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Trans-Pacific Strategic Economic Partnership Agreement |
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ANNEX IV
Headnote
(UN CPC code) and on the basis of the Services Sectoral Classification List WTO
document MTN.GNS/W/120.
(a) Article 12.4 (National Treatment);
(b) Article 12.5 (Most-Favoured-Nation Treatment);
(c) Article 12.6 (Market Access); or
(d) Article 12.7 (Local Presence).
For greater certainty, Article 12.6 refers to non-discriminatory measures.
(a) Sector refers to the sector in which the entry is made;
(b) Industry Classification refers, for the purpose of clarity, and where applicable, to the activity covered by the entry according to the CPC code;
(c) Obligations Concerned specifies the obligation(s) referred to in
Paragraph 2;
(d) Description sets out the nature and/or scope of the non-conforming measures in the sectors, sub-sectors or activities covered by the entry; and
IV-HEADNOTE-1
(e) Existing measures are included for transparency purposes. The
measures stipulated therein are not exhaustive.
Description element of the entry shall prevail to the extent of the inconsistency.
IV-HEADNOTE-2
Annex IV
Schedule of Chile
Sector
|
All Sectors
|
Industry Classification
|
|
Obligations Concerned
|
National Treatment (Article 12.4)
|
Description:
|
Investment
Chile reserves the right to adopt or maintain any measure relating
to the ownership or control of land within five kilometres of the
coastline that is used for agricultural activities. Such measures could
include a requirement that the majority of each class of stock of a Chilean
juridical person that seeks to own or control such land be held by
Chilean persons or by persons residing in Chile for 183 days or more per
year.
|
IV-CL-1
Sector
|
All Sectors
|
Industry Classification
|
|
Obligations Concerned
|
National Treatment (Article 12.4)
|
Description
|
Investment
In the transfer or disposal of any interest in stock or asset held in an
existing state enterprise or governmental entity, Chile reserves the right
to prohibit or impose limitations on the ownership of said interest or
asset and on the right of foreign investors or their investments to
control any State company created thereby or investments made by the
same.
In connection with any such transfer or disposal, Chile may adopt or
maintain any measure related to the nationality of senior management and members
of the bard of directors.
A “State company” shall mean any company owned or
controlled by Chile by means of an interest share in the ownership
thereof, and it shall include any company created after the effective date
of this Agreement for the sole purpose of selling or disposing of its
interest share in the capital or assets of an existing state enterprise or
governmental entity.
|
IV-CL-2
Sector
|
All Sectors
|
Industry Classification
|
|
Obligations Concerned
|
Most-Favoured-Nation Treatment (Article 12.5)
|
Description
|
Cross Border Services and Investment
Chile reserves the right to adopt or maintain any measure that
accords differential treatment to countries under any bilateral or
multilateral international agreement in force or signed prior to the date
of entry into force of this Agreement.
Chile reserves the right to adopt or maintain any measure that
accords differential treatment to countries under any international
agreement in force or signed after the date of entry into force of this
Agreement involving:
(a) aviation;
(b) fisheries; or
(c) maritime matters, including salvage.
|
IV-CL-3
Sector
|
Communications
One-way satellite broadcasting of digital telecommunication services,
whether these involve direct home television broadcasting, direct
broadcasting of television services, or
direct audio broadcasting, and supplementary telecommunication services.
|
Industry Classification
|
|
Obligations Concerned
|
National Treatment (Article 12.4)
Most-Favoured-Nation Treatment (Article 12.5) Local Presence (Article
12.7)
|
Description
|
Cross Border Services and Investment
Chile reserves the right to adopt or maintain any measure related
to investments of investors of another Party or cross border trade in services
in one-way satellite broadcasting of digital telecommunication services,
whether these involve direct home television broadcasting, direct
broadcasting of television services, or direct audio broadcasting, and
supplementary telecommunication services.
|
Existing Measures
|
Ley 18.168, Diario Oficial, octubre 2, 1982, Ley General
de
Telecomunicaciones
|
IV-CL-4
Sector
|
Issues Involving Minorities
|
Industry Classification
|
|
Obligations Concerned
|
National Treatment (Article 12.4)
Most-Favoured-Nation Treatment (Article 12.5) Local Presence (Article
12.7)
|
Description
|
Cross Border Services and Investment
Chile reserves the right to adopt or maintain any measure
according rights or preferences to socially or economically disadvantaged
minorities.
|
IV-CL-5
Sector
|
Issues Involving Indigenous Peoples
|
Industry Classification
|
|
Obligations Concerned
|
National Treatment (Article 12.4)
Most-Favoured-Nation Treatment (Article 12.5) Local Presence (Article
12.7)
|
Description
|
Cross Border Services and Investment
Chile reserves the right to adopt or maintain any measure denying
investors of another Party and their investments or service providers of another
Party any rights or preferences provided to indigenous peoples.
|
IV-CL-6
Sector
|
Education
|
Industry Classification
|
CPC 92 Education services
|
Obligations Concerned
|
National Treatment (Article 12.4)
Most-Favoured-Nation Treatment (Article 12.5) Local Presence (Article
12.7)
|
Description
|
Cross Border Services
Chile reserves the right to adopt or maintain any
measure relating to natural persons who render educational services,
including teachers and auxiliary personnel rendering educational services in
elementary education, kindergarten, pre-school, special education,
primary and high school education, professional, technical, and university
education, including educational establishments of any kind as well as
sponsors of educational establishments, schools, lyceums, academies, training
centres, professional and technical institutes, and/or universities.
