Australia - Singapore FTA (2003)
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2. If a Party claims that a dispute arises under this Chapter, Article 5 (Composition of Arbitral Tribunals) of Chapter 16 (Dispute Settlement) shall apply, except that:

(a) if the Parties agree, each arbitrator shall meet the qualifications in paragraph 3; and

(b) in any other case:

(i) each disputing Party shall select arbitrators that meet the qualifications set out in either paragraph 3 or Article 5.5 (Composition of Arbitral Tribunals) of Chapter 16 (Dispute Settlement); and

(ii) if the responding Party indicates an intention to invoke or invokes Article 11 (Exceptions) prior to a Party's request for the establishment of a Chapter 16 arbitral tribunal, the chair of the Chapter 16 arbitral tribunal shall meet the qualifications set out in paragraph 3, unless the disputing Parties otherwise agree.

3. In addition to the requirements set out in Article 5.5 (Composition of Arbitral Tribunals) of Chapter 16 (Dispute Settlement), arbitrators in disputes arising under this Chapter shall have expertise or experience in financial services law or practice, which may include the regulation of financial institutions.

4, Pursuant to Article 22.2(c) (Investment Disputes in Financial Services), a Party may request the establishment of a Chapter 16 arbitral tribunal to consider whether and to what extent Article 11 (Exceptions) is a valid defence to a claim without having to request consultations under Article 2 (Consultations) of Chapter 16 (Dispute Settlement).

5. Ifa Party seeks to suspend benefits in the financial services sector, a Chapter 16 arbitral tribunal that reconvenes to make a determination on the proposed suspension of benefits, in accordance with Article 10 (Compensation and Suspension of Benefits) of Chapter 16 (Dispute Settlement), shall seek the views of financial services experts, as necessary.

Article 22. Investinent Disputes In Financial Services

1. If an investor of a Party submits a claim to arbitration under Section B (Investor-State Dispute Settlement) of Chapter 8 (Investment) challenging a measure relating to regulation or supervision of financial institutions, markets or instruments, the expertise or experience of any particular candidate with respect to financial services law or practice shall be taken into account in the appointment of arbitrators to the Tribunal.

2. If an investor of a Party submits a claim to arbitration under Section B (Investor-State Dispute Settlement) of Chapter 8 (Investment), and the respondent invokes Article 11 (Exceptions) as a defence, the following provisions of this Article shall apply.

(a) The respondent shall, no later than the date the Tribunal fixes for the respondent to submit its counter-memorial, or in the case of an amendment to the notice of arbitration, the date the Tribunal fixes for the respondent to submit its response to the amendment, submit in writing to the authorities responsible for financial services of the Party of the claimant, as set out in Annex 9-C (Authorities Responsible for Financial Services), a request for a joint determination by the authorities of the respondent and the Party of the claimant on the issue of whether and to what extent Article 11 (Exceptions) is a valid defence to the claim. The respondent shall promptly provide the Tribunal, if constituted, a copy of the request. The arbitration may proceed with respect to the claim only as provided in paragraph 4.

(b) The authorities of the respondent and the Party of the claimant shall attempt in good faith to make a determination as described in subparagraph (a). Any such determination shall be transmitted promptly to the disputing parties, the Committee and, if constituted, to the Tribunal. The determination shall be binding on the Tribunal and any decision or award issued by the Tribunal must be consistent with that determination.

(c) If the authorities referred to in subparagraph (a) and subparagraph (b) have not made a determination within 120 days of the date of receipt of the respondent's written request for a determination under subparagraph (a), the respondent or the Party of the claimant may request the establishment of a Chapter 16 arbitral tribunal to consider whether and to what extent Article 11 (Exceptions) is a valid defence to the claim. A Chapter 16 arbitral tribunal established under Article 4 (Appointment of Arbitral Tribunals) of Chapter 16 (Dispute Settlement) shall be constituted in accordance with Article 21 (Dispute Settlement). The Chapter 16 arbitral tribunal shall transmit its final report to the disputing Parties and to the Tribunal.

3. The final report of a Chapter 16 arbitral tribunal referred to in paragraph 2(c) shall be binding on the Tribunal, and any decision or award issued by the Tribunal must be consistent with the final report.

4. If no request for the appointment of a Chapter 16 arbitral tribunal pursuant to paragraph 2(c) has been made within 10 days of the expiration of the 120 day period referred to in paragraph 2(c), the Tribunal may proceed with respect to the claim.

(a) The Tribunal shall draw no inference regarding the application of Article 11 (Exceptions) from the fact that the authorities have not made a determination as described in paragraph 2(a), paragraph 2(b) and paragraph 2(c).

