Article 103. Language
1. All proceedings pursuant to this Chapter shall be conducted in the English language.
2. Any document submitted for use in any proceedings pursuant to this Chapter shall be in the English language. If any original document is not in the English language, the Party submitting it for use in the proceedings pursuant to this Chapter shall provide an English translation of that document.
Article 104. Expenses
1. Each Party shall bear the costs of its appointed arbitrator and its own expenses and legal costs.
2. The costs of the chair of the arbitral tribunal and other expenses associated with the conduct of its proceedings shall be borne in equal parts by the Parties.
Chapter 13. Exceptions
Article 105. General Exceptions
1. For the purposes of Chapters 3 (Trade in Goods), 4 (Rules of Origin), 5 (Customs Procedures), 6 (Trade Remedies) and 7 (Technical Barriers to Trade, Sanitary and Phytosanitary Measures), Article XX of the GATT 1994 and its interpretive notes are incorporated into and made part of this Agreement, mutatis mutandis.
2. For the purposes of Chapter 8 (Cross-Border Trade in Services), subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Party, or a disguised restriction on cross-border trade in services, nothing in this Agreement shall be construed to prevent the adoption or enforcement by either Party of measures:
(a) necessary to protect public morals or to maintain public order; (16)
(b) necessary to protect human, animal or plant life or health; (c) necessary to secure compliance with laws or regulations which are not inconsistent with this Agreement including those relating to:
(i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on services contracts;
(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts;
(iii) safety;
(d) inconsistent with Article 4 (National Treatment) of Chapter 8 (Cross-Border Trade in Services), provided that the difference in treatment is aimed at ensuring the equitable or effective (17) imposition or collection of direct taxes in respect of services or service suppliers of the other Party.
(e) inconsistent with Article 5 (Most-Favoured-Nation Treatment) of Chapter 8 (Cross-Border Trade in Services), provided that the difference in treatment is the result of any tax convention.
Article 106. Security Exceptions
Nothing in this Agreement shall be construed:
(a) to require a Party to furnish any information, the disclosure of which it considers contrary to its essential security interests; or
(b) to prevent a Party from taking any action which it considers necessary for the protection of its essential security interests:
(i) relating to the supply of services as carried out directly or indirectly for the purpose of provisioning a military establishment;
(ii) relating to fissionable and fusionable materials or the materials from which they are derived;
(iii) taken in time of war or other emergency in international relations; or
(iv) relating to protection of critical public infrastructure, including critical communication infrastructure, from deliberate attempts intended to disable or degrade such infrastructures; or
(c) to prevent a Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
Article 107. Restrictions to Safeguard the Balance-of-payments
1. In the event of serious balance-of-payments and external financial difficulties or threat thereof, a Party may:
(a) in the case of trade in goods, adopt restrictive import measures in accordance with the GATT 1994 and the Understanding on the Balance-of-Payments Provisions of the GATT 1994;
(b) in the case of trade in services, adopt or maintain restrictions on which it has undertaken commitments, including on payments or transfers for transactions related to such commitments. It is recognised that particular pressures on the balance-of-payments of a Party in the process of economic development or economic transition may necessitate the use of restrictions to ensure, inter alia, the maintenance of a level of financial reserves adequate for the implementation of its programme of economic development or economic transition.
2. The restrictions referred to in paragraph 1:
(a) shall be consistent with the Articles of Agreement of the International Monetary Fund;
(b) shall avoid unnecessary damage to the commercial, economic and financial interests of the other Party;
(c) shall not exceed those necessary to deal with the circumstances described in paragraph 1;
(d) shall be temporary and be phased out progressively as the situation specified in paragraph 1 improves.
3. In determining the incidence of such restrictions, the Parties may give priority to economic sectors which are more essential to their economic or development programmes. However, such restrictions shall not be adopted or maintained for the purpose of protecting a particular sector.
4. Any restrictions adopted or maintained under paragraph 1, or any changes therein, shall be promptly notified to the other Party.
Chapter 14. General and Final Provisions
Article 108. Scope of Application
This Agreement shall apply to:
(a) in respect of the People's Republic of China, the entire customs territory of the People's Republic of China according to the WTO definition at the time of her accession to the WTO on 11 December 2001. For this purpose, for the People's Republic of China, "territory" in this Agreement refers to the customs territory of the People's Republic of China; and
(b) in respect of the Republic of Singapore, its land territory, internal waters and territorial sea and any maritime area situated beyond the territorial sea which has been or might in the future be designated under its national law, in accordance with international law, as an area within which Singapore may exercise rights with regards to the sea, the sea-bed, the subsoil and the natural resources.
Article 109. State, Regional and Local Government
In fulfilling its obligations and commitments under this Agreement, each Party shall ensure their observance by regional and local governments and authorities in its territory as well as their observance by non-governmental bodies (in the exercise of powers delegated by central, state, regional or local governments or authorities) within its territory.
Article 110. Contact Point
Each Party shall designate a contact point to facilitate communications between the Parties on any matter covered by this Agreement. On the request of a Party, the contact point of the requested Party shall facilitate communication with the requesting Party.