This reservation does not apply to the provision of services
related to second-language training, corporate, business, and industrial
training and skill upgrading, which includes consulting services relating
to technical support, advice, curriculum, and program development in
education.
|
IV-CL-7
Sector
|
Government finances
|
Industry Classification
|
|
Obligations
Concerned |
National Treatment (Article 12.4)
|
Description:
|
Investment
Chile reserves the right to adopt or maintain any measure related to the
acquisition, sale, or disposal by Brunei Darussalam, New Zealand or
Singapore nationals of bonds, treasury securities, or any other type of
debt instruments issued by the Central Bank or the Government of Chile.
|
IV-CL-8
Sector
|
Fisheries
Fishing-Related Activities
|
Industry Classification
|
CPC 882 Services incidental to fishing
CPC 04 Fish and other fishing products
|
Obligations
Concerned |
National Treatment (Article 12.4)
Most-Favoured-Nation Treatment (Article 12.5)
|
Description
|
Cross Border Services and Investment
Chile retains the right to control the activities of foreign fishing,
including fish landing, first landing of fish processed at sea, and
access to Chilean ports (port privileges).
Chile reserves the right to control the use of beaches, land
adjacent to beaches (terrenos de playas), water-columns
(porciones de agua), and sea-bed lots (fondos marinos)
for the issuance of maritime concessions. For greater certainty,
“maritime concessions” does not include aquaculture.
|
Existing Measures
|
Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley
de
Navegación
Decreto con Fuerza de Ley 340, Diario Oficial, abril 6, 1960, sobre
Concesiones Marítimas
Decreto Supremo 660, Diario Oficial, noviembre 28, 1988,
Reglamento de Concesiones Marítimas
|
IV-CL-9
Sector
|
Cultural Industries
|
Industry Classification
|
|
Obligations Concerned
|
Most-Favoured-Nation Treatment (Article 12.5)
|
Description
|
Cross Border Services and Investment
Chile reserves the right to adopt or maintain any measure that
accords differential treatment to countries under any
existing or future bilateral or multilateral international agreement with
respect to cultural industries, such as audiovisual cooperation
agreements. For greater certainty, government supported subsidy programs for
the promotion
of cultural activities are not subject to the limitations or
obligations of this Agreement.
Cultural industries means persons engaged in any of the following
activities:
(a) Publication, distribution, or sale of books, magazines,
periodical publications, or printed or electronic newspapers, excluding the
printing and typesetting of any of the foregoing;
(b) Production, distribution, sale, or display of recordings of
movies or videos;
(c) Production, distribution, sale, or display of music
recordings in audio or video format;
(d) Production, distribution, or sale of printed music scores or scores
readable by machines; or
(e) Radiobroadcasts aimed at the public in general, as well as
all radio, television and cable television- related activities,
satellite programming services, and broadcasting networks.
|
IV-CL-10
Sector
|
Social Services
|
Industry Classification
|
CPC 913 Compulsory social security services
CPC 92 Education services
CPC 93 Health and social services
|
Obligations
Concerned |
National Treatment (Article 12.4)
Most-Favoured-Nation Treatment (Article 12.5) Local Presence (Article
12.7)
|
Description
|
Cross Border Services and Investment
Chile reserves the right to adopt or maintain any measure with respect to
the provision of public law enforcement and correctional services,
and the following services to the extent that they are social services
established or maintained for reasons of public interest: income security or
insurance, social security or insurance, social welfare, public education,
public training, health care, and child care.
|
IV-CL-11
Sector
|
Environmental Services
|
Industry Classification
|
CPC 94 Sewage and refuse disposal, sanitation and other environmental
protection services
|
Obligations
Concerned |
National Treatment (Article 12.4)
Most-Favoured-Nation Treatment (Article 12.5) Local Presence (Article
12.7)
|
Description
|
Cross Border Services
Chile reserves the right to adopt or maintain any measure imposing
the requirement that the production and distribution
of drinking water, the collection and disposal of waste water, and
sanitation services, such as sewage systems, waste disposal, and waste
water treatment may only be provided by juridical persons incorporated under
Chilean law or created in accordance with the requirements established by
Chilean law.
This reservation shall not apply to consultancy services
retained by said juridical persons.
|
IV-CL-12
Sector
|
Construction Services
|
Industry Classification
|
CPC 51 Construction work
CPC 52 Constructions
CPC 8672 Engineering services
|
Obligations
Concerned |
National Treatment (Article 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services
Chile reserves the right to adopt or maintain any measure with respect to
the provision of construction services rendered by
foreign juridical persons or legal entities imposing requirements of residence,
registration, and/or any other form
of local presence, or imposing the obligation of giving financial
security for work as a condition for the provision of construction
services.
|
IV-CL-13
Sector All Sectors
Industry
Classification
Obligations
Concerned
Market Access (Article 12.6)
Description Cross Border Services and Investment
Chile reserves the right to adopt or maintain any measure
that is not inconsistent with the Chile’s obligations under
Article XVI of the General Agreement on Trade in Services.
