Article 15.3. CONSULTATIONS
1. Each Party shall accord adequate opportunity for consultations regarding any representations made by the other Party with respect to any matter affecting the implementation, interpretation or application of this Agreement. Any differences shall, as far as possible, be settled by consultation between the Parties.
2. Any Party which considers that any benefit accruing to it directly or indirectly under this Agreement is being nullified or impaired, or that the attainment of any objective of this Agreement is being impeded, as a result of the failure of the other Party to carry out its obligations under this Agreement, may, with a view to achieving satisfactory settlement of the matter, make representations to the other Party, which shall give consideration to the representations made to it.
3. Any request for consultations shall be submitted in writing and shall give the reasons for the request, including identification of the measures at issue and an indication of the legal basis of the complaint.
4. If a request for consultation is made pursuant to this Article, the Party to which the request is made shall reply to the request within 10 days after the date of its receipt and shall enter into consultations within a period of no more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution.
5. The Parties shall make every effort to reach a mutually satisfactory resolution of any matter through consultations. To this end, the Parties shall:
(a) provide sufficient information as may be reasonably available at the stage of consultations to enable a full examination of how the measure might affect the operation of the Agreement; and
(b) treat as confidential any information exchanged in the consultations which the other Party has designated as confidential.
Article 15.4. GOOD OFFICES, CONCILIATION OR MEDIATION
1. The Parties may at any time agree to good offices, conciliation or mediation. They may begin at any time and be terminated by either Party at any time.
2. If the Parties agree, procedures for good offices, conciliation or mediation may continue while the dispute proceeds for resolution before an arbitral tribunal appointed under Article 15.5.
3. All proceedings under this Article shall be confidential and without prejudice to the rights of either Party in any further proceedings under the provisions of this Chapter.
Article 15.5. APPOINTMENT OF ARBITRAL TRIBUNALS
If the consultations fail to settle a dispute within 60 days after the date of receipt of the request for consultations, the Party which made the request for consultations may make a written request to the other Party to appoint an arbitral tribunal under this Article. The request shall include a statement of the claim and the grounds on which it is based.
Article 15.6. COMPOSITION OF ARBITRAL TRIBUNALS
1. The arbitral tribunal referred to in Article 15.5 shall consist of three members. Each Party shall appoint an arbitrator within 30 days of the receipt of the request under Article 15.5. If a Party fails to appoint an arbitrator within such period, then the Arbitrator appointed by the other Party shall act as the sole arbitrator of the Tribunal.
2. Once the Parties have appointed their respective arbitrators, the Parties shall endeavour to agree on a third arbitrator who shall serve as chair. If the Parties are unable to agree on the chair of the arbitral tribunal within 30 days after the date on which the second arbitrator has been appointed, the chair shall be appointed in the presence of both Parties by a draw of lot from a list comprising four nominees of each Party. If a Party fails to submit its list of four nominees within 10 days of the other Party submitting its list, the chair shall be appointed by a draw of lot from the list already submitted by the other Party.
3. Any person appointed as a member or chair of the arbitral tribunal shall have expertise or experience in law, international trade, other matters covered by this Agreement or the resolution of disputes arising under international trade agreements, and shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independence. Except in the case of a sole arbitrator appointed in accordance with paragraph 1, the chair shall not be a national of either Party and shall not have his or her usual place of residence in the territory of, nor be employed by, either Party, nor have dealt with the case in any capacity.
4. If an arbitrator appointed under this Article resigns or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator.
Article 15.7. FUNCTIONS OF ARBITRAL TRIBUNALS
1. The function of an arbitral tribunal is to make an objective assessment of the dispute before it, including an examination of the facts of the case and the applicability of and conformity with this Agreement. Where the arbitral tribunal concludes that a measure is inconsistent with a provision of this Agreement, it shall recommend that the Party in default bring the measure into conformity with that provision.
