Provide the certifier's name, address (including country), telephone number and e-mail address.
3. Exporter
Provide the exporter's name, address (including country), e-mail address and telephone number if different from the certifier. This information is not required if the producer is completing the certification of origin and does not know the identity of the exporter.
4. Producer
Provide the producer's name, address (including country), e-mail address and telephone number, if different from the certifier or exporter or, if there are multiple producers, state "Various" or provide a list of producers. A person that wishes for this information to remain confidential may state "Available upon request by the importing authorities".
5. Importer
Provide, if known, the importer's name, address, e-mail address and telephone number.
6. Description and HS Tariff Classification of the Good
(a) Provide a description of the good and the HS tariff classification of the good to the 6-digit level. The description should be sufficient to relate it to the good covered by the certification; and
(b) If the certification of origin covers a single shipment of a good, indicate, if known, the invoice number related to the exportation.
7. Origin Criterion
Specify the rule of origin under which the good qualifies.
8. Blanket Period
Include the period if the certification covers multiple shipments of identical goods for a specified period of up to 12 months as set out in Article 18.4 (Claims for Preferential Treatment).
9. Authorised Signature and Date:
The certification must be signed and dated by the certifier and accompanied by the following statement:
I certify that the goods described in this document qualify as originating and the information contained in this document is true and accurate. I assume responsibility for proving such representations and agree to maintain and present upon request or to make available during a verification visit, documentation necessary to support this certification.
Chapter 04. Customs Procedures
Article 1. Purpose and Definitions
1. The purpose of this Chapter is to promote the objectives of this Agreement by simplifying customs procedures in relation to bilateral trade between the Parties.
2. For the purposes of this Chapter:
(a) "customs law" means any statutory and regulatory provisions applicable or enforceable by the respective customs administration of each Party; and
(b) "customs procedures" means the treatment applied by the customs administration of each Party to goods which are subject to customs control.
Article 2. Scope
This Chapter shall apply, in accordance with the Parties' respective national laws, rules and regulations, to customs procedures required for clearance of goods traded between the Parties.
Article 3. General Provisions
1. Customs procedures of both Parties shall conform, where possible and to the extent permitted by their respective domestic laws, rules and regulations, to the standards and recommended practices of the World Customs Organisation, including the principles of the revised International Convention on the Simplification and Harmonisation of Customs Procedures.
2. The customs administrations of both Parties shall periodically review their customs procedures with a view to their further simplification and the development of further mutually beneficial arrangements to facilitate bilateral trade.
3. To the extent permitted by their domestic laws, rules and regulations, the
Customs administrations of both Parties shall provide each other with information to assist in the investigation and prevention of infringements of customs law.
4. Nothing in this Chapter shall be construed to require either Party to furnish or allow access to information the disclosure of which it considers would:
(a) be contrary to the public interest as determined by its law, rules and regulations;
(b) be contrary to any of its laws, rules and regulations including but not limited to those protecting personal privacy or the financial affairs and accounts of individual customers of financial institutions; or
(c) impede law enforcement.
Article 4. Paperless Trading
1. The customs administrations of both Parties, in implementing initiatives which provide for the use of paperless trading, shall take into account the methodologiesagreed in APEC and the World Customs Organisation.
2. The customs administration of each Party shall work towards having electronic means for all its customs reporting requirements as soon as practicable.
3. The customs administration of each Party shall provide electronic systems that support business applications between it and its trading community.
Article 5. Risk Management
1. The Parties shall administer customs procedures at their respective borders so as to facilitate the clearance of low-risk goods and focus on high-risk goods.
2. The Parties shall apply and further develop risk management techniques in the performance of their customs procedures.
Article 6. Sharing of Best Practices
For future cooperative arrangements, both Parties shall facilitate initiatives to enhance further the exchange of information on best practices in relation to customs procedures, including the application of risk management techniques.
