7. Neither Party shall, as a condition for engaging in importation or for the importation of a good, require a person of the other Party to establish or maintain a contractual or other relationship with a distributor in its territory.
8. For greater certainty, paragraph 7 does not prevent a Party from requiring a person referred to in that paragraph to designate a point of contact for the purpose of facilitating communications between its regulatory authorities and that person.
Article 9. Remanufactured Goods
1. For greater certainty, Article 8.1 (import and Export Restrictions) shall apply to prohibitions and restrictions on the importation of remanufactured goods.
2. If a Party adopts or maintains measures prohibiting or restricting the importation of used goods, it shall not apply those measures to remanufactured goods. (1)
Article 10. Import Licensing
1. Neither Party shall adopt or maintain a measure that is inconsistent with the Import Licensing Agreement.
2. Promptly after this Agreement enters into force for a Party, that Party shall notify the other Parties of its existing import licensing procedures, if any. The notice shall include the information specified in Article 5.2 of the Import Licensing Agreement and any information required under paragraph 6.
3. A Party shall be deemed to be in compliance with paragraph 2 with respect to an existing import licensing procedure if:
(a) it has notified that procedure to the WTO Committee on Import Licensing provided for in Article 4 of the Import Licensing Agreement together with the information specified in Article 5.2 of that agreement;
(b) in the most recent annual submission due before the date of entry into force of the Agreement to Amend the Singapore-Australia Free Trade Agreement for that Party to the WTO Committee on Import Licensing in response to the annual questionnaire on import licensing procedures described in Article 7.3 of the Import Licensing Agreement, it has provided, with respect to that procedure, the information requested in that questionnaire; and
(c) it has included in either the notice described in subparagraph (a) or the annual submission described in subparagraph (b) any information required to be notified to the other Party under paragraph 6.
4. Each Party shall comply with Article 1.4(a) of the Import Licensing Agreement with respect to any new or modified import licensing procedure. Each Party shall also publish on an official government website any information that it is required to publish under Article 1.4(a) of the Import Licensing Agreement.
5. Each Party shall notify the other Party of any new import licensing procedures it adopts and any modifications it makes to its existing import licensing procedures, if possible, no later than 60 days before the new procedure or modification takes effect. In no case shall a Party provide the notification later than 60 days after the date of its publication. The notification shall include any information required under paragraph 6. A Party shall be deemed to be in compliance with this obligation if it notifies a new import licensing procedure or a modification to an existing import licensing procedure to the WTO Committee on Import Licensing in accordance with Articles 5.1, 5.2 or 5.3 of the Import Licensing Agreement, and includes in its notification any information required to be notified to the other Party under paragraph 6.
6. (a) A notice under paragraph 2, paragraph 3 or paragraph 5 shall state if, under any import licensing procedure that is a subject of the notice:
(i) the terms of an import licence for any product limit the permissible end users of the product; or
(ii) the Party imposes any of the following conditions on eligibility for obtaining a licence to import any product:
(A) membership in an industry association;
(B) approval by an industry association of the request for an import licence;
(C) a history of importing the product or similar products;
(D) minimum importer or end user production capacity;
(E) minimum importer or end user registered capital; or
(F) a contractual or other relationship between the importer and a distributor in the Party's territory.
(b) A notice that states, under subparagraph (a), that there is a limitation on permissible end users or a licence-eligibility condition shall:
(i) list all products for which the end-user limitation or licence eligibility condition applies; and
(ii) describe the end-user limitation or licence-eligibility condition.
7. Each Party shall respond within 60 days to a reasonable enquiry from the other Party concerning its licensing rules and its procedures for the submission of an application for an import licence, including the eligibility of persons, firms and institutions to make an application, the administrative body or bodies to be approached and the list of products subject to the licensing requirement.
8. If a Party denies an import licence application with respect to a good of the other Party, it shall, on request of the applicant and within a reasonable period after receiving the request, provide the applicant with a written explanation of the reason for the denial. 9. Neither Party shall apply an import licensing procedure to a good of the other Party unless it has, with respect to that procedure, met the requirements of paragraph 2 or paragraph 4, as applicable.