2. The award of the arbitral tribunal shall be set out in a report released to the Parties, including the reasons for the award. An arbitral tribunal may make its award upon the default of a Party.
3. An arbitral tribunal shall take its decisions by consensus; provided that where an arbitral tribunal is unable to reach consensus it may take its decisions by majority vote.
4. Apart from the matters set out in Article 15.8, the arbitral tribunal shall regulate its own procedures in relation to the rights of the Parties to be heard and its deliberations, unless the Parties agree otherwise in writing.
Article 15.8. PROCEEDINGS OF ARBITRAL TRIBUNALS
1. An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the arbitral tribunal to appear before it.
2. The venue for the proceedings of the arbitral tribunal shall be decided by mutual agreement between the Parties. If there is no agreement, the venue shall alternate between the capitals of the two countries with the venue of the first sitting to be decided by a draw of lot in the presence of the Parties.
3. The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing statements of its own positions or its submissions to the public; provided that a Party shall treat as confidential information submitted by the other Party to the arbitral tribunal which that Party has designated as confidential. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of the other Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public.
4. Before the first substantive meeting of the arbitral tribunal with the Parties, the Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case and their arguments.
5. At its first substantive meeting with the Parties, the arbitral tribunal shall ask the Party which has brought the complaint to present its submission. Subsequently, and still at the same meeting, the Party against which the complaint has been brought shall be asked to present its submission.
6. Formal rebuttals shall be made at a second substantive meeting of the arbitral tribunal. The Party complained against shall have the right to present its submission first, and shall be followed by the complaining Party. The Parties shall submit, prior to the meeting, written rebuttals to the arbitral tribunal.
7. The arbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing.
8. The Parties shall make available to the arbitral tribunal a written version of their oral statements.
9. In the interests of full transparency, the presentations, rebuttals and statements referred to in paragraphs 4 to 6 shall be made in the presence of the Parties. Moreover, each Party's written submissions, including any comments on the report, written versions of oral statements and responses to questions put by the arbitral tribunal, shall be made available to the other Party. There shall be no ex parte communications with the arbitral tribunal concerning matters under consideration by it.
10. At the request of a Party to the arbitral proceeding or on its own initiative, the arbitral tribunal may seek information and technical advice from any person or body that it deems appropriate, provided that the Parties to the arbitral proceedings so agree and subject to such terms and conditions as such Parties may agree.
11. The report of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and the statements made. The arbitral tribunal shall accord adequate opportunity to the Parties to review the entirety of its draft report prior to its finalisation and shall include a discussion of any comments by the Parties in its final report.
12. The arbitral tribunal shall release to the Parties its final report on the dispute referred to it within 60 days of its formation. When the arbitral tribunal considers that it cannot release its final report within 60 days, it shall inform the Parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its report. The final report of the arbitral tribunal shall become a public document within 10 days after its release to the Parties.
Article 15.9. SUSPENSION AND TERMINATION OF PROCEEDINGS
1. Where the Parties agree, the arbitral tribunal may suspend its work at any time for a period not exceeding 12 months from the date of such agreement. If the work of the arbitral tribunal has been suspended for more than 12 months, the authority for establishment of the tribunal shall lapse unless the Parties agree otherwise.
2. The Parties may agree to terminate the proceedings of an arbitral tribunal established under this Agreement, in the event that a mutually satisfactory solution to the dispute has been found.
3. Before the arbitral tribunal makes its decision, it may at any stage of the proceedings propose to the Parties that the dispute be settled amicably.
Article 15.10. TIME FRAMES
All time frames stipulated in this Chapter may be reduced, waived or extended by mutual agreement of the Parties, or by application by either Party to the arbitral tribunal which is seized of the matter.
Article 15.11. IMPLEMENTATION
1. The Party concerned shall comply with the arbitral tribunal's award within a reasonable period of time. The reasonable period of time shall be mutually determined by the Parties or, where the Parties fail to agree on the reasonable period of time within 45 days of the release of the arbitral tribunal's report, either Party may refer the matter to the tribunal, which shall determine the reasonable period of time following consultation with the Parties.
