Australia - Singapore FTA (2003)
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(i) all the costs incurred in the production of the material, which includes general expenses; and

(i) an amount equivalent to the profit added in the normal course of trade, or equal to the profit that is usually reflected in the sale of goods of the same class or kind as the self-produced material that is being valued.

Article 8. Further Adjustments to the Value of Materials

1. Each Party shall provide that for an originating material, the following expenses may be added to the value of the material, if not included under Article 7 (Value ofMaterials Used in Production):

(a) the costs of freight, insurance, packing and all other costs incurred to transport the material to the location of the producer of the good;

(b) duties, taxes and customs brokerage fees on the material, paid in the territory of one or both of the Parties, other than duties and taxes that are waived, refunded, refundable or otherwise recoverable, which include credit against duty or tax paid or payable; and

(c) the cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of reusable scrap or by- product.

2. Each Party shall provide that, for a non-originating material or material of undetermined origin, the following expenses may be deducted from the value of the material:

(a) the costs of freight, insurance, packing and all other costs incurred in transporting the material within the territories of the Parties to the location of the producer of the good;

(b) duties, taxes and customs brokerage fees on the material paid in the territory of one or both of the Parties, other than duties and taxes that are waived, refunded, refundable or otherwise recoverable, which include credit against duty or tax paid or payable; and

(c) the cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of reusable scrap or by- product.

3. If the cost or expense listed in paragraph 1 or 2 is unknown or documentary evidence of the amount of the adjustment is not available, then no adjustment is allowed for that particular cost.

Article 9. Accumulation

1. Each Party shall provide that an originating good or material of one of the Parties that is used in the production of another good in the territory of the other Party is considered as originating in the territory of the other Party.

2. Each Party shall provide that production undertaken on a non-originating material in the territory of one or both of the Parties by one or more producers may contribute toward the originating content of a good for the purpose of determining its origin, regardless of whether that production was sufficient to confer originating status to the material itself.

Article 10. De Minimis

1. Each Party shall provide that a good that contains non-originating materials that do not satisfy the applicable change in tariff classification requirement specified in Annex 2 (Product-Specific Rules of Origin) for the good is nonetheless an originating good if:

(a) the value of all these materials does not exceed 10 per cent of the value of the good, as defined under Article 5 (Regional Value Content), and the good meets all the other applicable requirements of this Chapter; or

(b) for a good classified in Chapters 50 through 63 of the Harmonized System, the total weight of all such materials does not exceed 10 per cent of the total weight of the good, or the total value of all such materials does not exceed 10 per cent of the value of the good.

2. Paragraph 1 applies only when using a non-originating material in the production of another good.

Article 11. Fungible Goods or Materials

Each Party shall provide that a fungible good or material is treated as originating based on the:

(a) physical segregation of each fungible good or material; or

(b) use of any inventory management method recognised in the Generally Accepted Accounting Principles if the fungible good or material is commingled, provided that the inventory management method selected is used throughout the fiscal year of the person that selected the inventory management method.

Article 12. Accessories, Spare Parts, Tools and Instructional or other Information Materials

1. Each Party shall provide that:

(a) in determining whether a good is wholly obtained, or satisfies a process or change in tariff classification requirement as set out in Annex 2 (Product-Specific Rules of Origin), accessories, spare parts, tools or instructional or other information materials, as described in paragraph 3, are to be disregarded; or

(b) in determining whether a good meets a regional value content requirement, the value of the accessories, spare parts, tools or instructional or other information materials, as described in paragraph 3, are to be taken into account as originating or non-originating materials, as the case may be, in calculating the regional value content of the good.

2. Each Party shall provide that a good's accessories, spare parts, tools or instructional or other information materials, as described in paragraph 3, have the originating status of the good with which they are delivered.

3. For the purposes of this Article, accessories, spare parts, tools, and instructional or other information materials are covered when:

(a) the accessories, spare parts, tools and instructional or other information materials are classified with, delivered with but not invoiced separately from the good; and

(b) the types, quantities, and value of the accessories, spare parts, tools and instructional or other information materials are customary for that good.

