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United States-Singapore Free Trade Agreement |
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ANNEX 8A
SCHEDULE OF SINGAPORE
Headnotes:
1. Local Presence and National Treatment are separate disciplines and a measure that is only
inconsistent with Local Presence need not be reserved against National Treatment.
2. References to CPC codes refer to the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991) and are meant to define the scope of the reservation unless otherwise stated.
3. The carve-out for subsidies in the Chapter on Cross-Border Trade in Services includes subsidies
or grants provided by a Party to service consumers.
4. The carve-outs for financial services, subsidies, and government procurement in the Chapter on
Cross-Border Trade in Services apply equally to the Investment Chapter.
5. Where an inconsistency arises in relation to the interpretation of a reservation, the Description column or portion of the reservation shall prevail to the extent of the inconsistency.
6. For greater certainty, the fact that Singapore has described a measure in the Description element
of a Schedule entry does not necessarily mean that, in the absence of such a Schedule entry, the measure would be inconsistent with Singapore’s obligations under Chapter 8 (Cross-Border Trade
in Services), Chapter 10 (Financial Services), or Chapter 15 (Investment).
8A-Singapore-1
SINGAPORE’S SCHEDULE TO ANNEX 8A
Sector All
Sub-sector -
Obligations
concerned
National Treatment
Level of
Government
Central
Measures Insurance Act, Cap. 142, MAS Notice 109
Banking Act, Cap.19, MAS Notice 757
Finance Companies Act, Cap. 108, MAS Notice 816
Financial Advisers Act, Cap. 110, MAS Notice 1201
Monetary Authority of Singapore Act, Cap. 186, MAS Notice 1105 Securities
Industry Act, Act 15 of 1986, MAS Notice 1201
Securities and Futures Act, Cap. 289, MAS Notice 1201
Description Investment
Financial institutions extending Singapore dollar (S$) 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.
Financial institutions should not extend S$ credit facilities to non-resident financial entities if there is reason to believe that the S$ proceeds may be used for S$ currency speculation.
The term “non-resident” is as defined in MAS Notice 757, issued under the
Banking Act. Phase Out -
8A-Singapore-2
Sector Business Services
Sub-sector Credit Bureau Services
Industry -
Classification
Obligations
concerned
Market Access
Local Presence
Level of
Government
Central
Measures Administrative measure pursuant to the Monetary Authority
of Singapore Act, Cap. 186
Description Cross-Border services and Investment:
Singapore reserves the right to limit the number of suppliers of credit bureau services
where information provided by the supplier of credit bureau services is obtained from financial institutions in Singapore. The supplier must be established in Singapore and be subjected to requirements that include share ownership and other rights of the Association of Banks in Singapore.
Phase-out -
8A-Singapore-3
Sector All
Sub-sector -
Industry -
Classification
Obligations
concerned
National Treatment
Level of
Government
Central
Measures Administrative
Description Investment:
As part of the Asset Enhancement Scheme, the Government of Singapore may limit to
Singapore citizens sales of tranches of shares in enterprises that it owns. However, these shares will be freely transferable thereafter.
Phase-out -
8A-Singapore-4
Sector - Sub-sector -
Industry -
Classification
Obligations
concerned
Level of
Government
National Treatment
Central
Measures This is an administrative policy of the Government of Singapore and is
inscribed in the Memorandum and Articles of Association of PSA Corporation. Description 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
*The definition of “aggregate of foreign shareholdings” as used in describing
this non-conforming measure, is based on the definition of the term as used in the Articles and Memorandum of Association of PSA Corporation and is only applicable for the purposes of this Schedule entry.
Phase-out -
8A-Singapore-5
Sector - Sub-sector -
Industry -
Classification
Obligations
concerned
National Treatment
Level of
Government
Central
Measures 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 Investment:
Individual 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%; and
(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.
Phase-out -
8A-Singapore-6
Sector All
Sub-sector -
Industry
Classification
Obligations concerned
-
National Treatment
Level of
Government
Central
Measures Business Registration Act, Cap. 32
Companies Act, Cap. 50
Description Cross-Border Services and Investment:
Only a person who is a Singapore citizen, Singapore permanent resident, or
Singapore Employment Pass holder will be allowed to register a business without appointing a local manager.
A local manager must be a Singapore citizen, Singapore permanent resident, or
Singapore Employment Pass holder.
