(f) Article 6bis (Senior Management and Board of Directors) of Chapter 10 (Investment).
2. Each entry in List II sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Subsector refers to the specific sub-sector with which the entry is concerned if mentioned.
(c) Obligations Concerned specifies the article(s) referred to in paragraph 1 that, pursuant to paragraph 2 of Article 6ter (Reservations and Non-Conforming Measures) of Chapter 10 (Investment) and paragraph 2 of Article 7 (Reservations and Non-Conforming Measures) of Chapter 8 (Cross-Border Trade in Services), do not apply to the sectors, subsectors, or activities scheduled in the entry;
(d) Description sets out the scope of the sectors, subsectors, or activities covered by the entry; and
(e) Existing Measures identifies, for transparency purposes, existing measures that apply to the sectors, subsectors, or activities covered by the entry.
3. In accordance with paragraph 2 of Article 7 (Reservations and Non-Conforming Measures) of Chapter 8 (Cross-Border Trade in Services) and paragraph 2 of Article 6ter (Reservations and Non-Conforming Measures) of Chapter 10 (Investment), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, subsectors, or activities identified in the Description element of that entry.
4. For the purposes of List II of the Schedule of China in this Annex, “foreign investor” means any investor of the other Party or a non-Party.
5. The Schedule of Singapore shall not be used to interpret China’s commitments or obligations under Chapter 8 (Cross-Border Trade in Services) or Chapter 10 (Investment).
Entry 1 – Social Services Sector: Social Services Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Prohibition of Performance Requirements Senior Management and Board of Directors Market Access Local Presence Description: Cross-Border Trade in Services and Investment China reserves the right to adopt or maintain any measure in the following areas: provision of law enforcement and correctional services, provision of social services established or maintained for public purposes, including: social security or social insurance, social welfare, 1 public education, public training, health and child care.2 1 For greater certainty, social welfare includes protection of interests of the group of preferential treatment, households enjoying the minimum living guarantee, aged people, the disabled and children. 2 This entry does not apply to Services for the aged (part of CPC 93311 and 93323) which is listed in List II Appendix B.
Entry 2 – Atomic Energy Sector: Atomic Energy Obligations Concerned: National Treatment (Investment) Most-Favoured-Nation Treatment (Investment) Prohibition of Performance Requirements Senior Management and Board of Directors Description: Investment China reserves the right to adopt or maintain any measure with respect to the storage, transportation and reprocessing of spent fuels, decommissioning of nuclear facilities and disposal of radioactive wastes, as well as nuclear import business.
Entry 3 – Ethnic Minorities Sector: Ethnic Minorities1 Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Prohibition of Performance Requirements Senior Management and Board of Directors Market Access Local Presence Description: Cross-Border Trade in Services and Investment China reserves the right to adopt or maintain any measure that grants rights or preferences to places which are ethnic minorities area 2 with the view to balance economic development and maintain social justice. 1 For the purpose of this entry, “ethnic minorities” refer to 55 non-Han minorities that have less population than Han nationality in 56 ethnic nationalities identified and recognised by the Chinese central government. 2 For the purpose of this entry, “ethnic minority areas” refer to: (a) autonomous regions, prefectures and counties as set forth in the Constitution Law of the People’s Republic of China and the Law on Regional Ethnic Autonomy; (b) ethnic townships and towns inhabited by ethnic minorities according to Regulations on the Administrative Work of Ethnic Townships approved by the State Council; and (c) the three provinces of Yunnan, Guizhou, and Qinghai.
Entry 4 – Traditional Crafts Sector: Traditional Crafts Obligations Concerned: National Treatment (Investment) Most-Favoured-Nation Treatment (Investment) Prohibition of Performance Requirements Senior Management and Boards of Directors Description: Investment China reserves the right to adopt or maintain any measure with respect to the traditional crafts 1 including production of rice paper and ink stick. 1 For the purpose of this entry, “traditional crafts” refers to the crafts and related products which have historical inheritance and ethnic or regional characteristics, closely related to daily life, mainly using manual labor for production. As a customized production using creative manual labor and distinctive skills based on materials, it has the characteristics that industrial production cannot replace.
Entry 5 – Protection of Biological Resources Sector: Protection of Biological Resources1 Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Most-Favoured-Nation Treatment (Cross-Border Trade in Services) Prohibition of Performance Requirements Market Access Local Presence Description: Cross-Border Trade in Services and Investment China reserves the right to adopt or maintain any measure with respect to the collection, acquisition and development of biological resources 2 (including human, animal, plant and microbe resources) under national protection. 1 For greater certainty, this entry does not affect the commitments of China in the biological resources sector as set out in List I Entry 1 - Seed Industry of China’s schedule. 2 For greater certainty, biological resources includes genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems with actual or potential use or value for humanity.
Entry 6 – All Sectors Sector: All Sectors Obligations Concerned: National Treatment (Investment) Most-Favoured-Nation Treatment (Investment) Prohibition of Performance Requirements Senior Management and Board of Directors Existing Measures: Law of the People’s Republic of China on the Administration on Activities of Overseas Non-Governmental Organisations within the Territory of China (2017 Amended); Regulations on the Administration of Foundations (2004), Article 23 and 24. Description: Investment China reserves the right to adopt or maintain the following measures with respect to non-government organisations (including but not limited to private non-enterprise units, social groups, foundations, foreign non-government organisations and other civil social organisations and their representative institutions).
Entry 7 – Land Sector: Land Obligations Concerned: National Treatment (Investment) Most-Favoured-Nation Treatment (Investment) Prohibition of Performance Requirements Senior Management and Board of Directors Existing Measures: Land Administration Law (2019 Amended), Article 2, Article 4 of Chapter 1, Chapter 2, Chapter 4 and Chapter 5; Forestry Law (2019 Amended), Chapter 2 and Chapter 6; Grassland Law (2021 Amended), Article 10, Article 11 and Article 13; Fisheries Law (2013 Amended), Article 8; Law on the Contracting of Rural Land (2018 Amended). Description: Investment China reserves the right to adopt or maintain any measure with respect to restricting foreign investors and their investments in the use or contracted management of agricultural land.1 1 For the purpose of this entry, agricultural land refers to the land directly used for agricultural production, including arable land, forest land, grass land, land for farm and water conservancy, waters for aquaculture, etc.
Entry 8 – All Sectors Sector: All Sectors (state-owned assets)1 Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Prohibition of Performance Requirements Senior Management and Board of Directors Market Access Local Presence Description: Cross-Border Trade in Services and Investment China reserves the right to adopt or maintain any measure with respect to the evaluation, transfer and disposition of state-owned assets2. 1 For greater certainty, this entry does not apply to the evaluation, transfer or disposition of assets which are no longer state-owned assets after being transacted. 2 For the purpose of this entry, “state-owned assets” refer to the rights and interests by virtue of all forms of investments directly or indirectly made by the State in an enterprise.
Entry 9 – All Sectors1 Sector: All Sectors Obligations Concerned: Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Description: Cross-Border Trade in Services and Investment 1. With respect to Cross-Border Trade in Services and the establishment, acquisition, and expansion of investments: (a) China 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 the 2023 Protocol.* (b) China reserves the right to adopt or maintain any measures that accords differential treatment to the parties under any future bilateral or multilateral international agreement which liberalises service in accordance with Article V of GATS or liberalises investment provided the agreement has substantial sector coverage in terms of number of sectors, and provides for the absence or elimination of substantially all 1 For greater certainty, this reservation is without prejudice to China’s rights and obligations with respect to Singapore under the WTO Agreement. discrimination in the covered sectors either at the entry into force of that agreement or on the basis of a reasonable time-frame.* (c) China 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 the 2023 Protocol involving: (i) Aviation matters, including air services; (ii) Fisheries; (iii) Maritime and services auxiliary to maritime matters including rescue and salvage; (iv) Telecommunication and information technology matters; (v) Education matters;and (vi) Electronic commerce matters. 2. With respect to the management, conduct, operation, and sale or other disposition of investments: (a) China 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 16 October 2019.* (b) China reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreements involving: (i) aviation matters; (ii) fisheries; and (iii) maritime and services auxiliary to maritime matters including salvage. * For greater certainty, the wording in these paragraphs extend to any differential treatment accorded to a country pursuant to a subsequent review or amendment of the relevant bilateral or multilateral agreement mentioned in these paragraphs.
Entry 10 – All Sectors Sector: All Sectors Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Prohibition of Performance Requirements Senior Management and Board of Directors Market Access Local Presence Description: Cross-Border Trade in Services and Investment China reserves the right to adopt or maintain any measure with respect to any special arrangement or favourable treatment for any services and service suppliers of, or investors, as well as any investments thereof, from (1) Hong Kong, China; (2) Macao, China; and (3) Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei).
Entry 11 – Lottery Sector: Lottery Services Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Market Access Prohibition of Performance Requirements Senior Management and Board of Directors Existing Measures: Regulations on Lottery management (2009). Description: Cross-Border Trade in Services and Investment China reserves the right to adopt or maintain any measure with respect to the lottery sector.
Entry 12 – Gambling Services Sector: Gambling Services Obligations Concerned: National Treatment (Cross-Border Trade in Services) Market Access Local Presence Description: Cross-Border Trade in Services China reserves the right to adopt or maintain any measure with respect to the gambling sector.
Entry 13 – Services related to Religion Sector: Services related to religion Obligations Concerned: National Treatment (Cross-Border Trade in Services) Market Access Most-Favoured-Nation Treatment (Cross-Border Trade in Services) Local Presence Description: Cross-Border Trade in Services China reserves the rights to adopt or maintain any measure with respect to services and activities related to religion.