IV-CL-14
Schedule of New Zealand
Sector
|
All sectors
|
Industry Classification
|
|
Obligations concerned
|
National Treatment (Article 12.4)
Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article
12.6)
Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or maintain any measure with
respect to:
|
IV-NZ-1
Sector
|
All sectors
|
Industry Classification
|
|
Obligations concerned
|
National Treatment (Article 12.4) Market Access (Article 12.6) Local
Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or maintain any measure
with respect to water, including the allocation, collection and treatment and
distribution of drinking water.
This reservation does not apply to the wholesale trade and retail of
bottled mineral, aerated and natural water.
|
IV-NZ-2
Sector
|
All Sectors
|
Industry Classification
|
|
Obligations concerned
|
National Treatment (Article 12.4)
Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article
12.6)
Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt and maintain the following
measures solely as part of the act of devolving a service, that is provided in
the exercise of governmental authority at the time the Agreement enters into
force:
|
IV-NZ-3
Sector
|
All Sectors
|
Industry Classification
|
|
Obligations concerned
|
National Treatment (Article 12.4)
Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article
12.6)
|
Description
|
Cross Border Services and Investment
Where New Zealand has devolved a service to an enterprise that it
wholly-owns or over which it has effective control then New Zealand reserves the
right to adopt or maintain any measures
regarding the sale of any shares in that enterprise or any assets of that
enterprise to any person, including according more favourable treatment
to New Zealand nationals.
|
IV-NZ-4
Sector
|
All Sectors
|
Industry Classification
|
-
|
Obligations concerned
|
Market Access (Article 12.6)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or maintain any measure that is not
inconsistent with New Zealand’s obligations under Article XVI of the
GATS.*
|
* This means that the stipulation in Article 12.8(1)(c) (Non-Conforming Measures) not to decrease the conformity of the measure as it existed immediately before the amendment, does not apply with respect
to the Market Access entries in New Zealand’s Schedule to Annex III.
IV-NZ-5
Sector
|
All Sectors
|
Obligations concerned
|
National Treatment (Article 12.4)
|
Description
|
Investment
New Zealand reserves the right to adopt or
maintain any measure that sets out the approval criteria to be applied to the
categories of overseas investment that require approval
under New Zealand’s overseas investment regime.
For transparency purposes those categories, as set out in Annex IIl,
are:
NZ$50 million; *
assets exceed NZ$50 million;
†
|
* Proposed New Zealand legislation is being considered that would raise the NZ$50 million threshold to
NZ$100 million.
† Proposed New Zealand legislation is being considered that would raise the NZ$50 million threshold to
NZ$100 million.
‡ Proposed New Zealand legislation is being considered that would eliminate the NZ$10 million threshold.
IV-NZ-6
Existing measures Overseas Investment Act 1973
Fisheries Act 1996
Overseas Investment Regulations 1996
IV-NZ-7
Sector
|
All sectors
|
Obligations concerned
|
Most-Favoured-Nation Treatment (Article 12.5)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or maintain any measure
that accords differential treatment to countries under any bilateral
or multilateral international agreement in force or signed prior to the
date of entry into force of this Agreement.
For greater certainty, this includes, in respect of agreements on the
liberalisation of trade in goods or services or investment, any measures
taken as part of a wider process of economic integration or trade
liberalisation between the parties to such agreements.
New Zealand reserves the right to adopt or maintain any measure
that accords differential treatment to countries under any international
agreement in force or signed after the date of entry into force of this
Agreement involving:
|
IV-NZ-8
Sector
|
All sectors
|
Industry Classification
|
|
Obligations concerned
|
National Treatment (Article 12.4) Market Access (Article 12.5) Local
Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or maintain any measure
regarding the control, management or use of:
|
Existing measures
|
Conservation Act 1987 and the enactments listed in Schedule 1
of the Conservation Act
1987
Resource Management Act 1991
Local Government Act 1974 and subsequent amendments
|
IV-NZ-9
Sector
|
All sectors
|
Industry Classification
|
This reservation applies to all sectors, except the following:
86** legal,
accounting, auditing, book-keeping, taxation, market research, public
opinion polling, management consulting, architectural, engineering and other
technical services
87** business services not elsewhere classified
96** recreational, cultural and sporting
services
** CPC 8676 (technical testing), CPC 876
(packaging), 96194 (circuses), 96321
(museums) and 96333 (botanical and zoological services) are subject to the
reservation.
|
Obligations concerned
|
National Treatment (Article 12.4) Market Access (Article 12.6) Local
Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or maintain any nationality
or residency measures in relation to:
|
IV-NZ-10
Nothing in this reservation shall be construed to derogate from the obligations of Chapter 7
(Sanitary and Phytosanitary Measures), or the obligations of the SPS Agreement.
Nothing in this reservation shall be construed to derogate from the obligations of Chapter 8
(Technical Barriers to Trade), or the obligations of the TBT Agreement.