All locally incorporated companies must comply with the following requirements:
(a) at least 1 director of the company must be resident in Singapore; and
(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, a
Singapore permanent resident, or a Singapore Employment Pass holder. Phase-out -
8A-Singapore-7
Sector All
Sub-sector -
Industry -
Classification
Obligations
concerned
National Treatment
Most-Favored-Nation Treatment
Level of
Government
Central
Measures State Lands Act, Cap. 314
Description Investment:
Singapore may divest State Land in a manner inconsistent with the National and
Most-Favored Nation Treatment obligations of Article 15.4. Phase-out -
8A-Singapore-8
Sector Business Services
Sub-sector Auditing services
Industry -
Classification
Obligations
concerned
National Treatment
Local Presence
Level of
Government
Central
Measures Accountants Act, Cap. 2A
Description Cross-Border Services and Investment:
Only persons who are registered with the Institute of Certified Public Accountants
of Singapore (ICPAS) and the Public Accountants Board (PAB) and resident in
Singapore can be appointed as approved company auditors.
Corporations providing auditing services shall have to comply with the following requirements:
(a) not less than two-thirds of the board of directors (including the Chairman)
shall be Singapore registered public accountants;
(b) the business of the corporation shall be under the control of the directors who are Singapore registered public accountants; and
(c) not less than two-thirds of the voting shares of the corporation shall be owned by Singapore registered public accountants.
All the partners in partnerships providing auditing services shall be Singapore registered public accountants.
Phase-out -
Sector Business Services
8A-Singapore-9
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
Obligations
concerned
National Treatment
Local Presence
Level of
Government
Central
Measures Architects Act, Cap.12
Description 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 that are providing architectural services as part of a multi-disciplinary corporation
or practice) must obtain a license from the BOA. To qualify for the license, the corporation or partnership must:
(a) 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
(b) where corporations are concerned, at least 51% of the directors of the corporation must be Singapore registered architects or allied professionals; where partnerships are concerned, the beneficial interest in the capital assets and profits of the partnership must be held by Singapore registered architects
or allied professionals.
Allied professionals are Singapore registered land surveyors and engineers. Phase-out -
8A-Singapore-10
Sector Business Services
Sub-sector Land Surveying Services
Industry
Classification
Obligations concerned
-
National Treatment
Local Presence
Level of
Government
Central
Measures Land Surveyors Act, Cap. 156
Description Cross-Border Services and Investment:
Only persons who are registered with the Land Surveyors Board (LSB), are
resident in Singapore, and have had practical experience in surveying in Singapore are allowed to provide land surveying services.
All corporations and partnerships providing land surveying services (including those that are providing land surveying services as part of a multi-disciplinary corporation or practice) must obtain a license from the LSB. To qualify for the license, the corporation or partnership must:
(a) be under the control and management of a director or partner who is a Singapore 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 Singapore registered surveyor resident in Singapore; and
(b) where a corporation is concerned, all its directors must be Singapore 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 Singapore registered surveyors and/or allied professionals; where partnerships are concerned, only Singapore registered surveyors and allied professionals can have a beneficial interest in the capital assets and profits of the partnership.
Allied professionals are Singapore registered engineers and architects.
Phase-out The requirement 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 January 2004.
8A-Singapore-11
Sector Business Services
Sub-sector Legal Services
Industry
Classification
CPC 861, Legal Services
Obligations
concerned
National Treatment
Most-Favored-Nation Treatment
Market Access
Local
Presence
Performance Requirements
Senior Management and Board of
Directors
Level of
Government
Central
Measures Legal Profession Act, Cap. 161
Legal Profession (International Services) Rules, Cap. 161, Rule 20
Description Cross-Border services and Investment:
Only persons who are admitted to the Singapore Bar, registered as members with the
Law Society of Singapore, and holding a valid Practising Certificate are allowed to provide legal services in relation to Singapore law.