(b) The Party of the claimant may make oral and written submissions to the Tribunal regarding the issue of whether and to what extent Article 11 (Exceptions) is a valid defence to the claim. Unless it makes such a submission, the Party of the claimant shall be presumed, for the purposes of the arbitration, to take a position on Article 11 (Exceptions) that is not inconsistent with that of the respondent.

5. For the purposes of this Article, the definitions of the following terms set out in Article 1 (Definitions) of Chapter 8 (Investment) are incorporated, mutatis mutandis: "claimant", "disputing parties", "disputing party" and "respondent".

ANNEX 9-A. Cross-border trade

Australia

Insurance and insurance-related services

1. Article 6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (c)(i) of the definition of "cross- border supply of financial services" in Article 1 (Definitions), with respect to:

(a) insurance of risks relating to:

(i) maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods, and any liability arising therefrom; and

(ii) goods in international transit; teinsurance and retrocession;

(b) services auxiliary to insurance, such as consultancy, risk assessment, actuarial and claim settlement services; and

(c) insurance intermediation, such as brokerage and agency, as referred to in subparagraph (g)(iii) of the definition of "financial service" in Article 1 (efinitions), of insurance of risks related to services listed in subparagraph (a) and subparagraph (b).

Banking and other financial services (excluding insurance)

2. Article 6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (c)(i) of the definition of "cross- border supply of financial services" in Article 1 (Definitions), with respect to:

(a) provision and transfer of financial information, and financial data processing and related software relating to banking and other financial services, as referred to in subparagraph (g)(xv) of the definition of "financial service" in Article 1 (Definitions); and

(b) advisory and other auxiliary services, excluding intermediation, relating to banking and other financial services, as referred to in subparagraph (g)(xvi) of the definition of "financial service" in Article 1 (Definitions).

Singapore

Insurance and insurance-related services

1. Article 6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (c)(i) of the definition of "cross-border supply of financial services" in Article 1 (Definitions), with respect to:

(a) insurance of "MAT" risks relating to:

(i) maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods, and any liability arising there from; and

(i) goods in international transit;

(b) reinsurance and retrocession;

(c) services auxiliary to insurance comprising actuarial, loss adjustors, average adjustors and consultancy services;

(d) reinsurance intermediation by brokerages; and (e) MAT intermediation by brokerages. Banking and other financial services (excluding insurance)

2. Article 6.1 (Cross-Border Trade) shall apply to the cross-border supply of or trade in financial services, as defined in subparagraph (c)(i) of the definition of "cross-border supply of financial services (2) in Article 1 (Definitions), with respect to:

(a) provision and transfer of financial information, as described in subparagraph (g)(xv) of the definition of "financial service" in Article 1 (Definitions); and

(b) financial data processing and related software, as described in subparagraph (g)(xv) of the definition of "financial service" in Article 1 (Definitions), subject to prior authorisation from the relevant regulator, as required. (12)

(12) For greater certainty, if the financial information or financial data processing referred to in subparagraph (a) and subparagraph (b) pertain to outsourcing arrangements or involves personal data, the outsourcing arrangements and treatment of personal data shall be in accordance with the Monetary Authority of Singapore's regulatory requirements and guidelines on outsourcing and Singapore's law regulating the protection of such data, respectively. These regulatory requirements and guidelines shall not derogate from the commitments undertaken by Singapore in paragraph 2 and Section B (Transfer of Information) of Annex 9-B (Specific Commitments).

ANNEX 9-B. Specific commitments

Section A. Portfolio Management

1. A Party shall allow a financial institution organised in the territory of the other Party to provide the following services to a collective investment scheme located in its territory (13):

(a) investment advice; and

(B) portfolio management services, excluding:

(i) trustee services; and

(ii) custodial services and execution services that are not related to managing a collective investment scheme.

2. Paragraph 1 is subject to Article 6.3 (Cross-Border Trade).

3. For the purposes of paragraph 1, "collective investment scheme" means:

(a) For Australia, a "managed investment scheme" as defined under section 9 of the Corporations Act 2001 (Cth), other than a managed investment scheme operated in contravention of subsection 601ED (5) of the Corporations Act 2001] (Cth), or an entity that:

(I) carries on a business of investment in securities, interests in land, or other investments; and

(i) in the course of carrying on that business, invests funds subscribed, whether directly or indirectly, after an offer or invitation to the public (within the meaning of section 82 of the Corporations Act 2001 (Cth)) made on terms that the funds subscribed would be invested.