Chapter 05. Technical Regulations and Sanitary and Phytosanitary Measures
Article 1. Purposes and Definitions
The purposes of this Chapter are to:
(a) facilitate trade and investment between the Parties through collaborative efforts which minimise the impact of mandatory requirements and/or assessments of manufacturers or manufacturing processes on the goods traded between the Parties, in the most appropriate or cost-effective manner;
(b) complement bilateral agreements and arrangements between the Parties relating to mandatory requirements; and
(c) build on the Mutual Recognition Agreement on Conformity Assessment between the Government of Australia and the Government of the Republic of Singapore.
For the purposes of this Chapter, unless the context otherwise requires or it is otherwise defined in a Sectoral Annex:
(a) "conformity assessment" shall have the same meaning as in the Mutual Recognition Agreement on Conformity Assessment between the Government of Australia and the Government of the Republic of Singapore;
(b) "equivalence" means the state wherein mandatory requirements applied in the territory of the exporting Party, though different from the mandatory requirements applied in the territory of the importing Party, meet the legitimate objective or achieve the appropriate level of sanitary or phytosanitary protection of the mandatory requirements applied in the territory of the importing Party;
(c) "mandatory requirements" means all technical regulations and sanitary and phytosanitary measures as may be set out in a Party's laws, regulations and administrative requirements;
(d) "regulatory authority" means an entity of a Party that exercises a legal right to determine the mandatory requirements, control the import, use or supply of goods within its territory and/or take enforcement action to ensure that goods marketed within its territory comply with its mandatory requirements;
(e) "sanitary or phytosanitary measure" shall have the same meaning as in the WTO Agreement on the Application of Sanitary and Phytosanitary Measures;
(f) "Sectoral Annex" means an annex to this Chapter which specifies the arrangements in respect of a specific product sector; and
(g) "technical regulation" shall have the same meaning as in the WTO Agreement on Technical Barriers to Trade.
Article 2. Scope and Obligations
1. This Chapter shall apply to mandatory requirements adopted or maintained by the Parties to fulfil their legitimate objectives and/or achieve their appropriate level of sanitary or phytosanitary protection.
2. Nothing in this Chapter shall prevent a Party from adopting or maintaining, in accordance with its international rights and obligations:
(a) mandatory requirements, as appropriate to its particular national circumstances; and
(b) mandatory requirements necessary to ensure the quality of its imports, or for the protection of human, animal or plant life or health, or the environment, or for the prevention of deceptive practices or to fulfil other legitimate objectives, at the levels it considers appropriate.
3. Each Party shall retain all authority under its laws to interpret and implement its mandatory requirements. This includes the authority to take appropriate measures for goods that do not conform to the Party's mandatory requirements. Such measures may include withdrawing goods from the market, prohibiting their placement on the market or restricting their free movement, initiating a product recall or prohibiting an import.
4, The provisions of this Chapter shall apply to particular Sectoral Annexes as provided therein.
Article 3. Origin
This Chapter applies to all goods and/or assessments of manufacturers or manufacturing processes of goods traded between the Parties, regardless of the origin of those goods, unless otherwise specified in a Sectoral Annex, or unless otherwise specified by any mandatory requirement of a Party.
Article 4. Harmonisation
The Parties shall, where appropriate, endeavour to work towards harmonisation of their respective mandatory requirements taking into account relevant international standards, recommendations and guidelines, in accordance with their international rights and obligations.
Article 5. Equivalence of Mandatory Requirements
1. The Parties shall give favourable consideration to accepting the equivalence of each other's mandatory requirements consistent with the purpose of this Chapter.
2. A Party shall accept the equivalence of the mandatory requirements, and/or the results of conformity assessment and approval procedures, of the other Party in accordance with the respective Sectoral Annex.
3. For the purposes of Article 5.2, a Sectoral Annex shall provide the following details:
(a) the procedures for determining and implementing the equivalence of each Party's mandatory requirements; and/or
(b) the procedures for accepting the results of the conformity assessment and approval procedures; and
(c) the regulatory authorities designated by each Party.
