Level of Government: -
Obligations Concerned: Local Presence. Prohibition of Performance Requirements. Senior Management and Board of Directors National Treatment (Trade in Services and Investment)
Description: Investment and Trade in Services
New Zealand reserves the right to adopt or maintain any measure with respect to financial services as defined in GATS Annex on Financial Services that is not inconsistent with New Zealand's obligations under Articles XVI, XVII, and XVIII of GATS.
Existing Measures: -
30. Sector: All sectors
Subsector: -
Level of Government: -
Obligations Concerned: National Treatment (Trade in Services and Investment). Market Access. Most-Favoured-Nation Treatment (Trade in Services and Investment). Prohibition of Performance Requirements. Senior Management and Board of Directors
Description: Investment and Trade in Services
New Zealand reserves the right to adopt or maintain any measure necessary to protect national treasures or specific sites of historical or archaeological value, or measures necessary to support creative arts of national value. (14)
Existing Measures
31. Sector: Distribution Services
Subsector: -
Level of Government: -
Obligations Concerned: Market Access
Description: Trade in Services
New Zealand reserves the right to adopt or maintain any measure for public health or social policy purposes with respect to wholesale and retail trade services of tobacco products and alcoholic beverages.
Existing Measures: -
32. Sector: All sectors
Subsector: -
Level of Government: -
Obligations Concerned: National Treatment (Investment). Prohibition on Performance Requirements
Description: Investment
New Zealand reserves the right to adopt or maintain any taxation measure with respect to the sale, purchase or transfer of residential property (including interests that arise via leases, financing and profit sharing arrangements, and acquisition of interests in enterprises that own residential property).
For greater certainty, residential property does not include non-residential commercial real estate.
Existing Measures: -
33. Sector: Financial Services
Subsector: -
Level of Government: -
Obligations Concerned: National Treatment (Trade in Services and Investment). Most-Favoured-Nation Treatment (Trade in Services and Investment). Senior Management and Boards of Directors Prohibition on Performance Requirements. Local Presence
Description: Investment and Trade In Services
New Zealand reserves the right to adopt or maintain any measure with respect to the supply of:
(a) compulsory social insurance for personal injury caused by accident, work related gradual process disease and infection, and treatment injury; and
(b) disaster insurance for residential property for replacement cover up to a defined statutory maximum.
Existing Measures
- Accident Compensation Act 2001
- Earthquake Commission Act 1993
34. Sector: Financial Services
Subsector: Banking and other financial services (excluding insurance)
Level of Government: -
Obligations Concerned: National Treatment (Trade in Services and Investment). Market Access. Senior Management and Board of Directors
Description: Trade In Services
New Zealand reserves the right to adopt or maintain any measures with respect to the establishment or operation of any unit trust, market or other facility established for the trade in, or allotment or management of, securities in the co-operative dairy company arising from the amalgamation authorised under the Dairy Industry Restructuring Act 2001 (or any successor body).
Existing Measures: -
35. Sector: Financial Services
Subsector: Insurance and Insurance related services
Level of Government: -
Obligations Concerned: National Treatment (Trade in Services). Market Access
Description: Trade In Services
New Zealand reserves the right to adopt or maintain any measure with respect to insurance and insurance-related services for industry marketing boards established for products under the following CPC codes:
(a) 01, except 01110 and 01340 (products of agriculture, horticulture and market gardening, except wheat and kiwifruit);
(b) 02 (live animals and animal products);
(c) 211, except 21111, 21112, 21115, 21116 and 21119 (meat and meat products, except beef, sheep meat, poultry and offal);
(d) 213-216 (prepared and _ preserved vegetables, fruit juices and vegetable juices, prepared and preserved fruit and nuts, animal and vegetable oils and fats);
(e) 22 (dairy);
(f) 2399 (other food products); and
(g) 261, except for 2613, 2614, 2615, 02961, 02962 and 02963 (natural textile fibres prepared for spinning, excluding wool).
Existing Measures: Commodity Levies Act 1990
36. Sector: Financial Services
Subsector: -
Level of Government: -
Obligations Concerned : Senior Management and Board of Directors
Description : Investment and Trade In Services
New Zealand reserves the right to adopt or maintain any measure that requires all companies to have one or more directors, of whom at least one must:
(a) live in New Zealand; or
(b) live in an "enforcement country" (15) and be a director of a company that is registered (except as the equivalent of an overseas company) in that enforcement country.
Existing Measures: -
37. Sector: Financial Services
Subsector: -
Level of Government: -
Obligations Concerned: National Treatment (Trade in Services and Investment)
Description: Investment and Trade In Services
New Zealand reserves the right to adopt or maintain any measure that provides a subsidy or grant to any entities that are controlled, or wholly or partially owned, by the government that may conduct financial operations, including measures taken in relation to the privatisation of such entities.
