1. Each Party shall, in accordance with its domestic laws and regulations, provide that the importer, exporter or any other person affected by its administrative determinations or decisions on a customs matter, have access to:
(a) a level of administrative review (2) by its customs administration independent of the official or office responsible for the administrative determinations or decisions under review; and
(b) judicial appeal or review of the determinations or decisions, subject to its laws and regulations.
2. The decision on review and/or appeal shall be given to the applicant and/or appellant and, subject to the Party’s domestic laws and regulations the reasons for such decision shall be provided in writing.
Article 14. Pre-Arrival Processing
1. Each Party shall adopt or maintain procedures allowing for the submission of import documentation and other required information in order to begin processing prior to the arrival of goods with a view to expediting the release of goods upon arrival.
2. Each Party shall, as appropriate, provide for advance lodging of documents in electronic format for pre-arrival processing of such documents.
Article 15. Release of Goods
1. Each Party shall adopt or maintain simplified customs procedures for the efficient release of goods in order to facilitate trade between the Parties. For greater certainty, this paragraph shall not require a Party to release a good if its requirements for release have not been met.
2. In accordance with paragraph 1, each Party shall adopt or maintain procedures that:
(a) provide for the release of goods within a period of time no greater than that required to ensure compliance with its customs law, and to the extent possible, within forty-eight (48) hours of goods’ arrival, provided all necessary regulatory and examination requirements have been met; and
(b) allow importers who have complied with that Party’s procedures relating to the determination of value and payment of duty to withdraw goods from customs, provided that all necessary regulatory and examination requirements have been met. As a condition for such release, a Party may require an importer to provide a guarantee, when such guarantee is required to ensure that obligations arising from the entry of the goods will be fulfilled. A Party may require a guarantee in accordance with its domestic laws and regulations that does not exceed the amount the Party requires to ensure payment of customs duties, taxes, fees and charges ultimately due for the goods covered by the guarantee.
3. If any goods are selected for further examination, such an examination shall be limited to what is necessary and shall be completed without undue delay.
Article 16. Express Shipments
Each Party shall adopt or maintain separate and expedited customs procedures for express shipments while maintaining appropriate control and customs selection. Such procedures shall:
(a) permit, as a condition for release, the submission of a single document in the form that the Party considers appropriate, such as a manifest or a declaration, covering all of the goods in an express shipment, through, if possible, electronic means;
(b) minimise, to the extent possible, the documentation required for the release of express shipments; and
(c) allow express shipments to be released under normal circumstances as rapidly as possible after goods’ arrival, provided all necessary customs documentation required for release have been submitted, and when possible within six (6) hours.
Article 17. Post-Clearance Audit
1. With a view to expediting the release of goods and enhancing customs control, each Party shall adopt or maintain post clearance audit to ensure compliance with customs law and other related laws and regulations.
2. Each Party shall select a person or a consignment for post-clearance audit in a risk-based manner, which may include appropriate selectivity criteria. Each Party shall conduct post clearance audits in a transparent manner. Where the person is involved in the audit process and a conclusive result has been achieved, the Party shall, without delay, notify the person concerned of the result of the case, the rights and obligations it has, audit findings and the reasons for the result.
3. Parties shall, wherever practicable, use the result of post-clearance audit in applying risk management and in assessing the customs compliance records of traders.
Article 18. Temporary Admission of Goods
Each Party shall allow, as provided for in its laws and regulations, goods to be brought into its customs territory conditionally relieved, totally or partially, from payment of import duties and taxes if such goods are brought into its customs territory for a specific purpose, are intended for re-exportation within a specific period, and have not undergone any change except normal depreciation and wastage due to the use made of them.
Article 19. Customs Cooperation
1. Subject to its domestic laws and regulations, the customs administration of each Party may, as deemed appropriate, assist each other in relation to:
(a) the implementation and operation of this Chapter; and
(b) such other issues as the Parties mutually determine.
2. Each Party shall endeavour to provide the other Party with timely notice of any significant modification of its customs law or customs procedures that are likely to substantially affect the operation of this Agreement.
Article 20. Consultation
1. The customs administration of each Party may at any time request consultations with the customs administration of the other Party, on any matter arising from the implementation or operation of this Chapter, where there are reasonable grounds provided by the requesting Party. Such consultations shall be conducted through the relevant contact points, and shall take place within sixty (60) days of the request, or any other possible time period that the Parties may mutually determine.