Article 6. Cooperative Activities on Sanitary and Phytosanitary/quarantine Matters
1. The Parties shall endeavour to develop a work programme and mechanisms for co-operative activities in the areas of technical assistance and capacity building to address plant, animal and public health and food safety issues of mutual interest.
2. The Parties shall, where appropriate, endeavour to develop further the use andproduct coverage of electronic means of data transfer, including electronic health certificates.
Article 7. Conformity Assessment
1. The Parties, through the Joint Committee established by Article 11 of the Mutual Recognition Agreement on Conformity Assessment between the Government of Australia and the Government of the Republic of Singapore, shall consider arrangements additional to those provided for in this Chapter to ensure that differences between the structure, organization and operation of conformity assessment procedures in their respective territories do not unnecessarily impede trade between them.
2. For the purposes of conformity assessment, each Party shall, on the request of the other Party, and in accordance with relevant international obligations and its respective applicable domestic laws, rules and regulations, take reasonable steps to facilitate access in its territory for inspection, testing and other relevant procedures.
3. The Parties affirm their intention to adopt and apply, with such modifications as may be necessary, the principles set out in the APEC Information Notes on Good Regulatory Practice for Technical Regulation with respect to conformity assessment and approval procedures in meeting their international obligations under the WTO Agreement on Technical Barriers to Trade.
Article 8. Exchange of Information, and Consultation
1. The Parties shall provide notification of any changes to their mandatory requirements in accordance with their WTO obligations or in specific cases as appropriate.
2, The Parties shall, within the context of this Chapter, establish contact points to expeditiously:
(a) broaden the exchange of information; and
(b) give favourable consideration to any written request for consultation.
3. The Parties shall, upon a request in writing of either Party and where appropriate, jointly:
(a) identify and develop new Sectoral Annexes for priority sectors for this Chapter;
(b) agree to amend or increase the scope of existing Sectoral Annexes with
a view to minimising the impact of mandatory requirements on goods traded between the Parties; and
(c) agree on a work programme for the implementation of this Article, consistent with the provisions of this Chapter, and implement that work programme expeditiously.
Article 9. Confidentiality
Nothing in this Chapter shall be construed to require either Party to furnish or allow access to information the disclosure of which it considers would:
(a) be contrary to its essential security interests;
(b) be contrary to the public interest as determined by its domestic laws, rules and regulations;
(c) be contrary to any of its domestic laws, rules and regulations, including but not limited to those protecting personal privacy or the financial affairs and accounts of individual customers of financial institutions;
(d) impede law enforcement; or
(e) prejudice legitimate commercial interests of particular enterprises, public or private.
Article 10. Final Provisions on Sectoral Annexes
1. The Parties shall conclude as appropriate Sectoral Annexes which shall provide the implementing arrangements for this Chapter.
2. A Sectoral Annex shall enter into force on the first day of the second month following the date on which the Parties have exchanged notes confirming the completion of their respective procedures for the entry into force of that Sectoral Annex,
3. A Party may terminate a Sectoral Annex in its entirety by giving the other Party six months' advance notice in writing unless otherwise stated in the relevant Sectoral Annex. However, a Party shall continue to accept the results of conformity assessment or equivalence for the duration of the six-month advance notice period.
4. Where urgent problems of safety, health, consumer or environmental protection or national security arise or threaten to arise for a Party, that Party may suspend the operation of any Sectoral Annex, in whole or in part, immediately. In such cases, the Party shall immediately advise the other Party of the nature of the urgent problem, the goods covered and the objective and rationale of the suspension.
