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Korea-Singapore Free Trade Agreement (KSFTA) |
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ANNEX 9A : RESERVATION FOR EXISTING MEASURES AND LIBERALIZATION COMMITMENTS
Section 1: Headnotes
is only inconsistent with Local Presence need not be reserved against National Treatment.
3 September 1993 and MTN.GNS/W/164 Add.1 dated 30 November 1993.
(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) Industry 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 (Market Access, National Treatment, Local Presence, Performances Requirements, Senior Management and Board of Directors) for which a reservation is taken;
(e) Source of Measure identifies the laws, regulations, rules, procedures, decisions, administrative actions or any other forms in relation to the non- conforming measures for which the reservation is taken. A measure cited in the Source of Measure element is any existing measure in force as of the date of entry into force of this Agreement and any subordinate measure adopted or maintained thereunder;
(f) Description of Reservation sets out the non-conforming measure to which the reservation applies; and
(g) Phase-out sets out commitments, if any, for liberalization after the date of
entry into force of this Agreement.
2
Section 2 : Schedule of Korea
Sector: All Sectors
Sub-sector:
Industry Classification:
Type of Reservation: National Treatment
Source of Measure: Article 5 and 8 of the Foreign Investment Promotion Act
(Law No. 7039, Dec. 31, 2003)
Article 6 and 8 of the Enforcement Decree of the Foreign Investment Promotion Act (Presidential Decree No. 18221, Jan. 13, 2004)
Article 2 and 5 of the Ordinance of Foreign Investment
Promotion Act
Description: Investment
A foreigner who intends to make a foreign direct investment
shall, in advance, make report to the Minister of Commerce, Industry and Energy in accordance with the Ordinance of the Ministry of Commerce, Industry and Energy. The same shall apply to any modification of matters such as the amount of foreign direct investment and the ratio.
The term "foreign direct investment" shall refer to any of the following;
(a) Where a foreigner purchases, under the conditions prescribed by the Presidential Decree, stocks or holdings of a Korean corporation (including a Korean corporation in the process of being established) or a company run by a national of the Republic of Korea, for the purpose of establishing a continuous relationship with and participating in the management of said Korean corporation or company;
(b) Where a loan with the maturity of not less than five years
is extended to a foreign-capital invested company by its overseas holding company or by a company in a relationship with said holding company of the capital investment prescribed by the Presidential Decree;
3
Sector: All Sectors
Sub-sector:
Industry Classification:
Type of Reservation: Performance Requirements
Source of Measure: Law No. 7154 Articles 24, 27 of the Act on Employment Promotion and Vocational Rehabilitation for the Disabled, Jan. 29, 2004
Presidential Decree No. 18415 Article 24 of the
Enforcement Decree of the Act, June 5, 2004
Description: Investment
Owners of a business hiring over a particular number of
workers (currently 50 workers or more) are required to employ the disabled within 5 percent of the total number of employees as set by the Presidential Decree (currently at
2%). Those who fail to meet this requirement will have to pay a levy.
4
Sector: Business Services
Sub-sector: Professional Services
Industry Classification: CPC 8671 Architectural Services
Type of Reservation: Local Presence
Source of Measure: Article 23 of the Certified Architects Act (Law No. 6503, Aug. 14, 2001)
Articles 22, 23 of its Enforcement Decree (Presidential
Decree No. 18312, Mar. 17, 2004)
Article 13 of its Enforcement Regulations (Ordinance of the
MOCT No. 368, Jul. 25, 2003)
Description: Cross-Border Trade in Services
A person who intends to operate architectural services
business shall hold a license issued in Korea, shall establish an office in Korea, and shall register with the Minister of Construction and Transportation(MOCT) as required by the Certified Architects Act, its Enforcement Decree and its Enforcement Regulation.
5
Sector: Business Services
Sub-sector: Industrial Safety and Health Institution
Industry Classification: CPC 867 Architectural, Engineering and Other Technical
Services
CPC 92900 Other Education Services
CPC 93199 Other Human Health Services
Type of Reservation: Local Presence
Source of Measure: Law No. 6847 The Article 15, 16, 30, 31, 36, 42, 43, 49 of the Industrial Safety & Health Act, Dec, 30, 2002
Description: Cross-Border Trade in Services
In the case where an occupational safety·health service
institution wishes to provide safety·health management or diagnosis service under the Industrial Safety and Health Act, the institution must be present in the territory of Republic of Korea, should have manpower, facilities and equipments prescribed by safety·health related regulations and should be designated by the Director of the Regional Labor Office in charge of the area that the business, they wish to provide the service, is located.
* Type of service institution : Safety management service institution(Article 15), Health management service institution(Article 16), Specialized institution providing guidance on accident prevention(Article 30), Designated educational institution(Article 31), Designated inspection institution for dangerous machines and instruments(Article 36), Designated monitoring institution(Article 42), Special health examination institution(Article 43), Safety and health diagnosis institution(Article 49)
6
Sector: Business Services
Sub-Sector: Other Business Services
Industry Classification: CPC 86752~4 Science and Technology Related Consulting
Services (Surveying Business)
Type of Reservation: Local Presence
Source of Measure: Article 39 of the Surveying Act (Law No. 7102, Jan. 20, 2004) Articles 15, 16, 18 of its Enforcement Decree (Presidential
Decree No. 18476, Jan. 20, 2004)
Article 19 of its Enforcement Regulations (Ordinance of the
MOCT No. 404, Jul. 21, 2004)
Description: Cross-Border Trade in Services
A person who intends to operate a surveying business shall
establish an office and register with the Minister of Construction and Transportation or with the mayor of “shi” or governor of “do” according to the categories as set by the Presidential Decree.
** It is understood that the stipulations of Article 18 table 2 of the Presidential Decree (“a foreigner applying for registration of surveying business shall have established and registered a place of business within Korea”) is to emphasize the LP requirement.
7
Sector: Business services
Sub-Sector: Advertising
Industry Classification: CPC 871 – Advertising Services
Type of Reservation: Performance Requirements
Senior Management and Boards of Directors
Source of Measure: Law No.7213, The Article 13 and 73 of the Broadcasting Act,
March 22, 2004
Law No.6138, The Article 11 of Korea Broadcasting Advertising
Corporation Act, Jan 12, 2000
Description: Investment
Those who are not Korean nationals shall not be the
representative or chief programmer of an electric billboard operator.
A representative of a foreign legal entity or organization shall not be the representative or chief programmer of an electric billboard operator.
There are minimum non-profit advertisement requirements for electric billboard broadcasting services.
Those who are not Korean nationals shall not be the representative or member of Board of Directors of Korea Broadcasting Advertising Corporation.
8
Sector: Business Services
Sub-Sector: Professional Services
Industry Classification: CPC 8672 Engineering Services
Type of Reservation: Local Presence
Source of Measure: Article 8 of Act on Assessment of Impacts of Works on the
Environment, Traffic, Disasters, etc. (Law No. 7186, Mar. 11,
2004)
Article 4, 5 of its Enforcement Regulation (Ordinance of the
MOCT No. 383, Dec. 19, 2003)
Description: Cross-Border Trade in Services
A person who intends to establish a “traffic impact assessment
agency” for the purpose of providing traffic impact assessment services shall hold a proper license (professional engineer in the field of transportation) issued in Korea, shall establish a business in Korea, and shall register with the Minister of Construction and Transportation in accordance with the Act on Assessment of Impacts of Works on the Environment, Traffic, Disasters, etc. and its Enforcement Regulation.
9
Sector: Business Services
Sub-sector: Professional Services
Industry Classification: CPC 8672 Engineering Services
CPC 8673 Integrated Engineering Services
CPC 86762 Testing & analysis services of physical properties
Type of Reservation: Local Presence
Source of Measure: Article 9 of the Special Act on the Safety Control of Public
Structures (Law No. 6941, Jul 25. 2003)
Articles 10, 11 of its Enforcement Decree (Presidential
Decree No. 18312, Mar. 17, 2004)
Articles 25, 28 of the Construction Technology
Management Act (Law No. 7171, Feb. 9, 2004)
Articles 49, 54 of its Enforcement Decree (Presidential
Decree No.18312, Mar. 17, 2004)
Description: Cross-Border Trade in Services
A person who intends to provide safety check and precision
safety diagnosis of facilities services shall establish a business office in Korea and register as a “specialized safety diagnosis agency” with the Minister of Construction & Transportation as stipulated in the Special Act on the Safety Control of Public Structures, its Enforcement Decree, and its Enforcement Regulation.
A person who intends to establish a “specialized institution for quality inspection” for the purpose of providing quality control testing/inspection of construction work services shall establish an office in Korea and register with the Minister of Construction and Transportation in accordance with the Construction Technology Management Act, its Enforcement Decree, and its Enforcement Regulation.
A person who intends to provide supervising services of construction works shall establish an office in Korea and register as a “specialized construction supervising firm” with the Minister of Construction and Transportation as stipulated in the Construction Technology Management Act, its Enforcement Decree, and its Enforcement Regulation.
10
Sector: Business Services
Sub-sector: Real Estate Services
Industry Classification: CPC 821, 822 Real Estate Services
Type of Reservation: Local Presence
Source of Measure: Article 4 of the Real Estate Brokerage Act (Law No. 6236, Jan. 28, 2000)
Articles 3, 5 of its Enforcement Decree (Presidential
Decree No. 18312, Mar. 17, 2004)
Article 2 of its Enforcement Regulation (Ordinance of the
MOCT No. 338, Nov. 11, 2002)
Articles 18, 19 of the Public Notice of Values and
Appraisal of Lands, etc. Act (Law No. 6655, Feb. 4, 2002)
Articles 27, 29, 30, 31 of its Enforcement Decree
(Presidential Decree No. 18312, Mar. 17, 2004)
Articles 11, 13, 14 of its Enforcement Regulation
(Ordinance of the MOCT No. 354, Apr. 1, 2003)
Description:
Cross-Border Trade in Services
A person who intends to provide real estate brokerage
services shall hold a real estate broker license issued in Korea, shall establish a brokerage office in Korea, and shall register with the head of shi/gun/gu as stipulated by the Real Estate Brokerage Act, its Enforcement Decree, and its Enforcement Regulation.