2. In the event that such consultations fail to resolve any such matter, the requesting Party may refer the matter to the Committee on Customs Procedures and Trade Facilitation for further consideration.
3. The customs administration of each Party shall designate one or more contact points for the purposes of this Chapter. Information on the contact points shall be provided to the other Party and any amendment of the said information shall be notified promptly.
Article 21. Committee on Customs Procedures and Trade Facilitation
1. With the view to the effective implementation and operation of this Chapter, a Committee on Customs Procedures and Trade Facilitation (Committee on CPTF) is hereby established, under the FTA Joint Committee.
2. The functions of the Committee on CPTF shall be as follows:
(a) ensure the proper function of this Chapter and resolve all issues arising from its application;
(b) review the interpretation and implementation of this Chapter, as well as revise this Chapter as appropriate;
(c) ensure the effective, uniform and consistent administration of this Chapter, and enhance the cooperation in this regard;
(d) identify areas related to this Chapter to be improved for facilitating trade between the Parties;
(e) exchange information on customs strategic development of each Party to strengthen cooperation between the two Parties; and
(f) make recommendations and report to the FTA Joint Committee.
3. The Committee on CPTF shall consist of representatives from customs administrations of both Parties. When both Parties deem necessary and appropriate, representatives from other relevant government agencies or relevant non-government organisations may be invited to the meetings of the Committee on CPTF. One or more contact points shall be designated for this purpose.
4. The Committee on CPTF shall meet at such venues and times as the Parties may mutually agree.
Chapter 6. Trade Remedies
Article 1. Definitions
For the purposes of this Chapter:
(a) Anti-Dumping Agreement means the Agreement on Implementation of Article VI of the GATT 1994, which is part of the WTO Agreement;
(b) domestic industry means, with respect to an imported product, the producers as a whole of the like or directly competitive product or those producers whose collective production of the like or directly competitive product constitutes a major proportion of the total domestic production of such product;
(c) Safeguards Agreement means the Agreement on Safeguards, which is part of the WTO Agreement;
(d) SCM Agreement means the Agreement on Subsidies and Countervailing Measures, which is part of the WTO Agreement;
(e) serious injury means a significant overall impairment in the position of a domestic industry;
(f) threat of serious injury means serious injury that, on the basis of facts and not merely on allegation, conjecture or remote possibility, is clearly imminent; and
(g) working days means calendar days other than Saturdays, Sundays and public holidays of the Party initiating an anti-dumping investigation.
Article 2. General Provisions
1. The Parties agree and reaffirm their commitments to abide by their rights and obligations under the Anti-Dumping Agreement, the SCM Agreement, Article XIX of the GATT 1994, and the Safeguards Agreement.
2. The Parties agree to carry out any action taken pursuant to this Chapter in a transparent manner.
Article 3. Cooperation and Consultation
1. Each Party shall designate one or more contact points for the purposes of this Chapter and provide details of such contact points to the other Party. The Parties shall notify each other promptly of any amendments to the details of their contact points.
2. A Party may request consultations with the other Party on matters arising from the operation of this Chapter. Such consultations shall be conducted through the relevant contact points, and shall take place within forty-five (45) days of the request, unless the Parties mutually determine otherwise.
Article 4. Anti-Dumping
1. Each Party agrees to strictly abide by the Anti-Dumping Agreement in any antidumping proceedings against any product of the other Party.
2. The Parties agree to observe the following practices in anti-dumping cases between them:
(a) Without prejudice to the relevant provisions of the Anti-Dumping Agreement regarding notification at the initiation stage to the exporting WTO Member whose export product is under investigation, following the acceptance of a properly documented application from an industry in one Party for the initiation of an anti-dumping investigation in respect of products from the other Party, the Party that has accepted the properly documented application should, at least seven (7) days in advance of the date of initiation of the investigation procedure, notify the other Party.
(b) The investigating authority of a Party shall, in the public notice on the initiation of an investigation, give interested parties a period of no less than twenty (20) days after the date of initiation to notify the latter’s intention to participate in the proceeding, to provide the relevant information (1) and to comment on the information contained in the notice of initiation, such as the representativeness of the applicant, the scope of the product under consideration and the evidence given to justify the initiation of the investigation. The investigating authority shall take due account of such comments. Within ten (10) working days after the expiry of the aforementioned period, the investigating authority shall make available the model questionnaires to the other Party and other interested parties (and notify them if the model questionnaires are published on the Internet).