Article 13. Packaging Materials and Containers for Retail Sale

1. Each Party shall provide that packaging materials and containers in which a good is packaged for retail sale, if classified with the good, are disregarded in determining whether all the non-originating materials used in the production of the good have satisfied the applicable process or change in tariff classification requirement set out in Annex 2 (Product-Specific Rules of Origin) or whether the good is wholly obtained or produced.

2. Each Party shall provide that if a good is subject to a regional value content requirement, the value of the packaging materials and containers in which the good is packaged for retail sale, if classified with the good, are taken into account as originating or non-originating, as the case may be, in calculating the regional value content of the good.

Article 14. Packing Materials and Containers for Shipment

Each Party shall provide that packing materials and containers for shipment are disregarded in determining whether a good is originating.

Article 15. Indirect Materials

Each Party shall provide that an indirect material is considered to be originating without regard to where it is produced.

Article 16. Sets of Goods

1. Each Party shall provide that for a set classified as a result of the application of tule 3(a) or 3(b) of the General Rules for the Interpretation of the Harmonized System, the originating status of the set shall be determined in accordance with the product- specific rule of origin that applies to the set.

2. Each Party shall provide that for a set classified as a result of the application of tule 3(c) of the General Rules for the Interpretation of the Harmonized System, the set is originating only if each good in the set is originating and both the set and the goods meet the other applicable requirements of this Chapter.

3. Notwithstanding paragraph 2, for a set classified as a result of the application of rule 3(c) of the General Rules for the Interpretation of the Harmonized System, the set is originating if the value of all the non-originating goods in the set does not exceed 10 per cent of the value of the set.

4. For the purposes of paragraph 3, the value of the non-originating goods in the set and the value of the set shall be calculated in the same manner as the value of non- originating materials and the value of the good.

Article 17. Transit and Transhipment

1. Each Party shall provide that an originating good retains its originating status if the good has been transported to the importing Party without passing through the territory of a non-Party.

2. Each Party shall provide that if an originating good is transported through the territory of one or more non-Parties, the good retains its originating status provided that the good does not undergo any operation outside the territories of the Parties other than: unloading; reloading; separation from a bulk shipment; storing; labelling or marking required by the importing Party; or any other operation necessary to preserve it in good condition or to transport the good to the territory of the importing Party.

Section B. Origin Procedures

Article 18. Claims for Preferential Treatment

1. Each Party shall provide that an importer may make a claim for preferential tariff treatment, based on a certification of origin completed by the exporter, producer or importer or an authorised representative of the exporter, producer or importer. (2)

2. Each Party shall provide that a certification of origin:

(a) need not follow a prescribed format;

(b) be in writing, including electronic format;

(c) specifies that the good is both originating and meets the requirements of this Chapter; and

(d) contains a set of minimum data requirements as set out in Annex 3-A (Minimum Data Requirements).

3. Each Party shall provide that a certification of origin may apply to: (a) a single shipment of a good into the territory of a Party; or

(b) multiple shipments of identical goods within any period specified in the certification of origin, but not exceeding 12 months.

4. Each Party shall provide that a certification of origin is valid for one year after the date that it was issued or for such longer period specified by the laws and regulations of the importing Party.

5. Each Party shall allow an importer to submit a certification of origin in English.

(2) This article does not prevent parties maintaining laws and regulations governing the issuance of certificates of origin.

Article 19. Basis of a Certification of Origin

1. Each Party shall provide that if a producer certifies the origin of a good, the certification of origin is completed on the basis of the producer having information that the good is originating.

2. Each Party shall provide that if the exporter is not the producer of the good, a certification of origin may be completed by the exporter of the good on the basis of:

(a) the exporter having information that the good is originating; or

(b) reasonable reliance on the producer's information that the good is originating.

3. Each Party shall provide that a certification of origin may be completed by the importer of the good on the basis of:

(a) the importer having documentation that the good is originating; or

(b) reasonable reliance on supporting documentation provided by the exporter or producer that the good is originating.

4. Each Party shall provide that a certification of origin may be completed by an authorised representative of a producer, exporter or importer of the good on the basis of:

(a) the authorised representative having documentation that the good is originating; or

(b) reasonable reliance on supporting documentation provided by the producer, exporter or importer that the good is originating.

5. For greater certainty, nothing in paragraph 1 or paragraph 2 shall be construed to allow a Party to require an exporter or producer to complete a certification of origin or provide a certification of origin to another person.