Entry 14 – Culture1 Sector: Culture Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Market Access Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Local Presence Prohibition of Performance Requirements Senior Management and Board of Directors Description: Cross-Border Trade in Services and Investment 1. China reserves the right to adopt or maintain any measure in the following areas: (a) The editing, publication, and production of books, newspapers, periodicals, audio and video products and electronic publication; (b) Radio and television broadcasting and transmitting services, production and operation business of radio and 1 Notwithstanding this entry, China shall not adopt or maintain any measure that is inconsistent with its obligation under the GATS, including those under Article XVI and Article XVII. television programs2 , video on demand services, radio and television station, television station, radio and television channel (rate), radio and television transmission coverage network; (c) The production, distribution, cinema line and introduction of films; (d) The protection of cultural relics and intangible cultural heritage; (e) Literary and artistic creation and performance, grade test of social art skills; (f) Network publication, network audio and visual and Internet culture operation;3 (g) Public culture.4 2. Chinese control is required for investments by foreign investors in investigations of television or broadcast audience ratings. 2 For greater certainty, production and operation business of radio and television programs includes production, introduction and purchase radio and television programs. 3 In accordance with Administrative Provisions on Online Publishing Services, Administrative Provisions on Network Audio and Visual Program Services, Interim Administrative Provisions on Internet Culture. 4 For greater certainty, public culture includes the establishment and operation of culture pavilion, library, fine art museum, culture center, museums, and foreign culture exchanges.
Entry 15 – Research and Experimental Development Services on Social Sciences and Humanities Sector: Research and experimental development services on social sciences and humanities1 Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Market Access Local Presence Prohibition of Performance Requirements Senior Management and Board of Directors Description: Cross-Border Trade in Services and Investment China reserves the right to adopt or maintain any measure with respect to Research and Experimental Development Services on Social Sciences and Humanities. 1 For the purpose of this entry, “research and experimental development services on social sciences and humanities” refers to the services under CPC 852 in accordance with the 1991 provisional Central Product Classification (CPC) of the United Nations Statistical Office, including research and experimental development services on cultural sciences, sociology and psychology (CPC 85201), research and experimental development services on economics (CPC 85202), research and experimental development services on law (CPC 85203), research and experimental development services on linguistics and languages (CPC 85204) and research and experimental development services on other social sciences and humanities (CPC 85209).
Entry 16 – Internet Security Sector: Internet Services Obligations Concerned: National Treatment (Cross-Border Trade in Services) Market Access Most-Favoured-Nation Treatment (Cross-Border Trade in Services) Local Presence Description: Cross-Border Trade in Services China reserves the right to adopt or maintain any measure according to the Cybersecurity Law of the People's Republic of China and related laws and regulations.
Entry 17 – All Sectors Sector: All Sectors Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Prohibition of Performance Requirements Senior Management and Board of Directors Market Access Local Presence Description: Cross-Border Trade in Services and Investment 1. China reserves the right to adopt or maintain any measure with respect to new industries and new services. 2. China shall notify Singapore prior to adopting a measure with respect to a new industry or new service inconsistent with the above-mentioned obligations. At the request of either Party, the Parties shall enter into negotiations with regard to the liberalisation commitments for the new industry or new service. 3. For the purposes of this entry: (a) The term “new industry” means an economic activity that at the date of entry into force of the 2023 Protocol is: (i) not currently in existence in the territory of either Party; and (ii) an existing economic activity not covered or defined in the International Standard Industrial Classification of All Economic Activities (ISIC), Rev.4 (“ISIC Rev.4”). (b) The term “new services” means a service that at the date of entry into force of the 2023 Protocol is: (i) not currently in existence in the territory of either Party; and (ii) an existing service not covered or defined in the 1991 provisional Central Product Classification (CPC) of the United Nations Statistical Office. 4. For greater certainty, this entry does not apply to a service or economic activity that could be classified in the ISIC Rev.4 or the CPC, but that could not previously be supplied on a cross-border basis due to lack of technical feasibility.
Entry 18 – Technical Consulting Services, Exploration and Exploitation of Natural Resource Sector: Technical Consulting Services, Exploration and Exploitation of Natural Resource Obligations Concerned: National Treatment (Cross-Border Trade in Services) Market Access Local Presence Existing Measures: Provisions on Administration of Foreign-related Marine Scientific Research (1996); Provisions Governing the Laying of Submarine Cables and Pipelines (1989); Law on Exclusive Economic Zone and the Continental Shelf (1998); Mineral Resources Law (2009 Amended), Article 3 and Article 16? Regulation of the People’s Republic of China on the Hydrology (2017). Description: Cross-Border Trade in Services 1. China reserves the right to adopt or maintain any measure with respect to surveying and mapping, meteorology, hydrology, seismic monitoring, marine scientific research, establishment of artificial islands, installations and structures, laying of submarine cables and pipelines, etc., within China’s territory, territory airspace, and waters under China’s jurisdiction. China reserves the right to adopt or maintain any measure with respect to natural resource exploration and development within waters under China’s jurisdiction. 2. This reservation does not apply to obligation under Article 3 (Market Access) of Chapter 8 (Cross-Border Trade in Services), Article 4 (National Treatment) of Chapter 8 (Cross-Border Trade in Services) or Article 3 (National Treatment) of Chapter 10 (Investment) in respect of a service provided by mode (1) and mode (2) in the following sectors: (a) Related scientific technical consulting services (CPC 8675): (i) Offshore oil-field services geological, geophysical and other scientific prospecting services (CPC 86751); and (ii) Sub-surface surveying services (CPC 86752); and (b) Onshore oil-field services. 3. For the purposes of this entry: Mode (1) refers to the supply of a service from the territory of a Party into the territory of the other Party; and Mode (2) refers to the supply of a service in the territory of a Party by a person of that Party to a service consumer of the other Party.
Entry 19 – Education1 Sector: Education Obligations Concerned: National Treatment (Cross-Border Trade in Services) Market Access Local Presence Description: Cross-Border Trade in Services China reserves the right to adopt or maintain any measure with respect to any cross-border educational services. 1 Notwithstanding this entry, China shall not adopt or maintain any measure that is inconsistent with its obligation under the GATS, including those under Article XVI and Article XVII.
Entry 20 – Tourism Sector: Tourism and Travel Related Services Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Prohibition of Performance Requirements Market Access Description: Cross-Border Trade in Services and Investment China reserves the right to adopt or maintain any measure with respect to foreign-invested enterprises’ engaging in the activities of Chinese travelling abroad and to Hong Kong China, Macao China and Chinese Taipei.1 1 Notwithstanding this entry, China shall not adopt or maintain any measure that is inconsistent with its obligation under the GATS, including those under Article XVI and Article XVII, and its modifications which are listed in the Appendix B to List II of this Agreement.
Entry 21 – Air Transportation Sector: Transport Services Obligations Concerned: National Treatment (Cross-Border Trade in Services) Most-Favoured-Nation Treatment (Cross-Border Trade in Services) Market Access Local Presence Existing Measures: Civil Aviation Law of the People's Republic of China (2021); Interim Provisions on the Licensing of the Direct Access to and Use of Foreign Computer Reservation Systems by the Sales Agents within the Chinese Territory Designated by Foreign Air Transportation Enterprises (2016); Provisions on Permission for Using Transport Airports (2022); Rules on Air Traffic Control of Civil Aviation (2022); Rules for Managing the Air Traffic Control Training in Civil Aviation (2016); Rules for the Administration of Civil Aviation Intelligence Training (2016). Description: Cross-Border Trade in Services 1. China reserves the right to adopt or maintain any measure affecting cross-border supply of: (a) aircraft repair and maintenance services (CPC 8868); (b) the selling and marketing of air transport services; (c) computer reservation system services (CRS). 2. This reservation does not apply to obligations under Article 3 (Market Access) or Article 4 (National Treatment) of Chapter 8 (Cross-Border Trade in Services) in respect of the supply of a service: (a) by mode (1) and mode (2) in respect of rental/leasing services relating to aircraft without operators; (b) by mode (2) in respect of the following services: (i) computer reservation system (CRS) services; (ii) Aircraft repair and maintenance services (CPC 8868); or (c) by mode (1) in respect of computer reservation system (CRS) services, based on the following limitations: (i) Foreign Computer Reservation System, may provide services to Chinese aviation enterprises and Chinese aviation agents by connecting with Chinese Computer Reservation System; (ii) Foreign Computer Reservation System may provide services to representative offices and sales offices established in the destination cities in China by foreign aviation enterprises which have the right to engage in business according to the bilateral aviation agreements; and (iii) Direct access to and use of foreign Computer Reservation System by Chinese aviation enterprises and agents of foreign aviation enterprises are subject to approval of the Civil Aviation Administration of China (CAAC). 3. For the purposes of this reservation: Mode (1) refers to the supply of a service from the territory of a Party into the territory of the other Party; and Mode (2) refers to the supply of a service in the territory of a Party by a person of that Party to a service consumer of the other Party.