(c) A Party’s investigating authority shall take due account of any difficulties experienced by one or more exporters of the other Party in supplying information requested and provide any assistance practicable; on request of an exporter of the other Party, a Party’s investigating authority shall make available the timeframes, procedures and, subject to that Party’s laws or regulations relating to confidential information, any documents necessary for the offering of an undertaking.
Article 5. Subsidies and Countervailing Measures
1. Each Party agrees to strictly abide by the SCM Agreement in any countervailing proceedings against any product of the other Party.
2. Neither Party shall introduce or maintain any form of export subsidy on any goods destined for the territory of the other Party.
Article 6. Global Safeguard Measures
1. A Party taking any measure pursuant to Article XIX of the GATT 1994 and the Safeguards Agreement may exclude imports of an originating product from the other Party from the action if such imports are non-injurious.
2. A Party shall advise the relevant contact points of the other Party of any safeguard action on the initiation of an investigation and the reasons for it.
Article 7. Bilateral Safeguard Measures
1. A Party shall have the right to initiate a bilateral safeguard measure on a product within the transition period for that product. The transition period for a product shall begin from the date of entry into force of this Agreement and end five (5) years from the date of completion of tariff elimination for that product.
2. A Party shall be free to take a bilateral safeguard measure, if, as a result of the reduction or elimination of a customs duty under this Agreement, an originating product of the other Party is being imported into the territory of a Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that the imports of such originating product from the other Party constitute a substantial cause of serious injury, or threat thereof, to a domestic industry producing a like or directly competitive product. Such Party may apply a safeguard measure as set by increasing the tariff rate applicable to such originating product during the transition period to the WTO MFN tariff rate applied to such product at the time when the measure is taken.
3. In applying the bilateral safeguard measure, the Parties shall adopt the rules for the application of safeguard measures as provided for under the Safeguards Agreement with the exception of the quantitative restriction measures set out in Article 5 of the Safeguards Agreement, and Articles 9, 13 and 14 of the Safeguards Agreement. As such, all other provisions of the Safeguards Agreement shall, mutatis mutandis, be incorporated into and form an integral part of this Agreement.
4. Notwithstanding the above, no safeguard measure shall be applied against a product originating in a Party as long as its share of the total imports of the product concerned in the importing Party does not exceed 3%.
5. The safeguard measure may be maintained for an initial period of up to three (3) years and may be extended for a period not exceeding one (1) year. Notwithstanding the duration of a safeguard measure on a product, such measure shall terminate at the end of the transition period for that product.
6. Upon the termination of the measure, the tariff rate applicable to the originating product shall be the rate which would have been in effect but for the measure.
7. The Party applying a measure described in paragraph 1 shall, in consultation with the other Party, provide to the other Party mutually agreed trade liberalising compensation in accordance with Article 8 of the Safeguards Agreement. The form of concessions shall have substantially equivalent trade effects or be equivalent to the value of the additional duties expected to result from the measure. If the Parties are unable to agree on compensation within forty-five (45) days in the consultations under paragraph 3, the Party against whose originating product the measure is applied may take action with respect to originating products of the other Party that has trade effects substantially equivalent to the measure. The Party taking such action shall apply the action only for the minimum period necessary to achieve the substantially equivalent effects, and in any event, only while the measure under paragraph 1 is being applied.
8. A Party shall not impose a bilateral safeguard measure in addition to any global safeguard measures on the same product pursuant to the Safeguards Agreement.
Chapter 7. Technical Barriers to Trade, Sanitary and Phytosanitary Measures
Article 44. Definitions
1. The definitions in Annex A of the WTO Agreement on Application of Sanitary and Phytosanitary Measures (the "SPS Agreement") and Annex 1 of the WTO Agreement on Technical Barriers to Trade (the "TBT Agreement") shall apply to this Chapter.
2. All definitions provided in the Annexes to this Chapter shall apply only to the respective Annexes.
3. For the purposes of this Chapter:
(a) SPS refers to sanitary and phytosanitary measures; and
(b) TBT refers to technical barriers to trade.