(b) For Singapore, a "collective investment scheme" as defined under the Securities and Futures Act (Cap. 289), and includes the manager of the scheme, provided that the financial institution in paragraph 1 is authorised or regulated as a fund manager in the territory of the Party it is organised in and is not a trust company.

(13) For greater certainty, a Party may require a collective investment scheme or a person of a Party involved in the operation of the scheme located in the Party's territory to retain ultimate responsibility for the management of the collective investment scheme.

Section B. Transfer of Information

Each Party shall allow a financial institution of the other Party to transfer information in electronic or other form, into and out of its territory, for data processing if such processing is required in the institution's ordinary course of business. Nothing in this Section restricts the right of a Party to adopt or maintain measures to:

(a) protect personal data, personal privacy and the confidentiality of individual records and accounts; or

(b) require a financial institution to obtain prior authorisation from the relevant regulator to designate a particular enterprise as a recipient of such information, based on prudential considerations, (14)

provided that this right is not used as a means of avoiding the Party's commitments or obligations under this Section.

(14) For greater certainty, this requirement is without prejudice to other means of prudential regulation.

Section C. Supply of Insurance by Postal Insurance Entities

1. This Section sets out additional disciplines that apply if a Party allows its postal insurance entity to underwrite and supply direct insurance services to the general public. The services covered by this paragraph do not include the supply of insurance related to the collection, transport and delivery of letters or packages by a Party's postal insurance entity.

2. Neither Party shall adopt or maintain a measure that creates conditions of competition that are more favourable to a postal insurance entity with respect to the supply of insurance services described in paragraph 1 as compared to a private supplier of like insurance services in its market, including by:

(a) imposing more onerous conditions on a private supplier's licence to supply insurance services than the conditions the Party imposes on a postal insurance entity to supply like services; or

(b) making a distribution channel for the sale of insurance services available to a postal insurance entity under terms and conditions more favourable than those it applies to private suppliers of like services.

3. With respect to the supply of insurance services described in paragraph 1 by a postal insurance entity, a Party shall apply the same regulations and enforcement activities that it applies to the supply of like insurance services by private suppliers.

4. In implementing its obligations under paragraph 3, a Party shall require a postal insurance entity that supplies insurance services described in paragraph 1 to publish an annual financial statement with respect to the supply of those services. The statement shall provide the level of detail and meet the auditing standards required under the generally accepted accounting and auditing principles, or equivalent rules, applied in the Party's territory with respect to publicly traded private enterprises that supply like services.

5. If a Chapter 16 arbitral tribunal finds that a Party is maintaining a measure that is inconsistent with any of the commitments in paragraph 2, paragraph 3 and paragraph 4, the Party shall notify the complaining Party and provide an opportunity for consultations prior to allowing the postal insurance entity to:

(a) issue a new insurance product, or modify an existing product in a manner equivalent to the creation of a new product, in competition with like insurance products supplied by a private supplier in the Party's market; or

(b) increase any limitation on the value of insurance, either in total or with regard to any type of insurance product, that the entity may sell to a single policyholder.

6. This Section shall not apply to a postal insurance entity in the territory of a Party:

(a) that the Party neither owns nor controls, directly or indirectly, as long as the Party does not maintain any advantages that modify the conditions of competition in favour of the postal insurance entity in the supply of insurance services as compared to a private supplier of like insurance services in its market; or

(b) if sales of direct life and non-life insurance underwritten by the postal insurance entity each account for no more than 10 per cent, respectively, of total annual premium income from direct life and non-life insurance in the Party's market as of January 1, 2013.

7. If a postal insurance entity in the territory of a Party exceeds the percentage threshold referred to in paragraph 6(b) after the date of signature of this Agreement by the Party, the Party shall ensure that the postal insurance entity is:

(a) regulated and subject to enforcement by the same authorities that regulate and conduct enforcement activities with respect to the supply of insurance services by private suppliers; and

(b) subject to the financial reporting requirements that apply to financial institutions supplying insurance services.

8. For the purposes of this Section, "postal insurance entity" means an entity that underwrites and sells insurance to the general public and that is owned or controlled, directly or indirectly, by a postal entity of the Party.

Section D. Electronic Payment Card Services

1. A Party shall allow the supply of electronic payment services for payment card transactions (15) into its territory from the territory of the other Party by a person of that other Party. A Party may condition the cross-border supply of such electronic payment services on one or more of these requirements that a services supplier of the other Party:

(a) register with or be authorised (16) by relevant authorities;

(b) be a supplier who supplies such services in the territory of the other Party; or

(c) designate an agent office or maintain a representative or sales office in the Party's territory,

provided that such requirements are not used as a means to avoid a Party's obligation under this Section.