Entry 22 – Air Transportation Sector: Transport Services Obligations Concerned: National Treatment (Investment) Most-Favoured-Nation Treatment (Investment) Prohibition of Performance Requirements Senior Management and Board of Directors Market Access Existing Measures: Civil Aviation Law of the People's Republic of China (2021); Interim Provisions on the Licensing of the Direct Access to and Use of Foreign Computer Reservation Systems by the Sales Agents within the Chinese Territory Designated by Foreign Air Transportation Enterprises (2016); Provisions on Permission for Using Transport Airports (2022); Rules on Air Traffic Control of Civil Aviation (2022); Rules for Managing the Air Traffic Control Training in Civil Aviation (2016); Rules for the Administration of Civil Aviation Intelligence Training (2016). Description: Cross-Border Trade in Services and Investment 1. China reserves the right to adopt or maintain any measure affecting investments in air transport and air transport-related services. 2. This reservation does not apply to obligations under Article 3 (Market Access) of Chapter 8 (Cross-Border Trade in Services) or Article 3 (National Treatment) of Chapter 10 (Investment) in respect of investments: (a) in Computer Reservation System (CRS) services, based on the following limitations: foreign service suppliers are permitted to establish partly foreign-invested enterprises with Chinese Computer Reservation System in China. The Chinese side shall hold controlling shares or be in a dominant position in the partly foreign-invested enterprises. Licenses for the establishment of partly foreign-invested enterprises are subject to economic needs test; (b) in Aircraft Repair and Maintenance services (CPC 8868), based on the following limitations: (i) foreign service suppliers are permitted to establish partly foreign-invested aircraft repair and maintenance enterprises in China. The Chinese side shall hold controlling shares or be in a dominant position in the partly foreign-invested enterprises; (ii) the partly foreign-invested enterprises have the obligation to undertake business in the international market. (c) in Rental/Leasing services relating to aircraft without operators, based on the following limitations: (i) wholly foreign-owned subsidiaries are permitted; (ii) service suppliers shall have global assets of US$ 5 million.
Entry 23 – Air Transportation Sector: Transport Services Sub-Sector? Air Transport Services - Passengers Transportation by Air Freight Transportation by Air Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Prohibition of Performance Requirements Senior Management and Board of Directors Market Access Local Presence Description: Cross-Border Trade in Services and Investment China reserves the right to adopt or maintain any measure relating to requirements of China’s bilateral and multilateral air services agreements.
Entry 24 – Foreign Debts Sector: Financial Services Sub-Sector: Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Market Access Description: Cross-Border Trade in Services and Investment China reserves the right to adopt or maintain any measures with regard to the borrowing of foreign debts by domestic enterprises and individuals pursuant to the foreign debt administration regime.
Entry 25 – Import and Export Sector: Wholesale - Import and Export Obligations Concerned: National Treatment (Investment) Existing Measures: Foreign Trade Law of the People's Republic of China (2022), Article 10; Regulation of the People’s Republic of China on the Administration of the Import and Export of Goods (2001), Article 45. Description: Investment: The import or export of the following goods into or outside China are subject to state trading administration, and Chinese government reserves the right to determine and announce to public the list of the enterprises that may engage in the import state trading or export state trading: (a) Goods of which the import is subject to state trading administration refer to the goods listed in Annex 2A1 to the Protocol on the Accession of the People’s Republic of China (WT/L/432), excluding vegetable oil; (b) Goods of which the export is subject to the state trading administration refer to the goods as listed in Annex 2A2 to the Protocol on the Accession of the People’s Republic of China (WT/L/432) and tobacco monopoly products, excluding yarn and non-bleached yarn.
Entry 26 – All sectors Sector: All sectors Obligations Concerned: Most-Favoured-Nation Treatment (Cross-Border Trade in Services) National Treatment (Cross-Border Trade in Services) Market Access Description: Cross-Border Trade in Services China reserves the right to adopt or maintain any measure with respect to the supply of service by the presence of natural persons, or other movement of natural persons, including immigration, entry or temporary stay, subject to the provisions of Chapter 9 (Movement of Natural Persons).
Entry 27 – Financial Services Sector: Financial Services Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Prohibition of Performance Requirements Senior Management and Board of Directors Market Access Local Presence Description: Cross-Border Trade in Services and Investment: 1. China reserves the right to adopt or maintain any measure affecting the supply of financial services with respect to Most-Favoured-Nation Treatment, Local Presence, National Treatment, Performance Requirements and Senior Management and Boards of Directors. 2. China reserves the right to adopt or maintain any measure affecting the supply of financial services with respect to Market Access and National Treatment, except as specified in Appendix A to List II (Commitments for Financial Services-China) and subject to the limitations, conditions and qualifications specified therein.
Entry 28 – All Sectors Sector: All Sectors (not including Financial Services) Obligations Concerned: Market Access Description: Cross-Border Trade in Services China reserves the right to adopt or maintain any measure affecting trade in services through commercial presence of a Singaporean service supplier in its territory that is not consistent with Article 3 (Market Access) of Chapter 8 (Cross-Border Trade in Services), except for China’s commitments under Article XVI of General Agreement on Trade in Services (GATS) as set out in China’s Schedule of Specific Commitments under the GATS and China’s modifications in Appendix B.
APPENDIX A TO LIST II COMMITMENTS FOR FINANCIAL SERVICES CHINA
EXPLANATORY NOTES
1. This Appendix shall be read together with entry 27 in List II of the China’s Schedule in Annex 5 (Schedules of Reservations and Non-Conforming Measures for Services and Investment). This Appendix does not include China’s commitments on the supply of a service by the presence of natural persons, or other movement of natural persons, including immigration, entry or temporary stay.
2. The classification of sectors in this Schedule is based on the 1991 provisional Central Product Classification (CPC) of the United Nations Statistical Office, while the ordering reflects the classification system used by the WTO Secretariat in MTN.GNS/W/120 dated 10 July 1991.
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments FINANCIAL SERVICES A. All Insurance and Insurance-Related Services1 (a) Life, health and pension/annuity insurance (b) Non-life insurance (c) Reinsurance (d) Services auxiliary to insurance (1) (2) (3) Unbound except for: (a) reinsurance; (b) international marine, aviation, and transport insurance; and (c) brokerage for large scale commercial risks, international marine, aviation, and transport insurance, and reinsurance. Unbound for brokerage. Other, none. A. Form of establishment Foreign non-life insurers are permitted to establish as a branch, or as a foreign- (1) (2) (3) None None None, except for: - Foreign insurance institutions shall not engage in the statutory insurance business, 1 Any further authorisation provided to foreign insurers after accession under more favourable conditions than those contained in this Schedule (including the extension of grandfathered investments through branching, sub-branching or any other legal form), will be made available to other foreign service suppliers which so requested.
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments invested enterprise, with no form of establishment restrictions. Foreign life insurers are permitted to establish as a branch, or as a foreign-invested enterprise with no form of establishment restrictions. Foreign Insurance brokerage companies are permitted to establish foreign-invested companies. Internal branching is permitted for foreign insurance firms which have established foreign-invested insurance companies in China. except that insurance institutions of a Party are permitted to undertake third party auto liability insurance.
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Internal branching is permitted for foreign insurance brokerage companies which have established foreign-invested insurance brokerage companies in China. B. Business Scope (See Attachment – Insurance: Definition of “Master Policy”) Foreign non-life insurers are permitted to provide "master policy" insurance/insurance of large scale commercial risks, which has no geographic restrictions. In accordance with national treatment, foreign insurance brokers are
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments permitted to provide "Master policy" no later than Chinese brokers, under conditions no less favourable. Qualified foreign investors are permitted to engage in insurance agency business and loss adjustment business in China. The business scope of foreign insurance brokerage company will be the same as Chinese insurance brokerage company. Foreign non-life insurers are permitted to provide the full range of non-life insurance services to both foreign and domestic clients.
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Foreign insurers are permitted to provide health insurance, individual/group insurance and pension/annuities insurance to foreigners and Chinese. Foreign insurers are permitted to provide reinsurance services for life and non-life insurance as a branch, or as a foreign-invested enterprise, without geographic or quantitative restrictions on the number of licences issued. C. Licences Licences are issued with no economic needs test or quantitative limits on licences. Qualifications for establishing a
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments foreign insurance institution are as follows: - it shall have total assets of more than US $5 billion at the end of the year prior to application, except for insurance brokers.
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments B. Banking and Other Financial Services (excluding insurance and securities) Banking services as listed below: (a) Acceptance of deposits and other repayable funds from the public; (b) Lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction; (c) Financial leasing; (1) (2) Unbound except for the following: - Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services; - Advisory, intermediation and other auxiliary financial services on all activities listed in subparagraphs (a) through (k), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy. None (1) (2) None None For financial leasing services, foreign financial leasing corporations are permitted to provide financial leasing service at the same time as domestic corporations.
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments (d) All payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts (including import and export settlement); (e) Guarantees and commitments; (f) Trading for own account or for account of customers: foreign exchange. (3) A. Geographic coverage For foreign currency and local currency business, there is no geographic restriction. B. Clients For foreign currency business, foreign financial institutions are permitted to provide services in China without restriction as to clients. For local currency business, the relevant requirements as to clients are solely prudential. C. Licensing Criteria for authorisation to deal in China’s financial services sector are solely prudential (i.e., contain no (3) Except for prudential measures, foreign financial institution may do business, without restrictions or need for case-by-case approval, with foreign-invested enterprises, non-Chinese natural persons, Chinese natural persons, and Chinese enterprises. Otherwise, none.