2. Where there is disagreement as to the existence or consistency with this Agreement of measures taken within the reasonable period of time to comply with the award of the arbitral tribunal, such dispute shall be decided through recourse to the dispute settlement procedures in this Chapter, including wherever possible by resort to the original arbitral tribunal. The arbitral tribunal shall provide its report to the Parties within 60 days after the date of the referral of the matter to it. When the arbitral tribunal considers that it cannot provide its report within this timeframe, it shall inform the Parties in writing of the reasons for the delay together with an estimate of the period within which it will submit its report.
Article 15.12. COMPENSATION AND SUSPENSION OF BENEFITS
1. If the Party concerned fails to bring the measure found to be inconsistent with the Agreement into compliance with the award of the arbitral tribunal under paragraph 2 of Article 15.11 within 20 days of the report of that arbitral tribunal being provided to the Parties, that Party shall, if so requested, enter into negotiations with the complaining Party with a view to reaching a mutually acceptable compensation or solution.
2. If no mutually acceptable compensation or solution has been reached within 20 days after the request of the complaining Party to enter into negotiations on compensatory adjustment, the complaining Party may request the original arbitral tribunal to determine the appropriate level of any suspension of benefits conferred on the other Party under this Agreement. Where the original arbitral tribunal cannot hear the matter for any reason, a new tribunal shall be appointed under Article 15.5.
3. Any suspension of benefits shall be restricted to benefits accruing to the other Party under this Agreement.
4. In considering what benefits to suspend under paragraph 2:
(a) the complaining Party should first seek to suspend benefits in the same sector or sectors as that affected by the measure or other matter that the arbitral tribunal has found to be inconsistent with this Agreement or to have caused nullification or impairment; and
(b) the complaining Party may suspend benefits in other sectors if it considers that it is not practicable or effective to suspend benefits in the same sector.
5. The suspension of benefits shall be temporary and shall only be applied until such time as the measure found to be inconsistent with this Agreement has been removed, or the Party that must implement the arbitral tribunal's award has done so, or a mutually acceptable compensation or solution is reached.
6. With respect to paragraph 5, any dispute between the Parties on whether a particular measure found by the arbitral tribunal to be inconsistent with this Agreement has been removed or brought into conformity with the arbitral tribunal's award shall be referred to the same tribunal for a final decision. The complaining Party shall refer the matter to the arbitral tribunal together with its submissions and the other Party shall respond within 15 days thereafter so that the arbitral tribunal can give its final decision within 15 days of the latter Partyâs response.
Article 15.13. EXPENSES
Each Party shall bear the costs of its appointed arbitrator and its own expenses and legal costs. The costs of the Chair of the arbitral tribunal and other expenses associated with the conduct of its proceedings shall be borne in equal parts by both Parties.
Chapter 16. GENERAL AND FINAL PROVISIONS
Article 16.1. FULFILLMENT OF OBLIGATIONS AND COMMITMENTS
Each Party shall ensure, in its territory, the observance and fulfillment of its obligations and commitments under this Agreement.
Article 16.2. CONTACT POINT
Each Party shall designate a contact point to facilitate communications between the Parties on any matter covered by this Agreement. On the request of a Party, the contact point of the requested Party shall identify the office or official responsible for the matter and assist in facilitating communication with the requesting Party.
Article 16.3. REVIEW
1. In addition to the provisions for consultations elsewhere in this Agreement, Ministers in charge of trade negotiations of the Parties shall meet within a year of the date of entry into force of this Agreement and then biennially or otherwise as appropriate to review this Agreement.
