Australia - Singapore FTA (2003)
Previous page Next page

1. Unless otherwise agreed by the Parties elsewhere in this Agreement, the provisions of this Chapter shall apply with respect to the avoidance or settlement of disputes between the Parties concerning their rights and obligations under this Agreement.

2. The rules and procedures set out in this Chapter may be waived, varied or modified by mutual agreement.

3. Findings and recommendations of an arbitral tribunal cannot add to or diminish the rights and obligations of the Parties under this Agreement.

4. The provisions of this Chapter may be invoked in respect of measures affecting the observance of this Agreement taken by regional or local governments or authorities within the territory of a Party. When an arbitral tribunal has ruled that a provision of this Agreement has not been observed, the responsible Party shall take such reasonable measures as may be available to it to ensure its observance. The provisions of this Chapter relating to compensation and suspension of benefits apply in cases where it has not been possible to secure such observance.

5. Arbitral tribunals shall clarify the provisions of this Agreement in accordance with customary rules of interpretation of public international law.

Article 2. 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 or proposals to the other Party, which shall give due consideration to the representations or proposals made to it.

3. If a request for consultation is made, the Party to which the request is made shall reply to the request within 7 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.

4. 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 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 3. 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 4 (Appointment of Arbitral Tribunals).

Article 4. 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 5. Composition of Arbitral Tribunals

1. The arbitral tribunal referred to in Article 4 (Appointment of Arbitral Tribunals) shall consist of three members. Each Party shall appoint an arbitrator within 30 days of the receipt of the request under Article 4, and the two arbitrators appointed shall, within 30 days of the appointment of the second of them, designate by common agreement the third arbitrator.

2. The Parties shall, within 7 days of the designation of the third arbitrator, approve or disapprove the appointment of that arbitrator, who shall, if approved, chair the tribunal.

3. If the third arbitrator has not been designated within 30 days of the appointment of the second arbitrator, or one of the Parties disapproves the appointment of the third arbitrator, the Ministers in charge of trade negotiations of the Parties shall consult directly in order to jointly appoint the chair of the arbitral tribunal within a further period of 30 days.

4. If an arbitrator appointed under this Article resigns or becomes unable to act, a successor arbitrator 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.

5. Any person appointed as a member or chair of the arbitral tribunal shall not be a national of either Party and 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 judgement and independence. Additionally, the chair shall not have his or her usual place of residence in the territory of, nor be employed by, either Party.

Article 6. 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 a Party bring the measure into conformity with that provision.

2. The findings and recommendations of the arbitral tribunal shall be set out in a report released to the Parties. An arbitral tribunal may make its findings and recommendations 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, The arbitral tribunal shall, in consultation with the Parties and apart from the matters set out in Article 7 (Proceedings of Arbitral Tribunals), regulate its own procedures in relation to the rights of Parties to be heard and its deliberations.

Article 7. 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 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. The Parties shall make available to the arbitral tribunal a written version of their oral statements.

8. 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.

9. The arbitral tribunal shall have the right, in consultation with the Parties, to seek information and technical advice from any individual or body which it deems appropriate, and shall make any such information and technical advice available to the Parties. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate.

10. 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.

11. 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 8. 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 9. Implementation

1. The Party concerned shall comply with the arbitral tribunal's recommendations 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 recommendations 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 10. Compensation and Suspension of Benefits

1. If the Party concemed fails to bring the measure found to be inconsistent with the Agreement into compliance with the recommendations of the arbitral tribunal under Article 9.2 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 satisfactory agreement on any necessary compensatory adjustment.

2. If no mutually satisfactory agreement on compensation 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 4 (Appointment of Arbitral Tribunals).

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 Article 10.2:

(a) the Party having invoked the dispute settlement procedures 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 Party having invoked the dispute settlement procedures 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 recommendations has done so, or a mutually satisfactory solution is reached.

Article 11. 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 17. Final Provisions

Article 1. Regional and Local Government

Each Party is fully responsible for the observance of all provisions in this Agreement, and, except as otherwise provided for in this Agreement, shall take such reasonable measures (1) as may be available to it to ensure that they are observed by the regional and local governments and authorities within its territory, and in respect of trade in services and investment covered by Chapter 7 (Cross-Border Trade in Services) and Chapter 8 (Investment) of this Agreement, that they are observed by non- governmental bodies (in the exercise of powers delegated by central, regional or local government or authorities) within its territory.

(1) For the purposes of this Chapter, "measure" includes any law, regulation, procedure, requirement or practice.

Article 2. Security Exceptions

Nothing in this Agreement shall be construed to:

(a) require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or

(b) preclude a Party from applying measures that it considers necessary for the fulfilment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests.

