Australia - Singapore FTA (2003)
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Existing Measures:

32.

Sector: All

Sub-Sector:

Industry Classification:

Obligations Concerned: Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment)

Description: Investment and Cross-Border Trade in Services

Singapore reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.

Singapore reserves the right to adopt or maintain any measure that accords differential treatment to ASEAN member states under any ASEAN agreement open to participation by any ASEAN member state, in force or signed after the date of entry into force of this Agreement.

Singapore reserves the right to adopt or maintain any measure that accords differential treatment to countries under any international agreement in force or signed after the date of entry into force of this Agreement involving:

(a) aviation matters;

(b) maritime matters and services auxiliary to maritime matters;

(c) port matters;

(d) land transport matters; and

(e) telecommunication matters.

Existing Measures:

Annex 7. Code of conduct for arbitrators appointed under chapter 8 (investment) and chapter 16 (dispute settlement)

Definitions

For the purposes of this Annex, unless otherwise specified:

"arbitrator" means a member of a tribunal appointed under Article 27 (Selection of Arbitrators) of Chapter 8 (Investment) or Article 5 (Composition of Arbitral Tribunals) of Chapter 16 (Dispute Settlement) .

"proceeding" means a tribunal proceeding under Chapter 8 (Investment) or Chapter 16 (Dispute Settlement).

Responsibilities to the Process

1. Every arbitrator shall avoid impropriety and the appearance of impropriety, shall be independent and impartial, shall avoid direct and indirect conflicts of interests and shall observe high standards of conduct so that the integrity and impartiality of the dispute settlement process are preserved. Former arbitrators shall comply with the obligations established in paragraphs 17, 18, 19 and 20.

Disclosure Obligations

2. Prior to confirmation of his or her selection as an arbitrator under this Agreement, a candidate shall disclose any interest, relationship or matter that is likely to affect his or her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters.

3. Once selected, an arbitrator shall continue to make all reasonable efforts to become aware of any interests, relationships and matters referred to in paragraph 2 and shall disclose them by communicating them in writing to the Parties for their consideration. The obligation to disclose is a continuing duty, which requires an arbitrator to disclose any such interests, relationships and matters that may arise during any stage of the proceeding.

Performance of Duties by Arbitrators

4. An arbitrator shall comply with the provisions of Chapter 8 (Investment) and Chapter 16 (Dispute Settlement) and the applicable rules of procedure.

5. On selection, an arbitrator shall perform his or her duties thoroughly and expeditiously throughout the course of the proceeding with fairness and diligence.

6. An arbitrator shall not deny other arbitrators the opportunity to participate in all aspects of the proceeding.

7. An arbitrator shall consider only those issues raised in the proceeding and necessary to rendering a decision and shall not delegate the duty to decide to any other person.

8. An arbitrator shall take all appropriate steps to ensure that any staff he or she may appoint, with the approval of the Parties, are aware of, and comply with paragraphs 1, 2, 3, 18, 19 and 20.

9. An arbitrator shall not engage in ex parte contacts concerning the proceeding.

10. An arbitrator shall not communicate matters concerning actual or potential violations of this Annex unless the communication is to both Parties or is necessary to ascertain whether an arbitrator has violated or may violate this Annex.

Independence and Impartiality of Arbitrators

11. An arbitrator shall be independent and impartial. An arbitrator shall act in a fair manner and shall avoid creating an appearance of impropriety or bias.

12. An arbitrator shall not be influenced by self-interest, outside pressure, political considerations, public clamour, loyalty to a disputing party or non-disputing Party, or fear of criticism.

13. An arbitrator shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of the arbitrator's duties.

14. An arbitrator shall not use his or her position on the tribunal to advance any personal or private interests. An arbitrator shall avoid actions that may create the impression that others are in a special position to influence the arbitrator. An arbitrator shall make every effort to prevent or discourage others from representing themselves as being in such a position.

15. An arbitrator shall not allow past or existing financial, business, professional, family or social relationships or responsibilities to influence the arbitrator's conduct or judgment.

16. An arbitrator shall avoid entering into any relationship, or acquiring any financial interest, that is likely to affect the arbitrator's impartiality or that might reasonably create an appearance of impropriety or bias.

Duties in Certain Situations

17. An arbitrator or former arbitrator shall avoid actions that may create the appearance that the arbitrator was biased in carrying out the arbitrator's duties or would benefit from the decision or ruling of the tribunal.

Maintenance of Confidentiality

18. An arbitrator or former arbitrator shall not at any time disclose or use any non- public information concerning the proceeding or acquired during the proceeding except for the purposes of the proceeding and shall not, in any case, disclose or use any such information to gain personal advantage or advantage for others or to affect adversely the interest of others.