2. For the purposes of this Section, electronic payment services for payment card transactions does not include the transfer of funds to and from transactors' accounts. Furthermore, electronic payment services for payment card transactions include only those payment network services that use proprietary networks to process payment transactions. These services are provided on a business to business basis.

3. Nothing in this Section shall be construed to prevent a Party from adopting or maintaining measures for public policy purposes, provided that these measures are not used as a means to avoid the Party's obligation under this Section. For greater certainty, such measures may include:

(a) measures to protect personal data, personal privacy and the confidentiality of individual records, transactions and accounts, such as restricting the collection by, or transfer to, the cross-border services supplier of the other Party, of information concerning cardholder names;

(b) the regulation of fees, such as interchange or switching fees; and

(c) the imposition of fees as may be determined by a Party's authority, such as those to cover the costs associated with supervision or regulation or to facilitate the development of the Party's payment system infrastructure.

4. For the purposes of this Section, "payment card" means:

(a) For Australia, a credit card, charge card, debit card, cheque card, automated teller machine (ATM) card, prepaid card, and other physical or electronic products or services for performing a similar function as such cards, and any unique account number associated with that card, product or service.

(b) For Singapore:

(i) a credit card as defined in the Banking Act (Cap. 19), a charge card as defined in the Banking Act and a stored value facility as defined in the Payment Systems (Oversight) Act (Cap. 222A); and

(ii) a debit card and an automated teller machine (ATM) card. For greater certainty, both the physical and electronic forms of the cards or facility as listed in subparagraph (b)(i) and subparagraph (b)(ii) would be included as a payment card.

(15) For greater certainty, the electronic payment services for payment card transactions referred to in this commitment fall within subparagraph (g)(viii) of the definition of "financial service" in Article 1 (Definitions), and within subcategory 71593 of the United Nations Central Product Classification, Version 2.0, and include only the processing of financial transactions such as verification of financial balances, authorisation of transactions, notification of banks (or credit card issuers) of individual transactions and the provision of daily summaries and instructions regarding the net financial position of relevant institutions for authorised transactions.
(16) Such registration, authorisation and continued operation, for new and existing suppliers can be conditioned, for example: (i) on supervisory cooperation with the home country supervisor; and (ii) the supplier in a timely manner providing a Party's relevant financial regulators with the ability to examine, including onsite, the systems, hardware, software and records specifically related to that supplier's cross- border supply of electronic payment services into the Party.

Section E. Transparency Considerations

In developing a new regulation of general application to which this Chapter applies, a Party may consider, in a manner consistent with its laws and regulations, comments regarding how the proposed regulation may affect the operations of financial institutions, including financial institutions of the Party or the other Party. These comments may include:

(a) submissions to a Party by the other Party regarding its regulatory measures that are related to the objectives of the proposed regulation; or

(b) submissions to a Party by interested persons, including the other Party or financial institutions of the other Party, with regard to the potential effects of the proposed regulation.

ANNEX 9-C. Authorities responsible for financial services

The authorities for each Party responsible for financial services are:

(a) for Australia, the Treasury and the Department of Foreign Affairs and Trade; and

(b) for Singapore, the Monetary Authority of Singapore.

Chapter 10. Telecommunications Services

Article 1. Definitions

For the purposes of this Chapter:

(a) "commercial mobile services" means public telecommunications services supplied through mobile wireless means;

(b) "cost-oriented" means based on cost, and may include a reasonable profit, and may involve different cost methodologies for different facilities or services;

(c) "cross-connect links" means the links in a submarine cable landing station used to connect submarine cable capacity to the transmission, switching, or routing equipment of any supplier of public telecommunications services co-located in that submarine cable landing station;

(d) "end-user" means a person (including a service consumer and a service supplier) to whom a public telecommunications network or service is supplied, other than for use in the further supply of a public telecommunications network or service;

(e) "enterprise" means:

(i) any entity constituted or organised under applicable law, whether or not for profit, and whether privately or governmentally owned or controlled, including any corporation, trust, partnership, sole proprietorship, joint venture, association or similar organisation; and

(ii) a branch of an enterprise;

(f) "essential facilities' means facilities of a public telecommunications network or service that:

(i) are exclusively or predominantly provided by a single or limited number of suppliers; and

(ii) cannot feasibly be economically or technically substituted in order to provide a service;

(g) "facilities-based suppliers" means suppliers of public telecommunications networks or services that are:

(i) licensed carriers in Australia; or

(ii) facilities-based operators in Singapore;

(h) "interconnection" means linking with suppliers providing public telecommunications networks or services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier;

