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United States-Singapore Free Trade Agreement |
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ANNEX 8B
SCHEDULE OF SINGAPORE
Headnotes:
1. 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.
2. References to CPC codes refer 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) and are meant to define the scope of the reservation unless otherwise stated.
3. The carve-out for subsidies in the Chapter on Cross-Border Trade in Services includes subsidies
or grants provided by a Party to service consumers.
4. The carve-outs for financial services, subsidies, and government procurement in the Chapter on
Cross-Border Trade in Services apply equally to the Investment Chapter.
5. Where an inconsistency arises in relation to the interpretation of a reservation, the Description column or portion of the reservation shall prevail to the extent of the inconsistency.
6. For greater certainty, the fact that Singapore has described a measure in the Description element
of a Schedule entry does not necessarily mean that, in the absence of such a Schedule entry, the measure would be inconsistent with Singapore’s obligations under Chapter 8 (Cross-Border Trade
in Services), Chapter 10 (Financial Services), or Chapter 15 (Investment).
8B-Singapore-1
SINGAPORE’S SCHEDULE TO ANNEX 8B
Sector -
Sub-sector -
Industry -
Classification
Obligations
concerned
National Treatment
Market Access
Local Presence
Senior Management
and Boards of Directors
Level of
Government
Central
8B-Singapore-2
Description Cross-Border Services and Investment:
part of the act of devolving a service, that it is providing in the exercise of governmental authority* at the time the Agreement enters into force:
(a) restricting the number of service suppliers;
(b) allowing an enterprise, wholly or majority owned by the Government of Singapore, to be the sole service supplier or one amongst a limited number of service suppliers;
(c) imposing restrictions on the composition of Senior Management and Board of
Directors;
(d) requiring local presence; and
(e) specifying the juridical form of the service supplier(s).
in the exercise of governmental authority as of the date this Agreement enters into force, and upon request, provide this information to the United States prior to devolving any such service.
Devolving a service means allowing an enterprise, wholly or majority-owned by the Government of Singapore and organized under the laws of Singapore, to take over and supply on a commercial basis, services that were provided in the exercise of governmental authority as of the date this Agreement enters into force.
8B-Singapore-3
If pursuant to Section I. of this reservation, Singapore has devolved a service to an enterprise that it wholly-owns and was organized under the laws of Singapore, and where justified by public health, welfare, safety concerns, or to safeguard the viability of critical economic infrastructure, Singapore reserves the right to adopt and maintain the following measures regarding the sale of any shares in that enterprise or any assets of that enterprise to any person:
II. Divestment of Government Ownership Interests After Devolution
(a) foreign ownership limitation: limit foreign ownership to no greater than 49 % of the
shares of the enterprise
(b) single share ownership limitation: impose non-discriminatory single-share ownership limits on private investors of 5 % or more of the share of the enterprise.
(c) preferential shareholder rights: reserve preferential shareholder rights for itself.
(d) senior management and board of directors restrictions: impose restrictions on the composition of senior management and board of directors, provided that foreign investors are allowed to have representation on the board of directors that recognizes their ownership levels relative to other shareholders.
*A service supplied in the exercise of governmental authority means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers.
Existing Measures
8B-Singapore-4
Sector - Sub-sector -
Industry -
Classification
Obligations
concerned
National Treatment
Most-Favored-Nation Treatment
Market Access
Local
Presence
Performance Requirements
Senior Management and Boards of
Directors
Level of
Government
Central
Description Cross-Border Services and Investment:
Singapore reserves the right to adopt and maintain any measure in relation to the
divestment of the administrator and operator of airports.
Existing Measures
8B-Singapore-5
Sector All
Sub-sector -
Industry -
Classification
Obligations
concerned
National Treatment
Most-Favored-Nation Treatment
Market Access
Local
Presence
Performance Requirements
Senior Management and Board of
Directors
Level of
Government
Central
Description Cross-Border Services and Investment:
Singapore reserves the right to adopt or to maintain any measure in relation to the provision
of health services by government owned or controlled healthcare institutions (including investments in those institutions), social security, and public training.
Existing -
Measures
8B-Singapore-6
Sector All
Sub-sector -
Industry -
Classification
Obligations
concerned
Market access
Level of
Government
Central
Description Cross-Border Services:
Singapore reserves the right to adopt or maintain any measure in relation to the types of
activities that may be conducted on land or the usage of land in accordance with its land zoning and land use policies. These measures are not aimed at, but may result in, market access limitations.