2. In the course of such a review, the Parties may establish any working groups or committees (on an ad hoc basis or otherwise) based on agreed terms of reference for such working groups or committees (where necessary) and also composition thereof in order to:
(a) study and recommend to the Ministers in charge of trade negotiations of the Parties any appropriate measures to resolve any issues arising from the implementation or application of any part of this Agreement; and / or
(b) consider, at either Party's request, fresh concessions or issues not already dealt with by this Agreement.
Article 16.4. ASSOCIATION WITH THE AGREEMENT
This Agreement is open to accession or association, on terms to be agreed between the Parties, by any country or separate customs territory.
Article 16.5. RELATION TO OTHER AGREEMENTS
1. The Parties affirm their existing rights and obligations with respect to each other under existing bilateral and multilateral agreements to which both Parties are parties, including the Marrakesh Agreement establishing the World Trade Organization ("WTO Agreement")
2. In the event of any inconsistency between this Agreement and any other agreement to which both Parties are parties, the Parties shall immediately consult with each other with a view to finding a mutually satisfactory solution.
Article 16.6. ANNEXES
The Annexes to this Agreement shall form an integral part of this Agreement.
Article 16.7. AMENDMENTS
This Agreement may be amended by agreement in writing by the Parties and such amendments shall enter into force on such date or dates as may be agreed between them.
Article 16.8. ENTRY INTO FORCE, DURATION AND TERMINATION
1. This Agreement shall enter into force on 1 August 2005.
2. Either Party may terminate this Agreement by giving the other Party six monthsâ advance notice in writing.
3. Within 30 days of delivery of a notification under paragraph 2, either Party may request consultations regarding whether the termination of any provision of this Agreement should take effect at a later date than provided under paragraph 2. Such consultations shall commence within 30 days of a Party's delivery of such request.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments have signed this Agreement.
Done at New Delhi, India, this twenty-ninth day of June 2005, in two originals in English language, each text being equally authentic.
FOR THE GOVERNMENT OF THE REPUBLIC OF INDIA:
DR. MANMOHAN SINGH
PRIME MINISTER
FOR THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE:
LEE HSIEN LOONG
PRIME MINISTER
Attachments
Annex 6A. INDIA'S SCHEDULE OF SPECIFIC COMMITMENTS
Horizontal Limitation
In all Groups / Classes / Sub-classes, the commitment is for full National Treatment except for :
(1) Sub-sectors at 5-digit level which cover items requiring Industrial Licensing under the Industries (Development & Regulation) Act, 1951, or
(2) Where a joint-venture or technology transfer/trademark agreement existed on 12.1.2005 in the "same" field; or
(3) For transfer of equity in an existing company to the investor of the other party where Security & Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 as amended, is attracted, or
(4) For investments by registered Foreign Institutional Investors, including Portfolio investments.
| Group | Class | Sub-class | Description | FDI Cap in % |
| Division 15: Manufacture of food products and beverages | 151 | Production, processing and preservation of meat, fish, fruit, vegetables, oils and fats. | 100 | |
| 152 | 1520 | Manufacture of dairy product [production of raw milk is classified in class 0121] | 100 | |
| 153 | Manufacture of grain mill products, starches and starch products and prepared animal feeds | 100 | ||
| 154 | 1554 | Manufacture of soft drinks; production of mineral waters | 100 | |
| Division 17: Manufacture of textiles | 171 | Spinning, weaving and finishing of textiles | 100 | |
| 172 | Manufacture of other textiles | 100 | ||
| 173 | 1730 | Manufacture of knitted and crocheted fabrics and articles | 100 | |
| Division 18: Manufacture of wearing apparel; dressing and dyeing of fur | 181 | 1810 | Manufacture of wearing apparel, except fur apparel [this class includes manufacture of wearing apparel made of material not made in the same unit. Both regular and contract activities are included] | 100 |