(i) "international mobile roaming service" means a commercial mobile service provided pursuant to a commercial agreement between suppliers of public telecommunications services that enables end-users to use their home mobile handset or other device for voice, data or messaging services while outside the territory in which the end-user's home public telecommunications network is located;

(j) "leased circuit" means a telecommunications facility between two or more designated points which is set aside for the dedicated use of, or availability to, a particular user;

(k) "licence" means any authorisation that a Party may require of a person, in accordance with its laws and regulations, in order for that person to offer a telecommunications network or service, including concessions, permits or registrations;

(l) "major supplier' means a supplier of public telecommunications networks or services that has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market (1) for public telecommunications networks or services as a result of:

(i) control over essential facilities; or

(ii) use of its position in the market;

(m) "measure" includes any law, regulation, procedure, requirement or practice;

(n) "network element" means facilities or equipment used in the provision of a public telecommunications service, including features, functions, and capabilities that are provided by means of such facilities or equipment, which may include local loops, sub-loops and line sharing;

(o) "non-discriminatory" means treatment no less favourable than that accorded to any other user of like public telecommunications networks or services in like circumstances, including with respect to timeliness;

(p) "number portability' means the ability of end-users of public telecommunications services to retain, at the same location, the same telephone numbers when switching between the same category of suppliers of public telecommunications services;

(q) "person" means a natural person or an enterprise;

(r) "physical co-location" means physical access to and control over space in order to install, maintain or repair equipment, at premises owned or controlled and used by a major supplier to provide public telecommunications services;

(s) "public telecommunications network" means the telecommunications infrastructure authorised by a Party to be used to provide public telecommunications services between defined network termination points;

(t) "public telecommunications service" means any telecommunications service required, explicitly or in effect, by a Party to be offered to the public generally; (2)

(u) "reference interconnection offer' means an interconnection offer extended by a major supplier and filed with, approved by or determined by, a telecommunications regulatory body that sufficiently details the terms, rates and conditions for interconnection so that a supplier of public telecommunications networks or services that is willing to accept it may obtain interconnection with the major supplier on that basis, without having to engage in negotiations with the major supplier concerned;

(v) "regulatory decisions" means decisions by a telecommunications regulatory body made pursuant to authority conferred under domestic law in relation to:

(i) the making of rules for the telecommunications industry excluding legislation and statutory rules;

(ii) ‘the approval of terms and conditions, standards and codes to apply in the telecommunications industry;

(iii) ‘the adjudication or other resolution of disputes between suppliers of public telecommunications networks or services; and

(iv) licensing;

(w) "submarine cable landing station" means the premises where interconnection takes place with the submarine cable system, as determined by the telecommunications regulatory body, if required;

(x) "supplier of public telecommunications networks or services" means a supplier of public telecommunications networks and/or public telecommunications services to users;

(y) "telecommunications" means the transmission and reception of signals by any electromagnetic means, including by photonic means;

(z) "telecommunications regulatory body" means a body or bodies responsible for the regulation of telecommunications;

(aa) "user" means an end-user or a supplier of public telecommunications network or services; and