A person who intends to provide real estate appraisal services shall hold a license issued in Korea, shall establish
a real estate appraisal office, a joint real estate appraisal office, or real estate appraisal company, and shall register with (for real estate appraisal office, joint real estate appraisal office) or be approved by (for real estate appraisal company) the Minister of Construction and Transportation as stipulated by the Public Notice of Values and Appraisal of Lands, etc. Act, its Enforcement Decree, and its Enforcement Regulation.
11
Sector:
Distribution Services
Sub-sector: Retailing Services
Industry Classification: Part of CPC 63211 Supply and Retail Distribution of Pharmaceutical Goods to the General Public
Type of Reservation: Local Presence
Market Access
Source of Measure: Law No. 7148 Article 1, Article 35 and Article 41 of the
Pharmaceutical Affairs Act, January 29, 2004
Description: Cross-Border Trade in Services
Only those who have a pharmacist license issued by
the Minister of Health and Welfare are able to establish and operate a pharmacy in the territory of the Republic of Korea.
In order to protect the public health, only those certified pharmacists who established and are operating (or are employed in) a pharmacy in the territory of the Republic of Korea shall be allowed to dispense and sell pharmaceutical products to the general public.
The general public must purchase pharmaceutical products only in the established pharmacies.
12
Sector: Business Services
Communications Services,
Recreational, Cultural and Sporting Services
Sub-sector: Other Business Services Audiovisual Services, Entertainment Services
Industry Classification: CPC 88442 Printing, Publishing Services
CPC 9611 Motion Pictures and Video Tape Production and
Distribution Services
CPC 9619 Other Entertainment Services
Type of Reservation: National Treatment
Market Access
Source of Measure: Law No. 6721, Articles 12, 14 of the publication and printing promotion act, Aug. 26, 2002
Presidential Decree No. 17921, Articles 7, 9 of its
Enforcement Decree, Feb. 24, 2003
Ordinance of the Ministry of Culture and Tourism No. 73, Article 7 of its Enforcement Regulations, Feb. 27, 2003
Law No. 6632, Article 6 of the Promotion of the Motion
Pictures Industry Act, Jan. 26, 2002
Presidential Decree No. 17616, Article 4 of its Enforcement
Decree, May. 27, 2002
Ordinance of the Ministry of Culture and Tourism No. 66, Article 5 of its Enforcement Regulations
Law No. 7131, Article 35 of the Sound Records, Video
Products, and Game Software Act, Jan. 29, 2004
Presidential Decree No. 17395, Article 16 of its
Enforcement Decree, Oct. 20, 2001
Ordinance of the Ministry of Culture and Tourism No. 57, Article 8 of its Enforcement Regulations, Nov. 16, 2001
Law No. 6632, Articles 6, 7 of the Public Performance Act, Jan. 26, 2002
Presidential Decree No. 17695, Articles 4, 6 of its
Enforcement Decree, Jul. 30, 2002
Ordinance of the Ministry of Culture and Tourism No. 70, Article 4 of its Enforcement Regulations, Sep. 11, 2002
Description: Cross-Border Trade in Services
Any person who intends to import foreign publications
falling under any of the following categories for the purpose of domestic distribution shall obtain a recommendation for
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import from the Minister of Culture and Tourism.
(a) Publications issued by North Korea or antinational groups
(b) Novels, comics, photo albums, pictorial series and magazines
The Minister of Culture and Tourism may not render a recommendation for import, or may order the suspension or restriction of distribution or the deletion of contents pursuant to the outcome of deliberation on the imported foreign publications by the Korea Publication Ethics Commission.
A person who desires to import foreign movies shall obtain
a recommendation from the Korea Media Rating Board.
A person who desires to import sound records manufactured abroad on a commercial basis or to manufacture foreign sound records domestically shall obtain a recommendation from the Korea Media Rating Board.
A foreigner who seeks to hold or provide a public performance or a person who desires to invite a foreigner to hold a public performance in Korea shall obtain a recommendation from the Korea Media Rating Board.
The Board may not make a recommendation if the contents of this performance or the performers fall under any of the following subparagraphs
(a) Where they may be harmful to national interest or may offend the feelings of the people
(b) Where they may be detrimental to public morals
(c) Where they may cause corruption or harm to the order and practice of public performance in Korea
(d) Where they justify a criminal act or depict a criminal tool in excessive detail
(e) Where they use vulgar or obscene language or depict
such actions
14
Sector: Business Services
Sub-sector: Job Placement Services, Labor Supply and Worker
Dispatch Services
Industry Classification: CPC8720 Placement and Supply Services of Personnel
Type of Reservation: Local Presence
Source of Measure: Law No. 5884 The Article 19, 33 of the Employment Security
Act, Feb. 8, 1999
Ministry of Labor Decree No. 174 The Article 18, 37 of the
Enforcement Decree of the Act, August 21, 1999
Law No. 5512 The Article 7 of the Act Relating to Protection for Dispatched Worker, July 1, 1998
Presidential Decree No. 15828 The Article 3 of the
Enforcement Decree of the Act, July 1, 1998
Description: Cross-Border Trade in Services
Fee-charging job placement services, labor supply
businesses, and worker dispatch services shall establish an office that is not smaller than the following standards in size:
- Fee-charging job placement services : 20 m²
(In case of a legal entity: 33 m²)
- Worker Dispatch services : 66 m²
- Labor Supply businesses : 33 m²
In addition, fee-charging job placement services shall be registered with the head of local city, county, district offices; and labor supply businesses and worker dispatch services are required to obtain authorization from the Minister of Labor.
15
Sector: Business Services
Sub-sector: Investigation and Security Services
Industry Classification:
Type of Reservation: Local Presence, Market Access
Source of Measure: Law No. 6787, Article 3 and 4 of the Certified Private
Security Act, Dec 18, 2002
Presidential Decree No. 18124, Articles 3,4 of its
Enforcement Decree, Nov 11, 2003
Ordinance of the Ministry of Government Administration and Home Affairs, No.209, Article 3 of its Enforcement Regulations, Nov 17, 2003
Description: Cross-Border Trade in Services
Legal entity that wants to get a license to pursue Guard and
Other Protective Services or Private Security Services in Korea should be equipped with security personnel, capital and necessary facilities.
When a legal entity wants to carry out private security business on a contract basis, it should get permission from the chief of the local police office that has jurisdiction over its main office.
16
Sector: Business Services
Sub-sector: Research Services
Industry Classification: CPC 8510 Research and Experimental Development
Services on Natural Science and Engineering
Type of Reservation: National Treatment
Source of Measure: Law No. 5809, Article 6, 7, 8 of the Marine Scientific
Research Act, Feb. 5, 1999
Law No. 4986, Article 5 of the Territorial Sea and
Contiguous Zone Act, Dec. 6, 1995
Description: Cross-Border Trade in Services and Investment
Any foreign national or juridical personal intending to
conduct research in a juridical water of the Republic of Korea shall be required to submit such a request, six months in advance, to the Minister of Maritime Affairs and Fisheries via the Minister of Foreign Affairs and Trade.
For activities in territorial waters, authorization of the Minister of Maritime Affairs and Fisheries is required, and for activities in Exclusive Economic Zone, consent by such Minister is required.
17
Sector: Business Services
Sub-Sector: Services relating to Agriculture and Livestock
Industry Classification: CPC 0113 Rice, Not Husked
CPC 0115 Barley
KSIC 01212 Farming of Beef Cattle
KSIC 51312 Wholesale of Meat
Type of Reservation: National Treatment
Source of Measure: Law No. 7039 Article 4 of the Foreign Investment Promotion Act,
Dec. 31, 2003
Presidential Decree No. 18222 Article 5 of its Enforcement
Decree, Dec. 31, 2003
Description: Investment
Only Korean citizens may invest in the rice or barley industry in
the Republic of Korea
Foreign nationals or foreign legal entities are permitted to hold less than 50 per cent of the shares or stocks of legal entities engaged in farming beef cattle.
Foreign nationals or foreign legal entities are permitted to hold less than 50 per cent of the shares or stocks of legal entities engaged in the wholesale of meat
18
Sector: Business Services
Sub-sector: Vocational Competancy Development Training Services
Industry Classification: CPC 92900 Other Education and Training Services
Type of Reservation: Local Presence
Source of Measure: Law No. 6455, Articles 2, 11, 16, 16-2, 17, 22, 28,29, 31 of the Vocational Training Promotion Act, Mar 28, 2001
Description: Cross-Border Trade in Services
If a training institution which conducts vocational
competency development training wants to receive financial supports for training costs and loans for training from the employment insurance fund, it shall obtain approval for training course from the Minister of Labor after being qualified as a legitimate training institution and having training facilities, equipment, etc. Determined by the Minister of Labor pursuant to the Vocational Training Promotion Act and its subordinate rules and regulations.
19
Sector: Communication Services
Sub-Sector : Courier Services
Industry Classification: CPC 7512
Type of Reservation: Local Presence
Source of Measure: Article 139 of the Aviation Act (Law No. 7024, Dec. 30,
2003)
Article 3 of the Trucking Transport Business Act (Law No.
7100, Jan. 20, 2004)
Description: Cross-border Trade in Services
A person who intends to operate commercial documents
delivery business shall file a report of its intent to the Minister of Construction and Transportation in accordance with the related laws. In case of juridical persons, an office must first be established and operation of business reported.