19. An arbitrator shall not disclose a tribunal ruling or parts thereof prior to its publication except in accordance with Chapter 8 (Investment) and Chapter 16 (Dispute Settlement).

20. An arbitrator or former arbitrator shall not at any time disclose the deliberations of a tribunal, or any arbitrator's view except as required by law.

Additional procedures relating to disputes under Chapter 16 (Dispute Settlement):

For the purposes of paragraphs 21, 22, 23 and 24;

"arbitrator" means a member of a tribunal appointed under Article 5 (Composition of Arbitral Tribunals) of Chapter 16 (Dispute Settlement); and

"proceeding" means a tribunal proceeding under Chapter 16 (Dispute Settlement).

21. If a Party considers that an arbitrator has violated the Code of Conduct, it shall notify the other Party and seek to reach agreement as to whether or not there has been a violation no later than 10 days after the notification.

22. If the Parties agree that an arbitrator has violated this Code of Conduct, they may remove the arbitrator, waive the violation, or request the arbitrator to take steps within a specified time period to cease or ameliorate the violation. If the Parties agree to waive the violation or determine that, after taking steps, the violation has ceased, the arbitrator may continue to serve on the tribunal.

23. If a selected arbitrator is removed pursuant to paragraph 22, the Parties shall select a replacement as expeditiously as possible in accordance with the selection procedure that was followed to select that arbitrator pursuant to Article 5 (Composition of Arbitral Tribunals) of Chapter 16 (Dispute Settlement).

24. Any time period applicable to a proceeding shall be suspended for a period beginning on the date an arbitrator dies, withdraws, is removed, is authorised to take steps to seek to cease or ameliorate a violation, or otherwise becomes unavailable, and ending on the date specified for taking steps to cease or ameliorate the violation, a replacement is selected, or the violation has ceased.

Singapore's note

MFA/TPN NO. /2003

The Ministry of Foreign Affairs of the Republic of Singapore presents its compliments to the Australian High Commission in Singapore and has the honour to refer to the Singapore-Australia Free Trade Agreement ("the Agreement") done at ____on _____2003.

The Ministry notes that in the course of negotiations of the Agreement, both Parties to the Agreement reached the following understandings with respect to the various parts of the Agreement:

I. UNDERSTANDING

1. The Parties understand that nothing in the Agreement shall prevent a Party from taking any action it considers necessary to protect critical communications infrastructure from deliberate attempts intended to disable or degrade such infrastructure.

2. Taking note of Article 13 (Security Exceptions) of Chapter 2 (Trade in Goods), Article 14 (Exceptions) of Chapter 6 (Government Procurement), Article 19 (Security Exceptions) of Chapter 7 (Trade in Services) and Article 20 (Security Exceptions) of Chapter 8 (Investment), the Parties understand that nothing in each of these Chapters shall prevent a Party from taking any action it considers necessary to protect its essential security interests in a domestic emergency declared by a Party in accordance with its domestic laws.

3. In relation to Article 4 (National Treatment) of Chapter 7 (Trade and Services) and Article 3 (National Treatment) of Chapter 8 (Investment), the Parties understand that the application of these provisions to central and regional levels of governments shall be consistent with the approach they have adopted in scheduling their commitments pursuant to Article XVII of the WTO General Agreement on Trade in Services.

4. Notwithstanding Section (V) (Note to Singapore's Commitments for Financial Services) of Annex 4-III (Additional Commitments to Chapter 7 (Trade in Services) and Chapter 8 (Investment)), Singapore shall, at such time it lifts its numerical quota on Wholesale Bank licences under its Free Trade Agreement with the United States of America, do the same with respect to Australia, provided that the grant of Wholesale Bank licences would be subject to the relevant admission criteria.

5. With respect to Articles 19 (General Exceptions) and 20 (Security Exceptions) of Chapter 8 (Investment), Singapore agrees to offer immediately to Australia unilaterally and unconditionally any differences in the General Exceptions or Security Exceptions provisions agreed in its Free Trade Agreement with the United States of America,

6. With respect to Article 16 (Industry Development) of Chapter 6 (Government Procurement), it is understood that:

(a) measures taken by a Party to assist its small and medium enterprises (SMEs) may include measures such as those listed in the Australian Commonwealth Procurement Guidelines in force as on the date of entry into force of the Agreement. To the extent possible, the Parties shall endeavour to ensure that such measutes are not applied for trade protectionist purposes; and

(b) a Party shall, wherever practicable, give reasonable notice to the other Party prior to adopting any new measure relating to SME participation in government procurement.