Article 20. Discrepancies

Each Party shall provide that it shall not reject a certification of origin due to minor errors or discrepancies in the certification of origin.

Article 21. Waiver of Certification of Origin

Neither Party shall require a certification of origin if:

(a) the customs value of the importation does not exceed 1000 Australian dollars for Australia or the equivalent amount in the importing Party's currency or any higher amount as the importing Party may establish; or

(b) it is for an importation of a good for which the importing Party has waived the requirement for a certificate of origin, provided that the importation does not form part of a series of importations carried out or planned for the purpose of evading compliance with the importing Party's laws governing claims for preferential tariff treatment under this Agreement.

Article 22. Obligations Relating to Importation

1. Except as otherwise provided for in this Chapter, each Party shall provide that, for the purpose of claiming preferential tariff treatment, the importer shall:

(a) make a declaration (3) that the good qualifies as an originating good;

(b) have a valid certification of origin in its possession at the time the declaration referred to in subparagraph (a) is made; and

(c) provide a copy of the certification of origin to the importing Party if required by the Party.

2. Each Party shall provide that, if the importer has reason to believe that the certification of origin is based on incorrect information that could affect the accuracy or validity of the certification of origin, the importer shall correct the importation document and pay any customs duty and, if applicable, penalties owed.

3. No importing Party shall subject an importer to a penalty for making an invalid claim for preferential tariff treatment if the importer, on becoming aware that such a claim is not valid and prior to discovery of the error by that Party, voluntarily corrects the claim and pays any applicable customs duty under the circumstances provided for in the Party's law.

(3) A Party shall specify its declaration requirements in its laws, regulations or procedures that are published or otherwise made available in a manner as to enable interested persons to become acquainted with them.

Article 23. Obligations Relating to Exportation

Each Party shall provide that an exporter or a producer, or their authorised representative, that has completed and signed a certificate of origin, shall, on request, provide a copy of the certificate of origin and such other documents to its customs administration, if required by the Party's laws and regulations.

Article 24. Record Keeping Requirements

1. Each Party shall provide that an importer claiming preferential tariff treatment for a good imported into the territory of that Party shall maintain, for a period of no less than five years from the date of importation of the good:

(a) the documentation related to the importation, including the certification of origin that served as the basis for the claim; and

(b) all records necessary to demonstrate that the good is originating and qualified for preferential tariff treatment, if the claim was based on a certification of origin completed by the importer.

2. Each Party shall provide that a producer or exporter in its territory that provides a certification of origin shall maintain, for a period of no less than five years from the date the certification of origin was issued, all records necessary to demonstrate that a good for which the exporter or producer provided a certification of origin is originating. Each Party shall endeavour to make available information on types of records that may be used to demonstrate that a good is originating.

3. Each Party shall provide that an importer, exporter or producer in its territory may choose to maintain the records specified in paragraph 1 and paragraph 2 in any medium that allows for prompt retrieval, including electronic, optical, magnetic or written form in accordance with that Party's law.

Article 25. Verification of Origin

1. For the purposes of determining whether a good imported into a Party from the other Party qualifies as an originating good, the customs administration of the importing Party may conduct a verification action by means of:

(a) written requests for information from the importer;

(b) written requests for information from the exporter or producer of the exporting Party;

(c) requests that the customs administration of the exporting Party assist in verifying the origin of the good; or

(d) verification visits to the premises of the exporter or the producer in the territory of the other Party to observe the facilities and the production processes of the good and to review the records referring to origin, including accounting records.

2. For the purposes of paragraph 1(a) and paragraph 1(b), the customs administration shall allow the importer, exporter, or producer a period of 30 days from the date of the written request to respond. During this period the importer, exporter, or producer may request, in writing, an extension not exceeding 30 days.

3. For the purposes of this Article and Article 26 (Verification Visit), all the information requested by the importing Party and responded to by the exporting Party shall be communicated in English.

4. The customs administration of the importing Party shall complete any action under paragraph 1 to verify eligibility for preferential tariff treatment within the period specified in the laws, regulations or administrative procedures of the importing Party. Upon completion of the verification action, the customs administration shall provide written advice to the importer, exporter or producer of its decision as well as the legal basis and findings of fact on which the decision was made within 90 days.