20
Sector: Communications Services
Sub-Sector: Audiovisual Services
Industry Classification: CPC 9612 Motion Picture Projection Service
Type of Reservation: National Treatment
Performance Requirements
Source of Measure: Law No. 6632, Article 28 of the Promotion of the Motion Picture
Industries Act, Jan. 26, 2002
Presidential Decree No. 17616, Article 13 of its Enforcement
Decree, May. 27, 2002
Description: Investment
Operators of Movie theaters shall screen Korean movies for not
less than 146 days a year in all.
21
Sector: Telecommunications
Sub-sector: Basic Telecommunications Services
Industry Classification:
Type of Reservation: National Treatment, Local Presence, Market Access
Source of Measure: Telecommunications Business Act Article 5.2,6, 59.2, Appendix Article 4
Radio Waves Act Article 20
Description: Cross-Border Trade in Services and Investment
A person falling under any of the following subparagraphs
(a) The State or a local government
(b) A foreign government or a foreign legal entity
(c) A legal entity in which a foreign government or a foreigner holds combined stocks in excess of 49% of the
total issued stocks
Limitation on stocks held by foreign government or foreigner
(a) A foreign government or a foreigner shall not hold
combined stocks of a facilities-based telecom carrier in excess of 49% of the total issued stocks.
(b) A legal entity in which a foreign government or a foreigner(including a specially related person under Article
36.3 of the Securities Exchange Act) is the largest
shareholder and holds over 15% of its total issued stocks shall be regarded as a foreigners.
(c) Notwithstanding the preceding paragraph, a legal entity that holds less than 1% of the total issued stocks of a facilities-based telecom carrier shall not be regarded as a foreigner.
(d) A foreign government or a foreigner shall not become
the largest shareholder of Korea Telecom, However, this provision shall not apply to the case a foreign government or a foreigner holds less than 5% of the total issued stocks of Korea Telecom.
Under the Radio Waves Act, a person who does not hold the nationality of the Republic of Korea, a foreign government or its representative, and a foreign legal entity or a foreign organization shall not be permitted to establish a radio station.
22
Any person who intends to provide facilities-based telecom services from abroad without a local presence in Korea shall sign a commercial arrangement on cross-border supply of facilities-based telecom services with facilities-based telecom carrier or reseller in Korea that provides the same services.
23
Sector: Construction Services
Sub-Sector: Construction Services
Industry Classification: CPC 511~518 Construction Services
Type of Reservation: Local Presence, Performance Requirements
Source of Measure:
Articles 9, 10, 30 of the Framework Act on the Construction
Industry (Law
No. 6938, Jul. 25, 2003)
Articles 7, 8, 13, 33 of its Enforcement Decree (Presidential
Decree No.
18312, Mar. 17, 2004)
Articles 2, 3, 27 of its Enforcement Regulation (Ordinance of the
MOCT
No. 371, Aug. 26, 2003)
Description: Cross-Border Trade in Services and Investment
A person that intends to operate a construction business in Korea
shall establish an office in Korea (identifying its representative) and register with the Minister of Construction & Transportation for general construction business and with the mayor of “shi” or governor of “do” for specialized construction business in accordance with the requirements stipulated in the Presidential Decree. Foreign nationals or foreign juridical entities that intend to operate a construction business in Korea must ensure that its office in Korea is established, at the latest, prior to the signing of the first contract for its construction work.
When a general contractor receives an order of construction work exceeding two(2) billion KRW, it shall subcontract a portion of its work to specialized contractors according to the following guideline :
- Contract between 2 billion ~ 3 billion KRW : at least 20% of the value of the contract
- Contract over 3 billion KRW : at least 30% of the value of
the contract
24
Sector: Construction Services
Sub-Sector: Renting, Maintenance & Repair, Sales and Disassembly of
Construction Equipment
Industry Classification: CPC 518 Renting Services of Construction Equipment
CPC 8862 Maintenance & Repair
CPC 83107 Leasing or rental services concerning construction machinery and equipment without operator
Type of Reservation: Local Presence
Source of Measure: Article 21 of the Construction Machinery Management Act
( Law No. 6363, Jan. 16, 2001)
Articles 13, 14, 15, 15-2 of its Enforcement Decree (Presidential
Decree No. 18312, Mar. 17, 2004)
Articles 57, 58, 59, 60, 61, 62, 63, 65-2, 65-3 of its Enforcement
Regulation (Ordinance of the MOCT No. 373, Sep. 26, 2003)
Description: Cross-Border Trade in Services
A person who intends to operate a construction machinery
business (rental, maintenance & repair, sales, disassembly businesses) shall file a report to the mayor of shi or governor of do.
Categories of businesses to be reported shall be determined by the Presidential Decree and the person filing a report of a business shall establish an office in accordance with the requirements set in the Ordinance of the Ministry of Construction and Transportation.
A person who has reported a business pursuant to the regulations but fails to meet necessary requirements shall be forced to close the business if all requirements are not satisfactorily met within a month.
Matters pertaining to reporting procedures, issuance of report certificates, etc. are determined by the Ordinance of the Ministry of Construction and Transportation.
25
Sector: Business Services
Sub-sector: Consulting Services(Industrial Safety and Health
Consulting)
Industry Classification: CPC 867 Architectural, Engineering and Other Technical
Services
Type of Reservation: Local Presence
Source of Measure: Law No. 6847 The Article 52-4 of the Industrial Safety & Health Act, Dec, 30, 2002
Description: Cross-Border Trade in Services
Anyone, who wishes to provide consulting services in the
area of industrial safety or hygiene under the Industrial Safety and Health Act such as evaluation/safety consultation in the work process and evaluation/improvement consultation for the working environment, must have an office(or local address) in the territory of Republic of Korea and a qualification prescribed by the law and should register with the Director of Regional Labor Office in charge of the area that the Office is located
26
Sector: (i) Consulting Services
Sub-Sector: Planning and Forecasting in Energy Consumption
Industry Classification: (ii) CPC 87909 Other Business Services
CPC 88700 Services Incidental to Energy Distribution CPC 91132 Administrative Fuel and Energy Related Services
Type of Reservation: Local Presence
Market Access
Source of Measure: The Article 8, 9, 10, 22 of the Energy Conservation Act,
Dec 28, 1979
Description: Cross-Border Trade in Services
Prior to the establishment of energy-using company or
facility, the representative of the company (or facility) is required to submit the Energy Consumption Plan to the Minister for MOCIE. And The Energy Consumption Plan may be drawn up by an agency. The Agency should register with MOCIE, under certain conditions.
The Energy Saving Company should register with
MOCIE, under certain conditions.
Phase out
27
Sector: Distribution Services
Sub-sector:
Industry Classification: CPC 62111 Sales of Agricultural Raw Materials and Live
Animals On a Fee or Contract Basis
CPC 6221 Wholesale Trade Services of Agricultural Raw
Materials and Live Animals
Type of Reservation: National Treatment, Market Access, Local Presence
Source of Measure: Law No. 6821 Article 27 of the Livestock Industry Act, Dec.
26, 2002
Law No. 6699 Article 17, 43 and 47 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products, May 13, 2002
Description: Cross-border Trade in Services and Investment
The Livestock Cooperative is entitled to open and manage
animal markets according to Agricultural Cooperative Law. Central wholesale markets shall be opened by specific cities or metropolises, and local wholesale markets shall be opened by special cities, metropolises and cities.
Joint markets shall be opened by the producers' organizations and public corporations such as cooperatives of agriculture, forestry and fishery designated by the Presidential Decree.
When a private person intends to open a private wholesale market in a specific city, metropolises or city, he/she should get permission from a mayor or governor concerned
28
Sector: Educational Services
Sub-sector:
Industry Classification: CPC 923 Higher Education Services
Type of Reservation: National Treatment, Market Access, Local Presence
Senior Management and Boards of Directors
Source of Measure: Article 23, 32 of Higher Education Act, Article 15, 28 of
Higher Education Enforcement Decree
Article 3, 21 of Private School Act
Article 7, 18 of Seoul Metropolitan Area Readjustment
Planning Act
Article 3, 4 of Regulation on joint-operation of educational programs between local and foreign universities
Description: Cross Border Trade in Services and Investment
50 Percent or more of the members of the board of directors
of private schools must be composed of Korean citizens. Provided that foreign national or foreign legal entities contributed to one half or more of the basic property of a university, the board may be composed of foreign nationals less than two-thirds of the total members.
Credits taken at other higher education institutions are not recognized for more than half of the total credits required for graduation from the institution where a person gets education.
Only those non-profit school juridical persons approved by Minister of Education and HRD may establish higher education institutions (4-year Universities and 2-3 year junior colleges excluding types listed on Annex 9B) under the Minister's authorisation.
Establishment of higher education institutions other than Technology Universities and Intra-company Universities is not allowed in the Seoul Metropolitan Area.
Also, Minister of Education and HRD may restrict the total number of students for each higher education institution.
Junior Colleges, Universities and Industrial Universities may operate joint educational programs with foreign universities which obtained accreditation by foreign public accreditation bodies or which acquired recognition or recommendation by their governments, in the field of state-
29
of-the-art technologies, basic sciences, international studies and specialization of the respective Korean universities.
30
Sector: Educational Services
Sub-sector:
Industry Classification: Adult Education Services (CPC 924)
Type of Reservation: National Treatment, Market Access
Source of Measure: Article 12, 15 of the Establishment and Operation of Private Educational Institutions and Extracurricular Lessons Act, Article 7-2 of the Establishment and Operation
of Private Educational Institutions and Extracurricular
Lessons Enforcement Decree
Article 7, 18 of Seoul Metropolitan Area Readjustment
Planning Act
Description: Cross Border Trade in Services and Investment
Types of adult education institutions foreigners can
establish in Korea, are limited to private education institutions called "Hagwon for adults" defined in the
'Establishment and Operation of Private education
Institutions and Extracurricular Lessons Act', Life-long education facilities annexed to work places, NGOs, schools, mass-media, and those related to the development of knowledge and human resources based on the ‘Life-long Education Act’.