Existing -
Measures
8B-Singapore-7
Sector Broadcasting Services
Broadcasting services refers to the scheduling of a series of literary and artistic works by a content provider for aural and/or visual reception, and for which the content consumer has
no choice over the scheduling of the series. Sub-sector -
Industry -
Classification
Obligations
concerned
National Treatment
Most-Favored-Nation Treatment
Market Access
Local
Presence
Performance Requirements
Senior Management and Board of
Directors
Level of
Government
Central
Description Cross-Border Services and Investment:
Singapore reserves the right to adopt or maintain any measure in relation to broadcasting
services receivable by Singapore’s domestic audience and to the allocation of spectrum in relation to broadcasting services.
This reservation does not apply to the sole activity of transmitting licensed broadcasting services to a final consumer.
Existing Measures -
8B-Singapore-8
Sector Business Services
Sub-sector Legal Services
Industry
Classification
CPC 861, Legal Services
Obligations
concerned
National Treatment
Most-Favored-Nation Treatment
Market Access
Local
Presence
Level of
Government
Central
Description Cross-Border Services:
Singapore reserves the right to adopt or maintain any measure in relation to the
certification, registration, and admission of persons who are seeking to supply or are supplying legal services in relation to Singapore law, including the recognition of educational and professional qualifications for the purposes of such certification, registration, and admission, subject to the specific commitments undertaken by Singapore
in subparagraphs (i) through (v) of paragraph 2 of Singapore’s entry for legal services in Singapore’s Schedule to Annex 8A and the side-letter on the recognition of the degree of Doctor of Jurisprudence (J.D.) or equivalent degree for purposes of admission to the Singapore Bar.*
* This paragraph shall not affect Singapore’s rights under paragraph 3 of the side letter.
Existing
Measures
Legal Profession Act, Cap. 161
8B-Singapore-9
Sector Business services n.e.c.
Sub-sector Armed Escort Services
Armed Guard Services
Industry
Classification
-
CPC 87305, Guard Services (only applies to armed security guard services)
Obligations
concerned
National Treatment
Most-Favored-Nation Treatment
Market Access
Local
Presence
Performance Requirements
Senior Management and Board of
Directors
Level of
Government
Central
Description Cross-Border Services and Investment:
Singapore reserves the right to adopt or maintain any measure in relation to the provision
of armed escort and armed guard services.
For transparency purposes, only the Commercial and Industrial Security Corporation
(CISCO), established under the Commercial and Industrial Security Corporation Act, is currently allowed to provide such services in Singapore.
Existing Measures -
8B-Singapore-10
Sector Business services n.e.c.
Sub-sector Betting and Gambling Services
Industry -
Classification
Obligations
concerned
National Treatment
Most-Favored-Nation Treatment
Market Access
Local
Presence
Performance Requirements
Senior Management and Board of
Directors
Level of
Government
Central
Description Cross-Border Services and Investment:
Singapore reserves the right to adopt or maintain any measure in relation to the
provision of betting and gambling services.
Existing Measures Betting Act, Cap. 21
Common Gaming Houses Act, Cap. 49
8B-Singapore-11
Sector Collection and administration of proprietary government information
Sub-sector -
Industry -
Classification
Obligations
concerned
National Treatment
Most-Favored-Nation Treatment
Market Access
Local
Presence
Performance Requirements
Senior Management and Boards of
Directors
Level of
Government
Central
Description Cross-Border Services and Investment:
Singapore reserves the right to adopt or maintain any measure relating to the collection
and administration of proprietary government information gathered by entities such as
CrimsonLogic.
This reservation does not apply to the development of software and systems used in the collection and administration of such information and does not preclude the management and maintenance of such software and systems by U.S. service suppliers.
Existing Measures -
8B-Singapore-12
Sector Defence
Sub-sector -
Industry -
Classification
Obligations
concerned
National Treatment
Level of
Government
Central
Description Investment:
Singapore reserves the right to adopt or maintain any measure in relation to the retention
of a controlling interest by the Singapore Government in Singapore Technologies Engineering (the Company), including controls over the appointment and termination of members of the Board of Directors, divestment of equity, and dissolution of the Company for the purpose of safeguarding the security interest of the Republic of Singapore.
Existing -
Measures
8B-Singapore-13
Sector Educational Services
Sub-sector Preschool Education Services
Other Primary Education Services
Secondary Education Services
Higher Secondary Education Services (only applies to Junior Colleges and Pre- University Centres under the Singapore educational system)
Industry
Classification
CPC 92110, Preschool Education Services
CPC 92190, Other Primary Education
Services
CPC 92210, Secondary Education Services
CPC 92220, Higher
Secondary Education Services (only applies to Junior Colleges and Pre-University
Centres under the Singapore educational system)
Obligations
concerned
National Treatment
Most-Favored-Nation Treatment
Market Access
Local
Presence
Performance Requirements
Senior Management and Board of
Directors
Level of
Government
Central
Description Cross–Border Services and Investment:
Singapore reserves the right to adopt or maintain any measure in relation to the provision
of preschool, primary, secondary, and higher secondary (Junior Colleges and Pre- University Centres under the Singapore educational system) education services for Singapore citizens.
Existing Measures Education Act, Cap. 87
8B-Singapore-14
Sector Health and Social Services
Sub-sector Medical Services
Pharmacy Services
Industry
Classification
CPC 9312, Medical Services
-
Obligations
concerned
Market Access
Level of
Government
Central
Description Cross–Border Services:
Singapore reserves the right to adopt or maintain any limits on the number of doctors and
pharmacists who can practice in Singapore. Existing Measures -
8B-Singapore-15
Sector Health and Social Services
Sub-sector Services provided by health-related professionals
Industry -
Classification
Obligations
concerned
National Treatment
Most-Favored-Nation Treatment
Level of
Government
Central
Description Cross-Border Services and Investment:
Singapore reserves the right to adopt or to maintain any measure in relation to the
recognition of educational and professional qualifications for the purposes of admission, registration, and qualification of health-related professionals such as contact lens practitioners, dentists, doctors, nurses, midwives, and traditional Chinese medicine practitioners.
Existing Measures Contact Lens Practitioner Act, Cap. 53A Dentists Act, Cap. 76
Medical Registration Act, Cap. 174
Nurses and Midwives Act, Cap 209
Pharmacists Registration Act, Cap. 230
Traditional Chinese Medicine Practitioners Act, Act 34 of 2000
8B-Singapore-16
Sector Distribution and publication of printed media
Printed media refers to any publication containing news, intelligence, reports of occurrences, or any remarks, observations, or comments relating thereto, or to any matter of public interest, printed in any language and published for sale or free distribution at intervals not exceeding one week.
Sub-sector -
Industry -
Classification
Obligations
concerned
National Treatment
Most-Favored-Nation Treatment
Market Access
Local
Presence
Performance Requirements
Senior Management and Board of
Directors
Level of
Government
Central
Description Cross-Border Services and Investment:
Singapore reserves the right to adopt or maintain any measure in relation to the
distribution and publication of printed media. Existing Measures -
8B-Singapore-17
Sector Post and Telecommunications Services
Sub-sector Telecommunications Services
Industry -
Classification
Obligations
concerned
Market Access
Most-Favored-Nation Treatment
National Treatment
Level of
Government
Central
Measures Info-communications Development Authority of Singapore Act, Cap. 137A
Telecommunications Act, Cap. 323
Description Cross-Border Services and Investment:
Singapore reserves the right to adopt or maintain any measure that accords treatment to
persons of the other Party equivalent to any measure adopted or maintained by the other
Party limiting ownership by persons of Singapore of enterprises engaged in the provision
of public mobile and wireless communications in the territory of the other Party, including:
(a) Public Radiocommunication Services;
(Public Radiocommunication Services refer to Maritime and Aeronautical radiocommunication services)
(b) Public Cellular Mobile Telephone Service (PCMTS);
(c) Public Radio Paging Services (PRPS);
(d) Public Trunked Radio Services (PTRS);
(e) Public Mobile Data Services (PMDS);
(f) Public Mobile Broadband Multimedia Services; and
(g) Public Fixed-Wireless Broadband Multimedia Services.
Existing -
Measures
8B-Singapore-18
Sector Sewage and refuse disposal, sanitation, and other environmental protection services
Sub-sector Hazardous Waste Management, including collection, disposal, and treatment of hazardous waste
Industry
Classification
CPC 9402, Refuse disposal services
(only applies to hazardous waste management, including collection, disposal and treatment of hazardous waste)
Obligations
concerned
National Treatment
Most-Favored-Nation Treatment
Market Access
Local
Presence
Performance Requirements
Senior Management and Board of
Directors
Level of
Government
Central
Description Cross-Border Services and Investment:
Singapore reserves the right to adopt or maintain any measure in relation to hazardous
waste management, including the collection, treatment, and disposal of hazardous waste.
Hazardous waste includes bio-medical waste.
Existing Measures
8B-Singapore-19
Sector Sewage and refuse disposal, sanitation, and other environmental
Protection services
Sub-sector Waste water management, including collection, disposal and treatment of waste water.
Industry
Classification
CPC 9401, Sewerage services
(only applies to wastewater management, including the collection, disposal and treatment of waste water)
Obligations
concerned
National Treatment
Most-Favored-Nation Treatment
Market Access
Local
Presence
Performance Requirements
Senior Management and Board of
Directors
Level of
Government
Central
Description Cross-Border Services and Investment:
Singapore reserves the right to adopt or maintain any measure in relation to wastewater
management, including the collection, treatment, and disposal of waste water.
Existing Measures Code of Practice on Sewerage and Sanitary Works
Sewerage and Drainage Act, Cap. 293A
8B-Singapore-20
Sector Social Services
Sub-sector -
Industry
Classification
CPC 933, Social Services
Obligations
concerned
National Treatment
Most-Favored-Nation Treatment
Market Access
Local
Presence
Performance Requirements
Senior Management and Board of
Directors
Level of
Government
Central
Description Cross-Border Services and Investment:
Singapore reserves the right to adopt or to maintain any measure in relation to the
provision of social services, but shall not adopt or maintain any such measure in derogation of obligations or commitments undertaken in the Financial Services Chapter.
Existing Measures -
8B-Singapore-21
Sector Supply Of Potable Water
Sub-sector -
Industry -
Classification
Obligations
concerned
National Treatment
Most-Favored-Nation Treatment
Market Access
Local
Presence
Performance Requirements
Senior Management and Board of
Directors
Level of
Government
Central
Description Cross-Border Services and Investment:
Singapore reserves the right to adopt or maintain any measure in relation to the supply
of potable water.
Existing Measures Public Utilities Act, Cap. 261
Public Utilities Act 2001, Act 8 of 2001
8B-Singapore-22
Sector Transport Services
Sub-sector Public Transport Services
Public Transport Services are services that are used by and accessible to members of the public for the purposes of transporting themselves within Singapore.
Industry
Classification -
Obligations
concerned
National Treatment
Most-Favored-Nation Treatment
Market Access
Local
Presence
Performance Requirements
Senior Management and Board of
Directors
Level of
Government
Central
Description Cross-Border Services and Investment:
Singapore reserves the right to adopt or maintain any measure in relation to the
provision of public transport services.
Existing Measures Rapid Transit Systems Act, Cap. 263A
Land Transport Authority of Singapore Act, Cap. 158A Public Transport Council Act, Cap. 259B
8B-Singapore-23
Sector Transport services
Sub-sector Land Transport Services
Services Auxiliary to All Modes of Transport
Industry
Classification
CPC 742, Storage and warehousing services
CPC 748, Freight transport
agency services
(does not apply to freight forwarding by air)
CPC 749,
Other supporting and auxiliary transport services
Obligations
concerned
National Treatment
Most-Favored-Nation Treatment
Market Access
Local
Presence
Performance Requirements
Senior Management and Boards of
Directors
Level of
Government
Central
Description Cross-Border Services and Investment
Singapore reserves the right to adopt or maintain any measure that accords treatment to
persons of the other Party equivalent to any measure adopted or maintained by the other
Party in relation to the provision of storage and warehousing, freight forwarding
(excluding freight forwarding by air), inland trucking, container station, and depot services by persons of Singapore.
For the purposes of clarity, this reservation does not extend to express delivery services
as defined in the reservation for postal services, which is reproduced as follows for ease
of reference -
“Express delivery services means –
(i) the expedited collection, transport and delivery of documents, printed matter, parcels and/or other goods, while tracking the location of, and maintaining control over, such items throughout the supply of the services. Express delivery services involving letters must meet the standards of express letter services stated in paragraph (b) and (c) of the reservation for postal services; and
(ii) services provided in connection therewith, including, but not limited to, customs- related services and logistics services for the purposes of providing express delivery services.
Express delivery services may also include collection from an address designated by the sender; release upon signature; guarantee of delivery within a specified time; use of electronic and/or other advanced technologies; and ability of the sender to confirm delivery. Express delivery services does not include (1) air transport services (2) services supplied in the exercise of government authority; and (3) maritime transport services.”
Existing Measures -
8B-Singapore-24
8B-Singapore-25
Sector All
Sub-sector -
Industry -
Classification
Obligations
concerned
Most-Favored-Nation Treatment
Level of
Government
Central
Description Cross-Border Services and Investment:
Singapore 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 this Agreement.
Singapore 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 this Agreement involving:
(a) Air Services;
(b) Maritime and Port matters; and
(c) Land Transport matters. Existing Measures -
8B-Singapore-26