Existing Measures: -
38. Sector: Financial Services
Subsector: -
Level of Government: -
Obligations Concerned: National Treatment (Trade in Services and Investment). Most-Favoured-Nation Treatment (Trade in Services and Investment)
Description: Investment and Trade In Services
New Zealand reserves the right to adopt or maintain any measure that provides a subsidy or grant to an entity that is systemically important to the infrastructure of the financial market, including:
(a) exchanges;
(b) clearing and settlement facilities; and
(c) market operators.
Existing Measures: -
39. Sector: Financial Services
Subsector: -
Level of Government: -
Obligations Concerned: National Treatment (Trade in Services and Investment). Market Access
Description: Investment and Trade In Services
New Zealand reserves the right to adopt or maintain any measure with respect to the establishment or operation of exchanges, securities markets or futures markets.
For greater certainty, this reservation does not apply to financial institutions participating in, or seeking to participate in, any such exchange, securities market, or futures market.
Existing Measures: -
40. Sector: All sectors
Subsector: -
Level of Government: -
Obligations Concerned: National Treatment (Trade in Services and Investment). Local Presence. Performance Requirements. Senior Management and Boards of Directors Market Access
Description: Trade in Services and Investment
New Zealand reserves the right to adopt or maintain measures it deems necessary to protect or promote Maori rights, interests, duties and responsibilities in respect of trade enabled by electronic means, including in fulfilment of its obligations under Te Tiriti o Waitangi/The Treaty of Waitangi, provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Party or as a disguised restriction on trade in services and investment.
The Parties agree that the interpretation of Te Tiriti o Waitangi/the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this Agreement.
APPENDIX A.
For the purposes of New Zealand's entry List B (10), New Zealand's obligations under Article XVI of GATS as set out in New Zealand's Schedule of Specific Commitments under GATS (GATS/SC/62, GATS/SC/62 Suppl. 1, GATS/SC/62/Suppl. 2) are improved in the following:
| Sector/subsector | Market Access Improvement |
| BUSINESS SERVICES | |
| Professional Services | |
| Legal Services in Respect of the following areas of law (CPC 861) - Practice of foreign law - Integrated engineering services (CPC 8673) - Consultancy related to Urban Planning and Landscape Architecture (CPC 8674**) | Insert new commitments with no limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| Computer And Related Services | |
| Maintenance and repair of office machinery and equipment including computers (CPC 845) Other computer services (CPC 849) | Insert new commitments with no limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| Other Business Services | |
| Management consulting services (CPC 865) Services related to management consulting (CPC 866) Placement and supply services of personnel (CPC 872) Photographic services (CPC 875) Convention services (CPC 87909**) Credit reporting services (CPC 87901) Collection agency services (CPC 87902) Interior design services (CPC 87907**) Telephone answering services (CPC 87903) Duplicating services (CPC 87904) Mailing list compilation and mailing services (CPC 87906) Services generally provided to business, not elsewhere classified in the CPC and not including convention services. These include: business brokerage services, appraisal services (other than for real estate), secretarial services, demonstration and exhibition services, etc. (CPC 87909) | Insert new commitments with no limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| COMMUNICATION SERVICES | |
| Telecommunication Services | |
| Voice telephone services (CPC 7521) Packet-switched data transmission services (CPC 7523**) Circuit-switched data transmission services (CPC 7523**) Telex services (CPC 7523**) Telegraph services (CPC 7522) Facsimile services (CPC 7521**, CPC 7529**) Private leased circuit services (CPC 7522**, CPC 7523**) Other: - Paging services (CPC 75291) - Teleconferencing services (CPC 75292) - Personal Communications Services (CPC 75213*) - Cellular services (CPC 75213*) - Trunked radio system services (CPC 7523**, CPC 75213*) - Mobile data services (CPC 7523*) | Insert new commitments with no limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| CONSTRUCTION AND RELATED ENGINEERING SERVICES | |
| Other: Renting Services related to Equipment for Construction or Demolition of Buildings or Civil Engineering, with Operator (CPC 518) | Insert new commitments with no limitations for consultancy services under mode 1, no limitations for modes 2-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| EDUCATION SERVICES | |
| Other education in respect of the following services only: - language training provided in private specialist language institutions - tuition in subjects taught at the primary and secondary levels, provided by private specialist institutions operating outside the New Zealand compulsory school system | Insert new commitments with no limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| ENVIRONMENTAL SERVICES (16) | |
| Waste water management: - consultancy relating to waste water management - for all other aspects of this service: those contracted by private industry only (CPC 9401**) Waste management - Refuse disposal services: - consultancy relating to refuse disposal - for all other aspects of this service: those contracted by private industry only (CPC 9402**) Sanitation and similar services: - consultancy relating to sanitation and similar services. D. Other - Protection of ambient air and climate: consultancy only (CPC 9404**) - Remediation and clean-up of soil and water: consultancy only (CPC 9406**) - Noise and vibration abatement: consultancy only (CPC 9405**) - Noise and vibration abatement: consultancy only (CPC 9405**) - Other environmental and ancillary services: consultancy only (CPC 9409**) | Insert new commitments with no limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
FINANCIAL SERVICES
1. New Zealand undertakes specific commitments on Financial Services in accordance with the GATS Understanding on Financial Services ("the Understanding" in this Schedule).