| 182 | 1820 | Dressing and dyeing of fur; manufacture of articles of fur | 100 | |
| Division 19: Tanning and dressing of leather; Manufacture of luggage, handbags saddlery, harness and footwear | 191 | Tanning and dressing of leather, manufacture of luggage handbags, saddlery and harness | 100 | |
| 192 | 1920 | Manufacture of footwear | 100 | |
| Division 20: Manufacture of wood and of products of wood and cork, except furniture; Manufacture of articles of straw and plaiting materials | 201 | 2010 | Saw milling and planing of wood | 100 |
| 202 | Manufacture of products of wood, cork, straw and plaiting materials | 100 | ||
| Division 21: Manufacture of paper and paper products | 210 | Manufacture of paper and paper products | 100 | |
| Division 22: Publishing, printing and reproduction of recorded media | 222 | Printing and service activities related to printing | 100 | |
| 223 | 2230 22300 | Reproduction of recorded media [This class includes reproduction of records, audio, video and computer tapes from master copies, reproduction of floppy, hard or compact disks, reproduction of non-customised software and film duplicating] | 100 | |
| Division 23: Manufacture of coke, refined petroleum products and nuclear fuel | 231 | 2310 | Manufacture of coke oven products [This class includes the operation of coke ovens chiefly for the production of coke or semi-coke from hard coal and lignite, retort carbon and residual products such as coal tar or pitch. Agglomeration of coke]. | 100 |
| 232 | 2320 | Manufacture of refined petroleum products (I) Private sector companies | 100 | |
| Division 24: Manufacture of chemicals and chemical products | 241 | Manufacture of basic chemicals | 100 | |
| 242 | Manufacture of other chemical products | 100 | ||
| 243 | 2430 | Manufacture of man-made fibers [This class includes manufacture of artificial or synthetic filament and non-filament fibers] | 100 | |
| Division 25: Manufacture of rubber and plastic products | 251 | Manufacture of rubber products | 100 | |
| 252 | 2520 | Manufacture of plastic products | 100 | |
| Division 26: Manufacture of other non-metallic mineral products | 261 | 2610 | Manufacture of glass and glass products | 100 |
| 269 | Manufacture of non-metallic mineral products n.e.c. | 100 | ||
| Division 27: Manufacture of basic metals | 271 | 2710 | Manufacture of Basic Iron and Steel | 100 |
| 272 | 2720 | Manufacture of basic precious and non-ferrous metals | 100 | |
| 273 | Casting of metals [This group includes casting finished or semi-finished products producing a variety of goods, all characteristic of other activity classes] | 100 | ||
| Division 28: Manufacture of fabricated metal products, except machinery and equipments | 281 | Manufacture of structural metal products, tanks, reservoirs and steam generators except 28132 relating to manufacture of nuclear reactors for all purposes. | 100 | |
| 289 | Manufacture of other fabricated metal products; metal working service activities | 100 | ||
| Division 29: Manufacture of machinery and equipment N.E.C. | 291 | Manufacture of general purpose machinery | 100 | |
| 292 | Manufacture of special purpose machinery except 29270 relating to manufacture of weapons and ammunitions | 100 | ||
| 293 | 2930 | Manufacture of domestic appliances n.e.c. | 100 | |
| Division 30: Manufacture of office, accounting and computing machinery | 30 | 3000 | Manufacture of office, accounting and computing machinery | 100 |
| Division 31: Manufacture of Electrical Machinery and apparatus n.e.c. | 311 | 3110 | Manufacture of electric motors, generators and transformers | 100 |
| 312 | 3120 31200 | Manufacture of electricity distribution and control apparatus: [electrical apparatus for switching or protecting electrical circuits (e.g. switches, fuses, voltage limiters, surge suppressors, junction boxes etc.) for a voltage exceeding 1000 volts | 100 | |
| 313 | 3130 31300 | Manufacture of insulated wire and cable: [insulated 100 (including enameled or anodised) wire, cable including coaxial cable) and other insulated conductors; insulated strip as is used in large capacity machines or control equipment; and optical fibre cable | 100 | |