Article 3. Taxation Measures

1. For the purposes of this Article:

"tax convention" means a convention for the avoidance of double taxation or other international taxation agreement or arrangement; and

"taxation measures" do not include a "customs duty" as defined in Article 2(e) (General Definitions) of Chapter 1 (Objectives and General Definitions).

2. Except as provided in this Article, nothing in this Agreement shall apply to taxation measures.

3. This Agreement shall only grant rights or impose obligations with respect to taxation measures where corresponding rights or obligations are also granted or imposed under Article II of GATT 1994 and, with respect to services, including financial services and services supplied by a covered investment, Articles I, XVII and XIV(d) of GATS, mutatis mutandis (2).

4. Nothing in this Agreement shall affect the rights and obligations of the Parties under any tax convention in force between the Parties. In the event of any inconsistency relating to a taxation measure between this Agreement and such tax convention, the latter shall prevail to the extent of the inconsistency. The competent authorities under that convention shall have sole responsibility for determining whether any inconsistency exists between this Agreement and that convention.

(2) The Parties understand that this paragraph must be interpreted by reference to the footnote to Article XIV(d) of GATS as if the Article were not restricted to direct taxes.

Article 4. Temporary Safeguard Measures

1. Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining restrictive measures with regard to payments or transfers for current account transactions in the event of serious balance of payments and external financial difficulties or threats thereof.

2. Nothing in this Agreement shall be construed to prevent a Party from adopting or maintaining restrictive measures with regard to payments or transfers relating to the movements of capital:

(a) in the event of serious balance of payments and external financial difficulties or threats thereof; or

(b) if, in exceptional circumstances, payments or transfers relating to capital movements cause or threaten to cause serious difficulties for macroeconomic management.

3. Any measure adopted or maintained under paragraph 1 or 2 shall:

(a) not be inconsistent with Articles 4 (National Treatment) and 5 (Most- Favoured-Nation Treatment) of Chapter 7 (Cross-Border Trade in Services), Articles 4 (National Treatment) and 5 (Most-Favoured- Nation Treatment) of Chapter 8 (Investment), or Articles 3 (National Treatment) and 4 (Most-Favoured-Nation Treatment) of Chapter 9 (Financial Services); (3)

(b) be consistent with the Articles of Agreement of the International Monetary Fund;

(c) avoid unnecessary damage to the commercial, economic and financial interests of the other Party;

(d) not exceed those necessary to deal with the circumstances described in paragraph 1 or 2;

(e) be temporary and be phased out progressively as the situations specified in paragraph 1 or 2 improve, and shall not exceed 18 months in duration; however, in exceptional circumstances, a Party may extend such measure for additional periods of one year, by notifying the other Party in writing within 30 days of the extension. If the other Party advises, in writing, within 30 days of receiving the notification, that it does not agree that the extended measure is designed and applied to satisfy subparagraphs (c), (d) and (h), the Party imposing the measure shall commence consultations with the other Party within 90 days of receiving the notification from the other Party, and endeavour to modify the measure to bring it into conformity with subparagraphs (c), (d) and (h), taking into account the views of the other Party;

(f) not be inconsistent with Article 13 (Expropriation and Nationalisation) of Chapter 8 (Investment); (4)

(g) in the case of restrictions on capital outflows, not interfere with an investor's ability to earn a market rate of return in the territory of the restricting Party on any restricted assets;(5) and

(h) not be used to avoid necessary macroeconomic adjustment.

4. Measures referred to in paragraphs 1 and 2 shall not apply to payments or transfers relating to foreign direct investment. (6)

5. A Party shall endeavour to provide that any measures adopted or maintained under paragraph 1 or 2 be price-based, and if such measures are not price-based, the Party shall explain the rationale for using quantitative restrictions when it notifies the other Party of the measure.

6. In the case of trade in goods, Article XII of GATT 1994 and the Understanding on the Balance of Payments Provisions of the GATT 1994 are incorporated into and made part of this Agreement, mutatis mutandis. Any measures adopted or maintained under this paragraph shall not impair the relative benefits accorded to the other Party under this Agreement as compared to the treatment of a non-Party.

7. A Party adopting or maintaining measures under paragraph 1, 2 or 6 shall:

(a) notify, in writing, the other Party of the measures, including any changes therein, along with the rationale for their imposition, within 30 days of their adoption;

(b) present, as soon as possible, either a time schedule or the conditions necessary for their removal;

(c) promptly publish the measures; and

(d) promptly commence consultations with the other Party in order to review the measures adopted or maintained by it.