US law enterprises may only provide legal services in relation to Singapore law through a Joint Law Venture or Formal Law Alliance with a Singapore law enterprise, and only to the extent allowed by the laws, rules, and regulations concerning Joint Law Ventures and Formal Law Alliances, and subject to the conditions and requirements relating to Joint Law Ventures and Formal Law
Alliances. However, Singapore will modify these conditions and restrictions in favor
of U.S. law enterprises as follows:
(i) the minimum number of U.S. lawyers resident in Singapore which the U.S. law enterprise is required to maintain in a Joint Law Venture or a Formal Law Alliance shall be reduced from 5 to 3, at least 2 of whom shall be equity partners or a
member of the board of directors of the U.S. law enterprise;
(ii) the minimum relevant experience required of the 3 U.S. lawyers referred to in paragraph (i) shall be considered on an aggregate basis of 15 years, rather than on the basis of an individual experience of 5 years for each U.S. lawyer;
(iii) the minimum required relevant experience for U.S. lawyers working in a Joint Law Venture who wishes to apply to practise Singapore law under Section 130C of the Legal Profession Act shall be reduced from 5 years to 3 years;
8A-Singapore-12
Description
(continued)
(iv) relevant experience for the purposes of paragraphs (ii) and (iii), in the case of Joint Law Ventures, shall be expanded from banking and finance work to include any of the related areas identified as “Tier 1” and “Tier 2” legal software in the 1999 Report of the Legal Services Review Committee*; and
(v) a Joint Law Venture involving a U.S. law enterprise shall be allowed to practice corporate law in addition to banking and finance law.
U.S. lawyers may prepare and participate in international commercial arbitration in Singapore provided that, where the law applicable to the dispute to which the arbitration relates is the law of Singapore, the U.S. lawyer shall appear jointly with a Singapore lawyer who possesses a valid Practising Certificate.
* In the 1999 Report of the Legal Services Review Committee, “Tier
1” legal software was described as the legal software required for
‘cutting edge’ financial products and other strategic financial
products as follows: products developed in connection with (i) project finance
of infrastructure such as power, roads, water and telecommunications;
(ii)
international capital markets; (iii) asset securitisation; and (iv) structured
finance including leasing and acquisitions (collectively referred to as "tier 1
financial products") and “Tier 2” legal software was
described as the legal software required for the conventional financial
services in (i) the issue and trading of capital market instruments including
equities, bonds, warrants, medium term note programmes, fund management
products, currency and interest rate swaps, futures and derivatives; (ii)
onshore and offshore financing, such as syndicated and multi-currency
loans; (iii) mergers and acquisitions, takeovers and buy-outs; (iv) related
regulatory services; and (v) Singapore law opinions relating to tier 1 financial
products.
Phase Out -
8A-Singapore-13
Sector Business Services
Sub-sector Patent Agent Services
Industry -
Classification
Obligations
concerned
National Treatment
Local Presence
Level of
Government
Central
Measures Patents Act, Cap. 221
Description 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, practice, or act as a patent agent in Singapore.
Only enterprises which have at least one Singapore registered patent agent as a director or partner, as the case may be, are allowed to carry on a business, practice or act as a patent agent in Singapore.
Phase-out -
8A-Singapore-14
Sector Business Services
Sub-sector Professional Engineering services
Industry
Classification
Obligations concerned
-
National Treatment
Local Presence
Level of
Government
Central
Measures Professional Engineers Act, Cap. 253
Description 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 providing professional engineering services
(including those which are providing professional engineering services as part of a multi-disciplinary corporation or practice) must obtain a license from PEB. To qualify for the license, the corporation or partnership must:
(a) 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 and management of a director or partner who is a Singapore registered professional engineer resident in Singapore; and
(b) where corporations are concerned, at least 51% of the directors of the corporation must be Singapore registered professional engineers or allied professionals; where partnerships are concerned, the beneficial interest in the capital assets and profits of the partnerships must be held by Singapore registered professional engineers or allied professionals.
Allied professionals are Singapore registered land surveyors and architects. Phase-out -
8A-Singapore-15
Sector Business Services
Sub-sector Real Estate Services (as qualified in the Descriptions column)
Industry
Classification
CPC 82202, Non-residential property management services on a fee
or
contract basis
(as qualified in the Descriptions column)
Obligations
concerned
Level of
Government
National Treatment
Market Access
Central
Measures Sentosa Development Corporation Act, Cap. 291
Description Cross-Border Services and Investment:
Only the Sentosa Development Corporation is 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 for commercial, residential, and recreational purposes.
For the purposes 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 and Pulau Jong.