7. With respect to Singapore's reservation on Air Transport Services (ground handling services) in Annex 4-I(B) of the Chapter on Trade in Services, the Parties,

upon the conclusion of the on-going negotiations on a new Air Services Agreement between them, will discuss this reservation with a view to reducing the scope of the reservation, and to align the reservation with the outcome of the aforesaid negotiations. In this regard, any necessary amendment to the reservation will be made pursuant to Article 7 (Amendments) of Chapter 17 (Final Provisions).

8. With respect to section (III) (Waiver and Modifications of Statutory Conditions governing Joint Law Ventures and Formal Law Alliances in Singapore) of Annex 4-III (Additional Commitments to Chapter 7 (Trade in Services) and Chapter 8 (Investment)), Singapore agrees to extend to Australia treatment no less favourable than that granted to the United States under the US-Singapore Free Trade Agreement.

Il. REVIEW OF AGREEMENT

9. At the first review of the Agreement provided under Article 3 (Review) of Chapter 17 (Final Provisions), the Parties shall:

(a) in the context of Chapter 8 (Investment), consider the inclusion of a provision relating to performance requirements using as a guide the illustrative list in the WTO Agreement on Trade-Related Investment Measures or similar provisions in other international investment agreements;

(b) in the context of the Chapter 8 (Investment), consider the incorporation of a provision relating to "taxation measures as expropriation" using the proposed clause set out in Appendix I and the footnote therein as the basis for future discussion;

(c) consider Singapore's request to incorporate in the Agreement commitments on non-discriminatory treatment of digital products, which Singapore understands to include software, and to consider Singapore's request for the application of such non-discriminatory treatment to the procurement practices of Australian entities covered by Chapter 6 (Government Procurement) for software created, produced or distributed by Singapore's suppliers;

(d) with respect to Chapter 10 (Telecommunications Services), either Party may initiate consultations in order to review the scope and operation of Article 9.8 within six months of the passage of any laws relating to the interconnection dispute resolution process in Australia with a view to negotiating appropriate amendments to this paragraph;

(e) with respect to paragraphs 2(a) and 2(b) in Part I (Singapore's Commitments) of Section (II) (Recognition of Law Degrees for Admission as Qualified Lawyers) of Annex 4-III (Additional Commitments to Chapter 7 (Trade in Services) and Chapter 8 (Investment)) relating to the Recognition of Law Degrees for Admission as qualified lawyers, consider Australia's request to include up to 2 additional Australian Universities into the First Schedule to the Legal Profession (Qualified Persons) Rules (S357/2001) and review the 30% criterion; and

(f) with respect to Article 16 (Industry Development) of Chapter 6 (Government Procurement), review the use of measures covered by this Article, in the light of the objectives of the Chapter, and consult on ways of addressing any concems raised by either Party.

10. In respect of Chapter 3 (Rules of Origin), Australia expects that a large proportion of Singapore's exports to Australia, that were dutiable prior to the date the Agreement enters into force, will become duty free over time. Where Singapore considers that this expectation has not been met, the Parties shall enter into consultations with a view to reviewing the provisions of Chapter 3 (Rules of Origin).

The Ministry has the honour to propose to the High Commission that this Note together with the High Commission's Note in reply shall constitute an understanding between Singapore and Australia as from the date the Agreement enters into force.

The Ministry of Foreign Affairs of the Republic of Singapore avails itself of this opportunity to renew to the Australian High Commission in Singapore the assurances of its highest consideration.

APPENDIX I. Article xx* taxation measures as expropriation

1. Article 9 (Expropriation and Nationalisation) shall apply to taxation measures, to the extent that such taxation measures constitute expropriation as provided for in paragraph 1 of Article 9 (Expropriation and Nationalisation).

2. Where paragraph 1 above applies, Article 14 (Settlement of Disputes between a Party and an Investor of the other Party) shall also apply in respect of taxation measures.

Footnote :

* With reference to Articles 9 (Expropriation and Nationalisation) and XX (Taxation Measures as Expropriation), in assessing whether a taxation measure constitutes expropriation, the following considerations are relevant:

(i) the imposition of taxes does not generally constitute expropriation. The mere introduction of new taxation measures or the imposition of taxes in more than one jurisdiction in respect of an investment, does not in and of itself constitute expropriation;

(ii) taxation measures which are consistent with internationally recognised tax policies, principles and practices do not constitute expropriation. In particular, taxation measures aimed at preventing the avoidance or evasion of taxes should not, generally, be considered to be expropriatory; and

(iii) taxation measures which are applied on a non-discriminatory basis, as opposed to being targeted at investors of a particular nationality or specific individual taxpayers, are less likely to constitute expropriation. A taxation measure should not constitute expropriation if, when the investment is made, it was already in force, and information about the measure was made public or otherwise made publicly available.

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  • 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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  • 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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  • 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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  • 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