IV-NZ-11
Sector
|
All Sectors
|
Industry Classification
|
|
Obligations concerned
|
National Treatment (Article 12.4) Market Access (Article 12.6)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to maintain or adopt any measure made by
or under an enactment in respect of the foreshore and
seabed, internal waters as defined in international law (including the
beds, subsoil and margins of such internal waters) territorial sea, the
Exclusive Economic Zone; and for the issuance of maritime concessions in the
continental shelf.
|
Existing measures
|
Resource Management Act 1991
Foreshore and Seabed Act 2004
Resource Management (Foreshore and
Seabed) Amendment Act 2004
|
IV-NZ-12
Sector
|
Business Services
Legal Services
|
Industry Classification
|
CPC 861
|
Obligations concerned
|
National Treatment (Article 12.4) Market Access (Article 12.6)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or
maintain any measure with respect to the provision of publicly funded legal
services.
|
IV-NZ-13
Sector
|
Business Services
Fire Services
|
Industry Classification
|
CPC 91260* fire fighting services
*Public administrative, operational and supervision services for fire
protection affairs as well as administrative and operational services
for fire-fighting and fire prevention by regular and auxiliary fire
brigades.
|
Obligations concerned
|
National Treatment (Article 12.4) Market access (Article 12.6)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or
maintain any measure with respect to the provision of fire fighting
services, excluding aerial fire fighting services.
|
IV-NZ-14
Sector
|
Business Services
Research and Development
|
Industry Classification
|
CPC 8510 Research and experimental development services on physical
sciences and engineering
CPC 8520 Research and experimental development services on social
sciences and humanities
CPC 8530 Interdisciplinary research and experimental development
services
|
Obligations concerned
|
National Treatment (Article 12.4)
Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article
12.6)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or maintain any measure with
respect to:
For the avoidance of doubt, the reservation in respect of
the Most-Favoured-Nation Treatment obligation does not apply to the
entry on Research and Development services carried out by State Funded
tertiary institutions or by Crown Research Institutes when such research is
conducted for a public purpose.
|
IV-NZ-15
Sector
|
Business Services
Technical testing and analysis services
|
Industry Classification
|
CPC 86751 geological, geophysical and scientific prospecting
CPC 86761 Composition and purity testing and analysis services
CPC 86764 Technical inspection services
CPC 86769 Other technical testing and analysis services
|
Obligations concerned
|
National Treatment (Article 12.4)
Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article
12.6)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or maintain any measures in
respect of:
|
IV-NZ-16
Sector
|
Business Services
Services related to fisheries and aquaculture
|
Industry Classification
|
Services related to stocks of fish and marine living resources;
operational services related to aquaculture hatcheries or farms; and
manufacturing services where these relate to fish or marine living
resources processed at sea.
|
Obligations concerned
|
National Treatment (Article 12.4)
Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article
12.6)
Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to control the activities of
foreign fishing, including fishing landing, first landing of fish
processed at sea, and access to New Zealand ports (port privileges)
consistent with the provisions of the United Nations Convention on the
Law of the Sea.
|
Existing Measures
|
For greater transparency, examples of existing measures contained in
the Fisheries Act 1996 and the Aquaculture Reform Act 2005 include:
|
IV-NZ-17
IV-NZ-18
Sector
|
Business Services Energy Manufacturing Wholesale trade Retail
|
Industry Classification
|
|
Obligations concerned
|
National Treatment (Article 12.4)
Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article
12.6)
Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt any measure in order to
prohibit, regulate, manage or control the production, use, distribution
or retail of nuclear energy, including setting
conditions for natural persons or juridical persons to do so.
|
IV-NZ-19
Sector
|
Business Services
Immigration services
|
Industry Classification
|
|
Obligations concerned
|
Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article
12.6)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt any
measures, with respect to licensing requirements and the enforcement of
those requirements, including through information sharing, in respect of
natural persons who provide immigration advice, to a person in
regards to any immigration matter relating to New Zealand.
For greater transparency, this entry only applies
in respect of the Most-Favoured-Nation obligation to the extent that New
Zealand enters into a reciprocal agreement about information
sharing or enforcement of New Zealand’s licensing requirements within
the country with whom the agreement is made.
This reservation does not apply to a national or permanent resident of
another Party who is authorised to practice law in New Zealand.
|
IV-NZ-20
Sector
|
Communication Services
Postal
|
Industry Classification
|
CPC 7511 postal services
|
Obligations concerned
|
National Treatment (Article 12.4)
Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article
12.6)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or maintain any measure with
respect to the imposition of additional conditions for operation in
the market or de-registration of postal operators where such operators engage
in anti-competitive behaviour.
|
IV-NZ-21
Sector
|
Communication Services
Audio-visual and other Services
|
Industry Classification
|
CPC 9611 Motion picture and video production and distribution
services
CPC 9612 Motion picture services
CPC 9613 Radio and television services
CPC 7524 Programme transmission services
CPC 753 Radio and television cable services
|
Obligations concerned
|
National Treatment (Article 12.4)
Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article
12.6)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or maintain preferential
co-production arrangements for film and
televisions productions. Official co-production status, which may be granted
to a co-production produced under these co-production arrangements, confers
national treatment on works covered by these arrangements.
|
Existing Measures
|
For greater transparency, S.18 New Zealand Film Commission Act 1978
limits Commission funding to films with a “significant New Zealand
content”. This criterion is deemed to be satisfied if made pursuant to a
co-production agreement or arrangement with the partner country in
question.
|
IV-NZ-22
Sector
|
Communication Services
Audio-visual and other Services
|
Industry Classification
|
|
Obligations concerned
|
National Treatment (Article 12.4)
Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article
12.6)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or maintain any measure
made by or under any enactment with respect to the promotion of
local content on public radio and public television.
|
IV-NZ-23
Sector
|
Distribution Services Commission agents’ services Wholesale trade
services
|
Industry Classification
|
CPC 221 Processed liquid milk and cream
CPC 229 Other dairy products
|
Obligations concerned
|
National treatment (Article 12.4) Market access (Article 12.6)
|
Description
|
Investment
New Zealand reserves the right to adopt or maintain any measures with
respect to:
7(1)(a) of the Dairy Industry
Restructuring Act 2001 (DIRA) (or any successor body); and
the disposition of assets of that company or its successor bodies.