Phase-out -
8A-Singapore-16
Sector Development and ownership of residential property
Sub-sector -
Industry
Classification
Obligations concerned
Level of
Government
-
National Treatment
Central
Measures Residential Property Act, Cap. 274
Housing and Development Act, Cap. 129
Executive Condominium Housing Scheme Act, Cap. 99A Description Investment
1. Only Singapore citizens and Singapore enterprises are allowed to own restricted residential properties in Singapore.
“Restricted residential properties” is defined under the Residential Property
Act as all properties except the following:
(a) land zoned/approved for industrial/commercial use;
(b) any flat which is comprised in a building of 6 levels or more (including the ground level and any level below the ground level); and
(c) any unit which is comprised in a condominium development as approved by the competent authority.
Note: For (b) and (c) only Singapore citizens and Singapore enterprises can purchase/acquire the whole development.
All service suppliers, with the exception of Singapore citizens or Singapore enterprises, that develop privately owned residential land will be given 24-
36 months for obtaining the Temporary Occupation Permit (TOP) for the development. They are required to sell all the flats or dwelling houses in the development, or the entire development where the development comprises one or more buildings not subdivided into units for sale, within two years
from the issue of the TOP.
8A-Singapore-17
Description
(continued)
All service suppliers, with the exception of Singapore citizens or Singapore enterprises, that develop state land parcels sold by the Government will be given up to 2 years after the issue of the TOP to sell all the flats or dwelling houses that are classified as restricted residential properties in the development, or the entire development where the development comprises one or more buildings not subdivided into units for sale.
For the purposes of paragraph 1, "Singapore enterprises" are enterprises which are locally incorporated or organised and whose members and directors are composed solely of Singapore citizens.
2. Only Singapore citizens are allowed to own an apartment developed or owned
by the Housing and Development Board (HDB). Singapore permanent residents who
form part of a family nucleus and bodies corporate approved under the Housing
and Development Act may own HDB apartments purchased in the secondary
market.
Only Singapore citizens are allowed to own housing
accommodation sold under the executive condominium scheme under the Executive
Condominium Housing Scheme Act. Singapore permanent residents will be allowed to
own Executive Condominiums after the expiry of a minimum occupation period as
specified under the Executive Condominium Housing Scheme Act. Restrictions on
foreign ownership of Executive Condominiums will be lifted 5 years after the
expiry of the minimum occupation period.
HDB flats owned wholly by Singapore Permanent Residents may be vested in the Official Assignee on bankruptcy of the owners.
Phase-out -
8A-Singapore-18
Sector Ownership of residential and industrial property
Sub-sector -
Industry
Classification
Obligations concerned
-
National Treatment
Level of
Government
Central
Measures State Lands Act, Cap. 314
Housing and Development Act, Cap. 129
Jurong Town Corporation Act, Cap. 150
Description Investment:
Only the purchase of apartments developed by Housing and Development Board
(HDB), including Executive Condominiums, may be subsidised.
Singapore citizens or permanent residents who are affected by relocation or development measures will be given subsidies only for the purchase of apartments and industrial estates developed by HDB.
Phase-out -
8A-Singapore-19
Sector Development of residential, commercial and industrial properties
Sub-sector -
Industry -
Classification
Obligations
concerned
Local Presence
Market Access
Level of
Government
Central
Measures This is an administrative measure and is inscribed in the conditions of tender for the
sale of State Land. Description Cross-Border Services:
With the exception of residential properties with 4 units or less and projects given conservation status, all developers of all residential, commercial, and industrial properties on State Land sites sold by the Government are required to incorporate a new company in Singapore solely to undertake the project of developing the site.
For transparency purposes, all such developers must hold a controlling equity interest
in the company until a Temporary Occupation Permit (TOP) is issued by the
Commissioner of Building Control for the whole project. Phase-out -
8A-Singapore-20
Sector Business Services
Sub-sector Testing, analytical, and certification services on animals, plants, and products derived from animals and plants
Industry -
Classification
Obligations
concerned
Level of
Government
Local Presence
Central
Measures Agri-Food and Veterinary Authority Act, Act 16 of 2000
Description 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, that are physically present in Singapore, including where such items are intended for import, export, and import for the purposes of re-export.
Phase-out -
8A-Singapore-21
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)
Obligations
concerned
National Treatment
Most-Favored-Nation Treatment
Market
Access
Senior Management and Board of Directors
Level of
Government
Central
Measures Private Investigation and Security Agencies Act, Cap. 249
Description 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 II. Phase-out -
8A-Singapore-22
Sector Community, Personal, and Social Services
Sub-sector Services of co-operative societies
Industry
Classification
CPC 959, Services furnished by membership organisations n.e.c. (only applies
to
co-operative society services)
Obligations
concerned
National Treatment
Senior Management and Board of Directors
Local
Presence
Level of
Government
Central
Measures Co-operative Societies Act, Cap. 62
Description 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 co- operative society, on a case by case basis.