Superintendent of provincial education offices may regulate tuition rates for "Hag-won" on a non-discriminatory basis.
If adult education institutions are registered as training facilities, the establishment and/or enlargement of them may be restricted in Seoul Metropolitan Area pursuant to Seoul Metropolitan Area Readjustment Planning Act.
31
Sector: Environmental Services
Sub-sector: Air Quality Monitoring/Control
Water Quality Monitoring
Waste Water (Sewage) Treatment
Waste Collection/Disposal Services
Noise Vibration Monitoring and Abatement
Environmental Impact Assessment
Toxic Chemical Dealing Services
Industry Classification: CPC 86761 Composition and Purity Testing and Analysis
Services
CPC 94010~94060 & 94090 (Sewage and Refuse Disposal, Sanitation and Other Environmental Protection Services)
Type of Reservation: Local Presence
Source of Measure: Law No. 7168, Article 43 of the Water Quality
Conservation Act, Feb. 9, 2004
Law No. 6913, Article 15, 17, 18 of the Development of and
Support for environmental Technology Act, May 29, 2003
Law No. 6913, Article 37, 40 of the Clean Air Conservation
Act, May 29, 2003
Law No. 7020, Article 8 of the Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, etc., Dec. 30, 2003
Law No. 7129, Article 35, 38, 39 of the Act on the Disposal of Sewage, Excreta and Livestock Wastewater, Jan. 29,
2004
Law No. 6153, Article 15, 20, 26 of the Toxic Chemicals
Control Act, Jan. 12, 2000
Law No. 7022, Article 26 of the Wastes Control Act, Dec.
30, 2003
Law No. 6515, Article 37 of the Prevention of Marine
Pollution Act, Sept. 12, 2001
Law No. 6909, Article 40 of the Act on Special Measures for the Deregulation of Corporative Activities, May 29,
2003
Description: Cross-Border Trade in Services
A person that intends to provide environmental services, set out in this sub-sector and industry classification, in the Republic of Korea, is required to obtain a certificate of qualification, establish an office, and register with the
Minister of Environment or the head of the metropolitan city or province pursuant to relevant Korean laws.
32
Sector: Environmental Services
Sub-sector: Air Quality Control
Waste Water (Sewage) Treatment Waste Collection/Disposal Services Toxic Chemical Dealing Services
Industry Classification: CPC 86761* Composition and Purity Testing and Analysis
Services CPC 92900 Other Education Services
CPC 94010* Sewage services
CPC 94020* Refuse disposal services
CPC 94030 Sanitation and similar services
CPC 94060* Nature and landscape protection services
CPC 94090* Other environmental protection services n.e.c.
Type of Reservation: Market Access
Source of Measure: Law No. 6913, Article 37 of the Clean Air Conservation
Act, May 29, 2003
Law No. 7022, Article 26 of the Waste Control Act, Dec. 30,
2003
Presidential Decree No. 18471, Article 6, 25, 28 of the
Enforcement Decree of the Waste Control Act, Jun. 30, 2003
Presidential Decree No. 18464, Article 13 of the
Enforcement Decree of the Sewerage Act, Jun. 29, 2004
Law No. 6153, Article 36 of the Toxic Chemicals Control
Act, Jan. 12, 2000
Ordinance of the Ministry of Environment No. 132, Article
46 of the Enforcement Regulations of the Toxic Chemicals
Control Act, Oct. 1, 2002
Presidential Decree No. 17433, Article 4 of the
Enforcement Decree of the Groundwater Act, Dec. 19, 2001
Law No. 7168, Article 48 of the Water Quality Conservation
Act, Feb. 9, 2004
Description: Cross-Border Trade in Services
In the Republic of Korea, the qualification for an agency of the services, set out in this sub-sector and industry classification, may be limited pursuant to relevant Korean laws.
Refuse collection and transport services may be limited with their service areas pursuant to relevant Korean laws.
CPC 86761* excludes inspection, testing and analysis services of air, water, noise level and vibration level
CPC 94010* excludes collection and treatment services of industrial waste water
CPC 94020* excludes collection, transport and disposal services of industrial refuse
CPC 94060* & 94090* exclulde environmental impact assessment services
33
Sector: Manufacture of Chemical Products
Sub-Sector: Manufacture of Biological Products
Industry Classification: KSIC 24212 Manufacture of Biological Products
Type of Reservation: Performance Requirements
Source of Measure: Law No. 7148, Article 34 of the Pharmaceutical Affairs Act, Jan.
29, 2004
Ministry of Health and Welfare Decree No. 227, Article 21 of the
Enforcement Decree of the Act, Nov. 5, 2002
Description: Investment
Manufactures of blood products must receive supplies of raw
blood materials through a contract with the Korean National Red
Cross.
34
Sector: Business Services
Sub-sector: Professional Services(Taxation Services)
Industry Classification: CPC 863 Taxation Services
Type of Reservation: Market Access, Local presence
Source of Measure: Articles 6, 7, 8, 12-5, 20 the Certified Tax Attorney Law
Description: Cross-Border Trade in Services
To perform tax accounting services in Korea, a candidate
must obtain a CTA license and is required to register with relevant authorities.
Only sole proprietorship, tax reconciliation task force and tax agency corporation (limited liability company) by CTAs licensed under the Certified Tax Attorney Law are permitted.
Only those CTAs in tax reconciliation task force and tax agency corporation (limited liability company) are allowed to supply tax reconciliation services.
Only those people who obtained CTA licenses and are registered with relevant authorities are allowed to use the title "certified tax accountant."
In order to practice as a CTA in Korea, a candidate must undergo appropriate training for a certain period, as set out in the Presidential Decree.
Every CTA shall open an office to render his taxation service, as set out in the Certified Tax Attorney Law.
The Republic of Korea reserves the right to adopt or maintain any measure related to not only the provision of a service from the territory of a Party into the territory of the other Party but also the provision of a service in the territory of a Party to a person of the other Party for tax reconciliation services and tax representative services.
35
Sector: Business Services
Sub-sector: Professional Services(Other Taxation(Customs) Services)
Industry Classification: CPC 86309 other tax related services
Type of Reservation: Market Access, Local Presence
Source of Measure: Law NO. 6778, Articles 3,7,9 of the Customs Broker Act, Dec.18,2002
Description: Cross-Border Trade in Services
Any person except any customs broker who has passed the
Customs Broker must undergo appropriate training for a certain period, as set out in the Presidential Decree to conduct business in Korea.
Customs Brokers are required to register with the
Commissioner of Korea Customs Service.
Every Customs Brokers shall be permitted to open an office to render his customs-clearance services, as set out in the Customs Broker Act .
36
Sector: Business Services
Sub-sector: Professional Services(Accounting)
Industry Classification: CPC 862 Accounting, Auditing and Book-keeping
Services
Type of Reservation: Local Presence, Market Access
Source of Measure: Law No. 6994, Article 7, 12, 23, 26 of the Certified Public
Accountant Act, Dec, 11, 2003
Law No. 6991, Article 3 of Act on External Audit of Stock
Companies, Dec, 11, 2003
Description: Cross-Border Trade in Services
A person who has passed the examination under the
Certified Public Accountant Act can provide auditing services after one year of field experience in Korea. To be a statutory auditor for the external audit services required by Act on External Audit of Stock Companies, a CPA must have field experience of two years in Korea.
In order to supply auditing services required by Act on External Audit of Stock Companies, a qualified CPA must establish an auditing task force or accounting corporation(a limited liability corporation) in Korea
37
Sector: Business Services
Sub-sector: Professional Services(Labor Affairs Consulting Services)
Industry Classification: Certified labor affairs consultant
Type of Reservation: Local Presence
Source of Measure: Law No. 7046 Article 5 of the Certified Labor Affairs
Consultant Act, Dec. 31, 2003
Description: Cross-Border Trade in Services
Any person who holds a certified labor affairs consultant
license and intends to work in the Republic of Korea shall undertake appropriate training for such a period of time as set out in the Presidential Decree. In addition, they are required to register with the Minister of Labor.
38
Sector: Business Services
Sub-Sector: Professional Services(Patent Attorney)
Industry Classification: CPC 82130 Legal Documentation and Certification
Services
Type of Reservation: Local Presence, Market Access
Source of Measure: Law No. 6753, Articles 5,6 of the Patent Attorney Act,
Dec. 5, 2002
Article 12 of its Enforcement Decree (Presidential Decree
No. 18387, May. 10, 2004)
Description: Cross-Border Trade in Services & investment
To conduct business in Korea, a patent attorney must
undergo appropriate training for a certain period as set out in the Presidential Decree, register with the Commissioner of the Korean Intellectual Property Office, and establish an office in Korea.
39
Sector: Business Services
Sub-sector: Professional Services(Proprietor of Engineering
Activities )
Industry Classification: CPC 8672 Engineering Services
CPC 8673 Integrated Engineering Services
CPC 8674 Urban Planning and Landscape Architectural
Services
CPC 8675 Engineering Related Scientific and Technical
Consulting Services
Type of Reservation: Local Presence
Source of Measure: Law No. 6535, Article 4 of the Engineering Technology
Promotion Act, Dec. 19. 2001
Law No. 6567, Article 6 of the Professional Engineers Act,
Dec. 31, 2001
Presidential Decree No. 17771, Article 6, 6-2 of its
Enforcement Decree, Nov. 6, 2002
Ordinance of the Ministry of Science and Technology No. 41, Article 2 of its Enforcement Regulation Nov. 9, 2002
Description: Cross-Border Trade in Services
A person that holds a professional engineering license issued
in Korea and intends to work in the field of engineering in Korea is required to establish an office in the territory of Korea and register with the Minister of Science and Technology.