Article 11. Export Duties
A Party shall not impose any export duty on the goods set out in Annex 1 (Export Duties), when exported from its territory to the territory of the other Party.
Article 12. Non-tariff Measures
1. Neither Party shall adopt or maintain any non-tariff measures on the importation of any good of the other Party or on the exportation of any good destined for the territory of the other Party except in accordance with its WTO rights and obligations or in accordance with this Agreement.
2. Each Party shall ensure the transparency of its non-tariff measures permitted under paragraph 1 and that they are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to trade between the Parties.
Article 13. Subsidies and Countervailing Measures
1. The Parties agree to prohibit export subsidies on all goods, including agricultural goods.
2. The Parties reaffirm their commitment to abide by the SCM Agreement.
Article 14. Anti-dumping Measures
1. With respect to the application of anti-dumping measures, the Parties reaffirm their commitment to the AD Agreement.
2. The Parties agree to observe the following practices in anti-dumping cases between them:
(a) the time frame to be used for determining the volume of dumped imports in an investigation or review shall be representative of the imports of both dumped and non-dumped goods, for a reasonable period, and such reasonable period shall normally be at least 12 months;
(b) if a decision is taken to impose an anti-dumping duty pursuant to Article 9.1 of the AD Agreement, the Party taking such a decision shall normally apply the "lesser duty rule" by imposing a duty which is less than the dumping margin where such lesser duty would be adequate to remove the injury to the domestic industry; and
(c) notification procedures shall be as follows:
(i) immediately following the acceptance by a Party of a properly documented application from an industry in that Party for the initiation of an anti-dumping investigation in respect of goods from the other Party, the first Party shall immediately inform the other Party;
(ii) where a Party considers that, in accordance with Article 5 of the AD Agreement, there is sufficient evidence to justify the initiation of an anti-dumping investigation, it shall give written notice to the other Party and shall act in accordance with Article 17.2 of that Agreement concerning consultations. 3. At reviews of this Agreement under Article 7 (Review) of Chapter 17 (Final Provisions), the Parties shall review this Article, including a consideration of any recommendations by the WTO Committee on Anti-Dumping Practices.
Article 15. Safeguard Measures
A Party shall not initiate or take any safeguard measure within the meaning of the Safeguards Agreement against the goods of the other Party from the date of entry into force of this Agreement.
Article 16. Transparency
Article X of the GATT 1994 is incorporated into and shall form part of this Agreement, mutatis mutandis.
Article 17. Measures to Safeguard the Balance of Payments
Where a Party is in serious balance of payments and external financial difficulties or threat thereof, it may, in accordance with the GATT 1994 and the Understanding on the Balance-of-Payments Provisions of the GATT 1994, adopt restrictive import measures.
Article 18. General Exceptions
Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where the same conditions prevail, or a disguised restriction on international trade, nothing in this Chapter shall be construed to prevent the adoption or enforcement by a Party of measures:
(a) necessary to protect public morals; necessary to protect human, animal or plant life or health; relating to the importations or exportations of gold or silver;
(b) necessary to secure compliance with laws or regulations which are not inconsistent with this Chapter, including those relating to customs enforcement, the enforcement of monopolies operated under paragraph 4 of Article If and Article XVII of the GATT 1994, the protection of patents, trademarks and copyrights, and the prevention of deceptive practices;
(c) relating to the products of prison labour;
(d) imposed for the protection of national treasures of artistic, historic or archaeological value;
(e) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption;
(f) undertaken in pursuance of obligations under any intergovernmental commodity agreement which conforms to criteria submitted to the WTO and not disapproved by it or which is itself so submitted and not so disapproved;
(g) involving restrictions on exports of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is held below the world price as part of a governmental stabilization plan; Provided that such restrictions shall not operate to increase the exports of or the protection afforded to such domestic industry, and shall not depart from the provisions of this Chapter relating to non- discrimination;
(h) essential to the acquisition or distribution of products in general or local short supply; Provided that any such measures shall be consistent with the principle that all WTO members are entitled to an equitable share of the international supply of such products, and that any such measures, which are inconsistent with this Chapter shall be discontinued as soon as the conditions giving rise to them have ceased to exist.