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments economic needs test or quantitative limits on licences). - Motor vehicle financing by non-bank financial institutions (1) Unbound except for the following: - Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services; and - Advisory, intermediation and other auxiliary financial services on all activities listed in subparagraphs (a) through (k), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on (1) Unbound
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments (2) (3) corporate restructuring and strategy. None None (2) (3) None None
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments - Other financial services as listed below: (k) Provision and transfer of financial information, and financial data processing and related software by supplier of other financial services; (l) Advisory, intermediation and other auxiliary financial services on all activities listed in subparagraphs (a) through (k), including credit reference and analysis, investment and portfolio (1) (2) (3) None None None. Criteria for authorisation to deal in China's financial services sector are solely prudential (i.e., contain no economic needs test or quantitative limits on licences). Branches of foreign institutions are permitted. (1) (2) (3) None None None
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments research and advice, advice on acquisitions and on corporate restructuring and strategy.
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Securities (1) Unbound except for the following: (a) Foreign securities institutions may engage directly (without Chinese intermediary) in B share business (b) Foreign service suppliers which meet the requirement of China’s relevant laws and regulations are permitted to provide the following services to Chinese Qualified Institutional domestic Investors (QDII): - Trading for account of QDII; - Providing securities trading advice or portfolio management; and (1) None
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments (2) (3) - Providing custody for overseas assets of QDII. None (a) Unbound except for the following: - Representative offices in China of foreign securities institutions may become Special Members of all Chinese stock exchanges. - Foreign service suppliers, which meet the regulatory requirements and conditions, upon approval, are permitted to establish wholly foreign owned fund management companies to engage (without Chinese intermediary) in (2) (3) None None
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments domestic securities investment fund management business. - Foreign services suppliers, which meet the regulatory requirements and conditions, upon approval, are permitted to establish wholly foreign owned securities companies to engage (without Chinese intermediary) in domestic securities business. - Foreign services suppliers are permitted to hold 100 per cent equity of futures companies. (b) Criteria for authorisation to deal in China's financial industry are solely prudential (i.e., contain no economic needs test or quantitative limits on licences).
Attachment Insurance: Definition of "Master Policy" Master policy is the policy that provides blanket coverage for the same legal person's property and liabilities located in different places. Master policy may only be issued by the business department of an insurer's head office or that of its authorised province-level branch offices. Other branches are not allowed to issue master policy. Master policy business with the state key construction projects as its subject-matter insured. If investors on the state key construction projects (i.e., projects that are so listed and annually announced by the State Development and Planning Commission) meet either of the following requirements, they may purchase master policy from insurers that are located in the same place as the investors' legal persons do. The investment on the subject-matter insured is all from China (including the reinvestment from the foreign-invested enterprises in China), and the sum of investment of the investor accounts for over 15 per cent of the total investment. The investment is partially from abroad, and partially from China (including the reinvestment from the foreign-invested enterprises in China), and the sum of investment of the Chinese investor accounts for over 15 per cent for the total domestic investment. For those projects that draw investment all from abroad, every insurer may provide coverage in the form of master policies. Master policy covering different subjects-matter insured of the same legal person. For those subjects-matter insured located in different places and owned by the same legal person (excluding financial, railway, and post and telecommunications industries and enterprises), master policy may be issued on the basis of either of the following conditions. For the sake of payment of premium tax, insurance companies incorporated where the legal person or accounting unit of the insurance applicant is located are allowed to issue master policy. If over 50 per cent of insurance amount of the subject-matter insured is from a larger or medium sized city, then insurers in that city are allowed to issue
master policy, no matter whether the insurance applicant's legal person or accounting unit is located in the city. Motor insurance, credit insurance, employer liabilities insurance, statutory insurance, and other insurance business excluded by the CIRC cannot be underwritten or co-insured by insurers located other than where the subject-insured are located, or covered under a master policy.
APPENDIX B TO LIST II
For the following Sectors, China’s Obligations under Article XVI of the General Agreement on Trade in Services as set out in China’s Schedule of Specific Commitments under GATS (GATS/SC/135, GATS/SC/135/Corr.1, GATS/SC/135/Corr.2) are improved as described.
Sector/Subsector Market Access Improvements 1. BUSINESS SERVICES A. Professional Services a. Legal Services (CPC 861, excluding Chinese law practice) For mode 3 limitations: The geographic and quantitative limitations for representative offices are eliminated for mode 3. Foreign law firms which have established their representative offices in the China (Shanghai) Pilot Free Trade Zone (“FTZ”) in accordance with the Chinese laws, regulations and rules: (1) may enter into contracts with Chinese law firms in the FTZ, and based on such contracts, these foreign and Chinese law firms may dispatch their lawyers to each other to act as legal counsels. For aforementioned dispatchment, it means the Chinese law firms may dispatch their lawyers to the representative offices in the China (Shanghai) FTZ of foreign law firms to act as legal counsels on Chinese law and international law practice, and the foreign law firms may dispatch their lawyers to the Chinese law firms in the China (Shanghai) FTZ to act as legal counsels on foreign law and international law practice. The two sides shall cooperate within their respective
Sector/Subsector Market Access Improvements business scope; (2) are permitted to form commercial association with Chinese law firms in Shanghai FTZ. Within the validity of commercial association, the two law firms from both sides respectively have independent legal status, name, and financial operation, and bear civil liabilities independently. Clients of the commercial association are not limited within Shanghai FTZ. Foreign lawyers in this type of commercial association are not permitted to conduct the practice of Chinese law. c. Taxation services (CPC 8630) Modify mode 3 limitations as “None” d. Architectural services (CPC 8671) e. Engineering services (CPC 8672) f. Integrated engineering services (CPC 8673) Modify mode 3 limitations as: “None.” g. Urban planning services (except general urban planning) (CPC 8674) Modify mode 3 limitations as “None”. Hospital Services (CPC 9311) Insert new commitments with “Foreign service suppliers are permitted to establish partly foreign-invested hospital with Chinese partners, the total number of which will be in line with China’s needs, with foreign equity share no more than 70%” for mode 3. B. Computer and Related Services (Computer and related services do not cover the economic activity consisting of the provision of content services which require computer and related services as a
Sector/Subsector Market Access Improvements means of supply) b. Software implementation services (CPC 842) c. Data processing services (CPC 843) - Input preparation services (CPC 8431) Modify mode 3 from “Only in the form of joint ventures, with foreign majority ownership permitted” to “Wholly Foreign-owned enterprises are allowed”. - Maintenance and repair services of office machinery and equipment including computers (CPC 845 and 886) Modify mode 3 limitations as follows: “Wholly foreign-owned subsidiaries are permitted”. D. Real Estate Services a. Real estate services involving own or leased property (CPC 821) Modify mode 3 from “None except for the following: Wholly foreign-owned enterprises are not permitted for high standard real estate projects, such as apartments and office buildings, but excluding luxury hotels” to “None”. b. Real estate services on a fee or contract basis (CPC 822) Modify mode 3 from “Only in the form of joint ventures, with foreign majority ownership permitted” to “None”. E. Rental and leasing services (CPC 831, 832, excluding CPC 83202) Insert new commitments with “Wholly foreign-owned enterprises are allowed. Foreign service suppliers are required to have global assets of US$ 5 million” for mode 3. F. Other Business Services a. Advertising Services (CPC 871) Modify mode 3 limitations as “None”. b. Market research services (CPC 86401, only limited to investigation services designed to secure Insert new commitments with “Only in the form of partly foreign-invested enterprises, with foreign majority ownership permitted. Economic needs tests are required” for mode 3.
Sector/Subsector Market Access Improvements information on the prospects and performance of an organization’s products in the market) d. Services related to management consulting (only limited to the following sub-sector) - Project management services other than for construction (CPC 86601) Insert new commitments with “Only partly foreign-invested enterprises with foreign majority ownership are permitted. Economic needs tests are required” for mode 3. e. Technical testing and analysis services (CPC 8676) and freight inspection covered by CPC 749, excluding statutory inspection services for freight inspection services Modify mode 3 limitations as “None”. g. Services incidental to manufacturing (CPC 884, 885, except for 88442, and excluding prohibited or restricted industries for foreign service suppliers by Chinese laws and regulations, and excluding services China considers relating to its national security interests.) Insert new commitments with “Wholly foreign-owned subsidiaries are allowed” for mode 3. h. Placement and supply services of Personnel (CPC 872) Insert new commitments with “None” for mode 3. m. Related scientific and technical consulting services (CPC 8675) - Geological, geophysical (excluding regional gravity and magnetism prospecting services) Modify mode 3 limitations as “None” for mode 3.
Sector/Subsector Market Access Improvements and other scientific prospecting services (CPC 86751) - Sub-surface surveying services (CPC 86752) - Onshore oil-field services Modify mode 3 limitations as follows: “ For domestic and foreign invested enterprises established in China with net assets of less than 300 million yuan: Only in the form of petroleum exploitation in cooperation with China National Petroleum Corp. (CNPC) or China Petroleum & Chemical Corporation (SINOPEC) in the designated areas approved by the Chinese government. In order to carry out the petroleum contract, the foreign service supplier shall establish a branch, subsidiary or representative office within the territory of the People's Republic of China and go through registration formalities in accordance with the laws. The domiciles of the said offices shall be determined through consultation with CNPC or SINOPEC. The foreign service supplier shall open its bank account with a bank approved by the Chinese authorities to engage in foreign exchange business within the Chinese territory. For domestic and foreign invested enterprises established in China with net assets of no less than 300 million yuan: engage in oil and gas exploration and exploitation shall in compliance with safety, environmental protection and other qualification requirements and regulations, and with corresponding technical capabilities for oil and gas exploration and exploitation, could gain oil and gas exploration and exploitation rights independently.”