Phase-out -
8A-Singapore-23
Sector Community, Social, and Personal Services
Sub-sector Services furnished by trade unions
Industry
Classification
CPC 952, Services furnished by trade unions
Obligations
concerned
Local Presence
Senior Management and Board of Directors
Level of
Government
Central
Measures Trade Unions Act, Cap. 333
Description Cross-Border Services and Investment:
Only service suppliers with local presence can register as a trade union and provide
trade union services within Singapore.
Office-bearers of a trade union must be Singapore citizens. Phase-out -
8A-Singapore-24
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)
Obligations
concerned
National Treatment
Level of
Government
Central
Measures Administrative
Description Investment:
Only local universities are allowed to operate undergraduate or graduate programmes for
the training of doctors.
Local universities are universities which are established pursuant to an Act of Parliament. Phase-out -
Sector Health and Social Services
8A-Singapore-25
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)
Obligations
concerned
Local Presence
Level of
Government
Central
Measures Nurses and Midwives Act, Cap. 209
Contact Lens Practitioner Act, Cap. 53A Description 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. Phase-out -
8A-Singapore-26
Sector Health and Social Services
Sub-sector Medical Services
Industry
Classification
CPC 9312, Medical Services
Obligations
concerned
National Treatment
Local Presence
Level of
Government
Central
Measures Medical Registration Act, Cap. 174
Description Cross-Border Services:
Only persons who are registered with the Singapore Medical Council and resident
in Singapore can provide medical services.
A person seeking to be registered with the Singapore Medical Council who is not a
Singapore citizen will have to complete 6 years of conditional registration before he or she is eligible for full registration.
Phase-out -
8A-Singapore-27
Sector Health and Social Services
Sub-sector Pharmacy Services
Industry -
Classification
Obligations
concerned
Local Presence
Level of
Government
Central
Measures Pharmacists Registration Act, Cap. 230
Medicines Act, Cap. 176
Description 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.
Phase-out -
8A-Singapore-28
Sector Import, export, and trading services
Sub-sector -
Industry -
Classification
Obligations
concerned
Local Presence
Level of
Government
Central
Measures Regulation of Imports and Exports Act, Cap. 272 A
Regulation of Imports and Exports Regulation, Cap. 272A, Regulations 1
Description 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.
Phase-out -
8A-Singapore-29
Sector Manufacturing and services incidental to manufacturing
Sub-sector -
Industry -
Classification
Obligations
concerned
National Treatment
Performance Requirements
Most-Favored-Nation
Treatment
Level of
Government
Central
Measures Control of Manufacture Act, Cap. 57
Description Cross-Border Services and Investment:
The manufacture of the following products, and services incidental to the
manufacture of these products, in Singapore, may be subject to certain restrictions which are inconsistent with the National and Most-Favored-Nation Treatment obligations of article 15.4 and the Performance Requirements obligation of article
15.8:
(a) Beer and stout;
(b) Cigars;
(c) Drawn steel products;
(d) Chewing gum, bubble gum, dental chewing gum, or any like substance;
(e) Cigarettes; and
(f) Matches. Phase out -
8A-Singapore-30
Sector Post and Telecommunications Services
Sub-sector Postal Services (see Description)
Industry
Classification
Obligations concerned
-
National Treatment Market Access Local Presence
Performance
Requirements
Level of
Government
Central
Measures Postal Services Act, Cap. 237A Description Cross-Border Services and Investment:
(a) Only Singapore Post Pte. Ltd. is allowed to convey letters and postcards and perform all incidental services of receiving, collecting, sending, dispatching, and delivering of letters and postcards.
A letter is defined as any written or printed communication in the nature of current and personal correspondence. Current correspondence refers to daily correspondence between individuals and organisations, while personal correspondence refers to any correspondence that is addressed to any person, company, or organisation by name or designation. A postcard means a card recognised as a postcard in accordance with the terms of the Convention regulating the affairs of the Universal Postal Union.
(b) Paragraph (a) of this reservation does not apply to express letter services, which is defined as a local or an international express letter service or both. This service is administered under the Telecommunications (Class License for Postal Services) Regulations 1997.