|
Existing Measures
|
Dairy Industry Restructuring Act 2001 and subsequent
regulations.
|
IV-NZ-24
Sector
|
Distribution Services
Wholesale trade services
|
Industry Classification
|
CPC 62221** services relating to fruit and vegetables
** This reservation only applies to kiwifruit
|
Obligations concerned
|
National Treatment (Article 12.4) Market access (Article 12.6)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or maintain any measures
with respect to the export marketing of fresh kiwifruit to all markets
other than Australia.
|
Existing Measures
|
The Kiwifruit Industry Restructuring Act 1999
and Regulations.
|
IV-NZ-25
Sector
|
Distribution Services
Wholesale trade and distribution services
|
Industry Classification
|
|
Obligations concerned
|
National Treatment (Article 12.4) Market Access (Article 12.6)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or maintain any measures with
respect to:
This reservation is not intended to have the effect of
prohibiting all investment in the provision of wholesale trade and
distribution services relating to goods in the HS chapters covered by the
WTO Agreement on Agriculture. The entry applies in respect of investment
to the extent that the services sectors specified in this reservation are a
subset of agricultural products subject to tariff quotas, country-specific
preferences or other measures of similar effect.
|
IV-NZ-26
Sector
|
Distribution Services Commission agents’ services Wholesale trade
services
|
Industry Classification
|
|
Obligations concerned
|
National Treatment (Article 12.4) Market Access (Article 12.6)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to maintain or adopt any measures
necessary to give effect to the establishment or the
implementation of mandatory marketing plans (also referred to as “export
marketing strategies”) for the export marketing of products
derived from:
where there is support within the relevant
industry that a mandatory collective marketing plan should be adopted or
activated.
For the avoidance of doubt, mandatory marketing plans, in the
context of this reservation exclude measures limiting the number of
market participants or limiting the volume of exports.
|
Existing Measures
|
New Zealand Horticulture Export Authority
Act 1987
|
IV-NZ-27
Sector
|
Education Services
|
Industry Classification
|
CPC 923 Higher education services
CPC 924 Adult education services n.e.c.
|
Obligations concerned
|
National Treatment (Article 12.4) Market Access (Article 12.6)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or maintain any measure with
respect to the use of statutorily protected educational terms and titles.
|
Existing Measures
|
In the interests of greater transparency such
terms include: “university”, “college of
education”, “polytechnic” and "institute of technology as set
out in S.292 and S.294 of the Education Act 1964.
|
IV-NZ-28
Sector
|
Health and Social services
Social services
|
Industry Classification
|
|
Obligations concerned
|
National Treatment (Article 12.4)
Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article
12.6)
Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or maintain any measure with
respect to all modes for the supply of adoption services.
|
IV-NZ-29
Sector
|
Health and Social services
Health services
|
Industry Classification
|
CPC 9311 * Hospital services
CPC 93191** Deliveries and related services, nursing services,
physiotherapeutic and para- medical services
* This is not intended to apply to services provided
by nurses, physiotherapists and para-medical personnel in a hospital
setting.
** This includes services such as supervision during pregnancy and child
birth and the supervision of the mother after birth.
|
Obligations concerned
|
Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article
12.6)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or maintain any measure with
respect to the following services to the extent that they are provided by
the private sector:
|
IV-NZ-30
Sector
|
Recreation, cultural and sporting
|
Industry Classification
|
CPC 96492 Gambling and betting services
CPC 96499 Other recreational services n.e.c.
|
Obligations concerned
|
National Treatment (Article 12.4) Market Access (Article 12.6)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or maintain any measure with
respect to gambling, betting and prostitution services.
|
Existing Measures
|
Gambling Act 2003
Gaming and Lotteries (Licensed Promoters) Regulations 1978
Gambling (Class 4 Net Proceeds) Regulations 2004
Gambling (Infringement Notices) Regulations 2004
Gambling (Harm Prevention and Minimisation) Regulations 2004
Gambling (Problem Gambling Levy) Regulations
2004
Prostitution Reform Act 2003
Racing Act 2003
|
IV-NZ-31
Sector
|
Recreation, cultural and sporting
Library, archive, museum and other cultural services
|
Industry Classification
|
CPC 96311 Library services
CPC 96312 Archives services
CPC 9632 Museum services including the preservation services of historical
sites and buildings.
An indicative list of services or investment activities that
would come within in the scope of
“cultural heritage of national value” includes:
ethnological, archaeological, historical, literary, artistic, scientific or
technological heritage, as well as collections that are documented, preserved
and exhibited by museums, galleries, libraries, archives and other heritage
collecting institutions.
|
Obligations concerned
|
National Treatment (Article 12.4)
Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article
12.6)
Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or maintain any measures in
respect of:
|
IV-NZ-32
Sector
|
Transport
Maritime Services
|
Industry Classification
|
|
Obligations concerned
|
National Treatment (Article 12.4)
Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article
12.6)
|
Description
|
Cross Border Services and Investment
New Zealand reserves the right to adopt or maintain any measure with
respect to:
|
IV-NZ-33
Schedule of Singapore
Sector
|
All
|
Industry
Classification |
|
Obligations
Concerned |
Most-Favoured-Nation Treatment (Article 12.5)
|
Description
|
Cross-Border Services and Investment
Singapore reserves the right to adopt or maintain any measure that
accords differential treatment to countries under any bilateral or
multilateral international agreement in force or signed prior to the date
of entry into force of this Agreement.