Article 45. Objectives
The objectives of this Chapter are:
(a) to improve the implementation of the SPS Agreement and the TBT Agreement between the Parties, so as to avoid unnecessary barriers to bilateral trade, to promote and facilitate bilateral trade, while protecting human, animal or plant life or health or fulfilling other legitimate objectives (7);
(b) to strengthen mutual understanding of the Parties' administrative systems by establishing a framework for communication and cooperation, and to resolve relevant issues arising from bilateral trade in a prompt and efficient manner, to expand the opportunities for bilateral trade.
Article 46. Scope and Coverage
This Chapter applies to all sanitary and phytosanitary measures, technical regulations, standards and conformity assessment procedures of a Party which may, directly or indirectly, affect trade between the Parties.
Article 47. Competent Authorities and Contact Points
1. The competent authorities of the Parties are the authorities responsible for the implementation of this Chapter. The contact points of the Parties are the agencies responsible for the communication and notification of information between the Parties, as specified in Annex 4 (Contact Points for TBT and SPS).
2. The Parties shall notify each other of any significant change in the structures, organisations and divisions of the competent authorities and contact points.
Article 48. Reaffirmation
The Parties reaffirm their existing rights and obligations with respect to each other under the TBT Agreement and the SPS Agreement.
Article 49. Regionalisation
1. The Parties agree to properly and actively resolve the quarantine issues of concern to each other related to the import and export of agricultural products of both Parties in accordance with Article 6 of the SPS Agreement.
2. The exporting Party may request the importing Party to recognise its pest-free or disease-free status in all or part of its territory. The importing Party shall give favourable consideration to such request and, following an assessment, may agree to recognise such pest-free or disease-free status of the exporting Party in accordance with paragraph 1. After confirmation of the pest-free or disease-free status, the importing Party shall allow agricultural products originating from these areas of the exporting Party into its markets, in accordance with the importing Party's SPS requirements.
3. If the importing Party considers that a risk with respect to a disease or pest outbreak may exist in a part or parts of the territory of the exporting Party where agricultural products destined for the importing Party originate, the importing Party may request the exporting Party to reaffirm this free status. The importing Party may also request the exporting Party to take specific eradication and control measures to ensure that the free status is maintained and to ensure that agricultural products originated therein meet the SPS requirements of the importing Party.
4. Any agreement or arrangement on regionalisation which may be concluded between the Parties under this Agreement shall be placed in the Annexes in accordance with Article 58 (Final Provisions on Annexes).
Article 50. Exchange of Information and Cooperation
1. The Parties shall strengthen the exchange of information and cooperation in the areas of mutual interest relating to TBT and SPS, such as:
(a) inspection and quarantine of animals, plants and their products;
(b) quality and safety control of products;
(c) procedure and processing period of approval of food establishments;
(d) technical regulations, standards and conformity assessment procedures; and
(e) sharing of experience in the implementation of the principle of transparency by their respective enquiry points under the TBT Agreement and SPS Agreement.
2. Each Party shall, on request, give positive consideration to proposals to supplement existing co-operation on standards, technical regulations and conformity assessment procedures. Such co-operation, which shall be on mutually agreed terms and conditions, may include but are not limited to advice or technical co-operation relating to the development or application of standards, technical regulations and conformity assessment procedures.
3. The Parties shall strengthen co-operation and communication of experience and expertise in addressing TBT and SPS measures affecting both Parties.
Article 51. International Standards
1. The Parties shall use international standards, or the relevant parts of international standards, as a basis for their technical regulations and related conformity assessment procedures where relevant international standards exist or their completion is imminent, except when such international standards or their relevant parts are ineffective or inappropriate to fulfil legitimate objectives.
2. The Parties shall co-operate with each other, where appropriate, in the context of their participation in international standardising bodies, to ensure that international standards developed within such bodies, that are likely to become a basis for technical regulations, are trade facilitating and do not create unnecessary obstacles to international trade.
3. The Parties shall strengthen communications and co-ordination with each other, where appropriate, in the context of discussions on standards and related issues in the TBT Committee under the TBT Agreement and the SPS Committee under the SPS Agreement and other relevant international or regional fora.
Article 52. Conformity Assessment Procedure
1. The Parties recognise the differences between their legal systems regarding conformity assessment and agree to discuss the possibility of mutual recognition of conformity assessment in accordance with the TBT Agreement.