(i) In the case of capital movements, promptly respond to a request for consultations from the other Party in relation to the measures adopted by it, provided that such consultations are not otherwise taking place outside of this Agreement.

(ii) In the case of current account restrictions, if consultations in relation to the measures adopted by it are not taking place under the framework of the WTO Agreement, a Party, if requested, shall promptly commence consultations with the other Party.

(3) Without prejudice to the general interpretation of Articles 4 (National Treatment) and 5 (Most- Favoured-Nation Treatment) of Chapter 7 (Cross-Border Trade in Services), Articles 4 (National Treatment) and 5 (Most-Favoured-Nation Treatment) of Chapter 8 (Investment), and Articles 3 (National Treatment) and 4 (Most-Favoured-Nation Treatment) of Chapter 9 (Financial Services), the fact that a measure adopted or maintained pursuant to paragraph 1 or 2 differentiates between investors on the basis of residency does not necessarily mean that the measure is inconsistent with Articles 4 (National Treatment) and 5 (Most-Favoured-Nation Treatment) of Chapter 7 (Cross-Border Trade in Services), Articles 4 (National Treatment) and 5 (Most-Favoured-Nation Treatment) of Chapter 8 (Investment), and Articles 3 (National Treatment) and 4 (Most-Favoured-Nation Treatment) of Chapter 9 (Financial Services).
(4) For greater certainty, measures referred to in paragraph 1 or 2 may be non-discriminatory regulatory actions by a Party that are designed and applied to protect legitimate public welfare objectives as referred to in subparagraph 3(b) of Annex 8-A (Expropriation) to Chapter 8 (Investment).
(5) The term ‘Restricted assets" in this subparagraph refers only to assets invested in the territory of the restricting Party by an investor of the other Party that are restricted from being transferred out of the territory of the restricting Party.
(6) For the purposes of this Article, "foreign direct investment" means a type of investment by an investor of a Party in the territory of the other Party, through which the investor exercises ownership or control over, or a significant degree of influence on the management of, an enterprise or other direct investment, and tends to be undertaken in order to establish a lasting relationship. For example, ownership of at least 10 per cent of the voting power of an enterprise over a period of at least 12 months generally would be considered foreign direct investment. For the purposes of this Chapter, "enterprise" means 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.

Article 5. General Exceptions

1. For the purposes of Chapter 3 (Rules of Origin) and Chapter 5 (Technical Regulations and Sanitary and Phytosanitary Measures), Article XX of GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.

2. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources.

Article 6. 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 7. Review

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.

Article 8. Association with the Agreement

This Agreement is open to accession or association by any State or separate customs territory, on terms to be agreed between the Parties.

Article 9. Relation to other Agreements

Unless otherwise provided in this Agreement, 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 in accordance with customary rules of public international law. (7)

(7) For the purposes of application of this Agreement, the Parties agree that the fact that an agreement provides more favourable treatment of goods, services, investments or persons than that provided for under this Agreement does not mean that there is an inconsistency within the meaning of this Article. For the purposes of this Chapter, "person" means a natural person or an enterprise.

Article 10. Annexes

The Annexes in this Agreement shall form an integral part of this Agreement.

Article 11. 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 the Parties.

Article 12. Entry Into Force, Duration and Termination

1. This Agreement shall enter into force on the date on which the Parties have exchanged notes confirming the completion of their respective procedures for the entryinto force of this Agreement.

2. Either Party may terminate this Agreement by giving the other Party six months' advance notice in writing.

Conclusion

Attachments

ANNEX 4-I. Reservations to chapter 7 (cross-border trade in services) and chapter 8 (investment)

EXPLANATORY NOTES

1. The Schedule of a Party to this Annex sets out, pursuant to Article 7 (Reservations) of Chapter 7 (Cross-Border Trade in Services) and Article 11 (Reservations) of Chapter 8 (Investment), a Party's existing measures that are not subject to some or all of the obligations imposed by:

(a) Article 3 (Market Access) of Chapter 7 (Cross-Border Trade in Services);

(b) Article 4 (National Treatment) of Chapter 7 (Cross-Border Trade in Services) or Article 4 (National Treatment) of Chapter 8 (Investment);

(c) Article 5 (Most-Favoured-Nation Treatment) of Chapter 7 (Cross- Border Trade in Services) or Article 5 (Most-Favoured-Nation Treatment) of Chapter 8 (Investment);

(d) Article 6 (Local Presence) of Chapter 7 (Cross-Border Trade in Services);

(e) Article 7 (Prohibition of Performance Requirements) of Chapter 8 (Investment); or

(f) Article 8 (Senior Management and Boards of Directors) of Chapter 8 (investment).