Chapter 06. Government Procurement
Article 1. Definitions
For the purposes of this Chapter:
(a) "build-operate-transfer contract and public works concession contract" means a contractual arrangement the primary purpose of which is to provide for the construction or rehabilitation of physical infrastructure, plants, buildings, facilities or other government-owned works and under which, as consideration for a supplier's execution of a contractual atrangement, a procuring entity grants to the supplier, for a specified period of time, temporary ownership or a right to control and operate, and demand payment for the use of those works for the duration of the contract;
(b) "commercial goods or services" means goods or services of a type generally sold or offered for sale in the commercial marketplace to, and customarily purchased by, non-governmental buyers for non- governmental purposes;
(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) "in writing or written" means any worded or numbered expression that can be read, reproduced and may be later communicated. It may include electronically transmitted and stored information;
(e) "limited tendering" means a procurement method whereby the procuring entity contacts a supplier or suppliers of its choice;
(f) "measure" includes any law, regulation, procedure, requirement or practice;
(g) "multi-use list" means a list of suppliers that a procuring entity has determined satisfy the conditions for participation in that list, and that the procuring entity intends to use more than once;
(h) "notice of intended procurement" means a notice published by a procuring entity inviting interested suppliers to submit a request for participation, a tender or both;
(i) "offset" means any condition or undertaking that requires the use of domestic content, a domestic supplier, the licensing of technology, technology transfer, investment, counter-trade or similar action to encourage local development or to improve a Party's balance of payments accounts;
(j) "open tendering" means a procurement method whereby all interested suppliers may submit a tender;
(k) "person" means a natural person or an enterprise;
(l) "procuring entity" means an entity listed in Annex 3;
(m) "publish" means to disseminate information through paper or electronic means that is distributed widely and is readily accessible to the general public;
(n) "qualified supplier" means a supplier that a procuring entity recognises as having satisfied the conditions for participation;
(o) "selective tendering" means a procurement method whereby the procuring entity invites only qualified suppliers to submit a tender;
(p) "services" includes construction services, unless otherwise specified;
(q) "SME" means a small and medium-sized enterprise, including a micro- sized enterprise;
(r) "supplier" means a person or group of persons that provides or could provide a good or service to a procuring entity; and
(s) "technical specification" means a tendering requirement that:
(i) sets out the characteristics of:
(A) goods to be procured, including quality, performance, safety and dimensions, or the processes and methods for their production; or
(B) services to be procured, or the processes or methods for their provision, including any applicable administrative provisions; or
(i) addresses terminology, symbols, packaging, marking or labelling requirements, as they apply to a good or service.
Article 2. Scope
Application of Chapter
1. This Chapter shall apply to any measure regarding covered procurement.
2. For the purposes of this Chapter, covered procurement means government procurement:
(a) of a good, service or any combination thereof as specified in each Party's Schedule to Annex 3;
(b) by any contractual means, including: purchase; rental or lease, with or without an option to buy; build-operate-transfer contracts and public works concessions contracts;
(c) for which the value, as estimated in accordance with paragraph 8, paragraph 9 and paragraph 10, equals or exceeds the relevant threshold specified in a Party's Schedule to Annex 3, at the time of publication of a notice of intended procurement;
(d) by a procuring entity; and
(e) that is not otherwise excluded from coverage under this Agreement.
Activities Not Covered
3. Unless otherwise provided in a Party's Schedule to Annex 3, this Chapter shall not apply to:
(a) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon;
(b) non-contractual agreements or any form of assistance that a Party, including its procuring entities, provides, including cooperative agreements, grants, loans, equity infusions, guarantees, subsidies, fiscal incentives and sponsorship arrangements;
(c) the procurement or acquisition of: fiscal agency or depository services; liquidation and management services for regulated financial institutions; or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities;
(d) public employment contracts; procurement:
(i) conducted for the specific purpose of providing international assistance, including development aid;
(ii) funded by an international organisation or foreign or international grants, loans or other assistance to which procurement procedures or conditions of the international organisation or donor apply. If the procedures or conditions of the international organisation or donor do not restrict the participation of suppliers then the procurement shall be subject to Article 4.1 (General Principles); or
(iii) conducted under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project;
(f) procurement of a good or service outside the territory of the Party of the procuring entity, for consumption outside the territory of that Party; and
(g) procurement of asset management and financial advisory services pertaining to reserves held by each Party's Government or its entities.