2. The Parties shall exchange information on conformity assessment procedures including testing, inspection, certification, accreditation and metrology with a view to promoting the recognition of conformity assessment procedures between the Parties.
3. A Party shall give favourable consideration to a request by the other Party to recognise the conformity assessment procedures conducted by bodies in the other Party's territory through a mutual recognition agreement or arrangement.
4. Any agreement or arrangement on mutual recognition of conformity assessment procedures concluded between the Parties under this Agreement shall be specified in the Annexes in accordance with Article 58 (Final Provisions on Annexes).
Article 53. Equivalence
1. The Parties shall give favourable consideration to accepting the equivalence of each other's technical regulations and SPS measures consistent with the purpose of this Chapter, the TBT Agreement and the SPS Agreement.
2. Any agreement or arrangement on acceptance of equivalence of each other's technical regulations and SPS measures which may be concluded between the Parties under this Agreement shall be placed in the Annexes in accordance with Article 58 (Final Provisions on Annexes).
Article 54. Transparency
1. The Parties shall notify each other through their respective TBT and SPS enquiry points, under the TBT Agreement and the SPS Agreement, of any new technical regulation and SPS measure related to the trade of products in accordance with the TBT Agreement and the SPS Agreement, or any change to them. Each Party shall allow at least sixty (60) days for the other Party to present comments in writing on any notification except where considerations of health, safety, environmental protection or national security arise or threaten to arise to warrant more urgent action.
2. Each Party shall make available to the other Party, electronically or in any other form, up-to-date publications on technical regulations and any relevant conformity assessment procedures that are cited in, or may be used to comply with, those technical regulations. Each Party shall make known to the other Party the relevant standards that are cited in, or may be used to comply with, those technical regulations.
Article 55. Joint Working Group
1. The Parties hereby establish the Joint Working Group on TBT and SPS, comprising representatives from the relevant regulatory authorities of each Party.
2. The Joint Working Group shall be led and co-ordinated by co-chairs from both Parties.
3. The Joint Working Group shall be established no later than one (1) year following the date of entry into force of this Agreement. The meeting of the Joint Working Group shall take place once a year, back-to-back with the meetings of the FTA Joint Committee established under Article 111 (Implementation and Review), unless otherwise agreed by the Parties. 4. The functions of the Joint Working Group shall include:
(a) administering and supervising the implementation of this Chapter;
(b) addressing any issue and dispute arising from the implementation of this Chapter and its Annexes;
(c) reviewing this Chapter and its Annexes, making supplementary attachments and Annexes where necessary;
(d) where appropriate, facilitating co-operation in specific areas among accreditation and conformity assessment bodies in the Parties' territories;
(e) ensuring the Parties' relevant regulatory authorities negotiate on the priority issues identified by the Joint Study Report on a Free Trade Agreement between China and Singapore in an appropriate manner, in particular, mutual recognition of conformity assessment procedures on electrical and electronic equipment, regionalisation, mutual recognition of conformity assessment procedures on telecommunications equipment and equivalence;
(f) where appropriate, strengthening the exchange of information with regard to the activities of non-governmental, regional, and multilateral fora related to standardisation, technical regulations, and conformity assessment procedures; and
(g) reporting to the FTA Joint Committee on the implementation of this Chapter when appropriate. 5. Each Party shall, upon request, give favourable consideration to any sector-specific proposal made by the other Party for further co-operation under this Chapter.
Article 56. Confidentiality
1. Where a Party provides information to the other Party in accordance with this Agreement and designates the information as confidential, the other Party shall maintain the confidentiality of such information. Such information shall be used only for the purposes specified, and shall not be otherwise disclosed without the specific permission of the Party providing the information.
2. Nothing in this Chapter shall be construed to require either Party to furnish or allow access to information, the disclosure of which it considers would:
(a) be contrary to its essential security interests;
(b) be contrary to the public interest as determined by its domestic laws, regulations and administrative provisions;
(c) be contrary to any of its domestic laws, regulations and administrative provisions including but not limited to those protecting personal privacy or the financial affairs and accounts of individual customers of financial institutions;
(d) impede law enforcement; or
(e) prejudice legitimate commercial interests of particular public or private enterprises.