40
Sector: Recreational, Cultural and Sporting Services
Sub-Sector: News Agency Services
Industry Classification: CPC 962 News Agency Services
Type of Reservation: National Treatment
Market Access
Performance Requirements
Senior Management and Boards of Directors
Source of Measure: Law No. 6905, Articles 2, 7, 9, 16, 28 of the News Agency
Promotion Act, May. 29, 2003
Presidential Decree No. 18153, Article 4 of its Enforcement
Decree, Dec. 3, 2003
Law No. 6905, Article 20 of the Radio Wave Act, May. 29, 2003
Description: Cross-Border services and Investment
Filing a report with the Minister of Culture and Tourism is
required when a news agency is financed, in any part, by foreign funds.
Submitting a document proving the fact of filing with the Minister of Commerce, Industry and Energy is required when a news agency’s property is financed by a foreigner, a foreign entity or a foreign organization
Any natural or juridical person who falls under either of the following subparagraphs shall not engage in the news agency business or be employed as a news agency editor:
a. a person who is not of Korean nationality
b. a person who has no domicile in the Republic of Korea
A foreign government, a foreign juristic person, a foreign organization, or a legal entity or a legal organization whose representative is a person who falls under either of the subparagraphs (a) or (b) above shall not engage in the news agency business.
Any foreigner, foreign juridical entity or foreign organization whose ratio of stocks or shares is in excess of the 25 percent shall not engage in the news agency business.
Any person who intends to establish a branch or district office of
a foreign news agency in Korea, shall obtain permission from the
Minister of Culture and Tourism.
Any person who falls under either of the following
41
subparagraphs shall not serve on the board of Yonhap News or the News Agency Promotion Committee:
a. a person who is not of Korean nationality
b. a person who has no domicile in the Republic of Korea
A foreign news agency shall supply news communications through a contract with a domestic agency.
Any natural or juridical person or entity that falls under any of the following subparagraphs shall not establish a wireless station
(a) a person who is not of Korean nationality
(b) a foreign government or its representative
(c) a foreign legal entity or foreign legal organization
42
Sector: Business Services
Sub-Sector: Technical testing and analysis services
Industry Classification: CPC 86761 Composition and Purity Testing and Analysis Services other than Air, Water, Noise Level and Vibration Level
CPC 86762 Testing and Analysis Services of Physical
Properties
CPC 86763 Testing and Analysis Services of Integrated
Mechanical and Electrical Systems
CPC 86769 Other Technical Testing and Analysis
Services
Type of Reservation: Local Presence
Market Access
Source of Measure: Law No. 6019, Safety Act on Electrical Products, Sep. 7,
1999
Law No. 6315, Safety Act on Industrial Products, Dec. 29,
2000
Law No. 6676, the High Pressure Gas Safety Control Law,
March 25, 2002
Description: Cross Border Trade in Services and investment
The corporations and related services for technical testing
and analysis services are qualified by the government so that the safety and health of public should be guaranteed.
43
Sector: Manufacturing and Distribution Services
Sub-Sector:
Industry Classification:
Type of Reservation: Local Presence, Performance Requirements, Market Access
Source of Measure: Law No. 7067, Articles 13,14,15,16,17 of the Tobacco Business
Act, Jan. 20, 2004
Presidential Decree No. 18445, Article 5 of its Enforcement
Decree, Jun. 29, 2004
Ordinance of the Ministry of Finance and Economy No. 385,
Articles 5,6,7,8,9,11 of its Enforcement Regulations, Jun. 29, 2004
Article 4, 5, 9, 45, 56 of its Presidential Decree
Notice of national tax service 2003-17, 26
Law No. 7031, Article 6, 8, 9, 10, 40, 43 of the Liquors Act, Dec.
31, 2003
Presidential Decree No. 18178, Article 4, 5, 9, 45, 56 of its
Presidential Decree, Dec. 30, 2004
Notice of national tax service 2003-17, 26
Description: Cross-Border Trade in Services and Investment
< tobacco >
A person who intends to work as an tobacco wholesaler must establish an office in the territory of Korea and register with a mayor or the magistrate of a county or the headman of a ward as set out in the Presidential Decree and the Ordinance of the Ministry of Finance and Economy of the Tobacco Business Act
A person who intends to work as an tobacco retailer must establish an office in the territory of Korea and get a license from
a mayor or the magistrate of a county or the headman of a ward as
set out in the Ordinance of the Ministry of Finance and Economy of the Tobacco Business Act.
A person who intends to work as an foreign tobacco importer must establish an office in the territory of Korea and register with
a mayor or provincial governor as set out in the Presidential Decree and the Ordinance of the Ministry of Finance and Economy of the Tobacco Business Act
< liquors >
44
Any person who intends to manufacture a liquor shall be required
to establish a office and shall get a license from the head of district tax office.
In order to balance supply and demand of grains and to manage quality of liquors., the types and amount of raw materials for liquors may be designated.
Any person who intends to work as a wholesaler of liquors shall be required to establish an office and get a license from the head of district tax office.
The number of wholesalers of liquor within shi or gun is determined by national tax service commissioner considering population and the number of liquor stores.
Sales of liquors on-line is prohibited except for on-line sale of traditional liquors by those manufacturers.
45
Sector: Transport Service
Sub-Sector: Air Transport Services
Industry Classification: CPC 731, 732 Air Transport Services
Includes glider towing, parachute jumping, aerial construction, heli-logging, aerial sightseeing, etc.
CPC 734 Rental Services of aircraft with operator
Type of Reservation: National Treatment,
Senior Management and Board of Directors
Source of Measure: Articles 3, 6, 112, 113, 114,132 of the Aviation Act (Law No.
7024, Dec. 30, 2003)
Articles 278, 278-2, 298, and 299 of its Enforcement Regulation
(Ordinance of the MOCT No. 403, Jul.3, 2004)
Description: Investment
Any person who falls under the categories stipulated in
subparagraphs of Article 6 of the Aviation Act(and listed below) may not provide domestic services, nor international services(scheduled/non-scheduled).
more of whose officers(executives) are foreigners.
In addition, persons who own an aircraft or is authorized to operate a chartered aircraft must register the aircraft with the Minister of Construction and Transportation. Registration of aircraft is not permitted to persons falling under 1 through 5 above.
46
Sector: Transport Service
Sub-Sector: Air Transport Service
Industry Classification: Aircraft Use Business
CPC 734* Rental Services of aircraft with operator
* Includes aerial fire-fighting, forestry fire management, aerial advertising, flight training, aerial map production, aerial investigation, aerial spraying, aerial photographing and other aerial agricultural activities, aerial inspections and observations, etc.
Type of Reservation: National Treatment
Senior Management and Board of Directors
Source of Measure: Articles 3, 6, 134 of the Aviation Act (Law No. 7024, Dec. 30,
2003)
Articles 298, 299-2 of its Enforcement Regulation (Ordinance of the MOCT No. 403, Jul. 3, 2004)
Description: Investment
A person who intends to operate an aircraft-use business
(businesses that use aircraft at other’s request to conduct businesses other than transport of passengers or cargo for fee) must register the self-owned or chartered aircraft with the Minister of Construction and Transportation. In this case, registration of aircraft is not permitted to persons falling under any one of the following categories.
1. A person who is not a citizen of the Republic of Korea;
2. A foreign government or foreign public organization;
3. A foreign corporation or organization;
5. A corporation whose representative is a foreigner, or half or
more of whose officers are foreigners.
47
Sector: Transport Services
Sub-Sector: Road Transport Services
Industry Classification: CPC 83101 Leasing or rental services concerning private cars without operators
CPC 83105* Leasing or rental services concerning other land transport equipment without operators
Type of Reservation: Local Presence
Source of Measure: Articles 29, 30 of the Passenger Transport Service Act (Law No.
6942, Jul. 25, 2003)
Articles 52, 53 of its Enforcement Regulation (Ordinance of the
MOCT No. 394, Feb. 28, 2004)
Description: Cross-Border Trade in Services
A person who intends to operate a automobile rental business
shall establish an office in Korea and shall register with the Minister of Construction and Transportation by submitting an application for registration including required documents as set out in the Passenger Transport Service Act and its Enforcement Regulation.
48
Sector: Transport Services
Sub-Sector: Road Transport Services
(Maintenance & repair, sales and disassembly)
Industry Classification: CPC 6112 + 8867/8 Maintenance and Repairs of Road
Transportation Equipment
CPC 6111* Sales of motor vehicles (for used cars)
Type of Reservation: Local Presence, Market Access
Source of Measure:
Article 53 of the Automobile Management Act (Law No. 7100, Jan. 20, 2004)
Article 111 of its Enforcement Regulation (Ordinance of the
MOCT No. 379,
Nov. 22, 2003)
Description: Cross-Border Trade in services
A person who intends to operate an automobile management
business (automobile transaction/maintenance/disassembly) shall establish an office (place of operation) and shall register with the head of shi/gun/gu in accordance with standards and procedures set out by the municipal ordinance of the “shi” or “do” pursuant to authority delegated by the Automobile Management Act.
Heads of the shi/gun/gu may restrict registration or attach conditions in the following situations:
- when it is deemed necessary to take into consideration local conditions such as traffic and environmental pollution; or
- when it is deemed necessary for the good of the public.