Singapore reserves the right to adopt or maintain any measure that
accords differential treatment to countries under any international
agreement in force or signed after the date of entry into force of this
Agreement involving:
(a) Air Services;
(b) Maritime and Port matters;
(c) Land Transport matters;
(d) Telecommunication Services matters; and
(e) E-commerce matters.
|
IV-SG-1
Sector
|
All
|
Industry
Classification |
|
Obligations
Concerned |
National Treatment (Article 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any measure
affecting the supply of health services by government-owned or
controlled healthcare institutions, such as hospitals and polyclinics,
including investments in these institutions, hospitals and polyclinics.
|
IV-SG-2
Sector
|
All
|
Industry
Classification |
|
Obligations
Concerned |
National Treatment (Article 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any measure
affecting the supply of social services, social security, public training,
public law enforcement, ambulance services, correctional services and fire
fighting services, except aerial fire fighting services.
|
IV-SG-3
Sector
|
Urban and Land Planning and Development
|
Industry
Classification |
|
Obligations
Concerned |
National Treatment (Article 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any measure
affecting the type of activities which may be conducted on land or the
usage of land, including but not limited to, its land zoning, land use
and urban planning policies.
|
IV-SG-4
Sector
|
All
|
Industry
Classification |
|
Obligations
Concerned |
National Treatment (Article 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any measure
affecting, the alienation and divestment of real estate owned by the
State.
|
Existing Measures
|
State Lands Act, Cap. 314, 1996 Revised Edition
|
IV-SG-5
Sector
|
All
|
Industry
Classification |
|
Obligations
Concerned |
National Treatment (Article 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any measure
affecting:
|
IV-SG-6
Sector
|
Administration and operation of national electronic systems
|
Industry
Classification |
|
Obligations
Concerned |
National Treatment (Article 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any measure
affecting the administration and operation of any national electronic system
which contains proprietary information of the government or information
gathered pursuant to regulatory functions and powers. Such measures apply to
existing national electronic systems like TradeNet and Marinet and any
other national electronic systems that may be established in the future.
|
IV-SG-7
Sector
|
Arms and explosives
|
Industry Classification
|
|
Obligations Concerned
|
National Treatment (Article 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any
measure affecting the arms and explosives sector. The manufacture, use,
sale, storage, transport, importation, exportation and possession of
arms and explosives are regulated for protection of vital security
interests.
|
Existing
Measures |
Arms and Explosives Act, Cap. 13, Revised Edition 1985
|
IV-SG-8
Sector
|
Broadcasting, entertainment and cultural services
|
Industry
Classification |
|
Obligations
Concerned |
National Treatment (Article 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any measure
relating to:
Broadcasting services refers to the scheduling of a series
of literary and artistic works by a content provider for aural
and/or visual reception, and for which
the content consumer has no choice over the scheduling of the series.
|
IV-SG-9
Sector
|
Business Services
Credit Reporting Services
|
Industry
Classification |
|
Obligations
Concerned |
National Treatment (Article 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to adopt or maintain any measure
affecting the supply of credit reporting services.
|
IV-SG-10
Sector
|
Business Services
Patent Agent Services
|
Industry
Classification |
|
Obligations
Concerned |
National Treatment (Article 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any measure
affecting the recognition of educational and
professional qualifications for purposes such as admission, registration and
qualification for patent agents.
|
Existing Measures
|
Patents Act, Cap. 221, 1995 Revised Edition
|
IV-SG-11
Sector
|
Business Services
|
Industry
Classification |
CPC 82 Real Estate Services
(does not apply to real estate consultancy services, real estate
agency services, real estate auction services and real estate valuation
services)
|
Obligations
Concerned |
National Treatment (Articles 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any measure
affecting real estate services. This includes, but
is not limited to, measures affecting the ownership, sale,
purchase, development and management of real estate.
This reservation does not apply to real estate consultancy services,
real estate agency services, real
estate auction services and real estate valuation services.
|
Existing
Measures |
Residential Property Act, Cap. 274, 1985 Revised Edition
State Lands Act, Cap. 314, 1996 Revised Edition
Housing and Development Act, Cap. 129, 1997 Revised
Edition
Jurong Town Corporation Act, Cap. 150, 1998 Revised
Edition
Executive Condominium Housing Scheme Act, Cap. 99A,
1997 Revised Edition
|
IV-SG-12
Sector
|
Business services
|
Industry
Classification |
CPC 87305 Guard Services
|
Obligations
Concerned |
National Treatment (Articles 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any
measure affecting the provision of armed escort, armoured car and armed guard
services.
|
Existing Measures
|
Part IX of the Police Force ct, Cap. 235, 1985 Revised
Edition.
|
IV-SG-13
Sector
|
Business services
Betting and Gambling Services
|
Industry
Classification |
|
Obligations
Concerned |
National Treatment (Articles 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any measure affecting the
supply of betting and gambling services.
|
Existing Measures
|
Betting Act, Cap. 21, 1985 Revised Edition
Common Gaming Houses Act, Cap. 49, 1985 Revised Edition
Private Lotteries Act Cap 250
|
IV-SG-14
Sector
|
Business - Professional Services (Legal Services)
|
Industry
Classification |
|
Obligations
Concerned |
National Treatment (Articles 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any measure affecting the
supply of legal services in Singapore.