Sector/Subsector Market Access Improvements - Maintenance and repair services (CPC 63, 6112 and 6122) Modify mode 3 limitations as follows: “Wholly foreign-owned subsidiaries are permitted”. o. Building-cleaning services (CPC 874) Insert new commitments with “Wholly foreign-owned enterprises are permitted” for mode 3. q. Packaging services (CPC 876) Modify mode 3 limitations as follows: “None”. r. Printing of packaging materials, on a fee or contract basis (Only limited to the printing of packaging materials) Insert new commitments with “Wholly foreign-owned enterprises are permitted. Economic needs tests are required” for mode 3. t. Translation and interpretation services (CPC 87905) Modify mode 3 limitations as follows: “Wholly foreign-owned enterprises are permitted”. 2. COMMUNICATION SERVICES B. Courier Services (CPC 75121, except for those specifically reserved to Chinese postal authorities by the related law at the time of China’s accession to WTO on December 11th 2001) Modify mode 3 limitations as follows: “Wholly foreign-owned subsidiaries are permitted”. C. Telecommunication Services1 Value-added Services Including the following: (h) Electronic mail Modify mode 3 limitations as follows: “Foreign service suppliers are permitted to establish partly foreign-invested value-added telecommunication enterprises, and foreign 1 China's commitments are scheduled in accordance with Notes for Scheduling Basic Telecom Services Commitments (S/GBT/W/2/REV/1) and Market Access Limitations on Spectrum Availability (S/GBT/W/3) as set out in China’s Schedule of Specific Commitments under the GATS. All international telecommunications services shall go through gateways established with the approval of China's telecommunications authorities, which will act as an independent regulatory authority in accordance with the principles of paragraph 5 of the Reference Paper.
Sector/Subsector Market Access Improvements (i) Voice mail (j) On-line information and database retrieval (k) Electronic data interchange (l) Enhanced/Value-added facsimile services (including store and forward, store and retrieve) (m) Code and protocol conversion (n) On-line information and/or data processing (including transaction processing) investment in the enterprises shall be no more than 50 per cent.” Basic Telecommunication Services - Paging Services Modify mode 3 limitations as follows: “Foreign service suppliers are permitted to establish partly foreign-invested enterprises with foreign equity participation of no more than 50 per cent”. Mobile Voice and Data Services: - Analogue / Digital / Cellular Services - Personal Communication Services Modify mode 3 limitations as follows: “Foreign service suppliers are permitted to establish partly foreign-invested enterprises only, and foreign investment in the enterprises shall be no more than 49 per cent”. - Domestic Services a. Voice services b. Packet-switched data transmission services c. Circuit-switched data transmission services f. Facsimile services g. Domestic private leased circuit services Modify mode 3 limitations as follows: “Foreign service suppliers are permitted to establish partly foreign-invested enterprises only, and foreign investment in the enterprises shall be no more than 49 per cent”.
Sector/Subsector Market Access Improvements - International Services a. Voice services b. Packet-switched data transmission services c. Circuit-switched data transmission services f. Facsimile services g. International closed user group voice and data services (use of private leased circuit service is permitted) 3. CONSTRUCTION AND RELATED ENGINEERING SERVICES (CPC 511, 512, 5132 , 514, 515, 516, 517, 5183 ) Modify mode 3 limitations as “None”. 4. DISTRIBUTION SERVICES4 A. Commission Agents’ Services (excluding salt, tobacco) B. Wholesale Trade Services (excluding salt, tobacco) Modify mode 3 limitations as follows: “None”. C. Retailing Services (excluding tobacco) Modify mode 3 limitations as follows: “None”. D. Franchising Modify mode 3 limitations as follows: “None”. 2 Including dredging services relating to infrastructure construction. 3 Coverage of CPC 518 is limited only to the rental and leasing services of construction and/or demolition machines with operator which are owned and used by foreign construction enterprises in their supply of services. 4 For greater certainty, the exclusion of “tobacco” in the distribution services sector includes the exclusion of the distribution of electronic cigarettes and other new-type tobacco products.
Sector/Subsector Market Access Improvements E. Wholesale or retail trade services away from a fixed location. Modify mode 3 limitations as follows: “None.”4 6. ENVIRONMENTAL SERVICES (excluding environmental quality monitoring and pollution source inspection) A. Sewage Services (CPC 9401) B. Solid Waste Disposal Services (CPC 9402) C. Cleaning Services of Exhaust Gases (CPC 9404) D. Noise Abatement Services (CPC 9405) E. Nature and Landscape Protection Services (CPC 9406) F. Other Environmental Protection Services (CPC 9409) G. Sanitation Services (CPC 9403) Modify mode 3 from “Foreign services suppliers engaged in environmental services are permitted to provide services only in the form of joint ventures, with foreign majority ownership permitted” to “None”. 8. HEALTH RELATED AND SOCIAL SERVICES C. Social Services - Services for the aged (part of CPC 93311 and 93323) Insert new mode 3 commitments as follows: “Service suppliers of a Party are permitted to establish wholly foreign-owned profit-making institutions for the aged in China”. 9. TOURISM AND TRAVEL RELATED SERVICES A. Hotels (including apartment buildings) and Restaurants (CPC 641-643) Modify mode 3 limitations as follows: “Foreign services suppliers may construct, renovate and operate hotel and restaurant establishments in China. Wholly foreign-owned subsidiaries are 4 See paragraph 310 of the Working Party Report on the Accession of China to the WTO.
Sector/Subsector Market Access Improvements permitted.” B?Travel Agency and Tour Operator (CPC 7471) Modify mode 3 limitations as follows: “None”. 10. RECREATIONAL, CULTURAL AND SPORTING SERVICES (other than audiovisual services) D. Sporting and other recreational services (Only limited to CPC 96411, 96412, 96413, including yoga, excluding golf) Insert new commitments with “None” for mode 3. 11. TRANSPORT SERVICES A. Maritime Transport Services - International transport (freight and passengers) (CPC 7211 and 7212 less cabotage transport services) Modify mode 3 limitations as follows: “None”. - Maintenance and repair services of motor vehicles (CPC 61120) Insert new commitments with “ wholly foreign-owned subsidiaries will be permitted” for mode 3. H. Auxiliary Services a. Maritime cargo-handling services (CPC 741) c. Customs clearance services for maritime transport d. Container station and depot services e. Maritime agency services Modify mode 3 limitations as follows: “None”. C. Air Transport Services d. Aircraft repair and maintenance services (CPC 8868) Delete the limitation of “Licenses for the establishments of joint ventures are subject to economic needs test” for mode 3.
Sector/Subsector Market Access Improvements - Computer Reservation System (CRS) services Modify mode 3 from “unbound” to “Foreign service suppliers are permitted to establish partly foreign-invested enterprises with Chinese Computer Reservation System in China. The Chinese side shall hold controlling shares or be in a dominant position in the enterprises. Licences for the establishment of enterprises are subject to economic needs test”. E. Rail Transport Services - Freight transportation by rail (CPC 7112) - Supporting services for rail transport services (CPC 743) Modify mode 3 limitations as follows: “None”. F. Road Transport Services - Freight transportation by road in trucks or cars (CPC 7123) Modify mode 3 limitations as follows: “None”. Passenger Transportation - Urban and suburban regular transportation (CPC 71211) - Urban and suburban special transportation (CPC 71212) - Interurban regular transportation (CPC 71213) - Interurban special transportation (CPC 71214) Insert new commitments with “None” for mode 3. H. Services Auxiliary to all modes of Transport - Storage and warehousing services (CPC 742) Modify mode 3 limitations as follows: “None”. - Freight forwarding agency Modify mode 3 limitations as follows: “Foreign
Sector/Subsector Market Access Improvements services (CPC 748) freight forwarding agencies which have at least three consecutive years’ experience are permitted to set up partly foreign-invested freight forwarding agency in China. Wholly foreign-owned subsidiaries permitted. Operation term of the partly foreign-invested enterprises shall not exceed 20 years. After one year operating in China, a partly foreign-invested enterprise can set up branches. A foreign freight forwarding agency may set up a second partly foreign-invested enterprise after its first enterprise has been in operation for two years”. - Freight inspection covered by CPC 749, excluding statutory inspection services for freight inspection services Modify mode 3 limitations as follows: “Foreign services suppliers which have been engaged in inspection services in their home countries for more than three years are permitted to establish partly foreign-invested enterprises conducting technical testing, analysis and freight inspection with no less than US$ 350,000 in registered capital. Wholly foreign-owned subsidiaries are permitted.” 12. OTHER SERVICES NOT INCLUDED ELSEWHERE - Specialty design services (CPC 87907) Insert new commitments with “None” for mode 3. - Hairdressing and other beauty services (CPC 9702) Insert new commitments with “None” for mode 3.
Annex 5. PART B. SINGAPORE'S SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR SERVICES AND INVESTMENT
LIST I
EXPLANATORY NOTES
1. List I of the Schedule of Singapore in this Annex sets out, pursuant to Article 7 (Reservations and Non-Conforming Measures) of Chapter 8 (Cross-Border Trade in Services) and Article 6ter (Reservations and Non-Conforming Measures) of Chapter 10 (Investment), the reservations taken by Singapore with respect to measures that do not conform with obligations imposed by:
(a) Article 3 (Market Access) of Chapter 8 (Cross-Border Trade in Services);
(b) Article 4 (National Treatment) of Chapter 8 (Cross-Border Trade in Services) or Article 3 (National Treatment) of Chapter 10 (Investment);
(c) Article 5 (Most-Favoured-Nation Treatment) of Chapter 8 (Cross-Border Trade in Services) or Article 4 (Most-Favoured-Nation Treatment) of Chapter 10 (Investment);
(d) Article 6 (Local Presence) of Chapter 8 (Cross-Border Trade in Services);
(e) Article 6 (Prohibition of Performance Requirements) of Chapter 10 (Investment); or
(f) Article 6bis (Senior Management and Board of Directors) of Chapter 10 (Investment).