49
Sector: Transport Services
Sub-Sector: Air Transport Services
Industry Classification: CPC 8868* Aircraft Maintenance and Repair Services
Type of Reservation: Local Presence
Source of Measure: Articles 137, 138 of the Aviation Act (Law No. 7024, Dec. 30,
2003)
Articles 16, 304, 305 of its Enforcement Regulation (Ordinance of the MOCT No. 403, Jul. 3, 2004)
Description: Cross-Border Trade in Services
A person who intends to operate an aircraft maintenance and
repair service business shall, after setting up its place of business
in accordance with the registration requirements, register with the Minister of Construction and Transportation as stipulated by the Enforcement Regulation of the Aviation Act. Subsequently, it must obtain certificate as a maintenance and repairs organization from the Minister of Construction and Transportation.
50
Sector: Transport Services
Sub-Sector: Road Transport Service (Scheduled inspection of automobiles)
Industry Classification:
Type of Reservation: Local Presence, Market Access
Source of Measure: Articles 44, 45 of the Automobile Management Act (Law No.
7100, Jan. 20, 2004)
Articles 86, 87 of its Enforcement Regulation (Ordinance of the
MOCT No. 379, Nov. 22, 2003)
Description: Cross-Border Trade in Services
A person who intends to be designated as a “designated
maintenance operator” for the purposes of providing scheduled inspection services of automobiles in Korea shall establish an office with a place of operation in Korea meeting the dimension requirements as stipulated in the Ordinance of the Ministry of Construction and Transportation and shall apply to the mayor of
“shi” or governor of “do” for designation.
51
Sector: Transportation Services
Sub-Sector: Road Transportation Services
(Automobile License Plate Issuing Agency)
Industry Classification:
Type of Reservation: Local Presence, Market Access
Source of Measure: Article 20 of the Automobile Management Act (Law No. 7100, Jan. 20, 2004)
Articles 7, 8 of its Enforcement Regulation (Ordinance of the
MOCT No. 379, Nov. 22, 2003)
Description: Cross-Border Trade in Services
A person who wishes to be designated as a “license plate issuing
agency” for the purpose of providing license plate manufacturing, delivery, and seal services in Korea shall establish an office (place of operation) in Korea and submit an application for designation
to the mayor of “shi” or governor of “do” as required by the
Automobile Management Act and its Enforcement Regulation.
52
Sector: Transport Services
Sub-Sector: Air Transport Services (Sale of Air Transport)
Industry Classification:
Type of Reservation: Local Presence
Source of Measure: Article 139 of the Aviation Act (Law No. 7024, Dec. 30, 2003) Article 309 of its Enforcement Regulation (Ordinance of the
MOCT No. 403, Jul. 3, 2004)
Description: Cross-Border Trade in Services
A person who intends to conduct a business of acting as an agent
(excludes acting as an agent for passport or visa issuance procedures) in concluding international air service contracts for transport of passengers or cargo for fee using an aircraft on behalf of a person who operates an air transport service business must – prior to conducting the business-- submit (file) the necessary documents with the Minister of Construction and Transportation as stipulated in the Enforcement Regulation of the Aviation Act. An office must be established prior to the submission of documents.
53
Sector: Transport Services
Sub-sector: Water Transportation
Industry Classification: CPC 7211 Passenger Transportation
CPC 7212 Freight Transportation
CPC 7213 Rental Services of Sea-Going Vessels with
Operator
CPC 7214 Towing and Pushing Services
CPC 721 Transportation Service by Sea-Going Vessels
Type of Reservation: National Treatment Local Presence Market Access
Senior Management and Board of Directors
Source of Measure: Law No. 5972, Article 2 and 6 of the Ship Act, April 15,
1999
Law No.5973, Article 104 of the Seaman Act, April 15,
1999
Law No.6774, Article 5 and 26 of the Maritime Transport
Act, Dec 11, 2002
Law No. 6841, Article 29 of the Harbor Act, Dec 30, 2002
Description: Cross-Border Trade in Services and Investment
Only vessels falling under any of following subparagraphs
may be registered in Korea.
1.vessels owned by a Korean national
2.vessels owned by a legal entity established in accordance with relevant Korean regulations
3.vessels owned by a legal entity that is represented by a
Korean national and has established its principal office in Korea(excluding a vessels of paragraph 2)
Cabotage is reserved for Korean vessels. However, cabotage includes inter-Korean transportation
The Minister of Maritime Affairs and Fisheries shall, when he intends to grant a license for international maritime passenger transport services, examine whether or not the services shall conform to the criteria of transport demands prescribed by the Minister of Maritime Affairs and Fisheries.
Only Korean seafarers may board a Korean vessel.
Those who intend to engage in tugboating business must own his/her own tugboat.
54
Sector: Transport Services
Sub-Sector: Water Transportation
Industry Classification: CPC 74520 Pilotage and berthing services
CPC 74530 Navigation aid services
CPC 74540 Vessel salvage and refloating services
CPC 745 Supporting Services for Transportation
Type of Reservation: National Treatment, Local Presence, Market Access
Source of Measure: Law No.6774, Article 34 of the Maritime Transport Act, Dec 11,
2002
Law No. 6610 Article 6 and 20 of the Pilotage Act, Jan. 14, 2002
Law No. 5971, Article 7,8,15, 16 of the Ship Safety Act, April. 15,
1999
Law No. 6966, Article 31 of the Ship Investment Company Act, Aug 6, 2003
Description: Cross-Border Trade in Services
Only a Korean national is eligible to be a maritime pilot.
In the case a vessel, which is not registered in Korea and weighs five hundred tons or more, is in operation within the pilotage area designated by the Ordinance of the Ministry of Maritime Affairs and Fisheries, the captain of the vessel must bring a maritime pilot on board and allow him/her to pilot the ship.
Only Korean nationals or Korean corporations may be involved in the rescue of wrecked ships or in the ship scraping.
Only Korean nationals or legal entities are allowed to conduct vessel inspections as delegated by the Korean government.
55
Sector: Social Services
Sub-Sector:
Industry Classification: CPC 932 Veterinary Services
Type of Reservation: Local Presence, Market Access
Source of Measure: Law No. 6611 Article 2, 4, 10 and 17 of Veterinary Act, Jan. 14,
2002
Description: Cross-Border Trade in Services
Anyone who wants to be a veterinarian should acquire a license
issued by the Minister of Agriculture and Forestry according to the Decree of the Ministry of Agriculture and Forestry after passing the national examination for the license of veterinary services.
A veterinarian is not allowed to practice without establishing an
animal hospital and, according to the Decree of the Ministry of Agriculture and Forestry, should report to a mayor/provincial governor if he/she is equipped with appropriate facilities set out by the Presidential Decree.
Sector: All sectors
Sub-Sector:
Industry Classification:
Type of Reservation: National Treatment, Local Presence, Market Access, Performance
Requirements, Senior Management and Boards of Directors
Source of Measure:
Description Cross-Border Trade in Services and Investment
All existing non-conforming measures at the local government
level
57
Section 3: Schedule of Singapore
Sector: All
Type of Reservation: National Treatment
Source of Measure: Insurance Act, Cap. 142 (Rev Ed 2002) Section 64, MAS Notice 109,
Banking Act, Cap.19 (Rev Ed 2003) Section 55, MAS Notice 757,
Finance Companies Act, Cap. 108 (Rev Ed 2000) Section
30, MAS Notice 816,
Monetary Authority of Singapore Act, Cap. 186 (Rev Ed
1999) Section 28, MAS Notice 1105
Securities Industry Act, Act 15 of 1986, MAS Notice 1201 / Securities and Futures Act, Cap. 289 Section 101, SFA 04- N04
Description of
Reservation:
Investment
credit facilities exceeding S$5 million per entity to non- resident financial entities or arranging S$ 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.
to believe that the S$ proceeds may be used for S$ currency speculation.
The term “non-resident” is as defined in MAS Notice 757
issued under the Banking Act.
58
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
Investment
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
59
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
Investment
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.
60
Sector All
Sub-Sector -
Industrial -
Classification
Type of Reservation National Treatment
Source of Measure Business Registration Act, Cap. 32, 2001 Revised Edition
Business Registration Regulations, Regulation 9
Companies Act, Cap. 50 , Sections 145(1) and 368 (1)(e)
Description of
Reservation
Cross-border services and Investment
Only a person who is a Singapore citizen, Singapore permanent resident or Singapore Employment Pass holder (including those holding an Approval-In-Principle letter from the Ministry of Manpower) 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.
61
Sector All
Sub-Sector -
Industry Classification -
Type of Reservation National Treatment
Source of Measure State Lands Act, Cap. 314, Sections 3 and 19(1)
Description of
Reservation
Investment
Singapore may divest State Land in a manner inconsistent with National Treatment.
62
Sector Business Services
Sub-Sector Architectural Services
Architectural services includes selling or supplying for gain or reward any architectural plan, drawing, tracing or the like for use in the construction, enlargement or alteration of any building or part thereof. It includes the certification and inspection of buildings for compliance with fire safety regulations.
Industry Classification -
Type of Reservation National Treatment
Local Presence
Source of Measure Architects Act, Cap.12, 2000 Revised Edition
Sections 15-17, 20-26
Description of
Reservation
Cross-Border Services and Investment
Only persons who are registered with the Board of Architects
(BOA) and
resident in Singapore are allowed to provide architectural services.
All corporations and partnerships providing architectural services (including those which are providing architectural services as part of a multi-disciplinary corporation or practice) must obtain a licence from BOA. To qualify for the licence, the corporation or partnership shall:
(i) be under the control and management of a director or partner who is a Singapore-registered architect resident in Singapore; where a multi-disciplinary corporation or partnership is concerned, the business of the corporation or partnership relating to architectural services must be under the control and management of a director or partner who is a Singapore-registered architect resident in Singapore; and
(ii) where limited corporations are concerned, the Chairman and at least two-thirds of the directors of a corporation shall be Singapore-registered architects or allied professionals; where unlimited corporations are concerned, the directors or members shall be registered professional architects or allied professionals; where partnerships are concerned, the beneficial interest in the capital assets and profits of the partnership shall be held by Singapore-registered architects or allied professionals.