Local express letters must be delivered and received in the same working day, and charges must be more than S$1 per item or 3 times Singapore Post’s postage for a
20 gram non-express letter, whichever is higher.
An outgoing international express letter must be delivered faster than Singapore Post’s published delivery standards for outgoing (non-express) airmail letters and must have a price which is at least 3 times higher than Singapore Post’s non-express rate for a 20 gram airmail letter to the same country of destination.
Incoming international express letters must be delivered by the same working day. For the purposes of this reservation, a working day is defined as: 1) Mondays to
Fridays, 8am to 5pm; or (2) Saturday 8am to 1pm. Sundays and public holidays are
not working days.
8A-Singapore-31
Description
(continued)
(c) Service suppliers providing express letter services must have a local presence in
Singapore.
(d) For the purposes of clarity, express delivery services are not covered by paragraph (a) of this reservation. Express delivery services means –
(i) the expedited collection, transport and delivery of documents, printed matter, parcels and/or other goods, while tracking the location of, and maintaining control over, such items throughout the supply of the services. Express delivery services involving letters must meet the standards of express letter services stated in paragraph (b) and (c); and
(ii) services provided in connection therewith, including, but not limited to, customs- related services and logistics services for the purposes of providing express delivery services.
Express delivery services may also include collection from an address designated by the sender; release upon signature; guarantee of delivery within a specified time; use of electronic and/or other advanced technologies; and ability of the sender to confirm delivery. Express delivery services does not include (1) air transport services (2) services supplied in the exercise of government authority; and (3) maritime transport services.
(e) Singapore Post Pte Ltd is prohibited from using revenues from the provision of services described in paragraph (a) to cross-subsidise in an anti-competitive manner the price of services described in paragraph (b).
Phase-out -
8A-Singapore-32
Sector Post and Telecommunications Services
Sub-sector Telecommunications Services
Industry -
Classification
Obligations
concerned
Local Presence
Market Access
Level of
Government
Central
Measures Info-communications Development Authority of Singapore Act, Cap. 137A
Telecommunications Act, Cap. 323
Description Cross-Border Services:
All Services-based operators and Facilities-based operators must be incorporated as
companies under the Companies Act, Chapter 50 (1994).
Facilities-based operators are operators who deploy any form of telecommunication networks, systems and facilities, outside of their own property boundaries, to offer telecommunication services to third parties, which may include other licensed telecommunication operators, business customers, or the general public.
Services-based operators are operators who lease telecommunication network elements (such as transmission capacity and switching services) from any Facilities- Based Operator (FBO) licensed by the IDA so as to provide their own telecommunication services, or to resell the telecommunication services of FBOs to third parties.
Phase-out -
8A-Singapore-33
Sector Post and 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
Obligations concerned
-
Market Access
Local Presence
Level of
Government
Central
Measures Companies Act, Cap. 50
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 Cross-Border Services:
Only registrars that are registered under the Companies Act (Cap. 50) are
allowed to provide registration services for the .sg domain name. Phase-out -
8A-Singapore-34
Sector Power supply
Sub-sector -
Industry -
Classification
Obligations
concerned
National Treatment
Market Access
Level of
Government
Central
Measures Energy Market Authority of Singapore, Act 9 of 2001
Description Cross-Border services:
Power producers located outside Singapore are only allowed to supply power to
Singapore’s wholesale power market. The total amount of power supplied to Singapore’s wholesale power market by power producers located outside Singapore cannot exceed 600 MW.
Phase-out -
8A-Singapore-35
Sector Power supply (only applies to the supply of electricity) Sub-sector -
Industry -
Classification
Obligations
concerned
National Treatment
Market Access
Level of
Government
Central
Measures Energy Market Authority of Singapore, Act 9 of 2001
Description Cross-Border Services and Investment:
Only Power Supply can supply electricity to
(i) any household consumers of electricity; and
(ii) non-household consumers of electricity with maximum demand below 2
MW.
Phase-out Retail competition will be extended to all extra high tension (EHT) and high tension (HT) consumers, and low tension (LT) non-household consumers with
an annual consumption exceeding 240,000 kWh, two months after the new wholesale electricity market opens in the second half of 2002. This is Phase I.
Subsequently, under Phase II, competition will be introduced to additional LT non-household consumers with an annual consumption exceeding 120,000 kWh, six months after Phase I.
In the final phase, now scheduled for implementation by 2003, retail sale to the remaining consumers (mainly household consumers) will be fully opened.