2. In the interpretation of a reservation, all elements of the reservation shall be considered in their totality.
3. With respect to the cross-border trade in services, Local Presence and National Treatment are separate disciplines and a measure that is only inconsistent with Local Presence need not be reserved against National Treatment.
4. The reservations and commitments relating to the cross-border trade in services shall be read together with the relevant guidelines stated in Scheduling of Initial Commitments in Trade in Services: Explanatory Note dated 3 September 1993 (MTN.GNS/W/164) and Scheduling of Initial Commitments in Trade in Services: Explanatory Note: Addendum dated 30 November 1993 (MTN.GNS/W/164/Add.1).
5. Each entry in List I sets out the following elements:
(a) Sector refers to the general sector for which the entry is made;
(b) Subsector, where referenced, refers to the specific subsector for which the entry is made;
(c) Industry Classification, where referenced, refers to the activity covered by the non-conforming measure, according to the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);
(d) Obligations Concerned specifies the obligations (Market Access, National Treatment, Most-Favoured-Nation Treatment, Local Presence, Prohibition of Performance Requirements, and Senior Management and Board of Directors) against which a reservation is taken;
(e) Description sets out the non-conforming measures to which the reservation applies; and
(f) Source of Measure identifies, for transparency purposes, the laws, regulations, or other measures to which the entry applies. The measures stipulated therein are not exhaustive.
6. Whenever, in this List I, the supply of services is conditioned upon obtaining licensing or authorisation from relevant regulatory authorities, it shall be understood that the licensing or authorisation process is non-automatic, requiring a case-by-case evaluation, and the regulatory authorities may exercise discretion over their decisions.
7. The Schedule of China shall not be used to interpret Singapore’s commitments or obligations under Chapter 8 (Cross-Border Trade in Services) or Chapter 10 (Investment).
8. For greater certainty, the fact that a Party has described a measure in the Description element of an entry does not necessarily mean that, in the absence of such an entry, the measure would be inconsistent with that Party’s obligation under Chapter 8 (Cross-Border Trade in Services) or Chapter 10 (Investment).
1. Sector : All Subsector : - Industry Classification : - Obligations Concerned : National Treatment (Cross-Border Trade in Services and Investment) Market Access Description : Cross-Border Trade in Services and Investment: A non-resident financial institution may in certain circumstances be unable to borrow in Singapore dollars (S$) more than S$5 million from a resident financial institution owing to the following restrictions placed on financial institutions’ lending of the Singapore dollar to non-resident financial institutions. A financial institution shall not extend to any non-resident financial institution S$ credit facilities exceeding S$5 million per non-resident financial institution: (a) where the S$ proceeds are to be used outside of Singapore, unless: (i) such proceeds are swapped or converted into foreign currency upon draw-down or before remittance abroad; or (ii) such proceeds are for the purpose of preventing settlement failures where the financial institution extends a temporary S$ overdraft to any vostro account of any non-resident financial institution, and the financial institution takes reasonable efforts to ensure that the overdraft is covered within two business days; and (b) where there is reason to believe that the S$ proceeds may be used for S$ currency speculation, regardless of whether the S$ proceeds are to be used in Singapore or outside of Singapore. A financial institution shall not arrange S$ equity or bond issues for any non-resident financial institution where the S$ proceeds are to be used outside Singapore, unless the proceeds are swapped or converted into foreign currency upon draw-down or before remittance abroad. "Non-residents financial institution" means any financial institution which is not a resident as defined in the relevant notice. Source of Measure : Insurance Act 1966, MAS Notice 109 Banking Act 1970, MAS Notice 757 Finance Companies Act 1967, MAS Notice 816 Monetary Authority of Singapore Act 1970, MAS Notice 1105 Securities and Futures Act 2001, MAS Notice SFA 04-N04
2. Sector : All Subsector : - Industry Classification : - Obligations Concerned : National Treatment (Investment) Description : Investment: The aggregate of foreign shareholdings in PSA Corporation or its successor body is subject to a 49 per cent limit. The “aggregate of foreign shareholdings” is defined as the total number of shares owned by: (a) any individual who is not a Singapore citizen; (b) any corporation which is not more than 50 per cent owned by Singapore citizens or by the Singapore Government; or (c) any other enterprise which is not owned or controlled by the Singapore Government. Source of Measure : This is an administrative policy of the Singapore Government and is inscribed in the Memorandum and Articles of Association of PSA Corporation.
3. Sector : All Subsector : - Industry Classification : - Obligations Concerned : National Treatment (Investment) Description : Investment: All individual investors, apart from the Singapore Government, will be subject to the following equity ownership limits in the enterprises, or its successor bodies, as listed below: (a) Singapore Technologies Engineering – 15 per cent; (b) PSA Corporation – 5 per cent; (c) Singapore Airlines – 5 per cent; and (d) PowerGas, SP PowerGrid, SP PowerAssets, Singapore LNG Corporation – 12 per cent. For the purposes of this reservation, ownership of equity by an investor in these enterprises or its successor bodies includes both direct and indirect ownership of equity. Source of Measure : This is an administrative policy of the Singapore Government and is inscribed in the Memorandum and Articles of Association of the relevant enterprises. Gas Act 2001, 2020 Revised Edition, Section 63B Electricity Act 2001, 2020 Revised Edition, Section 30B
4. Sector : All Subsector : - Industry Classification : - Obligations Concerned : National Treatment (Cross-Border Trade in Services and Investment) Local Presence Description : Cross-Border Trade in Services and Investment: Where a person required to be registered under the Business Names Registration Act 2014, or, in the case of any corporation, the directors, or secretaries of the corporation, do not reside in Singapore, an authorised representative who must be ordinarily resident* in Singapore must be appointed. *Persons who qualify to be appointed in such a capacity are primarily Singapore citizens, Singapore permanent residents and EntrePass holders (all with local address). Source of Measure : Business Names Registration Act 2014, 2020 Revised Edition Business Names Registration Regulations 2015
5. Sector : Business Services Subsector : Patent Agent Services Industry Classification : - Obligations Concerned : National Treatment (Cross-Border Trade in Services and Investment) Market Access Local Presence Description : Cross-Border Trade in Services and Investment: Only service suppliers registered with the Intellectual Property Office of Singapore (IPOS) or its successor body and resident in Singapore shall be allowed to carry on a business, practise or act as a patent agent in Singapore. Only service suppliers which have at least one Singapore-registered patent agent resident in Singapore either as a director or partner, shall be allowed to carry on a business, practise or act as a patent agent in Singapore. Source of Measure : Patents Act 1994, 2020 Revised Edition
6. Sector : Business Services Subsector : Placement and supply services of personnel Industry Classification : - Obligations Concerned : Local Presence Description : Cross-Border Trade in Services: Only service suppliers with local presence shall be allowed to set up employment agencies and place foreign workers in Singapore. Source of Measure : Employment Agencies Act 1958, 2020 Revised Edition
7. Sector : Business Services Subsector : Private Investigation Services Unarmed Guard Services Industry Classification : CPC 87301 Investigation Services CPC 87302 Security Consultation Services CPC 87305 Guard Services (only applies to unarmed security guard services) Obligations Concerned : National Treatment (Cross-Border Trade in Services and Investment) Market Access Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Local Presence Senior Management and Board of Directors Description : Cross-Border Trade in Services and Investment: Singapore reserves the right to adopt or maintain any measure affecting the supply of Unarmed Guard Services, Private Investigation Services, and Security Services, which are regulated under the Private Security Industry Act 2007 for the protection of vital security interests. This reservation does not apply to obligations under Article 3 (Market Access) of Chapter 8 (Cross-Border Trade in Services) or Article 4 (National Treatment) of Chapter 8 (Cross-Border Trade in Services) and Article 3 (National Treatment) of Chapter 10 (Investment) in respect of the supply of a service by (1) or (2), or investors of the other Party or covered investments in the following sectors: (a) security consultation services (CPC 87302); and (b) unarmed guard services (CPC 87305), except that: (i) foreigners are permitted to set up agencies to provide unarmed guards for hire but must register a company with local participation. At least one of the directors must be a Singapore citizen or Singapore permanent resident; (ii) the foreign directors of the companies must produce a certificate of no criminal conviction from their country of origin; (iii) foreigners, except Malaysians, are not allowed to work as security officers, but can be involved in the administration of the company. For the purposes of this reservation: (1) refers to the supply of a service from the territory of a Party into the territory of the other Party; and (2) refers to the supply of a service in the territory of a Party by a person of that Party to a service consumer of the other Party. Source of Measure : Private Security Industry Act 2007, 2020 Revised Edition
8. Sector : Education Services Subsector : Higher Education Services in relation to the training of doctors Industry Classification : CPC 92390 Other Higher Education Services (Only applies to Higher Education Services in relation to the training of doctors) Obligations Concerned : National Treatment (Cross-Border Trade in Services and Investment) Market Access Description : Cross-Border Trade in Services and Investment: Only local tertiary institutions which are established pursuant to an Act of Parliament, or as designated by the Ministry of Education shall be allowed to operate recognised undergraduate or graduate programmes for the training of doctors in Singapore. Currently, only the National University of Singapore and the Nanyang Technological University are allowed to operate recognised undergraduate or graduate programmes for the training of doctors in Singapore. Source of Measure : Medical Registration Act 1997, 2020 Revised Edition, Sections 2, 3, 34 and 35 Private Education Act 2009, 2020 Revised Edition
9. Sector : Health and Social Services Subsector : Medical Services Pharmacy Services Deliveries and related services, nursing services, para-medical services and allied health services Optometrists and Opticians Industry Classification : - Obligations Concerned : Local Presence Description : Cross-Border Trade in Services: Only persons who are resident in Singapore are allowed to provide the following services: medical services, pharmacy services, deliveries and related services, nursing services, para-medical services and allied health services and optometry and opticianry services. Source of Measure : Medical Registration Act 1997, 2020 Revised Edition Pharmacists Registration Act 2007, 2020 Revised Edition Medicines Act 1975, 2020 Revised Edition Health Products (Licensing of Retail Pharmacies) Regulations 2016 Nurses and Midwives Act 1999, 2020 Revised Edition Allied Health Professions Act 2011, 2020 Revised Edition Optometrists and Opticians Act 2007, 2020 Revised Edition
10. Sector : Import, export and trading services Subsector : - Industry Classification : - Obligations Concerned : Local Presence Description : Cross-Border Trade in Services: Only services suppliers with local presence shall be allowed to apply for import or export permits, certificates of origin or other trade documents from the relevant authorities. Source of Measure : Regulation of Imports and Exports Act 1995, 2020 Revised Edition Regulation of Imports and Exports Regulations
11. Sector : Telecommunication Services Subsector : Telecommunication Services Industry Classification : - Obligations Concerned : National Treatment (Cross-Border Trade in Services and Investment) Market Access Local Presence Description : Cross-Border Trade in Services and Investment: Facilities-based operators and service-based operators must be locally incorporated under the Companies Act 1967, 2020 Revised Edition. “Facilities-based operators” are operators who deploy any form of telecommunication networks, systems and facilities, outside of their own property boundaries, to offer telecommunication services to third parties, which may include other licensed telecommunication operators, business customers, or the general public. “Service-based operators” are operators who lease telecommunication network elements (such as transmission capacity and switching services) from any Facilities-Based Operator (FBO) licensed by Infocomm Media Development Authority of Singapore (IMDA) so as to provide their own telecommunication services, or to resell the telecommunication services of FBOs to third parties. The number of licences granted will be limited only by resource constraints, such as the availability of radio frequency spectrum. In view of spectrum constraints, parties interested in deploying networks based on wireless technology may be licensed to use radio frequency spectrum via a tender or auction process. Source of Measure : Info-communications Media Development Authority Act 2016, 2020 Revised Edition Telecommunications Act 1999, 2020 Revised Edition
12. Sector : Power Supply Subsector : - Industry Classification : - Obligations Concerned : National Treatment (Cross-Border Trade in Services and Investment) Market Access Description : Cross-Border Trade in Services and Investment: Power producers shall not be allowed to sell power directly to consumers and shall only sell power through the Singapore electricity wholesale market operators licensed by the Energy Market Authority. Source of Measure : Electricity Act 2001, 2020 Revised Edition, Sections 6(1) and 9(1)
13. Sector : Power Supply Subsector : - Industry Classification : - Obligations Concerned : National Treatment (Cross-Border Trade in Services and Investment) Market Access Local Presence Description : Cross-Border Trade in Services and Investment: Only retail electricity licensees with local presence may supply electricity in Singapore.* * With the full liberalisation of Singapore’s retail electricity market (i.e. Open Electricity Market Initiative), the retailing of electricity to all consumers shall be subject to competition as consumers could buy electricity from retail electricity licensees as well. Source of Measure : Electricity Act 2001, 2020 Revised Edition, Sections 6(1) and 9(1)
14. Sector : Power Transmission and Distribution Subsector : - Industry Classification : - Obligations Concerned : National Treatment (Cross-Border Trade in Services and Investment) Market Access Description : Cross-Border Trade in Services and Investment: Only a Transmission Licensee shall be the owner and operator of the electricity transmission and distribution network in Singapore. Source of Measure : Electricity Act 2001, 2020 Revised Edition, Sections 6(1) and 9(1)
15. Sector : Tourism and Travel Related Services Subsector : Beverage serving services for consumption on the premises Meal serving services in eating facilities run by the Singapore Government Retail sales of food Industry Classification : CPC 643 Beverage serving services for consumption on the premises CPC 642 Food serving services CPC 6310 Retail sales of food Obligations Concerned : National Treatment (Cross-Border Trade in Services and Investment) Market Access Description : Cross-Border Trade in Services and Investment: Only a Singapore citizen or permanent resident can apply for a licence to operate a stall in government-run markets or hawker centres, in their personal capacity. Source of Measure : Environmental Public Health Act 1987, 2020 Revised Edition
16. Sector : Refuse Disposal, Sanitation and other Environmental Protection Services Subsector : Waste Management, including collection, disposal, and treatment of hazardous waste Industry Classification : - Obligations Concerned : Market Access Local Presence Description : Cross-Border Trade in Services: Foreign service suppliers must be locally incorporated in Singapore. The public waste collectors (PWCs) rendering services to domestic and trade premises are appointed by public competitive tender. The number of PWCs is limited by the number of geographical sectors in Singapore. For industrial and commercial waste, the market is opened to any licensed general waste collectors (GWCs). Source of Measure : Environmental Public Health Act 1987, 2020 Revised Edition
17. Sector : Trade Services Subsector : Distribution and Sale of Hazardous Substances Industry Classification : - Obligations Concerned : Market Access Local Presence Description : Cross-Border Trade in Services: Only service suppliers with a local presence shall be allowed to distribute and sell hazardous substances as defined in the Environmental Protection and Management Act 1999. Singapore reserves the right and flexibility to modify or increase the list of hazardous substances as defined or listed in the Environmental Protection and Management Act 1999. Source of Measure : Environmental Protection and Management Act 1999, 2020 Revised Edition, Section 22
18. Sector : Manufacturing and Services Incidental to Manufacturing Subsector : - Industry Classification : - Obligations Concerned : National Treatment (Cross-Border Trade in Services and Investment) Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Prohibition of Performance Requirements Description : Cross-Border Trade in Services and Investment: The manufacture of the following products, and services incidental to the manufacture of these products, in Singapore, may be subject to certain restrictions: (a) beer and stout; (b) cigars; (c) drawn steel products; (d) chewing gum, bubble gum, dental chewing gum or any like substance, not being a health product categorized as an oral dental gum or a therapeutic product in the First Schedule to the Health Products Act 2007; (e) cigarettes; and (f) matches. Source of Measure : Control of Manufacture Act 1959, 2020 Revised Edition Health Products Act 2007, 2020 Revised Edition
19. Sector : Trade Services Subsector : Distribution Services Retailing Services Wholesale Trade Services Industry Classification : - Obligations Concerned : National Treatment (Cross-Border Trade in Services) Market Access Local Presence Description : Cross-Border Trade in Services: Only service suppliers with local presence shall be allowed to supply wholesale, retail and distribution services for medical and health-related products and materials as defined under the Medicines Act 1975 and Health Products Act 2007, intended for purposes such as treating, alleviating, preventing or diagnosing any medical condition, disease or injury, as well as any other such items that may have an impact on the health and well-being of the human body. Such products and materials include but are not limited to drugs and pharmaceuticals, traditional medicines, health supplements, diagnostic test kits, medical devices and cosmetics products. Singapore reserves the right and flexibility to modify or increase the list of medical and health-related products and materials as defined or listed in the Medicines Act 1975 and Health Products Act 2007. Source of Measure : Medicines Act 1975, 2020 Revised Edition Health Products Act 2007, 2020 Revised Edition
20. Sector : Transportation and Distribution of Manufactured Gas and Natural Gas Subsector : - Industry Classification : - Obligations Concerned : National Treatment (Cross-Border Trade in Services and Investment) Market Access Description : Cross-Border Trade in Services and Investment: Only the holder of a gas transporter licence shall be allowed to transport and distribute manufactured and natural gas. Only one gas transporter licence has been issued given the size of the Singapore market. Source of Measure : Gas Act 2001, 2020 Revised Edition
21. Sector : Business Services Subsector : Leasing or rental services concerning private cars, goods transport vehicles and other land transport equipment without operator Industry Classification : CPC 83101, 83102, 83105 Leasing or rental services concerning private cars, goods transport vehicles and other land transport equipment without operator Obligations Concerned : National Treatment (Cross-Border Trade in Services) Market Access Description : Cross-Border Trade in Services: The cross-border rental of private cars, goods transport vehicles and other land transport equipment without operator by Singapore residents with the intent to use thevehicles in Singapore is prohibited. Source of Measure : Road Traffic Act 1961, 2020 Revised Edition
22. Sector : Transport Services Subsector : Maritime Transport Services Cargo Handling Services Pilotage Services Supply of Desalinated Water to Ships berthed at Singapore ports or in Singapore territorial waters Industry Classification : CPC 741 Cargo Handling Services CPC 74520 Pilotage and Berthing Services (only applies to Pilotage Services) CPC 74590 Other Supporting Services for Water Transport Obligations Concerned : National Treatment (Cross-Border Trade in Services and Investment) Market Access Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Description : Cross-Border Trade in Services and Investment: Only PSA Corporation Ltd and Jurong Port Pte Ltd or their respective successor bodies are allowed to provide cargo handling services. Only PSA Marine (Pte) Ltd or its successor bodies are allowed to provide pilotage services and supply desalinated water to ships berthed at Singapore ports or in Singapore territorial waters. Source of Measure : Maritime and Port Authority of Singapore Act 1996, 2020 Revised Edition, Section 81
23. Sector : Transport Services Subsector : Maritime Transport Services Industry Classification : - Obligations Concerned : National Treatment (Cross-Border Trade in Services and Investment) Market Access Description : Cross-Border Trade in Services and Investment: Only local service suppliers shall be allowed to operate and manage cruise and ferry terminals. Local service suppliers are either Singapore citizens or juridical persons which are more than 50 per cent owned by Singapore citizens. Source of Measure : Maritime and Port Authority of Singapore Act 1996, 2020 Revised Edition, Section 81
24. Sector : Telecommunications Services Subsector : Telecommunications services Domain name allocation policies in Internet country code top level domains (ccTLDs) corresponding to Singapore territories (.sg) Industry Classification : - Obligations Concerned : Market Access Local Presence Description : Cross-Border Trade in Services: A registrar must be a company incorporated or a foreign company registered under the Companies Act 1967, 2020 Revised Edition. Source of Measure : Info-communications Media Development Authority Act 2016, 2020 Revised Edition Telecommunications Act 1999, 2020 Revised Edition The Internet Corporation for Assigned Names and Numbers (ICANN), which recognises the ultimate authority of sovereign Governments over ccTLDs corresponding to their territories.
25. Sector : Community, Personal and Social Services Subsector : Services furnished by co-operative societies Industry Classification : CPC 959 Services furnished by membership organizations n.e.c (only applies to co-operative society services) Obligations Concerned : National Treatment (Cross-Border Trade in Services and Investment) Senior Management and Board of Directors Local Presence Description : Cross-Border Trade in Services and Investment: Only service suppliers with a local presence can be registered under the Co-operative Societies Act 1979. Registration allows a co-operative society to be exempt from taxation measures applicable to other enterprises. Instead, co-operative societies are required to make a two-tier contribution of their surplus to the Central Co-operative Fund (CCF) and CCF/Singapore Labour Foundation respectively as the society may opt. As a general rule, only Singapore citizens are allowed to hold office or be a member of the management committee of a co-operative society. Foreigners may be allowed to hold office or be a member of the management committee of a co-operative society, with the approval of the Registrar of Co-operative Societies. A person who is not a Singapore citizen can form and join a co-operative society if he or she is resident in Singapore. Source of Measure : Co-operative Societies Act 1979, 2020 Revised Edition Co-operative Societies Rules 2009
LIST II
EXPLANATORY NOTES
1. List II of the Schedule of Singapore in this Annex sets out, pursuant to Article 7 (Reservations and Non-Conforming Measures) of Chapter 8 (Cross-Border Trade in Services) and Article 6ter (Reservations and Non-Conforming Measures) of Chapter 10 (Investment), the reservations taken by Singapore for sectors, subsectors or activities for which it may maintain existing or adopt new or more restrictive measures that do not conform with obligations imposed by:
(a) Article 3 (Market Access) of Chapter 8 (Cross-Border Trade in Services);
(b) Article 4 (National Treatment) of Chapter 8 (Cross-Border Trade in Services) or Article 3 (National Treatment) of Chapter 10 (Investment);
(c) Article 5 (Most-Favoured-Nation Treatment) of Chapter 8 (Cross-Border Trade in Services) or Article 4 (Most-Favoured-Nation Treatment) of Chapter 10 (Investment);
(d) Article 6 (Local Presence) of Chapter 8 (Cross-Border Trade in Services);
(e) Article 6 (Prohibition of Performance Requirements) of Chapter 10 (Investment); or
(f) Article 6bis (Senior Management and Board of Directors) of Chapter 10 (Investment).
2. In the interpretation of a reservation, all elements of the reservation shall be considered in their totality.
3. With respect to the cross-border trade in services, Local Presence and National Treatment are separate disciplines and a measure that is only inconsistent with Local Presence need not be reserved against National Treatment.
4. The reservations and commitments relating to the cross-border trade in services shall be read together with the relevant guidelines, stated in Scheduling of Initial Commitments in Trade in Services: Explanatory Note dated 3 September 1993 (MTN.GNS/W/164) and Scheduling of Initial Commitments in Trade in Services: Explanatory Note: Addendum dated 30 November 1993 (MTN.GNS/W/164/Add.1).
5. Each entry in List II sets out the following elements:
(a) Sector refers to the general sector for which the entry is made;
(b) Subsector, where referenced, refers to the specific subsector for which the entry is made;
(c) Industry Classification, where referenced, refers to the activity covered by the non-conforming measure, according to the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);
(d) Type of Reservation specifies the obligations (Market Access, National Treatment, Most-Favoured-Nation Treatment, Local Presence, Prohibition of Performance Requirements, and Senior Management and Board of Directors) against which a reservation is taken;
(e) Description sets out the non-conforming measures to which the reservation applies; and
(f) Existing Measures identifies, for transparency purposes, existing measures that apply to the sector, subsector, or activities covered by the entry. The measures stipulated therein are not exhaustive. 6. Whenever, in this List II, the supply of services is conditioned upon obtaining licensing or authorisation from relevant regulatory authorities, it shall be understood that the licensing or authorisation process is non-automatic, requiring a case-by-case evaluation, and the regulatory authorities may exercise discretion over their decisions.
7. The Schedules of China shall not be used to interpret Singapore’s commitments or obligations under Chapter 8 (Cross-Border Trade in Services) or Chapter 10 (Investment).
8. For greater certainty, the fact that a Party has described a measure in the Description element of an entry does not necessarily mean that, in the absence of such an entry, the measure would be inconsistent with that Party’s obligation under Chapter 8 (Cross-Border Trade in Services) or Chapter 10 (Investment).
9. Commitments on measures with respect to or relating to trade in financial services are undertaken subject to the limitations and conditions set forth in Chapter 8 (Cross Border Trade in Services), Chapter 10 (Investment), these headnotes and the Schedule below.
10. To clarify Singapore’s commitments with respect to Article 3 (Market Access) of Chapter 8 (Cross Border Trade in Services), juridical persons supplying financial services are subject to non-discriminatory limitations on juridical form.1 1 For example, partnerships and sole proprietorships are generally not acceptable juridical forms for depository financial institutions in Singapore. This headnote is not itself intended to affect, or otherwise limit, a choice by a financial institution of the other Party between branches or subsidiaries.
11. (a) Singapore reserves the right to require a foreign bank that is systemically important to incorporate within Singapore, provided that such a requirement is applied in a reasonable, objective and impartial manner. Before imposing such a requirement, Singapore will take into account such factors as the quality of the home country regulation and supervision over the bank, degree of protection accorded to depositors in the home country vis-à-vis depositors in Singapore, and the amount of assets held or situated in Singapore. (b) Singapore shall not impose the requirement described in subparagraph (a) with respect to a foreign bank of the other Party, unless it: (i) notifies the bank and the other Party of its intent at least six months before imposing the requirement; (ii) consults with the other Party concerning the requirement and gives due consideration to the views expressed by the other Party in this respect; and (iii) allows the bank a reasonable time to comply with the requirement.
1. Sector : All Subsector : - Industry Classification : - Type of Reservation : National Treatment (Cross-Border Trade in Services) Market Access Most-Favoured-Nation Treatment (Cross-Border Trade in Services) Description : Cross-Border Trade in Services: Singapore reserves the right to adopt or maintain any measure with respect to the supply of a service by the presence of natural persons, or other movement of natural persons, including immigration, entry or temporary stay, subject to Chapter 9 (Movement of Natural Persons). Existing Measure : -
2. Sector : All Subsector : - Industry Classification : - Type of Reservation : National Treatment (Cross-Border Trade in Services and Investment) Market Access Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Local Presence Description : Cross-Border Trade in Services and Investment: Singapore reserves the right to adopt or maintain any measure in relation to the development or usage of land or the type of activities which may be conducted on land in accordance with its land zoning, land use, urban planning policies, development control, conservation and preservation policies as well as policies relating to environmental protection, nature reserves and national parks. Existing Measure : Planning Act 1998, 2020 Revised Edition
3. Sector : All Subsector : - Industry Classification : - Type of Reservation : National Treatment (Cross-Border Trade in Services and Investment) Market Access Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Local Presence Prohibition of Performance Requirements Senior Management and Board of Directors Description : Cross-Border Trade in Services and Investment: Singapore reserves the right to adopt or maintain any measure affecting the supply of health services by government-owned or controlled healthcare institutions, such as hospitals and polyclinics, including investments in these institutions, hospitals and polyclinics. Existing Measure : -
4. Sector : All Subsector : - Industry Classification : - Type of Reservation : National Treatment (Cross-Border Trade in Services and Investment) Market Access Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Local Presence Prohibition of Performance Requirements Senior Management and Board of Directors Description : Cross-Border Trade in Services and Investment: Singapore reserves the right to adopt or maintain any measure affecting the supply of social services, social security, public training, public law enforcement and ambulance services. Existing Measure : -
5. Sector : All Subsector : - Industry Classification : - Type of Reservation : National Treatment (Cross-Border Trade in Services and Investment) Market Access Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Local Presence Prohibition of Performance Requirements Senior Management and Board of Directors Description : Cross-Border Trade in Services and Investment: Singapore reserves the right to adopt or maintain any measure affecting, including the alienation and divestment of, real estate owned by the State. Existing Measure : State Lands Act 1920, 2020 Revised Edition