Allied professionals are Singapore-registered land surveyors and engineers.
63
Phase-out The requirement of “residency” in Singapore shall be phased out by April 2005. The requirement that not less than two- thirds of the directors of a corporation be Singapore- registered or allied professionals shall be reduced to 51 % by April 2005.
64
Sector Business Services
Sub-Sector Financial Auditing services
Industry Classification CPC 86211 Financial auditing services
Type of Reservation National Treatment
Local Presence
Source of Measure The Accountants Act 2004, Sections 10(1), 17(3)(d) and
18(3)(c)
Accounts (Public Accountants) Rules 2004, Second Schedule, Paragraph 7
Description of
Reservation
Cross-Border Services and Investment
Only service suppliers who are registered with the Institute of Certified Public Accountants of Singapore (ICPAS) and the Accounting and Corporate Regulatory Authority shall be registered as public accountants and appointed as company auditor. The business of the firm and accounting corporation, so far as it related to the supply of public accountancy services in Singapore, shall be under the control and management of a public accountant ordinarily resident in Singapore.
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Sector Business – Professional Services
Sub-Sector Land Surveying Services
Industry Classification -
Type of Reservation National Treatment
Local Presence
Source of Measure Land Surveyors Act, Cap. 156, 1992 Revised Edition, Sections 12-16 and 22-28
Land Surveyors Rules, Rules 2-20
Description of
Reservation
Cross-Border Services and Investment
All persons seeking to provide land surveying services in Singapore are required to register with the Land Surveyors Board, be resident in Singapore and have had practical experience in surveying in Singapore.
All corporations and partnerships (including those which are providing land surveying services as part of a multi- disciplinary corporation or practice) seeking to provide land surveying services must obtain a licence from the Board. To qualify for the licence, the corporation or partnership must::
(i) be under the control and management of a director or partner who is a registered surveyor resident in Singapore; where a multi-disciplinary corporation or partnership is concerned, the business of the corporation or partnership relating to land surveying services must be under the control and management of a director or partner who is a registered surveyor resident in Singapore; and
(ii) where corporations are concerned, all its directors must be registered surveyors or allied professionals and not less than two-thirds of each class of shares shall be beneficially owned by and registered in the names of registered surveyors and/or allied professionals; where partnerships are concerned, only registered surveyors and allied professionals can have a beneficial interest in the capital assets and profits of the partnership.
Allied professionals are professionally registered engineers and architects.
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Phase-out The requirement of “residency” in Singapore and that not less than two-thirds of each class of shares of a corporation providing land surveying services be beneficially owned by and registered in the names of Singapore registered surveyors and/or allied professionals shall be phased out by Jan 2005.
67
Sector Business Services
Sub-Sector Patent Agent Services
Industry Classification -
Type of Reservation National Treatment
Local Presence
Source of Measure Patents Act, Cap. 221
Description of
Reservation
Cross-border Services and Investment
Only persons registered with the Intellectual Property Office of Singapore (IPOS) and resident in Singapore are allowed to carry on a business, practise or act as a patent agent in Singapore.
Only enterprises which have at least one Singapore registered patent agent as a director and partner, as the case may be, are allowed to carry on a business, practise or act as a patent agent in Singapore.
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Sector Business services
Sub-Sector Placement and supply services of personnel
Industry Classification CPC 87204 Supply services of domestic help personnel
Type of Reservation Local Presence
Source of Measure Employment Agencies Act, Cap. 92, Section 2
Description of
Reservation
Cross-Border Services
Only service suppliers with local presence shall be allowed to set up employment agencies and place foreign workers in Singapore.
These agencies are not the direct employer of foreign workers in Singapore. They serve as intermediaries to help source and supply foreign workers to employers of these workers. Thus, this reservation shall be read with the Annex 9B reservation relating to the supply of a service by a natural person.
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Sector Business Services
Sub-Sector Professional Engineering services
Professional engineering services includes any professional service, consultation, investigation, evaluation, planning, design or responsible supervision of construction or operation in connection with any public or privately owned public utilities, buildings, machines, equipment, processes, works or projects wherein the public interest and welfare, or the safeguarding of life, public health or property is concerned or involved, and that requires the application of engineering principles and data.
Industry Classification -
Type of Reservation National Treatment
Local Presence
Source of Measure Professional Engineers Act, Cap. 253, Sections 10, 11, 20-
26
Description of
Reservation
Cross-Border Services and Investment
Only persons who are registered with the Professional Engineers Board (PEB) and resident in Singapore are allowed to provide professional engineering services.
All corporations and partnerships supplying professional engineering services in Singapore (including those who are providing professional engineering services as part of a multi- disciplinary corporation or practice) shall obtain a licence from PEB. To qualify for the licence, the corporation or partnership shall:
(i) be under the control and management of a director or partner who is a Singapore-registered professional engineer resident in Singapore; where a multi-disciplinary corporation or partnership is concerned, the business of the corporation or partnership relating to professional engineering services must be under the control the and management of a director or partner who is a Singapore-registered professional engineer resident in Singapore, and
(ii) where limited corporations are concerned, at least 51 % of the directors of the corporation shall be Singapore-registered professional engineers or allied professionals; where unlimited corporations are concerned, all the directors or members shall be registered professional engineers or allied professionals; where partnerships are concerned, the beneficial interest in the capital assets and profits of the partnerships shall be held by Singapore-registered professional engineers or allied professionals.
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Allied professionals are Singapore-registered land surveyors and architects.
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Sector Business Services
Sub-Sector Real Estate Services
Industry Classification CPC 82202 Non-residential property management services on a fee or contract basis
Type of Reservation Market Access
National Treatment
Source of Measure Sentosa Development Corporation Act, Cap. 291, Revised
Edition 1998 (30th May 1998), Para (9)
Description of
Reservation
Cross-Border Services and Investment
Only the Sentosa Development Corporation and/or its successor body shall be allowed to develop and manage the resort island of Sentosa and its waterways and the Southern Islands of Singapore.
However, private developers are allowed to develop specific plots of land on Sentosa and the Southern Islands of Singapore for commercial, residential and recreational purposes.
For the purpose of this reservation, the “Southern Islands of Singapore” are St. John’s Island, Lazarus Island, Kusu Island, Pulau Renggit, Sister’s Island, Pulau Hantu, Pulau Biola, Pulau Jong and Pulau Tekukor.
72
Sector Business Services
Sub-Sector Testing, analytical and certification services on animals, plants, and products derived from animals and plants
Industry -
Classification
Type of Reservation Local Presence
Source of Measure Agri-Food and Veterinary Authority Act, Cap. 5, 2001 Revised
Edition
Animals and Birds Act, Cap. 7, 2002 Revised Edition, Section 4
Control of Plants Act, Cap. 57A, 2000 Revised Edition, Section 27
Description of
Reservation
Cross-border Services
Only service suppliers with local presence shall be allowed to provide testing, analytical and certification services on animals, plants, and products derived from animals and plants, physically present in Singapore, including where such items are intended for import, export and import for the purposes of re-export.
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Sector Business services n.e.c. – Investigation and security services
Sub-Sector 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)
Type of Reservation National Treatment
Market Access
Senior Management and Board of Directors
Source of Measure Private Investigation and Security Agencies Act, Cap. 249, Regulation 23
Description of
Reservation
Cross-border Services and Investment
Only Singapore citizens or permanent residents and Malaysian citizens can be employed as security guards or as private investigators in enterprises providing private investigation or security guard services. Foreigners can be involved in the administration of the enterprise.
All enterprises providing unarmed guard services are precluded from escorting cash-in transit operations of S$250,000 and above.
Please also note Singapore's reservation for armed guard services in Annex 9B.
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Sector Community, Personal and Social Services
Sub-Sector Services of co-operative societies
Industry
Classification
CPC 952, Services furnished by membership organisations n.e.c
(only
applies to co-operative society services)
Type of Reservation National Treatment
Local Presence
Senior Management and Boards of Directors
Source of Measure Co-operative Societies Act, Cap. 62
Description of
Reservation
Cross-Border Services and Investment
Only service suppliers with local presence can be registered under the Co-operative Societies Act. Registration allows a co- operative society to be exempt from taxation measures applicable to other enterprises.
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, on a case-by-case
basis.
A person who is not a Singapore citizen can form and join a co- operative society if he or she is resident in Singapore.
A foreign co-operative society may be allowed to acquire the shares of a Singapore cooperative society, on a case by case basis.
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Sector Education Services
Sub-Sector 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)
Type of reservation National Treatment
Source of
Source of Measure
Medical Registration Act, Part V, Specialist Accreditation
Board,
Sections 2, 3, 34 and 35
Description of
Reservation
Investment
Only local tertiary institutions shall be allowed to operate undergraduate or graduate programmes for the training of doctors.
Local tertiary institutions are tertiary institutions which are established pursuant to an Act of Parliament.
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Sector
Health and Social Services
Sub-Sector Contact Lens Practitioners
Deliveries and related services, nursing services, physiotherapeutic and para-medical services (only for nursing and midwife services)
Industry Classification -
CPC 93191 Deliveries and related services, nursing services, physiotherapeutic and para-medical services
(Only applies to nursing and midwife services)
Type of Reservation Local Presence
Source of Measure Nurses and Midwives Act, Cap 209, Sections 26-30
Contact Lens Practitioner Act, Cap. 53A, Sections 4-7
Description of
Reservation
Cross-border Services
Contact Lens Practitioners
Only persons who are resident in Singapore are allowed to be
Contact Lens Practitioners. Nurses and midwives
Only persons who are registered with the Singapore Nursing
Board and resident in Singapore are allowed to provide nursing or midwife services.