Chapter 03. Rules of Origin and Origin Procedures
Section A. Rules of Origin
Article 1. Definitions
For the purposes of this Chapter:
(a) "aquaculture" means the farming of aquatic organisms, including fish, molluscs, crustaceans, other aquatic invertebrates and aquatic plants from seed stock such as eggs, fry, fingerlings or larvae, by intervention in the rearing or growth processes to enhance production such as regular stocking, feeding or protection from predators;
(b) "Customs Valuation Agreement" means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, set out in Annex 1A to the WTO Agreement;
(c) "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;
(d) "fungible goods or materials' means goods or materials that are interchangeable for commercial purposes and whose properties are essentially identical;
(e) "Generally Accepted Accounting Principles" means those principles recognised by consensus or with substantial authoritative support in the territory of a Party with respect to the recording of revenues, expenses, costs, assets and liabilities; the disclosure of information; and the preparation of financial statements. These principles may encompass broad guidelines for general application, as well as detailed standards, ptactices and procedures;
(f) "good" means any merchandise, product, article or material;
(g) "indirect material" means a material used in the production, testing or inspection of a good but not physically incorporated into the good; or a material used in the maintenance of buildings or the operation of equipment, associated with the production of a good, including:
(i) fuel, energy, catalysts and solvents;
(ii) equipment, devices and supplies used to test or inspect the good;
(iii) gloves, glasses, footwear, clothing, safety equipment and supplies;
(iv) tools, dies and moulds;
(v) spate parts and materials used in the maintenance of equipment and buildings;
(vi) lubricants, greases, compounding materials and other materials used in production or used to operate equipment and buildings; and
(vii) any other material that is not incorporated into the good but the use of which in the production of the good can reasonably be demonstrated to be a part of that production;
(h) "material" means a good that is used in the production of another good;
(i) "non-originating good" or "non-originating material" means a good or material that does not qualify as originating in accordance with this Chapter;
(j) "originating good" or "originating material" means a good or material that qualifies as originating in accordance with this Chapter;
(k) "packing materials and containers for shipment" means goods used to protect another good during its transportation, but does not include the packaging materials or containers in which a good is packaged for retail sale;
(l) "person" means a natural person or an enterprise;
(m) "person of a Party" means a national (1) or an enterprise of a Party;
(n) "producer" means a person who engages in the production of a good;
(o) "production" means operations including growing, cultivating, raising, mining, harvesting, fishing, trapping, hunting, capturing, collecting, breeding, extracting, aquaculture, gathering, manufacturing, processing or assembling a good;
(p) "recovered material" means a material in the form of one or more individual parts that results from:
(i) the disassembly of a used good into individual parts; and
(ii) the cleaning, inspecting, testing or other processing of those parts as necessary for improvement to sound working condition;
(q) "transaction value" means the price actually paid or payable for the good when sold for export or other value determined in accordance with the Customs Valuation Agreement; and
(r) "value of the good" means the transaction value of the good excluding any costs incurred in the international shipment of the good.
Article 2. Originating Goods
Except as otherwise provided in this Chapter, each Party shall provide that a good is originating if it is:
(a) wholly obtained or produced entirely in the territory of one or both of the Parties by one or more producers as established in Article 3 (Wholly Obtained or Produced Goods);
(b) produced entirely in the territory of one or both of the Parties by one or more producers, exclusively from originating materials; or
(c) produced entirely in the territory of one or both of the Parties by one or more producers using non-originating materials provided the good satisfies all applicable requirements of Annex 2 (Product-Specific Rules of Origin), and the good satisfies all other applicable requirements of this Chapter.