|
IV-SG-15
Sector
|
Community, Personal and Social Services Services furnished by co-operative
societies Services furnished by trade unions
|
Industry
Classification |
CPC 952 Services furnished by trade unions
|
Obligations
Concerned |
National Treatment (Articles 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any measure affecting
services provided by co-operative societies and trade unions.
|
Existing Measures
|
Co-operative Societies Act, Cap. 62, 1985 Revised Edition
Trade Unions Act, Cap. 333, 1985 Revised Edition
|
IV-SG-16
Sector
|
Defence
|
Industry
Classification |
|
Obligations
Concerned |
National Treatment (Article 12.4)
|
Description
|
Investment
Singapore reserves the right to adopt or maintain any measure in
relation to the retention of a controlling interest by the
Singapore Government in Singapore
Technologies Engineering (the Company) and/or its successor body, including but
not limited to controls over the appointment and termination of members of the
Board of Directors, divestment of equity and dissolution of the Company
for the purpose of safeguarding the security interest of Singapore.
|
IV-SG-17
Sector
|
Distribution, publishing and printing of newspapers
Newspapers means any physical publication containing news,
intelligence, reports of occurrences, or any remarks, observations or comments
relating thereto or to any matter of public interest, printed in any
language and published for sale or free distribution at intervals not
exceeding one week.
|
Industry
Classification |
|
Obligations
Concerned |
National Treatment (Articles 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any
measure affecting the publishing or printing of newspapers, including but not
limited to, shareholding limits and management control.
The distribution of any newspaper, whether published outside of
Singapore or in Singapore, shall be subject to the laws of Singapore.
|
Existing Measures
|
Newspaper and Printing Presses Act, Cap 206. 1991
Revised Edition
|
IV-SG-18
Sector
|
Trade Services
Distribution Services Commission Agents’ Services Wholesale Trade
Services Retailing Services
Franchising
|
Industry
Classification |
|
Obligations
Concerned |
National Treatment (Articles 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any measure
affecting the supply of any products subject to import prohibition or
non-automatic import licensing.
Singapore reserves the right to modify and/or increase the list of products
stipulated in the laws, regulations and other measures governing
Singapore’s import prohibition or non- automatic import licensing
regime.
|
IV-SG-19
Sector
|
Educational Services
Primary Education Services
Secondary Education Services
|
Industry
Classification |
CPC 921 Primary Education Services
CPC 92210 General Secondary Education Services
CPC 92220 Higher Secondary Education Services (only applies to Junior
colleges and pre-university centres under the Singapore educational
system)
|
Obligations
Concerned |
National Treatment (Articles 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any
measure affecting the supply of primary, general secondary and higher
secondary (only applies to junior colleges and pre-university centres
under the Singapore educational system) education services for
Singapore citizens, including Sport Education Services.
Commitments on Market Access and National Treatment through any mode
of supply shall not be construed to apply
to the recognition of university degrees for the purposes of admission,
registration and qualification for professional practice in Singapore.
|
Existing Measures
|
Education Act, Cap. 87, 1985 Revised Edition
Administrative Guidelines
|
IV-SG-20
Sector
|
Health and Social Services
Services provided by health-related professionals
|
Industrial
Classification |
|
Obligations
Concerned |
National Treatment (Articles 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to adopt or to maintain any measure in
relation to the recognition of educational and professional qualifications for
the purposes of admission, registration and qualification of health-related
professionals, including but not limited to contact lens
practitioners, dentists, doctors, pharmacists, nurses, midwives and traditional
Chinese medicine practitioners.
|
Existing Measures
|
Contact Lens Practitioner Act, Cap. 53A, 1996 Revised
Edition
Dentists Act, Cap. 76, 2000 Revised Edition
Medical Registration Act, Cap. 174, 1998 Revised
Edition
Nurses and Midwives Act, Cap. 209, 2000 Revised
Edition
Pharmacists Registration Act, Cap. 230, 1985 Revised
Edition
Traditional Chinese Medicine Practitioners Act, Cap.
333A, 2001 revised Edition
|
IV-SG-21
Sector
|
Sewage and refuse disposal, sanitation and other environmental protection
services
Waste Water Management, including but not limited to collection, disposal
and treatment of solid waste and waste water.
|
Industry
Classification |
CPC 9401 Sewerage Services
|
Obligations
Concerned |
National Treatment (Articles 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any measure
affecting waste water management, including but not limited to the
collection, treatment and disposal of waste water.
|
Existing Measures
|
Code of Practice on Sewerage and Sanitary Works
Sewerage and Drainage Act, Cap. 294, 2001 Revised
Edition
|
IV-SG-22
Sector
|
Telecommunications Services
|
Industry
Classification |
|
Obligations
Concerned |
National Treatment (Article 12.4)
|
Description
|
Investment
Singapore reserves the right to maintain or adopt any measure
affecting the level of foreign ownership in telecommunications
services.
|
IV-SG-23
Sector
|
Trade services
Supply of potable water for human consumption
|
Industry
Classification |
CPC 18000 Natural Water
The sectors listed above apply only insofar as they relate to the supply of
potable water.
|
Obligations
Concerned |
National Treatment (Articles 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any measure
affecting the supply of potable water.