Article 111. Implementation and Review
1. The Parties shall establish an FTA Joint Committee to be chaired jointly by their respective Ministers or their designees, in order to supervise the implementation of this Agreement and also to review this Agreement.
2. The FTA Joint Committee may establish and delegate responsibilities to ad hoc and standing committees or working groups based on mutually agreed terms of reference and composition thereof.
3. The FTA Joint Committee shall:
(a) monitor and review the general functioning of this Agreement;
(b) review specific matters related to the operation and implementation of this Agreement;
(c) study and recommend appropriate measures to resolve any issues arising from the implementation or application of any part of this Agreement;
(d) consider, at either Party's request, further concessions or issues not already dealt with by this Agreement;
(e) facilitate the avoidance and settlement of disputes arising under this Agreement, including through consultations pursuant to the provisions of Chapter 12 (Dispute Settlement);
(f) consider and adopt any amendment to this Agreement or other modification to the commitments therein, subject to the completion of necessary domestic legal procedures by each Party;
(g) as appropriate, issue interpretations of this Agreement;
(h) consider ways to further the objectives of this Agreement; and/or
(i) take such other actions as the Parties may agree.
4. Unless the Parties otherwise agree, the FTA Joint Committee shall convene:
(a) within a year of the date of entry into force of this Agreement and then in regular session every year, with such sessions to be held alternately in the territory of each Party; and
(b) in special session within thirty (30) days of the request of a Party, with such sessions to be held in the territory of the other Party or at such location as may be agreed by the Parties.
5. Each Party shall treat any confidential information exchanged in relation to a meeting of the FTA Joint Committee on the same basis as the Party providing the information.
6. The FTA Joint Committee may, as it deems necessary, refer any matter arising under this Agreement, for joint consideration and decision by higher authorities.
Article 112. Relation to other Agreements
1. The Parties affirm their existing rights and obligations with respect to each other under existing bilateral and multilateral agreements to which both Parties are parties, including the WTO Agreement.
2. In the event of any inconsistency between this Agreement and any other agreement to which both Parties are parties, the Parties shall immediately consult with each other with a view to finding a mutually satisfactory solution.
Article 113. Annexes
The Annexes to this Agreement shall form an integral part of this Agreement.
Article 114. Amendments
This Agreement may be amended by agreement in writing by the Parties.
Article 115. Entry Into Force, Duration and Termination
1. This Agreement shall enter into force on the 30th day after the date on which the Parties have exchanged written notifications confirming the completion of their respective domestic procedures for the entry into force of this Agreement. The Parties shall complete their respective domestic procedures, and give their respective written notifications, to enable the entry into force of this Agreement by 1 January 2009.
2. Either Party may terminate this Agreement by written notification to the other Party, and such termination shall take effect six (6) months after the date of the notification.
3. Within thirty (30) days of delivery of a notification under paragraph 2, either Party may request consultations regarding whether the termination of any provision of this Agreement should take effect at a later date than provided under paragraph
2. Such consultations shall commence within thirty (30) days of a Party's delivery of such request.
Chapter 15. ELECTRONIC COMMERCE
Article 1. Definitions
For the purposes of this Chapter:
(a) digital certificates are electronic documents or files that are issued or otherwise linked to a party to an electronic communication or transaction for the purpose of establishing the party’s identity;
(b) electronic authentication means the process or act of providing authenticity and reliability verification for the parties involved in electronic signature to ensure the integrity and security of the electronic communication or transaction;
(c) personal information means any information, including data, about an identified or identifiable individual; and
(d) trade administration documents means forms issued or controlled by a Party that must be completed by or for an importer or exporter in connection with the import or export of goods.
Article 2. General Provisions
1. The Parties recognise the economic growth and opportunities provided by electronic commerce and the importance of frameworks that promote consumer confidence in electronic commerce and of avoiding unnecessary barriers to its use and development.
2. This Chapter shall apply to measures adopted or maintained by a Party that affect trade by electronic means.
3. In the event of any inconsistency between this Chapter and other Chapters, the other Chapters shall prevail to the extent of the inconsistency.
Article 3. Domestic Regulatory Frameworks
1. Each Party shall maintain domestic legal frameworks governing electronic transactions based on the UNCITRAL Model Law on Electronic Commerce 1996 and taking into account, as appropriate, other relevant international standards.
2. Each Party shall:
(a) minimise the regulatory burden on electronic commerce; and
(b) ensure that regulatory frameworks support industry-led development of electronic commerce.
Article 4. Electronic Authentication and Electronic Signatures
1. Except in circumstances otherwise provided for under its laws and regulations, a Party shall not deny the legal validity of a signature solely on the basis that the signature is in electronic form.
2. Each Party shall maintain or adopt, as soon as practicable, measures for electronic authentication that:
(a) permit participants in electronic transactions to determine the appropriate authentication technologies for their electronic transactions;
(b) permit participants in electronic transactions to have the opportunity to prove before judicial or administrative authorities that their electronic transactions comply with the Party’s domestic laws and regulations with respect to authentication.