  • Chapter   01 Objectives and General Definitions 1
  • Article   1 Objectives 1
  • Article   2 General Definitions 1
  • Chapter   02 Trade In Goods 1
  • Article   1 Definitions 1
  • Article   2 National Treatment on Internal Taxation and Regulation 1
  • Article   3 Customs Duties 1
  • Article   4 Customs Value 1
  • Article   5 Goods Re-entered after Repair and Alteration 1
  • Article   6 Duty-free Entry of Commercial Samples of Negligible Value and Printed Advertising Material 1
  • Article   7 Temporary Admission of Goods 1
  • Article   8 Import and Export Restrictions 1
  • Article   9 Remanufactured goods 2
  • Article   10 Import licensing 2
  • Article   11 Export duties 2
  • Article   12 Non-tariff measures 2
  • Article   13 Subsidies and countervailing measures 2
  • Article   14 Anti-dumping measures 2
  • Article   15 Safeguard measures 2
  • Article   16 Transparency 2
  • Article   17 Measures to safeguard the balance of payments 2
  • Article   18 General exceptions 2
  • Chapter   03 Rules of origin and origin procedures 2
  • Section   A Rules of origin 2
  • Article   1 Definitions 2
  • Article   2 Originating goods 2
  • Article   3 Wholly obtained or produced goods 2
  • Article   4 Treatment of recovered materials used in production of a remanufactured good 2
  • Article   5 Regional value content 2
  • Article   6 Materials used in production 2
  • Article   7 Value of materials used in production 2
  • Article   8 Further adjustments to the value of materials 3
  • Article   9 Accumulation 3
  • Article   10 De minimis 3
  • Article   11 Fungible goods or materials 3
  • Article   12 Accessories, spare parts, tools and instructional or other information materials 3
  • Article   13 Packaging materials and containers for retail sale 3
  • Article   14 Packing materials and containers for shipment 3
  • Article   15 Indirect materials 3
  • Article   16 Sets of goods 3
  • Article   17 Transit and transhipment 3
  • Section   B Origin procedures 3
  • Article   18 Claims for preferential treatment 3
  • Article   19 Basis of a certification of origin 3
  • Article   20 Discrepancies 3
  • Article   21 Waiver of certification of origin 3
  • Article   22 Obligations relating to importation 3
  • Article   23 Obligations relating to exportation 3
  • Article   24 Record keeping requirements 3
  • Article   25 Verification of origin 3
  • Article   26 Verification visit 3
  • Article   27 Determinations on claims for preferential tariff treatment 3
  • Article   28 Refunds and claims for preferential tariff treatment after importation 3
  • Article   29 Penalties 3
  • Article   30 Confidentiality 3
  • Section   C Other matters 3
  • Article   31 Consultation on rules of origin and origin procedures 3
  • ANNEX 3-A  Minimum data requirements 3
  • Chapter   04 Customs procedures 4
  • Article   1 Purpose and definitions 4
  • Article   2 Scope 4
  • Article   3 General provisions 4
  • Article   4 Paperless trading 4
  • Article   5 Risk management 4
  • Article   6 Sharing of best practices 4
  • Chapter   05 Technical regulations and sanitary and phytosanitary measures 4
  • Article   1 Purposes and definitions 4
  • Article   2 Scope and obligations 4
  • Article   3 Origin 4
  • Article   4 Harmonisation 4
  • Article   5 Equivalence of mandatory requirements 4
  • Article   6 Cooperative activities on sanitary and phytosanitary/quarantine matters 4
  • Article   7 Conformity assessment 4
  • Article   8 Exchange of information, and consultation 4
  • Article   9 Confidentiality 4
  • Article   10 Final provisions on sectoral annexes 4
  • Chapter   06 Government procurement 4
  • Article   1 Definitions 4
  • Article   2 Scope 4
  • Article   3 Exceptions 5
  • Article   4 General principles 5
  • Article   5 Publication of procurement information 5
  • Article   6 Notices of intended procurement 5
  • Article   7 Conditions for participation 5
  • Article   8 Qualification of suppliers 5
  • Article   9 Limited tendering 5
  • Article   10 Negotiations 5
  • Article   11 Technical specifications 6
  • Article   12 Tender documentation 6
  • Article   13 Time periods general 6
  • Article   14 Treatment of tenders and awarding of contracts 6
  • Article   15 Post-award information 6
  • Article   16 Disclosure of information 6
  • Article   17 Ensuring integrity in procurement practices 6
  • Article   18 Domestic review 6
  • Article   19 Modifications and rectifications of annex 6
  • Article   20 Facilitation of participation by smes 6
  • Article   21 Cooperation and further negotiations 6
  • Chapter   07 Cross-border trade in services 6
  • Article   1 Definitions 6
  • Article   2 Scope 7
  • Article   3 Market access 7
  • Article   4 National treatment (3) 7
  • Article   5 Most-favoured-nation treatment 7
  • Article   6 Local presence 7
  • Article   7 Reservations 7
  • Article   8 Additional commitments 7
  • Article   9 Transparency 7
  • Article   10 Disclosure of confidential information 7
  • Article   11 Domestic regulation 7
  • Article   12 Monopoly and exclusive service supplier 7
  • Article   13 Safeguard measures 7