Article 3. Wholly Obtained or Produced Goods
Each Party shall provide that for the purposes of Article 2 (Originating Goods), a good is wholly obtained or produced entirely in the territory of one or both of the Parties if it is:
(a) a plant or plant good, grown, cultivated, harvested, picked or gathered there;
(b) a live animal born and raised there;
(c) a good obtained from a live animal there;
(d) an animal obtained by hunting, trapping, fishing, gathering or capturing there;
(e) a good obtained from aquaculture there;
(f) a mineral or other naturally occurring substance, not included in subparagraphs (a) to (e), extracted or taken from there;
(g) fish, shellfish and other marine life taken from the high seas, by vessels that are entitled to fly the flag of that Party;
(h) a good produced from goods referred to in subparagraph (g) on board a factory ship that is registered, listed or recorded with a Party and entitled to fly the flag of that Party;
(i) a good other than fish, shellfish and other marine life taken by a Party or a person of a Party from the seabed or subsoil outside the territories of the Parties, and beyond areas over which non-Parties exercise jurisdiction provided that Party or person of that Party has the right to exploit that seabed or subsoil in accordance with international law;
(j) a good that is:
(i) waste or scrap derived from production there; or
(ii) waste or scrap derived from used goods collected there, provided that those goods are fit only for the recovery of raw materials; and
(k) a good produced there, exclusively from goods referred to in subparagraphs (a) to (j), or from their derivatives.
Article 4. Treatment of Recovered Materials Used In Production of a Remanufactured Good
1. Each Party shall provide that a recovered material derived in the territory of one or both of the Parties is treated as originating when it is used in the production of, and incorporated into, a remanufactured good.
2. For greater certainty:
(i) a remanufactured good is originating only if it satisfies the applicable requirements of Article 2 (Originating Goods); and
(ii) a recovered material that is not used or incorporated in the production of
a remanufactured good is originating only if it satisfies the applicable requirements of Article 2 (Originating Goods).
Article 5. Regional Value Content
1. Each Party shall provide that a regional value content requirement specified in this Chapter, including related Annexes, to determine whether a good is originating, is calculated as follows:
(a) Build-down Method: Based on Value of Non-Originating Materials
RVC = Value of the Good — VNM x 100
Value of the Good
or
(b) Build-up Method: Based on Value of Originating Materials
RVC = __VOM x 100
Value of the Good
where:
"RVC" is the regional value content of a good, expressed as a percentage;
"VNM" is the value of non-originating materials, including materials of undetermined origin, used in the production of the good; and
"VOM" is the value of originating materials used in the production of the good in the territory of one or both of the Parties.
2. Each Party shall provide that all costs considered for the calculation of regional value content are recorded and maintained in conformity with the Generally Accepted Accounting Principles applicable in the territory of a Party where the good is produced.
Article 6. Materials Used In Production
1. Each Party shall provide that if a non-originating material undergoes further production such that it satisfies the requirements of this Chapter, the material is treated as originating when determining the originating status of the subsequently produced good, regardless of whether that material was produced by the producer of the good. 2. Each Party shall provide that if a non-originating material is used in the production of a good, the following may be counted as originating content for the purpose of determining whether the good meets a regional value content requirement:
(a) the value of processing of the non-originating materials undertaken in the territory of one or both of the Parties; and
(b) the value of any originating material used in the production of the non- originating material undertaken in the territory of one or both of the Parties.
Article 7. Value of Materials Used In Production
Each Party shall provide that for the purposes of this Chapter, the value of a material is:
(a) for a material imported by the producer of the good, the transaction value of the material at the time of importation, including the costs incurred in the international shipment of the good;
(b) for a material acquired in the territory where the good is produced:
(i) the price paid or payable by the producer in the Party where the producer is located;
(ii) the value as determined for an imported material in subparagraph (a); or
(iii) the earliest ascertainable price paid or payable in the territory of the Party; or
(c) for a material that is self-produced:
(b) for a material acquired in the territory where the good is produced:
(i) the price paid or payable by the producer in the Party where the producer is located;
(ii) the value as determined for an imported material in subparagraph (a); or
(iii) the earliest ascertainable price paid or payable in the territory of the Party; or
(c) for a material that is self-produced: