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India-Singapore Comprehensive Economic Cooperation Agreement |
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ANNEX 6-B
SINGAPORE’S SCHEDULE OF RESERVATIONS
Notes
This Annex sets out the reservations taken by Singapore for sectors, sub-sectors or
activities for which it may maintain existing or adopt new measures that do not conform with obligations imposed by Article 6.3, Article 6.19 and Article 6.23.
The sectors, sub-sectors or activities to which a reservation applies shall be stated in the Description of Reservation element. In the interpretation of a reservation, all elements of the reservation shall be considered in their totality.
Each reservation sets out the following elements:
(a) Sector refers to the general sector in which the reservation is taken;
(b) Sub-Sector refers to the specific sector in which the reservation is taken;
(c) Industrial Classification refers, where applicable, to the activity covered by the reservation according to the UN CPC code or domestic industry classification codes;
(d) Type of Reservation specifies the obligation (National Treatment, Market Access)
for which a reservation is taken;
(e) Description of Reservation sets out the scope of the sector, sub-sector or activities
to which the reservation applies; and identifies, for transparency purposes only, existing laws, regulations, rules, procedures, decisions, administrative actions or any other forms in relation to the non-conforming measures that apply to the sector, sub-sector or activities covered by the reservation. The measures stipulated therein are not exhaustive
Commitments
All manufacturing sectors are included in these Commitments except the following
sectors:-
- Beer and stout
- Cigars
- Drawn steel products
- Chewing gum, bubble gum, dental chewing gum or any like substance
- Cigarettes; and
- Matches
The reservations listed hereunder shall apply to the above Commitment.
388
RESERVATIONS BY SINGAPORE
Sector
|
All
|
Sub-Sector
|
-
|
Industrial
Classification
|
-
|
Type of
Reservation
|
National Treatment
|
Source of
Measure
|
Business Registration Act, Cap. 32
Companies Act, Cap. 50
|
Description of
Reservation
|
Only a person who is a Singapore citizen, Singapore permanent
resident
or Singapore Employment Pass holder will be allowed to register a
business without appointing a local manager.
A local manager must be a Singapore citizen, Singapore permanent
resident or Singapore Employment Pass holder.
All locally incorporated companies must comply with the following
requirements:
(a) at least 1 director of the company must be resident in
Singapore
(b) all branches of foreign companies registered in Singapore must
have
at least 2 agents resident in Singapore.
To be resident in Singapore, a person should be either a
Singapore citizen or Singapore permanent resident or Singapore Employment Pass
holder.
|
389
Sector
|
All
|
Sub-Sector
|
-
|
Industrial
Classification
|
-
|
Type of
Reservation
|
National Treatment
|
Source of
Measure
|
Residential Property Act, Cap. 274 (1985)
Housing & Development Act, Cap. 129 (1997)
Executive Condominium Housing Scheme Act, Cap. 99A (1997) Banking Act, Cap.
19
Finance Companies Act, Cap. 108
MAS Act, Cap. 186
|
Description of
Reservation
|
1. Only Singapore citizens and Singapore enterprises are allowed
to own restricted residential properties in Singapore.
“Restricted residential properties” is defined under the
Residential
Property Act as all properties except the following:
(a) land zoned/approved for industrial/commercial use;
(b) any flat which is comprised in a building of 6 levels or
more
(including the ground level and any level below the ground level);
and
(c) any unit which is comprised in a condominium development as
approved by the competent authority.
Note: For (b) and (c) only Singapore citizens and Singapore enterprises can
purchase/acquire the whole development.
For the purposes of paragraph 1, "Singapore enterprises"
are enterprises which are locally incorporated or organised and whose
members and directors are composed solely of Singapore citizens.
2. Only Singapore citizens are allowed to own an apartment developed
or owned by the Housing and Development Board (HDB). Singapore permanent
residents who form part of a family nucleus and bodies corporate
approved under the Housing and Development Act may own HDB apartments purchased
in the secondary market.
Only Singapore citizens are allowed to own housing accommodation
sold under the executive condominium scheme under the Executive
|
390
Condominium Housing Scheme Act. Singapore permanent residents
will be allowed to own Executive Condominiums after the expiry of a minimum occupation period as specified under the Executive Condominium Housing Scheme Act. Restrictions on foreign ownership
of Executive Condominiums will be lifted 5 years after the expiry of the minimum occupation period.
HDB flats owned wholly by Singapore Permanent Residents may be vested in the Official Assignee on bankruptcy of the owners.
Measures may be imposed to restrict financial institutions from extending S$ loans to non-Singapore citizens and non- Singapore companies for the purchase of residential property in Singapore.
