENCY 6
  • Article   7.19 DISCLOSURE OF CONFIDENTIAL INFORMATION 6
  • Article   7.20 GOVERNMENT PROCUREMENT 6
  • Article   7.21 GENERAL EXCEPTIONS 6
  • Article   7.22 SECURITY EXCEPTIONS 6
  • Article   7.23 DENIAL OF BENEFITS 6
  • Article   7.24 SERVICES-INVESTMENT LINKAGE 6
  • Chapter   8 AIR SERVICES 6
  • Article   8 6
  • Chapter   9 MOVEMENT OF NATURAL PERSONS 6
  • Article   9.1 GENERAL PRINCIPLES 6
  • Article   9.2 SCOPE AND DEFINITIONS 6
  • Article   9.3 GENERAL PRINCIPLES FOR GRANT OF TEMPORARY ENTRY 7
  • Article   9.4 SHORT-TERM TEMPORARY ENTRY 7
  • Article   9.5 LONG-TERM TEMPORARY ENTRY 7
  • Article   9.6 EMPLOYMENT OF SPOUSES AND DEPENDANTS 7
  • Article   9.7 REGULATORY TRANSPARENCY 7
  • Article   9.8 IMMIGRATION MEASURES 7
  • Article   9.9 EXPEDITIOUS APPLICATIONS PROCEDURES 7
  • Article   9.10 NOTIFICATION OF OUTCOME OF APPLICATION 7
  • Article   9.11 RESOLUTION OF PROBLEMS 7
  • Article   9.12 DISPUTE SETTLEMENT 7
  • Article   9.13 RESERVATIONS 7
  • Chapter   10 E-COMMERCE 7
  • Article   10.1 GENERAL 7
  • Article   10.2 DEFINITIONS 7
  • Article   10.3 ELECTRONIC SUPPLY OF SERVICES 7
  • Article   10.4 DIGITAL PRODUCTS 7
  • Article   10.5 EXCEPTIONS 7
  • Article   10.6 TRANSPARENCY 7
  • Chapter   11 INTELLECTUAL PROPERTY CO-OPERATION 7
  • Article   11.1 CO-OPERATION 7
  • Article   11.2 FORMS OF CO-OPERATION 7
  • Chapter   12 SCIENCE AND TECHNOLOGY 7
  • Article   12.1 CO-OPERATION IN THE FIELD OF SCIENCE AND TECHNOLOGY 7
  • Article   12.2 AREAS AND FORMS OF CO-OPERATIVE ACTIVITIES 7
  • Article   12.3 PROTECTION AND DISTRIBUTION OF INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS OF a PROPRIETARY NATURE 7
  • Article   12.4 COSTS OF CO-OPERATIVE ACTIVITIES 7
  • Article   12.5 IMPLEMENTING ARRANGEMENTS 7
  • Chapter   13 EDUCATION 7
  • Article   13.1 CO-OPERATION 7
  • Article   13.2 AREAS AND FORMS OF CO-OPERATION 7
  • Article   13.3 JOINT COMMITTEE ON EDUCATION 7
  • Chapter   14 MEDIA 7
  • Article   14.1 CO-OPERATION 7
  • Article   14.2 EXCHANGE OF VIEWS BETWEEN REGULATORY AUTHORITIES 7
  • Article   14.3 FRAMEWORK FOR CO-OPERATION 7
  • Chapter   15 DISPUTE SETTLEMENT 7
  • Article   15.1 SCOPE AND COVERAGE 7
  • Article   15.2 DEFINITION 7
  • Article   15.3 CONSULTATIONS 8
  • Article   15.4 GOOD OFFICES, CONCILIATION OR MEDIATION 8
  • Article   15.5 APPOINTMENT OF ARBITRAL TRIBUNALS 8
  • Article   15.6 COMPOSITION OF ARBITRAL TRIBUNALS 8
  • Article   15.7 FUNCTIONS OF ARBITRAL TRIBUNALS 8
  • Article   15.8 PROCEEDINGS OF ARBITRAL TRIBUNALS 8
  • Article   15.9 SUSPENSION AND TERMINATION OF PROCEEDINGS 8
  • Article   15.10 TIME FRAMES 8
  • Article   15.11 IMPLEMENTATION 8
  • Article   15.12 COMPENSATION AND SUSPENSION OF BENEFITS 8
  • Article   15.13 EXPENSES 8
  • Chapter   16 GENERAL AND FINAL PROVISIONS 8
  • Article   16.1 FULFILLMENT OF OBLIGATIONS AND COMMITMENTS 8
  • Article   16.2 CONTACT POINT 8
  • Article   16.3 REVIEW 8
  • Article   16.4 ASSOCIATION WITH THE AGREEMENT 8
  • Article   16.5 RELATION TO OTHER AGREEMENTS 8
  • Article   16.6 ANNEXES 8
  • Article   16.7 AMENDMENTS 8
  • Article   16.8 ENTRY INTO FORCE, DURATION AND TERMINATION 8
  • Annex 6A  INDIA'S SCHEDULE OF SPECIFIC COMMITMENTS 8
  • Annex 6-B  SINGAPORE'S SCHEDULE OF RESERVATIONS 8
  • RESERVATIONS BY SINGAPORE 8
  • Annex 3  Expropriation 9
  • Annex 4  Security Exceptions for Investment 9
  • Annex 5  Non-justiciability of Security Exceptions 9
  • Annex 6  Compulsory Investor-To State Dispute in relation to Pre-Establishment 9
  • PROTOCOL AMENDING THE COMPREHENSIVE ECONOMIC COOPERATION AGREEMENT BETWEEN THE REPUBLIC OF INDIA AND THE REPUBLIC OF SINGAPORE 9
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  • SECOND PROTOCOL AMENDING THE COMPREHENSIVE ECONOMIC COOPERATION AGREEMENT BETWEEN THE REPUBLIC OF INDIA AND THE REPUBLIC OF SINGAPORE 9
  • 1 9
  • 2 9
  • 3 9
  • 4 10
  • 5 10
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  • 7 10
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