| 314 | 3140 | Manufacture of accumulators, primary cells and primary batteries | 100 | |
| 315 | 3150 | Manufacture of electric lamps and lighting equipment | 100 | |
| 319 | 3190 | Manufacture of other electrical equipment n.e.c. | 100 | |
| Division 32: Manufacture of Radio, Television and Communication equipment and apparatus | 321 | 3210 | Manufacture of electronic valves and tubes and other 100 electronic components | 100 |
| 322 | 3220 | Manufacture of television and radio transmitters and apparatus for line telephony and line telegraphy | 100 | |
| 323 | 3230 | Manufacture of television and radio receivers, sound or video recording or reproducing apparatus and associated goods | 100 | |
| Division 33: Manufacture of Medical, Precision and Optical Instruments, Watches and Clocks | 331 | Manufacture of medical appliances and instruments and appliances for measuring, checking, testing, navigating and other purposes except optical instruments except 33124 relating to manufacture of tadar apparatus and radio remote control apparatus. | 100 | |
| 332 | 3320 | Manufacture of optical instruments and photographic equipment | 100 | |
| 333 | 3330 | Manufacture of watches and clocks | 100 | |
| Division 34: Manufacture of Motor Vehicles, Trailers and Semi-Trailers | 341 | 3410 | Manufacture of motor vehicles | 100 |
| 342 | 3420 | Manufacture of bodies (coach work) for motor vehicles; Manufacture of trailers and semi-trailers | 100 | |
| 343 | 3430 | Manufacture of parts and accessories for motor vehicles and their engines [brakes, gear boxes, axles, toad wheels, suspension shock absorbers, radiators, silencers, exhaust pipes, clutches, steering wheels, steering columns and steering boxes and other parts. | 100 | |
| Division 35; Manufacture of other Transport Equipment | 351 | Building and repair of ships and boats | 100 | |
| 359 | Manufacture of transport equipment n.e.c. | 100 | ||
| Division 36: Manufacture of Furniture, Manufacturing n.e.c. | 361 | 3610 | Manufacture of furniture | 100 |
| 369 | Manufacture n.e.c. | 100 | ||
| Other Activities: Development of township, housing, built-up infrastructure and construction development projects | Investment in the development of townships, housing, built-up infrastructure and construction-development projects (which would include, but not restricted to, housing, commercial premises, hotels, resorts, hospital, educational institutions, recreational facilities, city and regional-level infrastructure) subject to the following conditions: i. Minimum area to be developed under each project: a. In case of development of serviced housing plots, a minimum land area of 10 hectares under each project. b. In case of construction-development projects, a minimum of 50,000 sq. mts. under each project. c. In case of a combination project, any one of the above two conditions would suffice. Minimum capitalization of US$10 million for wholly owned subsidiaries and US$5 million for joint ventures with Indian partners. The funds would have to be brought in within six months of commencement of business of the Company. Original investment cannot be repatriated before a period of three years from completion of minimum capitalisation. However, the investor may be permitted to exit earlier with prior approval of the Government. At least 50% of the project must be developed within a period of five years from the date of obtaining all statutory clearances. The investor would not be permitted to sell undeveloped plots. "Undeveloped plots" will mean where roads, water supply, street lighting, drainage, sewerage, public works and _ other conveniences have not been made available. It will be necessary that the investor provides this infrastructure and obtains "completion certificate" from the concerned local body/ service agency before he would be allowed to dispose of serviced housing plots. | 100 |
Note 1: n.e.c. means not elsewhere classified
This Schedule is based on ISIC Classification 1998. In this classification system there are three levels of classification:
i. Group 3-digit level
ii. Class 4-digit level
iii. Sub-class 5-digit level
2. In case sectors are listed at the 4 digit (Class) level or 5 digit (sub-class) level, this Schedule covers only the lowest level mentioned in that category.