|
Existing Measures
|
Public Utilities Act, Cap. 261, 1996 Revised Edition
Public Utilities Act 2001, Act 8 of 2001
|
IV-SG-24
Sector
|
Transport Services
Air transport services
|
Industry
Classification |
|
Obligations
Concerned |
National Treatment (Articles 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any measure
affecting the investment in, and/or the supply
of, computer reservation systems; air navigation services; air traffic control
services; licensing of air traffic controllers; airspace management;
air traffic flow information; air traffic and flight information;
navigation services; aeronautical information; aerodrome rescue and
fire fighting services; ground operations; terminal operations, flight
information management; apron control services, security of aerodromes and
commercial activities; and the real estate management of airports and
heliports.
|
IV-SG-25
Sector
|
Transport Services
Air transport services
|
Industry
Classification |
|
Obligations
Concerned |
National Treatment (Articles 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any measure
affecting, including but not limited to, the
building, ownership, operation and management of airports and heliports in
Singapore.
|
IV-SG-26
Sector
|
Transport Services
Air transport services
|
Industry
Classification |
|
Obligations
Concerned |
National Treatment (Article 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any measure
affecting the supply of the following specialty air services :
(i) surveying;
(ii) mapping; and
(iii) photography.
|
IV-SG-27
Sector
|
Transport Services
Land Transport Services – Public Transport Services, including
but not limited to Passenger Transportation services by Railway,
Urban and Suburban Regular Transportation Services, Taxi Services; Bus
and Rail Station Services and Ticketing Services related to public transport
services
Public Transport Services are services which are used by and accessible
to members of the public for the purposes of transporting themselves
within Singapore.
|
Industry
Classification |
|
Obligations
Concerned |
National Treatment (Articles 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any
measure affecting the supply of public transport services.
Public transport services are services which are used by and
accessible to members of the public for the purposes of transporting
themselves within Singapore.
|
Existing Measures
|
Rapid Transit Systems Act, Cap. 263A
Land Transport Authority of Singapore Act, Cap. 158A,
1996 Revised Edition
Public Transport Council Act, Cap. 259B, 2000 Revised
Edition
|
IV-SG-28
Sector
|
Transport Services
Land Transport Services – Rail and Road Freight transportation.
Supporting services for rail and road transport services.
|
Industry
Classification |
|
Obligations
Concerned |
National Treatment (Articles 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any measure
affecting the supply of land transport services as set out above.
|
IV-SG-29
Sector
|
Transport services
Land Transport Services
Services Auxiliary to All Modes of Transport
|
Industry
Classification |
CPC 742 Storage and Warehousing Services
CPC 748 Freight Transport Agency Services
(does not apply to freight forwarding by air) CPC 749 Other Supporting and
Auxiliary Transport
Services
|
Obligations
Concerned |
National Treatment (Articles 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to adopt or maintain any measure that
accords treatment to persons of the other Party equivalent to any measure
adopted or maintained by the other Party in relation to the provision of
storage and warehousing, freight forwarding (excluding freight forwarding by
air), inland trucking, container station, and depot services by persons of
Singapore.
|
IV-SG-30
Sector
|
Transport Services
Maritime Transport Services – Towing and tug assistance;
provisioning, fuelling and watering; garbage collection and ballast
waste disposal; port captain’s services; navigation aids;
emergency repair facilities; anchorage; and other shore-based
operational services essential to ship operations, including
communications, water and electrical supplies.
|
Industry
Classification |
CPC 72140 Towing and Pushing Services
CPC 74510 Port and Waterway Operation Services
CPC 74520 Pilotage and Berthing Services
CPC 74530 Navigation Aid Services
CPC 74540 Vessel Salvage and Refloating Services
CPC 74590 Other Supporting Services for Water
Transport
|
Obligations
Concerned |
National Treatment (Articles 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any measure
affecting the supply of towing and tug assistance; provisioning, fuelling and
watering; garbage collection and ballast waste disposal; port
captain’s services; navigation aids; emergency repair facilities;
anchorage; and other shore-based operational services essential to ship
operations, including communications, water and electrical supplies.
For greater certainty, no measures shall be applied which
deny international maritime transport operators reasonable and
non-discriminatory access to the above port services.
|
Existing Measures
|
MPA Act Cap 170A, Section 41 (part VIII)
|
IV-SG-31
Sector
|
Transport services
Internal Waterways Transport Services
|
Industry
Classification |
CPC 722 Transport Services By Non-Seagoing Vessels
|
Obligations
Concerned |
National Treatment (Articles 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to maintain or adopt any
measure affecting the supply of internal waterways transportation
services.
|
IV-SG-32
Sector
|
Trade Services
Wholesale trade services and retail trade services of alcoholic beverages
and tobacco
|
Industry classification
|
|
Obligations
Concerned |
National Treatment (Articles 12.4) Local Presence (Article 12.7)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to adopt or maintain any measure
affecting the supply of wholesale and retail trade services of tobacco products
and alcoholic beverages.
|
IV-SG-33
Sector
|
All
|
Industry classification
|
|
Obligations
Concerned |
Market Access (Article 12.6)
|
Description
|
Cross Border Services and Investment
Singapore reserves the right to adopt or maintain any
measure that is not inconsistent with Singapore’s obligations under
Article XVI of the General Agreement on Trade in Services.
|
IV-SG-34