2. Each Schedule entry sets out the following elements:

(a) Sector refers to the sector for which the entry is made;

(b) Sub-Sector, where referenced, refers to the specific sector in which the teservation is made;

(c) Industry Classification, where referenced, refers to the activity covered by the non-conforming measure according to the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);

(d) Obligations Concerned specifies the obligations referred to in paragraph 1 that, pursuant to Article 7.1 (Reservations) of Chapter 7 (Cross-Border Trade in Services) and Article 11.1 (Reservations) of Chapter 8 (Investment), do not apply to the listed measure(s) as indicated in the Description element of that entry;

(e) Level of Government indicates the level of government maintaining the listed measures;

(f) Source of Measure identifies the laws, regulations or other measures for which the entry is made. A measure cited in the Measures element:

(i) means the measure as amended, continued or renewed as of the date of entry into force of this Agreement, and

(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and

(g) Description sets out the non-conforming aspects of the measure to which the entry applies. However, in the interpretation of an entry, all elements of the entry shall be considered.

3. Articles 4 (National Treatment) and 6 (Local Presence) of Chapter 7 (Cross- Border Trade in Services) are separate disciplines and a measure that is only inconsistent with Article 6 (Local Presence) of Chapter 7 (Cross-Border Trade in Services) need not be reserved against Article 4 (National Treatment) of Chapter 7 (Cross-Border Trade in Services). For greater certainty, requirements that must be met in order to establish a particular form of enterprise, such as a corporation, trust, partnership, sole proprietorship, joint venture, association or similar organisation are not breaches of the local presence obligation unless they are imposed as a condition for the cross-border supply of a service.

4. Article 1 (Definitions) of Chapter 7 (Cross-Border Trade in Services) and Article 1 (Definitions) of Chapter 8 (Investment) shall apply to this Annex.

ANNEX 4-I(A). Australia's reservations to chapter 7 (cross-border trade in services) and chapter 8 (investment)

INTRODUCTORY NOTES

1. Australia reserves the right to maintain and to add to this Schedule any non- conforming measure at the regional level of government that existed at 1 January 2005, but was not listed in this Schedule at the date of entry into force of this Agreement against the following obligations:

(a) Article 4 (National Treatment) of Chapter 7 (Cross-Border Trade in Services) or Article 4(National Treatment) of Chapter 8 (Investment);

(b) Article 5 (Most-Favoured-Nation Treatment) of Chapter 7 (Cross-Border Trade in Services) or Article 5 (Most-Favoured-Nation Treatment) of Chapter 8 (Investment);

(c) Article 6 (Local Presence) of Chapter 7 (Cross-Border Trade in Services);

  • 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
  • 1 18
  • 2 18
  • 3 18
  • 4 18
  • 5 18
  • 6 18
  • 7 18
  • 8 18
  • 9 18
  • 10 18
  • 11 18
  • 12 18
  • 13 19
  • 14 19
  • 15 19
  • 16 19
  • 17 19
  • 18 19
  • 19 19
  • 20 19
  • 21 19
  • 22 19
  • 23 19
  • ANNEX 4-I(B)  Singapore's reservations to chapter 7 (cross-border trade in services) and chapter 8 (investment) 19
  • 1 19
  • 2 19
  • 3 19
  • 4 19
  • 5 20
  • 6 20
  • 7 20
  • 8 20
  • 9 20
  • 10 20
  • 11 20
  • 12 20
  • 13 20
  • 14 20
  • 15 20
  • 16 20
  • 17 20
  • 18 20
  • 19 20
  • 20 21
  • 21 21
  • 22 21
  • 23 21
  • 24 21
  • 25 21
  • 26 21
  • 27 21
  • 28 21
  • 29 21
  • 30 21
  • 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
  • 1 22
  • 2 22
  • 3 22
  • 4 22
  • 5 22
  • 6 22
  • 7 22
  • 8 22
  • 9 22
  • 10 22
  • 11 22
  • 12 22
  • 13 22
  • 14 22
  • 15 22
  • 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
  • 1 23
  • 2 23
  • 3 23
  • 4 23
  • 5 23
  • 6 23
  • 7 23
  • 8 23
  • 9 23
  • 10 23
  • 11 23
  • 12 23
  • 13 23
  • 14 23
  • 15 23
  • 16 24
  • 17 24
  • 18 24
  • 19 24
  • 20 24
  • 21 24
  • 22 24
  • 23 24
  • 24 24
  • 25 24
  • 26 24
  • 27 24
  • 28 24
  • 29 24
  • 30 24
  • 31 24
  • 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