2. Market Access commitments in modes 1 and 2 are bound to the extent of the obligations in paragraphs B.3 and B.4 of the Understanding.
3. The admission to the market of new financial services or products may be subject to the existence of, and consistency with, a regulatory framework aimed at achieving the objectives indicated in Article 3 (Prudential Measures) of Annex 8A (Financial Services).
| Sector/subsector | Market Access Improvement |
| All insurance and insurance-related services | |
| Life insurance services (CPC 8121) Insurance intermediation, such as brokerage and agency services (CPC 8140**) Services auxiliary to insurance, such as consultancy, actuarial, risk assessment, and claim settlement services (CPC8140**) | Insert new commitments with no limitations for modes 3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| TRANSPORT SERVICES | |
| Air Transport Services | |
| Aircraft repair and maintenance services | Insert new commitments with mode 1 = "unbound", no limitations for modes 2-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| Airport operation services (CPC 74610**, excluding navigation aids) For the purposes of this entry, "Airport operation services" means air terminal, airfield and other airport infrastructure operation services excluding airport security services and services covered in ground handling services. Other supporting services for air transport (CPC 74690** excluding firefighting and fire-prevention services) Specialty air services. For the purposes of this entry "specialty air services" means any non-transportation air services, such as aerial fire-fighting, flight training, sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider towing, and helicopter-lift for logging and construction, and other airborne agricultural, industrial and inspection services. | Insert new commitments with no limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| Cargo and baggage handling services (CPC 741**) Ramp handling services (CPC 741**) Airfreight storage and warehousing services (CPC 742**) Airport management services | Insert new commitments with mode 1 = "unbound", no limitations for modes 2-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| Airport management services | Insert new commitments with no limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| Road Transport Services | |
| Commercial road transport services (passenger, goods, rental and vehicle recovery) (CPC 712 except 71235) | Insert new commitments with no limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
| OTHER SERVICES NOT INCLUDED | |
| Washing, cleaning and dyeing services | Insert new commitments with no limitations for modes 1-3 and mode 4 "Unbound, except as indicated in the horizontal section." |
ANNEX 3. SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT AND SERVICES. SINGAPORE
LIST A. EXPLANATORY NOTES
1. This List A of the Schedule of Singapore in this Annex sets out, pursuant to Article 12 (Schedules of Non-Conforming Measures) of Chapter 8 (Trade in Services) and Article 13 (Reservations and Non-Conforming Measures) of Chapter 11 (Investment), the reservations taken by Singapore with respect to measures that do not conform with obligations imposed by:
(a) Article 4 (National Treatment) of Chapter 8 (Trade in Services) or Article 3 (National Treatment) of Chapter 11 (Investment);
(b) Article 5 (Market Access) of Chapter 8 (Trade in Services);
(c) Article 9 (Most-Favoured-Nation Treatment) of Chapter 8 (Trade in Services) or Article 4 (Most-Favoured-Nation Treatment) of Chapter 11 (Investment);
(d) Article 10 (Local Presence) of Chapter 8 (Trade in Services);
(e) Article 5 (Senior Management and Board of Directors) of Chapter 11 (Investment); or
(f) Article 6 (Prohibition of Performance Requirements) of Chapter 11 (Investment).
2. In the interpretation of a reservation, all elements of the reservation shall be considered in their totality.
3. With respect to 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 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 this List A 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 Concemed specifies the obligations (National Treatment, Market Access, 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 A, 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. References in this List A to any enterprise or entity apply as well to any successor enterprise or entity, which shall be entitled to benefit from any listing of a non-conforming measure with respect to that enterprise or entity.
8. The Schedules of other Parties shall not be used to interpret Singapore's commitments or obligations under Chapter 8 (Trade in Services) or Chapter 11 (Investment).
1. Sector: All
Subsector: -
Industry Classification: -
Obligations Concerned: National Treatment (Trade in Services and Investment). Market Access
Description: Trade in Services and Investment