8A-Singapore-36
Sector Power transmission and distribution
Sub-sector -
Industry -
Classification
Obligations
concerned
National Treatment
Market Access
Level of
Government
Central
Measures Energy Market Authority Act, Act 9 of 2001
Description Cross-Border Services and Investment:
Only Power Grid is allowed to provide an open access power transmission and
distribution network. Phase-out -
8A-Singapore-37
Sector Transportation and distribution of manufactured gas and natural gas (piped gas)
Sub-sector -
Industry -
Classification
Obligations
concerned
National Treatment
Market Access
Level of
Government
Central
Measures Energy Market Authority of Singapore, Act 9 of 2001
Description Cross-Border Services and Investment:
Only Power Gas is allowed to transport and distribute manufactured and
natural gas (piped gas). Phase-out -
8A-Singapore-38
Sector Distribution and Sale Services
Sub-sector Distribution and Sale of Hazardous Substances
Industry
Classification
Obligations concerned
Level of
Government
-
Local Presence
Central
Measures Environmental Pollution Control Act, Cap. 94A
Description 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). Phase-out -
8A-Singapore-39
Sector Trade services
Sub-sector Retailing Services
Wholesale Trade Services
Industry -
Classification
Obligations
concerned
National Treatment
Level of
Government
Central
Measures Medicines Act, Cap. 176
Description 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 apparatus.
Phase-out -
8A-Singapore-40
Sector Air Transport Services
Sub-sector Ground Handling Services (including Cargo Handling Services)
Industry
Classification
Obligations concerned
-
National Treatment
Market Access
Level of
Government
Central
Measures Civil Aviation Authority of Singapore Act, Cap. 41
Description Cross-Border Services and Investment:
Only SATS (Singapore Airport Terminal Services) and CIAS (Changi
International Airport Services) are allowed to provide ground handling services, including cargo handling services, at airports.
This reservation does not apply to ground handling services that designated airlines of the United States can provide in Singapore within the terms of the Multilateral Agreement on the Liberalisation of International Air Transportation
(MALIAT) or within the terms of the Air Transport Agreement (ATA)
between the Government of the United States of America and the Government
of the Republic of Singapore, signed at Singapore on 8 April, 1997, should the MALIAT be terminated between Singapore and the United States and the ATA no longer be suspended.
Phase-out -
8A-Singapore-41
Sector Air Transport Services
Sub-sector Passenger Transportation by Air
Freight Transportation by Air
Industry
Classification
CPC 731, Passenger Transportation by Air
CPC 732, Freight Transportation
by Air
Obligations
concerned
National Treatment
Market Access
Level of
Government
Not applicable
Measures Not applicable
Description Cross-Border Services and Investment:
The Singapore Government does not impose foreign ownership limits on
Singapore designated airlines. However, enterprises 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 such enterprises to impose a 49% limit on the foreign ownership of their shares.
Phase-out -
8A-Singapore-42
Sector Water Transport Services
Sub-sector Cargo Handling Services
Pilotage Services
Industry
Classification
CPC 741, Cargo Handling Services
CPC 74520, Pilotage and Berthing Services
(only applies to Pilotage
Services)
Obligations
concerned
National Treatment
Market Access
Level of
Government
Central
Measures Maritime and Port Authority of Singapore Act, Cap. 170A
Description Cross-Border Services and Investment:
Only PSA Corporation and Jurong Port are allowed to provide cargo
handling services.
Only PSA Marine is allowed to provide pilotage services. Phase-out -
8A-Singapore-43
Sector Water Transport Services
Sub-sector Registration of ships under Singapore flag
Industry -
Classification
Obligations
concerned
National Treatment
Level of
Government
Central
Measures Merchant Shipping Act, Cap. 179
Description Cross-Border services and Investment:
Only a Singapore citizen or permanent resident or Singapore enterprise may
register a ship under the Singapore flag.
All enterprises seeking to register ships under the Singapore flag must 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.
Phase-out -
8A-Singapore-44
Sector Water Transport Services
Sub-sector Seaman Services
Industry -
Classification
Obligations
concerned
National Treatment
Level of
Government
Central
Measures Maritime and Port Authority of Singapore Act, Cap. 170A
Maritime and Port Authority of Singapore (Registration and Employment of
Seamen) Regulations
Description Cross-Border Services:
Only Singapore citizens and permanent residents can register as Singapore
seamen. Phase-out -
8A-Singapore-45