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Sector
Health and Social Services
Sub-Sector Medical Services
Industry Classification CPC 9312 Medical Services
Type of Reservation National Treatment
Local Presence
Source of Measure Medical Registration Act, Cap. 174, 2004 Edition, Sections 13,
21 and 23
Description of
Reservation
Cross-border Services
Only persons who are registered with the Singapore Medical
Council
and resident in Singapore can provide medical services.
Persons seeking to be registered with the Singapore
Medical
Council and who are not Singapore citizens will have to complete
6
years of conditional registration before he or she is eligible for full
registration.
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Sector Health and Social Services
Sub-Sector Pharmacy Services
Industry -
Classification
Type of Reservation Local Presence
Source of Measure
Pharmacists Registration Act, Cap 230, Sections 5-8 and 11-14
Medicines Act, Cap 176, Part IV, Pharmacies,
Medicines
(Registration of Pharmacists) Regulations
Description of
Reservation
Cross-border Services
Only persons who are registered with the Singapore Pharmacy Board and resident in Singapore are allowed to provide pharmacy services.
Only Singapore registered pharmacists (apart from medical professionals) can prepare, dispense, assemble or sell medicinal products as defined under the Medicines Act, Cap 176.
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Sector Import, export and trading services
Sub-Sector -
Industrial -
Classification
Type of Reservation Local Presence
Source of Measure Regulation of Imports and Exports Act, Cap. 272 A Regulation of Imports and Exports Regulation
Description of
Reservation
Cross-border Services
Only enterprises with local presence are allowed to apply for import/export permits, certificates of origin or other trade documents from the relevant authorities.
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Sector Manufacturing
Sub-Sector -
Industry Classification -
Type of Reservation National Treatment
Performance Requirements
Source of Measure Control of Manufacture Act, Cap. 57, 2001 Revised Edition
Description of
Reservation
Investment
The manufacture of the following products, in Singapore, may be subject to certain restrictions which are inconsistent with National Treatment and Performance Requirements 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.
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Sector Telecommunications Services
Sub-Sector Telecommunication Services
Industry -
Classification
Type of Reservation Market Access National Treatment Local Presence
Source of Measure Info-communications Development Authority of Singapore
Act, Cap. 137A
Telecommunications Act, Cap. 323
Description of
Reservation
Cross-Border Services
A facilities-based operator (FBO) must be a company
incorporated under the Singapore Companies Act, Chapter
50
(1994)1.
A services-based operator (SBO) must be a company incorporated or a foreign company registered under the Singapore Companies Act, Chapter 50 (1994).
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.
1 A facilities-based operator deploying only fixed wireless infrastructure for public broadband multimedia services through the use of nationwide wireless LAN, LMDS, infra-red and laser technologies may be a
foreign company registered under the Singapore Companies Act, Chapter 50 (1994).
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Sector Telecommunications Services
Sub-Sector Telecommunications Services
Domain name allocation policies in Internet country code top level domains (ccTLDs) corresponding to Singapore territories (.sg)
Industry -
Classification
Type of Reservation Market Access National Treatment Local Presence
Source of Measure Info-communications Development Authority of Singapore
Act, Cap. 137A
Telecommunications Act (Cap. 323)
The Internet Corporation for Assigned Names and Numbers
(ICANN), which recognises the ultimate authority of sovereign Governments over ccTLDs corresponding to their territories.
Description of
Reservation
Cross-Border Services
A registrar must be a company incorporated or a foreign company registered under the Singapore Companies Act, Chapter 50 (1994).
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Sector Power supply
Sub-Sector -
Industry Classification -
Type of Reservation Market Access
National Treatment
Source of Measure Electricity Act, Cap. 89A, 2002 Revised Edition, Sections
6(1) and 9(1)
Description of
Reservation
Cross-Border Services
Power producers, whether or not foreign-owned and whether located within or outside Singapore, shall only sell power through the Singapore electricity wholesale market and shall not be allowed to sell directly to consumers.
The amount of power supplied cumulatively by power producers located outside of Singapore to Singapore’s wholesale power market shall not exceed 600 MW.
84
Sector Power supply
Sub-Sector -
Industry Classification -
Type of Reservation Market Access
National Treatment
Source of Measure Electricity Act, Cap. 89A, 2002 Revised Edition, Sections
6(1) and 9(1)
Description of
Reservation
Cross-Border Services and Investment
Only SP Services Ltd and/or its successor body shall be allowed to supply electricity to:
(i) all household consumers of electricity; and
(ii) non-household consumers of electricity whose Average monthly consumption is below 10,000kWh; and
(iii) consumers whose electricity is supplied at single-phase low voltage.
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Sector Power transmission and distribution
Sub-Sector -
Industry Classification -
Type of Reservation Market Access
National Treatment
Source of Measure Electricity Act, Cap. 89A, 2002 Revised Edition, Sections
6(1) and 9(1)
Description of
Reservation
Cross-Border Services and Investment
Only Power Assets Ltd and/or its successor body shall be the transmission licensee as defined in the Electricity Act.
Power Assets Ltd and/or its successor body shall be the sole owner and operator of the electricity transmission and distribution network in Singapore.
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Sector Trade services
Sub-Sector Distribution and Sale of Hazardous Substances
Industrial -
Classification
Type of Reservation Local Presence
Source of Measure Environmental Pollution Control Act, Cap. 94A, Section 22
Description of
Reservation
Cross-border Services
Only service suppliers with local presence are allowed to distribute and sell hazardous substances (as defined in the Environmental Pollution Control Act)
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Sector Trade services
Sub-Sector Retailing Services
Wholesale Trade Services
Industry Classification -
Type of Reservation National Treatment
Source of Measure Medicines Act, Cap. 176, Sections 6(3), 36 and 37
Description of
Reservation
Cross Border Services and Investment
Only service suppliers who appoint a local agent are allowed to provide wholesale, retail and distribution services for medical and health-related products and materials, intended for the purpose of 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, cosmetics, tobacco products, radioactive materials and irradiating apparatuses.
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Sector Transport Services
Sub-Sector Air Transport Services - Passengers Transportation by Air
Freight Transportation by Air
Industry Classification CPC 731 Passenger Transportation by Air
CPC 732 Freight Transportation by Air
Type of Reservation
National Treatment
Source of Measure -
Description of
Reservation
Investment
Service suppliers providing air transport services (for both passenger
and freight) as a Singapore designated airline shall have
to comply with the “effective
control” and/or
“substantial ownership” requirements of Singapore’s
bilateral and multilateral air services agreements.
Compliance with the requirements of these agreements may require these service suppliers to comply with conditions on effective control and limits on the foreign ownership as stipulated in Singapore’s bilateral and multilateral air services agreements.
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Sector Transport Services
Sub-Sector 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)
Supply of Desalinated Water to Ships
berthed at Singapore ports or in Singapore territorial waters
Type of Reservation Market Access
National Treatment
Source of Measure Maritime and Port Authority of Singapore Act, Cap. 170A,
1997 Revised Edition, Section 81
Description of
Reservation
Cross-Border Services and Investment
Only service suppliers licensed by the Maritime and Port Authority of Singapore are allowed to provide cargo handling services.
Only PSA Marine (Pte) Ltd and/or its successor body shall be allowed to provide pilotage services and supply desalinated water to ships berthed at Singapore ports or in Singapore territorial waters.
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Sector Transport Services
Sub-Sector Maritime Transport Services
Industry Classification -
Type of Reservation Market Access National Treatment Local Presence
Source of Measure Maritime and Port Authority of Singapore Act, Cap. 170A,
1997 Revised Edition, Section 81
Description of
Reservation
Cross-Border Services and Investment
Only service suppliers licenced by the Maritime and Port Authority of Singapore are allowed to operate and manage cruise and ferry terminals.
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Sector Transport Services
Sub-Sector Maritime Transport Services
Industry Classification -
Type of Reservation National Treatment
Source of Measure Merchant Shipping Act, Cap. 179, 1996 Revised Edition, Section 8
Merchant Shipping (Registration of Ships) (Amendment) Regulations 2004
Description of
Reservation
Cross-Border Services and Investment
Only a Singapore citizen or permanent resident or Singapore legal person shall be allowed to register a ship under the Singapore flag.
All Singapore legal persons seeking to register ships under the Singapore flag shall appoint a ship manager who is resident in Singapore.
Vessels or ships owned by Singapore legal persons that are not majority owned by Singapore citizens or Singapore permanent residents shall be of at least 1,600 Gross Tonnage and be self-propelled before they can be registered under the Singapore flag.
For the purposes of this reservation, a Singapore legal person is a locally incorporated company.
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Sector Transport Services
Sub-Sector Maritime Transport Services
Industry -
Classification
Type of Reservation National Treatment
Source of Measure Maritime and Port Authority of Singapore Act, Cap. 170A,
1997 Revised Edition, Section 40
Maritime and Port Authority of Singapore (Registration and
Employment of Seamen) Regulations
Description of
Reservation
Cross-Border Services
Only Singapore citizens and permanent residents can register as Singapore seamen as defined in the Maritime and Port Authority of Singapore Act.
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Sector Production, retail, transportation and distribution of manufactured gas and natural gas (piped gas)
Sub-Sector -
Industry Classification -
Type of Reservation Market Access
National Treatment
Source of Measure Gas Act, Cap. 116A
Description of
Reservation
Cross-Border Services and Investment
Only City Gas Ltd and/or its successor body shall be allowed to produce and retail manufactured gas.
Only PowerGas Ltd and/or its successor body shall be allowed to transport and distribute manufactured and natural gas (piped gas).
PowerGas Ltd and/or its successor body shall be the sole owner and operator of the gas pipeline in Singapore.