391
Sector
|
All
|
Sub-Sector
|
-
|
Industry
Classification
|
-
|
Type of
Reservation
|
National Treatment
|
Source of
Measure
|
State Lands Act, Cap. 314
|
Description of
Reservation
|
Singapore may divest State Land in a manner inconsistent
with
Articles on National Treatment, and Most-Favoured Nation Treatment
.
|
392
Sector:
|
All
|
Sub-sector
|
-
|
Industry
Classification
|
-
|
Type of
Reservation:
|
National Treatment
|
Source of
Measure:
|
Insurance Act, Cap. 142, MAS Notice 109
Banking Act, Cap.19, MAS Notice 757,
Finance Companies Act, Cap. 108, MAS Notice 816,
Monetary Authority of Singapore Act, Cap. 186, MAS Notice 1105
Securities Industry Act, Cap. 15 of 1986, MAS Notice 1201
Securities and Futures Act, Cap. 289, MAS Notice 1201
|
Description of
Reservation:
|
(a) non-resident financial entities or
(b) arranging S$ equity or bond issues for non-residents, must ensure that
where the S$ proceeds are to be used outside Singapore, they are swapped or
converted into foreign currency upon draw-down or before remittance
abroad.
2. Financial institutions should not extend S$ credit facilities to non-
resident financial entities if there is reason to believe that the S$
proceeds may be used for S$ currency speculation.
3. The term “non-resident” is as defined in MAS Notice 757
issued under the Banking Act.
|
393
Sector
|
Printing, publishing and distribution of newspapers
Newspapers means any physical 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
|
-
|
Type of
Reservation
|
National Treatment
Senior Management and Board of Directors
|
Source of
Measure
|
Newspaper and Printing Presses Act, Cap. 206
|
Description of
Reservation
|
Singapore reserves the right to maintain or adopt any measure affecting the
publishing or printing of newspapers, including but not limited to,
shareholding limits and management control.
The distribution of any newspaper, whether published outside of
Singapore or in Singapore, shall be subject to the laws of Singapore.
|
394
Sector
|
Arms and Explosives
|
Sub-Sector
|
-
|
Industry
Classification
|
-
|
Type of
Reservation
|
National Treatment
Senior Management and Board of Directors
|
Source of
Measure
|
Arms and Explosives Act, Cap. 13.
|
Description of
Reservation
|
The above reservations apply to the arms and explosives sector. The
manufacture, use, sale, storage, transport, importation, exportation and
possession of arms and explosives are regulated for protection of vital security
interests.
|
395
Sector
|
Privatisation
|
Sub-Sector
|
-
|
Industry
Classification
|
-
|
Type of
Reservation
|
National Treatment
Senior Management and Board of Directors
|
Source of
Measure
|
Government Policy
|
Description of
Reservation
|
The above reservations apply to the privatisation or divestment of
corporate entities or assets currently in government ownership,
including the imposition of any terms and conditions in any such
privatisation or divestment on security or public interest grounds as a Party
imposing such terms and conditions thinks fit.
|
396
Sector
|
Manufacturing and Services incidental to Manufacturing
|
Sub-Sector
|
-
|
Industry
Classification
|
-
|
Type of
Reservation
|
National Treatment
|
Source of
Measure
|
Control of Manufacture Act, Cap. 57
|
Description of
Reservation
|
The manufacture of the following products, and services
incidental to the manufacture of these products, in Singapore, may be
subject to certain restrictions which are inconsistent with the Market
Access, National Treatment obligations:
(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 medicinal product within the meaning of the Medicines Act (Cap. 176) or
a substance in respect of which an order under section 54 of that Act has been
made);
(e) cigarettes; and
(f) matches.
|
397
Sector
|
-
|
Sub-Sector
|
-
|
Industrial
Classification
|
-
|
Type of
Reservation
|
National Treatment
|
Source of
measure
|
This is an administrative policy of the Government of Singapore and
is
inscribed in the Memorandum and Articles of Association of PSA
Corporation.
|
Description of
Reservation
|
The aggregate of foreign shareholdings in PSA Corporation is subject to a
49% 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; and
(b) Any corporation which is not more than 50% owned by Singapore citizens
or by the Singapore Government; and
(c) Any other enterprise which is not owned or controlled by the
Singapore Government
|
398
Sector
|
-
|
Sub-Sector
|
-
|
Industrial
Classification
|
-
|
Type of
Reservation
|
National Treatment
|
Source of
measure
|
This is an administrative policy of the Government of Singapore and
is
inscribed in the Memorandum and Articles of Association of the relevant
enterprises below.
|
Description of
Reservation
|
All investors, apart from the Singapore government, will be subject to the
following equity ownership limits in the enterprises listed below:
(a) Singapore Technologies Engineering - 15%
(b) PSA Corporation – 5%,
(c) Singapore Airlines – 5%
(d) Singapore Power, Power Grid, Power Supply, Power Gas – 10%
For the purposes of this reservation, ownership of equity by an
investor
in these enterprises includes both direct and indirect ownership of
equity.
|
399
Sector
|
Defence
|
Sub-Sector
|
-
|
Industry
Classification
|
-
|
Type of
Reservation
|
National Treatment
Senior Management and Board of Directors
|
Source of
Measure
|
Government Policy
|
Description of
Reservation
|
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) and/or its
successor body, including but not limited to 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 Singapore.
|
400