  • Article   14 Payments and transfers 7
  • Article   15 Denial of benefits 7
  • Article   16 General exceptions 7
  • Article   17 Review of subsidies 7
  • Article   18 Air transport services 7
  • Article   19 Recognition 8
  • ANNEX 7-A  Professional services 8
  • Chapter   08 Investment 8
  • Section   A 8
  • Article   1 Definitions 8
  • Article   2 Scope 8
  • Article   3 Relation to other chapters 8
  • Article   4 National treatment (8) 8
  • Article   5 Most-favoured-nation treatment 8
  • Article   6 Minimum standard of treatment 8
  • Article   7 Prohibition of performance requirements 8
  • Article   8 Senior management and boards of directors 8
  • Article   9 Special formalities and information requirements 8
  • Article   10 Transparency 9
  • Article   11 Reservations 9
  • Article   12 Additional commitments 9
  • Article   13 Expropriation and nationalisation 9
  • Article   14 Treatment in cases of armed conflict or civil strife 9
  • Article   15 Transfers 9
  • Article   16 Subrogation 9
  • Article   17 Review of subsidies 9
  • Article   18 Denial of benefits 9
  • Article   19 General exceptions 9
  • Article   20 Investment and environmental, health and other regulatory objectives 9
  • Article   21 Disclosure of confidential information 9
  • Section   B Investor-state dispute settlement (18) 9
  • Article   22 Tobacco control measures 9
  • Article   23 Consultation and negotiation 9
  • Article   24 Submission of a claim to arbitration 9
  • Article   25 Consent of each party to arbitration 9
  • Article   26 Conditions and limitations on consent of each party 9
  • Article   27 Selection of arbitrators 9
  • Article   28 Conduct of the arbitration 10
  • Article   29 Transparency of arbitral proceedings 10
  • Article   30 Governing law 10
  • Article   31 Expert reports 10
  • Article   32 Consolidation 10
  • Article   33 Awards 10
  • Article   34 Service of documents 10
  • ANNEX 8-A  Expropriation 10
  • ANNEX 8-B  10
  • Chapter   09 Financial services 10
  • Article   1 Definitions 10
  • Article   2 Scope 11
  • Article   3 National treatment (5) 11
  • Article   4 Most-favoured-nation treatment 11
  • Article   5 Market access for financial institutions 11
  • Article   6 Cross-border trade 11
  • Article   7 New financial services (7) 11
  • Article   8 Treatment of certain information 11
  • Article   9 Senior management and boards of directors 11
  • Article   10 Non-conforming measures 11
  • Article   11 Exceptions 11
  • Article   12 Recognition 11
  • Article   13 Transparency and administration of certain measures 11
  • Article   14 Self-regulatory organisations 11
  • Article   15 Payment and clearing systems 11
  • Article   16 Expedited availability of insurance services 11
  • Article   17 Performance of back-office functions 11
  • Article   18 Specific commitments 11
  • Article   19 Committee on financial services 11
  • Article   20 Consultations 11
  • Article   21 Dispute settlement 11
  • Article   22 Investinent disputes in financial services 12
  • ANNEX 9-A  Cross-border trade 12
  • ANNEX 9-B  Specific commitments 12
  • Section   A Portfolio management 12
  • Section   B Transfer of information 12
  • Section   C Supply of insurance by postal insurance entities 12
  • Section   D Electronic payment card services 12
  • Section   E Transparency considerations 12
  • ANNEX 9-C  Authorities responsible for financial services 12
  • Chapter   10 Telecommunications services 12
  • Article   1 Definitions 12
  • Article   2 Scope 13
  • Article   3 Access to and use of public telecommunications networks or services (3) 13
  • Article   4 Transparency 13
  • Article   5 Independent regulatory bodies 13
  • Article   6 Dispute settlement and appeal 13
  • Article   7 General competitive safeguards 13
  • Article   8 Interconnection between suppliers of public telecommunications networks 13
  • Article   9 Additional obligations relating to major suppliers (7) 13
  • Article   10 Number portability 13
  • Article   11 International mobile roaming 13
  • Article   12 International submarine cable systems 14
  • Article   13 Universal service 14
  • Article   14 Allocation and use of scarce resources (14) 14
  • Article   15 Flexibility in the choice of technology 14
  • Article   16 Industry participation 14
  • Article   17 Enforcement 14
  • Article   18 Exceptions 14
  • Chapter   11 Movement of natural persons 14
  • Article   1 Scope and definitions 14
  • Section   1 Short-term temporary entry 14
  • Article   2 Business visitors 14
  • Article   3 Installers and servicers 14
  • Section   2 Long-term temporary entry 14
  • Article   4 Contractual service suppliers 14
  • Article   5 Independent executives 14
  • Article   6 Intra-corporate transferees 14
  • Article   7 Provision of information 14
  • Article   8 Dispute settlement 14
  • Article   9 Immigration measures 14
  • Article   10 Immigration requirements and procedures 14
  • Article   11 Licensing requirements 14
  • Article   12 Expeditious application procedures 14
  • Article   13 Notification of outcome of application 14
  • Article   14 Online lodgement and processing 14