5. Where a verification visit was undertaken, the customs administration shall also provide advice of the decision to the exporting Party.

Article 26. Verification Visit

1. Prior to conducting a verification visit under Article 25.1(d) (Verification of Origin), the customs administration of the importing Party shall:

(a) make a written request to the exporter or producer to conduct a verification visit of their premises; and

(b) obtain the written consent of the exporter or producer whose premises are to be visited.

2. An exporter or producer should provide its written consent to a proposed verification visit within 30 days from the receipt of notification in accordance with paragraph 1(a).

3. The written request referred to in paragraph 1(a) shall include:

(a) the identity of the customs administration issuing the request;

(b) the name of the exporter of the good in the exporting Party to whom the request is addressed;

(c) the date the written request is made;

(d) the proposed date and place of the visit;

(e) the objective and scope of the proposed visit, including specific reference to the good that is the subject of the verification referred to in the certificate of origin; and

(f) the names and titles of the officials of the customs administration of the importing Party who will participate in the visit.

4. The customs administration of the importing Party shall notify the customs administration of the exporting Party when it requests a verification visit in accordance with this Article.

5. Officials of the customs administration of the exporting Party may participate in the verification visit as observers.

Article 27. Determinations on Claims for Preferential Tariff Treatment

1. Except as otherwise provided in paragraph 2, each Party shall grant a claim for preferential tariff treatment made on or after the date of entry into force of this Agreement for that Party.

2. The importing Party may deny a claim for preferential tariff treatment if:

(a) it determines that the good does not qualify for preferential treatment;

(b) pursuant to a verification under Article 25 (Verification of Origin), it has not received sufficient information to determine that the good qualifies as originating;

(c) the exporter, producer or importer fails to respond to a written request for information in accordance with Article 25 (Verification of Origin);

(d) after receipt of a written notification for a verification visit, the exporter or producer does not provide its written consent in accordance with Article 25 (Verification of Origin); or

(e) the importer, exporter or producer fails to comply with the requirements of this Chapter.

3. If an importing Party denies a claim for preferential tariff treatment, it shall issue a determination to the importer that includes the reasons for the determination.

4. A Party shall not reject a claim for preferential tariff treatment for the sole reason that the invoice was issued in a non-Party.

Article 28. Refunds and Claims for Preferential Tariff Treatment after Importation

1. Each Party shall provide that an importer may apply for preferential tariff treatment and a refund of any excess duties paid for a good if the importer did not make a claim for preferential tariff treatment at the time of importation, provided that the good would have qualified for preferential tariff treatment when it was imported into the territory of the Party.

2. As acondition for preferential tariff treatment under paragraph 1, the importing Party may require that the importer:

(a) make a claim for preferential tariff treatment;

(b) provide a statement that the good was originating at the time of importation;

(c) provide a copy of the certification of origin; and

(d) provide such other documentation relating to the importation of the good as the importing Party may require,

no later than one year after the date of importation or a longer period if specified in the importing Party's law.

Article 29. Penalties

A Party may establish or maintain appropriate penalties for violations of its laws and regulations related to this Chapter.

Article 30. Confidentiality

Each Party shall maintain the confidentiality of the information collected in accordance with this Chapter and shall protect that information from disclosure that could prejudice the competitive position of the person providing the information.

Section C. Other Matters

Article 31. Consultation on Rules of Origin and Origin Procedures

1. The Parties shall consult regularly to ensure that this Chapter is administered effectively, uniformly and consistently with the spirit and objectives of this Agreement, and shall cooperate in the administration of this Chapter.

2. The Parties shall consult to discuss possible amendments or modifications to this Chapter and its Annexes, taking into account developments in technology, production processes or other related matters.

3. Prior to the entry into force of an amended version of the Harmonized System, the Committee shall consult to prepare updates to this Chapter that are necessary to reflect changes to the Harmonized System.

ANNEX 3-A. Minimum data requirements

A certification of origin that is the basis for a claim for preferential tariff treatment under this Agreement shall include the following elements:

1. Importer, Exporter, Producer or Authorised Representative Certification of Origin

Indicate whether the certifier is the exporter, producer or importer or an authorised representative of the exporter, produce or importer in accordance with Article 18 (Claims for Preferential Treatment).

2. Certifier

  • 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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  • 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