3. Notwithstanding paragraph 2, a Party may require that, for a particular category of transactions, the method of authentication meets certain performance standards or is certified by an authority accredited in accordance with its laws and regulations.
4. The Parties shall work towards the mutual recognition of digital certificates and electronic signatures.
5. The Parties shall encourage the use of interoperable electronic authentication and digital certificates.
Article 5. Customs Duties
1. Each Party shall maintain its practice of not imposing customs duties on electronic transmissions between the Parties, consistent with the WTO Ministerial Decision of 18 December 2017 in relation to the Work Programme on Electronic Commerce (WT/MIN(17)/65).
2. Each Party reserves the right to adjust its practice referred to in paragraph 1 in accordance with any further WTO Ministerial Decisions in relation to the Work Programme on Electronic Commerce.
Article 6. Transparency
1. Each Party shall promptly publish, or otherwise promptly make publicly available where publication is not practicable, all relevant measures of general application which pertain to, or affect, the operation of this Chapter.
2. Each Party shall respond promptly to all requests by the other Party for specific information on any of its measures of general application within the meaning of paragraph 1.
Article 7. Online Consumer Protection
1. The Parties recognise the importance of adopting and maintaining transparent and effective consumer protection measures for electronic commerce as well as measures conducive to the development of consumer confidence.
2. Each Party shall, to the extent possible, provide protection for consumers using electronic commerce that affords a similar level of protection to that provided for consumers of other forms of commerce under its relevant laws, regulations and policies.
3. The Parties recognise the importance of cooperation between their respective competent authorities in charge of consumer protection on activities related to electronic commerce in order to enhance consumer protection.
Article 8. Personal Information Protection
1. The Parties recognise the economic and social benefits of protecting the personal information of users of electronic commerce and the contribution that this makes to enhancing consumer confidence in electronic commerce.
2. Each Party shall adopt or maintain measures that protect the personal information of users of electronic commerce. In the development of such measures, each Party shall, to the extent possible, take into account international standards and the criteria of relevant international organisations, to promote mutual compatibility between their regimes. (1)
3. Recognising that the Parties may take different legal approaches to protecting online personal information, the Parties shall endeavour to exchange information on their respective regimes to promote compatibility between them.
Article 9. Paperless Trading
1. Each Party shall endeavour to make trade administration documents available to the public in electronic form.
2. Each Party shall endeavour to accept trade administration documents submitted electronically as the legal equivalent of the paper version of those documents.
Article 10. Cooperation on Electronic Commerce
1. The Parties agree to work together to assist small and medium-sized enterprises to overcome obstacles to the use of electronic commerce.
2. The Parties agree to share information and experience on issues related to electronic commerce, including, inter alia, laws and regulations, rules and standards, and best practices.
3. The Parties shall encourage cooperation in research and training activities to enhance the development of electronic commerce.
4. The Parties shall encourage business exchanges, cooperative activities and joint electronic commerce projects.
5. The Parties shall actively participate in regional and multilateral fora to promote the development of electronic commerce in a cooperative manner.
Article 11. Non-Application of Dispute Settlement
Neither Party shall have recourse to Chapter 12 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 16. COMPETITION
Article 1. Definitions
For purposes of this Chapter:
(a) anticompetitive business conduct means business conduct or transactions that adversely affect competition in the territory of a Party, such as:
(i) agreements between enterprises, decisions by associations of enterprises and concerted practices, which have as their object or effect the prevention, restriction or distortion of competition in the territory of either Party as a whole or in a substantial part thereof;
(ii) any abuse by one or more enterprises of a dominant position in the territory of either Party as a whole or in a substantial part thereof; or
(iii) concentrations between enterprises, which significantly impede effective competition, in particular as a result of the creation or strengthening of a dominant position in the territory of either Party as a whole or in a substantial part thereof; and
(b) competition laws means:
(i) for China:
(A) the Antimonopoly Law and its implementing regulations and amendments; and
(ii) for Singapore:
(A) the Competition Act (Chapter 50B) and its implementing regulations and amendments;
(B) Part VII “Competition” of the Electricity Act (Chapter 89A), and its amendments;
(C) Part IX “Competition” of the Gas Act (Chapter 116A), and its amendments;
(D) the Airport Competition Code pursuant to the Civil Aviation Authority of Singapore Act (Chapter 41), and its amendments;
(E) the Code of Practice for Market Conduct pursuant to the Media Development Authority of Singapore Act (Chapter 172), and its amendments; and
(F) the Code of Practice for Competition in the Provision of Telecommunications Services pursuant to the Telecommunications Act (Chapter 323), and its amendments.
Where any of the competition laws of either Party as stated above is subsequently superseded by a new law, the new law shall be considered a “competition law” for the purposes of this Chapter.
Article 2. Objectives
The Parties understand that proscribing anticompetitive business conduct, implementing competition policies and cooperating on competition issues contribute to preventing the benefits of trade liberalisation from being undermined and to promoting economic efficiency and consumer welfare.
Article 3. Competition Laws and Authorities
1. Each Party shall maintain competition laws that promote and protect the competitive process in its market by proscribing anticompetitive business practices.