Annex 6-B. SINGAPORE'S SCHEDULE OF RESERVATIONS
Notes
This Annex sets out the reservations taken by Singapore for sectors, sub-sectors or activities for which it may maintain existing or adopt new measures that do not conform with obligations imposed by Article 6.3, Article 6.19 and Article 6.23.
The sectors, sub-sectors or activities to which a reservation applies shall be stated in the Description of Reservation element. In the interpretation of a reservation, all elements of the reservation shall be considered in their totality.
Each reservation sets out the following elements:
(a) Sector refers to the general sector in which the reservation is taken;
(b) Sub-Sector refers to the specific sector in which the reservation is taken;
(c) Industrial Classification refers, where applicable, to the activity covered by the reservation according to the UN CPC code or domestic industry classification codes;
(d) Type of Reservation specifies the obligation (National Treatment, Market Access) Sor which a reservation is taken;
(e) Description of Reservation sets out the scope of the sector, sub-sector or activities to which the reservation applies; and identifies, for transparency purposes only, existing laws, regulations, rules, procedures, decisions, administrative actions or any other forms in relation to the non-conforming measures that apply to the sector, sub-sector or activities covered by the reservation. The measures stipulated therein are not exhaustive
Commitments
All manufacturing sectors are included in these Commitments except the following sectors:
- Beer and stout
- Cigars
- Drawn steel products
- Chewing gum, bubble gum, dental chewing gum or any like substance Cigarettes; and
- Matches
The reservations listed hereunder shall apply to the above Commitment.
RESERVATIONS BY SINGAPORE
Sector: All
Sub-Sector:
Industrial Classification:
Type of Reservation: National Treatment
Source of Measure: Business Registration Act, Cap. 32 Companies Act, Cap. 50
Description of Reservation: Only a person who is a Singapore citizen, Singapore permanent resident or Singapore Employment Pass holder will be allowed to register a business without appointing a local manager.
A local manager must be a Singapore citizen, Singapore permanent resident or Singapore Employment Pass holder.
All locally incorporated companies must comply with the following requirements:
(a) at least 1 director of the company must be resident in Singapore
(b) all branches of foreign companies registered in Singapore must have at least 2 agents resident in Singapore.
To be resident in Singapore, a person should be either a Singapore citizen or Singapore permanent resident or Singapore Employment Pass holder.
Sector: All
Sub-Sector:
Industrial Classification:
Type of Reservation: National Treatment
Source of Measure: Residential Property Act, Cap. 274 (1985) Housing & Development Act, Cap. 129 (1997), Executive Condominium Housing Scheme Act, Cap. 99A (1997) Banking Act, Cap. 19, Finance Companies Act, Cap. 108, MAS Act, Cap. 186
Description of Reservation:
1. Only Singapore citizens and Singapore enterprises are allowed to own restricted residential properties in Singapore.
"Restricted residential properties" is defined under the Residential Property Act as all properties except the following:
(a) land zoned/approved for industrial/commercial use;
(b) any flat which is comprised in a building of 6 levels or more (including the ground level and any level below the ground level); and
(c) any unit which is comprised in a condominium development as approved by the competent authority.
Note: For (b) and (c) only Singapore citizens and Singapore enterprises can purchase/acquire the whole development.
For the purposes of paragraph 1, "Singapore enterprises" are enterprises which are locally incorporated or organised and whose members and directors are composed solely of Singapore citizens.
2. Only Singapore citizens are allowed to own an apartment developed or owned by the Housing and Development Board (HDB). Singapore permanent residents who form part of a family nucleus and bodies corporate approved under the Housing and Development Act may own HDB apartments purchased in the secondary market.
Only Singapore citizens are allowed to own housing accommodation sold under the executive condominium scheme under the Executive Condominium Housing Scheme Act. Singapore permanent residents will be allowed to own Executive Condominiums after the expiry of a minimum occupation period as specified under the Executive Condominium Housing Scheme Act. Restrictions on foreign ownership of Executive Condominiums will be lifted 5 years after the expiry of the minimum occupation period.