  • Article   15 Resolution of problems 14
  • Article   16 Labour market testing 14
  • Article   17 Immigration formality requirements 14
  • Article   18 Employment of spouses and dependants 14
  • Article   19 Relation to other chapters 14
  • Chapter   12 Competition policy 14
  • Article   1 Purpose and definitions 14
  • Article   2 Promotion of competition 14
  • Article   3 Application of competition laws 14
  • Article   4 Competitive neutrality 14
  • Article   5 Exemptions 14
  • Article   6 Consultation and review 14
  • Article   7 Transparency 15
  • Article   8 General 15
  • Chapter   13 Intellectual property 15
  • Article   1 Purpose and definitions 15
  • Article   2 Adherence to international instruments 15
  • Article   3 Storage of intellectual property in electronic media 15
  • Article   4 Term of protection for copyright 15
  • Article   5 Effective technological measures 15
  • Article   6 Rights management information 15
  • Article   7 Protection of encrypted programme-carrying satellite signals 15
  • Article   8 Presumptions for copyright 15
  • Article   9 Civil enforcement of intellectual property rights 15
  • Article   10 Measures to prevent the export of goods that infringe copyright or trade marks 15
  • Article   11 Criminal procedures and remedies 15
  • Article   12 Limitation on liability of service providers 15
  • Article   13 Cooperation on enforcement 15
  • Article   14 Cooperation on education and exchange of information on protection, management and exploitation of intellectual property rights 15
  • Article   15 Settlement of disputes relating to domain names and trade marks 15
  • Chapter   14 Electronic commerce 15
  • Article   1 Definitions 15
  • Article   2 Scope 16
  • Article   3 Transparency 16
  • Article   4 Customs duties 16
  • Article   5 Non-discriminatory treatment of digital products 16
  • Article   6 Domestic electronic transactions framework 16
  • Article   7 Electronic authentication and electronic signatures 16
  • Article   8 Online consumer protection 16
  • Article   9 Personal information protection 16
  • Article   10 Paperless trading 16
  • Article   11 Exceptions 16
  • Article   12 Principles on access to and use of the internet for electronic commerce 16
  • Article   13 Cross-border transfer of information by electronic means 16
  • Article   14 Internet interconnection charge sharing 16
  • Article   15 Location of computing facilities 16
  • Article   16 Unsolicited commercial electronic messages 16
  • Article   17 Cooperation 16
  • Article   18 Cooperation on cybersecurity matters 16
  • Article   19 Source code 16
  • Chapter   15 Education cooperation 16
  • Article   1 Scope and purpose 16
  • Article   2 Fields of cooperation 16
  • Article   3 Facilitation of cooperation 16
  • Article   4 Student mobility and scholarship arrangements 16
  • Article   5 Costs 16
  • Chapter   16 Dispute settlement 16
  • Article   1 Scope and coverage 17
  • Article   2 Consultations 17
  • Article   3 Good offices, conciliation or mediation 17
  • Article   4 Appointment of arbitral tribunals 17
  • Article   5 Composition of arbitral tribunals 17
  • Article   6 Functions of arbitral tribunals 17
  • Article   7 Proceedings of arbitral tribunals 17
  • Article   8 Suspension and termination of proceedings 17
  • Article   9 Implementation 17
  • Article   10 Compensation and suspension of benefits 17
  • Article   11 Expenses 17
  • Chapter   17 Final provisions 17
  • Article   1 Regional and local government 17
  • Article   2 Security exceptions 17
  • Article   3 Taxation measures 17
  • Article   4 Temporary safeguard measures 17
  • Article   5 General exceptions 17
  • Article   6 Contact point 17
  • Article   7 Review 17
  • Article   8 Association with the agreement 17
  • Article   9 Relation to other agreements 17
  • Article   10 Annexes 17
  • Article   11 Amendments 17
  • Article   12 Entry into force, duration and termination 17
  • ANNEX 4-I  Reservations to chapter 7 (cross-border trade in services) and chapter 8 (investment) 17
  • ANNEX 4-I(A)  Australia's reservations to chapter 7 (cross-border trade in services) and chapter 8 (investment) 17
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  • 23 19
  • ANNEX 4-I(B)  Singapore's reservations to chapter 7 (cross-border trade in services) and chapter 8 (investment) 19
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  • ANNEX 4-II  Reservations to chapter 7 (cross-border trade in services) and chapter 8 (investment) 21
  • ANNEX II-A  Australia's reservations to chapter 7 (cross-border trade in services) and chapter 8 (investment) 22
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  • 16 22
  • APPENDIX A  22
  • ANNEX 4-II(B)  Singapore's reservations to chapter 7 (cross-border trade in services) and chapter 8 (investment) 23
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  • 32 25
  • Annex 7  Code of conduct for arbitrators appointed under chapter 8 (investment) and chapter 16 (dispute settlement) 25
  • Singapore's note 25
  • APPENDIX I  Article xx* taxation measures as expropriation 25